Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION

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

Vol. 149 WASHINGTON, WEDNESDAY, NOVEMBER 12, 2003 No. 164 House of Representatives The House met at 2 p.m. inspiration, continue with Your guid- PLEDGE OF ALLEGIANCE The Most Reverend Anthony Sablan ance and by You be happily ended. The SPEAKER. Will the gentleman Apuron, Archbishop of Agana, Guam, Grace us with Your saving presence from Alabama (Mr. ADERHOLT) come offered the following prayer: and aid us with Your constant blessing. Almighty God, whose goodness fills forward and lead the House in the our hearts with joy. You are blessed for All glory and praise be to You, our Pledge of Allegiance. bringing us together to work in har- ever-living God, forever and ever. Mr. ADERHOLT led the Pledge of Al- mony, in peace, and in justice. Send Amen. legiance as follows: Your blessings upon our United States I pledge allegiance to the Flag of the United States of America, and to the Repub- House of Representatives, who gener- f ously devote themselves to the work of lic for which it stands, one nation under God, indivisible, with liberty and justice for all. our Nation and Territories in the laws THE JOURNAL they pass and the resolutions they cre- f ate. The SPEAKER. The Chair has exam- MESSAGE FROM THE SENATE In times of difficulty and need, grant ined the Journal of the last day’s pro- A message from the Senate by Mr. them the strength to transcend per- ceedings and announces to the House sonal interests and seek after the com- Monahan, one of its clerks, announced his approval thereof. mon good for all. Strengthen them that the Senate has passed without with Your grace and wisdom so that Pursuant to clause 1, rule I, the Jour- amendment a bill of the House of the everything that they begin with Your nal stands approved. following title:

NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before November 21, 2003, a final issue of the Congres- sional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate jul 14 2003 00:23 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A12NO7.000 H12PT1 H11148 CONGRESSIONAL RECORD — HOUSE November 12, 2003 H.R. 3054. An act to amend the Policemen House adjourns on Friday, November recent notice continuing this emer- and Firemen’s Retirement and Disability 14, 2003, it adjourn to meet at 12:30 p.m. gency was published in the Federal Act to permit military service previously on Monday, November 17, 2003, for Register on November 13, 2002 (67 Fed. performed by members and former members of the Metropolitan Police Department of morning hour debates. Reg. 68929). the District of Columbia, the Fire Depart- The SPEAKER. Is there objection to Our relations with Iran have not yet ment of the District of Columbia, the United the request of the gentleman from Ala- returned to normal, and the process of States Park Police, and the United States bama? implementing the January 19, 1981, Secret Service to count as creditable service There was no objection. agreements with Iran is still underway. for purposes of calculating retirement annu- f For these reasons, I have determined ities payable to such members upon payment that it is necessary to continue the na- of a contribution by such members, and for DISPENSING WITH CALENDAR other purposes. tional emergency declared on Novem- WEDNESDAY BUSINESS ON ber 14, 1979, with respect to Iran, be- The message also announced that the WEDNESDAY, NOVEMBER 19, 2003 Senate has passed with amendments in yond November 14, 2003. which the concurrence of the House is Mr. ADERHOLT. Mr. Speaker, I ask GEORGE W. BUSH. THE WHITE HOUSE, November 12, 2003. requested, a bill of the House of the fol- unanimous consent that the business lowing title: in order under the Calendar Wednesday f H.R. 1828. An act to halt Syrian support for rule be dispensed with on Wednesday, SENATE BILL REFERRED terrorism, end its occupation of Lebanon, November 19, 2003. and stop its development of weapons of mass The SPEAKER. Is there objection to A bill of the Senate of the following destruction, and by so doing hold Syria ac- the request of the gentleman from Ala- title was taken from the Speaker’s countable for the serious international secu- bama? table and, under the rule, referred as rity problems it has caused in the Middle There was no objection. follows: East, and for other purposes. S. 1657. An act to amend section 44921 of The message also announced that the f title 49, United States Code, to provide for Senate has passed with an amendment COMMUNICATION FROM THE the arming of cargo pilots against terrorism; in which the concurrence of the House CLERK OF THE HOUSE to the Committee on Transportation and In- is requested, a bill of the House of the frastructure. The SPEAKER laid before the House following title: f the following communication from the H.R. 2673. An act making appropriations SENATE ENROLLED BILLS SIGNED for Agriculture, Rural Development, Food Clerk of the House of Representatives: and Drug Administration, and Related Agen- OFFICE OF THE CLERK, The SPEAKER announced his signa- cies for the fiscal year ending September 30, HOUSE OF REPRESENTATIVES, ture to enrolled bills of the Senate of 2004, and for other purposes. Washington, DC, November 12, 2003. the following titles: The message also announced that the Hon. J. DENNIS HASTERT, S. 677. An act to revise the boundary of the Senate insist upon its amendment to Speaker, House of Representatives, Black Canyon of the Gunnison National Washington, DC. the bill (H.R. 2673) ‘‘An Act making ap- Park and Gunnison Gorge National Con- DEAR MR. SPEAKER: Pursuant to the per- propriations for Agriculture, Rural De- servation Area in the State of Colorado, and mission granted in clause 2(h) of rule II of for other purposes. velopment, Food and Drug Administra- the Rules of the U.S. House of Representa- tion, and Related Agencies for the fis- S. 924. An act to authorize the exchange of tives, I have the honor to transmit a sealed lands between an Alaska Native Village Cor- cal year ending September 30, 2004, and envelope received from the White House on poration and the Department of the Interior, for other purposes, requests a con- November 12, 2003 at 12:10 p.m. and said to and for other purposes. ference with the House on the dis- contain a message from the President where- agreeing votes of the two Houses thereby he submits a copy of a notice continuing f on, and appoints Mr. BENNETT, Mr. the national emergency with regard to Iran. BILLS PRESENTED TO THE With best wishes, I am COCHRAN, Mr. SPECTER, Mr. BOND, Mr. PRESIDENT Sincerely, MCCONNELL, Mr. BURNS, Mr. CRAIG, Mr. JEFF TRANDAHL, Jeff Trandahl, Clerk of the House, re- BROWNBACK, Mr. STEVENS, Mr. KOHL, Clerk of the House. ports that on November 7, 2003 he pre- Mr. HARKIN, Mr. DORGAN, Mrs. FEIN- f sented to the President of the United STEIN, Mr. DURBIN, Mr. JOHNSON, Ms. States, for his approval, the following LANDRIEU, and Mr. BYRD, be the con- CONTINUING NATIONAL EMER- bills. ferees on the part of the Senate. GENCY WITH REGARD TO IRAN— H.J. Res. 76. Making further continuing ap- The message also announced that the MESSAGE FROM THE PRESIDENT propriations for the fiscal year 2004, and for Senate has passed bills of the following OF THE UNITED STATES (H. DOC. other purposes. titles in which the concurrence of the NO. 108–141) H.R. 1442. To authorize the design and con- House is requested: The SPEAKER laid before the House struction of a visitor center for the Vietnam S. 286. An act to revise and extend the Veterans Memorial. Birth Defects Prevention Act of 1998. the following message from the Presi- H.R. 3365. An act to amend title 10, United S. 1657. An act to amend section 44921 of dent of the United States; which was States Code, and the Internal Revenue Code title 49, United States Code, to provide for read and, together with the accom- of 1986 to increase the death gratuity pay- the arming of cargo pilots against terrorism. panying papers, referred to the Com- able with respect to deceased members of the f mittee on International Relations and Armed Forces and to exclude such gratuity ordered to be printed: from gross income, to provide additional tax ADJOURNMENT TO FRIDAY, relief for members of the Armed Forces and NOVEMBER 14, 2003 To the Congress of the United States: their families, and for other purposes. Section 202(d) of the National Emer- Mr. ADERHOLT. Mr. Speaker, I ask f gencies Act (50 U.S.C. 1622(d)) provides unanimous consent that when the for the automatic termination of a na- ADJOURNMENT House adjourns today, it adjourn to meet at 2 p.m. on Friday, November 14, tional emergency unless, prior to the Mr. ADERHOLT. Mr. Speaker, I 2003. anniversary date of its declaration, the move that the House do now adjourn. The SPEAKER. Is there objection to President publishes in the Federal Reg- The motion was agreed to; accord- the request of the gentleman from Ala- ister and transmits to the Congress a ingly (at 2 o’clock and 6 minutes p.m.), bama? notice stating that the emergency is to under its previous order, the House ad- There was no objection. continue in effect beyond the anniver- journed until Friday, November 14, sary date. Consistent with this provi- f 2003, at 2 p.m. sion, I have sent the enclosed notice, f ADJOURNMENT FROM FRIDAY, NO- stating that the Iran emergency de- VEMBER 14, 2003, TO MONDAY, clared by Executive Order 12170 on No- REPORTS OF COMMITTEES ON NOVEMBER 17, 2003 vember 14, 1979, is to continue in effect PUBLIC BILLS AND RESOLUTIONS Mr. ADERHOLT. Mr. Speaker, I ask beyond November 14, 2003, to the Fed- Under clause 2 of rule XIII, reports of unanimous consent that when the eral Register for publication. The most committees were delivered to the Clerk

VerDate jul 14 2003 00:56 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A12NO7.002 H12PT1 November 12, 2003 CONGRESSIONAL RECORD — HOUSE H11149 for printing and reference to the proper By Mr. RAMSTAD (for himself and Ms. H.R. 2683: Mr. KUCINICH. calendar, as follows: ESHOO): H.R. 2823: Mr. COSTELLO. Mr. COX: Select Committee on Homeland H. Con. Res. 324. Concurrent resolution H.R. 2945: Mr. MILLER of North Carolina. urging Japan to honor its commitments Security. H.R. 2886. A bill to amend title 31, H.R. 2967: Mr. HOEFFEL and Mr. PLATTS. under the 1986 Market-Oriented Sector-Se- United States Code, to improve the financial H.R. 3125: Mrs. MUSGRAVE. accountability requirements applicable to lective (MOSS) Agreement on Medical Equip- ment and Pharmaceuticals, and for other H.R. 3240: Mr. STENHOLM, Mr. CARTER, Mr. the Department of Homeland Security, and PAUL, Mr. BONILLA, Mr. SMITH of Texas, Mr. for other purpose; with an amendment (Rept. purposes; to the Committee on Ways and Means. BRADY of Texas, Mr. CULBERSON, Mr. BARTON 108–358 Pt. 1). Ordered to be printed. of Texas, Mr. SESSIONS, Mr. HENSARLING, Mr. f f THORNBERRY, and Mr. BURGESS. H. Con. Res. 30: Ms. LOFGREN, Mr. ACKER- PUBLIC BILLS AND RESOLUTIONS ADDITIONAL SPONSORS MAN, Ms. SOLIS, Ms. WOOLSEY, Mr. CLYBURN, Under clause 2 of rule XII, public Under clause 7 of rule XII, sponsors Mr. RYAN of Ohio, Mrs. LOWEY, Mr. ALLEN, bills and resolutions were introduced were added to public bills and resolu- Mr. SCHIFF, Mr. ROSS, Mr. LUCAS of Ken- and severally referred, as follows: tions as follows: tucky, Ms. KAPTUR, Ms. BERKLEY, Mr. MEEKS of New York, Mr. BROWN of Ohio, Mr. HONDA, By Mr. RAMSTAD (for himself and Mr. H.R. 300: Mr. GINGREY. Ms. KILPATRICK, Mr. LEWIS of Georgia, Mr. CARDIN): H.R. 476: Mrs. CAPPS and Mr. GOODE. JEFFERSON, Ms. MAJETTE, Mr. BELL, Mr. H.R. 3485. A bill to amend the Internal Rev- H.R. 489: Mr. JONES of North Carolina. DAVIS of Tennessee, Mr. WATT, Mr. FORD, Mr. enue Code of 1986 to provide an incentive to H.R. 852: Mr. OLVER, Mr. BISHOP of Georgia, WELDON of Pennsylvania, Mr. ISRAEL, Mrs. preserve affordable housing in multifamily Mr. LANGEVIN, Mr. MCDERMOTT, Mr. MCNUL- MCCARTHY of New York, Mr. BISHOP of New housing units which are sold or exchanged; TY, Mr. STARK, and Mr. DOYLE. York, Ms. MCCOLLUM, Mr. ORTIZ, Mrs. JONES to the Committee on Ways and Means. H.R. 1548: Mr. BARTLETT of Maryland. of Ohio, Mr. DAVIS of Alabama, Mr. SCOTT of By Mr. THOMAS (for himself, Mr. H.R. 1699: Mr. BARTLETT of Maryland. Virginia, Mr. LANGEVIN, Mr. WEINER, Mr. NUNES, Mr. DOOLEY of California, Mr. H.R. 1910: Mr. BRADLEY of New Hampshire. LARSEN of Washington, and Mr. DELAURO. RADANOVICH, Mr. CARDOZA, Mr. MAT- H.R. 2102: Mr. BEAUPREZ. SUI, Mr. DOOLITTLE, Mr. OSE, and Mr. H.R. 2173: Mr. RUSH, Ms. MCCOLLUM, Mr. H. Con. Res. 311: Mr. SOUDER. HERGER): EMANUEL, Mr. PETERSON of Minnesota, Mr. H. Res. 103: Mrs. KELLY, Mr. JENKINS, Mr. H.R. 3486. A bill to create 4 new permanent COOPER, Mr. KILDEE, Mr. BALLANCE, Mr. SCHROCK, and Mr. SCOTT of Virginia. judgeships for the eastern district of Cali- MATSUI, and Mr. ROSS. H. Res. 371: Mr. KIRK, Mr. DINGELL, Mr. fornia; to the Committee on the Judiciary. H.R. 2354: Mr. FARR. SHAYS, and Mr. SMITH of Michigan.

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Vol. 149 WASHINGTON, WEDNESDAY, NOVEMBER 12, 2003 No. 164 Senate The Senate met at 9:30 a.m. and was our time. Give them the grace to use RECOGNITION OF THE ACTING called to order by the President pro words responsibly, for the power of life MAJORITY LEADER tempore [Mr. STEVENS]. and death is in the tongue. Place with- The PRESIDENT pro tempore. The in their hearts a desire to be instru- acting majority leader is recognized. PRAYER ments for Your glory. Deliver them The Chaplain, Dr. Barry Black, of- from discouragement and today let f fered the following prayer: them mend the defective, bringing Let us pray. order where there is chaos and choos- O God our rock, great is Your glory, ing the road that leads to life. We pray SCHEDULE and worthy is Your name. We lean this in the name of Our Creator. Amen. Mr. MCCONNELL. Mr. President, this upon Your great strength, for You are morning, the Senate will begin consid- our anchor on life’s raging seas. As we f eration of the VA–HUD appropriations prepare for the long day ahead, give bill. We expect to have amendments of- Your servants in this place, the chosen PLEDGE OF ALLEGIANCE fered and debated before the noon hour. of the people, the discipline to embrace The PRESIDENT pro tempore led the Therefore, rollcall votes are antici- Your wisdom. Remind them that true Pledge of Allegiance, as follows: pated. This is the final individual ap- wisdom is pure, peaceful, gentle, im- I pledge allegiance to the Flag of the propriations bill that will be consid- partial, sincere, merciful, and produc- United States of America, and to the Repub- ered on the floor, and it is my hope tive. May they remember that You ex- lic for which it stands, one nation under God, that we can finish the VA–HUD bill pect from us faithful stewardship of indivisible, with liberty and justice for all. during today’s session.

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

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VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A12NO6.000 S12PT1 S14464 CONGRESSIONAL RECORD — SENATE November 12, 2003 As previously announced, the Senate working as quickly and expeditiously While we expect the brave men and will recess from 12:30 p.m. to 2:15 p.m. as we can on this legislation. women serving in Iraq, Afghanistan, for the Democratic Party luncheon. The PRESIDING OFFICER (Mrs. the Philippines, Bosnia, and other Following that recess, there will be 20 DOLE). The Senator from Missouri. places to face dangers on a daily basis, minutes remaining for debate before Mr. BOND. Madam President, I thank they should not expect to face the dan- the vote on the adoption of the Depart- the minority whip. I look forward to ger of inadequate medical services ment of Defense authorization con- working with him on many issues, but when they return from duty. This bill ference report. Immediately following the highway bill, which comes up once ensures that they have peace of mind, that vote, the Senate will vote on the every 6 years, is being marked up in meaning the Government will be there adoption of the military construction our subcommittee and full committee for them when they return. appropriations conference report. today. This is the perfect storm for me. Further, our bill meets the funding As the majority leader stated pre- I understand Senator MIKULSKI’s agreement for the VA under the fiscal viously, tonight we will begin an ex- commitments today. I intend to make year 2004 budget resolution by pro- tended debate on judicial nominations. an opening statement, and then I have viding $30.6 billion in discretionary All Senators are encouraged to partici- an amendment to lay down. I am going spending, an increase of $2.9 billion pate in this very important process. to have to turn over the floor to the over the fiscal year 2003-enacted level. Mr. President, I yield the floor. Presiding Officer. Consistent with the budget resolu- As always, VA–HUD is a challenging f tion, nearly all of the discretionary measure to produce, but this time it is spending increase is for medical care. RESERVATION OF LEADER TIME particularly difficult because of the Further, the bill does not include the constraints in the budget. We have had The PRESIDENT pro tempore. Under administration’s request to impose new to make some very hard decisions on the previous order, the leadership time enrollment and higher prescription how to fund almost every program in is reserved. drug fees on certain veterans. We have the bill. No one will be completely not included the administration’s pro- f happy with this bill, but ultimately the posal because I believe it is unfair to decisions the distinguished ranking DEPARTMENTS OF VETERANS AF- ask our Nation’s veterans to bear too member, Senator MIKULSKI, and I have FAIRS AND HOUSING AND URBAN heavy a burden for the cost of the med- made with our committee have been DEVELOPMENT AND INDE- ical care they rightly deserve. The pro- the right ones, and the American tax- PENDENT AGENCIES APPROPRIA- posal has proposed a new $250 enroll- payers should be happy since our job is TIONS ACT, 2004 ment fee and an increase in prescrip- not only to fund programs, but to do so The PRESIDENT pro tempore. Under tion copays from $7 a month to $15 a wisely, and that is what we have tried month. the previous order, the Senate will re- to do. sume consideration of H.R. 2861, which Ultimately, this is a good bill. It bal- The administration also requested the clerk will report. ances the needs and priorities of Mem- funds to implement its controversial The assistant legislative clerk read bers with requirements of the budget outsourcing program. According to VA, as follows: request of the administration. The bill if these were not enacted, it would need A bill (H.R. 2861) making appropriations also meets our discretionary budget al- $1.3 billion to meet its projected med- for the Departments of Veterans Affairs and location of $91.334 billion, and we are ical care needs in fiscal year 2004. Housing and Urban Development and for sun- under our outlay allocation as well. Therefore, we have rejected these new dry independent agencies, boards, commis- My compliments, once again, to my fees and have included an additional sions, corporations, and offices for the fiscal colleague and ranking member, Sen- $1.3 billion to make up for the lost rev- year ending September 30, 2004, and for other enues from those fees. purposes. ator MIKULSKI, on her hard work, cooperation, and commitment to making Let’s be clear. Without these funds, Mr. BOND. Mr. President, I suggest this bill a balanced and good piece of the VA would be forced to deny care to the absence of a quorum. legislation. I know that Senator MI- about 585,000 veterans. During a time The PRESIDENT pro tempore. The KULSKI has a number of concerns about when our troops are deployed, fighting clerk will call the roll. certain aspects of the bill, mostly re- in Iraq, Afghanistan, and other places, The assistant legislative clerk pro- garding the funding level of certain it is not just necessary to include the ceeded to call the roll. programs. I share her concerns. But I additional funds; it is our moral duty Mr. REID. Mr. President, I ask unan- believe we both understand we are to include those funds. imous consent that the order for the drafting a bill with significant funding For medical care, the VA/HUD bill quorum call be rescinded. constraints. She and I worked hard to before us provides $26.8 billion in funds The PRESIDENT pro tempore. With- ensure the funding is targeted to key without collections, representing a out objection, it is so ordered. programs and priorities that we both $1.57 billion increase over the request. Mr. REID. Mr. President, I know the strongly support, and we think most With third party insurance collections, distinguished Senator from Missouri is Members support as well. the medical care account will have going to make an opening statement. To be clear, our most pressing and over $28.3 billion in funds. That is Senator MIKULSKI, in an effort to move important priority in the VA–HUD 2004 about $3.1 billion over fiscal year 2003’s this bill forward, even though she had appropriations bill is funding for our enacted level and represents a 12.3 per- a longstanding commitment in Mary- Nation’s veterans and, most impor- cent increase over fiscal year 2003, the land this morning, asked that I rep- tantly, funding to provide quality and largest increase in VA medical care resent her this morning, which I am accessible medical care services from history. happy to do. the Department of Veterans Affairs. I Let me illustrate the urgent and However, her statement will be made am proud to say our bill meets our pressing needs. Several of us went to at a later time at her convenience. She commitments to our Nation’s veterans the VA hospital in Washington yester- should be here in a relatively short pe- and ensures the VA medical care sys- day to thank the veterans and wish riod of time. As I indicated, she would tem has adequate resources to meet its them happy Veterans Day. But on our not want to hold the bill up in any current and ongoing needs, especially visits around the system, we found that way. There is a lot of business going on for VA’s core constituents, such as there are tremendous needs. today, as everyone knows, not the least those with service-connected disabil- According to a recent VA analysis, of which Senator BOND and I are the ities, low incomes, or needs for special- 15,000—almost 16,000 service members chairman and ranking member of the ized services. who served in Operation Iraqi Freedom Transportation Subcommittee of the It is critical that we ensure VA can have separated from military duty, and Environment and Public Works Com- provide a safety net for our veterans, among these service members almost mittee, and we are trying to move that especially during a time when our 2,000 had sought VA health care during bill along, too. That meeting started 5 Armed Forces are mobilized across the 2003. I point out, these numbers do not minutes ago. I appreciate everyone’s globe maintaining the peace and fight- include those military men and women understanding, and I look forward to ing the war against terrorism. who are returning from Afghanistan

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.002 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14465 and other parts of the world, fighting erans. That is why I strongly support ily housing. This program is working. the war on terrorism. the CARES initiative and believe Sec- This is one of the best things that has Every day in the news we hear the retary Principi is on the right track in happened in public housing. unfortunate, sad news of American sol- realigning the health care system. Does there need to be a change? Cer- diers killed in Iraq. However, as illus- As for HUD, we provide adequate tainly we can look at it, but we need a trated by the VA analysis and scores of funding for all programs either at last discussion, a debate, and a decision be- news reports, we have found that our year’s level or the budget request, and fore we try to shut down HOPE VI. We new medical care in the field has en- usually the higher of the two. However, have not been able to fund this pro- abled us to save many service members there are several points to be made gram fully, but we have provided $195 who might not have survived. They about funding for two programs: Sec- million for HOPE VI in fiscal year 2004 come back with very serious wounds tion 8, and HOPE 6. and provide limited authority to recap- and perhaps disabilities. The administration proposed funding ture funds from old projects unable to USA Today, on October 1, said at section 8 vouchers through a new ac- use their HOPE VI funding. least seven times as many men and count, Housing Assistance for Needy For the Corporation for National and women have been wounded in battle as Families, which would have allocated Community Service, the bill provides those killed in battle. The good news is section 8 certificates through a State $484 million for fiscal year 2004, about we have kept these people alive. But as block grant program. Under the budget $100 million above the fiscal year 2003- these wounded service members are request, section 8 project-based hous- enacted level and $113.6 million below discharged, they confront new and ing assistance would have continued to the request. The dollar increase is the challenging hardships in piecing to- be funded through HUD. This program largest increase in the corporation’s gether their lives. Most of them will be has been uniformly criticized and could history, and the total amount provides depending on the VA to meet their have placed a number of families at the highest level of funding for the cor- needs. Further, we know the demand risk of losing their housing over the poration. While our funding level does for VA medical care is not going to next few years. not meet the President’s request, along lessen. We have already seen the VA Instead, we funded the section 8 cer- with additional flexibilities we pro- medical care system overwhelmed by tificate fund at $18.4 billion, consistent vided in the bill, it will support the the staggering increase in demand for with the budget request, without the President’s goal of enrolling up to medical services. new program structure. Many groups 75,000 new AmeriCorps members. Since 1996, the VA has seen a 54 per- say this appropriation is inadequate We have provided a robust appropria- cent growth, 2 million patients, in and could result in the loss of housing. tion for the corporation. I strongly be- total users for the system. Further, the I share these concerns with several lieve the bill contains the necessary VA projects its enrollments will grow qualifications. controls to ensure that the corporation by another 2 million patients from the First, in previous bills we restruc- does not continue to repeat the highly current level of 7 million to 9 million tured the account to provide funding to publicized mismanagement problems of in 2009. PHAs only for the families actually the past. The bill ensures account- The other major highlight of VA using vouchers and then with the cen- ability, addresses the AmeriCorps en- funding is construction funding for tral reserve at HUD, to ensure addi- rollment problems, without penalizing VA’s medical care infrastructure. The tional funds would be available to fund the thousands of volunteers who want bill provides almost $525 million for vouchers for additional families up to to serve and serve well. minor and major construction projects. the PHA—that is, public housing au- Further, with the current chief finan- A significant portion of that is dedi- thority—authorized contract level. cial officer in place, and Chairman cated to the Department’s Capital This is new. The data is incomplete. Steve Goldsmith at the helm of the Asset Realignment for Enhanced Serv- There is a risk that there are not corporation’s board of directors, I am ices, or CARES, initiative. enough funds in the appropriation to very confident the corporation can cor- I want everybody to remember this meet all the needs of all families. But rect its longstanding management because this CARES initiative is im- we do not know what that number will problems. portant. To jump-start the program, be. I am a believer in tough love, and I the bill includes authority for the Sec- In past years, HUD has found addi- can say with confidence this bill rep- retary to transfer up to $400 million tional excess section 8 funding to meet resents that philosophy. The promise from medical care to the CARES pro- all section 8 needs, and no doubt will of the corporation is too great to allow gram. This transfer authority is pro- next year and the year after until this it to be derailed by inappropriate, inad- vided because buildings that are no new funding system is in place and equate mismanagement and the inabil- longer suitable for the delivery of mod- data is reliable. ity to count, which has perplexed the ern health care cost the VA money out Nevertheless, we made it clear in the corporation in previous years. of medical care. Instead of spending report that we expect the administra- For the Environmental Protection these important resources on obsolete tion to alert us to any shortfalls and Agency, the bill provides $8.2 billion, facilities, these funds could be used to that we expect any shortfalls to be some $552 million more than the budget provide quality care to more veterans funded fully in a supplemental appro- request. The funding represents a num- closer to where they live. The GAO has priations request. ber of tough decisions balancing Mem- concluded that the VA wastes $1 mil- Second, the administration elimi- ber priorities with the budget request. lion a day on sustaining the obsolete nated the HOPE VI Program, which In particular, we were able to fund and out-of-date, unused facilities. The was funded last year at $570 million. fully the clean water State revolving CARES program is designed to move This program has been a tremendous fund at the fiscal year 2003 level, which VA health care into the 21st century. It boost to the quality of housing for is $500 million more than the budget re- depends on a modernized infrastructure many low-income families. It has al- quest. We also fully funded the drink- system located in areas where most of lowed PHAs to take down obsolete pub- ing water State revolving fund at $850 our veteran population lives. lic housing, where we essentially ware- million, which is equal to the budget Many veterans today have to travel house the poor, and replace that hous- request in the fiscal year 2003 level. hundreds of miles to receive care. I vising with mixed income and public I know there will be some concerns ited the VA hospitals in my home housing that has anchored new invest- about Superfund, which is funded at State of Missouri and found they all ments in distressed communities. $1.265 billion, the same as fiscal year have great need for infrastructure im- I have a personal interest in this pro- 2003, and $125 million less than the provements, such as modernized sur- gram because we started this change. budget request. This is one of the gical suites, intensive care units, and We made this change initially in St. tough choices, but this funding level research space. Most of the VA system Louis, MO, with one project which was reflects a level of funding consistent was created right after World War II. It totally uninhabitable, unsafe, and unfit with the last few years. is outdated and located in areas that to raise a family. It has been replaced We have included requirements to are not always easily accessible to vet- with new, modern, mixed-income fam- help push EPA toward more Superfund

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.005 S12PT1 S14466 CONGRESSIONAL RECORD — SENATE November 12, 2003 closeouts. There is a contentious issue Black-serving institutions and the new ideas for the new products that are in the count. Language has been in- Louis Stokes Alliance for Minority going to lead to new jobs right here in cluded to clarify an existing exemption Participation, with $22 million in addi- the United States of America. in the Clean Air Act that engines that tional funds over the President’s re- The Presiding Officer knows about are used in farming and construction quest. the loss of jobs in our country and the and are smaller than 175 horsepower NASA is funded at $15.3 billion, con- way we are going to not only have the are exempt from State regulation for sistent with the 2003 level. We have jobs today, but also the jobs of tomor- emissions but remain subject to EPA funded the space shuttle program at row, is by coming up with these new regulations. the President’s requested level of $3.97 products. We know we win the Nobel The problem we face today is that billion. The Columbia Investigation Prizes, but now we have to start win- California is on the verge of issuing Accident Board recently issued a final ning the markets. new regulations that would drastically report, and the response of NASA has I am so pleased to bring the VA–HUD change the emission requirements for developed an implementation plan as a bill to the Senate floor with my dear small engines, whether they are used foundation for return to flight. colleague, Senator BOND. This is truly for lawn and garden or farm and con- Nevertheless, NASA is facing a cross- a bipartisan bill. I thank Senator BOND struction. This California Air Re- roads in its human space program and for his cooperation and collegiality in sources Board threatens 17,000 jobs in we need to understand the extent of developing the framework for this leg- other States and 5,000 jobs in Missouri. the administration’s commitment to islation, as well as Senator STEVENS Before the board acted, I specifically the shuttle, the International Space and Senator BYRD who worked with us requested them to find a resolution to Station, and human space flight. as we tried to deal with a very spartan the issue which would not force U.S. The need to define this commitment and frugal allocation in these tough manufacturers to move their plants has become even more important in re- economic times. We really appreciate offshore because I think Government- cent weeks with the successful launch Senator STEVENS trying to problem- required export of jobs is unacceptable. of a Chinese taikonaut and after the solve with us on how we can meet the The California Air Resources Board disturbing news that Russia will be un- compelling needs that are in this legis- had an opportunity to adopt a rule sup- able to fund the next scheduled launch lation. One of the most compelling needs is ported by the entire industry to proof a Progress to the ISS, meaning the VA. During the August recess, I trav- vide the environmental gains needed current crew on the ISS will not return eled to VA clinics all over Maryland, and protect the public from the risk of to Earth until next year. from the rural parts of my State all burn and explosion from catalytic con- The bill does have to necessarily re- the way up to metropolitan areas, verters on small engines, but they duce the budget for the International meeting with doctors and nurses, but chose not to go this route. Unfortu- Space Station by $200 million, reflect- also with veterans. What did I see? ing the current state of the ISS, with nately, the proposed regulations raise Outpatient clinics at capacity, waits to its reduced crew and the inability of great threats to safety of lives and the see specialists, and, at times, driving health of consumers. NASA and international partners to long distances to travel in rural areas. I will be addressing that in an continue its construction of the ISS, as Everywhere I went, they all said they amendment I will be offering which well as the obvious risks of relying on were being swamped by new veterans will clarify the purpose of these provi- Russia and Russian vehicles to supply seeking care. sions and also respond to concerns the ISS for an indeterminate amount They are anticipating the return of raised by a number of Senators. I hope of time. the Iraqi war veterans, not only Jes- we can support this measure to assure There are many constraints within sica Lynch, but others who come back that we can clean up our environment, this bill. We must consider all the cur- bearing the permanent wounds of war and we do so in a way that does not rent uses for funds versus a program knowing that they are going to need bring additional risk of explosion and that in some respects is on hold. We the permanent help of the VA. We want fire. We have seen what tragedies fires will gladly reconsider this action as to be on their side to stand up for that caused in California. We do not want to NASA and the administration present help. see fires caused by small engines, and a plan that will restart the construc- We also saw that many people who we do not want to see 22,000 manufac- tion of the ISS to reach core complete. had health care but lost their jobs or turing jobs exported directly as a re- The bill also provides for some minor were forced into early retirement turn- sult of a regulation. programmatic changes within the ing to the VA. When we took a look at The underlying bill itself also in- science aeronautics and exploration ac- the VA budget, we found that the cludes $5.586 billion for the National count. We do provide for an additional President’s request was about $1.5 bil- Science Foundation, an increase of $276 $50 million beyond the President’s re- lion under what we needed to deal with million over the current funding level. quest in the area of aeronautics. the waiting lines, the new Iraqi vets It is an increase of only 5.2 percent, Europe has made it clear they intend coming back, and also the fact that we which is far short of the funding path, to dominate the commercial aviation need to take care of those category 7 which I think an overwhelming major- market, and we intend not to let that veterans, those World War II veterans. ity of this Senate supports, to put NSF happen. So we need more money in VA. We on a path to double in 5 years. To keep I yield the floor. tried to take care of this on the Iraqi us from losing jobs to overseas, we The PRESIDING OFFICER. The Sen- supplemental, but that was not the have to have the high technology ator from Maryland. time nor the place, and we count on science that the NSF can provide. Ms. MIKULSKI. I thank the Chair. working with the leadership, under In addition, people working in the Madam President, I thank Senator Senator STEVENS, to solve this prob- National Institutes of Health tell us BOND and the distinguished Senator lem. We have come a long way in this that continued gains in NIH, which we from California for her graciousness as VA–HUD budget in dealing with this have so generously doubled, is being we proceed on both the bill and an issue. held back by the failure of the hard amendment of Senator BOND and her While we stand up for our veterans, sciences in NSF, which are necessary advocacy in behalf of the State of Cali- we also want to stand up for our com- to support the medical advances. I am fornia. Her advocacy on the issue is munities. This is why the HUD budget pleased we are funding the priorities of well known, but I know she also has offers promise to the area of housing nanotechnology, plant genome, and pragmatic solutions. I also appreciate and community development. We con- EPSCoR above the requested levels and that she did not object to bringing this tinue our commitment to core housing continue to support research at all lev- bill forward. We thank her very much. programs. We particularly are enthusi- els, from elementary school to post- The veterans need this bill. We need astic about the Community Develop- docs and beyond. it to protect America’s environment. ment Block Grant Program because it Finally, we continue our support of We need it to empower communities, goes to local communities; it is flexible minority-serving institutions, includ- and we need to invest in science and funding where the local community de- ing such programs as historically technology that helps us come up with cides where the public investment

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.008 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14467 needs to go to leverage jobs or to re- come up with the best ideas and the scribed in my opening statement which build communities. This is why we like breakthrough technology, not only for will save 22,000 manufacturing jobs in CDBG, whether it goes to North Caro- smart weapons of war, but where this is 23 States. Let me repeat so that all will lina, to those small rural communities translated into the commercial airline know what we are debating today, and in Alaska, or to a big city such as Bal- business where we can fly and ensure that is whether we will decide to kill timore. Because of what we have done, that passengers are safe, but also main- 22,000 manufacturing jobs in 23 States we have helped retain over 100,000 jobs tain this manufacturing base. So Sen- across America. nationwide. ator BOND and I put in $50 million for With this amendment, we will decide It is also the same for a program increased aeronautical research. whether to close at least three Amer- called HOME, which has created in the At the same time, we have put ican manufacturing plants. We will de- past 10 years over 700,000 affordable money into the National Science Foun- cide today whether we will send thou- housing units. We are going to con- dation to make sure we have that farm sands of jobs to China. We will decide tinue in this bill the longstanding com- team of the next generation of sci- today whether we will kill thousands of mitment to renew all section 8 vouch- entists and engineers, but also in jobs of manufacturing parts suppliers. ers and also to keep the HOPE VI pro- breakthrough technologies, investment We will decide today whether we will gram going. So we are looking out for in biotech, infotech, and a marvelous kill thousands of jobs of those depend- building housing, building hope, and new field called nanotech that could ent on a manufacturing paycheck. We providing access to the American create thousands of new jobs. will decide all of this with this very dream. Imagine that wonderful wedding ring important amendment. Our answers We are also in this bill fighting to the Chair has on, that our former col- must be a resounding no to killing protect our environment. We are help- league Senator Dole gave. As she looks 22,000 manufacturing jobs. Our answer ing EPA by providing the right funds at that ring, just know that that is the must be a resounding no to sending to clean up brownfields, improve air size of a supercomputer when we move more jobs to China by a State regula- quality, and fix water and sewer sys- our nanotechnology further ahead, tion. Our answers must be a resounding tems. I am particularly proud of the that the entire Library of Congress will no to closing manufacturing plants. A way we have continued on a bipartisan be in something less than the size of ‘‘no’’ vote on this proposal and the un- basis to fully fund the Chesapeake Bay my earring. Is this not phenomenal? derlying proposal is a vote to send There will come a day when someone Program. thousands of jobs abroad. Where we would like to do more is in will be able to take one little pill-like Why are these jobs at risk? Quite the water and sewer program. Every item a day, or even a month, and that simply a single agency in a single Senator has come to us, along with nanotechnology will be an ongoing State has its own ideas of how to solve every Governor, to say: Increase water monitor for the diabetic, for the high problems in the environment. The and sewer money. The communities blood pressure person, for the stroke- problem is they do so without a care in need it to protect public health and the prone person and be able to send alerts the world as to the consequences of to a doctor’s office. This is what lies environment, but we also need it, say their actions—the loss of jobs and the ahead. the Governors and the local officials, danger that it entails. We will not only be saving lives or At issue is the desire of the Cali- because this will also create jobs. We collecting information, but what we fornia Air Resources Board to impose are under so many EPA-unfunded man- will be doing is winning the Nobel new air pollution reductions by impos- dates that essentially this will push Prizes and winning the markets and ing a massive redesign on small en- problems onto the local ratepayer. these products will be manufactured in We have funded water and sewer gines used in lawnmowers, generators, this country and will revolutionize the blowers, chain saws, and marine ves- projects, but I am going to be offering world. an amendment to increase it even by $3 This is what VA–HUD is all about, sels. The California redesign would be billion more. standing up for our veterans, rebuild- so massive that it will force the use of We also have to have very strong en- ing communities, protecting the envi- expensive and dangerous technologies forcement of environmental laws. So ronment, answering a call to national like super hot catalytic converters on we must not skimp on enforcement, service, making public investments in hand-held equipment. and I will be supporting an amendment science and technology. So I am The California market and those by Senator LAUTENBERG on this issue. pleased to support this bill, along with States that may follow suit will be Then we go to national service. This my colleague, the chairman of the sub- forced to do so because major chains bill also empowers communities that sell these small engines will not committee, Senator BOND. This is a bi- through national service. Working with partisan bill. This is not a Democratic be able to make one kind of engine for Senator BOND, we cleaned up a terrible bill or a Republican bill. This is a red, a California market and another kind accounting mess. The President has re- white, and blue bill. We hope it moves of engine for other markets. Instead of sponded and given us new leadership, expeditiously through the Senate with manufacturers rebuilding plants in the but right now we are working to in- a few of the amendments we are pro- United States, they will rebuild them crease the volunteer program. We con- posing. in China where it is cheaper and fill tinue to need additional funds and bet- I yield the floor. them with cheap labor. These workers ter management. will not be subject to U.S. wage, work, AMENDMENT NO. 2150 At the same time, we are working on Mr. BOND. I call up an amendment or environmental regulations. NASA to return our space program to at the desk and ask for its immediate This is not a question of what the flight, but we want to ensure, as al- consideration. company does in terms of its profit and ways, the safety of our astronauts, and The PRESIDENT pro tempore. The loss statement. They can maintain the we are absolutely committed to imple- clerk will report. same profits by probably raising prices menting the Gay-Min commission re- The assistant legislative clerk read and sending their manufacturing to port so that when we go back to space, as follows: China. This is a question of U.S. jobs of our astronauts will be safe. The Senator from Missouri [Mr. BOND], for the men and women who work in those Space science: This is where we look himself and Ms. MIKULSKI, proposes an plants. at big breakthroughs, whether it is amendment numbered 2150. I visited workers at a Poplar Bluffs, Earth science, work at NASA Goddard, Mr. BOND. Mr. President, I ask unan- MO, plant which makes small engines. or the Hubbard telescope, but also Sen- imous consent that the reading of the They are good people, hard-working ator BOND and I worked to increase amendment be dispensed with. people. They are supporting their fami- funding of aeronautics by $50 million. The PRESIDING OFFICER. Without lies and their communities. They can- In 1980, the U.S. had 90 percent of the objection, it is so ordered. not understand why we would let a reg- commercial aviation market. Now we (The amendment is printed in today’s ulation of one State send their jobs to are down to 50 percent. This is unac- RECORD under ‘‘Text of Amendments.’’) China. But they are not alone. Closure ceptable. We have to make sure we Mr. BOND. Mr. President, this of these plants will have a ripple effect make airplanes in this country, and we amendment before us is the one I de- across the country.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.010 S12PT1 S14468 CONGRESSIONAL RECORD — SENATE November 12, 2003 When you include the direct loss tached to your weed whacker, chain and we cannot find any evidence of industry from parts suppliers and payroll de- saw, or lawnmower only inches from support. As such, we wish to go on record pendents, 22,000 jobs in 23 States from your hands and legs. that we categorically do not support the pro- Minnesota to Florida, from Massachu- Keep in mind the California regula- posed regulation, because we believe it will tion would require you to wave around lead to a substantial increase in residential setts to Texas and Arizona will be lost. and wildland fires. This map shows where those losses a 1,100-degree catalytic converter in These are complex issues that are not sim- occur. They are significant losses—not the dry grass you are mowing or the ply solved by manufacturers according to an only in my State but in Wisconsin, in dry brush you are cutting or in the dry arbitrary regulatory schedule. Similar chal- Georgia, in Illinois, in Alabama, and in leaves you are blowing. This is a safety lenges exist with catalytic converters on Texas. These are the States that will hazard. There are basic safety warn- board boats, and it may be years before they bear the burden. ings—avoiding the use of hot mufflers are resolved. I ask my colleagues: Can we afford to or use of equipment in dry grass or We are saddened an agency that exists only brush conditions must be avoided. The to protect the health and safety of Califor- lose more than 22,000 manufacturing nians would choose to ignore fire safety and jobs? I think the answer is no. California rule ignores them. Not only misrepresent the facts. Our hope is that, as The need to save these 22,000 jobs is did they not address these concerns, this matter proceeds to the federal govern- so important that I have made changes but in one example they provided mis- ment, it will be managed with more integ- in my small engines provision to ad- leading information to their own Cali- rity. As always, we stand ready to work with dress concerns of stakeholders and fornia Fire Chiefs Association. Ini- our many friends in the environmental pro- members. I believe and trust that these tially, the California Fire Chiefs be- tection community who so well understand changes are appropriate and will assure lieved that the California combination that effective fire prevention saves lives and of leaking fuel from overly pressurized protects the environment. that we have targeted our amendment Sincerely, tanks and excessive temperatures from to meet the real dangers. Chief WILLIAM J. MCCAMMON, First, the requirement that EPA es- a hot catalyst is a disaster waiting to President. tablish new small engine standards to happen. The fire chiefs thought the Mr. BOND. Madam President, the achieve additional pollution reduction rule poses an unacceptable risk to the California Fire Chiefs Association say for small engines. people of their State. they categorically do not support the After promises from the Air Regula- Let me make it clear: EPA, under the proposed regulation because it will tion Board were made to the fire chiefs Clean Air Act, already regulates small lead to a substantial increase in resi- that they change their regulations, the engines and has done at least two dential and wildland fires. fire chiefs dropped their concerns. Un- rounds of small engine air pollution re- They state: fortunately, they were misled, accord- ductions. We are saddened an agency that exists only In this amendment, we direct them ing to the fire chiefs. to protect the health and safety of Califor- to within a year do another round of This is an enlarged copy of the letter nians would choose to ignore fire safety and new standards so that the entire Na- that was sent by the California Fire misrepresent the facts. tion benefits from cleaner small en- Chiefs Association. It documents how Not surprisingly, other agencies are gines. In other words, we are going to the operation of this new regulation very much concerned. get the cleanup that California wants would be a great danger. The National Association of State I ask unanimous consent a copy of in California, and which other States Fire Marshals remains very concerned the letter be printed in the RECORD. in the Nation need in their States. My that the California rule cannot be safe- own State of Missouri needs pollution There being no objection, the material was ordered to be printed in the ly met. reductions in Kansas City and St. The United States Consumer Prod- RECORD, as follows: Louis. In Missouri, we can’t issue those ucts Safety Commission has concerns regulations. I say to the occupant of CALIFORNIA FIRE over the potential for burn fire mate- CHIEFS ASSOCIATION, the Chair, North Carolina can’t issue rial hazards that remain unaddressed. those regulations on its own. But by di- Rio Linda, CA, November 6, 2003. Hon. CHRISTOPHER BOND, The Missouri State Fire Marshal re- recting EPA to enforce those standards Russell Senate Office Building, mains concerned that the California nationally, we will get the cleanup Washington, DC. rules create a significant threat to the that we need in every single one of our DEAR SENATOR BOND: The California Fire safety of people, property, and the en- States. All 50 States will benefit from Chiefs Association represents fire chiefs vironment. nationwide air pollution reductions. from over 1,100 fire departments operating in The National Marine Manufacturing While we are concerned about the the state of California. Member organiza- Association is concerned that Califor- loss of 22,000 jobs, changes in the tions consist of municipal fire service agen- nia’s activities create marine safety cies, fire districts, state and federal govern- amendment will also address vital safe- ment agencies, and corporate fire brigades. issues that must be evaluated further ty concerns with the California rule. Earlier this year in oral and written com- before they are imposed on industry. Safety professionals and the organiza- munications to the California Air Resources That is right. This rule can even make tions they serve fear that the Cali- Board (CARB), our association expressed se- boats unsafe. Generators and engines fornia rule will force unsafe changes to rious concerns about the CARB’s plans to re- kept in boats in enclosed spaces with small engines that will increase the quire catalytic converters on lawnmowers poor ventilation requiring these super- risk of fire, burn, and even explosion. and other lawn and garden power equipment. heated catalytic converters is a boat- Firefighters have far too much experience This California regulation contains the suppressing fires caused by catalytic con- ing disaster waiting to happen. requirement that would force small en- verters on automobiles carelessly parked on I ask unanimous consent that copies gine makers to install superheated combustible grass and leaves. of these letters be printed in the catalytic converters. After this past month of fighting wildland RECORD. Anybody who has been around them fires, we are almost too tired to think about There being no objection, the mate- should know that catalytic converters catalytic converters on lawnmowers which, rial was ordered to be printed in the reach extremely high temperatures after all, are intended for use on grass. Cali- RECORD, as follows: when chemically breaking down air fornia does not need yet another way of ig- niting fires. NATIONAL ASSOCIATION OF STATE pollution. In fact, catalytic converters Several weeks ago, the CARB’s staff in- FIRE MARSHALS, EXECUTIVE COM- meeting California’s standard can formed our representative, Assistant Chief MITTEE, reach temperatures of 1,100 degrees Jim Medich of the West Sacramento Fire De- Washington, DC, October 7, 2003. Fahrenheit or more. Dry grass burns at partment, that the catalytic converter re- Re California’s new emission regulations for just over 500 degrees Fahrenheit, and quirement had been removed and the outdoor lawn and garden equipment and request for a safety study. certainly human skin burns at much power equipment industry was now in sup- lower temperatures. port of the measure. Believing that state- Mr. JEFFREY R. HOLMSTEAD, U.S. Environmental Protection Agency, Penn- Keep in mind that were this Cali- ment to be true, we had no further objection to the CARB rule and have since been quoted sylvania Avenue, NW., Washington, DC. fornia regulation to go into effect, you in support of the regulation. DEAR MR. HOLMSTEAD: The National Asso- would be required to hold an 1,100-de- Unfortunately, we were misled. The cata- ciation of State Fire Marshals (NASFM) rep- gree Fahrenheit catalytic converter at- lytic converter provision was not dropped, resents the most senior fire safety officials

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.014 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14469 in the 50 states and the District of Columbia. quired by the Clean Air Act. We urge U.S. marine accessories. NMMA has over 1500 Our mission is to protect life, property and EPA to evaluate, accurately identify for the members, many which are either located or the environment from fire and other hazards. public, and address the substantial unre- conduct business in the state of Texas. We receive virtually all of our resources solved safety issues presented by the CARB NMMA would like to inform you of recent from federal and state government agencies. regulation. If EPA authorizes the CARB reg- actions by the California Air Resources NASFM became aware of the proposed ulation without conducting a thorough and Board that raises marine safety issues for emission regulation being proposed by the meaningful safety evaluation, then NASFM recreational vessels equipped with generator California Air Resources Board (CARB) for and its members will request substantial ad- sets. The recent rules for spark-ignited small lawn and garden equipment earlier this sum- ditional federal funding to respond to a dra- off-road engines adopted by the California mer. Out of concern that the very hot cata- matic expected increase in fires in and Air Resources Board would impose both new lytic converters and pressurized fuel tanks around people’s homes, as well as an increase exhaust and evaporative controls on vessels required by this rule would pose a risk for in operator burn injuries. We believe the ad- equipped with these devices. This action was additional garage fires, wildland fires and ditional costs in fire suppression—and the taken without consultation with NMMA, its operator burns, NASFM submitted the en- potential loss of life and property, as well as members or the U.S. Coast Guard. closed July 29, 2003, and September 12, 2003, damage to the environment—that will result NMMA, the California Air Resources Board correspondence to CARB. In this correspond- from CARB’s regulations as currently writ- and the U.S. Coast Guard have a test pro- ence, NASFM urged the CARB Board ‘‘not to ten would dwarf the relatively small costs of gram underway at Southwest Research in proceed with [its proposed emission] regula- conducting a meaningful safety study prior San Antonio to test catalysts on sterndrive/ inboard engines. The purpose of this test pro- tion at this time, given the high probability to the EPA decision on whether to authorize gram is to assure the performance, dura- that lives and property will be at risk if the regulations. catalytic converters and pressurized fuel NASFM has established relationships with bility and safety of catalysts in this applica- tanks are required before all critical safety the EPA as well as with environmental non- tion. Nevertheless, California adopted regu- parameters have been identified and before governmental organizations, other fire serv- lations that would require catalysts on ma- the industry can implement the proper safe- ice organizations and the Building and Fire rine generators before completion of this ty measures.’’ Research Lab at the National Institute of study. The California rules would also require changes to the fuel systems on any ves- NASFM urged CARB to participate in a Standards and Technology. We stand ready sel equipped with a marine generator. safety test program to evaluate and respond to participate in a safety study on this issue NMMA, our fuel tank and boat builder mem- to the unresolved safety concerns with if authorized by EPA. CARB’s proposal to apply extremely hot Thank you for your consideration. bers and the U.S. Coast Guard have been ac- catalysts and pressurized fuel systems to Sincerely, tively engaged with the U.S. Environmental Protection Agency for several years in the lawn and garden equipment. We are aware DONALD P. BLISS, that a similar safety study is being under- President. development of regulations to control evapo- taken with U.S. EPA, the U.S. Coast Guard rative emissions from recreational vessels. It is our understanding that the requirements and industry to research the effects of apply- U.S. CONSUMER PRODUCT included in California’s rules are similar to ing catalytic converters to marine engines. SAFETY COMMISSION, However, by moving forward with the adop- Washington, DC, August 4, 2003. those which have raised safety issues in the EPA rulemaking. Like the exhaust rules, tion of regulations at its Board hearing on ALAN C. LLOYD, Ph.D., these requirements were adopted without September 25, the CARB Board has effec- Chairman, Air Resources Board, California En- consultation with the U.S. Coast Guard, and tively rejected the proposed safety study, vironmental Protection Agency, Telstar Ave- thus denying NASFM (and other safety orga- the boat building industry. nue, El Monte, CA. NMMA is concerned that California’s ac- nizations) the needed time and therefore the DEAR DR. LLOYD: A staff representative of tivities create marine safety issues that ability to participate as a stakeholder in the the U.S. Consumer Product Safety Commis- must be evaluated further before they are CARB regulatory development process. Addi- sion (CPSC) attended the Small Off-Road En- imposed on this industry. For this reason, gine Workshop held by the California Air Re- tionally, CARB has failed to identify and ob- NMMA urges you to support Sen. Bond’s pro- sources Board (CARB) in Sacramento on jectively explain to the public the risks and vision included in the VA–HUD FY 2004 Ap- July 2, 2003. Part of that workshop included substantially unresolved safety issues associ- propriations bill which would limit Califor- the discussion of potential safety issues asso- ated with its regulatory program. For exam- nia’s ability to impose requirements on these ciated with proposed air quality require- ple, CARB’s August 8 Staff Report failed to devices and marine vessels. ments in California. We understand that mention—or even cite to—the correspond- Sincerely yours, ence submitted to CARB by the California these proposed air quality requirements THOMAS J. DAMMRICH, might require additional emissions control Fire Chiefs Association on July 18, com- President. ments of NASFM submitted on July 29, or equipment on outdoor power equipment such as lawn mowers. The CPSC staff has con- the correspondence from the U.S. Consumer DEPARTMENT OF PUBLIC SAFETY, ducted an initial review of potential safety Product Safety Commission, all of which DIVISION OF FIRE SAFETY, raised valid safety concerns with CARB’s issues that may arise as a result of the pro- Jefferson City, MO, October 24, 2003. mulgation of these requirements and be- proposal. Senator CHRISTOPHER S. BOND, CARB has indicated that manufacturers lieves that these issues merit further consid- U.S. Senate, will simply respond to the increased heat eration and discussion in the regulatory Washington, DC. from catalysts by adding more heat shielding process conducted by CARB. Specifically, DEAR SENATOR BOND: I write both as Mis- and insulation—despite documentation by the CPSC staff recognizes the potential for souri State Fire Marshal and as a director of manufacturers that the installation of addi- burn, fire, or materials hazards that addi- the National Association of State Fire Mar- tional heat shielding and insulation to pro- tional emissions control equipment could shals (NASFM). NASFM represents the most tect the operator from burns will inherently present. senior fire safety official in each of the 50 result in much longer cool-down periods, in- The CPSC engineering staff requests an op- states and District of Columbia. NASFM’s creasing the risk of fires during refueling portunity to discuss proposed emissions con- mission is to protect life, property and the and fires from retained grass clippings after trol requirements for outdoor power equip- environment from fire and other hazards. We the equipment is parked in the garage. ment with the appropriate CARB staff to receive virtually all of our resources from NASFM remains very concerned that the learn more about the proposed requirements state and federal government sources, al- requirements adopted by the CARB Board at and their implications on consumer product though we pride ourselves on the many pro- its September 25 Hearing cannot safely be safety. Hugh McLaurin, the Director for En- ductive relationships with industries that met, particularly by the relatively small, un- gineering Sciences at the CPSC, will contact share our commitment to public safety. sophisticated equipment manufacturers that the appropriate authority at CARB to ar- First, I wish to thank you for giving seri- dominate the lawn and garden industry. Con- range further discussions. ous consideration to serving as a sponsor of sequently, NASFM’s suggested safety study Sincerely, the American Home Fire Safety Act. This is needed more than ever to accurately de- JACQUELINE ELDER, legislation has the potential to save two termine how much heat catalysts will gen- Assistant Executive Director. lives a day from the leading causes of fire in erate; whether the added heat from a cata- the home. As you know, I have lost family lyst exhaust system can safely be mitigated NATIONAL MARINE members in a fire involving the products through heat shielding; and how much pres- MANUFACTURERS ASSOCIATION, contained in this bill. It would mean a lot to surization a fuel tank can safely withstand. Washington, DC. the Missouri fire service if you would help in NASFM also is concerned that other states Hon. KAY BAILEY HUTCHISON, this worthy effort. are likely to ‘‘opt into’’ the California pro- U.S. Senate, Russell Building, But just as we seem to conquer one fire gram if they are authorized by U.S. Environ- Washington, DC. safety challenge, others take their place. We mental Protection Agency (U.S. EPA) under DEAR SENATOR HUTCHISON: The National are especially concerned that a proposed Section 209(e) of the Clean Air Act. Because Marine Manufacturers Association (NMMA) California environmental regulation might of fundamental unresolved safety issues, the is the nation’s largest recreational marine move forward nationally and create a signifi- U.S. EPA must ensure that consumers across trade association representing manufactur- cant threat to the safety of people, property the country are adequately protected as re- ers of recreational boats, marine engines and and the environment.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.004 S12PT1 S14470 CONGRESSIONAL RECORD — SENATE November 12, 2003 The issue is whether we have a sufficient National Association their regulations. I don’t want to be understanding of how air emissions require- of State Fire Mar- the one to go home and tell our work- ments for the small engines used with lawn- shals. ers we are sending their jobs to China. mowers, snow-blowers and other small-en- Mr. BOND. Madam President, in the I don’t want to tell our families they gine outdoor power equipment might affect face of all of these concerned safety the number and severity of fires in residen- cannot have a breadwinner earning a tial garages and in rural communities most groups, I asked California to provide good living in those factories. We want affected by wildland fires. We do not regard any kind of evidence or any kind of to tell communities that we will not these potential fire hazards to be more im- testing or any kind of analysis that cripple their tax base, their school sys- portant than air quality, but they certainly these safety concerns were not true. tems, and cripple their services. We are no less important. They could not. will protect the environment. We will We stand ready to work with you, the envi- CARB failed to provide safety data or protect public safety and the jobs. ronmental protection authorities and the testing results using test procedures I urge my colleagues to support this manufacturers of these products to deter- approved or witnessed by safety efforts. amendment. mine a common-sense approach to a complex CARB failed to provide any data test- series of questions about how best to have I yield the floor. outdoor power equipment that is safe and ing or analysis of the danger of liquid The PRESIDING OFFICER. The Sen- clean. This is an attainable goal if we work or vapor fuel released from a pressur- ator from North Carolina. together. ized tank used to comply with the rule Mr. DORGAN. Madam President, as a Most recently, the California Air Re- lighting on fire after coming in contact member of the Appropriations Com- sources Board (CARB) has proposed air emis- with superheated catalytic converters mittee, let me compliment my col- sion rules for these purposes. In cooperation used to comply with the rule. league from Missouri and my colleague with the California Fire Chiefs Association, CARB admitted that grass clippings from Maryland, the chair and ranking and after consultation with the outdoor can ignite if they come into contact member of this subcommittee. They power equipment manufacturers and others with surfaces above 518 degrees Fahr- with knowledge of these issues, NASFM have offered the Senate a good piece of urged CARB to give greater consideration to enheit. CARB failed to provide any legislation. While there may be some fire safety. While CARB acknowledged the data showing that the shields were ca- areas for discussion where we might concerns, the proposed rule does not. pable of protecting against tempera- have some disagreements about one The scenario is not hard to imagine—espe- tures of 1,026 degrees Fahrenheit. They level or another that has been pro- cially given the many garage and wildland admitted they failed to conduct stand- posed, by and large, Senator BOND and fires that take lives, destroy property and ard testing applied to all internal com- Senator MIKULSKI have done an excel- spoil the environment every year. The CARB bustion engines. This is a problem relent job bringing this appropriations has not adequately examined the probability quiring us to act to solve it. subcommittee bill to the Senate. I ap- of increased gasoline leakage of the pressur- We are being asked to do something ized fuel tanks its rule will require. Nor has preciate their work. CARB considered the very high temperatures to protect 22,000 jobs, 3 manufacturing The amendment just offered will emitted by catalytic converters its rule will plants being moved to China. My provi- spark some significant debate this mandate. sion would enable those jobs to stay in morning. I believe my colleague from Regulators have lost so much credibility the United States. We are asking to Idaho is also preparing to offer an over the years by forcing people to do illogi- prevent the risk of burn, fire, and ex- amendment, and my hope is to be in- cal things. The combination of leaking fuel plosion to millions of consumers, fires volved in that discussion when my col- tanks and high temperatures is not some- in our homes and in our wildlands. The league from Idaho offers his amend- thing we wish to introduce into a residential provision to have EPA do a national garage with a gas water heater, discarded ment this morning. newspapers and rags, and combustible paints rule instead of California will ensure I would like to make a comment and solvents. Nor do we wish to see such that national environmental issues are about another appropriations bill we power equipment left idle for even a minute met and that it will take into concern will be dealing with this afternoon. I on top of combustible vegetation. The forest issues such as the safety in achieving don’t want to be in violation of the fires that consume hundreds of thousands of the pollution reductions we need. rule. acres and scores of homes can be ignited by I made several changes in my amend- The PRESIDING OFFICER. Without a single, discarded cigarette. This could be ment to address Member concerns. We objection, it is so ordered. far worse, and for that reason we have alert- made it clear that this would not have TRANSPORTATION/TREASURY APPROPRIATIONS ed the United States Department of the Inte- CONFERENCE rior to look into this matter. prevented their States from regulating As we understand the process, the CARB existing or end-use engines. We made it Mr. DORGAN. Madam President, this may proceed if it receives a federal waiver clear this provision only applies to new afternoon at 5 o’clock, the Transpor- from the United States Environmental Pro- engines. Some Members thought the tation, Treasury, and General Govern- tection Agency (US EPA), and that such initial language would prevent States ment appropriations conference will waivers may be granted with little oversight. from regulating diesel engines. We meet. I am one of the conferees on that Once a waiver is granted, other states are have specified these are limited to conference. We meet at 5 o’clock this likely to follow the CARB’s lead. Even with spark-only engines. They do not cover afternoon. the federal government’s help, we cannot diesel engines because the State of In the appropriations bill that comes purchase enough fire apparatus and equipment or train enough firefighters to protect California could continue to regulate from both the House and the Senate to the public from the fires we now have. Pre- them, and we have also seen that the that conference at 5 o’clock this after- vention is the only answer. Creating new EPA has issued regulations with re- noon, there are provisions that deal hazards—through regulation, no less—is un- spect to diesel engines. with travel to Cuba. I mention that be- acceptable. Some Members were concerned that cause something important will happen We will appeal directly to US EPA to give the original language would prevent today. We have identical amendments this matter very serious attention, but we their State from regulating mid- and in the House and the Senate bills that would encourage you to use your good offices large-sized engines such as airport prohibit the enforcement of the provi- to encourage the US EPA to use this opportunity to protect the environment and tugs, forklifts, and cranes. We have no sion that prohibits travel to Cuba by human life from residential and wildland intention of limiting those. The the American citizens. No money in fires in the future. NASFM is not against amendment specifically applies only to the bill shall be used to enforce that states’ acting to protect the environment small engines under 50 horsepower. travel ban. from harmful emissions. These are numerous changes that are I am particularly interested in this However, these fire safety issues will be a well worth saving 22 manufacturing because, for example, the Treasury De- factor no matter where such measures are jobs. We will protect the environment. partment earlier this year denied a li- considered, and they are best dealt with on a We are providing the air quality im- cense to the Farm Bureau and other national level for the benefit of all. provements to all 50 States. We are Best personal regards, farm organizations to help organize a WILLIAM FARR, protecting public safety by assuring trade show in Cuba to promote the sale Missouri State Fire that the concerns of all of the safety of U.S. agricultural products. Marshal, and interested groups I have indicated are I find that unfathomable. Why would BOARD OF DIRECTORS, taken into account by EPA in issuing we want to prohibit the promotion of

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.007 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14471 the sale of U.S. agricultural products issued a new license that allows the Cuban marketplace. We did not open it to Cuba? Cuba must pay cash for those Disarm Education Fund to resume very wide, but we opened it. products they have been purchasing some of its programs in Cuba. However, Last year, for the first time in 42 from our country because of an amend- the new license specifically prohibits years, 22 train carloads of dried peas ment I was involved in getting passed this organization’s doctors from train- left North Dakota to go to the Cuban that allows U.S. companies to sell agri- ing Cuban doctors. Do you know why? people. Cuba paid cash for it. Our farm- cultural products to Cuba. There was a Because OFAC says training of Cuban ers were able to sell into the Cuban 40-year embargo, but we are now able doctors in this very intricate surgery marketplace. Good for them. to sell in Cuba. But inexplicably, the constitutes an export of service to But this issue of travel and denying farm organizations, including the Farm Cuba. farm organizations, including the Farm Bureau, were denied a license to go to So they can now go down and per- Bureau, the right to go to Cuba to pro- Cuba to promote the agricultural sales. form this surgery on Cuban children. It mote food sales is just unbelievable. That makes no sense to me. I hope we is very intricate surgery. They can per- There are times, not very often, but will have people who think more clear- form the surgery, but they cannot have there are times when I am profoundly ly about that. a Cuban doctor around to be trained embarrassed by the actions of this Gov- What prompted me to talk about it because OFAC recently decided that ernment. Yesterday was one of them, this morning is a visit I had yesterday educating Cuban doctors is illegal. when this young lady came to see me from a young woman who came to talk What in the world is this Administra- to say: I am really concerned and upset to me about a problem she has. I am tion thinking? about this because I went to Cuba to going to show a picture of the young Mr. CRAIG. Will the Senator yield? distribute free Bibles, and now my Gov- woman. Her name is Joni Scott. She Mr. DORGAN. I will be happy to ernment is slapping me with a $10,000 went to Cuba 4 years ago. She is from yield. fine. Indiana. She went to Cuba 4 years ago, Mr. CRAIG. On the legislation that That is an unforgivable policy, in my and she distributed free Bibles in Cuba. became law a couple years ago, with judgment. But it is not just her. It is She and a group of folks from her your backing and my backing, that is not just this young lady who thought church traveled to Cuba to distribute that agricultural goods and medical she was doing the world some good, and free Bibles. Last month, 4 years later, supplies could be traded and sold to clearly she was. She was pursuing her she received from the U.S. Government Cuba without United States taxpayer faith and her interest in distributing a fine of $10,000 for having traveled to credit, maybe we need to add the words Bibles to the Cuban people. Cuba to distribute free Bibles. and ‘‘related medical services.’’ There is so much more than just her. Yes, that is right, the Office of For- That is really picking the flyspecks I mentioned the doctors who have been eign Assets Control at the Department out of the pepper here down at the De- denied the opportunity to travel to of the Treasury tracked her down. It partment of the Treasury. Shame on Cuba to do this intricate facial surgery took them 4 years. I don’t know why it them for standing in the way of a hu- on Cuban children and to train Cuban took 4 years. They tracked her down manitarian effort to make kids doctors to do the same surgery. Now, and said: For the act that you have healthier. after 6 months, they are able to go do committed, traveling to Cuba to dis- But behind you is the picture of Miss the surgery, but they are not able to tribute free Bibles, we will fine you Scott. She also visited my office yes- train the Cuban doctors because that is $10,000. terday. I must say to this administra- the prohibited export of a service to I have written to the Department of tion: Do not fight us on this issue. We Cuba. Again, that is an embarrassing Treasury saying this does not make are giving you the right way out. The decision on the part of this Govern- any sense. Is there no reservoir of com- House and the Senate, in a strong bi- ment. mon sense there, or at least some level partisan voice—the loudest and the But let me just describe a couple below which they will not sink? Fining strongest vote we have ever had here more, if I might. somebody $10,000 for distributing free on the floor of the Senate—said: Let’s This young lady is named Joni Scott. Bibles in Cuba, what on Earth are we begin to back away from this travel She traveled to Cuba, as I said, 4 years thinking about? This woman went with embargo with Cuba. It does not work ago. It took them 4 years to track her a church group to distribute Bibles free any longer. It is a 40-year-old failed down. of charge to the Cuban people. Now she policy. Now you are being arbitrary. Cevin Allen, from the State of Wash- is being tracked down by our Govern- Now you are being selective. We ought ington, wanted to bury the ashes of his ment and levied a $10,000 fine. It makes to get away from that. father, who was a Pentecostal minister no sense. So I hope this afternoon in con- in prerevolutionary Cuba. He died, and I also was contacted recently by an- ference the House and the Senate’s bi- his last wish was that his ashes would other organization, the Disarm Edu- partisan voice is heard. Frankly, the be buried on the church grounds where cation Fund. They donate medicine and administration ought to view it as a he served in Cuba. Well, his son, true to medical supplies to Cuban health clin- gift. We are not abolishing the law that the faith in his father, took his ashes ics. But more importantly, they send puts in that embargo. We are simply to Cuba to bury them, and what hap- United States doctors to Cuba to teach disallowing the expenditure of levying pened to him was he received a notice advanced medical techniques to Cuban a $10,000 fine against a woman passing from the Federal Government. They doctors. One of their projects involves out Bibles because she trafficked were fining him $20,000 for taking the a procedure called something called through Canada and did not fill out the ashes of his dead father to be buried on mandibular distraction, building new right form. That is what we are doing. the church grounds where he served as jaws for kids born without jaws. This is Let OFAC track down drug traf- a minister in prerevolutionary Cuba. highly technical surgery. They have fickers and terrorists and leave Ms. Marilyn Meister was a 72-year-old been not only doing this for children Scott alone. That is what we ought to Wisconsin schoolteacher. She bicycled but teaching Cuban doctors the tech- be about. Somehow this has gotten in Cuba. She received a $7,500 fine. niques of this intricate surgery. very confused and very skewed. I have shown the picture previously This year, Disarm had to discontinue I thank the Senator for bringing up of Joan Slote, whom I also know. She its programs because OFAC at the this point. Please prevail in conference is a Senior Olympian. She bicycles all Treasury Department would not renew this afternoon. around the world. She is in her the license they had held since 1994. Mr. DORGAN. Mr. President, the midseventies. She went with a Cana- This went on for 6 months and they Senator from Idaho was part of a dian bicycle group to take a bicycle could not go to Cuba to help these chil- group, a bipartisan group, in the Sen- trip to Cuba. She was fined $7,630. I said dren by distributing medicine and by ate. Then-Senator John Ashcroft, for to OFAC: You ought to be embarrassed performing intricate surgery and teach example, was also a key part of that about that. OFAC then reduced her fine and train Cuban doctors. group. We changed the law with respect to $1,900, and she paid it. I don’t think On October 17, less than a month ago, to trade with Cuba so that we could she should have, but she paid it. Then after 6 months of consideration, OFAC sell agricultural products into the she got a note from the Department of

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.018 S12PT1 S14472 CONGRESSIONAL RECORD — SENATE November 12, 2003 the Treasury, after she paid it, that let them threaten. I believe very adopt the California standards or not. they were going to garnish her Social strongly, as my colleague from Idaho The right of States to regulate small Security, and they sent a collection just suggested, that we ought to hold engines would quickly be taken away if agency after her because, they said: tight on this provision in conference the Bond provision is allowed to re- Well, we never received it. She had the this afternoon. main in this bill. Mr. President, indi- canceled check. My intention of bringing this up now, vidual States should have the right to It is one thing for an agency to be in- and describing this young lady and her regulate these small engines as they competent; it is another thing for it to experience, is to ask my colleagues choose. make fundamentally bad judgments again: Let’s do the right thing. Let’s That is what States rights is all about what it is going to do with its not be embarrassed by actions of the about. Many States have benefitted time. OFAC’s should be chasing terror- Government that fine the American from the process established in section ists, not visitors to Cuba. people for traveling someplace to dis- 209, and California’s regulations often This is not a Republican or a Demo- tribute free Bibles. That is outrageous, serve as models for the rest of the Na- crat issue; this went on under Demo- and it has to stop. tion. The small engine provision would cratic administrations as well, al- Madam President, I yield the floor. amend section 209 and remove impor- though I must say it has been The PRESIDING OFFICER. The Sen- tant rights from States. I oppose using ratcheted up—over double the effort— ator from California. the appropriations process to take under this administration. And the Mrs. FEINSTEIN. Madam President, away States rights under the Clean Air President just announced, a month I rise to respond to the comments made Act. This kind of change to a major ago, on October 10: I have instructed by the Senator from Missouri, the law like the Clean Air Act deserves a the Department of Homeland Security chairman of the committee, in placing full debate, hearing, and review in the to increase inspections of travelers and legislation, a rider, if you will, into the Environment and Public Works Com- shipments to and from Cuba. He said: appropriations bill. mittee. It has had none of the above. It is important for all of my col- We will also target those who travel to If ever there was a special interest leagues to understand that one com- Cuba illegally through third countries. provision in an appropriations bill, this pany is behind this so-called small en- He talks about using the investigative is the mother and father of such a gine provision. We are having this de- capability of the Department of Home- rider. I rise in opposition to what is called the small engine provision in the bate simply because Briggs & Stratton land Security to track down American disagrees with a recently adopted Cali- travelers so we can levy fines against 2004 VA–HUD appropriations bill. I note that the Senator from Missouri fornia regulation which, incidentally, them. does not go into effect for another 5 My colleague from Idaho is right. It did not send to the desk an amendment years. I will explain why that becomes is ludicrous for OFAC to be tracking he plans to introduce to change the un- relevant later. derlying amendment that was intro- down some young woman who has dis- On September 25 of this year, Cali- tributed free Bibles in Cuba, so we can duced in the Appropriations Committee fornia adopted a regulation reducing levy a fine. This is not, in my judg- markup. So I am going to try to ad- emissions from off-road engines small- ment, injuring Fidel Castro. This pol- dress both pieces of legislation and in- er than 25 horsepower, mainly lawn and icy is attempting to take a slap at dicate my opposition to both. Although garden equipment. This is the inter- Fidel Castro, and it injures Americans the amendment that he says he is esting thing: This regulation is the and their right to travel freely. going to introduce is better than the equivalent of removing 1.8 million I hope this afternoon, at 5 o’clock, language in the underlying bill, it is automobiles from California’s roads by when we go to this conference, with the still unacceptable because it would ef- 2020. That is how big an item this is in identical provisions coming from the fectively block any State regulation of my State. Once again, let me make it House and the Senate, that my col- small road engines anywhere in Amer- clear that we are talking about the leagues, Republicans and Democrats, ica. This provision was inserted into equivalent of 1.8 million automobiles. will support this policy of allowing the chairman’s mark at the request of But the issue here is not whether we travel to Cuba. a single engine manufacturing com- should support any particular regula- We long ago concluded with China, a pany, Briggs & Stratton from Missouri. tion from the California Air Resources Communist country, and Vietnam, a As originally written, the underlying Board. The issue is whether we should Communist country, that trade and bill would effectively preempt any permanently take away States rights travel and engagement is a construc- State regulation of pollution from off- to regulate these engines, period. tive way to move forward. I believe road engines smaller than 175 horse- Briggs & Stratton is using opposition that. I believe that is true with Cuba. power. I understand the Senator from to a single California regulation to The only voice Cubans hear is Fidel Missouri now wants to narrow his pro- block every State’s efforts to regulate Castro’s voice. I would much prefer vision to block any regulation of spark these engines anywhere in the future. I they hear the voice of this young lady engines under 50 horsepower and not do not believe we should take such im- who travels to Cuba to talk to them include diesel engines. This new provi- portant changes to the Clean Air Act about her faith and to talk to them sion is better but, as I said, still unac- lightly, especially when such changes about the Bible. I would much prefer ceptable. have been included in an appropria- they hear the voice of thousands and Since the beginning, section 209 of tions bill without having adequately thousands of tourists who tell the Cu- the Clean Air Act has recognized that looked at the crucial stakes involved. bans what is happening in the rest of States, with extraordinary or extreme Briggs & Stratton has made a series the world. The Cuban people deserve pollution, need flexibility to reduce of arguments in opposition to the Cali- that. That is the quickest and the most pollution and protect public health. A fornia regulation. We heard the Sen- effective way, I believe, to effect a California law actually served as the ator from Missouri say the regulation change in the Government in Cuba. model for the original Clean Air Act. I would force the company to close So at 5 o’clock this afternoon, in the think that is interesting. As a result, plants, threaten thousands of Amer- conference of Transportation-Treasury the Clean Air Act has always allowed ican jobs, and for jobs to be moved to Appropriations bill, we will be making California to set its own standards for China. I don’t know how the Senator a very important decision, and because some sources of pollution. Later from Missouri knows that they would there are identical provisions in both changes in the law allowed other move jobs to China unless Briggs & the House and the Senate bills which States to adopt the California stand- Stratton have told him that is what will prohibit the enforcement of this ards, if they so chose. they plan to do. travel ban in the future, I hope the The 1990 Clean Air Act amendments At the very same time that Briggs & conference will keep those provisions. gave California the right to regulate Stratton is lobbying this Senate to pre- But the White House, as they have emissions from off-road engines small- empt California regulations, the com- done in other areas, threatens a veto. I er than 175 horsepower, except for agri- pany was telling the Securities and Ex- do not think they would veto this ap- cultural and construction equipment. change Commission an entirely dif- propriations bill over this issue. But So other States are currently free to ferent thing. On September 11 of this

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.021 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14473 year, while lobbying the Senate in sup- is essentially showing that Briggs & Association of Fire Chiefs in the port of the small engine provision, Stratton really is an isolated company RECORD. That letter expressed concerns Briggs & Stratton filed their annual 10– asking for this. By so asking for it, about the proposed California regula- K report with the Securities and Ex- they are going to cause additional tion. I take these concerns very seri- change Commission. Here is what they costs to other industries. So I hope to ously. The last thing I want to do is in- say in their report: make that argument now. crease the risk of fire. So we need to While Briggs & Stratton believes the cost Last month, the Outdoor Power make sure these engines are safe, and of the proposed regulation on a per engine Equipment Institute, the small engine the regulation has 5 years to make ad- basis is significant, Briggs & Stratton does industry’s leading trade group of which justments before it goes into effect, not believe that the [California Air Re- Briggs & Stratton is a member issued a sources Board] staff proposal will have a ma- ample time to make such changes as terial effect on its financial condition or re- press release which said that the indus- replacing heat shields and doing what- sults of operations, given that California rep- try’s input into the adopted regulation ever else is necessary to ensure these resents a relatively small percentage of made the regulation acceptable. This engines are fire safe. Briggs & Stratton’s engine sales and that in- press release details the concessions There is apparently some creased costs will be passed on to California made by the State and said that the miscommunication between the fire consumers. Air Resources Board largely adopted chiefs and the Air Resources Board. I So point 1, California is just a small the industry’s counterproposal. In have just received a letter dated No- part of the Briggs & Stratton market. other words, the industry trade coun- vember 11. I want to read from this let- Point 2, it will not affect the financial cil, of which Briggs & Stratton is a ter: viability of that market. And point 3, member, had their counterproposal The fire safety issues we raised [and that they would only pass on the costs of adopted by the State Air Resources would be the November 6 letter that Senator retrofitting these engines to whomever Board and yet Briggs & Stratton is Bond printed in the Record] need more at- would buy it, something that is fairly still opposing the action. tention and require independent assessment typical. Now why all this talk about I quote the release: before engineering and production decisions moving 22,000 jobs to China if, in fact, are made [which they have not been up to For the past 2 years, the Outdoor Power this time]. In our most recent discussions what they said on their SEC statement Equipment Institute has been working is correct? The SEC statement is the with [the Air Resources Board], they support proactively with the staff of the California the idea of an independent study, and have be-all-and-end-all for a company’s in- Air Resources Board to improve proposed proposed moving forward with a study, much tegrity and credibility. catalyst base exhaust standards for real the same as what is now underway with cata- If you lie on your SEC statement, problems. lytic converters being used in marine appli- you get into a lot of trouble with the The press release goes on to say: cations. We enthusiastically support this Securities and Exchange Commission. In direct response to the Outdoor Power idea, and will be working closely with [the Section 209 of the Clean Air Act gives Equipment Institute’s advocacy, the Cali- California Air Resources Board], the State California the right to regulate these fornia Air Resources Board unanimously Fire Marshal, and the U.S. Environmental engines. The company is free to pass adopted on September 25 a modified frame- Protection Agency to ensure that all fire along these costs to Californians. My work which, one, relaxes the stringency of safety concerns are addressed. We wish to State will accept those costs because the California Air Resources Board’s staff’s make clear that we regard fire safety and en- we need cleaner air. As far as I am con- proposed tier 3 exhaust standards and, sec- vironmental quality as being equally important, and wish to make it clear that we sup- cerned, this is the way regulations ondly, substantially improves the overall general framework for the still-to-be-defined port without reservation the air quality should work. evaporative regulations. goals of the proposed requirements. We sup- Since we brought the annual report I ask unanimous consent that the port the regulation moving forward as we to the attention of the public, Briggs & have received assurances from CARB [the Stratton has argued that the annual text of the Outdoor Power Equipment California Air Resources Board] that our report was simply discussing the com- Institute’s press release be printed in safety concerns will be addressed through pany’s bottom line and that sending the RECORD at the conclusion of my re- this independent study. jobs overseas would not affect the bot- marks. So I think the concerns of the Sen- tom line. But that is not what the com- The PRESIDING OFFICER. Without ator from Missouri are a bit overstated pany’s annual report says. The report objection, it is so ordered. in view of the fact that the fire chiefs, says, again, California is but a small (See exhibit 1.) the fire marshal, and anyone else will share of the Briggs & Stratton market. Mrs. FEINSTEIN. Additionally, I work closely with CARB in the ensuing Increased costs will simply be passed have a September 26, 2003, letter from 5 years to correct any safety problems along to California consumers. It does Alan Lloyd, the chairman of the Cali- that might exist. The letter goes on, not say that any increased costs will fornia Air Resources Board, to the Sen- and this is important: ator from Missouri, detailing revisions force jobs overseas. Finally, we understand that, as a separate So Briggs & Stratton is telling the that were made to the regulation. Re- matter, the Senate is debating the question Securities and Exchange Commission ferring to the modified regulation, Mr. of whether States are free to develop safety that everything is fine and at the same Lloyd states as follows: and environmental standards. We were never time telling the media, the public, and I believe the action taken by the Air Re- asked to comment on this matter but, for this body that the sky is falling. sources Board is a win/win situation. We the record, we do not support legislation Senator BOXER and I have asked the achieved our emission reduction goal. The that would interfere with a State’s ability to Securities and Exchange Commission adopted regulation, based on an industry protect its own citizens. To the contrary, we to investigate whether Briggs & Strat- proposal, will reduce costs, simplify compli- have had to count on the State of California to develop fire safety standards for uphol- ton has broken any securities laws by ance and avoid job losses. So the Air Resources Board took the stered furniture, mattresses and bedding, be- telling such drastically different sto- cause the Federal Government has failed to ries. We are still waiting for a re- industry’s proposal, the industry asso- do so. The issues of air quality, as they response. ciation of which Briggs & Stratton is a late to outdoor power equipment, can be ad- In terms of jobs, my colleagues member. That is why this thing is so dressed, and I believe that working closely should also know that Briggs & Strat- unfair. with the Air Resources Board, we will find a ton’s SEC report is referring to the I ask unanimous consent that the solution that will provide a high degree of original regulation proposed by the Air text of this letter from Mr. Lloyd to fire safety while maintaining the Board’s Resources Board. Since the SEC report the Senator from Missouri be printed goals for air quality. was filed, the California Air Resources in the RECORD following my statement. I would like to work with the Sen- Board has continued to work with the The PRESIDING OFFICER. Without ator from Missouri, the Air Resources industry to modify the regulation to objection, it is so ordered. Board, fire safety officials, and the correct fire safety concerns and to re- (See exhibit 2.) small engine industry to make sure the duce costs, and I believe they will get Mrs. FEINSTEIN. Briggs & Stratton California regulation is fire safe. We there. They have 5 years to do so. also raised concerns about fire safety. have 5 years do so. It is possible to do Madam President, what I am going to The Senator from Missouri has placed so. But what we cannot do is take away be doing in this portion of my remarks a November 6 letter from the California the State’s rights to be concerned

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.023 S12PT1 S14474 CONGRESSIONAL RECORD — SENATE November 12, 2003 about its citizens, and that is exactly that is not telling the truth on its SEC What does this mean? This means what Senator BOND is trying to do. statement. These off-road engines are that every oil refinery will have to He gives jurisdiction, for the regula- also among the least regulated and have tough requirements and that tion of small engines, to the EPA. dirtiest engines around. every utility will have to have tough What the fire chiefs have just said is According to the California Air Re- requirements. The cost of gas will rise, the EPA has refused to move on areas sources Board again, operating the av- and the cost of energy will rise. Every such as bedding and other areas which erage gas-powered lawnmower for just stationary source, if we can’t tackle cause fires, so the State has had to do 1 hour produces as much pollution as this area because it is so big, will have it for themselves. driving a car for 13 hours. I would haz- to have their standards tightened. States rights are a major part of this ard a guess that no one in this Senate This is all for one company. Every issue and I thought these rights were knew that operating a lawnmower for 1 other company that makes small en- part of everything we believed in—let- hour produces as much smog as oper- gines has said they can comply, except ting a State, where it can, regulate for ating a car for 13 hours. Keep in mind one company in Missouri that says in itself. Again, I think it is unfortunate that the lawnmower is only about 5 their SEC report, no problem, and that Briggs and Stratton is using safe- horsepower and the car engine is far comes here and says, we are going to ty concerns about a single regulation larger. move our jobs to China. A whole series to block all future efforts to reduce Even running a small string trimmer of companies will be disadvantaged, pollution from these engines in any for an hour produces as much pollution but one Missouri company will suffer State. as driving a car for 8 hours. Again, I no financial consequences. Let me tell you why this is so big for hazard a guess that no one in this Sen- I ask unanimous consent that the California. We have the worst air qual- ate knows that operating a small full text of this September 25 letter ity in the Nation. We have seven ozone string trimmer for an hour produces as from the Environmental Council of nonattainment areas. That is more much pollution as 8 hours of driving a States be printed in the RECORD fol- than any other State. Los Angeles is car. The bottom line: These are very lowing my remarks. the Nation’s only extreme ozone non- dirty engines. The PRESIDING OFFICER. Without attainment area. The San Joaquin Val- California is already struggling to objection, it is so ordered. comply with national air quality ley is not far behind. This year has (See exhibit 3.) standards. We need every industry to been the worst year for smog in south- Mrs. FEINSTEIN. Mr. President, the do their fair share. According to the ern California since 1997, and the San debate over the small engine provisions Air Resources Board, the State has to Joaquin Valley is in a similar situa- is focused on California for this point. reduce emissions from these engines in tion. But it is also clear that the effects go This pollution has severe con- order to achieve compliance with na- far beyond California. sequences for public health and for our tional air quality standards. In other economy in California. Let me tell you words, if California is not allowed to Remember that under the Clean Air what the Air Resources Board says will proceed with the regulations they put Act, once California passes the regula- be the result of the efforts of the Sen- forward on September 25, we will be tion, other States can then replicate ator from Missouri. They say Senator violating clean air standards. What that to any degree they so choose. This is where it begins to affect a number of BOND’s provision could lead to 340 pre- happens if we do it? What happens is mature deaths per year in California that California loses $2.4 billion in other States. The small engine provi- due to deteriorating air quality. highway transportation moneys. That sion in the VA/HUD appropriations bill I believe States with serious pollu- is how important this issue is for the is a problem for every State and for tion problems need to be able to reduce State of California and that is how das- every Senator who believes individual emissions wherever possible. This tardly this amendment—an authoriza- States should be able to adopt their small engine provision would place a tion on an appropriations bill—really own rules and regulations on issues very important source of pollution off is. such as these. States with serious pol- limits to State regulation. California cannot afford to remain lution problems include Texas, Ten- I understand a modifying amendment out of compliance with national stand- nessee, Pennsylvania, Illinois, North is going to be introduced on behalf of ards. We also can’t afford to take tools Carolina, New York, New Jersey, Mary- Senator BOND that will change the cur- away from States that are in this situ- land, and many others know they need rent bill language, which currently ation. If we can’t reduce emissions to be able to reduce pollution from blocks the regulation of off-road en- from off-road engines, then we will every possible source. Some States gines smaller than 175 horsepower. All have to cut pollution from other have already moved forward with regu- told, these engines alone emit as much sources. What does that mean? Other lations affecting off-road engines. pollution as 18 million automobiles. sources are already facing heavier reg- This legislation—the underlying bill, Can you believe that? Small off-road ulation, so cutting their pollution will as well as the amendment that we un- engines are emit as much pollution as be more expensive and place more bur- derstand will be sent to the desk short- 18 million automobiles. That is a big den on other industries. ly—will cut this off, remove the right number for California and any reduc- On this point I would like to quote a from a State and give it to the EPA tion in this pollution would benefit September 25 letter from the Environ- that historically has been a slow mover California greatly. mental Council of the States. That is in this area. The narrower version of this provi- an organization that represents envi- According to the associations rep- sion, which has yet to be introduced ronmental agencies in all 50 States. resenting State and local pollution but I trust will be, would still block Let me read what they say: control officials, the original version of State regulation of spark engines Removal of this ability to regulate a sub- the small engine provision would have smaller than 50 horsepower, which rep- stantial part of a State’s inventory, means blocked the current program in seven resents the majority of small engines that States will have to obtain reductions States—Alaska, Connecticut, Massa- that exist and operate in my home from the stationary source area [key, from chusetts, Nevada, Texas, and Wis- State. According to the California Air the stationary source area], an area that is consin. already heavily regulated at substantially The 175-horsepower engine would also Resources Board, engines under 50 higher cost. Businesses facing global com- horsepower emit as much pollution as 4 petition will opt to either shift work to off- block programs in at least eight States million cars, just in California. This is shore facilities or to simply close, with con- that are considering future regula- more than 100 tons of smog-forming comitant negative consequences on the local tions: Alabama, Illinois, Nebraska, pollutants per day in my State alone. and national economy. New Jersey, Pennsylvania, South Caro- The modifying amendment that we It is critical that this language be lina, Tennessee, and Virginia, in addi- understand will be sent to the desk will eliminated from the HUD–VA appro- tion to the District of Columbia. essentially mandate 1,500 more tons of priations bill. The States recognize this threat to smog-producing pollutants a day in This is the environmental council to their rights. I have already quoted a California—all to benefit one company which every State belongs. letter from Environmental Council of

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.026 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14475 the States. We have also received let- contribute to ozone and fine particulate mat- lution problems need to be able to set ters in opposition to the Bond provi- ter pollution. They pose a threat to public strong standards to protect public sion from the National Conference of health and to state achievement and mainte- health. The hard-fought 1990 Clean Air State Legislatures, the Southeastern nance of national ambient air quality stand- Act amendments give the States the ards for ozone and particulate matter. State Air Resources Managers rep- NCSL strongly believes that federal envi- ability to regulate these off-road en- resenting State air pollution control ronmental policy should be addressed in sub- gines. agencies in Alabama, Florida, Georgia, stantive committee deliberations and not With respect to the California regula- Kentucky, Mississippi, North Carolina, made through riders to appropriations bills. tion, I will work with fire officials, air South Carolina, and Tennessee, and the The amendatory language in S. 1584 would resources boards, the industry, and the associations representing State and strip states of long-standing authority to ex- Senator from Missouri to ensure that local air pollution control officials ceed federal standards. It compromises state the final regulation is safe. But I be- from all 50 States. and local government capacity to determine lieve it is clear that this should not be I ask unanimous consent that the the most effective means to address specific air pollution problems. It also has implica- a debate about a specific State regula- letters from these organizations be tions for agriculture and natural resource tion. That is our problem. We will han- printed in the RECORD. management none of which are addressed dle it. California is entirely able and There being no objection, the mate- through the use of an appropriations rider. capable of handling this problem. We rial was ordered to be printed in the The Clear Air Act appropriately recognizes don’t need someone else to tell us what RECORD, as follows: that states are best suited to determine to do. which sources, including off-road equipment SOUTHEASTERN STATES AIR This is a debate about making sure and engines, contribute most significantly to RESOURCE MANAGERS, INC., air pollution and which strategies are most the States have the flexibility nec- Forest Park, GA, November 20, 2003. essary to protect the public health. Re Bond Provision of S. 1584—Fiscal Year effective in addressing pollution-related problems. I again urge your support of It is hard for me to understand why 2004 VA, HUD and Independent Agencies anyone would do this on an appropria- Appropriations Bill. amendments that strike the aforementioned off-road provision from S. 1584. Thank you tions bill when the consequences are so Hon. ZELL MILLER, for your consideration of NCSL’s concerns. dire, with over 300 premature deaths Dirksen Senate Office Building, Sincerely, Washington, DC. likely to be caused by worsening air WILLIAM POUND, DEAR SENATOR MILLER: Southeastern pollution, or if the State moves to fur- Executive Director. States Air Resource Mangers, Inc. ther tighten stationary sources and (SESARM), representing the directors of the Mrs. FEINSTEIN. Mr. President, the really send a whole magnitude of com- southeastern state air pollution control States also propose compromise lan- panies offshore. agencies in Alabama, Florida, Georgia, Ken- guage that would still place some of I don’t think in an appropriations tucky, Mississippi, North Carolina, South these engines off limits. To quote the bill we should take well-earned States Carolina, and Tennessee, is writing this let- letter from the Southeastern States rights away from every State in this ter to encourage your support of the removal Air Managers: of a provision introduced by Senator BOND in Union to benefit one company. Remem- Please note that other compromise amend- S. 1584, the Fiscal Year 2004 VA, HUD and ber, every other manufacturer of small ments which fall short of fully restoring sec- Independent Agencies Appropriations Bill. engines is going along with what Cali- tion 209(e)(1)(a) are, in our opinion, unaccept- The provision would amend Section fornia is doing. They have all said they able and will constrain States as discussed 209(e)(1)(A) of the Clean Air Act to curtail above. This association and your State air could do it. They have all said they state’s authority to reduce emissions from pollution control agencies would appreciate could adapt these standards into their diesel and gasoline off-road equipment and your support of removal of the Bond amend- manufacturing. They have all said they engines. While Senator Bond’s proposed provision ment from S. 1584, the HUD VA appropria- could change. They have all said they regarding the off-road engines apparently tions bill. can add adequate heat shields. was intended to address rules adopted only Many other States are just beginning Furthermore, the pollution from in California, it will limit the ability of all to realize the importance of this small these engines under 175 horsepower ac- states to solve serious public health-related engine provision. As we move forward counts for 17 percent of California’s air quality problems. Senator Bond’s pro- with more protective air quality stand- mobile smog emissions. This is not posal revises a very important provision of ards, more and more States will need minor. We are talking about 17 percent the Clean Air Act which allows states to of a State that has seven nonattain- adopt engine emission standards more strin- to reduce emissions to comply with na- gent than the federal standards as long as tional standards. Those States will also ment areas in it, 17 percent of their appropriate federal review processes are fol- need to reduce pollution from these pollution, and an Air Resources Board lowed. Congress wisely put this provision very engines because there are so many that has accepted the industry’s pro- into the Act to give states the ability to deal of them and they are so very dirty. I posal, an industry trade council, to with serious air quality problems across the strongly believe we should protect a which Briggs & Stratton belongs, sub- country. SESARM opposes the impact of the State’s right to do so. mitted a proposal they could live with Bond proposal on this important provision. We should not use this appropria- to the Air Resources Board. The Air Please note that other compromise amend- Resources Board accepted it. And now ments which fall short of fully restoring Sec- tions bill to take rights away from the tion 209(e)(1)(A) are, in our opinion, unac- States without knowing what we are Briggs & Stratton is coming back and ceptable and will constrain states as dis- doing, without a hearing, and without saying: We do not agree; we will get cussed above. SESARM and your state air review by the authorizing committee. our Senator to put a rider in a bill— pollution control agency would appreciate As I said, this rider is the mother and with no hearing, without under- your support of removal of the Bond Amend- father of all riders because it author- standing the consequences that this ment from S. 1584. izes a major reduction in States rights provision will move the right for every Sincerely, with no hearings whatsoever, no abil- single State to protect its citizens. HON. E. HORNBACK, ity to question Briggs & Stratton, and That is truly wrong. This morning, I Executive Director. no ability to ask them why they said ask my colleagues to stand up for their NATIONAL CONFERENCE OF on their SEC report that this would states rights. I ask them to stand up STATE LEGISLATURES, cause no financial disadvantage to the and protect public health. I ask them Washington, DC, October 29, 2003. company, that California is such a to oppose this special provision on this Re S. 1584, FY2004 VA, HUD and Independent small portion of their market, and they appropriations bill put there to benefit Agencies Appropriations Clean Air Act would just pass on any additional costs one company when every other com- Amendment. to the consumer. pany says they can comply. DEAR SENATOR: On behalf of the National Why would they tell the Senate or EXHIBIT 1 Conference of State Legislatures, I write to the Senator from Missouri they would urge your support for amendments that [From the Outdoor Power Equipment would strike a provision of S. 1584 that move jobs to China if this passed? The Institute] amends Section 209(e)(1)(A) of the Clean Air statements of Briggs & Stratton make OPEI SUCCEEDS IN DRAMATICALLY IMPROVING Act and curtails state authority to regulate me very suspicious. CALIFORNIA EMISSION REGULATIONS diesel and gasoline off-road equipment and The Clean Air Act has long recog- For the last two years, OPEI has been engines. Emissions from off-road sources nized that States with serious air pol- working proactively with the staff of the

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.028 S12PT1 S14476 CONGRESSIONAL RECORD — SENATE November 12, 2003 California Air Resources Board (CARB) to ciation representing the manufacturers and and fuel tanks would prevent fuel vapors improve proposed catalyst-based Tier III ex- their suppliers of consumer and commercial from leaking into the atmosphere where haust standards for wheeled products, as well outdoor power equipment such as they form smog. A simple catalyst, similar as new evaporative emission regulations, lawnmowers, garden tractors, utility vehi- to the ones used on over 15 million small mo- based on the use of carbon canisters and/or cles, trimmers, edgers, chain saws, snow torcycles and mopeds worldwide, would re- sealed fuel tanks, as well as less-permeable throwers, tillers, leaf blowers and other reduce exhaust emissions without creating a fuel tank materials and fuel lines. On August lated products. Founded in 1952, the Institute heat hazard to the user. The testimony was 8, 2003, CARB staff issued a proposed regula- is dedicated to promoting the outdoor power clear that these simple changes were effec- tion that would have required wheeled prod- equipment industry by undertaking activi- tive and no engine redesign that might cause ucts to install high-efficiency/high-heat gen- ties that can be pursued more effectively by job losses would be needed. Honda testified erating catalysts in order to meet exhaust an association than by individual companies. on the record that the regulations would not standards that were 50% more stringent than reduce its employment or production. the current Tier II standards. CARB’s Au- EXHIBIT 2 I believe the action taken by the ARB is a gust 8th proposal would also have required win-win situation. We achieved our emission AIR RESOURCES BOARD, all lawn and garden equipment to be subject reduction goal. The adopted regulation, Sacramento, CA, September 26, 2003. to shed-based performance testing to dem- based on an industry proposal, will reduce Hon. CHRISTOPHER S. BOND, onstrate that the entire piece of equipment costs, simplify compliance and avoid job complied with an overall evaporative/diurnal U.S. Senate, Russell Senate Office Building, losses. Fire experts stated there is no safety emission standard. CARB’s August 8th pro- Washington, DC. problem. posal evaporative compliance program and DEAR SENATOR BOND: Thank you for your As you stated in your letter to me, ad- exhaust stand would have: (1) imposed enor- September 24, 2003, letter commenting on the dressing these issues should obviate the need mous compliance and product integration proposed regulation to reduce pollution from for Congressional action. We have success- problems for both engine companies and small engines below 25 horsepower. Your let- fully addressed all the issues you raised. Ac- OEMs; and (2) resulted in significant safety ter was received prior to the California Air cordingly, I now request that you remove the concerns as well, principally because of the Resources Board (ARB) public hearing on expansive state preemption language from substantial heat generated from the high-ef- this regulation, and read by each of my fel- the HUD/VA budget bill, so in cooperation ficiency catalysts. Through written cor- low Board members. with small engine manufacturers, we can get respondence, the U.S. Congressional House Your letter urged the Board to reach ‘‘a on with the job of protecting the health of 35 Committee on Government Reform, the Cali- comprehensive agreement with the entire million Californians. fornia Fire Chiefs Associations (CFCA), the small engine industry that saves jobs while Sincerely, National Association of State Fire Marshals also protecting the environment and public ALAN C. LLOYD, Ph.D, (NASFM), and the U.S. Consumer and Prod- safety.’’ I’m pleased to report that on Sep- Chairman. uct Safety Commission (CPSC) have gone on tember 25, 2003, the Air Resources Board record as strongly opposing CARB’s August unanimously adopted a revised regulation EXHIBIT 3 8th proposal because of the unresolved safety that I am confident addresses all the issues ENVIRONMENTAL COUNCIL OF THE issues with high-efficiency/high-heat gener- raised in your letter on behalf of the small STATES, STATE AND TERRITORIAL ating catalysts and pressurized fuel systems. engine industry. In particular, the regula- AIR POLLUTION PROGRAM ADMINIS- In direct response to OPEI advocacy, the tion we adopted: California Air Resources Board (CARB) TRATORS, ASSOCIATION OF LOCAL 1. Removes any question regarding safety; AIR POLLUTION CONTROL OFFI- unanimously adopted on September 25th a 2. Results in the use of commonly available modified alternative framework which: (1) CIALS, technologies which will not require engine October 24, 2003. relaxes the stringency of CARB Staff’s pro- redesign; posed Tier III exhaust standards; and (2) sub- DEAR SENATOR: We write to you today on 3. Prevents the possible loss of jobs re- behalf of the Environmental Council of the stantially improves the overall general ferred to in your letter; and framework for the still-to-be-defined evapo- States (ECOS), the State and Territorial Air 4. Achieves nearly the same emission re- Pollution Program Administrators rative emission regulations. The CARB ductions. Board has adopted industry’s proposed ex- (STAPPA) and the Association of Local Air The revised regulation is based on pro- Pollution Control Officials (ALAPCO) to haust standards which are roughly 25% less posals we had requested and received in the stringent for Class I engines (less than 225 cc urge your support for amendments to strike past two weeks from members of the small a provision of the VA, HUD, and Independent displacement) and 33% less stringent for engine industry. ARB staff used these pro- Class II engines (greater than 225 cc displace- Agencies FY 2004 appropriations bill that posals to design and include in the regula- would amend Section 209(e)(1)(A) of the ment). Based on an economic study prepared tion two alternative methods of compliance. for OPEI, the compliance costs of the indus- Clean Air Act to curtail states’ authority to One of the alternatives closely reflects the clean up diesel and gasoline off-road equip- try counterproposal should be roughly one- proposal of the Engine Manufacturers, Out- third less than the costs associated with the ment and engines. door Power Equipment Institute, and Briggs Emissions from off-road engines contribute August 8th CARB proposal. CARB’s August and Stratton. significantly and increasingly to ozone and 8th exhaust and evaporative proposed stand- The most important feature of the regu- fine particulate matter (PM ) pollution and ards would have increased the average com- 2.5 latory alternatives we adopted is a less strin- are responsible for a variety of serious public pliance cost for lawn mowers by $106 and the gent exhaust emission standard (offset by health impacts. As state and local environ- average compliance cost for riding mowers better evaporative emission controls). The mental agencies work to develop strategies by $321. CARB’s adopted less stringent ex- new standard will reduce the heat generated for attaining and maintaining health-based haust and more flexible evaporative program by the engine’s exhaust. Honda testified that National Ambient Air Quality Standards for are expected to result in an average total with the revised exhaust emission standards, ozone and PM , they will look to the regula- compliance cost increase of $73 for walk-be- 2.5 safety is no longer a concern. A representa- tion of off-road engines as a means for hind-mowers and $189 for riding mowers. tive of the California Fire Chiefs Association The provisions in OPEI/EMA’s counter- achieving their clean air goals. testified the revised regulation appeared to The provision in the VA-HUD appropria- proposal (as generally adopted by the CARB address their concerns. Similarly, a rep- tions bill to amend Section 209 would have Board) also establish a much more straight- resentative of the California Fire Marshall’s broad adverse consequences with respect to forward and less burdensome, design-based (rather than shed-testing) program (for all office told our staff he believes ARB ade- the ability of states to seek emission reduc- products others than walk-behind-mowers) quately handled the safety issues with the tions from off-road engines. First, the provi- to demonstrate compliance with the evapo- revised regulation. I am confident that the sion would prevent not only California, but rative requirements. OPEI has also per- testimony of these experts assures us there all other states as well, from setting new suaded CARB to allow the use of smaller and will be no new safety issues resulting from emission standards or enforcing existing less-expensive carbon canisters. The provi- implementing this regulation. standards for all off-road engines under 175 sions in OPEI’s/EMA’s counterproposal (as No testimony was presented to the Board horsepower (hp), including, among others, generally adopted by the CARB Board) pro- regarding job losses and plant closures. How- those used in lawn and garden equipment, vide industry with much longer lead-time ever, I am aware that Briggs and Stratton generators, forklifts, airport ground support compared to the August 8th CARB proposal. has said the company will have to shut down equipment and mining equipment. Second, Specifically, industry has more than five some or all of its plants because major en- the provision would also preclude states years of additional lead time to achieve the gine redesign would be required to meet Cali- from regulating off-road engines above 175 hp ultimate evaporative emission requirements. fornia’s proposal to reduce small engine if the engines are certified in the same en- This additional lead time should allow man- emissions. I believe that statement referred gine ‘‘family’’ as certain off-road engines ufacturers with adequate time to develop to the original proposed regulation and no under 175 hp. Third, the provision would pre- and use new low-permeation barriers (such longer applies. Testimony at our hearing vent states from pursuing ‘‘retrofit’’ pro- as co-extruded materials) in constructing yesterday confirmed that relatively simple grams to clean up older, dirtier engines. In their fuel tanks. changes to engine components would allow short, if this provision to amend Section 209 The Outdoor Power Equipment Institute these small engines to meet the revised of the Act is retained in the VA-HUD appro- (OPEI) is the major international trade asso- emission standards we adopted. Better hoses priations bill, states’ clean air efforts will be

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.008 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14477 thwarted and they will be forced to seek fur- turer that builds literally tens of thou- ard that meets those needs. Of course, ther, likely less cost effective, reductions in sands of engines a year spread out EPA does have a broader test when it emissions from other sources that are al- across the country and are allied to a develops regulation. It does have an ready well controlled, including small busi- variety of tools that are built by other economic factor test involved in look- nesses. As the Clean Air Act appropriately recog- companies, there does need to be uni- ing at regulations that some States are nizes, states are best suited to determine formity in law. not required or simply do not have be- which sources contribute most significantly The amendment requires EPA to es- cause they set their own standards. to air pollution in their respective jurisdic- tablish that kind of uniformity for 50 It is a fine line between allowing tions and which programs will be most effec- horse and under. Of course, I can appre- States to move forward and developing tive in addressing their specific problems. ciate that. I have dealt with situations uniform national standards. There ECOS, STAPPA and ALAPCO urge that you before, including when we had the law- have been exceptions. The Senator has support amendments to strike this off-road suit over Yellowstone Park. It said spoken to those exceptions. provision from the VA-HUD appropriations When a market has a magnitude of bill and preserve states’ rights to pursue that snowmobiles in Yellowstone Park had to meet a certain standard. We sales large enough, sometimes those healthier air for our nation. exceptions are effectively made and Sincerely, said, wait a minute, let’s build a stand- economically companies can survive. R. STEVEN BROWN, ard so all snowmobiles meet, nation- Executive Director, wide, both the issue of sound and air In this instance, what we have seen in ECOS. pollution. this particular market, because of S. WILLIAM BECKER, That is exactly what is happening costs of retooling, retrofitting, and Executive Director, now. Most industries, when you can bringing assembly lines online, often- STAPPA and times it is easier to move offshore—not ALAPCO. build a nationwide uniformity of standard, work obviously to meet it or they that you will change the requirement— but you can, therefore, build the new Mrs. FEINSTEIN. Madam President, go out. I thank the Senator from Maryland for Briggs & Stratton is the last remain- plant for less cost, you drive down your costs because of labor, and that is what her comments. She is a superior ranking large manufacturer of small en- the Senator from Missouri is concerned ing member. When she is chairman of gines in the country. I understand that about. the subcommittee, she is a superior California has made some exceptions, chairman of the subcommittee. I do He is also concerned about pollution. carving out for Honda and others to That is why the amendment addresses not know any Senator who loves her meet certain compliance issues. assignment more than the Senator EPA and says get at the business of I hope in this amendment we do rec- dealing with this 50 horsepower and up from Maryland. If we hear one thing ognize when you have a producer of from her, it is about her VA–HUD bill. issue. That is a major problem. this magnitude that sells worldwide Mrs. FEINSTEIN. Will the Senator She does a super job. I am just so and nationwide that we build or work grateful for her service to our country, yield? to build uniformity across those stand- Mr. CRAIG. I am more than happy to to our veterans, and to housing. It has ards. I believe that is the intent of the yield. just been exemplary. amendment. Mrs. FEINSTEIN. The bulk of our I yield the floor. The Senator is right, it has been re- problem, I am told by the Air Re- The PRESIDING OFFICER. Senator duced to 50 horsepower and does ad- sources Board, otherwise I would not CRAIG. dress EPA, requiring them to address know, is under 50 horsepower. So it AMENDMENT NO. 2156 TO AMENDMENT NO. 2150 this problem. takes that right away. Mr. CRAIG. On behalf of Senator Mrs. FEINSTEIN. Will the Senator Additionally, Senator, I guess what BOND and Senators MCCONNELL, TAL- yield? got my dander up, was the SEC filing ENT, CHAMBLISS, MILLER, and CRAIG, I Mr. CRAIG. I am happy to yield. of a company when they say this is not send the Bond amendment to the desk. Mrs. FEINSTEIN. Or we can go back a financial problem. Actually, the fi- The PRESIDING OFFICER. The and forth through the Chair if the Sen- nances drive everything in the country. clerk will report. ator is in agreement. The problem is We know that very well. This is not a The bill clerk read as follows: that because of the severe conditions in financial problem. They will pass on The Senator from Idaho, [Mr. CRAIG], for the State, 7 nonattainment zones, this added cost. California is a small part of Mr. BOND, Mr. MCCONNELL, Mr. TALENT, Mr. is 17 percent of mobile sources. If we do the market. If the company is saying CHAMBLISS, Mr. MILLER, and Mr. CRAIG, pro- not deal with it, we cannot meet the that is a 10(k) I would tend to believe poses amendment numbered 2156 to amend- clean air standards and we jeopardize the 10(k). Wouldn’t you? ment No. 2150. our highway funds. Mr. CRAIG. Mr. President, regaining The amendment reads as follows: There is the rub, so to speak. States my time, I obviously cannot address (Purpose: Clarify the current exemption for do not have to follow. Clearly, States that issue. I am here for the purpose of certain nonroad agriculture and construc- have followed, a large number of them. introducing the amendment on behalf tion engines or vehicles that are smaller I don’t know what else to do. Every of Senator BOND. Senator BOND is in than 50 horsepower from air emission regu- State’s air, as we have discussed with markup on surface transportation and lation by California and require EPA to de- forests, Senator, is different. Pollution will be back to the floor in a while to velop a national standard) engage the Senator in these questions, Page 106, strike lines 16 to 20 and insert in comes from different kinds of sources in every State. That is why this ability I am sure, and he knows a great deal lieu thereof the following: more about this issue than I. of a State, particularly one as large as ‘‘Section 209(e)(1) of the Clean Air Act (42 What I would like to do at this mo- U.S.C. 7543(e)(1)) is amended by— California, fifth largest economic en- ment, if the Senator from California (a) striking the words ‘‘either of’’; and gine on Earth, should have the right to would accept it, is to lay the amend- (b) in paragraph (A), adding before the pe- protect its people. riod at the end the following: ‘‘, and any new ment aside temporarily for the purpose The concern is that EPA, (a) won’t of the introduction of another amend- spark-ignition engines smaller than 50 horse- move fast enough; (b) will not do power’’. ment, and when Senator BOND gets Not later than December 1, 2004, the Ad- enough to severely reduce the pollution back to the floor he can bring this ministrator of the Environmental Protection to enable California to come within its amendment back for the purposes of Agency shall propose regulations containing containment standards. addressing it with the Senator. Would new standards applicable to emissions from Mr. CRAIG. Regaining my time in the Senator object to that? new nonroad spark-ignition engines smaller trying to respond to that because I am Mrs. FEINSTEIN. Not at all. than 50 horsepower.’’. not the expert in this area and I have Mr. CRAIG. I thank the Senator from Mr. CRAIG. I will speak only briefly. not dealt with this issue per se, obvi- California. I didn’t think I had a dog in this fight, ously, I recognize the need of Cali- I ask unanimous consent that the only a lawnmower and a weed eater. fornia. Other States have that need. Bond amendment be set aside. Most of what the Senator from Cali- What this amendment does is it ad- The PRESIDING OFFICER (Mr. fornia said I agree with. But I also dresses EPA to move rapidly into that GRAHAM). Without objection, it is so know when you have a large manufac- area to build a uniform national stand- ordered.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.012 S12PT1 S14478 CONGRESSIONAL RECORD — SENATE November 12, 2003 AMENDMENT NO. 2158 TO AMENDMENT NO. 2150 successful Prescription Drug User Fee AMENDMENT NO. 2159 TO AMENDMENT NO. 2158 Mr. CRAIG. With that, I send to the Act. (Purpose: To permit the Administrator of desk an amendment for the Senate’s Congress has addressed the pesticide the Environmental Protection Agency to consideration. fees issue for several years, as I have register a Canadian pesticide) The PRESIDING OFFICER. The mentioned, by simply rolling it over in Mr. DORGAN. Mr. President, that is clerk will report. appropriations bills. But it is truly an a first-degree amendment. I will offer a The bill clerk read as follows: issue that deserves the full consider- second-degree amendment. I send the The Senator from Idaho, [Mr. CRAIG], ation of all parties involved and final- amendment to the desk and ask for its for himself, Mr. HARKIN, Mr. COCHRAN, ity brought to it. And this amendment immediate consideration. Mr. CONRAD, Mr. CHAMBLISS, Mr. COLE- offers that. The PRESIDING OFFICER. The MAN, Mr. CRAPO, Mr. LUGAR, Mr. I had offered it in the subcommittee, clerk will report. BREAUX, Mr. ROBERTS, and Mr. FITZ- The bill clerk read as follows: GERALD, proposes an amendment num- but because of our consideration of not The Senator from North Dakota [Mr. DOR- bered 2158 to amendment No. 2150. dealing with legislation in the subcommittee, we chose, and I chose, to GAN] proposes an amendment numbered 2159 (The amendment is printed in today’s to amendment No. 2158. RECORD under ‘‘Text of Amendments.’’) bring it to the floor on behalf of a very Mr. DORGAN. Mr. President, I ask Mr. CRAIG. Mr. President, I have broad bipartisan group of Senators. unanimous consent that reading of the brought an amendment to the floor As in the past, the House and the today that has been worked on for a Senate VA–HUD bills, as I said, spoke amendment be dispensed with. The PRESIDING OFFICER. Without long period of time in a bipartisan way, to a temporary approach, a 1-year fix objection, it is so ordered. Democrats and Republicans, VA–HUD for the issue. (The amendment is printed in today’s subcommittee, Senate Agriculture Now, of course, I hope we can gain RECORD under ‘‘Text of Amendments.’’) Committee, and others, to deal with acceptance of this amendment on all Mr. DORGAN. Mr. President, I have pesticide registration and the fees of sides so that we have a long-term solu- visited with my colleague, Senator that registration. tion so Congress can fully resolve the CRAIG, about this second-degree For the last several years, the VA– issue. HUD appropriations bill has, on an amendment. I have also visited with My amendment, our amendment, has those who are running the Agriculture analyzed basis, advanced these fees the same budget impact as the 1-year automatically. We have done it Committee. rider currently in both the House and This is an amendment to the pes- through the appropriating process. the Senate 2004 appropriations bills. The administration basically said ticide registration fee amendment of- Now is the time, I do believe, to pro- let’s resolve this issue. A broad coali- fered by Senator CRAIG. Let me point vide a long-term fix to the pesticide fee tion of environmental organizations out, I support the underlying amend- program at the EPA by including this and chemical companies basically ment. I believe it is an important consensus legislation on an appropria- came together in the past several amendment that Senator CRAIG has of- tions bill moving forward. months to reach consensus on a perma- fered. I intend to vote for it. I will not nent pesticide fees package. Through The diverse stakeholder coalition— insist on a vote. In fact, I will ask to several long hours, an agreement was from the agricultural industry, envi- withdraw my amendment following my reached late this summer through a ronmental groups, workers, and the presentation. But I did want to have a truly bipartisan effort that produced consumer community—has worked dialog with my colleague from Idaho identical legislation in both the Senate long and hard to forge a consensus and about an issue that is related to the amendment I have just sent forward is fully supportive of the terms of this issue of pesticide registration. It deals with the 20-plus cosponsors and House amendment. with the issue of harmonization with H.R. 3188. So the House and Senate are So I hope when we get consideration Canada, something that was promised now working in tandem on this issue. of this—it is possible there may be oth- when we did the free trade agreement The package includes a unique cross ers who wish to speak to it—that we with Canada, that we would harmonize section of support from industry, labor, can bring it on this legislation and pesticides and herbicide pricing and farmers, and the environmental com- adopt it, hopefully, by consensus of the policies. munity. Such groups as the Natural Senate. The fact is it has not been done. A Resource Defense Council, the Amer- Mr. President, I ask unanimous con- group of us in the Senate, a bipartisan ican Farm Bureau, the Sierra Club, the sent to add Senator PRYOR as a cospon- group, including Senator CRAIG and CropLife America group, and the sor of my amendment. Senator BURNS, myself, and others, Northwest Coalition for Alternatives The PRESIDING OFFICER. Without have continued to work on this issue to Pesticides now fully endorse this objection, it is so ordered. because we have a circumstance on the bill. Mr. CRAIG. I know Senator DORGAN, northern border where chemical prices Cumulatively, there are over 20 agri- who supports the initial legislation, are substantially different between the cultural organizations supporting this has some concern about other issues United States and Canada, even though amendment, and they have asked for and is on his way to the floor to speak in many cases the chemical itself is ‘‘stable, effective and predictable pes- to those. nearly identical—perhaps tweaked with ticide regulation’’ that is explicitly With that, I suggest the absence of a one piece or another of the formula, created in this legislation. quorum. but otherwise nearly identical. For example, a chemical that is put The amendment guarantees long- The PRESIDING OFFICER. The on canola in Canada and then the term stable funding to EPA that pro- clerk will call the roll. vides and expedites the pesticide reg- canola is sent to our country to be The bill clerk proceeded to call the istration process by using a perform- crushed at the crushing plant and put roll. ance-based approach. Additionally, the into our food supply is a chemical our amendment provides a protection for Mr. DORGAN. Mr. President, I ask farmers cannot go get in Canada and small business and minor use products unanimous consent that the order for bring back, despite the fact this chem- while funding efforts to protect work- the quorum call be rescinded. ical is substantially similar to one used ers. The PRESIDING OFFICER. Without on canola in the United States but is The legislation ensures that EPA use objection, it is so ordered. priced much lower in Canada. So we sound science in its evaluation of prod- Mr. DORGAN. Mr. President, my un- have had this promise of chemical har- ucts, and that existing rigorous stand- derstanding is that the pending amend- monization for some long while dealing ards are maintained, while reducing ment is an amendment offered by Sen- with Canada. the timelag between approval and ator CRAIG from Idaho dealing with The current circumstance we believe availability of these products to farm- pesticide registration fees. Is that cor- is unfair to American farmers. The bi- ers and retailers who sell them. rect? partisan legislation that is in the sec- The amendment is consistent with The PRESIDING OFFICER. That is ond-degree amendment I offer gives the other user fees legislation, such as the correct. EPA 60 days to approve or deny the

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.032 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14479 registration of a Canadian pesticide if same—and as the Senator from North difference between the United States it has similar use and makeup as a pes- Dakota said, there may be some slight and Canada for essentially the same ticide registered in the United States. difference because it is not licensed in chemical. It allows the EPA, if the EPA so this country—cannot cross the border On Glyphosate, commonly known as chooses, to delegate portions of the and find a substantial savings and Roundup, there is only about a $2 per- registration workload to the States to bring it back for application on his ag- acre price differential; On a chemical aid the EPA in completing the reg- ricultural crops in the lower 48. Yet Puma, $11 million more to apply just istration process. But the Environ- product raised in Canada, harvested in for North Dakota farmers. The chem- mental Protection Agency, under this Canada, can be trafficked into our mar- ical Stinger, which is sold as Lontrel in approach, is ultimately responsible for kets, refined, and moved into our food Canada—both are similar pesticides, this process. According to a study done stream. use the same active ingredient—there by the North Dakota State University, There does clearly need to be a reso- is almost a $10 per-acre difference be- we still have significant price dispari- lution of this problem, from an eco- tween the chemicals. That is what up- ties between chemicals that are almost nomic standpoint, from an environ- sets farmers. They see that they can’t identical. If those disparities had been mental standpoint, and from a food buy the nearly identical chemicals for eliminated with harmonization, North safety standpoint. That was spoken to $10 an acre less, but they see the grain Dakota producers would have saved $20 in the Canadian free trade agreement, come in from Canada that has been million last year. That is a substantial the North American Free Trade Agree- treated with the same chemical. That amount. ment. It is something we ought to re- is why the United States-Canada free We have worked with State agri- solve. trade agreement had a provision in it culture commissioners in the various I am pleased that the chairman of that called for harmonization in these States. As I indicated, Republicans and the Agriculture Committee is willing areas, and yet almost no progress has Democrats in the Senate have worked to hold hearings early next year to re- been made. It is why a group of us are together. As a result of that, we are view it. I will certainly encourage that. trying to do something about it. anxious to move this legislation. We I will encourage that we move the next I thank my colleague from Idaho and did have a hearing on a different step, to a markup, to resolve this issue my colleague from Montana and my version of it previously. We have now once and for all. There are remnants colleagues on this side of the aisle. I changed that version because of some left of difficulties between the United thank Senator COCHRAN, and especially objections to it. We would like to have States and Canada in a variety of areas his staff on the Senate Agriculture a hearing and a markup. I understand as a result of the free trade agreement. Committee, on the commitment to there are some perhaps in the industry I didn’t support that agreement ini- hold a hearing, in the next couple of who do not support this. But on behalf tially, but it is the law of the lands in- months, on this, in the month of Feb- of American farmers, we really need to volved: Canada, the United States, and ruary. Also, my colleague’s belief that do it. Mexico. we need to move along, and he will be I have offered it as a second-degree We ought to try to resolve these pushing for a markup, gives me some amendment. I have learned moments kinds of difficulties that create great hope that we will be able to move this ago that the chairman of the Senate problems. Twenty million dollars legislation. Let me conclude by saying again the Agriculture Committee will commit to spread across the national economy is first-degree amendment offered by my doing a hearing on this next February. not so much money; $20 million in a colleague from Idaho is one that is That is a couple of months away. That State such as North Dakota or Idaho, needed. It is very important, and I is significant progress. I appreciate on individual farmers who are, at best, strongly support it. It provides the fees very much his cooperation, and I know breaking even in some of these crops for pesticide registration. This Con- the Senator from Idaho is a member of and in many years below cost of progress needs to pass that legislation. I that committee. My hope would be, al- duction—that savings in itself is a very support doing it as a first-degree though there is not a commitment at substantial reduction in the overall amendment offered by my colleague this point, that that hearing, in which cost of doing business. from Idaho. we demonstrate bipartisan support for That is what harmonization was AMENDMENT NO. 2159 WITHDRAWN this issue, would be followed by a about: Environmentally, regulatorily, Mr. DORGAN. Mr. President, I ask markup. We really do need to move and certainly as a cost of product, and unanimous consent to withdraw my this legislation. for food safety and all of those things My only purpose for offering the sec- second-degree amendment. within the food chain. This is an issue The PRESIDING OFFICER. Without ond-degree amendment today is that that cries out for resolution. I am objection, it is so ordered. my colleagues and I are frustrated that pleased that the Senator is willing to Mr. DORGAN. I hope we will adopt we have not been able to get this done withdraw his second degree and that the first-degree amendment of my col- previously. There are many reasons for that probably then allows us, hope- league from Idaho by voice vote. Cer- it, but we do need to now take action. fully, to go forward with the other one, tainly, this appropriations bill is going That is the purpose of this. maybe by a voice vote or an acceptance to become law. Whether it is on the I say to my colleague from Idaho, as of the chairman and the ranking mem- floor of the Senate with action or part a member of the Agriculture Com- ber of the committee. of some omnibus bill, this is going to mittee, I know he and Senator COCH- I thank the Senator for bringing this the President for signature. Having my RAN, leader of the committee, and oth- issue to the floor. I am certainly an ad- colleague’s first-degree amendment ers believe strongly that we need to vocate of his position and will work to part of the bill, doing something that have proper hearings on these issues. I help him resolve it. needs to get done now, not later, know my colleague from Idaho is a Mr. DORGAN. Mr. President, I thank makes a lot of sense. I am pleased to be strong supporter. I ask him how he my colleague from Idaho. He has been supportive of the amendment. feels about this legislation, the second- a strong supporter of this approach. Mr. President, I yield the floor. degree amendment I have offered. Perhaps for the record, I might add The PRESIDING OFFICER. The Sen- Mr. CRAIG. If the Senator from what farmers are upset about is the fol- ator from Idaho. North Dakota will yield, Mr. President, lowing. We see Canadian grain coming Mr. CRAIG. Mr. President, it is my what the Senator speaks to is a very into our country. It is treated with understanding, under the agreement, real problem, especially in border their chemicals but their chemicals are that Senator BYRD will be on the floor States such as his and mine, where deemed unfit here, not because it has at noon to speak for a period of time. farmers across that line that is often the wrong ingredient or it would be Following that, I understand we will invisible—economically, environ- unhealthy for us. It is just the way it resume consideration of the VA–HUD mentally, and climactically, but not is labeled in order to prevent it from appropriations bill. jurisdictionally, certainly not from a being sold in this country. I suggest the absence of a quorum. national standpoint—can’t understand On the chemical Liberty for use in The PRESIDING OFFICER. The why a product that appears to be the canola, there is a $4.40 per-acre price clerk will call the roll.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.035 S12PT1 S14480 CONGRESSIONAL RECORD — SENATE November 12, 2003 The bill clerk proceeded to call the year 2009. Think of that. That is more priations—now, get this. Hear me! The roll. than a half trillion dollars. The Pen- conference report grants new Mr. CRAIG. Mr. President, I ask tagon estimates it will request $502 bil- multiyear authority to transfer appro- unanimous consent that the order for lion for routine defense operations in priations of unlimited sums. This is the quorum call be rescinded. 2009. But a request for half a trillion not chickenfeed we are talking about. The PRESIDING OFFICER (Mr. dollars—as we will be undertaking in We are talking about unlimited sums SUNUNU). Without objection, it is so or- 2009—should be anything but routine, of ‘‘your money,’’ the taxpayers’ dered. especially if not one red cent of those money, from numerous accounts in The PRESIDING OFFICER. Under funds would be for any contingency order to increase spending on Navy the previous order, the hour of 12 hav- military operation. cruiser conversions and overhauls. ing arrived, the Senator from West Vir- Instead, these growing defense budg- These are but a few examples of the ginia, Mr. BYRD, shall be permitted to ets are proof that there is no longer new powers granted to the executive speak for up to 30 minutes. any real effort to provide a smarter de- branch, downtown, at the other end of Mr. CRAIG. That is the order. I un- fense plan that will modernize our the avenue, in this bill—this bill. I am derstand we will then recess from 12:30 forces for the 21st century while elimi- not reading from ‘‘Alice in Wonder- until 2:15 for the purpose of the Demo- nating the vestiges of a cold war era land.’’ I am reading from this con- crat policy luncheon. military force. Nearly 3 years ago, De- ference report. The PRESIDING OFFICER. The Sen- fense Secretary Donald Rumsfeld an- Our country continues to be threat- ator is correct. nounced he would conduct a series of ened by Osama bin Laden. Our troops Mr. CRAIG. I yield the floor. top-to-bottom reviews of the Pentagon. are under fire in Iraq in the aftermath The PRESIDING OFFICER. The Sen- I lauded him for doing that. I ap- of a preemptive war, a preemptive war ator from West Virginia. plauded him publicly and in private that we started, a preemptive war that Mr. BYRD. How much time do I have conversations. I applauded the Sec- our President, as Commander in Chief, remaining. retary of Defense. Those reviews were started. The PRESIDING OFFICER. The Sen- supposed to get rid of old weapons sys- Fie on us, the Congress! For shifting ator from West Virginia has 29 minutes tems, field new ones, and refocus the that power to the President last Octo- remaining. defense establishment to get more bang ber, last October 11. Twenty-three Sen- Mr. BYRD. Mr. President, I thank for the taxpayers’ buck. ators in this body voted against shift- the Chair. I will not use all of the re- I, along with many others, supported ing that power to the President. I was maining time. those efforts as announced by the Sec- one of those 23. I was against shifting DEPARTMENT OF DEFENSE AUTHORIZATION BILL retary of Defense. But any hope of that power to this President or to any Mr. BYRD. Mr. President, on May 22 modernizing our Armed Forces while President. It doesn’t make any dif- of this year, 2003, I cast my vote in op- maintaining fiscal discipline has ference to me what his politics—what position to the fiscal year 2004 Defense gone—gone out the window. The de- his political party is, or would be, so authorization bill. I cast that vote to fense transformation effort which help me, God. I would stand against protest the errant course of the defense began as a frontal assault on irrespon- that with any President. Fie on us! establishment in seeking larger and sible spending at the Pentagon has Only 23 Members in this body stood larger regular defense budgets. The been replaced by the quest for flexi- firm for the Constitution of the United budget for the Department of Defense bility—‘‘flexibility,’’ the latest States under which, power to declare is exploding, even if we do not count buzzword to describe efforts to consoli- war is vested in the legislative branch. the vast sums being used to maintain date greater and greater and greater Soldiers are fighting and dying half a power into the hands of a select few at our troops in Iraq and Afghanistan. world away and the wealth of this the top of the executive branch. The regular defense budget, not in- great country is being diverted from I voted against the Defense author- cluding the costs of the war on ter- ization bill on May 22 of this year. Why the United States Treasury in order to rorism in Afghanistan or the other did I do that? I was the only one, the carry out an experiment in nation war, the war in Iraq which we started, only Senator who voted against it. building in Iraq. has gone up by 31 percent since 2000. I If there were ever a time to demand Why did I do that? I voted against that will say that again. The regular de- more accountability and efficiency in bill in order to voice my protest to spi- fense budget, not including the costs of how taxpayer dollars are spent on our raling defense budgets when the Amer- the war on terrorism in Afghanistan or military, this is it. But instead of hold- ican people are expecting smarter ing the feet of the Secretary of Defense the other war which we started in Iraq, spending by their Government, and I has gone up by 31 percent since 2000. will vote against the conference report to the fire, Congress gives the Sec- In 2000, Congress authorized $304.1 today to this bill for the very same rea- retary vast new powers to hire and fire billion to fund the routine day-to-day son, as well as because it gives workers as he sees fit. Instead of turning the screws—the operations of our military. The con- rubberstamp approval to consolidating screws, instead of turning the screws— ference report before the Senate today new, broad powers in the Secretary of on this Defense Secretary to straighten authorizes $401.3 billion to pay the rou- Defense. tine bills for our defense establish- This conference report creates the out this mess, the accounting night- ment. As I say, I am not even speaking ‘‘National Security Personnel Sys- mare at the Pentagon, Congress grants of the costs of Iraq on the one hand or tem,’’ so-called, which gives the Sec- the Pentagon more flexibility over how the costs of Afghanistan. So if we were retary of Defense, Donald Rumsfeld, it can use funds appropriated to it. We to just ignore Afghanistan and Iraq in unchecked powers—unchecked powers cut the strings by which Congress lim- looking at the costs of the military, we to rewrite civil service rules for civil- its the use of taxpayers’ money. In- are authorizing today in the conference ian employees of the Pentagon. The stead of demanding greater account- report $401 billion to pay the routine conference report includes sweeping ability over how our military is pre- bills for our defense establishment as authorities—sweeping authorities to paring to meet the military threats of against the $304.1 billion that Congress allow the Secretary of Defense, Donald the coming decades, Congress creates authorized in the year 2000—in other Rumsfeld, to waive landmark environ- new loopholes. The inescapable conclu- words, roughly $100 billion more today mental protection laws with a stroke sion, is that Congress has been dis- than we authorized in 2000, just ignor- of the pen. tracted from the most important issues ing Iraq, on the one hand, and Afghani- The conference report establishes facing our military posture. Instead, stan on the other. new ‘‘flexibilities’’—flexibilities for the Congress is asked to take action on pe- The growth of the so-called peace- Pentagon to use to develop and deploy ripheral matters, and even then we time budget of the Department of De- an unproven national missile defense simply pass the buck by closing our fense is expected to continue into the system. That is a sinkhole, a sinkhole eyes and hoping that the Defense De- foreseeable future. The Pentagon esti- for your money, the taxpayers’ money. partment can straighten itself out if it mates that it will request $502.7 billion The conference report grants new is invested with enough new powers for routine defense operations in the multiyear authority to transfer appro- and ‘‘flexibilities.’’

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.037 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14481 If the leadership of the Pentagon RECESS worked closely together during the de- thinks that ‘‘defense transformation’’ The PRESIDING OFFICER. Under velopment of the authorization bill. We means getting Congress to stick its the previous order, the Senate stands are making great headway. We are head in the sand, count me out. My in recess until 2:15 p.m. turning in the right direction. I par- idea of transformation means spending Thereupon, the Senate, at 12:30 p.m., ticularly applaud those who partici- smarter to build a stronger military, recessed until 2:16 p.m. and reassem- pated in the ultimate compromise that not turning a blind eye to Executive bled when called to order by the Pre- we agreed on having to do with the Branch power grabs. siding Officer (Mrs. DOLE). lease program, the 767s. We all under- It is our fault. I can understand how stand we have a crisis in our tanker f the executive branch seeks to grab fleet. Our KC–135s are getting old and power. The executive branch is oper- NATIONAL DEFENSE AUTHORIZA- there is controversy over how much ating 24 hours a day every day, 365 days TION ACT FOR FISCAL YEAR longer they can be used. Nonetheless, a year. Everywhere its imprint is seen 2004—CONFERENCE REPORT—Re- our pilots who are performing this sig- throughout the globe, Congress sleeps. sumed nificant mission of refueling need to The flexibilities in this bill are the The PRESIDING OFFICER. Under have the very best. We are addressing antitheses of accountability. For each the previous order, the hour of 2:15 hav- that problem. new ‘‘flexible authority’’ that Congress ing arrived, the Senate will proceed to In the area of TRICARE, we have hands over to the Secretary of De- the consideration of the conference re- made some advancements that are long fense—any Secretary of Defense—Con- port to accompany H.R. 1588, which the overdue. I know in my State of Okla- gress signs away one more lever that clerk will report. homa, we probably have one of the should be used to compel the Secretary The assistant legislative clerk read highest populations of retired military, to build a smarter defense plan. many of them in Lawton and scattered The Commander in Chief beats his as follows: Conference report to accompany H.R. 1588, throughout the State. I know there are chest and throws down the gauntlet, very serious concerns we have gone a saying, ‘‘Bring them on,’’ in front of an act to authorize appropriations for fiscal year 2004 for military activities for the De- long way to meet. the TV cameras, but pictures of the partment of Defense, for military construc- Environmental issues bother me a fallen dead coming home to Dover are tion, and for defense activities of the Depart- great deal, and maybe I am more con- not allowed. ment of Energy, to prescribe personnel cerned about what has happened to our Oh, we don’t want to display the pic- strength for such fiscal year for the Armed ability to train our troops, because I tures of bringing back the caskets at Forces, and for other purposes. happen to also chair the Environment Dover, DE. No. The American people The PRESIDING OFFICER. Under and Public Works Committee. So we must not see that side of the war. This the previous order, there will be 20 deal with the environmental issues. is a stubborn course that we have cho- minutes equally divided prior to a vote But it is very disheartening when sen that could tie down our forces in on the conference report. you go down to your part of the coun- Iraq for months and months and Mr. REID. Madam President, if the try and see what has happened in some months, and years even to come, and it manager will yield, it is my under- of the endangered species programs and is a course that I oppose today. It is a standing the leadership is going to ex- how we are addressing those. course I have opposed from the begin- tend the time for the vote another 10 In Fort Bragg, in Camp Lejeune, for ning. This ill-advised invasion and oc- minutes. example, we are spending such an inor- cupation of a Middle Eastern country Mr. WARNER. Madam President, the dinate amount of money protecting the stands to sap—sap—our military power distinguished minority leader is cor- suspected habitat of the red-cockaded through the attrition of our brave men rect that the time has been extended. woodpecker that it is having a very de- and women in uniform. The effects of The vote is to occur, I understand, at teriorating effect on our ability to such a toll could affect our national se- 2:45. The 30 minutes intervening is train. This is something that does con- curity for decades to come. under the control equally of the distin- The United States cannot afford to cern me greatly, and we are starting to guished Senator from Michigan, Mr. shelve—to place on the shelf—efforts to address that, I know, in relation to the LEVIN, and myself. leap forward a generation in military issue of endangered species. We have Mr. REID. Madam President, I ask power by investing in a smarter de- clarified the law that is going to per- consent that that be the order. We fense plan. If our country does not haps, hopefully, stop some of the in- have a caucus going on now. prioritize efforts to change our mili- junctions that have been taking place. The PRESIDING OFFICER. Without tary to respond to the asymmetric war- I think we are making some progress objection, it is so ordered. fare of the 21st century—whether those there. Mr. WARNER. Madam President, I threats emanate from North Korea, or I am glad we are addressing end encourage any and all Senators who de- a belligerent China, or Iran—the long- strength—not as much as I would like sire to address this bill to avail them- term toll of the adventure in Iraq could to or our chairman would like to be- selves of the opportunity. To the ex- weaken our military for years to come, cause this is a compromise situation, tent that I have control over the 15 just as our Armed Forces were found to but we have to recognize that we al- minutes, I am happy to accommodate be hollow in the years after Vietnam. lowed our end strength to deteriorate, I will vote against the conference re- Senators as they come to the floor. in terms of numbers, to the point that port to the Defense authorization bill. I yield such time as the distinguished we are OPTEMPO of our regular serv- It transfers vast unchecked powers to Senator may require. I hope it will be ices, we are OPTEMPO for our Guard the Defense Department while avoiding around 5 or 6 minutes. and the Reserves. It is at an unaccept- any break with the business-as-usual The PRESIDING OFFICER. The Sen- ably high rate. approach to increasing defense spend- ator from Oklahoma. I do not think there is one Member of ing. It dodges the most important Mr. INHOFE. Madam President, I this Senate who does not go home and issues facing our national defense pos- apologize to our distinguished chair- talk to his Guard and Reserve units, ture, and I cannot support such a bill. man for not having been down here only to find out that critical MOS, I yield the floor. I suggest the ab- during this discussion. As he well military occupation specialties, are sence of a quorum. knows, I chair the Environment and being lost because they are just over- The PRESIDING OFFICER. The Public Works Committee. I am proud worked. You cannot expect someone clerk will call the roll. to say we were able to get a bill out, who is in a citizens militia to have to The assistant legislative clerk pro- the reauthorization bill. I feel very be full time. Essentially, that is what ceeded to call the roll. good about that. It will be coming to is happening right now. Mr. BYRD. Mr. President, I ask unan- the floor. It is a good compromise but So we are starting to address that, imous consent that the order for the it required my attendance. and I think we need to go much further quorum call be rescinded. I want to be on record to say that our in the future. When I see that we did The PRESIDING OFFICER. Without chairman and the ranking member have a problem all during the 1990s, objection, it is so ordered. have done a very good job. We have that I articulated on this Senate floor,

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.047 S12PT1 S14482 CONGRESSIONAL RECORD — SENATE November 12, 2003 when we had a lowering in the amount guished chairman of the Armed Serv- TIAHRT, it was stated that this com- of attention that was given to our mili- ices Committee, might yield for a ques- promise codified an agreement with tary in terms of end strength, in terms tion. the administration as set forth in a No- of modernization, in terms of national Mr. WARNER. I would be happy to vember 5, 2003, letter to me from Dep- missile defense, these things were very yield to my friend. uty Secretary Wolfowitz. For the disturbing to me. I know we are now Mr. HATCH. As I was reading the De- record, the compromise does not en- recognizing it. fense authorization bill, I noticed that dorse or codify any such agreement. I hate to say it in this way, but I under section 336, entitled ‘‘Pilot Pro- The compromise is intended to ensure really think those who subscribe to the gram for Best-Value Source Selection that Defense Department acquires idea—or did subscribe to the idea prior for Performance of Information Serv- tankers in a manner that meets its to 9/11—that the cold war is over and ices,’’ the conference committee had own needs, but also the needs and in- we need not have the size military we modified the normal examination pro- terests of taxpayers. While the Air once did are just dead wrong. I look cedures for determining the source, ei- Force maintained that its original wistfully back at those days when we ther public or private, for the perform- lease proposal achieved this goal, it knew what our enemies had. We had ance of information technology serv- clearly did not. I fully expect the De- one major superforce out there, and ices. My question therefore is: Does fense Department to execute the terms that superforce was predictable. section 336 modify, change or interfere, of this compromise in a manner that Now we have the proliferation of in any way with provisions of Title 10 fully protects American taxpayers’ in- both weapons of mass destruction § 2460, § 2464, or § 2466 commonly re- terests. throughout the world and the delivery ferred to as ‘‘Core’’ and ‘‘50/50’’? Mr. MCCAIN. I am grateful to the system. We know what countries have Mr. WARNER. I thank the Senator Senator form Virginia for his leader- a delivery system that could reach us for his question. The answer is no. It ship on this issue. Three of the four de- here in Washington, DC. We need to was not the intent of the conference fense committees that were required to make up for what was lost during that committee to make any modification approve the original proposal to lease period of time. to Title 10 § 2460, § 2464, and § 2466 which 100 tankers, did so without sufficiently Lastly, I would agree with Secretary address the requirements for the De- examining the proposal or its effects on Rumsfeld who at one of our earlier partment of Defense to maintain an or- taxpayers. It was the Senate Armed meetings suggested that throughout ganic core logistics capability and en- Services Committee that put the the entire 20th century, the percentage sure that at least 50 percent of depot brakes on that costly and misguided of our GDP that went to defense was level maintenance is performed by em- procurement plan. about 5.7 percent, and that dropped ployees of the Department of Defense. By buying those tankers that it re- down in the 1990s to about 2.7 percent. The Department of Defense must still quires rather than leasing them, the We are up to 3.4 percent approximately. abide by these statutory provisions Air Force can realize very significant I think we need to stop and rethink when they make any decision or action savings. The Air Force can avoid pay- that as an overall picture of a plan for provided for in section 336. ing the cost of borrowing the funds the future, perhaps it should be some- Mr. HATCH. I thank the Senator for from the private market to build and where around 4, 4.5, or 5 percent be- that answer. acquire the planes, as originally pro- cause the nature of the threat that is TANKER PROVISION posed. The Air Force can also avoid out there is more expensive. I think we Mr. MCCAIN. Madam President, I paying the lease-specific costs that need to address it. So I think this bill would like to review with my col- were apparently included in the price goes a long way in that direction. leagues section 135 of the National De- that it had previously agreed to pay for I am very pleased with the product fense Authorization Act for fiscal year the tankers. Documents we have re- we have. We have a long way to go, and 2004. Under the leadership of Senate viewed suggest that these lease-specific I hope we can join hands and do that in Armed Services Committee Chairman costs could be as high as $5.5 million the future. WARNER, and Ranking Member LEVIN, per tanker. Arranging for a purchase of Again, I applaud our chairman and Congress recently agreed to modify the the tankers will also allow the Defense the ranking member for the efforts manner in which the Air Force may ac- Department to question many of the they have put forth in making this leg- quire Boeing 767 aerial refueling tank- other terms and conditions of the Air islation a reality. ers. This compromise is contained in Force’s original lease proposal, such as The PRESIDING OFFICER. The Sen- section 135. the maintenance and training costs, ator from Virginia. In the words of Chairman WARNER on and whether the planes we are buying Mr. WARNER. Madam President, I October 23, 2003, this compromise should be FAA-certified. thank my distinguished colleague for sought to put this program back into Mr. WARNER. I thank the Senator his steadfast service on our committee the traditional budget, procurement, from Arizona for his steadfast leader- these many years, and particularly in and authorization process. Section 135 ship and vigilance on this critical this past year when we were confronted replaces the current authorization for issue. There could be no doubt as to the with a number of very serious issues. the Air Force to lease 100 aircraft, with Senator’s sincerity in always pro- And I recognize the consideration of an authorization for the Air Force to tecting the interests of taxpayers. this conference report coincides with lease no more than 20 tankers, and to Mr. NICKLES. Mr. President, I com- his markup in the Environment and buy no more than 80 aircraft using mend the Senators from Arizona and Public Works Committee on which I multiyear procurement authority and Virginia for their leadership on this am privileged to serve with him. But, I incremental funding. The original pro- important issue. When the Air Force’s say to the Senator, you manage to do posal to lease 100 tankers would have original proposal to lease 100 tankers both quite well. cost taxpayers $6.7 billion more than looked like a done deal a couple of Mr. INHOFE. I thank the Senator. buying them outright, according to the months ago, both of these Senators The PRESIDING OFFICER. The Sen- Congressional Budget Office. stood up and made us consider the pro- ator from Michigan. Mr. WARNER. The Senator from Ari- posal in ways that we likely would not Mr. LEVIN. Madam President, I zona’s understanding is correct. By have, but for their commitment for the thank Senator INHOFE also for his serv- providing for the lease of only 20 interests of both the warfighter and ice, his work on the committee. He planes, and by putting the bulk of this the taxpayer. In so doing, we now have travels to visit with our troops. He is acquisition back into the traditional before us, among other things, Section totally dedicated to our troops and the budget, procurement and authorization 135 of the National Defense Authoriza- national defense. I thank him for his process, this compromise is estimated tion Act for Fiscal Year 2004. As I un- kind words, but also for that commit- to save taxpayers over $4 billion. derstand this provision, the Air Force ment. I would like to take this opportunity will be authorized to use the special SECTION 336 to correct the legislative record. In a non-confirming lease methodology to Mr. HATCH. Mr. President, I was colloquy in the House among Chairman lease no more than 20 tankers, and buy hoping that my friend, the distin- HUNTER and Congressmen DICKS and the balance, not to exceed 80, under a

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.040 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14483 multiyear procurement/incremental quote, ‘‘We believe that the $120.7 mil- colleagues, the compromise does not funding methodology. lion is a conservative, robust estimate codify or endorse the tanker acquisi- Mr. MCCAIN. The Senator is correct. of a reasonable purchase price for the tion plan that Deputy Secretary Mr. NICKLES. The Senator’s ration- KC–767A aircraft . . . and . . . should Wolfowitz described in his November 5, ale for agreeing to this compromise, satisfy Boeing and its shareholders.’’ 2003, letter. The reason the compromise whereby the total number of tankers to We should not agree to a purchase does not codify this approach is be- be leased was reduced by 80 percent, re- price of $138.4 million which is signifi- cause paying for the tankers on deliv- lied on the Congressional Budget Of- cantly higher, because it includes lease ery as the Deputy Secretary proposes fice’s conclusion that the fewer planes unique costs. could be very costly and could dramati- that the Air Force leased, the greater I take the opportunity to highlight cally slash the savings that this com- the savings to taxpayers. for our colleagues that the Congres- promise intends to provide—an out- Mr. MCCAIN. The Senator is correct. sional Budget Office has scored this come that is unacceptable. The intent was to maximize savings to transaction as an $18 billion direct pur- Mr. FITZGERALD. As I stated during taxpayers. If the Defense Department, chase, requiring full budget authority a Commerce Committee hearing on in the words of Senator WARNER, puts up front. Ordinarily, under these cir- September 2, 2003 regarding this issue, this program in the traditional budget, cumstances, I would make a budgetary the original lease transaction is noth- procurement, and authorization proc- point of order. I will not raise that ing more than a complex, byzantine ess, the taxpayer will see significant point of order now. But, what I will do transaction that obscured the true cost savings. is call upon the Secretary of Defense to of the tankers, reduced the trans- Mr. NICKLES. I understand that the implement the compromise provision parency of the arrangement, and would Congressional Budget Office has con- in a way that accurately reflects the unnecessarily cost American taxpayers billions of dollars. I commend the Sen- cluded that if the Air Force imple- intent of the conference—acquire its ator from Arizona for his watchful eye ments the compromise by acquiring tankers for the Air Force in a way that over the negotiation and execution of the tankers under two separate con- maximizes savings to taxpayers. It is this tanker deal. I also commend Sen- tracts, gets budget authority at the anomalous that the Congress would ators WARNER and LEVIN for brokering time it orders its planes, and pays have intended to have taxpayers see progress payments, taxpayers will see the compromise agreement and putting only half the savings and not touch the the public interest ahead of a powerful $5.3 billion in savings over the Air $6.4 billion maintenance and training Force’s original proposal to lease 100 special interest. contract—a contract that was never Mr. HATCH. Mr. President, today I tankers. competed for. In the spirit of com- rise in support of the fiscal year 2004 Mr. MCCAIN. Yes. On the other hand, promise, under Section 135, the Con- if the Air Force executes under a single Defense authorization conference re- gress has provided the Department port. This report is not only a tribute contract—presumably under the cur- with tools to acquire the tankers re- to the Congress’s hard work, in par- rent proposed contract—and pays at sponsibly and in a way that protects ticular that of my good friend, Chair- delivery, taxpayers will see savings cut the interests of taxpayers. man JOHN WARNER, but it is also a reaf- nearly in half, according to Congres- At the end of the day, whatever legis- firmation of our commitment to meet sional Budget Office estimates. Unfor- lation comes out of this body, the ad- the challenges of this War on Terror. tunately, I have every reason to believe ministration is responsible for imple- The conference report contains a that the Air Force will proceed in this menting it as the Congress intended. number of provisions designed to al- manner, which fundamentally belies After months of investigation, inquiry leviate some of the burdens placed on the compromise proposal. By pro- and debate, there can be little doubt our fighting men and women. For exceeding accordingly, the Air Force suc- that the intent here is to best protect ample, I am proud to state that the re- ceeds in deferring having to make hard the interests of the taxpayer. port deals directly with a concern of budget decisions to acquire tankers it Mr. MCCAIN. I thank the Senator for many service members, including Utah says it ‘‘urgently’’ needs, Boeing locks his continuing, active concern on this National Guard and Utah-based Re- the Air Force into a contract to ac- most important issue. serve families, by continuing payment quire 100 tankers, and the investment Mr. FITZGERALD. Mr. President, I through December 31, 2004, of special bank gets its cut for setting up any fi- understand that preliminary estimates pay for duty while subject to hostile nancing and providing other financial suggest that buying no more than 80 fire or imminent danger in the amount services associated with the deal. All of tankers in a way that avoids lease-spe- of $225 a month and $250 a month for this is done at an unnecessarily high cific costs could save taxpayers as family separation allowance. Addition- cost to taxpayers—just as under the much as $5.3 billion over the Air ally, all service members will receive original proposal. Force’s original proposal to lease 100 at least a 3.7 percent pay raise. In order Mr. NICKLES. I agree. If the Defense tankers. to help retain our mid-career service Department proceeds accordingly, Mr. MCCAIN. The anticipated savings members, their pay will be increased namely under the current contact, it under the compromise as described in between 5.25 and 6.25 percent. The bur- will be attempting to meet its prior- Section 135 of the National Defense Au- den for many of our Reserve forces will ities through very many of the same thorization Act for Fiscal Year 2004 are also be lifted regarding healthcare. The convoluted means that were proposed very significant. The original proposal report provides TRICARE coverage for under the original agreement—means to lease 100 tankers was extraor- members, and their families, of the Se- that would cost more than necessary, dinarily costly, and the compromise al- lected Reserve of the Ready Reserve thereby further increasing the deficit lows us to avoid those costs. For exam- and each member of the Individual to unnecessarily high levels. Unfortu- ple, the original proposal would have Ready Reserve, if they do not already nately, in the absence of a guarantee had us pay $7.4 million per plane in pri- have health insurance. from the Defense Department that it vate construction financing costs. The Keeping our word to our Nation’s vet- will not implement Section 135 as sug- compromise provides for the Air Force erans is vital to maintaining the honor gested by the Defense Deputy Sec- to make progress payments to build of our country. No other issue is as im- retary’s letter of November 5, 2003 and the planes, and in so doing, to avoid portant to our veterans as that of con- the recent colloquy in the House, I this significant and unnecessary cost. current receipt, that is, simultaneously share your concern. One of the reasons that the com- paying veterans a military pension and Additionally I want to reinforce your promise authorizes the Air Force Sec- providing them with disability bene- statement that it is not the intention retary to use incremental funding to fits. Under the current law, many vet- of Congress, nor does this legislation buy no more than 80 tankers is to allow erans’ retirement pay is reduced or off- reflect an agreement for the Air Force the Air Force to get the tankers it set dollar-for-dollar for any disability Secretary to implement the current needs in a manageable way that pro- benefit they receive. Unfortunately, contract on acquiring 100 tankers. We tects taxpayers. proposals to remedy this situation re- have heard testimony and the Institute Senator WARNER has said that, con- main controversial due to cost. There- of Defense Analysis has reported, and I trary to the statements of our House fore, I must commend and congratulate

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.027 S12PT1 S14484 CONGRESSIONAL RECORD — SENATE November 12, 2003 Chairman WARNER once again for de- ground-fixed and mobile targets. How- well in balancing the need to protect vising a compromise plan that boldly ever, the truly transformational aspect marine mammals while allowing other expands upon his previous efforts by of the aircraft is that it can accomplish important activities, including the de- providing full concurrent receipt for all of these missions almost simulta- fense of our Nation, to move forward. those veterans suffering disabilities neously. Paraphrasing the Air Force’s I firmly believe that the U.S. is capa- from combat or combat-related oper- motto, no aircraft comes close to the ble of having both the strongest mili- ations and by phasing in this benefit, F/A–22’s capabilities. I cannot say how tary force in the world, and at the over a 10-year period for those retirees proud I am and the rest of the State of same time, some of the best conserva- whose disability is rated at 50 percent Utah is that the sustainment and tion laws of any country. I have been a or greater. maintenance work on this extraor- great supporter of our Nation’s mili- This legislation is also important be- dinary aircraft will be handled at Hill tary, having served on the Defense Ap- cause it reaffirms our transformation Air Force Base/Ogden Air Logistics propriations Subcommittee for three policy. Many at home will ask what is Center. decades. ‘‘transformation’’ and what does it I am also grateful that the com- The Committee on Commerce, mean to the future of our Nation’s mittee was able to maintain the mo- Science, and Transportation, on which military? Simply put, transformation mentum toward transformation regard- I currently serve as the ranking mem- is a process of reform that will revolu- ing our industrial policies. Instead of ber, has jurisdiction over issues relat- tionize the way the military conducts reverting to a protectionist posture, ing to marine mammals, including au- operations. We saw a glimpse of this the report enables the Department of thorizations for and oversight of the emerging reality during the Iraqi con- Defense and Congress to gather infor- MMPA. The Commerce Committee flict where information was gathered mation on this issue. I believe that as plans to take up reauthorization of the from a variety of sensors, whether on the cost of research and development of entire MMPA this Congress. Towards the ground or in the air, and that infor- our Nation’s weapons systems con- this effort, we have held hearings and mation was transmitted very quickly tinues to grow that it will become in- numerous briefings with the many dif- to commanders who could then exploit creasingly in our interests to harness ferent entities who have an interest in the weakness of our enemy. It was a re- the strengths of other nations in joint the MMPA, including the Department markable operation and it reflects the ventures. The future belongs to proof Defense, the National Oceanic and high level of competence and expertise grams such as the Joint Strike Fight- Atmospheric Administration, NOAA, of our Nation’s service men and er, where the United States has been the Fish and Wildlife Service, private women. joined by the United Kingdom, Canada, industry, the scientific research com- This Defense bill will accelerate the Netherlands, Italy, Turkey, Singa- munity, and nongovernmental organi- transformation and ensure that our pore and Israel to develop this stealthy zations. Many of these entities have of- forces maintain their decisive edge. It and capable aircraft that will protect fered comments, including some seri- is an important accomplishment and the forces of freedom at an affordable ous concerns, with respect to the the chairman, ranking minority mem- price. I commend the committee for its MMPA language now included in the ber and all the members of the com- foresight on this matter. DOD authorization bill. mittee deserve our thanks. Their ef- As I close, once again I wish to con- I regret to say that many of the pro- forts to make military transformation gratulate my colleagues on the Armed visions included in the bill before us a reality have led them to fund the re- Services Committee, especially Chair- simply don’t make sense. For example, search and development of such revolu- man WARNER, on this fine piece of leg- we have had testimony from respected tionary systems as the Army’s Future islation. It was a hard road, but once scientists this year in hearings before Combat System, or FCS. FCS will again the committee has risen to the our committee, as well as before the allow our forces to deploy an army bri- challenge and supported our men and Senate Armed Services Committee, gade anywhere in the world within 96 women in uniform. The Nation is in that the standard for ‘‘harassment’’ of hours. The DDX and the Littoral Com- their debt. marine mammals, now included in this bat Ship will also be revolutionary in Mr. HOLLINGS. Mr. President, I rise bill, is scientifically indefensible. their stealth characteristics, automa- today to commend the chairman and Moreover, some of the provisions in- tion systems, and command and con- ranking member of the Armed Services cluded in the bill go far beyond DOD trol capabilities. The committee is also Committee for bringing the 2004 De- activities, including all research done continuing its support for the Joint fense Authorization Conference Report by or on behalf of the Federal Govern- Strike Fighter, which will bring a to the floor today. The conference re- ment. Although no changes to the stealth fighter to all of our air and port before us comes at a critical time MMPA were in the bill that passed the naval/marine air forces. in our national history with our troops Senate, the Senate leadership on the That being said, I was disappointed engaged in conflict throughout the conference committee apparently felt to see that the President’s request for world. that such changes would be acceptable. full funding of the F/A–22 did not occur, The committee’s leaders have dem- The National Marine Fisheries Serv- although the report did authorize the onstrated patience and grace under ice, which along with the Fish and President’s request for the procure- pressure, navigating a difficult legisla- Wildlife Service, implements the ment of 22 F/A–22s. This is a system tive process. I know firsthand how dif- MMPA, estimates that about 38 per- that is a transformational aircraft at ficult this process can be; I have cent of all of the ‘‘small take’’ permits its core. The F/A–22’s supercruise en- walked a mile in their shoes. I have that it has issued under the MMPA gines allow for extended supersonic served as the chairman of the Com- were issued to the Department of De- flight—a magnitude longer than its mittee on Commerce, Science, and fense. That is over one-third of all such after-burner predecessors. Using Transportation and now serve as its activities, and we know that there are stealth capabilities, the F/A–22 is able ranking member. It is in this capacity numerous other defense activities for to penetrate an opponent’s airspace that I rise to express my dismay to which no permit has even been sought. and engage enemy aircraft at great learn that the bill agreed to by the Yet not once did the leadership of the ranges. Additionally, unlike our cur- conference committee includes signifi- Senate Armed Service Committee rent air superiority fighter the F–15C, cant changes to legislation under Com- reach out to consult with me or my the F/A–22 will be able to engage inte- merce Committee jurisdiction—the staff on these provisions that will af- grated surface-to-air missile systems. Marine Mammal Protection Act, fect over one-third of the activities Once again using stealth technology, MMPA. The changes include modifica- that it regulates. the F/A–22 will be able to approach tions to some of the most fundamental We still plan to take up reauthoriza- these missile sites and destroy them, standards providing protection of mation of the MMPA in our committee, utilizing internally carried GPS-guided rine mammals under the MMPA. and we still have oversight of its imple- bombs. The F/A–22, using this bombing I am proud to have been one of the mentation. I intend to work with my capability, will also have the ability to original authors of the MMPA back in colleagues on the committee to care- track and launch attacks against 1972. Overall, it has worked extremely fully monitor how these changes are

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.111 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14485 interpreted, to ensure that activities In their joint report language, the an immediate start to the program and al- that could have real impacts on marine conferees agree that this section lows us to purchase the last 80 aircraft at mammals do not fall off the radar would—quote—‘‘authorize the sec- time of delivery. screen, as it were. MMPA was written retary to enter into a multiyear pro- I appreciate the support that you have provided in the past and look forward to work- the way it was because we are still curement program, using incremental ing you in the future. If you require further learning about how various activities funding’’ for the 100 aircraft pilot pro- information, please do not hesitate to con- may impact marine mammals. We gram. tact me. A similar letter has been sent to the must ensure that under these new This language means the multiyear chairmen and ranking minority members of standards, the lack of perfect science is procurement program authorized by each of the defense committees. not used as a basis to avoid the mitiga- Section 135 would allow the Air Force Sincerely, tion of potential impacts. to make payments as agreed to in the PAUL WOLFOWITZ, Mrs. MURRAY. Madam President, as contract. Deputy Secretary of Defense. we work to complete the Defense au- Furthermore, the language states Ms. MIKULSKI. Mr. President, I am thorization bill, we are reminded of our that the Air Force would not be re- here to stand up for our troops. I am obligation to the brave men and women quired to have the full budget author- going to vote for the Defense Author- of our military. They are protecting us ity required to purchase an aircraft in ization Act because it will give our at home and abroad. order to place an order for that aircraft troops the tools they need to fight the Congress must make sure they have under the contract. battles today and in the future. Every the equipment and resources they need. I would like to point out that Section day our soldiers are fighting a war on Two years ago, our country was at- 135 was written after extensive negotia- many fronts, including in Iraq and Af- tacked. Suddenly, we have to project tions between the Congress and the De- ghanistan. In Iraq soldiers are risking sustained military force around the partment of Defense. their lives every day, while their loved world, and we had to protect our skies The agreement reached on Section ones at home are praying for their safe at home—and we had to do it quickly. 135 is based in part upon a letter sent return. Our troops are making grave But as our tanker fleet embarked on on November 5, 2003 to the chairman sacrifices, some losing their lives in more than 30,000 air refueling missions, and ranking member of the Senate service to our Nation. Their families, we found that our 43-year-old tanker Armed Services Committee by the Dep- their husbands and wives, parents and fleet was outdated, too often down for uty Secretary of Defense, Mr. children, are also making sacrifices. It repairs, and too expensive to maintain. Wolfowitz. is the responsibility of Congress to pro- This conference report provides the The language included in Section 135 vide the weapons, vehicles, and tools Air Force with the ability to begin re- of this conference report represents a that our soldiers need to be an effective capitalizing this crucial fleet, with 100 common understanding between the fighting force. new KC–767 air refueling tankers. conferees, the Congress and the Admin- But I also stand up for those who are These tankers will enable our air crews istration on the agreement under protecting the United States of Amer- to do their jobs more effectively, more which the Air Force will execute this ica—our brave, our gallant Federal em- efficiently and more safely. 100 aircraft pilot program. ployees who are out there every day on Success has many authors, and I the front line. I am here to defend the thank my colleagues, including: Chair- In closing, I again thank my colleagues for their help in fulfilling the rights of hard-working civilian employ- ARNER and Senator LEVIN for man W ees in the Department of Defense. their vigilance on this issue and their promise I made to the brave men and When I stand up for America, I want to willingness to work with my Senate women of the 92nd Air Refueling Wing. be able to stand up for what America colleagues and me to ensure the Air Within 3 short years, Fairchild Air believes in. And that includes basic Force gets these 100 tankers: Senators Force Base will be home to the first four of the 100 KC–767 air refueling rights for workers. STEVENS, INOUYE, CANTWELL, ROBERTS, tankers authorized in this bill. I think it is terrible that the DOD is BROWNBACK and CONRAD for their un- Fairchild will get another 16 of these using it’s budget, which is so vital for wavering support for this program over state-of-the-art aircraft just 1 year our troops, as a cover for undermining the last 2 years; and, on the House side, later. the basic rights of dedicated employ- I thank Congressmen DICKS, LARSEN, I ask unanimous consent that the ees. This bill creates a completely and MURTHA, as well as Chairman Wolfowitz letter be printed in the new—and completely unfair—personnel HUNTER and Speaker HASTERT. Fairchild Air Force Base outside of RECORD. system for civilian Defense Depart- There being no objection, the mate- Spokane, Washington is home to the ment employees. The new system un- rial was ordered to be printed in the 92nd Air Refueling wing. dermines the collective bargaining I have been to Fairchild. I have vis- RECORD, as follows: rights of civilian personnel. It weakens ited with the families and talked with WASHINGTON, DC, the rights of DOD employees to appeal the brave men and women who fly November 5, 2003. personnel decisions to an independent Hon. JOHN WARNER, body. It rejects the current salary sys- these tankers. I know the difficult mis- Chairman, Committee on Armed Services, sions these crews handle for each of us tem, and seeks to replace it with one U.S. Senate, Washington, DC. that will leave workers vulnerable to every day. DEAR MR. CHAIRMAN: Thank you again for I promised to give them the best your consideration of the Department of De- the whims of their supervisors. It even equipment we could, and today we’re fense’s proposal to lease 100 KC–767A air- takes away the guarantee of overtime, delivering on that promise. craft. As you know, there has been a vig- weekend, holiday, and hazardous duty After 2 years of work, I am proud orous debate on the best way to get this pro- pay. We should not put a system in that this legislation provides the au- gram started. Your most recent amendment place that distracts Federal employees thority needed for the Air Force to would allow the Air Force to lease no more from doing their jobs and requires enter into a contract for 100 KC–767s. than 20 of the 100 tankers. The Air Force has them to play office politics. developed a proposal to implement that ar- This new civilian personnel system Section 135, of this conference report rangement, and I hope that you will find it authorizes the Air Force to enter into acceptable. will seriously undermine morale, and a contract for the combined lease and Our proposal strikes a necessary balance opens the door to cronyism and polit- purchase of 100 tanker aircraft under between the critical need for new air-refuel- ical patronage. I am tired of the at- the terms and conditions of Section ing tankers and the constraints on our budg- tempts by this administration to re- 8159 of the FY02 Defense Appropria- et. As reflected in the enclosed chart, we in- place our effective civil service system tions Act. tend to lease the initial 20 aircraft and then with one that rejects the rights of This section specifically authorizes buy aircraft at a steady rate of 11 to 13 air- workers. The thousands of civilian Fed- the Air Force to enter into one con- craft per year until delivery of the 100th. We eral employees at the Department of commit to add $2.4B, in Fiscal Years (FYs) tract for 100 aircraft, 20 by lease and 80 2008 through 2010, to the funding profile for Defense are concerned about the secu- by purchase, or if necessary, more than the original proposal to lease 100 aircraft. We rity of our country, and work hard one contract for the same combination also will add $1.4B in FY 2012 to 2013. The every day to ensure that our fighting of aircraft. combination of these added funds achieves forces are the best in the world. Many

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.055 S12PT1 S14486 CONGRESSIONAL RECORD — SENATE November 12, 2003 have served on the front line in the war ing military conflicts. It protects test munitions, care for children, oper- on terrorism, and have lost their lives spouses, children, and parents of sol- ate hospitals and laboratories, and in the terrorist attacks of September diers killed in action, by preserving treat patients. Defense employees de- 11, 2001. I am ashamed that the Defense their ability to file for permanent resi- serve civil service and collective bar- Department wants to take away their dence in the United States. gaining rights, just as other Federal basic rights as workers. Over a dozen immigrant soldiers have workers do. The administration is I think it is terrible that I must been killed in Iraq and these benefits wrong to use this must-pass bill as a choose between supporting our troops are well deserved. These immigration vehicle to deny these workers their and supporting our civilian Federal provisions in the bill are a tribute to basic rights, and I intend to do all I can employees. I am tired of the cynical the sacrifices that these future Ameri- to see that Congress repeals this unfair manipulation of this process. I feel like cans are already making for their assault on these dedicated civilian I am being set up—that if we stand up adopted country. They deserve recogni- workers of the Department of Defense. for the workers, we are somehow or an- tion for their bravery and loyalty to Mr. FEINGOLD. Mr. President, first other getting in the way of national se- the basic ideals and freedoms of our and foremost, I want to thank the curity. I am going to support the 2004 country. Unfortunately, although the members of the United States Armed Department of Defense Authorization bill provides many needed benefits for Forces for their service to our country. because it is important to our Armed our men and women in uniform, it lets These service men and women are per- Forces. You can count on me to con- down their civilian counterparts. forming admirably in the global fight tinue to fight for everyone who is mak- Many of us are extremely dis- against terrorism and the war in Iraq. ing sacrifices for our Nation. Our appointed that the bill undermines fun- They and their families are making troops and our civilian Federal em- damental protections for the 700,000 ci- great sacrifices for the American peo- ployees deserve no less. vilian employees of the Department of ple. I am voting for this authorization Mr. KENNEDY. The Defense author- Defense. legislation to support these people who ization bill contains many provisions Specifically, the report undermines are serving the country with such cour- that provide essential support for our collective bargaining, premium pay, age. military personnel, especially when we the pay and classification system, But this is not an easy vote for me. are asking so much from them in Iraq third party review, and the appeals This legislation contains a number of and around the world. process. Many of the provisions are dis- good provisions, such as much-deserved We have demonstrated our great ap- guised as improvements, when in fact pay raises for our men and women in preciation for them by providing an they undermine years of civil service uniform, expansion of TRICARE health across-the-board military pay raise of protections. insurance to some of the members of 3.7 percent, and a larger raise for mid- Nearly 40 percent of Defense Depart- our Guard and Reserve, concurrent re- career personnel, raising the average ment employees affected are veterans ceipt for disabled veterans, 12 WMD increase to 4.1 percent. The separate who have served the nation proudly. Civil Support Teams, and ‘‘Buy Amer- increases already available for immi- More than 8,000 are activated reservists ican’’ provisions. However, the bill also nent danger pay and the family separa- serving in Iraq and other parts of the contains two particularly bad policies: tion allowance are extended through world. They are protecting us and we the elimination of civil service protec- December 2004. owe it to these patriotic Americans to tions for Department of Defense, or The bill also recognizes the contribu- protect their rights. They take pride in DOD, civilian employees, and the envi- tions of our Reserve personnel, by au- their work, their love their country, ronmental exemptions granted to DOD. thorizing an allowance of up to $1,000 and they have served it with distinc- I am deeply troubled by the provi- per month for Active and Reserve per- tion, often for decades. sions included in the conference report sonnel who experience unusually high The Bush administration has dem- that will effectively eliminate existing deployments. We expand commissary onstrated its intention to undermine civil service protections for the more privileges for Guard and Reserve fam- workers’ again and again. They have than 746,000 civilian Department of De- ily members and we expand health care proposed privatizing up to half the Fed- fense employees. While I think we all coverage both for Guard and Reserve eral workforce. They have created a can agree that some reforms are needed personnel and for their families. Department of Homeland Security that to the civil service system, I am con- The bill increases benefits for fami- doesn’t allow its employees to join a cerned about the administration’s ap- lies whose loved ones have made the ul- union. proach to dismantling this system, in a timate sacrifice, by doubling the death Earlier this year, the administration seemingly department by department benefit to $12,000 and by authorizing stripped clerical and other workers in manner. I opposed the weakening of Survivor Benefit Plan annuities for the Department of Justice and the U.S. the civil service system during consid- surviving spouses of Guard and Reserve Attorney’s offices of their long-held eration of the bill that created the De- personnel who die on inactive duty union membership. They have even partment of Homeland Security, and I training. proposed taking overtime protections would have opposed the provisions in The bill recognizes the toll of these away from more than 8 million hard- this bill if the Senate had considered deployments on children, by providing working men and women. them independently of this conference $35 million in supplemental impact aid It is an affront to these dedicated report. to assist schools with large numbers of Federal workers to deprive them of The civil service system was put into children of military families. their rights, even though no restric- place in order to end the corrupt pa- The legislation also eases the path to tions are placed on the rights of em- tronage system that had permeated citizenship for immigrants who serve ployees of government contractors per- Government hiring and advancement. in our Armed Forces and provides im- forming similar jobs. Under the admin- The provisions included in this con- migration benefits to surviving family istration’s proposal, we could well see ference report will put salary decisions members of those killed in service. Federal workers working alongside pri- into the hands of managers, which 37,000 men and women in the Army, vate workers with the Federal workers could be a slippery slope back to the Navy, Marines, Air Force, and Coast denied the same fundamental rights bad old days of cronyism. I am also Guard have the immigration status of and protections that the private work- concerned that this new system will permanent residents serving in our ers continue to have. limit appeal rights. Armed Forces. Another 12,000 perma- These workers repair planes, ships, Some in the administration have ar- nent residents are in the Reserves and and tanks. They manage the storage gued that the civil service system is the National Guard. and distribution of weapons and sup- rigid and could prevent the administra- The legislation also improves access plies. They manage computer net- tion from acting quickly in the face of to naturalization for lawful permanent works, provide training, analyze intel- an imminent threat. This is not the residents serving in the military. It ligence, investigate crimes, acquire case. The existing civil service system provides expedited naturalization for major weapons systems, perform re- already provides the administration members of the Selected Reserves dur- search on cutting-edge technologies, with broad flexibility, while at the

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.056 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14487 same time ensuring that Federal work- unnecessary. I agree with Senator JEF- pleased that the bill makes a common ers have a consistent framework of FORDS that the Defense appropriations sense commitment on strategic airlift. basic protections, including appeal bill is not the appropriate place to have The bill prohibits any decision to retire rights. this debate. C–5 As until an A-model is completely In addition, I support the right of The administration sought even more modernized under the Avionics Mod- workers to join a union, and I am trou- environmental exemptions than are ernization Program and Reliability and bled by the implication that union contained in this authorization bill. Al- Re-Engining Program and then tested membership is somehow a threat to our though I am disappointed with the infor its operational capability. This will national security. The conference re- cluded exemptions, I am thankful that allow decisionmakers to have the facts port that we are considering today will my colleagues were able to limit the about what capability can be gained undermine existing union representa- damage. from the modernization programs. In tion and collective bargaining agree- I will vote for this bill and for the addition, the Senate has required a ments by allowing the Secretary to good provisions it contains for our men March report updating the military’s create a new labor relations system. and women in uniform and their fami- strategic airlift requirement. We know The expected enactment of these pro- lies. However, I remain deeply con- that the old requirement, defined pre- visions, coupled with the ongoing im- cerned about the administration’s pol- 9–11, pre-Afghanistan, and pre-Iraq, is plementation of the new employment icy on civil service reform and protec- too low. Until we have a more accurate system that was created for the De- tion of the environment. I will support sense of what is really needed, it will partment of Homeland Security, will this flawed bill, but I do so with some be hard for Congress and the military result in more than half of the Federal reluctance and in the hope that the to determine the best way to meet the civilian workforce not being covered by Senate will revisit these seriously need. the basic protections of the civil serv- flawed provisions next year in the Let me now detail my concerns with ice system. proper committees. the environmental and civil service I am equally troubled by the provi- Mr. BIDEN. Mr. President, the fiscal provisions of this legislation. I believe sions included in the conference report year 2004 Department of Defense Au- it is important to balance our national that exempt the DOD from several en- thorization Conference Report provides security needs with the rights of our vironmental laws. The Senate version important benefits as our military per- children and grandchildren to live in a of this bill struck a fair balance be- sonnel continue to do battle in Iraq, country that has clean air and water. tween the need to protect the environ- Afghanistan, the Balkans, South Amer- America is the home to tremendous ment and the need for military readi- ica, and elsewhere. It is not, however, a natural bounty and diversity. Those natural treasures are something we ness. It allowed for some exemptions to perfect bill. I voted for it because I be- hold in trust, not something we should the Endangered Species Act if the Sec- lieve that in a time of war we need to allow destroyed for expediency. As the retary of Interior found that the DOD’s take care of our military personnel and Nation has advanced, we have striven resource management plan effectively our veterans. But, I am concerned that to find ways to balance environmental conserved the threatened or endan- this bill unnecessarily undercuts im- protection with our economic and mili- gered species and that DOD would fund portant environmental protection measures and civil service protections. tary needs. We have done this in our the plan. The conference version de- environmental protection laws, most of stroys this balance by merely requiring I am also troubled by some of the nuclear weapons provisions of the bill. which carry national security waiver that the DOD’s management plan con- provisions. It is still not clear to me fer ‘‘a benefit’’ to threatened or endan- First let me describe some of the key provisions that I do support in this bill. why the conferees felt it was appro- gered species. There is no mention of This bill provides a 3.7 percent priate to make changes to two key en- the need for DOD to fund its manage- across-the-board pay increase and, be- vironmental protection laws without ment plan. The new language means cause of some of the targeted pay taking into account the advice and wis- that the DOD will get exemptions from raises for mid-career personnel, an av- dom of those who oversee that legisla- the ESA merely by having an inte- erage pay raise of 4.1 percent. It also tion daily. grated management plan on paper. The authorizes increases in the critical pay Let me start by saying that I believe purpose of the critical habitat designa- bonus areas of family separation, hos- realistic military training is abso- tion provisions of the ESA is to at- tile fire, and imminent danger pay lutely critical to the survival of our tempt full recovery of species by pre- from October of this year until next military personnel. Until now, we have serving habitat. The current bill falls December. These increases are much managed to balance that need with our short of that promise. needed and well-deserved. desire to safeguard our environment. The assault on our environmental I am also pleased that the bill would This bill allows the Department of De- laws goes further. This conference re- allow the Army to add 2,400 additional fense to get around the Endangered port exempts the DOD from key provi- personnel. I supported adding 10,000 and Species Act, ESA, and to make enforce- sions of the Marine Mammal Protec- would still like to see the number ment of Marine Mammal Protection tion Act, MPPA. It allows, among grow, but this is, at least, a start. Act, MMPA, extremely difficult. With other things, the Secretary of Defense Perhaps most important as we create respect to ESA it is particularly trou- to waive its provisions for 2 years if the new veterans daily, this bill starts to bling since, again, there is a national Secretary believes it necessary for na- live up to our promises to our veterans. security waiver provision in that law. tional security. I have long believed that the commit- In the Senate, we were able to craft a I am committed to supporting a ment we make to the retirement bene- compromise that allowed the Defense strong Endangered Species Act, par- fits of a veteran and the commitment Department to avoid making any new ticularly because of the successes Wis- we make to care for those veterans in- critical habitat designations on instal- consin has had in rehabilitating endan- jured while serving should not be mu- lations that had Integrated Natural gered and threatened wildlife and tually exclusive. This bill takes a very Resources Management Plans that the plants. Recent news accounts of sen- real step toward allowing veterans full Secretary of the Interior had deter- sitive whale population deaths caused concurrent receipt. Military retirees mined would in fact conserve the spe- by high-frequency Navy sonar systems with 20 years of service, active duty or cies on the installation and would be also trouble me. Our troops in Afghani- Reserve Component, and a Purple adequately resourced. This bill does stan and Iraq were expertly trained at Heart or a combat related disability not provide that safeguard. DOD facilities that complied with envi- will be eligible for full concurrent re- In the case of MMPA, this bill pro- ronmental laws. It is my understanding ceipt as of January 1, 2004. The remain- vides a weaker definition of ‘‘harass- that the DOD has never requested an ing retirees who are disabled at 50 per- ment.’’ More extraordinary than that, exemption to the Endangered Species cent and above will get full concurrent the new weaker definition applies not Act. DOD already has the authority to receipt phased in over the next 10 just to military activities, but rather request exemptions from the ESA for years. to any scientific research conducted by national security reasons and this new In addition to the important per- or on behalf of the Federal Govern- provision in the conference report is sonnel benefits of this bill, I am also ment. We have been given no rationale

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.021 S12PT1 S14488 CONGRESSIONAL RECORD — SENATE November 12, 2003 or justification for making it easier for emerging proliferation threat or per- retired Federal employee—the ability federally funded scientists to harm ma- mit the United States to achieve long- to collect full retirement pay and dis- rine mammals. The bill makes it easier standing nonproliferation goals. ability entitlements without offsets. for the Navy to get permits if their ac- I regret that the Congress agreed to There is much work to be done before tivities will have no more than a ‘‘neg- repeal the Spratt-Furse prohibition of we achieve the full equity of concur- ligible impact’’ on marine mammals. I work on low-yield nuclear weapons. I rent receipt for all disabled military also do not see why legitimate Naval am pleased, however, that the con- retirees and I will continue to support activities should not receive the same ference report states that such work these efforts until we finally achieve full scrutiny they have always re- may not commence the engineering de- the goal of full concurrent receipt. ceived. Again, we were not given good velopment phase, or any subsequent This $401.3 billion dollar authoriza- justifications for making such a phase, of a low-yield nuclear weapon tion provides $74.3 billion for the crit- change. At the end of the day, I am unless specifically authorized by Con- ical procurement accounts. In par- very disappointed that the conferees gress. I am also pleased that the Sec- ticular, this bill makes some signifi- agreed to basically allow the Depart- retary of Energy is barred from com- cant strides by providing almost $12 ment of Defense to begin making their mencing the engineering development billion in an area that is critical to the own environmental rules. While they phase, phase 6.3, of the nuclear weap- security of the Nation—our ship- have done a very good job managing ons development process, or any subse- building capacity. It has become more many environmental issues, their quent phase, of a Robust Nuclear Earth and more apparent that as we engage track record is not one that suggests Penetrator weapon unless specifically the forces of terrorism around the complete self-regulation is warranted authorized by Congress. world we have become increasingly de- or desirable. Their job is to fight and Again, I voted for this bill because it pendent on the ability of our Navy to win our nation’s wars. As a democracy, contains many important provisions, not only deliver troops and munitions it is our job to provide them the legal particularly in this time of war. But I to the fight, but to act as the sea base framework that allows them to do am very concerned that some of the from which our forces can operate their job while not sacrificing the na- provisions agreed to by the conferees without restrictions virtually any- tion’s natural treasures. This bill is a are ill-advised and premature. I hope where in the world. step backwards. that we will be able to reconsider them Yet, as a former Chair of the In the area of civilian personnel re- next year. Seapower Subcommittee, I remain conform at the Department of Defense, I Ms. SNOWE. Mr. President, I rise cerned about the Navy’s shipbuilding am again troubled that this bill opens today to speak briefly on the fiscal program, particularly with respect to the door to cronyism and discrimina- year 2004 National Defense Authoriza- the surface combatant force. As part of tion, things from which we have long tion conference report. the 2001 Quadrennial Defense Review, sought to insulate our civil service. I want to acknowledge the leadership the Navy and DoD approved a plan for While I am open to the notion that of the senior Senator from Virginia, maintaining a 310-ship Navy including civil service reform may be in order, I Senator JOHN WARNER, Chairman of 116 surface combatants—cruisers, de- am again concerned that it is being the Armed Services Committee in stroyers and frigates. Partly because of done in an ad hoc fashion and without bringing this bill to final passage. Of continuing concerns about the Navy’s the proper input from the committees course, I must also recognize the rank- uncertainty regarding plans for future that oversee the entire civil service. I ing member, Senator CARL LEVIN. I had surface combatants, last year’s author- believe that we must be wary of the po- the privilege of working with them on ization directed that the Navy notify tential politicization of our workforce. the Committee for several years and I Congress should the number of active The employees of the Defense Depart- can attest that each year they work to- and reserve surface combatant ships ment are highly dedicated professional, gether tirelessly to pass the defense au- drop below 116 and provide an oper- and they must be free from political thorization bill because they under- ational risk assessment based on that pressure. I will be taking a close look stand how absolutely vital this legisla- number. at how the administration goes forward tion is to the effectiveness and well- By the end of fiscal year 2003, the with its new authorities. I will be being of our armed forces. Navy’s surface combatant fleet had watchful that the employees are free For that matter, let me also recog- fallen to 106 ships and in the latest re- from political retaliation and secure in nize every Senator on the committee port submitted by the Navy in June of their jobs so that they can perform for their efforts because this con- this year, the Navy notified Congress their vital tasks to the highest of pro- ference report authorizes the equip- that by the end of fiscal year 2004, it fessional standards. ment, the training, and the operational was their intent to reduce the force of Finally, let me say a few words about funds necessary to support our troops surface combatants to 103 ships. Ac- some of the nuclear weapons provisions who are right now operating across the cording to the Navy, accelerating the in this bill. This conference report does globe to make our Nation and the decommissioning of Ticonderoga- and a good job, on balance, of providing for world more secure. Spruance-class ships will free up funds our cooperative threat reduction and It also reflects the service and sac- for next-generation destroyer programs non-proliferation assistance programs rifice of our troops by making a solid without appreciably raising the oper- in the former Soviet Union. It provides investment in their quality of life by ational risk level to our Naval forces roughly the funding requested by the increasing their pay and enhancing because they are ‘‘significantly less ca- President and, in particular, a needed educational and health care opportuni- pable than the more modern and sur- Presidential waiver provision so that ties for our active duty military mem- vivable AEGIS-equipped DDG–51 class we can continue to help build a chem- bers, our National Guard and Reserve ships that are replacing them.’’ ical weapons destruction facility in troops and their family members. And Therefore, I am encouraged that this Shchuch’ye, Russia. It requires the that is only right, for today we are ask- authorization provides $3.2 billion for Secretary of Energy to study and re- ing a great deal of our gallant young the construction of three DDG–51 port on the possibility of purchasing men and women as they guard our Na- Arleigh-Burke class destroyers for it is and safeguarding excess weapons-grade tion at home and abroad and, of course, these ships, along with cruisers and uranium and plutonium from the inde- risk their lives every day to restore frigates, that provide protection to the pendent states of the former Soviet freedom and prosperity to the op- carriers and amphibious ships deployed Union, so as to ensure that such dan- pressed peoples of Iraq and Afghani- to the Persian Gulf and around the gerous material cannot be diverted to stan. world to prosecute the war on ter- rogue states or terrorists. And it al- This legislation also recognizes that rorism. Moreover, it adds $20 million lows the President to use some Nunn- we owe a continuing debt to those who for the DDG Modernization program to Lugar and non-proliferation funds for have served honorably by phasing-in begin the insertion of advanced tech- projects outside the former Soviet for those with a service connected dis- nologies that will dramatically reduce Union, if he determines that this will ability rated at 50 percent or more the operation and support costs to the fleet assist in the resolution of a critical same benefit available to every other and mitigate the risk of back-fitting

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.101 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14489 these technologies on older ships. regulated parties and interested MMPA gaining. As the new National Security Above all, we must pursue every path stakeholders must be fully understood. Personnel System established in this necessary to provide technologies to Our Subcommittee will address these bill is set in place, the Department our sailors that will ease their work- changes and many other marine mam- must keep faith with its civilian em- load, enhance their training opportuni- mal conservation issues as we proceed ployees and provide for third-party ap- ties and increase the survivability of with full, comprehensive reauthoriza- peals, third-party dispute resolution as their ships. tion of the MMPA. part of the collective bargaining proc- In 2005, the Navy will complete the Importantly, this bill sets aside $63.4 ess and a credible, transparent per- DDG–51 acquisition program, and the billion in the research and develop- formance rating system. next generation of surface combatants, ment accounts to develop the advanced I will be watching closely as the De- the DD(X) and the Littoral Combat technologies our troops will use to partment institutes this new personnel Ship (LCS) are being funded in the re- maintain their technological superi- system to ensure that Federal employ- search and development accounts. Al- ority over their adversaries. Signifi- ee’s rights are not abrogated and that though this authorization provides $1 cantly, conferees authorized $11 billion the highly-skilled civilian defense billion for the continued development for the critical science and technology workforce can continue to stand arm- of the DD(X) and $183 million for the programs which brings us close to the in-arm with their military counter- continued development of the LCS in goal of setting aside 3 percent of the parts to provide for the security of our the RDT&E accounts, there is a loom- defense budget to invest in the ‘‘seed Nation. ing gap in the Shipbuilding and Con- corn’’ of our future military capability. Finally, and most importantly, the version, Navy account for surface com- Much of that S&T investment will be bill continues our commitment to the batants. Without a focused effort on executed at universities and colleges men and women in the armed forces the part of the Navy to commit and in- throughout America. For example, the and their families through the enact- vest in a robust surface combatant pro- University of Maine system has been ment of several important pay and ben- gram, I am concerned not only about on the forefront of the development of efits provisions. First, it includes an the ability of the Navy’s surface com- chemical and biological sensors and de- across-the-board pay raise of 3.7 per- batant force to maintain current oper- contamination systems. The bill pro- cent for all military personnel and ating tempos but the continuing viabil- vides them with $1 million this year to once again provides an additional tar- ity of our shipbuilding industrial base. begin the development of an environ- geted pay raise of 5.25 percent to 6.25 This trend not only applies to surface mentally-friendly photo-catalytic de- percent for the senior non-commis- combatants but to our attack sub- contamination agent that holds much sioned officers and mid-career per- marine fleet as well. Although the promise for the safe and rapid decon- sonnel who are the backbone of our Navy and the Department of Defense tamination of exposed personnel as military. has established a requirement of 55 at- well as for the remediation of chemical There are also a number of provisions tack submarines, the current inventory agent and manufacturing and storage that will directly aid the families of numbers only 54 of those ships. To facilities. service members such as an increase in compound the problem, the Navy con- In addition, this bill also authorizes the family separation allowance from tinues to place submarines such as the $4 million for continued research at the $100 to $250 per month and an increase USS Jacksonville on the list of sub- University of Maine into the structural in the special pay for those subject to marines to be inactivated rather than reliability of fiber-reinforced polymers hostile fire and imminent danger from funding their refueling as a solution to composites in ship assemblies that will $150 to $225 per month. this force structure gap. The Senate help define and ultimately control the This authorization rightly recognizes wisely added $248 million for the refuel- significant property variations found that our reservists and National Guard ing of that submarine and I am pleased in composite plates used in Navy ship troops play an increasingly vital role this report sustained that effort. construction. in the war on terrorism, and extends to I am also disappointed that the con- One of the hallmarks of the Depart- them expanded benefits in critical ferees have included Section 319 in this ment of Defense is the interwoven na- areas such as medical care and special bill, on Military Readiness and Marine ture of the military and civilian per- pay rates. For example, reservists and Mammal Protection. Under the Senate sonnel who work together as our na- their families will now be provided ac- Rules, the Committee on Commerce, tional security team. Civilian workers cess to enhanced TRICARE coverage Science, and Transportation has juris- at DOD work alongside their military including non-mobilized reservists and diction over issues relating to marine counterparts every single day, some- their families who are either unem- mammals, including authorizations for times in the most hazardous condi- ployed or whose employers do not pro- and oversight of the Marine Mammal tions. For example, at the Portsmouth vide health coverage. In addition, re- Protection Act (MMPA). The Sub- Naval Shipyard in Kittery, ME, work- servists and their families will be committee on Oceans, Fisheries, and ers hold a memorial service every year granted the same commissary privi- Coast Guard, which I chair, intends to for the gallant crew of the USS Thresh- leges as active duty personnel. work on reauthorizing the MMPA in its er, lost at sea in April, 1963 with 112 Overall, this authorization provides entirety this Congress, and we have sailors and 17 fellow civilian workers the men and women of our armed held a hearing and numerous briefings from the shipyard. The civilian work- forces with the equipment they need to with all concerned marine mammal in- ers at the Department of Defense work accomplish their mission, the quality terests, including the Navy and the Na- and sacrifice to keep this Nation secure of life they have earned and security tional Oceanic and Atmospheric Ad- and we should recognize their dedica- for their families. I support this legis- ministration. tion and professionalism. lation and urge my colleagues to pass By including Section 319 in this bill, While there are many positive provi- this conference report unanimously be- the conferees have disregarded our ju- sions included in the bill, I am dis- cause in a year when our Nation is fac- risdiction and work on the reauthoriza- appointed that the conferees did not in- ing unprecedented security challenges tion of the Marine Mammal Protection clude all of the personnel reform provi- and dangers, we can do no less. Act, and they have seriously altered sions put forward by my colleagues, Mr. LIEBERMAN. Mr. President, I marine mammal policy in the United Senators COLLINS, LEVIN, SUNUNU and am disappointed that some provisions States. I have serious concerns about VOINOVICH, instead adopting many of in this legislation giving the Depart- their changes to the definition of har- the provisions put forth by the Depart- ment of Defense additional personnel assment, the Department of Defense ment. The current civilian personnel flexibility go too far in weakening the exemption from the MMPA, and the in- system was established over a period of legal protections of DoD civilian em- cidental takings language. Changes of decades in order to protect the rights ployees, who are critical to the mili- this magnitude on behalf of the mili- of the civilian worker in areas such as tary’s performance and to its fighting tary requires oversight and review by merit-based hiring practices, equal pay men and women. I pledge to actively the Commerce Committee, and the im- for equal work, appeals of adverse per- monitor DoD’s implementation of its plications of these changes for other sonnel actions and collective bar- new authority to guard against abuse.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.102 S12PT1 S14490 CONGRESSIONAL RECORD — SENATE November 12, 2003 Throughout the development of this authorized to ‘‘provide for independent As the department, together with the legislation, the administration has third party review of decisions, includ- Office of Personnel Management, pro- tried to push a regressive agenda to do ing defining what decisions are review- ceeds to develop the regulations and away with important worker safe- able by the third party, what third the personnel systems to implement guards—and, in the process, to risk party would conduct the review, and this legislation, I intend to watch opening up the workplace to the standard or standards for that re- closely. I expect the department to pro- politicization and unfair treatment and view.’’ The Secretary may use this provide a fully open process, in close col- to close off important channels of com- vision to expedite the review of deci- laboration with its employees, for de- munication between labor and manage- sions, but not to alter the statutory veloping the regulations necessary to ment. Congress rejected much of this, rights, duties, and protections estab- implement the new personnel authori- but some risks remain. lished in chapter 71 or to compromise ties. And the department should not On the Governmental Affairs Com- the right of parties to obtain fair and implement pay-for-performance or mittee, where I serve as Ranking Mem- impartial review of decision. The mu- other authorities until personnel sys- ber, we worked hard and forged a sen- tual trust required for productive tems are in place, managers are sible bipartisan compromise on these labor-management relations requires a trained, and funding is available, so issues for the department. This legisla- level playing field. that the risks of favoritism, tion, S. 1166, was approved by our com- The conference report also includes politicization, and a demoralized work- mittee by a 10 to 1 vote. The provisions other provisions, which weaken a num- force inherent in this legislation are of S. 1166 were considered by the con- ber of safeguards that we had included kept to a minimum. ferees, and some of our compromises in S. 1166, including the statutory man- Mrs. BOXER. Mr. President, I sup- were incorporated into this conference date that DoD meet standards for the port the fiscal year 204 Department of report. However, at the insistence of quality of its system for rating em- Defense authorization bill. House majority conferees and the ad- ployee performance and that the de- With so many of our young men and ministration, the conference agree- partment phase in its new personnel women deployed in Iraq, Afghanistan ment also includes a number of provi- system to enable the department to get and throughout the world, it is very sions that risk opening up the work- fair and objective processes in place. important that Congress support our place to cronyism and arbitrariness The conferees also included new provi- troops and the important pay increases and undermining established means for sions that would give the Secretary of and personnel benefits in this bill. fairly resolving issues between labor Defense latitude to waive premium pay This legislation authorizes a 3.7 per- and management, so it is important for employees working irregular sched- cent across the board pay increase for that Congressional intent be closely ules or in dangerous situations, and to all uniformed members of the armed adhered to. disregard statutory checks against cro- services and targeted pay raises of 5.25 For example, in the area of collective nyism and politicization in promoting, percent to 6.25 percent for mid-career bargaining, the conference agreement reassigning, and laying off employees. included the provision of S. 1166 stating Finally, even aside from the weak- servicemembers. I strongly support that the Secretary of Defense has no ened employee protections in the legis- these provisions of the bill. These pay authority to waive chapter 71 of civil lation itself, I am very concerned that increases are well earned. service law, which governs labor-man- the department may try to impose its I am also pleased that imminent dan- agement relations. The conferees also new personnel authorities without ade- ger pay at the level of $225 per month retained an amendment, which I had quate preparation and funding. Under and family separation pay of $250 per offered in our committee, assuring that the new system, the department wants month was extended until December 31, the Secretary of Defense cannot choose to use employee performance, rather 2004. With United States troops bearing to bargain only with large national than seniority, to determine salary in- so much of the burden in Iraq, many unions and refuse to bargain with oth- creases. To avoid arbitrary pay deci- military families are having a difficult ers that do not represent large num- sions, however, the department must time making ends meet. Extending bers of Defense Department employees. establish personnel systems that can these benefits is the least we can do. However, the conferees also agreed to make meaningful distinctions in em- But let me be clear. This $401 billion a new provision authorizing the Sec- ployee performance based on appro- Defense authorization bill contains retary of Defense, together with the priate criteria, and managers must be many troubling provisions that will Director of the Office of Personnel adequately trained to use these new make us less secure and that I oppose. Management, to establish a ‘‘labor re- authorities. In evaluating this legisla- First, this legislation repeals a 1989 lations system’’ for the Department of tion last summer, GAO warned that the ban on the research and development of Defense to address the ‘‘unique role’’ of vast majority of DoD’s systems for ap- low-yield nuclear weapons and provides the Department’s civilian workforce. praising employee performance are not funding for research into new bunker- As the conference report makes chap- well-enough established to take on the busting nuclear weapons. Developing ter 71 non-waivable, this new provision task of supporting a meaningful per- new and low-yield nuclear weapons will overrides chapter 71 only where the formance-based pay system. Moreover, not make us safer—it will only lead to new provision and chapter 71 are di- successful projects where pay is based a dangerous escalation in the arms rectly inconsistent with each other. on performance must be adequately race. These provisions send the wrong The new provision authorizing estab- funded, or else pay levels will be deter- message to the rest of the world and lishment of a labor relations system mined by budget constraints rather are based on a flawed strategy devel- does not conflict with the statutory than by the competency and efforts of oped by President Bush that con- rights duties, and protections of em- employees; and colleagues will be pit- templates scenarios for the preemptive ployees, agencies, and labor organiza- ted against each other in competition use of nuclear weapons. tions set forth in Chapter 71—includ- for limited funding for performance Second, this legislation significantly ing, for example, the selection by em- pay, thereby disrupting unit cohesion rolls back environmental safeguards on ployees of labor organizations to be and teamwork. our military bases. The bill prohibits their exclusive representatives, the de- An experienced supervisor at the De- the Secretary of Interior from desig- termination of appropriate bargaining fense Department, quoted in a news ar- nating critical habitat under the En- units, the rights and duties of unions in ticle today about this legislation, well dangered Species Act on any lands representing employees, the duty to expressed these risks in the following owned or controlled by the Department bargain in good faith, the prevention of terms: ‘‘The changes are going to be of Defense if the lands are subject to a unfair labor practices, and others—and swift and we’re going to go into this management plan developed by the such rights, duties, and protections thing blind,’’ he said. ‘‘The worst thing military that provides a ‘‘benefit’’ to will remain fully applicable at the de- we can do to the employees of the DoD the species. the conference report also partment. The conference agreement . . . is to come in and demoralize them gives the military greater leeway to provides that, in establishing a labor by putting in new pay systems that conduct activities that might disturb relations system, the Secretary will be can’t be financed or executed.’’ marine mammals, such as whales.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.061 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14491 Under this bill, the Secretary of De- equipment that they desperately need, existing protections for civilian DOD fense may exempt any action or cat- while protecting the interests of tax- workers. These provisions will set back egory of actions from the requirements payers. This has been accomplished. our efforts to ensure a fair and effec- of the Marine Mammal Protection Act, I want to congratulate my col- tive civil service system. Specifically, if the Secretary deems it is necessary leagues, Senator WARNER and Senator these provisions could weaken collec- for national defense. These environ- LEVIN, for their leadership on the Sen- tive bargaining rights at the local mental rollbacks are unfortunate. I ate Armed Services Committee to de- level, reduce due process protections urge the Department of Defense to velop a solution that will reach our for DOD workers, and scale back ap- take extra care not to abuse these new goals. I also want to thank the Air peals rights along with protections broad authorities. Force and the Department of Defense against favoritism in hiring in the Finally, I am concerned this bill did for working to find the funds that will workplace. not do more to limit sole-source con- carry out this program. Given the recent contributions of our tracting by the Department of Defense. I am particularly proud that the Air civilian workers in the war effort in During Senate consideration of this Force was able to improve our military Iraq and Afghanistan, we should not be bill, I offered an amendment stating capability by procuring an American taking away long-standing protections that the Department of Defense should product. Boeing has been the industry that have helped make the U.S. mili- meet its own goal of replacing leader in the tanker market for fifty tary the strongest in the world. I in- Halliburton’s sole-source contract to years and it has helped ensure our mili- tend to work to ensure effective con- reconstruct Iraq’s oil industry with a tary’s air power dominance. gressional oversight of the implemen- fully competitive contract by August The 767 is built by thousands of men tation of these controversial personnel 31, 2003. and women in my home State and is provisions. It is now November and Halliburton’s sold around the world. I am excited to I am also troubled by provisions in sole source contract is still in place see that because of this legislation, the the bill that would weaken current en- and a new competitive contract has not Boeing 767 tanker will keep our mili- vironmental protections for marine been awarded. I appreciate that the tary flying in the 21st century. mammals and other species. For sev- final bill contains a provision requiring I am also pleased that the bill pro- eral decades, the military services have a report within 30 days on why this vides for our Nation’s veterans. I am demonstrated a strong commitment to sole-source contract has been allowed profoundly grateful for the service of natural resource conservation while to continue. However, it is regrettable America’s veterans and for the sac- fulfilling their primary missions. that conferees did not establish a dead- rifices they have made to defend our Puget Sound is home to many military line for the termination of Nation and our freedom. We have an installations and sensitive species. Halliburton’s sole-source contract. important responsibility to ensure that Based on our experience in Washington Despite these concerns, I want to our veterans are provided benefits and State, I believe that we can have both thank the chairman and the ranking assistance that they deserve. the highest levels of military readiness member of the Senate Armed Services Specifically, the bill authorizes that and natural resource conservation. Committee for their hard work on this the full concurrent receipt will be However, I am very troubled that the legislation. It is a bill that will help phased in over a 10-year period for dis- bill would weaken both the Marine our military men and women who are abled military retirees and National Mammal Protection Act (MMPA) and serving to protect our Nation. Guard and Reservists who have at least the Endangered Species Act (ESA). Ms. CANTWELL. Mr. President, I 20 years of service. In each of the next Both of these acts currently provide rise today to express my support for 10 years, service members will receive significant environmental protections, the Department of Defense authoriza- an additional 10-percent increase, until while providing the military the flexi- tion conference bill before us today. the full concurrent receipt is reached bility to conduct training and other ex- The bill will strengthen our Nation’s in 2014. ercises. Because species recovery ef- military readiness, procure vitally im- The bill also expands the Combat-Re- forts pose unique challenges, I believe portant weapons systems and provide lated Special Compensation Program that amendments to these acts are best for our veterans. At the same time, I that was enacted as part of the Fiscal considered by the Commerce Com- wish to highlight my concerns about Year 2003 National Defense Authoriza- mittee and the Environment and Pub- provisions in the bill relating to civil- tion Act. This year’s bill provides con- lic Works Committee. ian defense workers and the environ- current receipt to military retirees, On balance, however, this bill marks ment. National Guard and Reservists who a major step forward in support of I am pleased that the bill allows the have at least 20 years of service, any America’s soldiers, sailors, marines U.S. Air Force to move forward with retiree who was awarded the Purple and air force personnel and our Na- the KC–767 Global Tanker Transport Heart, or any retiree with a service- tion’s security. I am pleased to vote for program. By allowing the moderniza- connected disability incurred as a di- it. tion of our aging tanker fleet, the bill rect result of armed conflict, while en- Mr. LIEBERMAN. Mr. President, I promotes our national security and the gaged in hazardous service, in the per- rise to express my support for the fis- security of our friends and allies. formance of duty under conditions sim- cal year 2004 Defense Authorization I became involved in this issue more ulating war, or through an instrumen- bill. At the same time, I am compelled than 2 years ago after visiting Fair- tality of war. to state for the record my dissatisfac- child Air Force Base in Washington A strong national defense depends on tion with the process that first delayed State, which is one of the premier bas- active duty forces, Guard and Reserve the conference report for months, and ing locations for the Air Force’s KC–135 personnel, a civilian workforce, mili- then presented the conferees with a refueling tankers. It was clear to me tary contractors and military commu- conference report and a deadline for fil- then, and it is clear to me now, that nities. Civilian workers in my State ing that precluded Senators from fa- these aging planes need to be replaced. play a key role in ensuring that the miliarizing themselves adequately with With an average age of over 40 years, U.S. military is the best-trained and the final product. the KC–135s are the oldest planes in the best-equipped in the world. Over 16,000 Despite my concerns about the proc- Air Force, older than most of the pilots highly skilled and dedicated workers in ess, and my opposition to three specific that fly them and older than virtually the International Association of Ma- provisions in this bill, the men and all large commercial aircraft. chinists Local 160, the Bremerton women in uniform protecting the The bill authorizes a program that Metal Trades Council, and other unions United States need the support this bill will provide the Air Force one hundred and organizations in Kitsap County provides. I commend Senator WARNER KC–767 aircraft by leasing the first help ensure that our sailors have the and Senator LEVIN for their dedication twenty planes and purchasing the re- ships and equipment they need to com- and leadership in bringing this difficult maining eighty. This arrangement is bat terrorism and protect our security. process to a successful conclusion. Our the result of a 2-year effort to find the Accordingly, I am concerned about security depends upon the unrivaled best way to provide our pilots with the provisions in the bill that would erode strength of America’s military and the

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.054 S12PT1 S14492 CONGRESSIONAL RECORD — SENATE November 12, 2003 unmatched skills, dedication and brav- risdiction, was ignored in propounding Such an important bill should not be ery of America’s servicemen and these provisions. I intend to describe at handled in this manner. -women, which they are demonstrating another time my concerns with the Mr. LEVIN. I suggest the absence of on a daily basis. This defense blueprint personnel provisions in this bill. a quorum. ensures that we will be able to con- On the environmental front, I am dis- The PRESIDING OFFICER. The tinue to give our troops in the field the appointed that the conference bill con- clerk will call the roll. best possible equipment, while at the tains unnecessarily broad exemptions The assistant legislative clerk pro- same time preparing them for future for the Department of Defense from an ceeded to call the roll. challenges. The funds authorized in array of environmental protections, Mr. WARNER. Madam President, I this bill will allow our military to con- most of which originated in the House ask unanimous consent that the order tinue to conduct operations with the of Representatives. Without question, for the quorum call be rescinded. intensity and effectiveness that the we can protect our troops and conserve The PRESIDING OFFICER. Without worldwide fight against terror requires. our natural resources—especially our objection, it is so ordered. Secondly, and no less important, our wildlife and marine mammals—at the Mr. WARNER. Madam President, be- military services will be able to con- same time. We have built the strongest tween now and the hour of 2:45, I yield tinue transformation at the pace nec- military force in the world while the such time as I have to the distin- essary to meet the challenges they will Department of Defense has complied guished Senator from Nevada. face in the coming decades. with the same environmental laws as The PRESIDING OFFICER. The Sen- There are many important provisions everyone else. This bill undermines the ator from Nevada. in this bill. I want to briefly highlight protections for wildlife under the En- Mr. ENSIGN. Madam President, I rise ones that I think are particularly im- dangered Species Act by allowing an today to make some brief comments portant. First, the strength of our mili- Integrated Natural Resources Manage- about the Defense authorization bill. tary depends primarily on the men and ment Plan certified in writing to con- First, I compliment the chairman women who are serving with such dedi- fer an undefined ‘‘benefit’’ on species to and ranking member for working hard cation and courage. They deserve fair substitute for critical habitat designa- on this legislation. I also thank the compensation and adequate support for tion. Unlike the Senate’s bill, the con- professional staff, both on the com- their families. This bill authorizes crit- ference bill does not require the De- mittee as well as the personal staffs. It ical increases in pay and improvements partment of Defense to fund or dedi- was my first year on the committee, in their quality of life that are so im- cate resources to implement or mon- and it was an incredible process. There portant to America’s soldiers and their itor the plan; or the Department of In- were many controversial and complex families. This bill increases base pay terior to determine that the plan will issues on which we worked together. by 4.1 percent, increases family separa- effectively conserve species within the In the end, we have done a lot for the tion allowance, increases hostile fire lands it covers. While I would hope members of our military, our Armed pay, authorizes the first increment of that the Department of Defense would Forces serving in this country and concurrent receipt for disabled retir- feel obliged to dedicate sufficient re- around the world. With the global war ees, expands commissary access for Se- sources, the country would be better on terrorism, these issues have become lected Reserve members and their fam- served to have required it. more important than ever: To make ilies, and enhances health care benefits The bill’s changes to the Marine sure they have the resources to fight for reservists. I am particularly pleased Mammal Protection Act for military the global war on terrorism and to en- that we have made progress in increas- readiness and federally funded sci- sure a quality of life so we can maining the benefits for our reservists and entific research activities were not tain the all-volunteer professional their families, because they are bear- part of the Senate’s bill. Quite simply, armed services we have. ing an important share of the sacrifices they may have disastrous consequences Several issues covered in my sub- our military is making for our defense. for whales and other species living off committee, the Readiness Sub- We have also included important pro- our Nation’s coasts. For example, the committee, were very important. We visions to maintain the momentum in Marine Mammal Protection Act’s core have a problem with our ranges. Deal- transforming our military services. prohibition against taking actions with ing with readiness, we have to have the The Airland Subcommittee, where I the potential to injure or disturb ma- proper training facilities. This bill have the honor of serving as Ranking rine mammals has been severely weak- helps us address some of those issues. Member, under the able leadership of ened. Now, only acts that injure or The military does such a fabulous job Senator SESSIONS, has fully supported have the significant potential to injure protecting the environment on its the critical programs for transforming marine mammals, or that are likely to training ranges that the use of those the Army and Air Force, such as the disturb their behavioral patterns to the ranges almost became threatened. This Army’s interim brigades and the Fu- point of abandonment or significant al- bill makes sure that the training ture Combat System, and the Air Force teration, are prohibited. And these ranges and the environment are pro- F–22 fighter and the Joint Strike changes also are an unnecessary inter- tected, while the military can still use Fighter. I am also pleased that we have vention into the work of the com- the training ranges. That was a very included a provision to improve the De- mittee with expertise. They come just important part of this Defense author- partment of Defense’s capacity to ex- as the Senate and House committees ization bill. pand high speed high bandwidth capa- with jurisdiction over these questions I also think about what we have done bilities for network centric operations, have begun their work of reauthorizing for military families. That cannot be which is critical for our military to ex- the Marine Mammal Protection Act. I overemphasized because of the sac- pand it’s military dominance. only hope the committees will revisit rifices they make for this country. It is Despite my approval of the bill, I op- these provisions in the reauthorization not just the people in uniform, but it is pose some of the labor/personnel and of that legislation. the families and the sacrifices they environmental provisions contained in In closing, let me express my con- make for the country. It is important the legislation, and I did not sign the cerns about how the conference was that we take care of their quality of conference report to signal my dis- managed. It is unfortunate, in my life. I am very proud of the work we agreement with these provisions. I am view, that on an issue as important as have done in this Defense authoriza- disappointed that some provisions giv- this—the very essence of our Nation’s tion bill. ing the Department of Defense addi- ability to wage the current war against I hope next year we can complete tional personnel flexibility went too terrorism and at the same time prepare this bill earlier in the year, before De- far in weakening the legal protections for unknown challenges in the future— fense appropriations is done, because it of DOD civilian employees who are that it took months to reach a con- is a better way to do it. The issues are critical to the military’s performance sensus on this bill and that the final complex. Many times they are con- and to its fighting men and women and conference report was presented to all troversial. But we have to be willing to that key work of the Government Af- members with inadequate time to re- put our personal interests, our party’s fairs Committee, which has primary ju- view the final product prior to filing. interests behind the interests of our

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.105 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14493 Nation and the interests of our mili- Mr. WARNER. Madam President, I Senate provisions that authorize an ex- tary. thank our colleague for his kind re- pansion of our cooperative threat re- The Defense authorization bill is one marks. I simply say, spoken like the duction programs to countries outside place where we can join hands across true son of a great United States Sen- the former Soviet Union. the aisle, as we have done on so many ator, with whom I was privileged to The provision authorizing the estab- issues this year, and continue to work serve and who emulated all of the char- lishment of a new National Security to make sure our military is so far su- acteristics the Senator from Arkansas Personnel System did not come out en- perior to any other military in the has bestowed on me, undeserving as tirely the way I would have liked, but world that if there is ever a question they may be, one David Pryor. the Senate was able to include a num- whether we go into battle, we know we The PRESIDING OFFICER. The Sen- ber of important protections for civil- have the upper hand. ator from Michigan. ian employees at the Department of Madam President, I thank the chair- Mr. LEVIN. Madam President, I Defense. Senator COLLINS’ strong com- man for all the great work he has done. thank our dear friend, MARK PRYOR. mitment to a bipartisan, fair, and bal- I yield the floor. Senator WARNER and I came together anced approach to this issue made this Mr. WARNER. Madam President, I and we came with his father at the a far better provision than it would thank my distinguished colleague for same time. His dad and his mother, otherwise have been. his remarks and, more importantly, his Barbara, have been dear friends of ours. The conference report contains a active participation in our committee’s MARK PRYOR has made an extraor- number of other provisions that con- work throughout this year. dinary contribution as a new Senator cern me. For example, I believe that Mr. LEVIN. Madam President, I ask to this body and to our Armed Services provisions addressing the Endangered unanimous consent that the Senator Committee. He has made a great con- Species Act and the Marine Mammal from Arkansas be recognized for 2 min- tribution. We are grateful for that and Protection Act go beyond what is need- utes immediately prior to the vote. for his remarks this afternoon. ed to address the legitimate needs of ORDER OF PROCEDURE Mr. President, I rise once again to the Department of Defense. I am also Mr. REID. Reserving the right to ob- join with Senator WARNER in urging disappointed by the outcome of the ject, Madam President, we have the the Senate to adopt the conference re- conference on nuclear weapons issues, military construction conference report on H.R. 1588, the National Defense which take the United States in a dan- port coming up right after the vote, Authorization Act for fiscal year 2004. gerous new direction. and there is no time set for the two As we stand on the floor of the Sen- Despite my concerns about these managers to speak. ate today, America’s armed forces are issues, I will vote for this conference I ask unanimous consent that there engaged in military operations around report because it contains so many be 4 minutes equally divided for the the world on a scale unknown since the other provisions that are so important two managers of the bill to speak prior end of the Vietnam war nearly three for our national defense and for our to that vote. decades ago. According to the latest re- men and women in uniform. I urge my The PRESIDING OFFICER. Without ports, we have 132,000 troops deployed colleagues to join me in supporting objection, it is so ordered. in Iraq with an additional 87,000 serv- this conference report, which will help Is there objection to the extra 2 mining in support roles outside of Iraq. We provide our military the training and utes? Without objection, it is so or- have 9,000 troops in Afghanistan, with equipment that they need and the com- dered. an additional 35,000 serving in support pensation and benefits that they de- The Senator from Arkansas. roles. Tens of thousands more soldiers, serve. Mr. PRYOR. I thank the Chair. sailors airmen and marines are de- Thanks again to Senator WARNER Madam President, I rise today in sup- ployed elsewhere around the world. and both our staffs, who we specifically port of the 2004 Defense authorization In the last 2 years, we have also seen thanked last night for all their work conference report. Even though there the largest sustained callups of Na- which made this conference report pos- are some provisions I am disappointed tional Guard and Reserve components sible. in—some of the environmental matters since the Vietnam war. We have seen The PRESIDING OFFICER. All time and how those issues got worked out, units deployed for extended periods, has expired. The question is on agree- and a few other issues, and I don’t want and repeated deployments of the same ing to the conference report. units. Throughout this period, our men to dwell on the negative—there are two Mr. WARNER. Madam President, I and women in uniform have shown ex- reasons I signed on to the conference ask for the yeas and nays. report and why I encourage my col- traordinary ability, professionalism, The PRESIDING OFFICER. Is there a leagues to vote for this conference re- and dedication, conclusively dem- sufficient second? port. onstrating once again that they are by There appears to be a sufficient sec- Those two reasons are sitting right far the best trained, best equipped, best ond. The clerk will call the roll. in the front, Senator JOHN WARNER and disciplined, most highly skilled and The assistant legislative clerk called Senator CARL LEVIN. They have dem- motivated military force in the world. the roll. onstrated a true spirit of bipartisan- Nonetheless, there are indications that Mr. REID. I announce that the Sen- ship. It has been a great model for me the unprecedented demands we have ator from North Carolina (Mr. ED- as a new Senator to sit on this com- been placing on our Armed Forces are WARDS) and the Senator from Massa- mittee and watch these two Senators starting to have an impact on morale. fight for their causes but do it in a I will vote for this conference report chusetts (Mr. KERRY) are necessarily very fair and open manner and deal because it contains so many important absent. with each other in such a constructive provisions for our national security I further announce that, if present way. I thank them for their leadership. and for our men and women in uniform. and voting, the Senator from Massa- They worked through dozens and doz- It includes an across-the-board mili- chusetts (Mr. KERRY) would vote ens of very difficult issues. Nobody got tary pay increase, along with a series ‘‘yea.’’ their way completely. But they showed of other increased pays and benefits for The PRESIDING OFFICER. Are there great leadership and great stewardship. our men and women in uniform and any other Senators in the Chamber de- I want to publicly acknowledge them their families. The conference report siring to vote? and thank them, especially Chairman includes Senator HARRY REID’s amend- The result was announced—yeas 95, WARNER because he has been extremely ment on concurrent receipt; Senator nays 3, as follows: fair to the minority. DASCHLE’s amendment on TRICARE; [Rollcall Vote No. 447 Leg.] Again, we don’t always get our way, Senator KENNEDY’s amendment on ex- YEAS—95 but I think he has demonstrated the pedited citizenship for lawful immi- Alexander Biden Bunning camaraderie and the comity that we grants serving in the military; and an Allard Bingaman Burns should have in the Senate. increase in Army troop strength on Allen Bond Campbell Baucus Boxer Cantwell The PRESIDING OFFICER. The Sen- which Senator JACK REED played a Bayh Breaux Carper ator from Virginia. leading role. It includes important Bennett Brownback Chafee

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.041 S12PT1 S14494 CONGRESSIONAL RECORD — SENATE November 12, 2003 Chambliss Grassley Murray tion’s request was $1.6 billion below the usually do—a respectable compromise Clinton Gregg Nelson (FL) amount appropriated last year. Even among competing priorities. Cochran Hagel Nelson (NE) Coleman Harkin Nickles with an allocation slightly above the I would like to express my deepest Collins Hatch Pryor President’s request, this conference appreciation to the ranking member on Conrad Hollings Reed agreement provides $1.4 billion less the military construction appropria- Cornyn Hutchison Reid than last year. tions subcommittee, Senator DIANNE Corzine Inhofe Roberts Craig Inouye Rockefeller Compounding this difficulty were two FEINSTEIN of California. We have Crapo Johnson Santorum very different points of view about worked extraordinarily closely Daschle Kennedy Sarbanes military construction on the part of throughout this process—and through Dayton Kohl Schumer DeWine Kyl the Senate and House this year. The two supplemental appropriations bills Sessions Dodd Landrieu administration is in the midst of the passed this year—and I have appre- Shelby Dole Lautenberg most sweeping restructuring of our ciated her counsel as we have faced Domenici Leahy Smith Dorgan Levin Snowe overseas basing structure since the end these difficult issues. Her staff, Chris- Durbin Lieberman Specter of World War II. This restructuring will tina Evans and B.G. Wright, worked Ensign Lincoln Stabenow involve the closure of hundreds of in- hand in hand with my staff, Dennis Stevens Enzi Lott stallations, the construction or expan- Ward and his assistant, Sean Knowles. Feingold Lugar Sununu Feinstein McCain Talent sion of perhaps dozens more, the return I don’t think a better cross-party Fitzgerald McConnell Thomas of significant numbers of U.S. troops to working relationship exists in the Sen- Frist Mikulski Voinovich the continental United States, and ate. This truly has been bipartisan ef- Graham (FL) Miller Warner Graham (SC) Murkowski Wyden major changes to the way our Nation fort. They have worked together to stations and deploys its armed forces. make the very best military construc- NAYS—3 This plan is still very much a work in tion bill that could possibly be made. Akaka Byrd Jeffords progress. In testimony and briefings by I thank Senator FEINSTEIN for her en- NOT VOTING—2 Defense Department officials and mili- gagement and willingness to work to- Edwards Kerry tary commanders this year—at this gether for our military. I am pleased to present the fiscal The conference report was agreed to. time—the scope, timing, and cost are Mr. WARNER. Madam President, I not yet determined. year 2004 Military Construction appro- In the face of this uncertainty, the move to reconsider the vote. priations conference report and rec- Senate was unwilling to commit pre- Mr. LEVIN. I move to lay that mo- ommend its adoption by the Senate. maturely to all of the new construction The PRESIDING OFFICER. The Sen- tion on the table. The motion to lay on the table was proposed for U.S. facilities in Europe ator from California. Mrs. FEINSTEIN. Madam President, agreed to. and Korea, and instead chose to shore up badly needed investment in U.S. I thank the chairman of the committee f military facilities in the United States. with whom I have had the pleasure of APPROPRIATIONS ACT, 2004— The House chose a different ap- working now for a number of years. I CONFERENCE REPORT proach, voicing many of the same con- want to say this: She has done a fine The PRESIDING OFFICER. Under cerns as the Senate but agreeing never- job. There was a very difficult con- the previous order, the Senate will pro- theless to fund most of the overseas ference situation. The House and the ceed to the consideration of the con- construction. To pay for that construc- Senate bills were very different. In the ference report to accompany H.R. 2559, tion the House made significant cuts to first place, we received $1 billion less in which the clerk will report. the President’s priorities for domestic allotment to work from; that is, 14 per- The bill clerk read as follows: military construction spending, includ- cent less. In the second place, the The Committee of Conference on the dis- ing nearly $50 million from already un- House bill went in one direction and agreeing votes of the two Houses on the derfunded programs for the National our bill went in another. It is really amendment of the Senate to the bill (H.R. Guard. These different priorities set thanks to the chairman for her very 2559) making appropriations for military the stage for the difficult conference shrewd bargaining with the House that construction, family housing, and base re- we have just concluded. we have a bill and that we have a bill alignment and closure for the Department of Fortunately, I believe we have craft- as good as this bill is. Defense for the fiscal year ending September ed a conference agreement that accom- This is a difficult time. We try to do 30, 2004, and for other purposes, having met modates the most pressing authorities the most we can with barracks and have agreed to recommend and do rec- of both chambers and the administra- ommend to their respective Houses as fol- schools and centers for our troops both lows: tion within the funding we were allo- in this country and abroad. That the House recede from its disagree- cated. The Senate agreed to reinstate a I want to say to those Members who ment to the amendment of the Senate, and number of projects in Europe for which had adds and had to have those adds agree to the same with an amendment, our commander there, General Jones, cut that I am very sorry. We had to signed by all of the conferees on the part of made personal appeals. After hearing reconcile the two bills, and that was both Houses. from General LaPorte, we also pro- very difficult. (The conference report is printed in vided funding for two additional bar- But Senator HUTCHISON did a super the proceedings of the House in the racks projects in Korea on the condi- job. I thank her very much. RECORD of November 4, 2003.) tion that a facilities master plan and At a time when American troops are The PRESIDING OFFICER. There cost-sharing arrangements with the continuing to fight the enemy in Iraq are now 4 minutes, equally divided. Korean government are completed be- and Afghanistan, it is imperative that Mrs. HUTCHISON. Madam President, fore construction on these projects be- Congress do its part and provide the I am pleased to present the fiscal year gins. Funding for domestic projects funds necessary to support the infra- 2004 military construction appropria- was decreased somewhat but we were structure requirements of our service tions conference report for the Senate’s successful in reinstating $108 million in members and their families. consideration. This bill provides $9.316 cuts made by the House to the Presi- I wish we could do more. The 2004 billion for military construction, fam- dent’s budget request, including over military construction conference re- ily housing, and base realignment and $42 million for sorely needed Guard port provides $9.3 billion for a myriad closure activities for the Department projects. The conferees also agreed to of mission-critical and quality-of-life of Defense for fiscal year 2004. create a commission that will study construction projects in the United The negotiations over this conference the structure of our overseas bases in States and overseas, including bar- report were uncharacteristically long light of changing political and military racks, schools, hospitals, and family and difficult for a military construc- circumstances and provide Congress an housing units. That is the good news. tion bill. This difficulty stemmed from independent assessment of our future The bad news is that this conference two sources. First, and quite simply, basing requirements overseas. report is more than $1 billion below the there is less money this year for mili- In short, the conference agreement amount Congress appropriated for military construction. The administra- represents what conference agreements tary construction last year. And yet, as

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.018 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14495 old infrastructure continues to deterio- U.S. bases before embarking on this ef- H.R. 2559, MILITARY CONSTRUCTION APPROPRIATIONS, rate and new missions require new fa- fort. 2004.—SPENDING TOTALS—CONFERENCE REPORT— cilities, the military’s infrastructure Even with those reservations, this Continued requirements are growing, not declin- conference report includes $354 million [Fiscal Year 2004, $ millions] ing. for projects at enduring installations General In the process of completing this bill, in Europe, $169 million for the NATO Category purpose Mandatory Total the Senate conferees had to balance a Security Investment Program, which number of meritorious projects against provides the U.S. share of funding for Outlays ...... 10,320 0 10,320 Senate-passed bill: 1 available funds and military priorities, NATO construction projects, and $89 Budget authority ...... 9,308 0 9,308 and we had to make some tough cuts. million for U.S. military projects in Outlays ...... 10,311 0 10,311 Because of the scarcity of resources Korea. CONFERENCE REPORT made available by the administration As I said before, I wish we had more COMPARED TO Senate 302(b) allocation: for military construction, and the dif- resources to devote to infrastructure Budget authority ...... 112 0 112 fering philosophies between the House requirements for our military. The Outlays ...... 38 0 38 2003 level: and Senate military construction sub- need is real, and I hope that the admin- Budget authority ...... ¥1,323 0 ¥1,323 committees, this has been an espe- istration will request more money for Outlays ...... 226 0 226 President’s request: cially difficult year. However, the military construction next year, so Budget authority ...... 193 0 193 House and Senate conferees were able that we do not have to continue to jug- Outlays ...... 15 0 15 House-passed bill: to bridge most of their differences and gle priorities and postpone funding ur- Budget authority ...... 120 0 120 provide the best package possible under gently needed facilities. Outlays ...... ¥35 0 ¥35 Senate-passed bill: the circumstances, and I commend Again, I thank Senator HUTCHISON Budget authority ...... 120 0 120 ¥ ¥ Senator HUTCHISON for her persever- for her leadership on this sub- Outlays ...... 26 0 26 ance in achieving that goal. committee, and I also thank the sub- 1 Includes $112 million in BA and $38 million in outlays of non-emer- There are many good items in this committee staff, including Christina gency spending (provided by the Emergency Supplemental for Iraq and Af- ghanistan, PL 108–106) that the President did not request and the Con- legislation. The conference report pro- Evans and B.G. Wright of the minority gress did not designate as a contingent emergency as is required by section vides more than $5 billion for military staff, Dennis Ward and Sean Knowles of 502(c) of H. Con. Res. 95, the 2004 Budget Resolution. Note.—Details may not add to totals due to rounding. Totals adjusted for construction, including $730 million for the majority staff, and Chris Thompson consistency with scorekeeping conventions. the Guard and Reserve components, of my staff. nearly double what the President had I urge my colleagues to support this Mrs. HUTCHISON. Madam President, requested. The bill includes $1.2 billion measure, and I yield the floor. I call the question and ask for the yeas for barracks, $176 million for hospitals Mr. NICKLES. Mr. President, the and nays. and medical facilities, and $3.8 billion conference report to accompany H.R. The PRESIDING OFFICER. Is there a for family housing construction and 2559, the 2004 Military Construction ap- sufficient second? maintenance. propriations bill, provides $9.4 billion There is a sufficient second. The legislation also establishes an in discretionary budget authority and The question is on agreeing to the Overseas Basing Commission to assess $10.3 billion in discretionary outlays in conference report. the adequacy of U.S. military installa- fiscal year 2004 for Military Construc- The clerk will call the roll. tions overseas and to review the De- tion and Family Housing appropria- The bill clerk called the roll. fense Department’s planned restruc- tions. The $10.3 billion in outlays in- Mr. REID. I announce that the Sen- turing of the deployment of U.S. forces cludes outlays from previously enacted ator from North Carolina (Mr. ED- overseas. This could not be a more legislation. WARDS) and the Senator from Massa- timely initiative, given the Defense The bill is $112 million in budget au- chusetts (Mr. KERRY) are necessarily Department’s plans to make sweeping thority and $38 million in outlays absent. changes in the U.S. military footprint above the Subcommittee’s 302(b) allo- I further announce that, if present in Europe and Korea. cation. These totals result from the and voting, the Senator from Massa- Overseas basing issues were among $112 million in non-emergency funds chusetts (Mr. KERRY) would vote the most difficult that the conference enacted in P.L. 108–106, the 2004 Iraq ‘‘yea.’’ had to deal with this year. In the mid- supplemental, that count against the The PRESIDING OFFICER. Are there dle of the budget cycle, the Defense De- bill’s 302(b) allocation. The bill pro- any other Senators in the Chamber department announced a sweeping re- vides $193 million more in budget au- siring to vote? structuring of U.S. installations in Eu- thority and $15 million more in outlays The result was announced—yeas 98, rope and Korea. I support the Defense than the President’s budget request. nays 0, as follows: Department’s review of our overseas The bill provides $1.3 billion in budget [Rollcall Vote No. 448 Leg.] installation requirements—it is prob- authority less and $226 million in out- YEAS—98 ably long overdue—but there are many, lays more than the 2003 enacted level. Akaka Daschle Landrieu many elements to a restructuring of I ask unanimous consent that a table Alexander Dayton Lautenberg the magnitude envisioned by the Sec- displaying the Budget Committee scor- Allard DeWine Leahy ing of the bill be printed in the Allen Dodd Levin retary of Defense, and it is not some- Baucus Dole Lieberman thing that should be rushed. Senator RECORD. Bayh Domenici Lincoln HUTCHISON and I have discussed this There being no objection, the mate- Bennett Dorgan Lott issue at length, and I believe we both rial was ordered to be printed in the Biden Durbin Lugar RECORD, as follows: Bingaman Ensign McCain have strong reservations about com- Bond Enzi McConnell mitting billions of U.S. taxpayer dol- Boxer Feingold Mikulski lars to a new overseas basing structure H.R. 2559, MILITARY CONSTRUCTION APPROPRIATIONS, Breaux Feinstein Miller that is a radical departure from the ex- 2004.—SPENDING TOTALS—CONFERENCE REPORT Brownback Fitzgerald Murkowski [Fiscal Year 2004, $ millions] Bunning Frist Murray isting footprint without first seeing a Burns Graham (FL) Nelson (FL) comprehensive plan for the redeploy- General Byrd Graham (SC) Nelson (NE) ment of U.S. troops, and the impact it Category purpose Mandatory Total Campbell Grassley Nickles Cantwell Gregg Pryor will have on installations here at Conference report: 1 Carper Hagel Reed home. Budget authority ...... 9,428 0 9,428 Chafee Harkin Reid Outlays ...... 10,285 0 10,285 Chambliss Hatch Roberts Given the current precarious state of Senate 302(b) allocation: America’s diplomatic relations with a Budget authority ...... 9,316 0 9,316 Clinton Hollings Rockefeller Outlays ...... 10,247 0 10,247 Cochran Hutchison Santorum number of our traditional allies, I also 2003 level: Coleman Inhofe Sarbanes think the administration should redou- Budget authority ...... 10,751 0 10,751 Collins Inouye Schumer ble its efforts to work with govern- Outlays ...... 10,059 0 10,059 Conrad Jeffords Sessions President’s request: Cornyn Johnson Shelby ments in Europe and Korea to gain Budget authority ...... 9,235 0 9,235 Outlays ...... 10,270 0 10,270 Corzine Kennedy Smith their support—both political and finan- House-passed bill: 1 Craig Kohl Snowe cial—for such a massive reshuffling of Budget authority ...... 9,308 0 9,308 Crapo Kyl Specter

VerDate jul 14 2003 04:19 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.017 S12PT1 S14496 CONGRESSIONAL RECORD — SENATE November 12, 2003 Stabenow Talent Warner ticide Maintenance Fees Reauthoriza- VENS for working very closely with us Stevens Thomas Wyden Sununu Voinovich tion Act of 2003 to the VA–HUD appro- to ensure that promises made to vet- priations bill. erans are promises kept. This $1.3 bil- NOT VOTING—2 The authority for the Environmental lion is a dire need. I am ready to give Edwards Kerry Protection Agency to collect these my consent to this amendment, and The conference report was agreed to. maintenance fees for the reregistration the veterans of America will be happy Mr. BOND. I move to reconsider the of pesticides expired 2 years ago. Since because of it. vote. that time, authority has been extended The PRESIDING OFFICER. Is there Mr. REID. I move to lay that motion through riders on the VA–HUD appro- further debate on the amendment? on the table. priations bill. This amendment would If not, without objection, the amend- The motion to lay on the table was provide a long-term authorization that ment is agreed to. agreed to. has been agreed to by the Senate and The amendment (No. 2167) was agreed The PRESIDING OFFICER. The Sen- House Agriculture Committees and a to. ator from Missouri. broad array of stakeholders, including Ms. MIKULSKI. I move to reconsider the vote. f environmental and agricultural groups. This proposal ensures that EPA con- Mr. REID. I move to lay that motion DEPARTMENTS OF VETERANS AF- tinues to collect fees from the industry on the table. FAIRS AND HOUSING AND URBAN of an estimated $20 million per year. The motion to lay on the table was DEVELOPMENT AND INDE- This will cover the costs of reevalu- agreed to. Mr. BOND. Madam President, I thank PENDENT AGENCIES APPROPRIA- ating chemicals first registered prior my colleagues. TIONS ACT, 2004—Continued to 1984, including the cost of 200 EPA Madam President, I also ask unani- employees engaged in this important Mr. BOND. Madam President, is the mous consent to add Senator MILLER of work. The EPA has no alternative but pending business now the VA-HUD ap- Georgia as a cosponsor to amendment to collect these fees or sharply reduce propriations bill? No. 2156. The PRESIDING OFFICER. Yes. their commitment to oversight of these The PRESIDING OFFICER. Without Mr. BOND. Madam President, there chemicals. A slowdown in consider- objection, it is so ordered. are about 45 seconds worth of things ation of these applications is neither in Mr. REID. Madam President, I have that we need to clear up, pending the interest of the environment, nor of spoken to the two managers of the bill. amendments. Then I intend to turn to the farmers or chemical manufactur- The distinguished Senator from New the distinguished minority whip for the ers. Jersey, Mr. LAUTENBERG, has agreed to offering of an amendment, on which we This is a bill that has broad support, allow the Senators from New York and will have a very short time limit. and it is important to get this done Wyoming to go forward. Senators CLIN- I see my colleague, Senator MIKUL- this year, so that it is in place for next TON and ENZI have an amendment to SKI, is in the Chamber. year’s budget. Adoption of this amend- offer. They have agreed to 20 minutes AMENDMENT NO. 2156 ment will ensure that EPA has re- equally divided, followed by a vote on Madam President, I believe we have sources to evaluate and approve safer, or in relation to that amendment, with had a full debate on the Bond amend- more effective chemicals, and that no second-degree amendments in order. ment. I call up the Bond amendment older pesticides are reviewed for safety I ask unanimous consent that be the and ask for its adoption. in accordance with the Food Quality case. The PRESIDING OFFICER. There Protection Act of 1996. I urge my col- The PRESIDING OFFICER. Is there are two Bond amendments pending. leagues to support this amendment. objection? Mr. BOND. This is the Bond amend- AMENDMENT NO. 2167 Without objection, it is so ordered. ment on small engines. Mr. BOND. Madam President, I am The Senator from New York. The PRESIDING OFFICER. Amend- going to send a very brief amendment AMENDMENT NO. 2152 ment No. 2156 is now pending. to the desk that removes the emer- Mrs. CLINTON. Madam President, I Mr. BOND. Madam President, I ask gency designation. The committee has thank the minority whip and the chair- for its adoption. reallocated funds to us so that our bill man and ranking member of the sub- The PRESIDING OFFICER. Is there now comes within the allocation of- committee for an opportunity to dis- objection? fered by our committee. cuss this very important amendment. Without objection, it is so ordered. Madam President, the amendment I call up amendment No. 2152. The amendment is agreed to. was with us in the cloakroom. I apolo- The PRESIDING OFFICER. The The amendment (No. 2156) was agreed gize to my colleague in the chair. Here clerk will report. to. it is. This is it. The assistant legislative clerk read Mr. BOND. Madam President, I ask Madam President, I send this amend- as follows: unanimous consent to add, as cospon- ment to the desk and ask for its imme- The Senator from New York [Mrs. CLIN- sors, Senators MCCONNELL, TALENT, diate consideration. TON], for herself, Mr. ENZI, Ms. CANTWELL, Mr. GRASSLEY, Mrs. MURRAY, Mr. SMITH, Mr. and CHAMBLISS. The PRESIDING OFFICER. The SCHUMER, Mr. WYDEN, Mr. HARKIN, Ms. The PRESIDING OFFICER. Without clerk will report. STABENOW, Mr. KERRY, Mr. DODD, and Mr. The assistant legislative clerk read objection, it is so ordered. LIEBERMAN, proposes an amendment num- AMENDMENT NO. 2158 as follows: bered 2152. Mr. BOND. Next, Madam President, I The Senator from Missouri [Mr. BOND] pro- Mrs. CLINTON. Madam President, I call up the Craig amendment on pes- poses an amendment numbered 2167. ask unanimous consent that reading of ticides. The amendment is as follows: the amendment be dispensed with. The PRESIDING OFFICER. Amend- (Purpose: To remove the emergency The PRESIDING OFFICER. Without ment No. 2158 is now pending. designation on VA Medical Care) objection, it is so ordered. Is there further debate? Beginning on page 9, line 20, strike ‘‘: Pro- The amendment is as follows: Mr. BOND. Madam President, I think vided, That’’ and all that follows through (Purpose: To permit the use of funds for the we have had a full debate on that ‘‘Congress’’ on line 5, page 10. Capital Asset Realignment for Enhanced amendment. I know of no other debate. Mr. BOND. Madam President, it sim- Services (CARES) initiative of the Depart- The PRESIDING OFFICER. If not, ply strikes the emergency clause. I ment of Veterans Affairs for purposes of without objection, the amendment is think there is no debate on that. I ask enhanced services while limiting the use of funds for the initiative for purposes of the agreed to. for its immediate adoption. closure or reduction of services pending a The amendment (No. 2158) was agreed The PRESIDING OFFICER. Is there modification of the initiative to take into to. further debate? account long-term care, domiciliary care, Mr. HARKIN. Madam President, I am The Senator from Maryland. and mental health services and other mat- pleased to have joined Mr. CRAIG in of- Ms. MIKULSKI. Madam President, I ters) fering this amendment to add the Pes- thank Senator BOND and Senator STE- At the end of title I, add the following:

VerDate jul 14 2003 04:19 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.023 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14497 SEC. 116. (a) LIMITATION ON USE OF FUNDS views, a meaningful opportunity to We appreciate the fact that you and your FOR CARES INITIATIVE.—No funds appro- participate in the CARES process. colleague, Senator Mike Enzi, share the Le- priated or otherwise made available for the This amendment is supported by the gion’s concerns on these important matters. Department of Veterans Affairs for a fiscal Sincerely, American Legion, the Eastern Para- year before fiscal year 2005 may be obligated JOHN A. BRIEDEN III, or expended to take any actions proposed lyzed Veterans, the Vietnam Veterans National Commander. of America, and the American Federa- under the Capital Asset Realignment for En- Mrs. CLINTON. The bottom line is tion of Government Employees. hanced Services (CARES) initiative that that this process, which holds such would result in the closure of a Department I want to be absolutely clear, this promise to make sure we have the of Veterans Affairs health care facility, or amendment does not affect, in any reduction in services at such a facility, until right mix of services for our veterans, way, the CARES Commission or the is seriously flawed. the Secretary of Veterans Affairs— VA moving forward on enhancing or in- (1) modifies the Capital Asset Realignment On Sunday, I was with a group of vet- for Enhanced Services initiative national creasing services for our veterans. It erans served by the Manhattan VA. planning procedures to require that no contains explicit language that allows Their concerns range from the blinded changes be made in long-term care, domi- enhancements under CARES to go for- veteran who suffered a service-con- ciliary care, or mental health services with- ward. nected loss of hearing and sight in the out a completed and separate Capital Asset I know the Secretary of the Vet- Realignment for Enhanced Services planning Vietnam war, who cannot possibly get erans’ Administration, a very distin- to any other VA because of transpor- process intended to assess the future demand guished gentleman, certainly has made for such services; tation problems, to the closure of im- (2) modifies the Capital Asset Realignment the case strongly to veterans service portant research that is being done on for Enhanced Services initiative national organizations and to my colleagues that campus in conjunction with the planning process to take into account the that this amendment would stop en- New York University Medical School, impact that any transfer of health care serv- hancements. to the very serious problems raised by ices under the initiative will have on the ac- It absolutely does not. The clear lan- veterans who are getting superb men- cess of veterans to primary outpatient care, guage makes it absolutely positive tal health services and cannot get inpatient hospital care, and tertiary hospital that we are not stopping enhance- care in rural and frontier population areas, them anywhere else if these facilities as defined by the Census Bureau, taking into ments. But what we are doing is say- are closed or the services reduced. consideration such travel matters as road ing: Wait a minute. The process that I wish the VA would hear us on this. conditions, numbers of lanes on roads, and has ended up with recommending the I know they are opposed to it. I know seasonal changes in and other factors relat- closure of many of our VA hospitals, they are concerned about it. But the ing to the weather; three of them in the State of New York exclusion of factors affecting mental (3) modifies the Capital Asset Realignment alone, and the fact that in testifying, health and long-term care is absolutely for Enhanced Services initiative national as my colleague Senator SCHUMER and unacceptable. In fact, the VA has told planning process to permit veterans to tes- I did before the CARES commission in tify at hearings of the Capital Asset Realign- us that next year in the strategic plan, ment for Enhanced Services Commission and Canandaigua, one of the hospitals that they will get to those important serv- reconvenes the Commission for further hear- is on the target list to be closed, the ices. How can we be closing facilities ings on the initiative in regions where the commissioners had to admit they did and not having taken into account Commission has held hearings without per- not take into account mental health those services? mitting veterans to testify; services, domiciliary services, and I ask unanimous consent to print in (4) modifies the Capital Asset Realignment long-term services. the RECORD a letter of support from the for Enhanced Services initiative national I am hoping this amendment will Vietnam Veterans of America and the planning process to hold at least one hearing help us get a handle on some of these regarding the realignment of services under American Federation of Government the initiative within 30 miles of each Depart- decisions that appear to be ill-advised Employees. ment of Veterans Affairs facility that would and not part of a larger plan aimed at There being no objection, the letters experience a realignment of services under helping our veterans and that, in fact, were ordered to be printed in the the national plan for the initiative; and the Department would go back to the RECORD, as follows: (5) submits to Congress a report on the drawing board to develop a plan VIETNAM VETERANS OF AMERICA, Capital Asset Realignment for Enhanced through a fair process that would ex- Silver Spring, MD, November 12, 2003. Services initiative national planning process plicitly take into account mental Hon. HILLARY RODHAM CLINTON, that sets forth the results of the modifica- health, domiciliary, and long-term U.S. Senate, Russell Senate Office Building, tions under paragraphs (1), (2), (3), and (4). care. Washington, DC. (b) AVAILABILITY OF CARES INITIATIVE DEAR SENATOR CLINTON: On behalf of Viet- FUNDS FOR ENHANCED SERVICES.—Notwith- There is much to be said about this nam Veterans of America (VVA), I wish to standing any other provision of law, neither important amendment. thank you and Senator Michael B. Enzi for subsection (a) nor any other provision of law I ask unanimous consent to print in your bi-partisan efforts to ensure that vi- shall be construed to limit the obligation or the RECORD a letter of support from the tally needed veterans health care facilities expenditure of funds under the Capital Asset American Legion. are not closed in a precipitous manner. Your Realignment for Enhanced Services initia- amendment to be offered to the FY04 VA– tive for the provision of enhanced services as There being no objection, the letter was ordered to be printed in the HUD Appropriations bill is a much needed long as the provision of such services does modification of the Capital Asset Realign- not involve the closure of a Department RECORD, as follows: ment for Enhanced Services (CARES) proc- health care facility or a reduction in services THE AMERICAN LEGION, ess that will provide for a cooling off period as such a facility. Washington, DC, November 10, 2003. and full public consideration before any De- Mrs. CLINTON. Madam President, Hon. HILLARY RODHAM CLINTON, partment of Veterans Affairs (VA) medical my cosponsor and I, Senator ENZI of U.S. Senate, Russell Senate Office Building, facility is closed or services further reduced. Wyoming, are offering this amendment Washington, DC. As long as the needed enhancements and new today, which is a bipartisan amend- DEAR SENATOR CLINTON: The American Le- construction contained in the CARES plan gion supports your proposed amendment to ment. The sponsors include Senators can proceed, VVA strongly supports this S. 1584, to limit the use of funds for the Cap- amendment. MURRAY, GRASSLEY, CANTWELL, SMITH, ital Asset Realignment for Enhanced Serv- The process of devising a mathematical WYDEN, SCHUMER, HARKIN, STABENOW, ices (CARES) initiative of the Department of formula for CARES had been underway for KERRY, DODD, LIEBERMAN, and LEVIN. Veterans Affairs, pending a modification to several years before anyone in the veterans Our amendment would prevent any take into account long-term care, domi- service organization community knew about spending directed toward closing or re- ciliary care, mental health care and other this effort. The CARES process is ostensibly ducing services under the so-called issues. designed as a data-driven system. VVA has CARES plan until this plan considers As for the CARES initiative in general, objected for more than a year to the data long-term care, domiciliary care, and The American Legion supports the program. used, and to the civilian formula that is However, in doing so we continue to monitor being inappropriately applied to veterans mental health care, as well as rural the process, share dialogue with the CARES health care needs using that data. The data health care issues. Commission, and have several times ex- is not a needs assessment, but rather a snap- It would also offer veterans, many of pressed concern over the very issues set shot of what services are left after six to whom have not been able to offer their forth in the amendment. seven years of reductions in staff in the core

VerDate jul 14 2003 04:19 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.031 S12PT1 S14498 CONGRESSIONAL RECORD — SENATE November 12, 2003 VA area of specialized services, most par- Wyden, Harkin, Stabenow, Kerry, Levin, and Iraq, Afghanistan and elsewhere, it ticularly in mental health. The original ci- others that would have the effect of pre- sends exactly the wrong message to vilian formula still in use does not address venting any closures until further consider- propose such drastic changes in vet- the special medical needs of the veterans’ ation can be given as to whether these pro- erans’ health care without proper community. posed closures or diminishment of staff are All who served in the military practiced a indeed in the best interest of our nation’s throught and deliberation. Our troops very dangerous occupation. Our wounds, veterans. It is our understanding that this are fighting overseas to defend our val- toxic exposures, and even mental health amendment does not mean that any of the ues and way of life. We owe it to our needs are dramatically different in preva- enhancements, remodeling, or construction current and future veterans to make lence and in kind from those of the general in the proposed CARES plan will be delayed sure that we provide the best health civilian populace. The VA was created to be or stopped. care possible for them and not rush to a veterans’ health care system that address- Again, thank you and Senator Enzi for implement recommendations that pro- es those special needs of veterans, and not your strong leadership on this issue. vide our veterans with less adequate just general health care that happens to be Sincerely, for veterans. The formula that VA is using THOMAS H. COREY, health care. estimates one to three presentations (ill- National President. As a starting point, our bottom-line nesses, medical conditions, or maladies) per goal should be the delivery of high individual, whereas veterans using the VA AMERICAN FEDERATION OF quality health care services to our vet- system average five to seven presentations GOVERNMENT EMPLOYEES, AFL–CIO, erans, delivered as efficiently as pos- per person. As a result, the current formula Washington, DC, November 12, 2003. sible. Unfortunately, the hasty proce- will always underestimate the resources DEAR SENATOR: On behalf of the American dures that the Department of Veterans needed to properly care for veterans. Al- Federation of Government Employees, AFL– Affairs followed to develop these rec- though there were some adjustments made, CIO, which represents 600,000 government ommendations are fundamentally separate from the formula, to increase facili- employees, including 150,000 employees in ties for Spinal Cord Injury (SCI) and for the Department of Veterans’ Affairs (VA), I flawed. Blind and Visually Impaired Rehabilitation, strongly urge you to support the bipartisan Veterans’ health care is too impor- no such adjustment was made for mental amendments on CARES offered by Senator tant an issue to require an adherence health. Hillary Rodham Clinton (D–NY) and Senator to artificial deadlines and hasty rec- The formula simply does not properly ad- Michael Enzi (R–WY). ommendations. With literally the lives dress mental health care needs of veterans, Under VA’s planning process—Capital As- of veterans at stake, the Commission nor long-term care, nor the needs of veterans sets Realignment for Enhanced Services— should not engage in a rush to judg- returning from Iraq and Afghanistan. It is known as CARES, the VA is proposing to ment over closing VA facilities. not surprising that a disproportionate num- close VA nursing homes, domiciliaries, and ber of the targeted facilities are psychiatric inpatient mental health care beds without FAILURE TO CONSIDER LONG TERM, DOMICILIARY facilities. VVA believes that what is needed fully considering how the VA will meet the AND MENTAL HEALTH NEEDS is development of a veterans health care for- surging long-term care needs of elderly vet- As a result of the flawed CARES mula, and a true needs assessment of the en- erans or the needs of homeless veterans. The process, several important factors that tire veterans’ community by geographic Clinton-Enzi amendment would allow the VA are critical to veterans’ health care area. to spend funds to improve and repair facili- have been neglected. In this rushed VVA believes in the concept of steward- ties but would hold in abeyance the expendi- process, the impact of the proposed ship, that it is the task of each of us to leave ture of funds to close or reduce services at things better than we found them. VVA un- changes to long-term care, domiciliary VA facilities until the CARES process ad- care and mental health needs were not derstands and supports the impetus of Sen- dresses VA’s needs for nursing home care fa- ators Bond and Mikulski to force the VA to cilities, domiciliaries and mental health care considered. The exclusion of these im- plan for future needs before providing any delivery. portant factors taints the rec- further construction funds for facilities that VA’s own data projections indicate that in ommendations of the draft national might be abandoned in just a few years. This order to meet the current and future health plan. For example, the Draft National is what led to the CARES process. care needs of elderly veterans the VA will CARES Plan states that its mental VVA also is grateful to Secretary of Vet- need roughly 17,000 additional nursing home health outpatient psychiatric provi- erans Affairs Anthony J. Principi for his re- beds by 2022. The current CARES proposals sponse to the concerns of the veterans’ com- sions are ‘‘undergoing revision’’ and target nursing home beds for closure without ‘‘should be available for next year’s munity about CARES. VVA is also grateful considering how the VA will meet the surg- to CARES Commission Chair Everett Alva- ing demand for veterans’ nursing home and strategic planning cycle.’’ As you can rez and the other distinguished members of adult day care. see from this panel, we found a speech that body for their work in trying to amelio- Veterans deserve access to quality care. on the VA web site in which then-Dep- rate the results of the inappropriate formula Congress must make sure that VA plans for uty Secretary Mackay admitted in and bad data. We also recognize that the current and future veterans’ demand for April that ‘‘As you are also aware, process is not yet over. nursing home care, mental health services However, even though the CARES process there have been aspects of care that and supportive environments like domicil- is not yet finished, the fact that mental have been left out of his CARES plan. iaries. health facilities have been so prominently AFGE strongly urges you to vote yes for Long-term care, domiciliary care, and and inappropriately targeted for closure is the Clinton-Enzi amendment on CARES. If outpatient mental health care were all ample cause for alarm. It is important to you have any questions, please contact determined to need more work before note that the chair of VA Advisory Com- Linda Bennett at 202–639–6456. reliable forecasts could be made.’’ mittee on Serious Mental Illness testified be- Sincerely yours, Incredibly, despite this admission, fore the CARES Commission hearing held in BETH MOTEN, the Draft National CARES Plan pro- the Russell Senate Office Building in Sep- Director, tember 2003 that 65 percent of the organiza- poses reductions in beds in facilities Legislative and Political Action Department. tional capacity that VA possessed in 1996 for that provide mental health services. mental health care is now gone. Mrs. CLINTON. In summary, I am of- Similarly, there is widely expected to It is also important to note that the dire fering this amendment because I be- be an increase in the demand for long shortage of funding of the veterans health lieve that the Draft National CARES term beds for veterans over the next 20 care system, which has become a structural Plan and the process used to develop it years. However, the Draft National shortfall that is widening with each passing are deeply flawed. The Plan has not Plan does not contain any analysis of year, is contributing to the distortions of adequately taken into account the im- plans for proper care for all eligible and how many long-term beds are needed in much deserving veterans in the nation, both pact of these proposals on long term the coming decades and yet still rec- rural and urban residents. After adding addi- care, domiciliary care and mental ommends closing facilities with long- tional funds to the VA–HUD Appropriations health services. The Development of term beds. bill for 2004, currently under consideration, Veterans Affairs needs to go back to During a meeting between members we urge that the Senate work with the Presi- the drawing board and develop its plan of the New York delegation and VA dent to move to address this gross and grow- through a fair process that takes into Secretary Anthony Principi a few ing scarcity of resources at VA medical fa- account all relevant factors and allows weeks ago, Secretary Principi ac- cilities. In summary, VVA supports the amend- veterans to fully participate in the knowledged that a plan for long-term ment you plan to propose, along with Sen- plan’s development. psychiatric needs has not yet been de- ators Enzi, Kerry, Dodd, Lieberman, Cant- At this time in our nation’s history, veloped. With all due respect to Sec- well, Grassley, Murray, Smith, Schumer, with U.S. troops bravely serving in retary Principi and the Commission, it

VerDate jul 14 2003 04:19 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.038 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14499 seems to me that developing a Draft gion already experience at the Canandaigua VA’s day treatment pro- National Plan before developing a plan Montrose and Castle Point Campuses gram. He wrote to me that ‘‘I have a for mental health needs is getting it and their satellite facilities underline lot of difficulty with my short term exactly backwards. A plan for address- the strain the system is experiencing. memory and the thought of losing one ing mental health care should have The Draft National CARES Plan will of the places that I am most familiar been developed before the Draft Na- also have a significant impact on the with bother me. . . . [I]t has taken a tional Plan was released, not after. Castle Point VA. Wait times at Castle long time but I have finally reached a The Draft National Plan’s failure to Point are already too long. With the little bit of independence. By losing consider long-term mental health care closure of Montrose and the shifting of this hospital, I will be losing that inde- has disastrous implications for vet- veterans to Castle Point, the wait pendence. Also, the place that I live is erans around the country, including times are likely to get even worse. In very rural and there are no other facili- thousands in New York. One of the fa- addition, many area veterans have ties in my area. The idea of sitting cilities targeted by the CARES plan is questioned the adequacy of space avail- around the house day after day de- the VA hospital in Canandaigua. I have able for expansion at Castle Point. presses me.’’ visited the VA Hospital at The CARES Draft National Plan rec- Another veteran from Rockland Canandaigua and was greatly im- ommends developing ‘‘a plan to con- County wrote to me about the poten- pressed by the quality of care provided sider the feasibility of consolidating tial closure in Montrose stating that ‘‘I at the facility as well as the over- inpatient care [from Manhattan] at was wounded in 1944 during World War whelming support that the VA hospital Brooklyn.’’ Yet, once again there is no II by shrapnel in the mouth causing has in the community. And indeed, it is requirement that the development of the loss of several teeth. In early 1945, a cruel irony that Canandaigua has this ‘‘plan’’ solicit the input of vet- I was captured by German soldiers and been recommended for closure in the erans. Further, the proposal does not held as a POW until the end of World same year that it received the highest properly take into account how the War II. . . if [Montrose] were to close, facility rating in patient satisfaction consolidation of inpatient care in I would have to travel an additional 45 in the country. Brooklyn will impact the relationship minutes to one hour depending on The omission of mental health care between the New York University weather for treatment at Castle Point needs from the Draft National Plan is School of Medicine (NYU) and the Man- VA Hospital. I am 84 years old and particularly striking because of the ef- hattan VA. The NYU-Manhattan VA transportation is getting more difficult fect that the closure of the relationship, and the high quality of for me. As you know there is no public Canandaigua VA will have on the vet- care for veterans it produces, would be transportation to this facility.’’ erans with mental health care needs imperiled by the potential closure of Our Nation’s veterans have served who are currently receiving care at the the Manhattan VA. their country with distinction. Our na- facility. Veterans at Canandaigua re- Finally, the practical matter of tion made a pact with those who serve ceive a specialized level of treatment transportation deserves an important their country in the Armed Forces—a for mental health illness that is not role in your deliberations. The high commitment that those who served readily available at other facilities. quality tertiary services at the Man- would have access to quality health Further, if the Canandaigua VA were hattan VA attract veterans from New care through the VA hospital system. to close, many veterans would be York, and other states including New Yet this ill-considered and rushed forced to drive long distances for care. Jersey and Pennsylvania. One of the Draft National CARES Plan threatens to undermine our commitment to our As my colleague Senator ENZI has reasons the Manhattan VA is able to pointed out, the CARES national plan serve these veterans is its amazing ac- nation’s veterans. That is we are this has not adequately taken into account cessibility, located, as it is, in the offering legislation in the Senate to halt any spending towards closure or the impact of the recommendations on heart of Manhattan, at the center of a reduction in services until long-term, rural health care. mass transit system that is unmatched domiciliary, mental health care and The Draft National CARES Plan for anywhere else in the Nation. VISN 3 recommends eliminating all in- Since the release of the CARES Draft rural care are adequately considered patient services at Montrose VA hos- National Plan, a frequent complaint and veterans are allowed to fully par- pital and transferring most of these that I have heard from area veterans ticipate in the CARES process. If this services to the Castle Point VA hos- has been that the VA has not been lis- amendment passes, the Department of pital. A decision to follow through on tening to their concerns. Veterans who Veterans Affairs and the CARES Com- mission can begin anew by taking into this recommendation would be a seri- contributed to the VISN 2 market plan, account the proper factors and input ous blow to veterans who currently which called for no closures in VISN 2, from veterans. I urge my colleagues to rely on the Montrose VA hospital for feel betrayed by the decision to over- support the Clinton-Enzi amendment. their care. rule the market plan and call for this I also ask unanimous consent to As I mentioned previously, the need facility’s closure. print the letter from the Eastern Para- for long term beds has not been prop- Further, the VA did not hold hear- lyzed Veterans Association. erly assessed and current projections ings near many facilities on the closure There being no objection, the mate- forecast that there will be a significant list around the nation. Our amendment rial was ordered to be printed in the increase in the need for psychiatry would require new hearings within 30 RECORD, as follows: beds through 2012. In order to ensure miles of a facility where a reduction in EASTERN PARALYZED adequate capacity to handle the pro- services is proposed and require that VETERANS ASSOCIATION, jected case load, local veterans organi- veterans be allowed to testify. November 10, 2003. zations support retaining all services In meeting with the veterans of New Hon. HILLARY RODHAM CLINTON, at Montrose and Castle Point. York, I have learned a tremendous U.S. Senate, Moving inpatient services from amount about the value of the New Washington, DC. Montrose to Castle Point will require, York VA facilities and the quality of DEAR SENATOR CLINTON: The Eastern Para- lyzed Veterans Association strongly supports by VA’s own admission between $85 and health care that is delivered there. And your proposed amendment to S. 1584, the FY $100 million and take at least 5 and as letters to my office from veterans 2004 VA–HUD Appropriations Bill to prohibit maybe as many as 10 years to accom- who use the facility demonstrate, the the Department of Veterans Affairs (VA) use plish. However, the Draft National veterans’ community in New York is of appropriated funds for the implementa- CARES plan provides no explanation united behind keeping these facilities tion of the VA’s Capital Asset Realignment for what will happen to services at open. for Enhanced Services (CARES) initiative Montrose in the meantime. Further, One veteran who wrote to me ex- until CARES addresses such vitally impor- there is no analysis of how veterans plained that he suffered a massive blow tant issues as mental health care, long term care, domiciliary care, and other out- will get services if future budgets do to the head while serving in the Ma- standing issues. We have closely monitored not include enough funds for the tran- rines and suffers from Organic Brain the CARES process since its inception and, sition. The often substantial waiting Syndrome and Organic Affective Dis- while we agree with VA that infrastructure periods that veterans living in this re- order. He currently uses the analysis is necessary, we cannot support the

VerDate jul 14 2003 04:19 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.056 S12PT1 S14500 CONGRESSIONAL RECORD — SENATE November 12, 2003 National plan currently being considered for one’s opinion of that was, how can we The amendment Senator CLINTON in- implementation until these concerns are ad- at the same time turn our backs on so troduced today addresses the Capital dressed, as would be required by your legisla- many of those veterans who fought in Asset Realignment for Enhanced Serv- tion. From the outset, VA has claimed that other wars? I know the intentions of ices or CARES process from the De- CARES would be a data driven process with the commission may have been good, partment of Veteran’s Affairs. sound and justifiable conclusions and pro- but the effect, at least in our State, is I believe the intent of the CARES posals. Unfortunately this has not been the to do just that. It is to turn its back on process is good. If we can clear up some case. VA has refused to run data on its men- tens of thousands of veterans who of the unused space in the VA health tal health programs and has maintained that served their country, many of whom care system and remove redundancy in CARES would not impact on this population. were wounded in the course of battle. services, we can save money and put it Despite these claims, 12 of the 14 VA facili- towards effective health care for our ties slated for closure or discontinuation of This is a pro-veteran amendment, in-patient services have a major psychiatric supported by veterans throughout the veterans. I do not believe, however, service component. Additionally, the CARES country. I urge my colleagues to sup- that rushing into changes for the sake National plan includes nothing with regard port it. of making changes is a good policy. to long term and domiciliary care; two serv- I thank my colleague from New York How can we expect good changes to ices that VA is Congressionally mandated to for the great job she has done. We have come from a broken system? provide over the next twenty years. Finally, worked as a team to try to prevent this There is no doubt in my mind that the data that was used to formulate the Na- from happening. This amendment gives the CARES Commissioners have the tional plan completely excluded veterans in Priority Groups 7 and 8 from the twenty-year us a good opportunity to go back and best interests of veterans at heart. I projected usage data. By excluding Priority 7 reargue. We hope our colleagues will believe that given enough time and and 8 veterans from the CARES projections, support it. proper information, they will be able to VA is creating a system that will be unable Mrs. CLINTON. Madam President, make changes in veterans health care to treat these veterans. This cannot be al- this is an issue that affects veterans that will fully benefit current and fu- lowed to occur. across our country. My cosponsor, Sen- ture veterans for years to come. I must While CARES was well intentioned, the ator ENZI, is concerned particularly admit, however, that they currently fact that this process has so many flaws on so many levels forces us to oppose it until about the impact on his veterans who have neither the time nor the proper these issues are addressed. Your amendment live in rural areas and are not going to information to make good changes. would require just that. Eastern Paralyzed be able to travel the long distances Now, let’s be clear about what this Veterans Association is grateful that you, that will be required if services are re- amendment does and does not do. It together with Senator Mike Enzi, will introduced, if facilities are closed. I know does not prevent the CARES process duce this amendment to insure that these my colleagues from Iowa, Michigan, from moving forward. It does not pre- issues are dealt with before allowing the Washington, Oregon, Texas, in addition vent improvements from being made or process to advance. Thank you. new hospitals from being built. It does Sincerely, to Wyoming, have asked for similar re- GERARD M. KELLY, lief. not kill the CARES initiative. Executive Director. I hope my colleagues who are in It does require the VA to commit to Mrs. CLINTON. I see my colleague States that, under this process, are in a separate process for long-term care, domiciliary care, and mental health and partner Senator SCHUMER. I yield line to get enhancements and increases to him such time as he needs. will vote for this because it doesn’t af- care needs. It does require the VA to Mr. SCHUMER. I thank my colleague fect your enhancements. It does not af- confirm that they have examined local from New York and all of those who fect your increase, but it gives those of travel factors such as road and weather have worked so hard. I plead to my col- us who have mental health needs, who conditions. It does require the CARES leagues, the CARES Commission had a have rural health needs, who have Commission to hold hearings within 30 good idea. Let’s study and see how we domiciliary and long-term health needs miles of each facility targeted for a can make health services better for the opportunity to get this process closure or a reduction of services and it veterans. But looking at what they rec- right and to fix the problems that requires veteran participation in these ommended in New York State, some- would lead to the closure and reduction hearings. thing went amuck; to close the of services that are so needed in so Let me touch on a couple of these re- Canandaigua Hospital makes no sense many States for so many veterans. quirements. One is that there be a whatsoever. It is desperately needed by I hope this amendment will find favor CARES Commission hearing within 30 so many veterans. It is a fountain with my colleagues and will give those miles of every facility facing a realign- point of the community, and it does of us who are particularly on shaky ment of services under the national special work in mental health and psy- ground because of the recommenda- plan. chological services that no hospital tions of this commission a chance to We recently had a CARES hearing in within miles and miles and miles have a more rational process that real- Cheyenne, WY near the Cheyenne VA around, tens of miles, hundreds of ly takes into account the needs of our Medical Center. I think the hearing miles around, can do. veterans. went extraordinarily well. The vet- All we are asking is a chance. Let the I ask for the yeas and nays. erans who attended where given an op- CARES Commission go back to the The PRESIDING OFFICER. Is there a portunity to understand more about drawing board and figure out what they sufficient second? the future of their health care. Like- did wrong. Let them look at what they There appears to be a sufficient sec- wise, the CARES Commissioners were have done wrong in New York in terms ond. able to hear the veteran’s concerns particularly of Canandaigua but also of The yeas and nays were ordered. through the veterans service organiza- Montrose and the Manhattan VA hos- Mr. ENZI. Mr. President, I am tions. Just holding a hearing in Denver pital where anyone who looks at it up pleased to be a cosponsor of this about reducing services in Cheyenne—a close sort of scratches their head in amendment and I hope to clarify some town more than 100 miles away—would wonderment and says: How did they of the reasons I believe every Senator have sent a strong statement to Wyo- come up with these recommendations? should support our efforts. ming veterans that the VA cared nei- This is a bipartisan bill. It does not I think everyone in this Chamber ther for their health nor their opinions. stop any kind of restructuring except agrees on the importance of our na- I believe each facility and commu- for the fact that it says: Go back and tional veterans community. Just yes- nity should have the opportunity to look at other factors they seem to have terday ceremonies throughout the Na- have this same interaction. Each com- missed. tion and speeches here on the Senate munity should be able to understand It is desperately needed in many floor paid tribute to those who have what the changes will mean for them parts of the country. The veterans been willing to sacrifice so much. When and what differences in services the groups of America are totally for this young men and women volunteer their veterans will face. I now the burden amendment. lives for the fight for freedom and de- falls to the CARES Commissioners to This Chamber and the other just mocracy we, as a nation, promise to attend and consider the testimony at voted for $87 billion for Iraq. Whatever take care of them. these additional hearings, but I believe

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.053 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14501 they will then be better informed about the average age of our veterans’ popu- I therefore will vote against this the decisions they will need to make. lation is growing older each year. The amendment, and I would urge my col- I also want to point out the travel rising average age, coupled with the leagues to do the same. issue in the amendment. I think we all many years of often very harsh service The PRESIDING OFFICER. The Sen- realize the difficult nature of taking to defend our Nation’s freedom, has ator from Missouri. weather into consideration nationally. placed a tremendous strain and great Mr. BOND. Madam President, how After all, northern Wyoming’s winter demand on the veterans health care much time remains? and southern Florida’s winter are hard- system in Nevada. The PRESIDING OFFICER. There ly the same. What this part of the More than 70,000 veterans are en- are 10 minutes in opposition. amendment intends to do is ensure rolled in the Reno and southern Nevada Mr. BOND. Madam President, I yield that the local factors were considered VA health care facilities, with more myself 7 minutes, and I reserve time when drafting the national plan. Dis- coming in each day. We have an excel- for my colleague. tance cannot be the only factor consid- lent VA hospital in Reno, but other I rise in strong opposition to the ered—we all know that even in Wash- parts of northern Nevada are under- Clinton-Enzi amendment. It would ington, DC, 30 miles travel distance served. And the Las Vegas area con- deny up to $1 billion in funds to sup- doesn’t mean 30 minutes travel time. tinues to be one of the most densely port our Nation’s veterans. I especially Let me say again, this amendment populated regions of the country for object to the amendment because it does not stop the CARES process. It veterans seeking quality health care would likely extend waiting lines for merely requires the VA to consider a and one of the most severely under- veterans already waiting for medical couple of factors that we believe should served. care. have been considered from the very be- In the past several years, the VA has Before I go into further explanation, ginning. I ask unanimous consent to print in I know letters from some veterans not kept pace with the demand and the RECORD letters from the Veterans service organizations may have raised growth in our State. Long lines, pro- longed waiting times, old and crowded of Foreign Wars, Amvets, Disabled concerns for my colleagues about our American Veterans, and the Paralyzed amendment. these organizations were facilities: this is no way to provide health care to our courageous veterans, Veterans of America. able to meet with the Secretary of Vet- There being no objection, the mate- erans Affairs and had many of their and it is no way to deal with the popu- rial was ordered to be printed in the worries addressed. the Secretary told lation explosion in Nevada. RECORD, as follows: them that no services would be reduced So when this subcommittee called for until replacement services are fully a new plan and independent commis- VETERANS OF FOREIGN WARS OF THE UNITED STATES, available. He also stressed that no net sion to examine the VA’s resources and reallocate resources based on the Washington, DC, November 6, 2003. changes would be made in long-term To: All Members of the U.S. Senate. care, domiciliary care, or mental greatest demand, I applauded that ac- From: Robert E. Wallace, Executive Direc- health care. tion. I also welcomed VA Secretary tor, VFW Washington Office. I think this meeting was a great idea. Tony Principi’s active role and interest Re: Clinton/Enzi amendment to H.R. 2861. It is, however, a shame that it took in supporting Nevada. He has been an On behalf of the 2.6 million members of the news of this amendment to get the VA, honest advocate for our Nation’s vet- Veterans of Foreign Wars of the United moving. I am very glad that the veterans, and a bright spot in the Presi- States (VFW) and our Ladies Auxiliary, I erans organizations had the oppor- dent’s cabinet. would like to take this opportunity to urge tunity to meet with the Secretary. It came as no surprise to me that the you to oppose the Clinton/Enzi Amendment Through this amendment we are trying CARES plan, which is the subject of to H.R. 2861, the FY 2004 VA/HUD Appropria- to make sure the VA addresses the con- this debate, found Nevada to be dra- tions bill. This amendment would limit the use of cerns of Congress. We are just trying to matically underserved by the VA. funds for the Capital Asset Realignment for make sure that the promises made are The draft CARES plan contains $130 Enhanced Services (CARES) initiative. The promises kept. million in upgrades to improve health VFW is concerned that if this amendment Again, I want to reiterate my support care facilities for the veterans who live passes, the CARES process will essentially for the CARES Commissioners them- in Nevada. be put on indefinite hold. selves. They are doing their best to The plan also calls for the construc- We share Senators Clinton’s and Enzi’s concerns regarding long-term care, domi- make good decisions in a broken sys- tion of a major medical center, clinic tem. I appreciate their patience and ciliary care, and mental health services; and nursing home in the Las Vegas however, it is our understanding that the most of all their willingness to serve area. This new hospital is only one of America’s veterans. I urge my col- CARES Commission is currently reviewing two hospitals recommended in the en- the data to include these services. Therefore, leagues to support the amendment. tire VA plan. I credit our hardworking at this stage, we believe it is important to Mr. REID. Madam President, I rise to VA staff in Nevada and the thousands move ahead as the location and mission of speak against this amendment, and in of veterans themselves for making sure some VA facilities need to change to im- support of the CARES process. that the CARES Commission got the prove veterans’ access; to allow more re- As many Senators are aware, Nevada sources to be devoted to medical care, rather message about Nevada’s desperate has experienced unprecedented growth than the upkeep of inefficient buildings; and over the last decade. In Clark County needs. to adjust to modern methods of health care alone, the home of Las Vegas, 14 new Therefore, I must oppose any effort service delivery. Our nation’s veterans de- schools are constructed each year to to delay, derail or diminish the CARES serve no less. Again, I urge you not to support the Clin- keep up with the approximately 8,000 process and the money and resources that would flow to the veterans in my ton/Enzi Amendment regarding the limiting people that move to the county each of funds for the VA CARES initiative. month. State under the draft plan. I have the greatest respect and admi- The growth in our veterans popu- AMVETS, lation has been just as rapid. With ap- ration for the Senator from New York. Lanham, MD, November 7, 2003. proximately 245,000 veterans, Nevada I understand her concerns, and the con- To: All Members of the U.S. Senate. has the second highest concentration cerns of other senators, about certain From: S. John Sisler, National Commander. of veterans in the country. Only Alas- CARES recommendations that will im- Re: Consideration of CARES amendment in ka ranks higher. pact other States. But these concerns VA/HUD appropriations bill. About 176,000 of Nevada’s veterans should be addressed directly with the It is our understanding that Sen. Hillary have served in a war: 18 percent in the VA, and not by cutting off appropria- Rodham Clinton may offer an amendment to Gulf War, 49 percent in Vietnam, 21 tions to the VA for the CARES process S. 1584, the VA/HUD appropriations bill, that to continue. would block the Department of Veterans Af- percent in Korea, and 21 percent in fairs from spending any money to enact the World War II. Many of our veterans The veterans of Nevada can’t wait CARES Commission recommendations. even served in multiple wars. much longer for the upgrades and new On behalf of the nationwide membership of Therefore, Nevada’s veterans have facilities that they desperately need AMVETS (American Veterans), I write to ex- been combat-tested. And regrettably, and deserve. press our strong opposition to Sen. Clinton’s

VerDate jul 14 2003 04:19 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.049 S12PT1 S14502 CONGRESSIONAL RECORD — SENATE November 12, 2003 proposed amendment aimed to stop progress to the long-term health and viability of the pacity and access of VA health care. We re- of the Department of Veterans Affairs Na- entire VA health care system. We do not be- quest that no limitation be placed on appro- tional Capital Asset Realignment for En- lieve that restructuring is inherently detri- priated dollars for the Department of Vet- hanced Services (CARES) Plan. mental to the VA health care system. How- erans Affairs and that the CARES process be The CARES initiative is clearly needed to ever, we will remain vigilant and press VA to allowed to expeditiously move forward. assess what facilities will best meet the focus on the most important element in the Sincerely, healthcare needs of America’s veterans. process, enhancement of services and timely DELATORRO L. MCNEAL, AMVETS believes that adoption of the delivery of high quality health care services Executive Director. amendment would further delay moving for- to our nation’s sick and disabled veterans. Mr. BOND. These organizations all ward with construction projects that are ob- VA Secretary Anthony J. Principi met oppose the Clinton-Enzi amendment viously essential to patient safety and that with DAV and other veterans service organi- will eventually pay for themselves as a re- zations this morning and gave us his per- because they understand the problem sult of modernization. sonal commitment that there would be no the VA has. AMVETS agrees with the Department of realignment or reduction in services as a re- In 1999, the General Accounting Of- Veterans Affairs that many of their facilities sult of CARES for mental health or long- fice found that VA could spend billions need to be upgraded or replaced. We also term care until a definitive plan is developed of dollars operating hundreds of agree with the Department that part of the and in place to absorb the workload for these unneeded buildings over the next 5 solution for providing high quality health specialized services. His promise to us satis- years. The GAO reported that the VA care to America’s veterans is upgrading fies our over-arching concern about the in- wastes more than $1 million per day on some facilities and replacing others with new clusion of these essential programs. There- and modern medical care treatment facili- medical care funds for unneeded infra- fore, we believe the CARES process should be structure instead of direct patient ties. allowed to proceed at this critical juncture. AMVETS and I ask that you oppose any Again, we want to thank you for your ef- care. This money could be used to pro- amendment that would cause the VA Na- forts on CARES and for your strong leader- vide medical care to over 100,000 vet- tional CARES process to be used as an ex- ship and support of veterans’ issues. We very erans. cuse to defer vital infrastructure mainte- much look forward to continuing a positive Our committee, the VA–HUD com- nance and construction projects. and meaningful working relationship with mittee, after the GAO report, directed you regarding matters of great importance the VA to do something about it, to de- DISABLED AMERICAN VETERANS, to veterans. We hope that you will recon- velop a comprehensive strategy. Thus, Washington, DC, November 7, 2003. sider your position on this issue based on Hon. HILLARY RODHAM CLINTON, in 1999, under the Clinton administra- these new developments. tion, the VA created the CARES Com- U.S. Senate, Sincerely, Washington, DC. mission to address this concern. DAVID W. GORMAN, DEAR SENATOR CLINTON: On behalf of the I have traveled around the State of Executive Director, more than one million members of the Dis- Washington Headquarters. Missouri. I have seen firsthand the abled American Veterans (DAV), we write to need for construction funds to update express our concern over your proposed PARALYZED VETERANS OF AMERICA, surgical and intensive care units. By amendment to limit the use of funds for the Washington, DC, November 7, 2003. the way, I gave at the office. One of the Department of Veterans Affairs (VA) Capital MEMBERS, first closures the VA instituted was of Asset Realignment for Enhanced Services U.S. Senate, (CARES) initiative, pending modification of a surgery center in the State of Mis- Washington, DC. the initiative to include long-term care, souri because they weren’t doing DEAR SENATORS: On behalf of the Paralyzed domiciliary care, and mental health services enough surgeries to be proficient. I be- Veterans of America (PVA) I am writing to in addition to reconvening the Commission lieved our veterans needed the best express our concerns regarding an amend- for further hearings. ment we understand will be offered by Sen- care. So now we have a primary care Intially, please know that preservation of facility and we send them to a surgical the integrity of the VA health care system is ator Hillary Rodham Clinton to the VA, HUD, Independent Agencies Appropriation hospital where they do enough sur- of the utmost importance to the DAV and geries to be proficient and safe. our members, and we greatly appreciate your bill. As we understand, this amendment ad- efforts and insistence that long-term care, dresses the Department of Veterans Affairs’ We know we have different needs domiciliary care, and mental health services Capital Asset Realignment for Enhanced from veterans than when the VA was are included in the CARES initiative. These Services (CARES) process and, if passed, will set up many years ago. The Clinton- specialized programs are an integral part of limit the expenditure of funds for the process Enzi amendment would deny over $600 providing sick and disabled veterans com- greatly delaying necessary improvements to million in construction funds to build prehensive health care. However, we are con- the VA’s medical care system. new hospitals in States such as Ne- cerned your amendment may completely While PVA concurs with Senator Clinton that the CARES process inadequately ad- vada, Florida, and Colorado. It would stall the CARES process and prohibit VA deny funds to address safety, seismic from making the necessary changes to im- dresses issues of long-term care, mental prove its health care system and enhance ac- health services and rural health care we be- and other deficiencies for facilities in cess and services for veteran patients. lieve that the amendment will so severely Kentucky, California, Colorado, Ohio, As you are aware, over the past seven restrain the process that the many beneficial Pennsylvania, and others. It would years, following national trends, VA’s Vet- aspects of CARES will be seriously harmed. deny construction of 48 new commu- erans Health Administration converted from Delay of CARES projects that will benefit nity-based outpatient clinics. a primarily hospital-based system to an out- veterans, and in particular veterans with spi- It would deny funding for 37 nursing patient focused health care delivery model. nal cord injury or dysfunction, can only home investments, such as construc- serve to weaken the VA health care system With these sweeping changes, there clearly tion of new nursing homes in West Vir- came a need to reassess VA’s physical struc- upon which our members and millions of tures and the need to realign, renovate, and other veterans rely. ginia and Pennsylvania. This is not a modernize VA facilities to meet the chang- Veterans’ service organizations have re- fatally flawed process. I cannot agree ing health care needs of veterans today and ceived assurances from Secretary of Vet- with the assertion of the Senator from well into the future. Many VA medical facili- erans Affairs Anthony Principi that no VA New York. In an October 27 letter to all ties have an average age of 54 years and are beds will be closed or capacity reduced until Senators, this year Secretary Principi in critical need of repair. Unfortunately, appropriate alternative health care re- outlines the great extent to which he VA’s construction budget has decreased sources have been identified and put in place. has gone to ensure that the process and Additionally, the Secretary has assured us sharply over the last several years with po- review be thorough at every stage. litical resistance to fund any major projects that long term care and mental health serv- before a formal plan was developed. VA re- ices will be included in the planning process Local veterans groups, union officials, sponded with the CARES initiative. How- with specificity to be provided as to who will as well as affiliate representatives par- ever, many desperately needed construction be involved, how the process will operate and ticipated directly in the development and maintenance projects, including seismic what timelines will be put in place. Finally of these plans. repairs that could potentially compromise the Secretary has indicated that the issue of The CARES Commission received patient safety, have been unnecessarily de- inter-VISN (Veterans Integrated Service more than 169,000 public comments. I layed. DAV strongly believes that CARES Network) planning and cooperation will be take exception to the characterization should not distract VA or Congress from its addressed. In light of these assurances and the need to of the plan as a ‘‘cost cutting’’ plan. obligation to protect its physical assets The draft proposes to spend $4.6 billion whether they are to be used for current ca- proceed with the positive findings, to date, of pacity or realigned. the CARES process, PVA believes any re- in construction funds to expand serv- On a national level, DAV firmly believes strictions on funding for the CARES process ices. It preserves more than 97 percent that realignment of capital assets is critical can only serve to delay improvements in ca- of the current bed capacity. Further,

VerDate jul 14 2003 04:19 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.042 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14503 the draft plan provides for no reduction care funds on unneeded infrastructure, rectly in the development of local in VA capacity to provide domiciliary instead of direct patient care. There- plans. Since the announcement of the or long-term care, including long-term fore, instead of wasting some $400 mil- Draft National CARES Plan, the mental health care. Let me repeat lion annually on unneeded buildings, CARES Commission has received more that. The draft plan provides for no re- the VA could use these funds to provide than 169,000 public comments. Accord- duction in VA capacity to provide medical care to over 100,000 needy vet- ing to the VA, all comments will be domiciliary or long-term care, includ- erans. made a part of the official record and ing long-term mental health care. In response to the GAO’s report, our will be considered by the CARES Com- In some areas, the draft plan would committee directed VA to develop a mission during its deliberations. increase overall bed capacity. In New comprehensive strategy to realign its I take great exception to Senator York State, the realignment would in- medical care facilities so that it can CLINTON’s characterization of CARES crease overall bed capacity by about 10 deliver health care in a more accessible as a ‘‘cost-cutting plan.’’ The Draft percent. The CARES Commission has and effective manner. Thus, in 1999, the plan proposes to spend $4.6 billion in held field hearings, and the Senator VA created the CARES initiative dur- construction funds to expand services. from New York has attended two of ing the Clinton Administration to ad- It preserves more than 97 percent of them. The CARES Commission held 38 dress this concern. VA’s current bed capacity. Ninety- field hearings with over 700 witnesses The amendment also hurts veterans seven percent. It increases outpatient and made 68 site visits. Clearly, Sec- by denying much-needed construction capacity by more than 12 million visits retary Principi and the CARES Com- funds to areas that need modernized fa- a year. It creates 48 new community- mission have been thorough, respon- cilities to serve its veteran population. based outpatient clinics and at least 2 sive, fair, and open. In my travels around my own home new hospitals. Further, the Draft plan This is a process that still is in its State of Missouri, I have seen first- provides for no reduction in VA capac- development stage. The Senate author- hand the need for construction funds to ity to provide domiciliary or long-term izing committee, chaired by Senator update surgical suites and intensive care, including long-term mental SPECTER, is working on legislation to care units, among other things. For health care. Let me repeat that last establish funding for CARES, which those Senators who have veterans in sentence. The Draft plan provides for will provide Congress an opportunity rural areas, they know that there is a no reduction in VA capacity to provide to review the final CARES plan before critical need for outpatient clinics so domiciliary or long-term care, includ- it can be implemented. The VA Com- veterans do not have to travel hun- ing long-term mental health care. mittee held a hearing with Secretary dreds of miles to the nearest hospital. Moreover, in some areas, the Draft Principi and the CARES Commission With an aging veteran population, plan’s realignment would increase chair, Everett Alvarez, to provide over- there is a significant need to build overall bed capacity. For example, in sight on the process. nursing homes and long-term care fa- New York State, the realignment I am committed to and fully sup- cilities. The Clinton-Enzi amendment would increase overall bed capacity by portive of CARES because we need to will deny over $600 million in construc- about 10 percent. The Draft plan pro- support veterans’ medical care over tion funds to these places. It will deny vides for all of these enhanced services unneeded buildings. To keep unneeded funds to build new hospitals in States and additional facilities despite the or excess buildings in operation de- such as Nevada, Florida, and Colorado. VA’s projections that the veteran pop- prives veterans of the care they need. It will deny funds to address safety, ulation is expected to decline by more There has been much opposition to seismic, and other deficiencies for fa- than 25 percent over the next 20 years. this. cilities in States such as Kentucky, I ask my Senate colleagues, does this Mr. President, to reiterate, I oppose California, Colorado, Ohio, and Penn- sound like a cost-cutting plan? vigorously the Clinton-Enzi amend- sylvania. It will deny the construction Further, the CARES Commission has ment to stop the VA’s Capital Asset of 48 new community based outpatient held a number of field hearings and site Realignment for Enhanced Services or clinics throughout the country. It will visits across the Nation to listen first- CARES process. The amendment would deny funding for 37 nursing home in- hand to the concerns of interested par- deny up to $1 billion in funds to sup- vestments, such as the construction of ties. In fact, Senator CLINTON partici- port our Nation’s veterans. I object to new nursing homes in States such as pated in two CARES hearings. In total, this amendment because I believe in West Virginia and Pennsylvania. the CARES Commission held 38 field putting the needs of veterans ahead of Another reason why I oppose the hearings that included over 700 wit- the costs of keeping open unneeded Clinton-Enzi amendment is that the nesses and made 68 site visits. In some buildings. I especially object to this CARES process is still in its develop- instances, the Commission altered its amendment because it would likely ex- mental stage and it is premature to schedule to respond to local interests tend the waiting lines for veterans al- pull the plug. Yet, Senator CLINTON has such as in New York. ready waiting for medical care. It is already concluded that the CARES Clearly, Secretary Principi and the imperative that the CARES process process is ‘‘fundamentally flawed’’ and CARES Commission have been thor- moves forward so that the VA can the CARES Commission has ‘‘ne- ough, responsive, fair, and open in move its outdated medical care infra- glected’’ the important health care moving the process. For example, at structure into the 21st Century. issues facing our veterans. Further, she Senator SCHUMER’s request, Secretary Before I explain my reasons for op- characterizes CARES as a ‘‘cost-cut- Principi agreed to visit the posing this amendment, I ask that letting’’ plan. Canandaigua VA hospital before mak- ters from the Veterans of Foreign I do not agree with the Senator’s as- ing any final decision. Wars, AMVETS, Disabled American sertions and I think it is unfortunate I also stress again that the CARES Veterans, and the Paralyzed Veterans that she has been so critical of Sec- process is still in its developmental of America be added to the RECORD. As retary Principi who has been extremely stage. The Commission has not com- the largest veterans’ service organiza- responsive to the Congress’s concerns. pleted its work. No final decisions have tions in the Nation, they all oppose the To Secretary Principi’s credit, he has been made. The current plan is only a Clinton-Enzi amendment because of its made the CARES process open and fair draft and is an interim step to the negative impact on veterans. for all affected parties, including vet- overall process. Delaying or stopping Why does the amendment hurt veterans to participate. this process is premature and ends up erans? In 1999, the General Accounting In an October 27, 2003 letter sent to hurting more than helping our vet- Office (GAO) performed a study of the all Senators, Secretary Principi out- erans. The CARES Commission must VA’s medical care infrastructure and lines the great extent he has gone complete the plan and the Secretary found that the VA ‘‘could spend bil- through to ensure that ‘‘the process and the Congress must approve it. lions of dollars operating hundreds of and review be thorough at every The Senate authorizing committee, unneeded buildings over the next five stage.’’ Local veterans groups, local of- chaired by Senator SPECTER, is work- years.’’ The GAO reported that the VA ficials, union officials as well as affil- ing on legislation that establishes cri- wastes $1 million per day in medical iate representatives participated di- teria for funding CARES projects,

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.061 S12PT1 S14504 CONGRESSIONAL RECORD — SENATE November 12, 2003 which will provide the Congress an op- nally, this amendment continues the adequate conversation on mental portunity to review the final CARES wasteful practice of spending medical health and the other needs. I respect plans before it can be implemented. In care funds on unnecessary and empty what the Senator from Missouri said. If fact, the Veterans Affairs Committee buildings. Under CARES, these funds you look overall, there may not be a held a hearing with Secretary Principi would be re-focused on direct patient loss of services defined in a certain and the CARES Commission Chair care, the construction of new out- way, but that is not necessarily tied to Everett Alvarez to provide oversight on patient clinics, and operating costs for where the veterans need the services, the process and to ensure that the new hospitals, such as the proposed fa- or where the high-quality services have process was moving in a public and de- cilities in Las Vegas and Orlando. Im- historically been given. liberative manner. The Committee also plementing CARES will allow the VA I also add that Senator ENZI, my es- recently passed legislation that was to serve more veterans and especially teemed cosponsor, is at this moment originally sponsored by Senator BOB ensure that our most vulnerable vet- chairing a hearing. We were, obviously, GRAHAM and co-sponsored by nine erans will not be forced to wait for sev- unprepared to get this up and get it other senators, including Senator CLIN- eral months or years to obtain medical out. But he told us to go ahead. I would TON that would give the Congress 60 care. like the opportunity to discuss this days to approve before any VA facility I urge my colleagues to place the with my cosponsor. I don’t want to could be closed. If enacted, this legisla- needs of veterans ahead of unneeded fa- make a decision without his awareness tion ensures that the Congress is in- cilities. Efforts to delay the CARES of what the Senator’s idea is. volved in the implementation of the process will cause significant harm to Ms. MIKULSKI. Mr. President, I ask CARES plan. our veterans. Outside of funding for VA unanimous consent that this colloquy I am committed and fully supportive medical care, CARES is my highest pri- be extended for another 5 minutes. of CARES because I believe in sup- ority for VA. I have supported CARES The PRESIDING OFFICER. Without porting veterans medical care needs from its inception in 1999, including the objection, it is so ordered. over unneeded buildings. I believe that implementation of the pilot program in Mrs. CLINTON. Mr. President, I sug- CARES is the most important initia- VISN 12. I strongly urge my colleagues gest that we at least have an oppor- tive in the VA and it must be done. We to oppose the Clinton-Enzi amendment tunity to discuss this with not only the cannot afford any more delays. For too and allow the VA to move the CARES prime cosponsor, but all the other co- long, the VA was unable to rationalize process forward. sponsors because many of us feel very its infrastructure and millions of med- The PRESIDING OFFICER (Mr. strongly about the way this CARES ical care dollars were wasted on empty, CORNYN). Who yields time? process proceeds. obsolete, or redundant buildings in- Ms. MIKULSKI. Mr. President, first, Could the managers of the bill tell us stead of focusing those dollars on med- I compliment our two colleagues from what the plan is, and whether we are ical care for our veterans. Now, after New York on their advocacy for vet- going to have votes on this bill when nearly 4 years of work on CARES, the erans and the attempt to work to form we finish the 30 hours? Where do we VA is developing a national plan that a bipartisan coalition and for being stand in the process? That would give will ensure that the medical care needs concerned about mental health serv- me a better idea as to how to respond of our Nation’s veterans come first and ices and long-term care, as well as the to the offer of the Senator from Mary- they will receive the best care in mod- rural needs. land. ernized 21st Century facilities. We owe I say to my two colleagues, we on the Mr. BOND. Mr. President, in order to it to our veterans to move away from VA Committee have to be concerned get this bill completed, we are going to the old medical model of hospital-cen- that we are in the veterans health care have to wrap it up one way or the other tered medicine to the contemporary, business and not in the veterans health by 6 o’clock tonight. It can either walk modern patient-centered medicine real estate business. So we want to ad- out or go out feet first. I will join my model. vocate for services, not for buildings. colleague from Maryland in saying if The veterans also agree with my view I think the Senator is also aware she wants to withdraw the amendment, and oppose this amendment. The that we just had to work very hard to I understand her concerns. I am sympa- VFW’s November 6, 2003 letter states, forage to come up with the $1.3 billion thetic to the concerns. We would be de- ‘‘we believe it is important to move to meet the compelling needs for our lighted to put it in report language and ahead as the location and mission of veterans. I ask the Senator from New work with the Secretary of the VA to some VA facilities need to change to York, with her very strong advocacy make sure her concerns are fully ad- improve veterans’ access; to allow and the support of a bipartisan list of dressed. more resources to be devoted to med- cosponsors, would she consider a dif- But in the meantime, unless the Sen- ical care, rather than the upkeep of in- ferent approach—that, perhaps, report ator is ready to acquiesce, I ask unani- efficient buildings and to adjust to language be in the bill acknowledging mous consent that this amendment and modern methods of health care service the validity of the concerns raised by the yeas and nays be set aside tempo- delivery. Our Nation’s veterans deserve her, Senator ENZI, and others, talking rarily until we can have further discus- no less.’’ about the need for long-term care, and sions with the Senator from New York The sponsors of this amendment have pay attention to this as well as the and the other sponsors. tried to assuage the concerns of Sen- rural health care? The PRESIDING OFFICER. Without ators who expect to receive new med- I say to my dear and esteemed col- objection, it is so ordered. ical facilities in their State by limiting league, the CARES project or process is f the amendment to facilities where clo- due December 3. To make these rec- sures may occur. However, I tell my ommendations, some of which are quite BASIC PILOT PROGRAM colleagues, do not be fooled. This excellent—inclusion, participation, et EXTENSION AND EXPANSION ACT amendment would still prevent new cetera—would derail CARES. It could Mr. BOND. Mr. President, I have been hospitals, clinics, and nursing homes to affect our spinal injury programs or asked by the leadership to bring up be constructed because the VA cannot more outpatient clinics. I know it Calendar No. 374, S. 1685, the Immi- break up its CARES plan into separate could have unintended consequences. grant Pilot Program. I believe it has pieces. There is only one plan for the Would the Senator consider an alter- been cleared on both sides. Nation. It is a National Plan and it native other than having the vote on I ask unanimous consent that the cannot be separated into pieces. In ad- the amendment? Senate proceed to its immediate condition, many new construction projects Mrs. CLINTON. Mr. President, I ap- sideration. under CARES cannot be financed un- preciate greatly the understanding of The PRESIDING OFFICER. The less some obsolete facilities are closed. my friend and colleague. I am some- clerk will state the bill by title. In some areas, such as Chicago and what concerned, however. We have The legislative clerk read as follows: Pennsylvania, construction for new fa- many charts, but I will not go into A bill (S. 1685) to extend and expand the cilities will be financed by the proceeds them, under the circumstances. They basic pilot program for employment eligi- of leases of the closed facilities. Fi- are very clear that there has not been bility verification, and for other purposes.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.035 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14505 There being no objection, the Senate grant Responsibility Act of 1996 (8 U.S.C. 1324a (2) the country of origin of the immigrant proceeded to consider the bill, which note) is amended— investors; had been reported from the Committee (1) in paragraph (2)(B), by striking ‘‘or entity (3) the localities where the immigrant in- on the Judiciary, with an amendment electing—’’ and all that follows through ‘‘(ii) vestors are settling and whether those inves- the citizen attestation pilot program’’ and in- tors generally remain in the localities where to strike all after the enacting clause serting ‘‘or entity electing the citizen attestation they initially settle; and inserting in lieu thereof the fol- pilot program’’; (4) the number of immigrant investors that lowing: (2) by striking paragraph (3); and have sought to become citizens of the United [Strike the part shown in black (3) by redesignating paragraph (4) as para- States; brackets and insert the part shown in graph (3). (5) the types of commercial enterprises italic.] (d) ADDITIONAL TECHNICAL AND CONFORMING that the immigrant investors have established; and S. 1685 AMENDMENTS.—Title IV of the Illegal Immigra- tion Reform and Immigrant Responsibility Act (6) the types and number of jobs created by Be it enacted by the Senate and House of Rep- of 1996 (8 U.S.C. 1324a note) is amended by the immigrant investors. resentatives of the United States of America in striking ‘‘Attorney General’’ each place that Congress assembled, The committee amendment, as term appears and inserting ‘‘Secretary of Home- ø amended, was agreed to. SECTION 1. SHORT TITLE. land Security’’. øThis Act may be cited as the ‘‘Basic Pilot The bill was read the third time and Program Extension and Expansion Act of Mr. BOND. Mr. President, I ask unan- passed, as follows: 2003’’. imous consent that the Leahy- S. 1685 øSEC. 2. EXTENSION OF PROGRAMS. Brownback amendment at the desk be Be it enacted by the Senate and House of Rep- øSection 401(b) of the Illegal Immigration agreed to; the committee substitute, as resentatives of the United States of America in Reform and Immigrant Responsibility Act of amended, be agreed to; the bill, as Congress assembled, 1996 (8 U.S.C. 1324a note) is amended by amended, be read the third time and SECTION 1. SHORT TITLE. striking ‘‘6-year period’’ and inserting ‘‘11- passed; the motions to reconsider be This Act may be cited as the ‘‘Basic Pilot Program Extension and Expansion Act of year period’’. laid upon the table en bloc; and any øSEC. 3. EXPANSION OF THE BASIC PILOT PRO- 2003’’. GRAM. statements relating to the bill be SEC. 2. EXTENSION OF PROGRAMS. ø(a) IN GENERAL.—Section 401(c)(1) of the printed in the RECORD. Section 401(b) of the Illegal Immigration Illegal Immigration Reform and Immigrant The PRESIDING OFFICER. Without Reform and Immigrant Responsibility Act of Responsibility Act of 1996 (8 U.S.C. 1324a objection, it is so ordered. 1996 (8 U.S.C. 1324a note) is amended by note) is amended by striking ‘‘in,’’ and all The amendment (No. 2170) was agreed striking ‘‘6-year period’’ and inserting ‘‘11- that follows through the semicolon and in- to, as follows: year period’’. serting ‘‘in all States;’’. SEC. 3. EXPANSION OF THE BASIC PILOT PRO- AMENDMENT NO. 2170 ø(b) CONFORMING AMENDMENTS.—Section GRAM. 402(c) of the Illegal Immigration Reform and (Purpose: To extend the duration of the im- (a) IN GENERAL.—Section 401(c)(1) of the Il- Immigrant Responsibility Act of 1996 (8 migrant investor regional center pilot pro- legal Immigration Reform and Immigrant U.S.C. 1324a note) is amended— gram for 5 additional years, and for other Responsibility Act of 1996 (8 U.S.C. 1324a ø(1) in paragraph (2)(B), by striking ‘‘or en- purposes) note) is amended by inserting after ‘‘United tity electing—’’ and all that follows through At the end, add the following: States’’ the following: ‘‘, and the Secretary of Homeland Security shall expand the oper- ‘‘(ii) the citizen attestation pilot program’’ SEC. 4. PILOT IMMIGRATION PROGRAM. and inserting ‘‘or entity electing the citizen ation of the program to all 50 States not (a) PROCESSING PRIORITY UNDER PILOT IM- attestation pilot program’’; later than December 1, 2004’’. MIGRATION PROGRAM FOR REGIONAL CENTERS (b) REPORT.—Section 405 of the Illegal Im- ø(2) by striking paragraph (3); and TO PROMOTE ECONOMIC GROWTH.—Section 610 migration Reform and Immigrant Responsi- ø(3) by redesignating paragraph (4) as para- of the Departments of Commerce, Justice, bility Act of 1996 (8 U.S.C. 1324a note) is graph (3).¿ and State, the Judiciary, and Related Agen- amended— SECTION 1. SHORT TITLE. cies Appropriations Act, 1993 (8 U.S.C. 1153 (1) by striking ‘‘The’’ and inserting: This Act may be cited as the ‘‘Basic Pilot Pro- note) is amended— ‘‘(a) IN GENERAL.—The’’, and gram Extension and Expansion Act of 2003’’. (1) by striking ‘‘Attorney General’’ each (2) by adding at the end the following new SEC. 2. EXTENSION OF PROGRAMS. place such term appears and inserting ‘‘Sec- subsection: Section 401(b) of the Illegal Immigration Re- retary of Homeland Security’’; and ‘‘(b) REPORT ON EXPANSION.—Not later than form and Immigrant Responsibility Act of 1996 (2) by adding at the end the following: June 1, 2004, the Secretary of Homeland Se- (8 U.S.C. 1324a note) is amended by striking ‘‘6- ‘‘(d) In processing petitions under section curity shall submit to the Committees on year period’’ and inserting ‘‘11-year period’’. 204(a)(1)(H) of the Immigration and Nation- the Judiciary of the House of Representa- SEC. 3. EXPANSION OF THE BASIC PILOT PRO- ality Act (8 U.S.C. 1154(a)(1)(H)) for classi- tives and the Senate a report— GRAM. fication under section 203(b)(5) of such Act (8 ‘‘(1) evaluating whether the problems iden- (a) IN GENERAL.—Section 401(c)(1) of the Ille- U.S.C. 1153(b)(5)), the Secretary of Homeland tified by the report submitted under sub- gal Immigration Reform and Immigrant Respon- Security may give priority to petitions filed section (a) have been substantially resolved; sibility Act of 1996 (8 U.S.C. 1324a note) is by aliens seeking admission under the pilot and amended by inserting after ‘‘United States’’ the program described in this section. Notwith- ‘‘(2) describing what actions the Secretary following: ‘‘, and the Secretary of Homeland Se- standing section 203(e) of such Act (8 U.S.C. of Homeland Security shall take before un- curity shall expand the operation of the pro- 1153(e)), immigrant visas made available dertaking the expansion of the basic pilot gram to all 50 States not later than December 1, under such section 203(b)(5) may be issued to program to all 50 States in accordance with 2004’’. such aliens in an order that takes into ac- section 401(c)(1), in order to resolve any out- (b) REPORT.—Section 405 of the Illegal Immi- count any priority accorded under the pre- standing problems raised in the report filed gration Reform and Immigrant Responsibility ceding sentence.’’. under subsection (a).’’ (c) CONFORMING AMENDMENTS.—Section Act of 1996 (8 U.S.C. 1324a note) is amended— (b) EXTENSION.—Section 610(b) of the De- 402(c) of the Illegal Immigration Reform and (1) by striking ‘‘The’’ and inserting: partments of Commerce, Justice, and State, Immigrant Responsibility Act of 1996 (8 ‘‘(a) IN GENERAL.—The’’, and the Judiciary, and Related Agencies Appro- (2) by adding at the end the following new U.S.C. 1324a note) is amended— priations Act, 1993 (8 U.S.C. 1153 note) is subsection: (1) in paragraph (2)(B), by striking ‘‘or en- amended by striking ‘‘10 years’’ and insert- ‘‘(b) REPORT ON EXPANSION.—Not later than tity electing—’’ and all that follows through ing ‘‘15 years’’. June 1, 2004, the Secretary of Homeland Security ‘‘(ii) the citizen attestation pilot program’’ shall submit to the Committees on the Judiciary SEC. 5. GAO STUDY. and inserting ‘‘or entity electing the citizen of the House of Representatives and the Senate (a) IN GENERAL.—Not later than 1 year attestation pilot program’’; a report— after the date of enactment of this Act, the (2) by striking paragraph (3); and ‘‘(1) evaluating whether the problems identi- General Accounting Office shall report to (3) by redesignating paragraph (4) as para- fied by the report submitted under subsection (a) Congress on the immigrant investor program graph (3). have been substantially resolved; and created under section 203(b)(5) of the Immi- (d) ADDITIONAL TECHNICAL AND CONFORMING ‘‘(2) describing what actions the Secretary of gration and Nationality Act (8 U.S.C. AMENDMENTS.—Title IV of the Illegal Immi- Homeland Security shall take before under- 1153(b)(5)). gration Reform and Immigrant Responsi- taking the expansion of the basic pilot program (b) CONTENTS.—The report described in sub- bility Act of 1996 (8 U.S.C. 1324a note) is to all 50 States in accordance with section section (a) shall include information regard- amended by striking ‘‘Attorney General’’ 401(c)(1), in order to resolve any outstanding ing— each place that term appears and inserting problems raised in the report filed under sub- (1) the number of immigrant investors that ‘‘Secretary of Homeland Security’’. section (a).’’ have received visas under the immigrant in- SEC. 4. PILOT IMMIGRATION PROGRAM. (c) CONFORMING AMENDMENTS.—Section 402(c) vestor program in each year since the incep- (a) PROCESSING PRIORITY UNDER PILOT IM- of the Illegal Immigration Reform and Immi- tion of the program; MIGRATION PROGRAM FOR REGIONAL CENTERS

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.063 S12PT1 S14506 CONGRESSIONAL RECORD — SENATE November 12, 2003 TO PROMOTE ECONOMIC GROWTH.—Section 610 The PRESIDING OFFICER. The tween 1999 and 2001, 76 percent of the of the Departments of Commerce, Justice, clerk will report. country’s major facilities with signifi- and State, the Judiciary, and Related Agen- The assistant legislative clerk read cant environmental violations received cies Appropriations Act, 1993 (8 U.S.C. 1153 as follows: no formal enforcement action whatso- note) is amended— (1) by striking ‘‘Attorney General’’ each The Senator from New Jersey [Mr. LAU- ever. Inspections are down. There has TENBERG], for himself, Ms. MIKULSKI, Mr. place such term appears and inserting ‘‘Sec- been a 45-percent decrease in enforce- JEFFORDS, Mrs. BOXER, Mr. CORZINE, Mr. retary of Homeland Security’’; and ment actions, and the penalties that SCHUMER, Mr. LEAHY, Mr. LIEBERMAN, Mr. (2) by adding at the end the following: are levied averaged a paltry $6,000. We KERRY, Mr. KENNEDY, Mr. EDWARDS, Ms. ‘‘(d) In processing petitions under section have practically hung out a sign that 204(a)(1)(H) of the Immigration and Nation- CANTWELL, and Mr. DURBIN, proposes an amendment numbered 2171. tells polluters it is all right to flaunt ality Act (8 U.S.C. 1154(a)(1)(H)) for classi- the law, and the fines are hardly a de- fication under section 203(b)(5) of such Act (8 Mr. LAUTENBERG. Mr. President, I terrent to businesses generally. U.S.C. 1153(b)(5)), the Secretary of Homeland ask unanimous consent that the read- The damage they do, however, is not Security may give priority to petitions filed ing of the amendment be dispensed free, and society will pay the price for by aliens seeking admission under the pilot with. program described in this section. Notwith- The PRESIDING OFFICER. Without the mounting violations, additional standing section 203(e) of such Act (8 U.S.C. objection, it is so ordered. fish advisories, higher asthma rates, 1153(e)), immigrant visas made available The amendment is as follows: more trips to the hospital, and worse. under such section 203(b)(5) may be issued to An internal EPA survey that was such aliens in an order that takes into ac- (Purpose: To maintain enforcement personnel for the Environmental Protection leaked to the press in January painted count any priority accorded under the pre- a dismal and frightening picture of ceding sentence.’’. Agency at the fiscal year 2003 level) (b) EXTENSION.—Section 610(b) of the De- On page 98, line 5, before the period at the what is happening at some of the larg- partments of Commerce, Justice, and State, end, insert the following: ‘‘, of which, in ad- est facilities across the country. Fifty the Judiciary, and Related Agencies Appro- dition to any other amounts provided under percent of major facilities are exceed- priations Act, 1993 (8 U.S.C. 1153 note) is this heading for the Office of Enforcement ing their permitted toxic release limits amended by striking ‘‘10 years’’ and insert- and Compliance Assurance, $5,400,000 shall be by 100 percent, 21 percent of the facili- ing ‘‘15 years’’. made available for that office’’. ties are exceeding their toxic release SEC. 5. GAO STUDY. Mr. LAUTENBERG. Mr. President, I limits by 500 percent, and 13 are ex- (a) IN GENERAL.—Not later than 1 year rise to offer this amendment on behalf ceeding toxic limits by an alarming after the date of enactment of this Act, the of myself and Senator MIKULSKI. We 1,000 percent. General Accounting Office shall report to are pleased to have as cosponsors Sen- Congress on the immigrant investor program These are alarming statistics, and created under section 203(b)(5) of the Immi- ators JEFFORDS, KERRY, LIEBERMAN, they portray a terrible picture. gration and Nationality Act (8 U.S.C. BOXER, SCHUMER, LEAHY, CORZINE, DUR- I am pleased my colleagues will be 1153(b)(5)). BIN, CANTWELL, KENNEDY, and ED- considering what it means to these (b) CONTENTS.—The report described in sub- WARDS. families who live downriver or down- section (a) shall include information regard- This appropriations bill cuts the wind from these plants. None of us in ing— number of enforcement officers in this Chamber would ever knowingly (1) the number of immigrant investors that EPA’s Office of Enforcement and Com- subject our families to concentrations have received visas under the immigrant in- pliance Assurance by 54 positions. The of mercury, dioxins, or other deadly vestor program in each year since the incep- amendment I am offering would restore tion of the program; toxins in our lakes and rivers that are (2) the country of origin of the immigrant those 54 positions so that EPA would 10 times the safe level. But we are investors; have the same number of enforcement doing that. If we don’t stop companies (3) the localities where the immigrant in- officers in fiscal year 2004 that the from violating our environmental laws, vestors are settling and whether those inves- agency had in 2003. we will continue to do that. tors generally remain in the localities where Maintaining the current level of en- To my colleagues, I say we are not they initially settle; forcement capacity is the least we powerless; we can stop these dangerous (4) the number of immigrant investors that ought to do in view of the reductions in violations, or at least keep them con- have sought to become citizens of the United enforcement staffing we have seen tained to a no larger level, which is an States; made in recent years. important first step this amendment (5) the types of commercial enterprises An EPA report that was released ear- that the immigrant investors have estab- takes care of. lished; and lier this year on the Nation’s enforce- I submit this amendment for consid- (6) the types and number of jobs created by ment of the Clean Water Act paints a eration by the ranking member, the the immigrant investors. disheartening picture. It shows addi- distinguished Senator from Maryland, f tional officers are critically needed. and the chairman, the distinguished Without this amendment, the total Senator from Missouri. I understand DEPARTMENTS OF VETERANS AF- staffing reductions made since fiscal there has been a review of my amend- FAIRS AND HOUSING AND URBAN year 2001 will equal 100 enforcement po- ment. DEVELOPMENT AND INDE- sitions. That is equivalent to elimi- Ms. MIKULSKI. Mr. President, there PENDENT AGENCIES APPROPRIA- nating all of EPA’s enforcement per- has been a review of the Senator’s TIONS ACT, 2004—Continued sonnel for both the Northeast and amendment. Mr. BOND. Mr. President, I see the Southeast regions. Mr. BOND. Mr. President, I believe distinguished Senator from New Jersey The cost of the 54 positions my we can accept this amendment. This is in the Chamber. I believe he has an amendment would retain would be ap- an increase, obviously. Our budget has amendment, and if the pricetag is rea- proximately $5.4 million. This cost, as been short in every area. We share the sonable, we may be able to accept it. the Senator from Missouri noted, will concern of the author of this amend- The PRESIDING OFFICER. The Sen- be offset by a tiny reduction of .003, or ment in ensuring EPA enforcement is ator from New Jersey. three one-thousandths of a percent, in strong enough. Mr. LAUTENBERG. I appreciate the EPA’s $22.2 billion environmental pro- There is no objection on this side. manager’s interest in permitting me to grams and management account. Ms. MIKULSKI. Mr. President, I am offer this amendment. I will try to do Again, these positions are only going an enthusiastic cosponsor of the Lau- it as quickly as I can. to keep the level of enforcement staff- tenberg amendment. He is absolutely Mr. President, I ask unanimous con- ing where it presently is. right. This money is needed because it sent that the pending amendment be Our colleagues in the House have al- essentially restores funding for the en- set aside. ready approved a similar amendment. vironmental cops on the beat. We The PRESIDING OFFICER. Without In July, they voted to add 54 enforce- wanted to do this in our bill, but cir- objection, it is so ordered. ment positions back into the bill at the cumstances shackled us from doing so. AMENDMENT NO. 2171 TO AMENDMENT NO. 2150 same cost using the same offset as the This is a good amendment. We are Mr. LAUTENBERG. Mr. President, I amendment before us. happy to accept it. I thank the Senator send an amendment to the desk and The cuts in enforcement are taking a for his longstanding advocacy in this ask for its immediate consideration. heavy toll, and the facts are these: Be- area.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.101 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14507 The PRESIDING OFFICER. Is there Ms. MIKULSKI. I move to lay that changes. The corporation ‘‘jackpotted’’ further debate on this amendment? motion on the table. advocates, volunteers, States, and local Mr. BOND. Mr. President, a request The motion to lay on the table was communities. has been made by the distinguished agreed to. My second concern is policy. The ranking member of the Appropriations AMENDMENT NO. 2173 TO AMENDMENT NO. 2150 AmeriCorps rules changes would hurt Committee that we have a voice vote Mr. BOND. Mr. President, I send to communities who depend on volunteers and not just accept these amendments the desk an amendment by Senator MI- by eliminating support for long-stand- without objection. It would be in order KULSKI which provides for the Corpora- ing, successful volunteer programs and to ask for a voice vote. tion National Service to refrain from by increasing financial and administra- The PRESIDING OFFICER. Is there disclosing any information. I ask for tive burdens on communities and vol- further debate on the amendment? its immediate consideration. unteer organizations. If not, the question is on agreeing to The PRESIDING OFFICER. The I commend the board of directors for amendment No. 2171. clerk will report. stepping in to stop the corporation. The amendment (No. 2171) was agreed The assistant legislative clerk read But it is clear that the corporation to. as follows: needs specific direction to ensure that Mr. LAUTENBERG. I move to recon- the public has a right to be heard. The The Senator from Missouri [Mr. BOND], for sider the vote. corporation doesn’t have a Senate-con- Ms. MIKULSKI. I move to lay that Ms. MIKULSKI, for herself and Mr. BOND, proposes an amendment numbered 2173 to firmed CEO. We are working on a bi- motion on the table. partisan basis to get David Eisner con- The motion to lay on the table was amendment No. 2150. Ms. MIKULSKI. Mr. President, I ask firmed as the new CEO, but the staff agreed to. must not make rule changes without Mr. BOND. Mr. President, Senator unanimous consent that the reading of leadership and public comment. ENSIGN has a statement he wishes to the amendment be dispensed with. The PRESIDING OFFICER. Without This amendment is good process, and make, but in the meantime we have a good policy. It makes sure that the number of amendments that have been objection, it is so ordered. The amendment is as follows: public has an opportunity to comment cleared on both sides. on any changes to National Service AMENDMENT NO. 2172 TO AMENDMENT NO. 2150 (Purpose: To require notice and comment rulemaking, and prohibit disclosure of se- programs. And the amendment pro- Mr. BOND. Mr. President, I send an tects the integrity of the National amendment to the desk on behalf of lection information, by the Corporation for National and Community Service) Service grant process. Senator HOLLINGS and Senator GRAHAM On page 92, line 22, strike the period and I thank Senator BOND for working of South Carolina. This is an amend- with me on this amendment. I urge my ment permitting the Secretary of VA insert the following: ‘‘: Provided further, That, for fiscal year 2004 and every year colleagues to support it. to enter into an enhanced-use lease for thereafter, the Corporation shall make any I thank the Senator from Missouri the Medical University Hospital Au- significant changes to program requirements for his strong efforts to reform the fis- thority in Charleston. or policy only through public notice and cal and sloppy practices that are at the The PRESIDING OFFICER. The comment rulemaking: Provided further, That, corporation. The volunteers are ter- clerk will report. for fiscal year 2004 and every year thereafter, rific, and now with the new CEO, I The assistant legislative clerk read during any grant selection process, no officer think we will be able to move ahead. as follows: or employee of the Corporation shall know- The PRESIDING OFFICER. The Sen- ingly disclose any covered grant selection in- The Senator from Missouri [Mr. BOND], for formation regarding such selection, directly ator from Missouri. Mr. GRAHAM of South Carolina, for himself or indirectly, to any person other than an of- Mr. BOND. I thank my colleague and Mr. HOLLINGS, proposes an amendment from Maryland for her very thoughtful numbered 2172 to amendment No. 2150. ficer or employee of the Corporation that is authorized by the Corporation to receive and well-crafted amendment. She has Mr. BOND. Mr. President, I ask unan- such information.’’. been regarded as really one of the imous consent that the reading of the Ms. MIKULSKI. Mr. President, this greatest defenders of the concept of amendment be dispensed with. AmeriCorps national service. Nobody The PRESIDING OFFICER. Without amendment is simple and straightforward. It does two things. It says the has been a stronger champion of volun- objection, it is so ordered. teer service. I have been pleased to be The amendment is as follows: Corporation for National Community Service must change the rules. It pro- a junior partner to her in this effort. (Purpose: To authorize the Secretary of Vet- She has it just right. The volunteers erans Affairs to enter into an enhanced-use tects the integrity of the grant process lease at the Charleston Department of Vet- by preventing corporation officials are wonderful. The purpose is wonder- erans Affairs Medical Center, Charleston, from disclosing sensitive grant infor- ful. We have had more than a few South Carolina) mation and insists that any changes bumps in the road in terms of how the At the end of title I, add the following: for rules for volunteer programs must program has been administered, but we SEC. 116. Notwithstanding paragraph (2) of have public comment. have high hopes that the new adminis- section 8163(c) of title 38, United States Code, One of my guiding principles is that tration in that agency, with the new the Secretary of Veterans Affairs may enter people have a right to know, to be head, the financial officer, the chair- into an enhanced-use lease with the Medical heard and to be represented. The Mi- man, will be on the right track. University Hospital Authority, a public au- I urge my colleagues to adopt this thority of the State of South Carolina, for kulski-Bond amendment upholds this approximately 0.48 acres of underutilized principle. It ensures that the public amendment. property at the Charleston Department of gets a meaningful chance to comment The PRESIDING OFFICER. Is there Veterans Affairs Medical Center, Charleston, on decisions that affect their commu- further debate on the amendment? If not, the question is on agreeing to South Carolina, at any time after 30 days nities and the volunteers who serve amendment No. 2173. after the date of the submittal of the notice them. The amendment (No. 2173) was agreed required by paragraph (1) of that section Recently, National Service tried to with respect to such property. The Secretary to. is not required to submit a report on the change the rules for AmeriCorps. I was Mr. BOND. Mr. President, I move to lease as otherwise required by paragraph (4) very troubled by the corporation’s ac- reconsider the vote. of that section. tions for two reasons: the process and Ms. MIKULSKI. I move to lay that Mr. BOND. Mr. President, I believe the policy. My first concern was the motion on the table. this amendment has been cleared on process or actually the lack of a proc- The motion to lay on the table was both sides. ess. The corporation acted behind agreed to. The PRESIDING OFFICER. The closed doors without input from Con- Mr. BOND. Mr. President, I now see question is on agreeing to amendment gress, volunteer advocates, or the com- my distinguished colleague from Ne- No. 2173. munities they serve. States, commu- vada is in the Chamber. I yield the The amendment (No. 2173) was agreed nities, and advocates were told they floor to him for such comments as he to. had just 1 business day to review wishes to make. Mr. BOND. I move to reconsider the sweeping new rules, to ask questions The PRESIDING OFFICER. The Sen- vote. about them, and to offer suggested ator from Nevada.

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AMENDMENT NO. 2152 zations this morning and gave us his per- passes, the CARES process will essentially Mr. ENSIGN. Mr. President, I rise in sonal commitment that there would be no be put on indefinite hold. opposition to the Clinton-Enzi amend- realignment or reduction in services as a re- We share Senators CLINTON’s and ENZI’s ment. sult of CARES for mental health or long- concerns regarding long-term care, domi- First, I ask unanimous consent that term care until a definitive plan is developed ciliary care, and mental health services; and in place to absorb the workload for these however, it is our understanding that the letters from the Disabled American specialized services. His promise to us satis- CARES Commission is currently reviewing Veterans, Veterans of Foreign Wars, fies our over-arching concern about the in- the data to include these services. Therefore, AMVETS, and the Paralyzed Veterans clusion of these essential programs. There- at this stage, we believe it is important to of America, all expressing their opposi- fore, we believe the CARES process should be move ahead as the location and mission of tion to the Clinton-Enzi amendment, allowed to proceed at this critical juncture. some VA facilities need to change to im- be printed in the RECORD. Again, we want to thank you for your ef- prove veterans’ access; to allow more re- There being no objection, the mate- forts on CARES and for your strong leader- sources to be devoted to medical care, rather rial was ordered to be printed in the ship and support of veterans’ issues. We very than the upkeep of inefficient buildings; and much look forward to continuing a positive to adjust to modern methods of health care RECORD, as follows: and meaningful working relationship with service delivery. Our Nation’s veterans de- DISABLED AMERICAN VETERANS, you regarding matters of great importance serve no less. Washington, DC, November 7, 2003. to veterans. We hope that you will recon- Again, I urge you not to support the Clin- Hon. HILLARY RODHAM CLINTON, sider your position on this issue based on ton/Enzi Amendment regarding the limiting U.S. Senate, Russell Senate Office Building, these new developments. of funds for the VA CARES initiative. Washington, DC. Sincerely, DEAR SENATOR CLINTON: On behalf of the DAVID W. GORMAN, PARALYZED VETERANS OF AMERICA, more than one million members of the Dis- Executive Director, Washington, DC, November 7, 2003. abled American Veterans (DAV), we write to Washington Headquarters. MEMBERS, express our concern over your proposed U.S. Senate, amendment to limit the use of funds for the AMERICAN VETERANS, Washington, DC. Department of Veterans Affairs (VA) Capital Lanham, MD, November 7, 2003. DEAR SENATOR: On behalf of the Paralyzed Asset Realignment for Enhanced Services Veterans of America (PVA) I am writing to MEMORANDUM (CARES) initiative, pending modification of express our concerns regarding an amend- the initiative to include long-term care, To: All Members of the U.S. Senate. ment we understand will be offered by Sen- domiciliary care, and mental health services From: S. John Sisler, National Commander. ator Hillary Rodham Clinton to the VA, in addition to reconvening the Commission Re: Consideration of CARES amendment in HUD, Independent Agencies Appropriation for further hearings. VA/HUD appropriations bill. bill. As we understand, this amendment ad- Initially, please know that preservation of It is our understanding that Sen. Hillary dresses the Department of Veterans Affairs’ the integrity of the VA health care system is Rodham Clinton may offer an amendment to Capital Asset Realignment for Enhanced of the utmost importance to the DAV and S. 1584, the VA/HUD appropriations bill, that Services (CARES) process and, if passed, will our members, and we greatly appreciate your would block the Department of Veterans Af- limit the expenditure of funds for the process efforts and insistence that long-term care, fairs from spending any money to enact the greatly delaying necessary improvements to domiciliary care, and mental health services CARES Commission recommendations. the VA’s medical care system. are included in the CARES initiative. These On behalf of the nationwide membership of While PVA concurs with Senator CLINTON specialized programs are an integral part of AMVETS (American Veterans), I write to ex- that the CARES process inadequately ad- providing sick and disabled veterans com- press our strong opposition to Sen. Clinton’s dresses issues of long-term care, mental prehensive health care. However, we are con- proposed amendment aimed to stop progress health services and rural health care we be- cerned your amendment may completely of the Department of Veterans Affairs Na- lieve that the amendment will so severely stall the CARES process and prohibit VA tional Capital Asset Realignment for En- restrain in the process that the many bene- from making the necessary changes to im- hanced Services (CARES) Plan. ficial aspects of CARES will be seriously prove its health care system and enhance ac- The CARES initiative is clearly needed to harmed. Delay of CARES projects that will cess and services for veteran patients. assess what facilities will best meet the benefit veterans, and in particular veterans As you are aware, over the past 7 years, healthcare needs of America’s veterans. with spinal cord injury or dysfunction, can following national trends, VA’s Veterans AMVETS believes that adoption of the only serve to weaken the VA health care sys- Health Administration converted from a pri- amendment would further delay moving for- tem upon which our members and millions of marily hospital-based system to an out- ward with construction projects that are ob- other veterans rely. patient focused health care delivery model. viously essential to patient safety and that Veterans’ service organizations have re- With these sweeping changes, there clearly will eventually pay for themselves as a received assurance from Secretary of Veterans came a need to reassess VA’s physical struc- sult of modernization. Affairs Anthony Principal that no VA beds tures and the need to realign, renovate, and AMVETS agrees with the Department of will be closed or capacity reduced until ap- modernize VA facilities to meet the chang- Veterans Affairs that many of their facilities propriate alternative health care resources ing health care needs of veterans today and need to be upgraded or replaced. We also have been identified and put in place. Addi- well into the future. Many VA medical facili- agree with the Department that part of the tionally, the Secretary has assured us that ties have an average age of 54 years and are solution for providing high quality health long term care and mental health services in critical need of repair. Unfortunately, care to America’s veterans is upgrading will be included in the planning process with VA’s construction budget has decreased some facilities and replacing others with new specificity to be provided as to who will be sharply over the last several years with po- and modern medical care treatment facili- involved, how the process will operate and litical resistance to fund any major projects ties. what timelines will be put in place. Finally before a formal plan was developed. VA re- AMVETS and I ask that you oppose any the Secretary has indicated that the issue of sponded with the CARES initiative. How- amendment that would cause the VA Na- inter-VISN (Veterans Integrated Service ever, many desperately needed construction tional CARES process to be used as an ex- Network) planning and cooperation will be and maintenance projects, including seismic cuse to defer vital infrastructure mainte- addressed. repairs that could potentially compromise nance and construction projects. In light of these assurance and the need to patient safety, have been unnecessarily de- proceed with the positive findings, to date of layed. DAV strongly believes that CARES VETERANS OF FOREIGN WARS the CARES process, PVA believes any re- should not distract VA or Congress from its OF THE UNITED STATES, strictions on funding for the CARES process obligation to protect its physical assets Washington, DC, November 6, 2003. can only serve to delay improvements in ca- whether they are to be used for current ca- To: All Members of the U.S. Senate. pacity and access of VA health care. We re- pacity or realigned. From: Robert E. Wallace, Executive Direc- quest that no limitation be place on appro- On a national level, DAV firmly believes tor, VFW Washington Office priated dollars for the Department of Vet- that realignment of capital assets is critical Re: Clinton/Enzi Amendment to H.R. 2861. erans Affairs and that the CARES process be to the long-term health and viability of the On behalf of the 2.6 million members of the allowed to expeditiously move forward. entire VA health care system. We do not be- Veterans of Foreign Wars of the United Sincerely, lieve that restructuring is inherently detri- States (VFW) and our Ladies Auxiliary, I DELATORRO L. MCNEAL, mental to the VA health care system. How- would like to take this opportunity to urge Executive Director. ever, we will remain vigilant and press VA to you to oppose the Clinton/Enzi Amendments Mr. ENZI. As we observed Veterans focus on the most important element in the to H.R. 2861, the FY 2004 VA/HUD Appropria- Day yesterday, and remembered the tions bill. process, enhancement of services and timely sacrifices each and every veteran has delivery of high quality health care services This amendment would limit the use of to our nation’s sick and disabled veterans. funds for the Capital Asset Realignment for made to grant us our current freedoms, VA Secretary Anthony J. Principi met Enhanced Services (CARES) initiative. The Congress should be doing all it can to with DAV and other veterans service organi- VFW is concerned that if this amendment help modernize and improve the VA

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.071 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14509 healthcare system at the earliest pos- tablished by Secretary Principi to ob- First, and what is paramount for the sible time. This amendment would de- jectively examine the plan, to obtain CARES process to be viable, any med- rail this effort. comments and conduct public hearings ical facility that is closed must be re- Congress should be finding new and to ensure stakeholder views are consid- placed with a facility that adequately innovative ways to get healthcare serv- ered. The CARES commission con- serves the healthcare needs of the re- ices delivered in a more timely and ducted 38 hearings, heard from over 700 gion. Second, any locality that is in convenient way to our former service- witnesses; including employees, local need of a full-service hospital must re- men and women. This amendment government officials and veterans; and ceive one. And third, any region that is would postpone this effort. took over 180,000 comments. in need of an outpatient clinic to pro- Finally, Congress needs to ensure The bottom line is that the Draft Na- vide basic care services must receive that the foundation and future of the tional CARES Plan has been exposed to one. VA healthcare system is stable and se- lengthy and close public analysis, and These priorities, as agreed to by cure, giving our veterans the peace of those observations will be included every member of the VA committee, mind that they will receive high qual- within the final plan. Next month, the emphasize, in my belief, that we sup- ity and accessible healthcare whenever CARES commission will submit their port the CARES initiative and want it it is required. This amendment would independent and comprehensive plan to move forward as quickly as possible. hinder this effort. recommendations to the Secretary, This amendment, without question, The VA will soon finalize its 20-year which he will accept or reject as a would not allow this to happen Capital Asset Realignment for En- whole. In my opposition to this amendment, hanced Services initiative, better Placing further conditions on an al- I do understand the concerns of the known as the CARES plan, for updat- ready well-detailed plan, which this sponsors. However, I believe that they ing medical facilities. Starting in the amendment would do, would hold up, have been more than adequately ad- last administration and continuing in and even disrupt, VA’s long delayed dressed. the present one, VA evaluated its fu- modernization process. The sponsors believe that the CARES ture need for healthcare facilities, For example, the House and Senate process has neglected to address the matched projected needs against cur- Appropriations Committees have de- areas of long-term care, domiciliary rent facilities, and developed a plan to clined to provide more than minimal care and mental health, mainly in match resources to needs. funding for VA medical constructions rural areas. I strongly disagree with The amendment being proposed until VA provides a nationwide plan for these assertions. would impose unnecessary conditions managing its medical facilities. By design, the VA seeks to provide before VA could go forward with this CARES is that plan. long-term care services in the least re- vital plan. Further, this amendment would in- Through CARES, VA is examining strictive setting that is compatible herently prevent VA from imple- where its facilities are located, where with a veteran’s medical condition and menting many critical components of veterans are projected to be living in personal circumstances. This allows the next 20 years, and what their the CARES plan. Anything less than VA to reserve nursing home care for health needs will be. Nationwide, VA full implementation of the CARES plan veterans who can no longer be safely provides medical care to almost 5 mil- recommendations will lead to inequi- cared for in home- and community- lion veterans. table access to care. It cannot go for- based settings. VA’s legacy facilities are old, with ward with only parts of the plan. VA expects to meet most of the fu- the average age over 50 years, many CARES is a comprehensive national ture growth for long-term care services dating back all the way to World War plan, and it must be accepted in its to- through non-institutional settings that I or even earlier. These initial facilities tality to be effective. keep veterans close to spouse, home were designed to provide medicine as it Knowing this to be true, four of the and friends. was practiced a half century ago, and major national veterans’ service orga- Since there are critical renovation in most cases, are poorly located to nizations: the Disabled American Vet- and replacement nursing home needs serve veterans where they live today or erans, the Veterans of Foreign Wars, that have been recognized, the plan in- are expected to live in the future. the Paralyzed Veterans of America, cludes several needed nursing home CARES will enable VA to leverage and AMVETS, have come out in either renovations and replacements that are scarce resources by directing funding strong opposition or have raised seri- believed to be within the projected out- from the maintenance of obsolete fa- ous concerns about the Clinton-Enzi comes of the new model. cilities and applying that funding to amendment. In planning for CARES, the networks the direct provision of healthcare serv- I believe it is critically important were to develop options taking care to ices and staffing. It calls for construc- that we consider the red flags raised by preserve current bed levels for nursing tion of new facilities where the veteran these organizations that represent al- home and inpatient long-term mental population is growing, such as the most 4 million veterans nationwide. health programs. southeastern and western United Let us consider the actions taken by More recent data is now available States. Additionally, it provides for the the committee of jurisdiction over the and suggest that both disability among realignment of facilities that are re- CARES initiative, the Senate Vet- the elderly and nursing home utiliza- dundant, out of date, or poorly located. erans’ Affairs Committee. As a member tion rates have diminished. The dis- The Draft National CARES Plan con- of this committee, I have been inti- crepancy between projected needs from tains over $4.6 billion in capital invest- mately involved in the step-by-step the current planning model and actual ments, including 11 million square feet process of analyzing this initiative, and current demand prompted VA, earlier of renovation, 9 million square feet of I believe the VA committee has dedi- this year to commence in an intensive new construction, 2 new hospitals, 48 cated more than ample time and re- review and refinement of the long-term new high priority community based sources to the study of this plan. care planning model. outpatient clinics, 2 new blind rehabili- The committee held an extensive However, because the new data could tation centers, and 4 new spinal cord hearing on the CARES initiative just not be incorporated into a new plan- injury units. this past September, receiving updates ning model for the current cycle of the The Draft National CARES Plan, from top VA officials and the Secretary CARES process, VA chose to treat the completed in August in this year, is a himself, on the progress of the plan. long-term care issues neutrally; that comprehensive integrated national pro- Ultimately more important, the VA is, there will be no major changes or posal. The CARES process has been committee in September voted unani- negative impact on care or capacity in thorough and inclusive, combining a mously to give the Secretary the au- long-term care. Once the data from the set of national assessment standards thority to implement the Draft Na- new model is available and analyzed, it with planning at the local and regional tional CARES plan once it is com- will be used for future strategic plan- levels. pleted. In doing so, the committee out- ning activities. This plan is now under review by the lined very specific priorities for the im- On the issue of rural coverage, VA is, independent CARES commission, es- plementation of this plan. in fact, very sensitive to the healthcare

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.065 S12PT1 S14510 CONGRESSIONAL RECORD — SENATE November 12, 2003 needs of rural and frontier veterans. It constituencies, and maybe over a con- country and they deserve better than was a principal factor for several of the gressional district. He is trying to re- that. CARES commission hearings to be lo- form the system, recognizing that vet- I thank the manager of the bill and cated in rural locales. Additionally, the erans are moving and that the money the ranking member for the time, and Draft National CARES plan calls for should follow so that the services are I yield the floor. the designation of critical access hos- provided to those veterans. The PRESIDING OFFICER. The Sen- pitals, recognizing the vital role that I live in the fastest growing State ator from Missouri. many of VA’s small facilities fulfill in and the fastest growing metropolitan AMENDMENT NO. 2174 TO AMENDMENT NO. 2150 providing access to acute hospital care area in the United States. It must have Mr. BOND. Mr. President, I thank the in rural or less densely populated the kind of quality of lifestyle that Senator from Nevada. We are working areas. Moreover, it recommends 48 new veterans like because they are moving on some possible amendments from the sites for community-based outpatient there in droves. Per capita, our State Senator from Illinois. Also, Senator clinics, many of those in rural areas. now has the most veterans in the MIKULSKI has a major amendment. I The amendment before us is really United States. Yet, for instance, the would like to move very quickly to do nothing more than a solution in search Las Vegas metropolitan area that has some amendments that I believe will of a problem. The VA has gone to great 1.6 million people does not have a VA not require any extended discussion. lengths to incorporate every stake- hospital. There are a couple hundred First for myself, I send an amendment holder, especially our veterans, in the thousand veterans living in the area to the desk and ask for its immediate CARES process throughout. and we have no VA hospital. We have consideration I believe they have done an excellent VA clinics but no VA hospital. So when The PRESIDING OFFICER. The job in creating a realistic and practical our veterans need surgery or have com- clerk will report. vision for the future of VA healthcare plicated procedures, they have to trav- The assistant legislative clerk read services, and we in the United States el away from their families down to as follows: Senate should help them make that vi- southern California to get those serv- The Senator from Missouri (Mr. BOND) pro- sion a reality. ices. poses an amendment numbered 2174. What this all boils down to is how do We can understand it in smaller pop- Mr. BOND. Mr. President, I ask unan- we best serve the immediate and grow- ulation areas, maybe, but in a major imous consent that the reading of the ing needs of our Nation’s veterans. No metropolitan area, where veterans are amendment be dispensed with. one here is saying that the draft plan is choosing to live, that is not keeping The PRESIDING OFFICER. Without perfect. However, we need to possess the commitment we have made to our objection, it is so ordered. the wisdom and foresight to say we veterans. The amendment is as follows: have all the necessary components in So I rise in strong opposition to this place to make a positive change and we amendment and will fight against its (Purpose: Increase funds for the Office of passage. If there is a vote on it, we will Federal Housing Enterprise Oversight to should move forward. conduct audits, investigations and exami- Many injured or ill Vietnam veterans fight against the votes to pass it, or if nations and to provide for additional emer- were disillusioned and critical when it is tried to be snuck in the omnibus gency) treated at VA medical facilities de- bill, if this bill does not actually get On page 61, beginning on line 7, strike out signed and built to treat their World passed today, we will fight against put- ‘‘$32,415,000,’’ and all that follows through War II fathers or even World War I ting it in the omnibus bill. The reason the period on line 16 and insert in lieu there- grandfathers. Veterans of Iraq and Af- why is because it is so important that of ‘‘$39,915,000, to remain available until ex- ghanistan are now returning to many we look the men and women in the face pended, to be derived from the Federal Hous- of those same facilities. who are serving in our military today ing Enterprise Oversight Fund: Provided, It is time to take the first step to- and say we are going to keep the com- That not less than 60 percent of total ward bringing the level of care for all mitment we are making to them today. amount made available under this heading shall be used for licensed audit personnel and our veterans into the 21st century. They already made the sacrifices, audit support: Provided further, That an ad- They have waited long enough, and we and now we need to keep our commit- ditional $10,000,000 shall be made available need to act now to improve the lives of ment to them. In the future, we will until expended, to be derived from the Fed- each and every veteran in America. keep our commitment to them and eral Housing Enterprise Oversight Fund only In summary, we all have made com- they can count on that. upon a certification by the Secretary of the mitments to our veterans that we Secretary Principi and the adminis- Treasury that these funds are necessary to should take care of them. These are the tration, I believe, are trying to do the meet an emergency need: Provided further, men and women who have donned the right thing. They are trying to say That not to exceed such amounts shall be uniform of the United States and have that as the veterans are moving, we available from the general fund of the Treas- ury to the extent necessary to incur obliga- made incredible sacrifices so that we recognize that. For a long time the VA tions and make expenditures pending the re- can live in freedom. We live in the has needed updating and changing, and ceipt of collections to the Fund: Provided greatest country, I believe, in the his- they finally have the courage to start further, That the general fund amount shall tory of the world, with the most free- doing that. As a legislative body, let us be reduced as collections are received during doms of any people in the history of not stop that process. the fiscal year so as to result in a final ap- the world. This country of ours has My colleague Senator REID and I propriation from the general fund estimated only remained free because people have have worked very hard on improving at not more than $0.’’. been willing to lay their lives down to the services for veterans in our State, Mr. BOND. At the request of the ad- ensure those freedoms for us, our chil- both in northern and southern Nevada, ministration, this amendment would dren, and our grandchildren. as all Senators try to do for their increase funding for the Office of Fed- The amendment that has been pro- State. The bottom line is we should not eral Housing Enterprise Oversight, posed today would violate the commit- hurt the services in the fastest growing OFHEO, for this year by $7.5 million. ment to our U.S. veterans. I say that areas of our country where the waits These funds are intended to strengthen because the veterans are moving away are so long, where people have to travel OFHEO’s examination, legal and from the old rust belt. We should be out of State to get the proper medical human resources functions, and the taking the health care, which is their services. Let us look at our veterans fund’s special investigation. The primary issue, to our veterans. Serv- and say no matter where they move in amendment includes an additional $10 ices, need to follow where the veterans the United States, they are going to million that is available only upon cer- are moving. We should not be trying to get the kind of services they have tification by the Secretary of the prop up institutions, instead, we should earned. And make no mistake about it, Treasury that there is an emergency be moving the healthcare services they have earned those services. need for additional funds. where those veterans are relocating. Anybody who has taken a look at There is, I believe, a compelling need Secretary Principi is doing a wonder- what I believe is this ill-conceived to reform the regulatory structure gov- ful job of trying to put the priorities of amendment will say this would, in ef- erning Fannie Mae and Freddie Mac. the veterans over process, over other fect, do harm to many veterans in this At a minimum, the senior management

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.068 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14511 of OFHEO must be replaced, and re- The amendment (No. 2175) was agreed encourage sharing between the North placed now. to. Chicago VA Medical Center and the Senior management, in my view, has AMENDMENT NO. 2176 TO AMENDMENT NO. 2150 Great Lakes Naval Training Center repeatedly failed to meet the most Mr. BOND. On behalf of the Senators (NTC) because of the proximity of the basic requirements of OFHEO’s mis- from Illinois, Mr. DURBIN and Mr. FITZ- medical facilities. The Navy’s hospital sions. For example, it took over 10 GERALD, I send an amendment to the is 11⁄2 miles from the North Chicago VA years for OFHEO to issue its risk-based desk dealing with the North Chicago Medical Center, and the VA property capital standards, despite the fact that VA Medical Center, making it avail- adjoins Great Lakes NTC. The aim of this is OFHEO’s primary mission and able to the maximum extent feasible. I the delegation was to keep the North key to its regulatory oversight of the ask for its immediate consideration. Chicago VA Medical Center open, im- GSEs. The PRESIDING OFFICER. The prove options for medical care for the This failing became even more evi- clerk will report. Navy, improve training options for VA dent when OFHEO publicly praised The assistant legislative clerk read and Navy medical personnel, reduce Freddie Mac’s management just days as follows: costs, and improve access to health before Freddie Mac’s management was The Senator from Missouri [Mr. BOND], for care for veterans and Department of removed for accounting irregularities. Mr. DURBIN, for himself and Mr. FITZGERALD, Defense beneficiaries. I applaud the work of the Banking proposes an amendment numbered 2176 to The VA’s process to consolidate vet- Committee in the Senate and in the amendment No. 2150. eran’s health care facilities in the Chi- House, Senator SHELBY, Congressman Mr. BOND. I ask unanimous consent cago area allowed the North Chicago BAKER, and the ranking members for the reading of the amendment be dis- VA Medical Center to stay open, but making regulatory reform of OFHEO a pensed with. with the proviso that more sharing be- priority. I look forward to working The PRESIDING OFFICER. Without tween the VA and the Navy would take with them next year to help develop objection, it is so ordered. place. the right regulatory system. The amendment is as follows: The Navy agreed to use the North The PRESIDING OFFICER. The Sen- (Purpose: To insert a provision relating to Chicago VA Medical Center facilities ator from Maryland. VA-Navy sharing of facilities at North Chi- as much as possible, in lieu of the Ms. MIKULSKI. I concur with my cago VA Medical Center) Navy’s outdated hospital, but renova- colleague. At the appropriate place, insert the fol- The PRESIDING OFFICER. Is there lowing: tion of a currently closed ward at the further debate? If not, the question is SEC. . Notwithstanding any other provi- North Chicago VA Medical Center is re- on agreeing to the amendment. sion of law, the Secretary of Veterans Affairs quired for a surgery suite, and the The amendment (No. 2174) was agreed shall make the North Chicago VA Medical emergency and urgent care centers to. Center available to the Navy to the max- must be upgraded. The VA is planning Mr. BOND. Mr. President, I move to imum extent feasible. The Secretary shall to award a design contract for this reconsider the vote. report to the Senate Appropriations Com- work at the end of this year. mittee by June 30, 2004, regarding the For its part, the Navy has agreed to Ms. MIKULSKI. I move to lay that progress in modifying North Chicago VA motion on the table. Medical Center’s surgical suite and emer- build a new ambulatory care center The motion to lay on the table was gency and urgent care centers for use by vet- that could be used for active duty mili- agreed to. erans and Department of Defense bene- tary personnel as well as for veterans. AMENDMENT NO. 2175 TO AMENDMENT NO. 2150 ficiaries. Further, the Secretary shall con- It will be paid for out of the Navy’s Mr. BOND. I send to the desk an sider having the new joint VA/Navy ambula- budget, but I believe that the VA amendment on behalf of Senator STE- tory care center to serve both veterans and should have input into the site selec- VENS relating to the Native American Department of Defense beneficiaries sited on tion. Having the ambulatory care cen- Housing Assistance and Determination or adjacent to the North Chicago VA Medical ter on or adjacent to the North Chicago Center and shall consult with the Secretary Act. of the Navy to select the site for the center. VA Medical Center would make sense. The PRESIDING OFFICER. The The Secretary of Veterans Affairs shall re- The center will be used by both vet- clerk will report. port to the Senate Appropriations Com- erans and military personnel, and hav- The assistant legislative clerk read mittee on the site selection by June 30, 2004. ing it on or adjacent to the VA facility as follows: Mr. BOND. I yield for any statement would ease veterans’ access to it. The The Senator from Missouri [Mr. BOND], for by the Senator from Illinois. North Chicago VA Medical Center sits Mr. STEVENS, proposes an amendment num- Mr. DURBIN. I thank the chairman on a large tract of land, and, while the bered 2175 to amendment No. 2150. and the ranking Democrat for accept- Naval base is accessible, it still re- The amendment follows: ing this amendment on behalf of Sen- quires gaining entry through the en- (Purpose: To provide an allocation of funding ator FITZGERALD and myself. We are hanced security procedures of a mili- under the Native American Housing Assist- trying to encourage the cooperation of tary base, making it more difficult for ance and Self-Determination Act of 1996 for veterans if the center were physically the State of Alaska) the North Chicago Veterans Hospital on the base. On page 86, between lines 11 and 12, insert and the Great Lakes Training base for the following: the benefit of the veterans, the sailors, The amendment that Senator FITZ- GERALD SEC. 2ll. NATIVE AMERICAN HOUSING. and the taxpayers. and I offer today requires a re- ALLOCATION OF FUNDING.—Of the amounts Ms. MIKULSKI. This is an excellent port regarding the progress in modi- made available to carry out the Native amendment. We concur. fying North Chicago VA Medical Cen- American Housing Assistance and Self-De- Mr. BOND. This is something we need ter’s surgical suite and emergency and termination Act of 1996 (25 U.S.C. 4101 et to do throughout the system, and we urgent care centers for use by veterans seq.) for fiscal year 2004, there shall be made need to have a better integration of the and Department of Defense bene- available to each grant recipient the same health care facilities of the active mili- ficiaries, demonstrating continued percentage of funding as each recipient received for fiscal year 2003. tary and the Veterans Affairs. I com- Congressional interest that these plans Mr. BOND. This is an amendment mend the Senators from Illinois and stay on track and on schedule. The dealing with Native American housing. hope this model can be adopted else- amendment also requires that the Sec- It is a simple amendment. where. retary of Veterans Affairs consult with The PRESIDING OFFICER. Is there Mr. DURBIN. Mr. President, I want the Secretary of the Navy to select the further debate on the amendment? to thank the bill managers for accept- site for the ambulatory care center, in Ms. MIKULSKI. Mr. President, I have ing the amendment that I am offering order to ensure a role for the Secretary no objection. This has been a long- today, along with Senator FITZGERALD, of Veterans Affairs in negotiations standing issue raised by our colleague to encourage further sharing of health with the Secretary of the Navy on site from Alaska. It is a very compelling care facilities between the Department selection. situation. of Veterans Affairs and the Navy in I appreciate the efforts of the bill The PRESIDING OFFICER. If there North Chicago, IL. managers to work with us on this is no further debate on the amendment, The Illinois delegation has worked in amendment and to include it in the the amendment is agreed to. a bipartisan manner for four years to managers’ package.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.074 S12PT1 S14512 CONGRESSIONAL RECORD — SENATE November 12, 2003 The PRESIDING OFFICER. Is there The motion to lay on the table was and valid and have been validated by further debate? If not, the question is agreed to. independent research. on agreeing to the amendment. AMENDMENT NO. 2178 TO AMENDMENT NO. 2150 The Federal Government must do The amendment (No. 2176) was agreed Ms. MIKULSKI. Mr. President, I send more to help meet these needs. Failure to. an amendment to the desk and ask for to do so places a great burden on the Mr. BOND. Mr. President, I move to its immediate consideration. local taxpayers because it shifts the re- reconsider the vote. The PRESIDING OFFICER. The sponsibility to them. We have created Ms. MIKULSKI. I move to lay that clerk will report. an unfunded Federal mandate. At the motion on the table. The assistant legislative clerk read same time, the lack of proper water The motion to lay on the table was as follows: and sewer threatens public health and agreed to. The Senator from Maryland [Ms. MIKUL- environmental safety. Our State and AMENDMENT NO. 2177 TO AMENDMENT NO. 2150 SKI] proposes an amendment numbered 2178 local governments are also revenue- Mr. BOND. Mr. President, I send an- to amendment No. 2150. starved to meet these mandates. other amendment to the desk on behalf Ms. MIKULSKI. I ask unanimous Let me tell you about some of the of Senator MURKOWSKI relating to rural consent the reading of the amendment studies. teacher housing, amending the Denali be dispensed with. In fiscal year 2000, the Water Infra- Commission Act to provide the ability The PRESIDING OFFICER. Without structure Network said our water and of the Commission to make grants and objection, it is so ordered. sewer systems will face a funding gap loans to public school districts serving The amendment is as follows: of $12 billion over the next 20 years. remote incorporated cities and unin- (Purpose: To provide for certain GAO said the cost to really do our corporated communities in Alaska. capitalization grants) water and sewer systems the way they The PRESIDING OFFICER. The On page 104, between lines 14 and 15, insert need to meet not only environmental clerk will report. the following: but public health concerns will be $300 The assistant legislative clerk read For an additional amount for capitalization grants for State revolving funds, billion over 20 years. There is study as follows: $3,000,000,000, to remain available until ex- after study after study that validates The Senator from Missouri [Mr. BOND], for pended, of which $1,850,000,000 shall be for this. Ms. MURKOWSKI, proposes an amendment capitalization grants from State water pollu- In my own State of Maryland, there numbered 2177 to amendment No. 2150. tion control revolving funds established is $4 billion in unmet needs. This isn’t Mr. BOND. I ask unanimous consent under title VI of the Federal Water Pollution Senator BARBARA MIKULSKI talking; the reading of the amendment be dis- Control Act (33 U.S.C. 1381 et seq.) and this is the State of Maryland speaking. pensed with. $1,150,000,000 shall be for capitalization Our Eastern Shore and rural commu- The PRESIDING OFFICER. Without grants from State drinking water treatment nities are trying hard to reduce harm- objection, it is so ordered. revolving loan funds under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12): ful nutrients that pollute the Chesa- The amendment is as follows: Provided, That the entire amount made peake Bay. Every time they increase (Purpose: To provide housing for teachers, available under this paragraph is designated their bonding authority to pay for un- administrators, and other school staff in by Congress as an emergency requirement funded mandates, it means one less remote areas of Alaska since such housing under section 502(c) of H. Con. Res. 95 (108th school or one less highway. But the is often extremely substandard, if it is Cong.). needs of Maryland are a cameo of the even available at all, and rural school dis- Ms. MIKULSKI. Mr. President, I rise tricts in Alaska are facing increased chal- needs of the Nation. We are simply not lenges, including meeting the mandates of to offer an amendment to increase putting enough money in the Federal the No Child Left Behind Act, and in re- funding for our communities for our checkbook for water and sewer sys- cruiting and retaining employees due to a Nation’s waste system. My amendment tems. lack of housing units) is simple and straightforward. It adds In my own hometown of Baltimore, At the appropriate place, insert the fol- $3 billion to the VA–HUD bill for a our sewer system was built over 100 lowing: total of $5.2 billion for water and sewer years ago. We are under a court order SEC. ll. RURAL TEACHER HOUSING. infrastructure. My amendment in- instituted by the EPA to rebuild it. It Section 307 of the Denali Commission Act creases funding in the EPA clean water will cost $1 billion to do this. In order of 1998 (42 U.S.C. 3121 note) is amended by State revolving loan fund to $3 billion, to be able to do this, ratepayers will adding at the end the following: over $1.3 billion. My amendment also pay the bill. ‘‘(e) RURAL TEACHER HOUSING.—The Com- mission may make grants and loans to pub- increases funding in the EPA drinking This is an issue where growing green lic school districts serving remote incor- water revolving fund from $850 million also generates jobs. porated cities and unincorporated commu- to $2 billion. The second reason this amendment is nities in Alaska (including Alaska Native When I offer this amendment, I want necessary is that it creates jobs. It is Villages) with a population of 6,500 or fewer to be very clear. I am in no way crit- estimated for every $1 billion we spend persons for expenses associated with the con- ical of the effort the committee has on water infrastructure, 40,000 jobs are struction, purchase, lease, and rehabilitation made. I have been part of the effort. I created, from the civil engineers and of housing units in such cities and commu- congratulate Senator BOND for his ro- architect who design on it, to construc- nities. Unless otherwise authorized by the Commission, such units may be occupied bust funding for water and sewer sys- tion contractors, to heavy equipment only by teachers, school administrators, and tems. I thank him for his hard work on manufacturers, and even those who run other school staff (including members of this issue. But we simply did not have the lunch wagons at the job site. This their households).’’. enough money in our allocation. The creates jobs, but it has value for the Mr. BOND. This is carrying on our ef- budget cut $500 million from the Presi- taxpayer. It will give the State a much forts to provide the best possible serv- dent’s budget from the clean water needed breather as they themselves are ices to people in underserved areas of State revolving loan fund. Senator trying to meet this need. Alaska. I urge its adoption. BOND and I worked together to restore My amendment is temporary and it The PRESIDING OFFICER. Is there that $500 million, and we are very is targeted. It is a one-time $3 billion further debate? grateful for that. But the Nation calls increase. This isn’t $3 billion every Ms. MIKULSKI. I concur with the out for more. year; it is $3 billion this year. The amendment. Our Nation’s communities are facing State loan funds have widespread sup- The PRESIDING OFFICER. The enormous needs in their effort to pro- port and would go a long way in help- question is on agreeing to the amend- vide clean water and safe water and to ing this. ment. comply with Federal environmental The President requested $3.7 billion The amendment (No. 2177) was agreed mandates. The need for better water for water and sewer projects in Iraq. to. and sewer systems is much greater The President requested this funding Mr. BOND. Mr. President, I move to than the amount that we now have in as an emergency. reconsider the vote. the Federal checkbook. I respect what the President said, but Ms. MIKULSKI. I move to lay that There have been studies, and studies we have an emergency here. We have motion on the table. after that, and the needs have been real crumbling water systems that threaten

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.078 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14513 public health. We need billions of dol- Thank you for supporting clean and safe begun to cause very serious harm to public lars. We have rising rates for our citi- water in America. health, to the environment, and to our econ- zens, and at the same time the local Sincerely, omy. Experts estimate 7.1 million cases of mild ratepayer is going to shoulder the re- American Concrete Pipe Association (ACPA); American Concrete Pressure Pipe to moderate and 560,000 cases of moderate to sponsibility. If there is an emergency Association (ACPPA); American Council of sever infectious waterborne disease in the in Iraq, there is surely a water and Engineering Companies (ACEC); American United States each year, costing untold bil- sewer emergency in this country. Public Works Association (APWA); Amer- lions of dollars in health care and other ex- My amendment has widespread sup- ican Society of Civil Engineers (ASCE); penses. port—from the Water Infrastructure American Water Works Association The CDC found that in 1999–2000 there were (AWWA); Associated Equipment Distribu- 39 disease outbreaks associated with drink- Network, a coalition of 47 nationally ing water and 59 associated with recreational organized recognized organizations, to tors, Inc. (AED); Association of Equipment Manufacturers (AEM). water. Experts say approximately 1 in 10 wa- local officials, water and sewer service Associated General Contractors of America terborne disease outbreaks are detected. providers, engineers, construction con- (AGC); Association of California Water Agen- There are over 200,000 water main breaks/ tractors, labor unions, and environ- cies (ACWA); Association of Metropolitan yr. in the U.S. The loss of swimming opportunities (beach mentalists. This is the place where it Sewerage Agencies (AMSA); Association of closings) due to pathogen contamination is Metropolitan Water Agencies (AMWA); Cali- all comes together—mayors, Gov- valued at $1–2 billion annually in the U.S. ernors, workers, private sector. fornia Rebuild America Coalition (CalRAC); (EPA, 1995). These will not be government jobs. Construction Management Association of Economic losses due to swimming-related America (CMAA); Chesapeake Bay Founda- illnesses estimated at $28 billion annually These will be jobs in the private sector, tion (CBF); Design-Build Institute of Amer- in the local community, meeting local (EPA, 1995). ica (DBIA). There are estimated to be at least 40,000 needs. Groups such as the League of Environmental and Energy Study Institute discharges of raw sewage each year from Cities and the Association of Counties (EESI); International Association of Bridge, ‘‘sanitary’’ sewer systems into streets, play- and others do that. Structural, Ornamental and Reinforcing Iron grounds, and waterways and 400,000 basement I ask unanimous consent that two Workers; International Brotherhood of backups (U.S. EPA 2001). letters of support for my amendment Teamsters; International Union of Brick- Raw sewage discharges from combined layers and Allied Craftworkers (BAC); Inter- sewer systems dump 1.2 trillion gallons of be printed in the RECORD. They are national Union of Operating Engineers, AFL- raw sewage into waterways each year in from the Water Infrastructure Net- CIO (IUOE); Laborers’ International Union of more than 700 U.S. cities. work, the Coalition of the American North America (LIUNA); National Associa- Over 90% of U.S. city water supplies con- Rivers and Ocean Conservatory, and tion of Counties (NACo). tinue to use pre-WWI era technology to treat others. National Association of Flood and drinking water. There being no objection, the mate- Stormwater Management Agencies Earlier this year the Senate in its Budget Resolution approved a $3 billion increase in rial was ordered to be printed in the (NAFSMA); National Association of Regional Councils (NARC); National Association of funding for the SRFs above last year’s level, RECORD, as follows: Sewer Service Companies (NAASCO); Na- but unfortunately this proposal did not sur- WATER INFRASTRUCTURE NETWORK, tional Association of Towns and Townships vive conference with the House. The Mikul- Washington, DC, October 24, 2003. (NATaT); National Heavy & Highway Alli- ski amendment would make this critical Hon. BARBARA MIKULSKI, ance; National League of Cities (NLC); Na- funding available through an emergency des- U.S. Senate, Hart Senate Office Building, tional Precast Concrete Association (NPCA); ignation. Since inadequate drinking water Washington, DC. National Ready Mixed Concrete Association and wastewater treatment results in raw Re support for $5.2 billion for Clean & Safe (NRMCA). sewage discharges, contaminated drinking Water SRFs. National Rural Water Association (NRWA); water, beach closings, and waterborne disease outbreaks, this national problem clear- DEAR SENATOR MIKULSKI: The Water Infra- National Society of Professional Engineers structure Network (WIN) strongly supports (NSPE); National Urban Agriculture Council ly qualifies as a public health emergency. We strongly urge you to support investing your $5.2 billion amendment for the Clean (NUAC); Operative Plasters’ and Cement Ma- now in a clean water future for our nation. Water and Safe Drinking Water State Re- sons’ International Association; Pipe Reha- We also ask you to support any other amend- volving Funds (SRFs) in the Fiscal Year bilitation Council (PRC); Plastics Pipe Insti- ments that improve environmental protec- (FY) 2004 Veterans, Housing and Independent tute, Inc. (PPI); Portland Cement Associa- tion and to keep the bill free of anti-environ- Agencies Appropriations bill. WIN is a broad- tion (PCA); Rural Community Assistance mental riders. based coalition of 47 nationally-recognized Program, Inc. (RCAP). Sincerely, organizations that represent local elected of- SAVE International (SAVE); Uni-Bell PVC S. Elizabeth Birnbaum, Director of Gov- ficials, drinking water and wastewater serv- Pipe Association (Uni-Bell); The Vinyl Insti- ernment Affairs, American Rivers, Bob ice providers, environmental and health ad- tute; Underground Contractors Association Perciasepe, Chief Operating Officer, ministrators, engineers, labor unions, con- of Illinois (UCA); United Brotherhood of Car- National Audubon Society; Paul struction contractors, and environmental- penters and Joiners of America (UBC); Water Schwartz, National Campaigns Direc- ists. WIN is dedicated to preserving and pro- Environment Federation (WEF); WaterReuse tor, Clean Water Action; Dawn Ham- tecting the health, environmental, and eco- Association (WasteReuse); Western Coalition ilton, Executive Director, Coast Alli- nomic gains that America’s drinking water of Arid States (WESTCAS). ance; Diana Neidle, Public Policy Ad- and wastewater infrastructure provides. vocate, Consumer Federation of Amer- The SRFs help local communities meet October 27, 2003. ica; Michele Merkel, Counsel, Environ- water quality standards, repair and replace Support Mikulski amendment to fight water mental Integrity Project; Sara Zdeb, old and decaying pipelines and plants, pro- pollution on VA/HUD 2004 appropriation Legislative Director, Friends of the tect public health, and ensure continued bill. Earth. progress in restoring the health and safety of DEAR SENATOR: We ask you to vote in favor Lisa Ragain, GWU Medical Center, Cen- America’s water bodies. This investment is a of Senator Mikulski’s floor amendment to ter for Risk Science and Public Health, much-needed down payment to improve our the VA–HUD appropriations bill appro- National Association of People with nation’s water and wastewater treatment priating $3 billion this year to fund critical AIDS; Olivia B. Wein, Staff Attorney, plants. Your support for additional funding drinking water and wastewater infrastruc- National Consumer Law Center; Nancy for the SRFs would help stimulate the econ- ture needs. Our nation’s perpetual failure to Stoner, Senior Attorney, Natural Re- omy, create jobs and provide funds for secur- invest in maintaining our drinking water sources Defense Council; Catherine ing our water infrastructure for generations and sewer systems is endangering public Hazlewood, Clean Oceans Programs to come. WIN supports your proposed in- heath and safety. The gap between our needs Manager, The Ocean Conservancy; Kyle crease in federal funding in FY 2004 for the and our spending is on the order of $15 billion Kinner, Legislative Director, Physi- Clean Water SRF from its current level of each year according to EPA. cians for Social Responsibility; Anna $1.35 billion to $3.2 billion and for the Drink- The current funding is grossly insufficient Aurilio, Legislative Director, U.S. Pub- ing Water SRF from $850 million to $2 bil- to meet our nation’s water quality needs, in- lic Interest Research Group; Michele lion. WIN believes this is an important first cluding addressing drinking water security Boyd, Legislative Representative, Pub- step toward developing a long-term, sustain- issues, removing arsenic and other toxins lic Citizen; Debbie Boger, Deputy Leg- able solution to close our country’s infra- from our tap water, rehabilitating aging islative Director, Sierra Club. structure funding gap. sewer plants, controlling raw sewer over- Safeguarding clean and safe water must re- flows, decontaminating stormwater dis- Ms. MIKULSKI. Mr. President, in main one of our nation’s highest priorities charges, and minimizing polluted runoff. The conclusion, my amendment helps our even though funding its continued improve- cumulative impact of our society’s failure to communities by providing more fund- ment is one of our greatest challenges. invest in clean water year after year has ing to meet immediate water and sewer

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.081 S12PT1 S14514 CONGRESSIONAL RECORD — SENATE November 12, 2003 needs so our communities can have counting on and depending on to help When some Members petitioned this clean and safe water. Water and sewer defend us at this time. We literally administration, and particularly the funding provides dual value for the tax- could not win this war or even begin House Republican leadership, to give payers. It helps public health, it helps this endeavor without their commit- some relief, to provide some tax relief the environment. We will have clean ment. to these businesses to encourage them water and safe water, and it creates We must remain committed to the to maintain those salaries for our jobs. quality of life of our veterans and to Guard and Reserve, we were told: We I urge my colleagues to support my letting our Guard and Reserve men and do not have enough money. amendment to provide $3 billion more women know how much we appreciate We had 1.75 trillion to give tax cuts for our communities because I know them. We must keep ever vigilant, par- generally to people not in the military, every single State could use at least $1 ticularly when it comes to the Guard but we could not find a few pennies to billion more and I wish we could do it. and Reserve. We are getting ready to help our businesses in this country, to I yield the floor. send another 43,000. help their employees meet their sala- The PRESIDING OFFICER. The Sen- I wish to make a couple of comments ries for the benefit of their families. I ator from Louisiana. about the tax treatment of our Guard know the Senator wants to get back to Ms. LANDRIEU. Mr. President, I rise and Reserve and speak about some dis- the HUD bill, and I will in a minute, to speak on the underlying bill as well appointment in that area. but I want to make this point and then as to make some general comments Yesterday, with some fanfare, the get to the underlying bill, VA–HUD. about the Defense authorization bill we Military Family Tax Relief Act was What we have to do in every way we just passed and a few comments about passed. It is a help, but in my mind it can, whether it is this veterans bill we the veterans provisions generally. is an insufficient gesture. It is too are debating now, whether it is in De- I thank the Chair and the ranking modest for what our men and women in fense authorization, or whether it is in member for their good work on the un- uniform deserve. The bill provided $1.1 our tax bills, to recognize our first pri- derlying bill. I understand we hope to billion in tax relief, which was asked ority should be to our men and women pass this very important appropria- for and which is most certainly de- in uniform, overseas and here on our tions bill before 6 o’clock this evening. served. It doubles the amount of pay- home front. When we design tax pack- I was unable to be here earlier today. ments to survivors of soldiers killed in ages and tax benefits, they should be I want to make a couple of comments action from $6,000 to $12,000—not a lot the first, not the last, to receive the regarding veterans generally. of money, but it helps the families bet- help. They should be getting the lion’s There are 400,000 veterans in Lou- ter than the $6,000 that was in the pre- share or the essence or the core, not isiana, and 12,000 of them are directly vious law. It allows guards and reserv- the crumbs that fall from the table. affected in a very positive way by the ists to deduct travel expenses, it allows Unfortunately, still, despite the lives underlying bill. troops to deduct the cost of equipment that are being given, despite the effort Before I speak about that, I wish to they buy themselves, and it reduces that is being made, they still are re- say that the chairman of the Armed the residency requirement so our ceiving crumbs when they deserve the troops can take full benefit of the cap- Services Committee, Senator WARNER whole loaf of bread. from Virginia, and our ranking mem- ital gains provision in the law as do I will submit for the RECORD an arti- other Americans who are not in the cle about a reservist reward for MSG ber, Senator LEVIN, should be com- mended for crafting a very good De- service. Rodriguez: His reward was bankruptcy. But this bill did not go far enough. I fense authorization bill at a very dif- When MSG Rodriquez and his company wish to speak for a minute about this ficult time. were activated for 1 year, they were and my strong objection to moving for- I was formerly a member of the given an 8-hour notice. He had to leave ward with it without additional help Armed Services Committee and worked behind his wife to run the couple’s con- and support. for many years to fashion a bill, and I struction company. He comes home The bill that was signed, Tax Relief and his daughter, of course, is crying know how difficult it is even in times for Families in the Military, rep- that are not stressful, much less in a and in tears, his wife is upset because resented .006 percent of the $1.75 tril- they lost their business. Their income time when we are in a war against ter- lion in tax relief that has been passed was cut by 80 percent. I ask unanimous ror in Iraq, here at home and other by this Congress at the urging of this consent to have this article printed in places around the world. It seems to administration. Let me repeat. The bill the RECORD. me, as a former member of the com- that was signed on Tuesday for the There being no objection, the mate- mittee, that the conference could have military only represented .006 percent rial was ordered to be printed in the imploded many different times. But to of the tax cuts that have been provided RECORD, as follows: Senator WARNER’s and Senator LEVIN’s by this administration to Americans [From CBS Evening News, Nov. 11, 2003] credit and very good bipartisan work- generally. Yet the military, the men A RESERVIST’S REWARD—BANKRUPTCY ing relationship, that bill was passed and women in uniform today, the over On a sun soaked street in northern Cali- earlier today. 1 million men and women in uniform, fornia, Air Force reservist Oscar Rodriguez While I don’t agree with all the pro- are providing 100 percent of our secu- is finally back home from active duty, visions of it, there are a couple which rity, one could argue. That is not to di- where, as CBS News Correspondent Byron are very important to our troops in minish the role of our men and women Pitts reports, the high and unexpected cost Louisiana: No. 1, the 4.1 percent pay in uniform, police and fire on the home of war has taken a toll. raise for all of our troops. And, No. 2, ‘‘They ain’t giving us a loan cause I got front, but protecting our borders, fight- bad credit,’’ says Rodriguez. we moved closer to completely elimi- ing the battles overseas, they are pro- ‘‘It was hard seeing my mom,’’ says his nating the disability tax on veterans in viding 100 percent of the protection. daughter Desiree. ‘‘I mean seeing her Louisiana with 20 years of service; that Yet they only receive in this bill .006 stressed and seeing her cry—it hurts a lot.’’ is, 12,000 men and women who now, percent of the tax cut. When Master Sgt. Rodriguez and his com- when they retire, do not get their full We asked, Republicans and Demo- pany were activated for one year—on eight retirement and disability benefits but crats alike, to please include a provi- hours notice—he left behind his wife to run the couple’s construction company. basically have to give up 50 percent of sion that would have allowed the ‘‘My dad was away and so she’s pretty that benefit. This bill we passed earlier Guard and Reserve who are leaving much was doing this on her own cause he today corrects that. For those families their jobs and leaving their businesses can’t do anything about it when he’s gone, and their loved ones, that will mean to go fight in Iraq, to please have the and I can’t really do anything about it, but immediate help. Federal Government recognize that I try,’’ says Desiree. In addition, the TRICARE eligibility many of these families are losing in- They all tried, but with Rodriguez at war, expansion for guardsmen and reserv- come, sometimes as much as 60, 70, or repairing Air Force cargo planes, the family income was cut by 80 percent. ists, if they are unemployed or cannot 80 percent. We are asking them not just ‘‘I lost the bids for my construction acquire health insurance from their to go and put their life on the line, but projects,’’ says Rodriguez. ‘‘I lost my sav- employers, is a tremendous gesture to we are asking them to put their liveli- ings. I lost my credit. My credit history—it’s the Guard and Reserve who we are hood on the line. in shambles.’’

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.082 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14515 Despite federal laws protecting active duty ‘‘We cannot simultaneously encourage restored a lot of the cuts that were pro- reservists from creditors during wartime, the Americans to serve their country in the Na- posed by this administration. I am creditors kept calling. Their home is now in tional Guard and Reserves and then punish proud to be part of helping to pass a foreclosure. those who enlist by taking away a large por- veterans bill. But let’s not forget it is ‘‘You do everything that you’re supposed tion of their income,’’ Durbin said. to do without asking for help,’’ says his wife The Illinois senator described the case of not just about appropriations bills Kathy. ‘‘All you want is for everyone to do one Air Force reservist who took a $45,000 where we can help our men and women the right thing.’’ cut in pay when he was called to duty and in uniform. Tax bills can help them. The Rodriguez family aren’t the only ones left his job as an air traffic controller in Chi- Other direct spending bills can help who’ve sacrificed. Of the nearly 200,000 re- cago. them. No one deserves our help more servists on active duty in Afghanistan, Iraq ‘‘This was a severe blow to his family,’’ than people who put on a uniform and around the world, one-third have taken Durbin said. a pay cut in order to serve their country. According to Landrieu, several local and every day and actually put their life on Rodriguez is now trying to rebuild his busi- state governments, as well as private compa- the line. ness one step at a time. He’s gone from nies, have a pay gap plan in place to address This Senator does not think we are building hotels to kitchen counters. He’s this issue and the federal government needs doing enough and can afford to do more suing his creditors as much for the principle to do the same. when we found an offset to make reg- as the money. ‘‘Reserve and guard employees—whether ular people pay the taxes they owe. If ‘‘It’s about every soldier, sailor, airman or working in the public or private sector— they do not want to put on a uniform marine,’’ says Rodriguez. ‘‘Anybody who’s should not have to take a pay cut when and fight, that is fine, but at least give serving our country has a right to at least called to active duty, and that’s exactly not be concerned about the wolves knocking what’s happening now,’’ Landrieu said. the benefits to the people who are pro- at the door.’’ ‘‘These men and women are not getting a tax tecting their ability to make a living. Asked if they’re going to recover, cut, they are taking a pay cut to serve. It I yield the floor. Rodriguez and his wife say they aren’t sure. does not make sense.’’ Mr. JEFFORDS. Mr. President, I am ‘‘We’re separated,’’ said Kathy Rodriguez, According to Durbin, the gap in salary can a cosponsor of the Lautenberg-Mikul- as her husband sat silently beside her. range from 2 percent to 48 percent. ski amendment increasing funding for The strain of duty and debt may have cost ‘‘We must provide our reservist employees the enforcement activities of the Envi- this couple their marriage. Yet, Rodriguez with financial support so they can leave ronmental Protection Agency, EPA. I has re-enlisted. their civilian lives to serve our country He’s a member of an Air Force Honor without the added burden of worrying wheth- would like to voice my strong support Guard. er their loved ones back home can make the for this amendment. Without effective For him, sacrifice isn’t a slogan. In war monthly mortgage payment or provide new enforcement, our environmental laws there are casualties, both overseas and at shoes for their kids.’’ Durbin said. ‘‘They are will never succeed in reducing pollu- home. doing so much for us, we should do no less tion and improving environmental Ms. LANDRIEU. The efforts some for them.’’ quality. Simply put, the best environ- Members made to get this issue dealt Ms. LANDRIEU. I say for the benefit mental laws in the world mean nothing with were rejected because we did not of the people in Louisiana, we do not without vigorous enforcement. have enough money to help this reserv- understand how we can give our tax Unfortunately, this administration ist or the thousands and hundreds of credits to everybody but the Guard and does not share this sentiment. Just last thousands who are fighting for us, tak- Reserve. We can give out help to every- week, the administration directed the ing the cut in pay and losing their body except those Federal employees EPA to abandon ongoing investigations companies in the process. who take off one uniform and put on of some 50 different facilities for viola- Also I ask unanimous consent to another, leave their homes for 6 tions of the Clean Air Act’s New have printed in the RECORD an article months to a year, sometimes longer, Source Review provisions. Apparently, printed regarding 120,000 Federal em- and we expect them to take a cut in gutting the rule itself was not enough. ployees who serve in the National pay when we are giving tax credits to Pardons for big polluters—many of Guard and Reserve. Nearly 14,000 have people who are not fighting. them large political contributors— been called to active duty to help fight If I could conclude on this one issue seem to be the administration’s pre- the war in Iraq. Senator DURBIN and I which really pours salt into the wound, ferred approach to environmental en- wanted to get in the tax bill that was when people say, Senator, we could not forcement. passed a provision that would allow afford it, we actually found a way to Lack of enforcement is hardly con- them to maintain their salaries, their pay for it. We said we should pay for it fined to the Clean Air Act. Indeed, a re- Federal salaries, so as not to fall down, by making people who are right now cent report from the EPA inspector basically, to receive the lower salary evading U.S. taxes because they have general reveals an Agency failing to they receive in the Guard and Reserve. made so much money in America be- keep up with its enforcement duties The sad thing is it would not have cost cause our troops have put their life on across a number of different programs. the Government anything because we the line to protect the way of life According to the report, a majority of had already budgeted to pay them their which allows business people to make a special agents-in-charge of environ- full salaries. This was rejected. lot of money in America, these busi- mental crimes states that they will not There being no objection, the mate- ness people who have made a lot of open a new case if they lack the re- rial was ordered to be printed in the money because of what these men and sources necessary to pursue the case. RECORD, as follows: women are doing in the Armed Forces, In addition, formal enforcement ac- [From Government Executive Magazine, Apr. these business people are now deciding tions under several key Clean Water 2, 2003] they are paying too much in tax, so Act programs have declined dramati- BILL WOULD CLOSE PAY GAP FOR ACTIVE they go to another country. They do cally over the last 3 years. Specifically, DUTY FEDS not want to pay their taxes. the number of formal enforcement ac- (By Tanya N. Ballard) So we said let’s make those folks pay tions brought under the National Pol- Three Senate lawmakers introduced a bill their taxes and use those proceeds to lution Discharge Elimination System Wednesday that would require the govern- pay for tax relief for the men and declined by 45 percent between 1999 and ment to pay the difference between civilian and military wages for federal employees women in the military. We were told 2001. Clear Water Act enforcement ac- called to active duty. we cannot do that. We cannot possibly tions against large concentrated ani- More than 120,000 federal employees serve make people who owe taxes to America mal feeding operations declined by in the National Guard and Reserves, and pay their taxes so that we can pay the more than 90 percent between 2000 and nearly 14,000 of them have been called to ac- men and women in uniform and give 2002. tive duty to help fight the war in Iraq. But them a tax cut. I hope we will change I ask my colleagues: What kind of most of those employees earn less as active our policy because it is wrong. We have message does this send to the Nation’s duty reservists than as civilian workers, according to Sen. Richard Durbin, D–Ill. Dur- missed an opportunity to help these polluters? What kind of message does it bin joined with Sens. Mary Landrieu, D–La., families. send to the American people? and Barbara Mikulski, D–Md. to introduce I conclude by thanking Senator MI- On one hand, we have an administra- legislation that would close the gap between KULSKI and Senator BOND for their hard tion that is openly hostile to environ- military and civilian pay for those workers. work on behalf of veterans. They have mental enforcement. On the other

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.076 S12PT1 S14516 CONGRESSIONAL RECORD — SENATE November 12, 2003 hand, we have an EPA that is unable to President’s request of $800 million—a lion for water infrastructure improve- initiate new environmental crimes significant step in the right direction. ments. cases and is dramatically scaling back The ironic thing about this issue, the It is appalling to me that the Presi- on several major civil enforcement pro- actions we have taken over the last 2 dent is willing to support water infra- grams because the agency lacks ade- years, and the lack of major progress is structure investment overseas while quate resources. I hope that Adminis- that there appears to be bipartisan failing to recognize that Americans trator Leavitt will work to remedy this consensus that water infrastructure have the same needs here at home. situation, but I fear that much of the spending has significant need, is crit- However, the fact that the President problem may ultimately lie with the ical to our Nation’s water quality, failed to recognize our water infra- White House. leads to job growth, and enjoys broad structure needs, requested a 40-percent Mr. President, the additional appro- support among the American people. drop in water infrastructure spending, priation contained in this amendment First—the needs are substantial. The and sought emergency spending for represents a modest increase in the EPA’s own estimates show a $535 bil- water infrastructure in Iraq that was Agency’s enforcement budget. But it is lion gap between current spending and four times the amount he requested for crucial one given the Agency’s inabil- projected needs for water and waste- domestic water infrastructure spend- ity to keep up with its obligations to water infrastructure over the next 20 ing, does not justify the same failure enforce this country’s environmental years if additional investments are not by this Senate. laws. This amendment also sends a sig- made. The amendment that I offer today nal to the EPA and to the administra- According to the Congressional Budg- with Senator MILKULSKI provides a tion that the Senate takes environ- et Office, the spending gap for clean downpayment on our water infrastruc- mental enforcement seriously. At the water needs is estimated to be between ture needs. It provides an additional $3 end of the day, the answer is not, as $132 billion and $388 billion over 20 billion for domestic water infrastruc- the administration would have it, to years, and the spending gap for drink- ture improvements. This increase is abandon existing enforcement actions. ing water needs at between $70 billion $1.3 billion less than the amount this Rather, the answer is to provide ade- and $362 billion over 20 years. Senate approved for Iraq less than 2 quate resources and to demand more It is not solely the Federal Govern- weeks ago. oversight to ensure that our environment’s responsibility to fill this gap. By voting aye on the amendment of- mental laws will not be empty words in However, it is the Federal Govern- fered by the Senator from Maryland, the statute books. ment’s responsibility to provide a rea- each of you can take direct action to Mr. JEFFORDS. Mr. President, I rise sonable investment in water infra- improve both the state of our Nation’s before you today to join my colleague, structure, given the size of the antici- waters and the state of our Nation’s Senator MIKULSKI, in offering this pated needs. economy. amendment to increase the funds avail- Second—repair of a quickly deterio- Today could be the day that the Sen- able for water infrastructure spending. rating water infrastructure is critical ate finally changes the course of water Since assuming the chairmanship of to our Nation’s water quality. infrastructure spending and votes deci- the Environment and Public Works Our towns and cities, along with the sively to live up to our responsibility Committee in 2001, I have spent many Federal Government, have invested bil- and improve the quality of our Na- hours in the committee and here on the lions of dollars over the last 30 years to tion’s waters. Senate floor discussing the pressing build the infrastructure to treat our need for investment in our Nation’s wastewater and drinking water. It is The outcome is up to us. I urge you water infrastructure. with this infrastructure that the coun- to support the amendment proposed by In the 107th Congress, the committee try has been able to return about 60 the Senator from Maryland. passed S. 1961, the Water Investment percent of our waters to swimming and Mr. SARBANES. Mr. President, I rise Act, which I introduced with Senators fishing standards. in strong support of this amendment, GRAHAM, CRAPO, and SMITH of New Even with those investments, we con- by my colleague Senator MIKULSKI to Hampshire, which would have in- tinue to fail to fully protect our waters boost federal funding for the clean creased water infrastructure spending from pollution, with over 40 percent of water and safe drinking water state re- by $35 billion, providing $3.2 billion for our Nation’s waters still impaired. volving funds (SRF) by an additional $3 clean water in the first year, and $2 bil- Now, the progress we have made over billion. I spoke earlier this year on a lion for drinking water in the first year the last 30 years stands on the brink of similar amendment which I offered to The Bush administration opposed the evaporation as the extensive water and the Senate budget resolution and I just bill, stating, ‘‘. . . the administration wastewater infrastructure we have want to underscore some of the key does not support the funding levels built nears the end of its useful life, reasons this amendment is needed. contained in S. 1961.’’ and we are failing to reinvest The President’s Fiscal 2004 budget se- In December 2002, Senators SARBANES Third, estimates show that for every verely short changes the funds needed and VOINOVICH and I, along with 38 billion dollars invested in water infra- by State and local governments to up- Members of the Senate from both sides structure spending, approximately grade their aging wastewater and of the aisle, sent a letter to the Presi- 40,000 jobs would be created. We must drinking water infrastructure. The dent asking him to provide $3.2 billion take action to prevent our economy President’s budget provided only $1.7 for clean water spending, and $2 billion from faltering. We are proposing to in- billion for both State Revolving Funds, for drinking water spending. vest $5.2 billion in the State revolving split equally. The Committee-approved Instead, President Bush responded by funds. bill provided an additional $500 million, proposing a 40 percent cut in water in- The States will provide a 20-percent restoring the President’s budget cut to frastructure spending to Congress in match of just over $1 billion. This the Fiscal 2003 enacted level of funding his fiscal year 2004 budget. could create over 200,000 jobs. of $2.2 million—but is still short of In March 2003, I cosponsored an Yet despite the apparent consensus what is needed. amendment with Senators MIKULSKI, that there are significant needs, that Despite important progress over the SARBANES, GRAHAM and CRAPO to in- healthy water infrastructure is in need last three decades, EPA reports that crease the allocation for water infra- of repair, that investment will increase more than 40 percent of our nation’s structure spending in the budget reso- job growth, and that Americans sup- lakes, rivers and streams are still too lution to $3.2 billion for clean water, port investing in water infrastructure, impaired for fishing or swimming. Dis- and $2 billion for drinking water. we fail to act. Why? I cannot answer charges from aging and failing seweage It was accepted by the Senate and that question. systems, urban storm water and other dropped in conference with the House. Just last month, the President recog- sources, continue to pose serious I do appreciate the work that the nized the importance of water infra- threats to our nation’s waters, endan- Senate VA–HUD Subcommittee did to structure needs in Iraq with his request gering not only public health, but fish- restore clean water infrastructure for an $87 billion supplemental spending and recreation industries. Popu- spending to $1.35 billion, up from the ing package that provided about $4 bil- lation growth and development are

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.083 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14517 placing additional stress on the na- that there will be a $535 billion gap be- year in coastal tourism, a $45 billion tion’s water infrastructure and its abil- tween current spending and projected annual commercial fishing and shell ity to sustain hard-won water quality needs for water and wastewater infra- fishing industry, and hundreds of bil- gains. structure over the next 20 years if addi- lions of dollars a year in basic manu- Combined sewer systems or so-called tional investments are not made. This facturing that relies on clean water. CSOs can be found in more than 750 figure does not even account for invest- Clean rivers, lakes, and coastlines at- communities in 32 States and the Dis- ments necessary to meet water quality tract investment in local communities trict of Columbia. EPA estimates that goals in nutrient impaired waters, like and increase land values on or near the annual combined sewer systems dis- Chesapeake Bay. water, which in turn, create jobs, add charge nearly 1,300 billion gallons of The need for additional investment incremental tax base, and increase in- untreated or under-treated wastewater. in wastewater and drinking water income and property tax revenue to To eliminate sewer overflows, the City frastructure is clearly documented. local, state, and federal government. of Baltimore alone must invest more But, States, localities and private Some 54,000 community drinking water than $900 million to upgrade its sewer sources can’t meet the funding gap systems provide drinking water to system and comply with a consent de- alone. more than 250 million Americans. By cree with the Department of Justice Local communities already pay al- keeping water supplies free of contami- and the Environmental Protection most 90 percent of the total cost or nants that cause disease, these systems Agency. Many other cities across the about $60 billion a year to build, oper- reduce sickness and related health care nation face similar challenges. In fact, ate, and maintain their water and costs and absenteeism in the work- three years ago, in 2000, Congress wastewater systems. But as former Ad- force.’’ amended the Clean Water Act to au- ministrator Whitman pointed out, They also create jobs—indeed tens of thorize a $1.5 billion grant program to ‘‘(t)he magnitude of the challenge thousands of jobs and provide stimulus help cities reduce these wet weather America faces is clearly beyond the to the economy. flows, but funds have not been availability of any one entity to address.’’ Each $1 billion in sewer and water able to implement the program. Water pollution is an interstate prob- improvements creates an estimated Nearly 20,000 municipalities have sep- lem. The Congress understood the 40,000 jobs. With more than $5 billion in arate sewer systems or SSOs, serving a interstate dynamic of pollution in 1972 water infrastructure projects ready for population of 150 million. Unlike CSOs, when a bi-partisan majority passed the construction, these jobs would be cre- these separate sanitary collection sys- Clean Water Act and began funding ated immediately with Federal assist- tems are not intended to carry signifi- waste treatment infrastructure. In 1979 ance. According to OMB, every federal cant volumes of extraneous water, such and 1980, the Congress provided $5 bil- dollar invested in water infrastructure as storm water runoff, but frequently lion in Clean Water construction generates up to $4 for project loans, so do because of infiltration and inflow, grants alone to assist states and mu- the potential for job creation from this aging systems, and other factors. EPA nicipalities with wastewater infra- amendment is tremendous. The case for this amendment is com- acknowledges that sanitary sewer over- structure needs. Over the years, budg- pelling. Today, maintaining clear, safe flows pose a severe problem to the en- etary pressures and other factors have water remains one of our greatest na- vironment and public health. reduced that funding level, and in Fis- Across the nation, our wastewater cal 2003, we provided only $1.34 billion tional and global challenges. I urge my colleagues to support this and drinking water systems are aging. in Clean Water State Revolving loan amendment and help address the mas- In some cases, systems currently in use funds. sive funding gap that looms on the ho- were built more than a century ago and It is vital that the Federal govern- rizon. Failure to act now risks under- have outlived their useful life. For ment maintain a strong partnership mining thirty years of progress in with states and local governments in many communities, current treatment cleaning up our nation’s waters. is not sufficient to meet water quality averting the massive projected funding The PRESIDING OFFICER. The Sen- goals. Recent modeling of the EPA’s gap and share in the burden of main- ator from Missouri. Bay Program has found that the 304 taining and improving the nation’s Mr. BOND. Mr. President, we are on major municipal wastewater treatment water infrastructure. Municipalities the amendment, the emergency des- facilities in the watershed will have to need significant resources to comply ignation by my friend and colleague reduce nitrogen discharges by nearly 75 with Federal clean water and drinking from Maryland. She seeks to add $3 bil- percent to restore the Chesapeake Bay water standards. In the 107th Congress, lion to the vitally important State re- and its major tributaries to health. House and Senate committees approved volving funds that are so important to Achieving this goal is estimated to bills to authorize $20 billion over 5 cleaning up our environment. I could cost $4.4 billion. years for the Clean Water Act SRF, un- not agree with her from my heart more In April 2000, the Water Infrastruc- derscoring the recognition that some- strongly because this is an area of ture Network (WIN), a broad coalition thing must be done to address this need. We have fought very hard to get of local elected officials, drinking funding gap. our funding up to where it is. That is water and wastewater service pro- An increase in funding for the Clean not enough. We have not been able to viders, state environmental and health Water SRF to $3.2 billion and for the fund the National Science Foundation administrators, engineers and environ- Drinking Water SRF to $2 billion in fis- as we should. We had a major effort by mentalists released a report, Clean & cal 2004 is the first step necessary to the leadership of the full committee to Safe Water for the 21st Century. The meet the Federal government’s long- get us the money that we need to get report documented a $23 billion a year standing commitment in this regard. an additional $1.3 billion for veterans shortfall in funding needed to meet na- This isn’t a make-work public works health care. tional environmental and public health project. It is an investment in the Having said that, this, unfortunately, priorities in the Clean Water Act and health of Americans and in a clean en- is far beyond the budget allocated to Safe Drinking Water Act and to replace vironment. It is an investment that the committee. It is in conflict with aging and failing infrastructure. will pay substantial dividends. the stated position of the OMB with re- In May 2002, the Congressional Budg- Wastewater treatment plants not spect to emergency designations. et Office released a report that esti- only prevent billions of tons of pollut- Therefore, it is with regret that out of mated the spending gap for Clean ants each year from reaching our riv- necessity I note that section 502, House Water needs between $132 billion and ers, lakes, streams, and coasts they Concurrent Resolution 95, the fiscal $388 billion over 20 years and the spend- also help prevent water-borne diseases year 2004 concurrent resolution on the ing gap for drinking water needs at be- and make waters safe for swimming budget, created a point of order against tween $70 billion and $362 billion over and fishing. an emergency designation on non- 20 years. According to the Water Infrastruc- defense spending. In September 2002, the EPA released ture Network, ‘‘Clean water supports a The amendment contains nondefense a Clean Water and Drinking Water In- $50 billion a year water-based recre- spending with an emergency designa- frastructure Gap Analysis which found ation industry, at least $300 billion a tion; therefore, pursuant to section 502

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.077 S12PT1 S14518 CONGRESSIONAL RECORD — SENATE November 12, 2003 of H. Con. Res. 95, the fiscal year 2004 NOT VOTING—7 my friends. I would love to finish the concurrent resolution on the budget, I Burns Daschle Kerry bill, but now that I have the floor, I do make a point of order against the Chambliss Domenici have a number of amendments that emergency designation contained in Clinton Edwards have been cleared on both sides. the amendment. The PRESIDING OFFICER. On this AMENDMENT NO. 2180 TO AMENDMENT NO. 2150 Ms. MIKULSKI. Mr. President, pur- vote, the yeas are 44, the nays are 49. Mr. BOND. Madam President, I send suant to section 502(c)(6) of H. Con. Three-fifths of the Senators duly cho- an amendment to the desk on behalf of Res. 95, the concurrent resolution on sen and sworn not having voted in the myself to direct the Secretary of Hous- the budget for fiscal year 2004, I move affirmative, the motion is rejected. ing and Urban Development to conduct to waive the 502(c) of that concurrent The point of order is sustained, and the and negotiate a rulemaking for pur- resolution for purposes of the pending emergency designation is stricken. poses of changes to the formula gov- amendment. Mr. BOND. I move to reconsider the erning the public housing operating vote, and I move to lay that motion on I ask for the yeas and nays. fund. I ask for its immediate consider- the table. ation. The PRESIDING OFFICER. Is there a The motion to lay on the table was The PRESIDING OFFICER. The sufficient second? agreed to. clerk will report. There is a sufficient second. The PRESIDING OFFICER. The Sen- The assistant legislative clerk read The question is on agreeing to the ator from Missouri. as follows: motion. Mr. BOND. Parliamentary inquiry: The Senator from Missouri [Mr. BOND] pro- Does the amendment fall without the The clerk will call the roll. poses an amendment numbered 2180 to emergency designation? amendment No. 2150. The assistant legislative clerk called The PRESIDING OFFICER. The Sen- Mr. BOND. Madam President, I ask the roll. ator needs to make a point of order. unanimous consent that the reading of Mr. MCCONNELL. I announce that Mr. BOND. I make a point of order the amendment be dispensed with. the Senator from New Mexico (Mr. that this exceeds the budget allocation The PRESIDING OFFICER. Without DOMENICI), the Senator from Georgia and, therefore, must fall. objection, it is so ordered. (Mr. CHAMBLISS), and the Senator from The PRESIDING OFFICER. The The amendment is as follows: Montana (Mr. BURNS) are necessarily point of order is well taken, and the (Purpose: To require HUD to make any absent. amendment falls. changes to the operating fund formula by Mr. REID. I announce that the Sen- The Senator from Missouri. negotiated rulemaking) ator from New York (Mrs. CLINTON), Mr. BOND. Madam President, I have On page 86, after line 11, insert the fol- the Senator from South Dakota (Mr. six amendments to offer. lowing new section: SEC. 226. The Secretary of Housing and DASCHLE), the Senator from North Mr. REID. Without the Senator losing his right to the floor, I direct a Urban Development shall conduct negotiated Carolina (Mr. EDWARDS), and the Sen- rulemaking with representatives from inter- ator from Massachusetts (Mr. KERRY) question through the Chair to the distinguished Senator from Missouri. We ested parties for purposes of any changes to are necessarily absent. the formula governing the Public Housing are wondering, how much longer do the I further announce that, if present Operating Fund. A final rule shall be issued managers believe it would take to fin- and voting, the Senator from Massa- no later than July 31, 2004. ish this bill? chusetts (Mr. KERRY) would vote Mr. BYRD addressed the Chair. Mr. BOND. Madam President, I have ‘‘yea.’’ The PRESIDING OFFICER. The Sen- now heard from about five Members on ator from Missouri has the floor. The PRESIDING OFFICER (Ms. COL- the other side who have amendments Mr. BOND. Madam President, there LINS). Are there any other Senators in on which we would have to have votes. the Chamber desiring to vote? are no objections on the other side. If that is 20 minutes a vote, that would Ms. MIKULSKI. No, I do not have an The yeas and nays resulted—yeas 44, be 100 minutes at least. objection. nays 49, as follows: Ms. MIKULSKI. I say to the distin- The PRESIDING OFFICER. Is there The result was announced—yeas 44, guished Democratic whip, I think we further debate on the amendment? nays 49, as follows: can do this in 2 hours. I think there are Mr. BYRD. Madam President, may I amendments that require more con- [Rollcall Vote No. 449 Leg.] be recognized? May I be recognized for versation and modification, that might debate? YEAS—44 not require votes. The PRESIDING OFFICER. The Sen- Akaka Ensign Lincoln Mr. REID. If the Senator will con- ator from West Virginia. Baucus Feinstein Mikulski tinue yielding, I believe with five Mr. BYRD. I thank the Chair. Bayh Graham (FL) Murray Democratic amendments the Senator Biden Harkin Nelson (FL) Madam President, I have sought the Boxer Hollings Nelson (NE) has spoken about and the persuasive floor at this moment to urge the lead- Breaux Inouye Pryor nature of the Democratic manager of ership to extend the time on this bill Byrd Jeffords Reed this bill, some of them would not re- for 2 hours. I have heard the distin- Campbell Johnson Reid Cantwell Kennedy quire votes, and I believe we could fin- guished Democratic whip say it, I be- Rockefeller Carper Kohl ish this in 2 hours. Sarbanes lieve I have heard the Senator from Corzine Landrieu Schumer I suggest to the leadership on the Maryland, the manager of the bill, and Dayton Lautenberg Dodd Leahy Smith other side—I know everyone is the ranking member on this side, Sen- Dorgan Levin Stabenow chomping at the bit to go to 6 o’clock, ator MIKULSKI, say it, and I believe I Durbin Lieberman Wyden but if we could have another couple have heard the manager indicate we hours, we could finish this bill. On this NAYS—49 might be able to finish this bill with an side, that would cut the marathon additional 2 hours. Alexander Dole Miller down to 28 hours. Although I have no Allard Enzi Murkowski We have completed 10 appropriations Allen Feingold Nickles authority to do this and this is not in bills for floor action. There are only 13. Bennett Fitzgerald Roberts the form of a unanimous consent re- That means there are three more. If we Bingaman Frist Santorum quest, I think we would be willing to Bond Graham (SC) could finish this bill in 2 hours, that Sessions give up part of our time in those 2 would leave only two appropriations Brownback Grassley Shelby Bunning Gregg Snowe hours to finish this bill. bills that have not had floor action: Chafee Hagel Specter Mr. BOND. Madam President, I am CJS and District of Columbia. Cochran Hatch Stevens Coleman Hutchison truly overwhelmed by the generosity of So I urge, Madam President, that the Sununu Collins Inhofe my good friend from Nevada, but re- leadership extend the time on this Conrad Kyl Talent grettably I am not driving this bus. I measure that is before the Senate just Thomas Cornyn Lott believe there is a unanimous consent 2 hours. Craig Lugar Voinovich Crapo McCain Warner order that cannot be altered without Let us finish this bill before going to DeWine McConnell talking to the leadership. I apologize to other matters.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.086 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14519 Mr. REID. Will the Senator yield for Mr. BOND. I was going to respond. are to be offered. There is one at the a question? Mr. BYRD. Yes. Let me protect my- desk and there are seven more now Mr. BYRD. Yes, I yield. self, though. I ask unanimous consent that have been cleared on both sides. Mr. REID. I say to the Senator, who that I may yield to the distinguished The PRESIDING OFFICER. The Sen- is the most experienced person in the Senator from Missouri so that he can ator from West Virginia. Senate as far as moving matters on the propound a question to the Chair and Mr. BYRD. May I say again, we have floor, I mentioned to the two managers that I retain my right to the floor. finished 10 of the 13 appropriations bills that we have momentum on this bill The PRESIDING OFFICER. The Sen- on this floor. We lack three: CJS, Dis- now. If we come back some other time ator from Missouri. trict of Columbia, and VA–HUD. VA– with 2 hours, it just is not the same. Mr. BOND. Madam President, we are HUD is before the Senate. We are with- All of us who are in the Senate, we coming up on a 6 p.m. deadline, I say to in reach of completing floor action on know these measures develop momen- my friend from West Virginia, that has that bill. We ought to do that. If we tum and that is what we have now. been long announced and been planned fail, having come this close, what is As I indicated to the two managers for. I say to the distinguished Senator the Senate going to look like? We have earlier and through the Chair to my that unless and until we are able to get to complete action on appropriations distinguished friend, the Senator from concurrence from the leadership, the bills one way or another before we can West Virginia, we could finish this bill work on this bill tonight will stop. I adjourn sine die. I hope we could finish in 2 hours. It would not be easy, but if further ask the Senator from West Vir- floor action on this bill. we made a commitment to do that, we ginia if he would permit us to continue Think of all the time that has gone would, and I think we should. It will with the cleared amendment that is at into the consideration of this bill in not take anything away from the 6 the desk. There are five more cleared the committee. The chairman and show. It would just put it over for a amendments, four of them by Members ranking member have held hearings. couple of hours. Would the Senator from his side of the aisle, that we They have had a markup of this bill. agree with that? would like to be able to clear if he They have worked hard over a period of Mr. BYRD. Yes, I do. would allow me to do so. many months. They have heard wit- Mr. DURBIN. Will the Senator from Also, I announce to my colleagues nesses. All of this ought not to be for West Virginia yield for a question? there are visiting dignitaries from the naught. Mr. BYRD. Yes, I yield for a question European Parliament. My colleagues I hope Senators will agree. I had without losing my right to the floor. may wish to greet them. hoped the distinguished majority lead- Mr. DURBIN. I thank the Senator The PRESIDING OFFICER. The Sen- er would be on the Senate floor so that from West Virginia. Through the Chair, ator from West Virginia. I could urge him to propound this re- I ask the Senator, who is more familiar Mr. BYRD. Madam President, I am quest. We are only 11 minutes away with the rules than anyone, if the Sen- going to propound a request. That re- from 6. Now, a unanimous consent re- ator from West Virginia made a unani- quest will include—did the Senator quest entered into at this point will mous consent request now that we from Missouri say there were four prevail over any previous unanimous went until 8 p.m., for example, and fin- amendments that were cleared? consent request dealing with that same ish this bill for the veterans, the Vet- Mr. BOND. Madam President, there matter. So I have the floor. I know erans’ Administration, would that be is one measure pending at the desk, what my rights are, and I know what in order? and there are five more amendments my duties are, also, as the ranking Mr. BYRD. It certainly would be in that have been cleared on both sides. member of the Appropriations Com- order. Excuse me. Coming in over the tran- mittee. Mr. DURBIN. In order to bring us to som, there are now two more. So that May I ask the Chair, am I wrong in closure on this important legislation makes a grand total of seven amend- anything I have said? Am I correct? before we begin the long debate? ments, five of them from Members on The PRESIDING OFFICER. The Sen- Mr. BYRD. It certainly would. the other side of the aisle. ator has the floor. Mr. DURBIN. Through the Chair, I The PRESIDING OFFICER. The Sen- Mr. BYRD. Yes. And am I correct would ask the Senator from West Vir- ator from West Virginia. that a unanimous consent request ginia to seriously consider that. Mr. BYRD. Madam President, before agreed to at this moment to extend the Mr. BYRD. Well, I will not only con- I make a request, let me congratulate hour of 6, which was in a previous re- sider it, I will make the request. I the Senator from Missouri. He is a quest, would be the prevailing motion? would like for the leadership to be here good member of the Appropriations The PRESIDING OFFICER. The Sen- and let the leadership consider making Committee. He works hard. He is a pro- ator is correct. the request. I am talking about the ductive member. I have a great deal of Mr. BYRD. I thank the Chair. majority leader. I do not want to try to admiration for him and for the work he Mr. DURBIN. Will the Senator yield impose myself in his stead in a matter does. I say the same about my friend, for another question? of this nature, but I do think the Sen- the Senator from Maryland. She has Mr. BYRD. Madam President, I yield ate ought to go for a couple more done tremendous work on this bill. It is for a question without giving up the hours, if that would do it, and let us the VA–HUD bill. She always applies floor. finish this bill. her total energies and talents to work- Mr. DURBIN. Through the Presiding We have finished 10 appropriations ing on this measure. With her good Officer, I would like to ask the Senator bills. I am the ranking member on the work and cooperation, the manager of from West Virginia, could you not Appropriations Committee. It certainly the bill, Mr. BOND, has been able to make part of your unanimous consent is in order for me to attempt to try to bring the bill to the floor. He has done request an agreement that the pending get this bill acted on. We are so close. great work. I do not want to take away amendments will be considered in a This is a veterans bill, the VA–HUD from his work. I want to add to it, and timely fashion? bill, that is so important. We have sol- so I compliment him. Mr. BYRD. That would be part. diers, men and women, dying in Iraq. As I understand it, there are seven Mr. DURBIN. So there is no effort to Why not pass this bill within 2 hours? amendments at the desk that have extend this beyond a reasonable period, We are within 2 hours, and if we work been cleared on both sides? but an effort to complete this bill for hard we might complete it before that Mr. BOND. Madam President, these our veterans, for the Veterans Admin- 2 hours. Maybe some of the amend- are not at the desk, only submitted. istration, before we begin the 30-hour ments could be peeled off so we could Mr. BYRD. I yield only if I may re- debate. Could you not include that in cut the time. tain my right to the floor. your unanimous consent request? I ask, Is there anyone who would get I yield to the Senator that he may Mr. BYRD. Yes, indeed. the majority leader to come to the make that statement, and ask that I So, Madam President, I really hesi- floor and let us consider this? may retain my right to the floor. tate to make this request. I had hoped Mr. BOND. Madam President—— Mr. BOND. Madam President, as I the majority leader would be in the Mr. BYRD. I have the floor. said, there are seven amendments that Chamber because he is the person to be

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.094 S12PT1 S14520 CONGRESSIONAL RECORD — SENATE November 12, 2003 recognized at 6 o’clock, under the pre- Mr. SARBANES. I am not asking. I approved, and that a motion to recon- vious order. I don’t want to appear to am just inquiring of the Senator’s view sider be laid upon the table. be discourteous. That is not my inten- of that. The PRESIDENT pro tempore. Is tion. Mr. BYRD. Mr. President, I ask unan- there objection? Why do you think I am doing this? I imous consent that the seven amend- Ms. MIKULSKI. Mr. President, I have am the ranking member of the Senate ments at the desk, to which the distin- no objection except I am sorry we can’t Appropriations Committee. In the 7 guished Senator from Missouri alluded, finish this bill. years, I believe it was, that I was chair- be considered agreed to, the motion to The PRESIDING OFFICER. Without man of the Appropriations Committee, reconsider be laid on the table, and objection, it is so ordered. we never had—I don’t think we ever that the Senate immediately proceed The amendments were agreed to, as had—I think we finished all 13 appro- to the further consideration of the VA– follows: priations bills every year. We could fin- HUD appropriations bill with the un- AMENDMENT NO. 2151 TO AMENDMENT NO. 2150 ish another one. I know Senator STE- derstanding that time on that bill (Purpose: To increase the amount of funds VENS has worked hard. I asked Senator would end no later than 8 o’clock—or that may be used by States for technical STEVENS during the last rollcall if he would end at 8 o’clock this evening, assistance and administrative costs under was agreeable to extending this time, and that there would be a vote on the the community development block grant since we are so close. He indicated he VA–HUD bill. program) would work to do that. The PRESIDENT pro tempore. Is On page 125, between lines 7 and 8, insert Madam President, I ask unanimous there objection to the request? the following: consent that—— Mr. BOND. On behalf of the leader- SEC. 418. Section 106(d) of the Housing and ship, I object. Community Development Act of 1974 (42 The PRESIDING OFFICER. The Pre- U.S.C. 5306(d)) is amended— siding Officer apologizes to the Senator Mr. BYRD. Senators will understand (1) in paragraph (3)(A), by striking ‘‘shall from West Virginia for being tempo- I used to propound these requests with- not exceed 2 percent’’ and inserting ‘‘shall rarily distracted. out their being in writing. I am care- not, subject to paragraph (6), exceed 3 per- Mr. BYRD. I didn’t understand the fully trying to approach this, so I will cent’’; Chair. start over. (2) in paragraph (5), by striking ‘‘not to ex- The PRESIDING OFFICER. The Pre- Mr. President, I ask unanimous con- ceed 1 percent’’ and inserting ‘‘subject to siding Officer apologizes to the Senator sent that the seven amendments that paragraph (6), not to exceed 3 percent’’; from West Virginia for being tempo- have been referred to by the distin- (3) by redesignating the second paragraph (5) and paragraph (6) as paragraphs (7) and rarily distracted. guished Senator from Missouri, Mr. (8), respectively; and Mr. BYRD. I thank the distinguished BOND, and are at the desk, that have (4) by inserting after paragraph (5) the fol- Presiding Officer. been cleared, be considered agreed to lowing: I am trying to avoid appearing to in- and adopted to the bill. I further ask ‘‘(6) Of the amounts received under para- trude on the majority leader’s previous that the time originally set for rec- graph (1), the State may deduct not more request and his time. I don’t want to ognition of the majority leader, at 1 than an aggregate total of 3 percent of such appear to be discourteous. I want to minute until 6, be delayed 2 hours, that amounts for— make the request when the majority in the meantime the Senate consider ‘‘(A) administrative expenses under paragraph (3)(A); and leader is here. action and complete action on the VA– ‘‘(B) technical assistance under paragraph The PRESIDENT pro tempore. The HUD appropriations bill, and that the (5).’’. Senator from West Virginia. motions to reconsider be laid on the AMENDMENT NO. 2180 TO AMENDMENT NO. 2150 Mr. BYRD. I ask unanimous consent table. (Purpose: To require HUD to make any that I be permitted to make a unani- The PRESIDENT pro tempore. Is changes to the operating fund formula by mous consent request and that, if it is there objection? negotiated rulemaking) Mr. BOND. On behalf of the leader- agreed to—or whether or not it is On page 86, after line 11, insert the fol- agreed to, that I be recognized for an- ship, I object. lowing new section: other unanimous consent request, with The PRESIDENT pro tempore. Objec- SEC. 226. The Secretary of Housing and the understanding that in any event I tion is heard. Urban Development shall conduct negotiated will be recognized 1 minute before 6 The Senator from Missouri. rulemaking with representatives from inter- p.m. today to make such request. AMENDMENTS NOS. 2151, 2180, 2181, 2182, 2183, 2184, ested parties for purposes of any changes to Mr. BOND. I object on behalf of the 2185, 2186 TO AMENDMENT NO. 2150 the formula governing the Public Housing leadership, Mr. President, and I seek Mr. BOND. Mr. President, we do have Operating Fund. A final rule shall be issued no later than July 31, 2004. recognition. these six measures—seven—eight meas- Mr. BYRD. Mr. President, I don’t lose ures, now, at the desk, that I pro- AMENDMENT NO. 2181 TO AMENDMENT NO. 2150 the floor by virtue of having made a pounded? We have one from Senator (Purpose: To provide for the treatment of the unanimous consent request, even MURKOWSKI on pioneer homes in the Pioneer Homes in Alaska as a State home for veterans) though it is objected to. I don’t lose State of Alaska; we have one from Sen- the floor. ators DORGAN, ROCKEFELLER, and At the end of title I, add the following: SEC. 116. (a) TREATMENT OF PIONEER HOMES The PRESIDENT pro tempore. The LANDRIEU on access to primary health IN ALASKA AS STATE HOME FOR VETERANS.— Senator does not lose the floor by mak- care for veterans in rural areas; we The Secretary of Veterans Affairs may— ing a unanimous consent request. have one from Senator SNOWE—Senator (1) treat the Pioneer Homes in the State of Mr. SARBANES. Will the Senator SARBANES, Senators COLLINS, BYRD, Alaska collectively as a single State home from West Virginia yield for a ques- SANTORUM, and others, a sense of the for veterans for purposes of section 1741 of tion, reserving his right to the floor? Senate with respect to section 8 vouch- title 38, United States Code; and Mr. BYRD. I yield to the distin- ers; an amendment by Senator CLINTON (2) make per diem payments to the State of guished Senator from Maryland with and others relating to the Corporation Alaska for care provided to veterans in the the understanding I do not lose my for National Service volunteers; an- Pioneer Homes in accordance with the provisions of that section. right to the floor, and I yield for a other from Senator LANDRIEU with re- (b) TREATMENT NOTWITHSTANDING NON-VET- question only. spect to the States’ deduction for ad- ERAN RESIDENCY.—The Secretary shall treat Mr. SARBANES. If I could have the ministrative expenses in the Housing the Pioneer Homes as a State home under attention of the Senator from Missouri and Community Development Act; an subsection (a) notwithstanding the residency as I pose this question? Would the Sen- amendment by Senator LEVIN and oth- of non-veterans in one or more of the Pio- ator entertain a unanimous consent re- ers relating to Federal water pollution neer Homes. quest that allowed the amendments control; a sense-of-the-Senate amend- (c) PIONEER HOMES DEFINED.—In this section, the term ‘‘Pioneer Homes’’ means the that are lined up here to be offered and OXER ment by Senator B about human six regional homes in the State of Alaska to be accepted? I understand they are dosing studies of pesticides. known as Pioneer Homes, which are located all going to be taken by voice. I ask unanimous consent that the in the following: Mr. BYRD. Mr. President, I don’t aforementioned amendments be sent to (1) Anchorage, Alaska. yield the floor for that purpose. the desk, the titles read, that they be (2) Fairbanks, Alaska.

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(3) Juneau, Alaska. AMENDMENT NO. 2183 TO AMENDMENT NO. 2150 title D of title I of the National and Commu- (4) Ketchikan, Alaska. (Purpose: To express the sense of the Senate nity Service Act of 1990 (42 U.S.C. 12601 et (5) Palmer, Alaska. that housing vouchers are a critical re- seq.)’’ after ‘‘programs’’. (6) Sitka, Alaska. source and that the Department of Housing AMENDMENT NO. 2185 TO AMENDMENT NO. 2150 and Urban Development should ensure that (Purpose: To authorize appropriations for AMENDMENT NO. 2182 TO AMENDMENT NO. 2150 all vouchers can be used by low-income sewer overflow control grants. (Purpose: To express the sense of the Senate families) On page 125, between lines 7 and 8, insert on the access to primary health care of On page 125, between lines 7 and 8, insert the following: veterans living in rural and highly rural the following: SEC. 4ll. SEWER OVERFLOW CONTROL GRANTS. areas) SEC. 4ll. SENSE OF THE SENATE. Section 221 of the Federal Water Pollution (a) FINDINGS.—The Senate finds that— Control Act (33 U.S.C. 1301) is amended— At the end of title I, add the following: (1) 30 percent of American families have (1) in subsection (f), by striking ‘‘2002 and SEC. 116. (a) FINDINGS ON ACCESS TO PRI- housing affordability problems, with 2003’’ and inserting ‘‘2005 and 2006’’; MARY HEALTH CARE OF VETERANS IN RURAL 14,300,000 families paying more than half of (2) in subsection (g)(1)— AREAS.—The Senate makes the following their income for housing costs, and 17,300,000 (A) in the paragraph heading, by striking findings: families paying 30 to 50 percent of their in- ‘‘2002’’ and inserting ‘‘2005’’; and (B) by striking ‘‘2002’’ and inserting ‘‘2005’’; (1) The Secretary of Veterans Affairs has come towards housing costs; (2) 9,300,000 American families live in hous- (3) in subsection (g)(2)— appointed a commission, called the Capital ing that is overcrowded or distressed; (A) in the paragraph heading, by striking Asset Realignment for Enhanced Services (3) 3,500,000 households in the United States ‘‘2003’’ and inserting ‘‘2006’’; and (CARES) Commission, and directed it to will experience homelessness at some point (B) by striking ‘‘2003’’ and inserting ‘‘2006’’; make specific recommendations regarding this year, including 1,350,000 children; and the realignment and allocation of capital as- (4) the number of working families who are (4) in subsection (i), by striking ‘‘2003’’ and sets necessary to meet the demand for vet- unable to afford adequate housing is increas- inserting ‘‘2006’’. erans health care services over the next 20 ing, as the gap between wages and housing AMENDMENT NO. 2186 TO AMENDMENT NO. 2150 years. costs grows; It is the sense of the Senate that human (2) The Department of Veterans Affairs ac- (5) there is no county or metropolitan area dosing studies a pesticides raises ethical and cessibility standard for primary health care in the country where a minimum wage earn- health questions. provides that at least 70 percent of the vet- er can afford to rent a modest 2-bedroom AMENDMENT NO. 2183 erans enrolled in each of the regional ‘‘mar- apartment, and on average, a family must Ms. COLLINS. Mr. President, I rise kets’’ of the Department should live within a earn over $15 an hour to afford modest rental specified driving time of a Department pri- housing, which is almost 3 times the min- today to speak on behalf of a Sense of mary care facility. That driving time is 30 imum wage; the Senate amendment that Senator minutes for veterans living in urban and (6) section 8 housing vouchers help approxi- SARBANES and I are offering with re- rural areas and 60 minutes for veterans liv- mately 2,000,000 families with children, sen- spect to the section 8 housing voucher ing in highly rural areas. ior citizens, and disabled individuals afford a program. This amendment states that (3) The Draft National CARES Plan issued safe and decent place to live; section 8 housing vouchers are a crit- by the Under Secretary for Health would (7) utilization of vouchers is at a high of 96 ical housing resource, that public hous- percent, and is on course to rise to 97 percent place veterans in 18 rural and highly rural in fiscal year 2004, according to data pro- ing authorities must be able to use all regional markets outside the Department ac- vided by the Department of Housing and of their authorized vouchers, and that cessibility standard for primary health care Urban Development; the Senate expects the Department of until at least fiscal year 2022, which means (8) the average cost per voucher has also Housing and Urban Development to that thousands of veterans will have to con- steadily increased from just over $6400 in Au- take all necessary steps to encourage tinuing traveling up to 3–4 hours each way to gust of 2002, to $6,756 in April, 2003, due large- full voucher utilization. visit a Department primary care facility. ly to rising rents in the private market, and Our Nation is facing a critical short- (4) The 18 rural and highly rural markets the Congressional Budget Office estimates age of affordable housing. A recent that will remain outside the Department ac- that the cost per voucher in fiscal year 2004 study by the Joint Center on Housing cessibility standard for primary health care will be $7,028, $560 more per voucher than the comprise all or parts of Arkansas, Idaho, Illi- estimate contained in the fiscal year 2004 Studies at Harvard University indi- nois, Indiana, Iowa, Kansas, Kentucky, Lou- budget request; and cates that approximately 30 percent of isiana, Maine, Minnesota, Mississippi, Mis- (9) the congressionally appointed, bipar- American families have housing afford- souri, Montana, Nebraska, North Carolina, tisan Millennial Housing Commission found ability problems, with as many as 14.3 North Dakota, Ohio, Oklahoma, Oregon, that housing vouchers are ‘‘the linchpin of a million families paying more than half South Dakota, Tennessee, Texas, Virginia, national housing policy providing very low- of their income for housing costs and Washington, and West Virginia. income renters access to privately-owned 17.3 million families paying 30 to 50 (5) Health care facilities for veterans are housing stock’’. percent of their income toward housing disproportionately needed in rural and high- (b) SENSE OF THE SENATE.—It is the sense of the Senate that— costs. The same study indicates that ly rural areas because the residents of such 9.3 million families live in housing that areas are generally older, poorer, and sicker (1) housing vouchers are a critical resource is overcrowded or distressed, and 3.5 than their urban counterparts. in ensuring that families in America can afford safe, decent, and adequate housing; million households in the United (b) SENSE OF SENATE.—It is the sense of the (2) public housing agencies must retain the States will experience homelessness at Senate that— ability to use 100 percent of their authorized some point this year. That last number (1) the CARES Commission should give as vouchers to help house low-income families; includes more than 1.3 million chil- much attention to solving the special needs and dren. of veterans who live in rural areas as it does (3) the Senate expects the Department of to providing for the health care needs of vet- Housing and Urban Development to take all As the gap between wages and hous- erans living in more highly populated areas; necessary actions to encourage full utiliza- ing costs grows, the number of working (2) the CARES Commission should reject tion of vouchers, and to use all legally avail- families who are unable to afford ade- the portions of the Draft National CARES able resources as needed to support full fund- quate housing continues to increase. Plan that would prevent any regional mar- ing for housing vouchers in fiscal year 2004, On average, a family must earn over ket of the Department from complying with so that every voucher can be used by a fam- $15 per hour to afford modest rental the Department accessibility standard for ily in need. housing, and in many cases, rising primary health care, which provides that at AMENDMENT NO. 2184 TO AMENDMENT NO. 2150 costs have led to families simply being least 70 percent of the veterans residing in (Purpose: To provide VISTA volunteers the priced out of the housing market. In each market be within specified driving option of receiving a national service edu- my home state of Maine, the City of times of a Department primary care facility; cational award) Portland offers a prime example of this and On page 92, line 22, insert ‘‘: Provided fur- phenomenon. The National Housing (3) the CARES Commission should rec- ther, That the Corporation shall offer any in- ommend to the Secretary the investments Conference reports that, in 1999, the dividual selected after October 31, 2002, for median home price in Portland was and initiatives that are necessary to achieve initial enrollment or reenrollment as a the Department accessibility standard for VISTA volunteer under title I of the Domes- $12,500. By 2001, that median price had primary health care in each of the rural and tic Volunteer Service Act of 1973 (42 U.S.C. increased to $158,000. During this pe- highly rural health care markets of the De- 4951 et seq.) the option of receiving a na- riod, Fair Market Rent for a two-bed- partment. tional service educational award under sub- room apartment jumped from $641 to

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.090 S12PT1 S14522 CONGRESSIONAL RECORD — SENATE November 12, 2003 $817 per month, and this trend of in- posal to block grant this critical pro- in the Sense of the Senate—directing creasing disparity between wages and gram. Experience with block grants HUD to fund these vouchers—then none housing costs shows little sign of abat- tells us that this plan could have actu- of these vouchers would be lost and all ing. ally undermined the program and re- of these families would be helped. Section 8 housing vouchers help ap- duced the number of families being As this bill moves forward during proximately 2 million families with served, so I was pleased that both the conference, I urge my colleagues to children, senior citizens, and disabled House and the Senate Committee re- support this language. It sends a mes- individuals afford a safe and decent jected it. sage to HUD that America is depending place to live. The congressionally ap- The fact is the gap between wages on housing vouchers to ensure that all pointed, bipartisan Millennial Housing and housing costs is growing and is of our families can afford a safe, decent Commission found that housing vouch- pushing affordable housing beyond the and adequate place to live. ers are ‘‘the linchpin of a national reach of an increasing number of work- AMENDMENT NO. 2184 housing policy providing very low-in- ing families. On average, a family in Mr. REED. Mr. President, I rise as a come renters access to privately owned this country must earn $15.21 an hour cosponsor of Senator CLINTON’s amend- housing stock. Currently, utilization of to afford a modest two-bedroom apartment relating to VISTA. vouchers is at a high of 96 percent, and ment, which is almost three times the Since its creation in 1965, as part of is on course to rise to 97 percent in fis- minimum wage. In my home State of the War on Poverty, over 120,000 Amer- cal year 2004, according to data pro- New York, a minimum wage worker icans have performed national service vided by HUD. The average cost per would have to work 147 hours a week to as VISTA volunteers. voucher has also steadily increased afford a two-bedroom apartment at fair VISTA, Volunteers In Service To from just over $6,400 in August of 2002, market rent. Section 8 vouchers make America, members serve in hundreds of to $6,756 in April, 2003, and the Congres- housing affordable and are making a nonprofit organizations and public sional Budget Office estimates that the real difference in the lives of approxi- agencies across the country, helping to cost per voucher in FY 2004 will be mately 2 million elderly and disabled find solutions to the problems caused $7,028. individuals as well as families with by urban and rural poverty. VISTA vol- Our amendment states that it is the children across the Nation. We should unteers fight illiteracy, improve health sense of the Senate that: 1. housing expand the program so that more fami- services, increase housing opportuni- voucher are a critical resource in en- lies can receive assistance they so des- ties, bridge the digital divide, create suring that families in America can af- perately need, but if we cannot expand businesses, and so much more. ford safe, decent, and adequate hous- it we should preserve it to ensure that Unfortunately, VISTA volunteers ing; 2. public housing agencies must re- families receiving vouchers can con- have been shortchanged for more than tain the ability to use 100 percent of tinue to depend on the support they a year. their authorized vouchers to help house have been promised. Since the creation of education low-income families; and 3. the Senate New York’s housing crisis is particu- awards in 1994, VISTA volunteers, upon expects the Department of Housing and larly alarming. In my State more than completion of their service, have been Urban Development to take all nec- 500,000 renter households, roughly one- eligible to receive either a $4,725 edu- essary actions to encourage full utili- fourth of all renters, continue to pay cation award or end-of-service stipend zation of vouchers, and to use all le- more than half of their income in rent. of $1,200. Education awards can be used gally available resources as needed to These rents impose enormous pressures to pay education costs at qualified in- support full funding for housing vouch- on them and add on to the financial stitutions of higher education or to ers in fiscal year 2004, so that every burdens they already face. Many se- repay qualified student loans. voucher can be used by a family in verely disadvantaged households find However, the Corporation for Na- need. themselves unable to pay rent and tional and Community Service has re- To many families, older, and disabled meet their other basic needs. Some are fused to offer education awards to last individuals, section 8 housing vouchers forced to live on the street or in shel- year’s and this year’s volunteers. are the difference between having a ters. More than 38,000 homeless people This summer, I was alerted to this safe, decent place to live and homeless- sleep in New York City’s shelter sys- unfortunate change in policy by sev- ness. it should be the sense of the Sen- tem each night, almost double the eral Rhode Islanders. ate that HUD use all legally available number of just 5 years ago and the Section 129(b) of the National and funds to support every authorized largest annual increase since the Great Community Service Trust Act of 1993 voucher, and I encourage my col- Depression. The largest and fastest- contains the following language: leagues to support this amendment. growing segment of this homeless pop- Reservation of Approved Positions—The Mrs. CLINTON. Mr. President, today ulation is families with children. Sec- Corporation shall ensure that each indi- I rise in support of Senator SARBANE’s tion 8 housing vouchers provide a life- vidual selected during a fiscal year for as- resolution, which expressed the sense line that helps these individuals make signment as a VISTA Volunteer under title I of the Senate that Section 8 housing ends meet. We must help America af- of the Domestic Volunteer Service Act of vouchers are a critical resource and ford safe and decent housing so that 1973 . . . shall receive the national service that the Department of Housing and parents are not forced to choose be- educational award described in subtitle D if the individual satisfies the eligibility re- Urban Development should ensure that tween finding the money to pay for quirements for the award. Funds for ap- all vouchers can be used by low-income rent and putting food on the table. proved national service positions required by families. I have joined many of my col- The Housing Choice Voucher pro- this paragraph for a fiscal year shall be de- leagues as an original cosponsor of this gram is more than just a housing pro- ducted from the total funding for approved amendment and would like to thank gram. We know that affordable housing national service positions to be available for both Senator BOND and Senator MIKUL- helps families increase their employ- distribution under subsectons (a) and (d) for SKI for including it in the pending VA/ ability, earnings, educational out- that fiscal year. HUD Appropriations bill. I would like comes, and children’s well being. Given this clear language in the stat- to commend the Senators for their In New York, Section 8 housing ute, I wrote to the Corporation seeking commitment to balancing the com- vouchers are assisting approximately its rationale for denying the oppor- peting housing priorities we face given 200,000 seniors, people with disabilities, tunity for VISTA volunteers to elect the constraints they were working and families with children. Under the education awards. In his response, the under. The Senate provisions are a big House VA–HUD appropriations bill, General Counsel for the Corporation improvement over the House bill and New York could lose 6,020 vouchers, of argued that the Corporation, not this would greatly reduce the chances of which approximately 1,840 would go to language, determines whether a VISTA cuts to this program. working families, 1,020 to elderly volunteer is in an ‘‘approved national Earlier this year, I joined my col- households, 1,320 to disabled house- service position’’, and only if that is leagues in sending a letter to Secretary holds, and 1,840 to other households. If the case, is the volunteer entitled to Martinez expressing our reservations the final VA–HUD conference report re- the opportunity to elect to receive an and concerns about the President’s pro- tains the Senate provisions referenced education award. The General Counsel

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.095 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14523 has ruled that all VISTA slots are not ance. The section 8 housing voucher ing turnover vouchers, can be used by ‘‘approved national service positions.’’ program is a market-based housing low-income families. In addition, this Moreover, the General Counsel states program that has had strong bipartisan amendment calls on HUD to live up to that the Corporation has the authority support since the program’s inception. its obligations by using all legally to modify program rules based on fund- The housing voucher program has long available funds to renew housing ing levels. been regarded as a successful way to vouchers. Without using this addi- As a result, 3,200 volunteers in fiscal help families in need find and afford tional funding, the $1.25 billion short- year 2003 have been denied the option rental housing. fall could translate into over 100,000 of an education award that has been of Housing vouchers enable low-income families losing their voucher assist- great benefit to countless volunteers. families to go out into the private ance and their homes. In Rhode Island, this has affected near- rental market and rent housing of The amendment we are offering sends ly 20 VISTA volunteers at City Arts, their choice subject to a cap on the a message to HUD that this would be AS220, Providence Public Library, rental amount. Housing vouchers help unacceptable, and that we expect it to Family Life Center, RI Training families move closer to employment do everything possible to ensure that School, RI Free Clinic, Southside Com- and educational opportunities, while families with vouchers do not lose munity Land Trust, New Urban Arts, providing stability so that families can their housing assistance and that low- and RI Coalition for Domestic Vio- better retain employment and children income families on waiting lists can lence. can succeed in school. Every study that gain access to vouchers. These vouch- In order to continue to attract high has looked at the impact of vouchers ers are being used in every community quality and talented individuals will- has found a positive effect on employ- across the country, providing not only ing to serve as VISTA volunteers, the ment and earnings, in addition to find- housing, but economic opportunities to Clinton amendment requires the Cor- ing that housing vouchers help make low-income families. I urge my col- poration to offer individuals, selected the transition from welfare to work a leagues to support this amendment after October 31, 2002, for initial enroll- successful one. which reaffirms our commitment to ment or reenrollment as a VISTA vol- It is evident that the voucher pro- housing low-income people in this Na- unteer the option of receiving a na- gram is one that works, and this has tion. tional service education award. been recognized by past administra- This is an important amendment as AMENDMENT NO. 2184 tions and by Members of Congress on we look to revitalize service in our Mrs. CLINTON. Mr. President, I rise both sides of the aisle. Unfortunately, country after months of mishaps at the to offer an amendment that would pro- this administration simply did not ask Corporation for National and Commu- vide education awards to all volunteers for adequate funding for this program. nity Service, and I urge its passage. who are part of the VISTA—Volunteers According to recent HUD data, the in Service to America—program, which AMENDMENT NO. 2183 budget request submitted this year by Mr. SARBANES. Mr. President, I is administered by the Corporation for the administration underfunds this come to the floor today to offer an National and Community Service. critical program by nearly $1.25 billion. Before I begin, I want to thank Sen- amendment to the VA/HUD appropria- This $1.25 billion shortfall could have tions bill to ensure that the U.S. De- ator BOND and Senator MIKULSKI for all easily been avoided had the Depart- the hard work they have done to sup- partment of Housing and Urban Devel- ment used updated data for its budget opment does all it can to make sure port national and community service. estimate, and I thank Senators BOND that the section 8 housing voucher pro- They have been real champions of this and MIKULSKI for calling on HUD to do gram is fully funded and fully oper- program. I would also like to thank just that. Recent HUD data show that ational. I want to thank the cosponsors Senators SNOWE, KENNEDY, CHAFEE, a greater percentage of vouchers are of this amendment, including Senators HARKIN, REED, MURRAY, and DODD for being used now than ever before. Ac- REED, KENNEDY, ALLEN, SANTORUM, and co-sponsoring this amendment. This cording to this data, utilization is at a BYRD. In addition, I want to thank Sen- amendment that I rise to offer today is high of 96 percent, and is expected to ator COLLINS, who is a cosponsor, and not a partisan amendment—I know rise to 97 percent in fiscal year 2004. In was instrumental in drafting and gain- that I have support on both sides of the addition, due to rising rents, the actual ing support for the amendment. aisle because the VISTA program has This amendment expresses the sense cost per voucher is much higher than such deep, strong roots among many of the Senate that housing vouchers, estimated by the administration. As political leaders on both sides of the which now assist almost 2 million low- rents rise, HUD must seek adequate aisle. income families around the country, funding to meet the needs in ever- The VISTA program was first envi- are a critical housing resource and changing housing markets. sioned by President Kennedy soon after should receive full funding. This While the bill before us today does the Peace Corps was created. And in amendment reaffirms our commitment not contain enough newly appropriated 1965, as part of President Johnson’s to the voucher program by reiterating funds for the voucher program, we have War on Poverty, President Kennedy’s that public housing agencies can lease reason to believe that HUD has enough dream was realized. all of their authorized vouchers, and available funding to meet the needs in VISTA, like Head Start and so many that HUD must use all available funds the program in fiscal year 2004. I appre- other lasting anti-poverty programs, to support these needed vouchers. ciate the efforts of Senators BOND and was created to serve the needs of the Unfortunately, too many families in MIKULSKI to address this issue in the poorest Americans. On December 12, America find it difficult to afford de- bill by directing HUD to ensure that 1964, just four months after the legisla- cent and safe places to call home. In public housing agencies can continue tion was enacted, President and Lady fact, the number of working families to issue turnover vouchers, and by call- Bird Johnson welcomed the first group who are paying over half of their in- ing on HUD to request supplemental of twenty VISTA volunteers with these come in rent is steadily rising, as the funds if necessary. remarks: gap between wages and housing costs The amendment I am offering today, Your pay will be low; the conditions of continues to widen. along with Senator COLLINS and others, your labor often will be difficult. But you According to a recent study con- is a companion to this important lan- will have the satisfaction of leading a great ducted by the National Low Income guage. It expresses the sense of the national effort and you will have the ulti- Housing Coalition, on average, a family Senate that we expect HUD to do all it mate reward which comes to those who serve in the United States must earn over $15 can to ensure that housing agencies their fellow man. an hour to afford a modest apartment can lease up to their authorized level of When my husband championed the ef- without forgoing other necessities. vouchers. The ability to lease 100 per- fort to dramatically expand national This is almost 3 times the minimum cent of authorized vouchers is critical service and create AmeriCorps, he wage. In my home State of Maryland, and we fought hard last year to make wanted to preserve this important part this number is almost $19 an hour. sure that this right was retained. This of President Kennedy and President These numbers make clear that there bill reiterates this right and directs Johnson’s legacy. The VISTA program is a pressing need for housing assist- HUD to make sure all vouchers, includ- was authorized within the National and

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.099 S12PT1 S14524 CONGRESSIONAL RECORD — SENATE November 12, 2003 Community Service Trust Act and The motion to lay on the table was and the managers in submitting a today it is administered by the Cor- agreed to. longer colloquy for the record with the poration for National and Community NSF EPSCOR PROGRAM specific language to be included. Service. Mr. BURNS. Mr. President, I rise to Mr. BOND. That understanding is A staple of the program since its in- speak on the National Science Founda- correct and I look forward to working clusion within the National and Com- tion’s (NSF) Experimental Program to with my colleagues on this issue. munity Service Trust Act is that every Stimulate Competitive Research pro- Ms. MIKULSKI. I share that under- member who signs up shall receive a gram or EPSCoR. First, I would like to standing as well and thank my col- choice—a scholarship toward their edu- thank the distinguished chair of the leagues. cation or a cash stipend. In recent subcommittee for including $100 mil- NON-ELDERLY DISABLED INCREMENTAL years, more than two-thirds of the in- lion in the EPSCoR program. This is a VOUCHERS dividuals participating in the VISTA very important program in my State of Mr. DOMENICI. Mr. President, I rise program have opted for the education Montana—and very important for the to join my friend and colleague, Sen- scholarship instead of the cash stipend. other 22 EPSCoR states that are trying ator BOND, in a colloquy on the Depart- In November of 2002, the Corporation to develop a competitive research pro- ment of Housing and Urban Develop- for National and Community Service gram. ment’s (HUD) Section 8 program. Sen- began denying new volunteers the op- I would also like to mention that I ator BOND, it is my understanding that tion of receiving education awards. have talked with the EPSCoR project the section of the bill allocating fund- They were provided cash stipends, re- director and other participants in the ing for the Section 8 Housing Certifi- gardless of their preference. program from Montana and that they cate Fund includes language that al- I began hearing from New Yorkers have told me that the infrastructure lows HUD to target up to $36 million who were frustrated by the decision. improvement components of the pro- for incremental vouchers to non-elder- They felt like they had been duped— gram is critical to all other efforts to ly people with disabilities that are ad- given a bait and switch. Their morale develop research capacity and to com- versely affected by the designation of dropped dramatically and some have pete successfully for other NSF fund- public and assisted housing as ‘‘elderly resigned as a result. Many saw a funda- ing. I would like it to be clear that the only.’’ Is this correct? mental problem of equity. Members research infrastructure component is Mr. BOND. The Senator is correct. were passed over for education and central to the program and that we The bill includes more than $461 mil- awards while those who enrolled just have provided funds to ensure that lion for the HUD Secretary to support two months later received them. I’m states can be fully funded. a range of activities related to the Sec- sure we all agree that this is unfair. Mr. BOND. I, too, have heard about tion 8 program including contract New Yorkers described to me the dif- the importance of the research infra- amendments and other measures to en- ference that VISTA has made in their structure program and I want to assure sure that housing authorities are able life and in the lives of people they the Senator that we have sought to to lease up to their authorized unit lev- serve and expressed their frustration provide sufficient funding to cover ex- els. In addition, the bill allows HUD to about what has happened to the pro- isting commitments and states that allocate up to $36 million for new gram. Two New York VISTA members are currently under review. vouchers tied to the designation and serving in West Seneca, New York de- Mr. BURNS. That is very important. occupancy restrictions imposed in pub- veloped a pilot program for ex-offend- Finally, I would just add that I hope lic and assisted housing developments ers, and I want to tell you a little bit NSF will make every effort to include for the elderly. This continues a policy about the first graduate: ‘‘he got his the EPSCoR states in its new cyber in- established by Congress in 1996 to en- driver’s license and was getting things frastructure activities. NSF did a very sure alternative resources for non-el- in order for this first apartment ever— fine job a few years ago in helping se- derly people with disabilities who are he had been incarcerated for 28 years, cure high-speed connections for re- being excluded from certain public and since his youth. The joy on the guy’s search institutions in EPSCoR states. assisted housing properties. face was unbelievable and I was proud The new NSF cyberinfrastructure pro- It is important to note that the bill to know that two VISTA members had gram is evolving and I hope that they requires the HUD Secretary to ensure made it possible,’’ said one of them. will include states like Montana in that there are adequate funds to renew Across the country, at least 1,766 vol- these efforts since networking and ad- all existing rental vouchers before allo- unteers who were affected by this deci- vanced computing are essential to cating additional funds for disability sion, according to the Corporation for keeping our research universities con- vouchers for Fiscal Year 2004. It is the National and Community Service. The nected to cutting-edge research and expectation of both Senator Mikulski organization established to support the allow them to collaborate and use and myself that HUD will be able to VISTA program—called Friends of equipment at remote locations. make a mid-year assessment in Fiscal Vista—estimates the impact at 3,200. Mr. BOND. I understand the Sen- Year 2004 to determine if the amounts I do not want to haggle over the ator’s interest. appropriated for voucher renewals and numbers or argue about who’s to CARES INITIATIVE contract amendments exceed the ex- blame. I simply want the problem ad- Mr. SCHUMER. It is my under- pected requests from housing authori- dressed. standing that the managers of this leg- This amendment is straightforward ties for authorized voucher renewals. islation have agreed to work to address and simple. It says that VISTA volun- In our view, such an assessment can be the concerns shared by Sen. CLINTON, teers shall be provided the option of re- made as part of the periodic measure- Sen. ENZI, myself and others through ceiving an education award or a cash ments HUD routinely makes regarding the inclusion of language in the con- stipend, consistent with the law and the pace of voucher renewals. It should ference report on the FY04 VA–HUD current practice. It does not have a also be part of the requirement set Appropriations Act. It is my further cost associated with it, and I urge my forth in S. Rpt. 108–143 by the Appro- understanding that this language will colleagues to support this amendment priations Committee for development specifically address our concerns re- and rectify this injustice. of a real-time data model to identify Mr. SARBANES. Mr. President, have garding the CARES Initiative’s impact the actual use of vouchers. the amendments been adopted? on long-term care, domiciliary care Further, it is our view that every ef- Ms. MIKULSKI. Mr. President, what and mental health care as well as the fort should be made to ensure that pub- time—— ability of veterans to attend and par- lic housing designation plans for elder- Mr. SARBANES. Have the amend- ticipate in hearings regarding facility ly-only housing are linked to the ments been adopted? closings and the special needs of rural vouchers, should they become available The PRESIDENT pro tempore. The veterans in the process. I also under- in Fiscal Year 2004. I do not believe amendments were adopted by unani- stand that the managers have agreed that HUD should be prevented from in- mous consent, as requested. to send a letter to Secretary Principi cluding these disability vouchers in its Ms. MIKULSKI. I move to reconsider on these matters. In addition I under- annual consolidated Notice of Funding and lay the motion on the table. stand that I will join my colleagues Availability or SuperNOFA. This would

VerDate jul 14 2003 04:54 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.104 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14525 allow the agency to allocate expedi- ently, the National Solar Observatory Mr. BOND. I thank the Senator from tiously these vouchers before the end is leading a national effort to identify West Virginia for his remarks, and I of Fiscal Year 2004 to housing authori- a site for this future telescope and to will be working to ensure that this im- ties that are able to target them effec- make the overall project a success by portant study will be included in the tively to non-elderly people with dis- addressing the long lead technologies. conference report. abilities who have been adversely af- Progress on these is essential in order Ms. MIKULSKI. I also thank the sen- fected by the designation of public and for the Advanced Technology Solar ior Senator from West Virginia, and I, assisted housing as elderly only. Telescope to achieve operations by too, will support his request for such a Mr. DOMENICI. I thank the Senator 2007–2008 when NASA’s complimentary study during the conference negotia- from Missouri for his support on this space mission, the Solar Dynamics Ob- tions. This is an important matter for important issue. server, is launched. The combination of the State of West Virginia and other NSF ASTRONOMICAL RESEARCH these two observatories will provide an coal-producing States. Mr. INOUYE. Mr. President, I rise to unprecedented synergy between space- NASA speak on the issue of funding for as- and ground-based solar observations Mr. COCHRAN. Mr. President, I com- tronomy within the National Science that we believe will be of great sci- mend the chairman and the sub- Foundation. I would like to engage in a entific benefit. Unfortunately, the committee staff for their outstanding colloquy with Senators BOND and MI- budget request does not provide the work in bringing this legislation to the KULSKI, the distinguished chairman and necessary funding to accommodate Senate for consideration. ranking member of the Subcommittee these needs. Mr. BOND. I thank the Senator for on VA, HUD and Independent Agencies. One specific area that has emerged as his kind comments. Mr. BOND. I would be happy to en- critical is to begin the preparatory Mr. COCHRAN. As the chairman gage in such a discussion with the Sen- work on the mirror for this telescope knows, I have had a longstanding inter- ator from Hawaii, a member of the and to develop fully the fabrication and est in NASA’s research partnerships Committee and the ranking member on polishing techniques that will be nec- with universities and industry, particu- the Subcommittee on Defense. essary. Would the chairman and rank- larly in the area of developing commer- Mr. INOUYE. The committee’s bill ing member join me in helping to iden- cial applications in remote sensing. I recognizes that the budget request pro- tify $2 million in additional funding am pleased that the committee report vided inadequate funding for NSF’s as- during conference to address this issue? includes the following language, which tronomical facilities. In response, the Mr. BOND. Speaking for Senator MI- directs NASA to continue these part- committee bill provided additional KULSKI and myself, we would be happy nerships: funding for radio astronomy facilities, to look at this issue in conference. The Committee also expects NASA to con- Mr. INOUYE. I thank both Senators but the funding level in other areas re- tinue its work on long-term plans to partner for their leadership in helping the U.S. mains inadequate. For example, the with U.S. universities and industry in a vari- remain scientifically and techno- ety of NASA-related science research, in- National Optical Astronomy Observ- logically competitive by providing crit- cluding research related to nanotechnology, atory would be reduced below last ical investments in research. information technology and remote sensing. year’s level. Mr. BYRD. Mr. President, I am very These are all areas of investment that have Ms. MIKULSKI. The Senator is cor- interested in the need to provide fund- a commercial application that will have an rect. We were unable to provide addi- ing through the Environmental Protec- increasing impact on society, the economy, and quality of life. tional funds for the NOAO due to our tion Agency (EPA) for the National Re- tight 302(b) allocation. search Council to study whether the Mr. BOND. I share and strongly sup- Mr. INOUYE. One specific high pri- use of coal combustion wastes, other- port the Senator’s view that NASA ority area for investment in optical as- wise known as coal fly ash, poses should continue to work with univer- tronomy that will be needed to develop health and/or safety threats to the pub- sities and industry on NASA-related the next generation of ground-based lic or to the environment when used for scientific research. telescopes is in the area of adaptive op- reclamation purposes in both active Mr. COCHRAN. I appreciate the Sen- tics. This will enable a major advance and abandoned coal mines. ator’s response and would make the in astronomy that will have far-reach- For more than twenty years, the point that, while the Committee is sup- ing effects in other areas, including na- EPA has been grappling with the issue portive of these partnerships, the com- tional security. The National Academy of whether and how the use of these mittee report proposes to decrease of Sciences Decadal Survey in Astron- power plant combustion wastes should funding for the Earth Science Applica- omy has identified this as the enabling be regulated and the manner in which tions by $15,000,000 below the Presi- breakthrough that will be needed for they should be regulated, if at all, dent’s Budget request. I am concerned the Giant Segmented Mirror Telescope, under the Resources Conservation and that this reduction will not only limit the top priority for optical astronomy. Recovery Act or the Surface Mining NASA’s ability to partner with univer- For fiscal year 2004, about $5 million Control and Reclamation Act. With sities in the future, but may put at in additional funding for adaptive op- this amendment, the National Re- risk several current and on-going tics development is needed in order to search Council will be able to provide NASA contracts with universities for develop the future generation of much-needed research assistance to the remote sensing research. ground based telescopes, particularly EPA as the agency continues to con- I am particularly concerned that for the GSMT. Would the chairman and sider the development of national regu- NASA has sufficient funds in fiscal ranking member be willing to join me lations in this area. year 2004 to continue, at the fiscal year in examining this possibility during This study serves an important pur- 2003 contracted amounts, three impor- conference on this bill? pose and will help answer important tant NASA-university partnerships— Mr. BOND. We face a very tough con- questions about the impact of dis- the Enterprise for Innovative ference with the House with our tight posing coal combustion wastes in coal Geospatial Solutions, the Institute for allocation and other competing fund- mines. Further, this study would offer Advanced Education in Geospatial ing priority areas such as veterans’ timely information to EPA policy Sciences, and the GeoResources Insti- health care, affordable housing, and makers as these experts continue to as- tute. I would inquire whether the other science and space programs. Nev- sess the need for regulations governing Chairman would agree that it is not ertheless, I will look at this issue in this practice. the Committee’s intention that this conference. In summary, there is a great need for Bill’s proposed reduction in the Earth Mr. MIKULSKI. I would be happy to this study. It could be funded within Sciences account will be applied by support the Senator. existing resources and under existing NASA to reduce the fiscal year 2004 Mr. INOUYE. I would like to raise authorizations. I hope that my col- funding for these three partnerships. another issue. The Advanced Tech- leagues will be able to consider this Mr. BOND. I appreciate the Senator nology Solar Telescope was identified important request during the VA/HUD bringing his concerns to my attention. as the highest priority solar astronomy conference. I thank them for their con- He has my assurance that the Commit- initiative for the coming decade. Pres- sideration of this issue. tee’s proposed reduction in the Earth

VerDate jul 14 2003 04:54 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.092 S12PT1 S14526 CONGRESSIONAL RECORD — SENATE November 12, 2003 Sciences account is not intended to receive funding under NCSA. Although mates’’ of AmeriCorps volunteer duce the funding for the three univer- authorization for the appropriation of awards. CNCS is expected to enroll sity partnership programs he has de- funds for NCSA and DVSA programs nearly 50,000 volunteers in 2003. The scribed. I also share your concerns that expired at the end of fiscal year 1996, bill also provides safeguards for the this reduction could curtail some of funding for the programs has been program by establishing a central re- the valuable research which we expect maintained through annual appropria- serve fund to guard the Corporation and which needs to be accomplished, tions legislation. Specifically, NCSA against overenrollment; requiring the and therefore intend to work in con- programs are funded through the Vet- Chief Executive Officer to certify that ference to increase the funding for erans Affairs, VA, and Housing and the National Service Trust Fund con- Earth Science Applications to prevent Urban Development, HUD, appropria- tains sufficient resources to meet edu- any unintended shortfalls to existing tions bill, while DVSA programs are cation award liabilities; and requiring programs as well as to needed new in- funded through the Labor, Health and an independent audit of the corpora- vestments. As NASA continues to im- Human Services, HHS, and Education tion’s funding formula. S. 1276 was plement full cost accounting, we will appropriations bill. passed unanimously by the Senate, confront a number of funding issues AmeriCorps funds are distributed with my strong support, and was subse- which will need additional scrutiny as through the following channels: State quently passed by the House of Rep- we seek to understand NASA’s new re- formula programs, State competitive resentatives the following day. Passage quirements with regard to what costs programs, national grants, and set- of this legislation was a positive step apply to programs under full cost ac- asides for Indian tribes. One of the ben- towards addressing the needs of the counting. efits eligible AmeriCorps participants AmeriCorps program. Mr. COCHRAN. I appreciate the Sen- receive is an education award of $4,725 I am disappointed that additional ator’s assurance and look forward to at the end of their service term. As a AmeriCorps funds were not ultimately working with him to ensure Earth result of accounting and management included in the supplemental this year. Science Applications and these impor- complications and reduced funding, the However, I am pleased that increased tant NASA-university partnerships AmeriCorps program expects to fall funding has been included in both the will be fully funded in fiscal year 2004. short of funding the 50,000 available Senate and House fiscal year 2004 VA– Mr. SANTORUM. Mr. President, volunteer slots for 2003. HUD, and Independent Agencies appro- today I rise to speak to an amendment Significant progress continues to be priations bill. The House passed this to the VA–HUD, and Independent Agen- made to improve and reform the legislation on July 21, and it contains cies appropriations bill which increases AmeriCorps program. Under the leader- $244 million for the aforementioned the bill’s funding for AmeriCorps up to ship of former Senator Harris Wofford grants and education awards. President the funding level requested by Presi- and some States, significant steps were Bush requested $313.2 million for fiscal dent Bush in this year’s budget. The taken to improve the management of year 2004; the amount provided in fiscal bill currently includes $340 million in a the AmeriCorps program of the Cor- year 2003 was $173.9 million. combined account for AmeriCorps poration for National Service, CNS. Mr. President, I urge my colleagues grants, national and state grants, and Les Lenkowsky had a vision to con- to support this amendment to expand education awards. My amendment tinue that progress and a commitment the number of AmeriCorps participants would add $93 million to increase the to community service. I recognize the and fully fund the President’s request. total to $433 million, the President’s dedication and contributions of I also believe that Congress should budget request. The amendment is paid AmeriCorps participants. I also believe refocus the program on poverty allevi- for by the necessary across-the-board that more can be done to improve the ation efforts, expanded service location reduction in the bill as a whole. As a effectiveness of AmeriCorps by expand- options for participants, and placing a part of the USA Freedom Corps initia- ing the opportunities for service and I greater emphasis on serving charities tive, President Bush is committed to have previously introduced legislation and the needy communities they serve providing resources for 75,000 intended to further that effort. In Au- to enable an even more strategic con- AmeriCorps participants this coming gust 2001, I introduced S. 1352, the tribution from this federally supported year. Earlier this year, in July, the AmeriCorps Reform and Charitable Ex- program for Americans in need. Senate supported an increase of $100 pansion Act. The goal of this legisla- Mr. BOND. Mr. President, I would million in Fiscal Year 2003 funding. Un- tion was to expand service opportuni- like to thank the Senator from Penn- fortunately, the funding was not ulti- ties through the AmeriCorps program sylvania, Mr. SANTORUM, for agreeing mately included in the supplemental and better equip AmeriCorps volun- to withdraw his amendment to further spending bill to the detriment of many teers to reach out and serve Americans increase funds for the AmeriCorps pro- committed community service pro- in low-income communities. We must gram. I look forward to working with grams around the country and in Penn- continue to focus our efforts on serving the Senator from Pennsylvania in the sylvania. Americans in our society who are most effort in conference to fully fund the Major community service and volun- in need of a helping hand. My bill President’s request for AmeriCorps. teer programs funded by the Federal would have enabled participants to Mr. NICKLES. Mr. President, today Government are authorized under two focus their efforts on helping Ameri- the Senate is considering H.R. 2861, the laws: the National and Community cans who are often overlooked in our Veterans Affairs, Housing and Urban Service Act of 1990, NCSA, and the Do- society and help bring about renewal in Development and Independent Agen- mestic Volunteer Service Act of 1973, our low-income communities. The bill cies Appropriations bill for Fiscal Year DVSA. The Corporation for National would have dramatically increased 2004, as reported by the Senate Com- and Community Service, CNCS, an service opportunities in low-income mittee on Appropriations. independent Federal agency, generally communities through a voucher sys- The pending bill provides $91.334 bil- administers the programs authorized tem, which would have encouraged lion in total budget authority and under these laws. AmeriCorps volunteers to choose loca- $96.549 billion in total outlays for Fis- The NCSA and DVSA have not been tions predominantly serving low-in- cal Year 2004 and within the Sub- reauthorized since 1993, with the pas- come individuals. In addition to in- committee’s 302(b) allocation. For dis- sage of the National and Community creasing the funding, I believe it is im- cretionary spending the Senate bill is Service Trust Act of 1993, P.L. 103–82). portant to reauthorize the Corporation at the Subcommittee’s 302(b) alloca- This measure established: No. 1, the for National Service this Congress. tion for budget authority and below AmeriCorps program; No. 2, CNCS to As a significant additional step, on the allocation by $.018 billion or .02 administer NCSA and DVSA programs; June 18, 2003, Senator KIT BOND of Mis- percent in outlays. The Senate bill is No. 3, a National Service Trust to fund souri introduced S. 1276, the Strength- $1.699 billion or 1.8 percent in BA and educational awards to AmeriCorps and en AmeriCorps Program Act. I cospon- $.708 billion or .7 percent in outlays other community service participants; sored this bipartisan legislation, which above the President’s budget request. and No. 4, State commissions on na- allowed the CNCS to fund education The pending bill funds the programs tional and community service to re- award grants using ‘‘conservative esti- of the Department of Veterans Affairs,

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.108 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14527 the Department of Housing and Urban I thank Senators BOND and MIKULSKI some public housing developments that Development, the Environmental Pro- for including language in this bill do not provide adequate housing and tection Agency, Corporation for Na- which will help to ensure that thou- contribute to neighborhood blight and tional and Community Service, Na- sands of families do not lose their deterioration. These developments are tional Aeronautics and Space Adminis- homes. Under the administration’s being transformed through the HOPE tration, National Science Foundation budget, the section 8 housing voucher VI program, which provides grants to and several other agencies. program, which assists almost 2 mil- demolish and rebuild the deteriorated Mr. President, I ask unanimous con- lion families across the country, would housing, helping to revitalize commu- sent that a table displaying the Budget be underfunded by over $1 billion. nities. I can tell you that in Baltimore Committee scoring of the bill be print- Fortunately, we have reason to be- City, the HOPE VI program has been ed in the RECORD. lieve that HUD has funds from prior an integral part of our revitalization There being no objection, the mate- years to use on voucher renewals, and efforts and its effects are felt through- rial was ordered to be printed in the the bill before us directs HUD to use all out the city. I commend Senators BOND RECORD, as follows: legally available funds for this purpose. and MIKULSKI for continuing to fund this important program in the face of S. 1584, VA–HUD APPROPRIATIONS, 2004.—SPENDING The bill contains important provisions the administration’s efforts to termi- COMPARISONS—SENATE-REPORTED BILL that preserve a housing agency’s right to lease up to its authorized level of nate HOPE VI. [Fiscal Year 2004, $ millions] vouchers, and to overlease in a given The appropriations bill before us also General contains a number of changes to exist- Mandatory Total month where necessary to achieve full purpose 1 utilization. It is my hope that these ing programs. I want to raise a concern Senate-reported bill: 2 provisions avert any problems that about the adoption in this bill of lan- Budget authority ...... 91,334 32,911 124,245 guage authorizing HUD to move for- Outlays ...... 96,549 32,685 129,234 could be caused by the low level of ap- Senate Committee allocation: propriations for this program. How- ward with a proposal to allow for Budget authority ...... 91,334 32,911 124,245 subprime FHA lending. I do not believe Outlays ...... 96,567 32,685 129,252 ever, I fully support language in the re- 2003 enacted: port directing HUD to seek additional that HUD is prepared for such a pro- Budget authority ...... 86,817 30,318 117,135 Outlays ...... 93,061 29,859 122,920 funding through a supplemental if nec- gram. FHA has been an important tool President’s request: essary. for creating first time homebuyers, Budget authority ...... 89,635 32,911 122,546 Outlays ...... 95,841 32,685 128,526 The bill before us restores funding for particularly new minority homebuyers. House-passed bill: a number of small, but important pro- However, in some areas, as the com- Budget authority ...... 90,033 32,482 122,515 Outlays ...... 95,478 32,266 127,744 grams that the President’s budget mittee report recognizes, FHA has been Senate-Reported Bill Compared To sought to terminate. This bill con- misused so as to lead to neighborhood Senate 302(b) allocation: tinues the Rural Housing and Eco- disinvestment. The potential for abuse Budget authority...... 0 0 0 is too large to allow HUD to move for- Outlays ...... ¥18 0 ¥18 nomic Development program, a $25 mil- 2003 enacted: lion program to help address the ward with this new product. I urge Budget authority ...... 4,517 2,593 7,110 members of the committee to ask HUD Outlays ...... 3,488 2,826 6,314 unique housing needs in rural commu- President’s request nities, and provides $25 million for to provide a detailed plan on how it Budget authority ...... 1,699 0 1,699 Outlays ...... 708 0 708 brownfields development. would implement a subprime FHA House-passed bill: Fortunately, homeless programs in product prior to empowering HUD to Budget authority ...... 1,301 429 1,730 Outlays ...... 1,071 419 1,490 this bill are provided with $108 million do so. more than in fiscal year 2003. Over 1 I also thank Senator BOND and Sen- 1 Adjusted for floor amendment striking contingent emergency designation. 2 This bill contains $25 million in lost revenue in FY 2004 due to a provi- million children will experience home- ator MIKULSKI for their strong and on- sion that blocks pesticide fees. lessness at some point this year, and going support of the Asset Control Note.—Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping conventions. each extra dollar for homeless pro- Area, ACA, program. This program was established by the appropriators with Mr. SARBANES. Mr. President, I grams is clearly needed to ensure that the goal of turning distressed neighbor- come to the floor today to voice my no child has to live on the street. hoods with high foreclosure rates, low support for the HUD/VA fiscal year 2004 While there are many positive as- homeownership rates, and disinvest- appropriations bill currently before us. pects to this appropriations bill, the This bill is a great improvement over public housing program, which houses ment into areas of hope and growth. the administration’s budget which approximately 1.5 million families, is HUD has not administered this pro- sought to terminate a number of im- underfunded yet again. each year, the gram effectively, as the Senate report portant housing programs. Under the administration has cut the Public points out. The Congress gave HUD leadership of Senators BOND and MI- Housing Capital Fund, which is used considerable flexibility to run this pro- KULSKI, the Appropriations Committee for maintenance and repairs. There is gram and I strongly agree with the was able to restore cuts contained in already a backlog of over $20 billion in views expressed in the report that HUD the administration’s budget. needed capital repairs, yet, the admin- has not used this flexibility to effec- I first want to underscore the impor- istration’s budget, as well as this bill, tively work with the local governments tance of the housing programs funded cuts the Capital Fund by $69 million. and nonprofits to make this program under this bill. These programs meet a Without adequate funding, this backlog useful. I agree with my colleagues that critical need in communities around will continue to grow, threatening the HUD ought to work with these groups this country. Thirty percent of Amer- homes of 1.5 million American families to ensure that they possess the nec- ican families have housing afford- and the Federal Government’s substan- essary tools to invest in and rehabili- ability problems, with over 14 million tial investment in this housing. tate these communities. families paying more than half of their The Public Housing Operating Fund Restoring neighborhoods that have income for rent. Many working fami- is level funded; however, even that fallen victim to disinvestment is im- lies are unable to afford housing costs level is not adequate. Under last year’s portant; however, it is more cost effec- and this problem is growing as housing appropriations, HUD was unable to pro- tive to prevent the disinvestment from costs rise. vide housing authorities with 100 per- happening in the first place. That is The importance of housing programs cent of their needed subsidies. In addi- why we must do more to prevent FHA is clear. Unfortunately, each year we tion to these cuts, in the past few foreclosures in troubled neighborhoods. must fight to ensure that these pro- years, housing authorities have lost I applaud Senator MIKULSKI and Sen- grams are adequately funded. While I the ability to run youth programs and ator BOND for their continued efforts to support the overall bill that we are provide for safety patrols as a result of find ways to stop the foreclosure and considering, it does not contain ade- the termination of the Public Housing flipping problems that plague many quate funding to meet the needs of low- Drug Elimination Program. neighborhoods. I support the require- income people around this country. Despite these cuts, public housing ment contained in the committee re- What this bill does, however, is im- agencies, in general, provide decent port that HUD explore ways to protect prove upon the administration’s budget and safe housing for millions of low-in- both these communities and FHA request. come Americans. However, there are homebuyers from bad loans that lead

VerDate jul 14 2003 04:54 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.093 S12PT1 S14528 CONGRESSIONAL RECORD — SENATE November 12, 2003 to foreclosures. The idea that FHA has always been available as a tool to votes for cloture to allow the vote. homebuyers in these specific areas derail a nomination, but until this Under Senate rules, the Presiding Offi- would have someone who is responsible Congress it has not been successfully cer cannot put the question to a vote if for watching out for their interests used. any Senator holds the floor or seeks to could help reduce flipping, predatory On rare occasions, confirmation fili- speak. If debate does not end, we can- lending, and other abusive practices busters were attempted, but the Senate not vote. To conclude debate, we must that undermine a community’s sta- always thwarted them. Up until now, secure cloture, but cloture requires 60 bility and I thank my colleagues for in- no judicial nominee has ever failed on votes. If a minority determines to ob- cluding this in the bill before us. a filibuster. For the past 200 years, no struct, they never permit the Chair to Again, I thank Senators BOND and judicial nominee has ever failed on a put the question, and they withhold MIKULSKI for ensuring that low-income filibuster. the votes for cloture to stop the fili- families continue to have access to de- This year, in this Congress, those buster. cent and safe housing and for helping norms have been shattered. A partisan On Miguel Estrada, on Priscilla to address some of the tough issues filibuster destroyed the nomination of Owen, on William Pryor, and on that affect many neighborhoods around Miguel Estrada, an immigrant from Charles Pickering, the full Senate has the country—vacant homes, predatory Honduras. Mr. Estrada is a superb law- been denied the right to vote on con- lending, and revitalization efforts. yer, a great American success story. He firmation. And no amount of debate Ms. MIKULSKI. Mr. President, what served with distinction in both the and no amount of time is sufficient so time is it? Clinton administration and the Bush the opponents’ obstruction thus far has The PRESIDENT pro tempore. It is administration. The American Bar As- prevailed. 5:58. sociation gave him its highest rating. This week, I fear yet two more nomi- Ms. MIKULSKI. Mr. President, in the Senate confirmation by an ample ma- nees may fall victim to the filibuster. 2 minutes that are left I just want to jority was assured. But a filibuster Carolyn Kuhl and Janice Rogers Brown thank my colleague for the spirited blocked action and the Senate was de- are able and talented candidates for way he has tried to move this bill. We nied the opportunity for an up-or-down the Federal bench. Either could be con- worked with energy. We had momen- vote. firmed if they were ever given a vote. tum. We had bipartisan support. With The remedy for the filibuster is a clo- Will Senators be able to take those the 2 minutes left on this bill, I really ture vote. Before filing a cloture mo- votes or will disciplined obstruction must express my very keen disappoint- tion on the Estrada nomination, we prevail yet again? I would like to be ment that we were not allowed at least waited several weeks. During that proven wrong, but I am not optimistic. another hour or two to finish. I know time, the nomination was debated on We will hear in this debate over the the other side has the issues they want the floor for many hours. On more than next several hours that the Senate has to raise on Federal judgeships, but this 20 occasions we asked unanimous con- confirmed over 168 Bush nominees, and bill stands up for what America stands sent for a time certain to vote. Every only 4 have thus far been blocked. for—veterans, empowerment of com- time we did, the minority objected. Some Senators will argue these num- munities, and housing. And for 2 hours, They obstructed a simple up-or-down bers demonstrate fairness to the nomi- in a show of respect to them, we could vote. From their standpoint, Mr. nees overall and to the President. We finish this bill. Estrada would never get a vote, not in hear again and again the Senate is not The PRESIDENT pro tempore. The a week, not in a month, not in a month a rubber stamp. hour of 6 o’clock having arrived, the or two, and not even for the whole Con- I am unimpressed with that argu- majority leader is recognized. gress. ment. It uses a scorecard of a sort to f When it became clear that consent mask the real issues. Can Senators was impossible and the filibuster would vote up or down on a nominee? Or will JUDICIAL NOMINATIONS not voluntarily end, cloture was the obstruction by filibuster deny them The PRESIDENT pro tempore. The only resource left. Until this Congress, that right to vote? Will Senators be hour of 6 o’clock having arrived, the the record number of cloture votes on a held accountable for their vote? Will majority leader is recognized. single judicial nomination was two. On all nominees brought to the floor be Mr. FRIST. Mr. President, tonight the few occasions a filibuster had got- treated fairly and get a vote? Will we we embark upon an extraordinary ses- ten that far, bipartisan majorities in be denied our right to give advice and sion for the next 30 hours. Republicans both invoked cloture, shut it down, and consent? If Senators wish to oppose a and Democrats will debate the merits immediately thereafter those nominees nominee, that is their right. They may of three judicial nominees. We will be were confirmed. Not so for Miguel vote against him or her if they wish. If considering the meaning of our con- Estrada. Seven times—not two, seven they can command a majority, the stitutional responsibility to advise and times—we initiated cloture; seven nominee simply will not be confirmed. consent on nominations. We will dis- times cloture failed. Each time more That is how things should be. But that cuss whether there is a need to enact than a majority in this body voted to simple logic seems no longer to apply. filibuster reform so that nominations end the filibuster but never did we get Because of the filibuster, the majority taken to the floor can get a vote. 60 votes. The minority obstruction did is allowed to vote only if the minority At the end of this time, the Senate prevail, but Mr. Estrada would never consents. will either vote on the nominees or we get an up-or-down vote. This body Filibustering judicial nominations will try to break the minority’s filibus- never gave Miguel Estrada an up-or- breaks dangerous new ground. It is un- ters through cloture votes. Our goal is down vote. precedented. These filibusters are not very simple: It is an up-or-down vote Finally, Mr. Estrada asked the Presi- business as usual. Obstructionists have on these nominees. People can vote dent to withdraw his nomination. Who eroded two centuries of Senate tradi- them up or they can vote them down. could blame him? He left the field with tion. Those who obstruct have changed Just give us a vote. dignity. Meanwhile, the Federal the ground rules by which the Senate We hold this extraordinary session courts—indeed, I would argue, there- votes on confirmations. Some contend for truly extraordinary reasons. In the fore, the American people—were denied the minority has no choice. These left- history of this Senate, through 107 the service of a brilliant intellect, and wing activists and special interests Congresses, the filibuster was never the Senate’s confirmation process was claim the minority must use every used to block confirmation of judicial tarnished with unfairness. available tool to oppose even if it nominees enjoying majority support. Sad to say, Miguel Estrada was not changes forever how the Senate does When the Senate has refused to con- an isolated case. Filibusters have also business. Only then, they say, can the firm a nominee brought to the floor, it been mounted against Priscilla Owen, separation of powers be vindicated. has done so on an up-or-down vote. William Pryor, and Charles Pickering. But let’s look to history because his- Permitting a vote was fair to the nomi- In each of these instances, a majority tory shows us a very different and a nees and fair to the President who sent of the Senate will confirm, a majority better path. For 70 percent of the 20th them to us. In theory, the filibuster will confirm, but we cannot get 60 century the same party controlled the

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A12NO6.100 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14529 White House and the Senate. Franklin The majority leader is recognized. making power to amend rules or prece- Roosevelt sent liberal nominees to a Mr. FRIST. Many proposals surfaced dents to end filibusters on nominees. Senate dominated by Democrats. So to change the cloture rule. Major Various proposals go far beyond the did John Kennedy, Lyndon Johnson, amendments were adopted. In all those Frist-Miller filibuster reform. I would and Jimmy Carter. Ronald Reagan sent debates, not a word was mentioned not support these efforts now but I re- conservative nominees to a Senate con- about nominations. Why should the deserve the right to support them later. trolled by Republicans. The Senate bate have focused there? Nominations During these recent days, the major- confirmed most of those nominees and were not filibustered. ity has come under vocal criticism rejected some others. But nominations What is happening now breaks sharp- from our colleagues on the other side brought to the floor got a vote and ly with Senate tradition in ways that for scheduling this executive session never died due to a filibuster. are corrosive for this institution. To tonight and these cloture votes. The All during those times the Senate restore those traditions, I have pro- debate is a waste of time, they con- had vigorous debate, effective debate. posed filibuster reform. Along with tend, because the Senate has many ur- They had vigorous and effective mi- Senators ZELL MILLER and nine addi- gent matters to address, and we are norities who sometimes filibustered tional cosponsors, I introduced S. Res. short on time to address them. Indeed, legislation but never filibustered 138 in May. Our proposal was heard, re- our agenda is crowded. But the ques- judges. Was Senator Dirksen’s minor- ported by the Rules Committee in tion of how this Senate discharges its ity derelict in some way in not using June, and now awaits Senate action. constitutional responsibility on nomi- the filibuster against Kennedy’s and The Frist-Miller proposal will alter nations is among the most important Johnson’s nominees? What about the the way the Senate concludes debate issues we can discuss. It affects how we minority that served with Senator on nominations. By progressively de- relate to two coordinate branches of Baker but did not filibuster Carter clining cloture requirements of 60 government. It concerns whether Sen- judges, the minority that served with votes, then 57 votes, then 54 votes, then ate traditions will be upheld or dis- Senator BYRD but did not filibuster 51, and finally, with a simple majority carded. It involves the meaning and fu- Reagan judges, or the minority that of Senators present and voting, we can ture of the confirmation process. Such served with Senator DOLE but did not end the practice of filibustering nomi- deliberations are plainly worth the obstruct Clinton judges? Because they nations if the Senate has the will to do Senate’s time and the close attention did not filibuster judges, did those mi- so. of the American people. Every effort to reform the cloture norities abdicate their confirmation re- In closing, by unanimous consent, rule, whether successful or not, has sponsibilities? I think not. time during these 30 hours has been been debated in its entirety. Frist-Mil- But now a different tradition has equally divided between the two par- ler is different. It reforms the cloture been launched. It is the obstruction of ties. This will allow for balanced argu- process only for nominations and judges by a minority. This obstruction ments, good debate, a chance to focus leaves cloture for the remainder of sets a novel threshold for confirmation: on these issues without distraction. We Senate debate alone. We fix only what Nominees who are singled out because have entered this consent agreement in they fail someone’s ideological test or is broken. good faith to foster a serious dialog on because they showed general promise Mr. GREGG. Mr. President, I am a serious subject. This means sticking must have 60 votes to break a fili- sorry to interfere, but that sign is to the subject and not undermining or buster. The Constitution says that a clearly in violation of rule XVII and trivializing this session by wasting simple majority is enough to confirm, should be removed. time through meaningless quorum but somehow that majority is no The PRESIDENT pro tempore. The calls and other obstructionist tactics. longer sufficient. Confronted with a fil- Chair has asked for a review of that, The debate we launch tonight is funda- ibuster and disciplined obstruction, the and the Chair will report to the Senate mental to restoring fairness to our con- majority cannot vote at all. They are when we get that report. firmation process and reaffirming two being denied a simple up-or-down vote The majority leader is recognized. on those nominees. Mr. FRIST. Mr. President, a nomina- centuries of Senate tradition. Under the Constitution, the Senate tion filibuster by a minority whenever The majority is here, prepared to do has a confirmation veto; a majority it may coalesce is different from legis- business. We want to meet our con- can vote a nominee down but obstruc- lative filibusters. On legislation, there stitutional responsibility to advise and tion by filibuster is veto by a minority. is a potential safety valve that a trou- consent. Whenever the opposition Never did the framers envision that bled measure may be offered elsewhere ceases to obstruct, we are ready to anti-democratic outcome. as a nongermane amendment or some- vote. What we ask for is to be able to The American people are going to how be addressed by the House or in vote, up or down. Just give us a vote. learn a lot about cloture over the next conference. No such possibility exists The PRESIDENT pro tempore. The 30 hours. Cloture has applied to nomi- on a nomination. There is no safety Chair will make a report on the sugges- nations since 1949 when the rule was valve on a nomination. Filibustering tion of the Senator from New Hamp- expanded to address every debatable nominations is obstruction in its most shire. Rule XVII of the Rules for Regu- question except for motions to proceed potent and virulent form. Even if a ma- lation of the Senate wing of The United to rules changes. The inclusion of clo- jority of Senators stand ready to con- States Capitol and Senate Office Build- ture was merely incidental to a broader firm, nomination filibusters are fatal. ings provides that: reform. In 1949, the change was con- Frist-Miller is a narrow remedy that Graphic displays in the Senate Chamber troversial. It was well debated but not addresses a real problem. It permits are limited to the following: a word in all of that debate in 1949 was substantial debate but allows the full Charts, photographs, or renderings: Size—No larger than 36 inches by 48 inches. about nominations. The omission is Senate to work its will. The Senate must halt the emerging and unwelcome Where—On an easel stand next to the Sen- not surprising because nominations ator’s desk or at the rear of the Chamber. simply were not filibustered then. practice of obstructing nominations. When—Only at the time the Senator is en- For three decades thereafter many No change in the rules is needed if gaged in debate. proposals surfaced to change the clo- those who have filibustered will relent Number—No more than two may be dis- ture rule, and in 1959, 1975, and 1979 and permit the nominations to have a played at a time. major amendments were, in fact, vote. If they do not, then amending the This sign was on display prior to the adopted. In all those debates not a rules is imperative. We have sought time the Senator has been recognized. I word was said about nominations. consent for a time certain to vote on would ask that the Senator be prepared Mr. GREGG. Will the majority yield each of the nominees. Met with objec- to use his sign when he is recognized for a parliamentary inquiry? Isn’t the tion, we filed for cloture. Without ei- and the signs not be displayed until the sign across the aisle in violation of rule ther consent or cloture, the obstruc- Senator is recognized. XVII? tion will continue and incessant de- Several Senators addressed the The PRESIDENT pro tempore. The mands for reform will grow louder. Chair. Parliamentarian will make a report to These demands will include the exer- The PRESIDENT pro tempore. The the Chair. cise of the Senate’s constitutional rule- majority leader still has the floor.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.108 S12PT1 S14530 CONGRESSIONAL RECORD — SENATE November 12, 2003 Mr. FRIST. Mr. President, once I run cated that we might finish that bill in ture and the history of cloture—nobody through these unanimous consent re- 2 hours. understands better the challenges to quests, I will yield the floor. Now, I hoped the majority leader me as majority leader than the distin- UNANIMOUS CONSENT AGREEMENT—EXECUTIVE would be in the Chamber prior to the guished Senator from West Virginia on CALENDAR hour of 6 o’clock. I was made aware of the scheduling of this body. Mr. President, I now ask unanimous his request that he be recognized 2 I know there are people questioning consent that the Senate proceed to ex- minutes before 6—5:58 or some such. I why we are working tonight, and even ecutive session for the consideration of was hoping that—and it was with con- through the night. We tried to spend a Calendar No. 86, the nomination of siderable trepidation, certainly reluc- full day this Monday on the floor of the Priscilla Richman Owen to be a United tance, that I sought to impose a unani- Senate, which was not a Federal holi- States Circuit Judge for the Fifth Cir- mous consent request that would, for 2 day—never has been a Federal holi- cuit. hours, have delayed action on the then- day—but when I made it clear we were The PRESIDENT pro tempore. Is pending unanimous consent—Senate here to do appropriations, a specific ap- there objection? request—the unanimous consent re- propriations bill, and then, yes, on Vet- Mr. BYRD. Mr. President, reserving quest. I get my tongue a little twisted erans Day had us here—and I know the the right to object. at age 86. That is my problem. distinguished Senator had wished we The PRESIDENT pro tempore. The But I waited, hoping the majority were not here on that day, but being Senator reserves the right to object. leader would come to the floor. I know here on Veterans Day, and talking Mr. BYRD. I shall not object, but I the demands on him, and I understand about the Department of Defense au- ask for this recognition for the purpose that. But I hoped he would be here so thorization and military construction of asking the distinguished majority that I could make this request prior to and preparing for the bill that we ad- leader a question. this, what I call a game that is going dressed today, we made it very clear we Before I do that, may I say to the dis- on. would be using this time from 6 o’clock tinguished majority leader that I have Please forgive me if—I am interested tonight, a long time ago, weeks ago, to no intention to become involved in this in getting the appropriations bills your side and my side—not weeks ago, game back and forth. And I do not say passed. I am not interested in partici- probably last week—after we try to fin- it is a game just indulged in by one pating in this other matter at all— ish up our business. side. I have nothing to do with it. I right now. I have some ideas. I do not I put a huge priority on appropria- have had nothing to say in it thus far. thoroughly agree—I do not completely tions, a huge priority. We are going to And at the moment, I do not anticipate agree with the distinguished majority kill ourselves to finish all these bills. I having anything to say. leader on his interpretation of the Con- pledge to you by the end of next week My interest is this: I am the ranking stitution with respect to nominees, but is my goal to fully address all of the member of the Appropriations Com- that is for another time. appropriations bills because I respect mittee of the Senate. I have been on But I have taken the floor now in the the process, and I have tried to bring that Appropriations Committee longer hope that we might, on this one day every bill out. And as of today, we have than any Senator in history. I have after Veterans Day—and my mother brought every single bill to the floor. been on it 45 years. I would like to see died on Armistice Day, 1918. I was 1 And for various reasons—not pointing us get one more appropriations bill year old back then, lacking a week or fingers too much to either side—we passed. something. have not been able to finish several of When I was chairman of the Appro- We have men and women dying in them. priations Committee for 7 years, I do Iraq now. We have veterans by the Thus, I am going to respectfully say not believe there was a year in which scores coming back to this country that no, I am going to stick with the we did not get all 13 regular appropria- who are injured and who will carry for schedule because we have people here tions bills passed. We have passed 10 life the signs of their service in Iraq. to talk about an issue that many be- appropriations bills already this year. I wanted to ask the distinguished lieve equally important, some more The distinguished chairman of the majority leader—and I did not want to important; that is, our responsibility Appropriations Committee, Mr. STE- interrupt his speech, but I want to ask to handle these judicial nominations VENS, who is the President pro tempore him, with great respect, if he would be responsibly, respectfully, and that is of the Senate, and who now presides, willing to let the Senate go, let’s say, what people are here to debate. has worked hard and has worked with until 8 o’clock, and then renew the preme, but he has done most of the work vious order, with the understanding Then I would be happy to discuss how in getting those 10 appropriations bills that we finish action on the VA-HUD we complete this appropriations proc- passed. I discussed this matter with bill by 8 o’clock, that the time inter- ess with you and with the distinguished him during the vote just preceding the vening be equally divided between Mr. Presiding Officer because I am going to need your help to finish these in an or- hour of 6 o’clock, and I indicated to BOND and Senator MIKULSKI, and that him I would like to see us try to finish we enter the order to complete that derly way. this appropriations bill, the VA–HUD bill at 8 o’clock. But for now, I think we need to appropriations bill. And he indicated to That is all I am asking, that we go progress with addressing another imme—he is in the chair—he indicated to another hour and a half, complete that portant issue that is the schedule I set me he would be glad to work toward bill, which would make us have 11 bills out. I would ask your consideration for that. finished as far as floor action is con- setting that schedule out and that we So here we are. We have finished cerned, with only 2 remaining. Let’s can figure out how to do these appro- floor action on 10 of the 13 regular ap- get that bill passed. That is important. priations bills. propriations bills. Only three are left. I was a participant in the filibuster Mr. REID. Mr. President, reserving Those three are VA–HUD; DC appro- against Abe Fortas. I know something the right to object. priations; and CJS, Commerce-Justice- about filibusters. And I just am not The PRESIDENT pro tempore. The State—three appropriations bills. We willing to enter into one personally Senator from Nevada. are almost finished on VA–HUD. right now. But I would like to get this Mr. REID. Mr. President, I say, When I came to the floor, my interest appropriations bill finished. through the Chair to the distinguished was in trying to get that bill finished, Mr. FRIST. Mr. President, respond- majority leader, we started at 6 making it 11 appropriations bills. So I ing, through the Chair, there is nobody o’clock, and he spoke for 22 minutes or came to the floor, and I asked the man- on the floor of the Senate now—and I something. We have not gone into exec- ager on this side, Senator MIKULSKI, if do appreciate this many people being utive session yet. I would ask consent we could finish it, and how long it here to debate the issue of our judicial that your time be counted in the first would take, in her judgment. She nominations and the process, the proc- hour so that we do not get behind in thought it would take perhaps 2 more ess that the distinguished Senator the 30 hours. hours. And I believe, in discussions from West Virginia probably under- Does the leader understand my re- with Senator BOND, it was also indi- stands better than anybody; that is clo- quest?

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.112 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14531 Mr. FRIST. I do. And then we are erans. I speak of a long service to vet- that request tonight. Tonight we are going to subtract the time from the erans—more than 51 years in this Con- going to stay on the judicial nominees. questions. gress. I was here when the Veterans But I would like to discuss with you Mr. REID. Yes, I understand. Administration was created. About and the managers of the bill, and the Mr. FRIST. That is fine, my 22 min- Friday—Friday—— Presiding Officer, the chairman of the utes apply, or whatever the time was I Mr. FRIST. Yes, sir. Appropriations Committee, how we can was actually speaking, to our first- Mr. BYRD. I am the recipient of the best resolve that as quickly as we pos- hour agreement. Franklin Delano and Eleanor Roosevelt sibly can. I still have some unanimous consent Award for Freedom from Fear. I will Mr. BYRD. Thank you, Mr. Presi- requests. receive that award on Saturday. I am dent. I remove my reservation and Mr. REID. I certainly understand. not in a position to drive up on Satur- thank the majority leader. Mr. FRIST. But for the length of my day morning and receive that award. The PRESIDENT pro tempore. Did speech, it would be fine to apply that My wife is invited also with me. She the majority leader submit a unani- time to the first hour since we will be cannot go. So I have to go on Friday, mous consent request? splitting the hours. and the train leaves at 1 o’clock. As far Mr. REID. Yes, he did. He did. The PRESIDENT pro tempore. Is as I am personally concerned, I would The PRESIDENT pro tempore. With- there objection to the request? be happy to come in and finish those 2 out objection, it is so ordered. The re- Mr. BYRD. Mr. President, further re- hours and get the—I believe there are quest is granted. serving the right to object. four votes that are going to be sched- f The PRESIDENT pro tempore. The uled on clotures that morning. EXECUTIVE SESSION Senator is recognized for a question. Well, I have cast more rollcall votes Mr. BYRD. And I do not intend to ob- than any living Senator, any deceased ject, Mr. President. Senator, any Senator in the history of NOMINATION OF PRISCILLA May I say to the distinguished major- this Republic, any other Senator. I RICHMAN OWEN, OF TEXAS, TO ity leader, 4 million veterans receive have 16,627 or 8 or 9—somewhere along BE UNITED STATES CIRCUIT health care through the veterans there. JUDGE FOR THE FIFTH CIRCUIT health care system funded by the VA- I say all that to say this: I do not The PRESIDENT pro tempore. The HUD bill. How should we explain to want to miss any rollcall votes on Sat- clerk will report. these veterans that the bill is being set urday. I take great pride in my rollcall The assistant legislative clerk read aside? record extending over 45 years in the the nomination of Priscilla Richman Mr. FRIST. Mr. President, through Senate. It is 98.7 percent. So I missed Owen, of Texas, to be a United States the Chair, I have had the wonderful op- less than 2 percent of the votes. Circuit Judge for the Fifth Circuit. portunity of working in veterans hos- Could we agree then—I do not want The PRESIDENT pro tempore. The pitals myself for the last—until I got to put myself in the position of my own majority leader. to this body—for 15 years, every day leaders, as I did not want to put myself Mr. FRIST. Mr. President, I would operating, giving care to veterans in in the position of the distinguished ma- inquire of the Democratic side if they medicine. So I appreciate veterans hos- jority leader on the other side. I would would be prepared to grant a time limi- pitals. I worked in veterans hospitals. I like to be able to make the four votes tation on this nomination of 2 hours? have probably spent more time than on Friday, catch my train at 1 o’clock, The PRESIDENT pro tempore. The anybody in this Chamber in veterans and go up and receive this very pres- Senator from Nevada. hospitals—from early in the morning tigious award. Mr. REID. Thank you very much, Mr. through many nights, just as we are Could we work something out to that President. going tonight. I care about hospitals. effect? Through you to the distinguished We are going to address them. Mr. FRIST. Mr. President, what I majority leader, first of all, let me What I would ask, in response, is if would like to do, because it is going to really say we could finish this bill the Senator from West Virginia would affect everybody’s schedule, is to ad- quickly tonight. The decision has been agree to a 2-hour unanimous consent to dress this. If we can go through the re- made not to do that. We will be happy finish this bill, VA–HUD, on Friday—on mainder of the unanimous consent re- to come back Friday and cooperate Friday—so we can answer your ques- quest, then try to address it. with the majority. We could not agree tion. If we can do that, we will be able I just want to restate I would love to to a time, but I think as to how we to do exactly what you want to accom- finish this bill, the appropriations bill worked before, if we go to that bill Fri- plish, to finish that bill, and it allows on VA–HUD, and I would love to be day, within a very reasonable period of me to keep a commitment to a packed able to work it out if we can on Friday. time we could finish it on Friday. But Chamber right now where we can de- The PRESIDENT pro tempore. Is as far as a specific time agreement is bate the issues that people are here to there objection to the request? concerned, it would be very difficult to debate. And then, within 48 hours, we The regular order is to report the do that. But I stand ready and willing have accomplished my objective and nomination at this time. The clerk—— to come back to this bill on Friday and your objective. Two hours, we will do it Mr. BYRD. No. I reserved the right to finish it on Friday; that is, VA–HUD. It Friday, as soon as we finish the cloture object. May I have another minute? I is too bad we could not do it tonight. votes? am not participating in this whatever In direct response to the majority Mr. BYRD. Will the Senator yield for you call it—marathon, talkathon, leader, we would not be in a position to me to respond? blame-athon, or whatever it is. That is grant a time on Priscilla Owen. We Mr. FRIST. Yes, sir. not of my interest right now. I am in- have already voted on this matter on Mr. BYRD. Mr. President, I have long terested in the appropriations bill. It at least two or three separate occa- admired the distinguished Senator can be passed in 2 hours or less. As far sions, as I recall. So in response to the from Tennessee. as I am concerned, we could pass it distinguished majority leader’s re- [Disturbance in the Galleries.] now, just have a rollcall vote on it, the quest, we would not agree to a time Mr. FRIST. Thank you, sir. VA–HUD, but that would depend upon agreement on Priscilla Owen of any du- Mr. BYRD. I do not say that face- the two managers. ration. tiously. I am not going to impose on the time CLOTURE MOTION The PRESIDENT pro tempore. The of the Senate and the majority leader, Mr. FRIST. Given the objection, I Gallery will be warned, no response but I ask the majority leader, would he send a cloture motion to the desk. from the Gallery is permitted in the please put the request in some form to The PRESIDENT pro tempore. The Senate. finish this bill within the next hour, cloture motion having been presented Mr. BYRD. Some people are serious have a vote up or down within the next under rule XXII, the Chair directs the when they say things. But I have ad- hour? clerk to read the motion. mired the Senator as a great physician. Mr. FRIST. Responding, once again The assistant legislative clerk read He speaks of his long service to vet- through the Chair, I will not be making as follows:

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.114 S12PT1 S14532 CONGRESSIONAL RECORD — SENATE November 12, 2003 CLOTURE MOTION move to bring to a close debate on Executive counted against anybody; is that the We the undersigned Senators, in accord- Calendar No. 169, the nomination of Carolyn way it is? ance with the provisions of rule XXII of the B. Kuhl, of California, to be United States The PRESIDENT pro tempore. The Standing Rules of the Senate, do hereby Circuit Judge for the Ninth Circuit. time to object or reserving the right to move to bring to a close debate on Executive Bill Frist, Orrin Hatch, Lindsey Graham, Mike Crapo, Jeff Sessions, Conrad object has been charged to the side Calendar No. 86, the nomination of Priscilla making such a reservation. Richman Owen, of Texas, to be United States Burns, Larry E. Craig, Saxby Circuit Judge for the Fifth Circuit: Chambliss, Mitch McConnell, Jim Mr. FRIST. Mr. President, I suggest Bill Frist, Orrin Hatch, Lindsey Graham, Bunning, Judd Gregg, John Cornyn, the general agreement is to spend an Mike Crapo, Jeff Sessions, Conrad Jon Kyl, Trent Lott, Mike DeWine, hour, 30 minutes to a side, and if they Burns, Larry E. Craig, Saxby Craig Thomas, Kay Bailey Hutchison. are not using the time, it will be yield- Chambliss, Mitch McConnell, Jim NOMINATION OF JANICE R. BROWN, OF CALI- ed back to the other side. I ask unani- Bunning, Judd Gregg, John Cornyn, FORNIA, TO BE UNITED STATES CIRCUIT JUDGE mous consent that I use 15 minutes, 15 Jon Kyl, Trent Lott, Mike DeWine, FOR THE DISTRICT OF COLUMBIA CIRCUIT minutes for Senator HATCH, and we go Craig Thomas, Kay Bailey Hutchison. Mr. FRIST. Mr. President, I ask to the other side. NOMINATION OF CAROLYN B. KUHL TO BE UNITED unanimous consent that the Senate Mr. REID. And we would have an STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT now proceed to the consideration of hour? Mr. FRIST. Mr. President, I ask Calendar No. 455, the nomination of Mr. FRIST. You would have 30 min- unanimous consent that the Senate Janice R. Brown, of California, to be a utes. now proceed to the consideration of United States Circuit Judge for the Mr. REID. I say to the distinguished Calendar No. 169, the nomination of District of Columbia Circuit. majority leader, we have had no time Carolyn B. Kuhl, to be a United States The PRESIDENT pro tempore. With- agreement the first hour other than Circuit Judge for the Ninth Circuit. out objection, it is so ordered. The listening to me object. The PRESIDENT pro tempore. The clerk will report. The PRESIDENT pro tempore. Re- nomination will be stated. The assistant legislative clerk read serving the right to object and state- The assistant legislative clerk read the nomination of Janice R. Brown, of ments made under such objection or the nomination of Carolyn B. Kuhl, of California, to be United States Circuit reservation has been charged against California, to be United States Circuit Judge for the District of Columbia Cir- the side making that reservation. Judge for the Ninth Circuit. cuit. Mr. REID. I understand. So the Chair Mr. FRIST. Mr. President, again I Mr. FRIST. Mr. President, once has ruled that the statement by Sen- ask the other side if they would be pre- again, I ask if we would be able to limit ator BYRD ran against us; is that true? pared to set a time certain for an up- the time for debate on this nominee to The PRESIDENT pro tempore. That or-down vote on this nominee after 8 hours or 10 hours. is correct. whatever debate they may need. Mr. REID. We object, Mr. President. Mr. REID. So the next half hour will The PRESIDENT pro tempore. The The PRESIDENT pro tempore. Objec- be used by Senators FRIST and HATCH, Senator from Nevada. tion is heard. and then we will use our half hour. Mr. REID. Mr. President, in an effort CLOTURE MOTION Mr. FRIST. Again, I think it is time to understand what is going on here, Mr. FRIST. With that answer, Mr. for us to move forward. Conceptually, everyone should understand, these re- President, I send a cloture motion to we are going to have an hour, 30 min- quests require a simple majority vote, the desk. utes either side. Say I used 15 min- and it would be senseless to take a vote The PRESIDENT pro tempore. The utes—it may be more—Senator HATCH on this. That is why we did not object. cloture motion having been presented will speak about 15 minutes, and 30 I would say with this nominee, Caro- under rule XXII, the Chair directs the minutes will be to your side, and we lyn Kuhl, we have reviewed this in very clerk to read the motion. will be going back and forth. deep detail and would not be in agree- The assistant legislative clerk read Mr. REID. Fine. My only concern is ment at this time to set any time limit as follows: we have had Senators we have sched- on the debate. I ask the distinguished CLOTURE MOTION uled to speak to use our half hour. majority leader to advise us when we We the undersigned Senators, in accord- Some of them have been champing at finish this woman and the following ance with the provisions of Rule XXII of the the bit here. If they don’t speak now, nominee, if you would be good enough Standing Rules of the Senate, do hereby they lose their time, their day in the to tell us when you anticipate voting. move to bring to a close debate on Executive sun. We are waiving the request for the re- Calendar No. 455, the nomination of Janice Mr. FRIST. I thought I had a pretty quirement of a quorum. So if the ma- R. Brown, of California, to be United States good 20-minute speech. I was ready to jority leader can give us some indica- Circuit Judge for the District of Columbia start, but because of questions directed Circuit. tion when he desires to vote on this, to me, again, about scheduling—we get whether it is 12:01 on Friday morning Bill Frist, Orrin Hatch, Lindsey Graham, Mike Crapo, Jeff Sessions, Conrad things well set and then because of or later in the day. Burns, Larry E. Craig, Saxby questions—if we can just start now and Mr. FRIST. Mr. President, in re- Chambliss, Mitch McConnell, Jim do as I requested, have 15 minutes and sponse, we plan on voting Friday morn- Bunning, Judd Gregg, John Cornyn, you take 30 minutes, we will be able to ing at a reasonable hour to be defined. Jon Kyl, Trent Lott, Mike DeWine, get started. That means sometime after 8:30 Friday Craig Thomas, Kay Bailey Hutchison. Mr. REID. I am wondering, I ask if morning. I will be more specific. Mr. FRIST. Mr. President, I now ask we could use the next 15 minutes so my Mr. REID. I appreciate that very unanimous consent that the three live people who have been here, Senators much. I object. quorums required under rule XXII be waiting could take the time. I would The PRESIDENT pro tempore. Objec- waived en bloc. divide whatever by 3 until the time tion is heard. The PRESIDENT pro tempore. With- until 7 o’clock. CLOTURE MOTION out objection, it is so ordered. Mr. FRIST. Would you please repeat Mr. FRIST. I send a cloture motion Mr. FRIST. Mr. President, par- that? to the desk. liamentary inquiry: In terms of the Mr. REID. Then we can start fresh at The PRESIDENT pro tempore. The time we used on our side, how much 7 o’clock with you and Senator HATCH cloture motion having been presented time, in terms of my initial speech, giving us your statements, and we will under rule XXII, the Chair directs the was used by this side? take the next half hour. clerk to read the motion. The PRESIDENT pro tempore. The Mr. FRIST. Mr. President, you mean The assistant legislative clerk read majority has 4 minutes 47 seconds. The I have Senator HATCH speak? as follows: minority has 11 minutes 22 seconds. Mr. REID. We would take approxi- CLOTURE MOTION Mr. REID. If I can make an inquiry mately 4 minutes each until 7. We the undersigned Senators, in accord- through the Chair, Mr. President, the Mr. FRIST. No, Mr. President, Sen- ance with the provisions of rule XXII of the unanimous consent request, as I have ator HATCH is going to follow me, and Standing Rules of the Senate, do hereby heard the ruling of the Chair, is not then we will go into going back and

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forth. Senator HATCH has also been try have we had four stopped. That is Mr. REID. Mr. President, I yield 21⁄2 waiting 30 minutes. If it hadn’t been only part of it. minutes to the Senator from New for these questions, we would have I can name at least 15 that I have had York, Mr. SCHUMER; 21⁄2 minutes to the been done 15 or 20 minutes ago. various Democrats tell me they are Senator from California, Mrs. FEIN- Mr. REID. I say through the Chair, I going to filibuster. Most of them are STEIN; and 21⁄2 minutes to the Senator am trying to be peaceful and calm circuit court of appeals nominees for from Wisconsin, Mr. FEINGOLD; in that here. The Chair ruled we have 4 min- the very important circuit courts in order. utes left. this country, people who have the ABA The PRESIDENT pro tempore. The Mr. FRIST. Would the Chair clarify imprimatur, people such as Miguel Senator from New York. how much time we have available on Estrada; Priscilla Owen, who broke Mr. SCHUMER. Mr. President, they either side? through the glass ceiling for women; say one picture says a thousand words; The PRESIDENT pro tempore. The Bill Pryor—even though he is conserv- one sign will equal 30 hours of palaver. majority has 4 minutes 37 seconds. The ative, he has always upheld the law The bottom line is very simple, we minority has 10 minutes 47 seconds. even when he disagreed with the law; have supported and confirmed 168 Mr. HATCH. I ask unanimous consent Charles Pickering, unanimously con- judges whom President Bush has sent that immediately after the half hour firmed to the district court in 1990 and us. We have blocked 4. taken by the Democrats, I be given an treated like dirt in the Senate—a ra- All the rhetoric, all the splitting of additional 11 minutes. I will take 4 cial reconciling. Yet he has been treat- hairs, all the talking about angels on right now. ed just like dirt. Carolyn Kuhl—we are the head of a pin don’t equal that. This Mr. SCHUMER. I could not hear the going to have her first cloture vote on debate will boomerang on my col- Senator from Utah. Friday because they are going to fili- leagues from the other side of the aisle Mr. REID. The Senator from Utah buster. Janice Brown—they are filibus- because all the American people have said we would go until 7 o’clock and tering her; Claude Allen, I am told they to do is look at that sign and they say: then they would do the next half hour; are going to filibuster Claude Allen. Gee, you’re right. is that right? Is that what you said? How about Terrence Boyle of the The bottom line is the President, the The PRESIDENT pro tempore. Is Fourth Circuit? It looks as if they are majority leader, and the chairman of there objection? going to filibuster him. James Deavers the Judiciary Committee will not be Mr. HATCH. No, I said I would take is being held up. Bob Conrad is being content unless every single judge the the 4 minutes now and then take the 11 held up. President nominates is rubberstamped minutes after you had half an hour. Four Circuit Court of Appeals judges by this body. That is what they want. How is that? for the Sixth Circuit out of Michigan We all know it. We have been very Mr. REID. Out of their time, that is are being held up by our colleagues on careful and very judicious in whom we absolutely fine. the other side; two district court nomi- have opposed. The PRESIDENT pro tempore. The nees, and I could name some others. People who are getting life appoint- Senator is recognized for 4 minutes. The fact is, for the first time in his- ments should not be extremists, should Mr. HATCH. Mr. President, I think it tory, they are treating a President of not be out of the mainstream, should is appropriate to have the chairman of the United States in a ridiculous, un- not be asked to roll back 30 or 60 years the Judiciary Committee who has had constitutional fashion and not allowing of jurisprudence, and the four we have to go through all this rigmarole to say him to have an up-or-down vote on his blocked fall in that category. a few words before we get into this de- nominees. If they can defeat these The bottom line is very simple: If bate. I know the distinguished major- nominees, that is their right, but they you want agreement, then read the ity leader wanted me to do so. should not be dragging their feet and Constitution and tell the President, in To be honest with you, Mr. President, making it very difficult for these nomi- all due respect, to read the Constitu- just think about it. All we want to do nees to come up. tion. It says advise and consent. Advise is what the Senate has always done. I heard some of the comments about means consult. We get no consultation. Once a nominee comes to the calendar, how important the appropriations Consent means the Senate does its own that nominee deserves a vote up or process is. It is important, but I can independent review. That is what we down under the advise and consent tell you we have had foot dragging al- have done. clause which is clearly a majority vote. most all year by our colleagues on the So I understand why early on this Never in the history of this Congress other side, and it is important, but sign vexed my colleagues from the have we had what has been happening there is nothing more important than other side. The bottom line is simple: over the last number of years caused making sure that our courts are well We have been reasonable; we have been by the Democrats on the other side. staffed with competent judges who are careful; we have been moderate; we We should be voting on judges to- going to enforce the law for the benefit have been judicious. The other side and night, not debating judges. Frankly, of the American citizens. the President simply say my way or there is a vocal minority of Senators There is nothing more important the highway. That will not stand. preventing us from doing our constitu- than that. Frankly, it is the one legacy The PRESIDENT pro tempore. The tional duty to vote on judicial nomi- that any President can leave. When Senator’s time has expired. The Sen- nees. The American people need to Bill Clinton was President, we helped ator from California is recognized 21⁄2 know this, and although some of these him put through 377 judges, the second minutes. folks have been moaning and groaning all-time record. I might add Ronald Mrs. FEINSTEIN. I thank the Chair. on the other side that we are taking Reagan was the all-time record holder Mr. President, I have served as a this time, I suggest to them that there at 382, 5 more than President Clinton. member of the Judiciary Committee is hardly anything more important in a President Reagan had 6 years of a Re- since I came to the Senate. I take the President’s life, whoever that Presi- publican Senate to help him and Presi- job very seriously. I try to do my dent may be, than getting his or her ju- dent Clinton had only 2 years of a homework in looking at these judges. I dicial nominations through. Democratic Senate, and he was treated very deeply believe that this election Frankly, it is extremely important abundantly fair. provided no mandate to skew the because this involves one-third of the There were 47 holdovers at the end. courts to the right. I deeply believe coequal branches of Government. We Contrast that to when Democrats con- that judges should be in the main- found a continual filibuster on a num- trolled the committee and Bush 1 was stream of American legal thinking, ber of these nominees. President. There were 54 holdovers. that they should have the tempera- Let me say this. Democrats seem to Mr. President, this is really wrong ment and the wisdom and the intellect be very fond of saying: We passed 168 what they are doing. It has the poten- to represent us well on the highest and we only filibustered 4. The fact is, tial of exploding this body. Frankly, we courts of our land. that raw number of 168 we have had to can’t allow it to continue. It is time for What I wanted to use my time for— fight pretty hard to get as well. But we the American people to understand and the 21⁄2 minutes will not be enough have. Never in the history of this coun- this. I understand my time is up. to do it—is to indicate that during the

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.120 S12PT1 S14534 CONGRESSIONAL RECORD — SENATE November 12, 2003 time I have been on the Judiciary Com- I yield the floor. to our country, to democracy, to the mittee how I have seen the rules and The PRESIDENT pro tempore. Under rule of law: separation of powers. All the procedures of the committee the previous order, the next hour is are at stake in this ongoing debate. change. Those changes have not been equally divided between the two par- Among the constitutional Framers’ good. They have served to divide the ties, 30 minutes to each side. Who conceptual breakthroughs was that the committee more. They begin with yields time? The Senator from Utah. judicial branch would receive equal changing the American Bar Associa- Mr. HATCH. As I understand it, I status to that of the executive and leg- tion’s 50-year tradition of rating the have 11 minutes left; is that correct? islative branches. An independent judi- qualifications of potential nominees The PRESIDENT pro tempore. The ciary is the thread that binds the coun- before the President nominates them, Senator has a half hour. try together and ensures law and order. to after the President nominates them. Mr. HATCH. Mr. President, we should It is important. It is indispensable to I would like to say why I think that is be voting on judges tonight. Instead we the survival of a civilized society. are debating judges tonight because a important. If it had not been for the restraining There have been changes made in the vocal minority of Senators is preventing us from doing our constitu- force of an independent judicial so-called blue slip policy so that con- branch, either the executive or the leg- cerns Senators from a nominee’s home tional duty to vote on judicial nominees. islative branches would have usurped State are no longer given any consider- incredible power and destroyed the ation whatsoever. There has been a re- The American people need to know that. That is why we are here. If you checks and balances that are at the interpretation of a longstanding com- very foundation of our constitutional mittee rule, rule 4, prohibiting the ma- stop and think about this sudden new set of arguments or at least arguments form of government. So we all have a jority from prematurely cutting off de- stake in this debate tonight, and it is bate over a nominee in committee. they have used for a long time, the Democratic leadership has been block- my hope that our opponents across the There has been the elimination of the aisle will act to restore the constitu- tradition of holding a hearing on only ing all kinds of passage of bills that are America’s priorities for the whole year. tionally required up-or-down vote for one controversial nominee for appel- judicial nominees. Ultimately, through late vacancies at one time. There have Now they are complaining because the ballot box, the people in my home been changes to committee prac- we want to let the American people State of Utah and across America will tice—— know how bad they have been about The PRESIDENT pro tempore. The Federal judges, which, after all, is one decide who nominates and who con- Senator’s time has expired. of the most important things we do firms judges. Mrs. FEINSTEIN. I hope in the next around here. Just think about it. The Let me repeat that our Nation’s hour perhaps I might have more time. long overdue fiscal year 2003 appropria- founding document requires that every I yield the floor. tions bills were finally enacted on Feb- judicial nominee who reaches the Sen- The PRESIDENT pro tempore. The ruary 20, 2003. For the first time in his- ate floor receive an up-or-down vote. It Senator from Wisconsin. tory, there were filibusters to defeat is a simple, clear, and fair fact that lies Mr. FEINGOLD. Mr. President, I the President’s circuit court nominees, at the heart of this debate. Once they think we ought to be spending 30 hours now up to six who are actually filibus- hit the floor, they have always gotten on the manufacturing crisis in our tered, and at least another nine whom, a vote. country. Since January 31, we have I have been told, they will filibuster. Every one of President Clinton’s lost 2.5 million manufacturing jobs and The sign they have is an absolute out- judges who hit the floor got a vote up over 70,000 of them are from Wisconsin right falsehood. or down, and only 1 out of 377 was de- alone. We needed legal reforms to stop law- feated. But a minority of the Senate is These jobs are more than numbers on suit abuse against doctors, businesses, rigging the system by engaging in an a page. They are all too real. The thou- and industries that have been virtually unfair set of unprecedented filibusters sands of Wisconsin residents who have banned by the tactics of the minority. which are the culmination of an out- petitioned their Government know this Medical liability, class action reform, right assault on the independence of firsthand. gun liability, and asbestos reform: they the Federal judiciary. In their letters to me—and, Mr. have all been subject to delays or fili- When our colleagues across the aisle President, I have with me over 2,000 buster by the minority. controlled the Senate, we saw nomi- letters that were sent recently to my Similar delays led to a record num- nees with the full support of their home by manufacturers, not labor ber of days spent on the budget resolu- home State Senators denied hearings union members but manufacturers tion and the near record number of and votes for months and months. We from the State of Wisconsin that are rollcall votes on amendments, many of saw nominees stalled by demands for desperate about this problem. Thou- which were virtually identical. The dis- unpublished opinions and volumes of sands of people from all around Wis- tinguished Senator from Alaska under- written questions. We saw this become consin, from places such as Sparta and stands that as chairman of the Appro- more and more serious since the begin- Trempeleau and West Bend and priations Committee. ning of this year. Muskego, write that the first and fore- The most innovative waste of time We have continued to see ideology most reason behind these lost jobs is came on the Energy bill. After spend- used to threaten the independence of our trade policy. ing 22 days on the Energy bill last our Federal judiciary by essentially re- These letters say: Our elected offi- year, we spent 18 days on the Energy quiring nominees to announce their cials say workers will benefit from this bill this year, only to pass the same views on issues that may come before free trade policy and the free trade version of the Energy bill that passed them as Federal judges, something agreements that come with it, but the the Senate last year. opposite has occurred. Our trade deficit Bioshield legislation necessary to en- that has not happened in the past. But is increasing at a pace of $1.5 billion sure proper vaccines in medicine to that is what they are requiring of per day. That is how many more prod- counter bioterrorism attacks has still President Bush’s nominees, at least ucts we are importing than we are not cleared. some of them. making. As you can see, these trade The State Department reauthoriza- They treated Miguel Estrada like agreements are not working to the ben- tion has been stalled by Democrats in- dirt, while they allowed John Roberts efit of U.S. workers. sisting upon unrelated poison pill to go through. Roberts was also in the These letters go on to talk about how amendments be voted on prior to pas- Solicitor General’s office. They did not manufacturing in America is dying a sage. I could go on and on. ask for the highly privileged confiden- slow death. That is a much higher pri- The fact is, there has been a steady tial matters for Roberts, but they did ority than spending 30 hours talking slowdown, steady slow walk around for Miguel Estrada. about four judicial nominations, and here, ever since we became the major- By the way, most all of these people we should respond to the desperate sit- ity. have high ratings from their gold uation that the American people are Now, the issues we are highlighting standard, the American Bar Associa- facing with manufacturing job loss. tonight could not be more fundamental tion.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.122 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14535 We have seen for the first time in No. It all comes down to abortion. We As Chief Justice Rehnquist has recognized: American history true filibusters of ju- can go further. We can go further than The Senate is surely under no obligation to dicial nominees which are preventing just these nominees. I have mentioned confirm any particular nominee, but after the Senate from exercising its con- a whole raft of others. I could name at the necessary time for inquiry it should vote stitutional right and duty of advice least 15 colleagues on the other side him up or vote him down. An up-or-down vote, that is all we ask. and consent. This is harmful to the Na- who have indicated they are going to tion, it is harmful to the judiciary, and filibuster. Now that is abominable. All That was their philosophy when they it is certainly harmful to our institu- four of those nominees have been wait- had the Presidency and they had the tion. It is harmful to the President. It ing years, and in some cases many Senate Judiciary Committee and were is harmful to these people who are will- years, for confirmation. All of them the leaders in the Senate. ing to put their names up and to do have been denied up-or-down votes. On this point, I agree with Senator this. On Friday, the Senate will consider DASCHLE. All we ask for is an up-or- Article II of the Constitution of the the nomination of two more out- down vote. If they want to vote against United States invests in the President standing jurists, and let me just put up these people, that is their right, but alone the power to nominate judges. this second chart. Carolyn Kuhl served they need to have an up-or-down vote. There is no room for interpretation. in the Reagan administration. She was Why are they afraid of allowing simple The words are explicit. Yet we have only 28 years old at the time and they up-or-down votes in the cases of these seen efforts to usurp the President’s have tried to act like she had all kinds excellent nominees? Well, because we constitutional authority not by con- of authority to do things with which think—I think—there is more than stitutional amendment but through they disagree. She has virtually unani- adequate evidence that on a bipartisan various proposals on how nominations mous support from her fellow judges in set of votes these nominees would be should be made and demands on who California, many of whom are Demo- confirmed by the Senate. If not, let the should be nominated that exceed any crats, who say she will make a terrific chips fall where they may. But these reasonable interpretation of consulta- addition to the Ninth Circuit Court of nominees deserve a vote. Vote them up tion. Appeals. or vote them down, but just vote. We have also seen the filibusters of Take Janice Rogers Brown, this Afri- I yield the floor. judicial nominees that brought us here can American woman who was the The PRESIDENT pro tempore. The tonight and prevent us from exercising daughter of sharecroppers. She put her- Senator from Kentucky. our constitutional obligation of an up- self through college and law school as a Mr. MCCONNELL. Mr. President, my or-down vote. single mother—just think about that— Democratic colleagues try to justify This assault on the judiciary is not and yet she is being treated in a very their unprecedented filibusters of without victims. There is no question improper fashion. President Bush’s nominees by arguing that it is harmful to the Federal judici- I might add that nearly 100 of her fel- that they want mainstream judges and ary. More than half of its existing va- low judges on the Los Angeles County that President Bush’s nominees do not cancies are considered judicial emer- Superior Court are in support of Caro- fit that criteria. Mainstream judges—I gencies. So it is harmful to the Presi- lyn Kuhl. She is a terrific nominee, but am a little puzzled by that assertion. I dent. He is not being treated fairly they suspect that she is probably pro- would think, for example, that Pris- compared to all Presidents before him. life. I do not know what she is. I do not cilla Owen is in the mainstream. She And it is harmful to the Senate, whose know what Janice Rogers Brown is. was rated unanimously well qualified constitutional roles are turned on their They may be right on that, but so by the ABA. She was endorsed by the heads. It is perhaps most harmful to what? past 16 Texas Bar Association presi- the individual lives of the nominees I think if a person is otherwise quali- dents, both Democrats and Repub- who have been denied a simple up-or- fied, no single issue should stop them licans. She has been twice elected to down vote, which they have always from being able to serve their country statewide judicial office in Texas, one gotten before when they have been on the Federal bench, and if we had of the States where they elect judges, brought to the floor on the Executive taken the attitude they are taking, my and the last time, interestingly Calendar. gosh, President Clinton would have got enough, she got 84 percent of the vote— Now let me talk about some of these very few judges. Instead he got 377, the unanimously well qualified by the nominees because I think it is impor- second all-time record for confirma- ABA; supported by 16 presidents of the tant to remember that they are very tions. State bar of Texas, Democrats and Re- real people who want to get on with DC Circuit Court nominee Janice publicans, and gets 84 percent of the their very real lives instead of hanging Brown has spent nearly a quarter cen- vote. Sounds like mainstream to me. in the limbo of what has become the tury in public service, including nearly Senate’s confirmation stall. a decade as a judge in the California Yet Democrats filibustered her nomi- Let me turn to this particular pic- State courts. This daughter of a share- nation because of her interpretation of ture. Former DC Circuit nominee cropper became the first African Amer- a Texas law saying minor girls could Miguel Estrada, who is an American ican woman to sit on the California Su- not have an abortion without their par- success story, unanimously gets the preme Court in 1996. Why are they ents being notified—not consent but highest rating from the American Bar against her? Because they know she is merely notified. Association, the Democrats’ gold conservative, and they want just one After all, school nurses need a par- standard. He was stopped for over 2 way of thinking among African Ameri- ent’s consent to dispense an aspirin to years—actually 3 years. Priscilla Owen cans. She does not qualify because she a child. Should not a parent be entitled broke through the glass ceiling for happens to be conservative. No matter to a simple notification when their women and made it so women could be- that she won 76 percent of the vote in child seeks an abortion? Over 80 per- come partners in major law firms, one the last election, more than any other cent of Americans think they should. of the most brilliant people in our soci- nominee for the California Supreme That is a very mainstream notion. ety. She was an excellent witness, but Court, and wrote most of the majority So I was astonished that Democrats they just do not want her. opinions in the last year. would say she was not ‘‘in the main- William Pryor, of course, in my opin- On Friday, we will have the oppor- stream,’’ and, frankly, I think the ion, the outside groups tried to smear tunity to give these two nominees the American public would be astonished Pryor, and they did so with regard to up-or-down vote they deserve, but it is by such a conclusion that a person so his strongly held personal beliefs on apparent the minority whip has said ruling would not be in the mainstream. abortion. they are going to filibuster them. But ‘‘mainstream,’’ of course, is a rel- I might add that Charles Pickering, I am proud to say in my 27 years in ative term. who I mentioned before, was passed by the Senate, some of my Democratic To help the American people under- this body unanimously in 1990. Yet all colleagues expressed similar views stand the Democrats’ view, we should of a sudden in the next 13 years he is when a different President was in the look at some of the Clinton judges my unworthy to be on the circuit court of White House. For example, the distin- Democratic colleagues have supported. appeals? guished minority leader stated: Upon doing so, it should be pretty clear

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.125 S12PT1 S14536 CONGRESSIONAL RECORD — SENATE November 12, 2003 that the Democrats’ view of main- In an editorial entitled ‘‘Right An- create from prison via FedEx.’’ The stream is colored by the fact that they swer, Wrong Branch,’’ the Post noted Ninth Circuit, en banc, reversed this are sitting on the far left bank. that the fifth amendment specifically decision, but only barely. And it did so Clinton class of 1994, Judge Shira contemplates capital punishment three against the wishes of Clinton ap- Scheindlin, a get-out-of-jail-free card separate times. The Post noted: pointees Tashima, Hawkins, Paez and for terrorist sympathizers. In the days [T]he Supreme Court has been clear that it Berzon, who dissented from the en banc after 9/11, Federal agents did their job regards the death penalty as constitutional. ruling. by detaining a material witness to the . . . The High Court has, in fact, rejected far If anyone wants to read more about 9/11 attacks, a Jordanian named Osama stronger arguments against capital punish- this case, I’d recommend George Will’s Awadallah. Osama knew two of the 9/11 ment. . . . Individual district judges may not piece entitled, ‘‘Inmates and Proud hijackers and met with one at least 40 like this jurisprudence, but it is not their Parents.’’ If there ever was a circuit in place to find ways around it. The arguments times. His name was found in the car Judge Rakoff makes should, rather, be em- need of some moderation, balance, and parked at the Dulles Airport by one of braced and acted upon in the legislative ideological diversity, it is the Ninth the hijackers of American Airlines arena. The death penalty must be abolished, Circuit. It is made up of 17 Democrat Flight 77, and photos of his better but not because judges beat a false confes- appointees, but only 10 Republican ap- known name’s sake, Osama bin Laden, sion out of the Fifth Amendment. pointees. were found in Osama Awadallah’s Another editorial, this one from the It is the Nation’s largest circuit, cov- apartment. Wall Street Journal entitled ‘‘Run for ering nine states and 51 million people. Under the law, a material witness Office, Judge,’’ said as follows: It is also reversed far and away more may be detained if he or she has rel- It hardly advances th[e] highly-charged de- than any other circuit. Indeed, it is re- evant information and is a flight risk. bate [on capital punishment] to have a Fed- versed so often—from 1996–2000, the Su- The Justice Department thought eral judge allude to Members of Congress preme court reversed it 77 out of 90 Osama met both of those tests. While who support capital punishment as mur- times—it is known as a ‘‘rogue’’ cir- detained, he was indicted for perjury. derers. If Judge Rakoff wants to vote against cuit. This has forced its representa- But Judge Shira Scheindlin, a 1994 the death penalty, he ought to resign from tives to introduce legislation to allow Clinton nominee, dismissed the perjury the bench and run for Congress or the state their States to secede from the Ninth charges and released this man on the legislature, where the Founders thought Circuit. such debates belonged. street. Her reason? She ruled that the But my Democrat colleagues prob- convening of a Federal grand jury in- Judge Rakoff’s ruling would prevent ably won’t give Ninth Circuit nominee vestigating a crime was not a criminal the application of the death penalty Carolyn Kuhl the simple dignity of an proceeding, and therefore it was uncon- against mass murderers like Timothy up or down vote. Evidently she is not stitutional to detain this Mr. McVeigh or Osama bin Laden. I guess as ‘‘mainstream’’ as all these Democrat Awadallah. Judge Rakoff is the kind of main- judges. This was quite a surprise to Federal stream judge the Democrats would like If these Democrat judges represent prosecutors who, for decades, had used to see on the bench. the ‘‘mainstream,’’ then quite frankly, the material witness law in the context There have also been some inter- I am glad the Democrats think that of grand jury proceedings for everyone esting rulings from the Ninth Circuit, Priscilla Owen, Carolyn Kuhl, and from mobsters to mass murderer Tim- finding the right to long distance Janis Rogers Brown aren’t in it. Unlike othy McVeigh. So much for following procreation for prisoners. My friends these Democrat judges, I am confident well-settled law. on the other side believe very strongly these women will follow precedent and If anyone wants to read a good arti- in a living and breathing constitution. act with commonsense. cle about this case, I recommend the They also believe that the rule of law The Senate should, as it did with Wall Street Journal editorial from last should not be confined to the mere Judge Paez, Judge Berzon, and other year entitled ‘‘Osama’s Favorite words of the document and the Fram- controversial Democrat nominees, give Judge.’’ It notes that thanks to Judge ers’ intent. To them, those are anach- these women the simple dignity of an Scheindlin, this fellow is out on bail. ronistic concepts. I was truly sur- up or down vote. We wonder how he is spending his time. prised, however, to read what a panel I yield the floor. Just last Friday, the Second Circuit of the Ninth Circuit had tried to breath The PRESIDENT pro tempore. The reversed Judge Scheindlin. The appel- into the Constitution. Senator from Nevada. late court seemed quite puzzled that Three-time felon William Geber is Mr. REID. Thank you very much, Mr. she would release this man given his serving a life sentence for, among other President. obvious connection to terrorists. The things, making terroristic threats. Un- I talked quite a bit on Monday about Second Circuit held that his detention happy with how prison life was inter- this matter dealing with jobs. We as a material witness was a scrupulous fering with his social life, Mr. Gerber should be talking about jobs. We and constitutional use of the Federal alleged he had a constitutional right to should be talking about unemploy- material witness statute. procreate via artificial insemination. ment, not four people who have jobs. It is too bad Judge Scheindlin did not A California district court rejected What I am talking about, what we act in a similarly scrupulous fashion. Mr. Gerber’s claim. A split-decision of are talking about on this side is abso- Nevertheless, to Democrats she is prob- the Ninth circuit, though, reversed. In- lutely valid. One needs only to go to ably ‘‘in the mainstream.’’ famous Carter-appointee Stephen the Web site of the majority leader, Let us take a look at the Clinton Rhinehardt joined President Johnson’s Senator FRIST, prior to his pulling class of 1995, Judge Jed Rakoff. One of appointee, Myron Bright, to conclude from his Web site the information to Judge Scheindlin’s colleagues, a 1995 that yes, the farmers had indeed in- the following question: Should the Clinton nominee, has ruled that the tended for ‘‘the right to procreate to President’s nominees to the Federal Federal death penalty is unconstitu- survive incarceration.’’ bench be allowed an up-or-down vote tional in all instances. In his dissent, Judge Barry Silver- on confirmation as specified in the Now, some of my colleagues may man—a Clinton appointee who was rec- Constitution? Sixty percent, no. share this position, but their views dif- ommended by Senator KYL—wrote that Even the majority leader’s Web site fer from the majority of Americans. ‘‘This is a seminal case in more ways in indicates that what is going on here is When Judge Rakoff acts on his per- one’’ because ‘‘the majority simply absolutely wrong. The majority of the sonal views, it is a very clear failure to does not accept the fact that there are people who responded, almost 10,000 follow Supreme Court precedent. In- certain downsides to being confined in people, said this is the wrong approach. deed, Judge Rakoff’s rulings so bra- prison.’’ One of them is ‘‘the inter- This is from the majority leader’s own zenly violated precedent that even the ference with a normal family life.’’ Web site. Washington Post, which is against the Judge Silverman noted that while I also say that this has been referred death penalty as a policy matter, came the Constitution protects against to as a carnival—I don’t know if that is out against his decision as gross judi- forced sterilization, that hardly estab- an exact term. But as an indication cial activism. lishes ‘‘a constitutional right to pro- that it is circus-like, one need only get

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.127 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14537 an e-mail that was sent to various Sen- the people—about 10,000 responded be- nated by Clinton, June 17, 1999. The ators on the majority side saying: fore it was pulled from the Web site— nomination was returned December 15, It is important to double your efforts to say that the procedure being sought 2000. She waited 547 days without get- get your boss to S–230 on time. Fox News here is wrong. ting a hearing or a vote in the Judici- channel is really excited about the mara- I also say it is very clear this is a ary Committee. She is currently the thon. Britt Hume at 6 would love to open the carnival-type atmosphere as indicated dean of Harvard Law School. door to all our 51 Senators walking on to the by the e-mail setting up the various Lynette Norton, nominated for the floor. The producer wants to know, will we District Court for the Western District walk in exactly at 6:02 when the show starts presentations to satisfy Fox News. so we can get it live to open Britt Hume’s Finally, the Federalist Society, coin- of Pennsylvania. Nominated by Presi- show? Or, if not, can we give them an exact cidentally, is the typeset for this mat- dent Clinton on April 28, 1998, in the time for the walk-in start? ter. 105th Congress. Her nomination, which Mr. President, we have said this I yield 12 minutes to the Senator was submitted to the 105th and 106th should be about jobs, about unemploy- from California, Mrs. FEINSTEIN. Congresses, was returned both times ment. Even Senator FRIST’s people who The PRESIDENT pro tempore. The without a hearing. She waited 961 days respond to him on his Web site say yes. Senator from California is recognized without a hearing or a vote in the Ju- Is it a circus? Absolutely. You can see for 12 minutes. diciary Committee. Again, a successful from this it is a circus. Mrs. FEINSTEIN. Mr. President, filibuster by one or two Senators, in se- Mr. DURBIN. Will the Senator yield? what I was trying to do was essentially cret. Mr. REID. I am happy to yield. trace changes in committee procedure Barry Goode, nominated for the Mr. DURBIN. Is it possible for us to with the difficulties the Judiciary Ninth Circuit. Goode was nominated by get an update during the course of the Committee seems to be countenancing President Clinton on June 24, 1998. evening on what Fox News is going to in present days. A good deal of it has to After 3 years of inaction, President be looking for during this marathon? do with blue slip policy because it was Bush withdrew his nomination, on This opening about the march into the the second tradition to fall by the way- March 19, 2001. Mr. Goode waited 998 Chamber clearly was priority for the side when President Bush took office. days without ever getting either a ‘‘fair and balanced’’ network. Will we Under the Clinton administration, hearing or a vote in the Judiciary Com- get updates from time to time how Fox nominees were often blocked not only mittee. A filibuster of one or two, in News would like to orchestrate the rest by home State Senators but by any secret—no hearing, no opportunity to of this? single Republican Senator. At the very read a transcript, no opportunity to go Mr. REID. I say to my friend, perhaps least throughout the years preceding back and read writings, speeches, or so. If not, maybe we could check with the Bush administration, a home State look into a nominee’s background. Just the Federalist Society, which, coinci- Senator’s objection to a nominee would because of one or two Senators, a hear- dentally, is starting their convention effectively stop that nominee from ing is denied; the filibuster is com- tomorrow. moving forward. plete. The PRESIDENT pro tempore. The Let me show a copy of a blue slip H. Alston Johnson, nominated for the Senator is warned to speak through the used during the Clinton administra- Fifth Circuit, a Louisiana slot. Presi- Chair and not risk the probability of tion, starting in January of 1999, and dent Clinton nominated Johnson on being interrupted and losing the floor. sent to each home State Senator. The April 22, 1999. His nomination was re- Mr. REID. Mr. President, I don’t un- document itself specifically states that turned December 15, 2000. He waited al- derstand. I was speaking through the no proceedings on this nominee will be most 697 days without getting a hear- Chair, answering the Senator’s ques- scheduled until both blue slips have ing or a vote in the Judiciary Com- tion. been returned by the nominee’s home mittee. This goes on and on and on. The PRESIDENT pro tempore. The State Senators. Now, the nominees before us today Senator from North Dakota must ad- That policy was followed without fail had hearings. There was debate. There dress the Chair and ask for permission. and without question. Even before 1999, was a markup. There was a debate. Mr. DURBIN. There is no Senator during the Clinton Presidency, the blue There was a vote. We did read their from North Dakota. slip said ‘‘unless a reply is received Mr. REID. I respond through the background. And based on knowledge, from you within a week from this date, Chair to the distinguished Senator the minority of this body made a deci- it will be assumed that you have no ob- from Illinois. sion that we do not wish to proceed to jection to this nomination.’’ The PRESIDENT pro tempore. It pro- affirm them. We have over 40 votes to But still, if there was an objection tects the Senator’s right to the floor. do so. This is not the vote of one per- from a home State Senator, that nomi- Mr. REID. I say to my friend that the son in secret preventing a hearing from nee simply did not move, did not get a Federalist Society, as we know, is not taking place. Now that is as much a fil- hearing, did not get a vote, did not get mainstream dealing with judicial ibuster as this is. issues, but extreme, and indicate that confirmed. It was, in fact, a filibuster You are looking at me strangely, Mr. may be the case. One of the lead speak- of one. President? Today, there is a new blue slip pol- ers, of course, is Mr. Bork. To even The PRESIDING OFFICER (Mr. TAL- icy, one in which the objections of one compound the political nature of the ENT). There is no reason for that. I am operation, Attorney General William or even both of the home State Sen- just inquiring of the Parliamentarian Pryor of Alabama is speaking there. ators is no longer dispositive. That is about the time remaining. For everyone within the sound of my part of the problem. This keeps chang- Mrs. FEINSTEIN. And I don’t want voice, it sounds to me rather unusual ing, dependent on who is President. to use the time because I know Senator that someone who has the nomination This latest policy puts Democrats on DURBIN—how much time do we have re- and is trying to get confirmed to be a the committee and in the Senate in a maining? member of a very high Federal court— difficult position. The PRESIDING OFFICER. The mi- I cannot imagine it would be appro- In the past, if a home State Senator nority has 18 minutes, of which 51⁄2 priate for that person to appear at an objected to a nominee, that nominee minutes, approximately, still remain organization that is not in the main- did not proceed; there would be no for the Senator from California. stream, but extreme. committee vote and no filibuster on Mrs. FEINSTEIN. Thank you. So what we have here, even by Sen- the floor. Fifty-five Clinton nominees So my point is that much of what has ator FRIST’s standards, looking at his did not receive a hearing. This well been happening in the Judiciary Com- Web site, we have the facts as I have could have been a filibuster of one. The mittee has been to make it more indicated previously. blue slip is secret; nobody knows. confrontational. The blue slips are an Mr. SESSIONS. Will the Senator Let me name some of the Clinton excellent case in point. Changing when yield? nominees who were filibustered by one the American Bar Association ratings Mr. REID. Not right now. I will not. or two members of the Judiciary Com- are known is a good point. We have here from Senator FRIST’s mittee. Elena Kagen, nominated to the I remember during the Clinton ad- own Web site the fact that 60 percent of District of Columbia Circuit, nomi- ministration when the ratings were

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.129 S12PT1 S14538 CONGRESSIONAL RECORD — SENATE November 12, 2003 done earlier and I had to call a nomi- President Bush became frustrated that America might tune in to follow, such nee and tell them that because they Maryland’s two Democratic Senators as the unemployment in this country, had been out of the practice of law for would not sign off on the nominees he and what we are doing about it, we are a period of time, they were deemed un- wanted for that position. So he decided here debating a situation where 4 qualified by the American Bar Associa- to simply go where he could find more judges have been held out of 172 sub- tion and the President was not going to friendly company—Virginia’s two Re- mitted by President Bush. move their nomination. So without publican Senators. I would think, frankly, we ought to embarrassment to the individual, that This stark determination to simply spend a little time really addressing nomination was withdrawn. fill the bench with conservative jurists the problem of unemployment in this Today, you do not get the American at all costs is what gives the minority country. This President has witnessed, Bar Association’s qualified or partially in the Senate pause when considering in his administration, a loss of more qualified or unqualified rating until whether to simply approve every Bush than 3 million private-sector jobs. That after the nominee is on the Hill. judge who comes our way or make a is a record. Unless something changes Now there are those who do not think stand on some. We have chosen to dramatically, this President will be the the American Bar Association’s evalua- make a stand on some. There are other first President since Herbert Hoover to tion is worth anything. There are those attempts to ignore the minority. There have lost jobs during the course of his on the committee who believe it is. So are little things as well, things that administration. Over 3 million Ameri- there is a difference in point of view. add up over time to give the clear im- cans unemployed. Sadly, we have 9 mil- But at least have the qualification or pression that the majority does not lion unemployed across the country nonqualification done early enough so care about the needs or the will of the today and their unemployment benefits that it can save the individual humilia- minority. That simply serves to create, are running out. tion and also play a major role. increasingly, a bunker mentality UNANIMOUS CONSENT REQUEST—S. 1853 Let me talk for a minute about rule among Democrats in today’s Senate. In the interest of at least trying to IV because I think rule IV again di- For instance, earlier this session, the do something constructive and legisla- vided our committee in a way that it Judiciary Committee scheduled a hear- tive this evening, rather than just ex- did not have to be. Rule IV has been a ing with three very controversial cir- changing our comments back and Senate tradition. It is a rule. It is a cuit court nominees on a single panel forth, I am about to make a unanimous hard and fast rule. It prevents closing for an appellate court. consent request that the Senate pro- off debate on a nominee unless at least The PRESIDING OFFICER. The ceed to legislative session, and the Fi- one member of the minority agrees to Chair needs to inform the Senator from nance Committee be discharged from do so. Twice this rule has been reinter- California she has used her 12 minutes. further consideration of S. 1853, a bill preted, really violated, and votes have Mrs. FEINSTEIN. May I finish my to extend unemployment insurance been forced on nominees well before de- statement? benefits for displaced workers, that the bate has ended. The committee’s rule Mr. REID. I yield the Senator 2 more Senate proceed to its immediate con- in question contains the following lan- minutes. sideration, and that this bill be read a Mrs. FEINSTEIN. The point is, these guage: third time and passed, and the motion were all controversial nominees. A con- The chairman shall entertain a nondebat- to reconsider be laid upon the table. able motion to bring a matter before the troversial nominee’s hearing can run 8 The PRESIDING OFFICER. Is there committee to a vote. If there is objection to hours. If you schedule three, you trun- objection? bringing the matter to a vote without fur- cate the hearing for each, and you do Mr. SESSIONS. I object. ther debate, a rollcall of the committee shall not allow the minority to do their due The PRESIDING OFFICER. Objec- be taken and debate shall be terminated if diligence in terms of their homework. tion is heard. the motion to bring the matter to a vote I thank the Chair and I yield the Mr. DURBIN. I am not surprised be- without further debate passes with 10 votes floor. cause what we are about tonight is not in the affirmative, 1 of which must be cast The PRESIDING OFFICER. The Sen- the issues families care about. We are by the minority. ator from Nevada. about a political script. Senator REID That enables the minority to delay a Mr. REID. Mr. President, I yield the of Nevada read to us this all-points bul- matter. It is in the rules of the com- remainder of our time to the distin- letin that was sent out to the Senators mittee to give it more time. This rule guished Senator from Illinois, Mr. DUR- saying: Be sure and get over here ex- is not being followed. BIN. actly at 6 o’clock. It said: The Fox This is one of the only protections The PRESIDING OFFICER. The Sen- News channel is really excited about the minority party has in the Judici- ator from Illinois is recognized, and he this marathon. Britt Hume at 6 would ary Committee. Without it, there has 11 minutes 45 seconds. love to open with all of our 51 Senators might never be debate at all. A chair- Mr. DURBIN. Thank you, Mr. Presi- walking on to the floor. The producer man could convene a markup, demand dent, and I thank the minority whip. wants to know, will we walk in exactly a vote, and the entire process would First, for those who are following at 6:02 when the show starts so they take 2 minutes. This is not how a delib- this debate, if it can be characterized can get it live to open Britt Hume’s erative body should function. More im- as such, you should understand we had show, or, if not, can we give them an portantly, it is contrary to our rules. an opportunity to finish the appropria- exact time for the walk-in? That is one of the reasons we are where tions bill for the Veterans’ Administra- That is what this is about: It is about we are today. tion, a $62 billion bill to fund veterans theater. The theater we are witnessing This rule was first instituted in 1979 hospitals, clinics, and health care tonight is one where, frankly, the cur- when Senator KENNEDY was chairman across the United States. We tried. tain should come down. We ought to of the Judiciary Committee. It has Senator BYRD of West Virginia came start talking about things people real- been followed to the letter until very to the floor and said: Can we postpone ly care about across America. I can tell recently. what we are doing tonight here to fin- you, it is not about 4 judges out of 172. This is a nation of laws. We expect ish this important appropriations bill We have approved for this President 168 these laws to be obeyed even if they are so we can go to conference and get of his nominees. I think it is a new just Judiciary Committee rules. ready to adjourn this session in a time- record. I do not think any President in Let me give another situation, and ly fashion? Sadly, the Republican side that brief a period of time has had 168 that is ignoring traditional State va- objected to finishing the appropria- nominees approved. Lest you believe cancies. There is also a willingness by tions bill for the Veterans’ Administra- the Democrats dragged their feet, we this administration to simply change tion. It is their belief what we are approved 100 of these judges during the the playing field if they do not like a doing now took precedence, is more im- 17 months PAT LEAHY was chairman of result. Fourth Circuit nominee Claude portant. It will be up to the voters and the Senate Judiciary Committee. The Allen is one such instance. He is from the public to make a judgment as to remaining 68 came through under Re- Virginia. He has been nominated for a whether they were right. publican Chairman HATCH. I think position that has traditionally been I would also say that instead of ad- there has been a concerted and con- filled from Maryland. Why? Because dressing some issues families across scientious effort to give the President

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.132 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14539 his nominees. Then, of course, there I lost 3 nominees. Did I rally my the mainstream, and that is not what were 4 who were not approved—168 to 4. Democratic colleagues: ‘‘Let’s all get America is looking for. So 98 percent of this President’s nomi- together and hold our breath and turn President Clinton knew if he sent up nees have been approved. By any rea- blue for 30 hours because I have lost 3 a real liberal, someone who, frankly, sonable standard, this President is nominees’’? No. Maybe I could have. had the credentials of the left, he did doing very well. Most people would Maybe I should have. But I did not. I not stand a chance before Senator agree, except for the 51 Senators on the understood it. I thought it was fun- ORRIN HATCH’s Judiciary Committee. other side of the aisle. They believe un- damentally unfair, and I still do. We would strive to find people with ex- less the President gets every nominee, What we have done to these four traordinary legal credentials, people this is a miscarriage of justice. nominees is not unfair. Each and every who really have made a difference in Sadly, though, they are ignoring the single one of them has had a hearing. terms of their practice of law and what obvious. The obvious is the Constitu- Each and every one of them has been they have done; and they, too, suffered tion of the United States gives this able to come to the committee and before that same committee. Senate the authority to say yes or no, present their credentials. That never This President has no qualms. The to advise and consent. Article II, sec- happened to 63 nominees offered by people he sends to us, whether it is tion 2: Advice and consent of the Sen- President Clinton. Miguel Estrada or whether it is Wil- ate. Some of these Republican Senators This President has a pretty good bat- liam Pryor or Priscilla Owen, each and would like to see this phrase go away ting average when it comes to the Sen- every one of them have come back— and make their argument at least a lit- ate: 98 percent of his nominees have Charles Pickering—with credentials tle plausible, but it is a fact. We have gotten through. But for the 2 percent, that just do not pass the middle-of-the- the authority under the Constitution we are meeting this evening. road test. we swear to uphold to make these deci- I might add here, if you take a look Why are we doing this for 30 hours? sions; and we have made them. at the issues at hand, the Senator from Let’s lay it on the line. This memo Of course, not only is the Constitu- Nevada raised an interesting one. Al- from Fox News tells you why we are tion on our side, but the rules of the most without fail, the majority of the here. We are here to grind raw meat for Senate are on our side. It reminds me 168 nominees were all members of this the Republican rightwing, so television in law school, they told you early in a Federalist Society. It sounds like a se- networks like the fair and balanced trial advocacy course—and this a cli- cret handshake society. It is something Fox News network can rail on for days che, I know—they used to say: If you else. I am not sure exactly what it is. and weeks about this 30-hour tribute to have the law on your side in your trial, I will tell you why I am not sure. the Republican point of view, so the beat on the law. If you have the facts I do know this. If you are an aspiring radio talk show hosts, who blather on on your side, beat on the facts. But if law student who one day wants to be a every single day from the right, will you do not have the law or the facts on Republican nominee for a judgeship, have much more to talk about. And in- your side, beat on the table. That is my recommendation to you is to join stead of dealing with real issues, pay- what is happening in this 30-hour mar- the Federalist Society today and do ing for the Veterans’ Administration, athon. Our Republican colleagues are not miss a meeting because, frankly, so we can get that done, and meet our beating on the table. The law is not on that is a requirement if you are going obligations, taking care of the unem- their side. to make it into the ranks of judges in ployed across America, so they can The Constitution says we have the the future. feed their families and avoid bank- authority to say no. We have said no 4 What is it about this society? I don’t ruptcy, we do not have time for that. times out of 172 opportunities. It is know. But if you scratch the DNA of Our time has to be focused and dedi- constitutional to do so. Are the facts all these Republican nominees, you are cated to this debate. on our side? Are we being unfair to going to find that Federalist Society I will say to my colleagues in the stop 4 judges, approving 168 and stop- chromosome. It is in every one of Senate, I think my friends on the Re- ping 4? I do not think so. them. Time and again, I have said to publican side will have to agree with Frankly, if you look at the record of these nominees: What is the Federalist this: Though they do not like the out- the Republicans in control of this same Society? What does it mean to you? come of the four judges we have talked committee with a Democratic Presi- Some people say it is a rather extreme about here, we have given the nomi- dent, you will find some 63 nominees organization that views the law and nees, even when Senator LEAHY was were never given the decency of a hear- the Constitution in a manner that chairman, ample opportunity to ex- ing. They never had a chance to even most Americans do not. But when I ask plain who they are and what they stand appear and introduce themselves to the these nominees—I can remember a Pro- for. I think what we have asked for is committee. The decision was made by fessor Viet Dinh of Georgetown Law reasonable. the Republican leadership, with a School where I went to school many What we ask of every judicial nomi- Democratic President, not to even let years ago. I said: You belong to the nee, from a Democrat or Republican them in the building. Federalist Society. Why? He said: Be- President, is really basic. They have to I have been through this. Three of cause I get a free lunch in Chinatown be people who are honest, of high integ- my nominees that happened to. Do you once a month. rity. They have to understand the law. know what it consisted of? If any one Well, I think it is more than that. If They should be people who do not come Republican Senator objected to any you go to their Web site and ask the to this job with an ax to grind. That is nominee, end of story. They effectively Federalist Society what they believe, not too much to ask. Four have failed had a filibuster by one Senator. They what they put on their Web site is they that test; 168 have been approved. stopped these nominees in their tracks. talk about how we have lost control of The PRESIDING OFFICER. The time I can recall going to Senator John the law and the liberals are taking of the minority has expired. Ashcroft, our Attorney General, with over—all the stuff you expect. Then The Senator from Alabama. one extraordinarily talented nominee, when you ask each of these nominees: Mr. SESSIONS. Mr. President, how and pleading with him, after the man Well, do you agree with that? ‘‘Oh, much time is left in the first section had waited for a year for a hearing, no,’’—with one exception: Mr. Pryor. for the majority? pleading with him to at least meet the William Pryor of Alabama says, yes, he The PRESIDING OFFICER. Five man. Let him come before the com- does agree with it. If you got to know minutes 45 seconds. mittee. No way. The answer was no. Mr. Pryor, you would understand he is Mr. SESSIONS. Mr. President, in re- End of story. End of nomination. rather unabashed in his political be- sponse to a number of things that have That was the treatment accorded to liefs. been said, first of all, I want to correct three judges from my State during the The fact of the matter is, the nomi- Senator DURBIN. I think he misspoke short period of time when I was here nees we are receiving from the White when he said the Senate has said no to and President Clinton was President, House are not mainstream nominees. these nominees. What the Senate has as the Republicans ruled the Senate Sadly, of the 168 we have approved, said no to is an up-or-down vote. They Judiciary Committee. many could be challenged as outside have denied these nominees a vote. In

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.134 S12PT1 S14540 CONGRESSIONAL RECORD — SENATE November 12, 2003 each case, these nominees have proven buster? Senator HATCH and others business, but there are many days they have a majority of the Senators in would say: We do not filibuster judges. when the Senate has tarried. For exam- this body ready and willing to confirm This is why you do not filibuster ple, on Monday, the day before yester- them, if they are given the up-and- judges. We never filibustered judges. In day, when there had been a long- down vote. The systematic use of the fact, one nominee I felt strongly about, standing expectation that the Senate filibuster that is occurring now has whom I voted against, I voted for clo- would not be in session because Vet- never before occurred in the history of ture to bring that nominee up for a erans Day is traditionally not a day in this Senate. vote to overcome a hold that was on session, but we came back specially to As to the Constitution, I will just the nominee. try to finish our work by the projected point out article II, section 2, quoted My colleagues complain about the date of November 21, unexpectedly we by the Senator—this is what it says— Federalist Society. They say they are were greeted with a 10-hour filibuster the President ‘‘shall have Power, by extreme. They take no extreme posi- by Senator REID on the other side of and with the Advice and Consent of the tions whatsoever. They are a society the aisle. He has a right to do that—he Senate, to make Treaties, provided that believes in the rule of law and is a Senator—under our rules. two-thirds of the Senators present con- they discuss those issues in free and It doesn’t lie in the mouth of some- cur; and he shall nominate, and by and open debate. But they have moved for- body to say we are spending time with the Advice and Consent of the ward here such as Marsha Berzon and where we could have been working very Senate, shall appoint Ambassadors Ruth Bader Ginsburg on the Supreme hard on the appropriations process. I [and] judges. . . .’’ Court. do hope we finish that process. I have Historically, this body has felt that ACLU members, American Civil Lib- been an appropriator for my 23 years in constitutional language meant treaties erties Union members—do you want to the Senate, and we should move to required a supermajority, two-thirds know what their stated positions are complete that work as promptly as vote, and judges would be confirmed by on a lot of issues? They oppose stead- possible. a majority vote, and that is what we fastly the death penalty. They openly But the subject matter tonight is the have done. support partial-birth abortion. They confirmation process, and it is a very I would just like to ask—I was going are consistently hostile to law enforce- serious subject. When President to ask Senator REID early, the distin- ment. They oppose pornography laws, Reagan was in office, during the first 6 guished assistant Democratic leader— all pornography laws, in fact, even years where the Republican Party con- name one position taken by the Fed- child pornography laws. They favor le- trolled the Senate, President Reagan eralist Society that is extreme. He will galization of drugs. secured confirmation of 82 percent of not be able to give you one of those, We have confirmed a lot of ACLU his district and circuit court nominees. and neither would Senator DURBIN. members, as the Senator knows. They In 1987 and 1988, when the Democrats This is a society of people who meet have stated positions that are contrary were in control, that percentage and discuss ideas. For example, they to the mainstream of American dropped from 82 percent to slightly have had, in recent weeks, Senator thought—no doubt whatsoever. above 63 percent. When President SCHUMER’s chief counsel speaking to Somebody such as Attorney General George H.W. Bush was in office, all 4 the Federalist Society, as has Cass Bill Pryor, who has a record of fol- years had the Senate in the control of Sunstein, Marcia Greenberger, Lau- lowing the law to the letter, whether the Democrats. The Senate confirmed rence Tribe—three of the architects of he agrees with it or not, is castigated slightly more than 62 percent of Presi- the Democratic strategy for changing because he makes a talk to the Fed- dent Bush’s nominees, and 54 percent of the ground rules of nominating judges. eralist Society. It is suggested that is his nominees to both circuit and dis- This is really odd for me. I know Sen- an extreme thing for him to do and it trict courts were still pending in the ator DURBIN said he has some legisla- is not correct. Senate when his term ended. tion he would like to offer. Maybe he Mr. President, I yield back the time. President Clinton had about the should have offered it Monday when The PRESIDING OFFICER. The Sen- same experience. In 1993 and 1994, there the assistant majority leader was talk- ator from Alabama has 15 seconds. was an average of 79 percent of his dis- ing 10 hours down here about rabbits Mr. SESSIONS. I yield the floor. trict and circuit court nominees con- and cactus in Nevada and his book. The PRESIDING OFFICER. The Sen- firmed when his party controlled the That was all very interesting, but why ator from Pennsylvania is recognized. Senate. For President Clinton’s re- weren’t we doing any work then? I did Mr. SPECTER. Mr. President, par- maining 6 years, the percentage not hear any complaints then when we liamentary inquiry: Are we now start- dropped to 541⁄2 percent. So that the were not passing legislation. That ing 30 minutes of time on this side of business of having the President of one would have been an outstanding oppor- the aisle? party stymied or reduced in effective- tunity, I submit, to move forward. The PRESIDING OFFICER. That is ness on confirmation when the Senate Let me just say one thing about correct. is controlled by the other party has where we are on nominations. Presi- Mr. SPECTER. I thank the Chair. been really an apportionment of blame dent Clinton had 377 judges confirmed. Tonight the Senate is engaging in a pretty much equally between Demo- One judge was voted down on an up-or- proceeding to call the attention of the crats and Republicans during the down vote on this floor, a majority American people to a very serious mat- course of the Reagan, first Bush, and voted no—only one. When he left office, ter which exists on the confirmation of Clinton administrations. there were 41 judges pending and Federal judges. It is not a matter The matter has come to a substantial unconfirmed—only 41. President Clin- which occurs just when there has been decline, when, for the first time in the ton personally withdrew the nomina- a Republican President, but it has oc- history of the Republic, some 216 years, tions of 18. That is how they get 60. curred also when there has been a there has been a filibuster of circuit When former President Bush left of- President of the Democratic party, court nominees. fice, under Democrat control of the when the Republicans controlled the I think it is important to note that Senate, as Republicans were under Senate. It has gone back at least to we are not seeking tonight to break a Clinton, he had 54 nominees left 1987, during the second 2 years of Presi- filibuster. That would occur when we unconfirmed. The record of the Repub- dent Reagan’s administration. would seek to have those who were ob- lican Senate under President Clinton When the Senator from Illinois calls jecting to the judges continue to talk was superior under any standard of this theater, he may be right, but it is and talk until they ran out of energy confirmations to that of the Demo- factual theater, and it is worth the or effort and stopped talking so that crats. time of the Senate for the American we could come to a vote. That was I believe we need to remember those people to focus on this important issue. what happened in the filibusters on numbers. We need to remember the Re- It is now a little after 8 o’clock East- civil rights legislation in the 1960s. publicans rejected consistently the use ern standard time. Frequently, the The last time there was a filibuster of the filibuster. It was discussed by Senate Chamber is dark at this time. It in the Senate was 1987 when the subject people. They said: Why don’t we fili- is true we could be conducting other was campaign finance reform. Senator

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.137 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14541 BYRD was the leader of the Democrats. Three years ago, I proposed a judicial One additional thought. Senator Senator DOLE, the leader of the Repub- protocol to establish a timetable that SANTORUM and I use in Pennsylvania a licans, called all of us into the cloak- 60 days after the President submitted a judicial nominating panel under an ar- room behind us in the Senate Chamber nomination to the Judiciary Com- rangement where the President has at about 2 o’clock one morning and mittee, there had to be a hearing; 30 three nominees and the Democrats said: I would like all Republican Sen- days thereafter, there had to be action have one nominee. During the 24-year ators to stay off the floor. The reason by the Judiciary Committee on the period from the time President Nixon Senator DOLE asked everyone to stay nomination; 30 days later, the matter was elected until the time President off the floor was to compel the party in had to be brought to the floor of the Reagan was elected, Republicans con- power, the Democrats, to maintain a Senate. Those times could be extended trolled the White House for 20 of those quorum of 51 Senators because if there on cause shown by the chairman of the 24 years. It seemed to me it was an are not 51 Senators present, then any committee with notice to the ranking undue balance of judicial nominees Senator may suggest the absence of a member or by the majority leader with without having the Democrats with quorum, and the Senate conducts no notice to the minority leader. But any nominees in the district courts, so further business. those time parameters should be estab- an arrangement was made when Sen- When Republican Senators, including lished. ator Heinz and I were the Senators, ARLEN SPECTER, absented ourselves If there were to be a strictly party- carried on by Senator SANTORUM and from the floor at Senator DOLE’s re- line vote in the Judiciary Committee, myself, to allow the party out of quest, Senator BYRD, the leader of the then that matter ought to be advanced power, the Democrats, to have one Democrats, countered with a motion to to the Senate floor even without hav- nominee out of three for the Presi- arrest absent Senators. Sergeant at ing the customary majority vote to dent—one for the party out of power. Arms Henry Giugni was then armed bring it to the floor. That has had a very salutary effect in One of the grave problems which may with warrants of arrest and started to bringing a little bipartisanship into the confront the Senate is what is going to patrol the halls, and the first Senator process. happen next when there is a Supreme he found was Senator Lowell Weicker. I do not suggest that for the Supreme Court vacancy. The filibusters con- Sergeant at Arms Henry Giugni was Court. I do not press it for the court of ducted up until the present time con- a little fellow, about 5 foot 6 inches, 150 appeals. But I think it is an idea worth stitute an effort to elevate the con- pounds. Senator Weicker was a big considering for the U.S. district courts. firmation process which under the Sen- guy—still is—about 6 foot 4 inches, 240 In conclusion—the two most popular ate rules calls for 51 votes, or a major- pounds. This was at about 3:30 in the words of any speech—it is my hope ity, to 60 votes which it takes to end a morning. Sergeant at Arms Giugni de- that something constructive will come cided not to arrest Senator Weicker. I filibuster. For those who may not know what a out of this marathon. It is my hope think he made a good judgment. Then that there will be some attention at- he started to go around and knock on filibuster is, that is when one party keeps talking and talking and talking tracted to it. When the Senator from Senators’ doors. Illinois characterizes this as theater, I Senator Packwood foolishly an- endlessly. But that may be brought to don’t think that is especially deroga- swered his door. Senator Packwood was a close under the rules of the Senate tory because it is fact theater. The then carried feet first into the Senate with 60 Senators voting to cut off de- Chamber. This is a true story. You bate. That then leaves 100 more hours American people would be well advised don’t get many out of Washington, but to debate, plenty of time even after to watch this theater than some of that this is a true story. That incident at- cloture, even after debate is ended or which is on the national networks to- tracted a great deal of attention. limited, before the matter comes to a night. This is real. Those sitcoms go on CSPAN became the channel of choice vote. and on and are repetitious. More im- instead of Jay Leno. It does not require a Nostradamus to portant than the factual theater is that In having this proceeding, it is more predict or to understand that the cur- we are on a vital issue. accurately called a marathon than a rent approach on imposing an ideolog- I hope the Senators hear from the filibuster because it is not a filibuster. ical test is a precursor for the Supreme American people. I hope the American Republicans are doing most of the talk- Court of the United States. When the people tell us what they would like to ing. We seek to attract the attention of Senate is constituted as it is at the have done: Whether you would like to the American people to what is going present time, it is easy to project that have this kind of projected stalemate on in the judicial system. we will find a Supreme Court nominee, where nominees wait endlessly and We have at the present time judicial who does not satisfy the standards of where it takes 60 votes, a super- emergencies in four of the circuit the other party, subjected to a fili- majority, to cut off debate and bring it courts of appeals in the United States: buster and to have a vacancy on the to a vote, or whether you would like us the Fourth Circuit, the Fifth Circuit, Court. What we are moving toward is to follow the constitutional mandate of the Sixth Circuit, and the Ninth Cir- deadlock. 51 votes in confirmation so that these cuit. When these judicial emergencies Right now, there still remains an judges may be confirmed, may take occur, people are denied their day in aura of some civility in this Chamber, their places to see that justice is done court, cases languish, the matters are notwithstanding our disagreements on in an equitable way within a reason- not decided, and the fact of life is that the tactics that one side or the other able time period. justice delayed is justice denied. may use in the Senate. We know that I thank the Chair and yield the floor. Without burdening the record un- the next vote is the most important The PRESIDING OFFICER. The Sen- duly, it is worth noting that in the vote. Notwithstanding the rancor of ator from Texas is recognized. Sixth Circuit where there is a judicial the arguments, we do understand that Mr. CORNYN. Mr. President, I want emergency, a 50-percent vacancy rate we are here to conduct the business of to focus on a chart that was displayed on that court, a death penalty case has the people of the United States. The ju- earlier by the Senator from New York been pending for more than 8 years. A dicial system is limping along—still in where he proudly displayed the num- plaintiff in a civil case on a job dis- motion but limping along. bers 168 to 4. I think it is important we crimination suit trying to get a job had We face a grave potential problem. If ask the question: what is that chart de- to wait some 15 months before the case the current course of conduct con- signed to prove? came up. That individual died before tinues so that when we have a nominee On one hand, our colleagues on the the case was ever heard. for the Supreme Court of the United other side of the aisle in the Judiciary The ultimate answer, I suggest, is States, we have this deadlock, and then Committee and here in the Chamber that cooler heads are going to have to with so many 5-to-4 decisions by the rail against the President’s judicial prevail, and we are going to have to es- Supreme Court deciding the cutting- nominees, calling them out of the tablish a principle where it applies re- edge questions in our society, we may mainstream and, even worse, mean- gardless of what party controls the look to 4-to-4 decisions, and that spirited, right wing. But if, in fact, our White House or what party controls means no ruling by the Supreme Court colleagues on the other side of the aisle the Senate. of the United States. have voted to confirm 168 of President

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.139 S12PT1 S14542 CONGRESSIONAL RECORD — SENATE November 12, 2003 Bush’s nominees, it refutes that allega- bustered those three civil rights laws 4, 2003, with President Bush, a racist tion because they have to agree that at ought to be congratulated. I think not. caricature of Janice Rogers Brown least 168 of those nominees met their Then when President Lyndon Baines with Justice Clarence Thomas, Colin definition of mainstream. Johnson was in office, 1,931 laws were Powell, Secretary of State, and I would like to associate myself with enacted, 3 civil rights laws were fili- Condoleezza Rice standing there. The the outstanding comments of the Sen- bustered. To this hall of shame, I would caption says: ‘‘Welcome to the Federal ator from Kentucky, the assistant ma- add the 168 to 4, which is nothing to be bench, Ms. Clarence—I mean, Ms. Rog- jority leader, Mr. MCCONNELL. I wonder proud of; it is something to be ashamed ers Brown. You’ll fit right in.’’ what their definition of mainstream of. It is easy to see why this process has truly is. Unfortunately, some people have lost gone downhill and needs a wake-up call The second number of 4 is a number their sense of shame in this process, from all of us, because we need a fresh they want to be congratulated for which has become so degraded and so start. We need to disavow tactics such blocking. I submit that just because destructive. Indeed, I submit that the as this. Those who are opposing Justice you observe a stop sign 168 times and filibusters we have of the President’s Brown and other nominees should not comply with the law, you are not to be nominees are an abuse of the process. be proud of that association any more rewarded for running that stop sign How can they justly claim that a 60- than they claim to be proud of an un- four times. It is still a violation of law, vote requirement to close off debate constitutional filibuster of four of and you are still likely to get a ticket can somehow trump the Constitution? these nominees, including Justice from the police officer. As we have heard before on this floor, Brown, because if, in fact, we do not This is more than just about break- everyone knows, who has studied the get a fresh start, we do not have a ing the law. This is about violating our Constitution, that there are super- clean break with this destructive proc- Constitution, the fundamental law of majority requirements for certain ess, if we do not quit tearing down peo- this Nation. things, and they are stated in the Con- ple who want nothing more than to We know really, rather than 168 to 4, stitution: To ratify a treaty or to pass offer themselves to the American peo- the true number we ought to be focus- a constitutional amendment, the Con- ple by serving in positions of honor, ing on is 0 to 4, and let me explain. stitution is very clear that it requires such as Federal judges, who will an- From 1789 to 2002—that is, for all of a supermajority. Everything else re- swer the call? If they know that an- our Nation’s history up until this quires majority rule. swering the call of public service year—the number of filibusters against Indeed, majority rule is fundamental means that they are going to have judicial nominees of a President was— to the democratic form of government. their reputation destroyed, they are you guessed it—zero. But this year Majority rules: We fight our best fight; going to be besmirched, they are going alone, because of this tactic that our we make our best argument. Then we to be painted into a caricature that colleagues have devised, to deny a bi- have a vote up or down. If we lose, well, bears no resemblance to who they real- partisan majority of this body its right we come back to fight another day. We ly are, who will answer the call? We under the Constitution to vote up or try to persuade others that we were will all be poorer for it. down on a judicial nominee, this num- right and the majority was wrong. I yield the floor. ber is 4. That is what our form of government is The PRESIDING OFFICER. Who So rather than 168 to 4—and as I ex- all about; not denying a majority their seeks recognition? plained, I think that repudiates and right, as stated in the Constitution, to The Senator from Texas is recog- flies in the face of some of their argu- let majority rule. nized. The Chair informs the Senator ments about President Bush’s judicial Believe it or not, that is what is hap- from Texas that there are 2 minutes 20 nominees, and I deny that they are to pening and that is the reason we are seconds remaining on the Republican be congratulated for unconstitution- standing here tonight trying to let the side. ally obstructing only 4. The real num- American people know that a terrible Mrs. HUTCHISON. Mr. President, ber we ought to be focusing on, and I abuse of this process is occurring and just to get an understanding, after that hope the American people are focusing an abuse of the Constitution, indeed a 2 minutes 20 seconds, then it goes to on, is zero to four because never, ever, violation of the Constitution, is occur- the Democratic side for 30 minutes and in the history of this Republic has a ring. It is a disgrace. It is nothing to be then back to the Republican side? Is minority in the Senate denied the right proud of. that the way it is? of the majority the vote up or down on The other thing I would point out in The PRESIDING OFFICER. The Sen- judicial nominees. It is just not right. the few minutes I have remaining, be- ator is correct. It is not fair. It has resulted in a deg- fore I turn the floor over to the senior Mrs. HUTCHISON. Mr. President, in radation and a downward spiral in the Senator from Texas, is this process is the 2 minutes that I have, I say I think judicial confirmation process of which not only abusing the Constitution and the junior Senator from Texas made a no one should be proud. creating a downward spiral in the judi- very important point and that is the I submit that four unconstitutional cial confirmation process that is very importance of the delicate balance of filibusters of these distinguished nomi- destructive of relationships in this in- powers that was put in our Constitu- nees is four filibusters too many. If we stitution, of our ability to get things tion. I think it is important that we do want to look at maybe a little bit of a done, it has made it too partisan, too not say, well, 98 percent of the time we history lesson, as this chart dem- bitter, too angry, and it is destructive. adhere to the Constitution. We need to onstrates, when Franklin Delano Roo- I would also point out that the tac- adhere to the Constitution 100 percent sevelt was President of the United tics that are being used against some of the time. States, 4,473 laws were enacted, 4 civil of these nominees are despicable. Un- The Constitution has always said, rights laws were filibustered—hardly less we stand up and repudiate the tac- from its beginning, that we would have something to be proud of. But I guess if tics of some of those who are opposing a majority required to confirm the ju- our colleagues across the aisle are the fine nominees of President Bush, dicial nominees of the President. Now, proud of their four, the argument such as Janice Rogers Brown, I believe this is by implication, because when would be that the people who filibus- those who have joined cause with them the Constitution meant to have a tered these civil rights laws during in opposing this fine nominee ought to supermajority, it so stated. We have al- FDR’s term ought to be proud of that examine their conscience. I think they ways had a majority, and that is what, number. ought to reconsider their tactics. I by its silence, the advise and consent When President Truman was in of- think they ought to reconsider whom part of the Constitution has required fice, 3,414 laws were passed, 3 civil they associate with, whom they are for judicial nominees, until last year. rights laws were filibustered. Is that joining cause with to tear down some In fact, I think the President is los- something to be proud of? What our of the fine nominees of this President, ing his constitutional right to appoint colleagues across the aisle say, because such as Janice Rogers Brown. Federal judges. I think this whole situ- 3,414 laws were passed and only 3 were This is a cartoon that was posted on ation is going to deter good people filibustered, that these folks who fili- The Black Commentator on September from offering themselves for the bench,

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.142 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14543 and the judiciary must have good peo- be satisfied, I suspect that the far left It is also about tipping the balance of ple if we are going to keep that very will be satisfied, and that the rest of power within the Federal judiciary and strong separation of powers with three the American people will be left setting the stage for a Supreme Court separate but equal branches of Govern- scratching their heads, wondering, vacancy to be filled by someone of even ment. what on Earth are they doing? the most extreme ideological convic- In his first 2 years of office, President I am reminded of nothing quite so tion and views. Bush was able to get 53 percent of his much as some lines from Shakespeare Is that possibly what the Constitu- circuit court judges confirmed. The when he characterized another in- tion had in mind when it established previous three Presidents each had 91 stance as: Great sound and fury that the right of advise and consent in this percent in the first 2 years of their of- signifyeth nothing. Senate? Is that something for which we fice in the very important circuit court That is tonight’s debate: Sterile, should abrogate the right to unlimited judge appointments. empty, barren of results. debate in this Senate, selecting judi- Now, the circuit court, of course, is This debate, unfortunately, is a mi- cial nominees in exclusion to all other the next step below the Supreme Court. crocosm of everything the American topics in this regard? Of course it is So a 53 percent record in the first 2 people have come to not like about not. years is something that I think should both the Congress and Washington, DC, We are ignoring the issues this not be accepted. It is very important something that is all too often all proc- evening that are of most importance to that we try to get votes on these ess and partisanship, with no progress the balance of the American people. judges. on matters of substance and impor- When I go home, I hear great talk The PRESIDING OFFICER. The time tance to the American people. about the economy and job losses. In of the Senator has expired. Too often the American people view the last 3 years, we in the State of In- The Senator from Nevada. Washington as totally self-absorbed, diana have lost approximately one out Mr. REID. Mr. President, I yield 15 indifferent to their real concerns, and of every six of our manufacturing jobs. minutes to the Senator from Indiana ineffectual in accomplishing much of One hundred fifty-nine thousand jobs, and 15 minutes to the Senator from Il- value on the things that do matter in nonfarm jobs, have been lost during linois. their daily lives: Health care, jobs, edu- this period of time. That is what I hear The PRESIDING OFFICER. The Sen- cation for our children and grand- people talking about. Small business ator from Indiana. children. men wonder how they are going to We must stop this cycle of constant UNANIMOUS CONSENT REQUEST—S. 1853 compete in the global economy today. recrimination, a process in which the Large business men and women wonder Mr. BAYH. Mr. President, I ask unan- minority obstructs to gain power and imous consent that the Senate proceed how they are going to make ends meet, then turns around and complains about particularly with the skyrocketing to legislative session and the Finance obstruction once power has been ob- Committee be discharged from further cost of health care. Many people ask tained. It makes us all look bad. how we are going to compete with consideration of S. 1853, a bill to extend If hypocrisy had a monetary value, unemployment insurance benefits for China, India, and other countries that we could easily erase the Federal def- all too often seek to abuse the rules of displaced workers; that the Senate pro- icit because of debates such as the one ceed to its immediate consideration; international trade to seek unfair eco- we are engaged in tonight. nomic advantage. Those are the sub- the bill be read a third time and What is this all about? What are the passed, and the motion to reconsider be jects we should be debating tonight. facts that the American people deserve Those are the topics that are on the laid upon the table. to know? Is it true that judges are Mrs. HUTCHISON. Mr. President, I minds of Hoosiers to whom I talk. Very being obstructed solely because of their rarely am I asked about vacancies in object. partisan affiliation? That obviously The PRESIDING OFFICER. Objec- the Federal judiciary. cannot be the case. One hundred and When I was returning from Indiana tion is heard. sixty-eight of President Bush’s judicial The Senator is recognized. just last evening, one of the security nominees have been confirmed. I as- guards, a gentleman who looked some- Mr. BAYH. Mr. President, this is an sume that all of them, if not almost all unfortunate debate, and I regret that what advanced in his years, called out of them, are good card-carrying Repub- to me as I was going through security, all of us are here this evening. This de- licans or he would not have nominated bate will do nothing to speed the con- saying: Senator, what about the Medi- them. Obviously, there cannot be some care drug benefit? Is something going firmation of judges about which this stonewall to object to Republicans session has been called to consider. It to get passed? being appointed to the Federal judici- I said: I hope so. will do nothing for the economy, for ary. This simply is not the case. He said: Well, it probably will not be health care, for education, to protect Are judges being rejected up to a structured the way it ought to be any- the environment, or to advance the in- point based solely upon ideological way. terests of our Nation’s security. concerns? This also cannot possibly be I said: Well, I hope not. We are going It will, however, at least in small the case. Of these 168 judges who have to go back and see if we cannot ham- part, bring this august body, about been confirmed, I assume that all, if mer out a reasonable compromise. which we care so much, to additional not almost all, are in fact fairly con- I see some of my colleagues, includ- disrepute with the American people, servative jurists, or hold out the pros- ing Senator GRASSLEY, who are labor- making us look ineffectual and irrele- pect of being fairly conservative ju- ing mightily toward that very end, and vant. rists. Otherwise, they would not have I salute him for that. That is what we In some respects, the Senate is being been nominated by this President. should be debating tonight, how to rec- reduced to something close to a farce. So up to a point, it is obvious that oncile our differences on providing It is becoming rapidly not the world’s conservatives are not being denied drug coverage to senior citizens who greatest deliberative body but instead their place upon the Federal judiciary. are asking about it; how to make the world’s greatest Kabuki theater, a This is all about power, the balance of health care available to the American place where speeches are given to power between the executive and legis- people in a way that is accessible and which very few people listen, no minds lative branches and whether the advise affordable. That is what is on the are changed, and votes are then held and consent function should be abol- minds of Hoosiers to whom I talk. That with complete predictability of results. ished whenever the Senate is con- is what we should be debating this The search for principled com- trolled by the party of the President. It evening in this body. promise, which has always been a long is all about the balance of power be- What about our education standards and honorable part, distinguishing this tween the minority and the majority and what about providing our children body from other legislative bodies, has caucuses in this Senate and whether and grandchildren with access to qual- been abandoned in favor of sterile, ide- the right to debate should be limited in ity affordable education? When I think ological warfare, satisfying to only the the case of judicial nominees, unlike about the economy of the future, more most fervent of partisans. After this any other business taken up by this than anything else it is going to re- debate, I suspect that the far right will body. quire advanced levels of education,

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.145 S12PT1 S14544 CONGRESSIONAL RECORD — SENATE November 12, 2003 skill, and know-how. We are going to cent or 36 percent or a bare majority Would it not have been inspiring if prepare my young sons and the rest of feel invested enough in the cause of we came together as Democrats and our children and grandchildren to have shaping their own destiny to take the Republicans on the floor to talk for 30 a better standard of living in a pros- time to participate in our elections? If hours about the future of health care perous economy. It is going to be based we are going to renew our democracy, in America, to speak to it in honest, not upon how strong they are but upon if we are going to lead this country to nonpartisan fashion, to try to address how knowledgeable they are, how well meet the great challenges of our time, some of the most controversial parts of trained they are, how skilled they are. if there is one thing I am absolutely it in a responsible, gentlemanly way? That is going to enable us to build a certain, it is that it will take all of us, That is what we are expected to do. better economy. We are not debating each and every one of us from every That is not what this is about. This is that tonight. ethnic group, racial group, gender, and about alerting FOX News to grind out At no point, in my recollection, have walk of life. their cameras at the entrance of the we set aside 30 hours to debate quality Too many people have become dis- Senate to watch a parade of Senators health care. At no point, in my recol- illusioned. Too many cynical, too come in—Senators who have now dis- lection, have we set aside 30 hours to many skeptical whether this body and appeared. This is about charts being debate the economy or what we are their government can make a dif- made, night and day by Democrats and going to do to create quality jobs. At ference anymore. Events such as this Republicans, to argue their case. no point, in my experience in the Sen- debate tonight do not help. My people living back home in ate, have we set aside 30 hours to talk We need to get back to the business Springfield, IL, and Chicago, IL, I am about what we can do to debate quality at hand, putting before the American sure, turned off CSPAN a long, long education in the way we are setting people an agenda of hope and oppor- time ago, if this is the best we can offer aside these 30 uninterrupted hours in tunity so we can once again reenlist them. Sadly, that is all we are offering the wee hours of the morning. This is a them in the cause of making this the them. We left the Veterans Administration clear example of misplaced priorities. greatest democracy known to man. I hope this Senate will extricate appropriations bill—we could have fin- That, at the end of the day, is what has itself from the morass into which we ished it—for veterans hospitals and the brought us here. I suggest that is the have sunk and begin to rehabilitate millions of veterans across America be- business to which we must once again ourselves in the eyes of our country- cause we did not have time; we had to return. men and women. I hope we can once start this never-ending 30-hour debate. I yield the floor. again begin to address the great issues The PRESIDING OFFICER. The Sen- We cannot entertain a motion made by that are of concern to the American ator from Illinois is recognized. There the Senator from Indiana, a motion I people, that press all around us—what are 16 minutes 54 seconds remaining. made, as well, to try to do something our country can do to be more pros- Mr. DURBIN. I begin by commending about the 9 million unemployed Ameri- perous, more just and more free. Above my colleague from Indiana. That was cans whose benefits are running out. all, I hope that we as Senators can re- an extraordinary speech. I hope that We do not have time for that. We have member why we are here, and that is for a moment Senators on both sides of time for this political debate. not to wage war upon one another but That is unfortunate. It is distressing. the aisle will stop and reflect on what instead to once again renew the strug- I have given 21 years of my adult life to he just said. I think it was a challenge gle against the ancient enemies of public service. I have never regretted a to everyone, as strongly as we feel man: Ignorance, poverty, disease. That moment of it. I walked away from a about what we are debating tonight, is why we are here, not sterile ideolog- law practice and never looked back. the appointment of Federal judges; the ical debates. This is the most exciting and inter- Senator from Indiana is right. The peo- I hope we can learn from this experi- esting thing I can think of to do with ple across America wonder why we are ence so that we will not have to repeat your life, to be involved in public serv- wasting the time of the Senate on it. I hope we can focus on making ice. I encourage everyone, regardless of issues that have no importance or rel- progress, not dividing this body over your political stripe, to get involved. evance to their lives, and because they the country. This aisle that separates You will love the opportunity it gives cannot understand us, they are es- the chairs, Republicans on one side and you to help people. But, frankly, we are tranged from us. They do not feel in- Democrats upon the other, gives us the not seizing that opportunity or we vested in this process, they do not feel opportunity to build bridges of rec- would not be here tonight. We would a responsibility to vote; they, frankly, onciliation and understanding, forging not be here discussing a question about think we spend too much time in par- principled compromise which has al- whether 168 or 172 judges is the right tisan posturing. The 30 hours of this de- ways been the hallmark of this institu- number. tion. We have strayed from this herit- bate are a classic example of that kind Is this the best we can do? I think age for too long. It is a tradition to of partisan posture. That is unfortu- not. I think we can rise to a greater which we must return if we are to once nate. challenge but we have to put aside the again recapture the confidence of the What the Senator hears in Indiana partisanship. American people. and I hear in Illinois and I daresay I readily concede I have struck a few The final thing I will say is that we every Senator hears in their State—I partisan blows and a few have been had an election in Indiana for our may- have been going back to Illinois for 4 thrown my way. That is part of life in ors this last Tuesday, a week ago yes- straight years in the month of August the Senate, I am sure, and life in the terday. Something on the order of 20 trying to tour the State, meeting with big leagues. But at the end of the day percent of the people of my State business and labor leaders and commu- when it is all over, at the end of the turned out to vote for our mayors. nity leaders, to ask what is going on. year or end of the session, each of us When I had the privilege of being elect- For 4 straight years they told me the would like to point back to something ed to this body in 1998, about 36 percent same thing: Senator, can you do any- we did to improve the lives of the peo- of the eligible voters in my State took thing about the cost of health insur- ple we represent. What have we done to the time to go to the polls. That is ance? It is killing us. It is killing my make the schools better? What have we barely one out of three. In the closest small business. It is killing my large done to deal with the economic uncer- Presidential election in the history of business. My family is worried about tainty of middle-income families? our country 2 years ago, decided finally coverage. What are you going to do in What have we done to deal with the by the Supreme Court, barely half of Washington about the cost of health trade laws that are killing us in the the American people felt connected insurance? I have to basically shrug Midwest and across the Nation? enough to their institutions of self-gov- my shoulder and say: I am sorry, that I have been a proponent of free trade. ernance to take even the most elemen- is not on our agenda. We have other It is almost impossible to defend at tary step of citizenship—going to the things we debate in Washington, not this moment in time. We are not en- polls to register their preference. the things you and your family worry forcing our trade agreements. We have What has happened to our democ- about, that keep you up at night. This lost five or six manufacturers in Indi- racy? What has happened when 20 per- is a good example. ana and the same is true in Illinois. We

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.148 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — SENATE S14545 lost 3 million jobs across America. Let me try to synthesize this into filibuster was on. On the four who are Frankly, many of those jobs will never what it is about. It is not about the under contention this evening, the fili- come back. When we read headlines four judges or two more who might be buster has succeeded. The motion for that say there are 120,000 new jobs in added on Friday. It is about the next cloture has not been filed successfully. America, that is good news. But ask appointment to the Supreme Court That is the difference. To say it has the hard question, are the jobs we cre- across the street. That is the real never happened before in our history is ated paying as much as the jobs we story. There are a lot of good reasons to defy the obvious. It certainly has lost? If they were manufacturing jobs, we are here tonight but the real reason happened before. the answer is pretty obvious. The an- is the next Supreme Court vacancy and The point we are trying to make is it swer is no, they are not. We are losing the belief on the Republican side of the is not unreasonable to have 4 nominees more and more good jobs. Instead of fo- aisle that if we can hold fast with our out of 172 questioned, to be found lack- cusing on that as we should, on the approach in stopping people unquali- ing. things that people care about, we are fied, unfit, to serve on a Federal court, Let me close by saying, again I com- spending our time in 30 hours of debate they will have a difficult time passing mend my colleague from Indiana be- over four judges. through a controversial nominee to the cause I think he put it in perspective. The senior Senator from Texas said U.S. Supreme Court. We all know it is true. We could be earlier that the President has a con- I think, in my heart of hearts, that is spending our time doing a lot more im- stitutional right to appoint judges. I why we are here this evening. They are portant things for America and a lot don’t want to correct the Senator from trying to smooth the road, prepare the more important things for the people Texas, but she is wrong. The President way for that Supreme Court nominee we represent than squabbling over four does not have a constitutional right to from this President. judges. appoint judges. The President has a Now, let me give advice to my Mr. REID. Will the Senator yield? constitutional right to nominate friends—and they are not likely to Mr. DURBIN. I am happy to yield. judges. The judges are appointed take it—on the Republican side. There Mr. REID. I ask the Senator, through through the advice and consent of the is a way to avoid all that. Pick a man the Chair, there have been statements Senate. Therein lies the difference in or a woman who is of such impeccable made by the majority, for weeks, our points of view. From the Repub- legal background, great credentials, months, that never ever in the history lican side of the aisle, the President the kind of person with the integrity of the country has there been a fili- has a constitutional right to name the that they will be above this kind of po- buster conducted regarding a Federal judges he wants. End of story. But the litical debate. It can happen and it has judge. Would the Senator again state Constitution says otherwise. And it al- whether or not those statements re- ways has. happened. Even the most powerful and beloved In my State of Illinois, a State with garding filibusters of Federal judges President has to be held accountable to two Senators from opposite political having never been held is true or false? the people of America through the Sen- parties, we have not had one problem Mr. DURBIN. It is false. It is clearly ate, through the House, and that is in filling the Federal judicial vacan- false. Justice Abe Fortas, 1968; Judge why we are here tonight. At one mo- cies. We have done so, Democrat and Stephen Breyer, 1990; Judge Rosemary ment in history when President Roo- Republican, with good men and women Barkett, 1994; Judge Marsha Berzon, sevelt had been reelected with the larg- whom I am certain will serve this 2000; Judge Paez, 2000. And many oth- est majority in the history of the country well. I just gave the green ers. United States, Franklin Roosevelt, he light to a nominee who sits on our cal- The fact is, for those who say there decided he had had his fill with the endar, and I hope we will move quickly, have never been filibusters by nomi- U.S. Supreme Court across the street Mark Philip, who was a clerk to Jus- nees, that is clearly not right. and they were not treating him well tice Antonin Scalia. I am a Democrat, Mr. REID. Another question I ask my and he came up with a scheme to pack approving a former clerk to Justice friend from Illinois, through the Chair, the court, to add more Supreme Court Scalia. I met him and trust him and I what I have heard the Senator state to- Justices because they just were not think he will be a great Federal dis- night is that on numerous occasions— ruling on his laws the way he wanted trict court judge. in fact, the chart that is behind you in- them to. He proposed that to an over- That can happen again. But we have dicates this—that there would be nu- whelmingly Democratic Congress in to move away from those who are ideo- merous occasions going back to at the House and the Senate and ran into logical extremes. We have to move least 1968, there have been filibuster a firestorm of opposition from his own away from those who are lightning after filibuster, and sometimes they party. rods. We have to move to a center path, have tried to invoke cloture on more President Franklin Roosevelt, as which most Americans expect of us. than one occasion; is that true? popular as he was, with the mandate he Sadly, tonight, we are being told this Mr. DURBIN. That is accurate. As brought to office—and I will not reflect Senate should not even ask questions noted here, for Judge Breyer, twice. on this President’s mandate in this dis- of these nominees. That is wrong. We That is a clear example. On some of the cussion, but President FDR’s mandate have a constitutional responsibility, a others, there could have been more was substantial. He felt that he had a responsibility that must be met. than one time, as well. moment in history when he could Some have said, incidentally, that The point I would like to make to my change the Supreme Court. And this ours are the first to ever filibuster friend from Nevada, we also know that Senate, the Democrats in the Senate, nominees. In fact, the Senator from under President Clinton, 63 of his said: No, we have to draw the line; this Pennsylvania said it is the first time in nominees never got a hearing. They executive branch cannot control the ju- the history of the United States any- were never given a chance to come to dicial branch and we will stand in the one has ever filibustered a judicial the floor for this vote because the Re- path of a popular and beloved Presi- nominee. Well, this chart shows that is publican-controlled Senate Judiciary dent. And they did. They stopped him. not correct. Abe Fortas of the Supreme Committee would not even give them a That, to me, was an important mo- Court, subject to cloture motion, fili- hearing. ment in history—when Senators of the buster; Stephen Breyer, First Circuit— Mr. REID. Will the Senator yield for same political party said to a Presi- I am going through the list—Rosemary a question that I ask through the dent, this Constitution created three Barkett, Eleventh Circuit; Lee Chair? branches of Government for good rea- Sarokin, Third Circuit; Marsha Berzon, Mr. DURBIN. I am happy to yield. son. Ninth Circuit; and Richard Paez, Ninth Mr. REID. The Senator from Illinois So tonight we are in a position where Circuit. is a member of the Judiciary Com- many are arguing that this Senate The fact is, there have been judges mittee. Would you explain to the peo- should step back and not assert its con- brought to the Senate floor who have ple watching this—whatever it is— stitutional right to speak to the quali- been filibustered in the past. The fact would you explain to the people how a fications of judges. It will be a sad day is, most of those filibusters failed. The person gets to the Senate floor to be if we allow that to occur. motion for cloture prevailed but the nominated for a judge? How do they

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G12NO6.151 S12PT1 S14546 CONGRESSIONAL RECORD — SENATE November 12, 2003 get here? What is the process? Explain judges never got their chance before ple who have been nominated by Presi- to the people of the country what you the Judiciary Committee to even dent Bush who are now serving in the mean when you say someone never had present their credentials and argue for Federal judiciary who have lifetime ap- a hearing. their nomination. pointments? Mr. DURBIN. It is customary for a I say to the Senator from Nevada, Mr. DURBIN. That is correct. I say to Senator of a State, depending on the that is a sad reality. Frankly, this the Senator from Nevada that there President’s party, to be able to suggest President is being treated far better are some among those 168 about whom to the White House a nominee to fill a than President Clinton. This Senate I have had misgivings. Many of them I vacancy on the Federal district judge Judiciary Committee, under the lead- voted for anyway, understanding this and the Federal circuit court. That ership of Senator PATRICK LEAHY, a is the President’s prerogative to nomi- nominee is then given to the White Democrat, approved 100 of President nate people for the Federal courts. House for approval and investigation, Bush’s nominees, gave them hearings FBI background checks, the normal and moved them forward. Going back to the point I made ear- things. If the White House then clears We tried in a bipartisan fashion to lier, the President does not have a con- that nominee, the name is sent to the meet our constitutional responsibility. stitutional right to appoint Federal Senate Judiciary Committee. A hear- Only 4 times out of 172 have we said no. judges. He has the right to nominate ing is scheduled in the normal course Only four. It is reasonable for us to them. Only with the advice and con- where the person is brought before the stop and ask hard questions of nomi- sent can they be appointed to the Fed- committee. After the committee has nees who are asking for lifetime ap- eral judicial vacancies. Therein lies the done its investigation, questions are pointments to some of the highest real difference in the argument we asked and then the person is brought courts of the land. brought forward this evening. for a vote and eventually finds their Mr. REID. Will the Senator yield? I yield the floor. way to the floor. The PRESIDING OFFICER. The time The PRESIDING OFFICER. The Sen- Under the Clinton administration, of the Senator from Illinois has ex- ator from Nevada has the floor with 27 after the nominee came out of the pired. However, there is a minute and a seconds. White House, 63 times, 20 percent of the half left on the Democratic side. President’s nominees were stopped at Mr. REID. Will the Senator answer Mr. REID. When the majority uses that point and never brought to a hear- this question? their time, the half hour will be divided ing before the Senate Judiciary Com- The PRESIDING OFFICER. The Sen- in whichever way the Senator from mittee. So the argument that we have ator from Nevada is recognized. Michigan, Mr. LEVIN, and the Senator stopped four belies the reality that Mr. REID. I direct the question on the other side wishes to divide 30 when we looked at the numbers from through the Chair to my friend from Il- minutes. the Clinton administration, 20 percent, linois. The number 168 on the chart be- The PRESIDING OFFICER. The Sen- not 2 percent but 20 percent, of the hind you, does that represent 168 peo- ator from Texas is recognized.

N O T I C E Incomplete record of Senate proceedings. Today’s Senate proceedings will be continued in the next issue of the Record.

VerDate jul 14 2003 03:51 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 8633 E:\CR\FM\G12NO6.153 S12PT1 November 12, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2291 EXTENSIONS OF REMARKS

INTRODUCTION OF AFFORDABLE Texas, and a good servant to his family, his thousands of our veterans—particularly those HOUSING PRESERVATION TAX faith, and his community. of the World War II and Korea generations— RELIEF ACT In the Bible, Timothy describes charity as, will not live to receive this earned and de- ‘‘out of a pure heart, and of a good conserved benefit. HON. JIM RAMSTAD science, and of faith unfeigned.’’ Over the Mr. Speaker, we need to make our veterans OF MINNESOTA years, Ed Drake has served those around him, and our soldiers our top priority. We have en- IN THE HOUSE OF REPRESENTATIVES not only with charity, but also with dedication tered into a contract with each of them. They and humility. The breadth of his service to the Wednesday, November 12, 2003 have done their part and are doing their part Dallas community and to our Nation is wide, every day—in conflicts across the globe in- Mr. RAMSTAD. Mr. Speaker, today I am in- and includes activities such as representing cluding the increasingly deadly Iraq occupa- troducing the ‘‘Affordable Housing Preserva- human health needs, developing positive envi- tion. We must keep our end of the contract. I tion Tax Relief Act,’’ legislation to maintain ronments for business, and fighting for the de- am sad to note that provisions like this wa- and increase the stock of affordable housing mocracy that he cherishes. tered-down concurrent receipt are not in keep- in this country. I am delighted to be joined in Through his leadership in organizations ing with our end of the contract. this effort by my friend and colleague from such as the National Easter Seal Society, the I also must object to the procedure in bring- Maryland, Mr. CARDIN. American Cancer Society, and the Science ing this conference report to the Floor. We In 1999, Congress recognized the need to Place, Ed Drake has helped our Nation ad- were once again given only hours to read a look at this issue by establishing the bipartisan dress critical health needs. In his professional conference report that ran hundreds and hun- Millennial Housing Commission (MHC). That life, his integrity and loyalty have carried him dreds of pages. This is a disturbing pattern Commission was charged with taking a thor- to the top of the Dallas business community that seems to surface when we are required to ough look at what the government was doing and earned him honors such as his appoint- vote on controversial legislation. Are Members to fill the huge unmet gap for affordable hous- ment as Commissioner of the Texas Advisory not anymore supposed to at least review legis- ing. Commission on Intergovernmental Relations, lation before voting? The MHC released their report in May of among many others. Finally, Mr. Drake’s love f 2000. The report stated, ‘‘In 1999 one in of democracy and work defending freedom as four—almost 28 million—American households a B–17 pilot in World War II has made him an THE NEED FOR LEGISLATION TO reported spending more on housing than the example for future generations of citizens. AUTHORIZE ADDITIONAL JUDGE- Federal Government considers affordable and This noble leader of the Dallas community SHIPS FOR THE UNITED STATES appropriate (more than 30 percent of in- personifies service to his country through the DISTRICT COURT FOR THE EAST- come).’’ light of charity. As steadfast a patriot and com- ERN DISTRICT OF CALIFORNIA The MHC report also contained a list of 13 passionate a humanitarian as I have ever recommendations for making housing more af- known, Ed Drake shines to those in his com- HON. WILLIAM M. THOMAS fordable. One of those recommendations was munity as he does to his wife Donda and their OF CALIFORNIA for Congress to provide a ‘‘new tool’’ to en- family. I am proud to be his Representative in IN THE HOUSE OF REPRESENTATIVES courage the transfer of affordable housing to Congress. entities that agree to maintain these properties Wednesday, November 12, 2003 f and keep them affordable. They rec- Mr. THOMAS. Mr. Speaker, I rise today to ommended doing so by forgiving the depre- CONFERENCE REPORT ON H.R. 1588, introduce legislation that, in accordance with ciated recapture tax for owners who sell their NATIONAL DEFENSE AUTHORIZA- the recommendation of the United States Judi- properties to purchasers who agree to main- TION ACT FOR FISCAL YEAR 2004 cial Conference, would authorize the creation tain them for a 30-year period and to keep of three additional judgeships for the United them affordable. The MHC recommendation SPEECH OF States District Court for the Eastern District of would still hold owners responsible for any California, as well as convert a temporary capital gains taxes due above and beyond the HON. RON PAUL OF TEXAS judgeship into a permanent judgeship. depreciated amount. IN THE HOUSE OF REPRESENTATIVES There is no question that these additional The lack of affordable housing is something judgeships are needed. The average weighted I hear about and see all across my congres- Friday, November 7, 2003 caseload per judge in the Eastern District is sional district and my State. Indeed recent Mr. PAUL. Mr. Speaker, while I am pleased 733, as compared to 649 a year ago, an in- data shows that approximately 35 percent of to see that this conference report has ad- crease of almost 12 percent. This is extremely renters in Minnesota pay over 30 percent of dressed the issue of concurrent receipt, I note significant, as the national average for weight- their income on housing and 15 percent of with dismay that the provision as included in ed caseloads per judge is 524, and an aver- renters pay over 50 percent of their income on the report is inadequate. It will leave hundreds age weighted caseload in excess of 430 is the their housing. of thousands of veterans out in the cold, many United States Judicial Conference’s standard The legislation we are introducing today of whom will likely not live long enough to for determining if additional permanent judge- tracks closely with the recommendation made benefit from this unacceptable pseudo-solu- ships are required. The Eastern District’s aver- by the MHC. I believe enactment of this legis- tion. age weighted caseload of 733 exceeds this lation would be an important step toward This provision will allow only those 20-year standard by 70 percent. In addition, the East- maintaining and increasing affordable housing retiree combat-disabled veterans to receive ern District’s average weighted caseload sur- in this country, and I urge my colleagues to concurrent receipt, which completely ignores passes the national average by more than 39 join me as a cosponsor of this legislation. that many if not most soldiers who are com- percent and has exceeded 430 since 1994. f bat-disabled do not remain in the military for In 2003, there was a significant increase in TRIBUTE TO EDWARD J. DRAKE 20 years. Upon becoming disabled they are the total number of filings in the Eastern Dis- discharged from the military. This means that, trict; in fact, total filings in 2003 rose 11.7 per- HON. PETE SESSIONS according to some estimates, two-thirds of dis- cent to 5,523. Criminal case filings, for which OF TEXAS abled veterans will be left behind by this provi- our Constitution guarantees an individual the sion. In this, the provision is a slap in the face right to have a speedy trial, rose 12.7 percent. IN THE HOUSE OF REPRESENTATIVES of our veterans. In addition, there are now a total of 6,343 Wednesday, November 12, 2003 Additionally, the 10 year phase-in of concur- cases pending before the Eastern District; an Mr. SESSIONS. Mr. Speaker, I rise today in rent receipt for the remaining who are at least increase of 11.5 percent in 2003 and an 18.5 honor of Edward J. Drake, a son of Dallas, 50 percent disabled effectively means that percent increase over the past five years.

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

VerDate jul 14 2003 04:07 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A12NO8.001 E12PT1 E2292 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 2003 Moreover, as the temporary judgeship expired Foundation, Community Health Councils, Art- HONORING ANDREA BAGLEY in February 2002, upon a permanent judge’s ists Beyond Disabilities, United Way, and nu- decision to take senior status, this situation merous political organizations. will be exacerbated because the President will Judith has received many awards, including HON. TAMMY BALDWIN be unable to appoint a replacement unless the Pasadena YWCA Second Century Award OF WISCONSIN Congress acts to convert the temporary judge- in 1998, the Outstanding Community Service ship into a permanent judgeship before that Award from the American Diabetes Associa- IN THE HOUSE OF REPRESENTATIVES time. tion in 2002, and the Kaiser Permanente Pub- Accordingly, I ask my colleagues to work lic Affairs Award in 2000 and 2003. Wednesday, November 12, 2003 with me to enact this legislation and thereby The time, energy and love Judith gives to our community is extraordinary, and the resi- Ms. BALDWIN. Mr. Speaker, I rise today to improve the administration of our Nation’s pay tribute to a woman who has ably served laws in the Eastern District of California. dents of my district have benefited greatly from her dedicated service. For her lifetime of the House of Representatives and the citizens f service, I am proud to ask all Members to join of Wisconsin for more than 20 years. In the of- IN RECOGNITION OF JUDITH with me in commending Judith Zitter upon re- fices of four Members of Congress, on both ZITTER ceiving the 2003 Zonta Club of Pasadena’s sides of the aisle, Andrea Bagley has worked Woman of Achievement Award. diligently and compassionately to better the lives of our constituents. HON. ADAM B. SCHIFF f OF CALIFORNIA WELCOMING THE MOST REVEREND Andrea first became a congressional case- IN THE HOUSE OF REPRESENTATIVES ANTHONY SABLAN APURON, OFM worker in 1983, in the office of Representative Wednesday, November 12, 2003 CAP, DD, METROPOLITAN ARCH- Steve Gunderson, for whose father she had BISHOP OF AGANA initially worked as a bookkeeper. In her first Mr. SCHIFF. Mr. Speaker, I rise today to case, she helped a young person resolve a honor Judith Zitter, who is being honored by problem with a student loan. As a mother of the Zonta Club of Pasadena as their 2003 HON. MADELEINE Z. BORDALLO three sons, Andy was already adept at solving Woman of Achievement. Each year, the Zonta OF GUAM problems and offering caring support. Club of Pasadena pays special tribute to the IN THE HOUSE OF REPRESENTATIVES When she began her congressional service, accomplishments made by an extraordinary Wednesday, November 12, 2003 woman who has made a difference in our Andy handled roughly 500 cases a year, with- Mrs. BORDALLO. Mr. Speaker, it is my community. out benefit of fax machines or computers. It’s honor and privilege to welcome the Most Rev- A Pasadena native, Ms. Zitter received her hard for young staffers to even imagine a erend Anthony Sablan Apuron, OFM Cap, DD, Masters in Social Work from California State world of onion skins and carbon copies or the Metropolitan Archbishop of Agana to the Peo- University, San Francisco in 1982. Judith is joy of an electric typewriter with memory. In 20 ple’s House and to thank him for offering to- married to her Blair High School sweetheart, years, she’s seen the technology grow with day’s prayer. her caseload . . . to more than a thousand a Neal Wrightson, who is the founder of the Archbishop Apuron has served God and His year, yet she’s handled them all with calm per- Children’s Community School in Van Nuys. people first as priest and now bishop for over sistence. To every constituent with a problem She and Neal have two children, Erica, a 31 years. Born November 1, 1945, he was or- she says, ‘‘We can’t guarantee you’ll get the freshman at University of California, Santa dained a priest in the Order of Friars Minor answer you want, but we guarantee you’ll get Barbara and Max, a sophomore at the Los An- Capuchin on August 26, 1972. He was ap- fair consideration.’’ Thanks to her, they have. geles High School for the Arts. pointed Auxiliary Bishop of Agana by the late Ms. Zitter’s strong commitment to her com- Archbishop Felixberto C. Flores on December Andy describes her job as being part detec- munity is clearly reflected in her career path. 8, 1983 and consecrated Titular Bishop of tive, part problem-solver, part researcher, and She has worked as an adoption social worker, Muzuca on February 19, 1984. On May 11, part social worker. For every case, she me- director of a senior center, and a field rep- 1986, the Most Reverend Anthony S. Apuron ticulously amasses bits of information, institu- resentative for Pasadena Mayor Rick Cole. was elevated to Metropolitan Archbishop of tional knowledge, documentation, and paper During her tenure with Mayor Cole, she was Agana. trails to piece together solutions to problems instrumental in implementing positive changes As the head of the Roman Catholic Arch- as finely stitched as the elaborate quilts she in the Old Pasadena and Northwest Pasadena diocese of Agana, he is the spiritual leader for makes for her dozens of fortunate friends and neighborhoods. Currently, Judith is a commu- over 350,000 Roman Catholics in Guam, the family. nity health manager for Kaiser Permanente. In Diocese of Chalan Kanoa in the Northern Mar- The gratitude of our constituents is appar- this capacity, she has helped create relation- iana Islands, and the Diocese of the Caroline ent—from the thanks Andy recently received ships to support community organizations, and the Marshall Islands. He has been the from a man gaining citizenship, to the wedding such as the formation of a statewide partner- moral voice for the faithful who look to him for photos of a bride whose family needed visas ship with free and community clinics in Cali- direction in these difficult times. Under his to attend the wedding, to the visits of grateful fornia, and the American Diabetes Associa- leadership, the Archdiocese of Agana has ex- parents and the children they adopted from tion. panded its ministries to meet the changing foreign lands. The consummate volunteer, Judith currently needs of the community. serves on the boards of El Centro de Accion On behalf of the people of Guam, I want to Congressmen GUNDERSON, KLUG, and BAR- Social, Day One, the Asian Pacific Community thank Archbishop Apuron for being with us RETT join me in adding our words of gratitude Fund and the Pasadena Center Operating today and for his leadership and guidance of to Andrea Bagley for her 20 years of honor- Company. Her past volunteer efforts include the people of Metropolitan Archdiocese of able service to our offices and our constitu- Haven House, the Los Angeles Women’s Agana. Si Yu’os Ma’ase. ents. Selfishly, I wish for many more.

VerDate jul 14 2003 04:07 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A12NO8.004 E12PT1 November 12, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2293 SENATE COMMITTEE MEETINGS 2:30 p.m. nical Corrections Act, proposed Organ Governmental Affairs Donation and Recovery Improvement Title IV of Senate Resolution 4, To hold hearings to examine the nomina- Act, and pending nominations. agreed to by the Senate on February 4, tion of James M. Loy, of Virginia, to be SD–430 1977, calls for establishment of a sys- Deputy Secretary of Homeland Secu- Judiciary tem for a computerized schedule of all rity. To hold hearings to examine pending ju- meetings and hearings of Senate com- SD–342 dicial nominations. mittees, subcommittees, joint commit- Energy and Natural Resources SD–226 tees, and committees of conference. Public Lands and Forests Subcommittee 2:30 p.m. To hold hearings to examine S. 1209, to This title requires all such committees Governmental Affairs provide for the acquisition of property Oversight of Government Management, the to notify the Office of the Senate Daily in Washington County, Utah, for imple- Federal Workforce, and the District of Digest—designated by the Rules com- mentation of a desert tortoise habitat Columbia Subcommittee mittee—of the time, place, and purpose conservation plan, H.R. 708, to require To resume hearings to examine the Au- of the meetings, when scheduled, and the conveyance of certain National gust 2003 Northeast blackouts and the any cancellations or changes in the Forest System lands in Mendocino Na- federal role in managing the nation’s meetings as they occur. tional Forest, California, to provide for electricity. the use of the proceeds from such con- SD–342 As an additional procedure along veyance for National Forest purposes, with the computerization of this infor- S. 1467, to establish the Rio Grande NOVEMBER 20 mation, the Office of the Senate Daily Outstanding Natural Area in the State 9:30 a.m. Digest will prepare this information for of Colorado, S. 1167, to resolve the Governmental Affairs boundary conflicts in Barry and Stone printing in the Extensions of Remarks Investigations Subcommittee Counties in the State of Missouri, and section of the CONGRESSIONAL RECORD To resume hearings to examine the role on Monday and Wednesday of each S. 1848, to amend the Bend Pine Nurs- ery Land Conveyance Act to direct the of professional organizations like ac- week. Secretary of Agriculture to sell the counting firms, law firms, and finan- Meetings scheduled for Thursday, No- Bend Pine Nursery Administration Site cial institutions in developing, mar- vember 13, 2003 may be found in the in the State of Oregon. keting and implementing tax shelters. Daily Digest of today’s RECORD. SD–366 SH–216 4 p.m. 10 a.m. MEETINGS SCHEDULED Armed Services Banking, Housing, and Urban Affairs To hold hearings to examine the nomina- To hold hearings to examine improving NOVEMBER 18 tion of Michael W. Wynne, of Florida, the corporate governance of the NYSE. SD–538 9:30 a.m. to be Under Secretary of Defense for Acquisition, Technology, and Logis- 2 p.m. Judiciary Banking, Housing, and Urban Affairs To hold hearings to examine America tics. SR–222 To resume hearings to examine current after the 9/11 terrorist attacks. investigations and regulatory actions SD–226 NOVEMBER 19 regarding the mutual fund industry. Governmental Affairs SD–538 Investigations Subcommittee 9:30 a.m. To hold hearings to examine the role of Governmental Affairs professional organizations like ac- To hold hearings to examine the threat CANCELLATIONS counting firms, law firms, and finan- of agroterrorism. cial institutions in developing, mar- SD–342 keting and implementing tax shelters. 10 a.m. NOVEMBER 14 SH–216 Health, Education, Labor, and Pensions 10 a.m. 10 a.m. To hold hearings to examine S. 741, to Energy and Natural Resources Banking, Housing, and Urban Affairs amend the Federal Food, Drug, and To hold oversight hearings to examine To hold hearings to examine current in- Cosmetic Act with regard to new ani- the implementation of the Energy Em- vestigations and regulatory actions re- mal drugs, proposed Mammography ployees Occupational Illness Com- garding the mutual fund industry. Quality Standards Reauthorization pensation Program. SD–538 Act, proposed Medical Device Tech- SD–366

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HIGHLIGHTS Senate agreed to the Conference Report on H.R. 1588, National Defense Authorization Act, and the Conference Report on H.R. 2559, Military Construction Appropriations Act, clearing both measures for the Presi- dent. Senate (Not Final) Craig Modified Amendment No. 2158 (to Chamber Action Amendment No. 2150), to provide for the enhanced Routine Proceedings, pages S14463–S14546 review of covered pesticide products, to authorize Measures Introduced: Six bills were introduced, as fees for certain pesticide products, and to extend and follows: S. 1850–1855. (See next Issue.) improve the collection of maintenance fees. Measures Reported: Page S14496 Special Report entitled ‘‘Further Revised Alloca- Bond Amendment No. 2167 (to Amendment No. tion to Subcommittees of Budget Totals for Fiscal 2150), to remove the emergency designation on VA medical care. Page S14496 Year 2004’’. (S. Rept. No. 108–195) (See next Issue.) Lautenberg Amendment No. 2171 (to Amend- Measures Passed: ment No. 2150), to maintain enforcement personnel Basic Pilot Program Extension and Expansion for the Environmental Protection Agency at the fis- Act: Senate passed S. 1685, to extend and expand cal year 2003 level. Pages S14506–07 the basic pilot program for employment eligibility Bond (for Graham (SC)/Hollings) Amendment verification, after agreeing to the committee amend- No. 2172 (to Amendment No. 2150), to authorize ment in the nature of a substitute, and the following the Secretary of Veterans Affairs to enter into an en- amendment proposed thereto: Pages S14504–06 hanced-use lease at the Charleston Department of Bond (for Leahy/Brownback) Amendment No. Veterans Affairs Medical Center, Charleston, South 2170, to extend the duration of the immigrant in- Carolina. Page S14507 vestor regional center pilot program for 5 additional Bond (for Mikulski/Bond) Amendment No. 2173 years. Pages S14505–06 (to Amendment No. 2150), to require notice and VA–HUD Appropriations Act: Senate continued comment rulemaking, and prohibit disclosure of se- consideration of H.R. 2861, making appropriations lection information, by the Corporation for National for the Departments of Veterans Affairs and Housing and Community Service. Page S14507 and Urban Development, and for sundry inde- Bond Amendment No. 2174 (to Amendment No. pendent agencies, boards, commissions, corporations, 2150), to increase funds for the Office of Federal and offices for the fiscal year ending September 30, Housing Enterprise Oversight to conduct audits, in- 2004, taking action on the following amendments vestigations and examinations and to provide for ad- proposed thereto: ditional emergency funds. Pages S14510–11 Pages S14464–81, S14496–S14504, S14506–28 Bond (for Stevens) Amendment No. 2175 (to Adopted: Amendment No. 2150), to provide an allocation of Craig (for Bond) Amendment No. 2156 (to funding under the Native American Housing Assist- Amendment No. 2150), to clarify the current ex- ance and Self-Determination Act of 1996 for the emption for certain nonroad agriculture and con- State of Alaska. Page S14511 struction engines or vehicles that are smaller than 50 Bond (for Durbin/Fitzgerald) Amendment No. horsepower from an air emission regulation by Cali- 2176 (to Amendment No. 2150), to insert a provi- fornia and require EPA to develop a national stand- sion relating to VA-Navy sharing of facilities at the ard. Pages S14477–81, S14496 North Chicago VA Medical Center. Pages S14511–12 D1265

VerDate jul 14 2003 05:35 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12NO3.REC D12NO3 D1266 CONGRESSIONAL RECORD — DAILY DIGEST November 12, 2003 Bond (for Murkowski) Amendment No. 2177 (to ital Asset Realignment for Enhanced Services Amendment No. 2150), to provide housing for (CARES) initiative of the Department of Veterans teachers, administrators, and other school staff in re- Affairs for purposes of enhanced services while lim- mote areas of Alaska since such housing is often ex- iting the use of funds for the initiative for purposes tremely substandard, if it is even available at all, and of the closure or reduction of services pending a rural school districts in Alaska are facing increased modification of the initiative to take into account challenges, including meeting the mandates of the long-term care, domiciliary care, and mental health No Child Left Behind Act, and in recruiting and re- services and other matters. taining employees due to a lack of housing units. Pages S14496–S14504, S14508–10 Page S14512 During consideration of this measure today, Senate Bond Amendment No. 2180 (to Amendment No. also took the following action: 2150), to require HUD to make any changes to the By 44 yeas to 49 nays (Vote No. 449), three-fifths operating fund formula by negotiated rulemaking. of those Senators duly chosen and sworn, not having Pages S14518, S14520–24 voted in the affirmative, Senate rejected the motion Bond (for Murkowski) Amendment No. 2181 (to Amendment No. 2150), to provide for the treatment to waive section 502(c)(5) of H. Con. Res. 95, Con- of the Pioneer Homes in Alaska as a State home for gressional Budget Resolution, with respect to the emergency designation provision in Mikulski veterans. Pages S14520–24 Bond (for Dorgan) Amendment No. 2182 (to Amendment No. 2178 (to Amendment No. 2150), Amendment No. 2150), to express the sense of the to provide for certain capitalization grants. Subse- Senate on the access to primary health care of vet- quently, a point of order that the emergency des- erans living in rural and highly rural areas. ignation provision would violate section 502(c)(5) of Pages S14520–24 H. Con. Res. 95 was sustained and the provision was Bond (for Sarbanes) Amendment No. 2183 (to stricken. Also, the Chair sustained a point order that Amendment No. 2150), to express the sense of the the amendment would exceed the subcommittee’s Senate that housing vouchers are a critical resource 302(b) allocation and the amendment thus falls. and that the Department of Housing and Urban De- Pages S14512–18 velopment should ensure that all vouchers can be National Defense Authorization Act—Con- used by low-income families. Pages S14520–24 ference Report: By 95 yeas to 3 nays (Vote No. Bond (for Clinton) Amendment No. 2184 (to 447), Senate agreed to the conference report on H.R. Amendment No. 2150), to provide VISTA volun- 1588, to authorize appropriations for fiscal year 2004 teers the option of receiving a national service edu- for military activities of the Department of Defense, cational award. Pages S14520–24 for military construction, and for defense activities of Bond (for Landrieu) Amendment No. 2151 (to the Department of Energy, and to prescribe per- Amendment No. 2150), to increase the amount of sonnel strengths for such fiscal year for the Armed funds that may be used by States for technical assistance and administrative costs under the community Forces, clearing the measure for the President. Pages S14481–94 development block grant program. Pages S14520–24 Bond (for Levin) Amendment No. 2185 (to Military Construction Appropriations—Con- Amendment No. 2150), to authorize appropriations ference Report: By a unanimous vote of 98 yeas for sewer overflow control grants. Pages S14520–24 (Vote No. 448), Senate agreed to the conference re- Bond (for Boxer) Amendment No. 2186 (to port on H.R. 2559, making appropriations for mili- Amendment No. 2150), to express the sense of the tary construction, family housing, and base realign- Senate that human dosing studies of pesticides raises ment and closure for the Department of Defense for ethical and health questions. Pages S14520–24 the fiscal year ending September 30, 2004, clearing Withdrawn: the measure for the President. Pages S14494–96 Dorgan Amendment No. 2159 (to Amendment No. 2158), to permit the Administrator of the Envi- Nomination Considered: Senate resumed consider- ronmental Protection Agency to register a Canadian ation of the nomination of Priscilla Richman Owen, of Texas, to be United States Circuit Judge for the pesticide. Pages S14478–79 Pending: Fifth Circuit. Pages S14531–32 (continued next issue) Bond/Mikulski Amendment No. 2150, in the na- A fourth motion was entered to close further de- ture of a substitute. bate on the nomination and, in accordance with the Pages S14464–81, S14496–S14504, S14506–28 provisions of Rule XXII of the Standing Rules of Clinton Amendment No. 2152 (to Amendment the Senate, a vote on cloture will occur on Friday, No. 2150), to permit the use of funds for the Cap- November 14, 2003. Pages S14531–32

VerDate jul 14 2003 05:35 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D12NO3.REC D12NO3 November 12, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1267 Nomination Considered: Senate resumed consideration of the nomination of Carolyn B. Kuhl, of Cali- Committee Meetings fornia, to be United States Circuit Judge for the (Committees not listed did not meet) Ninth Circuit. Page S14532 (continued next issue) A second motion was entered to close further de- ONGOING MILITARY OPERATIONS bate on the nomination and, in accordance with the provisions of Rule XXII of the Standing Rules of Committee on Armed Services: Committee met in closed the Senate, a vote on cloture will occur on Friday, session to receive a briefing to examine ongoing November 14, 2003. Page S14532 military operations and areas of key concern around the world from Lieutenant General Norton A. Nomination Considered: Senate began consider- Schwartz, USAF, Director for Operations, J–3, and ation of the nomination of Janice R. Brown, of Cali- Major General Ronald L. Burgess, Jr., USA, Director fornia, to be United States Circuit Judge for the Dis- for Intelligence, J–2, both of the Joint Staff; Wil- trict of Columbia Circuit. liam J. Luti, Deputy Assistant Secretary of Defense Page S14532 (continued next issue) for Near East and South Asian Affairs; and Ruben A motion was entered to close further debate on Jeffrey, Representative and Executive Director of the the nomination and, in accordance with the provi- Coalition Provisional Authority. sions of Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur on Friday, No- FINANCIAL ACCOUNTING STANDARDS vember 14, 2003. Page S14532 BOARD Point of Order Raised: During Executive Session, Committee on Banking, Housing, and Urban Affairs: Senator Gregg raised a point of order that a sign dis- Subcommittee on Securities and Investment con- played on the minority side of the aisle violated pro- cluded a hearing on the Financial Accounting Stand- visions of Rule XVII of the Rules for Regulation of ards Board and small business growth, focusing on the Senate Wing of the United States Capitol and establishing and improving general-purpose stand- Senate Office Buildings. (See next Issue.) ards of financial accounting and reporting for both Messages From the President: Senate received the public and private enterprises, after receiving testi- following message from the President of the United mony from Senator Ensign; Robert H. Herz, Finan- States: cial Accounting Standards Board, Norwalk, Con- Transmitting, pursuant to law, a periodic report necticut; Peter A. Salg, QSC Restaurants, Inc., Fort relative to the national emergency with respect to Collins, Colorado, on behalf of the International Franchise Association; James K. Glassman, American Iran which was declared in Executive Order No. Enterprise Institute, and Jeannine Kenney, National 12170; to the Committee on Banking, Housing, and Cooperative Business Association, both of Wash- Urban Affairs. (PM–56) (See next Issue.) ington, D.C.; Richard E. Forrestel, Jr., Cold Spring Messages From the House: (See next Issue.) Construction Company, Akron, New York, on behalf Enrolled Bills Presented: (See next Issue.) of the Associated General Contractors of America; Walter K. Moore, Genentech, Inc., San Francisco, Executive Communications: (See next Issue.) California; and Mark Heesen, National Venture Cap- Executive Reports of Committees: (See next Issue.) ital Association, Arlington, Virginia. Additional Cosponsors: (See next Issue.) TOBACCO SETTLEMENT FUNDS Statements on Introduced Bills/Resolutions: (See next Issue.) Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine State use Additional Statements: (See next Issue.) of tobacco settlement funds, focusing on the growing Amendments Submitted: (See next Issue.) number of non-participating tobacco manufacturers, the prevention and control of tobacco use, and ciga- Notices of Hearings/Meetings: (See next Issue.) rette taxes, after receiving testimony from Delaware Authority for Committees to Meet: (See next Issue.) State Representative Deborah Hudson, Dover, on be- Privilege of the Floor: (See next Issue.) half of the National Conference of State Legislatures; Mississippi Attorney General Mike Moore, Jackson; Record Votes: Three record votes were taken today. and Matthew Louis Myers, Tobacco-Free Kids, Ray- (Total—449) Pages S14493–94, S14495–96, S14518 mond C. Scheppach, National Governors Association, Adjournment: Senate met at 9:30 a.m., and contin- and Cheryl G. Healton, American Legacy Founda- ued in evening session. tion, all of Washington, D.C.

VerDate jul 14 2003 05:35 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D12NO3.REC D12NO3 D1268 CONGRESSIONAL RECORD — DAILY DIGEST November 12, 2003

BUSINESS MEETING chapter 23 of title 5, United States Code, to clarify Committee on Environment and Public Works: Com- the disclosure of information protected from prohib- mittee ordered favorably reported the following busi- ited personnel practices, require a statement in non- ness items: disclosure policies, forms, and agreements that such S. 1072, to authorize funds for Federal-aid high- policies, forms, and agreements conform with certain ways, highway safety programs, and transit pro- disclosure protections, provide certain authority for grams, with an amendment in the nature of a sub- the Special Counsel, after receiving testimony from stitute; and Senator Grassley; Peter Keisler, Assistant Attorney The nomination of Rixio Enrique Medina, of General, Civil Division, Department of Justice; and Oklahoma, to be a Member of the Chemical Safety Elaine Kaplan, Bernabei and Katz, PLLC, Thomas and Hazard Investigation Board. Devine, Government Accountability Project, Stephen M. Kohn, National Whistleblower Center, and Wil- BUSINESS MEETING liam L. Bransford, Shaw, Bransford, Veilleux and Committee on Finance: Committee ordered favorably Roth, P.C., on behalf of the Senior Executives Asso- reported the nominations of Michael O’Grady, of ciation, all of Washington, D.C. Maryland, and Jennifer Young, of Ohio, both to be an Assistant Secretary of Health and Human Serv- NOMINATIONS: ices, and Bradley D. Belt, of the District of Colum- Committee on the Judiciary: Committee concluded a bia, to be a Member of the Social Security Advisory hearing to examine the nominations of Judith C. Board. Herrera, to be United States District Judge for the NOMINATION District of New Mexico, who was introduced by Sen- Committee on Governmental Affairs: Committee con- ators Domenici and Bingaman, F. Dennis Saylor IV, cluded a hearing to examine the nomination of Scott to be United States District Judge for the District J. Bloch, of Kansas, to be Special Counsel, Office of of Massachusetts, who was introduced by Senator Special Counsel, after the nominee, who was intro- Kennedy, Sandra L. Townes, to be United States duced by Senator Brownback, testified and answered District Judge for the Eastern District of New York, questions in his own behalf. who was introduced by Senator Schumer, and Do- mingo S. Herraiz, of Ohio, to be Director of the Bu- FEDERAL EMPLOYEE PROTECTION OF reau of Justice Assistance, Department of Justice, DISCLOSURES ACT who was introduced by Senator DeWine, after the Committee on Governmental Affairs: Committee con- nominees testified and answered questions in their cluded a hearing to examine S. 1358, to amend own behalf. h House of Representatives Meeting Hour: Agreed that when the House ad- Chamber Action journ today, it adjourn to meet at 2 p.m. on Friday, Measures Introduced: 2 public bills, H.R. 3485 November 14, and further that when it adjourn on and 3486; and 1 resolution, H. Con. Res. 324, were that day, it adjourn to meet at 12:30 p.m. on Mon- introduced. Page H11149 day, November 17 for morning-hour debate. Additional Cosponsors: Page H11149 Page H11148 Reports Filed: Reports were filed today as follows: Calendar Wednesday: Agreed to dispense with the H.R. 2886, to amend title 31, United States Calendar Wednesday business of Wednesday, No- Code, to improve the financial accountability re- vember 19. Page H11148 quirements applicable to the Department of Home- Presidential Message: Read a message from the land Security, amended (H. Rept. 108–358, Pt. 1). President, received by the Clerk on November 12, Pages H11148–49 notifying Congress of the continuation of the na- Chaplain: The prayer was offered today by Most tional emergency with respect to Iran—referred the Rev. Anthony Sablan Apuron, Archbishop of Agana Committee on International Relations and ordered to in Guam. Page H11147 be printed (H. Doc. 108–141). Page H11148

VerDate jul 14 2003 05:35 Nov 13, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D12NO3.REC D12NO3 November 12, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1269 Senate Message: Message received from the Senate Committee on Indian Affairs: business meeting to con- today appears on pages H11147–48. sider pending calendar business, 10 a.m., SR–485. Committee on the Judiciary: business meeting to consider Senate Referral: S. 1657 was referred to the Com- H.R. 1437, to improve the United States Code, S. Res. mittee on Transportation and Infrastructure; S. 286 253, to recognize the evolution and importance of motor- was ordered held at the desk. Page H11148 sports, and the nominations of Henry W. Saad, of Michi- Adjournment: The House met at 2 p.m. and ad- gan, to be United States Circuit Judge for the Sixth Cir- journed at 2:06 p.m. cuit, Michael J. Garcia, of New York, to be an Assistant Secretary of Homeland Security, Claude A. Allen, of Vir- ginia, to be United States Circuit Judge for the Fourth Committee Meetings Circuit, James B. Comey, of New York, to be Deputy No committee meetings were held. Attorney General, and Federico Lawrence Rocha, of Cali- f fornia, to be United States Marshal for the Northern Dis- trict of California, both of the Department of Justice, NEW PUBLIC LAWS 9:30 a.m., SD–226. (For last listing of Public Laws, see DAILY DIGEST, p. D1259) Subcommittee on Immigration, Border Security and H.R. 2691, making appropriations for the Depart- Citizenship, to hold hearings to examine state and local ment of the Interior and related agencies for the fis- authority to enforce immigration law relating to ter- cal year ending September 30, 2004. Signed on No- rorism, 2:30 p.m., SD–226. vember 10, 2003. (Public Law 108–108). House f Committee on Government Operations, Subcommittee on COMMITTEE MEETINGS FOR THURSDAY, Human Rights and Wellness, hearing entitled ‘‘Pre- NOVEMBER 13, 2003 venting Another SV40 Tragedy: Are Today’s Vaccine (Committee meetings are open unless otherwise indicated) Safety Protocols Effective?’’ 2 p.m., 2154 Rayburn. Senate Committee on Armed Services: to hold hearings to examine current Army issues, 9:30 a.m., SH–216.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES Wednesday, November 12 2 p.m., Friday, November 14

Senate Chamber House Chamber Program for Wednesday: Senate will continue to debate Program for Friday: The House will meet at 2 p.m. on certain judicial nominations. Friday, November 14 in pro forma session.

Extensions of Remarks, as inserted in this issue

HOUSE

Baldwin, Tammy, Wisc., E2292 Bordallo, Madeleine Z., Guam, E2292 Paul, Ron, Tex., E2291 Ramstad, Jim, Minn., E2291 Schiff, Adam B., Calif., E2292 Sessions, Pete, Tex., E2291 Thomas, William M., Calif., E2291

(Senate proceedings for today will be continued in the next issue of the Record.)

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