S66 CONGRESSIONAL RECORD — SENATE January 21, 2004 Iran now feel the combined pressure of around the world are for the first time who is the majority leader. I have the international community to aban- free. great respect for him. His call for bi- don their nuclear ambitions. I am con- Strengthening our homeland secu- partisanship is certainly welcome. I fident in time they will. rity, prosecuting this war on terror, ad- say to him and to others that those of Finally, change wrought by war has dressing domestic issues such as edu- us who serve in the Senate come here given old adversaries an opportunity to cation and health care and tort reform wanting to do good things for our coun- lay aside their grievances and begin are just a few of the issues we will ad- try. We have a passion for good public the work of peace. India and Pakistan dress this year. The President’s judi- policy that will advance America’s in- have agreed to peace talks. Syria has cial nominees will get the up-or-down terests. established diplomatic relations with vote they deserve. We will not allow a But I must say, in the past year or so Turkey. In each case, the opportunity small minority of Senators to thwart the evidence of bipartisanship is hard to pursue a new course of peace be- our constitutional duty to advise and to find with respect to the way the tween these historic antagonists is a consent. White House and the majority in this direct result of the United States de- Look for action to protect unborn Senate have dealt with the minority. termination to oppose international victims of violence, child custody pro- We would welcome true bipartisanship. terrorists and the regimes that sponsor tection, gun liability, bankruptcy, and I must also point out, while I think them. many other legislative efforts. there are areas where we have made This is not to say the war against We have laid out an ambitious agen- progress in this country, there are terrorism has been won. We are far da, one worthy of a great nation, one some very significant issues with from that. Yasser Arafat continues to that will require strong, bipartisan which we must deal. cling to the tools of terror, frustrating work. We will be aggressive. We will We have the largest budget deficit in the latest efforts for peace in the Mid- fulfill our duty to serve the American history, and, no, it is not because of a dle East. In Colombia, a courageous people and make our Nation strong. war, it is not because of a recession. We new government fights a stubborn ter- Some cynics say in a narrowly di- had testimony at a hearing yesterday rorist movement. But with clear-eyed vided Congress, especially during an that said the largest part of this deficit determination we can find solutions to election year, that we are doomed to is as a result of recurring tax cuts, these conflicts as well. gridlock, that we can accomplish little. very large tax cuts, the bulk of which Victory in the war against terrorism I strongly disagree. I believe everyone went to the largest income earners in is inevitable because of the leadership in this Chamber will do what is right this country. If you earn $1 million a of our President, because of the perse- and what is best for the American peo- year, good for you; you are very fortu- verance of our people and, most of all, ple and that is to move America for- nate. You, also, under this administra- because of the courage and sacrifice of ward. tion’s tax plan, get nearly $100,000 in a our men and women in uniform. Every There is much to be done and there is tax cut each year as well. day they serve the Nation, our service no time to waste. I thank my fellow We have a very large and growing men and women give this Nation their Senators for their dedication. I look Federal budget deficit, the largest in very best. They are not the first, but forward to another extraordinary year history. The President proposes in- they are the latest generation to take in the Senate. creased defense spending, increased up and bear arms, to travel from home I yield the floor. homeland security spending, and then and loved ones and risk all so we may f decreased revenue. I went to a really live in safety, so we may live in peace. small school, but mathematics is still They deserve our deep gratitude. RESERVATION OF LEADER TIME the same. One and one equals two. I take one final moment to pay a spe- The PRESIDING OFFICER (Mr. cial thanks to the 101st Airborne which That fiscal policy equals very large SMITH). Under the previous order, the budget deficits. is based in my home State of Tennessee leadership time is reserved. We have a responsibility—all of us, and also in the adjoining State of Ken- f tucky. Under the leadership of MG Republicans and Democrats—to our David Petraeus, a friend, the 101st is AGRICULTURE, RURAL DEVELOP- children to put this fiscal policy back doing extraordinary work. You may re- MENT, FOOD AND DRUG ADMIN- on track. This President inherited a member it was the 101st that found and ISTRATION, AND RELATED large and growing budget surplus. We dispatched Uday and Qusay Hussein in AGENCIES APPROPRIATIONS now have the largest budget deficit in Mosul. Since then, the 101st has moved ACT, 2004—CONFERENCE REPORT history, and we must fix it. more quickly than any other American The PRESIDING OFFICER. Under We have the largest trade deficit in unit in training guards and policemen the previous order, the Senate will re- history, and we have to fix that. This for the new Iraqi civil defense guard. sume consideration of the conference administration is negotiating new They have also shown that the Iraqi report to accompany H.R. 2673, which trade agreements that, incidentally, people have tremendous generosity in the clerk will report. will once again ship more American their relationships with the United The assistant legislative clerk read jobs overseas. It makes no sense to me States. They have demonstrated the as follows: for us to do that. We do have a global economy, but we ought not set Amer- generosity through their action, A conference report to accompany H.R. through the action of the 101st Air- 2673, making appropriations for agriculture, ican workers and American businesses borne, the generosity, the heart dis- rural development, Food and Drug Adminis- up for competition against those played by our service men and women tration, and related agencies for the fiscal around the world who will work 12- in helping Iraq rebuild its infrastruc- year ending September 30th, 2004, and for year-olds 12 hours a day for 12 cents an ture, rebuild its civic institutions and, other purposes. hour and then ship their products to even more fundamentally, the pride The PRESIDING OFFICER. Under the store shelves in America. That is and hope of the people in Iraq, that the previous order, the time until 6 not fair competition for American pride and hope in the future. Together p.m. will be equally divided between workers and American business. That with the support of the Congress and the chairman and ranking member of is only about larger profits for multi- the American people, the 101st is help- the appropriations committee or their nationals. We need a better trade pol- ing plant the seed of democracy in the designees for debate only. icy and to reduce those trade deficits heart of the Middle East. The Senator from North Dakota. as well. There is yet much to be done, but it Mr. DORGAN. Mr. President, I ask We have many problems, significant must be said that none of these devel- unanimous consent to consume as problems, we have to address. I wel- opments was even imaginable 3 years much time as I will. come bipartisanship. I hope Repub- ago. Because of the extraordinary lead- The PRESIDING OFFICER. Without licans and Democrats, who seek the ership of President Bush and the cour- objection, it is so ordered. same goal, who have the same interests age of our men and women in uniform, Mr. DORGAN. Mr. President, I lis- and urges to improve this country, can America is safer. Millions of people tened to my colleague, Senator FRIST, work together.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S67 But I want to talk a little about this feces . . . diseased-condemned carcass Let me talk about overtime. Let me Omnibus appropriations bill and de- was observed ready for boning and dis- talk about workers in this country. Do scribe why some of us are concerned tribution in commerce.’’ But then the you know, for 65 years we have had a about the lack of bipartisanship at the Mexican officials went to work to re- kind of pact in this country, a rule and end of the last session and about the store that plant’s ability to sell meat a law that says if you want to work partisanship, especially that was exhib- into America. The Mexican plant re- somebody overtime, you have a respon- ited. I want to talk about things that gained its export license. It switched sibility to pay them overtime pay? It is were put in this Omnibus appropria- owners. It changed its name. It sells called the 40-hour workweek. We say, if tions bill, or things that were taken meat into America. And USDA has you want to tell your employees you out, and how that was done, and why never returned. It has never again been are going to work overtime, 10 hours of that was done, and why we think it is inspected. overtime every week, yours is a 50-hour bad public policy. Do you want to know whether this week, you have a responsibility to pay First, let me talk about country-of- meat came from that plant? I do. The them overtime pay. origin labeling. That is just a slogan. American consumer ought to know. The Department of Labor is now pre- Not many people, perhaps, know what This Omnibus appropriations bill paring to decide that they are going to that is about. Let me describe it. contains something that is pernicious change the overtime rules. Why? To Upton Sinclair in 1906 wrote a book on this issue. We passed a law that is make it easier for business to work called ‘‘The Jungle.’’ He was describing the law of the land that requires food people overtime without having to pay what happened in America’s labeling, meat labeling, and the De- them. People whose judgments I re- meatpacking plants. They had a rat partment of Agriculture will not im- spect say that up to 8 million Ameri- problem, and so what they did to con- plement it. This appropriations bill, cans would be required to work over- trol the rats was they would take with no debate and no discussion in the time with no pay under this provision. loaves of bread and lace them with poi- Congress, put a provision in this appro- So we in the Senate and in the son and lay them around these meat priations bill that says we shall delay, House, on a bipartisan basis, put a pro- plants so the rats would eat the poison. by 2 years, the implementation of this vision in this appropriations bill that The rats would die and they would put act. Why? Because they want to kill it. says you cannot do that, Department the bread and the rats down the same Why? Because the big packing plants of Labor; you cannot do that to the hole, and out the back of those packing got to them, and they don’t like this. American worker. Guess what. In that plants came sausage sent to the Amer- The USDA says it is hard to imple- same closed room, they took that pro- ican consumer. ment. Nonsense. We can drive a vehicle vision out. It was bipartisan, voted on Well, Upton Sinclair wrote about on the surface of Mars and we cannot in both the House and Senate, but big that, exposed it in a book called ‘‘The put labels on meat? Total nonsense. business didn’t like it, so it is gone. It Jungle.’’ That led to tough new laws, This is about big interests versus oth- is just gone. inspections, saying you cannot do that. ers. It is about consumers and farmers The American workers deserve better This is about the health and safety of and ranchers being together in whose than that. Do we really want to say to the American people and the health interest it is that we label meat and 8 million workers out there that we and safety of America’s food supply. food. don’t care about their families, about Country-of-origin labeling is about On the other side are the big grocery their income needs? We just care that labeling food in this country. The manufacturers, the big packing houses after 65 years we want to change the necktie I am wearing has a label on it. that have fought this tooth and nail, overtime requirements so if their em- I looked at it this morning. All neck- and this administration and the major- ployer wants to work them overtime, ties have labels. Why? Because they are ity in this Congress who listen to only they can. They don’t have to hire more required to have labels. I know where one voice; and that is the biggest inter- people. Why would they have to do this necktie was made. In fact, I know ests—the bigger interests. They are the that? They could just work people 50 where the shoes I am wearing were winners. They are always the winners hours a week because it doesn’t cost made. in this fight. any more. They can work them 50 But not everything is labeled. And So the country-of-origin labeling pro- hours a week with no overtime pay, or especially in the advent of a case of vision in this bill is wrong. It was they can get rid of their job and hire mad cow disease, discovered in the never debated. It was never agreed to. somebody else. State of Washington, with a cow that It ought to come out. Those who went For 65 years, we have had this over- came into this country from Canada, or into a room and wrote these provisions time rule. These folks want to change the case of the people who died from and stuck them into this appropria- it and hurt up to 8 million American hepatitis in this country, and the hun- tions bill ought to go back into the workers. dreds who remain ill by hepatitis as a same room and fix it. We do not know That is in this Omnibus bill—the ex- result of spring onions that came into which room it is. We do not know who clusion of the provision that Repub- this country from Mexico, the Amer- they are because this was a partisan licans and Democrats in the House and ican consumers ought to have the right exercise. They did not invite Demo- Senate put in. It was wrong to do that. to have their food labeled. crats. It was a partisan exercise. What They ought to put that exclusion in so Mr. President, I ask unanimous con- they did is they served big business in- we can block these rules and stand on sent to show a piece of meat on the terests by sticking this sort of non- the side of the American worker. floor of the Senate. sense in the bill. That is country-of-or- Let me talk about one more: Broad- The PRESIDING OFFICER. Without igin labeling. cast ownership. I will tell you why I objection, it is so ordered. Let me describe something else. How am talking about these. It may be that Mr. DORGAN. This happens to be a about overtime? This is not about those who do this have ear plugs; steak. I would ask if there is anyone meat. I will put the meat away. I maybe they hear nothing. I don’t who could tell me where this particular thank the Presiding Officer for allow- know. I have told often of my home- steak came from? The answer is no. It ing me to show a piece of steak on the town of 400 people, a tiny town in the is not labeled. Did it come from Can- floor of the Senate. There is not one southwest ranching country of North ada? You do not know. Did it come Member of the Senate who would know Dakota. I used to go down to see a from Mexico? You will not know. Gua- where that meat came from because it blacksmith, John Krebs. I was fas- temala? No. This meat is not labeled. is not labeled. It might have come from cinated to watch him work. He wore Let me read something about a pack- a plant in Mexico. It might have come these big gloves and he had this forge. ing plant in Mexico for the interest of from Guatemala. You do not know. I do He would pump that thing and get a the consumers in this country. In May not know. We do not know, but we fire going, and then I would watch him of 1999, one inspector paid a surprise ought to know. That is what the major- put a piece of steel in this fire. The visit to a meatpacking plant in Mexico. ity wants to prevent us and all con- steel would heat up until it was almost This is what he said he found: ‘‘Shanks sumers from knowing; and that is why white hot, and they would take it out and briskets were contaminated with they are wrong. with a big tool and go over to an anvil

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S68 CONGRESSIONAL RECORD — SENATE January 21, 2004 and start to pound on it and bend it. going to stand up in this country for wants to, that is fine. Does he want to You can bend it when you put heat on broad-based economic ownership, or make his first veto the country-of-ori- steel. whether you believe in the area of gin labeling, or the issue of overtime? That is a lot like politics. When you broadcast properties—those who deter- Does he want to make his first veto apply heat, that is when things bend in mine what we see and what we hear broadcast ownership limits? Maybe he politics. That is what this is about, and read, which increasingly are just a wants to explain that to the American trying to apply heat to those who went few people in this country—whether people, when the question is whose side into a room and said we are going to you believe they ought to be bigger and are you on? The answer from the White get rid of meat labeling, or we are bigger and bigger. One company now House must always be that they are on going to let the Labor Department tell owns over 1,200 radio stations in this the side of the big interests. Maybe he 8 million people they have to work country. I could bring out charts about should explain that. But we will never, without overtime pay for more than 40 all the broadcast properties in tele- apparently, confront those issues of the hours a week, or broadcast ownership, vision and radio. You would see there veto threats because in every cir- which is interesting for me. is this orgy of mergers and acquisitions cumstance in this Omnibus, things Broadcast ownership. Who owns and a dramatic and damaging con- were put in, or things were left out America’s radio and television sta- centration. that thwart the will of the U.S. Con- tions? That is a big issue. We voted on That is what this fight was about in gress. that issue in the Senate and in the the Senate and House. In fact, the Sen- What happened here is arrogant, just House of Representatives. The judg- ate passed a resolution of disapproval plain arrogant. So if you wonder why ment and decision we made was taken that I, along with Senator LOTT and we are upset, I have explained three of out of this conference after the con- others, on a bipartisan basis, passed in them: overtime, country-of-origin la- ference made the decision and closed the Senate—a resolution that dis- beling for food, and broadcast owner- the title by unanimous consent. I was a approved the entire Federal commu- ship. There are six or eight. I could go conferee; that is how I know. The con- nications rule dealing with expanding through more, but I will not. This is ference report on this Omnibus bill the ownership capabilities of the big wrong, what happened to this con- dealt with what both the House and groups for radio and television and al- ference report, flat wrong. Senate had decided, and that is that we lowing cross ownership of newspapers The majority leader is a good man. I will restrict to 35 percent national and broadcast media. We passed that am proud to serve with him. When he ownership, the ownership of television resolution of disapproval in the Senate says to us let’s have some bipartisan- stations. And that was standing up to that would disapprove the entire rule. ship, I say to him absolutely. But what they did on a partisan basis is arro- the big interests, taking on the big That is now pending in the House of gant. broadcast interests. We did it, Repub- Representatives at the desk. It is only There are provisions in this con- licans and Democrats together. We about 10 signatures short of passing ference report that shouldn’t be here, passed legislation in both the House there. They have, I think, 208 signa- and provisions that should be here that and the Senate, with Republican and tures. were taken out. It was arrogant. They Democratic support. You know what. Somewhere in a know it. This is not something we are When we finished, we went to con- closed room, with just a few folks de- going to allow to happen again. This ference. Sitting in the conference, ciding, they abridged the decision by place cannot and will not function this when we came to that title, I asked the the House, the decision by the Senate, chairman of the conference: Let me un- way. and explicit decision by the conference I want this to be a bipartisan institu- derstand what you now intend to put in committee of which I was a member, tion as well. While we might disagree this conference report because they with respect to broadcast ownership in from time to time, and we have people were about to close the title. I said: On television. I think that is a horrible of good character having a raucous de- the broadcast ownership issue, will this policy choice, aside from the fact that, bate, that is just fine. This country conference report include the 35-per- in my judgment, it casts aside all the will get, in my judgment, the benefit of cent restriction that passed the House rules as to how we do business. what all of us have to offer if we have and Senate on a bipartisan basis? The It is fundamentally wrong for this a good debate. I think Republicans answer was that, yes, it includes the Congress to weigh in and say, by the have something significant to offer our position of the House and Senate, the way, the sky is the limit; own every- country, as do Democrats. 35 percent. I said that I will then have thing you want. Let’s have one com- There are times when we have ag- no objection to closing this title. Bang, pany owning 3,000 radio stations. Let’s gressive debate about issues, and we the gavel came down, the title was have two companies owning all the TV pick the best of a competition of ideas. closed, and the conference resolved stations. You know that the FCC rule There are other times when we work that issue. It was done. says that in one big American city it together where we are near unanimous Mr. President, that is not what is in will be just fine if you own three tele- agreement. But this is not the way to this bill. That is not what came from vision stations, eight radio stations, work. This mistreats the minority. We the conference. I was driving down the the cable company, and the major are a significant minority at this road in my car about a week later and newspaper. That is fine. point, just a vote short of a 50/50 Sen- I heard on the radio that the Senate It is not fine with me. It is not the ate. was negotiating with the President on way things ought to be in this country. What happened here will not be al- a different number. That is what is in Yet it doesn’t matter how we vote in lowed to happen again. I say that to this bill. Apparently, conferences don’t the Congress. What matters is what a the White House and to the majority. matter. The gavel doesn’t matter. The few people stick in an omnibus report We insist on some semblance of bipar- chairman closing a title doesn’t mat- that comes to us, which contains provi- tisanship. ter. None of it mattered. None of it was sions that were not debated and not Let me make one final point. Not on the level. What is in this conference supported by either the House or the only on this but on other issues, the report expands the ownership capa- Senate. Why? I will tell you why. On majority decided not to have con- bility of broadcast ownership in tele- virtually all of these issues, the White ferences. They would have what is vision and radio—television with re- House says if you mess around with called ‘‘a virtual conference,’’ in which spect to this issue—in a way it abridges what we don’t like, we will veto this. they would conference with themselves the decision made first by the House, We have compliant folks who bow and exclude Democrats. That will not then by the Senate, then by the con- and say if you say ‘‘veto,’’ let us take happen again in this Congress either. ference. it out. By all means, let us satisfy the We will not appoint conferees unless I would like just one person to ex- White House, forgetting, I guess, that there is a commitment from the chair- plain to me that process, or the rules there are separate branches in the Gov- man of the committee that the con- that allow that process to bring that to ernment. We are not the White House. ference will meet with both members the floor of the Senate. What is this The President has not vetoed a thing of the conference, Republican and about? It is about whether you are since he has been President. If he Democratic caucuses.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S69 Even more than that, we will not tory of every animal you might want VA. There is a great delay in taking allow again something like this to hap- to feed out and sell. care of many of these people. pen: seven appropriations bills put in The ability of a large integrated op- According to a VA analysis, there are one omnibus and then in the middle, a eration which goes from cow calf to 15,813 service members who served in little folder is stuck in that abridges feeding, finishing and slaughtering, Operation Iraqi Freedom who have the rights of the majority and minority they are in a great position to live with been separated from military duty as with respect to specific votes in the the country-of-origin labeling. There of September 22 of last year. Among Congress. It is not the right way to do are some real problems, which is why these service members, almost 2,000, or business. we asked for a delay in the implemen- 12.5 percent, have sought VA health I accept the majority leader’s call for tation of the country-of-origin label- care during 2003. bipartisanship. As far as I am con- ing. There had been a new proposal for Every day we hear unfortunate and cerned, sign me up on things on which an animal identification system which sad news of American soldiers killed in we can work together. I want to do would make that prospect possible. In Iraq. As illustrated by the VA analysis that. People of good will should do that the absence of that, many of the indi- and scores of news reports, there are for the good of this country. But we vidual small cattle ranchers and hog thousands of service members who cannot call for bipartisanship unless producers in my State think it would were fortunate to live but were wound- we renounce the tactics that created be impossible for them to sell their ed in combat. As reported last October this conference report with respect to animals. 1 by USA Today: overtime, country-of-origin labeling, There are some conflicting needs. At least seven times as many men and broadcast ownership, and other issues. Those had to be resolved and, like any women have been wounded in battle as those Those people have a voice in this measure, an Omnibus appropriations killed in battle. Chamber as well—people who work bill has provisions in it that some peo- As these wounded service members hard, people who are consumers. They ple don’t like. Certainly, in almost are discharged from the military and have a right to be heard in this Con- every appropriations bill on which I confront new and challenging hard- gress, and they were not with respect work, there are provisions I don’t like. ships in piecing together a new life, to those provisions in this Omnibus But we have to get it passed by both most of them will depend upon the VA bill. Houses. We have to get it signed by the to meet their needs. I personally met Mr. President, I ask unanimous con- President. some of these service members when I sent that the Senate proceed to the im- I am here today to urge that, No. 1, visited Walter Reed Hospital last mediate consideration of a concurrent we move quickly to adopt the Omnibus month. I visited the VA facilities. I vis- resolution which I shall send to the appropriations bill and that we get on ited service members, such as Phillip desk correcting the enrollment of the and work on a bipartisan basis without Ramsey from Kansas City, MO, who omnibus conference report restoring delays, without having to invoke clo- was badly wounded in Iraq and will ul- the media ownership language to that ture to pass appropriations bills for the timately require extensive, long-term which the conferees had originally coming year. care from the VA system as well. agreed to; that the concurrent resolu- With respect to the Omnibus appro- Further, we know that the demand tion be agreed to and the motion to re- priations bill, I wish to call the atten- for VA medical care is not going to consider be laid upon the table. tion of my colleagues to some very im- lessen. We have already seen the VA Mr. BOND. On behalf of the Repub- portant provisions. There are problems medical care system being over- lican leadership, I object. that are happening every day because whelmed by the staggering increase in The PRESIDING OFFICER. The ob- we were not able to pass the Omnibus demand for its medical services. jection is heard. appropriations bill in December. We Since 1996, VA has seen a 54-percent Mr. DORGAN. Mr. President, my col- worked on a bipartisan basis. The dis- increase, or 2 million patients more, in league from Missouri and my colleague tinguished ranking member of the VA– total users of the medical care system. from Rhode Island are waiting. I thank HUD Subcommittee, Senator MIKULSKI Further, the VA projects that its en- them for their indulgence. I yield the of Maryland, and I put together what is rollments will grow by another 2 mil- floor. a very difficult bill, but we think it is lion patients from a current level of 7 The PRESIDING OFFICER (Mr. GRA- a very important bill. Probably the million to 9 million patients in 2009. HAM of South Carolina). The Senator most significant part of it is for med- Getting the funds that we have ap- from Missouri. ical care. proved in the Senate, approved in the Mr. BOND. Mr. President, I ask unan- The Omnibus appropriations bill pro- conference committee, approved on the imous consent that after I finish my vides $28.3 billion in funds, including floor, and signed by the President is remarks, the Senator from Rhode Is- third-party insurance collections. This absolutely essential. land be recognized. amount is $3.1 billion over the fiscal In addition, construction projects for The PRESIDING OFFICER. Without year 2003 enacted level and represents a new medical facilities and improve- objection, it is so ordered. 12.3 percent increase over the previous ments to existing facilities will not go Mr. BOND. Mr. President, I have year’s enacted level, the one that will forward without this Omnibus bill come to speak about the Omnibus ap- have to stay in effect if we continue to passing. Under a year-long continuing propriations bill. I say to my good work under a continuing resolution. resolution, the VA would not be able to friend from North Dakota, sometimes At this point, our problem is we ei- begin funding construction for new fa- it is frustrating. We spent 8 years with ther pass this bill or go back to a con- cilities in Las Vegas and Orlando. Fur- an administration of his party, and tinuing resolution. The figure of $3.1 ther, funding for the development of 48 there were many times we had to billion less for the current year means high-priority, new, community-based change appropriations bills. We had a great hardship, great delay for our VA outpatient clinics, and a number of very frequent presence from the Office health care, among other things. new nursing homes will be curtailed. of Management and Budget, and in Make no mistake, these funds are ur- In the years I have worked with the order to get bills signed, we had to ac- gently and desperately needed by vet- VA in my current position, providing cede to Presidential requests. erans, especially for those who return community-based outpatient clinics is In this bill, obviously, there are some from Iraq and the global war on ter- the most effective, humane, and effi- very important provisions. When we rorism. cient way of delivering service to VA- are talking about country-of-origin la- If my colleagues visit, as I have, VA qualified veterans who would otherwise beling, the concern that comes to facilities, the Washington VA, and the have to travel perhaps as much as hun- many of us in livestock-producing VA facilities in my home State, any- dreds of miles to get primary and rou- States, cattle producers and hog pro- place they go they will find there is a tine care. ducers, if you are a small independent tremendous delay in the ability to care In another area, for 2003, pharmacy operator and you don’t have a totally for and take on veterans who qualify costs rose over 11 percent, and the VA integrated operation, you have a very under the greatly expanded eligibility is continuing to see increasing de- difficult time getting a total life his- scope the Congress has mandated on mands for prescriptions each month.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S70 CONGRESSIONAL RECORD — SENATE January 21, 2004 The continued rising demand for pre- in the 2004 Omnibus appropriations and, in terms of procedure, very dan- scriptions is stripping funds from other conference report on the VA/HUD and gerous to the functioning of this body priority areas as VA continues to oper- independent agencies. Space science and, indeed, to the constitutional obli- ate under last year’s funding level. would be forced to accommodate the gations we must perform. Furthermore, the VA provides a high reduction by cutting missions that are These provisions, with respect to priority to the highest quality of life currently in the pre-development guns, reduce law enforcement’s abili- long-term care for each of its elderly phase, both technology and advanced ties to carry out their responsibility to veterans. The VA planned to expand its concepts, which would likely result in enforce our Nation’s gun laws, and they program by over 20 percent this year, delays to missions on origins, solar do not provide any benefit to law-abid- but the VA will not be able to expand space exploration, and Sun-Earth con- ing gun owners. The other people who its long-term care services under a con- nections. benefit from these provisions are tinuing resolution funding authority. NASA is also relying on the 2004 om- criminals and prohibited purchasers, This, in my view, is not the way we nibus level for the space shuttle pro- those who should not have firearms, should treat the men and women in gram in order to accommodate return according to the laws of this country. uniform who have served America. to flight requirements. If forced to op- Again, I hear time after time that all The VA has made significant strides erate under a full-year CR, the ability we should do with respect to gun safety in improving claims benefits proc- of the space shuttle to accommodate in this country is just enforce the laws. essing, but the VA’s efforts would these return to flight requirements This is the mantra of the NRA and of again be curtailed under a continuing would be reduced by nearly $60 million. the gun advocates. But how can you en- resolution. The VA is currently on Finally, the Corporation for National force the laws if law enforcement au- track to reach their goal of no longer Community Service would be forced to thorities are required to destroy infor- than 100 days to process these claims, limit grant awards to AmeriCorps pro- mation they obtain through the gun down from 233 days, which it was pre- grams throughout the country since sales procedures under the Brady Act? From the beginning, this attack on viously. They are trying to get there the CR does not provide adequate fund- law enforcement’s authority has been by the end of 2004. However, with a con- ing to reach the President’s goal of highly suspicious. According to a re- tinuing resolution level at the 2003 75,000 volunteers. Under a year-long port in the Washington Post on July 21, level, the current year, the Veterans CR, the corporation would only be able 2003, Representative TODD TIAHRT, in Benefits Administration would have to to support between 45,000 and 47,000 the words of the Washington Post ‘‘sur- cut 500 full-time employees. Such a re- members, about 40 percent less than prised many of his fellow Republicans’’ duction would be catastrophic to the provided under the Omnibus appropria- when he offered an amendment in the timeliness of claims processing and the tions bill. House Appropriations Committee. In expeditious delivery of benefits such as We went through a period of prob- fact, Representative FRANK WOLF, who pensions to the needy, education bene- lems that have occurred in the Cor- poration for National and Community chairs the Commerce, Justice, State fits, and home loans. Subcommittee on Appropriations, ob- At a continuing resolution for 2003 Service. Senator MIKULSKI and I jected to the amendment, saying he funding level, the VA cemetery serv- worked to help them straighten out the had not had time to review it prior to ices would be critically impacted and problems. On a bipartisan basis, they its presentation. But Representative would result in delays in awarding have had strong support for getting TIAHRT refused to withdraw the amend- shrine commitment contracts, award- back to the great work of the many ment and he won passage on a 31-to-30 volunteer programs, including ing grants for State veterans ceme- vote, over the opposition of Chairman teries, and a reduced level of staffing AmeriCorps. Without this funding, WOLF and Appropriations Committee that would negatively impact cemetery there would be a drastic setback and Chairman BILL YOUNG. we would find that the level of activity maintenance. Meanwhile, Mr. TIAHRT assured his America’s veterans rely on the VA to would be significantly reduced. colleagues that the NRA had reviewed These are just some of the reasons, provide the services they need and have the language. He said, ‘‘I wanted to from the perspective of the VA/HUD earned. Now is not the time to reduce make sure I was fulfilling the needs of funding levels, and that is one reason I and Independent Agencies Sub- my friends who are firearms dealers’’ urge my colleagues to approve this Om- committee bill, which is included in and that the NRA officials ‘‘were help- nibus bill. the Omnibus bill, why I hope col- ful in making sure I had my bases cov- In HUD, Housing and Urban Develop- leagues on both sides of the aisle will ered.’’ ment, under a continuing resolution, agree we need to get on with this bill This insertion of language over the the Section 8 Voucher Program for the and go to work on the current year’s objections of the subcommittee chair- needy who get housing through a business. We have far too little time to man and the full Appropriations Com- voucher provided by the Federal Gov- deal with all of the things we must deal mittee chairman, at the behest of the ernment would be $2.1 billion short. with, and I hope we could get on with NRA, to take care of your friends who That would result in tens of thousands the job. are firearms dealers is not what we of low-income families without rental Mr. REED. Mr. President, I express should embrace in this Omnibus appro- subsidy assistance and potentially dis- my deep concern about several provi- priations bill. place them. Certainly, that is not sions contained in this omnibus legisla- In the conference between the House something we want to see done. That is tion. Many of these provisions were in and the Senate, appropriators modified another reason we have to pass the direct contradiction to the bipartisan several of the provisions on a bipar- Omnibus bill. actions of this Senate and the House of tisan basis of the original amendment For the Federal Housing Administra- Representatives. It is alarming to me offered by Representative TIAHRT. But tion single family and multifamily in- that in an Omnibus appropriations bill the Republican leadership later in- surance fund programs, the continuing that the will previously expressed by serted a most objectionable item over, resolution’s limitations for the mutual both the House and the Senate would presumptively, the objections of the mortgage insurance and general insur- be contravened so arbitrarily and so committee chairman and the sub- ance/special risk insurance programs dramatically. I am concerned about the committee chairman. The provision will be hit well before the end of the process, as well as the specific issue would require the FBI to destroy ap- fiscal year. That would result in a sus- that I come to speak about today. proved gun sale records within 24 pension of new mortgage activities for First, tucked into this massive hours. a wide variety of home ownership and spending bill are several out and out The 24-hours-records-destruction pro- multifamily housing programs. gifts to the gun lobby. Some were in- vision would put more guns in the Moving on to NASA, our space pro- cluded in a controversial House amend- hands of criminals by preventing the gram, under a year-long continuing ment and another was slipped into the FBI from discovering and correcting resolution space science activities bill later by the Republican leadership erroneous gun sales under the National would be reduced by approximately without a vote by the House and Sen- Instant Criminal Background Check $425 million from the amount included ate conferees. That is highly unusual System.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S71 Currently, approved gun sale records the assault rifle used in these attacks. stands up and says just enforce the are retained for 90 days to allow the After the snipers were apprehended, laws, remember you can’t enforce the FBI to perform audits of the National the gun was recovered and was traced laws if you don’t know how they are Instant Criminal Background Check back to Bulls Eye. What did they say? being enforced—and that is the purpose System, to ensure that if criminals or They had no record of selling the gun. of this provision—and you certainly terrorists or other prohibited pur- They didn’t even know the gun was can’t require law enforcement authori- chasers have acquired such a weapon missing until the shooting spree was ties to enforce laws when they are pro- incorrectly, and contrary to law, that over. The snipers’ gun was just one of hibited from having the information to these mistakes can be corrected, that more than 238 firearms missing from do that. the guns can be retrieved. This is not Bulls Eye’s inventory during the pre- This is an important right for the an imaginary problem. The General Ac- vious 3 years—a dealer who is missing public to know, particularly with re- counting Office found that the during 238 weapons in a 3-year period, one of spect to firearms tracing from crime the first 6 months of the 90-day reten- which turns out to be the murder weap- scenes. As a result of publicly available tion policy, the FBI used retained on in one of the most heinous assaults information, there have been identified records to initiate 235 firearm retrieval in the United States in many years. several firearms dealers who were the actions, of which 228, or 97 percent, The ATF proposal requiring dealers source of a preponderance of weapons could not have been initiated under the such as Bulls Eye to conduct annual at crime scenes. That is valuable infor- next-day destruction policy required by physical inventories is still pending. mation, not only to law enforcement this Omnibus appropriations bill. We should be urging them not to sus- authorities but to the general public, Let me repeat that. In a 6-month pe- pend this rule but to enact this rule. and that information should be public. riod, the auditing of these records en- What could be more commonsensical, We are facing numerous problems abled retrieval of 235 firearms that more obvious, after the sniper killings about gun violence. We have the threat were in the hands of prohibited per- in Washington, than allowing the ATF of terrorism. Last night the President sons—criminals, people who were to promulgate a rule so there is at spoke repeatedly about terrorists. This spouse abusers, the whole category of least a physical inventory and require- is a situation made to be manipulated perpetrators who are prohibited from ment to report missing weapons? by terrorists who want firearms. If the having firearms because of their We have learned nothing from the record of their purchases is destroyed records—235. If this rule were in effect deaths of these people. We have learned in 24 hours, if there is no requirement then, they would have recovered 7, nothing from the death of Conrad for an inventory of weapons, think of leaving 228 with dangerous individuals Johnson, a bus driver sitting in his bus how we are setting out a situation that whose conduct has already underscored reading his paper at 6:30 in the morn- can be exploited, not just by criminals their unworthiness to carry a firearm. ing, supporting his family—his wife but by people with even more malign They would have had these weapons. I and his children—who was killed by designs on this country. We are doing can’t see any other result of this policy these snipers. it and we are doing it in the middle of than to put more weapons in the hands This, to me, is preposterous. Yet here the night, figuratively speaking. None of identified criminals or identified we are, trying to take an omnibus bill, of these issues was fully debated, par- violent individuals. holding billions of dollars in appropria- ticularly the destruction of records No one in this country is walking tions for all the programs my colleague within 24 hours. Procedurally we around saying let’s give violent crimi- from Missouri talked about that we all should reject it. Substantively we nals more guns. Again, the mantra is: support—holding them hostage to pro- should reject it. Just enforce the laws. Make sure those visions like this, to provisions that fly There is another issue we should be criminals don’t have access to weap- in the face of our experience and that concerned about that many of my col- ons. This provision cuts at the heart of undercut all the rhetoric when we leagues mentioned, and that is the all the rhetoric and all the hyperbole talked about learning from the mis- overtime rule for American workers. about ‘‘just enforce the laws’’ and takes of the past, from ensuring that Last year, the administration an- ‘‘guns don’t kill, criminals kill,’’ and criminals don’t have weapons, from en- nounced its proposal to significantly exposes a grotesque miscarriage of jus- forcing the laws. We are undercutting weaken overtime protection. The pro- tice. That is why organizations such as the ability of law enforcement to do posal would take away from many the International Association of Chiefs their job. hard-working Americans their ability of Police and the FBI Agents Associa- Finally, this bill prohibits release of to earn enough to support their fami- tion oppose this provision. any information regarding firearms lies. The timing of this proposal is even But that is not all that is included in production or sale that is required to more egregious. It comes during a pe- this Omnibus appropriations bill. The be kept by gun dealers or manufactur- riod when more and more Americans bill would also prohibit the ATF, the ers. In addition, no information or are struggling to make ends meet and Alcohol, Tobacco and Firearms Bureau, records regarding multiple handgun while the country is bleeding jobs over- from finalizing a proposed August 2000 sales—where two or more handguns are seas. rule that would require gun dealers to sold to the same buyer within 5 days— It was announced this week that IBM conduct an annual physical inventory or crime-gun-tracing information that was going to hire 15,000 people this of the weapons in their possession. The is reported to the ATF could be re- year. The only problem is that they are purpose of the proposed rule is to allow ported to the public. No, let’s throw a only going to hire about 1,500 in the dealers to go ahead and identify miss- cloak of silence over all of these laws, United States. ing and stolen firearms and report eviscerate the regulation, and prevent Yet for those people who are strug- them to the ATF in a timely fashion. any disclosure of information that gling to find jobs, to keep jobs, and to You would think every responsible should be public. better their lives, we are telling the dealer in this country would conduct ATF has in the past made this infor- employers they do not have to pay periodic inventories and, as soon as a mation available under the Freedom of overtime. It doesn’t make sense to me. weapon was discovered missing or sto- Information Act, but this information It doesn’t make sense to this Senate len, their first instincts would be to has been used to highlight some of the because on September 10, the Senate contact authorities. But we know that discrepancies and difficulties and defi- passed a measure to prevent millions of is not the case because this community ciencies in our gun laws. As a result, American workers from being stripped of Washington, DC suffered through a the gun lobby doesn’t want it out: No of their overtime. We acted in a bipar- string of sniper killings months ago information, no knowledge, no prob- tisan fashion. In doing so, we re- that traumatized not only Washington lem. That is not right. There are prob- affirmed our support for protecting but the entire Nation, and this string lems here, problems we should address these hard-working Americans. of sniper killings can be traced back to responsibly, and we are undercutting a Unfortunately, safeguards to over- a weapon at Bulls Eye Shooter Supply, responsible approach to ensuring that time pay were stripped out at the the gun seller where John Allen Mu- the present laws on the books are en- President’s request, again leaving hammad and Lee Boyd Malvo obtained forced. So the next time someone Americans vulnerable.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S72 CONGRESSIONAL RECORD — SENATE January 21, 2004 At a time when the President is talk- I think these two provisions are prob- ask themselves the following questions ing about job growth and providing ad- lematic. Many more of my colleagues about the funding of the Government: ditional benefits to families, why does have spoken about that and have called Should funding for most Federal de- he want to weaken the laws designed to into serious question both the proce- partments and agencies be at the levels create jobs and to protect hard-work- dures that brought us here and cer- we agreed to in the last budget resolu- ing Americans? We know what is hap- tainly the substance of these proposals. tion, which we negotiated with the pening today. Employers are not hiring At this time, in conclusion, I would President, or should it be funded at a full-time workers. They are extending like to propound a unanimous consent lower level and perhaps not at all? the hours of their existing workforce request. Should we fund the FBI at $320 million because of the pressures they face. I ask unanimous consent that the less than we planned, even though When you lower the number of people Senate proceed to the immediate con- most of that goes to their counterter- who qualify for overtime pay, that is sideration of a concurrent resolution rorism activities? Should we fund em- an incentive to continue that practice which I shall send to the desk cor- bassy security at the State Depart- of simply extending the hours of cur- recting the enrollment of the omnibus ment with the extra $15 million we rent workers and not hiring new work- conference report; the resolution agreed it needs for safety? Should we ers. This will go against our hopes by strikes the language which requires the improve food security by providing the all, I believe, that this year our econ- FBI to destroy gun purchase back- Food Safety Inspection Service with omy can start hiring people again—not ground check information after 24 the additional $20 million we agreed to? simply adding a few hours to the work- hours; that the current resolution be Should we keep faith with those who day of existing workers. But certainly agreed to, and the motion to reconsider have borne the brunt of battle in the those few hours of additional work de- be laid upon the table. war on terrorism by providing veterans serve to be compensated by overtime. Mr. MCCONNELL. Mr. President, I medical care with the extra $3.1 billion This law cuts it. About 11 million object. we agreed to? The PRESIDING OFFICER. Objec- workers receive overtime pay. Many These questions obviously answer tion is heard. themselves. Instead, we wrestle with understaffed fields such as nursing are Mr. REED. Mr. President, I yield the these questions still as we try to fund required by law in many communities floor. to pay mandatory overtime. Yet under The PRESIDING OFFICER. The Sen- these programs. As we try to fund the this rule, that mandatory overtime ator from Kentucky. Government for this year at the levels would not in all cases be compensated. Mr. MCCONNELL. Mr. President, this agreed upon in last year’s budget reso- Other workers rely on this extra in- is a time of challenge, and it is time for lution, we cannot begin to set the come simply to make ends meet. The the Senate to step up to meet those budget priorities for next year. The people who are in danger of losing their challenges. Senate cannot meet the demands of to- benefits are health care workers and As the President carefully outlined morrow if we are, today, revisiting the technicians, paralegals, restaurant last night, because of the filibuster in agreements of yesterday. workers, draftsmen, therapists, retail the Omnibus appropriations bill we The demands of tomorrow are not managers, news reporters, police offi- find the Senate almost 5 months into going to go away. As the President cers, firefighters, and even military re- the fiscal year still wrestling with the stated last night: We may believe the servists. remaining funding bills from the year danger of terrorism is behind us. That What I find most objectionable is in which we are currently involved. We hope is understandable, comforting— that this proposal basically says that started a new calendar year trying to and false. reservists who are coming back who finish the business of last year. The The President is right. We have done have had certain kinds of training in Omnibus legislation is finished, and it much to improve America’s security: the Armed Forces are no longer consid- is ready to pass except for the fili- our economic security, our health secu- ered eligible for overtime pay. This is buster. With its passage, the Senate rity, our homeland security, and our preposterous. These individuals could will finally complete last year’s busi- national security. But it is false hope, literally have left their employment a ness. indeed, to believe we have done all that few months ago to respond to the call To be sure, much of the Nation’s can be done or should be done. Eco- of the Nation in a time of danger and business was accomplished by the Sen- nomic security is improving as the receive some training while they are in ate last year. We had hoped to be able economy grows and the unemployment the military, or have that training be- to finish the appropriations business rate declines. Health security has im- fore on the weekends as a reservist, last December. In fact, last year the proved with enactment of a prescrip- and now find themselves penalized for President called for an economic tion drug benefit in Medicare for sen- the training they received in the mili- growth package to create jobs. The iors and enactment of health security tary in terms of getting overtime pay. Senate passed it, and that plan is clear- accounts for workers. That is preposterous. That is what this ly working. While homeland security has also im- rule would do. It could affect thousands Last year, the President called for a proved, more must and can be done, of military reservists. That is not only Medicare drug plan so that our seniors but not if we are wrestling with the unfortunate in individual cases, but would never have to choose ever again FBI budget of last year. that is a stunning snub to Americans between groceries and needed prescrip- The national security needs in the who are risking their lives in serving tion drugs. The Senate passed it and coming years require our full atten- their country collectively. that help is on the way for our seniors. tion, but that is not possible if we are I again am amazed that such a pro- Last year, the President called for still fighting to fully fund the State posal would even be submitted, and I full funding for homeland security. The Department embassy security for last am more amazed that we would, today, Senate passed it, and America is safer. year. be prepared to vote on it in this Omni- Last year, the President called for Thomas Jefferson advised us that bus appropriations bill. funding of the liberation and recon- eternal vigilance is the price of free- American workers work more hours struction of Iraq. The Senate passed it dom. Ever since he stated those words, than any others in the world—1,900 and freedom is rising. America has tried to assess how they hours per year. Yet, still, they need In normal times, that would be in- apply to us at a particular time and as more to get by and to make ends meet. deed a phenomenal record. But these we confront a particular challenge. The I am amazed that the administration are not normal times. These are times President has assessed the unprece- would continue on this track of under- of unprecedented challenges. dented challenges of our times and pro- cutting overtime in the United States, The Senate’s historic pattern of stu- vided unprecedented leadership. and I am extremely disappointed. dious delay is out of touch with these Our Nation has responded to the Rather than trying to undercut the demanding times in which we find our- challenges as well. From issues of secu- wages of Americans, we should be look- selves. rity to issues of prosperity, our coun- ing for ways to increase the wages of This filibuster needs to come to an try is moving forward behind the Presi- Americans. end. To that end, each Senator must dent’s leadership.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S73 The Senate should respond as well. looking at a point in time not too far they are not producing LNG to give it But when we delay this bill for no rea- down the line when the major sources away. They are producing it to sell and son other than for delay itself, we are of energy for Americans will be so ex- to sell to us. not meeting the challenges of our time. pensive that the American people will The bottom line is, we are allowing This is a bill that should have been wonder what happened. ourselves to become dependent upon passed months ago. I am stating what is happening: imported energy. The EIA predicts that There is a price for delay. We see it Three or four Senators will not let us 36 percent of all our energy will come in the reduced funding of the FBI, em- pass an Energy bill. That is what is from overseas by the year 2025; up from bassy security, food security, and, of happening. 26 percent in 2002. Just think of that. course, veterans health benefits. Yesterday, natural gas was over $6.50. I believe some of my colleagues who We cannot yet see the price we will To put that in perspective, when I first do not like the current Energy bill and pay tomorrow for our delay today, but came to the Senate people—people can who want to duck and hope the energy it is surely there. We delay setting the look at me and guess how long that prices will come down are going to just priorities for next year and building was; some would say I look as if I have wait and see. They will not be coming upon the security we have achieved in been here 100 years; some might say 15 down; they are going to go up. And the last 3 years. We delay making our years. I have been here 31 years. Ten when the question is asked, what did Nation safer and we delay making our years after I came here, we were talk- we do about it, it is going to be easy economy stronger. ing about deregulating natural gas and for some of us. We are going to say In these times of challenge, the time the price of natural gas was 38 cents. there was a chance to pass a bill, and for delay is over and the time to act is Compare that to $6.50. because of two Senators it did not pass. now. It is my hope and the hope of We can look around the world and see Two Senators decided they would not many Senators on both sides of the what is happening. The great big mon- vote for cloture, so the Energy bill, aisle that tomorrow we will be able to ster economy called China has decided which would have done a lot of things wrap up the business of last year, fi- they do not have enough energy for which I will quickly outline in a mo- nally, and get this important Omnibus their growth. They cannot find a way ment, was not passed. appropriations bill down to the Presi- to quench their thirst for oil. Nobody First, let me tell you about a couple dent for his signature so we can begin knew that. It just came upon us. China, things that we hear about often that the work of the year in which we cur- the fastest growing economy in the the bill does not have in it. The bill rently find ourselves. world, has put the word out: Buy oil. does not have a change in the CAFE The Senator from New Mexico is And even more than that: Buy the oil- standards on automobiles. Because of here. I yield the floor. fields. Go invest money with oil compa- that, some of my friends on the other Mr. DOMENICI. Mr. President, I nies and start owning the oil in the side of the aisle, including the distin- thank Senator BOXER who was entitled world. The underlying theme is China’s guished junior Senator from New Mex- to go next. Before she got down here, thirst for natural gas, as well as to fuel ico, say this bill should have that in it we intervened and asked her if it would its industrial revolution. and we have shirked our duty. be possible I go ahead of her. So I will Yesterday, China reported economic Let me say to all of you, what do you be next. We are trying not to break the growth of 9.9 percent. When there are do when one House of the Congress commitment of one side and then the over a billion people—1.3 billion or 1.4 does not want something? And what do other side, but I will not be here if I billion—and they finally decide to take you do when you cannot pass it in the cannot speak now. I am on my way to on some aspects of capitalism, they are Senate, you cannot pass CAFE stand- New Mexico to meet the President, ul- producing overwhelming amounts of ards in the Senate, and if you passed it timately in Roswell, NM. goods and services for themselves and in the Senate, the House will not take Mr. President, I said yesterday to a for the world. Whether their leaders it? Let’s talk it up. It might be some- large group of Senators that it is about call themselves Communists or not, thing we ought to be doing, but you time now to speak about the energy they love dollars and they love to cannot do it. Does it mean we should situation in America since we have a produce things and sell to the world. quit, and it does not mean that is bill before the Senate that missed, in They are a huge problem. But China is enough to kill a bill? terms of filibuster, by two votes. That not alone. The population and eco- Secondly, MTBE liability. You all means that in normal times that bill nomic growth is creating a voracious know what that is. It is in the bill be- would have passed handsomely. new demand for energy and the world cause the House insisted upon it. Is it What is happening around here, if is following in our footsteps. the end of the world? I do not think so. you do not get your way, instead of The bottom line is we are allowing Is it enough to kill an energy bill? I voting on a bill, you threaten to fili- ourselves to become increasingly de- doubt it. buster. The American people have pendent upon imported energy. We A renewable portfolio standard probably seen more 60-vote issues in used to say ‘‘imported oil.’’ Now I can means one group wants to not only the Senate in the last 5 years than in say ‘‘imported energy’’ because we are give a wonderful tax credit to wind- modern history. Almost every issue is beginning to import, or will have to mills and solar energy, but they want turned into a 60-vote issue by a threat soon, natural gas, liquefied natural to mandate a percentage each State to filibuster. That was done on the En- gas. We will have to buy that from must produce. That is what these ergy bill. overseas. And we ourselves will become words mean: renewable portfolio stand- My friends, I can state what is hap- dependent upon foreign natural gas ard. It is a mandate of a percent. Isn’t pening but most of it is right in front just as we have grown dependent on oil that interesting? Every State does not of your face. We have the worst case but it will happen quicker and be more have wind, but they are mandated to scenario in much of the energy-con- devastating. produce a percent of their energy from suming areas of the country, from the Yesterday, unknown to most, a ter- wind. Can you imagine what is going to Rockies to New England, with the cold- rible event occurred with reference to happen administratively? They are est 10- to 20-day period since the win- the production of LNG, natural gas’s going to have to buy credits or they ters of 1977 and 1978. It was 14 degrees substitute. A plant blew up in Algeria. are going to have to do something, be- at my house this morning a block and Who would have been worried about it? cause this law would do that. a half from the Hart Building. Why would a Senator from New Mexico Frankly, the Senate did not want it, Accuweather is predicting within 2 even have read about it 10 years ago? and the House did not want it, but a weeks we could have the coldest weath- Well, we did not care about it because few people said: We will not vote for er we have seen in 25 years. we did not use it. But a plant blew up. the bill unless that is included. How do Some people love the cold. Some peo- Forty-three people died, and all the you put it in when over half the people ple love the snow. But the point is production of LNG went out the win- in both bodies will not vote for it? Cer- America should not be brought to its dow. Now, that is not our production. I tainly, the House told us, in 30 seconds: knees economically and otherwise be- should not be here crying about their Do not talk about a percentage, a man- cause we have a cold winter. We are losing it. But what I am telling you is, date. We will never put it before the

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S74 CONGRESSIONAL RECORD — SENATE January 21, 2004 House. We do not want it. That is the And listen up. It expired as of January newspapers around the country an un- end of it. 1. It is not there for those who are signed document where they mali- Now, we all know ANWR is still building windmills. They know it is ciously and erroneously talk about hanging around, we all know the giant gone. It is in this bill. It is there for that plant. Some people have refused issue of offshore drilling is still hang- biomass and a lot of other things. to use it, thank you, because they ing around, and they are not in this Now it makes a new generation of didn’t sign it. Nobody signed it. But bill. clean coal possible through tax credits somebody used it on the floor of the Like it or leave it, the bill represents and research and development. As gas Senate and said that New Mexico stood the current consensus position of the prices climb, we are going to burn more to gain $500 million to $700 million, and Congress. If we were looking at 51 votes coal. I would like that to be as clean as what a shame that such pork is in the being necessary, which is what you possible, and this bill makes that pos- bill. usually need, this bill would be over sible. That isn’t even in the bill. Read it. It with, the points of order would be done It results in more domestic oil and says anybody who wants to build a new with, and we would be on our way to gas production. plant of that type, two things will hap- doing what it does. It will result in the construction of pen—it says anywhere, not just New I believe the deal before us is the perhaps four nuclear powerplants. Mexico. The license will be approved in only one that does enough, that can Some other things have to happen, but 2 years and, second, if they want to currently be reached. I do not believe it it opens the door. make an agreement for the Federal is possible to go back to the table and Frankly, I believe that for this world Government to dispose of their waste, negotiate a different agreement. Why? crisis I have been talking about, of ev- they can make one, and they will have Because whatever we bring to the floor erybody wanting more energy, there to pay the Federal Government full will be debated ad nauseam. are only a few ways to dampen the im- price. What this company—which The last time we tried to pass a bill pact of that on the world. One of them wants no competitor to be built—did to go to the House with, you all re- is going to be new, modern, different was price out what you might have to member, there were 370-plus amend- nuclear powerplants. No doubt about pay the Government, and then said we are giving it to a State—a total un- ments pending up there at the desk it, that is going to be one of them. America led the way. We ought to con- equivocal fabrication. when we struck a deal with the Demo- Many of the other so-called lard mat- tinue leading the way. crats to take last year’s bill. Remem- ters in this bill have been matters that This bill will result in encouraging ber that? That meant they were not have been around here for years for the use of hybrid cars because there is very interested in helping us get a bill States that produce much of our oil a big tax credit for them. In fact, those then. That is something I direct at a and gas. They finally got a chance to number of Democrats who might not companies that are exploring them be- have some equity done to them. When have thought they were doing that, but lieve they could never sell them with- you finally get there and you have the that is what they did. Luckily, the mi- out the credit provided in this bill. best package you could ever put to- nority leader said: Why don’t you take It massively expands our use of do- gether, I don’t know why we have Sen- last year’s bill, and I told our leader, mestically produced ethanol, meaning ators who find excuses. I think it is be- BILL FRIST: Take it. I think they could our farmers will be more in command cause they don’t believe there is any- not imagine we would take it. We took of their future and their destiny than thing that can be laid to rest on their it and went to conference. And then, of ever before. shoulders in terms of what they have course, we could negotiate around all Needless to say, bills do strange done for this great country and what the bills. things. This bill is more for the farm- they have failed to do. (Ms. MURKOWSKI assumed the ers than anything else we have ever I actually believe that of all the Chair.) done. Everybody knows it. I asked yes- things domestically that the President Mr. DOMENICI. I know if we are terday in the presence of 30 Senators, of the United States mentioned, and all going to be able to get 60 votes for this those who have big farms and much the things we will be debating, there is agreement—I do not know if we are corn production, would you tell me nothing more important than what we going to be able to, but, frankly, there what the most important issue in your do about our energy availability for fu- is part of me that is quite all right State is? Is it ethanol? Every farm ture generations. It is No. 1 in my with that. As prices and imports rise, State Senator in that room said it is book. You have not heard much from Members are going to begin to recon- the No. 1 issue in their States. me because, after working for months sider their position. They are going to How many times have we taken the on it, I was shocked that I could not begin to reconsider their opposition to floor of this Senate since Senator REID get 60 to vote to get around a fili- domestic production. I believe at some and I have been here, when Senators buster. I believe sooner or later those point, if we do not take intervening have come and said: We have to do this who have done this to this bill will pay steps, we will be forced to open ANWR. for all the farmers? It just happens the piper politically. I say to our Presi- I say to the occupant of the chair, that the farmers are in this bill. It is dent: I believe you ought to be pushing which you have been advocating since going to produce a substantial amount this bill a lot harder. the day you arrived, and for the many of gasoline because ethanol is an addi- Some worry about its cost. Let me days you were in your State legisla- tive that will expand the use of gaso- tell you, the cost of this bill is infini- ture, unless we get control of this situ- line immensely. So throw it away be- tesimal compared to the cost to future ation, I think we will find ourselves cause you don’t like some provision or generations of not producing natural confronted with that decision, sooner you believe what many have been say- gas from Alaska, leaving it up there in- rather than later. ing about this bill—that it has too stead of bringing it down here, and all As much as we possibly can, without much pork in it. the things like that which are in this a new political consensus about energy, Well, I can tell you that if we have bill. It is absolutely crazy. Costs, say this bill addresses the following prob- time available at another time, we will some, are too much. If everything has lems. This is a minimal list. talk about the pork. I will tell you to be paid for, and it goes the way it One, it makes regulation of the elec- about one piece, and it has been writ- says, it is $1.6 billion a year. Do you tricity grid predictable so new invest- ten many times because one Senator know what that means? Americans ment can flow into the transmission used it on the floor twice. It has to do spend $400 billion a year on energy. If system. It is a huge part of our prob- with a new plant that might be built in that is going up 10 percent, when the lem. my State, which will be the construc- rest of the domestic product is only Two, it encourages massive new con- tion of a new plant for highly enriched growing at 2 percent, that would be an struction of windmills—60 gigawatts is uranium. We only have one such com- 8-percent differential. Just do the expected, at a minimum, of new wind pany in America. Shameful. We used to arithmetic. Eight percent times 400 is power, about 10 times the current have all that market. This company $32 billion a year in cost growth being amount. Why? Because this bill makes that exists now doesn’t want a new one put on the backs of hard-working the production tax credit permanent. built. They have sent to Senators and Americans.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S75 It is time we talk real sense about proved legislation, how in the world vision in it. Country-of-origin labeling this. I will not let it go. But you all you think the conference committee is not in the bill. know there is only so much you can do can stick it in when both bodies have I don’t think that is a real good deal. and only so much of yourself that you not agreed to it. With the omnibus bill, It is too bad. But he did the same thing can give to an issue. You have one you have the opposite situation. In the with how much ownership these big thing growing up after another that omnibus bill now before the Senate, broadcasters can have. people invent and argue about, and you have the Senate and the House I didn’t come here to talk about this, that same person just fails to want to duly assembled who have voted over- but with what Senator DOMENICI said argue about the validity of the entire whelmingly to support provisions, and about if you don’t put something in a bill. It is truly something that we the President and his minions go to the bill, how do you expect it to be stuck would look at America and say we love conference committee and say you are in conference, I say if you put stuff in democracy and we love to vote, but going to take these things out or you a bill that is passed by two duly assem- this is one that it sure would be good if are not going to get a bill. bled bodies, how in Heaven’s name can some of these things could be done by Are they things that don’t matter? the President in conference demand it the President of the United States. Not No. They are very important. For ex- be taken out? He has done it, especially so. Can’t be. We have to go do it. ample, overtime. The President wants on issues that deal with the average I yield the floor. people who make more than $22,000 a American: overtime and labeling of The PRESIDING OFFICER. The Sen- year to not be eligible for overtime beef. It is another example of this ator from Nevada is recognized. pay. The House and the Senate said we President being the President for cor- Mr. REID. Madam President, Senator don’t agree with the President, and we porate America and not the people who BYRD has time that has been reserved. passed legislation by virtue of amend- work for those corporations. He has indicated to me that he is going ments in this body and in the House Yesterday, the New York Times re- to speak for 2 hours. He will be here at which said you cannot do that, Mr. ported that the administration wants 12:30 to begin his important discussion President. The President said: I don’t to increase Medicare payments to in- about the bill now before the Senate. care what you have done in these two surance companies and HMOs by a legislative bodies. I want it out. I understand the intensity and sin- record 10.6 percent. This handout, Now, if that wasn’t bad enough, he cerity of the feelings of the Senator which is five times as large as the typ- from New Mexico. As Senators know, goes to an issue that is so important— and I repeat on the Senate floor today ical increase, was mandated by the new he and I have worked together for that Monday night we had a little fam- Medicare law that passed this body by many years on the Appropriations ily gathering, which we call ‘‘family one vote. Committee, the Energy and Water Sub- home evenings.’’ We had our children The Congressional Budget Office esti- committee, which is a very important and we went to this Caribbean res- mates those extra payments to private part of our Government. He has been taurant with my three grandchildren plans will total more than $500 million chairman, I have been chairman, and who live in Washington, and my daugh- this year and over the next decade $14 we have worked together and developed ter and son-in-law, Landra and I. My billion; $14 billion extra, added on that a tremendous amount of affection for little 13-year-old granddaughter has the taxpayers are going to shell out to each other. I repeat that I know how had mononucleosis. She has been sick insurance companies and these health strongly he feels about this legislation. and has missed a lot of school. She care providers. There may be some who feel differently came to dinner. She is feeling better. We could do a lot of things with $14 about this bill, and whether their feel- She attended school yesterday. She billion. Instead of this handout, maybe ings are as intense as his is not impor- was real hungry Monday night. One of there are ways we could use the $14 bil- tant. But there are people who feel the things with mono is you don’t have lion to help Nevada. People in Nevada very strongly about this and they have an appetite. She was hungry. She or- need health insurance. There are in problems with this bill. I hope before dered something she really liked, steak America today 44 million Americans this year’s end we can work toward and fries. It had a fancy name for it, who have no health insurance, and Ne- having an Energy bill for this country. but that is what it was. She ordered vada is at the top of the list. We could There are things in the bill that are steak and fries. cut health care costs paid by patients, extremely important to the State of While we were in conversation, I improve the care they receive, and ex- Nevada. I have personally told Senator heard her say to her brother who is 8 pand coverage. For example, the direct BAUCUS and Senator GRASSLEY how I years old: Aiden, would you like some benefit created by the new Medicare think they have done remarkably good mad cow? Here are my grandchildren. bill is confusing and certainly inad- work, generally speaking, with the tax They know this is bad. We know there equate. Instead of wasting $14 billion provisions of the Energy bill. So I hope is no way to prevent the beef that goes on this handout, we should use that that at some time we have the ability into this restaurant from coming from money to give seniors the drug cov- to work something out on this legisla- Argentina, Mexico, or Bolivia. I don’t erage they need and not give it as a sop tion. I know I will make myself avail- know where else they raise beef. Can- to the insurance industry. able to the Senator from New Mexico ada. We know they raise beef there. Under the new Medicare law, a senior to see if there is a way we can narrow Even my grandchildren are concerned must spend $810 out of pocket per year the gap. As the Senator from New Mex- about mad cow disease. before he or she will receive a penny ico knows, there may be two, three, or In the bill that we wanted to come from Medicare. And a senior who four Senators who are crucial to com- before this body, there was a provision spends $5,000 a year on drugs will be ing up with finality to this bill. If we in it that said you have to have a coun- stuck with almost 80 percent of the can work something out to satisfy try-of-origin labeling on the meat that bill. Essentially, this law will penalize those individuals and not lose some on is sold to consumers. The President our sickest seniors, the very ones who the other side, maybe we can do some- said: I don’t care what the House and need help the most. thing. Senate have done; they passed these The new law has a huge gap in cov- I want to say this, though, to my overwhelmingly, but I don’t care be- erage. Listen to this. Once a senior friend from New Mexico, not in rela- cause I want to take care of my cor- spends $2,250 on prescription drugs, he tion to the Energy bill but to the un- porate friends, and my corporate or she will have to pay the full price derlying bill. The Senator went to friends say country-of-origin labeling for drugs until they get up to $5,100. some length talking about things that is not good; I don’t care about mad cow Obviously, these people who are using both bodies did not agree on and people or hoof-and-mouth disease; if you want $2,100 worth of drugs are sick. That are upset that it is not in this Energy a bill, you take this out. The Repub- doesn’t matter. There is a hole, a big bill. Well, I can understand why the lican leadership in the House and Sen- hole until they hit $5,100. They pay it Senator from New Mexico, being the ate said: OK, Mr. President. And they all. But they have to continue to pay legislator that he is, cannot under- took it out. premiums the whole time. stand why if the House and the Senate So now this bill, which will probably Instead of a handout to the insurance by their bodies assembled have not ap- pass tomorrow, does not have that pro- industry, we could use the $14 billion to

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S76 CONGRESSIONAL RECORD — SENATE January 21, 2004 protect senior citizens who will actu- the Government to use its bargaining lectures because they were done by ally be worse off under the new Medi- power to negotiate prices with drug someone who knows as much as any care bill. In Nevada, 15,000 seniors companies? Is that how the free mar- professor about the Roman Empire— stand to lose the coverage they cur- ket is supposed to work? No. Now we they were done so well that at the Uni- rently receive from former employers, have a handout for insurance compa- versity of Nevada Las Vegas, the head and our poorest seniors in Nevada, nies. of the political science department those who receive both Medicaid and We were told it would be good to let taught a course based simply on the Medicare, will be forced to pay a copay private companies compete with tradi- lectures of the Senator from West Vir- under the new law, something they tional Medicare because they would be ginia. So whether he is talking about don’t have to do at present. This will more efficient which would allow them Iraq, as he has done so well, about create a new expense which will be a to provide better care and less costs. homeland security, about the energy significant burden for those with While I am talking about privatizing, policy in this country, about the State chronic conditions and disease who are don’t forget last night the President of West Virginia and what needs to be struggling to make ends meet on fixed again in his State of the Union Address done with transportation and what incomes. talked about privatizing Social Secu- needs to be done in this country, all of We can use the money to provide a rity. I have to hand it to him, he has a these many subjects have been lots of drug benefit now instead of waiting 2 lot of nerve because it is rare I find fun for this Senator from Nevada. I years while our seniors struggle with anyone who wants to privatize Social have been educated, and I am a better the rising cost of drugs. It took less Security. He had some buzz words, but Senator and a better person and the than a year to start the entire Medi- that is what it all meant. State of Nevada has done better by me care Program, and that was before we These private companies that com- as a result of learning so much from had computers. Surely, we can add a pete with traditional Medicare now the Senator from West Virginia. drug benefit in less than 2 years. have their hand out for a 10.6-percent The PRESIDING OFFICER (Mr. Finally, we need to expand health increase because they say it is the only HAGEL). The Senator from West Vir- care coverage. As I said, there are 44 way they can continue to serve Medi- ginia. million people in our country who care patients. That does not sound very Mr. BYRD. I thank the very distin- don’t have health care coverage at all. efficient to me. It does not sound like guished Democratic whip for his gra- In Nevada, a sparsely populated State, competition. It does not sound like a cious comments. He has been an inspi- 600,000 people under age 65 were with- great deal for seniors who are strug- ration to me. I once served as the ma- out health insurance last year. Most of gling to buy medicine or for taxpayers. jority whip in the Senate. I counted these people, including children, are It certainly does not sound like real myself a good whip, but remember working families. They go to work competition. those lines: You are a better man than every day, but they can’t afford the This HMO handout to the insurance I am, Gunga Din. peace of mind that comes with health industry and the managed care entities Well, this whip from Nevada is the insurance, so how can we afford an is an example of the way the adminis- best whip that I can recall in my long HMO handout of $14 billion? tration has one set of rules for the big- service in this Senate, and I am a My youngest son who is a lawyer and money interests, the corporate inter- former whip. worked here in Washington got a new ests, and another set of rules for people The distinguished Senator from Ne- job in Las Vegas. He is educated. He who work for these corporations. vada mentioned ball games. No ball has two little girls and, in a matter of Competition is OK for ordinary folks, game ever changed the course of his- days, is going to have a third little but the fat cats get sweet deals like the tory. With all due respect to those who girl. He could afford the gap coverage HMO handouts. like football, basketball, and baseball— until he got his new job. Most people This is a case of misplaced priorities, and I like them, too. I used to enjoy couldn’t do that. For just I think 2 just like the misplaced priority of playing baseball in the sandlot back in weeks he had to pay $1,200 to have cov- spending $14 billion on a corporate the days when Babe Ruth and Lou erage for his family. Most people can’t handout instead of using it to improve Gehrig were in that great murderous do that. Most people have these big health care for ordinary Americans. lineup, the New York Yankees. I can gaps, and they are stuck when an auto- This is just one more reason we need to remember September 1927 when the mobile accident or something happens work to fix the problems in Medicare sultan of swat, Babe Ruth, broke the to them in the way of illness and they so seniors will have the coverage they record with 60 home runs that year. have no insurance. deserve. I hope the administration will The Senator’s mention of the line- I want to make it clear that I am not take another look at its priorities and item veto is of interest. I was right in opposed to private health care plans in reconsider this ill-advised HMO hand- what I had to say about the line-item Medicare. I have received letters from out. According to the State of the veto. I know certain Senators whom I senior citizens in Nevada who told me Union last night, he has his veto pen personally asked to vote against that they are enrolled in Medicare HMOs, ready in case we try to do it. line-item veto, and they did not. They and they have told me they are happy Before I yield the floor and before did not heed my admonishments, but with the care they receive. Senator BYRD speaks, we have been the Supreme Court of the United I am not opposed to competition. gone for a few months and it is good States called that law invalid. Thank Make no mistake; competition is a that I remind myself on occasion how I God for the Supreme Court of the good thing. It is a strong incentive for have been educated in the years I have United States in that instance. efficiency and productivity. I think been in Congress, now more than two I thank the distinguished Senator. this administration has a different def- decades, by the senior Senator from Mr. President, this afternoon I want inition of competition than I have. the State of West Virginia. Better than to talk about the 2004 omnibus con- They are all in favor of competition any movie, any ball game, any rec- ference report on those bills. The Sen- when it comes to a worker in a na- reational activity that I can think of, I ate opened the second session to the tional park who might be making have had more fun learning from the 108th Congress not many hours ago. $30,000 a year. They think people like Senator from West Virginia. I still look While the year on the calendar has that should compete with private con- back with almost reverence to his lec- changed from the last time we met in tractors to keep their jobs. But when it tures on the line-item veto, on why it this Chamber, the Senate finds itself comes to big corporations, such as should not be done and why we would handcuffed by the same authoritarian HMOs, the administration doesn’t like be like the Roman Empire. It would be dictates from the same Bush adminis- competition. Why else would a com- the beginning of the end of legislative tration that last year led to some of pany such as Halliburton get a billion- power. It would be the beginning of the the most fierce partisan passions that dollar contract without even submit- end of this great Government that we this Senate has seen in decades. Gone ting a bid? That is not competition. so much admire. is the traditional spirit of cooperation. Why does the new Medicare bill con- I remind the Senator from West Vir- Yes, the man in the White House who tain a provision that expressly forbids ginia, those lectures—and I call them said that he was going to change the

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S77 tone in Washington, he changed that this behemoth bill were settled. But This conference report includes an tone all right. It is the worst that I this tale does not have a happy ending. across-the-board cut never debated have seen in my more than 51 years in No, this chariot, drawn by tall horses, here in this Senate, an arbitrary cut Congress. Gone is that traditional spir- quickly turned into a pumpkin. Have that would apply to legislation already it of cooperation. Gone is the belief you heard that before? It quickly signed into law. It would cut homeland that the needs of the Nation are above turned into a pumpkin, pulled by rats security. It would cut counterterrorism the needs of any political party. In before the clock struck midnight. efforts. It would cut education and their place is an agenda driven by pure The White House decided—the White health care. This across-the-board cut rank, raw partisanship. This is a tragic House—the White House decided that would reach back into laws that agen- turn for this historic Chamber, a tragic bipartisan negotiations were unaccept- cies have been operating under for 4 turn for these United States of Amer- able. The White House pulled the plug months. ica. on the conference and took it behind In the view of the White House, the Hope for a bipartisan Medicare pre- closed doors. The Republican congres- United States can afford $1.7 trillion in scription drug benefit was bright at the sional leadership bowed, bowed down to tax cuts. When it comes to the Medi- start of this Congress, but by the time White House pressure. Suddenly, care bill, we can afford $12 billion for the conference report returned to the Democratic Members of Congress had subsidies for private insurance compa- Senate for final passage, all that was no voice in the legislation. Senator nies. When it comes to the Energy bill, left was a prescription for protecting GRAHAM, the Democrats had no voice, we can afford over $25 billion of tax the pharmaceutical industry and a suddenly, in the legislation they had cuts and $5 billion of mandatory spend- drug benefit that is a sham for Amer- only days before helped to move to the ing for big energy corporations. But ican seniors. verge of passage. when it comes to initiatives funded in Progress on an energy strategy for In the back rooms of the Capitol, the these appropriations bills, initiatives the country began in a cooperative ef- White House sat down with the Repub- that help ordinary Americans every fort but quickly the Democrats were lican leadership and with fat-cat lobby- day, the President insists on cuts. He didn’t say anything like that in locked out while industry lobbyists ists representing big corporations and his big speech last night. No, he didn’t were welcomed in to write the con- produced an unamendable 1,182-page, say anything about that, a cut of 0.59 ference report with the executive $328 billion conference report. They percent would reduce funding for No branch. produced a conference report that Child Left Behind programs by more The fiscal year 2004 appropriations turned the legislative process on its than $73 million, resulting in 24,000 bills have suffered a similar fate. Be- head. fewer children being served by title I. tween June 26 and September 4 of last You think Speaker Joe Martin, Re- The across-the-board cut would reduce year, the Senate Appropriations Com- publican Speaker of the House—Joe veterans medical care funding by $159 mittee reported all 13 appropriations Martin of Massachusetts—would have million, resulting in 26,500 fewer vet- bills, bills that were the result of bipar- stood for that when he was Speaker of erans receiving medical care. tisan cooperation between the chair- the House? Do you think John Taber of The President lauds the military, as man and the ranking member of each New York, Chairman of the Senate- he should. He applauds the soldier, the subcommittee and those subcommittee House Appropriations Committee, sailor, the airman, the marine. But members. The bills were tight and lean would have stood for that in his day? when it comes to veterans, 26,500 fewer because of unrealistic budget limits, No. veterans will receive medical care, or but Senators worked in tandem to Four of the bills contained in this 198,000 veterans not getting the pre- craft balanced legislation. Despite the omnibus did not have a recorded vote scription drugs they need. Was any- efforts of the chairman of the com- in the Senate. That is all right. A voice thing said about that in the speech last mittee, the senior Senator from State vote or a vote by division are just as evening? Not a word. of Alaska, progress on the bills waned, legal and legitimate as is a rollcall The across-the-board cut will chop and as a result we faced the grim vote. But one of the bills, the Com- funding for homeland security initia- Frankenstein aberration of an Omnibus merce-Justice-State bill, was never tives. How many more baggage screen- appropriations conference report. even debated, never even debated in the ers will be laid off, resulting in longer I warned the Senate that such an Senate, let alone adopted by a vote of lines and less security at the airports? Omnibus appropriations bill could grow the Senate. How many fewer flights will have air limbs like trees, limbs like an octopus, Shame. Shame on us for letting that marshals on board? Nothing said about limbs that never were contemplated by happen. that in the State of the Union speech. the Senate. I warned Members on both So there you have it. The Commerce- No, no, no. How many more containers sides of the aisle that they could not Justice-State bill was never even de- will come into this country control the outcome when the seed of bated in the Senate, let alone adopted. uninspected? How many more illegal an omnibus bill was planted in a closed Scores of provisions were included in aliens will be able to remain in this conference. I warned that a Senator’s the so-called Miscellaneous Appropria- country or how many more will be able right to debate controversial legisla- tions Act portion of the conference re- to sneak into this country? Not a word tion would be lost. Finally, I warned port that were never debated, never de- said. How many potential terrorists that such an omnibus bill would invite bated in this Senate. What has hap- will never be investigated because of the White House to the table. pened to the legislative process here cuts in the FBI? The Bush tax cuts will Never was the White House invited to under the leadership of the Republican cost $293 billion in the calendar year the table when I was chairman of the administration, the Bush administra- 2004. More than $1 out of every $4 being Senate Appropriations Committee— tion? Under pressure from the White spent on those tax cuts is going to the never. It is all right for them to be in House, provisions that were approved top 1 percent of taxpayers in this coun- an outside room but not at the table, by both the House and Senate have try. They didn’t put me in office. No, no. I warned that such an omnibus bill been dropped. Get that. Under pressure those on that side of the track didn’t would invite the White House to the from the White House, provisions that put me in office. The Bush tax cuts— table and that the Congress would once have been included, that were provi- let me say it again—the Bush tax cuts again forfeit its constitutional right to sions included in both the House and will cost $293 billion in the calendar write legislation. Negotiations on that Senate, have been dropped. year 2004. legislation started well enough. The A point of order could be made under More than one out of every four dol- House and Senate Appropriations Sub- rule XXVIII that would kill this con- lars being spent on those tax cuts is committees worked on their respective ference report. Under pressure from the going to the top 1 percent of taxpayers pieces of this mammoth bill. The con- White House, controversial provisions in this country. Are you in that cat- ferees held an open session under the that were written as 1-year limitations egory? Are you, Senators, in that cat- able leadership of Senate Chairman when they were before the House or egory? I don’t know. But I know a lot TED STEVENS and House Chairman BILL Senate have been mutated into perma- of people who sent me here who are not YOUNG, and several of the chapters of nent changes in authorization law. in that category.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S78 CONGRESSIONAL RECORD — SENATE January 21, 2004 Taxpayers with incomes that average Democrats of either the House or the aisle to make any changes to this about $1 million per year will receive Senate were not in the room. Frankenstein of a bill. an average tax cut of $85,000 in the year I wonder how many of our listeners This ‘‘my way or the highway’’ 2010, while those taxpayers earning less remember the first question that was roughshod politics over the principled than $73,000 will receive at best 1 per- ever asked in the history of man. What approach to Congress is incredible, es- cent of what a millionaire will receive was the first question that was ever pecially from a White House that has and at worst a paltry $98 in the year asked? It was asked in the cool of the done so much to undermine the credi- 2010. day when God walked through that bility of this Nation and its Govern- How will we pay for this? Oh, that garden of paradise, the Garden of Eden, ment. will be somebody else’s problem. This which we think was located somewhere One year ago, the President used the President will be back on his ranch in between the two great rivers in old State of the Union Address before this Crawford, TX, living it up and having Mesopotamia, the Tigris and the Eu- Congress, this Nation, and the world to it good. What about your children and phrates Rivers. God walked in that gar- make his best case for taking the Na- my children? They are going to be left den looking for Adam and Eve. But he tion to war in Iraq under the doctrine to pay for this. couldn’t find Adam. So he asked the of preemptive strikes, under the doc- How will we pay for it? With cuts in question: Adam, Adam, where art trine of preemption. education, cuts in veterans’ programs, thou? That is the first question ever re- In the State of the Union Address and and cuts in homeland security. corded. Adam, where art thou? Well, in other speeches, he and others in the In the dark of night, behind closed Adam and Eve were hiding behind administration told Congress and the doors, the White House filled this con- bushes and figleaves. Adam, where art Nation that Saddam Hussein had weap- ference report with favors for big cor- thou? ons of mass destruction that were an porations. Everywhere you look, you Well, Democrats in either the House imminent threat to this Nation. We find the interests of corporate America or the Senate were not in that room. were told that Saddam Hussein was coming first and the needs of working So when their constituents ask, where trying to develop nuclear weapons. We Americans coming in last. were you, where were you, Senator were told that American troops would be received as liberators. We were told The Senate approved a provision to GRAHAM? Where were you, Senator that Saddam Hussein was aiding ter- block for 1 year the administration’s BYRD, you who has been in Congress 51 plan to take away the rights of as years, where were you then? Where rorists, such as the al-Qaida. What an many as 8 million employees to earn were you on that day? incredible tale. What an incredible time and a half for extra hours worked. The Democrats were locked out. We squandering of the credibility of our This administration produced a rule so were locked out. We weren’t included. Government in the eyes of the world. biased toward industry that it even in- I will tell you one thing. That was For this President, there seems to be cluded advice to corporations on how never done when I was chairman. no limit to his appetite for rhetoric, no to avoid additional wages. Now we find that the delay in imple- recognition that there is a difference Yet the Senate provision—what hap- menting the country-of-origin law is between his rhetoric and reality. Yes, he promised Americans to leave pened to it? What happened to that not just for 1 year, as the House pro- no child behind, but this omnibus bill Senate provision? It is gone, obliter- vided and the Senate opposed, but 2 would cut funding by $6 billion below ated under the darkness of night, taken years. And that is not all. The House the level authorized for title I in the out. provision only placed a limitation on No Child Left Behind Act which this At the request of the food marketing the labeling requirement for meat President signed with such promise in industry, rules to allow Americans to products. Now the agreement coming January of 2002. This omnibus bill know where their food, such as beef out of conference expands the limita- would leave behind 2.1 million children and vegetables, is grown are delayed tion to all the other commodities cov- who are eligible for title I educational for 2 years, breaking the balance craft- ered by the law such as fruits and vege- services. ed as part of the 2002 farm bill. tables. American consumers may have The President promised to secure our During the consideration of the 2002 thought they were going to know homeland and yet this bill would cut farm bill, the Senate included a provi- where their food came from, but the funding for port security and border se- sion—the Senate; that is, us—included majority has made sure that those curity. On November 14, 2002, the Sen- a provision to ensure that American facts will remain a hidden secret in the ate passed the Maritime Transpor- consumers were provided with informa- deep freeze. tation Security Act without a dis- tion about where their food origi- Also, the 1-year limitation on the senting vote. The vote was 95 to 0. The nates—where it comes from. This so- FCC media ownership rule was turned bill was signed into law by President called country-of-origin requirement into a permanent cap at 39 percent. Bush on November 25, 2002, during a became law and was immediately at- The practical effect of changes de- celebratory White House ceremony. On tacked by industry forces. When the manded by the White House is to pro- that day, the President said: We will smoke of the agriculture conference tect Rupert Murdoch’s FOX television strengthen security at our Nation’s 361 cleared, we found that industry forces network and CBS-Viacom from having seaports, adding port security agents, had worked overtime to slip out of to comply with the lower 35 percent requiring ships to provide more infor- their statutory requirements. The ownership caps, the congressional mation about the cargo, crew, and pas- country-of-origin issue was not even al- version of the bill that was put in sengers that they carry. lowed to be discussed at the con- place. Despite these requirements, the ference. The decision whether to keep The White House is boosting special President has requested no funding for or whether to kill the country-of-origin corporate interests. Why not? Look at port security grants and this omnibus requirement was made behind closed the millions that are poured into polit- bill would cut the funding that Con- doors after the conference was ad- ical coffers by those special corporate gress added last fall. Sixteen million journed subject to the call of the Chair. interests. The White House is boosting cargo containers arrive in the United I was in that conference. It was ad- special corporate interests at the ex- States by ship, truck, and rail each journed subject to the call of the Chair. pense of the people’s interest for bal- year. One hundred forty million pas- They didn’t have any use for me any- anced news and information. Protec- sengers travel annually by ship each more. I was locked out. Senator BYRD tions for Federal workers that were year. Thousands of employees work at can go home now. He will not be in on agreed to on a bipartisan basis in the our ports each day. Millions of citizens the decision. We don’t need you there. public conference that would ensure live in and around our port commu- You can go home now subject to the fair competition with the private sec- nity. A terrorist attack through our call of the Chair. Of course, the call tor disappeared in the backroom. ports would produce billions of dollars never come. The White House sent its troops to of losses to our economy. Roy Acuff used to sing, ‘‘I called and the Hill last week to press the Repub- Was a thin dime requested by this I called but nobody answered. I called lican leadership to reject entreaties President? No. No, the President did and I called but nobody answered.’’ from Members on both sides of the not request a dime.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S79 On November 19, 2001, the President the Senate must fully fund this initia- But the Constitution is not gone. The signed into law the Aviation and tive, for the good of the people on this Constitution is still with us. And many Transportation Security Act. The act continent of Africa. times have I stood at that desk where created the Transportation Security To ‘‘fully fund this initiative’’ re- the Presiding Officer sits today, put Administration and mandated that all quires $3 billion. The authorization my hand on the Bible, as it were, and cargo on passenger aircraft be bill, which the President explicitly ref- swore to support and defend the Con- screened. The administration has never erenced in his speech, authorized $3 bil- stitution of the United States—not to requested sufficient funding to meet lion in fiscal year 2004. Yet the Presi- support this President or that Presi- the goals of the law. In order to bridge dent only requested that the Congress dent, this party or that party. I did not a $900 million funding shortfall that it provide $2 billion for the program. This have any oath of that kind. I did not created for fiscal year 2003, the admin- omnibus bill, after the across-the-board take any oath of that kind. I never will istration proposed delaying advanced cut, would provide less than $2.4 billion take an oath of that kind. firearms training for Federal air mar- for the Global AIDS Program, over $600 How many of us can say we have shals at the same time that intel- million below the level promised. stood by that Constitution? How many ligence reports indicated an enhanced Democratic Senators, including my- of us would have to say: Oh, I have threat to aviation and the potential for self, on three separate occasions of- bent—I have bent, when my party, hijacking planes transiting the United fered amendments that would have en- when my President—the President is States. sured that HIV/AIDS funding reached the President for all of us. He is not Regarding air cargo security, the ad- the $3 billion level. All three of these just my President. ministration has met the requirement amendments were defeated by the Re- But I say that we have become far of screening air cargo by expanding a publican leadership working with the too deferential to all Presidents, too program referred to as the Known Bush administration. deferential to all Presidents. Presi- Shipper Program. This program does Rhetoric and reality are two dif- dents are just hired hands like the rest not actually physically screen cargo ferent things. Now we understand that of us. They are here only for a while. going into the bellies of jumbo pas- the President will be promising to put Then they go. I have seen 11 adminis- senger aircraft but relies on paperwork a man on Mars. Somewhere along the trations go, and I hope I get to see an- to protect our citizens. Congress added way the tail has begun to wag the dog. other one. But we act, when we come The legislative process is being $35 million above the President’s re- here, as though we swear to support steered from the Oval Office. The legis- quest to enhance the deployment of de- this President or that President, a lative branch is being used not as the President from the Republican party or tection equipment, research other Framers envisioned, to serve as a a President from the Democratic party. methods to screen cargo and otherwise check on the executive branch, but in- Why? They are mere hired hands who expand air cargo security. This omni- stead as a tool to check off accomplish- are here for a little while, like the rest bus bill would reduce that funding. ments on the President’s political The Enhanced Border Security and agenda. of us. Visa Entry Reform Act of 2002, Public Whose fault is that? Shame on us for No President sends the Presiding Of- Law 101–173, was signed into law by letting ourselves be used. Shame on us ficer here. No President can send that President Bush on May 14, 2002. The act for letting ourselves be used. Shame on Presiding Officer home. Why so def- authorized funding for enhanced hiring us for putting political party against erential to Presidents? of immigration inspectors and agents the best interests of the Nation. Shame Under the Constitution, we have as well as for improvements to immi- on us for putting political party above three separate but equal branches of gration facilities. The President did the Constitution of the United States. Government. How many of us know not request the authorized funds to This is not the way the Senate should that? How many of us know that the hire additional immigration personnel, operate. executive branch is but the equal of the nor did he request funds to make the I fault no individual Senator for legislative branch—not above it, not authorized improvements to immigra- bringing us to this point, but I do fault below it, but equal? Why do we treat tion facilities or to hire the required the system that places meaningless Presidents as though they were kings, number of Border Patrol agents. The message votes and staged photo-op de- clothed in royal purple? omnibus bill would reduce funding for bates before the business of the Nation. The real losers in this scenario are Border Patrol efforts. I fault politicians for their weakness, the American people. They are not well Just last month, 4 days before Christ- for their failure to uphold their oaths served by a Congress that fritters away mas, Homeland Security Secretary to support and defend the Constitution opportunity after opportunity to probe, Tom Ridge announced that the Na- of the United States against all en- to analyze, to exercise its independent tion’s terror alert level was being emies, foreign and domestic. judgment on the urgent issues of the raised to orange. He said the strategic Shame on us. In my 50 years in this day in favor of rushing to do the bid- indicator, including al-Qaida’s contin- Congress, I have never, never before ding of the executive branch. Shame on ued desire to carry out attacks against seen such a Milquetoast Congress, a us. Fie on us. our homeland, was perhaps greater Congress that would cede power. The people of West Virginia and this than at any time since September 11. This Constitution says Congress shall Constitution that I hold in my hand He went on to say that information in- have power to declare war. Yet this have made me a U.S. Senator. No dicates that extremists abroad are an- Senate stood speechless—speechless— President made me a U.S. Senator. I ticipating near-term attacks that they when we voted in 2002 to shift this came to Congress when Harry Truman believe will rival or exceed the scope power to determine when, where, and was President. He did not make me a and impact of those we experienced in what military forces should invade a Member of Congress. Of course, I was New York. sovereign Nation. The Senate had little indebted to him for coming to West The President promised a safer na- to say. Virginia and speaking on my behalf tion when he created the new Home- That was not the Senate that was and on behalf of my colleague, Jen- land Security Department. But his Sec- here when I came here. No, not the nings Randolph, at that time. But I did retary says we are in greater danger Senate that was here when I came not expect that to make him my boss. than at any time since September 11, here. Everett Dirksen stood at that I admired Harry Truman. I did not like 2001. At the same time, the administra- place. Lyndon Johnson stood at that him for some of the language that he tion urged Congress to cut funding for desk. There was Norris Cotton, George used in public, but I still admired him, Homeland Security. Aiken, Jacob Javits. Those were men. and admire him to this day as a Presi- In May of this year the President There was Senator Russell of Georgia, dent who had courage. But he was just signed into law a bill authorizing $15 who stood at this place, right here at a President. billion over 5 years for international this desk, Richard Russell. Lister Hill So I have served with 11 Presidents— programs to combat HIV/AIDS. On stood there. John Pastore of Rhode Is- not under any of them. No, no Presi- July 12, while in Nigeria, the President land stood here. No, not those men. dent sends me here. And by what right said: The House of Representatives and They are gone. do the people of West Virginia send me

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S80 CONGRESSIONAL RECORD — SENATE January 21, 2004 here if I am going to bow and scrape to against the Chief Executive of the the omnibus conference report because a President? They expect me to speak United States. if the omnibus fails, then the only al- up, and that is what I have tried to do, Who is he? With all due respect, ternative, he said, is a full-year con- in the presence of Presidents, yes, but whether he is Republican or Democrat, tinuing resolution that would force the they put their pants on just like I put this is the Congress of the United agencies for the seven outstanding ap- mine on; the same old way, no dif- States. This is the people’s branch, this propriations bills to operate at last ferent. body and the other. Under the Con- year’s level. He argued that such a con- Under our Constitution, our Found- stitution, the Congress determines how tinuing resolution would produce deep ing Fathers had the wisdom to estab- to write our laws, how to protect Mem- cuts for food safety, veterans medical lish three separate, equal, coordinate bers’ rights to debate the important care, highway funding, and the Global branches of Government. That is under issues of the day. This omnibus bill AIDS Programs. this Constitution. This Constitution— leaves those pillars of our constitu- However, the Senator presents the perhaps one does not think about it tional system in shambles. It is our Senate with a false choice. If the omni- often, but when one stops to think duty as the people’s representatives to bus is not approved, the Senate has about it, this Constitution has some- protect those pillars of our constitu- other options to move forward. If the thing to do with every minute, every tional system of government. only alternative is a full-year con- hour, every day of every life in this In 1999 and in the year 2000, when tinuing resolution, then that is the country in one place or another, and in President Clinton, a Democratic Presi- choice of the Republican leadership. It some instances more than one place. dent, a President of my own party, sup- would be another example of putting This Constitution impacts your life, ported efforts by the Republican Con- political posturing before the needs of your life, and your life. Every day that gress to produce Omnibus appropria- the American people. you are here on this planet, this Con- tions bills, I came to this floor to decry There is a clear alternative, and that stitution has a bearing on it. And then our loss of our right and our duty to is to sit down and work out a com- some would treat this as a piece of write legislation. I came to this floor promise that can overwhelmingly pass paper and put political party above the to stand up for Congress’s power of the the Senate. If our distinguished and il- Constitution of the United States. purse. It made no matter to me—not lustrious majority leader, Mr. FRIST, When I do that, send me home and say: any, no matter—that this was a Demo- had the will to do so, such negotiations Good riddance. cratic President calling for omnibus could be completed, who knows, maybe This is the Constitution of the spending legislation. I stood up for the even in 1 day. However, in its current United States. Many times I have rights of this Senate as I do today. form, I cannot vote for this bill. I can- sworn by oath before God and man, In 1993, there was a great effort to in- not vote for this conference report that with my hand on the Bible, the King clude President Clinton’s comprehen- so ravages our constitutional process James version of the Holy Bible, to sive health care reform plan in a rec- and puts corporate interests ahead of support and defend this Constitution. onciliation bill. Proponents of the the people’s interests. I cannot vote for Yet we treat it as a piece of paper. We President’s proposal hoped that such a bill that undermines our credibility, use it only when it is of a particular an approach would shelter the proposal undermines the credibility of the benefit to us. But every day, in some from extended debate in the Senate. United States Senate with the Amer- way or in some ways, this Constitution My own majority leader, George Mitch- ican people. I urge Members to vote no bears upon your life. It may be in the ell, came to me. I said, no. My own col- when the Senate votes on the adoption delivery of your mail. It may be in the league from West Virginia in the Sen- of the conference report. hard surfacing of the roads upon which ate pleaded with me. I said, no. Presi- Mr. President, I yield the floor. you drive. It may have something to do dent Clinton, a Democratic President, The PRESIDING OFFICER. The Sen- with the flights that you are about to called on the telephone, called on me ator from Illinois is recognized. depart upon. Yes, it is this Constitu- to support this effort. I said, no. I said, Mr. DURBIN. Mr. President, it is a tion. no. Without regard to party, I felt com- tough act to follow of the Senator from In this country, we don’t say: God pelled to protect Members’ rights to a West Virginia. Is there any specified save the King. God save the King. God full debate. allocation of time for debate this after- save the President of the United I said: This is a comprehensive health noon? States. No. We say: God save the Con- bill. The people need to know what is The PRESIDING OFFICER. No spe- stitution of the United States. This in it. We Members of the Senate need cial allocation of time, except that Constitution saved Congress from its to know what is in it. That is why we Senator MCCAIN is to be recognized at error when it passed the Line-Item have the Senate, to debate and to 2 o’clock for an hour. Veto Act. This Constitution did that. amend. No. Mr. DURBIN. I thank the Chair. Under the Constitution, Congress And so I turned my face like flint to Mr. President, I thank the Senator writes the laws. The President executes the request of my own friend and the from West Virginia for his eloquent the laws. Under the Constitution, the President of my own party. No. words, which I followed on the floor power of the purse rests here, right Did he think less of me? I doubt it. and through the television before I ar- here—not downtown, not down at the He thanked me. He understood what I rived on the floor. It is always a pleas- other end of the avenue, but here. was saying. I will say it again. How ure to hear him speak to the issues Most of the people who were in the many on that side would say that to a that we are challenged with as a na- Thirteen Colonies, in the 13 States, President of their party? But with tion. when the Constitution became a con- President Bush, he insists that mem- Last night, I joined many Senators stitution, were British subjects. It took bers of his party march with him step and Congressmen to walk across the hundreds of years and blood spilled at by step. I can remember a great Repub- Rotunda to attend the 21st State of the the tip of the sword for Englishmen in lican Senator who refused to march Union Address, which has been my 1688 to write that meetings of Par- step by step. That was Senator Mark honor to witness as a Congressman and liament that should be held often, that Hatfield. He was scorned by many on as a Senator, to be on the escort com- there would be freedom of speech in the that side of the aisle because he stood mittee to bring in the President for Parliament and in the House of Com- alone against a political party, his this historic moment and to hear the mons. Those were the men who placed party. He was no coward for doing that. President’s words as he addressed the powers of the purse in the hands of He was a man. America, as he does each year. It is a the elected representatives of the peo- President Bush insists that members rare chance for him to speak ple of England in Parliament. That is of his party march with him step by unencumbered to the Nation directly where the power of the purse rests, step. Today, on the other side of the and to really express the feelings in his here in the legislative branch. We aisle, voices for a strong and equal heart. ought never to let the executive branch Congress fall silent. Part of what the President said I forget it. Yet we cower. We act like Last week Senator FRIST wrote to thought was particularly timely and poodles when it comes to standing up Senators and urged them to vote for poignant. It drew bipartisan response

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S81 and applause—particularly the part the Rock Island Arsenal, which has if you watched the cable channels, you where he saluted the men and women served America since the Civil War. I saw Lou Dobbs talking about exporting in uniform. We have many debates on knew the men and women there were America. Frankly, that is a sad reality foreign policy here. Senator BYRD and I anxious to get involved and to prove today. view it the same way, that perhaps our themselves and to serve our Nation So when the President talks about country is on the wrong track when it again, as they have time and time all the new jobs coming into America, comes to this policy of preemption and again in times of conflict. I don’t see it. For my money, a jobless going it alone in the world. Having said During the break, I went to the Rock recovery is no recovery at all. What that, we both understand, as every Island Arsenal and saw the first two ar- good is it to talk about productivity? Member of the Congress does, there are mored doors for Humvees come off the What good is it to talk about economic men and women in uniform who are lit- assembly line. The employees were growth if we have lost 3 million jobs erally risking their lives at this mo- working around the clock and could under the Bush administration? That is ment for this country. While politi- not have been prouder. I said to the of- a fact of life. cians and elected officials debate the ficer in charge at the Rock Island Arse- I told you the story of the Humvees. policy, we should never forget the cour- nal: This is great. You are supposed to I will tell you one other. age, sacrifice, and dedication of those build about 8,000 or 9,000 of these In my apartment in Chicago, at 4 men and women in uniform, how much armor-plated doors. How long will it o’clock on Saturday, I received a phone it means to their families that they take you to get these 9,000 armor-plat- call. It is interesting that I received a know we stand behind them and we ed doors into Iraq on the Humvees? He similar call 3 weeks before. The voice will not deny them the resources they said: Senator, if we work night and on the other end of the phone said: Mr. need to perform their mission safely day, we can get this done in 2 years. DURBIN, this is Nancy, and I am happy and to come home safely and as quick- Two years. to inform you that your Discover Card ly as possible. I thought to myself, what am I miss- is on the way to your apartment. I point out one aspect that has come ing here? In World War II, we would I said: Nancy, I didn’t order a Dis- to my attention over the 2-month build a bomber in 72 hours. We would cover Card. break when the Senate was in recess. I build a ship in 30 days. Why is it going She said: Yes, but you have qualified joined a couple Senators and I went out to take 2 years to build the armor-plat- for one and we are going to send you a on my own to visit Walter Reed Hos- ed doors for the Humvees? He said: I credit card. pital last November and meet with am sorry to tell you that there is only I said: Nancy, may I ask you a ques- these wounded soldiers. It is a wonder- one plant left in America that makes tion? Where are you calling from? ful thing to see these brave young men She said: Delaware. the steel that can protect these sol- I said: What city in Delaware? and women. Also, it is sad to see some diers with armor plating in the She said: Just a minute. of the injuries they have sustained. Humvees—one plant left in America. I I heard papers shuffling. I said: New Most of them wear ceramic vests that thought about that last night when the Delhi? protect them in combat, but they don’t President said to us that jobs are grow- She said: No, Bangalore. protect their limbs. Many of those ing in America—manufacturing and in- As you know, that is a city in India. there are amputees who have lost a dustrial jobs are growing in America. I I tell you those stories because I think hand, an arm, legs, or, in the case of have to say to the President, as I look they demonstrate the anxiety and con- one soldier, both hands, or suffered a at Illinois, that is not the case. We are cern of Americans from one coast to head injury. losing jobs. We are losing manufac- the other. Having spoken to them and asked turing jobs. We have lost 20 percent of The President may believe that we them the circumstances of their injury, our manufacturing jobs in the last 5 are deep into a recovery. The President I usually said: Is there anything I can years and continue to do so. may see new jobs coming, but America do for you? It was interesting to me Many jobs are going to China. China looks at the current evolution of our how many had the same response. It is a country where jobs are growing economy with concern. We are giving wasn’t personal. They didn’t ask me for but, sadly, at the expense of American up our basic industries. We are giving a favor. They said: Don’t do me a favor, workers. China has an unfair trade pol- up manufacturing to the Chinese, and but do a favor for the men and women icy related to the currency valuation of now we are giving up service jobs to I served with. We need to have more their local currency. India and other countries. protection in combat, particularly with Now, the Secretary of the Treasury, IBM announced 4,000 jobs will be lost Humvees, which are today’s jeeps that who was there last night, protested in the United States for computer pro- are so prevalent in the war in Iraq. this in China, but they have done noth- grams that will be sent overseas to Humvees were built to be light and fast ing about it. So they have a 15- to 40- India. If you buy a Dell Computer and for a desert war, and now they perform percent price advantage over American you need instructions on setting up a different function. They move troops manufacturers. What it means is that your computer and you call the 800 through Baghdad and Fallujah, which manufacturers, large and small, are number, you will generally speak to are dangerous areas. Sadly, many of losing business to China. So when the someone in India. these Humvees have canvas sides. If time comes, when we need a steel mill The question that raises is this: What one of these terrorists fires a rocket- to produce the armor for the Humvees will be the job for the next generation propelled grenade at it, it whistles so our sons and daughters come back of Americans? What occupation or pro- right through the vehicle causing great with limbs intact and safe, we find our- fession would you recommend to a injuries and damage in the process. The selves at the mercy of these foreign young person for a future in America? same thing is true with the homemade producers. There are some that are obvious, but bombs. So the wounded soldiers at Wal- Today, for every dollar of goods ex- when you look at how we have built ter Reed said time and again that they ported from the United States to this country with a strong middle need more armor-plating on the China, we import $6 worth of goods class, raising good strong families with Humvee vehicles. from China, and one company in Amer- strong values, you have to wonder, I thought this was something a Sen- ica—one company alone—imports 10 with the challenges we are going to ator ought to look into. So I came back percent of all of the Chinese exports to face in the years ahead, whether this to my office and contacted the Depart- the United States. One company sells administration and this Congress are ment of the Army and said: How many 10 percent of all of the goods and prod- looking at the state of the American Humvees in Iraq today don’t have ucts sent by China to the United economy honestly. armor-plating? They said that 8,500 do States. That company is Wal-Mart. What was President Bush’s proposal not. So I said: Is it a priority to make Wal-Mart, yes. It is in your neighbor- last night to deal with the future of armor-plated doors for these? They hood and in your hometown. America’s economy? He made it clear. said it is the highest priority. They A few years ago, they proudly said He believes that if you make the tax said: Senator, there is good news. Half ‘‘made in America’’ at Wal-Mart. But it cuts for the wealthiest people in Amer- of them will be built in your State at doesn’t say that anymore. Last week, ica permanent law, then, in fact, we

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S82 CONGRESSIONAL RECORD — SENATE January 21, 2004 will have a strong economy. In other tional values? While he spoke, we were What kind of employees will be hit words, if you will give more money to considering a bill that says for 8 mil- hard by the President’s determination the wealthiest people in America, lion Americans, the likelihood that to cut overtime pay? Let me give you somehow the economy lifts and every- your family will succeed is diminished, a few categories: Police officers, fire- one will succeed. and it is reduced because we believe fighters, and safety coordinators. The History is not on his side. In fact, employers, at least those who support International Union of Police Associa- this anemic recovery in which we are this bill, believe that employers should tions estimated this proposal will take presently involved is proof positive make more money at the expense of overtime pay from 50 percent of those that his tax cuts did little or nothing their employees. law enforcement officers currently to stimulate this economy and creating We have had overtime pay since 1938. guaranteed overtime. A minimum of a deficit of historic proportions. This The Fair Labor Standards Act required 200,000 law enforcement officers will President took a surplus in the Treas- employers to pay time and a half, and lose their overtime pay because of this ury and turned it into the biggest def- usually Presidents, Democrats and Re- appropriations proposal that came to icit in the history of the United States. publicans, would extend overtime pro- us from the Bush administration. He took over from an administration tection and overtime benefits to more I can go through the list: Prison that had created over 20 million new and more employees. This President guards from my State will no longer jobs, and this President, unless some- will go down in history as the first to receive overtime pay; first responders, thing dramatic happens in the next few take overtime pay away from working nurses, medical assistants, social work- months, will go down in history as hav- Americans—8 million Americans. ers, computer technicians, engineering ing lost more jobs under his adminis- The administration’s proposal would technicians—the list goes on and on. tration than any President since the strip 8 million workers of their over- I think the list tells a story. It is one Great Depression—3 million jobs lost in time rights, including 375,000 workers thing to talk about the goodness of America. And his answer to get Amer- in my State of Illinois. For workers America and the confidence we have in ica back on its feet and working again: who receive overtime pay, that over- our future, and quite another for us to Give the wealthiest people in America time compensation usually accounts pass legislation, such as included in a tax break. for 25 percent of their paycheck. The this appropriations bill, which destroys The President, when he talks about administration’s proposal would slash the confidence of working families in the tax cuts, zeros in on the $300 for in- the paychecks of 8 million hard-work- this Congress and this administration, dividuals, $600 for families, the mar- ing Americans by 25 percent. unwilling to stand up and fight for riage penalty, but he ignores the big- I haven’t spoken about increasing the them defending their rights to keep gest tax breaks, which are not included minimum wage in this country, which their families together. in that group but go to the wealthiest this administration has steadfastly op- Let me speak for a moment about people in this country. Those are the posed and Republicans in Congress education because at the heart of the ones who have brought us into this def- have adamantly opposed. So at $5.15 an issue of tomorrow’s generation and icit situation. hour, more and more low-income work- their jobs is the question of education To make matters worse, the con- ers find themselves falling behind and and training. The President made a ference report to accompany the Omni- have to take a second job. very modest proposal last night to help bus appropriations bill, which we have I went to a high school in Du Page community colleges. I thought it was before us, includes a provision which County over the break. Du Page Coun- good. When we assess the value for says when it comes to those currently ty is a great diverse, strong, and gen- each community college, it is going to working in America, people who are erally prosperous county in my State, be symbolic, as most things are from struggling to keep their jobs and to just west of Chicago. When I sat down this administration when it comes to keep their families together, this bill with the educators, we looked at No helping America. It won’t be the bil- contains a provision which will elimi- Child Left Behind test scores, and I lions of dollars we are sending to Iraq. nate overtime pay for 8 million Ameri- said: Why is it that only 92 percent of It will be $230 million, $240 million cans. the students took the test for No Child which is going to be allocated to com- Mr. President, 8 million Americans Left Behind at this high school? munity colleges. Mr. President, $230 today working overtime hours—away The principal said to me: Senator, a million is hardly going to change edu- from their families, to make ends lot of our kids are from poor families, cation in America when we consider we meet, to put some money away for col- single parent families, and they have are a nation of roughly 300 million peo- lege education, to deal with medical brothers and sisters. If a little brother ple. bills they can’t handle otherwise—be- or a little sister gets sick and can’t go When we take a look at No Child Left cause of language insisted by the Re- to day care that day, mom is going to Behind, we may note that this bill we publican leadership in the White House have to stay home from work and give are about to pass provides the smallest and in the Congress will lose their up her paycheck or that older brother increase in education funding in 8 overtime pay. is going to have to stay home and years, and it shortchanges No Child That is the record of the Bush admin- watch the sick baby. That is what hap- Left Behind, the President’s premier istration when it comes to jobs: 3 mil- pens. He said that is reality. policy on education, by $6 billion under lion jobs lost; 8 million working Ameri- Think about that kind of life where the authorized funding level. cans denied overtime pay. the sickness of the baby keeps an older So we have said to schools, test your What does it mean? It means these brother out of school; where the moth- kids, and the President repeated it last men and women who are working these er, making $5.15 an hour, doesn’t work night, continue to test, we want to jobs will be told by their employers: an 8-hour day, but perhaps a 12- and 14- know how you are doing. That is valu- You will show up and you will work in- hour day or, if she is lucky, she has a able. That is the diagnosis. But when it stead of 40 hours this week, you will job that used to pay overtime for those comes to the treatment, when it comes work 50 hours this week, and the extra extra hours and now, because of the to tutoring, mentoring, after-school 10 hours you work, you will be paid the Bush administration’s proposal, she is programs and summer school pro- same hourly wage, and if you don’t like about to lose her overtime. She is grams, this administration refuses to it, leave. struggling to keep her little family to- put the money on the table. They will Perhaps that is the President’s vision gether under extraordinary cir- identify the problem but they will not of America. From my point of view, cumstances, and we make it worse. invest in solving the problem. In fact, that is not a vision that most families We do not increase the minimum what they have created is an unfunded would appreciate. If we truly value wage. We do not protect her right to mandate on schools at the absolute work and we truly value families, earn overtime pay, which has been on worst time possible. Where States are wouldn’t we take a different approach? the books for over 65 years in America. struggling to make ends meet, where Didn’t we hear the President last Is that an administration with family local property payers are pushed to the night talk about the family values of values, sensitive to families and what limit on their property taxes, the America and protecting those tradi- they face? President has imposed a mandate on

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S83 the schools and refuses by $6 billion in Senate bill included this funding, as to people who have demonstrated that this bill to provide the funding the did the Senate version of the author- they misuse them. That is a smart schools need to succeed. ization bill: $9 million for broadcasts to thing to do. So we submit the name of So what will happen? Tests will be Estonia, the Czech Republic, Hungary, the person to the NICS system for a taken and tests will be reported, both Lithuania, Poland, Bulgaria, Latvia, computer check to see if this person within the Department of Education Romania, and Moldova. Unfortunately, would be prohibited from having a fire- and publicly. Schools which people re- this bill will cut off those broadcasts, arm. If so, then we do not sell them the spected will now be branded as failing and that is not the right thing to do. gun. schools. Schools which frankly are These are new democracies. They are In addition, under the current regula- doing a good job will find that if one still subject to instability. There is tions, the Department of Justice re- group of students, for example, the still gang and Soviet influence. I refer tains records of approved firearm sales kids in the special education class, who to the old Soviet gangs that still are for up to 90 days. If during the course have special physical and mental chal- alive and well and reborn in the form of of those 90 days, it obtains information lenges, cannot meet the test scores we syndicate operations. These democ- that a gun has been sold to someone have mandated in No Child Left Be- racies need the help of Radio Free Eu- improperly, we are going to go get the hind, the school will be graded as a rope. I think putting that voice, as well gun. failing school. as Radio Liberty, in a broadcast is an So I asked the General Accounting Imagine, you and your husband, your important thing to strengthen those Office what would happen if the De- family, have made a sacrifice to buy a democracies. Unfortunately, it was cut. partment of Justice was required to de- home in a very expensive subdivision Then, of course, there is the provi- stroy these computer records of gun which you know to be safe and near a sion in this bill regarding one of the purchases within 24 hours. In other good school, so that there is going to controversial rules of the Federal Com- words, the Department of Justice is be a great education for your kids. You munications Commission. Do my col- given only 24 hours to obtain addi- are starting to make the mortgage leagues think it is a better country if tional information on a person’s back- payments, it is not an easy thing to do, one company owns more and more tele- ground, and they were not given the and you pick up the paper and you say, vision and radio stations? I do not. I full 90 days that they have under the did you realize the high school our kids think the diversity of message, the op- current law. What if it is limited to 24 are about to go to has been graded a portunities for Americans to hear dif- hours? The General Accounting Office failing school? ferent points of view, is really kind of did a study for me. They came back That is going to happen. It is going key to our democracy. Yet, despite our and said the FBI would lose its ability to happen across Illinois. It is going to votes on the floor of the Senate, at the to initiate firearm retrieval actions happen across America. When it comes last minute Chairman STEVENS and the when new information reveals individ- to the resources and money to help White House put a provision in this ap- uals who were approved to purchase those schools and to help those stu- propriations bill which allows a greater firearms should not have been. Specifi- dents, this administration refuses to concentration of ownership of tele- cally, the GAO said during the first 6 put the money on the table. I think vision stations. months of the 90-day retention policy, that is unfortunate and tragic, and it The obvious question is: What is that the FBI used retained records to ini- hardly suggests that this President is doing in an appropriations bill? The ob- tiate 235 firearm retrieval actions, of looking forward to the next generation. vious answer is: The special interests which 228 could not have been initiated The same President who a week ago won and they won big. Viacom was a if there were a next-day destruction re- looked up to the heavens and said the big winner. Rupert Murdoch and Fox quirement. vision for America is manned space Broadcasting were all big winners by Let me boil this down. If I want to flight to Mars is a President who is not this provision being slipped in the bill. buy a gun and I pass through the com- looking around America at the neigh- It is no surprise that some of these puter check, they have 90 days to ob- borhoods and towns that need a helping conglomerates have a conservative tain additional information regarding hand, that need more jobs, that need bent to them and agree with the Presi- whether I should have been able to buy better schools, and need affordable dent’s party. Well, they were hand- the gun. If they are told they have only health insurance. Had that same Presi- somely rewarded in this appropriations 24 hours to gather this information, it dent, instead of casting his eyes to the bill. means that 228 guns in a 6-month pe- heavens and outer space, looked to our The last point I will make is that of riod would be given to convicted felons, Nation and said, in the next 10 years we all of the things in this bill which will people guilty of domestic violence, and are going to bring America’s schools up make life tougher, more difficult and fugitives, exactly the wrong people in to the highest world quality standards, challenging in America, there is one America to have guns. and if it takes the trillion dollars that that is very basic. When one turns on Now, who in the world would want to is necessary, we will spend it, that the television news tonight, what is limit the ability of the Government to President would have been applauded likely to be the lead story? Well, in check on someone’s background to across America. Instead, he projects Chicago, sadly, it is likely to be a vio- make sure that criminals did not buy someone in a manned space flight to lent crime, maybe a murder. We are guns? One special interest group—the Mars that will cost us $1 trillion. showing some improvement there. We National Rifle Association. And they I am not against the space program. are reducing violent crime, but it is won, in this bill. They have a provision Many good things have come from the still a national scourge. Unfortunately, in this bill which will prohibit the FBI space program, and they continue to it is the result of the fact that guns from obtaining information on a pur- come from the space program, but to often end up in the hands of the wrong chaser’s background more than 24 think that we are going to look beyond people. hours after a sale is approved. What it Mother Earth, look beyond our own Under the Brady Handgun Violence means in this case is 228 felons and home into the heavens to spend a tril- Prevention Act, firearm dealers are other prohibited persons in a 6-month lion dollars just strikes me as a com- prohibited from transferring firearms period would end up with guns on the plete misstatement of priorities for to anybody until there has been a street. America. search in the National Instant Crimi- Does that make you feel safer, Amer- In the few minutes I have remaining, nal Background Check System and it is ica? It doesn’t make me feel safer at I will mention two or three other determined that selling this gun to this all. It is the kind of mindless pressure things I find troublesome in this bill. person would not violate the law. The by a special interest group that is One of the major disappointments was kind of people who would be prohibited being paid off for its political support the deletion of funding in the Com- from buying guns are obvious: con- with this provision in the appropria- merce-Justice-State-Judiciary appro- victed felons, somebody convicted of a tions bill, and that makes no sense at priations for the Voice of America and crime of domestic violence or under a all. It is not going to make the streets Radio Free Europe/Radio Liberty domestic violence restraining order, or of my State any safer. It isn’t going to broadcasting for Eastern Europe. The a fugitive. We do not want to sell guns make it safer for the policemen who

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S84 CONGRESSIONAL RECORD — SENATE January 21, 2004 get up every morning, who put that hoping to hear what kind of plans he proof of it. I think we have a new badge on over their heart and risk had to help America’s working families phrase in the lexicon of description of their lives for us every single day. It in the struggling economy. Unfortu- the way the Congress does business: isn’t going to make it safer for our nately, I didn’t hear anything to help Another drunken sailor spending spree children who are walking home from the millions of people who are out of embarked on by the Congress of the the bus or from the CTA train. It is not work and have given up looking for United States to the detriment of our going to make it safer for America. work because there are so few jobs. I children and our children’s children. But there are smiles on the faces of think this administration needs to I haven’t been around here as long as the special interest group, the National wake up and come up with a real jobs many others, but I have never seen, nor Rifle Association. They won in this ap- plan to help America’s families. do I believe history will record, such a propriations bill. They were able to We need to extend emergency unem- rapid transition from a period of sur- limit the opportunity for Government ployment insurance for the hundreds of pluses as far as the eye could see, to to do its work, to keep guns out of the thousands of people who paid into un- now commitment on the part of the ad- hands of criminals. That is another un- employment when they were working ministration to cut the deficit in half fortunate outcome of this legislation. but months after losing their job still at some time in the future. Multitril- So we will face this Omnibus appro- can’t find work. lion-dollar surpluses to multitrillion- priations bill after having defeated a We need to raise the minimum wage, dollar deficits, and you would think we motion to close down debate yesterday. which has not been increased in over 6 were still in a period of surpluses. If I hope in the process a lot of Americans years. you look at this legislation, it is a liv- will pay close attention. This is one of And the administration needs to im- ing, breathing argument that this sys- the latest times I can remember major mediately withdraw its proposal that tem is broken, the way we do business. appropriations bills being enacted would deny millions of workers their Spending is out of control and we are since I served in Congress. The fact is, overtime pay. The President’s proposal mortgaging the future of our children the longer the bill languishes, the more will deny overtime pay to 8 million and our grandchildren, and there is no likely it is subject to mischief. That is workers. Five months ago the Senate way that Medicare and Social Security what happened here. Time and time voted 54 to 45 on my amendment to can be viable when we are amassing again we saw the overtime pay issue, block the administration’s effort to these kinds of outrageous processes. I the issue of media ownership con- take away overtime pay to 8 million say shame on this body, shame on the centration, the issue of the background Americans. The House soon followed, appropriators, and shame on us be- checks on guns, as well as the issue of 223 to 201. The Senate spoke again yes- cause, on Thursday, we will, after a country-of-origin labeling—all of these terday in its vote against cloture. This vote of dissatisfaction, now pass this became victim to this debate that went should not even be an issue on the Om- outrageous spending bill. on and on, on the appropriations bills, nibus appropriations bill that is before Americans have heard much about and ultimately the special interests us today. The Congress of the United the growing problem of identity theft. won, Americans lost, and American States spoke up, clear as a bell, and We have before us the most costly case families lost as well. I yield the floor. said: No, the administration must not of identity theft imaginable. It appears The PRESIDING OFFICER. The dis- strip overtime rights from 8 million that the big spenders in this body have tinguished assistant minority leader. American workers. all but stolen the credit card numbers Mr. REID. Senator MCCAIN is sched- But, as we all know, the administra- of every hard-working taxpayer in uled to be here at 2 o’clock, and he has tion refused to accept the will of Con- America and have gone on a limitless indicated he will be here, so I suggest gress. The administration ordered its spending spree for parochial porkbarrel the absence of a quorum pending the foot soldiers in the House to strip this projects, leaving Americans to pay and arrival of Senator MCCAIN. provision from the omnibus. Senator pay. The PRESIDING OFFICER. The SPECTER and I fought to keep it in, but As I will point out later in my state- clerk will call the roll. the administration refused any co- ment on such programs as NASA, some The legislative clerk proceeded to operation or compromise. In the end, of these cuts are dangerous. call the roll. just like that, without any vote in the Cuts in the International Space Sta- Mr. REID. Mr. President, I ask unan- conference, the administration nul- tion in the name of porkbarrel spend- imous consent the order for the lified the clear will of both Houses of ing is endangering the very lives of our quorum call be rescinded. Congress and the American people by astronauts. Policy changes that have The PRESIDING OFFICER. Without sticking to his position to deny over- to do with fundamental changes in objection, it is so ordered. time pay rights to 8 million Americans. media ownership, in fishing, and in Mr. REID. Mr. President, we have This is a clear abuse of power by the other areas that have been inserted in been advised by the majority cloak- administration and part of a pattern this bill are absolutely outrageously in room that Senator MCCAIN will not be we have seen from this President, time violation of Senate rules, I might add. here for a few minutes. We don’t want and time again. The administration Please join me as we walk through him to lose any of his hour. He told me seems to believe in government by one this shopping mall. On the right, we how important it is to him to have branch, the executive branch. When have $1.8 million for exotic pet disease that hour. So I ask unanimous consent there are no checks and balances, the research in California. On your left, the Senator from Iowa be recognized. result is bad public policy, and that is you will find $50 million for an indoor When Senator MCCAIN does appear on exactly what we see here today. rain forest in Iowa—$50 million for an the floor, Senator HARKIN would yield Mr. President, I see the Senator from indoor rain forest in Iowa? Give me a to him. Arizona has arrived. I will yield the break. On your left, in front of us, you The PRESIDING OFFICER. Without floor and resume my talk on the over- see $250,000 to build an amphitheater objection, it is so ordered. time provisions later on sometime park in Illinois. Mr. REID. I ask unanimous consent today. It is time we put an end to this theft. that Senator MCCAIN be allotted his The PRESIDING OFFICER (Mr. GRA- I am sorry we have to call it theft but full hour. HAM of South Carolina). The Senator that is how I see the situation. The PRESIDING OFFICER. Without from Arizona is recognized for 1 hour. The sum of these political indul- objection, it is so ordered. Mr. MCCAIN. I thank my colleague gences is enormous and growing and The Senator from Iowa. from Iowa and welcome him back from amounts to the theft of our future and Mr. HARKIN. Mr. President, I thank a very interesting time. the theft of our economic recovery. the Senator from Nevada for asking for Mr. President, here we go again, an- Nearly 1 year ago I stood here and this consent. Certainly I will yield to other Omnibus appropriations bill, and spoke about the 2003 Omnibus appro- the Senator from Arizona when he ar- this one takes the cake. Obviously, the priations bill. At that time, I said our rives. I know he had time reserved. New Years Eve parties didn’t end for current economic situation and our I listened with great interest to the Congress on January 1. We are on a vital national security concerns illus- President’s State of the Union speech, spending bender and this bill is ample trate that we need now more than ever

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S85 to prioritize our Federal spending. Ob- I have been shorted $225,000 to cele- of the elves and Mrs. Claus are gen- viously, it had no effect. brate my statehood. Hawaii became a erally updated only around Christmas- Let me remind my colleagues that we State in the same year. You would time. But it has come a little late this are nearly 4 months into fiscal year think they would want to equalize year. I will have to ask my staff to find 2004 and still without 7 of the 13 annual that. I am sure they will fix it in a out the total population of North Pole, appropriations bills. This has become later appropriations bill knowing the AK, although counting nonpersons, I an unacceptable practice. Less than a way, in the case of Alaska and Hawaii, am sure, would enlarge the census year after passing one monstrosity, we that one hand washes the other; there. There is $100,000 for restoration are poised to do it again as if it should $175,000 to a city in Missouri for the of the Jefferson County Courthouse now be our standard operating proce- painting of a mural on a flood wall. clock tower in Washington State. That dure. But far worse than the breadth That must be one heck of a mural; was under the category of economic de- and timing, we have before us a bill $90,000 for fruit fly research in velopment. I imagine everyone know- loaded with special interest porkbarrel Montpellier, France. ing what time it is would probably en- projects and legislative riders that Given the closeness of our relation- courage efficiency there. have no business in this or any other ship with the French, I can certainly There is $220,000 to the Blueberry Hill spending bill. understand why we would want to send Farm in Maine. They are getting their It is no accident that we are dealing $90,000 over there to help get rid of that thrill on Blueberry Hill. I almost did with this bill in an election year. In fruit fly in Montpellier. not use that one, it is so schmaltzy. fact, I strongly suggest we change the But back to home, $225,000 to Tra- While many of these projects may name of this bill to ‘‘The Incumbent verse City, MI, for the restoration of an sound comical, they illustrate a badly Protection Act of 2004.’’ Forget about opera house. Opera lovers rejoice; broken system in need of serious and the Patriots versus the Panthers in the $250,000 for the Alaska Aviation Herit- comprehensive reform. The HUD por- Super Bowl next weekend. We are right age Museum. Alaska is known for a lot tion of this bill contains an account in the middle of the Super Bowl of of things, but being the hotbed or the that is perhaps the best evidence that pork. C–SPAN viewers have seats at birthplace of aviation is not one that I this process is completely broken and the 50-yard line. It is Congress versus knew of, although over the years I have out of control. The appropriators in- the American taxpayer, and sadly we grown to be more and more aware of cluded $278 million in this bill for so- already know the outcome of this the critical needs of Alaska for Federal called ‘‘economic development initia- game. The taxpayer will be the loser. funds for every conceivable purpose; tives.’’ Every single dime of that $278 We have before us today a bill that $200,000 to the town of Guadalupe, AR, million was served up as pork. There incorporates 7 of the 13 annual spend- for the construction and renovation of were 40 pages of report language. The ing measures totalling a whopping $820 a shopping center. I will have to go out appropriators dished out 902 earmarks billion chocked full of porkbarrel there and see it. It is not too far from for everything from theater renova- spending and major policy changes. my home; $325,000 to the city of Sali- tions in Jenkintown, PA, to quarry up- The Kansas City Star recently re- nas, CA, for the construction of a dates in Nome, Alaska. ported, ‘‘Enough pork is layered into swimming pool. Excuse me, North Pole, Alaska. The the spending bill that even the Mis- Some of my colleagues may have population in 2000 was 1,570, so $200,000 souri Pork Producers Association is in read about this kind of interesting is a tidy Christmas present. line for $1 million.’’ thing. It appears that a Member of the Back to the 902 earmarks, from ev- There is over $11 billion unrequested, other body had some pangs of con- erything from theater preservation to unauthorized, run-of-the-mill pork science because he dropped a frog into quarry updates in Nome, Alaska. projects inserted in the 1,182 pages of the swimming pool, or something like Again, somehow Alaska comes back this conference report. that. But whatever, the city of Salinas and back and back and back through- Let us talk about some of the inter- will have a new swimming pool. out. I wonder how the people in Alaska esting provisions: $200,000 for the West And $100,000 to the city of Macon, feel about being put on welfare. Oahu campus of the University of Ha- GA, for the renovation of the Coca-Cola Sadly, the EDI account in the HUD waii to produce the ‘‘Primal Quest’’ building. I can certainly see why the appropriations bill has become nothing film documentary. Coca-Cola people couldn’t arrange for more than a slush fund for the appro- I am sure my colleagues will again be that. They are an impoverished cor- priators, completely eliminating any surprised at the number of projects poration, as we all know; $100,000 to the competitive or merit-based determina- that go to the States of the senior city of Atlanta for the renovation of tion by the Secretary of Housing and members of the Appropriations Com- Paschal’s restaurant and motel. I am Urban Development. The only word mittee, Alaska, West Virginia, Mis- sure there is great historical signifi- that comes to mind to describe this sissippi, and Hawaii: $225,000 to the cance associated with Paschal’s res- practice is ‘‘shameful.’’ Wheels Museum in New Mexico—a taurant and motel down there in the At the same time, I will comment wheels museum in New Mexico; $7.3 impoverished part of Atlanta; $900,000 about some language in the statement million for Hawaiian sea turtles; $6 to an economic development associa- of managers language accompanying million for sea lions in Alaska; $450,000 tion in Idaho to continue the imple- this conference report that offers a for the Johnny Appleseed Heritage mentation of the Lewis and Clark Bi- more appropriate approach. Many of Center in Ohio; $100,000 to the State centennial commemoration plan; the accounts throughout the Depart- Historical Society of Iowa in Des $175,000 to the city of Detroit for the ment of Justice portion of this bill con- Moines for the development of the design and construction of a zoo. The tain language that allows Federal offi- World Food Prize; $200,000 to the Rock city of Detroit certainly wouldn’t want cials, Governors, and other State and and Roll Hall of Fame and Museum in to have to pick up any of that tab; local representatives some discretion Cleveland, OH, for the Rockin’ the $238,000 to the National Wild Turkey in awarding the appropriated funds. Schools education program. Federation. I wasn’t sure whether this While the statement of managers As a fan of rock and roll, I can cer- was the animal or the beverage. But ei- names specific entities in connection tainly see why that Rockin’ the ther way, $238,000 to the Wild Turkey with the Department of Justice grant, Schools education program would be Federation will, I am sure, be wisely it also states that funding should be worthy of $200,000; $1 million for the spent, and perhaps that would reduce awarded if they are warranted after a continued threat of the Mormon crick- the cost per bottle; $200,000 for the city proper review. Unfortunately, that et infestation in the great State of of North Pole, AK, for recreational im- kind of language is missing throughout Utah. provements. the rest of this legislation. I hope the Here are interesting ones: $450,000 for I know it has been a bad Christmas agency officials charged with reviewing an Alaska statehood celebration and season for some, but you would think these proposals will employ a modicum $225,000 for an Hawaii statehood cele- the elves and others might not need of fiscal restraint in some projects bration. If I were the Senator from Ha- $200,000 for North Pole, AK. But one mentioned, such as $2 million for the waii, I would certainly be angered that never knows, does one? The condition First Tee Program, which teaches

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S86 CONGRESSIONAL RECORD — SENATE January 21, 2004 young people how to play golf. I know and there is a toxic spill in Minot, ND, NAB is unhappy with only part of the the Presiding Officer is an avid golf fan and there is not a single person in any FCC’s new rules, there is no valid pub- and has been to many parts of the of those stations to warn the local peo- lic policy reason why both of the FCC world in order to enjoy the game of ple, I am worried about media con- rules should not be considered to- golf, but I don’t think even he would centration. gether. In fact, if only one rule could think it is justified in this period of So what did the appropriators do? be addressed, as I said before, the multitrillion dollar deficits to spend $2 They pandered to a special interest, broadcast/newspaper cross-ownership million for the First Tee Program. Viacom and CBS, and grandfathered rule is the one that should be ad- As inappropriate as the earmarks them in. That is what this is all about. dressed. are, I am perhaps more dismayed at the Do you think they addressed the major In an October hearing before the Sen- inclusion of some major policy changes concern that most have, which is cross ate Commerce Committee, the entire in the bill. Every member of this ownership? When Gannett owns the Ar- panel of academics and analysts agreed Chamber knows it is a violation of Sen- izona Republic and Channel 12, it is that the FCC’s new newspaper/broad- ate rule XVI to legislate on an appro- OK. What happens when Gannett owns cast cross-ownership rule would have a priations bill, the most often violated Channel 12 and Channel 10 and Channel significantly greater impact on media rule I know of in the Senate. Moreover, 5? That is what concerns people. ownership concentration than the new every Member knows it is a violation So the appropriators, in a blatant 45-percent national television broad- of rule XXVIII to add new provisions in bow to Viacom and CBS, insert a 39 cast ownership cap. conference that have not been included percent rule. I again give credit where One of the panelists, Dr. Mark Coo- in either House or Senate bill sent to it is due, the power of the National As- per, provided the example of Tallahas- conference. Sadly, every Member sociation of Broadcasters, which is not see, FL, where the top TV station has knows this omnibus violates those included in the provision, as the ulti- a 70-percent market share and the rules. The inclusion of special interest mate proof of their influence. Why is it daily newspaper has 60 percent penetra- legislative riders on a must-pass spend- that other concerns that have been tion. If they merge, they would employ ing measure is not only a corruption of raised and were voted on in the Senate almost two-thirds of all local journal- the proper process, it is irresponsible were not included in the appropriations ists in that community. A September article in Business and an affront to good government. bill? It is because the National Associa- I turn first of all to Section 629, the tion of Broadcasters did not want it in. Week recognized this and stated: Commerce-State-Justice division of As I mentioned, this is not the first The 45% cap has become a rallying symbol, attempt by Congress to undo the FCC’s but the regulations that would truly reorder the omnibus. The provision would undo America’s media landscape and affect local the Federal Communications Commis- new media ownership rules. Last Sep- communities have flown under the radar. sions June 2 decision to incrementally tember, the Senate voted 55–40 in sup- These would allow companies to snap up not raise the national television broadcast port of Senator DORGAN’s congressional only two or three local TV stations in a mar- station ownership from 35 percent to 45 disapproval resolution which sought to ket but also a newspaper and up to eight percent. Instead, the provision would declare all of the FCC’s new media radio stations. If the courts and Congress are set the ownership cap at 39 percent. I ownership rules ‘‘null and void.’’ The worried about the dangers of media consoli- dation, they’ll have to resist calling it a day strongly object to the inclusion of this omnibus spending bill is not the appro- priate legislative vehicle to undo the after dispensing with the network cap and go provision for both procedural and sub- after the rules with real bite. commission’s broadcast ownership cap. stantive reasons. Procedurally, this is In opposition to the National Asso- a blatant attempt by the appropriators If the Congress wishes to take action on the issue of media ownership, it ciation of Broadcasters selective advo- to usurp the jurisdiction of the author- cacy, all four television networks have izers. I have not supported the use of ought to do so in the committee of ju- risdiction. The issue of media owner- quit their membership in NAB. In a the appropriations process to legislate resignation letter submitted last year, policy and I will not do so today. Sub- ship is far broader than the limited scope of this provision. As William ABC/Disney wrote: stantively, this provision is objection- Almost two years ago, the other major able because while purporting to ad- Safire wrote in an op-ed piece in the New York Times, itself a large owner broadcast networks resigned from the NAB. dress public concerns about excessive The issue was the patently hypocritical NAB of several media outlets: The effect of media consolidation, it really only ad- position favoring deregulation of newspaper the media’s march to amalgamation on dresses the concerns of special inter- cross-ownership and duopoly while simulta- America’s freedom of voice [is a] far- ests. It is no coincidence, my friends, neously advocating continued regulation of reaching political decision [that] that the 39 percent is the exact owner- the national station cap. The NAB and the should be made by Congress and the public policy process in Washington should ship percentage of Viacom and CBS. White House, after extensive hearings not be abused to advance the business inter- Why did they pick 39 percent? So that and fair coverage by too-shy broad- ests of one broadcaster over another. these two major conglomerates would casters, no-local-news cable networks, The ABC/Disney suggestion is ex- be grandfathered in, purportedly, in and conflicted newspapers. actly what is going on here. This provi- order to reduce the media ownership, I can spend a lot of time later on this sion is not about public policy; it is which was voted 55–40 in the Senate. year on this whole issue of what is hap- about advancing the interests of the The fact is now they are endorsing pening with localism, with the station National Association of Broadcasters. Viacom and CBS’s 39 percent owner- owner in Baltimore where the person To summarize, stand-alone legisla- ship, grandfathering them in because goes on the set with an overcoat on and tion like S. 1046, that was reported out they should have been at 35 percent. says, It is really cold here in Minnesota of the authorizing committee, is the Remarkable. today. These are serious issues. correct vehicle to address these dif- I am not sure where the line should What did the appropriators do? They ficult and complex issues involving be drawn. We have spent hours and decided to do something for the Na- media ownership. Attaching a rider to hours and hours in the Commerce Com- tional Association of Broadcasters. We selectively address concerns of special mittee in hearings on this issue. I have had multiple hearings in examining nonpublic interests is not the way to never seen such an uprising of Amer- media ownership and several com- make good policy. ican public opinion on an issue that mittee members introduced S. 1046, the Let me state from the outset I take surprised me as much as this issue of Preservation of Localism Program Di- a back street to no one in my support media concentration. Hundreds of versity and Competition in Television of second amendment rights. I have thousands of people contacted the FCC Broadcast Service Act of 2002, and that supported nearly every law that pro- on this issue. A vote was forced in the is what we should be debating. tects the rights of law-abiding gun Senate which rolled back—the first As the Senator from North Dakota, owners since first coming to Wash- time in my memory—a decision of the Mr. DORGAN, has said many times, we ington. But there is a special interest Federal Communications Commission. now have many voices and one ven- rider included in this Omnibus appro- I had very mixed emotions about it. triloquist. priations bill that is absolutely appall- But when I saw a clear channel radio Now, if we could have a little ing. The House sponsor of this provi- go from 140 stations to 1,240 stations straight talk here today, while the sion has argued that it benefits gun

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S87 owners, but the only gun owners it alization plan, which would divide 90 processors on the land. That has nothing to seems to help are those who have bro- percent of that crab market among do with safety. As the U.S. Department of ken the law. just a small group of processors. Under Justice recognizes, it raises significant anti- This rider has three major provi- trust concerns. the provision, fishermen could only sell Crab Cartels are Bad News for Maine Lob- sions, all of them unnecessary for gun this crab to those few processors and, ster Industry. owners, and none of them helpful for in turn, only those processors would Seattle Times: law enforcement. sell to consumers. Crab Industry Bakes a Monopoly Pie. First, it requires that background We are creating a cartel, a Govern- check approval records be destroyed ment-mandated cartel. And who is Seattle Times: within 24 hours instead of the current going to pay for that, at the end, in the Feeling Crabby? No Need for a Monopoly. policy of 90 days. Proponents argue form of higher prices? Those who eat It goes on and on. There is nobody that keeping these records for 90 days this crab all over America, including who thinks this is a good idea. constitutes a national firearms reg- my State. In addition to affecting the price set- istry. I want to be very clear, I oppose This legislative language has not ting process, I am aware of at least one Federal registration of firearms. been considered by the authorizing crab fisherman who owns a fishing boat I also want to be equally clear that committee nor requested by the admin- and a ‘‘catcher-processor’’ boat. He ob- our current policy of keeping these istration. This provision raises serious jects to this policy rider because it records for 90 days does not constitute antitrust concerns. Again, it would re- would make it illegal for him to sell in any way, shape, or form a national quire—not simply allow but require— his own catch to himself, so that the registry. It is a phony issue. the crab fishermen to sell 90 percent of catch from his fishing boat could be The 90-days retention allows the their crab harvest to predetermined processed on his processing boat. NICS system to correct mistakes that processing companies. This precedent- According to the National Research occur when they accidentally approve setting action would vitiate antitrust Council, the General Accounting Of- someone who should have been denied a laws, limit competition in the seafood fice, and the Department of Justice gun in the first place. This happens sector, and ultimately hurt fishermen Antitrust Division, fishermen’s con- about 500 times a year, according to and consumers. Fishermen around the cerns about IPQs are clearly justified. the General Accounting Office. Nearly Nation have expressed strong opposi- The 1999 NRC publication, Sharing the all these false approvals are because of tion to this provision, as have at least Fish, found no ‘‘compelling reason to missing domestic violence records. So a dozen newspaper editorial boards. establish a separate, complementary as far as I can tell, this provision bene- Before I go any further, I wish to processor quota system’’ to accompany fits no one except those who should clarify the difference between ‘‘fishing an Individual Fishing Quota program. have been denied a firearm but were quotas’’ and ‘‘processing quotas.’’ Fish- These findings were echoed by the GAO not. ing quotas are allocation tools that in its December 2002 report on IFQs, The second provision prevents ATF allow fishermen to catch a certain por- which failed to find the IFQ programs from conducting an inventory audit of tion of the overall allowable harvest. resulted in harmful impacts on proc- licensed gun stores. This means that Fishermen can determine when and essors in the halibut and sablefish fish- ATF auditors will have no way of under what conditions to fish with such eries that would warrant creation of an knowing if a gun store is missing fire- quotas, and fishing quotas have been IPQ program. arms, a sure sign that they are selling widely recognized to benefit fishermen, Furthermore, on August 27, 2003, the guns illegally without the proper back- the environment, and consumers. Assistant Attorney General of the U.S. ground checks. In contrast, processing quotas would Department of Justice Antitrust Divi- In Tacoma, WA, ATF auditors recov- allocate buying rights for the crab sion wrote a letter to the General ered 233 firearms missing from Bull’s catch among a handful of processing Counsel of the National Oceanic and Eye Shooters Supply store. One of companies so that each would be guar- Atmospheric Administration, NOAA, in those weapons was used by the accused anteed to receive a certain percent of which he opposed the IPQ provisions of DC area snipers. Why are we putting the overall harvest. Regardless of how the crab plan, stating ‘‘processor special language in a must-pass Fed- efficient these processors are or what quotas are not justified by any such eral spending bill to protect a store kind of price they are offering, they beneficial competitive purpose’’ and such as Bull’s Eye? Consider the poten- would have a guaranteed market share. that ‘‘The Department urges NOAA to tial consequences. I thought that kind of thing went away oppose IPQ.’’ A third provision prohibits the public with the Berlin Wall. Under this plan, While the fisherman are up in arms, release of crime gun trace information. it would be illegal for fishermen to the processors are already counting This information is not top secret data take their crab to other processors. their chickens, or in this case, crab that jeopardizes our national security This language would have far-reach- harvests, and in turn, their profits. or hinders law enforcement. We cannot ing consequences. Yet it was included That is because the percent of the har- have a government that operates in se- in this must-pass bill without ever hav- vest that they will be able to process in cret and refuses to release information ing been considered or debated by the the future is based on how much they that shows where criminals have ob- committee of jurisdiction, the Com- have processed in the past under the tained a gun. merce Committee. free market environment. Regardless This provision has no support from Fishermen throughout the Nation ob- of future operational efficiency, supply the law enforcement community, and ject to the crab plan’s individual proc- and demand, or any other real-world was even opposed by Chairman YOUNG essing quotas, IPQs, because the prece- factors, these processors will be guar- and Subcommittee Chairman WOLF. dent-setting nature of this action could anteed their allocation in perpetuity. Yet here it is today included in this lead to IPQs in the processing sector of Consider, for example, one company terrible bill. This language is an em- other fisheries. Indeed, crab boat own- that recently has processed roughly 20 barrassment to law-abiding gun owners ers and crew from all over the coun- percent of the Bering Sea and Aleutian and a slap in the face to law enforce- try—even from Arizona—have voiced Island crab. This provision will assure ment. their opposition to this proposal. that company continues to receive 20 Now, it is going to get a little eso- ‘‘Crab cartels,’’ the Anchorage Daily percent of future harvests—worth on teric here for a second, but it is very News—even the Anchorage Daily News. the order of tens of millions of dollars important. Because what we have done ‘‘Stevens pushes plan that gives proc- annually. in this bill has basically changed the essors too much market power.’’ For centuries, fishermen have used entire fishing industry and the way The Los Angeles Times: ‘‘Toss This market forces to negotiate their dock- they do business, again, to protect cer- Stinker in the Sea.’’ side prices, and this has had the effect tain entities in the State of Alaska. The Seattle Post-Intelligencer: of maintaining competition and bene- One of the policy riders is language The quota plan would guarantee shares not fitting consumers. Processor quotas that authorizes the Bering Sea and just to boat owners, as has been done suc- throw an enormous wrench into the Aleutian Islands crab fisheries ration- cessfully with other species, but also to fish free market machinery.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S88 CONGRESSIONAL RECORD — SENATE January 21, 2004 In addition to affecting the price-set- makers could decide they want to suspend revamps management of the crab fisheries. ting process, the crab IPQ plan also federal rules protecting their fish. It’s inevitable that those changes will create would effectively prevent new proc- Federal fisheries law is and should remain winners and losers, both among fishermen essors from entering the industry. If the product of consensus and deliberation, and processors. The government can’t micro- not one senator’s backroom maneuvers. manage such complex economic con- anyone wants to enter the processing that’s why Sens. John McCain (R-Ariz.) and sequences and shouldn’t even try. The job is sector, they would need to buy the Olympia J. Snowe (R-Maine) promise to just too complicated, the mechanisms too processing rights from the few proc- ‘‘strenuously oppose’’ Stevens’ rider. When convoluted, the intervention in markets too essors who would have processing the mammoth spending bill that it is hooked deep. quota. to comes before the Senate, other senators Sen. Stevens says he’s just doing what the Considering all these facts, the ad- too should cast his smelly deal into the deep. professional managers at the federal fish ministration has officially stated its council want. (They unanimously approved a opposition to IPQs, as reported in the [From the Anchorage Daily News, Sept. 16, crab management plan with processor 2003] quotas.) The only problem is that the fish Sacramento Bee, Kodiak Daily Mirror, council is an industry-dominated process. Anchorage Daily News, and Seattle CRAB CARTELS—STEVENS PUSHES PLAN THAT GIVES PROCESSORS TOO MUCH MARKET POWER This complicated, anti-competitive deal was Times. The administration’s proposed hatched up in an attempt to keep all the language for amending the Magnuson- U.S. Sen. Ted Stevens is fast-tracking a players at the table happy. Consumers and controversial plan that dictates where Alas- Stevens Fisheries Conservation and free-market advocates don’t have a seat on ka’s Bering Sea crab fishermen are allowed the council. Management Act clearly specifies that to sell all but a tiny part of their catch. He processors could own fishing quota, but is pressing the legislative process to ram [From the Seattle Post-Intelligencer, Nov. 3, does not propose a separate quota sys- through a scheme that short-circuits market 2003] competition. tem divvying up processor quotas. BOAT QUOTAS MAKE CRAB FISHING SAFER Editorial boards from at least 12 The concept Sen. Stevens is pushing is known as processor quotas. Using a legisla- Crab fishing off Alaska can be made safer. major newspapers—the Washington The key to reducing fatalities is a quota tive shortcut called a rider, he tacked his Post, Washington Times, Boston Globe, system. Allotting shares of the Alaska crab measure onto one of the 13 federal spending Oregonian, Anchorage Daily News, Los catch to boat operators could end the fren- bills that have to pass each year, instead of zied, dangerous free-for-all operations, dra- Angeles Times, Honolulu Advertiser, pursuing a stand-alone bill that would have matically documented by recent P–I stories Daily Astorian, Seattle Times, Seattle to be judged on its own merits in committee Post-Intelligencer, Portland Press Her- and photos. and on the Senate floor. A rider is no way for Unfortunately, Sen. Ted Stevens of Alaska ald in Maine, and the Tampa Tribune— Congress to make such a complicated, far- is trying to ram through a broad new kind of have come out against IPQs. Note that reaching and hotly disputed decision. quota system with too little consideration. these newspapers include the entire Processor quotas are part of a larger set of At the same time, Stevens would halt sev- west coast—even Alaska and Hawaii. fish management changes that address real eral efforts to protect Alaskan fish. He would I ask unanimous consent they be problems in the Bering Sea. Fishing for crabs do it by attaching a rider to a vital spending today is a free-for-all, a race to see who can printed in the RECORD. bill. As fellow Republican Sens. John McCain catch the most the fastest. As a result, too and Olympia Snowe recognize, that’s a poor There being no objection, the mate- many boats are chasing too few crabs. They rial was ordered to be printed in the way to make policy. go out in dangerous weather, and crews work Attaching riders to spending bills end-runs RECORD, as follows: dangerously long hours. The boats then rush the lawmaking process. Stevens’ proposals [From the Los Angeles Times, Oct. 5, 2003] to deliver their catch, so processing plants need full scrutiny. His rider would reopen a TOSS THIS STINKER IN THE SEA have to move huge amounts of product be- troubled pollock fishery, stop studies of crit- Ted Stevens thinks the Alaskan fishermen fore it spoils. ical North Pacific habitat and prevent new and processors he represents shouldn’t have To cure these problems in some other Alas- rules against bottom-scraping trawling to comply with federal rules they don’t like. ka fisheries, federal managers now use indi- equipment. So the powerful Republican, chairman of the vidual fishing quotas. In that system, the The quota plan would guarantee shares not Senate Appropriations Committee, attached government gives each fisherman the right just to boat owners, as has been done suc- a rider to the Commerce, Justice and State to take a certain percentage of each year’s cessfully with other species, but also to fish appropriations bill to give Alaskan industry allowable harvest. Fishermen can go out processors on the land. That has nothing to a pass. when it’s safe and work at a safe pace with- do with safety. As the U.S. Department of Stevens insists that Alaskans have done a out having to worry that others will grab all Justice recognizes, it raises significant anti- better job husbanding their fish-teeming the fish. Fish plants have more time to proc- trust concerns. waters than have other states. Regardless of ess the catch and produce higher-quality Unless Stevens rewrites his rider, the Sen- whether he is right about the health of the products. ate should block it. In the name of saving Alaskan crab, salmon and pollock popu- These fishing quotas have improved the lives, too much mischief could be played. lations, he’s wrong to use the appropriations safety and economic health of other Alaska process to grant favors that rewrite federal fisheries. Processors, though have com- [From the Portland Press Herald, Nov. 3, resource law behind closed doors. plained that fishermen with quotas now have 2003] One provision of his rider would freeze all too much time to shop around and get higher ‘‘CRAB CARTELS’’ ARE BAD NEWS FOR MAINE funds to enforce federal laws imposing new prices for their catch. LOBSTER INDUSTRY limits on crabbing and fishing in sensitive Crab processors persuaded the North Pa- A rider on the commerce appropriations ocean habitat. Another legal barnacle guar- cific Fishery Management Council to try to bill has made some Alaska fishermen and en- antees certain processing companies 90% of cure their problem. So when the council de- vironmental groups, well, crabby. the lucrative Bering Sea and Aleutian Is- cided to give fishermen rights to catch Ber- Rightly so. lands crab catch. This unprecedented deal ing Sea crab, fish plants in the region also Sen. Ted Stevens, R–Alaska, is trying to not only would favor some processors and got guaranteed rights to process the catch. push through a plan that would essentially unfairly exclude others, it would hobble fish- Fishermen would have to sell 90 percent of create ‘‘crab cartels’’ in Alaska, guaran- ermen from offering their prized catches to their catch to existing processors. This part teeing certain crab processors a quota of the the highest bidders. of the council’s plan requires congressional catch. That undermines fair market com- This rider is troubling by itself. But it be- approval, which is where Sen. Stevens and petition. As the Anchorage Daily News right- comes deeply disturbing when combined with his rider come in. ly points out, nobody would try to tell farm- the growing market for seafood and the more Processor quotas are a straightforward ers that they could only sell their grain to efficient fishing techniques that threaten way for fish plants to limit competition and certain agribusinesses. ocean species. For example, the red king grab back economic power they might lose if Crab producers want the plan, obviously, crab season in Alaska’s Bristol Bay this year fishermen get a guaranteed share of the because it guarantees them business but was the shortest ever. Crabbers captured an catch. Imagine if Congress dared to tell they also say it will get crab to consumers entire year’s quota in a little more than two farmers they could sell their grain only to a faster. days by using 700-pound steel pots baited handful of agribusiness companies. There Such a rider would set a dangerous prece- with chopped herring and set and retrieved would be an uproar on the plains. The U.S. dent, shifting oversight of the details of the by hydraulic launchers and large winches. Department of Justice opposes fish processor regulatory process from the regional council Yet even as this high-tech harvest intensifies quotas because they are anti-competitive, and giving it to Congress. The regional coun- each year, Stevens would order federal regu- and indeed they are. cil system is flawed, but it does allow for lators to lay off, a move certain to put more Processor quotas are a government at- more public input. There’s also a danger of pressure on the prized critters’ survival. tempt to do the economically impossible. this plan eventually affecting other business, Stevens’ rider also would set destructive They are a convoluted system that tries to such as Maine’s lobster industry. Sen. Olym- precedent. California, Florida or Maine law- hold everybody harmless as the government pia Snowe is opposed to the rider.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S89 The plan also would end funding for identi- IFQs would give crab fishers a right to a spe- congressional authorization and over- fication and protection of essential fish habi- cific portion of the total allowable catch set sight process that we demand for other tat, making sensitive areas such as coral for Alaska crabs each year. important policy issues. With IFQs, each crabber would know how reefs vulnerable to damage by huge trawlers. Obviously this proposal makes funda- This rider is bad for Alaska and it’s bad for much he or she is allowed to catch each sea- the nation as a whole, and it should be re- son. Assured of such a quota, fishers would mental changes to our fisheries poli- moved from the bill. not be forced into the destructive ‘‘race to cies. This rockfish and pollock lan- fish.’’ Fishing management councils could guage was not requested by the admin- [From the Seattle Times, Nov. 1, 2003] extend the seasons, fishing would be safer, istration nor the North Pacific Fishery the quality of the seafood would go up (fish- FEELING CRABBY? NO NEED FOR A MONOPOLY Management Council, and it hasn’t ers would have time to protect the quality), been reviewed by the authorizing com- Seafood processors, led by Seattle-based and fresh crab would reach the consumer Trident Seafoods, have been campaigning for more often. mittees. At a minimum, all of these years for exclusive rights to buy crab from But there’s the rub—fresh crab. Mr. Ste- new quota provisions merit thorough the Bering Sea fleet. If these rights come vens wants to protect the companies that review and debate prior to their enact- into effect, a newcomer who wanted to buy process fish. Under the current regulatory ment. that crab would have to buy the rights to regime, with its short, intense seasons, these The tacking of fisheries riders onto buy crab from companies already in the busi- processors invested in additional plant ca- appropriations bills extends all the way ness. pacity such as extra freezer space. If IFQs to North Atlantic fisheries as well. In the proposal now under consideration, are implemented and seasons extended, some Last-minute language was added that anyone wishing to enter the crab-processing of this processing and storage capacity will business would have to get permission from probably not be needed. Also, processors will would prevent the administration from someone already in it. also have less control over prices, because implementing a groundfish manage- And that is a monopoly privilege. fishers will be able to choose when they want ment plan required by the Magnuson- Processors say they are asking only for to fish. Stevens Act. Not surprisingly, the ad- what boat owners will get: an individual Mr. Stevens is trying to create a package ministration did not request this quota of crab. But these two quotas are not for crab fisheries that holds IFQs hostage to change, nor has the authorizing com- the same. benefits for processors. His rider, which mittee of jurisdiction held any hear- For the fishermen, crab is wild and in the would give crabbers IFQs only if they deliver public domain. There has to be a quota, ei- 90 percent of their catch to a handful of proc- ings on this proposal. ther for the whole fleet or each boat. The essors, has drawn protests from the Bush ad- In the northeast, fishery managers idea of a quota for each boat allows crab to ministration and Senate colleagues. Even must comply with a court-ordered im- be harvested slowly, cost-effectively and the Justice Department has suggested it plementation date of May 1, 2004, for safely. There is a public interest in doing it would not stand up under antitrust law. Fel- putting a groundfish management plan that way. low Republican Sens. John McCain of Ari- into effect, and the administration is Processors buy crab that is already har- zona (and Olympia Snowe of Maine have also now seeking public comment on and fi- vested. There is no public-interest reason to criticized Mr. Stevens for attaching a prece- nalizing regulations to do this. give certain processors what amounts to ra- dent-setting policy issue to an appropria- Even before we know what the final tion coupons. And nowhere else in U.S. fish- tions bill. eries do such rights exist. Processors deserve sympathy because they plan is, the language would prohibit Individual harvest quotas exist in halibut, were steered by flawed government policy to the administration from spending any black cod and elsewhere. But they are never invest in redundant capacity. But forcing money to implement this plan. The buying quotas. crabbers to take their catch to a specific legislative rider would authorize fund- Sen. Ted Stevens, R-Alaska, and head of processor will hurt their chances of receiving ing for only a certain set of manage- the Appropriations Committee, is now offer- a competitive price. It could also derail the ment rules—which have already been ing processors quotas to buy. Stevens’ effort effort, supported by free marketers and envi- determined by a court to be out of is a rider to an appropriations bill that is ronmental activists alike, to implement necessary to fund the federal departments of IFQs elsewhere. Surely better options—like a compliance with the Magnuson-Ste- State, Commerce and Justice. stranded capital buyout program or simply vens Act. Stevens’ rider would also cancel a study by including processors in the allocation of the So, under the language in the omni- the National Marine Fisheries Service of individual fishing quotas—exist for compen- bus, it would be illegal for the adminis- coral and sponge in the waters off Alaska. sating processors. tration to comply with Federal fish- The study aims to find out how important Alaska’s halibut fishery has already shown eries law as set out in the Magnuson- these are to marine life, including fish and the benefits of IFQs. In the early 1990s, hal- Stevens Act. If this provision is en- crab, how coral beds are affected by bottom ibut fishermen were limited to fishing during acted, there is a real risk that the fish- just three 24-hour fishing openings a year. trawling, and what measures might be taken ery could be ordered closed by a Fed- to protect valuable habitat. * * * Catching halibut was dangerous, profits were low, and most of the catch had to be frozen. eral court. [From the Washington Times, Dec. 13, 2003] When IFQs were adopted in 1995, the season Again, this significant policy change was expanded to 245 days. Fishing became was not considered by or debated in the A BITTER PILL FOR CRABBERS more profitable and safer. Fisheries in New Commerce Committee. I am more than (By Donald R. Leal) Zealand, Iceland, Australia and Canada also willing to discuss ways to redesign the Depletion of the fish in our coastal oceans show that IFQs improve fish management, fisheries management council process, is a growing environmental concern, and the reduce danger and improve product quality. along with the rest of the Magnuson- state of Alaska is poised to help correct the Congress should not let the processors’ dif- problem. But Alaska’s senior senator, Ted ficulties stand in the way of a solution to a Stevens Act, if indeed, it is as flawed as Stevens, Republican, won’t let it happen problem that is hurting marine resources some seem to think it is. This rider, without attaching some expensive strings. around the world. Don’t let Sen. Stevens’ however, is not the appropriate way to Mr. Stevens is backing individual fishing rider remain. make policy. quotas (IFQs) for Alaskan crabbers. That’s Mr. MCCAIN. Additionally, the con- Section 626 of the omnibus broadly good policy. But he insists on a provision re- ference report would authorize a simi- requires the Secretary of Commerce to quiring crabbers to sell 90 percent of their lar processor quota program for Gulf of ‘‘negotiate or reevaluate, with the con- catch to a small group of established proc- Alaska rockfish. Even though IPQ pro- sent of the President, international essors. That’s bad policy. To accomplish this, he has attached a rider to an omnibus ponents had previously indicated that agreements affecting international appropriations bill, which the House and IPQs are needed for crab only, they are ocean policy.’’ Senate must vote on by Jan. 31. now proposing authorizing such a pro- Under 22 U.S.C. Section 2655a, how- Alaskan crab fishers participate in one of gram for a different Alaskan fishery. ever, international ocean policy issues the most dangerous fisheries in the world. Further, the conference report also are currently handled by the State De- Loss of life is not uncommon. Part of the would authorize the North Pacific partment’s Bureau of Oceans and Inter- reason crabbing is so dangerous is that the Council to open an area currently national Environmental and Scientific seasons are incredibly short—only four to six closed to fishing, but open it only to Affairs, or OES. Several marine re- days long in the winter—when winds are the Aleut Corporation, which would source conservation laws, including the high, water is turbulent, and decks are icy. Regulation has not ended the race that oc- also have the exclusive right to process Marine Mammal Protection Act and curs when fishers depend for their livelihood the fish. This new fishery could be the Magnuson-Stevens Fishery Con- on unowned resources like ocean fish and worth more than $10 million, yet the servation and Management Act, grant shellfish. IFQs could solve this problem. proposal has not undergone the proper the Secretary of State the authority to

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S90 CONGRESSIONAL RECORD — SENATE January 21, 2004 negotiate international agreements on States will be prohibited from exer- The problems with monitoring environ- these matters. Clearly, this language cising their responsibility to protect mental conditions aboard the space station conflicts with the Secretary of State’s public health and the environment be- have festered for more than a year, some statutory responsibility for carrying cause one company was able to secure NASA medical officials said. Space station astronauts have shown such symptoms as out a coherent foreign policy. a special deal in a must-pass spending headaches, dizziness and ‘‘an inability to When appropriators first proposed bill. think clearly,’’ according to a medical offi- such a transfer of responsibility in the I also am very concerned that for the cer who asked not to be named. The onboard FY04 CJS appropriations bill, Sec- NASA funding portions, that the Joint sensors designed to provide real-time anal- retary Colin Powell explained, ‘‘Such a Explanatory Statement to the con- ysis of the air, water and radiation levels provision would significantly hamper ference report contains a list of 144 ear- have been broken for months, which has the Department’s ability to address im- marks that total in excess of $300 mil- made it impossible to determine at any portant foreign policy issues (e.g., lion. These earmarks are unauthorized given time whether there is a buildup of oceans policy, marine pollution, global and unrequested by the President. trace amounts of dangerous chemical com- Meanwhile, the international space pounds that could sicken astronauts, or overfishing) to which the United States worse. can ill afford to give short shrift.’’ station has been funded at $200 million Considering the important role that below the President’s request. This ac- A November 9, 2003, Washington Post the United States needs to maintain as tion comes despite news reports that article reports that: a leader in the international commu- have outlined numerous safety prob- A recent NASA study found that the risk nity on ocean policy matters, I am dis- lems aboard the international space of fire aboard the station has grown because the crew is stowing large quantities of sup- mayed that the appropriators would at- station. plies, equipment and waste in front of or tempt to transfer these powers between The Columbia Accident Investigation near 14 portals that would be crucial for de- government agencies without any pub- Board (CAIB), which was assigned to tecting and extinguishing a fire in any of the lic or expert review and debate. This is determine the causes of last February’s station’s various compartments. There is clearly a matter that needs the full at- tragic accident, described the results of also concern that a portion of the station’s tention of the Commerce and Foreign congressional earmarking in its August water stores supplied by the Russians may Relations Committees, and this has not report. According to the CAIB Report: have high levels of carbon tetrachloride, a Pressure on NASA’s budget has come not toxic contaminant. happened. As far back as March, internal studies A provision in the EPA portion of the only from the White House, but also from the Congress. In recent years there has been warned of a host of dangers for six separate VA–HUD section of this bill prohibits systems, including the thermal controls that all States, with the exception of Cali- an increasing tendency for the Congress to add ‘‘earmarks’’—congressional additions to cool the station’s computers and interiors, fornia, from exercising their existing the NASA budget request that reflect tar- that would likely grow out of trying to run authority under the Clean Air Act to geted Members’ interests. These earmarks the station with limited supplies and a care- regulate ‘‘non-road’’ engines to im- come out of already-appropriated funds, re- taker crew of two instead of the normal com- prove air quality. This language will ducing the amounts available for the origi- plement of three. effectively tie the hands of the State nal tasks. Before the recent launch of Expedi- air pollution control agencies by pre- I must question whether we have tion 8, the Chief of NASA’s Habit- venting them from addressing the 120 learned anything from the shuttle acci- ability and Environmental Factors Of- million small engines which are a sub- dent and the CAIB findings. During a fice and NASA’s Chief of Space Medi- stantial and growing source of smog Senate Commerce Committee hearing cine signed a dissent to the ‘‘flight and soot pollution nationwide. last year, I questioned Admiral readiness certificate.’’ The dissent de- This provision was originally put in Gehman about the effects of the $167 clared that ‘‘the continued degradation the VA–HUD bill at the request of a million that was earmarked in fiscal in the environmental monitoring sys- single engine manufacturer, Briggs and year 2003 appropriations bill. He re- tem, exercise countermeasures system, Stratton. The company suggested that sponded by saying that ‘‘$100 million and the health maintenance system, the provision would save jobs. I find will buy a lot of safety engineers.’’ coupled with a planned increment du- this argument very disingenuous due Maybe we should ask what he thinks ration of greater than 6 months and ex- to the fact that, in its September 2003 should be done with over $300 million tremely limited resupply, all combine filing with the SEC, the company stat- worth of earmarks. to increase the risk to the crew to the ed, ‘‘Briggs and Stratton does not be- Mr. President, I would like to take a point where initiation of [the mission] lieve that the CARB staff proposal will few minutes to discuss the importance is not recommended.’’ have a material effect on its financial of fully funding the international space In addition, a December 6, 2003, condition or results of operations . . .’’ station. Again, the omnibus provides Washington Post, article states that Our colleague from California, Sen- $200 million less than the President’s one of the gyroscopes that control the ator FEINSTEIN, made an effective argu- request at a time when serious safety space station’s motion failed, and that ment against the language on the Sen- concerns have been raised about the another was showing vibrations and ate floor during consideration of the space station. This underfunding could spikes in electrical current. NASA will bill, but she was not permitted to offer be corrected if we simply eliminated be forced to use Russian thrusters on- an amendment to strike the language. these wasteful earmarks and we’d even board the space station to shift the sta- Mr. President, what has come out of have money to spare. tion’s position. the conference may be acceptable to William F. Readdy, the NASA Asso- These are very serious issues that California and to Briggs and Stratton, ciate Administrator at the Office of cannot be ignored, yet here we are, but it is unacceptable to me and should Space Flight, testified before the Com- about to approve more than $300 mil- be unacceptable to almost every Mem- merce Committee that the space sta- lion for unrequested earmarks while ber of this body. tion onboard environmental moni- underfunding more pressing needs. How If you have not heard from your toring system which, ‘‘provides very will these cuts to the President’s budg- State air agency yet, you certainly will high accuracy information on atmos- et request affect the safety of the space soon. In the State of Arizona, for exam- pheric composition and presence of station? Are we really willing to take ple, the potential emissions impact of trace elements . . . is not operating at any risks? Mr. President, that this these unregulated engines is equivalent full capacity.’’ He also testified that practice continues in the face of legiti- to 1.4 million additional cars on the the crew health countermeasures, mate safety concerns is simply unac- roads. This is almost certain to worsen which include an onboard treadmill ceptable given the tragedies experi- the smog problem in the city of Phoe- and associated resistive exercise de- enced just last year. nix, and I am sure it will be the same vices, were ‘‘operating at various de- The Statement of Administration in many other cities in the Nation. I grees of reduced capacity and needed to Policy opposed this $200 million reduc- have no doubts that with worsening be repaired, upgraded or replaced.’’ tion in the Senate-passed VA–HUD bill, smog will come many more cases of Articles in the Washington Post stating that: ‘‘After diligently rebuild- asthma and a litany of other health paint an even more disturbing picture. ing reserves to place the Station on problems. It is simply outrageous that An October 23, 2003, article describes: sound financial ground, this reduction

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S91 would deplete reserves deemed critical tional Institute of Standards and Tech- a deficit of $500 billion—that’s half of a by independent cost estimates and nology. This account supports NIST’s trillion dollars—the largest ever. Our limit the program’s ability to address scientific research, including Nobel fiscal future can only be described as risks in FY 2004, including impacts Prize winning research on the Bose- bleak. Government watchdog organiza- from the Columbia accident.’’ Einstein condensates. This account is tions and think tanks, both liberal and You know, I have to admit I am funded at approximately $43 million be- conservative, have expressed enormous naive. I thought after the Columbia dis- neath the President’s request, while concern about the level of spending in aster we would see a reduction in the the appropriators have continued to this bill. earmarks. It was an increase. earmark activities within this account. A recent report by the Heritage In addition, I have been informed I would ask my colleagues to ask them- Foundation states: that this reduction would place at risk selves if it is more important to fund a Following increases of 13 percent and 12 actions that NASA is taking to address spreadsheet engineering initiative at percent during the previous two years, 2004 the Independent Management and Cost Dartmouth University, or research to would mark the third consecutive year of massive discretionary spending growth. Evaluation (IMCE) Task Force rec- help our beleaguered manufacturing ommendations to ensure a ‘‘credible’’ sector. Should we fund a wind dem- It further notes that: ISS Program. onstration project in Texas or research Altogether, total Federal spending in 2003 I know there is a lot of excitement topped $20,000 per household [I am glad we to improve the equipment for our Na- don’t divide that up by States] for the first about last week’s announcement by the tion’s first responders? In the long run, time since World War II and is set to grow President proposing a new agenda for it will be considered a great tragedy another $1,000 per household in 2004. human exploration of the Moon, and that we have wasted our Nation’s sci- According to a joint statement issued eventually Mars. However, let us also entific potential of meaningless paro- by the Committee for Economic Devel- note that he reaffirmed the United chial projects. opment of the Concord Coalition Cen- States commitment to completing the This reduction is even more dis- ter on Budget and Policy Priorities: ISS. The Commerce Committee will turbing given the reality that NIST Without a change in current fiscal policies, hold a series of hearings to discuss the will have to lay off many of its sci- the Federal Government can expect to run a proposal, but we will not lose sight of entists and engineers due to lack of cumulative deficit of $5 trillion over the next our responsibilities of ensuring the funding. Let me remind my colleagues 10 years. safety of the space shuttle and inter- that these are the scientists and engi- These numbers are shameful and national space station. neers that have won two Nobel Prizes frightening. Finally, it is unfortunate that the for research in the past few years. Another astonishing part of this re- appropriators, while earmarking hun- These layoffs will occur even as we port states: dreds of millions of dollars in NASA, continue to send funding to industry After the baby boom generation starts to underfunded the Advanced Polarimeter through the ATP program for research retire in 2008, the combination of demo- Sensor of the Global Climate Change that is inconsistent with the program graphic pressures and rising health care costs will result in the cost of Medicare and Research Initiative by $11 million requirements of being ‘‘high risk.’’ Medicaid and Social Security growing faster below the President’s request—a 47-per- That does not send the right message than the economy. We project that by the cent decrease—yet could sure find to our award winning scientist and en- time today’s newborn reaches 40 years of funds for thousands of earmarks. This gineers of how we value their work. age, the cost of these three programs, as a reduction would significantly impact There is also language that redirects percentage of the economy, will more than the development of the sensor, which is $40 million to the Port of Philadelphia double from 8.5 percent of the GDP to over 17 designed to measure methane, tropo- for construction of a cargo terminal percent. spheric ozone, aerosols, and black car- that is designed to support ‘‘high-speed I urge my colleagues to read this bon in the atmosphere. The proposed military sealift and other military pur- joint statement. reduction would delay the purchase of poses.’’ Today, these type of vessels do The Congressional Budget Office has ‘‘long-lead’’ item purchases, which not even exist, nor are they being issued warnings about the dangers that could potentially delay the launch date championed by the military. They are lie ahead if we continue to spend in of the satellite from 2007 to 2008. supported, however, by the private in- this manner. In a report issued last As my colleagues know, the public is vestors and their lobbyists who obvi- month, CBO stated: greatly concerned about the impacts of ously think it makes sense to place the Because of rising health care costs in an climate change on our environment risk of their venture on the backs of aging population, spending on entitlement programs, especially Medicaid, Medicare, and economy. Although the adminis- the taxpayers. Let me also mention and Social Security, will claim a sharply in- tration and I have a difference of opin- that the design of these vessels is based creasing share of the Nation’s economic out- ion on the need to take action to re- on unproven technology. And, in re- put over the coming decades. Unless taxation duce greenhouse gas emissions, we are views of the proposed vessel technology reaches levels that are unprecedented in the in agreement on the need for research by the Department of Transportation, United States, current spending policies will in this area. We should not cut this it was determined that the project did probably be financially unsustainable over publicly significant research, so that not qualify for government backed fi- the next 50 years. An ever-growing burden of Federal debt held by the public would have a we can simply fund local pork projects. nancing. It is ridiculous that despite corrosive effect on the economy. The bill would appropriate funding these facts, this legislative rider will That is from the Congressional Budg- for the Advanced Technology Program, risk wasting $40 million of the tax- ATP, at approximately $152.2 million et Office, not from any liberal or con- payers on a terminal to support a cer- servative think tank, as much as I above the President’s request. The lan- tain type of vessel that may never value those. guage would ignore the President’s at- exist. This is a costly example of put- Additionally, CBO projected a 10-year tempt to rein in a corporate welfare ting the cart before the horse. deficit of $4.4 trillion. program in a time of skyrocketing By the way, we have ample prece- The Wall Street Journal recently re- Federal deficits and critical national dent. The Senator from Hawaii, the ported, according to an International security needs. For example, the most Senator from Alaska, and the Senator Monetary Fund report: recent ATP awards included a grant to from Mississippi put in loan guarantees If cumulative budget deficits rise by 15 per- Aqua Bounty Farms, Inc., to ‘‘produce for cruise ships to be built in cent of gross domestic product, as the Con- sterile transgenic fish that can be Pascagoula, MS, which cost the tax- gressional Budget Office expects, world in- made fertile as needed for reproduc- payers $273 million in loan guarantees, terest rates would be pushed up by one-half tion.’’ I can assure you that the ATP which I fought against and predicted to 1 percentage point over 10 years. program was never envisioned to fund would fail. Only $273 million. By the We are paying a price overseas for the production of sterile transgenic way, for those of you who keep up with our reckless spending. The U.S. dollar fish. it, the hulls of these cruise ships in is tumbling, and it is a result of our fis- I also am concerned about funding Mississippi have been towed to Europe. cal indiscipline and our enormous def- for the Scientific and Technical Re- Mr. President, it’s time to get serious icit. Foreign countries are losing con- search and Services account of the Na- about what we are doing here. We have fidence in the dollar. To underscore the

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S92 CONGRESSIONAL RECORD — SENATE January 21, 2004 point, today the dollar stands at a 7- We are just going to do this for labor administration’s effort to take away year low, worth 80 cents against the once. overtime pay protection for up to 8 Euro, a 40-percent drop in under 4 How stupid is labor? If I were a labor million workers. That’s right, the Bush years. leader, I would say: Either vote it down proposal that came out of the Depart- In his State of the Union Address last or vote it up, but don’t throw me some ment of Labor would deny overtime night, the President called on us to act kind of 4-day delay. pay protection to 8 million American as good stewards of taxpayers’ dollars. I understand labor just took some workers. My response to the President: Mr. significant setbacks. They are about to The House followed soon after us and President of the United States, you take another one. voted 223 to 201, and the Senate spoke also must be a steward of taxpayers’ Mr. President, I will continue to again yesterday in its vote against clo- dollars. Veto this bill. Veto this bill, fight. I will continue to see if we can’t ture. Mr. President of the United States, and stop funding the Rock and Roll Hall of Now, again, this should not even be demand this pork be removed—this $11 Fame and get our thrills on Blueberry an issue in the Omnibus appropriations billion in pork be removed—and send a Hill, the wild turkey, and all of the bill before us. Congress spoke up clear message that it is not business as usual other turkeys that have become part as a bell. They said: No, the adminis- anymore in the Senate. We cannot do and parcel of this thousand-page piece tration should not strip overtime pay this to our children and our grand- of pork. protection for these 8 million workers. children. We cannot do this to them. I thank my colleagues for their in- As we all know, the administration Sooner or later, we are going to have dulgence. We will be hearing about this refused to accept the will of Congress. to make some choices around here. We issue for a long time to come because The administration ordered its foot are going to have to make some the American people demand we ad- soldiers in the House to strip the provi- choices between our children’s and our dress it. sion from this omnibus bill. Senator grandchildren’s futures and having I yield the floor. SPECTER and I fought to keep it in, but some kind of fiscal sanity and plan for The PRESIDING OFFICER (Mr. SES- the administration refused any co- the future. We cannot continue the SIONS). Who yields time? operation or any compromise. In the practices of the Senate. We need to Mr. HARKIN. Mr. President, what is end, just like that, the administration have a point of order that any unau- the order right now? nullified the clear will of both Houses thorized appropriation and any policy The PRESIDING OFFICER. The of Congress and of the American peo- change is subject to a specific point of chairman and ranking member of the ple. This is a clear abuse of power by the order, not one that brings down the Appropriations Committee control the administration and it is part of a pat- whole bill, but one that brings down time until 6 o’clock. tern we have seen from this President that provision. Mr. HARKIN. Mr. President, in their time and again. The administration I could bring a point of order against absence, I ask unanimous consent that seems to believe in government by one this bill, and it would lose by 99 to 1 be- I be allowed to proceed for 15 minutes. branch, the executive branch. Time and cause it brings the whole bill down. We Mr. GRAHAM. Mr. President, I would again, we see this administration run- should have the right to object, and ob- like the Senator to amend the request ning roughshod over the will of Con- ject vociferously, to North Pole, AK, he has just propounded so that I might gress. When there are no checks and getting $200,000. We should be able to have 15 minutes immediately after balances, the result is bad public pol- object to the brown tree snake in Alas- Senator HARKIN. icy, and that is exactly what we see Mr. REID. Mr. President, the Senator ka in which we have invested I have no today. idea how many tens of millions of dol- from New Jersey, Mr. LAUTENBERG, has The administration’s new rule is a lars. I think Alaska and Hawaii should been waiting a long time. He is in the stealth attack on the 40-hour work- pay for their own statehood celebra- cloakroom. If we can have Democratic week, pushed by the White House with- tions. We in Arizona do. speakers in order, Senator HARKIN, out one single public hearing. As I have If I sound like I am angry and upset, Senator LAUTENBERG, then Senator said time and again over the last sev- it is because the people I represent are GRAHAM, and Republicans to speak in eral months, it will effectively end angry and upset. The people I talked between, that will certainly be appro- overtime pay for dozens of occupations, with in my State, who I have been priv- priate. We have been going back and including police officers, firefighters, ileged to represent for a long period of forth. Will that be OK? clerical workers, air traffic controllers, time, are deeply disturbed. They know The PRESIDING OFFICER. A unani- social workers, journalists, nurses. what is going on. They know their kids mous consent request has been pro- In the amendment that I offered and are not going to ever receive Social Se- pounded. Is there objection to the re- that we voted on and that the House curity benefits as present retirees are quest? Without objection, it is so or- supported, there was one part of the today. They know we just laid a multi- dered. President’s proposal our amendment trillion-dollar debt on them in the form Mr. HARKIN. I thank the Chair. did not touch. The President’s proposal of a Medicare prescription drug bill, Mr. President, picking up where I does increase the income threshold and they figured it out. By the way, started earlier today, I listened to the that guarantees overtime pay protec- the overwhelming majority, the last President’s State of the Union Message tion from $8,060 a year to $22,100 a year. poll I saw, 58 to 42, don’t like this pre- hoping he would come up with a real In other words, if someone makes scription drug bill which no senior I jobs plan to help America’s families. under $22,100 a year, under the Presi- know can understand, and I don’t But quite frankly, there was nothing in dent’s proposal they are guaranteed blame them because I don’t understand the State of the Union Address that overtime pay if they work more than 40 it either. talked about that. hours a week, regardless of their occu- If I sound as if I am not happy and We need to extend emergency unem- pation. Well, my amendment did not perhaps given to flights of rhetoric, ployment for the hundreds of thou- touch that, but now we understand which I am from time to time, it is be- sands of people who paid in when they that the Labor Department is pro- cause my constituents are demanding were working, but months after losing viding tips within the proposal to em- that we change this system. The appro- their jobs, they still can’t find work. ployers on how to get around it. It in- priators have become all power in this We need to raise the minimum wage, cluded helpful tips for employers, ad- body. That is not appropriate. We need which has not been increased in 6 vice on how to avoid paying overtime to change the rules, and we need to years. to the lowest paid workers who are change the way we do business. And right now, most important of supposedly helped by the new rule. Last year, we stood here with an Om- all, the administration needs to with- For example, here is a list of what nibus appropriations bill. This year we draw its proposal that would deny mil- they have put out to employers—I stand here with an Omnibus appropria- lions of American workers their over- might say probably to unscrupulous tions bill. I was pleased we did not cut time pay protections. employers because honest employers off debate until I heard: We are just Five months ago, the Senate voted are not going to do this anyway. If em- doing this for labor, but it will pass. on my amendment 54 to 45 to block the ployers want to get around the rules,

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S93 the administration is telling them how overtime. Or if they need the overtime The administration can take care of to do it. to pay for retirement and stuff, we are this right now. They could take care of They are suggesting how employers suggesting they do not work an em- it, but they have nullified what they can avoid paying overtime. First, they ployee over 40 hours a week. have tried to do in Congress. So I urge lower existing wages so when workers Again, we already know that Amer- the administration to do what is fair accrue overtime, their net pay will not ican workers are working more than and just for America’s workers and grow. In other words, reduce their pay, what they have in the past and more withdraw this harmful proposal. It is work them longer hours so that the net than what they have done in other na- the right thing to do, to withdraw it. effect is the same. So the workers will tions. If we look at this chart, we can I say to this administration if you be working more than 40 hours a week see that American workers work more think this is just an issue with labor but their pay will be exactly the same. hours than workers in other industri- unions, you are sadly mistaken. Every- Now, that is what has come from the alized nations. Here is the United where I went in Iowa and some other Department of Labor. That is what States over here. Hours worked per em- States during the long break period they are telling employers to do to get ployed person in 2001 is slightly over that we had, I heard about this issue. around that provision in their pro- 1,800. Look at where it is in Denmark, Not just from union workers; white posal. France, Ireland, the Netherlands, the collar workers, nurses, firefighters, and Secondly, they are saying change United Kingdom, Italy, and Germany. others in our society. Maybe they don’t workers’ duties so they are exempt American workers are already working belong to a labor union, but they are from the overtime rules. Well, okay. So longer than any other workers in any going to be drastically affected. let’s say someone makes slightly over other industrialized country. This cuts very deep. I don’t know What the administration is saying is $22,100 a year. Therefore, they might be who gave you the advice, Mr. Bush, but we are going to work employees longer eligible for overtime. Just change their it was bad advice. You ought to get a and not pay them any more. designation. Say they are something grip on this, President Bush. Get a grip else. Put them under the category of It will not create one new job. It will give employers a disincentive to hire on this and tell your Secretary of exempt from overtime, and guess what; Labor to rescind this proposal. Work they are exempt from overtime. new workers if they can force their current employees to work more hours with Congress. We can, as we have If an employee is close to the $22,100, many times in the past, come up with what they are saying is, raise their with no increase in pay. That is ex- actly what it is. It is anti-worker. It is something. The Fair Labor Standards wages to the level required to be ex- Act has been amended many times but empt. So if someone is making $22,000 a anti-family. It is bad economic policy. Congress did the right thing in vot- always through an open process with year, or $21,700, just raise their pay to ing to block this new rule. Now that open hearings, the best information, $22,100, work them over 40 hours a Congress’s vote and voice have been and Congress worked with the adminis- workweek, and do not pay them any nullified, we are hearing from the De- tration. We have never had any conten- more overtime. That is the way to get partment of Labor that the new rule tion. Certainly we could agree on that around it. This is from the Bush ad- will go in in March. I am here to serve level, that $8,060 level, that ought to be ministration. That is what they are notice that just as I offered this raised to $22,000. It ought to be raised. telling employers to do. Lastly, do not amendment last summer, I will offer it But then don’t put out information let them work more than 40 hours a again and again on any legislation that saying OK, here is how you get around week. comes to the floor of the Senate. We it. Well, this sweeping proposal is in di- will not give up, nor will others who Let’s raise it. Let’s make it stick. rect contrast to the intent of the Fair have fought this fight with us. The Let’s not exempt all these workers Labor Standards Act of 1938 that estab- American people will not allow us to from overtime pay protection. lished the 40-hour workweek for Amer- drop this issue. They have been watch- That is the right thing to do. This ica’s workers. It is a slap in the face to ing this issue closely because it hits so Congress, this Senate, and this Senator the millions of American workers who close to home. will continue to fight to make sure this depend on overtime pay to support Lastly, I was home over the break pe- rule does not go into effect and that we their families and make ends meet. riod and there was this cartoon that We are not talking about spare protect the legitimate overtime pay appeared in the Des Moines Register change. We are talking about taking protections of the American workers. which I thought kind of summed it all Mr. President, I yield the floor. away some 25 percent of the income of up. Here is a police officer standing American workers. It is essential fam- The PRESIDING OFFICER. The Sen- over a poor guy who looks as if he has ator from New Jersey. ily income that helps pay the mort- been run over by a truck. The police of- gage, feed the children, pay for college, Mr. LAUTENBERG. Mr. President, I ficer is taking it down and he is saying: think this is quite a moment in his- save for a rainy day, save for retire- ‘‘You say the guy who took your over- ment. tory. It will be long remembered. It time pay bore a striking resemblance will be remembered for several reasons, Now, again, one can say do not let to the one who gave it to you in the them work more than 40 hours a week, not the least of which is the exces- first place?’’ sively optimistic tone that was issued family time is premium time. For an So on the one hand, President Bush is by the President of the United States American worker to spend time with saying we are going to raise the thresh- in his address on the State of the their children at baseball games, bas- old so that employees are covered by Union last night. Millions of people ketball games, football games, or at overtime pay provisions. On the other school meetings, or just to be home hand, they are saying to employers: were watching and, I assume, thinking with their families late in the evening This is how to get around it. Here is about the effects his thoughts will have or on a weekend is premium time. If an how employers can get around this pro- on their lives. employer is going to ask an American posed rule so that they can take over- It is presented as the Omnibus appro- worker, a man or a woman, to give up time pay away. priations bill, but I think there is a their premium time with their fami- The President wants to have it both better description than that com- lies, they had better pay them pre- ways. He wants to tell the American plicated term that few in the public mium wages, which is what overtime workers that he is going to increase really understand. I would rather call is. their overtime pay. On the other hand, it the ‘‘ominous’’ bill, and I am going No. The Bush administration is say- he is whispering to employers: Do not to refer to it that way. ing, hey, this family-friendly adminis- worry, I have ways you can get around It is astonishing to me that we are tration—how many times have we it. here, nearly 4 months into the new fis- heard that, ‘‘family-friendly adminis- There is only one way, and that is cal year. Our friends on the other side tration’’?—is now saying: Forget about the right way, which is to pay workers of the aisle who control the White it; if an employee wants to work over- what they earn and what they deserve House, the House of Representatives, time away from their family, we are and to pay them the overtime they and the Senate, have failed to move going to make sure they do not get need and for which they have worked. through the Senate the result of the

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S94 CONGRESSIONAL RECORD — SENATE January 21, 2004 conference with the House. It is an in- money. Your constituents are going to they do. In fact, the Bush administra- dictment of failure, an indictment of lose their money. The States and cities tion has indirectly assisted them in the failure to govern. across this country are going to lose acquisition of guns. The basic problem with this bill is their money. If you dare to vote your A recent audit of a small sample of that in an age when we are so con- conscience and do what is right, we are gun background check data by the Jus- scious of saturated fats, this bill is going to take away the funding that is tice Department reveals that at least saturated with special interest provi- justly yours. 12 suspected terrorists and perhaps sions that bring harm to the well-being There is another gift to corporate hundreds purchased firearms in the of our constituents. In some cases, the special interests in the omnibus, the United States last year. How did the bill even threatens the health of the new media ownership rules. Current Department of Justice find this out? American people. media ownership law prevents a single By looking at gun background checks For instance, stuck deep in this bill company from owning local TV sta- data. is a provision that blocks the country- tions that reach more than 35 percent But this ominous would change the of-origin labeling rules for agricultural of the Nation’s households. In most to- law so that records of gun purchases products, including beef. In the wake of talitarian nations there is usually only are destroyed within 24 hours of sale. the mad cow scare, it is more critical one or two broadcast stations that are The logic to that escapes me and lots than ever that Americans get more in- controlled by the government. In this of people. I hope the American people formation about beef and other prod- case, they are held by people who have pay attention to that. The Brady law ucts they eat, not less information. a particular view of how society ought calls for these records to be held up to The bill also, regrettably, under- to get its information. 6 months. The current practice is to mines workers’ rights. Even though So in fairness to the constituents, hold the records for at least 3 months both the Senate and the House—both the citizens across the country, we so that there can be a second review or houses of the legislature—voted in made clear that ownership of those a second check. favor of blocking the administration’s outfits was to be held to a particular If someone is on a terrorist watch new rule to deny overtime pay to 8 mil- percent. In 2002, the FCC proposed rais- list, they certainly ought to report it lion Americans, this omnibus report al- ing the limit to 45 percent. Majorities immediately to the FBI or the CIA or lows the rule to go into effect. in both the House and the Senate voted whoever it is that is going to follow up The question is, How did it get there? to block this FCC rule to weaken on this information if the war on ter- You have heard me say that both the media ownership rules—to expand it rorism is as serious as it ought to be. If Senate and the House voted in favor of for the fat cats who presently own it to the Republicans’ 24-hour destruction blocking the administration’s rule to let them foist their opinion all over rule were put into place, no audit or deny overtime to people, deny their other investigation of terrorist activ- just compensation from coming to America without rebuttal. Congress spoke clearly. We said no. ity involving weapons purchases would them. How does this report ban that, Leave these caps where they are. There be possible. those consensus votes? The President’s is a reason and there is a value to The administration is already drag- overtime rule amounts to a 25-percent them. ging its feet when it comes to inves- pay cut, on average, for millions of But in the conference on this omni- tigating terrorists who purchase fire- hard-working Americans, including po- bus, the limit was raised from 35 per- arms. Believe it or not, when a known lice, firefighters, emergency workers, cent to 39 percent—some arbitrary act. terrorist purchases a firearm, the pol- nurses, and many others. Many of these By whom? We can’t say around here. It icy of the Justice Department is to people are veterans. It amounts on av- is an odd-sounding number. Not coinci- withhold relevant information from erage, according to the Economic Pol- law enforcement. Why is that so? Why icy Institute, to $161 a week in lost dentally, that is the number just big is Attorney General John Ashcroft so wages—$161 a week. That is $8,000 a enough to accommodate Mr. Rupert concerned with the gun rights of ter- year that will be taken away by this Murdock in his effort to allow his con- rorists? I can’t figure that one out. rule. servative views on his media empire to It doesn’t say you work less. The have more control over local TV news We only found out about terrorists amount of time you work may be the than is appropriate in communities acquiring guns from the audit of gun same. But you are going to lose part of across this Nation. background check data. But now, if the compensation that you currently These problems are only some of the this ominous is enacted, records will be earn if you work those hours. It is a bad provisions contained in the omni- destroyed in 24 hours. What the devil is very important addition to the average bus. the urgency to destroy those records? week’s pay. I haven’t even mentioned the worst Purportedly, it is so we don’t have Congress voted to stop this unjust problem in the bill. some file or big brother looking over rule. But the omnibus allows it to This bill contains provisions that your shoulders. move forward. Is that how democracy would help terrorists. I am heard cor- Talk to any of the people who had works? Congress speaks clearly, un- rectly. I will repeat it. This bill aids family members in the World Trade equivocally, on an issue and the White terrorists who seek to harm the Amer- Center neighborhood that I come from House comes in and tells the conferees: ican people. A dangerous provision was and ask them if those records ought to Hey, forget it; we don’t care what the snuck into this bill in the dead of be destroyed in a hurry. Or ask the people in the Senate or the House in a night, put there by the Republican people who lost loved ones in Pan Am majority vote want. You have to do leadership carrying water for the gun 103. If any of the records—if any of what we tell you to do. And we are lobby, that will help terrorists and those people associated with Libya and going to hold billions of dollars in criminals who purchase weapons to that group goes to purchase a gun, funding hostage until you agree with avoid detection by requiring the de- those records ought to be left open us. struction of gun background checks. until they are totally combed. If a per- That is not democracy; that is extor- That is done to see if the person is sta- son purchases a gun and it is discov- tion. ble or if they have any criminal con- ered that terrorists are planning to The overtime rule is not the only nections, yet requiring the destruction launch an attack somewhere in the provision in the conference report put of that information, that research, country, the records will have been de- there because of this extortion. To that investigation to be done in 24 stroyed. Whom are we trying to pro- clarify, there are lots of things in the hours. tect? appropriations bill. Some of them we What is the harm in holding that in- Under the 24-hour destruction stand- would like to see put into place. But formation and giving our law enforce- ard, we will not know where the pur- the administration, in a cute trick, ment people a chance to further study chase was placed or when or what fire- held them out for ransom to pass this it? arms were purchased. The loss of this omnibus bill. Some on the other side may say that data puts our communities at risk and For instance, if you vote your con- ‘‘terrorists don’t buy guns on the legal hinders the ability of law enforcement science, you are going to lose your market in the United States.’’ But to prevent terrorist attacks. Does that

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S95 make America safer? I am sorry that hind, which is funding for low-income certainly not something we should do. the President last night in his speech disadvantaged students, as compared We have an obligation to try to get to didn’t object to having that held over with the prior administration, in the full funding of the Federal share of spe- our heads legislatively now. last 3 years we have seen a 32 percent cial education. The President has made In their zeal to please the National increase in funding, going from $18.4 that commitment and we are on that Rifle Association and other special in- billion up to $24 billion. In the Title I path. This bill is part of that effort. terest gun groups, the majority is will- account, we have seen an increase of 41 Pell grants is another example. We ing to undermine homeland security percent, going from $8.8 billion to $12.3 all know it has become very difficult and individual security and put our billion. In the area of special edu- for people who are going to college communities in danger. So I ask the cation, we have seen a 59 percent in- today to pay the cost of college be- majority: Whose side are you on any- crease in funding, going from $6.3 bil- cause college tuition has increased so way? You really have to wonder when lion up to $10.1 billion. In the area of dramatically over the last 10 years, the Republican leadership decides that funds going to K through 12, totally, we outstripping the rate of growth of in- the protection of the anonymity of have seen an increase of 36.5 percent, flation by a factor of about two and a gun-buying terrorists is more impor- from $26 billion to $35 billion. In the half times. tant than protecting our country from area of Pell grants, we have seen an in- One of the ways we have tried to re- terrorist attacks. crease, going from $8.8 billion to $12 lieve that burden is to increase the My home State, New Jersey, lost 700 billion, or an increase of 37 percent. amount of money or to increase the people on 9/11. I would like someone That is in the last 3 years of this Presi- amount of people who participate in from the other side of the aisle, or dent. the Pell grant program, which is a someone from the Justice Department, This bill carries forward those initia- grant program which helps kids who to sit down with those families, many tives. The fact this bill is not passed are in college pay for their college tui- of whom I know, who lost loved ones, and the Democrats insist on holding it tion. If this omnibus bill does not pass, and explain to them why we should de- up will represent a very significant cut the Pell grant program will be penal- stroy these records so quickly. Explain in the amount of money that would ized with a loss of tens of millions of to these families why we need to pro- have gone into title I, which is edu- dollars which would be available for tect the terrorists’ identity when they cation for underprivileged children, college students in order to help defray try to buy a firearm. It is an outrage. into special education, and into Pell their cost of education so when they The majority claims that they care grants. get out of college they can participate deeply about homeland security. I am If we go under a continuing resolu- aggressively in the workforce and earn sure they do. But in practice, when tion, which is the other option to not the rewards of participating in the homeland security collides with gun passing this omnibus bill, it will mean workforce without having the huge rights, homeland security goes out the title I will end up being cut by over burden of debt placed on them by hav- window. $650 million. Those are dollars that go ing to pay for their tuition costs and I was a member of the Appropriations out to low-income kids, to schools that borrow money to do that but, rather, Committee for 18 years. The committee educate low-income kids, which is crit- by having a Pell grant, which is not a has always done its work in a bipar- ical to bring these children up to speed loan. tisan fashion. It is sad to see that bi- so they can compete with their peers This is a critical issue for us as a partisanship evaporate at the snap of and have a chance at the American country. As the tuition rates go up and Karl Rove’s fingers. dream. up, it has become more and more dif- I say to my colleagues on the other In addition, in the special education ficult for many people to participate in side of the aisle: Let us take the pollut- area, if this bill is not passed, it will college education. We as a society can- ants out of this ominous bill. We have represent an approximately $1.2 billion not compete in the world unless we a responsibility to fund critical govern- cut in special education. Anyone who have a highly educated workforce. ment programs without adding mis- goes back to their State and spends That highly educated workforce is con- guided or downright dangerous legisla- any time with their local communities ditioned on people being able to afford tive riders. knows the cost of special education is college. This bill allows a lot of people I yield the floor. one of the most difficult issues which to participate in college who will not I suggest the absence of a quorum. the local education community faces otherwise be able to. The PRESIDING OFFICER. The because the Federal Government re- We can honestly say if this bill is clerk will call the roll. quires, as rightly it should, that chil- held up, low-income kids who go to The legislative clerk proceeded to dren with special needs be educated title I schools will not receive the sup- call the roll. and be educated at a level competitive port they need, kids who are special- Mr. GREGG. Mr. President, I ask with their peers who do not have spe- needs children will not be receiving the unanimous consent that the order for cial needs. support they need, and the local taxes the quorum call be rescinded. Unfortunately, that is very expen- of people will go up as their real estate The PRESIDING OFFICER. Without sive. Originally, the Federal Govern- tax burden will go up, and many kids objection, it is so ordered. ment said it would pick up 40 percent who are attending college will be un- Mr. GREGG. Mr. President, I will of the cost of that education, but it has able to continue their college because speak on the issue of the education not been doing that. However, since they will not be able to obtain the Pell funding in this omnibus bill which is President Bush came into office, we grant. There are real lives at risk if being held up by our colleagues on the have dramatically increased our com- this bill is not passed in its present other side of the aisle, which is unfor- mitment in the area of special edu- form. tunate. cation. As a result, we have been able There are other things this bill has The issue of education, of course, is to reduce the burden on the local prop- that address education which are one of the priorities of our concerns in erty owner because more money has equally interesting and equally, in my Congress. We have made significant been going out from the Federal Gov- opinion, significant. The most signifi- strides under President Bush in ad- ernment to bear its share of special cant is the fact this bill includes the dressing a variety of different areas in- education, thus relieving the local District of Columbia’s efforts to pursue volving education, and this omnibus property tax owner from having to bear other options for their children in the continues that progress. It is inter- not only the local share of special edu- area of education. The Mayor of the esting to note the commitment which cation but also the Federal share of the District of Columbia, the head of the we as a Republican Party and the special education. If this bill is not school board of the District of Colum- President, under his leadership, have passed, that is $1.2 billion of additional bia, members of the city council of the made since coming into office. spending for special education which District of Columbia came to Congress The commitment to education, spe- will not occur, which will mean that and asked those in a position to deal cifically, has been dramatic. For exam- burden will be thrown right back on to with education issues, Will you help us ple, in the area of No Child Left Be- the local property tax payer. That is do some more creative things to try to

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S96 CONGRESSIONAL RECORD — SENATE January 21, 2004 address a very serious problem in our counts within the Federal Government. money—which would flow into the edu- school districts? I know because a significant amount of cational efforts here in Washington to The serious problem is this: Wash- that $40 million came out of my own try to improve those educational ef- ington, DC, spends the second most per appropriations bill which has nothing forts—not by putting more money after child of any school district in the coun- to do with the city of Washington, and money that has not worked in the past try. The only other school district in we moved that money into the city of but, rather, by putting more money in the country that spends more per child Washington account. We divided it into programs which have a potential of is New York City. Yet Washington, DC, three parts, and we structured it so working, and which we know will work has the worst performance for its chil- that the mayor and the board of edu- in specific instances, such as charter dren of any school district in the coun- cation and the council can set up three schools and choice—that money will try; in fact, the worst in many cat- programs: One, to assist in the creation not go forward. That money will be a egories. A lot of parents feel their chil- of charter schools; two, to add to the benefit, and there will be real lives im- dren are trapped in schools that are improvement of schools that already pacted in a very positive way. not working. The Mayor appreciates exist in Washington, the public school So we have seen a lot of crocodile this and wants to improve the school system; and, three, to have a choice tears from the other side of the aisle system but wants to give parents other program system. It is a creative and about their concern on education, options. They have in this town a pri- aggressive idea. about their concern about children. vate proposal, a private program for But if this bill does not go through, Where the rubber hits the road is kids whose parents want to send their that program will fail. The mayor and whether this bill passes or not. A lot of kids to a private school through a the people who are committed to this, children’s lives here in Washington will choice program, take them out of the and, most importantly, the children be affected. If it does not pass, they public schools and put them in a pri- who would benefit from this and their will once again be put in a system vate school. There are 7,500 kids wait- parents—and it is heartrending to meet which has failed them and failed their ing to participate in that program. these parents. peers. And, regrettably, it has failed The Mayor and the head of the school They have a lottery right now in this generations before them. If the bill board and members of the city council city where the private program—which does pass, there will be an opportunity, came to us and said, We would like to is funded privately, which is the phil- created by a creative and aggressive try a demonstration program in the anthropic program—every year draws mayor who is willing to take chances. area of choice where we will basically out of a hat a group of names of kids If this bill passes, there will be relief set up a fund which allows parents— who qualify to take part in the choice for many taxpayers in America who are most of these are single parents, by the program. Literally thousands of par- paying the burden of the Federal Gov- way—from very low-income situations ents, single moms in most instances, ernment’s share of special education. to take their kids, if they are not per- sit in that room and wait for their There will be relief on their property forming and they are not getting the child’s name to be drawn. When their tax bills. support they need in the public child’s name is not drawn, it is tragic, If this bill passes, people who are schools, to a private school as long as and the sense of loss is palpable. And going to college will be able to stay in that private school subscribes to the when their child’s name is drawn, the college, and they will not have to leave standards we as a city public school excitement that their child will have a college because they can no longer af- system set both in the area of account- shot at the American dream because ford to pay for it. ability and in the area of teaching they will get a decent education is If this bill passes, title I children, those children. electric. children from low-income homes, will It is a creative and courageous idea So the mayor has set up this pro- have a better shot at not being left be- the Mayor has put forward along with gram, working with the president of hind because the No Child Left Behind the president of the education board the board of education and with mem- bill will be more aggressively funded. bers of his council, and they came to us and along with members of the city So there are real lives affected by and asked for this money. council—courageous, obviously, be- whether or not this bill passes. I hope Unfortunately, Members on the other cause it flies in the face of the profes- Congress will see fit, and our col- side of the aisle have tried, in all sorts sional education community, and espe- leagues on the other side of the aisle of ways, to defeat this program. It is cially the unions. will see fit, to stop this filibuster and But the mayor is committed to try- ironic that they have because there are pass this bill so these students can get ing to improve the educational level of not a whole lot of Republicans serving on with their education. the kids in Washington. He simply is in the municipal government in the I yield the floor and suggest the ab- not willing to accept the idea of gen- District of Columbia. In fact, I do not sence of a quorum. eration after generation of children think there are any. I don’t know. I here in Washington being left behind suspect there are not. I think only 12 The PRESIDING OFFICER. The and not being able to participate in the percent of the people in the city are clerk will call the roll. American dream because they cannot registered Republicans. The mayor is The legislative clerk proceeded to get the education they need. Democrat. I know the board of edu- call the roll. When you have parents who are wait- cation is democratically controlled. Mr. GRAHAM of Florida. Mr. Presi- ing, enthusiastically, to try to give The council is democratically con- dent, I ask unanimous consent that the their children an option, to try to give trolled. The whole administration is order for the quorum call be rescinded. their children an opportunity, which democratically controlled. The PRESIDING OFFICER (Mr. COR- does not exist today, by moving their It was, ironically, the leadership of NYN). Without objection, it is so or- child from a public school to a private the city, a Democratic leadership, that dered. school, when you have parents who are came to a Republican Congress and The Senator from Florida is recog- willing to take that risk with their said: Give us this opportunity. We will nized. children, and you have a mayor who is take it. We will run with it. We will Mr. GRAHAM of Florida. Mr. Presi- willing to do that, then you have a for- make these children’s lives better and dent, as fate would have it, the first mula for maybe improving the lives of give their parents a chance to give vote this new session of Congress has these children. their children something special. before it, as our first measure, is an The mayor came to us and said: Give Unfortunately, they were stone- omnibus appropriations bill for fiscal us this program. We would also like a walled, regrettably, by the other side year 2004. program which helps us support more of the aisle, but we were able to get This first-of-the-year appropriations charter schools in the city and helps us around that and we were able to put in bill is the product of negotiation do more school improvement in the this bill the language which accom- among the leadership, primarily Re- basic public schools. plishes this. If this bill fails, then that publican leadership in this Chamber So we put together a package where program fails, and it will mean that $40 and their House counterparts, to meld we took $40 million out of other ac- million—which is a huge amount of together a series of appropriations bills

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S97 that had been unable to be passed prior when I am on these workdays. I talk expensive for me to pay these existing to the time of our adjournment in 2003 about hunting or fishing or football or employees an additional amount to and have now been presented to us as a whatever but not politics. These three work overtime than it is to undergo single bill. men brought it up at lunch. They said: the training cost and the insurance This single bill will provide for dis- We heard somewhere that they are cost, particularly the health insurance cretionary domestic spending of $328 talking about messing with our over- cost, of bringing a new person on billion—$328 billion. In fact, it contains time. board. over 7,000 earmarks, which means spe- I said: Well, how much will this af- I believe this extensive use of over- cific projects that have been added to fect you? time is a significant factor in causing a this bill, almost exclusively projects They said: It will affect us a lot be- jobless economic recovery. If it is a sig- that were never considered by the Sen- cause we typically work maybe 50, 60 nificant problem today, when the em- ate. hours a week doing this job, and that ployer is having to pay an additional Senator MCCAIN has given a speech, overtime is what makes the difference $10 an hour in overtime, think what it as has Senator BYRD, outlining ade- between us sort of getting along and is going to be like when the employer quate reasons to vote against this om- getting along with a little extra money doesn’t have to pay the additional $10 nibus bill based on those facts alone. I to do the things our families need. an hour in overtime, where the amount would probably have voted against the I cite that example to indicate this is of work that the four current employ- bill based on those facts alone because not an inside-the-beltway issue. This is ees do would be paid at the same rate I consider myself to be a fiscal hawk, an issue which the American people un- as those four plus a fifth working at 40 and I consider that the kind of spend- derstand and about which they are hours a week? ing in this bill is illustrative of the un- emotional. No. 2 is another example. A plant has disciplined practices into which this Under the Bush administration’s 100 employees, all of whom are cur- Congress and this President have too overtime plan, millions of salaried rently eligible for overtime. Under often fallen. workers who make between $22,101 and these new rules, let’s say that 20 of But that is not the reason I am going $65,000 a year—just think how many those 100 are reclassified as being ineli- to discuss today. It is the fact of what millions of families fall within that gible for overtime. The plant has a cer- is not in this bill. What is not in this range of $22,101 and $65,000 a year— tain number of hours of overtime bill is a provision which was adopted could be reclassified under more le- which are going to be incurred. Today on a bipartisan basis by the Senate and nient standards as executive, adminis- they are distributing that among the by the House of Representatives which trative, or professional employees and 100 overtime-eligible employees. I can would protect the overtime rights of would no longer qualify for overtime. tell you with a high level of confidence our Nation’s workers. I indicated earlier that the plan that if we allow this Department of A brief background. In 2003, the De- would affect approximately 8 million Labor regulation to go into effect, partment of Labor developed a regula- workers in 257 occupations. This is the whatever overtime is generated in that tion which would modify the current estimate of the Economic Policy Insti- plant is going to be assigned to the 20 overtime pay standards. The practical tute, that that many workers in that employees who no longer are eligible to effect of this will be to make some 8 many occupations would lose their get overtime pay. million American workers, who are right to overtime. In my State of Flor- At a time of a jobless economic re- now eligible for overtime, ineligible for ida, the change is estimated to affect covery, to propose cutting overtime overtime. 441,000 workers. Those numbers dra- earnings, which will give an even My colleague and good friend from matically understate the real impact greater incentive not to employ people, Iowa, Senator HARKIN, who also has of this legislation. is to cause one to question the common spoken eloquently on this matter Let me give two illustrations of its sense of the people who are proposing today, offered an amendment to pro- extended impact. We are concerned this. This plan offers no incentive for tect the overtime our Nation’s workers about a jobless recovery. Yes, the stock economic stimulation. It is an incen- earn from this new Bush administra- market is up. Yes, we are showing a tive to further reduce employment by tion policy. significant increase in our domestic relying on now no longer overtime Senator HARKIN’s amendment passed economic output. But in the month of compensated additional hours of work the Senate by a vote of 54 to 45. That December, do you know how many jobs by your current workforce. same measure was then endorsed by were created as a result of all that eco- This also offers no economic incen- the House of Representatives when nomic activity? One thousand. I have tive to our general economy. We have they instructed their conferees, who not made a mistake. I didn’t misstate debated this issue for much of the last would be responsible for negotiating 100,000 or 150,000. One thousand new 3 years: What is the most appropriate any differences between the House and jobs were created in the month of De- way to stimulate the economy? Last the Senate bills, to accept the Harkin cember. night the President didn’t talk about amendment by a bipartisan vote of 221 While there is no single reason that changes in trade policy. He said we to 203. that is true, I believe one of the rea- were going to stimulate the economy In spite of that history, this provi- sons is the math I am about to give by making tax cuts permanent. sion, which would have rolled back the you. Assume you are an employer. You As Senator BYRD discussed with vigor Department of Labor’s denial of over- have four employees. As part of this and eloquence a few hours ago, 75 per- time to 8 million Americans, was re- economic upturn, you have generated cent of these tax cuts go to 1 percent of moved from the bill, ostensibly at the enough demand for your product that the American taxpayers. insistence of the White House. you really need to hire a fifth em- That is not a program of economic I have had a practice, now for almost ployee. So you have a choice: Hire a stimulation. Rather, it is a program to 30 years, of taking different jobs. My new person or you can ask the other compensate the most affluent people in next-to-the-last job was as a coal com- workers to add 10 hours a week to the country by cutting their taxes and pactor. That consisted of driving a very cover the amount of additional demand letting the crumbs of the other 25 per- big piece of equipment, made by Cater- that has been generated. Assuming cent of the tax cuts fall down on the pillar in Peoria, IL, over a large field of these workers earned $20 an hour, that rest of us. West Virginia coal in order to keep it would mean that while they are in If we were serious about economic at the necessary compaction so that it their overtime period, they would be stimulation through the Tax Code, we would not be subject to self-ignition earning $30 an hour. So each of the four would have a different tax cut policy. I and fire. There were three other men people would earn 10 hours at an addi- have advocated, as an example, that we who worked with me in that job. It tional $10. So they would earn, as a re- ought to have a program to make the took place at the Gainesville regional sult of overtime, $100 a week times the first $10,000 of earnings free from the utility generating plant. four workers which is $400 a week. payroll tax. That would put approxi- At the lunch break, we avoided talk- The employer could very well look at mately $780 in the pocket of every ing politics. That is sort of my rule those numbers and say: Look, it is less American, the largest share of which

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S98 CONGRESSIONAL RECORD — SENATE January 21, 2004 would go to where the largest share of 54–46, the Harkin amendment was very much. Now it is January 21, and Americans are—into the middle class. I passed, which prohibited any funding the Secretary of Labor says the regula- can tell you, from common sense, those to implement the new regulation on tion will be ready for being promul- people will actually spend the $780 be- overtime pay. There is no doubt it gated on March 31. I doubt very much cause they have kids who need new would be useful to revise the regulation that will happen. Yesterday, in the clothes; they have a car that needs to with the view to limiting and reducing course of the hearing, I asked the Sec- be replaced; they have a new bedroom litigation. We had an extensive hearing retary a detailed set of questions to see they may need to add to the house be- yesterday. The Secretary of Labor tes- how many comments she had. Report- cause they just had another child. tified. We analyzed the current regula- edly, it was some 80,000. After the regu- We didn’t take that approach. We tions, we analyzed the new regulations, lation is promulgated by the Depart- didn’t focus our tax cuts on the Ameri- and it was apparent the new regula- ment of Labor, it has to go through the cans who are most likely to use the tax tions will not do anything to reduce OMB, and that takes a long time. At cut to stimulate the economy by in- the litigation. There are still the same March 31, we already will have half of creasing demand. Having committed ambiguities regarding the various cat- the fiscal year gone. It will not be that first error, we are now about to egories of personnel, making it evident much of a concession by the adminis- compound it by taking away overtime from the course of the very extensive tration to allow this regulation to not pay from the same group of Americans hearing we had yesterday that the ob- be put into effect until the end of this who, if they get the overtime, are most jective of reducing litigation will not fiscal year and to take up the alter- likely to spend it, create demand, and be accomplished by the new regula- native legislation, which I have intro- create new jobs in our economy. It is tions. duced, that would provide for a com- just confounding that, at a time when In approaching the cloture vote, we mission. But we face a situation where we are concerned about the future of are not between a rock and a hard we have been unsuccessful in months of this country and we are concerned place. We have an impossible situation negotiations to try to effect a change about economic stimulation, when we because, either way we go, we are going on this issue. have concerns about the fairness by to have this regulation, unless there This is part of the political process. which our people are viewing their can be a negotiated change with the It would have been my hope that the Government’s action, we would go an administration. After making that ef- Secretary, who comes to our sub- additional mile to cut away the eligi- fort repeatedly for months, I do not committee with frequent requests that bility for overtime pay for 8 million think that is a realistic possibility. We we have accommodated to the max- Americans. are faced with this regulation whether imum extent possible, in the spirit of This policy is not just bad economics; we pass the Omnibus Appropriation bill reciprocity would have accommodated it is also bad security because many of or not. If we do not pass the Omnibus us for a few short months. But in view the people who will be affected by this appropriation bill, then we will have a of the fact that this regulation will are people who are our first responders. continuing resolution, and the con- take effect whether we pass the omni- They are police officers, firefighters, tinuing resolution will leave in effect bus or not, the continuing resolution air and traffic controllers, nurses, and the current funding for the Department will leave the regulation in effect. The others involved in emergency medical of Labor, Health, Human Services and Omnibus appropriations bill will leave care. All of these will potentially see Education, and all of the other depart- the regulation in effect. their wages diminished as a result of ments that are affected by the Omni- It is obviously preferable to have the this one provision in a bill which does bus bill. With a continuing resolution, omnibus pass, where we have the addi- not justify passage even on its own there will not be any provision to pro- tional funding, $3.7 billion, for the sub- merits—a provision which has stripped hibit the implementation of the regula- committee for very important items. That is why I feel constrained, not- out a proposal that passed by bipar- tion. withstanding my very strong objec- tisan majorities in both the Senate and If the alternative is followed, the re- tions to this regulation on overtime the House, passed at the instance of sult will be the same. If you have the Omnibus appropriation bill in its pay. the White House, wanting to assure I think it is not appropriate, not present form, which does not have the that its policy of cutting back on aver- really fair to the American working prohibition against implementing this age American workers’ overtime is im- men and women that a few extra overtime regulation, then the regula- plemented. I would vote against clo- months were not commissioned to try tion goes into effect. So either way you ture on this bill today; I will vote to bring some clarity. I agree with the go, you have the regulation. So that we against cloture on this bill tomorrow; I proposition that we ought to take are not between a rock and a hard will vote against cloture on this bill at every step we can to clarify the regula- any time we have the opportunity to place; we are faced with this regulation tions to eliminate litigation. But on do so. And should we, in a moment of on either alternative. this state of the record, the least unde- If we do not pass this Omnibus appro- lack of wisdom, grant cloture and this sirable alternative is to have cloture priation bill, there will be very many bill is passed, then I will join my col- imposed and to try to pass this bill. leagues in every effort to see that what important projects that will not be Mr. President, I suggest the absence the Congress of the United States funded. If you take the Department of of a quorum. wants to happen, what the people of Labor, Health, Human Services, and The PRESIDING OFFICER. The the United States desperately want to Education, and the subcommittee clerk will call the roll. happen—which is to retain their over- which I chair, there is an addition of The assistant legislative clerk pro- time pay benefits—will occur. Even $3.7 billion this year, with substantial ceeded to call the roll. though it is not what President George additional funding for the National In- Mr. KENNEDY. Mr. President, I ask W. Bush wants, this will be a battle the stitutes of Health, with substantial ad- unanimous consent that the order for American people will win. ditional funding for education, and sub- the quorum call be rescinded. The PRESIDING OFFICER. The Sen- stantial additional funding for Head The PRESIDING OFFICER. Without ator from Pennsylvania is recognized. Start. We really do not have a choice. objection, it is so ordered. Mr. SPECTER. Mr. President, it had Last November, when the omnibus Mr. KENNEDY. Mr. President, one of been my hope we would have elimi- was taken up, the chairman of the the worst provisions in this shameful nated the overtime pay provision, be- House Appropriations Committee, bill is the provision that will take cause I believe it is not a good idea, Chairman YOUNG, the chairman of the away the right of overtime pay to mil- with the economy just beginning to re- subcommittee, Chairman Regula, lions of loyal and hard-working Ameri- cover—obviously fragile—to be denying chairman of the Senate Appropriations cans. That provision also shows the many American working men and Committee, Senator STEVENS, and I enormous gulf between what the Bush women overtime pay. met and tried diligently to work out an administration says and what it does. This issue came before my sub- accommodation to delay implementa- Again and again, President Bush committee, Labor, Health, Human tion of this regulation until the end of talks about providing economic secu- Services and Education. By a vote of the fiscal year. We were not asking for rity for all Americans, and then he

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S99 quietly tries to deny millions of work- states. I will include the whole provi- I do not know what that will mean in ers their basic right to overtime. sion but included in the provision—lis- the future if that happens because we If you have to work overtime, you de- ten to this, Mr. President—is: know that the incentives—one of the serve overtime pay. No employer The word ‘‘customary’’ means that reasons that many young people go should deny you that right, and no exemption is also available to the em- into the Armed Forces is because of the President and no Congress should take ployees in such professions—these will various training and educational bene- it away from you. be the people who are included in the fits. Effectively, the Bush plan would In his State of the Union speech last rule and, therefore, ineligible for over- do away with the standard requirement night, the President said his jobs and time—it says: and allow equivalent training in the growth agenda would include ‘‘relief The exemption is also available to employ- Armed Forces to substitute for the 4- from needless Federal regulation.’’ Ap- ees in such professions who have substan- year degree and therefore make these parently, he believes protecting em- tially the same knowledge level as the veterans ineligible. These training pro- ployees’ overtime pay is a needless reg- degreed employees— grams, as I say, have been a primary ulation. Those are generally the 4-year degree incentive for attracting people into the Millions of employees across America employees to whom they are referring. Armed Forces. disagree with that. This proposal but who attained such knowledge through a Do my colleagues understand that? It makes clear that the Bush administra- combination of work experience, training in says here—I am reading right from it— tion is working overtime for the cor- the Armed Forces— training in the Armed Forces, and it porations and against the workers of Training in the Armed Forces. This goes on: Comma, or other intellectual America. We are fighting a war in Iraq, is the first time they have included instructions, training in the Armed and this President and this administra- that you can be ineligible for overtime Forces. tion is also waging a war on workers pay if you have been trained in the So that is what would happen to here at home. Armed Forces. thousands of those men and women Thirteen million children are going I say to my colleagues, what are the who are over in Iraq and Afghanistan, hungry every day; 8 million Americans kinds of training they get in the Armed scattered around the world. They come are unemployed with no jobs in sight; 7 Forces? The Army, for example, offers on back. This proposal goes into effect. new recruits a choice of over 200 occu- million workers have been waiting Their employer is going to look down pations, each of which includes train- since 1997 for the raise they deserve in and say, oh, Jim, by the way, you were ing and a listing of the civilian occupa- the minimum wage; 90,000 workers a in a training program before you went tions for which training could help week are losing their unemployment over to Iraq and you were trained, and them find a job. This proposal would benefits. They can’t find jobs in the it says in these rules here I do not have punish the veterans with loss of over- Bush economy, and the President took to pay you overtime because that is time protection precisely because they away their unemployment benefits, right in these rules. have received the exact same training So we are fighting for our veterans too. And more than 8 million workers that is used as a recruitment incentive. and fighting for our men and women will lose their overtime pay because The military trains service members serving bravely now in Iraq and across President Bush says they don’t deserve for hundreds of occupations, including the world, who return to civilian life it. lab technicians and other health care only to find that the training they Majorities in both the Senate and the occupations, information technology, earned in the military will now be used House agreed that the Bush adminis- engineers, drafters, designers, air traf- to deny them their right to overtime tration was wrong to deny overtime fic controllers, communications spe- pay. protections to workers, and by a vote cialists, law enforcement, firefighters, Most cynical of all, the Bush admin- in the Senate and a vote in the House security personnel, journalists, and the istration claims that its plan would ac- of Representatives, we said to the list goes on. tually entitle low-income workers to President: You are wrong. But here it If you go into the Armed Forces, you qualify for overtime. The Department is. They took it out of this bill behind serve in Iraq, you come back, you have of Labor has distributed guidelines to closed doors at the last minute, and received training programs. Under employers on the steps that they can now they expect Congress to accept these regulations, you are ineligible for take to avoid the need to pay that that because the vote is on this larger overtime. overtime. Just calculate the pay an bill. That is unconscionable. Why did they employee now gets with overtime in- We could change this bill in a minute put in the service members’ training cluded and then cut the employee’s and send it on to the President, and programs in the Armed Forces for the basic pay enough to reduce the total to that is what we ought to do. We know first time? This is put in for the first what it was before. for whom we are fighting on this issue, time in changes to the rules. This is Is there anybody who doubts what is and we know why we are fighting—for the first time in the history of over- going on? This is basically a sop to their right to keep the overtime pay time, going back to the Fair Labor companies and corporations around the they deserve. Standards Act, that they have included country in order to squeeze employees We are fighting for the nurse who this training. even further. There are more than burns the midnight oil day in and day I am absolutely amazed, at a time eight million out of work. Last quarter out caring for the sick and the elderly. when we are asking our service men we found employment increased by We are fighting for the firefighters, the and women to do so much and while only 1,000. They expected close to law enforcement officers, the first re- they are in Iraq and elsewhere, we are 300,000. It increased by only 1,000. There sponders—the heroes of homeland secu- passing a regulation in this omnibus are so many workers who are eligible rity—the men and women standing bill that is going to say when they for unemployment insurance even watch and working night and day to come back that if they have been though they have paid in for it, 90,000 protect our safety. They are our gen- trained in any of these areas, they will at the end of this week which will be eration of Paul Reveres prepared to act be considered, under these regulations, the end of all of their unemployment when danger comes. They deserve fair a professional and be ineligible for compensation. Did we hear anything pay for all they do. overtime, after they have been risking about that last evening? I did not. We are fighting for our veterans and their lives for the American people. So is that cynical or what? How red- for our men and women serving so Does that make sense? Permit us to handed do we have to catch this admin- bravely now in Iraq and across the have an up-or-down vote on that, Mr. istration before the American people world who return to civilian life only Republican Leadership? Permit the understand what is being done to to find that the training they learned Senate to vote on that and see what them? Always it is the Bush adminis- in the military will now be used to the sentiment is? Oh, no. Just tuck it tration putting corporate profits over deny them their right to overtime pay. into the regulation, behind closed the well-being of American workers. I want to point out what this pro- doors; put it in there with everything The Department of Labor’s mission is posed regulation under professional else and let it become law without giv- to promote the welfare of the job seek- employees is all about and what it ing Congress a say. ers, wage earners, and retirees of the

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S100 CONGRESSIONAL RECORD — SENATE January 21, 2004 United States, and that is what it says other industrialized nation in the country backwards on this funda- on the Department’s Web site. It does world. The United States is right over mental issue, the right to overtime pay not say promote the bottom line for here on this chart. We can also com- when workers are forced to work over- businesses. pare Denmark, France, Ireland, Neth- time by their employers. Let’s preserve The last thing American workers erlands, the UK, Italy, and Germany. the overtime protections on which so need in today’s troubled economy is a This was in 2001. It is still relevant in many millions of working families pay cut like that. Staff Sergeant John terms of the current time. We can see across the country depend today. Why Miller, who performs homeland secu- workers in the United States work con- should their standard of living have to rity and other public safety duties in siderably more than any other country go down so employers can make higher the District of Columbia National in the world. So they are No. 1 in the profits by squeezing workers harder? Guard, is concerned that he and many workplace. I would like to address one other in his department will lose their over- The second chart shows that if one issue that is related to the workers of time pay because of the Bush plan. He does not have overtime protection, this this country, and that is the issue of recently testified that eliminating is what happens: Workers without the the unemployment compensation. The overtime pay will have a devastating overtime protections are more than Federal extension of unemployment impact on his department’s ability to twice as likely to work longer hours, benefits expired December 31 and 90,000 perform vital public safety responsibil- more than 40 hours a week without pro- workers a week have been running out ities. Without his overtime pay, he said tection. Forty-four percent of workers of benefits. The economy lost 2.4 mil- his family could no longer afford their who had no overtime protection lion jobs since President Bush took of- current mortgage or save for college worked more than 40 hours a week, fice and at the December rate of job for their two teenage children. compared to 19 percent of those with growth it would take 200 years to re- Thousands of veterans will lose their the overtime protection, well more turn to prerecession jobs levels. Amer- overtime pay as well. Under current than double. If it is more than 50 hours ican workers can’t wait that long. law, workers can be denied overtime a week, those without overtime protec- Nearly 15 million Americans are out of protection if they are in the category tion work three times longer than work, including discouraged and under- of the professional employees. In gen- those who have the protection. employed workers, and the number of eral, it is only workers with a 4-year Who is affected by this? All one has long-term unemployed remains unac- degree in a professional field who will to do is see under the recommendation ceptably high at 2 million. be classified as professional. The Bush of the Bush administration of the 8 Historically, job loss during a reces- plan will abolish this standard and million people, what are the classifica- sion is about 50 percent temporary and allow equivalent training in the Armed tions? It is very interesting. We are 50 percent permanent. Today, nearly 80 Forces to be routinely substituted for a talking about police officers. We are percent of the job loss is permanent. As 4-year degree. How is that for a slap in talking about nurses. We are talking a result, many of the unemployed will the face to our courageous men and about firefighters. They are the back- not return to work soon. women fighting in Iraq? bone of the homeland security, the Today, there is only one job opening Cutbacks in overtime pay are a front line responders. The dangers we for every three out-of-work Americans. nightmare that no worker should have are facing from bioterrorism, who is The Republican leadership continues to to bear. Nationwide overtime pay out there first? The firefighters, police- paint a rosy picture of the economy makes up a quarter of a worker’s total men, and nurses. This proposal will ef- while ignoring these workers. House pay. The administration’s policy will fectively eliminate their overtime. We majority leader TOM DELAY has said he mean an average pay cut of $160 a week should not be eliminating it. sees ‘‘no reason’’ to extend unemploy- for every worker. That is an outrage. We ask them to take vaccines in a ment benefits and the Bush adminis- Hard-working Americans deserve a number of instances where we are un- tration has been silent on the issue. pay raise, not a pay cut. sure about what the outcomes are Democratic Senators have asked for It is wrong for the administration to going to be. We do not even provide unanimous consent to take up and pass try to force the unfair pay cut on them with adequate compensation if a Federal unemployment extension them. More than 2 million jobs have they are going to get ill or sick as a re- more than a dozen times. Each time been lost since President Bush took of- sult of it. We ask them to do all kinds the Republicans say no. fice. Unemployment is a massive prob- of things. The program was enacted in March lem, especially in hard times such as Now their reward will be we will find 2002 and extended in January 2003 and these. Overtime pay is exactly the in- that, under the proposal that is in this May 2003. It provided 13 weeks of unem- centive needed for job creation, be- legislation, their overtime pay will be ployment benefits in most States, and cause it encourages employers to hire effectively eliminated. 26 weeks in high unemployment States. more workers, instead of requiring cur- The same department that is tasked Today, due to the criteria used to de- rent employees to work longer hours. to protect American workers and en- fine high unemployment, only one We need a job creation policy, but all hance the employer’s workplace and state qualifies as a high unemployment the Bush administration proposes is a enhance the opportunity for work in State, Alaska, despite continuing un- job destruction policy. this country put out the proposal about employment in many other States. The overtime pay requirement and how to avoid paying your employees The bill would reinstitute and extend the Fair Labor Standards Act has been overtime. That is courtesy of the Bush the Federal Unemployment Insurance a fundamental right of American work- Department of Labor. Program for 6 months, and ensure that ers for more than half a century. That There it is. They just spell it out for high unemployment States continue to basic law was enacted in the 1930s to us. The Department of Labor spells out be covered. create the 40-hour week. It says work- how the employer can circumvent pay- I see my friend and colleague on the ers have to be paid time and a half for ing any kind of overtime if they are other side. I have just mentioned to the extra hours. Since 1938, that has been doing it even today, and gives every Senate we are now at the point where the law. employer who wants to the way in we are losing 90,000 workers a week, According to the Congressional Gen- which they can undermine it. those who are losing coverage on un- eral Accounting Office, employees Congress cannot stay silent and roll employment. We still have some 15 without overtime protection are twice over while more and more Americans million Americans out of work, includ- as likely to work overtime as those lose their jobs, their livelihoods, their ing the discouraged and underemployed covered by protection. Americans are homes, their dignity, and their hope. workers. And the number of long-term working longer hours today than ever We will be fighting other battles in this unemployed remains unacceptably before, longer than any industrialized session, battles to restore jobs, guar- high—nearly 2 million. nation. I will show this in the following antee fair unemployment benefits, Historically, as I mentioned, the job illustrations. raise the minimum wage. The place to loss during a recession is about 50 per- This chart shows that Americans start is here. Let’s at least not allow cent temporary and 50 percent perma- work more hours than workers in any the Bush administration to take the nent. Today it is 80 percent permanent.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S101 These are real people with real needs— torial comments. No. 1, the unemploy- I hope our colleagues will look at families, mortgages to pay, food to put ment rate is coming down. It is at 5.7 that and other measures maybe that on the table. If we are going to have an percent. In 1993, at the conclusion of a would help reduce health care costs expanding economy, it should not be significant downturn and recession in and other things that would create a done at the expense of one sector of our the economy, the Democrats were in more productive environment for job economy. It should be a tide that raises control of the Senate and they had a creation in the United States. all the boats. There is no question that Temporary Federal Unemployment I yield the floor. Wall Street is doing well. There is no Compensation Extension Program. The The PRESIDING OFFICER. The Sen- question that a number of our compa- unemployment rates at that time were ator from Massachusetts. nies are having extraordinary profits. between 6.6 and 7.7 percent. In other Mr. KENNEDY. Mr. President, just to But we have these two issues, one de- words, they discontinued the program respond briefly, as this chart indicates, nying the 8 million Americans the when the unemployment rate was at our economy has lost 2.4 million jobs overtime, including veterans. And now 6.6. The unemployment rate today is since the President took office. The job we have a proposal to permit the exten- 5.7. creation has been anemic. The econ- sion of the unemployment compensa- I might mention the title of this pro- omy created only 1,000 jobs in Decem- tion for those who have paid into the gram has been Temporary Federal Un- ber. At the December rate of job program and who are in dire need. employment Compensation. It was growth, it would take 200 years to re- I ask unanimous consent the Senate temporary. I note today there are 26 turn to the level of jobs we had when proceed to the immediate consider- States, over half of States have unem- President Bush first took office. ation of S. 2006, a bill to extend unem- ployment rates of less than 5 percent. The reality is that the estimate of ployment benefits for 6 months, which To have a national program for every the administration was that we were I introduced yesterday; that the bill be State, which is very expensive, I am going to create 300,000 jobs as a result read a third time, passed, the motion not sure is timely. of the tax cut. It is down to 1,000. The to reconsider be laid on the table, and That is the reason we should have a reason we have seen the move from 5.9 any statements appear in the RECORD chance to review this. Without having to 5.7 percent in unemployment is basi- as though read. a chance to find out what the cost of it cally that so many people have been The PRESIDING OFFICER. Is there is, from what I have gathered and disillusioned. They have given up. We objection? learned over the years, I object. put this program in, which I support, Mr. NICKLES. Reserving the right to We have already spent, for the infor- at a time when unemployment was 5.7 object, I need to find out what the re- mation of my colleagues, over the last percent, the exact same percent that it quest is. Unfortunately, I tell my 36 months I think something like $30 is now. But it is objected to. friend and colleague from Massachu- billion. It is not an inexpensive pro- It is true the plans are costly, but we setts, the Senate has been in for a day, gram. know that the fund itself which the but I have not read his bill. I under- I might note that in the 1990s Con- workers have paid into has nearly $20 stand he introduced it yesterday. He gress spent $28.5 billion. That was over billion. This would cost about $7 bil- wants to pass it today. Senator KEN- 30 months when the unemployment lion. That represents funds the workers NEDY is a very effective legislator, but rate was much higher—6.6 to 7.7 per- have paid in for just this kind of rainy I personally have not had a chance to cent. day. But no, we are being objected to. read the bill. I might also, for the information of In the early 1990s, Congress extended Will the Senator tell me what the es- my colleagues, note that many States the unemployment benefit five times. sence of his bill is? Is it a program to have not spent the $8 billion of Federal That program did not end until the double unemployment compensation funding that we transferred in March economy had more jobs than before the extension to 26 weeks? Or extend the of 2002 for unemployment compensa- recession began. present program to 13 weeks? tion. We transferred $8 billion. Accord- This is a fair enough test, it seems to Mr. KENNEDY. I say to the Senator, ing to the Labor Department, there is me. But when you have 90,000 Ameri- it is essentially the same plan we still $5 billion remaining unspent by cans who have worked—these are passed before. The bill will reinstate the States. Americans who have worked hard, the insurance program for 6 months, Those are reasons I objected to my played by the rules, have families, ensure that higher unemployment friend’s unanimous consent request. I mortgages, and paid into the fund. The States continue to be covered—13 appreciate his bringing this to the fore- fund is in surplus, and we have 90,000 weeks; 13 weeks. It is the narrower pro- front of the Senate. It may not be the who are losing their coverage. This is a gram. last we have heard of this. But this is temporary program. It is short term— Mr. NICKLES. I appreciate the clari- a temporary program. I think some 6 months, about $7 billion, with nearly fication. people would like for it to be a perma- $20 billion in surplus. Mr. President, I object. nent program. This Senator does not Workers are entitled to this kind of The PRESIDING OFFICER. Objec- want it to be a permanent program. protection. They are entitled to a min- tion is heard. For those reasons, I objected to the imum wage. They work 40 hours a week Mr. NICKLES. Mr. President, two or request. I will be happy to work with 52 weeks of the year so they don’t have three comments. Senator KENNEDY is my colleague, the Senator from Massa- to live in poverty. Most Americans be- my friend. We debated this issue a cou- chusetts, to see if we can’t do some- lieve that. They understand, for exam- ple of times. thing positive to help create an envi- ple, when we have the chance to in- In the past many months, I guess for ronment which is more conducive to crease the minimum wage that we have the last year and a half, there has been more jobs for more Americans this been blocked for 7 years. For 7 years, an effort to turn a 13-week program year. I think we can do that in a vari- Republicans have blocked it. They into a 26-week program. I have objected ety of ways, one of which would be block increasing the minimum wage. to that very strongly and will continue making the Tax Code more fair for the They block extending unemployment to object to it very strongly. working environment. I will work with compensation. They initiate rules to As I understand Senator KENNEDY’s all of our colleagues to see if we can’t eliminate overtime. explanation, this is an extension of the have a more productive job-creating This is the record. When we talk existing Federal unemployment com- environment, one part of which would about the minimum wage, it is obvi- pensation program which is scheduled be to pass an energy bill. ously a women’s issue because most of to expire by the end of March of this We passed a good energy bill. I am the people who receive the minimum year. But I would like to point out a not saying that what we had last year, wage are women. It is a children’s issue couple of reasons why I object. which I guess is still on the calendar, because great numbers of those women I will be happy to work with my was a perfect energy bill. But I believe have children. It is a civil rights issue friend and colleague from Massachu- there are thousands and thousands of because many of those who work at setts to maybe learn in greater detail jobs that could be created if we passed minimum wage are men and women of of his proposal, but just a couple of edi- a positive energy bill. color. And it is a fairness issue.

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S102 CONGRESSIONAL RECORD — SENATE January 21, 2004 We can’t get the chance to vote on Mr. KENNEDY. Mr. President, very rectly helps clean up the Chesapeake these matters. There is objection. How briefly, we will have an opportunity to Bay. long did we hear last fall about, we debate this further. We were denied an Let me tell my colleagues what this ought to be able to vote on Medicare? up-and-down vote on the minimum means in my State of Maryland. The Let the people vote up and down. But wage just last year when the Repub- Chesapeake Bay is part of our heritage. no, no, we can’t with regard to the un- lican leadership pulled the State De- It also source of jobs from the employment compensation. We can’t partment bill from the floor rather watermen to the restaurant owner. Yet get a vote on increasing the minimum than let us vote on the minimum wage the President’s budget cut funds for wage. They have refused to permit this amendment. this critical infrastructure program. institution to have a vote again on the There being no objection, the mate- That’s why I fought to provide $1.35 bil- overtime limitations for 8 million peo- rial was ordered to be printed in the lion for water and sewer construction. ple because there is objection. I think RECORD, as follows: This funding means a cleaner Chesa- that is wrong. However, the word ‘‘customarily’’ means peake Bay and new jobs right away— We look forward to another oppor- that the exemption is also available to em- high paying construction jobs that will tunity to come back and address these ployees in such professions who have sub- put people back to work clean our envi- issues in a way where hopefully we will stantially the same knowledge level as the ronment and prevent cost shifting to be able to get a vote. degreed employees, but who attained such our local communities. The PRESIDING OFFICER. The Sen- knowledge through a combination of work We have a chronic shortage of nurses ator from Oklahoma. experience, training in the armed forces, at- tending a technical school, attending a com- in America. This bill contains a $30 Mr. NICKLES. Mr. President, it is a million increase for the Nurse Rein- pleasure to see my friend from Massa- munity college or other intellectual instruc- tion. vestment Act—legislation I wrote that chusetts again. He is feeling good. He is Ms. MIKULSKI. Mr. President, I provides scholarships to nursing stu- energetic, as he always is. He is a very voted to continue debate on the Omni- dents in exchange for 2-years of service effective legislator and champions the bus because I believe we need to ex- in areas that need nurses most. cause with great enthusiasm. I appre- plore alternatives. Let me be clear: I The Omnibus increases funding for ciate that. want this bill to pass. I am proud of the special education by $1.2 billion. This is I will make a couple of editorial com- work we did on the VA–HUD sub- an important step toward the Federal ments. I love the chart. He said if we went at committee to help our veterans, pro- Government fulfilling its obligations. last month’s pace of 1,000 jobs being tect our environment, rebuild our com- When IDEA first became law, the fed- created, it would take 200 years. That munities, but I believe we need to eral government promised to pay 40 was 1,000 jobs last month. Over the last pause. percent of the cost. 5 months, 280,000 jobs were created, ac- We need to take a break and problem But Federal funding has never topped cording to the Department of Labor. solve. There should be an alternative 17 percent that means local districts He forgot to mention that. But for De- between passing an Omnibus that con- must make up the difference by skimp- cember, I think he is correct as re- tains terrible provisions and a one year ing on special ed, by cutting from other ported by the Department of Labor. continuing resolution that would education programs, or by raising It is kind of interesting. He also said underfund so many of our priorities. taxes. I do not want to force States and we have to have a vote on increasing There must be a way to compromise local school districts to forage for the minimum wage but those Repub- and go back to the original seven ap- funds, cut back on teacher training, or licans haven’t allowed us to do it. He propriations bills, negotiated on a bi- delay school repairs. said they haven’t allowed us to do it partisan basis, before provisions were We need to make up the difference for the last several years. added in the dead of night, outside the and help relieve a crushing financial I remember a period with not nec- usual and customary conference proce- burden on local school districts. essarily the greatest fondest of memo- dures. I fought hard to improve this bill to ries. But for almost 2 years, the Demo- The Omnibus includes critical fund- meet the day to day needs of Maryland- crats were in control. Senator DASCHLE ing for our Nation’s veterans. Working ers and the long range needs of our Na- was the majority leader, I believe from on a bipartisan basis, Senator KIT BOND tion. about June of 2000 or maybe 2001 until and I increased funding for VA health So why do I want to pause—before we the end of 2002. He was the majority care by $1.5 billion over the President’s pass it? leader of the Senate. Senator KENNEDY request. Because we can do better. I want was the chairman of the committee, We said no to the administration’s time to discuss and explore alter- and that could have been brought to proposal to charge our veterans a $250 natives to provisions that were added the floor at any point during that time. membership fee for their healthcare. in the dead of night and that cause real The majority leader controlled the We said no to higher deductibles and problems. floor and the agenda of the Senate. It co-payments. With record numbers of I believe the best social program is a could have been offered as an amend- veterans seeking medical care through job. You should be paid if you work. ment by any Member of the Senate, VA, with soldiers returning from Iraq You should be paid overtime if you and it wasn’t. I just make note of that and Afghanistan, we have a duty and work overtime. fact. responsibility to care for them. Prom- Yet the Omnibus allows the adminis- It is interesting that it wasn’t raised ises made must be promises kept. The tration to gut overtime protections for during that timeframe when this body Omnibus funding bill allows us to keep 8 million American workers. The Bush was controlled by my friends on the our promise. proposal means workers will have to Democratic side of the aisle. I want to The Omnibus also includes increased work long hours for less money. just make note of that. funding for AmeriCorps—$444 million— It hurts nurses, police officers, fire I don’t doubt that we will have the an increase of $170 million over last fighters who are already stretched to pleasure of debating that issue. I look year the highest funding level ever. the limit. This provision hurts working forward to that debate when that hap- With this funding, more volunteers families struggling to make ends meet. pens. I don’t know that we want to will serve our communities teaching in The Senate voted to block this provi- make it against the law for anybody to our schools, tutoring and mentoring sion. The House supported our efforts. work in the United States for less than our children, rebuilding neighborhoods, But then, in the dead of night, the $6 an hour. Some people say if they restoring parks, all while earning administration strong-armed conferees didn’t make $6 an hour, they would be money to help pay for college, and to strip our protections out of the bill. unemployed. I don’t share that philos- learning the habits of the heart that The administration should not be ophy. But I guess we will have a chance make a difference for America. able to overturn the will of Congress to debate that. That is fine. The Omnibus adds $500 million for without debate and without a vote. I yield the floor. the Clean Water revolving loan fund, The administration did the same The PRESIDING OFFICER. The Sen- and another $6 million to improve thing to federal employees—twisting ator from Massachusetts. water and sewer infrastructure that di- arms and going outside the usual and

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 21, 2004 CONGRESSIONAL RECORD — SENATE S103 customary process to push an anti- forcement. The Brady law requires that As Senator Norris wrote: worker agenda. gun records be held for 90 days, yet this Members of conference committees are The White House has a plan to con- bill allows Government to destroy often compelled to surrender on important tract out as many federal jobs as pos- records after only 24 hours. items where no surrender would be even de- sible. It is a political agenda, These records are kept for a reason— manded if consideration of the legislation masquerading as management reform. to help law enforcement track down were in the open . . . The individual legis- The Administration’s plan for privat- lator must then vote upon a conference re- weapons used in a crime, and to keep port without any opportunity of expressing ization costs money, costs morale, and law breakers from buying guns. by his vote his opposition to anything that costs the integrity of the civil service. The rollback provision also blocks the bill in this form contains. They have changed the rules to favor the public from seeing critical informa- This is as true today as it was so their contractor cronies, and now they tion, even if they were the victim of a many decades ago. have violated the democratic process. gun crime. If these rollbacks were in Too often, a conference report comes They know they do not have support in place last year, families of the DC snip- back to us with initiatives never dis- Congress or from the American public er victims would not be allowed to cussed in this body, or worse, with pro- for their privatization agenda. know where the sniper got his gun and visions that were rejected outright So they are using bully boy tactics the questionable practices of the gun months, weeks, or even days before. In and back room politics to bypass Con- shop. Without this information, they a conference report, popular or nec- gress and overturn a bipartisan com- would effectively be denied their day in essary programs can be tied to unpopu- promise. court. Let me tell my colleagues, what hap- lar or impractical ones, subverting the These provisions were not raised in process by which we should consider pened. During an appropriations con- the Senate. They should not be forced ference, the House and Senate agreed legislation. through in an omnibus. The legislative process is frustrated to a bipartisan compromise that fixed I voted against cloture so the Senate further when the legislation in ques- some of the problems with OMB’s new has more time to discuss these impor- tion is labeled a ‘‘must-pass’’ appro- unfair contracting out rules but still tant issues and explore the alter- priations bill. With programs awaiting recognized the importance of competi- natives. resources sometimes months after the tion. The American people deserve our The compromise did not fix every end of the fiscal year, there is an un- best effort, not an omnibus rushed problem. And it did not stop con- derstandable desire not to drag out the through in a single day. tracting out. But I supported it be- process once the omnibus bill is finally There are serious problems with this cause it was fair, and I thought it was completed. When a ‘‘must pass’’ appro- bill—problems largely created by an a good start. priations bill leaves conference, the administration that runs rough-shod My Republican colleagues supported normal conference habit of including over the democratic process and the it. And the White House supported it as more controversial measures increases will of Congress. well. exponentially—as does the pressure to Yet now, the White House has gone I am volcanic about how the final pass the bill without delay. back on the deal. They slipped a provi- version of this bill was written. This is not how Congress should do sion into the Omnibus spending bill As a member of the Appropriation business. Measures should be consid- that guts the bipartisan compromise Committee, I know first-hand the hard ered openly and honestly. They should and leaves us with meaningless ‘‘im- work and honest effort at not be tucked in during closed door provements’’ bipartsanship went into the 7 appro- meetings of committee conferees. This is disgraceful. The contracting priations bills. This year’s Omnibus bill contains out provisions in the Omnibus roll All that went out the window once several controversial proposals, and back workers’ rights—the right to ap- the administration forced itself into while this is by no means the first time peal a contracting out decision, the the room. this has occurred, it is past time for it right to competitively bid on their own The underlying bill is a good bill that to end. jobs. It even rolls back the requirement does a lot of good things. Included among those is a provision that contractors have to save money. We need to find a way to get back to that would delay funding of COOL for 2 That is not what we agreed to in a bi- those things and move forward for the years. This could effectively end the partisan, bicameral compromise. We good of America. program before it has begun. This pro- had an agreement that these three Mr. NELSON of Nebraska. Mr. Presi- gram is believed to be an important things were important. But OMB did dent, more than 70 years ago, Nebraska element in our efforts to re-establish not like it, because it would have given Senator George Norris left Congress, consumer confidence in foreign mar- workers a fair shot. returned to Nebraska, and led the ef- kets. Nebraska’s beef exports to Asian Our country faces a new threat—the fort to establish a unicameral legisla- markets amounted to more than $460 threat that mad cow disease will con- ture. He did this in large part because million in revenue for our State in 2003. taminate our food supply. of his frustration with conference com- Without these and other markets, Ne- But, instead of taking this seriously, mittees. These committees are sup- braska could lose up to 21,000 jobs ac- and doing everything possible to keep posed to reconcile differences between cording to a Creighton University ex- our food supply safe, the administra- House and Senate bills, but all too pert, severely hurting our efforts to tion pushed to delay the country-of-or- often the bills that come out of these turn the corner on the recent economic igin labeling for meat products, over- committees with new, controversial downturn. This may be the most im- riding the will of the Senate. provisions. portant economic issue facing rural Ne- Labeling of meat and meat products Based on what I have witnessed, I braska. We need to act promptly in was supposed to go into effect this have a renewed understanding of Nor- considering the impact of defunding year, based on provisions in the 2002 ris’s frustration with the conference COOL. Farm Bill. With this labeling, con- committee process. For this reason, I will vote to con- sumers could make an informed deci- As we all know, it is in the con- tinue debate on the Omnibus bill. I do sion about what they purchased and ference committee that the final draft so in the hopes that this package can what to feed their families. of legislation is often completed. Once be re-examined and that the policy ini- Even with the first case of mad cow the conference report is finished, a tiatives in it will be discussed as legis- in the United States, administration member may only vote to accept or re- lation, not appropriations. will not back down from protecting its ject; no amendments are allowed. This bill contains many promising special interests friends. They made For this reason, the conference com- Nebraska projects, some of which I sure the Omnibus kept language delay- mittee is an attractive opportunity to worked with my colleagues and other ing implementation of labeling for 2 include legislative proposals that Nebraskans to include. These projects years. would not pass muster if they were and other spending initiatives are im- The Omnibus also rolls back existing considered openly on the floors of the portant to our State and to me. But I gun laws and ties the hands of law en- House and Senate. do not think that their importance

VerDate Mar 15 2010 22:17 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JA4.REC S21JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S104 CONGRESSIONAL RECORD — SENATE January 21, 2004 should allow them to be held hostage Cigarette Trafficking, PACT Act of based Hezbollah, through the smug- by a process that promotes the back- 2003, which my friend Senator KOHL gling of cigarettes. These groups pur- room inclusion of new, controversial, and I introduced on June 3, 2003. The chase cigarettes in States with low onerous and unpopular initiatives. It is manager’s amendment makes the taxes and then transport them into my hope that with full debate on the PACT Act even stronger than as intro- states with higher taxes where the con- bill, these last minute policy initia- duced. traband is sold to small retailers at tives will be considered and openly dis- The distinguished Senator from Wis- below market costs. The September 19, cussed. consin and I originally introduced the 2003, edition of the Detroit Free Press It is past time for Congress to end PACT Act because of our concern that reports that one such scheme involved the process of using conference reports contraband cigarette trafficking both a 12-member syndicate, which pur- and appropriations bills to enact un- damages the economies of several chased cigarettes in North Carolina popular or controversial policies. Con- States and contributes heavily to the and resold them in Michigan. Because tinuing debate on the controversial profits of organized crime syndicates, North Carolina collects a 50-cent-per- provisions of this bill is the first step including global terrorist organiza- carton tax and Michigan collects a in doing so. tions. When we reported this bill from $12.50 per carton tax, federal prosecu- Mr. President, I yield the floor. the Judiciary Committee on July 31, tors estimated that one member of the Mr. NICKLES. Mr. President, I sug- 2003, I pledged to work with my col- scheme, Hassan Moussa Makki, who gest the absence of a quorum. leagues on both sides of the aisle to ad- monthly smuggled $36,000 to $72,000 The PRESIDING OFFICER. The dress any and all concerns they had worth of cigarettes into the State dur- clerk will call the roll. with the legislation. The result of this ing a 2-year-period, prevented Michi- The assistant legislative clerk pro- bipartisan effort is a piece of legisla- gan from collecting $2 million in tax ceeded to call the roll. tion that will prevent cigarette and revenue. Law enforcement authorities Mr. MCCONNELL. Madam President, smokeless tobacco smuggling and en- determined Makki donated a substan- I ask unanimous consent that the order sure the collection of tobacco excise tial portion of these profits to for the quorum call be rescinded. taxes without infringing upon the Hezbollah. By providing state attor- The PRESIDING OFFICER (Ms. COL- rights of Native Americans or con- neys general with the necessary en- LINS). Without objection, it is so or- sumers. forcement tools and the Bureau of Al- dered. Internet sales of cigarettes and cohol, Tobacco, Firearms and Explo- smokeless tobacco are an impediment f sives with investigative and inspection States face in their collection of to- authority, the PACT Act will ulti- UNANIMOUS CONSENT AGREE- bacco excise taxes. A recent General mately disrupt this form of terrorist MENT—CONFERENCE REPORT TO Accounting Office report indicates funding and ensure that state, local ACCOMPANY H.R. 2673 Internet tobacco sellers rarely comply and tribal governments collect their with requirements under the Jenkins Mr. MCCONNELL. Madam President, rightful excise taxes from both ciga- Act of 1949 (15 U.S.C. §§ 375–378 (2003)). I ask unanimous consent that at 6 p.m. rette and smokeless tobacco sales. The Jenkins Act, as modified by this this evening, the pending conference With respect to delivery sales of legislation, is a Federal statute that smokeless tobacco, this provision is in- report be temporarily set aside; I fur- requires tobacco retailers to register tended to impose strict federal limita- ther ask consent that the Senate then with the tax authority for each State tions on delivery sales in order to sup- resume consideration of the conference in which they sell cigarette and smoke- plement, and not preempt, applicable report at 9:30 tomorrow morning, and less tobacco products and to file State or local law. Accordingly, it is further that there be 51⁄2 hours equally monthly reports providing shipment intended that State-specific require- divided for debate only; finally, I ask information within each state. Failing ments in connection with the collec- consent that following the use or yield- to comply with the Jenkins Act dam- tion and remittance of applicable ing back of that debate time, the mo- ages not only individual States, but smokeless tobacco excise taxes will re- tion to proceed and the motion to re- also retailers that are put in unfair main controlling, notwithstanding that consider the failed cloture vote be commercial disadvantage. advance payment of excise taxes might agreed to; further, the Senate then pro- By ensuring the collection of state otherwise be required by Federal law in ceed to a vote on invoking cloture on excise taxes from all tobacco retailers, the absence of contrary State law. the pending conference report with no the PACT Act will neither inconven- Moreover, the Federal proscription of intervening action or debate; finally, I ience nor hinder smokers and smoke- delivery sales of smokeless tobacco ask unanimous consent that if cloture less tobacco users in their ability as with respect to which excise taxes have is invoked, the Senate then imme- consumers to purchase the tobacco not been paid in advance of the deliv- diately proceed to a vote on the adop- products of their choice over the Inter- ery is not intended to apply where the tion of the conference report to accom- net. This legislation merely removes laws or administrative practices of the pany H.R. 2673, with no further inter- any uncertainty regarding the scope of State and locality in which the deliv- vening action or debate. the Jenkins Act by explicitly man- ery is made provide that the delivery Mr. REID. No objection. dating Internet tobacco retailers also seller may remit applicable smokeless The PRESIDING OFFICER. Without comply with existing requirements tobacco excise taxes in an alternate objection, it is so ordered. under the Jenkins Act. This strong ve- manner. f hicle with which to collect taxes from For example, the law of the delivery State and locality may explicitly or MORNING BUSINESS Internet tobacco retailers will allow States to finally claim their rightful implicitly provide for the payment of Mr. MCCONNELL. Madam President, revenue and level the playing field for smokeless tobacco excise taxes along I ask unanimous consent that there all tobacco retailers. with the filing of a tax return in the now be a period of morning business The PACT Act as modified by the month subsequent to the delivery sale. with Senators permitted to speak for manager’s amendment also clarifies Under such circumstances, even though up to 10 minutes each. that the bill will not affect existing applicable State or local law may not The PRESIDING OFFICER. Without tribal compacts relating to tobacco tax require the applicable smokeless to- objection, it is so ordered. collection on tribal lands and allows bacco excise taxes be remitted after f Native American Tribes to maintain the delivery, where the law of the de- enforcement authority over their own livery State and locality allows for PREVENT ALL CIGARETTE excise tax laws. such taxes to be remitted after the de- TRAFFICKING (PACT) ACT OF 2003 As I mentioned in June, law enforce- livery, the intent of this provision is Mr. HATCH. Madam President, I am ment authorities have uncovered sev- that the delivery sale may be made pleased to inform my colleagues that eral instances in which organized crime without violating federal law provided we have reached an agreement on final syndicates are illegally funding ter- that applicable State and local law language for S. 1177, the Prevent All rorist organizations, such as Lebanon- with respect to the collection and/or

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