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

Vol. 150 WASHINGTON, TUESDAY, SEPTEMBER 14, 2004 No. 109 Senate The Senate met at 9:45 a.m. and was U.S. SENATE, ple to come in late. In order to finish called to order by the Honorable LIN- PRESIDENT PRO TEMPORE, the bill, especially as we want to pay COLN D. CHAFEE, a Senator from the Washington, DC, September 14, 2004. appropriate respect to the Jewish holi- State of Rhode Island. To the Senate: day tomorrow, I plead with our col- Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby leagues that they come as soon as they PRAYER appoint the Honorable LINCOLN D. CHAFEE, a are notified there will be a vote. We The Chaplain, Dr. Barry C. Black, of- Senator from the State of Rhode Island, to give everyone a heads-up when there fered the following prayer: perform the duties of the Chair. will be a vote. Come and vote and leave Let us pray. TED STEVENS, and efficiently use that time. O Lord, our rock, hear our praise President pro tempore. Mr. REID. Will the Senator yield? today, for Your faithfulness endures to Mr. CHAFEE thereupon assumed the Mr. FRIST. I am happy to yield for a all generations. You hear our prayers. chair as Acting President pro tempore. question. Mr. REID. Mr. President, I am so Surround us with Your mercy. You are f gratified to hear the leader speaking on our strength and our shield. Listen to RECOGNITION OF THE MAJORITY this topic. the melody of our gratitude, for You LEADER Yesterday, we had a vote that took 45 are the center of our joy. Thank You minutes. I suggested to the floor staff for illuminating our paths with Your The ACTING PRESIDENT pro tem- pore. The majority leader is recog- maybe we should do away with the 15- precepts, dispelling the darkness of minute limitation and wait until the nized. doubt and fear. last person shows up. It is unfair to Today, guide our lawmakers. Be their f this body. I don’t think the leader shepherd in these dangerous times. SCHEDULE should plead with people to come. They Help them to not trust solely in human would come very quickly if we start Mr. FRIST. Mr. President, today we wisdom but to follow Your revelation. cutting off the votes. It is unfair to have a period of morning business for Lead them beside still waters and re- this body to wait around here while up to 60 minutes, with the first 30 min- ward their faithfulness. May they find somebody is finishing a phone call or a utes under the control of the Demo- their refuge in You. workout in the gym while the rest of cratic leader or his designee and the Lord, You are our song. Thank You us are waiting to get work done. for the gift of this day. Empower us to final 30 minutes under the control of Also, if I could, through the Chair, be doers of Your will and not simply the majority leader or his designee. we want to finish this Homeland Secu- hearers. Deliver us from evil as we Following morning business, the Sen- rity appropriations bill. We have been keep our eyes on You. ate will resume consideration of the working through these numerous We pray with grateful hearts. Amen. Homeland Security appropriations bill. amendments. We are at a point where I As I understand, there are approxi- f believe we could finalize this bill. mately five pending amendments the Finally, as the leader knows, we PLEDGE OF ALLEGIANCE chairman will review to determine wanted to have a cutoff on this. I un- when we will be disposing of them. derstand the leader decided yesterday The Honorable LINCOLN D. CHAFEE Therefore, Senators should expect nu- to take a look at it to see if there is led the Pledge of Allegiance, as follows: merous rollcall votes over the course of something we could do to help the situ- I pledge allegiance to the Flag of the the day as we move toward completion ation in Florida through this bill. I United States of America, and to the Repub- of that bill. said yesterday—and still say this—let’s lic for which it stands, one nation under God, We do have our recess between 12:30 indivisible, with liberty and justice for all. finish this bill. We want to help Florida and 2:15 for the weekly party lunch- as much as we can, but I think, by try- f eons. ing to tie these two things together, it While I mentioned we will have nu- is not going to work very well. APPOINTMENT OF ACTING merous rollcall votes, and I see the as- I respectfully submit to the leader, PRESIDENT PRO TEMPORE sistant Democratic leader, one thing let’s try to push forward and have a The PRESIDING OFFICER. The we must do over the course of today timeline when we can finish this bill. It clerk will please read a communication and tomorrow is limit the amount of is an important piece of legislation. We to the Senate from the President pro time for Senators to vote in the speci- understand that. But it would set such tempore (Mr. STEVENS). fied time. We have Senators who strag- a good tone if we could finish that The legislative clerk read the fol- gle in. Everyone has an excuse. We prior to the holiday beginning tomor- lowing letter: have been too liberal in allowing peo- row.

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

S9155

. S9156 CONGRESSIONAL RECORD — SENATE September 14, 2004 Mr. FRIST. I thank the Senator. Mr. FRIST. Yes, when I finish. Let Mr. President, at this juncture, I am Mr. President, I do again restate and me try to get through the announce- happy to yield for a question. reemphasize the importance of fin- ments, the statements. Let me go Mr. DORGAN. Mr. President, I thank ishing this legislation, either this through the material, and then I will the majority leader for yielding for a evening or early Wednesday morning, be happy to yield for a quick question. question. so Senators can observe the Rosh Ha- f f shanah holiday appropriately. We want ROSH HASHANAH AND ANTI- REIMPORTATION OF to allow people to have travel time to- SEMITISM PRESCRIPTION DRUGS morrow as well. But we must finish this bill. Again, the plea for efficiency, Mr. FRIST. Mr. President, tomorrow Mr. DORGAN. Mr. President, this for amendments to be brought forward, is the Jewish holiday Rosh Hashanah, morning, again in a Congress Journal, and that we vote on time is all to re- and it is also called the Jewish New it says: ‘‘Frist Decision to Delay Re- state the importance of dealing with Year. It is one of the holiest days of importation.’’ This is the issue of the this very important bill and com- the year in the Jewish faith for the reimportation of prescription drugs, in pleting this bill in a timely way. Jewish people. Rosh Hashanah marks order to put downward pressure on We may well have, in addition to a the anniversary of the creation of the drug prices, as I mentioned to the ma- busy session today, a busy session to- world. It is a day for contemplation jority leader last week on the floor of night in order to complete the bill. I and prayer, to look forward to the year the Senate. I harken back to about midnight, know the Members continue to make ahead, to reflect on past deeds, and to March 11, in the Senate, on the floor of inquiries as to whether we will finish ask for God’s forgiveness. the Senate, when we were in session tonight or in the morning. All I can As our friends prepare to celebrate very late, to a statement put in the say is we have to finish the bill. The their holiday, I think it is appropriate Senate RECORD by the majority leader holiday starts tomorrow, late after- for us to take time to reflect on our saying ‘‘the Senate will begin a process noon, but it means, to give people ap- own deeds and the state of tolerance for developing proposals that would propriate travel time, we need to finish or, as I am pained to say, the rise of in- allow for the safe reimportation of it, and we have time to finish it to- tolerance toward the Jewish people. A number of Senators will be speaking on FDA-approved prescription drugs.’’ night or tomorrow. But I think how I say to the majority leader, I hope things go today and tonight will deter- the topic this morning, and I do urge my colleagues to listen and follow the very much that his decision on what mine the schedule over the course of the remaining schedule will be for this the day, tonight, and tomorrow. I will issue closely. A sampling of anti-Se- mitic incidents just this summer really Senate will include an opportunity for have further updates on that as we us to, on the floor of the Senate, con- progress on the bill. does paint a disturbing picture. In Paris, anti-Semitic inscriptions sider legislation dealing with the re- f were found stamped into a dozen books importation of prescription drugs. PORTRAIT PRESENTATIONS in the main library. The perpetrators We have bipartisan legislation in the Senate. We also have a House-passed Mr. FRIST. Mr. President, I do wish stamped the edge of the books with the words ‘‘Against the Jewish Mafia and bill that is on the calendar. As I indi- to alert colleagues to a special event cated to the Senator from Tennessee being sponsored by the U.S. Senate Jewish Racism’’ and then gave the Web addresses of anti-Semitic sites. last week, it is my intent, and the in- Commission on Art today. At 2:30 tent of others—Republicans and Demo- today, after the policy luncheons, in Anti-Semitic graffiti, including a sign saying ‘‘death to Jews’’ and a crats—to push this issue to the floor. the Senate Reception Room, just adja- But I hope we would not have to push cent to where we are now, the portraits swastika, was found scrawled on a wall on the grounds of Notre Dame Cathe- it in light of the statement by the ma- of Senators Arthur Vandenberg of jority leader on March 11, 2004. Michigan and Robert Wagner of New dral. Sixty gravestones were desecrated I ask the Senator to respond. York will be presented. with swastikas in a Jewish cemetery in Mr. FRIST. Mr. President, I would be Members of the Vandenberg and Wag- Lyon. happy to respond. Really, we need to ner families have traveled to Wash- France was not alone. Last month, in clarify because I know a lot of state- ington for this special event. Senator Germany, thugs vandalized a Jewish ments have been made to the press DASCHLE and I both will be on hand and monument. that I made a commitment to the dis- will be making very brief comments. In Belgium, four Jewish teenagers tinguished Senator to have a vote on I encourage our colleagues to take a were assaulted. One of the Jewish stu- the floor. I think we need to go to the few moments to come by and help com- dents was stabbed in the back and his statement he just read and see what memorate these two real giants of the lung was punctured. was actually both said and the commit- 20th century. It is an opportunity for In New Zealand, a Jewish chapel was ment that was made. us to express our appreciation for two burned down and up to 90 Jewish Let me read the statement again. He distinguished statesmen and their con- headstones were pulled out of the just read it. The statement was—and tributions. It is also a time for us to ground and smashed. this statement made by me—‘‘the Sen- honor this great institution. In Canada, a synagogue was vandal- ate will begin a process for developing We have the opportunity of being ized with graffiti, swastikas, and anti- proposals that would allow for the safe part of a very unique family, the Sen- Semitic slogans. reimportation of FDA-approved pre- ate family, and today’s presentation of These are just a few of the incidents scription drugs.’’ So I do not think it is portraits in the Reception Room is a that have occurred in recent months. right for Senators on the other side of reminder of the trust that is placed in Leaders in the Jewish community are the aisle to characterize that state- us by our fellow citizens and, indeed, as understandably concerned. ment as a commitment to bring it to we look to the past, by history. I urge my colleagues and my fellow the floor, have a vote on the floor of As a sidenote, I have to say I am very Americans to share their concern. the U.S. Senate. So that is No. 1. proud that the portrait of Senator Van- We know the history. We know where No. 2, since that statement was denberg was painted by a Tennessean, anti-Semitism can lead. It is our duty made—and I think it was March 11—it Michael Shane Neal. to stand firm against bigotry and intol- was with the understanding to do ex- Mr. DORGAN. Mr. President, will the erance. We cannot allow history to re- actly what was said; that is, to begin a Senator yield for a question? peat itself. process that is deliberate, that is Mr. FRIST. Mr. President, if I could Again, I make these statements in thoughtful, that is inclusive, that cap- get through everything, I would be part because of the Jewish holiday to- tures the ideas of a whole range of U.S. happy to yield the floor. morrow. A number of people have come Senators, with experts coming in to Mr. DORGAN. Thank you. Not yield forward to express their sentiments to testify, to talk, to discuss, in commit- the floor. I am asking if the Senator us in leadership. I know further re- tees, outside of committees. would yield for a question when he is marks will be made on the floor in Since March 11, a tremendous finished. morning business on that issue. amount has been done. Again, I will September 14, 2004 CONGRESSIONAL RECORD — SENATE S9157 come back to this whole concept of the They are going up too fast. We want to because they are paying double, triple, safe importation of FDA-approved use appropriate tools to do that. Re- quadruple, 10 times the price they pay drugs. importation, if it can be safe, may be when they go north of the border to Again, I was looking—because I knew one of those tools. Can it be done safe- buy the same drug put in the same bot- it was going to come up again over the ly? That has to be the fundamental tle and made by the same company. It course of today—and vigorous process question. I know both sides of the aisle is unfair. We ought to do something has begun in the Senate. If we just look want the drugs to be safe. They don’t about it. We have waited far too long. since March 11, the Senate HELP Com- want drugs coming in cheaply just so I respect the majority leader. I sim- mittee, the Senate Judiciary Com- we satisfy the demand for cheaper ply wanted to point out there has to be mittee, and the Subcommittee on In- drugs. The question is, How do we do time to consider this in the coming 17 vestigations of the Senate Govern- that. We don’t have the consensus yet, days. There was in March, and there mental Affairs Committee have all I believe, to bring it to the floor and needs to be now. held hearings—and continue to hold have people voting up or down. And I thank the Senator from Tennessee hearings—on this matter since that then we really don’t have time on the for his courtesy. statement on March 11. floor as we look at safety and security, Mr. FRIST. Mr. President, I don’t The HELP Committee, the Health, the issues of intelligence, intelligence want things to be misrepresented. I Education, Labor, and Pensions Com- reform, 12 appropriations bills, all due want everybody to have a full under- mittee, the committee of jurisdiction, in the next 17 days. standing. The challenges in the HELP has not yet developed a consensus on Mr. DORGAN. If the Senator would Committee do reflect the difficulty. any approach because they are strug- allow me the courtesy of a reply in When you are talking about safety, not gling with this issue of putting safety leader time, the Senator has taken a just of cheaper drugs, if you give some- first. lengthy period of time to describe why body a counterfeit drug that doesn’t We know there is broad appeal for this may not happen. Let me make a thin their blood and they have a stroke people who say: Let’s bring in cheaper couple of observations. and they die, we have done a disservice. drugs from Canada, maybe from Malay- The Senator knows what we dis- I don’t want that to happen. I am not sia, Thailand, India, Brazil, because cussed at midnight on the floor on saying reimportation will cause that to people want less expensive drugs. I am about six or seven occasions prior to happen, but I will say it is our respon- sure all the polls and surveys say: midnight on March 17. There were plen- sibility to put safety No. 1. Bring in those drugs; that means I can ty of days left in the session at that I promise you, I will do that. It is an get cheaper drugs. point to consider a bipartisan bill on important issue. We agreed on March In good conscience, as someone who the reimportation of prescription 11 to put a process in place. Three at- recognizes that a few bad pills—think drugs. We agreed there would be a proc- tempts by the HELP Committee were back to a Tylenol situation where we mentioned that were canceled or post- had five pills, back in the 1980s, that ess for developing proposals that would poned. Let me just say, on Thursday paralyzed our system, a few counterfeit allow for the safe reimportation of pre- July 22, the Subcommittee on Inves- drugs. The FDA tells us right now they scription drugs, with the under- tigations of the Senate Committee on cannot guarantee that 60 billion pills standing that it was going to happen Governmental Affairs held a second coming to this country every year can this year. In the HELP Committee, which the hearing on purchasing prescription be safe, given the structures we have majority leader referenced, there have today. drugs. On July 21, the HELP Com- I say that because it is very difficult. been three markups scheduled and mittee had planned to do the markup. That is the reason I don’t think we three markups cancelled. That is not a It had to be postponed. That is correct. ought to just bring it to the floor with- process that leads to allowing the re- On July 14, the Senate Judiciary out that careful consideration which is importation of prescription drugs. Committee held a hearing on the impli- underway today, working through the I have great respect for my colleague cations—that is, safety. They also committee of jurisdiction. It is a pop- from Tennessee, but there is no safety talked about intellectual property ular issue. When people say ‘‘politi- issue here. Europe does this every day trade. But they specifically focused on cally driven,’’ that throws it into par- routinely in something called parallel the drug importation legislation. tisanship, which I don’t want it to be. trading. The question for this country On June 23, the Senate GOP HELP I know that is not the intention of the will be, Will we decide to put downward Committee had a briefing to help edu- authors. We have people on both sides pressure on prescription drugs by al- cate us broadly. It was not a markup of the aisle supporting specific legisla- lowing reimportation or won’t we? I be- but a briefing to educate us broadly to tion. lieve earlier this year the representa- discuss, specifically, importation. Before bringing it to the floor, I want tion was given to the Senate that we On June 17, the Subcommittee on In- to make absolutely sure, in this time would be allowed the opportunity on vestigations of the Senate Committee where we only have 17 days left, when the floor of the Senate to deal with on Governmental Affairs held a hearing we have an appropriations bill we are this issue. where GAO released two new studies presently struggling to finish tonight It is my determination, as with oth- that documented how American con- that talks about the safety and secu- ers in the Republican and Democratic sumes are able to readily obtain pre- rity of the American people, where we caucuses, to push this issue. We need to scription drugs, including controlled have the issue of intelligence reform, make time for this in the coming days substances, over the Internet without a where we know we have to look at it because this Congress is going to have prescription. In that hearing they internally and reorganize this body, to consider it. I believe we were given talked about erroneous dispensing la- the huge task to make sure we handle a commitment that it was going to be bels, suspicious packaging. intelligence matters appropriately considered. Three markup sessions that On May 20, the HELP Committee here, where we have a call from the were scheduled and then canceled is held a drug importation hearing to ex- President of the United States over the not the development of a process that amine the challenges of developing and next 17 days to totally reorganize 15 in- would allow for reimportation. If those implementing drug importation legis- telligence agencies in the executive of us who have developed our bill on a lation. branch, focusing on the safety and se- bipartisan basis don’t push it, we will The administration has a specific curity of the American people as it ap- end this session with no opportunity task force on drug importation that plies to intelligence, I just don’t think for reimportation of prescription drugs was set up as a product of the Medicare by bringing this vote up to the floor, and no opportunity to put downward bill that we passed on this floor. They because it will be sort of the popularly pressure on prescription drug prices. have not yet issued their final report. driven vote without sufficient atten- This is not a partisan issue for me. It The report will incorporate testi- tion to safety first, that that is the is not a political issue. It is about some mony—this is what the administration right thing to do, given these 17 days. poor soul out there this morning who is is doing—by consumer groups, by pro- We all want to lower the cost of pre- trying to buy prescription drugs and fessionals, by safety experts, by the scription drugs. They are way too high. using his or her grocery money to do it FDA, by leading representatives from S9158 CONGRESSIONAL RECORD — SENATE September 14, 2004 health care purchasers, from academic mation and come up with other creative bring down the cost of prescription scholars. The task force has not yet re- ways to mask the damage they have done to drugs. Another reason is that the law leased their report to us or to the Medicare,’’ Stark said. and this Administration is overpaying American people. We await that. It is a Richard Foster, Medicare’s chief actuary, HMOs. said the program’s trustees—administration very important initiative by the ad- officials and appointees—replaced the chart There are ways we can address the ministration that we mandated to with a graph that lacks specific numbers in dramatic cost increase this chart rep- them. Off the Hill, a number of forums an effort to show that the increased costs resents, ways to protect seniors’ Social have been held since March. come with a new benefit. Security and lower drug prices. The I mention all of this because I don’t ‘‘The table makes it look like beneficiaries first is to do what Senator DORGAN has want the impression left that this are worse off than ever, and that’s not the suggested, and that has bipartisan sup- issue, which is important to the Amer- case,’’ Foster said. port: allow reimportation of drugs from ican people—and we want less expen- Bill Pierce, a spokesman for Health and Human Services Secretary Tommy Thomp- Canada. sive drugs, but we want them to be safe son, said the administration wasn’t trying to Canada has exactly the same drug, drugs—is not being addressed by this hide anything. ‘‘We have a new program, and the same corporation, the same every- body or other people concerned. I will it’s got to be reflected with new informa- thing, and yet the drugs available continue to work with the other side. I tion,’’ he said. there are oftentimes 50 to 60 percent know there will be a huge push in these The drug benefit is voluntary. It requires a cheaper than they are in this country. next 17 days to get this up for a vote. premium, estimated at $420 a year initially, If a senior citizen can go to another I just don’t think with the issue of and substantial copayments. The adminis- country to acquire those drugs, why in tration estimates participants will save heaven’s name would we prevent them safety and the amount of attention it about 50% on their drug bills. is going to require on the floor of the Critics of the law say the new figures show from doing so? Senate, when we are talking about the it does little to restrain drug costs. The law I have heard the distinguished major- safety of those seniors and others who prohibits the government from negotiating ity leader say that safety is a factor depend on these lifesaving drugs, I lower drug prices. and that we ought to consider safety as don’t think we can address it ade- The data ‘‘ironically are the clearest proof we consider providing access to these quately in the next 17 days. of the new Medicare law’s failures and the drugs. Well, I would say cost is a safety I yield the floor. resulting squeeze on seniors’ pocketbooks,’’ issue as well. I have talked to countless said Ron Pollack, head of Families USA, a seniors in South Dakota who are ra- f health advocacy group. tioning their own medication because RECOGNITION OF THE The disclosure comes just days after the they cannot afford it. If, based on cost, DEMOCRATIC LEADER administration announced Medicare pre- miums will rise by 17% next year due to ris- our seniors are not able to take the The PRESIDING OFFICER (Mr. ing health costs. drugs they need, no one can tell me ENZI). The Democratic leader is recog- Foster is at the center of another dispute that is safe. When one rations drugs, nized. over missing data. He says he withheld from when one does not take them all, when Congress higher cost estimates for the Medi- f one splits pills, when one makes a care law last year, at the direction of a Bush ESCALATING COSTS OF MEDICARE appointee who headed the Centers for Medi- choice between nutrition and medicine, how safe is that? That is exactly what Mr. DASCHLE. Mr. President, I ask care and Medicaid Services. Congress ap- proved the law based on a 10-year, $400 bil- is going on today. unanimous consent that a USA Today lion estimated price tag. Foster’s estimate We’ve already made the decisions to story entitled ‘‘Medical costs eat at So- was $540 billion. ensure these drugs will be safe. We cial Security’’ be printed in the Mr. DASCHLE. Mr. President, I ap- should not have to worry about an- RECORD. preciate the opportunity to listen to other report or another bureaucratic There being no objection, the mate- the colloquy both Senators DORGAN response. Our seniors are not prepared rial was ordered to be printed in the and FRIST have engaged in. Coinciden- to wait any longer. We have debated RECORD, as follows: tally, I had intended to come to the this long enough. Reimportation ought [From USA Today, Sept. 14, 2004] floor to talk about the new report that to be the law of the land today. That is MEDICAL COSTS EAT AT SOCIAL SECURITY was released on the front page of USA one way, perhaps the easiest, simplest, (By William M. Welch) Today citing the dramatic increase in and most compelling way, to deal with WASHINGTON.—With a new Medicare drug Medicare costs and the impact these the cost issue immediately. benefit set to begin in 2006, Americans 65 and costs will have on seniors’ Social Secu- There is a second way to address ris- older can expect to spend a large and grow- ing costs. A second way is to do for ing share of their Social Security checks on rity benefits. Medicare premiums and expenses, previously In 2005, 19 percent of Social Security seniors what we already do for veterans undisclosed federal data show. benefits are going to go to Medicare ex- and for our military. What do we do for Information the Bush administration ex- penses. But according to the USA them? The Government negotiates cluded from its 2004 report on the Medicare Today article: with the drug companies to bring down program shows that a typical 65-year-old can a typical 65 year old can expect to spend 37% prices. expect to spend 37% of his or her Social Se- of his or her Social Security income on In most cases, drug prices for vet- curity income on Medicare premiums, copay- Medicare premiums, co-payments, and out- erans are at least 60 percent lower than ments and out-of-pocket expenses in 2006. of-pocket expenses in 2006. That share is pro- they are for seniors. The only reason That share is projected to grow to almost jected to grow to almost 40% in 2011 and they are that much lower is because 40% in 2011 and nearly 50% by 2021. nearly 50% in 2021. Unless Congress does something to hold the Government has the authority to down costs confronting seniors, the official According to the article, by 2026, over negotiate these lower prices. projections suggest that health spending will half of a senior’s Social Security bene- Why in heaven’s name would people consume virtually the entire amount of So- fits will be consumed by cost increases object to extending this concept to sen- cial Security benefits when children born under Medicare, including cost in- iors as well? On that issue, the drug today reach retirement age. creases associated with the new part D companies won; we lost. There is a spe- The table was provided by the Department drug benefit. cific prohibition against Medicare ne- of Health and Human Services at the request of Rep. Pete Stark, D–Calif. Stark, who op- Think about that: we are on pace to gotiating lower prices for seniors, and I posed the drug benefit enacted last year at see nearly half of the benefit seniors think that is an outrage. We ought to President Bush’s urging, sought the data depend on under Social Security con- pass legislation to allow Medicare to after noticing that a chart included in pre- sumed by cost increases under Medi- negotiate lower drug prices. vious annual reports was not in the 2004 care. The third thing we can do is to pass version. Unfortunately, I think the Senate legislation that has at least two forms Stark charged that the administration and the country took a step backward today—and there may be other ideas. threw out the chart because it shows future Medicare costs under the new law will erode when the Senate made the decision last Senators STABENOW and KENNEDY have Social Security checks. year to pass the legislation it did. Part offered a very good bill that would say ‘‘It doesn’t look good to lie to grandma, so of the reason for these increases is that we cannot increase Medicare premiums the Bush administration has withheld infor- the new law will do almost nothing to beyond the cost of living next year, September 14, 2004 CONGRESSIONAL RECORD — SENATE S9159 hold it at that. I have a bill that would Nearly 3 years ago, Congress passed and minority students and students do something similar. It says pre- the No Child Left Behind Act con- with disabilities. This is a noble and miums for Part B and Part D of Medi- taining the most far-reaching changes necessary goal. Yet, year after year, care cannot exceed 25 percent of the in Federal education policy in nearly 40 the programs that actually help close cost-of-living allowance provided to years. Recently, States released their that achievement gap are the very pro- Social Security beneficiaries. Both of second annual No Child Left Behind re- grams that are the most seriously un- these bills would help keep costs down port cards, showing how their schools derfunded. In the President’s budget for seniors. are measuring up under the new law. this year, 80 percent of the total short- So we do not lack ways in which to This afternoon, I would like to talk fall in the No Child Left Behind Act is address the cost issue. What we lack is briefly about how the Federal Govern- in Title I programs. The children and will, a commitment, a determination ment is measuring up—whether we are schools that need the most help are in- to bring the issue to the floor. keeping the promises we made under stead targeted for the biggest funding We all lament the dramatic increase No Child Left Behind and other impor- shortfalls. in the cost of health care, but we are tant education laws. Shortchanging Title I and other not going to solve it unless we are will- All of us know that, if we mention No parts of the No Child Left Behind Act ing to take some action. We can go Child Left Behind at a town hall meet- means denying schools the resources through more hearings, we can go ing, we are just as likely to hear boos they need to succeed—then punishing through a lot more reports, but reports as we are to hear applause. Why is them for not measuring up. and hearings are not going to get the that? Refusing to fund No Child Left Be- job done. This Senate needs to act. One reason is because of some basic hind adequately also undermines local I am amazed at the degree to which design flaws. What seemed to work well control of schools. Rapid City, SD, is a the finger-pointing continues to go on on paper, we are discovering, may not good example. Parents and educators and on, with the tired and lame excuse work as well in practice. Parts of No in Rapid City have come up with an in- that it is somehow the Democrats’ Child Left Behind need fine-tuning. novative plan for a new, year-round fault that we have not addressed re- There were also some problems, early school that would provide extra help to importation, that we have not ad- on, with the way the administration low-income children. It would also dressed any of the other pending issues. was implementing the new law. Fortu- work with the children’s parents so We have had specific commitments on nately, some of those problems are they can be better partners in their mental health parity and that bill is starting to be addressed. Yesterday, children’s education. It is exactly the now unlikely to be addressed, even Senator KENNEDY introduced legisla- kind of intensive help that is needed to though we have had very specific com- tion to make sure the No Child Left close the achievement gap. But Rapid mitments to take up mental health Behind Act is implemented correctly. City doesn’t have the Title I resources parity in the Senate. That has not hap- No one understands the No Child Left to make it a reality. pened because there is a lack of com- Behind Act better, and no one worked The underfunding of the No Child mitment and energy on the other side. harder with President Bush to pass it. Left Behind Act is a major reason that We have not been able to deal with We ought to have a serious debate—and legislators in 17 States—many of them the FSC bill, the welfare reform bill, Republican-controlled States—have en- a vote—on Senator KENNEDY’s bill this the tax bill, the highway bill, in large year. dorsed bills protesting the law. measure because our Republican Unfortunately, the administration The President’s budget also provides friends have not been able to agree and Congressional Republicans remain less than half of what Congress agreed among themselves. So all of these and nearly 40 years ago was Washington’s unwilling to acknowledge one of the other issues continue to languish. This fair share of special education costs. biggest impediments to the success of is a do-nothing Congress and in large The National Council of State Legis- the No Child Left Behind Act: inad- measure it is do-nothing because they latures estimates the cost of unfunded equate resources. have done nothing to bring themselves Federal mandates will hit an unprece- Our Republican colleagues cite num- together and force these issues on to dented $34 billion this year. The two bers to show that education funding is the Senate floor to allow us the oppor- most expensive unfunded Federal man- increasing. With all due respect, their tunity to vote and to do the right dates? No Child Left Behind, and spe- numbers miss the point. The question thing. cial education. In South Dakota, the Senior citizens deserve better than isn’t: Is the Federal Government spend- shortfall this year just in these two that. Those who are in this country ing more on education? The question programs is $61 million; $30 million for looking to the Senate for answers on is: Is the Federal Government pro- No Child Left Behind, and $31 million all of these and other issues deserve viding States with the resources they for special education. better than that. I hope we can make need to make the No Child Left Behind Accountability is critical. But ac- the most of what limited time we have Act, and other Federal education man- countability has to work both ways. If remaining so we can do better than dates, work? The answer is no. The the Federal Government passes a law, that. President’s budget for this year pro- we ought to fund it adequately—not vides the smallest increase in edu- f push the cost off on State and local cation in nearly a decade. Over the last taxpayers. THE FEDERAL GOVERNMENT 3 years, the President’s budgets have In South Dakota, we have a State MUST KEEP ITS EDUCATION shortchanged No Child Left Behind by law that allows school districts to ‘‘opt PROMISES $26 billion. out’’ of the State freeze on local prop- Mr. DASCHLE. Mr. President, We all know that more money alone erty taxes if they can’t provide basic throughout America, another new won’t make schools better. But we also educational programs and still balance school year is beginning. As children know that money does matter. It costs their budgets. These are not cases settle into new classes and parents money to make the changes the No where communities choose to pay high- meet their children’s new teachers, we Child Left Behind Act requires. It costs er taxes in order to pay for extras. Be- are reminded once again of the impor- money to put a highly trained teacher fore districts can even seek an opt out tance of public education to America’s in every classroom. It costs money to agreement they have to have already future. test every student, every year, in made significant budget cuts. Good, strong public schools are not a grades 3 through 8. It costs money to The number of districts seeking such Democratic or a Republican concern; produce and distribute the school re- agreements has increased dramatically they are a cornerstone of American de- port cards that are required under the since No Child Left Behind was passed. mocracy. They are what has helped new law, and to collect and analyze all Today, 46 percent of South Dakota America create the most innovative, the data that go into those report school districts are operating under opt powerful economy the world has ever cards. out agreements. Think about that: known and they are essential to the The No Child Left Behind Act aims Nearly half the school districts in survival of the middle class in this to close the achievement gap by raising South Dakota are raising local prop- country. the educational achievement of poor erty taxes, in part to make up for the S9160 CONGRESSIONAL RECORD — SENATE September 14, 2004 Federal Government’s failure to keep the education promises the Federal What the President refuses to ac- its education promises. Government makes, they insist that knowledge and what the leadership on Custer is one those communities. It Congress needs to create tens of bil- the Republican side of the Senate re- is a small ranching town in western lions of dollars in new tax breaks for fuses to acknowledge is the health care South Dakota. Last year, Custer went millionaires and wealthy corporations. system in America is in crisis. Since to a 4-day school-week to balance its That is the wrong choice for America. this President took office, census fig- budget—and it still ended the year Real reform requires real resources, ures show 3.8 million more Americans with a deficit. This year, Custer has to otherwise it is just an empty slogan, or are uninsured. In addition, the Kaiser find an extra $300,000 to replace the 70- worse—a set-up for failure. Family Foundation study released last year-old boiler in its elementary As they start this new school year, week said families are paying on aver- school. It has no idea where the money most children probably aren’t paying age $1,000 more out of pocket for health will come from. any attention to what goes on in Wash- coverage this year than in the year be- In Faith, SD, the town’s only school ington. But what we decide here about fore the President was elected. building was condemned in June. The education will have a profound effect It tells us that health care is becom- people of Faith have no idea how they on their future. During the education ing more expensive, more exclusive, will replace their school. The local tax appropriations debate, Democrats are and, frankly, that the average working base can produce only a fraction of the going to fight to keep the education family doesn’t have a fighting chance under this system. What is the re- cost. For now, the children of Faith are promises our Government has made. sponse on the Republican side of the attending classes in double-wide trail- We hope our Republican colleagues will aisle? What is the response from Presi- ers. join us—for our children’s future, and dent Bush? More of the same. Don’t During the debate on No Child Left for the future of our democracy. rock the boat. We cannot say anything Behind, I fought to include a Rural I yield the floor. Education Assistance Program to ad- negative when it comes to the enor- f dress the unique circumstances of mous profits that are being garnered schools in small towns like Custer and RESERVATION OF LEADER TIME by the drug companies and the HMOs. But families and businesses across Faith. That program, too, is under- The PRESIDING OFFICER. Under America understand the reality of funded in the President’s budget. In the previous order, the leadership time health care today. When the Repub- South Dakota alone, the shortfall in is reserved. lican leader comes to the floor of the rural education this year is $700,000. Senate and announces that we don’t Nearly every district in our State has f have time in the remaining weeks of laid off teachers in the last few years. MORNING BUSINESS the session to consider the issue of re- They have cut advanced placement importing drugs from Canada or other courses, art programs, foreign lan- The PRESIDING OFFICER. Under countries, what he has basically said to guages, vocational education pro- the previous order, there will be a pe- thousands of seniors and families grams—you name it. Wall, SD, has riod for the transaction of morning across America is that we are going to eliminated its entire middle-school business for debate only for up to 60 protect American drug companies and staff. High school teachers in Wall now minutes, with the first 30 minutes their profits at any cost. That is what teach high school and middle school. under the control of the Democratic has happened with our own prescrip- Rural districts are forming consortia leader or his designee and the second 30 minutes under the control of the ma- tion drug plan for seniors, and it is to share administrators and education what is happening for the agenda for specialists. jority leader or his designee. Mr. REID. On behalf of Senator the Senate. Across the country, schools are lay- Look at what happened to premiums ing off teachers and other employees, DASCHLE, I yield 10 minutes to the Sen- ator from Illinois, and following him 15 across America. On this chart is a and cutting programs, bus routes, text- trendline. I don’t have to go year by book purchases, and other expenses. minutes to the Senator from Massa- chusetts, Mr. KENNEDY. year. Ask any employer in America Many communities are rationing Title what has happened to health insurance I funds—limiting them to elementary The PRESIDING OFFICER. The Sen- ator from Illinois. premiums and they will tell you that schools only—because, they say, if they every year it is more expensive. I go had to include high schools, there f around Illinois and meet with good, wouldn’t be enough left for elementary HEALTH CARE IN AMERICA solid, God-fearing Republican business- schools to make a difference. men who tell me: Senator, we cannot The refusal by Republicans in Wash- Mr. DURBIN. Mr. President, yester- take it anymore. There is no way we ington to adequately fund Federal edu- day President Bush went to Battle can deal with these annual increases in cation programs is not the only reason Creek, MI. The purpose of his visit, of health insurance. What are you doing many public schools are having a dif- course, was in preparation for the elec- in Washington about this? The honest ficult time balancing their budgets. tion but also to raise a critical issue, answer is, under the Bush administra- But, at a time when many State and and the issue is the same one we have tion and the Republican-controlled local governments are still struggling, discussed this morning: health care in Congress, absolutely nothing. So what these Republican unfunded education America. President Bush was out- do these businesses do? They will tell mandates are making a difficult situa- spoken in attacking Senator JOHN you over and over again they have no tion worse in many places. KERRY for having the nerve to suggest choice. How big an obstacle is health And it is going to get much worse. we need to change health care in Amer- care cost in hiring new employees? And That is not speculation. The Bush ad- ica. 78 percent say it is an obstacle. They ministration’s own internal budget In criticizing JOHN KERRY, President cannot hire a new person because the documents project more than $5.5 bil- Bush, quoting from the morning news- cost of health insurance is so high. lion in cuts for elementary and sec- paper, said JOHN KERRY’s proposal What about the health insurance ondary education in fiscal years 2005 would be ultimately a Government companies, the HMOs? How are they through 2009. Those cuts are more than takeover of medicine. It would be a faring as these health insurance pre- six times larger than the education in- massive, complicated blueprint to have miums go up? Do the premium in- creases they are calling for in this elec- our Government take over decision- creases just reflect the fact that it tion year. That is from the President’s making in health care. Bureaucrats costs more to provide health care? own Office of Management and Budget. would become the decisionmakers. Look at their profit margins. HMO If we really couldn’t do any better, Once again, the Republican Party profits from 2002 to 2003 went from $5.5 that would be one thing. But this is a and President Bush wave the bloody billion to almost double that amount, matter of choice, not necessity. At the shirt that if anyone suggests a change $10.2 billion. same time the President and Congres- in the health care system in America You ask yourself, why is the Presi- sional Republicans are telling us that today that they are calling for social- dent criticizing JOHN KERRY for bring- we can’t afford—or don’t need—to keep ism and more bureaucracy. ing up meaningful health care reform September 14, 2004 CONGRESSIONAL RECORD — SENATE S9161 to help working families and help Mr. President, I yield the floor. I am a strong supporter of that legisla- small businesses and large businesses Mr. REID. Will the Senator from tion. I am disappointed, as Senator as well? Because the HMOs don’t want Massachusetts allow the Senator from DORGAN is, that we have not been able anybody to rock the boat. The Bush ad- Michigan 2 minutes? to address it. ministration, whether they are dealing Mr. KENNEDY. I am delighted to. This legislation would have an im- with the drug companies or HMOs, is Mr. REID. Senator KENNEDY still has portant impact in terms of grabbing a going to protect their profit margins, 15 minutes. The Senator from Michigan hold of the problem of the escalation of even at the expense of adequate health has 2 minutes. prescription drug prices. The issues on care for Americans. The PRESIDING OFFICER. The Sen- safety have been addressed. I commend When you take a look at what JOHN ator from Michigan is recognized. our leader for recognizing this and KERRY proposed, I don’t believe it is Ms. STABENOW. Mr. President, I bringing it to the Senate, and I thank radical. Would you be in favor of reduc- thank my colleagues very much. I Senator DORGAN for his persistence and ing the tax cuts for people making over thank the Senator from Massachusetts leadership. Once again, I commend as $200,000 a year and taking that money for allowing me to take 2 minutes to well my friend and colleague from and expanding the coverage of health follow up on the comments of the dis- Michigan, DEBBIE STABENOW, who has insurance in America? Is that a radical tinguished Senator from Illinois con- been a leader in pursuing a legitimate idea? No, that is a commonsense idea. cerning what is happening on health prescription drug program for years— People making over $200,000 a year are care and reimportation. certainly since she has been in the Sen- not going to miss that tiny tax cut as I just came from a gathering with ate. I thank again Senator DURBIN a percentage of their income. But when colleagues on both sides of the aisle from Illinois for his very eloquent sum- you put that money together, you are and the House of Representatives, mation about where we are in terms of able to address some of the serious speaking out again on why we need to our health care challenges in this coun- problems facing us. pass that bill immediately. We want to I believe President Bush forgot the try. lower prices. We need to allow phar- I was somewhat surprised, although I obvious. Average working people can- macists to do business with phar- not keep up with the cost of health in- should not have been, reading through macists across the border in Canada or surance and health care in America. the President’s statement yesterday. other countries where it is safe, and we His administration has done nothing, I ask the Chair if he would let me can drop prices in half. absolutely nothing, to deal with it. know when I have 3 minutes left, I also raise one more time this issue please. What do they do when JOHN KERRY of the Medicare premium increase that I was surprised, listening to the comes forward and says it is time for was announced by the administration President talk about the health care us to have a bipartisan discussion on over a week ago at the end of the day, challenges we are facing in this Nation. bringing the costs of health care under on a Friday, in the middle of a hurri- What troubled me about the presen- control and expanding coverage? Presi- cane, unfortunately, right after the Re- tation is that the President went on to dent Bush goes to Battle Creek, MI, publican convention, when the Presi- misrepresent what my friend and col- and accuses him of socialized medicine, dent indicated he was going to lower league stands for, and basically what I huge bureaucracies. He says, ‘‘A Gov- pricing for seniors for health care, and stand for, in the health care choices ernment takeover of medicine.’’ Those then we saw an announcement of the that are before this Nation. Then, in a days have passed. It has been over 10 years since the largest premium increase in the his- technique which some of us have got- Congress and the Government in Wash- tory of the country—17.5-percent pre- ten used to here in the Senate—but ington have had a serious conversation mium increase. Social Security is only certainly I think it is unworthy in the about the cost of health insurance. In going up by approximately 3 percent Presidential debate—to misrepresent, that period of time, the private sector this year, which means seniors will be distort the position of the opposition, has been in charge. The private sector moving backward, being put in a real and then to differ with it. That is a de- has done to health care what you would hole as a result of what is happening. bate technique which is used here fre- expect them to do. They have raised I am pleased to have introduced leg- quently, but is certainly not, I think, the cost and reduced the risk. So every islation along with my colleague from fitting in terms of the office of the year you find your health care pre- Massachusetts and other Members. We Presidency of the United States. miums going up and coverage going welcome everyone’s support and co- In his comments he mentioned that down while their profits go through the sponsorship, and I hope we can get this today we are going to hear a lot of talk roof. If you want 4 more years of the taken up as quickly as possible. There about a difference of opinion. It starts same, you will have a chance to vote will be a 17.5-percent increase in Medi- with: You know what you expect from for it on November 2. care premiums, and a piece of that, as a Senator from Massachusetts. Also, consider that Congress—this a result of policy changes to privatize I imagine he was, in all respect, mak- Chamber, the Senate, and across the Medicare, is not acceptable. As I indi- ing a reference to the longstanding po- rotunda in the House—has failed to cated before, Social Security is going sition I have held which I think is still meet our responsibilities under Repub- to go up about 3 percent. Yet, we are absolutely essential for this country; lican leadership. When we have the Re- going to see the highest increase in that we have a universal, comprehen- publican leader come before us today Medicare’s history in premiums. sive program that is affordable, de- and say we don’t have time to deal The majority of seniors have not pendable, and reliable, at a price that with the reimportation of drugs before asked to privatize Medicare. They have working families, middle-income fami- we adjourn for a recess this year, trust not chosen that option. They should lies can afford. That has been my posi- me, if the Republicans continue in con- not be paying for it. I urge my col- tion. I have offered legislation for more trol of this Chamber, there will be an- leagues to join us to fix that before we than 35 years to try to be able to do it. other excuse next year. leave this fall. We have been unable to do it and I Despite the best efforts of Senator Mr. REID. Mr. President, I yield our think the American people have suf- DASCHLE, Senator DORGAN, Senator additional 5 minutes to Senator KEN- fered. KENNEDY, and so many others, we are NEDY, for a total of 20 minutes. When I was reading through the com- not going to have an opportunity to The PRESIDING OFFICER. The Sen- ments of the President, they had a wisp help people across America deal with ator from Massachusetts is recognized. of the kind of comments made 35 years the soaring costs of health care until Mr. KENNEDY. Mr. President, first, I ago when a comprehensive, universal there is a change in leadership and at- commend our leader, Senator DASCHLE, program was proposed. At that time titude. It is time for business and for his presentation this morning and the opponents said, Can you imagine, labor, Republicans and Democrats, to for his constancy and leadership in at- this bill to have a universal, com- come together to face this health care tempting to bring reimportation legis- prehensive program will cost $100 bil- issue and to do it in a bipartisan fash- lation before the Senate. He has sup- lion? ion. We can do it, but we need a change ported the bipartisan legislation. He Let me remind America, this year we of leadership to achieve it. reminds us about the importance of it. are going to spend $1.8 trillion, and $500 S9162 CONGRESSIONAL RECORD — SENATE September 14, 2004 billion of that $1.8 trillion has been the There has been reference today to This chart shows that health care increase of the cost of health care for ‘‘Medical Costs Eat At Social Secu- costs are out of control. This chart in- American families since this President rity.’’ I wonder if the President men- dicates the increase in the premiums assumed office. Hello? Hello, Mr. Presi- tioned that yesterday. When the actual that we have seen during the period of dent? Five hundred billion dollars, half publication of the Medicare actuaries 2001 cumulatively to 2004. The blue in- a trillion dollars in increases, and what came out, they designated these in- dicates the CPI during that period of do you get for it? I will come back to creases, not by dollars, but by lines. time. What we have seen cumulatively that. That is because this administration is the CPI has gone up 9.2 percent, and The basic point, so all of us know has been hiding the costs of their var- health care costs, 59 percent. what JOHN KERRY is fighting for, is to ious programs. It even says here at the Costs are out of control. Where is the let the American people buy the same bottom of the article which Senator administration’s answer to the cost of kind of insurance policy we have. Who DASCHLE has had printed, that Foster, the control? Why aren’t we debating are we? We are Members of the Con- who is one of the principal spokes- that on floor of the Senate after we do gress of the United States. We are Sen- persons for the administration ‘‘is at homeland security? Why aren’t we ators of the United States. We are ex- the center of another dispute over doing it? We have an opportunity to do ecutive members of the U.S. Govern- missing data. He said he withheld from something about it with the reimporta- ment. We have a very good program. Congress higher cost estimates for the tion. You just heard the majority lead- JOHN KERRY believes that same pro- Medicare law last year. . . .’’ er say we were not going to consider it gram ought to be made available to the Hello? Here it is, the administration at this time. American people. But President Bush trying to hide the costs of Medicare, The President says costs are out of does not, nor does the Republican lead- and complaining, out in Michigan, control. We say OK. Let us do some- ership. That is the basic difference. about the costs of Senator KERRY’s thing. Let us make a downpayment and We know we have a very good pro- health care program. The article says try to get a handle on prescription gram. There is not a Member of this Foster ‘‘withheld from Congress higher drugs. The majority leader and the body, not a single Member of this body cost estimates last year at the direc- President say: No. You can’t do that. who doesn’t have the Federal Employ- tion of a Bush appointee.’’ We are not going to let you do that. We ees Insurance Program. It is an excel- A Bush appointee? Hello, Mr. Presi- are going to block you here in the U.S. lent one. We pay 25 percent of the pre- dent, why haven’t you mentioned this Senate. mium and the taxpayers pay 75 per- in your comments about Senator Here it is with regard to the general cent. That is true with regard to the KERRY? costs being out of control in relation to President of the United States. I won- That would be sad enough, if it the CPI. der, for all those people who were out weren’t for the real results of these in- Let us look at health care costs. in that crowd yesterday listening, what creases and in particular the failure of Family coverage costs have increased percent are they paying for their pre- this administration to get a handle on in 2004. It was $6,348; now it is $9,050. miums? I doubt if 2 percent or 3 per- health care costs and on prescription For single coverage in 2000 it was cent or 4 percent of the crowd he was drugs. With the passage of what I call $2,400; now it is $3,600. talking to have the same quality of the good-for-nothing Medicare bill the That is what has been happening over health insurance we have in the Sen- the period of the last 3 years under this ate. President referred to as—well, he talks administration. What is their answer? It bothers me when we have state- about: No. The one thing we can do about get- ments which misrepresent what my I was sent to Washington to do something, friend and colleague is fighting for, so we modernized Medicare . . . [Listen to ting a handle on costs and we are not which I believe in very deeply. That this, so we modernized Medicare] with the going to let you do it; we are not going Medicare bill that was passed just this last the American people are entitled to to do reimportation. year. Look at the Bush record with regard and should have the same kind of We will come to that in a moment. to the price of prescription drugs. This health insurance everyone in this body But let’s look at what is happening to chart, based on data from HHS, CPI has. That is the issue. This President says no to that. The the increased costs on Social Security. and the Bureau of Labor Statistics Republican leadership says no to that. I draw your attention to this chart en- shows the cumulative changes in the In the meantime, what they do reminds titled ‘‘The Bush Medicare Program, CPI and the cost of prescription drugs me very much of what they did with re- Health Costs Impoverish Senior Citi- from 2001 to 2003. The CPI grew at 6.8 gard to the Iraqi policy. They mis- zens.’’ percent over the period of 2001, 2002, represent, they distort, and they basi- These are not the figures of the Sen- and 2003, and the cost of prescription cally deceive the American people with ator from Massachusetts. These are the drugs at 51.5 percent. How are our sen- regard to the facts of the opposition. figures of the Office of the Actuary, De- iors going to do it? They can’t do it. That is what they have done with re- partment of Health and Human Serv- They make the choice between nutri- gard to Senator KERRY’s position. ices. The chart they used in the article, tion and prescription drugs, between We have a campaign on. I was here ‘‘Medical Costs Eat At Social Secu- heating their homes and prescription during the debates on the Medicare rity,’’ is for a 65-year-old. This is for an drugs, between food and prescription program. We had legitimate debates on 85-year-old. These are the members of drugs, in my part of the country, in it. It is true the Republicans over- the ‘‘greatest generation.’’ These are walling off part of their houses in the whelmingly opposed Medicare, as they the men and women who fought in wintertime because they can’t afford opposed Social Security. So when you World War II, the great generation that heating oil and prescription drugs. It is listen to a lot of our colleagues—in- lifted the Nation out of the Depression, happening every single day. Can’t we cluding this administration—talk fought in World War II. do something about it? Sure we can, as about how they are for comprehensive By 2006, 43 percent of their Social Se- we have pointed out. universal health care, we ought to say: curity benefit is going to be used to The costs of these prescription drugs Hello? When did that come about? We pay for the premium and the copay- are a half or even a third of that in haven’t heard that for the last 4 years. ments under Medicare. In 2016 it will be other places around the world. I challenge any Republican to iden- 52 percent. By 2026, it will be 65 per- We have ways to deal with both the tify the legislation that has been ad- cent. That is 43 percent by 2006. How costs as well as the safety. But no, the vanced, put before the Senate, that are our seniors going to do it? Well, administration won’t do it. We see that would provide the kind of comprehen- Senator KENNEDY, we have had an in- the administration has basically aban- sive, universal health care coverage at crease in the cost of health care, and doned any effort to do something about the cost people can afford. It is not this has been terrible but this adminis- getting a handle on costs. We have seen there. This administration has not tration has tried to do something the total amount that has been ex- fought for it, doesn’t believe in it, and about it. Baloney. This administration pended in this country increase by $500 is distorting and misrepresenting the has done nothing about the health care billion, from $1.3 trillion to $1.8 tril- program JOHN KERRY has offered. costs that are out of control. lion. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9163 We have seen the President talking they were against a comprehensive pre- makes sure she gets the best deal in about the opposition while JOHN KERRY scription drug program that would every circumstance. She takes pre- is trying to get a universal comprehen- have made a difference. We had a good scription drugs and gets on the Inter- sive program. It ought to be a matter one which actually got 76 votes. It was net and discovers that she can find a of right in this country. The President bipartisan. It was not this program. price cheaper on the Internet, if she says no. And we have denial on the But then the hand of the White House buys overseas, than the price she can floor of the Senate on the day after the ruled and we have massive giveaways get at her local druggist. President has spoken of doing some- to the drug industry and to HMOs. She came to me and asked: Bob, is thing about getting a handle on costs, That is why we see the increase—a fail- this a good idea? Now, I am not one of and this administration wants 4 more ure of leadership on health care in the your constituents. I don’t want a polit- years? Talk about irresponsibility. last 4 years, and the denial on the floor ical answer. I am your sister-in-law They mislead us in going into Iraq. of the Senate to our Democratic lead- who is trying to save money, and I They mislead us in the use of intel- ers and to this party to do something want the truth. Is this a good idea for ligence. They mislead the people of about it. me to get my prescription drugs in Iraq, and they have done the same We want to do something about it. Canada where the prices are so much thing on health care. How long are we We have a bipartisan bill to do some- lower? I said to her: Based on what I know, going to take it? What do the Amer- thing about it. Why, Mr. President, if you get on a bus or a plane and drive ican people need? when you make those speeches out Here it is with the number of the un- there in Michigan, why don’t you call to Canada and walk into a Canadian insured—large and rising by 1 million a up the Republican leadership and do drugstore and buy the goods over the year in the increase of the uninsured. something about it? counter, chances are you will get reli- Look at this. That is the census figure. I yield the remainder of my time. able drugs at a lower price, and that will be the thing for you to do. On the Look at this. Seventy-three million of The PRESIDING OFFICER. The Sen- other hand, if you get on the Internet our fellow citizens are without health ator from Utah. and order these drugs to be shipped to insurance coverage at some point in f you across national boundaries, there this year—for at least 1 to 4 months. HEALTH CARE is no guarantee whatever that the This is why the Americans who have drugs you will get will be the drugs you health insurance know that they are a Mr. BENNETT. Mr. President, I came to the floor to speak on another sub- think you are getting. pink-slip away from losing it. Indeed, if we are going to talk anec- We have seen an explosion of part- ject, but after listening to the Senator dotal evidence, as we have been in the time workers. Do you think they get from Massachusetts I want to try to re- spond to some of the comments he Senate, there are plenty of examples of health insurance coverage? Absolutely people who have gotten on the Inter- not; a fraction of them maybe, but a made. There is no question that we have a net, gone to a Web site that appears to great majority don’t. We see the whole be in Canada, purchased drugs in Can- movement away from the employer- health care crisis in this country. There is a great deal of disagreement ada at a lower cost, and said to them- based system to part-time work. That selves: Aren’t I a hero for being able to is what is happening out here across as to why. There is no question that the issue is tremendously complicated lower my drug costs so much. this country. Then when the drugs arrived, they and does not lend itself to a solution Under the Medicare bill, 3 million found that while they may have been with a single silver bullet. I am inter- American retirees are going to be transshipped from Canada, they were ested at the suggestion that the silver dropped and low-income seniors will produced in Bangladesh or Nigeria or pay under newer financial provisions. bullet to solve the rising health care wherever else in the world. There is ab- Premiums are going to be affected and costs is to allow drug reimportation. solutely no guarantee the drugs they 15 million seniors are going to be dis- We have had that suggestion made here are buying at such attractive lower advantaged under current Medicare. this morning. I would like to talk prices are, in fact, the drugs that are That is the situation. This is the Medi- about that for a moment. outlined on the label of the bottle or care bill that was passed. The evidence is that drug importa- box they receive. Look at what has happened. Here we tion or reimportation, whichever Indeed, one of the interesting things have excess payment to HMOs of $46 phrase you choose, does not, in fact, that has started to happen is not only billion and a $139 billion windfall profit produce major savings, except on an are we seeing degradation of the qual- to the drug companies. If you want to anecdotal basis; that is, one senior here ity and accuracy of drugs being shipped know where expenditures are, if you or there might receive a significant across borders as a result of Internet want to know what is costing more for benefit but overall the benefit of im- sales, the Canadians themselves are be- the average taxpayers, we have given portation is very limited. ginning to lose control of the quality $139 billion over the next 8 years as A recent London School of Econom- in their pharmacies. There are so many windfall profits to the prescription ics study shows that parallel trade in different sources of drugs now available drug industry, and we have given the drugs in Europe where they have im- that even within the network of drug HMOs $46 billion. portation back and forth across the distribution points within Canada, My fellow citizens, if you want to go borders has resulted in a savings of less they cannot be sure of the purity and out and invest in something, go out than 2 percent by consumers. A World state of their drugs. today and invest in HMOs and prescrip- Bank study found that parallel trade in I am interested that there are those tion drugs because we have guaranteed Sweden cost consumers as much as it in the Senate who have said the drug it. saved them after accounting for reship- companies are making enormous prof- Talk about small business—I wish ping and repackaging costs as well as its, and all we need to do is cut out small business had that kind of guaran- profits for the traders. those profits, lower the price of drugs, tees and Government payouts. Talk So to stand here and say, whatever and everything will be fine, and at the about competition, it doesn’t exist in the decibel level, that we can somehow same time they are insisting we have that Medicare bill. That is what the solve the problem if we just adopt the to have more research. What has low- problem is. The drug industry is doing reimportation legislation that is being ered the cost of health care on a per well and the HMOs are doing well but proposed is to go in the face of previous person basis? It is the introduction of the average workers are not doing well. experience. I would be willing to adopt new wonder drugs. Where did the new Let us level with the American peo- this just to prove the point if there wonder drugs come from? They do not ple about what the real debate is about were not a downside connected with it come out of the air. They do not come in this Congress. Let us not distort and that our friends on the Democratic side as a result of Federal legislation. We misrepresent the position of the oppo- do not talk about. cannot pass a bill in the Senate that sition. I know the Republicans were I have a sister-in-law who is a very says there will be a new drug that will against Social Security, I know they aggressive shopper. She is a senior. She solve this, that, or the other problem. were against Medicare, and I know is very familiar with the Internet. She Drugs come as a result of research. S9164 CONGRESSIONAL RECORD — SENATE September 14, 2004 We talk about the profits of the drug at a high decibel rate attacking this to call attention to situations which companies. I am not here to carry any bill are misleading the American peo- are of concern to us as freedom-loving water for the drug companies, but I ple. Senator HATCH and I found with people and as people who put first have been a businessman long enough our constituents this program is easy among our freedoms the freedom of to know that profits that show up on a to deal with. It will save up to half of conscience. balance sheet or a profit-and-loss state- your drug costs right now, and it is the The freedom of religion is the funda- ment do not automatically go imme- law. You do not have to wait for an mental and first of our freedoms be- diately into the pockets of the Donald election or for an eruption to have this cause all freedoms flow from that. If Trumps and the Warren Buffetts of the come to pass. you do not have the freedom to believe world. Profits get retained in compa- I hope my friends on the other side of what you want to believe, then freedom nies. There is an accounting term for it the aisle will not be offended when I of speech is a meaningless freedom, called retained earnings. disagree with them when they say: The freedom of assembly is a meaningless What do companies do with those re- President has lied. The President has freedom. So this is the first of the free- tained earnings? They invest them in misled. That is election year rhetoric doms, and it is one that we believe, as research. It takes roughly $1 billion to that we should learn to ignore, and Americans, very strongly. determine whether a new idea for a spend our time on the reality, which is We believe, as the President says, drug will produce a drug that works. A this Congress, under this President, that liberty, that basic freedom is the company has to have enough financial has, in fact, done significant things. right of all people given by God. Yet we strength that it can put $1 billion into And if we will just level with the Amer- see, in Europe in particular, a growing research to produce one drug. ican people as to what we have done, and rising tension in the world, in that That is expensive enough. You can they will find that it is easy to navi- continent. spend millions of dollars on a drug that gate, and it will produce significant fi- I submit for the RECORD recent inci- does not work before you know it is not nancial benefit. dents of anti-Semitism in Europe, just going to work. So the amount of prof- The PRESIDING OFFICER. The Sen- in this year, the year 2004. I will go its they will make on the drugs that do ator from Pennsylvania. through and pick one incident from work not only have to recover the cost Mr. SANTORUM. Mr. President, I each of the countries I will talk about. that it took for the drug that does thank the Senator from Utah. His com- Unfortunately, on this list—which is work, but it has to recover the millions ments are right on. When I have an about 5 pages long—almost half of the again and again for the drugs that do hour or two I will be happy to explain incidents occurred in France. I have not work. my strenuous opposition to this issue had meetings with the French Ambas- To suggest there is a silver bullet to of importation of pharmaceuticals sador on this issue and expressed con- the rising health care costs, and that cerns about religious freedom and ex- from countries that can very much the silver bullet can be found in beat- pressed concerns, via correspondence harm our patients in America. ing up the drug companies and buying and meetings, about anti-Semitism. drugs from Canada, is to demonstrate f Yet this is a growing problem in this vast ignorance of the way the free mar- ANTI-JEWISH SENTIMENT IN region of the world. But it is not only ket really works. EUROPE in France. Let me make, again, the standard Mr. SANTORUM. Today, as I come This first example is of a situation in statement that I make over and over in France. This is a situation where we forward—and Senator BROWNBACK will the campaign. I am not questioning the be joining me in a few minutes—as we have the World War II memorial to patriotism of my friends across the Jewish soldiers in Lyon, where you enter into Rosh Hashanah, the Jewish aisle. I am questioning their wisdom have swastikas painted on the memo- new year, a time of reflection for the and their judgment and their decisions, rial. Jewish people, I thought it would be but I am not questioning their patriot- You have instance after instance— appropriate to reflect upon the state of ism. We hear that over and over again. and I think there are, as I said, 51⁄2 Finally, we hear the drug benefit affairs with respect to Jewry around pages of this document that I will be the world and the frightening rise in that was passed in this body denigrated submitting for the RECORD—talking again and again on the Democratic side anti-Semitism we have seen in many about anti-Semitic activity, whether it of the aisle, the do-nothing program, parts of the world, and I argue, unfor- is graffiti or turning over tombstones, the program that did not do anything tunately, even in this country. destroying graves, whether it is van- for senior citizens, and the cry that has Senator BROWNBACK will talk about a dalism of synagogues, or whether it is gone out to the point that I find many different aspect than I, and there will assaults on Jewish children, particu- of my constituents believe this pro- be some speakers tomorrow morning larly in school and coming from reli- gram is so complicated that nobody during morning business who will cover gious schools. We are seeing it more can figure it out, and nobody can get various other aspects of this problem. and more and more. any benefit from it. An area I have been particularly con- We need to understand this is not a Senator HATCH and I put together a cerned about is the rise of anti-Semi- problem that will go away if we ignore series of town meetings across our tism in Europe. As we know, the roots it. This is a problem which we have to State. We gathered seniors. We said: of anti-Semitism in various parts of speak up on and bring attention to. Here is how it works. We walked them Europe are very deep, and we have seen In Belgium, four Jewish teenagers, through how to get on the Internet and the horrific consequences of that with- all students from the same school in an order drugs. Then we said: If this is too in the last century. It is important, as Antwerp suburb, were attacked by a complicated for you, you are not Inter- a result, to keep a very close, watchful group of 15 men. One of the Jewish stu- net friendly. Get your grandchild to eye on any precursors to what could be dents was stabbed in the back and seri- get on the Internet, and they can make another tragic, horrific situation oc- ously injured. Again, an attack, in this it work. If you do not have a grand- curring on that continent. case, by ‘‘youth of Arab origin.’’ child who can make it work, call 1–800– There is a rabbi, Chief Rabbi Jona- In the Czech Republic, some 80 tomb- Medicare, and the person who answers than Sacks, who said—and this quote, stones were overturned in a Jewish the phone will get on the Internet for to me, is quite telling—‘‘Let it not be cemetery in Hranice in the east of the you and make it work. said of us that we saw the tiny flame Czech Republic. We took seniors out of the audience, but did not put it out until it became In Austria, a Holocaust memorial asked what drugs they are currently a raging fire.’’ I think that is one of was desecrated, with the word ‘‘lie’’ taking, then, on the Internet, we our duties and responsibilities as the spray painted over a historical plaque. checked it. They came back and said: leader of the free world, in our diplo- This memorial near Vienna is at the We are going to save 45 to 50 percent of matic bodies around the world and site of a former concentration camp. our drug costs, and this was easy. This through diplomatic channels country In Germany, in Dusseldorf, vandals was simple. to country, to use our good offices in sprayed swastikas and SS symbols on Talk about misleading the American America to make sure we are watchful, at least 40 gravestones at a Jewish people. Those who stand in the Senate and we do more than just watch idly, cemetery. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9165 In Hungary, a Jewish cemetery in seriously injured with a punctured lung. In May 6/7, 2004.—Verdun—A memorial to northern Hungary was vandalized. response to the attack, ADL wrote to the Jewish soldiers who died in the Battle of More than 90 gravestones were smashed Belgian Ambassador urging an investigation. Verdun was vandalized. Nazi slogans and only weeks after the cemetery had CZECH REPUBLIC symbols were scrawled on the memorial. The Battle of Verdun was fought between French been renovated by the local town coun- August 10, 2004.—Hranice—Some 80 tomb- stones were overturned at the Jewish ceme- and German armies near the northern cil to mark the 60th anniversary of the French city in 1916. Holocaust. tery in Hranice in the east of the Czech Re- public. May 4, 2004.—Paris—In the suburb of In Moldova, vandals threw Molotov Cretiel, a rabbi and his young son were at- FRANCE cocktails at the synagogue in Tiraspol. tacked on their way home from Friday night In Poland, in Krakow, police discov- August 26, 2004.—Paris—The director of the services. main public library, the Bibliotheque ered the desecration of a 19th century April 29/30, 2004.—Colmar—A Jewish ceme- Publique d’Information, announced that tery in the Alsace region in eastern France synagogue. Vandals had painted swas- anti-Semitic inscriptions were found was vandalized. At least 127 headstones were tikas on a Star of David hanging from stamped into a dozen books about the Drey- spray painted with swastikas and anti-Se- gallows on the Tempel Synagogue. fus case and legal issues. The vandals mitic statements. The cemetery dates back In Romania, the wall of a Jewish stamped the edge of the books with the to the 18th century. The attack was con- cemetery in northwestern Romania words ‘‘Against the Jewish Mafia and Jewish demned by numerous French officials, in- was smeared with swastikas as well as Racism’’ with the addresses of a Holocaust cluding President Jacques Chirac. denial and Islamic propaganda Web sites. April 4, 2004.—Valenciennes—A synagogue anti-Semitic and fascist slogans. August 14, 2004.—Paris—Anti-Semitic graf- In Russia, there were several in- in northern France was defaced with neo- fiti, including a sign saying ‘‘death to Jews’’ Nazi slogans, including swastikas, and ‘‘One stances of vandalism and an explosion and a swastika, was found scrawled on a wall people, one empire, one leader, 59 years, sieg in Debent that shattered several win- on the grounds of Notre Dame Cathedral. Po- heil.’’ The 59 is believed to be a reference to dows in a synagogue in the southern re- lice are investigating. the 59 years since the death of Nazi dictator gion of Dagestan. August 9, 2004.—Lyon—Some 60 grave- Adolf Hitler. In Ukraine, more than 50 gravestones stones were vandalized with swastikas in a March 23, 2004.—Toulon—A Jewish syna- were vandalized in a Jewish cemetery. Jewish cemetery in Lyon in southeastern gogue and community center was set on fire. France. On August 15, a 24-year-old man According to media reports, the arsonist In Great Britain, the British rabbi—I turned himself in to Paris police and admit- will put up another quote from him— broke a window and threw a Molotov cock- ted to desecrating the graves in Lyon. He did tail into the building. There was minor dam- said, ‘‘Jews wait anxiously for the next not appear to have links to far-right groups age and no injuries. news of a synagogue vandalized, a cem- and told investigators that he was inspired January 23, 2004.—Villiers-au-Bois—Two etery desecrated, a Jewish school set by a television documentary about American gravestones marked with Stars of David on fire, Jews attacked in the streets.’’ racist groups. A state prosecutor said that were damaged in the World War I cemetery In London, only a couple months ago, the man was inspired by a hatred of Arabs. of Villiers-au-Bois near the English Channel there was an arson attack on a London July 28, 2004.—Saverne—Thirty-two tomb- coast. stones were vandalized with swastikas, Stars area synagogue, destroying religious January 20, 2004.—Strasbourg—A parked of David and satanic ‘‘666’’ symbols in a Jew- minibus used to transport children to a Jew- books, including some that had been ish cemetery in the Alsatian town of ish school in the eastern French city of smuggled out by Jewish refugees flee- Saverne, north of Strasbourg. The vandalism Strasbourg was burned. Police are inves- ing the Nazis. A burning rag was was discovered by a family member visiting tigating the attack as an arson. thrown into the South Tottenham the cemetery. January 20, 2004.—Strasbourg—Police re- United Synagogue. June 11, 2004.—Rivesaltes—A Holocaust-era ported that a group of assailants hurled In Birmingham, just last month, 60 mural painted by Jewish children in a tran- stones at the door of a Strasbourg syna- sit camp who were being held before being gogue. Jewish gravestones were destroyed in a sent to Nazi death camps, was discovered cemetery. January 20, 2004.—Paris—A Jewish teen- vandalized in southwestern France. A histo- ager was injured in an attack by Muslim We can go on and on and on. rian visiting the site, where 4,500 Jews and youths at an ice-skating rink. The youths Mr. President, I ask unanimous con- Gypsies were held, found that the mural had shouted anti-Semitic insults at the 15-year sent the full text of this document be been chiseled off the wall. According to The old boy before kicking him in the head and printed in the RECORD. Independent, in 1942, a Swiss nurse at the jaw with ice skates. camp asked the children to paint a Swiss There being no objection, the mate- GERMANY rial was ordered to be printed in the landscape on the infirmary wall. The paint- ing was discovered in 1999 and was to become August 15, 2004.—Berlin—A Jewish monu- RECORD, as follows: the central exhibition of a Holocaust mu- ment was smeared with a swastika. Police RECENT INCIDENTS OF ANTI-SEMITISM IN seum at the Rivesaltes transit camp. Half of are investigating. EUROPE (2004) the inmates of the transit camp, including July 22, 2004.—Hagen—A fifteen-year old boy, along with two others, threatened visi- AUSTRIA 400 children, were later killed in Auschwitz. tors to a synagogue with a knife, and made June 1, 2004.—Villach.—A memorial hon- French government officials condemned the incident, and the Interior Minister promised anti-Semitic remarks. The visitors were oring Holocaust victims in southern Austria, leaving the synagogue at around 7 p.m. when consisting of 17 glass plates engraved with that the mural would be restored. June 4, 2004.—Epinay-sur-Seine—A 17-year- they were confronted by the boys. the names of 108 local Holocaust victims, June 25, 2004.—Dusseldorf—Vandals was smashed. The memorial, which was cre- old Jewish student was stabbed by a man with a knife shouting ‘‘Allahu Aqbar’’ (G-d is sprayed swastikas and SS symbols on at ated in 1999, was previously damaged by van- least 40 gravestones at a Jewish cemerty. dals in March 2003. great in Arabic). The student was leaving a HUNGARY January 18, 2004.—Hinterbruehl—A Holo- Jewish school in the northern Parisian sub- caust memorial was desecrated, with the urbs. The attacker tried to hurt two other July 21, 2004.—Debrecen—Vandals defaced word ‘‘lie’’ spray painted over a historical students with a screwdriver. The student was a Holocaust memorial with swastikas in the plaque. The memorial near Vienna is at the in serious, but not critical condition. Presi- eastern Hungarian city of Debrecen. Police site of a former concentration camp. dent Jacques Chirac condemned the attack are investigating. and the French Interior Minister, Dominque July 1, 2004.—Gyongyos—A Jewish ceme- BELGIUM de Villepin, visited the scene. tery in northern Hungary was vandalized. July 1, 2004.—Antwerp—In separate inci- May 30, 2004.—Boulogne-Billancourt—A 17- More than 90 gravestones were smashed just dents, two Jewish men were attacked in the year-old Jewish youth was attacked outside weeks after the cemetery had been renovated Antwerp area. A Jewish cyclist in Berchem his home in a Paris suburb by a group of by the local town council to mark the 60th had stones and bottles thrown at him by a young men yelling anti-Semitic slogans. The anniversary of the Holocaust. group of 15 youths. He escaped injury. In the youth is the son of a local rabbi. President MOLDOVA/TRANSDNIESTRIAN REPUBLIC second attack, a young Jewish man was Jacques Chirac condemned the attack. found bleeding on the street. His attacker May 7, 2004.—Villier-le-Bel—A small explo- May 5, 2004.—Tiraspol—Vandals threw was described as ‘‘Eastern European origin.’’ sive device was discovered outside a syna- Molotov cocktails at the synagogue in No arrests have been made. gogue north of Paris. According to media re- Tiraspol. June 24, 2004.—Antwerp—Four Jewish teen- ports, the bomb was in a bag with the writ- POLAND agers, all students from the same school in ing ‘‘Boom anti-Jews’’ and a swastika. On June 13, 2004.—Krakow—Police discovered an Antwerp suburb, were attacked by a May 14, an 18-year-old man was found guilty the desecration of a 19th century synagogue. group of 15 men described by authorities as of putting the fake bombs on the grounds of Vandals had painted swastikas and a Star of ‘‘youth of Arab origin.’’ One of the Jewish the synagogue and was sentenced to two David hanging from gallows on the Tempel students, who was stabbed in the back, was months in prison. Synagogue. S9166 CONGRESSIONAL RECORD — SENATE September 14, 2004 ROMANIA The PRESIDING OFFICER. The Sen- might question the need to focus on a August 20, 2004.—Cluj—The wall of a Jew- ator from Kansas. problem like anti-Semitism. The issues ish cemetery in northwestern Romania was Mr. BROWNBACK. Mr. President, I of terrorism and anti-Semitism are in- smeared with swastikas as well as anti-Se- thank my colleague from Pennsylvania separably married, wedded by their in- mitic and fascist slogans. for addressing the topic of anti-Semi- tolerable hatred of Israel and Jews. RUSSIA tism and anti-Israelism expanding in They are joined together by their dis- April 15/16, 2004.—Pyatigorsk—Fourteen the world. I have comments to add to gust for defenders of peace and democ- tombstones were vandalized in a Jewish cem- this issue as well. racy. The eerie and lasting relationship etery. The cemetery had been previously at- tacked in June 2003. This is a disheartening development of state-sponsored terrorism and state- March 29, 2004.—St. Petersburg—The city’s that is taking place. We are seeing it. sponsored anti-Semitism is destroying only kosher restaurant had its windows bro- It is being documented. I say to my hope of peace for future generations. ken by vandals. colleagues, if they are interested, I In the book I just referenced, the au- February 15, 2004.—St. Petersburg—Van- have ‘‘The Rise of Anti-Israelism & thors state: dals desecrated about 50 graves in a Jewish Anti-Semitism,’’ by Dr. Gary Tobin, Terrorism has clearly been chosen and re- cemetery, painting swastikas and anti-Se- Dr. Alexander Karp, and others. It is a lied upon as a primary tactic by the world’s mitic graffiti on headstones. Police are in- 1 most vehement anti-Israelists and anti- vestigating. good 2, 2 ⁄2 inches thick, documenting January 27, 2004.—Derbent—An explosion what is taking place in the world Semites: despotic Arab dictatorships. Syria, shattered several windows in a synagogue in today. It is full of pictures and leaflets Iran, Saudi Arabia, and Palestine are all led Derbent in the the southern region of Dage- that are being distributed. Some of by those who have chosen to use fear and ter- ror to weaken Israeli resolve. stan. them are ghastly to look at. I do not UKRAINE want to show them on the Senate floor In the State Department’s Pattern of May 23, 2004.—Kiev—More than 50 grave- because they are so dark and evil and Global Terrorism report released in stones were vandalized in a Jewish cemetery. diabolical. But I think it is something 2001, it certifies that: According to the chief rabbi of Kiev, for people to be able to see the docu- Iran’s involvement in terrorist-related headstones were broken and heavy old stones mentation. activities remained focused on support were thrown about. Ukrainian Interior Min- for groups opposed to Israel and peace be- istry spokesman Viktor Korchinsky denied When I first heard about this devel- oping, I said this can’t really take tween Israel and its neighbors. . . . Supreme any acts of vandalism, saying the graves Leader Khamenei continued to refer to Israel were destroyed ‘‘all by themselves, because place now. We are 60 years out from as a ‘cancerous tumor’ that must be re- they were too old.’’ Auschwitz. That is close enough. Peo- moved. . . . March 23/24, 2004.—Odessa—Vandals broke ple are still alive who experienced this. The most recent report states that: several windows of the Osipova Street Syna- Surely this does not happen in the gogue. No one was injured. world today. Yet it does. We need to During 2003, Iran maintained a high-profile UNITED KINGDOM role in encouraging anti-Israeli activity, identify it as evil and dark and wrong both rhetorically and operationally. . . . August 21/22, 2004.—Birmingham—Sixty and castigate it and tell people this is Iran provided Lebanese Hizballah and Pales- Jewish gravestones were destroyed in the wrong and stand up against it. And it tinian rejectionist groups—notably Hamas, Witton cemetery. Community officials re- the Palestine Islamic Jihad, and the Popular ported that stickers with the logo of the neo- is, unfortunately, well documented Front for the Liberation of Palestine-Gen- Nazi National Front were found on some of about what is taking place. eral Command—with funding, safe-haven, the stones. I particularly thank my colleague June 18, 2004.—London—A ‘‘suspicious fire’’ Senator VOINOVICH for his tireless work training, and weapons. damaged the synagogue and headquarters of in promoting the Global Anti-Semi- That is from our own State Depart- Aish Ha Torah, a Jewish educational group, tism Review Act of 2004 and pushing to ment. in Hendon. Two Torah scrolls were torn and identify and get at the roots of the In Foxman’s book, he reiterates the desecrated in the attack and the synagogue issue. trend of state-sponsored terrorism tak- and offices suffered serious smoke damage. June 17, 2004.—London—An arson attack In his book titled ‘‘Never Again? The ing a more religious approach: on a London area synagogue destroyed reli- Threat of the New Anti-Semitism,’’ Na- So today, thanks to the propaganda of a gious books, including some that had been tional Director of the Anti-Defamation number of fundamentalist Islamic clerics, smuggled out by Jewish refugees fleeing the League, Abraham Foxman, likens anti- supported by Arab leaders in many coun- Nazis. A burning rag was thrown into the Semitism to a disease. He says: tries, the Arab-Israeli conflict has been transformed from a nationalist struggle into south Tottenham United Synagogue. Like many diseases, it spreads from person a religious one. When Palestinian suicide Mr. SANTORUM. But what we see to person. It can be inherited—not geneti- bombers go out on their deadly missions, cally, of course, but through the malign im- here is a very troubling trend in an they wrap themselves not in the banner of pact of a bigoted adult on his or her children area of the world which has been, un- the Palestinian Authority but in the green and grandchildren. It can lie dormant within fortunately, a hotbed for this kind of and white flag of Islam. When terrorists an individual, sowing symptoms only in behavior which has led to horrific con- record videotapes to inspire their followers times of stress. And at times when a commu- and frighten their opponents, they don’t talk sequences. We have an obligation, par- nity is vulnerable, it can spread rapidly, about demands for land or autonomy, they ticularly in this region of the world, to causing an outbreak that is equivalent to an talk about religious martyrdom and about point out to the governments of those epidemic. their wish to kill Jews. countries the importance of making We cannot tolerate further spread of We are living in a critical period of sure that religious liberty is respected, this epidemic. Many of us here asso- history. The war for civilization—and and religious liberty of all faiths, but ciate anti-Semitism with the hatred of our very way of life—is being fought in particular any kind of rise or any Jews that hit Europe in the 1930s and not only in Baghdad and Kabul, but it kind of motion toward a return to a escalated to the genocidal measures of is being fought in Jerusalem a well, horrific time in the world’s history. Adolph Hitler and the Nazis. However, and has been for a long time. This bat- This is one of the reasons I wanted to as President Bush stated in a recent tle pits democracy against totali- get up and talk today. I think it is im- speech: portant that we bring attention to this tarianism. It pits freedom against sub- . . . Anti-Semitism is not a problem of the jugation. It pits a culture that values issue, as well as the broader issue of past; the hatred of Jews did not die in a Ber- anti-Semitism. lin bunker. . . . The demonization of Israel, life against a culture willing to throw Later, we will hear people talk about the most extreme anti-Zionist rhetoric can it away with neither remorse nor re- the acceptance—it is almost incredible be a flimsy cover for anti-Semitism, and con- gret. to believe—the acceptance of anti-Se- tribute to an atmosphere of fear in which While the global war on terror is our mitic behavior at our colleges and uni- synagogues are desecrated, people are slan- common cause now, peace and rec- versities here in the United States of dered, [and] folks are threatened. . . . onciliation are our actual objectives. America, as well as a whole host of This hatred of Israel and her people Through time immemorial, the people problems. continues, endorsed and propagated by of Israel have simply sought and Mr. President, I see my time is up. I many states and their leaders. taught of peace; of a time when swords know the Senator from Kansas is here. In a time when we are concerned would be beaten into plowshares; and I yield the floor. about terrorism and security, some children would be taught of war no September 14, 2004 CONGRESSIONAL RECORD — SENATE S9167 more. When the lion would lay down Mr. COCHRAN. Mr. President, the firefighters, fire chiefs organizations, with the lamb and there would be no Senate has made progress on this bill. and others. On behalf of Senators SPEC- more tears. Yet today we are beset We hope to continue to consider TER, LEVIN, HARKIN, KENNEDY, SAR- with hostilities. Nations are embracing amendments during the remainder of BANES, DASCHLE, SCHUMER, and myself, terrorism. Hatreds exist without rea- the session today. The leader would we offer this important amendment. son. like us to complete action on this bill I want to take a few minutes, with Peace and truth go together. We tonight. I hope we can achieve that the full recognition that my friend and must speak of peace with all who em- goal. If we can’t, we can go into the colleague from Mississippi wants to brace peace and speak the truth about next day and try to complete action be- move matters along. I will take as lit- those who do not. Evil must be identi- fore noon on Wednesday. But we hope tle time as I can to explain this amend- fied for what it is and once exposed to we can complete action today. We urge ment and what we are trying to do, the sunlight of the truth, will waken, Senators who have amendments, sug- why I think it is a worthwhile amend- whither and fall. Terrorism and anti- gestions for changes in the bill, to ment, how we pay for it, and why I Semitism are evil and must be rejected come to the floor. We will consider don’t feel that the offset we are sug- by all civilized people and every na- those amendments and deal with them gesting here in any way would be detri- tion. Terrorism is practiced on the in- in an orderly way. We hope we can re- mental to the Department of Homeland nocent and anti-Semitism on the vul- ject most of them. There are some we Security. nerable, and they are tools of dark can agree to. Our amendment will help the 33,000 souls. Those that employ these means I see my good friend from Con- fire departments across America—paid must be confronted and renounced by necticut is on the floor and has an departments, volunteer departments, all humanity. amendment. I am happy to yield the and combination departments. It will Let us call on Syria and Iran, Sudan floor. help them acquire the necessary per- and North Korea to embrace the nobil- The PRESIDING OFFICER. The Sen- sonnel they need in order to fight fires ity of their heritage and renounce ter- ator from Connecticut. and respond to situations all across the rorism and anti-Semitism. Immunity Mr. DODD. Mr. President, I ask unan- country, particularly terrorist inci- from the wrath of hatred is impossible, imous consent to lay the pending dents and other large-scale emer- but inoculation from the spread of this amendment aside. gencies that may emerge. disease to future generations is both The PRESIDING OFFICER. Without Just yesterday, I spent a couple of possible and necessary. objection, it is so ordered. hours with the fire department of En- I yield the floor. AMENDMENT NO. 3630 field, CT. I went out on one of the calls—a traffic accident. It turned out Mr. REID. Mr. President, I suggest Mr. DODD. Mr. President, I send an not to be a serious emergency, but the the absence of a quorum. amendment on behalf of myself and The PRESIDING OFFICER. The first vehicles to actually respond to the Senator SPECTER to the desk. situation were the fire departments of clerk will call the roll. The PRESIDING OFFICER. The Enfield. That happens every single day The legislative clerk proceeded to clerk will report. in this country. I think one firehouse call the roll. The legislative clerk read as follows: Mr. COCHRAN. Mr. President, I ask in Enfield—one of five—has some 1,200 unanimous consent that the order for The Senator from Connecticut [Mr. DODD], calls they respond to each year, to give for himself, Mr. SPECTER, Mr. HARKIN, Mr. the quorum call be rescinded. LEVIN, Mr. SARBANES, Mr. KENNEDY, Mr. you an idea of the magnitude of emer- The PRESIDING OFFICER. Without DASCHLE, and Mr. SCHUMER, proposes an gencies these departments are called objection, it is so ordered. amendment numbered 3630. upon to respond to every day of the f Mr. DODD. Mr. President, I ask unan- year, all hours of the day and night. imous consent that further reading of Mr. President, this amendment is the CONCLUSION OF MORNING single most important legislative pri- BUSINESS the amendment be dispensed with. The PRESIDING OFFICER. Without ority of the International Association The PRESIDING OFFICER. Under objection, it is so ordered. of Firefighters. It is also strongly sup- the previous order, morning business is The amendment is as follows: ported by the International Associa- closed. tion of Fire Chiefs and the National f (Purpose: To increase the amount provided Volunteer Fire Council. If our col- for fire department staffing assistance DEPARTMENT OF HOMELAND SE- leagues support firefighters—and I grants; and to provide offsets) know many, if not all, do—this is an CURITY APPROPRIATIONS ACT, On page 21, between lines 20 and 21, insert 2005 opportunity to support bipartisan leg- the following: islation that will make a huge dif- The PRESIDING OFFICER. Under FIRE DEPARTMENT STAFFING ASSISTANCE ference in the personnel area of a fire the previous order, the Senate will re- GRANTS department. sume consideration of H.R. 4567, which For necessary expenses for programs au- In particular, this amendment pro- the clerk will report. thorized by section 34 of the Federal Fire vides $100 million for the SAFER Act, The legislative clerk read as follows: Prevention and Control Act of 1974 (15 U.S.C. 2229a), to remain available until September which stands for Staffing for Adequate A bill (H.R. 4567) making appropriations 30, 2006, $100,000,000: Provided, That not to ex- Fire and Emergency Response. It was for the Department of Homeland Security for ceed 5 percent of this amount shall be avail- enacted last year with significant bi- the fiscal year ending September 30, 2005, and able for program administration: Provided, partisan support as part of the fiscal for other purposes. further, That the amount appropriated by year 2004 Department of Defense Au- Pending: title I under the heading ‘‘OFFICE OF THE thorization Act. In fact, the lead spon- Nelson (FL) Amendment No. 3607, to pro- UNDER SECRETARY FOR MANAGEMENT’’ is sors at that time were Senator WARNER vide funds for the American Red Cross. hereby reduced by $70,000,000, the amount ap- of Virginia, Chairman of the Senate propriated by title IV under the heading ‘‘IN- Corzine Amendment No. 3619, to appro- Armed Services Committee, along with priate an additional $100,000,000 to enhance FORMATION ANALYSIS AND INFRASTRUCTURE the security of chemical plants. PROTECTION MANAGEMENT AND ADMINISTRA- Senators SARBANES, DASCHLE, SNOWE, Mikulski Amendment No. 3624, to increase TION’’ is hereby reduced by $20,000,000, and CLINTON, CORZINE, DURBIN, JOHNSON, the amount appropriated for firefighter as- the amount appropriated by title IV under KERRY, LANDRIEU, MURRAY, REED, and sistance grants. the heading ‘‘SCIENCE AND TECHNOLOGY MAN- SCHUMER. Kennedy Amendment No. 3626, to require AGEMENT AND ADMINISTRATION’’ is hereby re- The House of Representatives also the President to provide to Congress a copy duced by $10,000,000. has championed very similar, if not of the Scowcroft Commission report on im- Mr. DODD. Mr. President, I am offer- exact, legislation. It has been sup- proving the capabilities of the United States ing this amendment dealing with the ported by the Chairman of the House intelligence community. Dayton Amendment No. 3629, to ensure the SAFER Act. This is the No. 1 priority Science Committee, SHERWOOD BOEH- continuation of benefits for certain individ- of the various firefighting organiza- LERT of New York; Republican Con- uals providing security services for Federal tions of the United States, whether gressman CURT WELDON, a tremendous buildings. they be paid firefighters, volunteer champion of firefighters for many S9168 CONGRESSIONAL RECORD — SENATE September 14, 2004 years; along with House minority whip substantial increases in management In the past, the Congress has come to STENY HOYER, and Representative BILL and administrative costs, as well as the aid of America’s firefighters. We PASCRELL, a strong advocate of fire- leaving title IV in the same position it have provided substantial funds for the fighters. would be funded at in the House-passed FIRE Act Grant Program, which I also The $100 million our amendment pro- legislation. authored with my good friend Senator vides is fully offset by reductions in You don’t have to take our word on DEWINE of Ohio. FIRE Act grants have management and administrative ex- the importance of the legislation and enabled fire departments, large and penses in title I and title IV of the un- the need for increasing the number of small, paid and volunteer, to purchase derlying bill. Even with these offsets, people we have in our fire departments. the necessary equipment and train fire- the accounts that will be affected will The U.S. Fire Administration—not the fighters. That assistance allows them still receive an increase over last firefighters, not the fire chiefs, but to do a better job. In Enfield, CT, yes- year’s funding levels. U.S. Fire Administration—and Na- terday, I saw exactly the kind of equip- After all, this debate is fundamen- tional Fire Protection Association ment that can be purchased with a fire tally about priorities. Senator SPECTER found that fire departments through- grant proposal. It has made a huge dif- and I strongly believe the need for ad- out the Nation, rural America and ference to that one department in a ditional firefighters on our Nation’s urban America, lack sufficient per- relatively small community in my streets far outweighs the need for in- sonnel to adequately protect the pub- home State of Connecticut. creased resources devoted to adminis- lic. While training and equipment are ex- tration and management in Wash- These concerns were echoed last year tremely important, they are meaning- ington, DC. in the Council on Foreign Relations re- less, obviously, without the personnel If I can, I will explain how this offset port, authored by our former colleague needed to take advantage of it. After works because I know my good friend Warren Rudman. The report was enti- all, what good is a new breathing appa- ratus if there is no firefighter to use it? from Mississippi will want to address tled ‘‘Emergency Responders: Dras- What good is new protective clothing if this. I know that my friend from Mis- tically Underfunded, Drastically there is no firefighter to wear it? What sissippi has a very difficult job trying Underprepared.’’ It noted that ‘‘only 10 good are new firetrucks if there are no to put a bill together that is balanced. percent of fire departments in the firefighters to drive them? What good I respect him immensely for having to United States have the personnel . . . are new portable radios if there are no wrestle with these important issues. to respond to a building collapse.’’ It firefighters to communicate with each Certainly, I would have supported a also found that ‘‘two-thirds of our fire larger 302(b) allocation for homeland other? departments do not meet the consensus We cannot lose sight of the human security, but that is a debate for an- fire standard from minimum safe staff- side of this important issue. It takes other day. ing levels,’’ which is at least four fire- significant manpower to rush into Nevertheless, Senator SPECTER and I fighters per truck at the scene of an burning houses and buildings, to save have chosen these offsets with a great emergency. the life of a child, deliver emergency deal of care. In no instance do they cut If our colleagues are not concerned medical services and respond to an in- programs below last year’s levels. They about these findings, they ought to be cident involving a chemical or biologi- don’t affect the intelligence commu- concerned about the Rudman report’s cal agent. It is, therefore, this shortfall nity in any way. If anything, our off- conclusion. It said: in firefighter staffing that this bipar- sets will respect the increases in the If the Nation does not take immediate tisan, fully offset amendment that I underlying bill but grant smaller in- steps to better identify and address the needs am offering with Senator SPECTER and creases. In addition, these offsets are of emergency first responders, the next ter- others addresses. from increases to administrative and rorist incident could have an even more dev- The manpower situation was not al- management accounts. We believe it is astating impact than the September 11 at- tacks. ways this dire. Yet over the past two more important to place new fire- decades the number of firefighters as a On Saturday our Nation commemo- fighters on the streets than new man- percentage of the U.S. workforce has rated the third anniversary of that agers and administrators in Wash- declined considerably. I am going to ington. I will mention specifically tragic day three years ago. No Amer- put up a chart that lays out exactly what we are doing. ican citizen will ever forget—no citizen what has happened. This chart will The Office of the Undersecretary for in the world, for that matter, could give us a clear understanding of the Management in Title I, for example, re- ever forget—the heroism of the fire- problems that exist. ceived a significant increase in this bill fighters who were among the first on Only 11 percent of fire departments over last year’s level. Last year, we the scene that day and who charged the can handle, with local personnel, a funded it at $130 million. This year, the stairs, while everybody else was run- building collapse with 50 occupants or Senate bill provides an increase to $245 ning out of these buildings. more in it. That means 89 percent of million for the same office. That is an Those 343 members of the New York our departments cannot respond to 88-percent increase over last year! If Fire Department made the ultimate that. Only 13 percent of fire depart- our amendment is adopted, the Office sacrifice that day in their efforts to ments can handle a hazardous material of the Under Secretary of Management save thousands of lives trapped in the incident with chemical or biological would still receive a 35-percent in- World Trade Center. agents and 10 injuries. Again, 87 per- crease over last year’s bill. After September 11, of course, we re- cent cannot respond to this in an ade- It seems to me that if we were gut- alized that firefighters face new and quate way. Forty percent of fire de- ting the Office for Undersecretary for profound challenges. No longer do they partment personnel involved in haz- Management and making it impossible just fight fires, promote safety, and in- ardous material response lack formal for it to operate, others could argue we spect fire code violations. Firefighters training in these duties, and 60 to 75 don’t have a good case. But in order to still have those traditional responsibil- percent of fire departments do not have help put 75,000 new firefighters on the ities, but they are now called upon to enough fire stations to achieve widely street over the next seven years, I do far more. They are now asked to re- used response time guidelines. That think is a fair tradeoff. spond to the threat of biological, chem- gives some idea just in a brief synopsis Under title IV of the bill, the $30 mil- ical, and even nuclear terrorism. In of how serious the problems are across lion we offset only comes from man- other words, they are asked to confront our country as far as the lack of per- agement and administrative expenses. what once seemed unthinkable on sonnel. By the way, with that cut we are talk- American soil. It is, therefore, not an In 1983, for example, there was 1 fire- ing about, we still leave the level under exaggeration to say that the Nation’s fighter for every 212 of our citizens. In title IV higher than what is in the firefighters are now literally on the the year 2000, there was only 1 fire- House-passed bill. front lines of the war on terror, pro- fighter for every 260 Americans. To put We don’t believe these offsets we tecting our Nation from the very clear it another way, the number of fire- found are in any way damaging to the and present danger of future terrorist fighters has declined by almost 20 per- underlying bill. They still allow for attacks. cent, nearly one-fifth, over the last two September 14, 2004 CONGRESSIONAL RECORD — SENATE S9169 decades. In fact, we have fewer fire- threats to our Nation by terrorism are president of the International Associa- fighters per capita than nurses and po- placing unprecedented demands on the tion of Fire Chiefs, of full endorsement lice officers. Nation’s fire services. of this legislation as well be printed in The amendment I am offering with I need not remind our colleagues this the RECORD at the conclusion of my re- our colleagues, if it is approved today, morning that we are currently spend- marks. will hopefully begin to reverse this dis- ing billions of America’s tax dollars to The PRESIDING OFFICER. Without quieting trend. In fact, the fire chief at reconstruct Iraq. Some of those very objection, it is so ordered. Enfield, CT, told me that when he funds are being spent to hire and train (See exhibits 1 and 2.) joined the department, there was a Iraqi firefighters and build fire stations This is their priority. This is their waiting list in order to get on the fire in that nation. If we can find the re- opportunity. I need not waste a lot department. Today they are out every sources to hire firefighters and ren- more time talking about this. I am single day seeking to find people who ovate fire stations in Iraq, I do not sure my colleagues understand its im- will make this a career choice. In fact, think it is outrageous at all to suggest portance. I hope on one of these amend- they are understaffed at that par- that we might find some resources to ments, a bipartisan amendment, our ticular station house. make a difference in hiring some peo- colleagues would see fit to be sup- As to our volunteer departments ple to protect our own communities in portive of this amendment. across the country, particularly in this great Nation of ours. I yield the floor. rural America, the days when people Again, I want to emphasize that our EXHIBIT 1 would be able to serve in a volunteer amendment is fully paid for, with re- INTERNATIONAL ASSOCIATION fire department and work in the town ductions in management and adminis- OF FIRE FIGHTERS, they lived in is diminishing. More and trative expenditures, by allowing for Washington, DC, September 9, 2004. U.S. SENATE, more people are choosing to live in an increase of 35 percent in those areas, Washington, DC. rural environments and work some- reducing the increase from 88 to 35 per- DEAR SENATOR: On behalf of our nation’s place else, and they are unable to be cent, and still by allowing under title 4 more than 265,000 professional fire fighters, I volunteer firefighters in the home com- the amount for administrative and am writing to urge your support for the munities. Thus, the number of hired management expenditures at levels Dodd-Specter amendment to the Homeland personnel becomes more important. In above those included in the House- Security Appropriation (HR 4567) to provide rural and urban America, the problem $100 million for a fire fighter staffing initia- passed bill. tive. The amendment is fully offset, and en- is the same. It also has the endorsement of every joys bipartisan support. These numbers I have just cited have major firefighter organization in this As you know, Congress last year enacted recently been exacerbated by the fact country. This is their No. 1 bill. This is the SAFER Fire Fighters Act to address the that many firefighters have been called their No. 1 priority. If we are going to critical staffing shortage in both career and to active duty in the National Guard or go back home and talk about the im- volunteer fire departments nationwide. Army Reserves. According to a recent portance of homeland security and While other federal programs, such as the survey, the smallest fire departments doing a better job, standing up for FIRE Act, have provided funding for fire fighter training and equipment, no federal are disproportionately affected by the these men and women who put their assistance is currently being provided to en- call-up of military personnel, and I lives on the line every single day for sure that fire departments have adequate note the presence of the Presiding Offi- our country, then it seems to me the personnel to take advantage of these re- cer who comes from the State of Wyo- very least we can do is see to it that sources. ming, where again a lot of small rural they have the necessary personnel to Studies conducted by FEMA, the Council communities have been disproportion- do the job, and that is what we are ask- on Foreign Relations, and other organiza- ately affected by the call-ups and are tions have consistently found that fire de- ing for with this amendment. partments throughout the nation lack suffi- feeling it in a very significant way. We America’s firefighters are always the cient personnel to adequately protect the are told that these departments are the first ones in and the last ones out. public. The SAFER Fire Fighters Act ad- least able to absorb the loss of trained They risk their own lives to save the dresses this need by providing temporary staff and will stand to benefit from as- lives of others. They stare danger in matching funds to enable fire departments to sistance made available under this the face every single day because they hire additional fire fighters, and providing amendment. know they have a duty to fulfill. On grants for the recruitment and retention of Finally, making matters worse for the third anniversary of the September volunteer fire fighters. Thank you for your consideration, and the fire services are the budget crises 11 attacks, where 343 firefighters lost your continued support of America’s fire that State and local governments are their lives doing just that, first ones in fighters. If you have any questions about enduring. This amendment is not sug- and last out, I believe there is no bet- this issue, please feel free to contact Barry gesting that this ought to be a perma- ter way for us to commemorate Sep- Kasinitz, IAFF Director of Governmental Af- nent program where we assume the re- tember 11 and recognize the contribu- fairs, at 202–824–1581. sponsibility of paying for the personnel tion of those individuals than to re- Sincerely, at local fire departments across Amer- spond to the very organizations who HAROLD A. SCHAITBERGER, ica; it is saying that the U.S. Govern- represented them, who have asked us General President. ment ought to be a better partner. Just to do a bit better under this bill to see EXHIBIT 2 as we have been doing with the COPS to it that our firefighters have the nec- INTERNATIONAL ASSOCIATION program, we can be so doing with our essary personnel they need in order to OF FIRE CHIEFS, fire departments—not at the same do their job. Fairfax, VA, September 13, 2004. level, not even close to the same I thought I had already done this, but U.S. SENATE, level—but being a better partner to if not, I ask unanimous consent that Washington, DC. help get this on the right track again. Senator CLINTON of New York be added DEAR SENATOR: On behalf of the nation’s Then hopefully, as our economy im- as a cosponsor of this amendment. fire chiefs, I urge you to vote for the Dodd- The PRESIDING OFFICER. Without Specter Amendment to the homeland secu- proves, our State and local govern- rity appropriations bill. This amendment ments will take over the responsibility. objection, it is so ordered. would fund the Staffing for Adequate Fire Over the next 5 or 6 years, stretching Mr. DODD. At the conclusion of these and Emergency Response Firefighters Act of this out, not trying to do it in 1 year, remarks, I ask unanimous consent that 2004 (the ‘‘SAFER Act’’) at $100 million in we can make a real difference in put- the letter of full endorsement of the Fiscal Year 2004 (FY05). ting some people on the ground who Dodd-Specter amendment by Harold Established in 1873, the International Asso- can make a difference and save lives in Schaitberger, general president of the ciation of Fire Chiefs (IAFC) is a powerful this country. International Association of Fire network of more than 12,000 chief fire and emergency officers. Our members lead fire Across our Nation today, firefighter Fighters, be printed in the RECORD. I departments in responding to structural and staffing is being cut, and fire stations have mentioned already where the fire wildland fires, hazardous materials incidents are being closed because of State and chiefs are on this issue. I also ask (including chemical, biological, radiological, local budget shortfalls. These events unanimous consent that the letter and nuclear events), technical rescues (in- are occurring at the same time that from Chief Robert DiPoli, who is the cluding swiftwater rescues, confined-space S9170 CONGRESSIONAL RECORD — SENATE September 14, 2004 rescues, and auto extrication, among others), propriate, I ask unanimous consent I government support. They have, after and emergency medical situations. be permitted to follow Senator COCH- all, the initial responsibility for these The SAFER Act would go along way to- RAN, upon the conclusion of his re- activities. ward ensuring the safety of the public—and The amendment suggests offsets that firefighters—during each of these emergency sponse to Senator DODD. events. Large numbers of fire departments The PRESIDING OFFICER. Is there we cannot afford to take. We are going respond with an inadequate number of per- objection? Without objection, it is so to put at risk the Department of Home- sonnel. National Fire Protection Association ordered. The Senator from Mississippi. land Security’s initiatives in many (NFPA) Standard 1710 requires that, at a Mr. COCHRAN. Mr. President, the areas if these offsets are approved in minimum, four members of a fire or emer- bill we presented to the committee— this amendment. For example, the sug- gency medical services company respond to and the committee approved it and re- gestion of the Senator from Con- an event. Often, however, more personnel are ferred it to the Senate for its consider- necticut would reduce the Under Sec- needed. In initiating a complete attack on a ation—has been very carefully crafted, retary for Management by $70 million, structural fire, for example, four firefighters the Information Analysis and Infra- are needed to meet OSHA’s ‘‘Two In/Two analyzing the needs of the Department. Out’’ rule of having two firefighters inside We conducted a lot of hearings. We structure Protection Directorate’s ac- the building and two outside, in case those have been in consultation with the ad- count by $20 million, and the Science inside need to be rescued. An incident com- ministration, the officials at the De- and Technology Directorate’s account mander is also required, along with a fire- partment who are administering these by $10 million. fighter operating the water pump and one programs, trying to make sure that, Buffer zone protection plans for crit- person ventilating the building. across the board, we are utilizing the ical infrastructure cannot be com- Congress authorized the SAFER Act to pleted if the offset, cutting funds for grant federal funds to local communities to funds that are available to us to get the maximum amount of benefit, in the the Infrastructure Protection Direc- hire more firefighters. Grants would be torate, is approved. If the amendment awarded on the basis of need through a com- most efficient way possible, to identify petitive, peer-reviewed process modeled after the critical and emergency needs we is adopted, funding the Homeland Secu- the highly successful Assistance to Fire- have, and to try to address those in a rity Operations Center, which serves as fighters Grant Program, which assists fire way that helps guarantee the safety the nerve center for sharing informa- departments in funding much-needed equip- and security of our homeland. tion across all levels of Government ment and training. The grants would be for a This is an important and very chal- and the private sector, will be deci- four-year period and must not exceed a total lenging task for the Senate. We appre- mated. of $100,000 per firefighter. They require com- In addition, the Homeland Security munities to match the grant (at 10, 20, 50 and ciate the fact there are going to be dif- ferences of opinion and there are going Information Network will not be able 70 percent in years one through four of the to provide threat information to State grant, respectively, to phase down local gov- to be suggestions made to increase this and local government entities as they ernment dependence on the federal govern- account or that account, reducing the ment). Recipients would be required to re- funding for another, and that is what are expected to do without the funds tain new hires for at least one year following the Senator has proposed: that we add that are cut out of the bill by the Dodd amendment. the conclusion of federal funding. money for firefighter grants; that we Because volunteer firefighters are such an The management administration ac- take away money from other accounts important part of America’s fire service, count, which is in the Science and SAFER contains a specific provision to make in the bill, administration accounts. It Technology Directorate, provides the sure that 10 percent of the appropriated is an easy vote to add money for a pop- front line workers of the Directorate funds are used for departments with major- ular program. That is the easiest thing the funds for grants to university- ity volunteer or all volunteer personnel. In that we can do as a Representative or based research facilities where many of addition, at least 10 percent of the total ap- a Senator. propriated funds must be used to recruit and the new technologies are being devel- I am not suggesting the amendment oped and designed, to more fully pro- retain volunteer firefighters. is offered just because it calls for an Please vote for the Dodd-Specter Amend- tect the safety and security of our ment to fund SAFER in FY05. easy vote, because this amendment homeland. Sincerely, suggests not only adding money for a An immediate freeze is called for in Chief, ROBERT A. DIPOLI, popular program, but it also offsets by all Federal hiring. The cut would de- President. cutting funds for some that may not be crease management administration ac- The PRESIDING OFFICER. The Sen- as popular or as well known or under- counts below last year’s level, signifi- ator from Mississippi. stood as well as the firefighter pro- cantly and adversely affecting the Mr. COCHRAN. Mr. President, we ap- gram. number of employees in the Science preciate very much the offering of the We all know firefighters. We know and Technology Directorate. amendment by the Senator from Con- what they do. We know how heroically The cut in funding could require a necticut. We oppose the amendment, they performed on 9/11, and how much layoff of workers due to the reconfig- and I have some very persuasive com- we depend on them every day. So we uration and prioritization that is ments I am going to make on that sub- want to be sure they are well funded, called for at that Directorate. ject. But before I proceed to do so, the that they have the training they need I am hopeful the Senate will care- Senator from New York has indicated and the equipment they need, so we fully review the effect of this amend- an interest in offering an amendment want to be generous. ment, the damage that it would do to and describing it to the Senate. I am That is why I point out at the outset programs that are already underway happy to withhold my discussion of the that Senator FRIST and Senator BYRD, that have to do with threat vulner- Dodd amendment. the former chairman of the full com- ability programs that we cannot afford I ask unanimous consent, if the Sen- mittee, the ranking Democrat on this to abandon at this point. We want to ator has no objection, to set aside his subcommittee, and I joined in offering work with the firefighter programs and amendment temporarily so the Senator an amendment early in the consider- make sure the grant programs are con- from New York can offer her amend- ation of this bill to increase firefighter tinued. They are generously funded in ment. assistance to $750 million. The bill now this bill, as I have pointed out, and The PRESIDING OFFICER. Is there contains the level of funding that was they have been. We will continue to de- objection? Without objection, it is so included in last year’s appropriations fend them, and we will work in con- ordered. The Senator from New York. act for these purposes. ference to try to accommodate some of Mrs. CLINTON. Mr. President, I ap- If you look at the history of funding the concerns the Senator has men- preciate very much the courtesy of my of these programs, the firefighter as- tioned in his excellent remarks. friend and colleague. I know, though, sistance grants alone have received For these and other reasons which I that the Senator from Connecticut is over $2.1 billion in funding since fiscal may state before we actually get to a still on the floor. Perhaps he would year 2002. vote on this amendment, I urge the want to hear the immediate response This does not reflect the resources Senate to vote against and reject the from the chairman of the Homeland that have been made available for fire amendment proposed by Senator DODD. Security Appropriations Sub- departments through the basic State Mr. DODD. If I may briefly respond, committee. So given that, if it is ap- grant program or from State and local let me thank my colleague again. As I September 14, 2004 CONGRESSIONAL RECORD — SENATE S9171 said at the outset, he has a difficult would like. I don’t think there would We hope the Senate will reject the job. Everyone has different ideas. I un- be any objection made to that. amendment of the Senator from Con- derstand he has to balance all these. Mr. DODD. I thank the Senator. necticut. If I may respectfully challenge what I yield the floor. Mr. President, I suggest the absence he said on the offsets, because this is a Mr. COCHRAN. Mr. President, know- of a quorum. critical question and obviously we have ing that the Senator from New York The PRESIDING OFFICER. The to pay for these initiatives. We took wishes to offer an amendment, I am clerk will call the roll. money from two different titles in this not going to talk long. But I want to The bill clerk proceeded to call the bill, Title I and Title IV. make one observation. We ought not to roll. In Title I, which is where the bulk of be getting into the business in the Sen- Mrs. CLINTON. Mr. President, I ask the money would come from for the ate of deciding for States and localities unanimous consent that the order for amendment, it would still leave an in- how they spend this grant money or the quorum call be dispensed with. crease in the account of 35-percent over how they spend the SAFER Act money. The PRESIDING OFFICER. Without last year. The offset reduces it from an We need to have the flexibility to make objection, it is so ordered. 88 percent increase that is in the un- those decisions with State and local Mrs. CLINTON. Mr. President, I ask derlying legislation. governments. If we start telling a fire unanimous consent that the pending I should mention at the outset, and I department they have to buy equip- amendment be laid aside. don’t want to confuse our colleagues, ment with this amount of money, that The PRESIDING OFFICER. Without that there are two separate proposals. they have to train people with this objection, it is so ordered. One is the FIRE Act grant initiative, other amount of money, they have to AMENDMENT NO. 3631 which the committee has been very equip trucks and vehicles with this Mrs. CLINTON. Mr. President, I send supportive of, and I appreciate that. amount, this amount is for that or the an amendment to the desk. The bill has funding for $700 million for other, we are making a big mistake. The PRESIDING OFFICER. The the FIRE Act grant program, which We are not the managers of these de- clerk will report. provides assistance for training and partments. We are not in the position The bill clerk read as follows: to make the best decisions about how equipment. This amendment, however, The Senator from New York [Mrs. CLIN- to efficiently use funds from Wash- is about personnel, which is a different TON] proposes an amendment numbered 3631. ington that will help our communities issue. Our argument is that you can get Mrs. CLINTON. Mr. President, I ask be safer and improve the quality of a grant for new equipment, but it is unanimous consent that reading of the service provided by firefighters, law en- meaningless if you don’t have the per- amendment be dispensed with. forcement personnel, emergency man- sonnel to do the job. That is why the The PRESIDING OFFICER. Without agement workers, or the rest. That is SAFER bill is a top priority for the fire objection, it is so ordered. why the grant programs are broad and organizations. The amendment is as follows: general. The States develop the plans Second, when it comes to the Title for using the funds available to them (Purpose: To require the Secretary of Home- IV offsets, you still leave the adminis- land Security to allocate formula-based from the Department of Homeland Se- trative and management dollars at a grants to State and local governments curity in many of these areas. It is the level higher than what is in the House- based on an assessment of threats and States and localities we ought to de- passed bill. vulnerabilities and other factors that the pend on to make the best decisions. So it is not bare-bones budgeting at Secretary considers appropriate, in accord- If we did what the Senator from Con- ance with the recommendation of the 9/11 all in this area. In those three cat- necticut is suggesting we do, we would Commission) egories, we are leaving more money get into the business of making these On page 19, line 21, insert ‘‘, which shall be than was in last year’s budget, and at departments allocate funds for one cat- allocated based on factors such as threat, least as much as in the House-passed egory or one specific activity or the vulnerability, population, population den- bill in either case. other, and that is a big mistake. sity, the presence of critical infrastructure, We did it very carefully with the full Adopting this amendment flies right in and other factors that the Secretary con- siders appropriate,’’ after ‘‘grants’’. knowledge that you don’t want to be the face of the administrative policies robbing Peter to pay Paul, as the ex- that this Department is trying to de- Mrs. CLINTON. Mr. President, I pression goes, or cut into other critical velop and implement, and it is working again appreciate the courtesy of our areas. So by reducing across the board to make our communities safer be- chairman and colleague, the Senator in these management areas, bringing cause we are leaving the decisions to from Mississippi. I also applaud him for them down to levels that still are those who are in the best position to taking on a heavy responsibility with above what they were previously, we know what is needed in their commu- respect to Homeland Security appro- think we have come up with a very bal- nities. priations. I am going to be offering two anced approach that deals with a very Do the firefighters need training in a amendments that I believe are nec- serious problem, and that is the 20-per- certain area or another? I don’t know essary. cent decline in the number of personnel the answer to that, if it applies to a This first amendment is intended to that is affecting paid and volunteer de- fire department in my State. But the do what every expert who has looked at partments across the country. It is a chief may know. He ought to know. He homeland security has recommended glaring problem that even the U.S. Fire is in a better position to make the rec- and advised us to do. Administration, aside from what fire- ommendations to the State officials as Most recently, the 9/11 Commission fighters and fire chiefs are saying, be- to what their needs are. reached the very same conclusion; that lieves is absolutely critical. These people are applying for these is, the Secretary of the Department of Again, I thank my colleague from funds. They are having to set out how Homeland Security should allocate for- Mississippi for allowing me to bring up they propose to use them. At other lev- mula-based State and local homeland the amendment by having a unanimous els of administration, the decision is security grants on the basis of threats consent to set aside pending amend- made to assign priorities and which and vulnerabilities and other factors ments. If need be, Senator SPECTER ones have a higher priority than an- that the Secretary deems appropriate. may also want to share some com- other. There are two major categories of ments before we finally vote on the That ought not to be made on the grant money going from Washington matter. Would that be permissible? floor of the U.S. Senate. It is a mistake out to the States and localities with I understand that at a later time an- to get into the details as suggested by respect to homeland security. One is other Senator wants to talk on this be- this amendment and take money away called the State Homeland Security fore we actually vote. Would that be from activities that are ongoing, that Grant Program. The other is the Law permissible? are planned for this year, and then cut Enforcement Terrorism Prevention Mr. COCHRAN. Mr. President, if the the funding for it. That is just going to Grant Program. Senator will yield, I think we have an make it more and more difficult to As the Commission stated: opportunity for Senators to discuss have a coherent, balanced approach to We understand the contention that every these amendments out of order, if they homeland security. State and city needs to have some minimum S9172 CONGRESSIONAL RECORD — SENATE September 14, 2004 infrastructure for emergency response. But This should be a debate about what is In closing, with respect to this Federal homeland security assistance should in the best interests of our entire coun- amendment, it is simply long past time not remain a program for general revenue try, every region, and particularly on that we conclude that we must do sharing. It should supplement State and the basis of those threats and local resources based on the risks or vulner- something on a threat basis, and in ability that merit additional support. Con- vulnerabilities that place certain parts order to do that, we need to give direc- gress should not use this money as a pork of our country at greater risk than oth- tion to the Secretary. He and I have barrel. ers. had many conversations about this. He The Commission, as we know, made a I am concerned because in the Senate has expressed to me on many occasions number of recommendations, some of report accompanying the bill that is his desire to provide threat-based fund- which are being considered in other now before the Senate, there is lan- ing, but his belief is that his hands are bills. We will have reports from some guage that says Secretary Ridge must tied, because we continue to send the of the committees working on intel- allocate funds beyond the all-State so- message to him and to the entire coun- called PATRIOT minimum on a per ligence reform and the like. But this is try we are going to distribute this capita basis. In other words, we are not a recommendation that we can and money on a per capita basis. even leaving it to chance. We are not should act on now while we are debat- I ask that the pending amendment be even leaving it to the discretion of the ing and considering Homeland Security laid aside. Secretary. In the report language of funding. The PRESIDING OFFICER. Without Specifically, my amendment does not this bill, we are directing, or certainly objection, it is so ordered. strongly urging, the Secretary to allo- affect the State minimum in the bill. I AMENDMENT NO. 3632 would underscore that, because I know cate that funding on a per capita basis. Mrs. CLINTON. I send this amend- there are legitimate concerns on the That is literally the antithesis of the ment to the desk and ask for its imme- part of my colleagues which I share. September 11 report, the Rudman task diate consideration. I represent a very diverse State. We force. It is also the antithesis of what The PRESIDING OFFICER. The have a lot of rural areas. We have a lot we have heard time and time again clerk will report. of open space up in particularly the from Secretary Ridge and even from The legislative clerk read as follows: northern part of the State and the President Bush and homeland security The Senator from New York [Mrs. CLIN- western part of the State. I know very experts. TON], for herself and Mr. SCHUMER, proposes well that every State has legitimate The Rudman task force unequivo- an amendment numbered 3632. cally made clear that for the sake of needs. My bill does not affect the State Mrs. CLINTON. Mr. President, I ask homeland defense we must employ a minimum. It states that the grant unanimous consent that reading of the better formula. Certainly, they reached funds above the State minimum should amendment be dispensed with. the same conclusion as the 9/11 Com- be allocated based on factors such as The PRESIDING OFFICER. Without mission. I am a little concerned we threat, vulnerability, population, popu- objection, it is so ordered. have report language in our Senate bill lation density, the presence of critical The amendment is as follows: that goes so contrary to what everyone infrastructure, and other factors that (Purpose: To appropriate an additional has said needs to be done. $625,000,000 for discretionary grants for the Secretary considers appropriate. We have talked many times about In crafting this amendment, only the high-threat, high-density urban areas) the need for a better formula, and we factors mentioned by the 9/11 Commis- On page 39, between lines 5 and 6, insert should continue to talk about it until sion were included, no more and no the following: we actually do something. But it is dis- SEC. 515. (a) It is the sense of the Senate less. couraging to talk and not act and, in that in allocating Urban Area Security Ini- As my colleagues know, the 9/11 Com- fact, to continue to go in a different di- tiative funds to high-threat, high-density mission recommended that an advisory rection. urban areas, the Secretary of Homeland Se- committee be established to advise the It is important when we make the de- curity should ensure that urban areas that Secretary on any additional factors cisions about this that we recognize—I face the greatest threat receive Urban Area that the Secretary of Homeland Secu- Security Initiative resources commensurate am not just talking about New York or with that threat. rity should consider, such as bench- Washington, although they were spe- marks for evaluating community (b) The amount appropriated to the Office cifically mentioned in the 9/11 Commis- of State and Local Government Coordination homeland security needs. As the Com- sion—there are other parts of our coun- and Preparedness for the fiscal year ending mission stated in its report, ‘‘the try that have critical infrastructure. September 30, 2005, for discretionary grants benchmarks will be imperfect and sub- For example, in southern Louisiana, we for use in high-threat, high-density urban jective, and they will continually have a major port. We have offshore pe- areas under title III of this Act is increased by $625,000,000. evolve. But hard choices must be made. troleum platforms. We have part of the Those who would allocate money on a Strategic Petroleum Reserve, river Mrs. CLINTON. In addition to my different basis should then defend their road crossing, facilities pumping nat- first amendment, which would provide view of the national interest. ural gas. the Secretary with the discretion to Not only did the 9/11 Commission rec- Considering that complex critical in- distribute money above the State min- ommend that such changes be made in frastructure, I imagine the Secretary imum, above the so-called PATRIOT how Federal homeland security funds of Homeland Security might very well Act minimum on the basis of threat, are allocated, but so did the other com- determine the State of Louisiana Senator SCHUMER and I offer this missions that we quote in the Senate should get some extra threat-based amendment to provide an additional all the time, commissions such as the funding in order to deal with what is a $625 million for high-threat urban Homeland Security Independent Task very real danger. areas. This is a separate category of Force of the Council on Foreign Rela- We have communities such as Lan- funding in homeland security in addi- tions, chaired by former Senator War- caster County, PA. We think of that as tion to the other two I mentioned. ren Rudman. In fact, every homeland the home of the Amish and beautiful In this category, we know that the security expert I have talked to has rolling countryside, but it also has two Secretary does have discretion, but said that the way the administration nuclear powerplants within the borders what we have found is that over the has chosen to allocate funding beyond of that county. There are only five last several years the discretion that the PATRIOT Act minimum—in other counties in the entire country that are he has felt obligated to exercise has words, the State minimum that every- in that position. Again, I argue that meant less money going to more places body will get—to allocate the addi- should be taken into account. as opposed to concentrating money on tional funding beyond the minimum, None of this could be taken into ac- a threat analysis so we could really on a per capita basis, simply makes no count, however, if we follow the House take care of the needs of particular sense other than—I grant this—polit- bill or we follow the report language of areas and then move on down to take ical sense. In this area of homeland se- the Senate bill and see where the Sec- care of the needs of others. curity, we must, as the 9/11 Commis- retary is being directed to continue to Last week, when Secretary Ridge sion urged us to do, leave our politics distribute this money on a per capita spoke at the National Press Club, he at the door. basis. said: September 14, 2004 CONGRESSIONAL RECORD — SENATE S9173 I would tell you that we assess the level of that. I am always very happy when urban areas. If we put in the $625 mil- terrorist threat outside of Washington and people come to New York City. lion Senator SCHUMER and I are recom- New York, which will always be at the top of But the very bottom line is, we are mending in this amendment, we would the list. I mean, that’s just a fact of life. . . . not getting adequate funding to be as I’m not telling you anything [new]. It’s not bring the total appropriated amount to news. prepared as we need to be. And other $1.5 billion. This is the amount I have New York City, for obvious reasons—the high-threat areas are also in the same been arguing for and fighting for in leg- impact on the economy and al-Qaida has al- position. I hope we are able to recog- islation I introduced back in January ways talked about the disruption or the un- nize these two amendments are real, of this year. It is also in line with dermining of our national economy. It’s not commonsense amendments. They are President Bush, according to his pro- just the iconic nature of New York City. A aimed at making sure the money gets posed fiscal year 2005 budget. In that lot of the stock exchanges, the financial where it is most needed and at increas- services community drives not only our na- budget, he called for $1,446,000,000 spe- tional economy but the international econ- ing the money that is specifically ad- cifically for high-threat urban areas. omy. dressing high-threat urban areas. Be- So again, everybody seems to be in And Washington, D.C., the nation’s capital, cause, unfortunately, we are playing a sync except our Congress. I do not un- will always be targets. little bit of a shell game here. We are derstand that. I find it bewildering The 9/11 Commission and all the com- cutting money for first responders, that we have the administration pro- missions before it, President Bush, and which is why I strongly support the posing this amount of money, we have Secretary Ridge have all acknowledged amendment from my colleague, the every expert proposing this amount of the acute homeland security needs of Senator from Connecticut. money, but when it comes to action on high-threat urban areas, especially We are expecting those firefighters the floor of the Senate and the House, New York and Washington. and police officers and emergency re- somehow we do not do it. I hope my I was delighted the recent Republican sponders and emergency room doctors colleagues will support both of my convention in New York went so well. and nurses and others to be ready when amendments. I hope they will go along Everyone seemed to have a great time we need them. Hopefully, we will not with the 9/11 Commission report which in the greatest city in the world. The need them, but they better be ready if has won broad bipartisan support. It is, amount of work, the extraordinary ex- we do need them. Yet we are cutting apparently, the fastest selling paper- pense of making it run so smoothly, money for first responders. The omni- back in the country. A lot of Ameri- was defrayed to some extent by Federal bus Byrd amendment that we failed to cans are reading it, digesting it. It is assistance, but to a large measure it pass in the Senate last week tried to not only a debate among experts and reflected the ongoing investment that address that. It is unfortunate we are policy wonks and security gurus. the people of the city of New York and taking money away with one hand There is now a debate that is hap- the State of New York made in ensur- while we are giving it back with the pening out in America. And it is a life- ing that we are always on high alert other. But what we are giving back or-death debate. It goes to the heart of because, in fact, in New York City we does not make up for either what was whether we are serious about homeland are always on high alert. lost or what is needed. security, whether we are going to put Yet despite that, last year, the De- I hope we can address the continuing our dollars where our words have been, partment of Homeland Security allo- emergency needs when it comes to our whether we are going to get the results cated only $47 million to the New York first responders. There is nothing more we need so we can feel confident we City area under the high-threat pro- important—I am told this all the have done everything we know to do. gram. They admit that was insuffi- time—than funding specifically for So I ask my colleagues for support of cient. Everyone who looked at it knows interoperable communications sys- the two amendments I have offered it is insufficient. tems. Unfortunately, there is no money today and, in keeping with the rec- Our mayor has come forth with a in this bill to help our first responders ommendations of the 9/11 Commission, very scrubbed list of immediate needs do that. This is something we have to do so in a broad bipartisan way that that is in the area of about $600 million talked about now for 3 years. Our po- sends a signal to not only our Nation just for New York City. That is why I lice and firefighters could not talk to but to any who wish us ill anywhere in am offering this amendment along with each other in New York. This is a prob- the world that we are vigilant, we are my colleague. I recognize Secretary lem that happens all over the country. prepared, we are doing all we humanly Ridge has the authority to allocate Yet we do not seem to address it. know to do to prevent and deter at- high-threat resources in the way he Again, the 9/11 Commission came for- tacks and respond effectively should deems appropriate. But, unfortunately, ward with a good recommendation: one occur. there is not enough money in the pot [H]igh-risk urban areas such as New York Mr. President, I yield the floor. for him to do the job he knows needs to City and Washington, D.C., should establish The PRESIDING OFFICER. The Sen- be done. So my amendment expresses single corps units to ensure communications ator from Mississippi. the sense of the Senate that in allo- connectivity between and among civilian au- AMENDMENT NO. 3631 cating resources under the Urban Area thorities, local first responders, and the Na- Mr. COCHRAN. Mr. President, I am Security Initiative, the Secretary tional Guard. Federal funding of such units sure Senators are aware that the Gov- should allocate commensurate with the should be given high priority by Congress. ernmental Affairs Committee of the threat these areas face. I hope we will do that before we fin- Senate has jurisdiction over the legis- Now, $47 million, which was the allo- ish this bill. I hope we can recognize lative authority, the law, creating the cation last year to New York City, is a that in most parts of our country that Department of Homeland Security. In lot of money. But it pales in compari- face these risks—whether it is a tourist that, legislation grant programs are son to the $200 million the New York attraction such as Las Vegas or a large described, allocation formulas are con- City Police Department alone spends melting-pot city as Los Angeles or, of tained, that give guidance to the dis- on counterterrorism activities and the course, other cities of similar size and tribution of Federal funds to States $1 billion in New York City’s specific population density—having interoper- and localities for various programs. homeland security needs. able communications among and be- The Senator from New York is sug- My guess is many of our guests at the tween first responders is essential to gesting, by her first amendment, that Republican Convention enjoyed the being able to deal with both threat and the appropriations bill that is before city in part because the police presence reality. the Senate should be amended to was so pervasive and the reputation of We are on the lookout for potential change the way the grants are being our firefighters so well deserved for terrorist activities and we need to be given to States and localities. The Sen- courage and bravery that it was not a able to hope that all of our various law ate Governmental Affairs Committee matter you needed to think much enforcement and firefighting respond- has already addressed this issue. Hear- about. You could get out and enjoy the ers and others are preventers as well as ings have been held. A review and con- city and go back and forth to hotels responders and are well equipped to do sideration of various changes in the al- and go out for meals and maybe even that. We can do the right thing by in- location process have all been re- go to the theater. I was thrilled by creasing the amount in the high-threat viewed. And the committee has acted. S9174 CONGRESSIONAL RECORD — SENATE September 14, 2004 They have reported out of the Senate nities in California. Since the incep- the cities eligible for this funding has the Governmental Affairs Committee S. tion of the Urban Area Security Initia- impact of diluting the resources that have 1245. That is a Senate bill called the tive, more than $247 million has been been made available, shortchanging those Homeland Security Grant Enhance- made available to the State of Cali- communities with the most serious quantifi- able threat. The Committee believes the De- ment Act. The act, as reported by the fornia. So the needs of our urban areas partment achieved a more optimal use of the committee, will modify the formula for and the States with high population funds in fiscal year 2003. Further, the Com- distributing domestic preparedness centers are already being addressed. mittee believes the Department’s practice grants. But so, too, are those in other States of over the past two fiscal years, to allocate the If the Senate wants to take action as our great Nation. full amount appropriated for the program at suggested by the Senator from New We should not come in on this bill one time near the beginning of the year, York, it can adopt that bill or amend it today with this amendment and change leaves the Department with little ability to as may be suggested by the Senator the formula for the basic State grant respond to new or updated intelligence or re- from New York. That is the appro- cent terrorist threats. Consequently, the program. That debate should occur Committee recommends that at least 10 per- priate vehicle for revising first re- when the Senate considers the Govern- cent of the funds appropriated for the pro- sponder grant funding, not this appro- mental Affairs Committee bill, S. 1245, gram be reserved to meet any needs over the priations bill. We are bound by the law. which is now on the calendar of the course of the fiscal year warranted by more We are funding the programs author- Senate. current threat information and intelligence. ized by the law. We are giving funds ac- I urge my colleagues to oppose the Any reserve funds remaining at the begin- cording to the priorities of that law. first amendment of the Senator from ning of the last quarter of the fiscal year Every time we have an annual appro- New York. shall be released to fiscal year 2005 grant re- priations bill, we cannot change the The second amendment the Senator cipients as determined by the Secretary. way those formulas are written. That has offered deals with Urban Area Se- It is my hope that the Senate will re- would be bad policy, bad practice, and curity Initiative funding and suggests ject both of the amendments offered by it should not be followed in this in- to the Senate that the amount avail- the Senator from New York. stance on this issue. able in the bill should be increased. In The PRESIDING OFFICER. The sen- Every State in the Nation is entitled this bill, as in last year’s appropria- ior Senator from New York. to a base level of Federal support for tion, we have continued to provide AMENDMENT NO. 3632 homeland security needs. A State’s size funds specifically for the largest met- Mr. SCHUMER. Mr. President, I rise or population does not necessarily re- ropolitan areas that face the most risk. in support of this amendment intro- flect the level of danger to a State’s The Urban Area Security Initiative duced by my colleague and friend, Sen- population or to a city’s population. grant fund is distributed at the discre- ator CLINTON, and me. It doesn’t take Each State has the responsibility to tion of the Secretary of Homeland Se- money away from anybody else. It sim- make decisions that are designed to curity. I have mentioned that. It is ply increases the amount of money to protect the property and the lives of its based on current threat information the high-needs areas. There are lots of citizens, and they must allocate State and other factors. With the resources ways to skin this cat. It is clear that resources—and local resources may be available, the bill makes the best use the areas most under threat, cities allocated as well—to train, equip, and of these limited resources. such as New York City, the No. 1 tar- maintain qualified first responders for Let me make that point again. These get, as we know, of the terrorists, need those purposes. are limited resources. This committee far more help than we get. I think I believe the committee has done a has been allocated a certain amount of there has been a general outcry by the very good job of analyzing and recog- money, around $32 billion, to provide 9/11 Commission and many others that nizing the needs of our larger and most funding for this next fiscal year for ac- it is so unfair to give, say, the State of threatened cities. In the fiscal year tivities under the jurisdiction of the Wyoming more on a per-capita basis 2003 appropriations and the wartime Department of Homeland Security and than New York City gets in terms of supplemental, $850 million was set other agencies that are funded in this terror. I don’t doubt the need Wyoming aside for high-threat urban discre- bill. With those limitations, choices has for dollars. But if Wyoming has the tionary grants. In fiscal year 2004, in have to be made. It would be good to be need for dollars, certainly New York the appropriations bill, a further $725 able to increase funding for all of the has a greater need for dollars. million was set aside for these high- programs in this bill. They are all What we have done with this amend- threat urban areas. The bill now before worthwhile programs or they would ment, which is one way to do it, is to the Senate contains $875 million dedi- not be in the bill. They are all impor- simply increase the high-needs area. It cated to high-threat urban discre- tant activities. But at some point the does not touch the general formula tionary grants. Taken together, this is committee has to make a decision. It but, rather, goes to high needs. over $2.4 billion just for the urban has to say: This is the amount that is Let me share a little history about areas of our country. This is on top of allocated for this next fiscal year for this high-needs area. As you may the basic grant each State receives. this particular account or program. know, when we first were setting up The Department of Homeland Secu- This bill includes $875 million for the this formula, I spent a lot of time nego- rity has developed a model using clas- Urban Area Security Initiative. Since tiating with the White House as to how sified information to allocate resources fiscal year 2003, including the amount we would allocate money. Then the to major urban areas based on a com- provided here, over $2.4 billion will point person for the White House was bination of current threat estimates, have been made available for the Urban the Secretary of OMB, Mitch Daniels. critical assets within the urban area, Area Security Initiative. The Senator’s We came to the conclusion that obvi- as well as population density. The for- amendment would add an additional ously every State needed some money. mula uses a combination of these fac- $625 million, almost doubling the And knowing how the House and Sen- tors to produce proportional resource Urban Area Security Initiative, to this ate work, we weren’t going to get a for- allocations. Of the high-threat urban grant program. mula which would send money to the 5 grant funding for fiscal year 2004, over Because of the reasons I have cited, or 10 largest cities or the 5 or 10 largest $79 million has gone to communities in at the appropriate time, I will suggest focal points. So we negotiated the for- New York State. Since the inception of that a point of order should lie against mula in two parts. the Urban Area Security Initiative, this amendment. The first was the general formula, over $316 million has been made avail- Next let me read another provision of and there was a specific need for every able to cities in New York. These funds the committee report which I think State and taking care of those States. are in addition to the dollars that were will explain why it is important for us Now, the remainder of that formula, received by the State of New York to reject this amendment: which we are not discussing now, was through the basic State grants. The Committee is concerned with the ad- supposed to be allocated by discretion In fiscal year 2004, more than $141 ministration of the funds available to assist by the administration. They basically million in discretionary high-threat the communities most in danger in the punted the ball and did that on a per funding has been allocated to commu- United States. The continued expansion of capita basis. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9175 I ask unanimous consent that I be very simple: We are not getting what Let me go over the numbers. Last given an additional 5 minutes. we need. year, New York’s share of high-needs The PRESIDING OFFICER. Is there Let me talk about some of the needs areas dropped to 9 percent. We didn’t objection? in New York City. I live in Brooklyn, a receive 9 percent of the attacks. Thus Mr. COCHRAN. I will not object. I proud Brooklynite. We have the Brook- far—and I hope there are no more any- have a unanimous consent request to lyn Bridge, which crosses from Brook- where in America—we received 100 per- make. lyn to Manhattan. Every time I cross cent of the two terrorist attacks that Mr. SCHUMER. I yield to the Sen- that bridge—usually by car and once in have occurred. ator for that purpose. a while on a bicycle—there are two po- Our city, as I say, is struggling. We Mr. COCHRAN. Mr. President, I ask lice officers at each end of the bridge. have needs like everybody else. We unanimous consent that at 2:20 today, That bridge is guarded 24 hours a day, have a great police department, a great the Senate proceed to a vote in rela- 7 days a week, as it must be. We picked fire department, a great EMT depart- tion to the Mikulski amendment No. up somebody in Ohio a few years ago ment, and great hospitals. But they 3624, with no amendments in order to who was intent on trying to destroy cannot do it alone. So it is my hope the amendment prior to the vote; pro- that bridge. Well, that is 20 police offi- that our colleagues will rise to the oc- vided further that there be 2 minutes cers, because it is five shifts of four casion. equally divided for debate prior to the people. Multiply that by the number of This money, as I say, will not just vote. bridges and tunnels comparable to the benefit New York but other cities of The PRESIDING OFFICER. Without Brooklyn Bridge in New York and that high needs throughout the country. objection, it is so ordered. shows you the magnitude of what we Let’s stop underfunding this very need- Mr. REID. Mr. President, Senator are doing. ed program. Let’s stop saying let the SCHUMER has asked for 5 minutes and I It is the same thing with our fire- other guy do it. In a time of terrorism, have no objection to that. The other fighters and our emergency responders we need leadership. This amendment Senator from New York may wish addi- and our hospitals. All of them have had represents leadership, and I hope we tional time. to do so much more because our city is can get the sufficient number of our Mr. SCHUMER. Mr. President, I ask at the epicenter more, quite frankly, colleagues on both sides of the aisle to unanimous consent for 10 minutes. than a hospital, police department, or support it. Mr. COCHRAN. Mr. President, I have a firefighting department in a middle- I yield the floor. no objection. sized city in the middle of America, The PRESIDING OFFICER. The Sen- Mr. REID. The Senator from New which doesn’t have to do quite what we ator from New York is recognized. York wishes 5 minutes. do. My guess is that bridges in Omaha, Mrs. CLINTON. Mr. President, I rise The PRESIDING OFFICER. Without or Wichita, or Albuquerque are not to respond to some of the points made objection, it is so ordered. guarded by two police officers at either by the chairman of the subcommittee. Mr. SCHUMER. Mr. President, we end for 24 hours a day, 7 days a week; I start by saying that as I understand had the high-needs formula, which nor should they be. But they have to be the underlying legislation from the really didn’t do justice to the areas in New York. House, there is no language, either leg- that had the highest needs. We came up We will do everything we can to pre- islative or report, that addresses how with this high-needs formula. vent another 9/11. Yet as we have gone the Secretary of the Department of Frankly, the first year it worked further along, the amount of money Homeland Security should distribute quite well and quite fairly. The bottom New York City has been given has de- the funding above the small State min- line is that, of the high-needs alloca- creased. I know there are other cities imum. The language that my amendment is tion the first year, which I believe was that have needs. I worked hard to see addressing specifically appears in the $700 million, New York City, the city that Buffalo was included in this for- report to the Senate bill. So I want ev- that has been the focus of both ter- mula, with $10 million. A few other cit- eryone to understand that I agree rorist attacks, received $225 million. ies in upstate New York have problems. So there are only two ways to go every State should receive a minimum While still on a per capita basis, we about solving this problem. One is to level of funding. I think that is not were not getting what we thought was rob Peter to pay Paul, to reallocate the only politically necessary, it is appro- a fair share, it certainly came a lot funds that are there. That is not this priate and fair. closer. amendment. We don’t touch that. The Based on the calculation of that But what has happened is two things. other is to increase the high-needs funding, about 38 percent of all of the First, on the high-needs formula, other funding, so the cities that are under homeland security funding in the two localities came in and asked for the greatest threat and the greatest biggest grant categories for the State money. They said they are a high-needs danger can at least be reimbursed in homeland security grants and the ter- area. The number of cities last year greater part. Certainly, we won’t be rorism prevention grants will go across that were under the high-needs rubric made whole for the homeland security the board on a per capita basis to all expanded. The first year it was a hand- efforts that we must undertake. the States. So everybody will get a per ful, the next year it was 30, and last We heard a few months ago, when we capita basis that they can then use to year it was 50. So now lots of localities picked up the new intelligence, what meet their homeland security needs. are competing for this high-needs the areas were they were focusing on: Now, the remaining 62 percent of the money. That is fine. I am not one to Washington, DC, and the New York money is what my formula amendment begrudge that. I think we are not doing City metropolitan area; five buildings, is addressing. At the very least, the enough on homeland security, and this two in DC, two in Manhattan, and one Senate should not be, in report lan- is one place we should be spending in northern New Jersey. Again, we can guage, recommending that the Depart- more dollars. bring home the need to focus that ment of Homeland Security also dis- We are not trying to take away should be here. Yet we are not doing it. tribute the funding on a per capita money from the high-needs area. I re- Let me tell you, if you think we basis. That runs absolutely counter to mind my colleagues that the amend- don’t have the money, we are going to the recommendations of the 9/11 Com- ment we are offering will apply to a spend $416 billion on defense this year. mission. The 9/11 Commission said do larger number of cities than first pro- We are only spending $33 billion on away with small State minimums, do posed. But the bottom line is very sim- homeland security in toto. We are away with any kind of per capita fund- ple; that is, once the high-needs fund- spending less than $2 billion on helping ing, begin to distribute this money on ing was spread among many cities, the our first responders, on helping our lo- the basis of risk and threat. Yet we get cities of the greatest need, such as New calities that have worked so hard and a committee recommendation from our York and Washington, did not get the so well to defend us from terrorism. It Senate committee which basically rec- dollars they needed. Over the last 3 would seem to me that any fair alloca- ommends that the funds that are used years, the amount of money that New tion of dollars would be giving New consistent with each State’s homeland York City has received has shrunk and York City more money, giving some of security strategy are to be allocated on shrunk and shrunk. The bottom line is the other cities more money. a per capita basis. S9176 CONGRESSIONAL RECORD — SENATE September 14, 2004 So it is not only that we are failing Mr. COCHRAN. Mr. President, I sug- I ask unanimous consent that letters to change the formula to comply with gest the absence of a quorum. of support from the National Volun- the 9/11 Commission, we are directing The PRESIDING OFFICER. The teers Fire Council and the Congres- the Department of Homeland Security clerk will call the roll. sional Fire Services Institute be print- not to comply with the 9/11 Commis- The assistant legislative clerk pro- ed in the RECORD. sion. ceeded to call the roll. There being no objection, the mate- I am not saying take the money Mr. COCHRAN. Mr. President, I ask rial was ordered to be printed in the away from all the States and direct it unanimous consent that the order for RECORD, as follows: where it is most needed. I am not going the quorum call be rescinded. NATIONAL VOLUNTEER FIRE COUNCIL, the full place that the 9/11 Commission The PRESIDING OFFICER. Without Washington, DC, September 8, 2004. has set out for us. I am recognizing the objection, it is so ordered. Hon. BARBARA A. MIKULSKI, political reality and the fairness of al- f Hart Senate Office Building, Washington, DC DEAR SENATOR MIKULSKI: The National locating money to every State. At the DEPARTMENT OF HOMELAND SE- very least, let us not direct the Depart- Volunteer Fire Council (NVFC) is a non-prof- CURITY APPROPRIATIONS ACT, it membership association representing the ment of Homeland Security to dis- 2005—Continued interests of the more than 800,000 members of tribute the money above the small America’s volunteer fire, EMS, and rescue State minimum on a per capita basis. AMENDMENT NO. 3624 services. On behalf of our membership, I am So I hope we could remove that lan- The PRESIDING OFFICER. There is writing to lend our full support for your guage, and my formula amendment 2 minutes evenly divided before pro- amendment to the FY 2005 Homeland Secu- would do that. ceeding to the vote on the amendment. rity Appropriations Bill to fully fund the As- Secondly, we cannot wait for the The Senator from Mississippi. sistance to Firefighters Grant program at Governmental Affairs Committee to Mr. COCHRAN. Mr. President, at the the $900 million level. As you know, the Assistance to Fire- come forward with their authorization. appropriate time it will be my inten- tion to make the point of order against fighters Grant program provides critical I stood on this floor months ago and funding to our nation’s 1.1 million fire- said we needed to change the risk and the amendment, in that it violates the fighters, 75% of which are volunteers. The threat analysis in order to distribute Budget Act because it provides for the purpose of the program is to bring every fire the money more effectively. The very appropriation of additional funds above department up to a base-line level of readi- effective chairwoman of that com- the allocation of the amount available ness—and keep them there. The program has mittee came down to the floor and to this subcommittee and there is no proven to be the most effective program to said: We are working on a change of offset provided in the amendment. So date in directly providing local volunteer and career fire departments not only with formula. Work with us. Let us get the for the information of Senators, that is the intention of the managers of the the tools they need to perform their day-to- authorization changed. day duties, but it has also enhanced their We have been waiting for that bill bill. ability to respond to large disasters as well. ever since. There is no authorization. Under the previous order, as I under- As we move to prepare for terrorist incidents The only opportunity we have to begin stand it, a vote is scheduled to occur at at home, we must first ensure that local fire to try to focus our efforts on homeland 2:20. Is that the order? departments have the basic tools they need security to address the kind of threats The PRESIDING OFFICER. The Sen- to do their jobs on a daily basis. that we face is in this appropriations. ator is correct. The program benefits our entire nation by providing local fire departments with much- In fact, the door has been opened be- Mr. COCHRAN. I thank the Chair and yield the floor. needed training and equipment to respond to cause in this appropriations bill com- 21 million calls annually. These calls include ing from the House, they talk about a Ms. MIKULSKI. Mr. President, what structural fire suppression, emergency med- PATRIOT Act minimum, and then the is the pending business before the Sen- ical response, hazardous materials incidents, Senate committee goes one step for- ate? Is it my amendment increasing technical rescues, wildland fire protection, ward and says above that minimum do firefighters funds? natural disasters and events of terrorism. not direct it any other way except per The PRESIDING OFFICER. Pending Once again, we strongly support your capita. before the Senate is the Senator’s amendment to the FY 2005 Homeland Secu- So I understand very well that every- amendment. rity Appropriations Bill and we thank you for your continued leadership and support of body has to look out for his or her own Ms. MIKULSKI. As I understand it, I have 1 minute and then there will be a America’s fire service. If you or your staff State, but on this matter we have to have any questions please feel free to con- put the money where the threat is, and subsequent comment by the chairman tact Craig Sharman, NVFC Director of Gov- the threat is in places such as New of the subcommittee; is that correct? ernment Relations. York and Washington. Every com- The PRESIDING OFFICER. That is Sincerely, mittee, every commission that has correct. The Senator from Maryland. PHILIP C. STITTLEBURG, looked at this has come to the same Ms. MIKULSKI. My amendment Chairman. conclusion. which is pending adds $150 million to CONGRESSIONAL FIRE So I look forward to working with the Fire Grant Program, bringing it to SERVICES INSTITUTE, the chairman to make it possible to the authorized level of $900 million. This Fire Grant Program is peer-re- Washington, DC, September 7, 2004. distribute the money on a threat-based Hon. BARBARA MIKULSKI, analysis as opposed to directing the viewed and merit based with no pork in Hart Senate Office Building, Washington, DC. Department to distribute the money it. It provides grants to local fire de- DEAR SENATOR MIKULSKI: On behalf of the above the small State minimum, 62 partments. The President requested Congressional Fire Services Institute’s Na- percent of the money, also on a per $500 million, the chairman added an- tional Advisory Committee comprised of 42 capita basis. other $200 million, then Senator FRIST national fire and emergency organizations, I I yield the floor. added another $50 million on Friday, am writing to thank you for all your efforts, past and present, to preserve the Assistance f but I want to bring it up to the full $900 million. Why? This Fire Grant Pro- to Firefighters Grant Program (AFGP), also RECESS known as the FIRE Act. As you know, the gram is the only program that really FIRE Act has been a critical program in our The PRESIDING OFFICER. Under helps our firefighters have the equip- efforts to prepare America’s firefighters to the previous order, the hour of 12:30 ment they need to protect themselves, effectively respond to all emergencies. It is p.m. having arrived, the Senate will as well as modern equipment. for this reason that I would like to commend now stand in recess until the hour of Last year, the Fire Grant Program you on your efforts to increase the funding 2:15 p.m. received $2.5 billion for its requests— allocation for the AFGP in the FY05 Home- Thereupon, the Senate, at 12:44 p.m., 20,000 worthy applications. I know we land Security Appropriations Act to $900 recessed until 2:15 p.m. and reassem- can’t fund it at $2.5 billion, but we can million, the full amount authorized by Con- gress. bled when called to order by the Pre- fund it at the authorized level. There- The purpose of the FIRE Act is to bring siding Officer (Mr. VOINOVICH). fore, I urge adoption of my amend- every fire department up to a base-line level The PRESIDING OFFICER. The Sen- ment. Let us protect the first respond- of readiness—and keep them there. Too ator from Mississippi. ers so they can protect us. many fire departments in this country lack September 14, 2004 CONGRESSIONAL RECORD — SENATE S9177 even the most basic needs, including proper was distributed reported improvement in the Mr. REID. I announce that the Sen- turn-out gear, communication systems, fitness and health of their firefighters as a ator from Hawaii (Mr. AKAKA), the Sen- training, prevention, and public education result of the program and 86% indicated re- ator from North Carolina (Mr. ED- programs. These facts are contained in the duced injuries. Needs Assessment of the U.S. Fire Service The FIRE Act plays a critical role in ad- WARDS), and the Senator from Massa- published by the United States Fire Admin- dressing the needs of over 30,000 fire depart- chusetts (Mr. KERRY) are necessarily istration in cooperation with the National ments and one million fire and rescue per- absent. Fire Protection Association. It revealed that sonnel. We thank you for your commitment The PRESIDING OFFICER. Are there many departments lack the basic tools and to our nation’s firefighters and this impor- any other Senators in the Chamber de- training they need to respond to over 21 mil- tant program. siring to vote? lion calls, annually—from daily incidents to Sincerely, The yeas and nays resulted—yeas 50, STEVE EDWARDS, major disasters, both deliberate acts and nays 45, as follows: natural events. The all-hazards response en- Chairman, CFSI National Advisory Com- hancement provided by the FIRE Act en- mittee. [Rollcall Vote No. 175 Leg.] sures the most efficient and effective use of Mr. DORGAN. Mr. President, I sup- YEAS—50 federal funding. It not only prepares depart- port the Mikulski amendment because Baucus Dorgan Lincoln ments to respond to acts of terrorism, it en- I think that it includes important Bayh Durbin Mikulski hances the department’s ability to respond funding for firefighter grants. The Biden Feingold Murkowski to all other emergencies that occur thou- amendment includes $200 million for Bingaman Feinstein Murray sands of times each day across our country. Bond Graham (FL) Nelson (FL) The FIRE Act addresses another important firefighter grants—the authorized Boxer Harkin Nelson (NE) mission of every fire department, one that level—so that we can increase the re- Breaux Hollings Pryor often does not command the attention it de- sources available for our first respond- Byrd Inouye Reed Cantwell Jeffords Reid serves because of budgetary constraints: pre- ers. Carper Johnson Rockefeller vention and education. Over 3,000 people die In its current form, this amendment Clinton Kennedy Sarbanes in fires every year and over 20,000 people suf- Collins Kohl does not include any offsetting reduc- Schumer fer injuries. We can reduce these figures with tions to pay for the new investments. If Conrad Landrieu additional funds targeted at prevention and Corzine Lautenberg Specter this amendment is adopted today—and Stabenow education programs. This would allow fire- Daschle Leahy Talent fighters to spend time in their communities I hope that it will be—I intend to work Dayton Levin Wyden teaching children and others about fire pre- with the conferees to offset these in- Dodd Lieberman vention or conducting inspections of both oc- creases by reducing funds that have NAYS—45 cupied and abandoned buildings. been earmarked for Iraqi reconstruc- Alexander Domenici McCain A growing challenge facing the fire service tion. I believe these expenditures Allard Ensign McConnell is urban sprawl. As construction increases in should be offset with these other spend- Allen Enzi Miller wildland/urban interface, fire departments ing cuts. Bennett Fitzgerald Nickles Brownback face new challenges requiring additional re- Iraq is a nation that sits on some of Frist Roberts sources and personnel. During the Southern Burns Graham (SC) Santorum California fires last October, the media re- the largest oil reserves in the world. Chafee Grassley Sessions ported the number of homes destroyed. My view is that Iraq should pay for its Chambliss Gregg Shelby own reconstruction. Cochran Hagel Smith Largely overlooked were the number of lives Coleman Hatch Snowe saved and homes protected because of the he- Last year, this Congress acted in an Cornyn Hutchison Stevens roic actions taken by the fire service. Yet we expedited way to appropriate $18.4 bil- Craig Inhofe Sununu cannot expect the fire service assigned to lion for Iraqi reconstruction. And yet, Crapo Kyl Thomas these areas to meet the public’s expectations 10 months later, most of that money is DeWine Lott Voinovich Dole Lugar Warner to safeguard their lives and property without still unspent. Less than $1 billion has adequate resources. NOT VOTING—5 When reviewing the totality of a fire de- been actually expended and only about partment’s responsibilities, it is important $7 billion has been obligated. Akaka Campbell Kerry to recognize that every function serves a Therefore, I support Senator MIKUL- Bunning Edwards vital role in fulfilling a fire department’s SKI’s amendment. But my intention is The PRESIDING OFFICER. On this mission, protecting lives and property. By to push for the rescission of those un- vote, the yeas are 50, the nays are 45. design, the FIRE Act addresses the entire obligated Iraqi reconstruction funds Three-fifths of the Senators duly cho- spectrum of education, prevention and re- and use them to offset these needed se- sen and sworn not having voted in the sponse. The FIRE Act is not about supplanting curity investments. affirmative, the motion is rejected. local fiduciary responsibilities; it’s about Mr. COCHRAN. Mr. President, the The point of order is sustained, and the supplementing efforts to protect this coun- bill provides adequate funds—generous amendment falls. try’s people, property, and economy. And be- funding—for this program. Mr. COCHRAN. Mr. President, I move cause the fire service provides protection to I make a point of order under section to reconsider the vote by which the so much of our nation’s infrastructure, the 302(f) that the amendment exceeds the point of order was sustained. federal government does indeed have a re- subcommittee’s allocation under sec- Ms. MIKULSKI. I move to lay that sponsibility to support the mission of our tion 302(b) of the Budget Act. motion on the table. first responders. The PRESIDING OFFICER. A point In the three years the FIRE Act has been The motion to lay on the table was in existence, it has become one of the most of order has been raised. agreed to. effective programs administered by the fed- Ms. MIKULSKI. I move to waive the Mr. COCHRAN. Mr. President, we are eral government. In January of 2003, officials point of order. at a point now where we are hopeful we Mr. COCHRAN. Mr. President, I ask from the U.S. Department of Agriculture se- can begin disposing of amendments lected the Fire Grant Program for a study for the yeas and nays on the motion to that have previously been offered and they were conducting as part of a manage- waive. ment training course. Summarizing the pro- The PRESIDING OFFICER. Is there a on which debate has occurred. They grams, they said that the grant program has sufficient second? have been set aside so Senators can been ‘‘highly effective in increasing the safe- There is a sufficient second. offer amendments on other subjects. ty and effectiveness of grant recipients.’’ The question is on agreeing to the We have at this time nine amendments Their study found: that are in that situation: amendments 97% of program participants reported posi- motion. The yeas and nays have been offered by Senators NELSON, CORZINE, tive impact on their ability to handle fire ordered. The clerk will call the roll. and fire-related incidents. The assistant legislative clerk called KENNEDY, DAYTON, DODD, CLINTON, and Of those recipients receiving firefighting the roll. one by CLINTON and SCHUMER. equipment, 99% indicated improvements in Mr. MCCONNELL. I announce that We are hopeful we can reach some the safety of firefighters and 98% indicated the Senator from Kentucky (Mr. understanding about a time to begin improvements in operation capacity. BUNNING) and the Senator from Colo- voting on these amendments. We do 90% of the participants indicated that rado (Mr. CAMPBELL) are necessarily know there are a couple meetings that their department operated more efficiently require Senators’ attendance off the and safely as a result of the training pro- absent. vided by the grant program. I further announce that if present floor at this time, and that might be Over 88% of the participants who were able and voting the Senator from Kentucky the situation until about 3:30. But I am to measure change at the time the survey (Mr. BUNNING) would vote ‘‘no’’. hopeful the leaders on the other side S9178 CONGRESSIONAL RECORD — SENATE September 14, 2004 can consider entering into an under- This is the kind of supplemental, as I propriations submitted by the Presi- standing or an agreement that we will understand it, the President has sub- dent that we just talked about. At that begin voting on these amendments at mitted. We hope to be able to approve time, when we are considering the sup- 3:30. So I say that for the information that and call it up. The Appropriations plemental for disaster assistance, of Senators. Committee is meeting this afternoon. would be the time, in my view, when There is a markup session going on Senator STEVENS, chairman of the we could consider other hurricane dam- by the Senate Appropriations Com- committee, wants to take action on it age that the Senator is discussing now. mittee. That may start at 3 o’clock. as soon as possible. The House has to In my mind that would be a more ap- That is going to require the attendance act on it as well. It may very well be propriate vehicle for the Senators who of a good number of Senators. So for that we will have a vehicle on which to are talking about midwestern agricul- the information of Senators, we are go to conference with the House this tural needs as well. hopeful we can begin a series of votes week. I hope this annual appropriations bill at about 3:30, dispose of the pending I am hopeful we can keep the Presi- for the Department of Homeland Secu- amendments, and then proceed to con- dent’s request clean and approve the rity won’t get held up with a debate sider other amendments that Senators request, get the money to the agencies over disaster assistance because of may wish to offer. that need the funds, and look to these drought or other problems in other Mr. NELSON of Florida. Will the other issues as they mature in time, in parts of the country. It is hard to say Senator yield? the sense that there has been time to yes, let’s have some funds included in Mr. COCHRAN. I am happy to yield assess the damages and we know what the bill for those purposes, and then to my friend from Florida. they are and who is entitled to the ben- say no to those in our part of the coun- Mr. NELSON of Florida. Perhaps the efits and what kind of benefits there try where we do know the needs are distinguished Senator from Mis- are in agriculture. real. They are just as expensive, maybe sissippi—by the way, the third hurri- But there is no doubt in my mind much more so in reality, than the Mid- cane has a track that keeps getting there will be a need for sensitive and western problems. closer and closer to the Mississippi gulf generous assistance for agricultural I am hopeful that we can protect the coast. But as the distinguished Sen- producers which do not have any other integrity of the appropriations process ator, the chairman of the committee, benefits. We do have crop insurance. and the integrity of the Homeland Se- and I have been talking about the There are other things available to curity appropriations bill. Let’s move emergency supplemental appropria- this to completion, go to conference tions for hurricane damage, I have been farmers under current law, and they will be able to receive these and be pro- with the House, and, in an orderly, co- provided with a copy of what will be herent way, fund the needs of the De- the President’s request for the new vided with deserved and well-needed benefits. partment of Homeland Security to pro- supplemental. tect us from terrorist threats, other I note that it does include a lot of the Mr. NELSON of Florida. Mr. Presi- dent, if the distinguished Senator will natural disasters such as the ones that agencies of Government about which are being addressed by the Federal this Senator has spoken that have des- yield for a further question. Mr. COCHRAN. I am happy to yield Emergency Management Agency. Then perate needs as a result of two hurri- in a separate action, let’s consider dis- canes hitting back to back in Florida. to my friend. Mr. NELSON of Florida. Indeed, I un- aster assistance for hurricane victims I noticed there is nothing in here for and drought victims and others in agri- the agricultural losses, including crop derstand what the Senator is referring to. There are section 32 discretionary culture who have otherwise suffered se- losses as well as equipment losses, of rious losses this year. which the Florida commissioner of ag- funds that would be, for example, avail- able for Florida citrus growers. But it Mr. NELSON of Florida. Did this riculture has written to the White Senator misunderstand the distin- House, to OMB, and said those losses comes nowhere close to the estimated amount of losses in these two hurri- guished Senator from Mississippi in are $2 billion. What would the advice of that the President’s request for this canes for the citrus crop and equip- the chairman of the committee to this hurricane relief that has happened on ment which is going to exceed $1⁄2 bil- Florida Senator be of how we want to those two hurricanes was going to be lion, just in itself. That is not even to address that, since the President is not or not going to be attached as an speak of all the other kinds of crops— requesting in his new supplemental any amendment to the Department of vegetables, sod, timber, milk that was money for agricultural losses? Homeland Security appropriations bill? Mr. COCHRAN. Mr. President, I ap- dumped as a result of the dairies, all Mr. COCHRAN. I don’t think that is preciate the inquiry of the Senator kinds of vegetables, tropical fruit, a decision that has been made. from Florida. It is my understanding clams, oysters, poultry. Nurseries, Mr. NELSON of Florida. I see. that the Department of Agriculture Florida’s top cash crop, has suffered $1⁄2 Mr. COCHRAN. My expectation is has existing authority under current billion in losses. that the committee leadership, in con- law to provide assistance for agricul- My question is, there is buzzing out sultation with the leaders of the Sen- tural purposes in areas where people here an amendment that is being put ate, will make that decision at a later have suffered disasters. It provides op- together by midwestern Senators, Re- time. Today they are trying to mark portunities for haying and grazing on publican and Democratic, to take care up individual appropriations bills, and conservation lands. There are a wide of their agricultural problems. Yet in due course they will take up the sup- range of emergency activities that can they do not address the full need of plemental as well. be undertaken under existing law. Florida which has suffered back-to- Mr. NELSON of Florida. Then I When we reach a point at which there back hurricane losses that have af- would say to the distinguished Senator is a determination of exact dollar fected its agriculture. from Mississippi, I was given to believe amounts of damage incurred by citrus What would be the advice of the Sen- that, in fact, was a decision that was growers or others who have been hurt ator from Mississippi to the Florida made, that this hurricane relief was by the storms in Florida, that may be Senators, when others are coming going to be attached to this Homeland a possible reason for an additional sup- forth, and yet Florida’s agricultural Security bill. I got that impression plemental to be submitted whose bene- needs, after two disastrous hurricanes, from the majority leader, Senator fits were not described in the submis- are not being met? FRIST. If that decision has not been sion that was received today. This is Mr. COCHRAN. Mr. President, my ad- made then, fine. considered an emergency for the Fed- vice to all Senators, including my good Mr. COCHRAN. It may have been eral Emergency Management Agency friend from Florida, is to try to work made and I just haven’t heard about it. and others who are on the frontline of with the Appropriations Committee The Senator from Florida may be more recovery, providing shelter, providing leadership. Senator STEVENS is up to date than I am. But I knew it was food, emergency items to protect life, chairing a meeting marking up indi- an option that was being considered debris removal, particularly areas vidual appropriations bills this after- and being discussed. I was not aware where the debris poses a danger to life noon. The committee will be consid- that the decision had definitely been and limb. ering the request for supplemental ap- made to do that. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9179 Mr. NELSON of Florida. Then this Mr. CORZINE. Mr. President, I ask the community I represent. We need to Senator certainly would not have to unanimous consent that the order for change this. encourage the quickening of the inter- the quorum call be rescinded. While we are working today on the ests in all of this hurricane disaster as- The PRESIDING OFFICER. Without Department of Homeland Security ap- sistance relief as this Senator speaks objection, it is so ordered. propriations, there is authorizing legis- with the Senator from Mississippi, be- AMENDMENT NO. 3619, AS MODIFIED lation working through the Environ- cause right now Hurricane Ivan, a cat- Mr. CORZINE. I ask unanimous con- ment and Public Works Committee that would deal with this problem. I egory 5 hurricane, is bearing down on sent that I be allowed to modify want to be a constructive element in the Mississippi coast. It could well be amendment No. 3619 at the desk. The bringing that to a conclusion. We have that we are looking at an additional change is to allow for funding of the a security problem now with our chem- hurricane emergency disaster relief offset of the proposed amendment, re- supplemental that would directly af- ical plants. My modified amendment garding chemical security plants. would provide $70 million to State and fect the State represented by the dis- The PRESIDING OFFICER. Is the tinguished Senator who is the chair- local governments in order to enhance Senator asking that amendment be the security of those chemical plants. man of the committee. made pending at this time? Mr. COCHRAN. Mr. President, the Also, it includes that offset I men- Mr. CORZINE. Yes. tioned, which is changed from the Senator is absolutely correct. It poses The PRESIDING OFFICER. Is there a real danger, not only to the people in original version of the amendment. objection? This amendment only takes a modest that area but also to property. It is Without objection, it is so ordered. first step by appropriating that money clear that the disaster relief fund of Mr. CORZINE. Mr. President, I send to these State and local efforts. Funds the Federal Emergency Management the modified amendment to the desk. could be used, for example, to strength- Agency, which we replenished just a The PRESIDING OFFICER. The en law enforcement’s presence around few days ago to the tune of $2 billion, amendment will be so modified, and it chemical plants. When we go to Code could run out of money again. I know is now pending. Orange, the Department of Homeland the tendencies of this Congress to be The amendment (No. 3619), as modi- Security requests that our local law that where there are needs like that, fied, is as follows: enforcement provide additional secu- we will act to address them. At a time On page 19, line 17, strike ‘‘$2,845,081,000’’ rity for these plants. It is not like they when that relief fund or any other ac- and all that follows through ‘‘grants’’ on are not doing this already. That is count is depleted and hurricane victims page 20, line 11, and insert the following: overtime for additional individuals. need the attention of these agencies ‘‘$2,915,081,000, which shall be allocated as Also, this money would go to train and and the benefits to which they are enti- follows: prepare officials to respond to a ter- tled, we will act. I believe we will act ‘‘(1) $970,000,000 for formula-based grants rorist attack. The release of a chemical and $400,000,000 for law enforcement ter- promptly and with dispatch and with toxic cloud is not like fighting a fire; it generosity to the fullest extent allowed rorism prevention grants pursuant to section 1014 of the USA PATRIOT Act (42 U.S.C. takes different kinds of actions. This under the law. 3714): Provided, That the application for amendment would provide some of that Mr. NELSON of Florida. Mr. Presi- grants shall be made available to States support. It would also provide guidance dent, is FEMA appropriated under the within 45 days after the date of enactment of and assistance to plant managers. It Appropriations subcommittee the Sen- this Act; that States shall submit applica- would have the proper interface with ator chairs? tions within 45 days after the grant an- State and local officials on how to re- Mr. COCHRAN. It is one of the agen- nouncement; and that the Office of State and spond and maybe even prevent attacks cies under the Department of Home- Local Government Coordination and Pre- on chemical security plants. land Security, and it is covered in this paredness shall act within 15 days after re- As I said, the funds will be offset by ceipt of an application: Provided further, annual appropriations bill. eliminating funds for a new Depart- Mr. NELSON of Florida. Then this That each State shall obligate not less than 80 percent of the total amount of the grant ment of Homeland Security perform- Senator simply makes a recommenda- to local governments within 60 days after the ance pay system, and we will provide tion that we should never be in an grant award; and the resources that I think—at least emergency posture like we were last ‘‘(2) $1,270,000,000 for discretionary grants looking at a tradeoff of how I see it in week, where FEMA is not carrying the for use in high-threat, high-density urban New Jersey, and I think it is the case adequate reserves. On Thursday, they areas, as determined by the Secretary of across the country, since 123 plants ex- ran out of money and were, in fact, not Homeland Security: Provided, That the pose more than a million people, it is a amount under title I for the Human Re- spending the money that was des- good tradeoff. It may be an important perately needed in the previous 5 days sources Account of the Office of the Under Secretary for Management shall be reduced issue to get on with pay systems, but I for hurricane relief. This Senator is by $70,000,000: Provided further, That don’t understand how we trade that off merely making the recommendation $150,000,000 shall be for port security grants; versus the security of the individuals that, as we look to FEMA appropria- $15,000,000 shall be for trucking industry se- who surround the plants. tions in the future, there should be a curity grants; $10,000,000 shall be for inter- Remember, these plants were built in cushion of reserves in FEMA because city bus security grants; $150,000,000 shall be a different era, at a different time. this country can face all kinds of disas- for rail and transit security grants; They are very prominently located in ters, as we know, and this year FEMA’s $70,000,000 shall be for enhancing the security densely populated areas in the country. budget was too lean to be able to re- of chemical plants’’. We ought to do what we can to protect spond. Mr. CORZINE. Mr. President, this them. One of the ways is to provide Mr. COCHRAN. The Senator makes a amendment addresses one of the most these funds. That is what this amend- point we should consider. I agree with serious security threats facing our Na- ment is about. I spoke about it at that. It is awfully difficult for us to tion: the threat of terrorist attacks on length the other day on the Senate know the future or to be able to predict chemical facilities. It is a subject I floor. I believe very strongly that there it and the needs of every agency of the have worked on with a number of col- are real reasons for us to pay attention Government, even FEMA. But we do leagues on both sides of the aisle over to chemical plant security in this the best we can and we will continue to the last 3 years. It addresses an issue country. Every time the Department of work hard. Any advice or suggestions where there are literally thousands of Homeland Security raises the code the Senators might have for the appro- chemical facilities across the country level, they mention chemical plant se- priate level of funding on an annual where a chemical release could expose curity. It is in the Hart-Rudman re- basis would be welcome. tens of thousands of Americans to port. It is in studies of the Mr. President, I suggest the absence highly toxic gases. vulnerabilities of the critical infra- of a quorum. I have tried to stress that there are structure in this country. We ought to The PRESIDING OFFICER (Mr. 123 of these where more than a million take special steps to make sure there is CRAPO). The clerk will call the roll. people could be exposed. About eight of security at these plants. We would not The assistant legislative clerk pro- those are in New Jersey, so this is an tolerate the kind of security arrange- ceeded to call the roll. intensely important subject matter for ment we have in chemical plants if S9180 CONGRESSIONAL RECORD — SENATE September 14, 2004 they were nuclear powerplants, and about, it is my understanding that the ready made considerable improve- there are as many people exposed to manager also feels the same way. So if ments, such as repositioning storage these toxic exposures, if there were to people have amendments—for example, tanks away from public roads and hir- be a terrorist attack, as there would be I talked to a couple of my Senators ing more guards. Here in Washington, in many, if not most, nuclear power- this afternoon and they said, well, we DC, the Blue Plains water treatment plants, which are located in many dif- will do it later. Everyone should know plant went one step further by switch- ferent areas. later is here. We are now at that time. ing from chlorine to bleach, thereby re- I hope my colleagues will realize this Later is right now. This would be an ducing the inherent hazards posed by is an important consideration, a mod- appropriate time for someone to come their operations. Notwithstanding est first step. It is paid for, and I be- over and offer an amendment as we these improvements, numerous media lieve we can make the American people speak. We would set what is pending and government reports continue to a little bit more secure by adjusting aside, lay that down. It is my under- document significant security gaps at where we are spending $70 million to standing the manager of the bill wants many facilities. provide for chemical plant security. I to move through these pending amend- National legislation mandating fed- appreciate it, and I hope that it will be ments as quickly as possible. We have erally enforceable minimum standards favorably considered by my colleagues. several amendments after we finish is long overdue. When I was chairman Mr. President, I suggest the absence this block of votes that are still out- of the Environment and Public Works of a quorum. standing. That is going to get us into Committee, we unanimously passed The PRESIDING OFFICER. The the evening time. So if people still Senator CORZINE’s legislation out of clerk will call the roll. have amendments they want to offer, committee. Bowing to pressure from The legislative clerk proceeded to they should get over here and do that. the petroleum and chemical industries, call the roll. The PRESIDING OFFICER. The Sen- the Bush administration put the Mr. COCHRAN. Mr. President, I ask ator from Mississippi. brakes on this legislation. Now, almost unanimous consent that the order for Mr. COCHRAN. Mr. President, I 2 years later, we are still debating the the quorum call be rescinded. thank the distinguished Senator very issue. The PRESIDING OFFICER. Without much for his suggestions. He is abso- We cannot afford to ignore the risks objection, it is so ordered. lutely right. We do intend to press on posed by chemical plants any longer. A Mr. COCHRAN. Mr. President, we are and try to complete action on this bill terrorist attack at any one of the 15,000 at a point now where we can announce tonight. We would appreciate the co- chemical facilities nationwide would to Senators our intention to proceed to operation of all Senators in that re- likely cause death or injury to the peo- votes on some of the amendments that gard. We are going to try to get to the ple in the surrounding communities. are pending now. The amendment of point where we can announce that we The chemical industry’s own data indi- the Senator from New Jersey, which he are definitely going to finish the bill cates that, in a worst case release, has modified, would be the first amend- tonight. That is our intention. We hope toxic chemicals could threaten more ment we would consider. It would be we can move forward with dispatch and than 1 million people at each of 123 fa- the intention of this manager to move determination to achieve that goal. We cilities spread across 24 States. There are also more than 700 facilities from to table the Corzine amendment and thank the distinguished Senator for his which a chemical release could threat- get the yeas and nays, and then have a good assistance in that regard. similar motion against the Dayton I suggest the absence of a quorum. en more than 100,000 residential neigh- amendment No. 3629 and the Clinton/ The PRESIDING OFFICER. The bors. This issue is too important to ignore Schumer amendment No. 3632. We are clerk will call the roll. or add at the last minute to another advised that the Appropriations Com- The legislative clerk proceeded to bill without adequate time for proper mittee is in meeting now and members call the roll. consideration. I have asked my staff to may not be available until close to 4, Mr. DEWINE. Mr. President, I ask continue working in a tri-partisan but we could begin these votes at 3:45. unanimous consent that the order for fashion to develop legislation that can The distinguished assistant leader the quorum call be rescinded. be adopted unanimously by the Senate. has assured us that is an agreement The PRESIDING OFFICER. Without If such an agreement cannot be reached that is OK with the Democratic side of objection, it is so ordered. quickly, however, we should move the aisle, and with that understanding, AMENDMENT NO. 3619, AS MODIFIED stand-alone legislation to the floor for I will propound this unanimous consent Under the previous order, there are a full debate. request. now 2 minutes equally divided on the In the meantime, I urge my col- I ask unanimous consent that at 3:45 Corzine amendment. leagues to support the amendment of p.m. today, the Senate vote in relation Mr. JEFFORDS. Mr. President, Senator CORZINE to help communities to the following amendments in the homeland security experts refer to surrounding chemical plants address order mentioned: Corzine No. 3619, as chemical plants as ‘‘pre-positioned the added security risks that these fa- modified; Dayton No. 3629; Clinton No. weapons of mass destruction.’’ Yet cilities pose. We should then quickly 3632. I further ask unanimous consent more than 3 years after the September enact comprehensive chemical security that no amendments be in order to the 11 attacks, the Bush administration legislation to supplement these com- amendments prior to those votes and has done almost nothing to enhance munity efforts and ensure that the that there be 2 minutes equally divided the security of the estimated 15,000 chemical facilities themselves do their for debate prior to each of the votes, chemical facilities in the United part to ensure the safety of our home and finally that the second and third States. towns. votes in the series be limited to 10 min- I therefore support the amendment of Mr. COCHRAN. Has a motion to table utes each. Senator CORZINE to provide $100 million the Corzine amendment been made? Mr. REID. No objection. for State and local efforts to enhance The PRESIDING OFFICER. It cannot The PRESIDING OFFICER. Without the safety of communities around be made until the time is expired. objection, it is so ordered. chemical plants. These funds are need- Mr. COCHRAN. Mr. President, the Mr. COCHRAN. I thank the distin- ed to allow for expanded law enforce- committee has recommended in this guished leader and I thank all Senators ment presence around plants, better bill $193,673,000 for protective action ac- for that agreement. training and preparation for first re- tivities, for developing and imple- The PRESIDING OFFICER. The Sen- sponders and local officials, and addi- menting protective programs for the ator from Nevada. tional guidance for plant managers. Nation’s critical infrastructures, in- Mr. REID. Mr. President, I direct a This is just a first step, however. cluding chemical facilities, Federal, question through the Chair to the dis- Communities cannot do it alone. To State and local, and private sector ac- tinguished manager of the bill. On this truly enhance security, chemical tivities and programs and best prac- side, we still have every intention to sources must implement security plans tices. try to finish this bill tonight. Unless that address their unique Nationwide, we have seen 2,040 chem- something comes up we do not know vulnerabilities. Some facilities have al- ical facilities complete vulnerability September 14, 2004 CONGRESSIONAL RECORD — SENATE S9181 assessments as developed by Sandia Mr. COCHRAN. Mr. President, I move as a manager of the bill to urge my col- National Laboratories and the Center to table the Corzine amendment and leagues to vote against it. First, it is for Chemical Process Safety. The De- ask for the yeas and nays. the intention of the manager to move partment of Homeland Security has The PRESIDING OFFICER. Is there a to table this amendment and ask for made considerable progress in increas- sufficient second? the yeas and nays, and I do so now. ing the security of chemical facilities There appears to be a sufficient sec- The ACTING PRESIDENT pro tem- across the country. Site visits are con- ond. pore. There is still time remaining. The ducted at chemical facilities as part of The question is on agreeing to the motion is not in order at this time. a buffer zone protection plan. These motion. The Senator from Minnesota is rec- plans reduce specific vulnerabilities The clerk will call the roll. ognized. and build a general protection capacity The bill clerk called the roll. Mr. DAYTON. Mr. President, this of communities. As part of the protec- Mr. MCCONNELL. I announce that amendment is necessary to protect the tive buffer zone effort, the protective the Senator from Kentucky (Mr. health care benefits of security guards security division has developed plans BUNNING) and the Senator from Colo- who are protecting our security at Fed- to install cameras to detect and deter rado (Mr. CAMPBELL) are necessarily eral buildings in Minnesota and in surveillance and other threatening ac- absent. other States. tivities. I further announce that if present In this instance, private contractors The Department has provided protec- and voting the Senator from Kentucky have low-bid these security contracts, tive measures and risk management ef- (Mr. BUNNING) would vote ‘‘yes’’. and they unilaterally have shifted the forts on the sites of greatest concern. Mr. REID. I announce that the Sen- employees’ health payments to 401(k) We are confident these are working to ator from Hawaii (Mr. AKAKA), the Sen- contributions. The company thereby improve the safety and security of ator from North Carolina (Mr. ED- increases its profits by not paying taxes at the expense of their own em- chemical facilities. WARDS), and the Senator from Massa- ployees, with no consultation, no nego- We urge the Senate to support the chusetts (Mr. KERRY) are necessarily committee and vote to approve the mo- absent. tiation, just cold-blooded profiteering. tion to table the Corzine amendment. The ACTING PRESIDENT pro tem- No wonder a company like this can un- The PRESIDING OFFICER. The Sen- pore. Are there any other Senators in derbid its competitors. The bids can go ator from New Jersey. the Chamber desiring to vote? lower and lower every time they cut Mr. CORZINE. Mr. President, this The result was announced—yeas 48, wages or benefits. That is why there amendment addresses one of the most nays 47, as follows: should be employee protections—pro- serious security threats we have in the tections that were eliminated, unfortu- [Rollcall Vote No. 176 Leg.] Nation, the threat of terrorist attack nately, over the objections of many of on our chemical plants. There are lit- YEAS—48 us when this Department of Homeland erally thousands—not 230 but literally Alexander Dole McConnell Security was created just 2 years ago. Allard Domenici Miller thousands—of plants that are exposed Allen Ensign Murkowski This amendment simply requires to more than 10,000 folks in the coun- Bennett Enzi Nickles that if a company takes over a con- try; 123 plants expose a million people Bond Fitzgerald Roberts tract, it must negotiate changes in or more. Brownback Frist Santorum health benefits with its employees. I Burns Graham (SC) Sessions My amendment provides $70 million Chafee Grassley Shelby think that is the least we can do on be- to State and local governments, par- Chambliss Gregg Smith half of those who are risking their lives ticularly to focus on this issue of secu- Cochran Hagel Snowe to protect our lives. rity of chemical plants. It includes an Coleman Hatch Stevens I yield the remainder of my time. Collins Inhofe Sununu offset, as I mentioned a few minutes Cornyn Kyl Talent The ACTING PRESIDENT pro tem- ago. Craig Lott Thomas pore. The Senator from Mississippi. The facts speak loudly: We need to Crapo Lugar Voinovich Mr. COCHRAN. Mr. President, this address chemical plants. Time and DeWine McCain Warner amendment seeks to define the respon- time again, there are reports where NAYS—47 sibilities of the Federal Protective people can walk on to plants without Baucus Durbin Lieberman Service to negotiate employment con- there being any kind of protection and Bayh Feingold Lincoln tracts with other agencies or individ- actually following through on a lot of Biden Feinstein Mikulski uals who seek to work for the Federal Bingaman Graham (FL) the security plans that were talked Murray Protective Service. This is actually a Boxer Harkin Nelson (FL) about before. Breaux Hollings Nelson (NE) Department of Labor Fair Labor There is a whole further authoriza- Byrd Hutchison Pryor Standards Act issue. It is not a Home- tion bill working its way through the Cantwell Inouye Reed Carper Jeffords land Security issue. It should not be of- Reid Environment and Public Works Com- Clinton Johnson fered as an amendment to this bill but, Rockefeller mittee right now, which is a very bi- Conrad Kennedy Sarbanes rather, the issue should be presented to Corzine Kohl partisan effort to try to get at this Schumer the Department of Labor which is re- issue, but we need to do something Daschle Landrieu Dayton Lautenberg Specter sponsible for overseeing employee and now. Dodd Leahy Stabenow employer relationships. There are, as I said, literally thou- Dorgan Levin Wyden This amendment would have a very sands of plants across this country. We NOT VOTING—5 serious adverse effect on the Federal need to provide the support to State Akaka Campbell Kerry Protective Service’s ability to carry and local officials to be able to provide Bunning Edwards out protective services and ensure the the security, the overtime, needed at The motion was agreed to. security of Federal buildings through- these plants, and particularly when we out the country. It could bring the ef- raise our code levels. The lack of secu- Mr. COCHRAN. Mr. President, I move to reconsider the vote. forts to a standstill. rity at our chemical plants has been I move to table the amendment and I Mr. REID. I move to lay that motion cited as one of the greatest threats to ask for the yeas and nays. on the table. our infrastructure. We need to provide The ACTING PRESIDENT pro tem- The motion to lay on the table was for training. We need to provide funds pore. Is there a sufficient second? agreed to. for guidance and assistance to plant There appears to be a sufficient second. managers and for other steps that AMENDMENT NO. 3629 The question is on agreeing to the State and local officials can take to The ACTING PRESIDENT pro tem- motion. The clerk will call the roll. prevent and respond to attacks on pore. There are 2 minutes evenly di- The legislative clerk called the roll. chemical plants. vided on Dayton amendment No. 3629. Mr. MCCONNELL. I announce that the I hope my colleagues will recognize Mr. COCHRAN. Mr. President, the Senator from Kentucky (Mr. BUNNING), we have a problem. We ought to be Senator from Minnesota has offered an the Senator from Colorado (Mr. CAMP- doing everything we can to support and amendment dealing with the Federal BELL), and the Senator from Alabama protect the American people. protective service. It is my intention (Mr. SESSIONS) are necessarily absent. S9182 CONGRESSIONAL RECORD — SENATE September 14, 2004 I further announce that if present would bring the amount close to what of the Congressional Budget Act and and voting the Senator from Kentucky the President asked in his budget ask for the yeas and nays. (Mr. BUNNING) would vote ‘‘yes.’’ where he asked for $1.5 billion for the The ACTING PRESIDENT pro tem- Mr. REID. I announce that the Sen- high-threat category. pore. Is there a sufficient second? ator from Hawaii (Mr. AKAKA), the Sen- What has been happening over the There is a sufficient second. ator from North Carolina (Mr. ED- last several years is that the Depart- The question is on agreeing to the WARDS), and the Senator from Massa- ment of Homeland Security has added motion. The yeas and nays have been chusetts (Mr. KERRY) are necessarily the number of cities and localities with ordered. The clerk will call the roll. absent. critical infrastructure to this category, The assistant legislative clerk called The ACTING PRESIDENT Pro Tem- which I support and agree with. But as the roll. pore. Are there any other Senators in a result, the amount of money is not Mr. MCCONNELL. I announce that the Chamber desiring to vote? sufficient in order to meet the needs of the Senator from Kentucky (Mr. The result was announced—yeas 49, the number of places that the Sec- BUNNING) and the Senator from Colo- nays 45, as follows: retary deems appropriate for high- rado (Mr. CAMPBELL) are necessarily [Rollcall Vote No. 177 Leg.] threat urban funding. So I ask that we absent. YEAS—49 support this increase. It brings us close I further announce that if present Alexander Domenici Miller to the President’s requested amount in and voting the Senator from Kentucky Allard Ensign Murkowski the 2005 budget, and it enables the Sec- (Mr. BUNNING) would vote ‘‘no’’. Allen Enzi Nickles retary to provide the funding to a num- Mr. REID. I announce that the Sen- Bennett Fitzgerald Roberts ber of places that have high-threat ator from Hawaii (Mr. AKAKA), the Sen- Bond Frist Santorum needs. ator from North Carolina (Mr. ED- Brownback Graham (SC) Shelby Burns Grassley Smith Mr. DORGAN. Mr. President, I sup- WARDS), the Senator from Massachu- Chafee Gregg Snowe port the Clinton amendment because I setts (Mr. KERRY), and the Senator Chambliss Hagel Specter from Florida (Mr. NELSON) are nec- Cochran Hatch think that it includes important fund- Stevens Coleman Hutchison ing for high risk areas. The amendment essarily absent. Sununu Collins Inhofe provides additional funds for those The ACTING PRESIDENT pro tem- Talent Cornyn Kyl areas that are under the highest threat pore. Are there any other Senators in Craig Lott Thomas Crapo Lugar Voinovich alert. the Chamber desiring to vote? DeWine McCain Warner In its current form, this amendment The yeas and nays resulted—yeas 44, Dole McConnell does not include any offsetting reduc- nays 50, as follows: NAYS—45 tions to pay for the new investments. If [Rollcall Vote No. 178 Leg.] Baucus Dorgan Levin this amendment is adopted today—and YEAS—44 Bayh Durbin Lieberman I hope that it will be—I intend to work Baucus Feingold Lieberman Biden Feingold Lincoln with the conferees to offset these in- Bayh Feinstein Lincoln Bingaman Feinstein Mikulski creases by reducing funds that have Biden Graham (FL) Mikulski Boxer Graham (FL) Murray Bingaman Harkin Murray Breaux Harkin Nelson (FL) been earmarked for Iraqi reconstruc- Boxer Hollings Nelson (NE) Byrd Hollings Nelson (NE) tion. I believe these expenditures Breaux Hutchison Pryor Cantwell Inouye Pryor should be offset with these other spend- Byrd Inouye Carper Jeffords Reed Reed ing cuts. Cantwell Jeffords Reid Clinton Johnson Reid Clinton Johnson Rockefeller Conrad Kennedy Rockefeller Iraq is a nation that sits on some of Corzine Kennedy Sarbanes Corzine Kohl Sarbanes the largest oil reserves in the world. Daschle Kohl Schumer Daschle Landrieu Schumer My view is that Iraq should pay for its Dayton Landrieu Dayton Lautenberg Stabenow Specter own reconstruction. Dodd Lautenberg Dodd Leahy Wyden Dorgan Leahy Stabenow Last year, this Congress acted in an Durbin Levin Wyden NOT VOTING—6 expedited way to appropriate $18.4 bil- Akaka Campbell Kerry lion Iraqi reconstruction. And yet, 10 NAYS—50 Bunning Edwards Sessions months later, most of that money is Alexander DeWine McConnell Allard Dole The motion was agreed to. still unspent. Less than $1 billion has Miller Mr. COCHRAN. Mr. President, I move Allen Domenici Murkowski been actually expended and only about Bennett Ensign Nickles to reconsider the vote. $7 billion has been obligated. Bond Enzi Roberts Mr. BREAUX. I move to lay that mo- Therefore, I support Senator CLIN- Brownback Fitzgerald Santorum Burns Frist tion on the table. TON’s amendment. But my intention is Sessions Carper Graham (SC) Shelby The motion to lay on the table was Chafee Grassley to push for the rescission of those un- Smith agreed to. Chambliss Gregg obligated Iraqi reconstruction funds Snowe Cochran Hagel AMENDMENT NO. 3632 Stevens and use them to offset these needed se- Coleman Hatch The ACTING PRESIDENT pro tem- curity investments. Collins Inhofe Sununu pore. There are 2 minutes equally di- Mr. COCHRAN. Mr. President, I ap- Conrad Kyl Talent Thomas vided on the amendment of the Senator preciate very much the suggestion of Cornyn Lott Craig Lugar Voinovich from New York. the Senator from New York. The fact Crapo McCain Warner Mr. COCHRAN. Mr. President, this is is, we have already identified an appro- the amendment offered by the distin- priate amount of funding for this area NOT VOTING—6 guished Senator from New York. of concern in the bill. The committee Akaka Campbell Kerry Bunning Edwards Nelson (FL) Mrs. CLINTON. Mr. President, are has reviewed the request very care- there 2 minutes available equally di- fully. Because the committee has ex- The ACTING PRESIDENT pro tem- vided? hausted its allocation of funds avail- pore. On this vote, the yeas are 44, the The ACTING PRESIDENT pro tem- able to it under the allocation of the nays are 50. Three-fifths of the Sen- pore. That is correct. full committee on appropriations, we ators duly chosen and sworn not having Mrs. CLINTON. Mr. President, I ask have identified what we think is an ap- voted in the affirmative, the motion is unanimous consent to add Senators propriate amount of funding for this rejected. The point of order is sus- KENNEDY and CORZINE as cosponsors of area of concern and activity of the De- tained and the amendment falls. this high-threat amendment. partment of Homeland Security. I The Senator from Hawaii. The ACTING PRESIDENT pro tem- make a point of order under section VOTE CORRECTION pore. Without objection, it is so or- 302(f) of the Congressional Budget Act Mr. INOUYE. Mr. President, on roll- dered. that the amendment provides spending call No. 178, I was present and voted Mrs. CLINTON. Mr. President, this in excess of the subcommittee’s 302(b) aye. The Official record has me listed amendment would add $625 million to allocation. as absent. Therefore, I ask unanimous the high-threat urban area category of Mrs. CLINTON. Mr. President, I consent that the official record be cor- Homeland Security funding. This move to waive the applicable sections rected to accurately reflect my vote. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9183 This will in no way change the out- of terrorism we face today is crowded firefighters, will be accepted by the come of the vote. airport lobbies. The huge explosive de- committee. That being the case, I see The ACTING PRESIDING pro tem- tection devices in the lobbies of air- no reason for us to ask for a rollcall pore. Is there objection? Without objec- ports makes the packed-in crowds an vote. tion, it is so ordered. inviting target for terrorists. They I ask unanimous consent that a let- (The foregoing tally has been could harm and kill more people in an ter from the National Volunteer Fire changed to reflect the above order.) airport lobby than they could on an en- Council be printed in the RECORD. The ACTING PRESIDENT pro tem- tire airplane these days. There being no objection, the mate- pore. The Senator from Nevada. The amount that TSA requested in rial was ordered to be printed in the AMENDMENT NO. 3598 fiscal year 2005 for in-line baggage RECORD, as follows: Mr. ENSIGN. Mr. President, I ask screening is not enough to fully fund NATIONAL VOLUNTEER FIRE COUNCIL, unanimous consent to set aside the the eight airports that are currently Washington, DC, September 13, 2004. pending amendment to call up amend- constructing their baggage systems, let Hon. CHRISTOPHER DODD, ment No. 3598. alone the 21 airports that are waiting Russell Senate Office Building, The ACTING PRESIDENT pro tem- for money to become available so they Washington, DC. DEAR SENATOR DODD: The National Volun- pore. Is there objection? can start their own. teer Fire Council (NVFC) is a non-profit Without objection, it is so ordered. It is estimated that $5 billion is need- membership association representing the in- The clerk will report the amendment. ed to fully install the baggage screen- terests of the more than 800,000 members of The assistant legislative clerk read ing systems. At $250 million a year, we America’s volunteer fire, EMS, and rescue as follows: are not going to get there any time services. On behalf of our membership, I am The Senator from Nevada [Mr. ENSIGN], for soon. We need to live up to our obliga- writing to lend our full support for your himself, Mr. BOND, Mr. REID, Mr. KYL, Mr. tion to our airports by clearing the amendment to the FY 2005 Homeland Secu- CORNYN, Mrs. HUTCHISON, Mr. CORZINE, Mr. backlog of airports that need to get rity Appropriations Bill to fund the SAFER NELSON of Florida, Mr. CHAMBLISS, Mr. MIL- program at the $100 million level. these monster machines out of their The Staffing for Adequate Fire and Emer- LER, Mr. GRAHAM of Florida, Mr. BURNS, Mr. lobbies. It is a huge unfunded mandate ROBERTS, Mrs. FEINSTEIN, Mrs. BOXER, Mrs. gency Response (SAFER) Firefighters Act, CLINTON, Mr. WARNER, Mr. DURBIN, Ms. for airports that have to operate on which was passed as part of the FY 2004 De- LANDRIEU, Mr. CAMPBELL, and Mr. ALLEN, tight budgets. fense Authorization bill, would not only pro- proposes an amendment numbered 3598. Our airports will be safer as a result. vide grants to local fire departments to hire Mr. ENSIGN. Mr. President, I ask In fact, one of the recommendations of additional personnel, but also includes a the 9/11 Commission is to expedite the component to provide grants to volunteer unanimous consent that reading of the and combination departments to implement amendment be dispensed with. installation of in-line baggage screen- ing equipment. We will never get there recruitment and retention programs. In addi- The ACTING PRESIDENT pro tem- tion, the amendment includes language that pore. Without objection, it is so or- if TSA cannot request enough funding ensures that firefighters hired under the dered. for eight airports, let alone for all the SAFER Bill are guaranteed the right to con- The amendment is as follows: airports in America that need these tinue to volunteer in other jurisdictions dur- (Purpose: To increase the amount appro- baggage screening systems. ing their off-duty hours. priated for baggage screening activities, In summary, my amendment is offset As you know, recruitment and retention is and for other purposes) and will help 30 airports in our country often cited as the number one challenge fac- ing America’s volunteer fire and EMS de- Beginning on page 10, line 25, strike speed up the installation of their in- line baggage screening systems. We partments. The SAFER program would not ‘‘$1,437,460,000’’ and all that follows through only help to address staffing shortages in ca- ‘‘presence’’ on page 11, line 3, and insert the have a huge vulnerability on our reer departments, but would go a long way following: ‘‘$1,512,460,000 shall be for baggage hands, and we need to act quickly. to reverse the national trend in the volun- screening activities, of which $210,000,000 The ACTING PRESIDENT pro tem- teer fire service that has resulted in a loss of shall be available only for procurement of pore. Is there further debate on the nearly 15% of the volunteer ranks in the last checked baggage explosive detection systems amendment? 20 years. and $75,000,000 shall be available only for in- Mr. COCHRAN. Mr. President, we re- Once again, we strongly support your stallation of checked baggage explosive de- amendment to the FY 2005 Homeland Secu- tection systems; and not to exceed viewed the amendment of the distin- guished Senator from Nevada. We rity Appropriations Bill and we thank you $796,890,000 shall be for airport security di- for your continued leadership and support of rection and enforcement presence, of which think it should be accepted by the Sen- America’s fire service. If you or your staff $217,890,000 shall be available for airport in- ate, so we hope it will be adopted on a have any questions please feel free to con- formation technology’’. voice vote. tact Craig Sharman, NVFC Director of Gov- Mr. ENSIGN. Mr. President, I thank The ACTING PRESIDENT pro tem- ernment Relations at (202) 887–5700. Chairman COCHRAN and Senator BYRD pore. Is there further debate? If not, Sincerely, and their staffs for working with me to the question is on agreeing to the PHILIP C. STITTLEBURG, draft the Ensign-Bond amendment, amendment. Chairman. which has 20 cosponsors from both The amendment (No. 3598) was agreed Mr. DODD. I appreciate immensely sides of the aisle. to. the support of the Senator from Mis- This amendment addresses a short- Mr. COCHRAN. I move to reconsider sissippi and others who are willing to fall in the Transportation Security Ad- the vote by which the amendment was accept the amendment. I want to com- ministration’s budget for our airports’ agreed to. mend Senator BYRD, Senator SPECTER, in-line baggage screening systems, or Mr. BAUCUS. I move to lay that mo- as well as their staffs, for the tremen- Explosive Detection Systems, for all tion on the table. dous efforts they have made on behalf checked baggage. The motion to lay on the table was of the amendment. We were able to My amendment adds $75 million to agreed to. work out an offset that will not do any the TSA’s budget request of $250 mil- AMENDMENT NO. 3630 significant damage to the management lion, for a total of $325 million. It is The ACTING PRESIDENT pro tem- and administrative functions of the fully offset through a reduction in pore. The Senator from Connecticut. Homeland Security Department. We TSA’s airport information technology Mr. DODD. Mr. President, in my con- still would have a 35-percent increase and support. versations with the distinguished in title I, and roughly the status quo TSA has asked for a $154 million in- chairman of the committee, the Sen- when it comes to title IV. crease in airport information tech- ator from Mississippi, it is my under- Firefighter staffing is the No. 1 issue nology, so we will still be giving them standing the bipartisan amendment I for firefighters all across America. By half of that increase. Still, even with offered earlier today—on behalf of my- agreeing to this amendment, we are this offset, this technology account is self and Senator SPECTER, along with fulfilling our pledge to these heroes to left with $218 million, and the reduc- several other colleagues, including do everything we can to not only pro- tion will not damage TSA’s mission. Senators STABENOW, SNOWE, BIDEN, MI- vide them with the materials, training, The reason I am offering this amend- KULSKI, CORZINE, and CLINTON—to pro- and equipment they need, but also the ment is clear: One of the major threats vide funds to fire departments to hire necessary personnel these departments S9184 CONGRESSIONAL RECORD — SENATE September 14, 2004 must have if they are going to com- are involved with this inspection. They Federal Crop Insurance Act (7 U.S.C. 1501 et plete their jobs. are well trained to accomplish this seq.). Again, I thank the Senator from Mis- work. This is work which will be very (3) NONINSURABLE COMMODITY.—The term sissippi and his staff for their out- difficult for the other Federal agencies ‘‘noninsurable commodity’’ means an eligi- ble crop for which the producers on a farm standing efforts. involved to try to take over them- are eligible to obtain assistance under sec- The ACTING PRESIDENT pro tem- selves. It is important that the Na- tion 196 of the Federal Agriculture Improve- pore. The Senator from Mississippi. tional Guard be allowed to continue ment and Reform Act of 1996 (7 U.S.C. 7333). Mr. COCHRAN. Mr. President, we doing the work. The amendment would (b) EMERGENCY FINANCIAL ASSISTANCE.— thank the Senator from Connecticut accomplish that. It is a very meri- Notwithstanding section 508(b)(7) of the Fed- for his good advice and suggestions in torious amendment, and I urge my col- eral Crop Insurance Act (7 U.S.C. 1508(b)(7)), the handling of this bill. We rec- leagues to support it. the Secretary of Agriculture (referred to in ommend we proceed to a voice vote on The ACTING PRESIDENT pro tem- this title as the ‘‘Secretary’’) shall use such sums as are necessary of funds of the Com- his amendment. pore. The Senator from Mississippi. modity Credit Corporation to make emer- The ACTING PRESIDENT pro tem- Mr. COCHRAN. Mr. President, we un- gency financial assistance authorized under pore. The question is on agreeing to derstand the Senator from New Mexico, this section available to producers on a farm amendment No. 3630. Mr. DOMENICI, is a cosponsor of the that have incurred qualifying crop or quality The amendment (No. 3630) was agreed amendment. We appreciate Senator losses for the 2003 or 2004 crop (as elected by to. BINGAMAN’s bringing this issue to the a producer), but not both, due to damaging Mr. DODD. Mr. President, I move to attention of the Senate. We rec- weather or related condition, as determined reconsider the vote. ommend that we proceed to a voice by the Secretary. Mr. COCHRAN. I move to lay that (c) ADMINISTRATION.—The Secretary shall vote on the Senator’s amendment. make assistance available under this section motion on the table. The ACTING PRESIDENT pro tem- in the same manner as provided under sec- The motion to lay on the table was pore. The question is on agreeing to tion 815 of the Agriculture, Rural Develop- agreed to. amendment No. 3639. ment, Food and Drug Administration, and AMENDMENT NO. 3639 The amendment (No. 3639) was agreed Related Agencies Appropriations Act, 2001 The ACTING PRESIDENT pro tem- to. (Public Law 106–387; 114 Stat. 1549A–55), in- pore. The Senator from New Mexico. Mr. BINGAMAN. Mr. President, I cluding using the same loss thresholds for the quantity and quality losses as were used Mr. BINGAMAN. Mr. President, I send move to reconsider the vote. in administering that section. an amendment to the desk and ask for Mr. COCHRAN. I move to lay that (d) REDUCTION IN PAYMENTS.—The amount its immediate consideration. motion on the table. of assistance that a producer would other- The ACTING PRESIDENT pro tem- The motion to lay on the table was wise receive for a qualifying crop or quality pore. Is there objection to laying aside agreed to. loss under this section shall be reduced by the pending amendment? Without ob- AMENDMENT NO. 3636 the amount of assistance that the producer jection, it is so ordered. Mr. BAUCUS. Mr. President, I rise to receives under the crop loss assistance pro- The clerk will report. speak on an issue that is vitally impor- gram announced by the Secretary on August The assistant legislative clerk read tant. If there are any pending amend- 27, 2004. as follows: (e) INELIGIBILITY FOR ASSISTANCE.—Except ments, I ask unanimous consent that as provided in subsection (f), the producers The Senator from New Mexico [Mr. BINGA- they be set aside. on a farm shall not be eligible for assistance MAN], for himself and Mr. DOMENICI, proposes The ACTING PRESIDENT pro tem- under this section with respect to losses to an amendment numbered 3639. pore. Without objection, it is so or- an insurable commodity or noninsurable Mr. BINGAMAN. Mr. President, I ask dered. commodity if the producers on the farm— unanimous consent the reading of the Mr. BAUCUS. I call up amendment (1) in the case of an insurable commodity, amendment be dispensed with. No. 3636. did not obtain a policy or plan of insurance The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- for the insurable commodity under the Fed- eral Crop Insurance Act (7 U.S.C. 1501 et seq.) pore. Without objection, it is so or- pore. The clerk will report. for the crop incurring the losses; and dered. The assistant legislative clerk read (2) in the case of a noninsurable com- The amendment is as follows: as follows: modity, did not file the required paperwork, (Purpose: To provide for continued support The Senator from Montana [Mr. BAUCUS], and pay the administrative fee by the appli- by the New Mexico National Guard for the for himself, Mr. BURNS, Mr. CONRAD, Mr. cable State filing deadline, for the noninsur- performance of the vehicle and cargo in- ROBERTS, Mr. DORGAN, Mr. BROWNBACK, Mr. able commodity under section 196 of the Fed- spection activities of the Department of NELSON of Nebraska, and Mr. HAGEL, pro- eral Agriculture Improvement and Reform Homeland Security) poses an amendment numbered 3636. Act of 1996 (7 U.S.C. 7333) for the crop incur- On page 39, between lines 5 and 6, insert Mr. BAUCUS. Mr. President, I ask ring the losses. the following: (f) CONTRACT WAIVER.—The Secretary may unanimous consent that reading of the waive subsection (e) with respect to the pro- SEC. 515. During fiscal year 2005 the Sec- amendment be dispensed with. retary of Homeland Security and the Sec- ducers on a farm if the producers enter into retary of Defense shall permit the New Mex- The ACTING PRESIDENT pro tem- a contract with the Secretary under which ico Army National Guard to continue per- pore. Without objection, it is so or- the producers agree— forming vehicle and cargo inspection activi- dered. (1) in the case of an insurable commodity, ties in support of the Bureau of Customs and The amendment is as follows: to obtain a policy or plan of insurance under Border Protection and the Bureau of Immi- (Purpose: To provide emergency disaster as- the Federal Crop Insurance Act (7 U.S.C. 1501 gration and Customs Enforcement under the sistance to agricultural producers in Flor- et seq.) providing additional coverage for the authority of the Secretary of Defense to sup- ida and other States due to losses from insurable commodity for each of the next 2 port counterdrug activities of law enforce- hurricanes, droughts, freezes, floods, and crops; and ment agencies. other natural disasters) (2) in the case of a noninsurable com- modity, to file the required paperwork and Mr. BINGAMAN. Mr. President, this At the appropriate place, insert the fol- pay the administrative fee by the applicable is an amendment which simply pro- lowing: State filing deadline, for the noninsurable vides that during fiscal year 2005, the TITLE ll—EMERGENCY AGRICULTURAL commodity for each of the next 2 crops under Secretary of Defense shall permit the DISASTER ASSISTANCE section 196 of the Federal Agriculture Im- New Mexico Army National Guard per- SEC. ll01. CROP DISASTER ASSISTANCE. provement and Reform Act of 1996 (7 U.S.C. sonnel to continue performing vehicle (a) DEFINITIONS.—In this section: 7333). and cargo inspection activities in sup- (1) ADDITIONAL COVERAGE.—The term ‘‘ad- (g) EFFECT OF VIOLATION.—In the event of port of Customs and Border Protection ditional coverage’’ has the meaning given the violation of a contract under subsection the term in section 502(b) of the Federal Crop (f) by a producer, the producer shall reim- and immigration enforcement agencies burse the Secretary for the full amount of along the border. Insurance Act (7 U.S.C. 1502(b)). (2) INSURABLE COMMODITY.—The term ‘‘in- the assistance provided to the producer This is work our New Mexico Na- surable commodity’’ means an agricultural under this section. tional Guard has been doing now for commodity (excluding livestock) for which SEC. ll02. LIVESTOCK ASSISTANCE PROGRAM. some time. They do an excellent job. the producers on a farm are eligible to ob- (a) IN GENERAL.—The Secretary shall use We have 17 full-time guardsmen who tain a policy or plan of insurance under the such sums as are necessary of funds of the September 14, 2004 CONGRESSIONAL RECORD — SENATE S9185 Commodity Credit Corporation to make and fering this amendment, particularly on That is a technical argument. The administer payments for livestock losses to this bill. The answer is very simple. unanimous consent request states, and producers for 2003 or 2004 losses (as elected First of all, there is a tremendous need, I will point it out to my colleagues, by a producer), but not both, in a county a need in rural America to address that first-degree amendments to this that has received an emergency designation drought agricultural disaster assist- by the President or the Secretary after Jan- bill are in order related to the text of uary 1, 2003, of which an amount determined ance. Just as there is a need in Florida homeland security and natural disas- by the Secretary shall be made available for because of the two hurricanes which ters. This is a natural disaster amend- the American Indian livestock program have devastated that State, and a third ment. under section 806 of the Agriculture, Rural potentially on its way, for agricultural This bill clearly contemplates Development, Food and Drug Administra- disaster assistance, agricultural disas- amendments that address assistance to tion, and Related Agencies Appropriations ters from droughts in many parts of parts of the country that are experi- Act, 2001 (Public Law 106–387; 114 Stat. 1549A– America are just as devastating. We encing natural disasters. You might 51). don’t hear about them as much because hear, gee whiz, after all, we should wait (b) ADMINISTRATION.—The Secretary shall it is in the nature of a silent killer. make assistance available under this section until an agriculture bill comes up. We in the same manner as provided under sec- They don’t get on TV as much. It is cannot do that. We know there are 3 tion 806 of the Agriculture, Rural Develop- over a period of time, for years. But weeks left before we are scheduled to ment, Food and Drug Administration, and the effect is just the same, if not worse, adjourn. There is no time to wait. We Related Agencies Appropriations Act, 2001 in many parts of our country. know the big disaster bill comes up for (Public Law 106–387; 114 Stat. 1549A–51). We are in America. We are an entire Florida, and we know the pressure here (c) MITIGATION.—In determining the eligi- country. Just above the Presiding Offi- for that to be a clean bill—don’t add bility for or amount of payments for which a cer is our national motto, ‘‘e pluribus producer is eligible under the livestock as- anything to it because it so accurately unum.’’ Clearly, this is something of portrays the devastation in Florida, sistance program, the Secretary shall not pe- which we should all be reminded. We nalize a producer that takes actions (recog- and there is going to be a rush to ad- nizing disaster conditions) that reduce the are many States, but we are one Na- journ and they don’t want any amend- average number of livestock the producer tion, here to help each other—one in- ments, and that will happen. owned for grazing during the production year deed. We are going to hear the argument to for which assistance is being provided. Our amendment would fully fund the put it off until the supplemental or an- SEC. ll03. TREE ASSISTANCE PROGRAM. Crop Disaster Program, the Livestock other bill. Well, you have to strike Assistance Program, and the American The Secretary shall use such sums as are while the iron is hot here. You need to Indian Livestock Feed Program for necessary of the funds of the Commodity take advantage of your opportunities. Credit Corporation to provide assistance losses incurred in 2003 or 2004. The pro- This is needed now, not weeks from under the tree assistance program estab- ducer would have the option of decid- now. It is needed right now. Frankly, a lished under subtitle C of title X of the Farm ing which of the 2 years he or she needs bird in the hand is worth two in the Security and Rural Investment Act of 2002 to the assistance. producers who suffered tree losses during the I might point out that in 1996, the bush. If we don’t act now, we jeopardize winter of 2003 through 2004. year before the major years of drought assistance that farmers deserve, as well SEC. ll04. COMMODITY CREDIT CORPORATION. began, Montana sold $847 billion worth as the folks in Florida. The Secretary shall use the funds, facili- I point out that we see hurricanes ties, and authorities of the Commodity Cred- of wheat. Just a couple years ago, we sold only $366 million. That is a 43-per- and tornadoes and ice storms and it Corporation to carry out this title. floods in the news; newspapers and tel- SEC. ll05. REGULATIONS. cent decline. Why? Essentially because of drought. evision cover that. Those folks deserve (a) IN GENERAL.—The Secretary may pro- help and we will give them help before mulgate such regulations as are necessary to This devastation does not end at the front door of our rural homes. It is un- we adjourn. implement this title. We must also remember that an agri- (b) PROCEDURE.—The promulgation of the relenting and has taken an enormous regulations and administration of this title economic toll on our communities as cultural disaster such as drought is shall be made without regard to— well as our farmers. It will take years more of a silent killer; it is not as visi- (1) the notice and comment provisions of to recover. Businesses are closing ble on TV screens, but the effect is just section 553 of title 5, United States Code; doors. Employees are being layed off in as bad, if not worse. (2) the Statement of Policy of the Sec- many parts of rural America as a con- You are going to hear, why doesn’t retary of Agriculture effective July 24, 1971 the farm bill take care of all this? We (36 Fed. Reg. 13804), relating to notices of sequence, and main streets are just drying up. Producers are considering know it is important to remind our- proposed rulemaking and public participa- selves that disaster assistance is com- tion in rulemaking; and selling parcels of land they own or (3) chapter 35 of title 44, United States pieces of equipment that they have in pletely separate from funding in the Code (commonly known as the ‘‘Paperwork order to keep their operation going. farm bill. It is a totally different ani- Reduction Act’’). They will do so only if they can keep mal, a different phenomenon. (c) CONGRESSIONAL REVIEW OF AGENCY the farm or the ranch that their family The argument is also made that RULEMAKING.—In carrying out this section, has been working on for, in many farmers and ranchers should be satis- the Secretary shall use the authority pro- cases, generations, and scraping that fied with the funding they will receive vided under section 808 of title 5, United in the farm bill. The truth is, only 18 States Code. money together has never been more difficult as most of the potential buy- percent of the total funding in the farm SEC. ll06. EMERGENCY DESIGNATION. bill goes directly to producers. The rest Amounts appropriated or otherwise made ers are similarly in financial straits. So we are drying up in many parts of goes to food stamps, nutrition pro- available in this title are each designated as grams, et cetera. The farm bill is never an emergency requirement pursuant to sec- the country. It is all patchwork. It is tion 402 of S. Con. Res. 95 (108th Congress), as not uniform. There are certain parts of intended to cover losses from natural made applicable to the House of Representa- the drought that even in certain parts disasters; it is economic losses, not tives by H. Res. 649 (108th Congress) and ap- of my State of Montana, you can tell natural disasters, as this amendment plicable to the Senate by section 14007 of the from this map which indicates it is so provides. Department of Defense Appropriations Act, very dry. Some parts are more drought In the same way we use emergency 2005 (Public Law 108–287; 118 Stat. 1014). stricken than others. This bill is tai- funds to rebuild communities hurt by Mr. BAUCUS. Mr. President, this is a lored to give help to those producers tornadoes and hurricanes, we should bipartisan amendment. My colleague who are experiencing drought, who rebuild communities hurt by drought. from Montanam Mr. BURNS, is a co- have a disaster, very little of their crop We should not treat natural disasters sponsor of the amendment, along with is left, and they would be compensated differently and just pay attention to Senators ROBERTS, BROWNBACK, HAGEL, for only a portion of the loss. We have the ones that make the evening news. CONRAD, DORGAN, and NELSON from Ne- to act now. A disaster is a disaster. There is no braska. Maybe there will be more later. Some will say: Put this off to an- reason a double standard should apply. This amendment provides for emer- other bill. This is the Homeland Secu- We must not and cannot continue to gency agricultural natural disaster as- rity bill. This is not an agricultural ignore the impact of drought, the effect sistance. Some might ask why I am of- disaster assistance bill. it has on our agricultural producers, S9186 CONGRESSIONAL RECORD — SENATE September 14, 2004 and our rural communities. It is every Devil’s Lake Basin that we have seen There is nothing here. It was a total bit as deserving of assistance. over the past 6 or 7 years. This lake is loss. These people are going to lose I repeat that it is just as important now bigger than the District of Colum- their entire investment. as small business owners in Florida or bia; it is several times the size of the Here is a cornfield. We say knee high anybody else. Florida needs assistance District of Columbia. The lake has by the Fourth of July. You can see this and we will give them that. Those folks risen 25 feet in the last 7 years. corn is not knee high by the first week are hurting. But I might also say that Throughout this entire basin, which in September. In fact, most of these parts of rural America need assistance is the size of the State of Massachu- corn plants have no ears on them. and we should give them assistance be- setts, the land is increasingly under About one in four has any ears, and the cause they are hurting just as much in water. There is a joke in North Dakota ears they have are like those little some cases, if not worse. that Lake Agassiz may be reforming. miniature ears that one gets in a salad I will end there, just by saying this is Lake Agassiz, my colleagues will re- when going to a restaurant. It is unlike bipartisan. We have just as many Re- member, was a giant lake, a glacial anything I have ever seen. publican cosponsors as Democratic co- lake that covered much of the State of This is a cornfield that is totally sponsors. It is not a political issue. North Dakota in earlier ages. stunted. This is one of my assistants This is meant to help people who really Something truly phenomenal is hap- who is holding up this corn plant show- need help. pening in my State. Some have sug- ing there are no ears on it. It is a total With that, I yield the floor and urge gested that global climate change is af- loss. As the farmer who was with me my colleagues to take a good long hard fecting the severity of the weather. I said: Senator, that is garbage. That look at this and not be—I am trying to don’t know, but something dramatic is whole field is just garbage. use another word—deceived by argu- happening. We have towns that have Yet here is another part of North Da- ments that say this is just a Homeland experienced 18 inches of rain in 1 day, kota—I do not know if people can see Security bill. That is a technicality. and these are places that only get 20 this clearly through the television The unanimous consent provides for inches of rain in a year. It is Biblical lens, but this is mile after mile of natural disaster amendments to this and it is unlike anything we have ever northern North Dakota—water, water bill. Second, there is no time to wait. seen. everywhere. Everywhere one looks That is why we are here. That is why In the midst of all of this, we had a there is water. That is the cir- we are elected, to do what is right. killer frost in August. Whoever heard cumstance we face in North Dakota. Somebody, who was wise, said to me: of a frost in August? In fact, we had In the middle of all of this, here is a When you are going to do something, several frosts in August. And while map that shows the damage. There are do it now, don’t wait. Second, do it that is happening in the northern tier 1.7 million acres that were prevented right the first time. Don’t do it wrong of the State, in the southwestern part from even being planted all across the first time. of the State is the meanest, toughest northern North Dakota. All the green I think if we are going to do it, we drought I have seen in my lifetime. I area is places where acreage was pre- should do it now, do it right the first just toured the southwestern part of vented from being planted. Just to put time; and the right way is a basic, sim- our State. In county after county, I 1.7 million acres in perspective, how ple amendment. We are not trying to was in pastures that are like much is that? That is 25 percent more take advantage of somebody or pad moonscapes because nothing is grow- than the whole State of Delaware. That anybody’s pockets. It is to help people ing. is the acreage they could not even who need help. This is a headline from one of the plant. Those who were lucky enough to I yield the floor. newspapers back home: ‘‘Drought Can- plant could not harvest. They could The ACTING PRESIDENT pro tem- cels Annual Crop Show.’’ They cannot not harvest because it is so wet the pore. The Senator from North Dakota have a crop show because there are no machines are bogged down. That is is recognized. crops to show. That is how devastating what we are facing in North Dakota. It Mr. CONRAD. Mr. President, I rise in the drought has been in the south- is not just drought and it is not just strong support of the amendment of western part of the State. At the same flooding. the Senators from Montana, Kansas, time, the great irony is, just a hundred On top of that, killer frost. Here is and others States that have been af- miles north, it is so wet they cannot the indication of where they had killer fected by natural disasters. We have get the crops off. I had one farmer—Mr. frost. My colleagues can see in the blue enormous sympathy for the State of BAUCUS—say to me: The incredible those are areas that had killing frost Florida and the extraordinary disasters thing here, Senator, is when you look this year. On August 20, 2004, there they have faced, and we are ready to from the road, it looks like there is 90 were freezing temperatures. The areas help them, as we have been helped in bushels of barley there, but you cannot in the lightest blue experienced tem- the past. get in to harvest it because it is so wet peratures from 28.5 degrees to 32.2. In My State has once again been hit by that your equipment bogs down. Now, the next shade of blue, 32.2 to 35.9. In the most remarkable set of disasters I here we are in the second week of Sep- all of these areas, enormous damage have seen yet—and I have seen a lot— tember and there are very few days left was done to the crops. from the worst floods in the 1990s—we that will be warm enough to mature One does not have to take my word had the 500-year flood of the Red River. the crop. The result is going to be for it. We brought back pictures show- People may recall the images of that losses that will mount geometrically. ing what has happened. This picture is extraordinary flooding. In the 1980s, we This says, ‘‘Losses Total $530 mil- from Cass County, ND, an ear of corn had the worst drought since the 1930s. lion.’’ This is our State university that unaffected. This picture was taken on This year, our State has been hit by has done a calculation of the extraor- August 24. That is a healthy ear of a combination of flooding and drought dinary losses. Already, there have been corn. Look at the Foster County pic- that is truly stunning. It is almost Presidential disaster declarations. ture taken the day before, August 23. hard to express what I have seen as I I make these points because while we This is frost-damaged corn. have crisscrossed North Dakota this have enormous sympathy for Florida My colleagues can see what a totally summer. and are prepared to assist them and to different picture it is, the difference These headlines on the chart sum up vote for natural disaster assistance to between corn that is healthy and unaf- a little of what people in North Dakota them, they are not the only ones being fected and that which has been dam- have been reading all year: ‘‘Water Ev- affected by natural disasters. I wish it aged by frost. erywhere, While Deadline Looms to were not so. I wish nobody was being The losses in my State are now enor- Get Crops in the Ground.’’ What that is faced with natural disasters, but that mous and growing geometrically. Our talking about is that, in our State this is the circumstance we face. State university just did this assess- year, nearly 2 million acres were pre- On this most recent tour, this is a ment: Prevented planting losses as I vented from even being planted be- wheat field that we were looking at. described, 1.7 million acres, a loss of cause of extraordinary flooding. This is This is a wheat field in September. It is over $206 million; crop production a continuation of the flooding in the not up much past a person’s socks. losses, $264 million; crop quality losses, September 14, 2004 CONGRESSIONAL RECORD — SENATE S9187 another $58 million. Total losses in my who is next. Nobody can know who is I also thank Senator COCHRAN enor- State so far, $530 million. going to face a flood or a drought or a mously, because he has been so helpful Now, some say that is what crop in- hurricane. That is why we have always to us, and of course Senator BYRD. Ba- surance is for. Let me explain. Crop in- treated them as emergencies, with sically, last March we received what surance will only cover 40 percent of emergency funding. That is my inten- should have been a wake-up call when the loss, not even 40 percent of the loss, tion this year as well. terrorists blew up a commuter train in because of the way crop insurance I believe we have natural disasters. Madrid, Spain, killing nearly 200 people works. That is with the vast majority Nobody could have predicted Hurricane and injuring 1,400. I don’t think there is of my farmers buying crop insurance. Charley or Hurricane Frances or Hurri- any American who will not remember Some will say, gee, more farmers cane Ivan. And nobody could have pre- our shock and sadness at what oc- should have bought crop insurance. In dicted these terrible droughts. curred. my State more than 90 percent of the Senator NELSON from Nebraska said Obviously, we have to address the farmers do buy crop insurance. we ought to be naming droughts be- vulnerabilities of America’s rail sys- The way crop insurance works, it in cause then it would get more atten- tems. We must act now. I am so pleased no way makes one whole. It just offsets tion. It kind of personalizes things. that the bill before us includes more the losses, and when the losses are this People could understand when we are than $207 million for rail and transit massive and this significant, crop in- getting hit with a natural disaster, be- security. This amendment that Sen- surance only covers less than 40 per- cause it has a name. We don’t name ator CARPER has done so much work on cent. This shows net direct crop losses droughts. Maybe we should. We cer- and which I have worked with him on of almost $330 million. tainly name a hurricane and that helps will make it clear that all rail opera- The economists at our State univer- us personalize it and remember it. tors will be eligible for this vital fund- sity then did an analysis of what the Droughts and floods don’t have names, ing. This will allow the Secretary of indirect losses would be to the State. but I will tell you what, they affect Homeland Security to use full discre- Households will lose $511 million. Re- real people who have names. tion to allocate funds to those opera- tail sales will be reduced by $245 mil- I have gone all across my State in tors with the greatest need regardless lion, and put in the direct crop losses, dozens of farm meetings, all across the of whether they are local transit agen- that is an economic loss to North Da- northern tier of North Dakota with cies, Amtrak, or freight railroad. This kota’s economy of over $1 billion, and this devastating flooding, and all minor change will go a long way to- $1 billion to my little State is a huge across the southwestern part of my ward helping, and clearly many of us amount of money. I know in Wash- State with this disastrous drought. believe we need to do more. ington $1 billion may not seem all that These are real people, real families, I proudly sit on the Commerce Com- significant. It may not be all that sig- who are being devastated and, through mittee. That committee has now twice nificant in California or New York, but no fault of their own, they are on the voted out rail security bills that are in North Dakota $1 billion is real brink of being pushed off the farm. very strong. But adding more dollars to money. It means real hardship to real They have been devastated every bit as rail security would enable us to do people, people who deserve assistance more checking on what may be lying just as much as the people in Florida much as the people in Florida. All of on the railroad tracks and set up a sys- who have been devastated by hurricane them deserve our assistance and our tem so we can be sure that baggage on after hurricane. support. I hope very much our col- Our people have not been hit by a leagues will support this amendment. trains does not contain bombs. We have hurricane. They have been hit by flood- I yield the floor. K–9 teams. There are many things we want to ing, frost, and drought. What a per- Mr. COCHRAN. Mr. President, I sug- do. It is a great frustration for me that verse collection of natural disasters to gest the absence of a quorum. even though Senator MCCAIN and Sen- visit any State in any year. The ACTING PRESIDENT pro tem- The final point I wish to make to my pore. The clerk will call the roll. ator HOLLINGS and the whole com- colleagues who may be concerned that The legislative clerk proceeded to mittee in a bipartisan way passed rail- we are busting the budget is this is call the roll. road security not once but twice, that what has happened to the pattern of Mrs. BOXER. Mr. President, I ask bill sits at the desk, as does the port farm payments under the new farm unanimous consent the order for the security bill that we voted out, as does bill. The national press has missed this quorum call be rescinded. the nuclear plant security bill the En- story completely, I might say, but the The ACTING PRESIDENT pro tem- vironment Committee voted out, and fact is, farm program payments have pore. Without objection, it is so or- the chemical plant security bill. It is come down dramatically under the new dered. frustrating. But tonight, at least we farm bill. AMENDMENT NO. 3641 have a chance to do a little bit more This is where they were under the old Mrs. BOXER. Mr. President, I ask the for rail security. I am very grateful for farm bill, $32.3 billion in the year 2000; pending amendment be set aside and that. I know this amendment has been 2001 it came down to $22.1 billion; 2002, that we take up amendment No. 3641, cleared on both sides. $15.7 billion. Then we had a tick up in which has been cleared on both sides. I see Senator CARPER coming to the 2003 to $17 billion, and in 2004 they are The ACTING PRESIDENT pro tem- Senate floor, so I will yield the floor. anticipating the spending will be $11.5 pore. Is there objection? Without objec- But once more, I give him my tremen- billion. That is $20 billion less than tion, it is so ordered. dous thanks for his very hard work. It 2000. The national press has not re- The clerk will report. is wonderful to see that we can accom- ported this at all. The legislative clerk read as follows: plish something when we reach across The fact is, the new farm bill is cost- The Senator from California [Mrs. BOXER], the aisle. We have taken a big step. Of ing a lot less than what we were spend- for herself and Mr. CARPER, proposes an course, we want to take even bigger ing under the old farm bill, much less. amendment numbered 3641. steps to make sure our rail passengers This year, it is $20 billion less than the On page 20, line 14, strike ‘‘rail’’ and insert are safe. cost was going to be in 2000. ‘‘inter-city passenger rail transportation (as I will yield the floor at this time. I My colleagues know I have been vot- defined in section 24102(5) of title 49, United would like to know, because I would ing against waivers of the Budget Act States Code), freight rail,’’. like to leave the floor at this time, if it for amendment after amendment, and I Mrs. BOXER. Mr. President, this is a is OK to ask for this amendment to be have told my colleagues there is only very simple amendment. I give tremen- adopted in a unanimous consent fash- one exception for me and that is nat- dous thanks to Senator TOM CARPER of ion at the conclusion of Senators who ural disaster, whether it is Florida, Delaware who has worked so hard on wish to speak. Georgia, North Carolina, South Caro- this amendment, and Senator BIDEN for Mr. COCHRAN. Mr. President, if the lina, North Dakota, Minnesota, Mon- his strong support. They have been a Senator will yield, I am happy to ex- tana. real leadership team, in terms of real press my support for the adoption of The hard reality is, natural disasters security for Amtrak. I am pleased we this amendment on a voice vote at the are unpredictable. Nobody can know were able to work together. conclusion of the remarks of Senators S9188 CONGRESSIONAL RECORD — SENATE September 14, 2004 from Delaware and California or any which we work that is about 100 years National Association of Farmer Elect- other Senators who would like to old. There are concerns about the safe- ed Committees, National Association speak. ty and security of trains that go of State Departments of Agriculture, Mrs. BOXER. All right. At the end of through there. There is a tunnel under National Association of Wheat Grow- Senator CARPER’s remarks, if no other Baltimore that is about 130 or 140 years ers, National Barley Growers Associa- Senator seeks recognition, then he can old. There are six tunnels that are tion, National Cotton Council, Na- make that request. Would that be ap- about 100 years old which go in and out tional Council of Farmer Cooperatives, propriate at that time? of New York City and under the rivers. National Farmers Union, National Mr. COCHRAN. Mr. President, that They have problems with respect to Grain Sorghum Producers, National would be my suggestion. If the Senator ventilation, lighting, surveillance, and Milk Producers Federation, National will yield, we will adopt the amend- all kinds of safety concerns. They need Potato Council, National Sunflower ment on a voice vote at the conclusion to be addressed, and they can be ad- Association, Southern Peanut Farmers of the remarks of Senators who are in- dressed at least partly with money Federation, U.S. Canola Association, terested. made available here. USA Dry Pea & Lentil Council, USA Mrs. BOXER. My thanks to everyone Not all enhancements to safety and Rice Federation, and Women Involved involved. security for rail need to be as expensive in Farm Economics. I yield the floor. as fixing old tunnels. Some of them can Mr. President, I ask unanimous con- Mr. CARPER. Mr. President, before be as inexpensive as adding dollars for sent, if consent is necessary, to add as Senator BOXER leaves the Senate floor, an old technology—the ability of our cosponsors to the pending amendment I want to thank her for her tenacity K–9 corps to detect bombs and explo- Senator COLEMAN of Minnesota, Sen- and leadership on this issue. I think we sives. It is as good today as it was 20, ator DAYTON of Minnesota, and Senator have come to a conclusion. 30, or 40 years ago. With this money, CLINTON of New York. I see my senior Senator, Senator those folks who are running our inner- The PRESIDING OFFICER. Without BIDEN, has joined us as well. This is an city passenger rail will be able to bet- objection, it is so ordered. issue he has worked on longer than I ter use K–9, if that makes sense, for de- Mr. BAUCUS. Mr. President, I think have been in the Senate. I want to say tecting and ensuring our trains don’t the growing support indicates we to my friend, job well done. end up with explosives on board. should adopt this amendment. There I say to Senator COCHRAN and his Again, in conclusion, we have come may be a point of order raised. It would staff on the Senate floor, and Senator to a good place. This is not an amend- be a technicality. I hope if that is BYRD as well, thank you very much for ment that, frankly, asks for more raised, Senators will vote to waive that working with us in writing a very good money. It is an amendment that actu- point of order so we can help some peo- compromise. A number of us have ex- ally enables us to use some common ple in America, farmers and ranchers pressed concern upon learning that as sense in allocating the moneys that in various States all around our coun- money was added to this bill for transit have been added to the bill. It will try, who have suffered from drought security, there was an inability—in allow us to enhance the safety and op- disasters or, as in the case in North Da- fact, no ability—for us to access these eration of our commuter operations, kota—it is very interesting—from flood dollars to enhance security for inner- whether it be commuter trains or disaster. city passenger rail, on rails principally buses. Hopefully, we will also be able to It was very sad listening to Senator Amtrak, and to enhance the safety and use a good deal of this money to en- CONRAD speak about North Dakota, security of freight railroad operations. hance the safety of inner-city pas- As it turns out, the Northeast cor- how part of the State has been dev- senger rail and some of our freight op- astated by flooding, with 18 inches of ridor, which runs from Washington, erations. For that, I think we can all DC, up to Boston, MA, is owned by Am- rain in 1 day, if you can believe it. The be grateful. average annual rainfall in the upper trak. Not only do Amtrak trains ply I yield the floor. these corridors from here to Baltimore plains States is about 14 inches a year. The ACTING PRESIDENT pro tem- They had 18 inches in 1 day. That is in to Wilmington to Philadelphia and New pore. Is there further debate on the York, on to Boston, but you can stop in one part of North Dakota. In another amendment? If not, the question is on part of North Dakota, they have had Providence, the State of the Presiding agreeing to the amendment. Officer. Also, a lot of freight rail use the worst drought he has said he has The amendment (No. 3641) was agreed seen in his lifetime. these tracks. The tracks themselves, to. I might say, the condition is some- the overhead wires, the tunnels Mr. COCHRAN. Mr. President, I move what similar to that in Montana. through which these trains go, the to reconsider the vote. Northeast Montana is getting a little bridges over which they cross are Mr. REID. I move to lay that motion more moisture than it usually gets, but owned and operated by Amtrak. The on the table. southwest Montana is getting a lot less commuter trains that use the tracks The motion to lay on the table was than it normally gets. It is hard to from here to New York City and on up agreed to. to Boston in many cases are owned and Mr. COCHRAN. Mr. President, I sug- know where we are going to get operated by Amtrak. For us to have gest the absence of a quorum. drought and where we are not. But passed legislation here today which at- The ACTING PRESIDENT pro tem- there is drought. tempts to promote rail security at pore. The clerk will call the roll. We are asking to use the formulas least by giving money through State The legislative clerk proceeded to that are in the law; that is, the Emer- and local governments to transit oper- call the roll. gency Livestock Feed Program and the ations without allowing Amtrak to Mr. BAUCUS. Mr. President, I ask Crop Disaster Assistance Program. have any access to those moneys I be- unanimous consent that the order for Let’s use the formulas in the law. If lieve would be very shortsighted. the quorum call be rescinded. they need disaster assistance, we With the addition of this language The PRESIDING OFFICER (Mr. should give it to them. which we have worked out on the Re- SMITH). Without objection, it is so or- In addition, Mr. President, I ask publican and Democratic side, we have dered. unanimous consent to add Senator actually a larger pot of money than we Mr. BAUCUS. Mr. President, I would MURRAY as a cosponsor of the amend- started with. That is good. With the like to read a list of supporters of the ment. addition of this amendment, we have pending amendment which provides for The PRESIDING OFFICER. Without the ability to enhance the safety and emergency agricultural disaster assist- objection, it is so ordered. security of inner-city passenger rail op- ance: the Alabama Farmers Federa- Mr. BAUCUS. The more I speak, the erations and freight rail operations, tion, American Corn Growers Associa- more I am getting cosponsors. I ought too. tion, American Farm Bureau Federa- to keep talking. They are coming in at When I go home later this week, I tion, American Soybean Association, a rate of about four a minute. will probably take the train. There is a Georgia Fresh Fruit and Vegetable As- With that, I urge Senators to support tunnel that runs under this Capitol in sociation, Georgia Peanut Commission, this legislation. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9189 TREES Mayor of Saint Paul when the same our national farm organizations, such Mrs. CLINTON. I would like to en- flood ripped up parts of our capitol as the American Farm Bureau Federa- gage the Senator from Montana in a city. tion and the National Farmers Union. colloquy on Senate amendment No. Now, I know some folks think that Nebraska’s facing its fifth straight 3636, the agriculture disaster assistance we should not be providing disaster as- year of record drought, which as you amendment. I appreciate his hard work sistance to my farm families. They know has a damaging effect on the ag- in bringing this amendment forward. note that my farmers already have in- riculture industry, as well as the main New York’s farmers have suffered this surance. In fact, better than 95 percent street of every Nebraska community. year—both from heavy rains in July of my farm families do carry crop in- The same is true in Montana, North and from damaging winter frosts. In surance. But, those who face other Dakota, Kansas and other States as particular, both apple trees and grape kinds of disasters also carry insurance, well. Droughts, hurricanes, tornadoes vines were destroyed in New York this and yet this does not bar them from and earthquakes, are natural disasters past winter. And while the losses for disaster relief—nor should it. In fact, and deserve to be treated the same. this year’s crop will be covered by the folks who carry insurance on their Multiple years of drought have cost our crop disaster assistance provisions of cars, on their boats, on their busi- Nation billions of dollars in economic this amendment, it is the tree assist- nesses, and on their houses carry insur- losses and have many farmers won- ance program that assists growers in ance that—save the deductible—allows dering whether they’ll be able to carry replacing their lost trees and vines. So them to recoup the market value of on. I thank the Senator for including that what they have lost. Not so with farm- We were successful in 2003 in getting provision, and I would like to clarify ers. Our farmers have to absorb as assistance to our producers, but only with the Senator that the term ‘‘tree’’ much as 15 percent, 25 percent, 35 per- at half the amount necessary. We as used in his amendment is used in the cent, and sometimes even more of their passed a $3.1 billion assistance package same way as it is defined in the 2002 loss alone before they even begin to that was offset with farm bill pro- farm bill. That is, term ‘‘tree’’ in this qualify under their insurance policy. grams—a plan I opposed. I offered a $6 context means trees, bushes and vines, So, disaster assistance is meant to help billion emergency assistance package and would therefore assist New York’s bridge the gap that exists for farmers that if it had passed; we probably apple growers and grape growers alike. but not for others. wouldn’t be here today seeking what Mr. BAUCUS. I thank the Senator This disaster assistance amendment we were denied in 2003. from New York for her support of the is not out of bounds. It is the tradi- I have continuously worked for the amendment, and I assure her that the tional level of disaster provided in past additional assistance we have been un- Tree Assistance Program provision in years. There is a crop disaster payment able to secure. I have repeatedly called my amendment is intended to cover el- covering crops of every kind; a live- on the President and Congress to sup- igible losses of trees, bushes and vines. stock assistance program that helps port funding for drought aid for our Mrs. CLINTON. I thank the Senator our livestock producers recoup feed farmers and ranchers, and to fully fund for his assurance on this issue. costs resulting from natural disaster; the crop and livestock disaster pro- Mr. COLEMAN. Mr. President, I rise and a quality loss program to help pro- grams so critical to Nebraska’s farmers in strong support of the bipartisan ducers who do not suffer yield losses and ranchers. This is of the utmost im- amendment offered by my good friends but suffer quality losses that cut into portance to farmers and ranchers in and colleagues from Montana, Senators the price they receive in the market Nebraska and across all the areas suf- BAUCUS and BURNS, and am proud to be place. fering from this natural disaster. an original cosponsor of this measure Frankly, I believe it is time for us to The estimated cost for this disaster important to my State of Minnesota. put our heads together in a bipartisan assistance is $2.9 billion. The assist- Earlier this year, heavy precipitation fashion and craft a more coherent, pre- ance will be provided through emer- and moisture prevented many farm dictable, fiscally responsible, and long- gency assistance in the form of a Corp families from planting a crop at all and term policy that better addresses nat- Disaster Program, Quality Loss Pro- not long afterward, many of them lost ural disasters. I know that this has gram and a Livestock Assistance Pro- what they had planted. This led to a been attempted in earnest numerous gram. This assistance is targeted to disaster declaration request for three times in the context of crop insur- those who need it most. It will help re- especially hard hit counties along the ance—with considerable success—as cover eligible losses sustained by pro- Canadian border: Lake of the Woods, well as in the context of an emergency ducers in counties designated as pri- Roseau, and Marshall Counties. reserve or standing disaster program, mary or continuous disaster areas dur- Then, after a late start in the grow- albeit with less traction in this regard. ing the 2003 or 2004 production years. ing season, my State’s farm families But, clearly, we need to take another Producers can choose to claim losses were hit with a bizarre August, yes Au- hard look at this issue and see what we for either the 2003 or 2004 production gust, freeze that took its toll on an- can do about alleviating the need for years, but not both years. This flexi- other at least 29 counties for which dis- ad hoc relief like this, which is not bility will allow for ranchers and pro- aster declarations are being sought. very reliable to those it’s intended to ducers to seek assistance for the year This includes pretty much everything help and not the best option in terms with the greatest negative impact on north of Interstate 94 that runs from of Federal budgeting. their farm operation. the Twin Cities northwest toward I urge the amendment’s adoption, but I am happy to report that a similar Fargo Moorhead. I do so looking down the road a ways in effort is underway in the House of Rep- It’s been said that Minnesota is a hopes that, in the future, we find a new resentatives. Nebraska’s own TOM place with 9 months of winter and 3 and better way of addressing these cri- OSBORNE is leading a bipartisan effort months of poor sledding but a freeze in ses whose timing we can not always to secure relief for agriculture pro- August even surprised us. predict but whose occurrence we can ducers. I am hopeful that my Senate But all kidding aside, this has been a certainly all foresee. colleagues will join me in supporting rough season for my farm families and Mr. NELSON of Nebraska. Mr. Presi- this amendment. We must respond to depending on what happens in the next dent, I support our amendment to pro- the crisis this drought has caused in few weeks, it could get a lot worse and vide emergency drought disaster assist- Nebraska and our Midwestern neigh- become a statewide problem. My farm ance for farmers and ranchers who bors. families tell me, particularly south of have suffered under a prolonged—in Mr. BURNS. Mr. President, I am I–94, that they need an extra 15 days of some areas a 5 year—drought. I am pleased to join my fellow Senator from growing season beyond what is normal pleased to be working with Senators Montana in sponsoring this agricul- in order to get the heat units necessary CONRAD, BAUCUS, DORGAN, BURNS, ROB- tural disaster amendment. Agriculture to produce a decent crop. If they don’t, ERTS and BROWNBACK to offer this is Montana’s largest industry, and they are looking at some of the lowest amendment. It is a bipartisan amend- these persistent weather-related losses yields since the great flood of 1993, ment, with strong support. This are devastating to our economy. Farm- which I remember as the newly minted amendment has the strong support of ers and ranchers across the country are S9190 CONGRESSIONAL RECORD — SENATE September 14, 2004 struggling to cope with weather-re- I also cannot forget the eerie photo- cause it is part of what this country lated disasters, and this amendment graphs, taken earlier this summer, of a needs to do for those who have been hit will deliver needed relief to those pro- giant dust cloud that swept across with tough times. That is certainly the ducers. Whether we are talking about western Kansas. This dire result of con- case with respect to those hit by the hurricanes, floods, or the prolonged tinuous drought caused Interstate 70 to successive hurricanes in the southern devastation caused by drought, some of shut down, its dust inundated homes part of our country. My colleague from our producers are barely hanging on. and hospitals and even caused a tragic Montana and others have said that as I am particularly happy that this traffic accident that claimed the life of devastating as those hurricanes are— amendment responsibly targets assist- a distinguished Kansan, the late State and it is hard to adequately describe ance to those individuals who need it Senator Stan Clark. the devastation—there are, in addition most. It provides crop disaster assist- It may surprise my colleagues, but I to the damage from those hurricanes, ance, livestock disaster assistance, and am no fan of Federal disaster programs other areas of the country that have funds for the American Indian live- for agriculture. They are difficult to suffered weather-related disasters. stock feed program. It allows producers pass and often a disaster to implement. My State is one of those States. I to choose which year’s losses 2003 or It is unfortunate that the current will describe what has happened in my 2004 were the worst. In Montana, most farm bill, which I voted against, does State. folks suffered the biggest losses in 2003. not provide producers with assistance I have toured throughout the entire Our crop losses that year were over $70 when they need it most—when there is State of North Dakota in the past million. Livestock producers in many no crop to harvest. months. In the northern part of our counties in 2003 lost a good percentage Without the crop insurance program, State, torrential rains in the spring of their pasture land to drought. For which I fought to improve and enhance that came and stayed in a torrent of others, 2004 may have been the year in 2000, and additional Federal disaster moisture meant that 1.7 million acres that nearly finished them off. Nearly aid, many Kansas producers might not of ground could not even be planted in half of our grazing land is in poor or be around another year to continue North Dakota. Obviously, that is a se- very poor condition. Record low participating in the current farm bill. rious economic problem for our State, Mr. President, I stand in support of streamflows are still being recorded, but it is a devastating circumstance for the Baucus amendment. I urge my col- and our reservoirs are nearly empty. a farmer that had all of their ground leagues to do the same. And even though some of our wheat inundated by these torrential rains and I yield the floor and suggest the ab- couldn’t plant an acre. That is a per- producers had good yields, topsoil sence of a quorum. moisture is still well below average. sonal circumstance that is very dif- The PRESIDING OFFICER. The ficult because they will lose all of their The drought is far from over in Mon- clerk will call the roll. tana, and throughout the West. Some revenue. Many of them will go out of The legislative clerk proceeded to business. That is a time when disaster folks need the assistance for 2003 call the roll. losses, others for severe weather losses assistance is necessary. Mr. DORGAN. Mr. President, I ask In other parts of North Dakota in the incurred this year. This amendment unanimous consent that the order for southwestern corner, I had ranchers will let farmers and ranchers make the the quorum call be rescinded. tell me that from January 1 to July 1, right choice, based on their individual The PRESIDING OFFICER. Without they received 2.2 inches of moisture situation. objection, it is so ordered. total in 6 months. One can imagine I know some of my colleagues have Mr. DORGAN. Mr. President, I have what their crops look like. concerns about the price tag of this been in a markup of the Appropriations These are two pictures from my bill, and I admit it worries me too. But Committee for the past several hours. I State. They describe the circumstances there are people back home who might wanted to be here when my colleagues faced by producers. This is a field inun- not make it another year if they don’t offered the disaster relief legislation. I dated with water. It would not have get relief from the impacts of a 6-year was not able to be here at that point, been planted, and this farmer would drought. Drought is a silent killer. It but let me add to the comments that not have an opportunity to make a liv- doesn’t make headlines, and few tele- have been made by my colleague from ing by planting this field because the vision stations report on it. This as- Montana, Senator BAUCUS, and my col- field will be prevented from being sistance is essential for those people league from North Dakota, Senator planted by this water. just like it is critical for farmers with CONRAD, and many others. This, in the same State, looks like a flooded cropland, or producers with un- The amendment that has been of- moonscape. It is an area that is com- expected summer frost damage. This fered, as a bipartisan amendment on pletely without moisture, a bill is targeted to just those who meet behalf of Republicans and Democrats pastureland that has no growth. These certain loss thresholds, to make sure who represent a significant part of are from the same State in the same that assistance goes where it is most farm country, is to ask the Congress to year. needed, whether that need be in Flor- consider passing a disaster bill to re- We had, in addition to the torrential ida, Maine, or Montana. We cannot dis- spond to weather-related disasters in rains and the drought in different parts criminate between producers or disas- our part of the country. of the State, in the month of August, ters. Let me begin by saying it is my in- strangely enough, a frost, and then a I thank my colleagues for their sup- tention that I would support all and freeze. What happened as a result? My port of this amendment, and look for- any resources that are necessary to re- colleagues can look at a cob of corn. ward to its adoption. spond to those who have been dev- This shows a healthy cob of corn. That Mr. ROBERTS. Mr. President, today astated by successive hurricanes. is what you get when you produce it I rise in support of the Baucus amend- Those in Florida and other parts of and you have the heat units and you ment. This amendment ensures that the Southeast, and now those in the are able to harvest and pick the corn. farmers and ranchers across the coun- gulf area who may well be hit by an- Here is what happens when you have a try will receive assistance for losses other hurricane, have had a dev- freeze in August, exactly when corn sustained through natural disasters. astating time of it. It is sad to see the needs heat units to grow. Perhaps even In Kansas this assistance is critical plight of the victims on television more dramatic, here is what a healthy to provide aid to our farmers and when these hurricanes come through field of soybeans looks like. We have a ranchers who have been hit hard by a and destroy property and destroy lot of acres of soybeans. It looks great, multiyear drought. While many have homes and destroy livelihoods. It is a a beautiful green field. viewed the terrible destruction pretty awful scene. When that happens, Here is what that same field looks wrought across Florida and the South- this country has an obligation to ex- like after you have a freeze in the eastern U.S. by successive hurricanes tend its hand to those victims and say: month of August when you need the in recent weeks, I cannot forget the You are not alone. This country wishes heat units to be able to have these terrible drought that has continued to to help. beans reach maturity and growth. grip much of the western portion of I have always voted in favor of dis- It is estimated by North Dakota Kansas. aster assistance and always will be- State University that in North Dakota, September 14, 2004 CONGRESSIONAL RECORD — SENATE S9191 the impact of these weather-related Mr. DORGAN. I am happy to yield for the aisle recognize the importance of disasters was about $1 billion total. a question. ensuring that victims of agriculture The impact on farmers is more than Mr. JOHNSON. We all feel for the disaster are deserving of a comprehen- half a billion dollars. And that which is enormous damage that has occurred in sive assistance package. I am pleased above that, which crop insurance would the State of Florida, and there is great to support this amendment and am pay, is over a third of $1 billion. That risk that there will be additional dam- hopeful for the impact on South Da- is a weather-related series of disasters age in other Southern States from kota agriculture. that is significant and troubling to the these hurricanes. One of the great I have walked across fields of South producers in our State. problems that strikes me about the Dakota that frankly look like a moon- My colleague described the cir- kinds of disasters we are talking about scape, where there is nothing growing. cumstances in Montana. Others will de- in the northern plains, where we have It is simply dirt. Stock dams where scribe circumstances in their States. had this severe drought year after year there is either no water, or the water is The point is, this damage was not from after year, and the Missouri River now, of such poor quality, it is so murky a hurricane that came with a fury and I am told, is at the lowest level in liv- that it would be a mistake to allow in just a matter of days blew its way ing memory, or at least since it was cattle even near the water. In fact, through and devastated a lot of prop- impounded into the Missouri River there are stories of pulling cattle out erty. In most cases, this was either a Dam, one of the characteristics of that with a tractor because they get mired slow motion drought that just drained kind of disaster is that it is as pro- in the mud. It would seem to me that the life from the soil, or torrential found as a hurricane, but it is in slow this disaster, although different in na- rains, as happened in the northern part motion. It does not turn buildings up- ture than the others, is equally as pro- of North Dakota that made 1.7 million side down, and it doesn’t throw cars found, equally as damaging, and has an acres unplantable. Those, too, are around. But what it does to the Earth equally long-term negative con- weather-related disasters and cir- and the lives of these producers is cata- sequence on those who are victimized cumstances in which the Congress strophic. as any other disaster that may be should want to—and I expect will want I am especially pleased with the re- striking America today. to—reach out its hand to say you are cently adopted drought provision to Does my colleague see it in that per- not alone to family farmers and ranch- the American Jobs Creation Act. With spective? ers trying to make a living, trying to my support, the Senate adopted legis- Mr. DORGAN. Senator JOHNSON has survive tough times, trying to deal lation authored by Senator DASCHLE described well the circumstance in a with weather-related disasters by that would provide increased flexibility number of areas. themselves. for livestock producers to rebuild their I have seen big, strong family farm- I hope this Congress will, once again, herd after drought. The legislation ex- ers and ranchers with tears in their say to those family farmers and ranch- tends the amount of time from two to eyes describing circumstances where ers: You are not alone. You don’t have four years that producers have to rein- they approached this year with some to deal with this by yourself because vest an amount equivalent to the sale hope and then discovered that almost we know you can’t. When you lose all of cattle into their farm through the everything they intended to do was sources of revenue for an entire year, purchase of machinery or equipment gone. The grain they planted was then we want to help. with no tax owed whatsoever. Unfortu- washed away, or the field they in- I have served in the House and the nately, the American Jobs Creation tended to plant was inundated with Senate. I don’t believe I have ever Act has failed to emerge from con- water and they couldn’t plant it, or in failed to support disaster assistance ference so that it can be voted on by the Southwest they planted seeds and when it is necessary. I will continue to this body. I am hopeful that we will see they never grew because they got no aggressively support disaster assist- this bill emerge from conference soon, moisture. It is a devastating cir- ance again now for the people of Flor- ida, the Southeast, the people in the and that this exceptionally beneficial cumstance. The network of farmers around this gulf region who may be hit. We need to provision will be included. The United States Department of Ag- country who live on the land, under pass that disaster assistance. I will riculture (USDA) released $1.9 million that yard light all by themselves, they strongly support that. The amendment being discussed is of- in unused Emergency Conservation live on hope. They risk everything in fered by my colleague and me and oth- Program (ECP) funding for stopgap the spring to put a seed in the ground. ers who say there are other weather-re- water hauling measures, and author- They live on hope that somehow it will lated disasters as well that we need to ized emergency grazing on Conserva- grow, that somehow they won’t get too deal with in this bill. We expect our tion Reserve Program (CRP) acres in much rain but they will get enough colleagues will understand that. But it limited counties across the country. In rain, that they won’t have crop disease, should not in any way be misinter- South Dakota, only parts of a few that all of these things will happen, preted as wanting to hold up the nec- counties have qualified for emergency and they will be able to harvest and essary resources to deal with and to grazing. These measures fail to provide maybe somehow there will be a good help make whole those—I guess we any substantive relief for our agri- price when they harvest. probably never make whole people who culture producers during an exceed- But it has been devastating when have suffered a disaster, but at least to ingly challenging time. I am also con- they can’t plant a seed that will grow say to those folks who have been hit cerned for the Agriculture Secretary’s because there is no moisture, or when over and over again by the vicious hur- recent decision regarding emergency they can’t plant a seed at all because ricanes: You are not alone. This coun- nonfat dry milk assistance. Although the water has inundated their land. try wishes to help. We are determined nine states and 95 counties were in- They set their jaw and they act like, to do that. cluded in this program, South Dakota well, they will get through this. But I am pleased to at least raise my was excluded from this assistance. many of them have told me that they voice to say I am going to be one per- In 2002 and 2003, Senator DASCHLE and won’t get through this. You can’t live son who supports aggressively that I pushed for a $6 billion drought relief without income, especially with the which is needed for the citizens of Flor- plan that would have helped many cost of doing business on family farms ida and other parts that have been af- farmers and ranchers make it through these days. fected by hurricanes. My hope is that this multi-year drought. President That is why at this time, in this cir- they, too, will help our family farmers Bush and others in the Senate opposed cumstance, my colleagues who have and ranchers in South Dakota and our proposal and in the end, would only joined in offering this amendment are North Dakota, Montana, and other re- allow a $3 billion package to pass. simply saying let’s say to these folks gions of our northern Great Plains that While it has taken an enormous as well you are not alone. They have have been hard hit by weather-related amount of time and effort to secure bi- had a tough time. This, too, is a weath- disasters this year. partisan support for relief in such a er-related disaster. Let’s recognize it Mr. JOHNSON. May I put a question harsh budgetary year, I am pleased to and deal with it in an appropriate way. to my colleague? see that Senators from both sides of That is what this legislation does. S9192 CONGRESSIONAL RECORD — SENATE September 14, 2004 We have done this before. It is time want to help farmers, I think we can ricultural losses in his request. He has now, and there is a need to do it find a couple billion dollars in offsets. not. So how do we address this, since again—to say to family farmers and We did last year. Why can we not find the needs are obviously there? ranchers in this country: You matter; an offset to pay for it this year? Presently, there are discussions we care whether you exist out there. I make those comments. Senator going on between my office and the You are part of the culture of this REID urged us time and again to do the sponsors of this amendment. There is a country in which family values exist, urgent supplemental separate from little bit in this amendment for Flor- nurturing, refreshing families’ values Homeland Security. We just received ida agricultural losses from the two from small towns to big cities. the President’s request, which was $3.1 hurricanes, but it is somewhere in the That is part of the important culture billion, and it didn’t include this. To range of $150 million to $300 million. of this country. When they are in trou- pass an urgent emergency supple- That is a drop in the bucket compared ble, this country is in trouble. I hope mental takes 60 votes, and it is this to what the elected Florida agriculture we will agree to advance this amend- Senator’s intention to hopefully join commissioner has totaled up the losses ment as we will advance all the help with Senator COCHRAN and Senator at, which is $2 billion. necessary for the hurricane victims. STEVENS in objecting to the emergency It is my hope that we are going to be I yield the floor. designation and making the budget able on this amendment—if we proceed The PRESIDING OFFICER. The Sen- point of order on this amendment, and with this amendment, I will certainly ator from Oklahoma is recognized. passing Homeland Security. support it because, as all of these Sen- Mr. NICKLES. Mr. President, I will Let’s finish the job we have at hand. ators from the Midwest, both Repub- make a few comments concerning the We have a real problem. Senator COCH- lican and Democrat, say, disaster Baucus amendment requesting $2.65 RAN has done an outstanding job in doesn’t know anything about partisan billion of drought assistance. I have managing the bill. He has already de- politics. Disaster knows something two or three comments. One, it doesn’t feated amendments that totaled over about hitting people where it hurts belong on this bill. This is the Home- $19 billion—not including the amend- them, and that is one of the reasons land Security bill. This is not an agri- ments this afternoon—for 2004, and $256 you have the Federal Government to culture bill, not even an urgent supple- billion I think over a 10-year period of protect people and to respond in times mental bill. time, using budget points of order. A of disaster. Senator REID, the assistant minority budget point of order lies against this So I am going to help these Senators leader, has stated repeatedly let’s do amendment as well. with their amendment. What I am hop- ing is that through our discussions we the supplemental separately from So I compliment Senator COCHRAN Homeland Security. I happen to think for his leadership and urge our col- can expand this so it can be acceptable he is right. One could debate it, but he leagues who are pushing this amend- and address the needs of Florida agri- stated repeatedly and recommended ment to postpone it, hold it back an- culture after these back-to-back hurri- strongly to the Senate to have a sepa- other day, or find offsets to help pay canes. If those discussions are not fruitful, then it is my intention that I rate bill on the President’s request. for it. That is what we did last year. It will offer an amendment to this bill for The President requested yesterday had strong support last year after it the disaster to Florida agriculture. $3.1 billion for hurricane relief. He re- was paid for. quested it yesterday. That doesn’t If memory serves me correctly—and I That will be somewhere in the range of mean it has to be done on the Home- am stretching it—early last year we about a billion dollars in losses, which will not even get anywhere close to the land Security bill. Senator REID considered this and, initially, people estimated $2 billion, but it will be a thought it should not be on this bill. tried to pass it without offsets. Objec- We don’t even have that amendment. step in the right direction. tions were raised and eventually some Now, this is, as you know, ‘‘no fool- The President didn’t request drought offsets were found. That was done in ing’’ time. assistance. I looked back over the his- the early part of last year. That was We have just been hit by two hurri- tory of drought assistance and I see a done in February of 2003. I don’t think canes. There is a third on the way. And lot of requests. In 2002, we had $600 mil- we should just be adding another $2.5 until 2 days ago, that third one was lion, I guess, in drought assistance. In billion to our debt and deficit in this headed for Florida. As a matter of fact, 2003, it was $3.6 billion. manner. So I urge our colleagues, at until a day ago, that third one was But I might say it was offset by re- the appropriate time, to support a headed for Florida, and that centerline ductions in other programs in the Agri- budget point of order against this now on the projected path is shifting to culture Committee. How can we pay for amendment. the West, and that centerline is headed this request, because we don’t have the I yield the floor. straight for the State of the Senator Agriculture bill up to have offsets? The PRESIDING OFFICER. The Sen- from Mississippi. This bill is not offset. This is just to ator from Florida is recognized. We know there is an error because in add $2 billion or $3 billion of additional Mr. NELSON of Florida. Mr. Presi- hurricane path projection, it can either money. I would like to have it be paid dent, the amount just referred to as an go to the right or to the left. In the for. I might support it if it is paid for. urgent supplemental requested by the projected path, it can go all the way I might not. I want to see how it is paid President of $3 billion is the money over into the panhandle of Florida, or for. I know in this case it is not paid that is requested by the President for it can go all the way to the left, as far for. It would add to the deficit. I am Florida’s two hurricanes that just hit as New Orleans. It is about a day out. not willing to do that. So a budget us. It does not include any amount for It is churning in the Gulf of Mexico, point of order will lie against the agricultural losses. The $3.1 billion in- moving in a northward direction. amendment, and this Senator plans on cludes Department of Defense losses, What I am saying is if it continues on making one. NASA losses, Small Business Adminis- its present path to Mississippi or to I don’t think this is the way we tration losses. FEMA itself is $2 billion Alabama or to Louisiana, there are should do business. I think we should of that, with all of these ongoing ex- going to be other Senators who are follow the regular order, to the extent penses of the back-to-back hurricanes. going to be in here trying to help their we can. We should be talking about an What is missing from the President’s people. This Senator is going to help appropriations bill and maybe consider request is the agricultural losses, them when that happens because that the President’s request. If Congress which are substantial, from these two is the right thing to do. Now it is the wishes to change it or alter it, I guess hurricanes. For example, the citrus right thing to do to help the people of we have the right to do so. But to try crop alone is over $1⁄2 billion in losses. Florida. to double it, when we just got the The nursery industry, which is a huge I yield the floor, Mr. President. President’s request, and not even con- industry in Florida, has losses of $1⁄2 Mr. COCHRAN. Mr. President, I do sider an offset, not even look at an off- billion. not know if there are other Senators set, I think is a serious mistake. Now, the question is, How do we ad- who wish to continue to debate. If I don’t know if this is more about dress this? I was expecting that the there are, this would be a good time to helping farmers or politicians. If you President was going to include the ag- do it. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9193 Mr. BAUCUS. Mr. President, very Let’s help each other. Let us help peo- I support the Baucus amendment. I briefly, I heard two arguments from ple in various parts of our country, not appreciate him raising it. one Senator as to why this pending only in Florida, but in other parts of It is difficult because we are in a amendment, agricultural disaster as- America who are hurt very much by budget situation where we all want to sistance, should not pass. It is a very agricultural disasters. get this budget more under control. technical argument that it violates the Mr. President, I yield the floor. I do Yet I do not think that is the place to Budget Act. not know what the chairman has in do it in a situation where we have peo- I remind my colleagues, the unani- mind, but I hope whatever it is we can ple suffering because of natural disas- mous consent agreement that applies move rather quickly. ters or natural causes. So I am pleased to this bill, to this amendment basi- The PRESIDING OFFICER. The Sen- that the amendment has been brought cally says first-degree amendments are ator from Mississippi. up. I am a cosponsor and am pleased to in order: First-degree amendments are Mr. COCHRAN. I know some Sen- support it. in order, that they be related to the ators who are interested in this issue I yield the floor. text of the bill, homeland security, and are in discussions off the Senate floor, The PRESIDING OFFICER. The Sen- also natural disasters. and pending completion of those, I sug- ator from Missouri. This is a natural disaster amend- gest the absence of a quorum. Mr. TALENT. Mr. President, I cer- ment. It clearly is contemplated by the The PRESIDING OFFICER. The tainly appreciate the efforts of the unanimous consent agreement. The ar- clerk will call the roll. Senator from Montana to make certain gument was made: Not on this bill. The legislative clerk proceeded to our farm families do not lose, as the call the roll. That is clearly not an argument be- Senator from Kansas said, because of Mr. BROWNBACK. Mr. President, I cause the unanimous consent agree- the droughts that have periodically ask unanimous consent that the order struck the Midwest. Missouri has suf- ment clearly contemplates amend- for the quorum call be rescinded. ments that relate to natural disasters. The PRESIDING OFFICER. Without fered as well. I am very interested in So that argument is gone. That is objection, it is so ordered. this issue being worked out in a way wrong. Mr. BROWNBACK. Mr. President, I that is satisfactory. The second argument was made: Gee, wish to speak briefly in favor of the I do want to take a minute, though, the cost violates the Budget Act. A Baucus amendment because of the situ- on a different subject to thank the very simple point I make is if one ation in my home State. Parts of my ranking member and the chairman for wants to press that argument, it also State have had the worst drought in a what I understand is an agreement on a applies to disaster assistance for the century. It is being compared by some sense-of-the-Senate resolution I have State of Florida. veteran farmers to what they wit- offered in the form of an amendment, Agricultural disaster assistance is nessed in the Dust Bowl era—crops and I think it is going to be added later the same as Florida hurricane disaster withering and dying in the fields before on a voice vote. I believe it has been assistance under the Budget Act. They the farmers’ eyes without any ability cleared on both sides. I wanted to make are the same. They are technically the to address it. the Senate aware of the importance of same. There can be a point of order I grew up on a farm. My family still this subject. made against both. Sixty votes are re- farms. I was secretary of agriculture in We had a situation in St. Louis last quired. I do not know whether the Kansas. I have seen these situations. year where our local Jewish commu- other side is going to make a point of The one point I want to add—I think nity was hosting the Maccabee Games. order against the Florida hurricane people pretty well understand these It is an international event where Jew- disaster assistance. I frankly doubt it. issues—what I want to address is that ish youths come and participate in ef- I think it would be very unwise. The in some disaster relief—and we seem to fect in Olympic games. Obviously, it is very same law, the Budget Act, applies be in a cycle because we have disasters an event with special security risks in to the pending amendment, which is hitting every year, but it is a compas- today’s day and age. Locally, we need- the amendment providing for agricul- sionate society that tries to help those ed several hundred thousand dollars in tural disaster assistance. in the worst situation. But more than extra funds for security. I say to my colleagues, what is sauce that, they do not win if they get hit by The State had the Federal homeland for the goose is sauce for the gander. a disaster and then we do disaster defense money but not in the right ac- We are Americans, and let’s work to- drought assistance. I have not seen count, and despite all of our efforts on gether as Americans. Let’s help people people come out ahead. a Federal, State, and local level, we who need help, and those are our farm- What we try to do is get them back were unable to free up dollars to pro- ers, ranchers, and Floridians because of toward zero so they do not lose too vide for the necessary security. It the hurricanes—all of us. I see no rea- much money, so they can continue to ended up being okay, but it did not son why a point of order should be farm and continue to operate their have to end up okay. As a result of made. And, second, if it is made, I see ranch and work their crops. That is that, I have become very interested in no reason why the point of order should what we are trying to do, to help peo- allowing at least some discretion on be sustained. We are talking again ple sustain themselves and not have to the part of the Secretary and the Di- about natural disasters that apply— go out of business altogether. They are rector of the Office for State and Local this amendment does not apply to not hitting the jackpot when we pass Government Coordination to approve Florida, but it is tied with it because these types of bills. They are simply waiver applications on the part of the we are going to have that in the next trying to sustain themselves in their State to reprogram some of their Fed- several days. They are all the same. We operations—a commodity-based busi- eral grant homeland money when some are all in the same boat. ness. Margins are thin, and it is dif- new kind of security issue arises that I very much hope this does not be- ficult to make it. So we try to help was unforeseen when they originally come a partisan political measure. I do them. applied for those grants. not think it is. I remind my colleagues Crop insurance is helpful, it is impor- So the sense-of-the-Senate resolution of the bipartisan support of this tant, but despite its critical value to in effect says that we ought to be able amendment. Senator BROWNBACK of farmers, it cannot mitigate effects of to do that. It is a first step toward Kansas is a cosponsor. Senator BURNS, prolonged drought and its impact in what I hope will be a successful change my colleague from Montana, is a co- the area. And the weather condition in the law by allowing this kind of dis- sponsor of this amendment. Senator has been building for several years. cretion in these kinds of cases. COLEMAN from Minnesota told me an Fortunately, in areas of my State this I ask Senators to think about the sit- hour ago he wants to be a cosponsor of has broken. Not all areas. uation because it could come up in this amendment. Senator ROBERTS of I was at the State fair this past anybody’s State where an unforeseen Kansas is a cosponsor of this amend- weekend and people continue to cite new security risk arises and their local ment. Senator HAGEL of Nebraska is the problem they are having with the authorities have to spend substantial also a cosponsor of this amendment. I drought and this continuing cycle of dollars in order to be able to deal with hope Senators can all work together. lack of rainfall. it. That is exactly what we have this S9194 CONGRESSIONAL RECORD — SENATE September 14, 2004 homeland defense money for. Under (1) the Department’s plan and associated AMENDMENT NO. 3633 certain circumstances, they will be un- timeline for the mapping of the United (Purpose: To require a report on processes able to access it without some kind of States critical infrastructure; for issuing required permits for proposed discretionary waiver authority being (2) an assessment of the resource require- liquefied gas marine terminals) ments of relevant States, counties, and local On page 14, line 19, strike the period and allowed the department. I hope we can governments so that full participation by follow up on this sense-of-the-Senate insert the following: ‘‘: Provided further, That those entities may be integrated into the not later than 90 days after the date of the resolution with an appropriate change plan; enactment of this Act, the Secretary of in the underlying authorization. (3) the Department’s plan for oversight of Homeland Security shall submit to the Com- Again, I appreciate the help of the all geospatial information systems manage- mittees on Appropriations of the Senate and Senator from Mississippi and the dis- ment, procurement, and interoperability; the House of Representatives, the Committee tinguished Senator from West Virginia and on Commerce, Science, and Transportation in getting this amendment cleared. (4) the timeline for creating the Depart- of the Senate, the Committee on Energy and ment-wide Geospatial Information System Commerce of the House of Representatives, I yield the floor and I suggest the ab- capability under the direction of the Chief and the Committee on Transportation and sence of a quorum. Information Officer. Infrastructure of the House of Representa- The PRESIDING OFFICER. The tives, a report on opportunities for inte- AMENDMENT NO. 3603 clerk will call the roll. grating the process by which the Coast The assistant legislative clerk pro- (Purpose: To require a GAO report on em- Guard issues letters of recommendation for ceeded to call the roll. ployment discrimination complaints relat- proposed liquefied natural gas marine termi- Mr. COCHRAN. Mr. President, I ask ing to employment in airport screener po- nals, including the elements of such process sitions in the Transportation Security Ad- relating to vessel transit, facility security unanimous consent that the order for ministration) assessment and facility security plans under the quorum call be rescinded. the Maritime Transportation Security Act, The PRESIDING OFFICER. Without On page 39, between lines 5 and 6, insert the following: and the process by which the Federal Energy objection, it is so ordered. Regulatory Commission issues permits for Mr. COCHRAN. Mr. President, I am SEC. 515. (a) Congress finds that (1) there is such terminals under the National Environ- disproportionate number of complaints mental Policy Act: Provided further, That the pleased to advise the Senate that we against the Transportation Security Admin- have been able to reach agreement to report shall include an examination of the istration for alleged violations of equal em- advisability of requiring that activities of recommend approval of several amend- ployment opportunity and veterans’ pref- the Coast Guard relating to vessel transit, ments offered by Senators on both erence laws as those laws apply to employ- facility security assessment and facility se- sides of the aisle. I am prepared to pro- ment of personnel in airport screener posi- curity plans under the Maritime Transpor- pound a unanimous consent request. tions in the Transportation Security Admin- tation Security Act be completed for a pro- istration, and (2) there is a significant back- AMENDMENTS NOS. 3589, 3603, 3611, 3633, 3634, 3635, posed liquefied natural gas marine terminal log of those complaints remaining unre- 3638, 3640, 3642, AND 3645, EN BLOC before a final environmental impact state- solved. I ask unanimous consent that the ment for such terminal is published under (b)(1) Not later than 180 days after the date the Federal Energy Regulatory Commission Senate proceed to the en bloc consider- of the enactment of this Act, the Comp- process.’’. ation of the following amendments: No. troller General shall submit to Congress a AMENDMENT NO. 3634 3589 proposed by Mr. ALLARD; No. 3611 report on the personnel policies of the De- (Purpose: To require reports on the Federal proposed by Ms. MIKULSKI; No. 3634 pro- partment of Homeland Security that apply Air Marshals program) to the employment of airport screeners in posed by Mrs. BOXER; No. 3603 proposed On page 39, between lines 5 and 6, insert the Transportation Security Administration, by Ms. LANDRIEU; No. 3640 proposed by the following new section: particularly with regard to compliance with Mrs. BOXER; No. 3642 proposed by Mrs. SEC. 515. Not later than 90 days after the equal employment opportunity and veterans’ date of enactment of this Act, and every 90 BOXER; No. 3633 proposed by Mr. REED preference laws. of Rhode Island; No. 3638 proposed by days thereafter, the Secretary of Homeland (2) The report under this subscription shall Security shall provide to the Committee on Mr. HATCH; No. 3635 proposed by Mr. include an assessment of the extent of com- Commerce, Science, and Transportation and FEINGOLD; and No. 3645 proposed by pliance of the Transportation Security Ad- the Subcommittee on Homeland Security of Mrs. DOLE. ministration with equal employment oppor- the Committee on Appropriations of the Sen- I understand these amendments are tunity and veterans’ preference laws as those ate, a classified report on the number of indi- cleared on both sides of the aisle, and I laws apply to employment of personnel in viduals serving as Federal Air Marshals. urge that they be adopted en bloc. airport screener positions in the Transpor- Such report shall include the number of Fed- The PRESIDING OFFICER. Without tation Security Administration, a discussion eral Air Marshals who are women, minori- objection, the Senate will proceed to of any systemic problems that could have ties, or employees of departments or agen- caused the circumstances giving rise to the cies of the United States Government other the consideration of the amendments disproportionate number of complaints de- than the Department of Homeland Security, en bloc. scribed in subsection (a), and the efforts of the percentage of domestic and international Mr. COCHRAN. I ask unanimous con- the Secretary of Homeland Security and the flights that have a Federal Air Marshal sent that the amendments be agreed Under Secretary for Border and Transpor- aboard, and the rate at which individuals are to. tation Security to eliminate the backlog of leaving service as Federal Air Marshals. The PRESIDING OFFICER. Without unresolved complaints and to correct any AMENDMENT NO. 3635 objection, it is so ordered. The amend- systemic problems identified in the report. (Purpose: To provide a data-mining report to ments are agreed to. (3) In conducting the review necessary for Congress) The amendments were agreed to, as preparing the report, the Comptroller Gen- At the appropriate place, insert the fol- eral shall examine the experience regarding follows: lowing: the airport screener positions at particular SEC. ll. DATA-MINING REPORT. AMENDMENT NO. 3589 airports in various regions, including the (a) DEFINITIONS.—In this section: (Purpose: To provide for a report on common Louis Armstrong New Orleans International (1) DATA-MINING.—The term ‘‘data-mining’’ geospatial awareness of critical infrastruc- Airport. means a query or search or other analysis of ture) AMENDMENT NO. 3611 1 or more electronic databases, where— On page 39, between lines 5 and 6, insert (A) at least 1 of the databases was obtained (Purpose: To ensure the fiscal year 2004 over- the following: from or remains under the control of a non- time cap applies to certain Customs Serv- SEC. 515. (a) Not later than 3 months after Federal entity, or the information was ac- ice employees) the date of enactment of this Act, the Sec- quired initially by another department or retary of Homeland Security shall submit a On page 39, between lines 5 and 6, insert agency of the Federal Government; report to the Committees on Appropriations the following: (B) the search does not use a specific indi- of the Senate and the House of Representa- SEC. 515. Notwithstanding any other provi- vidual’s personal identifiers to acquire infor- tives and to the Committee on Governmental sion of law, the fiscal year 2004 aggregate mation concerning that individual; and Affairs of the Senate and the Committee on overtime limitation prescribed in subsection (C) a department or agency of the Federal Homeland Security of the House of Rep- 5(c)(1) of the Act of February 13, 1911 (19 Government or a non-Federal entity acting resentatives on the implementation of U.S.C. 261 and 267) shall be $30,000 and the on behalf of the Federal Government is con- Homeland Security Presidential Directive total amount appropriated by title II under ducting the query or search or other analysis Seven. the heading ‘‘CUSTOMS AND BORDER PROTEC- to find a pattern indicating terrorist, crimi- (b) The report under this section shall in- TION SALARIES AND EXPENSES’’ is hereby re- nal, or other law enforcement related activ- clude— duced by $1,000,000. ity. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9195

(2) DATABASE.—The term ‘‘database’’ does AMENDMENT NO. 3642 of the Federal Aviation Administration to not include telephone directories, informa- (Purpose: To require a report on protecting certify the airworthiness and safety of tech- tion publicly available via the Internet or commercial aircraft from the threat of nology and systems to protect commercial available by any other means to any member man-portable air defense systems) aircraft from the risk posed by MANPADS in of the public without payment of a fee, or On page 39, between lines 5 and 6, insert an expeditious manner. databases of judicial and administrative the following new section: (c) The report required by subsection (a) opinions. SEC. 515. (a) The Secretary of Homeland shall be transmitted to Congress along with the budget for fiscal year 2006 submitted by (b) REPORTS ON DATA-MINING ACTIVITIES.— Security, in coordination with the head of the President pursuant to section 1105(a) of (1) REQUIREMENT FOR REPORT.—The head of the Transportation Security Administration each agency in the Department of Homeland and the Under Secretary for Science and title 31, United States Code. Security or the privacy officer, if applicable, Technology, shall prepare a report on pro- AMENDMENT NO. 3645 that is engaged in any activity to use or de- tecting commercial aircraft from the threat (Purpose: To provide that funds appropriated velop data-mining technology shall each sub- of man-portable air defense systems (referred to the Bureau of Customs and Border Pro- mit a public report to Congress on all such to in this section as ‘‘MANPADS’’). tection be used to enforce the provisions (b) The report required by subsection (a) activities of the agency under the jurisdic- relating to textile transshipments provided shall include the following: tion of that official. for in the Customs Border Security Act of (1) An estimate of the number of organiza- (2) CONTENT OF REPORT.—A report sub- 2002, and for other purposes) tions, including terrorist organizations, that mitted under paragraph (1) shall include, for have access to MANPADS and a description On page 6, line 2, strike the period and in- each activity to use or develop data-mining of the risk posed by each organization. sert ‘‘: Provided further, That of the total technology that is required to be covered by (2) A description of the programs carried amount provided, not less than $4,750,000 the report, the following information: out by the Secretary of Homeland Security may be for the enforcement of the textile (A) A thorough description of the data- to protect commercial aircraft from the transshipment provisions provided for in mining technology, the plans for the use of threat posed by MANPADS. chapter 5 of title III of the Customs Border such technology, the data that will be used, (3) An assessment of the effectiveness and Security Act of 2002 (Public Law 107–210; 116 and the target dates for the deployment of feasibility of the systems to protect com- Stat. 988 et seq.).’’. the data-mining technology. mercial aircraft under consideration by the On page 8, line 18, strike the period and in- (B) An assessment of the likely impact of Under Secretary for Science and Technology sert ‘‘: Provided further, That of the total the implementation of the data-mining tech- for use in phase II of the counter-MANPADS amount provided for, not less than $4,750,000 nology on privacy and civil liberties. development and demonstration program. shall be for the enforcement of the textile (C) A thorough discussion of the policies, (4) A justification for the schedule of the transshipment provisions provided for in procedures, and guidelines that are to be de- implementation of phase II of the counter- chapter 5 of title III of the Customs Border veloped and applied in the use of such tech- MANPADS development and demonstration Security Act of 2002 (Public Law 107–210; 116 nology for data-mining in order to— program. Stat. 988 et seq.).’’. (i) protect the privacy and due process (5) An assessment of the effectiveness of AMENDMENT NO. 3638 rights of individuals; and other technology that could be employed on Mr. HATCH. Mr. President, I rise to (ii) ensure that only accurate information commercial aircraft to address the threat is collected and used. speak in favor of an amendment that I posed by MANPADS, including such tech- offer together with my colleague from (D) Any necessary classified information in nology that is— an annex that shall be available to the Com- (A) either active or passive; Vermont, Senator LEAHY. Senator mittee on Governmental Affairs, the Com- (B) employed by the Armed Forces; or LEAHY serves as ranking democrat mittee on the Judiciary, and the Committee (C) being assessed or employed by other member of the Judiciary Committee, on Appropriations of the Senate and the countries. which I chair. Committee on Homeland Security, the Com- (6) An assessment of alternate techno- The purpose of the Hatch-Leahy mittee on the Judiciary, and the Committee logical approaches to address such threat, in- amendment is to help ensure that the on Appropriations of the House of Represent- cluding ground-based systems. United States Secret Service continues atives. (7) A discussion of issues related to any (3) TIME FOR REPORT.—Each report required contractor liability associated with the in- to carry out its most critical functions, under paragraph (1) shall be submitted not stallation or use of technology or systems on including the protection of the Presi- later than 90 days after the end of fiscal year commercial aircraft to address such threat. dent of the United States. The Secret 2005. (8) A description of the strategies that the Service has a distinguished history Secretary may employ to acquire any tech- AMENDMENT NO. 3638 over a 139 year period of protecting the nology or systems selected for use on com- President and protecting the financial (Purpose: To retain the uniqueness of the mercial aircraft at the conclusion of phase II institutions of this country. United States Secret Service within the of the counter-MANPADS development and This amendment clarifies that the Department of Homeland Security) demonstration program, including— (A) a schedule for purchasing and install- Secret Service shall be maintained as a At the appropriate place, insert the fol- ing such technology or systems on commer- distinct entity within the Department lowing: cial aircraft; and of Homeland Security, forbidding it SEC. ll. None of the funds available in (B) a description of— from being merged with any other this Act shall be available to maintain the (i) the priority in which commercial air- subunit within the Department. And, it United States Secret Service as anything but craft will be equipped with such technology makes clear that Secret Service per- a distinct entity within the Department of or systems; sonnel report directly to the Director (ii) any efforts to coordinate the schedules Homeland Security and shall not be used to of the Secret Service who, in turn, re- merge the United States Secret Service with for installing such technology or system any other department function, cause any with private airlines; ports directly to the Secretary of personnel and operational elements of the (iii) any efforts to ensure that aircraft Homeland Security. United States Secret Service to report to an manufacturers integrate such technology or It is important that the Secretary individual other than the Director of the systems into new aircraft; and not re-delegate any of his or her au- United States Secret Service, or cause the (iv) the cost to operate and support such thority to other DHS officials or enti- Director to report directly to any individual technology or systems on a commercial air- ties nor to unduly interfere with the other than the Secretary of Homeland Secu- craft. unique historical relationship that ex- rity. (9) A description of the plan to expedite the ists between the President and White use of technology or systems on commercial AMENDMENT NO. 3640 aircraft to address the threat posed by House and the Secret Service. That is (Purpose: To protect the security of the MANPADS if intelligence or events indicate the intent of the Hatch-Leahy Amend- Federal Air Marshals) that the schedule for the use of such tech- ment. nology or systems, including the schedule for This is a codification of what was On page 39, between lines 5 and 6, insert carrying out development and demonstration originally intended when we created the following new section: programs by the Secretary, should be expe- the Department of Homeland Security SEC. 5ll. No funds appropriated or other- dited. and ensures that the Secret Service op- wise made available by this Act shall be used (10) A description of the efforts of the Sec- erates within the Department of Home- to pursue, implement, or enforce any law, retary to survey and identify the areas at do- procedure, guideline, rule, regulation, or mestic and foreign airports where commer- land Security just as it did prior to other policy that exposes the identity of an cial aircraft are most vulnerable to attack September 11 within the Department of air marshal to any party not designated by by MANPADS. Treasury. the Secretary of the Department of Home- (11) A description of the cooperation be- Given its proven track record of per- land Security. tween the Secretary and the Administrator formance and independence, we must S9196 CONGRESSIONAL RECORD — SENATE September 14, 2004 guard against this relatively small but that they keep fully devoted to their OFFICE OF STATE AND LOCAL GOVERN- critical agency from being lost in or critical missions in the same excellent MENT COORDINATION AND PREPARED- swallowed up by the myriad of pro- manner as they have done in the past. NESS grams and entities within the new De- I hope all Members will join us in in- STATE AND LOCAL PROGRAMS partment of Homeland Security. Any cluding this important amendment in For additional amounts for ‘‘State and attempt by DHS managers, however the Department of Homeland Security Local Programs,’’ $225,000,000: Provided, That well-intentioned, to interpose them- appropriations bill. of the amounts made available under this heading, $100,000,000 shall be available for selves in the decision making proc- Mr. COCHRAN. Mr. President, I move discretionary grants for use in high-threat, esses, resource allocations, and field to reconsider the vote. high-density urban areas as determined by operations of the Secret Service should Mr. REID. I move to lay that motion the Secretary of Homeland Security, and be avoided. on the table. $125,000,000 shall be for port security grants. Simply stated, there is much wisdom The motion to lay on the table was MASS TRANSIT AND RAIL SECURITY in the old saying that ‘‘if it ain’t agreed to. For necessary expenses relating to mass broke, don’t fix it.’’ The Secret Service Mr. COCHRAN. I suggest the absence transit, freight and passenger rail security has operated well in the past and oper- of a quorum. grants, including security grants for the Na- ates well today. The Hatch-Leahy The PRESIDING OFFICER. The tional Railroad Passenger Corporation, a backup communications facility for the Amendment will help provide the au- clerk will call the roll. tonomy and responsibility that will Washington Area Metropolitan Transit Au- The assistant legislative clerk pro- help keep the Secret Service operating thority, security upgrades for various rail ceeded to call the roll. well in the future. tunnels, research and development of rail se- curity methods and technology, capital con- We made a similar clarification with Mr. BYRD. Mr. President, I ask unan- imous consent that the order for the struction, and operating requirements, the Coast Guard and should do the $75,000,000. same for the Secret Service. I believe quorum call be dispensed with. The PRESIDING OFFICER. Without SEC. ll. PROHIBITION ON ACQUISITION OF PE- that this clarification of intent, and TROLEUM PRODUCTS FOR STRA- delineation of reporting requirements, objection, it is so ordered. TEGIC PETROLEUM RESERVE. will ensure that the mission of the Se- Mr. BYRD. Mr. President, I ask unan- (a) FUNDING PROHIBITION.—None of the cret Service remains clear, definite, imous consent that the pending amend- funds made available by this Act or any and unimpeded. ment be set aside so that I may offer other Act may be used during fiscal year 2005 to acquire petroleum products for storage in Senator LEAHY and I urge all of our an amendment. The PRESIDING OFFICER. Without the Strategic Petroleum Reserve. colleagues to support this important (b) AMOUNTS OF OIL CURRENTLY UNDER CON- amendment which I understand is sup- objection, it is so ordered. TRACT FOR DELIVERY.—The Secretary of the ported by the administration. AMENDMENT NO. 3649 Interior shall sell, in fiscal year 2005, any pe- Mr. LEAHY. Mr. President, I have Mr. BYRD. Mr. President, I send an troleum products under contract, as of the worked closely with the United States amendment to the desk. date of enactment of this Act, for delivery to Secret Service for many years. Their the Strategic Petroleum Reserve in that fis- The PRESIDING OFFICER. The cal year. tradition of excellence and the quality clerk will report. Mr. BYRD. Mr. President, the Senate of their protective services and inves- The assistant legislative clerk read has before it a $32 billion homeland se- tigations is well known. I know that as follows: the Sergeant at Arms of the Senate, curity appropriations bill. Chairman The Senator from West Virginia [Mr. William Pickle, proudly served with COCHRAN has put together a fair and BYRD], for himself, Mr. LEVIN, Mr. BINGAMAN, balanced bill. Regrettably, the alloca- them for many years. and Mr. FEINGOLD, proposes an amendment As the chairman and ranking mem- numbered 3649. tion that is available for homeland se- ber of the Judiciary Committee, with curity programs is simply inadequate. Mr. BYRD. Mr. President, I ask unan- jurisdiction regarding United States This is not a criticism of Chairman imous consent that reading of the Secret Service matters, Senator HATCH COCHRAN, nor is it a criticism of full amendment be dispensed with. and I have introduced an amendment committee Chairman TED STEVENS. The PRESIDING OFFICER. Without to ensure that the Service remains a The fact is that the overall levels in objection, it is so ordered. distinct entity within the Department the allocation constrain our ability to The amendment is as follows: of Homeland Security. It is important address known threats to the safety of that the Secret Service continue, as (Purpose: To fulfill Homeland Security the American people. they did under the Department of the promises) In response to the threats so often in- Treasury, to function as a cohesive At the appropriate place, insert the fol- voked by the President, the Attorney unit and not have its functions divided. lowing: General, the Secretary of Homeland It is also important that the Secret TRANSPORTATION SECURITY Security, and the FBI Director, one Service, as they did under the Depart- ADMINISTRATION might anticipate that the President ment of the Treasury, not be merged AVIATION SECURITY would not be satisfied with a bill that with other agencies which would dilute For an additional amount for necessary ex- cuts funds for first responders, that the Service’s ability to achieve their penses of the Transportation Security Ad- leaves first responders unable to com- crucial mission. It is also important to ministration relating to aviation security municate, that leaves airline pas- preserve their current chain of com- services pursuant to the amendments made sengers worrying about whether a fel- mand structure. by the Aviation and Transportation Security low passenger has brought explosives Act (115 Stat. 597), $70,000,000, to remain on board, or that fails to adequately in- Our amendment requires that the available until expended, for activities relat- United States Secret Service be main- ing to screening passengers and carry-on vest in securing our ports and trains. tained as a ‘‘distinct entity within the baggage for explosives. To address these shortcomings, I of- Department of Homeland Security’’ UNITED STATES COAST GUARD fered an amendment last week to add and that the Secret Service not be $2 billion to the bill. The amendment OPERATING EXPENSES merged with any other Department would have funded authorizations function. Further, our amendment re- For an additional amount for ‘‘Operating signed by the President; it would have quires that all personnel and oper- Expenses,’’ $20,000,000, for non-homeland se- funded 9/11 Commission recommenda- curity missions (as defined in section 888(a) ational elements of the Service report of the Homeland Security Act of 2002 (6 tions; and it would have addressed at all times to ‘‘the Director of the U.S.C. 468(a))). known vulnerabilities not funded in the committee bill. United States Secret Service’’ who ACQUISITION, CONSTRUCTION, AND shall report directly to the Secretary IMPROVEMENTS The amendment was defeated. The principal argument made against the of Homeland Security without having For an additional amount for ‘‘Acquisition, to report through other officials. Construction, and Improvements,’’ amendment was that it was not paid The United States Secret Service is $80,000,000, to remain available until Sep- for. So today, I offer an amendment doing an outstanding job in tough tember 30, 2009, for the Integrated Deepwater that provides $470 million for homeland times and this amendment will assure Systems program. security, and it is fully paid for. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9197 Last March, during debate on the The additional $70 million in this Security, testified that the current budget resolution, an amendment was amendment will significantly expand condition of the aging fleet threatens adopted with support on both sides of the effort to screen air travelers for ex- Coast Guard mission performance. He the aisle. The amendment would have plosives. We know that newly devel- testified that Coast Guard assets are in set up a reserve for homeland security oped passenger portals can detect a ‘‘declining readiness spiral.’’ programs. The reserve was paid for by whether passengers are carrying explo- Yet, the President has not responded. directing the Secretary of the Interior sives. These systems have been tested My amendment will help address the to cancel planned deliveries of oil to and proven to work. We need the Coast Guard’s ‘‘declining readiness spi- the Strategic Petroleum Reserve and money to physically deploy these sys- ral.’’ The funding would go to accel- to instead sell the oil on the open mar- tems at our Nation’s airports. erate the Coast Guard’s highest prior- ket in order to finance homeland secu- Following the March 11 Madrid rail- ities, which are to enhance safety and rity programs. road bombings, the administration reliability on the HH–65 helicopter, to As a provision on a budget resolu- issued security bulletins to law en- accelerate the design of the fast re- tion, that amendment did not have the forcement officials and transit authori- sponse cutter for near shore missions, force of law. Today, I offer an amend- ties warning of the danger of similar and to complete design of the offshore ment that will make America safer. attacks here at home. But they re- response cutter for the high endurance The amendment adds funds for first quested no funding to help our mass missions of the Coast Guard. responders that, consistent with the transit agencies hire more guards, The amendment is paid for by sus- 9/11 Commission recommendation, will train new canine teams, or install addi- pending the fill of the Strategic Petro- be allocated based on threat; for secur- tional cameras. Paper directives and leum Reserve. This step makes eco- ing mass transit systems; for expe- press releases will not stop terrorist nomic sense. Using Federal dollars to diting the modernization of Coast bombs. buy high-priced oil for the reserve does Guard ships, planes and helicopters and With Chairman COCHRAN’s support, not. Oil prices hit an all-time high on improving Coast Guard operations; for we have provided $278 million for mass August 20, and oil is currently trading purchasing equipment for screening transit security grants. But that level at about $44 per barrel. By filling the passengers and carry-on baggage for does not come close to the level au- reserve in this high-priced environ- explosives; and for port security. thorized by the Senate Banking Com- ment, we are paying more for oil now The amendment addresses mittee, on a bipartisan basis, on May 6, than we would if we waited until prices vulnerabilities that we all know exist. 2004. The committee authorizes $5.2 bil- went down. This makes no sense for And, let there be no doubt, if we know lion for transit security. On May 21, U.S. taxpayers. that these gaps exist, so do the terror- 2004, the Senate Commerce Committee, Suspending the fill of the reserve in ists. also on bipartisan basis, approved S. no way threatens our energy security. The amendment includes $125 million 2273, which authorizes $1.2 billion for The reserve is already filled to 96 per- cent capacity, with 669 million barrels for port security grants, bringing the additional rail security activities. My now stored, the highest level that it total in the bill to $275 million, the amendment would add $75 million for has ever been. The reserve currently same level assumed in the budget reso- mass transit and Amtrak security. lution. A 1-month closure of a major The 9/11 Commission recommends al- covers 67 days of import capacity. Buying oil when the market is so port would cost our national economy locating first responder funds based on high makes no economic sense. It is a $60 billion. But because of the tremen- threat rather than on population. My bad deal for the taxpayer. Failing to dous volume of containerized cargo, amendment adds $100 million to the fund critical homeland security meas- Customs officials are inspecting only 5 $875 million currently provided in the ures that the 9/11 Commission has rec- percent of the 9 million containers that Senate bill for urban area security ini- ommended and that address clear come into our ports on vessels each tiative grants. These grants are tar- vulnerabilities is also a bad deal for year. With Chairman COCHRAN’s sup- geted to cities determined to be at the taxpayer. This amendment is a port, we have provided additional re- greatest risk of a terrorist attack, that good deal. sources on the floor for Customs and have the highest number of critical as- I urge Members to support this Border Protection inspectors. But, we sets, such as tunnels, bridges and amendment. must do more for securing the ports. chemical plants, and that have high I yield the floor. The Coast Guard has estimated that population densities. We need to get The PRESIDING OFFICER. Who $1.125 billion will be needed in the first funds to the places most at risk. seeks recognition? year and $5.4 billion will be needed over My amendment also includes $100 Mr. COCHRAN. Mr. President, I was the next 10 years for the ports to com- million for the Coast Guard, including going to respond to the Senator’s com- ply with the Federal regulations man- $80 million for the Deepwater Program ments and his amendment which would dated by the Maritime Transportation and $20 million for traditional Coast add funding to this bill in the amount Security Act, which was signed into Guard missions, such as search and res- of $470 million for the Department of law by President Bush with great fan- cue and protection of our marine re- Homeland Security. fare in November 2002. It has been 2 sources. The committee bill funds I don’t know at what point we want years since the law was signed. If this these activities at levels $575 million to consider the fact that, because of amendment is adopted and becomes below the levels just authorized by the the way it is drafted, the impact the law, Congress will have approved only Congress and the President. amendment would have on future ap- $770 million for port security, far less Prior to September 11, 2001, the Coast propriations for fiscal year 2006 would than the $1.125 billion Coast Guard es- Guard began to modernize its fleet of actually, according to the Budget Com- timate for the first year of implemen- assets. Since the attacks on 9/11, the mittee staff and chairman, violate the tation. Coast Guard’s responsibilities have Budget Act and that a point of order It has been more than 21⁄2 years since grown substantially. As a result, assets would lie against this amendment. Richard Reid, the so-called ‘‘shoe vital to homeland security are being Reluctantly and with great respect bomber,’’ tried to blow up a Miami- used more today than ever in the Coast for my friend from West Virginia, I am bound aircraft over the Atlantic Ocean Guard’s history. The Government Ac- constrained to make that point of with explosives he carried onto the air- countability Office recently reported order. Rather than going through all craft. Last month, two Russian air- that ‘‘resource usage as measured by the talking points that my staff has planes simultaneously were blown out the number of hours the Coast Guard’s prepared on the subject of the indi- of the sky, most probably by cutters, boats, and aircraft used to per- vidual amounts to be added by the Chechnyan terrorists who carried the form its missions—was up almost 40 amendment and the offsets that are explosives on board the aircraft. The percent from the pre-September 11 identified, which is the Strategic Pe- 9/11 Commission Report states clearly baseline.’’ troleum Reserve, I am constrained to and succinctly that the threat posed to The Coast Guard Commandant, in make a point of order. passenger aircraft by explosives being testimony before the Senate Appro- Mr. LEVIN. I wonder if the Senator carried onto the plane is real. priations Subcommittee on Homeland would withhold making the point of S9198 CONGRESSIONAL RECORD — SENATE September 14, 2004 order for a few minutes so I have an op- OPEC is producing barely enough oil to That was prior to early 2002. They portunity to speak in support. meet demand. Private sector inven- have now reversed it. Instead of buying Mr. COCHRAN. I am happy to reserve tories of crude oil are near the lows, low and selling high, they are buying that right and yield the floor. historically, for this time of year. Of high and shorting supply. It makes ab- The PRESIDING OFFICER. The Sen- course, there is also great concern over solutely no sense to do this. We are all ator from Mississippi yields the floor. the vulnerability of Iraqi oil supplies paying more for the price of gasoline The Senator from Michigan. to terrorism—we see that again and heating oil and jet fuel as a result Mr. LEVIN. I greatly appreciate my today—the problems in Russia with of this policy. We should stop con- old friend from Mississippi yielding. Yukos, the largest oil company in that tinuing to deposit oil into the Stra- We are in an energy crisis. I will country; and the turmoil in Nigeria tegic Petroleum Reserve, which is 96 speak about that part of the Byrd and Venezuela, which have added a pre- percent filled. And when we do this in amendment particularly, which would mium to prices. a tight supply, which is now the case, use the money from not continuing to Over the last 2 years, private sector we are adding to gasoline prices alone fill the 96-percent filled Strategic Pe- inventories have declined significantly. somewhere between 10 and 25 cents per troleum Reserve and taking the money Last January, private sector inven- gallon. that would then be made available and tories fell to their lowest levels since Indeed, ‘‘buy low, sell high’’ is just using it for some critical homeland se- the mid-1970s. The SPR Program is a plain common sense. Unfortunately, in curity needs. major reason for the decline in private early 2002, the Department of Energy I congratulate the Senator from West inventories. From April 2002 through abandoned this commonsense ap- Virginia for both identifying some very December 2003, the Department of En- proach. Instead, since early 2002, DOE significant needs in the homeland secu- ergy deposited about 78 million barrels has been buying oil for the SPR with- rity area, as well as paying for it in a of oil in SPR. During that same period, out regard to the price of oil. No mat- very rational way; that is, to suspend private sector inventories declined by ter how high the price of oil has been further deliveries into the Strategic about 61 million barrels. Thus, the or will be, DOE has been and will be Petroleum Reserve. total amount of oil in inventory in the buying more and more oil for the SPR. The energy crisis is obvious. We are United States in both private and pub- Since over this period the price of oil paying a record amount per barrel for lic storage increased by only 17 million has been very high—often over $30 per oil. The addition of these millions of barrels over this entire period. barrel—and the oil markets have been barrels to the Strategic Petroleum Re- The SPR Program is directly the rea- tight, this cost-blind approach has in- serve is significantly adding to the cost son for recent price increases to the ex- creased the costs of the program to the of oil and is weakening our economy. tent of somewhere between 10 cents taxpayer and put further pressure on Last week, Alan Greenspan stated: and 25 cents a gallon when looking at tight oil markets, thereby helping [E]conomic activity hit a soft patch in late gasoline. boost oil and gasoline prices to Amer- spring.... That softness in activity no Goldman Sachs, one of the largest ican consumers and businesses. doubt is related, in large measure, to this and most successful crude oil traders in It is a rip-off of the taxpayers to pay year’s steep increase in energy prices. the world, reported, on January 16 of $45 a barrel for oil in today’s market, Chairman Greenspan further stated: this year, that ‘‘large speculative posi- when the same oil could be acquired for Most macroeconomic models treat an in- tions, builds in strategic petroleum re- $10 to $15 a barrel less in a couple of crease in oil prices as a tax on U.S. residents serves, and low inventory coverage years. that saps the purchasing power of households have contributed to current price lev- We need oil in the private sector and raises costs for businesses. els.’’ In this report, Goldman Sachs more than in the SPR. In the current Yet in the face of this crisis, the ad- also stated that ‘‘past government tight market, there is a critical need to ministration is decreasing rather than storage builds will provide persistent prevent minor shortages or disruptions increasing the supply of oil. Day after support for the market,’’ and that from causing major price spikes. In- day, month after month, regardless of ‘‘current plans for the injection of 130 creasing private inventories, not the how much American consumers and in- thousand [barrels a day] of royalty-in- SPR, is the best way to meet this need. dustry need oil, regardless of how high kind barrels into the US Strategic Pe- Canceling the deposits into the SPR the cost is of this oil, the administra- troleum Reserve (SPR) between now could lower gasoline prices by 10 to 15 tion has been taking millions of barrels and the end of September . . . will like- cents a gallon. Each $1 increase in the of oil off the market and depositing ly provide even further support.’’ price of oil increases gasoline prices by them into the Strategic Petroleum Re- Goldman Sachs estimated that the about 2.5 cents. Depending on which es- serve. And by doing that, the adminis- strategic reserve programs in the timates of the effect of the SPR fill is tration is increasing the price of oil United States and Europe in 2003 and correct, postponing the upcoming SPR and gasoline and decreasing our energy 2004 are adding about $4.25 to the price deposits therefore could lower gasoline security. of each barrel of crude oil sold in the prices by 10 to 25 cents. The use to which the $470 million United States. Postponing SPR deliveries will signal that would be saved by using this oil in Now, DOE’s plans, regardless of the speculators that the U.S. Government the commercial market rather than de- price of oil, are to continue to deposit is willing to take action to put a lid on positing it into a reserve—which is al- oil into the Petroleum Reserve. Until increasing prices. The administration ready 96 percent filled—those uses pro- late 2001, the policy of the Department has repeatedly stated that it will keep vide a win-win situation for national of Energy was to buy oil for the Stra- on filling the SPR regardless of price. security and energy security. For en- tegic Petroleum Reserve when prices The market, therefore, correctly be- ergy security, we would have this en- were low and to buy less oil when lieves DOE will not stop SPR deliveries ergy placed into the private sector, prices were high. That policy was ex- or release SPR oil no matter how high into commercial inventories, rather plained by DOE officials, in late 2001, the price of oil. This has eliminated an than into the Petroleum Reserve. For to energy officials in other countries, important potential brake on specula- national security, the way in which the and the presentation was entitled: tion that prices will keep rising. In ef- Senator from West Virginia would use ‘‘The Key To A Successful Strategic fect, the administration’s statements these funds—for airline security, port Reserve Is Cost Control.’’ The DOE have taken off any lid on prices. Stop- security, mass transit and rail secu- identifies the ‘‘Lessons Learned to Con- ping SPR deliveries will signal this is rity, firefighter grants, State and trol Oil Acquisition Costs’’ as follows— not the case, and could take specula- homeland security grants—these are this was the DOE, before they changed tive steam out of the market. all very important needs and uses. their policy in 2002—1, ‘‘let the mar- In 2002, DOE SPR staff urged the Now, very quickly, supplies are tight. kets determine your buying pattern;’’ postponement of deliveries in tight That is the reason crude oil prices are 2, ‘‘buy in weak markets;’’ 3, ‘‘delay de- markets. In 2002, when the administra- high. Demand is strong. Commercial livers during strong markets;’’ and 4, tion told DOE to change its policy and inventories are low. Supplies are vul- ‘‘use your acquisition strategy to sta- buy oil for the SPR regardless of the nerable. Supplies are tight because bilize markets.’’ price, the DOE career staff attempted September 14, 2004 CONGRESSIONAL RECORD — SENATE S9199 to persuade the administration to re- quired DOE to adopt procedures to ac- tor, Office of Finance and Policy, Strategic tain the old policy of taking price into quire oil for the SPR in a manner that Petroleum Reserves, U.S. Department of En- consideration. minimizes the program’s cost to the ergy, Spring 2002. ‘‘As a U.S. Senate committee pointed out DOE staff wrote the new policy: taxpayers while maximizing our over- Wednesday, the U.S. government was filling [I]s a business model different from that all energy security. The Senate amend- the Strategic Petroleum Reserve last year as followed by all private market participants, ment was not retained in conference, prices were rising. And by my estimate, had and if followed by a significant number of and, unfortunately, DOE has chosen to the U.S. government not filled the Strategic market participants would lead to explosive ignore the Senate’s direction in the Petroleum Reserve or returned the 20 million price swings. amendment. barrels they’d put in back to the market, In another memo, DOE SPR staff re- The major reason given by DOE for prices right now would be around $28 a barrel instead of $38 a barrel and gasoline prices ported the current policy ‘‘appears ir- not postponing any of the scheduled rational to the market place.’’ might be 25 to 35 cents lower.’’ Philip shipments into the SPR is that, ac- Verleger, NPR Morning Edition, March 7, In spring 2002, as prices were rising cording to DOE, the amount of oil that 2003. and inventories falling, the DOE SPR is placed into the SPR is only a small ‘‘We believe the administration has been staff recommended that DOE postpone fraction of the global daily supply and making a mistake by refilling the reserve to filling the SPR: demand. This comparison is not rel- the tune of about 11 million barrels since the This is good public policy. Commercial in- evant in a tight market. The amount start of May. . . . Washington should back ventories are low, retail prices are high and off until oil prices fall somewhat. Doing oth- that is being put into the SPR is about erwise is costing the Treasury unnecessarily economic growth is slow. The Government as much as is produced in several of should avoid acquiring oil for the Reserve and is punishing motorists during summer under these circumstances. our own States—Wyoming or Okla- vacation driving time.’’ Omaha World Her- homa, for example. It is about three- ald, August 14, 2003. The market conditions today are the quarters of our daily imports from Ku- ‘‘They’ve continued filling the reserve— same as they were in 2002 when the wait. In a tight market, this additional which is crazy, putting the oil under ground DOE SPR staff recommended that SPR when it’s needed in refineries.’’ Dr. Leo demand can cause a large price in- Drollas, Chief Economist, Centre for Global deliveries be postponed. crease. Moreover, these daily deposits Many other oil industry leaders and Energy Studies, The Observer, August 24, add up to a lot of oil over weeks and economists believe now is not the time 2003. months. The Department of Energy’s ‘‘If that was going into inventory, instead to fill the SPR. own documents explain this effect as of the reserve, you would not be having $29 In May of this year, Bill Greehey, follows: oil, you’d be having $25 oil. So, I think CEO of Valero Energy, the largest inde- they’ve completely mismanaged the stra- pendent refiner in the U.S., said: Essentially, if the SPR inventory grows, tegic reserve.’’ Bill Greehey, CEO of Valero and OPEC does not accommodate that They tell Saudi Arabia to produce more Energy, largest independent refiner in the growth by exporting more oil, the increase U.S., Octane Week, September 29, 2003. oil. Then they put it into Strategic Petro- comes at the expense of commercial inven- leum Reserve. It just doesn’t make any sense ‘‘Over the last year, the [DOE] has added tories. Most analysts agree that oil prices its name to this rogues list of traders by con- at all. are directly correlated with inventories, and tinuing to acquire oil for the nation’s Stra- Writing in Forbes magazine, Pro- a drop of 20 million barrels over a 6-month tegic Petroleum Reserve (SPR). In doing so, fessor Steve Hanke of Johns Hopkins period can substantially increase prices. it has (1) wasted taxpayer money, (2) done its University, commented: I support the filling of the SPR, but part to raise crude oil prices, (3) made oil The oil price run-up and scarcity of private not at any price. DOE, like any well- prices more volatile, and (4) caused financial inventories can be laid squarely at the White managed business, should acquire more hardship for refiners and oil consumers.’’ Philip K. Verleger, Jr., The Petroleum Eco- House’s door. Since Nov. 13, 2001 private oil when prices are low, and less when companies have been forced to compete for nomics Monthly, December 2003. prices are high. DOE should not be di- ‘‘U.S. taxpayers and the economy would re- inventories with the government. verting crude oil from depleted private- alize greater economic potential with a more This May, The Houston Chronicle sector inventories when prices are high prudent management of this national asset stated: and supplies are tight. Deferring fur- by not further filing the SPR under the cur- With oil at more than $40 a barrel and the ther shipments to the SPR at this time rent market structure. The DOE should wait federal government running a huge deficit, it for more favorable prices before filing the re- will reduce energy prices, lower tax- serve both today and in the future.’’ Richard should take a timeout on filling the stock- payer costs, and help strengthen our pile until crude prices come down from Anderson, CEO, Northwest Airlines, NWA record levels. That would relieve pressure on economy. It will also make about $470 WorldTraveler, January 2004. the petroleum market and ameliorate gaso- million available for vital homeland se- ‘‘The government is out buying fuel, it ap- line prices. curity programs. pears, without much regard for the impact that it is having on prices.’’ James May, A leading energy consulting firm, Clearly, now is not the time to be taking more oil off the market. This Chief Executive, Air Transport Association, PFC Energy, wrote this May: quoted in U.S. Airlines Blame Bush for Cost The Bush Administration has actually amendment is a win-win for consumers, of Oil, Associated Press, January 2004. been helping OPEC to keep spot prices high taxpayers, and the Government. ‘‘Government storage builds have lowered and avoid commercial stock increases by I urge the adoption of the amend- commercially available petroleum supplies’’ taking crude out of the market and injecting ment. and ‘‘will provide persistent support to the significant volumes into the SPR. Mr. President, I commend the Sen- markets.’’ ‘‘Changes in global government ator from West Virginia for his amend- storage injections will have [a] big impact on Mr. President, I ask unanimous con- crude oil prices.’’ Goldman Sachs, Energy sent that a list of other comments be ment, for both parts of it, for both add- Commodities Weekly, January 16, 2004. included in the RECORD. ing money to needed homeland secu- ‘‘The average price per barrel for 2003 was The PRESIDING OFFICER. Without rity needs but also finding the source the highest in 20 years and to date, the price objection, it is so ordered. from suspending deposits in the Stra- for 2004 is even higher. All the while, our (See exhibit 1.) tegic Petroleum Reserve. government continues to depress inventory stocks by buying oil at these historic highs Mr. LEVIN. The Senate has twice EXHIBIT 1 acted on this issue to restore some and then pouring it back into the ground to COMMENTS ON THE SPR PROGRAM fill the strategic petroleum reserve.’’ Larry common sense to our SPR policy. The ‘‘Commercial petroleum inventories are Kellner, President and Chief Operating Offi- Senate passed an amendment Senator low, retail product prices are high and eco- cer, Continental Airlines, Continental Air- COLLINS and I offered, by a bipartisan nomic growth is slow. The Government lines Earnings Conference Call, January 20, vote of 52 to 43, SPR deliveries and use should avoid acquiring oil for the Reserve 2004. the receipts from the sale of the roy- under these circumstances. . . . Essentially, ‘‘The act of building up strategic stocks di- alty oil for homeland security pro- if the SPR inventory grows, and OPEC does verts crude supplies that would otherwise grams. The Senate amendment regret- not accommodate that growth by exporting have entered the open market. The natural tably was not retained in conference. more oil, the increase comes at the expense time to do this is when supplies are ample, of commercial inventories. Most analysts commercial stocks are adequate and prices Last fall, the Senate unanimously agree that oil prices are directly correlated low. Yet the Bush Administration, contrary passed an amendment to the Interior with inventories, and a drop of 20 million to this logic, is forging ahead with plans to Appropriations Bill that Senator COL- barrels over a 6-month period can substan- add [more oil to] the stockpile.’’ Petroleum LINS and I offered that would have re- tially increase prices.’’ John Shages, Direc- Argus, January 26, 2004. S9200 CONGRESSIONAL RECORD — SENATE September 14, 2004 [Bill O’Grady, Director of Futures Re- in prices a bit.’’’ CBS MarketWatch, Gaso- Hanke, Oil and Politics, Forbes, August 16, search at A.G. Edwards, Inc.] also notes the line, crude prices pull back, April 23, 2004, re- 2004. Bush administration has been on an oil-buy- ferring to the views of and quoting Kevin The PRESIDING OFFICER (Mr. TAL- ing binge to stock the nation’s strategic pe- Kerr, editor of Kwest Market Edge. ENT). Who seeks recognition? troleum reserves. He guesses that artificial ‘‘The Bush Administration has actually The Democratic leader is recognized. demand boost is adding as much as 15 cents been helping OPEC to keep spot prices high AMENDMENT NO. 3636 to the cost of a gallon of gas.’’ Las Vegas Re- and avoid commercial stock increases by view-Journal, February 29, 2004. [West Coast taking crude out of the market and injecting Mr. DASCHLE. Mr. President, I know gasoline about $2/gallon at the time]. significant volumes into the SPR.’’ Crude Or we have set aside the Baucus-Burns- ‘‘When the government becomes a major Gasoline? Who Is To Blame For High Oil Brownback et al. amendment. I just purchaser of oil, it only bids up the price ex- Prices: OPEC Or The US? Market Fundamen- want to come to the floor to express actly when we need relief. I know that you tals & Structural Problems, PFC Energy, my support for the amendment as well. recently testified to Congress that the SPR May 6, 2004. This is a bipartisan effort. It is long ‘‘Kilduff said the Bush administration fill has a negligible impact on the price of overdue. As others have noted, the crude oil, but we politely disagree.’’ Letter could have stopped filling the SPR, saying from American Trucking Association to Sec- ‘it’s not the best move to start filling the need is great. There are disasters retary of Energy Spencer Abraham, March 9, SPR when commercial inventories were at around the country that have to be ad- 2004. 30-year lows.’’’ John Kilduff, senior analyst, dressed, including some in South Da- ‘‘Normally, in Wall Street parlance, you’re Fimat, in Perception vs. reality, CBS kota. It is not just the severity of the supposed to buy low and sell high, but in MarketWatch, May 17, 2004. drought, but it is the length of time Strategic Petroleum Reserve actions, we’re ‘‘Oppenheimer’s [Fadel] Gheit said Bush’s that drought has existed in some parts decision to fill the nation’s Strategic Petro- buying higher and higher and that has really of our country, especially in South Da- helped keep oil prices high.’’ Larry Kudlow, leum Reserve in the wake of the Sept. 11 at- Kudlow & Cramer, CNBC, March 22, 2004. tacks caused a crisis of confidence around kota. ‘‘Filling the SPR, without regard to crude the world that led to the perception of short So I am very hopeful the Senate will oil prices and the availability of supplies, supply and drove up prices. ‘The administra- express itself on a unanimous basis and drives oil prices higher and ultimately hurts tion has not tried hard to dispel notions and provide the kind of support that our consumers.’’ Letter from 53 Members of the rumors and perceptions and concerns over farmers and ranchers and others need. House of Representatives (39 Republicans, 14 supply disruption,’ [said Gheit]. ‘Gasoline I hope the amendment will be adopted. Democrats) to President Bush, March 22, prices are at record levels because of mis- I yield the floor. 2004. management on a grand scale by the admin- The PRESIDING OFFICER. The Sen- ‘‘Despite the high prices, American offi- istration.’’’ Fadel Gheit, oil and gas analyst ator yields the floor. cials continue to buy oil on the open market at Oppenheimer & Co., in Perception vs. re- to fill their country’s strategic petroleum re- ality, Camps debate Bush influence on Big Who seeks recognition? serves. Why buy, you might ask, when prices Oil, CBS MarketWatch, May 17, 2004. The Senator from New Mexico is rec- are high, and thereby keep them up? The ‘‘With oil at more than $40 a barrel and the ognized. Senate has asked that question as well. It federal government running a huge deficit, it AMENDMENT NO. 3649 passed a non-binding resolution this month should take a timeout on filling the stock- Mr. BINGAMAN. Mr. President, I just calling on the Bush administration to stop pile until crude prices come down from want to speak briefly in support of SPR purchases; but Spencer Abraham, the record levels. That would relieve pressure on energy secretary, has refused.’’ The Econo- the petroleum market and ameliorate gaso- Senator BYRD’s amendment as well. mist, March 27, 2004. line prices.’’ Houston Chronicle, Keep the oil This amendment will make available ‘‘[T]he Energy Department plans to buy in it, but take a timeout on filling it, May to the market an additional 19 million another 202,000 barrels a day in April. It 18, 2004. barrels of oil that the Federal Govern- can’t resist a bad bargain.’’ Alan Reynolds, ‘‘They tell Saudi Arabia to produce more ment will receive in fiscal year 2005 as Senior Fellow, CATO Institute, Investor’s oil. Then they put it into the Strategic Pe- in-kind royalties. Without this amend- Business Daily, April 2, 2004. troleum Reserve. It just doesn’t make any ment, the Federal Government would ‘‘In my opinion, we have grossly mis- sense at all.’’ Bill Greehey, CEO of Valero hold this oil off the market by putting managed the SPR in the last 12 months. Energy, Washington Post, May 18, 2004. When Venezuela went on strike and we had ‘‘The Bush administration contributed to it in the Strategic Petroleum Reserve the war in Iraq we probably should have the oil price squeeze in several ways, accord- in 2005. Because this Federal royalty drawn down some of the Reserve in order to ing to industry experts. First, it failed to ad- oil would be sold, under this amend- build up supplies in the Gulf Coast of the dress the fact that demand for gasoline in ment it would generate an offset of $470 U.S. We didn’t do that. When the war was the United States was increasing sharply, million, which the amendment then over we started adding to the Reserve, so we thanks to ever more gas guzzlers on the road proposes to use for important home- were actually taking oil out of the Market. and longer commutes. The administration land security measures, such as port We took something like 40–45 million barrels also continued pumping 120,000 barrels a day that would have gone into our inventories— of crude into the Strategic Petroleum Re- security grants, aviation passenger we put in the strategic reserves. . . . We serve, making a tight market even tighter.’’ screening, the Coast Guard, mass tran- should have stopped filling the Reserves 6 David Ignatius, Homemade Oil Crisis, Wash- sit grants, and the SAFER Program. months ago.’’ Sarah Emerson, Managing Di- ington Post, May 25, 2004. It is important to note that the rector, Energy Security Analysis, Inc., Inter- ‘‘How can the administration rectify its amendment will not take out of the view, New England Cable News, April 4, 2004, mistakes? It could calm the market by mov- Strategic Petroleum Reserve any oil 8:59 p.m. ing away from its emergency-only stance. It that is now in the Reserve. ‘‘The administration continues to have its could also stop buying oil to add to the stra- It is merely suspending further fill- hands tied on the Strategic Petroleum Re- tegic reserve. The government has done a serve, particularly with candidate Kerry’s good job making sure that the reserve is at ing of the reserve. Suspending the fill ‘high ground’ proposal to suspend purchases its 700-million barrel capacity. But now that of the Strategic Petroleum Reserve putting Bush in a ‘me too’ position.’’ Deut- we are close to that goal there is no reason during times of high oil prices makes sche Bank, Global Energy Wire, ‘‘Election- to keep buying oil at exorbitant prices.’’ Ed- economic sense. Using Federal dollars Year Oil: Bush Painted into a Corner,’’ April ward L. Morse and Nawaf Obaid, The $40-a- to buy high-priced oil for the Strategic 6, 2004. Barrel Mistake, New York Times, May 25, Petroleum Reserve does not make eco- ‘‘At a time when supplies are tight and 2004. nomic sense. prospects for improvement are grim, Bush ‘‘President Bush’s decision to fill the re- Oil prices hit an all-time high on the continues to authorize the purchase of oil on serve after the terror attacks of September the open market for the country’s Strategic 2001 has been one of the factors driving up oil NYMEX on August 20, trading at $49.40 Petroleum Reserve. Bush is buying serious prices in recent months, along with reports a barrel. Today oil is trading at close quantities of oil in a high-price market, that China, which recently surpassed Japan to $45 a barrel, which represents a price helping to keep it that way.’’ Thomas Oli- as the second-largest importer of oil, is going increase of more than 30 percent since phant, Blatant Bush Tilt Toward Big Oil, ahead with plans to build its own petroleum the beginning of the year. By filling Boston Globe, April 6, 2004. reserve.’’ Simon Romero, If Oil Supplies the Strategic Petroleum Reserve in ‘‘He pointed out that Senator Carl Levin, Were Disrupted, Then . . . New York Times, this very high-priced environment, we D–Mich. had a good idea earlier this month May 28, 2004. are paying more for oil now than we in proposing earlier this month cutting back ‘‘The oil price run-up and scarcity of pri- the contribution level to the Strategic Pe- vate inventories can be laid squarely at the would if we waited until prices went troleum Reserve, which Kerr said is 93 per- White House’s door. Since Nov. 13, 2001 pri- down. cent full. ‘By reducing the input, it could vate companies have been forced to compete Filling the Strategic Petroleum Re- provide a great deal more supply to help rein for inventories with the government.’’ Steve serve when oil prices are high costs September 14, 2004 CONGRESSIONAL RECORD — SENATE S9201 American taxpayers unnecessarily. It and discussed by the Senator from (Purpose: To require the Federal Emergency also puts more pressure on already West Virginia, the Senator from Michi- Management Agency to allocate at least tight fuel markets and keeps oil prices gan, and the Senator from New Mexico. $4,450,000 of any funds previously made higher for longer. Compelling arguments have been made available in response to the September 11, The royalty-in-kind oil program used 2001, attacks in New York City for contin- for the additional funds that would be ued mental health counseling services for to fill the Strategic Petroleum Reserve made available to the Department of emergency services personnel requiring ad- was first envisioned in a low-price en- Homeland Security under this amend- ditional assistance as a result of the Sep- vironment. The Government bought oil ment. The difficulty, however, is that tember 11, 2001, terrorist attacks) from domestic producers on Federal the amendment would provide appro- On page 39, between lines 5 and 6, insert lands when prices were low in order to priations that are not consistent with the following: absorb some of the excess oil. The roy- the Budget Act. Section 501 of H. Con. SEC. 515. (a) Of any funds previously made alty-in-kind program was used to keep Res. 95, the fiscal year 2004 concurrent available to the Federal Emergency Manage- domestic oil prices from falling even ment Agency in response to the September resolution on the budget, limits the 11, 2001, attacks in New York City, not less further, but we were then talking amount and type of advance appropria- about below $14 per barrel, not below than $4,450,000 shall be provided, subject to tions which may be provided for fiscal the request of the Governor of New York, to the $45 per barrel which is currently years 2005 and 2006. The pending those mental health counseling service enti- prevailing. The royalty-in-kind pro- amendment would provide advance ap- ties that have historically provided mental gram was not established to help high propriations for fiscal year 2006 which health counseling through Project Liberty to oil prices remain high, but buying in a are not on the list of programs, personnel of the New York City Police De- high-priced environment has that exact projects, activities, or accounts identi- partment, the New York City Fire Depart- ment, and other emergency services agen- effect. fied in the joint explanatory statement Suspending the fill of the Strategic cies, to continue such counseling. of managers accompanying the budget Mrs. CLINTON. Mr. President, I Petroleum Reserve does not pose an resolution. immediate security threat, as the Sen- thank the chairman of the sub- Thus, I raise a point of order pursu- committee, the Senator from Mis- ator from Michigan pointed out. The ant to section 501(b) of H. Con. Res. 95, reserve is already 96 percent of capac- sissippi, and his excellent staff for the 108th Congress, against the pending their assistance in working out this ity, with 669 million barrels now amendment. stored. That is the highest level of amendment. The PRESIDING OFFICER. The Sen- This is an amendment that would storage we have ever had in the Stra- ator from West Virginia. tegic Petroleum Reserve. It currently continue to provide funding for the Mr. BYRD. Mr. President, pursuant mental health counseling that the fire covers 67 days of import capacity at a to section 904 of the Congressional level of 10 million barrels per day of department and police department and Budget Act of 1974, I move to waive the other first responders have been receiv- imports. Using scarce Federal dollars applicable sections of that act for pur- to fill the Strategic Petroleum Reserve ing because of their experiences arising poses of the pending amendment, and I out of September 11. We are finding while failing to fund necessary home- ask for the yeas and nays. land security measures presents a secu- that only now are some of the fire- The PRESIDING OFFICER. Is there a fighters, police officers, and others rity threat itself. sufficient second? Some of you may recall—I think we coming forward and expressing their There appears to be a sufficient sec- all recall—that the Senate passed a need for some kind of intervention and ond. similar amendment to this to the budg- assistance. The yeas and nays were ordered. This is a program that has worked et resolution that was considered ear- The PRESIDING OFFICER. Is there lier this year, the Levin-Collins amend- very well. I am grateful for the Federal further debate? assistance to start this program, and ment. Mr. REID. Mr. President, I suggest I urge support of Senator BYRD’s we are hopeful that this amendment the absence of a quorum. amendment this evening. It will put will enable FEMA, which already has The PRESIDING OFFICER. The our limited homeland security dollars money set aside arising out of already clerk will call the roll. to work in the most beneficial way for appropriated money for New York and The assistant legislative clerk pro- Americans. for purposes like this, to obtain the ceeded to call the roll. I yield the floor. requisite support they need to go for- Mr. COCHRAN. Mr. President, I ask AMENDMENT NO. 3636 ward with this mental health coun- unanimous consent that the order for The PRESIDING OFFICER. The Sen- seling. So I am very grateful that we the quorum call be rescinded. ator from Mississippi. The PRESIDING OFFICER. Without have worked this out. Mr. COCHRAN. Mr. President, we are There is no new money in it, there is objection, it is so ordered. at a point now where I think we can no new earmarking or appropriations; Mr. COCHRAN. I ask unanimous con- proceed to dispose of an earlier amend- it is merely giving FEMA the go-ahead, sent to set aside the pending amend- ment that was offered. If there is no with the appropriate authorization, to ment to permit the Senator from New objection to setting aside the pending continue the mental health program York to offer an amendment. Byrd amendment for that purpose, I The PRESIDING OFFICER. Without that has proven so successful. ask unanimous consent that the Byrd So, again, I appreciate greatly the objection, it is so ordered. amendment be set aside and that we chairman and his staff’s assistance. I The Senator from New York is recog- proceed to a voice vote on the Baucus ask for a voice vote on this amend- nized. amendment. ment, if appropriate at this time. The PRESIDING OFFICER. Without AMENDMENT NO. 3651 Mr. COCHRAN. Mr. President, we are objection, the pending amendment is Mrs. CLINTON. Mr. President, I call happy this has been resolved. I think it set aside. up amendment No. 3651. improves the bill. We are ready to ac- The question is on agreeing to the The PRESIDING OFFICER. The cept the amendment. Baucus amendment No. 3636. clerk will report. The PRESIDING OFFICER. If there The amendment (No. 3636) was agreed The legislative clerk read as follows: is no further debate, the question is on to. The Senator from New York [Mrs. CLIN- agreeing to the amendment. Mr. COCHRAN. Mr. President, I move TON], for herself and Mr. SCHUMER, proposes The amendment (No. 3651) was agreed to reconsider the vote by which the an amendment numbered 3651. to. amendment was agreed to. Mrs. CLINTON. Mr. President, I ask Mr. COCHRAN. Mr. President, I move Mr. REID. I move to lay that motion unanimous consent that further read- to reconsider the vote. on the table. ing of the amendment be dispensed Mr. REID. I move to lay that motion The motion to lay on the table was with. on the table. agreed to. The PRESIDING OFFICER. Without The motion to lay on the table was AMENDMENT NO. 3649 objection, it is so ordered. agreed to. Mr. COCHRAN. Mr. President, the The amendment (No. 3651) is as fol- Mr. COCHRAN. Mr. President, I sug- Byrd amendment has been presented lows: gest the absence of a quorum. S9202 CONGRESSIONAL RECORD — SENATE September 14, 2004 The PRESIDING OFFICER. The with two or three other amendments priated $30,000,000, to remain available until clerk will call the roll. that may require votes and then we ex- expended, for the emergency watershed pro- The legislative clerk proceeded to pect to have a vote on final passage. tection program established under section call the roll. We would like to get an agreement 403 of the Agricultural Credit Act of 1978 (16 Mr. COCHRAN. Mr. President, I ask U.S.C. 2203) and related watershed and flood that these are the amendments which prevention operations, an additional amount unanimous consent that the order for will be voted on and that we will have to repair damage to the waterways and wa- the quorum call be rescinded. votes in sequence on those amend- tersheds in the State of Florida resulting The PRESIDING OFFICER (Mr. ments and final passage of the bill. I from Hurricane Charley or Frances. ENZI). Without objection, it is so or- hope my friend from Nevada will con- SEC. ll. EMERGENCY CONSERVATION PRO- dered. sider that. GRAM. Mr. COCHRAN. Regular order. The Senator from Florida wants to In addition to amounts otherwise made The PRESIDING OFFICER. The be heard. available under this Act, there is appro- question is on agreeing to the motion. I yield the floor. priated $60,000,000, to remain available until The yeas and nays have been ordered. Mr. President, I suggest the absence expended, for the emergency conservation The clerk will call the roll. of a quorum. program established under title IV of the Ag- The legislative clerk called the roll. The PRESIDING OFFICER. The ricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.), an additional amount to repair damage Mr. MCCONNELL. I announce that clerk will call the roll. The legislative clerk proceeded to to farmland (including nurseries and struc- the Senator from Colorado (Mr. CAMP- tures) in the State of Florida resulting from BELL) and the Senator from Alabama call the roll. Hurricane Charley or Frances. Mr. NELSON of Florida. Mr. Presi- (Mr. SESSIONS) are necessarily absent. SEC. ll. AGRICULTURAL CREDIT INSURANCE Mr. REID. I announce that the Sen- dent, I ask unanimous consent that the FUND PROGRAM ACCOUNT. ator from Hawaii (Mr. AKAKA), the Sen- order for the quorum call be rescinded. In addition to amounts otherwise made ator from North Carolina (Mr. ED- The PRESIDING OFFICER. Without available under this Act, there is appro- WARDS), and the Senator from Massa- objection, it is so ordered. priated $25,000,000, to remain available until expended, for the Agricultural Credit Insur- chusetts (Mr. KERRY) are necessarily AMENDMENT NO. 3652 absent. Mr. NELSON of Florida. Mr. Presi- ance Fund program account for the cost of dent, I send amendment 3652 to the emergency insured loans for costs in the The PRESIDING OFFICER. Are there State of Florida resulting from Hurricane any other Senators in the Chamber de- desk. The PRESIDING OFFICER. Without Charley or Frances. siring to vote? SEC. ll. EMERGENCY GRANTS TO ASSIST LOW- The yeas and nays resulted—yeas 48, objection, the pending amendment will INCOME MIGRANT AND SEASONAL nays 47, as follows: be set aside. FARMWORKERS. Without objection, it is so ordered. [Rollcall Vote No. 179 Leg.] In addition to amounts otherwise made The clerk will report. available under this Act, there is appro- YEAS—48 The legislative clerk read as follows: priated $10,000,000, to remain available until Allen Dorgan Lieberman The Senator from Florida [Mr. NELSON], expended, for emergency grants to assist Baucus Durbin Lincoln for himself and Mr. GRAHAM of Florida, pro- low-income migrant and seasonal farm- Biden Feingold Mikulski Bingaman Feinstein Murray poses an amendment numbered 3652. workers under section 2281 of the Food, Agri- Boxer Graham (FL) Nelson (FL) Mr. NELSON of Florida. Mr. Presi- culture, Conservation, and Trade Act of 1990 Breaux Harkin Nelson (NE) dent, I ask unanimous consent that the (42 U.S.C. 5177a): Provided, That the emer- Byrd Hollings Pryor reading of the amendment be dispensed gency services to be provided may include Carper Inouye Reed such types of assistance as the Secretary of Clinton Jeffords Reid with. Agriculture determines to be necessary and Coleman Johnson Rockefeller The PRESIDING OFFICER. Without appropriate (including repair of existing Collins Kennedy Sarbanes objection, it is so ordered. farmworker housing and construction of new Conrad Kohl Schumer The amendment is as follows: Corzine Landrieu Snowe farmworker housing units, including housing Daschle Lautenberg Specter (Purpose: To provide supplemental disaster that may be used by H-2A workers) to re- Dayton Leahy Stabenow relief assistance for agricultural losses in place housing damaged as a result of Hurri- Dodd Levin Wyden the State of Florida resulting from Hurri- cane Charley or Frances. NAYS—47 canes Charley and Frances) SEC. ll. RURAL HOUSING FOR DOMESTIC FARM At the appropriate place, insert the fol- LABOR. Alexander Dole McCain lowing: Allard Domenici McConnell In addition to amounts otherwise made Bayh Ensign Miller TITLE ll—EMERGENCY AGRICULTURAL available under this Act, there is appro- Bennett Enzi Murkowski DISASTER ASSISTANCE priated $10,000,000, to remain available until Bond Fitzgerald Nickles SEC. ll. CROP LOSSES. expended, for rural housing for domestic Brownback Frist Roberts In addition to amounts otherwise made farm labor for the cost of repair and replace- Bunning Graham (SC) Santorum available under this Act, there is appro- ment of uninsured losses resulting from nat- Burns Grassley Shelby ural disasters such as Hurricanes Charley Cantwell Gregg priated $560,000,000, to remain available until Smith Chafee Hagel expended, for the Commodity Credit Cor- and Frances. Stevens Chambliss Hatch poration Fund for crop losses in excess of 25 SEC. ll. STATE AND PRIVATE FORESTRY. Sununu Cochran Hutchison percent of the expected production of a crop In addition to amounts otherwise made Cornyn Inhofe Talent Thomas (including nursery stock, citrus, dairy, tim- available under this Act, there is appro- Craig Kyl ber, vegetables, tropical fruit, clams and priated $5,000,000, to remain available until Crapo Lott Voinovich DeWine Lugar Warner other shellfish, tropical fish, poultry, sugar, expended, of which $2,500,000 shall be made hay, equines, wildflower seed, sod, and hon- available for urban and community forestry NOT VOTING—5 eybees and losses sustained by packing and of which $2,500,000 shall be made avail- Akaka Edwards Sessions houses) in the State of Florida resulting able for wildland-urban interface fire sup- Campbell Kerry from Hurricane Charley or Frances: Provided, pression efforts resulting from fuel loading The PRESIDING OFFICER. On this That any producer of crops and livestock in from damaged or destroyed tree stands in the State of Florida that has suffered at vote, the yeas are 48, the nays are 47. the State of Florida resulting from Hurri- least 25 percent loss to a crop covered by this cane Charley or Frances. Three-fifths of the Senators duly cho- section, 25 percent loss to livestock, and sen and sworn not having voted in the SEC. ll. EMERGENCY DESIGNATION. damage to building structure in 2004, result- The amounts appropriated in this title are affirmative, the motion is rejected. ing from Hurricane Charley or Frances, shall designated as an emergency requirement The point of order is sustained and the be eligible for emergency crop loss assist- pursuant to section 402 of S. Con. Res. 95 amendment falls. ance, emergency livestock feed assistance (108th Congress), as made applicable to the Mr. COCHRAN. Mr. President, I move under the Emergency Livestock Feed Assist- House of Representatives by H. Res. 649 to reconsider the vote. ance Act of 1988 (7 U.S.C. 1471 et seq.), and (108th Congress) and applicable to the Senate Mr. REID. I move to lay that motion loans and loan guarantees under subtitle C of by section 14007 of the Department of De- the Consolidated Farm and Rural Develop- fense Appropriations Act, 2005 (Public Law on the table. ment Act (7 U.S.C. 1961 et seq.). The motion to lay on the table was 108–287; 118 Stat. 1014). SEC. ll. WATERSHED AND FLOOD PREVENTION agreed to. OPERATIONS. Mr. NELSON of Florida. Mr. Presi- Mr. COCHRAN. Mr. President, we are In addition to amounts otherwise made dent, we have had two major hurri- at a point now where we can proceed available under this Act, there is appro- canes in Florida that have done a great September 14, 2004 CONGRESSIONAL RECORD — SENATE S9203 deal of damage to our agricultural in- Mr. STEVENS. Mr. President, yes, agriculture since Hurricane Charley dustry in Florida. Our agricultural in- that is my commitment to the Senator first hit the State. Dedicated public dustry is a $62 billion industry. We from Florida. We fully intend to take servants from the U.S. Department of have just passed a disaster relief bill up the Hurricane Ivan funds as an Agriculture and the Florida Depart- for drought for several Midwestern amendment to this bill in conference ment of Agriculture and Consumer States which was a $3 billion disaster when the supplemental request is re- Services have been assessing the dam- relief bill. ceived. age and directing farmers to available Naturally, where we have an existing Mr. NELSON of Florida. Mr. Presi- assistance programs. The private sec- disaster that has occurred over the dent, around this place, a man’s word tor has worked long hours to minimize course of the last 6 weeks, we have a is his bond, and that is good enough for the damage. Producers who may have lot of farmers hurting, and the well has me. suffered only minor losses are helping run dry in the Department of Agri- I thank the Senator. Our people are their neighbors who are not as fortu- culture funds. Naturally, the Federal hurting. The President has requested, nate. Government will respond, which we do in addition, a $3.1 billion relief package The U.S. Department of Agriculture in times of disaster, and this Senator for FEMA and other agencies of Gov- as always is using its resources to aid and Senator GRAHAM want to make ernment other than the agriculture re- the victims of these disasters. Addi- sure we have the funds. lief. He did not request that. That is tional funds are necessary to begin re- We have bipartisan unanimity in our the reason for bringing this to a head covery operations. Yet, those funds House delegation, along with Senator at this late hour. were not included in the administra- GRAHAM and me, on what we are re- AMENDMENT NO. 3652 WITHDRAWN tion’s recent request. questing in this particular amendment Therefore, I withdraw my amend- I want to explain why these funds are I have sent to the desk. This is request- ment. necessary. Some natural disasters de- ing $700 million of disaster relief for The PRESIDING OFFICER. Without stroy crops. These hurricanes have de- agricultural disaster. The figure may objection, it is so ordered. stroyed more than crops. For example, be more. The Senator from New York. nurseries and greenhouses collapsed or The distinguished chairman of the Mr. GRAHAM of Florida. Mr. Presi- were crushed by the storms. Replacing Appropriations Committee and I will dent, I commend Senator NELSON on a structure is more difficult and costly enter into a colloquy in which I can be this issue and thank Senator STEVENS than just replacing plants. Consider the citrus industry. In some assured this matter is going to be ad- for his efforts. dressed in this bill when it goes to con- This amendment represents the first groves, you can walk from end to end ference and that the funds are going to step in correcting an injustice. That in- and never touch the ground because it is covered with fallen grapefruits. Next be needed. justice is the lack of meaningful dis- year, another crop may grow, but the I engage in a colloquy with the chair- aster relief for the farmers, ranchers, grove’s owners, and their families, need man of the Appropriations Committee. and growers of Florida. We are told the administration has Agriculture is the second largest gen- help today. Even worse, the storms de- stroyed thousands of citrus trees. It existing funds to address the massive erator of income in Florida. It is re- takes 5 years for a new tree to produce damage done to Florida agriculture by sponsible for $7 billion in cash receipts fruit and seven years for it to turn a Hurricanes Charley and Frances, and, and accounts for a total of $60 billion indeed, Secretary Veneman has author- profit. in total economic impact. We are approaching that time of year ized $300 million in section 32 funds Mr. President, 44,000 farmers and when people throughout the country which are certainly welcome and ap- growers produce 280 different crops order and send gifts of Florida citrus. preciated. However, I can state that ranging from tropical fruits to winter Its been estimated that packing houses back in Florida we are also told that vegetables to greenhouse and nursery and related businesses could lose as already the U.S. Department of Agri- products to aquaculture and honey and much as $100 million from the storms. culture is running out of relief funds. I more. Consider the impact on the workers in ask the distinguished chairman of the The twin disasters of Charley and these facilities. Appropriations Committee if he will Frances devastated a significant por- Preliminary estimates indicate that work with me to ensure additional tion of this economic sector. Prelimi- the sod industry in Florida has suffered emergency appropriations for USDA nary estimates indicate more than $2 $300 million in losses. Many of the sod disaster relief can be provided to ad- billion in damage to Florida agri- farms are flooded, and too much water dress this crisis in Florida? culture. is not good for sod. I yield to the Senator. Some growers were hit twice; before Florida’s cattle and calving oper- Mr. STEVENS. We will provide the they could determine their initial ations generate more than $370 million needed disaster relief for Florida agri- losses, they lost the rest of their crops. in cash receipts. The storms destroyed culture as soon as possible. This relief It may take months to determine the fences and dumped debris on grazing will come in the form of appropriations final cost of these storms. The ground lands. Florida calves are fed and grow for the U.S. Department of Agriculture first must dry out before growers can at feedlots in other parts of the coun- disaster relief programs. These funds learn if they will be able to plant and try. will be used to help Florida citrus harvest a crop this year. Consider the plight of the winter veg- farmers as well as other Florida farm- The growers and their families need etable growers. Many in Florida began ers. If the funds are not provided before help now. Yet today’s request from the preliminary planting before the hurri- we address Hurricane Ivan, we will ad- administration contains no aid for canes hit. Existing programs do not dress this issue when we do address them. cover their pre-planting costs. They Ivan in the conference on this bill, the Between fiscal year 1989 and fiscal must plant by a certain date to be eli- Homeland Security bill. year 2003, Congress added $49.2 billion gible for aid. If the ground is too wet Mr. NELSON of Florida. Mr. Presi- to USDA programs. Of that amount, and they can’t plant in time, they suf- dent, I thank the chairman of the Ap- $21.4 billion went for market loss pay- fer twice—the lack of a cash crop and propriations Committee, and I appre- ments to compensate for low prices, the lack of disaster aid. ciate his cooperation. and $17.9 billion went to crop disaster The amendment does not ignore the I ask the chairman, with his commit- payments to producers who suffered a human side of agriculture. It includes ment in the Senate, am I in a position natural disaster crop loss. funds to assist groups that provide to guarantee the agricultural industry In the past, the Senate has responded emergency services to the many people of my State that we will provide addi- when our farmers and ranchers were in who work on farms where crops have tional USDA disaster relief or other need. We again must respond in an ap- been destroyed. Many farm workers disaster funds to meet this need in sup- propriate way by providing the aid that have lost their jobs. They also have plemental appropriations in the con- is contained in this amendment. seen their homes destroyed, or they ference report on this bill, the Home- I want to commend those officials find themselves without water or land Security appropriations bill? who have been trying to help Florida power. S9204 CONGRESSIONAL RECORD — SENATE September 14, 2004 I realize that the preliminary esti- $50 million—less—in 2004. The adminis- There are things we can do. We can mates of $2 billion in losses will be re- tration’s budget requested no addi- develop detectors that fit mass transit duced, once insurance and other pay- tional funding. Now, of course, we have as we are doing in the airports. We are ments are taken into account. But the raised it a little bit here but not close not. We can protect our tunnels and need exists today. to enough. bridges upon which trains go. We are The transmittal letter for the emer- Furthermore, only 30 to 40 percent of not. The bottom line is, we are doing gency supplemental asked Congress ‘‘to what has been appropriated for transit virtually nothing. limit this emergency request to those security has been received by transit Mr. REID. Mr. President, could I ask items directly related to the recovery agencies. So even with the small my friend to withhold? We have a efforts from the impact of these recent amounts we have appropriated, our unanimous consent request that Mem- major disasters.’’ This amendment agencies that are supposed to make our bers have been waiting on for a while. meets this requirement. subways, our mass transit, our com- Mr. SCHUMER. I am happy to yield. After a more detailed examination of muter rail, our passenger rail safer The PRESIDING OFFICER. The Sen- the damage, we may have a need for have not been able to do it. As a result, ator from Mississippi. additional funds for agriculture assist- many transit agencies, including those Mr. COCHRAN. Mr. President, we are ance. That is why I consider this in my city, in my State, many of which at a point where we can advise Sen- amendment to be just an important are likely to be at risk, have pressing ators of amendments that will now be first step but not the final step toward security needs that are still unfunded. presented to the Senate for votes. We the goal of helping the farmers, ranch- In fact, the Banking Committee found hope we can get this unanimous con- ers, and producers of Florida. that we have invested $9.16 per pas- sent agreement adopted so we will have senger on aviation improvements but an orderly process to follow. AMENDMENT NO. 3656 less than 1 cent per passenger on tran- I ask unanimous consent that other Mr. SCHUMER. Mr. President, I have sit security improvements. Now does than any amendments cleared by both an amendment at the desk and I ask that make any sense: $9.16 on air trav- managers, the only remaining amend- for its immediate consideration. el, less than 1 cent on transit? ments be the following and that there The PRESIDING OFFICER. Without On April 8, the Commerce Committee be no second degrees in order to the objection, the pending amendment is passed the Rail Security Act of 2004. listed amendments prior to votes in re- set aside. The bill would provide $1.2 billion to lation to those amendments: the pend- The clerk will report. enhance the safety of our Nation’s ing Kennedy amendment for 5 minutes The legislative clerk read as follows: mass rail systems. On May 6, the Bank- equally divided; the Schumer amend- The Senator from New York [Mr. SCHU- ing Committee unanimously passed the ment on rail safety with 10 minutes MER], for himself, Mr. SARBANES, Mr. REED, Public Transportation Terrorism Pre- equally divided; the Schumer amend- Mrs. CLINTON, and Mr. KENNEDY, proposes an vention Act of 2004. That bill would ment on immigration with 10 minutes amendment numbered 3656. provide over $5 billion to enhance the equally divided; and the Clinton Mr. SCHUMER. Mr. President, I ask safety of the Nation’s mass transit sys- amendment, No. 3631, with 10 minutes unanimous consent that the reading of tems and would mean so much to the equally divided—and I am sure the Sen- the amendment be dispensed with. New York area where we face a need ator from Florida will call up his The PRESIDING OFFICER. Without for hundreds of millions of dollars to amendment on funds for the Red Cross, objection, it is so ordered. shore up our security. So when my and we will adopt that on a voice The amendment is as follows: friend from Mississippi will get up and vote—further, that any other pending (Purpose: To increase funding for rail and say, well, we are giving some money, it amendments be withdrawn, and fol- transit security grants) is not close to what the authorizing lowing disposition of the above-listed On page 20, line 7, strike ‘‘$1,200,000,000’’ committees felt was needed. It is not a amendments, the bill be read a third and insert ‘‘1,550,000,000’’. little less; it is not a lot less; it is a time and the Senate proceed to passage On page 20, line 13, strike ‘‘$150,000,000’’ and huge amount less. If the Commerce insert ‘‘$500,000,000’’. as under the order. Committee would say that $1.2 billion The PRESIDING OFFICER. Is there Mr. SCHUMER. Mr. President, I will is needed and the Banking Committee objection? be brief. I know the hour is late, but as would say that $5 billion is needed and Without objection, it is so ordered. I am sure this body knows, these we are appropriating as little as we Mr. COCHRAN. I thank all Senators. issues, I believe, are extremely impor- are, clearly we are not doing something The PRESIDING OFFICER. The Sen- tant and have to be considered. This right. ator from New York. amendment deals with rail security. It These two bills were not taken up by Mr. SCHUMER. Mr. President, I ap- is rail security and transit grants. the Senate leadership for several preciate the understanding of my col- Now, first, I do want to say that we months, and then, in July, Secretary league from Mississippi. I think I have are providing $278 million for these Ridge announced there was credible in- used pretty much my time on transit grants. The amendment by my friend formation indicating al-Qaida is mov- even though I have been given another from West Virginia raised the amount ing ahead with plans for a large-scale 10 minutes. to that. But it is not close to enough attack in the U.S. aimed at disrupting I just want to say this in conclusion: when we are considering that rail is the political elections. In reaction, all We are currently spending $5 billion a one of the great dangers we face in this of a sudden the Senate leadership de- month in Iraq alone. While I whole- war on terrorism. If anything, we have cided to try to pass some security heartedly support making sure that learned since last year’s appropriations measures that were long overdue. I am our troops have everything they need— bill that al-Qaida has chosen rail as told the reason they did not bring them and I have supported all of these fund- one of its methods of terror. We all up is because they felt these measures ing requests—if we can spend $5 billion looked in shock at what happened in cost too much. I am sure my esteemed a month in Iraq, we can surely spend Madrid. colleague from Mississippi will make $350 million over 5 years to help ensure Our rail systems, whether they be that argument again today, that spend- the safety of our transit riders here at mass transit, subways, commuter rails, ing $350 million to secure the thou- home. The priorities are wrong. There passenger rails, freight rails, are ut- sands of miles of tracks, tunnels, is a disconnect. We spend what it takes terly unprotected. While we are mak- bridges, and stations used by millions to win a war on terror overseas, as we ing small steps in the direction of pro- of Americans every day is too expen- should. We spend virtually nothing to tecting them, we are not moving close sive. I have to respectfully disagree. protect ourselves at home. To say that to quickly enough. Despite the signifi- We are vulnerable. God forbid 10 terror- a couple hundred million dollars is too cant threat to transit systems, the ists strap explosives to themselves and much when the safety of our citizens is funding for transit security has been go into 10 of our busiest rail stations at stake and we are spending $5 billion grossly inadequate. and detonate them at a single time. a month in Iraq is a schizophrenia that Over the last 2 years, Congress appro- This would cause huge loss of life, tre- this country, as we fight this war on priated only $115 million in transit se- mendous suffering, and economic hard- terror in this brave, new world, cannot curity: $65 million in fiscal year 2003; ship. afford. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9205 I urge adoption of the amendment. the government of each country partici- safety up to the subjective, fallible I yield the floor. pating in the visa waiver program to certify judgment of individuals rather than to The PRESIDING OFFICER. The Sen- that such country will comply with the bio- superior biometric technology. The ator from Mississippi. metric standards established by the Inter- national Civil Aviation Organization; of first part of the amendment deals with Mr. COCHRAN. Mr. President, this which $25,000,000 shall be reserved for the upgrading that technology. amendment would add $350 million to entry and exit data systems of the Depart- Second, my amendment would pro- the bill for rail and security transit ment of Homeland Security to accommodate vide $50 million to help ensure that all grants. A previously adopted amend- traffic flow increases; of which $50,000,000 travelers entering the United States ment has already added $128 million to shall be reserved to integrate the entry and are held to the same high level of scru- the bill for this purpose. exit data collection and analysis systems of tiny. Specifically, the amendment The amendment will cause the bill to the Department of Homeland Security, the would provide funding to help persuade Department of State, and the Department of exceed the committee’s 302(b) alloca- Justice, including the Federal Bureau of In- visa waiver program governments to tion; therefore, I make a point of order vestigation; of which $25,000,000 shall be re- produce passports compatible with the under section 302(f) of the Congres- served to establish a uniform translation and state-of-the-art biometric technology sional Budget Act that the amendment transliteration service for all ports of entry that I hope will be deployed at U.S. provides spending in excess of the sub- to identify the names of individuals entering ports of entry. committee’s 302(b) allocation. and exiting the United States;’’. Third, the amendment would provide Mr. SCHUMER. Mr. President, pursu- Mr. SCHUMER. Mr. President, there $25 million to fund the expansion of the ant to section 904 of the Congressional are so many places where we have to Homeland Security Department’s exit Budget Act of 1974, I move to waive the tighten up our security at home. We and entry data systems to accommo- applicable sections of that act for the have talked about security in the air date the ever increasing traffic of trav- purpose of the pending amendment. I and security at the ports and security elers in and out of our Nation’s ports of ask for the yeas and nays. on the rails and security with trucks. entry. As the pace of globalization The PRESIDING OFFICER. Is there a We have talked about helping our po- quickens, U.S. airports, bridges, and sufficient second? lice and our firefighters and hospitals. ports see a rising number of visitors. There is a sufficient second. There is another area that we do have We have to have the technology to The yeas and nays were ordered. to address even at this late hour be- keep up with that increasing number. Mr. MCCAIN. Mr. President, has all cause it is so crucial. That is security Fourth, the amendment addresses time expired? at our country’s borders. the need to integrate the entry and The PRESIDING OFFICER. All time The question is, Who can come across exit data systems housed within the has expired. our borders, whether by land or sea or Department of Homeland Security, the Mr. COCHRAN. Mr. President, I ask by air, and how do we monitor who FBI, and the Department of State. We unanimous consent that these votes be they are, and how do we make sure ter- have in our Government a number of stacked that are in order: the two rorists do not come into this country sophisticated databases collecting crit- Schumer amendments, the Clinton as they did in the years and months be- ical information about individuals who amendment, the vote on final passage, fore 9/11, where one part of the Govern- could harm our country. Each of these and any vote in relation to the Ken- ment knew that those who came across systems has different access rules and nedy amendment as well—that they be the borders might well cause harm, but runs on different algorithms. It makes stacked so we can then proceed with those who were at the borders letting integration of these systems with one debate on the second Schumer amend- people into this country did not? another and with the people at the bor- ment or the Clinton amendment and The good news is that technology can ders very chancy and difficult. dispose of the discussion, and then we help us. We can keep our borders open Finally, the amendment would pro- and free. We can have commerce that will have a vote on all of those issues vide $25 million to support a uniform we need and at the same time separate at the same time. transliteration and translation system The PRESIDING OFFICER. Is there those few bad apples. Technology will to identify each visitor entering and allow us to do that. But we are not objection? exiting. You don’t want to let someone Without objection, it is so ordered. doing it. Again, we run the risk that in because Mohammed or Bill was The Senator from New York. our porous borders will serve as an at- spelled incorrectly and that person traction to those who want to be in slipped through the borders. AMENDMENT NO. 3655 this country to do evil things, either I ask unanimous consent for 1 addi- Mr. SCHUMER. Mr. President, I offer here or abroad. tional minute. the Schumer amendment on immigra- The amendment I have offered would The PRESIDING OFFICER. Without tion security. The amendment is at the provide funding necessary to strength- objection, it is so ordered. desk, I believe. en the eyes and ears and coordination Mr. SCHUMER. The bottom line is The PRESIDING OFFICER. The of personnel at our country’s borders. simple. We have a long way to go to clerk will report. Perhaps the greatest threat to our make our borders safe. The frustration The legislative clerk read as follows: country as a whole is what New York that many of us have is we can do it The Senator from New York [Mr. SCHUMER] Times columnist Thomas Friedman has but we are not. Again, we are taking proposes an amendment numbered 3655. called ‘‘people of mass destruction’’ or tiny baby steps where bold, imagina- Mr. SCHUMER. Mr. President, I ask PMDs coming through our borders. It tive, and large steps are required. No unanimous consent that reading of the was people of mass destruction who one, no matter what their ideology, amendment be dispensed with. turned airplanes into missiles on 9/11, party, or even vote on this measure, The PRESIDING OFFICER. Without and we have to do something to avoid wants to repeat what happened at 9/11 objection, it is so ordered. that. when people came across our borders The amendment is as follows: My amendment contains five parts. and should not have. This amendment (Purpose: To appropriate an additional First, the amendment provides $200 will help close that loophole. It is $350,000,000 to improve the security at million to help bring the biometric worth the cost. I urge its adoption. points of entry into the United States) technology already at our busiest ports I yield the floor. On page 7, line 16, strike ‘‘$2,413,438,000,’’ of entry up to the standards called for The PRESIDING OFFICER. The Sen- and insert the following: ‘‘$2,763,438,000, of by the 9/11 Commission and the task ator from Mississippi. which $200,000,000 shall be reserved for the force report. The 19 hijackers who in- Mr. COCHRAN. Mr. President, this International Civil Aviation Organization to vaded my city and our country 3 years amendment would add to the bill $350 establish biometric and document identifica- ago ran through the borders in a wave million for components of the United tion standards to measure multiple immu- of deception. Were there more accurate States Visitor and Immigration Status table physical characteristics, including fin- Indicator Technology system, known gerprints, eye retinas, and eye-to-eye width measures of identifying those terror- and for the Department of Homeland Secu- ists when they entered the country, we as US VISIT. We have included the rity to place multiple biometric identifiers might not have suffered 9/11. amount requested by the administra- at each point of entry; of which $50,000,000 Three years after 9/11, it is staggering tion in this bill for the US VISIT sys- shall be reserved for a program that requires that we are leaving so much of our tem in the amount of $340 million. So S9206 CONGRESSIONAL RECORD — SENATE September 14, 2004 the Senator’s amendment would double now year after year, that what happens the appropriate vehicle for further de- the amount that is already included in is the path of least resistance is fol- bate and amendments if Senators want the bill. The amendment will cause the lowed and the money is distributed on to offer amendments dealing with the bill to exceed the committee’s 302(b) al- a per capita basis. I don’t think that is formula for distributing State and location. Therefore, I make a point of good for any State, whether it is a local first responder grant funding. order under section 302(f) of the Con- large State or a small State, or any This should not be done on an appro- gressional Budget Act that the amend- State in any part of our country. priation bill, on this bill, as the Sen- ment provides spending in excess of the Some have argued my amendment ator seeks to do with her amendment. subcommittee’s 302(b) allocation. would take money away from other Therefore, I move to table the amend- Mr. SCHUMER. Mr. President, pursu- States, particularly the small States. ment and ask for the yeas and nays. ant to section 904 of the Congressional It does not. The money that was guar- The PRESIDING OFFICER. Is there a Budget Act of 1974, I move to waive the anteed to the small States, to all sufficient second? There is a sufficient applicable sections of that act for the States, will continue to flow. But what second. purposes of the pending amendment, we have done is to say, wait a minute, The yeas and nays were ordered. and I ask for the yeas and nays. the Secretary of this Department Mr. COCHRAN. Mr. President, I The PRESIDING OFFICER. Is there a should begin to be able to develop a think we are at a point now where the sufficient second? threat assessment. And let’s look at Senator from Massachusetts has an There appears to be. There is. our critical infrastructure. Every State amendment, which is the only one left The yeas and nays were ordered. has such infrastructure. Instead, the under the agreed-upon process for fi- Mr. COCHRAN. Mr. President, under money is going out to the States and nalizing the handling of the bill. the order previously entered, there is they are spending it as they see fit, The PRESIDING OFFICER. The Sen- an opportunity for consideration of a without necessary regard for our na- ator from Massachusetts is recognized. pending Kennedy amendment or the of- tional interests and our homeland se- AMENDMENT NO. 3626 fering of amendment No. 3631 by Sen- curity concerns, some of which cross Mr. KENNEDY. Mr. President, I un- ator CLINTON. State and county borders, and I believe derstand we have 21⁄2 minutes. I yield The PRESIDING OFFICER. The Sen- that looking to this opportunity as rec- myself 1 minute 15 seconds. I will yield ator from New York is recognized for 5 ommended by the 9/11 Commission is the remaining time to my friend and minutes. absolutely essential. colleague, the Senator from Florida, AMENDMENT NO. 3631 So my amendment embodies the fac- Senator GRAHAM. Mrs. CLINTON. Mr. President, I call tors that were noted by the 9/11 Com- Mr. President, in May of 2001, Presi- up amendment No. 3631. mission and it gives the administra- dent Bush appointed General Scowcroft The PRESIDING OFFICER. The tion—not me—and the Department of to review the intelligence system to amendment is pending. Homeland Security the discretion and make recommendations about how it Mrs. CLINTON. Mr. President, this authority to come up with any other could be more effective for the Presi- amendment—sponsored by myself and factors they believe are relevant. dent of the United States. General Senators ENSIGN, LAUTENBERG, FEIN- It is time we follow the advice of the Scowcroft has been relied upon by STEIN, BOXER, and CORZINE—follows the experts—this Commission and the Rud- Democratic and Republican Presidents. recommendation in the 9/11 Commis- man Commission. Every commission He is one of the distinguished generals sion. What it does is to put into our and every security expert who has and foreign policy experts and arms bill language that permits the Sec- looked at this has come to the same control individuals. He issued such a retary of the Department of Homeland conclusion: We should give the Sec- report 3 months after 9/11. Security to allocate the money above retary discretion to develop a threat It seems to me the most important the minimum that goes to all States. matrix to do a risk analysis, and then decision we are going to make in this In other words, 38 percent of the money to make sure the money is distributed body by the time we have adjournment for homeland security will be distrib- accordingly. I hope for the sake of our is going to be intelligence reform. This uted on a per capita basis to all States. homeland defense and in keeping with particular amendment says we believe The remaining 62 percent, which is the the words of this Commission, you will the Scowcroft Commission report subject of my amendment, will be dis- support the Clinton-Ensign amend- ought to be made available to all the tributed as recommended by the 9/11 ment. Senator ENSIGN wanted to get Members of the Senate. If there has to Commission and every other expert back in time to be part of the debate, be a classified annex, so be it. Over the who has studied this issue on threat but it moved a little more quickly than course of the last weeks, we have had factors and risk assessments that will we had expected. I look forward to Secretary Rumsfeld who commented on take into account matters such as pop- working with him and working with it. This is what he said in the Armed ulation, population density, critical in- our colleagues to ensure that we do Services Committee: frastructure, and such other factors as this right. the Secretary considers appropriate. I have been briefed on the Scowcroft Com- We have spent a lot of money and we mission record. I don’t see any reason why We have debated this on the floor for have given a lot of equipment and there shouldn’t be a process so it can be de- a number of years. I engaged in a col- given a lot of local communities money classified. loquy about this back in July of 2003 that, frankly, according to the articles I asked him a question: when we were considering the Home- that are often printed about this, they land Security appropriations. I have Was there anything in there that you are looking for ways to spend. thought could be declassified? spoken on numerous occasions with Mr. President, I hope we will vote for Secretary Ridge. I know we have been this amendment. He said: given assurance that there would be de- I ask unanimous consent that Sen- No, I cannot recall anything that could not be declassified. veloped some kind of threat matrix so ator SCHUMER be added as a cosponsor. we could take into account the full The PRESIDING OFFICER. Without Senator WARNER, for the record, said range of issues that should be consid- objection, it is so ordered. the Scowcroft Commission has not ered. I am not in any way suggesting Mr. COCHRAN. Mr. President, the been released by the White House. We what those factors should be. I think funds allocated for this program in this are going to seek to see whether we can food security should be among them. I bill are done on a formula basis under have greater access to it. think our petrochemical complexes the provisions of the U.S.A. PATRIOT Senator ROBERTS said: should be among them. Act. The Senate Governmental Affairs I had talked to Scowcroft last Thursday. I I think our laboratories in States Committee held hearings on this issue begged on my hands and knees to release the such as New Mexico should be among and has reported out a bill, S. 1245, the report. them. I think there are probably Homeland Security Grant Enhance- That is what we are doing, releasing threat-based assessments that would ment Act, to deal with domestic pre- the report. apply to every single State. But we paredness grants and how they are dis- Mr. GRAHAM of Florida. I strongly know, having gone through this debate tributed. That is the legislation that is support the amendment. We have had September 14, 2004 CONGRESSIONAL RECORD — SENATE S9207 too much classification of material, [Rollcall Vote No. 180 Leg.] chusetts (Mr. KERRY) are necessarily which has had the result of making us YEAS—49 absent. less secure, not more secure. The ex- Alexander Dole Miller The PRESIDING OFFICER. Are there pert opinion of people like General Allard Domenici Murkowski any other Senators in the Chamber de- Scowcroft ought to be made available Allen Ensign Nickles siring to vote? Bennett Enzi to the American people and the Con- Roberts The yeas and nays resulted—yeas 43, Bond Fitzgerald Santorum gress so it can be used as we attempt to Brownback Frist Shelby nays 51, as follows: construct systems that will make us Bunning Graham (SC) Smith [Rollcall Vote No. 181 Leg.] Burns Grassley Snowe safer. Chafee Gregg YEAS—43 Specter Chambliss Hagel There is no reason for the extensive Stevens Baucus Feinstein Mikulski Cochran Hatch classification process used in this ad- Sununu Bayh Graham (FL) Murray Coleman Hutchison Biden Harkin Talent Nelson (FL) ministration, ranging from the Scow- Collins Inhofe Boxer Hollings Thomas Nelson (NE) croft report to the classification of 27 Cornyn Kyl Breaux Inouye Pryor Craig Lugar Voinovich pages of our Senate-House joint in- Byrd Jeffords Reed Crapo McCain Warner Cantwell Johnson Reid quiry relating to the role of foreign DeWine McConnell Carper Kennedy Rockefeller governments in assisting the terror- Clinton Kohl NAYS—45 Sarbanes ists. This would be a good place to Corzine Landrieu Schumer Baucus Dorgan Levin Daschle Lautenberg start. The American people will be Specter Bayh Durbin Lieberman Dayton Leahy safer by our actions. Biden Feingold Lincoln Dodd Levin Stabenow Mr. COCHRAN. Mr. President, let me Bingaman Feinstein Mikulski Durbin Lieberman Wyden Boxer Graham (FL) Murray Feingold Lincoln make a couple points I think are im- Breaux Harkin Nelson (FL) portant before we vote on this amend- Byrd Hollings Nelson (NE) NAYS—51 ment. This is a report—the subject of Cantwell Inouye Pryor Alexander Crapo Lugar this amendment by Senator KENNEDY— Carper Jeffords Reed Allard DeWine McCain Clinton Johnson Reid Allen Dole McConnell that was prepared at the President’s Conrad Kennedy Rockefeller Bennett Domenici Miller request to advise him on intelligence Corzine Kohl Sarbanes Bingaman Dorgan Murkowski issues. The report constitutes privi- Daschle Landrieu Schumer Bond Ensign Nickles leged advice to the President from a Dayton Lautenberg Stabenow Brownback Enzi Roberts Dodd Leahy Wyden Bunning Fitzgerald Santorum confidential adviser. NOT VOTING—6 Burns Frist Shelby In order to protect the ability of not Chafee Graham (SC) Smith Akaka Edwards Lott Chambliss Grassley Snowe only this President but future Presi- Campbell Kerry Sessions Cochran Gregg Stevens dents in their ability to receive advice The motion was agreed to. Coleman Hagel Sununu as a matter of separation of powers, Collins Hatch Talent Mr. COCHRAN. Mr. President, I move recognized previously by the courts, Conrad Hutchison Thomas to reconsider the vote. Cornyn Inhofe Voinovich Presidents of both parties have long de- Mr. REID. I move to lay that motion Craig Kyl Warner clined to turn over to Congress privi- on the table. NOT VOTING—6 leged advice that is prepared for them The motion to lay on the table was at their request. For this same reason, Akaka Edwards Lott agreed to. Campbell Kerry Sessions the President does not ask Members of Mr. COCHRAN. Mr. President, my Congress to turn over advisory infor- The PRESIDING OFFICER. On this understanding of the order is another mation prepared for us by our staff question, the yeas are 43, the nays are vote will occur on an amendment with- members. We think this is a tradition 51. Three-fifths of the Senators duly out intervening debate under the that should be honored in this case. chosen and sworn not having voted in order? the affirmative, the motion is rejected. I am prepared to move to table the The PRESIDING OFFICER. The Sen- The point of order is sustained and the amendment if no other Senator wants ator is correct. amendment falls. to be recognized. If others want to Mr. COCHRAN. This vote will be a 10- Mr. COCHRAN. I move to reconsider speak on the issue, I am happy to yield minute vote. Would the Chair state the the vote. the floor. question before the Senate? Mr. HATCH. I move to lay that mo- Mr. President, I move to table the Mr. REID. Will the Senator yield? tion on the table. amendment of the Senator from Massa- Mr. COCHRAN. I am happy to yield. The motion to lay on the table was chusetts and ask for the yeas and nays. Mr. REID. Mr. President, I ask that agreed to. The PRESIDING OFFICER. Is there a the unanimous consent agreement be AMENDMENT NO. 3655 sufficient second? amended so that all succeeding votes The PRESIDING OFFICER. The be 10 minutes in duration. There is a sufficient second. question is on agreeing to the motion The PRESIDING OFFICER. Without to waive the Budget Act with regard to The question is on agreeing to the objection, it is so ordered. amendment No. 3655 by the Senator motion. The clerk will call the roll. Mr. REID. I thank the Chair. from New York, Mr. SCHUMER. The legislative clerk called the roll. VOTE ON AMENDMENT NO. 3656 The yeas and nays have been ordered. Mr. MCCONNELL. I announce that The PRESIDING OFFICER. The The clerk will call the roll. the Senator from Colorado (Mr. CAMP- question is on agreeing to the motion The legislative clerk called the roll. BELL), the Senator from Mississippi to waive the Budget Act with respect Mr. MCCONNELL. I announce that (Mr. LOTT), and the Senator from Ala- to Schumer amendment No. 3656. The the Senator from Colorado (Mr. CAMP- bama (Mr. SESSIONS), are necessarily yeas and nays have been ordered. BELL), the Senator from New Mexico absent. The clerk will call the roll. (Mr. DOMENICI), the Senator from Mis- The assistant legislative clerk called sissippi (Mr. LOTT), and the Senator Mr. REID. I announce that the Sen- the roll. from Alabama (Mr. SESSIONS) are nec- ator from Hawaii (Mr. AKAKA), the Sen- Mr. MCCONNELL. I announce that essarily absent. ator from North Carolina (Mr. ED- the Senator from Colorado (Mr. CAMP- Mr. REID. I announce that the Sen- WARDS), and the Senator from Massa- BELL), the Senator from Mississippi ator from Hawaii (Mr. AKAKA), the Sen- chusetts (Mr. KERRY) are necessarily (Mr. LOTT), and the Senator from Ala- ator from North Carolina (Mr. ED- absent. bama (Mr. SESSIONS) are necessarily WARDS), and the Senator from Massa- The PRESIDING OFFICER. Are there absent. chusetts (Mr. KERRY) are necessarily any other Senators in the chamber de- Mr. REID. I announce that the Sen- absent. siring to vote? ator from Hawaii (Mr. AKAKA), the Sen- The PRESIDING OFFICER. Are there The result was announced—yeas 49, ator from North Carolina (Mr. ED- any other Senators in the Chamber de- nays 45, as follows: WARDS), and the Senator from Massa- siring to vote? S9208 CONGRESSIONAL RECORD — SENATE September 14, 2004 The result was announced—yeas 44, [Rollcall Vote No. 183 Leg.] The PRESIDING OFFICER. Without nays 49, as follows: YEAS—54 objection, the amendments will be con- [Rollcall Vote No. 182 Leg.] Alexander Daschle Lincoln sidered en bloc and are adopted en bloc. Allard Dayton Lugar The amendments were agreed to, as YEAS—44 Baucus Dole McConnell follows: Bayh Dorgan Miller Baucus Graham (FL) Lincoln AMENDMENT NO. 3614 Bayh Hagel Mikulski Bennett Enzi Murkowski Bond Feingold Nelson (NE) (Purpose: To set aside $50,000,000 from the Biden Harkin Murray Brownback Fitzgerald Pryor Boxer Hollings Nelson (FL) amount appropriated for law enforcement Bunning Frist Roberts Breaux Hutchison Nelson (NE) terrorism prevention grants to identify, Burns Graham (SC) Rockefeller Byrd Inouye Pryor acquire, and transfer homeland security Cantwell Jeffords Carper Grassley Shelby technology, equipment, and information to Reed Chafee Gregg Smith Clinton Johnson Reid State and local law enforcement agencies) Corzine Kennedy Chambliss Hagel Snowe Rockefeller Daschle Kohl Cochran Harkin Stevens On page 19, line 22, strike the colon and in- Sarbanes Dayton Landrieu Coleman Hatch Sununu sert the following: ‘‘, of which $50,000,000 Schumer Dodd Lautenberg Collins Inhofe Talent shall be used for grants to identify, acquire, Durbin Leahy Specter Conrad Johnson Thomas and transfer homeland security technology, Feingold Levin Stabenow Craig Kohl Voinovich equipment, and information to State and Feinstein Lieberman Wyden Crapo Kyl Wyden local law enforcement agencies:’’ NAYS—39 NAYS—49 AMENDMENT NO. 3643 Allen Ensign McCain (Purpose: To express the sense of the Senate Alexander Craig McConnell Biden Feinstein Mikulski concerning the American Red Cross and Allard Crapo Miller Bingaman Graham (FL) Murray Critical Biomedical Systems) Allen DeWine Murkowski Boxer Hollings Nelson (FL) Bennett Dole Nickles Breaux Hutchison Nickles At the appropriate place, insert the fol- Bingaman Dorgan Roberts Byrd Inouye Reed lowing: Bond Ensign Santorum Cantwell Jeffords Reid SEC. ll. SENSE OF THE SENATE CONCERNING Brownback Enzi Shelby Clinton Kennedy Santorum THE AMERICAN RED CROSS AND Bunning Fitzgerald Smith Cornyn Landrieu Sarbanes CRITICAL BIOMEDICAL SYSTEMS. Burns Frist Snowe Corzine Lautenberg Schumer (a) FINDINGS.—The Senate finds that— Carper Graham (SC) Stevens DeWine Leahy Specter Chafee Grassley (1) the blood supply is a vital public health Sununu Dodd Levin Stabenow resource that must be readily available at all Chambliss Gregg Durbin Lieberman Warner Cochran Hatch Talent times, particularly in response to terrorist Coleman Inhofe Thomas NOT VOTING—7 attacks and natural disasters; Collins Kyl Voinovich Akaka Edwards Sessions (2) the provision of blood is an essential Conrad Lugar Warner Campbell Kerry part of the critical infrastructure of the Cornyn McCain Domenici Lott United States and must be protected from NOT VOTING—7 The motion was agreed to. threats of terrorism; (3) disruption of the blood supply or the Akaka Edwards Sessions Mr. COCHRAN. Mr. President, I move compromising of its integrity could have Campbell Kerry to reconsider the vote. Domenici Lott wide-ranging implications on the ability of Mr. BAUCUS. I move to lay that mo- the United States to react in a crisis; and The PRESIDING OFFICER. On this tion on the table. (4) the need exists to ensure that blood col- vote, the yeas are 44, the nays are 49. The motion to lay on the table was lection facilities maintain adequate inven- Three-fifths of the Senators duly cho- agreed to. tories to prepare for disasters at all times in sen and sworn not having voted in the AMENDMENT NO. 3607 all locations. Mr. COCHRAN. Mr. President, under (b) SENSE OF THE SENATE.—It is the sense affirmative, the motion is rejected. of the Senate that the Department of Home- The point of order is sustained, and the the previous order, the amendment of land Security’s Information Analysis and In- amendment falls. the Senator from Florida adding funds frastructure Protection should consult with Mr. COCHRAN. Mr. President, I move for the Red Cross is the pending busi- the American Red Cross to— to reconsider the vote by which the ness, which should be adopted by voice (1) identify critical assets and interdepend- vote. encies; point of order was sustained, and I (2) perform vulnerability assessments; and move to lay that motion on the table. The PRESIDING OFFICER. The question is on agreeing to the amend- (3) identify necessary resources to imple- The motion to lay on the table was ment protective measures to ensure con- ment. agreed to. tinuity of operations and security of infor- The amendment (No. 3607) was agreed mation technology systems for blood and VOTE ON AMENDMENT NO. 3631 to. blood products. The PRESIDING OFFICER. Under Mr. COCHRAN. I move to reconsider AMENDMENT NO. 3644 the previous order, the question is on the vote. (Purpose: To encourage the Secretary of agreeing to the motion to table amend- Mr. REID. I move to lay that motion Homeland Security to place special empha- ment No. 3631. The yeas and nays have on the table. sis on the recruitment of American Indi- previously been ordered. The clerk will The motion to lay on the table was ans, Alaska Natives, and Native Hawaiians call the roll. agreed to. into Disaster Assistance Employee cadres AMENDMENTS NOS. 3614, 3643, 3644, 3646, 3647, AND maintained by the Emergency Prepared- The assistant legislative clerk called ness and Response Directorate) the roll. 3648, EN BLOC Mr. COCHRAN. Mr. President, I ask At the appropriate place, insert the fol- Mr. MCCONNELL. I announce that unanimous consent that the Senate lowing: the Senator from Colorado (Mr. CAMP- ll proceed to the en bloc consideration of SEC. . DISASTER ASSISTANCE EMPLOYEE BELL), the Senator from New Mexico CADRES OF EMERGENCY PREPARED- the following amendments: amendment NESS AND RESPONSE DIRECTORATE. (Mr. DOMENICI), the Senator from Mis- No. 3614 proposed by Ms. COLLINS and (a) IN GENERAL.—The Secretary of Home- sissippi (Mr. LOTT), and the Senator Mr. PRYOR; amendment No. 3647 pro- land Security is encouraged to place special from Alabama (Mr. SESSIONS) are nec- posed by Ms. STABENOW, Mr. CRAIG, Mr. emphasis on the recruitment of American In- essarily absent. dians, Alaska Natives, and Native Hawaiians LEVIN, Mr. CRAPO, Mr. JEFFORDS, Mr. for positions within Disaster Assistance Em- Mr. REID. I announce that the Sen- BIDEN, and Mr. ROCKEFELLER; amend- ator from Hawaii (Mr. AKAKA), the Sen- ployee cadres maintained by the Emergency ment No. 3648 proposed by Mr. SHELBY; Preparedness and Response Directorate. D ator from North Carolina (Mr. E - amendment No. 3643 proposed by Mr. (b) REPORT.—The Secretary of Homeland WARDS), and the Senator from Massa- ROBERTS; amendment No. 3646 proposed Security shall report periodically to the Sen- chusetts (Mr. KERRY) are necessarily by Mr. TALENT and Mr. BOND; and ate and the House of Representatives with absent. amendment No. 3644 proposed by Ms. respect to— (1) the representation of American Indians, The PRESIDING OFFICER. Are there MURKOWSKI, Mr. INOUYE, and Mr. STE- any other Senators in the Chamber de- Alaska Natives, and Native Hawaiians in the VENS. Disaster Assistance Employee cadres; and siring to vote? These amendments have been agreed (2) the efforts of the Secretary of Home- The result was announced—yeas 54, to on both sides of the aisle, and I ask land Security to increase the representation nays 39, as follows: they be adopted en bloc. of such individuals in the cadres. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9209

AMENDMENT NO. 3646 The Senator from Nevada [Mr. REID], pro- SEC. ll. LIAISON FOR DISASTER EMERGENCIES. (Purpose: To express the sense of the Senate poses an amendment numbered 3653, as modi- (a) DEPLOYMENT OF DISASTER LIAISON.—If that the Director of the Office for State fied. requested by the Governor or the appropriate and Local Government Coordination and Mr. REID. Mr. President, I ask unan- State agency of the affected State, the Sec- Preparedness be given limited authority to imous consent that the reading of the retary of Agriculture may deploy disaster li- approve requests from State Homeland Se- aisons to State and local Department of Ag- amendment be dispensed with. riculture Service Centers in a federally de- curity Directors to reprogram Federal The PRESIDING OFFICER. Without homeland security grant funds to address clared disaster area whenever Federal Emer- specific security requirements based on objection, it is so ordered. gency Management Agency Personnel are de- credible threat assessments) The amendment is as follows: ployed in that area, to coordinate Depart- On page 39, between lines 5 and 6, insert On page 12, line 23, insert before the last ment programs with the appropriate disaster the following: period ‘‘: Provided, That not to exceed agencies designated under the Robert T. SEC. 515. It is the sense of the Senate $53,000,000 may be provided for transpor- Stafford Disaster Relief and Emergency As- that— tation worker identification credentialing sistance Act (42 U.S.C. 5121 et seq.). (1) the Director of the Office for State and and $2,000,000 for tracking trucks carrying (b) QUALIFICATIONS.—A disaster liaison Local Government Coordination and Pre- hazardous material’’. shall be selected from among Department paredness be given limited authority to ap- The PRESIDING OFFICER. Is there employees who have experience providing prove requests from the senior official re- further debate on the amendment? If emergency disaster relief in federally de- sponsible for emergency preparedness and re- not, without objection, the amendment clared disaster areas. (c) DUTIES.—A disaster liaison shall— sponse in each State to reprogram funds ap- is agreed to. propriated for the State Homeland Security (1) serve as a liaison to State and Federal The amendment (No. 3653), as modi- Emergency Services; Grant Program of the Office for State and fied, was agreed to. Local Government Coordination and Pre- (2) be deployed to a federally declared dis- paredness to address specific security re- Mr. REID. I move to reconsider the aster area to coordinate Department inter- quirements that are based on credible threat vote. agency programs in assistance to agricul- assessments, particularly threats that arise Mr. STEVENS. I move to lay that tural producers in the declared disaster area; after the State has submitted an application motion on the table. (3) facilitate the claims and applications of describing its intended use of such grant The motion to lay on the table was agricultural producers who are victims of funds; agreed to. the disaster that are forwarded to the De- partment by the appropriate State Depart- (2) for each State, the amount of funds re- The PRESIDING OFFICER. The Sen- programmed under this section should not ment of Agriculture agency director; and ator from Alaska. (4) coordinate with the Director of the exceed 10 percent of the total annual alloca- Mr. STEVENS. Mr. President, I call tion for such State under the State Home- State office of the appropriate Department land Security Grant Program; and to the attention of the members of the agency to assist with the application for and (3) before reprogramming funds under this Appropriations Committee that there distribution of economic assistance. section, a State official described in para- will be a markup in our committee of (d) DURATION OF DEPLOYMENT.—The deploy- graph (1) should consult with relevant local three bills at 10:30. We will also con- ment of a disaster liaison under subsection officials. sider appropriations bills on the floor (a) may not exceed 30 days. (e) DEFINITION.—In this section, the term AMENDMENT NO. 3647 tomorrow morning. ‘‘federally declared disaster area’’ means— (Purpose: To allow State Homeland Security The PRESIDING OFFICER. The Sen- (1) an area covered by a Presidential dec- Program grant funds to be used to pay ator from Mississippi. laration of major disaster, including a dis- costs associated with the attendance of AMENDMENTS NOS. 3657, 3658, AND 3659, EN BLOC aster caused by a wildfire, issued under sec- part-time and volunteer first responders at Mr. COCHRAN. Mr. President, I send tion 301 of the Robert T. Stafford Disaster terrorism response courses approved by the three amendments to the desk: one on Relief and Emergency Assistance Act (42 Office for State and Local Government Co- U.S.C. 5170); or behalf of Senators DURBIN and AKAKA; ordination and Preparedness) (2) determined to be a disaster area, includ- On page 21, line 4, insert ‘‘Provided further, one on behalf of Senator DOMENICI; and ing a disaster caused by a wildfire, by the That funds under this heading may be used one on behalf of Senator TALENT. I un- Secretary under subpart A of part 1945 of to provide a reasonable stipend to part-time derstand these amendments have been title 7, Code of Federal Regulations. and volunteer first responders who are not cleared on both sides of the aisle. I ask MODIFICATION TO AMENDMENT NO. 3589 otherwise compensated for travel to or par- unanimous consent that they be adopt- Mr. COCHRAN. Mr. President, not- ticipation in terrorism response courses ap- ed en bloc. proved by the Office for Domestic Prepared- withstanding the adoption of amend- The PRESIDING OFFICER. Without ment No. 3589, I ask unanimous consent ness, which stipend shall not be paid if such objection, the amendments are adopted first responder is otherwise compensated by that the amendment be modified with an employer for such time and shall not be en bloc. the following change: On line 7 of the considered compensation for purposes of ren- The amendments were agreed to, as amendment, insert ‘‘and the Com- dering such first responder an employee follows: mittee on Environment and Public under the Fair Labor Standards Act of 1938 AMENDMENT NO. 3657 Works of the Senate’’ after ‘‘Govern- (29 U.S.C. 201 et seq.):’’ after ‘‘Homeland Se- (Purpose: To provide for reporting by the curity:’’. mental Affairs.’’ Chief Financial Officer and the Chief Infor- The PRESIDING OFFICER. Without AMENDMENT NO. 3648 mation Officer of the Department of Home- objection, it is so ordered. The amend- (To require the President’s fiscal year 2006 land Security) ment is so modified. budget to include an amount sufficient for On page 39, between lines 5 and 6, insert funding a certain level of maritime patrol the following: Mr. COCHRAN. Mr. President, I move capability) SEC. 515. Sections 702 and 703 of the Home- to reconsider the vote by which the On page 16, line 4, before the period at the land Security Act of 2002 (6 U.S.C. 342 and three amendments adopted previously end, insert the following: ‘‘: Provided, further, 343) are amended by striking ‘‘, or to another were agreed to. That the budget for fiscal year 2006 that is official of the Department, as the Secretary Mr. NICKLES. I move to lay that mo- submitted under section 1105(a) of title 31, may direct’’ each place it appears. tion on the table. United States Code, may include an amount AMENDMENT NO. 3658 The motion to lay on the table was for the Coast Guard that is sufficient to fund At the appropriate place, insert the fol- agreed to. delivery of a long-term maritime patrol air- lowing: Mr. REID. Will the Senator yield? craft capability that is consistent with the SEC.. original procurement plan for the CN–235 air- Mr. COCHRAN. I will be happy to Section 208(a) of Public Law 108–137; 117 yield to my friend. craft beyond the three aircraft already fund- Stat. 1849 is amended by striking ‘‘current’’ ed in previous fiscal years’’. and inserting ‘‘2005’’. Mr. REID. Mr. President, we worked real hard today. It is my understanding AMENDMENT NO. 3653, AS MODIFIED AMENDMENT NO. 3659 Mr. REID. Mr. President, amendment we will have no votes tomorrow. (Purpose: To require the Secretary of Agri- Mr. COCHRAN. Mr. President, I yield No. 3653 is at the desk. I send a modi- culture to deploy disaster liaisons when re- fication to that amendment to the quested by a Governor or appropriate State the floor. desk. agency in a federally declared disaster DUGWAY PROVING GROUND’S FIRST RESPONDER The PRESIDING OFFICER. The area) CLASSES clerk will report. At the appropriate place, insert the fol- Mr. HATCH. Mr. President, I would The legislative clerk read as follows: lowing: like to compliment my friend, Senator S9210 CONGRESSIONAL RECORD — SENATE September 14, 2004 COCHRAN. He has been a tireless advo- priations Committee to limit the re- concerned that they may be hard cate for defending the homeland. His cipients of port security grants to only pressed to respond effectively to an- subcommittee has made impressive UASI cities but rather to maintain the other storm like Henri or Isabel. strides in helping to prepare first re- distribution criteria utilized in the fis- Mr. BIDEN. I know that no existing sponders for a day that we all hope will cal year 2003 wartime supplemental. FEMA program was intended to buy never come. Therefore, I rise to share Mr. INOUYE. Mr. President, will the out an entire community but $30 mil- my thoughts about the First Responder distinguished Senator from Mississippi lion is a lot of money in a State like Classes that are taught at Dugway yield for a clarification? mine. I believe additional Federal as- Proving Ground. Mr. COCHRAN. I yield to the senior sistance for Glenville will help the These Ph.D driven courses focus on Senator from Hawaii. State and the county finish their work agent characteristics, sampling, pro- Mr. INOUYE. Mr. President, it is my there while maintaining sufficient tection, detection, decontamination understanding that the House version emergency response capacity to deal and chemical/biological production rec- of the Homeland Security appropria- with future storms. ognition, such as the difference be- tions bill has language that clarifies Mr. COCHRAN. I thank the Senators tween clandestine drug laboratories, this point. I would like to express my from Delaware for this discussion and industrial accidents or chemical/bio- hope that the House language be pre- assure them that I will continue to as- logical production capabilities. Addi- served in the final version of the bill. sist them in their effort to work with tionally, Dugway, as part of its effort FLOOD ASSISTANCE FEMA on additional Federal funding. to provide innovative training capabili- Mr. CARPER. Mr. President, I thank Mr. DORGAN. Mr. President, I thank ties, has also built a ‘‘training town’’ Senator COCHRAN and Senator BYRD for the managers of the Homeland Secu- in order for students to assess a situa- working with Senator BIDEN and me to rity Appropriations bill, Senators tion and determine the proper course of try and assist the community of Glen- COCHRAN and BYRD, for agreeing to ac- action. The high quality of these class- ville, in New Castle County, DE. About cept an amendment that I cosponsored. es is reflected in the comments from 1 year ago, on September 16, 2003, Trop- This amendment will ensure prompt the Chief of the HAZMAT Unit of one ical Storm Henri dropped between 8 funding for the accelerated deployment of our largest cities who has cat- and 10 inches of rain on the northern of Northern Border Air Wing run by the egorized the program as ‘‘one that all part of our State over a 14-hour period. Department of Homeland Security. In the wake of the September 11 at- first responders should attend’’ and Glenville was hardest hit. Every street tacks, Congress mandated the estab- many other students that have stated in that development, home to 200 fami- lishment of a Northern Border Air it was the best training they had expe- lies, was flooded. Many resident’s had to be rescued from their homes by Wing. The Department of Homeland rienced. Security, which is responsible for im- Mr. COCHRAN. I thank my colleague boat. Hurricane Isabel hit just days plementing this initiative, intends to for his kind words. Identifying the very later, causing further damage. Vir- have 5 bases, in Washington, Montana, best in first responder training pro- tually the entire community is now un- North Dakota, Michigan, and New grams is a priority for the sub- inhabitable. York, from which planes can be dis- committee. Accordingly, the sub- Mr. BIDEN. Mr. President, Delaware patched to track, identify, and inter- committee has created a system in Governor Ruth Ann Minner’s requests for Federal disaster relief following cept any unauthorized aircraft de- which the Department of Homeland Se- tected on the northern border. Henri and Isabel was approved and curity distributes funding through a I have been working with Depart- FEMA was on the ground in Glenville competitive grant program. I appre- ment officials in particular on their ciate the Senator’s comments on the immediately to assist. Since last Sep- plan to base one of those air wings in quality of classes conducted at Dugway tember, however, we have come to the Grand Forks, ND, which is a major Proving Ground. I look forward to realization that more help is needed. aerospace center, and would be an in- hearing about the program’s continued Repairs to flood-damaged homes would valuable base in this effort. progress in the future. be difficult because Glenville, hit hard Despite the urgency of this initia- Mr. HATCH. Mr. President, I appre- in 1994 by Hurricane Floyd, is certain tive, the dollars were simply lacking ciate my colleague’s comments. to suffer repeated flooding. The State for its prompt implementation. At the PORT SECURITY GRANTS of Delaware and New Castle County funding levels called for in the admin- Mr. AKAKA. Mr. President, I rise have now stepped in with $15 million istration’s budget and the original ap- today to engage in a colloquy con- each to purchase and destroy flood- propriations bill, the Northern Border cerning language in the Senate version damaged homes. Air Wing would not have been fully es- of H.R. 4567, the Department of Home- Mr. COCHRAN. I appreciate the Sen- tablished, staffed, and equipped until land Security Appropriations Act, re- ators’ comments regarding the disaster 2008. garding the distribution of the port se- situation in Delaware last September. This amendment will allow the De- curity grant program. There are two programs at the Federal partment of Homeland Security to pro- Under current policy, any port des- Emergency Management Agency to ad- cure aircraft for, and begin operations ignated as a critical national seaport dress a portion of this problem. The at, all 5 air bases on the northern bor- terminal may apply for a port security first program is the Hazard Mitigation der in fiscal year 2005. grant even though the grants are fund- Grant Program which is available to I believe that this is an essential ed through the Urban Area Security States such as the Senators’ which step, and I thank my colleagues for ac- Initiative, UASI, grant program. I have been declared disaster areas by cepting our amendment. would like to clarify that it is the in- the President. I am informed by FEMA Mr. BIDEN. Mr. President, I will vote tent of Congress that the port security that funds are available to assist the in favor of this Homeland Security Ap- grant program continue to be adminis- Glenville community with home propriations bill today, but I do so with tered in this manner, and not limited buyouts. The other program available great reservation and with the knowl- to ports in UASI cities, as such a pol- to the State is the Pre-Disaster Mitiga- edge that its funding levels are woe- icy would deprive many American tion Program which is a Federal grant fully inadequate for the job of pro- ports of crucial security funding. program which accepts competitive ap- viding an effective defensive front in I would like to ask my distinguished plications. However, I understand that the war on terror. colleague from Mississippi if he agrees these programs do not provide the re- Our highest priorities, as a Congress that it is the intent of Congress to con- sources to fully buy out the Glenville and as a Nation, have to be the secu- tinue the distribution of port security community at one time. rity of the homeland and prevailing in grants to all national critical seaports Mr. CARPER. I appreciate the Sen- the fight against terrorism. I fear that as has been done in the past? ator’s comments. Delaware is now fac- the bill before us does not provide the Mr. COCHRAN. Mr. President, the ing the beginning of another hurricane resources necessary to meet these pri- Senator from Hawaii is correct. I ap- season. With the amount of money the orities. preciate the opportunity to clarify this State and the county have put into the This bill does not reflect my prior- point. It is not the intent of the Appro- mitigation effort in Glenville, we are ities, nor does it represent a homeland September 14, 2004 CONGRESSIONAL RECORD — SENATE S9211 security budget I would write. I voted those who voted against these funds lion. I have been joined by Senator against the President’s budget when it justify their position. JOHN ENSIGN of Nevada and a bipar- was before the Senate earlier this year. How can my friends on the other side tisan group of Senators in this very im- One of the main reasons I gave then for of the aisle vote against additional re- portant effort to enhance security and my opposition to the majority’s budget sources to secure our seaport and rail- convenience for our Nation’s air trav- resolution was its low level of funding way systems? The $2 billion I ref- elers. for homeland security. Today, unfortu- erenced earlier also included an addi- As passengers traveling through St. nately, we are seeing the results of tional $350 million for transit and rail Louis, Kansas City, and other airports that budget. security grants, along with an addi- across the country have surely noticed, The President’s priorities seem to be tional $125 million for port security a number of bulky baggage screening along the lines of tax cuts for the grants. machines sit in crowded terminal wealthy and a missile defense system. Not once since the attacks of 9/11 has buildings where they were temporarily Those are not my priorities. My prior- the administration asked for an addi- placed in the aftermath of 9/11. ities are the safety and security of my tional dollar of funding to protect pas- I am concerned that the current situ- constituents and of the Nation. This sengers on our Nation’s rails. More ation creates safety and security risks bill reflects the President’s priorities, people pass through Penn Station in and unduly inconveniences the trav- as his tax cuts have left us with too New York City every day than pass eling public since passengers are forced few dollars to adequately secure the through all 3 of that city’s major air- to work their way around these obtru- homeland. ports, to take just one example. But sive machines. Additionally, the cur- Let me give just a few examples of not a dime of new money has been re- rent in-lobby configuration unneces- where this bill is deficient. Senator quested by the President to protect sarily wastes Federal resources since BYRD offered an amendment to add $2 those passengers. in-lobby equipment requires additional billion to this $33 billion Homeland Se- The Commerce committee, under the screening personnel to operate, trans- curity Appropriations bill. I voted in leadership of Senator MCCAIN and Sen- fer bags, and the like. favor of this proposal; yet, the major- ator HOLLINGS, has reported legislation The goal of our amendment is to pro- ity voted in lock-step against it. Sen- authorizing over $1.1 billion to enhance vide additional resources to move EDS ator BYRD included in his amendment rail security. As my good friend from equipment from airport lobbies out of funds to double the amounts allocated California has said, that legislation has the way and behind the scenes as part to deploy radiation monitors at our not passed the Senate. In fact, since of an airport’s baggage system. This is ports. The Department of Homeland the attacks of 9/11 the Congress has re- a costly undertaking requiring exten- Security estimates it will cost $496 mil- fused to authorize additional security sive construction at airports. The lion to deploy enough radiation mon- resources for Amtrak. Anonymous project cost estimate at St. Louis, for itors to screen all inbound container- holds on the other side of the aisle example, is $90 million, and $34 million ized cargo at the Nation’s busiest have blocked action for 2 Congresses. at Kansas City. Nationwide, estimates ports; yet, the Department has insisted The administration has done nothing to permanently install EDS equipment upon deploying this technology over a to get that legislation—bipartisan in airports run from $4 billion to $5 bil- 5-year period. I do not believe we have bills—moving. That ought to be a scan- lion. While costly, it is clear that EDS in- 5 years to wait, and Senator BYRD dal. stallation should be a high priority for would have doubled the pace of this ef- I am pleased that the amendment of- the Federal Government. I made that fort. How can opponents justify voting fered by Senator CARPER and Senator point in a March letter to the Senate against these funds? BOXER has been accepted. That will subcommittee responsible for drafting Also included in this $2 billion give Amtrak a fighting chance to get the DHS spending bill. Additionally, I amendment was an additional $100 mil- some of the funding this bill makes would note that the 9/11 Commission lion to beef up passenger security available for rail and transit security. Report, which Congress is in the midst screening at airports. One of the por- But this will not feed the bulldog, Mr. of considering, also calls for expediting tions of the 9/11 Commission’s Report President. This will not close the obvi- the ‘‘installation of advanced (in-line) that leapt out at me dealt with the se- ous gaps in our rail security. Given the baggage screening equipment as part of curity vulnerabilities that remain in low priority that rail security has been its aviation-related recommenda- our airports. According to the Commis- given, despite known and announced tions.’’ sion, ‘‘[t]he TSA and the Congress threats, I can only hope that Amtrak Our amendment is fully offset must give priority attention to improv- will get its share of the funds. I hope through a reduction of $75 million in an ing the ability of screening check- that when we revisit rail security in account aimed at establishing informa- points to detect explosives on pas- the next Congress, we will not regret tion technology connectivity between sengers. As a start, each individual se- the delay and penny-pinching that we TSA and airports. While IT lected for special screening should be have displayed on this issue. connectivity is certainly an important screened for explosives.’’ This bill is underfunded and short- goal, that account has been increased I expect it would surprise many of sighted, and I regret that the amend- by $154 million over last year’s level my constituents to know that the long ments I supported to add needed home- under the current bill, and a $75 mil- lines we all go through at airports do land security dollars were not included. lion reduction still leaves $218 million not result in passengers being screened While the bill before us today does not available for that purpose. only for metal objects. When Russian reflect my priorities, I will vote for it Given the difficulties that airports airplanes are being blown out of the so that funds can continue to flow to around the country are beginning to sky, likely by Chechen terrorists car- our States, our critical infrastructures, face with increasing wait times at rying explosives, and when the so- and for the day-to-day operations of screening checkpoints as air traffic called ‘‘shoe bomber,’’ Richard Reid, the Department of Homeland Security. continues to rebound, it is critical that tries to blow up a Miami-bound plane But I look forward to debating appro- we act now to move forward with EDS with carried-on explosives, we know we priations bills that do reflect my prior- installation projects as quickly as pos- need to do a better job. But this bill ities, and that truly do all we should do sible. Adoption of this amendment is provides only $75 million to continue to to secure the homeland and wage an ef- critical if we are to make any real test for chemical and explosive mate- fective war on terror. progress in that regard. rial. Industry representatives have re- Mr. BOND. Mr. President, I lend my Mr. MCCAIN. Mr. President, as we de- ported to me that these systems are support to a very important issue that bate the Department of Homeland Se- ready to be deployed now, and that we would provide funding for the perma- curity appropriations bill for fiscal need merely to spend the resources nent installation of explosive detection year 2005, threats against our country necessary to deploy them around the system, EDS, equipment in airports. and our way of life continue to mount. country. The $100 million proposed by This amendment would increase the The reality of the world in which we Senator BYRD would have started us overall amount of money of EDS in- live today is that terrorists are plot- down that road, and I do not know how stallation from $250 million to $325 mil- ting ways to destroy our way of life S9212 CONGRESSIONAL RECORD — SENATE September 14, 2004 and seek to destroy the freedoms and bill, I remain encouraged that the Ap- homeland, including action on 9/11 liberties we cherish. propriations Committee has resisted Commission recommendations, we can The recently released 9/11 Commis- the urge to load its DHS appropriations take another important step by passing sion report outlines the failures that legislation with unrequested spending. this legislation. lead to the September 11 terrorist at- I urge my colleagues to hold strong as Mr. President, once again, I thank tacks and poses 41 recommendations on the bill continues through the legisla- the appropriators for their efforts to how to address identified failures and tive process. move a relatively clean homeland secu- deter future terrorist attacks. Senators I would be remiss if I did not point rity appropriations bill. I yield the LIEBERMAN, SPECTER, BAYH and others out that the few earmarks contained in floor. have joined with me introducing legis- this bill are targeted, as usual, to the The PRESIDING OFFICER. The lation that encompasses all of the home States of appropriators. Exam- question is on the engrossment of the Commission recommendations. A num- ples of earmarks and directive lan- amendments and third reading of the ber of the Commission’s recommenda- guage include: bill. tions relate directly to the Department The bill provides $15.4 million for the The amendments were ordered to be of Homeland Security and merit dis- Coast Guard’s bridge alteration pro- engrossed, and the bill to be read a cussion today. gram, despite the fact that the Presi- third time. Obviously, one of the best ways to dent requested no funds for this pro- The bill was read the third time. prevent terrorists from attacking our gram. The report then earmarks the Mr. COCHRAN. Mr. President, I ask country is to prevent them from enter- funds as follows: $4.4 million for the for the yeas and nays. ing in the first place. The Commission Florida Avenue Bridge, New Orleans, The PRESIDING OFFICER. Is there a urges the Government to integrate LA; $3 million for the EJ&E Railroad sufficient second? watch lists, speed up the full imple- Bridge, Morris, IL; $5 million for the There appears to be a sufficient sec- mentation of USVISIT, which is an Fourteen Mile CSX Railroad Bridge, ond. automated biometric exit and entry Mobile, AL; $3 million for the Bur- The bill having been read the third program, and work with our allies to lington Northern Santa Fe Bridge, Bur- time, the question is, Shall the bill better coordinate terrorist travel intel- lington, IA. pass? The clerk will call the roll. ligence. Actions must be taken to close The bill provides $5 million above the The legislative clerk called the roll. current gaps in our security that allow President’s request for identified pe- Mr. MCCONNELL. I announce that people to travel into the United States rimeter security and firearms range the Senator from Colorado (Mr. CAMP- without passports or other identifica- needs, and the report specifies that the BELL), the Senator from New Mexico tion. Though challenging, it will be extra funds are to be spent at the Fed- (Mr. DOMENICI), the Senator from Mis- possible to tighten security and imple- eral Law Enforcement Training Center sissippi (Mr. LOTT), and the Senator ment needed changes as recommended in Artesia, NM; from Alabama (Mr. SESSIONS) are nec- by the Commission without unneces- Agricultural pests: citing Hawaii’s essarily absent. sarily impeding the flow of people in ‘‘globally significant natural environ- Mr. REID. I announce that the Sen- and out of our country. ment,’’ the Committee report states ator from Hawaii (Mr. AKAKA), the Sen- The Commission also was clear that that DHS should work with the U.S. ator from North Carolina (Mr. ED- ‘‘[h]omeland security assistance should Department of Agriculture and the Ha- WARDS), and the Senator from Massa- be based strictly on an assessment of waii Department of Agriculture in chusetts (Mr. KERRY) are necessarily risks and vulnerabilities’’ and that sharing information and expertise to absent. ‘‘Congress should not use this money ensure protection against agricultural The PRESIDING OFFICER. Are there as a pork barrel.’’ As the Commission pests. In this time of heightened secu- any other Senators in the Chamber de- reported, ‘‘[p]opulation density, vulner- rity and exploding federal budgets, one siring to vote? ability and critical infrastructure should question the need for such a The result was announced—yeas 93, should be the criteria by which home- provision. I, for one, had not been un- nays 0, as follows: land security assistance is based. I aware of an impending scourge of agri- [Rollcall Vote No. 184 Leg.] whole-heartedly agree. We must con- cultural pests—pests that obviously YEAS—93 tinue to resist any urge to earmark have the good sense to live in a state Alexander Dodd Lincoln homeland security funds and I am that is popular travel destiny—pose a Allard Dole Lugar pleased by the restraint the Appropria- threat to the security of the homeland. Allen Dorgan McCain Out of the acquisition, construction, Baucus Durbin McConnell tions Committee has once again shown Bayh Ensign Mikulski while considering this homeland secu- improvements and related expenses ac- Bennett Enzi Miller rity funding legislation. count provided for the Federal Law En- Biden Feingold Murkowski Just 2 years ago, we created the third forcement Training Center, the com- Bingaman Feinstein Murray Bond Fitzgerald Nelson (FL) largest Government agency, the De- mittee report specifically identifies al- Boxer Frist Nelson (NE) partment of Homeland Security, bring- terations and maintenance funding for Breaux Graham (FL) Nickles ing 21 distinct Federal agencies under buildings at four locations three of Brownback Graham (SC) Pryor the direction of one Department. Since which happen to be represented by ap- Bunning Grassley Reed Burns Gregg Reid that time, considerable progress has propriators. The locations are Artesia, Byrd Hagel Roberts been made in protecting our country. NM; Cheltenham, MD; Charleston, SC; Cantwell Harkin Rockefeller However, as succinctly stated in the and Glynco, GA. Carper Hatch Santorum Chafee Hollings Sarbanes Commission’s report, we are still not Mr. President, the role of our Depart- Chambliss Hutchison Schumer safe. We have yet to adequately de- ment of Homeland Security is perhaps Clinton Inhofe Shelby velop strong measures to protect our most vital when it comes to protecting Cochran Inouye Smith air, land, and sea ports of entry. Our our Nation’s borders. I am pleased that Coleman Jeffords Snowe Collins Johnson Specter borders remain porous. We need to de- the committee has continued to fund Conrad Kennedy Stabenow velop more efficient ways for states improvements in the technology avail- Cornyn Kohl Stevens and localities to receive much needed able for the Department of Homeland Corzine Kyl Sununu Craig Landrieu Talent funding to increase their preparedness Security to protect our borders. How- Crapo Lautenberg Thomas for a terrorist attack. I also remain ever, money alone will not solve this Daschle Leahy Voinovich very concerned at the continuing prob- problem. We must reform our immigra- Dayton Levin Warner lems surrounding interoperability. tion laws while we work to improve DeWine Lieberman Wyden I commend the chairman of the DHS border security. NOT VOTING—7 Subcommittee, Senator COCHRAN, for Historians will judge the 108th Con- Akaka Edwards Sessions developing an appropriations bill with gress by the way we address inter- Campbell Kerry minimal earmarks or unrequested national terrorism and respond to the Domenici Lott spending. Although this is only the sec- attacks of September 11. While much The bill (H.R. 4567), as amended, was ond Homeland Security Appropriations work remains to be done to secure our passed. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9213 (The bill will be printed in a future judgmental. She just cares about peo- ity to be a friend and confidant to all, edition of the RECORD.) ple—constituents, colleagues, strang- whether you have known her for 8 The PRESIDING OFFICER. Under ers. She reads people, and she worries years or 8 days.’’ the previous order, the Senate insists about them. In conclusion, I’d like to say a word on its amendment and requests a con- It is also not surprising that Katie to Katie’s parents, Tim and Mimi Ilg. ference with the House of Representa- moved up in my office quickly. By De- Thank you. Katie is solid in her values tives on the disagreeing votes of the cember 2000, she took a position as my and beliefs. She is grounded. She is eth- two Houses. personal assistant. Though, after a ical. She has a great sense of right and The Presiding Officer appointed Mr. year and a half, she left our office wrong. And, she loves her family more COCHRAN, Mr. STEVENS, Mr. SPECTER, briefly to work for JP Morgan, she than anything else in the world. She is Mr. DOMENICI, Mr. MCCONNELL, Mr. came back in February 2003—this time a good daughter to you; granddaughter SHELBY, Mr. GREGG, Mr. CAMPBELL, Mr. as my executive assistant, a manage- to Lois; sister to Julie; companion to CRAIG, Mr. BYRD, Mr. INOUYE, Mr. HOL- ment position that put her in charge of that boy in Detroit, we know as Mert; LINGS, Mr. LEAHY, Mr. HARKIN, Ms. MI- my personal assistant and scheduler. and friend to countless others. KULSKI, Mr. KOHL, and Mrs. MURRAY Katie has thrived in this job. She is Every once in a while, we are fortu- conferees on the part of the Senate. an excellent manager and role model. nate enough to have a Katie Ilg come Mr. SANTORUM. I suggest the ab- She works so hard and is so dedicated. into our lives. Without question, Katie sence of a quorum. She is always looking out for me—al- has been one of the best things to hap- The PRESIDING OFFICER. The ways taking care of me, always putting pen to my office since I have been here clerk will call the roll. up with me—which, some would say is in the Senate. While my wife, Fran, The legislative clerk proceeded to certainly not an easy thing to do. I’ve and I are sad to see her go, we know it call the roll. called her at all hours, and she’s al- is time for her to move on, as she has Mr. FRIST. Mr. President, I ask ways there to help—always there with many more lives to touch and people to unanimous consent that the order for the same enthusiasm and good nature. help. the quorum call be dispensed with. Katie never complains, or makes ex- We know she will just be a phone call The PRESIDING OFFICER. Without cuses, or passes the buck to someone or an e-mail away. And, I’m sure we’ll objection, it is so ordered. else. No job is ever too small—or too see her at a few OSU football games f big. this fall. Nevertheless, we’re going to Indeed, Katie Ilg is a very special miss you, Katie Ilg. God bless you, and MORNING BUSINESS young woman. No one knows that bet- thank you for everything. You are cer- Mr. FRIST. Mr. President, I ask ter than the people Katie has worked tainly one of a kind. unanimous consent that there now be a with in my office. I’d like to share f period of morning business for debate some of the words that my staff has only with Senators speaking up to 10 used to describe Katie. I think they LOCAL LAW ENFORCEMENT ACT minutes each. paint a very accurate picture of ex- OF 2003 The PRESIDING OFFICER. Without actly who she is. Mr. SMITH. Mr. President, I rise objection, it is so ordered. Katie is ‘‘thoughtful and thorough.’’ today to speak about the need for hate f She is ‘‘sweet, bubbly, ebullient, com- crimes legislation. On May 1, 2003, Sen- ator KENNEDY and I introduced the TRIBUTE TO KATIE ILG passionate, generous, warm, steady—a calming influence.’’ Local Law Enforcement Enhancement Mr. DEWINE. Mr. President, I come ‘‘She is willing to do anything for Act, a bill that would add new cat- to the Senate today with mixed emo- others. She is always there for you egories to current hate crimes law, tions. A very important, very trusted when you need her—whether in a work sending a signal that violence of any member of my staff—Katie Ilg—is leav- environment or on a personal level. kind is unacceptable in our society. ing our office to embark on a host of She is the person everyone goes to for On May 30, 2000 in Salt Lake City, new adventures in Chicago. While I am support, a good job done, a laugh, a UT, a man armed with a pellet gun happy for her and proud of her as she joke. . . . She keeps the office alive!’’ stormed into a gym, fired several begins this new chapter in her life, I ‘‘Katie is cute, perky, friendly, posi- shots, and made threatening comments am also sad to see her go. Katie has be- tive, upbeat.’’ to the gay people in the gym. The come a central figure in our office. As And, no matter who you ask, there club’s manager said the gym is a my executive assistant, she has been are four words that everyone uses to health and social club for gay and my right hand for the last year and a describe her: straight men. half. She has been my friend. Katie is caring, selfless, genuine—and I believe that the Government’s first I take a few minutes today to talk short! She makes me look tall! Though duty is to defend its citizens, to defend about Katie and the impact she has had Katie is a tiny little thing in body, she them against the harms that come out on my office and me and to thank her is a giant in spirit. She is a powerful, of hate. The Local Law Enforcement for all she has done for us. positive force, who is smart, quick, and Enhancement Act is a symbol that can Katie first came to us in April 2000, intuitive. She makes good decisions— become substance. I believe that by after graduating from John Carroll good choices. She follows her heart and passing this legislation and changing University near Cleveland. Her first job trusts her instincts. Above all else, current law, we can change hearts and in my office was as a staff assistant, Katie makes a difference each day—not minds as well. where she answered phones, dealt with in big splashy ways, necessarily, but in f flag requests, and gave tours of the just a touch on the shoulder or through Capitol. The thing that most impressed a kind word. TRIBUTE TO NANCY KASSEBAUM me about Katie was that she would al- Katie is a good person. And, there is BAKER AND AMBASSADOR HOW- ways go the extra mile for Ohio con- goodness in everything that she does. ARD BAKER stituents—or anyone who wandered As her dear friend Matt said, Mr. KENNEDY. Mr. President, I wel- into my office, for that matter. She ‘‘Whether comforting a family member come this opportunity to pay tribute would listen to them with great com- in a time of loss or discomfort, coun- to our former Senate colleagues, Nancy passion and concern. She was patient seling a friend through a difficult life Kassebaum Baker and Ambassador and understanding and a great ambas- challenge or affliction, celebrating a Howard Baker, for their leadership in sador for my office. success with a co-worker or classmate, organizing a regional conference in Of course, this is not surprising to or orienting an old friend to a new city, Tokyo on ‘‘strategies for combating anyone who knows Katie. The fact is Katie is always there with genuine and human trafficking in Asia.’’ Together, that people are drawn to her. She en- heartfelt words, actions, and deeds no they led the U.S. Embassy’s effort to dears herself to people. She is kind to matter the occasion and regardless of bring together government officials, people. She goes out of her way for oth- the other personal commitments she nongovernmental organizations and ers. She isn’t showy or elaborate or has at the time. . . . She has the abil- multilateral organizations in a 2-day S9214 CONGRESSIONAL RECORD — SENATE September 14, 2004 conference in June on the most effec- Administration from 1946 to 1954. After trait, painted by Tennessee artist Mi- tive ways to deal with the global he was promoted to Deputy Director in chael Shane Neal, of Senator Vanden- scourge of human trafficking. The con- 1955, he became Director in 1958 and berg in the Reception Room just out- ference was cosponsored by the Vital served in that position until he retired side of this Chamber. The Senate, in Voices Global Partnership and the in 1966. 2000, selected Senator Vandenberg for International Labor Organization. Dr. Elsbree was born in Preston Hol- this rare honor, along with Senator The conference took place several low, N.Y., on Feb. 24, 1904. He grad- Robert F. Wagner of New York. They days after the publication of the State uated from Phillips Andover Academy join only five others, known as the Department’s annual Trafficking in in 1921 and received three degrees from ‘‘Famous Five’’ whose portraits grace Persons Report. Japan and other coun- Harvard University: a Bachelors in the beautiful Reception Room, Sen- tries were placed on the ‘‘watch list’’ 1925, Masters in 1927, and Doctorate in ators Henry Clay of Kentucky, Daniel for not fully complying with minimum 1930. He was also elected a member of Webster of Massachusetts, John C. Cal- standards for the elimination of human Phi Beta Kappa. houn of South Carolina, Robert M. La trafficking. Officials from the National Dr. Elsbree taught in Harvard’s Gov- Follette, Sr. of Wisconsin, and Robert Policy Agency of Japan and the Justice ernment Department from 1928 to 1933 A. Taft of Ohio. Ministry participated in the con- and then at Dartmouth University Arthur Vandenberg was born in ference, and several high level officials from 1933 to 1943. Dr. Elsbree was a po- Grand Rapids, MI on March 22, 1884. were among the keynote speakers. litical science professor from 1937 to After studying law at the University of Japan announced that it has estab- 1943 and chairman of Dartmouth’s Po- Michigan, he worked as a reporter for lished an inter-ministerial body to ad- litical Science Department from 1937 to the Grand Rapids Herald, later becom- dress the challenge through a number 1941. ing the managing editor for the paper. Following the death of U.S. Senator of actions, including drafting new leg- His Government service began with a Woodbridge Ferris in March 1928, he islation to strengthen existing rules short stint as a research specialist for was appointed by Governor Fred Green and penalties. Representatives from the Federal Power Commission in 1934 to fill the vacancy, a seat that he was many other countries including India, and continued during World War II. He already campaigning for. In November moved to Washington and worked for Cambodia, Thailand, the Philippines, of 1928, he was elected in his own right. the Office of Price Administration as Russia, and Colombia, also participated He was reelected three times, rose to principal business economist from 1943 in the conference, as did U.S. Govern- become chairman of the Senate For- to 45 and for the Bureau of Budget as ment officials. eign Relations Committee and the Each year, at least 1 million human an administrative analyst from 1945 to President Pro-Tempore of the Senate beings, predominantly women and chil- 46. and served in the Senate until his During the period of his library serv- dren, are shipped across national death, from lung cancer, in 1951. Al- boundaries and sold into what has be- ice, he was given a special assignment though he is best known for his views come modern-day slavery. Traffickers as deputy director of research for the on foreign policy, among his many no- use fraud, coercion and outright kid- Commission on Intergovernmental Re- table accomplishments was the estab- napping to obtain their victims. No lations from 1954 to 1955, and from lishment of the FDIC, the Federal De- country is immune from this problem. March 1957 to September 1958 he served posit Insurance Corporation in 1933. Both the United States and Japan are as chairman of the Political Science Vandenberg entered the Senate as an destination countries. Such trafficking Department at Wayne State Univer- isolationist, an advocate of very lim- is a flourishing criminal industry, sec- sity. ited U.S. involvement in international ond only to criminal drug and arms A longtime member of the American affairs. However, after the Japanese at- trafficking. Human trafficking is an Political Science Association, Dr. tack at Pearl Harbor, he recognized the urgent global challenge and progress Elsbree was the managing editor of the Nation’s greater interest and rose against it is possible only through American Political Science Review— above partisanship to become one of international cooperation. 1952–56. After he retired from the LRS, the strongest proponents of a bipar- As Ambassador Baker said in opening Dr. Elsbree and his LRS predecessor, tisan foreign policy. On January 10, the meeting: ‘‘I hope the ideas that Ernest S. Griffith, edited a series of 35 1945, in this chamber, he delivered the come out of this conference help vic- volumes on U.S. Government depart- ‘‘speech heard round the world’’ calling tims all over the world.’’ I commend ments and agencies. for the establishment of the United Na- our two former Senate colleagues for When Dr. Elsbree retired in 1966, the tions. He was largely responsible for convening this significant conference Senator ROBERT BYRD paid tribute to drafting the 1945 United Nations Char- to raise international awareness of Dr. Elsbree’s accomplishments in the ter, and he steered its passage through human trafficking and for bringing CONGRESSIONAL RECORD. Senator BYRD the Senate. He played a leading role in countries together to exchange best said in part: A political scientist of constructing the Marshall Plan, and he practices and develop effective strate- wide repute and a dedicated public offi- engineered the Senate ratification of gies to combat it. Their leadership is cial, Dr. Elsbree has earned the respect the NATO Treaty. an excellent example of our Nation’s and the confidence of the Congress A couple of years ago I read David commitment to address this global through his skillful and competent McCullough’s best-selling biography of scourge. leadership of the Legislative Reference Harry Truman. The book makes clear f Service in a period when Congress has the indispensable role of Vandenberg in experienced its greatest need for re- forging and maintaining the bipartisan DEATH OF HUGH LANGDON search assistance. coalition in Congress that supported ELSBREE To Dr. Elsbree’s brother, Willard, his Truman’s successful post-World War II Mr. LOTT. Mr. President, I rise today son, Hugh L. Elsbree, Jr. and his fam- strategy establishing America’s place to pay tribute to Hugh Langdon ily, friends, and former colleagues, I as a leader of the free world and setting Elsbree, who served as the Director of extend the Senate’s deepest sym- in motion the foreign policy which ul- the Library of Congress’ Legislative pathies. timately decades later won the cold Reference Service, LRS, from 1958 to f war. 1966. The LRS was the forerunner of Senator Arthur Vandenberg’s call to the Congressional Research Service, TRIBUTE TO SENATOR ARTHUR H. ‘‘unite our official voice at the water’s CRS. Dr. Elsbree, a resident of the VANDENBERG edge’’ resonated for many years, unit- Washington area for more than 50 Mr. LEVIN. Mr. President, today I ing Republicans and Democrats in sup- years, died on August 30, 2004. He was join all of my colleagues in paying port of the Nation’s foreign policy 100 years old. tribute to one of the giants of the through administrations of both par- Dr. Elsbree joined the Legislative United States Senate, a son of Michi- ties. The impact of his words were all Reference Service as a research counsel gan, Senator Arthur H. Vandenberg. the greater because of his own political in 1945 and served as senior specialist Earlier today, the Senate Commis- roots as a isolationist Republican lead- in American Government and Public sion on Art unveiled a wonderful por- er. Vandenberg, himself, often liked to September 14, 2004 CONGRESSIONAL RECORD — SENATE S9215 point out, Pearl Harbor ended isola- themselves injured in that fire. The manded, because he could. That is enough for tionism for any realist. people of California honor their work. me. I couldn’t care less whether he received Arthur Vandenberg was a forward- May God bless them for their dedica- a medal. The rest of it is frosting. There is looking man who saw beyond partisan tion and service. no honor in this debate for our country. We need to know whether a man can save the politics and worked for the good of the f economy and slow terrorism, not listen to country. His service in the Senate is an harangues about who was a shooter and who example of true bipartisan leadership, WILLIAM MCSWEENY was a dodger. which is so desperately needed today. Mr. LEAHY. Mr. President, my wife Most of the real heroics are performed by I know that all of my colleagues in Marcelle and I have been privileged to young kids and young officers who just ac- the Senate and the people of Michigan know Bill and Dorothy McSweeny dur- cept it as a cost of doing business in the pe- join me in celebrating the life and culiar exchange that is a combat battle- ing the time I have been in the Senate. ground. The whole place—and it does not works of this son of Michigan, and in During my conversations with them, matter which war we describe—is one of fear, congratulating the family of Senator I have especially appreciated their noise, smoke, confusion and a strange com- Arthur H. Vandenberg. sense of history. When Mr. McSweeny radeship where you might risk your life for f writes an op-ed piece, based on his someone you will never see again. I don’t know what the expression is in the Navy, but VOTE EXPLANATION knowledge and experience, I think we should pay special attention. the Army’s bittersweet joke is that the two Mr. REED. Mr. President, during Recently, he wrote one for the Wash- most dangerous words in the English lan- Senate consideration of Senate amend- guage are ‘‘follow me.’’ It takes courage to ington Post. Nothing I could say would utter those words and to follow that com- ments 3615 and 3617, I was attending a add to the value of this fine statement, memorial service for the father of my mand—something any veteran of any combat so I ask unanimous consent it be print- will recognize. Rhode Island colleague, Representative ed in the RECORD. It is time for some of us older veterans to JAMES LANGEVIN. Had I been present There being no objection, the mate- take one last stand and call on both parties for these votes I would have voted rial was ordered to be printed in the to drop this base and meaningless debate. At the end of the day, and the end of the battle, against the motion to table amend- RECORD, as follows: ment No. 3615, and I would have voted medals are just symbols. And the bravery of [From the Washington Post, Aug. 18, 2004] to waive the point of order against thousands of our soldiers has passed into his- amendment No. 3617. NO DEBATING A SENSE OF DUTY tory unheralded by stars and ribbons. By en- (By William McSweeny) gaging in mudslinging over this issue, both f campaigns undermine the bravery and honor I am from that generation of younger of all who serve in times of war and peace. DEATH OF FIREFIGHTER EVA brothers who just missed World War II and And they distract us from the real issues of SCHICKE went to war against communism in Korea in this election. 1950. Many of us became fathers to those who Mrs. BOXER. Mr. President, today, it John Kerry heard the siren song of his mo- fought in Vietnam and grandfathers to those ment—that fragile call on the wind that is is with a heavy heart that I pay tribute fighting in Iraq. the call to the colors. He went. He came to a fallen California firefighter. I would not presume to speak for a whole back. I give him credit for that. If he threw Firefighter Eva Schicke was killed generation, but as a veteran of that combat, some ribbons over the fence, he’s welcome to on Sunday, September 12, when her I say it is time to tell both presidential cam- mine. They lie quietly in a desk drawer, en- paigns to cease their macho posturing and crew was overwhelmed by flames after tombed with memories of better men who lie get on with real programs to run—or save— being dropped by helicopter to fight a in the dirt of faraway fields, where there our country. wildfire in the Tuolumne River Canyon really is no glory, but where courage and In our long-ago time, we went to war reluc- of the Stanislaus National Forest. compassion came with the C-rations. tantly against an unknown enemy in an un- Eva Schicke was part of an elite 7- They believed ours was a great country, known land. one that fought not for conquest or for gain person helicopter wildfire crew sta- But, we went. tioned at Columbia Air Attack Base in but because freedom isn’t free and someone The conditions were harsh. The fighting— has to pay for it. The bill comes due again in Columbia, CA. She and the six other pre-instant TV—was ferocious at the front this election. Let’s hope these two can- members of this helicopter crew self- and mostly unseen at home. When we came didates don’t leave us paupers. lessly risked their lives trying to pro- back, no one particularly cared, and only one f tect our communities and our treas- film (‘‘Pork Chop Hill’’) and a handful of ured forests. books remain to mark our passing. HUNGARIAN GOLD TRAIN That and a free South Korea. A graduate of California State Uni- We weren’t noticeably upset at men who Mrs. CLINTON. Mr. President, on versity at Stanislaus where she played deferred service and went to college (except May 24, 2004, 17 Senators wrote to At- basketball and majored in criminal jus- those who stole our girls). We didn’t come torney General John Ashcroft to urge tice, Eva Schicke worked part time as home with rows of medals—although many him to resolve the claims brought by a firefighter for more than 4 years. of us came home with injuries that still warn several thousand elderly Holocaust sur- When she died she was beginning to us of changes in the weather. We didn’t do vivors in the matter of the Hungarian pursue a career in nursing—yet an- any complaining. We just came home and got Gold Train. These survivors seek res- other testament to her generosity of on with our lives. titution and an accounting for the mis- Why did we go? Why did we allow our spirit and her desire to serve the com- young bodies and our young psyches to be handling, loss and theft of their prop- munity. subjected to a war so forgotten that even erty in the years after World War II. Not only was Ms. Schicke one of the today it has not been mentioned by either Administrations of both parties have few female firefighters to serve, she is candidate, both of whom failed to notice the made clear our belief that when faced now, tragically, the first ever female anniversary of its June beginning and July with evidence of wrongdoing, govern- firefighter from the California Depart- ending? ments should not rely on legalisms and ment of Forestry to die in the line of I believe it was because we knew that we technicalities to avoid responsibility. duty. should. Some of us enlisted as regular Army Those of us who wrote the Attorney I offer my sincere condolences to her infantry privates and later became combat officers because other men of the ‘‘greatest General hoped that our own Govern- family, friends, and classmates. I know generation’’ had done it and we should too. It ment would rise to the same level of they must be devastated by the loss of is a young man’s reaction to a sense of re- accountability when its own conduct this courageous, young woman. sponsibility and duty, done without much was at fault. I take this opportunity to extend my forethought. Unfortunately, the Justice Depart- gratitude to the search and rescue That, I believe, is the key ingredient in ment continues to resist these sur- team that went back in to recover Ms. John Kerry’s service in Vietnam—and why vivors strenuously in court. One dis- Schicke’s body. both campaigns should drop this contrived turbing tactic is to try to undercut the I also extend my gratitude and ex- issue. Government’s own research and admis- He did not have to go—because he had press my admiration for all of our fire- been. His tour on a destroyer was overseas sions. The facts about the Hungarian fighters, particularly the six members time enough. But he went to the boats be- Gold Train were first brought to light of the Columbia Helitack Team that cause other young men were there. The men by the Presidential Advisory Commis- fought by Ms. Schicke’s side and were and the boats had a mission—and he com- sion on Holocaust Assets, chaired by S9216 CONGRESSIONAL RECORD — SENATE September 14, 2004 Edgar Bronfman, in a ‘‘Progress Re- Plunder and Restitution: The U.S. and Holo- ment and Herrick Roth former leader port’’ issued in October 1999. The com- caust Victims’ Assets (‘‘Plunder and Restitu- of the Colorado Labor Movement and mission called the Gold Train ‘‘a mys- tion’’), did not repeat all the findings of the founder of the Colorado Forum. terious example of a single egregious Progress Report. There was no need to repeat Today LARASA continues to provide all of the specific findings because they had failure of the United States to follow already been made public and remained leadership in the areas of health, edu- [its own] policy’’ regarding restitution available. Rather the findings were summa- cation, public policy, leadership devel- of Holocaust victims’ property after rized along with many others in the final re- opment and community outreach. On World War II. Now, however, in its re- port. In no way, however, did PCHA intend the occasion of their 40th Anniversary cent filings in Federal court, the Jus- to retract or retreat from the findings of the I am proud to recognize their signifi- tice Department claims that the PCHA Progress Report. In fact, for years the cant achievements by entering this somehow retracted or backed away Progress Report remained prominently dis- statement into the RECORD.∑ played on PCHA’s web site and it remains from its findings. However, I recently f received a powerful letter from Edgar there today at http:// www.holocaustassets.gov/. RECOGNIZING IOWA EDUCATORS Bronfman, the chairman of that com- I hope this clarifies the historical record mission. Mr. Bronfman makes plain WHO PARTICIPATED IN THE NA- and addresses any questions your colleagues TIONAL HISTORY DAY 2004 SUM- that the commission stands by its re- may have on this point. port, which, as he points out, is still Yours sincerely, MER TEACHER INSTITUTE, POLI- prominently displayed on its website. I EDGAR M. BRONFMAN. TICS AND THE PRESS: THE IN- ask unanimous consent that Mr. Mrs. CLINTON. It is time for the Jus- FLUENCE OF THE MEDIA ON HIS- Bronfman’s letter be made part of the tice Department to do the right thing. TORY CONGRESSIONAL RECORD. It is time to stop the delay and stop ∑ Mr. GRASSLEY. Mr. President, I There being no objection, the mate- hiding behind legalisms and technical- would like to take a moment to con- rial was ordered to be printed in the ities. The Government should work gratulate two Iowa educators, Kelly RECORD, as follows: with the survivors to pay fair, timely Smith Arickx, a teacher at Rockford EDGAR M. BRONFMAN, and long overdue restitution. As my High School in Nora Springs, IA and New York, NY, August 25, 2004. colleagues and I wrote in May, for Naomi Peuse, an educator at the State Hon. HILLARY R. CLINTON, these survivors, justice delayed is jus- Historical Society of Iowa in Des U.S. Senate, Washington, DC. tice denied. Moines, IA. They were part of a group DEAR SENATOR: I have been reading your efforts as a member of the United States f of 25 educators selected from across America to participate in the National Senate to address some of the open but ex- ADDITIONAL STATEMENTS tremely important issues in the arena of res- History Day 2004 Summer Teacher In- titution for living victims of the Holocaust stitute, ‘‘Politics and the Press: The and their heirs. In particular, I am aware, as 40TH YEAR ANNIVERSARY OF THE Influence of the Media on History.’’ was reported in the recent edition of The Na- The institute took place from July 25 tional Journal, that you have taken on a LATIN AMERICAN RESEARCH AND SERVICE AGENCY to July 30, 2004, at the University of leadership role in seeking a fair and rapid Maryland in College Park, Maryland. settlement of the Hungarian Gold Train mat- ∑ Mr. CAMPBELL. Mr. President, I ter. This select group of participants As you know, I had the privilege of serving take this opportunity to recognize a from across the country had the oppor- as the Chairman of the Presidential Advisory significant service agency in my home tunity to work with prominent jour- Commission on Holocaust Assets in the State of Colorado. nalists and historians. They were ex- United States (‘‘PCHA’’) from its inception Forty years ago in Denver, CO a posed to an array of resources, includ- in 1998 through its conclusion in December small group of visionaries worked to ing oral histories and discussions, 2000. achieve their dream of eliminating the learning about various primary source PCHA was established by act of Congress disparities that existed between (P.L. 105–186) in 1998. the enabling legislation materials that can be incorporated into directed PCHA to ‘‘conduct a thorough study Latinos and the mainstream commu- teaching. and develop a historical record of the collec- nity. I am pleased to recognize Kelly tion and disposition of the assets’’ taken Prior to the passage of the Civil Smith Arickx and Naomi Peuse for from victims of the Holocaust by Nazi Ger- Rights Act on July 2, 1964, these vision- their accomplishment in having been many or by the governments it controlled, aries incorporated the first 501(c) 3 selected to participate in the National ‘‘if such assets came into the possession or non-profit agency in the Nation to ad- History Day Summer Teacher Insti- control of the Federal Government’’ at any dress the specific needs of Latinos. On tute. I am proud to have had them rep- time after January 30, 1933. As part of its March 3, 1964, the Latin American Re- ∑ task, PCHA was directed to file such interim resenting my home State of Iowa. reports with the President as it deemed ap- search and Service Agency was born. f Working with these visionaries was an propriate, and to submit a final report to the NATIONAL POW/MIA RECOGNITION President containing any recommendations enlightened philanthropic organization for legislative, administrative or other ac- that was the first in the Nation to take DAY tions it deemed necessary or appropriate. a risk of giving a significant grant to a ∑ Mr. CAMPBELL. Mr. President, I Puruant to its Congressional mandate Latino based agency. That agency at wish to say a few words today about PCHA issued one such interim report on Oc- the time known as the United Fund is the significance of observing Sep- tober 14, 1999, the Progress Report On: The Mystery Of The Hungarian Gold Train today known as the Mile High United tember 14, 2004 as National POW/MIA (‘‘Progress Report’’). The Progress Report is Way. Recognition Day, which honors the a comprehensive and in-depth historical Much has happened over the past memory of the POWs and MIAs who analysis of the Gold Train story and is, in four decades since attorney Roger have served in our Nation’s wars. my view, an accurate account of the United Cisneros first wrote the incorporation As my colleagues know, the United States’ handling and disposition of the ‘‘Gold papers for LARASA. In November of States has fought in numerous wars Train’’ property. Tragically, that report 1964 Mr. Cisneros became the first His- and thousands of Americans who made public the long-concealed facts that panic elected to the Colorado Senate served in those wars were captured by the United States mishandled the Hungar- ians’ property and disposed of it in violation since the early 1900’s. Bernard (Bernie) the enemy or listed as missing in ac- of our laws, a blemish on an otherwise mag- Valdez, the first Hispanic appointed to tion. In 20th Century wars alone, more nificent record at that time. a Denver Mayor’s Cabinet was the first than 147,000 Americans were captured When I learned that the Department of Chairman of LARASA’s Board of Direc- and became Prisoners of War; of that Justice has criticized the Progress Report, tors. Ms. Lena Archuletta who was the number more than 15,000 died while in and attempted to minimize its significance first Hispanic to serve as a school prin- captivity. When we add to this number in the current Federal court litigation, I cipal in the Denver Public Schools sys- those who are still missing in action, wanted to contact you about this urgent tem was the first Secretary of the matter and state my position as the former we realize that we cannot do enough to PCHA Chairman. Board. Also serving on the first board remember their service. In December 2000 PCHA issued its final re- of directors was Rodolfo ‘‘Corky’’ As a veteran who served in Korea, I port as required by P.L. 105–186. This report, Gonzales a leader in the Chicano Move- personally know that the remembrance September 14, 2004 CONGRESSIONAL RECORD — SENATE S9217 of another’s sacrifice in battle is one of record, a staggering .796 winning per- political career has risen or fallen the highest and most noble acts we can centage. From 1991 to 2000, he led the based on Channel 3 news coverage, and perform. Remembering demonstrates Vestavia Hills Rebels to 10 State titles, some of us are better off for it. Now if our indebtedness and gratitude for including a record 7 consecutive titles they would just purge that old file those who served that we might live in between 1994 and 2000. In 1998, the tape! freedom. Rebels were voted national champions Thank you, Channel 3, for being Many of us have visited one or more by Baseball America and the Baseball there through all these years of public of the military academies that train Coaches Association. In 2000, Vestavia service—from helping farmers through America’s future military leaders. Hills High School named its baseball the Agriculture Extension Service to These academies have varied missions field in honor of Coach Dunn. the advent of satellite hookups—to and yet all of them share in the critical Throughout Coach Dunn’s tenure, capture Vermont’s rich and unique his- task of developing leaders for their more than 100 players signed baseball tory.∑ particular branch of service. On the scholarships, and some went on to play f grounds of each academy is a chapel, professionally, including veteran Oak- MESSAGE FROM THE HOUSE spectacular places that are easily iden- land Athletic’s pitcher Chris Ham- tifiable as places of worship. mond, Cincinnati Red’s pitcher Josh At 5:09 p.m., a message from the In each chapel, a place has been re- Hancock, and New York Yankee pitch- House of Representatives, delivered by served for those prisoners of war and ing prospect Colter Bean. Moreover, his Mr. Hays, one of its reading clerks, an- the missing in action from each par- leadership inspired a handful of his nounced that the House has passed the ticular service. A pew has been set former players to pursue coaching ca- following bills, in which it requests the aside and marked by a candle, a power- reers, including his son Casey, who is concurrence of the Senate: ful symbol that not all have returned the head coach at Samford University. H.R. 1318. An act to name the Department from battle. These hallowed places Coach Dunn’s lifelong devotion to of Veterans Affairs outpatient clinic in Sun- have been set aside so that all POWs young people and the sport of baseball nyside, Queens, New York, as the ‘‘Thomas and MIAs are remembered with dignity made him an outstanding coach and P. Noonan, Jr., Department of Veterans Af- fairs Outpatient Clinic’’. and honor. It is a moving and emo- much deserving of these recent acco- H.R. 2400. An act to amend the Organic Act tional experience to pause at these re- lades. He is a devoted husband to of Guam for the purposes of clarifying the served pews, to be encouraged by the Linda, dedicated father to Casey, fa- local judicial structure of Guam. burning candle, to recall the valor and ther-in-law to Marty, and grandfather H.R. 2457. An act to authorize funds for an sacrifice of those soldiers, sailors, ma- to Sam. I wish him my sincerest con- educational center for the Castillo de Sam rines, and pilots and to be inspired gratulations on all of his achieve- Marcos National Monument, and for other today by what they have done. ments.∑ purposes. Yet, I believe we can and should do H.R. 3056. An act to clarify the boundaries f of the John H. Chafee Coast Barrier Re- more to honor the memory of all the TRIBUTE TO WCAX TELEVISION sources System Cedar Keys Unit P25 on Oth- POWs and MIAs who have so gallantly erwise Protected Area P25P. served our Nation. ∑ Mr. JEFFORDS. Mr. President, I pay H.R. 3478. An act to amend title 44, United The display of the POW/MIA flag is a tribute today to WCAX Channel 3, the States Code, to improve the efficiency of op- forceful reminder that we care not only CBS affiliate based in South Bur- erations by the National Archives and for them, but also for their families lington, VT, which will reach a mile- Records Administration and to reauthorize who personally carry with them the stone this month when it marks its the National Historical Publications and burden of sacrifice. We want them to 50th year of broadcasting. Records Commission. WCAX has documented many H.R. 4027. An act to authorize the Sec- know that they do not stand alone, retary of Commerce to make available to the that we stand with them and beside changes in my home State during that University of Miami property under the ad- them, as they remember the loyalty half-century, some for the better, some ministrative jurisdiction of the National and devotion of those who served. not. But Channel 3’s crucial role in Oceanic and Atmospheric Administration on Mr. President, I believe that those chronicling history cannot be over- Virginia Key, Florida, for use by the Univer- who have been captured or are missing stated. From its coverage of high sity for a Marine Life Science Center. in action in the Nation’s wars deserve school baseball to State House politics, H.R. 4481. An act to amend Public Law 86– to be honored with dignity and devo- Channel 3 gives Vermonters the news 434 establishing Wilson’s Creek National Bat- they need. The station’s patriarch, tlefield in the State of Missouri to expand tion. So today I ask my colleagues to the boundaries of the park, and for other join me in honoring these Americans Stuart ‘‘Red’’ Martin, is as much a part purposes. and their families by remembering of the Vermont fabric as the State’s H.R. 4632. An act to designate the facility their sacrifice and declaring that it dairy farms and dirt roads. of the United States Postal Services located will never be forgotten.∑ Vermont had the distinction of being at 19504 Linden Boulevard in St. Albans, New York, as the ‘‘Archie Spigner Post Office f the very last State in the Nation to have its own television station when Building’’. TRIBUTE TO COACH SAMMY DUNN WCAX aired its first broadcast from a H.R. 4836. An act to name the Department ∑ Mr. SHELBY. Mr. President, I pay transmitter at the top of Mount Mans- of Veterans Affairs medical center in Ama- rillo, Texas, as the ‘‘Thomas E. Creek De- tribute to a great Alabamian who has field, according to the authors of the partment of Veterans Affairs Medical Cen- made it his life’s work to teach our recently released book, ‘‘Freedom and ter’’. youth about being great athletes, fair Unity: a History of Vermont.’’ H.R. 5008. An act to provide an additional sportsmen, and strong members of In this book, the authors write, ‘‘By temporary extension of programs under the their community. then, the image of Vermont both with- Small Business Act and the Small Business Mr. Sammy Dunn, baseball coach of in and outside the State as an isolated, Investment Act of 1958 through September Vestavia Hills High School, was re- rural, museumlike, homogeneous, and 30, 2004, and for other purposes. cently inducted into the Alabama unchanging society was becoming in- The message also announced that the Sports Hall of Fame and named the Na- creasingly difficult to maintain.’’ In- House has agreed to the following con- tional High School Coaches Associa- deed it was, and Channel 3 was there to current resolutions, in which it re- tion baseball coach of the year. He has broadcast Vermont’s changing image quests the concurrence of the Senate: dedicated his life to coaching young into living rooms from one end of the H. Con. Res. 363. Concurrent resolution ex- men, not just on the athletic field, but State to the other. pressing the grave concern of Congress re- in life’s lessons. Today, Channel 3 has a little more garding the continuing gross violations of For 27 seasons, Coach Dunn served as competition than it did back in 1954, human rights and civil liberties of the Syr- head baseball coach at Vestavia Hills but it maintains the distinction of ian and Lebanese people by the Government of the Syrian Arab Republic. High School, where he built a nation- being ‘‘Vermont’s Own.’’ Over the H. Con. Res. 407. Concurrent resolution sa- ally recognized program. He won more years, Channel 3 has amassed a variety luting the life and courage of the late Com- games than any baseball coach in the of impressive awards too numerous to mander Lloyd ‘‘Pete’’ Bucher, United States history of Alabama and has a 621–159 list. But suffice it to say that many a Navy (retired), who commanded the U.S.S. S9218 CONGRESSIONAL RECORD — SENATE September 14, 2004 Pueblo (AGER–2) at the time of its capture EXECUTIVE AND OTHER Broker License Examination Date’’ by North Korea on January 23, 1968. COMMUNICATIONS (RIN1651–AA46) received on September 6, The message further announced that 2004; to the Committee on Finance. The following communications were EC–9150. A communication from the Chair- the House has passed the following bill, laid before the Senate, together with man, International Trade Commission, without amendment: accompanying papers, reports, and doc- transmitting, pursuant to law, a report enti- S. 1576. An act to revise the boundary of uments, and were referred as indicated: tled ‘‘US-Dominican Republic-Central Amer- Harpers Ferry National Historical Park, and ica Free Trade Agreement: Potential EC–9139. A communication from the Acting for other purposes. Economywide and Selected Sectoral Ef- Chief, Publications and Regulations Branch, fects’’; to the Committee on Finance. Internal Revenue Service, transmitting, pur- EC–9151. A communication from the Assist- f suant to law, the report of a rule entitled ant Secretary for Fish and Wildlife and ‘‘Applicable Federal Rates—September 2004’’ Parks, Fish and Wildlife Service, National MEASURES REFERRED (Rev. Rul. 2004–69) received on August 26, Wildlife Refuge Service, transmitting, pursu- 2004; to the Committee on Finance. ant to law, the report of a rule entitled The following bills were read the first EC–9140. A communication from the Acting ‘‘2004–2005 Refuge Specific Hunting and Sport and the second times by unanimous Chief, Publications and Regulations Branch, Fishing Regulations’’ (RIN1018–AT40) re- consent, and referred as indicated: Internal Revenue Service, transmitting, pur- ceived on September 6, 2004; to the Com- H.R. 1318. An act to name the Department suant to law, the report of a rule entitled mittee on Energy and Natural Resources. of Veterans Affairs outpatient clinic in Sun- ‘‘2004 National Protocol’’ (Rev. Proc. 2004–52) EC–9152. A communication from the Assist- nyside, Queens, New York, as the ‘‘Thomas received on August 26, 2004; to the Com- ant Secretary for Land and Minerals Man- P. Noonan, Jr., Department of Veterans Af- mittee on Finance. agement, Department of the Interior, trans- fairs Outpatient Clinic’’; to the Committee EC–9141. A communication from the Acting mitting, pursuant to law, the report of a rule on Veterans Affairs. Chief, Publications and Regulations Branch, entitled ‘‘Accounting and Auditing Relief for H.R. 2400. An act to amend the Organic Act Internal Revenue Service, transmitting, pur- Marginal Properties’’ (RIN1010–AC30) re- of Guam for the purposes of clarifying the suant to law, the report of a rule entitled ceived on September 13, 2004; to the Com- local judicial structure of Guam; to the Com- ‘‘Guidance Under Section 1502; Treatment of mittee on Energy and Natural Resources. mittee on Energy and Natural Resources. Loss Carryovers from Separate Return Limi- EC–9153. A communication from the Direc- tor, Office of Human Resources Management, H.R. 2457. An act to authorize funds for an tation Years’’ (RIN1545–BD58) received on Department of Energy, transmitting, pursu- educational center for the Castillo de San August 26, 2004; to the Committee on Fi- ant to law, the report of a vacancy and des- Marcos National Monument, and for other nance. ignation of acting officer for the position of purposes; to the Committee on Energy and EC–9142. A communication from the Acting Assistant Secretary for Environmental Man- Natural Resources. Chief, Publications and Regulations Branch, agement, Department of Energy, received on H.R. 3056. An act to clarify the boundaries Internal Revenue Service, transmitting, pur- September 6, 2004; to the Committee on En- of the John H. Chafee Coast Barrier Re- suant to law, the report of a rule entitled ‘‘Plan Amendments Following Election of ergy and Natural Resources. sources System Cedar Keys Unit P25 on Oth- EC–9154. A communication from the Chair- erwise Protected Area P25P; to the Com- Alternative Deficit Reduction Contribution’’ (Notice 2004–59) received on August 26, 2004; man, Federal Energy Regulatory Commis- mittee on Environment and Public Works. sion, transmitting, pursuant to law, a report H.R. 3478. An act to amend title 44, United to the Committee on Finance. EC–9143. A communication from the Acting relative to vegetation management practices States Code, to improve the efficiency of op- Chief, Publications and Regulations Branch, for designated transmission facilities and erations by the National Archives and Internal Revenue Service, transmitting, pur- rights-of-way; to the Committee on Energy Records Administration and to reauthorize suant to law, the report of a rule entitled and Natural Resources. the National Historical Publications and ‘‘July-September 2004 Bond Factor EC–9155. A communication from the Sec- Records Commission; to the Committee on Amounts’’ (Rev. Rule 2004–89) received on retary of Energy, transmitting, pursuant to Governmental Affairs. August 26, 2004; to the Committee on Fi- law, a report relative to the amount of ac- H.R. 4027. An act to authorize the Sec- nance. quisitions made by the Department of En- retary of Commerce to make available to the EC–9144. A communication from the Acting ergy that manufacture the articles, mate- University of Miami property under the ad- Chief, Publications and Regulations Branch, rials, or supplies outside of the United ministrative jurisdiction of the National Internal Revenue Service, transmitting, pur- States; to the Committee on Energy and Oceanic and Atmospheric Administration on suant to law, the report of a rule entitled Natural Resources. Virginia Key, Florida, for use by the Univer- EC–9156. A communication from the Direc- ‘‘Extension of Time to Elect Method for De- sity for a Marine Life Science Center; to the tor, Office of Surface Mining, Department of termining Allowable Loss’’ (TD9154) received Committee on Commerce, Science, and the Interior, transmitting, pursuant to law, on August 26, 2004; to the Committee on Fi- Transportation. the report of a rule entitled ‘‘Maryland Reg- nance. H.R. 4481. An act to amend Public Law 86– ulatory Program’’ (MD–054–FOR) received on EC–9145. A communication from the Acting 434 establishing Wilson’s Creek National Bat- September 8, 2004; to the Committee on En- Chief, Publications and Regulations Branch, tlefield in the State of Missouri to expand ergy and Natural Resources. Internal Revenue Service, transmitting, pur- the boundaries of the park, and for other EC–9157. A communication from the Dep- suant to law, the report of a rule entitled purposes; to the Committee on Energy and uty Associate Administrator, Environmental ‘‘Subsidiary Stock Loss Under Section Natural Resources. Protection Agency, transmitting, pursuant 1.337(d)–2T’’ (Notice 2004–58) received on Au- H.R. 4632. An act to designate the facility to law, the report of a rule entitled ‘‘Ade- gust 26, 2004; to the Committee on Finance. of the United States Postal Service located quacy of Minnesota Municipal Solid Waste EC–9146. A communication from the Acting at 19504 Linden Boulevard in St. Albans, New Landfill Program’’ (FRL#7810–9) received on Chief, Publications and Regulations Branch, York, as the ‘‘Archie Spigner Post Office September 8, 2004; to the Committee on En- Internal Revenue Service, transmitting, pur- Building’’; to the Committee on Govern- ergy and Natural Resources. suant to law, the report of a rule entitled mental Affairs. EC–9158. A communication from the Dep- ‘‘Guidance on Discrepancies Caused by Ac- H.R. 4836. An act to name the Department uty Associate Administrator, Environmental quisitions, Statutory Mergers, or Consolida- of Veterans Affairs medical center in Ama- Protection Agency, transmitting, pursuant tions’’ (Rev. Proc. 2004–53) received on Au- rillo, Texas, as the ‘‘Thomas E. Creek De- to law, the report of a rule entitled ‘‘Ap- gust 26, 2004; to the Committee on Finance. partment of Veterans Affairs Medical Cen- proval and Promulgation of State Air Qual- EC–9147. A communication from the Chief, ter’’; to the Committee on Veterans’ Affairs. ity Plans for Designated Facilities and Pol- Regulations Branch, Department of Home- lutants, Commonwealth of Virginia; Control The following concurrent resolutions land Security, transmitting, pursuant to of Emissions from Existing Hospital/Medical/ were read, and referred as indicated: law, the report of a rule entitled ‘‘Technical Infectious Waste Incinerator Units’’ H. Con. Res. 363. Concurrent resolution ex- Corrections to Customs and Border Protec- (FRL#7810–7) received on September 8, 2004; pressing the grave concern of Congress re- tion Regulations’’ (CBP Dec 04–28) received to the Committee on Energy and Natural Re- garding the continuing gross violations of on September 6, 2004; to the Committee on sources. human rights and civil liberties of the Syr- Finance. EC–9159. A communication from the Dep- ian and Lebanese people by the Government EC–9148. A communication from the Chief, uty Associate Administrator, Environmental of the Syrian Arab Republic; to the Com- Regulations Branch, Department of Home- Protection Agency, transmitting, pursuant mittee on Foreign Relations. land Security, transmitting, pursuant to to law, the report of a rule entitled ‘‘Clean H. Con. Res. 407. Concurrent resolution sa- law, the report of a rule entitled ‘‘Patent Air Act Approval of Revisions to the Title V luting the life and courage of the late Com- Surveys’’ (RIN1561–AA36) received on Sep- Operating Permit Program in the State of mander Lloyd ‘‘Pete’’ Bucher, United States tember 6, 2004; to the Committee on Finance. New Mexico, Albuquerque/Bernalillo County, Navy (retired), who commanded the U.S.S. EC–9149. A communication from the Chief, New Mexico, and the State of Arkansas’’ Pueblo (AGER–2) at the time of its capture Regulations Branch, Department of Home- (FRL#7810–2) received on September 8, 2004; by North Korea on January 23, 1968; to the land Security, transmitting, pursuant to to the Committee on Energy and Natural Re- Committee on the Judiciary. law, the report of a rule entitled ‘‘Customs sources. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9219 EC–9160. A communication from the Sec- Transactions’’ (UIL:9300.03–00) received on articles or defense services in the amount of retary of the Interior, transmitting, pursu- September 8, 2004; to the Committee on Fi- $100,000,000 to Japan; to the Committee on ant to law, a report entitled ‘‘Quality of nance. Foreign Relations. Water, Colorado River Basin, Progress Re- EC–9172. A communication from the Acting EC–9183. A communication from the Assist- port No. 21’’; to the Committee on Energy Chief, Publications and Regulations Branch, ant Secretary for Legislative Affairs, De- and Natural Resources. Internal Revenue Service, transmitting, pur- partment of State, transmitting, pursuant to EC–9161. A communication from the Assist- suant to law, the report of a rule entitled the Arms Export Control Act, the report of a ant Secretary, Legislative Affairs, Depart- ‘‘Determination of Interest Rates—October proposed license for the export of defense ar- ment of State, transmitting, pursuant to 1, 2004’’ (Rev. Rule 2004–92) received on Sep- ticles or defense services sold commercially law, a report relative to the Compacts of tember 8, 2004; to the Committee on Finance. in the amount of $100,000,000 or more to the Free Association with the Republic of the EC–9173. A communication from the Regu- United States; to the Committee on Foreign Marshall Islands (RMI) and the Federated lations Officer, Social Security Administra- Relations. States of Micronesia (FSM); to the Com- tion, transmitting, pursuant to law, the re- EC–9184. A communication from the Assist- mittee on Energy and Natural Resources. port of a rule entitled ‘‘Evidence Require- ant Secretary for Legislative Affairs, De- EC–9162. A communication from the Acting ments for Assignment of Social Security partment of State, transmitting, pursuant to Chief, Publications and Regulations Branch, Numbers (SSNs); Assignment of SSNs to the Arms Export Control Act, the report of a Internal Revenue Service, transmitting, pur- Foreign Academic Students in Immigration proposed transfer of major defense equip- suant to law, the report of a rule entitled and Naturalization Classification Status F1’’ ment valued at $25,000,000 or more to the gov- ‘‘Extension of Time for Filing Written State- (RIN0960–AF87) received on September 9, ernments of Belgium, Denmark, the Nether- ment Under Rev. Proc. 2004–23’’ (Rev. Proc. 2004; to the Committee on Finance. lands, and Norway; to the Committee on 2004–57) received on September 8, 2004; to the EC–9174. A communication from the Assist- Foreign Relations. Committee on Finance. ant Legal Adviser for Treaty Affairs, Depart- EC–9185. A communication from the Assist- EC–9163. A communication from the Acting ment of State, transmitting, pursuant to ant Secretary for Legislative Affairs, De- Chief, Publications and Regulations Branch, law, the report of the texts and background partment of State, transmitting, pursuant to Internal Revenue Service, transmitting, pur- statements, other than treaties; to the Com- the Arms Export Control Act, the report of a suant to law, the report of a rule entitled mittee on Foreign Relations. proposed transfer of major defense equip- ‘‘I.R.C Sec. 7805(b) Relief from Retroactive EC–9175. A communication from the Assist- ment valued at $25,000,000 or more to Spain; Application of Rev. Rule 2004–75’’ (Rev. Rule ant Secretary for Legislative Affairs, De- to the Committee on Foreign Relations. 2004–97) received on September 8, 2004; to the partment of State, transmitting, pursuant to EC–9186. A communication from the Assist- Committee on Finance. law, a report relative to the export of Oleo- ant Secretary for Legislative Affairs, De- EC–9164. A communication from the Acting resin Capsicum (OC) riot control equipment partment of State, transmitting, pursuant to Chief, Publications and Regulations Branch, and rubber hand ball grenades to the Iraq the Arms Export Control Act, the report of a Internal Revenue Service, transmitting, pur- Ministry of Interior; to the Committee on proposed transfer of major defense equip- suant to law, the report of a rule entitled Foreign Relations. ment valued at $25,000,000 or more to the ‘‘Weighted Average Interest Rate Update No- EC–9176. A communication from the Execu- Netherlands; to the Committee on Foreign tice—Pension Funding Equity Act of 2004’’ tive Secretary and Chief of Staff, U.S. Agen- Relations. (Notice 2004–60) received on September 8, cy for International Development, transmit- EC–9187. A communication from the In- 2004; to the Committee on Finance. ting, pursuant to law, the report of a des- spector General, Railroad Retirement Board, EC–9165. A communication from the Acting ignation of acting officer for the position of transmitting, pursuant to law, the report of Chief, Publications and Regulations Branch, Assistant Administrator, Bureau for Africa, the Office of Inspector General for fiscal year Internal Revenue Service, transmitting, pur- U.S. Agency for International Development; 2006; to the Committee on Governmental Af- suant to law, the report of a rule entitled to the Committee on Foreign Relations. fairs. ‘‘Transfers of Compensatory Options’’ EC–9177. A communication from the Execu- EC–9188. A communication from the Direc- (TD9148) received on September 8, 2004; to tive Secretary and Chief of Staff, U.S. Agen- tor, Office of Personnel Management, Divi- the Committee on Finance. cy for International Development, transmit- sion for Strategic Human Resources Policy, EC–9166. A communication from the Acting ting, pursuant to law, the report of a dis- transmitting, pursuant to law, the report of Chief, Publications and Regulations Branch, continuation of service in acting role for the a rule entitled ‘‘Executive Performance and Internal Revenue Service, transmitting, pur- position of Assistant Administrator, Bureau Accountability’’ received on September 6, suant to law, the report of a rule entitled for Asia and the Near East, U.S. Agency for 2004; to the Committee on Governmental Af- ‘‘Kaffenberger v. United States 314 F 3d944 International Development; to the Com- fairs. (8th Cir. 2003)’’ (AOD2004–35) received on Sep- mittee on Foreign Relations. EC–9189. A communication from the Chair- tember 8, 2004; to the Committee on Finance. EC–9178. A communication from the Execu- man, Federal Trade Commission, transmit- EC–9167. A communication from the Acting tive Secretary and Chief of Staff, U.S. Agen- ting, pursuant to law, the report of the Of- Chief, Publications and Regulations Branch, cy for International Development, transmit- fice of Inspector General for the period end- Internal Revenue Service, transmitting, pur- ting, pursuant to law, the report of a nomi- ing March 31, 2004; to the Committee on Gov- suant to law, the report of a rule entitled nation confirmed for the position of Assist- ernmental Affairs. ‘‘Diane Fernandez v. Commissioner’’ (AOD ant Administrator, Bureau for Asia and the EC–9190. A communication from the Direc- 2004–35) received on September 8, 2004; to the Near East, U.S. Agency for International De- tor, Office of Personnel Management, trans- Committee on Finance. velopment; to the Committee on Foreign Re- mitting, pursuant to law, the report of the EC–9168. A communication from the Acting lations. Office of Inspector General for the period Chief, Publications and Regulations Branch, EC–9179. A communication from the Execu- from October 1, 2003 to March 31, 2004; to the Internal Revenue Service, transmitting, pur- tive Secretary and Chief of Staff, U.S. Agen- Committee on Governmental Affairs. suant to law, the report of a rule entitled cy for International Development, transmit- EC–9191. A communication from the Direc- ‘‘Section 42 Q&A II’’ (Rev. Rule 2004–82) re- ting, pursuant to law, the report of a va- tor for Benefit Design and Compliance, ceived on September 8, 2004; to the Com- cancy for the position of Assistant Adminis- AgriBank, transmitting, pursuant to law, a mittee on Finance. trator, Bureau for Africa, U.S. Agency for report relative to the financial condition of EC–9169. A communication from the Acting International Development; to the Com- the Retirement Plans for the Employees of Chief, Publications and Regulations Branch, mittee on Foreign Relations. the Seventh and Eleventh Farm Credit Dis- Internal Revenue Service, transmitting, pur- EC–9180. A communication from the Sec- tricts and Northwest Farm Credit Services; suant to law, the report of a rule entitled retary of State, transmitting, pursuant to to the Committee on Governmental Affairs. ‘‘Section 988 Foreign Currency Denominated law, a report prepared by the Department of EC–9192. A communication from the Chair- Contingent Debt Instruments’’ (RIN1545– State relative to the Authorization for the man of the Council of the District of Colum- AW33) received on September 8, 2004; to the Use of Force Against Iraq Resolution; to the bia, transmitting, pursuant to law, the re- Committee on Finance. Committee on Foreign Relations. port of D.C. Act 15–488, ‘‘Multiple Dwelling EC–9170. A communication from the Acting EC–9181. A communication from the Assist- Residence Water Lead Level Test Temporary Chief, Publications and Regulations Branch, ant Legal Adviser for Treaty Affairs, Depart- Act of 2004’’; to the Committee on Govern- Internal Revenue Service, transmitting, pur- ment of State, transmitting, pursuant to mental Affairs. suant to law, the report of a rule entitled law, the report of texts and background EC–9193. A communication from the Chair- ‘‘Bureau of Labor Statistics Prices Indexes statements for international agreements, man of the Council of the District of Colum- for Department Stores’’ (Rev. Rul. 2004–93) other than treaties; to the Committee on bia, transmitting, pursuant to law, the re- received on September 8, 2004; to the Com- Foreign Relations. port of D.C. Act 15–489, ‘‘District Govern- mittee on Finance. EC–9182. A communication from the Assist- ment Reemployed Annuitant Offset Elimi- EC–9171. A communication from the Acting ant Secretary for Legislative Affairs, De- nation Amendment Act of 2004’’; to the Com- Chief, Publications and Regulations Branch, partment of State, transmitting, pursuant to mittee on Governmental Affairs. Internal Revenue Service, transmitting, pur- the Arms Export Control Act, the report of a EC–9194. A communication from the Chair- suant to law, the report of a rule entitled proposed manufacturing license agreement man of the Council of the District of Colum- ‘‘Appeals Settlement Guidelines: Leasing for the manufacture of significant military bia, transmitting, pursuant to law, the re- Promotions—Penalties for Leasing Stripping equipment abroad and the export of defense port of D.C. Act 15–490, ‘‘Juvenile Flotation S9220 CONGRESSIONAL RECORD — SENATE September 14, 2004 Device Requirement Amendment Act of port of D.C. Act 15–473, ‘‘Mental Health Civil By Mr. STEVENS, from the Committee on 2004’’; to the Committee on Governmental Commitment Extension Temporary Act of Appropriations: Affairs. 2004’’; to the Committee on Governmental Special Report entitled ‘‘Further Revised EC–9195. A communication from the Chair- Affairs. Allocation to Subcommittees of Budget To- man of the Council of the District of Colum- EC–9208. A communication from the Chair- tals—2005.’’ (Rept. No. 108–338). bia, transmitting, pursuant to law, the re- man of the Council of the District of Colum- By Ms. COLLINS, from the Committee on port of D.C. Act 15–491, ‘‘Washington Conven- bia, transmitting, pursuant to law, the re- Governmental Affairs, without amendment: tion Center Authority Advisory Committee port of D.C. Act 15–477, ‘‘Motorized Bicycle S. 2639. A bill to reauthorize the Congres- Continuity Third Temporary Amendment Responsibility Clarification Temporary sional Award Act (Rept. No. 108–339). Act of 2004’’; to the Committee on Govern- Amendment Act of 2004’’; to the Committee By Mr. BENNETT, from the Committee on mental Affairs. on Governmental Affairs. Appropriations, without amendment: S. 2803. An original bill making appropria- EC–9196. A communication from the Chair- EC–9209. A communication from the Chair- tions for Agriculture, Rural Development, man of the Council of the District of Colum- man of the Council of the District of Colum- Food and Drug Administration, and Related bia, transmitting, pursuant to law, the re- bia, transmitting, pursuant to law, the re- Agencies programs for the fiscal year ending port of D.C. Act 15–492, ‘‘Free Clinic Assist- port of D.C. Act 15–476, ‘‘Office of Property September 30, 2005, and for other purposes ance Program Extension Temporary Amend- Management Reform Temporary Amend- ment Act of 2004’’; to the Committee on Gov- (Rept. No. 108–340). ment Act of 2004’’; to the Committee on Gov- By Mr. BURNS, from the Committee on ernmental Affairs. ernmental Affairs. EC–9210. A communication from the Chair- Appropriations, without amendment: EC–9197. A communication from the Chair- S. 2804. An original bill making appropria- man of the Council of the District of Colum- man of the Council of the District of Colum- tions for the Department of the Interior and bia, transmitting, pursuant to law, the re- bia, transmitting, pursuant to law, the re- related agencies for the fiscal year ending port of D.C. Act 15–498, ‘‘Board of Education port of D.C. Act 15–475, ‘‘Public Congestion September 30, 2005, and for other purposes Continuity and Transition Amendment Act and Venue Protection Temporary Act of (Rept. No. 108–341). of 2004’’; to the Committee on Governmental 2004’’; to the Committee on Governmental Affairs. Affairs. f EC–9198. A communication from the Chair- EC–9211. A communication from the Chair- INTRODUCTION OF BILLS AND man of the Council of the District of Colum- man of the Council of the District of Colum- JOINT RESOLUTIONS bia, transmitting, pursuant to law, the re- bia, transmitting, pursuant to law, the re- port of D.C. Act 15–503, ‘‘Inspector General port of D.C. Act 15–474, ‘‘Presidential Elector The following bills and joint resolu- Appointment and Term Clarification Amend- Deadline Waiver Second Temporary Amend- tions were introduced, read the first ment Act of 2004’’; to the Committee on Gov- ment Act of 2004’’; to the Committee on Gov- and second times by unanimous con- ernmental Affairs. ernmental Affairs. sent, and referred as indicated: EC–9199. A communication from the Chair- EC–9212. A communication from the Chair- man of the Council of the District of Colum- By Mr. SCHUMER: man of the Council of the District of Colum- S. 2797. A bill to amend the Internal Rev- bia, transmitting, pursuant to law, the re- bia, transmitting, pursuant to law, the re- enue Code of 1986 to expand the deduction for port of D.C. Act 15–472, ‘‘Tax Increment Fi- port of D.C. Act 15–504, ‘‘Washington Conven- college tuition expenses to include expenses nancing Reauthorization Date Temporary tion Center Authority Advisory Committee for books; to the Committee on Finance. Amendment Act of 2004’’; to the Committee Amendment Act of 2004’’; to the Committee By Mr. LUGAR (for himself, Mr. BINGA- on Governmental Affairs. on Governmental Affairs. MAN, Mr. BUNNING, Mr. CAMPBELL, EC–9200. A communication from the Chair- EC–9213. A communication from the Chair- man of the Council of the District of Colum- Ms. CANTWELL, Mrs. CLINTON, Mr. man of the Council of the District of Colum- COCHRAN, Mr. GRAHAM of South Caro- bia, transmitting, pursuant to law, the re- bia, transmitting, pursuant to law, the re- port of D.C. Act 15–471, ‘‘Walter Reed Prop- lina, and Mr. JEFFORDS): port of D.C. Act 15–505, ‘‘Georgetown Project S. 2798. A bill to provide for increased plan- erty Tax Exemption Reconfirmation Tem- and Noise Control Amendment Act of 2004’’; ning and funding for health promotion pro- porary Act of 2004’’; to the Committee on to the Committee on Governmental Affairs. grams of the Department of Health and EC–9201. A communication from the Chair- Governmental Affairs. EC–9214. A communication from the Chair- Human Services; to the Committee on man of the Council of the District of Colum- Health, Education, Labor, and Pensions. bia, transmitting, pursuant to law, the re- man of the Council of the District of Colum- bia, transmitting, pursuant to law, the re- By Mr. GRASSLEY: port of D.C. Act 15–506, ‘‘Captive Insurance S. 2799. A bill to amend title 18 of the port of D.C. Act 15–470, ‘‘Juvenile Flotation Company Enhancement Temporary Amend- United States Code to increase the penalties Device Requirement Temporary Amendment ment Act of 2004’’; to the Committee on Gov- for smuggling goods into the United States; Act of 2004’’; to the Committee on Govern- ernmental Affairs. to the Committee on the Judiciary. mental Affairs. EC–9202. A communication from the Chair- By Mr. LAUTENBERG (for himself and man of the Council of the District of Colum- EC–9215. A communication from the Chair- man of the Council of the District of Colum- Mr. CORZINE): bia, transmitting, pursuant to law, the re- S. 2800. A bill to amend title 36, United bia, transmitting, pursuant to law, the re- port of D.C. Act 15–521, ‘‘Commission on States Code, to grant a Federal charter to port of D.C. Act 15–469, ‘‘Eastern Market Human Rights Establishment Amendment the Pulaski Cadets, Ltd; to the Committee Amendment Act of 2004’’; to the Committee Act of 2004’’; to the Committee on Govern- on the Judiciary. mental Affairs. on Governmental Affairs. EC–9216. A communication from the Direc- By Mrs. FEINSTEIN: EC–9203. A communication from the Chair- S. 2801. A bill to amend the Social Security tor, Office of Personnel Management, Divi- man of the Council of the District of Colum- Act to enhance Social Security account sion for Strategic Human Resources Manage- bia, transmitting, pursuant to law, the re- number privacy protections, to prevent ment, transmitting, pursuant to law, the re- port of D.C. Act 15–522, ‘‘Office of Adminis- fraudulent misuse of the Social Security ac- port of a rule entitled ‘‘Locality-based Com- trative Hearings Establishment Amendment count number, and to otherwise enhance pro- parability Payments’’ received on September Act of 2004’’; to the Committee on Govern- tection against identity theft, and for other 6, 2004; to the Committee on Governmental mental Affairs. purposes; to the Committee on Finance. EC–9204. A communication from the Chair- Affairs. EC–9217. A communication from the Direc- By Mr. DAYTON: man of the Council of the District of Colum- S. 2802. A bill to amend the Congerssional tor, Office of General Counsel and Legal Pol- bia, transmitting, pursuant to law, the re- Budget and Impoundment Control Act of 1974 icy, Office of Government Ethics, transmit- port of D.C. Act 15–523, ‘‘Help America Vote to limit the implementation, phase-in, or ting, pursuant to law, the report of a rule en- Amendment Act of 2004’’; to the Committee phase-out of revenue measures to 1 year; to titled ‘‘Technical Amendment to Executive on Governmental Affairs. the Committee on the Budget and the Com- Branch Regulation Governing the Reporting EC–9205. A communication from the Chair- mittee on Governmental Affairs, jointly, Period for Incumbent Public Financial Dis- man of the Council of the District of Colum- pursuant to August 4, 1977, with instructions closure Reports’’ (RIN3209–AA00) received on bia, transmitting, pursuant to law, the re- that if one Committee reports, the other September 9, 2004; to the Committee on Gov- port of D.C. Act 15–527, ‘‘Anacostia Water- Committee have thirty days to report or be front Corporation Act of 2004’’; to the Com- ernmental Affairs. EC–9218. A communication from the Direc- discharged. mittee on Governmental Affairs. tor, Office of Management and Budget, Exec- By Mr. BENNETT: EC–9206. A communication from the Chair- S. 2803. An original bill making appropria- utive Office of the President, transmitting, man of the Council of the District of Colum- tions for Agriculture, Rural Development, pursuant to law, the Office’s Federal Finan- bia, transmitting, pursuant to law, the re- Food and Drug Administration, and Related cial Management Report; to the Committee port of D.C. Act 15–478, ‘‘Board of Education Agencies programs for the fiscal year ending on Governmental Affairs. Continuity and Transition Temporary September 30, 2005, and for other purposes; Amendment Act of 2004’’; to the Committee f from the Committee on Appropriations; on Governmental Affairs. REPORTS OF COMMITTEES placed on the calendar. EC–9207. A communication from the Chair- By Mr. BURNS: man of the Council of the District of Colum- The following reports of committees S. 2804. An original bill making appropria- bia, transmitting, pursuant to law, the re- were submitted: tions for the Department of the Interior and September 14, 2004 CONGRESSIONAL RECORD — SENATE S9221 related agencies for the fiscal year ending XIX of the Social Security Act to per- tary and Secondary Act of 1965 for fis- September 30, 2005, and for other purposes; mit States the option to provide med- cal year 2004 is not less than the total from the Committee on Appropriations; icaid coverage for low income individ- amount of funds awarded to the State placed on the calendar. uals infected with HIV. under such part for fiscal year 2003. f S. 1379 S. 2647 SUBMISSION OF CONCURRENT AND At the request of Mr. JOHNSON, the At the request of Mr. HOLLINGS, the SENATE RESOLUTIONS name of the Senator from Arizona (Mr. names of the Senator from Louisiana The following concurrent resolutions MCCAIN) was added as a cosponsor of S. (Mr. BREAUX) and the Senator from and Senate resolutions were read, and 1379, a bill to require the Secretary of California (Mrs. BOXER) were added as referred (or acted upon), as indicated: the Treasury to mint coins in com- cosponsors of S. 2647, a bill to establish memoration of veterans who became By Mr. CRAIG: a national ocean policy, to set forth S. Res. 424. A resolution designating Octo- disabled for life while serving in the the missions of the National Oceanic ber 2004 as ‘‘Protecting Older Americans Armed Forces of the United States. and Atmospheric Administration, to From Fraud Month″; to the Committee on S. 1428 ensure effective interagency coordina- the Judiciary. At the request of Mr. MCCONNELL, tion, and for other purposes. By Mr. DASCHLE (for himself and Mr. the name of the Senator from Pennsyl- S. 2759 REID): vania (Mr. SANTORUM) was added as a S. Res. 425. A resolution honoring former At the request of Mr. ROCKEFELLER, President William Jefferson Clinton on the cosponsor of S. 1428, a bill to prohibit the names of the Senator from Virginia occasion of his 58th birthday; considered and civil liability actions from being (Mr. WARNER) and the Senator from agreed to. brought or continued against food Maryland (Ms. MIKULSKI) were added as f manufacturers, marketers, distribu- cosponsors of S. 2759, a bill to amend tors, advertisers, sellers, and trade as- title XXI of the Social Security Act to ADDITIONAL COSPONSORS sociations for damages or injunctive modify the rules relating to the avail- S. 373 relief for claims of injury resulting ability and method of redistribution of At the request of Mr. KENNEDY, the from a person’s weight gain, obesity, or unexpended SCHIP allotments, and for name of the Senator from California any health condition related to weight other purposes. (Mrs. BOXER) was added as a cosponsor gain or obesity. S. 2764 of S. 373, a bill to amend title XVIII of S. 1477 At the request of Mr. DODD, the the Social Security Act to provide for At the request of Mr. CORZINE, the names of the Senator from New Jersey patient protection by limiting the name of the Senator from Minnesota (Mr. CORZINE), the Senator from Indi- number of mandatory overtime hours a (Mr. COLEMAN) was added as a cospon- ana (Mr. LUGAR), the Senator from In- nurse may be required to work in cer- sor of S. 1477, a bill to posthumously diana (Mr. BAYH), the Senator from tain providers of services to which pay- award a Congressional gold medal to Georgia (Mr. CHAMBLISS), the Senator ments are made under the medicare Celia Cruz. from New York (Mrs. CLINTON) and the program. S. 1647 Senator from Oregon (Mr. SMITH) were S. 453 At the request of Mr. CAMPBELL, the added as cosponsors of S. 2764, a bill to At the request of Mrs. HUTCHISON, the name of the Senator from Ohio (Mr. extend the applicability of the Ter- name of the Senator from Alaska (Ms. DEWINE) was added as a cosponsor of S. rorism Risk Insurance Act of 2002. MURKOWSKI) was added as a cosponsor 1647, a bill to amend title XVIII of the S. 2791 of S. 453, a bill to authorize the Health Social Security Act to provide for di- At the request of Mr. DASCHLE, the Resources and Services Administration rect access to audiologists for medicare names of the Senator from Nebraska and the National Cancer Institute to beneficiaries, and for other purposes. (Mr. NELSON) and the Senator from make grants for model programs to S. 1707 Minnesota (Mr. DAYTON) were added as provide to individuals of health dis- At the request of Ms. STABENOW, the cosponsors of S. 2791, a bill to enhance parity populations prevention, early name of the Senator from Washington the benefits and protections for mem- detection, treatment, and appropriate (Ms. CANTWELL) was added as a cospon- bers of the reserve components of the follow-up care services for cancer and sor of S. 1707, a bill to amend title 39, Armed Forces who are called or or- chronic diseases, and to make grants United States Code, to provide for free dered to extend active duty, and for regarding patient navigators to assist mailing privileges for personal cor- other purposes. individuals of health disparity popu- respondence and certain parcels sent S. CON. RES. 136 lations in receiving such services. from within the United States to mem- At the request of Mr. CONRAD, the S. 540 bers of the Armed Forces serving on ac- names of the Senator from New York At the request of Mr. INHOFE, the tive duty abroad who are engaged in (Mr. SCHUMER), the Senator from Wash- name of the Senator from Utah (Mr. military operations involving armed ington (Mrs. MURRAY), the Senator BENNETT) was added as a cosponsor of conflict against a hostile foreign force, from New Jersey (Mr. CORZINE), the S. 540, a bill to authorize the presen- and for other purposes. Senator from South Dakota (Mr. JOHN- tation of gold medals on behalf of Con- S. 2352 SON), the Senator from California (Mrs. gress to Native Americans who served At the request of Mr. ENSIGN, the FEINSTEIN) and the Senator from Con- as Code Talkers during foreign con- name of the Senator from South Caro- necticut (Mr. LIEBERMAN) were added flicts in which the United States was lina (Mr. GRAHAM) was added as a co- as cosponsors of S. Con. Res. 136, a con- involved during the 20th Century in sponsor of S. 2352, a bill to prevent the current resolution honoring and memo- recognition of the service of those Na- slaughter of horses in and from the rializing the passengers and crew of tive Americans to the United States. United States for human consumption United Airlines Flight 93. S. 606 by prohibiting the slaughter of horses S. RES. 420 At the request of Mr. GREGG, the for human consumption and by prohib- At the request of Mr. PRYOR, the name of the Senator from Pennsyl- iting the trade and transport of horse- names of the Senator from Minnesota vania (Mr. SPECTER) was added as a co- flesh and live horses intended for (Mr. COLEMAN), the Senator from New sponsor of S. 606, a bill to provide col- human consumption, and for other pur- Jersey (Mr. LAUTENBERG) and the Sen- lective bargaining rights for public poses. ator from Illinois (Mr. DURBIN) were safety officers employed by States or S. 2365 added as cosponsors of S. Res. 420, a their political subdivisions. At the request of Mr. COLEMAN, the resolution recommending expenditures S. 847 name of the Senator from Kansas (Mr. for an appropriate visitors center at At the request of Mr. SMITH, the BROWNBACK) was added as a cosponsor Little Rock Central High School Na- name of the Senator from Pennsyl- of S. 2365, a bill to ensure that the total tional Historic Site to commemorate vania (Mr. SPECTER) was added as a co- amount of funds awarded to a State the desegregation of Little Rock Cen- sponsor of S. 847, a bill to amend title under part A of title I of the Elemen- tral High School. S9222 CONGRESSIONAL RECORD — SENATE September 14, 2004 S. RES. 422 (3) by inserting after subparagraph (B) the and much of our health care costs are At the request of Mr. NELSON of Flor- following new subparagraphs: caused by just three risk factors: poor ida, his name was added as a cosponsor ‘‘(C) BOOKS.—In the case of any taxable diet, physical inactivity, and tobacco. of S. Res. 422, a resolution expressing year beginning after 2003, the applicable dol- Recent news reports have highlighted lar amount with respect to qualified tuition the sense of the Senate that the Presi- and related expenses described in subsection the alarming increase in obesity across dent should designate the week begin- (d)(1)(A)(ii) shall be equal to $1,000 reduced the Nation. In the last 10 years, obesity ning September 12, 2004, as ‘‘National (but not below zero) by the amount deter- rates have increased by more than 60 Historically Black Colleges and Uni- mined under subparagraph (D). percent among adults—with approxi- versities Week’’. ‘‘(D) AMOUNT OF REDUCTION.—The amount mately 59 million adults considered determined under this subparagraph equals AMENDMENT NO. 3619 obese today. the amount which bears the same ratio to We also know that medical costs are At the request of Mr. CORZINE, the the amount which would be so taken into ac- names of the Senator from Delaware directly related to lifestyle risk fac- count as— tors. The September 2000 issue of the (Mr. BIDEN) and the Senator from Mas- ‘‘(i) the excess of— American Journal of Health Promotion sachusetts (Mr. KENNEDY) were added ‘‘(I) the taxpayer’s adjusted gross income reported that approximately 25 percent as cosponsors of amendment No. 3619 for such taxable year, over of all employer medical costs are proposed to H.R. 4567, a bill making ap- ‘‘(II) $65,000 ($130,000 in the case of a joint caused by lifestyle factors. Emerging propriations for the Department of return), bears to research is showing the value may be Homeland Security for the fiscal year ‘‘(ii) $15,000 ($30,000 in the case of a joint re- turn). closer to 50 percent today. ending September 30, 2005, and for ‘‘(E) INFLATION ADJUSTMENTS.— Medical care costs are reaching crisis other purposes. ‘‘(i) IN GENERAL.—In the case of any tax- levels. Some major employers are ac- AMENDMENT NO. 3624 able year beginning in a calendar year after tively exploring discontinuing medical At the request of Mr. CORZINE, his 2004, both of the dollar amounts in subpara- insurance coverage if costs are not con- name was added as a cosponsor of graph (D)(i)(II) shall be increased by an trolled. The Federal Government has amendment No. 3624 proposed to H.R. amount equal to— ‘‘(I) such dollar amount, multiplied by the same cost problems with its own 4567, a bill making appropriations for ‘‘(II) the cost-of-living adjustment deter- employees, and the cost to Medicare of the Department of Homeland Security mined under section 1(f)(3) for the calendar lifestyle-related diseases will only in- for the fiscal year ending September 30, year in which the taxable year begins, by crease as Baby Boomers retire, and 2005, and for other purposes. substituting ‘calendar year 2003’ for ‘cal- more and more beneficiaries are diag- At the request of Mr. DASCHLE, his endar year 1992’ in subparagraph (B) thereof. nosed with lifestyle-related illnesses. name was added as a cosponsor of ‘‘(ii) ROUNDING.—If any amount as adjusted An obvious first step to addressing amendment No. 3624 proposed to H.R. under clause (i) is not a multiple of $50, such our health and medical cost problems 4567, supra. amount shall be rounded to the nearest mul- is to help people stay healthy. tiple of $50.’’. The good news is that both the public AMENDMENT NO. 3629 (b) EXPANSION OF RELATED EXPENSES.— At the request of Mr. DAYTON, the Paragraph (1) of section 222(d) of the Internal and private sectors are starting to do names of the Senator from Illinois (Mr. Revenue Code of 1986 (relating to definitions more in the area of health prevention and special rules) is amended to read as fol- and health promotion. For instance, DURBIN) and the Senator from Wis- lows: the Medicare Modernization Act of 2003 consin (Mr. FEINGOLD) were added as ‘‘(1) QUALIFIED TUITION AND RELATED EX- included several new prevention initia- cosponsors of amendment No. 3629 pro- PENSES.— posed to H.R. 4567, a bill making appro- tives for Medicare beneficiaries. ‘‘(A) IN GENERAL.—The term ‘qualified tui- Also in recent years Congress and the priations for the Department of Home- tion and related expenses’— Administration have worked together land Security for the fiscal year ending ‘‘(i) has the meaning given such term by to pass numerous pieces of legislation September 30, 2005, and for other pur- section 25(f), and to establish grants to provide health poses. ‘‘(ii) includes books (within the meaning of section 529(e)(3)(A)(i)). services for improved nutrition, in- f ‘‘(B) SPECIAL RULE.—Such expenses shall be creased physical activity, and obesity reduced in the same manner as under section prevention. STATEMENTS ON INTRODUCED 25A(g)(2).’’. However, despite the success of many BILLS AND JOINT RESOLUTIONS (c) DEDUCTION FOR BOOKS MADE PERMA- health promotion programs, there is a By Mr. SCHUMER: NENT.—Section 222(e) of the Internal Rev- quality gap between the best programs S. 2797. A bill to amend the Internal enue Code of 1986 (relating to termination) is amended by striking ‘‘This’’ and inserting and typical programs. This occurs be- Revenue Code of 1986 to expand the de- ‘‘Except with respect to qualified tuition and cause most professionals are not aware duction for college tuition expenses to related expenses described in subsection of the best practice methods. Further- include expenses for books; to the Com- (d)(1)(A)(ii), this’’. more, even the best programs reach a mittee on Finance. (d) EFFECTIVE DATE.—The amendments small percentage of the population and Mr. SCHUMER. Mr. President, I ask made by this section shall apply to payments do poorly in creating lasting change. unanimous consent that the text of the made in taxable years beginning after De- The Health Promotion FIRST Act cember 31, 2003. bill be printed in the RECORD. will build the foundation for a stable There being no objection, the bill was By Mr. LUGAR (for himself, Mr. coordinated strategy to develop the ordered to be printed in the RECORD, as BINGAMAN, Mr. BUNNING, Mr. basic and applied science of health pro- follows: CAMPBELL, Ms. CANTWELL, Mrs, motion, synthesize research results and S. 2797 CLINTON, Mr. COCHRAN, Mr. disseminate findings to researchers, Be it enacted by the Senate and House of Rep- GRAHAM of South Carolina, and practitioners and policy makers. The bill directs the Department of resentatives of the United States of America in Mr. JEFFORDS): Congress assembled, S. 2798. A bill to provide for increased Health and Human Services to develop SECTION 1. SHORT TITLE. planning and funding for health pro- strategic plans focusing on the fol- This Act may be cited as the ‘‘Textbook motion programs of the Department of lowing: how to develop the basic and Affordability Act of 2004’’. Health and Human Services; to the applied science of health promotion; SEC. 2. DEDUCTION FOR COLLEGE BOOK EX- Committee on Health, Education, how to best utilize the authority and PENSES. Labor, and Pensions. resources of the Department of Health (a) IN GENERAL.—Section 222(b)(2) of the In- Mr. LUGAR. Mr. President, I rise and Human Services and other federal ternal Revenue Code of 1986 (relating to ap- today to introduce the Health Pro- agencies to integrate health promotion plicable dollar limit) is amended— motion FIRST (Funding Integrated Re- concepts into health care and other (1) by inserting ‘‘with respect to qualified search, Synthesis and Training) Act, elements of society; how to synthesize tuition and related expenses described in health promotion research into prac- subsection (d)(1)(A)(i)’’ after ‘‘amount’’ in legislation to provide the foundation the matter preceding clause (i) in subpara- for solid planning and a scientific base tical guidelines that can be easily dis- graph (B), for health promotion. seminated and; how to foster a strong (2) by redesignating subparagraph (C) as Between one half and two-thirds of health workforce for health promotion subparagraph (F), and premature deaths in the United States activities. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9223 Additional funding is also provided laski Cadets work hard devoting time ‘‘(3) to maintain a nonbiased military and for the Centers for Disease Control and and energy to the memory of a mili- social structure to assist and prepare all the National Institutes of Health to tary hero, General Pulaski. members eligible for basic military training augment current activities related to It is fitting that the Pulaski Cadets for the purpose of enlisting in all branches and components of the United States Mili- health promotion research and dissemi- should be granted a Federal charter to tary Services. show the appreciation and respect Con- nation. ‘‘§ 250103. Membership gress maintains for this organization We have made a good start, at the ‘‘Eligibility for membership in the cor- Federal level, in addressing the needs and the values espoused by its mem- poration and the rights and privileges of of health promotion. However, we need bers. I am proud to stand before the membership are as provided in the bylaws. to go further. I believe this legislation Senate and proclaim my admiration ‘‘§ 250104. Governing body will serve as a good basis for Congress for this group and the many soldiers ‘‘(a) BOARD OF DIRECTORS.—The board of di- and the administration to take the and leaders of Polish origin who have rectors and the responsibilities of the board next step in developing health pro- made our country great and continue are as provided in the articles of incorpora- motion programs for the next decade. to protect Americans at home and tion. abroad. Their contribution has been ‘‘(b) OFFICERS.—The officers and the elec- By Mr. GRASSLEY: recognized by many in New Jersey, in- tion of officers are as provided in the articles of incorporation. S. 2799. A bill to amend title 18 of the cluding Mayor Joe Vas, of Perth United States Code to increase the pen- Amboy, who has been a key supporter ‘‘§ 250105. Powers alties for smuggling goods into the in their quest for a charter. ‘‘The corporation shall have only the pow- United States; to the Committee on ers provided in its bylaws and articles of in- I believe it is vital to study and emu- corporation filed in each State in which it is the Judiciary. late those leaders who came before us, incorporated. Mr. GRASSLEY. Mr. President. The particularly those who left such an im- ‘‘§ 250106. Exclusive right to name, seals, em- safety and security of our Nation’s bor- pressive mark on our country’s behalf. blems, and badges ders has been on all of our minds late- As such, I ask the United States Sen- ‘‘The corporation has the exclusive right ly. In the past, we have approached the ate to support a Federal Charter for to use the names ‘Pulaski Cadets, Ltd.’ and problem in a stovepipe manner, focus- the Pulaski Cadets. ‘Pulaski Cadets’ and any seals, emblems, and ing on what illegal items criminals I ask unanimous consent that the badges relating thereto that the corporation were bringing across our borders. We full text of the bill be printed in the adopts. need to begin thinking about these RECORD. ‘‘§ 250107. Restrictions challenges differently. There being no objection, the bill was ‘‘(a) STOCK AND DIVIDENDS.—The corpora- Increasingly, smuggling organiza- ordered to be printed in the RECORD, as tion may not issue stock or declare or pay a tions do not tie themselves to the follows: dividend. ‘‘(b) POLITICAL ACTIVITIES.—The corpora- movement of one particular com- S. 2800 tion or a director or officer as such may not modity, but are specialists in smug- Be it enacted by the Senate and House of Rep- contribute to, support, or participate in any gling merchandise of any type into the resentatives of the United States of America in political activity or in any manner attempt United States undetected. So long as Congress assembled, to influence legislation. there is profit to be made, smugglers SECTION 1. CHARTER FOR PULASKI CADETS, ‘‘(c) DISTRIBUTION OF INCOME OR ASSETS.— don’t really care what they smuggle. If LTD. The income or assets of the corporation may we are going to encourage effective in- Part B of subtitle II of title 36, United not inure to the benefit of, or be distributed States Code, is amended— vestigations and prosecutions of these to, a director, officer, or member during the (1) by striking the following: life of the charter granted by this chapter. smuggling organizations, we must en- ‘‘CHAPTER 2501—[RESERVED]’’; and This subsection does not prevent the pay- sure sufficient penalties to send a clear (2) by inserting the following: ment of reasonable compensation to an offi- message that smuggling—whether it’s cer or member in an amount approved by the heroin, pirated CDs, AK–47s, or look-a- ‘‘CHAPTER 2501—PULASKI CADETS, LTD. board of directors. like designer hand bags—is wrong, and ‘‘Sec. ‘‘(d) LOANS.—The corporation may not will be severely punished. ‘‘250101. Organization. make any loan to a director, officer, or em- Today I am introducing a bill that ‘‘250102. Purposes. ployee. ‘‘250103. Membership. ‘‘(e) CLAIM OF GOVERNMENTAL APPROVAL OR will do just that. It is very simple. ‘‘250104. Governing body. AUTHORIZATION.—The corporation may not Raise the penalty for smuggling con- ‘‘250105. Powers. claim congressional approval or the author- traband into the United States from a ‘‘250106. Exclusive right to name, seals, em- ity of the United States Government for any maximum of 5 years to a maximum of blems, and badges. of its activities. ‘‘250107. Restrictions. 20 years. This will give prosecutors and ‘‘§ 250108. Duty to maintain tax-exempt status ‘‘250108. Duty to maintain tax-exempt status. law enforcement agents a better tool to ‘‘250109. Principal office. ‘‘The corporation shall maintain its status go after those who try and evade our ‘‘250110. Records and inspection. as an organization exempt from taxation customs, border, and port security ef- ‘‘250111. Service of process. under the Internal Revenue Code of 1986 (26 forts. If we are serious about securing ‘‘250112. Liability for acts of officers and U.S.C. 1 et seq.). our borders, then we need to be serious agents. ‘‘§ 250109. Principal office about punishing those who try and ‘‘250113. Annual report. ‘‘The principal office of the corporation evade our controls. I urge my col- ‘‘§ 250101. Organization shall be in the State of New Jersey, or an- leagues to join me in sponsoring this ‘‘(a) FEDERAL CHARTER.—The Pulaski Ca- other place decided by the board of directors. legislation. dets, Ltd. (in this chapter, the ‘corporation’), ‘‘§ 250110. Records and inspection incorporated in New York, is a federally ‘‘(a) RECORDS.—The corporation shall By Mr. LAUTENBERG (for him- chartered corporation. keep— ‘‘(b) EXPIRATION OF CHARTER.—If the cor- ‘‘(1) correct and complete books and self and Mr. CORZINE): poration does not comply with any provision records of account; S. 2800. A bill to amend title 36, of this chapter, the charter granted by this ‘‘(2) minutes of the proceedings of its mem- United States Code, to grant a Federal chapter expires. bers, board of directors, and committees hav- charter to the Pulaski Cadets, Ltd; to ‘‘§ 250102. Purposes ing any of the authority of its board of direc- the Committee on the Judiciary. ‘‘The purposes of the corporation are as tors; and Mr. LAUTENBERG. Mr. President, I provided in the articles of incorporation and ‘‘(3) at its principal office, a record of the rise today to introduce a bill to create include— names and addresses of its members entitled a Federal charter for the Pulaski Ca- ‘‘(1) to perpetuate the history of General to vote. ‘‘(b) INSPECTION.—A member entitled to dets, Ltd. The purpose of this organiza- Kazimierz Pulaski and military personnel of Polish origin with other nationals who vote, or an agent or attorney of the member, tion is to perpetuate the history of may inspect the records of the corporation General Kazimierz Pulaski and mili- served with the Continental Army of Amer- ica in the war of our Independence; for any proper purpose, at any reasonable tary personnel of Polish origin with ‘‘(2) to promote Americanism, patriotism, time. other nationals who served with the and establish a military unit to encourage ‘‘§ 250111. Service of process Continental Army of America in the willingness to serve and defend these United ‘‘The corporation shall comply with the Revolutionary War. Leaders of the Pu- States of America; and law on service of process of each State in S9224 CONGRESSIONAL RECORD — SENATE September 14, 2004 which it is incorporated and each State in on, with up to 25 years for those who 691T) at page 5). As a result, the use of which it carries on activities. are involved in drug trafficking or ter- Social Security Numbers is regulated ‘‘§ 250112. Liability for acts of officers and rorism. by an inconsistent and insufficient agents The bill also allows other sections of patchwork of State and Federal laws, ‘‘The corporation is liable for the acts of Federal law to impose stronger restric- that often leaves the numbers in plain its officers and agents acting within the tions, and calls for reports analyzing view of the whole world. scope of their authority. the process for issuing Social Security It isn’t surprising, then, that the sale ‘‘§ 250113. Annual report Numbers. of Social Security Numbers is pro- ‘‘The corporation shall submit an annual This legislation is necessary to help ceeding at a furious pace. According to report to Congress on the activities of the stop the epidemic of identity theft that corporation during the prior fiscal year. The the GAO in a report that it released report shall be submitted at the same time has been plaguing America and its citi- earlier this year, ‘‘Internet-based infor- as the report of the audit required by section zens. mation resellers whose Web sites we 10101 of this title. The report shall not be According to a report that the Fed- accessed also obtain SSNs from their printed as a public document.’’. eral Trade Commission released in Sep- customers and scour public records and SEC. 2. CLERICAL AMENDMENT. tember, 2003, almost ten million people other publicly available information to The table of chapters at the beginning of were victimized by identity theft in the provide the information to persons subtitle II of title 36, United States Code, is previous year. This led to losses of over willing to pay a fee.’’ (SOUCE: Social amended by striking the item relating to 47 billion dollars. Security Numbers: Private Sector En- chapter 2501 and inserting the following new The damage is not merely monetary. item: tities Routinely Obtain and Use SSNs, According to the same FTC report, the ‘‘2501. Pulaski Cadets, Ltd...... 250101’’. and Laws Limit the Disclosure of this average victim had to spend thirty Information (2004, Report Number By Mrs. FEINSTEIN: hours that is, three-fourths of a stand- GAO–04–11), on Highlights Page). S. 2801. A bill to amend the Social Se- ard work-week—to resolve the prob- I personally first became aware of curity Act to enhance Social Security lems. Often, the entire process can drag the need for a law to restrict the sale account number privacy protections, to out for years. and display of Social Security numbers prevent fraudulent misuse of the Social Perhaps worst of all, victims must about eight years ago, when one of my Security account number, and to oth- confront the trauma that someone else staff members sat me down and erwise enhance protection against has hijacked their very identity. Ac- downloaded my own Social Security identity theft, and for other purposes; cording to the Identity Theft Resource Number from the Internet in a matter to the Committee on Finance. Center, a non-profit group that oper- of minutes. Congress has done Mrs. FEINSTEIN. Mr. President, I ates in my home state of California: shockingly little to protect Social Se- rise to introduce legislation to protect ‘‘Each time you answer the telephone curity Numbers since then. one of Americans’ most valuable but or go to the mailbox, you wonder what Therefore, we badly need a uniform vulnerable assets: Social Security new bill will appear. The idea of deal- law such as the one that the GAO re- Numbers. The bill I propose today is ing with yet another collection agency port anticipates. Year after year, I identical to legislation that is making or a newly discovered credit card have advocated and proposed such leg- progress in the House of Representa- leaves you filled with dread, rage and islation that would restrict the public tives. Just before recess, the House helplessness. . . . Some feel like they display and use of Social Security Ways and Means Committee passed the are experiencing a form of ‘post-trau- Numbers. bill not only with bipartisan support, matic stress disorder’ for a short In the 106th Congress, I introduced S. but with unanimous support. Even time.’’ 2966. though this bill has differences from S. Theft of a Social Security number In the 107th Congress, I introduced, 228, which I proposed at the beginning can be especially devastating, because S. 848 and S. 3100. of this Congress to help prevent the that piece of information has become a In the 108th Congress, I introduced S. misuse of Social Security numbers, the de facto universal identifier in Amer- 228. issue is too important for me, or for ican society. None of these bills moved. Today, I any other Senator, to stand by and do One recent book on privacy in the stand before you yet again, to intro- nothing. United States documents how far the duce a fifth bill to take steps that will The legislation, which in the House is use of Social Security Numbers has make it more difficult for thieves to H.R. 2971, was authored by Representa- spread beyond its original purpose, steal this precious resource. This is not tive CLAY SHAW, the Republican from when they were created in 1936, of a partisan issue—all of the bills that I Florida’s 22nd Congressional District. tracking American workers’ earnings introduced in the past were bipartisan. Very briefly, the key provisions of the and benefits. According to the book: And so is this bill: in the House, as I legislation will do the following: It will ‘‘The SSN began to be used for military mentioned, it was passed unanimously generally prohibit the Federal and personnel, legally admitted aliens, in the Ways and Means Committee, and State governments, and private busi- anyone receiving or applying for fed- also has 41 co-sponsors, including 16 nesses, from displaying, buying, and eral benefits, food stamps, school lunch Republicans and 25 Democrats. This selling Social Security Numbers. How- program eligibility, draft registration, issue does not concern Republican gov- ever, realizing that there are certain and federal loans. State and local gov- ernment or Democratic government; instances where Social Security Num- ernments, as well as private sector en- rather, this is an issue of good govern- bers must be communicated, the bill tities such as schools and banks, began ment. makes exceptions for areas such as law to use SSNs as well—for drivers’ li- Earlier this year, the President enforcement, national security, vehicle censes, birth certificates, blood dona- signed into law a bill that I helped to registration, and certain limited forms tion, jury selection, worker’s com- author, to increase punishment for of research. pensation, occupational licenses, and those who steal the identities of oth- The bill will also toughen the meth- marriage licenses. ‘‘ (SOURCE: Daniel ers. But punishment is not enough. We ods that the Social Security Adminis- Solove and Marc Rotenberg, Informa- need to stop identity theft from occur- tration uses to verify birth records, tion Privacy Law, Aspen Publishers, ring in the first place. and that it uses to issue Social Secu- 2003, at page 447–48.) We have only three weeks until the rity numbers to newborn infants. Despite this widespread use of Social end of this Congress to enact this legis- Additionally, the legislation will pro- Security Numbers, according to the lation to prevent such thefts by pro- hibit companies from requiring con- General Accounting Office, ‘‘No single tecting Social Security Numbers. If we sumers to provide their Social Security federal law regulates the overall use or do not pass this legislation now, we Numbers, and will treat any such re- restricts the disclosure of SSNs by gov- will have to wait yet again to give quirement as a prohibited unfair trade ernments.’’ (SOURCE: Social Security basic protection to information that practice. Numbers: SSNs are Widely Used by should have been under lock and key The bill will also punish violators Government and Could be Better Pro- long ago. It is time for us to act. with fines and up to five years in pris- tected, 2002 (Report Number GAO–02– Thank you. September 14, 2004 CONGRESSIONAL RECORD — SENATE S9225 I ask unanimous consent, the text of Sec. 303. Criminal penalties for employees of an agent of such an agency or instrumen- the accompanying bill be printed in the the Social Security Adminis- tality) for the purpose of advancing the pub- RECORD. tration who knowingly and lic good, on the condition that the re- searcher provides adequate assurances that There being no objection, the bill was fraudulently issue social secu- rity cards or social security ac- the social security account numbers will not ordered to be printed in the RECORD, as count numbers. be used to harass, target, or publicly reveal follows: Sec. 304. Enhanced penalties in cases of ter- information concerning any identifiable in- S. 2801 rorism, drug trafficking, crimes dividuals, that information about identifi- Be it enacted by the Senate and House of Rep- of violence, or prior offenses. able individuals obtained from the research resentatives of the United States of America in TITLE I—PROVISIONS RELATING TO THE will not be used to make decisions that di- Congress assembled, SOCIAL SECURITY ACCOUNT NUMBER rectly affect the rights, benefits, or privi- IN THE PUBLIC AND PRIVATE SECTORS leges of specific individuals, and that the re- SECTION 1. SHORT TITLE AND TABLE OF CON- searcher has in place appropriate safeguards TENTS. SEC. 101. RESTRICTIONS ON THE SALE OR DIS- PLAY TO THE GENERAL PUBLIC OF to protect the privacy and confidentiality of (a) SHORT TITLE.—This Act may be cited as any information about identifiable individ- the ‘‘Social Security Number Privacy and SOCIAL SECURITY ACCOUNT NUM- BERS BY GOVERNMENTAL AGEN- uals, including procedures to ensure that the Identity Theft Prevention Act of 2004’’. CIES. social security account numbers will be (b) TABLE OF CONTENTS.—The table of con- (a) IN GENERAL.—Section 205(c)(2)(C) of the encrypted or otherwise appropriately secured tents is as follows: Social Security Act (42 U.S.C. 405(c)(2)(C)) is from unauthorized disclosure. In the case of Sec. 1. Short title and table of contents. amended by adding at the end the following social security account numbers which con- TITLE I—PROVISIONS RELATING TO THE new clause: stitute personally identifiable medical infor- SOCIAL SECURITY ACCOUNT NUMBER ‘‘(x)(I) An executive, legislative, or judicial mation, the Commissioner of Social Secu- IN THE PUBLIC AND PRIVATE SECTORS agency or instrumentality of the Federal rity, with respect to medical research re- Government or of a State or a political sub- Sec. 101. Restrictions on the sale or display ferred to in the preceding sentence, and the division thereof or a trustee appointed in a to the general public of social Attorney General of the United States, with case under title 11, United States Code (or security account numbers by respect to any medical research not referred person acting as an agent of such an agency governmental agencies. to in the preceding sentence but which is or instrumentality or trustee) may not sell Sec. 102. Regulatory authority. treated in regulations of the Attorney Gen- or display to the general public any social Sec. 103. Prohibition of display of social se- eral issued pursuant to subclause (VIII), security account number if such number has curity account numbers on shall maintain ongoing consultation with been disclosed to such agency, instrumen- checks issued for payment by the Office for Civil Rights of the Department tality, trustee, or agent pursuant to the as- governmental agencies. of Health and Human Services to ensure that sertion by such an agency, instrumentality, Sec. 104. Prohibition of the display of social the sale or purchase of such social security trustee, or agent to any person that disclo- security account numbers on account numbers is permitted only in com- sure of such number is mandatory. Notwith- driver’s licenses or motor vehi- pliance with existing Federal rules and regu- standing the preceding sentence, such num- cle registrations. lations prescribed by the Secretary of Health ber may be sold or displayed to the general Sec. 105. Prohibition of the display of per- and Human Services pursuant to section public in accordance with the exceptions sonal identification numbers on 264(c) of the Health Insurance Portability specified in subclauses (II), (III), (IV), (V), government employee identi- and Accountability Act of 1996 (110 Stat. (VI), (VII), and (VIII) (and for no other pur- fication cards or tags. 2033). pose). ‘‘(VIII) Notwithstanding subclause (I), a so- Sec. 106. Prohibition of inmate access to so- ‘‘(II) Notwithstanding subclause (I), a so- cial security account number may be sold or cial security account numbers. cial security account number may be sold by displayed to the general public by an agency, Sec. 107. Measures to preclude unauthorized an agency, instrumentality, trustee, or instrumentality, trustee, or agent referred disclosure of social security ac- agent referred to in subclause (I) to the ex- to in subclause (I) under such other cir- count numbers and protect the tent that such sale is specifically authorized cumstances as may be specified in regula- confidentiality of such num- by this Act. tions issued as provided in subparagraph (I) bers. ‘‘(III) Notwithstanding subclause (I), a so- of this paragraph. Sec. 108. Prohibition of sale, purchase, and cial security account number may be sold by ‘‘(IX) This clause does not apply with re- display to the general public of an agency, instrumentality, trustee, or spect to a social security account number of the social security account agent referred to in subclause (I) to the ex- a deceased individual. number in the private sector. tent that is necessary or appropriate for law ‘‘(X) For purposes of this clause, the term Sec. 109. Confidential treatment of credit enforcement or national security purposes, ‘sell’ means, in connection with a social se- header information. as determined under regulations which shall curity account number, to accept an item of Sec. 110. Refusal to do business without re- be issued as provided in subparagraph (I) of material value in exchange for such number. ceipt of social security account this paragraph. ‘‘(XI) For purposes of this clause, the term number considered unfair or de- ‘‘(IV) Notwithstanding subclause (I), a so- ‘display to the general public’ shall have the ceptive Act or practice. cial security account number may be sold by meaning provided such term in section TITLE II—MEASURES TO ENSURE THE an agency, instrumentality, trustee, or 208A(a)(3)(A). In any case in which an agen- INTEGRITY OF APPLICATIONS FOR SO- agent referred to in subclause (I) to the ex- cy, instrumentality, trustee, or agent re- CIAL SECURITY ACCOUNT NUMBERS tent that such sale is required to comply ferred to in subclause (I) requires trans- AND REPLACEMENT SOCIAL SECURITY with a tax law of the United States or of any mittal to such agency, instrumentality, CARDS State (or political subdivision thereof). trustee, or agent of an individual’s social se- Sec. 201. Independent verification of birth ‘‘(V) Notwithstanding subclause (I), a so- curity account number by means of the records provided in support of cial security account number may be sold by Internet without reasonable provisions to applications for social security a State department of motor vehicles as au- ensure that such number is encrypted or oth- account numbers. thorized under subsection (b) of section 2721 erwise appropriately secured from disclo- Sec. 202. Enumeration at birth. of title 18, United States Code, if such num- sure, any such transmittal of such number as Sec. 203. Study relating to use of photo- ber is to be used pursuant to such sale solely so required shall be treated, for purposes of graphic identification in con- for purposes permitted under paragraph (1), this clause, as a ‘display to the general pub- nection with applications for (6), or (9) of such subsection. lic’ of such number by such agency, instru- benefits, social security ac- ‘‘(VI) Notwithstanding subclause (I), a so- mentality, trustee, or agent for purposes of count numbers, and social secu- cial security account number may be sold or this clause. rity cards. otherwise made available by an agency, in- ‘‘(XII) For purposes of this clause, the term Sec. 204. Restrictions on issuance of mul- strumentality, trustee, or agent referred to social security account number includes any tiple replacement social secu- in subclause (I) to a consumer reporting derivative of such number. Notwithstanding rity cards. agency (as defined in section 603(f) of the the preceding sentence, any expression, con- Sec. 205. Study relating to modification of Fair Credit Reporting Act (15 U.S.C. tained in or on any item sold or displayed to the social security account 1681a(f))) for use or disclosure solely for per- the general public, shall not be treated as a numbering system to show missible purposes described in section 604(a) social security account number solely be- work authorization status. of such Act (15 U.S.C. 1681b(a)). cause such expression sets forth not more ‘‘(VII) Notwithstanding subclause (I), a so- than the last 4 digits of such number if the TITLE III—ENFORCEMENT cial security account number may be sold by remainder of such number cannot be deter- Sec. 301. New criminal penalties for misuse an agency, instrumentality, trustee, or mined based solely on such expression or any of social security account num- agent referred to in subclause (I) to the ex- other matter presented in such material. bers. tent necessary for research (other than mar- ‘‘(XIII) Nothing in this clause shall be con- Sec. 302. Extension of civil monetary pen- ket research) conducted by any agency or in- strued to supersede, alter, or affect any re- alty authority. strumentality referred to in subclause (I) (or striction or limitation on the sale or display S9226 CONGRESSIONAL RECORD — SENATE September 14, 2004 to the general public of social security ac- ‘‘(I) such sale or purchase would serve a division thereof or trustee appointed in a count numbers, provided in any Federal stat- compelling public interest that cannot rea- case under title 11, United States Code (or ute, regulation, order, or interpretation, if sonably be served through alternative meas- person acting as an agent of such an agency the restriction or limitation is greater than ures, and or instrumentality or trustee) may include that provided under this clause, as deter- ‘‘(II) such sale or purchase will not pose an the social security account number of any mined under applicable regulations issued by unreasonable risk of identity theft, or bod- individual (or any derivative of such num- the Commissioner of Social Security or by ily, emotional, or financial harm to an indi- ber) on any check issued for any payment by the Attorney General of the United States or vidual (taking into account any restrictions the Federal Government, any State or polit- another agency or instrumentality of the and conditions that the Attorney General ical subdivision thereof, or any agency or in- United States as provided in subparagraph imposes on the sale, purchase, or disclosure). strumentality thereof, or such trustee or on (I) of this paragraph.’’. ‘‘(iii) In issuing the regulations described any document attached to or accompanying (b) EFFECTIVE DATE AND RELATED RULES.— in clause (i) pursuant to the provisions of such a check.’’. (1) IN GENERAL.—Initial final regulations subparagraph (C)(x)(VIII) of this paragraph (b) EFFECTIVE DATE.—The amendment prescribed to carry out the provisions of sec- or section 208A(b)(3)(B), the Attorney Gen- made by this section shall apply with respect tion 205(c)(2)(C)(x) of the Social Security Act eral may authorize the sale, purchase, or dis- to checks (and documents attached to or ac- (added by this section) shall be issued not play to the general public of social security companying such checks) issued after 1 year later than the last date of the 18th calendar account numbers only after considering, after the date of the enactment of this Act. month following the date of the enactment among other relevant factors— SEC. 104. PROHIBITION OF THE DISPLAY OF SO- of this Act. Such provisions shall take effect, ‘‘(I) the associated cost or burden to the CIAL SECURITY ACCOUNT NUMBERS with respect to matters governed by such general public, businesses, commercial en- ON DRIVER’S LICENSES OR MOTOR regulations issued by the Commissioner of terprises, non-profit organizations, and Fed- VEHICLE REGISTRATIONS. Social Security, or (pursuant to section eral, State, and local governments; and (a) IN GENERAL.—Section 205(c)(2)(C)(vi) of 205(c)(2)(I) of such Act (added by section 102)) ‘‘(II) the associated benefit to the general the Social Security Act (42 U.S.C. by the Attorney General of the United States public, businesses, commercial enterprises, 405(c)(2)(C)(vi)) is amended— or any other agency or instrumentality of non-profit associations, and Federal, State, (1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and the United States, 1 year after the date of and local governments. (2) by adding at the end the following new the issuance of such regulations by the Com- ‘‘(iv) If, after considering the factors in subclause: missioner, the Attorney General, or such clause (iii), the Attorney General authorizes, ‘‘(II) Any State or political subdivision other agency or instrumentality, respec- in regulations referred to in clause (iii), the thereof (and any person acting as an agent of tively. Such amendment shall apply in the sale, purchase, or display to the general pub- such an agency or instrumentality), in the case of displays to the general public, as de- lic of social security account numbers, the administration of any driver’s license or fined in section 208A(a)(3) of such Act (added Attorney General shall impose restrictions motor vehicle registration law within its ju- by section 108), to such displays originally and conditions on the sale, purchase, or dis- risdiction, may not display a social security occurring after such 1-year period. Such pro- play to the general public to the extent nec- account number issued by the Commissioner visions shall not apply with respect to any essary— of Social Security (or any derivative of such display of a record (containing a social secu- ‘‘(I) to provide reasonable assurances that number) on any driver’s license or motor ve- rity account number (or any derivative social security account numbers will not be hicle registration or any other document thereof)) generated prior to the close of such used to commit or facilitate fraud, decep- issued by such State or political subdivision 1-year period. tions, or crime, and to an individual for purposes of identifica- (2) SUNSET OF EXCEPTION.—The last sen- ‘‘(II) to prevent an unreasonable risk of tion of such individual or include on any tence of subclause (XI) of section identity theft or bodily, emotional, or finan- such license, registration, or other document 205(c)(2)(C)(x) of the Social Security Act cial harm to any individual, considering the a magnetic strip, bar code, or other means of (added by this section) shall cease to be ef- nature, likelihood, and severity of the antici- communication which conveys such number fective with respect to sales, purchases, or pated harm that could result from the sale, (or derivative thereof).’’. displays to the general public occurring after purchase, or display to the general public of (b) EFFECTIVE DATE.—The amendments 6 years after the 18th calendar month re- social security account numbers, together made by this section shall apply with respect ferred to in paragraph (1). with the nature, likelihood, and extent of to licenses, registrations, and other docu- SEC. 102. REGULATORY AUTHORITY. any benefits that could be realized. ments issued or reissued after 1 year after Section 205(c)(2) of the Social Security Act ‘‘(v) In the issuance of regulations pursu- the date of the enactment of this Act. (42 U.S.C. 405(c)(2)) is amended by adding at ant to this subparagraph, notice shall be pro- SEC. 105. PROHIBITION OF THE DISPLAY OF PER- the end the following new subparagraph: vided as described in paragraphs (1), (2), and SONAL IDENTIFICATION NUMBERS ‘‘(I)(i) The Attorney General of the United (3) of section 553(b) of title 5, United States ON GOVERNMENT EMPLOYEE IDEN- States shall prescribe regulations to carry Code, and opportunity to participate in the TIFICATION CARDS OR TAGS. out the provisions of subclauses (III) and rule making shall be provided in accordance (a) IN GENERAL.—Section 205(c)(2)(C) of the (VIII) of subparagraph (C)(x) of this para- with section 553(c) of such title. Social Security Act (42 U.S.C. 405(c)(2)(C)) graph, subparagraphs (A) and (B) of section ‘‘(vi) Each agency and instrumentality ex- (as amended by the preceding provisions of 208A(b)(2), section 208A(b)(3)(B), and section ercising authority to issue regulations under this title) is amended further by adding at 208A(c)(2). In issuing such regulations, the this subparagraph shall consult and coordi- the end the following new clause: Attorney General shall consult with the nate with the other such agencies and instru- ‘‘(xii) No executive, legislative, or judicial Commissioner of Social Security, the Sec- mentalities for the purposes of assuring, to agency or instrumentality of the Federal retary of Health and Human Services, the the extent possible, that the regulations pre- Government or of a State or political sub- Secretary of Homeland Security, the Sec- scribed by each such agency or instrumen- division thereof, and no other person offering retary of the Treasury, the Federal Trade tality are consistent and comparable, as ap- benefits in connection with an employee ben- Commission, the Federal banking agencies propriate, with the regulations prescribed by efit plan maintained by such agency or in- (as defined in section 3 of the Federal De- the other such agencies and instrumental- strumentality or acting as an agent of such posit Insurance Act), the National Credit ities. The Attorney General shall undertake agency or instrumentality, may display a so- Union Administration, the Securities and to facilitate such consultation and coordina- cial security account number (or any deriva- Exchange Commission, State attorneys gen- tion. tive thereof) on any card or tag that is com- eral, and such representatives of the State ‘‘(vii) For purposes of this subparagraph, monly provided to employees of such agency insurance commissioners as may be des- the terms ‘sell’, ‘purchase’, and ‘display to or instrumentality (or to their family mem- ignated by the National Association of Insur- the general public’ shall have the meanings bers) for purposes of identification or include ance Commissioners. Any agency or instru- provided such terms under subparagraph on such card or tag a magnetic strip, bar mentality of the United States may exercise (C)(x) of this paragraph or under section code, or other means of communication the authority of the Attorney General under 208A(a), as applicable. which conveys such number.’’. this subparagraph, with respect to matters ‘‘(viii) For purposes of this subparagraph, (b) EFFECTIVE DATE.—The amendment otherwise subject to regulation by such subparagraph (C)(x)(XI) shall apply.’’. made by this section shall apply with respect agency or instrumentality, to the extent de- SEC. 103. PROHIBITION OF DISPLAY OF SOCIAL to cards or tags issued after 1 year after the termined appropriate in regulations of the SECURITY ACCOUNT NUMBERS ON date of the enactment of this Act. Attorney General. CHECKS ISSUED FOR PAYMENT BY SEC. 106. PROHIBITION OF INMATE ACCESS TO ‘‘(ii) In issuing the regulations described in GOVERNMENTAL AGENCIES. SOCIAL SECURITY ACCOUNT NUM- clause (i) pursuant to the provisions of sub- (a) IN GENERAL.—Section 205(c)(2)(C) of the BERS. paragraph (C)(x)(III), paragraph (A) or (B) of Social Security Act (42 U.S.C. 405(c)(2)(C)) (a) IN GENERAL.—Section 205(c)(2)(C) of the section 208A(b)(2), or section 208A(c)(2) (re- (as amended by section 101) is amended fur- Social Security Act (42 U.S.C. 405(c)(2)(C)) lating to law enforcement and national secu- ther by adding at the end the following new (as amended by the preceding provisions of rity), the Attorney General may authorize clause: this title) is amended further by adding at the sale or purchase of Social Security ac- ‘‘(xi) No executive, legislative, or judicial the end the following new clause: count numbers only if the Attorney General agency or instrumentality of the Federal ‘‘(xiii) No executive, legislative, or judicial determines that— Government or of a State or a political sub- agency or instrumentality of the Federal September 14, 2004 CONGRESSIONAL RECORD — SENATE S9227

Government or of a State or political sub- ‘‘SEC. 208A. (a) DEFINITIONS.—For purposes count number may be sold or purchased by division thereof (or person acting as an agent of this section: any person to the extent provided in this of such an agency or instrumentality) may ‘‘(1) PERSON.— subsection (and for no other purpose) as fol- employ, or enter into a contract for the use ‘‘(A) IN GENERAL.—Subject to subparagraph lows: or employment of, prisoners in any capacity (B), the term ‘person’ means any individual, ‘‘(A) to the extent necessary for law en- that would allow such prisoners access to the partnership, corporation, trust, estate, coop- forcement, including (but not limited to) the social security account numbers of other in- erative, association, or any other entity. enforcement of a child support obligation, as dividuals. For purposes of this clause, the ‘‘(B) GOVERNMENTAL ENTITIES.—Such term determined under regulations issued as pro- term ‘prisoner’ means an individual confined does not include a governmental entity. vided in section 205(c)(2)(I); in a jail, prison, or other penal institution or Nothing in this subparagraph shall be con- ‘‘(B) to the extent necessary for national correctional facility.’’. strued to authorize, in connection with a security purposes, as determined under regu- (b) EFFECTIVE DATE.— governmental entity, an act or practice oth- lations issued as provided in section (1) IN GENERAL.—Except as provided in erwise prohibited under this section or sec- 205(c)(2)(I); paragraph (2), the amendment made by this tion 205(c)(2)(C). ‘‘(C) to the extent necessary for public section shall apply with respect to employ- ‘‘(2) SELLING AND PURCHASING.— health purposes; ment of prisoners, or entry into contract for ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(D) to the extent necessary in emergency the use or employment of prisoners, on or (B)— situations to protect the health or safety of after the date of the enactment of this Act. ‘‘(i) SELL.—The term ‘sell’ in connection 1 or more individuals; (2) TREATMENT OF CURRENT ARRANGE- with a social security account number means ‘‘(E) to the extent that the sale or purchase MENTS.—In the case of— to obtain, directly or indirectly, anything of is required to comply with a tax law of the (A) prisoners employed as described in value in exchange for such number. United States or of any State (or political clause (xiii) of section 205(c)(2)(C) of the So- ‘‘(ii) PURCHASE.—The term ‘purchase’ in subdivision thereof); cial Security Act (as added by this section) connection with a social security account ‘‘(F) to the extent that the sale or purchase on the date of the enactment of this Act, and number means to provide, directly or indi- is to or by a consumer reporting agency (as (B) contracts described in such clause in ef- rectly, anything of value in exchange for defined in section 603(f) of the Fair Credit fect on such date, such number. Reporting Act (15 U.S.C. 1681a(f))) for use or ‘‘(B) EXCEPTIONS.—The terms ‘sell’ and the amendment made by this section shall disclosure solely for permissible purposes de- ‘purchase’ in connection with a social secu- take effect 90 days after the date of the en- scribed in section 604(a) of such Act (15 rity account number do not include the sub- actment of this Act. U.S.C. 1681b(a)); and mission of such number as part of— ‘‘(G) to the extent necessary for research SEC. 107. MEASURES TO PRECLUDE UNAUTHOR- ‘‘(i) the process for applying for any type of IZED DISCLOSURE OF SOCIAL SECU- (other than market research) conducted by RITY ACCOUNT NUMBERS AND PRO- Government benefits or programs (such as an agency or instrumentality of the United TECT THE CONFIDENTIALITY OF grants or loans or welfare or other public as- States or of a State or political subdivision SUCH NUMBERS. sistance programs), thereof (or an agent of such an agency or in- ‘‘(ii) the administration of, or provision of (a) IN GENERAL.—Section 205(c)(2)(C) of the strumentality) for the purpose of advancing benefits under, an employee benefit plan, or Social Security Act (42 U.S.C. 405(c)(2)(C)) the public good, on the condition that the re- ‘‘(iii) the sale, lease, merger, transfer, or (as amended by the preceding provisions of searcher provides adequate assurances that— exchange of a trade or business. this title) is amended further by adding at ‘‘(i) the social security account numbers ‘‘(3) DISPLAY TO THE GENERAL PUBLIC.— the end the following new clause: will not be used to harass, target, or publicly ‘‘(A) IN GENERAL.—The term ‘display to the ‘‘(xiv) Except as otherwise provided in this reveal information concerning any identifi- general public’ means, in connection with a paragraph, in the case of any executive, leg- able individuals; social security account number, to inten- islative, or judicial agency or instrumen- ‘‘(ii) information about identifiable indi- tionally place such number in a viewable tality of the Federal Government or of a viduals obtained from the research will not manner on an Internet site that is available State or political subdivision thereof and be used to make decisions that directly af- to the general public or to make such num- any trustee appointed in a case under title fect the rights, benefits, or privileges of spe- ber available in any other manner intended 11, United States Code (and any agent of cific individuals; and to provide access to such number by the gen- such agency, instrumentality, or trustee) ‘‘(iii) the researcher has in place appro- eral public. having in its possession an individual’s so- priate safeguards to protect the privacy and ‘‘(B) INTERNET TRANSMISSIONS.—In any case cial security account number— confidentiality of any information about in which a person requires, as a condition of ‘‘(I) no officer or employee thereof shall identifiable individuals, including procedures doing business with such person, transmittal have access to such number for any purpose to ensure that the social security account to such person of an individual’s social secu- other than the effective administration of numbers will be encrypted or otherwise ap- rity account number by means of the Inter- the statutory provisions governing its func- propriately secured from unauthorized dis- net without reasonable provisions to ensure tions, closure. ‘‘(II) such agency, instrumentality, trust- that such number is encrypted or otherwise ‘‘(3) Notwithstanding paragraph (1), a so- ee, or agent shall restrict, to the satisfaction secured from disclosure, any such trans- cial security account number assigned to an of the Commissioner of Social Security, ac- mittal of such number as so required shall be individual may be sold, purchased, or dis- cess to social security account numbers ob- treated as a ‘display to the general public’ of played to the general public by any person— tained thereby to officers and employees such number by such person. ‘‘(A) to the extent consistent with such in- thereof whose duties or responsibilities re- ‘‘(4) SOCIAL SECURITY ACCOUNT NUMBER.— dividual’s voluntary and affirmative written quire access for the administration or en- The term ‘social security account number’ consent to the sale, purchase, or display of forcement of such provisions, and has the meaning given such term in section the social security account number, but only ‘‘(III) such agency, instrumentality, trust- 208(c), except that such term includes any if— ee, or agent shall provide such other safe- derivative of such number. Notwithstanding ‘‘(i) the terms of the consent and the right guards as the Commissioner of Social Secu- the preceding sentence, any expression, con- to refuse consent are presented to the indi- rity determines to be necessary or appro- tained in or on any item sold or displayed to vidual in a clear, conspicuous, and under- priate to preclude unauthorized access to the the general public, shall not be treated as a standable manner, social security account number and to other- social security account number solely be- ‘‘(ii) the individual is placed under no obli- wise protect the confidentiality of such num- cause such expression sets forth not more gation to provide consent to any such sale, ber. than the last 4 digits of such number, if the remainder of such number cannot be deter- purchase, or display, and For purposes of this clause the term social ‘‘(iii) the terms of the consent authorize security account number includes any deriv- mined based solely on such expression or any other matter presented in or on such item. the individual to limit the sale, purchase, or ative thereof. ’’. display to purposes directly associated with (b) EFFECTIVE DATE.—The amendment ‘‘(b) PROHIBITION OF SALE, PURCHASE, AND the transaction with respect to which the made by this section shall take effect 1 year DISPLAY TO THE GENERAL PUBLIC.—(1) Except consent is sought, and after the date of the enactment of this Act. as provided in paragraph (2), it shall be un- lawful for any person to— ‘‘(B) under such circumstances as may be SEC. 108. PROHIBITION OF THE SALE, PURCHASE, deemed appropriate in regulations issued as AND DISPLAY TO THE GENERAL ‘‘(A) sell or purchase a social security ac- PUBLIC OF THE SOCIAL SECURITY count number or display to the general pub- provided under section 205(c)(2)(I). ACCOUNT NUMBER IN THE PRIVATE lic a social security account number, or ‘‘(4) In the case of social security account SECTOR. ‘‘(B) obtain or use any individual’s social numbers which constitute personally identi- (a) IN GENERAL.—Title II of the Social Se- security account number for the purpose of fiable medical information— curity Act is amended by inserting after sec- locating or identifying such individual with ‘‘(A) the Commissioner of Social Security, tion 208 (42 U.S.C. 408) the following new sec- the intent to physically injure or harm such with respect to medical research referred to tion:‘‘Prohibition of the sale, purchase, and individual or using the identity of such indi- in paragraph (3)(A), and display to the general public of the Social vidual for any illegal purpose. ‘‘(B) the Attorney General of the United Security account number in the private sec- ‘‘(2) Notwithstanding paragraph (1), and States, with respect to any medical research tor subject to paragraph (3), a social security ac- not referred to in paragraph (3)(A) but which S9228 CONGRESSIONAL RECORD — SENATE September 14, 2004

is treated in regulations of the Attorney ‘‘(g) DECEASED INDIVIDUALS.—This section ered to have committed an unfair or decep- General issued pursuant to paragraph (3)(B), does not apply with respect to the social se- tive act or practice in violation of section 5 shall maintain ongoing consultation with curity account number of a deceased indi- of the Federal Trade Commission Act (15 the Office for Civil Rights of the Department vidual. U.S.C. 45). Action may be taken under such of Health and Human Services to ensure that ‘‘(h) CRIMINAL PENALTY.—Any person who section 5 against such a person. the sale or purchase of such social security violates this section shall be guilty of a fel- (b) EXCEPTION.—Subsection (a) shall not account numbers is permitted only in com- ony and upon conviction thereof shall be apply to any person in any case in which pliance with existing Federal rules and regu- fined under title 18, United States Code, or such person is expressly required under Fed- lations prescribed by the Secretary of Health imprisoned for not more than 5 years, or eral law, in connection with doing business and Human Services pursuant to section both. with an individual, to submit to the Federal 264(c) of the Health Insurance Portability ‘‘(i) APPLICABILITY OF OTHER PROTEC- Government such individual’s social security and Accountability Act of 1996 (110 Stat. TIONS.—Nothing in this section shall be con- account number. 2033). strued to supersede, alter, or affect any re- (c) EFFECTIVE DATE.—The preceding provi- striction or limitation on the sale, purchase, ‘‘(c) PROHIBITION OF UNAUTHORIZED DISCLO- sions of this section shall apply with respect display to the general public, or other disclo- SURE TO GOVERNMENT AGENCIES OR INSTRU- to acts or practices committed after 180 days sure of social security account numbers, pro- MENTALITIES.—(1) It shall be unlawful for any after the date of the enactment of this Act. person to communicate by any means to any vided in any Federal statute, regulation, TITLE II—MEASURES TO ENSURE THE IN- agency or instrumentality of the United order, or interpretation, if the restriction or TEGRITY OF APPLICATIONS FOR SOCIAL States or of any State or political subdivi- limitation is greater than that provided SECURITY ACCOUNT NUMBERS AND RE- sion thereof the social security account under this section, as determined under ap- PLACEMENT SOCIAL SECURITY CARDS number of any individual other than such plicable regulations issued by the Commis- sioner of Social Security or by the Attorney SEC. 201. INDEPENDENT VERIFICATION OF BIRTH person without the written permission of RECORDS PROVIDED IN SUPPORT such individual, unless the number was re- General of the United States or another OF APPLICATIONS FOR SOCIAL SE- quested by the agency or instrumentality. In agency or instrumentality of the United CURITY ACCOUNT NUMBERS. the case of an individual who is legally in- States as provided in section 205(c)(2)(I).’’. (a) APPLICATIONS FOR SOCIAL SECURITY AC- (b) EFFECTIVE DATE AND RELATED RULES.— competent, permission provided by the indi- COUNT NUMBERS.—Section 205(c)(2)(B)(ii) of (1) IN GENERAL.—Initial final regulations vidual’s legal representatives shall be the Social Security Act (42 U.S.C. prescribed to carry out the provisions of sec- deemed to be permission provided by such in- 405(c)(2)(B)(ii)) is amended— tion 208A of the Social Security Act (added dividual. (1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and by this section) shall be issued not later than ‘‘(2) Paragraph (1) shall not apply to the (2) by adding at the end the following new the last date of the 18th calendar month fol- extent necessary— subclause: lowing the date of the enactment of this Act. ‘‘(A) for law enforcement, including (but ‘‘(II) With respect to an application for a Such provisions shall take effect, with re- not limited to) the enforcement of a child social security account number for an indi- spect to matters governed by such regula- support obligation, or vidual, other than for purposes of enumera- tions issued by the Commissioner of Social ‘‘(B) for national security purposes, tion at birth, the Commissioner shall require Security, or (pursuant to section 205(c)(2)(I) as determined under regulations issued as independent verification of any birth record of such Act (added by section 102)) by the At- provided under section 205(c)(2)(I). provided by the applicant in support of the torney General of the United States or any ‘‘(d) PROHIBITION OF THE DISPLAYS ON application. The Commissioner may provide other agency or instrumentality of the CARDS OR TAGS REQUIRED FOR ACCESS TO by regulation for reasonable exceptions from United States, 1 year after the date of the GOODS, SERVICES, OR BENEFITS.—No person the requirement for independent verification issuance of such regulations by the Commis- may display a social security account num- under this subclause in any case in which the sioner, the Attorney General, or such other ber on any card or tag issued to any other Commissioner determines there is minimal agency or instrumentality, respectively. person for the purpose of providing such opportunity for fraud.’’. Section 208A(b) of such Act shall apply in the other person access to any goods, services, or (b) EFFECTIVE DATE.—The amendment case of displays to the general public (as de- benefits or include on such card or tag a made by subsection (a) shall apply with re- fined in section 208A(a)(3) of such Act) to magnetic strip, bar code, or other means of spect to applications filed after 270 days such displays to the general public originally communication which conveys such number. after the date of the enactment of this Act. occurring after such 1-year period. Such pro- ‘‘(e) PROHIBITION OF THE DISPLAYS ON EM- (c) STUDY REGARDING APPLICATIONS FOR visions shall not apply with respect to any PLOYEE IDENTIFICATION CARDS OR TAGS.—No REPLACEMENT SOCIAL SECURITY CARDS.— such display to the general public of a record person that is an employer, and no other per- (1) IN GENERAL.—As soon as practicable (containing a social security account number son offering benefits in connection with an after the date of the enactment of this Act, (or any derivative thereof)) generated prior employee benefit plan maintained by such the Commissioner of Social Security shall to the close of such 1-year period. employer or acting as an agent of such em- undertake a study to test the feasibility and (2) SUNSET OF EXCEPTION.—The last sen- ployer, may display a social security account cost effectiveness of verifying all identifica- tence of section 208A(a)(4) of the Social Secu- number on any card or tag that is commonly tion documents submitted by an applicant rity Act (added by this section) shall cease provided to employees of such employer (or for a replacement social security card. As to be effective with respect to sales, pur- to their family members) for purposes of part of such study, the Commissioner shall chases, or displays to the general public oc- identification or include on such card or tag determine the feasibility of, and the costs as- curring after 6 years after the 18th calendar a magnetic strip, bar code, or other means of sociated with, the development of appro- month referred to in paragraph (1). communication which conveys such number. priate electronic processes for third party SEC. 109. CONFIDENTIAL TREATMENT OF CREDIT ‘‘(f) MEASURES TO PRECLUDE UNAUTHORIZED verification of any such identification docu- HEADER INFORMATION. DISCLOSURE OF SOCIAL SECURITY ACCOUNT ments which are issued by agencies and in- (a) IN GENERAL.—Section 603 of the Fair NUMBERS AND PROTECT THE CONFIDENTIALITY strumentalities of the Federal Government Credit Reporting Act (15 U.S.C. 1681a) is OF SUCH NUMBERS.—Subject to the preceding and of the States (and political subdivisions amended by adding at the end the following provisions of this section, any person having thereof). new subsection: in such person’s records the social security (2) REPORT.—Not later than 2 years after ‘‘(q) CONFIDENTIAL TREATMENT OF CREDIT account number of any individual other than the date of the enactment of this Act, the HEADER INFORMATION.—Information regard- Commissioner shall report to the Committee such person shall, to the extent that such ing the social security account number of records are maintained for the conduct of on Ways and Means of the House of Rep- the consumer, or any derivative thereof, may resentatives and the Committee on Finance such person’s trade or business— not be furnished to any person by a con- ‘‘(1) ensure that no officer or employee of the Senate regarding the results of the sumer reporting agency other than in a full study undertaken under paragraph (1). Such thereof has access to such number for any consumer report furnished in accordance purpose other than as necessary for the con- report shall contain such recommendations with section 604 and other requirements of for legislative changes as the Commissioner duct of such person’s trade or business, this title.’’. ‘‘(2) restrict, in accordance with regula- considers necessary to implement needed im- (b) EFFECTIVE DATE.—The amendment tions of the Commissioner, access to social provements in the process for verifying iden- made by this section shall take effect 90 days tification documents submitted by appli- security account numbers obtained thereby after the date of the enactment of this Act. to officers and employees thereof whose du- cants for replacement social security cards. SEC. 110. REFUSAL TO DO BUSINESS WITHOUT SEC. 202. ENUMERATION AT BIRTH. ties or responsibilities require access for the RECEIPT OF SOCIAL SECURITY AC- conduct of such person’s trade or business, COUNT NUMBER CONSIDERED UN- (a) IMPROVEMENT OF APPLICATION PROC- and FAIR OR DECEPTIVE ACT OR PRAC- ESS.— ‘‘(3) provide such safeguards as may be TICE. (1) IN GENERAL.—As soon as practicable specified, in regulations of the Commis- (a) IN GENERAL.—Any person who refuses after the date of the enactment of this Act, sioner, to be necessary or appropriate to pre- to do business with an individual because the the Commissioner of Social Security shall clude unauthorized access to the social secu- individual will not consent to the receipt by undertake to make improvements to the rity account number and to otherwise pro- such person of the social security account enumeration at birth program for the tect the confidentiality of such number. number of such individual shall be consid- issuance of social security account numbers September 14, 2004 CONGRESSIONAL RECORD — SENATE S9229 to newborns. Such improvements shall be de- new sentence: ‘‘The Commissioner shall re- instrumentality of the Federal Government signed to prevent— strict the issuance of multiple replacement or of a State or political subdivision thereof (A) the assignment of social security ac- social security cards to any individual to 3 (or a person acting as an agent of such an count numbers to unnamed children; per year and to 10 for the life of the indi- agency or instrumentality) in possession of (B) the issuance of more than 1 social secu- vidual, except in any case in which the Com- any individual’s social security account rity account number to the same child; and missioner determines there is minimal op- number (or an officer or employee thereof or (C) other opportunities for fraudulently ob- portunity for fraud.’’. a person acting as an agent thereof), will- taining a social security account number. (b) REGULATIONS AND EFFECTIVE DATE.— fully acts or fails to act so as to cause a vio- (2) REPORT TO THE CONGRESS.—Not later The Commissioner of Social Security shall lation of clause (vi)(II), (x), (xi), (xii), (xiii), than 1 year after the date of the enactment issue regulations under the amendment or (xiv) of section 205(c)(2)(C); or of this Act, the Commissioner shall transmit made by subsection (a) not later than 1 year ‘‘(12) being a trustee appointed in a case to each House of the Congress a report speci- after the date of the enactment of this Act. under title 11, United States Code (or an offi- fying in detail the extent to which the im- Systems controls developed by the Commis- cer or employee thereof or a person acting as provements required under paragraph (1) sioner pursuant to such amendment shall an agent thereof), willfully acts or fails to have been made. take effect upon the earlier of the issuance act so as to cause a violation of clause (x), (b) STUDY REGARDING PROCESS FOR ENU- of such regulations or the end of such 1-year (xi), or (xiv) of section 205(c)(2)(C);’’. MERATION AT BIRTH.— period. (b) EFFECTIVE DATES.—Paragraphs (7)(D) (1) IN GENERAL.—As soon as practicable SEC. 205. STUDY RELATING TO MODIFICATION OF and (9) of section 208(a) of the Social Secu- after the date of the enactment of this Act, THE SOCIAL SECURITY ACCOUNT rity Act (added by subsection (a)(2)) shall the Commissioner of Social Security shall NUMBERING SYSTEM TO SHOW apply with respect to each violation occur- undertake a study to determine the most ef- WORK AUTHORIZATION STATUS. ring after the date of the enactment of this ficient options for ensuring the integrity of (a) IN GENERAL.—As soon as practicable Act. Paragraphs (10), (11), and (12) of section the process for enumeration at birth. Such after the date of the enactment of this Act, 208(a) of such Act (added by subsection (a)(2)) study shall include an examination of avail- the Commissioner of Social Security, in con- shall apply with respect to each violation oc- able methods for reconciling hospital birth sultation with the Secretary of Homeland curring on or after the effective date applica- records with birth registrations submitted to Security, shall undertake a study to examine ble with respect to such violation under title agencies of States and political subdivisions the best method of modifying the social se- I. curity account number assigned to individ- thereof and with information provided to the SEC. 302. EXTENSION OF CIVIL MONETARY PEN- Commissioner as part of the process for enu- uals who— ALTY AUTHORITY. (1) are not citizens of the United States, meration at birth. (a) APPLICATION OF CIVIL MONEY PENALTIES (2) have not been admitted for permanent (2) REPORT.—Not later than 18 months TO ELEMENTS OF CRIMINAL VIOLATIONS.—Sec- residence, and after the date of the enactment of this Act, tion 1129(a) of the Social Security Act (42 (3) are not authorized by the Secretary of the Commissioner shall report to the Com- U.S.C. 1320a–8(a)) is amended— Homeland Security to work in the United mittee on Ways and Means of the House of (1) by redesignating paragraph (2) as para- States, or are so authorized subject to one or Representatives and the Committee on Fi- graph (4); more restrictions, nance of the Senate regarding the results of (2) by designating the last sentence of the study undertaken under paragraph (1). so as to include an indication of such lack of paragraph (1) as a new paragraph (2), appear- Such report shall contain such recommenda- authorization to work or such restrictions on ing after and below paragraph (1); and tions for legislative changes as the Commis- such an authorization. (3) by inserting after paragraph (2) (as des- sioner considers necessary to implement (b) REPORT.—Not later than 1 year after ignated under paragraph (2) of this sub- needed improvements in the process for enu- the date of the enactment of this Act, the section) the following: meration at birth. Commissioner shall report to the Committee ‘‘(3) Any person (including an organization, SEC. 203. STUDY RELATING TO USE OF PHOTO- on Ways and Means of the House of Rep- agency, or other entity) who— GRAPHIC IDENTIFICATION IN CON- resentatives and the Committee on Finance ‘‘(A) uses a social security account number NECTION WITH APPLICATIONS FOR of the Senate regarding the results of the that such person knows or should know has BENEFITS, SOCIAL SECURITY AC- study undertaken under this section. Such been assigned by the Commissioner of Social COUNT NUMBERS, AND SOCIAL SE- report shall include the Commissioner’s rec- CURITY CARDS. Security (in an exercise of authority under ommendations of feasible options for modi- (a) IN GENERAL.—As soon as practicable section 205(c)(2) to establish and maintain fying the social security account number in after the date of the enactment of this Act, records) on the basis of false information fur- the manner described in subsection (a). the Commissioner of Social Security shall nished to the Commissioner by any person; undertake a study to— TITLE III—ENFORCEMENT ‘‘(B) falsely represents a number to be the (1) determine the best method of requiring SEC. 301. NEW CRIMINAL PENALTIES FOR MISUSE social security account number assigned by and obtaining photographic identification of OF SOCIAL SECURITY ACCOUNT the Commissioner of Social Security to any applicants for old-age, survivors, and dis- NUMBERS. individual, when such person knows or ability insurance benefits under title II of (a) IN GENERAL.—Section 208(a) of the So- should know that such number is not the so- the Social Security Act, for a social security cial Security Act (42 U.S.C. 408(a)) is amend- cial security account number assigned by the account number, or for a replacement social ed— Commissioner to such individual; security card, and of providing for reason- (1) in paragraph (7), by adding after sub- ‘‘(C) knowingly alters a social security able exceptions to any requirement for pho- paragraph (C) the following new subpara- card issued by the Commissioner of Social tographic identification of such applicants graph: Security, or possesses such a card with in- that may be necessary to promote efficient ‘‘(D) with intent to deceive, discloses, sells, tent to alter it; and effective administration of this title, or transfers his own social security account ‘‘(D) knowingly buys or sells a card that is, and number, assigned to him by the Commis- or purports to be, a card issued by the Com- (2) evaluate the benefits and costs of insti- sioner of Social Security (in the exercise of missioner of Social Security, or possesses tuting such a requirement for photographic the Commissioner’s authority under section such a card with intent to buy or sell it; identification, including the degree to which 205(c)(2) to establish and maintain records), ‘‘(E) counterfeits a social security card, or the security and integrity of the old-age, to any person; or’’; possesses a counterfeit social security card survivors, and disability insurance program (2) in paragraph (8), by adding ‘‘or’’ at the with intent to buy or sell it; would be enhanced. end; and ‘‘(F) discloses, uses, compels the disclosure (b) REPORT.—Not later than 18 months (3) by inserting after paragraph (8) the fol- of, or knowingly sells or purchases the social after the date of the enactment of this Act, lowing new paragraphs: security account number of any person in the Commissioner shall report to the Com- ‘‘(9) without lawful authority, offers, for a violation of the laws of the United States; mittee on Ways and Means of the House of fee, to acquire for any individual, or to assist ‘‘(G) with intent to deceive the Commis- Representatives and the Committee on Fi- in acquiring for any individual, an additional sioner of Social Security as to such person’s nance of the Senate regarding the results of social security account number or a number true identity (or the true identity of any the study undertaken under paragraph (1). that purports to be a social security account other person), furnishes or causes to be fur- Such report shall contain such recommenda- number; or nished false information to the Commis- tions for legislative changes as the Commis- ‘‘(10) being an officer or employee of any sioner with respect to any information re- sioner considers necessary relating to re- executive, legislative, or judicial agency or quired by the Commissioner in connection quirements for photographic identification instrumentality of the Federal Government with the establishment and maintenance of of applicants described in subsection (a). or of a State or political subdivision thereof the records provided for in section 205(c)(2); SEC. 204. RESTRICTIONS ON ISSUANCE OF MUL- (or a person acting as an agent of such an ‘‘(H) without lawful authority, offers, for a TIPLE REPLACEMENT SOCIAL SECU- agency or instrumentality), willfully acts or fee, to acquire for any individual, or to assist RITY CARDS. fails to act so as to cause a violation of sec- in acquiring for any individual, an additional (a) IN GENERAL.—Section 205(c)(2)(G) of the tion 205(c)(2)(C)(xi); or social security account number or a number Social Security Act (42 U.S.C. 405(c)(2)(G)) is ‘‘(11) being an officer or employee of any which purports to be a social security ac- amended by adding at the end the following executive, legislative, or judicial agency or count number; S9230 CONGRESSIONAL RECORD — SENATE September 14, 2004 ‘‘(I) with intent to deceive, discloses, sells, cial security account numbers or social secu- and inserting ‘‘a violation of any of the pro- or transfers his own social security account rity cards. visions of this section committed by any per- number, assigned to him by the Commis- ‘‘(c) For purposes of this section— son or other entity in the role of such person sioner of Social Security under section ‘‘(1) The term ‘social security employee’ or entity as, or in applying to become, a cer- 205(c)(2)(B), to any person; means any State employee of a State dis- tified payee under section 205(j) on behalf of ‘‘(J) being an officer or employee of any ex- ability determination service, any officer, another individual (other than such person’s ecutive, legislative, or judicial agency or in- employee, or contractor of the Social Secu- spouse)’’. strumentality of the Federal Government or rity Administration, any employee of such a (b) AMENDMENTS TO TITLE VIII.—Section of a State or political subdivision thereof (or contractor, or any volunteer providing serv- 811 of such Act (42 U.S.C. 1011) is amended— a person acting as an agent of such an agen- ices or assistance in any facility of the So- (1) in subsection (a), by striking ‘‘shall be cy or instrumentality), in possession of any cial Security Administration. fined’’ and all that follows and inserting individual’s social security account number, ‘‘(2) The term ‘social security account ‘‘shall be fined, imprisoned, or both, as pro- willfully acts or fails to act so as to cause a number’ means a social security account vided in subsection (b).’’; violation of clause (vi)(II), (x), (xi), (xii), number assigned by the Commissioner of So- (2) by redesignating subsection (b) as sub- (xiii), or (xiv) of section 205(c)(2)(C); cial Security under section 205(c)(2)(B) or an- section (c); and ‘‘(K) being a trustee appointed in a case other number that has not been so assigned (3) by inserting after subsection (a) the fol- under title 11, United States Code (or an offi- but is purported to have been so assigned. lowing new subsection: cer or employee thereof or a person acting as ‘‘(3) The term ‘social security card’ means ‘‘(b) PUNISHMENT.—A person convicted of a an agent thereof), willfully acts or fails to a card issued by the Commissioner of Social violation described in subsection (a) shall act so as to cause a violation of clause (x), Security under section 205(c)(2)(G), another be— (xi), or (xiv) of section 205(c)(2)(C); card which has not been so issued but is pur- ‘‘(1) fined under title 18, United States ‘‘(L) violates section 208A (relating to pro- ported to have been so issued, and banknote Code, or imprisoned for not more than 5 hibition of the sale, purchase, or display of paper of the type described in section years, or both, in the case of an initial viola- the social security account number in the 205(c)(2)(G) prepared for the entry of social tion, subject to paragraphs (3) and (4), private sector); or security account numbers, whether fully ‘‘(2) fined under title 18, United States ‘‘(M) violates section 208B (relating to completed or not. Code, or imprisoned for not more than 10 fraud by social security administration em- ‘‘(d) Any employee of the Social Security years, or both, in the case of a violation ployees); Administration who attempts or conspires to which occurs after a prior conviction for an- commit any violation of this section shall be shall be subject to, in addition to any other other offense under subsection (a) becomes subject to the same penalties as those pre- penalties that may be prescribed by law, a final, subject to paragraphs (3) and (4), scribed for the violation the commission of civil money penalty of not more than $5,000 ‘‘(3) fined under title 18, United States which was the object of the attempt or con- for each violation. Such person shall also be Code, or imprisoned for not more than 20 spiracy.’’. subject to an assessment, in lieu of damages years, in the case of a violation which is (b) EFFECTIVE DATE.—The amendments committed to facilitate a drug trafficking sustained by the United States resulting made by this section shall apply with respect from such violation, of not more than twice crime (as defined in section 929(a)(2) of title to violations occurring on or after the date 18, United States Code) or in connection with the amount of any benefits or payments paid of the enactment of this Act. as a result of such violation.’’. a crime of violence (as defined in section SEC. 304. ENHANCED PENALTIES IN CASES OF FFECTIVE ATES 924(c)(3) of title 18, United States Code), sub- (b) E D .—The amendments TERRORISM, DRUG TRAFFICKING, made by this section shall apply with respect CRIMES OF VIOLENCE, OR PRIOR ject to paragraph (4), and to violations committed after the date of the OFFENSES. ‘‘(4) fined under title 18, United States enactment of this Act, except that subpara- (a) AMENDMENTS TO TITLE II.—Section 208 Code, or imprisoned for not more than 25 graphs (J), (K), (L), and (M) of section of the Social Security Act (42 U.S.C. 408) is years, in the case of a violation which is 1129(a)(3) of the Social Security Act (added amended— committed to facilitate an act of inter- by subsection (a)) shall apply with respect to (1) in subsection (a), by striking ‘‘shall be national or domestic terrorism (as defined in violations occurring on or after the effective fined’’ and all that follows and inserting the paragraphs (1) and (5), respectively, of sec- date provided in connection with such viola- following: ‘‘shall be fined, imprisoned, or tion 2331 of title 18, United States Code).’’. tions under title I. both, as provided in subsection (b).’’; (c) AMENDMENTS TO TITLE XVI.—Section SEC. 303. CRIMINAL PENALTIES FOR EMPLOYEES (2) by redesignating subsections (b), (c), 1632 of such Act (42 U.S.C. 1383a) is amend- OF THE SOCIAL SECURITY ADMINIS- and (d) as subsections (c), (d), and (e), respec- ed— TRATION WHO KNOWINGLY AND tively; and (1) in subsection (a), by striking ‘‘shall be FRAUDULENTLY ISSUE SOCIAL SE- (3) by inserting after subsection (a) the fol- fined’’ and all that follows and inserting CURITY CARDS OR SOCIAL SECU- lowing new subsection: ‘‘shall be fined, imprisoned, or both, as pro- RITY ACCOUNT NUMBERS. ‘‘(b) A person convicted of a violation de- vided in subsection (b).’’; (a) IN GENERAL.—Title II of the Social Se- scribed in subsection (a) shall be— (2) by redesignating subsections (b) and (c) curity Act (as amended by the preceding pro- ‘‘(1) fined under title 18, United States as subsections (c) and (d), respectively; and visions of this Act) is amended further by in- Code, or imprisoned for not more than 5 (3) by inserting after subsection (a) the fol- serting after section 208A the following new years, or both, in the case of an initial viola- lowing new subsection: section: tion, subject to paragraphs (3) and (4), ‘‘(b) A person convicted of a violation de- ‘‘FRAUD BY SOCIAL SECURITY ADMINISTRATION ‘‘(2) fined under title 18, United States scribed in subsection (a) shall be— EMPLOYEES Code, or imprisoned for not more than 10 ‘‘(1) fined under title 18, United States ‘‘SEC. 208B. (a) Whoever is an employee of years, or both, in the case of a violation Code, or imprisoned for not more than 5 the Social Security Administration and which occurs after a prior conviction for an- years, or both, in the case of an initial viola- knowingly and fraudulently sells or transfers other offense under subsection (a) becomes tion, subject to paragraphs (3) and (4), one or more social security account numbers final, subject to paragraphs (3) and (4), ‘‘(2) fined under title 18, United States or social security cards shall be guilty of a ‘‘(3) fined under title 18, United States Code, or imprisoned for not more than 10 felony and upon conviction thereof shall be Code, or imprisoned for not more than 20 years, or both, in the case of a violation fined under title 18, United States Code, im- years, in the case of a violation which is which occurs after a prior conviction for an- prisoned as provided in subsection (b), or committed to facilitate a drug trafficking other offense under subsection (a) becomes both. crime (as defined in section 929(a)(2) of title final, subject to paragraphs (3) and (4), ‘‘(b) Imprisonment for a violation de- 18, United States Code) or in connection with ‘‘(3) fined under title 18, United States scribed in subsection (a) shall be for— a crime of violence (as defined in section Code, or imprisoned for not more than 20 ‘‘(1) not less than 1 year and up to 5 years, 924(c)(3) of title 18, United States Code), sub- years, in the case of a violation which is in the case of an employee of the Social Se- ject to paragraph (4), and committed to facilitate a drug trafficking curity Administration who has fraudulently ‘‘(4) fined under title 18, United States crime (as defined in section 929(a)(2) of title sold or transferred not more than 50 social Code, or imprisoned for not more than 25 18, United States Code) or in connection with security account numbers or social security years, in the case of a violation which is a crime of violence (as defined in section cards, committed to facilitate an act of inter- 924(c)(3) of title 18, United States Code), sub- ‘‘(2) not less than 5 years and up to 10 national or domestic terrorism (as defined in ject to paragraph (4), and years, in the case of an employee of the So- paragraphs (1) and (5), respectively, of sec- ‘‘(4) fined under title 18, United States cial Security Administration who has fraud- tion 2331 of title 18, United States Code).’’; Code, or imprisoned for not more than 25 ulently sold or transferred more than 50, but and years, in the case of a violation which is not more than 100, social security account (4) in subsection (c) (as redesignated by committed to facilitate an act of inter- numbers or social security cards, or paragraph (2))— national or domestic terrorism (as defined in ‘‘(3) not less than 10 years and up to 20 (A) by striking the first sentence; and paragraphs (1) and (5), respectively, of sec- years, in the case of an employee of the So- (B) in the second sentence, by striking tion 2331 of title 18, United States Code).’’. cial Security Administration who has fraud- ‘‘any violation described in the preceding (d) EFFECTIVE DATE.—The amendments ulently sold or transferred more than 100 so- sentence, including a first such violation’’ made by this section shall apply with respect September 14, 2004 CONGRESSIONAL RECORD — SENATE S9231 to violations occurring after the date of the Whereas it is vital to increase public AMENDMENTS SUBMITTED AND enactment of this Act. awareness of the enormous impact that fraud PROPOSED f has on older Americans and to educate the public, older Americans, their families, and SA 3630. Mr. DODD (for himself, Mr. SPEC- SUBMITTED RESOLUTIONS their caregivers about a wide array of fraud TER, Mr. HARKIN, Mr. LEVIN, Mr. SARBANES, schemes, such as telemarketing, mail, Inter- Mr. KENNEDY, Mr. DASCHLE, Mr. SCHUMER, net, and identity fraud, and how to report Mrs. CLINTON, and Mr. REID) proposed an SENATE RESOLUTION 424—DESIG- suspected fraud to the appropriate authori- amendment to the bill H.R. 4567, making ap- NATING OCTOBER 2004 AS ‘‘PRO- ties: Now, therefore, be it propriations for the Department of Home- Resolved, That the Senate— land Security for the fiscal year ending Sep- TECTING OLDER AMERICANS tember 30, 2005, and for other purposes. FROM FRAUD MONTH’’ (1) designates October 2004 as ‘‘Protecting Older Americans From Fraud Month’’; and SA 3631. Mrs. CLINTON (for herself, Mrs. Mr. CRAIG submitted the following (2) requests that the President issue a FEINSTEIN, Mr. DODD, and Mr. SCHUMER) pro- resolution; which was referred to the proclamation calling on the people of the posed an amendment to the bill H.R. 4567, United States to observe the month with ap- supra. Committee on the Judiciary: SA 3632. Mrs. CLINTON (for herself, Mr. propriate activities and programs that— S. RES. 424 (A) prevent the purveyors of tele- SCHUMER, Mr. KENNEDY, and Mr. CORZINE) Whereas perpetrators of financial crimes marketing, mail, Internet, and identity submitted an amendment intended to be pro- frequently target their fraud schemes at fraud from victimizing the people of the posed by her to the bill H.R. 4567, supra. SA 3633. Mr. REED submitted an amend- older Americans because older Americans United States; and ment intended to be proposed by him to the possess a large percentage of the individual (B) educate and inform the public, older bill H.R. 4567, supra. household wealth in the United States; Americans, their families, and their care- Whereas many older Americans have been SA 3634. Mrs. BOXER submitted an amend- givers about a number of financial crimes, ment intended to be proposed by her to the divested of their hard-earned life savings by such as telemarketing, mail, Internet, and fraud and frequently pay a high emotional bill H.R. 4567, supra. identity fraud. SA 3635. Mr. FEINGOLD (for himself and cost, losing not only their money, but also Mr. LEAHY) submitted an amendment in- their self-respect and dignity; SENATE RESOLUTION 425—HON- tended to be proposed by him to the bill H.R. Whereas perpetrators of fraud schemes ORING FORMER PRESIDENT WIL- 4567, supra. against older Americans reach their victims SA 3636. Mr. BAUCUS (for himself, Mr. through the telephone, the mail, or the LIAM JEFFERSON CLINTON ON THE OCCASION OF HIS 58TH BURNS, Mr. CONRAD, Mr. ROBERTS, Mr. DOR- Internet; GAN, Mr. BROWNBACK, Mr. NELSON of Ne- Whereas the United States Postal Inspec- BIRTHDAY braska, Mr. HAGEL, Mr. COLEMAN, Mr. DAY- tion Service responded to nearly 80,000 fraud Mr. DASCHLE (for himself and Mr. TON, Mrs. CLINTON, Mrs. MURRAY, Ms. complaints, arrested 1,453 fraud offenders, se- REID) submitted the following resolu- STABENOW, Mr. JOHNSON, Mr. DASCHLE, and cured nearly 1,387 fraud convictions, and ini- Mr. LEVIN) submitted an amendment in- tiated 102 civil or administrative actions in- tion; which was considered and agreed to: tended to be proposed by him to the bill H.R. volving fraud in fiscal year 2003; 4567, supra. Whereas fraud investigations by the United S. RES. 425 SA 3637. Mr. DASCHLE submitted an States Postal Inspection Service in fiscal Whereas former President William Jeffer- amendment intended to be proposed by him year 2003 resulted in nearly $1,500,000,000 in son Clinton was born in Hope, Arkansas, on to the bill H.R. 4567, supra; which was or- court-ordered and voluntary restitution pay- August 19, 1946; dered to lie on the table. ments; Whereas William Jefferson Clinton at- SA 3638. Mr. HATCH (for himself and Mr. Whereas older Americans are often the dis- tended Georgetown University as an under- LEAHY) submitted an amendment intended to proportionate targets of cross-border fraud, graduate and received a Rhodes Scholarship be proposed by him to the bill H.R. 4567, including prize promotions, sweepstakes in 1968; supra. scams, foreign money offers, advance-fee Whereas William Jefferson Clinton re- SA 3639. Mr. BINGAMAN (for himself and loans, and foreign lotteries, and file 20 per- ceived a law degree from Yale University in Mr. DOMENICI) proposed an amendment to cent of all cross-border fraud complaints; 1973; the bill H.R. 4567, supra. Whereas there was an 80 percent increase Whereas William Jefferson Clinton estab- SA 3640. Mrs. BOXER submitted an amend- in 2003 of reports of Internet fraud targeting lished a record of public service as Attorney ment intended to be proposed by her to the older Americans, and the amount of money General of Arkansas, Governor of Arkansas, bill H.R. 4567, supra. SA 3641. Mrs. BOXER (for herself, Mr. CAR- lost by older Americans to Internet fraud in- and Chairman of the National Governors As- PER, and Mrs. CLINTON) proposed an amend- creased from $2,690,618 in 2002 to $12,818,313 in sociation; 2003, a 375 percent increase in money lost; Whereas William Jefferson Clinton cam- ment to the bill H.R. 4567, supra. SA 3642. Mrs. BOXER (for herself and Mr. Whereas the Federal Trade Commission re- paigned for and won the Democratic nomina- SCHUMER) submitted an amendment intended ports that 27,300,000 people in the United tion for President in 1992; States have been victims of identity theft in Whereas William Jefferson Clinton was to be proposed by her to the bill H.R. 4567, the last 5 years, including 9,900,000 people in elected the 42d President of the United supra. SA 3643. Mr. ROBERTS submitted an the last year alone, and that identity theft States in 1992 and was reelected for a second amendment intended to be proposed by him has cost businesses and financial institutions term in 1996; to the bill H.R. 4567, supra. nearly $48,000,000,000, in addition to the re- Whereas during William Jefferson Clin- SA 3644. Ms. MURKOWSKI (for herself, Mr. ported $5,000,000,000 in out-of-pocket ex- ton’s time in office the United States experi- INOUYE, and Mr. STEVENS) submitted an penses incurred by consumer fraud victims; enced 8 years of economic expansion, job amendment intended to be proposed by her Whereas there was a 200 percent increase in growth, and the transformation of a budget 2002 of identity theft targeting older Ameri- to the bill H.R. 4567, supra. deficit into a budget surplus; SA 3645. Mrs. DOLE submitted an amend- cans, and credit card fraud is perpetrated Whereas William Jefferson Clinton rallied ment intended to be proposed by her to the against older Americans at a higher rate the members of the North Atlantic Treaty bill H.R. 4567, supra. than the general population of the United Organization to put an end to ethnic cleans- SA 3646. Mr. TALENT (for himself and Mr. States; ing in the Balkans and to depose the mur- BOND) submitted an amendment intended to Whereas the Federal Trade Commission derous regime of Slobodan Milosevic, actions be proposed by him to the bill H.R. 4567, continues to successfully implement its do- which eventually led to the signing of the supra. not-call registry, with 60 percent of con- Dayton Peace Accords; SA 3647. Ms. STABENOW (for herself, Mr. sumers surveyed stating that they registered Whereas William Jefferson Clinton played CRAIG, and Mr. LEVIN) submitted an amend- and 80 percent of the registered consumers a major role in the Good Friday Peace Ac- ment intended to be proposed by her to the surveyed reporting fewer calls, but more cords which finally brought peace to war- bill H.R. 4567, supra. older Americans need to be aware that the torn Northern Ireland; and SA 3648. Mr. SHELBY submitted an amend- do-not-call registry is available; Whereas, in the words of President George ment intended to be proposed by him to the Whereas fraud schemes targeting older W. Bush, William Jefferson Clinton ‘showed bill H.R. 4567, supra. Americans have caused losses estimated at a deep and far-ranging knowledge of public SA 3649. Mr. BYRD (for himself, Mr. LEVIN, millions of dollars a year, and have cost policy, a great compassion for people in Mr. BINGAMAN, and Mr. FEINGOLD) proposed some older Americans their homes; need, and the forward-looking spirit the an amendment to the bill H.R. 4567, supra. Whereas consumer awareness is the best Americans like in a President’: Now, there- SA 3650. Mr. BAYH (for himself and Mr. protection from telemarketing, mail, Inter- fore, be it LUGAR) submitted an amendment intended net, and identity fraud schemes, and the Resolved, That the Senate honors former to be proposed by him to the bill H.R. 4567, Federal Trade Commission and the United President William Jefferson Clinton on the supra; which was ordered to lie on the table. States Postal Inspection Service have re- occasion of his 58th birthday on August 19, SA 3651. Mrs. CLINTON (for herself and Mr. sources available to educate and assist the 2004, and extends best wishes to him and his SCHUMER) proposed an amendment to the bill public; and family. H.R. 4567, supra. S9232 CONGRESSIONAL RECORD — SENATE September 14, 2004 SA 3652. Mr. NELSON of Florida (for him- the Department of Homeland Security ties, or employees of departments or agen- self and Mr. GRAHAM of Florida) proposed an for the fiscal year ending September 30, cies of the United States Government other amendment to the bill H.R. 4567, supra. 2005, and for other purposes; as follows: than the Department of Homeland Security, SA 3653. Mr. REID submitted an amend- the percentage of domestic and international ment intended to be proposed by him to the On page 39, between lines 5 and 6, insert flights that have a Federal Air Marshal bill H.R. 4567, supra. the following: aboard, and the rate at which individuals are SEC. 515. SA 3654. Mr. JEFFORDS submitted an leaving service as Federal Air Marshals. (a) It is the sense of the Senate that in al- amendment intended to be proposed by him locating Urban Area Security Initiative to the bill H.R. 4567, supra; which was or- Mr. FEINGOLD (for himself funds to high-threat, high-density urban SA 3635. dered to lie on the table. areas, the Secretary of Homeland Security and Mr. LEAHY) submitted an amend- SA 3655. Mr. SCHUMER submitted an should ensure that urban areas that face the ment intended to be proposed by him amendment intended to be proposed by him greatest threat receive Urban Area Security to the bill H.R. 4567, making appropria- to the bill H.R. 4567, supra. Initiative resources commensurate with that tions for the Department of Homeland SA 3656. Mr. SCHUMER (for himself, Mr. threat. Security for the fiscal year ending Sep- SARBANES, Mr. REED, Mrs. CLINTON, and Mr. (b) The amount appropriated to the Office KENNEDY) proposed an amendment to the bill tember 30, 2005, and for other purposes; of State and Local Government Coordination as follows: H.R. 4567, supra. and Preparedness for the fiscal year ending SA 3657. Mr. COCHRAN (for Mr. DURBIN September 30, 2005, for discretionary grants At the appropriate place, insert the fol- (for himself and Mr. AKAKA)) proposed an for use in high-threat, high-density urban lowing: amendment to the bill H.R. 4567, supra. areas under title III of this Act is increased SEC. ll. DATA-MINING REPORT. SA 3658. Mr. COCHRAN (for Mr. DOMENICI) by $625,000,000. (a) DEFINITIONS.—In this section: proposed an amendment to the bill H.R. 4567, (1) DATA-MINING.—The term ‘‘data-mining’’ supra. SA 3633. Mr. REED submitted an means a query or search or other analysis of SA 3659. Mr. COCHRAN (for Mr. TALENT) amendment intended to be proposed by 1 or more electronic databases, where— proposed an amendment to the bill H.R. 4567, (A) at least 1 of the databases was obtained supra. him to the bill H.R. 4567, making ap- propriations for the Department of from or remains under the control of a non- f Federal entity, or the information was ac- Homeland Security for the fiscal year quired initially by another department or TEXT OF AMENDMENTS ending September 30, 2005, and for agency of the Federal Government; other purposes; as follows: SA 3630. Mr. DODD (for himself, Mr. (B) the search does not use a specific indi- On page 14, line 19, strike the period and vidual’s personal identifiers to acquire infor- SPECTER, Mr. HARKIN, Mr. LEVIN, Mr. insert the following: ‘‘: Provided further, That mation concerning that individual; and SARBANES, Mr. KENNEDY, Mr. DASCHLE, not later than 90 days after the date of the (C) a department or agency of the Federal Mr. SCHUMER, Mrs. CLINTON, and Mr. enactment of this Act, the Secretary of Government or a non-Federal entity acting REID) proposed an amendment to the Homeland Security shall submit to the Com- on behalf of the Federal Government is con- bill H.R. 4567, making appropriations mittees on Appropriations of the Senate and ducting the query or search or other analysis for the Department of Homeland Secu- the House of Representatives, the Committee to find a pattern indicating terrorist, crimi- rity for the fiscal year ending Sep- on Commerce, Science, and Transportation nal, or other law enforcement related activ- tember 30, 2005, and for other purposes; of the Senate, the Committee on Energy and ity. as follows: Commerce of the House of Representatives, (2) DATABASE.—The term ‘‘database’’ does and the Committee on Transportation and not include telephone directories, informa- On page 21, between lines 20 and 21, insert Infrastructure of the House of Representa- tion publicly available via the Internet or the following: tives, a report on opportunities for inte- available by any other means to any member FIRE DEPARTMENT STAFFING ASSISTANCE grating the process by which the Coast of the public without payment of a fee, or GRANTS Guard issues letters of recommendation for databases of judicial and administrative For necessary expenses for programs au- proposed liquefied natural gas marine termi- opinions. thorized by section 34 of the Federal Fire nals, including the elements of such process (b) REPORTS ON DATA-MINING ACTIVITIES.— Prevention and Control Act of 1974 (15 U.S.C. relating to vessel transit, facility security (1) REQUIREMENT FOR REPORT.—The head of 2229a), to remain available until September assessment and facility security plans under each agency in the Department of Homeland 30, 2006, $100,000,000: Provided, That not to ex- the Maritime Transportation Security Act, Security or the privacy officer, if applicable, ceed 5 percent of this amount shall be avail- and the process by which the Federal Energy that is engaged in any activity to use or de- able for program administration: Provided, Regulatory Commission issues permits for velop data-mining technology shall each sub- further, That the amount appropriated by such terminals under the National Environ- mit a public report to Congress on all such title I under the heading ‘‘OFFICE OF THE mental Policy Act: Provided further, That the activities of the agency under the jurisdic- UNDER SECRETARY FOR MANAGEMENT’’ is report shall include an examination of the tion of that official. hereby reduced by $70,000,000, the amount ap- advisability of requiring that activities of (2) CONTENT OF REPORT.—A report sub- propriated by title IV under the heading ‘‘IN- the Coast Guard relating to vessel transit, mitted under paragraph (1) shall include, for FORMATION ANALYSIS AND INFRASTRUCTURE facility security assessment and facility se- each activity to use or develop data-mining PROTECTION MANAGEMENT AND ADMINISTRA- curity plans under the Maritime Transpor- technology that is required to be covered by TION’’ is hereby reduced by $20,000,000, and tation Security Act be completed for a pro- the report, the following information: the amount appropriated by title IV under posed liquefied natural gas marine terminal (A) A thorough description of the data- the heading ‘‘SCIENCE AND TECHNOLOGY MAN- before a final environmental impact state- mining technology, the plans for the use of AGEMENT AND ADMINISTRATION’’ is hereby re- ment for such terminal is published under such technology, the data that will be used, duced by $10,000,000. the Federal Energy Regulatory Commission and the target dates for the deployment of process.’’. the data-mining technology. SA 3631. Mrs. CLINTON (for herself, (B) An assessment of the likely impact of the implementation of the data-mining tech- Mrs. FEINSTEIN, Mr. DODD, and Mr. SA 3634. Mrs. BOXER submitted an amendment intended to be proposed by nology on privacy and civil liberties. SCHUMER) proposed an amendment to (C) A thorough discussion of the policies, the bill H.R. 4567, making appropria- her to the bill H.R. 4567, making appro- priations for the Department of Home- procedures, and guidelines that are to be de- tions for the Department of Homeland veloped and applied in the use of such tech- Security for the fiscal year ending Sep- land Security for the fiscal year ending nology for data-mining in order to— tember 30, 2005, and for other purposes; September 30, 2005, and for other pur- (i) protect the privacy and due process as follows: poses; as follows: rights of individuals; and (ii) ensure that only accurate information On page 19, line 21, insert ‘‘, which shall be On page 39, between lines 5 and 6, insert is collected and used. allocated based on factors such as threat, the following new section: SEC. 515. Not later than 90 days after the (D) Any necessary classified information in vulnerability, population, population den- date of enactment of this Act, and every 90 an annex that shall be available to the Com- sity, the presence of critical infrastructure, days thereafter, the Secretary of Homeland mittee on Governmental Affairs, the Com- and other factors that the Secretary con- Security shall provide to the Committee on mittee on the Judiciary, and the Committee siders appropriate,’’ after ‘‘grants’’. Commerce, Science, and Transportation and on Appropriations of the Senate and the Mrs. CLINTON (for herself, the Subcommittee on Homeland Security of Committee on Homeland Security, the Com- SA 3632. the Committee on Appropriations of the Sen- mittee on the Judiciary, and the Committee Mr. SCHUMER, Mr. KENNEDY, and Mr. ate, a classified report on the number of indi- on Appropriations of the House of Represent- CORZINE) submitted an amendment in- viduals serving as Federal Air Marshals. atives. tended to be proposed by her to the bill Such report shall include the number of Fed- (3) TIME FOR REPORT.—Each report required H.R. 4567, making appropriations for eral Air Marshals who are women, minori- under paragraph (1) shall be submitted not September 14, 2004 CONGRESSIONAL RECORD — SENATE S9233 later than 90 days after the end of fiscal year cable State filing deadline, for the noninsur- (36 Fed. Reg. 13804), relating to notices of 2005. able commodity under section 196 of the Fed- proposed rulemaking and public participa- eral Agriculture Improvement and Reform tion in rulemaking; and SA 3636. Mr. BAUCUS (for himself, Act of 1996 (7 U.S.C. 7333) for the crop incur- (3) chapter 35 of title 44, United States Mr. BURNS, Mr. CONRAD, Mr. ROBERTS, ring the losses. Code (commonly known as the ‘‘Paperwork Mr. DORGAN, Mr. BROWNBACK, Mr. NEL- (f) CONTRACT WAIVER.—The Secretary may Reduction Act’’). waive subsection (e) with respect to the pro- (c) CONGRESSIONAL REVIEW OF AGENCY SON of Nebraska, Mr. HAGEL, Mr. COLE- ducers on a farm if the producers enter into RULEMAKING.—In carrying out this section, MAN, Mr. DAYTON, Mrs. CLINTON, Mrs. a contract with the Secretary under which the Secretary shall use the authority pro- MURRAY, Ms. STABENOW, Mr. JOHNSON, the producers agree— vided under section 808 of title 5, United Mr. DASCHLE, and Mr. LEVIN) submitted (1) in the case of an insurable commodity, States Code. an amendment intended to be proposed to obtain a policy or plan of insurance under SEC. ll06. EMERGENCY DESIGNATION. by him to the bill H.R. 4567, making ap- the Federal Crop Insurance Act (7 U.S.C. 1501 Amounts appropriated or otherwise made propriations for the Department of et seq.) providing additional coverage for the available in this title are each designated as Homeland Security for the fiscal year insurable commodity for each of the next 2 an emergency requirement pursuant to sec- ending September 30, 2005, and for crops; and tion 402 of S. Con. Res. 95 (108th Congress), as (2) in the case of a noninsurable com- other purposes; as follows: made applicable to the House of Representa- modity, to file the required paperwork and tives by H. Res. 649 (108th Congress) and ap- At the appropriate place, insert the fol- pay the administrative fee by the applicable plicable to the Senate by section 14007 of the lowing: State filing deadline, for the noninsurable Department of Defense Appropriations Act, TITLE ll—EMERGENCY AGRICULTURAL commodity for each of the next 2 crops under 2005 (Public Law 108–287; 118 Stat. 1014). DISASTER ASSISTANCE section 196 of the Federal Agriculture Im- SEC. ll01. CROP DISASTER ASSISTANCE. provement and Reform Act of 1996 (7 U.S.C. SA 3637. Mr. DASCHLE submitted an (a) DEFINITIONS.—In this section: 7333). amendment intended to be proposed by (g) EFFECT OF VIOLATION.—In the event of (1) ADDITIONAL COVERAGE.—The term ‘‘ad- him to the bill H.R. 4567, making ap- ditional coverage’’ has the meaning given the violation of a contract under subsection (f) by a producer, the producer shall reim- propriations for the Department of the term in section 502(b) of the Federal Crop Homeland Security for the fiscal year Insurance Act (7 U.S.C. 1502(b)). burse the Secretary for the full amount of the assistance provided to the producer ending September 30, 2005, and for (2) INSURABLE COMMODITY.—The term ‘‘in- surable commodity’’ means an agricultural under this section. other purposes; which was ordered to commodity (excluding livestock) for which SEC. ll02. LIVESTOCK ASSISTANCE PROGRAM. lie on the table; as follows: the producers on a farm are eligible to ob- (a) IN GENERAL.—The Secretary shall use On page 25, between lines 7 and 8, insert tain a policy or plan of insurance under the such sums as are necessary of funds of the the following: Commodity Credit Corporation to make and Federal Crop Insurance Act (7 U.S.C. 1501 et ASSISTANCE FOR PRAIRIE DOG OVERPOPULATION administer payments for livestock losses to seq.). AND GRASSLAND REVEGETATION producers for 2003 or 2004 losses (as elected (3) NONINSURABLE COMMODITY.—The term For projects and activities of the Nebraska ‘‘noninsurable commodity’’ means an eligi- by a producer), but not both, in a county that has received an emergency designation National Forest relating to the control of ble crop for which the producers on a farm prairie dog overpopulation and development are eligible to obtain assistance under sec- by the President or the Secretary after Jan- uary 1, 2003, of which an amount determined of a long-term strategy for control and re- tion 196 of the Federal Agriculture Improve- vegetation of national grasslands, $2,000,000, ment and Reform Act of 1996 (7 U.S.C. 7333). by the Secretary shall be made available for the American Indian livestock program to be derived by transfer from the Vegeta- (b) EMERGENCY FINANCIAL ASSISTANCE.— tion and Watershed Management Account of Notwithstanding section 508(b)(7) of the Fed- under section 806 of the Agriculture, Rural Development, Food and Drug Administra- the Forest Service and to be available with- eral Crop Insurance Act (7 U.S.C. 1508(b)(7)), out regard to any requirement for a state- the Secretary of Agriculture (referred to in tion, and Related Agencies Appropriations Act, 2001 (Public Law 106–387; 114 Stat. 1549A– ment or analysis: Provided, That the amount this title as the ‘‘Secretary’’) shall use such appropriated under this heading is des- sums as are necessary of funds of the Com- 51). (b) ADMINISTRATION.—The Secretary shall ignated as an emergency requirement pursu- modity Credit Corporation to make emer- ant to section 402 of S. Con. Res. 95 (108th gency financial assistance authorized under make assistance available under this section in the same manner as provided under sec- Congress), as made applicable to the House this section available to producers on a farm of Representatives by H. Res. 649 (108th Con- that have incurred qualifying crop or quality tion 806 of the Agriculture, Rural Develop- ment, Food and Drug Administration, and gress) and applicable to the Senate by sec- losses for the 2003 or 2004 crop (as elected by tion 14007 of the Department of Defense Ap- a producer), but not both, due to damaging Related Agencies Appropriations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–51). propriations Act, 2005 (Public Law 108–287; weather or related condition, as determined 118 Stat. 1014). by the Secretary. (c) MITIGATION.—In determining the eligi- bility for or amount of payments for which a (c) ADMINISTRATION.—The Secretary shall SA 3638. Mr. HATCH (for himself and make assistance available under this section producer is eligible under the livestock as- Mr. LEAHY) submitted an amendment in the same manner as provided under sec- sistance program, the Secretary shall not pe- tion 815 of the Agriculture, Rural Develop- nalize a producer that takes actions (recog- intended to be proposed by him to the ment, Food and Drug Administration, and nizing disaster conditions) that reduce the bill H.R. 4567, making appropriations Related Agencies Appropriations Act, 2001 average number of livestock the producer for the Department of Homeland Secu- (Public Law 106–387; 114 Stat. 1549A–55), in- owned for grazing during the production year rity for the fiscal year ending Sep- for which assistance is being provided. cluding using the same loss thresholds for tember 30, 2005, and for other purposes; ll the quantity and quality losses as were used SEC. 03. TREE ASSISTANCE PROGRAM. as follows: in administering that section. The Secretary shall use such sums as are At the appropriate place, insert the fol- (d) REDUCTION IN PAYMENTS.—The amount necessary of the funds of the Commodity lowing: of assistance that a producer would other- Credit Corporation to provide assistance SEC. ll. None of the funds available in wise receive for a qualifying crop or quality under the tree assistance program estab- this Act shall be available to maintain the loss under this section shall be reduced by lished under subtitle C of title X of the Farm United States Secret Service as anything but the amount of assistance that the producer Security and Rural Investment Act of 2002 to a distinct entity within the Department of receives under the crop loss assistance pro- producers who suffered tree losses during the Homeland Security and shall not be used to gram announced by the Secretary on August winter of 2003 through 2004. merge the United States Secret Service with 27, 2004. SEC. ll04. COMMODITY CREDIT CORPORATION. any other department function, cause any (e) INELIGIBILITY FOR ASSISTANCE.—Except The Secretary shall use the funds, facili- personnel and operational elements of the as provided in subsection (f), the producers ties, and authorities of the Commodity Cred- United States Secret Service to report to an on a farm shall not be eligible for assistance it Corporation to carry out this title. individual other than the Director of the under this section with respect to losses to SEC. ll05. REGULATIONS. United States Secret Service, or cause the an insurable commodity or noninsurable (a) IN GENERAL.—The Secretary may pro- Director to report directly to any individual commodity if the producers on the farm— mulgate such regulations as are necessary to other than the Secretary of Homeland Secu- (1) in the case of an insurable commodity, implement this title. rity. did not obtain a policy or plan of insurance (b) PROCEDURE.—The promulgation of the for the insurable commodity under the Fed- regulations and administration of this title Mr. BINGAMAN (for himself eral Crop Insurance Act (7 U.S.C. 1501 et seq.) shall be made without regard to— SA 3639. for the crop incurring the losses; and (1) the notice and comment provisions of and Mr. DOMENICI) proposed an amend- (2) in the case of a noninsurable com- section 553 of title 5, United States Code; ment to the bill H.R. 4567, making ap- modity, did not file the required paperwork, (2) the Statement of Policy of the Sec- propriations for the Department of and pay the administrative fee by the appli- retary of Agriculture effective July 24, 1971 Homeland Security for the fiscal year S9234 CONGRESSIONAL RECORD — SENATE September 14, 2004 ending September 30, 2005, and for (5) An assessment of the effectiveness of (3) disruption of the blood supply or the other purposes; as follows: other technology that could be employed on compromising of its integrity could have commercial aircraft to address the threat wide-ranging implications on the ability of On page 39, between lines 5 and 6, insert posed by MANPADS, including such tech- the United States to react in a crisis; and the following: nology that is— (4) the need exists to ensure that blood col- SEC. 515. During fiscal year 2005 the Sec- retary of Homeland Security and the Sec- (A) either active or passive; lection facilities maintain adequate inven- retary of Defense shall permit the New Mex- (B) employed by the Armed Forces; or tories to prepare for disasters at all times in ico Army National Guard to continue per- (C) being assessed or employed by other all locations. (b) SENSE OF THE SENATE.—It is the sense forming vehicle and cargo inspection activi- countries. of the Senate that the Department of Home- ties in support of the Bureau of Customs and (6) An assessment of alternate techno- land Security’s Information Analysis and In- Border Protection and the Bureau of Immi- logical approaches to address such threat, in- frastructure Protection should consult with gration and Customs Enforcement under the cluding ground-based systems. the American Red Cross to— authority of the Secretary of Defense to sup- (7) A discussion of issues related to any (1) identify critical assets and interdepend- port counterdrug activities of law enforce- contractor liability associated with the in- encies; ment agencies. stallation or use of technology or systems on commercial aircraft to address such threat. (2) perform vulnerability assessments; and SA 3640. Mrs. BOXER submitted an (8) A description of the strategies that the (3) identify necessary resources to imple- ment protective measures to ensure con- amendment intended to be proposed by Secretary may employ to acquire any tech- nology or systems selected for use on com- tinuity of operations and security of infor- her to the bill H.R. 4567, making appro- mercial aircraft at the conclusion of phase II mation technology systems for blood and priations for the Department of Home- of the counter-MANPADS development and blood products. land Security for the fiscal year ending demonstration program, including— September 30, 2005, and for other pur- (A) a schedule for purchasing and install- SA 3644. Ms. MURKOWSKI (for her- poses; as follows: ing such technology or systems on commer- self, Mr. INOUYE, and Mr. STEVENS) sub- On page 39, between lines 5 and 6, insert cial aircraft; and mitted an amendment intended to be the following new section: (B) a description of— proposed by her to the bill H.R. 4567, SEC. 5 . No funds appropriated or other- (i) the priority in which commercial air- making appropriations for the Depart- wise made available by this Act shall be used craft will be equipped with such technology ment of Homeland Security for the fis- to pursue, implement, or enforce any law, or systems; (ii) any efforts to coordinate the schedules cal year ending September 30, 2005, and procedure, guideline, rule, regulation, or for other purposes; as follows: other policy that exposes the identity of an for installing such technology or system At the appropriate place, insert the fol- air marshal to any party not designated by with private airlines; lowing: the Secretary of the Department of Home- (iii) any efforts to ensure that aircraft land Security. manufacturers integrate such technology or SEC. ll. DISASTER ASSISTANCE EMPLOYEE systems into new aircraft; and CADRES OF EMERGENCY PREPARED- NESS AND RESPONSE DIRECTORATE. SA 3641. Mrs. BOXER (for herself, Mr. (iv) the cost to operate and support such technology or systems on a commercial air- (a) IN GENERAL.—The Secretary of Home- CARPER, and Mrs. CLINTON) proposed an craft. land Security is encouraged to place special amendment to the bill H.R. 4567, mak- (9) A description of the plan to expedite the emphasis on the recruitment of American In- ing appropriations for the Department use of technology or systems on commercial dians, Alaska Natives, and Native Hawaiians of Homeland Security for the fiscal aircraft to address the threat posed by for positions within Disaster Assistance Em- year ending September 30, 2005, and for MANPADS if intelligence or events indicate ployee cadres maintained by the Emergency other purposes; as follows: that the schedule for the use of such tech- Preparedness and Response Directorate. nology or systems, including the schedule for (b) REPORT.—The Secretary of Homeland On page 20, line 14, strike ‘‘rail’’ and insert Security shall report periodically to the Sen- ‘‘inter-city passenger rail transportation (as carrying out development and demonstration programs by the Secretary, should be expe- ate and the House of Representatives with defined in section 24102(5) of title 49, United respect to— States Code), freight rail,’’. dited. (10) A description of the efforts of the Sec- (1) the representation of American Indians, Alaska Natives, and Native Hawaiians in the SA 3642. Mrs. BOXER (for herself and retary to survey and identify the areas at do- mestic and foreign airports where commer- Disaster Assistance Employee cadres; and Mr. SCHUMER) submitted an amend- (2) the efforts of the Secretary of Home- ment intended to be proposed by her to cial aircraft are most vulnerable to attack by MANPADS. land Security to increase the representation the bill H.R. 4567, making appropria- (11) A description of the cooperation be- of such individuals in the cadres. tions for the Department of Homeland tween the Secretary and the Administrator Security for the fiscal year ending Sep- of the Federal Aviation Administration to SA 3645. Mrs. DOLE submitted an tember 30, 2005, and for other purposes; certify the airworthiness and safety of tech- amendment intended to be proposed by as follows: nology and systems to protect commercial her to the bill H.R. 4567, making appro- On page 39, between lines 5 and 6, insert aircraft from the risk posed by MANPADS in priations for the Department of Home- the following new section: an expeditious manner. land Security for the fiscal year ending SEC. 515. (a) The Secretary of Homeland (c) The report required by subsection (a) September 30, 2005, and for other pur- Security, in coordination with the head of shall be transmitted to Congress along with poses; as follows: the budget for fiscal year 2006 submitted by the Transportation Security Administration On page 6, line 2, strike the period and in- the President pursuant to section 1105(a) of and the Under Secretary for Science and sert ‘‘: Provided further, That of the total title 31, United States Code. Technology, shall prepare a report on pro- amount provided, not less than $4,750,000 tecting commercial aircraft from the threat may be for the enforcement of the textile of man-portable air defense systems (referred SA 3643. Mr. ROBERTS submitted an transshipment provisions provided for in to in this section as ‘‘MANPADS’’). amendment intended to be proposed by chapter 5 of title III of the Customs Border (b) The report required by subsection (a) him to the bill H.R. 4567, making ap- Security Act of 2002 (Public Law 107–210; 116 shall include the following: propriations for the Department of Stat. 988 et seq.).’’. (1) An estimate of the number of organiza- Homeland Security for the fiscal year On page 8, line 18, strike the period and in- tions, including terrorist organizations, that ending September 30, 2005, and for sert ‘‘: Provided further, That of the total have access to MANPADS and a description other purposes; as follows: amount provided for, not less than $4,750,000 of the risk posed by each organization. shall be for the enforcement of the textile (2) A description of the programs carried At the appropriate place, insert the fol- transshipment provisions provided for in out by the Secretary of Homeland Security lowing: chapter 5 of title III of the Customs Border to protect commercial aircraft from the SEC. ll. SENSE OF THE SENATE CONCERNING Security Act of 2002 (Public Law 107–210; 116 threat posed by MANPADS. THE AMERICAN RED CROSS AND Stat. 988 et seq.).’’. (3) An assessment of the effectiveness and CRITICAL BIOMEDICAL SYSTEMS. feasibility of the systems to protect com- (a) FINDINGS.—The Senate finds that— SA 3646. Mr. TALENT (for himself mercial aircraft under consideration by the (1) the blood supply is a vital public health and Mr. BOND) submitted an amend- Under Secretary for Science and Technology resource that must be readily available at all ment intended to be proposed by him for use in phase II of the counter-MANPADS times, particularly in response to terrorist to the bill H.R. 4567, making appropria- development and demonstration program. attacks and natural disasters; (4) A justification for the schedule of the (2) the provision of blood is an essential tions for the Department of Homeland implementation of phase II of the counter- part of the critical infrastructure of the Security for the fiscal year ending Sep- MANPADS development and demonstration United States and must be protected from tember 30, 2005, and for other purposes; program. threats of terrorism; as follows: September 14, 2004 CONGRESSIONAL RECORD — SENATE S9235 On page 39, between lines 5 and 6, insert TRANSPORTATION SECURITY Res. 95 (108th Congress), as made applicable the following: ADMINISTRATION to the House of Representatives by H. Res. SEC. 515. It is the sense of the Senate AVIATION SECURITY 649 (108th Congress) and applicable to the Senate by section 14007 of the Department of that— For an additional amount for necessary ex- Defense Appropriations Act, 2005 (Public Law (1) the Director of the Office for State and penses of the Transportation Security Ad- 108–287; 118 Stat. 1014) and shall be available Local Government Coordination and Pre- ministration relating to aviation security for for the purchase of flood-damaged homes paredness be given limited authority to ap- services pursuant to the amendments made in northeastern Indiana. prove requests from the senior official re- by the Aviation and Transportation Security sponsible for emergency preparedness and re- Act (115 Stat. 597), $70,000,000, to remain sponse in each State to reprogram funds ap- available until expended, for activities relat- SA 3651. Mrs. CLINTON (for herself propriated for the State Homeland Security ing to screening passengers and carry-on and Mr. SCHUMER) proposed an amend- Grant Program of the Office for State and baggage for explosives. ment to the bill H.R. 4567, making ap- Local Government Coordination and Pre- UNITED STATES COAST GUARD propriations for the Department of paredness to address specific security re- quirements that are based on credible threat OPERATING EXPENSES Homeland Security for the fiscal year assessments, particularly threats that arise For an additional amount for ‘‘Operating ending September 30, 2005, and for after the State has submitted an application Expenses,’’ $20,000,000, for non-homeland se- other purposes; as follows: describing its intended use of such grant curity missions (as defined in section 888(a) On page 39, between lines 5 and 6, insert funds; of the Homeland Security Act of 2002 (6 the following: (2) for each State, the amount of funds re- U.S.C. 468(a))). SEC. 515. (a) Of any funds previously made programmed under this section should not ACQUISITION, CONSTRUCTION, AND available to the Federal Emergency Manage- exceed 10 percent of the total annual alloca- IMPROVEMENTS ment Agency in response to the September tion for such State under the State Home- For an additional amount for ‘‘Acquisition, 11, 2001, attacks in New York City, not less land Security Grant Program; and Construction, and Improvements,’’ than $4,450,000 shall be provided, subject to (3) before reprogramming funds under this $80,000,000, to remain available until Sep- the request of the Governor of New York, to section, a State official described in para- tember 30, 2009, for the Integrated Deepwater those mental health counseling service enti- graph (1) should consult with relevant local Systems program. ties that have historically provided mental officials. OFFICE OF STATE AND LOCAL GOVERN- health counseling through Project Liberty to MENT COORDINATION AND PREPARED- personnel of the New York City Police De- SA 3647. Ms. STABENOW (for herself, NESS partment, the New York City Fire Depart- Mr. CRAIG, and Mr. LEVIN) submitted ment, and other emergency services agen- STATE AND LOCAL PROGRAMS an amendment intended to be proposed cies, to continue such counseling. by him to the bill H.R. 4567, making ap- For additional amounts for ‘‘State and Local Programs,’’ $225,000,000: Provided, That SA 3652. Mr. NELSON of Florida (for propriations for the Department of of the amounts made available under this himself and Mr. GRAHAM of Florida) Homeland Security for the fiscal year heading, $100,000,000 shall be available for ending September 30, 2005, and for discretionary grants for use in high-threat, proposed an amendment to the bill other purposes; as follows: high-density urban areas as determined by H.R. 4567, making appropriations for the Secretary of Homeland Security, and the Department of Homeland Security On page 21, line 4, insert ‘‘Provided further, $125,000,000 shall be for port security grants. for the fiscal year ending September 30, That funds under this heading may be used to provide a reasonable stipend to part-time MASS TRANSIT AND RAIL SECURITY 2005, and for other purposes; as follows: and volunteer first responders who are not For necessary expenses relating to mass At the appropriate place, insert the fol- otherwise compensated for travel to or par- transit, freight and passenger rail security lowing: ticipation in terrorism response courses ap- grants, including security grants for the Na- TITLE ll—EMERGENCY AGRICULTURAL proved by the Office for Domestic Prepared- tional Railroad Passenger Corporation, a DISASTER ASSISTANCE ness, which stipend shall not be paid if such backup communications facility for the first responder is otherwise compensated by Washington Area Metropolitan Transit Au- SEC. ll. CROP LOSSES. an employer for such time and shall not be thority, security upgrades for various rail In addition to amounts otherwise made considered compensation for purposes of ren- tunnels, research and development of rail se- available under this Act, there is appro- dering such first responder an employee curity methods and technology, capital con- priated $560,000,000, to remain available until under the Fair Labor Standards Act of 1938 struction, and operating requirements, expended, for the Commodity Credit Cor- (29 U.S.C. 201 et seq.):’’ after ‘‘Homeland Se- $75,000,000. poration Fund for crop losses in excess of 25 curity:’’. SEC. ll. PROHIBITION ON ACQUISITION OF PE- percent of the expected production of a crop TROLEUM PRODUCTS FOR STRA- (including nursery stock, citrus, dairy, tim- SA 3648. Mr. SHELBY submitted an TEGIC PETROLEUM RESERVE. ber, vegetables, tropical fruit, clams and other shellfish, tropical fish, poultry, sugar, amendment intended to be proposed by (a) FUNDING PROHIBITION.—None of the funds made available by this Act or any hay, equines, wildflower seed, sod, and hon- him to the bill H.R. 4567, making ap- other Act may be used during fiscal year 2005 eybees and losses sustained by packing propriations for the Department of to acquire petroleum products for storage in houses) in the State of Florida resulting Homeland Security for the fiscal year the Strategic Petroleum Reserve. from Hurricane Charley or Frances: Provided, ending September 30, 2005, and for (b) AMOUNTS OF OIL CURRENTLY UNDER CON- That any producer of crops and livestock in other purposes; as follows: TRACT FOR DELIVERY.—The Secretary of the the State of Florida that has suffered at Interior shall sell, in fiscal year 2005, any pe- least 25 percent loss to a crop covered by this On page 16, line 4, before the period at the troleum products under contract, as of the section, 25 percent loss to livestock, and end, insert the following: ‘‘: Provided, further, date of enactment of this Act, for delivery to damage to building structure in 2004, result- That the budget for fiscal year 2006 that is the Strategic Petroleum Reserve in that fis- ing from Hurricane Charley or Frances, shall submitted under section 1105(a) of title 31, cal year. be eligible for emergency crop loss assist- United States Code, may include an amount ance, emergency livestock feed assistance for the Coast Guard that is sufficient to fund SA 3650. Mr. BAYH (for himself and under the Emergency Livestock Feed Assist- delivery of a long-term maritime patrol air- Mr. LUGAR) submitted an amendment ance Act of 1988 (7 U.S.C. 1471 et seq.), and craft capability that is consistent with the loans and loan guarantees under subtitle C of original procurement plan for the CN–235 air- intended to be proposed by him to the bill H.R. 4567, making appropriations the Consolidated Farm and Rural Develop- craft beyond the three aircraft already fund- ment Act (7 U.S.C. 1961 et seq.). ed in previous fiscal years’’. for the Department of Homeland Secu- rity for the fiscal year ending Sep- SEC. ll. WATERSHED AND FLOOD PREVENTION OPERATIONS. tember 30, 2005, and for other purposes; SA 3649. Mr. BYRD (for himself, Mr. In addition to amounts otherwise made LEVIN, Mr. BINGAMAN, and Mr. FEIN- which was ordered to lie on the table; available under this Act, there is appro- GOLD) proposed an amendment to the as follows: priated $30,000,000, to remain available until bill H.R. 4567, making appropriations At the end, add the following: expended, for the emergency watershed pro- for the Department of Homeland Secu- SEC. ll. The total amount appropriated tection program established under section rity for the fiscal year ending Sep- by title II for the Pre-Disaster Mitigation 403 of the Agricultural Credit Act of 1978 (16 tember 30, 2005, and for other purposes; Fund under the heading ‘‘MITIGATION U.S.C. 2203) and related watershed and flood GRANTS’’ is hereby increased by $10,654,000. Of prevention operations, an additional amount as follows: such total amount, as so increased, to repair damage to the waterways and wa- At the appropriate place, insert the fol- $10,654,000 is designated as an emergency re- tersheds in the State of Florida resulting lowing: quirement pursuant to section 402 of S. Con. from Hurricane Charley or Frances. S9236 CONGRESSIONAL RECORD — SENATE September 14, 2004 SEC. ll. EMERGENCY CONSERVATION PRO- and $2,000,000 for tracking trucks carrying the bill H.R. 4567, making appropria- GRAM. hazardous material’’. tions for the Department of Homeland In addition to amounts otherwise made Security for the fiscal year ending Sep- available under this Act, there is appro- SA 3654. Mr. JEFFORDS submitted tember 30, 2005, and for other purposes; priated $60,000,000, to remain available until an amendment intended to be proposed as follows: expended, for the emergency conservation by him to the bill H.R. 4567, making ap- program established under title IV of the Ag- propriations for the Department of At the appropriate place, insert the fol- ricultural Credit Act of 1978 (16 U.S.C. 2201 et Homeland Security for the fiscal year lowing: seq.), an additional amount to repair damage SEC. —. to farmland (including nurseries and struc- ending September 30, 2005, and for other purposes; which was ordered to Section 208(a) of Public Law 108–137; 117 tures) in the State of Florida resulting from Stat. 1849 is amended by striking ‘‘current’’ Hurricane Charley or Frances. lie on the table; as follows: and inserting ‘‘2005’’. SEC. ll. AGRICULTURAL CREDIT INSURANCE In section 515 (a) insert ‘‘and the Com- FUND PROGRAM ACCOUNT. mittee on Environment and Public Works of SA 3659. Mr. COCHRAN (for Mr. TAL- In addition to amounts otherwise made the Senate’’ after ‘‘Governmental Affairs’’. ENT) proposed an amendment to the available under this Act, there is appro- bill H.R. 4567, making appropriations priated $25,000,000, to remain available until SA 3655. Mr. SCHUMER submitted an expended, for the Agricultural Credit Insur- amendment intended to be proposed by for the Department of Homeland Secu- ance Fund program account for the cost of him to the bill H.R. 4567, making ap- rity for the fiscal year ending Sep- emergency insured loans for costs in the propriations for the Department of tember 30, 2005, and for other purposes; State of Florida resulting from Hurricane Homeland Security for the fiscal year as follows: Charley or Frances. ending September 30, 2005, and for At the appropriate place, insert the fol- SEC. ll. EMERGENCY GRANTS TO ASSIST LOW- lowing: INCOME MIGRANT AND SEASONAL other purposes; as follows: SEC. ll. LIAISON FOR DISASTER EMERGENCIES. FARMWORKERS. On page 7, line 16, strike ‘‘$2,413,438,000,’’ In addition to amounts otherwise made and insert the following: ‘‘$2,763,438,000, of (a) DEPLOYMENT OF DISASTER LIAISON.—If available under this Act, there is appro- which $200,000,000 shall be reserved for the requested by the Governor or the appropriate priated $10,000,000, to remain available until International Civil Aviation Organization to State agency of the affected State, the Sec- expended, for emergency grants to assist establish biometric and document identifica- retary of Agriculture may deploy disaster li- low-income migrant and seasonal farm- tion standards to measure multiple immu- aisons to State and local Department of Ag- workers under section 2281 of the Food, Agri- table physical characteristics, including fin- riculture Service Centers in a federally de- culture, Conservation, and Trade Act of 1990 gerprints, eye retinas, and eye-to-eye width clared disaster area whenever Federal Emer- (42 U.S.C. 5177a): Provided, That the emer- and for the Department of Homeland Secu- gency Management Agency Personnel are de- gency services to be provided may include rity to place multiple biometric identifiers ployed in that area, to coordinate Depart- such types of assistance as the Secretary of at each point of entry; of which $50,000,000 ment programs with the appropriate disaster Agriculture determines to be necessary and shall be reserved for a program that requires agencies designated under the Robert T. appropriate (including repair of existing the government of each country partici- Stafford Disaster Relief and Emergency As- farmworker housing and construction of new pating in the visa waiver program to certify sistance Act (42 U.S.C. 5121 et seq.). farmworker housing units, including housing that such country will comply with the bio- (b) QUALIFICATIONS.—A disaster liaison that may be used by H-2A workers) to re- metric standards established by the Inter- shall be selected from among Department place housing damaged as a result of Hurri- national Civil Aviation Organization; of employees who have experience providing cane Charley or Frances. which $25,000,000 shall be reserved for the emergency disaster relief in federally de- clared disaster areas. SEC. ll. RURAL HOUSING FOR DOMESTIC FARM entry and exit data systems of the Depart- UTIES LABOR. ment of Homeland Security to accommodate (c) D .—A disaster liaison shall— (1) serve as a liaison to State and Federal In addition to amounts otherwise made traffic flow increases; of which $50,000,000 Emergency Services; available under this Act, there is appro- shall be reserved to integrate the entry and (2) be deployed to a federally declared dis- priated $10,000,000, to remain available until exit data collection and analysis systems of aster area to coordinate Department inter- expended, for rural housing for domestic the Department of Homeland Security, the agency programs in assistance to agricul- farm labor for the cost of repair and replace- Department of State, and the Department of tural producers in the declared disaster area; ment of uninsured losses resulting from nat- Justice, including the Federal Bureau of In- (3) facilitate the claims and applications of ural disasters such as Hurricanes Charley vestigation; of which $25,000,000 shall be re- agricultural producers who are victims of and Frances. served to establish a uniform translation and transliteration service for all ports of entry the disaster that are forwarded to the De- SEC. ll. STATE AND PRIVATE FORESTRY. partment by the appropriate State Depart- In addition to amounts otherwise made to identify the names of individuals entering and exiting the United States;’’. ment of Agriculture agency director; and available under this Act, there is appro- (4) coordinate with the Director of the priated $5,000,000, to remain available until Mr. SCHUMER (for himself, State office of the appropriate Department expended, of which $2,500,000 shall be made SA 3656. Mr. SARBANES, Mr. REED, Mrs. CLINTON, agency to assist with the application for and available for urban and community forestry distribution of economic assistance. and of which $2,500,000 shall be made avail- and Mr. KENNEDY) proposed an amend- ment to the bill H.R. 4567, making ap- (d) DURATION OF DEPLOYMENT.—The deploy- able for wildland-urban interface fire sup- ment of a disaster liaison under subsection pression efforts resulting from fuel loading propriations for the Department of (a) may not exceed 30 days. from damaged or destroyed tree stands in Homeland Security for the fiscal year (e) DEFINITION.—In this section, the term the State of Florida resulting from Hurri- ending September 30, 2005, and for ‘‘federally declared disaster area’’ means— cane Charley or Frances. other purposes; as follows: (1) an area covered by a Presidential dec- SEC. ll. EMERGENCY DESIGNATION. On page 20, line 7, strike ‘‘$1,200,000,000’’ laration of major disaster, including a dis- The amounts appropriated in this title are and insert ‘‘$1,550,000,000’’. aster caused by a wildfire, issued under sec- designated as an emergency requirement On page 20, line 13, strike ‘‘$150,000,000’’ and tion 301 of the Robert T. Stafford Disaster pursuant to section 402 of S. Con. Res. 95 insert ‘‘$500,000,000’’. Relief and Emergency Assistance Act (42 (108th Congress), as made applicable to the U.S.C. 5170); or House of Representatives by H. Res. 649 SA 3657. Mr. COCHRAN (for Mr. DUR- (2) determined to be a disaster area, includ- (108th Congress) and applicable to the Senate BIN (for himself and Mr. AKAKA)) pro- ing a disaster caused by a wildfire, by the by section 14007 of the Department of De- posed an amendment to the bill H.R. Secretary under subpart A of part 1945 of fense Appropriations Act, 2005 (Public Law 4567, making appropriations for the De- title 7, Code of Federal Regulations. 108–287; 118 Stat. 1014). partment of Homeland Security for the f fiscal year ending September 30, 2005, SA 3653. Mr. REID submitted an AUTHORITY FOR COMMITTEES TO and for other purposes; as follows: amendment intended to be proposed by MEET him to the bill H.R. 4567, making ap- On page 39, between lines 5 and 6, insert propriations for the Department of the following: COMMITTEE ON FINANCE SEC. 515. Sections 702 and 703 of the Home- Mr. COCHRAN. Mr. President, I ask Homeland Security for the fiscal year land Security Act of 2002 (6 U.S.C. 342 and ending September 30, 2005, and for unanimous consent that the Com- 343) are amended by striking ‘‘, or to another mittee on Finance be authorized to other purposes; as follows: official of the Department, as the Secretary On page 12, line 23, insert before the last may direct’’ each place it appears. meet during the session on Tuesday, period ‘‘: Provided, That not to exceed September 14, 2004, at 10 a.m., to hear $53,000,000 may be provided for transpor- SA 3658. Mr. COCHRAN (for Mr. testimony on ‘‘Implementing the Medi- tation worker identification credentialing DOMENICI) proposed an amendment to care Prescription Drug Benefit and September 14, 2004 CONGRESSIONAL RECORD — SENATE S9237 Medicare Advantage Program: Perspec- Committee on Intelligence be author- wilderness areas, promote conserva- tives on the Proposed Rules.’’ ized to meet during the session of the tion, improve public land, and provide The PRESIDING OFFICER. Without Senate on September 14, 2004 at 10 a.m. for the high quality development in objection, it is so ordered. to hold a hearing on the nomination of Lincoln County, NV, and for other pur- COMMITTEE ON THE JUDICIARY Porter J. Gross to be Director of Cen- poses; S. 2723, to designate certain land Mr. COCHRAN. Mr. President, I ask tral Intelligence. in the State of Oregon as wilderness, unanimous consent that the Com- The PRESIDING OFFICER. Without and for other purposes; and S. 2709, to mittee on the Judiciary be authorized objection, it is so ordered. provide for the reforestation of appro- to meet to continue its markup on SPECIAL COMMITTEE ON AGING priate forest cover on forest land de- Tuesday, September 14, 2004 at 10 a.m. Mr. COCHRAN. Mr. President, I ask rived from the public domain, and for in Dirksen Senate Office Building unanimous consent that the Special other purposes. Room 226. Committee on Aging be authorized to The PRESIDING OFFICER. Without Agenda meet Tuesday, September 14, 2004 from objection, it is so ordered. 10:00 a.m. to 12:00 p.m. in Dirksen 628 f I. Nominations for the purpose of conducting a hear- PRIVILEGE OF THE FLOOR Claude A. Allen, to be U.S. Circuit ing. Judge for the Fourth Circuit; David E. The PRESIDING OFFICER. Without Mr. SCHUMER. Mr. President, I ask Nahmias, of Georgia, to be United objection, it is so ordered. unanimous consent my new Judiciary States Attorney for the Northern Dis- SUBCOMMITTEE ON ANTITRUST, COMPETITION staffer, Joshua Levy, be given floor trict of Georgia; Ricardo H. Hinojosa, POLICY, AND CONSUMER RIGHTS privileges during the duration of this to be Chair of the United States Sen- Mr. COCHRAN. Mr. President, I ask session of Congress. tencing Commission; Michael O’Neill, unanimous consent that the Com- The PRESIDING OFFICER. Without to be a Member of the United States mittee on the Judiciary, Sub- objection, it is so ordered. Sentencing Commission; Ruben committee on Antitrust, Competition f Policy and Consumer Rights be author- Castillo, to be a Member of the United UNANIMOUS CONSENT ized to meet on Tuesday, September 14, States Sentencing Commission; Wil- AGREEMENT—S. 2674 liam Sanchez, to be Special Counsel for 2004 to conduct a hearing on ‘‘Hospital Immigration-Related Unfair Employ- Group Purchasing: How To Maintain Mr. FRIST. Mr. President, I ask ment Practice; Richard B. Roper III, of Innovation and Cost Savings’’, at 2:00 unanimous consent that at 9:45 a.m. on Texas, to be United States Attorney p.m. in Room 226 of the Dirksen Senate Wednesday, September 15, the Senate for the Northern District of Texas for Office Building. proceed to the consideration of Cal- the term of four years. ender No. 674, S. 2674, the military con- Witness List: struction appropriations bill; that the II. Legislation Dr. Robert Betz, President and CEO, two managers’ amendments at the desk S. 1635, L–1 Visa (Intracompany Health Industry Group Purchasing As- be agreed to and no other amendments Transferee) Reform Act of 2003, sociation, Arlington, VA. be in order. I further ask unanimous Chambliss; Joe E. Kiani, President and CEP, consent that there be 1 hour of debate S. 1700, Advancing Justice through Masimo Corporation, Irvine, CA. equally divided and at the conclusion DNA Technology Act of 2003, Hatch, David Balto, Robins, Kaplan, Miller or yielding back of the time the bill, as Biden, Specter, Leahy, DeWine, Fein- & Ciresi, LLP, Washington, DC. amended, be read the third time and re- stein, Kennedy, Schumer, Durbin, The PRESIDING OFFICER. Without turned to the Senate Calendar. Kohl, Edwards; objection, it is so ordered. I further ask unanimous consent that S. 2396, Federal Courts Improvement SUBCOMMITTEE ON OCEANS, FISHERIES, AND the Senate then proceed to Calender Act of 2004, Hatch, Leahy, Chambliss, COAST GUARD No. 690, H.R. 4837, the House-passed Durbin, Schumer; Mr. COCHRAN. Mr. President, I ask military construction bill; that all H.R. 1417, To amend title 17, United unanimous consent that Subcommittee after the enacting clause be stricken States Code, to replace copyright arbi- on Oceans, Fisheries and Coast Guard and the text of S. 2674, as amended, be tration royalty panels with Copyright be authorized to meet on Tuesday, Sep- inserted in lieu thereof; that the bill be Royalty Judges Act of 2003, Smith–TX, tember 14, 2004, at 8:30 a.m. on Magnu- read the third time and the Senate pro- Berman–CA, Conyers–MI; son/Stevens Act. ceed to a vote on H.R. 4837 at a time to S. 2204, A bill to provide criminal The PRESIDING OFFICER. Without be determined by the majority leader penalties for false information and objection, it is so ordered. in consultation with the Democratic hoaxes relating to terrorism Act of SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT leader, all without intervening action 2004, Hatch, Schumer, Cornyn, Fein- MANAGEMENT, THE FEDERAL WORKFORCE AND or debate. stein, DeWine; THE DISTRICT OF COLUMBIA I further ask unanimous consent that S. 1860, A bill to reauthorize the Of- Mr. COCHRAN. Mr. President, I ask upon passage of the bill, the Senate in- fice of National Drug Control Policy unanimous consent that the Com- sist on its amendment, as amended, re- Act of 2003, Hatch, Biden, Grassley; mittee on Governmental Affairs Sub- quest a conference with the House, and S. 2195, A bill to amend the Con- committee on Oversight of Government the Chair be authorized to appoint con- trolled Substances Act to clarify the Management, the Federal Workforce ferees on the part of the Senate. definition of anabolic steroids and to and the District of Columbia, be au- The PRESIDING OFFICER. Without provide for research and education ac- thorized to meet on Tuesday, Sep- objection, it is so ordered. tivities relating to steroids and steroid tember 14, 2004 at 9:30 a.m. for a hear- f precursors Act of 2004, Biden, Hatch, ing entitled, ‘‘The 9/11 Commission Grassley, Feinstein; Human Capital Recommendations: A ORDER TO REQUEST RETURN OF S.J. Res. 23, A joint resolution pro- Critical Element of Reform.’’ PAPERS—S. 2261 posing an amendment to the Constitu- The PRESIDING OFFICER. Without Mr. FRIST. Mr. President, I ask tion of the United States providing for objection, it is so ordered. unanimous consent that the Senate re- the event that one-fourth of the mem- SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS quest the House to return the papers bers of either the House of Representa- Mr. COCHRAN. Mr. President, I ask with respect to S. 2261. tives or the Senate are killed or inca- unanimous consent that the Sub- The PRESIDING OFFICER. Without pacitated Act of 2003, Cornyn, committee on Public Land and Forests objection, it is so ordered. Chambliss. of the Committee on Energy and Nat- f The PRESIDING OFFICER. Without ural Resources be authorized to meet objection, it is so ordered. during the session of the Senate on HONORING FORMER PRESIDENT SELECT COMMITTEE ON INTELLIGENCE Tuesday, September 14 at 2:30 p.m. WILLIAM JEFFERSON CLINTON Mr. COCHRAN. Mr. President, I ask The purpose of the hearing is to re- Mr. FRIST. Mr. President, I ask unanimous consent that the Select ceive testimony on S. 2532, to establish unanimous consent that the Senate S9238 CONGRESSIONAL RECORD — SENATE September 14, 2004 proceed to the immediate consider- rope in 1992 until the United States fi- But legislation of any kind becomes a ation of S. Res. 425 submitted earlier nally acted in the late summer of 1995. permanent record of the work of the today by Senators DASCHLE, REID, and The majority of those deaths, I must United States Congress. This language, others. remind my colleagues, occurred during when stating historical fact, contrib- The PRESIDING OFFICER. The the first three years of the Clinton utes to the interpretation of history. I clerk will report the resolution by Presidency. am a proud member of the council of title. From the outbreak of the wars of the Holocaust Museum and I am proud The legislative clerk read as follows: Yugoslavia in 1992, I came to this floor to support the mission of that revered A resolution (S. Res. 425) honoring former advocating a policy of ‘‘lift and institution, which could simply be President William Jefferson Clinton on the strike’’: lift the international arms em- stated that the truth of genocide occasion of his 58th birthday. bargo imposed on Yugoslavia and should always be stated. To allow the There being no objection, the Senate strike, with air power, the Yugoslavian clause I have just read from this other- proceeded to consider the resolution. army under the control of the mass wise harmless birthday resolution to f murderers Slobodan Milosevic, become a statement of historical fact Radovan Karadzic and Ratko Mladic. I is a whitewash of history, something a THE BIRTHDAY OF FORMER was joined on the Senate floor by my democratic body should never do. PRESIDENT CLINTON colleagues JOE BIDEN, JOE LIEBERMAN But worse, it is a calumny, a grave Mr. HATCH. Mr. President, like and Bob Dole and many other Members dishonor, on the memories of 200,000 ci- many Americans, I was concerned to of this body. The first Bush adminis- vilians of southeastern Europe, people learn that former President Bill Clin- tration ignored us and left office short- who died in a genocidal war in Europe ton was suffering serious heart disease ly after the wars began. President Clin- less than 50 years after the Holocaust, and had to be hospitalized for heart by- ton, who ran on a campaign platform civilian men and women and children pass surgery. Like many Americans, I supporting ‘‘lift and strike,’’ reversed who died while the international com- was relieved to learn that his surgery his position upon entering office and munity failed, the U.N. failed and two had gone well, and that the former assumed a policy consistent, it ap- administrations, including President President is recuperating in his home pears, with current Democratic foreign Clinton’s administration, for almost 3 in New York. The former President is policy thinking, that deferred to the years, waited for a power to act like known for his energy, and I hope that international community. only the United States can. he will have a speedy recovery and will We can recall the effectiveness of the Mr. FRIST. Mr. President, I ask return to full health soon. I offer my United Nations in Bosnia, when we unanimous consent that the resolution best regards to him and his family, in- think of blue-helmeted U.N. forces re- and the preamble be agreed to en bloc, cluding our distinguished colleague, maining by the sidelines as Serb forces the motion to reconsider be laid upon Senator CLINTON. captured Srebrenica in the summer of the table, and that any statements re- Inspired, no doubt, by this concern, 1995, and herded thousands of unarmed lating thereto be printed in the our Democratic colleagues have joined men and boys—boys—to their slaugh- RECORD. in sponsoring a resolution to honor the ter in mass graves. The PRESIDING OFFICER. Without former President on his 58th birthday. That summer, a summer that began objection, it is so ordered. I wish to join them in wishing former with Serb militaries surrounding the The resolution (S. Res. 425) was President Clinton greetings on his 58th eastern enclaves of Bosnia and the agreed to. birthday, and I wish him many more. Clinton administration refusing to lift The preamble was agreed to. Unfortunately, there is language in the arms embargo preventing the The resolution, with its preamble, this resolution that is incorrect, at Bosnians from defending themselves, reads as follows: least because it is historically inac- while Bosnian Prime Minister Siladzic S. RES. 425 curate, and at most because it seri- came to Washington and begged not to Whereas former President William Jeffer- ously distorts the historical record and leave his people to die unarmed, the son Clinton was born in Hope, Arkansas, on Dole-Lieberman-Hatch resolution lift- August 19, 1946; defames the memory of 200,000 victims Whereas William Jefferson Clinton at- of genocide in southeastern Europe. ing the arms embargo passed by 69 tended Georgetown University as an under- There is a bizarre clause in this oth- votes. This veto-proof measure, along graduate and received a Rhodes Scholarship erwise laudable attempt to give the with the photos of the horrors of in 1968; President a legislative birthday card Srebrenica on the front page of The Whereas William Jefferson Clinton re- that states: Washington Post—one horrid photo ceived a law degree from Yale University in showed a woman hanging herself in de- 1973; Whereas William Jefferson Clinton rallied Whereas William Jefferson Clinton estab- the members of the North Atlantic Treaty spair—caused the Clinton administra- lished a record of public service as Attorney Organization to put an end to ethnic cleans- tion to relent. General of Arkansas, Governor of Arkansas, ing in the Balkans and to depose the mur- When Bill Clinton acted, in late 1995, and Chairman of the National Governors As- derous regime of Slobodan Milosevic, actions he saw that, when the United States sociation; which eventually led to the signing of the leads, the international community Whereas William Jefferson Clinton cam- Dayton Peace Accords . . . . will follow. When he acted again, in paigned for and won the Democratic nomina- I know that, in the hurried pace of 1999, to stop Milosevic’s campaign in tion for President in 1992; work around here, particularly in this Kosovo—a campaign we knew would Whereas William Jefferson Clinton was type of political season, a certain slop- elected the 42d President of the United happen when Milosevic was not re- States in 1992 and was reelected for a second piness can find its way into legislative moved from power in 1995—the inter- term in 1996; language. But this statement, as I have national community followed. In both Whereas during William Jefferson Clin- said, is incorrect and offensive. cases, I supported the President, as did ton’s time in office the United States experi- It is incorrect because, as anyone a number of Republican Members in enced 8 years of economic expansion, job who knows the history will confirm— this body. He acted too late for hun- growth, and the transformation of a budget and I was here in the Senate through- deficit into a budget surplus; dreds of thousands, but he finally Whereas William Jefferson Clinton rallied out the bloody wars of southeast Eu- acted. It will be left to the historians, the members of the North Atlantic Treaty rope in the 1990s—the removal of along with the members of that admin- Organization to put an end to ethnic cleans- Slobodan Milosevic from power oc- istration, to ponder and justify and ex- ing in the Balkans and to depose the mur- curred in 2000, almost 5 years after the plain why there was value in waiting derous regime of Slobodan Milosevic, actions Dayton Peace Accords were signed in while genocide raged across south- which eventually led to the signing of the the autumn of 1995. That’s why the eastern Europe. Dayton Peace Accords; statement is inaccurate. A birthday gesture to a former Presi- Whereas William Jefferson Clinton played The statement is offensive because dent is not the place for this debate, a major role in the Good Friday Peace Ac- cords which finally brought peace to war- almost 200,000 innocent civilians died and I certainly would not speak here torn Northern Ireland; and as victims of ethnic cleansing from the were it not for this ill-conceived lan- Whereas, in the words of President George outbreak of the wars of southeast Eu- guage that appears in this resolution. W. Bush, William Jefferson Clinton ‘showed September 14, 2004 CONGRESSIONAL RECORD — SENATE S9239 a deep and far-ranging knowledge of public duced, the Small Business Administra- continue to assist small businesses dur- policy, a great compassion for people in tion 50th Anniversary Reauthorization ing the remainder of this Fiscal Year. need, and the forward-looking spirit the Act of 2003, to authorize the entire SBA (At the request of Mr. DASCHLE, the Americans like in a President’: Now, there- for a three-year period. However, we following statement was ordered to be fore, be it have been unable to reauthorize the printed in the RECORD.) Resolved, That the Senate honors former ∑ President William Jefferson Clinton on the SBA because the other body has been Mr. KERRY. Mr. President, today I occasion of his 58th birthday on August 19, stalled in its consideration of SBA au- join Chair SNOWE in supporting legisla- 2004, and extends best wishes to him and his thorization legislation. According to tion to keep the Small Business Ad- family. the SBA, reauthorizing the agency will ministration and its financing and f result in an estimated 3.3 million jobs counseling assistance available to created or retained over the next 5 small businesses. This bill temporarily EXTENSION OF SMALL BUSINESS authorizes the SBA and most of its pro- ADMINISTRATION PROGRAMS years, with the SBA and its programs predicted to support over 1 million ad- grams through September 30, 2004. In Mr. FRIST. Mr. President, I ask ditional jobs over that same period addition to the temporary extension, unanimous consent that the Senate through prime contracts and sub- this bill includes a provision necessary now proceed to the consideration of contracts. to bring the administration into com- H.R. 5008, which is at the desk. In the absence of a full reauthoriza- pliance with a January 2003 rec- The PRESIDING OFFICER. The tion of the Agency, which I am still ommendation by the SBA’s Inspector clerk will report the bill by title. working to bring about, it is vital that General. This change will save the SBA The legislative clerk read as follows: we extend those programs that can pro- hundreds of thousands of dollars by al- A bill (H.R. 5008) to provide an additional vide current assistance to small busi- lowing the agency’s fiscal and transfer temporary extension of programs under the nesses. The bill before us, H.R. 5008, agent for the 7(a) loan program’s sec- Small Business Act, and the Small Business would renew the authorization for sev- ondary market program to keep the in- Investment Act of 1958 through September eral SBA programs, including the Pre- terest earned on fees lenders pay before 30, 2004, and for other purposes. ferred Surety Bond Program. This pro- they are remitted to the Government. There being no objection, the Senate gram provides an essential service to Currently, the SBA does not have that proceeded to consider the bill. small businesses by guaranteeing sur- authority. The committee wants the Ms. SNOWE. Mr. President, I rise ety bonds for small business contracts, program to continue running smoothly today to address H.R. 5008, a bill to pro- thereby permitting small businesses to and successfully, and we think this vide a temporary extension of pro- undertake thousands of projects which change should accomplish this. grams under the Small Business Act would otherwise be out of reach. Six SBA programs were halted after and the Small Business Investment Act H.R. 5008 would also specify the man- S. 2700, a similar bill sponsored by Sen- of 1958, and to enhance the operations ner in which the SBA may compensate ate Small Business and Entrepreneur- of the Small Business Administration. its Fiscal and Transfer Agent. This ship Committee Chair OLYMPIA SNOWE The bill before us would extend until agent administers payments and fee and myself, passed the Senate on July September 30, 2004, SBA programs that collection in the SBA’s loan programs 20 but did not pass the House prior to have expired. In addition, it would pro- and in the secondary market for those the August recess. The six programs re- vide clarification as to the SBA’s loans. This legislative change, re- instated by H.R. 5008 are: the Women’s method of reimbursing its Fiscal and quested by the administration in its Business Center Sustainability pro- Transfer Agent, which assists in the budget submission to Congress for Fis- gram, the Small Disadvantaged Busi- operation of the SBA’s vital loan pro- cal Year 2005, would provide guidance ness, SDB, program, the Preferred Sur- grams. as to the SBA’s method of compen- ety Bond, PSB, Guarantee program, In July 2004 I introduced S. 2700, a sating its agent. the Small Business Development Cen- bill that extended these same SBA pro- Additionally, this legislation will ter, SBDC, Drug-Free Workplace As- grams and also provided this clarifica- preserve the operations of existing sistance Grants program, the Very tion regarding the Fiscal and Transfer Women’s Business Center that cur- Small Business Concerns program, and Agent. The Senate unanimously ap- rently serve women entrepreneurs in the SBA’s co-sponsorship authority. proved S. 2700 on July 20, but unfortu- almost every State and territory. With passage of this bill, the com- nately the other body failed to pass Today, more than 10.6 million women- mittee expects the SBA to move for- that bill, leaving many critical small owned small businesses are helping to ward on grants for all its programs and business assistance programs unau- fuel our economic recovery: they em- certification for minority businesses, thorized. Today, we have another op- ploy over 19 million Americans and and any other activities it has been de- portunity to renew these programs and contribute $2.46 trillion in revenues. In laying. to provide this legislative improve- my home State of Maine, there are And while I am pleased that this bill ment, and we should not miss the more than 63,000 women-owned firms, will extend all of SBA’s programs and chance. generating more than $9 billion in pilot programs, I am disappointed that Since 1953, nearly 20 million small sales. Numbers like these speak for the dire and urgent needs of the wom- business owners have received direct or themselves, and are clear evidence of en’s business center program have yet indirect help from one of the SBA’s the success of the Women’s Business to be fully addressed. Given the abys- lending or technical assistance pro- Centers Program. mal job creation record of this admin- grams, making the agency one of the Moreover, according to research, be- istration, we must aggressively seek Government’s most cost-effective in- tween 2001 and 2003, women’s business and support innovative ways to create struments for economic development. center clients reported starting over jobs, and the women’s business center The SBA’s current loan portfolio of 6,600 new firms and creating more than program has a proven track record of more than 175,000 loans, worth more 12,000 new jobs. doing just that. Last year alone, the than $45 billion, makes it the largest Mr. President, without this legisla- women’s business center network single supporter of small businesses in tion, many of the Centers may be in helped over 100,000 female entre- the country. jeopardy of closing their doors. This preneurs grow their businesses, employ According to the SBA, the $65.5 bil- would be a significant loss, given that more people, and expand economic op- lion awarded to small businesses in some of these Centers have proven to portunity. Federal prime and subcontracts in FY be powerful engines of economic devel- A study recently released by the Na- 2003 allowed small businesses to create opment in communities across the Na- tional Women’s Business Council shows or retain close to 500,000 jobs. Over the tion. that over the past 2 years, while fund- last five years the SBA’s programs and As we work toward the larger goal of ing for the women’s business center services have helped create and retain a full reauthorization of the SBA, I program has remained essentially flat, over 6.2 million jobs. urge my colleagues to support the en- the number of clients served increased The Senate agreed unanimously in actment of H.R. 5008. This legislation by 91 percent and the number of new September 2003 to pass a bill I intro- would allow essential SBA programs to businesses started went up 376 percent. S9240 CONGRESSIONAL RECORD — SENATE September 14, 2004 The study also found that the busi- the sustainability program, I am hope- PROGRAM nesses counseled by women’s business ful that my colleagues in Congress will centers had an economic impact of $500 soon come together to fix this problem Mr. FRIST. Mr. President, it is a lit- million in gross receipts, $51.4 million and secure the women’s business center tle after 11:15 tonight. We have had a in profit, and created 12,719 new jobs. network once and for all. very long day, a long evening, but a With these numbers, it is clear that the I thank my colleagues for their sup- very productive day and evening in women’s business center program is a port of small businesses and for consid- that we have completed the homeland wise investment that will continue to ering immediate passage of this impor- appropriations bill with a unanimous pay dividends to women in business, tant small business bill.∑ vote of 93 to 0. I thank all Members for the Government and our national econ- Mr. FRIST. Mr. President, I ask their patience and for their willingness omy well into the future. unanimous consent that the bill be to continue late into the night to wrap As many of my colleagues know, read the third time and passed, the mo- up our work on the bill. there are currently 87 women’s busi- tion to reconsider be laid upon the table, and that any statements relating We will resume business tomorrow ness centers. Of these, 35 are in the ini- morning and consider another appro- tial grant program and 53 have grad- to the bill be printed in the RECORD. The PRESIDING OFFICER. Without priations measure. I will update all uated to the sustainability part of the objection, it is so ordered. Members tomorrow as to what to ex- program. These sustainability centers The bill (H.R. 5008) was passed. pect over the course of the next couple make up more than half of the total of days. Again, I congratulate our col- women’s business centers, but under f leagues, THAD COCHRAN, and the rank- the current funding formula are only ORDERS FOR WEDNESDAY, ing member for all of their hard work allotted 30 percent of the funds. With- SEPTEMBER 15, 2004 on the homeland bill. out changing the portion reserved for Mr. FRIST. Mr. President, I ask sustainability centers to 48 percent, as unanimous consent when the Senate f the Senate-passed Snowe-Kerry bill, S. completes its business today, it ad- 2267, directs, all grants to sustain- journ until 9:45 a.m. on Wednesday, ability centers could be cut in half, or September 15. I further ask that fol- ADJOURNMENT UNTIL 9:45 A.M. worse, more than 20 experienced cen- lowing the prayer and pledge, the TOMORROW ters could lose funding completely. morning hour be deemed expired, the Mr. FRIST. If there is no further I believe it is very important to pass Journal of proceedings be approved to business to come before Senate, I ask H.R. 5008 and extend the pilot so that date, the time for the two leaders be unanimous consent that the Senate our most experienced centers can con- reserved, and the Senate then proceed stand in adjournment under the pre- tinue their good work for women- to the consideration of the military vious order. owned businesses; however, the current construction appropriations bill as funding formula for the Women’s Busi- under the order. There being no objection, the Senate, ness Center still needs to be updated. The PRESIDING OFFICER. Without at 11:18 p.m., adjourned until Wednes- As the author of the bill to establish objection, it is so ordered. day, September 15, 2004, at 9:45 a.m.