Congressional Record
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108 th CONGRESS, FIRST SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 149 WASHINGTON, THURSDAY, APRIL 3, 2003 No. 54
Senate
The Senate met at 9:30 a.m. and was faced with the challenges of today. Votes will be stacked in the early
called to order by the President pro Thank You, Lord, for placing them in afternoon to accommodate the sched-
tempore (Mr. STEVENS). their positions of leadership as Sen- ules of a number of Senators. The Sen-
The PRESIDENT pro tempore. To- ators of this great Nation. ate will complete action on the supple-
day’s prayer will be offered by our As we live in these challenging times mental bill today. If Members continue
guest Chaplain, Rev. Frank Cirone of nationally and internationally, may we to cooperate and allow for short debate
Ravencrest Chalet at the Torchbearer learn to slow down, step up, and stand limitations on their amendments, it
Bible School, Estes Park, CO. out in Your strength, allowing Your may be possible to finish at a reason-
life and love to shine through our lives able hour today. That is my hope. In
PRAYER
publicly and privately so that Your any event, we all are prepared to stay
The guest Chaplain offered the fol- name, O God, will be exalted. Use us
lowing prayer: as late as necessary in order to finish
today, O Gracious Lord, for Your pur- the bill this evening.
Hear my cry, O God; pose and praise! We pray all of this in
Give heed to my prayer. The PRESIDING OFFICER. The Sen-
From the end of the earth I call to You the name of Jesus Christ, Amen.
f ator from Colorado.
when my heart is faint;
Lead me to the rock that is higher than PLEDGE OF ALLEGIANCE f
I.
For You have been a refuge for me, The Honorable HARRY REID, a Sen-
A tower of strength against the enemy. ator from the State of Nevada, led the WELCOMING REVEREND CIRONE
Let me dwell in Your tent forever; Pledge of Allegiance, as follows:
Let me take refuge in the shelter of I pledge allegiance to the Flag of the
Mr. ALLARD. Mr. President, I take a
Your wings.—(Psalm 61:1–4) United States of America, and to the Repub- moment to welcome our Chaplain for
Know that the Lord Himself is God; lic for which it stands, one nation under God, the day.
It is He who has made us, and not we indivisible, with liberty and justice for all. Frank and Krista Cirone, with their
ourselves; f four children: Andrew, Benjamin,
We are His people and the sheep of His Isaak, and Anikka, live and minister at
pasture.—(Psalm 100:3) RECOGNITION OF THE MAJORITY
Heavenly Father, Almighty God, we LEADER Ravencrest Chalet of the Torchbearer
come before You today acknowledging The PRESIDING OFFICER (Mr. International Missionary Fellowship.
You as Creator of this universe and SUNUNU). The majority leader is recog- Ravencrest Chalet is a Bible school and
Sovereign Lord over all. We have so nized. Christian conference center in Estes
much to be thankful for. We bless You f
Park, CO. The Cirones enjoy hiking,
for the privilege of living in this land mountain biking, and snowboarding in
of freedom. We bless You for the won- SCHEDULE the Colorado Rockies.
derful salvation we can have through Mr. FRIST. Mr. President, this morn- Frank graduated from Philadelphia
the shed blood of Your Son, Jesus ing the Senate will be in a period of Biblical University in 1989 prior to
Christ and life eternal by His resurrec- morning business until 10 a.m. to allow joining the staff at Ravencrest Chalet.
tion. We praise You, Lord, for the wis- Members to continue to make state- Frank is pursuing his master’s degree
dom and peace You give as we call ments honoring and supporting our in leadership from Denver Seminary.
upon Your name. fighting men and women overseas. At Ravencrest, he serves as principal of
Sovereign Lord, we pause for a mo- At 10 a.m., the Senate will resume the Bible school, resident instructor
ment . . . to pray for the men and consideration of the supplemental ap-
and coordinator of the second year
women of our Armed Forces that are propriations bill. As I announced last
leadership program.
fighting for the freedom of Iraq. May night, the chairman has developed a
they know of Your constant strength, lineup of amendments. Senator BOXER Besides his responsibilities at
wisdom, and protection through this will go first with an antimissile amend- Ravencrest, Frank spends time trav-
conflict. May they be reminded of our ment. Then we will try to reach a 30- eling and speaking at various con-
love, prayers, and support. Please, minute time limitation on her lan- ferences and retreats both in North
Lord, comfort the families and friends guage. I understand following that America and overseas. He very much
of lost loved ones in their time of sor- amendment, Senator BAYH will be pre- enjoys motivating people to a deeper
row. pared with an amendment regarding love for Christ that influences all as-
Dear God, empower these men and bioterrorism, and Senator GRAHAM of pects of daily living through dynamic
women of this Senate with Your cour- Florida will have an amendment re- communication and interaction. I want
age and understanding as they are garding VA health. to thank Mr. Cirone and his family for
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S4733
.
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S4734 CONGRESSIONAL RECORD — SENATE April 3, 2003
making the trip to Washington, DC and vided between the Senator from Texas, rably. I pray for a safe return for our
participating today in the opening Mrs. HUTCHISON, and the Democrat troops and that this conflict can end as
prayer of the Senate. leader, or their designee. soon as possible.
f The Senator from Colorado is recog- I would be remiss if I did not mention
nized. the names of our military personnel
SUPPORTING OUR TROOPS who will not be returning home. I offer
f
Mr. FRIST. Mr. President, I have a my condolences to those families
HONORING OUR ARMED FORCES
short statement to make on our troops. whose sons and daughters have already
Very briefly, we have taken a period Mr. ALLARD. Mr. President, Mem- been lost. To the families of LCpl
of time each morning to comment on bers of the Congress have been receiv- Thomas Slocum and Cpl Randal Kent, I
the wonderful work and tremendous ing reports on a daily basis on the con- give my deepest and most sincere sym-
commitment and dedication our troops flict in Iraq. At these briefings, I report pathies for the loss of their sons. In
are displaying overseas for us, and we back to Members of the Congress and their passing, they have continued the
have had the opportunity to comment America that things have been going valued Marine Corps tradition of esprit
on the families at home, offering pray- well, much better than many expected, de corps, and I will continue to pray for
ers and support for their children, and in the war in Iraq. you as you mourn your loss.
in many cases for their spouses and What we have been getting out of Our thoughts and prayers are with
their parents as well. They know the these briefings is just how highly our Armed Forces both at home and
men and women are fighting for lib- trained are our men and women in the overseas. Our thoughts and prayers are
erty, democracy, and peace. Armed Forces and how the techno- with the families and friends. God bless
This morning, my thoughts and pray- logical developments of this country America.
ers are with the family of the soldier have helped make their job easier on I yield the floor.
who died during Operation Iraqi Free- the battlefield. We have learned to ap- The PRESIDING OFFICER. Who
dom, SP Brandon J. Rowe, Company C, preciate their courage and commit- yields time?
1–502nd Infantry, 101st Airborne Divi- ment to protecting America’s freedom. Mr. REID. Mr. President, it is my un-
sion, Air Assault, Fort Campbell, KY. Today marks the 14th day of Oper- derstanding that the time is equally di-
Two sentences caught my eye from ation Iraqi Freedom, and the fight for vided this morning; is that true?
the Army news release: freedom continues in the Middle East. The PRESIDING OFFICER. The Sen-
Specialist Rowe epitomizes the best of our Our brave members of the U.S. mili- ator is correct.
country—a brave soldier—who exhibited tary have shown the entire world how Mr. REID. We have a lot of speakers
courage, selfless service, and honor in abun- truly committed the United States is here. How much time does the minor-
dance. His ultimate sacrifice has contributed to ending the dangerous regime in Iraq. ity have?
immeasurably to the freedom and security of By sacrificing their lives so those in The PRESIDING OFFICER. The mi-
both Iraq and the world. Iraq can finally be allowed peace, coali- nority has 10 minutes.
While liberating Najaf, the 101st Air- tion forces continue to courageously Mr. REID. And how long does the ma-
borne has been met over the last 48 march toward Baghdad. jority have?
hours by grateful people waving and During the last 2 weeks, I, along with The PRESIDING OFFICER. Approxi-
clapping hands and saying, ‘‘Good job.’’ many of my colleagues, have continued mately 5 minutes.
Quoted yesterday in the Washington to come down to the Senate floor daily Mr. REID. We have a problem right
Post, LTC Chris Hughes, a battalion to honor our troops and praise their here to begin with.
commander in the 1st Brigade: valor. While we stand in the safety of Mrs. HUTCHISON. Mr. President, if I
We waited about an hour and a half, and the Capitol Building, our words will can just assure that we are covered.
the hair on the back of my neck began to not be heard by those who are directly Mr. REID. OK.
stand up. The crowd got bigger and bigger, so in harm’s way, but the words are still Mrs. HUTCHISON. We have Senator
we pulled back out. But it was like the lib- needed. DAYTON and Senator CORNYN, and if
eration of Paris. It is important for us to continue to there is any time left I will take it.
Our newspaper in Nashville, the Ten- honor these men and women, some of Mr. REID. I will yield whatever time
nessean, reported yesterday that a sol- whom will not come home, who fight needed to the Senator from Minnesota.
dier in the 101st will soon learn he is a for freedom and the safety and security Mr. DAYTON. Mr. President, I rise
new father—again showing the many of the United States of America. I also to pay tribute today to the heroic
dimensions of this war and its impact would like at this time to honor some men and women of our Armed Forces
on families and the feelings families of those brave men and women from who are performing so well on behalf of
are expressing and sharing among my home State of Colorado who this our country in Iraq. Their courage,
themselves. SGT Chris Schornak’s wife very day are being moved into the Per- their patriotism, and their valor rep-
Robyn gave birth to Tristan James sian Gulf. resent the finest traditions and the
Schornak at 2:01 p.m. on Tuesday. He The 3rd Armored Calvary Regiment best values of the American military
was born at NorthCrest Medical Center as well as the 3rd Brigade Combat and of the country which they serve.
in Springfield. The mom and young Team have been deployed from Fort They have fought brilliantly, they have
Tristan are doing well and will soon be Carson over the 3 weeks and continue fought bravely, and they have fought
living with relatives in Franklin, KY. to do so today. Many of these individ- successfully. They have now advanced
Again, these are faces of our families uals have been waiting for the chance to within 10 miles of Baghdad. They
and our troops, and to all of them our to stand shoulder to shoulder with have been victorious thus far. They
thoughts and prayers continue to go their comrades already participating in will be victorious from now on. And
out. Operation Iraqi Freedom. I salute them they will be victorious in the end.
f for their bravery. To the brave women and men who
It is clear that after all of the deploy- gave their lives in the service of their
RESERVATION OF LEADER TIME ments from Fort Carson are completed, Nation, to their families and friends,
The PRESIDING OFFICER. Under it will mark the biggest mobilization the people they love and the people
the previous order, the leadership time from the base since World War II. I sin- who love them, we express our heart-
is reserved. cerely hoped that the course of events felt gratitude and our deepest sorrow
f that have led to the mobilization of and condolences. We are in awe of your
soldiers not only from Colorado but courage, your heroism. As the families
MORNING BUSINESS those stationed all over the world and friends of those fallen heroes who
The PRESIDING OFFICER. Under would not have happened. But it was are your friends and neighbors, your
the previous order, there will now be a apparent from the beginning that our coworkers and church members, we
period for the transaction of morning Armed Forces would need to be in- know that you have suffered the most
business not to extend beyond the hour volved in the manner that they are grievous losses and must be suffering
of 10 a.m., with the time equally di- now. And they have performed admi- inestimable pain. Our hearts go out to
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4735
you. Our prayers are with you. We ers in America now for our fighting informed but we have to do our jobs as
stand beside you ready to help in any men and women and those who have Americans. Let’s at times shut off the
way we can. fallen. TV; let’s go out there, roll up our
We say also to the families and I had a chance to talk to the family sleeves, and make this a greater nation
friends of American soldiers wounded of PVT David Mahlke, a 19-year-old kid for the troops to come home to.
or captured or missing or still fighting from Winona, MN. He graduated Wi- Ordinary citizens are winning this
or still deployed in Iraq, please let us nona High School in 2001. He was war and ordinary citizens in towns
know how we can support you and as- wounded, with the 3rd Infantry Divi- across Minnesota and America need to
sist you during these difficult times. sion. He is recuperating, doing well. I sacrifice and work hard, to use all their
Our prayers are with you also for the was talking with his mom. She was skills to get things done for America,
swift recovery and safe return of all of waiting for a call from him. She said: If right now, today.
our troops back to their country, their the call comes through, I am going to I am also hopeful these events will
fellow citizens who are so proud and so cut you off. And I said: Go right ahead, have an effect on our work here in the
grateful of them. ma’am. Senate. We don’t have Democrat units
I also want to pay my respects to the I want the Mahlkes and all the other and we don’t have Republican units.
military command responsible for the families in Minnesota to know we are We don’t have conservative or liberal
planning and execution of this engage- praying for them, we are behind them. generals. The political labels would
ment. Secretary Rumsfeld, Chairman As my distinguished colleague from seem silly and irrelevant in compari-
Myers, the Chiefs, you have served our Minnesota noted, this is not a partisan son to the importance of the task.
country and you continue to serve our thing anymore. We are there. We are Maybe we could catch some of that
country with great honor and distinc- with them and so thankful they are spirit around here. The American peo-
tion in carrying out your duties, your there. ple want solutions, not a partisan
oaths of office to the best of your abili- Over 100 years ago, Alexis de rugby match, and we should give them
ties. You are succeeding. You are win- Toqueville said: what they want.
ning this war. Some may not agree The strength of America is not in its gov- Finally, let me close on a different
with everything you are doing. I don’t ernment or even its economy, but the qual-
ity of its average citizens.
note. Those of us in our Nation’s Cap-
agree myself on everything. But you itol these days are experiencing a stark
have earned my utmost respect and ad- Never has this been more true than irony. On one hand, there is a somber
miration for your dedication and patri- for the struggle for the freedom of Iraq. mood about the war, as we receive the
otic service to our country. You do not Every single American soldier, sailor, reports of danger and sacrifice. But at
deserve the backstabbing, the second airman or woman in this conflict is a the same time, the city of Washington
guessing, the carping, the Monday volunteer. How astounding that is. is bursting with the beauty and hope-
morning quarterbacking which has They stepped forward to risk their fulness of spring. The cherry blossoms
dogged your every decision. Former lives on behalf of the ideals and safety are in full bloom. They are famous all
President Dwight Eisenhower once of the American people, and they are over the world. But these cherry blos-
said: willingly, enthusiastically, and boldly soms have a tale of hope for us all in
Any high school kid can do better with a laying down their lives for us. these times, and I will tell it very
presidential decision with 20/20 hindsight In that we are grateful. They are not
quickly.
than a president can at the time when he just willing to die for their principles
only has partial information and is operating and our principles, they are living for The Washington cherry trees were a
by his wits. them. The skill and compassion and gift to the American people from the
It is all too easy for someone with a care being demonstrated by the troops Emperor of Japan in the 1890s as an ex-
military background to sit in judgment in the field is America at its best. It is pression of friendship. In World War II,
in hindsight. I do not disagree with far from the scenario we all feared: allied bombing of Tokyo resulted in
their constitutional right to do so. I that war would demonize America in the death of most of the cherry trees
dispute their judgment in doing so. I the eyes of many. around the Emperor’s palace. After the
question their motives for doing so, as I, too, have been frustrated and an- war ended, a group of Washingtonians
some appear to be vying to become the gered by the second-guessing and snip- took a set of cuttings from our trees
next network analyst or the next ing by some members of the news here and brought them back to Japan
Geraldo. media. I am reminded of the story of to restore their trees. If you travel to
As the saying goes, actions speak President Lincoln, who received a se- Japan, you will see the trees which
louder than words, and the actions of ries of letters from a God-fearing grew from Washington’s tree which
these brave men and women fighting woman who told him: Mr. President, came here as a gift.
on our behalf, winning on our behalf, God has told me we should move troops We are not fighting in Iraq for oil or
speak loudly. They drown out, they here and there, during the Civil War, territorial ambition. We are fighting to
overwhelm any naysayers of their con- and hire this general and fire this one. protect our own people in a world that
duct and decisions they are carrying Lincoln responded very briefly say- has brought threats to our doorstep.
out, which, as I say, will be victorious ing: Ma’am, I find it amazing, indeed, We are fighting as the only hope for
for our Nation and we owe them our in- that the Lord Almighty has given you the freedom of the people of Iraq
estimable gratitude. all the answers but has given me the against their tyrant. Justice is being
Thank you, Mr. President. I yield the job. done. But what the world is about to
floor. There is a time for legitimate debate see will have an even greater impact.
The PRESIDING OFFICER. The Sen- in public and among our Nation’s lead- As we move to rebuild Iraq, the peo-
ator from Minnesota. ers. We had that. Resolutions approv- ple of the world will see American gen-
Mr. COLEMAN. Mr. President, it is ing the use of force were approved by erosity and ingenuity and values at
an honor to join my friend and distin- decisive, bipartisan margins in the their best. A dark cloud on the future
guished colleague from Minnesota, on House and Senate. Legitimate protests is being removed and a new light is
behalf of the people of Minnesota, to in favor of diplomatic solutions contin- about to shine.
express our support for the courage and ued. But in my mind, that all changed Let’s do our part, my fellow Ameri-
skill of our troops fighting at this hour when the Commander in Chief sent cans, and make this a better country
in Iraq. As the majority leader noted young American men and women into today before we go to bed tonight, as a
when we began this session this morn- battle. tribute to our brave men and women
ing, my prayers also are with those I want to say a word to the rest of who are fighting for us around the
who have died and their families. May our citizens. In a previous war, there clock. Our prayers are with them. Our
God watch over them. Folks who are was the expression, ‘‘They also serve support is with them. May God bless
out there should know, and their fami- who only stand and wait.’’ In my view, them all.
lies should know, there are a lot of that does not apply now to those who May God bless the United States of
prayers in the Senate and a lot of pray- simply sit and watch. It is good to be America.
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S4736 CONGRESSIONAL RECORD — SENATE April 3, 2003
The PRESIDING OFFICER (Ms. MUR- the troops stationed away from home, Madam President, I yield the floor.
KOWSKI). The time on the majority side but the general public is urged not to Mr. WARNER. Mr. President, I seek
has expired. send unsolicited mail, care packages, recognition to honor two Virginia Ma-
The Senator from Nevada. or donations to the service members rines: Staff Sgt. Donald C. May of
Mr. REID. I am happy to yield time now deployed in Iraq. The Department Richmond and Sgt. Michael Vernon
to the distinguished Senator from Mon- of Defense has set a strict policy of Lalush of Troutville, who were among
tana, who represents, among other only family members sending mail and the first of our servicemen killed in ac-
things, the Marine Corps. packages to their service members. So tion in Operation Iraqi Freedom; and
The PRESIDING OFFICER. The Sen- if you want to write to a person over to express gratitude, on behalf of the
ator from Montana. there and he is not in your immediate Senate, for their service to our Nation.
Mr. BURNS. I thank my good friend family, we ask that not be done. The American people, I am certain,
from Nevada. I am having a little trou- So this leaves many people at a loss join in expressing their prayers and
ble getting organized today. I will try when they want to help support the compassion to the families they leave
to pick it up a little bit to the likings troops, to say thank you, but have no behind.
of the assistant minority leader. direct point of contact. We see that The media in Virginia have given the
I am glad my good friend from Min- they are finding ways, through Amer- following important coverage:
nesota, who is newly elected to this ican imagination, to take care of that. Staff Sergeant Donald C. May, Jr.
body—and, I will tell you right now, he Even without those care packages, was so inspired by the military service
is a contributor, and I think he has a there are many other efforts that can given in past years by his father and
great future here—did bring us back to be made to support our troops in the mother that he followed in their foot-
reality. The city of Washington does field and also their families at home. steps and began to chart a course for
have quite a lot of beauty. As the cher- I have put together an information himself with military training. He was
ry blossoms are out and the blossoms pamphlet, which is available in all my fulfilling that dream when he was trag-
start to open here, I always think: offices in the State of Montana, that ically killed on Tuesday when his tank
Every spring, no matter what the con- includes national programs and local went off a bridge into the Euphrates
ditions are in the world, or the prob- Montana programs set up to allow peo- River.
lems and trials of serving in a legisla- ple to extend a helping hand to our sol- He leaves behind: his mother, Brenda
tive body, or an economy that con- diers but, more importantly, I think to May; his wife, Deborah; son, Jack;
tinues to struggle and is on the minds provide support for their families at stepdaughter, Mariah; and another son
of all of us as is this situation we find home. I call it Operation: Homefront. yet to be born.
ourselves in, in Iraq—every spring, as It is a program I have set up to easily He was a member of the U.S. Naval
we look around this city, I just think it and efficiently inform people about Sea Cadets from age 12 to 18 and was
is God’s picturesque way of reminding how they can help or contribute to this also a police explorer.
us of the Earth’s renewal. It comes operation. Upon graduation from Meadowbrook
every spring just as a reminder that There is nothing better for the mo- High School in 1990, he joined the
that is one institution that we haven’t rale of our troops. We understand the United States Marine Corps, and served
been able to change. sacrifices they are making. We under- 4 years in the military police. He fin-
I have a resident of Montana who is stand where they find themselves. And ished boot camp just in time to serve
at Walter Reed Army Hospital, Army they also understand us who are trying in the last few months of the first Gulf
SGT Charles Horgan. I haven’t been to support them and their families any War in 1991, involving security over
able to get out and visit him yet. He is way that we can. Iraqi prisoners.
It is also comforting for those in the
from Helena, MT. He is recovering out After the first Gulf War, Staff Ser-
field to know their loved ones back
there from wounds received in Iraq. I geant May left the Marines for 2 years,
home are being taken care of when
am sure the hearts of everybody who serving as a reservist, after which time
push comes to shove.
shares our concerns about one life, one I think Operation: Homefront will be he returned to active duty as a tank
human, go out to him and his folks an excellent tool for getting informa- commander, just like his dad, who is
today. tion out to people. Supporting our now deceased.
Back in 1991 I had a chance to visit a troops is something we think about During his second deployment to
Marine unit out in the desert. It was every day. We appreciate their risks Iraq, Staff Sergeant May was in the 1st
my old Marine outfit in which I served, and the sacrifices they are making. Tank Battalion, 1st Marine Division,
F–212, 3rd Marine Division. But I served There is also one other reminder to based at Marine Corps Air-Ground
back in the stone age. These are the my colleagues. If you are concerned Combat Center in Twentynine Palms,
new warriors with new equipment, new about what the war is going to cost, CA.
technologies. I did that back in 1991. and you want to participate and help Sergeant Michael Lalush always
The mindset and the American insti- us out in just a little way, there is a seemed to have a knack for fixing
tution of the military and their enor- way. Back in 1991, we offered a brand things. He always worked with his
mous ability to withstand hardships new bond on the market. We called it hands on equipment, tinkering with
for a principle and a way of life is al- the Patriot Bond. And if you want to lawnmowers and cars. As a teenager,
most above human imagination. As we buy a bond for your child or your he brought home to his own garage a
were flying out in that desert, the com- grandchild, or whomever, I think you pink 1965 Volkswagen Beetle, rebuilt it
manding officer, Walt Boomer, General can go to wherever they sell these and in no time was driving it around
Boomer, called me. He said: Senator, bonds—I don’t know where they sell the neighborhood.
they may complain a little bit that them; I have a couple of them—and buy Sergeant Lalush was challenged in
they are not getting mail. your grandchild a bond and help us out. the military and had a great longing to
I said: We will try and handle that. Just because there is combat today, serve his country. After graduating
But if you figure we had 400,000 to the mission will not be over until the from Lord Botetourt High School, he
500,000 people in the Middle East, if ev- Iraqi people are liberated and an in- left for boot camp.
erybody wrote a letter to every soldier, terim government is set up so freedom Tragically, Sgt. Lalush’s short mili-
sailor, marine, coastguardsman, or air- can be established to allow the Iraqi tary career ended on Sunday when he
man over there, that is a lot of mail to people to grow and to taste the fruits was killed in a Huey helicopter crash
handle per day, to try to get it out to of freedom and to improve their qual- while serving in a Marine Light Attack
the right people in a timely fashion. ity of life. Every life in the world is de- Helicopter Squadron in southern Iraq.
But I found out that was not what serving of that. He had been deployed from the Marine
their complaint was. They were out of So if you are inclined to do so, go in- Corps Air Station at Camp Pendleton,
tobacco. We finally helped that situa- quire about a Patriot Bond. I think it CA.
tion. would sure help us out, and it also Reportedly, in his final e-mail mes-
There is a long tradition of writing would, I think, maybe help you out sage that the family received last
letters and sending care packages to also. Wednesday, Sergeant Lalush said he
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4737
was finally discovering his dream in ‘‘COUNTERTERRORISM FUND’’, $30,000,000 shall remain alert to the potential use of
Iraq. He told his parents that he was fi- be available for the Secretary of Homeland MANPADs against U.S. aircraft.
nally using his skills to help people. Security, in consultation with the Secretary How clear could this be? If this body
of Defense and the Federal Aviation Admin- turns its back on a threat that our
Sgt. Michael Lalush leaves behind his
istration, for research and development on,
parents, David and Rebecca Lalush. commercial aircraft are facing right
and for the initial deployment of, technology
Mr. President, we have lost two ex- to protect commercial aircraft from the now, it would be a very sad day, indeed.
ceptional sons of Virginia. Their cour- threat posed by man-portable air defense I see Senator SCHUMER has ap-
age and unwavering service to our systems in order to reduce the costs of such proached the floor. What I will do is
great country will not be forgotten. As technology and to provide for the adaptation ask that a quorum call be put in place
we think of their families in mourning, of military countermeasure systems to com- so I might discuss with him a time-
let us not forget that these fine young mercial aircraft. frame he will need on this amendment
men gave the ultimate sacrifice so that Mrs. BOXER. Madam President, I we have worked so hard on together.
every American could continue to live thank the clerk. I suggest the absence of a quorum.
in freedom. If my colleague would like to make a The PRESIDING OFFICER. The
statement at this time, I would be clerk will call the roll.
f The assistant legislative clerk pro-
happy to yield, without losing my right
CONCLUSION OF MORNING to the floor. ceeded to call the roll.
BUSINESS Mr. STEVENS. Madam President, I
The PRESIDING OFFICER. The Sen-
ask unanimous consent that the order
The PRESIDING OFFICER. Morning ator from Alaska.
Mr. STEVENS. Madam President, I for the quorum call be dispensed with.
business is now closed. The PRESIDING OFFICER. Without
f thank the Senator from California. My
objection, it is so ordered.
only reason for standing right now is Mr. STEVENS. After conferring with
SUPPLEMENTAL APPROPRIATIONS to inquire of the Senator from Cali-
ACT TO SUPPORT DEPARTMENT the Senator from California, I ask
fornia if it is possible to have a time unanimous consent that the Senator
OF DEFENSE OPERATIONS IN limit on her amendment.
IRAQ FOR FISCAL YEAR 2003 from California control the time until
Mrs. BOXER. I absolutely will agree. 10 minutes of 11 and that I control the
The PRESIDING OFFICER. Under I am waiting for my coauthor, CHUCK time thereafter until 5 minutes after
the previous order, the Senate will now SCHUMER. As soon as we get word as to 11.
resume consideration of S. 762, which how much time he would need, yes, we The PRESIDING OFFICER. Without
the clerk will report. would definitely want to do that. objection, it is so ordered.
The legislative clerk read as follows: Mr. STEVENS. Madam President, I The Senator from California.
A bill (S. 762) making supplemental appro- do thank the Senator from California. Mrs. BOXER. I will take it from the
priations to support Department of Defense It is our hope that we will be able to top because this is such a crucial
operations in Iraq, Department of Homeland get all of the amendments that are in amendment. The amendment I am of-
Security, and Related Efforts for the fiscal line now completed in time to start
year ending September 30, 2003, and for other
fering with Senator SCHUMER will pro-
voting by 11:50, following the Demo- vide $30 million that is already in the
purposes.
cratic caucus. So I appreciate her cour- bill—we are not adding new money—for
Pending: tesy. And whatever is possible to enter the Department of Homeland Security
Stevens amendment No. 435, to increase into a time agreement, I would like to to research and develop and to initially
the National Debt Ceiling of the United explore that. I thank her for her cour-
States.
deploy countermeasure systems for
tesy. commercial aircraft to combat the
Reid amendment No. 440, to provide crit-
ical funding to safeguard nuclear weapons Mrs. BOXER. I thank my friend. And, threat of manned portable shoulder-
and nuclear material in the United States yes, as soon as we get word, I will ask launched missile systems.
and around the world. for a quorum call, and then we will I have held one of these missiles. I
Mr. REID. I suggest the absence of a make an agreement on the time. am a little person. They are very light-
quorum. Whether we speak about this for a weight. They can be easily used. They
The PRESIDING OFFICER. The half hour or 2 days, this is a very im- have been used in the past. As I say,
clerk will call the roll. portant amendment. I think one of the this $30 million is not new money. I
The assistant legislative clerk pro- things we learned after 9/11, tragically, hope, therefore, it will not be opposed
ceeded to call the roll. is that we have to take warnings very on the other side of the aisle.
Mrs. BOXER. Madam President, I ask seriously—our intelligence agencies, The chairman of the House Aviation
unanimous consent that the order for we, as a Congress, the administration, Subcommittee, a Republican, said just
the quorum call be rescinded. all of us working together. yesterday that the threat of these
The PRESIDING OFFICER. Without We know now that there is a threat shoulder-fired missiles being aimed at
objection, it is so ordered. out there that is very real. We have a commercial aircraft in the United
constructed an amendment that does States or one of our assets abroad
AMENDMENT NO. 472
not add any money to this bill but ‘‘keeps me up at night.’’ This is a Re-
(Purpose: To set aside $30,000,000 for the De- merely says that out of the funds that publican chairman of the House Avia-
partment of Homeland Security for re-
search and development and deployment of
have been allotted for homeland de- tion Subcommittee who came into this
technology to protect commercial aircraft fense, that $30 million be made avail- debate, in his own words, not convinced
from the threat posed by man-portable air able immediately for research and de- that we needed to move on this threat.
defense systems) velopment of countermeasures that But after a secret briefing—and I was
Mrs. BOXER. Madam President, I could be taken should a shoulder-fired there—said this threat ‘‘keeps me up at
send an amendment to the desk and missile be aimed at a commercial air- night.’’
ask for its immediate consideration. craft. Shoulder-fired missiles, such as the
The PRESIDING OFFICER. The I want to read to you the latest SA–7 and stinger missile, are available
clerk will report. statement of the FBI. This is the FBI on the black market for $25,000 to
The assistant legislative clerk read warning, which really must not go $80,000 each. Most can be used with
as follows: unheeded if we are to do our job: very little training and they take just
The Senator from California [Mrs. BOXER], . . . given al-Qaeda’s demonstrated objec- minutes to fire. As I said, I have held
for herself and Mr. SCHUMER, proposes an tive to target the U.S. airline industry, its one of these missiles in my hand. Al-
amendment numbered 472: access to U.S. and Russian-made MANPAD most anybody could do the same and
In chapter 6 of title I, add at the end the systems— fire one.
following: MANPAD stands for shoulder fired Nearly 30 guerrilla and terrorist
GENERAL PROVISIONS, THIS CHAPTER missiles— groups are in possession of these weap-
SEC. 601. Of the amounts appropriated by and recent apparent targeting of U.S.-led ons, including al-Qaida. We will show a
this chapter under the heading ‘‘DEPART- military forces in Saudi Arabia, law enforce- chart of the terrorist groups, the guer-
MENTAL MANAGEMENT’’ under the heading ment agencies in the United States should rilla groups we believe have these
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S4738 CONGRESSIONAL RECORD — SENATE April 3, 2003
weapons or have access to these weap- technology is there. We are saving outweigh the expense of the precautionary
ons: al-Qaida, Hezbollah, Kurdistan lives. Another way to put it, we are measures you are recommending today to
Workers Party, the Palestinian Au- saving lives in Afghanistan today using make sure our commercial planes are safe
from such a terrorist attack.
thority, the Popular Front for the Lib- these pyrotechnic technologies. Why
eration of Palestine, the Taliban. It not arm our civil aviation aircraft to Mr. BAYH. My colleague pointed out
goes all the way down the line. These save lives domestically as well. I that I pride myself as being fiscally re-
are the groups that have these missiles strongly support her amendment. It is sponsible. I view her amendment in
and could use them against a commer- a very wise investment. that spirit. We are in the process of ap-
cial aircraft. Mrs. BOXER. Before my friend leaves propriating, I believe, $3 billion for the
Al-Qaida has shown it is willing to the floor, I want to put up the FBI civil aviation industry in this supple-
use these weapons as weapons of terror. warning we have been given. It is not mental. Previously, following the 9/11
They are suspected of targeting U.S. as if we haven’t been warned. That is attacks, there were other billions of
military aircraft in Saudi Arabia last why I want to make the case to my dollars. If that industry is going to re-
May with an SA–7 missile. friends on both sides of the aisle as to cover and be viable economically
Mr. BAYH. Will the Senator yield for how important they are. again, it is going to have to be in part
a question? Given al-Qaida’s demonstrated objective to because people feel safe getting on
Mrs. BOXER. Yes. target the U.S. airline industry, its access to planes and traveling across the coun-
Mr. BAYH. Is the Senator aware U.S. and Russian-made systems and recent try. So the Senator’s efforts to secure
many of these countermeasures are apparent targeting of U.S.-led military the traveling public are very much in
made in the State of Indiana at Crane forces in Saudi Arabia, law enforcement the spirit of stabilizing an industry
Naval Depot? I thought the Senator agencies in the U.S. should remain alert to and, in fact, being fiscally responsible
might be interested. I had occasion to the potential use of the MANPAD’S against so that further efforts to provide lar-
U.S. aircraft.
be there several weeks ago. They re- gess from the Federal Treasury won’t
ported to me that these counter- When you put that together with the be necessary.
measures the Senator quite rightly list of terrorist groups that have the Mrs. BOXER. My friend is right. We
hopes to fund in this supplemental weapons, you are so right. The Taliban know that, right now—before we have
have been used in Afghanistan, and is at the top. That is why now in Af- even seen research and development in
there have been more than 200 inci- ghanistan we face threats from these a robust fashion to bring down the cost
dents of attacks on our military air- shoulder-fired missiles, because they of these countermeasures—they are
craft, but not one successful attack be- have them. about a million dollars per plane. I say
cause the countermeasures are so effec- Mr. BAYH. In addition, my colleague to my friend that $1 million on a $120
tive in preventing the downing of our is aware that I serve on the Intel- million aircraft is not too much to ask.
aircraft. The point the Senator makes ligence Committee. Without getting We had a big breakthrough because
is a good one since we have been so suc- into detail on the floor, which would be Chairman MICA on the House side, yes-
cessful in protecting our military men inappropriate, this is a growing con- terday, came on board on this amend-
and women. We have the technology. cern in the intelligence world, particu- ment and is working on the other side.
Why not make it available to the civil larly following the attack in Kenya on I have spoken to the leadership. I think
aviation sector as well. the Israeli airlines. These attacks have if the Senate today can come to-
Mrs. BOXER. I am so pleased my been carried out on civil aviation air- gether—I know we are voting so much
friend would come over and engage in a craft. These missiles are widely avail- on party lines now, and I can see that,
colloquy with me. I was not aware of able, as you pointed out, and it is a but if we can come together on this
where these countermeasures were matter of growing concern to our law amendment, which doesn’t add any
made. I know there are corporations enforcement and intelligence officials money at all, but simply says this is a
working on them. that this is perhaps a future area for priority—by the way, it is not only the
He is right. Our military planes are threat—the civil aviation in the United Senator from Indiana, or the Senator
protected—thank God—because these States. from California, or the Senator from
are heat-seeking missiles. They are at- We have the ability to protect the New York saying it is a priority; it is
tracted to these engines. Our military aircraft, so why not take the step be- the FBI saying it is a priority. Who
aircraft are protected. It is interesting fore it is too late? We should not wait knows better what threats we face than
because if you look at El Al, although until after a tragedy has occurred. We the FBI?
they will not confirm or deny that have been down that road before. The TSA is saying it is a priority,
their planes are so equipped, we believe Mrs. BOXER. My friend is so much on too. On Sunday, there was a report in
they are. We don’t have any specific in- point. It is true that the attempt to the New York Times saying that the
formation, but we believe they are. down an Israel airliner in Kenya failed. Bush administration has ordered major
The point is, we need to now take However, it is estimated that over the security improvements at several of
this technology that is used on mili- last 25 years, more than 550 people have the Nation’s largest airports after in-
tary aircraft and do a little more work been killed in incidents involving spections showed that passenger planes
so these technologies can work on com- shoulder-fired missiles and commercial taking off or landing at those airports
mercial aircraft. That is what the aircraft. could be vulnerable to attack by a ter-
amendment does. I want to show my friend a statement rorist using a shoulder-fired missile.
I say to the Senator, who I know is a made by a member of the travel indus- So the fact is we see—I know at Los
fiscally responsible Member, we don’t try, as we look at more funding for the Angeles Airport dozens of National
add any new funds because the first airlines, which I think is essential Guard troops are deployed. It is a good
stage, $30 million, we can take out of right now given what they have gone thing to patrol the perimeter and at
existing money for research and devel- through, because we have a war and we road checkpoints, in part, because of
opment and begin to deploy a few air- had terrorism and we have a recession. concerns about shoulder-fired missiles.
planes with this system so we can This is what Ed Adams, chairman of a So the administration now takes this
make sure it works before we make a big tourism industry group, said: very seriously. We all know that while
bigger investment. The travel industry is painfully aware of the National Guard is going to be very
Mr. BAYH. My colleague is quite what a successful attack of using a shoulder- helpful in this regard, and more troops
right. I compliment her for this amend- fired missile on a commercial airliner could are going to help in this regard—and I
ment. The technology is more than do to the confidence of the traveling public. support these measures—we know
theoretical. It exists in large part It is a situation we would prefer not to even these missiles can reach commercial
imagine, but we must understand the reality
today. We are talking about saving aircraft up to 12,000 feet. We know that
of such an event if we intend to prevent it.
lives with this kind of investment. I The blow to the economy, in general, and the stepped-up patrols of the perimeters
can’t think of a better use of our tax travel and tourism sector, in particular, are only part of the solution because
dollars. I make the point not only as a combined with the loss of human lives would you can have one of these shoulder-
matter of State pride but that the be staggering. These costs would certainly fired missiles pretty far away from the
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4739
airport—in an apartment building, or speaks loudly and clearly in favor of His family moved to the United
anywhere else, or in the middle of a this amendment. States from Scotland in 1987. He was
park, and it would be very difficult. This is a chart of recent incidents of captain of the wrestling team at Santa
Mr. BAYH. Or possibly from the sun- attacks. In November 2002, an Israeli Rosa Middle School. He enlisted in the
roof of an SUV. It is difficult to secure jetliner was fired upon seconds after Marines after graduating from Santa
the perimeter around an airport to the takeoff in Mombasa, Kenya, and al- Rosa High School in 2001. He is sur-
extent that we need it. These counter- Qaida is suspected. vived by his wife, his parents, his three
measures would be very warranted. I In May of 2002, an empty shoulder- brothers, and his wife is expecting
apologize for interrupting the Sen- launched missile tube was found out- their first child in September.
ator’s remarks. But this threat is real. side Prince Sultan airbase in Saudi PFC Francisco A. Martinez Flores,
We have done a great deal of good work Arabia, and our military thinks that age 21, from Los Angeles, CA, was as-
in the military sphere combating just was from a shoulder-fired missile. signed to the 1st Tank Battalion, 1st
this kind of threat. In October 1998, we had rebels down a Marine Division, Marine Corps Air-
Why not make it available to the civilian Boeing 727 over the Demo- Ground Combat Center, Twenty-nine
civil population as well? We are spend- cratic Republic of the Congo in which Palms, CA. He was killed in a tank ac-
ing billions of dollars to bail out an in- 40 were killed. This is just recent inci- cident in Iraq on March 25. He moved
dustry, but if people don’t feel safe fly- dents, but if we go back 25 years, we to California with his family when he
ing in planes, the industry will never see this occurred. was 3 years old. He was expecting to
recover. I am in support of my col- I expect Senator SCHUMER is going to become a U.S. citizen in 2 weeks.
league’s amendment. Again, I apologize be coming to the Chamber. Until he CPT Aaron J. Contreras was assigned
for interrupting the flow of her argu- does, I am going to continue to go over to the Marine Light Attack Helicopter
ment. these charts. If we look at any of these Squadron, Marine Aircraft Group-39,
Mrs. BOXER. The Senator hasn’t in- charts, we get the picture. Marine Corps Air Station in Camp Pen-
terrupted my argument; he has made it This chart shows the groups we be- dleton, CA. He was 31 years old. He was
stronger and better. Also, we know lieve have access to shoulder-fired mis- killed on March 30 in a helicopter crash
that military transport and refueling siles. This would make anybody shud- in southern Iraq.
aircraft—and you have mentioned der because we know these groups are He was born on the Fourth of July in
this—such as the C–17, C–130, KC–135, well funded and active, and we know 1971. His family moved from San Jose,
and the KC–10 are some of the models many of them view the United States CA, to Sherwood, OR, in the late seven-
that employ these countermeasure sys- of America as their target: ties, and he was a graduate of Sher-
tems that we believe can be and must Al-Qaida, Hezbollah, Kurdistan wood High School. He joined the Ma-
be used for commercial aircraft. Workers Party, Palestinian Authority, rines in 1997. He is survived by his wife
Just going to the Senator’s point Popular Front for Liberation of Pal- and three children, his parents, and
about the military, they are con- estine, Taliban, Armed Islamic Group, four brothers.
Huta Militiamen, UNITA, Oromo Lib- SSgt Donald C. May was assigned to
ducting thousands of hours of training
eration Front, Somali National Alli- the 1st Tank Battalion, 1st Marine Di-
on countermeasures. So to underscore
ance, United Somali Congress, Hark at vision, Marine Corps Air-Ground Com-
what my friend has stated, we know
ull-Ansar, Hizbul Majahideen, Khmer bat Center, Twenty-nine Palms, CA. He
these systems work. We also know
Rouge, Liberation Tigers of Tamil, was from Richmond, VA. He was 31
there is a threat.
United State Wa Army, Kosovo Libera- years old. He died March 25 in a tank
I think if you look at this amend-
tion Army, National Liberation Army, accident in Iraq. He is survived by his
ment and all the parts of it, No. 1, it is
and the IRA. We know these groups wife and two children.
a modest step because we are not add- Cpl Robert M. Rodriguez, age 21, was
ing new funding; we are simply taking have access to shoulder-fired missiles.
assigned to the 1st Tank Battalion, 1st
out—there is more than a billion dol- We know some groups, particularly
Marine Division, Air-Ground Combat
lars in that particular section—it is some on the top part of this chart,
Center, Twenty-nine Palms, CA. He
$1.135 billion—and we are saying $30 would like to go after United States in- was killed in a tank accident in Iraq on
million of that should go to support terests, given the past and given the March 25. He was from Queens, NY. He
the research and development and get- present situation. was born in Brooklyn and grew up in
ting these prototypes ready, so we I want to read what Chairman MICA
the Maspeth section of Queens. He was
know they can be put on aircraft. said after he came out of an intel-
known to treasure his Puerto Rican
Chairman MICA and I have spent time ligence briefing on this issue: heritage. He is survived by his parents,
talking about this, as well as Senator I went into the meeting somewhat skep- four siblings, and 17 nieces and neph-
SCHUMER. We have come to understand tical. I came out convinced that this is prob-
ably one of the most serious challenges we
ews.
that as we do this research and devel- I have come to this Chamber to
opment, and the price comes down, face in combating terrorism. I think that’s
important. honor our fallen military personnel be-
when the airlines in the future order fore. We now have 20 men who have
new commercial aircraft—and they are Then he said:
died in the Iraqi war who were either
spending up to $150 million a copy—to Since that hearing, I’ve lost some sleep
and have great concern.
from California or who were based in
spend an extra million dollars on that my home State. My State mourns their
is not going to be very much. We are saying this is very important. loss. May these beautiful young Ameri-
So we think this is a very responsible HONORING OUR ARMED FORCES cans rest in peace. May we have a short
amendment. We think it would be fool- Madam President, until Senator war. And may we also pray for the wis-
ish and foolhardy not to begin this SCHUMER comes to speak on my amend- dom of those who sent our young men
work right now, because I can tell you, ment, I wish to pay tribute to five ad- and women into their mission.
God forbid, if a terrorist were success- ditional young Americans who were When we speak about the realities of
ful, or even unsuccessful but came killed in the Iraqi war who were either war and how families will never be the
close to hitting one of our commercial from California or based in California. same, as we take this bill up to make
aircraft, everybody in this body would Sadly, these numbers are growing, and sure we have the best equipped mili-
say: Oh, my God, we had our chance I have tried in every case to read their tary in the world and they have every-
and we blew it. We didn’t do what we names on the floor. thing they need to protect them from
should have done. LCpl Patrick T. O’Day, age 20, was harm, we also need to protect civilians
Whether you look at the fact that from Sonoma, CA, which is not very far from harm, which gets me back to the
these technologies are working on from where I live. He was assigned to amendment that is before the body
military planes, whether you look at the 1st Tank Battalion, 1st Marine Di- today.
the fact that we have enormous warn- vision, Marine Corps Air-Ground Com- We have been warned by the FBI that
ing from the FBI, and we have seen bat Center, Twenty-nine Palms, CA. He the chance of a shoulder-fired missile
this administration begin to move for- was killed in a tank accident in Iraq on being fired at one of our civilian air-
ward, if you put this all together, it March 25. craft is real. We have been warned by
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S4740 CONGRESSIONAL RECORD — SENATE April 3, 2003
the Transportation Security Agency something like this should happen and omy is squishy now. If one of these
that the threat is real. The administra- a shoulder-fired missile would bring shoulder-held missiles were used by
tion has deployed National Guard to down a commercial aircraft. We would terrorists to bring down one of our
various airports in our country to try all say, my God, why didn’t we do commercial airliners, it would send the
to spot one of these individuals with a something? We have the technology. economy due south; we would have
shoulder-fired missile. We know there I yield to my friend for as much time huge problems.
are skeptics who have now come to the as he has remaining before Senator The good news is we can stop this.
conclusion that this is, in fact, a very STEVENS takes time to respond. Yes, it will cost some dollars. But I
real threat to our people. We have Mr. SCHUMER. I thank my col- cannot understand the attitude that we
heard from the travel industry that league. should not spend dollars to deal with
such an attack would be more than The PRESIDING OFFICER. The Sen- something such as this. The Senator
catastrophic, and as we vote more and ator has 61⁄2 minutes. from California is not asking for much.
more funding for our airline industry Mr. SCHUMER. I ask unanimous con- I, for one, would like to see more
because we do not want to lose our air- sent that I be given an additional 5 money. I know if we do this, it will
line industry, we need to take steps to minutes, or 31⁄2 minutes, so I may eventually cost more money, but she is
protect it from further harm as well. speak for 10 minutes, with the consent being extremely modest in the amend-
We have an amendment that ought to of the Senator from Alaska. ment.
get bipartisan support. We have an Mr. STEVENS. Reserving the right To say, against one of the greatest
amendment that is fiscally responsible. to object—I would not object—I con- dangers held for our wonderful people
We are not adding more money. We are sent that Senator BOXER control the in America, that we should not do any-
saying this is a high priority and it time until 5 minutes of 11 a.m., and if thing defies imagination, defies belief.
ought to happen because if we can get we extend that time, we would then We have the technology on our mili-
the cost of these systems down below control the time until 11:15. tary planes, on Air Force One, El Al
$1 million—right now they are about $1 Mr. KENNEDY. Reserving the right Airlines. I have dealt with the former
million a plane. Even that is a small to object—because I understand my top of security of El Al Airlines. They
amount when one considers an aircraft friend just came from the Judiciary have them. They unfortunately know
costs $100 million to $150 million a Committee and some of us want to get what terrorists can do. Yet we are say-
copy. If we can get it even lower than over to the Judiciary Committee, and I ing we should fiddle while terrorism
that, it becomes less and less of a bur- understand Senator BAYH was set to go burns. I don’t get it.
den to both retrofit the older planes, on at 11:05—now we are asking consent The Senator from California and I
the 6,800 planes we have flying now, to move Senator BAYH’s amendment to carefully crafted this amendment,
and make this a mandated safety meas- a later time. along with Congressman MICA from
ure on all future commercial aircraft. Mr. STEVENS. We do not have a Florida, a Republican Member, to
There is a lot of support for this time agreement on Senator BAYH’s make it as modest as possible. I hope
amendment. I just hope the Senate will amendment. He is next in order. The we accept this amendment. No one
put it in place. I think all of us will be Senator asked to extend the time by 5 wants this to be a partisan amend-
able to sleep a little bit better at night minutes, and I asked to extend by 5 ment. Obviously, it is not. However,
because there are folks out there who minutes. That does extend the time one of our jobs is to defend the troops.
want to hurt us. We know that. They when another amendment would be We are doing that by supporting the
look at civilians in a way we have taken up until 11:15; that is correct. President’s request. One of our jobs is
never seen before. On 9/11 we saw that Mr. REID. Madam President, I say to to protect this homeland from the new
just because you are a civilian does not the Senator from Massachusetts, it is scourge of terrorism.
protect you from terrorists. It is our not Senator STEVENS asking for addi- I mourn every day for the families
job to make sure we protect our people tional time, it is Senator SCHUMER. lost on September 11. I wear this flag
from terrorists. Mr. SCHUMER. I will be brief. I with- on my lapel every day in their mem-
I am hopeful Senator SCHUMER will draw my request to accommodate my ory; God willing, I will wear it every
join us shortly. I yield the floor and colleague from Massachusetts. day for the rest of my life. I don’t want
suggest the absence of a quorum. The PRESIDING OFFICER. Does the it to happen again in any way. Spend a
The PRESIDING OFFICER. The Senator withdraw the request? few dollars to make sure that does not
clerk will call the roll. Mr. SCHUMER. I withdraw the re- happen.
The assistant legislative clerk pro- quest. If we ask the American people to line
ceeded to call the roll. The PRESIDING OFFICER. The Sen- up the priorities of all Federal spend-
Mrs. BOXER. Madam President, I ask ator from New York. ing, does anyone think this is at the
unanimous consent that the order for Mr. SCHUMER. I commend my col- bottom?
the quorum call be rescinded. league from California. We all know They say there is no more money or
The PRESIDING OFFICER. Without she is a fighter. She finds issues, fo- maybe it will come out of some exist-
objection, it is so ordered. cuses on them with passion, is able to ing funds. We know what that means
Mrs. BOXER. Madam President, Sen- persuade so many others. The Amer- around here. That means forget it. If
ator SCHUMER is working hard on a ican people are lucky that Senator you cannot earmark it, it does not hap-
major amendment dealing with first BOXER has taken such a leadership role pen. I cannot believe we are not going
responders. I thank the Senator from in defending the homeland. I know the to do this. I can’t believe there is oppo-
the bottom of my heart for all his work citizens of California thank her, but so sition to this. I can’t believe, on some-
on this issue and this amendment. Sen- do the Senators of New York. This is a thing so vital to our security, where we
ator SCHUMER and Senator CLINTON had real danger. have spent billions of dollars to protect
an experience that no other Senator If we had to make a list of how ter- our military planes, that we would not
had. Yes, we had horrific pain in this rorists would go after us, unfortu- apply it to commercial airliners be-
area with the Pentagon being hit. The nately, shoulder-held missiles would be cause in the post-September 11 world,
Senators from this region dealt with at the top of the list. As my colleague those commercial airliners are just as
the pain and suffering and grief, but from California has demonstrated, we much targets as our F–18s and F–16s
Senators SCHUMER and CLINTON saw know they have them. We know al- and B–1s and B–2s.
something they will never forget—none Qaida, the most sinister right now of Please, colleagues, let’s not be in the
of us will, they particularly—and they the terrorist organizations, has tried to ‘‘what if’’ situation.
deal with the fallout of this every day. use them. And there is an FBI state- Let’s not wake up one morning after
When we talked about trying to get ment that says just that. this has occurred and say, What if we
ahead of terrorists and listening to the God forbid this should happen. God had done this? I would plead with my
FBI warnings, the TSA warnings, Sen- forbid the loss of life, the anguished colleagues to support this very impor-
ator SCHUMER said: I want to work families. Would anyone fly for 3 tant amendment.
closely with you on this. God forbid months, 6 months, 9 months? The econ- I yield the floor.
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4741
The PRESIDING OFFICER. The time when we do not know what technology The Air Force has been working in
yielded the Senator from California it is that is best executed if we believe research and development on a system.
has expired. The Senator from Alaska that airliners needed this protection It is being tested on one plane so far.
controls the next 15 minutes. immediately. As a matter of fact, it is too large for
Mr. STEVENS. The Senator from I am not going to take the entire 8 most of our commercial aircraft. We
Alaska controls time at 5 minutes of minutes the Senator from—— don’t know how soon it will be before
11. Mrs. BOXER. Will my colleague we can get technology that can be
Mr. REID. Madam President, par- yield? fielded for civil aviation. There are sev-
liamentary inquiry: Has the time for Mr. MCCAIN. That the Senator from eral systems available that can detect
the Senator from California been ex- Alaska yielded, but I just say this is a the shoulder-fired weapons. However,
hausted? premature amendment. This is an they are not effective on all of them,
The PRESIDING OFFICER. Yes, it amendment that is going to spend $30 and the problem is, if we are going to
has. million for deployment of technology say that our civilian airlines are safe,
The Senator from Alaska. when we do not even know if that tech- to find a system that is safe.
Mr. STEVENS. I yield 8 minutes to nology exists, and if it does, if that is Currently, we have some. As I said,
the Senator from Arizona. the best technology. So that is why I
The PRESIDING OFFICER. The Sen- one of these systems is deployed on
am in opposition to the amendment. commercial aircraft to try to see how
ator from Arizona. Mrs. BOXER. Will the Senator yield?
Mr. MCCAIN. Madam President, I rise effective it might be. These systems
Mr. MCCAIN. I will be glad to respond
to oppose this amendment because it is currently that are being deployed cost
to a question from the Senator from
premature. The amendment is pre- about a million dollars a plane. I just
California.
mature not only in my view but in the Mrs. BOXER. I thank the Senator. I do not see many commercial airlines
view that was held by the Senator from think the Senator makes a very impor- that are ready to put out $1.5 million
California on March 13 in the Com- tant point that I absolutely supported for each plane to try to defend it with
merce Committee when we marked up a study in the committee. Since that a system that is not deemed to be ef-
the cargo security bill. At that time, has occurred, however, two things have fective by the Air Force so far.
the Senator from California said, and I happened. Chairman MICA on the other The Boxer amendment earmarks $30
quote from the record of the hearing of side invited me to a secret meeting. million from within the counter-
the markup: Mr. MCCAIN. Does the Senator have terrorism fund for this project to equip
I have a bill which I am not moving today a question or does she want to use her our commercial airlines with a system
because I think that would require a hearing. own time? to defeat heat-seeking missiles.
But what I thought would be good is that Mrs. BOXER. I was hoping—I don’t This will reduce the fund; the
since the TSA has said they are studying the have any time left. counterterrorism fund has been as-
best way to combat this— Mr. MCCAIN. If the Senator has a sumed to provide additional dollars for
Speaking of protection of the air- question, I would be glad to respond. agencies within that department. One
liners from missile attack— Otherwise, I do not want to use the hundred and twenty million dollars is
but yet we haven’t seen the study, what I time of the Senator from Alaska. assumed in this bill to pay for the pas-
would say in this amendment is to ask them Mrs. BOXER. I do have a question. I senger screeners and other costs in-
to please give us a report on their study to was just going to let the Senator know curred at additionally secured airports.
this committee within 90 days on the best what had happened and then I was
way to defend turbo and jet passenger air-
We have tried to be very discrete
going to ask the question. about this fund. This is not a bill to
craft from these shoulder-fired missiles. What happened at that time was this deal with the problems of commercial
So we adopted the amendment of the threat had been rising and the adminis- airliners. This is a bill to deal with
Senator from California on the cargo tration took action since the time of funding the war. Again, I want to say
security bill that is before the Senate the study that said to all the big air- we have three wars going on, and this
which will be passed by the Senate ports around the country, national is not part of the war. We already have
without any doubt whatsoever. guardsmen will protect against this
I do not know of any living American taken this up in Commerce. We have a
threat. Chairman MICA changed his study coming because of it. I hope that
who does not want to protect our air- mind after those hearings and I became
liners. I do not know of any living bill will pass.
more concerned. That is the reason I share the absolute fear that Sen-
American who does not want to protect why I drafted this to be both a study
all of America, including our borders. ator BOXER reflects in terms of the
and a deployment on just a couple of problem of passenger aircraft having
The fact is that it is proposed to planes.
spend $30 million on R&D and deploy- some defense against shoulder-fired
Mr. STEVENS. Regular order.
ment of technology on commercial air- Mrs. BOXER. I just wanted to know missiles. Again, I wish we could all
liners. I can assure my colleagues that if my rationale made any sense. take a look at ‘‘Blackhawk Down.’’
it is not that easy. It is not that easy Mr. MCCAIN. I thank the Senator for There is no question they are out there
to transfer technology which is adopt- her question, and I appreciate the Sen- and they are very much a fear in terms
ed for military aircraft and then imme- ator from Alaska allowing that time. It of terrorism. But that is what the De-
diately transfer it to civilian aircraft. is still premature and I think that to partment of Homeland Security is for
Obviously, we need some time for the order a study of the background within and that is why the research and devel-
TSA to look at the threat and put the a period of a couple months would be opment money that is in the defense
threat in the scale of the threats that most appropriate. bill that has already been passed this
we face in an order of priority, and the I yield back the remainder of my year, and that research is going on.
best way may not be installing this time to the Senator from Alaska. Madam President, I regret deeply
equipment on airliners. It probably is. Mr. STEVENS. Madam President, I that this is not the way to solve the
But we do not know for sure. All we say to the Senate that as a pilot, al- problem. The problem is going to be
know is that there is a threat, as there most every pilot I know shudders over solved with a study that we have asked
are myriad threats out there to our the thought of weapons that are heat- for of what can be done and the funding
lives and our security, whether they be seeking missiles. I commend the Sen- that would follow that study. I hope it
at reservoirs or nuclear powerplants or ator from Arizona for what he has done gets here in time to deal with it on the
along our borders, or wherever they already on the commitment of trying 2004 bill.
may be. And we do have the ability to get a study. I do not want to leave Again, I do not know anyone else who
perhaps to adopt military technology. the impression here—it is classified, fears these as much as pilots. Pas-
But that has to be studied, as the but there are some commercial planes sengers to a great extent understand
amendment of hers on the bill after that are outfitted for some defenses the problem but you have to be a pilot
discussion in the markup. against some weapons. But all you to understand total consequences of
What type of technology is it? How have to do is think of ‘‘Blackhawk having something that you cannot con-
can we deploy technology immediately Down’’ to know it is not that simple. trol from within the cockpit.
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S4742 CONGRESSIONAL RECORD — SENATE April 3, 2003
It is true we have these systems on that will start at 1:50 p.m. this after- working here at home who will defend
high-performance airplanes. They are noon. the American people against biological
extremely heavy. As I said, they cost I now ask, if it is appropriate, and I attack. That is because it is the same
more than $1.5 million apiece. believe it is, unanimous consent with fight. It is the same war.
Madam President, $1.5 million added regard to the amendment Senator Disarming rogue regimes of weapons
to the cost of a high-performance air- BAYH will offer, that there be 20 min- of mass death, protecting American
plane we are buying for war purposes, utes of debate under the control of the citizens who might be killed by those
that is one thing. This does not affect proponent, 10 minutes under control of weapons of mass death, is the same
that. Those systems have already been myself, and no second-degree amend- fight. We need to make sure that both
perfected under the Department of De- ments in order prior to the vote. I fur- overseas in the military and here at
fense, and they are adequate for our ther ask this amendment, when we are home, in terms of civilian defense, we
needs in defense. finished, and I shall make—I may not do what it takes to defend America’s
I point out in the 12 years we have make a motion to table this—but a national security interests.
flown over Iraq on the so-called CAPs vote in relation to this amendment to Simply put, in the war we are fight-
Program, we have not lost one plane to be taken, if required, at the hour of ing today, the war against global ter-
a heat-seeking missile to my knowl- 1:50, following the Boxer amendment. rorism, rogue regimes, and failed
edge. Mr. REID. Mr. President, I failed to states, the distance between the front
That is military. We are trying to tell the manager of the bill that Sen- lines and the home front is not that
say can we put them into civilian air- ator KENNEDY wants 10 minutes. So it great. We must recognize this fact and
lines? Can we put them into com- would be 30 minutes and whatever time aggressively defend both; otherwise,
muters? What size do we need? you want to respond to that. the American people may suffer.
It is a research program. I don’t We are now involved in a great con-
Mr. STEVENS. I have no objection.
know how long it would take. I was flict in Iraq. This conflict has, as its
The Senator has been waiting to speak.
told at one time it would take up to 2 genesis, our desire to avoid another
I am pleased to amend my request that
years to develop this system. But we tragedy like September 11, only this
there be 30 minutes under the control
should approach this action from the time involving weapons of mass de-
of the proponents and 10 minutes under
point of view of research and develop- struction and casualties and loss that
my control.
ment first and not a mandate, and par- could be far greater.
The PRESIDING OFFICER. Is there
ticularly not take money out of the We suffered 3,000 fatalities on Sep-
bill as it is right now. objection to the unanimous consent re-
quest? Hearing none, it is so ordered. tember 11, worse than the attack on
We do have, by the way, some of
AMENDMENT NO. 474 Pearl Harbor, the greatest loss of life
them that are applicable to the com-
Mr. BAYH. Mr. President, I have an in our country since the Civil War.
mercial system. It is dealing with a
amendment at the desk. I ask for its But I rise today to say that, unfortu-
laser system. That system will be
immediate consideration. nately, much worse can happen. Weap-
available for installation in commer-
The PRESIDING OFFICER. The ons of mass death—let us call them
cial airlines by fiscal year 2006, under
clerk will report. what they are because they seek to de-
the current system. As I said, we are
The assistant legislative clerk read stroy not buildings or physical prop-
trying to accelerate research and de-
as follows: erty but people—weapons of mass
velopment and ability to defend small
death capable of inflicting losses of
aircraft and helicopters. There just is The Senator from Indiana [Mr. BAYH], for
none available today that can do that, himself, Mr. NELSON of Nebraska, Mr. SCHU- catastrophic, even Biblical proportion,
that are affordable. MER, Ms. STABENOW, Mrs. CLINTON, and Ms. now roam the international landscape.
I reluctantly agree with the chair- MIKULSKI, proposes an amendment numbered Biological weapons in particular can
man of our committee. I believe the 474. unleash pathogens capable of slaugh-
language in the Cargo Security Act Mr. BAYH. I ask unanimous consent tering millions, rending civil society
that was the product of Senator the reading of the amendment be dis- itself and spreading terror and fear,
BOXER’s efforts on the Commerce Com- pensed with. and perhaps starting a new Dark Age.
mittee should be allowed to go forward. The PRESIDING OFFICER. Without I do not overstate the case. Not so
We should study this important issue. objection, it is so ordered. long ago, I tell my colleagues, there
But we should not be taking money The amendment is as follows: was something called Operation Dark
from other homeland security efforts (Purpose: To provide funding for grants to Winter that was conducted by a variety
and directing it be spent on pilot States for smallpox and other bioterrorism of entities, including the Center for
projects for systems that have not yet inoculation activities) Strategic and International Studies.
been demonstrated to be effective. On page 38, after line 24 add the following: Operation Dark Winter sought to an-
We are monitoring this. I say in all SMALLPOX AND OTHER BIOTERRORISM
ticipate what might happen if smallpox
sincerity, I think the Commerce Com- INOCULATION ACTIVITIES were introduced into the ventilation
mittee has Senators on both sides of For additional expenses necessary to sup- systems of three shopping malls in dif-
the aisle who are committed to fol- port grants to States for smallpox and other ferent States across our country.
lowing this through, to finding the best bioterrorism inoculation activities, Within 13 days, the disease had
way to defend passenger aircraft from $340,000,000, to remain available until Sep- spread to 25 States. After 60 days, 3
shoulder-fired missiles. tember 30, 2004: Provided, That this amount is million cases of smallpox had been di-
This is not the way to do it. Reluc- transferred to the Centers for Disease Con- agnosed and more than 1 million Amer-
trol and Prevention. ican citizens—1 million were antici-
tantly, I do move to table the amend-
ment. Mr. BAYH. Mr. President, I offer this pated to die from the outbreak. That is
I ask unanimous consent the Boxer amendment on behalf of myself, Sen- just how bad it can get.
amendment, amendment No. 472, be set ator NELSON of Nebraska, Senator Colleagues, the threat is not theo-
aside until the hour of 1:50, and at that SCHUMER, Senator STABENOW, and my retical. As we saw in this very Cham-
time the Senate proceed to a vote in distinguished colleague, Senator MI- ber with the anthrax outbreak of a
relation to the amendment with no sec- KULSKI. year ago, the threat of biological weap-
ond-degree amendments in order to the I offer this amendment because of my ons is all too real, all too tangible. Our
amendment prior to the vote. I further conviction that just as we spare no ex- intelligence services estimate the
ask unanimous consent there be 2 min- pense ensuring our military men and chances of a nation such as Iraq pos-
utes of debate equally divided imme- women in the field have the tools with sessing smallpox are about 50–50. Other
diately prior to that vote. which to defend themselves, have the nations have it, too.
The PRESIDING OFFICER (Mr. EN- tools with which to disarm rogue re- Terrorist groups such as al-Qaida and
SIGN). Without objection, it is so or- gimes that possess weapons of mass de- Ansal al-Islam and others are working
dered. struction so we can protect the Amer- feverishly to obtain chemical and bio-
Mr. STEVENS. I want to announce ican people, we also need to give those logical weapons. Since smallpox is the
that will be the first vote in a sequence tools to the brave men and women worst case scenario when it comes to a
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4743
biological outbreak, we have to assume It is strapped for money. So States have not been provided to meet this
that smallpox would be near the top of simply are not in a position to step in threat, as the House of Representatives
their list when it comes to obtaining a and provide resources to fill in the has recognized, as the Governors of the
biological capability to attack the gaps. 50 States have recognized in their
United States here at home or abroad. If this need is going to be met, if this State plans, saying that inoculating 4
The administration itself has recog- threat is going to be met, if our people million first responders is what is nec-
nized the threat. The President himself are going to be protected at this hour essary to truly protect the American
was inoculated against smallpox to of national crisis, at this hour of State people.
great fanfare. The recommendation fiscal crisis, it is the Federal Govern- The administration has done precious
last December by the administration ment that must step up and protect the little along these lines. Not enough in
was to inoculate up to 10 million first national security interests, the health the way of resources has been provided.
responders—10 million—to ensure that and well-being of the American people, Regrettably, responding to this need is
our country was in a position to mini- because we are the only level of gov- not inexpensive. The National Associa-
mize this threat, God forbid, should it ernment that is in a position to do so. tion of County & City Health Officials
reach our shores. Unfortunately, while Next, the response proposed by the estimates that, at a bare minimum, it
the rhetoric has been right on, the re- administration falls short of past re- takes $85—and, in fact, recent experi-
sources and the actual response have sponses in similar cases. My colleagues ence suggests far more—it takes $85 per
been left wanting. might be interested to know that in case to screen, inoculate, and monitor
The response to date ignores the fact 1947, responding to a single outbreak of the results of the inoculation per indi-
that there are many other pressing smallpox in New York City, 6,350,000 vidual inoculated. That is the least
needs when it comes to protecting the citizens were inoculated, including case scenario. So taking the lowest
American people against a biological 500,000 in a single day—in a single day. cost estimate, multiplying by the 4
attack. Smallpox is only one of the po- Yet there is nothing for smallpox in- million first responders that the Gov-
tential risks. Inoculating our people oculation in this bill. Clearly, based ernors and States, regardless of party,
against smallpox is only one of the upon past response, the current steps indicated need to be inoculated, that is
steps that must be taken. We simulta- are inadequate and, hence, the amend- how we reached our estimate of $340
neously must move forward with ex- ment is necessary to supplement our million being the bare minimum need-
panding our lab capacity so we can efforts. ed to help protect the American people
analyze the cases as they come in so we Finally, along these lines, the House against this threat.
know what we are dealing with. Is it a of Representatives—not known for re- Finally, 58 percent of local officials
plague? Is it smallpox? Is it botulism? sponding overzealously to concerns indicate that smallpox inoculations are
What is the pathogen that is killing such as this, known to want to keep a now hurting their other bioterrorism
Americans? How do we treat it? What firm grip on the purse strings—has rec- efforts. I would ask my colleagues,
should be our next steps? ognized that the emergency supple- What do we leave the American people
Having a lab capacity is critically mental is inadequate and has proposed vulnerable to? If we emphasize small-
important. We have to improve the an additional $94 million to help ad- pox, do we choose to leave them vul-
communications systems between the dress this need. While $94 million is nerable to anthrax? Do we choose to
Federal level, the CDC, State labora- itself inadequate—the $340 million we leave them vulnerable to another
tories, and local hospitals because if propose in our amendment is the cor- pathogen that is capable of killing mil-
there is not an effective communica- rect response to inoculate 4 million lions of people? That is simply not the
tion system, the response will break people who the States have said are responsible course of action. Yet it is
down and people will die as a result. necessary to inoculate—at least the the course we are on if we do not adopt
Finally, we need better health moni- House of Representatives has taken a this amendment.
toring at the local level so we can tentative initial step in recognizing the In closing, let me say that my posi-
judge the ebb and flow of systems and very real need. tion in this amendment, offered by my-
analyze exactly what it is we are deal- If we are going to meet this threat, self, Senator MIKULSKI, and others, is
ing with so we know how to respond the response to date proposed by the not a partisan position. I have with me
and save people’s lives. administration, however well intended, an article from the Washington Post of
The response to date ignores all these is simply inadequate to meeting the 2 days ago, indicating the very pressing
other pressing needs competing for very real potential threat, the disas- needs that States face in this arena.
scarce resources, leaving the very real trous potential threat facing the Amer- It quotes several Governors, includ-
possibility that either protecting the ican people. That is why we have pro- ing Governor Pataki of New York, Gov-
Nation against smallpox will be left posed action. ernor Huckabee of Arkansas, and oth-
wanting or that these other critical I will spend a couple of moments ad- ers, to the effect that States and cities
needs will be left wanting. That is a dressing what the potential arguments are simply not being provided with the
choice we should not be forced to against our amendment might be. I resources they need from the Federal
make. know some might suggest this is sim- Government. I quote:
The response also ignores the very ply more social spending. That is sim- [G]overnors and mayors of both parties de-
language of the emergency supple- ply not the case. This money will save clared [the funding is] inadequate.
mental, which states explicitly that lives. We have been attacked, as we all Our States and cities deserve better
the funds can only be used for equip- know. As we all know, terrorists are from us than that.
ment and training, that they cannot be planning further attacks. We know Finally, I have letters that I will
used for inoculation—they cannot be they are desperately seeking weapons have printed in the RECORD from city
used for inoculation. So even if enough of mass death, including biological and local health officials, including the
money had been provided to help de- weapons. We know that smallpox is the American Nurses Association, who in-
fend against smallpox, by the very worst case scenario, and that in all dicate that our exposure to the West
wording of the supplemental, the funds likelihood they are attempting to get Nile virus and the recently discovered
cannot be used for the most pressing it. SARS respiratory problem will be
need, to ensure that first responders, This money is needed. It is not sim- much, much worse because of their ef-
who might be infected, are inoculated ply just more social spending. It is forts to fight smallpox, if we don’t pro-
against smallpox, protecting both them needed to save lives, and to save lives vide the additional funding so they
and others with whom they might have now. It would be irresponsible not to don’t have to confront the dilemma
contact. ensure that we are protecting against they are confronting: Do they protect
Third, the response to date ignores this threat because we know how real against smallpox or some other cause
the very real, pressing fiscal crises con- it can be. of death? We should not leave them in
fronting our States. I just came from a Secondly, the argument that enough that lurch.
meeting with my own Governor. Indi- resources have already been provided is In conclusion, this is a pressing prob-
ana, as other States, is facing a deficit. simply not accurate. Enough resources lem. It is a single war: The war abroad
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S4744 CONGRESSIONAL RECORD — SENATE April 3, 2003
to disarm rogue nations, to protect us lic health agencies smallpox vaccination ally implement the crucial education,
from weapons of mass death, and the range from $154 to $284 per person, with an prescreening and surveillance programs.
war here to protect America from average of $204 per person. These do not in- Sincerely,
clude costs to states or to other entities, ROSE GONZALEZ, MPS, RN,
those same sources of threats. They Director, Government Affairs.
such as hospitals or police or fire depart-
both deserve our attention and fund- ments.
ing. That is the purpose of this amend- NACCHO is deeply concerned that it is AMERICAN FEDERATION OF STATE,
ment. I am pleased to offer it on behalf dangerously short-sighted to devote our re- COUNTY AND MUNICIPAL EMPLOY-
of myself and my colleagues today. sources for public health preparedness to a EES, AFL–CIO,
Mr. President, I ask unanimous con- single potential agent. We cannot anticipate Washington, DC, April 1, 2003.
sent to have relevant material printed what agents might be used by a bioterrorist. DEAR SENATOR: On behalf of the 1.3 million
Moreover, we remain highly vulnerable to members of the American Federation of
in the RECORD. State, County and Municipal Employees
natural disease outbreaks, including West
There being no objection, the mate- Nile virus and the newly-discovered Severe (AFSCME), I am willing to urge you to sup-
rial was ordered to be printed in the Acute Respiratory Syndrome, that have a port amendments to the supplemental appro-
RECORD, as follows: potential to cause more illness and death priations bill that will increase funding for
NATIONAL ASSOCIATION OF than would occur in many bioterrorism sce- homeland security. In particular, we urge
COUNTY & CITY HEALTH OFFICIALS, narios. We believe that we must build our you to support an amendment to add $4.3 bil-
Washington DC, April 2, 2003. public health systems so that they are well- lion for funding the ‘‘first responders’’ that
Refunding for smallpox vaccination. staffed, effective and adaptable. We should will be offered by Senators Schumer, Clinton
avoid building separate systems for specific and Mikulski. We also urge you to support
Hon. EVAN BAYH
diseases; they will tax our resources, and un- an amendment for $340 million for combating
U.S. Senate,
less we use them day in and day out, they bioterrorism to be offered by Senator Bayh.
Washington, DC. The cost of shoring up the nation’s secu-
DEAR SENATOR BAYH: The National Asso- won’t work well when they are really needed.
We must also achieve preparedness specifi- rity needs has placed an enormous burden on
ciation of County and City Health Officials state and local governments, particularly
(NACCHO) is committed to preparing the na- cally for smallpox, which has the unique fea-
ture of requiring vaccination of a number of New York City, Los Angeles and other juris-
tion to respond to an outbreak of smallpox, dictions that face the greatest security
should such a terrible event ever occur. public health and medical personnel, but we
cannot afford to sacrifice other improvement threat. Reduced revenues from a slow econ-
Therefore, we strongly support additional omy, increased human needs and increased
funding for the large, unanticipated costs in that process.
We appreciate your leadership and concern security needs have stretched state and local
that state and local public health agencies governments beyond their capacity. Today,
for public health protection and look forward
are incurring to implement the President’s states face their gravest fiscal crisis since
to working with you to ensure that the pub-
smallpox vaccination program. Nearly 80% of World War II. If the nation is to be secure, it
lic health system is able to improve pre-
local public health agencies already report is imperative that the Congress help state
paredness for all public health threats and
that they are diverting resources from over- and local governments improve security by
emergencies, in addition to smallpox.
all bioterrorism preparedness to work on providing more federal resources for first re-
Sincerely,
smallpox vaccination. This situation is sponders.
PATRICK M. LIBBEY,
unsustainable and threatens to undermine The amendment to be offered by Senator
Exeuctive Director.
our nation’s ability to improve public health Bayh will provide resources so that state and
preparedness for other acts of biological, local health departments can implement the
AMERICAN NURSES ASSOCIATION,
chemical, or nuclear terrorism. President’s smallpox vaccination program
April 2, 2003.
Existing federal funds for bioterrorism pre- DEAR SENATOR: On behalf of the American safely. Public health officials have estimated
paredness are neither available nor sufficient Nurses Association (ANA), I am writing to that the cost of each vaccination will aver-
to pay for both smallpox vaccination and urge you to support the amendment offered age $204. New resources are needed to carry
other bioterrorism planning and prepared- by Senator Bayh to the supplemental appro- out the smallpox program without diverting
ness work that is already underway. Con- priations bill. This amendment will provide resources away from other bioterrorism pre-
gress appropriated $940 million in FY2002 and paredness and core public health activities.
resources so that state and local health de-
$940 for FY2003 to help states and localities Since September 11, the nation has come
partments can safely implement the small-
improve their capacities to respond to public to realize that it has numerous
pox vaccination program. vulnerabilities to terrorist attack. These
health threats and emergencies. The Depart- The ANA is the only full-service associa-
ment of Health and Human Services made vulnerabilities must be addressed through a
tion representing the nation’s RNs through
the first $918 million available to the states national commitment to improve homeland
our 54 state and territorial constituent mem-
in June 2002. This disbursement of federal security. Accordingly, we urge you to sup-
ber associations. Our members are well rep-
funds occurred in a timely and responsible port amendments to increase funding for
resented in the Administration’s plan to vac-
fashion and states were directed to spend homeland security, and in particular the two
cinate 10.5 million health care workers and
these funds in five different areas of public amendments to be offered by Senators Schu-
first responders.
health preparedness. Neither HHS nor states mer, Clinton and Mikulski and by Senator
Sufficient funds must be appropriated to
and localities contemplated undertaking Bayh.
the states to support robust education,
smallpox vaccination at that time and funds Sincerely,
prescreening and surveillance of the poten-
have been programmed and obligated to im- CHARLES M. LOVELESS,
tial recipients of the vaccine. The recent
prove overall preparedness in multiple ways, Director of Legislation.
death of a Maryland nurse, a Florida nurse
pursuant to HHS’ guidance to the states. aide and a National Guardsman only under- The PRESIDING OFFICER. The Sen-
The Administration announced a smallpox score the need for aggressive medical screen- ator from Massachusetts.
vaccination program six months later and ing, monitoring and treatment. Nurses and Mr. KENNEDY. Mr. President, how
has expected states and localities to pay the other first responders will continue to feel much time do we have on our side?
costs of this program from the FY 2002 bio- uncomfortable about the vaccine until they The PRESIDING OFFICER. Sixteen
terrorism funds they had received. This ex- receive the reliable information needed to and a half minutes.
pectation is unrealistic for two reasons. make an informed decision. Mr. KENNEDY. Sixteen and a half
First, as is the case with any federal pro- Members of the armed services have re-
gram, the sums that states have spent ac-
minutes.
ceived personalized education and free and
cording to HHS records do not reflect plans
The PRESIDING OFFICER. Sixteen
confidential prescreening prior to the admin-
and obligations that have already been un- istration of the vaccine. This process prop-
and a half minutes.
dertaken and cannot be reversed either for erly screened out one-third of the potential Mr. KENNEDY. Mr. President, I ask
legal or practical reasons. Second, the costs recipients. Unfortunately, existing Federal unanimous consent to have that di-
of smallpox vaccination are proving to be far funds for states to conduct a proper vaccina- vided between myself and the Senator
greater than had been anticipated. Smallpox tion program have been exhausted. The Na- from Maryland.
vaccination is not like giving flu shots in the tional Association of County and City Health The PRESIDING OFFICER. Without
local mall. Extensive advance planning, Officials (NACCHO) estimates that state and objection, it is so ordered.
training, and consultation in the community local health offices are incurring a cost of Mr. KENNEDY. Mr. President, I
are necessary. Delivering the vaccine re- $204 per person vaccinated. These expendi- would like to retain a minute of my
quires careful screening and counseling. Fol- tures are diverting needed health resources time, if the Chair would inform me.
low-up to assure a proper ‘‘take’’ and to pre- away from other important bioterrorism and This country has given focus to the
vent secondary transmission of vaccinia is public health activities.
essential, as are design and implementation Once again, the ANA urges you to support battle on the war on terrorism in a va-
of systems to track adverse reactions. the Bayh amendment to the supplemental riety of different ways, but one area
NACCHO has found that costs for smallpox appropriations bill. These funds are critical which is enormously important is the
vaccination being incurred now by local pub- to ensure state and local officials can actu- threat we are facing from bioterrorism.
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4745
We enacted legislation even prior to My friend and colleague from Indiana Ms. MIKULSKI. Mr. President, I rise
9/11 that was very helpful and impor- has indicated it costs about $80. Actu- as a proud cosponsor of this amend-
tant at that time. We have enacted leg- ally, according to better estimates, it ment that would provide $340 million
islation subsequently, and next week is about $200. I will put that in the to State governments to do important
we are going to be enacting legislation RECORD. I thank him for offering this education, screening, and monitoring
which will support the President’s amendment. The President’s program in the delivery of the smallpox vaccine
commitment for some $6 billion that is asking 10 million people in phase 2 of program.
will be used to develop vaccinations in the immunization program, 10 million I would like to share with my col-
anticipation of the threat we will be people. Under the Bayh program you leagues a story. One of my constitu-
having overseas by these very dan- get coverage for about 4 million. It is a ents, who lives on the Eastern Shore of
gerous pathogens that are being devel- very modest program. That is $85. It is Maryland, died last week from a heart
oped. done cheaper in the military because attack 5 days after she received the
Now we have smallpox and anthrax they have the trained personnel to do smallpox vaccine. I am not drawing a
that are dangerous to this country. it. conclusion that the two are linked. We
People in this city have certainly wit- By and large, public health officials will leave that to the appropriate med-
nessed the dangers. Families have been believe if we are going to have a moni- ical and public health officials to de-
impacted and affected because loved toring program—and we have seen in
cide. But let me tell you the story. She
ones have lost their lives because of this past week how important that
was 55 years old. She just got her nurs-
the dangers of anthrax. monitoring program can be, because if
ing degree after having another degree.
This amendment is meant to provide you have these kinds of vaccinations
She wanted to get her nursing degree
help to local communities to make going to individuals who have some
because the lower Eastern Shore of
sure they have an effective vaccination kind of heart complication and dif-
Maryland is an underserved health
program, period. There are a number of ficulty, it can cause death. That is why
community in terms of doctors and
different features in the war dealing the monitoring is so important. We
nurses.
with bioterrorism. One is to make sure want to make sure we have a program
that will be put in place. She is a Native American. She is a
we have the people on the ground who proud descendant of the Assateague
are trained, supported, who have the Today it is suspended by 10 States.
Ten States are not doing it because tribe. Her name is Andrea Deerheart
ability to screen, have the vaccines, Cornitcher. She wanted to volunteer
and will do the followup work if we ex- they don’t think the program itself has
been set up in a way which can provide for the smallpox vaccine so she could
pect this program to take off. serve her community, serve her coun-
Secondly, we have to have a com- adequate protection to the individuals
who need it. try in the event of a smallpox attack.
pensation program that will be avail- She was ready to do anything she need-
I hope our friend and colleague on
able to provide help to these individ- ed to when she was called.
the Appropriations Committee will be
uals if there is an adverse reaction.
willing to accept this amendment. It is When I spoke to her husband, filled
Why this is so important is these first
a bare-bones amendment. I remind the with grief and melancholy, I asked him
responders, when they signed up for
Senate what happened yesterday in the what he wanted to tell me and, if he
their job, didn’t think they were tak-
Human Resources Committee when we could come to the floor of the Senate,
ing on the additional responsibility of
were dealing with the compensation what would he tell us. He said: Sen-
dealing with terrorism. Now we are
program. Our friend and colleague, ator, tell your colleagues, and if you
asking them to do that. We are asking
Senator MIKULSKI, made an impas- have a chance to talk to the President,
them to do something in addition.
In some instances, with some vac- sioned statement about what happened tell him, people are ready to volunteer,
cines, they will be risking their lives, to a particular individual in her State but they have to have a right to know
because we know a certain number of with this vaccination program. It was what they are getting into. They have
them are going to die and a certain accepted unanimously, by Republican the right to know how safe the vaccine
amount of them will have serious dis- and Democrat, that there should be ad- is. They have to know how safe they
abilities as a result of taking the vac- ditional resources to make sure if we will be if they get the vaccine. We need
cine. That is the vaccination com- go ahead with this immunization pro- education. We need screening. I might
pensation program. That is not on this gram—I am strongly committed that add, we need monitoring and surveil-
bill. we do—it is done wisely and right. lance, so that if you sign up to be part
The amendment offered by Senator of the bioshield warriors, you will have
What we are talking about here is
BAYH and Senator MIKULSKI and oth- ongoing monitoring and biosurveil-
making sure individuals in local com-
ers—I ask unanimous consent to be lance to make sure there are no phys-
munities are going to have the re-
added as a cosponsor, if I am not—is an ical or other repercussions from this.
sources to resist any bioterrorism that
absolutely essential part on the war on That is what Mr. Glenn Standing
comes their way in the form of anthrax
terrorism. Bear Mayo asked. He said, the way I
and smallpox. To do it, you have to The PRESIDING OFFICER. Without
give support to local communities. want to honor my wife, the way we
objection, it is so ordered. ought to protect America, is to make
This legislation before us does not do Mr. KENNEDY. Fighting against the
it. There is no funding whatsoever. sure we protect the volunteers. The
dangers of bioterrorism is a key aspect way to protect the volunteers is
There are billions for our soldiers and on the war on terrorism. To do that,
our sailors, and all of us are for that, through education, better and more
you need to have two components: One, amplified screening, and ongoing moni-
but it does not provide any resources. you need a compensation program; sec-
I say that against this following toring and surveillance.
ondly, you need to be able to get that
background. Last year we cut support You cannot do this on the cheap.
program of vaccinations out there. It is
for our hospitals by $1.9 billion. Those Public health departments are already
not getting out there now. It is putting
were cuts in the Medicaid program and too great a strain on local public stretched to the breaking point.
also in what we call graduate medical health officials. We should give them They are now foraging for funds to be
education. We provided $500 million for assistance to make sure we have the able to meet a Federal mandate to re-
them under the battle of bioterrorism, very best. We want the best for our cruit, screen, and do smallpox vaccina-
but they still lost $1.4 billion in cuts to service men and women fighting in tions for our first responders who are
the hospitals. We say we have already Iraq, and we want the best for our first volunteering. This takes $85 per screen-
provided sufficient funding for these responders whose lives are at risk. This ing. They don’t have it. They are tak-
hospitals. I will not take the time now, amendment will ensure they will re- ing money from other funds—from ma-
because it is short, to read into the ceive the best in terms of support in ternal and child health, West Nile
record what the hospitals are saying, local communities. virus, or being prepared in case SARS
not just in my State but all over the I withhold the remainder of my time. comes to the United States.
country, the pressure they are under to The PRESIDING OFFICER. The Sen- This is a very modest amount to put
try to get the programs started. ator from Maryland. into the Federal checkbook. It doesn’t
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S4746 CONGRESSIONAL RECORD — SENATE April 3, 2003
even deal with the larger issue of com- out this additional funding, vacci- the Senate who has taken the smallpox
pensation that we will debate at an- nating against smallpox is essentially vaccination again. I have had it many
other time, an appropriate time. an unfunded mandate to the States. times in my life. Going back, as a 19-
I salute the Senator from Indiana for As any biological attack would cer- year-old, I first got it when I was ad-
advocating this. I advocated it in the tainly be a Federal priority, it is both mitted to the Army.
authorizing committee just yesterday. unfair and ineffective not to provide There are some 4 million responders
It was accepted by the committee. The Federal funds to prepare for the possi- who could be vaccinated under this
committee knows this is important. bility. A virus will not stop at State amendment, as I understand it. The
Now is the time to make it a reality by lines. Our efforts to prevent the spread figure that has been used by Senator
putting screening, testing, and moni- of a devastating illness should be na- BAYH is $85 per person. The current
toring into the Federal checkbook. tional in scope, as should be the fund- costs range somewhere from $20 to $284
So I really ask my colleagues: If the ing to pay for it. a person, depending on who does the es-
volunteers are going to have enough I commend the Senator from Indiana timates. The administration’s current
confidence to participate in the pro- for introducing the amendment. estimate is that it would cost $13 per
gram, they need to know what they are The PRESIDING OFFICER. Who person to deal with 4 million respond-
getting into, and they need to be prop- yields time? There are 3 minutes 45 sec- ers. There are already funds allocated
erly screened. They need to know that onds remaining on the Democratic to health departments, and I believe we
they will be monitored and that there side. should take this up in the regular bill
will be surveillance to protect them as Mr. BAYH. Mr. President, I want to when we go to the 2004 bill.
they line up to protect America. They make two or three brief points in con- I remind the Senate that this bill is
also need to know that there is a safety clusion. The emergency supplemental for the period from now until Sep-
net for an adequate and responsible contains funding for fatalities that tember 30. We are not going to appro-
compensation program. This amend- might result from vaccination. But priate moneys beyond September 30 un-
ment does not deal with compensation, there is no funding specifically tar- less, on a bipartisan basis, we find it is
but it deals with funding the usual and geted to preventing those fatalities necessary. So far, it has not been nec-
customary public health protections. It through screening. It seems to me this essary. There are other health needs,
says that people have a right to know, is an irony we should address and do such as TB, West Nile virus, and HIV.
they have a right to be heard about address in this amendment—money for Now we have this terrible situation
their concerns, and they have a right fatalities from vaccinations but not re- coming out of China.
to be protected. sources to prevent those fatalities. There is no question that many peo-
On behalf of Andrea Deerheart Secondly, as my colleagues pointed ple are interested in this subject, and I
Cornitcher, I offer this amendment out, money is being literally taken can state without any question that
with my colleagues to the Senate. away from working against the West our leader, Dr. FRIST—Senator FRIST—
I yield the floor. Nile virus, against SARS, and against is very interested in that subject. So I
Mr. NELSON of Nebraska. Mr. Presi- other potential causes of fatalities. We merely state that I wish to discuss the
dent, I rise today in support of the could leave America vulnerable to amount of this amendment with the
amendment of my good friend from In- other sources of sickness and death if Senator from Indiana. I do not believe
diana that will help State and local this amendment is not adopted. we should put up more money than is
health departments pay for the cost of The goal here is to prevent fatalities necessary for this fiscal year. We
administering the smallpox vaccine. abroad in our fighting men and women should process the moneys for beyond
The threat of terrorism, both foreign and here at home, directly or indi- this fiscal year in the normal bill. I
and domestic, is real and should not be rectly. Without the adoption of this will be very pleased to discuss that
taken lightly. We prepare for these amendment, fatalities will result ei- with him.
threats by preparing our first respond- ther from smallpox or from other po- I have no request for Senators to
ers—including our health care profes- tential pathogens left wanting—West speak on this side. I hope we will have
sionals. Whenever and wherever disas- Nile, SARS, and others—because re- a portion, at least, of Senator BAYH’s
ters have struck, health care profes- sources are being taken away from amendment in this bill for fiscal year
sionals have responded selflessly by those for inoculations against smallpox 2003, and I reserve a sufficient time to
lending their skills, time, and expertise because the resources are not avail- make a motion on or in relation to this
to help victims and their families. Now able. That is why there is a pressing amendment, if that is necessary. I hope
we are asking them to safeguard the case for adopting this amendment. it will not be necessary.
health care infrastructure by being I thank my colleagues for their sup- I am prepared to yield back the re-
vaccinated against smallpox. The least port, and I urge its immediate adop- mainder of my time and listen to the
we can do is make sure that the funds tion. Senator from Massachusetts.
are available to provide the vaccina- Thank you. The PRESIDING OFFICER. The Sen-
tions. The PRESIDING OFFICER. Who ator from Massachusetts is recognized.
The vaccinations are more expensive yields time? Mr. KENNEDY. How much time re-
than anticipated. Vaccinating against Mr. KENNEDY. How much time re- mains?
smallpox is not like giving flu shots. mains? The PRESIDING OFFICER. One
Preparation and training is needed to The PRESIDING OFFICER. You have minute 40 seconds.
administer the vaccine by trained pro- 2 minutes. Mr. KENNEDY. Mr. President, I have
fessionals who must be able to care- Mr. KENNEDY. We will reserve our been briefed by the Department of De-
fully screen vaccine recipients for po- time. fense. The cost for the military is
tential adverse reactions. Followup is Mr. STEVENS. Mr. President, I can about $28 or $29. They have done a very
also needed to check on health status. yield to the Senator from Massachu- effective program. The National Asso-
All of this takes time and resources. setts or proceed now, at his request. ciation of State and County Officials
My State of Nebraska has already vac- Mr. KENNEDY. Is the Senator pre- estimates it is $150 to $284. Senator
cinated 2500 workers at a cost of about pared to yield back, or is the Senator BAYH is down to $85. There is zero in
$140 per person for a total of $350,000. going to talk? I would like to respond. the bill at the present time.
The resources to pay for and admin- Mr. STEVENS. All right. I yield my- The first responders we are talking
ister these vaccinations have been di- self such time as I may use. I don’t about are at the cutting edge of defend-
verted from other important bioter- think I have a request from anybody ing the country against a bioterror at-
rorism preparedness activities. The fi- else on this side. tack. I don’t believe we ought to make
nancial assistance provided in this I compliment the Senator from Indi- the case in Washington, DC, when we
amendment will allow States to dually ana on this amendment. The House has have seen Americans die as a result of
safeguard against smallpox without di- $94 million in a smallpox vaccine fund. anthrax. If you are going to have an ef-
verting funds ‘‘from other important I have a little conflict of interest here fective program, you are going to have
bioterrorism preparation efforts. With- because I am one of the few Members of to support local communities to be
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4747
able to implement that program. That The PRESIDING OFFICER. Without identified after the first gulf war being
is what this amendment provides. It is objection, the pending amendments are filled by Public Law 105–368 which as-
a very modest amendment. set aside. The clerk will report. sured that combat veterans are eligible
The President of the United States The senior assistant bill clerk read as for VA care for 2 years after discharge
says he wants, initially, 400,000 immu- follows: or separation from active duty, and it
nized, and then he wants 10 million. The Senator from Florida [Mr. GRAHAM], also extended this coverage to include
There is zero money to accomplish that for himself, Mr. KERRY, Ms. MIKULSKI, Mrs. reservists and National Guard per-
in the supplemental. We believe there MURRAY, Mr. DORGAN, Mr. DAYTON, Mr. sonnel, so that today any
DASCHLE, Mr. JOHNSON, Ms. LANDRIEU, Mr. servicemember who participates in a
is a sense of urgency and we ought to LAUTENBERG, Mr. BINGAMAN, Mrs. CLINTON,
do it now. That is what the Bayh Mr. BIDEN, Mr. EDWARDS, Mr. ROCKEFELLER,
theater of combat is eligible for free
amendment does. That is why a very Mr. AKAKA, and Mr. NELSON of Florida, pro- VA health care for 2 years after separa-
modest downpayment is called for in poses an amendment numbered 459. tion or release from active duty.
this amendment. I hope this will be ac- Mr. GRAHAM of Florida. Mr. Presi- I emphasize, this is not discre-
cepted. dent, I ask unanimous consent that the tionary. We are not talking about an
Mr. STEVENS. Mr. President, for fis- reading of the amendment be dispensed item that we can decide to omit. These
cal year 2004, this provides $3.7 billion with. veterans have a congressionally sanc-
for biodefense, and $940 million is in- The PRESIDING OFFICER. Without tioned right, an entitlement to these
cluded for grants to States and local objection, it is so ordered. VA health services.
health departments. Those depart- The amendment is as follows: On March 19, 2003, the United States
ments already have funds to implement (Purpose: To appropriate an additional committed itself and our sons and
a vaccination strategy. There is no $375,000,000 for the Department of Veterans daughters to a second gulf war, this
need to add more money here for State Affairs for Medical Care for costs of med- time in the country of Iraq. The Senate
and local health departments. ical care for certain veterans of the cur- supported this second war. Now the
I am willing to discuss the amounts rent conflict in Iraq) Senate must provide support for them.
necessary for the vaccine. Again, I re- At the appropriate place, insert the fol- We owe it to them to make certain
lowing: they have the proper equipment to win
serve my right to reserve sufficient
time that I might make a motion on or DEPARTMENT OF VETERANS AFFAIRS the war, and we also must take care of
in relation to the amendment, if nec- VETERANS HEALTH ADMINISTRATION these men and women when they have
essary, when the voting starts at 1:50. MEDICAL CARE completed their duty to our Nation.
For necessary expenses for the mainte- This is why I rise today to offer an
I yield back the remainder of what-
nance and operation of hospitals, nursing amendment to provide to the Veterans’
ever time I have. I believe the Senator homes, and domiciliary facilities; for fur- Administration $375 million in funding
from Florida is here to offer the next nishing, as authorized by law, inpatient and to provide for the care that we are obli-
amendment, Mr. President. outpatient care and treatment to bene- gated through the VA to make avail-
Mr. REID. Mr. President, before the ficiaries of the Department of Veterans Af-
able to returning troops. This is a
Senator from Florida takes the floor. fairs, including care and treatment in facili-
ties not under the jurisdiction of the depart- downpayment on the cost of paying for
The PRESIDING OFFICER. The Sen-
ment; and for furnishing recreational facili- these returning servicemembers, a cost
ator from Nevada.
Mr. REID. It is my understanding on ties, supplies, and equipment incident to the of war that has thus far been over-
provision of hospital care, medical services, looked.
this amendment there will be 30 min- and nursing home care authorized by section The estimated cost of $375 million is
utes—20 minutes to the Senator from 1710(e)(1)(D) of title 38, United States Code, based on the percentage of veterans
Florida and 10 minutes to the Senator $375,000,000; Provided, That such amount shall who sought VA health care and bene-
from Alaska; is that right? Does Sen- remain available until expended. fits following the 1991 gulf war multi-
ator STEVENS want to look at the Mr. GRAHAM of Florida. Mr. Presi- plied by the current VA average per pa-
amendment first? dent, on behalf of a large number of our tient cost of care.
Mr. STEVENS. Mr. President, I agree colleagues—Senators KERRY, MIKULSKI, Briefly, to look at the math, in the
to the time, but I have not seen the MURRAY, DORGAN, DAYTON, DASCHLE, 1991 gulf war, there were 582,136 persons
amendment. JOHNSON, LANDRIEU, LAUTENBERG, who were subsequently separated from
Mr. REID. We will withhold the re- BINGAMAN, CLINTON, BIDEN, EDWARDS, the military. That represents 82 per-
quest until the Senator reviews the ROCKEFELLER, AKAKA, and my col- cent of the force that was committed
amendment. league Senator NELSON of Florida—I in the first gulf war. Of that number,
Mr. STEVENS. I do not think there offer an amendment today to address 166,717 were able to establish that they
will be a problem. the cost of providing health care to had a service-connected disability, or
Mr. REID. We can renew that request troops serving in the war in Iraq. 29 percent of the total of now veteran,
after Senator STEVENS has had a This amendment would provide to former combat personnel in the first
chance to look at the amendment. the Veterans’ Administration the addi- gulf war. In addition to that, 287,848, or
Mr. STEVENS. If the Senator is pre- tional funds it will require to meet the half of those veterans who were combat
pared to renew his request, I am pre- needs of returning service men and service personnel in the first gulf war,
pared to agree. women. used the VA for outpatient health care
Mr. REID. I renew that request, Mr. There is a history behind this amend- services.
President. ment. Following the 1991 gulf war, re- We use these numbers times the
The PRESIDING OFFICER. Without turning servicemembers began to re- $3,300 of estimated annual cost as the
objection, it is so ordered. port unexplained illnesses and ailments basis for the amendment we are offer-
Mr. REID. Mr. President, I ask that that many linked to their service. ing. We assumed that the blend be-
the vote on or in relation to the Under the law that existed and con- tween those who had a service-con-
amendment offered by the Senator trolled at that time, only those who nected disability and those who used
from Florida occur third in line; that had been granted a claim for a service- the VA for nonservice disability would
is, Boxer, Bayh, and Graham. connected disability or demonstrated equal one-third of those who were de-
The PRESIDING OFFICER. Without financial need could turn to the VA for ployed into the field. That would result
objection, it is so ordered. health care services. The effect was to in a number of 340,000 troops who would
Mr. REID. As per the other agree- leave many of the returning veterans be eligible, including reservists and Na-
ments, there will be no second-degree without medical coverage. Reservists tional Guard, times $3,300, or $375 mil-
amendments in order. were particularly vulnerable as they lion to meet this mandate and obliga-
The PRESIDING OFFICER. Without lost their military health care benefits tion of the VA.
objection, it is so ordered. The Senator shortly after returning. In 1998, Con- No provision has been made for this
from Florida. gress acted to ensure that no combat responsibility of the VA in legislation
AMENDMENT NO. 459 veteran endures such a delay again. today. Nearly one-third of the 582,000
Mr. GRAHAM of Florida. I call up This chart indicates the evolution of veterans in the first gulf war have al-
amendment No. 459. this process with the gaps that were ready been granted service-connected
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S4748 CONGRESSIONAL RECORD — SENATE April 3, 2003
disability claims, and we can assume discretionary funding (mostly for health tient safety, computerized patient records,
there will be a minimum of a similar care) and $33.4 billion for VA-administered telemedicine, rehabilitation and research. I
number of veterans who will come from entitlement programs (mostly disability not only want to see this standard continue,
compensation and pensions). The budget in- I intend to see it get even better.’’
this second gulf war. Congress mandated in 1996 that VA estab-
cludes $225 million in new construction fund-
I indicate to my colleagues that this ing for VA’s nationwide infrastructure ini- lished an enrollment system to manage hos-
is a downpayment because as addi- tiative (CARES) to ensure that VA can put pital and outpatient care within budgetary
tional service personnel, including re- services where veterans live. limits and to provide quality care to those
servists and National Guard, either by ‘‘VA is maintaining its focus on the health enrolled. By law, the VA secretary must de-
the end of their term or other vol- care needs of its core group of veterans— cide annually whether to maintain enroll-
untary action, are separated from serv- those with service-connected disabilities, the ment for all veterans.
ice, they will become eligible for this 2 indigent and those with special health care ‘‘With this record budget increase, I expect
needs,’’ Principi said. access to medical facilities for severely dis-
years of VA health care. ‘‘We’re able to do so because of the gen- abled veterans to improve, along with a re-
There is an issue raised: Can the VA erous budget proposed by President Bush for duction in waiting times for all veterans,’’
absorb this cost within its current fiscal year 2004 beginning Oct. 1, 2003. It will Principi said.
budget? It has been stated that it could be 7.7 percent more for health care than the
because on January 17, 2003, the VA cut expected FY 2003 budget. This would be the [From the Gainesville Sun, Mar. 30, 2003]
off the future enrollment into the VA largest requested increase in VA history,’’ he VA: IRAQ WAR VETERANS WILL NEED CARE
Health Care System for moderate and said. DENIED TO OTHERS
higher income veterans. At that time, In order to ensure VA has capacity to care
for veterans for whom our Nation has the WASHINGTON.— As the world watched U.S.
the VA cited rising costs, long waiting greatest obligation—military-related disabil- soldiers hunker down in sandstorms last
times, and focusing on core constitu- ities, lower-income veterans or those need- week, Veterans Affairs Secretary Anthony
encies as the rationale for limiting ing specialized care like veterans who are Principi saw respiratory problems in the
services. There was no reference in blind or have spinal cord injuries—Principi making.
Add lung damage from sand to the list of
January of 2003 that the Veterans Ad- has suspended additional enrollments for
veterans with the lowest statutory priority. threats—including bombs, bullets and pos-
ministration was doing this in order to sibly poison gas—that could haunt soldiers
prepare itself financially to meet the This category includes veterans who are not
being compensated for a military-related dis- now fighting in Iraq.
obligation it was going to have on re- When soldiers return, many are likely to
ability and who have higher incomes.
turning troops. The suspension of enrollment affects only seek treatment and benefits from a strained
In a press release on January 17, Sec- veterans in Priority Group 8, the lowest VA system. Principi said recent decisions to
retary of the VA Principi said: group in VA’s eight-level system for setting exclude some veterans from health care will
VA is maintaining its focus on the health health care priorities, who have not enrolled help his department cope.
care needs of its core group of veterans, in VA’s health care system by January 17. ‘‘It’s very important at this time, when
those with service-connected disabilities, the Priority Group 8 veterans already enrolled you’ve got men and women in combat, that
indigent, and those with special health care will be ‘‘grandfathered’’ and allowed to con- we ensure we have the capability to treat
needs. tinue in VA’s health care system. them, that we’re not trying to care for ev-
Work is underway with the Department of erybody at the expense of those who take a
Again, no reference to the new obli- bullet,’’ Principi said last week.
gation the VA was going to have as a Health and Human Services to determine
how to give Priority Group 8 veterans aged The VA excluded from health care this
result of a war which was still almost 65 or older who cannot enroll in VA’s health year hundreds of thousands of higher income
2 months prior to commencement. care system access to the ‘‘VA+Choice Medi- veterans who don’t have service-connected
In the article in the Gainesville Sun care’’ plan. The plan calls for VA to partici- disabilities. It also proposes new fees and
on March 30, Secretary Principi tried pate as a Medicare+Choice provider. Eligible higher drug co-payments designed to force
to justify ending access to VA health veterans would be able to use their Medicare 1.25 million others out of the system.
care services for moderate and higher benefits to obtain care from VA. Principi, who had argued the moves were in-
In return, VA would receive payments tended to end long waiting lists at VA hos-
income veterans because of the war. He pitals and clinics, said last week they also
said at that time: from a private health plan contracting with
Medicare that would cover costs. The will make room for new combat veterans.
It’s very important at this time, when ‘‘VA+Choice Medicare’’ plan would become He told House members in a hearing last
you’ve got men and women in combat, that effective later this year as details are final- week that refocusing the VA’s mission on
we assure we have the capability to treat ized between VA and the Department of low-income and combat veterans is espe-
them, that we’re not trying to care for ev- Health and Human Services. cially important now. The new spin on a se-
erybody at the expense of those who take a ‘‘HHS is happy to join the Department of ries of decisions that began in January tan-
bullet. Veterans Affairs in developing this new op- gles the politics of the Iraq war with recent
Some 10 weeks later, the rationale tion for veterans who might otherwise be un- disputes about the administration’s treat-
for the cutoff of moderate and high-in- able to obtain health care through the VA,’’ ment of veterans.
come veterans was because of the war, said HHS Secretary Tommy G. Thompson. ‘‘If we have enough casualties that that’s
‘‘This is a creative marriage of our federal going to be the rationale for withholding
whereas at the time it was done it was services, this is going to be a hell of war,’’
health programs to serve our veterans effi-
because the VA needed to be able to said Sen. Bob Graham, a presidential can-
ciently and effectively.’’
maintain its focus on its current re- VA has been unable to provide all enrolled didate from Florida who is the ranking Dem-
sponsibility. veterans with timely access to health care ocrat on the Senate Veterans Affairs Com-
I ask unanimous consent to have services because of the tremendous growth in mittee. ‘‘If there are, then there has really
printed in the RECORD the Gainesville the number of veterans seeking VA health been an underestimate of the degree of re-
Sun article and the VA press release. care. More than half of all new enrollees sistance.’’
There being no objection, the mate- have been in Priority Group 8. This demand Graham is a critic of Principi’s plans to ex-
rial was ordered to be printed in the for VA health care is expected to continue in clude veterans and of the administration’s
the future. predictions of a quick victory in Iraq.
RECORD, as follows: The debate is timely. The VA needs to
Between October 2001 and September 2002,
[DEPARTMENT OF VETERANS AFFAIRS NEWS VA enrolled 830,000 additional veterans. tally its cost of the Iraq war. Tens of thou-
RELEASE, JAN. 17, 2003] Since 1996, VA enrollment has increased sands of veterans of the 1991 Gulf War joined
VA ANNOUNCES RECORD BUDGET, HEALTH from 2.9 million to 6.8 million today. Non- the VA health care system and sought dis-
CARE CHANGES service disabled, higher income veterans ac- ability benefits for everything from bullet
WASHINGTON.—Secretary of Veterans Af- counted for the majority of the rapid enroll- wounds to chronic backaches.
fairs Anthony J. Principi today announced a ment growth, hindering the ability of VA to Apart from Principi’s proposals for
record increase in the budget for Department care for the service-disabled, the indigent rollbacks, that concern isn’t reflected in the
of Veterans Affairs (VA) medical care, the and those with special needs. Even with the president’s 2004 budget. Nor, several law-
annual decision required by law (PL 104–262) suspension of new enrollments for Priority makers complained, was it a factor in Presi-
on health care enrollment and a new plan be- Group 8 veterans, another 380,000 veterans in dent Bush’s request for an initial $75 billion
tween VA and the Department of Health and Priority Groups 1 through 7 are projected to to cover war costs.
Human Services for a program that will enroll by the end of FY 2003. If the 1991 Gulf War is any guide, the VA
allow eligible veterans to use their Medicare ‘‘Last year, VA treated 1.4 million more can expect soldiers to seek care. Indeed, Con-
benefits for VA care. veterans with 20,000 fewer employees than in gress in 1998 authorized the VA to treat all
The President’s FY 2004 Budget includes a 1996,’’ said Principi. ‘‘Nonetheless, VA leads combat veterans free for two years after
total of $63.6 billion for VA—$30.2 billion in the nation in many important areas like pa- they leave active duty. That alone could
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4749
prompt waves of new patients as active mili- gether, represent more than 2 million funding for the Department of Veterans Af-
tary, reservists and members of the National Americans. fairs’ (VA) health care system in the War-
Guard return home.. There being no objection, the mate- time Supplemental Appropriations bill.
The possibility that Saddam Hussein In approving legislation, now Public Law
rial was ordered to be printed in the
might use weapons of mass destruction has 105–368, the Congress extended essential
many people hedging their predictions. RECORD, as follows: health care benefits for service members re-
‘‘We don’t know yet whether there’s going THE AMERICAN LEGION, turning from combat duty after the first
to be chemical or biological warfare,’’ said Washington, DC, April 1, 2003. Gulf War. This law provided access to VA
Rep. Cliff Stearns, a Florida Republican on Hon. BOB GRAHAM, health care for newly separated combat vet-
the House Veterans Affairs Committee. Ranking Member, Committee on Veterans’ Af- erans for a two-year period following their
The VA so far has granted disability fairs, U.S. Senate, Hart Senate Office Build- return to civilian life. The Department of
claims to about 164,000 of the 581,000 troops ing, Washington, DC. Veterans Affairs must be prepared and Ade-
who fought in the first Persian Gulf War and DEAR SENATOR GRAHAM: On behalf of the quately funded to meet the challenges placed
have since left the services, or nearly 30 per- 2.8 million members of The American Le- upon it by a new generation of returning vet-
cent. About 250,000 Gulf War veterans re- gion, I would like to express full support for erans as well as, undoubtedly, health care
ceived treatment at VA hospitals last year, your amendment to provide $375 million to demand from increasing numbers of veterans
part of an upward trend in which 10,000 to the Department of Veterans Affairs (VA) in with service-connected disabilities sustained
20,000 more Persian Gulf veterans sought the Wartime Supplemental bill. as a result of this new war in Iraq.
health care each year since 1993, according to The current conflict with Iraq will regret- Thank you for your continuing care and
VA data. tably create a new generation of service-con- concern for those who serve and have served
The force deployed to Iraq is smaller this nected disabled veterans. Due to the experi- in defense of this Nation.
time—about 250,000 with more on the way ences from the first Gulf War, President Sincerely,
compared to 700,000 in 1991—but many law- Clinton enacted of Public Law 105–368, the RICHARD B. FULLER,
makers believe the impact on the VA could Veterans Programs Enhancement Act of National Legislative Director.
be significant. 1998, which extended essential health care
Taxpayers for Common Sense, a budget benefits for service members returning from Mr. NELSON of Florida. Will the
watchdog group, estimated the war could re- combat duty. This law provides a two-year Senator yield?
quire $5 billion to $20 billion in VA benefits window for recently-separated, combat-vet- Mr. GRAHAM of Florida. I yield.
and health care during the next 10 years. The erans timely access to VA’s quality health Mr. NELSON of Florida. I join my
wide range is based on the last Gulf War’s care. colleague from Florida in supporting
aftermath but reflects the current uncertain- Currently, VA is struggling to provide his amendment. The Senator clearly
ties. services for the current veterans’ population
and this supplemental funding will be essen-
has examples all over the country but
Bush’s 2004 budget includes a $2.1 billion
increase for VA health care, which is in- tial to anticipate the needs of returning we, especially, have examples in our
tended to deal with existing shortcomings. service members from Operation Iraqi Free- State of Florida of backlogs of 6
Principi said the Iraq war will bring addi- dom. While this Nation gives its full support months before a veteran can get an ap-
tional costs as soldiers require care for phys- to the war fighters, it must equally match pointment. One of the clinics has en-
ical and psychological wounds. its support for those returning from war. The rollment backlogs of up to 2 years just
Mr. GRAHAM of Florida. Mr. Presi- American Legion urges you and your col- to get in the system. There are 44,000
leagues to provide the necessary funding to veterans in Florida who are back-
dent, there is no linkage between the meet the health care needs and benefits for
January action of cutting off veterans veterans—past, present, and future.
logged, waiting 6 months for appoint-
from enrolling in VA health care serv- The American Legion supports and ap- ments. Nationwide, there are 230,000
ices and the costs which the VA is le- plauds your efforts and your continued sup- veterans waiting to get an appoint-
gally obligated to assume for service port of the men and women who serve and ment and have to wait 6 months. That
personnel who will be returning from have served in uniform. is unconscionable.
the second gulf war. We gave the VA Sincerely, Then, the administration, in trying
STEVE ROBERTSON, to deal with the shortage of money, has
the duty to care for service members
Director,
after numerous troops returned from denied enrollment of what is called
National Legislative Commission.
the first gulf war. This duty stretches category 8 veterans which are not serv-
not only to injuries in combat but also DISABLED AMERICAN VETERANS, ice connected and have an income of
those who suffered mysterious ill- Washington, DC, April 3, 2003. over $24,000 a year. They cannot even
nesses, the cause of which, in many in- Hon. BOB GRAHAM, get into the system. Nationwide, that
stances, still remains undetermined. Ranking Minority Member, Senate Veterans’ Af- is 360,000 veterans.
The cost of this war will not end with fairs Committee, Hart Senate Office Build- I think my colleague from Florida
ing, Washington, DC. has made the case most pointedly and
the war itself and will not be confined DEAR SENATOR GRAHAM: I would like to
to the borders of Iraq. Veterans will thank you for your proposed amendment to
I certainly will support the distin-
continue to pay those costs for years to the Fiscal Year 2003 Supplemental Appro- guished senior Senator from Florida.
come. We must be prepared for thus far priations Bill that would increase Depart- Mr. GRAHAM of Florida. Mr. Presi-
neglected costs of war by assuring the ment of Veterans Affairs (VA) health care dent, I express my appreciation for the
VA will be prepared when the newly funding by $375 million. comments by my good friend and col-
created veterans of Operation Iraqi As you know, sick and disabled veterans league, Senator NELSON. What the VA
suffer because of insufficient funding in VA seems to want to do is to use the
Freedom seek their health care. It is
health care. This amendment would ensure
our responsibility to assure the VA has money saved by denying services to
that the government is capable of meeting
adequate resources to fulfill this prom- the needs of not only veterans currently hundreds of thousands of veterans.
ise. It is a promise which we, the Con- using the system, but also those returning They want to use it twice.
gress, made to our servicemen. The from Iraq and the global War on Terror. In January, the rationale was they
Senate, in 1998, unanimously passed The Disabled American Veterans fully sup- could not meet their core responsibil-
the statutory right of veterans to have ports this effort. Thank you for your advo- ities, for instance, for veterans who
VA health care for 2 years after they cacy on behalf of our nation’s sick and dis- had a service-connected disability. In
abled veterans. March, they want to use the same $375
separated from service for those vet- Sincerely,
erans who were actually in combat in EDWARD R. HEATH, SR.
million to pay for the veterans who
this and possibly future engagements. National Commander. will be coming out of the gulf war and
I urge my colleagues to join me in will, by statute enacted by this Con-
this effort to see our veterans are pro- PARALYZED VETERANS OF AMERICA, gress in 1998, be eligible, be guaranteed,
vided the care they are currently earn- Washington, DC, April 3, 2003. access for 2 years to VA health care
ing by their service. Hon. BOB GRAHAM, services.
I seek unanimous consent to have Ranking Member, Committee on Veterans’ Af- They cannot have it both ways. The
printed in the RECORD several letters in fairs, U.S. Senate, Hart Senate Office Build- responsible thing to do is to recognize
ing, Washington DC.
support of my amendment from the DEAR SENATOR GRAHAM: On behalf of the this as a cost of war. But for the fact
American Legion, from Disabled Amer- members of Paralyzed Veterans of America I we have men and women, including re-
ican Veterans and Paralyzed Veterans would like to express our strong support for servists and National Guard personnel
of America, organizations which, to- your amendment to provide $375 million in at risk in combat, we would not be
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S4750 CONGRESSIONAL RECORD — SENATE April 3, 2003
talking about an additional $375 mil- try. Our troops need to know that I urge my colleagues to support our
lion. However, the fact is, they are in America is with them, and we owe troops and our veterans in the Federal
combat and they at some point, like them a debt of gratitude. We need to checkbook by supporting the Graham
the 82 percent from the first gulf war, remember our troops in the Federal amendment.
will be separated from the service and checkbook. Mr. DASCHLE. Mr. President, the
therefore become eligible. That is why I am proud to cosponsor full attention of the Senate is focused
We also have this issue of the large the Graham amendment. The amend- today on legislation to fund our ongo-
number of veterans who are otherwise ment is simple and straightforward. It ing military campaign in Iraq. The
eligible because of their previous serv- would provide $375 million more for VA newspapers this morning were focused
ice for VA benefits who have been cut medical care, so that when our troops on our latest military feats, including
off. We need to deal with both of these return from war, the VA can give them the apparent destruction of two impor-
problems. At least by adopting this the medical care they deserve. tant Republican Guard divisions and
amendment we will deal with the most Under a law we passed after the Per- advances that leave us very near the
current issue which are the combat sian Gulf War, the VA must give pri- outskirts of Baghdad.
veterans from the war which is cur- ority to returning troops for imme- Senator BOB GRAHAM, the ranking
rently underway. diate medical care. But the VA medical member of our Veterans’ Affairs Com-
Mr. STEVENS. Mr. President, this care system is strained. Nationally, mittee, has asked us to look ahead and
amendment would provide an addi- there are 236,000 veterans waiting begin planning for the future to ensure
tional $375 million for VA medical care longer than 6 months to get their first that our veterans receive the coun-
to address the medical needs of return- appointment with a VA doctor. In Jan- seling, health care, and other services
ing veterans from the war in Iraq. uary, the VA health care system we know they will need after the last
This funding would be used to meet stopped accepting Priority 8 veterans. battles are fought.
the funding requirements of the Vet- These are veterans who are not service The Graham amendment, of which I
erans Programs Enhancement Act of disabled, and whose income is higher am a proud cosponsor, would provide
1998 which entitles, for 2 years fol- than about $29,000 per year. $375 million to the Department of Vet-
lowing participation in combat, that Our veterans didn’t stand in waiting erans Affairs so the VA can provide
any active duty service member is im- lines when they were called up or they adequate care for returning troops.
volunteered to serve our country. So I cannot stress enough how vital this
mediately eligible to receive VA health
they shouldn’t have to stand in line or amendment is.
care upon release or separation from
During my career, I have been in-
service. pay toll charges to get the medical
volved in dealing with the aftermath of
These funds will be needed at some care they deserve.
As the ranking member on the VA– two major wars, Vietnam and Oper-
point in the future but this amendment
HUD Appropriations Subcommittee, ation Desert Storm. In both cases,
does not meet the requirements of this
there was enormous confusion, frustra-
supplemental as funding that is needed my guiding principle for the VA budget
tion, and pain—much of it unnecessary,
immediately to address concerns re- is that we keep the promises we made
in my view—because our government
lated to homeland security or the war to our veterans. In the last four years,
assumed that veterans would come
in Iraq. the VA–HUD Subcommittee has pro-
back and pick up their lives where they
And while I agree with my colleagues vided large increases for medical care,
left off before the war.
that VA medical care is not meeting including $1.7 billion in 2000, $1.3 billion It didn’t work that way, and it prob-
the medical needs of veterans in a in 2001, $1 billion in 2002, and $2.4 bil- ably never will. I learned this the hard
timely manner and there is much to be lion in 2003. We provided these in- way, from talking to hundreds of vet-
improved, the problem is as much sys- creases because we know that the fail- erans about post-traumatic stress dis-
temic as it is funding. However, this ure of private health insurance compa- order, Agent Orange, readjustment
funding is not needed now on the heels nies and high prescription drug costs counseling, and Gulf War illnesses. A
of the fiscal year 2003 Omnibus Appro- are really straining our veterans on fascinating literature review, published
priations bill in which we appropriated fixed incomes. At the same time, our in 1996, found that war syndromes,
some $23.9 billion for VA medical care. veterans population is growing and get- many of them poorly understood, have
This funding level was an increase of ting older. Today, the VA treats 2 mil- been associated with armed conflicts at
some $2.6 billion over the fiscal year lion more veterans than in 1996 least since the Civil War.
2003 level and $1.15 billion over the fis- I am very concerned that the admin- Today’s amendment would prepare us
cal year 2003 Budget Request. The VA istration’s VA budget for next year to assist veterans from day 1, hopefully
medical system has all the funds that does not keep promises to our veterans, allowing us to avoid repeating the mis-
it can absorb this year and will be able and will not support the needs of our takes of the past. It is not the com-
to meet the medical needs of any re- troops. The VA’s budget puts new toll plete answer, but it begins to move us
turning veterans from the war in Iraq. charges and means tests on our vet- in the right direction, by adjusting VA
We will need additional funding for erans. Specifically, the budget proposes funding levels to reflect the number of
VA medical care in the future but that four things. First, the budget proposes veterans who will be returning from
is the job of the fiscal year 2004 and fis- to keep the VA closed to Priority 8 vet- Iraq.
cal year 2005 appropriations bills. erans. Second, the budget proposes a The funding level in this amendment
I also do not want to leave my col- new $250 entrance fee for veterans. has a very logical basis. We know that
leagues with the false impression that Third, the budget proposes to increase about one-third of veterans from the
VA medical care is broken. Yes, there outpatient primary care copayments 1991 Gulf War have been granted serv-
are problems with patient backlog, but from $15 to $20. Fourth, the budget pro- ice-connected disability claims, which
I can assure you that Secretary poses to increase prescription drug co- makes them eligible for VA health
Principi has made a commitment to fix payments from $7 to $15. care. We can expect, at a minimum, a
VA medical care and has made signifi- I raised my concerns about these pro- similar number of veterans to turn to
cant strides in addressing veteran con- posals with Secretary Principi during the VA after the conflict. The number
cerns, reducing patient backlog and the VA–HUD Subcommittee budget may well be even higher than in 1991,
improving VA medical care. hearing last month. We have great re- since our troops so far are experiencing
Ms. MIKULSKI. Mr. President, I rise spect for Secretary Principi. He is a more ground combat and higher casual-
in strong support of the Graham Vietnam Veteran who continues to ties than in Operation Desert Storm.
amendment to increase funding for VA serve his country. Now he’s battling So if one-third of our returning troops
medical care. OMB against a skimpy and spartan seek VA compensation or health care,
I am proud to cosponsor the Graham budget. But I am concerned that the we can multiply that figure by the
amendment. Our men and women in budget OMB gave VA this year leaves VA’s average per-patient cost and ar-
uniform have my steadfast support. We the VA foraging for funding. It will rive at an approximate dollar figure:
must support the brave men and leave our troops without access to the $375 million, the amount requested in
women who are fighting for our coun- medical care they deserve. this amendment.
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4751
Remarkably, the Administration request. The VA medical system was additional money is needed in fiscal
claims the VA already has sufficient adjusted for what we believe will be the year 2003 for the Veterans’ Administra-
resources to accommodate returning demands on the VA for returning vet- tion.
veterans. To that surprising claim, I erans during the period of this fiscal As soon as the Senator has completed
would respond that the VA’s wait list year. using his time, I will make a motion to
in the upper Midwest now forces 23,000 Again, there is no question there will table his amendment, regretfully.
veterans to wait at least 6 months for be additional funds to meet medical The PRESIDING OFFICER. Who
health treatment. For next year, the needs of returning veterans and they yields time?
Administration has told us that it will be defined, I am sure, as we get Mr. GRAHAM of Florida. Mr. Presi-
needs to charge veterans $250 million in into the fiscal year 2004 bill. dent, it seems the issue now is not
new fees and higher copayments, not to I do know that there are some prob- whether we are going to meet this re-
raise money, but to drive away 1.2 mil- lems in the VA, but they are not in sponsibility which we have taken on
lion veterans from VA hospitals and funding. They are systemic problems ourselves by a vote of this Senate and
clinics. Everyone except the White that need to be addressed. I have every the House of Representatives to pro-
House is using the word ‘‘crisis’’ to de- confidence in the current Secretary of vide to returning combat veterans,
scribe the current state of affairs at the Veterans’ Administration, Sec- men and women who actually were
the VA. retary Principi. He has visited with me under fire, a 2-year period of access to
Senator GRAHAM has a recent news- personally. As a matter of fact, he the Veterans’ Administration health
paper article from Florida, in which worked here in the Senate. We know care services. The issue seems to be
VA Secretary Anthony Principi report- him well. He was a staff member to the when we should make this commit-
edly claims that the VA can take care Senate committee. I do believe he is ment. My answer to that question
of returning troops because it blocked sincere in telling us these funds are not would be: Now.
The fact is, unless this war goes on
access to VA health care for thousands needed at this juncture.
The funds that may be needed in the much longer than the administration
of middle-income veterans. But in Jan-
future must be addressed on the basis or any American prays that it will,
uary, when the regrettable eligibility
of the needs as the war in Iraq and the there will be returning veterans, par-
decision was announced, the Secretary
war in Afghanistan and the war on ter- ticularly reservists who, as soon as
said this move was necessary just to they complete their period of active
begin working down the atrocious rorism proceed.
I state categorically to the Senate I duty, are going to be eligible for these
backlogs at VA hospitals and clinics. health care costs. I hope we are not
Sadly, this is all just another chapter do not oppose additional funds to meet
the medical needs for returning vet- taking the position that this war is
of an old story with this administra-
erans. I will oppose putting them up going to drag on so long that no reserv-
tion. When it comes to the VA, their ist, no National Guard member will be
budget claims long ago ceased to be now. Only 3 months ago we gave the
eligible for these benefits prior to Sep-
credible. The ranking member of the VA $2.6 billion more than they asked.
The situation is a difficult one. When tember 30 of this year.
Veterans’ Affairs Committee, Senator There also will be regular duty com-
GRAHAM, deserves our thanks for step- the Senator finishes his statement, I
bat soldiers who will be separating
ping into the leadership void and pro- intend to move to table his amendment
from service and therefore become eli-
posing a constructive solution. because it is not our proper process
gible.
We are all proud of the spirit, valor, now to deal with returning veterans’ I believe, if we are concerned about
and selflessness exhibited by our needs from the VA that might exceed the morale of our service men and
troops. Now is the time to show our un- funds already available for fiscal year women and wish to show American
derstanding, our recognition, of the 2003. support for their gallant service, there
personal cost associated with wartime I hope to work with the Senator from is no better way to do it than to indi-
service. I urge all senators to join this Florida. I assure him, obviously, there cate that we are fully committed to
effort to prepare the VA to meet the are many of us here on the floor of the meet our responsibilities to those men
needs of these men and women after Senate who are veterans. We would not and women when they return home.
they return home. in any way take action to deny the The issue is, is there enough money
Mr. STEVENS. What is the time situ- funds that are necessary to meet their in the VA budget to accept this new re-
ation? needs, particularly these gallant people sponsibility? The VA, just 2 months
The PRESIDING OFFICER. The Sen- who are over there now. ago, terminated the eligibility of sev-
ator from Florida has 4 minutes and No one on the floor of the Senate yet eral hundred thousand veterans be-
the Senator from Alaska has 10 min- has mentioned the stories on the front cause of the financial pressures that
utes. pages of all papers in America today they were under at that time. The in-
Mr. GRAHAM of Florida. Mr. Presi- about the gallant young lady who crease in the veterans budget, which is
dent, I do not believe there are any fought the fight in Iraq, almost to her applauded, essentially represents the
Senators requesting to speak under my own death, and after the death of sev- cost of medical inflation from one year
time, so I reserve my time for final re- eral of her colleagues. She was trained to the next. There are no significant
marks until Senator STEVENS has com- as a supply clerk. She is one of the vet- real dollar additional resources for the
pleted his comments. erans, now, that will have needs. I as- VA to carry this new responsibility.
The PRESIDING OFFICER. The Sen- sure the Senate we are going to see I urge the Senate not table this
ator from Alaska. those needs are met. Jessica Lynch is amendment but, rather, to enthusiasti-
Mr. STEVENS. Mr. President, I have an example for all Americans, and par- cally endorse it as a tangible state-
to agree with my colleague from Flor- ticularly for young women. I have had ment of our commitment to the men
ida that additional funds will be needed several comments about her gallantry and women of America who are, today,
in the VA medical care account in the and we are all inspired by her gal- putting their lives at risk in order to
future. That, again, is a job for the lantry. But the subject now is what is achieve Iraqi freedom.
2004/2005 bill. Those people are coming her need? The PRESIDING OFFICER (Mr. TAL-
out of the service and are cared for a There is available, for this fiscal ENT.) Who yields time? The Senator
period of time after they leave the year, the balance of the $23.9 billion from Alaska is recognized.
service and the VA picks them up at that this Department already has. Mr. STEVENS. Mr. President, I now
the end of that time. This $365 million When the time comes, I am confident move to table the amendment of the
is strictly for the medical needs of re- that Secretary Principi will request ad- Senator from Florida. I ask unanimous
turning veterans from the war in Iraq. ditional funds for fiscal year 2004 as consent that it be set aside to occur in
I remind the Senate we appropriated they are defined, but let’s not precede the sequence that beings at 10 minutes
$23.9 billion for VA medical care for fis- that. Let’s not put additional money of 2.
cal year 2003. That was $2.6 billion over up. Mr. GRAHAM of Florida. Mr. Presi-
the amount made available in 2002 and This will be money for 2003. I state dent, I ask for the yeas and nays on the
$1.50 billion more than the President categorically there is no evidence any motion to table.
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S4752 CONGRESSIONAL RECORD — SENATE April 3, 2003
Mr. STEVENS. I am not prepared to Mr. STEVENS. Mr. President, I move I thank the Senator.
agree to the yeas and nays at this to reconsider the vote. The PRESIDING OFFICER. The Sen-
time. Mr. REID. I move to lay that motion ator from Nevada.
The PRESIDING OFFICER. The on the table. Mr. ENSIGN. Mr. President, I have a
Chair needs to inform the Senator from The motion to lay on the table was very simple amendment.
Alaska the motion to table is not in agreed to. As we have seen leading up to this
order because time remains to the Sen- The PRESIDING OFFICER. The Sen- time of war, the United States and our
ator from Florida. ator from Alaska. President attempted many diplomatic
Mr. STEVENS. I apologize. I thought Mr. STEVENS. Mr. President, the means to try to make us not go to war.
the Senator used his time. Senator from Nevada has an amend- And many people, including myself,
Mr. GRAHAM of Florida. The Sen- ment, and I know he is willing to ac- feel those diplomatic means were
ator from Alaska is correct. I have cept a short time agreement. But I thwarted by some of our traditionally
used my time and am prepared to yield would ask him to offer it, have it read, closest allies. And what I mean by
it back. Let me make a parliamentary and then we will see how much time thwarted is that the stronger of a hand
inquiry. The Senator from Alaska is may be required. our President would have had in the
now requesting a motion to table my The PRESIDING OFFICER. The Sen- negotiations, I believe the better
amendment, which will be voted on ator from Nevada is recognized. chance we would have had of not going
later today. I want to be clear I am not AMENDMENT NO. 488 to war.
foregoing my right to ask that there be (Purpose: To prohibit the use of funds in a Gerhard Schroeder, in his election
a recorded rollcall vote on that motion manner that benefits citizens or businesses bid, I believe, shamelessly used some
to table. of France and Germany unless physically anti-American sentiments to narrowly
Mr. STEVENS. Mr. President, I have located in the United States) gain his reelection. Now, that may
no intention to deny that. I may wish Mr. ENSIGN. Mr. President, I have have been a shrewd political move for
to ask the Senator to modify his an amendment at the desk, and I ask him to make, but it was certainly not
amendment at a later date, so I would for its immediate consideration. statesmanlike. He started many in the
like to not get the yeas and nays yet, The PRESIDING OFFICER. The world against the United States in this
but I will agree to them when the time clerk will report. diplomatic effort that we were engaged
comes, if necessary. The legislative clerk read as follows: in in trying to avoid war with Iraq by
The PRESIDING OFFICER. The Sen- The Senator from Nevada [Mr. ENSIGN] getting them to disarm.
ator has not lost the right to request proposes an amendment numbered 488. After Germany started leading this
the yeas and nays. Mr. ENSIGN. Mr. President, I ask battle, France joined the battle and
Mr. GRAHAM of Florida. I yield the unanimous consent that further read- has taken it to a new level, much to
remainder of my time. ing of the amendment be dispensed the dismay of, I believe, most Ameri-
Mr. STEVENS. I thank the Senator. I with. cans.
do make the motion to table and re- We now are engaged in a conflict to
The PRESIDING OFFICER. Without
serve the right to decide what to do. change the regime in Iraq. That re-
objection, it is so ordered.
Under our understanding, we will Mr. STEVENS. Mr. President, has it gime, by all accounts, is a brutal re-
have Senators from our side of the been read? Was the amendment read in gime and needs to be changed. And we
aisle offer amendments now. I see the need to disarm that country from
full?
Senator from Nevada here. He has an The PRESIDING OFFICER. The Sen- weapons of mass destruction, which, as
amendment. ator asked consent to have the reading Americans—and I think the rest of the
Before that, if he doesn’t mind, I ask of the amendment called off. world looking on—we can see what a
unanimous consent that we return to Mr. ENSIGN. Mr. President, I ask fabulous job our military is doing in
the amendment of Senator BAYH and unanimous consent that the amend- accomplishing their mission.
have it put before the Senate. My amendment today says when the
ment be read.
The PRESIDING OFFICER. Without conflict is over and we are going to re-
The PRESIDING OFFICER. Without
objection, it is so ordered. build Iraq, American taxpayer dollars
objection, the clerk will read the
are not to go, in the rebuilding of Iraq,
AMENDMENT NO. 474, AS MODIFIED amendment.
to French or German companies, to
Mr. STEVENS. I send to the desk a The legislative clerk read as follows:
French or German citizens, because of
modification of that amendment on be- At an appropriate place insert the fol-
lowing:
what their governments did in oppos-
half of Senator BAYH and his cospon-
SEC . (a) No funds made available in this ing the United States actively. It was
sors and myself.
Act for purposes of reconstruction in Iraq not just that they voted against us at
The PRESIDING OFFICER. Without
may be provided, to a person who is a citizen the United Nations. They led—espe-
objection, the amendment is modified.
The amendment (No. 474), as modi- of or is organized under the laws of France or cially France led—the world against
Germany, unless such person is a resident of the United States and, I believe, be-
fied, is as follows: or organized under the laws of the United cause of that, made it more difficult in
On page 38, after line 24 add the following: States. Turkey. If we could have had our
SMALLPOX AND OTHER BIOTERRORISM Mr. STEVENS. Mr. President, I ask ground troops available in Turkey, we
INOCULATION ACTIVITIES
unanimous consent there be 30 minutes could end this war much sooner than
For additional expenses necessary to sup- on each side for this amendment. I do
port grants to States for smallpox and other when it will be ended.
bioterrorism inoculation activities,
not know how much time Senators So this amendment says American
$105,000,000, to remain available until Sep- might request, but I have been in- tax dollars, in the rebuilding of Iraq,
tember 30, 2004: Provided, That this amount is formed there may be several Senators are basically refused from going to any
transferred to the Centers for Disease Con- who wish to discuss the matter, and 30 companies and/or citizens from the
trol and Prevention. minutes on a side would be sufficient. countries of France or Germany.
Mr. STEVENS. The amendment has Does the Senator from Nevada wish Now, if a company from France actu-
now been modified according to the to be recognized? ally has a subsidiary in the United
submission I made? Mr. REID. Mr. President, I say to the States that employs people, our
The PRESIDING OFFICER. That is manager of the bill, I am going to talk amendment allows that company, that
correct. to Senator BIDEN. He has called the subsidiary to bid on the contracts. But
Mr. STEVENS. I now urge the adop- cloakroom. I will see how he feels in no case can the company that is lo-
tion of the amendment. about this. He is at a Foreign Relations cated in France or located in Germany
The PRESIDING OFFICER. If there matter. bid on these contracts and win the con-
is no further debate, the question is on Mr. STEVENS. Mr. President, I with- tracts from the United States.
agreeing to the amendment, as modi- draw the request for the unanimous Now, in the future, if the United Na-
fied. consent, but I do believe there is going tions and other countries decide to put
The amendment (No. 474), as modi- to be substantial need for time on this together a coalition and fund that coa-
fied, was agreed to. one. lition with international dollars or
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4753
their own dollars, our President, the tries in the past. I believe we need to The unilateral approach of this coun-
State Department, and everybody else have good relations with both of them try is subject to some concern by other
in the United Nations concerned can in the future. But I just think it would countries. That is not necessarily a bad
give the contracts to whomever they be patently wrong for us to use money thing. This is the first time in Amer-
want. But I believe, as an American— from this supplemental bill we are ica’s history we have unilaterally, with
and I believe the American people doing today in providing for the re- Great Britain, with the help of a couple
would support this amendment—I be- building of Iraq, it would be absolutely thousand Australians, and with some
lieve it would be wrong to have our tax wrong to use that money for countries tacit support of other countries in dif-
dollars going to companies and individ- that actively tried to get the rest of ferent ways, some public, some not
uals within France and within Ger- the world to oppose us in doing what public, essentially invaded another
many because I believe their behavior the United States believed was right in sovereign nation. There is a difference
leading up to this was really quite des- the world: To disarm a brutal dictator, of opinion as to whether we should
picable. to rid his own country of weapons of have stayed at the United Nations. I
So, Mr. President, I offer this amend- mass destruction which he has used happen to share that view. I believe we
ment to the Senate today. I hope it is against his neighbors. When a country should have worked to have made this
supported widely across this body. I be- stands up and tries to do what is more multilateral. I believe we should
lieve it is the right thing to do. I be- right—not in an arrogant sort of a way have taken the time to do so. But we
lieve it will send a strong message in but in a way in which it is trying to do chose not to do that. The administra-
the future that when countries are try- something that is right—its closest al- tion chose not to do it.
ing to do the right thing, and rid the lies should not lead some of the world For the Senate to pass this amend-
world of a brutal dictator, they should opinion against it. ment—you might as well include a
be supported, and you should not ex- The United States during World War whole host of other countries in this—
pect a reward afterward, as we are see- II was the leader with our allies in get- sets us upon a very bad course of ac-
ing countries now around the world ting rid of a brutal dictator back then. tion. I would think we would want ev-
trying to jump on board as the war Today the United States is attempting eryone’s help in the rebuilding of Iraq.
looks like it is going well. We should to do the same thing. Some countries I would think we would want every-
not reward those countries who, in the tried to appease Adolf Hitler during one’s help in the establishment of a se-
first place, had opposed us. World War II. We were hearing up until cure and stable and open and free and,
So, Mr. President, I reserve the re- this a lot of the same arguments, espe- perhaps one day, democratic, new Iraqi
mainder of my time and look forward cially from the French, about Saddam government. To place two of America’s
to hearing other Senators speak on Hussein. Well, we will just deal with staunchest allies, France and Ger-
this amendment. him. We could just appease him, just many, that have shown their solidarity
The PRESIDING OFFICER. The Sen- keep him going along. with us over the years from the time—
ator from California. I believe brutal dictators understand certainly the French from the time our
Mrs. FEINSTEIN. Mr. President, I force. They understand countries that country was founded, the Germans cer-
rise to oppose this amendment. I very will stand up to them. The more you tainly subsequent to World War II, and
much respect the distinguished Sen- try to appease them, the more it not to understand that there are strong
ator from Nevada. However, I think emboldens them. I believe that is what antiwar feelings in both of these coun-
this amendment is enormously destruc- France was trying to lead the rest of tries is shortsighted.
tive. If America is going to become an the world to do, to make Saddam Hus- What this Senate should try to do is
arrogant nation, do things only our sein more dangerous in the future. bring people together, bring our allies
way, this is a good way to begin. I be- President Bush is leading a coalition together, to reduce America’s unilat-
lieve it would be a tragic and a terrible to disarm Saddam Hussein and to dis- eral courses in the world, to work with
mistake. arm him from weapons of mass de- our friends. This does not help.
The amendment is couched in such struction. It is the right thing to do. I hope there will be an overwhelming
words that no one would know exactly When we are done with it, when we re- vote against this amendment.
what it means. It reads: build that country, liberating the Iraqi The PRESIDING OFFICER. The Sen-
No funds made available in this Act for people is going to take some recon- ator from Nevada.
purposes of reconstruction in Iraq may be struction. It always has to happen. A Mr. ENSIGN. Mr. President, the bill
provided, to a person who is a citizen of or is beautiful thing about the United actually reflects sort of the sentiments
organized under the laws of France or Ger- States is, we don’t just go over, lib- we are talking about here today, but it
many, unless such person is a resident of or erate people, and then walk away. We is only a sense of the Senate. We actu-
organized under the laws of the United actually believe there is a responsi- ally want to put it in legislative lan-
States. guage. Section 506, page 35 says:
bility. We want to help rebuild that
Just to know how this would affect country. But I think it would be abso- It is the sense of the Senate that, to the
an employee of a given company, an of- lutely wrong for American tax dollars maximum extent practicable, contracts (in-
ficer of a given company, or anyone cluding subcontracts) and grants for relief
to go to countries and companies in and reconstruction in Iraq from funds appro-
else, I think creates a whole miasma of those countries that have tried to turn priated under this chapter should be awarded
very real problems. I think to use the the world against us. to United States companies (particularly
word ‘‘despicable’’ perhaps is hyper- The PRESIDING OFFICER. The Sen- small and medium sized businesses) and or-
bole. I think there is a legitimate point ator from California. ganizations, to companies and organizations
of difference between European nations Mrs. FEINSTEIN. Mr. President, I located in the Near East region, and to those
and the United States with respect to rise to respond. The fact is, there are from countries which have provided assist-
how to handle Iraq. Culturally there dozens of countries in this world that ance to Operation Iraqi Freedom.
are differences. Diplomatically there disagreed with what the United States Our amendment narrows it. It was
are differences. But to pass a piece of is doing. I am one who voted to author- said there are countries that have been
legislation that puts America’s No. 1 ize the President with the use of force. opposing America around the world,
allies in a position of being an absolute Most of the larger countries in the not just France and Germany. I agree.
enemy of this country, I think is a ter- world disagree. But it is France and Germany that
rible thing to do. I would hope we Additionally, the French and the have been leading the fight. That is the
would vote down this amendment. Germans, in many ways in the war reason we targeted those two coun-
The PRESIDING OFFICER (Mr. against terror, have been helpful to the tries. In World War II, European secu-
GRAHAM of South Carolina). The Sen- United States. Those of us who serve rity was threatened. America came to
ator from Nevada. on the Intelligence Committee know the rescue. In Kosovo, European secu-
Mr. ENSIGN. Mr. President, I believe this. We know that intelligence comes rity was threatened. America came to
we will have relationships with France from both of those nations which is in- the rescue. With Iraq, American secu-
and Germany. We have had many good strumental in helping in the war on rity is threatened and Germany and
relationships with both of those coun- terror. France are AWOL. It would be entirely
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S4754 CONGRESSIONAL RECORD — SENATE April 3, 2003
inappropriate for the money from an be going toward companies and persons get out. We want to get out of there as
emergency supplemental bill to pay for from Germany and from France. soon as possible. We would love to be
the war and pay for reconstruction of Mrs. FEINSTEIN. Mr. President, if I able to have a stable, democratically
Iraq, for those moneys to go to coun- might, I would like to read an editorial elected government there as quickly as
tries that have attempted to lead the that was published in the Los Angeles possible; have infrastructure put in
world against us in protecting our own Times. I think it is pertinent. It was place and get out of there. We don’t
security, in liberating the Iraqi people, published on the 30th of last month, a want our troops or our personnel,
and in ridding the Middle East of one of few days ago. It is entitled, ‘‘Move Past whatsoever, to be potentially in harm’s
the most brutal dictators it has ever the Grudges.’’ way for any longer than they have to
seen. The United States should act to review be.
It is highly appropriate to have this tattered alliances that will be needed in the So France, in its effort to continue to
amendment. I hope we have a very fight against terrorism. curry favor with the Saddam Hussein
strong vote from this body that shows It goes on to point out: regime, and to continue the trade rela-
the American people when countries Blair visited Bush at Camp David last tions they have, I believe has done
come against us, we are not going to week and readily acknowledged the bruises something that is very wrong. So I be-
reward them. We will not reward them left by the rancorous United Nations debate lieve France has an obligation to
by giving them money to help rebuild before the war. When Bush was asked about America to try to repair the relation-
the many nations that declined to join the
something. ship they have with us. I believe it is
Iraq war alliance, he replied only that the
The PRESIDING OFFICER. The Sen- United States and Britain had plenty of up to them to make the first step, and
ator from Nevada is recognized. Western allies that continue to stand with they certainly have not done that—at
Mr. REID. Mr. President, I have spo- us. Blair, however, frankly conceded that least up to this point.
ken to the ranking member of the For- many countries disagree with what we are Are we open to having them do that?
eign Relations Committee, Senator doing. How that divide is handled now and Absolutely. But they have not done it
BIDEN, and he is unable to be here right after the war will affect global relationships up to this point. At least Germany is
now. He will be here in the next 15 min- for years to come. making some strides, but France
utes or thereabout. He indicated he Mr. President, I could not agree hasn’t even made strides toward that.
would take a relatively short period of more. I don’t know why we have any If you look at this historically, over
time. He may have an amendment to need to be small, to be rancorous, and the last many years, France has done
offer and he can discuss that with the to be bitter. Right now, we have our just the opposite. France didn’t even
sponsor of the bill when he arrives. So men and women in harm’s way, and the want Turkey to be able to defend itself
we will stay on this amendment until battle is turning and it is favoring our against weapons or missiles coming in
Senator BIDEN arrives. side. The hope should be that we can and use NATO to defend Turkey from
The PRESIDING OFFICER. The Sen- put this conflict to an end, that we can missiles coming in from Iraq. That is
ator from California is recognized. mend the wounds, that we can rebuild how much France has wanted to keep
Mrs. FEINSTEIN. Mr. President, I the country, that we can show to the favorable relations with Saddam Hus-
would like to make a couple of points entire Muslim/Arab world that Amer- sein and his brutal regime.
on this amendment. I ask the distin- ica is indeed an open, fair, democratic What is the motivation for this? I
guished Senator two questions. The country, and we care about the Muslim don’t know. Maybe because France and
first is, is he aware that Germany has people. Jacques Chirac helped them build a nu-
allowed over 60,000 U.S. troops to pass I don’t believe any purpose is served clear reactor that would lead to nu-
through U.S. Air Force bases in Ger- by this amendment. I don’t believe the clear bombs, and then once Israel took
many—all troops bound for Iraq? Is he world is going to be a better place be- out their nuclear reactor, he offered to
aware that the Germans have helped in cause we pass this amendment. I don’t rebuild it. There seems to be some in-
many ways? believe we are going to be able to re- terest that France has with Saddam
Second, is he aware that there are al- store or bind any wounds with this Hussein that leads to ulterior motives
ready contracts out from our Depart- amendment. I believe we will drive and this whole idea of getting the
ment of Defense with firms that would deeper the scars into the psyche of world against the United States.
be nullified under this bill? Also, I America with this amendment. I be- So for France to have taken this idea
would like to ask the question, if he lieve we will spread apart our alliances that the United States is a superpower,
does know, to what extent would those with this kind of amendment. I hope and if you want to be against the only
contracts be nullified by this legisla- this amendment is not a harbinger of superpower, come over here and join
tion? things to come on the floor of the U.S. us, I think to take advantage of those
Mr. ENSIGN. Mr. President, I am Senate because I believe it does dis- kinds of natural sentiments in the
very aware of the role that Germany is respect to a strong, able, competent, world has been very wrong, when the
playing there. We defended Germany, and compassionate United States of U.S. is trying to do something that I
with those bases, from the Soviet America. I urge its defeat. believe is on the moral high ground.
threat during the entire cold war. It is The PRESIDING OFFICER. The Sen- All you have to do is look at how this
the reason that Germany hasn’t had to ator from Nevada. brutal regime treats prisoners of war—
spend hardly any money on their na- Mr. ENSIGN. It has been asked, What they torture them—or how they treat
tional defense—because America has should the United States do to repair their own people, who either are afraid
been providing that umbrella of de- our relationship with France? My ques- to fight—I mean, if you had bombs
fense, and now we are using those tion is, What should France do to re- coming in night after night after night
bases, obviously, with their permission. pair its relationship with the United and you see people around you getting
That is something we appreciate, but States? The United States is attempt- blown up in their tanks, you would
it doesn’t take away the fact of the ing to defend itself, to rid the world of think that that might be a little
role they played in trying to turn a brutal dictator. September 11 unnerving.
world opinion against the United changed everything. We all know that. When those people try to go back to
States. I still think it is inappropriate America is vulnerable. America is the their homes, they say: You know what.
to have these funds going toward these only superpower left in the world, This regime is not worth giving my life
other countries. If this nullifies those which makes us a target. for. What do they do? They have check-
other contracts, as far as I am con- France is taking advantage of the points, and as those people try to
cerned, the purse strings are controlled fact that we are the only superpower leave, they are shooting them. That is
by the U.S. House and the U.S. Senate. and, because of that, there are natural the kind of regime with which we are
That is under the Constitution. We sentiments against one country having dealing, and that is the kind of regime
should be able to at least direct—when that much power—even though the France was trying to prop up.
we feel strongly—where some of those United States doesn’t go into countries Do I want to see our relations in the
funds could go. I think it would be to occupy them. We are going into Iraq future improve with Germany and im-
highly inappropriate for those funds to to liberate it and rebuild it and then prove with France? Yes, but they have
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4755
to come to the table with something (Purpose: To remove unauthorized and the bill to achieve that goal. This
for those relations to improve. The earmarked appropriations) amendment would not provide funding
United States gives and gives and At the end of the bill, add the following: for a number of items in the bill that
gives, and it is time for the United LIMITATIONS ON OTHER PROVISIONS are not associated with the stated pur-
States to hold countries accountable Notwithstanding any other provision of pose of the bill. If there is discussion
that come against us. That is all I be- this Act: by other Members, I make it fully un-
lieve this is doing. It is saying tax- (1) Amounts made available under sections derstood this amendment is proposed
payer dollars that are earned by the 310, 312, and 313 of title I shall not be made
in the framework of the title of the bill
available for the purposes stated in those
American people and sent to Wash- which I may repeat several times,
sections.
ington, DC, are not going to be sent to (2) Amounts made available for each of the which is: Making supplemental appro-
companies and citizens of France and following items elsewhere in this Act for fis- priations to support Department of De-
Germany. cal year 2003 shall not be made available as fense operations in Iraq, Department of
Mr. President, I suggest the absence provided in this Act: Homeland Security, and related efforts
of a quorum. (A) $500,000 for the Great Lakes Fishery for the fiscal year ending September 20,
The PRESIDING OFFICER. The Commission to be used for sea lamprey con-
2003, and for other purposes.
clerk will call the roll. trol in Lake Champlain within the Procure-
The bill clerk proceeded to call the ment, Acquisition and Construction Account Clearly, this legislation is to pay for
of the National Oceanic and Atmospheric Ad- the war in Iraq and other homeland se-
roll. ministration of the Department of Com-
Mr. STEVENS. Mr. President, I ask curity needs. It is not here to pay for
merce as provided for under chapter 2 of title agricultural facilities, for loan guaran-
unanimous consent that the order for II.
the quorum call be rescinded. (B) $225,000 for the Mental Health Associa- tees, for sea lamprey control in Lake
The PRESIDING OFFICER. Without tion of Tarrant County, Ft. Worth, Texas, to Champlain, for the Mental Health As-
objection, it is so ordered. provide school-based mental health edu- sociation in Tarrant County, Forth
Mr. STEVENS. Mr. President, I ask cation to schools in Tarrant County; $200,000 Worth, TX, or AIDS research at the
unanimous consent that the Ensign for the AIDS Research Institute at the Uni- University of California, for the study
amendment be temporarily set aside so versity of California, San Francisco, for De- of treatment of autism at the Geisinger
veloping County Medical Program to facili- Health System, Harrisburg, PA. None
we might consider an amendment of- tate clinician exchange between the United
fered by the Senator from Arizona. States and developing countries; and
of those, even in one’s wildest imagina-
The PRESIDING OFFICER. Is there $1,000,000 for the Geisinger Health System, tion, relates to the title of this legisla-
objection? Harrisburg, Pennsylvania, to establish cen- tion.
Mr. REID. Reserving the right to ob- ters of excellence for the treatment of au- What Senator KYL and I have done is
ject, as I have explained to the man- tism, as provided for under paragraph (5)
propose an amendment, rather than
agers of the bill, we have been waiting under the amendments to Public Law 108–7
for matter under the heading ‘‘Department drag the Senate through each indi-
now for some time for the Senator vidual measure and forcing votes on
of Health and Human Services, Health Re-
from Delaware. He will be here and he it—which we could have done—but
sources and Services Administration, Health
will now speak after the Senator from Resources and Services, under the Depart- lump them all together and find out
Arizona. It is my understanding on the ment of Labor as provided for under chapter whether the Senate is going to con-
Ensign amendment there are others 5 of title II. tinue its porkbarreling ways, which
who wish to speak so Senator BIDEN (3) Amounts appropriated for each of the
has become, to me, a national scandal,
would not be the last. following items for fiscal year 2003 shall be
zero instead of the following amounts appro- or we are going to draw the line some-
I have no objection.
priated elsewhere in this Act: where.
The PRESIDING OFFICER (Mr.
(A) $98,000,000 for Buildings and Facilities Let me go specifically through what
BUNNING). Without objection, it is so
under the Agricultural Research Service of our amendment would not fund. It
ordered. the Agricultural Department as provided for
Mr. STEVENS. Mr. President, I un- under chapter 1 of title 1.
would not fund $98 million for buildings
derstand there may be several Senators (B) $50,000,000 for the cost of guaranteed and facilities under the Agricultural
who wish to speak on the amendment loans under the Maritime Guaranteed Loan Research Service to continue construc-
of Senator ENSIGN. It would be my de- (title XI) Program Account of the Maritime tion for USDA research facilities. Of
sire that we accommodate those people Administration of the Department of Trans- course, it is designated in Ames, IA.
but then go back to the McCain amend- portation as provided for under chapter 10 of
title 1. The very first lines in the emergency
ment until he has finished. The Ensign supplemental bill include $98 million in
(C) $1,000,000 for the Jobs for America’s
amendment will be with us for a little Graduates (JAG) school-to-work program for funds that are intended to be used to
while this afternoon. at-risk young people for Training and Em- continue modernization work on the
Does the Senator from Arizona wish ployment Services under the Employment animal and inspection services facility
to enter into a time agreement? and Training Administration of the Depart- near Ames, IA. I note this facility re-
Mr. MCCAIN. I am sure it will not be ment of Labor as provided for under chapter ceived favorable attention from the ap-
long, but since my colleague Senator 5 of title II.
propriators previously when a $50 mil-
KYL wants to speak on it, I would like Mr. MCCAIN. Mr. President, as I said lion earmark for the same facility was
to wait before entering a time agree- yesterday during the debate on the included in last year’s supplemental
ment. supplemental, I hope we can consider bill that was intended to fight the war
Mr. STEVENS. For the interest of the bill that did not include a host of against terrorism. An additional $33
Senators, could we have some time- add-ons and provisions not requested million was also earmarked in the fis-
frame? by the administration. Today, with cal year 2003 omnibus appropriations
Mr. MCCAIN. It should not be more many of our young men and women in bill.
than 15 or 20 minutes. harm’s way, we should be considering a
Mr. STEVENS. I thank the Senator. measure to support the ongoing war ef- The administration has previously
AMENDMENT NO. 481 forts and our Nation’s homeland secu- stated additional funding as suggested
Mr. MCCAIN. I have an amendment rity needs free of earmarked or unau- in last year’s supplemental bill was not
at the desk, and I ask for its immediate thorized provisions. Unfortunately, an essential priority at that time. As a
consideration. that is not the case with the bill before further demonstration of the non-
The PRESIDING OFFICER. The the Senate. emergency nature of this project, the
clerk will report. I wonder why we could not once—es- administration’s 2004 budget does not
The assistant legislative clerk read pecially with a war going on—bring request any funding to supplement this
as follows: forward a bill that was free of unneces- effort.
The Senator from Arizona [Mr. MCCAIN], sary provisions in wasteful earmarks. I Certainly, the study of farm animal
for himself and Mr. KYL proposes an amend- hoped we could do it just once. diseases and controlling known and un-
ment numbered 481. The amendment offered by Senator known animal diseases are clearly im-
The amendment is as follows: KYL and myself is intended to improve portant to national public health
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S4756 CONGRESSIONAL RECORD — SENATE April 3, 2003
issues. As part of the Government’s ef- support of our defense needs. This ar- No one disputes that the goals of this
fort to improve its knowledge of dis- gument has been used time and time program are worthwhile and that this
ease agents and mechanisms, this re- and time and time again in an attempt may be a valuable and effective pro-
search facility and other related facili- to justify this porkbarrel program. Ap- gram. But what is it doing in a appro-
ties do serve an important purpose. propriators have claimed for years that priations bill whose purpose, by its
However, this work is already under- commercial ship construction keeps stated title, is to ‘‘support Department
way. Adding an additional $98 million shipyards open and reduces the costs of Defense Operations in Iraq, Depart-
as part of this essential war spending associated with defense ship construc- ment of Homeland Security, and Re-
measure is simply not required or nec- tion. lated Efforts . . .’’? Can someone tell
essary. I cannot argue against the claim that me how this program is so related to
Finally, this ongoing project will providing subsidies helps to keep ship- our war effort and homeland security
clearly be the subject of additional ap- yards open. There is little, if any, evi- that we must provide funding for it
propriations in future years through dence that commercial ship construc- today in this bill? If it is so urgent,
the routine appropriations process. tion reduces the costs associated with then why was it not included in the
These particular renovations are not defense ship construction. In fact, re- President’s supplemental appropria-
scheduled to be completed for at least cent evidence shows just the opposite. tions request?
a few more years. I find it difficult to In February, the Department of Jus-
tice filed suit against Newport News When we consider the Labor/HHS ap-
believe removing this $98 million ear- propriations bill for the next fiscal
Shipbuilding for knowingly
mark at a time when it is not needed year, we should debate funding for this
mischarging the U.S. Navy for more
will jeopardize its continued planning program at that time. The Labor/HHS
than $72 million of costs related to the
and construction. appropriations bill is the proper legis-
We will not fund $50 million for the design and development of commercial
tankers which were passed through as lative vehicle for debate about this
Maritime Administration’s title XI program—not this war supplemental.
overhead on major Navy shipbuilding
loan guarantee program. Chapter 10 of We are doing a disservice to our young
contracts. This is one case, but clearly
title I provides $50 million in funding men and women fighting the war in
more investigation is needed to deter-
to the Maritime Administration’s title Iraq by attaching this unrelated pro-
mine how other yards are doing their
XI guaranteed loan program for ship- work. gram to a bill designed to support their
builders and shipyards. As I said yes- I point out again, $490 million in de- efforts.
terday, this funding is not justified as faults over the last 5 years is a lot of Mr. President, there is $225,000 for the
part of an emergency supplemental to money. Speaking of a lot of money, I Mental Health Association of Tarrant
fund the ongoing war. Not only is the point out the $98 million for building County, Ft. Worth, TX to provide
program riddled with problems, but the facilities under the Agricultural Re- school-based mental health education
administration did not propose funding search Service and $50 million for the to schools in Tarrant County; $200,000
it, either in its 2004 or 2003 budget. The Maritime administration is about $150 for the IDS Research Institute at the
Title XI program does not serve any million that is being added. So we are University of California, San Francisco
defense or homeland security purpose. not talking about small amounts of for Developing County Medical Pro-
It should not receive funding under the money. gram to facilitate clinician exchange
guise of a wartime need. Mr. President, $500,000 for another between the United States and devel-
The title XI program is without ques- program that will not be funded is oping countries; and $1,000,000 for the
tion one of the most wasteful and mis- $500,000 for the Great Lakes Fishery Geisinger Health System, Harrisburg,
managed guarantee programs in the Commission. Title 11, Chapter 2 of the PA to establish centers for excellence
Federal Government. Since 1998, loan bill earmarks $500,000 for the Great for the treatment of autism.
defaults have totaled $490 million. On Lakes Fishery Commission to be used
Monday of this week, the Department The Department of Health and
for sea lamprey control in Lake Cham- Human Services (HHS) portion of the
of Transportation’s Office of Inspector plain. This funding was not requested
General released a report that details emergency supplemental spending bill
by the administration and the sea lam- to fund the war in Iraq contains several
the multiple problems with the pro- prey does not, in my opinion, pose a
gram’s administration. Moreover, how earmarks. Such funding may be for
clear and present danger to our na- worthy health endeavors. However,
can this provision be aimed at sup- tional security. I hope my colleagues
porting the current war when vessels these provisions are earmarks and they
will agree that a wartime supplemental do not belong within the text of an
take years to be built? It simply can- is not an appropriate vehicle to fund an
not. emergency bill devoted to funding the
earmark of this nature, which has ab- war. These earmarks are funded from
I take a moment to respond to some solutely nothing to do with fighting
of the comments made by my col- monies allocated by the fiscal year 2003
the war in Iraq or meeting our home- omnibus appropriations bill which I un-
leagues yesterday on the floor in de- land security needs.
fense of the title XI Maritime Loan derstand were earmarked in the accom-
One million dollars for the Jobs for
Guarantee Program that warrant clari- panying report. But now, the appropri-
America’s Graduates (JAG) school-to-
fication to ensure there is no mis- ators are seeking to earmark them in
work program for at-risk young people
conception about the program. statute.
for Training and Employment Services
First, it was asserted that this pro- under the Employment and Training There is directive language that
gram is a critical need for the auxiliary Administration of the Department of would allow West Point cadets to re-
maritime capacity during time of war. Labor. ceive flight training during the sum-
Yet based on information provided by The supplemental appropriations bill mer at The University of North Da-
the Maritime Administration, nothing provides $1 million for the Department kota.
could be further from the truth. The of Labor’s Jobs for America’s Grad- Last year’s appropriations Senate
fact is, as I indicated in my statement uates school-to-work program for at- Report—I emphasize ‘‘report,’’ which
yesterday, out of the 51 vessels cur- risk youth people. This program is a does not have the effect of law—ear-
rently being used in support of Oper- school-to-career program implemented marked $2 million in Army Operation
ation Iraqi Freedom, only 1 was built in 1,000 high schools, alternative and Maintenance account for the Uni-
using a title XI maritime loan guar- schools, community colleges, and mid- versity of North Dakota ROTC pro-
antee. Furthermore, when the Mari- dle schools across the country and gram, known as ‘‘Air Battle Captain.’’
time Administration reviews such loan United Kingdom. Its mission is to keep On this supplemental bill, there is di-
applications, it does not evaluate them young people in school through gradua- rective language which would author-
to determine if the proposed vessels tion and provide work-based learning ize—for the first time—a new program
have any military applicability. experiences that will lead to career ad- to teach flight training to West Point
Second, the proponents of this fund- vancement opportunities or to enroll in cadets during summer training at the
ing claim that the program strength- a post-secondary institution that leads University of North Dakota. This
ens our shipbuilding industrial base in to a rewarding career. sounds like a good program, but
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4757
shouldn’t this aviation training pro- money for a general fund and it is in then earmarked, under the guise as
gram be competitively bid? Perhaps ca- the report language, not having the technical corrections, in a subsequent
dets could be better trained at the force of law, so, therefore, those of us measure. In fact, this is the very situa-
Army aviation school at Fort Rucker who want to eliminate it cannot do so tion that is taking place with the
in Alabama. Arizona also has a very because it is in the report language. above mentioned earmarks under the
good aviation school in Prescott, AZ— Then in the following appropriations Department of Health and Human
Emory Riddle University. These bill, they earmark from that report Services. Funding was authorized and
schools should be afforded the same op- language in the law the porkbarrel now we are expected to not even ques-
portunity to train West Point cadets. project. It is wrong. It is wrong. tion the fact that the pending bill pro-
At the very least, there should be com- In any case, there is no doubt this poses a number of provisions to ear-
petition, to determine the most cost- year—the war supplemental to support mark the previously authorized funds.
effective means to provide this type of Department of Defense operations in Again, I will never underestimate the
initial pilot training to West Point ca- Iraq—includes directive bill language imagination and creativity of the Ap-
dets. I don’t know. However, I do know specifically to provide $6.8 million from propriations Committee. This is one
the appropriations bill should not di- Air Force Operation and Maintenance pattern that must be halted.
rect the West Point Superintendent to accounts to build and install fiber optic I hope we can vote in favor of this
send his cadets only to The University and power upgrades at the 11th Air amendment. It is not a huge amount of
of North Dakota, without consider- Force Range in Elmendorf Air Force money when we are talking about the
ation of other pilot training capabili- Base in Alaska. Furthermore, there is size of this overall bill. I believe all of
ties. That is wrong. That is wrong. $3 million earmarked in the Operation these provisions from which we are try-
In the Senate report—not in bill lan- and Maintenance accounts directing ing to eliminate the money would prob-
guage—there is an earmark for $12 mil- the Army to build a rifle range for the ably be restored in a normal appropria-
lion from Defense-Wide Research, De- South Carolina National Guard. Why tions process—whether I happen to
velopment, Testing and Evaluation for not use Military Construction funding, agree with it or not. But how do we tell
airfield improvements in Alaska that if this was a worth-while project. Why our constituents, who are paying their
may be associated with the ground- hide it in Operation and Maintenance taxes—and understanding they have
based mid-course missile defense pro- funding? difficult times now with unemploy-
gram. Because this is report language, For the benefit of my colleagues, op- ment high, with cutbacks, and people
I can not strike it in my amendment, erations and maintenance money is being laid off—that we are going to
however it is equally as appalling. used to train people. This is what we take their tax dollars, in the name of
According to the Congressional Budg- could use to provide spare parts. This funding the war on Iraq and homeland
et Office and the Office of Management is the heart and soul of the movement security, and spend it on these
and Budget: ‘‘Research, Development, and readiness of our military. So we projects? I do not think we should be
Testing, and Evaluation covers the are, in report language, saying they doing this.
costs of developing and testing new should take money from operation and I hope my colleagues will consider
systems and subsystems.’’ My staff ad- maintenance accounts to build voting in favor of the amendment.
vises me that, this may have been in- fiberoptic and power upgrades at El- The PRESIDING OFFICER. The Sen-
cluded in previous appropriations ta- mendorf Air Force Base and to build a ator from Nevada.
bles in some form—but I could not find rifle range for the South Carolina Na- Mr. REID. Mr. President, if I could
it. However, I question the merit of tional Guard. direct a question to the Senator from
this earmark. If this was a valid pro- The one thing many of us have wor- Arizona, it is my understanding there
gram, why would we take critical dol- ried about, and worried about for years are others who wish to speak on your
lars from research, development, test- and years, is operation and mainte- amendment. The reason I mention that
ing, and evaluation funding—which Re- nance. We always shortchange them is because what we would like to do is
publicans and Democrats alike, under- because they are nonsexy items. There arrange a vote on your amendment in
stand is underfunded according to de- is no contract let, generally speaking, the order that has been set to begin at
fense budget experts—to pay for air- for operation and maintenance—to pro- 1:50.
field improvement in Alaska? Why are vide the spare parts, the maintenance Prior to that, the ranking member of
we robbing critical defense Research, of the high-tech equipment, the fuel, the Foreign Relations Committee is
Development, Testing, and Evaluation all of those things. Now, where is this here to speak on the preceding amend-
funds to pour concrete? Why not use directed money coming from for ment. As the Senator from Arizona
Military Construction money? Mr. fiberoptic upgrades, for building a rifle knows, we took the Senator from Ari-
President, $12 million is a lot money range? Out of operation and mainte- zona out of order.
for airfield improvements. nance. How long does the Senator from
The Commerce, Science, and Trans- Again, according to the Congres- Idaho wish to speak?
portation Committee provides Airport sional Budget Office and the Office of Mr. CRAIG. No more than 5 minutes.
Improvement Program funding for air- Management and Budget: ‘‘Operation Mr. MCCAIN. I mention to my col-
ports in the United States for planned and Maintenance (O&M) includes league, I tried to get a handle on it. My
maintenance and construction. This is spending on fuel, spare parts, and over- colleague from Arizona, Senator KYL, I
a lot of money to refurbish the airfield. hauls of military equipment. O&M also know wants to speak on it, but I am
Because it is report language—it is a includes spending on such items as not sure there is a lot of other signifi-
Senate Appropriations Committee rec- health care, environmental programs, cant debate on the amendment.
ommendation only—the Department of the maintenance and repair of build- Mr. REID. I ask unanimous consent
Defense does not need to apply the $12 ings, roadways, runways, and base op- that when the Senator from Idaho fin-
million in this way, so it could simply erating support including telephone ishes his remarks, the Senator from
ignore the Committee recommendation systems and computers.’’ Delaware be recognized and we would
as it does not have the force of law. Report language does not have the return temporarily back to the Ensign
Similarly, there are two other ear- force of law. The war supplemental bill amendment.
marks—that my colleagues will ex- language does however. There will now Mr. MCCAIN. I object.
plain are not new earmarks. In fact, be no doubt in any Pentagon general Mr. REID. The Senator from Dela-
they were included in the Senate Ap- counsel’s mind because the Iraqi war ware.
propriations Report language last year. supplemental says: Spend the money or Mr. MCCAIN. After that, return to
We have a new kind of routine that is you will be breaking the law. the Ensign amendment or return to the
going on here by the appropriators that Mr. President, let me also express my McCain amendment?
certainly is a testimony to imagina- deep concern about a pattern that Mr. REID. He is going to speak on
tion, but I think it is something that is seems to be developing. It seems to be- the Ensign amendment. Then we would
a new opening for porkbarrel spending. coming a practice in which funding is immediately go back to the McCain
In an appropriations bill, you put in provided in one appropriations bill, and amendment.
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S4758 CONGRESSIONAL RECORD — SENATE April 3, 2003
The PRESIDING OFFICER. Would funding defense, funding our war effort, thing about this great country when we
the Senator repeat the request? making sure we hold our spending are willing to put ourselves, our men
Mr. REID. I am happy to. I ask unan- down so the deficit does not become and women and our resources, at risk
imous consent that the Senator from unmanageable, getting this economy to save others, to free others, to pro-
Idaho, Mr. CRAIG, be allowed to speak turned on, and getting the men and vide them with a better opportunity.
for up to 10 minutes on the pending women of America back to work. That That is what we are doing in the nation
amendment, the McCain amendment, is really what we all ought to be about of Iraq at this moment.
and that following his statement, the at this moment. Certainly this supple- The war, on the whole, goes well, and
Senator from Delaware, Mr. BIDEN, be mental appropriations bill ought to ad- I am extremely proud of those who exe-
recognized to speak on the Ensign dress just that. cute it and those brave souls who stand
amendment; and that following the I must tell you, there is a part of this in harm’s way on behalf of our country
statement of the Senator from Dela- bill I am struggling with: $3.5 billion to and on behalf of the citizens of Iraq.
ware, we will go back to the McCain benefit the airline industry. I do not The supplemental appropriations is
amendment. question the value of the airline indus- about that. And it should be about that
The PRESIDING OFFICER. Is there try. I do question whether it has reor- and not about a lot of other things that
objection? ganized, restructured, asked its em- can appropriately come before the Ap-
Without objection, it is so ordered. ployees, asked its executives, asked its propriations Committee, on which I
The Senator from Idaho. pilots to reshape their salaries to get serve, and/or the authorizing commit-
Mr. CRAIG. Mr. President, I come to them in line with other industries in tees that should be setting the nec-
the floor to speak in support of S. 762, our country, and, as a result of that, essary budgets, holding the necessary
but in doing so, I have been seated here get their act back together instead of hearings as it relates to how the public
for the last few minutes listening to asking the American taxpayers to con- resources of this country get allocated.
the senior Senator from Arizona. I tinually bail them out. So I trust that my colleagues will re-
must tell you, what he speaks about in I do not, in any way, underestimate view this critically, can, in the whole,
relation to this appropriations bill the value of the flow of commerce and support S. 762, and recognize its impor-
makes a good deal of sense. industry in this country, of tourism tance as we fight our deficits, work to
I think all of us are looking at debt and recreation, and business men and turn on an economy, work to put the
and deficit at this moment and recog- women flying around our country, and men and women of America back to
nizing the tremendous importance of certainly the average person who just work, and at the same time assure
supporting our men and women in uni- wishes to travel for whatever purpose. those who stand in harm’s way in Iraq
form and our President’s request for at this very moment that they have
I understand the importance of the air-
supplemental spending for the oper- the support of a country, an appre-
line industry.
ations in Iraq, knowing full well we I will vote for this legislation, but I ciative country, and they have the re-
will fully fund all they need in that am struggling mightily at this moment sources of this country to assure them
area. in an industry that just has not faced the material necessary to not only exe-
We also recognize this may well be a the reality of the day, the reality of cute their mission but to keep them
time for some belt tightening. We are years and years of building a commit- safe.
creative around here as it relates to With that, I yield the floor.
ment to its employees that it may now Mr. SHELBY. Mr. President, I rise in
our ability to associate certain activi- not well be able to finance and, there- support of the amendment by the Sen-
ties in our State with other activities fore, to ask the American taxpayer to ator from Arizona, an amendment of
in a national sense, to build a slightly bail them out in absence of significant which I am a cosponsor.
different image or character of them. reform. This amendment, if accepted, will re-
I think we need, at this point in Some airlines are doing that. Some quire the Department of State to
time, to be much more careful than we have already announced major cut- produce a report within 60 days fol-
have been in the past, and deal with backs, major adjustments in salary, lowing the termination of offensive
our debt and our deficit and recognize and they are struggling to hang on. military operations in Iraq detailing
that money is very tight, and that we Others have not done so. I hope they everything that is known about that
are struggling at this moment as a will follow suit. We have put some pro- country’s weapons of mass destruction
Senate, as a Congress, working with visions in the legislation that I trust programs, as well as about its ability
our President, to do a variety of things will allow for that. to field conventional forces after a dec-
that, in the near future, are going to be Lastly, let me say, because I have ade of sanctions. Most importantly, it
very critical—not only the operations not had the opportunity in the last sev- will require that the report in question
ongoing in Iraq but the economy itself, eral days—busy in briefings on the war, provide a thorough description of the
and being able to build a stimulus busy in committees—to come to the means by which Iraq acquired the de-
package for this economy that gets it floor and, as one of Idaho’s Senators, signs, technologies, components, and
rolling, gets investment back into the and 1 of 100 Senators here, tell the men systems with which to develop and con-
marketplace, and builds job opportuni- and women in uniform who are cur- struct weapons of mass destruction and
ties for the men and women in America rently in harm’s way in Iraq how proud their means of delivery.
who are currently out of work. It is I am of them, how proud I am of their Finally, the report required by this
certainly true in my home State. It is leadership and the tremendous work amendment will include a discussion of
true across the Nation at this moment. they are doing there on behalf of the effectiveness of the unilateral and
Our economy is flat. We struggled human freedom, on behalf of the civil- multilateral agreements designed to
mightily to put a budget resolution ian population of Iraq, who for decades prevent Iraq’s acquisition of weapons
out. That budget resolution is now have only known the iron fist, the bul- of mass destruction and their means of
working its will with the House in a let, or the poison of a dictator who has delivery. This is not intended as an in-
conference to try to resolve our dif- brought that country to phenomenal dictment of these agreements. On the
ferences, to set the spending trend and despair—a country that has lost almost contrary, they were an essential com-
limits for the coming fiscal year, and, a quarter of a million people in the last ponent of the structure needed to try
as importantly, to build a stimulus decade through starvation or from flee- to contain Iraqi aggression and impede
package to get this economy moving. ing their homeland just for the sake of its ability to acquire such weapons.
This is not a time for extra spending. their families and themselves and their Rather, it is intended to educate us as
This is not a time for that extraor- well-being. to the ways in which rogue govern-
dinary opportunity, if you will, that We are there for a purpose. Yes, it is ments seek to manipulate and under-
clearly has value, certainly in the self-serving in the sense of the stability mine sanctions regimes and, in some
minds of the Senator and the home of our country and the wiping out of instances, exploit the somewhat mer-
State that he or she represents but in terrorism around the world and those cantilist tendencies of some nations to
the whole of things may not be as im- who might feed it and those who might look the other way when logic other-
portant in this moment in time as is cause it to flourish, but it says some- wise dictates caution.
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4759
American blood is being shed in the I begin by saying, I have just spoken German government and the people we
deserts and in the towns and villages of with the White House and the State have received to date, including leader-
Iraq for the principal purpose of ensur- Department. They are adamantly op- ship of the peacekeeping forces?
ing that a brutal dictator is denied the posed to this amendment. France and Mr. BIDEN. Absolutely, positively
ability to use chemical, biological or Germany are providing support for our not. Because of the, as some view
nuclear weapons against his neighbors, effort to disarm Saddam that exceeds them, arcane rules of the Senate, the
against U.S. interests, and against the that of many countries who were for- Senator has to make his point by ask-
American homeland. The reasons that mally members of the coalition. There ing me questions. I would be delighted
we arrived at this point in time are are overflight and basing rights, and to yield him some time to speak to this
many and are varied. Suffice to say, many of our wounded are being flown directly as well.
however, that vitally important les- first to Germany before they come What we are both saying is, this is a
sons will be drawn from this conflict, here, not to mention their absolutely fool’s errand. This is a foolish under-
and from the period leading up to it. critical support in the war on ter- taking. Let me lay it out, if I may. And
Among those lessons will be ways in rorism. then I will be delighted to save some
which Iraq was able to amass the capa- Again, I understand the motivation time for my friend from Arizona, who
bilities that it possessed at the time of and the frustration and the anger that is not only a good personal friend, but
Operation Desert Storm, and that it may be behind some who want to sup- a person for whom I have great respect
was able to retain and accumulate in port the amendment. Our decision to on all matters, particularly foreign
the decade since. We know, for in- use force in Iraq has created deep divi- policy.
stance, that it succeeded in exploiting sions within the Security Council. The first reason this would be such a
oil-for-food income for illicit purposes. Nonetheless, America need not and profound mistake is that rebuilding
What we need to better understand and cannot take sole responsibility for the Iraq an Iraq that is secure and self-suf-
to illuminate for the public, however, challenges of postwar Iraq. That is ex- ficient, whole and free is going to re-
is the extent to which others facili- actly what this would produce. We quire tens of billions of dollars over
tated such transactions. can’t allow the Security Council and many years. While Iraq’s long-term
As the remains of Americans killed our Atlantic alliances to become cas- economic promise is good, its short-
in combat and in combat-related acci- ualties of this war. term prospects are bleak.
dents return home for burial, and as Mr. MCCAIN. Will the Senator yield This is something we don’t focus on.
the images of innocent Iraqi victims for a question? Iraq’s annual oil revenues in the first 5
fills the world’s television screens, a Mr. BIDEN. I am happy to. years after Saddam is out—God will-
reckoning will increasingly be in order. Mr. MCCAIN. The Senator is aware ing—are projected to be no more than
This war is a terrible necessity. I fully there are German military and civil- $15 billion. Iraq is saddled, as they
support the President of the United ians working right now, helping in the should be, with U.N. sanctions, an esti-
States in his decision to bring a dec- reconstruction and peacekeeping in mated $61 billion in foreign debt, and
ade-long problem that threatens our Bosnia, Kosovo, and Afghanistan? $200 billion in reparation claims
national interest to a definitive con- Mr. BIDEN. I am. through the U.N. Compensation Com-
clusion. As the elected representatives Mr. MCCAIN. And have these Ger- mittee. So the idea that we can thumb
of the American public, however, it is mans perhaps been associated with our nose at the rest of the world and
incumbent upon us to prepare to focus some firm that may also be in the work say, we don’t need you in there helping
our attention on the history that of reconstruction and peacekeeping in us, is profoundly mistaken.
brought us to where we are today. Only Bosnia and Kosovo and Afghanistan? Many Senators think that what hap-
through a thorough examination of the Does my friend from Delaware believe pens once Saddam is down, once the
ways in which Saddam Hussein was somehow we should prevent any com- war is over, is that the oil is going to
able to reach the stage where we were pany, corporation, or individual who flow and there will be plenty of money
compelled to bring the full weight of may have a contract in those three for the Iraqis to move toward democ-
our national power to bear upon him parts of the world from doing so? racy, reconstruct their country, all
can we hope to prevent a recurrence Mr. BIDEN. Absolutely not. Any from their oil revenues.
elsewhere in the world. more than they should be in Iraq. This The fact is, the estimates are, if all
I urge support for this amendment. It amendment is a disaster. I understand goes well, there will be no more than
is about knowledge. It is about learn- the frustration. But this is a case $15 billion a year, and they sit now
ing from the past. It is about helping where, as my dear mother would say— with obligations that exceed $61 billion
to avoid traveling the road to war and my friend from Arizona has met in foreign debt and $200 billion in
again in the future because we failed to my mom—she would look at me when claims.
keep our moral bearings in the present.
we were both young—neither the Sen- Experts who have testified before the
Vote yes on the Kyl amendment.
ator from Arizona nor I have a temper Foreign Relations Committee put the
The PRESIDING OFFICER. Under a
previous order, the Senator from Dela- any longer, but when we were young we price tag at post-conflict security—a
ware is recognized. were alleged to have tempers. My fancy phrase for saying after the war is
AMENDMENT NO. 488
mother, every time I would lose my over—humanitarian assistance and re-
temper, would look at me and say: construction to be between $20 and $25
Mr. BIDEN. Mr. President, I rise to
JOEY, don’t bite your nose off to spite billion per year for the next 10 years.
speak against the amendment of a good
your face. My point is, the United States should
friend of mine, Senator ENSIGN from
We are about to, in the colloquial not take on that obligation alone. Yet
Nevada. He introduced an amendment
phrase, bite our nose off to spite our if we bar the companies of friendly
that maybe I should have been aware of
face if, in fact, we were to ever allow countries who did not support us in the
but was unaware of until just a few
minutes ago that reads: this amendment to become law. war from taking part in the peace,
Mr. MCCAIN. One more question: As what incentive will there be for their
No funds appropriated or otherwise made
available in this Act for purposes of recon- the ranking member and senior and governments to help pick up the tab? I
struction of Iraq may be obligated or ex- former chairman of the Foreign Rela- respectfully suggest it would be zero.
pended to pay any person who is a citizen of tions Committee, suppose in the case of Secondly, as pointed out to me by
a country named in a subsection. Kosovo, where Germany contributed the State Department and my staff—
It goes on to name in the subsection enormously in the force of peace- and it is self-evident when you think
France and Germany. keeping, medical care, other provisions about it—this is going to require the
I don’t want to speak for the Senator, of sustenance, particularly in Kosovo so-called ‘‘iffies,’’ the World Bank, the
but that view is an expression of the and Bosnia, where there was enormous International Monetary Fund, and
frustration of an awful lot of Ameri- devastation, suppose we had passed a other international banking institu-
cans and some anger at the failure of law like this with regard to Bosnia or tions, to be part of this reconstruction.
the Germans and the French to support Kosovo: Do you think we would have We are taking a country that has been
our effort to disarm Saddam Hussein. gotten the kind of assistance from the decimated by a guy named Saddam for
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S4760 CONGRESSIONAL RECORD — SENATE April 3, 2003
the past several decades, and we are achieve that. Who is going to be in- struction, but to begin the process of
going to try to make it a member of volved with us if, in fact, we take these stabilizing in that region so we don’t
the family of nations on the road to de- punitive measures because they dis- have to send, in the future, our chil-
mocracy. We know how hard that is, agreed about the course of action to dren—young American men and
even where there has been no war. We begin with? women—to Iraq to give their lives to
know how important it is to have Fifth, many around the world, even secure our freedom.
international institutions part of the long-time allies, question our motives I am not in any way suggesting the
process of helping fledgling democ- in Iraq. They believe, wrongly, that the motive of my friend from Nevada, Sen-
racies come into being. President was driven by a quest for oil, ator ENSIGN, is not a pure one. I am
Now, what prospect do you think driven by commercial interests, or im- suggesting that it is dangerously mis-
there is that the World Bank will get perial designs. They are dead wrong. guided.
involved, or the IMF, if in fact the two But barring foreign companies in the I am prepared to yield the floor. I am
leading members who make decisions industrialized world—particularly from looking to the leadership here to deter-
on those boards are German and France and Germany—from taking mine whether I should suggest the ab-
French and they are prohibited, in an part in the peace, would only go a step sence of a quorum.
almost spiteful way, from having any further to confirm the misconception Mr. President, I suggest the absence
German or French individuals, let that we are in this for economic gain. of a quorum.
alone any companies, participating in We are not. That is not why the Presi- The PRESIDING OFFICER. The
anything having to do with the recon- dent moved. If we allow that to happen, clerk will call the roll.
struction of Iraq? I believe we risk further erosion of The senior assistant bill clerk pro-
Third, we need military forces of those alliances and institutions that ceeded to call the roll.
those countries to be in on the peace. have been essential to American secu- Mr. GRASSLEY. Mr. President, I ask
That is what the Secretary of State is rity and global cooperation for more unanimous consent that the order for
doing right now. He is meeting with than 50 years. It would undermine our the quorum call be rescinded.
NATO. The Associated Press published interests because we cannot contend Mr. REID. Mr. President, I object.
an article today entitled: ‘‘Powell Says with all the threats around the world, The PRESIDING OFFICER. Objec-
U.S. Will Lead Postwar Effort in Iraq.’’ including the unfinished war on ter- tion is heard.
And I quote: rorism, the dangerous nuclear pro- The clerk will continue with the call
grams in North Korea and Iran, and the of the roll.
Powell and the Europeans did reach a ten-
tative agreement, however, that NATO spread of infectious diseases, such as The senior assistant bill clerk con-
should consider deploying peacekeepers to SARS, without the cooperation of oth- tinued to call the roll.
Iraq. Mr. GRASSLEY. Mr. President, I ask
ers in the world. Making friends and al-
I want someone else in the deal be- unanimous consent that the order for
lies who oppose the war our partners in
sides the United States. I don’t want it the quorum call be rescinded.
Iraq’s peace can go a long way to repair
The PRESIDING OFFICER. Without
merely to be for the next year or 2, 3, the hard feelings that have been emerg-
objection, it is so ordered.
4 or 5 years that there is a young ing in recent months. Mr. GRASSLEY. Mr. President, I
American woman or man standing at Six, if we start blackballing foreign
wish to speak against the McCain
every checkpoint, guarding every bor- companies, we better be prepared for
amendment. I assume that is in order.
der crossing, guarding every oil field, retaliation against the many American The PRESIDING OFFICER. The Sen-
and becoming the target of every mal- companies operating in France, Ger- ator may proceed.
content and terrorist in the world. many, and other countries. These
AMENDMENT NO. 481
I want the world to take on this re- American companies bring in billions
sponsibility with us. That is what the Mr. GRASSLEY. Mr. President, I
of dollars that support tens of thou-
Secretary of State is trying to do. A urge my colleagues to support funding
sands of jobs in the United States of
military occupation, even temporary, for the construction of the Ames, IA,
America. If we were to blackball those
that includes only Americans and Brit- animal health facilities laboratory.
who disagreed with us, including
ish soldiers could fuel resentment That is the National Animal Disease
France and Germany, from partici-
throughout the Middle East, bolster al- Laboratory—a national facility, not an
pating in any way in the reconstruc-
Qaida’s recruitment, make America Iowa facility—in Ames, IA. I heard my
tion of Iraq, I believe you would see
the target for terrorists and mal- colleagues question the relevance of
retribution from that which will have
contents everywhere. If the military this provision. I am here now to ex-
impacts beyond anything I am sure my
mission stretches beyond several plain to all my colleagues the impor-
friend from Nevada, Mr. ENSIGN, in-
months or years, as is predicted, the tance of this facility to America’s na-
tended. This amendment would put a
failure to include other countries tional security.
lot in jeopardy.
Let me conclude—because I see the In the event of an animal disease out-
would compound these problems and, I
chairman on the floor—by reiterating break, this facility in Iowa will play a
predict, if history is any teacher, turn
what I said at the outset, which is that very crucial role. Whether the issue is
us from liberators into occupiers.
We need to make peace in Iraq the the Ensign amendment is opposed by bioterrorism or a new or emerging dis-
world’s responsibility, not just our the White House. I spoke to Dr. Rice, ease, this facility will be centrally in-
own. If we bar their companies from and I am authorized to say the White volved. Modernization of this facility
the peace, we may as well forget about House opposes this amendment because that was built three or four decades
their help on the security side. Let’s it would deny the President of the ago is a paramount priority to ensure
not undermine our diplomacy here by United States the flexibility he needs. I America’s agricultural biosecurity and
passing such an ill-conceived amend- spoke to the State Department, the the safeguard of our food supply. Both
ment. Deputy Secretary of State, who point- the Department of Agriculture in
Four, if the United States alone se- ed out that this would significantly un- Washington, as well as this Congress,
lects a new Iraqi government—even an dermine the other projects, the other have recognized the importance of
interim one—that will call into ques- issues we are trying to negotiate with moving forward with this moderniza-
tion the government’s legitimacy in our allies. tion project as quickly as possible.
the eyes of the Iraqi people, the region, The last point I will make is this: I quote from a May 2001 report which
and the world. Iraqis who have lived Some will say, why do we have to re- was issued by the Secretary of Agri-
through the brutality of Saddam Hus- construct Iraq at all? If we fail to se- culture:
sein’s rule should be given the time, cure the peace in Iraq, then we will fail The Agricultural Research Service and
Animal Plant and Health Inspection Service
the space, and the support to choose to honor those young marines and sol-
partnership in Ames represents an un-
their own leaders and to develop the in- diers and airmen and Navy pilots who matched team of scientific and response per-
stitutions of a stable representative have been killed in Iraq. The purpose of sonnel providing expertise and skill to ad-
government. We should work with the this endeavor is not only to deny Sad- dress known and emerging domestic animal
international community to help dam Hussein those weapons of mass de- disease threats.
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4761
Our current national threat level to delete but instead vote for con- Iowa, who spoke a moment ago. When
demonstrates that we need to be aware tinuing the process that is already in he lays out the case for this particular
of our environment and prepared for re- place, that has expended tens of mil- facility in Ames, IA, I do not think any
alistic threats. Animal disease is a re- lions of dollars of the taxpayers’ money of us can quibble with that. That is not
alistic threat to all Americans because in partial renovation. To move one step the point.
it affects our food safety and supply. closer toward that renovation for the The point of this amendment is lit-
Even without bioterrorism, we know safety of our food supply means to vote erally to help the chairman of the Ap-
what mad cow disease, for instance, against the McCain amendment. I yield propriations Committee resist the very
has done to agriculture and to the peo- the floor. persuasive cases that every one of us
ple of England, as one example; and The PRESIDING OFFICER. The Sen- can make that some great project that
that carried over to Europe a year ator from Arizona. needs to be completed or started needs
later and it has recently scared the Mr. MCCAIN. Mr. President, I will to be part of this very special supple-
consumers of Japan. That is not even not waste the time of this body re- mental appropriations bill. We are hop-
bioterrorism; that is just a natural sponding to the statement of the Sen- ing to make his job a little easier in
course of animal disease and, in fact, ator from Iowa except to say I agree the future so he can say: No, these bills
how that in turn impacts upon whether with him. It is more than an embar- are going to be clean.
humans live. rassment. It is more than an embar- This is a bill to fund the war. It is
The Ames lab is very important as rassment that we would be putting $98 not to complete a research facility and
we talk about the safety of our food. million into a project that already re- do other activities that may be good
This lab is the best large research and ceived $50 million before an additional ideas but have no place in this bill to
diagnostic facility in the United $33 million in the 2003 omnibus appro- fund the war. Let them go the regular
States. Unfortunately, after all these priations bill and for which there was process. I can make the case there is
decades, it is obsolete. It does not even not any additional funding requested something that relates to our ability
meet international standards. Nearly by the administration. as first responders to deal with an
every other livestock trading nation There is a reason there was not any emergency from a terrorist threat in
has superior facilities. They under- request for this money by the adminis- the State of Arizona. We are trying to
stand the importance of effective and tration when they asked for this fund- get some money to prevent our hos-
expedient diagnostic competency. The ing which is supposed to be for the war. pital emergency rooms from closing
Ames lab is a surveillance hub for ani- As I say, I will not waste time except down because we are having to treat il-
mal disease in the United States. It is to say it is more than an embarrass- legal immigrants with health care
the closest thing we have for agri- ment to me to tell my constituents under a Federal mandate, a Federal
culture and livestock health to human that when we are supposed to be fund- law, which we are happy to comply
health with the Centers for Disease ing a war that is going on right now with, but which costs our hospitals
Control in Atlanta, GA. Doesn’t it when young Americans are fighting hundreds of millions of dollars every
seem unbelievable that the Ames facil- and dying and badly need the equip- year. We would like reimbursement for
ity does not have the electrical capac- ment and materiel and the help that is that so those emergency rooms will not
ity to handle new computers necessary in this bill that we are going to try to close down, as they had to, but can
to update the facility, let alone a com-
stuff in a $98 million porkbarrel project stay open. We will not ask for that in
plex array of essential electronic diag-
for an agricultural research facility this bill.
nostic equipment? This is more than an
which is already more than adequately Instead, we think the best approach
embarrassment for our Government. It
funded, rather than put it into an is to go through the regular process.
is a national security risk.
We have worked through many dif- emergency supplemental. I yield the That is why I hope my colleagues will
ferent scenarios to improve this facil- floor. support the amendment.
ity. We have evaluated leaving the cur- The PRESIDING OFFICER. The Sen- Mr. STEVENS. Parliamentary in-
rent facility in place and renovating ator from Iowa. quiry. It is my understanding there are
the existing facility to bring it in to Mr. GRASSLEY. Mr. President, I two amendments that will be voted on
the 21st century. We found in the inter- have a great deal of respect for Senator consecutively now, is that correct?
est of the taxpayers that the most MCCAIN. He is very consistent. I want The PRESIDING OFFICER. That is
cost-effective method to bring this fa- to only argue with one point. This is a correct.
national facility. It was located dec- Mr. STEVENS. I ask unanimous con-
cility up to speed is to start over from
the ground up. ades ago in my State for reasons that I sent the McCain amendment be added
Let me be clear. This $98 million is believe are closely related to Iowa as the third amendment to be voted on
not full funding for the U.S. Depart- State University being a very good in that queue.
ment of Agriculture master plan. This land grant and research institution. Mr. REID. And that there be no sec-
amendment only affords us the oppor- Second, the issue of whether this is ond degree amendments in order.
tunity to build the laboratory. The lab- legitimate at this point is best justi- The PRESIDING OFFICER. Without
oratory is clearly critical for research, fied by the fact that this renovation objection, it is so ordered.
diagnosis, and prevention of all animal has already been reauthorized, and this Mrs. BOXER. Parliamentary inquiry.
disease threats. We cannot afford to is just one more step by the Congress Is my friend intending to move to table
delay construction. We need to be pre- in carrying out a decision that Con- my amendment or will it be a straight
pared, and this is the only way to reach gress previously made that this facility up-or-down vote?
an optimum level of security. that is now decades old should be ren- Mr. STEVENS. Mr. President, it is
Remember, we have already appro- ovated for the good of the safety of my understanding I have already
priated some money for other aspects food in the United States. moved to table the amendment of the
of this renovation, and this still will The PRESIDING OFFICER. The Sen- Senator from California.
not complete the renovation of the ani- ator from Arizona. The PRESIDING OFFICER. The Sen-
mal disease laboratory to what is Mr. KYL. Mr. President, I support ator is correct.
planned by the Department of Agri- the McCain amendment. Mr. STEVENS. I am trying to work
culture. Mr. REID. Mr. President, will the out the sequence. What is the second
The fact is, the Ames laboratory is Senator yield? amendment in the queue?
the cornerstone of the planned Na- Mr. KYL. Certainly. The PRESIDING OFFICER. The
tional Animal Health Laboratory Net- Mr. REID. If the senior Senator from Graham amendment.
work. The Ames facility is a funda- Arizona said the junior Senator wanted AMENDMENT NO. 472
mental element required to protect to speak, we would have no objection. Mr. STEVENS. I ask for the yeas and
American agriculture and to improve He wants 2 minutes. nays on the Boxer amendment.
food safety. Mr. KYL. Mr. President, I was about The PRESIDING OFFICER. Is there a
For these reasons, I urge my col- to say there is no more honest Member sufficient second?
leagues not to support this amendment of this body than the Senator from There is a sufficient second.
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S4762 CONGRESSIONAL RECORD — SENATE April 3, 2003
The yeas and nays were ordered. and work with TSA and other agencies Mr. LOTT. I move to lay that motion
The PRESIDING OFFICER. There of government. I look forward to work- on the table.
are now two minutes equally divided ing with the Senator. The motion to lay on the table was
on the Boxer amendment. Mrs. BOXER. Mr. President, I am agreed to.
The Senator from California. very grateful. Senator MCCAIN is my AMENDMENT NO. 459 WITHDRAWN
Mrs. BOXER. Mr. President, we have chairman, Senator HOLLINGS is the Mr. STEVENS. Madam President, the
worked hard to protect aircraft by ranking member. We will work to- next order of business is the amend-
making sure pilots are equipped to de- gether on this threat. ment of the Senator from Florida, Mr.
fend the airplane. We need to go an I have to say when we are dealing GRAHAM.
extra step today. The FBI warned us with an emergency supplemental bill The PRESIDING OFFICER. The Sen-
that terrorists with shoulder-fired mis- where we have a study already accept- ator is correct.
siles are a threat to our commercial ed by my friend, which I am very happy Mr. STEVENS. I see my friend is
aircraft. The administration has deter- about, which is moving forward, this is here. Maybe he would like to announce,
mined airports are vulnerable to shoul- not inconsistent with that. This will we have reached agreement to modify
der-fired missiles and they have de- just move along a little quicker. If you his amendment. We will put it in the
ployed the National Guard. But we look at the FBI warning, we need to managers’ package because it is being
need to do more. We need to adapt act. withdrawn. We have reached accommo-
countermeasures now installed in our The PRESIDING OFFICER. The dation with the Senator from Florida,
military aircraft for commercial use. It question is on agreeing to the motion. after further conversation with the VA
is possible to do this. El Al is doing The yeas and nays have been ordered. administration.
this. The clerk will call the roll. I yield to my friend for a minute if he
Opponents argue, and we will hear The assistant bill clerk called the would like.
this, we should wait until a study pro- roll. Mr. GRAHAM of Florida. Madam
vision I wrote into another bill be- Mr. MCCONNELL. I announce that President, the Senator from Alaska has
comes law. We should not wait because the Senator from North Carolina (Mrs. very accurately described the negotia-
things have moved on since that study. DOLE) is necessarily absent. tion. Therefore, I ask unanimous con-
This amendment is not even incon- I further announce that if present sent to temporarily withdraw my
sistent with it. It will, in fact, make and voting the Senator from North amendment with the understanding it
the money available for that study. Carolina (Mrs. DOLE) would vote ‘‘yes.’’ will be approved in the managers’
This is about fighting a war on ter- Mr. REID. I announce that the Sen- package, as modified.
rorism. I hope we will vote in favor of ator from North Carolina (Mr. The PRESIDING OFFICER. Without
my amendment and not to table this EDWARDS) and the Senator from Massa- objection, it is so ordered.
amendment chusetts (Mr. KERRY) are necessarily Mr. STEVENS. Madam President, I
Mr. STEVENS. Mr. President, this absent. thank the Senator. It is the proper
amendment takes money from the I further announce that, if present thing to do.
Transportation Security Administra- and voting, the Senator from Massa- I yield now to the Senator from Ne-
tion allocation for passenger screening chusetts (Mr. KERRY) would vote ‘‘no.’’ vada.
and other costs to be incurred for addi- The PRESIDING OFFICER (Ms. AMENDMENT NO. 488 WITHDRAWN
tional security at airports. There is no MURKOWSKI). Are there any other Sen- Mr. ENSIGN. Madam President, re-
current technology that can fulfill this ators in the Chamber desiring to vote? gretfully, I ask unanimous consent to
need. The systems are too heavy for The result was announced—yeas 50, withdraw my amendment. I also want
most commercial aircraft. We do have nays 47, as follows: to briefly say that this is a battle I
underway research and development in [Rollcall Vote No. 117 Leg.] plan to continue. I believe it was the
the Department of Defense and the De- YEAS—50 right thing to do. But we are going to
partment of Homeland Security to try Alexander DeWine McConnell live to fight another day on this par-
to develop the kind of devices that pro- Allard Domenici Miller ticular amendment. We are going to
vide this protection. Allen Ensign Murkowski
This is not a wartime request. This Bennett Enzi Nickles
watch what the administration does
bill is a wartime request. We do not Bond Frist Roberts with the funds for reconstructing Iraq,
Brownback Graham (SC) Santorum perhaps even join this fight at a later
want to see the Senate vote amend- Bunning Grassley Sessions
ments that would earmark the home- Burns Gregg
date. I ask unanimous consent that
Shelby
land security moneys in this bill. I Campbell Hagel amendment No. 488 be withdrawn.
Smith
have opposed them before and the Sen-
Chafee Hatch
Snowe The PRESIDING OFFICER. The Sen-
Chambliss Hutchison ator has the right to withdraw his
ate has voted against this action be- Cochran Stevens
Inhofe
fore. I have previously made a motion Coleman Jeffords Sununu amendment at this time.
Collins Kyl Talent The amendment is withdrawn.
to table. Cornyn Lott Thomas
Mr. MCCAIN. I ask unanimous con- Voinovich
The Senator from Maryland.
Craig Lugar
sent for 30 seconds. Crapo McCain Warner Mr. SARBANES. Madam President, I
Mrs. BOXER. Reserving the right to would like to address an inquiry to the
NAYS—47 Senator from Nevada who indicates he
object, then I would like 30 seconds to Akaka Dorgan Lieberman
conclude debate. intends to live and fight another day
Baucus Durbin Lincoln
Mr. STEVENS. If it is 30 seconds, I Bayh Feingold Mikulski
on this amendment. If and when he
don’t object, but the 30 seconds have a Biden Feinstein Murray does so, I hope he will also address the
way of going on and on. Not the Sen- Bingaman Fitzgerald Nelson (FL) question of how much cooperation he
Boxer Graham (FL) Nelson (NE) anticipates receiving from the intel-
ator’s 30, but with all due respect. Breaux Harkin Pryor
The PRESIDING OFFICER. Is there Byrd Hollings ligence services in both Germany and
Reed
objection? Cantwell Inouye
Reid
France in our fight against inter-
Carper Johnson national terrorism. If he is going to be
Mr. STEVENS. No objection to 30 Clinton Kennedy
Rockefeller
seconds on each side. Conrad Kohl
Sarbanes laying down a marker to these coun-
Schumer tries with his amendment, I hope when
Thirty seconds on each side. Corzine Landrieu
Specter
Mr. MCCAIN. I will take ten seconds. Daschle Lautenberg he does so the consideration of its im-
Dayton Leahy Stabenow
I oppose the amendment, but I assure Wyden pact on our cooperation with these
Dodd Levin
the Senator from California we recog- countries in the effort against ter-
NOT VOTING—3 rorism will be in the forefront of his
nize this is a threat; we recognize this
is a danger. I hope we defeat this Dole Edwards Kerry explanation.
amendment, but I commit to her we The motion was agreed to. AMENDMENT NO. 481
will work to try to address this clear Mr. STEVENS. Mr. President, I move Mr. STEVENS. Madam President, we
and present danger, through studies to reconsider the vote. still have another amendment to vote
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4763
on in the queue according to previous The PRESIDING OFFICER. Without ple, including Senator KOHL. I urge not
agreement. objection, it is so ordered. putting that amendment in yet. If we
The PRESIDING OFFICER. The The question is on agreeing to are going to make the deadlines some
McCain amendment is the next amend- amendment No. 481. The yeas and nays want to meet, we will have to work
ment. have been ordered. The clerk will call some amendments out.
Mr. STEVENS. I ask for the yeas and the roll. I suggest the absence of a quorum.
nays on the McCain amendment. Mr. REID. I announce that the Sen- The PRESIDING OFFICER. The
The PRESIDING OFFICER. Is there a ator from Massachusetts (Mr. KERRY) clerk will call the roll.
sufficient second? is necessarily absent. The assistant legislative clerk pro-
There appears to be a sufficient sec- I further announce that, if present ceeded to call the roll.
ond. and voting, the Senator from Massa- Mr. HARKIN. I ask unanimous con-
The yeas and nays were ordered. chusetts (Mr. KERRY) would vote ‘‘no.’’ sent that the order for the quorum call
Mr. STEVENS. This is an up-or-down The PRESIDING OFFICER. Are there be rescinded.
vote. any other Senators in the Chamber de- The PRESIDING OFFICER. Without
The PRESIDING OFFICER. The Sen- siring to vote? objection, it is so ordered.
ator from Arizona. The result was announced—yeas 38, Mr. HARKIN. Madam President, I
Mr. MCCAIN. Madam President, was not in the Chamber prior to the
nays 61, as follows:
could we, in this body, strike these last vote, and there was an objection to
[Rollcall Vote No. 118 Leg.]
nonessential and unnecessary projects having an extra minute so I could
from this bill so we can focus on the in- YEAS—38
make some comments on the vote just
tent of the language? I don’t want to Alexander Dayton McCain
Allard Ensign Miller
held.
debate the merits or demerits of Allen Enzi Nickles I thank the Senators for rejecting
projects that are included in the bill. Biden Feingold Roberts the McCain amendment for a number
They are clearly nonemergency and Bingaman Fitzgerald Santorum of reasons, but most importantly be-
nonwar related. I ask my colleagues in Brownback Graham (FL) Sessions
Bunning Graham (SC) cause the biggest item in that proposed
the Senate to consider striking them. Smith
Chambliss Hagel Snowe
amendment was funding to begin to
They can come in future appropria- Collins Hutchison
Sununu complete the National Animal Disease
tions bills, but they are certainly not Cornyn Inhofe
Corzine Kyl
Talent Laboratory located in Ames, IA. I
appropriate at this time on this bill. Craig Lott
Thomas point out that this National Animal
Mr. STEVENS. Madam President, the Crapo Lugar Warner Disease Laboratory is fully authorized,
Senator from Iowa has expressed oppo- specifically authorized. It has been
NAYS—61
sition to this amendment. I do express peer reviewed. The USDA developed all
Akaka Domenici Lincoln
opposition to it myself. I would like to Baucus Dorgan the lands, and it is being built on an
McConnell
take the balance of the time to tell the Bayh Durbin Mikulski expedited basis to get it completed as
Senate we are working to try to finish Bennett Edwards Murkowski soon as possible. It is a national animal
the bill. This is the last of the amend- Bond Feinstein Murray
Boxer Frist disease laboratory in Ames. It is not an
ments that is part of this package. We Nelson (FL)
Breaux Grassley Nelson (NE)
Ames lab, it is not an Iowa lab. Think
will struggle to put together another Burns Gregg Pryor about it like NIH. The National Insti-
series of amendments to vote on no Byrd Harkin
Reed tutes of Health is located in Maryland,
Campbell Hatch
later than 4 o’clock. We have, for very Cantwell Hollings
Reid but it is not a Maryland facility. It is
strong reasons, at least one Member Carper Inouye
Rockefeller
a national facility. You can look at it
and others who requested we try to fin- Chafee Jeffords Sarbanes
Schumer like the Centers for Disease Control
ish this bill as early as possible today. Clinton Johnson
Cochran Kennedy Shelby and Prevention in Atlanta, GA. That is
I urge Senators to contact us to see if Coleman Kohl Specter not a Georgia facility; it is a national
there are any further amendments we Conrad Landrieu Stabenow facility that just happens to be located
might work out and not have to vote. Daschle Lautenberg Stevens
DeWine Leahy Voinovich
in Atlanta. The same is true of the Na-
But there will be some votes probably Dodd Levin Wyden tional Animal Disease Laboratory. It is
by 4:30. Dole Lieberman a national laboratory that is located in
The PRESIDING OFFICER. Who Iowa.
NOT VOTING—1
yields time? I think in speaking of the Centers for
Mr. MCCAIN. Regular order, Madam Kerry
Disease Control, we could also think of
President. The amendment (No. 481) was re- the National Animal Disease Lab as
Mr. STEVENS. I am finished. jected. sort of the animal counterpart to the
The PRESIDING OFFICER. The Sen- Mr. STEVENS. I move to reconsider Centers for Disease Control and Pre-
ator from Iowa. the vote. vention. Just as the Centers for Dis-
Mr. MCCAIN. I ask for the regular Mr. BOND. I move to lay that motion ease Control and Prevention is there
order. on the table. nationally to help prevent or stop any
The PRESIDING OFFICER. The time The motion to lay on the table was kind of an infectious outbreak that
has expired on the amendment. agreed to.
Mr. STEVENS. I took the time in op- might occur among humans, whether it
position. I thought I was entitled to
VOTE CHANGE is anthrax or smallpox or SARS or
take the time in opposition. As man- The PRESIDING OFFICER. The Sen- whatever it is, the job of the CDC is to
ager, I oppose the amendment. I ask ator from Alaska. get in there, contain it, stop it from in-
unanimous consent for 1 minute on the Ms. MURKOWSKI. Mr. President, on fecting more people. The National Ani-
other side. vote No. 118 I am recorded as voting mal Disease Laboratory has the same
The PRESIDING OFFICER. Is there aye on amendment No. 481. I ask unani- function for animals. It is there to pre-
objection? mous consent that my vote be recorded vent, to stop infectious outbreaks
Mr. MCCAIN. I object. as nay. This change will not affect the among animals, infectious outbreaks
The PRESIDING OFFICER. Objec- outcome of the vote. that could devastate entire herds or en-
tion is heard. The PRESIDING OFFICER. Without tire populations of animals in this
Mr. HARKIN. I suggest the absence of objection, it is so ordered. country, as we saw what happened with
a quorum. (The foregoing tally has been the mad cow disease in Great Britain.
The PRESIDING OFFICER. The changed to reflect the above order.) The National Animal Disease Lab
clerk will call the roll. Mr. REID. Senator STEVENS, Senator would be charged with the responsi-
The legislative clerk proceeded to KOHL has an amendment, and he wants bility, if there is any kind of bioter-
call the roll. 5 minutes on it. It may require a vote; rorist outbreak or you had an animal
Mr. HARKIN. I ask unanimous con- we have not had a chance to look at it. infectious disease that could be trans-
sent that the order for the quorum call Mr. STEVENS. With due respect, we mitted to humans, the National Ani-
be dispensed with. are still negotiating with several peo- mal Disease Lab would be there to stop
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S4764 CONGRESSIONAL RECORD — SENATE April 3, 2003
it, contain it, and keep it from spread- The PRESIDING OFFICER. Without $150,000,000, to remain available until Decem-
ing. objection, it is so ordered. ber 31, 2003, for grants to States and local-
That is why it is so important at this The amendment is as follows: ities to improve communications within and
time to make sure we complete the Na- among first responders including law en-
At the end of the bill, insert the following:
forcement, firefighters, emergency medical
tional Animal Disease Lab as soon as TITLE III—FEDERAL HOMELAND services personnel, and other emergency per-
possible. SECURITY RESPONSIBILITIES sonnel.
I thank my colleagues on both sides DEPARTMENT OF HOMELAND SECURITY
of the aisle for their support in defeat- DEPARTMENT OF THE INTERIOR
UNITED STATES COAST GUARD
ing the McCain amendment that would OPERATING EXPENSES NATIONAL PARK SERVICE
have drastically cut back on our abil- For an additional amount for ‘‘Operating OPERATION OF THE NATIONAL PARK SYSTEM
ity to get the National Animal Disease Expenses’’, $200,000,000, to remain available
Lab completed as expeditiously as pos- until December 31, 2003, for terrorism-related For an additional amount for ‘‘Operation
prevention, preparedness, and response re- of the National Park System’’, $18,000,000, to
sible.
quirements associated with Operation Lib- remain available until December 31, 2003, for
I yield the floor and suggest the ab- expenses related to enhanced security at na-
sence of a quorum. erty Shield, including but not limited to op-
erating expenses related to the increase in tionally significant facilities.
The PRESIDING OFFICER (Mr.
maritime operating tempo, the protection of DEPARTMENT OF JUSTICE
CRAPO). The clerk will call the roll. critical infrastructure and enforcement of
The assistant legislative clerk pro- Security Zones, and the activation of Coast UNITED STATES MARSHALS SERVICE
ceeded to call the roll. Guard Reservists. SALARIES AND EXPENSES
Mr. STEVENS. Mr. President, I ask BORDER AND TRANSPORTATION
unanimous consent that the order for For an additional amount for ‘‘Salaries
SECURITY
the quorum call be rescinded. and Expenses’’, $25,000,000, to remain avail-
CUSTOMS AND BORDER PROTECTION able until December 31, 2003, for necessary
The PRESIDING OFFICER. Without For an additional amount for ‘‘Customs expenses relating to courthouse security;
objection, it is so ordered. and Border Protection’’, $366,000,000, to re- Provided, That funds provided under this
Mr. STEVENS. May I inquire if the main available until December 31, 2003, of paragraph shall be available only after the
Senator is willing to have a time agree- which not less than $35,000,000 shall be for Committees on Appropriations of the House
ment for his amendment? the Container Security Initiative, not less of Representatives and Senate are notified in
The PRESIDING OFFICER. Would $200,000,000 shall be for radiation portal mon- accordance with section 605 of the Depart-
the Senator restate his inquiry? itors and other forms of non-intrusive in- ments of Commerce, Justice, and State, the
Mr. STEVENS. I asked if the Senator spection equipment to be deployed at the Na- Judiciary, and Related Agencies Appropria-
would be willing to discuss a time tion’s ports-of-entry, and not less than tions Act, 2003.
agreement on his amendment? $131,000,000 shall be for increased border and
maritime protection operations, overtime FEDERAL BUREAU OF INVESTIGATION
Mr. BREAUX. The answer is yes.
pay, and other activities resulting from the SALARIES AND EXPENSES
What was the custom of some of the movement to the ‘‘Code Orange’’ terrorist
other amendments? What was the divi- threat level and in support of activities re- For an additional amount for ‘‘Salaries
sion of time on the others, 20–10? lated to Operation Liberty Shield. and Expenses’’, $225,000,000, to remain avail-
Mr. STEVENS. The custom, as the able until December 31, 2003, for necessary
IMMIGRATION AND CUSTOMS ENFORCEMENT
Senator from Nevada says, is 20 min- expenses relating to response and security
For an additional amount for ‘‘Immigra- capabilities and field operations: Provided,
utes on your side, 10 minutes on this tion and Customs Enforcement’’, $131,000,000, That funds provided under this paragraph
side on amendments we didn’t intend to remain available until December 31, 2003, shall be available only after the Committees
to work out, with the understanding for increased operations, overtime pay, and on Appropriations of the House of Represent-
the vote will be delayed. other activities resulting from the move- atives and Senate are notified in accordance
I ask unanimous consent there be 30 ment to the ‘‘Code Orange’’ terrorist threat with section 605 of the Department of Com-
minutes, 20 minutes for the Senator level and in support of activities related to merce, Justice, and State, the Judiciary, and
from Louisiana and 10 minutes under Operation Liberty Shield. Related Agencies Appropriations Act, 2003.
my control, and with the vote to occur TRANSPORTATION SECURITY ADMINISTRATION
OFFICE OF JUSTICE PROGRAMS
at a time to be specified after consulta- For additional amounts for necessary ex-
penses of the Transportation Security Ad- COMMUNITY ORIENTED POLICING SERVICES
tion with my friend from Nevada.
ministration related to transportation secu-
Mr. REID. Also with no second-de- For an additional amount for the Commu-
rity services pursuant to Public Law 107–71 nity Oriented Policing Services’ Interoper-
gree amendment in order. and Public Law 107–296 and for other pur-
Mr. STEVENS. No second-degree able Communications Technology Program,
poses, $1,355,000,000, to remain available until for grants to States and localities to improve
amendments. December 31, 2003, of which not less than
Mr. DORGAN. Reserving the right to communications within and among law en-
$235,000,000 shall be available for costs associ- forcement agencies, firefighters and emer-
object, I ask the Senator if that will ated with the modification of airports to gency medical service personnel, $150,000,000,
provide sufficient time? I would like to comply with the provisions of the Aviation to remain available until December 31, 2003.
speak for 10 minutes. and Transportation Security Act, not less
Mr. BREAUX. I have no other request than $300,000,000 shall be available for grants DISTRICT OF COLUMBIA FEDERAL FUNDS
for time. Ten minutes is sufficient for to public transit agencies in urbanized areas FEBERAL PAYMENT TO THE DISTRICT OF
for enhancing the security of transit facili-
me. ties against chemical, biological and other
COLUMBIA
The PRESIDING OFFICER. Is there terrorist threats, not less than $620,000,000 For a Federal payment to the District of
objection? for shortfalls pursuant to Public Law 108–10, Columbia for critical infrastrature protec-
Mr. DORGAN. I have no objection. including the securing of airline cockpit tion $25,000,000, to remain available until De-
The PRESIDING OFFICER. Without doors, port security grants, and airport cember 31, 2003, for security upgrades and
objection, it is so ordered. modifications, not less than $200,000,000 for backup operations of transportation, emer-
AMENDMENT NO. 494 railroad security grants including grants to gency response, energy, and communications
Mr. BREAUX. Mr. President, I send the National Railroad Passenger Corporation infrastructure in the District of Columbia;
for capital expenses associated with tunnel Provided, That the Mayor and the Chairman
to the desk amendment No. 494 and ask of the Council of the District of Columbia
and dispatch facility security enhancements;
it be reported. shall, in consultation with the governments
The PRESIDING OFFICER. Without FEDERAL LAW ENFORCEMENT TRAINING
CENTER in the National Capital region, submit a fi-
objection, the pending amendments are nancial plan to the Committees on Appro-
SALARIES AND EXPENSES
set aside. The clerk will report the priations of the House of Representatives
For an additional amount for ‘‘Salaries and Senate for approval not later than 30
amendment.
and Expenses’’, $20,000,000, to remain avail- days after enactment of this act; Provided
The assistant legislative clerk read
able until December 31, 2003 for personnel, further, That the Chief Financial Officer of
as follows: equipment and support for increased training the District of Columbia shall provide quar-
The Senator from Louisiana [Mr. BREAUX] requirements for Federal and State and local terly reports to the Committees on Appro-
proposes an amendment numbered 494. law enforcement personnel. priations of the House of Representatives
Mr. BREAUX. I ask unanimous con- OFFICE FOR DOMESTIC PREPAREDNESS and Senate on the use of funds under this
sent the reading of the amendment be For an additional amount for ‘‘Emergency heading, beginning not later than June 2,
dispensed with. Management Planning and Assistance’’, 2003.
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4765
INDEPENDENT AGENCIES and east coast ports. We also say the Let me describe why I think this is
DEPARTMENT OF HEALTH AND HUMAN Bureau of Customs and Border Protec- so important. We have a number of
SERVICES tion should have an increase of $366 wars that are going on at the moment.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE million for the inspections they are We have a conflict, a war in Iraq. We
REGISTRY going to be required to do. have a war against terrorism. So in
TOXIC SUBSTANCES AND ENVIRONMENTAL We have literally millions of con- this piece of legislation we deal with
PUBLIC HEALTH tainers, each carrying as much as 60,000 defense, the costs of defense.
For an additional amount for ‘‘Toxic Sub- pounds of material, coming into the Part of defense is the Defense Depart-
stances and Environmental Public Health’’, ports of the United States. We ought to ment, in which men and women in
$10,000,000 to remain available until Decem- be looking at these containers where America’s uniform are overseas pro-
ber 31, 2003, to enhance States’ capacity to they are loaded, in foreign ports. The tecting our country and involved in the
respond to chemical terrorism events. Bureau of Customs and Border Protec-
Section . Notwithstanding any other pro-
conflict in Iraq. But, also, part of the
vision of this Act, funding under the heading
tion is going to need that additional defense is our homeland defense. The
Department of Justice, General Administra- money if, in fact, they are going to be issue of homeland defense is very im-
tion, Counterterrorism Fund, shall be zero. able to get the job done. portant.
Section . Notwithstanding any other pro- In addition to the Bureau of Cus- Let me describe what happens inside
vision of this Act, funding under the heading toms, we are talking about $1 billion this country each and every day: 1.1
Department of Homeland Security, Depart- for transportation security. We are million passengers come into this
mental Management, Counterterrorism talking about making sure that at all country processed by the Customs
Fund, shall be zero. the airports where we are telling them Service; 57,000 trucks and containers
Mr. BREAUX. Mr. President, the now you have to put in all this fancy come into this country every single
committee has done a very good job in equipment, not just to check luggage day; 580 vessels arrive at this country’s
addressing a number of concerns deal- that is carried on the plane but check ports; 2,459 aircraft arrive in this coun-
ing with terrorism, particularly in the every single piece of luggage that is try; 323,000 vehicles, every single day.
area of counterterrorism, by creating a going to go into the cargo hold of the No one is going to provide an ade-
fund that is going to give to the De- plane—how many of us have had to be quate homeland defense in this country
partment of Homeland Security $1.135 delayed at airports because they are unless we have secure borders and are
billion for counterterrorism. I think checking not only your carry-on lug- able to prevent terrorists—both known
the administration actually requested gage but also the stuff that is going to terrorists and those who associate with
a little more money than that. be checked into the hold of the plane. terrorists—from coming into our coun-
Regarding the amendment I have, we You see the long lines develop. They try. Frankly, we are not doing as good
think, No. 1, it should be more than need the equipment to make sure that a job as we must in order to prevent a
that and, No. 2, we think Congress type of luggage is safe and not delaying future act of terrorism in this country.
should be involved and the American passengers and the traveling public I speak from the standpoint of a
people should be involved in where that moving into the airports. northern border State. We have thou-
money is going to be allocated, as to We also say about the Federal Law sands of miles of common border with
which department doing this type of Enforcement Training Center, give our good neighbor to the north, the
work is going to get the additional them an additional $20 million for en- country of Canada.
funds. hanced training. We know that at least two of those
The amendment of the committee, We are asking these organizations who perpetrated the September 11 at-
about which I am concerned, says: Mr. now to work 24 hours a day, 7 days a tack came into this country across the
President, here is $1.135 billion. Let’s week training these new employees to northern border. We also know that, in
throw it up against the wall and hope make sure they know what they are the past, almost all of our resources in
it comes off the wall and falls down and doing. They are going to need addi-
this country were targeted at the
does some good. We take $1.135 billion tional funds for that.
southern border, southwestern border.
I read the bill from the committee. It
and throw it up in the air and somehow Border Patrol, Immigration, the Cus-
just says on page 36 of the bill:
hope it comes down and settles in the toms Service: Hundreds and hundreds
counterterrorism, give the Secretary
areas where it can do the most good to and hundreds—in fact, thousands—of
the discretion to spend $1.135. That is
protect the American people. agents from all of those agencies were
what the bill says. That means throw it
I think that is not the way we should at the southern border, and a very few
over to the Secretary; let him spend it
do business. We are taxing the Amer- at the 4,000-mile northern border that
anywhere he wants. I think the report
ican people for these moneys to be we share with Canada.
language says here are some sugges-
spent to protect the American public. tions. That is fine; we all know what So what do we do about that? Well,
We as a Congress should have a direct happens with report language. It is we need the resources at the northern
say-so, not just entrust it to an indi- filed in some staff person’s desk, and border, and the new technology that is
vidual Secretary as to where the they don’t pay any attention to it. available, to make sure we try to keep
money should go. That is not the law. They can totally terrorists out. Once again, you must
My amendment says in the area of ignore it. They can disregard it, pay no have control of your borders or you do
counterterrorism funds, instead of attention to it whatsoever. not have control inside the country to
$1.135 billion, we are going to have $2.65 If you put it into law, it would state prevent an act of terrorism perpetrated
billion, an increase for counterterror- that these are the categories that are against our country.
ism provisions in the bill. necessary in order to make sure this Now, when I began this process, even
In addition to that, we are going to counterterrorism provision is run the before September 11, I proposed some-
say where the moneys are going to be way we would like to see it run. thing called the Northern Border Ini-
allocated. That is the role of the Con- Mr. President, I want to yield time to tiative. That became law. That added
gress. That is the appropriate role of the distinguished Senator from North some resources at the northern border.
the Congress. Dakota. I think he said he would like It became more imperative after Sep-
For instance, in the Coast Guard, our to have 10 minutes. And if he could use tember 11 that we do much more. Prior
provision provides $200 million more less, we may get another speaker in to that time, when the northern border
for the Coast Guard. The Coast Guard here. But I yield 10 minutes to the dis- ports would close, especially in the re-
is being asked to do a lot more work tinguished Senator from North Dakota. mote areas, they would simply put an
domestically. Most of the money in the The PRESIDING OFFICER. The Sen- orange cone in the middle of the road,
committee’s bill is for Coast Guard uti- ator from North Dakota is recognized and that would be the protection in
lization overseas. That is fine; they for 10 minutes. this country against terrorism. Well,
ought to be overseas doing this work, Mr. DORGAN. Mr. President, I rise to terrorists, of course, were they to enter
but they also should be protecting the support the amendment offered by my at one of those rural remote ports,
ports of America, the ports of New colleague, Senator BREAUX. I am a co- would shred that orange cone at 70
York, and the gulf and the west coast sponsor of that amendment. miles an hour with their vehicle.
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S4766 CONGRESSIONAL RECORD — SENATE April 3, 2003
The fact is, we have to do more. And of things from happening, preventing obvious vulnerabilities, there are some
we are now doing more. But we are not terrorists from perpetrating an attack in Congress who seem to want to put
doing enough. That is why the Senator in this country. off sound investment for increased pro-
from Louisiana offers an amendment We have actually done pretty well tections for our people. ‘‘Hold off! Hold
that says let’s make the investments since 9/11. The fact is, there is much off! Wait for another day!’’ they say.
we know we need to make. more to do. It will not do any good to Mr. President, we may wait, but the
He mentioned seaports. I come from say: Well, yes, this is needed, but let’s terrorists, I fear, will not wait.
a landlocked State. I do not know do it later. The amendment before the Senate,
much about seaports, but I have made This is the legislation. This is a sup- which is offered by Mr. BREAUX, would
two tours of seaports, two of them re- plemental appropriations bill. This is invest dollars now—today!—in some of
cently, to understand what is hap- emergency funding. And this is about the most critical areas of vulnerability
pening at our ports. Mr. President, 5.7 defense, yes, the Defense Department, here at home.
million containers come in every single but also, in my judgment, the defense The amendment offered by the Sen-
year on container ships—5.7 million. of our homeland. ator from Louisiana would provide $2.6
And 100,000 of them are inspected. I have not gone through all of the billion for border and transportation
I was at a port one day—and I have portions of this bill that the Senator security, including $200 million for the
told my colleagues this previously—but from Louisiana suggests we adequately Coast Guard, $35 million for the Bureau
they had a refrigerated container there fund, but it is the Immigration Service, of Customs and Border Protection, $200
that they had taken off a container the Customs Service, the Border Pa- million for radiation detection equip-
ship. I said: What’s in that container? trol, and a list of agencies that we ment, $235 million for airport explosion
They said: Well, we’re just inspecting know have to have adequate funding to detection systems, $300 million for
that. They said: This is frozen broccoli do the job this country expects in order mass transit security, $300 million for
from Poland. And they showed me one to protect itself against a terrorist at- interoperable communications for first
of the 100-pound bags of frozen broccoli tack. responders, $225 million for terrorism
they pulled out of this container. They So this is not some ad hoc spending prevention at the Federal Bureau of In-
ripped open the bag, and, sure enough, for which the Senator has no justifica- vestigations, and funding to reimburse
there it was, frozen broccoli from Po- tion. This is spending and funding Department of Homeland Security ex-
land. It didn’t look very appetizing to every bit as important as every dollar penses incurred as a result of Code Or-
me, but it was going to go into Amer- that is going to the U.S. Department of ange and to make up for fiscal year
ica’s food supply. Defense. This is homeland defense. 2003 funding shortfalls at the Transpor-
So I said: Well, that is interesting to That is the Department of Defense. tation Security Administration.
know. You have shown me the bag at Both are of paramount importance in A March 12, 2003, General Accounting
the end of the container. What is in the protecting this country’s interests. I Office report concluded that the Coast
middle of the bag in the middle of the hope my colleagues will join me in sup- Guard faces ‘‘fundamental challenges
container? Do you know? porting the amendment now offered by in meeting its new security-related re-
They said: No, we don’t know. I said: the Senator from Louisiana. sponsibilities while rebuilding its ca-
Do you know where it came from? There is, perhaps, an unlimited num- pacity to accomplish other missions
They said: We know it came from Po- ber of things we could do to protect that have declined’’ and that these
land. I said: Do you know who loaded this country, but we do not have un- challenges are made even more dif-
it? They said: No, we don’t know. I limited funds. The Senator has selected ficult by the heightened terror alert
said: Do you know that there’s not specific areas of investment that all of and by Coast Guard deployments to the
something in the middle of this con- us know are underfunded. And he said: Persian Gulf.
tainer that could threaten our coun- Yes, let’s do this, but, more important, In addition, a December 2002, GAO re-
try? They said: No, we don’t know. let’s do this now. port identified more than $700 million
Mr. President, 5.7 million containers I just submit, in the shadow of 9/11, in security needs at only eight transit
come into this country every year, and this country knows that terrorists agencies that were visited. The GAO
we inspect 100,000 of them. want to attack this country. Homeland concluded that, ‘‘Obtaining sufficient
You know the story about the person defense is of paramount importance. funding is the most significant chal-
from the Middle East who put himself The investment—a rather small invest- lenge in making transit systems as safe
in a container and intended to ship ment, in my judgment—made by the and secure as possible.’’ Yet to date, no
himself to Canada in a container. He amendment offered by the Senator money—none—has been provided for
had a little bathroom set up in the con- from Louisiana will make this a transit security.
tainer. He had a water supply. He had stronger country, better able to resist If there is one lesson that we should
a computer. He had a GPS. He had a terrorists who wish to attack her. learn from 9/11, it is that terrorist at-
cot. He had a heater. He was going to Mr. President, I yield the floor. tacks on our Nation can no longer be
ship himself to Canada, presumably Mr. BREAUX. Mr. President, I re- viewed as distant threats across the
then to enter this country from Can- serve the remainder of my time. oceans. The enemy may attack our
ada. But he did it in a container. They The PRESIDING OFFICER. The Sen- troops, the enemy may attack our citi-
caught him actually before he left the ator from West Virginia. zens overseas or civilians here at home.
Middle East. Mr. BYRD. Mr. President, I wish to Clearly, we must provide all of the nec-
The fact is, we had better care about speak in support of the amendment of- essary resources to support our troops
homeland security—yes, about the fered by Mr. BREAUX. overseas. But we must also provide sig-
northern border, about the southern For many months now, the American nificant homeland security resources
border, about aircraft coming into this people have been told that we are at now to meet real needs that have been
country, and, yes, about ships that are war. We are at war in Iraq. We are at authorized by the Congress and signed
pulling up to our seaports this after- war here at home. We are at war into law by the President for port secu-
noon in New York, Los Angeles, and against the al-Qaida terrorist network rity, airport security, border security,
the other major ports around this and other organizations like it. We are and nuclear security.
country. at war against terrorists who would use We should not accept the alarming
Which of those ships might have a any means possible to destroy our Gov- deficiencies in our seaport security—an
weapon of mass destruction in the mid- ernment, strike fear in our people, and area that many experts have identified
dle of a container, piled in the middle cripple this great Nation. as perhaps the Nation’s single greatest
of that ship, that will be hoisted off, by But, America is still woefully unpre- vulnerability. We should not accept the
a crane, put on 18 wheels, and then sped pared to prevent or respond to another fact that our land borders are porous
across America’s highways to Cin- terrorist attack. Despite the constant and that our airports simply cannot af-
cinnati or Toledo or Fargo or Los An- warnings from the Department of ford modern security equipment. We
geles? That is what homeland defense Homeland Security about terrorist should not be satisfied that our cities
has to be about: preventing these kinds threats here at home, and despite the and States—the front lines of this war
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4767
at home—do not have sufficient equip- Service simply does not have. Yet de- million Americans who depend on them
ment or expertise to handle wide-rang- spite asking for $75 billion, the admin- to get to work or elsewhere safely and
ing threats involving madmen who istration’s supplemental request did securely every workday.
may have gotten their hands on weap- not include any funding for these addi- In the 107th Congress, as the chair-
ons of mass destruction. tional security costs. That is wrong, man of the Housing and Transportation
The danger is clear. The need is and it is why we have included funding Subcommittee, I chaired two hearings
clear. I urge my colleagues to support for the Park Service in our amend- on the topic of transit security in the
the Breaux amendment. ment. wake of September 11. At these hear-
I yield back the remainder of my We cannot turn our backs on the se- ings, we heard from transit operators
time. curity needs mandated by the in- and others that public transportation
Mr. DORGAN. Mr. President, I am creased threat level. Nor can we expect is regrettably a target for terrorists.
pleased to join Senator BYRD, Senator the Park Service to just absorb these Indeed, roughly one-third of terrorist
BREAUX, and others in supporting this costs. It is our responsibility to provide attacks worldwide have occurred
Federal homeland responsibilities these funds, and I urge my colleagues against transportation systems. One
amendment. In particular, I want to to support this amendment. only needs to watch international news
speak for a moment about the National Mr. SHELBY. Mr. President, I rise to see pictures of the devastation of
Park Service component of the amend- today in opposition to the Breaux suicide bombers on buses.
ment. As the ranking member on the amendment for a variety of reasons, Senator SARBANES and I also re-
Interior and Related Agencies Sub- but I will limit my remarks to the pro- quested a General Accounting Office
committee, I am deeply concerned that vision dealing with increased funding report on transit security entitled
the administration’s supplemental for mass transit security. ‘‘Mass Transit: Federal Action Could
funding request will leave the National I commend the Senator from Lou- Help Transit Agencies Address Secu-
Park Service in the lurch, without the isiana for bringing attention to this rity Challenges.’’ The GAO found that
resources it needs to protect our most important issue. While I believe that the Federal Transit Administration
important national symbols. transit security is an issue deserving of and the Transportation Safety Admin-
The Statue of Liberty, the Wash- increased investment, the approach istration were providing technical as-
ington Monument, the Lincoln Memo- taken in the amendment is not one sistance and some training to transit
rial, the Jefferson Memorial, the St. that I can support at this time. systems, but that there are still many
Louis Arch, the Liberty Bell, and Inde- Existing Federal transit law already unmet needs. For example, when the
pendence Hall in Philadelphia; these requires that a percentage of formula GAO asked just eight transit systems
are just some of the national icons funds be used for safety and security how much they needed to address their
under the protection of the Park Serv- needs. The Federal Transit Administra- security needs, the answer was over
ice. These treasures are, in their own tion has made transit security a pri- $700 million. Transit systems also ex-
unique way, potent reminders of the ority. FTA has already conducted as- pressed concern that there is often in-
liberty and freedom that are the foun- sessments for the 33 largest systems sufficient planning, communication
dation of the American experience. and has provided a ‘‘tool box’’ to help and coordination with local, State and
They symbolize the struggles this Na- systems develop their own individual- Federal law enforcement entities.
tion has overcome, the hope we have ized security programs. Further, FTA The administration, which has em-
maintained for our future, and the es- has developed and distributed a check- braced the Senate’s efforts to improve
sence of the democracy we all cherish. list of the most important measures aviation security, has unfortunately
The Twin Towers of the World Trade that transit agencies should implement not shown the same level of commit-
Center were a powerful symbol of the to ensure that their systems are as se- ment to our transit systems. It failed
economic might of our Nation, and cure as possible. FTA has made it a pri- to request specific funding for transit
that is why they were attacked. The ority to work with agencies to assist in security in either its fiscal year 2004
Pentagon is a powerful symbol of our implementation of those measures. budget or its fiscal year 2003 supple-
military might, and that is why it was Mass transit is perhaps one of the mental request.
attacked. I worry about which symbol most difficult modes of transportation The Breaux amendment would ad-
is next. Which of these facilities, em- to secure. By its very nature, transit dress this shortcoming by providing a
blematic of our liberty, will the terror- must operate in an open environment down-payment for transit security im-
ists target next? I don’t have the an- in order to provide its customers with provements and send a strong signal to
swer to that question, nor do I know mobility and access. We need to care- the millions of working men and
anyone who does. This is precisely why fully consider how we develop transit women who ride our subways, buses,
we need to provide the National Park security measures to ensure that we do and commuter rail lines that their gov-
Service with the resources it needs to not risk stranding those who depend on ernment is aggressively working to im-
ensure the safety and security of these transit for their day-to-day mobility prove transit security.
national treasures. needs. I urge my colleagues to support this
In fact, yesterday’s Washington Post As chairman of the Committee on amendment.
contains an article which substantiates Banking, Housing, and Urban Affairs, I The PRESIDING OFFICER. The Sen-
my fears. As of yesterday, the Park am cognizant of the unique need for ator from Mississippi.
Service has closed Independence Hall further analysis of transit security Mr. COCHRAN. Mr. President, it has
in Philadelphia because of security issues. As the committee reauthorizes been our hope that we could get the co-
concerns associated with the elevated the Federal transit program this Con- operation of the Senate in funding
threat level. The very birthplace of our gress, we intend to make the issue of what are essential needs of the Depart-
Constitution—the document once transit security a high priority. ment of Homeland Security for the bal-
called the ‘‘most wonderful work ever I urge my colleagues to vote ‘‘no’’ on ance of this fiscal year. In trying to de-
struck off at a given time by the brain the Breaux amendment. termine what those amounts are for all
and purpose of man’’—has been closed Mr. REED. Mr. President, I rise in of these new activities, the 22 agencies
to the American people because the support of the Breaux Federal home- that have been folded into this new De-
Park Service is unable to provide for land security responsibilities amend- partment under the jurisdiction of Sec-
its security. Part of the problem, as ment. This amendment addresses a retary Tom Ridge, we had hearings. We
the article points out, is lack of fund- number of important homeland secu- have questioned agency officials to de-
ing. ‘‘Since the government raised its rity needs that the administration has termine how we could help support the
color-coded threat index to orange, or failed to adequately fund, and it de- administration’s effort to improve the
high risk, two week ago, the National serves the support of this Senate. security of our homeland, to fund the
Park Service’s daily security costs I particularly want to thank the au- activities of those agencies that are in-
have increased by $63,500. . . .’’ That is thor of this amendment for including volved in the war effort in Iraq, such as
a daily cost, and comes to nearly $2 specific resources to help protect our the Coast Guard, to be sure that they
million per month, money the Park Nation’s transit systems and the 14 could meet their responsibilities.
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S4768 CONGRESSIONAL RECORD — SENATE April 3, 2003
We did this in a very careful and de- One thing the Senate needs to know, cludes Operation Liberty Shield. The
liberate way, knowing full well that be- the Breaux amendment deletes the en- bill fully funds the administration’s re-
cause of the concerns and the fears tire provision, the funding for the en- quest in support of the Coast Guard
that exist throughout the country tire provision of the counterterrorism and general terrorism prevention, pre-
about terrorism attacks and because of fund. I will read it. This is what it says; paredness, and response capability.
the increase in the threat levels that it is very clear: ‘‘Notwithstanding any There is absolutely no basis for the
from time to time are announced, there other provision of this Act, funding $200 million estimate in the amend-
is no way we could assuage the con- under the heading Department of ment offered by the Senator from Lou-
cerns of everybody with just money. Homeland Security, Departmental isiana. It is just added on. If there is
But money helps. If a State or locality Management, Counterterrorism Fund, evidence, if there is a request, if there
believes it is not able to afford what it shall be zero,’’ knocking out $1.132 bil- is documentation, then we need to see
thinks it needs to do right now to pro- lion. Then $500 million is zeroed out of it. We ought not be asked to support
tect its citizens, there is pressure that the Department of Justice, General Ad- add-ons to this bill to make it sound as
builds on elected Members of this body. ministration, Counterterrorism Fund. if we are underfunding the legitimate
All of us feel this pressure right now to Think about what you are being needs of these agencies in the protec-
be sure that we do the best job we pos- asked to do. This amendment is sug- tion of the security of our country.
sibly can to put money in the hands of gesting that you disregard the efforts I suggest the Senate should look very
those agencies and those government by the committee in the writing of a carefully at this amendment.
officials that can make a difference in meticulously drafted committee report I will cite one other area. This
terms of our national security needs. that specifies our understanding of amendment puts in $131 million for in-
We didn’t just think up these num- where these funds are going to be creased border and maritime protec-
bers and throw them in the bill. They spent, and you trade that for this tion operations. What this amendment
are based upon estimates we have re- amendment that is offered, as we are in does is double the amount that the ad-
ceived from each agency, the Presi- the closing hours of consideration of ministration says they need, just dou-
dent’s request that was submitted to this supplemental bill and assume that bles it: If what we suggest is good, then
the Congress, and the testimony from these recommendations are going to be twice as much ought to be twice as
the recent hearing when Secretary superior to the ones the committee has good.
Ridge appeared before our committee That is not good reasoning and the
proposed to the Senate.
and we had an opportunity to talk with I am suggesting this is not a good Senate ought to reject the amendment.
The PRESIDING OFFICER. Who
him about these needs. way to legislate. The Senate ought to
yields time?
One reason there is some concern is reject this amendment. These are ef- Mr. BREAUX. How much time re-
that the Secretary asked for flexi- forts and activities of our Government mains on both sides?
bility. There were some members of the that are too important for the Senate The PRESIDING OFFICER. The Sen-
committee who questioned him pretty to be asked to substitute the judgment ator from Louisiana has 6 minutes, and
sharply about why he needed flexi- of a new list of activities with new the Senator from Mississippi has 25
bility, that it is the role of the Con- numbers beside them that are not re- seconds.
gress to make sure we appropriate lated to estimates from the agency, are Mr. BREAUX. Mr. President, I yield
money for specific purposes and not not related to any testimony we have myself 5 minutes. I ask unanimous con-
just write a blank check. received in any of our hearings, but yet sent that Senators SCHUMER, CLINTON,
Well, we didn’t write a blank check. amount to a rewrite of this entire sec- STABENOW, and KENNEDY be added as
We have written not only the provi- tion of the supplemental appropria- cosponsors.
sions of the bill with specificity about tions bill. The PRESIDING OFFICER. Without
how the funds we are appropriating are There is some money in here for objection, it is so ordered.
to be used, but we also have accom- States and localities. We hope the Sen- Mr. BREAUX. Mr. President, the idea
panied the bill with a written report ate understands that we have written that Congress ought to be involved in
that spells out, in the case of the in here some requirements that get the how the money is spent is not a novel
counterterrorism fund, what our under- money out faster to States and local- idea. If we are going to spend $1.135 bil-
standing of the needs are and the esti- ities. It requires that 80 percent of the lion, Congress ought to be involved in
mates that we received from the agen- funding go directly to localities in saying how it is going to be spent.
cies. So in spite of the suggestions we some of the grant programs adminis- The bill before the Senate now says
have heard by the proponents of this tered by the Department of Homeland that we are going to give $1.135 billion
amendment, we do have some speci- Security. to the Office of the Secretary of Home-
ficity. We have made a concerted effort to land Security, and whatever he wants
We have, for example, put in the ensure that the taxpayers will get their to do with it, he pretty much has carte
committee report, with respect to the money’s worth out of the funds appro- blanche to do whatever he thinks fit. I
Department of Homeland Security’s 30- priated in this bill. For example, al- would hope he would make the right
day surge associated with immediate though this amendment adds money decisions, but I would like to have Con-
or emerging terrorism-related preven- for the Coast Guard, we set up a sepa- gress involved in saying these are the
tion and response activities, the fol- rate section for funding of Coast Guard priorities within that $1.135 billion as
lowing: Bureau of Immigration and activities. We put in $580 million di- to what we think should be spent and
Customs enforcement, $55 million. Fed- rectly to the Coast Guard. I have to how it should be spent. We do not do
eral Protective Service overtimes oper- admit, that was not requested by the our job if we just appropriate money
ations and maintenance for the air pro- administration, but we wanted to be and do not indicate how the money
gram and other related costs are in- sure their activities, particularly with should be spent, especially when you
cluded in that. For the Bureau of Citi- regard to Operation Iraqi Freedom, are talking about billions of dollars.
zenship and Immigration Services, $1 were fully funded. Here is an example. The Senator
million. The Bureau of Customs and The Coast Guard has been mobilized, from Mississippi says we have a report
Border Protection, we have $65 million. in effect, as a part of our war against that makes suggestions. Folks, this is
That includes overtime, operation terror in the Persian Gulf area, so- a suggestion. This could be filed in a
costs of assets, impact on user fee col- called Operation Iraqi Freedom. But desk drawer at the Department,
lections and other logistics costs, and they also have responsibilities here for thrown in the waste paper basket, and
on and on. Transportation Security Ad- homeland activities. The bill reported ignored, because it doesn’t have the ef-
ministration, $120 million, overtime for by the Committee on Appropriations fect of law. It is nice that people
passenger screeners, operation costs of gives the Secretary discretion to use worked on it and that it was printed,
assets, contract hiring, service train- fiscal year 2003 funds from the but how many people will read it? Not
ing, and State and local expenses. We counterterrorism account to allocate very many, and not many will read it
enumerate several other activities with funding to the Coast Guard for addi- over at the Department of Homeland
specificity in that connection. tional operation expenses. That in- Security either.
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4769
If you want to say how money is partments as to how their funds should have indicated to Senator STEVENS
going to be spent, it has to be part of be used. I am sure they are going to that Senator FEINSTEIN is ready to
the law. We are not saying spend what- read the report, but they can also ig- offer an amendment. It is my under-
ever you want. We are giving him a nore the report. I think it is better to standing that there has been some ar-
specific amount. We should also say spell out what we are talking about rangement made on the amendment
how that specific amount is going to be when we talk about counterterrorism. she is going to offer.
spent. That is what my amendment It is not just a word; it encompasses a I see my friend from Missouri. Does
does. lot of different Departments. he wish to offer an amendment? I
Let me give an example of what the The PRESIDING OFFICER. The Sen- thought we were going to the Feinstein
problem is. For the Coast Guard—and ator from Mississippi is recognized. amendment. May I have an indication
we know how much work they are Mr. COCHRAN. Mr. President, con- from the Senator from Missouri how
going to have to be doing in the United trary to the suggestion of my friend long he is going to take, or what the
States, in the ports of New York, Flor- from Louisiana, the committee is re- subject matter is?
ida, New Orleans, Houston, and the quiring the administration to respond Mr. COCHRAN. Mr. President, the
west coast because of the problems we and spend the money as provided in Senator from Missouri has an amend-
have—the supplemental appropriations this bill. I am reading: ment, and there will be a short discus-
bill puts in $580 million more for the Prior to the obligation of any funds, the sion of it, and it may not require a
Coast Guard. What they say is that $400 Secretary of Homeland Security is required vote.
million of it is going overseas. We need to submit a notice to the Committee on Ap- Mr. REID. I thank the Senator.
it overseas. That is appropriate and propriations. The committee expects this no- The PRESIDING OFFICER. The Sen-
tice to be accompanied by a full and com- ator from Missouri is recognized.
proper. But we also have some home-
plete justification of the costs to be reim-
land needs for counterterrorism. bursed by agency accounts, including a de- AMENDMENT NO. 499
Under the supplemental bill pending tailed breakdown by program, project and Mr. TALENT. Mr. President, I send
before the Senate, we would have $180 activity. an amendment to the desk.
million for the domestic Coast Guard We are going to maintain oversight. The PRESIDING OFFICER. The
needs, and then the remainder of $400 Who is not going to get money if this pending amendment is temporarily set
million would be going overseas. We amendment is adopted? The U.S. Se- aside.
are neglecting homeland security. We cret Service, law enforcement training The clerk will report.
are talking about homeland security, requirements, emergency preparedness The assistant legislative clerk read
which means here at home. and response, and other important ac- as follows:
So we are suggesting that we add an The Senator from Missouri [Mr. TALENT],
tivities are going to be zeroed out of
additional $200 million, which would be for himself, Mr. BOND, Mrs. CLINTON, and Mr.
this bill.
utilized in this country for the needs at Mr. BREAUX. Mr. President, $2.65 SCHUMER, proposes an amendment numbered
all of the ports. They have to do a lot 499.
billion is not zeroing out counterintel-
more, we are telling them, and the ligence and counterterrorism. It is a Mr. TALENT. Mr. President, I ask
Coast Guard has to devise a security large add-on, $2.65 billion. The only dif- unanimous consent that further read-
plan for every single port in the United ference is we are suggesting in law ing of the amendment be dispensed
States. They are not going to be able where it ought to be spent, instead of with.
to do that for free, with all the work saying you can do what you want and The PRESIDING OFFICER. Without
that needs to go into those ports. then come back to the committee and objection, it is so ordered.
If we are going to spend $1.135 billion, The amendment is as follows:
tell us why you did it that way. We
the Congress should be involved in say- (Purpose: To require certain air carriers that
should tell them where it should be
ing where it is going to be spent. We receive funds appropriated under this Act
spent before the fact, not after the
should not simply say: Here is the to accept procedures that ensure the fair
fact. Our amendment adds money to and equitable resolution of labor integra-
money; we hope it does some good;
counterterrorism. I think that is what tion issues in transactions for the com-
whatever you want to use it for, do it,
we should be doing as a Senate. bination of air carriers)
as long as it fits the generic title of Mr. COCHRAN. Mr. President, I move
counterterrorism. Well, counter- At the end of title IV, insert the following:
to table the amendment and ask for SEC. ll. (a) This section may be cited as
terrorism is more than a word; it is the the yeas and nays. the ‘‘Airline Workers Fairness Act’’.
Coast Guard, the Bureau of Customs, The PRESIDING OFFICER. Is there a (b) The purpose of this section is to require
the Immigration Service, and it is sufficient second? covered air carriers that receive funds appro-
money for airport modifications to de- Mr. REID. Mr. President, reserving priated under this Act to accept procedures
tect the luggage going into the holds of the right to object, it is my under- that ensure the fair and equitable resolution
the ship; it is mass transit security, of labor integration issues, in order to pre-
standing that the manager of the bill
railroad security, Federal law enforce- vent further disruption to transactions for
and the leaders have agreed this vote the combination of air carriers, which would
ment training, and it is better commu- would occur at a later time. potentially aggravate the current disrup-
nications for the men and women who Mr. COCHRAN. That is correct. I ask tions in air travel associated with increased
work in counterterrorism. unanimous consent that the Breaux terror alerts and other factors in the United
That is what counterterrorism is. It amendment be temporarily set aside States.
is not just a term; it is a bunch of and a vote occur on or in relation to (c) In order to receive funds appropriated
Agencies and Departments that have a the amendment at 4:45 p.m. under this Act, a covered air carrier shall
lot of work to do. We ought to have the The PRESIDING OFFICER. Without agree to be subject to this section.
intelligence to be able to say where it (d) In any covered transaction involving a
objection, it is so ordered.
is going to be spent, instead of just covered air carrier that leads to the com-
Mr. REID. Mr. President, if I may di- bination of crafts or classes that are subject
putting a term out there and saying we rect a question. to the Railway Labor Act—
are going to give $1.135 billion for The PRESIDING OFFICER. The (1) sections 3 and 13 of the labor protective
counterterrorism. Chair wants to clarify the situation re- provisions imposed by the Civil Aeronautics
What is counterterrorism? I suggest garding the motion to table. Did the Board in the Allegheny-Mohawk merger (as
that counterterrorism is outlined in Senator make a motion to table? published at 59 CAB 45) shall apply to the
the descriptions we have in the amend- Mr. COCHRAN. Yes, a motion to covered employees of the covered air carrier;
ment now pending before the Senate, table was made. I now ask for the yeas and
which we ask our colleagues to con- (2) subject to paragraph (1), in a case in
and nays.
sider supporting. It is nice that we which a collective bargaining agreement pro-
The PRESIDING OFFICER. Is there a vides for the application of sections 3 and 13
have suggestions in a report, but we all sufficient second? of the labor protective provisions in the
know—if you have been here more than There is a sufficient second. process of seniority integration for the cov-
a week—a report is not binding, not The yeas and nays were ordered. ered employees, the terms of the collective
law; it is merely a suggestion. We are Mr. REID. Mr. President, I direct a bargaining agreement shall apply to the cov-
here to write laws, to direct the De- question to the manager of the bill. I ered employees and shall not be abrogated.
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S4770 CONGRESSIONAL RECORD — SENATE April 3, 2003
(e) Any aggrieved person (including any merger that was as disadvantageous to anything. Certainly it will be too late
labor organization that represents the per- one of the former employee groups as to do anything as conveniently as it
son) may bring an action to enforce this sec- this one. will be if we adopt this amendment.
tion, or the terms of any award or agreement The effect of it is that employees who Again, our amendment does not im-
resulting from arbitration or a settlement
relating to the requirements of this section.
have been working for TWA for decades pose any Government solution on the
The person may bring the action in an appro- are placed behind on the seniority list parties. It costs no money. It affects no
priate Federal district court, determined in employees working for American Air- other airline and no other situation.
accordance with section 1391 of title 28, lines only a year or two. All you have We are offering it now to provide some
United States Code, without regard to the to do is fly American Airlines and be relief to a group of people who expected
amount in controversy. recognizable as a Member of Congress and deserve better and who, unless we
(f) Nothing in this section shall be con- to see what the implications of this do something, are going to be out on
strued to affect any provision of law that
provides greater employee rights than the
have been for real people. the street. That is the reason we are of-
rights established under this section. I do not think I go on a flight where fering the amendment at this time.
(g) In this section: a flight attendant does not come up to The PRESIDING OFFICER. The Sen-
(1) The term ‘‘air carrier’’ means an air me and tell a story, such as she is a 28- ator from Missouri.
carrier that holds a certificate issued under year flight attendant for TWA who is Mr. BOND. Mr. President, I rise in
chapter 411 of title 49, United States Code. now going to be laid off while people strong support of the amendment by
(2) The term ‘‘covered air carrier’’ means who have been working for American my colleague from Missouri. We are
an air carrier that is involved in a covered dealing with another very significant
Airlines for only a year or two will be
transaction.
(3) The term ‘‘covered employee’’ means an still flying. bailout, using taxpayers’ money, for
employee who— A specific example: Sally Young, a the airlines which have been hurt.
(A) is not a temporary employee; former TWA captain who now works I agree with the need to keep the air-
(B) is a member of a craft or class that is for American Airlines whom I have met lines flying. Airlines are absolutely es-
subject to the Railway Labor Act (45 U.S.C. and talked with, is a 15-year veteran of sential to our economy. But I believe
151 et seq.); and TWA. She was demoted, because of se- when we are sending taxpayers’ dollars
(C) was an employee of a covered air car- niority, from being a captain to a first to airlines, that we have at least some
rier on April 1, 2003. officer, and now, after the recent lay- responsibility to ensure the employees
(4) The term ‘‘covered transaction’’ means
offs were announced, is scheduled to be are being fairly treated. This, to me, is
a transaction that—
(A) is a transaction for the combination of laid off even though pilots who have simply an issue of equity and fairness.
multiple air carriers into a single air carrier; been working only a short time for Back when American Airlines ac-
(B) involves the transfer of ownership or American Airlines will continue to fly. quired TWA, they did not just take the
control of— The result of this for the flight at- airplanes. They took the hub, they
(i) 50 percent or more of the equity securi- tendants is that there were 4,000 flight took the facilities, and they took the
ties (as defined in section 101 of title 11, attendants who worked for TWA. By heart of TWA as well—its employees,
United States Code) of an air carrier; or midsummer, all of them will be gone. employees we have come to know and
(ii) 50 percent or more (by value) of the as-
These are people who have given their respect and trust and whose service we
sets of the air carrier;
(C) was pending, or had been completed, life to this company, people who have have appreciated over the years.
during the period beginning on January 1, mortgages, people who are at a stage in Since April 9, 2001, American Airlines
2001 and ending on September 11, 2001; and life where it is very difficult for them and TWA have operated under a single
(D) did not result in the recognition of a to retrain and find other employment. umbrella. On that date, Donald J.
single air carrier by the National Mediation People who were promised better, who Carty, chairman and CEO of American
Board by September 11, 2001. clearly understood that in some way, Airlines, stated:
Mr. TALENT. Mr. President, I rise, shape, or form they would be protected Today, we warmly welcome TWA’s employ-
along with my colleagues, Senators in this buyout are going to be gone, ees to the American family. While employees
BOND, CLINTON, and SCHUMER, to offer and most of the pilots will be gone as and customers will see business-as-usual for
the Airline Workers Fairness Act, with well. some time, we’re looking forward to working
the hope of ensuring the fair and equi- I am not here to blame anybody for together and building a future as one team.
Employees at American and TWA are united
table resolution of labor integration this. It is an extraordinarily, uniquely in our commitment to meeting our cus-
issues surrounding American Airlines disadvantageous situation. I do not tomers’ needs and providing opportunities
and the former TWA. I want to give the know how it happened, but I know it is for growth in a rewarding work environment.
Senate a brief history of these issues. not right, and this amendment is de- Our theme for today’s celebrations is ‘‘Two
American Airlines acquired TWA in signed to fix it in a fair and equitable Great Airlines—One Great Future,’’ and I’m
April of 2001. We all thought that was a fashion. It applies only to this merger. sure that, working together, we can fulfill
good thing. We still hope it is a good It says that the parties will bargain that promise.
thing. We supported it. At the time, for several weeks after this amendment I was out there and I joined in that
American Airlines promised TWA em- becomes effective, and if they cannot recognition in celebrating two great
ployees that they would be treated reach an agreement, they will go to a airlines with one great future, and on
fairly as a result of the buyout, and in neutral expert binding arbitration, and January 1, 2002, all TWA employees of-
fact that promise was one of the condi- the arbitrator can then decide what re- ficially became American employees.
tions of Federal approval of the sult will be fair in light of the situa- At that moment, all former TWA em-
buyout. Certainly, our expectation was tion they are in now. These people who ployees were now an integral part of
that when the representative employee have worked for so long and given back the new team at American Airlines.
groups merged, their seniority lists so much over the years to keep this Promises were made to the hard-
would be dovetailed in the normal fash- company afloat will have the consider- working TWA employees in my home
ion. In other words, the years of service ation that we all thought they would State, and these employees were pub-
for TWA employees would count in the have had. licly referred to as the crown jewel of
merged company, and years of service Those of us who are offering this TWA. It was not as if they were ‘‘lucky
for former American Airline employees amendment and supporting this to have a job at all,’’ as some have sug-
would count as well. For whatever rea- amendment would rather not do it on gested. They are employees with exten-
son, that didn’t happen. In fact, noth- this vehicle. We would not have done it sive years of background and years of
ing even close to it happened. on this vehicle, but the underlying bill seniority over a great number of their
The former TWA flight attendants provides several billion dollars of ex- colleagues at American Airlines and,
were stapled to the bottom of the traordinary relief for the airline indus- through their service to the traveling
merge seniority list, and most of the try. We support that. public to our communities, had devel-
TWA pilots were stapled to the bottom In addition, American Airlines an- oped a reputation for service that made
of the seniority list. In all my years in nounced several thousand more layoffs this an extremely valuable hub.
public office and in the years when I earlier this year. If we do not do some- Had they known that the promises
practiced labor law, I have never seen a thing soon, it will be too late to do were not going to be kept, there were
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4771
other options—reorganizing in bank- Talent-Bond amendment and you de- ment No. 499 on the grounds that it is
ruptcy, seeking alliance with another cide with the bosses who are strong legislation on an appropriations bill
airline that would treat them fairly. arming weaker unions, resulting in an and thus violates rule 16, paragraph 4
They were made promises of fair treat- extremely unfair integration of two of the Senate rules.
ment. They gave up what they call great airlines and one great future. The PRESIDING OFFICER. The Sen-
their Allegheny Mohawk protection About 5,000 jobs are at stake. ator from Missouri.
rights on the expressed promise that I strongly urge my colleagues to sup- AMENDMENT NO. 499 WITHDRAWN
they would be treated fairly. port this fair integration proposal. Mr. BOND. Mr. President as cospon-
After American Airlines stapled the I yield the floor. sor of this amendment, I ask the
TWA seniority list to the bottom, at The PRESIDING OFFICER. The Sen- amendment be withdrawn.
least the top official of American Air- ator from Texas. The PRESIDING OFFICER. The Sen-
lines came to my office and said: We Mrs. HUTCHISON. Mr. President, I ator has that right. The amendment is
are going to protect the hub at St. rise to speak against the amendment. I withdrawn.
Louis; we are going to put a wall respect my colleagues, Senator TALENT AMENDMENT NO. 500
around that and keep former TWA em- and Senator BOND very much. I am Mr. BOND. Mr. President, I have dis-
ployees serving the traveling public very sad and very sorry about the situ- cussed this matter with my good friend
out of that hub, and we are not going ation with the TWA employees. It was from Texas, who is very understanding.
to have them laid off because they will a difficult situation when TWA was in I believe the sense-of-the-Senate
continue the TWA service. bankruptcy. A number of airlines amendment which we have prepared es-
The wall came down. They were not sought to take over TWA. American sentially states some of the findings in
protected. The crown jewel of TWA, the was the one that was willing to do it. perhaps less colorful language than I
people in St. Louis, are losing their There were agreements made at the have described but encourages Amer-
glitter. These promises made to them time. American offered to preserve the ican Airlines, or tells American Air-
were the root of the entire agreement jobs and pensions of the TWA employ- lines to encourage its employee groups
reached between TWA and American ees at the time if the unions would to integrate all employees in a manner
Airlines back when this whole deal was agree to waive their seniority rights that is fair and equitable for all parties
going down, and now these promises from TWA. That was the agreement. If involved. I send that amendment to the
appear to have been broken. American had not stepped up to the desk and ask for its immediate consid-
If the TWA employees knew at the plate, all of the TWA pilots, flight at- eration.
beginning they were merely being tendants, mechanics, and ticket agents The PRESIDING OFFICER. The
taken as a sacrificial lamb, then the would have lost their jobs immediately pending amendments are set aside.
deal would likely never have happened. and their pension funds would have The clerk will report.
Now the TWA employees, the TWA pi- been wiped out. Instead, American not The assistant legislative clerk read
lots, and the TWA flight attendants are only persevered their jobs but fully as follows:
the blood donors when cuts have to be funded the TWA pension funds. The Senator from Missouri [Mr. BOND] for
made. Everyone hoped the aviation indus- Mr. TALENT, for himself, Mr. BOND, Mrs.
According to today’s issue of the St. try would recover and that everyone CLINTON, and Mr. SCHUMER, proposes an
Louis Post Dispatch: would stay employed. It is still the amendment numbered 500.
All American Airlines flight attendants hope of every American employee that Mr. BOND. I ask unanimous consent
based at Lambert Field will lose their jobs if the TWA former employees who have reading of the amendment be dispensed
members of the Association of Professional been laid off will be hired back. Amer- with.
Flight Attendants approve a contract by ican is committed to hire back former The PRESIDING OFFICER. Without
April 15 to help the airline avoid bankruptcy. TWA employees before anyone else. objection, it is so ordered.
That is what we are providing money However, the TWA employees took The amendment is as follows:
to support? this matter to the National Mediation (Purpose: To state the sense of the Senate
The situation for former TWA pilots Board. The National Mediation Board regarding procedures that ensure the fair
is grim as well. Fifty-four percent of has rendered a decision reinforcing the and equitable resolution of labor integra-
former TWA pilots will lose their job original agreement. TWA’s pilots and tion issues in transactions for the com-
before a single former American Air- flight attendants have appealed. That bination of air carriers)
lines pilot will lose his or her job be- is their right. At the end of title IV, insert the following:
cause they were simply stapled to the This case is still in litigation. It is SEC. ll. It is the sense of the Senate
bottom of the seniority list. completely inappropriate to bog down that—
After planned furloughs, there will a wartime appropriations bill with lan- (1) the asset acquisition of Trans World
Airlines by American Airlines was a positive
only be 565 former TWA employees re- guage that would attempt to pit win- action that should be commended;
maining. To help everyone with the ners and losers in a battle between (2) although the acquisition was a positive
math, that is 76 percent of the former unions or between any union and man- action, the combination of the 2 airlines has
TWA pilots and 100 percent of TWA agement. resulted in a difficult seniority integration
flight attendants in St. Louis who will This amendment is coming at a time for the majority of the employee groups in-
lose their jobs. They are literally cut- when American’s unions are set to vote volved;
ting off the family crown jewel. on the most significant cost restruc- (3) airline layoffs from American Airlines
The senior most TWA pilot hired in turing proposal in U.S. history, with should be conducted in a manner that main-
tains the maximum level of fairness and eq-
1963 was integrated along with a 1985 $1.8 billion in proposed union conces- uitable treatment for all parties involved;
hire from American Airlines. That is sions. Interference with these negotia- and
almost 22 years later, and guess which tions at this time could impact that (4) American Airlines should encourage its
one is on the chopping block first? vote and push the world’s largest air- employee groups to integrate all employees
Promises made in fairness have not line into bankruptcy. Of course, if that in a a manner that is fair and equitable for
been achieved. happens, everyone at American, not all parties involved.
In this supplemental bill, we are just the former TWA employees, could Mr. REID. I suggest the absence of a
poised to provide our airlines with $3.5 lose their jobs. quorum.
million to keep them in the air. With I do sympathize, and I hope very The PRESIDING OFFICER. The
that assistance, more layoffs are com- much the little bailout that we are giv- clerk will call the roll.
ing. We must act before more of our ing the aviation industry, will result in The assistant legislative clerk pro-
talented and qualified employees are American staying strong and being ceeded to call the roll.
let go before junior colleagues within able to hire back everyone who has had Mr. REID. Mr. President, I ask unan-
the same organization. to be laid off. That is the purpose of imous consent that the order for the
The choice before this body is simple: the bill today. quorum call be rescinded.
Support the Talent-Bond amendment Regretfully, I must raise a point of The PRESIDING OFFICER. Without
and you support fairness, or oppose the order and offer an objection to amend- objection, it is so ordered.
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S4772 CONGRESSIONAL RECORD — SENATE April 3, 2003
Mr. REID. Mr. President, it is my un- these employees who have been laid ments, 6,000 rescue departments, and
derstanding that a number of Senators off. I certainly support the sense of the many other agencies as well.
want to speak for a brief time on the Senate. We all want fair treatment for They have historically depended on
amendment the Senator from Missouri all of the employees of American Air- their own radio systems, even though
sent to the desk that is now pending. I lines. sometimes these systems are often in-
ask they be allowed to speak on this Mr. REID. Mr. President, Senator compatible with other agencies with
amendment but that no action be FEINSTEIN has been waiting here all whom they work.
taken until we have had a chance to re- day. She has a speech she wants to give As a result, law enforcement, fire-
view it on our side. and an amendment to offer. This will fighters, and emergency medical serv-
The PRESIDING OFFICER. Is this a not be part of the voting in 45 minutes ice (EMS) teams can’t talk to each
unanimous consent request? because she and Senator STEVENS have other.
Mr. REID. Yes. been in discussions about how to re- For example, while police received a
The PRESIDING OFFICER. Without solve this issue. radio message that the World Trade
objection, it is so ordered. If I could have Senator COCHRAN’s at- Center was going to collapse on Sep-
The Senator from Missouri. tention, Senator BYRD is here. You and tember 11, firefighters never received
Mr. TALENT. Mr. President, I will Senator BREAUX used up all the time the message because they use different
speak briefly. First, I commend my on the amendment, the Breaux amend- radios.
friend and colleague from Missouri for ment pending, which we will vote on at A report from the University of New
his work on this issue for several years quarter to 5. Senator BYRD will ask for Hampshire-based ATLAS Project
and his consistent advocacy for fair- up to 15 minutes to speak in favor of states:
ness to all the employees of American the Breaux amendment. We have no ob- From numerous interviews gathered as
Airlines. I also express my deep grati- part of a fire department inquiry into the
jection to that. events of September 11th, it would appear
tude to our friend and colleague from Mr. COCHRAN. I have no objection to that non-interoperability was at least par-
Texas for how she has worked with us that request, Mr. President. tially responsible for the loss of 343 fire-
on this amendment and indeed on this Mr. REID. Mr. President, I ask unan- fighters at the World Trade Center.
whole issue within, of course, the lim- imous consent the Senator from Cali- According to an article in The New
its of her convictions. fornia be recognized for up to 15 min- York Times on January 30, 2002, the
Briefly, this situation is not easy for utes. New York Fire Department’s most sen-
anyone and I recognize that. I empha- The PRESIDING OFFICER (Mr. ior commanders report that:
size that there are thousands of people SMITH). Without objection, it is so or- they had little reliable radio communica-
who are in a uniquely difficult situa- dered. tions that morning, could not keep track of
tion, people with 10, 15, 20 years senior- Mr. REID. Following that speech, I all of the firefighters who entered the towers
ity with a company. When you get that ask unanimous consent that Senator and were unable to reach them as the threat
kind of seniority with a company, you BYRD be recognized to speak in favor of of collapse became unmistakeable. . . . So
order your life so far as it is job re- the Breaux amendment for up to 10 poor were communications that on one side
lated, on the assumption that unless minutes. of the trade center complex . . . a city engi-
the company goes down—in this case, The PRESIDING OFFICER. Without neer warned officials that the towers were at
risk of ‘‘imminent collapse.’’ Those he told
stops flying—you are not going to be objection, it is so ordered. The Senator could not reach the highest-ranking fire
laid off. You do that in terms of your from California is recognized for up to chief by radio. A messenger was sent across,
financial affairs; you get mortgages; 15 minutes. dodging flaming debris and falling bodies, to
you make arrangements with your kids Mrs. FEINSTEIN. Mr. President, I deliver it in person. He arrived with the news
and their college education. Thousands was going to call up an amendment less than a minute before the first tower fell.
of people worked for TWA for years and about interoperable communications, Let me give some other examples.
years and years and did that. but the text of our amendment is being Interoperability was also a problem
Then something happened. I don’t worked out by the chairman of the at both the Littleton, Colorado shoot-
know what happened; I was not there. committee and the ranking member. I ing spree at Columbine High School.
The people who were supposed to rep- believe it is going to be successfully During that horrific attack, over 2000
resent their interests in this process— worked out, so I would like to say a students and teachers were effectively
management, the union, the govern- few words about what I would like to held hostage and 15 were killed and 23
ment—for some reason did not. Their see happen. wounded.
interests were not represented. As a re- This emergency supplemental pro- Forty-six separate agencies re-
sult, they are now facing layoffs con- vides $2 billion through the Office of sponded during the incident. Many of
trary to all their expectations. Domestic Prepareness for State and these responders were operating on dif-
I support the Senator’s sense-of-the- local governments and first responders ferent emergency radio channels, and
Senate amendment. I hope it means as for homeland security. in different parts of the radio spec-
we continue to represent those inter- It also states in the Conference Re- trum. Some operated on VHF fre-
ests we will have some chance along port that $30 million of the $2 billion quencies, some on an Ericsson 800
the process to get fairness for these should go to provide ‘‘technical assist- megahertz system, some on an analog
people who expect better and deserve ance to States for a variety of activi- 800 megahertz system, and some on a
better and who have worked so hard in ties’’ and mentions ‘‘assistance with digital 800 megahertz trunked system.
giving so much to this company for so interoperable communications and According to an internal report by
long. equipment’’ as one such activity. the Jefferson County Sheriff’s Office:
Mrs. HUTCHISON. Mr. President, I But nowhere is there a specific ear- With such varying systems being used, not
certainly support the sense of the Sen- mark for interoperable communica- only were agencies prevented from commu-
ate. We all want fair treatment. If the tions, and none of the $30 million men- nicating directly with each other, but groups
aviation industry had stayed viable tioned for ‘‘technical asssistance’’ will with similar functions also could not com-
municate via radio. Ideally, groups with the
and we had a good economy, I believe go directly to the people who need it
same responsibility, such as the various
every employee would have maintained most—policemen, firefighters, and SWAT teams or those officers setting up
their employment status and there emergency assistance personnel. inner or outer perimeters would have their
would have been more hires. However, And even if some fraction of the $30 own channel to use in order to report and ob-
we all know the economy is in a very million does trickle down to public tain vital information about their particular
precarious situation. The aviation in- safety first responders, this is simply area.
dustry has been hit hard since Sep- not enough to make a dent in the prob- In the aftermath of the Oklahoma
tember 11, particularly American. And lem. City bombing, the Federal, State, and
they do not want these layoffs. That is There are, today, about 2.5 million local first responder agencies also
the only alternative they have. public safety first responders operating couldn’t talk to each other.
I know the first people hired back in the U.S., located at 18,000 law en- Things were so bad that agencies re-
when business picks up are going to be forcement agencies, 26,000 fire depart- sorted to using ‘‘runners’’ to carry
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4773
messages from one command center to I must tell you, I am delighted that Ms. LANDRIEU. Mr. President, I also
another. To ensure that all agencies both the chairman of the Appropria- ask unanimous consent to have printed
were on the same page, these runners tions Committee and the ranking in the RECORD a letter from the Gov-
often had to run between different member have responded, and I am as- ernor of Louisiana and a letter from
agencies repeating the same message. sured there will be added, in the man- Louisiana’s Department of Public Safe-
This is the same method of commu- agers’ package, an additional amount ty and Corrections. Those documents
nication used thousands of years ago which will go directly to first respond- substantiate the statement outlined by
by the ancient Greeks and Romans. We ers. the Senator from California.
all know—Senator BYRD especially— Now, let me make one point. I re- There being no objection, the mate-
the story from 490 B.C. of the man who cently heard from a Los Angeles city rial was ordered to be printed in the
ran 26 miles from the plains of Mara- councilman, Jack Weiss, about one po- RECORD, as follows:
thon to the city of Athens to report tential solution. It is a device called STATE OF LOUISIANA,
victory in the Battle of Marathon and ACU–1000, which is also available in a OFFICE OF THE GOVERNOR,
warn the people in the city of impend- mobile version called the First Re- Baton Rouge, March 14, 2003.
ing attack. In some ways, we are no sponder Vehicle. ACU–1000 is manufac- Hon. MARY LANDRIEU,
better off today, 2,500 years later. tured by JPS Communications, which U.S. Senate, Hart Senate Office Bldg.,
is owned by Raytheon. Washington, DC.
It is outrageous that our emergency DEAR MARY: I am writing to request that
communications systems can be re- Now, here is how the First Responder
the Senate Appropriations Committee report
duced to levels that existed 21⁄2 mil- Vehicle works: They take an SUV, and
to accompany the Fiscal Year 2004, Com-
lennia ago. fill it with software that converts the merce, Justice and State, the Judiciary and
And even if runners are not needed to different frequencies into a compatible Related Agencies Appropriations Act, in-
transit messages physically from agen- network that allows first responders, clude language in the Law Enforcement
cy to agency, lack of interoperability using different communication devices, Technology Program account to provide $7
can still spell disaster. to talk to each other. So a local com- million for one-time equipment costs nec-
Lack of interoperability always munity, such as one of yours, I say to essary to upgrade Louisiana’s statewide 800
the Presiding Officer, or one of mine, MHz SmartZone public safety communica-
means that precious minutes are lost tion system.
and lives are put at risk. can purchase this vehicle for $150,000 to
This system is operated by the Louisiana
The bottom line is that Congress has $200,000 and thus allow first responders State Police and utilized by 75 other state
not provided enough money for inter- to coordinate using diverse, incompat- and local agencies including numerous sher-
operable communications—and that ible communications systems. iffs’ departments, the Louisiana National
means we are needlessly jeopardizing A public safety first responder will Guard, the U.S. Marshals Service, U.S. Se-
the safety of our public safety first re- drive the SUV to an emergency. Then cret Service and U.S. Coast Guard, among
sponders and the citizens of our coun- Federal agency, State agencies, local others.
agencies, the National Guard, police of- The existing 800 MHz system is an analog
try. one, designed over 15 years ago. The existing
The fiscal year 2003 appropriations ficers and firefighters can all talk to
one another. This can be done for as system has numerous gaps in statewide cov-
bill only provides $45 million in dedi- erage. Upgrading to the digital system would
cated money for interoperable commu- little as $150,000 a unit. eliminate statewide communications cov-
While my amendment is for $400 mil-
nications—only $12 million of which is erage gaps. The existing system is also lim-
lion, I am hopeful that as much as the ited in terms of communications interoper-
likely to go directly to first respond-
chairman and the ranking member be- ability. The digital system upgrade would
ers. Twenty million dollars was given
lieve is possible can be appropriated greatly enhance communications interoper-
to the COPS program for interoper-
and earmarked for interoperable com- ability. The requested system upgrade would
ability, but $8 million of this amount measurably assist the public safety agencies
munications in the supplemental and
was earmarked for other purposes—$5 in Louisiana who provide the bulk of the
go directly to these first responding
million to the National Institute of first responder, investigative follow-up (in
communities.
Standards to develop minimum stand- I also ask that the RECORD reflect case of terrorism, or other manmade disas-
ards and $3 million for research and de- that Senator MIKULSKI, Senator DODD, ters) and consequence management efforts in
velopment through the National Insti- emergency situations.
Senator DURBIN, and Senator DAYTON The move to a digital capable system al-
tute of Justice’s Advanced Generation are also very concerned about this lows the state to build on the existing MHz
of Interoperability for Law Enforce- issue and that they worked on the infrastructure by reusing a large percentage
ment—AGILE—program. amendment with me. I thank them all of the hardware at the existing sites. These
Another $25 million was given to very much. sites would be upgraded to allow for digital
FEMA under the Emergency Manage- The bottom line is that it is easy to communications. New sites would be added
ment Planning and Assistance account. solve this problem and that solving the to enhance coverage for the users. With the
However, my staff has been told that problem is going to save lives. If you capability to add more sites and improve
this money will probably go to State coverage and audio clarity, the ability to
are going to protect the homeland, you interoperate with other public safety agen-
emergency management agencies. have to enable those who first respond
There is another $400 million for cies would be greatly enhanced, thus pro-
to a major crisis to be able to commu- viding more agencies the capability of com-
equipment grants and $750 million for nicate. munications during a disaster recovery ef-
fire grants, but only some of this could Once again, I thank the chairman fort.
be used for interoperable communica- and the ranking member for working The state of Louisiana and local govern-
tions. There was only about $50 million with me to include money for inter- ments have invested approximately
set aside specifically for interoperable operable communications in the sup- $42,500,000 in infrastructure and subscriber
communications in fiscal year 2002. units for the statewide system. Your assist-
plemental. I look forward to this issue
And I mentioned earlier, that there is ance in appropriating the necessary federal
being resolved in the manager’s pack- funds for the new digital communications
$30 million in the supplemental for age, but I would like to reserve the upgrade will be greatly appreciated by the
‘‘technical assistance’’ to the States, right, in the event something goes state of Louisiana, public safety community
some of which could be used for inter- wrong, to call up the amendment. and those whom we serve.
operable communications. Ms. LANDRIEU. Will the Senator Sincerely,
In my view, providing only $12 mil- yield for a moment? M.J. ‘‘MIKE’’ FOSTER, Jr.,
lion in dedicated money directly for Mrs. FEINSTEIN. I certainly will. Governor.
first responders for fiscal year 2003 is Ms. LANDRIEU. I thank the Senator
simply not enough. from California. I particularly thank DEPARTMENT OF PUBLIC
We have talked with the Inter- her for bringing this issue to the atten- SAFETY AND CORRECTIONS,
Baton Rouge, LA, March 18, 2003.
national Chiefs of Police. We have tion of the Senate. I ask unanimous Hon. MARY LANDRIEU,
talked with all the national fire- consent to be added as a cosponsor of U.S. Senate, Hart Senate Office Bldg.,
fighting and first responding organiza- the amendment. Washington, DC.
tions. They are all strongly in support The PRESIDING OFFICER. Without DEAR SENATOR LANDRIEU: The Governor of
of increasing this amount. objection, it is so ordered. Louisiana, M.J. ‘‘Mike’’ Foster, Jr. has sent
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S4774 CONGRESSIONAL RECORD — SENATE April 3, 2003
a letter to you dated March 14, 2003 request- DC and the city council here as they President every day for a deficit, yet
ing that the House Appropriations Com- experienced the attack on September there isn’t one amendment here that
mittee report to accompany the Fiscal Year 11. It has been on the top of the list of doesn’t go billions above the request
2004, Commerce, Justice and State, the Judi-
law enforcement from Louisiana. the President made. What for? For war.
ciary and Related Agencies Appropriations
Act, include language in the Law Enforce- I am pleased to join her as a cospon- Not for homeland security. There is a
ment Technology Program account to pro- sor. I thank her for her leadership. very small amount for homeland secu-
vide $7 million for one-time equipment costs Mrs. FEINSTEIN. Mr. President, I rity. It was associated with moneys
necessary to upgrade Louisiana’s statewide thank the distinguished Senator from that were necessary to prosecute the
800 MHz SmartZone public safety commu- Louisiana. I appreciate that. I was a war.
nication system. In addition, as Deputy Sec- mayor for 9 years. I required all of the Now we are going to the total con-
retary of the Department of Public Safety departments to have portable radios. cept of homeland security, whatever it
Services, Superintendent of Louisiana State Every Monday we would test their may be. Politically it may be good. I
Police, and as the largest user of this lifeline
communications network I am also asking
radio systems at 7:30 because, in the expect to read about these in 2004 in
for your support. event of an earthquake, at that time every single spot combating anyone
This system is operated by the Louisiana there was no other way for all the city over here who voted with me to table
State Police and utilized by 75 other state departments to talk to one another ex- these amendments. I hope the Amer-
and local agencies including numerous sher- cept over a radio system. So I know ican public wakes up to what is going
iffs’ departments, the Louisiana National firsthand the importance of interoper- on. I don’t think the average person
Guard, the U.S. Marshals Service, U.S. Se- able communications. working for wages expects their money
cret Service and U.S. Coast Guard, among I appreciate the comments. Thank they pay into the Treasury is going to
others.
The existing 800 MHz system is an analog you very much. be used to pay overtime money in
one, designed over 15 years ago. The existing I yield the floor. every city, every State, every village
system has numerous gaps in statewide cov- Mr. STEVENS. I suggest the absence in this country.
erage. Upgrading to the digital system would of a quorum. When I inquired about several of
eliminate statewide communications cov- The PRESIDING OFFICER. The these amounts, I was told they were to
erage gaps. The existing system is also lim- clerk will call the roll. pay overtime. We have not accepted
ited in terms of communications interoper- The legislative clerk proceeded to those amendments. We will continue to
ability. The digital system upgrade would call the roll. oppose them. Any campaign I hear
greatly enhance communications interoper- Mr. STEVENS. Mr. President, I ask
ability. The requested system upgrade would about in 2004 where any of our people
measurably assist the public safety agencies
unanimous consent that the order for are attacked for votes made here, I will
in Louisiana who provide the bulk of the the quorum call be rescinded. pay my own expense and go defend
first responder, investigate follow-up (in case The PRESIDING OFFICER. Without them. I will defend them and tell the
of terrorism, or other manmade disasters) objection, it is so ordered. American public what is right.
and consequence management efforts in Mr. STEVENS. Mr. President, I re- Everyone ought to be part of home-
emergency situations. mind Senators we are going to come up land security. There ought to be vol-
The move to a digital capable system al- on a series of votes soon. This bill is a unteerism. There should be people paid
lows the State to build on the existing 800 bill the President asked us to move
MHz infrastructure by reusing a large per-
by the cities, by the counties, by the
centage of the hardware at the existing sites.
quickly on to provide moneys for the States, and by the Federal Govern-
These sites would be upgraded to allow for ongoing events in Iraq and Afghanistan ment. We are providing the money for
digital communications. New sites would be and the war on terrorism. We are now the Federal people. This bill is full of
added to enhance coverage for the users. being besieged by amendments for money to pay those who are in Federal
With the capability to add more sites, im- homeland security. As a matter of fact, employment to increase the level of
prove coverage and audio clarity the ability we have been besieged by homeland se- homeland security. But what we are
to interoperate with other public safety curity amendments as long as I can re- hearing now is that every city wants
agencies would be greatly enhanced thus pro- member.
viding more agencies the capability of com-
more. Every State wants more. It is
The problem is, apparently there is time we realize we ought to have a de-
munications during a disaster recovery ef-
fort. an assumption here on the floor that bate about this in terms of what is the
As mentioned in the Governor’s letter the the Federal Government is responsible Federal policy.
State of Louisiana and local governments for every single dime spent by any city I remember we used to have debates
have invested approximately $42,500,000 in in- or county or State in the interest of se- about federalism and what it means. It
frastructure and subscriber units for the curity. I always thought this was a mu- doesn’t mean the Federal taxpayer
statewide system. Your assistance in appro- tual security society, and the cities pays every dime everyone wants in
priating the necessary federal funds for the and States and counties did what all order to get ready for a potential ter-
new digital communications upgrade will be
greatly appreciated by the State of Lou-
they could do, and we would follow up rorist attack. I have said this before. I
isiana, public safety community and those and do the balance. Now it seems we had one mayor from a very small vil-
whom we serve. are getting to the point where we are lage in my State ask me to help him to
Sincerely, asked to provide each city, each State, get a new fire truck for homeland secu-
COL. TERRY C. LANDRY, each county with the full cost, not rity. When I looked into it, I found out
Deputy Secretary/Superintendent. only of their systems for security they didn’t have a fire station. As a
Ms. LANDRIEU. Mr. President, the against terrorism, but for their over- matter of fact, most of the roads
Senator from California is absolutely time. weren’t paved. This concept that every-
correct, that even with the finest I again ask the Senate, how much body is going to get part of the money
training, law enforcement, on the overtime are the people out in the we put up for homeland security, I be-
ground—and of which they are doing a desert in Iraq getting? How much over- lieve, is wrong.
better job every day—as they step up time are the people right here on the As we vote, I hope the Members on
their training to address these new floor, who are going to be working late my side stand up and be counted in
threats, all of that training is for tonight, getting? And they are going to terms of protecting this bill that the
naught if they cannot communicate be working over the weekend. It is high President wants. I keep hearing we
with each other. There are some real time people realized, I will not support have a war going on. Well, I see three
challenges in our communication abil- financing every city, every town, every wars out there, and I don’t know how
ity. county, every State for every dime long any one of them is going to go.
The Senator is absolutely correct, they say they need for homeland secu- The President deserves our support.
with just a small investment, the cur- rity. I think we should wake up. There Our people in uniform deserve our sup-
rent communications systems could be is just so much that can be put on the port, and the people fighting in Iraq
made more operable. Federal taxpayer. are not the primary concern of home-
I conclude by saying to the Senator We are running an enormous deficit. land security. This bill is. This is a bill
from California that this was one of On the one hand, my colleagues on that for supplemental assistance for na-
the first requests asked of the Mayor of side of the aisle are beating on this tional defense and a very small amount
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4775
for homeland defense—$4.6 billion out it demonstrates the critical need of Ms. LANDRIEU. Mr. President, be-
of almost $78 billion. Yet we are spend- Congress to continue to support Amer- fore I send my amendment to the desk,
ing most of our time on the floor de- ica’s Special Forces and to support this I want to take a point of personal
bating adding to the $4.6 billion. I hope bill and get this bill to the President as privilege and comment on the remarks
that does not go on much longer. As a soon as possible. made by the Senator from Alaska and
matter of fact, it isn’t going to go on Above all, I want to commend Jessica tell him how much I and many women
much longer because I am not going to Lynch for her commitment to this and many men appreciate them. They
continue to accept amendments that country, her patriotism, her courage, were heartfelt and they were right on
are directed toward just beefing up and to thank her for her outstanding target, and they were sincere, and they
homeland security for political pur- service. were very meaningful on this day, as
poses. I accepted the amendment of the I yield the floor. we all read about the extraordinary
Senator from Florida when he cut it The PRESIDING OFFICER. The event of the last 48 hours in which this
down to five-sevenths of what he want- Democratic whip is recognized. young soldier was rescued and returned
ed, and we fund it after the balance of Mr. REID. Mr. President, we all know safely to her unit and will be, ulti-
this year. the President pro tempore of the Sen- mately, to her family.
PFC JESSICA LYNCH ate, the manager of this bill, is one of As the first Democratic woman to
This gets to the point where I would the great legislators in the history of ever serve on the Armed Services Com-
like to talk about something else for a this body. We also believe we have been mittee in the Senate, following in the
minute. I mentioned before today that acting responsibly on this side of the footsteps of Margaret Chase Smith; the
I read in this morning’s paper the tre- aisle during the last 2 days. We have Senators from Maine, Ms. SNOWE and
mendous story of one of our brave been admonished for 2 weeks now by Ms. COLLINS, I am particularly appre-
young soldiers, PFC Jessica Lynch. I the Democratic leader that we must ciative of the support of the Senator
asked my staff to look up more about finish the bill this week. from Alaska and other members who
her. We have tried to be responsible with have, year after year, argued—and I
As we all know from reading the pa- the amendments we have offered. We think successfully, as the record will
pers, she is 19 years old. She is a supply have negotiated with the Senator from show—that women can most certainly
clerk with the Army’s 507th Ordnance Alaska and his staff in good faith, and make extraordinary contributions to
Maintenance Company supporting the we have been able to work out some the strength of our military in many
3rd Infantry Division advancing toward very big amendments, I think, to the different ways. We have all been proud
Baghdad. I am sure Senator BYRD betterment of this country. as we have watched the level of con-
knows that PFC Lynch is from Pal- We have not tried in any way to alter tribution grow over time and, most
estine, WV. I know he joins me in rec- the financial package that is going to certainly as this war unfolds before our
ognizing this brave young woman. the President that relates to the mili- eyes, we are reminded again of the con-
I remember so well standing on the tary. I have told the Senator from tinued bravery and skill and expertise
floor of the Senate years ago, when we Alaska, and anyone else who would lis- of the women who are serving at the
had the draft, urging that we extend ten, that I am grateful he was able to highest levels of our military and chal-
the draft so it covered everybody who put in the bill something that will help lenging the notions that women can
was 19, male and female. That was de- bolster the airline industry in this serve but not on the front lines, or
feated. People thought that young country, which badly needs help. women can serve but not in this capac-
women should not be in combat at all. But we also believe on this side of the ity, that women can serve but not here.
This young woman shows what happens aisle—and I personally support all $9 I think those glass ceilings are shat-
when a brave, young American woman billion that the President has put in tering, and women are showing them-
is in combat. this bill for foreign aid—that if we can selves to be, as we all know, the brave
She was taken captive, as we all get $9 billion for foreign aid, we can re- and courageous individuals who help us
know, by Iraqi forces on March 23, examine what is being done for home- strengthen our military and strengthen
after her company was ambushed near land security, and that is in effect every aspect of our national life.
the southern city of Nasiriyah. She was what we are doing—reexamining what I thank the Senator for his com-
rescued Tuesday from an Iraqi hospital is taking place in the bill relating to ments and for his leadership and add
after 8 days in captivity. It was obvious homeland security. my own voice to the progress we are
that the hotel had been used as a mili- So the Democratic leader and all the making on that issue.
tary command post. She suffered two Senators on this side of the aisle are AMENDMENT NO. 504
broken legs, a broken arm, and at least committed to finishing the bill to- Ms. LANDRIEU. Mr. President, I
one gunshot wound during her ordeal. night. We understand the importance send an amendment to the desk and
They found her at her position and the of it. Nobody should criticize any of ask for its immediate consideration
magazine on her gun was empty. Most the amendments that we have filed. and a vote on it at whatever time the
of the people in her detail had been They have been responsible, targeted, managers believe will be convenient.
killed. She survived. and they are not political in nature. The PRESIDING OFFICER. Is there
I think this is a tremendous example They are responsible in nature. objection to laying aside the pending
of the young people who are involved in Before I yield the floor, the Senator amendment?
this war. She is the first POW to be from Mississippi is here. It is my un- Without objection, it is so ordered.
rescued since World War II, Mr. Presi- derstanding that we are going to have The clerk will report.
dent. I believe it is something I would a vote in about 7 minutes. The Senator The legislative clerk read as follows:
like the Senate to think about for a from Louisiana has an amendment to The Senator from Louisiana [Ms.
moment. We commend the outstanding offer that has been worked out on the LANDRIEU], for herself and Ms. MIKULSKI,
work of our Special Forces and the other side. I think it would be to every- proposes an amendment numbered 504.
other units involved in the joint oper- one’s advantage that we go to her until Ms. LANDRIEU. Mr. President, I ask
ation, including Marines and Army the vote. There will not be a vote re- unanimous consent that the reading of
Rangers, who rescued this young quired on her amendment. the amendment be dispensed with.
woman. I think their efforts are a dem- Mr. COCHRAN. Mr. President, I don’t The PRESIDING OFFICER. Without
onstration of our military’s commit- have first-hand knowledge of the agree- objection, it is so ordered.
ment to never leave a soldier behind. ment with respect to the Senator’s The amendment is as follows:
We have invested a great deal in the amendment. I assume this is the Mer- (Purpose: To make applicable provisions of
Special Forces. Just recently, I flew to chant Marine amendment. law requiring the use of privately owned
Tampa and visited with Special Forces Ms. LANDRIEU. Yes. United States flag commercial vessels for
Command. We will continue to rely on Mr. COCHRAN. I have no objection to the transportation of U.S. Aid and other
their expertise. This recent success is her proceeding until we vote at 4:45. materials)
proof that our investment is paying The PRESIDING OFFICER. The Sen- At the end of chapter 2 of title I, add the
dividends in saving American lives, and ator from Louisiana. following:
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S4776 CONGRESSIONAL RECORD — SENATE April 3, 2003
SEC. 210. No provision of this Act may be In additional support of this amend- Mr. STEVENS. I move to lay that
construed as altering or amending the force ment, it does not cost anything. I know motion on the table.
or effect of any of the following provisions of there are Members who say every The motion to lay on the table was
law:
(1) Sections 2631 and 2531a of title 10, amendment that has come to the floor agreed to.
United States Code. has added money to the bill. This does The PRESIDING OFFICER (Mr.
(2) Sections 901(b) and 901b of the Merchant not add any money to the bill. It is not CORNYN). The majority leader.
Marine Act, 1936 (46 U.S.C. App. 1241(b), offered to attempt to slow down the Mr. FRIST. Mr. President, it is 5:20
1241f). bill. It is simply offered to make sure now, and I want to update Members
(3) Public Resolution Numbered 17, Sev- that our merchant marines and the where we are pending the supplemental
enty-third Congress (48 Stat. 500).
(4) Any other similar provision of law re- laws governing flags, the vessels, and appropriations bill.
quiring the use of privately owned United the crews of the ships that will be car- The chairman has been here through-
States flag commercial vessels for certain rying a lot of this cargo follow the law out the day working on amendments.
transportation purposes of the United as it is today and only grant the waiver We have made outstanding progress, if
States. to the President and give him broad you take yesterday and today. We have
Ms. LANDRIEU. Mr. President, I un- flexibility under certain guidelines un- had some amendments agreed to by
derstand this amendment has been less there is an emergency or cost is in- voice vote. Some have been withdrawn
agreed to on both sides. I brought this volved. and, as you know, we have had a num-
issue up in committee and was asked At the appropriate time, I will ask ber of rollcall votes.
specifically by the leadership to wait for a vote. I do want to ask our Members, as
until the bill was before the Senate to Mr. STEVENS. Regular order. much as possible, to show restraint and
discuss it. I understand the amendment AMENDMENT NO. 494 not feel compelled to offer every single
has already been worked out. The PRESIDING OFFICER. The reg- amendment. I believe every Member in
It is an amendment that merely re- ular order is the vote on the motion to this body does understand the urgency,
states current law regarding the mer- table the Breaux amendment No. 494. that it is absolutely imperative we pass
chant marines. There is in this bill a Mr. COCHRAN. The yeas and nays this bill. It is an emergency bill. It is
very broad waiver that the President have been ordered, I think, Mr. Presi- an emergency supplemental bill. We
may furnish assistance under this dent. need to do it in a responsible way. And
heading, notwithstanding any provi- The PRESIDING OFFICER. The yeas we need to do it expeditiously.
sion of law, dealing with provision of and nays have been ordered. The ques- I once again ask for the cooperation
aid, cargo, and supplies that we are tion is on agreeing to the motion to of all Members in allowing us to move
sending to Iraq. I do not think it is the table amendment No. 494. The clerk forward on this bill, which we will do,
intention of the President to use this will call the roll. so we can keep moving in a progres-
broad waiver to diminish or to cir- The legislative clerk called the roll. sively advancing way and finish this
cumvent current law regarding the Mr. REID. I announce that the Sen- bill this evening.
merchant marines which would, of ator from Hawaii (Mr. INOUYE) and the We are going to stay in session until
course, have the effect of giving a pref- Senator from Massachusetts (Mr. we finish this bill tonight. We will stay
erence, and rightly so, to vessels sail- KERRY) are necessarily absent. in as late as it takes to get this bill
ing under the American flag with I further announce that if present through to final passage. I hope it will
American crews. and voting, the Senator from Massa- not necessitate being here for hours
As you understand and as the Senate chusetts (Mr. KERRY) would vote ‘‘no.’’ and hours and hours, but it means we,
is well aware, in the drafting of this The result was announced—yeas 52, as a body, must look at the individual
amendment, there is an exception in nays 46, as follows: amendments, come forward with some
the event of an emergency; there is an [Rollcall Vote No. 119 Leg.] restraint, and understand the impor-
exception in the event that the par- YEAS—52 tance of finishing this bill in a respon-
ticular cargo could be shipped at a less Alexander Dole Miller sible but expeditious way.
expensive price if the rates are not Allard Domenici Murkowski I do want to be clear that Senators
Allen Ensign Nickles
competitive. All four sections of the Bennett Enzi should be prepared to be here until we
Roberts
law that we cite in our amendment Bond Fitzgerald Santorum have final passage sometime tonight.
have national security waivers. Brownback Frist Sessions The PRESIDING OFFICER. The Sen-
Bunning Graham (SC) ator from Alaska.
The cargo preference is only 50 per- Burns Grassley
Shelby
cent, which gives the President the Smith Mr. STEVENS. Mr. President, we
Campbell Gregg
Snowe
flexibility he needs in the event that a Chafee Hagel have asked Members to stay who have
Specter
foreign carrier is necessary, and with Chambliss Hatch amendments they might wish to con-
Cochran Stevens
Hutchison
DOD cargo, the President can also look Coleman Inhofe Sununu sider. If the Senator from Nevada is
at cost, as I said, to ensure that fair Collins Kyl Talent prepared, we could go through some of
and reasonable rates are being charged. Cornyn Lott Thomas those and see what the time con-
Craig Lugar Voinovich
I hope this amendment that Senator Warner
straints may be in getting the bill fin-
Crapo McCain
MIKULSKI and I offer for the consider- DeWine McConnell ished tonight.
ation of the Senate will be accepted. It Mr. REID. Mr. President, I am in the
NAYS—46
is very important for many reasons to process of working. During the vote, I
support our merchant marines, par- Akaka Dorgan Lieberman was not able to contact everyone. If we
Baucus Durbin Lincoln
ticularly at a time when American tax- Bayh Edwards Mikulski could go to the next amendment, it
payers have really stepped up to the Biden Feingold Murray would be better in a few minutes from
plate in their support of this war effort Bingaman Feinstein Nelson (FL) now.
Boxer Graham (FL) Nelson (NE)
and will pick up a huge share of the re- Breaux Harkin
We have been able to work quite well
Pryor
construction of Iraq. It only makes Byrd Hollings with Members who have offered amend-
Reed
sense that we also extend and restate Cantwell Jeffords
Reid ments, amendments that others have
in this supplemental appropriations Carper Johnson offered. We still have a number of
Rockefeller
Clinton Kennedy
our intention not to waive, unless ab- Conrad Kohl
Sarbanes amendments Senators want to offer. I
solutely necessary, the current law re- Corzine Landrieu Schumer could go over those now if the Senator
Daschle Lautenberg Stabenow
garding cargo shipments in this time of Wyden
wanted. We are down to about half a
Dayton Leahy
war and also post conflict. Dodd Levin
dozen amendments over here.
At the appropriate time, I will ask Mr. STEVENS. I suggest the absence
for either a vote or the proper disposi- NOT VOTING—2 of a quorum.
tion of this amendment. It is very im- Inouye Kerry The PRESIDING OFFICER. The
portant to many Members of the Sen- The motion was agreed to. clerk will call the roll.
ate but is something that can be sup- Mr. COCHRAN. I move to reconsider The legislative clerk proceeded to
ported in a bipartisan way. the vote. call the roll.
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4777
Mr. REID. Mr. President, I ask unan- FEDERAL LAW ENFORCEMENT TRAINING mittees on Appropriations of the House of
imous consent that the order for the CENTER Representatives and Senate on the use of
quorum call be rescinded. SALARIES AND EXPENSES funds under this heading, beginning not later
than June 2, 2003: Provided Further: That of
The PRESIDING OFFICER. Without For an additional amount for ‘‘Salaries
and Expenses’’, $5,000,000, to remain avail- the total amount provided, $10,000,000, is pro-
objection, it is so ordered. vided under this heading which shall be
Mr. REID. I have spoken to the man- able until December 31, 2003 for personnel,
transferred to, and merged with, funds in the
ager of the bill. The ranking member of equipment and support for increased training
‘‘Operation of the National Park System’’
requirements for Federal and State and local
the Appropriations Committee has an appropriations account within the National
law enforcement personnel.
amendment to offer. He has agreed to Park Service in the Department of the Inte-
OFFICE FOR DOMESTIC PREPAREDNESS rior within thirty days of enactment of this
have a time agreement. Would 30 min-
For additional amounts for ‘‘Office for Do- Act, for expenses related to enhanced secu-
utes equally divided be appropriate or
mestic Preparedness,’’ $300,000,000, to remain rity at nationally significant facilities.
40 minutes equally divided? available until December 31, 2003, of which
Mr. BYRD. Forty. Mr. REID. Mr. President, if I could
$100,000,000 shall be for ‘‘Emergency Manage-
Mr. REID. I ask unanimous consent direct a question to the Senator from
ment Planning and Assistance,’’ to improve
that the Senator from West Virginia be communications within and among first re- West Virginia, I forgot that the Sen-
allowed to proceed with his amendment sponders including law enforcement, fire- ator from Louisiana has been here all
and that there be 40 minutes equally fighters, and emergency medical services day. She has 5 minutes on an amend-
divided in the usual form. personnel, and $200,000,000 shall be for grants ment that is agreed upon. There would
The PRESIDING OFFICER. Without to high threat urban areas, which should be be no vote on it. I apologize because it
objection, it is so ordered. identified by criteria that include credible is my fault totally. Would the Senator
threat, vulnerability, the presence of infra- from West Virginia allow the Senator
AMENDMENT NO. 508
structure of national importance, popu- from Louisiana to proceed for up to 4
Mr. BYRD. Mr. President, I send to lation, and needs of public safety organiza-
the desk an amendment. minutes?
tions.
The PRESIDING OFFICER. Without Mr. BYRD. Absolutely.
UNITED STATES COAST GUARD Mr. REID. I ask unanimous consent
objection, the pending amendment is OPERATING EXPENSES
set aside. The clerk will report. that the Byrd amendment be tempo-
For an additional amount for ‘‘Operating rarily set aside and that the Senator
The legislative clerk read as follows: Expenses’’, $73,000,000, to remain available
The Senator from West Virginia [Mr.
from Louisiana be allowed to offer her
until December 31, 2003, of which not less amendment and to speak up to 4 min-
BYRD] proposes an amendment numbered 508. than $42,000,000 shall be for Port Security As-
sessments and the Port Security Assessment
utes and then we would return to the
Mr. BYRD. Mr. President, I ask unan-
Program, and not less than $7,000,000 shall be Byrd amendment.
imous consent that reading of the The PRESIDING OFFICER. Without
amendment be dispensed with. for the purchase of radiation detection
equipment, and not less than $24,000,000 shall objection, it is so ordered.
The PRESIDING OFFICER. Without The Senator from Louisiana.
be for the establishment of Maritime Safety
objection, it is so ordered. and Security Teams. AMENDMENT NO. 504, AS MODIFIED
The amendment is as follows:
ACQUISITION, CONSTRUCTION AND Ms. LANDRIEU. Mr. President, I
(Purpose: To protect the prerogatives of the IMPROVEMENTS send my amendment to the desk with a
Congress in the allocation of homeland se-
curity funding)
For an additional amount for ‘‘Acquisition, modification suggested by Senator
Construction and Improvements’’, $40,000,000, STEVENS.
On page 36, Line 9, strike all through the to remain available until December 31, 2003,
‘‘.’’ on page 36, line 25 and insert the fol-
The PRESIDING OFFICER. Without
to implement the Automated Identification objection, the amendment is so modi-
lowing: System and other tracking systems designed
BORDER AND TRANSPORTATION SECURITY fied.
to actively track and monitor vessels oper-
The amendment (No. 504), as modi-
CUSTOMS AND BORDER PROTECTION ating in United States waters.
fied, is as follows:
For an additional amount for ‘‘Customs DEPARTMENTAL MANAGEMENT
At the end of chapter 2 of title I, add the
and Border Protection’’, $160,000,000, to re- COUNTERTERRORISM FUND
following:
main available until December 31, 2003, of For an additional amount for the SEC. 210. No provision of this Act may be
which not less than $35,000,000 shall be for ‘‘Counterterrorism Fund,’’ for necessary ex- construed as altering or amending the force
the Container Security Initiative and not penses as determined by the Secretary of or effect of any of the following provisions of
less than $125,000,000, shall be for radiation Homeland Security, $105,000,000, to remain law as currently applied:
portal monitors and other forms of non-in- available until December 31, 2003, to reim- (1) Sections 2631 and 2631a of title 10,
trusive inspection equipment to be deployed burse any Department of Homeland Security United States Code.
at the Nation’s ports-of-entry. organization for the costs of providing sup- (2) Sections 901(b) and 901b of the Merchant
TRANSPORTATION SECURITY ADMINISTRATION port to prevent, counter, investigate, re- Marine Act, 1936 (46 U.S.C. App. 1241(b),
For additional amounts for necessary ex- spond to, or prosecute unexpected threats or 1241f).
penses of the Transportation Security Ad- acts of terrorism: Provided, That the Sec- (3) Public Resolution Numbered 17, Sev-
ministration related to transportation secu- retary shall notify the Committees on Ap- enty-third Congress (48 Stat. 500).
rity services pursuant to Public Law 107–71 propriations of the Senate and House of Rep- (4) Any other similar provision of law re-
and Public Law 107–296 and for other pur- resentatives 15 days prior to the obligation quiring the use of privately owned United
poses, $452,000,000, to remain available until of any amount of these funds: Provided Fur- States flag commercial vessels for certain
December 31, 2003, of which not less than ther: That of the total amount provided, transportation purposes of the United
$50,000,000 shall be available for grants to $20,000,000, is provided under this heading States.
public transit agencies in urbanized areas for which shall be transferred to, and merged Ms. LANDRIEU. I thank the Senator
enhancing the security of transit facilities with, funds in the ‘‘Federal payment for from West Virginia for yielding for a
against chemical, biological and other ter- emergency planning and security costs in few moments because I understand this
rorist threats, not less than $147,000,000 shall the District of Columbia’’ appropriations ac- amendment has been worked out.
be for shortfalls pursuant to Public Law 108– count within thirty days of enactment of This amendment simply clarifies the
10, including port security grants, nuclear this Act, for a Federal payment to the Dis-
underlying bill. It doesn’t add a penny
detection and monitoring equipment, and trict of Columbia for critical infrastructure
truck and intercity bus grants not less than protection, for security upgrades and backup to the bill. It seeks to clarify the waiv-
$55,000,000 shall be for installation design, in- operations of transportation, emergency re- er given to the President that will mir-
stallation, and FAA certification of a system sponse, energy, and communications infra- ror the current law regarding U.S. flag-
to defend commercial airliners against port- structure in the District of Columbia, pro- ships. It doesn’t add any new legisla-
able, infrared, heat-seeking missiles, not less vided that the Mayor and the Chairman of tion to the law. It simply clarifies the
than $100,000,000 shall be for port security the Council of the District of Columbia shall, general waiver provisions in the sup-
grants for the purpose of implementing the in consultation with the governments in the plemental provision, that the same law
provisions of the Maritime Transportation National Capital region, submit a financial
in effect today will remain in effect for
Security Act, and not less than $100,000,000 plan to the Committees on Appropriations of
shall be for railroad security grants includ- the House of Representatives and Senate for the Military Cargo Preference Act. I
ing grants to the National Railroad Pas- approval not later than 30 days after enact- understand it has been agreed to. I sub-
senger Corporation for capital expenses asso- ment of this act, and provided that the Chief mit the amendment for consideration.
ciated with tunnel and dispatch facility se- Financial Officer of the District of Columbia The PRESIDING OFFICER. The Sen-
curity enhancements. shall provide quarterly reports to the Com- ator from West Virginia is recognized.
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S4778 CONGRESSIONAL RECORD — SENATE April 3, 2003
AMENDMENT NO. 508 grants of new authority requested by which I offered together with Senator
Mr. BYRD. Mr. President, I sent to this administration, while still pro- HOLLINGS, allocates the $1.135 billion
the desk an amendment and I asked viding some very limited flexibility contained in the committee bill for
unanimous consent that further read- where appropriate. specific programs.
ing be dispensed with, which was grant- However, with regard to this More than $365 million would fund
ed. unallocated fund for the Secretary of critical improvements at our seaports.
The PRESIDING OFFICER. The Sen- Homeland Security, we have not ade- Six million containers enter into the
ator is correct. quately protected the prerogatives of United States each year through our
Mr. BYRD. Mr. President, I ask unan- the Congress, nor have we done enough ports and very little is known about
imous consent that Mr. HOLLINGS be to protect our homeland. Time and the contents of these containers or
made a cosponsor. again, the White House has argued that their shippers. There is no national
The PRESIDING OFFICER. Without funding for securing our homeland can system in place to track who is work-
objection, it is so ordered. wait. When the Senate debated legisla- ing within our own ports. This funding
Mr. BYRD. Mr. President, on March tion to increase funding for homeland would begin to develop that system.
25, 2003, the President sent to Congress security just 2 months after the Sep- The amendment would also pay for
a $74.7 billion supplemental appropria- tember 11 attacks, we tried to add the installation of monitors at seaports
tions request for ‘‘urgent and essential money for homeland security, but the to detect radiological, nuclear, chem-
requirements’’ for the costs of Oper- President said let’s wait—let’s wait ical, biological substances, and weap-
ation Iraqi Freedom and for the global until 2002. Then, in 2002, the Congress ons of mass destruction, without dis-
war on terrorism. In his request, the approved a $2.5 billion supplemental for turbing cargo. Additional equipment
President sought an unprecedented first responders, for port security, bor- would expedite the inspection process.
level of flexibility in the use of those der security, aviation security, and nu- At the same time, we invest in port se-
funds. This request was not only for clear security, and the President re- curity teams and in other quick-re-
the Secretary of Defense for the pros- fused to spend it. He claimed that sponse efforts should a terrorist strike
ecution of the war in Iraq but also for homeland security could wait until at one of the Nation’s seaports. We pro-
the Secretary of Homeland Security 2003. Now it is 2003 and Senators on the vide $150 million for mass transit and
and for the Attorney General. other side of the aisle—some of them— rail security. Transit systems through-
While I understand the unique cir- are saying we are half way through the out the world have historically been a
cumstance in which the Nation finds fiscal year; so let’s wait until 2004. top transportation target of terrorists.
itself, the situation is not entirely Well, I must ask the Senate, in the They are, by their nature, open sys-
without precedent. We have been at name of the people whom we represent, tems used by a vast number of people
war before. We have faced earthquakes when will it be time to invest in secur- and are very vulnerable to attack.
and we have faced floods before. We ing our homeland? How much longer With the exception of the Metro in
have faced economic crises before. But must we wait? the District of Columbia region, no
the need to confront a crisis in a The President proposes to put more money to date has been provided to our
thoughtful or nimble way does not than $1 billion in a fund for homeland Nation’s transit system to enhance se-
mandate that the Congress allow the security, but he does not tell us what curity and reduce the vulnerability of
executive branch to usurp its constitu- the money will be used for. He does not these systems.
tional duties. tell us which agencies have requested Under the amendment, the Transpor-
The Constitution grants to the Con- funding. He provides us with no evalua- tation Security Administration will re-
gress the authority to appropriate tions of those requests. He does not tell ceive $147 million for aviation security,
funds and the responsibility to use that us when the money will be spent. For while $55 million is directed toward the
authority to make careful choices. Yet all we know, he may take the rest of effort to find ways to protect commer-
the President has asked the Congress this year to decide how the money will cial airplanes from missile attack.
Another key part of this amendment
to hand over its responsibility to the be spent so that he can reduce his
is the $100 million directed toward
executive branch. The bill that is be- spending request for fiscal year 2004.
interoperable communications equip-
fore the Senate includes $1.135 billion But who knows, he may just tell us
ment for police and fire departments.
to be parceled out by the Secretary of that homeland security spending can First responders need equipment that
Homeland Security for whatever pur- wait until 2005. allows them to communicate with each
pose he believes is most appropriate. How can I reconcile this desire to
other regardless of the team, the
So will he use that authority to sup- wait, wait, wait, with the fact that the
squadron, or the department to which
port the Coast Guard? Will he use that Secretary of Homeland Security has
they belong.
authority for border security or for said that more terrorist attacks are in- Finally, there is funding totaling $75
port security? Will he give the money evitable and the threat of further at- million for the Secretary of Homeland
to States or to localities? Will he give tacks is a long-term threat to our Na- Security to use for responding to unan-
it to first responders—police, fire, or tion? I simply cannot reconcile his ticipated problems. The Secretary
emergency medical personnel in our statements with the policies of this ad- could draw on this fund by notifying
communities? Or will he use it to build ministration. This threat of terrorist the Congress 15 days in advance of
up a new bureaucracy? attack will not end at the end of this spending the money. Mind you, this is
These are questions to which Con- war. no small sum. This is $75 million.
gress should be seeking the answers. So today, here is an amendment that This Congress can make intelligent
Congress itself must guard its preroga- does not add one thin dime to the bill. choices and this Congress should make
tive and resist succumbing to expedi- Instead, this amendment does what the intelligent choices about how to use
ency and to political partisanship. Constitution—which we all swore to the taxpayers’ dollars. We should not
While I fully support the funding in support and defend—compels us to do. abrogate that responsibility by hand-
this legislation for the men and the This amendment makes choices. Last ing it off to unelected officials in
women who are engaged in battle in year, the Senate Appropriations Com- Washington.
Iraq, I do not support additional grants mittee held 5 days of bipartisan hear- I urge Members to support this
of authority to this administration, or ings on homeland security. It was an amendment. Mr. President, I reserve
to any other administration, that excellent series of hearings where we the remainder of my time.
would infringe upon the congressional heard from Governors, mayors, first re- The PRESIDING OFFICER. Who
power of the purse. sponders, six cabinet officers, the At- yields time? The Senator from Mis-
Senator STEVENS and I, together with torney General, and the Administrator sissippi.
the subcommittee chairmen and rank- of FEMA. In those hearings, we identi- Mr. COCHRAN. Mr. President, I yield
ing members, have worked, in most fied numerous gaps in our security. myself such time as I may consume
cases, to improve the President’s sup- Based on those hearings and numerous under the order.
plemental budget request. We have reports, such as the nonpartisan Rud- The PRESIDING OFFICER. The Sen-
eliminated or reduced the sweeping man-Hart report, my amendment, ator is recognized.
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4779
Mr. COCHRAN. Mr. President, this lion recommended separately in the I urge the Senate to reject the
amendment is a modified version of the bill for the Office for Domestic Pre- amendment.
amendment the Senate just acted on a paredness. Listen to this: For the Coast The PRESIDING OFFICER. Who
little while ago offered by the Senator Guard, it adds an additional $73 mil- yields time?
from Louisiana, Mr. BREAUX. That lion. This is on top of $580 million pro- Mr. HOLLINGS. Will the Senator
amendment was tabled by the Senate. vided separately in this bill for the yield me 3 minutes?
This amendment would strike the ap- Coast Guard costs related to Operation Mr. BYRD. How much time do I
propriations provided in the committee Iraqi Freedom and Operation Liberty have?
bill of $1.135 billion for the Department Shield. Of that amount, $42 million is The PRESIDING OFFICER. Ten min-
of Homeland Security for port security assessments, when the utes.
highest estimate we know of to com- Mr. BYRD. I yield.
Counterterrorism Fund and replace it
plete this is $37.8 million. Another $7 Mr. HOLLINGS. There is no one I ad-
with specific supplemental appropria-
million is for the purchase of radiation mire more than my distinguished col-
tions for various Department of Home-
detection equipment which is currently league from Mississippi, Senator COCH-
land Security accounts. It includes a RAN, but he is off base. The father of
number of specific earmarks and pro- under study. Specifically, the Coast
Guard is studying what the cost to pur- homeland security studied it way bet-
posals that have been included in other ter than Governor Ridge. We have been
amendments that have been offered to chase this equipment will be. So it is
difficult to determine the funding re- holding the hearings on all of these
this bill but have been either tabled or things, and you can see they have no
defeated. quired until that study is complete.
Further, the amendment proposes $40 idea what is going on in that so-called
These additional amounts have no di-
million in supplemental funds to im- Department of Homeland Security.
rect relationship to additional costs We brought the Attorney General up,
borne by the agencies as a result of plement the Automated Identification
System and other tracking systems and he said: Well, the Office of Domes-
heightened security related to the Iraqi tic Preparedness is transferred over.
war as part of Operation Liberty when only $4 million is proposed for fis-
cal year 2004. Then you go, by gosh, to the homeland
Shield. security people, and you cannot find
Think about that: This supplemental
For example, this amendment pro-
amendment proposes $40 million in sup- the money.
poses to add an additional $160 million What the ranking member for home-
plemental funds for something when
for the Customs and Border Protection land security is doing is bringing to-
only $4 million is proposed for fiscal
account. Of this amount, $35 million is gether all the chaos. We are the ones
year 2004.
proposed for the Container Security Finally, it proposes $105 million for having the Coast Guard hearings for 30-
Initiative. That is nearly three times the Counterterrorism Fund and speci- some years up here. We are the ones
the fiscal year 2003 regular appropria- fies the transfer of these funds to other who have been handling the Office of
tions level of $12 million; and $125 mil- Federal agencies rather than proposing Domestic Preparedness. We are the
lion for radiation portal monitors and to appropriate these funds directly to ones who have been knowing the needs.
other equipment, over two times the those agencies—$20 million to the Dis- This does not add a red penny but
regular fiscal year 2003 appropriation trict of Columbia, $10 million to the says here is how these needs should be
level of $45.7 million. National Park Service. responded to and it is an emergency.
It does not seem to me to make good My position is the same on this I commend the distinguished Senator
sense to add these amounts of money amendment as it was on the Breaux from West Virginia for his particular
at this time to a supplemental of im- amendment which the Senate tabled. amendment. He is trying to do the
mediate need to pay costs related to We have carefully examined the pro- right thing. He is being charged with
the war and Operation Liberty Shield. posal from the administration for sup- doing the wrong thing. It is the same
We are 8 months into this fiscal year. plemental funding. The request was thing as the Breaux amendment.
The amendment proposes an additional submitted to our committee. We had I remember one time they told me I
$452 million in supplemental appropria- hearings. We had opportunities to talk had an impediment in my speech, and I
tions for the Transportation Security with the agencies that are going to be asked: What was that? They said: The
Administration. It includes $100 mil- spending these funds. We have made a trouble with you, Senator, is that you
lion for port security grants when the concerted effort to find out what the can’t listen.
fiscal year 2002 funds have not been needs are and to respond to those needs The trouble with my friends on the
completely awarded. Ninety million in this supplemental appropriations other side is they didn’t listen to the
dollars in 2002 funds have been re- bill. Breaux amendment.
warded, and $105 million in applica- We might be wrong, but we are cer- Now we are getting it clearer with
tions are being currently examined, tainly not coming in and disregarding the amendment of the Senator from
and there is another $150 million in 2003 the needs of the agencies and throwing West Virginia.
appropriations. money out here and pretending that is Mr. BYRD. I thank my friend from
It also includes the $55 million pro- going to solve all the problems at a South Carolina. He is a good listener.
posed by the amendment offered by the time when we are concerned about the As far as I am concerned, he does not
Senator from California, Mrs. BOXER, deficit, people are worried about our have any impediment in his speech.
which the Senate already tabled earlier economy, we are trying to be sure we The Constitution invests the power
today. This amendment being pre- do not make decisions that make it of the purse, the control of the purse,
sented to the Senate now is a proposal harder to create new jobs and return here, in Congress, section 9, article I, of
that we have already rejected. good health to the economy. the Constitution. The Constitution
The amendment proposes $5 million We are under a lot of pressure from does not say anything about letting
for the Federal Law Enforcement the added costs for the war in Iraq. We some bureaucrat downtown—we all ap-
Training Center. This is more than know that. We are under a lot of pres- preciate the fact we have to have bu-
double any supplemental funding re- sure for the added costs to defend our reaucrats, but nowhere do I swear it is
quirements identified to us by the cities and localities against terrorist important to defend the Department of
agency. We have asked the center what attacks. It is a big challenge to do Homeland Security when it comes to
they need to meet their responsibil- what is right and to make the best the allocation of the taxpayers’ money.
ities. We tried to find out what the re- judgments on these subjects. But I can We are doing what we ought to do
quirements are and to make this bill assure the Senate that a concerted ef- here. We are saying these funds are the
coincide with those requirements. We fort and a very thoughtful effort has taxpayers’ money; Congress shall de-
are not talking about a full fiscal year, gone into the development of the fund- termine how they will be spent. Why
we are talking about the balance of ing levels in the bill before the Senate. should we turn over $1.3 billion to a De-
this fiscal year, this supplemental ap- I am prepared to defend it and to not partment and say to that Department
propriations. apologize for the amounts we put in head: You take it? That Department
This amendment proposes an addi- here because it reflects a good-faith ef- head does not appear on the ballot any-
tional $300 million on top of the $2 bil- fort to do what is right. where. He may have in times past. He
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S4780 CONGRESSIONAL RECORD — SENATE April 3, 2003
was a good Governor, I suppose. I have It is a very narrow and limited area This is an effort to stand by our con-
a lot of respect for him. But nowhere that we are concentrating our atten- stitutional duties, to stand by the tax-
does he appear before the elected rep- tion on right now. Some of these pro- payers of the country who provide the
resentatives, before the electors in the grams are hard to estimate in terms of money. This is our responsibility. We
various States. And we do. We have a what is really needed for the remainder should say where these moneys will be
responsibility to say where this money of this fiscal year in addition to the spent, and we are doing that based on
will be spent. funds that have already been appro- the testimony that was given to the
We had hearings, as Senator HOL- priated in the regular appropriations Appropriations Committee last year.
LINGS has so ably pointed out. We had bills for the Department of Defense and That is where we are getting our infor-
extensive hearings. We had six Depart- Department of Homeland Security. mation.
ment heads, we had the Attorney Gen- But the President submitted this re- What is wrong with that? Why do
eral, we had the Director of Homeland quest, asked for the funds to finish out Senators want to quarrel with that? It
Security, we had mayors, we had Gov- this fiscal year. We know we can add is the responsibility of Senators, I say
ernors, we had local responders, we had funds and probably use them later on, to the distinguished Senator from
firemen, we had policemen, we had but this is not the last bill we will con- Texas who is in the Chair. He shares
emergency health personnel before the sider during this calendar year, that that responsibility with the Senator
Appropriations Committee. Those funds these Departments and these ac- from West Virginia and the Senator
hearings were well attended by Mem- tivities. We have the 2004 bill coming from North Carolina and the Senator
bers on both sides of the aisle. My dis- up after the supplemental appropria- from Mississippi. That is our responsi-
tinguished friend from Mississippi was tion. I ask Senators to take that into bility. Why do we want to hand it over
there. account. If we have underfunded any- to some bureaucrat who is not elected
We then reported out bills based on thing as a result of mistakes made, we by the people, who doesn’t have to
the hearings and the facts that were can make up those shortfalls in the stand before the bar of judgment as we
gleaned from those painstaking hear- year 2004, but right now this is what Senators do? Why do we want to hand
ings, and in a great way that work was the administration says they need. that over to the administration? Just
for naught. I am not the Secretary of the Depart- because the administration wants to
But here we are, we come back, and ment of Homeland Security. I have not have it?
we are trying to say yes, we will re- devoted all of my personal attention to This administration, time and time
spond, Mr. President. We will appro- that job as has Secretary Ridge. The again, has turned the back of its hand
priate this money, but we are not just President and his other staff members to Congress when Congress has made
going to turn over a blank check to the and the executive branch have. We appropriations for homeland security—
Department of Homeland Security. have to respect their right to partici- time and time again. We appropriated
That agency head—I have a lot of re- pate in this process. Just because we $2.5 billion last year, designated as an
spect for him, as I say, but he was not think we can improve upon what they emergency, and that money would be
allowed to come before our committee have suggested by adding funds to out there in the hands of the local re-
during those hearings. He was not al- these accounts—even funds that have sponders right today if this President
lowed by this President. This President been considered and rejected today by hadn’t turned the back of his hand on
said, no, no, Mr. Ridge shall not appear the Senate—let’s vote on it again. that and said: No, I refuse to attach my
before the Senate Appropriations Com- This amendment contains a lot of signature designating that as an emer-
mittee. things that have already been consid- gency.
Now are we willing to turn it over to ered today and rejected by this Senate. So, there you have it. That is talk
Mr. Ridge and say: Here it is, lock, So think about that, as well. versus action.
stock and barrel, the whole kit and ca- I don’t think I need to take up any Mr. President, I hope Senators will
boodle; you have it; we will spend it; more time. I am prepared to yield back support this amendment.
Read the Constitution once again if
we will set ourselves aside. I am not my time. I do yield back the time on
need be, but take my word for it, that
willing to do that, I say with great re- this side. When the Senator has used
is in the Constitution.
spect to my friend from Mississippi, all his time, it would be my intention I hope Senators will stand up for the
and he is my friend. We have a respon- to move to table the amendment. Constitution, stand up for the tax-
sibility to say where this money is Mr. BYRD. How much time remains?
payers. See, those taxpayers are look-
going to be spent, how it will be spent. The PRESIDING OFFICER. The Sen-
ing right at us through those elec-
We ought to live up to that responsi- ator from West Virginia has 41⁄2 min-
tronic lenses there. I say support this
bility. utes.
Mr. BYRD. Mr. President, my friend amendment.
I hope Senators vote for the amend- I yield the remainder of my time.
ment. from Mississippi says the folks down- Mr. COCHRAN. Mr. President, I move
The PRESIDING OFFICER. The Sen- town want to participate. They did not to table the amendment. I ask for the
ator from Mississippi. want to participate last year when we yeas and nays.
Mr. COCHRAN. Mr. President, it is asked the Secretary of Homeland Secu- The PRESIDING OFFICER. Is there a
with some trepidation that I oppose rity—who is now the Secretary of sufficient second? There is a sufficient
the amendment of the Senator from Homeland Security—to appear. The second.
West Virginia because I have enjoyed President did not want to participate The yeas and nays were ordered.
working with him on this committee then. The President said: No, he shall Mr. COCHRAN. I understand there
and in the Senate for a long time. not go up before that committee. are discussions with the acting leader
There may very well be provisions in So I say, Mr. President, once again, on the other side. Senator HOLLINGS
this amendment he offers that should this administration is simply asking has a sense-of-the-Senate amendment
be seriously considered for inclusion in for too much authority. They want to dealing with taxes that we could take
the fiscal year 2004 appropriations bill. participate? Well, this is not the first up now and have a debate on it and
Right now, we are having hearings in time administrations have wanted to have a vote in relation to that amend-
the various subcommittees of Appro- participate. Under this Constitution, ment that would follow immediately
priations looking at the budget re- Congress has the power to appropriate after the vote on the Byrd amendment.
quests for 2004. Every committee is in- funds. I say that Congress has not only I will be happy to yield to the Senator.
volved in that process, every sub- the right, it has the responsibility to Mr. REID. If the Senator will yield,
committee is involved in that process. state how those funds shall be spent. Senator STEVENS has indicated it has
But this is an appropriations bill that We should not turn over the whole kit been cleared by both leaders that we
is targeted to the needs that are aris- and caboodle to some unelected some- could have a vote around 6:30.
ing from Operation Iraqi Freedom and body down there, who will be the Sec- I ask unanimous consent, in keeping
Operation Liberty Shield, the functions retary of Homeland Security. We trans- with the remarks of the Senator from
of the Department of Defense and the fer our responsibilities, we hand off our Mississippi, that we have a vote in re-
Department of Homeland Security. duties when we do that. lation to the Byrd amendment at the
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4781
expiration of 20 minutes for the Sen- cerned about deficits, I can tell you tirely. As if that was not enough, tourism
ator from South Carolina, and 10 min- that. We spent a half trillion dollars and travel through Asia are now being hurt
utes for the Senator from Mississippi, last year we didn’t pay for. Under the by fears of the spread of the disease known
as severe acute respiratory syndrome, or
and that there be no second-degree President’s budget we just passed—an-
SARS.
amendments. Following that, there other half a trillion dollars in deficits In effect, President Bush is being forced to
would be a motion on or in relation to this year. And the President projects fight wars on two fronts. Anxieties about the
the Hollings amendment, there would to spend nearly $600 billion next year, war in Iraq have slowed the economy, with
be no second-degree amendments or- unpaid for. The particular budget we businesses still reluctant to invest in new
dered, and we would vote on that fol- just passed increases the debt, the na- factories or expand their work forces.
lowing the disposition of the Byrd tional debt, from approximately $6 tril- But a growing number of analysts are
amendment. lion to $12 trillion. We double the debt skeptical that the economy will snap back
quickly after the shooting subsides. The
The PRESIDING OFFICER. Is there in the next 10 years and we are going aftershocks of the stock market bubble still
objection? merrily along, not paying for anything. appear to inhibit investor confidence and
Mr. COCHRAN. That is satisfactory We all say the Pledge of Allegiance. corporate spending.
with this side. We run around with our flags in our la- ‘‘We have had three consecutive quarters
The PRESIDING OFFICER. It is so pels. We all have a moment of silence of below-trend growth,’’ said William C. Dud-
ordered. for the troops in Iraq. It is a sincere ley, chief United States economist at Gold-
The Senator from South Carolina. demonstration. But then you have to man Sachs. ‘‘To explain all that on the basis
Mr. HOLLINGS. Mr. President, I ask question the sincerity when we will not of the war in Iraq seems to be a stretch.’’
Initial data from retailers indicates that
unanimous consent the present amend- pay for anything. consumers slowed their spending noticeably
ment be set aside temporarily so I can We are sending that GI into Iraq, and in the first week of the war. But it remains
call this amendment up. we are saying we hope you don’t get unclear whether they will rush back into
The PRESIDING OFFICER. Without killed. And the reason we hope you stores when the war dies down.
objection, it is so ordered. don’t get killed is we want you to On Tuesday, Instinet Research’s survey of
AMENDMENT NO. 479 hurry back so we can give you the bill. chain stores found that sales dropped by 2.8
We aren’t going to pay for it. percent last week, compared with those in
Mr. HOLLINGS. I call up the amend- the week a year earlier, and that March sales
ment and ask the clerk to report the What we need, and Carl Rove has told
us, is a tax cut so we can get elected were off 1.5 percent.
sense of the Senate. A significant part of that decline stemmed
The PRESIDING OFFICER. The next year. We are not concerned about
from unusually bad winter weather, as well
clerk will report. the needs of the country. We are con- as the fact that the Easter weekend fell ear-
The assistant legislative clerk read cerned only about the needs of the lier last year.
as follows: campaign. I hope this sense-of-the-Sen- But consumer surveys suggest that Ameri-
ate amendment will engender support cans have curbed their urge to shop. The
The Senator from South Carolina [Mr.
for the troops. most recent poll by ABC News and Money
HOLLINGS] proposes an amendment numbered
The articles on the front page of the magazine, released on Tuesday, showed that
479.
business section of the New York consumer confidence remained near its low-
Mr. HOLLINGS. I ask unanimous est point in nine years.
Times today explain why this is nec-
consent the reading of the amendment In a poll by The New York Times and CBS
essary. News, taken from March 20 to 24, about 49
be dispensed with. I ask unanimous consent to print the
The PRESIDING OFFICER. Without percent of the respondents said the economy
two articles, ‘‘Sour Mood Pervades the was bad while 50 percent said it was good.
objection, it is so ordered. Economic Front,’’ and, ‘‘A Year-long Those attitudes constituted an improve-
The amendment is as follows: Decline in the Dollar Is Little Help in ment over the month before and may have
(Purpose: To instruct the President to sub- the U.S. Trade Gap.’’ reflected the initial surge of optimism that
mit a bill raising revenues to offset the There being no objection, the mate- the United States and Britain would defeat
costs of this supplemental appropriations Iraq within days.
rial was ordered to be printed in the
bill) In follow-up interviews today, at least
RECORD, as follows:
At the appropriate place, insert the fol- some participants had returned to their ear-
SOUR MOOD PERVADES THE ECONOMIC FRONT lier pessimism.
lowing:
(By Edmund L. Andrews) ‘‘I would not make any purchases at this
SEC. ll. SENSE OF THE SENATE ON PAYING THE
COSTS OF THE WAR WITH IRAQ. WASHINGTON, April 2.—While American op- time,’’ said Robert Micheo, a retired proba-
It is the sense of the Senate that— timism about the war in Iraq rose sharply tion officer in Los Angeles. ‘‘The economy is
(1) the President should submit a proposal today, American spirits about the economy going down day by day, and it’s going to get
to the Committee on Finance to raise suffi- are still being battered. worse.’’
cient revenues to offset the funds spent in Stock markets surged on hopes that Amer- Alan Greenspan, the Federal Reserve
this supplemental appropriations Act for the ican and British forces are closing in on vic- chairman, has continued to express a com-
war in Iraq; tory in Iraq, but the mood among business paratively sunny view that confidence will
(2) the President should submit this pro- executives and consumers is sour. revive as soon as the ‘‘geopolitical uncer-
Every survey of manufacturers over the tainties’’ abate.
posal not later than 60 days after the date of
last month has shown a sharp increase in But Fed officials say the uncertainties
enactment of this Act; and
pessimism as executives complain about about the economy are so numerous that
(3) if the President does not submit such a
slumping demand for their own goods and they cannot make any predictions. And the
proposal, the Committee on Finance should
higher prices for the materials they use to surveys of business sentiment by Fed re-
put forward its own proposal to offset the
make them. gional banks have been extremely gloomy.
funds spent in this supplemental appropria-
The Commerce Department reported today Earlier this week, the Philadelphia Fed’s
tions Act for the war in Iraq.
that factory orders dropped 1.5 percent in survey of manufacturers showed deterio-
Mr. HOLLINGS. Mr. President, right February, the steepest drop in five months. rating conditions in several areas. Compa-
to the point, the comment was made On Friday, economists predict, the govern- nies in the region reported that new orders
just a minute ago about taxes. I wish I ment will report that unemployment rose and hiring declined sharply in March and
could introduce a tax measure because again in March. that its broadest measure of manufacturing
Though the increase in joblessness is ex- conditions had plunged.
I introduced one way back in January
pected to be modest, the economy has al-
to pay for the war. The reason I rise ready shed more than 600,000 jobs since No-
now with a sense of the Senate is be- YEARLONG DECLINE IN DOLLAR IS LITTLE
vember and two million since President Bush HELP ON TRADE GAP
cause under the rules, any revenue took office.
measure should arise in the House of Consumers, whether because of anxiety (By Daniel Altman)
Representatives. So I am asking that about the war or because they have been pre- For many economists, the dollar’s jagged
we have at least a sense of the Senate occupied with the television coverage, have yearlong slide is just a side effect of an inev-
slowed their spending. Car sales declined last itable contraction in the nation’s huge trade
to break this syndrome of not paying
month, airline travel has dropped and retail- deficit. But current economic and political
for anything. ers have reduced their expectations of conditions are making the process more per-
A minute ago our distinguished col- growth for the year. ilous than it might otherwise have been.
league handling the bill said, ‘‘We are The trend is even worse in Europe and Recently, the dollar’s exchange rates have
concerned.’’ They are not a bit con- Japan, where growth has almost stalled en- bounced up and down with news from the
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S4782 CONGRESSIONAL RECORD — SENATE April 3, 2003
Iraq war: late yesterday, on news of Amer- the United States has slowed. The euro zone ported that new orders and hiring declined
ican military progress toward Baghdad, it has outpaced the United States as a target sharply in March, and that its broadest
reached 118.98 yen, up 0.76 percent from Tues- for foreign direct investment for six consecu- measure of manufacturing conditions had
day. But the dollar’s overall trend in the last tive quarters, according to figures compiled plunged.
year has been distinctly downward. Weighted by Morgan Stanley. There is also the statement that we
by the volumes of trade with other countries All American companies, exporters or not,
and adjusted for inflation, an average of the
have lost 600,000 jobs since November.
could suffer if foreign capital being pulled
rates dropped 4.4 percent from March 2002 to out of United States investments is not re- On Tuesday, a closely watched index of
last month. placed by domestic savings. Though house- manufacturing activity by the Institute of
A deeper decline could be on the way, hold savings rose to about $330 billion last Supply Management . . . [f]or the first time
though. The run-up to the war in Iraq hurt year from $200 billion in 2001, the budget def- in five months . . . suggested that factories
the American economy, and fears of similar icit of $158 billion cut the nation’s total sav- were contracting rather than expanding.
conflicts to follow could deter foreigners ings in half. This year, the overall deficit Then, Mr. President, jumping right
from holding dollar-denominated securities. will probably be $250 billion to $300 billion, to that next article, because you can
With less demand for the securities, there according to the latest estimates from the
would be less need for dollars.
see we have always depended on the
Congressional Budget Office. foreigners to pay for our debt—they
‘‘Perceptions are very important,’’ said With national savings near zero, almost all
Kermit L. Schoenholtz, chief economist of new investment by American businesses have been carrying over a third of our
Salomon Smith Barney. ‘‘If people believe would essentially be financed with foreign debts—I quote, again:
that the events we’ve seen in Iraq are not money. ‘‘The only way we can grow is to get Last month, according to a report by Mor-
one-off events, it will affect their invest- capital from abroad,’’ said Stephen S. Roach, gan Stanley, foreign investors’ demand for
ments.’’ chief economist of Morgan Stanley. ‘‘What Treasury securities suddenly slackened.
The falling dollar has helped some Amer-
we’re seeing now are some early warning They stopped buying that debt. I tell
ican companies to increase their exports, but
signs of how this will play out over the next you, this is very dangerous to us be-
not enough to counteract the effects of a
several years.’’
middling global economy.
The Treasury also needs foreigners to re- cause we are going to have to increase
‘‘It’s only offset part of it,’’ said Frank the interest rates, when deficits mat-
Mendizabal, a spokesman for Weyerhaeuser, main interested in dollar-denominated secu-
rities. According to estimates by the Bond ter, according to Alan Greenspan. All
the paper and building materials maker. The
company exported 18 percent of its sales last Market Association, a trade group, for- my colleagues want to object, and they
year, and the weaker dollar helped it com- eigners hold about 35 percent of the Nation’s run around with the litany that: We
pete with producers in Latin America and outstanding debt. The Treasury’s borrowing are worried about deficits.
Asia. But factors like a stagnant housing requirements seem likely to balloon as re- The truth is, we are not worried
market in Japan still restrained demand, Mr. sult of the Iraq war, the sluggish economy about deficits. This $80 billion bill be-
Mendizabal said. and President Bush’s tax cuts. If demand for
that debt falls at the same time, interest
fore us—there is no money for it. We
Several forces may be combining to dull
rates could rise. are going to borrow to support the
the effect of the exchange rate on exports.
Mr. Schoenholtz said that weakness of in- ‘‘We’re asking the world to give us too troops, and then want the troops to
comes and demand abroad was ‘‘a very sig- much of their surplus savings,’’ Mr. Roach come back and let them pay for it.
nificant portion of the reason’’ why the def- said. ‘‘That’s just not a sustainable way to Let me read some more:
icit in international transactions had not run the economy, period.’’ In addition to the changes in portfolios,
narrowed more. Heightened world competi- Mr. Schoenholtz says he thinks the United the pace of foreigners’ direct investment . . .
tion is also adding to the difficulty of Amer- States could regain its attractiveness to for- has slowed. The euro zone has outpaced the
ican exporters’ task. eign investors. ‘‘If concerns about the war United States as a target for foreign direct
‘‘I can’t think of an exchange rate at which fade, and oil prices recede sharply,’’ he said, investment for six consecutive quarters, ac-
U.S. exports might be competitive with ‘‘then you’ll be back in a position where you cording to figures compiled by Morgan Stan-
those from a very low-cost country like could argue that the chance of an economic ley.
China,’’ said John G. Lonski, chief economist pickup would be greater for the U.S., than in
at Moody’s Investors Service. And in China’s Europe of Japan.’’ In that case, he said, the So they are investing back in Europe
case, Mr. Lonski said, the currency is tied to United States would be likely to resume its rather than the United States, which
the dollar, which helps prevent a narrowing position as the preferred market for foreign was always their first preference.
of its trade imbalance with the United investors. With national savings near zero, almost all
States. Indeed, investors may still be hard pressed new investment by American businesses
Despite the decline in the trade-weighted to find a better place to invest. ‘‘The Europe would essentially be financed with foreign
value of the dollar, from October (when the economic data has been as bad or worse than money. ‘‘The only way we can grow is to get
dollar reached a peak) to January (the last the U.S.,’’ said Ifty Islam, head of United capital from abroad,’’ said Stephen S. Roach,
month for which the Commerce Department States fixed-income strategy at Deutsche chief economist of Morgan Stanley. ‘‘What
has data), exports barely changed and im- Bank Securities. ‘‘Just because this is not a we’re seeing now are some early warning
ports rose 5 percent, seasonally adjusted. At European war, it doesn’t mean Europe is not signs of how this will play out over the next
least in the short term, the dollar’s move- suffering.’’ several years.’’
ments seem to reflect foreigners’ willingness Mr. HOLLINGS. I quote hurriedly, . . . foreigners hold about 35 percent of the
or reluctance to hold American securities Mr. President, just to emphasize, if you nation’s outstanding debt. The Treasury’s
more than the balance of trade.
‘‘The recent confrontation with Iraq may
please, the problem we are really get- borrowing requirements seem likely to bal-
have convinced investors of a need to better ting this generation in: loon as a result of the Iraq war, the sluggish
diversify their investment portfolios away A growing number of analysts are skep- economy and President Bush’s tax cut. If de-
from dollar-denominated assets,’’ Mr. Lonski tical that the economy will snap back quick- mand for that debt falls at the same time,
said. Though he did not forecast any large- ly after the shooting subsides. The after- interest costs could rise.
scale dumping of American securities, Mr. shocks of the stock market bubble still ap- ‘‘We’re asking the world to give us too
Lonski said that ‘‘in view of the U.S.’s pear to inhibit investor confidence and cor- much of their surplus savings,’’ Mr. Roach
record-breaking current account deficit, it porate spending. ‘‘We have had three con- said. ‘‘That’s just not a sustainable way to
seems like some decline in the dollar appears secutive quarters of below-trend growth,’’ run the economy, period.’’
to be overdue.’’ said William C. Dudley, chief United States I wish I had the time to read it all,
Last month, according to a report by Mor- economist at Goldman Sachs. ‘‘To explain all but it is not HOLLINGS just trying to
gan Stanley, foreign investors’ demand for that on the basis of the war in Iraq seems to pass a tax. I would rather be tax and
Treasury securities suddenly slackened. And be a stretch.’’
spend than spend and wreck. We can’t
well before the possibility of war in Iraq Moving along:
began to concern investors, corporate scan- get this crowd off the deficit barley
dals pushed foreigners to shift their port- But consumer surveys suggest that Ameri- corn. If we can’t sober them up with a
folios away from American securities, said a cans have curbed their urge to shop. The war, when troops are dying in Iraq and
senior executive based in the New York of- most recent poll, by ABC News and Money the amounts that we appropriate we
magazine, released on Tuesday, showed that
fice of a major European bank. can’t even pay for—I don’t know how it
‘‘It was more that than anything else ini- consumer confidence remained near its low-
est point in nine years. . . . is ever going to happen.
tially, and now it has to do with them feel- We have always paid for all of our
ing uncomfortable about the war,’’ said the . . . surveys of business sentiment by re-
executive, who spoke on condition of ano- gional banks have been extremely gloomy. wars. For the Revolution War, they put
nymity. . . .The Philadelphia Feds survey of manu- on a property tax. Back in the Civil
In addition to the changes in portfolios, facturers showed deteriorating conditions in War, they put a tax on dividends and
the pace of foreigners, direct investment in several areas. Companies in the region re- estates; for World War I, they raised
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4783
the marginal tax rate to 77 percent; going away: Social Security. And despite Security recipients, Republicans are engag-
World War II, 94 percent; Vietnam, 77 what you may have read last week, Social ing in fantasy when they talk about ‘‘sav-
percent. That is the last time—and I Security’s financial situation isn’t getting ing’’ the program by diverting some Social
better. If anything, it’s getting worse, be- Security tax payments to individual invest-
was here—that we balanced the budget, cause another year has passed without doing ment accounts. For starters, the utterly im-
that we paid our way, under President anything about the program’s long-term prudent tax cuts the Republicans are push-
Lyndon Johnson, guns and butter. The problems. ing would ensure that there won’t be money
tax rate was 77 percent. Pour yourself a glass of warm milk or a available to cover the shortfall if some So-
Now it has already been cut to 38.5 stiff drink, depending on how you calm your cial Security taxes go to private accounts
percent, and they want to cut it fur- nerves, then look at the numbers. Open the rather than being used to pay current bene-
ther in the budget that just passed. 2003 Social Security Board of Trustees re- ficiaries. Second, the whole idea of stock-
port, issued last week, to page 184. If you based individual accounts isn’t very social—
And to say, Why do we have deficits? don’t happen to have a copy of this jewel sit- it’s each person for him or herself. And these
and to use the statement that we are ting around, go to www.ssa.gov/OACT/TR/ accounts offer no security: If you turned a
concerned about deficits—that is non- TR03/lr6F9–2.html. private account into a lifetime annuity
sense. There is no concern. This place You get Social Security’s projected annual today, you’d get only about half as much per
has run amok. And if we can’t get a cash flow by subtracting the outgo column month as you’d have gotten three years ago,
sense of the Senate that we are willing from the income-excluding-interest column. because the market and interest rates were
This disregards the interest that Social Se-
to pay for the war, we are just going to much higher then.
curity gets on its trust fund, because the in- The logical solution to Social Security’s
have to quit, we are not doing the peo- terest is paid not in cash but in Treasury se-
ple’s job at all. long-term problem is to cut benefit growth,
curities. This year’s $77 billion cash surplus increase taxes or both. You could also use
The party of Lincoln that passed in and $88 billion of interest that doesn’t count general revenue to pay benefits, but then
order to pay for the Civil War the es- as a budget expense produces a $165 billion there’d be no limiting the benefits level. The
tate tax and the dividend tax, this Social Security surplus in the federal budg- earlier we deal with the problem, the less
party of Lincoln today, in 2003, says: et. This surplus is being pillaged to support
pain we’ll inflict. But with Democrats deny-
Let’s go to war. And the first order of huge tax cuts and other government ex-
ing there’s a problem and Republicans fanta-
penses.
business is to eliminate the estate tax, Social Security’s cash surplus is projected sizing about the stock market solving Social
eliminate the dividend tax, and talk to peak at $112 billion in 2008 and then start Security’s ills, don’t hold your breath wait-
about stimulus, stimulus, growth, to decline. For 2027, the surplus is projected ing for something constructive to happen.
You’ll turn blue.
growth. at $5 billion. Given that Social Security will
Do you know that in 200 years of be spending more than $1.1 trillion, the $5
billion is a rounding error, not a margin of [From the Washington Post, Mar. 25, 2003]
American history, with all the wars— NO EXCUSE FOR TAX CUTS
safety. By 2018, the ‘‘crossover date,’’ when
World War II, right on through, Korea,
the amount collected in Social Security (By E.J. Dionne, Jr.)
Vietnam—we never had a $100 billion taxes isn’t enough to cover current benefits, Do the leaders of Congress really want to
interest cost on our debt. But, by gosh, the program is projected to run a $25 billion make their branch of government look fool-
along came President Reagan. George negative cash flow, and the red ink starts to ish?
Walker Herbert Bush called it voodoo. run like a river. The attention of Americans is focused on
And under voodoo we went not only to If you subscribe to the school, consisting the war in Iraq—the successes, the sacrifices,
$100 billion, but we went to $200 billion primarily of Democrats, that says we’re the capture of American fighting men and
okay until 2041 because we can depend on the women, the march on Baghdad.
in interest costs. And then we went to trust fund, you’re in dreamland. Take a look
$400 billion under President Bush’s fa- Congressional leaders should not exploit
at the horrific projected cash-flow deficits this moment to push narrow ideological
ther. that lie ahead. In 2020, $568 billion. by 2039, agendas. Ramming through enormous tax
Then, under President Clinton, we it’s more than $1 trillion. You think we’re cuts is not the best way to unite the country
eliminated the deficit. It took 8 years going to spend that kind of money? What are or—the phrase is on the lips of every politi-
to eliminate that $400 billion deficit, you smoking? cian—to show our support for the men and
but we raised taxes, which I am asking But, you ask, why can’t the trust fund,
women in uniform. At a time of war, we
currently at $1.54 trillion and climbing, be
us to do, at least to pay for the war— used to fund the cash deficit? Welcome to the
should not feel we are witnessing a political
not for any other program. I have a Ponza scheme.
wonderful world of Washington math. The
value-added tax. Mr. President, that is The administration waited until this week
federal government putting Treasury securi-
to discuss what this war might cost. Presi-
S. 112. ties into a federal trust fund is like you
dent Bush’s aides insisted, implausibly, that
Mr. President, I ask unanimous con- funding your retirement by writing IOUs to
they really couldn’t know the price until
sent that this particular chart be yourself. It’s a meaningless exercise, because
hostilities began.
printed in the RECORD. you have to convert the IOUs into cash—and
Hey, some estimates and ranges would
having the IOUs on hand doesn’t make it
There being no objection, the mate- have done just fine. The administration, al-
easier for you to come up with cash.
rial was ordered to be printed in the If you put Treasury securities into your ready proposing far too much tax cutting in
RECORD, as follows: file drawer to finance your retirement, you’d the face of rising deficits, clearly wanted to
be fine. You’d depend on the Treasury to re- avoid putting out numbers that would make
TAXES TO PAY FOR WAR deem its securities; you wouldn’t have to the budget picture even worse. The hope was
raise the money with your own resources. If that Congress would just push through budg-
War Individual in- Corporation in- Social Security had put your IOU into its et resolutions containing its $726 billion tax
creases creases plan.
trust fund—say, by making you a mortgage
Civil War .......................................... 0–10% ............... Dividends. loan—it would be fine, provided you paid off But once the war started, the fact that it
World War I ..................................... 13–77% ............. 1–12%. your loan. Instead, the government will have was happening became a rationale for sup-
World War II .................................... 79–94% ............. 20–40%. porting the tax cut. House Speaker Dennis
Korean War ...................................... 82–91% ............. 38–52%. to redeem Social Security’s Treasury securi-
Vietnam ........................................... 70–77% ............. 48–52.5%. ties with its own cash, by cutting other Hastert told his Republican colleagues that
Afghan, Iraq and Terrorism Wars ... Tax cut ............... Tax cut. spending, getting more revenue or bor- it was important not to embarrass the presi-
rowing. Exactly what it would have to do if dent by cutting back on his tax proposal.
Mr. HOLLINGS. Mr. President, be- there were no trust fund. So the trust fund, Since the tax plan was losing support
fore I forget, I ask unanimous consent no matter how many trillions are in it, isn’t among moderates on the merits, Hastert had
to have this article printed in the helpful when it comes to paying bills. to haul out the flag. Hastert is saying that
The cash-crossover date has been moving to oppose the president on anything right
RECORD: ‘‘No Excuse for Tax Cuts,’’ by now—even on tax policies that have nothing
forward steadily for five years. Is that a sign
E.J. Dionne, Jr. that the problem will never actually arrive? to do with the war and that make less sense
There being no objection, the mate- No, says Stephen Goss, Social Security’s than ever because of the war—is somehow to
rial was ordered to be printed in the chief actuary. ‘‘The possibility is about 50-50 oppose the war effort. If the speaker really
RECORD, as follows: that the dates will be earlier in next year’s believes that, he should just put the House
[From the Washington Post, Mar. 25, 2003] report,’’ he says. And Goss isn’t a political on automatic pilot to ratify the president’s
numbers troll. He’s a career civil servant desires. Who needs a legislative branch?
WASHINGTON TALKS A BLUE STREAK AS
who’s a total truth-teller. He said the same The Senate, fortunately, is a more com-
SOCIAL SECURITY’S RED INK RUNS
things during the Clinton administration plicated place. Republicans hold only 51 of
(By Allan Sloan) that he said to me last week. 100 seats, and many Republican moderates
No matter how well the war goes, the Just as Democrats engage in fantasy when are restive. Sens. John McCain of Arizona
United States has one problem that isn’t they say the trust fund will protect Social and Lincoln Chafee of Rhode Island think
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S4784 CONGRESSIONAL RECORD — SENATE April 3, 2003
tax cutting is senseless until we know more Income and estate taxes were imposed only But it has gotten so that now the Re-
about the costs of war and postwar recon- in revenue emergencies, during the Civil War publicans have taken over, and you
struction. Sens. Susan Collins and Olympia and the Spanish-American War. Wartime can’t run for the Senate unless you
Snowe of Maine and George Voinovich of taxation, or the ‘‘conscription of wealth,’’
Ohio have been trying to hold down the size was perceived as equitable at a time when promise not to pay—not to pay—the
of the reductions. many citizens were sacrificing their lives, bill. They are taking over in this mi-
McCain has particular standing on this sometimes as soldier proxies for wealthier asma of growth, growth. The only
matter. He’s as strong a supporter of the Iraq citizens. thing that grows is the national debt,
war as there is in Congress. On this issue, he The 1916 estate tax was a fundamentally the interest costs, the waste. There has
has been unwavering in standing up for American response to the excessive inequal- been $300 to $400 billion waste since
Bush—not one of his favorite people after the ities of the Gilded Age and reflected the
country’s need to move beyond reliance on voodoo 1. There it is.
bitter 2000 Republican primaries. McCain is
suggesting that conservatives who favor a the regressive tariff and excise taxes as pri- We could pay for all of these par-
large American role in the world should put mary sources of government revenue. Yet it ticular needs—there is $80 billion here
their money where their mouth is and pay was given a tremendous push by the U.S. for the war—if we had a pay-as-you-go
for their expansive foreign policy. The alter- entry into World War I and the need for war- government up here in Washington.
native is to stop pretending and go back to time funds. Even after the war, businessman But they back off onto that deficit bar-
being a party for which tax cutting is the Harlan E. Read argued in his book ‘‘The Abo- ley corn. They have no intent of paying
one and only priority. lition of Inheritance’’ that war debts should
be paid off with heavy taxes on inherited for anything. Tax cuts, tax cuts, says
If the five Republican skeptics held to-
gether, they could put a brake on the mad wealth. Karl Rove. You have to do it in order
rush to unaffordable tax cuts. Last week In order to pay for World War II, the in- to get reelected. And it is a dirty
Senate moderates carried a proposal to trim come tax was broadened to many lower-in- shame. It is a dirty shame.
the tax cuts by $100 billion. But it’s not clear come households. In 1942 Irving Berlin wrote I have been in government now for 50
that vote will stand, and it’s not enough any- a patriotic song called ‘‘I Paid My Income years, and I have to say, immodestly, I
way. Tax Today’’ to mark the unprecedented tax have been the longest serving member
It would take courage for moderate Repub- collections. One verse went: ‘‘You see those
bombers in the sky, Rockefeller helped to of the Budget Committee. I have been
licans and Democrats in the Senate to do
build them, so did I.’’ President Franklin D. chairman of that Budget Committee.
more. But they would only be matching the
courage of moderate and conservative Demo- Roosevelt understood that national unity As Governor of South Carolina, I got
crats in the House, who put their anti-deficit against Hitler depended on a sense of shared the Standard & Poors’ and Moody’s
principles above the convenience of voting sacrifice, by both Rockefeller and Rosie the AAA credit rating for our State.
with a president popular in many of their Riveter. As a Senator, I voted for the bal-
districts. Top income rates were boosted, and the es- anced budget. And we cut the deficit
Perhaps the most powerful argument in tate tax was increased so that fortunes ex-
ceeding $50 million would be taxed at 70 per-
when I was chairman of that Budget
last week’s budget debate came from Rep. Committee, and those kinds of things.
Gene Taylor, a solidly conservative Mis- cent. FDR spoke out boldly against war prof-
iteering, saying, ‘‘I don’t want to see a single I got together with Senator Gramm
sissippi Democrat. Taylor wondered how
Congress could be considering policies that war millionaire created in the United States and Senator Rudman, and we had
would throw today’s costs onto tomorrow’s as a result of this world disaster.’’ Gramm-Rudman-Hollings to system-
taxpayers—including the many young Amer- Today the lives of some of our citizens are atically cut $35 billion a year. We just
at risk. Others are feeling the pain of the re- passed a budget that increases the def-
icans now fighting for their country.
‘‘You’re sticking those 250,000 young Amer- cession, losing their jobs, savings and secu-
rity. State and local governments, facing the icit by $350 billion, and they are fight-
icans and their children with that bill,’’ Tay- ing over at the White House to make
lor said. ‘‘And that’s inexcusable.’’ worst budget cuts since World War II, are
Deficit arguments tend to be abstract. But laying off workers and cutting education sure they get more than $350 billion in
Sen. Kent Conrad, a North Dakota Democrat spending, children’s health care and basic tax cuts.
who heads his party’s contingent on the human services. This sense of the Senate merely says
Budget Committee, makes the essential Rather than facing these problems and ap- to the President: You submit your pro-
point. When the policies of the 1980s threw propriating the money to resolve them, con- gram. And if you don’t, we have tax
gressional leaders are using the diversion of
the country into deep deficits, there was revenues to pay for this war. And don’t
war to pass a tax cut for the wealthy that
time to repair the problem before the baby say the revenues are going to ruin the
would exacerbate budget shortfalls at all lev-
boomers retired. This time there will be no economy because it will take a year for
els. While the public’s attention is riveted on
opportunity to correct the mistakes. If these
Iraq, the Senate acts to accelerate the repeal the value-added tax to be implemented
tax cuts go through, the choices just a few
of the progressive estate tax. by the Internal Revenue Service. So if
years from now will be sharp cutbacks in At a time when states need $70 billion in
Medicare and Social Security, big tax in- we pass this now, we are telling the
federal aid to close their deficits, federal pri-
creases or unheard-of-deficits. orities seem to be very different. Will the
market, like we did back in 1993, that
War should not be used as an excuse to we are going to start getting rid of the
costs of war be paid by reductions in spend-
evade these consequences. This tax debate deficits, and paying down the debt.
ing, mostly affecting our most vulnerable
should be shelved until victory is won. citizens? Will there be clear domestic eco- We said, for 8 years: Pay down the
[From the Washington Post, Mar. 25, 2003] nomic winners and losers in the conduct of debt. Pay down the debt. We don’t say
this war? that any longer. We are just saying, we
A FAIR PAYMENT FOR WAR Political scientist Michael Lipsky ob-
(By William H. Gates, Sr. and Chuck Collins)
are concerned about deficits.
served a year ago that this war ‘‘will evi-
I can tell, my time is up. I thank the
Last week we saw something unprece- dently excerbate the divide between rich and
dented in American history: a push for tax poor.’’ Wars have had this effect on the distinguished Senator from Mississippi
cuts targeted to the wealthy in a time of United States before, but absolutely without for yielding me this time. I appreciate
war. As U.S. jets prepared to bomb Baghdad, precedent is a push for a windfall tax cut for it very much.
Sen. Jon Kyl (R-Ariz.) offered an amendment the wealthy as wartime expenses mount. The PRESIDING OFFICER (Mr.
to the federal budget legislation accelerating Mr. HOLLINGS. Right to the point, CHAMBLISS). The Senator from Mis-
the repeal of the estate tax. It is a provision we got voodoo II here the year before sissippi.
that would benefit less than 2 percent of the last with George W. Bush’s tax cuts, Mr. COCHRAN. Mr. President, the
wealthiest taxpayers. It passed by a narrow distinguished Senator from South
vote of 51 to 48.
and we are jumping back to $400 billion
There is something unseemly about deficits. And now we are asking, with Carolina is one of my best friends. It is
Congress’s obsession with repealing the es- the budget that we passed, for voodoo always a pleasure to hear him address
tate tax, the nation’s most equitable tax on III, to really run $700 billion deficits. the Senate on a subject about which he
accumulated wealth, at a time when life and I wish they would hear that and lis- feels strongly and where he is truly an
death are at stake. The American history of ten to me. They have no idea. The in- expert. He served as one of the first
estate and inheritance taxes is wound to- terest costs—the distinguished Pre- members of the Budget Committee and
gether with mobilizations for war. The first siding Officer, you come from a respon- helped shape budget policies in Con-
federal tax on wealth was levied in 1797, as
sible State. In the State of Texas, I can gress for many years.
our country was faced with the escalating
costs of responding to French attacks on
tell you, you have to pay the bill. In I remember that it seems like last
American shipping. fact, in my State, you cannot run for week we were debating the budget reso-
During the 19th century, federal revenue Governor unless you promise to pay lution that contained provisions relat-
came primarily from excise taxes and tariffs. the bill. ing to assumptions about tax policy
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4785
and fiscal policy for the next fiscal the costs of the war. We have no such Domenici Inhofe Sessions
Ensign Kyl Shelby
year. The Senate had an opportunity to assurance this time. Enzi Lott Smith
consider and vote on a lot of amend- Because of this uncertainty, I believe Fitzgerald Lugar Snowe
ments and provisions in that budget the Senate should be discussing and de- Frist McCain Specter
resolution having to do with tax pol- Graham (SC) McConnell Stevens
bating this issue. That is, discussing Grassley Miller Sununu
icy. and debating how we will meet the Gregg Murkowski Talent
Of course, we all know that what we costs of the war and the costs of recon- Hagel Nickles Thomas
are confronted with is a request from struction. Hatch Roberts Voinovich
Hutchison Santorum Warner
the President for funding for supple- Will we receive contributions from
mental funds for the balance of this fis- our allies? Will we use revenues from NAYS—46
cal year to help finance the war in Iraq Iraqi oil after the war is over? Will we Akaka Dorgan Lieberman
and to help finance Operation Liberty cut wasteful government spending? Baucus Durbin Lincoln
Bayh Edwards Mikulski
Shield by providing funds to the De- These questions need to be asked and Biden Feingold Murray
partment of Homeland Security and debated. That is why I voted not to Bingaman Feinstein Nelson (FL)
the Department of Defense. table the Hollings amendment. With Boxer Graham (FL) Nelson (NE)
While this sense-of-the-Senate reso- Breaux Harkin
his amendment, the Senator from Byrd Hollings
Pryor
lution offered by the Senator from South Carolina tried to raise the issue Cantwell Jeffords
Reed
South Carolina does raise a subject Reid
of how we will pay for the war and re- Carper Johnson
Rockefeller
about which we have thought and dis- construction. And, his amendment was Clinton Kennedy
Sarbanes
Conrad Kohl
cussed a good bit in recent weeks, we intended to force the Senate to debate Corzine Landrieu Schumer
hope the Senate will approve a motion this issue. I believe we need to have Daschle Lautenberg Stabenow
to table the amendment and continue Wyden
that debate, and that is why I voted Dayton Leahy
to work our way through this bill so we Dodd Levin
not to table the Hollings amendment.
can complete action on the appropria- Mr. REID. Mr. President, I ask unan- NOT VOTING—3
tions measure tonight if at all possible. imous consent that the time between Bunning Inouye Kerry
We can go to conference with the the two votes be 10 minutes; the second The motion was agreed to.
House and work out differences be- vote be 10 minutes. Mr. STEVENS. I move to reconsider
tween their bill and ours and get these The PRESIDING OFFICER. Is there the vote.
funds in the hands of the administra- objection? Mr. CRAIG. I move to lay that mo-
tion so we can get about the business Mr. COCHRAN. There is no objection tion on the table.
of protecting the security of our home- on this side. The motion to lay on the table was
land and waging a winning war against The PRESIDING OFFICER. Without agreed to.
terror. That is the purpose of this leg- objection, it is so ordered.
VOTE ON AMENDMENT NO. 479
islation. We hope the Senate does not Mr. REID. I don’t know if the Sen-
get too sidetracked on what our mis- ator from Mississippi can answer this The PRESIDING OFFICER. The
sion is tonight. question. The Senator from Louisiana question is on agreeing to the motion
I hope Senators will be aware. We had talked to Senator STEVENS’ staff to table the Hollings amendment, No.
called over to the Finance Committee, and Senator STEVENS on the amend- 479.
which has jurisdiction over tax policy, ment. We will work on this during the Mr. COCHRAN. I ask for the yeas and
to let them know about the amend- vote. nays if they have not been ordered.
ment and that we had an opportunity Mr. COCHRAN. My understanding is The PRESIDING OFFICER. The yeas
for them, if they wanted to, to come Senator STEVENS wanted an oppor- and nays have been ordered.
over and speak on the subject. Not hav- tunity to talk about that. The clerk will call the roll.
ing had a request for time, I am pre- The assistant legislative clerk called
Mr. REID. We will go ahead and start
pared to yield time back and proceed to the roll.
the vote then.
a vote on the Byrd amendment or in re- Mr. MCCONNELL. I announce that
VOTE ON AMENDMENT NO. 508
lation to the Byrd amendment and the Senator from Kentucky (Mr.
The PRESIDING OFFICER. The BUNNING) is necessarily absent.
then the Hollings amendment.
question is on agreeing to the motion I further announce that, if present
Mr. President, if there is no problem
to table the Byrd amendment, No. 508. and voting, the Senator from Kentucky
with that, I yield back the time on this
The yeas and nays have been ordered. (Mr. BUNNING), would vote ‘‘yes.’’
side. I move to table the Hollings
The clerk will call the roll. Mr. REID. I announce that the Sen-
amendment and ask for the yeas and
The legislative clerk called the roll. ator from Hawaii (Mr. INOUYE) and the
nays.
Mr. MCCONNELL. I announce that Senator from Massachusetts (Mr.
The PRESIDING OFFICER. Is there a
the Senator from Kentucky (Mr. KERRY) are necessarily absent.
sufficient second?
There appears to be a sufficient sec- BUNNING) is necessarily absent. I further announce that, if present
ond. I further announce that, if present and voting, the Senator from Massa-
The yeas and nays were ordered. and voting, the Senator from Kentucky chusetts (Mr. KERRY) would vote
Mrs. BOXER. Mr. President, I will (Mr. BUNNING) would vote ‘‘yes.’’ ‘‘aye.’’
vote not to table the Hollings amend- Mr. REID. I announce that the Sen- The PRESIDING OFFICER. Are there
ment. ator from Hawaii (Mr. INOUYE) and the any other Senators in the Chamber de-
We still do not know how much the Senator from Massachusetts (Mr. siring to vote?
war in Iraq will cost, and we do not KERRY) are necessarily absent. The result was announced—yeas 79,
know how we will pay for those costs. I further announce that, if present nays 18, as follows:
I have been concerned about the and voting, the Senator from Massa- [Rollcall Vote No. 121 Leg.]
United States shouldering the entire fi- chusetts (Mr. KERRY) would vote ‘‘no.’’
YEAS—79
nancial burden not only of the ongoing The PRESIDING OFFICER. Are there
Alexander Coleman Ensign
war, but also of the necessary postwar any other Senators in the Chamber de- Allard Collins Enzi
reconstruction. The President has re- siring to vote? Allen Conrad Feingold
leased a list of more than 40 nations The result was announced—yeas 51, Baucus Cornyn Feinstein
nays 46, as follows: Bayh Corzine Fitzgerald
that are supporting our effort in Iraq. Bennett Craig Frist
However, a close look at the nations on [Rollcall Vote No. 120 Leg.] Bingaman Crapo Graham (SC)
that list will show that the over- YEAS—51 Bond Daschle Grassley
Brownback DeWine Gregg
whelming majority of them are in no Alexander Burns Collins Burns Dole Hagel
position—and have made no commit- Allard Campbell Cornyn Campbell Domenici Hatch
Allen Chafee Craig
ment—to help pay for the effort. Bennett Chambliss Crapo
Cantwell Dorgan Hutchison
In comparison, during the 1991 gulf Chambliss Durbin Inhofe
Bond Cochran DeWine Cochran Edwards Johnson
war, our allies paid for 88 percent of Brownback Coleman Dole
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S4786 CONGRESSIONAL RECORD — SENATE April 3, 2003
Kennedy Murkowski Smith mous consent that the second vote on provide training, exercise, planning, and per-
Kohl Murray Snowe sonnel funds to State and local first respond-
Kyl Nelson (FL) Specter
this sequence to come be 10 minutes in
length. ers: Provided further, That the Office for Do-
Landrieu Nelson (NE) Stabenow mestic Preparedness (referred to under this
Lautenberg Nickles Stevens The PRESIDING OFFICER. Without heading as the ‘‘Office’’) shall transfer funds
Lieberman Pryor Sununu objection, it is so ordered.
Lincoln Reid for such grants to States not later than 30
Talent Mr. STEVENS. We will do everything
Lott Roberts Thomas
days after the date of enactment of this Act,
Lugar Rockefeller
Voinovich
we can to shorten the time. and not less than 80 percent of funds made
McCain Santorum Mr. BYRD. I wonder if it might be available to each State under this proviso
Warner
McConnell Schumer shall be made available to units of local gov-
Mikulski Sessions
Wyden possible to get agreement that the vote
would occur—the final passage would ernment based on population within 30 days
Miller Shelby
of receipt by the State: Provided further,
NAYS—18 be voted at 9 o’clock. That up to 20 percent of the amount made
Mr. STEVENS. We can’t do it be- available under the first proviso shall be for
Akaka Chafee Hollings
Biden Clinton Jeffords cause we are still reviewing the man- costs of law enforcement, fire, emergency
Boxer Dayton Leahy agers’ package. medical services, and other emergency per-
Breaux Dodd Levin Mr. REID. I would say, if I could, if sonnel, including overtime expenses and re-
Byrd Graham (FL) Reed imbursement of States (in addition to per-
Carper Harkin Sarbanes
the Senator would yield, through the
Chair, I think we have a real good op- sonnel costs related to training), local gov-
NOT VOTING—3 ernments, and Indian tribes for additional
portunity of finishing the bill quickly
Bunning Inouye Kerry costs incurred to replace first responders
after these two votes. We will need co- who are called to active duty in the Reserves
The motion was agreed to. operation of both sides but I think we for periods of not less than 6 consecutive
Mr. STEVENS. Mr. President, I move can do that. months: Provided further, That $500,000,000
to reconsider the vote, and I move to Mr. SPECTER addressed the Chair. shall be for personnel costs of States and
lay that motion on the table. The PRESIDING OFFICER. The Sen- units of local government, subject to the
The motion to lay on the table was ator from Pennsylvania. minimum grant amount requirement of sec-
agreed to. tion 1014 of the USA PATRIOT Act of 2001
Mr. SPECTER. I send my amendment
Mr. STEVENS. I now yield to the and the requirement that remaining
to the desk. I ask unanimous consent amounts be distributed on a per capita basis,
Senator from South Carolina. that the reading of the amendment be
Mr. HOLLINGS. I ask unanimous for enhanced security around critical infra-
dispensed with. structure (as that term is defined in section
consent that the distinguished Senator
Mr. STEVENS. Senator, I don’t think 1016 of the USA PATRIOT Act of 2001 (Public
from West Virginia be added as a co- Law 107–56)), the Office shall transfer funds
the Schumer amendment is there yet.
sponsor on that amendment. for such grants to States not later than 30
The PRESIDING OFFICER. Without Mr. SCHUMER addressed the Chair.
The PRESIDING OFFICER. The days after the date of enactment of this Act,
objection, it is so ordered. and not less than 50 percent of such funds
The Senator from Alaska. order provides that the Schumer made available to each State shall be made
Mr. STEVENS. Mr. President, I ask amendment be called up first. available to units of local government with-
unanimous consent that when Senator The Senator from New York. in 30 days of receipt.
SCHUMER offers his first-degree amend- AMENDMENT NO. 514 For additional amounts under the Acts re-
ferred to in the preceding paragraph for
ment regarding first responders, upon Mr. SCHUMER. I send an amendment
grants to high threat urban areas, which
the reporting of the amendment it be to the desk and ask for its immediate should be identified by criteria that include
set aside and Senator SPECTER be rec- consideration. credible threat, vulnerability, the presence
ognized to offer a first-degree amend- The PRESIDING OFFICER. The of infrastructure of national importance,
ment on the same subject; that the clerk will report. population, and needs of public safety orga-
amendments be debated concurrently The legislative clerk read as follows: nizations, for the purchase of equipment, in-
with a total of 30 minutes of debate to The Senator from New York [Mr. SCHU- cluding interoperable communications
be controlled by Senator SCHUMER and equipment, and to provide training, plan-
MER], for himself, Mrs. CLINTON, Ms. MIKUL-
ning, exercise, and personnel costs,
Senator SPECTER—actually, I asked my SKI, Mr. LIEBERMAN, Mr. KENNEDY, Ms.
$1,045,000,000: Provided, That not less than 80
colleague to yield me 5 of those min- STABENOW, Mrs. BOXER, Mr. JOHNSON, Mr.
percent of funds made available under this
utes—or their designees, and that no BINGAMAN, Mr. NELSON of Nebraska, Mr.
proviso shall be made available to units of
amendment be in order to either LEAHY, Mr. BAUCUS, Mr. AKAKA, and Mr.
local government: Provided further, That up
SARBANES, proposes an amendment num-
amendment prior to a vote in relation to 20 percent of this amount shall be for
bered 514.
to each amendment; upon the use or costs of law enforcement, fire, emergency
yielding back of time, the Senate pro- Mr. SCHUMER. I ask unanimous con- medical services, and other emergency per-
ceed to a vote in relation to the Spec- sent the reading of the amendment be sonnel, including overtime expenses (in addi-
dispensed with. tion to personnel costs related to training).
ter amendment to be followed imme- For additional amounts for such office for
diately by a vote in relation to the The PRESIDING OFFICER. Without
programs as authorized under section 33 of
Schumer amendment. objection, it is so ordered. the Federal Fire Prevention and Control Act
The PRESIDING OFFICER. Is there The amendment is as follows: of 1974 (15 U.S.C. 2201 et seq.), $155,000,000, to
objection? Without objection, it is so (Purpose: To increase the appropriation for remain available until December 31, 2003.
ordered. the Office for Domestic Preparedness, De- For an additional amount, $130,000,000,
Mr. BYRD. Mr. President, I would partment of Homeland Security, by which shall be transferred to, and merged
like to inquire as to whether or not, in $2,330,000,000) with, funds in the ‘‘Community Oriented Po-
the opinion of the distinguished man- On page 37, strike lines 3 through 25 and in- licing Services, Department of Justice’’, ap-
sert the following: propriations account for Public Safety and
ager of the bill, we might be able to Community Policing Grants pursuant to
finish action by no later than 9 For additional amounts for the ‘‘Office for
Domestic Preparedness’’, as authorized by title I of the 1994 Act, for the hiring of law
o’clock? enforcement officers to prevent acts of ter-
the Homeland Security Act of 2002 (Public
Mr. STEVENS. Mr. President, we are rorism and other violent and drug-related
Law 107–296), the USA PATRIOT Act of 2001
doing everything we can. I thought we (Public Law 107–56), and the National De- crimes, of which up to 30 percent shall be
were going to finish by 5:30 but we are fense Authorization Act of 1996 (Public Law available for overtime expenses.
having votes that we might otherwise 104–201), for grants to States and local gov- AMENDMENT NO. 515
not have had, if we proceeded with the ernments, $3,000,000,000, to remain available Mr. SPECTER. I ask that my amend-
agreements we had previously. But we until December 31, 2003: Provided, That of the ment now be in order.
are doing our best to be finished. My total amount appropriated, $2,500,000,000 The PRESIDING OFFICER. The
feeling is this vote will take place at shall be made available for grants to States clerk will report.
under section 1014 of the USA PATRIOT Act The legislative clerk read as follows:
about 7:30, between 7:30 and 7:35. After
of 2001, subject to the minimum grant
that, we are inquiring to see how many The Senator from Pennsylvania [Mr. SPEC-
amount requirement of that section, and the
more votes. There are two votes, actu- TER]proposes an amendment numbered 515.
requirement that remaining amounts be dis-
ally. tributed on a per capita basis, for the pur- Mr. SPECTER. I ask unanimous con-
If it would be in order, I ask the sec- chase of needed equipment, including inter- sent the reading of the amendment be
ond vote be 10 minutes. I ask unani- operable communications equipment, and to dispensed with.
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April 3, 2003 CONGRESSIONAL RECORD — SENATE S4787
The PRESIDING OFFICER. Without The urban areas have very substan- CITY OF PITTSBURGH, DEPARTMENT OF PUBLIC SAFETY,
objection, it is so ordered. tial risks involved. In very brief sum- COST INCREASES FOR TERRORISM—Continued
The amendment is as follows: mary, the city of Philadelphia has had
2001 2002 Total
(Purpose: To increase funds for protection expenses of almost $30 million annu-
and preparedness of high threat urban ally. Total Terrorism Costs ...... 4,144,922 6,640,624 10,785,546
areas under the Office for Domestic Pre- Mr. President, I ask unanimous con-
paredness) sent that a letter dated April 2 from
On page 37, line 10, strike ‘‘$2,000,000,000’’ Mr. SPECTER. Mr. President, I also
Mayor John Street to me be printed in ask unanimous consent that a chart be
and insert in lieu thereof ‘‘$2,200,000,000’’. the RECORD at the conclusion of my re-
On page 37, line 12, strike ‘‘$1,420,000,000’’ printed in the RECORD on a survey by
and insert in lieu thereof ‘‘$1,270,000,000’’. marks.
The PRESIDING OFFICER. Without the U.S. Conference of Mayors, dated
On page 37, line 17, strike ‘‘$450,000,000’’ and
insert in lieu thereof ‘‘$300,000,000’’. objection, it is so ordered. March 27, 2003, on additional city
On page 37, line 23, strike ‘‘$100,000,000’’ and (See exhibit 1.) homeland security spending due to the
insert in lieu thereof ‘‘$600,000,000’’. Mr. SPECTER. Similarly, the City of war high alert.
Mr. SPECTER. Mr. President, the es- Pittsburgh has had increases in ex- There being no objection, the mate-
sence of my amendment is to provide penditures for the years 2001 and 2002 in rial was ordered to be printed in the
additional funds for high threat urban excess of $10 million. RECORD, as follows:
areas. This amendment would add an Mr. President, I ask unanimous con-
additional $500 million over the $100 sent that chart be printed in the ADDITIONAL CITY HOMELAND SECURITY SPENDING DUE
million currently contained in the bill RECORD. TO WAR/HIGH ALERT
for the protection or preparedness of There being no objection, the mate-
high threat urban areas. rial was ordered to be printed in the City and state Cost/Week Population
This increase would be achieved with RECORD, as follows: (Est.)
$200 million in additional funds added New York City, NY ............................................. $5,000,000 8,008,278
to the supplemental appropriations CITY OF PITTSBURGH, DEPARTMENT OF PUBLIC SAFETY, San Francisco, CA ............................................. 2,600,000 776,733
COST INCREASES FOR TERRORISM Los Angeles, CA ................................................ 2,500,000 3,694,820
bill, and a reduction of $300 million in Atlanta, GA ........................................................ 2,250,000 416,474
State and local grants for other ac- 2001 2002 Total Fresno, CA ......................................................... 1,500,000 427,652
counts in the Office of Domestic Pre- Portland, OR ...................................................... 750,000 529,121
POLICE Austin, TX .......................................................... 500,000 656,562
paredness. Baltimore, MD ................................................... 300,000 651,154
The amendment which has been sub- New Police Recruits—80 Chandler, AZ ..................................................... 336,000 176,581
Salaries ................................ $93,565 $1,677,059 $1,770,624
mitted by the Senator from New York Benefits ................................ 13,431 465,600 479,031 New Orleans, LA ................................................ 304,000 484,674
Uniforms .............................. 16,040 208,040 224,080 Pittsburgh, PA ................................................... 280,000 334,563
would increase the appropriation for Training ................................ .................... 1,129,760 1,1,129,760 Seattle, WA ........................................................ 225,000 563,374
the Office of Domestic Preparedness Lexington, KY .................................................... 218,000 260,512
from $2 billion to $4.3 billion. My Total Recruit Costs ......... 123,036 3,480,459 3,603,495 Riverside, CA ..................................................... 216,000 255,166
Premium Pay Increases ............ 1,478,866 898,522 2,377,388 Frederick, MD .................................................... 206,958 52,767
amendment would increase the appro- Special Equipment for Ter- San Jose, CA ..................................................... 200,000 894,943
priation from $2 billion to $2.2 billion. rorism ................................... 65,000 .................... 65,000 Denver, CO ........................................................ 192,000 554,636
Norfolk, VA ........................................................ 175,000 234,403
And while there is no doubt the high- FIRE Sierra Vista, AZ ................................................. 175,000 37,775
threat urban areas and the Office of New Fire Recruits—32 Columbus, GA ................................................... 171,900 186,291
Domestic Preparedness could use addi- Salaries ................................ 6,591 428,209 434,800 Simi Valley, CA ................................................. 161,000 111,351
Benefits ................................ 19,698 186,240 205,938 Columbus, OH ................................................... 160,000 711,470
tional funds, the fact is, that increase Uniforms .............................. .................... 16,000 16,000 Tuscaloosa, AL .................................................. 160,000 77,906
of more than $200 million which is in Training ................................ 29,764 158,117 187,881 Phoenix, AZ ....................................................... 154,615 1,321,045
my amendment would, in effect, tend Houston, TX ....................................................... 154,370 1,953,631
Total Recruit Costs ......... 56,053 788,566 844,619 Miami, FL .......................................................... 130,000 362,470
to break the bank. Premium Pay Increases ............ 1,923,229 377,129 2,300,358 Pawtucket, RI .................................................... 119,000 72,958
The distinguished manager of the EMS Orlando, FL ........................................................ 112,000 185,195
Premium Pay Increases ............ 484,738 565,948 1,050,686 Fremont, CA ...................................................... 103,500 203,413
bill, Senator STEVENS, is trying to keep Special Training for Terrorism .................... 24,000 24,000 Kansas City, MO ............................................... 100,000 441,545
this bill within $80 billion, and that can Special Equipment for Ter- Lakewood, CA .................................................... 99,200 137,893
rorism ................................... 14,000 6,000 20,000 Everett, MA ........................................................ 80,000 38,037
be accommodated with the addition of Building Security ...................... .................... 500,000 500,000 Laredo, TX ......................................................... 79,250 176,576
$200 million.
NOTICE
Incomplete record of Senate proceedings.
Today’s Senate proceedings will be continued in the next issue of the Record.
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