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

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

Vol. 149 WASHINGTON, TUESDAY, OCTOBER 14, 2003 No. 143 House of Representatives The House met at noon and was THE JOURNAL be in order at any time for the Speak- called to order by the Speaker pro tem- The SPEAKER pro tempore. The er, as though pursuant to clause 2(b) of pore (Mr. RADANOVICH). Chair has examined the Journal of the rule XVIII, to declare the House re- f last day’s proceedings and announces solved into the Committee of the to the House his approval thereof. Whole House on the State of the Union DESIGNATION OF THE SPEAKER for a period of debate on the subject of PRO TEMPORE Pursuant to clause 1, rule I, the Jour- nal stands approved. a bill making emergency supplemental The SPEAKER pro tempore laid be- f appropriations for defense and the re- fore the House the following commu- construction of Iraq and Afghanistan nication from the Speaker: PLEDGE OF ALLEGIANCE for the fiscal year ending September 30, WASHINGTON, DC, The SPEAKER pro tempore. Will the 2004, and for other purposes; that such October 14, 2003. gentleman from Florida (Mr. YOUNG) period of debate shall not exceed 6 I hereby appoint the Honorable GEORGE come forward and lead the House in the hours equally divided and controlled by RADANOVICH to act as Speaker pro tempore Pledge of Allegiance. the majority leader and the minority on this day. Mr. YOUNG of Florida led the Pledge J. DENNIS HASTERT, leader or their designees; and after Speaker of the House of Representatives. of Allegiance as follows: such period of debate, the Committee I pledge allegiance to the Flag of the of the Whole shall rise without motion. f United States of America, and to the Repub- The SPEAKER pro tempore. Is there PRAYER lic for which it stands, one nation under God, objection to the request of the gen- indivisible, with liberty and justice for all. The Chaplain, the Reverend Daniel P. tleman from Florida? Coughlin, offered the following prayer: f There was no objection. The celebration of the Columbus Day PERMISSION FOR COMMITTEE ON f this year inspired wonder that APPROPRIATIONS TO FILE PRIV- HOUR OF MEETING ON stretches back through centuries and ILEGED REPORT ON EMERGENCY WEDNESDAY, OCTOBER 15, 2003 raises questions about the future. SUPPLEMENTAL APPROPRIA- Lord God, You alone hold the mixed TIONS BILL, 2004 Mr. YOUNG of Florida. Mr. Speaker, I ask unanimous consent that when the motivations that accomplished Your Mr. YOUNG of Florida. Mr. Speaker, will in the discovery of a new world. As House adjourns today, it adjourn to I ask unanimous consent that the Com- meet at 1 p.m. tomorrow. those first explorers retraced their mittee on Appropriations have until path across the sea to their place of or- The SPEAKER pro tempore. Is there midnight tonight, October 14, 2003 to objection to the request of the gen- igin, they must have been filled with file a privileged report making emer- dreams of promise and composed de- tleman from Florida? gency supplemental appropriations for There was no objection. scriptions that would stir new defense and for the reconstruction of f imaginings and commitment. They had Iraq and Afghanistan for the fiscal year to be unafraid of people’s questions. In- ending September 30, 2004, and for ADJOURNMENT stead, with Your grace, they must have other purposes. Mr. YOUNG of Florida. Mr. Speaker, engaged others in their new hopes and The SPEAKER pro tempore. Is there I move that the House do now adjourn. further adventures. objection to the request of the gen- The motion was agreed to; accord- As a Nation, Lord, inspire us by their tleman from Florida? ingly (at 12 o’clock and 10 minutes early example. Make bold and inquisi- There was no objection. p.m.), under its previous order, the tive the Members of Congress as they The SPEAKER pro tempore. Pursu- House adjourned until tomorrow, shape a vision of a new world. Move ant to clause 1 of rule XXI, all points of Wednesday, October 15, 2003, at 1 p.m. them beyond temporary profit and ex- order are reserved on the bill. f ternal trade to embrace a wealth of f ideas and a network of nations, which EXECUTIVE COMMUNICATIONS, will form a common desire for peace MAKING IN ORDER AT ANY TIME ETC. beyond borders and hope for a world of PERIOD OF DEBATE ON EMER- Under clause 8 of rule XII, executive equal justice under law and Your guid- GENCY SUPPLEMENTAL APPRO- communications were taken from the ance. PRIATIONS BILL, 2004 Speaker’s table and referred as follows: This we ask of You, our Firm Foun- Mr. YOUNG of Florida. Mr. Speaker, 4732. A letter from the Chairman, Securi- dation and Eternal Hope. Amen. I ask unanimous consent that it should ties and Exchange Commission, transmitting

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

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VerDate jul 14 2003 00:15 Oct 15, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A14OC7.000 H14PT1 H9384 CONGRESSIONAL RECORD — HOUSE October 14, 2003 the annual report of the Securities Investor 4740. A letter from the Director, Office of 4750. A letter from the Assistant Attorney Protection Corporation for the year 2002, Congressional Affairs, Office of Nuclear Ma- General, Department of Justice, transmit- pursuant to 15 U.S.C. 78ggg(c)(2); to the Com- terial Safety and Safeguards, Nuclear Regu- ting the 2002 annual report on the activities mittee on Financial Services. latory Commission, transmitting the Com- and operations of the Public Integrity Sec- 4733. A letter from the Assistant General mission’s final rule — Financial Assurance tion, Criminal Division, pursuant to 28 Counsel for Regulatory Law, Office of Pro- for Materials Licensees (RIN: 3150-AG85) re- U.S.C. 529; to the Committee on the Judici- curement and Assistance Management, De- ceived October 2, 2003, pursuant to 5 U.S.C. ary. partment of Energy, transmitting the De- 801(a)(1)(A); to the Committee on Energy and 4751. A letter from the Senior Staff Attor- partment’s final rule — Acquisition Regula- Commerce. ney, Court of Appeals for the First Circuit, tion; Motor Vehicle Fleet Fuel Efficiency 4741. A letter from the Director, Defense transmitting the opinion from Paul A. (RIN: 1991-AB59) received September 30, 2003, Security Cooperation Agency, transmitting Werthen v. Kathleen Werthen, No. 02-9006 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- notification concerning the request for the (1st Cir. May 27, 2003); to the Committee on mittee on Energy and Commerce. Government of Egypt to cash flow finance a the Judiciary. 4734. A letter from the Regulations Coordi- Letter of Offer and Acceptance (LOA) for the nator, Substance Abuse and Mental Health purchase of defense articles and services, f Services Administration, Department of pursuant to 22 U.S.C. 2776(b); to the Com- Health and Human Services, transmitting mittee on International Relations. REPORTS OF COMMITTEES ON the Department’s final rule — Charitable 4742. A letter from the Deputy Director, PUBLIC BILLS AND RESOLUTIONS Choice Regulations Applicable to States Re- Defense Security Cooperation Agency, trans- ceiving Substance Abuse Prevention and mitting notification concerning the Depart- Under clause 2 of rule XIII, reports of Treatment Block Grants, Projects for Assist- ment of the Army’s Proposed Letter(s) of committees were delivered to the Clerk ance in Transition From Homelessness For- Offer and Acceptance (LOA) to Egypt for de- for printing and reference to the proper mula Grants, and to Public and Private Pro- fense articles and services (Transmittal No. calendar, as follows: 04-02), pursuant to 22 U.S.C. 2776(b); to the viders Receiving Discretionary Grant Fund- Mr. TAUZIN: Committee on Energy and ing From SAMHSA for the Provision of Sub- Committee on International Relations. 4743. A letter from the Assistant Secretary Commerce. H.R. 2898. A bill to improve stance Abuse Services Providing for Equal homeland security, public safety, and citizen Treatment of SAMHSA Program Partici- for Legislative Affairs, Department of State, transmitting certification of a proposed li- activated emergency response capabilities pants (RIN: 0930-AA11) received September through the use of enhanced 911 wireless 30, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to cense for the export of major defense equipment and defense articles to Luxembourg services, and for other purposes; with an the Committee on Energy and Commerce. amendment (Rept. 108–311). Referred to the 4735. A letter from the Legal Advisor, and France (Transmittal No. DDTC 099-03), Committee of the Whole House on the State Media Bureau, Federal Communications pursuant to 22 U.S.C. 2776(c); to the Com- of the Union. Commission, transmitting the Commission’s mittee on International Relations. Mr. YOUNG of Florida: Committee on Ap- final rule — Remedial Steps For Failure to 4744. A letter from the Assistant Secretary propriations. H.R. 3289. A bill making emer- Comply With Digital Television Construc- for Legislative Affairs, Department of State, gency supplemental appropriations for de- tion Schedule [MM Docket No. 02-113] re- transmitting certification of a proposed li- fense and for the reconstruction of Iraq and ceived October 3, 2003, pursuant to 5 U.S.C. cense for the export of major defense equip- Afghanistan for the fiscal year ending Sep- 801(a)(1)(A); to the Committee on Energy and ment and defense articles to Japan (Trans- tember 30, 2004, and for other purposes (Rept. Commerce. mittal No. DDTC 089-03), pursuant to 22 108–312). Referred to the Committee of the 4736. A letter from the Senior Legal Advi- U.S.C. 2776(c); to the Committee on Inter- Whole House on the State of the Union. sor to the Chief, Media Bureau, Federal Com- national Relations. 4745. A letter from the Assistant Secretary munications Commission, transmitting the for Legislative Affairs, Department of State, f Commission’s final rule — Amendment of transmitting a report pursuant to The Emer- Section 73.202(b) Table of Allotments, FM gency Wartime Supplemental Appropriations PUBLIC BILLS AND RESOLUTIONS Broadcast Stations. (Estelline, Texas) [MB Act, 2003, on Loan Guarantees to Israel; to Docket No. 03-55; RM-106653] received Octo- Under clause 2 of rule XII, the Committee on International Relations. ber 3, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); 4746. A letter from the Attorney Advisor, Mr. TAUZIN (for himself and Mr. DINGELL) to the Committee on Energy and Commerce. Department of the Treasury, transmitting a introduced a bill (H.R. 3288) to amend title 4737. A letter from the Senior Legal Advi- report pursuant to the Federal Vacancies Re- XXI of the Social Security Act to make tech- sor to the Chief, Media Bureau, Federal Com- form Act of 1998; to the Committee on Gov- nical corrections with respect to the defini- munications Commission, transmitting the ernment Reform. tion of qualifying State; which was referred Commission’s final rule — Amendment of 4747. A letter from the Acting Adminis- to the Committee on Energy and Commerce. Section 73.202(b) Table of Allotments, FM trator, Environmental Protection Agency, f Broadcast Stations. (Cotulla and Dilley, transmitting the Agency’s report entitled Texas) [MB Docket No.03-27; RM-10631] re- ‘‘Annual Report to Congress on Implementa- ADDITIONAL SPONSORS ceived October 3, 2003, pursuant to 5 U.S.C. tion of Public Law 106-107’’; to the Com- 801(a)(1)(A); to the Committee on Energy and mittee on Government Reform. Under clause 7 of rule XII, sponsors Commerce. 4748. A letter from the Executive Director, were added to public bills and resolu- 4738. A letter from the Senior Legal Advi- Department of Legislative Services, Mary- tions as follows: sor to the Chief, Media Bureau, Federal Com- land General Assembly, transmitting a copy munications Commission, transmitting the of Chapter 209, Acts of 2000, State Govern- H.R. 1828: Mr. CANNON and Mr. DEAL of Commission’s final rule — Amendment of ment — Department of Planning, as passed Georgia. Section 73.622(b), Table of Allotments, Dig- by the Maryland General Assembly and H.R. 1943: Mr. GILLMOR. ital Television Broadcast Stations. (Anchor- signed on May 11, 2000, in accordance with H.R. 2023: Mr. WYNN. age, Alaska) [MM Docket No.00-99; RM-9858] specific distribution instructions in Section H.R. 2233: Mr. ABERCROMBIE. received October 3, 2003, pursuant to 5 U.S.C. 4 of the Chapter; to the Committee on Gov- H.R. 2570: Mr. CUMMINGS. 801(a)(1)(A); to the Committee on Energy and ernment Reform. H.R. 2732: Mr. PICKERING and Mr. TURNER of Commerce. 4749. A letter from the Director, Office of Ohio. 4739. A letter from the Secretary of the Sustainable Fisheries, Domestic Fisheries H.R. 2771: Mrs. MCCARTHY of New York and Commission, Bureau of Consumer Protec- Division, NMFS, National Oceanic and At- Mr. BOEHLERT. tion, Federal Trade Commission, transmit- mospheric Administration, transmitting the H.R. 3002: Mr. BARTON of Texas and Mr. ting the Commission’s final rule — Rule Con- Department’s final rule — Fisheries Off West GIBBONS. cerning Disclosures Regarding Energy Con- Coast States and in the Western Pacific; H.R. 3208: Mr. FROST, Mr. TURNER of Ohio, sumption and Water Use of Certain Home West Coast Salmon Fisheries; Inseason Ac- Mr. OSBORNE, Mr. SOUDER, and Mr. JOHNSON Appliances and Other Products Required tion #3 — Closure and Reopening of the Rec- of Illinois. Under the Energy Policy and Conservation reational Fishery from Cape Falcon, Oregon H. Con. Res. 218: Mr. ISSA and Mr. FILNER. Act (‘‘Appliance Labeling Rule’’) — received to Humburg, Oregon [Docket No. 020430101- H. Con. Res. 284: Mr. BOYD, Mr. BEAUPREZ, October 3, 2003, pursuant to 5 U.S.C. 2101-01; I.D. 082503A] received October 3, 2003, Mr. TANCREDO, Ms. CARSON of Indiana, Ms. 801(a)(1)(A); to the Committee on Energy and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ROS-LEHTINEN, and Mr. DEUTSCH. Commerce. mittee on Resources. H. Res. 395: Mr. OLVER and Mrs. BIGGERT.

VerDate jul 14 2003 00:15 Oct 15, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\L14OC7.000 H14PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, OCTOBER 14, 2003 No. 143 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Following that vote, the Senate will called to order by the Honorable JOHN PRESIDENT PRO TEMPORE, resume consideration of the supple- CORNYN, a Senator from the State of Washington, DC, October 14, 2003. mental request for Iraq and Afghani- Texas. To the Senate: stan. Additional rollcall votes can be Under the provisions of rule I, section 3, of the Standing Rules of the Senate, I hereby expected. PRAYER appoint the Honorable JOHN CORNYN, a Sen- I remind everyone that prior to the The Chaplain, Dr. Barry C. Black, of- ator from the State of Texas, to perform the recess, the Democratic leader and I in- fered the following prayer: duties of the Chair. dicated the Senate will finish this bill Let us pray. TED STEVENS, by the close of business this week. Hav- Almighty God, the refuge of all that President pro tempore. ing said that, I believe Members have are distressed, how appropriate for us Mr. JOHN CORNYN thereupon as- had adequate time to study the bill and to lift our hearts to You in the morn- sumed the chair as Acting President draft amendments they believe may be ing. You are our shield and the one who pro tempore. necessary. If Senators desire to offer lifts our heads. You sit in the heavens f amendments, they should contact the and oversee the plans and activities of bill managers and not delay until later RESERVATION OF LEADER TIME humanity. Lord, You are sovereign. in the week. The hearts of kings, queens, and presi- The ACTING PRESIDENT pro tem- There are a number of important dents are in Your hands. pore. Under the previous order, the issues the Senate will address before Help us to not be afraid of the chal- leadership time is reserved. completing our work in the coming lenges that confront this Nation or fear f weeks. I will have more to say about the forces that seem arrayed against the schedule for these final weeks as RECOGNITION OF THE MAJORITY we go forward. At this time, I expect us. LEADER Arise, O God, and bless us with Your the Senate should remain focused and favor. Set us apart in Your joy. Teach The ACTING PRESIDENT pro tem- complete action on the urgent and us to put our trust in You that we may pore. The majority leader is recog- vital appropriations bill before the eat the bread of gladness. Lead our nized. Senate. Senators today in the right paths. May f f they strive not for success but for SCHEDULE RECOGNITION OF THE ACTING faithfulness. Whatever this life may MINORITY LEADER bring, keep their faith robust. Give us Mr. FRIST. Mr. President, today the Your light, that we may have life. Senate will be in a period of morning The ACTING PRESIDENT pro tem- We pray this in Your strong name. business for 1 hour. The first 30 min- pore. The Democratic whip is recog- Amen. utes of that time will be under the con- nized. trol of Senator HUTCHISON, with the re- Mr. REID. If I could direct a question f maining 30 minutes under the control to the majority leader, it is my under- PLEDGE OF ALLEGIANCE of the Democratic leader or his des- standing we will have a break not only The Honorable JOHN CORNYN led the ignee. Following the morning business today, as has already been announced Pledge of Allegiance, as follows: period, the Senate will resume consid- by the majority leader, but you are I pledge allegiance to the Flag of the eration of the Iraq and Afghanistan having your weekly caucus tomorrow, United States of America, and to the Repub- supplemental request. Also today, the so tomorrow Members should be ad- lic for which it stands, one nation under God, Senate will recess from 12:30 to 2:15 for vised that from 12:30 to 2:30 the Repub- indivisible, with liberty and justice for all. the Democratic Party luncheon. The licans will be involved in their weekly f Republican policy meeting will occur party conferences; is that right? tomorrow. Accordingly, we will recess Mr. FRIST. Through the Chair, that APPOINTMENT OF ACTING to accommodate that luncheon as well. is correct. We will have recess during PRESIDENT PRO TEMPORE When the Senate reconvenes at 2:15 tomorrow’s lunch as well as today. The PRESIDING OFFICER. The today, there will be 15 minutes of de- f clerk will please read a communication bate for closing remarks with respect to the Senate from the President pro to S. 1053, the genetic information non- MORNING BUSINESS tempore (Mr. TED STEVENS). discrimination bill. The vote on pas- The ACTING PRESIDENT pro tem- The legislative clerk read the fol- sage of S. 1053 will occur at 2:30. That pore. Under the previous order, there lowing letter: will be the first vote of today’s session. will be a period for the transaction of

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

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VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12482 CONGRESSIONAL RECORD — SENATE October 14, 2003 morning business for up to 60 minutes, the deficit have now looked at the when I think it could be said accu- with the first 30 minutes of the time numbers, now looked at the revenues rately that Hitler was no Hitler. Let under the control of the Senator from coming into the Federal Government, me explain what I mean by that. Texas, Mrs. HUTCHISON, or her designee, and now project the current deficit will The Hitler we think of when we look and the second 30 minutes of the time be roughly $85 billion less than was back in history now is the Hitler who under the control of the Democratic projected when we had the debate. stood at the head of a major army of a leader or his designee. If we had had those numbers during major nation state waging world war The Senator from Utah. the debate, obviously I would have re- upon all of the other nations around Mr. BENNETT. On behalf of the Sen- ferred to them to point out that it is him. Hitler did not start out as that ator from Texas, Mrs. HUTCHISON, I not necessarily the size of the tax rate kind of a Hitler. He started out as a yield myself the first 30 minutes in that determines the amount of tax rev- politician with a relatively small fol- morning business. enue. That is a truth, again, that we lowing and a bitter message in a world The ACTING PRESIDENT pro tem- repeat over and over but that gets for- of turmoil. pore. Without objection, it is so or- gotten over and over. What determines When he became the chancellor of all dered. the amount of tax revenue is the of Germany, he was a minority politi- f amount of economic activity that cian leading just one party of a series takes place in the economy as a whole of parties. The primary individuals in IRAQ AND THE DEFICIT tied to the tax rate, not the tax rate Germany at the time thought by mak- Mr. BENNETT. Mr. President, we itself. If you set the tax rate too high, ing him chancellor they could buy him have come back from the break. Most you guarantee the economic activity off and use him and his party in a way Members, I imagine, have had the same will slow and the tax take will go that would allow them to continue kind of experience I have had in meet- down. their power. They misjudged him. ing with my constituents. We have dis- We cut the tax rate at the beginning When he became chancellor, he, of covered the question of what we should of this administration, we cut it again course, moved to consolidate his power be doing in Iraq is foremost on our con- last year, and we are now seeing eco- rather than to cooperate with anyone. stituents’ minds. Second, we have dis- nomic activity pick up to the point He then led Germany into a very covered—at least I have—that there is that tax revenues have gone up. As I risky military operation. He moved to great concern about the size of the def- say, according to those who are now reclaim land that had been taken from icit. Those two issues were joined in projecting this year’s deficit, the tax Germany in the First World War and debate in the Senate before we left for revenues have surprised us to the point ceded to France. If the French Army— the break. I think it appropriate we that we are now going to have roughly arguably the largest on the continent talk about them together now that the $85 billion more in revenue than was at the time—had confronted him in break is over. projected just a month ago. that move, it would have meant the Let me first turn to the question of That is a coincidental number be- end of his political career; it would the deficit and the debate that took cause it comes very close to the $87 bil- have made sure that nazism, the Nazi place in this Chamber with respect to lion we are asking for. I will not sug- party would have disappeared, and Hit- the $87 billion that has been requested gest in any sense that we should tie ler would have been gone. But the by the President to pay for the war ac- those two together. The closeness is French were afraid of a little bit of tivities and the reconstruction of Iraq. purely coincidental. Nonetheless, it combat, they were afraid of a little bit We were told in this Chamber we had demonstrates that those who want to of confrontation, and they allowed Hit- to raise taxes by $87 billion to pay for use the deficit as the reason for sup- ler to take over that territory. this, and that if we did not, we would port of their opposition to what we are Well, without going into a complete see the deficit go up by $87 billion. We doing in Iraq are going to have to find history of the time, let’s go forward to defeated that amendment, but there another excuse because the economy is the pivotal event that preceded the were those with whom I met during the responding to the tax treatment that Second World War, the Conference at break who still had that view. came out of this Congress. In that re- Munich. The interesting thing we discovered sponse we are getting more tax rev- Here are the circumstances that led during the break was that the projec- enue, and it is going to be less of a fi- to that event: Hitler had designs on tions for the size of the deficit changed. nancial burden on this country than we Czechoslovakia. Hitler insisted that This is no surprise to anyone who has thought it would be even as recently as Czechoslovakia belonged to Germany spent time paying attention to the def- a month ago. and announced he was going to take it, icit. As I have said in this Chamber All right. Let me turn now to the and take it by force. The British Prime over and over and as I will repeat over other argument we hear, over and over Minister, Neville Chamberlain, con- and over, the one thing I know with re- and over, in a constant drumbeat, with tacted Hitler and said: Can we meet spect to the deficit projections, or sur- respect to Iraq; that is, the argument one more time before you act to take plus projections when those were the that this administration somehow mis- Czechoslovakia by force? Hitler agreed, order of the day, is that they are led the American people, misled the and they met in Munich, Germany. wrong. I do not know if they are wrong world by claiming Saddam Hussein was Chamberlain was terrified that war on the high side or wrong on the low a threat. Then you get into the details might break out. Chamberlain was side but I do know they are wrong. of that claim, and they say he had no afraid Great Britain was not ready for The other thing I know is that the weapons of mass destruction, his econ- war. Chamberlain was anxious to give further out they go, the more likely omy was in ruins, he did not have the Hitler whatever he could, and, ulti- they are to be wrong. That is, a 10-year ability to threaten his neighbors, he mately, Chamberlain gave Hitler projection is absolutely certain to be was no threat or, if we can go back to Czechoslovakia. Without the British wrong; a 5-year projection has a 99.94 a phrase I have seen some columnists honoring the implied guarantee they percent chance of being wrong; a 3-year use: Saddam Hussein was no Hitler. would prevent any invasion of Czecho- projection might be a little bit closer; I want to address that this morning. slovakia, Hitler was free to take over and so on with a 2-year projection. The I would hope in this Chamber, of all that country. only ones that come really close to places, we would have a sense of his- Now, again, if we look at it through being accurate are the very near term tory, we would understand what really the lens of Hitler at the top of his projections. went on in times past, and what really power, we would say, well, he proposed The interesting thing that happened is going on in a historical framework to swallow Czechoslovakia by his tre- during the break was that the near- in our present time. mendous army. In fact, however, Hitler term projections of the size of this Let me take that phrase, ‘‘Saddam did not have a tremendous army prior year’s deficit changed. They went Hussein was no Hitler,’’ and use it as to Munich. He had one on paper, but he down. In other words, we found out the framework for this kind of exam- did not have one in actuality. His gen- during the last week that those who ination. If we go back in history to the erals were terrified as to what would spend their time looking at the size of time of Hitler, we can discover a time happen to that army if, indeed, it was

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12483 ordered into the field against the com- There is some uncertainty as to what we did the right thing. We all were in bined forces of the British and the happened to Saddam Hussein’s weapons the Chamber when he made the point Czechs. of mass destruction program after that if we were wrong in assuming that Indeed, there is evidence that Hitler’s those inspectors were removed from the weapons of mass destruction were generals were prepared to depose him, Iraq in 1998. President Clinton believed there in great numbers, the con- to overthrow him, and to take Ger- the program was ongoing; Secretary sequences of our actions, at being many out from under him if, in fact, Albright believed the program was on- wrong, were the elimination of a brutal the British stood firm in Czecho- going; Prime Minister Blair of Great tyrant and the freeing of 20 million slovakia. But instead of standing firm, Britain believed the program was ongo- people and the possibility of stability the British Prime Minister said: Why ing; and Inspector Kay, who has been in that region. He said history will for- do we care about people who live so far there, confirmed that the program was give that error. away from us, with whom we have ongoing. However, we have been unable But, he said, if our critics were nothing to do? And he gave Czecho- to find caches of the weapons. wrong, and the program, which we slovakia to Hitler. There are those who say: Well, since know was in place and which has been Now, it was not just that he swal- we can’t find huge caches of weapons of confirmed to have been in place by In- lowed a small country. If we look back mass destruction, the fact that the pro- spector Kay, had gone forward and pro- on the history of the time, Czecho- gram was ongoing is immaterial; and, duced those weapons, Saddam Hussein slovakia had some of the finest fac- once again, when we went into Iraq the would have become Hitler and history tories capable of producing war mate- second time with the second President would never forgive that mistake. riel of any country in Europe. It had Bush, he did not represent a threat to I go back to Munich. At the time some of the finest machine shops and us—he was not Hitler. when Neville Chamberlain came back other skills. By taking Czechoslovakia, Again, history says if previous lead- to Great Britain, polls were over- Hitler obtained an absolutely vital ers had had the resolve of the two whelmingly in his favor. He was greet- strategic asset that made it possible Presidents Bush, Hitler would never ed with cheers everywhere he went. for Hitler to become Hitler. have become Hitler himself. The one man in the House of Commons May I draw some historic parallels. One of the things we have discovered who stood up and said ‘‘we have suf- When Saddam Hussein took Kuwait, he in Iraq that says Saddam Hussein was, fered a defeat of the first magnitude,’’ was taking a small, defenseless country indeed, very much like Hitler is the whose name was Winston Churchill, that had enormous revenues and that mass graves. Estimates of those num- got only a handful of votes in his oppo- was strategically located. If he had bers of Iraqis who have ended up in sition to Chamberlain. But, as Tony been allowed to keep them Saddam mass graves have run as high as 500,000. Blair said in our joint session, history Hussein might very well have been on Maybe there are still some to be dis- has a harsh judgment of the mistake his road toward becoming Hitler. How- covered. There were efforts to hide that Neville Chamberlain made. Nev- ever, the President of the United those graves, just as Hitler made ef- ille Chamberlain’s mistake allowed forts to hide his concentration camps States at the time, the first President Hitler to become Hitler. George W. that became the instrument through Bush, was not Neville Chamberlain. Bush made sure he would not make which he sought the final solution to The first President Bush stood in the that same mistake in Iraq and allow the Jewish problem. Saddam Hussein to become Hitler. House of Representatives and told a His final solution, of course, was to joint session of this Congress: This Over the break, during the weekend, eradicate them all, to send them to gas the Washington Post addressed this shall not stand. chambers, and then to bulldoze over There were those in this Chamber issue in some depth. The Washington the graves and pretend they had never who opposed the first President Bush Post, as we all know, is a paper that been there. Saddam Hussein was doing in his decision to confront Saddam did not endorse George W. Bush for the the same thing in his own country to Presidency and has often, in its edi- Hussein. Indeed, there were those who, his own people, and we stopped it. By in their own words, said much the same torial pages, been fairly harsh in its virtue of the resolve of the second criticism. But the Washington Post is as Chamberlain: What do we have to do President Bush, we stopped it. We with these people so far away? Why also a paper with editorial writers who stopped Saddam Hussein from reaching were in favor of moving ahead in Iraq. should we be concerned with something the kind of statistical plateau of horror so far from our shores? Perhaps they had the same historic that Adolf Hitler made famous in the perspective I have tried to offer this Fortunately, the majority of the world. Members of this Chamber at the time morning, that we had to do something Am I sorry we stopped it? Do I now to stop, prior to the time when Saddam supported the first President Bush in have to hang my head in shame when I that decision and, if I may, denied Sad- Hussein became Hitler, the possibility meet my constituents who say the in- that he might. That is a doctrine that dam Hussein Kuwait in a way that Nev- spectors didn’t find what you thought ille Chamberlain failed to deny Hitler has now been called ‘‘preemptive war,’’ they would find and, therefore, you about which everybody complains Czechoslovakia. made a mistake in voting for this war? In the aftermath of that first denial around the world and says: That is just Quite the contrary. As I examine the terrible. We should never establish the of Saddam Hussein’s ambitions, inspec- history of this situation, I am filled tors went into Iraq and discovered Sad- precedent of attacking or using mili- with gratitude for the first President tary force before the threat is immi- dam Hussein had a serious program of Bush who prevented Saddam Hussein producing weapons of mass destruc- nent. from taking over Kuwait and perhaps Well, Neville Chamberlain would tion. About that there can be no doubt. invading Saudi Arabia and thus becom- have been well served to have adopted Let us understand that. Let me under- ing Hitler. And I am grateful and proud the doctrine back in the 1930s, and the score it one more time. Saddam Hus- of the fact that I stood with the second world would have saved millions of sein was engaged in a serious program President Bush, who moved into Iraq deaths if he had. of producing weapons of mass destruc- to make sure the weapons program we The Washington Post addressed this tion, and about that there can be no all know was going on did not reach in an editorial that ran on Sunday. It doubt. President Clinton affirmed that the point where it could produce huge went from the top to the bottom of the to the Congress. Madeleine Albright af- caches of weapons and that the slaugh- page in two columns called ‘‘Iraq in Re- firmed that to the Congress. The ter, the systematic destruction of the view.’’ I ask unanimous consent that it United Nations affirmed that to the Se- Iraqi people who disagreed with Sad- be printed in the RECORD following my curity Council in the form of not one dam Hussein, has been stopped. Are remarks. but a dozen resolutions. those consequences of which Americans The PRESIDING OFFICER. Without Saddam Hussein, left unchecked in should be ashamed? Are those con- objection, it is so ordered. his first invasion of Kuwait, was on his sequences from which we should back (See exhibit 1.) way to becoming Hitler. It was the away? Mr. BENNETT. It begins: first President Bush who made the de- I believe, with Tony Blair, that his- A reader asks: ‘‘When are you going to cision to stop it. tory will look upon this action and say admit you were wrong?’’ We’ve received a

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12484 CONGRESSIONAL RECORD — SENATE October 14, 2003 number of such inquiries (not all quite so po- saying now that it didn’t go the way on the activities of hostile, dangerous, but lite) about our position on the war in Iraq, you said it would, so therefore we have hard-to-penetrate states like Iraq; and particularly from readers who were dis- to walk away from it: Take a little whether this president can be trusted not to appointed in our prewar stance. time to read history and understand distort that intelligence in pursuit of his They then go through all of the own agenda. that things never go as people propose But at issue also is whether the war should issues. There are certainly times where they will, but ultimately those who have been fought. Don’t we no know that they are critical of the administration, make the right decisions, for the right Iraq posed no imminent threat to the United critical of the administration in ways reasons, even if they have to make ad- States and that there was thus no need or with which I might disagree. But they justments—sometimes serious changes legal justification for an invasion? This ques- do make the essential points about the in the way they pursue those deci- tion turns on the phrase ‘‘imminent threat,’’ which was invoked before the war by leading issues that are in contention, the es- sions—are those to whom history gives sential point about the weapons of opponents of intervention, such as Sen. Carl the banner of having done the right M. Levin (D-Mich). The Bush administration mass destruction. thing. conveyed its own sense of dramatic urgency, They make the point that I have EXHIBIT 1 and that too is something it should account made here this morning, that Inspector [From the Washington Post, Oct. 12, 2003] for in light of what is now known. But we ar- Kay has demonstrated that Saddam gued that the threat from Saddam Hussein IRAQ IN REVIEW Hussein had a program of developing was not imminent but cumulative: He had A reader asks: ‘‘When are you going to invaded his neighbors, used chemical weap- weapons of mass destruction. Even if admit you were wrong?’’ We’ve received a the caches of weapons have not been ons and pursued biological and nuclear arms. number of such inquiries (not all quite so po- He threatened U.S. interests and security in found, if the program had been allowed lite) about our position on the war in Iraq, a vital region and would continue to do so as to go forward, the weapons would have particularly from readers who were dis- long as he was in power. A decade of diplo- come. appointed in our prewar stance. Now they macy, U.N. sanctions and no-fly-zone en- They talk about Saddam and al- cite several postwar surprises, or ostensible forcement had failed to end that threat. In- Qaida. They make the point that while surprises: the absence of weapons of mass de- stead the credibility of the Security Council, there is no direct link between Saddam struction, the absence of a proven connec- along with constraints on the regime, had tion between Saddam Hussein and al Qaeda and al-Qaida—and they claim the ad- steadily eroded. and the continuing violence in Iraq. In light The debate over intervention was fraught ministration exaggerated, by implica- of these developments, it’s important for precisely because many people understood tion, the links—that nonetheless there supporters of military intervention to look that Saddam Hussein was not an imminent was a threat from terrorism in Iraq, back and, where necessary, reevaluate— danger. We argued nonetheless that the real and they summarize it with this sen- something the Bush administration so far risk lay in allowing him to defy repeated tence: has resisted. U.N. disarmament orders, including Resolu- We believe that there has been more When combined with [Saddam Hussein’s] tion 1441, the ‘‘final opportunity’’ approved progress in Iraq than critics acknowledge, continuing pursuit of weapons of mass de- by unanimous Security Council vote. but also that the administration has made struction, that seemed to pose exactly the Though it pokes holes in U.S. intelligence serious mistakes. Before the war, we repeat- sort of threat that the Bush administration and our assumptions, Mr. Kay’s report con- edly urged President Bush to plan postwar rightly focused on as part of the war on ter- tains much to substantiate this reasoning. reconstruction more thoroughly and to level rorism. Saddam Hussein, the report claims, never with Congress and the American people abandoned his intention to produce biologi- Then they talk about continuing about the likely costs. We urged him to take cal, chemical and nuclear arms—and he was costs. I have already addressed that the time to draw more allies to the cause. aggressively defying Resolution 1441. He also this morning in my comment about the Shortcomings in both cases have proved was successfully deceiving U.N. inspectors. revision of the budget figures that says highly damaging, as has the Pentagon’s in- They failed to discover multiple programs that the resurging economy we now sistence on monopolizing political control for developing illegal long-range missiles as have is going to give us a deficit that over Iraq. well as a clandestine network of biological Yet simply to blame the administration is laboratories, among other things. From a is going to be roughly $85 billion less not a full answer to our readers. Taking the legal standpoint, the report shows that Iraq than we were talking about as recently measure of the administration, of Congress should have been subject to the ‘‘serious con- as the time before the break. and of their likely ability to see this through sequences’’ specified by Resolution 1441 in In addition to their editorial in was a pre-war obligation, one of the factors the event of noncompliance. More impor- which the Washington Post says we in calculating risks and benefits. Moreover, tant, it strongly suggests that in the absence still stand by our support of the deci- postwar troubles and surprises were to be ex- of intervention Iraq eventually would have sion to move ahead in Iraq even though pected, even if they could not be precisely shaken off the U.N. inspectors and sanctions, foretold. It’s fair to ask now whether those things are not going as we had all allowing Saddam Hussein to follow through troubles and surprises are so great as to on his intentions. He would have been able to hoped, they have five military men prove the intervention unwise. renew his attempt to dominate the region talking about the war in op-ed pieces. I No matter how one answers that question, and its oil supplies, while deterring the will not put those in the RECORD or the critical judgments now involve future United States with the threat of missiles read them. My reading of the five is policy. It is essential that the United States topped with biological warheads. In acting to that three of them say we have to stay do as much as possible to stabilize Iraq under enforce the U.N. resolution, the United there and go forward and get it done in a peaceable, representative government. It States eliminated a real, if not ‘‘imminent,’’ roughly the way the administration is seems to us that opponents of the war ought threat, while ensuring that future Security to recognize, as some have, that this mission asking us to. Two are saying, no, this Council ultimatums carry some weight. could be critical to the fight against ter- Saddam and al Qaeda. Mr. Bush and other is a quagmire; we should pull out now rorism and to the future of the Middle East. administration officials, particularly Vice and walk away. But insisting on doing the right thing now President Cheney, exaggerated the connec- How do I summarize my history les- does not excuse supporters of the war from tions between Saddam Hussein and al Qaeda son this morning? History comes in reexaming the judgments that led to this and implied without foundation that Saddam chunks bigger than 2-week periods. point. Hussein may have had something to do with History comes in chunks bigger than a Weapons of mass destruction. David Kay’s the attacks of 9/11. Critics add that since the news site. The history of the last cen- 1,200-member survey team has reported that invasion, terrorists seem to have flocked to Saddam Hussein’s nuclear program was ‘‘ru- tury and this one tells me the two Iraq, where the occupation has had to cope dimentary’’ and that no large-scale produc- with a series of car and suicide bombings. Presidents Bush, in confronting Sad- tion of chemical weapons occurred in recent The terrorism is worrisome, though the prin- dam Hussein in the way they did—the years. We believed otherwise before the war, cipal group behind it appears to be Ansar al- first in reversing Saddam’s invasion of especially as regards chemical weapons, as Islam, which was based in northern Iraq be- Kuwait and the second one moving in did most governments with intelligence serv- fore the war and whose leader spent time in to preserve the lives of Iraqi citizens ices. We have called on the Bush administra- Saddam Hussein’s Baghdad. being slaughtered by a man with Hit- tion to account for what increasingly look For our part, we never saw a connection lerian impulses, if not full Hitlerian like failures in the intelligence agencies’ as- between Iraq and 9/11 or major collaboration sessment of the Iraqi threat, as well as between Saddam and al Qaeda. But we did power—acted properly. misstatements in the public case made for perceive a broader threat, in the sense that I am proud to have supported the sec- the war. The importance of this is hard to Saddam Hussein had frequently collaborated ond President Bush in his decision to overstate: At issue is whether Americans, with other terrorist organizations and could do that. I say this to many who are and the world, can believe U.S. intelligence be reasonably expected to continue doing so.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12485 When combined with his continuing pursuit The PRESIDING OFFICER (Ms. COL- had a positive energy, was never of weapons of mass destruction, that seemed LINS). The Senator from Ohio is recog- judgmental, and never made fun of peo- to pose exactly the sort of threat that the nized. ple. Bush administration rightly focused on as part of the war on terrorism. f He listened. He was a good friend. He Continuing costs. The difficulty of rebuild- looked out for his mom and his dad and ing Iraq is huge. The steady stream of U.S. HONORING OUR ARMED FORCES he helped others achieve their dreams. dead and wounded is agonizing. The strain on Mr. DEWINE. Madam President, I He was selfless. the U.S. military, its reserves and the fami- rise this morning to pay special tribute Without question, Rocky Baragona lies at home is growing. But these develop- to a special man whose life ended ex- was a good man. He was a nice, decent, ments, while troubling, are not altogether generous, hard-working man who loved surprising—except maybe to those who be- actly as he lived it—in service to oth- lieved the Bush administration’s shallow ers. LTC Dominic Rocco Baragona— his family unconditionally. He was al- prewar rhetoric. The calculation on inter- ‘‘Rocky’’ to his family and friends— ways there for them, willing to help vention required a weighing of risks: the risk passed away at the age of 42 on May 19, anyone, any time, any place. His fam- of allowing Saddam Hussein to remain in 2003, near Safwan, Iraq. He had been de- ily called him ‘‘the rock.’’ He was the power, defying U.N. demands, versus all the ployed to Iraq and Operation Iraqi cement that bonded that family. As his well-articulated risks of intervention. Before Freedom on March 16, 2003. father said, ‘‘When everybody went the war, these were frequently said to in- their own way, Rocky made sure the clude starvation, an outpouring of refugees, Lieutenant Colonel Baragona, origi- a fracturing of Iraq, a descent into ethnic nally from Niles, OH, was commander family stayed together.’’ Whenever conflict or simple chaos. We believed that re- of the 19th Maintenance Battalion they needed anything, Rocky was construction would be long, costly and risky, based in Fort Sill, OK. As commander, there, whether it was at Christmastime and we judged nonetheless that intervention he was in charge of nearly 900 soldiers. to bring the family together and show- would be less risky than allowing Saddam At the time of his death, he was the er them with gifts, or just to watch the Hussein to remain in power. highest ranking U.S. service member Cleveland Indian games with his dad. Were we wrong? The honest answer is: We Rocky will continue to be there for don’t yet know. But at this stage we con- killed in Iraq. tinue to believe that the war was justified Rocky Baragona dedicated his life to his family; he will continue to be there and necessary, and that the gains so far have his country. After graduating from in spirit, forever loved and forever re- outweighed the costs. Each of the 326 Amer- West Point Military Academy in 1982, membered. ican servicemen and women who have died in he spent the next 21 years serving our LTC Dominic Baragona was a brave Iraq represents an irretrievable loss for fam- Nation. He served with distinction, up- man who loved his country. He was a ily and friends. But the nation already has holding what GEN Douglas MacArthur brave man who served as a true exam- reaped great benefit from their sacrifice. One called the soldier’s code—a code of ple of what defines patriotism and serv- of the most aggressive and brutal dictators ice to others. He was a brave man who in the history of the Middle East has been duty, honor, and country. During his eliminated, along with his proven programs military career, he was stationed in dedicated his career and his life to to acquire deadly weapons. Millions of Iraqis Germany and twice in Korea, where he helping his fellow man, fighting for a have been freed from fear, and an oppor- was the Terrorist Force Protection better future for us and for our chil- tunity has opened to bring much-needed po- commander. He also served as an offi- dren and our grandchildren. litical change to a region that is the source cer in the 101st Airborne and with the Left to cherish his memory are his of the greatest security threats to the Green Berets. parents, Dominic and Vilma; his broth- United States. Polls show a sometimes Rocky was brilliant in regard to lo- ers and sisters, Tony, John, David, grateful, sometimes grudging willingness by Pamela, and Susan; and several nieces most Iraqis to go along with U.S. plans for gistics. He received many honors while reconstruction. in the Army, including the Meritorious and nephews. You all remain in my Many Americans understandably have been Service Medal, the Joint Commenda- thoughts and in my prayers. surprised by the continuing casualties tion Medal, the Army Commendation Madam President, I will conclude months after the president’s appearance on Medal, the Joint Achievement Medal, with something Rocky’s brother John an aircraft carrier under the banner ‘‘Mis- the Army Achievement Medal, the Par- wrote when he described Rocky: sion Accomplished.’’ Mr. Bush’s abrupt sub- Rocky was the smartest of the seven kids. mission last month of a large and poorly ex- achutist Badge, and the Bronze Star. His superiors relied on Rocky. As BG He was the most generous of the seven kids. plained spending request to Congress also He was the kindest of the seven kids. He was has strengthened public support for the idea Richard Formica, a commanding general of the Third Corps Artillery at always there for all his brothers and sisters. that the Iraq mission must be failing. Yet He was my dad’s best friend and my mom’s the president’s missteps have merely ob- Fort Sill, said: pride and joy. He was always looking out for scured the facts that these costs were inevi- I could count on him to tell me what I everyone else. table, and that outside of the Sunni towns needed to hear, not what I wanted to hear. where support for Saddam Hussein was That is who Rocky Baragona was, strongest, there is no quagmire—only a slow, Not only did they rely on him, they and that is how he will be remembered. slogging progress forward. respected and admired him. According I thank the Chair, and I yield the Continued progress is far from guaranteed. to BG Brian Gehan, who commands the floor. In our view, the administration could im- Army’s First Corps at Fort Bragg: The PRESIDING OFFICER. The prove the odds of success by forging a broad- Rocky was a man of tremendous passion Democratic leader. er international coalition. For that to hap- and of tremendous integrity. It was those Mr. DASCHLE. Madam President, pen, the administration must drop its insist- qualities that set him apart. ence on monopolizing power over Iraq’s po- can the Chair inform us as to the cur- litical transition, as well as the contracts for I didn’t know Rocky Baragona, but I rent circumstances involving morning reconstruction. It must compromise with wish I had. I say that because I learned business? those well-meaning allies who want Iraq to a great deal about this man from lis- The PRESIDING OFFICER. The Sen- succeed but disagree with U.S. tactics. tening to his family and his friends de- ate is in morning business. The remain- Success or failure in the effort to stabilize scribe this man’s remarkable life. On ing 30 minutes are under Democratic Iraq under a reasonably representative gov- June 18 of this year, I had the honor of ernment that poses no threat to the world control. will provide the ultimate answer to the ques- attending two memorial services for Mr. DASCHLE. I thank the Chair for tion of whether the war should have been un- him—a private service, and then his the information. I will use my leader dertaken. Because we continue to believe burial on the hallowed ground of Ar- time rather than using morning busi- that U.S. security is at stake, we also believe lington National Cemetery. What I ness time to talk about three matters. that the United States must be prepared to learned is that Rocky Baragona lived f dedicate troops and financial resources to life well. He lived it with purpose and that goal until it is achieved, even if it takes he lived it with love of family and of SUPPLEMENTAL APPROPRIATIONS years. In our judgment success is possible, country. Mr. DASCHLE. Madam President, we but much will depend on whether the administration and Congress face the magnitude of At his memorial services, someone are back, as all of our colleagues know, the challenge and summon the political said when Rocky was around, everyone on the supplemental appropriations re- courage and diplomatic skills necessary to else just seemed happier; there was al- quest offered by the administration. meet it. ways more laughing. Others said he There are a number of amendments

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12486 CONGRESSIONAL RECORD — SENATE October 14, 2003 pending—as I understand it, five—and cases. But there are important domes- very concerned with the reports I have there will be other amendments offered tic priorities that ought to be ad- heard that the administration has no today. I urge colleagues to come to the dressed as well. intention of releasing its report on floor to offer their amendments and to It is our hope that through this time; that there will not be the report ensure we have adequate time by the amendment, and other amendments required by law that they will provide end of the week to dispose of those like it, we will be in a better position us with as clear an understanding of amendments that have yet to be of- to say, yes, we want to be supportive of the circumstances involving currency fered. the need to reconstruct, to provide the manipulation as they can. There is a good deal left to be done resources to Iraq, but we also need to We also ask, not only do they offer on the bill. Our focus will be on four recognize the importance of providing the report, do they present the report areas. The first will be the need for the those resources as well for important to the Congress, but that they do what President to clarify more effectively needs here at home, especially those the law also requires, which is to enter what our plan is with regard to the use involving veterans. into formal negotiations with all of of the $87 billion, the $22 billion in par- That will be the debate for the week. those countries for which we are con- ticular for reconstruction aid. Today I am hopeful that many of these cerned as it relates to currency manip- we saw yet another indication of the amendments will be adopted; that we ulation. murkiness with regard to the plan. The can improve the legislation as it was Finally, we also propose that they administration has made a decision to offered and proposed, and, at the end of pursue a section 301 trade law inves- reverse itself with regard to some of the day, we have the assurance we tigation to set the stage for WTO and the demands it was making upon the know where the money is going; that further action by the WTO in these United Nations, and, as a result, we are at least in part it will be paid for; that cases, unless first we report and, sec- perhaps more hopeful now that the it recognizes domestic priorities; and ondly, provide specific and direct bilat- U.N. could be involved. But without a that there is a plan, a recognition that eral action and then pursue the laws as plan, it makes it very difficult for us to we are not going to be there intermi- they are affected in this 301 matter. commit the resources. Simply asking nably; that we need a clear and much There is no way we can begin ad- for a plan is no substitute for the plan more precise way of analyzing our suc- dressing the very serious problems we that is required. cess or our shortcomings as we commit have with regard to the manufacturing Secondly, we want more trans- these resources for the course of the and service industry job loss we have parency. Billions and billions of dollars next several months. experienced now in the last 21⁄2 years. are being spent. Corporations, such as f October 15 is upon us. The report needs Halliburton and Bechtel and others, to be provided, and I hope the adminis- have benefited, but we have no way of CURRENCY MANIPULATION tration will follow the law and do what knowing how much, what will be the Mr. DASCHLE. Madam President, the law requires and give us the report profit. When we passed the Marshall there is another issue I wish to men- and allow us to work with them to plan 50 years ago, we had an explicit tion. It has to do with a requirement enter into formal investigations at the prohibition on profiteering. There is no by law that the administration issue a earliest possible date. explicit prohibition today. As a result, report on currency manipulation by f there is no transparency as well. I October 15. That is the law. There is a think it is critical for us to have a bet- requirement passed by the Congress, JUSTICE DEPARTMENT ter understanding for the taxpayers signed by the President, that the ad- INVESTIGATION and the Congress to know precisely ministration needs to provide a clear Mr. DASCHLE. Finally, I will talk how this money is going to be spent understanding of the circumstances, about our grave concern with regard to and who is going to benefit and how, if especially involving China and Japan. the ongoing investigation in the De- we can, avoid the wasteful expendi- We have good reason to believe there partment of Justice with regard to the tures that some have already reported. is dramatic currency manipulation un- leak of CIA agent Valerie Plame. In a The third area we want to con- derway in those two countries; perhaps letter to the administration, we have centrate on is the need for a recogni- as much as 40 percent of the current noted they need to address five specific tion that it ought to be paid for. strength of the Chinese yuan can be di- missteps we think directly hinder and Whether it is paid for in a way of rectly attributed to currency manipu- perhaps may adversely affect the out- collateralizing the money requested, if lation. come of this investigation. it is asking those at the very top of the When we passed the law, we said the First, the Department of Justice income scale to help pay—there has Congress needed, first, to receive the commenced this investigation on Fri- been no request for sacrifice on their report from the administration and, day, September 26, but did not ask the part—whether we simply make this a second, that the administration needed White House to preserve all relevant loan, recognizing that somebody is to lay out its specific plan for dealing, evidence until September 29. No one going to have to pay for this, somebody confronting, and effecting ultimately knows why. For those 4 days, the inves- is going to have to be willing to borrow this manipulation so that the extraor- tigation went on without any formal it and give it to Iraq or, the question dinary impact it is having on our trade request of the White House or anybody is, Does it merit at least consideration balances and, therefore, on our econ- else to preserve all relevant docu- that we ask Iraq to borrow the money omy could be dealt with. ments. rather than the United States? But We currently have a $103 billion trade Second, after the request, White somebody will borrow the money. That deficit with China and a $70 billion House Counsel Alberto Gonzales asked is the bottom line, and I think we need trade deficit with Japan. We have lost for yet another delay, until the fol- to recognize that point. over 2.5 million manufacturing jobs lowing day, before any of the relevant Finally, we also need to recognize just in 3 years. A lot of those jobs are evidence would have to be provided. important domestic priorities. Senator going directly to China and Japan, to This is a significant departure from MIKULSKI and Senator BOND, as I un- places in Asia. standard practice and, again, mysteri- derstand it, will be offering an amend- The hardest hit industries in the last ously inexplicable. ment to provide the resources nec- 21⁄2 years include 67,000 jobs lost in the Third, no request was made of State essary to fully fund the Veterans’ Ad- plastics industry, 15,000 jobs lost in ma- and Defense Department agencies until ministration budget for this year. We chine tool manufacturing, 21,000 jobs October 1, almost a week following the are over $1 billion short. Their message lost in tool and die manufacturing, request made of the White House. is simply that if we are going to sup- 100,000 jobs lost in furniture manufac- Again, that is completely inexplicable. port the troops, we ought to support turing, and 139,000 jobs lost in the tex- What is even more troubling is that the the veterans—the veterans who are tile manufacturing industries. Wall Street Journal reported that a re- coming home needing health care, vet- What we are suggesting is that, first, quest would be made to the Depart- erans who are now being asked to wait the administration do what the law re- ment of Defense and the State Depart- up to 6 months for health care, in some quires. I come to the floor this morning ment the very day it was done, again

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12487 tipping off all of those who may have Mr. DASCHLE. The Senator from Ne- ford that, we are told, because the had some reason to destroy evidence. vada heard me exactly right. I was in- money just is not there. We are told we Fourth, White House spokesperson terested in comments made earlier cannot afford the close to $1.9 billion Scott McClellan stated he has already today that we really do not have to our veterans need to fully fund the determined that three White House of- worry that much about the exploding Veterans’ Administration, for the ficials—Karl Rove, Lewis Libby, and deficit; that it is not that serious. Well, health needs of the veterans, the very Elliott Abrams—had not disclosed any that is not what the CBO said. people returning from Iraq today. We information. Now, he is not a member About a month ago, the Congres- are told the money is not available. We of the investigation. He has no legal sional Budget Office noted that at cur- are told the money is not available to expertise. He is the current White rent rates the debt is not sustainable; fully fund a highway bill this year. I House spokesperson, but he said he per- that we are not going to be in a posi- am told we would need somewhere in sonally made that determination and tion to provide the kind of debt service the vicinity of $30 to $40 billion to fully could announce with confidence they ultimately, within the course of the fund the highway fund. We may not be were not involved. next 10 years, if nothing changes. able to do that because I am told the That perhaps is the most troubling of The debt we have already authorized money isn’t there, so I am very trou- all. How can someone with no legal ex- is going to expire once again. We are bled. We are told we don’t have the re- pertise say with official acclamation going to have to increase the debt limit sources for funding of highways and that these individuals are not in- within the next several months. We are housing and health care in America, volved? First, he does not have the ex- told by some groups outside the CBO but we have the money to fund housing pertise. Second, if indeed that turns that we could see a total Federal debt and highways and health care in Iraq. out to be wrong, someone in the Jus- within 10 years of anywhere from 8 to That is something we have to confront tice Department is going to have to 10,000 billion dollars. a lot more effectively as we consider confront the White House and reverse That is right, 8 to 10,000 billion dol- this legislation. that pronouncement, making it all the lars. That is $8 trillion. That amounts Mr. NELSON of Florida. If the Sen- more difficult for the investigation to to somewhere in the vicinity of $70,000 ator will further yield? go forward. to $75,000 for every man, woman, and Mr. DASCHLE. I am happy to yield. Finally, the investigation continues child in the country. That is what we Mr. NELSON of Florida. Madam to be overseen by Attorney General are facing right now. President, I ask the minority leader if Ashcroft, someone who has very close For us to say we are going to exacer- he would comment further after his personal and political ties with many bate that by borrowing even more to clear statement of having five times of those who are at least subject to an provide reconstruction assistance to requested information about discrep- investigation. That, too, is extraor- Iraq is deeply troubling. They sit on ancies in the White House with regard dinarily troubling. perhaps the largest oil reserves in the to the outing of a CIA agent. If I recall, I was concerned last week when the world. It seems to me those oil reserves when this fiasco broke several weeks President said it was unlikely that any ought to at least be considered. Even ago, there was an attempt to minimize guilt could be found; that it was un- though they are not available today, at it by stating that the CIA employee likely this investigation would prove some point that oil can be tapped. If it was merely an analyst, not an opera- to be productive. That, too, sent a can be tapped, it seems to me it would tive. It is my subsequent under- chilling message to all of those who are make a lot more sense for us to standing that, to the contrary of that investigating. So these are very serious missteps collateralize that oil than to borrow minimization, the CIA agent whose that call into question whether this in- even more money, adding even greater identity was made public by someone vestigation is going to be carried out in debt to every man, woman, and child in in the administration clearly was a the deliberate, thoughtful, and thor- this country. very important operative, as reported, ough way it demands. I appreciate very much the question I believe, in the Washington Post. I think we ought to ask, Who is in of the Senator from Nevada. Would the minority leader comment control here? Why has somebody not Mr. NELSON of Florida. Will the on the seriousness of this kind of out- been appointed to provide the answers Senator yield? ing, on the seriousness of it with re- to these questions and to deal with Mr. DASCHLE. I am happy to yield gard to the security interests of the these serious missteps? They get worse. to the Senator from Florida. United States? The cloud of doubt hangs over the in- Mr. NELSON of Florida. I have a cou- Mr. DASCHLE. Madam President, I vestigation. ple of questions for the minority lead- answer the distinguished Senator from Some have suggested there may be a er. On the question of the debt, it is es- Florida that, indeed, he is correct. So coverup, but I think it is important for timated that in the fiscal year that as not to further compound the prob- us to determine the facts, get the infor- just began, October 1, we are going to lem, I have made it a practice not to mation, deal with the eroding con- end up sending more than we have reference the agency with which she fidence people have in the quality of coming in, in tax revenue this year to was associated. I think we have to be this investigation, and ultimately the tune of $600 billion. That is over very sensitive about that. bring it to a successful conclusion. half a trillion dollars. But not only was an agent outed but Mr. REID. Will the Senator yield for My question to the minority leader is an agency within the CIA was outed as a question? this. I have gotten feedback from innu- well, something that was not well Mr. DASCHLE. I am happy to yield. merable townhall meetings over this known. So the depth of damage, not Mr. REID. From the statement the past week in my State of Florida from only in exposing an individual but in Senator has made, it is my under- people who are so concerned that by exposing, as well, a kind of operation standing that out of the $87 billion the our not having the revenue and there- underway within the CIA is extraor- President has requested, the Senator fore having to borrow that, they are dinary in the magnitude of concern from South Dakota has said that some not going to be able to get the expendi- that it ought to cause all of us. $21 billion will be for the reconstruc- tures of the Federal Government in It is all the more reason this inves- tion of Iraq, not dealing with the mili- areas such as education, transpor- tigation is so critical and why we tary but for the reconstruction of Iraq, tation, and health care. Would the mi- should do all that is possible to find and that someone is going to have to nority leader comment on that? out who may be responsible. For the borrow that money. It is a question, as Mr. DASCHLE. The Senator from President to say it is unlikely we will I understood the Senator from South Florida is absolutely right. We are ever come up with who it may have Dakota, whether the taxpayers of being told we cannot fully fund the No been, I think is deeply troubling be- America will borrow that money or Child Left Behind Act, which would re- cause I think it is critical that the whether the people of Iraq, with their quire about $6.5 billion, most of which laws be upheld and those responsible be large oil reserves, will in effect borrow goes to those who are special needs prosecuted. the money. Is that in fact what the children. Over $6 billion of it goes to Mr. NELSON of Florida. If the Sen- Senator said? special needs children. We cannot af- ator will further yield, it is also this

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12488 CONGRESSIONAL RECORD — SENATE October 14, 2003 Senator’s understanding that this re- concerns is that people are uneasy with I will close with this, because I want vealing of the identity of a special the fact that $87 billion is going to be to hear from the Senator from Illinois. agent has so enraged the CIA and its spent on the occupation in Iraq when There was another bombing just a employees that even though there may there are so many needs here at home. few minutes ago in Iraq. It was the be an attempted coverup of this in the As I would break down that $87 billion bombing of the Turkish Embassy in White House, that it is likely this issue for the people in these townhall meet- Baghdad. It is clearly at first blush my will continue to bubble to the surface; ings I would point out that $67 billion impression that this is an attempt at is that the understanding of the minor- will be relatively noncontroversial be- intimidation of the Turks because they ity leader? cause that is money that goes to the have indicated they were considering Mr. DASCHLE. I have not had any support of our U.S. troops. What is at in their Parliament the sending of specific report to that regard. But the controversy is the $20 billion requested troops to assist United States troops in Senator from Florida has read many of for reconstruction in Iraq. The World Iraq. the same news reports I have read, Bank says $70 billion will be needed. So There was another bombing yester- which indicate that CIA personnel take this is the first downpayment on $70 day. We are having, on average, one this very seriously, and that to make billion, and the administration is pro- bombing a day, and/or the killing of light of it, to minimize it, to ignore it, posing that $20 billion come from the U.S. and Iraqi civilian personnel. Iraq to do whatever may be now underway United States right now. has become a magnet for terrorists. with regard to a questionable inves- What is it for? It is for building of It is clearly in America’s interests to tigative effort, is a huge mistake and roads and bridges, it is building stabilize Iraq. Yet, where is the at- sets a dangerous and very troubling schools, it is providing teachers, it is tempt of the White House and this ad- precedent as we consider situations providing training of teachers, it is ministration to reach out to the inter- similar to this in the future. providing $800 million for the restora- national community at the behest of Mr. NELSON of Florida. I thank the tion of wetlands. It is providing for all bipartisan voices in this Chamber? Senator for his comments. of the infrastructure such as water sys- Many of those bipartisan voices come Mr. DASCHLE. I thank the Senator tems and road systems and electrical from the Senate Foreign Relations Committee saying you don’t want just from Florida for his comments, and I systems. yield the floor. As I would explain this, I would see an American face as an occupier in The PRESIDING OFFICER. The Sen- people get very restive in these town- Iraq; that what you want is an inter- ator from Florida. hall meetings, for they would say: national face; that this is an inter- Mr. NELSON of Florida. Madam Well, what about our needs for restor- national problem and not just Amer- President, parliamentary inquiry: Are ing wetlands in Florida? What about ica’s problem; and we have to turn Iraq around from being a magnet for terror- we now beginning morning business our needs for building roads and ists. that has been allocated to this side of bridges and repairing roads? What It is my hope the administration will the aisle? about our needs for money going into finally start listening to Republicans The PRESIDING OFFICER. We are in education, just as the majority leader and Democrats in this Chamber who morning business and 21 minutes re- has talked about in the $6.5 billion that have not only argued but who have main for the Senator’s side of the aisle. is needed to fully fund the No Child pled for an international approach to Mr. NELSON of Florida. Madam Left Behind Act—the disadvantaged stabilize Iraq. President, I was under the under- kids. Look at the experience in Bosnia. We standing that was leader time? What about the superintendents of are finally getting Bosnia stabilized. The PRESIDING OFFICER. Leader the school systems who came to every But it has taken 8 years. The United time had expired. one of those townhall meetings and States had to go into Bosnia first. But Mr. NELSON of Florida. I see. Then, said not only did they need that kind then we were able to bring in the world in deference to my colleague, I will of assistance in their schools, but need community, including the United Na- just make a couple of comments, and resources to take care of disabled kids, tions. That can be a good model for us, then I will certainly want to hear from too? but it is also a realistic model to real- my colleague who is one of the greatest What about the IDEA legislation, of ize that it is going to take a lot of orators in this Chamber, the senior fully funding it? troops and it is going to take a lot of Senator from Illinois. The clear message that came to me time. regarding the legislation we will be The PRESIDING OFFICER. The Sen- With that somber note, I yield the considering here today on the infra- ator from Florida. floor. f structure needs in Iraq and the infra- The PRESIDING OFFICER. The Sen- structure needs of our people at home FUNDS FOR IRAQ ator from Illinois. here in America. Mr. DURBIN. Madam President, how Mr. NELSON of Florida. Madam We will be considering a number of much time is remaining in morning President, I have had a wonderful time amendments that do not have to be an business? this past week in my State of Florida, either/or question because clearly it is The PRESIDING OFFICER. There over the course of 4 days, having about in the interest of the United States to are 12 minutes remaining. 25 townhall meetings, many of those stabilize Iraq, and that we stabilize it Mr. DURBIN. Thank you very much, townhall meetings in the smaller com- politically and economically. But it Madam President. I thank the Senator munities and in some cases rural com- doesn’t have to be an either/or ques- from Florida for his comments. munities of our State. We have a State tion. Iraq is sitting on the second larg- f that has a wonderful blend of urban est deposit of oil reserves in the world. and rural. Indeed, the State of Florida, There is going to be a revenue stream JOB LOSS as we so well know in politics, is often once that oil is up and producing at Mr. DURBIN. Madam President, as a deciding factor in a Presidential race maximum capacity. There is going to Senator NELSON did, I went back to my because Florida has become a micro- be a huge revenue stream coming from State of Illinois during the past week cosm of the country as a whole, with that oil. One of the amendments we are and really went from one end of the many people moving to Florida from going to consider is the amendment to State to the other. I visited with the other parts of the country. Indeed, peo- pledge future Iraqi oil revenue to pay chambers of commerce, labor unions, ple are moving to Florida from other back the $20 billion the United States community leaders, hospital adminis- parts of the world, particularly the of America is going to provide for trators, and average people, and talked Western Hemisphere. building up the infrastructure, includ- about things that are on their minds. There have been very clear messages ing the $800 million for wetlands res- What struck me was the agenda of that have come to this Senator from toration. America is not the agenda of Congress. Florida from the people of that State That is a clear message given to me I can’t get over it. We return here to as expressed in these townhall meet- from the folks who came to these town- Washington to discuss important mat- ings in the past week. One of the clear hall meetings. ters but, frankly, ignore the essentials

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12489 as far as families and businesses across ministration is oblivious. What they erage of those already on the rolls and America. have suggested is to create one job in charging higher premiums. Businesses The number one issue, of course, is the Department of Commerce to try to in America are getting nailed with jobs. My State has been hit so hard by figure out why America is losing jobs. health insurance premiums. But back this recession. We have lost 3 million I can tell you why we are losing jobs. It to the trade issue: Every extra dollar jobs nationwide under President Bush’s is because we have an economic policy in health insurance is embedded in the administration. It is the largest loss of that has failed—tax cuts for the cost of the product that is sold. If it is private sector jobs under any President wealthy. All it has done is give us a a car or a computer, included in that since the Great Depression—the largest historic, massive deficit by taking cost is the cost of health insurance in loss of jobs under the Bush administra- money out of the Social Security trust America. And this administration, the tion since Herbert Hoover during the fund—money that could be spent on Bush administration, and this Con- Great Depression. Clearly, there has education and health care which is just gress, dominated by the Republican been a lack of economic leadership by not there. leadership, refuse to even address this this President. Clearly, his plan for the The second reason is this administra- issue. economy of America has failed. Giving tion refuses to confront trade realities. The third issue we will debate this tax cuts to the wealthiest people in I have voted to expand trade. I believe week is the war in Iraq. Now, I will re- America certainly wins applause at the in trade but only if there are rules and peat—although it is now a cliche, it is country club, but it doesn’t create jobs the rules are followed. The rules aren’t true—we will stand behind our troops on Main Street—not in Illinois, not in being followed in China. China today and give them what they need, but Florida, not in Maine, and not across has a currency valuation that gives it when we look at what this administra- America. We have seen such a dramatic a 15–40 percent advantage over any tion is proposing for the reconstruction loss of jobs in important sectors. Al- American manufacturer. Go around of Iraq, it really does betray a lack of though the manufacturing sector in your State and ask these small manu- preparation and a lack of thoughtful America only represents about 14 per- facturers. They cannot compete be- reflection on what we are dealing with. cent of the jobs in our country, 75 per- cause this administration will not con- What is the nation of Iraq? Iraq is a cent of the jobs lost under the Bush ad- front China because of political reali- nation, if we can use that term loosely, ministration have been in this manu- ties: We need China; We need them to that was conceived in the mind of a facturing sector—14 percent of the sit down with North Korea and avoid a British colonial empire. They drew a total manufacturing and 75 percent of nuclear war. So we are afraid to con- line on the map and said, We will call the Bush job loss has been in manufac- front them when it comes to trade re- this spot Iraq. We will put within those turing. It has hit my State particularly ality. We lose businesses and jobs per- borders two warring Muslim factions; hard. Illinois has lost over 123,600 man- manently because of the lack of leader- and just for good measure, let’s include ufacturing jobs since President Bush ship of this administration. That is a hundreds of thousands of Kurds who do was sworn into office, including 23,000 fact. not want to be there. And we will call this year. Frankly, those are good-pay- The second issue which I have found this Iraq. Because this situation, which ing jobs—jobs people need to raise their to be overwhelmingly and completely they called a nation, was almost un- families. They are not minimum wage ignored by this Congress and this ad- ruly and unmanageable, first they had jobs. These are jobs you count on to ministration is the cost of health in- a king, followed by a ruthless dictator. buy a home or to send a child to col- surance. I invite any of my colleagues It took that kind of iron will to main- lege. They are gone. They have gone to meet with any business leader in tain this country. overseas, primarily to China. any State in America and ask them Now this President says, with the $87 I have heard over and over as I trav- what their number-one problem is. It is billion, we are going to establish an eled across my State that it is just the not going to be the so-called ‘‘death economy, a civil society, and a democ- tip of the iceberg. A lot of people say, tax.’’ It is not going to be government racy in Iraq. Senator, you talk about manufacturing regulation. It isn’t going to be environ- Excuse me, this is a long-term under- jobs. As bad as that is, we are losing mental regulation protection. It is taking. To take a group of people with service sector jobs, too. going to be the cost of health insur- no history of nation state, with no his- I came across an illustration in ance. It is killing these businesses. tory of self-governance, and say to downstate Illinois in a medium-sized They cannot afford it any longer. They them, America can send enough money city, which I will not name for the sake tell me over and over. You know what to make you a nation, perhaps we can, of the hospital administrator who told is happening? More and more Ameri- but it will be a great expense to the me the following. If you come into my cans have been shoved off the rolls people of this country, a great expense hospital in the middle of the night and with no protection. Those who stay on to Americans who need help in their need an x ray, we will take your x ray are expected to pay more out of pocket schools. in the middle of the night in a and get less protection. What has this I heard the same thing the Senator downstate Illinois hospital. Then we administration said about the cost of from Florida heard—no child left be- will transmit it electronically to Aus- health insurance in America? Zero; hind, President Bush’s great idea. I tralia for it to be read because there is nothing; nada. This administration has voted for it. Perhaps the Senator did, no radiologist on duty. The x ray is no response when it comes to the cost too. The money is not there. It is not read in Australia for people showing up of health insurance. there because the President says we at the emergency room in downstate Il- There is one area, though, where they cannot afford it. We have to send linois. He said, When the doctors dic- have been pretty vocal. They have money to Iraq. We have to build tate the notes for the patients’ records stood up for the pharmaceutical indus- schools in Iraq. every day, those dictation tapes are try, which is one of the main drivers in I am sorry, I am one who supports sent electronically to India where they the cost of health insurance, to make foreign aid. I voted for it. I believe in are transcribed. This is a downstate sure they can continue to charge the it. But I didn’t support this war. I hospital. highest prices in the world for the most didn’t give the President the authority Go to Florida, go to Maine, or go to vulnerable Americans here at home. he asked for on the use-of-force resolu- Nevada, and ask the question, ask your That is their philosophy. Let the mar- tion. I said, and others did as well—23 people if they received a phone call last ketplace work this out. Senators voted as I did—it is easier to night about changing their long dis- I have news for them. The market- get in a war than it is to get out of it. tance telephone services. Ask them to place is working this out. Health insur- This President is learning this bitter stop and ask the person where they are ance companies exist to make a profit. lesson. He comes to us for $87 billion, calling from. Do not be surprised if They make a profit by cutting costs $20 billion for the rebuilding of Iraq. that person is calling from India. and increasing profits. That is what is And that is not even half of what we We are seeing an outmigration of happening. They have cut their costs expect will be needed. jobs from the United States—manufac- by taking sick people and pushing We are in for the long haul, to get up turing jobs and service jobs. This ad- them off the rolls and reducing the cov- every single morning, to turn on NPR

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12490 CONGRESSIONAL RECORD — SENATE October 14, 2003 and hear the news being led off by the CONCLUSION OF MORNING Let me indicate from the title of the story: Another American soldier killed BUSINESS amendment that I intend to send to the and more wounded. The PRESIDING OFFICER. Morning desk what it would do: to authorize the Just so people understand the grav- business is closed. award of the Iraqi Liberation Medal as a campaign medal for members of the ity of this, a wounded soldier is not a f flesh wound in all cases. Some of these Armed Forces who serve in Southwest EMERGENCY SUPPLEMENTAL AP- soldiers, our best and brightest in Asia in connection with Operation PROPRIATIONS FOR IRAQ AND America, have lost limbs. Their lives Iraqi Freedom. AFGHANISTAN SECURITY AND These service men and women, as we have been damaged and changed for- RECONSTRUCTION ACT, 2004 all know, have left the security of this ever. They are just listed as ‘‘wound- country and their home behind to pro- ed.’’ But those wounds go deep and The PRESIDING OFFICER (Mr. vide freedom and security for those those families and those soldiers will ENZI). Under the previous order, the who have not known it for many years. bear them for many years to come. Senate will resume consideration of S. 1689, which the clerk will report. The human cost has been substantial, That is where we are in this war in The assistant legislative clerk read over 300 American fighting men and Iraq: This President ignoring the eco- as follows: women will never come home. There nomic realities of America with the A bill, (S. 1689) making emergency supple- are over 1,200 who will return wounded, loss of jobs, ignoring what has hap- mental appropriations for Iraq and Afghani- far higher than previous conflicts. pened because of the economic policy stan security and reconstruction for the fis- I have a chart that demonstrates the that has failed, refusing to acknowl- cal year ending September 30, 2004, and for grim statistics, showing the casualties edge the cost of health insurance and other purposes. our military has incurred in recent these astronomical profits of the phar- Pending: conflicts. In Operation Desert Storm, maceutical companies, caving in to the Byrd amendment No. 1818, to impose a lim- with which we are all familiar, the cas- special interests on Capitol Hill, ignor- itation on the use of sums appropriated for ualties, total deaths were 382, killed in ing the real people, the small busi- the Iraq Relief and Reconstruction Fund. action, 143, and the wounded were 467. nesses, the families across America Byrd/Durbin amendment No. 1819, to pro- In the Kosovo campaign, there were 16 who ask us to stand up for them. In- hibit the use of Iraq Relief and Reconstruc- deaths. In Operation Iraqi Freedom, as stead, we are going to send $87 billion tion Funds for low priority activities that of last week, there were 196 killed in should not be the responsibility of U.S. tax- action, 309 total deaths, and 1,268 to Iraq to try to build an economy payers, and shift $600 million from the Iraq there. Relief and Reconstruction Fund to Defense wounds. Sadly, we should start here. Let’s Operations and Maintenance, Army, for sig- So the casualties have been signifi- build America’s economy. Let’s try to nificantly improving efforts to secure and cant. This is not a minor military ac- make sure we focus on what we need as destroy conventional weapons, such as tivity. We have over 130,000 troops in bombs, bomb materials, small arms, rocket the region. They remain to ensure that a nation. This administration has not propelled grenades, and shoulder-launched those who died and those who were done that. The American people will missiles, in Iraq. wounded did not suffer and die in vain. awaken to that. Congress should as Reid (for Stabenow) amendment No. 1823, They are also there to build a new Iraqi well. to provide emergency relief for veterans nation and to provide stability and I yield the floor. health care, school construction, health care and transportation needs in the United freedom in that nation. Mr. REID. Will the Senator from Illi- States, and to create 95,000 new jobs. The liberation of Iraq is turning out nois yield for a question? Bond/Mikulski amendment No. 1825, to pro- to be the most significant military oc- Mr. DURBIN. I am happy to yield. vide additional VA Medical Care Funds for cupation and reconstruction effort, the Department of Veterans Affairs. clearly, since the end of the Vietnam Mr. REID. There are a number of Dorgan amendment No. 1826, to require war and perhaps even before that. De- strikes going on as we speak. The lat- that Iraqi oil revenues be used to pay for re- spite their sacrifice and courage, these construction in Iraq. est started in Los Angeles with all the brave men and women will not, under transit drivers. That is a result of prob- The PRESIDING OFFICER. The current policy, be specifically recog- lems with health care. The problem democratic assistant leader. nized for their service in Iraq. Instead, with automobile manufacturers, the Mr. REID. Madam President, Senator the Department of Defense has decided other strikes going on in America in- STEVENS is not here. I am covering the to award them a Global War on Ter- volve one issue: health care. So the floor for Senator BYRD this morning. I rorism Expeditionary Medal. Senator’s statement regarding health am sure Senator STEVENS would have This issue was drawn to my attention care and this administration’s total ne- no objection to the Senator from New by an article that appeared in the glect is one of the most important do- Mexico offering an amendment. I yield Army Times and the Navy Times and mestic issues facing America today. the floor for the Senator from New the Air Force Times called ‘‘One Size I appreciate very much the Senator’s Mexico. Fits All?’’ ‘‘The Pentagon plans to statement. The PRESIDING OFFICER. The Sen- award one medal for the wars in Iraq ator from New Mexico. Mr. DURBIN. I say to the Senator and Afghanistan, and for any future AMENDMENT NO. 1830 campaigns related to the war on ter- from Nevada, through the Chair, this is Mr. BINGAMAN. I thank my col- a pervasive issue. It used to be you rorism.’’ league from Nevada. I believe this is a mistake in policy, could separate on trade and health Madam President, so there is no that our military personnel deserve care, business on one side and labor on question about the opportunity for oth- better. Accordingly, my colleagues and the other. If I took you into a room and ers to speak, I was asked if I would de- I are offering this amendment to cor- did not tell you the origin of a group in scribe my amendment first and then at rect the mistake by ensuring there is a room and you listened to a business the end of my description I will ask to authorized an Iraqi Liberation Medal group on these issues of trade and set aside the pending amendment and in lieu of this Global War on Terrorism health care, you would think you were send my amendment to the desk. That Expeditionary Medal. in the labor group. If you went to a is how I will proceed. As all who have paid attention in the labor group, you would expect to hear I intend to offer in a few minutes an Senate know, some of us did not agree some concerns about what trade policy amendment on behalf of myself, Sen- with the administration’s decision to in this country has done and what ator LUGAR, Senator LIEBERMAN, Sen- proceed in Iraq when it did, but clearly health care does. ator BAYH, Senator CLINTON, Senator we have all been united in our support I find over and over again that these DURBIN, Senator LANDRIEU, Senator of the troops. Young men and women, people are despairing. They are de- LINCOLN, Senator SMITH, and Senator both active-duty personnel and Na- spairing because they have been told REID. This is an amendment to honor tional Guard and Reserve, have come by this administration, let the market- our service men and women in Iraq who forward and done their duty. That is place solve the problem. The market- are serving far from home, far from clearly the essence of patriotism, and place has not solved the problem. family, far from friends. we all respect that.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12491 They continue to serve even though An expeditionary medal does not nec- Germany Medal, the World War II Vic- they do not know when they will be re- essarily denote any combat or any real tory Medal, the Berlin Airlift Medal, turning to their families and to their connection to that particular area of the Korean Service Medal, and the communities. They continue to serve potential combat. A campaign medal is Prisoner of War Medal, in addition to despite the tremendous hardships they designed to recognize military per- the medals I have referred to already. face and despite the constant threat to sonnel who have risked their lives or The men and women of our military their lives. are risking their lives in combat. are doing their jobs every day in Iraq. The President, of course, has agreed Obviously, all of us want to see prop- We should do our job by honoring them entirely with this view of the exem- er recognition given to our young men appropriately with a medal that is spe- plary service our men and women have and women who are in Iraq, including cific to their sacrifice and to this cam- provided. He has made many state- Army SP Joseph Hudson from my paign in Iraq. ments to that effect, and there is no home State of New Mexico, from Mr. President, I send the amendment partisan disagreement on any of that. Alamogordo, NM. He was held as a pris- to the desk and ask that it be imme- Let me put up another chart in the oner of war. The Nation was cap- diately considered. Chamber. tivated, and particularly people of my The PRESIDING OFFICER. Without During Operation Desert Storm, serv- State were captivated, as we watched objection, the pending amendments are ice members received three separate Specialist Hudson being interrogated set aside. The clerk will report. military decorations for their service: by the enemy on videotape. Asked to The legislative clerk read as follows: the Armed Forces Expeditionary divulge his military occupation, Spe- The Senator from New Mexico [Mr. BINGA- Medal; the Liberation of Kuwait Medal, cialist Hudson stared defiantly into the MAN], for himself, Mr. LUGAR, Mr. LIEBER- given by the Government of Saudi Ara- MAN, Mr. BAYH, Mrs. CLINTON, Mr. DURBIN, bia; and the Liberation of Kuwait camera and said: ‘‘I follow orders.’’ Those of us with sons and daughters Ms. LANDRIEU, Mrs. LINCOLN, Mr. SMITH, and Medal, given by the Government of Ku- Mr. REID, proposes an amendment numbered wait. Those are all three depicted on were united in worry with Specialist 1830. Hudson’s family. The entire Nation re- this chart. Mr. BINGAMAN. Mr. President, I ask joiced when he was liberated. He is just In the case of Kosovo, our service unanimous consent that reading of the one of many who deserve this special men and women received the NATO amendment be dispensed with. recognition I am arguing for today. Service Medal and the Kosovo Cam- The PRESIDING OFFICER. Without paign Medal. And those two medals are We have also asked much of our Re- serve and National Guard personnel. objection, it is so ordered. depicted on this part of the chart. The amendment is as follows: In the case of this current conflict in The reconstruction of Iraq clearly would not be possible without the com- (Purpose: To authorize the award of the Iraqi Iraq, the proposal by the administra- Liberation Medal as a campaign medal for tion is to give them the Global War on mitment and sacrifice of the 170,000 members of the Armed Forces who serve in Terrorism Expeditionary Medal, and Guard and reservists who are currently Southwest Asia in connection with Oper- that would apply to Operation Endur- on active duty. As recently as this last ation Iraqi Freedom) ing Freedom or Operation Iraqi Free- week, an additional 10,000 troops from At the appropriate place, insert the fol- dom or any operation in the Phil- Washington State and North Carolina lowing: ippines or any future global war on ter- were activated for service in Iraq. SEC. ll. (a) FINDINGS.—Congress makes rorism operation. I think this is a straightforward the following findings: The policy as it now exists would say amendment, one for which I hope we (1) According to President George W. Bush, that if you are in the military and you can have very strong support. I am Operation Iraqi Freedom was ‘‘fought for the are directed to duty in one or more of very pleased that it is being proposed cause of liberty, and for the peace of the these operations, you get this generic world . . .’’ and ‘‘to free a nation by breaking as a bipartisan amendment. My col- a dangerous and aggressive regime’’. medal which indicates you are part of leagues and I are committed to appro- (2) The military victory in Iraq has been the global war on terrorism, which we priately honoring the 200,000 or so he- characterized by President George W. Bush know is of indefinite duration and roes who have served to date or are as one of the ‘‘swiftest advances in heavy which we know is not limited by any serving in connection with the effort in arms in history’’. geographic limitation. Iraq. We believe current administra- (3) There are more than 130,000 Soldiers, There is a difference—a substantial tion policy does not properly honor Sailors, Airmen, and Marines of the United difference—between an expeditionary those personnel, and therefore we pro- States serving in the Iraqi Theater of Oper- ations, far from family and friends, and for medal on the one hand and a campaign pose that in lieu of this Global War on medal. We only need to look at an ex- an unknown duration. Terrorism Expeditionary Medal, a new (4) Since the beginning of Operation Iraqi cerpt from the U.S. Army Qualifica- decoration that characterizes the real tions for the Armed Forces Expedi- Freedom, almost 300 members of the Armed mission in Iraq—one that is distinctive Forces of the United States have died in Iraq tionary Medal and the Kosovo Cam- and honors their sacrifice, something and nearly 1,500 have been wounded in ac- paign Medal. In order to receive the in the nature of an Iraqi Liberation tion. Armed Forces Expeditionary Medal, Medal—be provided. (5) Congress has authorized and Presidents you do not need to go to war, you only Some will argue that Congress has no have issued specific decorations recognizing need to be ‘‘placed in such a position business legislating in this area. But I the sacrifice and service of the members of that, in the opinion of the Joint Chiefs the Armed Forces of the United States in the point out there is ample precedent for Korean War, the Vietnam conflict, and the of Staff, hostile action by a foreign what we are proposing. Congress has armed force was imminent even though liberation of Kuwait. been responsible for recognizing the (6) Current Department of Defense guid- it does not materialize.’’ So that is an sacrifice and courage of our military ance authorizes the award of only one expe- expeditionary medal. forces throughout history. Congress ditionary medal for overseas duty in Afghan- To earn the Kosovo Campaign Medal, has had a significant and historically istan, the Philippines, and Iraq. there was a higher standard. A mili- central role in authorizing military (7) The conflict in Iraq is significant tary member had to either ‘‘[b]e en- decorations. Our Nation’s highest deco- enough in scope and sacrifice to warrant a gaged in actual combat, or duty that is specific military decoration for the libera- rations were authorized by Congress. equally hazardous as combat duty, dur- tion of Iraq. Those include the Congressional Medal ing the Operation with armed opposi- (b) AUTHORIZATION OF AWARD OF CAMPAIGN tion, regardless of time [spent] in the of Honor, the Air Force Cross, the Navy MEDAL.—The Secretary concerned may Area of Engagement.’’ Cross, the Army’s Distinctive Service award a campaign medal of appropriate de- Many within the military agree there Cross, the Silver Star, and the Distin- sign, with ribbons and appurtenances, to any guished Flying Cross. All of those were person who serves in any capacity with the is a significant difference between an Armed Forces in the Southwest Asia region expeditionary medal and a campaign authorized by Congress. We have also authorized campaign in connection with Operation Iraqi Freedom. medal. (c) NAME OF MEDAL.—The campaign medal According to the Army Times: and liberation medals similar to what authorized by subsection (b) shall be known Campaign medals help establish an imme- is being proposed here in many cases. A as the ‘‘Iraqi Liberation Medal’’. diate rapport with individuals checking into partial list includes the Spanish War (d) PROHIBITION ON CONCURRENT AWARD OF a unit. Service Medal, the Army Occupation of GLOBAL WAR ON TERRORISM EXPEDITIONARY

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12492 CONGRESSIONAL RECORD — SENATE October 14, 2003 MEDAL.—A person who is awarded the cam- bers who engaged in combat against from the Joint Chiefs of Staff them- paign medal authorized by subsection (b) for the enemy in the area of eligibility. selves, is what I understand. service described in that subsection may not Because antiterrorism operations are They decided this current situation also be awarded the Global War on Terrorism global in nature, the area of eligibility is so global in nature that people are Expeditionary Medal for that service. (e) OTHER LIMITATIONS.—The award of the for an approved operation may be moved from one area to the other in campaign medal authorized by subsection (b) deemed to be noncontiguous. The com- terms of expertise and need, that there shall be subject to such limitations as the batant commander has authority to ought to be a medal for the period we President may prescribe. award medals for personnel deployed are in right now which is really a glob- (f) REGULATIONS.—(1) Each Secretary con- within his or her theater. There is a al war on terrorism, and as such I am cerned shall prescribe regulations on the separate medal called the Service inclined to support that concept. I will award of the campaign medal authorized by Medal that provides commanders the vote against the Bingaman amend- subsection (b). (2) The regulations prescribed under para- flexibility of recognizing supporting ment. But I have a feeling it will pass graph (1) shall not go into effect until ap- personnel and will not be restricted by because I think everyone would like to proved by the Secretary of Defense. geographical boundaries. Unlike the be on record now of recognizing the (3) The Secretary of Defense shall ensure Expeditionary Medal, the Service need for medals. that the regulations prescribed under para- Medal includes not only support for Op- That would be my last comment to graph (1) are uniform, so far as practicable. eration Enduring Freedom and Oper- the Senate. The Senator from Hawaii is (g) SECRETARY CONCERNED DEFINED.—In not here, but I do remember on two oc- this section, the term ‘‘Secretary concerned’’ ation Iraqi Freedom but also Operation means the following: Noble Eagle and airport security oper- casions when I have been with him (1) The Secretary of the Army with respect ations from September 27, 2001, to May when he has raised the question with to matters concerning members of the Army. 1, 2002. the members of the Joint Chiefs of (2) The Secretary of the Navy with respect The Department urges against the es- Staff: Where are the medals? to matters concerning members of the Navy, tablishment of an Iraqi Freedom Medal People, as they come home from a Marine Corps, and Coast Guard when it is op- for two reasons. First, it is redundant combat such as we are involved in now, erating as a service in the Navy. with the global war on terrorism medal may or may not be eligible for the Pur- (3) The Secretary of the Air Force with re- in its purpose. Second, it is divisive in ple Heart. The concept of these other spect to matters concerning members of the medals, however, has not settled down Air Force. that it values participation in Oper- (4) The Secretary of Homeland Security ation Iraqi Freedom as being more wor- yet. I think as our men and women in with respect to matters concerning members thy of individual recognition than Op- the Armed Services start coming home, of the Coast Guard when it is not operating eration Enduring Freedom. In other they should be recognized for their as a service in the Navy. words, there are people who have service with something of distinction, Mr. BINGAMAN. Mr. President, I will served in Afghanistan and Iraq, there such as the medal of the type we are not ask for the yeas and nays at this are people who have served in Afghani- talking about, either the Global War point. At an appropriate time, I will stan and not Iraq, and Iraq and not Af- on Terrorism Medal or the Expedi- ask for the yeas and nays. It is impor- ghanistan. tionary Medal, or the Service Medal, tant that the Senate go on record in The whole concept of this global war whatever it is. As a matter of fact, if support of the awarding of a medal of against terrorism is that there are also they have been there, I would give this type. I hope we can have a very combatants in the Philippines and in them all three. Redundancy is not a strong vote on its behalf. Indonesia and other places throughout crime in terms of medals for service in I suggest the absence of a quorum. the world. I don’t know how many uniform in combat, as far as I am con- The PRESIDING OFFICER. The there are, but I have been told some of cerned. But I do think it has to be sort- clerk will call the roll. the global war on terrorism medals ed out. The people who already have The legislative clerk proceeded to have been awarded. the Global War on Terrorism Medal, call the roll. The problem about the Bingaman who fought in Iraq, may want the Iraqi Mr. STEVENS. Mr. President, I ask amendment is, what happens to those medal. On the other hand, people who unanimous consent that the order for people who received those medals? Do fought in Afghanistan may very much the quorum call be rescinded. they give them back? Do they also get want the Global War on Terrorism The PRESIDING OFFICER. Without an Iraqi medal of freedom? What hap- Medal. It is something I think really objection, it is so ordered. pens to the people from Afghanistan? requires pretty cautious thought in the Mr. STEVENS. Mr. President, I have As I understand it, I could be wrong, Department of Defense and the Senate. been informed that the Department of but it covers only the Iraqi liberation I intend to join in asking for a vote on Defense does not support the Bingaman medal. the amendment at the proper time and amendment, the pending amendment Mr. REID. That is true. hope we can vote on it right after the No. 1830. It has bipartisan support. Mr. STEVENS. But not Afghanistan. vote that is set at 2:30 today, and then Let me explain to the Senate why So the best advice I can give the Sen- move on with further business of the there is opposition from the Depart- ate is this: If the Senator from New Senate. ment. At the request of the Joint Mexico wishes a vote, I certainly will The PRESIDING OFFICER. The Sen- Chiefs of Staff, Presidential Executive not oppose that and will join in re- ator from Nevada. Order 132–89, dated March 12, 2003, au- questing a vote. However, I will say no Mr. REID. Mr. President, the hour of thorized global war on terrorism, Expe- matter what happens here, whether the 12:30 is fast approaching. I am won- ditionary and Service Medals for mem- Senate approves or disapproves, the dering if we could enter into an agree- bers of the United States Armed Forces subject matter will have to be dealt ment now that that vote occur imme- who have served in military expedi- with in conference because it is a mat- diately following the vote on genetic tions to combat terrorism around the ter that has been raised, and it is of nondiscrimination? world as defined by Department regula- great significance. Mr. STEVENS. Mr. President, I tions on or after September 11, 2001. I talk too much about my own serv- would so move and ask unanimous con- This was created and tailored to rec- ice in World War II, which was sort of sent it be in order at this time to order ognize both combat and noncombat op- insignificant, but I got a CBI medal— the yeas and nays. erations not just in a single campaign China, Burma, India—but I spent only Mr. REID. And that Senator BINGA- or country but worldwide. To be eligi- a day or two in India and an hour or MAN have 2 minutes prior to the vote to ble for the Expeditionary Medal, serv- two in Burma. We all thought we speak on his amendment. ice members must have served within should have had a China medal, but the Mr. STEVENS. Mr. President, I the area of eligibility. However, ini- powers that be gave us a China-Burma- would like 2 minutes on each side. tially approved operations for Expedi- India medal. The powers that be right Mr. REID. Of course. With no amend- tionary Medals are Operation Enduring now are the Joint Chiefs of Staff. This ments in order prior to the vote. Freedom and Operation Iraqi Freedom. is not a political issue is what I am Mr. STEVENS. No other motions in Battle stars for the Expeditionary trying to tell the Senate. This is an order, and up or down on the amend- Medal are provided for service mem- issue that arose out of an initiative ment. But I would like 2 minutes for

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12493 the Senator from New Mexico and for she rushed back to the United States, And now the President wants people myself, and the vote to occur after the and just stopped at her home for a in Homeland Security tracking Ameri- already scheduled vote. I ask that it be minute, and then rushed down to be cans to punish Americans for traveling in order to ask for the yeas and nays with her son and attended to her son, in Cuba. now. who later died of brain cancer. What about homeland security? How The PRESIDING OFFICER. It is in When she finally came back to her about tracking terrorists? Let’s track order to request the yeas and nays. home, apparently there was a letter terrorists, not retired grandmothers Mr. STEVENS. I do request the yeas waiting for some long while from the who are riding bicycles. and nays. U.S. Treasury Department that said: Marshall McLuhan once said: I don’t The PRESIDING OFFICER. Is there a Oh, by the way, you traveled to Cuba always believe everything I say. I sufficient second? with a bicycle club from Canada, and thought to myself, that must surely There appears to be a sufficient sec- that was illegal, and so we are admin- have been the case in the White House ond. istering a $7,630 fine. when the President announced we are The yeas and nays were ordered. So Joan Slote, this mid 70s grand- going to take Homeland Security The PRESIDING OFFICER. Without mother—no threat to this country for Agency resources and start tracking objection, it is so ordered. The request sure—is one of those Americans who is American citizens so we can slap big is agreed to. now being punished by the U.S. Gov- fines on them for traveling into Cuba. Mr. STEVENS. Mr. President, par- ernment for travel in Cuba. This is preposterous. What on Earth liamentary inquiry. I understand the Now, we have folks down at the De- can the President be thinking? Senate will stand in recess at 12:30. partment of the Treasury in an organi- I have talked to Joan Slote. She is The PRESIDING OFFICER. Under zation called the Office of Foreign As- just one of many examples of ordinary the previous order, that is correct. sets Control, or OFAC for short—and U.S. citizens who meant absolutely no Mr. STEVENS. I yield the floor. that is the organization that is charged harm. I have talked to another retired The PRESIDING OFFICER. The Sen- with tracking money to terrorist grandmother from Wisconsin. She trav- ator from North Dakota. groups to protect our country. But in- eled to Cuba innocently and rode a bi- stead of focusing on that critically im- Mr. DORGAN. Mr. President, the leg- cycle as well. I have talked to many portant mission, OFAC officials are islation pending before the Senate is such folks. I held a hearing on this. I tracking retired grandmothers who are the emergency supplemental bill deal- had people show up who described their riding a bicycle in Cuba and try to slap ing with Iraq; and that has to do with travel to Cuba. They did not know it them with a big fine. security: security for our troops, secu- was illegal but—guess what—they have rity in Iraq. But there are other issues And now the President says: Oh, by the way, I would like to get more in- the Federal Government after them. of security that affect us in our coun- In an attempt to slap Fidel Castro, try: issues of security that deal with volved here. I want the Homeland Se- curity Department tracking these peo- we are punishing American people. We protecting our homeland. We provide are restricting the right of the Amer- critically needed funds to try to pre- ple who are traveling to Cuba. I thought our interest here in the ican people to travel. And now the vent another terrorist attack on our Senate was to fund a Homeland Secu- President gets into the act, which, I as- soil. rity agency to protect our country sume is about Florida politics, and So I was surprised, as I was traveling against the threats of terrorists, not to says, oh, by the way, I want to divert the other day, to hear the President chase little old grandmothers who take Homeland Security assets to see if we talk about using Homeland Security a bicycle trip to Cuba. can’t get tougher on people like Joan assets to track down Americans who Incidentally, OFAC finally nego- Slote. are traveling in Cuba illegally and pun- tiated with a $2,000 fine for Joan Slote. This issue involves wasted resources, ishing those Americans. After I intervened, they said: All right, that could and should be spent on real As you know, it is currently illegal the $7,600 fine we will reduce to $2,000. threats to our homeland security. for Americans to travel in Cuba, except So she sent them the money. But do Homeland security is about protecting by a license given by the U.S. Treasury you know what they did then? They this country from the threat of terror- Department. The fact is, though, that sent a collection agency after her and ists, not chasing senior citizens riding there are many Americans who do go told her they were going to begin to around on bicycles. to Cuba. Many go because they think it garnish her Social Security payments. That is where the homeland security is their right as Americans to travel Why? I do not have the foggiest idea. I assets ought to be employed. That is freely, and in many cases, they go be- guess it is just a bureaucratic mess. where the Department of the Treasury cause they are not aware that they are But I was just thinking as I was driv- assets ought to be employed, pro- breaking any rules. ing down the road the other day, hear- tecting our country from the threat of I believe the travel ban unfairly pun- ing President Bush say we have to get terrorist attacks, not chasing Joan ishes American citizens. In an attempt tough on Cuba, we are going to take Slote. My hope is that perhaps they to take a slap at Fidel Castro, it ends Homeland Security people to go chase will have another meeting at the White up restricting the right of American American tourists in Cuba. House and rethink this and finally do people to travel. Many of us here think The interesting thing is, Americans the right thing, at least meet some that makes no sense at all. can travel virtually everywhere. You basic test of common sense. When I heard the President describe can travel to Communist China. Yes, I yield the floor. his interest in having Homeland Secu- that is a communist country. You can f rity people track down American tour- travel to Vietnam. Yes, that is a com- ists traveling in Cuba, I thought I munist country. But you cannot travel RECESS would come to the floor of the Senate, to Cuba. And we are going to use The PRESIDING OFFICER. Under and talk about a grandmother named Homeland Security assets—people, the previous order, the hour of 12:30 Joan Slote. As you can see from this time, money—to go track down little having arrived, the Senate will stand picture, Joan is in her mid 70s. She is old ladies who are bicycling in Cuba? in recess until the hour of 2:15 p.m. a Senior Olympian. She is a bicyclist. Are we really threatened by the poor Thereupon, at 12:30 p.m., the Senate She bicycles all over the world. She is guy who took the ashes of his dead fa- recessed until 2:15 p.m. and reassem- in her mid 70s. And she joined a bicycle ther to Cuba, which was his father’s bled when called to order by the Pre- tour of Cuba, with a cycling club from last wish, to be sprinkled on the lawn siding Officer (Mr. VOINOVICH.) Canada. They bicycled in the country by the church where he ministered in f of Cuba for, I believe, 8 or 9 days. Cuba many years before? Joan Slote came back to this country Yes, they tracked that fellow down GENETIC INFORMATION from Cuba, and later on she was off to for taking his dad’s ashes to Cuba. NONDISCRIMINATION ACT OF 2003 Europe where she was on a bicycle They fined him $7500. The PRESIDING OFFICER. Under tour. While she was in Europe, she It is story after story after story like the previous order, the hour of 2:15 p.m. learned her son had brain cancer, and this. having arrived, the Senate will resume

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12494 CONGRESSIONAL RECORD — SENATE October 14, 2003 consideration of S. 1053, which the ator KENNEDY, Senator ENZI, and, of Senator GREGG, for prioritizing this clerk will report. course, Senator JEFFORDS, who spon- issue. It is a matter of enormous im- The assistant legislative clerk read sored this effort with me some 7 to 8 portance. I thank him and I thank Sen- as follows: years ago. I also acknowledge the pres- ator SNOWE, who has been a leader on A bill (S. 1053) to prevent discrimination ence of Representative SLAUGHTER this issue for a number of years. This on the basis of genetic information with re- from New York who has led the effort has truly been a bipartisan effort. I spect to health insurance and employment. in the House for approximately 8 years also thank our majority leader, Sen- The PRESIDING OFFICER. Under at this point. ator FRIST, also a doctor, who under- the previous order, there will be 15 This is the culmination of bipartisan stands this issue and has been very co- minutes of debate equally divided, fol- efforts over the last 8 years and over operative; Senator ENZI, who chairs a lowed by a vote on passage of the bill. the last 2 years of bipartisan negotia- subcommittee in this area of policy, Who yields time? tions where we were able to merge the has helped to advance this program. We The Senator from New Hampshire. differences between the legislation are grateful for the strong bipartisan- Mr. GREGG. Mr. President, I yield that I introduced and that was intro- ship. I wish to recognize Congress- myself such time as I may consume. duced by Senators DASCHLE and KEN- woman SLAUGHTER, who initiated the This is important legislation. It has NEDY. original legislation, and today we pay been 6 years in gestation. It is legisla- The fact is, since April of 1996, when tribute to her. tion which is not only important to our I first introduced the Genetic Non- Also, I thank our Democratic leader, research community but, more impor- discrimination Health Insurance Act, TOM DASCHLE, who, in 1997, was the tantly, it is a major piece of civil science has continued to hurdle for- first person to introduce the com- rights legislation in that it protects ward, further opening the door to early prehensive genetic discrimination pro- people in their employment and in get- detection and medical intervention gram. Our friend, Senator JEFFORDS, ting health care. through the discovery and identifica- has been an advocate for the elimi- Essentially, we are in a new world in tion of specific genes linked to diseases nation of genetic discrimination; TOM the community of health care where such as breast cancer, colon cancer, HARKIN and CHRIS DODD have been tire- you will actually be able to go to your cystic fibrosis, and Huntington’s dis- less advocates to make sure we got to doctor someday not too long from now, ease. That 1996 legislation recognized this particular day. and probably in some instances even that with the progress in the field of I am going to yield time to Senator today, and he will be able to tell you genetics accelerating at a breathtaking HARKIN in a minute. some of the most severe illnesses pro- pace, we needed to ensure that with the In 1964, this Nation passed the impor- jected for your lifetime. That is called scientific advances to come, we would tant civil rights legislation to ban dis- genetic information. It is great med- advance the treatment and prevention crimination in our society in employ- ical news that we have moved this far, of disease without advancing a new ment and public accommodations, and there is a lot that will occur that basis for discrimination. among other things. Then in 1965 we is positive as a result. Certainly everything changed with banned discrimination in voting. Then, The other side of the coin is this in- the unveiling of the first working draft in 1968, we passed legislation to ban formation could be used arbitrarily, of our entire genetic code. It became discrimination in housing. Then, under unsuspectingly, or even intentionally all the more imperative that we re- the leadership of my friend from Iowa, spond with legislation that would at to harm your employment or your ca- in 1990, the Americans with Disabilities once allow the tremendous promise of pacity to get health insurance. This Act passed to ban discrimination on this breakthrough while at the same legislation corrects that concern. It the basis of disability. We have also time protect the American people from makes it possible to continue genetics done much to eliminate discrimination the dark side of discrimination. research without people having to be Because there has been so many on ethnicity, on national origin, and concerned about the way their personal other scientific advancements this car- we have made enormous progress in genetics information may be used. ried with it, not only the prospect of discrimination on gender. We still have That is why it is important. scientific and medical discoveries, such not made enough progress on discrimi- A lot of folks have worked very hard as improved detection and earlier nation regarding gay and lesbian on this bill. Senator KENNEDY has intervention, but also the potential for issues. Today, we are continuing the worked tirelessly to pass it. Senator harm and abuse, every day since—ab- march toward equality in the United DASCHLE has worked aggressively to sent enactment of this type of legisla- States, understanding the importance pass it. Senator JEFFORDS, when he was tion—has been a day we have left the of eliminating discrimination based chairman of the committee, worked full potential of the human genome un- upon an individual’s genetic makeup, very hard. tapped. in terms of insurance and in terms of On our side of the aisle, Senator ENZI This is no solution in search of a employment. We are doing it in a way has made a major contribution in the problem. To the contrary, the very real that is going to guarantee real rem- area of employment, and Senator fear of repercussions from one’s genetic edies. This is not just legislation that SNOWE was one of the originators of the makeup was specifically brought home will be out there and say we are initiative. to me through the real-life experience against this form of discrimination; we At this point, I reserve the remainder of one of my constituents, Bonnie Lee are providing real remedies. From now of my time and yield the floor. Tucker. Bonnie wrote to me about the on, individuals will know that no mat- The PRESIDING OFFICER. The Sen- fear of having the BRCA test for breast ter what their genetic makeup or sus- ator from Massachusetts. cancer. She was in a family who had ceptibility to genetic disease, they Mr. KENNEDY. Mr. President, I see nine members with breast cancer. She may not be discriminated against in one of the primary sponsors, the Sen- herself is a survivor. She feared having the job place or in the provision of ator from Maine. I will withhold and the BRCA test because she worried it health insurance. make comments when she finishes. would ruin her daughter’s ability to ob- This is a major continuing step to- Mr. GREGG. I yield 3 minutes to the tain health insurance in the future. ward greater equality and the elimi- Senator from Maine. I ask that everybody support this nation of bigotry and discrimination in Ms. SNOWE. I thank the Senator legislation because, clearly, this is one our society. It is an important day in from New Hampshire, chairman of the of the most significant groundbreaking the Senate. I commend all of those and committee, whose guidance throughout pieces of legislation we could have in the staff for all they have done so well this process ultimately culminated in the area of medical health care. to make it possible. this most significant piece of legisla- The PRESIDING OFFICER. The Sen- I yield 31⁄2 minutes to the Senator tion. I express my appreciation to him ator from Massachusetts is recognized. from Iowa. and to the Senate majority leader, Mr. KENNEDY. I yield myself 21⁄2 Mr. HARKIN. Mr. President, I thank without whose leadership this legisla- minutes. the Senator from Massachusetts for tion would not be possible, and to the First, I thank my colleague and the time. I join with him and others in Democratic leader as well, and to Sen- friend, the chairman of the committee, thanking our leaders for bringing this

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12495 bill forward. I congratulate Senator However, genetic information brings netic information to develop treat- GREGG, chairman of our committee, challenges along with promise. The Ge- ments for these same diseases and tar- Senator KENNEDY, ranking member on netic Information Nondiscrimination get individuals with the treatment our side, Senator SNOWE, and all the Act will ensure that the promise of ge- that will work best for them. This is other Senators they have mentioned, netic information is not hindered by not science fiction—it is already begin- who have worked so hard to get us to fears about its misuse. This legislation ning to happen. this point. Again, I thank the leader- will protect individuals from discrimi- For all the promise of the genetic ship for the vote today. nation in health insurance and employ- age, there is also an inherent threat. I was present sort of at the gestation ment on the basis of genetic informa- Science has outpaced the law and period and finally the birth of the map- tion. Americans are worried, and rightly so, ping and sequencing of the human ge- I thank my colleagues on both sides that their genetic information will be nome. What a magnificent step forward of the aisle for crafting a bill that fair- used, not to improve their health, but this was in terms of our understanding ly and effectively protects people to deny them health insurance or em- of the underlying basis for many of our against genetic discrimination. In ployment. There is no information diseases and illnesses. This feat of se- doing so, we have been mindful of ex- more personal and private than genetic quencing and mapping of the 3.1 billion isting discrimination and privacy laws information and no information more base pairs of the human genome, some- and regulations. While the issue is worthy of special protection. Our ge- times called ‘‘the book of life,’’ opens complex, our objective is clear: to en- netic code is the very blueprint of our- up a world of possibilities for pre- courage people to seek genetic services selves. It is with us from birth, and to venting and curing disease. New ge- by reducing fears about the misuse or some extent it determines who we will netic tests take the concept of early unwarranted disclosure of genetic in- become. What an incredibly powerful detection and treatment of disease to formation. tool, with its vast potential to help us levels that were previously only imag- Today, we mark the 50th anniversary live healthier lives. But the nature of ined but are now scientifically pos- of Watson and Crick’s historic dis- genetic information also makes it dan- sible. Discoveries have been made covery with the passage of the Genetic gerous to the individual if used incor- about the genetic basis of many dis- Information Nondiscrimination Act. rectly. eases, such as heart disease, diabetes, With each new advance in genetic This is why so many of us, on both Parkinson’s disease, and asthma. Tests science, the significance of this legisla- sides of the aisle, saw the need several are already available for breast cancer, tion grows. By allaying fears about ge- years ago for legally enforceable rules ovarian cancer, colon cancer, and sev- netic discrimination in health insur- to maximize the potential benefits of eral other diseases. ance and in the workplace, this legisla- genetic information and minimize its But while the potential medical and tion will save lives now and in genera- potential dangers. The legislation be- health benefits of this new technology tions yet to come. fore use represents a culmination of seem limitless, they cannot be pursued (At the request of Mr. DASCHLE, the the efforts of many of us to establish without caution and safeguards against following statement was ordered to be such rules. It represents an enormous abuse, such as discrimination by health printed in the RECORD.) step forward, and I wish to acknowl- insurers or employers. The Genetic In- ∑ Mr. KERRY. Mr. President, it is high edge the hard work of everyone who formation Nondiscrimination Act, be- time we have a strong genetic informa- was involved in crafting this legisla- fore us now, addresses these possible tion protection law on the books. The tion. abuses. It establishes protections Senate bill I am voicing support for This bill provides significant new against discrimination based upon ge- today is a step in the right direction. protections against the misuse of genetic information both in health insur- However, while I am pleased to join a netic information. It ensures that ance and employment. It is a gigantic bipartisan effort to pass S. 1053, the Ge- Americans who are genetically pre- step forward, as Senator KENNEDY said, netics Information Nondiscrimination disposed to health conditions will not in making sure people are not discrimi- Act, I hold out hope that the enforce- lose or be denied health insurance, nated against simply because of what ment provisions in the bill can be jobs, or promotions based on their ge- their genes are. strengthened prior to final passage. netic makeup. Reaching an agreement While this bill doesn’t include every- The House of Representatives will soon on this legislation means that our laws thing I believe it should have included, be conducting hearings on the unani- dealing with genetic information can it is a significant step forward for the mously-passed Senate legislation and begin to catch up to the reality of our American people and for our health will be working to craft their own technological capability in the field. care system. Under this bill, individ- version of the law. I sincerely hope With these protections in place, indi- uals will finally be protected from dis- that the House works to strengthen— viduals need not feel reluctant to get crimination by health insurers or em- not weaken the bill. One area where the tests that may save or improve ployers based on genetic makeup. Ev- the bill can be strengthened is to give their lives. Although the Americans erybody will have the peace of mind to some real teeth to the enforcement with Disabilities Act, ADA, and the seek answers to questions about them- protections. If our goal of limiting dis- Health Insurance Portability and Ac- selves without fear of losing their crimination based on genetic informa- countability Act, HIPAA, took impor- health insurance or their job. tion is to be realized, we must work to tant steps towards preventing genetic I commend those leaders who have ensure that those whom we seek to discrimination, this legislation is more brought this forward and yield back protect can truly use this law to guard specifically tailored to prohibiting its whatever time I may have remaining. against discriminatory actions.∑ misuse. Health plans and health insur- Mr. ENZI. Mr. President, 50 years ago Mr. DODD. Mr. President, over the ance issuers will not be allowed to un- James Watson and Francis Crick dis- past decade, the science of genetics has derwrite, determine premiums, or de- covered the structure of the DNA mol- developed at an astonishing pace. The cide on eligibility for enrollment based ecule—the blueprint of life. Their dis- mapping of the human genome is un- on genetic information. Employers will covery laid the foundation for pre- doubtedly one of the greatest scientific not be allowed to alter hiring practices dicting and treating the hereditary dis- achievements of my lifetime. We have based on genetic information. The eases that threaten us. not even completely grasped the wide American public can feel secure in the The completion of the Human Ge- array of potential benefits that may knowledge that their genetic blueprint nome Project in April 2003 was a sig- come from our newfound genetic will not be used to harm them, that a nificant step towards this goal. Be- knowledge. Certainly, the impact on genetic marker indicating a possible cause of the work of these scientists, our health will be profound. Doctors illness later in life will not cause them we now are able to decipher the exact will be able to read our unique genetic to lose a job or health insurance. sequence of the genetic code. This blueprints and predict the likelihood of This is by no means a perfect or com- knowledge will allow earlier detection developing diseases such as cancer, Alz- plete bill. In particular, while it poses and more effective treatment of ge- heimer’s, or Parkinson’s. They will some important limitations on the col- netic illnesses. also be able to use an individual’s ge- lection of personal genetic information

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12496 CONGRESSIONAL RECORD — SENATE October 14, 2003 by insurance companies, it would allow tion is to reap the rewards of our in- we are here today to consider and pass them to collect this information, with- vestment and individuals must have this bipartisan legislation. For the out consent, once an individual is en- confidence in the results of genetic re- first time, S. 1053 will prohibit dis- rolled in a health plan. While insurers search in order to address their per- crimination against individuals based are expressly prohibited from using sonal health issues. However, as ge- on their genetic make-up in both this information for the purposes of un- netic information is increasingly re- health insurance and employment. derwriting, I am concerned that once vealed, great harm can occur. As Presi- This legislation represents a major they have this information, it may be dent Bush acknowledged in his June 23, contribution to civil rights law. It is a difficult to control how it is used and 2001 radio address: victory for consumers, health insurers who has access to it. We all know from This knowledge of the code of life has the and health care providers; and it is a experience that the difficulty of pro- potential to be abused. Employers could be victory for employees and employers. tecting information increases exponen- tempted to deny a job based on a person’s ge- The issue of genetic nondiscrimina- tially with each additional person who netic profile. Insurance companies might use tion has concerned me for many years, has access to that information. that information to deny an application for and I have been pleased to work with Let me add that, during negotiations, coverage, or charge excessive premiums. many members of the Senate to craft good faith attempts were made on both Americans have already shown that this legislation. The measure we are sides to address these concerns. Unfor- they will not fully participate in ge- considering today is the result of many tunately, we could not reach an agree- netic research or take advantage of ge- years of effort and the contributions of ment on this issue that made all par- netic technologies until they believe many individuals. It is an example of ties comfortable. As a result, the bill that they are protected against genetic the progress that can be made when falls short of offering comprehensive discrimination in health insurance and the Senate seeks to negotiate and com- privacy protection. Personal genetic employment. Without protection, pa- promise on a bipartisan basis. information is already widely avail- tients fear disclosing their family his- Together with the much deserved ex- able, and the risk of abuse is high. tory, yet this hesitancy may impact citement over the potential of genetic Health plans and employers will have the care that they and their families research there have also been long legitimate reasons for collecting ge- receive. standing concerns that genetic infor- netic information. But individuals As you recognize, genetic informa- mation, in the wrong hands, could be should be given the power to regulate tion is uniquely personal information. misused. Many people have argued that how such information is distributed, It is fundamentally different from an individual’s genetic information— and with whom it is shared. As this bill other medical information. Because ge- that might indicate a predisposition to becomes law, and I sincerely hope it netic information can be used against a particular disease—could be used to will, I will monitor closely how it is an individual and an entire family, it deny that individual health insurance implemented, and the extent to which enables a new form of discrimination. or employment opportunities. The privacy is protected. We may need to It deserves strong enforcement and promise of better health would instead revisit this issue in the future. should not be treated the same as other become a potential for greater dis- Despite this shortcoming, I support information in a medical record. crimination and disadvantage. The Ge- this bill, as it represents a vast im- In order for S. 1053 to achieve its pur- netic Information Nondiscrimination provement over current law in many pose, individuals must have confidence Act of 2003 is designed to address those ways. I hope that it will become law in in its enforceability. That confidence concerns. the very near future. We all should feel will be difficult to instill without Existing antidiscrimination law has free to make our health care decisions mechanisms such as access to a court been enacted over the years as a means based on our health care needs, not or comparable forum to seek redress of correcting long-standing abuses in based on fear. Today, we are close to for violations of the statute. In addi- voter rights, employment, housing and making that goal a reality. tion, it is important that the public education. But under current law a per- Mrs. CLINTON. Mr. President, S. 1053 feel confident that violations are un- son who has suffered employment or has the laudatory goal of prohibiting likely. This reassurance can only come health insurance discrimination be- genetic discrimination. Genetic dis- from legislating strong enforcement cause of their genetic makeup has very crimination has many victims, and and deterrence mechanisms. I would little, if any, recourse to legal rem- their stories are wrenching. There are have liked to see the enforcement edies. This legislation addresses this those who cannot get coverage, as well mechanisms and remedies in S. 1053 problem by creating new enforceable those who lost job opportunities. But I strengthened to provide for compensa- rights for individuals similar to those want to make sure we don’t forget an- tion for economic and non-economic available under existing civil rights, other category of victims—those who damages and strong punitive provi- education and fair employment law. forego important tests out of fear that sions. If there is no redress for indi- It is important to note that to date, they will be victimized. According to a vidual harm and if nominal fees are the there has not been a pattern or clear recent JAMA article, 57 percent of pa- only accountability mechanism in prevalence of genetic discrimination. tients at risk for breast and ovarian place, there is little to deter health in- But there is anecdotal evidence that cancer declined a needed genetic test surers and employers from using ge- people have refused to take genetic that could have guided prevention and netic information in violation of the tests because of their fear that the pretreatment interventions. That is why law. dictive information would lead to dis- our goal should have been jot just to However, I believe that this bill does crimination. We know the science is pass a bill, but to pass a credible bill so make a start in the direction of sup- rapidly moving forward and we are that people have enough confidence in porting the principle that advances in learning more every day about the our work to go our and get the health science should help move civilization ‘‘predictive’’ correlation between ge- services they need. forward, not to reverse our progress. netic markers and certain diseases. It Unfortunately, I am concerned that Discrimination based on genetic infor- is not difficult to imagine such dis- the enforcement provisions of S. 1053, mation would be a step backward for crimination occurring in the near fu- particularly in health insurance, are civil rights and human dignity. That is ture. So in a sense, we can take that not strong enough to accomplish the why I support action today to begin ad- rare opportunity to be ahead of the legislation’s goal. dressing this issue, and hope that in curve and enact legislation to preempt Our Nation has made significant in- the future we will reinforce today’s ac- discriminatory practices and prevent vestments in genetic research. This re- tion with improvements to secure jus- them from ever happening. search could one day lead to cures or tice and civil rights for all Americans. I believe the compromise legislation preventions for diseases such as cancer. Mr. JEFFORDS. Mr. President, to- we consider today will be successful in This investment in genetic research day’s consideration of S. 1053, the Ge- preventing abuses in the insuring of will prove futile if the result is not bet- netic Information Nondiscrimination health services and employment. How- ter health care. Individuals must par- Act, is the result of almost 6 years of ever, we must remain vigilant against ticipate in genetic research if this Na- effort, so I am especially pleased that this type of discrimination from ever

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12497 getting a foothold in our society and if Despite my concerns about the en- tion of maps of the human genome. The this measure proves insufficient and forcement and privacy provisions, I be- genome map has brought a promise of needs to be strengthened then we will lieve this legislation is a critical first improved health through revolutionary be back and that effort will have my step and look forward to working with new treatments for illness and disease. support. my colleagues to continue addressing The ultimate result of mapping the There are many Members who have the important issue of genetic dis- human genome is a complete genetic played a significant role in bringing to- crimination. blueprint, a blueprint containing the gether two different, though similar Mr. SCHUMER. Mr. President, today, most personal and most private infor- bills. My friend, Senator SNOWE, led the Senate came together to pass S. mation that any human being can one effort in which I was proud to join 1053, the Genetic Information Non- have. We will now have a wealth of together with Senators FRIST, ENZI, discrimination Act. I cast my vote in knowledge of how our countless indi- COLLINS, and HAGEL. In another effort, favor of this bill because I think it vidual traits are determined. And per- Senator DASCHLE was joined by Sen- takes an important first step in the haps more important, we will have fun- ators KENNEDY, DODD, and HARKIN. right direction. It is my view, however, damental knowledge about the genes That measure focused attention on the that the bill does not go far enough. I that can cause sickness and sometimes need for employment provisions and commend my colleagues for their ef- even death. contributed to a better understanding forts to craft a bipartisan compromise, Our personal and unique genetic in- of the many critical and complex defi- but I have serious concerns that the formation is the essence of our individ- nitions. Finally, I want to salute Sen- final bill does not include adequate en- uality. Our genetic blueprint is unique ator GREGG, who as chairman of the forcement provisions. in each of us. However, as genetic test- HELP Committee devoted his energies The Genetic Information Non- ing becomes a more frequently used to finding a middle ground that has discrimination Act prevents employers tool, we now must begin to address the made this legislation possible. and insurance companies from treating ethical and legal issues regarding dis- I am pleased at the willingness both individuals differently because of their crimination on the basis of genetic in- sides have shown to work through the genetic predispositions. It stops a formation. Questions regarding privacy many difficult aspects of this key health insurance company, for exam- and confidentiality, ownership and con- issue. Through many meetings and dis- ple, from charging an individual a trol, and consent for disclosure and use cussions we have been able to reach higher premium because her mother of genetic information need to be care- agreements on many important issues, had breast cancer. fully considered. and improve the legislation. I look for- S. 1053 does not, however, have ade- An unintended consequence of this ward to continuing this cooperative ap- quate enforcement provisions. There is new scientific revolution is the abuses proach as we move to enact this impor- no recourse for individuals who feel that have arisen as a result of our tant and landmark initiative and I that their rights under the law have gathering genetic information. Healthy urge our colleagues in the House to been violated. There is no opportunity people are being denied employment or pass it as well. This legislation is sup- for a person to hold his employer ac- health insurance because of their ge- ported by the President and it is my countable for genetic discrimination in netic information. By addressing the hope that we can enact it into law be- a court of law. The current account- issue of nondiscrimination, we are af- fore the end of this Congress. I urge all ability provisions, which consist of firming the right of an individual to of our colleagues to vote in its favor. have a measure of control over his or Mr. CORZINE. Mr. President, I am nominal fees, are not sufficient in order to protect individuals who have her personal genetic information. pleased that today the Senate is con- Genetic information only indicates a been treated unfairly because of a ge- sidering legislation designed to pro- potential susceptibility to future ill- hibit discrimination in health insur- netic predisposition. Therefore, I voted for this bill with ness. In fact, many individuals identi- ance and employment based on genetic fied as having a hereditary condition some reluctance. I was very pleased to information. are, indeed, healthy. Some people who see this issue addressed in the Senate, In the last decade, biomedical re- test positive for genetic mutations as- but concerned that the language of the searchers have made great strides in sociated with certain conditions may bill does not adequately protect the genetic research. While these discov- never develop those conditions at all. people for whom it was written. I hope eries are critical to researching treat- Genetic information does not nec- that there will be opportunities in the ments and, ultimately, discovering essarily diagnose disease; yet, many future to strengthen this bill and en- cures for many diseases, this informa- people in our society have been dis- sure the rights of victims of genetic tion also has the potential to be used criminated against because other peo- discrimination. to deny health care insurance or em- ple had access to information about Mr. DOMENICI. Mr. President, I rise ployment to an individual who has a their genes, and made determinations today in support of the Genetic Infor- genetic predisposition to an illness. based on this information that the in- mation Nondiscrimination Act of 2003, That is why we must make it illegal dividual was too risky to insure or un- a bill that will prohibit discrimination for employers and health insurers to safe to employ. discriminate against individuals on the based on genetic information with re- While the issue is complex, our objec- basis of their genetic information. spect to employment and health insur- tive is clear; people should be encour- S. 1053 is an important step, but it is ance. This bill represents much co- aged to seek genetic services and they only a first step. Any legislation ad- operation on the part of my colleagues, should not fear its discriminatory use dressing this issue must include strong and I want to recognize Senators or disclosure. The Genetic Information enforcement and deterrence mecha- SNOWE, FRIST, JEFFORDS, DASCHLE, Nondiscrimination Act is an important nisms. As this legislation moves for- KENNEDY, and also HELP Committee first step towards protecting access for ward, I hope its enforcement provisions Chairman GREGG, for all the hard work all Americans to employment and will be strengthened. Without strong done on this important issue. health services regardless of their ge- accountability provisions, there is lit- I am extremely pleased with today’s netic inheritance. There is simply no tle to deter employers and health in- passage of the Genetic Information place in the health insurance or em- surers from using genetic information Nondiscrimination Act, as it marks a ployment sector for discrimination inappropriately. great milestone for those of us involved based solely upon genetic information. In addition, I hope that when this in the Human Genome Project. It Mr. KENNEDY. How much time do I legislation is conferenced, the con- seems only a short time ago that the have? ferees will find ways to strengthen the Human Genome Project was created as The PRESIDING OFFICER. The Sen- privacy provisions. It is essential that a joint effort between the Department ator has a minute and a half. our laws keep pace with technological of Energy and the National Institutes Mr. KENNEDY. I yield myself the re- advances and that we continue to pro- of Health. What progress we have maining time. tect the privacy of our citizens. Ad- made. I ask unanimous consent that a vances in technology cannot place fun- In the last two years, there have been statement of the administration’s pol- damental American rights at risk. many events celebrating the comple- icy be printed in the RECORD.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12498 CONGRESSIONAL RECORD — SENATE October 14, 2003 There being no objection, the mate- This is truly an extraordinary break- more affordable and more common, ex- rial was ordered to be printed in the through in science, but it is important perts say, the incidence of discrimina- RECORD, as follows: that it be used right and it is impor- tion is likely to increase dramatically STATEMENT OF ADMINISTRATION POLICY tant that it not be used in a way that unless we act to prevent such discrimi- The Administration is committed to enact- may harm individuals’ economic well- nation. ment of legislation to prohibit genetic dis- being or their capacity to get health Almost two centuries ago, Thomas crimination in health insurance and employ- insurance. That is why this legislation, Jefferson, one of this country’s fore- ment. The Administration supports S. 1053, at the beginning, is so important. By most scientists and original thinkers, which would bar health insurers from deny- having it in place, we will be able to wrote that ‘‘laws and institutions must ing coverage to a healthy individual or energize even more research and more go hand in hand with the progress of charging the person higher premiums based the human mind. As . . . new discov- solely on a genetic predisposition to devel- use of the genetic information that is oping a disease in the future. The bill also available through science today. eries are made [and] new truths dis- would prohibit employers from using individ- Mr. President, I believe we are ready closed . . . institutions must advance uals’ genetic information when making hir- to vote. I yield back the remainder of also, and keep pace with the times.’’ ing, firing, job placement, or promotion deci- my time. In this age of genetic breakthroughs, sions. Mr. KENNEDY. Mr. President, I ask it is essential that our laws catch up The Administration wants to work with with the science. We can’t afford to the Congress to ensure that individuals can unanimous consent to proceed for 10 seconds. take one step forward in science but be certain that they are protected against two steps backward in civil rights. Our the improper use of genetic information. Un- The PRESIDING OFFICER. The Sen- ator has time remaining. laws must specify, clearly and unam- warranted use of genetic information, and biguously, how genetic information the fear of potential discrimination, threat- Mr. KENNEDY. I also thank Judy ens both society’s ability to use new genetic Lichtman, who is president of the Coa- may be used and how it may not be technologies to improve human health and lition for Genetic Fairness. I wanted to used. Today, after years of discussion and the ability to conduct the very research mention her name on the floor. She did negotiation, the Senate is finally needed to understand, treat, and prevent dis- a great deal of work, as well as the coa- eases. Enactment of Federal legislation will poised to pass bipartisan legislation to help guarantee that the Nation fully realizes lition. We are prepared to vote. protect all Americans against the mis- the potential of ongoing advances in genetic Mr. DASCHLE. Mr. President, a half- use and abuse of genetic information. sciences. century ago, Drs. Francis Crick and Our bill does three things: Mr. KENNEDY. Mr. President, it is James Watson discovered the structure No. 1, it forbids health insurers from important to know that President of DNA—a revolutionary breakthrough discriminating against individuals—de- Bush, in 1997, while the governor of that enabled scientists to begin unrav- nying them coverage, for instance, Texas, signed a law prohibiting genetic eling the mysteries of human life and based on genetic text results. discrimination. He also went to the Na- diseases. No. 2, it forbids employers from using tion in a radio address on June 23, 2001 Earlier this year, scientists at the genetic information to discriminate in and supported the elements included in National Human Genome Research In- hiring, or in the terms and conditions this law. We have a very strong State- stitute celebrated the completion of a of employment. ment of Administration Policy in sup- massive undertaking begun 10 years No. 3, it sets privacy standards for port of this program. earlier to map the entire human ge- access and disclosure of genetic infor- We thank the President for his netic code. mation. strong support and we will work with Our new knowledge about our genetic Genetic information should be a pri- our Republicans friends to try to make blueprint has the potential to dramati- vate matter—period. It should not be shared with employers or insurance sure this message goes to the House of cally improve our health and the qual- companies without an individual’s con- Representatives and that they respond ity of our lives. It also has the potential to destroy lives. Which of those sent. in a similar way. For years, experts have urged Con- I hope we will have an overwhelming two potentials becomes reality depends gress to pass comprehensive national vote in the Senate today. It is one of on whether and how well our laws keep standards to protect all Americans the most important bills we will con- pace with changes in technology. We know from hearings we held in from genetic discrimination. If we fail sider this Congress. to do so, the experts warn, we will al- I yield back my time. the Senate that current laws are inad- The PRESIDING OFFICER. The Sen- equate to protect Americans from ge- most certainly squander many of the enormous potential benefits of the ge- ator from New Hampshire is recog- netic discrimination. We also know that today Americans are not being netic revolution. nized. We have been trying to heed that Mr. GREGG. Mr. President, I thank tested, not taking advantage of med- warning for years. I first introduced the Senator from Massachusetts for his ical advances, and not participating in legislation prohibiting genetic dis- aggressive and effective leadership on genetic research because of their fear crimination 6 years ago. Senator this issue. I also thank the Democratic of discrimination. Their fears, unfortu- SNOWE and many other Senators on leader, who played a major role in this, nately, are not unfounded. both sides of the aisle have been work- Senator HARKIN, who has been working Almost 2 years ago, I met a man ing on this important issue for just as on this issue for many years, and, of named Dave Escher. Mr. Escher had long. After countless hours of tough course, Senator FRIST, also, because he worked for the same company for more negotiations, we have finally arrived at has made this a priority and that is than 25 years and was a good employee. a fair resolution that provides impor- why we are on the floor. This is an One day, Mr. Escher was told by his tant protections for individuals in both issue in which he obviously has a per- employer that he needed to see a com- employment and health insurance. sonal interest, with his medical back- pany doctor; if he refused, he was told Passage of this bill represents a vic- ground. he could lose his job. So Dave Escher tory for bipartisanship. But more im- We should also thank one of the saw the doctor. portantly, it is a victory for the Amer- groups that really energized this initia- However, it wasn’t until after the ican people. Discrimination based on tive of making lives better through de- doctor’s appointment—and only by ac- genetic information is just as arbi- veloping the human genome and that is cident—that Mr. Escher learned that trary, just as unacceptable, and just as the folks at NIH, led by Dr. Francis the company’s doctors had used his un-American as discrimination based Collins. They are the ones who are blood to conduct genetic tests for more on gender, race, religion, or disability. going to take this knowledge and dis- than 20 medical conditions. Like those other forms of discrimina- seminate it in a way that makes it Stories like Mr. Escher’s may be rel- tion, it should not be allowed in this available to the health community atively rare today, but experts tell us country. generally and, as a result, improve the that is largely because genetic testing Again, I thank our colleagues who lives of literally millions of Americans itself is still relatively rare, and be- have enabled us to reach this com- and potentially tens of millions of peo- cause many people are choosing not to promise and I urge all of our colleagues ple around the world. take genetic tests. As testing becomes to support it.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12499 There are a few people who deserve standing of human development, health individuals in this country and, at the special recognition. I particularly want and disease. It has the potential to same time, protect from discrimina- to thank those Senators who have been change the way we practice medicine. tion. This bill accomplishes that. working on this issue from the begin- Scientists will be able to design Again, I congratulate my colleagues ning and whose contributions were in- drugs to treat specific genes. Tissues for their leadership and persistence in valuable in reaching this compromise, and organs may be specifically engi- passing this bill. especially Senators SNOWE, KENNEDY, neered for use in transplantation. Pre- Mr. GREGG. Mr. President, I ask for HARKIN, DODD, JEFFORDS, FRIST, ventive care may potentially be based the yeas and nays. GREGG, and ENZI. in large part on genetic testing. But The PRESIDING OFFICER. Is there a I also want to thank Dr. Francis Col- this new knowledge is also fraught sufficient second? lins and the staff at NIH, as well as with risk. There is a sufficient second. Kathy Hudson, who heads up the Ge- When I first joined Senator SNOWE to Under the previous order, the bill netics and Public Policy Center at address the issue of genetic discrimina- having been read the third time, the Johns Hopkins University. Without tion, almost one-third of women of- question is, Shall the bill, as amended, their technical expertise and their de- fered a test for breast cancer risk at pass? The clerk will call the roll. terminations to help our laws keep the National Institutes of Health de- The assistant legislative clerk called pace with science, we would not be here clined, citing concerns that health in- the roll. today. surance companies would discriminate Mr. REID. I announce that the Sen- One other person who must be recog- against them. ator from Minnesota (Mr. DAYTON), the nized is our good friend in the other They were afraid that genetic infor- Senator from North Carolina (Mr. body, Congresswoman LOUISE SLAUGH- mation gathered to protect them from EDWARDS), the Senator from Massachu- TER. Her determined leadership helped disease might end up hurting their setts (Mr. KERRY), the Senator from move us forward at every step of the chances to get insurance. Connecticut (Mr. LIEBERMAN), and the way, and her tenacity and expertise Their fears were understandable. Ge- Senator from Georgia (Mr. MILLER) are will be essential to passage of this leg- netic screening is a powerful tool, and necessarily absent. islation in the House. can impart highly sensitive and very I further announce that, if present Nearly 21⁄2 years ago, in one of his personal information. The fear of ge- and voting, the Senator from Massa- weekly radio addresses, President Bush netic discrimination has the potential chusetts (Mr. KERRY) would vote joined in the call for comprehensive to prevent individuals from partici- ‘‘Yea’’. protection of genetic information. I pating in research studies, from taking The PRESIDING OFFICER (Mr. urge all of our colleagues in the Senate advantage of new genetic technologies, CRAPO). Are there any other Senators to support this well-crafted, bipartisan or even from discovering that they are in the Chamber desiring to vote? solution. I also hope that our friends in not at high risk for genetically related The result was announced—yeas 95, the House will heed the President’s illnesses. nays 0, as follows: words, follow this Senate’s actions, and As a doctor and a Senator, I believe [Rollcall Vote No. 377 Leg.] pass this bill quickly so we can get it protecting our fellow citizens from ge- YEAS—95 to the President for his signature this netic discrimination is a moral and Akaka Dodd Lott year. practical responsibility. Alexander Dole Lugar In the past, Congress has taken on Allard Domenici McCain We cannot allow the gap between Allen Dorgan McConnell science and the law to continue to the battle against discrimination, most Baucus Durbin Mikulski widen. We all have genetic markers. notably through the landmark 1964 Bayh Ensign Murkowski Civil Rights Act, the 1990 Americans Bennett Enzi Murray We are all potentially at risk of ge- Biden Feingold netic discrimination. This is not a par- with Disabilities Act, and the Health Nelson (FL) Bingaman Feinstein Nelson (NE) tisan issue. This is an urgent civil Insurance Portability and Account- Bond Fitzgerald Nickles Boxer Frist rights issue. There is no reason to wait ability Act. Pryor Breaux Graham (FL) This legislation stands squarely on Reed any longer. We have a solution. We Brownback Graham (SC) Reid ought to pass it this year. our time-tested civil rights laws, estab- Bunning Grassley Roberts Burns Gregg The PRESIDING OFFICER. The ma- lishing comprehensive, consistent, and Rockefeller jority leader. fair protections. Byrd Hagel Campbell Harkin Santorum Mr. FRIST. Mr. President, we are Genetic research will make thrilling Cantwell Hatch Sarbanes about to vote on legislation that will advances possible in the not too dis- Carper Hollings Schumer tant future, including possible cures to Chafee Hutchison Sessions provide important new protections Shelby our most vexing illnesses. Chambliss Inhofe against employment and health insur- Clinton Inouye Smith ance discrimination based on genetic But as we greet the future with new Cochran Jeffords Snowe profiling. The bill protects Americans technology and scientific discoveries, Coleman Johnson Specter from both disease and discrimination. we must take care to protect our body Collins Kennedy Stabenow Conrad Kohl Stevens We have been working on this legisla- politic from unintended and unantici- Cornyn Kyl Sununu tion for many years, and I am pleased pated consequences. I am pleased by Corzine Landrieu Talent today that the Senate is about to act. the progress we have made thus far, Craig Lautenberg Thomas I expect that today the Senate will and I congratulate each of my col- Crapo Leahy Voinovich Daschle Levin Warner overwhelmingly pass the genetic infor- leagues on their dedication to this DeWine Lincoln Wyden mation nondiscrimination bill. issue. NOT VOTING—5 I especially, commend my colleagues I strongly support the passage of this Dayton Kerry Miller Senators SNOWE, GREGG, JEFFORDS, bill. It will help protect Americans Edwards Lieberman DASCHLE, KENNEDY, ENZI, HAGEL, COL- from both discrimination and disease. LINS and DEWINE for their hard work Mr. President, this is a bill we have The bill (S. 1053), as amended, was and dedication over many years. worked on for the last 7 years. It has passed, as follows: Since we began looking at the issue allowed us to address an issue, the S. 1053 of genetic discrimination, genetic human genome and the definition of Be it enacted by the Senate and House of Rep- scholarship has advanced by leaps and the code, in advance. Everything we resentatives of the United States of America in bounds. This year, scientists, working thought back then I believe was right Congress assembled, in collaboration with the National on target. It has taken a long time to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Human Genome Research Institute at get to where we are today. It has taken (a) SHORT TITLE.—This Act may be cited as the ‘‘Genetic Information Nondiscrimination the National Institutes of Health, pub- a lot of bipartisan work among Sen- Act of 2003’’. lished a final draft of the sequence of ators on both sides of the aisle who (b) TABLE OF CONTENTS.—The table of con- the entire human genetic code. really came down to wanting to pass a tents of this Act is as follows: It’s a dazzling accomplishment that bill that did two things; that is, pro- Sec. 1. Short title; table of contents. makes possible unprecedented under- tect the health and the future health of Sec. 2. Findings.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0655 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12500 CONGRESSIONAL RECORD — SENATE October 14, 2003 TITLE I—GENETIC NONDISCRIMINATION in the area, and in the early 1970s began or a health insurance issuer offering health IN HEALTH INSURANCE mandating genetic screening of all African insurance coverage in connection with a Sec. 101. Amendments to Employee Retire- Americans for sickle cell anemia, leading to group health plan, shall not request or re- ment Income Security Act of discrimination and unnecessary fear. To al- quire an individual or a family member of 1974. leviate some of this stigma, Congress in 1972 such individual to undergo a genetic test. Sec. 102. Amendments to the Public Health passed the National Sickle Cell Anemia Con- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in Service Act. trol Act, which withholds Federal funding this part shall be construed to— Sec. 103. Amendments to the Internal Rev- from States unless sickle cell testing is vol- ‘‘(A) limit the authority of a health care enue Code of 1986. untary. professional who is providing health care Sec. 104. Amendments to title XVIII of the (4) Congress has been informed of examples services with respect to an individual to re- Social Security Act relating to of genetic discrimination in the workplace. quest that such individual or a family mem- medigap. These include the use of pre-employment ge- ber of such individual undergo a genetic test; Sec. 105. Privacy and confidentiality. netic screening at Lawrence Berkeley Lab- ‘‘(B) limit the authority of a health care Sec. 106. Assuring coordination. oratory, which led to a court decision in professional who is employed by or affiliated Sec. 107. Regulations; effective date. favor of the employees in that case Norman- with a group health plan or a health insur- Bloodsaw v. Lawrence Berkeley Laboratory (135 TITLE II—PROHIBITING EMPLOYMENT ance issuer and who is providing health care F.3d 1260, 1269 (9th Cir. 1998)). Congress clear- services to an individual as part of a bona DISCRIMINATION ON THE BASIS OF GE- ly has a compelling public interest in reliev- NETIC INFORMATION fide wellness program to notify such indi- ing the fear of discrimination and in prohib- vidual of the availability of a genetic test or Sec. 201. Definitions. iting its actual practice in employment and to provide information to such individual re- Sec. 202. Employer practices. health insurance. garding such genetic test; or Sec. 203. Employment agency practices. (5) Federal law addressing genetic dis- ‘‘(C) authorize or permit a health care pro- Sec. 204. Labor organization practices. crimination in health insurance and employ- fessional to require that an individual under- Sec. 205. Training programs. ment is incomplete in both the scope and go a genetic test. Sec. 206. Confidentiality of genetic informa- depth of its protections. Moreover, while ‘‘(d) APPLICATION TO ALL PLANS.—The pro- tion. many States have enacted some type of ge- visions of subsections (a)(1)(F), (b)(3), and (c) Sec. 207. Remedies and enforcement. netic non-discrimination law, these laws shall apply to group health plans and health Sec. 208. Disparate impact. vary widely with respect to their approach, insurance issuers without regard to section Sec. 209. Construction. application, and level of protection. Congress 732(a).’’. Sec. 210. Medical information that is not ge- has collected substantial evidence that the (c) REMEDIES AND ENFORCEMENT.—Section netic information. American public and the medical community 502 of the Employee Retirement Income Se- Sec. 211. Regulations. find the existing patchwork of State and Sec. 212. Authorization of appropriations. Federal laws to be confusing and inadequate curity Act of 1974 (29 U.S.C. 1132) is amended Sec. 213. Effective date. to protect them from discrimination. There- by adding at the end the following: ‘‘(n) ENFORCEMENT OF GENETIC NON- TITLE III—MISCELLANEOUS PROVISION fore Federal legislation establishing a na- DISCRIMINATION REQUIREMENTS.— Sec. 301. Severability. tional and uniform basic standard is necessary to fully protect the public from dis- ‘‘(1) INJUNCTIVE RELIEF FOR IRREPARABLE SEC. 2. FINDINGS. crimination and allay their concerns about HARM.—With respect to any violation of sub- Congress makes the following findings: the potential for discrimination, thereby al- section (a)(1)(F), (b)(3), or (c) of section 702, (1) Deciphering the sequence of the human lowing individuals to take advantage of ge- a participant or beneficiary may seek relief genome and other advances in genetics open netic testing, technologies, research, and under subsection 502(a)(1)(B) prior to the ex- major new opportunities for medical new therapies. haustion of available administrative rem- progress. New knowledge about the genetic edies under section 503 if it is demonstrated TITLE I—GENETIC NONDISCRIMINATION basis of illness will allow for earlier detec- to the court, by a preponderance of the evi- IN HEALTH INSURANCE tion of illnesses, often before symptoms have dence, that the exhaustion of such remedies begun. Genetic testing can allow individuals SEC. 101. AMENDMENTS TO EMPLOYEE RETIRE- would cause irreparable harm to the health MENT INCOME SECURITY ACT OF to take steps to reduce the likelihood that 1974. of the participant or beneficiary. Any deter- they will contract a particular disorder. New (a) PROHIBITION OF HEALTH DISCRIMINATION minations that already have been made knowledge about genetics may allow for the ON THE BASIS OF GENETIC INFORMATION OR GE- under section 503 in such case, or that are development of better therapies that are NETIC SERVICES.— made in such case while an action under this more effective against disease or have fewer (1) NO ENROLLMENT RESTRICTION FOR GE- paragraph is pending, shall be given due con- side effects than current treatments. These NETIC SERVICES.—Section 702(a)(1)(F) of the sideration by the court in any action under advances give rise to the potential misuse of Employee Retirement Income Security Act this subsection in such case. genetic information to discriminate in of 1974 (29 U.S.C. 1182(a)(1)(F)) is amended by ‘‘(2) EQUITABLE RELIEF FOR GENETIC NON- health insurance and employment. inserting before the period the following: DISCRIMINATION.— (2) The early science of genetics became ‘‘(including information about a request for ‘‘(A) REINSTATEMENT OF BENEFITS WHERE the basis of State laws that provided for the or receipt of genetic services by an indi- EQUITABLE RELIEF HAS BEEN AWARDED.—The sterilization of persons having presumed ge- vidual or family member of such indi- recovery of benefits by a participant or bene- netic ‘‘defects’’ such as mental retardation, vidual)’’. ficiary under a civil action under this sec- mental disease, epilepsy, blindness, and (2) NO DISCRIMINATION IN GROUP PREMIUMS tion may include an administrative penalty hearing loss, among other conditions. The BASED ON GENETIC INFORMATION.—Section under subparagraph (B) and the retroactive first sterilization law was enacted in the 702(b) of the Employee Retirement Income reinstatement of coverage under the plan in- State of Indiana in 1907. By 1981, a majority Security Act of 1974 (29 U.S.C. 1182(b)) is volved to the date on which the participant of States adopted sterilization laws to ‘‘cor- amended— or beneficiary was denied eligibility for cov- rect’’ apparent genetic traits or tendencies. (A) in paragraph (2)(A), by inserting before erage if— Many of these State laws have since been re- the semicolon the following: ‘‘except as pro- ‘‘(i) the civil action was commenced under pealed, and many have been modified to in- vided in paragraph (3)’’; and subsection (a)(1)(B); and clude essential constitutional requirements (B) by adding at the end the following: ‘‘(ii) the denial of coverage on which such of due process and equal protection. How- ‘‘(3) NO DISCRIMINATION IN GROUP PREMIUMS civil action was based constitutes a violation ever, the current explosion in the science of BASED ON GENETIC INFORMATION.—For pur- of subsection (a)(1)(F), (b)(3), or (c) of section genetics, and the history of sterilization poses of this section, a group health plan, or 702. laws by the States based on early genetic a health insurance issuer offering group ‘‘(B) ADMINISTRATIVE PENALTY.— science, compels Congressional action in this health insurance coverage in connection ‘‘(i) IN GENERAL.—An administrator who area. with a group health plan, shall not adjust fails to comply with the requirements of sub- (3) Although genes are facially neutral premium or contribution amounts for a section (a)(1)(F), (b)(3), or (c) of section 702 markers, many genetic conditions and dis- group on the basis of genetic information with respect to a participant or beneficiary orders are associated with particular racial concerning an individual in the group or a may, in an action commenced under sub- and ethnic groups and gender. Because some family member of the individual (including section (a)(1)(B), be personally liable in the genetic traits are most prevalent in par- information about a request for or receipt of discretion of the court, for a penalty in the ticular groups, members of a particular genetic services by an individual or family amount not more than $100 for each day in group may be stigmatized or discriminated member of such individual).’’. the noncompliance period. against as a result of that genetic informa- (b) LIMITATIONS ON GENETIC TESTING.—Sec- ‘‘(ii) NONCOMPLIANCE PERIOD.—For purposes tion. This form of discrimination was evi- tion 702 of the Employee Retirement Income of clause (i), the term ‘noncompliance pe- dent in the 1970s, which saw the advent of Security Act of 1974 (29 U.S.C. 1182) is amend- riod’ means the period— programs to screen and identify carriers of ed by adding at the end the following: ‘‘(I) beginning on the date that a failure sickle cell anemia, a disease which afflicts ‘‘(c) GENETIC TESTING.— described in clause (i) occurs; and African-Americans. Once again, State legis- ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- ‘‘(II) ending on the date that such failure is latures began to enact discriminatory laws ING GENETIC TESTING.—A group health plan, corrected.

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‘‘(iii) PAYMENT TO PARTICIPANT OR BENE- 1974 (29 U.S.C. 1191b(d)) is amended by adding with a group health plan, shall not adjust FICIARY.—A penalty collected under this sub- at the end the following: premium or contribution amounts for a paragraph shall be paid to the participant or ‘‘(5) FAMILY MEMBER.—The term ‘family group on the basis of genetic information beneficiary involved. member’ means with respect to an indi- concerning an individual in the group or a ‘‘(3) SECRETARIAL ENFORCEMENT AUTHOR- vidual— family member of the individual (including ITY.— ‘‘(A) the spouse of the individual; information about a request for or receipt of ‘‘(A) GENERAL RULE.—The Secretary has ‘‘(B) a dependent child of the individual, genetic services by an individual or family the authority to impose a penalty on any including a child who is born to or placed for member of such individual).’’. failure of a group health plan to meet the re- adoption with the individual; and (2) LIMITATIONS ON GENETIC TESTING.—Sec- quirements of subsection (a)(1)(F), (b)(3), or ‘‘(C) all other individuals related by blood tion 2702 of the Public Health Service Act (42 (c) of section 702. to the individual or the spouse or child de- U.S.C. 300gg–1) is amended by adding at the ‘‘(B) AMOUNT.— scribed in subparagraph (A) or (B). end the following: ‘‘(i) IN GENERAL.—The amount of the pen- ‘‘(6) GENETIC INFORMATION.— ‘‘(c) GENETIC TESTING.— alty imposed by subparagraph (A) shall be ‘‘(A) IN GENERAL.—Except as provided in ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- $100 for each day in the noncompliance pe- subparagraph (B), the term ‘genetic informa- ING GENETIC TESTING.—A group health plan, riod with respect to each individual to whom tion’ means information about— or a health insurance issuer offering health such failure relates. ‘‘(i) an individual’s genetic tests; insurance coverage in connection with a ‘‘(ii) NONCOMPLIANCE PERIOD.—For purposes ‘‘(ii) the genetic tests of family members of group health plan, shall not request or re- of this paragraph, the term ‘noncompliance the individual; or quire an individual or a family member of period’ means, with respect to any failure, ‘‘(iii) the occurrence of a disease or dis- such individual to undergo a genetic test. the period— order in family members of the individual. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘(I) beginning on the date such failure first ‘‘(B) EXCLUSIONS.—The term ‘genetic infor- this part shall be construed to— occurs; and mation’ shall not include information about ‘‘(A) limit the authority of a health care ‘‘(II) ending on the date such failure is cor- the sex or age of an individual. professional who is providing health care rected. ‘‘(7) GENETIC TEST.— services with respect to an individual to request that such individual or a family mem- ‘‘(C) MINIMUM PENALTIES WHERE FAILURE ‘‘(A) IN GENERAL.—The term ‘genetic test’ ber of such individual undergo a genetic test; DISCOVERED.—Notwithstanding clauses (i) means an analysis of human DNA, RNA, and (ii) of subparagraph (D): chromosomes, proteins, or metabolites, that ‘‘(B) limit the authority of a health care professional who is employed by or affiliated ‘‘(i) IN GENERAL.—In the case of 1 or more detects genotypes, mutations, or chromo- with a group health plan or a health insur- failures with respect to an individual— somal changes. ance issuer and who is providing health care ‘‘(I) which are not corrected before the ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ services to an individual as part of a bona date on which the plan receives a notice does not mean— fide wellness program to notify such indi- from the Secretary of such violation; and ‘‘(i) an analysis of proteins or metabolites vidual of the availability of a genetic test or ‘‘(II) which occurred or continued during that does not detect genotypes, mutations, or chromosomal changes; or to provide information to such individual re- the period involved; ‘‘(ii) an analysis of proteins or metabolites garding such genetic test; or the amount of penalty imposed by subpara- that is directly related to a manifested dis- ‘‘(C) authorize or permit a health care pro- graph (A) by reason of such failures with re- ease, disorder, or pathological condition that fessional to require that an individual under- spect to such individual shall not be less could reasonably be detected by a health go a genetic test. than $2,500. care professional with appropriate training ‘‘(d) APPLICATION TO ALL PLANS.—The pro- ‘‘(ii) HIGHER MINIMUM PENALTY WHERE VIO- and expertise in the field of medicine in- visions of subsections (a)(1)(F), (b)(3), and (c) LATIONS ARE MORE THAN DE MINIMIS.—To the volved. shall apply to group health plans and health extent violations for which any person is lia- ‘‘(8) GENETIC SERVICES.—The term ‘genetic insurance issuers without regard to section ble under this paragraph for any year are services’ means— 2721(a).’’. more than de minimis, clause (i) shall be ap- ‘‘(A) a genetic test; (3) REMEDIES AND ENFORCEMENT.—Section plied by substituting ‘$15,000’ for ‘$2,500’ with ‘‘(B) genetic counseling (such as obtaining, 2722(b) of the Public Health Service Act (42 respect to such person. interpreting, or assessing genetic informa- U.S.C. 300gg–22)(b)) is amended by adding at ‘‘(D) LIMITATIONS.— tion); or the end the following: ‘‘(i) PENALTY NOT TO APPLY WHERE FAILURE ‘‘(C) genetic education.’’. ‘‘(3) ENFORCEMENT AUTHORITY RELATING TO NOT DISCOVERED EXERCISING REASONABLE DILI- (e) REGULATIONS AND EFFECTIVE DATE.— GENETIC DISCRIMINATION.— GENCE.—No penalty shall be imposed by sub- (1) REGULATIONS.—Not later than 1 year ‘‘(A) GENERAL RULE.—In the cases de- paragraph (A) on any failure during any pe- after the date of enactment of this title, the scribed in paragraph (1), notwithstanding the riod for which it is established to the satis- Secretary of Labor shall issue final regula- provisions of paragraph (2)(C), the following faction of the Secretary that the person oth- tions in an accessible format to carry out provisions shall apply with respect to an ac- erwise liable for such penalty did not know, the amendments made by this section. tion under this subsection by the Secretary and exercising reasonable diligence would (2) EFFECTIVE DATE.—The amendments with respect to any failure of a health insur- not have known, that such failure existed. made by this section shall apply with respect ance issuer in connection with a group ‘‘(ii) PENALTY NOT TO APPLY TO FAILURES to group health plans for plan years begin- health plan, to meet the requirements of CORRECTED WITHIN CERTAIN PERIODS.—No pen- ning after the date that is 18 months after subsection (a)(1)(F), (b)(3), or (c) of section alty shall be imposed by subparagraph (A) on the date of enactment of this title. 2702. any failure if— SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH ‘‘(B) AMOUNT.— ‘‘(I) such failure was due to reasonable SERVICE ACT. ‘‘(i) IN GENERAL.—The amount of the pen- cause and not to willful neglect; and (a) AMENDMENTS RELATING TO THE GROUP alty imposed under this paragraph shall be ‘‘(II) such failure is corrected during the MARKET.— $100 for each day in the noncompliance pe- 30-day period beginning on the first date the (1) PROHIBITION OF HEALTH DISCRIMINATION riod with respect to each individual to whom person otherwise liable for such penalty ON THE BASIS OF GENETIC INFORMATION OR GE- such failure relates. knew, or exercising reasonable diligence NETIC SERVICES.— ‘‘(ii) NONCOMPLIANCE PERIOD.—For purposes would have known, that such failure existed. (A) NO ENROLLMENT RESTRICTION FOR GE- of this paragraph, the term ‘noncompliance ‘‘(iii) OVERALL LIMITATION FOR UNINTEN- NETIC SERVICES.—Section 2702(a)(1)(F) of the period’ means, with respect to any failure, TIONAL FAILURES.—In the case of failures Public Health Service Act (42 U.S.C. 300gg– the period— which are due to reasonable cause and not to 1(a)(1)(F)) is amended by inserting before the ‘‘(I) beginning on the date such failure first willful neglect, the penalty imposed by sub- period the following: ‘‘(including informa- occurs; and paragraph (A) for failures shall not exceed tion about a request for or receipt of genetic ‘‘(II) ending on the date such failure is cor- the amount equal to the lesser of— services by an individual or family member rected. ‘‘(I) 10 percent of the aggregate amount of such individual)’’. ‘‘(C) MINIMUM PENALTIES WHERE FAILURE paid or incurred by the employer (or prede- (B) NO DISCRIMINATION IN GROUP PREMIUMS DISCOVERED.—Notwithstanding clauses (i) cessor employer) during the preceding tax- BASED ON GENETIC INFORMATION.—Section and (ii) of subparagraph (D): able year for group health plans; or 2702(b) of the Public Health Service Act (42 ‘‘(i) IN GENERAL.—In the case of 1 or more ‘‘(II) $500,000. U.S.C. 300gg–1(b)) is amended— failures with respect to an individual— ‘‘(E) WAIVER BY SECRETARY.—In the case of (i) in paragraph (2)(A), by inserting before ‘‘(I) which are not corrected before the a failure which is due to reasonable cause the semicolon the following: ‘‘, except as pro- date on which the plan receives a notice and not to willful neglect, the Secretary may vided in paragraph (3)’’; and from the Secretary of such violation; and waive part or all of the penalty imposed by (ii) by adding at the end the following: ‘‘(II) which occurred or continued during subparagraph (A) to the extent that the pay- ‘‘(3) NO DISCRIMINATION IN GROUP PREMIUMS the period involved; ment of such penalty would be excessive rel- BASED ON GENETIC INFORMATION.—For pur- the amount of penalty imposed by subpara- ative to the failure involved.’’. poses of this section, a group health plan, or graph (A) by reason of such failures with re- (d) DEFINITIONS.—Section 733(d) of the Em- a health insurance issuer offering group spect to such individual shall not be less ployee Retirement Income Security Act of health insurance coverage in connection than $2,500.

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‘‘(ii) HIGHER MINIMUM PENALTY WHERE VIO- and expertise in the field of medicine in- REQUIREMENTS CONCERNING GENETIC INFOR- LATIONS ARE MORE THAN DE MINIMIS.—To the volved. MATION.—Section 2721(b)(2) of the Public extent violations for which any person is lia- ‘‘(18) GENETIC SERVICES.—The term ‘genetic Health Service Act (42 U.S. C. 300gg–21(b)(2)) ble under this paragraph for any year are services’ means— is amended— more than de minimis, clause (i) shall be ap- ‘‘(A) a genetic test; (1) in subparagraph (A), by striking ‘‘If the plied by substituting ‘$15,000’ for ‘$2,500’ with ‘‘(B) genetic counseling (such as obtaining, plan sponsor’’ and inserting ‘‘Except as pro- respect to such person. interpreting, or assessing genetic informa- vided in subparagraph (D), if the plan spon- ‘‘(D) LIMITATIONS.— tion); or sor’’; and ‘‘(i) PENALTY NOT TO APPLY WHERE FAILURE ‘‘(C) genetic education.’’. (2) by adding at the end the following: NOT DISCOVERED EXERCISING REASONABLE DILI- (b) AMENDMENT RELATING TO THE INDI- ‘‘(D) ELECTION NOT APPLICABLE TO REQUIRE- GENCE.—No penalty shall be imposed by sub- VIDUAL MARKET.— MENTS CONCERNING GENETIC INFORMATION.— paragraph (A) on any failure during any pe- (1) IN GENERAL.—The first subpart 3 of part The election described in subparagraph (A) riod for which it is established to the satis- B of title XXVII of the Public Health Service shall not be available with respect to the faction of the Secretary that the person oth- Act (42 U.S.C. 300gg–51 et seq.) (relating to provisions of subsections (a)(1)(F) and (c) of erwise liable for such penalty did not know, other requirements) is amended— section 2702 and the provisions of section and exercising reasonable diligence would (A) by redesignating such subpart as sub- 2702(b) to the extent that such provisions not have known, that such failure existed. part 2; and apply to genetic information (or information ‘‘(ii) PENALTY NOT TO APPLY TO FAILURES (B) by adding at the end the following: about a request for or the receipt of genetic CORRECTED WITHIN CERTAIN PERIODS.—No pen- ‘‘SEC. 2753. PROHIBITION OF HEALTH DISCRIMI- services by an individual or a family member alty shall be imposed by subparagraph (A) on NATION ON THE BASIS OF GENETIC of such individual).’’. any failure if— INFORMATION. (d) REGULATIONS AND EFFECTIVE DATE.— ‘‘(I) such failure was due to reasonable ‘‘(a) PROHIBITION ON GENETIC INFORMATION (1) REGULATIONS.—Not later than 1 year cause and not to willful neglect; and AS A CONDITION OF ELIGIBILITY.—A health in- after the date of enactment of this title, the ‘‘(II) such failure is corrected during the surance issuer offering health insurance cov- Secretary of Labor and the Secretary of 30-day period beginning on the first date the erage in the individual market may not es- Health and Human Services (as the case may person otherwise liable for such penalty tablish rules for the eligibility (including be) shall issue final regulations in an acces- knew, or exercising reasonable diligence continued eligibility) of any individual to sible format to carry out the amendments would have known, that such failure existed. enroll in individual health insurance cov- made by this section. ‘‘(iii) OVERALL LIMITATION FOR UNINTEN- erage based on genetic information (includ- (2) EFFECTIVE DATE.—The amendments TIONAL FAILURES.—In the case of failures ing information about a request for or re- which are due to reasonable cause and not to ceipt of genetic services by an individual or made by this section shall apply— willful neglect, the penalty imposed by sub- family member of such individual). (A) with respect to group health plans, and paragraph (A) for failures shall not exceed ‘‘(b) PROHIBITION ON GENETIC INFORMATION health insurance coverage offered in connec- the amount equal to the lesser of— IN SETTING PREMIUM RATES.—A health insur- tion with group health plans, for plan years ‘‘(I) 10 percent of the aggregate amount ance issuer offering health insurance cov- beginning after the date that is 18 months paid or incurred by the employer (or prede- erage in the individual market shall not ad- after the date of enactment of this title; and cessor employer) during the preceding tax- just premium or contribution amounts for an (B) with respect to health insurance cov- able year for group health plans; or individual on the basis of genetic informa- erage offered, sold, issued, renewed, in effect, ‘‘(II) $500,000. tion concerning the individual or a family or operated in the individual market after ‘‘(E) WAIVER BY SECRETARY.—In the case of member of the individual (including informa- the date that is 18 months after the date of a failure which is due to reasonable cause tion about a request for or receipt of genetic enactment of this title. and not to willful neglect, the Secretary may services by an individual or family member SEC. 103. AMENDMENTS TO THE INTERNAL REV- waive part or all of the penalty imposed by of such individual). ENUE CODE OF 1986. subparagraph (A) to the extent that the pay- ‘‘(c) GENETIC TESTING.— (a) PROHIBITION OF HEALTH DISCRIMINATION ment of such penalty would be excessive rel- ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- ON THE BASIS OF GENETIC INFORMATION OR GE- ative to the failure involved.’’. ING GENETIC TESTING.—A health insurance NETIC SERVICES.— (4) DEFINITIONS.—Section 2791(d) of the issuer offering health insurance coverage in (1) NO ENROLLMENT RESTRICTION FOR GE- Public Health Service Act (42 U.S.C. 300gg– the individual market shall not request or NETIC SERVICES.—Section 9802(a)(1)(F) of the 91(d)) is amended by adding at the end the require an individual or a family member of Internal Revenue Code of 1986 is amended by following: such individual to undergo a genetic test. inserting before the period the following: ‘‘(15) FAMILY MEMBER.—The term ‘family ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘(including information about a request for member’ means with respect to an indi- this part shall be construed to— or receipt of genetic services by an individual— ‘‘(A) limit the authority of a health care vidual or family member of such indi- ‘‘(A) the spouse of the individual; professional who is providing health care vidual)’’. ‘‘(B) a dependent child of the individual, services with respect to an individual to re- (2) NO DISCRIMINATION IN GROUP PREMIUMS including a child who is born to or placed for quest that such individual or a family mem- BASED ON GENETIC INFORMATION.—Section adoption with the individual; and ber of such individual undergo a genetic test; 9802(b) of the Internal Revenue Code of 1986 ‘‘(C) all other individuals related by blood ‘‘(B) limit the authority of a health care is amended— to the individual or the spouse or child de- professional who is employed by or affiliated (A) in paragraph (2)(A), by inserting before scribed in subparagraph (A) or (B). with a health insurance issuer and who is the semicolon the following: ‘‘, except as pro- ‘‘(16) GENETIC INFORMATION.— providing health care services to an indi- vided in paragraph (3)’’; and ‘‘(A) IN GENERAL.—Except as provided in vidual as part of a bona fide wellness pro- (B) by adding at the end the following: subparagraph (B), the term ‘genetic informa- gram to notify such individual of the avail- ‘‘(3) NO DISCRIMINATION IN GROUP PREMIUMS tion’ means information about— ability of a genetic test or to provide infor- BASED ON GENETIC INFORMATION.—For pur- ‘‘(i) an individual’s genetic tests; mation to such individual regarding such ge- poses of this section, a group health plan ‘‘(ii) the genetic tests of family members of netic test; or shall not adjust premium or contribution the individual; or ‘‘(C) authorize or permit a health care pro- amounts for a group on the basis of genetic ‘‘(iii) the occurrence of a disease or dis- fessional to require that an individual under- information concerning an individual in the order in family members of the individual. go a genetic test.’’. group or a family member of the individual ‘‘(B) EXCLUSIONS.—The term ‘genetic infor- (2) REMEDIES AND ENFORCEMENT.—Section (including information about a request for or mation’ shall not include information about 2761(b) of the Public Health Service Act (42 receipt of genetic services by an individual the sex or age of an individual. U.S.C. 300gg–61)(b)) is amended to read as fol- or family member of such individual).’’. ‘‘(17) GENETIC TEST.— lows: ‘‘(A) IN GENERAL.—The term ‘genetic test’ ‘‘(b) SECRETARIAL ENFORCEMENT AUTHOR- (b) LIMITATIONS ON GENETIC TESTING.—Sec- means an analysis of human DNA, RNA, ITY.—The Secretary shall have the same au- tion 9802 of the Internal Revenue Code of 1986 chromosomes, proteins, or metabolites, that thority in relation to enforcement of the is amended by adding at the end the fol- detects genotypes, mutations, or chromo- provisions of this part with respect to issuers lowing: somal changes. of health insurance coverage in the indi- ‘‘(d) GENETIC TESTING AND GENETIC SERV- ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ vidual market in a State as the Secretary ICES.— does not mean— has under section 2722(b)(2), and section ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- ‘‘(i) an analysis of proteins or metabolites 2722(b)(3) with respect to violations of ge- ING GENETIC TESTING.—A group health plan that does not detect genotypes, mutations, netic nondiscrimination provisions, in rela- shall not request or require an individual or or chromosomal changes; or tion to the enforcement of the provisions of a family member of such individual to under- ‘‘(ii) an analysis of proteins or metabolites part A with respect to issuers of health in- go a genetic test. that is directly related to a manifested dis- surance coverage in the small group market ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ease, disorder, or pathological condition that in the State.’’. this part shall be construed to— could reasonably be detected by a health (c) ELIMINATION OF OPTION OF NON-FEDERAL ‘‘(A) limit the authority of a health care care professional with appropriate training GOVERNMENTAL PLANS TO BE EXCEPTED FROM professional who is providing health care

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12503 services with respect to an individual to re- ‘‘(E)(i) An issuer of a medicare supple- care professional with appropriate training quest that such individual or a family mem- mental policy shall not deny or condition and expertise in the field of medicine in- ber of such individual undergo a genetic test; the issuance or effectiveness of the policy, volved. ‘‘(B) limit the authority of a health care and shall not discriminate in the pricing of ‘‘(D) GENETIC SERVICES.—The term ‘genetic professional who is employed by or affiliated the policy (including the adjustment of pre- services’ means— with a group health plan and who is pro- mium rates) of an eligible individual on the ‘‘(i) a genetic test; viding health care services to an individual basis of genetic information concerning the ‘‘(ii) genetic counseling (such as obtaining, as part of a bona fide wellness program to individual (or information about a request interpreting, or assessing genetic informa- notify such individual of the availability of a for, or the receipt of, genetic services by tion); or genetic test or to provide information to such individual or family member of such in- ‘‘(iii) genetic education. such individual regarding such genetic test; dividual). ‘‘(E) ISSUER OF A MEDICARE SUPPLEMENTAL or ‘‘(ii) For purposes of clause (i), the terms POLICY.—The term ‘issuer of a medicare sup- ‘‘(C) authorize or permit a health care pro- ‘family member’, ‘genetic services’, and ‘ge- plemental policy’ includes a third-party ad- fessional to require that an individual under- netic information’ shall have the meanings ministrator or other person acting for or on go a genetic test. given such terms in subsection (v).’’. behalf of such issuer.’’. ‘‘(e) APPLICATION TO ALL PLANS.—The pro- (2) EFFECTIVE DATE.—The amendment (2) CONFORMING AMENDMENT.—Section visions of subsections (a)(1)(F), (b)(3), and (d) made by paragraph (1) shall apply with re- 1882(o) of the Social Security Act (42 U.S.C. shall apply to group health plans and health spect to a policy for policy years beginning 1395ss(o)) is amended by adding at the end insurance issuers without regard to section after the date that is 18 months after the the following: 9831(a)(2).’’. date of enactment of this Act. ‘‘(4) The issuer of the medicare supple- (c) DEFINITIONS.—Section 9832(d) of the In- (b) LIMITATIONS ON GENETIC TESTING.— mental policy complies with subsection ternal Revenue Code of 1986 is amended by (1) IN GENERAL.—Section 1882 of the Social (s)(2)(E) and subsection (v).’’. adding at the end the following: Security Act (42 U.S.C. 1395ss) is amended by (3) EFFECTIVE DATE.—The amendments ‘‘(6) FAMILY MEMBER.—The term ‘family adding at the end the following: made by this subsection shall apply with remember’ means with respect to an indi- ‘‘(v) LIMITATIONS ON GENETIC TESTING.— spect to an issuer of a medicare supple- vidual— ‘‘(1) GENETIC TESTING.— mental policy for policy years beginning on ‘‘(A) the spouse of the individual; ‘‘(A) LIMITATION ON REQUESTING OR REQUIR- or after the date that is 18 months after the ‘‘(B) a dependent child of the individual, ING GENETIC TESTING.—An issuer of a medi- date of enactment of this Act. including a child who is born to or placed for care supplemental policy shall not request or (c) TRANSITION PROVISIONS.— adoption with the individual; and require an individual or a family member of (1) IN GENERAL.—If the Secretary of Health ‘‘(C) all other individuals related by blood such individual to undergo a genetic test. and Human Services identifies a State as re- to the individual or the spouse or child de- ‘‘(B) RULE OF CONSTRUCTION.—Nothing in quiring a change to its statutes or regula- scribed in subparagraph (A) or (B). this title shall be construed to— tions to conform its regulatory program to ‘‘(7) GENETIC SERVICES.—The term ‘genetic ‘‘(i) limit the authority of a health care the changes made by this section, the State services’ means— professional who is providing health care regulatory program shall not be considered ‘‘(A) a genetic test; services with respect to an individual to re- to be out of compliance with the require- ‘‘(B) genetic counseling (such as obtaining, quest that such individual or a family mem- ments of section 1882 of the Social Security interpreting, or assessing genetic informa- ber of such individual undergo a genetic test; Act due solely to failure to make such tion); or ‘‘(ii) limit the authority of a health care change until the date specified in paragraph ‘‘(C) genetic education. professional who is employed by or affiliated (4). ‘‘(8) GENETIC INFORMATION.— with an issuer of a medicare supplemental (2) NAIC STANDARDS.—If, not later than ‘‘(A) IN GENERAL.—Except as provided in policy and who is providing health care serv- June 30, 2004, the National Association of In- subparagraph (B), the term ‘genetic informa- ices to an individual as part of a bona fide surance Commissioners (in this subsection tion’ means information about— wellness program to notify such individual of referred to as the ‘‘NAIC’’) modifies its NAIC ‘‘(i) an individual’s genetic tests; the availability of a genetic test or to pro- Model Regulation relating to section 1882 of ‘‘(ii) the genetic tests of family members of vide information to such individual regard- the Social Security Act (referred to in such the individual; or ing such genetic test; or section as the 1991 NAIC Model Regulation, ‘‘(iii) the occurrence of a disease or dis- ‘‘(iii) authorize or permit a health care as subsequently modified) to conform to the order in family members of the individual. professional to require that an individual un- amendments made by this section, such re- ‘‘(B) EXCLUSIONS.—The term ‘genetic infor- dergo a genetic test. vised regulation incorporating the modifica- mation’ shall not include information about ‘‘(2) DEFINITIONS.—In this subsection: tions shall be considered to be the applicable the sex or age of an individual. ‘‘(A) FAMILY MEMBER.—The term ‘family NAIC model regulation (including the re- ‘‘(9) GENETIC TEST.— member’ means with respect to an indi- vised NAIC model regulation and the 1991 ‘‘(A) IN GENERAL.—The term ‘genetic test’ vidual— NAIC Model Regulation) for the purposes of means an analysis of human DNA, RNA, ‘‘(i) the spouse of the individual; such section. chromosomes, proteins, or metabolites, that ‘‘(ii) a dependent child of the individual, (3) SECRETARY STANDARDS.—If the NAIC detects genotypes, mutations, or chromo- including a child who is born to or placed for does not make the modifications described in somal changes. adoption with the individual; or paragraph (2) within the period specified in ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ ‘‘(iii) any other individuals related by such paragraph, the Secretary of Health and does not mean— blood to the individual or to the spouse or Human Services shall, not later than Octo- ‘‘(i) an analysis of proteins or metabolites child described in clause (i) or (ii). ber 1, 2004, make the modifications described that does not detect genotypes, mutations, ‘‘(B) GENETIC INFORMATION.— in such paragraph and such revised regula- or chromosomal changes; or ‘‘(i) IN GENERAL.—Except as provided in tion incorporating the modifications shall be ‘‘(ii) an analysis of proteins or metabolites clause (ii), the term ‘genetic information’ considered to be the appropriate regulation that is directly related to a manifested dis- means information about— for the purposes of such section. ease, disorder, or pathological condition that ‘‘(I) an individual’s genetic tests; (4) DATE SPECIFIED.— could reasonably be detected by a health ‘‘(II) the genetic tests of family members (A) IN GENERAL.—Subject to subparagraph care professional with appropriate training of the individual; or (B), the date specified in this paragraph for a and expertise in the field of medicine in- ‘‘(III) the occurrence of a disease or dis- State is the earlier of— volved.’’. order in family members of the individual. (i) the date the State changes its statutes (d) REGULATIONS AND EFFECTIVE DATE.— ‘‘(ii) EXCLUSIONS.—The term ‘genetic infor- or regulations to conform its regulatory pro- (1) REGULATIONS.—Not later than 1 year mation’ shall not include information about gram to the changes made by this section, or after the date of enactment of this title, the the sex or age of an individual. (ii) October 1, 2004. Secretary of the Treasury shall issue final ‘‘(C) GENETIC TEST.— (B) ADDITIONAL LEGISLATIVE ACTION RE- regulations in an accessible format to carry ‘‘(i) IN GENERAL.—The term ‘genetic test’ QUIRED.—In the case of a State which the out the amendments made by this section. means an analysis of human DNA, RNA, Secretary identifies as— (2) EFFECTIVE DATE.—The amendments chromosomes, proteins, or metabolites, that (i) requiring State legislation (other than made by this section shall apply with respect detects genotypes, mutations, or chromo- legislation appropriating funds) to conform to group health plans for plan years begin- somal changes. its regulatory program to the changes made ning after the date that is 18 months after ‘‘(ii) EXCEPTIONS.—The term ‘genetic test’ in this section, but the date of enactment of this title. does not mean— (ii) having a legislature which is not sched- SEC. 104. AMENDMENTS TO TITLE XVIII OF THE ‘‘(I) an analysis of proteins or metabolites SOCIAL SECURITY ACT RELATING TO that does not detect genotypes, mutations, uled to meet in 2004 in a legislative session MEDIGAP. or chromosomal changes; or in which such legislation may be considered, (a) NONDISCRIMINATION.— ‘‘(II) an analysis of proteins or metabolites the date specified in this paragraph is the (1) IN GENERAL.—Section 1882(s)(2) of the that is directly related to a manifested dis- first day of the first calendar quarter begin- Social Security Act (42 U.S.C. 1395ss(s)(2)) is ease, disorder, or pathological condition that ning after the close of the first legislative amended by adding at the end the following: could reasonably be detected by a health session of the State legislature that begins

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on or after July 1, 2004. For purposes of the (d) APPLICATION OF CONFIDENTIALITY Services, and the Secretary of Labor shall previous sentence, in the case of a State that STANDARDS.—The provisions of subsections ensure, through the execution of an inter- has a 2-year legislative session, each year of (b) and (c) shall not apply— agency memorandum of understanding such session shall be deemed to be a separate (1) to group health plans, health insurance among such Secretaries, that— regular session of the State legislature. issuers, or issuers of medicare supplemental (1) regulations, rulings, and interpreta- SEC. 105. PRIVACY AND CONFIDENTIALITY. policies that are not otherwise covered under tions issued by such Secretaries relating to (a) APPLICABILITY.—Except as provided in the regulations promulgated by the Sec- the same matter over which two or more subsection (d), the provisions of this section retary of Health and Human Services under such Secretaries have responsibility under shall apply to group health plans, health in- part C of title XI of the Social Security Act this title (and the amendments made by this surance issuers (including issuers in connec- (42 U.S.C. 1320d et seq.) and section 264 of the title) are administered so as to have the tion with group health plans or individual Health Insurance Portability and Account- same effect at all times; and health coverage), and issuers of medicare ability Act of 1996 (42 U.S.C. 1320d–2 note); (2) coordination of policies relating to en- supplemental policies, without regard to— and forcing the same requirements through such (1) section 732(a) of the Employee Retire- (2) to genetic information that is not con- Secretaries in order to have a coordinated ment Income Security Act of 1974 (29 U.S.C. sidered to be individually-identifiable health enforcement strategy that avoids duplica- 1191a(a)); information under the regulations promul- tion of enforcement efforts and assigns prior- (2) section 2721(a) of the Public Health gated by the Secretary of Health and Human ities in enforcement. Service Act (42 U.S.C. 300gg–21(a)); and Services under part C of title XI of the So- (b) AUTHORITY OF THE SECRETARY.—The (3) section 9831(a)(2) of the Internal Rev- cial Security Act (42 U.S.C. 1320d et seq.) and Secretary of Health and Human Services has enue Code of 1986. section 264 of the Health Insurance Port- the sole authority to promulgate regulations (b) COMPLIANCE WITH CERTAIN CONFIDEN- ability and Accountability Act of 1996 (42 to implement section 105. TIALITY STANDARDS WITH RESPECT TO GE- U.S.C. 1320d–2 note). SEC. 107. REGULATIONS; EFFECTIVE DATE. NETIC INFORMATION.— (e) ENFORCEMENT.—A group health plan, (a) REGULATIONS.—Not later than 1 year (1) IN GENERAL.—The regulations promul- health insurance issuer, or issuer of a medi- after the date of enactment of this title, the gated by the Secretary of Health and Human care supplemental policy that violates a pro- Secretary of Labor, the Secretary of Health Services under part C of title XI of the So- vision of this section shall be subject to the and Human Services, and the Secretary of cial Security Act (42 U.S.C. 1320d et seq.) and penalties described in sections 1176 and 1177 the Treasury shall issue final regulations in section 264 of the Health Insurance Port- of the Social Security Act (42 U.S.C. 1320d–5 an accessible format to carry out this title. ability and Accountability Act of 1996 (42 and 1320d–6) in the same manner and to the (b) EFFECTIVE DATE.—Except as provided in U.S.C. 1320d–2 note) shall apply to the use or same extent that such penalties apply to vio- section 104, the amendments made by this disclosure of genetic information. lations of part C of title XI of such Act. title shall take effect on the date that is 18 (2) PROHIBITION ON UNDERWRITING AND PRE- (f) PREEMPTION.— months after the date of enactment of this MIUM RATING.—Notwithstanding paragraph (1) IN GENERAL.—A provision or require- Act. (1), a group health plan, a health insurance ment under this section or a regulation pro- TITLE II—PROHIBITING EMPLOYMENT issuer, or issuer of a medicare supplemental mulgated under this section shall supersede DISCRIMINATION ON THE BASIS OF GE- policy shall not use or disclose genetic infor- any contrary provision of State law unless NETIC INFORMATION mation (including information about a re- such provision of State law imposes require- SEC. 201. DEFINITIONS. quest for or a receipt of genetic services by ments, standards, or implementation speci- In this title: an individual or family member of such indi- fications that are more stringent than the (1) COMMISSION.—The term ‘‘Commission’’ vidual) for purposes of underwriting, deter- requirements, standards, or implementation means the Equal Employment Opportunity minations of eligibility to enroll, premium specifications imposed under this section or Commission as created by section 705 of the rating, or the creation, renewal or replace- such regulations. No penalty, remedy, or Civil Rights Act of 1964 (42 U.S.C. 2000e–4). ment of a plan, contract or coverage for cause of action to enforce such a State law (2) EMPLOYEE; EMPLOYER; EMPLOYMENT health insurance or health benefits. that is more stringent shall be preempted by AGENCY; LABOR ORGANIZATION; MEMBER.— (c) PROHIBITION ON COLLECTION OF GENETIC this section. (A) IN GENERAL.—The term ‘‘employee’’ INFORMATION.— (2) RULE OF CONSTRUCTION.—Nothing in means— (1) IN GENERAL.—A group health plan, paragraph (1) shall be construed to establish (i) an employee (including an applicant), as health insurance issuer, or issuer of a medi- a penalty, remedy, or cause of action under defined in section 701(f) of the Civil Rights care supplemental policy shall not request, State law if such penalty, remedy, or cause Act of 1964 (42 U.S.C. 2000e(f)); require, or purchase genetic information (in- of action is not otherwise available under (ii) a State employee (including an appli- cluding information about a request for or a such State law. cant) described in section 304(a) of the Gov- receipt of genetic services by an individual (g) COORDINATION WITH PRIVACY REGULA- ernment Employee Rights Act of 1991 (42 or family member of such individual) for TIONS.—The Secretary shall implement and U.S.C. 2000e–16c(a)); purposes of underwriting, determinations of administer this section in a manner that is (iii) a covered employee (including an ap- eligibility to enroll, premium rating, or the consistent with the implementation and ad- plicant), as defined in section 101 of the Con- creation, renewal or replacement of a plan, ministration by the Secretary of the regula- gressional Accountability Act of 1995 (2 contract or coverage for health insurance or tions promulgated by the Secretary of U.S.C. 1301); health benefits. Health and Human Services under part C of (iv) a covered employee (including an ap- (2) LIMITATION RELATING TO THE COLLECTION title XI of the Social Security Act (42 U.S.C. plicant), as defined in section 411(c) of title 3, OF GENETIC INFORMATION PRIOR TO ENROLL- 1320d et seq.) and section 264 of the Health United States Code; or MENT.—A group health plan, health insur- Insurance Portability and Accountability (v) an employee or applicant to which sec- ance issuer, or issuer of a medicare supple- Act of 1996 (42 U.S.C. 1320d–2 note). tion 717(a) of the Civil Rights Act of 1964 (42 mental policy shall not request, require, or (h) DEFINITIONS.—In this section: U.S.C. 2000e–16(a)) applies. purchase genetic information (including in- (1) GENETIC INFORMATION; GENETIC SERV- (B) EMPLOYER.—The term ‘‘employer’’ formation about a request for or a receipt of ICES.—The terms ‘‘family member’’, ‘‘genetic means— genetic services by an individual or family information’’, ‘‘genetic services’’, and ‘‘ge- (i) an employer (as defined in section 701(b) member of such individual) concerning a par- netic test’’ have the meanings given such of the Civil Rights Act of 1964 (42 U.S.C. ticipant, beneficiary, or enrollee prior to the terms in section 2791 of the Public Health 2000e(b)); enrollment, and in connection with such en- Service Act (42 U.S.C. 300gg–91), as amended (ii) an entity employing a State employee rollment, of such individual under the plan, by this Act. described in section 304(a) of the Government coverage, or policy. (2) GROUP HEALTH PLAN; HEALTH INSURANCE Employee Rights Act of 1991; (3) INCIDENTAL COLLECTION.—Where a group ISSUER.—The terms ‘‘group health plan’’ and (iii) an employing office, as defined in sec- health plan, health insurance issuer, or ‘‘health insurance issuer’’ include only those tion 101 of the Congressional Accountability issuer of a medicare supplemental policy ob- plans and issuers that are covered under the Act of 1995; tains genetic information incidental to the regulations described in subsection (d)(1). (iv) an employing office, as defined in sec- requesting, requiring, or purchasing of other (3) ISSUER OF A MEDICARE SUPPLEMENTAL tion 411(c) of title 3, United States Code; or information concerning a participant, bene- POLICY.—The term ‘‘issuer of a medicare sup- (v) an entity to which section 717(a) of the ficiary, or enrollee, such request, require- plemental policy’’ means an issuer described Civil Rights Act of 1964 applies. ment, or purchase shall not be considered a in section 1882 of the Social Security Act (42 (C) EMPLOYMENT AGENCY; LABOR ORGANIZA- violation of this subsection if— insert 1395ss). TION.—The terms ‘‘employment agency’’ and (A) such request, requirement, or purchase (4) SECRETARY.—The term ‘‘Secretary’’ ‘‘labor organization’’ have the meanings is not in violation of paragraph (1); and means the Secretary of Health and Human given the terms in section 701 of the Civil (B) any genetic information (including in- Services. Rights Act of 1964 (42 U.S.C. 2000e). formation about a request for or receipt of SEC. 106. ASSURING COORDINATION. (D) MEMBER.—The term ‘‘member’’, with genetic services) requested, required, or pur- (a) IN GENERAL.—Except as provided in respect to a labor organization, includes an chased is not used or disclosed in violation of subsection (b), the Secretary of the Treas- applicant for membership in a labor organi- subsection (b). ury, the Secretary of Health and Human zation.

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(3) FAMILY MEMBER.—The term ‘‘family (2) where— any individual in any way that would de- member’’ means with respect to an indi- (A) health or genetic services are offered prive or tend to deprive any individual of vidual— by the employer, including such services of- employment opportunities, or otherwise ad- (A) the spouse of the individual; fered as part of a bona fide wellness program; versely affect the status of the individual as (B) a dependent child of the individual, in- (B) the employee provides prior, knowing, an employee, because of genetic information cluding a child who is born to or placed for voluntary, and written authorization; with respect to the individual (or informa- adoption with the individual; and (C) only the employee (or family member if tion about a request for or the receipt of ge- (C) all other individuals related by blood to the family member is receiving genetic serv- netic services by such individual or family the individual or the spouse or child de- ices) and the licensed health care profes- member of such individual); or scribed in subparagraph (A) or (B). sional or board certified genetic counselor (3) to cause or attempt to cause an em- (4) GENETIC INFORMATION.— involved in providing such services receive ployer to discriminate against an individual (A) IN GENERAL.—Except as provided in individually identifiable information con- in violation of this title. subparagraph (B), the term ‘‘genetic infor- cerning the results of such services; and (b) ACQUISITION OF GENETIC INFORMATION.— mation’’ means information about— (D) any individually identifiable genetic It shall be an unlawful employment practice (i) an individual’s genetic tests; information provided under subparagraph (C) for an employment agency to request, re- (ii) the genetic tests of family members of in connection with the services provided quire, or purchase genetic information with the individual; or under subparagraph (A) is only available for respect to an individual or a family member (iii) the occurrence of a disease or disorder purposes of such services and shall not be of the individual (or information about a re- in family members of the individual. disclosed to the employer except in aggre- quest for the receipt of genetic services by (B) EXCEPTIONS.—The term ‘‘genetic infor- gate terms that do not disclose the identity such individual or a family member of such mation’’ shall not include information about of specific employees; individual) except— the sex or age of an individual. (3) where an employer requests or requires (1) where an employment agency inadvert- (5) GENETIC MONITORING.—The term ‘‘ge- family medical history from the employee to ently requests or requires family medical netic monitoring’’ means the periodic exam- comply with the certification provisions of history of the individual or family member ination of employees to evaluate acquired section 103 of the Family and Medical Leave of the individual; modifications to their genetic material, such Act of 1993 (29 U.S.C. 2613) or such require- (2) where— as chromosomal damage or evidence of in- ments under State family and medical leave (A) health or genetic services are offered creased occurrence of mutations, that may laws; by the employment agency, including such have developed in the course of employment (4) where an employer purchases docu- services offered as part of a bona fide due to exposure to toxic substances in the ments that are commercially and publicly wellness program; workplace, in order to identify, evaluate, and available (including newspapers, magazines, (B) the individual provides prior, knowing, respond to the effects of or control adverse periodicals, and books, but not including voluntary, and written authorization; environmental exposures in the workplace. medical databases or court records) that in- (C) only the individual (or family member (6) GENETIC SERVICES.—The term ‘‘genetic clude family medical history; or if the family member is receiving genetic services’’ means— (5) where the information involved is to be services) and the licensed health care profes- (A) a genetic test; used for genetic monitoring of the biological sional or board certified genetic counselor (B) genetic counseling (such as obtaining, effects of toxic substances in the workplace, involved in providing such services receive interpreting or assessing genetic informa- but only if— individually identifiable information con- tion); or (A) the employer provides written notice of cerning the results of such services; and (C) genetic education. the genetic monitoring to the employee; (D) any individually identifiable genetic (7) GENETIC TEST.— (B)(i) the employee provides prior, know- information provided under subparagraph (C) (A) IN GENERAL.—The term ‘‘genetic test’’ ing, voluntary, and written authorization; or in connection with the services provided means the analysis of human DNA, RNA, (ii) the genetic monitoring is required by under subparagraph (A) is only available for chromosomes, proteins, or metabolites, that Federal or State law; purposes of such services and shall not be detects genotypes, mutations, or chromo- (C) the employee is informed of individual disclosed to the employment agency except somal changes. monitoring results; in aggregate terms that do not disclose the (B) EXCEPTION.—The term ‘‘genetic test’’ (D) the monitoring is in compliance with— identity of specific individuals; does not mean an analysis of proteins or me- (i) any Federal genetic monitoring regula- (3) where an employment agency requests tabolites that does not detect genotypes, tions, including any such regulations that or requires family medical history from the mutations, or chromosomal changes. may be promulgated by the Secretary of individual to comply with the certification SEC. 202. EMPLOYER PRACTICES. Labor pursuant to the Occupational Safety provisions of section 103 of the Family and (a) USE OF GENETIC INFORMATION.—It shall and Health Act of 1970 (29 U.S.C. 651 et seq.), Medical Leave Act of 1993 (29 U.S.C. 2613) or be an unlawful employment practice for an the Federal Mine Safety and Health Act of such requirements under State family and employer— 1977 (30 U.S.C. 801 et seq.), or the Atomic En- medical leave laws; (1) to fail or refuse to hire or to discharge ergy Act of 1954 (42 U.S.C. 2011 et seq.); or (4) where an employment agency purchases any employee, or otherwise to discriminate (ii) State genetic monitoring regulations, documents that are commercially and pub- against any employee with respect to the in the case of a State that is implementing licly available (including newspapers, maga- compensation, terms, conditions, or privi- genetic monitoring regulations under the au- zines, periodicals, and books, but not includ- leges of employment of the employee, be- thority of the Occupational Safety and ing medical databases or court records) that cause of genetic information with respect to Health Act of 1970 (29 U.S.C. 651 et seq.); and include family medical history; or the employee (or information about a re- (E) the employer, excluding any licensed (5) where the information involved is to be quest for or the receipt of genetic services by health care professional or board certified used for genetic monitoring of the biological such employee or family member of such em- genetic counselor that is involved in the ge- effects of toxic substances in the workplace, ployee); or netic monitoring program, receives the re- but only if— (2) to limit, segregate, or classify the em- sults of the monitoring only in aggregate (A) the employment agency provides writ- ployees of the employer in any way that terms that do not disclose the identity of ten notice of the genetic monitoring to the would deprive or tend to deprive any em- specific employees; individual; ployee of employment opportunities or oth- (c) PRESERVATION OF PROTECTIONS.—In the (B)(i) the individual provides prior, know- erwise adversely affect the status of the em- case of information to which any of para- ing, voluntary, and written authorization; or ployee as an employee, because of genetic in- graphs (1) through (5) of subsection (b) ap- (ii) the genetic monitoring is required by formation with respect to the employee (or plies, such information may not be used in Federal or State law; information about a request for or the re- violation of paragraph (1) or (2) of subsection (C) the individual is informed of individual ceipt of genetic services by such employee or (a) or treated or disclosed in a manner that monitoring results; family member of such employee). violates section 206. (D) the monitoring is in compliance with— (b) ACQUISITION OF GENETIC INFORMATION.— SEC. 203. EMPLOYMENT AGENCY PRACTICES. (i) any Federal genetic monitoring regula- It shall be an unlawful employment practice (a) USE OF GENETIC INFORMATION.—It shall tions, including any such regulations that for an employer to request, require, or pur- be an unlawful employment practice for an may be promulgated by the Secretary of chase genetic information with respect to an employment agency— Labor pursuant to the Occupational Safety employee or a family member of the em- (1) to fail or refuse to refer for employ- and Health Act of 1970 (29 U.S.C. 651 et seq.), ployee (or information about a request for ment, or otherwise to discriminate against, the Federal Mine Safety and Health Act of the receipt of genetic services by such em- any individual because of genetic informa- 1977 (30 U.S.C. 801 et seq.), or the Atomic En- ployee or a family member of such employee) tion with respect to the individual (or infor- ergy Act of 1954 (42 U.S.C. 2011 et seq.); or except— mation about a request for or the receipt of (ii) State genetic monitoring regulations, (1) where an employer inadvertently re- genetic services by such individual or family in the case of a State that is implementing quests or requires family medical history of member of such individual); genetic monitoring regulations under the au- the employee or family member of the em- (2) to limit, segregate, or classify individ- thority of the Occupational Safety and ployee; uals or fail or refuse to refer for employment Health Act of 1970 (29 U.S.C. 651 et seq.); and

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12506 CONGRESSIONAL RECORD — SENATE October 14, 2003 (E) the employment agency, excluding any (5) where the information involved is to be vertently requests or requires family med- licensed health care professional or board used for genetic monitoring of the biological ical history of the individual or family mem- certified genetic counselor that is involved effects of toxic substances in the workplace, ber of the individual; in the genetic monitoring program, receives but only if— (2) where— the results of the monitoring only in aggre- (A) the labor organization provides written (A) health or genetic services are offered gate terms that do not disclose the identity notice of the genetic monitoring to the by the employer, labor organization, or joint of specific individuals; member; labor-management committee, including (c) PRESERVATION OF PROTECTIONS.—In the (B)(i) the member provides prior, knowing, such services offered as part of a bona fide case of information to which any of para- voluntary, and written authorization; or wellness program; graphs (1) through (5) of subsection (b) ap- (ii) the genetic monitoring is required by (B) the individual provides prior, knowing, plies, such information may not be used in Federal or State law; voluntary, and written authorization; violation of paragraph (1) or (2) of subsection (C) the member is informed of individual (C) only the individual (or family member (a) or treated or disclosed in a manner that monitoring results; if the family member is receiving genetic violates section 206. (D) the monitoring is in compliance with— services) and the licensed health care profes- SEC. 204. LABOR ORGANIZATION PRACTICES. (i) any Federal genetic monitoring regula- sional or board certified genetic counselor (a) USE OF GENETIC INFORMATION.—It shall tions, including any such regulations that involved in providing such services receive be an unlawful employment practice for a may be promulgated by the Secretary of individually identifiable information con- labor organization— Labor pursuant to the Occupational Safety cerning the results of such services; (1) to exclude or to expel from the member- and Health Act of 1970 (29 U.S.C. 651 et seq.), (D) any individually identifiable genetic ship of the organization, or otherwise to dis- the Federal Mine Safety and Health Act of information provided under subparagraph (C) criminate against, any member because of 1977 (30 U.S.C. 801 et seq.), or the Atomic En- in connection with the services provided genetic information with respect to the ergy Act of 1954 (42 U.S.C. 2011 et seq.); or under subparagraph (A) is only available for member (or information about a request for (ii) State genetic monitoring regulations, purposes of such services and shall not be or the receipt of genetic services by such in the case of a State that is implementing disclosed to the employer, labor organiza- member or family member of such member); genetic monitoring regulations under the au- tion, or joint labor-management committee (2) to limit, segregate, or classify the mem- thority of the Occupational Safety and except in aggregate terms that do not dis- bers of the organization, or fail or refuse to Health Act of 1970 (29 U.S.C. 651 et seq.); and close the identity of specific individuals; refer for employment any member, in any (E) the labor organization, excluding any (3) where the employer, labor organization, way that would deprive or tend to deprive licensed health care professional or board or joint labor-management committee re- any member of employment opportunities, certified genetic counselor that is involved quests or requires family medical history or otherwise adversely affect the status of in the genetic monitoring program, receives from the individual to comply with the cer- the member as an employee, because of ge- the results of the monitoring only in aggre- tification provisions of section 103 of the netic information with respect to the mem- gate terms that do not disclose the identity Family and Medical Leave Act of 1993 (29 ber (or information about a request for or of specific members; U.S.C. 2613) or such requirements under the receipt of genetic services by such mem- (c) PRESERVATION OF PROTECTIONS.—In the State family and medical leave laws; ber or family member of such member); or case of information to which any of para- (4) where the employer, labor organization, (3) to cause or attempt to cause an em- graphs (1) through (5) of subsection (b) ap- or joint labor-management committee pur- ployer to discriminate against a member in plies, such information may not be used in chases documents that are commercially and violation of this title. violation of paragraph (1) or (2) of subsection publicly available (including newspapers, (b) ACQUISITION OF GENETIC INFORMATION.— (a) or treated or disclosed in a manner that magazines, periodicals, and books, but not It shall be an unlawful employment practice violates section 206. including medical databases or court for a labor organization to request, require, SEC. 205. TRAINING PROGRAMS. records) that include family medical history; or purchase genetic information with respect (a) USE OF GENETIC INFORMATION.—It shall or to a member or a family member of the be an unlawful employment practice for any (5) where the information involved is to be member (or information about a request for employer, labor organization, or joint labor- used for genetic monitoring of the biological the receipt of genetic services by such mem- management committee controlling appren- effects of toxic substances in the workplace, ber or a family member of such member) ex- ticeship or other training or retraining, in- but only if— cept— cluding on-the-job training programs— (A) the employer, labor organization, or (1) where a labor organization inadvert- (1) to discriminate against any individual joint labor-management committee provides ently requests or requires family medical because of genetic information with respect written notice of the genetic monitoring to history of the member or family member of to the individual (or information about a re- the individual; the member; quest for or the receipt of genetic services by (B)(i) the individual provides prior, know- (2) where— such individual or a family member of such ing, voluntary, and written authorization; or (A) health or genetic services are offered individual) in admission to, or employment (ii) the genetic monitoring is required by by the labor organization, including such in, any program established to provide ap- Federal or State law; services offered as part of a bona fide prenticeship or other training or retraining; (C) the individual is informed of individual wellness program; (2) to limit, segregate, or classify the ap- monitoring results; (B) the member provides prior, knowing, plicants for or participants in such appren- (D) the monitoring is in compliance with— voluntary, and written authorization; ticeship or other training or retraining, or (i) any Federal genetic monitoring regula- (C) only the member (or family member if fail or refuse to refer for employment any in- tions, including any such regulations that the family member is receiving genetic serv- dividual, in any way that would deprive or may be promulgated by the Secretary of ices) and the licensed health care profes- tend to deprive any individual of employ- Labor pursuant to the Occupational Safety sional or board certified genetic counselor ment opportunities, or otherwise adversely and Health Act of 1970 (29 U.S.C. 651 et seq.), involved in providing such services receive affect the status of the individual as an em- the Federal Mine Safety and Health Act of individually identifiable information con- ployee, because of genetic information with 1977 (30 U.S.C. 801 et seq.), or the Atomic En- cerning the results of such services; and respect to the individual (or information ergy Act of 1954 (42 U.S.C. 2011 et seq.); or (D) any individually identifiable genetic about a request for or receipt of genetic serv- (ii) State genetic monitoring regulations, information provided under subparagraph (C) ices by such individual or family member of in the case of a State that is implementing in connection with the services provided such individual); or genetic monitoring regulations under the au- under subparagraph (A) is only available for (3) to cause or attempt to cause an em- thority of the Occupational Safety and purposes of such services and shall not be ployer to discriminate against an applicant Health Act of 1970 (29 U.S.C. 651 et seq.); and disclosed to the labor organization except in for or a participant in such apprenticeship or (E) the employer, labor organization, or aggregate terms that do not disclose the other training or retraining in violation of joint labor-management committee, exclud- identity of specific members; this title. ing any licensed health care professional or (3) where a labor organization requests or (b) ACQUISITION OF GENETIC INFORMATION.— board certified genetic counselor that is in- requires family medical history from the It shall be an unlawful employment practice volved in the genetic monitoring program, members to comply with the certification for an employer, labor organization, or joint receives the results of the monitoring only provisions of section 103 of the Family and labor-management committee described in in aggregate terms that do not disclose the Medical Leave Act of 1993 (29 U.S.C. 2613) or subsection (a) to request, require, or pur- identity of specific individuals; such requirements under State family and chase genetic information with respect to an (c) PRESERVATION OF PROTECTIONS.—In the medical leave laws; individual or a family member of the indi- case of information to which any of para- (4) where a labor organization purchases vidual (or information about a request for documents that are commercially and pub- the receipt of genetic services by such indi- graphs (1) through (5) of subsection (b) ap- licly available (including newspapers, maga- vidual or a family member of such indi- plies, such information may not be used in zines, periodicals, and books, but not includ- vidual) except— violation of paragraph (1) or (2) of subsection ing medical databases or court records) that (1) where the employer, labor organization, (a) or treated or disclosed in a manner that include family medical history; or or joint labor-management committee inad- violates section 206.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12507 SEC. 206. CONFIDENTIALITY OF GENETIC INFOR- the Commission, the Attorney General, or leging an unlawful employment practice in MATION. any person, alleging such a practice (not an violation of this title against an employee (a) TREATMENT OF INFORMATION AS PART OF employment practice specifically excluded described in section 201(2)(A)(iv), except as CONFIDENTIAL MEDICAL RECORD.—If an em- from coverage under section 1977A(a)(1) of provided in paragraphs (2) and (3). ployer, employment agency, labor organiza- the Revised Statutes). (2) COSTS AND FEES.—The powers, remedies, tion, or joint labor-management committee (b) EMPLOYEES COVERED BY GOVERNMENT and procedures provided in subsections (b) possesses genetic information about an em- EMPLOYEE RIGHTS ACT OF 1991.— and (c) of section 722 of the Revised Statutes ployee or member (or information about a (1) IN GENERAL.—The powers, remedies, and (42 U.S.C. 1988), shall be powers, remedies, request for or receipt of genetic services by procedures provided in sections 302 and 304 of and procedures this title provides to the such employee or member or family member the Government Employee Rights Act of 1991 President, the Commission, such Board, or of such employee or member), such informa- (42 U.S.C. 2000e–16b, 2000e–16c) to the Com- any person, alleging such a practice. tion shall be maintained on separate forms mission, or any person, alleging a violation (3) DAMAGES.—The powers, remedies, and and in separate medical files and be treated of section 302(a)(1) of that Act (42 U.S.C. procedures provided in section 1977A of the as a confidential medical record of the em- 2000e–16b(a)(1)) shall be the powers, remedies, Revised Statutes (42 U.S.C. 1981a), including ployee or member. and procedures this title provides to the the limitations contained in subsection (b)(3) (b) LIMITATION ON DISCLOSURE.—An em- Commission, or any person, respectively, al- ployer, employment agency, labor organiza- of such section 1977A, shall be powers, rem- leging an unlawful employment practice in edies, and procedures this title provides to tion, or joint labor-management committee violation of this title against an employee shall not disclose genetic information con- the President, the Commission, such Board, described in section 201(2)(A)(ii), except as or any person, alleging such a practice (not cerning an employee or member (or informa- provided in paragraphs (2) and (3). tion about a request for or receipt of genetic an employment practice specifically ex- (2) COSTS AND FEES.—The powers, remedies, services by such employee or member or cluded from coverage under section and procedures provided in subsections (b) 1977A(a)(1) of the Revised Statutes). family member of such employee or member) and (c) of section 722 of the Revised Statutes MPLOYEES COVERED BY SECTION 717 OF except— (42 U.S.C. 1988), shall be powers, remedies, (e) E (1) to the employee (or family member if and procedures this title provides to the THE CIVIL RIGHTS ACT OF 1964.— the family member is receiving the genetic Commission, or any person, alleging such a (1) IN GENERAL.—The powers, remedies, and services) or member of a labor organization practice. procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to at the request of the employee or member of (3) DAMAGES.—The powers, remedies, and such organization; procedures provided in section 1977A of the the Commission, the Attorney General, the (2) to an occupational or other health re- Revised Statutes (42 U.S.C. 1981a), including Librarian of Congress, or any person, alleg- searcher if the research is conducted in com- the limitations contained in subsection (b)(3) ing a violation of that section shall be the pliance with the regulations and protections of such section 1977A, shall be powers, rem- powers, remedies, and procedures this title provided for under part 46 of title 45, Code of edies, and procedures this title provides to provides to the Commission, the Attorney Federal Regulations; the Commission, or any person, alleging such General, the Librarian of Congress, or any (3) in response to an order of a court, ex- a practice (not an employment practice spe- person, respectively, alleging an unlawful cept that— cifically excluded from coverage under sec- employment practice in violation of this (A) the employer, employment agency, tion 1977A(a)(1) of the Revised Statutes). title against an employee or applicant de- labor organization, or joint labor-manage- (c) EMPLOYEES COVERED BY CONGRESSIONAL scribed in section 201(2)(A)(v), except as pro- ment committee may disclose only the ge- ACCOUNTABILITY ACT OF 1995.— vided in paragraphs (2) and (3). netic information expressly authorized by (1) IN GENERAL.—The powers, remedies, and (2) COSTS AND FEES.—The powers, remedies, such order; and procedures provided in the Congressional Ac- and procedures provided in subsections (b) (B) if the court order was secured without countability Act of 1995 (2 U.S.C. 1301 et seq.) and (c) of section 722 of the Revised Statutes the knowledge of the employee or member to to the Board (as defined in section 101 of that (42 U.S.C. 1988), shall be powers, remedies, whom the information refers, the employer, Act (2 U.S.C. 1301)), or any person, alleging a and procedures this title provides to the employment agency, labor organization, or violation of section 201(a)(1) of that Act (42 Commission, the Attorney General, the Li- joint labor-management committee shall U.S.C. 1311(a)(1)) shall be the powers, rem- brarian of Congress, or any person, alleging provide the employee or member with ade- edies, and procedures this title provides to such a practice. quate notice to challenge the court order; that Board, or any person, alleging an un- (3) DAMAGES.—The powers, remedies, and (4) to government officials who are inves- lawful employment practice in violation of procedures provided in section 1977A of the tigating compliance with this title if the in- this title against an employee described in Revised Statutes (42 U.S.C. 1981a), including formation is relevant to the investigation; or section 201(2)(A)(iii), except as provided in the limitations contained in subsection (b)(3) (5) to the extent that such disclosure is paragraphs (2) and (3). of such section 1977A, shall be powers, rem- made in connection with the employee’s (2) COSTS AND FEES.—The powers, remedies, edies, and procedures this title provides to compliance with the certification provisions and procedures provided in subsections (b) the Commission, the Attorney General, the of section 103 of the Family and Medical and (c) of section 722 of the Revised Statutes Librarian of Congress, or any person, alleg- Leave Act of 1993 (29 U.S.C. 2613) or such re- (42 U.S.C. 1988), shall be powers, remedies, ing such a practice (not an employment quirements under State family and medical and procedures this title provides to that practice specifically excluded from coverage leave laws. Board, or any person, alleging such a prac- under section 1977A(a)(1) of the Revised Stat- SEC. 207. REMEDIES AND ENFORCEMENT. tice. utes). (a) EMPLOYEES COVERED BY TITLE VII OF (3) DAMAGES.—The powers, remedies, and (f) DEFINITION.—In this section, the term THE CIVIL RIGHTS ACT OF 1964.— procedures provided in section 1977A of the ‘‘Commission’’ means the Equal Employ- (1) IN GENERAL.—The powers, remedies, and Revised Statutes (42 U.S.C. 1981a), including ment Opportunity Commission. procedures provided in sections 705, 706, 707, the limitations contained in subsection (b)(3) SEC. 208. DISPARATE IMPACT. 709, 710, and 711 of the Civil Rights Act of of such section 1977A, shall be powers, rem- (a) GENERAL RULE.—Notwithstanding any 1964 (42 U.S.C. 2000e–4 et seq.) to the Commis- edies, and procedures this title provides to other provision of this Act, ‘‘disparate im- sion, the Attorney General, or any person, that Board, or any person, alleging such a pact’’, as that term is used in section 703(k) alleging a violation of title VII of that Act practice (not an employment practice spe- of the Civil Rights Act of 1964 (42 U.S.C. (42 U.S.C. 2000e et seq.) shall be the powers, cifically excluded from coverage under sec- 2000e–d(k)), on the basis of genetic informa- remedies, and procedures this title provides tion 1977A(a)(1) of the Revised Statutes). tion does not establish a cause of action to the Commission, the Attorney General, or (4) OTHER APPLICABLE PROVISIONS.—With under this Act. any person, respectively, alleging an unlaw- respect to a claim alleging a practice de- ful employment practice in violation of this scribed in paragraph (1), title III of the Con- (b) COMMISSION.—On the date that is 6 title against an employee described in sec- gressional Accountability Act of 1995 (2 years after the date of enactment of this tion 201(2)(A)(i), except as provided in para- U.S.C. 1381 et seq.) shall apply in the same Act, there shall be established a commission, graphs (2) and (3). manner as such title applies with respect to to be known as the Genetic Nondiscrimina- (2) COSTS AND FEES.—The powers, remedies, a claim alleging a violation of section tion Study Commission (referred to in this and procedures provided in subsections (b) 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). section as the ‘‘Commission’’) to review the and (c) of section 722 of the Revised Statutes (d) EMPLOYEES COVERED BY CHAPTER 5 OF developing science of genetics and to make (42 U.S.C. 1988), shall be powers, remedies, TITLE 3, UNITED STATES CODE.— recommendations to Congress regarding and procedures this title provides to the (1) IN GENERAL.—The powers, remedies, and whether to provide a disparate impact cause Commission, the Attorney General, or any procedures provided in chapter 5 of title 3, of action under this Act. person, alleging such a practice. United States Code, to the President, the (c) MEMBERSHIP.— (3) DAMAGES.—The powers, remedies, and Commission, the Merit Systems Protection (1) IN GENERAL.—The Commission shall be procedures provided in section 1977A of the Board, or any person, alleging a violation of composed of 8 members, of which— Revised Statutes (42 U.S.C. 1981a), including section 411(a)(1) of that title, shall be the (A) 1 member shall be appointed by the Ma- the limitations contained in subsection (b)(3) powers, remedies, and procedures this title jority Leader of the Senate; of such section 1977A, shall be powers, rem- provides to the President, the Commission, (B) 1 member shall be appointed by the Mi- edies, and procedures this title provides to such Board, or any person, respectively, al- nority Leader of the Senate;

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12508 CONGRESSIONAL RECORD — SENATE October 14, 2003 (C) 1 member shall be appointed by the labor organization, or joint labor-manage- Mr. STEVENS. This is a very serious Chairman of the Committee on Health, Edu- ment committee for a violation of this title; amendment. cation, Labor, and Pensions of the Senate; or Parliamentary inquiry. There are 2 (D) 1 member shall be appointed by the (B) establish a violation under this title for minutes on each side on the Bingaman ranking minority member of the Committee an employer, employment agency, labor or- on Health, Education, Labor, and Pensions of ganization, or joint labor-management com- amendment? the Senate; mittee of a provision of the amendments The PRESIDING OFFICER. The Sen- (E) 1 member shall be appointed by the made by title I; ator is correct. Speaker of the House of Representatives; (3) limit the rights or protections of an in- Mr. STEVENS. Does the Senator (F) 1 member shall be appointed by the Mi- dividual under any other Federal or State wish to speak first? nority Leader of the House of Representa- statute that provides equal or greater pro- Mr. BINGAMAN. I will defer to the tives; tection to an individual than the rights or Senator from Alaska. (G) 1 member shall be appointed by the protections provided for under this title; Mr. STEVENS. I will yield our time Chairman of the Committee on Education (4) apply to the Armed Forces Repository to Senator WARNER, chairman of the and the Workforce of the House of Rep- of Specimen Samples for the Identification resentatives; and of Remains; Armed Services Committee. (H) 1 member shall be appointed by the (5) limit or expand the protections, rights, Mr. WARNER. Go right ahead. ranking minority member of the Committee or obligations of employees or employers Mr. BINGAMAN. Mr. President, in on Education and the Workforce of the under applicable workers’ compensation previous military campaigns such as House of Representatives. laws; the first gulf war and Kosovo, and (2) COMPENSATION AND EXPENSES.—The (6) limit the authority of a Federal depart- many before that, the Pentagon has members of the Commission shall not re- ment or agency to conduct or sponsor occu- issued campaign medals to service men ceive compensation for the performance of pational or other health research that is con- and women who served in those con- services for the Commission, but shall be al- ducted in compliance with the regulations flicts. We need to do the very same in lowed travel expenses, including per diem in contained in part 46 of title 45, Code of Fed- lieu of subsistence, at rates authorized for eral Regulations (or any corresponding or the case of our service men and women employees of agencies under subchapter I of similar regulation or rule); and who are serving in Iraq. chapter 57 of title 5, United States Code, (7) limit the statutory or regulatory au- The amendment I am proposing says while away from their homes or regular thority of the Occupational Safety and the Secretaries of the respective serv- places of business in the performance of serv- Health Administration or the Mine Safety ices may issue an appropriate medal or ices for the Commission. and Health Administration to promulgate or campaign designation to any person (d) ADMINISTRATIVE PROVISIONS.— enforce workplace safety and health laws who serves in any capacity in the (1) LOCATION.—The Commission shall be lo- and regulations. armed services in connection with Op- cated in a facility maintained by the Equal SEC. 210. MEDICAL INFORMATION THAT IS NOT Employment Opportunity Commission. GENETIC INFORMATION. eration Iraqi Freedom. In my view, this (2) DETAIL OF GOVERNMENT EMPLOYEES.— An employer, employment agency, labor is much preferable to the Pentagon’s Any Federal Government employee may be organization, or joint labor-management current policy, which is that everyone detailed to the Commission without reim- committee shall not be considered to be in should get a Global War on Terrorism bursement, and such detail shall be without violation of this title based on the use, ac- Medal instead of a medal that relates interruption or loss of civil service status or quisition, or disclosure of medical informa- to their service in Iraq. privilege. tion that is not genetic information about a The service men and women who are (3) INFORMATION FROM FEDERAL AGENCIES.— manifested disease, disorder, or pathological risking their lives in Iraq deserve to be condition of an employee or member, includ- The Commission may secure directly from recognized for their service in that any Federal department or agency such in- ing a manifested disease, disorder, or patho- formation as the Commission considers nec- logical condition that has or may have a ge- country. This is a major military en- essary to carry out the provisions of this sec- netic basis. gagement we have gotten into here and tion. Upon request of the Commission, the SEC. 211. REGULATIONS. there will be a lot of service men and head of such department or agency shall fur- Not later than 1 year after the date of en- women involved. We definitely should nish such information to the Commission. actment of this title, the Commission shall make this a separate medal. (4) HEARINGS.—The Commission may hold issue final regulations in an accessible for- That is the thrust of the amendment. such hearings, sit and act at such times and mat to carry out this title. Senator LUGAR is a cosponsor, along places, take such testimony, and receive SEC. 212. AUTHORIZATION OF APPROPRIATIONS. with many others. I ask unanimous such evidence as the Commission considers There are authorized to be appropriated advisable to carry out the objectives of this such sums as may be necessary to carry out consent to add Senators BYRD, LEAHY, section, except that, to the extent possible, this title (except for section 208). and JEFFORDS to those who are already the Commission shall use existing data and SEC. 213. EFFECTIVE DATE. listed as cosponsors. research. This title takes effect on the date that is The PRESIDING OFFICER. Without (5) POSTAL SERVICES.—The Commission 18 months after the date of enactment of this objection, it is so ordered. may use the United States mails in the same Act. Mr. WARNER. Mr. President, I say to manner and under the same conditions as TITLE III—MISCELLANEOUS PROVISION my colleagues, I would like to think of other departments and agencies of the Fed- SEC. 301. SEVERABILITY. myself as the last person to ever take eral Government. If any provision of this Act, an amendment the floor of the Senate and say a man (e) REPORT.—Not later than 1 year after all made by this Act, or the application of such or a woman proudly wearing the uni- of the members are appointed to the Com- provision or amendment to any person or mission under subsection (c)(1), the Commis- form of the United States should not circumstance is held to be unconstitutional, receive everything that is offered. But sion shall submit to Congress a report that the remainder of this Act, the amendments summarizes the findings of the Commission made by this Act, and the application of in this instance—I do not oppose this— and makes such recommendations for legis- such provisions to any person or cir- I simply ask you to examine it in the lation as are consistent with this Act. cumstance shall not be affected thereby. sense of fairness. What do you say to (f) AUTHORIZATION OF APPROPRIATIONS.— the widow of someone who lost his life There are authorized to be appropriated to Mr. STEVENS. I move to reconsider the Equal Employment Opportunity Com- the vote and I move to lay that motion in Afghanistan? What do you say to mission such sums as may be necessary to on the table. those who have injured soldiers in the carry out this section. The motion to lay on the table was Horn of Africa, Liberia, Philippines, SEC. 209. CONSTRUCTION. agreed to. Colombia, and other places, all engaged Nothing in this title shall be construed f in the war on terrorism? to— I do not understand this. I have read (1) limit the rights or protections of an in- EMERGENCY SUPPLEMENTAL AP- it. I have reread it. It says, for exam- dividual under the Americans with Disabil- PROPRIATIONS FOR IRAQ AND ple, to those serving in Iraq, prohibi- ities Act of 1990 (42 U.S.C. 12101 et seq.), in- AFGHANISTAN SECURITY AND tion of concurrent award of Global War cluding coverage afforded to individuals RECONSTRUCTION ACT, 2004—Con- on Terrorism Expeditionary Medal. under section 102 of such Act (42 U.S.C. tinued They cannot receive it. For what rea- 12112), or under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); AMENDMENT NO. 1830 son, I do not know. (2)(A) limit the rights or protections of an The PRESIDING OFFICER. There I say to my dear friend, a former individual to bring an action under this title are 4 minutes equally divided on the member of the Armed Services Com- against an employer, employment agency, Bingaman amendment. mittee, this is a matter that requires

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12509 close examination. This issue of award- expertise or the knowledge to deny any amendment. I have asked permission to ing men and women of the Armed medal that is judged by the leaders of delete that and it has been denied. Forces is properly reposed in the chair- the military and the President of the So I would just simply suggest to my man and the members of the Joint United States? It is very laudable to colleagues that it is more appropriate Chiefs of Staff. They acted in March of award a medal to people who served and more consistent with the policy of this year to create the Medal for the and sacrificed. Instead, the Senator this country to give awards for major Global War on Terrorism. Our distin- from New Mexico has to complicate it military conflicts such as what we guished Senator from South Carolina, to the point where the Senator from have been engaged in in Iraq than it is while serving in the Army, got a star Virginia and I have to stand and say: to give a Global War on Terrorism for the European theater for engage- What is this all about? award to everything that happens from ments; those who crossed the Anzio Mr. NICKLES. Will the Senator from 9/11 forward. The reality is, the people Beach, those in Africa, a star. There Arizona yield? who are serving in Iraq deserve to be was one theater medal with stars given Mr. MCCAIN. So the point is, the recognized for that. That is all we are for the various engagements. That is Senator from New Mexico complicated trying to do with this amendment. not this situation. That says the one an otherwise straightforward issue by I urge my colleagues to support the who served in Iraq should get some- deciding who is in what theater of war amendment. thing special the others do not receive. and what the war on terrorism is Mr. WARNER. How can you elevate a That is not fair, I say to my good about. And the Senator from New Mex- death or a loss in Iraq over one in Af- friend. ico should have left it alone. ghanistan? The PRESIDING OFFICER. The Sen- Accordingly, at the appropriate time, Mr. NICKLES. Will the Senator from ate will be in order. I will move to table. Arizona yield? The Senator from New Mexico has Mr. MCCAIN. I am glad this is a bi- The PRESIDING OFFICER. The Sen- the floor. ator is advised a motion to table is not cameral legislature we have because I Mr. BINGAMAN. Mr. President, let in order. do not think the House of Representa- me say in response to my colleague Mr. BINGAMAN. Mr. President, this tives would ever agree to such a thing, from Virginia, if he would like to offer is not intended to prevent the Pen- nor would the leaders of our military. an amendment to give an award to tagon from issuing any other awards I yield to the Senator from Okla- those who served in Afghanistan, I will they wish with regard to Afghanistan homa. cosponsor and support that. or other locations, but it is clear to me Mr. NICKLES. The Senator from Ari- I have proposed something for the that issuing a Global War on Terrorism zona— men and women who have served in the Medal is not adequate for the service Mr. WARNER. What do you say to conflict in Iraq. And I think it is an ap- we are calling on our men and women the widow of someone who has lost propriate thing for the Congress to do. to perform in Iraq. We should give their life in Afghanistan? I urge my colleagues to support the them a medal for that campaign. That Mr. NICKLES addressed the Chair. amendment. is all the amendment does. The PRESIDING OFFICER. The Sen- Mr. GREGG. Mr. President, I have a I ask for the yeas and nays. ator from Oklahoma is recognized. parliamentary inquiry. The PRESIDING OFFICER. The yeas Mr. NICKLES. Correct me if I am Mr. BINGAMAN. Mr. President, are and nays have already been ordered. wrong. It is my understanding the De- we going to have more debate on this Mr. STEVENS. Mr. President, there partment of Defense opposes this amendment? is substantial interest in this amend- amendment. The PRESIDING OFFICER. The time ment. I don’t know if the Senator wish- Mr. WARNER. Correct. on the majority side has expired. es to have any more time. Mr. NICKLES. For the reasons stated Mr. STEVENS. Time has expired. Mr. BINGAMAN. Mr. President, I by the Senator from Virginia and the Mr. President, I call for a vote. have had plenty of time. I suggest we Senator from Arizona. I opposed this before. The Depart- vote. Mr. MCCAIN. That is correct. ment opposes it. I call for a vote. The PRESIDING OFFICER. All time Mr. WARNER. That is correct. Mr. GREGG. Parliamentary inquiry. is expired. Mr. MCCAIN. I say to the Senator The PRESIDING OFFICER. The Sen- Mr. NICKLES. I ask unanimous con- from New Mexico, we should be able to ator may state his inquiry. sent the Senator from Arizona be al- work this out to everyone’s satisfac- Mr. GREGG. Is this motion divisible? The PRESIDING OFFICER. The lowed to speak for 3 minutes and the tion, but if you insist on microman- amendment is divisible. aging to the degree of where people opposing side be allowed to speak for 3 Mr. GREGG. I move the item be di- serve and what they are eligible for, minutes. vided. I ask for a division. I ask that Mr. REID. Reserving the right to ob- then we will never be able to honor the division be on subsection (d). ject, we are working very hard before those men and women who serve. The PRESIDING OFFICER. The Sen- the White House meeting to get in an- Why didn’t the Senator from New ator has to give specifics on the divi- other vote. Could we limit this? I know Mexico leave this alone? sion. everyone wants to hear these speeches, The PRESIDING OFFICER. The time Mr. GREGG. Mr. President, I would but could we try a minute or so on each of the Senator has expired. ask that— side. Otherwise, we will waste the en- The Senator from New Mexico has 2 Mr. STEVENS. Parliamentary in- tire afternoon with White House meet- minutes. quiry. ings. Mr. BINGAMAN. Mr. President, the Mr. GREGG. All items after sub- Mr. NICKLES. I renew my request to Senator from Arizona raises a valid section (d)—page 3, line 8—be deleted, 2 minutes on each side. point about the prohibition section, the question be divided on that point. The PRESIDING OFFICER. Without which is subsection (d). And I ask The PRESIDING OFFICER. Will the objection, it is so ordered. unanimous consent that be deleted Senator restate the specifics of the di- The Senator from Arizona. from the amendment. vision? Mr. MCCAIN. Mr. President, none of The PRESIDING OFFICER. Is there Mr. GREGG. Yes. My point is, on us understands a prohibition on a con- objection? page 3, line 8, section (d), I ask that the current award of any other medal. This Mr. STEVENS. Reserving the right motion be divided and that the motion is unprecedented. Never in the history to object, I will object because—I do be a separate motion on that section of our military has the Senate or Con- object. and everything that follows it within gress mandated the awarding of one The PRESIDING OFFICER. Objec- section (d). medal or the prohibiting of an award- tion is heard. The PRESIDING OFFICER. The ing of another medal. Mr. BINGAMAN. Mr. President, the amendment is divided. We all want to honor the men and only argument I have heard against the VOTE ON AMENDMENT NO. 1830, DIVISION I women who have served in the military amendment that, to me, made good The question is on the first division. and have sacrificed. Where is it that sense was a concern about the prohibi- The yeas and nays have already been the Senator from New Mexico gets the tion provision, subsection (d) of the ordered.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12510 CONGRESSIONAL RECORD — SENATE October 14, 2003 Mr. STEVENS. Parliamentary in- The PRESIDING OFFICER. Is there Mr. STEVENS. Mr. President, I quiry: What are we voting on now, Mr. objection? thank the distinguished leader. President? Without objection, it is so ordered. I ask unanimous consent that there The PRESIDING OFFICER. The vote The PRESIDING OFFICER. The now be 30 minutes for debate in rela- now occurs on agreeing to division I, question is on agreeing to division II of tion to the Stabenow amendment, with which is pages 1 and 2 and 3 through amendment No. 1830. 20 minutes under the control of Sen- line 7 of the original amendment. The The amendment (No. 1830—Division ator STABENOW and 10 minutes under yeas and nays have previously been or- II) was rejected. my control; provided that following the dered. The clerk will call the roll. Mr. STEVENS. Mr. President, I sim- debate time, the Senate proceed to a The legislative clerk called the roll. ply say that I am sorry about this re- vote in relation to the amendment, Mr. REID. I announce that the Sen- cent dispute. In the period of time be- with no amendments in order to the ator from Minnesota (Mr. DAYTON), the fore lunch, I made a statement, based amendment prior to the vote; that fol- Senator from North Carolina (Mr. upon a memo we got from the Depart- lowing that vote, the time until 6:30 EDWARDS), the Senator from Massachu- ment of Defense, that pointed out that this evening be equally divided in the setts (Mr. KERRY), the Senator from the medals in question were authorized usual form in relation to the Dorgan Connecticut (Mr. LIEBERMAN), and the by the President at the request of the amendment No. 1846; and that the vote Senator from Georgia (Mr. MILLER) are Joint Chiefs of Staff. occur in relation to the Dorgan amend- necessarily absent. They had two reasons to oppose this ment at 6:30 p.m., with no amendments I further announce that, if present Iraqi freedom medal. First, it is redun- in order to the amendment prior to the and voting, the Senator from Massa- dant to the general war on terrorism vote. chusetts (Mr. KERRY) would vote medal; second, it is devisive in that it The PRESIDING OFFICER. Without ‘‘yea.’’ inherently values participation in the objection, it is so ordered. The PRESIDING OFFICER. Are there Iraqi operation as opposed to Afghani- Mr. DASCHLE. Mr. President, I sug- any other Senators in the Chamber de- stan and all others. In particular, the gest the absence of a quorum. siring to vote? Department pointed out that, under The PRESIDING OFFICER. The The result was announced—yeas 47, the Global War on Terrorism Medals, clerk will call the roll. nays 48, as follows: there is an Expeditionary Medal that The legislative clerk proceeded to [Rollcall Vote No. 378 Leg.] goes to those who serve in Iraq, Af- call the roll. YEAS—47 ghanistan, or in those places where Ms. STABENOW. Mr. President, I ask there has been combat in the war unanimous consent that the order for Akaka Dorgan Levin Baucus Durbin Lincoln against terrorism. The other medal is a the quorum call be rescinded. Bayh Feingold Lugar Service Medal to recognize those peo- The PRESIDING OFFICER. Without Biden Feinstein Mikulski ple who are supporting personnel. It is objection, it is so ordered. Bingaman Graham (FL) Murray not restricted by geographical bound- AMENDMENT NO. 1823 Boxer Gregg Nelson (FL) Breaux Harkin Nelson (NE) aries. It is not only for the support of Ms. STABENOW. Mr. President, I ask Byrd Hollings Pryor Operation Iraqi Freedom; it also ap- unanimous consent that the pending Cantwell Inouye Reed plies to Operation Noble Eagle and air- Carper Jeffords amendments be set aside and I call up Reid Chafee Johnson port security operations from Sep- amendment No. 1823. Rockefeller Clinton Kennedy tember 27, 2001, to May 1, 2002. The PRESIDING OFFICER. That Sarbanes Conrad Kohl The Senate has defeated a proposal amendment is already pending. Corzine Landrieu Schumer Daschle Lautenberg Stabenow to go on record to issue an Iraqi medal Ms. STABENOW. I thank the Chair. Dodd Leahy Wyden only to those who served in Iraq, and Mr. President, I rise today to speak the Department has taken the posi- about an amendment I am calling ‘‘A NAYS—48 tion—that is what really caused con- Month for America.’’ This amendment Alexander DeWine McConnell Allard Dole Murkowski sternation because they want medals will delay approximately $5 billion in Allen Domenici Nickles to recognize specific and general sac- Iraq reconstruction funds and put them Bennett Ensign Roberts rifices and contributions made by all into funding our high priorities at Bond Enzi Santorum Armed Forces in the efforts to combat home, such as job creation, veterans Brownback Fitzgerald Sessions Bunning Frist Shelby terrorism in all forms throughout the health, health care for the uninsured, Burns Graham (SC) Smith world, both in current and future oper- and education. Campbell Grassley Snowe ations. I thank the cosponsors of this amend- Chambliss Hagel Specter The Expeditionary Medal will con- ment—Senators DURBIN, BOXER, JOHN- Cochran Hatch Stevens Coleman Hutchison Sununu tinue to be issued to those who partici- SON, and SCHUMER—for their leadership Collins Inhofe Talent pate in the global war against ter- and support. Cornyn Kyl Thomas rorism and are involved in combat op- Two weeks ago, I was meeting with a Craig Lott Voinovich Crapo McCain Warner erations. I think what the Department group of constituents in Michigan, and has done at the request of the Joint we started to talk about the Presi- NOT VOTING—5 Chiefs of Staff is inherently fair and dent’s request for $87 billion for Iraq Dayton Kerry Miller proper. I want to reassure those who and Afghanistan. I shared with my con- Edwards Lieberman supported the position I enunciated stituents that we were spending about The amendment (No. 1830—Division I) and are opposed to this amendment, I $5 billion a month now, in addition to was rejected. believe you have done the right thing the slightly over $20 billion in recon- Mr. STEVENS. Mr. President, I move by those people who are in uniform and struction funds contained in the bill in to reconsider the vote. are sacrificing themselves and really front of us. Mr. BOND. I move to lay that motion exposing themselves in harm’s way My constituents in Michigan were on the table. throughout the world. startled at the enormity of this figure, The motion to lay on the table was The PRESIDING OFFICER. The as I believe our constituents are across agreed to. Democratic leader is recognized. the country, so much so that one gen- Mr. STEVENS. Mr. President, par- Mr. DASCHLE. Mr. President, we tleman who is on a local school board, liamentary inquiry: What is the proce- have been discussing how we might sitting in the back, exclaimed: How dure now? proceed between now and 6:30. As I un- about a month for America? This rang VOTE ON AMENDMENT NO. 1830, DIVISION II derstand it, we have a unanimous con- very true to me, and when I returned The PRESIDING OFFICER. The sent request ready to propound. There here, I decided to take this idea and question occurs on division II of is no objection to the request on this draft an amendment focused on our amendment No. 1830. side. I see that the distinguished man- needs at home called ‘‘A Month for Mr. REID. Mr. President, I ask unan- ager has the unanimous consent re- America.’’ imous consent that the yeas and nays quest, and I yield the floor so he can Before I fully explain the details of be vitiated on this vote. offer that. my amendment, I wish to go through

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12511 what this amendment does not do. This education should not be a partisan just to maintain the current level of is very important. issue. services. Schools will not have the re- First, it does not cut 1 penny of fund- The ‘‘A Month for America’’ amend- sources to make the necessary repairs. ing for our troops. ment will increase funding for school I argue this is an emergency for Amer- Second, it does not cut any funds for construction for the next year by $1 ica. security in Iraq. It specifically exempts billion so that we can place more dol- Now on to veterans health care, the approximately $5 billion in police lars into investing in our children which is of deep concern to me as well. and security funds for Iraq. I believe walking into a quality school building The administration’s budget for vet- this is very important. The sooner they with the technology and the infrastruc- erans health care falls far short of are able to have their own police force, ture they need. Shame on us if we have needs. We all know this. Despite the their own security force, the sooner we even one classroom in America where current crisis in veterans health care, will be able to bring our troops home, there is a bucket in the corner to catch some 130,000 are waiting 6 months or and I support that effort. the water coming in. We have too more for appointments at VA hospitals Third, it does not cut any funds for many of those right now. or clinics. President Bush submitted a reconstruction. It only delays them. This amendment will help eliminate budget for next year that is $1.8 billion Therefore, this money is fully offset. those buckets of water and create the below what is needed, according to the We are asking for $5.03 billion for modern school buildings our children independent budget produced by America in this amendment and ask need now in America. AMVETS, Disabled Americans, Para- that we simply take a portion—the Our schools are definitely in a state lyzed Veterans of America, and the equivalent of 1 month’s spending, $5.03 of emergency. According to a GAO re- Veterans of Foreign Wars of the United billion—and delay it until next year. port entitled ‘‘School Facilities: Amer- States. Even the administration admits that ica’s School Report, Differing Condi- In this legislation, we are funding efit does not need much of the $20 billion tions,’’ at least one-third of schools are forts to support the men and women in reconstruction until next year. So it in need of extensive repair or replace- who are fighting overseas on our be- is not an emergency. We do not need ment. This is not in Afghanistan or half, who are on active duty. They the full $20 billion right now, and yet Iraq. This is in the United States of come home, they become veterans, and we have real emergencies at home. America. One-third of the schools are they have to wait 6 months to see a There will be plenty of opportunities in need of extensive repair or replace- doctor. What sense does this make? If to provide this $5 billion for Iraq in the ment and at least two-thirds have we cannot keep basic promises to our next appropriations cycle. In fact, last unhealthy environmental conditions. veterans to make sure they have the Thursday’s New York Times reported So two out of three schools in the health care they need, deserve, and we that a team of World Bank economists United States of America have unsafe said they would receive, how in the has concluded that, as a practical mat- environmental conditions. I argue this world are we going to be credible in ter, Iraq can absorb only about $6 bil- is an emergency equal to anything that meeting other commitments? lion in aid next year for its infrastruc- is in front of us that relates to Iraq. Unfortunately, the House bill in- ture needs. We are being asked to allo- An estimated 14 million American cluded the same shortfall, which is $1.8 cate more than $20 billion on recon- children attend deteriorating schools. billion lower than the budget resolu- struction, and yet we are told, as a According to the National Education tion promise of a $3.4 billion increase practical matter, they will not be able Association’s 2000 survey, Michigan over last year’s level. The VA health to use or spend over $6 billion in the schools need at least $9.9 billion in care system is strained. Its budget has next year. One administration official building improvements. That is just in consistently been underfunded and does was even quoted as saying: my State, given all of the needs we not address the health needs of our Where the Iraq aid numbers are not so rea- have from one end of Michigan to the service men and women. sonable is the timeframe for how much can other. Many Michigan educators be- I am pleased to support Senator be spent. This money cannot be spent over- lieve that estimate in fact is too low, JOHNSON’s bill to make health care night. considering the Detroit public schools spending for our veterans mandatory. They are admitting the fact this alone need an estimated $5 billion to This needs to happen, instead of being timeframe is not reasonable, and yet fix leaky roofs, replace boilers, wire slighted by the administration and the we know in ongoing debates in this computers, and other repairs. This is Congress year after year. Right now, Chamber with colleagues on every ap- truly an emergency. over 130,000 veterans wait 6 months or propriations bill coming before us that How do we tell our children to stay more for their primary care appoint- we have critical needs for jobs and edu- in school, do not go on drugs, do not ments. The system is so underfunded cation, veterans health care, and those drop out of school and move to a life of that category 8 veterans, nonservice- who are losing their insurance because crime, stay with it because education connected veterans who make above a of losing their job. We have many needs is so important, and then they walk certain income threshold, are prohib- that are critical at home. into a building that is falling down, ited from enrolling for benefits. Specifically, the ‘‘A Month for Amer- they walk into a building that does not In my State, veterans officials are ica’’ amendment would take this $5.03 have the computers they need in this talking about losing another hospital, billion and allocate it in the following day and age to be successful? What Saginaw VA facility, which means that ways: First, $1 billion for school con- message are we sending to our chil- some veterans in northern Michigan struction; $1.8 billion for veterans dren? This is an emergency. and the Upper Peninsula of Michigan health care; $103 million for full fund- These poor conditions also affect how will have to drive over 200 miles to Ann ing of community health centers; and well our children learn. A recent study Arbor or Detroit for inpatient care. I finally, $2.1 billion for transportation showed students learning in sub- am extremely hopeful they will not projects and job creation, saving 90,000 standard classrooms have test scores proceed with this proposal. jobs. that are anywhere from 5 to 17 percent This amendment commits Congress The United States is spending a little lower than their peers who are in good to keeping our promises to our vet- over $1 billion a week right now in buildings. So when we are talking erans who have earned the right to ac- Iraq, not counting the $87 billion. How- about leave no child behind and raising cess to health care that was created to ever, when an amendment was recently test scores and standards, the quality serve their needs. Our veterans deserve offered to the 2004 Labor-HHS appro- of the building, the science labs, the better than a chronically underfunded priations bill to increase funding for math labs, the technology that is system, long waits for care, and a Na- school construction at home by $1 bil- available, makes a difference in a tion that has asked them to pay the lion, it was defeated on a party-line child’s ability to learn. In addition, price for our freedom, only to be short- vote with only one of our Republican without this additional $1 billion in changed at home. colleagues supporting the increased funding and with the significant State Item 3 in Month for America, accord- funding. This is very unfortunate be- cuts in education funding, Americans ing to the recently released U.S. Cen- cause investing in our schools and in will have to pay more in property taxes sus Report, the number of Americans

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12512 CONGRESSIONAL RECORD — SENATE October 14, 2003 without health care has jumped 5.7 per- As my colleagues know, in the final to veterans and those without insur- cent to 43.6 million Americans. This is item in the Month for America, the ance, and creating jobs is not an emer- the largest single increase in the num- TEA–21 transportation bill expired at gency. I completely disagree. These are ber of the uninsured in the last decade. the end of September, but Congress has crises in America that need immediate According to Families USA, a health not passed a new 6-year bill which is attention. care consumer organization, there were critical to the needs of communities, At the same time, when I looked 2.3 million people in my own State of to jobs, and to the economy. A new 6- through Ambassador Bremer’s report Michigan under the age of 65 who went year bill would provide hundreds of entitled ‘‘The Coalition Provisional without health insurance some time in thousands of jobs to help the economy Authority Request to Rehabilitate and the past year. That means one in four and improve the safety of our Nation’s Reconstruct Iraq,’’ I found billions of people in Michigan under the age of 65 roads and bridges. Instead, Congress dollars for projects which neither I nor was uninsured. Think about that. In passed a short-term, 5-month extension the American people believe are emer- the greatest country in the world, of TEA–21. According to the American gencies. They may be worthy, but they those without insurance often delay or Association of State Highway and are not as much of an emergency as avoid needed services, which results in Transportation Officials, a short-term these needs here at home. I want to a direct increase in more costly emer- extension rather than passage of the 6- point out just a few to my colleagues. gency room care. year bill will compound State budget The first item I found was $161 mil- Who are these people? Seventy-five problems and result in delayed lion for wireless networks, computer percent of them are working. They are projects, added project costs, and lost training, and equipment. We would working in small businesses that would jobs. They indicate that a delay in love to have this in Michigan. I have provide health insurance but for the passing a new 6-year bill would mean many businesses that would love to explosion in prices. These are people the loss of more than 90,000 jobs and have wireless networks. There is no who work in every part of our econ- $2.1 billion in project delays. question that this is a laudable goal. omy. In recent studies, the sagging This is about jobs. We need those jobs But is it an emergency? I don’t think economy suggests these numbers are for American citizens. A 6-year bill so. Couldn’t this wait until next year only going to increase if relief is not in would create hundreds of thousands of while we try to establish security and sight. I tell folks we are going to be jobs. We know that passing a 6-year basic services in Iraq? funding a Government-funded universal $311 billion highway bill would create The second item is $20 million for system in Iraq for every Iraqi to have more than 650,000 jobs in America and business training for Iraqis. This health care and yet in my home State, money will provide 4 weeks of business and I would venture it is comparable almost 23,000 jobs in Michigan alone. Our Nation’s transportation infra- courses to Iraqis for a whopping $10,000 across the country, one out of four peo- structure needs our help now. This a person. If I might plug my alma ple does not have health care. Last really is an emergency. mater, this is more than it would cost year, community health centers across According to the Texas Transpor- for a full year at the Michigan State the country served nearly 5 million un- tation Institute’s 2003 Urban Mobility University Business School. We wel- insured Americans. Community health Study, the cost of congestion continues come people coming to Michigan State. centers have a 30-year track record of to skyrocket, and in 2001 traffic con- The third item is $43 million for job success, and that is where these dollars training and 22 new Iraqi job employ- would go. Study after study has shown gestion cost the Nation $69.5 billion— ment centers. Iraq may have a problem that health centers effectively and effi- $4.1 billion more than in the year 2000— with unemployment, but we also have ciently improve our Nation’s health. 5.7 billion gallons of wasted fuel, and In the last 3 years, they have served 3.5 billion hours of lost productivity a problem with unemployment here at nearly 800,000 American citizens. We sitting in our cars on those roads. We home. Since 2001, we have lost 2.5 mil- need to fully fund community health each understand that. Traffic conges- lion manufacturing jobs in this coun- centers at the level necessary for them tion cost southeastern Michigan over try, many of them in my home State— to do their work and serve working $2.1 billion in 2001 and cost the average 162,300 of them, in fact, in Michigan. families who are not lucky enough to Detroiter $523 per person. This is a loss of 18 percent of Michi- have health insurance from their em- The PRESIDING OFFICER (Mrs. gan’s manufacturing employment—one ployers. DOLE). The Senator’s time has expired. out of six of our manufacturing jobs. The Month for America amendment Ms. STABENOW. Madam President, I Other items include $9 million to es- would provide $103 million for full ask unanimous consent for 5 additional tablish ZIP Codes in Iraq—a nice thing funding of federally qualified commu- minutes. to do, but I think it could wait—and $50 nity health centers to help deal with The PRESIDING OFFICER. Is there million for marshes. I am anxious to go the number of Americans who lack objection? see them since I thought this was a health insurance. This is such a small Mr. STEVENS. Madam President, I desert. investment that obviously yields great yield the Senator 5 minutes of my These do not seem to be emergencies. rewards. For every $100 the Federal time. We are saying, can these please wait Government has been able to allocate The PRESIDING OFFICER. Without until next year so that health care for to community health centers, these objection, the Senator is recognized for our families and jobs for our families centers have been able to serve one ad- 5 minutes. will not have to wait and veterans will ditional new patient. Think about that. Ms. STABENOW. I thank the chair- not have to wait a month to see a doc- For $100, another child can be served, man very much for his graciousness. tor. another mom, or another dad who has The Month for America amendment School construction and jobs are cer- lost his job or lost his insurance. will provide $2.1 billion in highway and tainly a high priority. Why should The Month for America amendment transit funds to high-priority projects these Iraqi projects get special treat- would allow an additional 1.03 million that can begin within 90 days. This will ment in an emergency supplemental Americans to receive access to primary create immediate jobs. Not only will bill while funds for our infrastructure care services; 1.03 million people could this prevent the project delays result- and our needs have to wait and com- have access to a doctor and the health ing from the lack of a 6-year transpor- pete with other priorities next year? It care they need. tation bill, but it will, again, create seems to me the money for our roads We know this is not a complete solu- over 90,000 jobs. We all know we need and schools should get special budg- tion to the issue of health care. I cer- more jobs in America, and we need etary treatment and Iraq projects can tainly have been very involved in a them now. This is an emergency for wait. number of ways to bring down costs every single individual and every fam- We are not asking for all of them to and to address the concerns of small ily who finds themselves in a situation wait. The administration has indicated and large businesses and those who do now where there has been a job loss in they can use about $6 billion in the not have insurance, but it surely would the family. coming year. I am suggesting they get help to be able to fully fund our health Some people will say that modern- the $15 billion. We are just asking for centers. izing our schools, providing health care $5 billion—1 month for America. I

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12513 think these so-called emergency items This amendment also provides $1.8 Mr. STEVENS. Madam President, do for Iraq can wait and we can involve billion for health care to our veterans I have 10 minutes remaining? ourselves in the normal budget process so that we can fulfill the commitment The PRESIDING OFFICER. The Sen- to determine whether they are needed. made to them for their sacrifices. ator has 5 minutes. We need to act now here at home. We President Bush submitted a fiscal Mr. STEVENS. Madam President, the need jobs now. We need health care year 2004 budget request for VA health Senator from Michigan has been talk- now. We need to rebuild our schools that is $1.8 billion below the Inde- ing about veterans health care and now and we need to support our troops pendent Budget produced by AMVETS, school construction. We are talking when they come home and put on their Disabled American Veterans, Paralyzed about Iraq and how to get our people veterans hats when they will need Veterans of America, and the Veterans home. We get them back by assisting health care. of Foreign Wars of the United States. the Iraqis in taking over the manage- Some people say we can’t do both. I It would be a great comfort for those ment of their own country. We do that believe we can. Let us send a message fighting now to know that the U.S. by providing an infusion of capital to today that while we support our troops Congress is serious about meeting the help restore that government to oper- unanimously, we want to have 1 month needs of those who fought before them. ation so it can take over and provide of funding for America here at home. If On healthcare, the supplemental pro- the security services, provide for the we agree to this amendment, we can do vides $850 million for Iraq to construct economic management services, and both. I ask my colleagues before they a new hospital and replace medical provide the army. It takes money to do vote on this amendment to think about equipment. And while we should help that. those who would be impacted by this. those in need throughout the world, we As I pointed out before we went on I urge support for this amendment. should also provide for those at home. recess, the President has chosen a Mrs. BOXER. Madam President, I am That is why the Stabenow amendment unique approach. We could have gone proud to support the amendment of- provides $103 million for federally in with the military and occupied that fered by the Senator from Michigan to qualified community health centers country for 4 to 5 years, as we did in provide funding for important domestic that have been shown to reduce inpa- Germany and as we just did in Kosovo. priorities. This amendment is called tient admission rates for their patients We are still bringing people out of Bos- ‘‘A Month for America.’’ by anywhere from 22 percent to 67 per- nia and Kosovo because we did not do Each month, the U.S. is spending cent, and have reduced the number of roughly $5 billion for operations in Iraq that. This time we are going in to try patients admitted per year and the to help them get in the position to and Afghanistan at a time when impor- length of stay among those who were tant priorities here at home go unmet. take care of themselves and bring our admitted. people back. This amendment would take $5 billion Finally, this amendment would pro- of the reconstruction money ear- This is at the request of the other vide $2.1 billion for highway and public side of the aisle. The President has marked for Iraq and allocates it in the transit programs. Transit is so impor- following way: $1 billion for school consent us a unique supplemental. The tant for my State. We have so much Democratic Party commanded that the struction, $1.8 billion for health pro- congestion that we must improve our President give us a budget for 2004 for grams for our veterans, $103 million for highways and roads and build public community health centers, and $2.1 bil- Iraq. This is it. transportation. No President has done this in his- lion for highways and public transit. According to the Texas Transpor- tory. President Clinton did not do it. In These domestic priorities are an tation Institute, Los Angeles and the fact, President Roosevelt did not do it. emergency now. Surely we can delay $5 San Francisco-Oakland region are President Eisenhower did not do it. billion in Iraqi reconstruction funds ranking No. 1 and 2 for the worst road- until the fiscal year 2005 when even the way congestion in this country. Cali- President Johnson did not do it. This President budgeted ahead of World Bank says that only $5.8 billion fornia has two more cities in the top 5 time for war, for a concept of finishing can be absorbed by Iraq next year to with San Jose ranked 4 and San Diego what we started. Part of what we start- rebuild its infrastructure. ranked 5. I want to talk about the need for new The Inland Empire of San Bernardino ed was to put in place a government in Federal spending to help rebuild and and Riverside Counties is ranked 12 and Iraq that would not be the despotic re- rehabilitate schools in California. Sacramento is ranked 13. gime of Saddam Hussein. These are the current conditions: 87 What does this congestion translate Argue all you want about the need percent of schools report a need to up- to? Delays. In the Los Angeles area: 136 for money. I agree, there is certainly a grade or repair building to good overall hours per year, on average per driver, need for more money for veterans condition; 71 percent of schools report in peak hours. San Francisco-Oakland health care. I disagree about the state- at least one inadequate building fea- drivers put up with 92 hours of delays, ment concerning the need for new pub- ture, such as the roof, plumbing, elec- and San Jose drivers endure 74 hours of lic school facilities. I am informed that trical systems, windows, or heating delays. Inland Empire drivers are de- in 2002 alone, school districts com- and air conditioning; and 87 percent of layed by 64 hours, and San Diego driv- pleted $11.7 billion of new construction. schools report at least one unsatisfac- ers are delayed by 51 hours a year. The recent study of the General Ac- tory environmental factor, such as air Californians are trying to reduce con- counting Office and the National Cen- quality, ventilation, heating, or light- gestion. More Californians are using alter for Education Statistics indicates ing. ternative forms of transportation. Pub- that schools are in better condition This is an emergency. Yet when an lic transit carries over 1.2 billion pas- than they have been in the past; 81 per- amendment was offered by Senators sengers a year in California. cent of the schools reported their CLINTON and HARKIN to the fiscal year Transit ridership is up in California. buildings were in adequate or better 2004 Labor-HHS bill to increase funding The number of miles traveled annually condition, 84 percent reported them to for school reconstruction by $1 billion by transit passengers grew by 20 per- be in adequate or better condition. It is for the entire year, it was defeated on cent between 1997 and 2001. The number a minority of schools that are not in a party-line vote with only one Repub- of annual passenger trips was up 14 per- adequate shape. lican supporting the increased funding. cent. In the San Francisco Bay Bridge One place where there are no schools It is a shame that this supplemental corridor, 38 percent of all trips are on without our assistance is Iraq. How bill will spend in excess of $100 million transit. And, 30 percent of all trips into will our men and women come home for education in Iraq but not one penny central Los Angeles are on transit. unless the schools are functioning, unfor education in California. Like the other domestic priorities less the police are functioning, unless The Bush administration wants to outlined in the Stabenow amendment, the army is functioning, unless the spend $10,000 per month for business we need to fund transit so we can im- economy is functioning? That is the school in Iraq—more than double the prove our infrastructure in this coun- way to get them home. monthly cost of Harvard Business try. I thank the Senator from Michigan If we do not provide this $20.3 billion, School—but there is no funding for the for her amendment and urge its adop- we can increase the money for the oc- children in California. tion. cupation and occupy that enormous

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12514 CONGRESSIONAL RECORD — SENATE October 14, 2003 country for 4 to 5 years. We know what Dodd Jeffords Nelson (FL) Iraq, unlike Afghanistan, is a rather it is costing. Look at the budget we Dorgan Johnson Reed wealthy country. They have tremendous re- Durbin Kennedy Reid sources that belong to the Iraqi people and have: $66 billion for defense, $20.3 bil- Feingold Landrieu Rockefeller so therefore a variety of means that Iraq has lion for assisting Iraq to become a na- Feinstein Lautenberg Sarbanes to be able to shoulder much of the burden for tion. The $66 billion will go on and on Graham (FL) Leahy Schumer Harkin Levin their own reconstruction. and on, a demand for more and more Stabenow Hollings Lincoln Wyden Mr. Fleischer was followed by Mr. money for the military in Iraq unless Inouye Mikulski Wolfowitz, the Deputy Secretary of we take the action the President has NOT VOTING—6 State. He said that the oil revenues of requested and provide the $20.3 billion Dayton Kerry Lieberman that country could bring between $50 necessary. The amendment of the Sen- Edwards Kohl Miller billion and $100 billion over the course ator will take over $5 billion out of The motion was agreed to. of the next 2 or 3 years and that we are that. It will cripple that program. Mr. COCHRAN. Madam President, I dealing with a country that can really We will have to send more and more move to reconsider the vote. finance its own reconstruction, and rel- people in uniform to do for Iraqis what Mr. REID. I move to lay that motion atively soon. they could do for themselves if they on the table. The Defense Secretary himself, Don- had the money to start their economy, The motion to lay on the table was ald Rumsfeld, in March, said: start their security systems, start agreed to. their military systems, start their I don’t believe the U.S. has the responsi- Mr. REID. What is the matter now bility for reconstruction, in a sense . . . and whole governmental systems and make before the Senate? the funds can come from those various them work. That is what we should do. AMENDMENT NO. 1826 sources I mentioned: frozen assets, oil reve- Some people call it nation building; I nues, and a variety of other things. The PRESIDING OFFICER. The time call it nation reconstructing. But in Well, that is at odds with the current any event, it is an absolute necessity between now and 6:30 is equally divided with respect to amendment No. 1826. request by the President to the Con- at this time to put the Iraqis back in gress, saying we need to have $20-plus- control of their own affairs. It will not Mr. REID. Madam President, we understand that is the order that has billion for the reconstruction. The Dep- happen if the Stabenow amendment is uty Secretary of State said oil revenue adopted. been entered. Senator DORGAN squeezed his time previously from 3 hours to 2 could do that. The Secretary of Defense I yield back the remainder of my said that oil revenue would be avail- time. I move to table the amendment hours, and now it is 45 minutes. That is because this vote took so long. I hope able for that. of the Senator, and I ask for the yeas And then Vice President CHENEY, on and nays. the majority will push the votes more quickly. That vote took 30 minutes. March 16, said: The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Who In Iraq, you’ve got a nation that has the sufficient second? yields time? second largest reserves of oil in the world— There is a sufficient second. The Senator from North Dakota is second only to Saudi Arabia. It will generate The question is on agreeing to the billions of dollars a year in cash flow in the recognized. motion. The clerk will call the roll. relatively near future. And that flow re- Mr. DORGAN. Madam President, is sources, which obviously belongs to the Iraqi The legislative clerk called the roll. my amendment now pending? Mr. REID. I announce that the Sen- people, needs to be put to use by the Iraqi The PRESIDING OFFICER. Yes. people for the Iraqi people, and that will be ator from Minnesota (Mr. DAYTON), the Mr. DORGAN. I yield myself such one of the major objectives. Senator from North Carolina (Mr. time as I may consume. We also have Then, the person at the State Depart- EDWARDS), the Senator from Massachu- other speakers on this amendment. ment who is responsible for reconstruc- setts (Mr. KERRY), the Senator from Mr. President, I have spoken about tion, Mr. Natsios, had the following ex- Wisconsin (Mr. KOHL), the Senator this amendment on previous occasions. change on ‘‘Nightline’’ with Ted from Connecticut (Mr. LIEBERMAN), and The amendment directs the Coalition Koppel. the Senator from Georgia (Mr. MILLER) Provisional Authority, in cooperation Koppel said: are necessarily absent. with the Governing Council of Iraq, to I further announce that, if present I understand that more money is expected create an Iraq Reconstruction Finance to be spent on that than was spent on the en- and voting, the Senator from Massa- Authority. The purpose of the Iraq Re- tire Marshall plan for the rebuilding of Eu- chusetts (Mr. KERRY), would vote construction Finance Authority shall rope after the World War II. ‘‘nay.’’ be to securitize future production of Natsios said: The PRESIDING OFFICER. Are there Iraqi oil, in order to finance the recon- any other Senators in the Chamber de- No, no, that doesn’t even compare re- struction of Iraq. motely with the size of the Marshall plan. siring to vote? In short, this amendment says that Koppel: The result was announced—yeas 59, the reconstruction of Iraq should in- The Marshall plan was $97 billion. nays 35, as follows: volve the Iraqi people, using Iraqi oil [Rollcall Vote No. 379 Leg.] to reconstruct their country and that Natsios: YEAS—59 it should not be the American tax- This is $1.7 billion. Alexander Craig McConnell payers reconstructing Iraq. Talking about the reconstruction Allard Crapo Murkowski This morning’s Washington Post says plan for Iraq. Allen DeWine Murray that the Secretary of State is at the The program continued. Bennett Dole Nelson (NE) United Nations, attempting to get a Koppel said: Biden Domenici Nickles Bingaman Ensign Pryor resolution passed that would confer on When you talk about 1.7, you are not sug- Bond Enzi Roberts the Iraqi Governing Council and its gesting that the rebuilding of Iraq is going Brownback Fitzgerald Santorum Ministers the sovereignty over the to be done for $1.7 billion. Bunning Frist Sessions Burns Graham (SC) state of Iraq. Surely, if this adminis- Natsios: Shelby Byrd Grassley tration is ready to recognize the Iraqi Smith Well, in terms of the American taxpayers’ Campbell Gregg Governing Council as the sovereign of contribution, I do. This is it for the U.S. The Cantwell Hagel Snowe Carper Hatch Specter the state of Iraq, that body should have rest of the rebuilding will be done by other Chafee Hutchison Stevens the ability to use future revenues from countries who have already made the Chambliss Inhofe Sununu the sale of Iraqi oil, to reconstruct pledges, and by Iraqi oil revenues. Cochran Kyl Talent their own country. Will you excuse a few of us for believ- Coleman Lott Thomas Collins Lugar Voinovich The fact is that, for months, this ad- ing the Vice President, the Secretary Cornyn McCain Warner ministration told us that Iraq’s oil of Defense, the Deputy Secretary of De- NAYS—35 would allow the Iraqi people to finance fense, and others, who repeatedly said their own reconstruction. this year that the American taxpayers Akaka Boxer Conrad Baucus Breaux Corzine Mr. Fleischer, the White House press won’t be on the hook for the recon- Bayh Clinton Daschle secretary, said this in February: struction of Iraq? Will you excuse us

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12515 for believing we could use Iraq oil for They told us we needed to invade nificant issue for the future of our Na- this purpose? That is what they said Iraq because of weapons of mass de- tion. would happen. Now the administration struction, which we cannot find. The fundamental question to me is says that is not the case at all and they They told us we needed to invade what should be our standard in resolv- want to use the American taxpayers’ Iraq because of their linkage with 9/11 ing the myriad of questions which sur- dollars to shoulder the burden for re- terrorists, which now the President has round the President’s request for $87 construction of Iraq. said is not a fact. billion in occupation and reconstruc- Mr. DURBIN. Will the Senator yield? They told us we didn’t have to worry tion expense in Iraq. Mr. DORGAN. Let me make this one about rebuilding Iraq because of all the My answer to that question is that point. I asked Ambassador Bremer to oil revenues. we should test each of these proposals explain whether it would be possible to Is the Senator from North Dakota against the standards of: Will this give securitize Iraq’s future oil revenues to finding the same difficulty I am in fol- us an honorable and an expeditious exit pay for Iraq’s reconstruction. Ambas- lowing their logic? All the reasons to from Iraq? Will this contribute to our sador Bremer’s answer: You can’t use invade Iraq have disappeared. As I un- ability to leave Iraq, to take American Iraq oil because Iraq owes foreign debt. derstand it, the oil is still there. The troops out of the quagmire and the I said: Who to? oil was supposed to be the source to re- killing field which Iraq has become, He said: Russia, France, and Ger- build Iraq. Is the administration sug- but to do so with honor? many. gesting there is no oil in Iraq? We basically have two options that Following that hearing, I checked. In Mr. DORGAN. No. In fact, quite the are presently available to us as to how fact, Russia, France, and Germany are contrary. Ambassador Bremer testified to reach that objective. One is the go- indeed owed money by Saddam Hus- that by July of next year, they will be it-alone approach; that we will conduct sein’s regime. But the biggest creditors pulling 3 million barrels a day out of the occupation and the reconstruction of Saddam Hussein’s regime are Saudi the sands of Iraq. There is liquid gold essentially alone, without significant Arabia and Kuwait. under those sands. Three million bar- allies. Second is that we should inter- Wouldn’t it be a perversity if, in fact, rels a day by next July will net them nationalize the occupation and recon- the American taxpayers are told that $16 billion a year in net export revenue struction of Iraq. We should do this by they have to pay taxes to ship $20 bil- from oil—$16 billion a year. That is $160 increasing the control of Iraqis who lion to Iraq to reconstruct Iraq—so billion in 10 years. They can easily have the confidence of their country Iraq can pump oil and send cash to securitize a small fraction of that to men and women by involving other Saudi Arabia and Kuwait in satisfac- fund all of the reconstruction that is countries in the shared burden and re- tion of Saddam Hussein’s debts? necessary in Iraq. It can easily be done sponsibility of the occupation and re- You talk about a perversity of public if there is a will to do it. But they will construction of Iraq, and we should be policy. That is it. not do it if the President says: Let’s sensitive to the international presence My amendment is painfully simple. have the American taxpayers do it. that we are setting by our action. It says that the Iraqi Governing Coun- Mr. DURBIN. If the Senator will Why do I believe providing these re- cil shall have a mechanism that would yield for another question, if I under- construction dollars through a loan allow it to use Iraqi oil to reconstruct stand this, the President and the Bush rather than through a direct grant Iraq. administration are asking us to borrow would more likely achieve the goal of One final point. During the recent money from the Social Security trust internationalization and, therefore, the military campaign in Iraq, we did not fund to increase the deficit of the goal of an honorable and expeditious target Iraq’s infrastructure. We didn’t United States, to cut back on spending exit from Iraq? bomb its roads, bridges, dams, or elec- on education and health care so that First, it will maintain American do- tric grid. Now, Iraq does need recon- we can provide reconstruction funds for mestic support, or at least it will serve struction, no question about that, but Iraq which can then pump the oil and as a brake on what I sense is the in- the reconstruction is necessary because sell it and with the revenues pay off creasing loss of American domestic of decades of neglect. It is not because their debt to Saudi Arabia; is that the support for the occupation and recon- of any action by our military. And the logic behind the administration’s posi- struction of Iraq. We all can read the fact is that the Iraqi people have a tre- tion? polls and see what the American people mendous resource to finance that re- Mr. DORGAN. Madam President, the feel about this $87 billion request. They construction, which they could and two largest creditors of Iraq are Saudi dislike it in overwhelming numbers, should use. Arabia and Kuwait. The Senator from but there is even more than what you So the President ought not be so Illinois is absolutely correct. can state statistically. There is what quick to ask for $20 billion from the Mr. DURBIN. Through the Chair, I you can feel intuitively. American taxpayers for reconstruction, would like to ask the Senator, so the I sense all across the country an in- when his Vice President, the Secretary administration is prepared to dis- creasing question of what are we doing of Defense, the Deputy Secretary of De- appoint Social Security recipients in in Iraq? Why are we in a situation fense, and all the rest of them said this America rather than disappoint the where one American is killed and 10 year that the reconstruction of Iraq Saudis who loaned money to Saddam Americans are maimed every day, would be financed with Iraqi oil. Now Hussein and now want to be repaid? where we are spending $1 billion every we are told it cannot be done and won’t Mr. DORGAN. Madam President, week? What is our exit strategy? be done. I say with this amendment Saddam Hussein has vanished. His gov- I believe this approach of providing that it can be done and should be done. ernment doesn’t exist. The Iraqi people that at least a part of these expendi- Mr. DURBIN. Will the Senator yield ought not be saddled with massive tures will be repaid to the American for a question? debts to countries like Saudi Arabia, taxpayers will help to build some foun- Mr. DORGAN. I am happy to yield to some of the wealthiest countries in the dation under what now appears to be a my colleague. world. The American taxpayer should straight tunnel toward the loss of pub- Mr. DURBIN. Madam President, I not be told to pay for the reconstruc- lic support. want to make sure the point the Sen- tion of Iraq, while Iraqi oil revenues Second, this would not further add to ator has just made is driven home for are hauled off to Saudi Arabia and Ku- the national debt. We have basically those following this debate. wait. three choices as to who is going to pay This administration told us we need- I yield 8 minutes to my colleague for this war. The first choice is our ed to invade Iraq because there were from Florida, Senator GRAHAM. generation. We are in the war for what nuclear weapons there, which we can- The PRESIDING OFFICER. The Sen- we consider to be important national not find. ator from Florida. security reasons. If that is the case, we They told us we needed to invade Mr. GRAHAM. I thank the Chair. ought to be prepared to pay for it, not Iraq because there was uranium, fissile Madam President, it is a pleasure to ask future generations to pay for it. material coming in from Africa to Iraq, return to this great institution at a But last week the Senate rejected the which now they say did not exist. time when we are debating a truly sig- Biden amendment which would have

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12516 CONGRESSIONAL RECORD — SENATE October 14, 2003 caused our generation to pay for our grant but for Mexico it was a loan with could bring between $50 and $100 billion over occupation and reconstruction of Iraq. their oil revenue as the collateral for the course of the next two or three years. So that is off the table. repayment? . . . We’re dealing with a country that can The second is, we are going to ask The question that is asked all over really finance its own reconstruction, and relatively soon. our grandchildren to pay for this occu- this country is, Why can we rebuild the pation and reconstruction. If we do roads, the bridges, the schools, the Hello. Deputy Secretary Wolfowitz, this, we are engaged in a sharp break electric grid of Iraq, but we cannot do how can you rationalize coming to with tradition and precedent. it in the United States? Why can we do Congress 6 months later and asking for Let me just state these numbers. The it as a grant to one of the richest coun- $20 billion after you told us that Iraq could finance its own reconstruction? Marshall plan started in 1948. The pub- tries in terms of petroleum in the He was not alone in these pronounce- lic debt of the U.S. Government in 1948 world, which will never be repaid to was $216 billion. Four years later, as ments. This is Secretary of Defense help us rebuild our own bridges, roads, Don Rumsfeld saying at about the the Marshall plan was coming to a and schools? This represents a key same time: close, but the United States was at war turning point, in my judgment, for the in Korea, in 1952, the public debt of the I don’t believe the United States has the beginning of the 21st century. Will Iraq responsibility for reconstruction in a sense United States was $214 billion. So we be the Germany of the 1950s or will it . . . And the funds can come from those var- actually reduced the public debt of the be the Vietnam of the 1970s in terms of ious sources I mentioned: frozen assets, oil United States during the period of the the United States? revenues and a variety of other things. Marshall plan and the early phases of I believe voting for reasonable burden What they were trying to do was the Korean war. We are not following sharing between Iraq and the United paint a picture to the American people that precedent today. We are saying we States, and other proposals that will that there was no pain, all gain: We are going to put all of these additional share the burden on a more inter- will remove Saddam Hussein and, expenses into the most enormous an- national basis, will be a key to answer- frankly, the world will greet us as he- nual deficits the United States has ever ing that question. roes, as will the Iraqi people, and then seen. The PRESIDING OFFICER (Mr. they will use their revenues to rebuild Finally, we should do this because it CHAFEE). The Senator from North Da- the country and prove you can have a will require Iraqis pay for the recon- kota. much better government in Iraq. struction and have a substantial Mr. DORGAN. I yield 7 minutes to I certainly hope for the Iraqi people amount of control over the reconstruc- the Senator from Illinois. they do have a better government, but tion. One of the characteristics that The PRESIDING OFFICER. Without should it not be at their expense rather made the Marshall plan so successful objection, it is so ordered. than our expense? was that while we provided funds—and Mr. DURBIN. Mr. President, I thank The point that was made by the Sen- incidentally, on a $1-to-$1 matching the Senator from North Dakota for ator from North Dakota is a telling basis, not a 100-percent to 0-percent yielding and I rise in support of the point. We are borrowing money in the basis, as is being proposed here—we amendment he has offered. United States from Social Security, provided funds on that basis and then Also, I say welcome back to Senator from American taxpayers, and from let the leadership of the individual BOB GRAHAM of Florida. We are glad to our children; we are increasing the def- countries, whether it was our allies, have him off the trail and back in the icit of this country to come up with $87 such as France, or enemies, such as Senate where we need him. billion, $20 billion of which is going to Germany, make the judgments as to This is an interesting issue to bring rebuild Iraq. what they believed the priorities to the American people because it is an We are going to have that debt when should be for the use of those funds. issue where we ask this administration it is over, according to President Bush Here we are unilaterally deciding by to stand by its own promises, to stand and his supporters on the Senate floor. action of our administration and our by its own words, and they cannot. Yet the reason we cannot ask Iraq to Congress what the priorities should be. They cannot because as recently as 6 shoulder this burden itself, despite all Finally, in another domain, I think months ago, the leaders of this admin- of these pronouncements from Sec- this sets a dangerous precedent for our istration said we would not be on the retary Rumsfeld and Assistant Sec- relations with other countries. In this Senate floor today debating an $87 bil- retary Wolfowitz, is that Iraq has its same legislation, we are providing a lion bill. They told not only the Senate own obligations to countries such as relatively small grant to Afghanistan, and the House and the American peo- Saudi Arabia and Kuwait. both for security and for reconstruc- ple, they told the world that Iraq had Look at the debt of Iraq that we are tion. I think that is defensible. Afghan- the resources to take care of itself. It protecting by borrowing money from istan is one of the poorest countries in was part of the buildup to the war, a Social Security. Their biggest credi- the world. Afghanistan is a country war which was built on false premises tors include Saudi Arabia, the gulf which is key to a victory on terrorism. of nuclear weapons that did not exist, states, Kuwait, Russia, Japan, France, But now we apply exactly the same fissile material from Africa that did and Germany. Frankly, I care less standards to the country which sits on not exist, biological and chemical about the royal family in Saudi Arabia the second largest oil reserve on this weapons which have not been discov- than I do about American families planet and a country which, in my ered, and a link with al-Qaida which counting on Social Security. judgment, was not a legitimate part of cannot be substantiated. Why doesn’t the President? Why the war on terror until we made it a All of these were part of the ration- doesn’t the President of the United part of the war on terror by the war ale for invading Iraq with the coalition States believe that Saudi Arabia, itself. of the willing, which contained Great which trusted Saddam Hussein to lend We also have Mexico. In the 1990s, Britain and precious few other coun- him millions of dollars, should frankly Mexico was in very difficult financial tries with major resources or troops. be the ones to lose in any bargain status. There were some who specu- So we invaded Iraq and then said to the about Iraq’s future? No. From the Bush lated it might even go into bank- American people: Do not worry about administration viewpoint, the losers ruptcy. We came to Mexico’s financial after the war. The Iraqis are really rife should be the American taxpayers, our support. How did we do it? We did it by with all sorts of oil resources and reve- children, and people counting on Social collateralizing the future oil revenue of nues. They can take care of them- Security. Mexico to pay what we had advanced to selves. So the Senator from North Dakota give them greater fiscal solidity during I am not making this up because if asked an obvious question: If they have a time of great instability. How do we we followed the statements made by all of this oil revenue, why can’t they tell the Mexicans that when we were Paul Wolfowitz, the architect of the pledge that revenue to raise the money lending money to them, a country Iraq strategy, this is what Mr. to rebuild their own country? It is just which in natural resources is consider- Wolfowitz said in March: that simple. Someone has to borrow ably less endowed than Iraq, we are . . . the oil revenues of that country— the money to rebuild Iraq. It will ei- going to give it to Iraq as a straight Iraq— ther be the American taxpayers or the

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Might I inquire? dering when it comes to the plans after The PRESIDING OFFICER. Twenty- weeks they will be producing 3 billion the invasion of Iraq. I give credit to the seven minutes. barrels a day in July. That is what he military. In 3 weeks they did an ex- Mr. DORGAN. I don’t know whether testified before the Appropriations traordinary job. Since then, things the Senator from Mississippi intends to Committee. If that in fact is the case, have been just fumbled around. We speak or has speakers at this point. If apparently there has been a change of went from General Garner to Ambas- he does not intend to speak, I will mind here in the administration about sador Bremer, and while we were out make some additional comments. If he whether Iraq oil should be used for Iraq last week and the Senate was back does, I certainly will yield the floor to reconstruction. It was alleged by Sec- home, Condoleezza Rice was given the him. retary Wolfowitz it should be, it was authority for rebuilding Iraq. This is The PRESIDING OFFICER. The Sen- alleged by Secretary Rumsfeld it getting hard to follow. It frankly be- ator from Mississippi? should be, by the Vice President it trays the fact that this administration Mr. DORGAN. I was inquiring; I will should be and would be. Now, appar- does not know which way to head. yield the floor to the Senator from ently, they have changed their mind. Here is the fundamental problem: We Mississippi if he is intending to speak. Second Rumsfeld also said to me in want Iraq to be a stable and secure na- Mr. COCHRAN. Mr. President, we testimony: tion. We would like to see them move have a certain amount of time under What that country is suffering from toward self-government and toward a the agreement. We will use that time [speaking of Iraq] is 30 years of a Stalinist- market economy, but all of this will when we choose. I do not intend to use type economy and starvation of the infra- take an enormous amount of money structure of the needed investments. That is any at this time. If you want to con- not the obligation of the United States of and time, and an enormous departure tinue to debate your amendment, it is from a country which has no history of America to repair. your amendment. I am for the com- So the 20-plus-billion-dollars request any of the things I just mentioned. mittee bill. I think the committee Iraq was created by the British colo- we have for reconstruction of Iraq in- made the right decision. I am going to cludes the replacement and the reha- nial empire. They drew a line on a map say that and cite the provisions of the and said: We will call this Iraq. Up bilitation of power distribution net- report underlining the rationale for the until that point in time, there was lit- works that were in a highly deterio- bill and the support we are trying to tle to trace the history of anything rated condition before the war, $50 mil- provide the President. So you have the called Iraq. Now we are trying to make lion to restore marshland water laboring oar, in my view. projects, $125 million to restore rail- this into a nation state. First we have Mr. DORGAN. Mr. President, I thank to establish not only a national iden- road tracks that suffered from severe the Senator from Mississippi. I am well tity that is not from the command and neglect. Locomotives and railcars were aware it is my amendment, of course. control of a dictator, but also we have in a deplorable state; backup genera- Normally in the debate on amend- to establish an economy that can build tors were inoperative due to lack of ments, we try to go back and forth to a middle class that can participate in maintenance and spare parts. be fair. I was simply inquiring whether democracy as we know it. This is a But more Members of the House of he intended to speak. He apparently long, expensive process. Representatives of the majority party Who should pay for it? American tax- will speak at another time. saw fit to eliminate some of them—$9 payers or the people of Iraq? I think I will make a couple of additional million to study a ZIP Code for the the answer to that question is very ob- comments. We have some other Sen- Iraq Government or for the country of vious. I hope my colleagues, who feel ators who are coming to the floor to Iraq; $50,000 apiece for garbage trucks, duty bound to stand by the Bush ad- comment as well. $150 million for a children’s hospital, Let me describe in more detail the ministration no matter what, will only and the list goes on and on. stand by the statements made by the comments by the Vice President be- Clearly, some of it is not urgent. Bush administration to the American cause my colleague indicates the ad- Some of it is not an emergency. In my people 6 months ago. If the people in ministration is very much opposed to judgment, it ought to be paid for with this Chamber will stand by the prom- this. Iraqi oil. That was what was promised The administration has not been op- ises of Secretary Wolfowitz, Vice Presi- and alleged by the Vice President, by posed to it in the past. In fact, they dent CHENEY, and Secretary Rumsfeld, the Secretary of Defense, and the As- represented to the American people then Senator DORGAN is going to be sistant Secretary of Defense. successful. However, if this turns out that Iraq oil shall be used to recon- We are told by the President and oth- to be a partisan rollcall, take it or struct Iraq, so apparently it is a ers as well—the Secretary of State and leave it, you are with the President or changed position. Let me describe in Secretary of Defense—the question is, not, then the losers are going to be more detail the comments of the Vice What will strengthen the Iraq econ- families across America. Families are President on ‘‘Meet The Press.’’ This omy? That is an important question. I going to see Social Security trust occurred in March of this year. Quoting believe reconstruction will strengthen funds used to build Iraq while oil reve- Tim Russert, he says: the Iraq economy. I believe that ought nues in Iraq are used to pay off the Every analysis said this war itself would to be done and paid for with Iraq oil. Saudis who loaned money to Saddam cost about $80 billion, recovery of Baghdad, But a more important question is, perhaps of Iraq, about $10 billion per year. Hussein. That I think is an outrageous What will strengthen the U.S. econ- We should expect as American citizens that omy? We are borrowing $20 billion. Will outcome. this would cost at least $100 billion for a two- I think the Senator from North Da- year involvement. borrowing $20 billion and sending it to kota has it right. We have done a great Vice President Cheney: I can’t say that, Iraq so Iraq can pump oil and send cash deal for Iraq to date. We are spending Tim. There are estimates out there. It’s im- to the Saudis and Kuwaitis strengthen $1 billion a week. We have lost over 300 portant, though, to recognize that we’ve got the United States economy? Absolutely brave American soldiers. Walter Reed a different set of circumstances than we’ve not. That is why I offer this amend- Hospital, not far from Capitol Hill, has had in Afghanistan. In Afghanistan you’ve ment. This amendment failed in the rooms filled with soldiers, men and got a nation without significant resources. Appropriations Committee by a vote of In Iraq you’ve got a nation that’s got the women, who went to Iraq who came second-largest oil reserves in the world, sec- 15 to 14. back wounded with grievous injuries. ond only to Saudi Arabia. It will generate I don’t diminish the arguments of We have given a lot. We should not ask billions of dollars a year in cash flow if they those who oppose it, but, frankly, I the American taxpayers to give up get back to their production of roughly three think they are wrong. I believe this more. million barrels of oil a day, in the relatively was represented by the administration

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12518 CONGRESSIONAL RECORD — SENATE October 14, 2003 to be the right course. I now offer it as eration to pay for the decisions we out of the Pentagon, that listed all the an amendment and will hope when we make today because we refuse to take reasons why loans were a bad idea: We have a vote at 6:30 it will prevail. responsibility for them. would not want any other entity, such I yield the floor and I make a point of This is a difficult situation to de- as the new Iraqi Government or the Co- order a quorum is not present. scribe and explain to my constituents. alition Provisional Authority, to be de- The PRESIDING OFFICER. The I am asked how we can ask our tax- ciding where any of the money went; clerk will call the roll. payers to contribute over $20 billion for we would not want any, other than The assistant legislative clerk pro- the reconstruction of Iraq when that American, contractors to get any of ceeded to call the roll. was never presented to the American the contracts; we would not want any- Mr. DORGAN. Mr. President, I ask public or even to the Congress. Time body to think we were in it just for the unanimous consent that the order for and time again the Congress was told oil, which they might somehow believe the quorum call be rescinded. by administration officials that it if we had some responsible, mature re- The PRESIDING OFFICER. Without would not cost very much money, it lationship that expected some repay- objection, it is so ordered. would not take very long, and besides, ment. Mr. DORGAN. Mr. President, I am we could expect Iraqi oil revenues to I read those talking points. I looked waiting for a couple of speakers whose pay for Iraqi reconstruction, and other at those arguments, and, frankly, they offices have told me they are on the nations would join us in shouldering are not very convincing. I am still hav- way. It is my understanding from the the burden. ing trouble trying to figure out how we Senator from Mississippi that he or Now, of course, we are told by the ad- went from a position in the spring others will be speaking as well. I will ministration not to expect very much where administration official after ad- put us in quorum call. I ask unanimous from anyone else, and we cannot even ministration official would not tell us consent that the quorum call be look to the Iraqi oil revenues at some how much it was going to cost, would charged equally against both sides. point in the future. We should not be not tell us how long it was going to The PRESIDING OFFICER. Without asking anything of the Iraqi people and take, would not tell us how long we objection, it is so ordered. their soon-to-be new government with were going to be there, and always re- Is the Senator from North Dakota respect to the American taxpayers and assured us that it was going to be paid suggesting a quorum call? to the sacrifice that our American men for with the revenues from Iraqi oil Mr. DORGAN. Yes. I suggest the ab- and women in uniform have made for once it began flowing, to where we can- sence of a quorum. Iraq’s freedom. not even ask for any kind of repay- The PRESIDING OFFICER. The The administration argues that this ment. clerk will call the roll. $20 billion must be given in grants and The PRESIDING OFFICER. The Sen- The assistant legislative clerk pro- not loans. The logic escapes me. Part ator has consumed the 8 minutes yield- ceeded to call the roll. of this money will go to rebuild the oil ed to her. Mrs. CLINTON. Mr. President, I ask industry of Iraq. There are estimates Mrs. CLINTON. Mr. President, I ask unanimous consent that the order for ranging from hundreds of billions of unanimous consent for 1 additional the quorum call be rescinded. barrels of recoverable oil to a trillion. minute. The PRESIDING OFFICER. Without There is no doubt that if we get this oil The PRESIDING OFFICER. Without objection, it is so ordered. industry up and going, Iraq stands to objection, it is so ordered. Mr. DORGAN. I yield 8 minutes to be one of the richest nations in the Mrs. CLINTON. I strongly support the Senator from New York. world. The per capita income can be ex- the Dorgan amendment. I think it is Mrs. CLINTON. Mr. President, I come pected to shoot past most of the rest of the right thing for Iraq. I think it is to the Senate in support of the Dorgan the inhabitants of this globe. And I am the right thing for our country. It sets amendment to this supplemental ap- all for it. That is wonderful. But not at the right tone about how we are going propriations. I come also having been the expense of the American taxpayer to be dealing with this situation going the beneficiary of the week-long recess, and not at the expense of an increasing forward. It lays down a marker that we traveling throughout my State talking deficit and debt burden on our children. are willing to shoulder this burden, but to many people, hearing what is on I am wondering how we can justify we expect at some point in the future their minds, trying to answer their putting money in a grant to rebuild an for the American taxpayers of this or questions and drawing some conclu- oil industry that will start producing the next generation to be given some sions about where we stand in our revenues that will then be used in part repayment opportunity from a new na- country on the important issue con- to pay back nations in the gulf and in tion that we helped to create that, cerning the mission in Iraq and the Europe and elsewhere who have lent hopefully, will have the kind of future President’s request for $87 billion. I tens of billions of dollars to the former we are counting on and that many of us talked with New Yorkers from Syra- regime to do things like build palaces. support. cuse to Staten Island. At every stop, I Those who worked with, collaborated Mr. President, I yield the floor. had questions and concerns expressed with, and supported the Saddam Hus- The PRESIDING OFFICER. Who about this request for $87 billion. sein regime could conceivably be paid yields time? New Yorkers are concerned that this back from the fruits of the labor of Mr. DORGAN. Mr. President, I sug- money is being asked for and will be American taxpayers who have gotten gest the absence of a quorum. spent with no real plan for how we the oil flowing again. I, for one, cannot The PRESIDING OFFICER. The Sen- move toward the goal in Iraq to create explain that in any audience I find my- ator from North Dakota no longer has an independent, functioning govern- self. adequate time to suggest the absence ment that is able to stabilize the situa- Some in the administration have ar- of a quorum. tion there with adequate security, gued our aid to Iraq is analogous to the The Senator from Mississippi. begin providing services to the Iraqi Marshall plan. But, of course, we know Mr. COCHRAN. Mr. President, I sug- people, and move toward self-suffi- it is not. gest the absence of a quorum. ciency. That is a good rhetorical point to The PRESIDING OFFICER. The I also was faced with many questions make, but it is not historically accu- clerk will call the roll. about how we intend to pay for our rate. The U.S. did provide funds to both The assistant legislative clerk pro- commitment to Iraq and to our mili- allies and enemies after World War II ceeded to call the roll. tary forces since we are faced with based on a matching program of con- Mr. COCHRAN. Mr. President, I ask record deficits and increasing debt. tributions from those nations. We did unanimous consent that the order for Time and time again, I heard my con- not offer reconstruction funds without the quorum call be rescinded. stituents echo the concerns of the sen- qualification. We required a commit- The PRESIDING OFFICER. Without ior Senator from Florida, Mr. GRAHAM, ment for some contribution from the objection, it is so ordered. who pointed out eloquently in the Sen- receiving nation. Mr. COCHRAN. I yield 10 minutes to ate a short while ago how in effect we I saw a list of talking points distrib- the distinguished Senator from Ari- are asking our children and their gen- uted by the administration, apparently zona, Mr. MCCAIN.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12519 The PRESIDING OFFICER. The Sen- areas and slaughtered thousands of ple. We are a great and generous na- ator from Arizona. people as he reasserted his grip on tion. We have proven that time after Mr. MCCAIN. Mr. President, I rise in power. I have seen one of the mass time after time. I think it is time for opposition to the Dorgan amendment. graves. No, Saddam Hussein, they are this body to express that generosity, It is unwise and uncharacteristic of the saying, was left in power by the United that commitment—which only the greatness and strength of America and States of America and allowed to free- United States has ever really dis- in many ways could increase the risk ly oppress the people of Iraq and bru- played—to freedom and democracy in that we may cause to young Americans tally repress and murder and commit Iraq and tell these people we are going who are fighting in defense of freedom unspeakable atrocities on the Iraqi to do everything we can to help rebuild in Iraq and trying to help that country people, when the United States told the their country, we will help them on the begin the process of democracy and a Iraqi people that he would be gone. road to freedom and democracy, and at free society. It is an extremely difficult They are also saying: Do you know the end of the day, years from now, task and one which will require a long why the economic conditions in Iraq that gratitude on the part of the Iraqi period of time. were so terrible all during the 1990s? Do people will be displayed to us in many I don’t share the view of some that you know why you have an airport out ways, that will far exceed any benefits the situation in Iraq is bright and won- here at Basra that is in mint condition that might be accrued from this being derful. I don’t agree with the opinion of but has never been used? Because of some kind of a loan that would be paid some others who think that things are American economic sanctions imposed back. in a very bad state. I think progress is through the United Nations on Iraq. I hope my colleagues will understand being made. In the northern part of Now the United States finally over- the seriousness of this issue. It won’t Iraq there is real stability. In the threw Saddam Hussein and they are stop us from going about the work of going to demand our oil. In return for southern part of Iraq there is signifi- securing the peace in Iraq, but it will money, they are going to take our oil, cant progress. set it back and it will send the wrong the oil which we need, we, the Iraqi All you have to do is pick up a news- signal at the wrong time about the people, in order to rebuild the infra- paper or turn on the television or radio United States, true commitment in and hear that things are not so good in structure of our country. Mr. President, that argument is this country. some parts of the country, particularly Mr. President, too many young going to gain traction in some parts of in the area we refer to as the Sunni Americans have already made the su- Iraq—that the United States came for Triangle. Every day there is some kind the oil and now we are asking for them preme sacrifice for us to go back on of attack mounted against American to pay up. If we are concerned—and I that commitment now. troops, against installations, car I yield the floor. know we all are—about the lives and bombs. Our military leaders have stat- The PRESIDING OFFICER (Mr. safety of the young men and women ed that the attacks, primarily aimed at COCHRAN). The Senator from Mis- serving in Iraq in the military, I can American soldiers and installations, sissippi is recognized. tell you this will put them in greater are becoming more and more sophisti- Mr. COCHRAN. Mr. President, I yield danger. If the opponents—this unusual cated. myself such time as I may consume. combination of extremists and In my view—and my view is shared To refresh the memory of the Senate, Baathists and terrorists, and this un- by many others who are more expert it is good to look at the exact wording usual but lethal cocktail of opponents and more knowledgeable than I—the of this amendment that was offered by of Iraqi freedom—are given additional battle for the hearts and minds—dare I the Senator from North Dakota and propaganda, then I think it is going to use that phrase—in Iraq is still going others. The amendment provides that: be obviously very harmful to our effort on. We are winning that battle in some The President shall direct the head of the to democratize and free Iraq. parts of Iraq. In other parts, it is still I ask my colleagues to consider the Coalition Provisional Authority in Iraq, in up for grabs. coordination with the Governing Council of fact there is no possibility that the Iraq or a successor governing authority in Those who are the former Baathists, Iraqi people and government—when it the terrorists, the extremists, this Iraq, to establish an Iraq Reconstruction Fi- comes into being—could pay back any nance Authority. The purpose of the Author- rather unusual combination of oppo- debt in the short term. It is not pos- ity shall be to obtain financing for the recon- nents of the United States and oppo- sible. If we want to condition future struction of the infrastructure in Iraq by nents of the democratization of Iraq, aid at a future time on a loan, or some collateralizing the revenue from future sales are echoing a similar theme: The kind of repayment, then I think it of oil extracted in Iraq. The Authority shall United States is not in Iraq to free the should be discussed and debated given obtain financing for the reconstruction of Iraqi people. The United States is in the infrastructure in Iraq through the climate of the times at that time. (1)(A) issuing securities or other financial Iraq for the oil. But to at this moment in time, when That theme is being echoed and re- instruments; or we still have not gained the support of (B) obtaining loans on the open market echoed throughout the Middle East, the Iraqi people that we need not only from private banks or international finan- not just in Iraq but in every extremist to ensure further democratization and cial institutions; and Muslim madras in the Middle East, freedom of Iraq—to protect the lives of (2) to the maximum extent possible, every dictatorship, in every oppressive the young men and women who are securitizing or collateralizing such securi- regime that recognizes if democracy serving so nobly in Iraq, let’s not do it ties, instruments, or loans with the revenue from the future sales of oil extracted in Iraq. and freedom comes to Iraq, then their at this time. Let’s reject this amend- days are numbered, they are through, ment. My personal impression from the they are finished because we can prove I don’t impugn the motives or the pa- reading of this amendment is that the in Iraq that democracy and a free and triotism of the sponsors of this amend- $21 billion that is struck from the bill open society can grow and prosper any- ment. I think it is hard to answer to by this provision—because the amend- where in the world, including the Mid- our constituents why we are spending ment begins by striking that $21 billion dle East. so much money there and not getting and substituting this provision that I Here is what they are saying. They it back. I understand that and sym- just read. My impression is that this is are saying: Here is the history of the pathize with that argument. One of my smoke and mirrors, pure and simple. United States involvement with Iraq. colleagues recently talked with great What the amendment would really do All during the 1980s, the United States emotion about the loss of jobs in his would be to prevent making available Government propped up Saddam Hus- State. These are all compelling prob- to the Coalition Provisional Authority, sein and did a lot of business with him. lems. But I don’t see how anyone could trying to guarantee the reconstruction He had a war with Iran. We took his argue coherently that, at this moment, of Iraq and the possibility for the Iraqi side in the war with Iran. In 1991, in the to send the wrong signal would be the people to live in peace and security and gulf war, we defeated Saddam Hussein right thing to do to achieve any of in an environment where democracy soundly and we told the Iraqi people those goals. would be possible, self-government that he would be gone. He wasn’t gone. I repeat that the battle is still on for probable—that you could do it for In fact, he went into these very same the hearts and minds of the Iraqi peo- nothing. That is what the assumption

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12520 CONGRESSIONAL RECORD — SENATE October 14, 2003 is that underlies this amendment. The in charge of the military operation said: This is like smoke and mirrors. In assumption is that you can do it for there, all in support not just of the fact, there is so much smoke; you can’t nothing. No private bank is going to military aspect, the $80 billion plus for even find the mirrors; you can’t see the make a loan in the environment that military activity in direct support of mirrors. exists today in Iraq, with the threats our military forces, but the additional I am not trying to be too cute. I don’t to the security of the people who are funds which are the target of this want to try to create that impression, cooperating in the reconstruction of amendment. but I am very serious in my suggestion Iraq, the threats to the Iraqi people Schools have started throughout that it would be a big mistake if we who are cooperating with the coalition Iraq. Hospitals have been reopened adopted this amendment. I hope the to reconstruct Iraq—as they are. Peo- throughout Iraq. That will all come to Senate will reject the amendment. The ple are being shot at in the streets. an end. The continuation of the recov- committee looked very carefully at the There is an atmosphere where there is ery effort and the progress being made amendment when it was offered in our a great deal of fear and suspicion. will be put in jeopardy if these funds markup session and rejected the We have to, if we are to succeed in are not approved. amendment. helping create this new Iraq—which I Not only are banks unwilling to Ms. LANDRIEU. Will the Senator applaud the President for trying to do; make direct loans to this new govern- yield for a question? it will be a contribution to the peace ment under the security situation that Mr. COCHRAN. I am hopeful, as we and stability of not only that region now exists, but nobody will securitize proceed to a final discussion, that the but the world, in my opinion. If we or collateralize future revenues from Senate will look at the testimony we want to support the President’s efforts, any source, oil or anything else. To as- had before our committee, consider we will vote against this amendment sume this oil has a great monetary carefully the implications of denying and permit the funds that were ap- value right now to anybody is just a these funds to the administration and proved by the Appropriations Com- false assumption. It is in the ground, the fact that it would contribute to a mittee when it rejected this amend- right, but it is not being produced. It is greater degree of instability in that ment in the committee after hearing not being transported or marketed in country with a greater degree of risk testimony from an array of witnesses sufficient quantities that anyone would for our troops who are now there, the who are familiar with the situation in be willing to take the risk of making a civilians who are there from some 30- Iraq. The committee recommended the loan to a provisional authority created odd countries trying to be helpful in approval of these funds—the total ap- at this time in Iraq. It is just not pos- the reconstruction of this country. It propriation asked for by the Presi- sible to expect that. would create a much more dangerous dent—for the military operations, the Nobody testified before our com- situation, and I don’t think we want to increase in the equipment, ammuni- mittee that I can remember saying be a party to that. That would be a re- tion, other resources that our troops that would be a good idea. I don’t result, unintended of course, that would need to protect themselves and to call a single financial expert coming in flow from the adoption of this amend- carry out their mission and to bring it to dispute this administration’s rec- ment. to a successful conclusion. Those funds ommendation that funds be made I reserve the remainder of the time are included in this bill, but also addi- available to help reconstruct the ca- on our side. tional funds that are the target of this pacity to produce oil and to get Iraq’s The PRESIDING OFFICER. Who amendment, which will help in the re- economy moving. Nobody suggested an yields time? construction and make it possible to alternative, certainly not this one. I Ms. LANDRIEU addressed the Chair. reconstruct the country so that the don’t recall hearing a witness. Maybe The PRESIDING OFFICER. Who people of Iraq can take care of them- in the time remaining to the Senator yields to the Senator from Louisiana? selves in a military sense, with officers from North Dakota he can cite that ef- Ms. LANDRIEU. I believe we have 11⁄2 involved in police activity, patrolling fort, he can cite that testimony. minutes. I wanted to ask the Sen- the streets to help guarantee that We heard political arguments preying ator—— those who are engaged in positive, con- on the suspicions of others, preying on The PRESIDING OFFICER. Who structive work there in Iraq can do so the political aspirations of others who yields time? with security and without fear of their may challenge the administration’s Ms. LANDRIEU. I ask unanimous lives. policies, and we can have that debate, consent to speak for 5 minutes. That is what the bill is for. That is but this is not a good substitute for the Mr. COCHRAN. Mr. President, I ob- the goal of the mission of our troops, provisions that we have in the bill ject. working with the other nations. Some today before the Senate. The PRESIDING OFFICER. Objec- 30 other nations are actively involved Ms. LANDRIEU. Will the Senator tion is heard. Who yields to the Sen- with people there, risking their lives yield? ator? trying to help this country rebuild Mr. COCHRAN. We have looked Mr. DORGAN. Mr. President, how itself from the ravages of the Saddam through the administration’s request much time remains? Hussein regime. very carefully, and there were some The PRESIDING OFFICER. The Sen- So if we vote for this amendment and disagreements about specific items. ator from North Dakota has 1 minute if we reject the decision the Appropria- The other body has completed action in 37 seconds. tions Committee made, we are putting its committee on this appropriations Mr. DORGAN. My hope had been the in jeopardy all of the effort and all of request, and there are some differences. normal courtesy of the Senate to have the investment that has gone on, all of We will have an opportunity in con- the offeror of the amendment close de- the risks taken by so many to make ference to look at some of the specific bate. That may not be possible because this a successful operation to help es- suggestions the House has made, and I of the strategy of the quorum call here, tablish an atmosphere for freedom, de- think they have made some good ones. so I don’t know what the intention of mocracy, self-government, for an econ- We will work together with our House the Senator from Mississippi is. In omy that can be successful in Iraq so colleagues and counterparts to prepare most cases, those who offer the amend- that we can see our direct support of a conference report that we hope will ment are allowed to close debate. I this new Coalition Provisional Author- meet the approval of the Senate, as hoped to do that for 5 minutes. If I am ity and the government that will be well as the House, and that the Presi- prevented from doing that, we will deal formed as a result of its efforts. dent can sign, and we can move for- with that at a later time. I am hopeful we will recognize the ward. But in the remaining time, I wish to fact that we had solid convincing testi- This is a smoke-and-mirrors amend- make one point. The Senator from Mis- mony before our committee at the ment, Mr. President, purely and sim- sissippi says he didn’t hear any wit- hearings. Ambassador Bremer testified, ply. You cannot have it both ways. As nesses describe this approach to recon- the Secretaries of State and Defense I remember, one of my good friends on struction. You know why they didn’t testified, and the Chairman of the the other side, after looking at a pro- hear any witnesses? Because Senator Joint Chiefs of Staff, General Abizaid, posal that we had before us one time, BYRD asked again and again to bring

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12521 witnesses before the committee and my The White House knows, as we do, Murkowski Shelby Sununu Nickles Smith Talent colleagues on the other side of the aisle that Iraq is in control of the second Roberts Snowe Thomas decided they would not allow it to hap- largest proven oil reserve on the planet Santorum Specter Voinovich pen. They would not allow other wit- and modern financing techniques will Sessions Stevens Warner nesses to come before the committee. allow Iraq to leverage these natural re- NAYS—39 So it is curious now to hear people sources to rebuild its nation. Akaka Durbin Lincoln complain about not hearing other wit- Senator DORGAN’s amendment encap- Baucus Feinstein Mikulski nesses when they, in fact, prevented sulates an idea that is proven and at Bayh Graham (FL) Murray them from testifying before the com- work all over the globe. The worldwide Bingaman Harkin Nelson (FL) Boxer Hollings Nelson (NE) mittee. securitization market is in excess of $2 Breaux Inouye Pryor I yield the floor, and reserve the re- trillion. Byrd Jeffords Reed mainder of my time. We have heard from several experts, Campbell Johnson Reid Clinton Kennedy Rockefeller Mrs. FEINSTEIN. Mr. President, as including the Export-Import Bank, Conrad Landrieu Sarbanes we continue to debate this supple- that securitization is workable and, in Corzine Lautenberg Schumer mental, we continue to find ourselves this case, desirable. Daschle Leahy Stabenow dancing around a very important ques- Securitization is the most legitimate Dorgan Levin Wyden tion that we’ve been asked—the one way to provide reconstruction dollars NOT VOTING—4 that Senator DORGAN raises today: how and to foster a sense of Iraqi ownership Edwards Kohl is reconstruction in Iraq to be paid for? in the outcome of this process of lib- Kerry Lieberman First, let me say that it is clear that eration, and I urge my colleagues to The motion was agreed to. we unequivocally support our troops support this amendment. Mr. STEVENS. I move to reconsider and nearly all of us support their mis- The PRESIDING OFFICER. Who the vote and move to lay that motion sion. I voted to support the President yields time? Time will run equally on the table. in this effort a year ago this month and against both sides if no side yields The motion to lay on the table was continue to support our efforts to lib- time. agreed to. erate Iraq from the terror that con- The Senator from North Dakota. Mr. KENNEDY. Mr. President, I tinues to grip its citizens. Mr. DORGAN. Mr. President, can you strongly support the amendment of But, the answer to the question of tell me how much time is remaining? Senators DASCHLE and GRAHAM of cost is much less clear. The PRESIDING OFFICER. The Sen- South Carolina to close an unfortunate Last week I came to the Floor in sup- ator’s time has expired. All remaining and unacceptable gap in health insur- port of Senator BIDEN’s amendment to time is controlled by the Senator from ance coverage for families of Reserve rollback a small portion of the Presi- Mississippi. and Guard members called up for ac- dent’s May 2003 tax cut. Senator The PRESIDING OFFICER. The hour tive duty. The amendment is especially BIDEN’s amendment would have paid of 6:30 having arrived, the Senate will important now, when so many Reserve for this supplemental while protecting move to a vote in relation to the and Guard members are being called up every American from undue hardship. amendment of the Senator from North for duty in Iraq. That amendment failed to gain the Dakota. We all know that our Armed Forces necessary support that would have Mr. STEVENS. Mr. President, I move are stretched thin. They are paying a made it part of this supplemental. And, to table the amendment and ask for heavy price for the Bush administra- those who voted against that amend- the yeas and nays. tion’s gross miscalculation about Iraq. ment have yet to tell the rest of us how The PRESIDING OFFICER. Is there a The burden is now falling heavily on it is that we can afford to spend $20 bil- sufficient second? the Reserve and National Guard as lion on Iraqi reconstruction and pass There appears to be a sufficient sec- well. Over 215,000 Guard and Reserve that cost onto our children. ond. men and women have not been mobi- So, as of today, we still have not fig- The question is on agreeing to the lized to ease the burden on our regular ured out how to pay for our efforts in motion to table amendment No. 1826. forces in Iraq and Afghanistan, and in Iraq. The clerk will call the roll. homeland security as well. For a moment, let us set aside the The legislative clerk called the roll. One challenge they should not have portion of the supplemental that I be- Mr. REID. I announce that the Sen- to face is maintaining health insurance lieve has nearly universal support here ator from North Carolina (Mr. for their families. The immediate prob- in the Senate—that being the portion lem is that, too few private employers EDWARDS), the Senator from Massachu- to pay for ongoing military operations. are willing to continue coverage for setts (Mr. KERRY), the Senator from Let us focus instead on that portion Guard and Reserve employees and fam- Wisconsin (Mr. KOHL), and the Senator of the supplemental that deals exclu- ily members when the employees are from Connecticut (Mr. LIEBERMAN) are sively with reconstruction in Iraq. necessarily absent. activated. The administration would like us to According to the General Accounting I further announce that, if present approve more than $20 billion for Office, nearly 80 percent of all reserv- and voting, the Senator from Massa- projects we all consider necessary for ists have health coverage through their chusetts (Mr. KERRY) would vote any fledgling nation, but should the jobs in the private sector. They far pre- ‘‘nay.’’ American public or the Iraqi people fer to continue that coverage when The PRESIDING OFFICER (Mr. TAL- pay for these types of improvements? they are activated. The military’s ENT.) Are there any other Senators in Should the American people be paying TRICARE coverage works well for the the Chamber desiring to vote? for pickup trucks, radios and computer reservists themselves when they are The result was announced—yeas 57, training? Remember, these are im- activated. But it is often not practical nays 39, as follows: provements that were, in large part, for their family members, since their needed prior to our arrival in Iraq. [Rollcall Vote No. 380 Leg.] homes are often too far from the mili- Let me be clear, I am not questioning YEAS—57 tary bases where the TRICARE doctors the need for these improvements, but Alexander Coleman Frist have their medical practices and doc- rather who ultimately pays for them. Allard Collins Graham (SC) tors in the area near their homes often Allen Cornyn Grassley In February 2003, and on at least Bennett Craig Gregg do not accept TRICARE coverage. three other occasions, we were told by Biden Crapo Hagel Even when TRICARE coverage makes the White House that ‘‘Iraq, unlike Af- Bond Dayton Hatch sense, it is often difficult to transfer to Brownback DeWine Hutchison ghanistan, is a rather wealthy country. Bunning Dodd Inhofe TRICARE for a year and then transfer Iraq has tremendous resources that be- Burns Dole Kyl back to their employer-sponsored plan long to the Iraqi people. And so there Cantwell Domenici Lott after their deactivation, especially if are a variety of means that Iraq has to Carper Ensign Lugar they have a so-called preexisting condi- Chafee Enzi McCain be able to shoulder much of the burden Chambliss Feingold McConnell tion that could make them uninsur- for their own reconstruction.’’ Cochran Fitzgerald Miller able.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12522 CONGRESSIONAL RECORD — SENATE October 14, 2003 I recently met with an Air Force set aside, and the clerk will report the (2) RETROACTIVE BENEFITS.—No benefits family in Boston who had lost their amendment. may be paid to any person by reason of sec- health care as a result of the mobiliza- The assistant legislative clerk read tion 1414 of title 10, United States Code, as tion for Iraq. The family joined as follows: amended by subsection (a), for any period before the effective date under paragraph (1). TRICARE, but few physicians and even The Senator from Nevada [Mr. REID], for AMENDMENT NO. 1836 fewer specialists were willing to take himself and Mrs. LINCOLN, proposes an their insurance. amendment numbered 1835. Mr. REID. Mr. President, I ask unan- Clearly, we need to do more to guar- Mr. REID. Mr. President, I ask unanimous consent that the pending amend- antee that good health insurance cov- imous consent that reading of the ment be set aside, and I send another erage is available. All our military amendment be dispensed with. amendment to the desk. families, including members of the Re- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without serve and Guard deserve good coverage. objection, it is so ordered. objection, the clerk will report the We need to do everything we can to The amendment is as follows: amendment. avoid unnecessary upheaval in the lives (Purpose: To permit retired members of the The legislative clerk read as follows: of these families who are sacrificing so Armed Forces who have a service-con- The Senator from Nevada [Mr. REID] pro- much for our country. nected disability to receive both military poses an amendment numbered 1836. I thank my colleagues for their sup- retired pay by reason of their years of mili- Mr. REID. Mr. President, I ask unan- port of this proposal to make tary service and disability compensation imous consent that reading of the from the Department of Veterans Affairs TRICARE available to Reserve and for their disability) amendment be dispensed with. Guard personnel and their families. It At the end of title I, add the following: The PRESIDING OFFICER. Without is a problem we should have corrected SEC. 316. (a) RESTORATION OF FULL RETIRED objection, it is so ordered. long before now and we could have PAY BENEFITS.—Section 1414 of title 10, The amendment is as follows: avoided this sudden crisis for so many United States Code, is amended to read as (Purpose: To express the sense of Congress of these families. follows: on damages caused by the regime of Sad- The PRESIDING OFFICER. The Sen- ‘‘§ 1414. Members eligible for retired pay who dam Hussein during the First Gulf War) ator from Alaska. have service-connected disabilities: pay- On page 22, between lines 12 and 13, insert Mr. STEVENS. Mr. President, I ment of retired pay and veterans’ disability the following new section: would like to yield to the Senator from compensation SEC. 316. (a) Congress makes the following Nevada for purposes of offering some ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND findings: amendments, and then I would like to COMPENSATION.—Except as provided in sub- (1) During Operation Desert Shield and Op- get a time agreement, if we can, on the section (b), a member or former member of eration Desert Storm (in this section, collectively referred to as the ‘‘First Gulf War’’), amendments that we are going to lay the uniformed services who is entitled to retired pay (other than as specified in sub- the regime of Saddam Hussein committed down and debate tonight. section (c)) and who is also entitled to vet- grave human rights abuses and acts of ter- The PRESIDING OFFICER. The Sen- erans’ disability compensation is entitled to rorism against the people of Iraq and citizens ator from Nevada. be paid both without regard to sections 5304 of the United States. Mr. REID. Mr. President, if I could and 5305 of title 38. (2) United States citizens who were taken respond to my friend, the manager of ‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER prisoner by the regime of Saddam Hussein the bill, I am going to send a couple RETIREES.—The retired pay of a member re- during the First Gulf War were brutally tor- amendments to the desk. Thereafter, tired under chapter 61 of this title with 20 tured and forced to endure severe physical years or more of service otherwise creditable trauma and emotional abuse. Senator CORZINE is going to offer an under section 1405 of this title at the time of (3) The regime of Saddam Hussein used ci- amendment, and he wishes 12 minutes the member’s retirement is subject to reduc- vilian citizens of the United States who were tonight. The Senator from Rhode Is- tion under sections 5304 and 5305 of title 38, working in the Persian Gulf region before land, Mr. REED, is going to offer an but only to the extent that the amount of and during the First Gulf War as so-called amendment. He is going to speak for up the member’s retired pay under chapter 61 of human shields, threatening the personal to 20 minutes. this title exceeds the amount of retired pay safety and emotional well-being of such ci- Mr. STEVENS. Mr. President, we are to which the member would have been enti- vilians. preparing a unanimous consent re- tled under any other provision of law based (4) Congress has recognized and authorized quest. May we—— upon the member’s service in the uniformed the right of United States citizens, including Mr. REID. Mr. President, I am ad- services if the member had not been retired prisoners of war, to hold terrorist states, under chapter 61 of this title. such as Iraq during the regime of Saddam URBIN vised Senator D wants to lay ‘‘(c) EXCEPTION.—Subsection (a) does not Hussein, liable for injuries caused by such down an amendment following Senator apply to a member retired under chapter 61 states. REED and wants to speak for 10 min- of this title with less than 20 years of service (5) The United States district courts are utes. otherwise creditable under section 1405 of authorized to adjudicate cases brought by in- Mr. STEVENS. Mr. President, I this title at the time of the member’s retire- dividuals injured by terrorist states. would like to start the process of hav- ment. (b) It is the sense of Congress that— ing amendments offered from this side, ‘‘(d) DEFINITIONS.—In this section: (1) notwithstanding section 1503 of the too. So we are going to have two from ‘‘(1) The term ‘retired pay’ includes re- Emergency Wartime Supplemental Appro- tainer pay, emergency officers’ retirement priations Act, 2003 (Public Law 108–11; 117 that side. Can we reserve a time for pay, and naval pension. Stat. 579) and any other provision of law, a people to offer amendments over here ‘‘(2) The term ‘veterans’ disability com- citizen of the United States who was a pris- and decide about—I do not have any pensation’ has the meaning given the term oner of war or who was used by the regime of problem with Senator DURBIN offering ‘compensation’ in section 101(13) of title 38.’’. Saddam Hussein and by Iraq as a so-called an amendment, but the order of pre- (b) REPEAL OF SPECIAL COMPENSATION PRO- human shield during the First Gulf War senting them we will decide tomorrow. GRAMS.—Sections 1413 and 1413a of such title should have the opportunity to have any Mr. DURBIN. Absolutely. are repealed. claim for damages caused by the regime of Mr. STEVENS. Let me yield to the (c) CLERICAL AMENDMENT.—The table of Saddam Hussein and by Iraq incurred by sections at the beginning of such chapter is Senator to offer amendments. such citizen fully adjudicated in the appro- amended by striking the items relating to priate United States district court; And may I ask Senator CORZINE to sections 1413, 1413a, and 1414 and inserting (2) any judgment for such damages award- hold off until we get an agreement con- the following: ed to such citizen, or the family of such cit- cerning these two amendments we are ‘‘1414. Members eligible for retired pay who izen, should be fully enforced; and going to consider? have service-connected disabil- (3) the Attorney General should enter into The PRESIDING OFFICER. The Sen- ities: payment of retired pay negotiations with each such citizen, or the ator from Nevada is recognized. and veterans’ disability com- family of each such citizen, to develop a fair AMENDMENT NO. 1835 pensation.’’. and reasonable method of providing com- Mr. REID. Mr. President, I send an (d) EFFECTIVE DATE; PROHIBITION ON RET- pensation for the damages each such citizen ROACTIVE BENEFITS.— incurred, including using assets of the re- amendment to the desk on behalf of (1) IN GENERAL.—The amendments made by gime of Saddam Hussein held by the Govern- Senator REID and Senator LINCOLN. this section shall take effect on the first day ment of the United States or any other ap- The PRESIDING OFFICER. Without of the first month that begins after the date propriate sources to provide such compensa- objection, the pending amendments are of the enactment of this Act. tion.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12523 Mr. REID. Mr. President, there is a The PRESIDING OFFICER. Without Reserve, more of a demand than has unanimous consent request being typed objection, it is so ordered. ever been the case in our Nation’s his- now, but for the information of Sen- The amendment is as follows: tory. Today more than 200,000 reserv- ators, what we would like to do tonight (Purpose: To amend title 10, United States ists have been called up to serve their on the first two amendments we have Code, to reduce the age for receipt of mili- country in the war on terrorism, and spoken about, the Corzine and Reed tary retired pay for nonregular service 170,000 of these reservists and Guard amendments—the majority has had an from 60 to 55) troops are now on active duty, here at opportunity to review those amend- On page 22, between lines 12 and 13, insert home and abroad. America’s depend- ments. They know what is in those. I the following: ence on our Ready Reserve has never SEC. 316. (a) Section 12731(a)(1) of title 10, do not think we are in a position at United States Code, is amended by striking been more transparent to the American this time to make an agreement on the ‘‘at least 60 years of age’’ and inserting ‘‘at people. Reservists are now providing amendment by the Senator from Illi- least 55 years of age’’. security at our Nation’s airports, and nois because they have not seen his (b) With respect to any provision of law, or they patrol the air over our major cit- amendment. of any policy, regulation, or directive of the ies. They provide caps, protection. Mr. STEVENS. Mr. President, I have executive branch, that refers to a member or With call-ups that last several no problem with Senator CORZINE, Sen- former member of the uniformed services as months and take reservists far from ator REED, and Senator DURBIN offer- being eligible for, or entitled to, retired pay home in serving our Nation, it is in- ing their amendments, but in the line under chapter 1223 of title 10, United States Code, but for the fact that the member or creasingly clear that reservists are per- here of being pending, of amendments former member is under 60 years of age, such forming the same role as those on ac- being set aside temporarily, I would provision shall be carried out with respect to tive duty and any other service. Before like the right tomorrow to suggest the that member or former member by sub- the war on terrorism, reservists were order in which these will be presented stituting for the reference to being 60 years performing 13 million man-days each following the votes on Senator of age a reference to the age in effect for year—get the idea of how big that is— CORZINE’s and Senator REED’s amend- qualification for such retired pay under sec- more than a tenfold increase over the 1 ments. tion 12731(a) of title 10, United States Code, million man-days the Reserves aver- Mr. REID. I think that is appro- as amended by subsection (a). (c) The amendment made by subsection (a) aged just 10 years ago. It has moved priate. dramatically, even before the war on Mr. STEVENS. It is just an under- shall take effect on the first day of the first month beginning on or after the date of the terrorism began. standing. I do not ask unanimous con- enactment of this Act and shall apply to re- In fiscal year 2002, reservists contrib- sent. tired pay payable for that month and subse- uted 41 million man-days. And this Mr. President, I now ask unanimous quent months. year, in fiscal year 2003, that number consent that when the Senate resumes Mr. CORZINE. Mr. President, on be- will be up again. So we are using our consideration of the Iraq supplemental half of myself and Senator DURBIN, and Reserve Forces dramatically more than on Wednesday, there be 4 minutes hopefully others, this amendment is was ever the case in the history of the equally divided prior to the vote in re- designed to reduce the retirement age Reserve and Guard units. These people lation to the Corzine amendment No. for members of the National Guard and are on active duty for an increasing 1811; provided further that following Reserves from 60 to 55. This change amount of time, particularly as we jus- that vote there be 7 minutes for debate would allow for an estimated 92,000 re- tify and move forward with the war on in relation to the Reed amendment No. servists, currently age 55 to 59, to re- terrorism. These are staggering in- 1834, with 5 minutes under the control tire with full benefits and would re- creases. Those defenders of the Amer- of Senator REED and 2 minutes under store parity between the retirement ican people should have that recog- the control of the chairman; further, systems for Federal civilian employees nized by shortening their time before that following that debate the Senate they are eligible for retirement. In my proceed to a vote in relation to the and reservists. Just to refresh my colleagues’ mem- view, with additional responsibility Reed amendment, with no amendments ory, regular military personnel can re- should come additional benefits. in order to either amendment prior to tire after 20 years of service regardless I know this proposal is not without the votes. The PRESIDING OFFICER. Without of their age—38, 48, 55, or 60—and re- cost. But not improving the reservists’ objection, it is so ordered. ceive their retirement benefits at the benefits also will have a cost, poten- Mr. STEVENS. Mr. President, as I time of retirement. As we reflect on tially a severe cost. After all, in recent understand it, we have announced the demands placed on our soldiers in years we have seen our military strug- there will be no more votes tonight. Iraq, particularly our Reserve and gling to meet recruitment and reten- Senator CORZINE will offer his amend- Guard forces—of which there are tion goals. It has been even more se- ment first, and then Senator REED will roughly 20,000 in theater—there is no vere sometimes with our Guard and Re- offer his amendment. We will vote on more appropriate time to consider this serve. That has improved somewhat those amendments tomorrow. I am in- important proposal to support these after 9/11. But unless the overall pack- formed there probably will be a morn- brave men and women. age of incentives is enhanced, there is ing hour after our convening at about As a matter of basic fairness, it is little reason to believe we will be able 9:30. We will announce that schedule only right to restore parity between to attract and retain highly trained later. That means the first vote will the retirement age for civilian employ- Reserve personnel over the long run, take place sometime around 10:40. ees and their Reserve counterparts. particularly as their deployments and The PRESIDING OFFICER. Who When the Reserve retirement system the number of man-hours has in- seeks recognition? was created in 1947, the retirement age creased. The Senator from New Jersey. for reservists was identical to the age Active-duty military personnel have AMENDMENT NO. 1811 for civilian employees. At age 60, re- often looked to the Reserves as a way Mr. CORZINE. Mr. President, I ask servists and Government employees to continue to serve their country unanimous consent to lay aside the could hang up their uniforms and retire while being closer to their families. We pending amendment, and I call up with full benefits. However, since 1947, have been drawing people out of the ac- amendment No. 1811. the retirement age for civilian retirees tive military into the Reserve. With The PRESIDING OFFICER. Without has been lowered by 5 years while the thousands of dollars invested in train- objection, it is so ordered. The clerk retirement age has not changed for re- ing active-duty officers and enlisted will report the amendment. servists and guards. soldiers, the United States benefits tre- The legislative clerk read as follows: The disparate treatment of Federal mendously when personnel decide to The Senator from New Jersey [Mr. employees and reservists would have continue with the Reserves. But with CORZINE] proposes an amendment numbered been serious enough had the nature of Reserve deployments increasing in fre- 1811. the work performed by the reservists quency and duration, pulling reservists Mr. CORZINE. Mr. President, I ask been steady over the past five decades, away from their families and civilian unanimous consent that reading of the but today this country places an in- life, imposing real hardships on those amendment be dispensed with. creasingly heavy demand on its Ready families, the advantage in joining the

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12524 CONGRESSIONAL RECORD — SENATE October 14, 2003 Reserves has been dramatically re- AMENDMENT NO. 1837 an employee may report or apply for employ- duced. There is no question about that. Mr. DURBIN. Mr. President, I send ment or reemployment following completion The more we depend on the Reserves, an amendment to the desk. of the service on active duty to which called the greater chance we have of losing The PRESIDING OFFICER. The or ordered as described in subsection (a). ‘‘(c) Any amount payable under this sec- highly trained former active-duty serv- clerk will report. The legislative clerk read as follows: tion to an employee shall be paid— ice men and women and a number of ‘‘(1) by such employee’s employing agency; people who have just joined the Active The Senator from Illinois [Mr. DURBIN], for ‘‘(2) from the appropriation or fund which Reserve because they thought it was a himself, Ms. MIKULSKI, and Mr. CORZINE, pro- would be used to pay the employee if such way they could supplement income and poses an amendment numbered 1837. employee were in a pay status; and be involved in supporting our Nation. Mr. DURBIN. Mr. President, I ask ‘‘(3) to the extent practicable, at the same In my view, the added incentive of unanimous consent that further read- time and in the same manner as would basic full retirement at 55 might provide just ing of the amendment be dispensed pay if such employee’s civilian employment had not been interrupted. the inducement some of them need to with. The PRESIDING OFFICER. Without ‘‘(d) The Office of Personnel Management stay on despite the surge in deploy- shall, in consultation with Secretary of De- ments. By the way, to illustrate, in the objection, it is so ordered. The amendment is as follows: fense, prescribe any regulations necessary to period 1953 to 1990, there were 11 de- carry out the preceding provisions of this ployments of reservists and guards. Be- (Purpose: To ensure that a Federal employee section. who takes leave without pay in order to ‘‘(e)(1) The head of each agency referred to tween 1991 and 2001, there have been 50 perform certain service as a member of the deployments of reservists and guards. in section 2302(a)(2)(C)(ii) shall, in consulta- uniformed services or member of the Na- tion with the Office, prescribe procedures to Now those numbers are accelerating as tional Guard shall continue to receive pay ensure that the rights under this section we take on this war on terrorism. in an amount which, when taken together apply to the employees of such agency. It is an enormous change in how we with the pay and allowances such indi- ‘‘(2) The Administrator of the Federal are utilizing our Reserve Forces. I hear vidual is receiving for such service, will be Aviation Administration shall, in consulta- from the guards and reservists in New no less than the basic pay such individual tion with the Office, prescribe procedures to Jersey to whom I spoke directly that would then be receiving if no interruption ensure that the rights under this section in employment had occurred) one of those things they are most in- apply to the employees of that agency. At the appropriate place, insert the fol- ‘‘(f) In this section— terested in is seeing a shortening of the lowing: ‘‘(1) the terms ‘employee’, ‘Federal Govern- period before they have access to re- SEC. ll. (a) SHORT TITLE.—This section ment’, and ‘uniformed services’ have the tirement benefits. It will make a big may be cited as the ‘‘Reservists Pay Secu- same respective meanings as given them in difference in their lives. They consider rity Act of 2003’’. section 4303 of title 38; it important. (b) NONREDUCTION IN PAY WHILE FEDERAL ‘‘(2) the term ‘employing agency’, as used Enacting this legislation will send a EMPLOYEE IS PERFORMING ACTIVE SERVICE IN with respect to an employee entitled to any clear message that our Nation values THE UNIFORMED SERVICES OR NATIONAL payments under this section, means the GUARD.— agency or other entity of the Government the increased sacrifice of our reservists (1) IN GENERAL.—Subchapter IV of chapter during this trying time. This proposal (including an agency referred to in section 55 of title 5, United States Code, is amended 2302(a)(2)(C)(ii)) with respect to which such has been endorsed by key members of a by adding at the end the following: employee has reemployment rights under broad military coalition, including the ‘‘§ 5538. Nonreduction in pay while serving in chapter 43 of title 38; and Reserve Officers Association, Veterans the uniformed services or National Guard ‘‘(3) the term ‘basic pay’ includes any of Foreign Wars, the Air Force Ser- ‘‘(a) An employee who is absent from a po- amount payable under section 5304.’’. geants Association, the Air Force Asso- sition of employment with the Federal Gov- (2) TECHNICAL AND CONFORMING AMEND- ciation, and Retired Enlisted Associa- ernment in order to perform active duty in MENT.—The table of sections for chapter 55 of tion, the Fleet Reserve Association, the uniformed services pursuant to a call or title 5, United States Code, is amended by in- the Naval Reserve Association, and the order to active duty under a provision of law serting after the item relating to section 5537 referred to in section 101(a)(13)(B) of title 10 the following: National Guard Association. All of the shall be entitled, while serving on active ‘‘5538. Nonreduction in pay while serving in groups that represent these individuals duty, to receive, for each pay period de- the uniformed services or Na- in our system are strongly supporting scribed in subsection (b), an amount equal to tional Guard.’’. this initiative. It would restore parity the amount by which— (3) EFFECTIVE PERIOD.—The amendments ‘‘(1) the amount of basic pay which would between the Reserves retirement sys- made by this section shall apply with respect otherwise have been payable to such em- tem of our Guard and Reserve and the to pay periods (as described in section 5538(b) ployee for such pay period if such employee’s civilian retirement system, acknowl- of title 5, United States Code, as amended by civilian employment with the Government this section) beginning on or after the date edge the increased workload of reserv- had not been interrupted by that service, ex- of enactment of this section and ending Sep- ists, and provide essential personnel ceeds (if at all) tember 30, 2004. with the inducement to join and stay ‘‘(2) the amount of pay and allowances in the Reserves until retirement. which (as determined under subsection (d))— Mr. DURBIN. Mr. President, I thank I do hope my colleagues will support ‘‘(A) is payable to such employee for that my colleague, who is a Boston Red Sox this amendment. This is the appro- service; and fan, for allowing me an opportunity to priate time given what kind of chal- ‘‘(B) is allocable to such pay period. present this amendment so I can watch lenge we are laying down for our Na- ‘‘(b)(1) Amounts under this section shall be the Cubs in a few minutes. I owe him payable with respect to each pay period tional Guard and Reserve across this (which would otherwise apply if the employ- big for this one. country. We have increased their re- ee’s civilian employment had not been inter- This amendment takes into consider- sponsibilities. We have put severe chal- rupted)— ation that we have 1.2 million members lenges in front of them and their fami- ‘‘(A) during which such employee is enti- of the National Guard and Reserve. Of lies, and it is our responsibility, in my tled to reemployment rights under chapter that number, some 120,000 are also Fed- view, to recognize that and to address 43 of title 38 with respect to the position eral employees—10 percent of the Na- it. I think one of the best ways to do from which such employee is absent (as re- tional Guard and Reserve—and 14,000 of ferred to in subsection (a)); and the Federal employees are currently that is to reduce the retirement age for ‘‘(B) for which such employee does not oth- the Reserve and the Guard. erwise receive basic pay (including by taking mobilized and serve on active duty. I hope my colleagues will join me in any annual, military, or other paid leave) to All across the United States, States, supporting this amendment. which such employee is entitled by virtue of local governments, and private cor- With that, I yield the floor. such employee’s civilian employment with porations have said to the men and Mr. DURBIN. Mr. President, I ask the Government. women in the Reserve and Guard: If unanimous consent to be allowed to ‘‘(2) For purposes of this section, the period you are activated and mobilized, we speak for 5 minutes and lay down an during which an employee is entitled to re- will hold you harmless in terms of your employment rights under chapter 43 of title salary. We will make up the difference amendment out of line before giving 38— the floor to Senator REED, who will do ‘‘(A) shall be determined disregarding the between your military pay and what the same with his amendment. provisions of section 4312(d) of title 38; and you would have made at home so that The PRESIDING OFFICER. Without ‘‘(B) shall include any period of time speci- your family won’t suffer a hardship and objection, it is so ordered. fied in section 4312(e) of title 38 within which have to make a sacrifice.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12525 Sadly, we do not make the same con- in any other military occupational specialty Army was too small for the missions with cession for Federal employees. My Re- that is appropriate for constabulary duty. which it was charged—a fact reported by servist Pay Security Act of 2003 is leg- (c) Of the amount appropriated under chap- both the Secretary and Chief of Staff of the ter 1 of this title for the Iraq Freedom Fund, islation that will help alleviate the Army in congressional testimony of that $409,000,000 shall be available for necessary year. problems faced by many Federal em- expenses for the additional personnel author- On September 11, Army mission require- ployees who serve in the Reserves and ized under subsection (a). ments grew significantly; the Army did not. must take time off from their jobs Mr. REED. Mr. President, I offer this It instead begins the expending of it and establishes the need to begin planning for the when our Nation calls. It allows these amendment with Senator HAGEL of Ne- replacement of that which is being used up. citizen-soldiers to maintain their nor- braska. It would increase the end mal salary when called to active serv- strength of our Army so we can deal General Kroesen, a distinguished sol- ice by requiring Federal agencies to with the increasing turbulence dier, commanded the 82nd Airborne Di- make up the difference. throughout the world that we have vision when I served as a young lieu- This amendment is affordable. A re- been confronting since 9/11—indeed be- tenant. His insights are both profound cent Department of Defense survey of fore then. and to me compelling. 35,000 reservists found that 41 percent Our military forces are without Again, these words from General lost income during mobilization and equal. They combine superb technology Kroesen were written before Operation deployment, while 59 percent either with bravery and devotion to the Na- Iraqi Freedom and before we found our- broke even or increased their income tion. They are well led, particularly by selves in a prolonged and costly effort on active duty. Of those who reported extraordinary noncommissioned offi- to defeat an insurgency and rebuild a losing income, most—70 percent—said cers and junior officers. These qualities nation. The added stress of Iraq has their income was reduced by $3,750 or extend to both Active and Reserve made the acute absolutely critical. James Kitfield of the National Jour- less while serving on active duty. components. History has never seen nal wrote an insightful analysis of the Based on CBO estimates, this meas- such a formidable force. However, his- stresses affecting the Army. He points ure to protect the income of Federal tory is replete with examples of superb out how this breakneck operational employees who are activated and mobi- military forces worn down because tempo is imposing great burdens lized in Guard and Reserve units would they were overextended. cost us approximately $75 million for Today, that danger is approaching throughout the Army. In his words: the next fiscal year. That seems like a our Army as it copes with worldwide To understand why, shift the focus from very small amount in an $87 billion individual soldiers to major units such as the commitments and the difficult chal- 82nd Airborne Division. Traditionally Amer- supplemental. lenge of a violent insurgency in Iraq I think we need to provide these Re- ica’s quick reaction division, the 82nd cur- and a resurgence of the Taliban in Af- rently has a brigade in Iraq and another in serve employees financial support so ghanistan. Afghanistan. The 3rd Brigade of the 82nd Air- they can leave their civilian lives and This chart depicts the deployment of borne, however, is the one that most con- serve our country without the added soldiers. There are 325,000 soldiers in cerns Army planners. After leaving Afghani- burden on their families. 120 countries. In Iraq, there are about stan earlier this year, the 3rd Brigade was I yield the floor. 120,000; in Kuwait, about 22,000; in Af- home only about 6 months before being sent The PRESIDING OFFICER. The Sen- ghanistan, approximately 11,000. They to help relieve the 3rd Infantry Division. ator from Rhode Island is recognized. are all across the globe performing Then there is the 3rd Brigade of the AMENDMENT NO. 1834 missions that are important to us and 1st Infantry Division. Having returned Mr. REED. Mr. President, I ask unan- our national security and our safety. recently from Germany from an ex- imous consent to lay aside the pending This situation of an extended Army has tended peacekeeping deployment in the amendment, and I call up amendment been developing over many years. Balkans, the soldiers of the 3rd Brigade No. 1834. Since 1989, the Army’s military end are becoming reacquainted with their The PRESIDING OFFICER. Without strength has been cut by more than 34 families and relearning the kinds of objection, it is so ordered. The clerk percent and civilian strength by 45 per- high-intensity combat skills the Army will report. cent, while undergoing a 300-percent in- put to such impressive use during the The legislative clerk read as follows: crease in mission rate. Fewer people, Iraq war. That training cycle itself re- The Senator from Rhode Island [Mr. REED], more demand. That has been the record quires weeks away from home. The 1st for himself and Mr. HAGEL, proposes an since 1989 and before that even. Infantry soldiers will not have much amendment numbered 1834. This operational tempo certainly be- time before turning their focus to de- Mr. REED. Mr. President, I ask unan- came acute after September 11 and the ployment preparations, however, be- imous consent that further reading of commencement of the global war on cause the 3rd Brigade is heading to Iraq the amendment be dispensed with. terrorism. A respected voice who de- next March to relieve elements of the The PRESIDING OFFICER. Without voted his life to serving the nation, 4th Infantry Division. objection, it is so ordered. GEN Frederick Kroesen, wrote in No- What we are seeing every day is an The amendment is as follows: vember 2002, before the initiation of op- increasing cycle of deployment and re- (Purpose: To increase the end strength of the erations in Iraq: deployment of brigades and divisions Army and to structure the additional It appears to this interested observer that being shuffled about to cover all of forces for constabulary duty) we are expending the force and doing little these tremendous worldwide domains. On page 22, between lines 12 and 13, insert to ensure its viability in the years to come, This tempo and this stress is beginning the following: years we have been assured it will take to to show in terms of our soldiers and in SEC. 316. (a) In addition to the strengths win the war on terrorism. The quality of our terms of the Army. Unless we provide authorized by law for personnel of the Army effort, high and commendable during the additional soldiers for the Army, these as of September 30, 2004, pursuant to para- first year and showing no signs of deteriora- stresses will be manifested in growing graphs (1) and (2) of section 115(a) of title 10, tion, can in the long run only be sustained problems, such as difficulties in re- United States Code, the Army is hereby au- by preparing now for the force we will need thorized an additional strength of 10,000 per- then. Barring the unlikely scenario of an all- cruitment and retention and difficul- sonnel as of such date, which the Secretary out war and full mobilization, soldiers now ties in adequately and thoroughly of the Army may allocate as the Secretary fighting the war on terrorism, with few ex- training the force. determines appropriate among the personnel ceptions, will not be available for fighting The Army has begun to cancel or strengths required by such section to be au- two years from now. Units and organizations postpone many exercises and training thorized annually under subparagraphs (A) of the reserve components, mobilized for the rotations. The Los Angeles Times re- and (B) of paragraph (1) of such section and first year of war, will not be available for cently reported that since October 1, paragraph (2) of such section. more of the same service off into the indefi- 2002, the Pentagon has canceled or (b) The additional personnel authorized nite future. It might be prudent now to ask postponed 49 of the 182 training exer- under subsection (a) shall be trained, incor- the managers who decreed the current sec- porated into an appropriate force structure, ond-year Reservists’ extensions what they cises scheduled for this fiscal year. and used to perform constabulary duty in plan for the third year. The superb force that entered Iraq such specialties as military police, light in- The answer, of course, is to increase the was forged through intensive training. fantry, civil affairs, and special forces, and size of the Army. On September 10, 2001, the Without such training, we will lose the

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12526 CONGRESSIONAL RECORD — SENATE October 14, 2003 edge in a world where there are other This amendment would authorize and Since 2001, the Association of the potential adversaries, such as North would pay for an increase in the active United States Army has been advo- Korea whose army is more tenacious duty Army end strength by 10,000 per- cating for increasing end strength by than the Iraqis under Saddam. sonnel and would focus on forces need- 30,000 to 40,000 additional soldiers. The effects on recruitment and reten- ed for constabulary duty, such as mili- Again, my amendment would only call tion are likely to be seen first in the tary police, civil affairs, light infantry, for a 10,000 increase in the number of National Guard and Reserves. Indeed, and special operations. soldiers. unless we add more active component The objective of end strength, mean- However, despite the views of these soldiers, we will continue to rely on ing the number of personnel permitted professionals, end strength has not the National Guard and Reserves to fill to serve in the military, was succinctly been increased. Yet none of the Army’s the gaps. Such a policy is summed up by retired GEN Gordon R. missions from 2000 have ended, and unsustainable over an extended period. Sullivan: with the advent of September 11, the National Guard men and women and The objective is to have enough soldiers to war on terror, the war in Afghanistan, Reserve forces are dedicated patriots execute Army missions at the right time and and the war in Iraq, the burden has in- and skilled professionals, but they have the right place, have enough in the total to creased exponentially. lives outside the Army. If we contin- have both tactical and operations flexibility Today, as this chart shows, the Army and to have adequate depth in numbers to ually force them to choose between has 325,200 soldiers deployed and for- support leader development, required force ward stationed in 120 countries. While service to the Nation and supporting structure manning and the requisite balance their families, they will ultimately and needed across the ranks. some of these deployment numbers may vary in the future, there will not invariably choose their families. Indeed, the current numbers are not be any significant changes. No one, I Moreover, the stresses on the Guard giving the flexibility and the redun- think, reasonably expects that we will and Reserves are not localized in a few dancy we should have built in to our be withdrawing within a year or two a communities. These stresses are trans- military. mitted to every corner of the country, Each year in the Defense authoriza- major force from Iraq or forces from and we will have great difficulty main- tion bill, Congress authorizes the end Afghanistan or forces from even taining public support for an extended strength of each branch of the military Kosovo, Bosnia, and Hungary. These operation in Iraq if the public sees that service. There is a separate end commitments are there, and they must operation through the prism of neigh- strength number for the Active and Re- be met. Retired LTG Jay Garner, the first di- bors repeatedly called to service and serve component, which includes the rector of Iraqi reconstruction, told the sacrifice without relief. National Guard. National Journal that the active duty There has been much discussion Presently, the authorized active duty Army ‘‘has already been burned out’’ about the adequacy of our force struc- end strength for the Army is 480,000. by trying to do too much with too few, ture in Iraq, and I have become in- The authorized end strength for the and the ‘‘reserves are going to be creasingly skeptical of the adequacy of Army National Guard is 350,000, and burned out’’ by repeated activations. the force structure in Iraq. You just the authorized end strength for the have to pick up today’s New York General Garner argues that the Army Army Reserve is 205,000. needs to expand by two light infantry Times where there is an article that In addition, there is a variance, describes the fact that there is approxi- divisions, about 20,000. which means the Secretary of Defense The U.S. Army’s Center of Military mately 1 million tons of ammunition in is authorized to exceed the active duty History has looked at the numbers and Iraq, much of it unsecured because, end strength by 3 percent when nec- experiences of forces needed to remain frankly, we don’t have enough troops essary, and the Guard and Reserve end in country after the conventional bat- there. We don’t have enough American strength by 2 percent. tle has ended—occupation forces, in troops. We have not received our inter- I would argue that the present au- other words. The center notes that you national reinforcements, and we have thorized end strength today, even with can look at historical examples, but not yet effectively trained and de- the allowed variance, does not provide you must also consider contemporary ployed Iraqi troops. enough Army personnel to provide the analyses and current capabilities. What is also frightening is the fact depth, the flexibility, and the balance With this three-pronged analysis, the that apparently the Saddam Hussein it needs to carry out the missions of Army’s Center of Military History pos- regime stockpiled at least 5,000 shoul- today and the future. This Army is ited that if ‘‘we and our allies were to der-fired missiles, air defense missiles, stretched across the globe. The de- directly and effectively steer the capable of bringing down aircraft. Only mands increase and the number of sol- course of events,’’ 300,000 troops would about a third of these missiles are ac- diers who are available is not able to be required in Afghanistan for a gen- counted for. There is the alarming pos- give that needed flexibility, that eration and 100,000 troops would be sibility, because we are unable to se- adaptability, and that balance. needed in Iraq for a number of years,’’ cure these ammo dumps, that literally Five years ago in the Defense Au- assuming a modernized society and ro- thousands of shoulder-fired air defense thorization Act for fiscal year 1999, bust infrastructure. Without these missiles are in Iraq or, even more Congress lowered the authorized active numbers of military personnel, we may alarming, have filtered outside the duty end strength from 495,000 to its have influence but not control. country to terrorist groups. So there is present 480,000. So there were at least I think we are seeing today in Iraq increasing evidence that the forces we 15,000 more soldiers several years ago that we have influence and not control, have on the ground are not doing an es- before the war on terror, before the war certainly not in Baghdad. We have in- sential job, which is to protect them- in Iraq, before contingencies that have fluence in Afghanistan, but not con- selves from munitions going into the yet to present themselves to us. trol. It is important to note that pro- hands of terrorists and being used Soon after that, however, the discus- viding insufficient troops to both Af- against our troops. sions began when we lowered this end ghanistan and Iraq not only has con- Regardless of how one feels about the strength, focusing on the inadequacies sequences now but well into the future. number of troops in Iraq, we simply of the number of people we had. During Today, the Army presently has will not be able to maintain even that a hearing before the House Armed 501,000 soldiers serving on active duty. level unless we increase the end Services Committee in July 2001— Not only is this above the authorized strength of our Army. Increased reli- again, before September 11—General end strength of 480,000, but it is also ance on Guard and Reserves is not a Shinseki stated: above the 3 percent variance rate. In- sensible long-term strategy, and the Given today’s mission profile, the Army is deed, the Army is so stretched at the arrival of international reinforcements too small for the mission load it is carrying. moment, they are actually breaking is problematic. The Army is trying to At that time, both General Shinseki the law on end strength. Isn’t that squeeze more boots on the ground from and Secretary White requested that enough evidence to suggest we need to its current forces, but this improvisa- end strength be increased to 520,000. raise the level? tion is a quick fix, not a long-term so- Again, that was before 9/11 and before I also note that even when the Army lution. Iraq. is well over the authorized end

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12527 strength, they are having an extraor- Indeed, there is a dire need to expand they can rotate troops and avoid send- dinarily difficult time implementing a the number of active-duty military ing the units again and again to Iraq rotation policy for Iraq and other areas personnel to avoid a future crisis in re- and Afghanistan. around the globe. This means that cruitment and retention in the mili- The second reason the administra- tours are being extended. More Guard tary, specifically in the Reserve and tion is reluctant to increase end and Reserve forces are being called up National Guard units. With numbers strength is that as the New York Times and our soldiers are getting tired by like this reported by the Goldman noted in July, the daily stress they are enduring and Sachs survey, with the stress of a year . . . the concept on increasing troop num- frustrated by the lack of certainty of deployment, with the additional bur- bers and its costs contradicts a basic tenet of when they may return home. dens on spouses and children, I believe Secretary Rumsfeld’s goal for military Currently more than 130,000 Guard when these National Guards men and transformation, which is to rely on new and Reserve soldiers are deployed. Ap- women and reservists return home the technology and rewrite doctrine to allow proximately 29,000 National Guard sol- likelihood they would eagerly extend smaller forces to attack with greater speed and deadliness. diers, infantry, signal transportation, their careers in the Guard and Reserve military police are serving in Iraq and is diminished significantly. Our sol- I argue that Secretary Rumsfeld was Kuwait. Among those are the 115th and diers need a break. They deserve bet- able to test his theories of trans- 119th military police companies from ter. We can help them and we should. formation during the period of conven- Rhode Island, and the 118th military Now some may oppose this amend- tional war in Iraq, and they were a suc- police battalion from Rhode Island. ment by stating that senior officials cess. But he risks losing that victory They are doing a magnificent job, but from the administration and the Army by refusing to see a war of this sort they are feeling the stress of this de- have repeatedly stated that if they also requires nation building, and na- ployment. needed more troops they would ask for tion building requires many more boots More than 10,000 Reserve soldiers are them, and they do not need more on the ground to ensure security and in Kuwait, Afghanistan, and Iraq. At troops. I argue the administration is stability. this time, there are still requirements ignoring the facts I have just cited, and Retired LTG Walter Ulmer—and Gen- for National Guard soldiers in Bosnia, the simple and the obvious point that eral Ulmer was one of the key leaders Kosovo, and the Sinai. In fact, the Na- our Army is overworked and the work in the Army who analyzed and pre- tional Guard has taken command rela- continues. dicted the hollow Army of the 1970s— tionships in these countries—Bosnia, I think they are ignoring these facts stated recently: Kosovo, and the Sinai. This is a devel- for several reasons. First, increasing One of the lessons we learned in the past, opment that I think many National end strength admits that we need more and we’re relearning in dramatic fashion in Guard soldiers did not anticipate when troops to create a reasonable rotation Iraq and Afghanistan, is that the U.S. mili- policy, which means we are going to be tary may be able to fight a war with slim they joined the Guard several years forces, but it takes a lot more troops to se- ago, certainly if they joined the Guard in Iraq for a long time. The only other cure an unruly nation with many diverse in- 10 or 15 years ago. country where we have a one-year rota- terest groups and antagonists. Since September 11, the Guard has tion policy for troops is Korea, where Ulmer argues the Army is short 40,000 mobilized 210,000 of its 350,000 soldiers we have been ensconced now for almost to 50,000 troops. He said: at one time or another. The Reserve 50 years. This administration simply The Army is a very elastic institution with has mobilized 85,000 of its 205,000 in must admit that a U.S. military pres- a can-do culture, and that’s a wonderful at- that same time period. ence in Iraq will be necessary for a tribute, but it is not infinitely elastic and its In addition, the activation of the Re- very long time. Last Saturday’s edition can-do ethos makes it possible for the Army serve component has a different effect of the Washington Post quotes GEN to practically respond itself to death. than the deployment of an active-duty Jim Jones, the U.S. European com- Another senior Army official stated: soldier. For active-duty personnel, the mander and NATO supreme allied com- Essentially, we fought a just-in-time war. military is their primary employer and mander, as saying U.S. soldiers may A unit would arrive, get a bullet, the enemy their families are prepared for the sac- pull out of Bosnia in 2004—may. That is would pop his head up and we’d fire the bul- rifices required when their loved one is 8 years after they went in and were let. That puts a lot of stress on a commander absent from home for a long period of also going to stay for just 1 year. I who is simultaneously trying to execute the time performing dangerous duty. With argue that Iraq is likely a more dif- forward battle, carefully balance his re- reservists, it is a different story. While ficult undertaking than Bosnia. Also, sources, pull a company from here to plug a slightly more than 50 percent of the ac- the only reason the U.S. is able to gap over there, all the while looking back over his shoulder at very exposed logistical tive-component Army is married, 74 leave Bosnia is because troops from lines. percent of reservists have at least 1 de- other nations are remaining, a luxury He asked: pendent. About one-half of these sol- we unfortunately do not have in Iraq diers work for employers with 1,000 or today. Why fight a war like that when we could fewer employees and 15 percent work Once again, the United States Army have deployed overwhelming combat forces in a way that would reduce risks and pos- for companies with less than 50 em- Center of Military History has noted: sibly protect lives? We’ve also seen in Iraq ployees, where their absence is sorely Occupations have required not only that while lean forces can be successful in felt. manpower but also time to achieve suc- combat by focusing on an enemy’s finite cen- While these soldiers are fighting for cess. In the Philippines, for example, ters of gravity, in [postwar] stability oper- our country for at least a year, em- the officers and NCOs of the Philippine ations, there are no decisive centers of grav- ployers are understaffed and spouses constabulary were virtually all conti- ity. You have to spread your forces through- are struggling as single parents, often nental Americans in 1902. Yet, by 1935, out each city, and that takes more of them. under financial duress, since some sol- 30 years later, everyone was a Filipino. If we accept the need to increase the diers take a pay cut when they give up The Philippines was a challenging size of the Active Duty Army, we need their civilian salary for an Army wage. proposition with respect to both man- to then focus on what types of forces Goldman Sachs recently conducted a power and time, and it took a genera- would be most beneficial. The U.S. survey of Reserve component soldiers tion to achieve a satisfactory outcome. Army is the best in the world when it and their employers and found these Germany and Japan transitioned from comes to skills and equipment needed disturbing results: Virtually all the re- being occupied to being allies in about to win on the battlefield, but the con- servists felt that the activation was a decade. ventional battle in Iraq is over. Now I having a less than favorable impact on So looking at history, challenging argue we need an occupation force, their civilian careers. Nearly one-third countries take at least a generation to those who must remain to accomplish of the reservists were not sure their stabilize, less demanding countries per- the U.S. objective once the conven- jobs would be waiting for them when haps a decade. We are in Iraq for at tional battle is finished. These forces they came off active duty, and half be- least 10 years, and we have to have a must have different skills because they lieved there would be a negative effect force structure that will support that have different missions: defending on pay and promotion. deployment. The Army must grow so against an insurgency, enforcing law

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12528 CONGRESSIONAL RECORD — SENATE October 14, 2003 and order, providing humanitarian re- of 10,000 additional troops for fiscal We are rapidly approaching a 12-divi- lief, and reconstruction of infrastruc- year 2004. I believe this is the most sion strategy with a 10-division Army. ture. They need the skills required for worthwhile expenditure. Our Army is fighting on many fronts nation building. This amendment offsets this cost for us right now. They are doing a mag- So my amendment directs that the with funding from the Iraqi Freedom nificent job, as well as the Navy, Air Army should seek 10,000 soldiers who Fund. As we all know, the Iraq Free- Force, Marine Corps, Coast Guard—all have the skills that are the highest de- dom Fund was established in the fiscal of our Defense Department personnel mand in Iraq: military police, special year 2003 supplemental we passed in and related personnel. We are extraor- forces, civil affairs officers, and light March. At that time, $15 billion was set dinarily proud of them. But they are infantry. These forces travel lighter, so aside for Secretary Rumsfeld to use on overtaxed, particularly so in the Army they are less expensive to transport emergency expenses for military per- because of the nature of the Army. It is and maintain. These forces will provide sonnel, operation and maintenance, not only the combat arm of decision maximum effectiveness at minimal procurement, or humanitarian assist- but also is the combat arm of duration. cost. ance. Most of that funding has been ex- It is the Army that typically is In January, the Center for Strategic pended. Therefore, an additional $1.9 charged with the aftermath of the bat- and International Studies, or CSIS, re- billion for the Iraqi Freedom Fund is tle as well as the battle. leased a report called ‘‘A Wiser Peace: included in this supplemental for ex- We have to help them. My amend- An Action Strategy For Post-Conflict igencies. I believe the exigency is here ment will provide a modicum of relief. Iraq.’’ The first recommendation in the and we should pay for these troops I urge my colleagues to support the report is to: now. amendment. . . . create a transitional security force Many would argue that while the As a final point, ultimately we all re- that is effectively prepared, mandated and costs are $409 million the first year, spond, not just to our colleagues, not able to handle post-conflict security needs. these troops will have to continue to be just to institutional pressures, but to The report states that: maintained in future years, and the ac- our constituents. I would find it very The United States must immediately iden- tual cradle-to-grave costs are much difficult, this month or 6 months from tify and train a core force of U.S. military higher. I would counter that this cost now, to go back and to meet my neigh- troops to perform constabulary duties in is minimal compared to what it will bors, who are in the National Guard Iraq. Working with its coalition partners, take if, in just a short time—2 or 3 and the Reserve, and explain to them the U.S. must also identify and ready other years—the U.S. Army does not have that we could not increase the size of constabulary forces—such as the Italian the fighting force it needs to perform our Army, that they are being deployed Carabinieri and French Gendarmerie—to as- once again, after repeated deploy- sure their timely arrival in theater. its mission because we squandered its strength. ments, because we couldn’t find the We have yet to see the arrival of the Let me show another chart, which way or the will to increase the size of French Gendarmerie and the Italian again contrasts the Army in August of our Army. I think we should. I think Carabinieri. There are Italian forces 2000, when some were criticizing it as we must. And I hope we do. that are assisting there, but the French being unprepared, and the Army in Au- I ask unanimous consent that Sen- have not yet arrived. gust of 2003. ator LEVIN be added as a cosponsor of But the need the CSIS identified be- There were 144,000 soldiers deployed this amendment. fore the war ever began is clearly in 2000; in 2003, about 370,000—over The PRESIDING OFFICER. Without there, and the U.S. Army is struggling 370,000; 7 brigades in 2000, 30 brigades in objection, it is so ordered. to meet it. Presently, the Active-Duty 2003. No National Guard divisions de- Mr. REED. Mr. President, I yield the Army has 19,432 authorized positions ployed; 3 years later, 2 National Guard floor and suggest the absence of a for military policemen and there are divisions deployed. In 2000, fewer than quorum. currently 22,476 MPs serving, well over 25,000 National Guard and Reserve The PRESIDING OFFICER. The authorized capacity. There are 22,608 troops on active duty; today, 126,498 clerk will call the roll. Reserve slots for military police and troops. This has an impact. The assistant legislative clerk pro- they are presently at 95 percent capac- These are the scenarios that are used ceeded to call the roll. ity. Clearly, there is a need for more as a template to plan our military Mr. MCCONNELL. Mr. President, I military police. This amendment forces, the ‘‘two major theater wars’’ ask unanimous consent that the order assures we start meeting this need. scenario: MTW east, Iraq; MTW west, for the quorum call be rescinded. In addition, my amendment gives the hypothetically Korea. This is the re- The PRESIDING OFFICER. Without Army the flexibility to either move Re- quired order of battle that has been de- objection, it is so ordered. serve slots to active duty or recruit vised after careful study: six divisions f new soldiers. I should make it clear here and four divisions for MTW west. MORNING BUSINESS that the positions move, not nec- The units available in August of 2000, essarily the people. No reservist can be again at a time when our Army was Mr. MCCONNELL. Mr. President, I forced to become an active-duty sol- being criticized as not being up to the ask unanimous consent that there now dier. task of defending the Nation—six divi- be a period for morning business with Most of the Army’s military police sions and one armored cavalry regi- Senators permitted to speak for up to are in Reserve units—12,800 are in the ment ready, four divisions at MTW 10 minutes each. Active Force while 22,800 are in the Re- west and one armored cavalry division. The PRESIDING OFFICER. Without serves. Most Civil Affairs Units, those Today, only four divisions here for the objection, it is so ordered. soldiers who provide a link between the east scenario and only three divisions f military and civilian population in an here. BUDGET SCOREKEEPING REPORT area of operations, are also in Re- There is an impact in terms of our serves. capability to do what we planned for Mr. NICKLES. Mr. President, I here- Clearly, there needs to be a redis- decades to do. We have to ensure that by submit to the Senate the budget tribution, given the demands on to- our Army is ready for any mission, and scorekeeping report prepared by the day’s Army. In addition, if the Army we have to ensure it today. Congressional Budget Office under Sec- has the flexibility to move reservists In his farewell speech, when he was tion 308(b) and in aid of Section 311 of and guardsmen into the Active Force, retiring as Army Chief of Staff, GEN the Congressional Budget Act of 1974, these soldiers will be ready for deploy- Eric Shinseki said: as amended. This report meets the re- ment much more quickly than new requirements for Senate scorekeeping of cruits. We must ensure the Army has the capabili- Section 5 of S. Con. Res. 32, the First ties to match the strategic environment in The informal CBO cost of 10,000 addi- which we operate, a force sized correctly to Concurrent Resolution on the Budget tional soldiers is $409 million. That meet the strategy set forth in the documents for 1986. number includes military personnel that guide us. . . . beware the 12-division This report shows the effects of con- and operational and maintenance costs strategy for a 10-division Army. gressional action on the 2004 budget

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12529 through October 3, 2003. The estimates U.S. CONGRESS, TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- of budget authority, outlays, and reve- CONGRESSIONAL BUDGET OFFICE, ING AND REVENUES FOR FISCAL YEAR 2004, AS OF nues are consistent with the technical Washington, DC, October 10, 2003. OCTOBER 3, 2003 Hon. DON NICKLES, and economic assumptions of the 2004 [In billions of dollars] Concurrent Resolution on the Budget, Chairman, Committee on the Budget, U.S. Senate, Washington, DC. H. Con. Res. 95, as adjusted. Current The estimates show that current DEAR MR. CHAIRMAN: The attached tables Budget res- Current level over/ show the effects of Congressional action on olution level 1 under (¥) level spending is below the budget reso- resolution lution by $703 million in budget author- the 2004 budget and are current through Oc- tober 3, 2003. This report is submitted under ity and by $6.808 billion in outlays in On-Budget: section 308(b) and in aid of section 311 of the Budget Authority ...... 1,873.5 1,872.8 ¥0.7 2004. Current level for revenues is $101 Congressional Budget Act, as amended. Outlays ...... 1,897.0 1,890.2 ¥6.8 million above the budget resolution in The estimates of budget authority, out- Revenues ...... 1,331.0 1,331.1 0.1 2004. lays, and revenues are consistent with the Off-budget: This is my first report for fiscal year Social Security Outlays ... 380.4 380.4 0 technical and economic assumptions of H. Social Security Revenues 557.8 557.8 0 2004. Con. Res. 95, the Concurrent Resolution on I ask unanimous consent to print the the Budget for Fiscal Year 2004, as adjusted. 1 Current level is the estimated effect on revenue and spending of all legislation that the Congress has enacted or sent to the President for his ap- following letter and report in the This is my first report for the fiscal year. proval. In addition, full-year funding estimates under current law are in- RECORD. Sincerely, cluded for entitlement and mandatory programs requiring annual appropria- There being no objection, the mate- DOUGLAS HOLTZ-EAKIN, tions even if the appropriations have not been made. Source: Congressional Budget Office. rial was ordered to be printed in the Director. RECORD, as follows: Attachments. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2004, AS OF OCTOBER 3, 2003 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous sessions: Revenues ...... n.a. n.a. 1,466,370 Permanents and other spending legislation 1 ...... 1,085,461 1,057,861 n.a. Appropriation legislation ...... 0 345,754 n.a. Offsetting receipts ...... ¥366,436 ¥366,436 n.a. Total, enacted in previous sessions ...... 719,025 1,037,179 1,466,370

Enacted this session: Authorizing legislation: American 5-Cent Coin Design Continuity Act of 2003 (P.L. 108–15) ...... ¥1 ¥1 0 Postal Civil Service Retirement System Funding Reform Act of 2003 (P.L. 108–18) ...... 2,746 2,746 0 Clean Diamond Trade Act (P.L. 108–19) ...... 0 0 * Prosecutorial Remedies and Other Tools to End Exploitation of Children Today Act (P.L. 108–21) ...... 0 0 * Unemployment Compensation Amendments of 2003 (P.L. 108–26) ...... 4,730 4,730 145 Jobs and Growth Tax Relief Reconciliation Act of 2003 (P.L. 108–27) ...... 13,312 13,312 ¥135,370 Veterans’ Memorial Preservation and Recognition Act of 2003 (P.L. 108–29) ...... 0 0 * Welfare Reform Extension Act of 2003 (P.L. 108–40) ...... 99 108 0 Burmese Freedom and Democracy Act (P.L. 108–61) ...... 0 0 ¥10 Smithsonian Facilities Authorization Act (P.L. 108–72) ...... 1 1 0 Family Farmer Bankruptcy Relief Act of 2003 (P.L. 108–73) ...... 0 0 * An act to amend Title XXI of the Social Security Act (P.L. 108–74) ...... 1,325 100 0 Chile Free Trade Agreement Implementation Act (P.L. 108–77) ...... 0 0 ¥5 Singapore Free Trade Agreement Implementation Act (P.L. 108–78) ...... 0 0 ¥55 Continuing Resolution, 2004 (P.L. 108–84) ...... ¥2,222 1 ¥2 Surface Transportation Extension Act of 2003 (P.L. 108–88) ...... 6,405 0 0 An act to extend the Temporary Assistance for Needy Families block grant program (P.L. 108–89) ...... 15 ¥36 33 An act to amend chapter 84 of title 5 of the United States Code (P.L. 108–92) ...... 1 1 0 Total, authorizing legislation ...... 26,411 20,962 ¥135,264

Appropriations acts: Emergency Wartime Supplemental Appropriations Act, 2003 (P.L. 108–11) ...... 215 27,349 0 Legislative Branch Appropriations (P.L. 108–83) ...... 3,539 3,066 0 Defense Appropriations (P.L. 108–87) ...... 368,694 251,486 0 Homeland Security Appropriations (P.L. 108–90) ...... 30,216 18,192 0 Total, appropriation acts ...... 402,664 300,093 0

Continuing Resolution Authority: Continuing Resolution, 2004 (P.L. 108–84) ...... 386,209 193,807 0 Passed pending signature: An act to amend the Immigration and Nationality Act (H.R. 1252) ...... 0 0 2 Entitlements and mandatories: Difference between enacted levels and budget resolution estimates for appropriated entitlements and other mandatory programs ...... 358,447 338,124 n.a. Total current level 1,2 ...... 1,872,756 1,890,165 1,331,108 Total budget resolution ...... 1,873,459 1,896,973 1,331,000 Current level over budget resolution ...... n.a. n.a. 108 Current level under budget resolution ...... 703 6,808 n.a. 1 Per section 502 of H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2004, provisions designated as an emergency are exempt from enforcement of the budget resolution. As a result, the current level excludes prior-year outlays of $262 million from funds provided in the Emergency Supplemental Appropriations for Disaster Relief Act of 2003 (P.L. 108–69), and $456 million from funds provided in the Legislative Branch Appropriations Act, 2004 (P.L. 108–83). 2 Excludes administrative expenses of the Social Security Administration, which are off-budget. Notes: n.a. = not applicable; P.L. = Public Law; * = less than $500,000. Source: Congressional Budget Office. h HONORING OUR ARMED FORCES 1977. Four years later, he graduated resentatives. He lost that race, but Mrs. LINCOLN. Mr. President, in re- from the University of Central Arkan- that didn’t slow him down. Paul’s next cent months I have risen on several oc- sas in Conway with a degree in polit- challenge took him to Washington, DC, casions to pay tribute to the men and ical science. He joined the U.S. Army where he came to work in the U.S. De- women who are fighting in Iraq and Af- before returning to complete his edu- partment of Transportation in the in- ghanistan in support of the global war cation at the University of Arkansas spector-general’s office. School of Law in Fayetteville, where on international terror. Today I rise Lieutenant Colonel Kimbrough re- he headed up the Black Law Students once again to pay tribute and to honor mained active in the U.S. Army re- an Arkansas native recently who died Association. Paul followed his commit- serve, and in June he was deployed to last week in Afghanistan—LTC Paul ment to public service into the polit- Kimbrough, a native of Little Rock, ical arena, first working on the staff of Afghanistan with the 416th Engineer AR. He was 44 years old. U.S. Representative Ray Thornton, and Command, where he helped to oversee Paul Kimbrough graduated from Lit- then running in his own campaign for a improvements to living conditions for tle Rock’s Parkview High School in seat in the Arkansas House of Rep-

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12530 CONGRESSIONAL RECORD — SENATE October 14, 2003 soldiers at Bagram Air Base. On Octo- I would like to describe a terrible saint. But I find her all the more re- ber 3, he was flown to Incirlik, Turkey, crime that occurred in Springfield, VA. markable because she was human, frag- for medical treatment. He died of car- On September 7, 2003, a Muslim woman ile, and equipped with the same stub- diac arrest en route to Turkey. was stabbed in the back outside a Fair- born human nature we all struggle His family and friends remember him fax County shopping mall and called a with when our virtue is tried. We may as a true leader—driven, determined, ‘‘terrorist pig’’ by her assailant. The count ourselves blessed if we avoid and deeply committed to his country 47-year-old convert to Islam was treat- what Mother Teresa told us is the and its cause. In a message to his col- ed at a local hospital for a 2 to 3-inch greatest poverty—that of the heart. leagues at the Department of Transpor- deep wound on her lower back. Like her, we must keep before us those tation sent before he left for Afghani- I believe that Government’s first ‘‘not only hungry for bread, but hungry stan, Paul wrote, ‘‘Always there echoes duty is to defend its citizens, to defend for love; not only naked from lack of in my mind: duty, honor, and country. them against the harms that come out clothing, but naked of human dignity; Therefore, I will do my duty as God has of hate. The Local Law Enforcement not only homeless for a house, but given me light to see.’’ Enhancement Act is a symbol that can homeless for understanding and for LTC Paul Kimbrough is survived by become substance. I believe that by human respect.’’ his father, Major Kimbrough; his son, passing this legislation and changing Mr. President, I ask that we who are Paul Kimbrough, Jr.; his four brothers; current law, we can change hearts and privileged to serve in this body, along and his sister. I ask my colleagues to minds as well. with all people of goodwill, join the world in remembering the life and ex- join me in extending our deepest con- f dolences to Paul’s family and friends. ample of one whose dedication to her Paul Kimbrough’s resolve and his HONORING THE LIFE OF MOTHER duty became her love. commitment to his country will not be TERESA Mr. NELSON of Florida. Mr. Presi- forgotten. The mission continues in Af- Mr. COLEMAN. Mr. President, I ask dent, I rise today to honor one of mod- ghanistan and Iraq, and we remain con- my colleagues to join me today in re- ern history’s most caring and uncondi- fident that Paul Kimbrough’s courage calling and honoring the life and work tionally loving people on the eve of her and sacrifice will have been given in a of a physically tiny woman with an im- beatification. Through her work as a worthy cause. measurably large dedication to serving teacher and provider to the poor and Mr. HAGEL. Mr. President, I rise to the poorest of the world’s poor. Known suffering, Mother Teresa of Calcutta express my sympathy over the loss of to the world as Mother Teresa, she ful- demonstrated the essence of what it Christopher Swisher, a fellow Nebras- filled what she understood to be her vo- means to love. It was March of 2002 that I was hum- kan and staff sergeant in the United cation in the world—not as a saint, but bled and privileged during a personal States Army. Sergeant Swisher was as a human being flawed and prone to visit to the Nirmal Hriday, Pure of killed last week when his squadron was the same temptations as are we all in Heart, Home for the Dying Destitutes attacked while on a mission in Bagh- this Chamber. I greatly admire her in Calcutta, started by Mother Teresa dad, Iraq. He was 26 years old. faithfulness to her purpose, and her in 1952 to give hope and care to those Sergeant Swisher was one of thou- profound faith in the Maker of us all. with neither. Although Mother Teresa sands of brave American servicemen Mother Teresa was born in August passed away 5 years earlier, the spirit and women fighting in Iraq. Our sol- 1910 in Albania and became a Roman of kindness and concern that nearly diers confront danger everday—their Catholic nun while still a young transcended human boundaries lived on tremendous risks and sacrifices must woman. A teacher, she was assigned to in that small hospice, and showed on never be taken for granted. a convent and school in Calcutta, the faces of its volunteers, and shined A Lincoln native, Sergeant Swisher where she discovered a material pov- in the smiles of nuns carrying on her was a dedicated soldier who was com- erty that was scarcely believable. Whatever she had given up in dedi- work. mitted to his family and country. His That day I was also honored to visit cating her life to her vocation did not life-long interest in the military led with Mother Teresa’s successor, Sister compare to the need she saw around him to overcome a learning disability Nirmala. Sister Nirmala and I spoke her. She left the already demanding and embark on a successful career in briefly of the importance of continuing work of her convent to found the Mis- the Army. Mother Teresa’s work, and in some sionaries of Charity, a religious order On the frontlines of the war in Iraq, small way, I hope the recognition we of women whose work in the world re- Sergeant Swisher demonstrated the provide will further that cause—that mains service to people who are aban- courage of a leader and an American comfort, care, and love she gave uncon- hero. Before his deployment, Sergeant doned, suffering, poor, and dying, wher- ditionally. Swisher told his mother, Sharon; ‘‘I’m ever they may be found. Born in 1910, Mother Teresa became a doing what I want to be doing because Today, when many in the world con- Roman Catholic nun at the age of 18. I’m protecting my family, my home, sider religious commitments as too- She began by teaching geography and and my country.’’ In addition to his often contentious and divisive rather history at St. Mary’s School in Cal- mother, Sergeant Swisher leaves be- than fruitful and unifying, we do well cutta, but became anxious to aid those hind a wife, Kristen; daughter, Alexan- to ponder the 50 years of work by the outside of the convent. Twenty years dria; brother, Terry; and sister, Lisa. Missionaries of Charity in more than later, she founded the Missionaries of Our thoughts and prayers are with 700 homes and shelters established in Charity, a religious order based on at- them all at this difficult time. India, Asia, Europe, and the Americas. tending to the impoverished and af- For his service, bravery, and sac- The example they set for sacrificial flicted whom no one else served. Moth- rifice, I ask my colleagues to join me giving of oneself can best be described er Teresa later turned her focus to the and all Americans in honoring SGT by Mother Teresa’s own statement of establishment of care programs for Christopher Swisher. her mission in this life: AIDS victims. f My community is the poor. Their security Although she was the recipient of the is my own. My house is the house of the Nobel Peace Prize in 1979, as well as LOCAL LAW ENFORCEMENT ACT poor—not just the poor, but the poorest of the Presidential Medal of Freedom and OF 2003 the poor: those who are so dirty and full of Foundation for Hospice and Mr. SMITH. Mr. President, I rise germs that no one goes near them; those who do not go to pray because they are naked; Homecare’s Lifetime Achievement today to speak about the need for hate those who do not eat because they do not Award in 1985, Mother Teresa felt most crimes legislation. On May 1, 2003, Sen- have the strength; those who collapse on the honored by the joy of providing com- ator KENNEDY and I introduced the sidewalks knowing they are about to die fort and care to those in need. Local Law Enforcement Enhancement while the living walk by without even look- As her beatification by Pope John Act, a bill that would add new cating back; those who do not cry because they Paul II nears, we pause to reflect upon egories to current hate crimes law, have no more tears left. the example set forth by Mother Teresa sending a signal that violence of any Many of the people served by Mother of Calcutta. Mother Teresa dem- kind is unacceptable in our society. Teresa considered her to be a living onstrated true and unconditional love

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12531 for her fellow persons, giving herself family and friends, her educators and from the President of the United fully to their care, and shall forever be instructors. Jennifer Jacques embodies States submitting sundry nominations remembered as one of the world’s most what Vermont has done, what it can which were referred to the appropriate generous and inspiring human beings. do, and what the future holds. committees. f f (The nominations received today are printed at the end of the Senate pro- ADDITIONAL STATEMENTS TAIWAN NATIONAL DAY ceedings.) Mr. ALLEN. Mr. President, on the f occasion of Taiwan’s National Day on TRIBUTE TO MRS. NANCY MESSAGES FROM THE HOUSE October 10, 2003, I wish to pay tribute GARDNER SEWELL to Taiwan’s many achievements and to At 9:33 a.m., a message from the ∑ Mr. SHELBY. Mr. President, I rise wish Taiwan President Chen Shui-bian House of Representatives, delivered by today in honor of Mrs. Nancy Gardner and Ambassador C.J. Chen my very Ms. Niland, one of its reading clerks, Sewell, a library media specialist/coor- best wishes. announced that the House has passed dinator and head librarian at Selma The Republic of China on Taiwan is a the following bills and joint resolution, High School in Selma, AL. After 36 in which it requests the concurrence of major trading partner of the United years of exemplary commitment and the Senate. States and it subscribes to human dedicated service to the Selma City rights, the private enterprise system, school system, Mrs. Sewell plans to re- H.R. 408. An act to provide for expansion of freedom and democracy. Taiwan has Sleeping Bear Dunes National Lakeshore. tire on October 18, 2003. H.R. 708. An act to require the conveyance become a model of economic and polit- Mrs. Sewell is an educator, media ical success. We are very proud of the of certain National Forest System lands in specialist, civic leader, and strong ad- Mendocino National Forest, California, to achievements of the free people of Tai- vocate for children. Since 1993, she has provide for the use of the proceeds from such wan. tenaciously served the City of Selma, conveyance for National Forest purposes, I am honored to serve as the cochair AL, as the first black female elected to and for other purposes. of the Senate Taiwan Caucus, which its city council. Mrs. Sewell is multi- H.R. 1303. An act to amend the E-Govern- was officially kicked off on September talented and has excelled in every ave- ment Act of 2002 with respect to rulemaking 17 with 11 members. We now have 14 nue of her life, as indicated by the nu- authority of the Judicial Conference. members, and I hope more Senators H.R. 1900. An act to award a congressional merous honors and awards bestowed gold medal to Jackie Robinson (post- will join this caucus and further upon her by her peers and community. humously), in recognition of his many con- strengthen the relationship between She has never been content with the tributions to the Nation, and to express the the U.S. Senate and Taiwan’s Par- status quo. Each endeavor throughout sense of the Congress that there should be a liament and the people of America and her rich life has been met with new and national day in recognition of Jackie Robin- Taiwan. innovative ideas, insurmountable en- son. Again, my congratulations to Taiwan ergy, and the ability to motivate peo- H.R. 1985. An act to amend the National and its people on their National Day. ple. Housing Act to increase the maximum mort- May you remain the land of freedom. Born and raised in Alabama, Mrs. Se- gage amount limit for FHA-insured mort- well married her college sweetheart, gages for multifamily housing located in f high-cost areas. retired Coach Andrew A. Sewell, and JENNIFER JACQUES H.R. 2264. An act to authorize appropria- became the mother of three children, tions for fiscal years 2004 and 2005 to carry Mr. LEAHY. Mr. President, I rise Terri, Andrew, and Anthony. Her dis- out the Congo Basin Forest Partnership today to recognize the achievements of tinguished educational background in- (CBFP) program, and for other purposes. an outstanding young woman. On Octo- cludes a bachelor of science degree H.R. 2297. An act to amend title 38, United ber 8, 2003, Jennifer Jacques of Chelsea, from Alabama State University, a mas- States Code, to improve benefits under laws VT, received an award from the Vision, ters degree from Purdue University, administered by the Secretary of Veterans and advanced course work in other Affairs, and for other purposes. Strength and Artistic Expression Arts H.R. 2452. An act to designate the facility Program’s national contest for stu- graduate studies at Atlanta University of the United States Postal Service located dents with disabilities: Roadtrip: A and the University of Alabama. at 339 Hicksville Road in Bethpage, New Journey of Discovery. National rec- Among many of Mrs. Sewell’s out- York, as the ‘‘Brian C. Hickey Post Office ognition alone is deserving of applause standing achievements and honors, she Building’’. and praise, but Jennifer’s represents a pioneered the development of elemen- H.R. 2655. An act to amend and extend the very special and unique achievement tary libraries in the Selma City Irish Peace Process Cultural and Training Schools, was instrumental in maintain- Program Act of 1998. that reaches far beyond her accom- H.R. 2755. An act to authorize the Presi- plishments in art. ing accreditation status for their libraries, implemented the ‘‘Accelerated dent to issue posthumously to the late Wil- Born with severe cerebral palsy, Jen- liam ‘‘Billy’’ Mitchell a commission as major nifer is confined to her wheelchair. Reader’s Program,’’ revitalized the general, United States Army. Able to control only her head and neck, Selma-Dallas Youth and Government H.R. 2998. An act to amend title 10, United she controls her wheelchair and com- Council, and lobbied for grants to im- States Code, to provide permanent authority puter, as well as her communication prove literacy through school libraries, for the exemption for certain members of the device, through a switch placed under just to name a few. uniformed services from an otherwise-appli- Alabama is honored to be home to cable requirement for the payment of sub- her chin. A bright young woman of 18, Mrs. Sewell. It is no secret that she is sistence charges while hospitalized. Jennifer attends public school in Chel- a woman who, day in and day out, goes H.R. 3054. An act to amend the Policeman sea, where she is enrolled in classes above and beyond the call of duty. She and Firemen’s Retirement and Disability with her peers. Act to permit military service previously is to be commended for all of her ex- Jennifer’s art is not only a reflection performed by members and former members traordinary efforts on behalf of Selma, of her talents, but also of her great of the Metropolitan Police Department of AL, and everyone whose life she has ability to overcome the disabilities the District of Columbia, the Fire Depart- touched.∑ ment of the District of Columbia, the United that have faced her. Working with her f States Park Police, and the United States teachers and instructors, Jennifer di- Secret Service Uniformed Division to count rected the placement of paint on paper MESSAGES FROM THE PRESIDENT as creditable service for purposes of calcu- placed on the floor. By repeatedly driv- Messages from the President of the lating retirement annuities payable to such ing her wheelchair over the paint, she United States were communicated to members upon payment of a contribution by was able to create textured paintings the Senate by Ms. Evans, one of his such members, and for other purposes. H.R. 3062. An act to amend the Mineral with striking color and design. Jen- secretaries. nifer recently sold all of her abstract Leasing Act to authorize the Secretary of f the Interior to issue separately, for the same pieces that were displayed at an art EXECUTIVE MESSAGES REFERRED area, a lease for tar sand and a lease for oil show in Montpelier. and gas, and for other purposes. These accomplishments are a tribute As in executive session the Presiding H.R. 3108. An act to amend the Employee to this exceptional young woman, her Officer laid before the Senate messages Retirement Income Security Act of 1974 and

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12532 CONGRESSIONAL RECORD — SENATE October 14, 2003 the Internal Revenue Code of 1986 to tempo- Mendocino National Forest, California, to the world; to the Committee on the Judici- rarily replace the 30-year Treasury rate with provide for the use of the proceeds from such ary. a rate based on long-term corporate bonds conveyance for National Forest purposes, H. Con. Res. 74. Concurrent resolution for certain pension plan funding require- and for other purposes; to the Committee on commending the National Endowment for ments and other provisions, and for other Energy and Natural Resources. Democracy for its contributions to demo- purposes. H.R. 1303. An act to amend the E-Govern- cratic development around the world on the H.R. 3159. An act to require Federal agen- ment Act of 2002 with respect to rulemaking occasion of the 20th anniversary of the estab- cies to develop and implement plans to pro- authority of the Judicial Conference; to the lishment of the National Endowment for De- tect the security and privacy of government Committee on Governmental Affairs. mocracy; to the Committee on Foreign Rela- computer systems from the risks posed by H.R. 1985. An act to amend the National tions. peer-to-peer file sharing. Housing Act to increase the maximum mort- f H.R. 3182. An act to reauthorize the adop- gage amount limit for FHA-insured mort- tion incentive payments program under part gages for multifamily housing located in REPORTS OF COMMITTEES E of title IV of the Social Security Act, and high-cost areas; to the Committee on Bank- for other purposes. ing, Housing, and Urban Affairs. The following reports of committees H.R. 3229. An act to amend title 44, United H.R. 2264. An act to authorize appropria- were submitted: States Code, to transfer to the Public Print- tions for fiscal years 2004 and 2005 to carry By Mr. SPECTER, from the Committee on er the authority over the individuals respon- out the Congo Basin Forest Partnership Veterans’ Affairs, without amendment: sible for preparing indexes of the CONGRES- (CBFP) program, and for other purposes; to S. 1131. A bill to increase, effective Decem- SIONAL RECORD, and for other purposes. the Committee on Foreign Relations. ber 1, 2003, the rates of compensation for vet- H.J. Res. 52. A joint resolution recognizing H.R. 2297. An act to amend title 38, United erans with service-connected disabilities and the Dr. Samuel D. Harris National Museum States Code, to improve benefits under laws the rates of dependency and indemnity com- of Dentistry, an affiliate of the Smithsonian administered by the Secretary of Veterans pensation for the survivors of certain dis- Institution in Baltimore, Maryland, as the Affairs, and for other purposes; to the Com- abled veterans (Rept. No. 108–163). official national museum of dentistry in the mittee on Veterans’ Affairs. By Mr. SPECTER, from the Committee on United States. H.R. 2452. An act to designate the facility Veterans’ Affairs, with amendments and an The message also announced that the of the United States Postal Service located amendment to the title: at 339 Hicksville Road in Bethpage, New House has agreed to the following con- H.R. 1516. To provide for the establishment York, as the ‘‘Brian C. Hickey Post Office by the Secretary of Veterans Affairs of five current resolutions, in which it re- Building’’; to the Committee on Govern- additional cemeteries in the National Ceme- quests the concurrence of the Senate: mental Affairs. tery System (Rept. No. 108–164). H. Con. Res. 71. Concurrent resolution rec- H.R. 2655. An act to amend and extend the f ognizing the importance of Ralph Bunche as Irish Peace Process Cultural and Training one of the great leaders of the United States, Program Act of 1998; to the Committee on INTRODUCTION OF BILLS AND the first African-American Nobel Peace Foreign Relations. JOINT RESOLUTIONS Prize winner, an accomplished scholar, a dis- H.R. 2755. An act to authorize the Presi- tinguished diplomat, and a tireless cam- dent to issue posthumously to the late Wil- The following bills and joint resolu- paigner of civil rights for people throughout liam ‘‘Billy’’ Mitchell a commission as major tions were introduced, read the first the world. general, United States Army; to the Com- and second times by unanimous con- H. Con. Res. 274. Concurrent resolution mittee on Armed Services. sent, and referred as indicated: H.R. 2998. An act to amend title 10, United commending the National Endowment for By Mr. ROBERTS (for himself and Mr. Democracy for its contributions to demo- States Code, to provide permanent authority BROWNBACK): for the exemption for certain members of the cratic development around the world on the S. 1718. A bill to designate the facility of uniformed services from an otherwise-appli- occasion of the 20th anniversary of the estab- the United States Postal Service located at cable requirement for the payment of sub- lishment of the National Endowment for De- 3710 West 73rd Terrace in Prairie Village, sistence charges while hospitalized; to the mocracy. Kansas, as the ‘‘Senator James B. Pearson The message further announced that Committee on Armed Services. ″ H.R. 3054. An act to amend the Policemen Post Office ; to the Committee on Govern- the House has agreed to the report of and Firemen’s Retirement and Disability mental Affairs. the committee of conference on the Act to permit military service previously By Mr. CORNYN (for himself and Mrs. disagreeing votes of the two Houses on performed by members and former members HUTCHISON): the amendment of the Senate to the of the Metropolitan Police Department of S. 1719. A bill to amend chapter 5 of title the District of Columbia, the Fire Depart- 28, United States Code, to provide for the ap- bill (H.R. 1474) to facilitate check trun- proval of the reassignment of district judges cation by authorizing substitute ment of the District of Columbia, the United States Park Police, and the United States in divisions with 3 or fewer judges in dis- checks, to foster innovation in the tricts in the State of Texas; to the Com- check collection system without man- Secret Service to count as creditable service for purposes of calculating retirement annu- mittee on the Judiciary. dating receipt of checks in electronic ities payable to such members upon payment By Mr. CORNYN (for himself and Mrs. form, and to improve the overall effi- of a contribution by such members, and for HUTCHISON): ciency of the Nation’s payments sys- other purposes; to the Committee on Govern- S. 1720. A bill to provide for Federal court tem, and for other purposes. mental Affairs. proceedings in Plano, Texas; to the Com- mittee on the Judiciary. f H.R. 3062. An act to amend the Mineral Leasing Act to authorize the Secretary of By Mr. CAMPBELL: ENROLLED BILL SIGNED the Interior to issue separately, for the same S. 1721. A bill to amend the Indian Land area, a lease for tar sand and a lease for oil Consolidation Act to improve provisions re- At 11:02 a.m., a message from the lating to probate of trust and restricted House of Representatives, delivered by and gas, and for other purposes; to the Com- mittee on Energy and Natural Resources. land, and for other purposes; to the Com- one of its clerks, announced that the H.R. 3519. An act to require Federal agen- mittee on Indian Affairs. Speaker has signed the following en- cies to develop and implement plans to pro- By Mr. SANTORUM: rolled bill: tect the security and privacy of government S. 1722. A bill to suspend temporarily the duty on electron guns for cathode ray tubes H.R. 2152. An act to amend the Immigra- computer systems from the risks posed by (CRT’s) with a high definition television tion and Nationality Act to extend for an ad- peer-to-peer file sharing; to the Committee screen aspect ratio of 16:9; to the Committee ditional 5 years the special immigrant reli- on Governmental Affairs. on Finance. gious worker program. H.R. 3182. An act to reauthorize the adop- By Mr. SANTORUM: The enrolled bill previously signed by tion incentive payments program under part E of title IV of the Social Security Act, and S. 1723. A bill to suspend temporarily the the Speaker of the House, was signed for other purposes; to the Committee on Fi- duty on plasma display panels for use in on today, October 14, 2003, by the Presi- nance. plasma flat screen televisions; to the Com- dent pro tempore (Mr. STEVENS). mittee on Finance. The following concurrent resolutions By Mr. SANTORUM: f were read, and referred as indicated; S. 1724. A bill to suspend temporarily the MEASURES REFERRED H. Con. Res. 71. Concurrent resolution rec- duty on Liquid Crystal Display (LCD) panel The following bills were read the first ognizing the importance of Ralph Bunche as assemblies for use in LCD projection type one of the great leaders of the United States, televisions; to the Committee on Finance. and the second times by unanimous the first African-American Nobel Peace By Mr. HATCH: consent, and referred as indicated: Prize winner, an accomplished scholar, a dis- S. 1725. A bill to amend the Mineral Leas- H.R. 708. An act to require the conveyance tinguished diplomat, and a tireless cam- ing Act to authorize the Secretary of the In- of certain National Forest System lands in paigner of civil rights for people throughout terior to issue separately, for the same area,

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12533 a lease for tar sand and a lease for oil and (Mr. LAUTENBERG) was added as a co- (Mr. NICKLES) was added as a cosponsor gas, and for other purposes; to the Com- sponsor of S. 401, a bill to amend title of S. 982, a bill to halt Syrian support mittee on Energy and Natural Resources. 10, United States Code, to increase to for terrorism, end its occupation of By Mr. ALEXANDER (for himself and parity with other surviving spouses the Lebanon, stop its development of weap- Mr. DODD): S. 1726. A bill to reduce the preterm labor basic annuity that is provided under ons of mass destruction, cease its ille- and delivery and the risk of pregnancy-re- the uniformed services Survivor Ben- gal importation of Iraqi oil, and hold lated deaths and complications due to preg- efit Plan for surviving spouses who are Syria accountable for its role in the nancy, and to reduce infant mortality caused at least 62 years of age; and for other Middle East, and for other purposes. by prematurity; to the Committee on purposes. S. 985 Health, Education, Labor, and Pensions. S. 445 By Mr. DOMENICI: At the request of Mr. DODD, the name S. 1727. A bill to authorize additional ap- At the request of Ms. LANDRIEU, the of the Senator from Maryland (Ms. MI- propriations for the Reclamation Safety of name of the Senator from Minnesota KULSKI) was added as a cosponsor of S. Dams Act of 1978; to the Committee on En- (Mr. DAYTON) was added as a cosponsor 985, a bill to amend the Federal Law ergy and Natural Resources. of S. 445, a bill to amend title 10, Enforcement Pay Reform Act of 1990 to By Mr. SPECTER (for himself, Mr. United States Code, to revise the age adjust the percentage differentials pay- ALLEN, Ms. SNOWE, Mrs. CLINTON, Mr. and service requirements for eligibility able to Federal law enforcement offi- LEAHY, Mr. SCHUMER, Mr. COCHRAN, to receive retired pay for non-regular Mr. LAUTENBERG, Mrs. DOLE, Mr. cers in certain high-cost areas, and for BINGAMAN, Mr. MILLER, Mr. DASCHLE, service. other purposes. and Mr. DORGAN): S. 480 S. 1028 S. 1728. A bill to amend the September 11th At the request of Mr. HARKIN, the At the request of Mr. CRAPO, the Victim Compensation Fund of 2001 (Public name of the Senator from Idaho (Mr. Law 107–42; 49 U.S.C. 40101 note) to provide name of the Senator from Massachu- CRAPO) was added as a cosponsor of S. setts (Mr. KERRY) was added as a co- compensation for the United States Citizens 480, a bill to provide competitive grants who were victims of the bombings of United sponsor of S. 1028, a bill to amend the States embassies in East Africa on August 7, for training court reporters and closed Public Health Service Act to establish 1998, the attack on the U.S.S. Cole on Octo- captioners to meet requirements for an Office of Men’s Health. realtime writers under the Tele- ber 12, 2000, or the attack on the World Trade S. 1053 Center on February 26, 1993, on the same communications Act of 1996, and for At the request of Ms. SNOWE, the basis as compensation is provided to victims other purposes. names of the Senator from Massachu- of the terrorist-related aircraft crashes on S. 736 September 11, 2001; to the Committee on the setts (Mr. KERRY), the Senator from At the request of Mr. ENSIGN, the Judiciary. Delaware (Mr. BIDEN), the Senator names of the Senator from Indiana By Mr. GRAHAM of Florida (for him- from Vermont (Mr. LEAHY), the Sen- (Mr. BAYH) and the Senator from New self and Ms. SNOWE): ator from Louisiana (Ms. LANDRIEU), S. 1729. A bill to establish an informatics York (Mr. SCHUMER) were added as co- the Senator from Maryland (Ms. MI- grant program for hospitals and skilled nurs- sponsors of S. 736, a bill to amend the KULSKI), the Senator from Nebraska ing facilities in order to encourage health Animal Welfare Act to strengthen en- (Mr. NELSON), the Senator from South care providers to make major information forcement of provisions relating to ani- Dakota (Mr. JOHNSON), the Senator technology advances; to the Committee on mal fighting, and for other purposes. Finance. from Washington (Ms. CANTWELL) and S. 811 By Ms. SNOWE (for herself, Mrs. MUR- the Senator from Texas (Mr. CORNYN) RAY, Mr. BIDEN, and Mrs. FEINSTEIN): At the request of Mr. ALLARD, the were added as cosponsors of S. 1053, a S. 1730. A bill to require the health plans name of the Senator from Wyoming bill to prohibit discrimination on the provide coverage for a minimum hospital (Mr. ENZI) was added as a cosponsor of basis of genetic information with re- stay for mastectomies, lumpectomies, and S. 811, a bill to support certain housing lymph node dissection for the treatment of spect to health insurance and employ- proposals in the fiscal year 2003 budget ment. breast cancer and coverage for secondary for the Federal Government, including consultations; to the Committee on Health, S. 1081 Education, Labor, and Pensions. the downpayment assistance initiative under the HOME Investment Partner- At the request of Mr. DOMENICI, the f ship Act, and for other purposes. name of the Senator from Colorado (Mr. ALLARD) was added as a cosponsor ADDITIONAL COSPONSORS S. 882 of S. 1081, a bill to amend section 504(a) S. 168 At the request of Mr. BAUCUS, the of the Higher Education Act of 1965 to At the request of Mrs. FEINSTEIN, the name of the Senator from Louisiana eliminate the 2-year wait out period for name of the Senator from Nevada (Mr. (Mr. BREAUX) was added as a cosponsor grant recipients. ENSIGN) was added as a cosponsor of S. of S. 882, a bill to amend the Internal 168, a bill to require the Secretary of Revenue Code of 1986 to provide im- S. 1214 the Treasury to mint coins in com- provements in tax administration and At the request of Ms. MIKULSKI, the memoration of the San Francisco Old taxpayer safe-guards, and for other name of the Senator from Louisiana Mint. purposes. (Mr. BREAUX) was added as a cosponsor S. 249 S. 894 of S. 1214, a bill to provide a partially At the request of Mrs. HUTCHISON, the At the request of Mr. WARNER, the refundable tax credit for caregiving re- name of the Senator from Alabama name of the Senator from Maine (Ms. lated expenses. (Mr. SESSIONS) was added as a cospon- SNOWE) was added as a cosponsor of S. S. 1287 sor of S. 249, a bill to amend title 38, 894, a bill to require the Secretary of At the request of Mr. DOMENICI, the United States Code, to provide that re- the Treasury to mint coins in com- name of the Senator from Colorado marriage of the surviving spouse of a memoration of the 230th Anniversary (Mr. ALLARD) was added as a cosponsor deceased veteran after age 55 shall not of the United States Marine Corps, and of S. 1287, a bill to amend section result in termination of dependency to support construction of the Marine 502(a)(5) of the Higher Education Act of and indemnity compensation otherwise Corps Heritage Center. 1965 regarding the definition of a His- payable to that surviving spouse. S. 976 panic-serving institution. S. 269 At the request of Mr. WARNER, the S. 1298 At the request of Mr. JEFFORDS, the name of the Senator from Kentucky At the request of Mr. AKAKA, the name of the Senator from Louisiana (Mr. BUNNING) was added as a cosponsor names of the Senator from Maine (Ms. (Ms. LANDRIEU) was added as a cospon- of S. 976, a bill to provide for the COLLINS) and the Senator from New sor of S. 269, a bill to amend the Lacey issuance of a coin to commemorate the York (Mr. SCHUMER) were added as co- Act Amendments of 1981 to further the 400th anniversary of the Jamestown sponsors of S. 1298, a bill to amend the conservation of certain wildlife species. settlement. Farm Security and Rural Investment S. 401 S. 982 Act of 2002 to ensure the humane At the request of Ms. LANDRIEU, the At the request of Mr. SANTORUM, the slaughter of non-ambulatory livestock, name of the Senator from New Jersey name of the Senator from Oklahoma and for other purposes.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12534 CONGRESSIONAL RECORD — SENATE October 14, 2003 S. 1353 COLLINS) and the Senator from New its under section 263A of the Internal At the request of Mr. BROWNBACK, the Jersey (Mr. CORZINE) were added as co- Revenue Code of 1986. name of the Senator from New Mexico sponsors of S. 1587, a bill to make it a S. 1684 (Mr. BINGAMAN) was added as a cospon- criminal act to willfully use a weapon, At the request of Ms. LANDRIEU, the sor of S. 1353, a bill to establish new explosive, chemical weapon, or nuclear name of the Senator from Washington special immigrant categories. or radioactive material with the intent (Ms. CANTWELL) was added as a cospon- S. 1369 to cause death or serious bodily injury sor of S. 1684, a bill to amend the Pub- At the request of Mr. AKAKA, the to any person while on board a pas- lic Health Service Act and Employee name of the Senator from Hawaii (Mr. senger vessel, and for other purposes. Retirement Income Security Act of INOUYE) was added as a cosponsor of S. S. 1602 1974 to require that group and indi- 1369, a bill to ensure that prescription At the request of Mr. LEAHY, the vidual health insurance coverage and drug benefits offered to medicare eligi- name of the Senator from California group health plans provide coverage for ble enrollees in the Federal Employees (Mrs. BOXER) was added as a cosponsor a minimum hospital stay for Health Benefits Program are at least of S. 1602, a bill to amend the Sep- mastectomies and lymph node dissec- equal to the actuarial value of the pre- tember 11th Victim Compensation tions performed for the treatment of scription drug benefits offered to en- Fund of 2001 to extend the deadline for breast cancer. rollees under the plan generally. filing a claim to December 31, 2004. S. 1686 S. 1409 S. 1626 At the request of Mr. GRASSLEY, the At the request of Mrs. FEINSTEIN, the At the request of Mr. DAYTON, the name of the Senator from Utah (Mr. name of the Senator from New York name of the Senator from South Da- HATCH) was added as a cosponsor of S. (Mrs. CLINTON) was added as a cospon- kota (Mr. DASCHLE) was added as a co- 1686, a bill to reauthorize the adoption sor of S. 1409, a bill to provide funding sponsor of S. 1626, a bill to provide incentive payments program under for infrastructure investment to re- emergency disaster assistance to agri- part E of title IV of the Social Security store the United States economy and cultural producers. Act, and for other purposes. to enhance the security of transpor- S. 1695 S. 1628 tation and environmental facilities At the request of Mr. LEAHY, the At the request of Mr. ALEXANDER, the throughout the United States. name of the Senator from Wisconsin name of the Senator from Alaska (Mr. S. 1531 (Mr. FEINGOLD) was added as a cospon- STEVENS) was added as a cosponsor of At the request of Mr. HATCH, the sor of S. 1695, a bill to provide greater S. 1628, a bill to prescribe the oath of names of the Senator from Oregon (Mr. oversight over the USA PATRIOT Act . renunciation and allegiance for pur- SMITH), the Senator from Connecticut poses of the Immigration and Nation- S. 1700 (Mr. LIEBERMAN), the Senator from ality Act. At the request of Mr. LEAHY, the New York (Mr. SCHUMER) and the Sen- names of the Senator from North Caro- S. 1630 ator from Massachusetts (Mr. KERRY) lina (Mr. EDWARDS) and the Senator At the request of Mrs. CLINTON, the were added as cosponsors of S. 1531, a from Connecticut (Mr. LIEBERMAN) bill to require the Secretary of the name of the Senator from Hawaii (Mr. were added as cosponsors of S. 1700, a Treasury to mint coins in commemora- INOUYE) was added as a cosponsor of S. bill to eliminate the substantial back- tion of Chief Justice John Marshall. 1630, a bill to facilitate nationwide log of DNA samples collected from availability of 2–1–1 telephone service S. 1545 crime scenes and convicted offenders, for information and referral services, At the request of Mr. HATCH, the to improve and expand the DNA testing name of the Senator from Arkansas and for other purposes. capacity of Federal, State, and local (Mrs. LINCOLN) was added as a cospon- S. 1645 crime laboratories, to increase re- sor of S. 1545, a bill to amend the Ille- At the request of Mr. CRAIG, the search and development of new DNA gal Immigration Reform and Immi- names of the Senator from Kansas (Mr. testing technologies, to develop new grant Responsibility Act of 1996 to per- ROBERTS), the Senator from New Jer- training programs regarding the collec- mit States to determine State resi- sey (Mr. CORZINE) and the Senator from tion and use of DNA evidence, to pro- dency for higher education purposes Pennsylvania (Mr. SPECTER) were vide post-conviction testing of DNA and to authorize the cancellation of re- added as cosponsors of S. 1645, a bill to evidence to exonerate the innocent, to moval and adjustment of status of cer- provide for the adjustment of status of improve the performance of counsel in tain alien students who are long-term certain foreign agricultural workers, to State capital cases, and for other pur- United States residents. amend the Immigration and Nation- poses. S. 1548 ality Act to reform the H–2A worker S. 1703 At the request of Mr. GRASSLEY, the program under that Act, to provide a At the request of Mr. SMITH, the names of the Senator from Montana stable, legal agricultural workforce, to names of the Senator from Oregon (Mr. (Mr. BURNS), the Senator from Alaska extend basic legal protections and bet- WYDEN), the Senator from Kansas (Mr. (Ms. MURKOWSKI), the Senator from In- ter working conditions to more work- BROWNBACK), the Senator from Penn- diana (Mr. LUGAR) and the Senator ers, and for other purposes. sylvania (Mr. SPECTER) and the Sen- from Alaska (Mr. STEVENS) were added S. 1670 ator from Montana (Mr. BURNS) were as cosponsors of S. 1548, a bill to amend At the request of Mr. DAYTON, the added as cosponsors of S. 1703, a bill to the Internal Revenue Code of 1986 to names of the Senator from Michigan amend the Internal Revenue Code of provide incentives for the production of (Ms. STABENOW) and the Senator from 1986 to provide a credit against income renewable fuels and to simplify the ad- Georgia (Mr. CHAMBLISS) were added as tax for expenditures for the mainte- ministration of the Highway Trust cosponsors of S. 1670, a bill to expand nance of railroad tracks of Class II and Fund fuel excise taxes, and for other the Rest and Recuperation Leave pro- Class III railroads. purposes. gram for members of the Armed Forces S. 1708 S. 1562 serving in the Iraqi theater of oper- At the request of Mr. KENNEDY, the At the request of Mr. CRAIG, the ations in support of Operation Iraqi names of the Senator from New Mexico name of the Senator from Alabama Freedom to include travel and trans- (Mr. BINGAMAN) and the Senator from (Mr. SESSIONS) was added as a cospon- portation to the members’ permanent New York (Mr. SCHUMER) were added as sor of S. 1562, a bill to amend selected station or home. cosponsors of S. 1708, a bill to provide statutes to clarify existing Federal law S. 1681 extended unemployment benefits to as to the treatment of students pri- At the request of Mr. BUNNING, the displaced workers, and to make other vately educated at home under state name of the Senator from Louisiana improvements in the unemployment law. (Mr. BREAUX) was added as a cosponsor insurance system. S. 1587 of S. 1681, a bill to exempt the natural S. 1714 At the request of Mr. BIDEN, the aging process in the determination of At the request of Mr. CORZINE, the names of the Senator from Maine (Ms. the production period for distilled spir- name of the Senator from New York

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12535 (Mr. SCHUMER) was added as a cospon- making emergency supplemental ap- (D) the failure of Federal law to address or sor of S. 1714, a bill to amend the Na- propriations for Iraq and Afghanistan provide for many of the essential elements of tional Housing Act to increase the security and reconstruction for the fis- general probate law, either directly or by cal year ending September 30, 2004, and reference, which— maximum mortgage amount limit for (i) is unfair to the owners of trust and re- FHA-insured mortgages for multi- for other purposes. stricted land (and heirs and devisees of own- family housing located in high-cost f ers); and areas. STATEMENTS ON INTRODUCED (ii) makes probate planning more difficult; S. RES. 98 and BILLS AND JOINT RESOLUTIONS (4) a uniform Federal probate code would At the request of Mr. CAMPBELL, the By Mr. CAMPBELL: likely— name of the Senator from Colorado S. 1721. A bill to amend the Indian (A) reduce the number of fractionated in- (Mr. ALLARD) was added as a cosponsor Land Consolidation Act to improve terests in trust or restricted land; of S. Res. 98, a resolution expressing provisions relating to probate of trust (B) facilitate efforts to provide probate the sense of the Senate that the Presi- and restricted land, and for other pur- planning assistance and advice; dent should designate the week of Oc- (C) facilitate intertribal efforts to produce poses; to the Committee on Indian Af- tribal probate codes in accordance with sec- tober 12, 2003, through October 18, 2003, fairs. as ‘‘National Cystic Fibrosis Awareness tion 206 of the Indian Land Consolidation Mr. CAMPBELL. Mr. President, Act (25 U.S.C. 2205); and Week’’. today I am pleased to introduce the (D) provide essential elements of general S. RES. 202 American Indian Probate Reform Act probate law that are not applicable on the At the request of Mr. SANTORUM, his of 2003, which builds on the solid foun- date of enactment of this Act to interests in name was added as a cosponsor of S. dation laid in Indian Land Consolida- trust or restricted land. Res. 202, a resolution expressing the tion Act Amendments of 2000, P.L. 106– SEC. 3. INDIAN PROBATE REFORM. sense of the Senate regarding the geno- 462, and S. 550, the Indian Probate Act (a) TESTAMENTARY DISPOSITION.—Section 207 of the Indian Land Consolidation Act (25 cidal Ukraine Famine of 1932–33. of 2003, which I also sponsored. The bill U.S.C. 2206) is amended by striking sub- S. RES. 205 I am introducing today would bring a section (a) and inserting the following: At the request of Mr. COLEMAN, the number of greatly needed amendments ‘‘(a) TESTAMENTARY DISPOSITION.— name of the Senator from Nebraska to the Indian Land Consolidation Act ‘‘(1) GENERAL DEVISE OF AN INTEREST IN TRUST OR RESTRICTED LAND.— (Mr. HAGEL) was added as a cosponsor Amendments of 2000, including a re- ‘‘(A) IN GENERAL.—Subject to any applica- of S. Res. 205, a resolution expressing vised uniform Federal probate code applicable to trust and restricted Indian ble Federal law relating to the devise or de- the sense of the Senate that a com- scent of trust or restricted land, or a tribal memorative postage stamp should be lands, and provisions that will facili- probate code approved by the Secretary in issued on the subject of autism aware- tate the consolidation of interests in accordance with section 206, the owner of an ness. highly fractionated Indian lands. interest in trust or restricted land may de- I ask unanimous consent that the vise such an interest to— AMENDMENT NO. 1811 text of the bill be printed in the ‘‘(i) an Indian tribe with jurisdiction over At the request of Mr. CORZINE, the RECORD. the land; or name of the Senator from Illinois (Mr. There being no objection, the bill was ‘‘(ii) any Indian; or DURBIN) was added as a cosponsor of ordered to be printed in the RECORD, as ‘‘(iii) any lineal descendant of the testator; amendment No. 1811 proposed to S. follows: or ‘‘(iv) any person who owns a preexisting 1689, an original bill making emer- S. 1721 gency supplemental appropriations for undivided trust or restricted interest in the Be it enacted by the Senate and House of Rep- same parcel of land; Iraq and Afghanistan security and re- resentatives of the United States of America in in trust or restricted status. construction for the fiscal year ending Congress assembled, ‘‘(B) RULE OF INTERPRETATION.—Any devise September 30, 2004, and for other pur- SECTION 1. SHORT TITLE. of an interest in trust or restricted land or poses. This Act may be cited as the ‘‘American personal property to a devisee listed in sub- Indian Probate Reform Act of 2003’’. AMENDMENT NO. 1816 paragraph (A) shall be considered to be a de- SEC. 2. FINDINGS. vise of the interest in trust or restricted sta- At the request of Mr. DASCHLE, the Congress finds that— tus, unless— names of the Senator from North Da- (1) the Act of February 8, 1887 (commonly ‘‘(i) language in the will clearly evidences kota (Mr. DORGAN) and the Senator known as the ‘‘Indian General Allotment the testator’s intent that the interest is to from South Dakota (Mr. JOHNSON) were Act’’) (25 U.S.C. 331 et seq.), which author- vest in the devisee as a fee interest without added as cosponsors of amendment No. ized the allotment of Indian reservations, did restrictions; or 1816 proposed to S. 1689, an original bill not permit Indian allotment owners to pro- ‘‘(ii) the interest devised is a life estate. making emergency supplemental ap- vide for the testamentary disposition of the ‘‘(2) DEVISE OF TRUST OR RESTRICTED LAND propriations for Iraq and Afghanistan land that was allotted to them; AS A LIFE ESTATE OR IN FEE.— (2) that Act provided that allotments ‘‘(A) IN GENERAL.—Except as provided security and reconstruction for the fis- would descend according to State law of in- under any applicable Federal law, any inter- cal year ending September 30, 2004, and testate succession based on the location of est in trust or restricted land that is not de- for other purposes. the allotment; vised in accordance with paragraph (1) may AMENDMENT NO. 1818 (3) the reliance of the Federal Government be devised only— At the request of Mr. BYRD, the on the State law of intestate succession with ‘‘(i) as a life estate without regard to waste names of the Senator from California respect to the descent of allotments has re- to any person, with the remainder being de- sulted in numerous problems affecting In- vised only in accordance with subparagraph (Mrs. BOXER) and the Senator from dian tribes, members of Indian tribes, and (B) or paragraph (1); or Massachusetts (Mr. KERRY) were added the Federal Government, including ‘‘(ii) except as provided in subparagraph as cosponsors of amendment No. 1818 (A) the increasingly fractionated owner- (B), in fee to any person. proposed to S. 1689, an original bill ship of trust and restricted land as that land ‘‘(B) LIMITATION.—Any interest in trust or making emergency supplemental ap- is inherited by successive generations of restricted land that is subject to section 4 of propriations for Iraq and Afghanistan owners as tenants in common; the Act of June 18, 1934 (25 U.S.C. 464), may security and reconstruction for the fis- (B) the application of different rules of in- be devised only in accordance with— cal year ending September 30, 2004, and testate succession to each interest of a dece- ‘‘(i) that section; dent in or to trust or restricted land if that ‘‘(ii) subparagraph (A)(i); or for other purposes. land is located within the boundaries of more ‘‘(iii) paragraph (1). AMENDMENT NO. 1825 than 1 State, which application— ‘‘(3) GENERAL DEVISE OF AN INTEREST IN At the request of Mr. BOND, the (i) makes probate planning unnecessarily TRUST OR RESTRICTED PERSONAL PROPERTY.— names of the Senator from Maine (Ms. difficult; and ‘‘(A) TRUST OR RESTRICTED PERSONAL PROP- COLLINS), the Senator from Washington (ii) impedes efforts to provide probate ERTY DEFINED.—The term ‘Trust or restricted planning assistance or advice; personal property’ as used in this section in- (Ms. CANTWELL), the Senator from (C) the absence of a uniform general pro- cludes— Florida (Mr. GRAHAM) and the Senator bate code for trust and restricted land, which ‘‘(i) all funds and securities of any kind from Michigan (Ms. STABENOW) were makes it difficult for Indian tribes to work which are held in trust in an individual In- added as cosponsors of amendment No. cooperatively to develop tribal probate dian money account or otherwise supervised 1825 proposed to S. 1689, an original bill codes; and for the decedent by the Secretary; and

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12536 CONGRESSIONAL RECORD — SENATE October 14, 2003 ‘‘(ii) absent clear evidence to the contrary, dren of the child survive the decedent) in vises interests in the same parcel of trust or all personal property permanently affixed to equal shares. restricted lands to more than 1 person, in the trust or restricted lands. ‘‘(ii) If the property does not pass under absence of express language in the devise to ‘‘(B) IN GENERAL.—Subject to any applica- clause (i), to the surviving Indian great- the contrary, the devise shall be presumed to ble Federal law relating to the devise or de- grandchildren of the decedent in equal create joint tenancy with the right of survi- scent of such trust or restricted personal shares. vorship in the interests involved.’’. property, or a tribal probate code approved ‘‘(iii) If the property does not pass under (d) RULE OF CONSTRUCTION.—Section 207 of by the Secretary in accordance with section clause (i) or (ii), to the surviving Indian the Indian Land Consolidation Act (25 U.S.C. 206, the owner of an interest in trust or re- brothers and sisters who are full siblings of 2206) is amended by adding at the end the fol- stricted personal property may devise such the decedent or who are half-siblings by lowing: an interest to any person or entity. blood and not by marriage, in equal shares. ‘‘(h) APPLICABLE FEDERAL LAW.— ‘‘(C) MAINTENANCE AS TRUST OR RESTRICTED ‘‘(iv) If the property does not pass under ‘‘(1) IN GENERAL.—Any references in sub- PERSONAL PROPERTY.—Except as provided in clause (i), (ii), or (iii), to the Indian parent or sections (a) and (b) to applicable Federal law include— paragraph (1)(B), where an interest in trust parents of the decedent in equal shares. ‘‘(A) Public Law 91–627 (84 Stat. 1874); or restricted personal property is devised to ‘‘(v) If the property does not pass under ‘‘(B) Public Law 92–377 (86 Stat. 530); a devisee listed in paragraph (1)(A), the Sec- clause (i), (ii), (iii), or (iv), to the Indian ‘‘(C) Public Law 92–443 (86 Stat. 744); retary shall maintain and continue to man- tribe with jurisdiction over the interests in ‘‘(D) Public Law 96–274 (94 Stat. 537); and age such interests as trust or restricted per- trust or restricted lands; sonal property . ‘‘(E) Public Law 98–513 (98 Stat. 2411). except that notwithstanding clause (v), an ‘‘(D) DIRECT DISBURSEMENT AND DISTRIBU- ‘‘(2) NO EFFECT ON LAWS.—Nothing in this Indian co-owner (including the Indian tribe TION.—In the case of a devise of an interest section amends or otherwise affects the ap- referred to in clause (v)) of a parcel of trust in trust or restricted personal property to a plication of any law described in paragraph or restricted land may acquire an interest devisee not listed in paragraph (1)(A), the (1), or any other Federal law that provides that would otherwise descend under that Secretary shall directly disburse and dis- for the devise and descent of any trust or re- clause by paying into the estate of the dece- tribute such personal property to the devi- stricted land located on a specific Indian res- see. dent, before the close of the probate of the ervation or for the devise and descent of the estate, the fair market value of the interest ‘‘(4) INELIGIBLE DEVISEES OF TRUST OR RE- allotted lands of a specific tribe or specific in the land; if more than 1 Indian co-owner STRICTED INTEREST; INVALID WILLS.—Any in- tribes. terest in trust or restricted land or personal offers to pay for such interest, the highest ‘‘(i) RULES OF INTERPRETATION.—In the ab- property that is devised as a trust or re- bidder shall acquire the interest. sence of a contrary intent, and except as oth- stricted interest to a devisee not listed in ‘‘(C) NO INDIAN TRIBE.—If there is no Indian erwise provided under this Act or a tribal subparagraph (A) of paragraph (1) shall de- tribe with jurisdiction over the interests in probate code approved by the Secretary pur- scend to the devisee as a fee interest. Any in- trust or restricted lands that would other- suant to section 206, wills shall be construed terest in trust or restricted land or personal wise descend under subparagraph (B)(v), then as to trust and restricted land and personal property that is not disposed of by a valid such interests shall be divided equally property in accordance with the following will shall descend in accordance with the ap- among co-owners of trust or restricted inter- rules: plicable law of intestate succession as pro- ests in the parcel; if there are no such co- ‘‘(1) CONSTRUCTION THAT WILL PASSES ALL vided for in subsection (b).’’. owners, then the Secretary shall accumulate PROPERTY.—A will shall be construed to (b) NONTESTAMENTARY DISPOSITION.—Sec- and hold such interests in trust or restricted apply to all trust and restricted land and tion 207 of the Indian Land Consolidation status for the Indian tribe or tribes from personal property which the testator owned Act (25 U.S.C. 2206) is amended by striking which the decedent descended. at his death, including any such land or subsection (b) and inserting the following: ‘‘(3) RIGHT OF REPRESENTATION.— property acquired after the execution of his ‘‘(b) NONTESTAMENTARY DISPOSITION.— ‘‘(A) IN GENERAL.—Subject to subparagraph will. ‘‘(1) RULES OF DESCENT.—Subject to any ap- (B)— ‘‘(2) CLASS GIFTS.— plicable Federal law relating to the devise or ‘‘(i) the interests passing to children and ‘‘(A) Terms of relationship that do not dif- descent of trust or restricted property, any grandchildren of a decedent under paragraph ferentiate relationships by blood from those interest in trust or restricted property, in- (2) shall be divided into as many equal shares by affinity, such as ‘uncles’, ‘aunts’, ‘nieces’ cluding personal property, that is not dis- as there are surviving children of the dece- or ‘nephews’, are construed to exclude rel- posed of by a valid will— dent, deceased children who have died before atives by affinity. Terms of relationship that ‘‘(A) shall descend according to a tribal the decedent without issue, and deceased do not differentiate relationships by the half probate code that is approved in accordance children who have died before the decedent blood from those by the whole blood, such as with section 206; or and have left grandchildren who survive the ‘brothers’, ‘sisters’, ‘nieces’, or ‘nephews’, ‘‘(B) in the case of an interest in trust or decedent; and are construed to include both types of rela- restricted property to which such a code does ‘‘(ii) 1 share shall pass to each surviving tionships. not apply, shall descend in accordance with— child of the decedent and 1 share shall pass ‘‘(B) MEANING OF ‘HEIRS’ AND ‘NEXT OF KIN,’ ‘‘(i) paragraphs (2) through (4); and equally divided among the surviving children ETC; TIME OF ASCERTAINING CLASS.—A devise ‘‘(ii) other applicable Federal law. of a deceased child. of trust or restricted land or trust funds to ‘‘(2) RULES GOVERNING DESCENT OF ES- ‘‘(B) EXCEPTION FOR HEIRS OF EQUAL CON- the testator’s or another designated person’s TATE.— SANGUINITY.—Notwithstanding subparagraph ‘heirs’, ‘next of kin’, ‘relatives’, or ‘family’ ‘‘(A) SURVIVING SPOUSE.—If there is a sur- (A), when the persons entitled to take under shall mean those persons, including the viving spouse of the decedent, such spouse subparagraph (B)(i) of paragraph (2) are all in spouse, who would be entitled to take under shall receive trust and restricted property in the same degree of consanguinity to the de- the provisions of this Act for nontesta- the estate as follows: cedent, they shall take in equal shares. mentary disposition. The class is to be ‘‘(i) If the decedent is survived by an heir ‘‘(4) SPECIAL RULE RELATING TO SURVIVAL.— ascertained as of the date of the testator’s described in subparagraph (B) (i), (ii), (iii), or In the case of intestate succession under this death. (iv), the surviving spouse shall receive 1⁄3 of subsection, if an individual fails to survive ‘‘(C) TIME FOR ASCERTAINING CLASS.—In the trust or restricted personal property of the decedent by at least 120 hours, as estab- construing a devise to a class other than a the decedent and a life estate without regard lished by clear and convincing evidence— class described in subparagraph (B), the class to waste in the interests in trust or re- ‘‘(A) the individual shall be deemed to have shall be ascertained as of the time the devise stricted lands of the decedent. predeceased the decedent for the purpose of is to take effect in enjoyment. The surviving ‘‘(ii) If there are no heirs described in sub- intestate succession; and issue of any member of the class who is then paragraph (B) (i), (ii), (iii), or (iv), the sur- ‘‘(B) the heirs of the decedent shall be de- dead shall take by right of representation viving spouse shall receive all of the trust or termined in accordance with this section. the share which their deceased ancestor restricted personal property of the decedent ‘‘(5) STATUS OF INHERITED INTERESTS.—A would have taken. and a life estate without regard to waste in trust or restricted interest in land or per- ‘‘(3) MEANING OF ‘DIE WITHOUT ISSUE’ AND the trust or restricted lands. sonal property that descends under the pro- SIMILAR PHRASES.—In any devise under this ‘‘(iii) The remainder shall pass as set forth visions of this subsection (not including any chapter, the words ‘die without issue’, ‘die in subparagraph (B). interest in land or personal property passing without leaving issue’, ‘have no issue’, or ‘‘(B) INDIAN HEIRS.—Where there is no sur- to a surviving spouse under paragraph (2)(A)) words of a similar import shall be construed viving spouse of the decedent, or there is a shall continue to have the same trust or re- to mean that an individual had no lineal de- remainder pursuant to subparagraph (A), the stricted status in the hands of the heir as scendants in his lifetime or at his death, and estate or remainder of the decedent shall, such interest had immediately prior to the not that there will be no lineal descendants subject to subparagraph (A), pass as follows: decedent’s death.’’. at some future time. ‘‘(i) To the Indian children of the decedent (c) Section 207(c) of the Indian Land Con- ‘‘(4) PERSONS BORN OUT OF WEDLOCK.—In (or if 1 or more of those Indian children do solidation Act (25 U.S.C. 2206 (c)) is amended construing provisions of this chapter relat- not survive the decedent, the Indian children by striking all that follows the heading, ing to lapsed and void devises, and in con- of the deceased child of the decedent, by ‘‘JOINT TENANCY; RIGHT OF SURVIVORSHIP’’, struing a devise to a person or persons de- right of representation, if such Indian chil- and inserting the following: ‘‘If a testator described by relationship to the testator or to

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another, a person born out of wedlock shall deemed to have predeceased the decedent as ‘‘(i) IN GENERAL.—Except as provided in be considered the child of the natural mother to decedent’s interests in trust or restricted clause (ii), if the surviving spouse of a tes- and also of the natural father. property which would have passed from the tator married the testator after the testator ‘‘(5) LAPSED AND VOID DEVISES AND LEG- decedent or his estate to the heir by kill- executed the will of the testator, the sur- ACIES; SHARES NOT IN RESIDUE.—Where a de- ing— viving spouse shall receive the intestate vise of property that is not part of the resid- ‘‘(A) under intestate succession under this share in trust or restricted land that the uary estate fails or becomes void because— chapter; spouse would have received if the testator ‘‘(A) the beneficiary has predeceased the ‘‘(B) under a tribal probate code, unless had died intestate. testator; otherwise provided for; ‘‘(ii) EXCEPTION.—Clause (i) shall not apply ‘‘(B) the devise has been revoked by the ‘‘(C) as the surviving spouse; to an interest in trust or restricted land testator; or ‘‘(D) by devise; where— ‘‘(C) the devise has been disclaimed by the ‘‘(E) as a reversion or a vested remainder; ‘‘(I) the will of a testator is executed before beneficiary; ‘‘(F) as a survivorship interest; and the date of enactment of this subparagraph; the property shall, if not otherwise expressly ‘‘(G) as a contingent remainder or execu- ‘‘(II)(aa) the spouse of a testator is a non- provided for under this Act or a tribal pro- tory or other future interest. Indian; and OINT TENANTS, JOINT OWNERS, AND bate code, pass under the residuary clause, if ‘‘(4) J ‘‘(bb) the testator devised the interests in JOINT OBLIGEES.— any, contained in the will. trust or restricted land of the testator to 1 or ‘‘(A) Any trust or restricted land or per- ‘‘(6) LAPSED AND VOID DEVISES AND LEG- more Indians; sonal property held by only the heir by kill- ACIES; SHARES IN RESIDUE.—When a devise as ‘‘(III) it appears, based on an examination ing and the decedent as joint tenants, joint described in paragraph (7) shall be included of the will or other evidence, that the will owners, or joint obligees shall pass upon the in a residuary clause of the will and shall not was made in contemplation of the marriage death of the decedent to his or her estate, as be available to the issue of the devisee, and of the testator to the surviving spouse; if the heir by killing had predeceased the de- if the disposition shall not be otherwise ex- ‘‘(IV) the will expresses the intention that cedent. pressly provided for by a tribal probate code, the will is to be effective notwithstanding ‘‘(B) As to trust or restricted property held any subsequent marriage; or it shall pass to the other residuary devisees, jointly by 3 or more persons, including both if any, in proportion to their respective ‘‘(V)(aa) the testator provided for the the heir by killing and the decedent, any in- spouse by a transfer of funds or property out- shares or interests in the residue. come which would have accrued to the heir ‘‘(7) FAMILY CEMETERY PLOT.—If a family side the will; and by killing as a result of the death of the de- ‘‘(bb) an intent that the transfer be in lieu cemetery plot owned by the testator at his cedent shall pass to the estate of the dece- decease is not mentioned in the decedent’s of a testamentary provision is demonstrated dent as if the heir by killing had predeceased by statements of the testator or through a will, the ownership of the plot shall descend the decedent and any surviving joint ten- to his heirs as if he had died intestate. reasonable inference based on the amount of ants. the transfer or other evidence. ‘‘(8) AFTER-BORN HEIRS.—A child in gesta- ‘‘(C) Notwithstanding any other provision ‘‘(iii) SPOUSES MARRIED AT THE TIME OF THE tion at the time of decedent’s death will be of this subsection, the decedent’s interest in treated as having survived the decedent if WILL.—Should the surviving spouse of the trust or restricted property that is held in a testator be omitted from the will of the tes- the child lives at least 120 hours after its joint tenancy with the right of survivorship tator, the surviving spouse shall be treated, birth. shall be severed from the joint tenancy as for purposes of trust or restricted land or ‘‘(9) ADVANCEMENTS OF TRUST OR RE- though the property held in the joint ten- personal property in the testator’s estate, as STRICTED PERSONAL PROPERTY DURING LIFE- ancy were to be severed and distributed though there was no will under the provi- TIME; EFFECT ON DISTRIBUTION OF ESTATE.— equally among the joint tenants and the de- sions of section 207(b)(2)(A) if— ‘‘(A) The trust or restricted personal prop- cedent’s interest shall pass to his estate; the ‘‘(I) the testator and surviving spouse were erty of a decedent who dies intestate as to remainder of the interests shall remain in continuously married without legal separa- all or a portion of his or her estate, given joint tenancy with right of survivorship tion for the 10-year period preceding the de- during the decedent’s lifetime to an heir of among the surviving joint tenants. cedent’s death; the decedent, shall be treated as an advance- ‘‘(5) LIFE ESTATE FOR THE LIFE OF AN- ‘‘(II) the testator and surviving spouse ment against the heir’s inheritance, but only OTHER.—If the estate is held by a third per- if the decedent declared in a contempora- son whose possession expires upon the death have a surviving child who is the child of the neous writing, or the heir acknowledged in of the decedent, it shall remain in such per- testator; writing, that the gift is an advancement or is son’s hands for the period of the life expect- ‘‘(III) the surviving spouse has made sub- to be taken into account in computing the ancy of the decedent. stantial payments on or improvements to the trust or restricted land in such estate; or division and distribution of the decedent’s ‘‘(6) PREADJUDICATION RULE.— ‘‘(IV) the surviving spouse is under a bind- intestate estate. ‘‘(A) IN GENERAL.—If a person has been ‘‘(B) For the purposes of this section, trust charged, whether by indictment, informa- ing obligation to continue making loan pay- or restricted personal property advanced tion, or otherwise by the United States, a ments for the trust or restricted land for a during the decedent’s lifetime is valued as of tribe, or any State, with voluntary man- substantial period of time; the time the heir came into possession or en- slaughter or homicide in connection with a except that if there is evidence that the tes- joyment of the property or as of the time of decedent’s death, then any and all trust or tator adequately provided for the surviving the decedent’s death, whichever occurs first. restricted land or personal property that spouse and any minor children by a transfer ‘‘(C) If the recipient of the property would otherwise pass to that person from the of funds or property outside of the will, this predeceases the decedent, the property is not decedent’s estate shall not pass or be distrib- clause shall not apply. treated as an advancement or taken into ac- uted by the Secretary until the charges have ‘‘(iv) DEFINED TERMS.—The terms ‘substan- count in computing the division and dis- been resolved in accordance with the provi- tial payments or improvements’ and ‘sub- tribution of the decedent’s intestate estate sions of this paragraph. stantial period of time’ as used in subpara- unless the decedent’s contemporaneous writ- ‘‘(B) DISMISSAL OR WITHDRAWAL.—Upon dis- graph (A)(iii) (III) and (IV) shall have the ing provides otherwise. missal or withdrawal of the charge, or upon meanings given to them in the regulations ‘‘(10) HEIRS RELATED TO DECEDENT THROUGH a verdict of not guilty, such land and funds adopted by the Secretary under the provi- 2 LINES; SINGLE SHARE.—A person who is re- shall pass as if no charge had been filed or sions of this Act. lated to the decedent through 2 lines of rela- made. ‘‘(B) CHILDREN.— tionship is entitled to only a single share ‘‘(C) CONVICTION.—Upon conviction of such ‘‘(i) IN GENERAL.—If a testator executed the based on the relationship that would entitle person, the trust and restricted land and per- will of the testator before the birth or adop- the person to the larger share. sonal property in the estate shall pass in action of 1 or more children of the testator, ‘‘(j) HEIRSHIP BY KILLING.— cordance with this subsection. and the omission of the children from the ‘‘(1) ‘HEIR BY KILLING’ DEFINED.—As used in ‘‘(7) BROAD CONSTRUCTION; POLICY OF SUB- will is a product of inadvertence rather than this subsection, ‘heir by killing’ means any SECTION.—This subsection shall not be con- an intentional omission, the children shall person who participates, either as a principal sidered penal in nature, but shall be con- share in the intestate interests of the dece- or as an accessory before the fact, in the strued broadly in order to effect the policy dent in trust or restricted land as if the dece- willful and unlawful killing of the decedent. that no person shall be allowed to profit by dent had died intestate. ‘‘(2) NO ACQUISITION OF PROPERTY BY KILL- his own wrong, wherever committed. ‘‘(ii) ADOPTED HEIRS.—Any person recog- ING.—Subject to any applicable Federal law ‘‘(k) GENERAL RULES GOVERNING PRO- nized as an heir by virtue of adoption under relating to the devise or descent of trust or BATE.— the Act of July 8, 1940 (25 U.S.C. 372a), shall restricted property, no heir by killing shall ‘‘(1) SCOPE.—The provisions of this sub- be treated as the child of a decedent under in any way acquire any interests in trust or section shall apply only to estates that are this subsection. restricted property as the result of the death subject to probate under the provisions of ‘‘(iii) ADOPTED-OUT CHILDREN.— of the decedent, but such property shall pass subsections (a) and (b). ‘‘(I) IN GENERAL.—For purposes of this Act, in accordance with this subsection. ‘‘(2) PRETERMITTED SPOUSES AND CHIL- an adopted person shall not be considered ‘‘(3) DESCENT, DISTRIBUTION, AND RIGHT OF DREN.— the child or issue of his natural parents, ex- SURVIVORSHIP.—The heir by killing shall be ‘‘(A) SPOUSES.— cept in distributing the estate of a natural

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12538 CONGRESSIONAL RECORD — SENATE October 14, 2003 kin, other than the natural parent, who has land by sale in accordance with the provi- notice to an owner is returned undelivered, maintained a family relationship with the sions of this subsection upon receipt of an the Secretary shall, in accordance with regu- adopted person. If a natural parent shall application by— lations adopted to implement the provisions have married the adopting parent, the adopt- ‘‘(i) the Indian tribe with jurisdiction over of this section, attempt to obtain a current ed person for purposes of inheritance by, the subject land that owns an undivided in- address for such owner by inquiring with— from and through him shall also be consid- terest in the parcel of land; or ‘‘(aa) the owner’s relatives, if any are ered the issue of such natural parent. ‘‘(ii) any person owning an undivided trust known; ‘‘(II) ELIGIBLE HEIR PURSUANT TO OTHER or restricted interest in the parcel of land. ‘‘(bb) the Indian tribe of which the owner is FEDERAL LAW OR TRIBAL LAW.—Notwith- ‘‘(B) DETERMINATION.—Upon receipt of an a member; and standing the provisions of subparagraph application pursuant to subparagraph (A), ‘‘(cc) the Indian tribe with jurisdiction (B)(iii)(I), other Federal laws and laws of the the Secretary shall determine whether the over the subject parcel. Indian tribe with jurisdiction over the trust subject parcel meets the requirements set ‘‘(II) SERVICE BY PUBLICATION.—In the or restricted land may otherwise define the forth in section 202(6) (25 U.S.C. 2201(6)) to be event that the Secretary is unable to serve inheritance rights of adopted-out children. classified as a parcel of highly fractionated the notice by mail pursuant to subclause (II), ‘‘(3) DIVORCE.— Indian land. the notice shall be served by publishing the ‘‘(A) SURVIVING SPOUSE.— ‘‘(C) CONSENT REQUIREMENTS.—A parcel of notice 2 times in a newspaper of general cir- ‘‘(i) IN GENERAL.—An individual who is di- land may be partitioned under this sub- vorced from a decedent, or whose marriage section only with the written consent of— culation in the county or counties where the to the decedent has been annulled, shall not ‘‘(i) the Indian tribe with jurisdiction over subject parcel of land is located. be considered to be a surviving spouse un- the subject land if such Indian tribe owns an ‘‘(F) FINAL APPRAISAL.—After reviewing less, by virtue of a subsequent marriage, the undivided interest in the parcel; and considering comments or information individual is married to the decedent at the ‘‘(ii) any owner who, for the 3-year period submitted by any owner of an interest in the time of death of the decedent. immediately preceding the date on which the parcel in response to the notice required ‘‘(ii) SEPARATION.—A decree of separation Secretary receives the application, has— under subparagraph (E), the Secretary may— that does not dissolve a marriage, and termi- ‘‘(I) continuously maintained a bona fide ‘‘(i) modify the preliminary appraisal and, nate the status of husband and wife, shall residence on the parcel; or as modified, determine it to be the final ap- not be considered a divorce for the purpose of ‘‘(II) continuously operated a bona fide praisal for the parcel; or this subsection. farm, ranch, or other business on the parcel; ‘‘(ii) determine that preliminary appraisal ‘‘(iii) NO EFFECT ON ADJUDICATIONS.—Noth- and should be the final appraisal for the parcel, ing in clause (i) prevents an entity respon- ‘‘(iii) the owners of at least 50 percent of without modifications. sible for adjudicating an interest in trust or the undivided interests in the parcel if, based ‘‘(G) NOTICE TO OWNERS ON DETERMINATION restricted land from giving effect to a prop- on the final appraisal prepared pursuant to OF FINAL APPRAISAL.—Upon making the de- erty right settlement if 1 of the parties to subparagraph (F), the Secretary determines termination under subparagraph (F) the Sec- the settlement dies before the issuance of a that any person’s undivided trust or re- retary shall provide to each owner of the final decree dissolving the marriage of the stricted interest in the parcel has a value in parcel of land and the Indian tribe with ju- parties to the property settlement. excess of $1,000, except that the Secretary risdiction over the subject land, written no- ‘‘(B) EFFECT OF SUBSEQUENT DIVORCE ON A may consent on behalf of undetermined tice served in accordance with subparagraph WILL OR DEVISE.— heirs, minors, and legal incompetents having (E)(ii) stating— ‘‘(i) IN GENERAL.—If, after executing a will, no legal guardian, and missing owners or ‘‘(i) the results of the final appraisal; a testator is divorced or the marriage of the owners whose whereabouts are unknown but ‘‘(ii) the owner’s right to review a copy of testator is annulled, as of the effective date only after a search for such owners has been the appraisal upon request; and of the divorce or annulment, any disposition completed in accordance with the provisions ‘‘(iii) that the land will be sold in accord- of interests in trust or restricted land made of this subsection. ance with subparagraph (G) for not less than by the will to the former spouse of the tes- ‘‘(D) PRELIMINARY APPRAISAL.—After the the final appraised value subject to the con- tator shall be considered to be revoked un- Secretary has determined that the subject sent requirements under paragraph (2)(C). less the will expressly provides otherwise. parcel is a parcel of highly fractionated In- ‘‘(H) SALE.—Subject to the requirements of ‘‘(ii) PROPERTY.—Property that is pre- dian land pursuant to subparagraph (B), the paragraph (2)(C), the Secretary shall— vented from passing to a former spouse of a Secretary shall cause a preliminary ap- ‘‘(i) provide every owner of the parcel of decedent under clause (i) shall pass as if the praisal of the subject parcel to be made. land and the Indian tribe with jurisdiction former spouse failed to survive the decedent. ‘‘(E) NOTICE TO OWNERS ON COMPLETION OF over the subject land with notice that— ‘‘(iii) PROVISIONS OF WILLS.—Any provision PRELIMINARY APPRAISAL.—Upon completion ‘‘(I) the decision to partition by sale is of the preliminary appraisal, the Secretary of a will that is considered to be revoked final; and shall give written notice of the requested solely by operation of this subparagraph ‘‘(II) each owner has the right to appeal partition and preliminary appraisal to all shall be revived by the remarriage of a tes- the determination of the Secretary to parti- owners of undivided interests in the parcel, tator to the former spouse of the testator. tion the parcel of land by sale, including the in accordance with the following require- ‘‘(4) NOTICE.— right to appeal the final appraisal; ments: ‘‘(A) IN GENERAL.—To the maximum extent ‘‘(ii) after providing public notice of the ‘‘(i) CONTENTS OF NOTICE.—The notice re- practicable, the Secretary shall notify each sale pursuant to regulations adopted by the owner of trust and restricted land of the pro- quired by this subsection shall state— ‘‘(I) that a proceeding to partition the par- Secretary to implement this subsection, visions of this Act. offer to sell the land by competitive bid for ‘‘(B) COMBINED NOTICES.—The notice under cel of land by sale has been commenced; ‘‘(II) the legal description of the subject not less than the final appraised value to the subparagraph (A) may, at the discretion of highest bidder from among the following eli- the Secretary, be provided with the notice parcel; gible bidders: required under section 207(g).’’. ‘‘(III) the owner’s ownership interest in the subject parcel; ‘‘(I) any owner of a trust or restricted in- SEC. 4. PARTITION OF HIGHLY FRACTIONATED terest in the parcel being sold; INDIAN LANDS. ‘‘(IV) the results of the preliminary ap- ‘‘(II) the Indian tribe, if any, with jurisdic- Section 205 of the Indian Land Consolida- praisal; tion Act (25 U.S.C. 2204) is amended by add- ‘‘(V) the owner’s right to request a copy of tion over the parcel being sold; and ing at the end the following: the preliminary appraisal; ‘‘(III) any member of the Indian tribe de- ‘‘(c) PARTITION OF HIGHLY FRACTIONATED ‘‘(VI) the owner’s right to comment on the scribed in subclause (II); and INDIAN LANDS.— proposed partition and the preliminary ap- ‘‘(iii) if no bidder described in clause (ii) ‘‘(1) APPLICABILITY.—This subsection shall praisal; presents a bid that equals or exceeds the ap- be applicable only to parcels of land (includ- ‘‘(VII) the date by which the owner’s com- praised value, provide notice to the owners ing surface and subsurface interests, except ments must be received, which shall not be of the parcel of land and terminate the parti- with respect to a subsurface interest that less than 60 days after the date that the no- tion process. has been severed from the surface interest, tice is mailed or published under paragraph ‘‘(I) DECISION NOT TO SELL.—If the required in which case this subsection shall apply (2); and owners do not consent to the partition by only to the surface interest) which the Sec- ‘‘(VIII) the address for requesting copies of sale of the parcel of land, in accordance with retary has determined, pursuant to para- the preliminary appraisal and for submitting paragraph (2)(C), by a date established by the graph (2)(B), to be parcels of highly written comments. Secretary, the Secretary shall provide each fractionated Indian land. ‘‘(ii) MANNER OF SERVICE.— Indian tribe with jurisdiction over the sub- ‘‘(2) REQUIREMENTS.—Subject to section 223 ‘‘(I) SERVICE BY MAIL.—The Secretary shall ject land and each owner notice of that fact. of this Act, but notwithstanding any other attempt to provide all owners of interests in ‘‘(3) ENFORCEMENT.— provision of law, the Secretary shall ensure the subject parcel with actual notice of the ‘‘(A) IN GENERAL.—If a partition is ap- that each partition action meets the fol- partition proceeding by mailing a copy of the proved under this subsection and an owner of lowing requirements: written notice described in clause (i) by first an interest in the parcel of land refuses to ‘‘(A) REQUEST.—The Secretary shall com- class mail to each such owner at the owner’s surrender possession in accordance with the mence a process for partitioning a parcel of last known address. In the event the written partition decision, or refuses to execute any

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12539 conveyance necessary to implement the par- retary pursuant to this section and in ac- ering all trust or restricted interests in such tition, then any affected owner or the United cordance with regulations adopted pursuant parcel have been submitted to and approved States may— to subsection (l). by the Secretary pursuant to subsection (d); ‘‘(i) commence a civil action in the United ‘‘(e) VALIDITY OF LEASES.—A lease of trust ‘‘(B) may be leased without approval of the States district court for the district in which or restricted interests in a parcel of land Secretary pursuant to, and in a manner that the parcel of land is located; and that is owner-managed under this section is consistent with the requirements of, this ‘‘(ii) request that the court issue an appro- that violates any requirement or limitation section; and priate order for the partition of the land in set forth in subsection (c) shall be null and ‘‘(C) no revocation has occurred under sub- kind or by sale. void and unenforceable against the owners of section (h)(2). such interests, or against the land, the inter- ‘‘(B) FEDERAL ROLE.—With respect to any ‘‘(j) SECRETARIAL APPROVAL OF OTHER est or the United States. civil action brought under subparagraph TRANSACTIONS.—Except with respect to the ‘‘(f) LEASE REVENUES.—The Secretary shall (A)— specific lease transactions described in para- not be responsible for the collection of, or ‘‘(i) the United States— graphs (1) and (2) of subsection (c), interests ‘‘(I) shall receive notice of the civil action; accounting for, any lease revenues accruing to any interests subject to this section while held in owner-managed status under the pro- and visions of this section shall continue to be ‘‘(II) may be a party to the civil action; such interest is in owner-management status under the provisions of this section. subject to all Federal laws requiring the Sec- and ‘‘(g) JURISDICTION.— retary to approve transactions involving ‘‘(ii) the civil action shall not be dismissed, ‘‘(1) JURISDICTION UNAFFECTED BY STATUS.— trust or restricted land that would otherwise and no relief requested shall be denied, on The Indian tribe with jurisdiction over an in- apply to such interests. the ground that the civil action is 1 against terest in trust or restricted land that be- ‘‘(k) EFFECT OF SECTION.—Subject to sub- the United States or that the United States comes owner-managed in accordance with sections (c), (f), and (h), nothing in this sec- is an indispensable party. this section shall continue to have jurisdiction limits or otherwise affects any author- ‘‘(4) REGULATIONS.—The Secretary is au- tion over the interest in trust or restricted ity or responsibility of the Secretary with thorized to adopt such regulations as may be land to the same extent and in all respects respect to an interest in trust or restricted necessary to implement the provisions of the tribe had prior to the interest acquiring land. this subsection.’’. owner managed status. ‘‘(l) REGULATIONS.—The Secretary shall SEC. 5. OWNER-MANAGED INTERESTS. ‘‘(2) PERSONS USING LAND.—Any person promulgate such regulations as are nec- The Indian Land Consolidation Act (25 holding, leasing, or otherwise using such in- essary to carry out this section.’’. U.S.C. 2201 et seq.) is amended by adding at terest in land shall be considered to consent SEC. 6. ADDITIONAL AMENDMENTS. the end the following: to the jurisdiction of the Indian tribe with ‘‘SEC. 221. OWNER-MANAGED INTERESTS. jurisdiction over the interest, including such (a) IN GENERAL.—The Indian Land Consoli- ‘‘(a) PURPOSE.—The purpose of this section tribe’s laws and regulations, if any, relating dation Act (25 U.S.C. 2201 et seq.) is amend- is to provide a means for the co-owners of to the use, and any effects associated with ed— trust or restricted interests in a parcel of the use, of the interest. (1) in the second sentence of section 205(a) land to enter into surface leases of such par- ‘‘(h) CONTINUATION OF OWNER-MANAGED (25 U.S.C. 2204(a)), by striking ‘‘over 50 per cel without approval of the Secretary. STATUS; REVOCATION.— centum of the undivided interests’’ and in- ‘‘(b) MINERAL INTERESTS.—Nothing in this ‘‘(1) IN GENERAL.—Subject to the provisions serting ‘‘undivided interests equal to at least section shall be construed to limit or other- of paragraph (2), after the applications of the 50 percent of the undivided interest’’; wise affect the application of any Federal owners of all of the trust or restricted inter- ‘‘(2) in section 205 (25 U.S.C. 2204), by add- law requiring the Secretary to approve min- ests in a parcel of land have been approved ing subsection (c) as follows: eral leases or other agreements for the devel- by the Secretary pursuant to subsection (d), ‘‘(c) PURCHASE OPTION AT PROBATE.— opment of the mineral interest in trust or re- each such interest shall continue in owner- ‘‘(1) IN GENERAL.—Subject to section stricted land. managed status under this section notwith- 207(b)(2)(A) of this Act (25 U.S.C. ‘‘(c) OWNER MANAGEMENT.— standing any subsequent conveyance of the 2206(b)(2)(A)), interests in a parcel of trust or ‘‘(1) IN GENERAL.—Notwithstanding any interest in trust or restricted status to an- restricted land in the decedent’s estate may provision of Federal law requiring the Sec- other person or the subsequent descent of be purchased at probate in accordance with retary to approve individual Indian leases or the interest in trust or restricted status by the provisions of this subsection. mortgages of individual Indian trust or re- testate or intestate succession to 1 or more ‘‘(2) SALE OF INTEREST AT MINIMUM FAIR stricted land, where the owners of all of the heirs. MARKET VALUE.—Subject to paragraph (3), undivided trust or restricted interests in a ‘‘(2) REVOCATION.—Owner-managed status the Secretary is authorized to sell trust or parcel of land have submitted applications to of an interest may be revoked upon written restricted interests subject to this sub- the Secretary pursuant to subsection (a), and request of owners (including the parents or section at no less than fair market value to the Secretary has approved such applications legal guardians of minors or incompetent the highest bidder from among the following under subsection (d), such owners may, with- owners) of all trust or restricted interests in eligible bidders: out further approval by the Secretary, do ei- the parcel, submitted to the Secretary in ac- ‘‘(A) The heirs taking by intestate succes- ther of the following with respect to their in- cordance with regulations adopted under sion or the devisees listed in section terest in such parcel: subsection (l). The revocation shall become 207(a)(1)(A). ‘‘(A) Enter into a lease of the parcel for effective as of the date on which the last of ‘‘(B) All persons who own undivided trust any purpose authorized by section 1 of the all such requests have been delivered to the or restricted interests in the same parcel of Act of August 9, 1955 (25 U.S.C. 415(a)), for an Secretary. land involved in the probate proceeding. initial term not to exceed 25 years. ‘‘(3) EFFECT OF REVOCATION.—Revocation of ‘‘(C) The Indian tribe with jurisdiction ‘‘(B) Renew any lease described in para- owner-managed status under paragraph (2) over the interest, or the Secretary on behalf graph (1) for 1 renewal term not to exceed 25 shall not affect the validity of any lease of such Indian tribe. years. made in accordance with the provisions of ‘‘(3) REQUEST FOR AUCTION.—No auction and ‘‘(2) RULE OF CONSTRUCTION.—No such lease this section prior to the effective date of the sale of an interest in probate shall occur or renewal of a lease shall be effective until revocation, provided that, after such revoca- under this subsection unless— the owners of all undivided trust or re- tion becomes effective, the Secretary shall ‘‘(A) except as provided in paragraph (6), stricted interests in the parcel have executed be responsible for the collection of, and ac- the heirs or devises of such interest consent such lease or renewal. counting for, all future lease revenues accru- to the sale; and ‘‘(d) APPROVAL OF APPLICATIONS FOR OWNER ing to the trust or restricted interests in the ‘‘(B) a person or the Indian tribe eligible to MANAGEMENT.— parcel from and after such effective date. bid on the interest under paragraph (2) sub- ‘‘(1) IN GENERAL.—Subject to the provisions ‘‘(i) DEFINED TERMS.— mits a request for the auction prior to the of paragraph (2), the Secretary shall approve ‘‘(1) For purposes of subsection (d)(1), the distribution of the interest to heirs or devi- an application for owner management sub- term ‘qualified applicant’ means— sees of the decedent and in accordance with mitted by a qualified applicant pursuant to ‘‘(A) a person over the age of 18 who owns any regulations of the Secretary. this section unless the Secretary has reason a trust or restricted interest in a parcel of ‘‘(4) APPRAISAL AND NOTICE.—Prior to the to believe that the applicant is submitting land; and sale of an interest pursuant to this sub- the application as the result of fraud or ‘‘(B) the parent or legal guardian of a section, the Secretary shall— undue influence. minor or incompetent person who owns a (A) appraise the interest; and ‘‘(2) COMMENCEMENT OF OWNER-MANAGEMENT trust or restricted interest in a parcel of (B) publish notice of the time and place of STATUS.—Notwithstanding the approval of 1 land. the auction (or the time and place for sub- or more applications pursuant to paragraph ‘‘(2) For purposes of this section, the term mitting sealed bids), a description, and the (1), no interest in a parcel of trust or re- ‘owner-managed status’ means, with respect appraised value, of the interest to be sold. stricted land shall have owner-management to a trust or restricted interest, that the in- ‘‘(5) RIGHTS OF SURVIVING SPOUSE.—Nothing status until applications for all of the trust terest— in this subsection shall be construed to di- or restricted interests in such parcel have ‘‘(A) is a trust or restricted interest in a minish or otherwise affect the rights of a been submitted and approved by the Sec- parcel of land for which applications cov- surviving spouse under section 207(b)(2)(A).

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‘‘(6) HIGHLY FRACTIONATED INDIAN LANDS.— sition by the Indian tribe of an interest in a less the interest is subject to a foreclosure of Notwithstanding paragraph (3)(A), the con- family farm involved shall be recorded as a mortgage in accordance with the Act of sent of an heir shall not be required for the part of the deed relating to the interest in- March 29, 1956 (25 U.S.C. 483a)’’; and auction and sale of an interest at probate volved. (ii) in paragraph (3), by striking ‘‘10 per- under this subsection if— ‘‘(iii) MORTGAGE AND FORECLOSURE.—Noth- cent or more of the undivided interests’’ and ‘‘(A) the interest is passing by intestate ing in clause (i)(II) prevents or limits the inserting ‘‘an undivided interest’’; succession; and ability of an owner of land to which that (7) in section 214 (25 U.S.C. 2213), by strik- ‘‘(B) prior to the auction the Secretary de- clause applies to mortgage the land or limit ing subsection (b) and inserting the fol- termines that the interest involved is an in- the right of the entity holding such a mort- lowing: terest in a parcel of highly fractionated In- gage to foreclose or otherwise enforce such a ‘‘(b) APPLICATION OF REVENUE FROM AC- mortgage agreement in accordance with ap- dian land. QUIRED INTERESTS TO LAND CONSOLIDATION plicable law. ‘‘(7) REGULATIONS.—The Secretary shall PROGRAM.— ‘‘(iv) DEFINITION OF ‘MEMBER OF THE FAM- promulgate regulations to implement the ‘‘(1) IN GENERAL.—The Secretary shall have provisions of this subsection.’’; ILY’.—In this paragraph, the term ‘member a lien on any revenue accruing to an interest (3) in section 206 (25 U.S.C. 2205)— of the family’, with respect to a decedent or described in subsection (a) until the Sec- landowner, means— (A) in subsection (a), by striking paragraph retary provides for the removal of the lien ‘‘(I) a lineal descendant of a decedent or (3) and inserting the following: under paragraph (3), (4), or (5). landowner; ‘‘(3) TRIBAL PROBATE CODES.—Except as ‘‘(2) REQUIREMENTS.— ‘‘(II) a lineal descendant of the grand- provided in any applicable Federal law, the ‘‘(A) IN GENERAL.—Until the Secretary re- parent of a decedent or landowner; Secretary shall not approve a tribal probate moves a lien from an interest in land under ‘‘(III) the spouse of a descendant or land- code, or an amendment to such a code, that paragraph (1)— owner described in subclause (I) or (II); and prohibits the devise of an interest in trust or ‘‘(i) any lease, resource sale contract, ‘‘(IV) the spouse of a decedent or land- restricted land by— right-of-way, or other document evidencing a owner.’’; ‘‘(A) an Indian lineal descendant of the transaction affecting the interest shall con- (4) in subparagraph (B), by striking ‘‘sub- original allottee; or tain a clause providing that all revenue de- ‘‘(B) an Indian who is not a member of the paragraph (A)’’ and all that follows through ‘‘207(a)(6)(B) of this title’’ and inserting rived from the interest shall be paid to the Indian tribe with jurisdiction over such an Secretary; and interest; ‘‘paragraph (1)’’; (5) in section 207 (25 U.S.C. 2206), subsection ‘‘(ii) any revenue derived from any interest unless the code provides for— (g)(5), by striking ‘‘this section’’ and insert- acquired by the Secretary in accordance ‘‘(i) the renouncing of interests to eligible ing ‘‘subsections (a) and (b)’’; with section 213 shall be deposited in the devisees in accordance with the code; (6) in section 213 (25 U.S.C. 2212)— fund created under section 216. ‘‘(ii) the opportunity for a devisee who is (A) by striking the section heading and in- ‘‘(B) APPROVAL OF TRANSACTIONS.—Not- the spouse or lineal descendant of a testator serting the following: withstanding section 16 of the Act of June 18, to reserve a life estate without regard to 1934 (commonly known as the ‘Indian Reor- ‘‘SEC. 2212. FRACTIONAL INTEREST ACQUISITION waste; and PROGRAM.’’; ganization Act’) (25 U.S.C. 476), or any other ‘‘(iii) payment of fair market value in the (B) in subsection (a)— provision of law, until the Secretary removes manner prescribed under subsection (c)(2).’’; (i) by striking ‘‘(2) AUTHORITY OF SEC- a lien from an interest in land under para- and RETARY.—’’ and all that follows through ‘‘the graph (1), the Secretary may approve a (B) in subsection (c)— Secretary shall submit’’ and inserting the transaction covered under this section on be- (i) in paragraph (1)— following: half of an Indian tribe. (I) by striking the paragraph heading and ‘‘(2) AUTHORITY OF SECRETARY.—The Sec- ‘‘(3) REMOVAL OF LIENS AFTER FINDINGS.— inserting the following: retary shall submit’’; and The Secretary may remove a lien referred to ‘‘(1) AUTHORITY.— (ii) by striking ‘‘whether the program to in paragraph (1) if the Secretary makes a ‘‘(A) IN GENERAL.—’’; acquire fractional interests should be ex- finding that— (II) in the first sentence of subparagraph tended or altered to make resources’’ and in- ‘‘(A) the costs of administering the inter- (A) (as redesignated by clause (i)), by strik- serting ‘‘how the fractional interest acquisi- est from which revenue accrues under the ing ‘‘section 207(a)(6)(A) of this title’’ and in- tion program should be enhanced to increase lien will equal or exceed the projected reve- serting ‘‘section 207(a)(2)(A)(ii) of this title’’; the resources made’’; nues for the parcel of land involved; and (C) in subsection (b), by striking paragraph ‘‘(B) in the discretion of the Secretary, it (III) by striking the last sentence and in- (4) and inserting the following: will take an unreasonable period of time for serting the following: ‘‘(4) shall minimize the administrative the parcel of land to generate revenue that ‘‘(B) TRANSFER.—The Secretary shall costs associated with the land acquisition equals the purchase price paid for the inter- transfer payments received under subpara- program through the use of policies and pro- est; or graph (A) to any person or persons who cedures designed to accommodate the vol- ‘‘(C) a subsequent decrease in the value of would have received an interest in land if the untary sale of interests under the pilot pro- land or commodities associated with the par- interest had not been acquired by the Indian gram under this section, notwithstanding cel of land make it likely that the interest tribe in accordance with this paragraph.’’; the existence of any otherwise applicable will be unable to generate revenue that and policy, procedure, or regulation, through the equals the purchase price paid for the inter- (ii) in paragraph (2)— elimination of duplicate— est in a reasonable time. (I) in subparagraph (A)— ‘‘(A) conveyance documents; ‘‘(4) REMOVAL OF LIENS UPON PAYMENT INTO (aa) by striking the subparagraph heading ‘‘(B) administrative proceedings; and THE ACQUISITION FUND.—The Secretary shall and all that follows through ‘‘Paragraph (1) ‘‘(C) transactions.’’. remove a lien referred to in paragraph (1) shall not apply’’ and inserting the following: (D) in subsection (c)— upon payment of an amount equal to the ‘‘(A) INAPPLICABILITY TO CERTAIN INTER- (i) in paragraph (1)— purchase price of that interest in land into ESTS.— (I) in subparagraph (A), by striking ‘‘at the Acquisition Fund created under section ‘‘(i) IN GENERAL.—Paragraph (1) shall not least 5 percent of the’’ and inserting in its 2215 of this title, except where the tribe with apply’’; place ‘‘an’’; jurisdiction over such interest in land au- (bb) in clause (i) (as redesignated by item (II) in subparagraph (A), by inserting ‘‘in thorizes the Secretary to continue the lien (aa)), by striking ‘‘if, while’’ and inserting such parcel’’ following ‘‘the Secretary shall in order to generate additional acquisition the following: ‘‘if— convey an interest’’; funds. ‘‘(I) while’’; (III) in subparagraph (A), by striking ‘‘(5) OTHER REMOVAL OF LIENS.—In accord- (cc) by striking the period at the end and ‘‘landowner upon payment’’ and all that fol- ance with regulations to be promulgated by inserting ‘‘; or’’; and lows and inserting the following: ‘‘land- the Secretary, and in consultation with trib- (dd) by adding at the end the following: owner— al governments and other entities described ‘‘(II)— ‘‘(i) on payment by the Indian landowner of in section 213(b)(3), the Secretary shall peri- ‘‘(aa) the interest is part of a family farm the amount paid for the interest by the Sec- odically remove liens referred to in para- that is devised to a member of the family of retary; or graph (1) from interests in land acquired by the decedent; and ‘‘(ii) if— the Secretary.’’; ‘‘(bb) the devisee agrees that the Indian ‘‘(I) the Indian referred to in this subpara- (8) in section 216 (25 U.S.C. 2215)— tribe with jurisdiction over the land will graph provides assurances that the purchase (A) in subsection (a), by striking paragraph have the opportunity to acquire the interest price will be paid by pledging revenue from (2) and inserting the following: for fair market value if the interest is of- any source, including trust resources; and ‘‘(2) collect all revenues received from the fered for sale to an entity that is not a mem- ‘‘(II) the Secretary determines that the lease, permit, or sale of resources from inter- ber of the family of the owner of the land. purchase price will be paid in a timely and ests acquired under section 213 or paid by In- ‘‘(ii) RECORDING OF INTEREST.—On request efficient manner.’’; and dian landowners under section 213.’’; and by an Indian tribe described in clause (IV) in subparagraph (B), by inserting be- (B) in subsection (b)— (i)(II)(bb), a restriction relating to the acqui- fore the period at the end the following: ‘‘un- (i) in paragraph (1)—

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12541 (I) in the matter preceding subparagraph (10) in section 219(b)(1)(A) (25 U.S.C. (25 U.S.C. 2206) is amended by striking para- (A), by striking ‘‘Subject to paragraph (2), 2218(b)(1)(A)), by striking ‘‘100’’ and inserting graph (1) and inserting the following— all’’ and inserting ‘‘All’’; ‘‘90’’. ‘‘(1) IN GENERAL.— (II) in subparagraph (A), by striking ‘‘and’’ (b) DEFINITIONS.—Section 202 of the Indian ‘‘(A) The activities conducted under this at the end; Land Consolidation Act (25 U.S.C. 2201) is subsection shall be conducted in accordance (III) in subparagraph (B), by striking the amended— with any applicable— period at the end and inserting ‘‘; and’’; and (1) by striking paragraph (2) and inserting ‘‘(i) tribal probate code; or (IV) by adding at the end the following: the following: ‘‘(ii) tribal land consolidation plan. ‘‘(C) be used to acquire undivided interests ‘‘(2) ‘Indian’ means— ‘‘(B) The Secretary shall provide estate on the reservation from which the income ‘‘(A) any person who is a member of any planning assistance in accordance with this was derived.’’; and Indian tribe, is eligible to become a member subsection, to the extent amounts are appro- (ii) by striking paragraph (2) and inserting of any Indian tribe, or is an owner (as of the priated for such purpose.’’. the following: date of enactment of the American Indian (2) REQUIREMENTS.—Section 207(f) of the In- ‘‘(2) USE OF FUNDS.—The Secretary may use Probate Reform Act of 2003) of an interest in dian Land Consolidation Act (25 U.S.C. the revenue deposited in the Acquisition trust or restricted land; 2206(f)) is amended by striking ‘‘and’’ at the Fund under paragraph (1) to acquire some or ‘‘(B) any person meeting the definition of end of subparagraph (A), redesignating sub- all of the undivided interests in any parcels Indian under the Indian Reorganization Act paragraph (B) as subparagraph (D), and add- of land in accordance with section 205.’’; (25 U.S.C. 479) and the regulations promul- ing the following— (9) in section 217 (25 U.S.C. 2216)— gated thereunder; ‘‘(B) dramatically increase the use of wills (A) in subsection (b)(1) by striking sub- ‘‘(C) any person not included in subpara- and other methods of devise among Indian paragraph (B) and inserting a new subparagraph (A) or (B) who is a lineal descendant landowners; graph (B) as follows— within 3 degrees of a person described in sub- ‘‘(C) substantially reduce the quantity and ‘‘(B) WAIVER OF REQUIREMENT.—The re- paragraph (A); complexity of Indian estates that pass intes- quirement for an estimate of value under ‘‘(D) an owner of a trust or restricted inter- tate through the probate process, while pro- subparagraph (A) may be waived in writing est in a parcel of land for purposes of inher- tecting the rights and interests of Indian by an owner of an interest in trust or re- iting another trust or restricted interest in landowners; and’’; and stricted land either selling, exchanging, or such parcel; and (3) by striking ‘‘(3) CONTRACTS.—’’ and in- conveying by gift deed for no or nominal ‘‘(E) with respect to the ownership, devise, serting the following— consideration such interest— or descent of trust or restricted land in the ‘‘(3) INDIAN CIVIL LEGAL ASSISTANCE ‘‘(i) to an Indian person who is the owner’s State of California, any person who meets GRANTS.—In carrying out this section, the spouse, brother, sister, lineal ancestor, lineal the definition of ‘Indians of California’ con- Secretary shall award grants to nonprofit descendant, or collateral heir; or tained in the first section of the Act of May entities, as defined under section 501(c)(3) of ‘‘(ii) to an Indian co-owner or to a tribe 18, 1928 (25 U.S.C. 651), until otherwise pro- the Internal Revenue Code of 1986, which pro- with jurisdiction over the subject parcel of vided by Congress in accordance with section vide legal assistance services for Indian land, where the grantor owns a fractional in- 809(b) of the Indian Health Care Improve- tribes, individual owners of interests in trust terest that represents 5 percent or less of the ment Act (25 U.S.C. 1679)(b)).’’; and or restricted lands, or Indian organizations parcel.’’. (2) by adding at the end the following: pursuant to Federal poverty guidelines (B) in subsection (e), by striking the mat- ‘‘(6) ‘Parcel of highly fractionated Indian which submit an application to the Sec- ter preceding paragraph (1), and inserting land’ means a parcel of land that the Sec- retary, in such form and manner as the Sec- ‘‘Notwithstanding any other provision of retary, pursuant to authority under a provi- retary may prescribe, for the provision of law, the names and mailing addresses of the sion of this Act, determines to have at the civil legal assistance to such Indian tribes, owners of any interest in trust or restricted time of the determination— individual owners, and Indian organizations lands, and information on the location of the ‘‘(A)(i) 100 or more but less than 200 co- for the development of tribal probate codes, parcel and the percentage of undivided inter- owners of undivided trust or restricted inter- for estate planning services or for other pur- est owned by each individual shall, upon ests; and poses consistent with the services they pro- written request, be made available to—’’; ‘‘(ii) no undivided trust or restricted inter- vide to Indians and Indian tribes.’’; and (C) in subsection (e)(1), by striking ‘‘In- est owned by any 1 person which represents (4) by adding at the end of section 207 (25 dian’’; more than 2 percent of the total undivided U.S.C. 2206) the following: ownership of the parcel; or (D) in subsection (e)(3), by striking ‘‘pro- ‘‘(k) NOTIFICATION TO LANDOWNERS.— ‘‘(B)(i) 200 or more but less than 350 co- spective applicants for the leasing, use, or ‘‘(1) IN GENERAL.—Not later than 2 years consolidation of’’ and insert ‘‘any person owners of undivided trust or restricted inter- after the date of enactment of this Act, the that is leasing, using, or consolidating, or is ests; and Secretary shall provide to each Indian land- applying to lease, use, or consolidate,’’; and ‘‘(ii) no undivided trust or restricted inter- owner a report that lists, with respect to (E) by striking subsection (f) and inserting est owned by any 1 person which represents each tract of trust or restricted land in the following: more than 5 percent of the total undivided which the Indian landowner has an interest— ownership of the parcel; or ‘‘(f) PURCHASE OF LAND BY INDIAN TRIBE.— ‘‘(A) the location of the tract of land in- ‘‘(C) 350 or more co-owners of undivided ‘‘(1) IN GENERAL.—Except as provided in volved; paragraph (2), before the Secretary approves trust or restricted interests. ‘‘(B) the identity of each other co-owner of an application to terminate the trust status ‘‘(7) ‘Person’ means a natural person.’’. interests in the parcel of land; and (c) ISSUANCE OF PATENTS.—Section 5 of the or remove the restrictions on alienation ‘‘(C) the percentage of ownership of each Act of February 8, 1887 (25 U.S.C. 348), is from a parcel of trust or restricted land, the owner of an interest in the tract. amended by striking the second proviso and Indian tribe with jurisdiction over the parcel inserting the following: ‘Provided, That the ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in shall have the opportunity— rules of intestate succession under the In- this subsection shall preclude any individual ‘‘(A) to match any offer contained in the dian Land Consolidation Act (25 U.S.C. 2201 Indian from obtaining from the Secretary, application; or et seq.) (including a tribal probate code ap- upon the request of that individual, any in- ‘‘(B) in a case in which there is no purchase proved under that Act or regulations pro- formation specified in paragraph (1) before price offered, to acquire the interest in the mulgated under that Act) shall apply to that the expiration of the 2-year period specified parcel by paying the fair market value of the land for which patents have been executed in paragraph (1). interest. and delivered:’’. ‘‘(3) REQUIREMENTS FOR NOTIFICATION.— ‘‘(2) EXCEPTION FOR FAMILY FARMS.— (d) TRANSFERS OF RESTRICTED INDIAN Each notification made under paragraph (1) ‘‘(A) IN GENERAL.—Paragraph (1) shall not LAND.—Section 4 of the Act of June 18, 1934 shall include information concerning estate apply to a parcel of trust or restricted land (25 U.S.C. 464), is amended in the first pro- planning and land consolidation options that is part of a family farm that is con- viso by— under the provisions of this Act and other veyed to a member of the family of a land- (1) striking ‘‘, in accordance with’’ and all applicable Federal law, including informa- owner (as defined in section 206(c)(2)(A)(iv)) that follows through ‘‘or in which the sub- tion concerning— if the conveyance requires that in the event ject matter of the corporation is located,’’; ‘‘(A) the preparation and execution of that the interest is offered for sale to an en- (2) striking ‘‘, except as provided by the In- wills; tity that is not a member of the family of dian Land Consolidation Act’’ and all that ‘‘(B) negotiated sales; the landowner, the Indian tribe with juris- follows through the colon; and ‘‘(C) gift deeds; diction over the land shall be afforded the (3) inserting ‘‘in accordance with the In- ‘‘(D) exchanges; and opportunity to purchase the interest pursu- dian Land Consolidation Act (25 U.S.C. 2201 ‘‘(E) life estates without regard to waste. ant to paragraph (1). et seq.) (including a tribal probate code ap- ‘‘(4) PROHIBITION.—No individual Indian ‘‘(B) APPLICABILITY OF OTHER PROVISION.— proved under that Act or regulations pro- may be denied access to information relating Section 206(c)(2)(A) shall apply with respect mulgated under that Act):’’. to land in which that individual has an inter- to the recording and mortgaging of any trust (e) ESTATE PLANNING.— est described in this section on the basis of or restricted land referred to in subpara- (1) CONDUCT OF ACTIVITIES.—Section section 552a of title 5, United States Code graph (A).’’; and 207(f)(1) of the Indian Land Consolidation Act (commonly referred to as the ‘Privacy Act’).

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12542 CONGRESSIONAL RECORD — SENATE October 14, 2003

‘‘(l) PRIVATE AND FAMILY TRUSTS PILOT sion of interest in the trust or restricted in- 60 days after the notice is mailed or pub- PROJECT.— terest as set forth in subsection (b); lished. ‘‘(1) DEVELOPMENT PILOT PROJECT.— ‘‘(2) the person owning the trust or re- ‘‘(E) A statement that in the event the ‘‘(A) The Secretary shall consult with stricted interest was, at all times during the owner fails to respond and the notice and the tribes, individual landowner organizations, 6-year period described in paragraph (1), over property is sold, the proceeds of such sale Indian advocacy organizations, and other in- the age of 18; and and any funds in any associated individual terested parties to— ‘‘(3) as of the expiration of the 6-year pe- Indian money account will be deposited in an ‘‘(i) develop a pilot project for the creation riod described in paragraph (1), such parcel unclaimed property account. and management of private and family was a parcel of highly fractionated Indian ‘‘(4) SEARCH FOR WHEREABOUTS OF OWNER.— trusts for interests in trust or restricted land. If the notice described in paragraph (3) is re- lands; and ‘‘(b) INDICATORS OF OWNER INTEREST.—For turned undelivered, the Secretary shall at- ‘‘(ii) develop proposed rules, regulations, purposes of subsection (a), an indication or tempt to locate the owner by— and guidelines to implement the pilot expression of an owner’s interest in the prop- ‘‘(A) searching publicly available records project. erty shall mean the owner or any person act- and Federal records, including telephone and ‘‘(B) The pilot project shall commence on ing on behalf of the owner— address directories and using electronic the date of enactment of the American In- ‘‘(1) making a deposit to, withdrawal from, search methods; dian Probate Reform Act of 2003 and shall or inquiry into an individual Indian money ‘‘(B) inquiring with— continue for 3 years after the date of enact- account associated with such interest; ‘‘(i) the owner’s relatives, if any are ment of this subsection. ‘‘(2) negotiating a Treasury check derived known; ‘‘(2) CHARACTERISTICS OF PRIVATE AND FAM- from such interest or account; ‘‘(ii) any Indian tribe of which the owner is ILY TRUSTS.—For purposes of this subsection ‘‘(3) providing the Secretary with a valid a member; and and any proposed rules, regulations, or address; or ‘‘(iii) the Indian tribe, if any, with jurisdic- guidelines developed under this subsection— ‘‘(4) communicating with the Secretary re- tion over the interest; and ‘‘(A) the terms ‘private trust’ and ‘family garding such interest or account. ‘‘(C) if the value of the interest and any trust’ shall both mean trusts created pursu- ‘‘(c) RELATED PROPERTY.—At the time that funds in an associated individual Indian ant to this subsection for the management property is presumed to be abandoned under money account exceeds $1,000, engaging an and administration of interests in trust or this section, any other property right ac- independent search firm to perform a miss- restricted land, held by 1 or more persons, crued or accruing to the owner as a result of ing person search. the interest, including funds in an associated which comprise the corpus of a trust, by a ‘‘(5) NOTICE BY PUBLICATION.—In the event private trustee subject to the approval of the individual Indian money account, that has that the Secretary is unable to locate the not previously been presumed abandoned Secretary; owner pursuant to paragraph (4), the Sec- under this section, also shall be presumed ‘‘(B) private and family trusts shall be cre- retary shall publish a notice not later than abandoned. ated and managed in furtherance of the pur- November 30 following the fiscal year in ‘‘(d) ANNUAL LIST OF PROPERTY; NOTICE TO poses of the Indian Land Consolidation Act which the property was presumed to be aban- OWNERS.—No later than the first day of No- (25 U.S.C. 2201 et seq.); and vember of each year, the Secretary shall pre- doned under this section. The notice shall in- ‘‘(C) private and family trusts shall not be pare and distribute a list of names of persons clude the same information required for the construed to impair, impede, replace, abro- owning property presumed abandoned under notice described in paragraph (3) and shall gate, or modify in any respect the trust du- this section during the preceding fiscal year be— ties or responsibilities of the Secretary, nor and provide notice to such persons in accord- ‘‘(A) published in a newspaper of general shall anything in this subsection or in any ance with the following requirements: circulation on or near the apparent owner’s rules, regulations, or guidelines developed ‘‘(1) CONTENTS OF ANNUAL LIST.—The list home reservation and near the last known under this subsection enable any private or shall set forth— address of the owner; and family trustee of interests in trust or re- ‘‘(A) the names of all persons owning inter- ‘‘(B) in a form that is likely to attract the stricted lands to exercise any powers over ests in land and property presumed to be attention of the apparent owner of the prop- such interests greater than that held by the abandoned under this section; erty. Secretary with respect to such interests. ‘‘(B) with respect to each person named on ‘‘(e) CONVERSION OF ABANDONED INTER- ‘‘(3) REPORT TO CONGRESS.—Prior to the ex- the list, the reservation, if any, and the ESTS.—If, after 2 years from the date the no- piration of the pilot project provided for county and State in which the person’s in- tice is published under subsection (d)(3), any under this subsection, the Secretary shall terest in land is located; such real property or interest therein re- submit a report to Congress stating— ‘‘(C) the reservation, if any, the city or mains unclaimed, the Secretary shall ap- ‘‘(A) a description of the Secretary’s con- town, county and State of the person’s last praise such property in a manner consistent sultation with Indian tribes, individual land- known address; and with section 215 of the Indian Land Consoli- owner associations, Indian advocacy organi- ‘‘(D) the name, address, and telephone dation Act (25 U.S.C. 2214) and shall purchase zations, and other parties consulted with re- number of the official or officials within the the property at its appraised value, or sell garding the development of rules, regula- Department of the Interior to contact for the property to an Indian tribe with jurisdic- tions, and/or guidelines for the creation and purposes of identifying persons or lands in- tion over such property or a person who owns management of private and family trusts cluded on the list. an undivided trust or restricted interest in over interests in trust and restricted lands; ‘‘(2) DISTRIBUTION OF LIST.—The list shall such property, by competitive bid for not ‘‘(B) the feasibility of accurately tracking be distributed to all regional offices and less than the appraised value. The Secretary such private and family trusts; agencies of the Bureau of Indian Affairs and shall then transfer any monetary interest ‘‘(C) the impact that private and family to all reservations where land described on that the Secretary holds for the previous ap- trusts would have with respect to the accom- this list is located and shall cause the list to parent owner to the unclaimed property ac- plishment of the goals of the Indian Land be published in the Federal Register within count described in subsection (f). Consolidation Act (25 U.S.C. 2201 et seq.); and 15 days after the list is prepared. ‘‘(f) UNCLAIMED PROPERTY ACCOUNT.— ‘‘(D) a final recommendation regarding ‘‘(3) NOTICE BY MAIL.—In addition to pub- ‘‘(1) Except as otherwise provided by this whether to adopt the creation of a perma- lishing and distributing the list described in section, the Secretary shall promptly deposit nent private and family trust program as a paragraph (1), the Secretary shall attempt to in a special unclaimed property account all management and consolidation measure for provide the persons owning such trust or re- funds received under this section. The Sec- interests in trust or restricted lands.’’. stricted interests with actual written notice retary shall pay all claims under subsection SEC. 7. UNCLAIMED AND ABANDONED PROP- that the interest and any associated funds or (g) from this account. The Secretary shall ERTY. property is presumed abandoned under the record the name and last known address of The Indian Land Consolidation Act (25 provisions of this section. Such notice shall each person appearing to be entitled to the U.S.C. 2201 et seq.) (as amended by section 5) be sent by first class mail to the owner at property. is amended by adding at the end the fol- the owner’s last known address and shall in- ‘‘(2) The Secretary is authorized to use in- lowing: clude the following: terest earned on the special unclaimed prop- ‘‘SEC. 222. UNCLAIMED AND ABANDONED PROP- ‘‘(A) A legal description of the parcel of erty account to pay— ERTY. which the interest is a part. ‘‘(A) the administrative costs of conversion ‘‘(a) INTERESTS PRESUMED ABANDONED.—An ‘‘(B) A description of the owner’s interest. of real property under subsection (g); and undivided trust or restricted interest in a ‘‘(C) A statement that the owner has not ‘‘(B) costs of mailing and publication in parcel of land owned by a person shall be pre- indicated or expressed an interest in the connection with abandoned property. sumed abandoned and subject to the provi- trust or restricted interest for a period of 6 ‘‘(3) The Secretary shall retain a sufficient sions of this section if the Secretary makes consecutive years and that such interest, balance in the account at all times from a determination that— and any funds in an associated individual In- which to pay claims duly allowed. All other ‘‘(1) a period of 6 consecutive years next dian money account, is presumed abandoned. funds shall be available to the Secretary to preceding such determination has passed ‘‘(D) A statement that the interest will be use for the purposes of land consolidation during which the person owning such inter- appraised and sold for its appraised value un- pursuant to 25 U.S.C. 2212. est has not made any indication or expres- less the owner responds to the notice within ‘‘(g) CLAIMS.—

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12543 ‘‘(1) FILING OF CLAIM.—An individual, or vide actual written notice of the proceedings mittee on Energy and Natural Re- the heirs of an individual, may file a claim to all heirs, including notice of the provi- sources. to recover property or the proceeds of the sions of this subsection and of section 207(n) Mr. DOMENICI. Mr. President, I rise conversion of the property on a form pre- of this Act. Such efforts shall include— today to introduce crucial legislation scribed by the Secretary. ‘‘(1) a search of publicly available records regarding the safety of America’s ‘‘(2) ALLOWANCE OR DENIAL OF CLAIM.—Not and Federal records, including telephone and more than 180 days after a claim is filed, the address directories and including electronic Dams. Ensuring the safety of the Bu- Secretary shall allow or deny the claim and search methods; reau of Reclamation’s dams must be a give written notice of the decision to the ‘‘(2) an inquiry with family members and national priority. One of the surest claimant. If the claim is denied, the Sec- co-heirs of the property; ways to protect the integrity of this retary shall inform the claimant of the rea- ‘‘(3) an inquiry with the tribal government existing infrastructure is to ensure sons for the denial and specify what addi- of which the owner is a member, and the that adequate funding is accessible to tional evidence is required before the claim tribal government with jurisdiction over the properly maintain and rehabilitate will be allowed. The claimant may then file property, if any; and a new claim with the Secretary or maintain ‘‘(4) if the property is of a value greater these great structures. an action under this subsection. than $1,000, an independent firm shall be con- The Bureau of Reclamation has exist- ‘‘(3) PAYMENT OF ALLOWED CLAIM.—Not tracted to conduct a missing persons search. ing authority that would allow them to more than 60 days after a claim is allowed, ‘‘(n) MISSING HEIRS.— expend approximately $974 million dol- the property or the net proceeds of the con- ‘‘(1) For purposes of this subsection and lars on Safety of Dam Projects; but version of the property shall be delivered or subsection (m), an heir will be presumed only $109 million dollars of this author- paid by the Secretary to the claimant, to- missing if his whereabouts remain unknown ization remains uncommitted. By the gether with any interest, or other increment 60 days after completion of notice efforts end of fiscal year 2002, over 61 dam to which the claimant is entitled under this under subsection (m) and they have had no modifications had been completed section. contact with other heirs or the Department under existing authority. Over the next ‘‘(4) JUDICIAL REVIEW.—An individual ag- for 6 years prior to a hearing or decision to grieved by a decision of the Secretary under ascertain heirs. several years, at least 46 projects have this subsection or whose claim has not been ‘‘(2) Before the date for declaring an heir been identified as critical. Unfortu- acted upon within 180 days may, after ex- missing, any person may request an exten- nately, these projects alone represent hausting administrative remedies, seek— sion of time to locate an heir. An extension an additional authorization need of ‘‘(A) judicial review or other appropriate may be granted for good cause. close to $540 million. Thus, a huge gap relief against the Secretary in a United ‘‘(3) An heir shall be declared missing only exists and it is something we must cor- States district court, which may include an after a review of the efforts made and a find- rect. The bill that I am introducing order quieting beneficial title in the name of ing that this section has been complied with. petitioner whose property was sold by the ‘‘(4) A missing heir shall be presumed to today, would raise the current ceiling Secretary in violation of this section; and have predeceased the decedent for purposes on the Safety of Dams Program to ‘‘(B) recover reasonable attorneys fees if he of descent and devise.’’. meet the additional $540 million needed is the prevailing party. SEC. 9. ANNUAL NOTICE AND FILING REQUIRE- and by so doing to meet the needs al- ‘‘(h) VOLUNTARY ABANDONMENT.—Any per- MENT FOR OWNERS OF INTERESTS ready identified by Reclamation in 11 son who is an owner of an interest subject to IN TRUST OR RESTRICTED LANDS. of the 17 Reclamation States. this section may, with the Secretary’s ap- The Indian Land Consolidation Act (25 Let me take a few moments to high- proval, voluntarily abandon that interest to U.S.C. 2201 et seq.) (as amended by section 7) light exactly what it is I am talking is amended by adding at the end the fol- the benefit of the tribe with jurisdiction over about. The United States Bureau of the parcel of land or a co-owner of a trust or lowing: restricted interest in the same parcel of land ‘‘SEC. 222. ANNUAL NOTICE AND FILING; CUR- Reclamation currently has reservoirs in accordance with regulations adopted pur- RENT WHEREABOUTS OF INTEREST impounded by 457 dams and dikes. Of suant to subsection (j). OWNERS. these structures, 362 dams and dikes ‘‘(i) TRANSFER OF ABANDONED INTERESTS IN ‘‘(a) IN GENERAL.—On an annual basis, the would likely cause loss of life if they LAND.— Secretary shall send a notice, response form, were to fail. These 362 structures, lo- ‘‘(1) Any interest in land acquired under and a change of name and address form to cated at 252 different project facilities, subsection (e) or (h) over which an Indian each owner of an interest in trust or restricted land. The notice shall inform owners form the core of Reclamation’s Dam tribe has jurisdiction shall be held in trust Safety Program. by the Secretary for the benefit of that tribe, of their interest and obligation to provide provided that the tribe may decline any such the Secretary with a notice of any change in Approximately 50 percent of Rec- property in its discretion, and provided that their name or address immediately upon lamation’s dams were built between if the tribe declines or does not currently such change. The response form should in- 1900 and 1950. Additionally, an esti- own any interest within that parcel a co- clude a section in which the owner may con- mated 90 percent of the dams were owner with a majority interest shall have firm or update his name and address. The built before currently used state-of- the first right of purchase of the property at change of name and address form may be the-art design and construction prac- the appraised price. used by the owner at any time when his tices. A strong dam safety program name or address changes subsequent to his ‘‘(2) Any interest in real property acquired must be maintained to identify poten- under subsection (e) or (h) that is not subject annual filing of the response form. to the jurisdiction of an Indian tribe shall be ‘‘(b) OWNER RESPONSE.—The owner of an tial adverse performance within Rec- held in trust by the Secretary for all of the interest in trust or restricted land shall file lamation’s inventory of aging dams other co-owners of undivided trust or re- the response form upon receipt to confirm or and to carry out corrective actions ex- stricted interests in the parcel in proportion update his name and address on an annual peditiously when unreasonable public to their respective interests in the property, basis. risk is identified. provided that any owner may decline to ac- ‘‘(c) NO RESPONSE; INITIATION OF SEARCH.— I plan to take action on this measure cept such interest, in which case that inter- In the event that an owner does not file the during this Congress and I urge my col- est shall be allocated proportionately among response form or provide the Secretary with a confirmation or update of his name and ad- leagues to join with me in ensuring the such other co-owners who do not decline. safety and reliability of these dams. I ‘‘(3) The Indian tribe or other subsequent dress through other means, the Secretary owner described in paragraph (2) takes such shall initiate a search in order to ascertain ask unanimous consent that the text of interest free of all claims by the owner who the whereabouts and status of the owner.’’. the bill be printed in the RECORD. abandoned the interest and of all persons SEC. 10. EFFECTIVE DATE. There being no objection, the bill was claiming through or under such owner. The amendments made by this Act shall ordered to be printed in the RECORD, as ‘‘(j) REGULATIONS.—The Secretary is au- not apply to the estate of an individual who follows: thorized to adopt such regulations as may be dies before the later of— S. 1727 (1) the date that is 1 year after the date of necessary to implement the provisions of Be it enacted by the Senate and House of Rep- enactment of this Act; or this section.’’. resentatives of the United States of America in (2) the date specified in section 207(g)(5) of SEC. 8. MISSING HEIRS. Congress assembled, Section 207 of the Indian Land Consolida- the Indian Land Consolidation Act (25 U.S.C. 2206(g)(5)). SECTION 1. ADDITIONAL AUTHORIZATION OF AP- tion Act (25 U.S.C. 2206) is amended by add- PROPRIATIONS FOR THE RECLAMA- ing the following: TION SAFETY OF DAMS ACT OF 1978. ‘‘(m) NOTICE.—Prior to holding a hearing By Mr. DOMENICI: (a) REIMBURSEMENT OF CERTAIN MODIFICA- to determine the heirs to trust or restricted S. 1727. A bill to authorize additional TION COSTS.—Section 4(c) of the Reclamation property, or making a decision determining appropriations for the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 508(c)) such heirs, the Secretary shall seek to pro- Safety of Dams Act of 1978; to the Com- is amended by striking ‘‘(c) With respect to’’

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12544 CONGRESSIONAL RECORD — SENATE October 14, 2003 and all that follows through ‘‘2001’’ and in- tion-delivery system. The great suc- tion, AFL–CIO, Cardinal Health, and serting the following: cesses of our health care system are the eHealth Initiative. ‘‘(c) REIMBURSEMENT OF CERTAIN MODIFICA- largely due to our highly committed I ask their letters of support to be in- TION COSTS.—With respect to the additional cluded for the RECORD. With their help, amounts authorized to be appropriated by and talented doctors, nurses, phar- section 5’’. macists, hospitals, nursing homes and this bill will become law and we will be (b) AUTHORIZATION OF APPROPRIATIONS.— other health care providers. The prob- well on our way to improving patient Section 5 of the Reclamation Safety of Dams lem we are addressing today is not safety. Act of 1978 (43 U.S.C. 509) is amended in the theirs, but is a problem with the sys- There being no objection, the mate- first sentence— tem they rely on to provide inpatient rial was ordered to be printed in the (1) by striking ‘‘and effective October 1, care. RECORD, as follows: 2001’’ and inserting ‘‘effective October 1, The Institute of Medicine report that OCTOBER 13, 2003. 2001’’; kicked off much of this discussion 4 Hon. ROBERT GRAHAM, (2) by inserting ‘‘and, effective October 1, U.S. Senate, 2003, not to exceed an additional $540,000,000 years ago tells us that we must address the ‘‘systems problems’’ and design Hon. OLYMPIA SNOWE, (October 1, 2003, price levels),’’ after ‘‘(Octo- U.S. Senate, ber 1, 2001, price levels),’’; and systems that will prevent errors—just (3) by striking ‘‘$750,000’’ and inserting as cars are designed so that drivers Hon. AMO HOUGHTON, House of Representatives, ‘‘$1,250,000 (October 1, 2003, price levels), as cannot start them while in reverse adjusted to reflect any ordinary fluctuations helps prevent automobile accidents. Hon. EARL POMEROY, in construction costs indicated by applicable The systems we want to fund would House of Representatives, engineering cost indexes,’’. Washington, DC. improve the medication-delivery sys- DEAR SENATORS GRAHAM AND SNOWE AND By Mr. GRAHAM of Florida (for tem at many stages. REPRESENTATIVES HOUGHTON AND POMERY: himself and Ms. SNOWE): We leave it up to the hospitals and Long engaged in efforts to improve patient S. 1729. A bill to establish an nursing homes to determine exactly safety, the undersigned organizations strong- informatics grant program for hos- what types of technology would best fit ly support the ‘‘Medication Errors Reduction Act of 2003.’’ This critical legislation would pitals and skilled nursing facilities in their institutions and their needs. The grants could be used to purchase or im- fund efforts to improve our nation’s clinical order to encourage health care pro- safety systems. Since the release of the 1999 viders to make major information prove computer software and hardware, Institute of Medicine report, to Err is Human, technology advances; to the Com- purchase or lease communications ca- we have collectively embraced a more vig- mittee on Finance. pabilities, or provide education and orous commitment to the advancement of Mr. GRAHAM of Florida. Mr. Presi- training staff on computer patient patient safety in our healthcare system. dent, I am very pleased to introduce safety programs. Concern over improving the quality of our the Medication Errors Reduction Act The grants could be used to improve nation’s health care extends far beyond the provider community. The business commu- of 2003 with my friend and colleague patient safety at every stage of the medication delivery process. For exam- nity, consumers, and Labor have an equally Senator OLYMPIA SNOWE. vested interest. While the issues surrounding In recent years we’ve heard much ple, a hospital or nursing home could the improvement of patient safety are nu- about the consequences of medication use the funds to implement 1. elec- merous and complex, we agree that the fa- errors. What we haven’t heard as much tronic prescribing systems that can cilitated deployment of new technologies to about are the root causes for the medi- intercept errors at the time medica- certain providers would be of immense ben- cation errors, or the solutions that are tions are ordered, 2. electronic medical efit. Further, we believe that clinical available to us to reduce errors, save records to alert doctors to possible healthcare informatics systems designed to lives, prevent injuries, and reduce drug interactions and complications re- reduce the incidence of adverse events and lated to the patient’s medical history, complications stemming from medication er- costs. Simply put, our legislation is rors great promise. necessary because as a nation we face a 3. automated pharmacy dispensing to New and evolving technologies like com- serious patient-safety problem. The make sure the nurse receives the cor- puter physician order-entry (CPOE), bedside good news is that we have a solution to rect medication in the correct dosage verification, and automated pharmacy dis- the problem: we have the technological for the correct patient, and 4. bedside pensing could prove particularly beneficial ability to dramatically reduce medica- verification—using bar codes on pa- to many healthcare providers. Still, sizable tion errors and thus save lives. tient wristbands and the medications barriers to acquisition and deployment exist. The bad news is that the start-up to ensure that the right medication is The inability to finance such systems in perhaps the most insurmountable—but the easi- costs and a lack of awareness have to administered to the right patient at est to address, as well. This legislation would this point been preventing us from the right time. permit providers and their patients to reap reaping the benefits of the new tech- We could only have dreamed about the rewards of these critical patient safety nologies. The solution is right in front clinical computerized information sys- improvement technology tools. of us, but has been just out of reach. tems when the Medicare program was Again, we thank you for having introduced The legislation we are introducing implemented. Today, we have them at the ‘‘Medication Errors Reduction Act of today would bring the solution within our disposal. The sooner we get them 2003,’’ and look forward to working with you into our hospitals and nursing homes, toward enactment. our reach. It would address the causes Sincerely, of medication errors—which are sys- the sooner we start saving lives. Premier, Inc.; tems breakdowns—and the solutions— The Medication Errors Reduction Act IBM; use of clinical computerized informa- is supported by the Florida Hospital VHA, Inc.; tion systems that can save lives. Association, National Rural Health As- Vanderbilt University Medical Center; We are here today to lend a helping sociation, National Association of Chil- New York Presbyterian Hospital; hand, not to point a finger. We all dren’s Hospitals, Healthcare Leader- Aetna; share the goal of improving patient ship Council, AFSCME, Federation of McKession Corporation; safety, and our bill will do that in a American Hospitals, Catholic Health Siemens; Association of the United States, Asso- AmerisourceBergen Corporation; very simple, straightforward manner. American Health Packaging; The legislation establishes a voluntary ciation of American Medical Colleges, AutoMed; grant program to encourage hospitals Premier, Inc., the American Society of Choice Systems, Inc.; and skilled nursing facilities to become Heath-System Pharmacists, McKesson Pharmacy Healthcare Solutions; the pioneers of new, life-saving tech- Corporation, IBM, VHA, Inc., Vander- Telepharmacy Solutions; nologies. It does that by assisting with bilt University Medical Center, New National Rural Health Association; the often prohibitive start-up costs as- York Presbyterian Hospital, Aetna, National Association of Children’s Hos- sociated with purchasing and imple- Siemens, AmerisourceBergen Corpora- pitals; tion, American Health Packaging, Verizon; menting information systems—systems Becton Dickenson; that are designed to reduce medication AutoMed, Choice Systems, Inc., Phar- Federation of American Hospitals; errors and improve patient safety. macy Healthcare Solutions, Telephar- American Health Care Association; I want to stress the goal of this legis- macy Solutions, Verizon, Becton Dick- AFL–CIO; lation: to help build a safer medica- inson, American Health Care Associa- Cardinal Health;

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12545 American Society of Health-System As the world’s largest healthcare services Research demonstrates that information Pharmacists; company, McKesson provides automation, technology enhancements, when appro- Healthcare Leadership Council; information systems, and pharmacy services priately implemented, enhance the appro- eHealth Initiative; that enable medication management accu- priate, accurate, and timely distribution of Catholic Health Association of the racy. We have pioneered advances in medica- medications, and improve the quality of pa- United States; tion management technology by providing tient care. Association of American Medical Col- hospitals, retail pharmacies and other clin- The voluntary grant program for which leges; and ical settings with unique robotic pharma- your legislation provides would allow early AFSCME. ceutical dispensing and bedside bar-coding adopters of new technology to meet the high technologies to ensure that the right drug, price tag associated with this technology as PREMIER ADVOCACY, in the appropriate dosage, is administered to well as the necessary and important expense September 12, 2003. the right patient via the right route at the of properly educating and training staff on Hon. ROBERT GRAHAM, right time. In addition, McKesson provides the correct use of the information system. U.S. Senate, computerized physician order systems, phar- ASHP hopes to foster a fail-safe medica- macy information systems, and clinical con- tion process. Your legislation helps move to- Hon. OLYMPIA SNOWE, U.S. Senate, sulting services designed to improve the ward that goal and we look forward to a con- quality and delivery of health care. tinued partnership to make this a reality. Hon. AMO HOUGHTON, As early as 1993, the University of Wis- For more information, please contact Kath- House of Representatives, consin Hospitals and Clinics (UWHC) em- leen M. Cantwell, Director, Federal Legisla- Hon. EARL POMEROY, braced McKesson’s automation and bar code tive Affairs and Government Affairs Counsel, House of Representatives, solutions for pharmaceutical distribution. at 301/657–3000, ext. 1326. Washington, DC. Building on this system, they have imple- Sincerely, DEAR SENATORS GRAHAM AND SNOWE AND mented point-of-care bar code scanning at HENRI R. MANASSE, Jr., REPRESENTATIVES HOUGHTON AND POMEROY: the bedside. In partnership with McKesson Executive Vice President and On behalf of the more than 1,500 leading on clinical programs and adverse drug event Chief Executive Officer. not-for-profit hospitals and health systems tracking, UWHC has demonstrated a signifi- allied in Premier, Inc., and the millions of cant reduction in medication errors, en- FLORIDA HOSPITAL ASSOCIATION, patients whose healthcare needs they serve, hanced efficiency, increased clinician satis- October 14, 2003. we extend our vigorous support for the Medi- faction, and improved medication docu- Hon. BOB GRAHAM, cation Errors Reduction Act of 2003. mentation. As an example of these suc- U.S. Senate, Hart Senate Office Building, This innovative legislation would provide cesses,they have achieved an 89 percent re- Washington, DC. grants to hospitals and nursing facilities to duction in medication administration errors DEAR SENATOR GRAHAM: On behalf of the offset the prohibitively high costs of devel- due to point-of-care bar code scanning, as more than 230 members of the Florida Hos- oping and implementing new patient safety well as a reduction in dispensing errors from pital Association, I want to commend you and information technologies to reduce med- 1.43 percent to 0.13 percent. UWHC also real- for introducing legislation to provide finan- ical errors and adverse events. As such, the ized a return on investment in two years. cial assistance to help hospitals take patient measure would undoubtedly contribute to We commend you for recognizing the need safety to the next level. Your bill, the the sustained improvement of quality health for economic incentives to accelerate the ‘‘Medication Errors Reduction Act of 2003,’’ care in America. adoption of innovative technology so criti- represents a significant step toward assisting The legislation’s establishment of a ten- cally needed in today’s health care environ- hospitals in Florida and throughout the year, $1 billion grant program would effec- ment. By providing grants to hospitals and country in their continuous efforts to im- tively mitigate the most formidable barrier skilled nursing facilities, your legislation prove their clinical safety systems. to hospitals’ implementation of new, life- will facilitate the widespread use of tech- Your initiative recognizes that our com- saving technologies—namely, cost. In this nology designed to prevent medication er- mitment to patient safety requires more fi- way, the efforts of early adopters of new rors and enhance patient safety. We stand nancial resources than are currently avail- technologies are simultaneously rewarded ready to work with you and your staff to able to hospitals, which continue to experi- and facilitated. support passage of this legislation. ence extraordinary financial pressures. You As you know, Premier is a long-standing Sincerely, are a realist—matching resources in support champion of patient safety and quality im- ANN RICHARDSON BERKEY, of a great need. provement. At present, we are hosting a se- Vice President, Public Affairs. The FHA will encourage other members of ries of collaborative meetings designed to the Florida Congressional Delegation to sup- help members implement and adopt comput- AMERICAN SOCIETY OF port your bill—a measure that targets our erized physician order entry (CPOE). Partici- HEALTH-SYSTEM PHARMACISTS, desire to improve patient safety. It will be pation by hospital executives, including Bethesda, MD, September 17, 2003. important for the bill to retain its clear CIOs, CMOs and CEOs, as well as their CPOE Hon. ROBERT GRAHAM, focus, and not become weighted down with project leaders, facilitate and energize the U.S. Senate, Washington, DC. extraneous legislative baggage that could exchange of knowledge and experience, Hon. OLYMPIA SNOWE, change its focus. which are invaluable to the advancement of U.S. Senate, Washington, DC. Thank you for moving so swiftly to help us CPOE adoption. In addition, Premier has Hon. AMO HOUGHTON, protect patients while protecting the integ- long championed industry adoption of the House of Representatives, rity of the Hospital Trust Fund. bar code for drug, biological, and appropriate Washington, DC. Sincerely yours, medical device labeling to reduce the inci- Hon. EARL POMEROY, WAYNE NESMITH, dence of adverse events, and improve patient House of Representatives, President. safety overall. Washington, DC. Premier and its member hospitals believe Ms. SNOWE. Mr. President, I rise DEAR SENATORS GRAHAM AND SNOWE AND today to join my colleague, Senator that the Medication Errors Reduction Act REPRESENTATIVES HOUGHTON AND POMEROY: represents a significant step on the path to The American Society of Health-System BOB GRAHAM of Florida, in reintro- improved patient care. We applaud your ef- Pharmacists (ASHP), the 30,000-member na- ducing the Medication Errors Reduc- forts, and look forward to working with you tional professional association that rep- tion Act, which will serve to improve toward passage of this critical legislation. resents pharmacists who practice in hos- the quality of health care delivered in Sincerely, pitals, health maintenance organizations, hospitals and skilled nursing facilities HERB KUHN, long-term care facilities, home care, and by reducing medical errors. The lack of Corporate Vice President. other components of health care systems, quality assurances in America’s health would like to commend you on introduction care system has been documented MCKESSON CORPORATION, of the ‘‘Medication Errors Reduction Act of San Francisco, CA, September 12, 2003. 2003.’’ many times. We believe this bill is the Hon. BOB GRAHAM, The Institute of Medicine (IOM) report, To first step in the process to correct this U.S. Senate, Err is Human: Building a Safer Health Sys- troubling circumstance and to ensure Hon. OLYMPIA SNOWE, tem, pointed out as many as 98,000 patients that the American health system is the U.S. Senate, Washington, DC. die annually as the result of medical errors, world’s safest. DEAR SENATORS GRAHAM AND SNOWE: On 7,000 of which are the direct result of medica- We first began development of this behalf of McKesson Corporation, I would like tion-related complications. Handwritten legislation in 2001, following the re- to thank you for authorizing the Medication clinical data, incomplete, outdated, or im- lease of the Institute of Medicine’s Errors Reduction Act of 2003. We strongly properly implemented information tech- support this legislation and applaud your nology within our nation’s health system (IOM) report ‘‘To Err Is Human: Build- leadership in identifying ways to help reduce contributes to the high number of adverse ing a Safer Health System.’’ We were medication errors and improve the quality of events or health care complications due to prompted by the startling revelations health care in our nation. medication use. contained in the report that showed up

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12546 CONGRESSIONAL RECORD — SENATE October 14, 2003 to 98,000 people per year lose their lives through Medicare, Medicaid and S– tainty. What will become of me? What because of a medical error and the an- CHIP. And to ensure that all hospitals, will they have to do to me? What will nual financial impact that results from especially those in rural communities I have to endure? What’s the next step? these mistakes is believed to be as high that have smaller operating margins, For many women, the answer to that as $29 billion. can afford to utilize this innovative last question is a mastectomy or As you might imagine, a medical new program, we set aside 20 percent of lumpectomy. Despite the medical and error can be many things, but the In- the funding for rural hospitals. I be- scientific advances that have been stitute defines it as ‘‘the failure of a lieve this is an important and nec- made, despite the advances in early de- planned action to be completed as in- essary step to protect our rural com- tection technology that more and more tended or the use of a wrong plan to munities and provide families with the often negate the need for radical sur- achieve an aim.’’ The Institute sites highest quality care. gery, it still remains a fact of life at among the problems that commonly I hope my colleagues will join us in the beginning of the 21st century these occur during the course of providing support of this legislation so we soon procedures can be the most prudent op- health care—adverse drug events and will be able to reduce the number of tion in attacking and eradicating can- improper transfusions, surgical injuries Americans who are harmed by medical cer found in a woman’s breast. and wrong-site surgery, suicides, re- errors. These are the kind of decisions that straint-related injuries or death, falls, come with a breast cancer diagnosis. burns, pressure ulcers and mistaken By Ms. SNOWE (for herself, Mrs. These are the kind of questions women patient identities. All of these can have MURRAY, Mr. BIDEN, and Mrs. must answer, and they must do so tragic endings, but all are preventable. FEINSTEIN): under some of the most stressful and In developing the solution, we looked S. 1730. A bill to require that health frightening circumstances imaginable. to incentives that would prompt hos- plans provide coverage for a minimum The last question a woman should have pitals and skilled nursing facilities to hospital stay for mastectomies, to worry about at a time like this is utilize technology to identify inaccura- lumpectomies, and lymph node dissec- whether or not their health insurance cies and prevent medical errors before tion for the treatment of breast cancer plan will pay for appropriate care after they happen. Senator GRAHAM and I de- and coverage for secondary consulta- a mastectomy or lumpectomy, or that veloped a proposal that provides Fed- tions; to the Committee on Health, she won’t be able to remain in a doc- eral matching funds to hospitals and Education, Labor, and Pensions. tor’s immediate care for as long as she skilled nursing facilities that integrate Ms. SNOWE. Mr. President, I rise needs to be. A woman diagnosed with into their medical systems technology today to reintroduce the Women’s breast cancer in many ways already that can prevent medical errors. Tech- Health and Cancer Rights Act. I am feels as though she has lost control of nology exists, as never before, that can pleased to be joined by my friends, Sen- her life. She should not feel as though help identify errors before they happen, ator MURRAY of Washington and Sen- she has also lost control of her course and save lives. But this technology is ator BIDEN of Delaware, and Senator of treatment. rendered useless if it is not being uti- FEINSTEIN of California, as original co- The evidence for the need for this lized. That is why the Federal Govern- sponsors of this bill. bill—especially when it comes to so- ment must step forward and provide This bill has a two-fold purpose. called ‘‘drive through mastectomies’’, the necessary incentives to prompt in- First, it will ensure that appropriate is more than just allegorical. Indeed, the facts speak for themselves—be- novation. medical care determines how long a In taking this step, we believe it is woman stays in the hospital after un- tween 1986 and 1995, the average length imperative that the Federal Govern- dergoing a mastectomy—not a pre- of stay for a mastectomy dropped from ment invest time and funding in not determined amount of time legislated about six days to about two to three just identifying the solution, but to by Congress. This provision says that days. Thousands of women across the provide the means to implement the inpatient coverage with respect to the country are undergoing radical solution. It is the role of the Federal treatment of mastectomy, lumpec- mastectomies on an outpatient basis Government to lead, and I believe that tomy, or lymph node dissection—re- and are being forced out of the hospital before either they or their doctor think providing grant funding to hospitals gardless of whether the patient’s plan it’s reasonable or prudent. and skilled nursing facilities to inte- is regulated by ERISA or State regula- This decision must be returned to tions—will be provided for a period of grate technology into their health care physicians and their patients, and all time as is determined by the attending delivery systems will in fact provide Americans who face the possibility of a physician, in consultation with the pa- the necessary leadership to see this cancer diagnosis must be able to make tient, to be medically necessary and idea become a reality. informed decisions about appropriate More specifically, the grants pro- appropriate. Second, this bill allows and necessary medical care. vided by this legislation can be used to any person facing a cancer diagnosis of I urge my colleagues to join me in purchase or improve computer software any type to get a second opinion on supporting this bill and work towards and hardware, and provide education their course of treatment. passing it this year. and training to staff on computer pa- A diagnosis of breast cancer is some- tient safety programs. They also may thing that every woman dreads. But for f be used to improve patient safety at an estimated 192,020 American women, AMENDMENTS SUBMITTED AND every stage of the medication delivery this is the year their worst fears will PROPOSED process through: electronic prescribing be realized. One thousand new cases of SA 1828. Mr. COCHRAN (for himself, Mr. systems that can intercept errors at breast cancer will be diagnosed among CRAPO, Mr. DOMENICI, Mrs. LINCOLN, Mr. the time medications are ordered; elec- the women in Maine, and 200 women in CRAIG, Mr. WYDEN, Mrs. FEINSTEIN, Mr. tronic medical records to alert doctors my home State will die from this trag- MCCAIN, Mr. BAUCUS, Ms. MURKOWSKI, Mr. to possible drug interactions and com- ic disease. The fact is, one in nine THOMAS, Mr. DASCHLE, Mr. BURNS, and Mr. plications related to the patient’s med- women will develop breast cancer dur- JOHNSON) submitted an amendment intended to be proposed by him to the bill H.R. 1904, ical history; automated pharmacy dis- ing their lifetime, and for women be- to improve the capacity of the Secretary of pensing to make sure the nurse re- tween the ages of 35 and 54, there is no Agriculture and the Secretary of the Interior ceives the correct medication in the other disease which will claim more to plan and conduct hazardous fuels reduc- correct dosage for the correct patient; lives. tion projects on National Forest System and bedside verification—using bar It’s not hard to understand why the lands and Bureau of Land Management lands codes on patient wristbands and the words ‘‘you have breast cancer’’ are aimed at protecting communities, water- medications to ensure that the right some of the most frightening words in sheds, and certain other at-risk lands from the English language. For the woman catastrophic wildfire, to enhance efforts to medication is administered to the right protect watersheds and address threats to patient at the right time. who hears them, everything changes forest and rangeland health, including cata- Further, we direct the funding to from that moment forward. No wonder, strophic wildfire, across the landscape, and hospitals that serve predominately pa- then, that it is a diagnosis not only ac- for other purposes; which was ordered to lie tients who receive insurance coverage companied by fear, but also by uncer- on the table.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12547 SA 1829. Mrs. LINCOLN submitted an Sec. 105. Special administrative review proc- otherwise contributes to the risk of cata- amendment intended to be proposed by her ess. strophic fire or insect or disease infestation) to the bill S. 1689, making emergency supple- Sec. 106. Judicial review in United States for producing electric energy, useful heat, mental appropriations for Iraq and Afghani- district courts. transportation fuel, and petroleum-based stan security and reconstruction for the fis- Sec. 107. Effect of title. product substitutes, and for other commer- cal year ending September 30, 2004, and for Sec. 108. Authorization of appropriations. cial purposes; other purposes; which was ordered to lie on TITLE II—BIOMASS (3) to enhance efforts to protect watersheds the table. and address threats to forest and rangeland Sec. 201. Findings. SA 1830. Mr. BINGAMAN (for himself, Mr. health, including catastrophic wildfire, Sec. 202. Definitions. across the landscape; LUGAR, Mr. LIEBERMAN, Mr. BAYH, Mrs. CLIN- Sec. 203. Grants to improve commercial (4) to promote systematic gathering of in- TON, Mr. DURBIN, Ms. LANDRIEU, Mrs. LIN- value of forest biomass for elec- formation to address the impact of insect COLN, Mr. SMITH, Mr. REID, Mr. CORZINE, Mr. tric energy, useful heat, trans- and disease infestations and other damaging CONRAD, Mr. BYRD, Mr. LEAHY, and Mr. JEF- portation fuels, compost, value- agents on forest and rangeland health; FORDS) proposed an amendment to the bill S. added products, and petroleum- (5) to improve the capacity to detect insect 1689, supra. based product substitutes. and disease infestations at an early stage, SA 1831. Mr. BAUCUS submitted an amend- Sec. 204. Reporting requirement. particularly with respect to hardwood for- ment intended to be proposed by him to the Sec. 205. Improved biomass use research pro- ests; and bill S. 1689, supra; which was ordered to lie gram. (6) to protect, restore, and enhance forest on the table. Sec. 206. Rural revitalization through for- ecosystem components— SA 1832. Mr. FEINGOLD submitted an estry. amendment intended to be proposed by him (A) to promote the recovery of threatened to the bill S. 1689, supra; which was ordered TITLE III—WATERSHED FORESTRY and endangered species; to lie on the table. ASSISTANCE (B) to improve biological diversity; and SA 1833. Mr. LEAHY submitted an amend- Sec. 301. Findings and purposes. (C) to enhance productivity and carbon se- ment intended to be proposed by him to the Sec. 302. Watershed forestry assistance pro- questration. bill S. 1689, supra; which was ordered to lie gram. SEC. 3. DEFINITIONS. on the table. Sec. 303. Tribal watershed forestry assist- In this Act: SA 1834. Mr. REED (for himself, Mr. ance. (1) FEDERAL LAND.—The term ‘‘Federal HAGEL, and Mr. LEVIN) submitted an amend- TITLE IV—INSECT INFESTATIONS AND land’’ means— ment intended to be proposed by him to the RELATED DISEASES (A) land of the National Forest System (as bill S. 1689, supra. Sec. 401. Findings and purpose. defined in section 11(a) of the Forest and SA 1835. Mr. REID (for himself and Mrs. Sec. 402. Definitions. Rangeland Renewable Resources Planning LINCOLN) proposed an amendment to the bill Sec. 403. Accelerated information gathering Act of 1974 (16 U.S.C 1609(a))) administered by S. 1689, supra. regarding forest-damaging in- the Secretary of Agriculture, acting through SA 1836. Mr. REID proposed an amendment sects. the Chief of the Forest Service; and to the bill S. 1689, supra. Sec. 404. Applied silvicultural assessments. (B) public lands (as defined in section 103 of SA 1837. Mr. DURBIN (for himself, Ms. MI- Sec. 405. Relation to other laws. the Federal Land Policy and Management KULSKI, and Mr. CORZINE) proposed an Sec. 406. Authorization of appropriations. Act of 1976 (43 U.S.C 1702)), the surface of amendment to the bill S. 1689, supra. which is administered by the Secretary of TITLE V—HEALTHY FORESTS RESERVE the Interior, acting through the Director of f PROGRAM the Bureau of Land Management. TEXT OF AMENDMENTS Sec. 501. Establishment of healthy forests (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ reserve program. SA 1828. Mr. COCHRAN (for himself, has the meaning given the term in section 4 Sec. 502. Eligibility and enrollment of lands of the Indian Self-Determination and Edu- Mr. CRAPO, Mr. DOMENICI, Mrs. LIN- in program. cation Assistance Act (25 U.S.C. 450b). COLN, Mr. CRAIG, Mr. WYDEN, Mrs. Sec. 503. Restoration plans. TITLE I—HAZARDOUS FUEL REDUCTION FEINSTEIN, Mr. MCCAIN, Mr. BAUCUS, Sec. 504. Financial assistance. ON FEDERAL LAND Ms. MURKOWSKI, Mr. THOMAS, Mr. Sec. 505. Technical assistance. SEC. 101. DEFINITIONS. DASCHLE, Mr. BURNS, and Mr. JOHNSON) Sec. 506. Protections and measures Sec. 507. Involvement by other agencies and In this title: submitted an amendment intended to (1) AT-RISK COMMUNITY.—The term ‘‘at-risk be proposed by him to the bill H.R. organizations. Sec. 508. Authorization of appropriations. community’’ means an area— 1904, to improve the capacity of the (A) that is comprised of— Secretary of Agriculture and the Sec- TITLE VI—PUBLIC LAND CORPS (i) an interface community as defined in retary of the Interior to plan and con- Sec. 601. Purposes. the notice entitled ‘‘Urban Wildlife Interface Sec. 602. Definitions. Communities Within the Vicinity of Federal duct hazardous fuels reduction projects Sec. 603. Public Land Corps. on National Forest System lands and Lands That Are at High Risk From Wildfire’’ Sec. 604. Nondisplacement. issued by the Secretary of Agriculture and Bureau of Land Management lands Sec. 605. Authorization of appropriations. the Secretary of the Interior in accordance aimed at protecting communities, wa- TITLE VII—RURAL COMMUNITY with title IV of the Department of the Inte- tersheds, and certain other at-risk FORESTRY ENTERPRISE PROGRAM rior and Related Agencies Appropriations lands from catastrophic wildfire, to en- Sec. 701. Purpose Act, 2001 (114 Stat. 1009) (66 Fed. Reg. 753, hance efforts to protect watersheds and Sec. 702. Definitions. January 4, 2001); or address threats to forest and rangeland Sec. 703. Rural community forestry enter- (ii) a group of homes and other structures health, including catastrophic wildfire, prise program. with basic infrastructure and services (such as utilities and collectively maintained across the landscape, and for other pur- TITLE VIII—MISCELLANEOUS transportation routes) within or adjacent to PROVISIONS poses; which was ordered to lie on the Federal land; table; as follows: Sec. 801. Forest inventory and management. (B) in which conditions are conducive to a Strike section 1 through title I and insert Sec. 802. Program for emergency treatment large-scale wildland fire disturbance event; the following: and reduction of nonnative and invasive plants. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (C) for which a significant threat to human Sec. 803. USDA National Agroforestry Cen- (a) SHORT TITLE.—This Act may be cited as life or property exists as a result of a ter. the ‘‘Healthy Forests Restoration Act of wildland fire disturbance event. Sec. 804. Upland Hardwoods Research Cen- 2003’’. (2) AUTHORIZED HAZARDOUS FUEL REDUCTION ter. (b) TABLE OF CONTENTS.—The table of con- PROJECT.—The term ‘‘authorized hazardous Sec. 805. Sense of Congress regarding en- tents of this Act is as follows: fuel reduction project’’ means the measures hanced community fire protec- and methods described in the definition of Sec. 1. Short title; table of contents. tion. ‘‘appropriate tools’’ contained in the glos- Sec. 2. Purposes. SEC. 2. PURPOSES. sary of the Implementation Plan, on Federal Sec. 3. Definitions. The purposes of this Act are— land described in section 102(a) and con- TITLE I—HAZARDOUS FUEL REDUCTION (1) to reduce wildfire risk to communities, ducted under sections 103 and 104. ON FEDERAL LAND municipal water supplies, and other at-risk (3) COMMUNITY WILDFIRE PROTECTION Sec. 101. Definitions. Federal land through a collaborative process PLAN.—The term ‘‘community wildfire pro- Sec. 102. Authorized hazardous fuel reduc- of planning, prioritizing, and implementing tection plan’’ means a plan for an at-risk tion projects. hazardous fuel reduction projects; community that— Sec. 103. Prioritization. (2) to authorize grant programs to improve (A) is developed within the context of the Sec. 104. Environmental analysis. the commercial value of forest biomass (that collaborative agreements and the guidance

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AUTHORIZED HAZARDOUS FUEL RE- munity; gime III’’ means an area— DUCTION PROJECTS. (B) identifies and prioritizes areas for haz- (A) in which historically there are mixed (a) AUTHORIZED PROJECTS.—As soon as ardous fuel reduction treatments and rec- severity fires with a frequency of 35 through practicable after the date of enactment of ommends the types and methods of treat- 100 years; and this Act, the Secretary shall implement au- ment on Federal and non-Federal land that (B) that is located primarily in forests of thorized hazardous fuel reduction projects, will protect 1 or more at-risk communities mixed conifer, dry Douglas fir, or wet Pon- consistent with the Implementation Plan, and essential infrastructure; and derosa pine. on— (1) Federal land in wildland-urban inter- (C) recommends measures to reduce struc- (11) IMPLEMENTATION PLAN.—The term ‘‘Im- tural ignitability throughout the at-risk plementation Plan’’ means the Implementa- face areas; community. tion Plan for the Comprehensive Strategy (2) condition class 3 Federal land, in such proximity to a municipal water supply sys- (4) CONDITION CLASS 2.—The term ‘‘condi- for a Collaborative Approach for Reducing tion class 2’’, with respect to an area of Fed- Wildland Fire Risks to Communities and the tem or a stream feeding such a system with- eral land, means the condition class descrip- Environment, dated May 2002, developed pur- in a municipal watershed that a significant risk exists that a fire disturbance event tion developed by the Forest Service Rocky suant to the conference report to accompany would have adverse effects on the water Mountain Research Station in the general the Department of the Interior and Related quality of the municipal water supply or the technical report entitled ‘‘Development of Agencies Appropriations Act, 2001 (House Re- maintenance of the system, including a risk Coarse-Scale Spatial Data for Wildland Fire port 106–64) (and subsequent revisions). to water quality posed by erosion following and Fuel Management’’ (RMRS–87), dated (12) MUNICIPAL WATER SUPPLY SYSTEM.— such a fire disturbance event; April 2000 (including any subsequent revision The term ‘‘municipal water supply system’’ (3) condition class 2 Federal land located to the report), under which— means the reservoirs, canals, ditches, flumes, within fire regime I, fire regime II, or fire re- (A) fire regimes on the land have been laterals, pipes, pipelines, and other surface gime III, in such proximity to a municipal moderately altered from historical ranges; facilities and systems constructed or in- water supply system or a stream feeding (B) there exists a moderate risk of losing stalled for the collection, impoundment, such a system within a municipal watershed key ecosystem components from fire; storage, transportation, or distribution of that a significant risk exists that a fire dis- (C) fire frequencies have increased or de- drinking water. turbance event would have adverse effects on creased from historical frequencies by 1 or (13) RESOURCE MANAGEMENT PLAN.—The the water quality of the municipal water more return intervals, resulting in moderate term ‘‘resource management plan’’ means— supply or the maintenance of the system, in- changes to— (A) a land and resource management plan cluding a risk to water quality posed by ero- (i) the size, frequency, intensity, or sever- prepared for 1 or more units of land of the sion following such a fire disturbance event; ity of fires; or National Forest System described in section (4) Federal land on which windthrow or (ii) landscape patterns; and 3(1)(A) under section 6 of the Forest and blowdown, ice storm damage, or the exist- (D) vegetation attributes have been mod- Rangeland Renewable Resources Planning ence of disease or insect infestation, poses a erately altered from the historical range of Act of 1974 (16 U.S.C. 1604); or significant threat to an ecosystem compo- the attributes. (B) a land use plan prepared for 1 or more nent, or forest or rangeland resource, on the (5) CONDITION CLASS 3.—The term ‘‘condi- units of the public land described in section Federal land or adjacent non-Federal land; tion class 3’’, with respect to an area of Fed- 3(1)(B) under section 202 of the Federal Land (5) Federal land not covered by paragraphs eral land, means the condition class descrip- Policy and Management Act of 1976 (43 (1) through (4) that contains threatened and tion developed by the Rocky Mountain Re- U.S.C. 1712). endangered species habitat, if— search Station in the general technical re- (14) SECRETARY.—The term ‘‘Secretary’’ (A) natural fire regimes on that land are port referred to in paragraph (4) (including means— identified as being important for, or wildfire any subsequent revision to the report), under (A) the Secretary of Agriculture, with re- is identified as a threat to, an endangered which— spect to land of the National Forest System species, a threatened species, or habitat of (A) fire regimes on land have been signifi- described in section 3(1)(A); and an endangered species or threatened species cantly altered from historical ranges; (B) the Secretary of the Interior, with re- in a species recovery plan prepared under (B) there exists a high risk of losing key spect to public lands described in section section 4 of the Endangered Species Act of ecosystem components from fire; 3(1)(B). 1973 (16 U.S.C. 1533), or a notice published in (C) fire frequencies have departed from his- (15) THREATENED AND ENDANGERED SPECIES the Federal Register determining a species torical frequencies by multiple return inter- HABITAT.—The term ‘‘threatened and endan- to be an endangered species or a threatened vals, resulting in dramatic changes to— gered species habitat’’ means Federal land species or designating critical habitat; (i) the size, frequency, intensity, or sever- identified in— (B) the authorized hazardous fuel reduction ity of fires; or (A) a determination that a species is an en- project will provide enhanced protection (ii) landscape patterns; and dangered species or a threatened species from catastrophic wildfire for the endan- (D) vegetation attributes have been signifi- under the Endangered Species Act of 1973 (16 gered species, threatened species, or habitat cantly altered from the historical range of U.S.C. 1531 et seq.); of the endangered species or threatened spe- the attributes. (B) a designation of critical habitat of the cies; and (6) DAY.—The term ‘‘day’’ means— species under that Act; or (C) the Secretary complies with any appli- (A) a calendar day; or (C) a recovery plan prepared for the species cable guidelines specified in any manage- (B) if a deadline imposed by this title under that Act. ment or recovery plan described in subpara- would expire on a nonbusiness day, the end (16) WILDLAND-URBAN INTERFACE.—The graph (A). of the next business day. term ‘‘wildland-urban interface’’ means— (b) RELATION TO AGENCY PLANS.—An au- (7) DECISION DOCUMENT.—The term ‘‘deci- (A) an area within or adjacent to an at-risk thorized hazardous fuel reduction project sion document’’ means— community that is identified in rec- shall be conducted consistent with the re- (A) a decision notice (as that term is used ommendations to the Secretary in a commu- source management plan and other relevant in the Forest Service Handbook); nity wildfire protection plan; or administrative policies or decisions applica- (B) a decision record (as that term is used (B) in the case of any area for which a com- ble to the Federal land covered by the in the Bureau of Land Management Hand- munity wildfire protection plan is not in ef- project. book); and fect— (c) ACREAGE LIMITATION.—Not more than a (C) a record of decision (as that term is (i) an area extending 1⁄2-mile from the total of 20,000,000 acres of Federal land may used in applicable regulations of the Council boundary of an at-risk community; be treated under authorized hazardous fuel on Environmental Quality). (ii) an area extending more than 1⁄2-mile reduction projects. (8) FIRE REGIME I.—The term ‘‘fire regime from the boundary of an at-risk community, (d) EXCLUSION OF CERTAIN FEDERAL LAND.— I’’ means an area— if the land adjacent to the at-risk commu- The Secretary may not conduct an author- (A) in which historically there have been nity— ized hazardous fuel reduction project that low-severity fires with a frequency of 0 (I) has a sustained steep slope that creates would occur on— through 35 years; and the potential for wildfire behavior endan- (1) a component of the National Wilderness (B) that is located primarily in low ele- gering the at-risk community; or Preservation System; vation forests of pine, oak, or pinyon juni- (II) has a geographic feature that aids in (2) Federal land on which, by Act of Con- per. creating an effective fire break, such as a gress or Presidential proclamation, the re- (9) FIRE REGIME II.—The term ‘‘fire regime road or ridge top, within 3⁄4-mile of the near- moval of vegetation is prohibited or re- II’’ means an area— est at-risk community boundary; and stricted; or

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(3) a Wilderness Study Area. (ii) PERIOD.—Clause (i) applies during the SEC. 103. PRIORITIZATION. (e) OLD GROWTH STANDS.— period— (a) IN GENERAL.—In accordance with the (1) DEFINITIONS.—In this subsection and (I) beginning on the termination of the ap- Implementation Plan, the Secretary shall subsection (f): plicable period for the standards described in develop an annual program of work for Fed- (A) COVERED PROJECT.—The term ‘‘covered subparagraph (A); and eral land that gives priority to authorized project’’ means an authorized hazardous fuel (II) ending on the date the Secretary com- hazardous fuel reduction projects that pro- reduction project carried out under para- pletes the action required by subparagraph vide for the protection of at-risk commu- graph (1), (2), (3), or (5) of subsection (a). (B) for the standards. nities or watersheds or that implement com- (B) OLD GROWTH STAND.—The term ‘‘old (5) EFFECT ON CIVIL ACTIONS.—A person munity wildfire protection plans. growth stand’’ has the meaning given the may bring a civil action based on standards for an old growth stand under a resource (b) COLLABORATION.— term under standards used pursuant to para- (1) IN GENERAL.—The Secretary shall con- graphs (3) and (4), based on the structure and management plan only by challenging a plan amendment, plan revision, or project imple- sider recommendations under subsection (a) composition characteristic of the forest that are made by at-risk communities that type, and in accordance with applicable law, menting the standards of the plan, in accordance with applicable provisions of law (in- have developed community wildfire protec- including section 6(g)(3)(B) of the Forest and tion plans. Rangeland Renewable Resources Planning cluding the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.) and the (2) EXEMPTION.—The Federal Advisory Act of 1974 (16 U.S.C. 1604(g)(3)(B)). Federal Land Policy and Management Act of Committee Act (5 U.S.C. App.) shall not (C) STANDARDS.—The term ‘‘standards’’ 1976 (43 U.S.C. 1701 et seq.)). apply to the planning process and rec- means definitions, designations, standards, (f) LARGE TREE RETENTION.—Subject to ommendations concerning community wild- guidelines, goals, or objectives established subsection (e), the Secretary shall carry out fire protection plans. for an old growth stand under a resource a covered project in a manner that— management plan developed in accordance (c) ADMINISTRATION.— (1) focuses largely on small diameter trees, (1) IN GENERAL.—Federal agency involve- with applicable law, including section thinning, strategic fuel breaks, and pre- 6(g)(3)(B) of the Forest and Rangeland Re- ment in a community wildfire protection scribed fire to modify fire behavior, as meas- plan, or a recommendation made in a com- newable Resources Planning Act of 1974 (16 ured by the projected reduction of U.S.C. 1604(g)(3)(B)). munity wildfire protection plan, shall not be uncharacteristically severe wildfire effects considered a Federal agency action under the (2) PROJECT REQUIREMENTS.—In carrying for the forest type (such as adverse soil im- out a covered project, the Secretary shall National Environmental Policy Act of 1969 pacts, tree mortality or other impacts); and (42 U.S.C. 4321 et seq.). fully maintain, or contribute toward the res- (2) maximizes the retention of large trees, toration of, the structure and composition of (2) COMPLIANCE.—In implementing author- as appropriate for the forest type, to the ex- ized hazardous fuel reduction projects on old growth stands according to the pre-fire tent that the trees promote fire-resilient suppression old growth conditions char- Federal land, the Secretary shall, in accord- stands and the purposes of section 6(g)(3)(B) ance with section 104, comply with the Na- acteristic of the forest type, taking into ac- of the Forest and Rangeland Renewable Re- count the contribution of the stand to land- tional Environmental Policy Act of 1969 (42 sources Planning Act of 1976 (16 U.S.C. U.S.C. 4321 et seq.). scape fire adaptation and watershed health, 1604(g)(3)(B)). and retaining the large trees contributing to (g) MONITORING AND ASSESSING FOREST AND (d) FUNDING ALLOCATION.— old growth structure. RANGELAND HEALTH.— (1) FEDERAL LAND.— (3) NEWER STANDARDS.— (1) IN GENERAL.—For each Forest Service (A) IN GENERAL.—Subject to subparagraph (A) IN GENERAL.—If the standards for an administrative region and each Bureau of (B), the Secretary shall use not less than 50 old growth stand were established during the Land Management State Office, the Sec- percent of the funds allocated for authorized 10-year period ending on the date of enact- retary shall— hazardous fuel reduction projects in the ment of this Act, the Secretary shall meet (A) monitor the results of the projects au- wildland-urban interface. the requirements of paragraph (2) by imple- thorized under this section; and (B) APPLICABILITY AND ALLOCATION.—The menting the standards. (B) not later than 5 years after the date of funding allocation in subparagraph (A) shall (B) AMENDMENTS OR REVISIONS.—Any enactment of this Act, and each 5 years apply at the national level, and the Sec- amendment or revision to standards for thereafter, issue a report that includes— retary may allocate the proportion of funds which final administrative approval is grant- (i) an evaluation of the progress towards differently than is required under subpara- ed after the date of enactment of this Act project goals; and graph (A) within individual management shall be consistent with paragraph (2). (ii) recommendations for modifications to units as appropriate, in particular to con- (4) OLDER STANDARDS.— the projects and management treatments. duct authorized hazardous fuel reduction (A) IN GENERAL.—If the standards for an (2) CONSISTENCY OF PROJECTS WITH REC- projects on land described in section old growth stand were established before the OMMENDATIONS.—An authorized hazardous 102(a)(4). 10-year period described in paragraph (3)(A), fuel reduction project approved following the (2) NON-FEDERAL LAND.—In providing finan- the Secretary shall meet the requirements of issuance of a monitoring report shall, to the cial assistance under any provision of law for paragraph (2) by implementing the stand- maximum extent practicable, be consistent authorized hazardous fuel reduction projects ards— with any applicable recommendations in the on non-Federal land, the Secretary shall con- (i) during the 2-year period beginning on report. sider recommendations made by at-risk com- the date of enactment of this Act; or (3) SIMILAR VEGETATION TYPES.—The re- munities that have developed community (ii) if the Secretary is in the process of results of a monitoring report shall be made wildfire protection plans. vising a resource management plan as of the available in, and (if appropriate) used for, a SEC. 104. ENVIRONMENTAL ANALYSIS. date of enactment of this Act, during the 3- project conducted in a similar vegetation year period beginning on the date of enact- type on land under the jurisdiction of the (a) AUTHORIZED HAZARDOUS FUEL REDUC- ment of this Act. Secretary. TION PROJECTS.—Except as otherwise pro- (B) REVIEW REQUIRED.—During the applica- (4) MONITORING AND ASSESSMENTS.—From a vided in this title, the Secretary shall con- ble period described in subparagraph (A) for representative sample of authorized haz- duct authorized hazardous fuel reduction the standards for an old growth stand under ardous fuel reduction projects, for each man- projects in accordance with— a resource management plan, the Secretary agement unit, monitoring and assessment (1) the National Environmental Policy Act shall— shall include a description of the effects on of 1969 (42 U.S.C. 4331 et seq.); and (i) review the standards, taking into ac- changes in condition class, using the Fire (2) other applicable laws. count any relevant scientific information Regime Condition Class Guidebook or suc- (b) ENVIRONMENTAL ASSESSMENT OR IMPACT made available since the adoption of the cessor guidance, specifically comparing end STATEMENTS.— standards; and results to— (1) IN GENERAL.—The Secretary shall pre- (ii) revise the standards to be consistent (A) pretreatment conditions; pare an environmental assessment or an en- with paragraph (2), if necessary to reflect (B) historical fire regimes; and vironmental impact statement (pursuant to relevant scientific information the Secretary (C) any applicable watershed or landscape section 102(2) of the National Environmental did not consider in formulating the resource goals or objectives in the resource manage- Policy Act of 1969 (42 U.S.C. 4332(2))) for any management plan. ment plan or other relevant direction. authorized hazardous fuel reduction project. (C) REVIEW NOT COMPLETED.— (5) TRACKING.—For each management unit, (2) ALTERNATIVES.—In the environmental (i) IN GENERAL.—If the Secretary does not the Secretary shall track acres burned, by assessment or environmental impact state- complete the review of the standards in ac- the degree of severity, by large wildfires (as ment prepared under paragraph (1), the Sec- cordance with subparagraph (B), during the defined by the Secretary). retary shall study, develop, and describe— period described in clause (ii), the Secretary (6) MONITORING AND MAINTENANCE OF TREAT- (A) the proposed agency action; shall not carry out any portion of a covered ED AREAS.—The Secretary shall, to the max- (B) the alternative of no action; and project in a stand that is identified as an old imum extent practicable, develop a process (C) an additional action alternative, if the growth stand (based on substantial sup- for monitoring the need for maintenance of additional alternative— porting evidence) by any person during treated areas, over time, in order to preserve (i) is proposed during scoping or the col- scoping. the forest health benefits achieved. laborative process; and

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(ii) meets the purpose and need of the (c) ADMINISTRATIVE REVIEW.— is not conducted using the process author- project, in accordance with regulations pro- (1) IN GENERAL.—A person may bring a civil ized by section 104. mulgated by the Council on Environmental action challenging an authorized hazardous (b) NATIONAL FOREST SYSTEM.—Nothing in Quality. fuel reduction project in a Federal district this title affects, or otherwise biases, the no- (3) MULTIPLE ADDITIONAL ALTERNATIVES.—If court only if the person has challenged the tice, comment, and appeal procedures for more than 1 additional alternative is pro- authorized hazardous fuel reduction project projects and activities of the National Forest posed under paragraph (2)(C), the Secretary by exhausting— System contained in part 215 of title 36, Code shall— (A) the administrative review process es- of Federal Regulations, or the consideration (A) select which additional alternative to tablished by the Secretary of Agriculture or disposition of any legal action brought consider; and under this section; or with respect to the procedures. (B) provide a written record describing the (B) the administrative hearings and ap- SEC. 108. AUTHORIZATION OF APPROPRIATIONS. reasons for the selection. peals procedures established by the Depart- There is authorized to be appropriated (c) PUBLIC NOTICE AND MEETING.— ment of the Interior. $760,000,000 for each fiscal year to carry out— (1) PUBLIC NOTICE.—The Secretary shall (2) ISSUES.—An issue may be considered in (1) activities authorized by this title; and provide notice of each authorized hazardous the judicial review of an action under section (2) other hazardous fuel reduction activi- fuel reduction project in accordance with ap- 106 only if the issue was raised in an admin- ties of the Secretary, including making plicable regulations and administrative istrative review process described in para- grants to States for activities authorized by guidelines. graph (1). law. (2) PUBLIC MEETING.—During the prepara- (3) EXCEPTION.—An exception to the re- tion stage of each authorized hazardous fuel quirement of exhausting the administrative SA 1829. Mrs. LINCOLN submitted an reduction project, the Secretary shall— review process before seeking judicial review amendment intended to be proposed by (A) conduct a public meeting at an appro- shall be available if a Federal court finds her to the bill S. 1689, making emer- priate location proximate to the administra- that the futility or inadequacy exception ap- gency supplemental appropriations for tive unit of the Federal land on which the plies to a specific plaintiff or claim. Iraq and Afghanistan security and re- authorized hazardous fuel reduction project SEC. 106. JUDICIAL REVIEW IN UNITED STATES will be conducted; and DISTRICT COURTS. construction for the fiscal year ending (B) provide advance notice of the location, (a) VENUE.—Notwithstanding section 1391 September 30, 2004, and for other pur- date, and time of the meeting. of title 28, United States Code, or other ap- poses; which was ordered to lie on the (d) PUBLIC COLLABORATION.—In order to en- plicable law, an authorized hazardous fuels table; as follows: courage meaningful public participation dur- reduction project conducted under this title At the end, add the following: ing preparation of authorized hazardous fuel shall be subject to judicial review only in the reduction projects, the Secretary shall facili- DIVISION B—RELIEF FOR MILITARY United States district court for the district FAMILIES tate collaboration among State and local in which the Federal land to be treated governments and Indian tribes, and partici- under the authorized hazardous fuels reduc- SECTION 1. SHORT TITLE, ETC. pation of interested persons, during the prep- tion project is located. (a) SHORT TITLE.—This division may be aration of each authorized fuel reduction (b) EXPEDITIOUS COMPLETION OF JUDICIAL cited as the ‘‘Military Families Tax Relief project in a manner consistent with the Im- REVIEW.—In the judicial review of an action Act of 2003’’. plementation Plan. challenging an authorized hazardous fuel re- (b) AMENDMENT OF 1986 CODE.—Except as (e) ENVIRONMENTAL ANALYSIS AND PUBLIC duction project under subsection (a), Con- otherwise expressly provided, whenever in COMMENT.—In accordance with section 102(2) gress encourages a court of competent juris- this division an amendment or repeal is ex- of the National Environmental Policy Act of diction to expedite, to the maximum extent pressed in terms of an amendment to, or re- 1969 (42 U.S.C. 4332(2)) and the applicable reg- practicable, the proceedings in the action peal of, a section or other provision, the ref- ulations and administrative guidelines, the with the goal of rendering a final determina- erence shall be considered to be made to a Secretary shall provide an opportunity for tion on jurisdiction, and (if jurisdiction ex- section or other provision of the Internal public comment during the preparation of ists) a final determination on the merits, as Revenue Code of 1986. any environmental assessment or environ- soon as practicable after the date on which a (c) TABLE OF CONTENTS.— mental impact statement for an authorized complaint or appeal is filed to initiate the Sec. 1. Short title, etc. hazardous fuel reduction project. action. TITLE I—IMPROVING TAX EQUITY FOR (f) DECISION DOCUMENT.—The Secretary (c) INJUNCTIONS.— MILITARY PERSONNEL shall sign a decision document for authorized (1) IN GENERAL.—Subject to paragraph (2), hazardous fuel reduction projects and pro- Sec. 101. Exclusion of gain from sale of a the length of any preliminary injunctive re- vide notice of the final agency actions. principal residence by a mem- lief and stays pending appeal covering an au- (g) PROJECT MONITORING.—In accordance ber of the uniformed services or with the Implementation Plan, the Sec- thorized hazardous fuel reduction project the Foreign Service. retary shall monitor the implementation of carried out under this title shall not exceed Sec. 102. Exclusion from gross income of cer- authorized hazardous fuel reduction projects. 60 days. tain death gratuity payments. (2) RENEWAL.— SEC. 105. SPECIAL ADMINISTRATIVE REVIEW Sec. 103. Exclusion for amounts received PROCESS. (A) IN GENERAL.—A court of competent ju- under Department of Defense (a) INTERIM FINAL REGULATIONS.— risdiction may issue 1 or more renewals of homeowners assistance pro- (1) IN GENERAL.—Not later than 30 days any preliminary injunction, or stay pending gram. after the date of the enactment of this Act, appeal, granted under paragraph (1). Sec. 104. Expansion of combat zone filing the Secretary of Agriculture shall promul- (B) UPDATES.—In each renewal of an in- rules to contingency oper- gate interim final regulations to establish a junction in an action, the parties to the ac- ations. predecisional administrative review process tion shall present the court with updated in- Sec. 105. Modification of membership re- for the period described in paragraph (2) that formation on the status of the authorized quirement for exemption from will serve as the sole means by which a per- hazardous fuel reduction project. tax for certain veterans’ orga- son can seek administrative review regard- (3) BALANCING OF SHORT- AND LONG-TERM nizations. ing an authorized hazardous fuel reduction EFFECTS.—As part of its weighing the equi- Sec. 106. Clarification of the treatment of project on Forest Service land. ties while considering any request for an in- certain dependent care assistance programs. (2) PERIOD.—The predecisional administra- junction that applies to an agency action tive review process required under paragraph under an authorized hazardous fuel reduction Sec. 107. Clarification relating to exception (1) shall occur during the period— project, the court reviewing the project shall from additional tax on certain (A) beginning after the completion of the balance the impact to the ecosystem likely distributions from qualified tui- environmental assessment or environmental affected by the project of— tion programs, etc. on account impact statement; and (A) the short- and long-term effects of un- of attendance at military acad- (B) ending not later than the date of the dertaking the agency action; against emy. Sec. 108. Suspension of tax-exempt status of issuance of the final decision approving the (B) the short- and long-term effects of not terrorist organizations. project. undertaking the agency action. Sec. 109. Above-the-line deduction for over- (3) EFFECTIVE DATE.—The interim final reg- SEC. 107. EFFECT OF TITLE. night travel expenses of Na- ulations promulgated under paragraph (1) (a) OTHER AUTHORITY.—Nothing in this tional Guard and Reserve mem- shall take effect on the date of promulgation title affects, or otherwise biases, the use by bers. of the regulations. the Secretary of other statutory or adminis- Sec. 110. Tax relief and assistance for fami- (b) FINAL REGULATIONS.—The Secretary trative authority (including categorical ex- shall promulgate final regulations to estab- clusions adopted to implement the National lies of Space Shuttle Columbia lish the process described in subsection (a)(1) Environmental Policy Act of 1969 (42 U.S.C. heroes. after the interim final regulations have been 4321 et seq.)) to conduct a hazardous fuel re- TITLE II—UNIFORM DEFINITION OF published and reasonable time has been production project on Federal land (including CHILD vided for public comment. Federal land identified in section 102(d)) that Sec. 201. Uniform definition of child, etc.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0655 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12551 Sec. 202. Modifications of definition of head with respect to any property may not be SEC. 104. EXPANSION OF COMBAT ZONE FILING of household. made if such an election is in effect with re- RULES TO CONTINGENCY OPER- Sec. 203. Modifications of dependent care spect to any other property. ATIONS. credit. ‘‘(ii) REVOCATION OF ELECTION.—An election (a) IN GENERAL.—Section 7508(a) (relating Sec. 204. Modifications of child tax credit. under subparagraph (A) may be revoked at to time for performing certain acts post- Sec. 205. Modifications of earned income any time.’’. poned by reason of service in combat zone) is credit. amended— (b) EFFECTIVE DATE; SPECIAL RULE.— (1) by inserting ‘‘, or when deployed out- Sec. 206. Modifications of deduction for per- (1) EFFECTIVE DATE.—The amendments sonal exemption for depend- side the United States away from the indi- made by this section shall take effect as if vidual’s permanent duty station while parents. included in the amendments made by section Sec. 207. Technical and conforming amend- ticipating in an operation designated by the 312 of the Taxpayer Relief Act of 1997. Secretary of Defense as a contingency oper- ments. (2) WAIVER OF LIMITATIONS.—If refund or Sec. 208. Effective date. ation (as defined in section 101(a)(13) of title credit of any overpayment of tax resulting 10, United States Code) or which became TITLE III—CHILD TAX CREDIT from the amendments made by this section such a contingency operation by operation of Sec. 301. Acceleration of increase in is prevented at any time before the close of law’’ after ‘‘section 112’’, refundability of the child tax the 1-year period beginning on the date of (2) by inserting in the first sentence ‘‘or at credit. the enactment of this Act by the operation any time during the period of such contin- Sec. 302. Reduction in marriage penalty in of any law or rule of law (including res judi- gency operation’’ after ‘‘for purposes of such child tax credit. cata), such refund or credit may nevertheless section’’, Sec. 303. Application of EGTRRA sunset to be made or allowed if claim therefor is filed (3) by inserting ‘‘or operation’’ after ‘‘such this section. before the close of such period. an area’’, and TITLE IV—OTHER PROVISIONS SEC. 102. EXCLUSION FROM GROSS INCOME OF (4) by inserting ‘‘or operation’’ after ‘‘such CERTAIN DEATH GRATUITY PAY- Sec. 401. Extension of IRS user fees. area’’. MENTS. (b) CONFORMING AMENDMENTS.— Sec. 402. Partial payment of tax liability in (1) Section 7508(d) is amended by inserting installment agreements. (a) IN GENERAL.—Subsection (b)(3) of sec- ‘‘or contingency operation’’ after ‘‘area’’. Sec. 403. Revision of tax rules on expatriation 134 (relating to certain military bene- (2) The heading for section 7508 is amended tion. fits) is amended by adding at the end the fol- by inserting ‘‘OR CONTINGENCY OPER- Sec. 404. Extension of customs user fees. lowing new subparagraph: ‘‘(C) EXCEPTION FOR DEATH GRATUITY AD- ATION’’ after ‘‘COMBAT ZONE’’. TITLE I—IMPROVING TAX EQUITY FOR JUSTMENTS MADE BY LAW.—Subparagraph (A) (3) The item relating to section 7508 in the MILITARY PERSONNEL shall not apply to any adjustment to the table of sections for chapter 77 is amended by SEC. 101. EXCLUSION OF GAIN FROM SALE OF A amount of death gratuity payable under inserting ‘‘or contingency operation’’ after PRINCIPAL RESIDENCE BY A MEM- chapter 75 of title 10, United States Code, ‘‘combat zone’’. BER OF THE UNIFORMED SERVICES which is pursuant to a provision of law en- (c) EFFECTIVE DATE.—The amendments OR THE FOREIGN SERVICE. acted after September 9, 1986.’’. made by this section shall apply to any pe- (a) IN GENERAL.—Subsection (d) of section riod for performing an act which has not ex- 121 (relating to exclusion of gain from sale of (b) CONFORMING AMENDMENT.—Subpara- pired before the date of the enactment of principal residence) is amended by redesig- graph (A) of section 134(b)(3) is amended by this Act. striking ‘‘subparagraph (B)’’ and inserting nating paragraph (9) as paragraph (10) and by SEC. 105. MODIFICATION OF MEMBERSHIP RE- inserting after paragraph (8) the following ‘‘subparagraphs (B) and (C)’’. QUIREMENT FOR EXEMPTION FROM new paragraph: (c) EFFECTIVE DATE.—The amendments TAX FOR CERTAIN VETERANS’ ORGA- ‘‘(9) MEMBERS OF UNIFORMED SERVICES AND made by this section shall apply with respect NIZATIONS. FOREIGN SERVICE.— to deaths occurring after September 10, 2001. (a) IN GENERAL.—Subparagraph (B) of sec- ‘‘(A) IN GENERAL.—At the election of an in- tion 501(c)(19) (relating to list of exempt or- SEC. 103. EXCLUSION FOR AMOUNTS RECEIVED ganizations) is amended by striking ‘‘or wid- dividual with respect to a property, the run- UNDER DEPARTMENT OF DEFENSE ning of the 5-year period described in sub- HOMEOWNERS ASSISTANCE PRO- owers’’ and inserting ‘‘, widowers, ancestors, sections (a) and (c)(1)(B) and paragraph (7) of GRAM. or lineal descendants’’. (b) EFFECTIVE DATE.—The amendments this subsection with respect to such property (a) IN GENERAL.—Section 132(a) (relating to shall be suspended during any period that made by this section shall apply to taxable the exclusion from gross income of certain years beginning after the date of the enact- such individual or such individual’s spouse is fringe benefits) is amended by striking ‘‘or’’ serving on qualified official extended duty as ment of this Act. at the end of paragraph (6), by striking the SEC. 106. CLARIFICATION OF THE TREATMENT a member of the uniformed services or of the period at the end of paragraph (7) and insert- Foreign Service of the United States. OF CERTAIN DEPENDENT CARE AS- ing ‘‘, or’’, and by adding at the end the fol- SISTANCE PROGRAMS. ‘‘(B) MAXIMUM PERIOD OF SUSPENSION.—The lowing new paragraph: (a) IN GENERAL.—Section 134(b) (defining 5-year period described in subsection (a) ‘‘(8) qualified military base realignment qualified military benefit) is amended by shall not be extended more than 10 years by and closure fringe.’’. adding at the end the following new para- reason of subparagraph (A). (b) QUALIFIED MILITARY BASE REALIGNMENT graph: ‘‘(C) QUALIFIED OFFICIAL EXTENDED DUTY.— AND CLOSURE FRINGE.—Section 132 is amend- ‘‘(4) CLARIFICATION OF CERTAIN BENEFITS.— For purposes of this paragraph— ed by redesignating subsection (n) as sub- For purposes of paragraph (1), such term in- ‘‘(i) IN GENERAL.—The term ‘qualified offi- section (o) and by inserting after subsection cludes any dependent care assistance pro- cial extended duty’ means any extended duty (m) the following new subsection: gram (as in effect on the date of the enact- while serving at a duty station which is at ment of this paragraph) for any individual ‘‘(n) QUALIFIED MILITARY BASE REALIGN- least 50 miles from such property or while re- described in paragraph (1)(A).’’. MENT AND CLOSURE FRINGE.—For purposes of siding under Government orders in Govern- (b) CONFORMING AMENDMENTS.— this section— ment quarters. (1) Section 134(b)(3)(A), as amended by sec- ‘‘(1) IN GENERAL.—The term ‘qualified mili- ‘‘(ii) UNIFORMED SERVICES.—The term ‘uni- tion 102, is amended by inserting ‘‘and para- tary base realignment and closure fringe’ formed services’ has the meaning given such graph (4)’’ after ‘‘subparagraphs (B) and (C)’’. means 1 or more payments under the author- term by section 101(a)(5) of title 10, United (2) Section 3121(a)(18) is amended by strik- ity of section 1013 of the Demonstration Cit- States Code, as in effect on the date of the ing ‘‘or 129’’ and inserting ‘‘, 129, or ies and Metropolitan Development Act of enactment of this paragraph. 134(b)(4)’’. 1966 (42 U.S.C. 3374) (as in effect on the date ‘‘(iii) FOREIGN SERVICE OF THE UNITED (3) Section 3306(b)(13) is amended by strik- of the enactment of this subsection) to offset STATES.—The term ‘member of the Foreign ing ‘‘or 129’’ and inserting ‘‘, 129, or the adverse effects on housing values as a re- Service of the United States’ has the mean- 134(b)(4)’’. sult of a military base realignment or clo- ing given the term ‘member of the Service’ (4) Section 3401(a)(18) is amended by strik- sure. by paragraph (1), (2), (3), (4), or (5) of section ing ‘‘or 129’’ and inserting ‘‘, 129, or ‘‘(2) LIMITATION.—With respect to any prop- 103 of the Foreign Service Act of 1980, as in 134(b)(4)’’. erty, such term shall not include any pay- effect on the date of the enactment of this (c) EFFECTIVE DATE.—The amendments paragraph. ment referred to in paragraph (1) to the ex- made by this section shall apply to taxable ‘‘(iv) EXTENDED DUTY.—The term ‘extended tent that the sum of all of such payments re- years beginning after December 31, 2002. duty’ means any period of active duty pursu- lated to such property exceeds the maximum (d) NO INFERENCE.—No inference may be ant to a call or order to such duty for a pe- amount described in clause (1) of subsection drawn from the amendments made by this riod in excess of 90 days or for an indefinite (c) of such section (as in effect on such section with respect to the tax treatment of period. date).’’. any amounts under the program described in ‘‘(D) SPECIAL RULES RELATING TO ELEC- (c) EFFECTIVE DATE.—The amendments section 134(b)(4) of the Internal Revenue TION.— made by this section shall apply to payments Code of 1986 (as added by this section) for ‘‘(i) ELECTION LIMITED TO 1 PROPERTY AT A made after the date of the enactment of this any taxable year beginning before January 1, TIME.—An election under subparagraph (A) Act. 2003.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12552 CONGRESSIONAL RECORD — SENATE October 14, 2003 SEC. 107. CLARIFICATION RELATING TO EXCEP- graph (2) with respect to such organization adding at the end the following new subpara- TION FROM ADDITIONAL TAX ON are rescinded pursuant to the law or Execu- graph: CERTAIN DISTRIBUTIONS FROM tive order under which such designation or ‘‘(E) CERTAIN EXPENSES OF MEMBERS OF RE- QUALIFIED TUITION PROGRAMS, SERVE COMPONENTS OF THE ARMED FORCES OF ETC. ON ACCOUNT OF ATTENDANCE identification was made. AT MILITARY ACADEMY. ‘‘(4) DENIAL OF DEDUCTION.—No deduction THE UNITED STATES.—The deductions allowed (a) IN GENERAL.—Subparagraph (B) of sec- shall be allowed under any provision of this by section 162 which consist of expenses, de- tion 530(d)(4) (relating to exceptions from ad- title, including sections 170, 545(b)(2), termined at a rate not in excess of the rates ditional tax for distributions not used for 556(b)(2), 642(c), 2055, 2106(a)(2), and 2522, with for travel expenses (including per diem in educational purposes) is amended by striking respect to any contribution to an organiza- lieu of subsistence) authorized for employees ‘‘or’’ at the end of clause (iii), by redesig- tion described in paragraph (2) during the pe- of agencies under subchapter I of chapter 57 nating clause (iv) as clause (v), and by in- riod described in paragraph (3). of title 5, United States Code, paid or inserting after clause (iii) the following new ‘‘(5) DENIAL OF ADMINISTRATIVE OR JUDICIAL curred by the taxpayer in connection with clause: CHALLENGE OF SUSPENSION OR DENIAL OF DE- the performance of services by such taxpayer ‘‘(iv) made on account of the attendance of DUCTION.—Notwithstanding section 7428 or as a member of a reserve component of the the designated beneficiary at the United any other provision of law, no organization Armed Forces of the United States for any States Military Academy, the United States or other person may challenge a suspension period during which such individual is more Naval Academy, the United States Air Force under paragraph (1), a designation or identi- than 100 miles away from home in connec- Academy, the United States Coast Guard fication described in paragraph (2), the pe- tion with such services.’’. Academy, or the United States Merchant riod of suspension described in paragraph (3), (c) EFFECTIVE DATE.—The amendments Marine Academy, to the extent that the or a denial of a deduction under paragraph made by this section shall apply to amounts amount of the payment or distribution does (4) in any administrative or judicial pro- paid or incurred in taxable years beginning not exceed the costs of advanced education ceeding relating to the Federal tax liability after December 31, 2002. (as defined by section 2005(e)(3) of title 10, of such organization or other person. SEC. 110. TAX RELIEF AND ASSISTANCE FOR FAM- ILIES OF SPACE SHUTTLE COLUM- United States Code, as in effect on the date ‘‘(6) ERRONEOUS DESIGNATION.— BIA HEROES. of the enactment of this section) attrib- ‘‘(A) IN GENERAL.—If— (a) INCOME TAX RELIEF.— utable to such attendance, or’’. ‘‘(i) the tax exemption of any organization (1) IN GENERAL.—Subsection (d) of section (b) EFFECTIVE DATE.—The amendments described in paragraph (2) is suspended under 692 (relating to income taxes of members of made by this section shall apply to taxable paragraph (1), Armed Forces and victims of certain ter- years beginning after December 31, 2002. ‘‘(ii) each designation and identification rorist attacks on death) is amended by add- SEC. 108. SUSPENSION OF TAX-EXEMPT STATUS described in paragraph (2) which has been ing at the end the following new paragraph: OF TERRORIST ORGANIZATIONS. made with respect to such organization is de- ‘‘(5) RELIEF WITH RESPECT TO ASTRO- (a) IN GENERAL.—Section 501 (relating to termined to be erroneous pursuant to the NAUTS.—The provisions of this subsection exemption from tax on corporations, certain law or Executive order under which such des- shall apply to any astronaut whose death oc- trusts, etc.) is amended by redesignating ignation or identification was made, and subsection (p) as subsection (q) and by in- curs in the line of duty, except that para- ‘‘(iii) the erroneous designations and iden- serting after subsection (o) the following new graph (3)(B) shall be applied by using the tifications result in an overpayment of in- subsection: date of the death of the astronaut rather come tax for any taxable year by such orga- ‘‘(p) SUSPENSION OF TAX-EXEMPT STATUS OF than September 11, 2001.’’. nization, TERRORIST ORGANIZATIONS.— (2) CONFORMING AMENDMENTS.— ‘‘(1) IN GENERAL.—The exemption from tax credit or refund (with interest) with respect (A) Section 5(b)(1) is amended by inserting under subsection (a) with respect to any or- to such overpayment shall be made. ‘‘, astronauts,’’ after ‘‘Forces’’. ganization described in paragraph (2), and ‘‘(B) WAIVER OF LIMITATIONS.—If the credit (B) Section 6013(f)(2)(B) is amended by in- the eligibility of any organization described or refund of any overpayment of tax de- serting ‘‘, astronauts,’’ after ‘‘Forces’’. in paragraph (2) to apply for recognition of scribed in subparagraph (A)(iii) is prevented (3) CLERICAL AMENDMENTS.— exemption under subsection (a), shall be sus- at any time by the operation of any law or (A) The heading of section 692 is amended pended during the period described in para- rule of law (including res judicata), such by inserting ‘‘, ASTRONAUTS,’’ after graph (3). credit or refund may nevertheless be allowed ‘‘FORCES’’. ‘‘(2) TERRORIST ORGANIZATIONS.—An organi- or made if the claim therefor is filed before (B) The item relating to section 692 in the zation is described in this paragraph if such the close of the 1-year period beginning on table of sections for part II of subchapter J organization is designated or otherwise indi- the date of the last determination described of chapter 1 is amended by inserting ‘‘, astro- vidually identified— in subparagraph (A)(ii). nauts,’’ after ‘‘Forces’’. ‘‘(A) under section 212(a)(3)(B)(vi)(II) or 219 ‘‘(7) NOTICE OF SUSPENSIONS.—If the tax ex- (4) EFFECTIVE DATE.—The amendments of the Immigration and Nationality Act as a emption of any organization is suspended made by this subsection shall apply with re- terrorist organization or foreign terrorist or- under this subsection, the Internal Revenue spect to any astronaut whose death occurs ganization, Service shall update the listings of tax-ex- after December 31, 2002. ‘‘(B) in or pursuant to an Executive order empt organizations and shall publish appro- (b) DEATH BENEFIT RELIEF.— which is related to terrorism and issued priate notice to taxpayers of such suspension (1) IN GENERAL.—Subsection (i) of section under the authority of the International and of the fact that contributions to such or- 101 (relating to certain death benefits) is Emergency Economic Powers Act or section ganization are not deductible during the pe- amended by adding at the end the following 5 of the United Nations Participation Act of riod of such suspension.’’. new paragraph: 1945 for the purpose of imposing on such or- (b) EFFECTIVE DATE.—The amendments ‘‘(4) RELIEF WITH RESPECT TO ASTRO- ganization an economic or other sanction, or made by this section shall apply to designa- NAUTS.—The provisions of this subsection ‘‘(C) in or pursuant to an Executive order tions made before, on, or after the date of shall apply to any astronaut whose death oc- issued under the authority of any Federal the enactment of this Act. curs in the line of duty.’’. law if— SEC. 109. ABOVE-THE-LINE DEDUCTION FOR (2) CLERICAL AMENDMENT.—The heading for ‘‘(i) the organization is designated or oth- OVERNIGHT TRAVEL EXPENSES OF subsection (i) of section 101 is amended by in- NATIONAL GUARD AND RESERVE erwise individually identified in or pursuant serting ‘‘OR ASTRONAUTS’’ after ‘‘VICTIMS’’. MEMBERS. to such Executive order as supporting or en- (3) EFFECTIVE DATE.—The amendments (a) DEDUCTION ALLOWED.—Section 162 (re- gaging in terrorist activity (as defined in lating to certain trade or business expenses) made by this subsection shall apply to section 212(a)(3)(B) of the Immigration and is amended by redesignating subsection (p) amounts paid after December 31, 2002, with Nationality Act) or supporting terrorism (as as subsection (q) and inserting after sub- respect to deaths occurring after such date. defined in section 140(d)(2) of the Foreign Re- section (o) the following new subsection: (c) ESTATE TAX RELIEF.— lations Authorization Act, Fiscal Years 1988 ‘‘(p) TREATMENT OF EXPENSES OF MEMBERS (1) IN GENERAL.—Section 2201(b) (defining and 1989); and OF RESERVE COMPONENT OF ARMED FORCES OF qualified decedent) is amended by striking ‘‘(ii) such Executive order refers to this THE UNITED STATES.—For purposes of sub- ‘‘and’’ at the end of paragraph (1)(B), by subsection. section (a)(2), in the case of an individual striking the period at the end of paragraph ‘‘(3) PERIOD OF SUSPENSION.—With respect who performs services as a member of a re- (2) and inserting ‘‘, and’’, and by adding at to any organization described in paragraph serve component of the Armed Forces of the the end the following new paragraph: (2), the period of suspension— United States at any time during the taxable ‘‘(3) any astronaut whose death occurs in ‘‘(A) begins on the later of— year, such individual shall be deemed to be the line of duty.’’. ‘‘(i) the date of the first publication of a away from home in the pursuit of a trade or (2) CLERICAL AMENDMENTS.— designation or identification described in business for any period during which such in- (A) The heading of section 2201 is amended paragraph (2) with respect to such organiza- dividual is away from home in connection by inserting ‘‘, DEATHS OF ASTRONAUTS,’’ tion, or with such service.’’. after ‘‘FORCES’’. ‘‘(ii) the date of the enactment of this sub- (b) DEDUCTION ALLOWED WHETHER OR NOT (B) The item relating to section 2201 in the section, and TAXPAYER ELECTS TO ITEMIZE.—Section table of sections for subchapter C of chapter ‘‘(B) ends on the first date that all designa- 62(a)(2) (relating to certain trade and busi- 11 is amended by inserting ‘‘, deaths of astro- tions and identifications described in para- ness deductions of employees) is amended by nauts,’’ after ‘‘Forces’’.

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(3) EFFECTIVE DATE.—The amendments year, the requirements of subparagraph (A) ‘‘(C) the taxpayer contributed over 10 per- made by this subsection shall apply to es- shall be treated as met with respect to such cent of such support, and tates of decedents dying after December 31, individual. ‘‘(D) each person described in subparagraph 2002. ‘‘(4) SPECIAL RULE RELATING TO 2 OR MORE (B) (other than the taxpayer) who contrib- TITLE II—UNIFORM DEFINITION OF CLAIMING QUALIFYING CHILD.— uted over 10 percent of such support files a CHILD ‘‘(A) IN GENERAL.—Except as provided in written declaration (in such manner and subparagraph (B) and subsection (e), if (but SEC. 201. UNIFORM DEFINITION OF CHILD, ETC. form as the Secretary may by regulations Section 152 is amended to read as follows: for this paragraph) an individual may be and prescribe) that such person will not claim is claimed as a qualifying child by 2 or more such individual as a dependent for any tax- ‘‘SEC. 152. DEPENDENT DEFINED. taxpayers for a taxable year beginning in the able year beginning in such calendar year. ‘‘(a) IN GENERAL.—For purposes of this sub- same calendar year, such individual shall be title, the term ‘dependent’ means— ‘‘(4) SPECIAL RULE RELATING TO INCOME OF treated as the qualifying child of the tax- ‘‘(1) a qualifying child, or HANDICAPPED DEPENDENTS.— payer who is— ‘‘(A) IN GENERAL.—For purposes of para- ‘‘(2) a qualifying relative. ‘‘(i) a parent of the individual, or ‘‘(b) EXCEPTIONS.—For purposes of this sec- graph (1)(B), the gross income of an indi- ‘‘(ii) if clause (i) does not apply, the tax- tion— vidual who is permanently and totally dis- payer with the highest adjusted gross income ‘‘(1) DEPENDENTS INELIGIBLE.—If an indi- abled (as defined in section 22(e)(3)) at any for such taxable year. vidual is a dependent of a taxpayer for any time during the taxable year shall not in- ‘‘(B) MORE THAN 1 PARENT CLAIMING QUALI- taxable year of such taxpayer beginning in a clude income attributable to services per- FYING CHILD.—If the parents claiming any formed by the individual at a sheltered calendar year, such individual shall be treat- qualifying child do not file a joint return to- ed as having no dependents for any taxable workshop if— gether, such child shall be treated as the ‘‘(i) the availability of medical care at year of such individual beginning in such qualifying child of— calendar year. such workshop is the principal reason for the ‘‘(i) the parent with whom the child resided individual’s presence there, and ‘‘(2) MARRIED DEPENDENTS.—An individual for the longest period of time during the tax- shall not be treated as a dependent of a tax- ‘‘(ii) the income arises solely from activi- able year, or ties at such workshop which are incident to payer under subsection (a) if such individual ‘‘(ii) if the child resides with both parents has made a joint return with the individual’s such medical care. for the same amount of time during such ‘‘(B) SHELTERED WORKSHOP DEFINED.—For spouse under section 6013 for the taxable taxable year, the parent with the highest ad- year beginning in the calendar year in which purposes of subparagraph (A), the term ‘shel- justed gross income. tered workshop’ means a school— the taxable year of the taxpayer begins. ‘‘(d) QUALIFYING RELATIVE.—For purposes ‘‘(i) which provides special instruction or ‘‘(3) CITIZENS OR NATIONALS OF OTHER COUN- of this section— training designed to alleviate the disability TRIES.— ‘‘(1) IN GENERAL.—The term ‘qualifying rel- of the individual, and ‘‘(A) IN GENERAL.—The term ‘dependent’ ative’ means, with respect to any taxpayer ‘‘(ii) which is operated by an organization does not include an individual who is not a for any taxable year, an individual— described in section 501(c)(3) and exempt citizen or national of the United States un- ‘‘(A) who bears a relationship to the tax- from tax under section 501(a), or by a State, less such individual is a resident of the payer described in paragraph (2), a possession of the United States, any polit- United States or a country contiguous to the ‘‘(B) whose gross income for the calendar United States. year in which such taxable year begins is ical subdivision of any of the foregoing, the United States, or the District of Columbia. ‘‘(B) EXCEPTION FOR ADOPTED CHILD.—Sub- less than the exemption amount (as defined paragraph (A) shall not exclude any child of in section 151(d)), ‘‘(5) SPECIAL RULES FOR SUPPORT.—For pur- a taxpayer (within the meaning of subsection ‘‘(C) with respect to whom the taxpayer poses of this subsection— (f)(1)(B)) from the definition of ‘dependent’ provides over one-half of the individual’s ‘‘(A) payments to a spouse which are in- if— support for the calendar year in which such cludible in the gross income of such spouse ‘‘(i) for the taxable year of the taxpayer, taxable year begins, and under section 71 or 682 shall not be treated as the child has the same principal place of ‘‘(D) who is not a qualifying child of such a payment by the payor spouse for the sup- abode as the taxpayer and is a member of the taxpayer or of any other taxpayer for any port of any dependent, and taxpayer’s household, and taxable year beginning in the calendar year ‘‘(B) in the case of the remarriage of a par- ‘‘(ii) the taxpayer is a citizen or national of in which such taxable year begins. ent, support of a child received from the par- the United States. ‘‘(2) RELATIONSHIP.—For purposes of para- ent’s spouse shall be treated as received from ‘‘(c) QUALIFYING CHILD.—For purposes of graph (1)(A), an individual bears a relation- the parent. this section— ship to the taxpayer described in this para- ‘‘(e) SPECIAL RULE FOR DIVORCED PAR- ‘‘(1) IN GENERAL.—The term ‘qualifying graph if the individual is any of the fol- ENTS.— child’ means, with respect to any taxpayer lowing with respect to the taxpayer: ‘‘(1) IN GENERAL.—Notwithstanding sub- for any taxable year, an individual— ‘‘(A) A child or a descendant of a child. section (c)(4) or (d)(1)(C), if— ‘‘(A) who bears a relationship to the tax- ‘‘(B) A brother, sister, stepbrother, or step- ‘‘(A) a child receives over one-half of the payer described in paragraph (2), sister. child’s support during the calendar year ‘‘(B) who has the same principal place of ‘‘(C) The father or mother, or an ancestor from the child’s parents— abode as the taxpayer for more than one-half of either. ‘‘(i) who are divorced or legally separated of such taxable year, ‘‘(D) A stepfather or stepmother. under a decree of divorce or separate mainte- ‘‘(C) who meets the age requirements of ‘‘(E) A son or daughter of a brother or sis- nance, paragraph (3), and ter of the taxpayer. ‘‘(ii) who are separated under a written ‘‘(D) who has not provided over one-half of ‘‘(F) A brother or sister of the father or separation agreement, or such individual’s own support for the cal- mother of the taxpayer. ‘‘(iii) who live apart at all times during the endar year in which the taxable year of the ‘‘(G) A son-in-law, daughter-in-law, father- last 6 months of the calendar year, and taxpayer begins. in-law, mother-in-law, brother-in-law, or sis- ‘‘(B) such child is in the custody of 1 or ‘‘(2) RELATIONSHIP.—For purposes of para- ter-in-law. both of the child’s parents for more than graph (1)(A), an individual bears a relation- ‘‘(H) An individual (other than an indi- one-half of the calendar year, ship to the taxpayer described in this para- vidual who at any time during the taxable such child shall be treated as being the graph if such individual is— year was the spouse, determined without re- qualifying child or qualifying relative of the ‘‘(A) a child of the taxpayer or a descend- gard to section 7703, of the taxpayer) who, for noncustodial parent for a calendar year if ant of such a child, or the taxable year of the taxpayer, has the the requirements described in paragraph (2) ‘‘(B) a brother, sister, stepbrother, or step- same principal place of abode as the tax- are met. sister of the taxpayer or a descendant of any payer and is a member of the taxpayer’s ‘‘(2) REQUIREMENTS.—For purposes of para- such relative. household. graph (1), the requirements described in this ‘‘(3) AGE REQUIREMENTS.— ‘‘(3) SPECIAL RULE RELATING TO MULTIPLE paragraph are met if— ‘‘(A) IN GENERAL.—For purposes of para- SUPPORT AGREEMENTS.—For purposes of para- ‘‘(A) a decree of divorce or separate main- graph (1)(C), an individual meets the require- graph (1)(C), over one-half of the support of tenance or written separation agreement be- ments of this paragraph if such individual— an individual for a calendar year shall be tween the parents applicable to the taxable ‘‘(i) has not attained the age of 19 as of the treated as received from the taxpayer if— year beginning in such calendar year pro- close of the calendar year in which the tax- ‘‘(A) no one person contributed over one- vides that— able year of the taxpayer begins, or half of such support, ‘‘(i) the noncustodial parent shall be enti- ‘‘(ii) is a student who has not attained the ‘‘(B) over one-half of such support was re- tled to any deduction allowable under sec- age of 24 as of the close of such calendar ceived from 2 or more persons each of whom, tion 151 for such child, or year. but for the fact that any such person alone ‘‘(ii) the custodial parent will sign a writ- ‘‘(B) SPECIAL RULE FOR DISABLED.—In the did not contribute over one-half of such sup- ten declaration (in such manner and form as case of an individual who is permanently and port, would have been entitled to claim such the Secretary may prescribe) that such par- totally disabled (as defined in section individual as a dependent for a taxable year ent will not claim such child as a dependent 22(e)(3)) at any time during such calendar beginning in such calendar year, for such taxable year, or

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12554 CONGRESSIONAL RECORD — SENATE October 14, 2003 ‘‘(B) in the case of such an agreement exe- ‘‘(i) who is presumed by law enforcement ‘‘(A) a dependent of the taxpayer (as de- cuted before January 1, 1985, the noncusto- authorities to have been kidnapped by some- fined in section 152(a)(1)) who has not at- dial parent provides at least $600 for the sup- one who is not a member of the family of tained age 13, port of such child during such calendar year. such child or the taxpayer, and ‘‘(B) a dependent of the taxpayer who is For purposes of subparagraph (B), amounts ‘‘(ii) who had, for the taxable year in which physically or mentally incapable of caring expended for the support of a child or chil- the kidnapping occurred, the same principal for himself or herself and who has the same dren shall be treated as received from the place of abode as the taxpayer for more than principal place of abode as the taxpayer for noncustodial parent to the extent that such one-half of the portion of such year before more than one-half of such taxable year, or the date of the kidnapping, parent provided amounts for such support. ‘‘(C) the spouse of the taxpayer, if the shall be treated as meeting the requirement ‘‘(3) CUSTODIAL PARENT AND NONCUSTODIAL spouse is physically or mentally incapable of of subsection (c)(1)(B) with respect to a tax- caring for himself or herself and who has the PARENT.—For purposes of this subsection— payer for all taxable years ending during the same principal place of abode as the tax- ‘‘(A) CUSTODIAL PARENT.—The term ‘custo- period that the child is kidnapped. dial parent’ means the parent with whom a payer for more than one-half of such taxable ‘‘(B) PURPOSES.—Subparagraph (A) shall child shared the same principal place of year.’’. apply solely for purposes of determining— (c) CONFORMING AMENDMENT.—Paragraph abode for the greater portion of the calendar ‘‘(i) the deduction under section 151(c), year. (1) of section 21(e) is amended to read as fol- ‘‘(ii) the credit under section 24 (relating to lows: ‘‘(B) NONCUSTODIAL PARENT.—The term child tax credit), ‘noncustodial parent’ means the parent who ‘‘(1) PLACE OF ABODE.—An individual shall ‘‘(iii) whether an individual is a surviving not be treated as having the same principal is not the custodial parent. spouse or a head of a household (as such ‘‘(4) EXCEPTION FOR MULTIPLE-SUPPORT place of abode of the taxpayer if at any time terms are defined in section 2), and during the taxable year of the taxpayer the AGREEMENTS.—This subsection shall not ‘‘(iv) the earned income credit under sec- relationship between the individual and the apply in any case where over one-half of the tion 32. taxpayer is in violation of local law.’’. support of the child is treated as having been ‘‘(C) COMPARABLE TREATMENT OF CERTAIN received from a taxpayer under the provision QUALIFYING RELATIVES.—For purposes of this SEC. 204. MODIFICATIONS OF CHILD TAX CREDIT. of subsection (d)(3). section, a child of the taxpayer— (a) IN GENERAL.—Paragraph (1) of section ‘‘(f) OTHER DEFINITIONS AND RULES.—For ‘‘(i) who is presumed by law enforcement 24(c) is amended to read as follows: purposes of this section— authorities to have been kidnapped by some- ‘‘(1) IN GENERAL.—The term ‘qualifying ‘‘(1) CHILD DEFINED.— one who is not a member of the family of child’ means a qualifying child of the tax- ‘‘(A) IN GENERAL.—The term ‘child’ means such child or the taxpayer, and payer (as defined in section 152(c)) who has an individual who is— ‘‘(ii) who was (without regard to this para- not attained age 17.’’. ‘‘(i) a son, daughter, stepson, or step- graph) a qualifying relative of the taxpayer (b) CONFORMING AMENDMENT.—Section daughter of the taxpayer, or for the portion of the taxable year before the 24(c)(2) is amended by striking ‘‘the first sen- ‘‘(ii) an eligible foster child of the tax- date of the kidnapping, tence of section 152(b)(3)’’ and inserting payer. shall be treated as a qualifying relative of ‘‘subparagraph (A) of section 152(b)(3)’’. ‘‘(B) ADOPTED CHILD.—In determining the taxpayer for all taxable years ending during the period that the child is kid- SEC. 205. MODIFICATIONS OF EARNED INCOME whether any of the relationships specified in CREDIT. subparagraph (A)(i) or paragraph (4) exists, a napped. (a) QUALIFYING CHILD.—Paragraph (3) of legally adopted individual of the taxpayer, ‘‘(D) TERMINATION OF TREATMENT.—Sub- section 32(c) is amended to read as follows: or an individual who is placed with the tax- paragraphs (A) and (C) shall cease to apply ‘‘(3) QUALIFYING CHILD.— payer by an authorized placement agency for as of the first taxable year of the taxpayer ‘‘(A) IN GENERAL.—The term ‘qualifying adoption by the taxpayer, shall be treated as beginning after the calendar year in which child’ means a qualifying child of the tax- a child of such individual by blood. there is a determination that the child is payer (as defined in section 152(c), deter- ‘‘(C) ELIGIBLE FOSTER CHILD.—For purposes dead (or, if earlier, in which the child would mined without regard to paragraph (1)(D) of subparagraph (A)(ii), the term ‘eligible have attained age 18). thereof and section 152(e)). foster child’ means an individual who is ‘‘(7) CROSS REFERENCES.— ‘‘(B) MARRIED INDIVIDUAL.—The term placed with the taxpayer by an authorized ‘‘For provision treating child as dependent of ‘qualifying child’ shall not include an indi- placement agency or by judgment, decree, or both parents for purposes of certain provi- vidual who is married as of the close of the other order of any court of competent juris- sions, see sections 105(b), 132(h)(2)(B), and taxpayer’s taxable year unless the taxpayer diction. 213(d)(5).’’. is entitled to a deduction under section 151 ‘‘(2) STUDENT DEFINED.—The term ‘student’ SEC. 202. MODIFICATIONS OF DEFINITION OF for such taxable year with respect to such in- means an individual who during each of 5 HEAD OF HOUSEHOLD. dividual (or would be so entitled but for sec- calendar months during the calendar year in (a) HEAD OF HOUSEHOLD.—Clause (i) of section 152(e)). which the taxable year of the taxpayer be- tion 2(b)(1)(A) is amended to read as follows: ‘‘(C) PLACE OF ABODE.—For purposes of sub- gins— ‘‘(i) a qualifying child of the individual (as paragraph (A), the requirements of section ‘‘(A) is a full-time student at an edu- defined in section 152(c), determined without 152(c)(1)(B) shall be met only if the principal cational organization described in section regard to section 152(e)), but not if such place of abode is in the United States. 170(b)(1)(A)(ii), or child— ‘‘(D) IDENTIFICATION REQUIREMENTS.— ‘‘(B) is pursuing a full-time course of insti- ‘‘(I) is married at the close of the tax- ‘‘(i) IN GENERAL.—A qualifying child shall tutional on-farm training under the super- payer’s taxable year, and not be taken into account under subsection vision of an accredited agent of an edu- ‘‘(II) is not a dependent of such individual (b) unless the taxpayer includes the name, cational organization described in section by reason of section 152(b)(2) or 152(b)(3), or age, and TIN of the qualifying child on the 170(b)(1)(A)(ii) or of a State or political sub- both, or’’. return of tax for the taxable year. division of a State. (b) CONFORMING AMENDMENTS.— ‘‘(ii) OTHER METHODS.—The Secretary may ‘‘(3) DETERMINATION OF HOUSEHOLD STA- (1) Section 2(b)(2) is amended by striking prescribe other methods for providing the in- TUS.—An individual shall not be treated as a subparagraph (A) and by redesignating sub- formation described in clause (i).’’. member of the taxpayer’s household if at any paragraphs (B), (C), and (D) as subparagraphs time during the taxable year of the taxpayer (A), (B), and (C), respectively. (b) CONFORMING AMENDMENTS.— the relationship between such individual and (2) Clauses (i) and (ii) of section 2(b)(3)(B) (1) Section 32(c)(1) is amended by striking the taxpayer is in violation of local law. are amended to read as follows: subparagraph (C) and by redesignating sub- ‘‘(4) BROTHER AND SISTER.—The terms ‘‘(i) subparagraph (H) of section 152(d)(2), paragraphs (D), (E), (F), and (G) as subpara- ‘brother’ and ‘sister’ include a brother or sis- or graphs (C), (D), (E), and (F), respectively. ter by the half blood. ‘‘(ii) paragraph (3) of section 152(d).’’. (2) Section 32(c)(4) is amended by striking ‘‘(5) SPECIAL SUPPORT TEST IN CASE OF STU- SEC. 203. MODIFICATIONS OF DEPENDENT CARE ‘‘(3)(E)’’ and inserting ‘‘(3)(C)’’. CREDIT. DENTS.—For purposes of subsections (c)(1)(D) (3) Section 32(m) is amended by striking and (d)(1)(C), in the case of an individual who (a) IN GENERAL.—Section 21(a)(1) is amend- ‘‘subsections (c)(1)(F)’’ and inserting ‘‘sub- ed by striking ‘‘In the case of an individual is— sections (c)(1)(E)’’. who maintains a household which includes as ‘‘(A) a child of the taxpayer, and a member one or more qualifying individuals SEC. 206. MODIFICATIONS OF DEDUCTION FOR ‘‘(B) a student, PERSONAL EXEMPTION FOR DE- (as defined in subsection (b)(1))’’ and insert- PENDENTS. amounts received as scholarships for study ing ‘‘In the case of an individual for which at an educational organization described in there are 1 or more qualifying individuals (as Subsection (c) of section 151 is amended to section 170(b)(1)(A)(ii) shall not be taken into defined in subsection (b)(1)) with respect to read as follows: account. such individual’’. ‘‘(c) ADDITIONAL EXEMPTION FOR DEPEND- ‘‘(6) TREATMENT OF MISSING CHILDREN.— (b) QUALIFYING INDIVIDUAL.—Paragraph (1) ENTS.—An exemption of the exemption ‘‘(A) IN GENERAL.—Solely for the purposes of section 21(b) is amended to read as follows: amount for each individual who is a depend- referred to in subparagraph (B), a child of ‘‘(1) QUALIFYING INDIVIDUAL.—The term ent (as defined in section 152) of the taxpayer the taxpayer— ‘qualifying individual’ means— for the taxable year.’’.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12555 SEC. 207. TECHNICAL AND CONFORMING AMEND- (23) Section 2057(d)(2)(B) is amended by in- ‘‘SEC. 7528. INTERNAL REVENUE SERVICE USER MENTS. serting ‘‘, determined without regard to sub- FEES. (1) Section 2(a)(1)(B)(i) is amended by in- sections (b)(1), (b)(2), and (d)(1)(B) thereof’’ ‘‘(a) GENERAL RULE.—The Secretary shall serting ‘‘, determined without regard to sub- after ‘‘section 152’’. establish a program requiring the payment sections (b)(1), (b)(2), and (d)(1)(B) thereof’’ (24) Section 7701(a)(17) is amended by strik- of user fees for— after ‘‘section 152’’. ing ‘‘152(b)(4), 682,’’ and inserting ‘‘682’’. ‘‘(1) requests to the Internal Revenue Serv- (2) Section 21(e)(5) is amended— (25) Section 7702B(f)(2)(C)(iii) is amended ice for ruling letters, opinion letters, and de- (A) by striking ‘‘paragraph (2) or (4) of’’ in by striking ‘‘paragraphs (1) through (8) of termination letters, and subparagraph (A), and section 152(a)’’ and inserting ‘‘subparagraphs ‘‘(2) other similar requests. (B) by striking ‘‘within the meaning of sec- (A) through (G) of section 152(d)(2)’’. ‘‘(b) PROGRAM CRITERIA.— tion 152(e)(1)’’ and inserting ‘‘as defined in (26) Section 7703(b)(1) is amended— ‘‘(1) IN GENERAL.—The fees charged under section 152(e)(3)(A)’’. (A) by striking ‘‘151(c)(3)’’ and inserting the program required by subsection (a)— (3) Section 21(e)(6)(B) is amended by strik- ‘‘152(f)(1)’’, and ‘‘(A) shall vary according to categories (or ing ‘‘section 151(c)(3)’’ and inserting ‘‘section (B) by striking ‘‘paragraph (2) or (4) of’’. subcategories) established by the Secretary, ‘‘(B) shall be determined after taking into 152(f)(1)’’. SEC. 208. EFFECTIVE DATE. (4) Section 25B(c)(2)(B) is amended by account the average time for (and difficulty The amendments made by this title shall striking ‘‘151(c)(4)’’ and inserting ‘‘152(f)(2)’’. of) complying with requests in each category apply to taxable years beginning after De- (5)(A) Subparagraphs (A) and (B) of section (and subcategory), and cember 31, 2003. 51(i)(1) are each amended by striking ‘‘para- ‘‘(C) shall be payable in advance. graphs (1) through (8) of section 152(a)’’ both TITLE III—CHILD TAX CREDIT ‘‘(2) EXEMPTIONS, ETC.— places it appears and inserting ‘‘subpara- ‘‘(A) IN GENERAL.—The Secretary shall pro- SEC. 301. ACCELERATION OF INCREASE IN vide for such exemptions (and reduced fees) graphs (A) through (G) of section 152(d)(2)’’. REFUNDABILITY OF THE CHILD TAX (B) Section 51(i)(1)(C) is amended by strik- CREDIT. under such program as the Secretary determines to be appropriate. ing ‘‘152(a)(9)’’ and inserting ‘‘152(d)(2)(H)’’. (a) ACCELERATION OF REFUNDABILITY.— ‘‘(B) EXEMPTION FOR CERTAIN REQUESTS RE- (6) Section 72(t)(2)(D)(i)(III) is amended by (1) IN GENERAL.—Section 24(d)(1)(B)(i) (re- inserting ‘‘, determined without regard to GARDING PENSION PLANS.—The Secretary lating to portion of credit refundable) is shall not require payment of user fees under subsections (b)(1), (b)(2), and (d)(1)(B) there- amended by striking ‘‘(10 percent in the case such program for requests for determination of’’ after ‘‘section 152’’. of taxable years beginning before January 1, letters with respect to the qualified status of (7) Section 72(t)(7)(A)(iii) is amended by 2005)’’. a pension benefit plan maintained solely by striking ‘‘151(c)(3)’’ and inserting ‘‘152(f)(1)’’. (2) ADVANCE PAYMENT.—Subsection (b) of 1 or more eligible employers or any trust (8) Section 42(i)(3)(D)(ii)(I) is amended by section 6429 (relating to advance payment of which is part of the plan. The preceding sen- inserting ‘‘, determined without regard to portion of increased child credit for 2003) is tence shall not apply to any request— subsections (b)(1), (b)(2), and (d)(1)(B) there- amended by striking ‘‘and’’ at the end of ‘‘(i) made after the later of— of’’ after ‘‘section 152’’. paragraph (2), by striking the period at the ‘‘(I) the fifth plan year the pension benefit (9) Subsections (b) and (c)(1) of section 105 end of paragraph (3) and inserting ‘‘, and’’, plan is in existence, or are amended by inserting ‘‘, determined and by adding at the end the following new ‘‘(II) the end of any remedial amendment without regard to subsections (b)(1), (b)(2), paragraph: period with respect to the plan beginning and (d)(1)(B) thereof’’ after ‘‘section 152’’. ‘‘(4) section 24(d)(1)(B)(i) applied without within the first 5 plan years, or (10) Section 120(d)(4) is amended by insert- regard to the first parenthetical therein.’’. ‘‘(ii) made by the sponsor of any prototype ing ‘‘(determined without regard to sub- (3) EARNED INCOME INCLUDES COMBAT PAY.— or similar plan which the sponsor intends to sections (b)(1), (b)(2), and (d)(1)(B) thereof)’’ Section 24(d)(1) is amended by adding at the market to participating employers. after ‘‘section 152’’. end the following new sentence: ‘‘For pur- ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For (11) Section 125(e)(1)(D) is amended by in- poses of subparagraph (B), any amount ex- purposes of subparagraph (B)— serting ‘‘, determined without regard to sub- cluded from gross income by reason of sec- ‘‘(i) PENSION BENEFIT PLAN.—The term sections (b)(1), (b)(2), and (d)(1)(B) thereof’’ tion 112 shall be treated as earned income ‘pension benefit plan’ means a pension, prof- after ‘‘section 152’’. which is taken into account in computing it-sharing, stock bonus, annuity, or em- (12) Section 129(c)(2) is amended by strik- taxable income for the taxable year.’’. ployee stock ownership plan. ing ‘‘151(c)(3)’’ and inserting ‘‘152(f)(1)’’. (b) EFFECTIVE DATES.— ‘‘(ii) ELIGIBLE EMPLOYER.—The term ‘eligi- (13) The first sentence of section (1) SUBSECTIONS (a)(1) AND (a)(3).—The ble employer’ means an eligible employer (as 132(h)(2)(B) is amended by striking amendments made by subsections (a)(1) and defined in section 408(p)(2)(C)(i)(I)) which has ‘‘151(c)(3)’’ and inserting ‘‘152(f)(1)’’. (a)(3) shall apply to taxable years beginning at least 1 employee who is not a highly com- (14) Section 153 is amended by striking after December 31, 2002. pensated employee (as defined in section paragraph (1) and by redesignating para- (2) SUBSECTION (a)(2).—The amendments 414(q)) and is participating in the plan. The graphs (2), (3), and (4) as paragraphs (1), (2), made by subsection (a)(2) shall take effect as determination of whether an employer is an and (3), respectively. if included in the amendments made by sec- eligible employer under subparagraph (B) (15) Section 170(g)(1) is amended by insert- tion 101(b) of the Jobs and Growth Tax Relief shall be made as of the date of the request ing ‘‘(determined without regard to sub- Reconciliation Act of 2003. described in such subparagraph. sections (b)(1), (b)(2), and (d)(1)(B) thereof)’’ SEC. 302. REDUCTION IN MARRIAGE PENALTY IN ‘‘(iii) DETERMINATION OF AVERAGE FEES after ‘‘section 152’’. CHILD TAX CREDIT. CHARGED.—For purposes of any determina- (16) Section 170(g)(3) is amended by strik- tion of average fees charged, any request to ing ‘‘paragraphs (1) through (8) of section (a) IN GENERAL.—Section 24(b)(2) (defining which subparagraph (B) applies shall not be 152(a)’’ and inserting ‘‘subparagraphs (A) threshold amount) is amended— taken into account. through (G) of section 152(d)(2)’’. (1) by inserting ‘‘($115,000 for taxable years ‘‘(3) AVERAGE FEE REQUIREMENT.—The aver- (17) Section 213(a) is amended by inserting beginning in 2008 or 2009, and $150,000 for tax- age fee charged under the program required ‘‘, determined without regard to subsections able years beginning in 2010)’’ after by subsection (a) shall not be less than the (b)(1), (b)(2), and (d)(1)(B) thereof’’ after ‘‘sec- ‘‘$110,000’’, and amount determined under the following tion 152’’. (2) by striking ‘‘$55,000’’ in subparagraph 1 table: (18) The second sentence of section (C) and inserting ‘‘ ⁄2 of the amount in effect 213(d)(11) is amended by striking ‘‘paragraphs under subparagraph (A)’’. Average (1) through (8) of section 152(a)’’ and insert- (b) EFFECTIVE DATE.—The amendments ‘‘Category fee Employee plan ruling and opinion .. $250 ing ‘‘subparagraphs (A) through (G) of sec- made by this section shall apply to taxable years beginning after December 31, 2002. Exempt organization ruling ...... $350 tion 152(d)(2)’’. Employee plan determination ...... $300 (19) Section 220(d)(2)(A) is amended by in- SEC. 303. APPLICATION OF EGTRRA SUNSET TO Exempt organization determina- $275 serting ‘‘, determined without regard to sub- THIS SECTION. tion. sections (b)(1), (b)(2), and (d)(1)(B) thereof’’ Each amendment made by this title shall Chief counsel ruling ...... $200. after ‘‘section 152’’. be subject to title IX of the Economic ‘‘(c) TERMINATION.—No fee shall be imposed (20) Section 221(d)(4) is amended by insert- Growth and Tax Relief Reconciliation Act of under this section with respect to requests ing ‘‘(determined without regard to sub- 2001 to the same extent and in the same man- made after September 30, 2013.’’. sections (b)(1), (b)(2), and (d)(1)(B) thereof)’’ ner as the provision of such Act to which (b) CONFORMING AMENDMENTS.— after ‘‘section 152’’. such amendment relates. (1) The table of sections for chapter 77 is (21) Section 529(e)(2)(B) is amended by TITLE IV—OTHER PROVISIONS amended by adding at the end the following striking ‘‘paragraphs (1) through (8) of sec- new item: tion 152(a)’’ and inserting ‘‘subparagraphs SEC. 401. EXTENSION OF INTERNAL REVENUE (A) through (G) of section 152(d)(2)’’. SERVICE USER FEES. ‘‘Sec. 7528. Internal Revenue Service user (22) Section 2032A(c)(7)(D) is amended by (a) IN GENERAL.—Chapter 77 (relating to fees.’’. striking ‘‘section 151(c)(4)’’ and inserting miscellaneous provisions) is amended by add- (2) Section 10511 of the Revenue Act of 1987 ‘‘section 152(f)(2)’’. ing at the end the following new section: is repealed.

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(3) Section 620 of the Economic Growth and ‘‘(B) COST-OF-LIVING ADJUSTMENT.— vided to the Secretary with respect to such Tax Relief Reconciliation Act of 2001 is re- ‘‘(i) IN GENERAL.—In the case of an expa- property. pealed. triation date occurring in any calendar year ‘‘(B) ADEQUATE SECURITY.—For purposes of (c) LIMITATIONS.—Notwithstanding any after 2003, the $600,000 amount under sub- subparagraph (A), security with respect to other provision of law, any fees collected paragraph (A) shall be increased by an any property shall be treated as adequate se- pursuant to section 7528 of the Internal Rev- amount equal to— curity if— enue Code of 1986, as added by subsection (a), ‘‘(I) such dollar amount, multiplied by ‘‘(i) it is a bond in an amount equal to the shall not be expended by the Internal Rev- ‘‘(II) the cost-of-living adjustment deter- deferred tax amount under paragraph (2) for enue Service unless provided by an appro- mined under section 1(f)(3) for such calendar the property, or priations Act. year, determined by substituting ‘calendar ‘‘(ii) the taxpayer otherwise establishes to (d) EFFECTIVE DATE.—The amendments year 2002’ for ‘calendar year 1992’ in subpara- the satisfaction of the Secretary that the se- made by this section shall apply to requests graph (B) thereof. curity is adequate. made after the date of the enactment of this ‘‘(ii) ROUNDING RULES.—If any amount after ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- Act. adjustment under clause (i) is not a multiple tion may be made under paragraph (1) unless SEC. 402. PARTIAL PAYMENT OF TAX LIABILITY of $1,000, such amount shall be rounded to the taxpayer consents to the waiver of any IN INSTALLMENT AGREEMENTS. the next lower multiple of $1,000. right under any treaty of the United States (a) IN GENERAL.— ‘‘(4) ELECTION TO CONTINUE TO BE TAXED AS which would preclude assessment or collec- (1) Section 6159(a) (relating to authoriza- UNITED STATES CITIZEN.— tion of any tax imposed by reason of this section of agreements) is amended— ‘‘(A) IN GENERAL.—If a covered expatriate tion. (A) by striking ‘‘satisfy liability for pay- elects the application of this paragraph— ‘‘(6) ELECTIONS.—An election under para- ment of’’ and inserting ‘‘make payment on’’, ‘‘(i) this section (other than this paragraph graph (1) shall only apply to property de- and and subsection (i)) shall not apply to the ex- scribed in the election and, once made, is ir- (B) by inserting ‘‘full or partial’’ after ‘‘fa- patriate, but revocable. An election may be made under cilitate’’. ‘‘(ii) in the case of property to which this paragraph (1) with respect to an interest in a (2) Section 6159(c) (relating to Secretary section would apply but for such election, trust with respect to which gain is required required to enter into installment agree- the expatriate shall be subject to tax under to be recognized under subsection (f)(1). ments in certain cases) is amended in the this title in the same manner as if the indi- ‘‘(7) INTEREST.—For purposes of section matter preceding paragraph (1) by inserting vidual were a United States citizen. 6601— ‘‘full’’ before ‘‘payment’’. ‘‘(B) REQUIREMENTS.—Subparagraph (A) ‘‘(A) the last date for the payment of tax (b) REQUIREMENT TO REVIEW PARTIAL PAY- shall not apply to an individual unless the shall be determined without regard to the MENT AGREEMENTS EVERY TWO YEARS.—Sec- individual— election under this subsection, and tion 6159 is amended by redesignating sub- ‘‘(i) provides security for payment of tax in ‘‘(B) section 6621(a)(2) shall be applied by sections (d) and (e) as subsections (e) and (f), such form and manner, and in such amount, substituting ‘5 percentage points’ for ‘3 per- respectively, and inserting after subsection as the Secretary may require, centage points’ in subparagraph (B) thereof. (c) the following new subsection: ‘‘(ii) consents to the waiver of any right of ‘‘(c) COVERED EXPATRIATE.—For purposes ‘‘(d) SECRETARY REQUIRED TO REVIEW IN- the individual under any treaty of the of this section— STALLMENT AGREEMENTS FOR PARTIAL COL- United States which would preclude assess- ‘‘(1) IN GENERAL.—Except as provided in LECTION EVERY TWO YEARS.—In the case of ment or collection of any tax which may be paragraph (2), the term ‘covered expatriate’ an agreement entered into by the Secretary imposed by reason of this paragraph, and means an expatriate. under subsection (a) for partial collection of ‘‘(iii) complies with such other require- ‘‘(2) EXCEPTIONS.—An individual shall not a tax liability, the Secretary shall review ments as the Secretary may prescribe. be treated as a covered expatriate if— the agreement at least once every 2 years.’’. ‘‘(C) ELECTION.—An election under sub- ‘‘(A) the individual— (c) EFFECTIVE DATE.—The amendments paragraph (A) shall apply to all property to ‘‘(i) became at birth a citizen of the United made by this section shall apply to agree- which this section would apply but for the States and a citizen of another country and, ments entered into on or after the date of election and, once made, shall be irrev- as of the expatriation date, continues to be a the enactment of this Act. ocable. Such election shall also apply to citizen of, and is taxed as a resident of, such SEC. 403. REVISION OF TAX RULES ON EXPATRIA- property the basis of which is determined in other country, and TION. whole or in part by reference to the property ‘‘(ii) has not been a resident of the United (a) IN GENERAL.—Subpart A of part II of with respect to which the election was made. States (as defined in section 7701(b)(1)(A)(ii)) subchapter N of chapter 1 is amended by in- ‘‘(b) ELECTION TO DEFER TAX.— during the 5 taxable years ending with the serting after section 877 the following new ‘‘(1) IN GENERAL.—If the taxpayer elects the taxable year during which the expatriation section: application of this subsection with respect to date occurs, or ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- any property treated as sold by reason of ‘‘(B)(i) the individual’s relinquishment of TION. subsection (a), the payment of the additional United States citizenship occurs before such ‘‘(a) GENERAL RULES.—For purposes of this tax attributable to such property shall be individual attains age 181⁄2, and subtitle— postponed until the due date of the return ‘‘(ii) the individual has been a resident of ‘‘(1) MARK TO MARKET.—Except as provided for the taxable year in which such property the United States (as so defined) for not in subsections (d) and (f), all property of a is disposed of (or, in the case of property dis- more than 5 taxable years before the date of covered expatriate to whom this section ap- posed of in a transaction in which gain is not relinquishment. plies shall be treated as sold on the day be- recognized in whole or in part, until such ‘‘(d) EXEMPT PROPERTY; SPECIAL RULES FOR fore the expatriation date for its fair market other date as the Secretary may prescribe). PENSION PLANS.— value. ‘‘(2) DETERMINATION OF TAX WITH RESPECT ‘‘(1) EXEMPT PROPERTY.—This section shall ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the TO PROPERTY.—For purposes of paragraph (1), not apply to the following: case of any sale under paragraph (1)— the additional tax attributable to any prop- ‘‘(A) UNITED STATES REAL PROPERTY INTER- ‘‘(A) notwithstanding any other provision erty is an amount which bears the same ESTS.—Any United States real property in- of this title, any gain arising from such sale ratio to the additional tax imposed by this terest (as defined in section 897(c)(1)), other shall be taken into account for the taxable chapter for the taxable year solely by reason than stock of a United States real property year of the sale, and of subsection (a) as the gain taken into ac- holding corporation which does not, on the ‘‘(B) any loss arising from such sale shall count under subsection (a) with respect to day before the expatriation date, meet the be taken into account for the taxable year of such property bears to the total gain taken requirements of section 897(c)(2). the sale to the extent otherwise provided by into account under subsection (a) with re- ‘‘(B) SPECIFIED PROPERTY.—Any property this title, except that section 1091 shall not spect to all property to which subsection (a) or interest in property not described in sub- apply to any such loss. applies. paragraph (A) which the Secretary specifies Proper adjustment shall be made in the ‘‘(3) TERMINATION OF POSTPONEMENT.—No in regulations. amount of any gain or loss subsequently re- tax may be postponed under this subsection ‘‘(2) SPECIAL RULES FOR CERTAIN RETIRE- alized for gain or loss taken into account later than the due date for the return of tax MENT PLANS.— under the preceding sentence. imposed by this chapter for the taxable year ‘‘(A) IN GENERAL.—If a covered expatriate ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— which includes the date of death of the expa- holds on the day before the expatriation date ‘‘(A) IN GENERAL.—The amount which, but triate (or, if earlier, the time that the secu- any interest in a retirement plan to which for this paragraph, would be includible in the rity provided with respect to the property this paragraph applies— gross income of any individual by reason of fails to meet the requirements of paragraph ‘‘(i) such interest shall not be treated as this section shall be reduced (but not below (4), unless the taxpayer corrects such failure sold for purposes of subsection (a)(1), but zero) by $600,000. For purposes of this para- within the time specified by the Secretary). ‘‘(ii) an amount equal to the present value graph, allocable expatriation gain taken into ‘‘(4) SECURITY.— of the expatriate’s nonforfeitable accrued account under subsection (f)(2) shall be ‘‘(A) IN GENERAL.—No election may be benefit shall be treated as having been re- treated in the same manner as an amount re- made under paragraph (1) with respect to ceived by such individual on such date as a quired to be includible in gross income. any property unless adequate security is pro- distribution under the plan.

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‘‘(B) TREATMENT OF SUBSEQUENT DISTRIBU- ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- the trust with respect to nonvested interests TIONS.—In the case of any distribution on or term resident’ has the meaning given to such not held by such person. after the expatriation date to or on behalf of term by section 877(e)(2). ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For the covered expatriate from a plan from ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- purposes of this paragraph, the allocable ex- which the expatriate was treated as receiv- FICIARIES’ INTERESTS IN TRUST.— patriation gain with respect to any bene- ing a distribution under subparagraph (A), ‘‘(1) IN GENERAL.—Except as provided in ficiary’s interest in a trust is the amount of the amount otherwise includible in gross in- paragraph (2), if an individual is determined gain which would be allocable to such bene- come by reason of the subsequent distribu- under paragraph (3) to hold an interest in a ficiary’s vested and nonvested interests in tion shall be reduced by the excess of the trust on the day before the expatriation the trust if the beneficiary held directly all date— amount includible in gross income under assets allocable to such interests. subparagraph (A) over any portion of such ‘‘(A) the individual shall not be treated as ‘‘(E) TAX DEDUCTED AND WITHHELD.— amount to which this subparagraph pre- having sold such interest, ‘‘(i) IN GENERAL.—The tax imposed by sub- viously applied. ‘‘(B) such interest shall be treated as a sep- paragraph (A)(ii) shall be deducted and with- ‘‘(C) TREATMENT OF SUBSEQUENT DISTRIBU- arate share in the trust, and held by the trustees from the distribution to TIONS BY PLAN.—For purposes of this title, a ‘‘(C)(i) such separate share shall be treated which it relates. retirement plan to which this paragraph ap- as a separate trust consisting of the assets ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE plies, and any person acting on the plan’s be- allocable to such share, TREATY RIGHTS.—If an amount may not be half, shall treat any subsequent distribution ‘‘(ii) the separate trust shall be treated as deducted and withheld under clause (i) by described in subparagraph (B) in the same having sold its assets on the day before the manner as such distribution would be treat- expatriation date for their fair market value reason of the distributee failing to waive any ed without regard to this paragraph. and as having distributed all of its assets to treaty right with respect to such distribution— ‘‘(D) APPLICABLE PLANS.—This paragraph the individual as of such time, and shall apply to— ‘‘(iii) the individual shall be treated as ‘‘(I) the tax imposed by subparagraph ‘‘(i) any qualified retirement plan (as de- having recontributed the assets to the sepa- (A)(ii) shall be imposed on the trust and each fined in section 4974(c)), rate trust. trustee shall be personally liable for the ‘‘(ii) an eligible deferred compensation Subsection (a)(2) shall apply to any income, amount of such tax, and plan (as defined in section 457(b)) of an eligi- gain, or loss of the individual arising from a ‘‘(II) any other beneficiary of the trust ble employer described in section distribution described in subparagraph shall be entitled to recover from the dis- 457(e)(1)(A), and (C)(ii). In determining the amount of such tributee the amount of such tax imposed on ‘‘(iii) to the extent provided in regulations, distribution, proper adjustments shall be the other beneficiary. any foreign pension plan or similar retire- made for liabilities of the trust allocable to ‘‘(F) DISPOSITION.—If a trust ceases to be a ment arrangements or programs. an individual’s share in the trust. qualified trust at any time, a covered expa- ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- triate disposes of an interest in a qualified ‘‘(e) DEFINITIONS.—For purposes of this sec- FIED TRUSTS.— trust, or a covered expatriate holding an in- tion— ‘‘(A) IN GENERAL.—If the trust interest de- terest in a qualified trust dies, then, in lieu ‘‘(1) EXPATRIATE.—The term ‘expatriate’ scribed in paragraph (1) is an interest in a of the tax imposed by subparagraph (A)(ii), means— qualified trust— there is hereby imposed a tax equal to the ‘‘(A) any United States citizen who relin- ‘‘(i) paragraph (1) and subsection (a) shall lesser of— quishes citizenship, and not apply, and ‘‘(i) the tax determined under paragraph (1) ‘‘(B) any long-term resident of the United ‘‘(ii) in addition to any other tax imposed States who— as if the day before the expatriation date by this title, there is hereby imposed on each were the date of such cessation, disposition, ‘‘(i) ceases to be a lawful permanent resi- distribution with respect to such interest a dent of the United States (within the mean- or death, whichever is applicable, or tax in the amount determined under sub- ‘‘(ii) the balance in the tax deferred ac- ing of section 7701(b)(6)), or paragraph (B). count immediately before such date. ‘‘(ii) commences to be treated as a resident ‘‘(B) AMOUNT OF TAX.—The amount of tax Such tax shall be imposed on the trust and of a foreign country under the provisions of under subparagraph (A)(ii) shall be equal to each trustee shall be personally liable for the a tax treaty between the United States and the lesser of— the foreign country and who does not waive ‘‘(i) the highest rate of tax imposed by sec- amount of such tax and any other bene- the benefits of such treaty applicable to resi- tion 1(e) for the taxable year which includes ficiary of the trust shall be entitled to re- dents of the foreign country. the day before the expatriation date, multi- cover from the covered expatriate or the es- ‘‘(2) EXPATRIATION DATE.—The term ‘expa- plied by the amount of the distribution, or tate the amount of such tax imposed on the triation date’ means— ‘‘(ii) the balance in the deferred tax ac- other beneficiary. ‘‘(A) the date an individual relinquishes count immediately before the distribution ‘‘(G) DEFINITIONS AND SPECIAL RULES.—For United States citizenship, or determined without regard to any increases purposes of this paragraph— ‘‘(B) in the case of a long-term resident of under subparagraph (C)(ii) after the 30th day ‘‘(i) QUALIFIED TRUST.—The term ‘qualified the United States, the date of the event de- preceding the distribution. trust’ means a trust which is described in scribed in clause (i) or (ii) of paragraph ‘‘(C) DEFERRED TAX ACCOUNT.—For purposes section 7701(a)(30)(E). (1)(B). of subparagraph (B)(ii)— ‘‘(ii) VESTED INTEREST.—The term ‘vested ‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A ‘‘(i) OPENING BALANCE.—The opening bal- interest’ means any interest which, as of the citizen shall be treated as relinquishing ance in a deferred tax account with respect day before the expatriation date, is vested in United States citizenship on the earliest of— to any trust interest is an amount equal to the beneficiary. ‘‘(A) the date the individual renounces the tax which would have been imposed on ‘‘(iii) NONVESTED INTEREST.—The term such individual’s United States nationality the allocable expatriation gain with respect ‘nonvested interest’ means, with respect to before a diplomatic or consular officer of the to the trust interest if such gain had been in- any beneficiary, any interest in a trust United States pursuant to paragraph (5) of cluded in gross income under subsection (a). which is not a vested interest. Such interest section 349(a) of the Immigration and Na- ‘‘(ii) INCREASE FOR INTEREST.—The balance shall be determined by assuming the max- tionality Act (8 U.S.C. 1481(a)(5)), in the deferred tax account shall be in- imum exercise of discretion in favor of the ‘‘(B) the date the individual furnishes to creased by the amount of interest deter- the United States Department of State a beneficiary and the occurrence of all contin- mined (on the balance in the account at the gencies in favor of the beneficiary. signed statement of voluntary relinquish- time the interest accrues), for periods after ment of United States nationality con- ‘‘(iv) ADJUSTMENTS.—The Secretary may the 90th day after the expatriation date, by provide for such adjustments to the bases of firming the performance of an act of expa- using the rates and method applicable under assets in a trust or a deferred tax account, triation specified in paragraph (1), (2), (3), or section 6621 for underpayments of tax for and the timing of such adjustments, in order (4) of section 349(a) of the Immigration and such periods, except that section 6621(a)(2) to ensure that gain is taxed only once. Nationality Act (8 U.S.C. 1481(a)(1)–(4)), shall be applied by substituting ‘5 percentage ‘‘(C) the date the United States Depart- points’ for ‘3 percentage points’ in subpara- ‘‘(v) COORDINATION WITH RETIREMENT PLAN ment of State issues to the individual a cer- graph (B) thereof. RULES.—This subsection shall not apply to tificate of loss of nationality, or ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY an interest in a trust which is part of a re- ‘‘(D) the date a court of the United States PAID.—The balance in the tax deferred ac- tirement plan to which subsection (d)(2) ap- cancels a naturalized citizen’s certificate of count shall be reduced— plies. naturalization. ‘‘(I) by the amount of taxes imposed by ‘‘(3) DETERMINATION OF BENEFICIARIES’ IN- Subparagraph (A) or (B) shall not apply to subparagraph (A) on any distribution to the TEREST IN TRUST.— any individual unless the renunciation or person holding the trust interest, and ‘‘(A) DETERMINATIONS UNDER PARAGRAPH voluntary relinquishment is subsequently ‘‘(II) in the case of a person holding a non- (1).—For purposes of paragraph (1), a bene- approved by the issuance to the individual of vested interest, to the extent provided in ficiary’s interest in a trust shall be based a certificate of loss of nationality by the regulations, by the amount of taxes imposed upon all relevant facts and circumstances, United States Department of State. by subparagraph (A) on distributions from including the terms of the trust instrument

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12558 CONGRESSIONAL RECORD — SENATE October 14, 2003 and any letter of wishes or similar docu- ‘‘(B) it is established to the satisfaction of compliance with section 877A (and if not in ment, historical patterns of trust distribu- the Secretary that no further tax liability compliance, any items of noncompliance) to tions, and the existence of and functions per- may arise by reason of this section. officers and employees of the Federal agency formed by a trust protector or any similar ‘‘(3) CERTAIN RULES APPLY.—The rules set responsible for administering section adviser. forth in paragraphs (1), (3), and (4) of section 212(a)(10)(E) of the Immigration and Nation- ‘‘(B) OTHER DETERMINATIONS.—For purposes 6324A(d) shall apply with respect to the lien ality Act solely for the purpose of, and to the of this section— imposed by this subsection as if it were a extent necessary in, administering such sec- ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- lien imposed by section 6324A. tion 212(a)(10)(E).’’. ficiary of a trust is a corporation, partner- ‘‘(j) REGULATIONS.—The Secretary shall (B) SAFEGUARDS.— ship, trust, or estate, the shareholders, part- prescribe such regulations as may be nec- (i) TECHNICAL AMENDMENTS.—Paragraph (4) ners, or beneficiaries shall be deemed to be essary or appropriate to carry out the pur- of section 6103(p), as amended by section the trust beneficiaries for purposes of this poses of this section.’’. 202(b)(2)(B) of the Trade Act of 2002 (Public section. (b) INCLUSION IN INCOME OF GIFTS AND BE- Law 107–210; 116 Stat. 961), is amended by ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- QUESTS RECEIVED BY UNITED STATES CITIZENS striking ‘‘or (17)’’ after ‘‘any other person de- payer shall clearly indicate on its income AND RESIDENTS FROM EXPATRIATES.—Section scribed in subsection (l)(16)’’ each place it tax return— 102 (relating to gifts, etc. not included in appears and inserting ‘‘or (18)’’. ‘‘(I) the methodology used to determine gross income) is amended by adding at the (ii) CONFORMING AMENDMENTS.—Section that taxpayer’s trust interest under this sec- end the following new subsection: 6103(p)(4) (relating to safeguards), as amend- tion, and ‘‘(d) GIFTS AND INHERITANCES FROM COV- ed by clause (i), is amended by striking ‘‘or ‘‘(II) if the taxpayer knows (or has reason ERED EXPATRIATES.— (18)’’ after ‘‘any other person described in to know) that any other beneficiary of such ‘‘(1) IN GENERAL.—Subsection (a) shall not subsection (l)(16)’’ each place it appears and trust is using a different methodology to de- exclude from gross income the value of any inserting ‘‘(18), or (19)’’. termine such beneficiary’s trust interest property acquired by gift, bequest, devise, or (3) EFFECTIVE DATES.— under this section. inheritance from a covered expatriate after (A) IN GENERAL.—Except as provided in ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In the expatriation date. For purposes of this subparagraph (B), the amendments made by the case of any covered expatriate, notwith- subsection, any term used in this subsection this subsection shall apply to individuals standing any other provision of this title— which is also used in section 877A shall have who relinquish United States citizenship on ‘‘(1) any period during which recognition of the same meaning as when used in section or after the date of the enactment of this income or gain is deferred shall terminate on 877A. Act. the day before the expatriation date, and ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE (B) TECHNICAL AMENDMENTS.—The amend- ‘‘(2) any extension of time for payment of SUBJECT TO ESTATE OR GIFT TAX.—Paragraph ments made by paragraph (2)(B)(i) shall take tax shall cease to apply on the day before the (1) shall not apply to any property if either— effect as if included in the amendments made expatriation date and the unpaid portion of ‘‘(A) the gift, bequest, devise, or inherit- by section 202(b)(2)(B) of the Trade Act of such tax shall be due and payable at the time ance is— 2002 (Public Law 107–210; 116 Stat. 961). and in the manner prescribed by the Sec- ‘‘(i) shown on a timely filed return of tax (e) CONFORMING AMENDMENTS.— retary. imposed by chapter 12 as a taxable gift by (1) Section 877 is amended by adding at the ‘‘(h) IMPOSITION OF TENTATIVE TAX.— the covered expatriate, or end the following new subsection: ‘‘(1) IN GENERAL.—If an individual is re- ‘‘(ii) included in the gross estate of the ‘‘(g) APPLICATION.—This section shall not quired to include any amount in gross in- covered expatriate for purposes of chapter 11 apply to an expatriate (as defined in section come under subsection (a) for any taxable and shown on a timely filed return of tax im- 877A(e)) whose expatriation date (as so de- year, there is hereby imposed, immediately posed by chapter 11 of the estate of the cov- fined) occurs on or after February 5, 2003.’’. before the expatriation date, a tax in an ered expatriate, or (2) Section 2107 is amended by adding at amount equal to the amount of tax which ‘‘(B) no such return was timely filed but no the end the following new subsection: would be imposed if the taxable year were a such return would have been required to be ‘‘(f) APPLICATION.—This section shall not short taxable year ending on the expatria- filed even if the covered expatriate were a apply to any expatriate subject to section tion date. citizen or long-term resident of the United 877A.’’. ‘‘(2) DUE DATE.—The due date for any tax States.’’. (3) Section 2501(a)(3) is amended by adding imposed by paragraph (1) shall be the 90th (c) DEFINITION OF TERMINATION OF UNITED at the end the following new subparagraph: day after the expatriation date. STATES CITIZENSHIP.—Section 7701(a) is ‘‘(F) APPLICATION.—This paragraph shall ‘‘(3) TREATMENT OF TAX.—Any tax paid amended by adding at the end the following not apply to any expatriate subject to sec- under paragraph (1) shall be treated as a pay- new paragraph: tion 877A.’’. ment of the tax imposed by this chapter for ‘‘(48) TERMINATION OF UNITED STATES CITI- (4)(A) Paragraph (1) of section 6039G(d) is the taxable year to which subsection (a) ap- ZENSHIP.— amended by inserting ‘‘or 877A’’ after ‘‘sec- plies. ‘‘(A) IN GENERAL.—An individual shall not tion 877’’. ‘‘(4) DEFERRAL OF TAX.—The provisions of cease to be treated as a United States citizen (B) The second sentence of section 6039G(e) subsection (b) shall apply to the tax imposed before the date on which the individual’s is amended by inserting ‘‘or who relinquishes by this subsection to the extent attributable citizenship is treated as relinquished under United States citizenship (within the mean- to gain includible in gross income by reason section 877A(e)(3). ing of section 877A(e)(3))’’ after ‘‘877(a))’’. of this section. ‘‘(B) DUAL CITIZENS.—Under regulations (C) Section 6039G(f) is amended by insert- ‘‘(i) SPECIAL LIENS FOR DEFERRED TAX prescribed by the Secretary, subparagraph ing ‘‘or 877A(e)(2)(B)’’ after ‘‘877(e)(1)’’. (f) CLERICAL AMENDMENT.—The table of AMOUNTS.— (A) shall not apply to an individual who be- sections for subpart A of part II of sub- ‘‘(1) IMPOSITION OF LIEN.— came at birth a citizen of the United States chapter N of chapter 1 is amended by insert- ‘‘(A) IN GENERAL.—If a covered expatriate and a citizen of another country.’’. ing after the item relating to section 877 the makes an election under subsection (a)(4) or (d) INELIGIBILITY FOR VISA OR ADMISSION TO following new item: (b) which results in the deferral of any tax UNITED STATES.— imposed by reason of subsection (a), the de- (1) IN GENERAL.—Section 212(a)(10)(E) of the ‘‘Sec. 877A. Tax responsibilities of expatria- ferred amount (including any interest, addi- Immigration and Nationality Act (8 U.S.C. tion.’’. tional amount, addition to tax, assessable 1182(a)(10)(E)) is amended to read as follows: (g) EFFECTIVE DATE.— penalty, and costs attributable to the de- ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE (1) IN GENERAL.—Except as provided in this ferred amount) shall be a lien in favor of the WITH EXPATRIATION REVENUE PROVISIONS.— subsection, the amendments made by this United States on all property of the expa- Any alien who is a former citizen of the section shall apply to expatriates (within the triate located in the United States (without United States who relinquishes United meaning of section 877A(e) of the Internal regard to whether this section applies to the States citizenship (within the meaning of Revenue Code of 1986, as added by this sec- property). section 877A(e)(3) of the Internal Revenue tion) whose expatriation date (as so defined) ‘‘(B) DEFERRED AMOUNT.—For purposes of Code of 1986) and who is not in compliance occurs on or after February 5, 2003. this subsection, the deferred amount is the with section 877A of such Code (relating to (2) GIFTS AND BEQUESTS.—Section 102(d) of amount of the increase in the covered expa- expatriation).’’. the Internal Revenue Code of 1986 (as added triate’s income tax which, but for the elec- (2) AVAILABILITY OF INFORMATION.— by subsection (b)) shall apply to gifts and be- tion under subsection (a)(4) or (b), would (A) IN GENERAL.—Section 6103(l) (relating quests received on or after February 5, 2003, have occurred by reason of this section for to disclosure of returns and return informa- from an individual or the estate of an indi- the taxable year including the expatriation tion for purposes other than tax administra- vidual whose expatriation date (as so de- date. tion) is amended by adding at the end the fined) occurs after such date. ‘‘(2) PERIOD OF LIEN.—The lien imposed by following new paragraph: (3) DUE DATE FOR TENTATIVE TAX.—The due this subsection shall arise on the expatria- ‘‘(19) DISCLOSURE TO DENY VISA OR ADMIS- date under section 877A(h)(2) of the Internal tion date and continue until— SION TO CERTAIN EXPATRIATES.—Upon written Revenue Code of 1986, as added by this sec- ‘‘(A) the liability for tax by reason of this request of the Attorney General or the At- tion, shall in no event occur before the 90th section is satisfied or has become unenforce- torney General’s delegate, the Secretary day after the date of the enactment of this able by reason of lapse of time, or shall disclose whether an individual is in Act.

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SEC. 404. EXTENSION OF CUSTOMS USER FEES. (g) SECRETARY CONCERNED DEFINED.—In the same manner as the provision of such Section 13031(j)(3) of the Consolidated Om- this section, the term ‘‘Secretary concerned’’ Act to which such amendment relates. nibus Budget Reconciliation Act of 1985 (19 means the following: (c) TEMPORARY SUSPENSION OF TAXATION OF U.S.C. 58c(j)(3)) is amended by striking ‘‘Sep- (1) The Secretary of the Army with respect DIVIDENDS AT CAPITAL GAINS RATES.— tember 30, 2003’’ and inserting ‘‘March 31, to matters concerning members of the Army. (1) IN GENERAL.—Subsection (f) of section 2010’’. (2) The Secretary of the Navy with respect 302 of the Jobs and Growth Tax Relief Rec- to matters concerning members of the Navy, onciliation Act of 2003 is amended to read as SA 1830. Mr. BINGAMAN (for him- Marine Corps, and Coast Guard when it is op- follows: self, Mr. LUGAR, Mr. LIEBERMAN, Mr. erating as a service in the Navy. ‘‘(f) EFFECTIVE DATE.— BAYH, Mrs. CLINTON, Mr. DURBIN, Ms. (3) The Secretary of the Air Force with re- ‘‘(1) IN GENERAL.—Except as provided in LANDRIEU, Mrs. LINCOLN, Mr. SMITH, spect to matters concerning members of the paragraph (2), the amendments made by this Mr. REID, Mr. CORZINE, Mr. CONRAD, Air Force. section shall apply to taxable years— ‘‘(A) beginning after December 31, 2002, and Mr. BYRD, Mr. LEAHY, and Mr. JEF- (4) The Secretary of Homeland Security with respect to matters concerning members before January 1, 2004, and FORDS) proposed an amendment to the ‘‘(B) beginning after December 31, 2006. bill S. 1689, making emergency supple- of the Coast Guard when it is not operating as a service in the Navy. ‘‘(2) REGULATED INVESTMENT COMPANIES mental appropriations for Iraq and Af- AND REAL ESTATE INVESTMENT TRUSTS.—In ghanistan security and reconstruction SA 1831. Mr. BAUCUS submitted an the case of a regulated investment company for the fiscal year ending September 30, amendment intended to be proposed by or a real estate investment trust, the amend- 2004, and for other purposes; as follows: him to the bill S. 1689, making emer- ments made by this section shall apply to At the appropriate place, insert the fol- gency supplemental appropriations for taxable years described is paragraph (1); ex- lowing: Iraq and Afghanistan security and re- cept that dividends received by such a company or trust— SEC. ll. (a) FINDINGS.—Congress makes construction for the fiscal year ending the following findings: ‘‘(A) before January 1, 2003, and (1) According to President George W. Bush, September 30, 2004, and for other pur- ‘‘(B) after December 31, 2003, and before Operation Iraqi Freedom was ‘‘fought for the poses; which was ordered to lie on the January 1, 2007, cause of liberty, and for the peace of the table; as follows: shall not be treated as qualified dividend in- world . . .’’ and ‘‘to free a nation by breaking At the appropriate place insert the fol- come (as defined in section 1(h)(11)(B) of the a dangerous and aggressive regime’’. lowing: Internal Revenue Code of 1986, as added by (2) The military victory in Iraq has been SEC. ll. REVENUE PROVISIONS. this Act).’’. characterized by President George W. Bush (a) REVERSAL OF ACCELERATION OF REDUC- (2) APPLICATION OF JGTRRA SUNSET TO THIS as one of the ‘‘swiftest advances in heavy TION IN HIGHEST INCOME TAX RATE.— SUBSECTION.—The amendment made by this arms in history’’. (1) IN GENERAL.—The table contained in subsection shall be subject to section 303 of (3) There are more than 130,000 Soldiers, paragraph (2) of section 1(i) (relating to re- the Jobs and Growth Tax Relief Reconcili- Sailors, Airmen, and Marines of the United ductions in rates after June 30, 2001) is ation Act of 2003 to the same extent and in States serving in the Iraqi Theater of Oper- amended to read as follows: the same manner as the provision of such ations, far from family and friends, and for Act to which such amendment relates. an unknown duration. (4) Since the beginning of Operation Iraqi The corresponding percentages shall SA 1832. Mr. FEINGOLD submitted Freedom, almost 300 members of the Armed ‘‘In the case of taxable years be substituted for the following per- an amendment intended to be proposed beginning during calendar centages: Forces of the United States have died in Iraq year: by him to the bill S. 1689, making and nearly 1,500 have been wounded in ac- 28% 31% 36% 39.6% emergency supplemental appropriation. 2001 ...... 27.5% 30.5% 35.5% 39.1% tions for Iraq and Afghanistan security (5) Congress has authorized and Presidents 2002 ...... 27.0% 30.0% 35.0% 38.6% and reconstruction for the fiscal year have issued specific decorations recognizing 2003 ...... 25.0% 28.0% 33.0% 35.0% ending September 30, 2004, and for the sacrifice and service of the members of 2004 and 2005 ...... 25.0% 28.0% 33.0% 37.6% 2006 and thereafter ...... 25.0% 28.0% 33.0% 35.0%’’. the Armed Forces of the United States in the other purposes; which was ordered to Korean War, the Vietnam conflict, and the lie on the table; as follows: (2) EFFECTIVE DATE.—The amendment liberation of Kuwait. On page 35, line 14, strike ‘‘available,’’ and made by this subsection shall apply to tax- insert ‘‘available in both English and Ara- (6) Current Department of Defense guid- able years beginning after December 31, 2003. ance authorizes the award of only one expe- bic,’’. (3) APPLICATION OF EGTRRA SUNSET TO THIS ditionary medal for overseas duty in Afghan- SUBSECTION.—The amendment made by this SA 1833. Mr. LEAHY submitted an istan, the Philippines, and Iraq. subsection shall be subject to title IX of the (7) The conflict in Iraq is significant amendment intended to be proposed by Economic Growth and Tax Relief Reconcili- him to the bill S. 1689, making emer- enough in scope and sacrifice to warrant a ation Act of 2001 to the same extent and in specific military decoration for the libera- the same manner as the provision of such gency supplemental appropriations for tion of Iraq. Act to which such amendment relates. Iraq and Afghanistan security and re- (b) AUTHORIZATION OF AWARD OF CAMPAIGN (b) TEMPORARY SUSPENSION OF REDUCTION construction for the fiscal year ending MEDAL.—The Secretary concerned may IN CAPITAL GAINS RATES FOR INDIVIDUALS.— September 30, 2004, and for other pur- award a campaign medal of appropriate de- (1) IN GENERAL.—Subsection (d) of section sign, with ribbons and appurtenances, to any poses; which was ordered to lie on the 301 of the Jobs and Growth Tax Relief Rec- person who serves in any capacity with the table; as follows: onciliation Act of 2003 is amended to read as Armed Forces in the Southwest Asia region At the appropriate place insert: follows: SEC. . None of the funds made available in connection with Operation Iraqi Freedom. ‘‘(d) EFFECTIVE DATES.— (c) NAME OF MEDAL.—The campaign medal in this or any other Act for fiscal year 2004 ‘‘(1) IN GENERAL.—Except as otherwise pro- authorized by subsection (b) shall be known may be used for any defense or reconstruc- vided by this subsection, the amendments as the ‘‘Iraqi Liberation Medal’’. tion activities in Iraq or Aghanistan coordi- made by this section shall apply to taxable (d) PROHIBITION ON CONCURRENT AWARD OF nated by any officer of the United States years— GLOBAL WAR ON TERRORISM EXPEDITIONARY Government whose office is not subject to ‘‘(A) ending on or after May 6, 2003, and be- MEDAL.—A person who is awarded the cam- appointment by the President by and with ginning before January 1, 2004, and paign medal authorized by subsection (b) for the advice and consent of the Senate. ‘‘(B) beginning after December 31, 2006. service described in that subsection may not ‘‘(2) WITHHOLDING.—The amendment made also be awarded the Global War on Terrorism SA 1834. Mr. REED (for himself, Mr. by subsection (a)(2)(C) shall apply to Expeditionary Medal for that service. HAGEL, and Mr. LEVIN) submitted an amounts paid after the date of the enact- (e) OTHER LIMITATIONS.—The award of the amendment intended to be proposed by campaign medal authorized by subsection (b) ment of this Act, but only with respect to him to the bill S. 1689, making emer- taxable years described in paragraph (1). shall be subject to such limitations as the gency supplemental appropriations for ‘‘(3) SMALL BUSINESS STOCK.—The amend- President may prescribe. Iraq and Afghanistan security and re- (f) REGULATIONS.—(1) Each Secretary con- ments made by subsection (b)(3) shall apply cerned shall prescribe regulations on the to dispositions— construction for the fiscal year ending award of the campaign medal authorized by ‘‘(A) on or after May 6, 2003, and before September 30, 2004, and for other pur- subsection (b). January 1, 2004, and poses; as follows: (2) The regulations prescribed under para- ‘‘(B) after December 31, 2006.’’. On page 22, between lines 12 and 13, insert graph (1) shall not go into effect until ap- (2) APPLICATION OF JGTRRA SUNSET TO THIS the following: proved by the Secretary of Defense. SUBSECTION.—The amendment made by this SEC. 316. (a) In addition to the strengths (3) The Secretary of Defense shall ensure subsection shall be subject to section 303 of authorized by law for personnel of the Army that the regulations prescribed under para- the Jobs and Growth Tax Relief Reconcili- as of September 30, 2004, pursuant to paragraph (1) are uniform, so far as practicable. ation Act of 2003 to the same extent and in graphs (1) and (2) of section 115(a) of title 10,

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12560 CONGRESSIONAL RECORD — SENATE October 14, 2003 United States Code, the Army is hereby au- ‘‘1414. Members eligible for retired pay who posed an amendment the bill S. 1689, thorized an additional strength of 10,000 per- have service-connected disabil- making emergency supplemental ap- sonnel as of such date, which the Secretary ities: payment of retired pay propriations for Iraq and Afghanistan of the Army may allocate as the Secretary and veterans’ disability com- security and reconstruction for the fis- determines appropriate among the personnel pensation.’’. strengths required by such section to be au- cal year ending September 30, 2004, and (d) EFFECTIVE DATE; PROHIBITION ON RET- for other purposes; as follows: thorized annually under subparagraphs (A) ROACTIVE BENEFITS.— At the appropriate place, insert the fol- and (B) of paragraph (1) of such section and (1) IN GENERAL.—The amendments made by paragraph (2) of such section. this section shall take effect on the first day lowing: SEC. ll. (a) SHORT TITLE.—This section (b) The additional personnel authorized of the first month that begins after the date may be cited as the ‘‘Reservists Pay Secu- under subsection (a) shall be trained, incor- of the enactment of this Act. rity Act of 2003’’. porated into an appropriate force structure, (2) RETROACTIVE BENEFITS.—No benefits (b) NONREDUCTION IN PAY WHILE FEDERAL and used to perform constabulary duty in may be paid to any person by reason of sec- EMPLOYEE IS PERFORMING ACTIVE SERVICE IN such specialties as military police, light in- tion 1414 of title 10, United States Code, as THE UNIFORMED SERVICES OR NATIONAL fantry, civil affairs, and special forces, and amended by subsection (a), for any period be- GUARD.— in any other military occupational specialty fore the effective date under paragraph (1). (1) IN GENERAL.—Subchapter IV of chapter that is appropriate for constabulary duty. 55 of title 5, United States Code, is amended (c) Of the amount appropriated under chap- SA 1836. Mr. REID proposed an by adding at the end the following: ter 1 of this title for the Iraq Freedom Fund, amendment to the bill S. 1689, making $409,000,000 shall be available for necessary ‘‘§ 5538. Nonreduction in pay while serving in emergency supplemental appropria- the uniformed services or National Guard expenses for the additional personnel author- tions for Iraq and Afghanistan security ized under subsection (a). ‘‘(a) An employee who is absent from a po- and reconstruction for the fiscal year sition of employment with the Federal Gov- SA 1835. Mr. REID (for himself and ending September 30, 2004, and for ernment in order to perform active duty in other purposes; as follows: the uniformed services pursuant to a call or Mrs. LINCOLN) proposed an amendment On page 22, between lines 12 and 13, insert order to active duty under a provision of law to the bill S. 1689, making emergency referred to in section 101(a)(13)(B) of title 10 supplemental appropriations for Iraq the following new section: SEC. 316. (a) Congress makes the following shall be entitled, while serving on active and Afghanistan security and recon- findings: duty, to receive, for each pay period destruction for the fiscal year ending (1) During Operation Desert Shield and Op- scribed in subsection (b), an amount equal to September 30, 2004, and for other pur- eration Desert Storm (in this section, collec- the amount by which— poses; as follows: tively referred to as the ‘‘First Gulf War’’), ‘‘(1) the amount of basic pay which would otherwise have been payable to such em- At the end of title I, add the following: the regime of Saddam Hussein committed grave human rights abuses and acts of ter- ployee for such pay period if such employee’s SEC. 316. (a) RESTORATION OF FULL RETIRED civilian employment with the Government PAY BENEFITS.—Section 1414 of title 10, rorism against the people of Iraq and citizens of the United States. had not been interrupted by that service, ex- United States Code, is amended to read as ceeds (if at all) follows: (2) United States citizens who were taken prisoner by the regime of Saddam Hussein ‘‘(2) the amount of pay and allowances ‘‘§ 1414. Members eligible for retired pay who during the First Gulf War were brutally tor- which (as determined under subsection (d))— have service-connected disabilities: pay- tured and forced to endure severe physical ‘‘(A) is payable to such employee for that ment of retired pay and veterans’ disability trauma and emotional abuse. service; and compensation (3) The regime of Saddam Hussein used ci- ‘‘(B) is allocable to such pay period. ‘‘(b)(1) Amounts under this section shall be ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND vilian citizens of the United States who were payable with respect to each pay period COMPENSATION.—Except as provided in sub- working in the Persian Gulf region before (which would otherwise apply if the employ- section (b), a member or former member of and during the First Gulf War as so-called ee’s civilian employment had not been inter- the uniformed services who is entitled to re- human shields, threatening the personal rupted)— tired pay (other than as specified in sub- safety and emotional well-being of such ci- ‘‘(A) during which such employee is enti- section (c)) and who is also entitled to vet- vilians. tled to reemployment rights under chapter erans’ disability compensation is entitled to (4) Congress has recognized and authorized 43 of title 38 with respect to the position be paid both without regard to sections 5304 the right of United States citizens, including from which such employee is absent (as re- and 5305 of title 38. prisoners of war, to hold terrorist states, ferred to in subsection (a)); and ‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER such as Iraq during the regime of Saddam ‘‘(B) for which such employee does not oth- RETIREES.—The retired pay of a member re- Hussein, liable for injuries caused by such erwise receive basic pay (including by taking tired under chapter 61 of this title with 20 states. any annual, military, or other paid leave) to years or more of service otherwise creditable (5) The United States district courts are which such employee is entitled by virtue of under section 1405 of this title at the time of authorized to adjudicate cases brought by in- such employee’s civilian employment with the member’s retirement is subject to reduc- dividuals injured by terrorist states. the Government. tion under sections 5304 and 5305 of title 38, (b) It is the sense of Congress that— ‘‘(2) For purposes of this section, the period but only to the extent that the amount of (1) notwithstanding section 1503 of the during which an employee is entitled to re- the member’s retired pay under chapter 61 of Emergency Wartime Supplemental Appro- employment rights under chapter 43 of title this title exceeds the amount of retired pay priations Act, 2003 (Public Law 108–11; 117 38— to which the member would have been enti- Stat. 579) and any other provision of law, a ‘‘(A) shall be determined disregarding the tled under any other provision of law based citizen of the United States who was a pris- provisions of section 4312(d) of title 38; and upon the member’s service in the uniformed oner of war or who was used by the regime of ‘‘(B) shall include any period of time speci- services if the member had not been retired Saddam Hussein and by Iraq as a so-called fied in section 4312(e) of title 38 within which under chapter 61 of this title. human shield during the First Gulf War an employee may report or apply for employ- ‘‘(c) EXCEPTION.—Subsection (a) does not should have the opportunity to have any ment or reemployment following completion apply to a member retired under chapter 61 claim for damages caused by the regime of of the service on active duty to which called of this title with less than 20 years of service Saddam Hussein and by Iraq incurred by or ordered as described in subsection (a). otherwise creditable under section 1405 of such citizen fully adjudicated in the appro- ‘‘(c) Any amount payable under this sec- this title at the time of the member’s retire- priate United States district court; tion to an employee shall be paid— ment. (2) any judgment for such damages award- ‘‘(1) by such employee’s employing agency; ‘‘(d) DEFINITIONS.—In this section: ed to such citizen, or the family of such cit- ‘‘(2) from the appropriation or fund which ‘‘(1) The term ‘retired pay’ includes re- izen, should be fully enforced; and would be used to pay the employee if such tainer pay, emergency officers’ retirement (3) the Attorney General should enter into employee were in a pay status; and pay, and naval pension. negotiations with each such citizen, or the ‘‘(3) to the extent practicable, at the same ‘‘(2) The term ‘veterans’ disability com- family of each such citizen, to develop a fair time and in the same manner as would basic pensation’ has the meaning given the term and reasonable method of providing com- pay if such employee’s civilian employment ‘compensation’ in section 101(13) of title 38.’’. pensation for the damages each such citizen had not been interrupted. (b) REPEAL OF SPECIAL COMPENSATION PRO- incurred, including using assets of the re- ‘‘(d) The Office of Personnel Management GRAMS.—Sections 1413 and 1413a of such title gime of Saddam Hussein held by the Govern- shall, in consultation with Secretary of De- are repealed. ment of the United States or any other ap- fense, prescribe any regulations necessary to (c) CLERICAL AMENDMENT.—The table of propriate sources to provide such compensa- carry out the preceding provisions of this sections at the beginning of such chapter is tion. section. amended by striking the items relating to ‘‘(e)(1) The head of each agency referred to sections 1413, 1413a, and 1414 and inserting SA 1837. Mr. DURBIN (for himself, in section 2302(a)(2)(C)(ii) shall, in consulta- the following: Ms. MIKULSKI, and Mr. CORZINE) pro- tion with the Office, prescribe procedures to

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12561 ensure that the rights under this section through the Bureau of Reclamation, to be a member of the Securities and Ex- apply to the employees of such agency. conduct a feasibility study on a water change Commission. ‘‘(2) The Administrator of the Federal conservation project within the Arch The PRESIDING OFFICER. Without Aviation Administration shall, in consulta- Hurley Conservancy District in the objection, it is so ordered. tion with the Office, prescribe procedures to ensure that the rights under this section State of New Mexico, and for other pur- COMMITTEE ON FOREIGN RELATIONS apply to the employees of that agency. poses; S. 1307, a bill to authorize the Mr. STEVENS. Mr. President, I ask ‘‘(f) In this section— Secretary of the Interior, acting unanimous consent that the Com- ‘‘(1) the terms ‘employee’, ‘Federal Govern- through the Bureau of Reclamation, to mittee on Foreign Relations be author- ment’, and ‘uniformed services’ have the assist in the implementation of fish ized to meet during the session of the same respective meanings as given them in passage and screening facilities at non- Senate on Tuesday, October 14, 2003 at section 4303 of title 38; Federal water projects, and for other 9:30 a.m. to hold a hearing on the UN ‘‘(2) the term ‘employing agency’, as used purposes; S. 1308, a bill to authorize the with respect to an employee entitled to any Convention on the Law of the Sea (T. payments under this section, means the Secretary of the Interior to pursue and Doc. 103–39). agency or other entity of the Government complete actions related to the imple- The PRESIDING OFFICER. Without (including an agency referred to in section mentation of a U.S. District of a U.S. objection, it is so ordered. 2302(a)(2)(C)(ii)) with respect to which such District Court consent Decree; S. 1355, SPECIAL COMMITTEE ON AGING employee has reemployment rights under a bill to authorize the Bureau of Rec- Mr. STEVENS. Mr. President, I ask chapter 43 of title 38; and lamation to participate in the rehabili- unanimous consent that the Special ‘‘(3) the term ‘basic pay’ includes any tation of the Wallowa Lake Dam in Or- Committee on Aging be authorized to amount payable under section 5304.’’. egon, and for other purposes; S. 1577, a (2) TECHNICAL AND CONFORMING AMEND- meet on Tuesday, October 14, 2003 from MENT.—The table of sections for chapter 55 of bill to extend the deadline for com- 10 a.m. to 12 p.m. in Dirksen 628 for the title 5, United States Code, is amended by in- mencement of construction of a hydro- purpose of conducting a hearing. serting after the item relating to section 5537 electric project in the State of Wyo- The PRESIDING OFFICER. Without the following: ming; H.R. 1284, a bill to amend the objection, it is so ordered. ‘‘5538. Nonreduction in pay while serving in Reclamation Projects Authorization SUBCOMMITTEE ON TERRORISM, TECHNOLOGY, the uniformed services or Na- and Adjustment Act of 1992 to increase AND HOMELAND SECURITY tional Guard.’’. the Federal share of the costs of the Mr. STEVENS. Mr. President, I ask (3) EFFECTIVE PERIOD.—The amendments San Gabriel Basin demonstration unanimous consent that the Senate made by this section shall apply with respect project; and S. Res. 183, a resolution Committee on the Judiciary Sub- to pay periods (as described in section 5538(b) commemorating 50 years of adjudica- committees on Terrorism, Technology of title 5, United States Code, as amended by tion under the McCarran Amendment and Homeland Security be authorized this section) beginning on or after the date of rights to the use of water. Contact: of enactment of this section and ending Sep- to meet to conduct a hearing on Ter- tember 30, 2004. Shelly Randel 202–224–7933, Kellie rorism: Radical Islamic Influence of Donnely, 202–224–9360, Erik Webb 202– f Chaplaincy of the U.S. Military and 224–4756 or Meghan Beal at 202–224–7556. Prisons,’’ on Tuesday, September 14, NOTICES OF HEARINGS/MEETINGS Because of the limited time available 2003, at 10 a.m. in Room 226 of the Dirk- COMMITTEE ON INDIAN AFFAIRS for the hearings, witnesses may testify sen Senate Office Building. by invitation only. However, those Mr. CAMPBELL. Mr. President, I Witness List would like to announce that the Com- wishing to submit written testimony mittee on Indian Affairs will meet on for the hearing record should send two Panel I: Mr. John Pistole, Assistant Wednesday, October 15, 2003, at 10 a.m. copies of their testimony to the Sub- Director of Counterterrorism, Federal in Room 485 of the Russell Senate Of- committee on Water and Power, Com- Bureau of Investigation, Washington, fice building to conduct a hearing on S. mittee on Energy and Natural Re- DC. 550, the American Indian Probate Re- sources, United States Senate, Wash- The Honorable Charles Abell, Prin- form Act of 2003. ington, D.C. 20510–6150. cipal Deputy Under Secretary for Per- Those wishing additional information COMMITTEE ON INDIAN AFFAIRS sonnel and Readiness, Department of may contact the Indian Affairs com- Mr. CAMPBELL. Mr. President, I Defense, Washington, DC. mittee at 224–2251. would like to announce that the Com- The Honorable Harley Lappin, Direc- mittee on Indian Affairs will meet on tor, Federal Bureau of Prisons, Wash- SUBCOMMITTEE ON WATER AND POWER Thursday, October 16, 2003 at 10 a.m. in ington, DC. Ms. MURKOWSKI. Mr. President, I Room 485 of the Russell Senate Office Panel II: Dr. Michael Waller, would like to announce for the infor- building to conduct an Oversight Hear- Annenberg Professor of International mation of the Senate and the public ing on the Missouri River Master Man- Communication, The Institute of World that a hearing has been scheduled be- ual. Politics, Washington, DC. fore the Subcommittee on Water and Those wishing additional information Mr. Paul Rogers, President, Amer- Power of the Committee on Energy and may contact the Indian Affairs Com- ican Correctional Chaplains Associa- Natural Resources. mittee at 224–2251. tion, Waupun, WI. The hearing will be held on Wednes- f Mr. A.J. Sabree, Treasurer, American day, October 15, at 2:30 p.m. in Room Correctional Chaplains Association, AUTHORITY FOR COMMITTEES TO SD–366 of the Dirksen Senate Office Atlanta, GA. Building. MEET The PRESIDING OFFICER. Without The purpose of the hearing is to re- COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. ceive testimony on S. 943, a bill to au- AFFAIRS f thorize the Secretary of the Interior to Mr. STEVENS. Mr. President, I ask enter into one or more contracts with unanimous consent that the Com- PRIVILEGE OF THE FLOOR the city of Cheyenne, WY, for the stor- mittee on Banking, Housing, and Mr. KENNEDY. Mr. President, I ask age of water in the Kendrick Project; Urban Affairs be authorized to meet unanimous consent that Nora Carroll S. 1027 and H.R. 2040, bills to amend the during the session of the Senate on Oc- and Elizabeth Prescott, fellows in my Irrigation Project Contract Extension tober 14, 2003, at 10 a.m., to conduct a HELP Committee, be granted floor Act of 1998 to extend certain contracts hearing on the nominations of the Hon- privileges. between the Bureau of Reclamation orable Roger W. Ferguson, Jr., of Mas- The PRESIDING OFFICER. Without and certain irrigation water contrac- sachusetts, to be Vice Chairman of the objection, it is so ordered. tors in the States of Wyoming and Ne- Board of Governors of the Federal Re- Mr. DORGAN. Mr. President, I ask braska; S. 1058, a bill to provide a cost- serve System; the Honorable Ben S. unanimous consent that the privilege sharing requirement for the construc- Bernanke, of New Jersey, to be a mem- of the floor be granted to Dale Jones tion of the Arkansas Valley Conduit in ber of the Board of Governors of the during the pendency of S. 1689. the State of Colorado; S. 1071, a bill to Federal Reserve System; and the Hon- The PRESIDING OFFICER. Without authorize the Secretary of the Interior, orable Paul S. Atkins, of Virginia, to objection, it is so ordered.

VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12562 CONGRESSIONAL RECORD — SENATE October 14, 2003 UNANIMOUS CONSENT REQUEST— The joint resolution, with its pre- proved to date, the time for the two H.R. 7 amble, reads as follows: leaders be reserved for their use later Mr. MCCONNELL. Mr. President, I S.J. RES. 18 in the day, and the Senate then begin a ask unanimous consent that the Sen- Whereas the Inspector General Act of 1978 period of morning business for up to 60 ate proceed to the immediate consider- (5 U.S.C. App.) was signed into law on Octo- minutes with the first 30 minutes ation of H.R. 7, the Charitable Choice ber 12, 1978, with overwhelming bipartisan under the control of the minority lead- bill. support; er or his designee, and the second 30 Whereas Inspectors General now exist in minutes under the control of Senator Mr. REID. Objection. the 29 largest executive branch agencies and Mr. MCCONNELL. I know my friend HUTCHISON or her designee; provided in 28 other designated Federal entities; that following morning business the from Nevada is going to object, but let Whereas Inspectors General work to serve me finish. the American taxpayer by promoting econ- Senate resume consideration of S. 1689, Mr. REID. I am sorry. I will let him omy, efficiency, effectiveness, and integrity the Iraq-Afghanistan supplemental ap- finish. in the administration of the programs and propriations bill. I further ask unani- Mr. MCCONNELL. I further ask operations of the Federal Government; mous consent that the Senate recess unanimous consent that all after the Whereas Inspectors General conduct audits from 12:30 until 2:15. enacting clause be stricken; that the and investigations to both prevent and de- The PRESIDING OFFICER. Is there tect waste, fraud, abuse, and mismanage- Snowe amendment and the Grassley- objection? Without objection, it is so ment in the programs and operations of the ordered. Baucus amendment which are at desk Federal Government; be agreed to en bloc; that the sub- Whereas Inspectors General make Congress f stitute amendment, which is the text and agency heads aware, through semiannual PROGRAM of S. 476, the Senate-passed version of reports and other communications, of prob- Mr. MCCONNELL. Mr. President, for the Charitable Choice bill, as amended lems and deficiencies in the administration the information of all Senators, on by the Snowe and Grassley-Baucus of programs and operations of the Federal Wednesday, following morning busi- amendments, be agreed to; that the Government; Whereas Congress and agency heads utilize ness, the Senate will resume consider- bill, as amended, be read a third time the recommendations of Inspectors General ation of the Iraq-Afghanistan supple- and passed, the motion to reconsider be in the development and implementation of mental appropriations bill. Under a laid upon the table; further, that the policies that promote economy and effi- previous order, upon returning to the Senate insist on its amendments and ciency in the administration of, or prevent bill at approximately 10:40 a.m., the request a conference with the House; and detect waste, fraud, abuse, and mis- Senate will proceed to two back-to- and, lastly, that the Chair be author- management in, the programs and oper- back rollcalls. The first vote will be in ized to appoint conferees with a ratio ations of the Federal Government; relation to Corzine amendment No. 1811 of 3 to 2, and any statements relating Whereas Federal employees and other dedicated citizens report information to Inspec- relating to military retirement pay. to the bill be printed in the RECORD. tors General regarding the possible existence That vote will be followed by a vote in The PRESIDING OFFICER. Is there of an activity constituting a violation of relation to Reed amendment No. 1834 objection? law, rules, or regulations, or mismanage- relating to end strength. The votes in Mr. REID. On behalf of Senator HAR- ment, gross waste of funds, abuse of author- relation to the Corzine and Reed KIN, I object. ity, or a substantial and specific danger to amendments will be the first votes of The PRESIDING OFFICER. Objec- public health and safety; the day. tion is heard. Whereas Inspector General audits and investigations result in annual recommenda- As previously announced, the Senate f tions for more effective spending of billions will recess from 12:30 until 2:15 p.m. COMMENDING THE INSPECTORS of taxpayer dollars, thousands of successful Following the recess, the Senate will GENERAL criminal prosecutions, hundreds of millions resume consideration of the Iraq-Af- of dollars returned to the United States ghanistan supplement appropriations Mr. MCCONNELL. Mr. President, I Treasury through investigative recoveries, ask unanimous consent that the Gov- bill. Amendments will be offered and and the suspension and debarment of thou- debated throughout the day tomorrow. ernmental Affairs Committee be dis- sands of individuals or entities from doing Again, I encourage all Senators who charged from further consideration of business with the Government; and have amendments to this vital measure S.J. Res. 18 and the Senate proceed to Whereas for 25 years the Inspectors Gen- to come over and visit with the man- its immediate consideration. eral have worked with Congress to facilitate agers and dispose of those amend- The PRESIDING OFFICER. Without effective oversight to improve the programs and operations of the Federal Government: ments. Senators should expect rollcall objection, it is so ordered. Now, therefore, be it votes throughout the day and into the The clerk will report the joint resolu- Resolved by the Senate and House of Rep- evening tomorrow in relation to this tion by title. resentatives of the United States of America in bill. The legislative clerk read as follows: Congress assembled, That Congress— A joint resolution (S.J. Res. 18) com- (1) recognizes the many accomplishments f mending the Inspectors General for their ef- of the Inspectors General in preventing and ADJOURNMENT UNTIL 9:30 A.M. forts to prevent and detect waste, fraud and detecting waste, fraud, abuse, and mis- TOMORROW abuse, and mismanagement, and to promote management in the Federal Government; economy, efficiency, and effectiveness in the (2) commends the Inspectors General and Mr. MCCONNELL. Mr. President, if Federal Government during the past 25 their employees for the dedication and pro- there is no further business to come be- years. fessionalism displayed in the performance of fore the Senate, I ask unanimous con- their duties; and There being no objection, the Senate sent that the Senate stand in adjourn- (3) reaffirms the role of Inspectors General ment under the previous order. proceeded to consider the joint resolu- in promoting economy, efficiency, and effec- tion. There being no objection, the Senate, tiveness in the administration of the pro- at 8:08 p.m., adjourned until Wednes- Mr. MCCONNELL. Mr. President, I grams and operations of the Federal Govern- ask unanimous consent that the joint ment. day, October 15, 2003, at 9:30 a.m. f resolution be read a third time and f passed, the motion to reconsider be NOMINATIONS laid upon the table, the preamble be ORDERS FOR WEDNESDAY, OCTOBER 15, 2003 Executive nominations received by agreed to, the motion to reconsider be the Senate October 14, 2003: laid upon the table, and that any state- Mr. MCCONNELL. Mr. President, I REFORM BOARD (AMTRAK) ments relating to the joint resolution ask unanimous consent that when the ROBERT L. CRANDALL, OF TEXAS, TO BE A MEMBER OF be printed in the RECORD. Senate completes its business today, it THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE The PRESIDING OFFICER. Without adjourn until 9:30 a.m., Wednesday, Oc- YEARS, VICE MICHAEL S. DUKAKIS, TERM EXPIRED. objection, it is so ordered. tober 15. I further ask unanimous con- DEPARTMENT OF COMMERCE The joint resolution (S.J. Res. 18) sent that following the prayer and MICHAEL D. GALLAGHER, OF WASHINGTON, TO BE AS- pledge the morning hour be deemed ex- SISTANT SECRETARY OF COMMERCE FOR COMMUNICA- was read the third time and passed. TIONS AND INFORMATION, VICE NANCY VICTORY, RE- The preamble was agreed to. pired, the Journal of proceedings be ap- SIGNED.

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REFORM BOARD (AMTRAK) MARGARET DEBARDELEBEN TUTWILER, OF ALABAMA, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TO BE UNDER SECRETARY OF STATE FOR PUBLIC DIPLO- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: LOUIS S. THOMPSON, OF MARYLAND, TO BE A MEMBER MACY, VICE CHARLOTTE L. BEERS, RESIGNED. To be lieutenant general OF THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION YEARS, VICE JOHN ROBERT SMITH, TERM EXPIRED. MAJ. GEN. DAVID W. BARNO, 0000 STUART ISHIMARU, OF THE DISTRICT OF COLUMBIA, TO DEPARTMENT OF ENERGY BE A MEMBER OF THE EQUAL EMPLOYMENT OPPOR- THE FOLLOWING ARMY NATIONAL GUARD OF THE TUNITY COMMISSION FOR A TERM EXPIRING JULY 1, 2007, SUSAN JOHNSON GRANT, OF VIRGINIA, TO BE CHIEF FI- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- VICE PAUL M. IGASAKI, TERM EXPIRED. NANCIAL OFFICER, DEPARTMENT OF ENERGY, VICE SERVE OF THE ARMY TO THE GRADE INDICATED UNDER BRUCE MARSHALL CARNESS, RESIGNED. JAMES MADISON MEMORIAL FELLOWSHIP TITLE 10, U.S.C., SECTION 12203: FOUNDATION CHEMICAL SAFETY AND HAZARD INVESTIGATION To be brigadier general BOARD DREW R. MCCOY, OF MASSACHUSETTS, TO BE A MEM- COL. CHARLES P. BALDWIN, 0000 BER OF THE BOARD OF TRUSTEES OF THE JAMES MADI- GARY LEE VISSCHER, OF MARYLAND, TO BE A MEMBER SON MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION OF SIX YEARS, VICE LANCE BANNING. TO THE GRADE INDICATED IN THE RESERVE OF THE BOARD FOR A TERM OF FIVE YEARS, VICE ISADORE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ROSENTHAL, TERM EXPIRING. THE JUDICIARY To be colonel VIRGINIA E. HOPKINS, OF ALABAMA, TO BE UNITED DEPARTMENT OF STATE STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT MICHAEL P. VINLOVE, 0000 JON R. PURNELL, OF MASSACHUSETTS, A CAREER OF ALABAMA, VICE EDWIN L. NELSON, DECEASED. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF RICARDO S. MARTINEZ, OF WASHINGTON, TO BE TO THE GRADE INDICATED IN THE RESERVE OF THE COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND UNITED STATES DISTRICT JUDGE FOR THE WESTERN ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DISTRICT OF WASHINGTON, VICE AN ADDITIONAL POSI- TION IN ACCORDANCE WITH 28 USC 133(B)(I). TO THE REPUBLIC OF UZBEKISTAN. To be colonel THOMAS THOMAS RILEY, OF CALIFORNIA, TO BE AM- DEPARTMENT OF VETERANS AFFAIRS BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF DONALD A. BLACK, 0000 THE UNITED STATES OF AMERICA TO THE KINGDOM OF ROBERT N. MCFARLAND, OF TEXAS, TO BE AN ASSIST- CLARETHA F. FERGUSON, 0000 MOROCCO. ANT SECRETARY OF VETERANS AFFAIRS (INFORMATION SHIRLEY A. GERRIOR, 0000 MARGARET SCOBEY, OF TENNESSEE, A CAREER MEM- AND TECHNOLOGY), VICE JOHN A. GAUSS, RESIGNED. GARY W. GRAHAM, 0000 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- IN THE ARMY GREGG K. HAMMOND, 0000 ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DIANNE L. HAWKINS, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KAREN F. KLINKNER, 0000 OF AMERICA TO THE SYRIAN ARAB REPUBLIC. IN THE UNITED STATES ARMY TO THE GRADE INDICATED DEBRA S. LONG, 0000

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CONGRATULATING NEIL F. Founder Habitat for Humanity, Tri-Area Joint proudly claiming 3 of its members as Most OBERTO ON BEING NAMED ‘‘OUT- Recreation Authority, Cranberry Creek Gate- Worshipful Grand Masters. STANDING ITALIAN AMERICAN’’ way Committee, Keystone Job Corp Center I hope that you will all join me in congratu- Community Relations Committee, numerous lating the men of Eureka Lodge No. 52, whose HON. PAUL E. KANJORSKI regional and state commitments through work, members, both past and current, have been devoted to fraternity, fellowship, and service to OF PENNSYLVANIA and a lector, catechism teacher and member their community. IN THE HOUSE OF REPRESENTATIVES of the Holy Name Society at Our Lady of Grace Church in Hazleton. f Tuesday, October 14, 2003 Neil has been awarded the Distinguished THE REPUBLIC OF CHINA Mr. KANJORSKI. Mr. Speaker, I rise today Service Award from the Greater Hazleton Jay- to recognize Neil Oberto for being named the cees and was presented with a Leadership ‘‘Outstanding Italian American’’ by the Hazle- Award from Project Women in Need by State HON. CLIFF STEARNS ton Sons of Italy. It is an honor to join the Representative Katie True. OF FLORIDA members of this organization in paying tribute He is married to the former Meralea IN THE HOUSE OF REPRESENTATIVES to his numerous achievements as he is hon- Petruzzi and is the proud father of four daugh- Tuesday, October 14, 2003 ored at the Columbus Day Ceremony on Sun- ters, Danielle, Gina, Sara and Kristina. Mr. STEARNS. Mr. Speaker, it is a great day, October 12th. Mr. Speaker, it is a privilege and honor to honor for me to join my colleagues on the Hill Neil Oberto is the third of four sons born to represent a man who is not only a leader in in wishing the Republic of China a happy Na- Anthony and Immaculata (Lombardi) Oberto. the Hazleton Community, but someone who tional Day, which occurred last Friday. Despite He was born and raised in Hazleton, Pennsyl- has devoted his life to helping those who are Taiwan’s small size and lack of natural re- vania, and has lived there for most of his life. less fortunate. sources, in recent years Taiwan has emerged Neil exhibited leadership qualities early on in f as an economic powerhouse. It is the world’s his life. He is a 1978 graduate of Hazleton 17th largest economy, with the world’s 15th High School where he served as the senior TRIBUTE TO EUREKA LODGE largest trade volume. This economic perform- class president. He also attended Luzerne NO. 52 ance has contributed to both regional and County Community College obtaining an Asso- global prosperity. At a time of economic inter- ciate Degree in 1980 in Hotel and Restaurant HON. DONALD M. PAYNE dependence among nations, Taiwan has a lot Management, and was employed at a several OF NEW JERSEY to offer to the world. On Taiwan’s National restaurants and hotels throughout the area. IN THE HOUSE OF REPRESENTATIVES Day, I would like to see Taiwan continue to In 1982, Neil took a new direction in his life play a major economic role in the world and Tuesday, October 14, 2003 when he attended Borromeo College of Ohio, further strengthen its economic ties to the a seminary college outside of Cleveland to Mr. PAYNE. Mr. Speaker, I rise today to United States. Indeed, bilateral trade between pursue his bachelor’s degree and discern the recognize an exceptional institution within my Taiwan and the U.S. topped $66 billion last option of joining the Capuchin Franciscans. He community, the Eureka Lodge No. 52, and to year and will continue to grow—to the benefit obtained a Bachelor’s degree two years later congratulate its members on reaching an ex- of both nations. Congratulations, President in Social and Behavioral Science. In his senior ceptional milestone. Soon these men will cele- Chen. We wish you and your people the best year of college he was accepted as a pos- brate the lodge’s tradition of 100 years of of luck as you seek readmission to the United tulant with the Capuchins. From 1984–1985, dedication to their community and to each Nations and the World Health Organization. he spent a novitiate year with the Capuchins other. You deserve a prominent place on the world at their novitiate house outside of Pittsburgh. From its humble beginnings in a barber stage. I also wish to add that President Chen He returned to Hazleton in August of 1985. shop in New Jersey, a group of men, led by has pledged Taiwan’s resources in helping us Neil pursued a Master’s Degree in Rehabilita- Hodges Ford, sought to begin a Masonic fight worldwide terrorism. President Chen be- tion Counseling from the University of Scran- Lodge in Montclair. The barber, Brother Jo- lieves any attack on America is tantamount to ton and achieved that goal in 1991. He is a seph Hooper, joined these men, guiding their an attack on Taiwan and all the other peace- Nationally Board Certified Counselor and Li- vision, and helping them to establish what is loving countries in the world. Terrorism must censed as a Professional Counselor. now Eureka Lodge No. 52. be stopped and Taiwan has done its best to Mr. Speaker, Neil Oberto has been working The first lodge was founded on December help eliminate terrorism worldwide. We appre- and volunteering in the social service field for 5, 1903, in Bloomfield, not Montclair, as there ciate Taiwan’s support. the past 24 years. He began working with was no available hall to be found there. On f mentally challenged adults and children in rec- January 22, 1904, Eureka Lodge No. 52 held CONGRATULATING THE BOROUGH reational programs. While in Cleveland he did its first meeting at Arab Hall, with 18 mem- OF DUNMORE ON RECEIVING various apostolic and volunteer work with bers—3 more than the minimum requirement RECOGNITION FOR THEIR NA- inner city youth, pastoral care in hospitals, and of 15. In December of 1909, the Lodge was TIONAL NIGHT OUT EVENTS an inner city nursing facility for the economi- rewarranted and moved to Montclair at the re- cally underprivileged, along with other inner quest of the officers and members. city service. In Pittsburgh, apostolic work was Thus began their many years of service to HON. PAUL E. KANJORSKI at a soup kitchen in the ‘‘Hill District’’ and hos- the community, remaining faithful to their claim OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES pital pastoral work. Upon his return to Hazle- that they are ‘‘founded upon unity and broth- ton he was employed at the Keystone Job erly love.’’ Tuesday, October 14, 2003 Corp Center as a Residential Advisor, Luzerne The Eureka Lodge celebrated its 50th anni- Mr. KANJORSKI. Mr. Speaker, I rise today County Children and Youth as a caseworker, versary on December 3, 1953, at the Ivanhoe to recognize the Borough of Dunmore, in and since 1989, Catholic Social Services of Inn in Irvington, NJ. Lackawanna County, PA, for being nationally Greater Hazleton. He has been serving as Ex- On November 21, 1965, the Lodge reached recognized once again for its National Night ecutive Director since 1995. what it considers to be the pinnacle of their Out Events. I ask that my colleagues pay trib- Neil Oberto is very involved in his commu- achievements—the laying of the cornerstone ute to Dunmore, its citizens, Police Chief Sal nity. He is involved or has had past affiliation in their $50,000 Masonic Building. This build- Mecca and Mayor Patrick Loughney for win- with the Pennsylvania Catholic Conference ing has become a source of pride for its mem- ning this National recognition. Adoption Committee, Greater Hazleton Civic bers and the people within the community as This year, Dunmore was named the second Partnership, United Way Child Advocacy Com- it continues to be a meeting place for an affili- best event nationally in the under 15,000 pop- mittee, Hazleton Area Housing Coalition, Co- ation with a long and distinguished past, ulation category. I was proud to participate in

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

VerDate jul 14 2003 01:25 Oct 15, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A14OC8.001 E14PT1 E2034 CONGRESSIONAL RECORD — Extensions of Remarks October 14, 2003 this awardwinning Night Out. They won ‘‘First children with mental illness. Since its estab- served as the Executive Director for the Cali- Place’’ from 1999 and 2001 for the town’s lishment, Compeer has mushroomed into an fornia Coalition for Public Education, the Coor- Night Out activities as the best in the North- international program with chapters in 100 cit- dinator for the Wilshire Community Edu- eastern United States for towns with a popu- ies, 30 States, Canada, and Australia. This cational Complex of the Los Angeles Unified lation under 30,000. year marks the 30th anniversary of Compeer’s School District, the Community Liaison for the Mr. Speaker, the first National Night Out in founding in Rochester, its 20th anniversary of Integration Team of the Los Angeles Unified Dunmore was a 1-day festival in 1996 where operations across the Nation. School District and as an Educational Consult- there were just six block parties held. This Individuals with mental illness often face a ant for the Rand Corporation. year, it grew to 20 block parties, a parade, a daunting array of challenges. In addition to All of this experience helped make her an safety fair and a cookout. Dunmore earned their diagnosis, they may be faced with dif- incredibly effective Director of ADL’s Edu- rookie honors in 1996. Its National Night Out ficulties in finding or keeping employment op- cational Policy Programs—the position she has been growing ever since, and the borough portunities, housing, and other basic neces- has held since 1987. However, it was her pas- prides itself on this 3-day event. sities. Too many lack a support network of sion, creativity, and dedication that made her The event has been so successful, the city family and friends to buoy them during tough a great leader. As Director of Education Policy of Scranton and the Borough of Throop got times. Compeer helps to fill that gap by ena- and Programs and as Assistant Director of their advice and held successful events as bling friendships to form and grow. Isolation ADL’s National A World of Difference Institute, well. This year marked the 20th anniversary of and loneliness often accompany mental ill- Marjorie proved that with the right combination National Night Out. The first year, 400 com- ness, but they do not have to be inevitable. of innovation, collaboration, and commitment munities from 23 States took part. This year, Compeer has enabled hundreds of people one person can make a tremendous positive 10,000 communities from all 50 States were to live independently as mentally and emotion- impact. involved. More than 34 million people partici- ally healthy individuals. Under the Compeer During Marjorie’s tenure with ADL, she pated. model, patients, volunteers, therapists, and helped schools promote religious diversity; Mr. Speaker, it is a privilege and honor to staff work together to promote the total health publishers improve textbooks to promote Jews represent citizens of the Borough of Dunmore of a client. In an era of rising health costs, and other minorities accurately and without who have shown such a commitment to their Compeer provides an affordable, effective stereotypes; educators, here and in Israel, fos- community and have been justly recognized method of improving the quality of life for indi- ter skills to combat bigotry; parents and edu- nationally for their involvement and spirit. viduals battling mental illness. cators learn how to help children cope with f The Compeer program has been replicated traumatic events such as 9/11; the Shoah Vis- many times across the Nation, and has re- ual Historical Foundation develop a Holocaust TRIBUTE TO DETECTIVE ceived numerous awards, including being education curriculum; and teens recognize the LIEUTENANT GALVANN R. SMITH named a model program by the National Insti- common humanity of all people through pro- tutes of Health in 1982. In 1999, executive di- grams such as the Children of the Dream Pro- HON. DAVE CAMP rector Bernice Skirboll represented Compeer gram. These are but a few of her many im- OF MICHIGAN at the landmark White House Conference on pressive accomplishments. She will be missed IN THE HOUSE OF REPRESENTATIVES Mental Health, where the program was at the ADL and by our entire community. praised. Mr. Speaker, we invite our colleagues to join Tuesday, October 14, 2003 Indeed, no tribute to Compeer would be us in thanking Marjorie Green for her exem- Mr. CAMP. Mr. Speaker, I rise today to pay complete without acknowledging the unparal- plary contributions to the Anti-Defamation tribute to Detective Lieutenant Galvann R. leled devotion of CEO and Founder Bernice League and to wish her continued success in Smith for his faithful service of 25 years to the Skirboll. Bernice, or ‘‘Bunny’’ to the many who all her future endeavors. Michigan Department of State Police. know and love her, has been the driving force f Galvann began his career in 1978 with the behind Compeer’s success. Her tenacity, com- Michigan Department of State Police as a passion, and commitment to individuals with ON THE OCCASION OF MOTHER Trooper at the Michigan State Police Bridge- mental illness are legendary. Her great legacy TERESA’S BEATIFICATION port Post. In 1989 he was reassigned to the will be the continuation of Compeer’s good Michigan State Police Bridgeport Laboratory work for decades to come. HON. LINDA T. SA´ NCHEZ Latent Print Unit. In 1998 he was promoted to Compeer staff and volunteers should take OF CALIFORNIA Detective Lieutenant, where he served as the great pride in the knowledge that they have IN THE HOUSE OF REPRESENTATIVES supervisor of the Latent Print Unit. Galvann made a difference. Through their selfless Tuesday, October 14, 2003 has been honored with several awards, includ- work, they have shown that the power of love ´ ing the Michigan State Police Award for Pro- and friendship can triumph over loneliness, Ms. LINDA T. SANCHEZ of California. Mr. fessional Excellence, Michigan Sate Police isolation, and mental illness. Speaker, on October 19, 2003, Mother Teresa Unit Citation for Professional Excellence, Ex- I invite my colleagues to join me in cele- will be beatified by Pope John Paul II. In the change Club of Saginaw’s Officer of the Year brating the 30th anniversary of Compeer, Inc., Catholic canonization process, beatification is 1998 and 2003, and numerous letters of ap- and in honoring the volunteers, therapists, and the last step before sainthood. This step for- preciation from police agencies, prosecutors staff of Compeer for their concern, compas- malizes what much of the world has known for and civilian groups. Galvann Smith will be sion, and tireless efforts. years: That Mother Teresa selflessly gave her life, her energy, and her love to those most in greatly missed by his co-workers, and greatly f appreciated by the citizens of Michigan. need. I am honored today to recognize Detective TRIBUTE TO MARJORIE BILLER The name Mother Teresa has become syn- Lieutenant Galvann R. Smith for his auspi- GREEN onymous with charity and commitment to the cious dedication to serving the State of Michi- poor the world over. Born in 1910 in Albania gan. HON. HENRY A. WAXMAN to middle class parents, Mother Teresa real- f OF CALIFORNIA ized early on that she would dedicate her life IN THE HOUSE OF REPRESENTATIVES to serving God and her fellow man. She joined TRIBUTE TO COMPEER the Loreto Sisters of Dublin, Ireland and Tuesday, October 14, 2003 trained to be a teacher. She taught History HON. LOUISE McINTOSH SLAUGHTER Mr. WAXMAN. Mr. Speaker, I rise today and Geography in Calcutta, India for 15 years. OF NEW YORK with my colleague, Mr. BERMAN, to pay tribute Though she loved teaching, Mother Teresa IN THE HOUSE OF REPRESENTATIVES to our good friend Marjorie Biller Green who is felt she was destined for a different calling. retiring after 16 years as the Director of Edu- With the blessing of Pope Pius XII, Mother Te- Tuesday, October 14, 2003 cational Policy and Programs for the Anti-Def- resa began serving the poor and neglected in Ms. SLAUGHTER. Mr. Speaker, I rise to amation League (ADL). Marjorie’s strong lead- the slums of Calcutta, India. She taught the il- recognize a dual milestone in the history of ership and vision have played a vital role in literate children of the area to read and write, Compeer, Inc., an outstanding organization furthering ADL’s mission and we are grateful but soon realized that her energies were des- based in my district of Rochester, NY. Com- for all she has done. perately needed elsewhere. With so many peer was founded to foster friendships be- Prior to joining the ADL, Marjorie enjoyed a homeless people dying in filth and indignity, tween its caring volunteers with adults and long and successful career in education. She she put her efforts toward caring for the poor

VerDate jul 14 2003 01:25 Oct 15, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A14OC8.004 E14PT1 October 14, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2035 and afflicted of the community, many of whom In 1950, Mother Teresa started her own After Mother Teresa’s death in 1997, Pope were near death. She took in the patients that Order, the Missionaries of Charity. The goal of John Paul II waived the customary five-year nobody else wanted. Mother Teresa cared for Missionaries of Charity is to look after those waiting period to begin the process of her be- and loved people dying of leprosy, AIDS, can- who have no one to love and care for them. coming a saint. This unprecedented consider- cer, and many other deadly diseases. She The Missionaries of Charity now have thou- ation for this well-deserved honor confirms the brought comfort and human dignity to the final sands of nuns serving the poor in 125 coun- importance and greatness of Mother Teresa. weeks, days, and hours of so many suffering tries around the world. This is truly a remark- Mother Teresa once said, ‘‘I slept and I people. able legacy. dreamed that life is all joy. I woke and I saw Mother Teresa found her true calling in that life is all service. I served and I saw that helping the poorest of the poor. She loved the Mother Teresa has been recognized inter- service is joy.’’ Mother Teresa serves as a people that no one else would love. People nationally for her contributions to humanity. shining example of the profound impact one with no families, no homes, no access to med- She received the Nobel Peace Prize in 1979 person can have in the world. She is a model ical care, and no place to go to die in peace, and the Congressional Gold Medal, one of our for selflessness and eternal optimism. Mother with dignity. country’s highest honors, in 1997. Teresa is a role model and a hero to us all.

VerDate jul 14 2003 01:25 Oct 15, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14OC8.008 E14PT1 Tuesday, October 14, 2003 Daily Digest Senate Division II of Bingaman Amendment No. 1830, Chamber Action to authorize the award of the Iraqi Liberation Medal Routine Proceedings, pages S12481–S12563 as a campaign medal for members of the Armed Measures Introduced: Thirteen bills were intro- Forces who serve in Southwest Asia in connection duced, as follows: S. 1718–1730. Pages S12532–33 with Operation Iraqi Freedom. Page S12510 Reid (for Stabenow) Amendment No. 1823, to Measures Reported: provide emergency relief for veterans healthcare, S. 1131, to increase, effective December 1, 2003, school construction, healthcare and transportation the rates of compensation for veterans with service- needs in the United States, and to create 95,000 new connected disabilities and the rates of dependency jobs. (By 59 yeas to 35 nays (Vote No. 379), Senate and indemnity compensation for the survivors of cer- tabled the amendment.) Pages S12510–14 tain disabled veterans. (S. Rept. No. 108–163) Dorgan Amendment No. 1826, to require that H.R. 1516, to provide for the establishment by Iraqi oil revenues be used to pay for reconstruction the Secretary of Veterans Affairs of five additional in Iraq. (By 57 yeas to 39 nays (Vote No. 380), Sen- cemeteries in the National Cemetery System, with ate tabled the amendment.) Pages S12514–21 amendments. (S. Rept. No. 108–164) Page S12532 Pending: Measures Passed: Byrd Amendment No. 1818, to impose a limita- Genetic Information Nondiscrimination Act: By tion on the use of sums appropriated for the Iraq a unanimous vote of 95 yeas (Vote No. 377), Senate Relief and Reconstruction Fund. Page S12490 passed S. 1053, to prohibit discrimination on the Byrd/Durbin Amendment No.1819, to prohibit basis of genetic information with respect to health the use of Iraq Relief and Reconstruction Funds for insurance and employment, as amended: low priority activities that should not be the responsibility of U.S. taxpayers, and shift $600 million Commending Inspectors General: Committee on from the Iraq Relief and Reconstruction Fund to De- Governmental Affairs was discharged from further fense Operations and Maintenance, Army, for signifi- consideration of S.J. Res. 18, commending the In- cantly improving efforts to secure and destroy con- spectors General for their efforts to prevent and de- ventional weapons, such as bombs, bomb materials, tect waste, fraud, abuse, and mismanagement, and to small arms, rocket propelled grenades, and shoulder- promote economy, efficiency, and effectiveness in the launched missiles, in Iraq. Page S12490 Federal Government during the past 25 years, and Bond/Mikulski Amendment No. 1825, to provide the joint resolution was then passed. additional VA Medical Care Funds for the Depart- Pages S12493–S12508 ment of Veterans Affairs. Page S12490 Emergency Supplemental Appropriations, Iraq Reid/Lincoln Amendment No. 1835, to permit re- and Afghanistan: Senate resumed consideration of tired members of the Armed Forces who have a serv- S. 1689, making emergency supplemental appropria- ice-connected disability to receive both military re- tions for Iraq and Afghanistan security and recon- tired pay by reason of their years of military service struction for the fiscal year ending September 30, and disability compensation from the Department of 2004, taking action on the following amendments Veterans Affairs for their disability. Page S12522 proposed thereto: Pages S12490–93, S12508–28 Reid Amendment No. 1836, to express the sense Rejected: of Congress on damages caused by the regime of By 47 yeas to 48 nays (Vote No. 378), Division Saddam Hussein during the First Gulf War. I of Bingaman Amendment No. 1830, to authorize Pages S12522–23 the award of the Iraqi Liberation Medal as a cam- Corzine/Durbin Amendment No. 1811, to amend paign medal for members of the Armed Forces who title 10, United States Code, to reduce the age for serve in Southwest Asia in connection with Oper- receipt of military retired pay for nonregular service ation Iraqi Freedom. Pages S12491–93, S12508–10 from 60 to 55. Pages S12523–24 D1109

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Durbin Amendment No. 1837, to ensure that a Virginia E. Hopkins, of Alabama, to be United Federal employee who takes leave without pay in States District Judge for the Northern District of order to perform certain service as a member of the Alabama. uniformed services or member of the National Guard Ricardo S. Martinez, of Washington, to be United shall continue to receive pay in an amount which, States District Judge for the Western District of when taken together with the pay and allowances Washington. such individual is receiving for such service, will be Robert N. McFarland, of Texas, to be an Assistant no less than the basic pay such individual would Secretary of Veterans Affairs (Information and Tech- then be receiving if no interruption in employment nology). had occurred. Pages S12524–25 2 Army nominations in the rank of general. Reed/Hagel Amendment No. 1834, to increase Routine lists in the Army. Pages S12562–63 the end strength of the Army and to structure the Messages From the House: Pages S12531–32 additional forces for constabulary duty. Measures Referred: Page S12532 Pages S12525–28 A unanimous-consent agreement was reached pro- Additional Cosponsors: Pages S12533–35 viding for further consideration of Corzine Amend- Statements on Introduced Bills/Resolutions: ment No. 1811 (listed above) and Reed/Hagel Page S12535 Amendment No. 1834 (listed above) on Wednesday, Additional Statements: Pages S12531–46 October 15, 2003; and the Senate will then vote on or in relation to each amendment beginning at ap- Amendments Submitted: Pages S12546–61 proximately 10:40 a.m. Page S12562 Notices of Hearings/Meetings: Page S12561 A unanimous-consent agreement was reached pro- Authority for Committees to Meet: Page S12561 viding for further consideration of the bill at approximately 10:30 a.m., on Wednesday, October 15, Privilege of the Floor: Page S12561 2003. Page S12562 Record Votes: Four record votes were taken today. Nominations Received: Senate received the fol- (Total—380) Pages S12499, S12510, S12514, S12521 lowing nominations: Adjournment: Senate met at 9:30 a.m., and ad- Robert L. Crandall, of Texas, to be a Member of journed at 8:08 p.m., until 9:30 a.m., on Wednes- the Reform Board (Amtrak) for a term of five years. day, October 15, 2003. (For Senate’s program, see Michael D. Gallagher, of Washington, to be As- the remarks of the Acting Majority Leader in today’s sistant Secretary of Commerce for Communications Record on page S12562.) and Information. Louis S. Thompson, of Maryland, to be a Member Committee Meetings of the Reform Board (Amtrak) for a term of five years. (Committees not listed did not meet) Susan Johnson Grant, of Virginia, to be Chief Fi- NOMINATIONS nancial Officer, Department of Energy. Gary Lee Visscher, of Maryland, to be a Member Committee on Banking, Housing, and Urban Affairs: of the Chemical Safety and Hazard Investigation Committee concluded a hearing to examine the Board for a term of five years. nominations of Roger Walton Ferguson, Jr., of Mas- Jon R. Purnell, of Massachusetts, to be Ambas- sachusetts, to be Vice Chairman of the Board of sador to the Republic of Uzbekistan. Governors of the Federal Reserve System, and Ben S. Bernanke, of New Jersey, to be a Member of the Thomas Riley, of California, to be Ambassador to Board of Governors of the Federal Reserve System, the Kingdom of Morocco. and Paul S. Atkins, of Virginia, to be a Member of Margaret Scobey, of Tennessee, to be Ambassador the Securities and Exchange Commission, after the to the Syrian Arab Republic. nominees testified and answered questions in their Margaret DeBardeleben Tutwiler, of Alabama, to own behalf. be Under Secretary of State for Public Diplomacy. Stuart Ishimaru, of the District of Columbia, to U.N. CONVENTION ON THE LAW OF THE be a Member of the Equal Employment Opportunity SEA Commission for a term expiring July 1, 2007. Committee on Foreign Relations: Committee held a Drew R. McCoy, of Massachusetts, to be a Mem- hearing to examine the United Nations Convention ber of the Board of Trustees of the James Madison on the Law of the Sea, with Annexes, done at Mon- Memorial Fellowship Foundation for a term of six tego Bay, December 10, 1982 (the ‘‘Convention’’), years. and the Agreement Relating to the Implementation

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of Part XI of the United Nations Convention on the retary of Defense for Personnel and Readiness; J. Mi- Law of the Sea of 10 December 1982, with Annex, chael Waller, Institute of World Politics, Wash- adopted at New York, July 28, 1994 (‘‘the Agree- ington, D.C.; Paul E. Rogers, Wisconsin Depart- ment’’), and signed by the United States, subject to ment of Correction, Waupun, and Imam A.J. Sabree, ratification, on July 29, 1994 (Treaty Doc. 103–39), Georgia Department of Corrections, Atlanta, both on receiving testimony from Senator Stevens; Admiral behalf of the American Correctional Chaplains Asso- James D. Watkins, USN (Ret.), Chairman, U.S. ciation. Commission on Ocean Policy; John Norton Moore, Hearing recessed subject to the call. University of Virginia School of Law Center for Oceans, Law, and Policy; Rear Admiral William L. PENSIONS Schachte, Jr., USN (Ret.), Charleston, South Caro- Special Committee on Aging: Committee concluded a lina; and Admiral Joseph Prueher, USN (Ret.), Vir- hearing to examine the long-term financing risks to ginia Beach, Virginia. single-employer insurance programs, highlighting Hearing will resume on Tuesday, October 21. the need for comprehensive pension reform, focusing on the Administration’s proposals and activities to TERRORISM improve the retirement security of defined benefit Committee on the Judiciary: Subcommittee on Tech- pension participants, after receiving testimony from nology, Terrorism, and Government Information Mark J. Warshawsky, Acting Assistant Secretary of held a hearing to examine issues relative to terrorism the Treasury for Economic Policy; Barbara D. and the radical Islamic influence of Chaplaincy of Bovbjerg, Director, Education, Workforce, and In- the U.S. military and prisons, focusing on Guanta- come Security, General Accounting Office; Steven A. namo Bay issues, institutional safeguards including Kandarian, Executive Director, Pension Benefit security clearances and monitoring, receiving testi- Guaranty Corporation; Scott Macey, Aon Consulting, mony from John S. Pistole, Assistant Director, Somerset, New Jersey; on behalf of several groups in- Counterterrorism Division, Federal Bureau of Inves- cluding Business Roundtable, National Association tigation, and Harley G. Lappin, Director, Federal of Manufacturers, and U.S. Chamber of Commerce; Bureau of Prisons, both of the Department of Jus- David John, Heritage Foundation, Washington, tice; Charles S. Abell, Principal Deputy Under Sec- D.C.; and Melvin Schmeiser, Baltimore, Maryland. h House of Representatives Appropriations have until midnight tonight, Octo- Chamber Action ber 14, to file a privileged report on H.R. 3289, Measures Introduced: 1 public bill, H.R. 3288, making emergency supplemental appropriations for was introduced. Page H9384 defense and for the reconstruction of Iraq and Af- Additional Cosponsors: Page H9384 ghanistan for the fiscal year ending September 30, Reports Filed: Reports were filed today as follows: 2004. Page H9383 H.R. 2898, to improve homeland security, public Order of Business—Consideration of supple- safety, and citizen activated emergency response ca- mental appropriations bill: Agreed that it be in pabilities through the use of enhanced 911 wireless order at any time for the Speaker, as though pursu- services, amended, (H. Rept. 108–311); and ant to clause 2(b) of rule XVIII, to declare the H.R. 3289, making emergency supplemental ap- House resolved into the Committee on the Whole propriations for defense and for the reconstruction of House on the state of the Union for a period of de- Iraq and Afghanistan for the fiscal year ending Sep- bate on the subject of H.R. 3289, making emer- tember 30, 2004, and for other purposes (H. Rept gency supplemental appropriations for defense and 108–312). Page H9384 the reconstruction of Iraq and Afghanistan for the Speaker: Read a letter from the Speaker wherein he fiscal year ending September 30, 2004; that such pe- appointed Representative Radanovich to act as riod of debate shall not exceed six hours; and that Speaker Pro Tempore for today. Page H9383 after such period of debate the Committee of the Whole shall rise without motion. Page H9383 Order of Business—Report on supplemental appropriations bill: Agreed that the Committee on

VerDate jul 14 2003 03:05 Oct 15, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D14OC3.REC D14OC3 D1112 CONGRESSIONAL RECORD — DAILY DIGEST October 14, 2003 Order of Business—Meeting Hour for Wednes- pate in the rehabilitation of the Wallowa Lake Dam in day, October 15: Agreed that when the House ad- Oregon, S. 1577, to extend the deadline for commence- journs today, it adjourn to meet at 1 p.m. tomorrow, ment of construction of a hydroelectric project in the October 15. Page H9383 State of Wyoming, H.R. 1284, to amend the Reclama- tion Projects Authorization and Adjustment Act of 1992 Adjournment: The House met at noon and ad- to increase the Federal share of the costs of the San Ga- journed at 12:10 p.m. briel Basin demonstration project, and S. Res. 183, commemorating 50 years of adjudication under the McCarran Committee Meetings Amendment of rights to the use of water, 2:30 p.m., SD–366. No committee meetings were held. Committee on Environment and Public Works: business f meeting to consider S. 1066, to correct a technical error from Unit T–07 of the John H. Chafee Coastal Barrier COMMITTEE MEETINGS FOR WEDNESDAY, Resources System, S. 1643, to exempt certain coastal bar- OCTOBER 15, 2003 rier property from financial assistance and flood insurance (Committee meetings are open unless otherwise indicated) limitations under the Coastal Barriers Resources Act and the National Flood Act of 1968, S. 1663, to replace cer- Senate tain Coastal Barrier Resources System maps, S. 1669, to Committee on Banking, Housing, and Urban Affairs: busi- reauthorize the Dingell-Johnson Sport Fish Restoration ness meeting to consider S. 811, to support certain hous- Act, and the nomination of Michael O. Leavitt, of Utah, ing proposals in the fiscal year 2003 budget for the Fed- to be Administrator of the Environmental Protection eral Government, including the downpayment assistance Agency, 9:30 a.m., SD–406. initiative under the HOME Investment Partnership Act, Committee on Finance: to hold hearings to examine com- S. 300, to award a congressional gold medal to Jackie pany owned life insurance, 10 a.m., SD–215. Robinson (posthumously), in recognition of his many Committee on Foreign Relations: Subcommittee on Near contributions to the Nation, and to express the sense of Eastern and South Asian Affairs, to hold a closed briefing Congress that there should be a national day in recogni- to examine overcoming obstacles to peace relating to the tion of Jackie Robinson, and the nominations of Harvey Middle East road map, 2 p.m., S–407, Capitol. S. Rosen, of New Jersey, and Kristin J. Forbes, of Massa- Subcommittee on Near Eastern and South Asian Af- chusetts, each to be a Member of the Council of Eco- fairs, to hold hearings to examine overcoming obstacles to nomic Advisers, Julie L. Myers, of Kansas, to be an As- peace relating to the Middle East road map, 2:45 p.m., sistant Secretary of Commerce for Export Enforcement, SD–419. Peter Lichtenbaum, of Virginia, to be an Assistant Sec- Committee on Indian Affairs: to hold hearings to examine retary of Commerce for Export Administration, 9:30 a.m., S. 550, to amend the Indian Land Consolidation Act to SD–538. improve provisions relating to probate of trust and re- Subcommittee on Securities and Investment, to hold stricted land, 10 a.m., SR–485. hearings to examine the future of the securities markets, Committee on the Judiciary: to hold hearings to examine 10 a.m., SD–538. the nominations of D. Michael Fisher, of Pennsylvania, to Committee on Energy and Natural Resources: Subcommittee be United States Circuit Judge for the Third Circuit, on Water and Power, to hold hearings to examine S. 943, Dale S. Fischer, to be United States District Judge for the to authorize the Secretary of the Interior to enter into 1 Central District of California, and Gary L. Sharpe, to be or more contracts with the city of Cheyenne, Wyoming, United States District Judge for the Northern District of for the storage of water in the Kendrick Project, Wyo- New York, 10 a.m., SD–226. ming, S. 1027 and H.R. 2040, bills to amend the Irriga- Full Committee, to hold hearings to examine the over- tion Project Contract Extension Act of 1998 to extend sight of Department of Justice’s efforts to protect victims certain contracts between the Bureau of Reclamation and of pornography, 2 p.m., SD–226. certain irrigation water contractors in the States of Wyo- ming and Nebraska, S. 1058, to provide a cost-sharing House requirement for the construction of the Arkansas Valley Committee on Agriculture, October 16, hearing to exam- Conduit in the State of Colorado, S. 1071, to authorize ine new generation cooperatives and strategies to maxi- the Secretary of the Interior, through the Bureau of Rec- mize farm and ranch income, 10 a.m., 1300 Longworth. lamation, to conduct a feasibility study on a water con- Committee on the Budget, October 16, hearing on Depart- servation project within the Arch Hurley Conservancy ment of Defense Long-Term Budget Issues, 10 a.m., 210 District in the State of New Mexico, S. 1307, to author- Cannon. ize the Secretary of the Interior, acting through the Bu- Committee on Energy and Commerce, October 15, Sub- reau of Reclamation, to assist in the implementation of committee on Health, hearing entitled ‘‘Evaluating Co- fish passage and screening facilities at non-Federal water ordination of Care in Medicaid: Improving Quality and projects, S. 1308, to authorize the Secretary of the Inte- Clinical Outcomes,’’ 10 a.m., 2123 Rayburn. rior to pursue and complete actions related to the imple- October 16, Subcommittee on Oversight and Investiga- mentation of a U.S. District Court Consent Decree, S. tions, hearing entitled ‘‘The Financial Collapse of 1355, to authorize the Bureau of Reclamation to partici- HealthSouth,’’ 9:30 a.m., 2123 Rayburn.

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Committee on Financial Services, October 16, Sub- H.R. 1399, Black Canyon of the Gunnison National Park committee on Capital Markets, Insurance, and Govern- and Gunnison Gorge National Conservation Area Bound- ment Sponsored Enterprises, hearing entitled ‘‘Reviewing ary Revision Act of 2003; H.R. 1594, St. Croix National U.S. Capital Market Structure: The New York Stock Ex- Heritage Area Study Act; H. R. 1618, Arabia Mountain change and Related Issues,’’ 10 a.m., 2128 Rayburn. National Heritage Area Act; H.R. 1862, Oil Region Na- Committee on Government Reform, October 15, Sub- tional Heritage Area Act; H.R. 1798, Upper Housatonic committee on Civil Service and Agency Organization, Valley National Heritage Area Act; and H.R. 2909, Utah oversight hearing entitled ‘‘Achieving Diversity in the Test and Training Range Protection Act, 2 p.m., 1334 Senior Executive Service,’’ 2 p.m., 2247 Rayburn. Longworth. October 16, full Committee, hearing on ‘‘You’ve Got Committee on Rules, October 15, to consider H.R. 3289, Mail—But is it Secure? An Examination of Internet making emergency supplemental appropriations for de- Vulnerabilities Affecting Businesses, Governments and fense and for the reconstruction of Iraq and Afghanistan Homes,’’ 10 a.m., 2154 Rayburn. for the Fiscal Year ending September 30, 2004, 2 p.m., October 16, Subcommittee on Human Rights and H–313 Capitol. Wellness, hearing entitled ‘‘Castro’s Cuba: What is the Committee on Science, October 16, to mark up the fol- Proper United States Response to Ongoing Human lowing measures: H. Con. Res. 279, recognizing the sig- Rights Violation in Our Hemisphere?’’ 3 p.m., 2154 nificance of the anniversary of the American Association Rayburn. for the Advancement of Science Congressional Science and October 17, full Committee, hearing entitled ‘‘Imple- Engineering Fellowship Program, and reaffirming the menting the SAFETY Act: Advancing New Technologies commitment to support the use of science in govern- for Homeland Security,’’ 10 a.m., 2154 Rayburn. mental decisionmaking through such Program; and H. Committee on House Administration, October 16, hearing Res. 395, recognizing the importance of chemistry to our on the Federal Election Commission Enforcement Proce- everyday lives and supporting the goals and ideals of Na- dures, 3 p.m., 1310 Longworth. tional Chemistry Week; followed by a hearing on The Committee on International Relations, October 16, hearing Future of Human Space Flight, 10 a.m., 2318 Rayburn. on United States Policy in Afghanistan: Current Issues in Committee on Small Business, October 16, hearing enti- Reconstruction—Part II, 10:30 a.m., 2172 Rayburn. tled ‘‘Is America losing its lead in high-tech: implications Committee on the Judiciary, October 16, Subcommittee for the U.S. defense industrial base,’’ 11 a.m., 2360 Ray- on the Constitution, hearing on ‘‘The GAO’s Recent Re- burn. port on the Implementation of Executive Order 12630 Committee on Transportation and Infrastructure, October and the State of Federal Agency Protections of Private 16, Subcommittee on Aviation, oversight hearing on the Property Rights,’’ 10 a.m., 2141 Rayburn. Transportation Security Administration’s Perspective on October 16, Subcommittee on Courts, the Internet, Aviation Security, 9:30 a.m., 2167 Rayburn. and Intellectual Property, to mark up H.R. 3261, Data- Committee on Veterans’ Affairs, October 16, hearing enti- base and Collections of Information Misappropriation Act, tled ‘‘Handoff or Fumble: Do VA and DOD Provide 3 p.m., 2141 Rayburn. Seamless Health Care Coverage to Transitioning Vet- October 16, Subcommittee on Immigration, Border Se- erans?’’ 10 a.m., 334 Cannon. curity, and Claims, oversight hearing on ‘‘Visa Overstays: Permanent Select Committee on Intelligence, October 16, ex- A Growing Problem for Law Enforcement,’’ 1 p.m., 2237 ecutive, briefing on Sensitive Counterterrorism Issues, 2 Rayburn. p.m., H–405 Capitol. Committee on Resources, October 15, Subcommittee on October 16, Subcommittee on Intelligence Policy and Water and Power, hearing on the following: S. 625, National Security, executive, briefing on Global Intel- Tualatin River Basin Water Supply Enhancement Act of ligence Update, 9 a.m., H–405 Capitol. 2003; H.R. 2831, Newlands Project Headquarters and Select Committee on Homeland Security, October 16, Sub- Maintenance Yard Facility Transfer Act; and H.R. 3210, committee on Emergency Preparedness and Response, Little Butte/Bear Creek Subbasins Water Feasibility Act, hearing on H.R. 3266, Faster and Smarter Funding for 2 p.m., 1334 Longworth. First Responders Act of 2003, 4 p.m., 2175 Rayburn. October 16, Subcommittee on National Parks, Recre- October 16, Subcommittee on Infrastructure and Bor- ation and Public Lands, to hold a hearing on the fol- der Security, hearing entitled ‘‘Plugging the Gaps in Bor- lowing bills: H.R. 280, National Aviation Heritage Area der Security: the One Face at the Border Initiative,’’ 1 Act; H.R. 704, Rim of the Valley Corridor Study Act; p.m., 2175 Rayburn.

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Next Meeting of the SENATE (2) H. Con. Res. 270, supporting the goals and ideals of 9:30 a.m., Wednesday, October 15 College Savings Month; (3) H. Con. Res. 273, recognizing and congratulating the Senate Chamber East Boynton Beach, Florida, Little League team as the 2003 United States Little League Champions; Program for Wednesday: After the transaction of any morn- (4) H.J. Res. 70, recognizing Inspectors General over the last ing business (not to extend beyond 10:30 a.m.), Senate will 25 years in their efforts to prevent and detect waste, fraud, continue consideration of S. 1689, Emergency Supplemental abuse, and mismanagement, and to promote economy, effi- Appropriations Act, with votes to occur on Corzine Amend- ciency, and effectiveness in the Federal Government; ment No. 1811 and Reed/Hagel Amendment No. 1834, re- (5) H.R. 1883, to designate the facility of the United States spectively, beginning at approximately 10:40 a.m. Postal Service located at 1601–1 Main Street in Jacksonville, (Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- Florida, as the ‘‘Eddie Mae Steward Post Office’’; spective party conferences.) (6) H.R. 1442, Vietnam Veterans Memorial Visitor Center Act; (7) H.R. 1092, Nevada National Forest Land Disposal Act Next Meeting of the HOUSE OF REPRESENTATIVES of 2003; 1 p.m., Wednesday, October 15 (8) H.R. 1598, Irvine Basin Surface and Groundwater Im- provement Act of 2003; (9) H.R. 1521, Johnstown Flood National Memorial Bound- House Chamber ary Adjustment Act of 2003; Program for Wednesday: Consideration of Suspensions: (10) H.R. 1821, to award a congressional gold medal to Dr. (1) H. Con. Res. 106, recognizing and honoring America’s Dorothy Height in recognition of her many contributions to Jewish community on the occasion of its 350th anniversary, the Nation; and supporting the designation of an ‘‘American Jewish History (11) H.R. 1828, Syria Accountability and Lebanese Sov- Month’’; ereignty Restoration Act of 2003.

Extensions of Remarks, as inserted in this issue HOUSE

Camp, Dave, Mich., E2034 Kanjorski, Paul E., Pa., E2033, E2033 Payne, Donald M., N.J., E2033 Sa´ nchez, Linda T., Calif., E2034 Slaughter, Louise McIntosh, N.Y., E2034 Stearns, Cliff, Fla., E2033 Waxman, Henry A., Calif., E2034

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