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

Vol. 150 WASHINGTON, FRIDAY, NOVEMBER 19, 2004 No. 134—Part II Senate TRIBUTES TO RETIRING served with my father briefly, and over women to screen themselves for breast SENATORS the last 24 years we have served to- and cervical cancer. Mr. DODD. Mr. President, I know the gether in this Chamber. I have not had Over the past few years he spoke hour is getting late and others want to the pleasure of serving with FRITZ HOL- forcefully about the dangers facing this be heard, but I briefly want to express LINGS, except once on the Budget Com- country due to the outsourcing of jobs. some thoughts about our colleagues mittee for a few years. Senator HOLLINGS has always been a who are leaving this wonderful body. We have become very good friends strong and loud voice against fiscal ir- Today we have heard some very com- though. We have traveled together. We responsibility in our Government and pelling speeches, particularly the one have spent a lot of time together. I in favor of creating American jobs. given by my good friend, TOM DASCHLE have been to his State. I have gone to FRITZ is an American original. The of South Dakota, our Democratic lead- South Carolina at his invitation to Senate is not likely to see his like here er. speak to South Carolinians. Inviting again. Whatever else you may have I was pleased to see so many of our this swamp Yankee from Connecticut thought, he was direct and forceful, colleagues remain on the floor to listen to come south of the Mason-Dixon line and spoke with great passion about the to the departing Democratic leader. was a source of tremendous joy and things he believed in. It is the kind of The words he expressed about his pleasure, especially to be with FRITZ public service and the kind of steward- State, his staff, his colleagues, his feel- HOLLINGS, his lovely wife Peatsy, and ship in this body that others could du- ings about the country, and the future, their constituents not too many plicate in years to come. They would are instructive. I know it can sound re- months ago, on a St. Patrick’s Day do well to follow the example of FRITZ petitive when people hear us talk about event in Charleston, SC. HOLLINGS, a wonderful Senator, a de- our colleagues this way, but I think it FRITZ HOLLINGS has done a remark- lightful friend. I shall miss his service is important for the public to note that able job for his State of South Caro- here, but I am very confident I will see while they might hear only about the lina, as well as for his nation, begin- him over and over again in years to bickering, the part that you do not ning with his career in the military, come. And I wish, as my colleagues often see is the deep respect, affection, serving in North Africa and in Europe have, that he, Peatsy, and his family and caring that goes on among the during World War II. He was awarded have many years of joyful retirement. Members of this body. This affection the Bronze Star and seven campaign BOB GRAHAM comes despite the differences that exist ribbons; elected to South Carolina’s BOB GRAHAM is also leaving the Sen- in red States and blue States, or being House of Representatives at the age of ate. I would like to recognize him and strongly conservative or strongly lib- 26, the youngest Governor in that State the State of Florida for sharing BOB eral. in the 20th century; and during his 4 GRAHAM with us. He served for 18 years There is this weaving of a common years as Governor, balanced the State in the Senate. Prior to his election to denominator through each and every budget, dramatically improving South this body, he served as a Governor for one of us, particularly after years of Carolina’s economy. 8 years in Florida, and served pre- common service in this remarkable in- He was elected to the Senate in 1964. viously in both the Florida State Sen- stitution we call the Senate. There is a His resume included an incredible list ate and the House of Representatives. deep and abiding respect for those who of legislative accomplishments. Any- He is without a doubt one of the most have come here, those who have served one who would have accomplished any respected and popular public figures here, those who have tried to make a one of these things could have consid- who have ever represented the State of difference for our country. ered their career a successful one. He Florida. He is well known in Florida It may seem like it is inside discus- was the author of the Women, Infants for working over 400 days alongside his sion, but I hope the public understands and Children Program, the WIC Pro- constituents, as others mentioned this how deeply felt these comments are gram. During my early years in the afternoon, giving him a unique perspec- about colleagues who will no longer Senate, I had the pleasure of working tive on the issues and problems they have the pleasure of spending each and with him on the famous Gramm-Rud- deal with each and every day. every day in this Chamber, but whose man-Hollings Act in 1985, which was But not only was he doing it for Flo- friendship and collegiality will con- called by the Brookings Institution one ridians, those 400 days he spent work- tinue in the years ahead as we encoun- of the most significant pieces of legis- ing along with others became a na- ter each other in different walks of life. lation in the 20th century. tional symbol of someone who went out ERNEST HOLLINGS He wrote the first law designed to of his way to understand and learn how First, FRITZ HOLLINGS has now served protect our coastal wetlands, and initi- other people work and live every single with two generations of my family. He ated a nationwide effort to encourage day.

∑ 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 Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.145 S19PT2 S11596 CONGRESSIONAL RECORD — SENATE November 19, 2004 He has been a tireless advocate for those goals during his 18 years of serv- He spoke of our moral obligation to priorities that affect Florida’s citizens, ice. honor hard work, to lift Americans out including prescription drug coverage He is a wonderful example of what of poverty, expand health care, break for seniors, and preservation of the Ev- Senators need to do if they are going to down racial and economic barriers, to erglades and the Florida coastline. I be successful. If I could offer any words enact fair tax policies to make sure have been privileged to work with him of advice to the incoming class of Sen- that all Americans pay their fair share. on several occasions. I particularly ap- ators who will be arriving on January He spoke honestly and directly about preciate his work for the people of 4, it is to follow the model set by JOHN some of the widening gaps in our soci- Haiti. BREAUX. I don’t care what your politics ety. America listened, paid attention, Since the attacks of September 11, are, if you want to succeed, if you want and rewarded him their respect. Senator GRAHAM has shown an to help your State, if you want to I certainly believe he would have unyielding and passionate commitment make a difference for your country, been an asset to his country had he to making our Nation stronger, safer, then find out ways to work with people stayed in the Senate. I am sorry he is and far more secure. In particular, he across the political aisle. If you do not, not going to be here. He made the deci- has spoken out forcefully and candidly you may enjoy your service here but sion when he sought the Presidency to in favor of reforming our intelligence you will accomplish very little. leave the Senate. I believe JOHN ED- agencies. JOHN BREAUX accomplished great WARDS would have made a tremen- As chairman of the Select Committee things because he understood the im- dously fine Senator in the years ahead on Intelligence during the previous portance of reaching out to people, peo- had he stayed here. He has decided to Congress, he was the primary author of ple with whom he disagreed but he take another path. I am confident, as I sections of the USA Patriot Act that would constantly seek them out if said a moment ago, he will find a way require greater information sharing there were some common ground about to continue to be heard. among intelligence and law enforce- which they could agree. As a result, his I also want to take a moment to ex- ment agencies. He has been outspoken accomplishments were significant. press my best wishes and those of my about what our Nation could have done Many times the accomplishments don’t wife Jackie to his wife Elizabeth. before 9/11 to protect itself, and how it bear his name. You might not find America knows and deeply appreciates is just as important that we do every- JOHN BREAUX’s name on the bill, but Elizabeth. As we all heard a few weeks thing in our power to make this coun- ask anybody who was around when the ago, the family now faces a very dif- try safer in the 21st century. bill became law, and they will tell you ferent kind of fight. I am certain I BOB GRAHAM leaves this body as one it happened because JOHN BREAUX speak for everyone in this body, across of its most respected Members, and one brought people together. the country, regardless of their polit- of the most well liked public servants I will miss him. This body will. He ical views and how they voted on elec- in his State and in this Chamber. We had some wonderful accomplishments tion day, when they heard that Eliza- will miss him in this body and I wish here which made a huge difference, and beth Edwards had breast cancer, every BOB and his lovely wife Adele and the I wish him and his family the best in single person in this country prayed to rest of their family all the best in the the years to come. the dear Lord that Elizabeth Edwards years to come. JOHN EDWARDS will be rid of this dreadful disease, and JOHN BREAUX JOHN EDWARDS, as well, is leaving the that she and her young children will Our colleague, JOHN BREAUX of Lou- Senate. What a remarkable 6 years. have years and years of good health isiana, follows a great tradition of Short in some ways but rather signifi- ahead. some remarkable people who served cant considering what he was able to I am confident that will be the case that State in this body. For 35 years, accomplish. He brought enthusiasm, knowing what a fighter she is and what JOHN has been, first a staff member, optimism, and eloquence that won him a fighter her husband is. then a House Member for 14 years, and voters and supporters in his first effort We all wish them and their family for the past 18 years a Member of the to seek election in the State of North nothing but the best during this dif- Senate. JOHN BREAUX was elected to Carolina. He was a powerful voice for ficult time. the Senate to fill the seat of the late the Democratic Party throughout the BEN NIGHTHORSE CAMPBELL Russell Long, considered one of the Democratic primaries. He was a power- Mr. President, I also want to take a most capable and effective men ever to ful voice for our party this past year as few minutes to speak about another serve in this body. In fact, my father, a Vice Presidential candidate. That is a dear friend, BEN NIGHTHORSE CAMP- who served with Russell Long, as I did rather remarkable set of accomplish- BELL. for some time, saw Russell Long as a ments in 6 short years. BEN and I have served together for a great and dear friend. He distinguished himself, of course, while on the same side of the aisle. BEN I am proud to call JOHN BREAUX a by exceeding expectations in many made a decision to move to the other friend as well. Without a doubt, Sen- cases. He rose from a background of side of the aisle a few years ago. We ator BREAUX has ably filled the impos- modest means. As we have heard said, talked at great length about his deci- ing shoes of Russell Long during his he became the first in his family to go sion. I recall how it was very difficult. service here. on to higher education, then law In fact, we talked into the wee hours of JOHN BREAUX has won great respect school, becoming one of the most suc- the morning about his decision to go on both sides of the aisle for his ability cessful attorneys in America, not only from the Democratic side of the aisle to reach across party lines and bring in his home State of North Carolina. to the Republican side of the aisle. Senators together. He is a legislator’s He won difficult cases motivated by Despite that change, we have contin- legislator. We don’t often celebrate leg- trying to see to it that people who had ued our strong friendship over the islators. People often run to serve in little means to protect themselves years. I respected his decision. I was this body by promising to be inde- would have an advocate when he rep- disappointed by it, obviously, but none- pendent, to be their own person, to not resented them in a court of law. theless, I respected the decision he compromise. It is an appealing polit- Here in this body he took a leading made and the reasons for his arriving ical argument. But all of us who serve role on the Patients’ Bill of Rights. He at that decision. I have great affection here know that our ability to get any- brought a compelling and compas- for him and wish nothing but the best thing done requires our ability to com- sionate message to America. He talked in the years ahead. promise with one another. about two Americas: the America of He has a compelling story. He is the We are 100 coequals serving in this those who have, and those who lack the son of a Portuguese immigrant and a great legislative body. The only way good things in life, who lack the essen- Northern Cheyenne Indian. He is 1 of 44 anything ever happens is if people are tials and basics. JOHN spoke of the real chiefs of the Northern Cheyenne Indian willing to compromise and work to- moral values shared by mainstream Tribe. He is the first American Indian gether. JOHN BREAUX understood that America. He is a young man whose to chair the Committee on Indian Af- from the day he arrived here and never voice will be heard, I will predict, in fairs. Without a doubt, Senator CAMP- failed to seek out the means to achieve the coming months and years. BELL’s heritage has enabled him to

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.147 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11597 bring a unique perspective to this body, off the floor. He knew how to separate leader and spokesman for our party a perspective I know all of us have val- differences on public policy and not and our beliefs on the Senate floor or ued over the years. have it contaminate personal relation- on national news programs. Throughout his 12-year tenure in the ships. Anyone who has observed TOM Senate, Senator CAMPBELL has rep- Again, the new Members arriving DASCHLE over these past 18 years resented not only his constituents in here, as you get involved in debates, if knows he is generally not one to raise Colorado but Native Americans all you have disagreements with your col- his voice. But beneath his gentle de- across our Nation. For some years, he, leagues on matters, don’t let it become meanor and soft tone and human de- along with DAN INOUYE of Hawaii and personal. That very colleague you are cency is a fierce determination to do others, have worked hard to establish having the fight of your life with what is right for both his constituents the National Museum of the American today, tomorrow may be your most sig- in South Dakota and the American Indian. Finally, this past September, nificant ally on another issue. DON people. His service to the people of the dream finally became reality. It NICKLES is a wonderful example of that South Dakota has been outstanding. never would have happened had it not kind of stewardship in the Senate. I noted earlier that Senator PAUL been for BEN NIGHTHORSE CAMPBELL So to DON, Linda, and their family SARBANES of Maryland quoted some and DAN INOUYE. and children, we wish them the very editorials from newspapers of South As a result of their determination best in the coming years. I am con- Dakota talking about his service to over the years to see that there would fident one way or the other that DON their State over these past 26 years in be adequate recognition for America’s NICKLES is going to be directly and the House and the Senate. Native peoples, the museum would not deeply involved in the public debate As a Senator from our Nation’s third have happened. and discourse in our country in the smallest State in terms of area, I am BEN NIGHTHORSE CAMPBELL has been coming years. somewhat spoiled by the ease with involved in many other issues such as PETER FITZGERALD which I am able to meet with my con- the Helsinki Commission. But his par- Mr. DODD. Mr. President, PETER stituents. TOM, on the other hand, has ticular contribution, I think, will al- FITZGERALD is also a good friend. He represented a State of over 77,000 ways be raising the profile and the in- has represented his State of Illinois square miles, smaller I might add than terests of our Native Americans. and is leaving after only one term. the State of the Presiding Officer of All of us, again, wish him and Linda Again, as Senators from the opposite Montana, but nonetheless daunting if and their family the very best in the sides of the aisle, Senator FITZGERALD you come from a State such as Con- years to come. and I often disagreed. We found some necticut which is so much smaller. You DON NICKLES common ground on some issues, includ- have counties in your State of Mon- ing the Patients’ Bill of Rights, the Mr. President, DON NICKLES and I ar- tana which are larger, I think, than the gun show loophole, and campaign fi- rived here on the same day in January State of Connecticut. of 1981. There were 16 Republicans and nance reform. I wish him good luck Each year TOM set aside time to 2 Democrats. If you think we had a when he returns to the private sector drive to each of the 66 counties in the sweep one way or the other a week or where he has been an extremely suc- State alone in his car with no staff, two ago, in 1981 there was truly a cessful attorney in the banking indus- just arriving in town, seeing people and sweep. There were 16 Republicans and 2 try. I caution him not to do too well. I talking to them regardless of the lofty Democrats. The other Democrat was am on the Senate committee respon- position he held here on the Democrat Alan Dixon of Illinois, my good friend. sible for overseeing that carefully. I side of the aisle. He always took that Of the 16 Republicans who were elected, say that, of course, with tongue in time out each year to go back to recon- there will now only be 2 left in the cheek. nect with the roots of South Dakota 109th Congress. Today there are three I certainly wish he, Nina, and Jake and to meet with his people at home is of the sixteen Republicans elected in all the best in the years to come. one of the reasons why he never was 1980. DON NICKLES is the third, and he TOM DASCHLE confused by the title of ‘‘leader.’’ He is leaving. I always say 50 percent of Mr. DODD. Mr. President, I want to was always very firmly planted on the the Democrats are still here after 24 share a few thoughts about our Demo- ground and why he would fight as lead- years. cratic leader. er not only for our national issues but It was an interesting class. DON NICK- I mentioned at the outset of these re- for State issues. LES certainly was a remarkable public marks that I was so deeply moved and servant. Here he is after 24 years. I impressed today by the words of TOM He was completely understanding of other Senators who would come to him think DON is barely over 50. He was one DASCHLE. I hope all of our colleagues, if of the youngest people ever elected to they were not here, will read his re- and talk about the needs in their own the Senate. He looks even younger. I marks. It was about as good a speech States. Because he was so rooted in un- think he ran the marathon just a few as I have heard given in this body in a derstanding of his own constituent weeks ago, and is certainly in great long time. It laid out some pretty im- needs, he was deeply sympathetic to health. He is truly a remarkable per- portant standards for all of us to keep other Senators as they lobbied on be- son. in mind, particularly those of us serv- half of matters that were important to We have disagreed on issues and have ing here—the notion of hope that he their constituencies. different points of view on many ques- talked about; the notion of not forget- He championed legislation to provide tions facing our country. But there has ting where you come from no matter disaster relief for farmers, expand been no tougher, tenacious fighter for how important you think you are at health care services in rural area, ex- policies which he holds so dear, par- any given moment; to remember your pand health care to Native Americans, ticularly in budgetary matters. staff; to remember the people who and the list goes on. He has been a staunch supporter of helped make us successful and who de- In his role as Democratic leader TOM lower taxes on business, of free mar- serve great credit for their tireless con- DASCHLE has stood for the values that kets, of limited government regula- tributions; remembering people who are the bedrock of our Nation, such as tion. He is as tough a competitor as work in the Senate, arrive here in the a strong middle class, a foreign policy you are ever going to find. wee hours of the morning to make that keeps America strong by working I will tell you that when the battle is these buildings operate; and remem- with our allies, fiscally responsible over—again, this is my advice to the bering his constituents and his family. economic policies that invest in crit- new Members coming in, if you want a It was as eloquent a farewell address as ical national priorities such as jobs, real role model to look to on how to you are ever going to hear in the Sen- education, and health care. serve—you could have one of the most ate. During President Clinton’s term he fierce debates in your life out here on TOM DASCHLE, of course, has served helped advance the agenda that created the floor with DON, but the minute with me in the Senate since 1987. He over 22 million new jobs in our Nation, that debate was over, you wouldn’t has served as Democratic leader for the the longest period of economic expan- have a better friend when you walked past decade. He has been a very able sion in American history.

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.150 S19PT2 S11598 CONGRESSIONAL RECORD — SENATE November 19, 2004 Over the past 4 years, he has led our Senator DODD, a son of a Senator a century of Senate service. And he party’s efforts to return to more re- himself, has deep connections and still looks like he is 31. sponsible policies that can make our many years here and understands it Back then, he fought to eliminate Nation stronger both at home and better than most. It is important that the inheritance tax on spouses and now abroad. we recognize the humanity, the skill, he works to eliminate the inheritance On a personal level, I will miss TOM the dedication of each Member of the tax altogether. DASCHLE very much. I am the indi- body, whether we agree politically, Back then he fought natural gas vidual who lost to him by one vote 10 whether we are in the same party, and price controls which contributed to our years ago. I remember that day very we recognize that. energy crisis and now he fights price well as we competed to become Demo- Senator DODD, thank you for the controls on prescription drugs. cratic leader. Many people assume comments. It means a lot to the body, Back then he fought the windfall when anyone goes through a battle like as does your leadership. profits tax and now he fights to ease the tax on profits and wages of busi- that, an intense battle of some 24 days, DON NICKLES that it may cause a permanent divide nesses and families alike. Mr. MCCONNELL. Mr. president, the Mr. President, there isn’t a Member in a relationship. We quickly got over year was 1980. Inflation was 13 percent, of this body who doesn’t respect DON that. I certainly did, and Tom did. He mortgage rates were hitting 15 percent, reached out to me directly, invited me NICKLES as a man of strong conviction, unemployment was 7.1 percent, and the character, and deep faith. to be part of a circle that would help economy was suffering its fourth year shape positions within our party. He is I think there is good reason why he is of recession in 10 years. seen that way. When the Founding Fa- a gracious human being. We have be- The Soviet Union was on the march come very good friends, and we will re- thers designed the Senate to be one of in Afghanistan, its puppets were lead- the central pillars of American democ- tain that friendship. ing insurgents in Central America and I would be far less than candid with racy, I think DON NICKLES is exactly South Africa, and U.S. Embassy offi- my colleagues or my constituents if I the sort of citizen legislator they envi- cials were being held as hostages in didn’t tell you I will miss this man sioned. Iran. He has been a strong but happy war- very much. He is as decent a human ‘‘Stagflation’’ and ‘‘malaise’’ were being as I have ever known in my life, rior, and used the rules of this body to the new words of the American lexicon. bring honor to the Senate and good in public or in private life. He is a Then the Reagan revolution swept good, good man. Whatever he does, he service to our country. He loves the across this Nation and into this town. Senate and it showed every time he will bring great integrity, great honor, And while Ronald Reagan was the lead- and great decency to any endeavor that spoke. And we grew to love him in that er, he was not alone. Across this broad he becomes involved in. process. Nation, ordinary people came to this I look forward to many years of good Through it all, he has never forgot- friendship with him and Linda. I wish city with similar vision and they ten where he came from, or the people he and his family the very best in the helped President Reagan accomplish who put him here 24 years ago, or those years to come. extraordinary things. who supported him, especially his won- I apologize for taking this extra One of these ordinary people was a derful wife, Linda and his four chil- time. It is important that the public young businessman from Ponca City, dren. hear Members talk about each other, OK. At the tender age of 31, DON NICK- He will be remembered as the ‘‘keep- even those who disagreed on matters, LES was the youngest Republican ever er of the conservative flame,’’ and like that they understand why this institu- elected to the U.S. Senate. Ronald Reagan, should enjoy the leg- tion works more than 230 years after But while he might have been young, acy of freedom and economic pros- the Founders created it. it didn’t take long for the Senate to perity he has created for all Americans I, as a Senator from Connecticut, discover that this young man—a in the years to come. take unique pride in the Senate be- former janitor who worked his way PETER FITZGERALD cause it was Roger Sherman and Oliver through college—was wise beyond his Mr. President, I rise today to bid Ellsworth, both of Connecticut, who of- years and as solid as the Rock of Gi- farewell to the Senator from Illinois. fered at the Constitutional Convention braltar. PETER FITZGERALD came to the Sen- the idea of the Senate representing Freedom has had no greater defender ate 6 years ago already a champion. He small and large States. Arguing over a than DON NICKLES. He has been a was the first Republican to win a Sen- unicameral system, Sherman and Ells- strong proponent of the free enterprise ate seat in Illinois in 20 years. He was worth said, how about having a second system. On budget, tax, debt matters— the only Republican challenger to de- body with equal representation, regard- in fact on almost every conceivable feat an incumbent nationwide that less of the size or the population of the question of fiscal policy, DON NICKLES year. And upon his arrival 6 years ago, State. As a result, this institution was was dead on target. he was the youngest member of the created. It has been a great place that He was absolutely committed to the U.S. Senate. So expectations for this has served our Nation for so long and I bedrock Republican principles of cut- new Senator were high. am confident it will in the future. ting taxes, reducing the size of the Senator FITZGERALD exceeded those We have been blessed by the partici- Government, and slaying the budget expectations. From the beginning, he pation of those who are leaving. All of deficit leviathan. fought to cut wasteful Government us wish each and every one of them the And to these seemingly insurmount- spending, fraud at the public till, and very best in the years to come. able goals, he brought a relentless yet mismanagement of the people’s money. I yield the floor. cheerful determination. He led the fight against the recent cor- The PRESIDING OFFICER (Mr. He has served this Nation and the porate scandals that damaged our BURNS). The Senator from Alabama. people of Oklahoma so very well, with economy. Mr. SESSIONS. Mr. President, I distinction and unwavering courage. Senator FITZGERALD has been a lead- thank Senator DODD for his comments. Too often, public servants come to er in bringing government into cyber- My relationship and experience with Washington to drain the swamp until space by sponsoring successful bills to TOM DASCHLE was a man who was a they see it as a hot tub. Not DON NICK- allow farmers to work with the Agri- straight shooter. Every time I asked LES. He changed Washington rather culture Department online. He has also him something, I got a legitimate an- than letting Washington change him. been a champion for improving child swer. If he committed to do something When he came to the Senate, he nutrition, by making it possible for to help me, he did it. He was a gen- wanted to rein in Government so peo- consumers to use food stamps to make tleman at all times. We never had a ple could keep their hard-earned dol- purchases online. He has focused on harsh word. We may disagree—and we lars, and when he leaves now, his belief consumer safety by requiring stricter did disagree over policies, we all did— is the same today as it was when he standards for child car seats and car and debated and argued and fussed, as placed his hand on the Bible. safety features. we do in this Senate, but there is some- That is the way it was then and now, Illinois, where Senator FITZGERALD thing special about this body. and every day of his almost quarter of was born and raised, is the State that

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.153 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11599 sent Abraham Lincoln to the White serving, and only the eighth in the his- quiring official budget numbers to ex- House. Abraham Lincoln was one of tory of Congress. clude Social Security. As a number of America’s greatest Presidents, and the And the Senate is not the only exclu- OMB and CBO Directors came to dis- first President of the Republican sive club in which he claims member- cover, Senator HOLLINGS was not one Party. The great State of Illinois is ship. He also is on the Council of 44 to sit quietly through a Budget Com- known as ‘‘The Land of Lincoln.’’ Chiefs for the Northern Cheyenne Tribe mittee hearing while they attempted But I am a little jealous of Illinois’s of Lame Deer, Montana. to obscure deficit figures by including claim on this great American. Abra- Senator CAMPBELL is an honest, Social Security revenues in their budg- ham Lincoln was born in a log cabin in straightforward man who likes simple et calculations. Hodgenville, KY, my home State, and pleasures. He served his country with Perhaps most of all, Senator HOL- we Kentuckians like to think of him as the U.S. Air Force in the Korean War. LINGS will be remembered for his ef- one of our own. He and his wife of over 35 years, Linda, forts to protect Social Security, long I have welcomed Senator FITZGERALD have two children and three grand- before protection of this entitlement to my home State before, and he is wel- children. became fashionable. As we move into a come again in the Bluegrass State any- He has designed award-winning jew- new debate over the future of this vital time, especially Hodgenville. elry and trained champion quarter program, the Nation will surely regret Senator FITZGERALD had a long ca- horses. And being from Kentucky, the that we did not earlier pay heed to his reer of public service even before join- horse capital of the world, he has my warnings to prepare for the baby boom ing this body, and I have no doubt he special appreciation for that. I have retirement by paying down Federal will continue to serve the people of Illi- welcomed him to my home State be- debt. Senator HOLLINGS will be missed nois when he returns to the Prairie fore, and he is welcome again in the in the coming discussion over Social State. Most of all, he will enjoy the Bluegrass State anytime. Security, but I am sure he’ll make his company of his wife, Nina, and their In 2001, Senator CAMPBELL rode a mo- views well known with his uncanny young son, Jake. torcycle specially designed in red, ability to describe complex issues in Because Senator FITZGERALD is a pas- white, and blue in the Inaugural Pa- simple and straightforward terms. sionate Chicago Cubs fan, I suspect rade. I, for one, would not be surprised Finally, I will remember Senator Jake will be going to a lot more games. to see him ride that bike all the way HOLLINGS for his fierce criticism of trade agreements that threatened the The Senate’s loss is Jake’s gain, and a from here to his hometown of Ignacio, textile and agricultural sectors of gain for the Fitzgerald family and the CO, now that his 12 years with us draws South Carolina. He spoke out against people of Illinois. I thank the Senator to a close. It has been an honor to GATT and NAFTA, and continued to from Illinois for his service to his share this Chamber with him, and I sa- fight for fair trade throughout his serv- State, the Land of Lincoln, and to the lute his service, tenacity, and integ- ice. His strong opposition to unfair Nation. rity. trade agreements will be sorely missed But most of all I salute his courage. BEN NIGHTHORSE CAMPBELL by the workers and farmers for whom He stood tall as one of 100, and he stood Mr. President, I rise today to bid he fought. farewell to the Olympian from Colo- just as tall alone. Given his long history in the Senate, rado. ERNEST HOLLINGS and his penchant for speaking out with Forty years ago, Senator BEN Mr. CONRAD. Mr. President, for the a cutting wit on important issues, I NIGHTHORSE CAMPBELL carried the past 38 years, Senator HOLLINGS has know that Senator HOLLINGS will con- American flag in the opening cere- served the state of South Carolina in tinue to fight for the causes in which monies of the Olympic Games in the U.S. Senate with honor, grace, and, he believes. However, his individuality, Tokyo, Japan. He was the captain of most famously, a fiery wit. It is an un- his respect for learning the complex- the U.S. judo team and already a Gold derstatement to say that the Senate ities of issues, and his dedication to Medalist in the 1963 Pan-American will not be the same without him. Dur- South Carolina and the U.S. will be Games. For most men, that would be ing his 38-year career, he has been an missed in the Senate. I wish him well accomplishment enough for a lifetime. outspoken champion of fiscal dis- as he heads home to Charleston, and But for BEN NIGHTHORSE CAMPBELL, it cipline, an early proponent of main- thank him for his many years of hard was only the beginning. taining Social Security solvency, and a work. Every one of us who has been privi- fighter against trade agreements that JOHN BREAUX leged to serve in the Senate knows that put the domestic textile industry at an Mr. President, the State of Louisiana we will never again see anyone quite unfair disadvantage. has grown accustomed to sending its like BEN NIGHTHORSE CAMPBELL. He is I will particularly miss Senator HOL- Senators to Washington and keeping probably the only Senator equally LINGS whenever I attend meetings of them there for a long time. By the comfortable driving a truck or a Har- the Budget Committee. Senator HOL- standards of his illustrious State col- ley-Davidson motorcycle. He has been LINGS is the only serving Senator who leagues like Allen Ellender, Russell both a Democrat and a Republican, al- has served on the Senate Budget Com- Long, and Bennett Johnston, some though he is now a Republican, and I mittee since it was created in 1974. As might think Senator BREAUX is making remind the President that wisdom the last of the original members of the, an early exit after only three terms. blooms with age. committee, his institutional knowl- However, add in the 14 years that he In 1995, Senator CAMPBELL heroically edge and passion for fiscal discipline represented his States’s 7th Congres- subdued and handcuffed a man who had will be missed. sional district in the House of Rep- assaulted the late Senator Strom Thur- Budget issues have always been a resentatives and that comes to 32 years mond in the Capitol subway. I suspect passion of Senator HOLLINGS, and he of Congressional service for the people many Senators became a little more shares my penchant for using charts to of Louisiana. inclined to vote for his amendments prove a point. Senator HOLLINGS’ favor- During a period when it has become after that. ite chart shows gross debt, and I am increasingly difficult to work across Senator CAMPBELL has consistently sure he will be taking it with him when party lines, I admire Senator BREAUX’s fought to reduce the burden the Fed- he leaves. Senator HOLLINGS was tire- determination to continue pursuing bi- eral Government places on American less in his efforts to educate his Senate partisan efforts. He has a genuine re- families by cutting taxes and spending. colleagues and the public on the dan- spect for the Senatorial traditions that Hailing from the home of the Rocky gers of gross Federal debt and the need can still help this body reach con- Mountains, he has led the Republican to use honest numbers in describing sensus, even on difficult issues. Party in preserving our environment. our budget outlook. His dedication to Since I became a member of the Fi- He was instrumental in establishing bringing truth to budgeting was unsur- nance Committee in 1993, the gen- the National Museum of the American passed. tleman seated to my left has been JOHN Indian on the National Mall, which Senator HOLLINGS also relentlessly BREAUX. I know firsthand his commit- opened this fall. He is the only Native- defended Section 13301 of the Omnibus ment to the Social Security and Medi- American Indian Senator currently Budget Reconciliation Act of 1990—re- care programs and how deeply he cares

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.059 S19PT2 S11600 CONGRESSIONAL RECORD — SENATE November 19, 2004 about their long-term stability. He also I doubt that Senator BREAUX will be When I first came to the Senate, I made effective use of his position as out of the public policy business for was proud to work with Senator chairman and ranking member of the long. Someone with his experience and GRAHAM to bring the deficit under con- Special Committee on Aging to high- ideas will be a valuable asset wherever trol. Senator GRAHAM was a leader for light the importance of these programs he decides to go after leaving the Sen- fiscal responsibility in the Senate, and to seniors both today and in the years ate. We will miss him as a colleague, he helped to focus our efforts to cut to come. but I would not be surprised to see our wasteful spending and institute budget Just over a decade ago, Senator friend JOHN BREAUX back here often. reforms that brought the deficit under BREAUX was one of a handful of mod- BEN NIGHTHORSE CAMPBELL control, and ultimately created a budg- erates who came together to seek a bi- Mr. President, I rise today to pay et surplus. His leadership will certainly partisan approach to health care re- tribute to my colleague and friend Sen- be missed in this area in the next Con- form. When the budget process stale- ator Ben Nighthorse CAMPBELL. gress, as we must come to terms with mated a few years later, Senator Since his election to the Senate in the largest deficit in our Nation’s his- BREAUX went to our late colleague, 1992, Senator CAMPBELL has been the tory. Senator JOHN CHAFEE, to develop a cen- only Native American in this body and Senator GRAHAM was also a voice for trist approach to fiscal discipline. As a only the eighth to serve in Congress. fiscal sanity on the Finance Com- founding member of what came to be Senator CAMPBELL’s road to the Con- mittee, a committee that in recent called the Chafee-Breaux group, I saw gress took many interesting turns—a years has too often promoted policies how Senator BREAUX worked to expand truck driver, veteran, athlete, jewelry that have deepened our fiscal problems. participation and come up with com- designer, and trainer. He served honor- It isn’t easy to go against your col- promises on the key sticking points of ably in the Air Force during the Ko- leagues, whether in a committee or in tax and entitlement policies. In 1996, rean War. He represented the United a caucus, to stand up for what you be- we put forward an alternative budget States as captain of the 1964 U.S. lieve is right. But that’s exactly what that got 46 votes despite the active op- Olympic Judo Team. Later, he built a BOB GRAHAM has done throughout his position of both the Democratic and successful jewelry business as well as time in the Senate, and I greatly ad- Republican leadership. This effort di- bred and trained quarter horses. rectly laid the groundwork for the 1997 During our time in the Senate, I have mire him for it. Balanced Budget Act, which put us on come to know Senator CAMPBELL best His independence has also extended the track to balance the moral budget as a fellow member of the Committee to his work in the fight against ter- in fiscal year 1998 for the first time on Indian Affairs. Senator CAMPBELL rorism, where he has been an since fiscal year 1969. has served as Chairman and Ranking unyielding voice for a stronger, more Senator BREAUX put the same energy Member of that committee since 1997. focused war on terror, and I thank him into Medicare reform. He refused to be In that capacity, he proved to be an for his outspoken leadership on this discouraged by the slings and arrows of outspoken leader and tireless advocate critically important issue. partisans on both sides who complained for all Native Americans. He invested Here in the Senate, we will miss BOB that his approach did not sufficiently the time to learn about the diverse in- GRAHAM’s thoughtful leadership, his adhere to either side’s vision of ideo- terests impacting tribes across the unfailing civility, and his unstinting logical purity. His tireless efforts paid country and worked across party lines friendship. I thank him for his service off last year when Congress adopted to develop workable solutions to those to the State of Florida and to this the most far-reaching changes to the problems. country, and wish him all the best in Medicare since its inception. Due in Senator CAMPBELL often focused on his retirement. large part to the efforts of Senator developing and refining Federal pro- DON NICKLES BREAUX, Medicare for the first time grams that would provide a hand-up Mr. COCHRAN. Mr. President, the de- will provide prescription drug coverage and build reservation economies to cision of the distinguished Senator to our seniors. help make sure all Native Americans from Oklahoma, Mr. NICKLES, to retire I also had the privilege of working share in the prosperity other Ameri- from the Senate will deprive this body closely with Senator BREAUX on the Fi- cans have seen. He was also instru- of one of our most trusted and insight- nance Committee to protect the inter- mental in securing a National Museum ful leaders. I will miss very much the ests of our highly efficient sugar indus- for American Indians, an effort that pleasure of serving with such an hon- try. As co-chair of the Senate sweet- started more than 15 years ago and cul- est, forthright, and diligent colleague. ener caucus, Senator BREAUX was a minated with a museum opening this He brought to the Senate the valu- zealous advocate for the Louisiana September along the National Mall. able experience of running a family sugar cane industry. We joined to- I particularly appreciated Senator business which was translated through CAMPBELL’s role in helping the tribes gether to fight misguided provisions of the use of his legislative skills into in North Dakota make sure the, Fed- the NAFTA that would have threat- public policies that strengthened our eral Government fulfilled its long- ened the U.S. sugar industry and suc- economy by improving our tax and standing commitment to compensate ceeded in getting the Clinton adminis- labor relations laws. them for the infrastructure lost due to tration to renegotiate this part of the As chairman of the Budget Com- agreement. More recently, Senator the construction of the Missouri River mittee he was successful in his efforts BREAUX has taken a lead role in oppos- dams. Senator CAMPBELL has helped to curb unnecessary spending. He was ing the Bush administration’s efforts me shepherd legislation through Con- fairminded in his dealings with Sen- to trade away the future of our sugar gress that would fulfill one of these ators on both sides of the aisle. industry in ongoing trade negotiations vital promises to the Three Affiliated He was a true friend to me in the with Central America, Australia, and Tribes, the replacement of its hospital. Senate and a great help as a coach on other countries. I truly appreciated his support. the golf course. I wish him and his Senator BREAUX already has one last- Senator CAMPBELL has been a true ing legacy firmly in place as one of the champion for Native Americans. His wife, Linda, much happiness and suc- creators of the Wallop-Breaux Aquatic compassion and conviction will be cess in the years ahead. Resources Trust Fund. This far-sighted missed in the U.S. Senate. BEN NIGHTHORSE CAMPBELL and innovative idea resulted in a fund- BOB GRAHAM Mr. President, I regret that my ing mechanism for programs to pro- Mr. FEINGOLD. Mr. President, today friend from Colorado, Mr. CAMPBELL, is mote recreational boating safety and I want to pay tribute to Senator BOB retiring from the Senate. He and his sport fish restoration by using proceeds GRAHAM, a man who has served in the wife, Linda, have become good friends from the excise taxes on motorboat U.S. Senate with great distinction for who will be truly missed. fuel and fishing equipment, along with the last 18 years. The people of Florida I enjoyed serving for a few years on duties on related imported goods. The have been fortunate to be represented the Committee on Indian Affairs with beneficiaries are the more than 70 mil- by a man who is as thoughtful, as him, and I have had the pleasure of lion recreational boaters and sport tough-minded and as independent as traveling with him on official business fishing enthusiasts across the country. BOB GRAHAM. of the Appropriations Committee.

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.061 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11601 His service in the Senate has been ex- gration in our public schools, and from ing and reduce taxes. And he has been emplary. He has taken his responsibil- an agrarian economy to a more modern a proponent for consumer safety issues, ities seriously, and he has reflected and diversified industrial economy, he focusing on areas such as improving credit on his State. led with political courage and keen in- car safety and child booster seats. I did worry about his motorcycle sight about what was right and what I have the utmost respect for PETER. riding. But it was an asset when the was wrong, and what was hopeless and His courage and determination, even new King of Jordan visited the Senate what was possible. when faced with a daunting challenge, and asked to go for a ride. I have always admired FRITZ HOL- are remarkable. He has gone up against I hope we will continue to look to LINGS because he acted on his convic- unscrupulous corporations and polit- Senator CAMPBELL for advice and coun- tions. But, he was not a gadfly. His ef- ical corruption. He has had significant sel in the years ahead, especially on forts to enact new budget rules under roles in investigating corporate ac- the finer points of self defense as an the Gramm-Rudman-Hollings bill were counting fraud, and PETER also has Olympic Gold Medal winner in judo. an example of his effective leadership fought political corruption across ZELL MILLER to impose restraints on Federal spend- party lines, leading the Chicago Trib- Mr. President, as I think about the ing. une conclude that ‘‘no one person has retirement of our colleague from Geor- He was an effective leader on the done more for political reform in Illi- gia, Mr. MILLER I am reminded of the Budget Committee, the Appropriations nois than PETER FITZGERALD.’’ song, ‘‘Johnny, I Hardly Knew You.’’ Committee, and the Commerce Com- I have been privileged to serve along- It doesn’t seem very long ago since I mittee in a wide range of issues includ- side PETER on the Senate Agriculture heard his maiden speech. He said in a ing national defense, trade, commu- committee, working together on issues strong voice that he had not come to nications, ocean policy, budget policy, important to our strong agriculture the Senate to represent a political education, and foreign relations. States. As an advocate for increasing party but rather he was here to rep- I always enjoyed hearing FRITZ tell hunger awareness myself, I admire his resent the interests of the people of stories about his fellow Southern Gov- work to make food stamp benefits for Georgia. He has proven to be a man of ernors. He will be missed for many rea- low-income families more easily acces- his word. He has demonstrated great sons, but especially for always being sible, including making program bene- courage and much conviction as he has himself, without pretense or apology. fits available over the Internet. carried out his promise to the Senate TOM DASCHLE PETER and I share many similar and to the people he has represented Mr. President, I congratulate the dis- views, but what is not widely known is and voted for here in the Senate. tinguished Senator from South Da- that we look for the same qualities in I have observed closely his work in kota, Mr. DASCHLE, on his remarkable our extraordinary staff members. In the Agriculture Committee where he career in the U.S. Senate. fact, managing the Fitzgerald office is has been a very thoughtful and effec- Soon after he was elected to the Sen- chief of staff Greg Gross. Greg is a very tive voice for his State and our Nation. ate, in 1986, my wife, Rose, and I had talented member of his team, and I can His well-reasoned and well-informed the pleasure of taking a trip to Russia attest to this because Greg also did method of approaching all the issues with Tom and his wife, Linda. We thor- such good work with me at the Amer- that come before the Senate is very im- oughly enjoyed their company; and, in ican Red Cross. I thank Greg for all his pressive. He is serious minded about spite of the difference in party affili- counsel during my first 2 years in the his responsibilities, and he works very ation, I have had a feeling of respect Senate. It is widely known that PETER FITZ- hard to be an effective force for solving and appreciation for the Democratic GERALD is a principled and independent the problems that face our country. leader ever since. We have served together on the Agri- leader. He has time after time proven If more public servants had the char- culture Committee and worked to help that he will go against the flow, go acter and the commitment to doing the farmers solve their problems. I have against what is popular, because he is right thing, whatever the consequences admired his dedication to the Senate loyal to his own ideals and doing what as ZELL MILLER does, our destiny and his intensity of motivation as the he believes is right for the people and would be assured. opposition leader. He has been a very families he represents. PETER is a re- JOHN BREAUX effective leader, and I wish him and freshing elected official; a devoted fam- Mr. President, it is hard to believe Linda much happiness and satisfaction ily man to his wife Nina and son Jake; that my good friend from Louisiana, in the years ahead. and a diligent public servant. It goes OHN REAUX J B , is retiring from the Sen- PETER FITZGERALD without saying, people in Washington ate. We served in the other body to- Mrs. DOLE. Mr. President, It truly and people in Illinois will sorely miss gether when we were very young, and has been a privilege to serve in the Senator PETER FITZGERALD. we have been friends ever since, even Senate with my good friend PETER TOM DASCHLE though he almost always beat me on FITZGERALD. As many Illinois news- Mr. FEINGOLD. Mr. President, I am the tennis court. papers wrote when PETER announced he pleased to pay tribute to Senator TOM JOHN BREAUX always took his respon- would not seek re-election, his decision DASCHLE, who has served South Da- sibilities in the House and in the Sen- to retire from the U.S. Senate is a true kota, and the Senate, with dignity and ate very seriously but he was always loss for the people of Illinois. I could devotion during his tenure in this humble and courteous to his col- not agree more. body. leagues. His pleasant manner, his quick In the 1998 race for his Senate seat, I am proud to have worked with him wit, and his diligence were great assets PETER proved himself to be an excep- on a wide range of issues over the which he has used over the years to tional campaigner, defeating a well- years, but perhaps most of all I thank fashion an impressive legislative known incumbent in a State that had him for his work and leadership to re- record. not elected a Republican in 20 years. form the U.S. Army Corps of Engi- His service in the Senate has been And in that year, he was the only Re- neers. This is a fight that will go for- truly outstanding. I will miss him publican challenger in the country to ward in the next Congress, where we greatly. I wish for him and his wife, defeat an incumbent Democratic Sen- will build on Senator DASCHLE’s hard Lois, much happiness and satisfaction ator. But PETER’s vision, message and work and commitment to this impor- in the years ahead. leadership resonated with Illinoisans, tant issue. FRITZ HOLLINGS and they elected him by a 6 point mar- I also want to take a moment to rec- Mr. President, the retirement of our gin. ognize Senator DASCHLE’s leadership, colleague from South Carolina, Mr. Arriving in Washington as the young- as both majority and minority leader, HOLLINGS signals the end of an era in est member of the Senate, PETER hit here in the Senate. He has led the Southern politics. He succeeded as few the ground running as a strong voice Democratic caucus, and the Senate as in our section of the country did in for Illinois. He has been a steadfast ad- a whole, through a time of great leading us through a troubled time of vocate for taxpayers, consistently change and many difficult challenges: transition. From segregation to inte- backing efforts to cut wasteful spend- through a closely divided Senate,

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.070 S19PT2 S11602 CONGRESSIONAL RECORD — SENATE November 19, 2004 through the tragedy of 9/11, and among them is the fact that he some- tirelessly to make sure that the people through the anthrax attack on the how has managed to look almost ex- of South Dakota have a strong econ- Senate, which so personally affected actly like he did when he first entered omy, access to quality, affordable both of our offices. Through all of this, the Senate at the ripe old age of 32 in health care, and the highest quality Senator DASCHLE has inspired us with 1981. education system. He has worked with his dedication and ability to work But the accomplishment of DON that unfailing determination to enchance through tough problems, to guide the I admire the most is remarkable record the quality of life in rural communities policies of our party, and to provide of success he has achieved in putting across South Dakota and the Nation. steady leadership when we needed it more money in the pockets of Amer- Throughout his service, TOM has al- most. ica’s families by reducing their taxes ways kept the interests of his State Finally, I also want to extend my and by restoring some fairness to the and his constituents as his top pri- thanks to many of Senator DASCHLE’s system. ority. staff, who were especially helpful to To paraphrase Will Rogers, DON TOM DASCHLE has been a wonderful my office over the past 12 years, and in never met a tax he liked. And from re- leader for South Dakota, for the Demo- particular, were so thoughtful and gen- ducing and then repealing the death cratic party, and for all Americans. I erous with their time in the wake of tax to equalizing the tax system for deeply respect and applaud his lifelong the anthrax attack on our offices. It is the self-employed to being the guiding commitment to public service, and his often the case that a Senator’s staff re- force behind the child tax credit, low- leadership and his friendship will be flect the personality of the Senator for ering the capital gains tax, and reduc- missed by many in the Senate. I know whom they work, and I believe that is ing tax rates for all Americans, no Sen- he moves on to the next phase of his certainly the case with Senator ator has done more in the past 20 years career as a happy and wise man who DASCHLE and his staff. to earn the enduring respect of our will continue to make important con- I thank TOM DASCHLE for his leader- hard working taxpayers than DON NICK- tributions to our country long after he ship and his service to South Dakota LES. leaves the Senate. He is a true patriot and our country, and I wish him all the DON will be greatly missed as a legis- who has always served and will always best as he moves on to begin a new lator, but he will also be greatly serve his country. I want to thank TOM chapter in his distinguished career. missed as a friend. I have long believed for his dedication and his service, and I PETER FITZGERALD that you can learn a lot about someone wish him the very best in his future en- Mr. President, today I take a mo- by playing golf with them, and I’ve deavors. ment to recognize the contributions been privileged during my 8 years in TOM DASCHLE that Senator PETER FITZGERALD has the Senate to play a little bit of golf Mr. HARKIN. Mr. President, in these made to this Senate, to the State of Il- with DON. final working days of the 108th Con- linois, and to the Nation. And it should come as no surprise gress, we are saying farewell to a num- As a fellow Midwesterner, I have al- that his actions on the golf course are ber of retiring colleagues. A most pain- ways appreciated Senator FITZ- very much like his actions in the Sen- ful farewell will be to my friend Sen- GERALD’s honest and fair-minded ap- ate. ator TOM DASCHLE. proach to the issues. From the moment He is good, very good, at both. These days, there are fewer and fewer he arrived here in the Senate, it was And yes, there are times on the golf bipartisan agreements in this body. clear that he would keep his own coun- course like here in the Senate where he But there is bipartisan agreement sel, doing what he thought was best for can be found on the right, the far right, about the senior Senator from South the people Illinois without regard to but for the most part he plays it Dakota. We respect his decency, his powerful interests on either side of the straight down the middle. fairness, his courage, his leadership, aisle. It is on the golf course where DON and, of course, his extraordinary capac- Above all else, I appreciate Senator and I became more than colleagues, we ity for hard work. FITZGERALD’s unfailing commitment to became friends. And I know I am not I cannot imagine a more difficult job reforming our campaign finance sys- alone in saying that I will miss DON’s in the Senate than being leader of the tem. He was among that steadfast friendship, and the friendship of his Democratic caucus. We’ve all heard group of Republican senators who wife Linda, on a day-to-day basis. Will Rogers’s quip that he belonged to stood firm in their support of the When tragedy befell my family last no organized party, he was a Democrat. McCain-Feingold bill, despite enor- year, DON was at my house within the Well, those independent, hardheaded mous pressure to do otherwise. His sup- hour. DON and Linda have been incred- habits flourish within our caucus. But, port of our bill took a great deal of per- ibly kind and supportive to Sharon and for the last decade, TOM DASCHLE’s sonal and political courage, and it is me. amazing skills and unlimited patience something that I truly admire, and for DON, as a taxpayer I thank you for have brought us together as a team. which I will always been grateful. your service, as a golfer I thank you And that is an accomplishment he can As he moves on from the Senate, for more good memories than I can be very proud of. Senator FITZGERALD can be assured count, and as a friend, I thank you for The President of the United States that his friends and colleagues here being there when I needed you most. has the persuasion of power. The leader will long remember the contributions I know your contributions to your of the Senate’s Democratic caucus has he made, and the dignity with which he state and your country are far from only the power of persuasion. And I served. I wish him all the best as he complete, and all your colleagues join can’t imagine anyone more persuasive moves on to a new phase of his career. with me in wishing you and Linda God- than TOM DASCHLE. He has always been DON NICKLES speed as you begin this new chapter in willing to talk with us, to accommo- Mr. SMITH. Mr. President, I am re- your life. date us whenever possible, and to do minded of the words of Will Rogers, TOM DASCHLE whatever it takes to forge a consensus that great Oklahoman whose statue is Mr. KOHL. Mr. President, I honor the and move us forward. I am grateful for a few steps removed from the old Sen- long and dedicated service that TOM his leadership, and for the diligence ate chamber, who once said, ‘‘The in- DASCHLE has given to our country. He and race that he has unfailingly come tax system is the only thing that has been a true leader throughout his brought to his job as leader. has made a liar out of more of the life in public service, and South Da- I cannot emphasize too much TOM American people than golf has.’’ kota and the entire Nation are better DASCHLE’s sense of fairness as leader. Coincidentally, the tax system and off because of his efforts. He has been unfailingly fair to others. golf are passions of another great Okla- For 29 years, South Dakota has been And he has demanded fair treatment in homan who I am proud to honor at the fortunate to have TOM DASCHLE rep- return. When Democrats were in the end of this Congress—our friend and resent their interests—first as a Senate majority, majority leader DASCHLE was colleague DON NICKLES. staffer, then as a Member of the House respectful of the rights and preroga- DON has accomplished a great deal of Representatives, and finally as a tives of the Republican minority. Con- during his 24 years in the Senate. Chief United States Senator. He has worked versely, as minority leader, he has

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.075 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11603 steadfastly defended the rights and pre- We Democrats are proud of his race for Abourezk. A few years later, he won rogatives of the Democratic minority. the nomination and his conduct as VP election to the House and later won In the heat of a partisan campaign, nominee. three terms in the Senate. some have tried to label this obstruc- He always comes across as ‘‘just Senator DASCHLE has been through tionism. But that characterization is folks’’—which is what you’d expect some tough elections and tough battles incorrect. The duty of the opposition from a person raised in very modest on the floor of this Senate. But he has party is to oppose, and to do so fairly, circumstances, the first in his family always conducted himself with grace, forthrightly, and within the rules of to go to college. This humble back- integrity and respect for his opponents. the Senate—to protect the rights of the ground is an enormous strength for He has been a leader in the Senate on minority. That is exactly what Senator JOHN EDWARDS. It’s a strength we saw health care, veterans’ benefits, eth- DASCHLE has done—with great skill and last night. It allows him to understand anol, agriculture and rural develop- persistence. people. It also allows him to commu- ment and has fought hard for the peo- I also have enormous respect for the nicate powerfully with ordinary people. ple of South Dakota. way Senator DASCHLE has advocated And people respond in kind. They just He is known all over South Dakota for his constituents back home in plain like JOHN EDWARDS. People trust for his down-to-earth manner and the South Dakota. No one has fought hard- him. personal relationships he has with his er for the revitalization of rural Amer- But if Iowans and other Americans constituents. ica than TOM DASCHLE. No one has see a ‘‘just folks’’ JOHN EDWARDS on Every year, TOM DASCHLE would go fought harder to bring health care, the campaign trail, Senators have been on a driving tour of all 66 counties in good schools, and economic oppor- privileged to see a different side of South Dakota, stopping in at diners, tunity to Indian County. No one has him, hard at work in this body. JOHN bowling allies, Elks clubs and feed fought harder to increase the income has been in the Senate for only one stores. He would talk to his constitu- level of family farmers, and to give term. But he has made his mark. ents on a one-on-one basis and really them a fair shake in the marketplace. He made his mark by challenging an feel the pulse of different communities. Another jewel in the crown of TOM incumbent Senator and single- Therefore, when he debated an issue DASCHLE’s legacy is the emerging eth- handedly taking on the Jesse Helms here on the Senate floor, he knew first- anol industry in the United States. machine in North Carolina—and beat- hand what his constituents thought. He Since TOM arrived in Congress in 1978, ing it. represented them so well, the way our he has been a relentless champion of He made his mark as a lead cospon- founding fathers would have envisioned ethanol. I know because I was there, sor of the Patients’ Bill of Rights in a model Senator. too, during those early years. People the Senate, along with Senators KEN- He was also a great leader. He said that those of us who were advo- NEDY and MCCAIN. JOHN managed the worked with all members of our caucus cating the expanded use of ethanol bill on the floor. And he was the lead and did the hard work to develop a con- didn’t have a chance against big oil. negotiator in hammering out a bipar- sensus on many difficult issues. And he But Senator DASCHLE used the 1990 tisan consensus on the bill. was always willing to listen. Clean Air Act to put in place policies He made his mark by sponsoring— TOM DASCHLE would work across the and passionately advocating for—a bill that spurred the ethanol industry. And aisle to get things done for his State to speed up approval of generic drugs. he has continued to promote tax incen- and the country. I remember how he And, in my State of Iowa, JOHN ED- tives and a renewable fuel standard to rose to the occasion after September WARDS made his mark—and won peo- advance ethanol and to move our coun- 11th and worked hand-in-hand with ple’s hearts—with his big smile, his try in the direction of energy independ- President Bush to protect our country, friendly manner, and his boundless op- ence. So, no doubt about it, Senator rebuild New York and keep the airlines timism. At the same time, he won our DASCHLE’s leadership on ethanol will be from going bankrupt. greatly missed. respect with a campaign that was al- If you were trying to get something It has been a privilege to serve in ways positive. Even under provocation, done here in the Senate, you always this body with Senator TOM DASCHLE. I even when the stakes were highest in wanted TOM DASCHLE on your side. will miss him as a colleague. Most of the final weeks of the campaign lead- all, I will miss him as a friend. The ing up to the caucuses, JOHN never FRITZ HOLLINGS good news is that there are important wavered from his positive message of The Senate is also losing a legend chapters yet to be written in the life of hope and opportunity for ‘‘ordinary’’ with the retirement of Senator FRITZ TOM DASCHLE. I wish TOM and his won- Americans. HOLLINGS. For 38 years, he has fought derful wife Linda the very best in the So here at the end of this 108th Con- for South Carolina, bringing home jobs years ahead. gress, we say farewell to Senator JOHN and economic development, and he has JOHN EDWARDS EDWARDS. But, clearly, we have not made a lasting impression on the lives Mr. President, I rise to express my seen the last of this remarkably able of Americans across this country. respect and admiration for the retiring person. I wish JOHN the very best. And, Senator HOLLINGS helped start the senior Senator from North Carolina, of course, we all pray for the full recov- Women Infants Children-WIC program, JOHN EDWARDS. ery of Elizabeth. We will miss them one of the most successful Government We will miss his uniquely skillful and both here in Washington, but our health care measures ever undertaken, persuasive voice in debates here on the friendship will continue. helping reduce infant mortality, low Senate floor. Time and again, we have Ms. STABENOW. Mr. President, I birth weights, and premature births seen his knack for taking complex ar- rise to pay tribute to some of my col- nationwide. guments and making them accessible leagues who will be leaving the Senate He is the father of the National Oce- and persuasive to ordinary people. at the end of this session. anic and Atmospheric Administra- Time and again, his skills have carried TOM DASCHLE tion—NOAA. Senator HOLLINGS pushed the day. So I fully understand the ad- I particularly want to pay tribute to through the legislation that created vice of one of our Republican col- a great Senator, someone who I am NOAA during his very first term as a leagues: ‘‘Never yield the floor to JOHN proud to call a friend, our leader, TOM Senator. EDWARDS.’’ DASCHLE. And he co-authored Gramm-Rudman- Over the last year and a half, people Senator DASCHLE is truly one of the Hollings, the landmark legislation that in my state of Iowa have gotten to giants in the history of the United broke budget gridlock in the mid-80s. know JOHN and his wonderful wife Eliz- States Senate and it has been a privi- By making automatic spending cuts, it abeth very, very well. JOHN has been in lege to serve with him for the last 4 reversed 20 years of increased Federal every one of Iowa’s 99 counties. He’s years. spending and cut tens of billions from been in our schools, in our coffee shops, TOM DASCHLE has given his entire life the budget deficit. in our living rooms. In fact, if it to public service. After serving in the Senator HOLLINGS strong leadership weren’t for that Southern accent, Air Force, he came to Washington to and sense of humor will be deeply Iowans would think JOHN was one of us. work for South Dakota Senator James missed in this chamber.

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.081 S19PT2 S11604 CONGRESSIONAL RECORD — SENATE November 19, 2004 BOB GRAHAM Mr. DOMENICI. Mr. President, I rise I have had the pleasure of working We will also miss the leadership and today to take this opportunity to closely with Senator BREAUX on many service of Senator BOB GRAHAM. honor our departing colleagues who are energy matters over the years. During Senator GRAHAM has dedicated his leaving the Senate. Almost each new this time, I have admired his ability to life to public service, serving in the Congress a different group of 100 men find common ground between those Florida State house and State senate, and women come together from dif- who hold disparate views. His uncanny and as Governor of Florida before his 18 ferent backgrounds and political phi- ability to bring industry leaders, policy years here in the U.S. Senate. losophies, representing different inter- makers, and administration leaders to- Senator GRAHAM and I share a pas- ests and constituencies, but through gether is unique, and I will always ap- sion for healthcare. And he has been a all our differences, we develop respect preciate his candor in resolving energy tireless advocate and leader on the and admiration for each other. Many policy differences. JOHN was always need for a prescription drug benefit for times we step across the aisle and work someone I could reach across the aisle America’s seniors. together on legislation and often times to work with on the Budget Resolu- As founder of the New Senate Demo- genuine friendships are created. As I tions. crats, Senator GRAHAM has worked to pay tribute to these departing Sen- It is well known that Senator bring together coalitions on issues ators, whether they have been here 1 BREAUX is passionate about improving ranging from education to the national term or 7, they are a remarkable group health care for all Americans. He debt and fiscal responsibility. and we thank them for their honorable worked tirelessly on welfare and health JOHN BREAUX service. care issues, and took an active interest The Senate will be saying goodbye to BEN CAMPBELL in the elderly as a member of the Fi- another great centrist, Senator JOHN BEN NIGHTHORSE CAMPBELL has been nance Committee and a leader of the BREAUX. Senator BREAUX has a well- more than just a neighbor Senator Special Committee on Aging, just last earned reputation on the Hill of being from out west, but a close friend and year he played an integral part in able to bring both sides together and colleague. drafting the Medicare Prescription forge bipartisan compromises. I have worked with Senator CAMP- Drug and Modernization Act of 2003. In a time of blue States and red BELL on the Senate Appropriations This historic legislation will provide States, Senator BREAUX has been a Committee, the Energy and Natural relief to the millions of people strug- leader in bringing Americans together Resources Committee and the Indian gling to pay for prescription drugs and in the mainstream middle, instead of Affairs Committee. During his 18 years he should be honored for his dedication dividing Americans with the ideolog- in the United States Congress, Senator to this bill. ical extremism. CAMPBELL has earned the respect of Senator BREAUX’s work has touched JOHN EDWARDS members on both sides of the aisle as the lives of a great many Americans, And finally, Mr. President, the Sen- being a statesman and staunch advo- and his talents and unrivaled sense of ate is also losing a champion for Amer- cate for the State of Colorado. In addi- humor will be sorely missed in the Sen- ica’s working families with the retire- tion, he is the sole American Indian ate. Just as importantly, he has been a ment of Senator JOHN EDWARDS. Sen- serving in the Senate, and he is also a great advocate for his home State of ator EDWARDS is the embodiment of the Northern Cheyenne tribal chief. His Louisiana, and his State has been American dream. work on behalf of tribes is legendary, lucky to have his service for so many Raised in a small town in North and I know he will be sorely missed by years. Carolina by hard-working parents—his the American Indian people. In the course of working together for father was textile mill worker for 36 Senator CAMPBELL has been a recog- so many years, I have developed gen- years—Senator EDWARDS learned the nized leader on public land and natural uine respect for Senator BREAUX. I real American values of getting a good resource policy. Since New Mexico and thank him for years of distinguished education, of hard work, fairness and Colorado face similar challenges, we service, and wish him the very best in playing by rules. have worked closely on these matters, all his future undertakings. I will miss He was the first member of his family and it has been a privilege to work Senator JOHN BREAUX. to go to college. And after graduating with someone so passionate about im- ZELL MILLER from law school, he fought for the val- proving land management policies. I wish to take this time to honor a ues his parents taught him and by Senator CAMPBELL is a veteran, great senator and a true American pa- working for justice on behalf of those Olympian, and public servant, and he triot, ZELL MILLER. He is a man who who couldn’t fight for themselves— has selflessly devoted himself to serv- has served Georgia with dignity and working families and their children ing his State and country for over half honor these past 4 years in the United who were seriously injured by irrespon- a century. Senator CAMPBELL is a States Senate. sible corporate actions. unique individual who I call a friend. ZELL MILLER embraced public service I was proud to work with Senator ED- His love of nature, his family and his early on in his life. His mother served WARDS on the Patients’ Bill of Rights roots is continually evident. As a fa- as one of Georgia’s first female mayors. where he brought that same passion to ther, grandfather, and Senator, I know She taught him early on about public help working families by ensuring that that Senator NIGHTHORSE CAMPBELL service and a strong work ethic, which doctors and not HMOs make our med- and his loved ones will be glad to have he has exemplified throughout his ca- ical decisions. more time for family activities. reer. I know Senator EDWARDS will con- He proudly represented Colorado and In the late 1950s, ZELL MILLER served tinue to fight for working families and its people. His leadership and presence as mayor of his hometown of Young be a national leader on these important will be greatly missed by all. I wish Harris, GA. He then went on to serve as issues. him the best of luck in all of his future a State Senator, Lieutenant Governor, I also want to wish his wife Elizabeth endeavors. and eventually served in the highest the best at this difficult time. She is a JOHN BREAUX power in the state of Georgia as Gov- strong, amazing woman and a fighter JOHN BREAUX is retiring after serving ernor. Not surprisingly, ZELL MILLER like her husband, and the entire Ed- 3 terms in the Senate. I would like to was named by the Washington Post in wards family is in my thoughts and take this time to acknowledge a friend, 1998 as the most popular governor in prayers. colleague, and dedicated public serv- America and the Governing Magazine I am proud to have served with these ant. named him Governor of the Year in great Senators and I know that they Senator BREAUX was elected to the 1998. These career paths finally led him will be remembered long after the trib- House of Representatives in 1972 at the to the United States Senate in 2000. ute speeches are given and the farewell age of 28, and at that time, he was the While ZELL MILLER was invested in parties end, because of their leadership, youngest member of Congress. After politics, he was also dedicated to edu- their compassion, and their hard work serving 14 years in the House, the peo- cation and students. Throughout his on behalf of all Americans. ple of Louisiana elected JOHN BREAUX career, ZELL MILLER was a professor of I yield the floor. to the Senate in 1986. political science and history at the

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.084 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11605 Emory University, University of Geor- will certainly miss the Senator as he years. We were able to work together gia, and Young Harris College. retires from elected office. while serving on the Senate Budget Senator MILLER has continuously I had the pleasure of serving on the Committee and the Senate Appropria- reached across the aisle to work with Energy and Natural Resources Com- tions Committee together. He consist- Republicans, but it is probably best mittee with Senator GRAHAM during ently fought for fiscal responsibility stated in his own words when he point- the past 9 years. During that time, I and a reliable Government for the peo- ed out that while he is a lifelong Demo- had the opportunity to work with Sen- ple. crat, he pledged to serve all 8.5 million ator GRAHAM on a number of important As a principal author of the 1996 Georgians and no single party in the issues. He proved to be a sound leader Telecommunications Act, Senator HOL- Senate. Through this approach, ZELL for his party and a member committed LINGS was a perfect candidate to serve MILLER has been a supporter of a broad to bipartisan solutions. as the ranking member on the Com- range of issues such as tax cuts, im- Senator GRAHAM’s brief tenure as merce, Science, and Transportation proving education, strengthening na- Chairman of the Select Intelligence Committee during the 108th Congress. tional security, and fighting the global Committee, came during one of the Through this position, Senator HOL- most trying times our Nation has war on terrorism. While in the Senate, LINGS developed legislation to he dutifully served on the Agriculture, faced, the attack on our country by strengthen national security for our Nutrition, and Forestry Committee, terrorists on September 11, 2001. Sen- nation’s port, railroad, and aviation the Banking, Housing, and Urban De- ator GRAHAM worked closely with his systems. House counterpart, and current Direc- velopment Committee, and the Vet- Senator HOLLINGS has served the tor of Central Intelligence, Porter Goss erans’ Affairs Committee. Senate in so many ways over the past to lead a joint Senate-House inquiry His time here has been all too brief, 42 years it is impossible to know where but Senator MILLER has made a dif- into the attacks on our nation. Although he was first elected to the to begin showcasing his contributions. ference and I will miss him. While he Therefore, I would just like to say that may be leaving the U.S. Senate, I do Senate in 1986, Senator GRAHAM has been serving the people of Florida since he has continued over the years to not doubt that we have not heard the work to better not only the lives of last of ZELL. I bid him farewell and ex- 1966 when he was first elected to that State’s House of Representatives. After South Carolinians, but all the people of tend my best wishes to him and his our nation. family. serving in the House for 4 years and in the State Senate for 8 years, Senator Senator HOLLINGS will certainly be TOM DASCHLE GRAHAM was elected the 38th Governor missed around here. I bid him farewell I would like to pay tribute to a re- of the State of Florida. and extend my best wishes to him and spected colleague who is leaving the In spite of these accomplishments, it his family. Senate after a long and distinguished is fair to say that Senator GRAHAM will PETER FITZGERALD career. Senator TOM DASCHLE worked perhaps be most memorable for insti- hard, for 8 years as a Member of the Senator PETER FITZGERALD is retir- tuting the ‘‘Workdays’’ he began in ing from the Senate after 6 years of House of Representatives and for 18 1974 and continued during his time in years as a United States Senator, to service to his home State of Illinois. the Senate. Senator GRAHAM began the represent the interests of voters across Prior to joining the Senate, Senator ‘‘Workdays’’ by teaching a semester of FITZGERALD was a commercial banking the State of South Dakota. civics courses at a Miami area high As the leader of his party for the past attorney and in this position played a school. 10 years, Senator DASCHLE has proven significant role in investigations of I wish Senator GRAHAM, his wife corporate accounting fraud, mutual himself to be a capable legislator and Adele, and his children and grand- moreover, an advocate for his State’s fund industry abuses, chronic under- children the very best in the coming funding of employee pensions, and and party’s interests. During the 108th years. Congress, Senator DASCHLE served on waste, fraud and mismanagement in ERNEST HOLLINGS four committees: Agriculture, Nutri- various Federal agencies. In 1993, he ERNEST ‘‘FRITZ’’ HOLLINGS devoted embarked upon his public service work tion, and Forestry, Finance, and Rules his entire adult life to public service. and Administration; and today he when he began serving as an Illinois He admirably served 7 terms as a U.S. State Senator until his election to the serves as the Senior Senator and the Senator and today he is the fourth Democratic Leader of the Senate. U.S. Senate in 1998 at the young age of most senior member of the Senate, and 38. Influenced by his formative experi- he also hold the distinction of being PETER was the first Republican in Il- ences during the Vietnam War as an in- the longest serving junior Senator in telligence officer in the Air Force, Sen- linois to win a Senate race in 20 years. history. Even though his time here was brief, he ator DASCHLE worked hard to serve the His service to our country began im- has been able to establish himself as a interests of veterans across this great mediately after he graduated from The fiscally responsible Senator. He has country. His most notable achievement Citadel in 1942 when he received a com- consistently backed efforts to control in this field was the enactment of legis- mission from the U.S. Army. Through- spending and reduce taxes. Through lation securing benefits for those sol- out his honorable military service Sen- these actions, Senator FITZGERALD has diers exposed to Agent Orange. ator HOLLINGS received the Bronze Star During his tenure, Senator DASCHLE and seven campaign ribbons. He served received many awards from taxpayer also developed a reputation for being a as an officer in the North African and watchdog groups such as the Ameri- shrewd legislator on issues related to European campaigns during World War cans for Tax Reform, who has repeat- agriculture and South Dakota’s farm- II. edly named him a ‘‘Hero of the Amer- ing community. He was always ap- After returning from the war, FRITZ ican Taxpayer.’’ prised of even the most minute issues attended the University of South Caro- While serving as chairman of the at stake and thus ensured that all of lina School of Law where he completed Commerce Subcommittee on Consumer his constituents were represented at his Juris Doctorate in less than 3 Affairs and Product Safety, PETER has the negotiating table. years. At the age of 26, FRITZ HOLLINGS also led a successful fight to improve Senator DASCHLE fought tirelessly launched his public service career when outdated consumer safety regulations. for his beliefs throughout his time in he was elected to the South Carolina These regulations brought about high- the Senate. I wish Senator DASCHLE House of Representatives. He went on er testing and safety standards for and his family the very best in the to become Speaker Pro Tempore, Lieu- child car seats and improved car safety years ahead. tenant Governor, and at the age of 36 features that benefit all Americans. BOB GRAHAM Governor of South Carolina becoming Senator FITZGERALD will be missed, I have a great affection for the de- the youngest man in the 20th century though I’m sure he is now looking for- parting Senator from Florida BOB to be elected Governor of South Caro- ward to spending more time with his GRAHAM. After 18 years of dedicated lina. wife Nina and their son Jake. I wish service to his country and to the people It has been a great honor to work him the best of luck in his future en- of Florida, all of us in this Chamber with FRITZ HOLLINGS over these many deavors.

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.156 S19PT2 S11606 CONGRESSIONAL RECORD — SENATE November 19, 2004 JOHN EDWARDS held especially close to the heart, the treacherous stretches of deadly Iraqi Finally, I would like to acknowledge weight of that burden becomes espe- highways day after day after day, or to my retiring colleague from North Caro- cially hard to bear. edge their way into labyrinthine alleys lina, Senator JOHN EDWARDS. It is easy to talk about war in the ab- of Baghdad’s most dangerous neighbor- Senator EDWARDS was the first in his stract. It is easy for the President and hoods, to understand the sheer psycho- family to attend college, working his his military advisers to point to the logical hell of the war in Iraq. way through North Carolina State Uni- steady progression of U.S. victories The Pentagon keeps a daily log of versity and later earning his law de- against the insurgents in places like U.S. military troops killed or wounded gree from the University of North Falluja and Mosel as evidence that we in Iraq. As of this morning, November Carolina. Afterward, JOHN EDWARDS es- are winning the war in Iraq. It is easy 19, the Pentagon reports that 1,214 tablished himself as a distinguished to be armchair quarterbacks in a American troops have been killed in and successful lawyer. These accom- bloody battle raging halfway across the Iraq and another 8,956 wounded, more plishments alone are quite striking and world. But as anyone knows who has than half of them so severely injured aptly demonstrate the intelligence and visited wounded troops at Walter Reed that they could not be directly re- determination of Senator EDWARDS. Army Hospital, who has gazed into the turned to duty. Barely more than half- During his time in the Senate, Sen- eyes of young widows or grieving par- way through the month, November 2004 ator EDWARDS served on four commit- ents, or who has read the poignant sto- has already turned into the second tees: Health, Education, Labor & Pen- ries of the fallen, there is no such thing deadliest month for American military sions, the Judiciary, the Small Busi- as war fought in the abstract or battles forces since the United States invaded ness & Entrepreneurship, and the Se- waged in statistics. Iraq in March of 2003. Where and when lect Intelligence. He continually cham- War, to those who must fight it and will the carnage end? pioned for issues affecting the daily to their loved ones who must endure it, The casualty statistics are heart- lives of regular people in North Caro- is painfully real and painfully present breaking enough, especially on the lina and the nation. at the table, on Thanksgiving and on cusp of what is supposed to be one of I am sure Senator EDWARDS will find every other day of the week for the du- the most joyful seasons of the year. success in any endeavor he now chooses ration of the conflict—and sometimes But they do not represent the whole to undertake and I join with my col- for long after the fighting has ceased. story. The Defense Department does leagues in wishing him the best. These are the men and women on the not tally the walking wounded, those f front lines of the battle, and it is they soldiers and Marines who return home whom we must salute and thank for from duty physically fit but emotion- MORNING BUSINESS their sacrifice. ally scarred, sometimes for life. These Mr. SESSIONS. Mr. President, I ask I was struck by an article in the No- men and women are also casualties of unanimous consent there now be a pe- vember 14 edition of the Los Angeles the war in Iraq, and they and their riod of morning business, with Sen- Times on the psychological toll that families may suffer just as deeply as ators speaking up to 10 minutes each. the war in Iraq is taking on U.S. sol- those whose wounds are plain to see. The PRESIDING OFFICER. Without diers and Marines. According to the Modern medicine has come a long way objection, it is so ordered. newspaper, the Walter Reed Army In- in mending the broken bodies of sol- f stitute of Research has found that 15.6 diers wounded in combat, but I fear the percent of marines and 17.1 percent of A PRAYER FOR THANKSGIVING military still has a long way to go in soldiers surveyed after returning from identifying and mending the broken Mr. BYRD. Mr. President, in a mat- Iraq reported suffering from major de- psyches of otherwise healthy veterans. ter of days, families across this Nation pression, generalized anxiety, or post- And so on this Thanksgiving, I hope will gather around the table to cele- traumatic stress disorder. that all Americans will take a moment brate Thanksgiving, that quintessen- Even more disturbing, the article to pray for the safety of our troops in tial American holiday on which we predicted that the reported statistics Iraq and Afghanistan, for the eternal pause to give thanks for our many were only the tip of the iceberg. Ac- salvation of those who have died in blessings as a Nation and to celebrate cording to the Times article: service to their country, and for the that most precious gift of all, the love Army and Veterans Administration mental speedy recovery of all who have been and fellowship of our families and health experts say there is reason to believe wounded, including those who are suf- friends. the war’s ultimate psychological fallout will fering from the invisible ravages of There will be many empty chairs at worsen. The Army survey of 6,200 soldiers emotional wounds. I also hope that and Marines involved only troops willing to the table this year as America observes Americans will take a moment to pray the second Thanksgiving holiday since report their problems. The study did not look at reservists, who tend to suffer a high- for the families and loved ones of all the invasion of Iraq. As many as 140,000 er rate of psychological injury than career those who have been called to duty in U.S. military personnel are currently Marines and soldiers. And the soldiers in the the battle zones of Iraq and Afghani- serving in Iraq and another 20,000 in Af- study served in the early months of the war, stan. We cannot fill the empty chair at ghanistan. when tours were shorter and before the Iraqi the table, but we can offer an abun- What that means in human terms is insurgence took shape. dance of love and support for our that tens of thousands of American The Los Angeles Times went on to neighbors and friends whose lives have families will be sitting down to a som- quote Dr. Matthew J. Friedman, a pro- been upended by the war, and we can ber Thanksgiving dinner, their prayers fessor of psychiatry and pharmacology pray most fervently that our troops of thanksgiving tempered by their at Dartmouth Medical School and the will be returned home quickly, and fears for the safety of their loved ones. executive director of the VA’s National that their families will not have to en- Others, the families and loved ones of Center for Post Traumatic Stress Dis- dure another Thanksgiving without the more than 1,200 American troops order: ‘‘The bad news is that the study them. who have been killed in Iraq, will sit underestimated the prevalence of what Praise Almighty God for His kind- down to a dinner seasoned with sorrow, we are going to see down the road,’’ he ness, His love, His mercy. Thank Him. the empty chair at the table a wrench- said. I yield the floor. ing reminder of the terrible cost of What a chilling forecast. One has f war. only to look at the video footage of the Whatever one believes about the jus- house-to-house, mosque-to-mosque CONGRATULATING THE CENTER tification of the war in Iraq, it is an in- combat in Falluja to understand the FOR EXCELLENCE IN EDUCATION disputable fact that the troops on the tremendous psychological stresses on Mr. FRIST. Mr. President, Senator ground, and their families and friends the young servicemen who form the LIEBERMAN and I extend congratula- here at home, are bearing the heaviest vanguard of our assault against the in- tions to the Center for Excellence in burden of the President’s decision to go surgents in Iraq. One has only to read Education, and its president, Joann to war. And on holidays like Thanks- of the wary convoys of soldiers and Ma- DiGennaro, for the achievements of its giving, when family and friends are rines who are tasked to traverse the educational programs to nurture young

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.157 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11607 scholars of careers of excellence and traced back to 1915, when the Annual HONORING OUR ARMED SERVICES leadership in science and technology. Congress of the American Indian Asso- SPECIALIST ALAN J. BURGESS The Center’s Research Science Insti- ciation directed its president to call Mr. GREGG. Mr. President, the tute, held on the campuses of the Mas- upon the Nation to observe a day hon- United States of America was founded sachusetts Institute of Technology and oring Native Americans. In 1916, New on a passion for freedom, personal lib- the California Institute of Technology, York became the first State to declare erties, and equality for all its citizens. are nationally recognized for pro- an official American Indian Day. In a fierce battle for freedom and inde- moting this nation’s competitive fu- Over the years, our Nation has moved pendence, the citizens of this new ture in math, science, engineering and toward a greater appreciation of the world cast off the shackles of tyranny technology and for encouraging inter- role of native peoples in American cul- and built for themselves a land of hope national understanding among future tural, social, political, and economic and promise. So fervently held were leaders. To date, over 1,500 U.S. stu- life. This is reflected not only in the the beliefs and ideals of this country, dents, including students from the U.S. celebrations around the country associ- that a son of New Hampshire, GEN Department of Defense Overseas ated with National American Indian John Stark, reminded us of the price of Schools and student representatives Heritage Month, but also by the open- our liberties with his admonishment to from 46 nations have benefited from ing of the Museum of the American In- ‘‘Live free or die.’’ The heroes and the Center’s programs. They remain dian as part of the Smithsonian Insti- Founding Fathers of that long ago the only U.S. programs sponsored at no tution earlier this year. time have been joined by another noble cost to students, who are competitively As we celebrate the rich heritage and son of New Hampshire, SP Alan J. Bur- chosen to attend. The Center boasts of continuing contributions of native peo- gess of Landaff. It is in his memory more winners and honorees of the Intel ples this month, it is also important to that I rise today to honor Alan for his Talent Search competition than any acknowledge the challenges that many service and supreme sacrifice in the other U.S. organization. native communities face today. As a continuing defense of this country and The USA Biology Olympiad has been member of the Indian Affairs Com- for his relentless defense of freedom. sponsored in this Nation by the Center mittee, I am all too familiar with these Specialist Burgess demonstrated a for 2 years. Over 5,000 students com- challenges, and I believe we must em- willingness and dedication to serve and peted in the Center’s USABO this past power native communities so every defend his country by joining the Na- summer, from which four outstanding member can reach his or her full poten- tional Guard after this country was at- high school students represented the tial. That means respecting the sov- tacked in September 2001, and we had U.S. in the International Biology ereignty of tribes, strengthening edu- begun the task of destroying the en- Olympiad in Australia. For the first cation, improving health care, and en- emies of our country. Just as many of time in the 15-year history of the IBO, hancing economic opportunities for na- America’s heroes have taken up arms a four-member team was awarded four tive peoples. in the face of dire threats, Alan too gold medals. I look forward to working on these dedicated himself to the defense of our We are proud that the Center for Ex- issues in the 109th Congress, and I hope ideals, values, freedoms, and way of cellence in Education has encouraged my colleagues will join me in cele- life. His valor and service cost him his talented U.S. high school students to brating National American Indian Her- life but earned him a place on the roll- succeed in one of the premier world sci- itage Month. call of honor within the pantheon of entific competitions, and would like to f heroes this country has produced. take this opportunity to congratulate JUAN GABRIEL Following basic training, Alan joined each one of the Gold Medalists: Mr. REID. Mr. President, I rise today his comrades in 2nd Battalion, 197th Kay Aull, Thomas Jefferson High School Field Artillery Brigade, Army National for Science and Technology, Alexandria, VA to recognize Juan Gabriel as one of ZeNan Chang, Santa Monica High School, Mexico’s leading vocalists and song- Guard as a Military Policeman and Santa Monica, CA writers. He is well known internation- began training for his deployment to Clinton Hansen, Oneida High School, Onei- ally for his musical talent and as a Iraq in support of Operation Iraqi Free- da, NY leader of philanthropic causes. dom. From this unit’s home base in Brad Hargreaves, Caddo Parish Magnet Born Alberto Aguilera Valadez, Juan Woodsville, NH, he would deploy in High School, Shreveport, LA Gabriel is a six-time Grammy nominee, March 2004 to Iraq in pursuit of those We also congratulate the two coaches twice inducted into the Billboard Latin who would threaten our way of life. of the USABO: Music Hall of Fame. He has entertained During his all too brief career, Alan Dr. Alan Christensen of George Mason Uni- sold-out audiences throughout the accumulated a significant list of acco- versity, and world, and last Sunday—November 14, lades and experiences which testify to Dr. William Stuart of the University of 2004—he played to an energetic and en- the dedication and devotion he held for Maryland. thusiastic crowd at Mandalay Bay the Army, his fellow soldiers, and his We appreciate this opportunity to Events Center in Las Vegas. country. Alan’s expertise contributed recognize the Center for Excellence in Juan has sold more than 30 million greatly to his unit’s successes and ce- Education for its 22 years as an out- copies of his own albums. He is also a mented his place as a participant in standing nonprofit educational organi- successful producer who has worked the great endeavor known as America. zation. The late Admiral H.G. Rick- with artists such as Rocio Durcal, Alan was recognized for his service by over, father of the nuclear powered Lucha Villa, Lola Beltran, and Paul the Bronze Star Medal, the Purple submarine, can be proud of the organi- Anka. Heart Medal, the Good Conduct Medal, zation which he established in 1983. Mr. Gabriel has reflected that ‘‘My the National Defense Service Medal, f hope for a better world and my love for the Global War on Terrorism Expedi- music are my inspiration.’’ And he has tionary Medal, the Global War on Ter- NATIONAL AMERICAN INDIAN lived by those words, using his fame rorism Service Medal, the Army Serv- HERITAGE MONTH and success to establish SEMJASE, an ice Ribbon, and the Army Reserve Mr. REID. Mr. President, I rise today organization that provides living as- Overseas Service Ribbon. to recognize National American Indian sistance and schooling for orphaned I offer Alan’s family my deepest sym- Heritage Month, an important celebra- and underserved children in Ciudad pathies and most heartfelt thanks for tion that acknowledges the tremendous Juarez, Mexico. the service, sacrifice, and example of contributions of native peoples to our I hope my colleagues will join me in their soldier, SP Alan Burgess. Alan Nation. thanking Juan Gabriel for sharing his exemplified the words of Daniel Web- In 1990, President George H. W. Bush tremendous musical talents with the ster who said, ‘‘God grants liberty only approved a joint resolution designating citizens of Las Vegas this past week, to those who love it, and are always November 1990 ‘‘National American In- and for his passion and commitment to ready to guard and defend it.’’ Because dian Heritage Month.’’ The origins of help the less fortunate through chari- of his efforts, the liberty of this coun- this celebration, however, can be table programs such as SEMJASE. try is made more secure.

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.080 S19PT2 S11608 CONGRESSIONAL RECORD — SENATE November 19, 2004 CORPORAL KEVIN DEMPSEY World War. His uncle was a bomber days as an Army medic. However, Mr. DODD. Mr. President, I rise to pilot during World War II and the Ko- James chose the path of his grand- speak in memory of Cpl Kevin J. rean War. And his godfather was a pilot father, who had also been a marine. Ac- Dempsey, of Monroe, CT, who was who served in Vietnam. cording to friends and loved ones, killed in Iraq this past Saturday, No- With those influences, it comes as no James was born to serve and had vember 13, 2004 at the age of 23. surprise that William Brennan, known touched many lives with his service Corporal Dempsey served with the to his friends and family as Will, and his generous spirit. He had dreams 2nd Reconnaissance Battalion, 2nd Ma- dreamed from a young age of flying a of continuing to help his country by rine Expeditionary Force, based out of plane. It wasn’t an easy career path for becoming a criminal profiler for the Camp Lejeune, NC. He died in an explo- William; in fact, the first time he ap- CIA or FBI. sion in the Al-Anbar province in West- plied to Army flight school, his appli- James was the 39th Hoosier soldier to ern Iraq. He had been in Iraq for only 3 cation was tossed in the garbage after be killed while serving his country in months, and was sent there shortly an Army official accidentally spilled Operation Iraqi Freedom. He was as- after finishing a tour of duty in Haiti. coffee on it. But through persistence signed to the Headquarters Battalion, Although Corporal Dempsey’s given and perseverance, William Brennan re- 1st Marines, Regimental Combat name was Kevin, he was known to his alized his dream. Team-1, 1st Marine Division, Camp family and friends as Jack Dempsey, William Brennan’s military resume Pendleton, CA. This brave young sol- after the famous boxing champion. is one of which any soldier would be dier leaves behind his parents, Dan and Kevin Dempsey truly was a fighter. At proud. His career in the Army spanned Mona Swain; his grandfather, Edward New Canaan High School, he wrestled 15 years. In addition to his service in Swain; his brother, Benjamin Swain; and played for the football team, and Iraq, he served as part of the peace- and his sisters, Mary Ann and Melissa was known for playing through inju- keeping mission led by the United Swain. ries. Kevin was also a young man who States in Bosnia. And shortly after the Today, I join James’ family, his would stand up for his fellow students, attacks of September 11th, he flew sur- friends, and the entire Hoosier commu- and help them out when they were in veillance flights over New York City. nity in mourning his death. While we need. Chief Warrant Officer Brennan was struggle to bear our sorrow over this According to Corporal Dempsey’s proud of his service, and was proud of loss, we can also take pride in the ex- friends, he and the Marines were a per- his family as well. He and his wife ample he set, bravely fighting to make fect match. An individual known for Kathy, who met while they were both the world a safer place. It is his cour- his toughness and steadfast dedication stationed at Fort Drum, New York, age and strength of character that peo- found a branch of the Armed Forces were the parents of two girls, Kaitlin ple will remember when they think of with a reputation for those same and Cassidy. In fact, William’s greatest James, a memory that will burn traits. Corporal Dempsey brought to concerns leaving for Iraq were not brightly during these continuing days the battlefields of Iraq the same deter- about the danger he would face, but of conflict and grief. mination that he took to the wrestling about the wife and daughters he was James was known for his dedication mat. He loved his country, and he loved leaving behind. to serving others and his love of family the U.S. Marines. Next week we will be celebrating the and country. When looking back on Kevin Dempsey had considered en- holiday of Thanksgiving, and in an- James’ life, Charlie Hall, a former listing in the Marines since he grad- other month, we will encounter the coach at Kokomo High School, told the uated from high school. But his deci- traditional winter holidays. Most of us Kokomo Tribune, ‘‘Anything he tried, sion became final after the attacks of will be gathering together with our he did to the fullest. He did well. I September 11, 2001. Like so many oth- families and giving thanks for all that think it says a lot about the quality of ers across this Nation, he resolved on we have. On these occasions, let us also our service people if there are people that day to do what he could to defend remember families like William Bren- like James serving.’’ His high school our Nation. He called his recruiter at nan’s, who have lost loved ones over principal Harold Canady remembered noon on that day and said he was ready this past year in places like Iraq and him by saying, ‘‘James was an out- to sign up. Afghanistan. Let us remember them, standing young man . . . The best way With each passing day we hear news and do what we can to offer them a I can describe him is that he is the all- out of Iraq about brave American men helping hand, or a shoulder to cry on, American boy. He chose to serve his and women who have lost their lives during what is surely a difficult time of country and was willing to make that fighting there. As the toll rises, it is year. sacrifice.’’ Today and always, James critical for us to remember that our I offer my deepest sympathies to will be remembered by family mem- soldiers overseas are each individual Kathy Brennan, to Kaitlin and Cassidy, bers, friends and fellow Hoosiers as a young men and women, each with their to William’s brothers and sisters, and true American hero and we honor the own families, their own reasons for their entire family. sacrifice he made while dutifully serv- serving, and their own stories. I have LANCE CORPORAL JAMES SWAIN ing his country. told one story today, but there are, Mr. BAYH. Mr. President, I rise As I search for words to do justice in many others. Let us do our best to today with a heavy heart and deep honoring James’ sacrifice, I am re- keep those stories in mind, and let us sense of gratitude to honor the life of a minded of President Lincoln’s remarks keep heroes like Kevin Dempsey and brave young man from Kokomo, IN. as he addressed the families of the fall- his family in our thoughts and prayers, LCpl James Swain, 20 years old, died en soldiers in Gettysburg: ‘‘We cannot particularly as we approach the holi- on November 15th. When his unit was dedicate, we cannot consecrate, we day season. faced with determining who among cannot hallow this ground. The brave I offer my deepest sympathies to Cor- them would go to Iraq, James volun- men, living and dead, who struggled poral Dempsey’s mother, Barbara, to teered—a selfless choice that would here, have consecrated it, far above our his sister Jennifer, and to all who knew cost him his life. James was shot while poor power to add or detract. The and loved him. conducting combat operations in the world will little note nor long remem- CHIEF WARRANT OFFICER WILLIAM BRENNAN Al Anbar province of Iraq. With his en- ber what we say here, but it can never Mr. President, I rise to pay tribute to tire life before him, James risked ev- forget what they did here.’’ This state- CWO Brennan, a native of Bethlehem, erything to fight for the values Ameri- ment is just as true today as it was CT, who was killed in Iraq last month. cans hold close to our hearts, in a land nearly 150 years ago, as I am certain CWO Brennan died at the age of 36 halfway around the world. that the impact of James’ actions will when his Bell helicopter went down After graduating from Kokomo High live on far longer than any record of over Baghdad on October 16, 2004. School in 2002, James followed a long- these words. William Brennan came from a family standing family tradition by joining It is my sad duty to enter the name and community steeped in military the Armed Forces. His father Dan told of James Swain in the official record of tradition. His father Nicholas was a the Kokomo Tribune that James had the Senate for his service to this coun- Navy commander during the Second always enjoyed hearing stories of his try and for his profound commitment

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.089 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11609 to freedom, democracy, and peace. tion on drug control was the Marijuana JUSTICE FOR ALL ACT When I think about this just cause in Tax Act of 1937. These and other laws Mr. LEAHY. Mr. President, last which we are engaged, and the unfortu- covering various types of drugs were month, the House and Senate over- nate pain that comes with the loss of replaced in 1970 when the Controlled whelmingly approved H.R. 5107, the our heroes, I hope that families like Substances Act was signed into law. Justice for All Act of 2004. This impor- James’ can find comfort in the words of This Act further defined the process tant criminal justice package includes the prophet Isaiah who said, ‘‘He will that a substance had to go through to the Innocence Protection Act, a mod- swallow up death in victory; and the become an acceptable medicine. In ad- est and practical set of reforms aimed Lord God will wipe away tears from off dition, a five-tier scheduling system at reducing the risk of error in capital all faces.’’ for all pharmacological substances was cases. I first introduced the IPA in May God grant strength and peace to established, allowing for the catego- February 2000, and as time passed, the those who mourn, and may God be with rizing of all medicines and other phar- bipartisan coalition in support of this all of you, as I know He is with James. macological substances based on their pioneering bill grew. Capping these f abuse potential and accepted use as a years of effort, the President has now medicine. TRUTH IN TRIALS ACT signed the bill into law. Unfortunately, this does not mean As enacted, the Innocence Protection Mr. GRASSLEY. Mr. President, the that we will no longer have unscrupu- Act contains several key reforms. Federal Government has a long-stand- lous business enterprises that promise First, it ensures access to post-convic- ing obligation to monitor the purity, salvation through snake-oil products. tion DNA testing for those serving safety, and effectiveness of the medi- Over the past 60 years, the FDA has de- time in prison or on death row for cines that are available to the public. veloped a careful, proven method for crimes they did not commit. Second, it For this reason, I would like to express testing and approving drugs. This proc- establishes a grant program to help de- my opposition to S. 2989, the Truth in ess is the standard by which the rest of fray the costs of post-conviction DNA Trials Act. This legislation reverses al- the world measures the safety and ef- testing. This program is named in most 100 years of progress that we have fectiveness of their drug approval sys- honor of Kirk Bloodsworth, the first made by undermining any scientific tem. death row inmate exonerated as a re- evidence about medicine and replacing Americans today have the world’s sult of DNA testing. Third, the IPA es- it with popular referendums passed by safest, most effective system of med- tablishes rules for preserving biological slick ad campaigns. ical practice, built on a process of sci- evidence secured in the investigation There was a time in this country entific research, testing, and oversight or prosecution of a Federal offense. when individuals and businesses could that is unequaled. Every drug pre- Fourth, it authorizes grants to States market anything as a medicine and scribed as medicine in this country to improve the quality of legal rep- make any claim for its effectiveness. must be tested according to scientif- resentation in capital cases. Finally, it Because of this, a flood of narcotics ically rigorous protocols to ensure that substantially increases the maximum and stimulants were freely marketed it is safe and effective before it can be compensation that may be awarded in as nostrums sold over the counter and sold. Federal cases of wrongful conviction. through the mail. Often these ‘‘miracle Three weeks before the Senate ap- To this date, over 15,000 scientific, cures’’ were miscellaneous concoctions proved H.R. 5107, the Senate Judiciary peer-reviewed studies into the medic- made from unknown ingredients. In ad- Committee wrapped up weeks of work inal value of marijuana have been pub- dition, these nostrums were often ac- on the Senate version of the bill, S. lished, and not one demonstrates that companied by endless testimonials 1700, the Advancing Justice Through smoking marijuana has any medicinal from satisfied customers on how well DNA Technology Act of 2003. The Com- value for any condition. In fact, there these products performed. mittee voted to approve S. 1700 by a bi- is medical evidence to suggest that Thankfully, our grandparents and partisan vote of 11 to 7, but given time marijuana may actually aggravate great-grandparents, who had to deal constraints and continuing negotia- some of the conditions it is supposed with these practices, woke up to the tions, the Committee did not issue a treat. fraud that was being perpetrated on report. Nor was there a conference re- the public by these ‘‘snake-oil sales- On top of all that, there are legal, ef- port on the final legislation, as the men.’’ These dangerous drugs were cre- fective medicines that are already cur- Senate’s acceptance of H.R. 5107 in sub- ating a major addiction problem, and rently available and meet all of the stantially the form that it passed the the unknown ingredients in these cures guidelines that have been established House made a House-Senate conference were actually doing a great deal of by the FDA. This includes Marinol, unnecessary. harm. In response to demands from the which is a legally available, FDA-ap- The upshot of all of this is that there public, truth in labeling was born. proved form of a marijuana extract is a substantial gap in the legislative Consumers in the early 1900s took that is currently being used as a treat- history of this landmark legislation. steps to ban dangerous drugs to deter- ment for nausea and AIDS wasting syn- As the principal author of the Inno- mine what drugs had medical uses that drome. In addition, there are many cence Protection Act, I offer the fol- could be demonstrated to be safe and other medicines that have been devel- lowing remarks to fill that gap and effective. Based on this experience, the oped and received FDA approval that guide those who will be implementing Pure Food, Drug, and Cosmetic Act, do not have the hallucinogenic side ef- and enforcing these important provi- FDCA, of 1906 was passed, which re- fects that come with smoking mari- sions in the future. quired food and medicines be pure, and juana. These are medicines that meet I introduced S. 1700 on October 1, the contents of medicines be labeled. In scientific standards and do not rely on 2003, together with the Chairman of the 1938, the FDCA was amended to add the anecdotes and testimony for valida- Judiciary Committee, Senator ORRIN requirement that all medicines be safe, tion. HATCH, and 16 additional co-sponsors. and the Food and Drug Administration Certainly, we all want to provide re- On the same day, the Chairman of the was created to regulate this. In 1962, lief for people who are sick and dying, House Judiciary Committee, Rep- the FDCA was further amended by the but smoking marijuana has not been resentative JAMES SENSENBRENNER, and Harris-Kefauver amendment, which scientifically proven to have any me- 99 cosponsors introduced an identical added an additional requirement that dicinal value. By allowing patients and measure, H.R. 3214. any medicine must also be effective, caregivers to use and provide mari- The bill moved swiftly through the and further required the FDA to estab- juana through the political process, we House. On October 16, 2003, the House lish efficacy standards. clearly bypass the safeguards estab- Judiciary Committee reported an Furthermore, a variety of laws were lished by the FDA to protect the public amended version of the bill by a vote of passed to deal with the distribution of from dangerous or ineffective drugs. 28 to 1. The few changes to the bill dangerous drugs. The first of these was I urge my colleagues to join me in were largely technical, clarifying, or the Harrison Narcotics Control Act of opposing this bill and other efforts to stylistic in nature, and are described in 1914. The next major piece of legisla- legalize marijuana. the report accompanying the bill to the

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.088 S19PT2 S11610 CONGRESSIONAL RECORD — SENATE November 19, 2004 full House. None of these changes af- long as a defendant remained incarcer- Titles II and III of the bill establish fected title III of the bill, which con- ated for that offense, subject to a num- the Debbie Smith DNA Backlog Grant tained the Innocence Protection Act. ber of practical and straightforward ex- Program, which authorizes $755 million On November 5, 2003, the House passed ceptions. All six amendments would over five years to address the DNA a further amended version of the bill have relaxed this requirement to some backlog crisis in the nation’s crime by a vote of 357 to 67. This version did degree, allowing for the premature de- labs, and also creates other new grant include a significant change to the struction of biological evidence that programs to reduce forensic science counsel provisions in title III, which I could clear the innocent and identify backlogs, train criminal justice and will address shortly. the guilty. The committee rejected all medical personnel in the use of DNA In the Senate, the bill progressed six amendments, most by a vote of 7 to evidence, and promote the use of DNA more slowly. The Senate Judiciary 11. technology to identify missing persons. Committee met in executive session on Having voted down all amendments Title IV of the bill, the Innocence three occasions to consider S. 1700. At to the substitute amendment, the com- Protection Act, increases access to the first of these meetings, on July 22, mittee approved the bill by a final vote post-conviction DNA testing that may 2004, the committee adopted an amend- of 11 to 7. Those voting in the affirma- prove innocence; establishes the Kirk ment in the nature of a substitute tive were myself, Chairman HATCH, and Bloodsworth program to help defray which replaced the text of S. 1700 with Senators SPECTER, DEWINE, KENNEDY, the cost of post-conviction DNA test- a modified version of H.R. 3214, as BIDEN, KOHL, FEINSTEIN, FEINGOLD, ing; sets rules for preserving biological passed by the House. SCHUMER, and DURBIN. Those voting in evidence secured in Federal criminal The committee continued its mark- the negative were Senators GRASSLEY, cases; authorizes grants to improve the up of S. 1700 on September 9, 2004. The KYL, SESSIONS, GRAHAM, CRAIG, quality of legal representation in State only amendment offered during this CHAMBLISS, and CORNYN. capital cases; and increases compensa- session sought to expand on a title I The committee vote on September 21, tion in Federal cases of wrongful con- provision regarding the national DNA 2004, was the last action taken on S. viction. database, and did not affect any provi- 1700. As I discussed in a floor statement The Innocence Protection Act re- sion of the Innocence Protection Act. on October 7, 2004, no sooner had the flects years of work and intense nego- The committee rejected this amend- bill been reported favorably to the full tiation. I will now discuss its key pro- ment after lengthy debate and then ad- Senate than it was blocked by the visions in greater detail. journed. same Senators who had held it up in Subtitle A of title IV enacts a new The committee completed its consid- Committee, buttressed by opposition chapter in the Federal Criminal Code eration of S. 1700 on September 21, 2004. from President Bush and Attorney dealing with DNA testing. In little over During this session, the committee re- General John Ashcroft. As a result, the a decade, some 153 people across the jected a total 21 amendments, 17 of full Senate was never afforded an op- country have been exonerated by this which pertained to the Innocence Pro- portunity to consider S. 1700 as a free- remarkable technology. That number tection Act. standing bill. includes more than a dozen individuals Senator CORNYN offered two of the With time running out before the who had been sentenced to death, some IPA-related amendments. The first pro- congressional adjournment, the House of whom came within days of being ex- posed to replace the text of S. 1700 with acted again. On September 22, 2004, the ecuted. that of S. 1828—a pared down version of House Judiciary Committee approved Post-conviction DNA testing does S. 1700 that stripped out the Innocence the text of S. 1700 as part of H.R. 5107, not merely exonerate the innocent it Protection Act in its entirety. The sec- a larger criminal justice package can also solve crimes and lead to the ond Cornyn amendment proposed to known as the Justice For All Act of incarceration of very dangerous crimi- strike an entire subtitle of S. 1700 deal- 2004. There followed several weeks of nals. In case after case, DNA testing ing with competent counsel and sub- intense negotiations involving House that exculpates a wrongfully convicted stituting a different program that and Senate sponsors of the legislation, individual also inculpates the real failed to require any accountability on the handful of hold-out Senators, and criminal. Just this year, for example, the part of States accepting Federal the Department of Justice. While no the exoneration of Arthur Lee money. The committee rejected both of agreement was reached, and the De- Whitfield in Virginia led to the identi- these amendments by votes of 7 to 11. partment continued to oppose the bill, fication of another inmate, already Senator KYL offered nine amend- the House made a number of changes to serving a life sentence, as the true per- ments to the IPA provisions regarding the legislation to address concerns that petrator of two rapes for which post-conviction DNA testing. Six of the had been raised. On October 6, 2004, the Whitfield had served 22 years in prison. amendments sought to restrict access House passed a modified version of H.R. Last year, DNA evidence in the case of to post-conviction DNA testing in the 5107 by a vote of 393 to 14 and sent it to Kirk Bloodsworth was matched to an- Federal system, as by requiring that the Senate. The Senate passed the bill other man, a convicted sex offender any motions for such testing be filed three days later by voice vote, the who has now pleaded guilty to the hor- within 5 years of the bill’s enactment. House made a number of enrollment rendous rape-murder that sent Mr. One amendment proposed to raise the corrections the same day, and on Octo- Bloodsworth to Maryland’s death row. standard for obtaining a new Federal ber 30, 2004, President Bush signed the There are still numerous prisoners trial based on exculpatory DNA evi- bill into law. throughout the country whose trials dence—instead of proving that a new The Justice For All Act of 2004 en- preceded modern DNA testing, or who trial would probably result in an ac- hances protections for victims of Fed- did not receive pretrial testing for quittal, a defendant would be put to eral crimes, increases Federal re- other reasons. If history is any guide, the virtually impossible burden of sources available to State and local some of these individuals are innocent proving that he did not commit the of- governments to combat crimes with of any crime. fense. Two of the amendments would DNA technology, and provides safe- The new chapter 228A of title 18 is de- have reduced the incentive for States guards to prevent wrongful convictions signed to ensure that Federal prisoners to adopt post-conviction DNA testing and executions. with real claims of innocence can get procedures comparable to the Federal Title I of the bill is the Scott Camp- DNA testing of evidence that could procedures. The committee rejected all bell, Stephanie Roper, Wendy Preston, support such claims. It does this by es- nine amendments by a vote of 7 to 10 or Louarna Gillis, and Nila Lynn Crime tablishing rules for when a court shall 7 to 11. Victims’ Rights Act. The provisions of order post-conviction DNA testing—to The other six IPA amendments, also this title establish enhanced and en- be codified at 18 U.S.C. § 3600—and offered by Senator KYL, pertained to forceable rights for crime victims in rules for when the government may the IPA’s requirement that Federal au- the Federal criminal justice system, dispose of biological evidence—to be thorities preserve any biological evi- and authorize grants to help States im- codified at 18 U.S.C. § 3600A. dence secured in the investigation or plement and enforce their own victims’ Under section 3600, a court shall prosecution of a Federal offense for as rights laws. order DNA testing if it may produce

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.160 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11611 new material evidence that would raise will ideally be made on the record and pose of demonstrating innocence, and a reasonable probability that the appli- inquired into by the court before it is not to delay the execution of the sen- cant did not commit the offense. This accepted. tence of the administration of justice. standard was the subject of intense ne- Fourth, the evidence to be tested The intention was to provide courts gotiations, as members recognized that must be in the possession of the Gov- with more specific guidance on how to setting the standard too low could in- ernment, subject to a chain of custody, weed out frivolous motions. vite frivolous applications, while set- and retained under conditions suffi- Significantly, this provision is far ting it too high could defeat the pur- cient to ensure that it was not sub- from the rigid three-year time limit pose of the legislation and result in stituted, contaminated, tampered with, urged by the Justice Department. In grave injustice. I argued that in bal- replaced, or altered in any material re- rejecting a time limit, Congress recog- ancing these concerns, Congress should spect. Fifth, the proposed DNA testing nized that the need for a DNA testing be guided by the principle that the must be reasonable in scope, use sci- law is not temporary. That need will criminal justice system should err on entifically sound methods, and be con- likely diminish over time as pre-trial the side of permitting testing, in light sistent with accepted forensic prac- DNA testing becomes more prevalent, of the low cost of DNA testing and the tices. Sixth, the applicant must iden- but there will always be cases that fall high cost of keeping the wrong person tify a theory of defense that is not in- through the cracks due to a defense locked up. I am pleased that this view consistent with an affirmative defense lawyer’s incompetence, a defendant’s ultimately prevailed. presented at trial, and that would es- mental illness or mental retardation, During the final round of negotia- tablish the applicant’s innocence. Sev- or other reasons that we in Congress tions on H.R. 5107—after the House Ju- enth, the applicant must certify that cannot and should not attempt to an- diciary Committee reported the bill, he will provide a DNA sample for pur- ticipate. Many of the individuals who and before final passage by the full poses of comparison. have been exonerated by post-convic- House—the standard for ordering a Eighth, if the applicant was con- tion DNA testing did not win freedom DNA test was modified in two respects. victed following a trial, the identity of until many years after they were con- First, as introduced in both the House the perpetrator must have been at victed and could still be in prison, or and the Senate, section 3600(a)(8) ap- issue in the trial. If the applicant was executed, if an arbitrary limitations peared to impose on applicants the vir- convicted following a guilty plea, this period had been applied to their re- tually impossible burden of showing requirement does not apply. Congress quests for DNA testing. In addition to the requirements I that a DNA test ‘‘would’’ produce new rightly rejected the Justice Depart- have just described, section 3600 pro- material evidence of innocence. Under ment’s position that inmates who vides additional disincentives to filing section 3600(a)(8) as enacted, applicants pleaded guilty should be ineligible for false claims or trying to ‘‘game the need only show that a test ‘‘may’’ DNA testing in light of the many docu- system’’. Test results must be disclosed produce such evidence. mented cases in which defendants simultaneously to the applicant and Second, the same provision was pleaded guilty to crimes they did not the government. DNA submitted by the stripped of unnecessary language to commit. Indeed, the Senate Judiciary applicant will be run through the na- the effect that courts must ‘‘assume Committee report in the 107th Congress tional DNA database, which could con- the DNA test result excludes the appli- on the Innocence Protection Act of 2002 ceivably produce a match linking the cant’’ when considering whether DNA describes four cases in which defend- applicant to an unsolved crime. Pen- testing would raise a reasonable prob- ants pleaded guilty to crimes they did alties are established in the event that ability that the applicant did not com- not commit and were later exonerated testing inculpates the applicant. Fur- mit the offense. Such an assumption is by DNA tests. ther, because an applicant’s assertion already implicit, since a court could The final requirement established by of innocence must be made under pen- not reasonably assess the probability section 3600 is that motions for post- alty of perjury, an applicant may be that a convicted offender was wrongly conviction DNA testing be made ‘‘in a subject to prosecution for perjury, as convicted without weighing some new timely fashion.’’ Motions are entitled well as for making a false statement, if evidence of innocence, such as a DNA to a rebuttable presumption of timeli- his assertion is later disproved. If con- exclusion. With or without the assump- ness if filed within five years of enact- victed, the applicant is subject to a 3- tion language, the question for a court ment of the IPA, or three years after year prison sentence, which shall run boils down to this: Would a DNA exclu- the applicant’s conviction, whichever consecutively to any other term of im- sion make it more likely than not that is later. Thereafter, it is presumed that prisonment he is serving. the applicant was innocent? If so, the a motion is untimely, except upon good Section 3600 also establishes proce- court should order DNA testing, pro- cause shown. As I explained in an ear- dures to be followed when DNA testing vided that the various technical re- lier floor statement, the Justice De- exculpates the applicant. A court shall quirements set forth in section 3600(a) partment has complained that the grant relief if the test results, when are met. ‘‘good cause’’ exception is so broad you considered with all the other evidence These requirements are simply stat- could drive a truck through it, and its in the case, establish by compelling ed. First, the applicant must assert his stubborn opposition to the IPA turned evidence that a new trial would result or her innocence under penalty of per- in large part on the inclusion of this in an acquittal. The ‘‘compelling evi- jury. Second, the evidence to be tested language. But while I agree that the dence’’ standard was another late addi- must have been secured in relation to language is broad, it is intentionally tion; earlier versions of the IPA set the the investigation or prosecution of the so; I would not agree to a presumption applicant’s burden at ‘‘a preponderance offense. Third, the evidence must not of untimeliness that could not be re- of the evidence.’’ The point of the have been previously subjected to DNA butted in most cases. At the same change, which I proposed, was to re- testing or, if it was, the applicant must time, this provision should allow quire courts to focus on the quality of be requesting DNA testing using a new courts to deal summarily with the De- the evidence supporting an applicant’s method or technology that is substan- partment’s hypothetical bogeyman— new trial motion rather than trying to tially more probative than the prior the guilty prisoner who ‘‘games the calculate the odds of a different ver- DNA testing. If the evidence was not system’’ by waiting until the witnesses dict. previously tested, the applicant must against him are dead and retrial is no In setting the new trial standard in also show that he did not waive the longer possible, and only then seeking section 3600, Congress rejected the Jus- right to request DNA testing of that DNA testing. tice Department’s proposal, under evidence in a court proceeding after As may be apparent from the awk- which an applicant would have to the date of enactment of the IPA, or wardness of the legislative language, prove, by clear and convincing evi- knowingly fail to request DNA testing the rebuttable presumption language dence, that he did not commit the of that evidence in a prior motion for in section 3600 was a late and hastily- crime. That standard is substantially post-conviction DNA testing. A waiver drafted addition to the legislation. It more demanding than the standard es- of the right to request DNA testing replaced a relatively generic require- tablished for second or successive mo- must be knowing and voluntary, and ment that motions be filed for the pur- tions filed under 28 U.S.C. § 2255 based

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.162 S19PT2 S11612 CONGRESSIONAL RECORD — SENATE November 19, 2004 on newly discovered evidence—a rem- In this regard, it should be noted that under sentence of death, and some rely edy that is already open to Federal in- section 3600A does not preempt or su- on arbitrary and unnecessary time lim- mates with new evidence of a DNA ex- persede any law that may require evi- its. To quote New York Attorney Gen- clusion. It would have made no sense dence, including biological evidence, to eral Eliot Spitzer, who testified in sup- for Congress to establish a more de- be preserved. Thus, if another law re- port of the Innocence Protection Act in manding new trial standard for cases quires evidence to be retained for 10 June 2000, ‘‘DNA testing is too impor- involving a new DNA test result than years after conviction, the government tant to allow some States to offer no for other cases involving newly discov- should wait at least that long before remedy to those incarcerated who may ered evidence. To the contrary, because notifying the defendant that the evi- be innocent of the crimes for which DNA testing conducted years and even dence may be destroyed. they were convicted.’’ decades after a conviction can provide If the notice exception becomes the The IPA affords States that accept a more reliable basis for establishing a rule—if notices are routinely served as the conditioned Federal funding some correct verdict than any evidence prof- soon as convictions become final, and flexibility in crafting their DNA laws. fered at the original trial, the standard evidence is routinely destroyed six State procedures for providing post- should be and has appropriately been months later—Congress will need to re- conviction DNA testing and preserving set a notch lower. This is consistent visit section 3600A. Having rejected any biological evidence need only be ‘‘com- with Congress’ decision, in section 204 time limit on motions for post-convic- parable,’’ not identical, to the Federal of the Justice For All Act, to toll the tion DNA testing, Congress should not procedures in sections 3600 and 3600A. statute of limitations in cases involv- allow the government to impose a de This means that the procedures adopt- ing DNA evidence; both provisions rec- facto time limit of six months by rush- ed by a State must, at a minimum, in- ognize the unique ability of DNA test- ing to destroy any evidence that could corporate the core elements of the Fed- ing to produce scientifically precise be the subject of a motion for post-con- eral procedures. For example, a State and highly probative evidence long viction DNA testing. In implementing post-conviction DNA statute that cov- after a crime has been committed. section 3600A, the government should ers only death row inmates and not in- Let me turn now to the new evi- never lose sight of its intended pur- mates serving terms of incarceration dence-retention rules enacted by the pose, which is to ensure that biological would not be comparable to the Fed- IPA. As a general matter, section 3600A evidence is available to permit future eral procedures. Similarly, a State requires the preservation of all biologi- statute that included a time limit or DNA testing that may help clear the cal evidence secured in relation to a any other provision that would system- innocent and catch the guilty. Federal criminal case for as long as The provisions I have discussed to atically deny testing to whole cat- any person remains incarcerated in this point will be codified in the Fed- egories of prisoners who would receive connection with that case. But biologi- testing under the Federal procedures eral Criminal Code and will have direct cal evidence may be destroyed—assum- would not be comparable to those pro- application to Federal cases and Fed- ing that no other law requires its pres- cedures and, so, would not satisfy the eral defendants only. Earlier versions ervation—under certain limited cir- Act. cumstances, including, first, if a pre- of the IPA recognized a constitutional When I first introduced the Inno- vious motion by the defendant for test- right of State prisoners to access bio- cence Protection Act in February 2000, ing pursuant to section 3600 was denied logical evidence held by the State for only a handful of States had enacted and no appeal is pending; second, if the the purpose of DNA testing; as enacted, post-conviction DNA testing laws. defendant knowingly and voluntarily however, the IPA contains no such pro- Today, a sizeable majority of States waived the right to request DNA test- vision. This is regrettable. As Fourth have enacted such laws, although as I ing of the evidence in a court pro- Circuit Judge Michael Luttig con- already noted, the scope of these laws ceeding conducted after the date of en- cluded in a 2002 opinion, ‘‘A right of ac- varies considerably. States that have actment of the IPA; and third, if the cess to evidence for tests which could already established a meaningful right evidence has already been tested pursu- prove beyond any doubt that the indi- to post-conviction DNA testing and ant to section 3600 and the results in- vidual in fact did not commit the reasonable rules for preserving biologi- cluded the defendant as the source. If crime, is constitutionally required as a cal evidence should not be required to the evidence is unusually large or matter of basic fairness.’’ An inmate’s change their laws as a condition of re- bulky, or if it must be returned to its interest in pursuing his freedom—and ceiving Federal funds, and the IPA does rightful owner, the government may possibly saving his life—is surely suffi- not require this. Section 413 includes a remove and retain representative por- cient to outweigh any governmental ‘‘grandfather clause’’ that should cover tions of the evidence sufficient to pre- interest in withholding access to po- many of the States that enacted DNA serve the defendant’s rights under sec- tentially exculpatory evidence. laws before enactment of the IPA, tion 3600. While taking no position on the con- making them immediately eligible for Biological evidence may also be de- stitutional question addressed by the conditioned grant money. Not stroyed if the government notifies ev- Judge Luttig, the IPA does encourage every State DNA law meets the terms eryone who remains incarcerated in States that have not already done so to of the grandfather clause, however, and the case that the evidence may be de- enact provisions similar to sections the Justice Department should take stroyed and no one requests DNA test- 3600 and 3600A. It does this in section great care in scrutinizing the laws of ing within 180 days of receiving such 413 of subtitle A of title IV, by reserv- any State claiming its protection. notice. It bears emphasis that this is a ing the total amount of funds appro- Post-conviction DNA testing is an es- limited exception to the general rule priated to carry out certain grant pro- sential safeguard that can save inno- favoring preservation of biological evi- grams authorized in the Act for States cent lives when the trial process has dence. It is not anticipated, nor is it that have adopted reasonable proce- failed to uncover the truth. But it anyone’s intention, that prosecutors dures for providing post-conviction would be neither just nor sensible to simply hand out standardized notices DNA testing and preserving biological enact a law that merely expanded ac- pursuant to section 3600A every time a evidence. cess to DNA testing. It would not be defendant is convicted. Indeed, one of It is never easy to attach strings to just because innocent people should the final changes made to H.R. 5107 money that our States so desperately not have to wait for years after trial to clarified that the defendant’s convic- need, but it is necessary in this in- be exonerated and freed. It would not tion must be final, and the defendant stance. Ten years after New York be sensible because society should not must have exhausted all opportunities passed the nation’s first post-convic- have to wait for years to know the for direct review of the conviction, be- tion DNA testing statute, many States truth. When innocent people are con- fore a section 3600A notice may be have yet to establish a right to post- victed and the guilty are permitted to served. Even then, the better practice conviction DNA testing, and others walk free, any meaningful reform ef- would be for the government to wait a have erected unjustifiably high proce- fort must consider the root causes of number of years, until the destruction dural hurdles to testing. For example, these wrongful convictions and take of the evidence is truly imminent, be- some States provide for post-convic- steps to address them. That is why sub- fore providing notice. tion DNA testing only if the inmate is title B of title IV addresses what all

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.163 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11613 the statistics and evidence show is the established a centralized, independent on the appointing entity. The under- single most frequent cause of wrongful appointing authority known as the In- lying purpose of the scheme is to help convictions inadequate defense rep- digent Defense Services Commission. insulate the appointment process from resentation at trial. The Commission appoints a statewide the political pressures that make it dif- Subtitle B was enacted against the Capital Defender who is accountable to ficult for individual trial judges to ap- backdrop of a shameful record of fail- the Commission but not accountable to point competent lawyers in individual ure by many States to provide com- the judiciary or to the political cases. petent lawyers to indigent defendants branches of government. The Capital In the course of negotiations to pass facing the death penalty. Testimony in Defender compiles and maintains a ros- the bill in the House last year, I and both the Senate and House Judiciary ter of private lawyers and public de- other sponsors of the bill reluctantly Committees revealed that of the 38 fenders who are qualified to try capital agreed to accept an amendment, now States that authorize capital punish- cases. The Capital Defender appoints section 421(e)(1)(C) of the Act, that has ment, very few have established effec- two defense lawyers for each capital come to be described as ‘‘the Texas tive statewide systems for identifying, defendant. He may appoint himself and carve-out.’’ Under this provision, a appointing and compensating com- his staff, or he may appoint lawyers State may qualify for a capital rep- petent lawyers in capital cases. from the roster. The trial judge has no resentation improvement grant if it Too often individuals facing the ulti- role whatsoever in the appointment of has adopted and substantially complies mate punishment are represented by counsel. Congress viewed the North with a State statutory procedure en- lawyers who are drunk, sleeping, soon- Carolina system as a national model acted before this Act under which the to-be disbarred or just plain ineffec- for establishing an effective capital trial judge is required to appoint quali- tive. Even the best lawyers in these counsel system. fied attorneys from a roster main- systems are hampered by inadequate Section 421 of the new law authorizes tained by a State or regional selection compensation and insufficient re- a grant program, to be administered by committee or similar entity. sources to investigate and develop a the Attorney General, to improve the In fact, the ‘‘Texas carve-out’’ is not meaningful defense. quality of legal representation pro- a carve-out at all. It simply acknowl- The Congress acted to remedy several vided to indigent defendants in State edges that Texas is in the process of major problems with the capital coun- capital cases. Grants shall be used to implementing a recent statewide re- sel appointment process. First, in establish, implement, or improve an ef- form law, the Fair Defense Act of 2001, many States the appointment of indi- fective system for providing competent and should be permitted to continue gent counsel in criminal cases is a legal representation in capital cases, that process. If Texas is awarded a Fed- county-by-county responsibility. Un- but may not be used to fund represen- eral grant it will still be required to less a State legislature or court system tation in specific cases. improve its capital counsel appoint- adopts standards, each county is left to In earlier versions of the Innocence ment system, but Federal authorities decide who is competent to represent Protection Act, I had proposed to con- will measure those improvements criminal defendants and how much dition certain State defenses in habeas against standards in the 2001 Texas they should be paid. In smaller and less corpus actions on the State’s establish- law. affluent counties where there is not a ment of an effective system for ap- professional public defender system, pointing capital counsel. In this man- Texas is not yet living up to the the compensation rate for this service ner, all capital States would have a promise of the Fair Defense Act. A No- can be shockingly low and the quality strong incentive to improve their ap- vember 2003 report by the Equal Jus- of lawyers abysmal. This problem af- pointment systems, not merely those tice Center and the Texas Defender flicts the indigent defense system in States that choose to apply for Federal Service demonstrates that many Texas general, but is more acute in capital funds. While this more ambitious pro- counties have failed to establish effec- cases which are more complex and time posal was not adopted, it is my inten- tive roster systems for identifying consuming, and where the stakes are tion that the grant program be admin- qualified lawyers and fail to provide higher. istered in a manner that ensures mean- reasonable compensation to capital Second, in addition to the fiscal con- ingful improvements in this vital State counsel. If Texas accepts Federal funds straints on individual counties there function. Congress did not create this under this new program, it will be re- are political pressures that make it dif- program to support existing death pen- quired to live up to its own State ficult for well-meaning administrators alty systems in the States but rather standards, including the all-important to pay appointed lawyers a reasonable to leverage needed improvements. requirement of reasonable compensa- rate for their services. Criminal de- Under the new law, an effective sys- tion. The TDS report should be a guide- fendants are highly unpopular recipi- tem is one in which a public defender post for needed improvements. ents of government largess, and ac- program or other entity establishes It is conceivable that other States cused murderers even less so. The qualifications for attorneys who may will qualify for consideration under Sixth Amendment to the U.S. Con- be appointed to represent indigents in section 421(e)(1)(C) but the provision stitution requires that defendants be capital cases; establishes and main- should be strictly interpreted by grant afforded effective representation at tains a roster of qualified attorneys administrators. The State law must State expense, but efforts to invoke the and assigns attorneys from the roster; have been enacted prior to enactment Sixth Amendment to generate sys- trains and monitors the performance of of the Innocence Protection Act, the temic change in State indigent defense such attorneys; and ensures funding for trial judge must be required to make systems have been largely unavailing. the full cost of competent legal rep- appointments from a roster of qualified A third major problem is that in al- resentation by the defense team and lawyers, and the roster must be main- most all States, the appointment of any outside experts. tained by the State, a regional selec- capital defense lawyers is made by the The Act’s definition of an effective tion committee or a similar agency trial judge rather than by an inde- system evolved from standards devel- that is independent of the trial court. pendent appointing authority. State oped by the American Bar Association Congress was aware that the trial trial judges, who are often elected of- and adopted by other standard-setting courts in many States maintain rosters ficeholders, find themselves under po- bodies and commissions, such as the from which lawyers may be chosen, but litical and administrative pressure to Constitution Project’s blue-ribbon that is not the sort of rigorous quality appoint lawyers unlikely to mount a commission on capital punishment. control mechanism that section vigorous, time-consuming or expensive Ideally, the entity that identifies and 421(e)(1)(C) requires. defense. appoints defense lawyers will be inde- States that establish an effective sys- Several States—including North pendent of the political branches of tem under section 421(e)(1)(A) or (B) Carolina and New York have—acted in State government, as are the authori- must compensate lawyers in accord- recent years to establish statewide sys- ties in North Carolina and New York. ance with section 421(e)(2)(F)(ii). That tems to deliver effective representa- For example, the Act explicitly states provision requires, among other things, tion. North Carolina, for example, has that sitting prosecutors may not serve that public defenders be compensated

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.165 S19PT2 S11614 CONGRESSIONAL RECORD — SENATE November 19, 2004 according to a salary scale commensu- ital cases. Grants shall be used to de- ance and report to Congress on the re- rate with the salary scale of the pros- sign and implement training programs sults. ecutor’s office in the jurisdiction. This for capital prosecutors; develop, imple- Section 425(a)(4) provides an oppor- requirement parallels the requirement ment, and enforce appropriate stand- tunity for public comment during the that capital representation improve- ards and qualifications for such pros- Inspector General’s review. This provi- ment grants are to be divided evenly ecutors and assess their performance; sion is not intended to preclude a mem- between the defense and prosecution establish programs under which pros- ber of the public from seeking any functions. In enacting the IPA, Con- ecutors conduct a systematic review of other available legal remedy after the gress generally approved of the concept cases in which a defendant is sentenced Attorney General has made a final de- of resource parity between the defense to death in order to identify cases in termination of whether a State is in and the prosecution, a concept that is which post-conviction DNA testing is compliance with the requirements of essential to ensuring fair trials in our appropriate; and assist the families of the statute. adversarial system of justice. murder victims. A special rule is provided in section Another important requirement con- A key limitation on these prosecu- 425(f) to ensure that any State relying cerning attorney compensation appears tion grants is that they may not be on the Texas-related provision in sec- in section 421(e)(2)(F)(ii)(II) which used ‘‘to fund, directly or indirectly, tion 421 is, in fact, complying with its states that appointed attorneys be the prosecution of specific capital own State law. Under the special rule, compensated ‘‘for actual time and serv- cases.’’ Consistent with the IPA’s over- if the Inspector General determines ice, computed on an hourly basis and arching goal of ensuring that capital that the State is not in compliance, at a reasonable hourly rate in light of punishment is carried out in a fair and Federal funds that would have other- the qualifications and experience of the reliable manner, these grants should be wise been available to the prosecution attorney and the local market for legal used to establish and improve systems function shall be used solely for the de- representation in cases reflecting the within prosecutor offices to minimize fense function. A separate determina- complexity and responsibility of cap- errors and abuses that may lead to tion by the Attorney General is not re- ital cases.’’ Again, this concept is wrongful convictions. They may not be quired to trigger this special rule. drawn from the American Bar Associa- used to hire additional capital prosecu- Section 426 authorizes $75 million a tion standards, which should be con- tors. year for 5years to carry out this sub- title. States receiving grants under sulted by grant administrators in im- Section 423 establishes requirements this subtitle shall allocate the funds plementing the program. This new for States applying for grants under equally between the programs estab- statutory requirement would clearly this subtitle, including a long-term lished in sections 421 and 422, subject to preclude a participating State from strategy and detailed implementation the special rule in section 425(f) that I compensating attorneys under a flat plan that reflects consultation with the judiciary, the organized bar, and just described. fee or capped fee system, because such The Justice For All Act is the most State and local prosecutor and de- a system would not compensate the at- significant step we have taken in many fender organizations, and establishes as torney for ‘‘actual time and services, years to improve the quality of justice a priority improvement in the quality computed on an hourly basis.’’ in this country. The reforms it enacts Moreover, the term ‘‘reasonable of trial-level representation of will create a fairer system of justice, hourly rate’’ must be taken seriously indigents charged with capital crimes where the problems that have sent in- by those who administer the new pro- and trial-level prosecution of capital nocent people to death row are less gram. For example, there is general crimes in order to enhance the reli- likely to occur, where the American agreement among experts that the Fed- ability of capital trial verdicts. people can be more certain that violent In the case of a State that relies on eral compensation rate of $125 per hour criminals are caught and convicted in- a statutory procedure described in sec- is reasonable in most parts of the coun- stead of the innocent people who have tion 421(e)(1)(C), the Texas-related pro- try. been wrongly put behind bars for their In my view, a State rate comparable vision I have previously discussed, a crimes, and where victims and their to the Federal rate should be consid- State officer must certify that the families can be more certain of the ac- ered ‘‘reasonable,’’ taking into account State is in compliance with State law. curacy, and finality, of the results. differences in the cost of living in var- But such a certification should not be Once again, I thank my colleagues in ious parts of the country. Capital cases considered dispositive—Federal grant both bodies who worked hard to resolve are among the most complex, high administrators must still assess the conflicts and congratulate them on stakes cases tried in any courthouse, State’s compliance with State law. this legislative achievement. and the lawyers who represent defend- Thus, the certification does not obviate ants in such cases should be paid at a the need for the Inspector General to f rate comparable to that earned by carry out an independent assessment of MORTGAGE INTEREST DEDUCTION other lawyers engaged in similarly im- the State’s compliance under section Mr. SMITH. Mr. President, I rise portant litigation. 425(a)(3). today to address a topic we have all One recent modification of section Section 424 requires States receiving been contemplating lately, one impor- 421 would make clear that sitting pros- funds under this subtitle to submit an tant to the American people, and one ecutors may not be members of the ap- annual report to the Attorney General that I hope we will address in the 109th pointing authority established under identifying the activities carried out Congress, tax simplification and re- section 421(e)(1)(B), although others with the funds and explaining how each form. with expertise in capital cases may activity complies with the terms and As we begin to put our ideas together participate. I agree that under this new conditions of the grant. to simplify Federal income taxes for language members of the judiciary Section 425 directs the Inspector Gen- American individuals, families and may be members of the authority. On eral of the Department of Justice to small businesses, we should be careful the other hand it would be impermis- submit periodic reports to the Attor- not to remove incentives for invest- sible for the appointing authority to ney General evaluating the compliance ment. While many investment opportu- delegate its authority to trial judges or of each State receiving funds under nities exist today, perhaps none pro- to a group of trial judges. Such a dele- this subtitle with the terms and condi- vides more benefits for individuals, gation would defeat one of the central tions of the grant. In conducting such families and communities than the goals of the Act, which was to insulate evaluations, the Inspector General purchase of a home. That is why we the appointment power from the polit- shall give priority to States at the must continue to allow taxpayers to ical and administrative pressures on highest risk of noncompliance. If, after deduct the interest paid on home loans trial judges. receiving a report from the Inspector from their Federal income taxes. As part of the same program estab- General, the Attorney General finds The mortgage interest deduction is a lished in section 421, section 422 au- that a State is not in compliance, the vital component of our Tax Code. After thorizes grants to improve the rep- Attorney General shall take a series of State taxes, it is the most common de- resentation of the public in State cap- steps to bring the State into compli- duction. The tax savings individuals

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.167 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11615 and families receive from financing a We first spent time in London to dis- bassador to the United Kingdom, who home factor strongly into the eco- cuss our bilateral relationship and will be a strong advocate for U.S. pol- nomic decision people make to buy a issues impacting transatlantic rela- icy and help convey to the British peo- house or apartment. In fact, studies tions. We met with Prime Minister ple the important work that their have shown that the deduction is crit- Tony Blair and his Chief of Staff, Jona- country is doing as a key ally in Iraq, ical to young families trying to become than Powell. We also visited with Sec- Afghanistan and other parts of the homeowners. retary of State for Foreign Affairs world. According to the Mortgage Bankers Jack Straw, as well as Shadow Sec- I now have a better understanding of Association, the average homeowner retary of State for Foreign Affairs Mi- the United States’ perception in the has $121,000 in net equity in their home, chael Ancram and Shadow Secretary world and our need to continue to en- which represents half of their net for International Development Alan gage with our European allies in our worth. Equity in a home is not only a Duncan. diplomatic process. As the Scottish major source of household wealth, but I was glad to have the opportunity to poet Robert Burns wrote, ‘‘Oh, that it can also be leveraged to finance meet with the Atlantic Partnership. God would give us the very smallest of goals such as higher education or start- The Atlantic Partnership is a network gifts, to be able to see ourselves as oth- up costs for a small business. Children of experts from both Europe and the ers see us.’’ of homeowners are better educated, United States who are willing to use Following our time in London, we less likely to drop out of school, and their influence to further European- traveled to Kosovo and Serbia and Montenegro. We stopped in Pristina, less likely to be arrested. For these American relations. The Atlantic Part- where we were greeted by Phil Gold- reasons and more, people often tell me nership’s role is to argue for setting berg, who is Chief of Mission of the that buying their house or apartment major policy decisions in the context U.S. Office in Pristina. We were also is the best investment they have ever of their impact on transatlantic rela- welcomed by Brigadier General Tod made for themselves and their family. tions, within the context of strength- Carmony of Ohio, who serves as the Benefits also extend beyond the ening the transatlantic relationship. Commander of Task Force Falcon, the homeowner. Due to positive social ef- Fresh off the heels of the elections in American contingent of one of four bri- fects, promoting homeownership has the United States, British officials and gades in the NATO Kosovo mission. I been a bipartisan public policy objec- representatives of nongovernmental or- was glad to have the chance to spend tive in this country since the 1930s. Re- ganizations were interested in dis- time at Camp Bondsteel visiting with gardless of income or other factors, cussing the election results and the the nearly 1,000 members of the Ohio homeowners are more likely to vote, a President’s relationship with the National Guard who are serving as part United Kingdom and the European critical activity to the health of de- of KFOR under General Carmony’s Union. Some expressed concern about mocracy. Studies have shown that mu- command. Their work is critical to the the state of these relationships, and nicipalities with higher homeowner- security in the region. As former Gov- they also discussed some of the unhap- ship rates spend more on schools and ernor of the State of Ohio, I am pleased streets and less on social welfare. piness in Great Britain with the war in that the Department of Defense has so Homeowners have a direct stake in the Iraq. They stressed the need to work in much faith in the Ohio National Guard quality of their neighborhoods, work greater cooperation, and indicated that that they have put them in charge of harder to make their community a the United States and Europe should the U.S. contingent of the KFOR mis- good place to live, driving out crime, look for areas where we share a com- sion. drugs and blight, and attracting invest- mon cause to tackle issues of concern, This was my fourth visit to Kosovo ment in cultural, retail and commer- such as the promotion of democracy since the end of the military campaign cial development. and peace in the Middle East, consoli- in 1999. I was particularly anxious to Our Nation’s homeownership rate dating gains in Afghanistan, and peace assess the situation on the ground fol- reached a record 69.2 percent in the sec- and security and a viable self-govern- lowing the violence that erupted on ond quarter of this year. The number of ment in Iraq. March 17, 2004, which claimed 20 lives, homeowners reached 73.4 million, the With the rapidly declining health of displaced more than 4,000 people, in- most ever. And for the first time, mi- Palestinian leader Yasser Arafat, we cluding Kosovo Serbs, Ashkalia and nority homeownership rose above 50 also spent a great deal of time dis- others, and resulted in the destruction percent. Despite this success, however, cussing the Middle East peace process of more than 900 homes and 30 churches homeownership opportunities are not and prospects for moving forward with and monasteries belonging to the Ser- equally available to everyone. For ex- a settlement between Israelis and Pal- bian Orthodox Church—adding to the ample, while minority homeownership estinians. There was general consensus more than 100 churches that had al- rates have increased, Hispanics and Af- that it is important to make progress ready been destroyed during the pre- rican-Americans still lag significantly in the Middle East in order to help sta- vious five years. behind non-Hispanic whites and Asian- bilize the region. In my view, success After the violence broke out, I was Americans. in Iraq is critical to this process. on the phone with the State Depart- As we bring the 108th Congress to a Our time in London underscored the ment, particularly Under Secretary of close, I urge my colleagues to give critical work that our diplomatic corps State for Political Affairs Marc Gross- careful thought to America’s long- is doing as we move forward with ef- man, demanding that the United standing tradition of encouraging forts to promote stability and security States step up its efforts to stabilize homeownership. With prudent tax po- in Iraq and Afghanistan, and as we con- the region. During the last several lices we can continue to help citizens tinue to fight the global war on terror. years, I have continued to call on U.S. on the path to homeownership and in We must continue to place a great deal officials and members of the inter- pursuit of the American Dream. of emphasis on efforts to strengthen national community to enhance efforts f our transatlantic relationships. Sev- in Kosovo. As the events in mid-March eral British officials made it clear that demonstrated, significant challenges TRAVEL TO THE UNITED KING- the country must extend the olive remain. The death and destruction that DOM, SERBIA AND MONTENEGRO, branch and put a new face on diplo- took place was a tragic and urgent re- AND ITALY macy. minder of the work that remains to be Mr. VOINOVICH. Mr. President, ear- Great Britain is, and will continue to done. lier this week, I returned from travel be, a vital ally in the war against ter- Following the violence in March, I to England, Serbia and Montenegro, ror, and the United States must con- urged the United States and members and Italy, where I joined Senator GOR- tinue to maintain strong relations with of the international community to re- DON SMITH, Senator MIKE DEWINE, Sen- the country. An important aspect of double efforts to provide a stable and ator CHUCK GRASSLEY and Senator this relationship is a strong represent- secure environment for all people in MIKE ENZI as members of the Senate ative of the United States Government Kosovo, and I called for the resignation delegation to the fall session of the in London. I am hopeful that the Presi- of the head of the U.N. Interim Admin- NATO Parliamentary Assembly. dent will soon appoint a new U.S. am- istration Mission in Kosovo, UNMIK,

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.086 S19PT2 S11616 CONGRESSIONAL RECORD — SENATE November 19, 2004 Harri Holkeri. We now have a new asked Norwegian Ambasador Kai Eide than one percent of Kosovo Serbs chose team in place. Soren Jessen-Petersen to conduct a comprehensive review of to cast ballots. Mr. Ivanovic attributed replaced Mr. Holkeri as the Head of the policies and practices of all actors the poor turnout in part to mixed mes- UNMIK and the Special Representative in Kosovo and prepare recommenda- sages from Belgrade, as well as calls for of the U.N. Secretary General, SRSG, tions to move forward. Ambassador a boycott from the Serbian Orthodox and U.S. Ambassador Larry Rossin Eide prepared this report, which in- Church. Many Kosovo Serbs chose to serves as his deputy. cludes several points of consideration boycott the elections because they feel It has been my conclusion that for UNMIK and members of the inter- their lives have not improved by par- things have not gone well in Kosovo be- national community. ticipating in the political process. cause members of the international In his report, Ambassador Eide rec- However, I believe it is crucial that community, including the United ommends prosecuting those responsible they re-engage, and I encouraged them States, the United Nations, the Euro- for the atrocities in March and com- to get back into the government, take pean Union, and others, have not made pleting reconstruction of homes and the two seats promised in cabinet, and it a high priority to stabilize the long- churches. He also suggests stream- work to improve the situation for term situation. This has influenced the lining the standards process, and trans- Kosovo’s minorities. performance of UNMIK and KFOR. ferring more authority to Kosovars. I also encouraged Kosovo Serbs to As the events in March dem- Further, Ambassador Eide recommends work with Kosovo Albanian leaders and onstrated, we must do a better job en- granting greater control over local members of the international commu- suring that KFOR has troops with the areas to the Serbian minority, and he nity to move forward with the recon- necessary training, equipment and au- suggests restructuring UNMIK to en- struction of churches and monasteries thority to carry out its mission. For sure concentration on key priorities. damaged or destroyed in March. The instance, at present, only 33 of the 55 Ambassador Eide also calls on the Eu- Provisional Institutions of Self-Gov- units in Kosovo are trained to provide ropean Union to develop an economic ernment have committed 4.2 million crowd and riot control, the most likely development strategy, and he suggests for this purpose. However, the Serbian type of violence to occur. Of those 33 that the international community open Orthodox Church has withdrawn from the commission charged with the re- units, only 22 have the necessary equip- a more comprehensive dialogue with ment to use their crowd and riot con- construction of religious sites. Belgrade. Finally, Ambassador Eide I believe it is important that the Ser- trol capabilities. This must be fixed. recommends that NATO maintain the bian Orthodox Church work with polit- It is also important that NATO work KFOR presence to ensure a safe and se- to remove national caveats or restric- ical leaders in Kosovo to find a way cure environment. forward that is acceptable to all par- tions, which determine how soldiers In our meetings, I asked UNMIK offi- ties to repair and rebuild cultural and from certain countries are able to re- cials and Kosovo’s political leaders for religious sites. If this does not happen, spond in times of crisis. Brigadier Gen- their reaction to the Eide report. Gen- it will seriously undermine efforts to eral Carmony assured me that efforts erally, the responses that I received move toward a lasting, sustainable are being made to remove these cave- were positive. As we consider ways to peace in Kosovo. ats. I have requested information on move ahead, U.S. officials and mem- In summary, from all of our discus- this matter, which I will continue to bers of the international community sions in Kosovo, as well as our con- follow-up on in my capacity as a mem- should take a close look at the report versations in Belgrade, it was clear ber of the Senate Foreign Relations prepared by Ambassador Eide and con- that the question of Kosovo’s final sta- Committee. sider implementing a number of his tus is on everyone’s mind. Kosovo Al- Later in the week, after we arrived in recommendations. banian leaders call for immediate inde- Venice for the NATO Parliamentary While in Pristina, we met with lead- pendence, while Kosovo Serb leaders Assembly meeting, I also raised the re- ers from both the Kosovo Albanian and argue that this is impossible given the moval of caveats with Ambassador Kosovo Serb communities. We visited current situation for minorities in the Nick Burns, who serves as our Perma- with President Ibrahim Rugova and province. Political leaders in Belgrade nent Representative at NATO head- Bajram Rexhepi, who served as prime maintain that Kosovo remains a part quarters in Brussels, and with NATO minister until parliamentary elections of Serbia and Montenegro, while varied Secretary General Jaap de Hoop were held in late October. It seems in- opinions exist among members of the Schaeffer. It is my understanding that creasingly likely Mr. Rexhepi will lose international community. Despite dif- this is not only a problem in Kosovo, this position as a new government is ferent points of view, it is evident that but also in Afghanistan and Iraq. If formed. there is a long road ahead as we look to NATO is serious, restrictions must be I have met with Mr. Rugova and Mr. guarantee security and stability for all removed and troops given the equip- Rexhepi on several other occasions, in- people in Kosovo. Until minorities are ment they need to provide the needed cluding a visit to Kosovo in May 2002. protected, I believe it is very difficult security. At that time, I reiterated a plea that I to answer questions about Kosovo’s In addition to making changes within made in February 2000, urging Kosovo’s final status. KFOR, I believe it is essential that leaders to start a new paradigm of Following our time in Kosovo, we UNMIK work with Kosovo’s political peace and stability for all people in traveled to Belgrade, where we met leaders to ensure that the necessary Kosovo. I continue to believe it is es- with U.S. Ambassador Michael Polt, steps are taken to secure an environ- sential that minorities in Kosovo, in- Serbian President Boris Tadic, Serbian ment where respect for human rights cluding Serbs, Roma, Egyptians, Prime Minister Vojislav Kostunica, and the rule of law are protected. When Bosniaks, Croats, Turks, Ashkalia and President of Serbia and Montenegro I met with UNMIK representatives, I others, are able to move about as they Svetozar Marovic, Foreign Minister of made it clear that things must improve wish and live lives free from fear. As Serbia and Montenegro Vuk Draskovic, with regard to the enforcement of U.N. such, though it has been more than five Serbia and Montenegro’s Minister of Security Council Resolution 1244. Un- years since the end of the NATO mili- Defense Prvoslav Davinic, and Serbia less we do a better job, minorities will tary campaign, I was very disappointed and Montenegro’s Minister for Human continue to leave Kosovo, and the that President Rugova did not decry and Minority Rights Rasim Ljajic. international community will be a wit- the destruction that took place on We had good conversations regarding ness as Kosovo moves further away March 17th of this year. Until Kosovo’s positive developments in Serbia and from becoming the free, multi-ethnic minorities are protected, there cannot Montenegro that have taken place dur- and democratic society that we hope be consideration of final status for ing the more than four years since Ser- will become a reality. Kosovo. bian voters went to the polls and re- This is not an easy process, but we We also had the opportunity to visit moved Slobodan Milosevic from power must take a close look at how we can with Kosovo Serb leader Oliver in October 2000. Since that time, there more effectively move forward in Ivanovic. Part of our conversation fo- has been considerable progress. We Kosovo. Following the March violence, cused on the results of the October par- have worked with the Paris Club to ne- U.N. Secretary General Kofi Annan liamentary elections, in which less gotiate favorable terms on debt relief

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.170 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11617 for Serbia and Montenegro. The United gather to discuss transatlantic issues. I the U.S. War Department realized its States has extended normal trade rela- have regularly attended these meet- deficiencies in the intelligence oper- tions (NTR), and we have continued to ings, and I serve as Vice Chairman of ations against Japan. The Military In- cultivate relations between Wash- the Assembly’s Political Committee. telligence Service Language School, ington and Belgrade. Our participation in the session was MISLS, was hastily authorized and cre- Additionally, along with my col- limited to the first two days, as we had ated to train linguists skilled in inter- leagues, I was thrilled to see Boris to return to Washington for work in pretation, translation and interroga- Tadic’s clear victory on June 27, 2004 to the Senate for the conclusion of the tion in the Japanese language, estab- serve as the next President of Serbia. 108th Congress. However, we had two lished at the Fourth Army Intelligence The significance of this development solid days of work, including meetings School located at Crissey Field, Pre- cannot be overstated. Voters in Serbia with our Permanent Representative to sidio of San Francisco. With a meager embraced democratic reform and Euro- NATO, Ambassador Nick Burns, and budget of $2,000 and an initial enroll- pean integration and rejected nation- NATO Secretary General Jaap de Hoop ment of 60 students, the first classes alism that has for too long marred the Schaeffer. We discussed a number of commenced their studies of military past. It remains my sincere hope that issues impacting the NATO Alliance, Japanese on November 1, 1941, a scant 5 this is a sign of things to come in Ser- including NATO’s role in Afghanistan weeks before the Pearl Harbor attack bia and Montenegro. and Iraq, the capabilities and contribu- by Japan. After a grueling 6 months of However, it is clear that challenges tions of NATO allies, and the NATO training, only 45 of the initial enroll- remain. Perhaps highest among them Response Force, among other things. ment of 60 students survived to grad- is cooperation with the International In celebration of its 50th anniversary, uate in May 1942, 35 of whom were im- Criminal Tribunal for the former Yugo- the NATO Parliamentary Assembly mediately assigned and deployed out to slavia (ICTY). We made clear to Prime convened a special plenary session with the Alaskan and Guadalcanal cam- Minister Kostunica that he must take the North Atlantic Council. NATO Sec- paigns. a leadership role to ensure that in- retary General de Hoop Schaeffer deliv- From the outset the Army recognized dicted war criminal Ratko Mladic and ered an impressive speech, in which he that the American Nisei possessed the others are behind bars at The Hague. challenged delegates to the meeting to best qualifications, competence and po- This is essential if Serbia and Monte- encourage their respective constitu- tential for Japanese intelligence spe- negro hopes to move toward Europe’s encies to enhance participation in cialist training, yet harbored grave democratic institutions, including the NATO as the Alliance looks to meet doubts about the Nisei’s loyalty to European Union. It is also critical if new challenges in Afghanistan, Iraq America. Soon news came back from Serbia and Montenegro chooses to join and the war against terrorism. the field of vast sources of new Japa- NATO’s Partnership for Peace. As our meeting demonstrated, the nese intelligence uncovered by a pio- I have been urging Vojislav NATO Alliance remains strong. NATO neer linguist team lead by Captain Kostunica to further cooperation with is playing a critical role in efforts to John Burden of Hawaii in the battle of the War Crimes Tribunal since he be- promote stability and security in Af- Guadalcanal, and field commanders came President of Serbia in October ghanistan. Many soldiers from our began flooding the MISLS with de- 2000, and I continue to call on him to NATO allies are standing alongside mands for more Nisei linguists. The take action on this matter in his ca- American forces in Iraq, and other need to meet this surging demand for pacity as Serbia’s Prime Minister. NATO members are providing training Japanese language linguists led the Thankfully, there are those in Serbia, for Iraqi security forces. Moreover, MISLS in December 1942 to recruit 58 including President Tadic, Foreign NATO remains integral to peace- Nisei from the 100th Battalion then Minister Draskovic and others, who un- keeping missions in the Balkans. training at Camp McCoy, Wisconsin, to derstand the importance of ICTY co- That being said, it is clear that chal- secure the transfer of 250 Nisei from operation and are trying to make the lenges remain as the Alliance reviews the 442nd Regimental Combat Team, case to the Serbian people. I am hope- its role in Afghanistan and Iraq and RCT, at Camp Shelby, Mississippi, to ful that they will prevail in the end, the broader war against terrorism, and scour the 10 relocation camps to re- and Serbia and Montenegro will move it is important that we remain engaged cruit MIS students from behind their toward European integration. and active to help meet these chal- barbed wire enclosures, and to conduct On a more positive note, I was glad lenges. two recruiting trips to Hawaii in June to hear that economy is slowly improv- f 1943 and February 1944 to enlist over ing. This was underscored by the Presi- 500 Hawaii Nisei for intelligence train- dent of the American Chamber of Com- THE NISEI INTELLIGENCE WAR ing at MISLS. merce of Serbia and Montenegro. This AGAINST JAPAN With the forced evacuation of 110,000 is important to the Serbian people, and Mr. AKAKA. Mr. President, the Japanese from the West Coast under it will also help to further democratic World War II war against Japan has Executive Order 9066 in the spring of reforms in the country. been described in John Dower’s book 1942, the MISLS was transferred to I was also inspired by the good work ‘‘War Without Mercy’’ as the most sav- Camp Savage, Minnesota where it con- of nongovernmental organizations, age, bitterly fought racial war in his- tinued to recruit, train and graduate such as the German Marshall Fund’s tory. Caught in between this epic successive classes of Japanese linguist Balkan Trust for Democracy, as well as struggle as innocent victims were the specialists at roughly six month inter- the charitable work that is being done Nisei, American citizens of Japanese vals totaling some 1,600 graduates. The by Crown Prince Alexander and Crown ancestry, who were neither accepted ever-increasing enrollment overtaxed Princess Katherine. nor trusted by both America and the facilities at Camp Savage forcing During my time in Belgrade, I con- Japan. The widespread question and the MISLS to move to larger facilities tinued to be encouraged by the forward doubt as to their loyalty to America at nearby Fort Snelling in the spring of thinking of President Boris Tadic and extended to grave uncertainty of 1944. Here, classes training WAC stu- his advisors, who ran on a platform of whether the Nisei would be willing to dents, oral language training and occu- democratic reform and European inte- fight against an enemy of their same pation civil affairs administration were gration. This is the type of agenda that ancestry. This calls for the telling of added to the curriculum. By V–J Day will help to ensure a stable, secure and the little-known story that there were in August 1945, 10 classes had been prosperous future for the people of Ser- over 6,000 Nisei who more than will- trained and graduated from MISLS at bia and Montenegro. ingly and resolutely fought against the Camp Savage and Fort Snelling and an- We concluded our travel in Venice, Japanese enemy during World War II as other 3,000 students were enrolled and Italy for the fall session of the NATO military intelligence linguists serving learning Japanese at the Snelling fa- Parliamentary Assembly. In my view, in the American and Allied forces. cilities at that time. In all, during its this is an important forum where legis- Briefly, this is that story. history MISLS trained and graduated lators and parliamentarians from As the probability of war against 6,000 students for combat and occupa- NATO member and partner countries Japan mounted in the summer of 1941, tional duty against Japan in World

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.171 S19PT2 S11618 CONGRESSIONAL RECORD — SENATE November 19, 2004 War II. In June 1946, MISLS was then ‘‘Sankey’’ Yamashiro, translated the Japan’s Surrender and Occupation: moved to the Presidio at Monterey, ‘‘Z’’ Plan, and copies were distributed With the atomic bombing of Hiroshima California and was renamed the De- to every command in the U.S. Navy. and Nagasaki, Japan accepted the fense Language Institute where it When the invasion of the Marianas terms of the Potsdam Declaration and teaches over 25 languages in the mili- Islands began in June 1944, the surrendered on August 15, 1945. OSS tary intelligence field. counterattacking Japanese aircraft Nisei like Fumio Kido, Dick Hamada MISLS graduates served in every were virtually wiped out by U.S. Navy and Ralph Yempuku parachuted down combat theater and engaged in every carrier planes in ‘‘The Great Marianas into Japanese POW prison camps at major battle fought against Japan dur- Turkey Shoot’’ by virtue of the prior Hankow, Mukden, Peiping and Hainan ing World War II. Nisei linguists were knowledge of Japanese strategy con- as interpreters on mercy missions to assigned to and served with the United tained in the ‘‘Z’’ Plan. liberate American and Allied prisoners. States Army, Navy, Marine Corps and Southeast Asia Command. (CBI The- Over 5,000 Nisei served as the vital Air Force, as well as with British, Aus- ater): Nisei linguists joined British, In- link between General MacArthur’s Oc- tralian, New Zealand, Canadian, Chi- dian, Chinese and U.S. forces in the cupational headquarters and the Japa- nese, and Indian combat units fighting China-Burma-India Theater to drive nese people during the seven year occu- on all fronts against the Japanese. Japanese invaders out of Burma and to pation of Japan, contributing to the Trained for duties as interrogators, in- reestablish the Burma Road supply promotion of peaceful and harmonious terpreters and translators, cave lines to China. They were part of the relationships between occupation flushers, radio interceptors, radio an- two ground forces in Burma, the forces and Japanese citizens. Nisei nouncers and propaganda writers, the Merrill’s Marauders and Mars Task were part of military government of- MIS graduates served as ‘‘the intel- Force, performed guerrilla tactics be- fices established all over Japan to en- ligence eyes and ears’’ of American and hind the enemy lines with the OSS De- sure proper implementation of occupa- Allied Forces in the war against Japan. tachment 101, provided radio intercept tional policies, interpreting the direc- The Nisei linguists were sent out to work for the 10th Army Air force, tives and verifying that local govern- serve in every battle front where war manned the Southeast Asia Translator ments carried them out. Nisei but- was being waged against the Japanese & Interrogation Center, SEATIC, in tressed U.S. Army Counter Intelligence enemy. New Delhi, India, made propaganda Corps efforts to detect and prevent sub- South Pacific Command: Com- broadcasts for the Office of War Infor- versive activities against Occupation mencing in May 1942 Nisei linguist mation, and were leased out to the Forces, screened hundreds of thousands teams were sent out from Admiral Hal- British forces fighting in southern of Japanese soldiers repatriating back sey’s command headquarters in New Burma. In China, Nisei MIS performed to Japan against communist influ- Caledonia to participate in the battle intelligence services for the ‘‘Dixie ences, helped design the Land Reform for Guadalcanal where Japan suffered Mission’’ to Communist China Head- Law, and provided vital translator/in- its first defeat, in the invasion of New quarters at Yenan and OSS Detach- terpreter services at the War Crimes Georgia and Bougainville and in the ment 202 in Kunming, and fought with Trials against Japanese war criminals. encirclement and cut off of Rabaul, Chiang Kai Shek’s Forces against the Nisei participated in every major as- New Britain to neutralize Japan’s main Japanese in southwestern China. signment covering military govern- Pacific stronghold. In April 1943, lin- Central Pacific Command: Admiral ment, disarmament, civil affairs and guist Harold Fudenna intercepted and Nimitz organized the ‘‘Joint Intel- intelligence and helped to frame the translated a Japanese radio message ligence Center Pacific Ocean Area new Japanese Constitution which which outlined the schedule of Admiral (JICPOA) operating out of Pearl Har- pledged that Japan would ‘‘forever re- Isoroku Yamamoto’s inspection trip to bor, staffed by hundreds of Nisei trans- nounce war as a sovereign right of the Bougainville. American P–38 fighters lator/interrogators who were assigned nation.’’ A personal assessment of the flown out of Guadalcanal intercepted out to serve with the U.S. Army, Navy, Nisei’s role in the occupation is stated and shot down Yamamoto’s plane over Marine and Air Force units waging the by Harry Fukuhara, a combat veteran Bougainville. General McArthur de- Pacific War against Japan. Nisei par- of the Southwest Pacific campaign and scribed this incident as ‘‘one of the sin- ticipated in the amphibious landings himself a member of the occupation gularly most significant actions of the and land battles of the Marine Corps to forces, thusly: ‘‘The role of the Mili- capture Tarawa, Makin, Kwajalein and Pacific War.’’ tary Intelligence Personnel during the Eniwetok and were part of Marine and Southwest Pacific Command: In July Occupation of Japan also was very im- Army attacking units invading and 1942 General McArthur established the portant in assisting the rapid recovery capturing Saipan, Iwo Jima and Oki- Allied Translator and Interpreter Sec- that helped Japan to be accepted back tion, ATIS, of his Intelligence Division nawa. Nisei radio interceptors flew as crews on U.S. Air Force bombing mis- into the family of nations. Nisei sol- in Melbourne, Australia to become the sions over the Japanese mainland. diers, with their language fluency and largest military intelligence center to With their language skills they called knowledge of Japanese culture and cus- wage the tactical war against Japan. into caves at Saipan, Iwo Jima and toms, bridged the gap between U.S. Throughout its history over 3,000 Nisei Okinawa to persuade hundreds of Japa- forces and the Japanese government. linguists served with ATIS, translating nese soldiers and civilian natives to This was one of the key elements con- over 350,000 captured Japanese docu- surrender and save their lives without tributing to the recovery of war-torn ments and interrogating more than needless mortality. T/Sgt Hoichi Kubo Japan, its people and economy. Nisei 10,000 Japanese POWs. Nisei language assigned to the U.S. 27th Division en- efforts also laid the groundwork for the teams were assigned to and partici- tered a cliffside cave alone at Saipan to bilateral relationships that exists pated in the two-year campaign of jun- face 9 armed Japanese soldiers to suc- today between the United States and gle warfare along the east and northern cessfully persuade them not only to re- Japan.’’ coast of New Guinea and Borneo, in- lease the 120 civilians held captive Summary: Such in brief is the story vading and defeating Japanese defenses there but for the soldiers themselves to of the Nisei MIS linguist, America’s along the way. The Nisei were part of surrender. Kubo was awarded the Dis- little known ‘‘secret weapon’’ against the invasion of the Philippines in Octo- tinguished Service Cross, the highest Japan during World War II. Their story ber 1944 where General McArthur made decoration received by any Nisei in the is little known because their identity his triumphal ‘‘I have returned’’ land- Pacific War. Nisei linguists attached to and their work was conducted under ing at Leyte. In March 1944, the ‘‘Z’’ the front line of American invading the strictest security and secrecy and Plan containing Japan’s total defense forces not only assumed the normal their vital role in waging the success- strategy for the Western Pacific fell hazards of combat but also faced the ful intelligence war against Japan re- into American hands following the additional danger of being mistaken mained classified for until over 30 fatal crash of Admiral Koga in the for an enemy Jap and shot at by their years after the War. Their role was Philippines. The document was rushed own troops, so they were assigned per- considered indispensable because they to ATIS in Australia where two Nisei, sonal bodyguards at their sides at all possessed and employed the most effec- Yoshikazu Yamada and George times! tive weapon knowledge to be able to

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.172 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11619 comprehend and pierce the enemy’s Heart Study, which showed that the and health advocacy organizations to exam- complex, difficult language and their use of multivitamins may aid in the ine the current science supporting daily services contributed tremendously to prevention of heart attacks. multivitamin use and help chart the course In March, a study published in the for future research. the Allied victory. General MacArthur The study, the first of its kind, included a stated that ‘‘Never in military history Annals of Internal Medicine found that systematic literature review of the most rig- did any army know so much about the multivitamin use decreased the risk of orous research available and examined the enemy prior to actual engagement.’’ infection for people with diabetes. And health effects of multivitamin use among On April 1, 2000, the President of the the science continues to mount dem- adults over 65 years old. The researchers United States bestowed upon the Nisei onstrating the potential of daily multi- used an analysis of Medicare claims files and MIS the Presidential Unit Citation, the vitamin use which can have a whole widely accepted Congressional Budget Office highest honor that can be awarded to range of benefits. These include reduc- (CBO) cost accounting methods to determine ing the incidence of neural tube defects the costs and potential savings, monetizing any military unit. The major part of the potential preventive health benefits of the citations reads: by 50 percent or more, decreasing the multivitamin supplementation. The key contributions made by the mem- number of sick days in the elderly due ‘‘We were able to identify significant cost bers of the Military Intelligence Service in to infectious illnesses by up to 50 per- savings based on improved immune func- providing valuable intelligence on military cent, delaying or avoiding more than 20 tioning and a reduction in the relative risk targets helped advance the United States percent of hip fractures caused by of coronary artery disease through providing and Allied cause during World War II and un- osteoporosis, delaying the onset of a daily multivitamin to the 65 and over pop- doubtedly saved countless lives and hastened cataracts and age-related macular de- ulation,’’ said Allen Dobson, Ph.D., senior the end of the war. The significant achieve- vice president and director of Healthcare Fi- ments accomplished by the faithful and dedi- generation, reducing the incidence of nance at The Lewin Group. ‘‘In my experi- cated service of the linguistic-intelligence heart disease, stroke and possibly Alz- ence, finding any cost savings for preventive specialist graduates of the Military Intel- heimer’s, and protecting against some measures is unusual and finding cost savings ligence Service will never be forgotten by types of cancer. of this magnitude is very rare. our grateful nation. Their unconquerable Additionally, I would like to recog- Over the five-year period from 2004–2008, sprit and gallant deeds under fire in the face nize a study that was commissioned by the study results show potential savings of superior odds, and their self-sacrificing de- Wyeth Consumer Healthcare and con- from a reduction in hospitalizations for votion to duty are worthy of the highest ducted by The Lewin Group. The study heart attacks, as well as from a reduction in hospitalizations, Medicare nursing home emulation. examined the potential cost savings— The Nisei served with distinction and stays and home healthcare associated with within the Medicare health care infection. honor; not a single case of subversion model—that could occur if more of our While the evidence most strongly supports or disloyalty was ever charged against aging population took a daily multi- the beneficial effects of multivitamins in im- them. Little is known that nineteen vitamin. This study also served as a proved immune functioning and a reduction Nisei gave up their lives in the line of means for evaluating the impact daily in the relative risk of heart disease, re- duty in the Pacific War. They convinc- multivitamin use can have on preven- searchers also reviewed literature that ex- amined the preventive benefits of multi- ingly proved that Japanese Americans tive health, particularly in the areas of were more than willing and able to vitamin supplementation as it relates to cardiovascular disease and immune colorectal cancer, prostate cancer, diabetes fight against an enemy of their own function. The results of the study indi- and osteoporosis. These other conditions race, and validated the truism ‘‘Ameri- cate that increased multivitamin use were not included in the cost estimation, canism is not, and never was, a matter by adults over 65 could result in an es- however, because the research currently of race or ancestry. Americanism is a timated savings to Medicare of more available in these areas did not support a di- matter of the mind and heart.’’ than $1.6 billion over a 5-year period. rect translation from health effect to re- f Research shows that a significant duced heath care utilization within a health insurance framework. MULTIVITAMIN USE number of elderly in our country do These disease states, along with a wide not receive proper amounts of essential Mr. HATCH. Mr. President, over the range of additional topics, were among the vitamins, minerals and other nutri- themes at the Multivitamins and Public last several years, a significant and ents, making them more vulnerable to Health: Exploring the Evidence meeting yes- growing body of scientific research has disease and infection. By adding a terday. The invited panel of multidisci- emerged detailing the important role multivitamin to their diets, seniors— plinary thought leaders reviewed the current micronutrients play in the prevention and all Americans—can help ensure state of the science and discussed the role of many types of chronic disease. they get the nutrients they need to multivitamins play in reducing the risk of developing chronic disease, as well as their While the science supporting optimal stay healthy. nutrition for disease prevention has role in immunity and public health. They While it is always prudent for an in- came to the following conclusions: grown, the average American’s diet has dividual to take supplements in close Most Americans do not get optimal progressively gotten worse. As we have consultation with his or her health amounts of key micronutrients through diet heard so often, a large percentage of care advisers, it is obvious from the re- alone, despite the evidence that poor nutri- Americans do not eat the right mix of search that dietary supplements con- tional status increases the risk of birth de- foods to meet the Government’s RDIs— tinue to have important health care fects, and infectious and chronic disease; Daily multivitamins should be rec- or recommended daily intakes. benefits for consumers and policy- Our top nutrition priority should be ommended to help close this nutritional gap; makers alike. Multivitamins are safe, affordable, cost-ef- getting people to eat a more varied, I ask unanimous consent that the at- fective and accessible; balanced diet. However, there is a sim- tached release outlining the Lewin There is promising evidence supporting ple and inexpensive way to help Ameri- study printed in the RECORD. multivitamin use for the prevention of some cans get many of the micronutrients There being no objection, the mate- chronic diseases such as cardiovascular dis- they need—encourage the use of a daily rial was ordered to be printed in the ease, making it prudent to recommend that all adults take a daily multivitamin. multivitamin. Multivitamins—as a RECORD, as follows: complement to a healthy diet—are a ‘‘Despite our efforts to maintain a healthy NEW STUDY FINDS INCREASED MULTIVITAMIN diet, research indicates most of us fall short simple, safe and cost-effective preven- USE BY THE ELDERLY COULD SAVE MEDI- of getting the vitamins and minerals we tive measure. CARE $1.6 BILLION need,’’ said David Heber, M.D., Ph.D., direc- Indeed, several recent studies have WASHINGTON, Oct. 2, 2003.—The results of a tor of the UCLA Center for Human Nutrition shown their efficacy. For example, in new study released today show that the daily and a co-chair of Multivitamins and Public June 2002, an article published in the use of a multivitamin by older adults could Health. ‘‘A daily multivitamin is a simple Journal of the American Medical Asso- lead to more than $1.6 billion in Medicare and cost-effective way to help ensure good ciation recommended that all Ameri- savings over the next five years. The study, health.’’ cans take a multivitamin daily to help funded by Wyeth Consumer Healthcare and ‘‘The current research indicates that conducted by The Lewin Group, was pre- multivitamins can help protect against the prevent chronic diseases such as heart sented at ‘‘Multivitamins and Public Health: cell damage that makes us vulnerable to the disease, cancer and osteoporosis. A Exploring the Evidence,’’ a meeting which development of many diseases common year late, the Journal of Nutrition pub- brought together leading experts from gov- among older adults,’’ said meeting co-chair lished the results of the Stockholm ernment agencies, top research universities Jeffrey Blumberg, Ph.D., a professor in the

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.173 S19PT2 S11620 CONGRESSIONAL RECORD — SENATE November 19, 2004 Friedman School of Nutrition Science and gun purchases. For example, when an expire, giving potential criminals and Policy at Tufts University. ‘‘Multivitamins individual wants to buy a handgun terrorists easier access to powerful are a safe and effective tool for the pro- from another private citizen who is not weapons. The 108th Congress’s record motion of health and prevention of chronic a licensed gun dealer, there is no re- on gun safety is not one of which to be disease.’’ Multivitamins and Public Health: Explor- quirement that the seller ensure the proud. I will continue to work toward ing the Evidence, a two-day meeting held Oc- purchaser is not in a prohibited cat- passing sensible gun safety legislation tober 1–2, 2003, in Washington, D.C., brought egory. This creates a loophole in the to help make our communities more together leading health and nutrition ex- law, making it easy for criminals, ter- safe. I hope that next year in the 109th perts from government agencies, top re- rorists, and other prohibited buyers to Congress, the Republican congressional search universities and health advocacy or- evade background checks and buy guns leadership and the President will begin ganizations to examine the state of the from private citizens. This loophole to work with the bipartisan majority science supporting daily multivitamin use creates a gateway to the illegal market who want to enact sensible gun safety and help chart the course for future re- search. The meeting was co-sponsored by the because criminals know they will not legislation. Gerald J. and Dorothy R. Friedman School be subject to a background check when f of Nutrition Science and Policy at Tufts Uni- purchasing from another private cit- versity and the UCLA Center for Human Nu- izen even at a gun show. WHERE TO NEXT? trition and was supported by a grant from I cosponsored an amendment offered Mr. BENNETT. Mr. President, in the Wyeth Consumer Healthcare. by Senators REED and MCCAIN which next several weeks I will be visiting The Lewin Group, a wholly owned sub- would have closed the gun show loop- Europe to meet with government and sidiary of Quintiles Transnational, is a na- hole because I believe it is a critical business leaders in London, Paris, and tionally recognized health care and human change needed to prevent guns from services consulting firm in Falls Church, Va. Brussels. I believe the United States’ The firm specializes in helping public and getting into the hands of criminals and relationship with the European Union private sector clients solve complex prob- other ineligible buyers. This amend- and the states of Europe is of supreme lems in healthcare and human services with ment would have simply applied exist- importance. America’s economic, secu- policy analysis, research and consulting. ing law governing background checks rity, political, and institutional links f to individuals buying firearms at gun with Europe are stronger and deeper shows. Like the amendment to reau- MISSED OPPORTUNITIES than with any other region of the thorize the assault weapons ban, the world. Recently, the importance of this Mr. LEVIN. Mr. President, as we near bill to which the amendment was at- relationship was explained very well in the end of the 108th Congress, I must tached was later defeated, and despite an article written by the Honorable express my disappointment that this the fact that a bipartisan majority of James Elles, who is a Member of the Congress has failed to pass sensible gun Senators voted in support of closing European Parliament. safety legislation. By ignoring these the gun show loophole, Republican I ask unanimous consent that Mr. bills we are missing opportunities to leadership has refused to schedule an- Elles’s article be printed in the increase the security of our families, other vote on the issue. RECORD. communities, and particularly our po- This Congress has also failed to con- There being no objection, the mate- lice officers. sider several other pieces of sensible rial was ordered to be printed in the The greatest of these missed opportu- gun safety legislation which would RECORD, as follows: nities has been the failure to reauthor- make it more difficult for convicted ON EU/US RELATIONS: WHERE TO NEXT? ize the 1994 Assault Weapons Ban. On criminals to gain access to firearms. September 13, 2004 this legislation ex- Once the race for the US Presidency is fi- One such bill, the Military Sniper Reg- nally over, the new President and his advi- pired, allowing 19 previously banned as- ulation Act, would change the way .50 sors will move from reflecting on the results sault weapons, as well as firearms that caliber guns are regulated by placing of a successful campaign and will look for can accept detachable magazines and them under the requirements of the the conduct of policy in the months ahead. have more than one of several specific National Firearms Act. This would What are the immediate priorities with military features, such as a folding/ subject these weapons to the same regi- which to deal on both the domestic and for- telescoping stock, protruding pistol men of registration and background eign fronts? How, for example, should eco- grip, bayonet mount, threaded muzzle checks as those weapons regulated nomic growth best be fostered? How are pri- or flash suppressor, barrel shroud or orities to be handled in far away places such under the National Firearms Act. as Iraq, Afghanistan and Palestine? What is grenade launcher to be legally sold These powerful weapons can accurately to be the real objective of the four-year man- again. Common sense tells us that hit targets a mile away and tighter date by which he would like to be judged as there is no reason for civilians to have regulation is needed to prevent them being a truly successful President? easy access to guns with these fea- from falling into the wrong hands. As these questions are being mulled over tures. Another bill not considered in the between now and the Inaugural address early Earlier this year, I joined with the 108th Congress, the National Instant next year, he might reflect that thinking is majority of my Senate colleagues in Criminal Background Check Improve- taking place across the other side of the At- passing an amendment to reauthorize ment Act, would have provided funding lantic on many of the same issues. Although the assault weapons ban for another 10 the incoming Commission President has not to fix the hole in the current NICS yet got the approval of the European Par- years. However, the bill to which it was background check system caused by liament for his new team, he will be also attached was later derailed. Despite the failure of many states to comput- considering how to answer a similar set of the overwhelming support of the law erize and update their criminal history questions. enforcement community, the ongoing records. This failure can result in How similar are the policy challenges for threat of terrorism, bipartisan support delays for some who lawfully seek to the incoming EU and US administrations? Is in the Senate, and the pleas of Ameri- purchase a gun as well as an inability it correct that Europe is swamped, as many cans who have already lost loved ones to block gun sales to some unlawful would have us believe, by a huge anti-Amer- to assault weapons tragedies, the ban ican wave generated by hostility to the Iraq purchasers. To fix this problem, States War? Or is there an extensive common agen- was allowed to expire, as the President need adequate funding to input and up- da which could be drawn up in the next few and the Republican congressional lead- date criminal history data. This bill weeks and serve as a basis for joint action ership were unwilling to act. would have authorized $1 billion to over the period 2005–2008? We also missed the opportunity to help states do just that. Certainly, there is no shortage of potential close the gun show loophole. Under Unfortunately, the 108th Congress flash points in external policy which the pes- current law, when an individual buys a has retreated from the goal of creating simists can draw attention to and which are handgun from a licensed dealer, there a safer nation by keeping dangerous already on the transatlantic agenda. The war are Federal requirements for a back- guns off of our streets. Instead of against terrorism will certainly be at the top of the US agenda, in its continued search for ground check to insure that the pur- strengthening laws that would help ensuring domestic security. chaser is not prohibited by law from prevent future gun crimes and terrorist In this context, the run-up to elections in purchasing or possessing a firearm. attacks, Congress has allowed legisla- IRAQ will require steel nerves. So will their However, this is not the case for all tion like the assault weapons ban to aftermath, in particular, determining what

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.090 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11621 role European Governments will wish to play transatlantic leaders take a fresh look at consumed with completing lingering in a military and financial capacity. Hot on how to bring the EU and the US together be- business, be it, appropriations bills or the heels of this dilemma will be the ques- fore getting sucked into the daily grind of debt extension. In contrast, I rise tion of IRAN. How will the new US adminis- politics? today to ask my colleagues to cast tration wish to address this issue? Will it be Perhaps the best advice for the incoming happy to let the Europeans take the lead or Commission President would be to pay a their eyes forward to a new matter will it wish to take a more active approach short informal visit in early January to that we must focus on when Congress as some suggest should be done? Washington. This should be not just to com- reconvenes in January—the reauthor- Linked to both these questions is the over- pare notes but also to put forward a joint ization of the Violence Against Women all pursuit of peace in the MIDDLE EAST. plan which will allow Europeans and Ameri- Act. As most know, I consider the Vio- What has become of the initiative to bring cans to work as closely as possible in the in- lence Against Women Act the single European and American involvement to- terests of their peoples in the years ahead. gether to make progress in the Broader Mid- most important legislation I’ve cham- dle East? Should for example the roadmap be f pioned during my 30-year tenure in the resuscitated? H.R. 5365 Senate. I care deeply about this law, Last but not least is the question of ECO- and take seriously my responsibility to NOMIC ASSISTANCE to both Afghanistan Mr. GRAHAM of Florida. Mr. Presi- ensure it is funded and renewed. and Africa (a potential priority for the G8 dent, I urge my colleagues to support After more than 5 years of hearings, next year). How should this best be coordi- H.R. 5365, a bill that will ensure the and legislative drafts and redrafts, in nated by the two major global donors—the continuation of YMCA pension plan September 1994, the Congress passed EU and the US—who contribute about 80% of that has provided participants retire- the world’s assistance programmes? and President Clinton signed into law This is all enough to cause indigestion. ment security for more than 80 years. the Violence Against Women Act. The Certainly more questions are posed than an- The Senate passed a bill, S. 2589, that Violence Against Women Act created swers are available. Even if cooperation is Senator BUNNING and I worked to move new Federal criminal laws addressing seen to be highly desirable, with the aim of earlier this year. The House of Rep- domestic violence and rape, and estab- moving from a transatlantic community of resentatives has now sent over a bill lished discretionary grant programs values to a community of action, how can it introduced by Representatives ENGLISH be done? within the Department of Justice and and POMEROY that closely follows the The best chance available to the incoming the Department of Health and Human administrations is, as they say, not to start intent of the Senate bill. I am pleased Services for State, local, and Indian from here. These problems have been around that this effort has been a bipartisan tribal governments and non-profit serv- for many months and will be around for one in both bodies of Congress. I hope ice organizations. The Violence many more. this legislation will be enacted prompt- Against Women Act of 2000 renewed A recently released document published by ly. these programs, made targeted im- the Transatlantic Policy Network (TPN) I also thank Finance Committee lays the groundwork for a potentially suc- provements to certain provisions and Chairman GRASSLEY and Ranking cessful approach to deepening joint coopera- introduced new initiatives. tion between the EU and the US. Member BAUCUS for their assistance in Since the bill was enacted, we’ve wit- At the outset, it recommends a strategy bringing this bill to the floor today. nessed an incredible transformation in which articulates a common purpose, build- The YMCA pension plan is an excellent State and Federal criminal and civil ing on strengths and reinforcing linkages example of how retirement security law enforcement, communities’ victim while accommodating differences. This is can be provided through employer- services, and societal attitudes towards based on the recognition of growing linkage sponsored plans. domestic violence and sexual assault. between the partners’ economic, defence and This is a bill about protecting the re- security, and political interests. In 2004 alone, Congress spent $520 mil- In short, should strengthened partnership tirement security for thousands of lion for Violence Against Women pro- be a shared goal, if so a bold new agenda for YMCA employees and retirees. There grams. Over the past decade, nearly economic collaboration needs to be linked are 27 YMCA’s in Florida, over 977,843 $3.8 billion has been appropriated to with a commitment to enhanced joint action members and over 4,400 plan partici- make women’s homes and communities on the highest shared political priorities. pants and retirees. The retirement se- safer. What does this mean? Avoid well known curity provided by the YMCA pension areas of dispute such as a free trade area We’ve made extraordinary progress (FTA) and focus instead on what already ex- plan is critical to these people and in ending violence against women and ists to a large degree—the transatlantic mar- their families, as well as over 80,000 its devastating impact on families. ket. The TPN document recommends deep- plan participants across the country. With the passage of the Violence ening and broadening the transatlantic mar- This country could learn much from Against Women Act we started talking ket, with a view to its completion by 2015. the retirement security provided by about that dirty little secret that no An accelerated 2010 target date should be the YMCA pension plan. As I have stat- one wanted to say out loud. A rape vic- set for financial services and capital mar- ed, the YMCA pension plan is a very kets; civil aviation; the digital economy; tim or battered wife can now turn to a competition policy and regulatory coopera- significant part of each YMCA employ- trained police officer, an emergency tion. ee’s compensation package, most of room nurse, or a 1–800 Hotline oper- Furthermore, there should also be provi- who are modestly paid. The YMCA pen- ator. We transformed private ‘‘family sion for a broad security partnership be- sion plan exemplifies how our Nation matters’’ into public crimes with true tween the EU and the US, together with a should think about providing solid, accountability and meaningful victim mutually reinforcing interface between the substantial retirement security. services. EU and NATO. I also want to extend my thanks to Last, but not least, there should be put in The Violence Against Women Act is place, by 2007, an enhanced basis for coopera- the Treasury Department and IRS, for working. Since its enactment, domes- tion between the two partners—a trans- their patience while the Congress tic violence has dropped by almost 50 atlantic partnership agreement—building on worked through finding a solution to percent. Incidents of rape are down by the 1995 New Transatlantic Agenda and re- ensure the YMCA pension plan could 60 percent. The number of women flecting the strategy proposed. continue to offer the benefits to its killed by an abusive husband or boy- Is this approach realistic and practical? participants and retirees. friend is down by 22 percent. More than Maybe surprisingly, the broad outlines of In closing, I encourage all of my col- half of all rape victims are stepping this approach have already been approved by the European Parliament in May 2004. leagues in the Senate to support this forward to report the crime. Over a The economic option has the great advan- bill, and I am pleased that we are mov- million women have found justice in tage that most of the elements are already ing forward with this legislation today our courtrooms and obtained domestic in place: the administrations are jointly con- and look forward to its enactment violence protective orders. The signs of sulting stakeholders as to how to remove the soon. success abound. remaining barriers to trade and investment. f But progress is not enough. Sadly, Given the more than quadrupling of cross in- domestic violence and sexual assault vestment over the past 10 years, the process REAUTHORIZATION OF THE persist. As more and more brave of interdependence between the EU and the VIOLENCE AGAINST WOMEN ACT US is not likely to slacken. women are stepping forward to report a The vital ingredient for the success of this Mr. BIDEN. Mr. President, much of rape or seek a restraining order against proposal is the factor of political will. Will the Senate’s attention this week was an abusive husband, more demands are

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.091 S19PT2 S11622 CONGRESSIONAL RECORD — SENATE November 19, 2004 placed on women’s shelters, state pros- In some instances, women face the atrocities at Abu Ghraib, those of us in ecutors, courtroom victim advocates, untenable choice of returning to their the Congress who strongly believe that and other resources. We cannot let the abuser or becoming homeless. Indeed, oversight and accountability are para- Violence Against Women Act become a 44 percent of the Nation’s mayors iden- mount to restoring America’s reputa- victim of its own success. Instead, it tified domestic violence as a primary tion as a human rights leader remain must be soundly and quickly reauthor- cause of homelessness. In response, ef- stymied in our efforts to learn the ized next year. forts to ease the housing problems for truth about how this administration’s Despite best efforts, a complete bill battered women are contained in my policies trickled down from offices in reauthorizing the Act is not yet ready draft bill. Washington to cellblocks in Abu for introduction today. However, a Doctors and nurses, like police offi- Ghraib. draft is near completion. I am listening cers on the beat, are often the first wit- The Bush administration circled the closely to those on the front lines—po- nesses of the devastating aftermath of wagons long ago and has continually lice, trial judges, emergency room abuse. As first responders, they must maintained that the abuses were the nurses and many others—and making be fully engaged in the effort to end work of ‘‘a few bad apples.’’ I have long targeted improvements to existing the violence and have the tools they said that somewhere in the upper grant programs and tightening up need to faithfully screen, treat and reaches of the Executive branch a proc- criminal laws. We are learning about study family violence. My bill would ess was set in motion that rolled for- the new challenges and the persistent strengthen the health care system’s re- ward until it produced this scandal. To problems of old. A wide variety of sponse to family violence with pro- put this matter behind us, first we need groups are working with me to put to- grams to train and educate health care to understand what happened at all gether the next iteration of the Vio- professionals on domestic and sexual levels of government. It is the responsi- lence Against Women Act, including violence, foster family violence screen- bility of the Senate to investigate the the National Coalition Against Domes- ing for patients, and more studies on facts, from genesis to approval to im- tic Violence, the National Network to the health ramifications of family vio- plementation and abuse. However, this End Domestic Violence, the Family Vi- lence. Senate, and in particular the Judiciary olence and Prevention Fund, the Penn- Leaving a violent partner often re- Committee, continues to fall short in quires battered women to achieve a sylvania Coalition Against Rape, Legal its oversight responsibilities. Momentum, the National Alliance to level of economic security. The next Several of the investigations into End Sexual Violence, the American Bar iteration of the Violence Against U.S. detention policies are now com- Association’s Commission on Domestic Women Act should seek to help abused plete. They provide additional insight Violence, the National Association of women maintain secure employment, into how the prison abuses occurred, Attorneys General, the National Cen- insurance coverage, and child support but their narrow mandates prevented ter for Victims of Crime, National Dis- resources. them from addressing critical issues. trict Attorneys Association, the Na- In addition, my bill would improve Overall, these investigations collec- tional Council on Family and Juvenile and expand the immigration protec- tively suffered from a lack of scope and Court Judges, the National Association tions for battered women. I am very authority, leaving key inquiries into of Chiefs of Police, the National Sher- appreciative of Senator KENNEDY’s iffs’ Association and the American leadership and expertise on this issue. issues like contractor abuses and Medical Association. In addition, it would ensure that vic- ‘‘ghost detainees’’ unexplored. Ultimately, what emerges from the The Violence Against Women Act of tims of trafficking are supported with reports is a striking contradiction. The 2005 that I intend to introduce at the measures such as permitting their fam- reports state that there was no official commencement of the next Congres- ilies to join them in certain cir- policy of abuse and they do not rec- sional session is a comprehensive and cumstances, expanding the duration of ommend punishment for high-ranking ambitious bill that will move our coun- a T-visa, and providing resources to try forward in our fight to end family victims who assist in investigations or officials. And yet, the reports show violence. The reauthorization will in- prosecutions of trafficking cases that decisions made by top officials, in- clude at least nine titles. Major compo- brought by State or Federal authori- cluding the President himself, led to nents of title I on the courts and crime ties. Finally, my bill will focus more the abuses that occurred in the fields include provisions to: 1. renew existing closely on violence against Indian of battle. Recently, a Federal judge, recog- foundational programs for law enforce- women and suggest ways to better co- nizing the importance of government ment, lawyers, judges and advocates; 2. ordinate services to Indian women. stiffen existing criminal penalties for I am pleased to be working on such a accountability, ordered the Bush ad- repeat federal domestic violence of- thorough effort to renew the Violence ministration to comply with a Free- fenders; 3. appropriately update the Against Women Act. I believe this bill dom of Information Act—FOIA—re- stalking criminal law to incorporate raises important issues, and pushes quest and release all documents related new surveillance technology like Glob- local and federal policymakers to ask to the detentions at Abu Ghraib prison. al Positioning Systems (GPS); and 4. what more should be done for battered Many of the documents released by the ensure that offender re-entry programs women and their children. In the com- Administration are heavily redacted, develop procedures and resources for ing weeks, I look forward to working yet reveal enough information to raise prisoners with a history of family vio- with my colleagues on both sides of the serious concerns. lence. Title II on victim services aisle to craft a compromise measure. One of the released documents, an would, among other items: 1. create a Senator HATCH and the Judiciary Com- FBI report dated May 19, 2004, illus- new dedicated program for rape crisis mittee’s new Chairman, Senator SPEC- trates a troubling pattern in this scan- centers; 2. reinvigorate programs to TER and Ranking Member Senator dal. The redacted version of this docu- help older and disabled victims of do- LEAHY, have long supported the Vio- ment states that FBI employees at Abu mestic violence; and 3. strengthen ex- lence Against Women Act and I am Ghraib reported witnessing incidents isting programs for rural victims and confident that we will work together to such as ‘‘military personnel retraining victims in underserved areas. create an effective reauthorization bill. a detainee who was ‘spread eagle’ on a I am particularly heartened by new I also appreciate the efforts in the mattress on the floor yelling and flail- titles that deal with children and teen- House of Representatives including ing . . . a detainee, either naked or agers. Reports indicate that from three those of a long-standing champion of wearing boxer shorts, lying prone on to ten million children are experi- the Violence Against Women, Rep- the wet floor . . . [and] detainees who encing domestic violence in their resentative CONYERS. were ordered to strip and then placed in isolation with no clothes.’’ These homes each year. Treating children f who witness domestic violence, dealing practices potentially violate the Gene- quickly with violent teenage relation- ACCOUNTABILITY FOR THE ABUSE va Conventions and clearly violate the ships and teaching prevention to chil- OF FOREIGN DETAINEES FBI’s own interrogation rules, yet the dren and teenagers are keys to ending Mr. LEAHY. Mr. President, nearly 7 agents did not believe they ‘‘rose to the the violence. months after the world learned of the level of misconduct or mistreatment.’’

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.095 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11623 On May 20, 2004, I asked Director partment of Justice released a small ior Army official said the Church report Mueller at a Judiciary Committee number of documents last summer, but should be complete by mid-September and hearing whether any of his agents had that self-serving subset of the memo- the Formica report ‘‘should be out soon.’’ As of October 29, 2004, neither investigation has encountered objectionable practices in- randa offered a mere glimpse into the been released. In addition, Lt. Gen. David W. volving the treatment of prisoners in genesis of the scandal. All of those doc- Barno stated in a Pentagon briefing on Octo- Iraq, Afghanistan or Guantanamo Bay. uments should have been provided ear- ber 19, 2004, that the report by Brigadier Gen- He limited his answer to Abu Ghraib, lier to Congress, and still much more eral Charles Jacoby is complete, but it has stating that none of his agents had wit- remains hidden away from public view. not been released. nessed abuses in that facility. I wrote Judge Gonzales’s role in formulating The delay in the completion and public re- to Director Mueller on October 29, 2004, the administration’s policies on the de- lease of these investigations raises two sig- nificant concerns. The first is whether the asking him to clarify the discrepancy tention and treatment of prisoners in investigations were extended due to the dis- between his congressional testimony U.S. custody overseas is an issue of sig- covery of abuses that previous investigations and the information contained in the nificant concern. His January 25, 2002, failed to uncover, or the discovery of abuses FBI memo. I also requested unredacted memo to the President argues for a that may have occurred since this scandal versions of all of the FBI documents re- radical shift in our longstanding policy was revealed in April. I recently received a leased in response to the FOIA request. to apply the Geneva Conventions to copy of a letter submitted to Vice Admiral I have not received a response. foreign prisoners. He later defended Church suggesting that abuses by soldiers I remain concerned about reports of this memo, stating that it only applied and/or contractors continued even after the abuses at Abu Ghraib were reported by the prisoner abuses that have occurred to al Qaeda and Taliban. As he stated press in late April. That letter is attached. since the Abu Ghraib scandal was pub- in a June 22, 2004, news conference, ‘‘in My second concern is whether the release of licly disclosed. Attorneys working on Iraq, it has always been U.S. position the reports is being delayed for political rea- behalf of a group of abused prisoners that Geneva applies . . . [B]oth the sons. I would like to believe this is unlikely, sent letters to members of the Senate White House and Department of De- but previous experience suggests otherwise. Armed Services Committee on Sep- fense have been very public and clear The Schlesinger and Fay-Jones reports were tember 8, 2004, and to Vice Admiral Al- about that.’’ released in the middle of a month-long con- gressional recess, the Army Inspector Gen- bert Church on October 13, 2004, noti- Unfortunately, we have to ask Judge eral’s report received little attention be- fying them that torture may have con- Gonzales if the Geneva Conventions are cause it was released on the same day as the tinued after the Abu Ghraib abuses actually being applied in Iraq. An Octo- 9–11 Commission Report. Without any addi- were uncovered. I sent a letter to Sec- ber 24, 2004, story in The Washington tional information, I am forced to wonder retary Rumsfeld on October 29, 2004, Post reveals yet another Justice De- whether the remaining reports are being asking him for assurances that the partment memo that relied upon ques- withheld until a politically expedient time. abuse of detainees has not continued tionable legal reasoning in order to au- In order to better understand the current status of the ongoing Pentagon investiga- and that all interrogation techniques thorize actions that potentially vio- tions, I ask that you provide the requested now being used in U.S. detention facili- lated the Geneva Conventions. The information and respond to the following ties comply with international treaty draft memo, dated March 19, 2004, was questions by November 15, 2004. I have not obligations and U.S. laws. Again, I written at the request of Judge received a response to the letter I sent you have not received a response. I hope Gonzales, apparently in order to au- on October 1, 2004. 1 remain concerned about that we do not learn of continuing thorize the CIA to transfer detainees the issues raised in that letter, which still awaits your reply. abuses, yet given all that we have seen out of Iraq for interrogation—a prac- 1. Please provide the current status and ex- and all that we have yet to learn, I am tice expressly prohibited by the Geneva pected completion and release dates for all still not confident that the problems Conventions. I look forward to dis- ongoing investigations into the abuse of de- have been solved. I ask unanimous con- cussing these memoranda, as well as tainees. sent to have printed in the RECORD other policy decisions, in more detail 2. Please explain why the investigations these three letters. with Judge Gonzales as we consider his conducted by Vice Admiral Church, Briga- The PRESIDING OFFICER. Without nomination. dier General Jacoby, and Brigadier General Formica are delayed beyond their expected objection, it is so ordered. With the consideration of this nomi- completion and release dates. (See Exhibit 1.) nation, the Judiciary Committee has 3. Has any ongoing investigation discov- Mr. LEAHY. Allowing senior officials the opportunity to redeem itself. In my ered incidents of abuse that were not pre- to avoid accountability sets a dan- conversations with Judge Gonzales ear- viously reported by the completed investiga- gerous precedent. It is time for Con- lier this week, I have expressed to him tions? gress, even this Republican led Con- the need for our questions to be an- 4. Has any ongoing or completed investiga- gress, to do its job and take action. We tion discovered incidents of abuse that have swered. I believe that other members of occurred since the Abu Ghraib prison abuse must send a message that no one in the the committee, on both sides of the scandal was reported by the press on April chain of command—from an enlisted aisle, are troubled by certain Adminis- 28, 2004? private stationed in Iraq to the com- tration policies and are disturbed by 5. Can you assure me that all interrogation mander-in-chief—is above the laws of the evidence of prisoner abuse. I hope techniques now being used in U.S. detention our Nation. that the Committee will fulfill its facilities comply with international treaty Soon, the Senate will consider the oversight responsibility now. obligations and U.S. laws? nomination of Alberto Gonzales for the As stated above, I request that you answer U.S. SENATE, these questions by November 15, 2004. Thank position of Attorney General. The Ju- Washington, DC, October 29, 2004. you for your prompt attention to this mat- diciary Committee, which has jurisdic- Hon. DONALD RUMSFELD, ter. tion over the Department of Justice, Secretary of Defense, Sincerely, will consider this nomination first. As Washington, DC. PATRICK LEAHY, I have said many times, and as I deeply DEAR SECRETARY RUMSFELD: As you know, U.S. Senator. regret, the Committee has all but abdi- I have closely monitored the numerous ongo- cated its oversight role with regard to ing and completed prisoner abuse investiga- SEPTEMBER 8, 2004. tions instigated by the Pentagon, but remain Senator JOHN WARNER, the issue of foreign detainee abuse. skeptical that these investigations will un- Chair, U.S. Senate Armed Services Committee, Last June, on a party-line vote, Repub- cover the full truth. Each of these probes is Russell Senate Office Building, Washington, licans defeated an effort to obtain doc- limited in scope or authority and, therefore, DC. uments regarding the development of none will comprehensively investigate the Senator CARL LEVIN, interrogation policies that we believed abuse of detainees. Ranking Member, U.S. Senate Armed Services to be in the possession of the Depart- I am particularly concerned about the sta- Committee, Russell Senate Office Building, ment of Justice. tus of the ongoing Pentagon investigations. Washington, DC. Some of us had also asked Judge In a Defense Department press briefing on DEAR SENATORS WARNER, LEVIN, AND MEM- August 25, 2004, General Paul J. Kern said BERS OF THE COMMITTEE: On behalf of the Gonzales, in his role as White House the release of Admiral Albert T. Church’s re- hundreds of thousands of people in Iraq, counsel, to release documents that we port was expected by September 20, and thank you very much for holding these hear- believed relevant to our investigations. would ‘‘fill the gaps and seams.’’ That same ings on the torture and abuse of prisoners in It is true that the White House and De- day, in a separate Pentagon briefing, a sen- Iraq. It is a great public service.

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.131 S19PT2 S11624 CONGRESSIONAL RECORD — SENATE November 19, 2004 We represent the class of persons tortured We look forward to hearing from you or VETERANS DAY, 2004 in Iraq in a civil lawsuit brought against the your staff. Mr. GRAHAM of Florida. Mr. Presi- two government contractors who partici- Sincerely, pated in the torture, CACI International, SUSAN L. BURKE. dent, it is vital that we pause to re- Inc. and Titan Corporation. member Veterans Day, which was ob- served by this Nation last week. While We have learned from direct interviews f conducted in Iraq in August 2004 that the our brave troops are protecting our torture CONTINUES despite the publicity freedom around the world, it is espe- surrounding the revelations of the Abu UNIVERSITY OF SOUTH DAKOTA cially important that we honor those Ghraib torture. We are enclosing for your in- SCHOOL OF NURSING DES- who have served before them. We owe formation a detailed summary of facts relat- IGNATED AS A NATIONAL our 25 million living veterans our ing to the recent torture. As you will see LEAGUE FOR NURSING CENTERS heartfelt appreciation for answering from reviewing the summary, it is clear that OF EXCELLENCE PROGRAM torture HAS and IS transpiring at multiple, the call to duty and serving this Na- previously undisclosed, locations in addition ∑ Mr. JOHNSON. Mr. President, I ac- tion in the United States Armed to Abu Ghraib. knowledge a recent accomplishment in Forces. And, this Nation must never We respectfully request that you place this my home State of South Dakota. I am forget the ultimate sacrifice paid by so letter and attachment into the hearing pleased to share with this body that many of our soldiers, sailors, airmen record. the University of South Dakota, De- and marines. We also respectfully request that the in- Today, as it should be, military serv- vestigation into the detainee abuses con- partment of Nursing has recently been awarded the prestigious honor of being ice is being held in high regard. The on- tinue and be expanded to include locations going events in Afghanistan and Iraq other than Abu Ghraib. We ask that you hold designated as one of three National additional hearings and permit us or our cli- League for Nursing, Centers for Excel- have renewed America’s sense of grati- ents, the victims, to testify about what has lence in the United States for 2004–2007. tude toward the men and women of the Armed Forces for the great sacrifices and is transpiring. We suggest that those The National League for Nursing, they make everyday on behalf of our hearings include questioning of representa- Centers of Excellence is designed to tives from CACI International, Inc. and Nation. I personally want to thank all distinguish those schools that dem- Titan Corporation, the two corporations of our veterans and members of the onstrate innovation in nursing re- shown by the military’s investigation to be Armed Forces for their selfless service search and education. The award re- complicit in the torture. to this country. Please do not hesitate to contact either of quires that beneficiaries be committed As we observe Veterans Day, let us us if you have any questions about the inci- to continuous quality improvement in remember that we owe our veterans dents described in the attachment. their programs. Being acknowledged by SUSAN L. BURKE, our honor and respect year around. It the National League in this regard in- would be truly shameful if veterans felt Montgomery, dicates a firm commitment by the McCracken, Walker forgotten except for this one day per & Rhoads, LLC. school as a whole to pursue and sustain year. There must be no wavering in our SHEREEF H. AKEEL, excellence in student learning, faculty commitment toward those who served Melamed, Dailey & development, and nursing education re- in the United States Armed Forces. Akeel, P.C. search. I am pleased that the USD De- I am proud to represent the State of partment of Nursing has earned such a Florida. Florida has one of the highest MONTGOMERY, MCCRACKEN, high honor, which is clearly the result veteran populations in the country. I WALKER & RHOADS, LLP, of the hard work and dedication of the am fortunate to represent not only the Philadelphia, PA, October 13, 2004. faculty, staff, and students. Re Incidents of Torture and Abuse. almost 2 million veterans of Florida, The associate degree nursing pro- but veterans all over this Nation. It VICE ADMIRAL ALBERT T. CHURCH, III, gram at the University of South Da- Naval Inspector General, Office of the Naval In- has been my sincere pleasure and honor spector General, Washington DC. kota is a State-funded program that is to serve as ranking member of the DEAR ADMIRAL CHURCH: We are part of the available at the main campus in Committee on Veterans’ Affairs for legal team prosecuting a class action seek- Vermillion, SD and campuses in Sioux these past 2 years, and it is my hope ing to hold government contractors CACI Falls, Rapid City, Pierre and Water- that my term on the Committee has and Titan Corporation accountable for their town. In addition, the program has a benefited those men and women who role in the Iraqi prison scandal. As part of distance education partnership with have sacrificed and served on behalf of that effort, we have been interviewing de- the Good Samaritan Society in Ne- this grateful Nation. tainees who have been tortured or abused. braska, Kansas, Iowa, Minnesota, We have learned of many instances of tor- Throughout my tenure on this com- ture by Americans (both military and civil- North Dakota and South Dakota. mittee, I have fought very hard for im- ian) that do not appear to be the subject of There are over 525 students enrolled in provements in benefits and services to any ongoing military investigation. the nursing program, and 400 of those veterans. I constantly think of Abra- We are attaching for your information a students are in communities away ham Lincoln’s pledge, ‘‘to care for him report that summarizes eleven such inci- from the main campus in Vermillion. who shall have borne the battle and for dents. We would very much appreciate learn- Such out of state partnerships coin- his widow and his orphans.’’ It is espe- ing when investigations have been com- cides with the NLN mission to contin- cially fitting that in the shadow of menced with respect to the incidents de- ually advance quality nursing edu- scribed in the attached report. We also have Veterans Day comes the passage of im- additional incidents to report to whomever cation throughout the three years the portant veterans health and benefits you designate as the appropriate person to school carry the NLN Center of Excel- legislation by both Chambers of Con- receive the information. lence designation. gress. We must continue to advance Based on the information we have learned, I am pleased with the USD Nursing benefits and health care for our Na- it is clear that Abu Ghraib prison was not School’s excellent work in training and tion’s bravest individuals and their the only prison where detainees have been mentoring future health care pro- families. This recently passed legisla- and are being tortured. It is also clear that viders. Nurses are an essential compo- tion will improve and expand a host of the publicity surrounding the Abu Ghraub photographs did not prevent torture from nent of the health care team and the veterans benefits, including: survivors continuing to occur. work of the school will ensure that in benefits for spouses with dependent As I trust you know and as explained in the years to come South Dakota will children; housing benefits; and edu- the enclosed affidavits signed by two experi- have access to these important health cational benefits for Guard and Reserve enced military interrogators, using torture professionals. I look forward to the members, veterans, and spouses of vet- during interrogation harms not only the vic- progress and outcomes that will result erans killed on active duty. I am proud tims but also places American troops in from this 3-year designation, and once of this legislation and hope that future grave danger. We are very concerned that again commend the hard work of the Congresses continue to provide vet- not enough action has been taken to halt past practices. Given that the conduct at faculty, staff, and student body who erans with a wide array of necessary issue clearly violates the Geneva Conven- continuously strive towards improving benefits and services and strive to meet tions and United States law, we find the in- the health and well being of their com- their evolving needs. Our veterans de- sufficient oversight troubling. munities.∑ serve no less.

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.104 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11625 On Veterans Day, and everyday, we lakes and streams become more acidic opportunities will not materialize should honor those who have worn the and polluted, the attraction for anglers without vigorous insistence that China uniforms of our Nation. They are the will decline. abide by its commitments. It is critical best of the best. Climate changes will also affect the that the U.S Treasury Department f heart of Vermont’s working land- have an on-the-ground presence in scape—the thousands of family-run China. NEW WAKE UP CALLS ON GLOBAL farms, maple sugar operations and I look forward to working with my WARMING small woodlots. Milder winter tempera- colleagues and the Department of Mr. LEAHY. Mr. President, over the tures will bring more exotic pests that Treasury to establish financial attache´ last few weeks, we have all gotten a threaten our forests, worse air quality positions in Brussels, London and loud wake up call about the changes will degrade our soils, and more severe Shanghai and to expand opportunities taking place around the world due to weather—such as flooding and ice for U.S. firms. global warming. Unfortunately, the storms—will damage farms and forests. f Bush administration is still turning a The maple sugar industry supports a deaf ear to these alarms. $100 million annual economy in our PRIVATIZATION OF AVIATION It baffles me that anyone can still de- state and 4000 seasonal jobs. If climate SECURITY SCREENERS ride or ignore the signs of global warm- models play out, this industry could be Mr. AKAKA. Mr. President, today the ing. It’s even more astonishing that wiped out as sugar maples recede from Transportation Security Administra- some people are even touting the bene- all U.S. regions but the northern tip of tion, TSA, will begin receiving applica- fits of global warming. Better access to Maine by 2100. tions from U.S. airports that wish to oil and gas resources does not make up But even before that, sugarmakers participate in the Screener Partnership for flooded coastlines and the loss of are going to see their operations af- Program. This program will allow air- entire species. fected by warming. As every ports to hire security screeners em- Yet the administration is still bury- Vermonter knows, you need cold nights ployed by private-sector companies to ing its head and hiding behind claims and warm days to get the sap to run. provide baggage and passenger security of insufficient research. Despite the Climate changes have already short- screening at their facilities for the overwhelming scientific evidence put ened the tapping season by almost a first time since September 11, 2001. forward in two reports released by the month. In the aftermath of the attacks of 9/ Arctic Council and the Pew Center, the Although the changes predicted for 11, security screening at U.S. airports President is still running away from New England are still several years— was federalized because commercial his original campaign pledge to cut and, I dearly, dearly hope, decades airplanes were turned into guided mis- greenhouse gas emissions. away—we must act now if we are to siles. Those attacks demonstrated that In fact, the administration’s top cli- prevent them. the then current airport security sys- mate official reacted to these two new I applaud the actions taken by New tem was not working. Less than two assessments of global warming by say- England states to control greenhouse weeks later, the Government Account- ing caps on greenhouse gases would not emissions, but our states cannot do it ability Office, GAO, testified before the happen during this administration. Pe- alone. We are all in this together. The Senate Commerce Committee that riod. Bush administration must act. Con- screeners were deficient at detecting These two reports clearly show that gress must act. threatening objects and were not given we cannot wait any longer. We cannot I hope that the two recent reports sufficient training by employers and spend another four years hiding from from the Arctic Council and the Pew access controls to secure areas in air- the truth and delaying solutions. Ac- Center will prompt the White House ports were weak. cording to the Arctic Council report, and the Congress to recognize the re- The congressional conferees of the temperatures have risen by up to 7 de- sponsibility we all have to future gen- Aviation and Transportation Security grees in the last 50 years and the snow erations as well as to our own genera- Act, ATSA, also concluded that ‘‘a fun- cover has declined 10 percent over the tion to start now. damental change (is required) in the last 30 years. Passage of the Climate Stewardship way (the U.S.) approaches the task of These changes not only have a dra- Act is a first step, and it is one that I ensuring the safety and security of the matic effect on Arctic communities, hope we can take next year. civil air transportation system.’’ but they also threaten the economy Mr. DORGAN. Mr. President, one It is the responsibility of the admin- and environment of the rest of the area in which the Department of the istration and the Congress to ensure world. Treasury should increase their activi- that aviation security does not fall In my corner of the globe, climate ties is in supporting U.S. financial back to the pre-9/11 status quo. Con- models predict that New England’s service firms in opening up markets for gress understood the need to evaluate temperatures could rise by ten degrees our products in other countries. In how well a federalized workforce would over the next century. some of the most important financial compare to a privately employed work- In its practical effects on us and on markets in the world the Department force prior to allowing privatization our daily lives, that is even greater of the Treasury does not have per- which is why the ATSA included a 3- than it sounds. That is greater than sonnel whose principal responsibility is year screener pilot program involving any climate change experienced in our to assist American financial service five U.S. airports. region in the last 10,000 years. In New firms expand their presence in those Despite this pilot program, the De- England, our economy and environ- markets. The Department should es- partment of Homeland Security Inspec- ment are directly linked. Tourism is tablish Financial Attaches in the fol- tor General testified at a House Trans- one of the top economic drivers in lowing important capital markets: portation and Infrastructure Com- Vermont. Global warming threatens Brussels: The expected pace of mittee hearing on April 22, 2004, that the revenues generated by the leaf- change in the EU financial markets in there was not sufficient basis to deter- peepers who visit our communities in the next few years and the complexity mine conclusively whether the pilot the fall, the skiers who arrive in the of capital markets legislation now in airport screeners performed at a level winter, and the anglers and boaters formation justifies a focused U.S. pres- equal to or greater than that of the who come in the summer. ence at the center of the newly ex- federal screeners. GAO, also testifying Climate models predict that New panded EU. at the hearing, said, ‘‘Little perform- England forests will become populated London: London’s capital markets ance data is currently available to mostly by oak and hickory. We will play a critical role in the global econ- compare the performance of private lose the brilliant red, orange and yel- omy and foreign exchange markets. screeners and federal screeners in de- lows of maple and birch trees. Shanghai: The rapidly growing Chi- tecting threat objects.’’ Before the Na- Ski areas will have shorter seasons nese economy might present signifi- tion’s airports return to commercially and will have to invest much more of cant opportunities for U.S. firms, but hired and trained screening workforces, their revenues in snowmaking. As our recent experience has shown that such we must make sure there has truly

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.176 S19PT2 S11626 CONGRESSIONAL RECORD — SENATE November 19, 2004 been adequate analysis of the perform- at airports which chose to use a private decision that is made. However, it is ance of private airport screeners prior workforce give TSA screeners the right the concern of many in my State that to allowing privatization. of first refusal for jobs. It is important the proposed action will be detrimental In a November 16, 2004, press release that the substantial investment made to flight safety. I strongly urge the announcing the commencement of its by the Federal Government in the hir- FAA to reevaluate their plans to allow Screener Partnership Program, TSA ing, the training, and the deployment for the continued effectiveness of stated, ‘‘An evaluation earlier this of Federal screeners not go to waste. Flight Service Stations.∑ year concluded there was little dif- I plan to monitor very carefully how f ference in the performance or cost of this plan develops, both in terms of the the private and federal screening level of security provided to the trav- HOUSE PASSAGE OF THE INTER- forces.’’ eling public and the level of trans- NET TAX NON-DISCRIMINATION TSA is relying on a study that both parency and accountability of the con- ACT the DHS IG and GAO found to be incon- tracts. Mr. LEAHY. Mr. President, I am clusive. Given the high stakes involved f pleased that the House of Representa- in airport security, I am concerned tives passed today the Internet Tax PROPOSED CONSOLIDATION OF that the decision to begin this program Non-Discrimination, Act, S. 150, clear- FLIGHT SERVICE STATIONS is being made without sufficient data. ing this bipartisan bill for its signature In addition, I have concerns about ∑ Mr. JOHNSON. Mr. President, today into law by the President. This bipar- TSA’s ability to award and administer I express my concerns regarding Fed- tisan legislation will continue to sup- contracts with private screening com- eral Aviation Administration proposals port electronic commerce by keeping it panies based on a September 2004 DHS to consolidate and outsource the ac- free from discriminatory and multiple IG report that found TSA mismanaged tions currently executed by our Na- State and local taxes and from Internet a contract with Boeing to install Ex- tion’s Flight Service Stations. access taxes. plosive Detection Systems, EDS, and Flight Service Stations are staffed by I am proud to be a cosponsor and overpaid Boeing by approximately $49 highly trained specialists and play an strong supporter of this compromise million. According to the IG report, important role in providing pilots with legislation to extend for the next 3 contractor performance was not evalu- valuable weather briefings and enroute years the moratorium on taxes on ated for each year of the contract until communications, as well as facilitating Internet access and multiple and dis- approximately a full calendar year search and rescue services. Each air criminatory taxes on electronic com- later. Most troubling is that TSA re- traffic specialist is trained to under- merce. In addition, our bipartisan bill jected some of the IG’s key criticisms, stand the rapidly changing weather will safeguard fees for universal service and geographic patterns of their area. which makes me question the manner and 911 or E–911 services and does not Their expertise has kept flights run- in which it will manage future con- affect the emerging technology of ning smoothly and has literally saved tracts. Moreover, I believe we must Voice Over Internet Protocol, VOIP. I lives. also consider whether contractual mis- In 1997, the Federal Aviation Admin- thank Senator WYDEN, Senator ALLEN, management could lead to lapses in se- istration completed a 16-year effort to Senator MCCAIN, Representative COX, curity. Are the right standards and consolidate Flight Service Stations, re- Representative SENSENBRENNER, Rep- policies in place to ensure that private ducing their total number from 318 resentative CONYERS, and others for screeners will provide the same secu- sites to 61 sites. Since July 2002, the their leadership on this legislation. rity as federalized screeners, and is FAA has been developing studies re- The Internet has changed the way we TSA equipped to enforce them? garding the outsourcing and further do business. Today businesses can sell As the ranking member of the Finan- consolidation of 58 of the remaining 61 their goods and services all over the cial Management Subcommittee and stations, excluding the three stations world in the blink of an eye. E-com- the Armed Services Readiness Sub- in Alaska. The FAA has announced merce has created new markets, new committee, I have long worked on the that a final decision regarding the fate efficiencies and new products. challenges of Federal acquisitions. I of these 58 Flight Service Stations will The growth of electronic commerce want to make sure that DHS, which is be made before March 17, 2005, possibly is everywhere, and it has been impor- a composite of 22 legacy agencies, has as soon as January. tant to the businesses and the economy the people and tools needed to solicit I have received letters, phone calls, of my home State of Vermont. For ex- and manage the Screener Partnership e-mails, and visits from South Dako- ample, the Vermont Teddy Bear Com- Program. Just this week I contacted tans concerned about the FAA’s pro- pany, which employs more than 300 Secretary Ridge to express my concern posed actions. After the first consolida- Vermonters, sells online 60 percent of about the $49 million overrun of the tion in 1997, Flight Service Station its bears during its two busiest times Boeing EDS installation contract. That sites in Aberdeen, Rapid City, Water- of the year for Valentine’s Day and wasted money could have gone a long town, and Pierre, SD, were closed. Clo- Mother’s Day. That is 60 percent of all way towards helping Honolulu Inter- sure of the Flight Service Station in Vermont Teddy Bears sold online dur- national Airport in my home State of Huron, the last in South Dakota, would ing this busy time. Hawaii install inline EDS machines. leave pilots isolated from weather up- Hundreds of Vermont businesses are My interest is to improve the man- dates, emergency assistance, and other selling online, ranging from Al’s Snow- agement of contracts and the collec- vital notices. Weather is the leading mobile Parts Warehouse to Ben & Jer- tion of timely and accurate informa- cause of aviation accidents and the ry’s Homemade Ice Cream. These tion and to stop erroneous and im- greatest contributor to fatalities. Vermont cybersellers are of all sizes proper payments to contractors. For South Dakota cannot afford the loss of and customer bases, from Main Street that reason I was pleased to work with this crucial site. merchants to boutique entrepreneurs my good friend, Senator FITZGERALD, My concerns and the concerns of to a couple of famous ex-hippies who in passing legislation to bring the De- South Dakotans are echoed in our make great ice cream. partment of Homeland Security under State’s legislature. In February 2004, What Vermont online sellers have in the Chief Financial Officers Act, CFO. the South Dakota Legislature approved common is that Internet commerce al- The Department runs the risk of be- a concurrent resolution supporting the lows them to erase the geographic bar- coming a morass of hidden contract Flight Service Station in Huron, SD, riers that historically limited our ac- costs and poorly managed programs and encouraging efforts to preserve its cess to major markets. With the power without a strong CFO to ensure ac- functions. Additionally, our Governor of the Internet, Vermonters can sell countability and transparency. has publicly expressed his opposition to their products and services anywhere I would, however, like to commend the possible outsourcing of operations and at any time. TSA for honoring a commitment made conducted at the Flight Service Sta- Although electronic commerce is be- by Admiral Stone at his confirmation tion. ginning to blossom, it is still in its in- hearing before the Governmental Af- Flight safety is paramount and must fancy. Stability is the key to reaching fairs Committee that Federal screeners be the most important factor in any its full potential, and carving out new

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.108 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11627 tax categories for the Internet is ex- RETIREMENT OF CLARE COTTON Anyone in our nation who hopes for a actly the wrong thing to do. Mr. KENNEDY. Mr. President, I wel- better life and sees college education E-commerce should not be subject to come this opportunity to pay tribute as the means for achieving it owes new taxes that do not apply to other to the outstanding contributions made Clare Cotton a tremendous debt of commerce. Indeed, without a morato- to the Commonwealth of Massachu- gratitude. Our colleges and universities rium, there are 30,000 different jurisdic- setts by Clare Cotton, president of the and Congress alike have benefited from tions around the country that could Association of Independent Colleges his wise counsel, gentle humor, tireless levy discriminatory or multiple Inter- and Universities in Massachusetts. dedication, and skillful advocacy. I net taxes on E-commerce. Next month, Clare will retire after 17 wish him a long and happy retirement Let’s not allow the future of elec- years of impressive service and advo- with his wonderful wife Helen, their tronic commerce—with its great poten- cacy on behalf of 55 Massachusetts col- four remarkable children, and their tial to expand the markets of Main leges and universities, their students, nine grandchildren, and I salute him Street businesses—to be crushed by the and faculty. for all he has done so well for Massa- weight of discriminatory or multiple In fact, Clare’s contributions to high- chusetts and our country. taxes. er education reach far beyond our f Extending the bar on Internet access State. His dedication, knowledge, and taxes will help Vermonters end the dig- passion for education have improved INTERNET ACCESS TAX ital divide and help Vermonters com- the lives of countless students in com- MORATORIUM pete for better jobs. Earlier this year, munities across America. It is difficult Mr. ENZI. Mr. President, the Inter- the University of Vermont released a to consider any aspect of policy in net plays a critical role in today’s glob- study that found only 39 percent of higher education without thinking of al economy. It allows us to work hard- Vermonters who earn less than $20,000 Clare and calling upon his expertise. er, faster, and more efficiently. With a year have personal computers, while All of us who know him will miss him the click of a mouse, we can seal busi- 67 percent of Vermonters who earn greatly. ness deals, send birthday cards, and more than $35,000 a year own personal Clare’s leadership in higher edu- buy cars. We have come to rely on its computers. And 92 percent of cation is based on his brilliant intel- ability to connect us with people and Vermonters who do own a computer lect, his love of learning, and his sound places around the world. Today Con- are connected to the Internet. We have political instincts. In conversation, he gress cleared an important piece of leg- to close this digital divide for could call up specifics of accounting islation that will help keep the inter- Vermonters to have the skills for the regulations governing private colleges net affordable and accessible for all good-paying jobs of the 21st century. and universities, refer to under- Americans. The Internet Tax Nondiscrimination graduate enrollment trends in science Today’s passage in the House of S. Act will bar Internet access taxes and and math, and discuss the impact of Con. Res. 146, which amends S. 150, sig- multiple or discriminatory taxes on both on a pending piece of legislation. nals the end of months of long and dif- His work in 1997 as a member of the goods and services sold over the Inter- ficult negotiations. I would like to National Commission on the Cost of net to provide the stability necessary commend my colleagues, Senators Higher Education is still cited by lead- for electronic commerce to flourish, ALLEN, WYDEN, ALEXANDER, CARPER, ers of all sectors in the field. Need- and to help close the digital divide for VOINOVICH and MCCAIN for their com- based aid never had a better advocate mitment to this issue. Their hard work all Americans. than Clare, when he served first as a f has allowed us to pass a fair and rea- member and then as chairman of the sonable moratorium on internet access PERMANENT NORMAL TRADE congressionally authorized Advisory taxes. The moratorium will protect all Committee on Student Financial As- RELATIONS FOR ARMENIA Internet users, regardless of connection sistance during 2002 and 2003. Mrs. FEINSTEIN. Mr. President, I platform, while ensuring that states Whatever the issue, Clare is adept at rise today to express my support for assessing its political and economic and localities do not lose billions in tax the Miscellaneous Tariff bill, in par- cost to students and institutions, and revenue. The moratorium on internet access ticular a provision granting Permanent he has championed colleges and univer- taxes is necessary now because Normal Trade Relations to Armenia. sities and their students for nearly all Armenia is a critical U.S. ally in the broadband technology is still in its in- of his professional life. Caucus region and PNTR will signifi- His impressive contributions have fancy in many parts of the country. In cantly strengthen bilateral relations earned him distinguished status in the Wyoming, we have a number of small and spur economic growth and pros- national associations of Colleges and towns where Internet service is limited perity in Armenia. It allows Armenian Universities, and he has served in lead- to 14.4 Kbps dial-up service. At that products continued access to the U.S. ership positions in two of these organi- speed, it takes all day to download one market at low tariff rates and will go a zations. Almost no policy decision song—a song that was legally obtained, long ways towards offsetting the im- could be made without Clare’s wise of course. The only way we are going to pact of Turkish and Azeri blockades counsel and support. improve the availability of broadband that cost Armenia as much as $720 mil- Clare’s brilliant career was very services in places like rural Wyoming lion annually. much honed at the local level. From is by eliminating unnecessary and bur- Simply put, this means jobs and ris- 1977 to 1987, he was president of the densome taxation and regulation. Con- ing living standards for Armenians who Boston-Fenway Program, an urban sumers in every part of the country want to stay in their country and cre- planning group of 12 non-profit edu- want and deserve internet access. The ate a better tomorrow for their chil- cational, cultural and medical institu- internet access tax moratorium will dren. Armenians have worked so hard tions. Long before it became fashion- make sure they can afford to subscribe to overcome the horrors of the past to able, Clare helped build an educational to whatever service is available. I am build a country based on values Ameri- consortium that was able to maximize confident that as more consumers cans and Armenians both share: free- scarce financial resources and enhance spend their hard-earned money on dom, democracy, open markets, respect both the quality and depth of these Internet services, the cable companies, for human rights and the rule of law. landmark institutions in Boston. Com- telephone carriers, satellite providers We should stand behind those efforts. munity policing in Boston was born and other Internet service providers, I am proud to represent over a half through Clare’s work with the Fenway ISPs, will invest more of their money million Armenian Americans in Cali- consortium. in deploying high-speed broadband fornia. They are a strong, vibrant com- Earlier in his career, Clare had also services. munity who have enriched the culture been a writer and a journalist. He was Renewing the Internet tax morato- of our State and participated in every director of European Securities Publi- rium is important for consumers, but it aspect of its civic life. cations in London during the 1960s, and is also a major issue for states and I urge my colleagues to join me in he also served as a correspondent for local communities that rely on certain supporting PNTR for Armenia. The Wall Street Journal. tax revenue from telecommunications.

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.090 S19PT2 S11628 CONGRESSIONAL RECORD — SENATE November 19, 2004 These state and local governments HONORING DR. RICHARD AXEL Hutchinson Cancer Research Center and a professor at the University of Washington in have made the decision to tax certain ∑ Mrs. CLINTON. Mr. President, I rise services and, as a former mayor and Seattle, began their work in the late 1980s, today to honor Dr. Richard Axel, the very little was known about the sense of State legislator, I respect their ability co-recipient of the 2004 Nobel Prize for smell. to do so. However, I agree with my col- Physiology or Medicine. Dr. Axel re- In 1985, Dr. Buck came across a paper de- leagues that Internet access is a spe- ceived this prize for research that he scribing the unsolved question of how odors cial service that should be tax free. The and his co-recipient Dr. Linda Buck are detected in the nose and was imme- difficult part is trying to define what conducted on the ways in which our diately hooked by ‘‘the monumental problem ‘‘Internet access’’ actually is. We have and a wonderful puzzle.’’ brains process smells. Drs. Axel and ‘‘This paper opened up a fascinating new spent months listening to tele- Buck are pioneers in the field of sen- world for me,’’ she wrote earlier this year in communications providers, consumers, sory biology, and have contributed the journal Cell. ‘‘It was estimated that hu- and local officials define what tele- much to our knowledge of how humans mans could perceive 10,000 or more chemicals communications services are and when comprehend olfactory information. as having distinct odors. How could the ol- and where telecommunications taxes Their prize-winning research was con- factory system detect such an enormous di- should start and stop. Not surprisingly, versity of chemicals? And how could the ducted at Columbia University Medical nervous system translate this complexity of the groups have disagreed more often Center, where Dr. Axel is a University chemical structures into a multitude of dif- than not. Despite the struggle, I be- Professor of Biochemistry and Molec- ferent odor perceptions?’’ lieve we came up with a reasonable ular Biophysics and Pathology. The questions would remain unanswered compromise on the definition and the Dr. Axel grew up in Brooklyn and re- unless the receptors responsible for picking grandfather clauses, which will give ceived his earliest training at Manhat- up odorants in the air were identified. In our state and local governments the tan’s Stuyvesant High School. Because 1988, Dr. Buck, working in Dr. Axel’s lab at P&S, started tracking them down. time they need to phase out taxes im- of his interest in science, he found a Several initial attempts failed. ‘‘Linda was posed prior to the moratorium. job as a glassware washer at a Colum- an extremely creative and tenacious Fel- Now that we have passed the morato- bia medical research facility, where he low,’’ Dr. Axel says. ‘‘The solution to this rium on Internet access taxes, I am was soon promoted to a research posi- problem took quite a long time, but the anxious to refocus some of our energy tion. By the time he graduated from thoughtfulness of her approach made me think she would eventually succeed.’’ on a bill I introduced in both the 107th Columbia College, his work had al- ready been published in scientific jour- In 1991 Drs. Axel and Buck broke the field and 108th Congresses. The Streamlined open when they published a paper describing Sales and Use Tax Act would simplify nals. Dr. Axel has spent the majority of an enormous family of genes in mice that the extremely cumbersome network of his subsequent career performing neu- coded for 1,000 different receptors. The study State sales and use taxes and help roscience research at Columbia Univer- was reported in newspapers and other news States begin to recover from years of sity. media worldwide. Later work revealed about I would like to note that Dr. Axel’s 350 functional receptor genes in humans. budgetary shortfalls. The bill would ‘‘We were quite surprised that up to 5 per- authorize States that have signed the prize is the latest in a series of distin- guished scientific honors earned by cent of the genome was taken up by odor re- Streamlined Sales and Use Tax Agree- ceptors,’’ says Dr. Axel, also a member of Co- ment and have passed legislation sim- residents of New York. The 2003 Nobel lumbia’s Center for Neurobiology and Behav- plifying their tax system to require all Prize for Chemistry was awarded to Dr. ior. ‘‘That’s a sharp distinction to the three sellers to collect and remit sales taxes. Roderick MacKinnon of Rockefeller genes that the visual system uses to dis- University, and in 2000, Dr. Eric Kandel criminate several hundred different hues. It My streamlined bill, which has 20 co- of Columbia University was one of the shows that a system like the visual system sponsors this year, is a critical bill recipients of the Nobel Prize for Physi- would be inadequate to distinguish among that many of my colleagues are learn- ology or Medicine. the rich variety of odors in the environ- ing more about and recognizing its ment.’’ Next month, Dr. Axel will travel to Gerald Fischbach, M.D., executive vice growing importance as Internet usage Stockholm to accept the 2004 Nobel explodes. Two years ago the revenue president and dean, says the finding ranks Prize for Physiology or Medicine. I ask among the most important discoveries of the loss attributed to the Internet sales that all of my colleagues join me in past 50 years: ‘‘The discovery of the genes tax loophole was fairly minimal. congratulating Dr. Axel for receiving opened up a field of sensory biology that Today, the revenue loss has ballooned this tremendous honor. I look forward didn’t exist before.’’ as online and other remote sales have to learning of the future discoveries Once the receptor genes were identified, increased. The States have responded that will result from Dr. Axel’s both researchers independently moved to the more complex question of how the brain to this budget crisis by signing the groundbreaking research. Streamlined Sales and Use Tax Agree- knows what the nose smells, with the sup- I ask that an article about Dr. Axel port of the NIH and the Howard Hughes Med- ment and implementing legislation from In Vivo, the Columbia University ical Institute, where the two are investiga- that drastically simplifies their sales Medical Center campus newspaper, be tors. Their labs and others have revealed and use tax systems. In fact, 21 States printed in the RECORD following my re- that part of the answer is that each odor pro- have already signed into law the nec- marks. duces a unique spatial pattern, or map, of essary implementing legislation, while A LIFE IN SCIENCE REWARDED neuronal activity in the brain’s olfactory center. If the olfactory center was laid out 8 others are currently in the process of (By Susan Conova) doing so. like a map of the United States, it would be Discoveries made at CUMC about the sense as if the aroma from a rose would light up As the States continue to make of smell go beyond providing a description of Boston, New York, and San Francisco, while progress on reforming their sales tax what most people think is merely an aes- rotting food would light up Los Angeles and systems, I would urge Congress to thetic sense. Instead, understanding how the Denver. make progress on a bill that will pro- brain distinguishes among a bewildering The question now, Dr. Axel says, is fig- array of different odors gives scientists a vide to the states the authority they uring out how an organism uses these odor much greater understanding of how the brain maps. We can look down at the maps of ac- need to collect their own taxes. I in- works. tivity in an organism’s brain and see what tend to introduce the Streamlined ‘‘Odors generate specific behaviors and spe- it’s smelling, but how does the process actu- Sales and Use Tax Act again next year cific thoughts and how that happens is still ally work within an organism? ‘‘To know and hope to work with the Finance an unsolved and fascinating mystery in brain that the world is interested in our work will, Committee Chair and other members of science,’’ says Richard Axel, M.D., Univer- I think, intensify our efforts toward reaching sity Professor of Biochemistry and Molec- an answer,’’ Dr. Axel says.∑ the Senate to pass it into law. ular Biophysics and Pathology and recipient In the meantime, I am pleased we of the Nobel Prize in Physiology or Medicine f will have in place a moratorium that on Oct. 4. ‘‘Knowing how our perceptions of ADDITIONAL STATEMENTS recognizes the importance of the Inter- the external world, including smell, impact net and will allow it to grow and pros- our emotions and our behavior will be ex- per in the coming years. tremely important in thinking about dis- CONGRATULATING DR. RHONA eases like schizophrenia to understand how CAMPBELL FREE (At the request of Mr. DASCHLE, the the brain works.’’ following statement was ordered to be When Dr. Axel and his former postdoctoral ∑ Mr. DODD. Mr. President, today, printed in the RECORD.) researcher Linda Buck, Ph.D., of the Fred congratulate Dr. Rhona Campbell Free,

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.112 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11629 an economics professor at Eastern Con- Vermont children. After working her Following basic training and a tour necticut State University. Yesterday, way through an undergraduate and two in the National Guard, Jeremy joined Dr. Free was honored by the Council masters’ degrees at the University of the regular Army as a Bradley Vehicle for Advancement and Support of Edu- Vermont, she launched her career as an Crewman and was assigned to various cation and the Carnegie Foundation for educator. For the past 26 years, units, eventually joining his comrades the Advancement of Teaching as one of Vermont students have benefited from in 4th Battalion, 5th Air Defense Artil- four recipients of the U.S. Professors of her extraordinary leadership. She has lery Regiment, 1st Cavalry Division. the Year Award. I would like to con- served as the principal of Chamberlin From this unit’s home base in Fort gratulate Dr. Free, as well as Dr. Doug- School in South Burlington, Vermont Hood, TX, he would deploy in March las Cooper, a professor of chemical en- for the last eleven years and headed 2004 to Iraq in pursuit of those who gineering at the University of Con- the Folsom School in South Hero for 10 would threaten our way of life. necticut, the winner of the Professor of years before that. Throughout his short career, Jeremy the Year award for the State of Con- At Chamberlin, Ms. Maynard sought developed a long list of accolades and necticut. out grant money to hire the district’s experiences which testify to the dedi- This award is the only national first school social worker—helping pre- cation and devotion he held for the honor that specifically recognizes ex- vent problems at home from damaging Army, his fellow soldiers, and his coun- cellence in teaching and mentoring at students’ performance at school. She try. With tours in New Hampshire, the undergraduate level. Over 300 nomi- has reworked the school’s curriculum Korea, Texas, and Iraq, Jeremy’s exper- nees for the award were evaluated on to provide focused, cohesive instruc- tise contributed greatly to his unit’s their impact and involvement with stu- tion across grade levels. She has made successes and cemented his place as a dents, their scholarly approach to a priority of spending as much time as participant in the great endeavor teaching, their contributions to under- possible with her students, personally known as America. Jeremy was recog- graduate education, and support from tutoring them in math and never say- nized for his service by the Bronze Star their colleagues and students. ing no to those students who want to Medal, the Purple Heart Medal, the Dr. Free, who received her doctorate read a book with her or discuss losing Army Achievement Medal, the Good from the University of Notre Dame, a tooth. And she has fought to ensure Conduct Medal, the National Defense has taught economics at ECSU since that her young students have access to Service Medal, the Global War on Ter- 1983. During that time, she has distin- a nutritious breakfast at school, pro- rorism Expeditionary Medal, the Glob- guished herself among her peers viding them with the fuel they need to al War on Terrorism Service Medal, the through her commitment to her stu- successfully get through the school Korean Defense Service Medal, the dents and to teaching. She helped day. Army Service Ribbon, and the Overseas found the Connecticut Consortium for The impact of her efforts is clear. Service Ribbon. Learning and Teaching, a statewide or- Standardized test results on mathe- My condolences and prayers go out to ganization devoted to promoting excel- matics problem solving for fourth- Jeremy’s family, and I offer them my lence in teaching. She is also a member graders at her school have jumped in deepest sympathies and most heartfelt of the Connecticut Campus Compact, the last 2 years from 48 percent achiev- thanks for the service, sacrifice, and which focuses on service learning. ing the benchmark of success in 2002 to example of their soldier, SP Jeremy Dr. Free’s students know her as a 70 percent in 2004. These are impressive Regnier. Jeremy exemplified the words professor who brings ideas from dif- gains by any measure. of Daniel Webster who said, ‘‘God ferent academic fields into her class- Ms. Maynard’s leadership dem- grants liberty only to those who love room, and who creates new and innova- onstrates the importance of having it, and are always ready to guard and tive courses such as Economics of Pro- strong, dedicated principals in each of defend it.’’ Because of his efforts, the fessional Sports. She has also devoted our schools. Providing vision, direction liberty of this country is made more her time and energy to improve aca- and support to all who work under the secure.∑ demic advising and freshman orienta- schoolhouse roof ensures that our chil- f tion at ECSU. Her methods, tech- dren receive the best possible edu- niques, and enthusiasm have won cation. Together they provide our chil- TRIBUTE TO JIMMY RAY LOYLESS praise from fellow professors and stu- dren with the skills and confidence ∑ Mr. JOHNSON. Mr. President, I rise dents alike. In 2001, she was awarded needed to achieve their goals and lead today to pay tribute to Jimmy Loyless, the university’s Distinguished Faculty happy, meaningful lives. America’s fu- who has worked as a congressional fel- Award. ture depends on the efforts of excep- low in my office since January of 2004. Dr. Rhona Free is truly an inspira- tional educational leaders like Judith On behalf of my staff and the people of tion, not only to students and teachers, Maynard. I congratulate her for her South Dakota, I would like to thank but to all of us who strive to make this success and salute her for her tireless Jimmy for his hard work, his dedica- country a better place for our children dedication to the children of Vermont.∑ tion, and his considerable contribu- and grandchildren. In a demanding pro- f tions to my State and to this great Na- fession, she has gone above and beyond tion. her duties and responsibilities to truly TRIBUTE TO SPECIALIST JEREMY Jimmy chose a Presidential election make a difference in the lives of not F. REGNIER, LITTLETON, NH year to join our staff to work on bank- only her own students, but students ∑ Mr. GREGG. Mr. President, I rise ing and tax issues, and he has spent the and professors throughout the State of today to remember and honor SP Jer- past year learning about what can and Connecticut. I congratulate her on her emy F. Regnier of Littleton, NH for his can’t happen in the United States Sen- accomplishments, and I wish her con- service and supreme sacrifice in the ate in a politically charged atmos- tinued success in the years to come.∑ service of his country. phere. Jimmy left the Federal Deposit f Specialist Regnier demonstrated a Insurance Corporation, his home for willingness and dedication to serve and the past 24 years, to spend a year learn- TRIBUTE TO MS. JUDITH defend his country by joining the Na- ing about the legislative process. And MAYNARD tional Guard soon after this country what a year it has been. ∑ Mr. LEAHY. Mr. President, I wish was attacked in September 2001. Just Jimmy came on board around the to pay tribute to an extraordinary as many of America’s heroes have time that a series of scandals rocked Vermonter, Ms. Judith Maynard, who taken up arms in the face of dire the mutual fund industry, and almost was recently named a National Distin- threats, Jeremy too, dedicated himself immediately Jimmy was called upon to guished Principal. As one of 65 prin- to the defense of our ideals, values, sit through a long series of hearings cipals chosen nationwide, this award freedoms, and way of life. His valor and and witnesses. While learning the places Ms. Maynard in an elite class of service cost him his life, but earned nitty-gritty of an industry may not be educators. him a place on the roll call of honor the most glamorous of duties, I am Ms. Maynard has dedicated her life to within the pantheon of heroes this hopeful that at the very least, Jimmy the education and well-being of country has produced. learned a thing or two that may help

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.181 S19PT2 S11630 CONGRESSIONAL RECORD — SENATE November 19, 2004 him manage his own finances as well. GRAND MA’S STORY Sometimes the slaves would drop little pieces of grains in the boiling water. In the end, Congress chose to let the ∑ Mr. DEWINE. Mr. President, I re- Securities and Exchange Commission The slaves did not have shoes to wear and cently received a letter from Iva D. their clothes were ragged. work through a series of regulatory Fesler Johnson. In it, she recalls what changes to clean up the industry, but I The slave master would ride a horse to the her grandmother, whom she called slave auction. The slaves were chained to- am confident that the Committee’s ‘‘Grand Ma,’’ told her about slavery. I gether, barefoot and raggedy. They were thorough investigation played a key would like to thank her for sharing taken to the auction block. role in forcing both the SEC and the in- this with me. Grand Ma’s story is one As they worked in the field, the overseer dustry itself to adopt critical changes of strength and perseverance—a story would ride a horse to watch the slaves work. to protect small investors. that took place during one of the dark- If he thought the slaves were not working hard enough, he would flog them with a cow- Jimmy also got a close-up view of est points in our Nation’s history. The how Congress crafts tax legislation. hide whip. following is the story contained in the After slavery, Grand Ma worked for pay be- For the better part of a year, the Sen- letter: cause she had to find a home. The master’s ate crafted and debated the Jumpstart On January 1, 1863, President Abraham wife told Grand Ma to leave Grand Ma’s our Business Strength Act, S. 1637. Lincoln signed the Emancipation Proclama- daughter, whose name was Ellen, with her Jimmy played a key role for our office, tion declaring ‘‘All Slaves Free.’’ while she looked for a home. Grad Ma said on and helped to ensure that key provi- I, Iva D. Jones, was born the daughter of Sunday morning a man riding a horse told sions regarding tribal bonding author- Richard and Lottie Foster Jones. My father’s Grand Ma, Ellen is dead and buried. Little ity were drafted and inserted into the mother was Cicly Belle Graham, the daugh- Ellen was nine years of age. The man told bill. Unfortunately, those provisions, ter of Henry and Fanny Graham. She was my Grand Ma that the missus said Ellen wasn’t washing the hearth right. So the missus hit which would have provided critical eco- grandmother. She was a slave. ‘‘Grand Ma,’’ as we called her, was brought Ellen in the head with a sick of wood and nomic development tools to Native to this country from Africa by ship. Grand Ellen died. Americans, were stripped out by the Ma was sold three times by auction on the Other slaves were sold at auction, and Republican majority in the House of auction block at Washington, Kentucky. She members of a family were separated. Hus- Representatives as part of election was sold to the highest bidder. She was given bands and wives, brothers and sisters, and year politics. This was a particularly the name of her slave master. So, she was children did not know the whereabouts of demoralizing moment for those of us Cicly Marshall at one time, another time, others. who care so deeply about South Dakota Cicly Smith. Grand Ma was finally able to get a home of and Native American communities Grand Ma plowed the fields with oxen. She three rooms on a one acre lot in Lewisburg, was the mother of nine children. She birthed Kentucky. She lived there many years and throughout the United States, yet some of the children in the field that she was died in her home on June 26, 1926. The House Jimmy managed to remain optimistic plowing. Her slave master did not allow her has been modernized. It stands there today. and cheerful about what we can accom- to return to the cabin in which she lived I was 15 years of age when Grand Ma died. plish in the next round. until the day’s work was done. She worked Amazing Grace, how sweet the sound, that Having a financial services expert on from sun up to dark. She was not paid any saved a wretch like me. I once was lost, but board was indispensable when a large money for this work. now I’m found. I was blind, but now I see. foreign conglomerate, Rabobank, an- She was married three times by jumping Written by Mrs. Iva Johnson across a broomstick. nounced its proposed takeover of South These are things my grandmother told me The slaves would sometimes try to escape about slavery.∑ Dakota’s local Farm Credit Service from the ‘‘Life of Slavery’’ to Canada. Grand lender. Jimmy took the lead on ana- Ma tried to escape. She was caught by f lyzing the possible impact on South ‘‘Blood Hounds’’ and ‘‘Slave Catchers.’’ She Dakota farmers, ranchers and lenders, was punished by being whipped, and salt and and displayed a deep understanding of pepper was put on the cuts made by the whip CELEBRATING THE OPENING OF the needs of rural America. to help healing. THE COLUMBIA SPORTSWEAR Grand Ma developed the gift of mid-wife. Jimmy got a bit more than he bar- DISTRIBUTION CENTER IN HEN- She delivered two sets of twins for her DERSON COUNTY, KY gained for when our lead banking staff- daughter, Margaret O’Banion, and her hus- er went out on maternity leave. Jimmy band, Lucian O’Banion. ∑ Mr. BUNNING. Mr. President, I want rose to the occasion, however, and per- The slaves could not read or write. No one to celebrate the dedication of the Co- formed admirably on such issues as re- in the slave owner’s family was allowed to lumbia Sportswear 4 Star Distribution authorization of the National Flood In- teach the slaves because it was against the Center in Robards, Kentucky. surance Program, tracking progress on law. Some taught the slaves to read and Columbia Sportswear is a family- the Basel II capital accords, evaluating write in secret. There were no schools for the slaves until after they were free. owned company that was founded in the merits of a controversial preemp- Grand Ma said she saw President George Portland, OR, in 1938. You may be fa- tion ruling by the Office of the Comp- Washington and President Abraham Lincoln. miliar with this corporation’s amusing troller of the Currency, and developing Grand Ma lived through the Civil War. She advertisements featuring Gert Boyle, proposals to reduce, in a responsible said she prayed we would one day have a the matriarch and chairwoman of the manner, the regulatory burden on our place to worship God under our own vine and company, testing her products under nation’s financial institutions. In addi- fig tree and the slave master’s whip would no various extreme conditions. longer be stained with African blood. God tion, Jimmy has provided key insights This is a $40 million dollar facility into the development of a South Da- has answered her prayers. God has given us places to worship. occupying 428,000 square feet. It could kota program to develop cybersecurity One writer states, slavery lasted 250 years add up 400 new jobs to the area, not in- programs for financial institutions. in the United States. Millions of people were cluding any other indirect employ- Finally, I would be remiss if I did not sold into bondage so that their owners could ment. This site will enable Columbia to mention Jimmy’s role in our continued grow rich, selling sugar, tobacco, rice, and have better access to its markets in efforts to pass comprehensive deposit cotton grown by their slave laborers. The the Midwest and on the East Coast. insurance reform. Although we were slaves loved to sing as they worked—such The industrial park that the center is hopeful that Jimmy would be the John- songs as ‘‘Steal Away to Jesus,’’ ‘‘Go Down Moses,’’ and ‘‘Swing Low, Sweet Chariot.’’ built on was the result of cooperation ny Damon of deposit insurance reform, At dawn, the slaves would awake every between Henderson, McLean, Union, the Boston Red Sox managed to win morning except Sunday to the sound of the and Webster Counties. I was very im- the World Series while our reform bill overseer’s horn. Men, women, and children pressed by how the region pulled to- will live to see yet another Congress. would scramble out of a pile of straw, piled gether to make this project happen. It is my pleasure and honor to stand high on the mud floor of their hut, with hoe I believe that this distribution plant before the Senate today to thank in hand to the field. Mid-morning, they were will bring jobs and other economic ben- Jimmy Loyless publicly for his service told to fix their breakfast, which was corn- efits to this area. Columbia Sportswear meal put in a pot of boiling water to make to the United States Senate. I am hoe-cakes. The hoe-cakes were cooked on the is good company and I am excited to pleased he will continue to serve our blade of their hoe over the fire. Once a week, welcome them to Western Kentucky. I country by returning to the FDIC, they were given a little piece of salt pork look forward to the positive impact which is lucky to have him.∑ and fish. they will have on the community.∑

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.180 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11631 AMERICAN LEGION SENIOR BASE- space shuttle . . .’’ Few people have the Colorado School of Mines Board of BALL TEAM PADUCAH POST 31 had the experience of orbiting the Trustees. He has also served on the ∑ Mr. BUNNING. Mr. President, today I Earth, and that experience has obvi- Princeton Plasma Physics Laboratory honor Paducah Post 31 American Le- ously widened the field of how he views Advisory Council, the Board of Visitors gion Senior Baseball Team, of Padu- problems. One often hears him relate to the U.S. Naval Academy, the De- cah, Kentucky for making it to the the fact that seeing the Earth from fense Policy Board and the Army American Legion World Series. In De- space helped him to see that issues Science Board. cember 19, 2004 this team will be gath- that may seem isolated to a distinct As I close, I wish to extend my ering to award each team member the region, are really the results of a larger thanks, but also the thanks of the peo- World Series Ring to Commemorate global challenge. ple of Colorado and the Nation. Admi- Admiral Truly piloted the Space their accomplishments. I congratulate ral Truly has given a large part of his Shuttle Columbia in 1981 and com- the Paducah post 31 American Legion life to public service and helping to manded the Challenger in August and Senior Baseball Team on their accom- better the world around him. I con- September, 1983. He left to become the plishments and look forward to seeing gratulate him on his retirement after a first commander of Naval Space Com- their continued success in the future. long and prosperous career, and wish mand in 1983, and served as the Admin- This band of gifted athletes and team him luck and happiness as he embarks istrator of NASA from 1989 to 1992, ∑ players has consistently fielded team on the next phase of his life. under the first President Bush. After after team in their region. Their com- f the tragic Challenger accident, he led petition was intense and they have dis- the accident investigation and was HONORING THE LIFE OF MILTON tinguished themselves just as much by vital in rebuilding the Space Shuttle D. STEWART their own skill, as by the skill of those program. He also won the approval of ∑ Mr. KERRY. Mr. President, I would they defeated. They began their season President Reagan and Congress to like to take a moment to pay tribute as just one team among 5,400 others build Endeavor, which replaced the to a champion of this Nation’s small from all over the United States and Challenger. Under his direction NASA businesses and to honor the work, dedi- Puerto Rico competing to be in the finalized plans for building the Space cation and life of Milton D. Stewart, American Legion World Series. They Station and implemented a number of the first Chief Counsel for the Office of ended it as one of eight teams from all streamlining reforms. Advocacy at the U.S. Small Business over the United States and Puerto During Admiral Truly’s tenure at Administration. Mr. Stewart passed Rico, that actually did compete in the NREL there have been many strides away at the age of 82, following an ex- American Legion World Series. and innovations in the research done tensive and diverse career that in- As a baseball player I am especially there. In the last 7 years the scientists cluded entrepreneurship, government, proud of the accomplishments of this at NREL have been able to improve service to small businesses, law, jour- team from my own State of Kentucky. wind technology, the fastest growing nalism, and academia. I know what it means to have played source of electric energy; increase the One of the most highly successful in- the good game, fought the good fight efficiency, and decrease the cost of novations of the House and Senate and won. The feeling that you have solar energy; and advance the tech- Small Business Committees came with done the right thing by trying your nology of bio-energy, which converts the creation of the Office of Advocacy hardest is payback enough. But Post plant and animal waste to energy. within the Small Business Administra- 31’s baseball team did that and much These technological advancements pro- tion. This office was established to rep- more, they not only tried their hard- vide great benefits to our economy, resent and advance small business in- est, they also made it to the American while also benefiting the environment. terests before other Federal agencies Legion World Series. However, the economy and the envi- and the Congress. Congress recognized I am proud of a team that when it ronment are not the only beneficiaries the importance of small business to the does its best, makes it all the way to of Truly’s work. Because he has helped competitiveness of the American econ- the World Series Eight. That is a great NREL to become one of the premier re- omy and understood that government accomplishment of which they too search laboratories in the world, Colo- sometimes can get in the way of small ∑ should be proud. rado is the home to world-class sci- businesses doing what they do best— f entists and researchers. Coloradans creating jobs. have a direct exposure to the newest, Over the years, the Office of Advo- IN RECOGNITION OF ADMIRAL most up-to-date technology in the re- cacy has had a great deal of success RICHARD TRULY newable industry. Numerous individ- and its hand has been strengthened by ∑ Mr. ALLARD. Mr. President, in Jan- uals, businesses and communities have further congressional action, such as uary the National Renewable Energy benefited from partnerships with NREL the Regulatory Flexibility Act in 1980 Laboratory in Golden, CO, will have to which have produced new technological and the Small Business Regulatory En- say goodbye to the man who has been processes. Admiral Truly was instru- forcement Fairness Act in 1996. The ac- their director since 1997. Admiral Rich- mental in leading the lab down the tions of the office have resulted in bil- ard Truly has brought a great deal to path of success. lions of dollars in regulatory cost sav- NREL and I would like to take a mo- He has been the recipient of numer- ings for small entities, reducing bar- ment to recognize him for his many ous awards, including the Presidential riers to market entry and promoting impressive achievements, and to thank Citizen’s Medal which was awarded by entrepreneurship. him for his service to NREL, to Colo- President Reagan in 1989. But one can This success is due in no small part rado, and to the Nation. see the personal side of Admiral Truly to the solid beginnings of the Office of Admiral Truly has a biography that when he is around his staff, and others Advocacy under the leadership and is as diverse as it is interesting. For in the community. He is an unassum- through the vision of the very first many being the director of a national ing and sincere person, with a ready Chief Counsel for Advocacy, Milton D. lab, and managing an annual research smile for everyone he sees. He has a Stewart. Milt, in his tenure as Chief budget of about $200 million, would be real instinct for what is best for the in- Counsel from 1978 to 1981, laid the the crowning highlight of a career. And stitution, but seems to balance that groundwork for the Regulatory Flexi- such may be the case for Admiral with what is best for the individuals. bility Act, the first White House Con- Truly. But with all of the other experi- He also gives much of his time to com- ference on Small Business, the Small ences he has had, there would be tough munity activities. In Colorado he has Business Innovation Development Act, competition. been an active advocate for the sci- and many other initiatives that are If you ask the Admiral how he first entific and academic communities, and now considered part of the core small became interested in the issue of en- is a member of the Colorado Governor’s business policies within this country. ergy and technology development the Commission on Science and Tech- Formerly a small business owner and story would probably start something nology, The Regis University Board of financier, Milt brought a level of com- like, ‘‘when I was orbiting Earth in the Trustees, and the Advisory Board to mitment and passion for fostering the

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.097 S19PT2 S11632 CONGRESSIONAL RECORD — SENATE November 19, 2004 entrepreneurial spirit. Early in his life, adopted, all foster children would be demonstrate to their guests that dairy in a family-owned small business begun placed in homes. farming in Vermont is more than a job and managed by his parents, he ac- As a father of two adopted children, I or an industry; it’s a way of life. quired great respect for the skill and know the love and joy that comes from Vermont’s landscape is defined by the courage of small business entre- adoption. I commend the National green pastures and silos that dot the preneurs. During his tenure in service Adoption Day partners for their efforts hills. Our agricultural economy de- to small businesses, Milt served as and their dedication in working toward pends on the hundreds of millions of President of the National Small Busi- a day when all children will have a per- dollars dairy farmers bring to the ness Association, the National Associa- manent, loving family to call their State every year. Through the tion of Small Business Investment own.∑ Kennett’s combination of agri-tourism Companies and the Small Business f and dairying they are helping to ensure High Technology Institute. farming is not only a part of Vermont’s WHRI–AM AND WRHM–FM Milt also had significant government past, but a vital part of Vermont’s fu- service beginning with the Office of ∑ Mr. GRAHAM of South Carolina. Mr. ture. War Information during World War II. President, I would like to take this op- I ask that a recent article about the He also served as special counsel to portunity to recognize WHRI–AM and Kennett’s be printed in the RECORD. Governor Harriman of New York and to WRHM–FM for their combined 100 The article follows: the New York State Thruway Author- years of service to Rock Hill, York [From the Burlington Free Press] ity, a Presidential delegate to the sec- County, and the State of South Caro- JUST ASKING TO SURVIVE ond White House Conference in 1986 and lina. (By Erin Kelly) Special Counsel to the third White WHRI first signed on the air in the Twenty-five years after they bought their House Conference Commission in 1995. Rock Hill community in December small dairy farm in Vermont’s picturesque While he was Chief Counsel, his cha- 1944. During its 60-year history, the White River valley, Bob and Beth Kennett risma and vision inspired many of station has remained dedicated to pro- find themselves alone. those who worked with him and helped viding quality programming and has ‘‘When we moved here, there were 11 farms develop sound small business policy for been a committed partner in commu- shipping milk,’’ said Beth Kennett, who our Nation. nity development. helps her husband run a farm of 70 milk cows WHRI operates under a principle es- in Rochester, VT. ‘‘We are now the last dairy His involvement in and dedication to farm in our valley.’’ the small business community has tablished by its founder, Jim Beaty: Small dairy farms like the Kennetts’ are made a difference in the lives of mil- ‘‘Never underestimate the audience.’’ disappearing throughout America. In the lions of entrepreneurs. Thanks to him, In doing so, the station provides cov- last half-century, the percentage of U.S. small firms now have a greater voice in erage of local and national news, farms with milk cows has plunged from near- the creation and implementation of the sports, and events. ly 62 percent in 1954 to 4 percent in 2002, ac- regulations that govern the way they WHRI remains an active participant cording to the Department of Agriculture. in the community, the station and its Farmers say that number will keep drop- do business. His family and friends can ping if a federal dairy subsidy expires as take pride in that legacy and in Milt’s staff contribute time and talent to nu- scheduled in October 2005. tremendous public service. merous service projects. One of WHRI’s At stake for the farmers is a way of life My condolences go out to his wife, greatest success stories has been their that in many cases dates back generations. Joan, and to his children, grand- involvement with the Shrine Bowl. Suburbanites and urban dwellers also have children and great grandchildren on When this all-star football game fea- something to lose, farmers warn. their loss. Together, we mourn the de- turing high school athletes from North If the farms go, their green pastures will be parture of a great man who embodied and South Carolina came to Rock Hill replaced with shopping malls and housing in 2001 there were only a handful of sta- tracts. Fresh milk produced locally could be the American entrepreneurial spirit. replaced by milk shipped by tanker truck He will be greatly missed.∑ tions that carried the game. Three thousands of miles from mega-dairy farms in f years later the network has been ex- the West. panded to 50 stations. This increased ‘‘The consumer is not going to benefit if all NATIONAL ADOPTION DAY exposure has also helped bring greater the milk is produced in just a few places,’’ ∑ Mr. BROWNBACK. Mr. President, I awareness to the cause of the Shriners Beth Kennett said. ‘‘Why not have local milk wish to recognize National Adoption and helped them raise additional funds for local markets?’’ Day which is this Saturday, November for their hospitals. Small dairy farmers won a victory last 20. National Adoption Day is a collabo- month when the Senate Appropriations Com- WHRI has remained dedicated to mittee approved a plan to extend the federal rative effort to raise awareness about serving the community in which they dairy subsidy to at least 2007, when it could the thousands of children in foster care live. In keeping with their commit- be renewed again as part of a new farm bill. waiting to be adopted. There are an es- ment to service, WHRI purchased The plan, pushed by Sens. Patrick Leahy, D- timated 542,000 children in foster care WRHM in 1987. WRHM signed on the air Vt.; Herb Kohl, D-Wis.; and Arlen Specter, R- in the United States, and over 126,000 of in Lancaster more than 40 years ago in Pa., still must be approved by the full Con- them are waiting to be adopted. July 1964. After a 3-year station up- gress. This day is meant to celebrate and grade in the late 1980’s, WRHM grew to An effort to attach the subsidy to a Home- honor all those loving parents who land Security bill failed this past weekend, serve a large region of South Carolina. but lawmakers vowed to try again this year. adopt children and to bring attention Today, WRHM is broadcast to more The subsidy, which has cost taxpayers to the children in foster care waiting than 15 counties in North and South about $2 billion since its passage in 2002, to be adopted. On Saturday, an unprec- Carolina, and continues the same tradi- sends payments to dairy farmers whenever edented number of courts throughout tion of excellence and regional service the price of milk drops below a certain level, the nation will finalize the adoption of inspired by the success of their sister basically guaranteeing farmers a minimum thousands of children from foster care. station. price. Small farmers, those with about 130 For the last 4 years, local adoption cows or fewer, benefit most. I wish WHRI and WRHM continued While some are pushing for the short-term agencies, courts, and advocacy organi- success for years to come.∑ extension of a tax subsidy for dairy farmers, zations have come together on Na- f other dairy state lawmakers want a dif- tional Adoption Day to help children in ferent, long-term solution one that could need of a permanent home. TRIBUTE TO BOB AND BETH raise the price of a gallon of milk for con- The number of children in foster care KENNETT sumers. has nearly doubled since 1987, and the ∑ Mr. LEAHY. Mr. President, I would Instead of a taxpayer subsidy, the National average time a child remains in foster like to commend the work of Bob and Dairy Equity Act would require milk proc- care is 3 years. Sadly, almost 20,000 Beth Kennett. The Kennett’s own the essors to pay farmers a minimum price for their milk. children in foster care age out of the Liberty Hill Farm in Rochester, VT, If the proposal becomes law, consumers system each year without ever being where Beth runs a bed and breakfast on could pay as much as 20 cents more per gal- placed with a permanent family. If the farm, and Bob oversees the dairy lon of whole milk, warns the International only one out of every 500 Americans operation of 70 cows. The Kennett’s Dairy Foods Association, which represents

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.099 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11633 processors. Sen. Jim Jeffords, I-Vt., says the in fighting breast cancer. Two years care facility on the Fort Berthold Indian group is grossly exaggerating the cost as a ago, BBHI introduced the Educate For Reservation, North Dakota. scare tactic. Life scholarship program, which offers S. 1241. An act to establish the Kate Mullany National Historic Site in the State Ken Bailey, associate professor of dairy three grants to Delaware high school markets at Pennsylvania State University, of New York, and for other purposes. said even an increase of a few cents could seniors—one student from each of Dela- S. 1727. An act to authorize additional ap- hurt sales of milk, which has dropped in pop- ware’s counties—who will pursue edu- propriations for the Reclamation Safety of ularity. The percentage of raw milk being cational opportunities in the fields of Dams Act of 1978. turned into milk to drink declined from 40 health care or education. This year, as S. 2042. An act for the relief of Rocco A. percent in 1980 to 28 percent in 2000, with the well as the year of its inception, the Trecosta of Fort Lauderdale, Florida. rest used to make cheese or other dairy prod- Educate for Life benefit has been spon- S. 2214. An act to designate the facility of ucts. the United States Postal Service located at sored by David’s restaurant, and it has 3150 Great Northern Avenue in Missoula, When the retail price of milk went up in been a resounding success. May and June, sales fell 3 percent, Bailey Montana, as the ‘‘Mike Mansfield Post Of- said. David not only generously donates fice’’. ‘‘It doesn’t make sense to design a whole his time and expertise to the planning S. 2302. An act to improve access to physi- federal policy around a small and declining and implementation of the event, but cians in medically underserved areas. segment of the dairy market,’’ Bailey said. also a portion of the evening’s pro- S. 2484. An act to amend title 38, United ‘‘What the federal government should be ceeds. We could not do it without him States Code, to simplify and improve pay doing is getting out the way and encouraging and his staff. provisions for physicians and dentists and to innovation and the creation of new dairy authorize alternate work schedules and exec- For his deeply felt responsibility to utive pay for nurses, and for other purposes. products. In Europe, liquid yogurt beverages the community, for his dedication to are very popular. Our thinking is still stuck S. 2640. An act to designate the facility of back in the 1950s when everybody had a glass being a man of action and not just the United States Postal Service located at of milk with dinner.’’ words, and for his ability to reach out 1050 North Hills Boulevard in Reno, Nevada, Carl Greene, a sixth generation dairy farm- to others in need, I am pleased to ac- as the ‘‘Guardians of Freedom Memorial er in Berlin, N.Y., said that with a little help knowledge David Dietz.∑ Post Office Building’’ and to authorize the from Washington, he is optimistic that the installation of a plague at such site, and for f farm he works with his brother and father other purposes. will survive for a long time to come. MESSAGE FROM THE HOUSE S. 2693. An act to designate the facility of the United States Postal Service located at ‘‘Any help we get will make us more com- DURING ADJOURNMENT petitive,’’ he said. ‘‘We’ll reinvest it back 1475 Western Avenue, Suite 45, in Albany, into the farm.’’ Under authority of the order of the New York, as the ‘‘Lieutenant John F. Finn Beth Kennett, who runs a bed and break- Senate of January 7, 2003, the Sec- Post Office’’. fast out of her Rochester farmhouse to help retary of the Senate, on November 18, S. 2965. An act to amend the Livestock make ends meet, said the city folks who visit Mandatory Price Reporting Act of 1999 to 2004, during the adjournment of the modify the termination date for mandatory seem willing to help once they see what’s at Senate, received a message from the stake. People need to realize that retail milk price reporting. House of Representatives announcing H.R. 1284. An act to amend the Reclama- prices which have stayed fairly steady at that the House has passed the fol- $2.62 to $2.76 a gallon over the last eight tion Projects Authorization and Adjustment years are a bargain and don’t reflect the lowing bill, without amendment: Act of 1992 to increase the Federal share of farmers’ true cost, Kennett said. S. 2986. An act to amend title 31 of the the costs of the San Gabriel Basin dem- ‘‘Our guests, once they see the hard work United States Code to increase the public onstration project. H.R. 4794. An act to amend the Tijuana that goes into it, say they’d be more than debt limit. River Valley Estuary and Beach Sewage happy to pay an extra nickel for milk to The message also announced that the Cleanup Act of 2000 to extend the authoriza- keep Farmer Bob going,’’ Kennett said. Speaker has signed the following en- tion of appropriations, and for other pur- ‘‘We’re not asking to make huge profits. rolled bill: poses. We’re just asking to survive.’’∑ S. 2986. An act to amend title 31 of the H.R. 5163. An act to amend title 49, United f United States Code to increase the public States Code, to provide the Department of DAVID DIETZ debt limit. Transportation a more focused research or- ganization with an emphasis on innovative ∑ Mr. BIDEN. Mr. President, I rise Under the authority of the order of technology, and for other purposes. today to honor a great Delawarean and January 7, 2003, the enrolled bill was H.R. 5213. An act to expand research infor- a great American, David Dietz. David signed by the President pro tempore mation regarding multidisciplinary research is a stellar example of an individual (Mr. STEVENS) on November 18, 2004. projects and epidemiological studies. whose remarkable success in business H.R. 5245. An act to extend the liability in- f demnification regime for the commercial has not diminished his commitment to space transportation industry. the betterment of his community and MESSAGES FROM THE HOUSE The enrolled bills were signed subse- those in need. At 10:06 a.m., a message from the quently by the President pro tempore If you traveled around Delaware ask- House of Representatives, delivered by (Mr. STEVENS). ing folks about David Dietz, you would Ms. Niland, one of its reading clerks, quickly learn the extent of his impact. announced that the House has passed At 1:05 p.m., a message from the In the business world, David has served the following bill, in which it requests House of Representatives, delivered by on numerous committees, won an the concurrence of the Senate: Mr. Hays, one of its reading clerks, an- abundance of awards, and his res- H.R. 3204. An act to require the Secretary nounced that the House has agreed to taurant, the Brandywine Brewing Com- of the Treasury to mint coins in commemo- the following concurrent resolution, pany, in Greenville, has been named ration of the tercentenary of the birth of without amendment: Benjamin Franklin, and for other purposes. the Best of Delaware several times S. Con. Res. 146. Concurrent resolution to over. Yet I believe that it is when f direct the Secretary of the Senate to make David steps out of his role as business- ENROLLED BILLS SIGNED corrections in the enrollment of the bill S. man and entrepreneur he truly shines. 150. David is a man with many causes— The message also announced that the The message also announced that the juvenile diabetes, child abuse preven- Speaker has signed the following en- House has agreed to the report of the tion—but it is his involvement with rolled bills: committee of conference on the dis- women’s health that moves me to rec- S. 434. An act to authorize the Secretary of agreeing votes of the two Houses on ognize him today. Agriculture to sell or exchange all or part of the amendment of the Senate to the In 1993, as a response to Delaware’s certain parcels of National Forest System bill (H.R. 1350) to reauthorize the Indi- land in the State of Idaho and use the pro- high breast cancer mortality rate, my viduals with Disabilities Education wife Jill was driven to form the Biden ceeds derived from the sale or exchange for National Forest System purposes. Act, and for other purposes. Breast Health Initiative. BBHI is a S. 1146. An act to implement the rec- nonprofit organization devoted to edu- ommendations of the Garrison Unit Tribal At 3:10 p.m., a message from the cating young women on breast health Advisory Committee by providing authoriza- House of Representatives, delivered by and the importance of early detection tion for the construction of a rural health Ms. Niland, one of its reading clerks,

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.102 S19PT2 S11634 CONGRESSIONAL RECORD — SENATE November 19, 2004 announced that the House has passed partment of Agriculture, transmitting, pur- ture of the Department of Defense’’; to the the bill (S. 150) to make permanent the suant to law, the report of a rule entitled Committee on Armed Services. moratorium on taxes on Internet ac- ‘‘Reinvention of the Section 514, 515, 516, and EC–9913. A communication from the Acting Under Secretary of Defense for Acquisition, cess and multiple and discriminatory 521 Multi-Family Housing Programs’’ (RIN0575–AC13) received on November 4, 2004; Technology, and Logistics, Department of taxes on electronic commerce imposed to the Committee on Agriculture, Nutrition, Defense, transmitting, pursuant to law, a re- by the Internet Tax Freedom Act, and Forestry. port relative to the Department’s Fiscal without amendment. EC–9904. A communication from the Dep- Year 2003 purchases from foreign entities; to The message also announced that the uty Associate Administrator, Environmental the Committee on Armed Services. House has passed the following bill, in Protection Agency, transmitting, pursuant EC–9914. A communication from the Direc- to law, the report of a rule entitled tor of Research and Engineering, Depart- which it requests the concurrence of ment of Defense, transmitting, pursuant to the Senate: ‘‘Glyphosate; Pesticide Tolerance’’ (FRL#7683–9) received on November 9, 2004; law, a report relative to the Foreign Com- H.R. 5360. An act to authorize grants to es- to the Committee on Agriculture, Nutrition, parative Testing Program; to the Committee tablish academics for teachers and students and Forestry. on Armed Services. of American history and civics, and for other EC–9905. A communication from the Dep- EC–9915. A communication from the Acting purposes. uty Associate Administrator, Environmental Under Secretary of Defense for Acquisition, The message further announced that Protection Agency, transmitting, pursuant Technology, and Logistics, Department of to law, the report of a rule entitled Defense, transmitting, pursuant to law, a re- the House has agreed to the following port relative to the Environmental Tech- concurrent resolution, in which it re- ‘‘Hexythiazonx; Pesticide Tolerances for Emergency Exemptions’’ (FRL#7684–2) re- nology Program; to the Committee on quests the concurrence of the Senate: ceived on November 9, 2004; to the Com- Armed Services. EC–9916. A communication from the Acting H. Con. Res. 524. Concurrent Resolution di- mittee on Agriculture, Nutrition, and For- Assistant Secretary for Legislative Affairs, recting the Clerk of the House of Representa- estry. tives to make certain corrections to the en- EC–9906. A communication from the Acting Department of State, transmitting, pursuant rollment of H.R. 1350. Under Secretary for Rural Development, De- to law, the report of a rule entitled ‘‘Amend- partment of Agriculture, transmitting, pur- ment to the International Traffic in Arms At 5:24 p.m., a message from the suant to law, the report of a rule entitled Regulations: Registration Fee Change’’ House of Representatives, delivered by ‘‘Business and Industry and Loans; Revision (RIN1400–AB97) received on November 9, 2004; to the Committee on Armed Services. to Definition of Rural Areas’’ (RIN0570–AA39) Mr. Hays, one of its reading clerks, an- EC–9917. A communication from the Alter- received on November 9, 2004; to the Com- nounced that the House has passed the nate OSD FRLO, Office of the Secretary, De- following bills, in which it requests the mittee on Agriculture, Nutrition, and For- partment of Defense, transmitting, pursuant estry. to law, the report of a rule entitled concurrence of the Senate: EC–9907. A communication from the Con- ‘‘TRICARE; NDAA–02 and a Technical Cor- H.R. 4324. An act to amend chapter 84 of gressional Review Coordinator, Animal and rection Included in the NDAA–03’’ (RIN0720– title 5, United States Code, to provide for Plant Health Inspection Service, Department AA89) received on November 6, 2004; to the Federal employees to make elections to of Agriculture, transmitting, pursuant to Committee on Armed Services. make, modify, and terminate contributions law, the report of a rule entitled ‘‘Importa- EC–9918. A communication from the Dep- to the Thrift Savings Fund at any time, and tion of Fruits and Vegetables’’ (Doc. No. 02– uty Secretary of Defense, transmitting, pur- for other purposes. 106–2) received on November 9, 2004; to the suant to law, the Department of Defense’s H.R. 5365. An act to treat certain arrange- Committee on Agriculture, Nutrition, and Fiscal Year 2004 Performance and Account- ments maintained by the YMCA Retirement Forestry. ability Report; to the Committee on Armed Fund as church plans for the purposes of cer- EC–9908. A communication from the Ani- Services. tain provisions of the Internal Revenue Code mal and Plant Health Inspection Service, De- EC–9919. A communication from the Acting of 1986, and for other purposes. partment of Agriculture, transmitting, pur- Under Secretary of Defense for Acquisition, The message also announced that the suant to law, the report of a rule entitled Technology, and Logistics, Department of House has passed the following bill, ‘‘Official Brucellosis Tests’’ (Doc. No. 02–070– Defense, transmitting, pursuant to law, a re- 3) received on November 9, 2004; to the Com- with an amendment: port relative to the Department’s contrac- mittee on Agriculture, Nutrition, and For- tors’ commercial and industrial type func- S. 2781. An act to express the sense of Con- estry. tions; to the Committee on Armed Services. gress regarding the conflict in Darfur, EC–9909. A communication from the Ad- EC–9920. A communication from the Gen- Sudan, to provide assistance for the crisis in ministrator, Agricultural Marketing Serv- eral Counsel, Federal Emergency Manage- Darfur and for comprehensive peace in ice, Department of Agriculture, transmit- ment Agency, Department of Homeland Se- Sudan, and for other purposes. ting, pursuant to law, the report of a rule en- curity, transmitting, pursuant to law, the re- titled ‘‘Walnuts Grown in California; De- port of a rule entitled ‘‘Final Flood Ele- creased Assessment Rate’’ (FV04–984–2) re- vation Determinations; 69 FR 61445’’ (44 CFR ENROLLED BILL PRESENTED ceived on November 6, 2004; to the Com- 67) received on November 6, 2004; to the Com- DURING ADJOURNMENT mittee on Agriculture, Nutrition, and For- mittee on Banking, Housing, and Urban Af- estry. fairs. The Secretary of the Senate reported EC–9910. A communication from the Ad- EC–9921. A communication from the Gen- that on November 18, 2004, she had pre- ministrator, Agricultural Marketing Serv- eral Counsel, Federal Emergency Manage- sented to the President of the United ice, Department of Agriculture, transmit- ment Agency, Department of Homeland Se- States the following enrolled bill: ting, pursuant to law, the report of a rule en- curity, transmitting, pursuant to law, the re- titled ‘‘Marketing Order Regulating the Han- S. 2986. An act to amend title 31 of the port of a rule entitled ‘‘Suspension of Com- dling of Spearmint Oil Produced in the Far United States Code to increase the public munity Eligibility; 69 FR 60309’’ (44 CFR 64) West; Revision of the Salable Quantity and debt limit. received on November 6, 2004; to the Com- Allotment Percentage for Class 3 (Native) mittee on Banking, Housing, and Urban Af- f Spearmint Oil for the 2004–2005 Marketing fairs. Year’’ (Doc. No. FV04–985–2) received on No- EC–9922. A communication from the Gen- EXECUTIVE AND OTHER vember 6, 2004; to the Committee on Agri- eral Counsel, Federal Emergency Manage- COMMUNICATIONS culture, Nutrition, and Forestry. ment Agency, Department of Homeland Se- The following communications were EC–9911. A communication from the Ad- curity, transmitting, pursuant to law, the re- laid before the Senate, together with ministrator, Agricultural Marketing Serv- port of a rule entitled ‘‘Suspension of Com- ice, Department of Agriculture, transmit- accompanying papers, reports, and doc- munity Eligibility; 69 FR 6144’’ (44 CFR 64) ting, pursuant to law, the report of a rule en- received on November 6, 2004; to the Com- uments, and were referred as indicated: titled ‘‘Domestic Dates Produced or Packed mittee on Banking, Housing, and Urban Af- EC–9902. A communication from the Acting in Riverside County, California, Increased fairs. Administrator, Food Safety and Inspection Assessment Rate’’ (Doc. No. FV04–987–2) re- EC–9923. A communication from the Dep- Service, Department of Agriculture, trans- ceived on November 6, 2004; to the Com- uty Secretary of the Treasury, transmitting, mitting, pursuant to law, the report of a rule mittee on Agriculture, Nutrition, and For- pursuant to law, a report relative to the na- entitled ‘‘Nutrition Labeling: Nutrient Con- estry. tional emergency with respect to Iran that tent Claims on Multi-serve, Meal-type Meat EC–9912. A communication from the Acting was declared in Executive Order 12170 of No- and Poultry Products’’ (RIN0583–AD07) re- Under Secretary of Defense for Acquisition, vember 14, 1979; to the Committee on Bank- ceived on November 16, 2004; to the Com- Technology, and Logistics, Department of ing, Housing, and Urban Affairs. mittee on Agriculture, Nutrition, and For- Defense, transmitting, pursuant to law, a re- EC–9924. A communication from the Dep- estry. port entitled ‘‘Long-Term Strategy to Re- uty Secretary of the Treasury, transmitting, EC–9903. A communication from the Acting duce Corrosion and the Effects of Corrosion pursuant to law, a report relative to the na- Under Secretary of Rural Development, De- on the Military Equipment and Infrastruc- tional emergency with respect to Syria that

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.117 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11635 was declared in Executive Order 13338 of May the report of a rule entitled ‘‘Fisheries off Indiantown Gap, PA Doc. No. 02–AEA–19’’ 11, 2004; to the Committee on Banking, Hous- West Coast States and in the Western Pa- (RIN2120–AA64) received on November 16, ing, and Urban Affairs. cific; Coastal Pelagic Species Fisheries; An- 2004; to the Committee on Commerce, EC–9925. A communication from the Assist- nual Specifications; Pacific Mackerel’’ Science, and Transportation. ant General Counsel for Regulations, Office (RIN0648–AR97) received on November 16, EC–9944. A communication from the Pro- of Public and Indian Housing, Department of 2004; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- Housing and Urban Development, transmit- Science, and Transportation. tion, Department of Transportation, trans- ting, pursuant to law, the report of a rule en- EC–9935. A communication from the Dep- mitting, pursuant to law, the report of a rule titled ‘‘Participation in HUD’s Native Amer- uty Assistant Administrator, Office of Sus- entitled ‘‘Airworthiness Directives: Boeing ican Programs by Religious Organizations tainable Fisheries, National Marine Fish- Model 727, 727C, 727 100, 100 C, and 200 Series Providing for Equal Treatment of All Pro- eries Service, transmitting, pursuant to law, Airplanes Doc. No. 2003–NM–131’’ (RIN2120– gram Participants’’ (RIN2577–AC56) received the report of a rule entitled ‘‘Reallocation of AA64) received on November 16, 2004; to the on November 16, 2004; to the Committee on Projected Unused Amount of Pacific Cod Committee on Commerce, Science, and Banking, Housing, and Urban Affairs. from Vessels Using Trawl and Jig Gear to Transportation. EC–9926. A communication from the Gen- Vessels Using Hook-and-Line and Pot Gear EC–9945. A communication from the Pro- eral Counsel, Office of General Counsel, Na- in the BSAI’’ received on November 16, 2004; gram Analyst, Federal Aviation Administra- tional Credit Union Administration, trans- to the Committee on Commerce, Science, tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule and Transportation. mitting, pursuant to law, the report of a rule entitled ‘‘12 CFR Section 701.14—Change in EC–9936. A communication from the Dep- entitled ‘‘Airworthiness Directives: BAE Official or Senior Executive Officer in Credit uty Assistant Administrator, Office of Sus- Systems Limited Model BAe 146 and Avro 146 Unions That Are Newly Chartered or Are in tainable Fisheries, National Marine Fish- RJ Series Airplanes Doc. NO. 2002–NM–90’’ Troubled Condition’’ received on November eries Service, transmitting, pursuant to law, (RIN2120–AA64) received on November 16, 16, 2004; to the Committee on Banking, Hous- the report of a rule entitled ‘‘Closure of 2004; to the Committee on Commerce, ing, and Urban Affairs. ‘Other Species’ in the Bering Sea and Aleu- Science, and Transportation. EC–9927. A communication from the Regu- tian Islands’’ received on November 16, 2004; EC–9946. A communication from the Pro- latory Specialist, Legislative and Regu- to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- latory Activities Division, Comptroller of and Transportation. tion, Department of Transportation, trans- the Currency, transmitting, pursuant to law, EC–9937. A communication from the Dep- mitting, pursuant to law, the report of a rule the report of a rule entitled ‘‘Rules of Prac- uty Assistant Administrator, Office of Sus- entitled ‘‘Airworthiness Directives: Hartzell tice and Procedure; Civil Money Penalty In- tainable Fisheries, National Marine Fish- Propeller Inc Model HC B5MP 3( )/ flation Adjustments’’ (RIN1557–AC82) re- eries Service, transmitting, pursuant to law, M10282A( )+6 Propellers Doc. No. 86–ANE–7’’ ceived on November 16, 2004; to the Com- the report of a rule entitled ‘‘Notice of Clo- (RIN2120–AA64) received on November 16, mittee on Banking, Housing, and Urban Af- sure of the 2004 King Mackerel Commercial 2004; to the Committee on Commerce, fairs. Fishery, Western Zone of the Gulf of Mex- Science, and Transportation. EC–9928. A communication from the Regu- ico’’ received on November 16, 2004; to the EC–9947. A communication from the Pro- latory Specialist, Legislative and Regu- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- latory Activities Division, Comptroller of Transportation. tion, Department of Transportation, trans- the Currency, transmitting, pursuant to law, EC–9938. A communication from the Assist- mitting, pursuant to law, the report of a rule the report of a rule entitled ‘‘Rules, Policies, ant Secretary for Export Administration, entitled ‘‘Airworthiness Directives: CFM and Procedures for Corporate Activities; An- Bureau of Industry and Security, Depart- International CFM56–5C Series Turbofan En- nual Report on Operating Subsidiaries’’ ment of Commerce, transmitting, pursuant gines Doc. No. 95–ANE–64’’ (RIN2120–AA64) (RIN1557–AC81) received on November 16, to law, the report of a rule entitled ‘‘Micro- received on November 16, 2004; to the Com- 2004; to the Committee on Banking, Housing, processor Technology Eligible for Export mittee on Commerce, Science, and Transpor- and Urban Affairs. Under License Exception’’ (RIN0694–AD04) tation. EC–9929. A communication from the Direc- received on November 16, 2004; to the Com- EC–9948. A communication from the Pro- tor, Office of Legislative Affairs, Federal De- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- posit Insurance Corporation, transmitting, tation. tion, Department of Transportation, trans- pursuant to law, the report of a rule entitled EC–9939. A communication from the Attor- mitting, pursuant to law, the report of a rule ‘‘Rules of Practice and Procedure’’ (RIN3064– ney, National Highway Traffic Safety Ad- entitled ‘‘Airworthiness Directives: Correc- AC76) received on November 5, 2004; to the ministration, Department of Transportation, tion—Rolls Royce plc RB211–22B, –524, and Committee on Banking, Housing, and Urban transmitting, pursuant to law, the report of –53 Series Turbofan Engines Doc. No. 2003– Affairs. a rule entitled ‘‘List of Nonconforming Vehi- NE–57’’ (RIN2120–AA64) received on Novem- EC–9930. A communication from the Sec- cles Decided to be Eligible for Importation’’ ber 16, 2004; to the Committee on Commerce, retary of Housing and Urban Development, (RIN2127–AJ35) received on November 16, Science, and Transportation. transmitting, pursuant to law, the Depart- 2004; to the Committee on Commerce, EC–9949. A communication from the Pro- ment of Housing and Urban Development’s Science, and Transportation. gram Analyst, Federal Aviation Administra- Fiscal Year 2004 Performance and Account- EC–9940. A communication from the Attor- tion, Department of Transportation, trans- ability Report; to the Committee on Bank- ney, National Highway Traffic Safety Ad- mitting, pursuant to law, the report of a rule ing, Housing, and Urban Affairs. ministration, Department of Transportation, entitled ‘‘Airworthiness Directives: Bom- EC–9931. A communication from the Chair- transmitting, pursuant to law, the report of bardier Model CL 600 2C10 and CL 600 2D24 man and President, Export-Import Bank of a rule entitled ‘‘Schedule of Fees Authorized Series Airplanes Doc. No. 2004–NM–125’’ the United States, transmitting, pursuant to by 49 U.S.C. 30141’’ (RIN2127–AJ34) received (RIN2120–AA64) received on November 16, law, the report of a transaction involving on November 16, 2004; to the Committee on 2004; to the Committee on Commerce, U.S. exports to the United Arab Emirates; to Commerce, Science, and Transportation. Science, and Transportation. the Committee on Banking, Housing, and EC–9941. A communication from the Attor- EC–9950. A communication from the Pro- Urban Affairs. ney, National Highway Traffic Safety Ad- gram Analyst, Federal Aviation Administra- EC–9932. A communication from the Assist- ministration, Department of Transportation, tion, Department of Transportation, trans- ant to the Board, Federal Reserve Board, transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of a rule entitled ‘‘Special Purpose Vehicles’’ entitled ‘‘Airworthiness Directives: Valentin a rule entitled ‘‘Regulation J—Collection of (RIN2127–AH75) received on November 16, GmbH and Co. Taifun 17E Sailplanes; Doc. Checks and Other Items by Federal Reserve 2004; to the Committee on Commerce, No. 2003–CE–56’’ (RIN2120–AA64) received on Banks and Funds Transfers through Science, and Transportation . November 16, 2004; to the Committee on Fedwire’’ received on October 26, 2004; to the EC–9942. A communication from the Pro- Commerce, Science, and Transportation. Committee on Banking, Housing, and Urban gram Analyst, Federal Aviation Administra- EC–9951. A communication from the Pro- Affairs. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–9933. A communication from the Dep- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- uty Chief Acquisition Officer for Procure- entitled ‘‘Airworthiness Directives: Pratt mitting, pursuant to law, the report of a rule ment, National Aeronautics and Space Ad- and Whitney Canada PT6B–36A and PT6B– entitled ‘‘Airworthiness Directives: MD Heli- ministration, transmitting, pursuant to law, 36B Turboshaft Engines Doc. No. 2004–NE–18’’ copters Inc Model 500N and 600N Helicopters the report of a rule entitled ‘‘Government (RIN2120–AA64) received on November 16, Doc. No. 2004–SW–20’’ (RIN2120–AA64) re- Property and Miscellaneous Editorial 2004; to the Committee on Commerce, ceived on November 16, 2004; to the Com- Changes’’ (RIN2700–AD05) received on No- Science, and Transportation. mittee on Commerce, Science, and Transpor- vember 14, 2004; to the Committee on Com- EC–9943. A communication from the Pro- tation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–9952. A communication from the Pro- EC–9934. A communication from the Dep- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- uty Assistant Administrator, Office of Sus- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tainable Fisheries, National Marine Fish- entitled ‘‘Correction: Establishment of Re- mitting, pursuant to law, the report of a rule eries Service, transmitting, pursuant to law, stricted Areas 5802C, D, and E; Fort entitled ‘‘Airworthiness Directives: Boeing

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.119 S19PT2 S11636 CONGRESSIONAL RECORD — SENATE November 19, 2004 Model 737–600, 700, 700C, 800, and 900 Series 301, 311, and 315 Airplanes Doc. No. 2002–NM– transmitting, pursuant to law, the Board’s Airplanes Doc. No. 2002–NM–327’’ (RIN2120– 126’’ (RIN2120–AA64) received on November 2004 FAIR Act Inventory; to the Committee AA64) received on November 16, 2004; to the 16, 2004; to the Committee on Commerce, on Commerce, Science, and Transportation. Committee on Commerce, Science, and Science, and Transportation. EC–9971. A communication from the Sec- Transportation. EC–9961. A communication from the Pro- retary, Federal Trade Commission, transmit- EC–9953. A communication from the Pro- gram Analyst, Federal Aviation Administra- ting, pursuant to law, the Commission’s Cig- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- arette Report for 2002; to the Committee on tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing EC–9972. A communication from the Assist- entitled ‘‘Airworthiness Directives: Dassault Model 707 and 720 Series Airplanes; Doc. No. ant Secretary for Fish and Wildlife and Model Fan Jet Falcon Series Airplanes; and 2003–NM–44’’ (RIN2120–AA64) received on No- Parks, National Park Service, Department of Model Mystere-Falcon 20 Series Airplanes vember 16, 2004; to the Committee on Com- the Interior, transmitting, pursuant to law, Doc. No. 2002–NM–227’’ (RIN2120–AA64) re- merce, Science, and Transportation. the report of a rule entitled ‘‘Lake Roosevelt ceived on November 16, 2004; to the Com- EC–9962. A communication from the Pro- National Recreation Area Personal mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- Watercraft Use’’ (RIN1024–AD01) received on tation. tion, Department of Transportation, trans- November 16, 2004; to the Committee on En- EC–9954. A communication from the Pro- mitting, pursuant to law, the report of a rule ergy and Natural Resources. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Airbus EC–9973. A communication from the Assist- tion, Department of Transportation, trans- Model A330 and A340 Series Airplanes Doc. ant Secretary for Fish and Wildlife and mitting, pursuant to law, the report of a rule No. 2004–NM–159’’ (RIN2120–AA64) received on Parks, National Park Service, Department of entitled ‘‘Airworthiness Directives: Robinson November 16, 2004; to the Committee on the Interior, transmitting, pursuant to law, Helicopter Company Model R22 Series Heli- Commerce, Science, and Transportation. the report of a rule entitled ‘‘Lake Meredith copters; Doc. No. 2004–SW–15’’ (RIN2120– EC–9963. A communication from the Pro- National Recreation Area Personal AA64) received on November 16, 2004; to the gram Analyst, Federal Aviation Administra- Watercraft Use’’ (RIN1024–AC97) received on Committee on Commerce, Science, and tion, Department of Transportation, trans- November 16, 2004; to the Committee on En- Transportation. mitting, pursuant to law, the report of a rule ergy and Natural Resources. EC–9955. A communication from the Pro- entitled ‘‘Airworthiness Directives: Airbus EC–9974. A communication from the Assist- gram Analyst, Federal Aviation Administra- Model A218, 319, 320, and 321 Series Airplanes ant Secretary for Fish and Wildlife and tion, Department of Transportation, trans- Doc. No. 2004–NM–158’’ (RIN2120–AA64) re- Parks, National Park Service, Department of mitting, pursuant to law, the report of a rule ceived on November 16, 2004; to the Com- the Interior, transmitting, pursuant to law, entitled ‘‘Airworthiness Directives: Correc- mittee on Commerce, Science, and Transpor- the report of a rule entitled ‘‘Amistad Na- tion—Boeing Model 727 Series airplanes tation. tional Recreation Area Personal Watercraft EC–9964. A communication from the Pro- Use’’ (RIN1024–AD00) received on November Modified in Accordance with Supplemental gram Analyst, Federal Aviation Administra- 16, 2004; to the Committee on Energy and Type Certificate, Doc. No. 07–NM–235’’ tion, Department of Transportation, trans- Natural Resources. (RIN2120–AA64) received on November 16, mitting, pursuant to law, the report of a rule EC–9975. A communication from the Ad- 2004; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: Bom- ministrator, Energy Information Adminis- Science, and Transportation. tration, transmitting, pursuant to law, the EC–9956. A communication from the Pro- bardier Model CL 600 2B19 Airplanes Doc. No. Administration’s Annual Energy Review gram Analyst, Federal Aviation Administra- 2004–NM–195’’ (RIN2120–AA64) received on No- 2003; to the Committee on Energy and Nat- tion, Department of Transportation, trans- vember 16, 2004; to the Committee on Com- merce, Science, and Transportation. ural Resources. mitting, pursuant to law, the report of a rule EC–9965. A communication from the Dep- EC–9976. A communication from the Assist- entitled ‘‘Airworthiness Directives: Cessna uty Assistant Administrator, Office of Sus- ant General Counsel for Legislative and Reg- Aircraft Company 120, 140, 150, F150, 170, 172, tainable Fisheries, National Marine Fish- ulatory Law, Office of Energy Efficiency and F172, FR172, P172D, 175, 177, 180, 182, 185, eries Office, transmitting, pursuant to law, Renewable Energy, transmitting, pursuant A185E, 190, 195, 206, P206, U206, TP206, TU206, the report of a rule entitled ‘‘Fisheries of the to law, the report of a rule entitled ‘‘Energy 207, T207, 210, T210, 336, 337, and T337 Series Northeastern United States; Summer Floun- Efficiency for Certain Commercial and In- Airplanes Doc. No. 2003–CE–40’’ (RIN2120– der, Scup, and Black Sea Bass Fisheries; dustrial Equipment: Test Procedures and Ef- AA64) received on November 16, 2004; to the Framework Adjustment 5’’ (RIN0648–AR50) ficiency Standards for Commercial Water Committee on Commerce, Science, and received on November 16, 2004; to the Com- Heaters, Hot Water Supply Boilers, and Transportation. mittee on Commerce, Science, and Transpor- Unfired Hot Water Storage Tanks’’ (RIN1094– EC–9957. A communication from the Pro- tation. AA95) received on November 3, 2004; to the gram Analyst, Federal Aviation Administra- EC–9966. A communication from the Assist- Committee on Energy and Natural Re- tion, Department of Transportation, trans- ant Secretary for Export Administration, sources. mitting, pursuant to law, the report of a rule Bureau of Industry and Security, Depart- EC–9977. A communication from the Assist- entitled ‘‘Airworthiness Directives: Boeing ment of Commerce, transmitting, pursuant ant General Counsel for Legislative and Reg- Model 737–200, 200C, 300, 400, and 500 Series to law, the report of a rule entitled ‘‘Com- ulatory Law, Office of Energy Efficiency and Airplanes Doc. No. 2991–NM–246’’ (RIN2120– puter Technology and Software Eligible for Renewable Energy, transmitting, pursuant AA64) received on November 16, 2004; to the Export Under License Exception; and Estab- to law, the report of a rule entitled ‘‘Energy Committee on Commerce, Science, and lishment of ‘Foreign National Review’ Re- Efficiency Program for Certain Commercial Transportation. quirement and Procedure’’ (RIN0694–AD18) and Industrial Equipment: Test Procedures EC–9958. A communication from the Pro- received on November 16, 2004; to the Com- and Efficiency Standards for Commercial gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- Warm Air Furnaces; General Provisions for tion, Department of Transportation, trans- tation. Commercial Heating, Air Conditioning, and mitting, pursuant to law, the report of a rule EC–9967. A communication from the Ad- Water Heating Equipment; Energy Effi- entitled ‘‘Airworthiness Directives: Cessna ministrator, Federal Aviation Administra- ciency Provisions for Electric Motors’’ Aircraft Company 120, 140, 150, F150, 170, 172, tion, Department of Transportation, trans- (RIN1094–AA96) received on November 3, 2004; FR172, P172D, 175, 177, 180, 182, 185, A185E, 190, mitting, pursuant to law, a report entitled to the Committee on Energy and Natural Re- 195, 206, P206, U206, TP206, TU206, 207, T207, ‘‘Report to Congress—Part 135 Air Taxi Oper- sources. 210, T210, 336, 337, and T337 Airplanes Doc. ators Study’’; to the Committee on Com- EC–9978. A communication from the Assist- No. 2003–CE–40’’ (RIN2120–AA64) received on merce, Science, and Transportation. ant General Counsel for Legislative and Reg- November 16, 2004; to the Committee on EC–9968. A communication from the Chair- ulatory Law, Office of Energy Efficiency and Commerce, Science, and Transportation. man, Surfaces Transportation Board, De- Renewable Energy, transmitting, pursuant EC–9959. A communication from the Pro- partment of Transportation, transmitting, to law, the report of a rule entitled ‘‘Energy gram Analyst, Federal Aviation Administra- pursuant to law, the report of a rule entitled Efficiency Program for Certain Commercial tion, Department of Transportation, trans- ‘‘Regulations Governing Fees for Services and Industrial Equipment: Test Procedures mitting, pursuant to law, the report of a rule Performed in Connection With Licensing and and Efficiency Standards for Commercial Air entitled ‘‘Airworthiness Directives: DG Related Services—2004 Update’’ (Stb Ex Conditioners and Heat Pumps’’ (RIN1094– Flugzeugbau GmbH, Model Sailplanes, Spin- Parte No. 542) received on November 5, 2004; AA97) received on November 3, 2004; to the dle Drive; Doc. No. 2004–CE–06’’ (RIN2120– to the Committee on Commerce, Science, Committee on Energy and Natural Re- AA64) received on November 16, 2004; to the and Transportation. sources. Committee on Commerce, Science, and EC–9969. A communication from the Sec- EC–9979. A communication from the Chair- Transportation. retary of Transportation, transmitting, pur- man, Nuclear Regulatory Commission, trans- EC–9960. A communication from the Pro- suant to law, the Department of Transpor- mitting, pursuant to law, the Commission’s gram Analyst, Federal Aviation Administra- tation’s Fiscal Year 2004 Performance and Fiscal Year 2004 Performance and Account- tion, Department of Transportation, trans- Accountability Report; to the Committee on ability Report; to the Committee on Envi- mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. ronment and Public Works. entitled ‘‘Airworthiness Directives: Bom- EC–9970. A communication from the Chair- EC–9980. A communication from the Dep- bardier Model DHC 8 101, 102, 103, 106, 201, 202, man, National Transportation Safety Board, uty Associate Administrator, Environmental

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.121 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11637 Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant 78) received on November 16, 2004; to the to law, the report of a rule entitled ‘‘Ap- to law, the report of a rule entitled ‘‘Correc- Committee on Finance. proval and Promulgation of Implementation tions to the California State Implementation EC–10000. A communication from the Act- Plan; Wisconsin’’ (FRL#7829–4) received on Plan’’ (FRL#7837–9) received on November 16, ing Chief, Publications and Regulations November 16, 2004; to the Committee on En- 2004; to the Committee on Environment and Branch, Internal Revenue Service, transmit- vironment and Public Works. Public Works. ting, pursuant to law, the report of a rule en- EC–9981. A communication from the Dep- EC–9990. A communication from the Dep- titled ‘‘Bureau of Labor Statistics Price In- uty Associate Administrator, Environmental uty Associate Administrator, Environmental dexes for Department Stores—September Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant 2004’’ (Rev. Rul. 2004–105) received on Novem- to law, the report of a rule entitled ‘‘Ap- to law, the report of a rule entitled ‘‘Interim ber 16, 2004; to the Committee on Finance. proval and Promulgation of Air Quality Im- Final Determination to Stay Sanctions, Im- EC–10001. A communication from the Act- plementation Plans; West Virginia; Deter- perial County Air Pollution Control Dis- ing Chief, Publications and Regulations mination of Attainment and Redesignation trict’’ (FRL#7834–5) received on November 16, Branch, Internal Revenue Service, transmit- of the City of Weirton PM10 Nonattainment 2004; to the Committee on Environment and ting, pursuant to law, the report of a rule en- Area to Attainment and Approval of the Public Works. titled ‘‘CPI Adjustment for Section 1274A for Maintenance Plan, Correction’’ (FRL#7836–5) EC–9991. A communication from the Dep- 2005’’ (Rev. Rul. 2004–107) received on Novem- received on November 16, 2004; to the Com- uty Associate Administrator, Environmental ber 16, 2004; to the Committee on Finance. mittee on Environment and Public Works. Protection Agency, transmitting, pursuant EC–10002. A communication from the Act- EC–9982. A communication from the Dep- to law, the report of a rule entitled ‘‘Water ing Chief, Publications and Regulations uty Associate Administrator, Environmental Quality Standards for Coastal and Great Branch, Internal Revenue Service, transmit- Protection Agency, transmitting, pursuant Lakes Recreation Waters’’ (FRL#7837–5) re- ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Ap- ceived on November 16, 2004; to the Com- titled ‘‘Appeals Settlement Guidelines: Cap- proval and Promulgation of Implementation mittee on Environment and Public Works. italization of Costs to Obtain Management Plans; State of Iowa’’ (FRL#7833–7) received EC–9992. A communication from the Dep- Contracts’’ (UIL: 162.05–00) received on No- on November 16, 2004; to the Committee on uty Associate Administrator, Environmental vember 16, 2004; to the Committee on Fi- Environment and Public Works. Protection Agency, transmitting, pursuant nance. EC–9983. A communication from the Dep- to law, the report of a rule entitled ‘‘Revi- EC–10003. A communication from the Act- uty Associate Administrator, Environmental sions to the California State Implementation ing Chief, Publications and Regulations Protection Agency, transmitting, pursuant Plan, Great Basin and Ventura County Air Branch, Internal Revenue Service, transmit- to law, the report of a rule entitled ‘‘Ap- Pollution Control District’’ (FRL#7834–2) re- ting, pursuant to law, the report of a rule en- proval and Promulgation of Approval and ceived on November 16, 2004; to the Com- titled ‘‘Applicable Federal Rates—December Promulgation of State Air Quality Plans for mittee on Environment and Public Works. 2004’’ (Rev. Rul. 2004–106) received on Novem- Designated Facilities and Pollutants, Com- EC–9993. A communication from the Dep- ber 16, 2004; to the Committee on Finance. monwealth of Virginia; Control of Municipal uty Associate Administrator, Environmental EC–10004. A communication from the Act- Waste Combustor Emissions from Large Ex- Protection Agency, transmitting, pursuant ing Chief, Publications and Regulations isting Municipal Solid Waste Combustor to law, the report of a rule entitled ‘‘Revi- Branch, Internal Revenue Service, transmit- Units’’ (FRL#7831–5) received on November sions to the California State Implementation ting, pursuant to law, the report of a rule en- 16, 2004; to the Committee on Environment Plan, Imperial County Air Pollution Control titled ‘‘Standard Mileage Rates—2005’’ (Rev. and Public Works. District’’ (FRL#7834–3) received on November Proc. 2004–64) received on November 16, 2004; EC–9984. A communication from the Dep- 16, 2004; to the Committee on Environment to the Committee on Finance. uty Associate Administrator, Environmental and Public Works. EC–10005. A communication from the Act- Protection Agency, transmitting, pursuant EC–9994. A communication from the Direc- ing Chief, Publications and Regulations to law, the report of a rule entitled ‘‘Ap- tor, Office of Congressional Affairs, Nuclear Branch, Internal Revenue Service, transmit- proval and Promulgation of State Implemen- Regulatory Commission, transmitting, pur- ting, pursuant to law, the report of a rule en- tation Plans; State of Iowa’’ (FRL#7836–4) re- suant to law, the report of a rule entitled titled ‘‘Coordinated Issue: IRC 461(f) Con- ceived on November 16, 2004; to the Com- ‘‘Risk-Informed Categorization and Treat- tested Liabilities’’ (UIL 9300.30–00) received mittee on Environment and Public Works. ment of Structures, Systems, and Compo- on November 16, 2004; to the Committee on EC–9985. A communication from the Dep- nents for Nuclear Power Reactors’’ (RIN3150– Finance. uty Associate Administrator, Environmental AG42) received on November 18, 2004; to the EC–10006. A communication from the Act- Protection Agency, transmitting, pursuant Committee on Environment and Public ing Chief, Publications and Regulations to law, the report of a rule entitled ‘‘Ap- Works. Branch, Internal Revenue Service, transmit- proval of Section 112(1) Authority for Haz- EC–9995. A communication from the Acting ting, pursuant to law, the report of a rule en- ardous Air Pollutants; Equivalency by Per- Chief, Publications and Regulations Branch, titled ‘‘Coordinated Issue: S Corporation Tax mit Provisions; National Emission Standards Internal Revenue Service, transmitting, pur- Shelter’’ (UIL9300.36–00) received on Novem- for Hazardous Air Pollutants from the Pulp suant to law, the report of a rule entitled ber 16, 2004; to the Committee on Finance. and Paper Industry; State of Georgia’’ ‘‘Weighted Average Interest Rate Update No- EC–10007. A communication from the Com- (FRL#783207) received on November 16, 2004; tice—Pension Funding Equity Act of 2004’’ missioner, Social Security Administration, to the Committee on Environment and Pub- (Notice 2004–77) received on November 16, transmitting, pursuant to law, the Adminis- lic Works. 2004; to the Committee on Finance. tration’s Fiscal Year 2004 Performance and EC–9986. A communication from the Dep- EC–9996. A communication from the Acting Accountability Report; to the Committee on uty Associate Administrator, Environmental Chief, Publications and Regulations Branch, Finance. Protection Agency, transmitting, pursuant Internal Revenue Service, transmitting, pur- EC–10008. A communication from the Regu- to law, the report of a rule entitled ‘‘Maine: suant to law, the report of a rule entitled lations Coordinator, Centers for Medicare Final Authorization of State Hazardous ‘‘Annual Pension Plan, etc., Cost-of-Living Management, Department of Health and Waste Management Program Revision’’ Adjustments for 2005’’ (Notice 2004–72) re- Human Services, transmitting, pursuant to (FRL#7835–9) received on November 16, 2004; ceived on November 16, 2004; to the Com- law, the report of a rule entitled ‘‘Medicare to the Committee on Environment and Pub- mittee on Finance. Program; Coverage and Payment of Ambu- lic Works. EC–9997. A communication from the Acting lance Services; Recalibration of Conversion EC–9987. A communication from the Dep- Chief, Publications and Regulations Branch, Factor; Inflation Update for CY 2005’’ uty Associate Administrator, Environmental Internal Revenue Service, transmitting, pur- (RIN0938–AN20) received on November 5, 2004; Protection Agency, transmitting, pursuant suant to law, the report of a rule entitled to the Committee on Finance. to law, the report of a rule entitled ‘‘Ap- ‘‘2005 Annual Covered Compensation Tables’’ EC–10009. A communication from the As- proval and Promulgation of Air Quality Im- (Rev. Rul. 2004–104) received on November 16, sistant Legal Adviser for Treaty Affairs, De- plementation Plan; Pennsylvania; Control of 2004; to the Committee on Finance. partment of State, transmitting, pursuant to Volatile Organic Compound Emissions from EC–9998. A communication from the Acting law, the report of the texts and background AIM Coatings’’ (FRL#7835–4) received on No- Chief, Publications and Regulations Branch, statements of international agreements vember 16, 2004; to the Committee on Envi- Internal Revenue Service, transmitting, pur- other than treaties; to the Committee on ronment and Public Works. suant to law, the report of a rule entitled Foreign Relations. EC–9988. A communication from the Dep- ‘‘Payments Under or to an Annuity Contract EC–10010. A communication from the As- uty Associate Administrator, Environmental Described in Section 403(b)’’ (RIN1545–BD50) sistant Legal Adviser for Treaty Affairs, De- Protection Agency, transmitting, pursuant received on November 16, 2004; to the Com- partment of State, transmitting, pursuant to to law, the report of a rule entitled ‘‘Ap- mittee on Finance. law, the report an agreement between the proval and Promulgation of State Implemen- EC–9999. A communication from the Acting United States and Taiwan; to the Committee tation Plans: Oregon’’ (FRL#7835–2) received Chief, Publications and Regulations Branch, on Foreign Relations. on November 16, 2004; to the Committee on Internal Revenue Service, transmitting, pur- EC–10011. A communication from the As- Environment and Public Works. suant to law, the report of a rule entitled sistant Legal Adviser for Legislative Affairs, EC–9989. A communication from the Dep- ‘‘Actuarial Assumptions Under Section 101 of Department of State, transmitting, pursuant uty Associate Administrator, Environmental Pension Funding Equity Act’’ (Notice 2004– to law, the report relative to the United

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.123 S19PT2 S11638 CONGRESSIONAL RECORD — SENATE November 19, 2004 States-Cuba September 1994 ‘‘Joint Commu- the Arms Export Control Act, the certifi- EC–10034. A communication from the nique’’; to the Committee on Foreign Rela- cation of a proposed license for the export of Chairman of the Council of the District of tions. major defense equipment valued at $25,000,000 Columbia, transmitting, pursuant to law, the EC¥10012. A communication from the As- or more to the Netherlands and Romania; to report of D.C. Act 15–574, ‘‘Fiscal Year-End sistant Secretary for Legislative Affairs, De- the Committee on Foreign Relations. State Aid Re-Allocation Temporary Act of partment of State, transmitting, pursuant to EC–10022. A communication from the 2004’’; to the Committee on Governmental law, a report relative to the participation of Chairman of the Council of the District of Affairs. Taiwan in the World Health Organization; to Columbia, transmitting, pursuant to law, the EC–10035. A communication from the the Committee on Foreign Relations. report of D.C. Act 15–563, ‘‘Pedestrian Pro- Chairman of the Council of the District of EC–10013. A communication from the As- tection Right-of-Way at Crosswalks Amend- Columbia, transmitting, pursuant to law, the sistant Legal Adviser for Treaty Affairs, De- ment Act of 2004’’; to the Committee on Gov- report of D.C. Act 15–575, ‘‘Unemployment partment of State, transmitting, pursuant to ernmental Affairs. Compensation Funds Appropriation Author- law, the report of the texts and background EC–10023. A communication from the ization Temporary Act of 2004’’; to the Com- statements of international agreements Chairman of the Council of the District of mittee on Governmental Affairs. other than treaties; to the Committee on Columbia, transmitting, pursuant to law, the EC–10036. A communication from the Foreign Relations. report of D.C. Act 15–564, ‘‘Miscellaneous Ve- Chairman of the Council of the District of EC–10014. A communication from the As- hicles Helmet Safety Act of 2004’’; to the Columbia, transmitting, pursuant to law, the sistant Secretary for Legislative Affairs, De- Committee on Governmental Affairs. report of D.C. Act 15–576, ‘‘Housing and Com- partment of State, transmitting, pursuant to EC–10024. A communication from the munity Development Reform Advisory Com- the Arms Export Control Act, the certifi- Chairman of the Council of the District of mission Extension Temporary Amendment cation of a proposed manufacturing license Columbia, transmitting, pursuant to law, the Act of 2004’’; to the Committee on Govern- agreement for the manufacture of significant report of D.C. Act 15–565, ‘‘District of Colum- mental Affairs. military equipment abroad; to the Com- bia Statehood Delegation Fund Commission EC–10037. A communication from the mittee on Foreign Relations. Establishment and Tax Check-Off Amend- Chairman of the Council of the District of EC–10015. A communication from the As- ment Act of 2004’’; to the Committee on Gov- Columbia, transmitting, pursuant to law, the sistant Secretary for Legislative Affairs, De- ernmental Affairs. report of D.C. Act 15–577, ‘‘Anesthesiologist EC–10025. A communication from the partment of State, transmitting, pursuant to Assistant Licensure Amendment Act of Chairman of the Council of the District of the Arms Export Control Act, the certifi- 2004’’; to the Committee on Governmental Columbia, transmitting, pursuant to law, the cation of a proposed manufacturing license Affairs. report of D.C. Act 15–566, ‘‘Prevention of Pre- agreement for the manufacture of significant EC–10038. A communication from the Act- mature Release of Mentally Incompetent De- military equipment abroad; to the Com- ing Chief, Publications and Regulations fendants Amendment Act of 2004’’; to the mittee on Foreign Relations. Branch, Internal Revenue Service, transmit- EC–10016. A communication from the As- Committee on Governmental Affairs. EC–10026. A communication from the ting, pursuant to law, the report of a rule en- sistant Secretary for Legislative Affairs, De- Chairman of the Council of the District of titled ‘‘Section 846 Discount Factor for 2004’’ partment of State, transmitting, pursuant to Columbia, transmitting, pursuant to law, the (Rev. Proc. 2004–69) received on November 18, the Arms Export Control Act, the certifi- report of D.C. Act 15–567, ‘‘Retail Natural 2004; to the Committee on Finance. cation of a proposed manufacturing license Gas Supplier Licensing and Consumer Pro- EC–10039. A communication from the Act- agreement for the manufacture of significant tection Act of 2004’’; to the Committee on ing Chief, Publications and Regulations military equipment abroad and the export of Governmental Affairs. Branch, Internal Revenue Service, transmit- defense services in the amount of $100,000,000 EC–10027. A communication from the ting, pursuant to law, the report of a rule en- or more to the United Kingdom and Italy; to Chairman of the Council of the District of titled ‘‘Section 832 Discount Factors for the Committee on Foreign Relations. Columbia, transmitting, pursuant to law, the 2004’’ (Rev. Proc. 2004–70) received on Novem- EC–10017. A communication from the As- report of D.C. Act 15–568, ‘‘Historic Preserva- ber 18, 2004; to the Committee on Finance. sistant Secretary for Legislative Affairs, De- tion Process for Public Safety Facilities EC–10040. A communication from the Com- partment of State, transmitting, pursuant to Amendment Act of 2004’’; to the Committee mandant, United States Coast Guard, trans- the Arms Export Control Act, the certifi- on Governmental Affairs. mitting, pursuant to law, a report relative to cation of a proposed license for the export of EC–10028. A communication from the the life cycle costs and benefits of creating a defense articles that are firearms to be sold Chairman of the Council of the District of Center for Coastal and Maritime Security; to commercially under a contract in the Columbia, transmitting, pursuant to law, the the Committee on Commerce, Science, and amount of $1,000,000 or more to Austria, Bel- report of D.C. Act 15–587, ‘‘Property Manage- Transportation. gium, Czech Republic, Denmark, Finland, ment Reform Amendment Act of 2004’’; to EC–10041. A communication from the Sec- France, Germany, Greece, Hungary, Italy, the Committee on Governmental Affairs. retary of Education, transmitting, pursuant Ireland, Luxembourg, Netherlands, Norway, EC–10029. A communication from the to law, the Department of Education’s Fiscal Portugal, Poland, Spain, Sweden, Switzer- Chairman of the Council of the District of Year 2004 Performance and Accountability land, and United Kingdom; to the Committee Columbia, transmitting, pursuant to law, the Report; to the Committee on Governmental on Foreign Relations. report of D.C. Act 15–569, ‘‘Public Assistance Affairs. EC–10018. A communication from the As- Confidentiality of Information Temporary EC–10042. A communication from the Dep- sistant Secretary for Legislative Affairs, De- Amendment Act of 2004’’; to the Committee uty Director of Communications and Legis- partment of State, transmitting, pursuant to on Governmental Affairs. lative Affairs, Equal Employment Oppor- the Arms Export Control Act, the certifi- EC–10030. A communication from the tunity Commission, transmitting, pursuant cation of a proposed license the manufacture Chairman of the Council of the District of to law, the Commission’s Fiscal Year 2004 of major defense equipment and defense arti- Columbia, transmitting, pursuant to law, the Performance and Accountability Report; to cles in the amount of $50,000,000 or more to report of D.C. Act 15–570, ‘‘Low-Income Hous- the Committee on Governmental Affairs. France, Russia, Spain, Sweden, and ing Tax Credit Fund Temporary Act of 2004’’; EC–10043. A communication from the Di- Kazhakztan; to the Committee on Foreign to the Committee on Governmental Affairs. rector, U.S. Trade and Development Agency, Relations. EC–10031. A communication from the transmitting, pursuant to law, the Agency’s EC–10019. A communication from the As- Chairman of the Council of the District of annual financial audit for Fiscal Year 2004; sistant Secretary for Legislative Affairs, De- Columbia, transmitting, pursuant to law, the to the Committee on Governmental Affairs. partment of State, transmitting, pursuant to report of D.C. Act 15–571, ‘‘Contract No. EC–10044. A communication from the Exec- the Arms Export Control Act, the certifi- DCFJ–2004–B–0031 (Delivery of Electrical utive Director, United States-Mexico Border cation of a proposed license for the export of Power and Ancillary Services) Exemption Health Commission, transmitting, pursuant defense articles or defense services sold com- Temporary Amendment Act of 2004’’; to the to law, the Commission’s 2004 Annual Re- mercially under a contract in the amount of Committee on Governmental Affairs. port; to the Committee on Foreign Rela- $50,000,000 to Israel; to the Committee on EC–10032. A communication from the tions. Foreign Relations. Chairman of the Council of the District of EC–10045. A communication from the EC–10020. A communication from the As- Columbia, transmitting, pursuant to law, the Chairman, Defense Nuclear Facilities Safety sistant Secretary for Legislative Affairs, De- report of D.C. Act 15–572, ‘‘Distracted Driving Board, transmitting, pursuant to law, the partment of State, transmitting, pursuant to Safety Revised Temporary Amendment Act Board’s financial statements for Fiscal Year the Arms Export Control Act, the certifi- of 2004’’; to the Committee on Governmental 2004; to the Committee on Governmental Af- cation of a proposed license for the export of Affairs. fairs. defense articles or defense services sold com- EC–10033. A communication from the EC–10046. A communication from the Act- mercially under a contract in the amount of Chairman of the Council of the District of ing Director, Office of General Counsel and $50,000,000 to the United Kingdom and Columbia, transmitting, pursuant to law, the Legal Policy, Office of Government Ethics, France; to the Committee on Foreign Rela- report of D.C. Act 15–573, ‘‘Unclaimed Prop- transmitting, pursuant to law, the report of tions. erty Demutualization Proceeds Technical a rule entitled ‘‘Revisions to the Certificates EC–10021. A communication from the As- Correction Amendment Temporary Act of of Divestiture Regulation’’ (RIN3209–AA00) sistant Secretary for Legislative Affairs, De- 2004’’; to the Committee on Governmental received on November 16, 2004; to the Com- partment of State, transmitting, pursuant to Affairs. mittee on Governmental Affairs.

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.126 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11639 EC–10047. A communication from the S. 1963. A bill to amend the Communica- Transportation I report favorably the Chairman, Merit Systems Protection Board, tions Act of 1934 to protect the privacy right following nomination lists which were transmitting, pursuant to law, a report enti- of subscribers to wireless communication printed in the RECORD on the dates in- tled ‘‘Identifying Talent Through Automated services. dicated, and ask unanimous consent to Hiring Systems in Federal Agencies’’; to the S. 2145. A bill to regulate the unauthorized Committee on Governmental Affairs. installation of computer software, to require save the expense of reprinting on the EC–10048. A communication from the clear disclosure to computer users of certain the Executive Calendar that these Chairman, Board of Governors of the Federal computer software features that may pose a nominations lie at the Secretary’s desk Reserve System, transmitting, pursuant to threat to user privacy, and for other pur- for the information of Senators. law, the report of the Office of Inspector poses. The PRESIDING OFFICER. Without General for the six-month period ending Sep- S. 2281. A bill to provide a clear and unam- objection, it is so ordered. tember 30, 2004; to the Committee on Govern- biguous structure for the jurisdictional and Coast Guard nominations beginning Gerard mental Affairs. regulatory treatment for the offering or pro- P. Achenbach and ending Elizabeth D Young, EC–10049. A communication from the vision of voice-over-Internet-protocol appli- which nominations were received by the Sen- Chairman, Broadcasting Board of Governors, cations, and for other purposes. ate and appeared in the CONGRESSIONAL transmitting, pursuant to law, the Board’s By Mr. MCCAIN, from the Committee on RECORD on September 23, 2004. Fiscal Year 2004 Performance and Account- Commerce, Science, and Transportation, Coast Guard nominations beginning Joel ability Report; to the Committee on Govern- with an amendment: A. Amundson and ending Joseph M. Zwack, mental Affairs. S. 2505. A bill to implement the rec- which nominations were received by the Sen- EC–10050. A communication from the Di- ommendations of the Federal Communica- ate and appeared in the CONGRESSIONAL rector, Office of Personnel Management, tions Commission report to the Congress re- RECORD on November 16, 2004. transmitting, pursuant to law, the Office’s garding low power FM service. Performance and Accountability Report for By Mr. MCCAIN, from the Committee on *Nomination was reported with rec- Fiscal Year 2004; to the Committee on Gov- Commerce, Science, and Transportation, ommendation that it be confirmed sub- ernmental Affairs. with an amendment in the nature of a sub- ject to the nominees’s commitment to EC–10051. A communication from the Di- stitute: respond to requests to appear and tes- rector, Office of Personnel Management, S. 2644. A bill to amend the Communica- tify before any duly constituted com- transmitting, pursuant to law, the report of tions Act of 1934 with respect to the carriage a rule entitled ‘‘Interim Regulations on No- of direct broadcast satellite television sig- mittee of the Senate. tification of Post-Employment Restrictions’’ nals by satellite carriers to consumers in (Nominations without an asterisk received on November 3, 2004; to the Com- rural areas, and for other purposes. were reported with the recommenda- mittee on Governmental Affairs. By Mr. MCCAIN, from the Committee on tion that they be confirmed.) EC–10052. A communication from the Di- Commerce, Science, and Transportation, f rector of the Selective Service System, with amendments: transmitting, pursuant to law, the System’s S. 2820. A bill to ensure the availability of INTRODUCTION OF BILLS AND Performance and Accountability Report for certain spectrum for public safety entities JOINT RESOLUTIONS Fiscal Year 2004; to the Committee on Gov- by amending the Communications Act of 1934 ernmental Affairs. to establish January 1, 2009, as the date by The following bills and joint resolu- EC–10053. A communication from the Coun- which the transition to digital television tions were introduced, read the first sel to the Inspector General, General Serv- shall be completed, and for other puropses. and second times by unanimous con- ices Administration, transmitting, pursuant f sent, and referred as indicated: to law, the report of a nomination for the po- By Mr. GRASSLEY: sition of Inspector General, General Services EXECUTIVE REPORTS OF S. 12. A bill to amend the procedures that Administration, received on November 15, COMMITTEES apply to consideration of interstate class ac- 2004; to the Committee on Governmental Af- tions to assure fairer outcomes for class fairs. The following executive reports of members and defendants, and for other pur- EC–10054. A communication from the committees were submitted: poses; to the Committee on the Judiciary. Chairman, Federal Maritime Commission, By Mr. WARNER for the Committee on By Mrs. LINCOLN: transmitting, pursuant to law, the Commis- Armed Services. S. 3008. A bill to direct the Secretary of the sion’s Revised Final Annual Performance Air Force nomination of Col. Guy K. Interior to study the suitability and feasi- Plan for Fiscal Year 2005; to the Committee Dahlbeck. bility of designating the Wolf House, located on Governmental Affairs. Air Force nomination of Col. Brent E. in Norfolk, Arkansas, as a unit of the Na- Winget. f tional Park System, and for other purposes; Army nomination of Maj. Gen. Robert L. to the Committee on Energy and Natural Re- REPORTS OF COMMITTEES Van Antwerp, Jr. sources. Army nomination of Brig. Gen. Jason K. The following reports of committees By Mr. BOND (for himself, Ms. MIKUL- Kamiya. were submitted: SKI, Mr. BENNETT, and Mr. HARKIN): Army nomination of Col. Keith L. S. 3009. A bill to establish a Division of By Mr. MCCAIN, from the Committee on Thurgood. Food and Agricultural Science within the Commerce, Science, and Transportation, Army nomination of Colonel Michael J. National Science Foundation and to author- with amendments: Lally III. ize funding for the support of fundamental S. 2393. A bill to improve aviation security By Mr. MCCAIN for the Committee on agricultural research of the highest quality, (Rept. No. 108–417). Commerce, Science, and Transportation. and for other purposes; to the Committee on S. 2541. A bill to reauthorize and restruc- *Gay Hart Gaines, of Florida, to be a Mem- Agriculture, Nutrition, and Forestry. ture the National Aeronautics and Space Ad- ber of the Board of Directors of the Corpora- By Mr. SCHUMER: ministration, and for other purposes (Rept. tion for Public Broadcasting for a term ex- S. 3010. A bill to amend the Federal Fire No. 108–418). piring January 31, 2010. Prevention and Control Act of 1974 to au- By Mr. SPECTER, from the Committee on *Claudia Puig, of Florida, to be a Member thorize the Administrator of the United Veterans’ Affairs, with an amendment in the of the Board of Directors of the Corporation States Fire Administration to provide assist- nature of a substitute: for Public Broadcasting for a term expiring ance to firefighting task forces, and for other S. 1153. A bill to amend title 38, United January 31, 2008. purposes; to the Committee on Commerce, States Code, to permit medicare-eligible vet- *Ernest J. Wilson III, of Maryland, to be a Science, and Transportation. erans to receive an out-patient medication Member of the Board of Directors of the Cor- By Mr. DAYTON (for himself and Mr. benefit, to provide that certain veterans who poration for Public Broadcasting for a term LOTT): receive such benefit are not otherwise eligi- expiring January 31, 2010. S. 3011. A bill to amend title XVIII of the ble for medical care and services from the *James S. Simpson, of New York, to be a Social Security Act to provide payments to Department of Veterans Affairs, and for Member of the Advisory Board of the Saint Medicare ambulance suppliers of the full other purposes (Rept. No. 108–419). Lawrence Seaway Development Corporation. By Mr. MCCAIN, from the Committee on cost or furnishing such services, to provide *Harold Jennings Creel, Jr., of South Caro- Commerce, Science, and Transportation, payments to rural ambulance providers, and lina, to be a Federal Maritime Commissioner without amendment: suppliers to account for the cost of serving for the term expiring June 30, 2009. S. 1380. A bill to distribute universal serv- areas with low population density, and for *Jonathan Steven Adelstein, of South Da- ice support equitably throughout rural other purposes; to the Committee on Fi- kota, to be a Member of the Federal Commu- America, and for other purposes. nance. nications Commission for a term expiring By Mr. MCCAIN, from the Committee on By Mr. DODD (for himself and Mr. June 30, 2008. Commerce, Science, and Transportation, LIEBERMAN): with an amendment in the nature of a sub- Mr. MCCAIN. Mr. President, for the S. 3012. A bill to ensure a balanced survey stitute: Committee on Commerce, Science, and of taxpayers in any system of

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.128 S19PT2 S11640 CONGRESSIONAL RECORD — SENATE November 19, 2004 precertification for the earned income tax S. Res. 477. A resolution expressing the (Ms. CANTWELL) was added as a cospon- credit; to the Committee on Finance. sense of the Senate in support of a reinvigo- sor of S. 2382, a bill to establish grant By Mr. SESSIONS (for himself, Mr. rated United States vision of freedom, peace, programs for the development of tele- and democracy in the Middle East; consid- DURBIN, and Mr. KENNEDY): communications capacities in Indian S. 3013. A bill to provide for the establish- ered and agreed to. ment of a controlled substance monitoring By Mr. FRIST: country. program in each State; to the Committee on S. Res. 478. A resolution relating to dis- S. 2395 Health, Education, Labor, and Pensions. placed staff members of Senators and Senate At the request of Mr. CONRAD, the By Ms. SNOWE (for herself, Mr. leaders; considered and agreed to. name of the Senator from Wyoming By Mr. SCHUMER (for himself and Mr. BREAUX, Mr. VOINOVICH, Mr. LEVIN, (Mr. THOMAS) was added as a cosponsor TALENT): and Mr. DEWINE): of S. 2395, a bill to require the Sec- S. 3014. A bill to reauthorize the Harmful S. Con. Res. 150. A concurrent resolution Algal Bloorm and Hypoxia Research and expressing the sense of Congress with respect retary of the Treasury to mint coins in Control Act of 1998, and for other purposes; to the murder of Emmett Till; to the Com- commemoration of the centenary of considered and passed. mittee on the Judiciary. the bestowal of the Nobel Peace Prize By Mr. BAYH: By Mr. DOMENICI: on President Theodore Roosevelt, and S. Con. Res. 151. A concurrent resolution S. 3015. A bill for the relief of Fatuka recognizing the essential role that the Atom- for other purposes. Kaikumba Flake; to the Committee on the ic Energy Act of 1954 has played in develop- S. 2468 Judiciary. ment of peaceful uses of atomic energy; to At the request of Ms. COLLINS, the By Mr. McCONNELL (for himself and the Committee on Environment and Public name of the Senator from Nebraska Mr. LUGAR): Works. S. 3016. A bill to promote freedom, eco- (Mr. NELSON) was added as a cosponsor nomic growth, and security in Asia, and for f of S. 2468, a bill to reform the postal other purposes; to the Committee on Foreign ADDITIONAL COSPONSORS laws of the United States. Relations. S. 2553 By Mr. EDWARDS: S. 585 At the request of Mr. DODD, the name S. 3017. A bill to provide for the settlement At the request of Mr. HAGEL, his of the claims of Swain County, North Caro- name was added as a cosponsor of S. of the Senator from New York (Mr. lina, against the United States under the 585, a bill to amend title 10, United SCHUMER) was added as a cosponsor of agreement dated July 30, 1943; to the Com- States Code, to repeal the requirement S. 2553, a bill to amend title XVIII of mittee on Energy and Natural Resources. for reduction of SBP survivor annuities the Social Security Act to provide for By Mr. GRASSLEY: by dependency and indemnity com- coverage of screening ultrasound for S. 3018. A bill to direct the Inspector Gen- pensation. abdominal aortic aneurysms under part eral of the Department of Justice to submit S. 983 B of the medicare program. semi-annual reports regarding settlements relating to false claims and fraud against the At the request of Mr. CHAFEE, the S. 2568 Federal Government; to the Committee on name of the Senator from Missouri At the request of Mr. BIDEN, the the Judiciary. (Mr. TALENT) was added as a cosponsor names of the Senator from South Caro- By Mr. GRASSLEY (for himself and of S. 983, a bill to amend the Public lina (Mr. GRAHAM), the Senator from Mr. BAUCUS): Health Service Act to authorize the Di- Alaska (Ms. MURKOWSKI), the Senator S. 3019. A bill to amend the Internal Rev- rector of the National Institute of En- from West Virginia (Mr. ROCKEFELLER) enue Code of 1986 to make technical correc- vironmental Health Sciences to make and the Senator from Wyoming (Mr. tions, and for other purposes; to the Com- grants for the development and oper- mittee on Finance. THOMAS) were added as cosponsors of S. By Mr. DODD: ation of research centers regarding en- 2568, a bill to require the Secretary of S. 3020. A bill to establish protections vironmental factors that may be re- the Treasury to mint coins in com- against compelled disclosure of sources, and lated to the etiology of breast cancer. memoration of the tercentenary of the news or information, by persons providing S. 1813 birth of Benjamin Franklin, and for services for the news media; to the Com- At the request of Mr. LEAHY, the other purposes. mittee on the Judiciary. name of the Senator from New Jersey S. 2713 f (Mr. CORZINE) was added as a cosponsor At the request of Mr. DOMENICI, the of S. 1813, a bill to prohibit profiteering names of the Senator from New Mexico SUBMISSION OF CONCURRENT AND and fraud relating to military action, SENATE RESOLUTIONS (Mr. BINGAMAN) and the Senator from relief, and reconstruction efforts in Vermont (Mr. JEFFORDS) were added as The following concurrent resolutions Iraq, and for other purposes. cosponsors of S. 2713, a bill to amend and Senate resolutions were read, and S. 1889 the Public Health Service Act to revise referred (or acted upon), as indicated: At the request of Mrs. LINCOLN, the the amount of minimum allotments By Ms. LANDRIEU (for herself, Mr. name of the Senator from New Jersey under the Projects for Assistance in CRAIG, Mr. BOND, Mr. DEWINE, Mr. (Mr. LAUTENBERG) was added as a co- Transition from Homelessness pro- FITZGERALD, Mr. LEVIN, Mr. sponsor of S. 1889, a bill to amend titles gram. SANTORUM, Ms. STABENOW, Ms. MUR- XIX and XXI of the Social Security Act S. 2722 KOWSKI, Mr. JOHNSON, Mr. to permit States to cover low-income BROWNBACK, Mr. NICKLES, Mr. youth up to age 23 with an enhanced At the request of Mr. DURBIN, the INHOFE, Mr. JEFFORDS, and Ms. matching rate. name of the Senator from Maryland SNOWE): (Mr. SARBANES) was added as a cospon- S. 1968 S. Res. 474. A resolution to express support sor of S. 2722, a bill to maintain and ex- for the goals of National Adoption Month by At the request of Mr. ENZI, the names pand the steel import licensing and promoting national awareness of adoption, of the Senator from Washington (Ms. monitoring program. celebrating children and families involved in CANTWELL) and the Senator from Penn- adoption, and encouraging Americans to se- sylvania (Mr. SANTORUM) were added as S. 2779 cure safety, permanency, and well being for cosponsors of S. 1968, a bill to amend At the request of Mr. DOMENICI, the all children; considered and agreed to. the Higher Education Act of 1965 to en- name of the Senator from Illinois (Mr. By Mr. COLEMAN (for himself, Mr. hance literacy in finance and econom- DURBIN) was added as a cosponsor of S. FEINGOLD, Mr. KOHL, and Mr. DAY- 2779, a bill to improve protections for TON): ics, and for other purposes. S. Res. 475. A resolution to condemn S. 2338 children and to hold States account- human rights abuses in Laos; considered and At the request of Mr. HAGEL, his able for the orderly and timely place- agreed to. name was added as a cosponsor of S. ment of children across State lines, By Mr. ALEXANDER (for himself and 2338, a bill to amend the Public Health and for other purposes. Mr. DODD): Service Act to provide for arthritis re- S. 2873 S. Res. 476. A resolution supporting the search and public health, and for other At the request of Mr. LEAHY, the goals, activities, and ideals of National Pre- maturity Awareness Month; considered and purposes. names of the Senator from Utah (Mr. agreed to. S. 2382 HATCH), the Senator from Mississippi By Mr. FRIST (for himself and Mr. At the request of Mr. INOUYE, the (Mr. LOTT), the Senator from New York REID): name of the Senator from Washington (Mr. SCHUMER) and the Senator from

VerDate Aug 04 2004 00:05 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.131 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11641 Texas (Mr. CORNYN) were added as co- (Mr. LOTT) was added as a cosponsor of petitors around the world, again, be- sponsors of S. 2873, a bill to extend the S. Con. Res. 141, a concurrent resolu- cause of new practices, diligence on the authority of the United States District tion recognizing the essential role of part of farmers, and new technology. Court for the Southern District of Iowa nuclear power in the national energy In a world that has a decreasing to hold court in Rock Island, Illinois. policy of the United States and sup- amount of soil available for cultiva- At the request of Mr. GRASSLEY, the porting the increased use of nuclear tion, we have a growing population and name of the Senator from Vermont power and the construction and devel- we still have 800 million children who (Mr. LEAHY) was added as a cosponsor opment of new and improved nuclear are hungry or malnourished through- of S. 2873 , supra. power generating plants. out the world. As some have said: A S. 2889 S. CON. RES. 148 person who is well fed can have many At the request of Mr. ALEXANDER, the At the request of Mr. BINGAMAN, the problems. A person who is hungry has names of the Senator from Connecticut names of the Senator from New Mexico but one problem. Unless we maximize ODD (Mr. D ), the Senator from Missouri (Mr. DOMENICI) and the Senator from technology and new practices, produc- (Mr. BOND), the Senator from Nebraska Texas (Mr. CORNYN) were added as co- tion will continue to overtax the (Mr. HAGEL), the Senator from Utah sponsors of S. Con. Res. 148, a concur- world’s natural resources. (Mr. HATCH), the Senator from North rent resolution honoring the life and Many people legitimately have raised Carolina (Mr. EDWARDS), the Senator contribution of Yogi Bhajan, a leader concerns regarding new diseases and from Pennsylvania (Mr. SPECTER), the of the Sikhs, and expressing condo- pests and related food safety issues. Senator from Ohio (Mr. DEWINE), the lences to the Sikh community on his And they are growing. The leading Senator from Georgia (Mr. CHAMBLISS), passing. competitiveness of our U.S. producers the Senator from Missouri (Mr. TAL- is only as solid as our willingness to in- S. RES. 436 ENT), the Senator from Wyoming (Mr. vest in forward-looking investments THOMAS), the Senator from Minnesota At the request of Mr. REID, the name and build upon our historic successes. (Mr. DAYTON), the Senator from Indi- of the Senator from Idaho (Mr. CRAIG) Now, we also know from past experi- ana (Mr. BAYH), the Senator from New was added as a cosponsor of S. Res. 436, ence that with new technology the Hampshire (Mr. GREGG), the Senator a resolution designating the second doors are being opened to novel new from Oregon (Mr. SMITH) and the Sen- Sunday in the month of December 2004 uses of renewable agricultural products ator from Texas (Mrs. HUTCHISON) were as ‘‘National Children’s Memorial in the fields of energy, medicine, and added as cosponsors of S. 2889, a bill to Day’’. industrial products. In the future, we require the Secretary of the Treasury f can make our farm fields and farm ani- to mint coins celebrating the recovery mals factories for everyday products, and restoration of the American bald STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS fuels, and medicines in a way that is ef- eagle, the national symbol of the ficient and better preserves our natural United States, to America’s lands, wa- By Mr. BOND (for himself, Ms. resources. Advances in the life sciences terways, and skies and the great im- MIKULSKI, Mr. BENNETT, and have come about, such as genetics, portance of the designation of the Mr. HARKIN): proteomics, and cell and molecular bi- American bald eagle as an endangered S. 3009. A bill to establish a Division ology. They are providing the base for species under the Endangered Species of Food and Agricultural Science with- new and continuing agricultural inno- Act of 1973, and for other purposes. in the National Science Foundation vations. S. 2966 and to authorize funding for the sup- It was only about a dozen years ago At the request of Mr. CRAIG, the port of fundamental agricultural re- that farmers in Missouri came to me to name of the Senator from Montana search of the highest quality, and for tell me about the potential that ge- (Mr. BURNS) was added as a cosponsor other purposes; to the Committee on netic engineering and plant bio- of S. 2966, a bill to amend the Internal Agriculture, Nutrition, and Forestry. technology had for improving the pro- Revenue Code of 1986 to provide for a Mr. BOND. I rise today to introduce duction of food, and doing so with less nonrefundable tax credit against in- legislation with Senator MIKULSKI, impact on the environment, providing come tax for individuals who purchase Senator BENNETT, and Senator HARKIN more nutritious food. Since that time, a residential safe storage device for the to establish a division of food and agri- I have had a wonderful, continuing edu- safe storage of firearms. cultural science within the National cation, not in how it works but what it S. 2994 Science Foundation to support funda- can do. At the request of Ms. SNOWE, the mental agricultural research of the We know now, for example, that in names of the Senator from Montana highest quality. I present this to begin hungry areas of the world as many as (Mr. BAUCUS), the Senator from Kansas a critical discussion that I believe we half a million children go blind from (Mr. BROWNBACK) and the Senator from must have over the next several vitamin A deficiency, and maybe a mil- South Dakota (Mr. JOHNSON) were months and perhaps over the next year lion die from vitamin A deficiency. added as cosponsors of S. 2994, a bill to or so about how we are going to ensure Well, through plant biotechnology, the provide that funds received as uni- we capitalize on the technology to International Rice Research Institute versal service contributions under sec- maximize the benefits and minimize in the Philippines has developed Gold- tion 254 of the Communications Act of the costs of our agricultural produc- en Rice, taking a gene from the sun- 1934 and the universal service support tion. flower, a beta-carotene gene, and they programs established pursuant thereto We remain the world leader in food enrich the rice. The Golden Rice now are not subject to certain provisions of and fiber production. We do it safely has that vitamin A, and that is going title 31, United States Code, commonly and through technology and the hard to make a significant difference in known as the Antideficiency Act, for a work of the American farmer. In the dealing with malnutrition. period of time. past half century, the number of people We also know that in many areas of S. 3000 fed by a single U.S. farm has grown the world, where agricultural produc- At the request of Mr. KOHL, his name from 19 to 129. We have a tremendously tion has overtaxed the land, where was added as a cosponsor of S. 3000, a innovative agricultural research pro- drought has cut the production, where bill to postpone the extension of nor- gram. Our farmers, our farm leaders virus has plagued production, the way mal trade relations to the products of are on the cutting edge of developing we can make farmers self-sufficient, Laos. new technology. And we have seen the where we can restore the farm econ- At the request of Mr. COLEMAN, the innovations continue to come down the omy in many of these countries, is name of the Senator from Minnesota pike. This has made it possible for one through plant biotechnology. (Mr. DAYTON) was added as a cosponsor farmer to feed 129 people. But this is just the beginning. This of S. 3000, supra. In addition, we export $60 billion legislation I am introducing today is a S. CON. RES. 141 worth of agricultural products, and we discussion draft which I hope is going At the request of Mr. DOMENICI, the do so at less cost and at less harm to to lay the foundation for tremendous name of the Senator from Mississippi the environment than any of our com- advances in the future.

VerDate Aug 04 2004 01:08 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.132 S19PT2 S11642 CONGRESSIONAL RECORD — SENATE November 19, 2004 This legislation stems from findings S. 3009 ganisms work is critical to continued inno- and recommendations produced by a Be it enacted by the Senate and House of Rep- vation in agriculture in the United States. distinguished group of scientists work- resentatives of the United States of America in Such future innovations are dependent on ing on the Agricultural Research, Eco- Congress assembled, fundamental scientific research, and will be SECTION. 1. SHORT TITLE. enhanced by ideas and technologies from nomics and Education Task Force, other fields of science and research. which I was honored to be able to in- This Act may be cited as the ‘‘National Food and Agricultural Science Act of 2004’’. (4) Opportunities to advance fundamental clude in the 2002 farm bill. The distin- SEC. 2. DEFINITIONS. knowledge of benefit to agriculture in the guished task force was led by Dr. Wil- In this Act: United States have never been greater. Many liam H. Danforth, of St. Louis, the (1) COUNCIL.—The term ‘‘Council’’ means of these new opportunities are the result of brother of our former distinguished the Standing Council of Advisors established amazing progress in the life sciences over re- colleague, Senator Jack Danforth. Dr. under section 4(c). cent decades, attributable in large part to Bill Danforth has a tremendous reputa- (2) DIRECTOR.—Except as otherwise pro- the provision made by the Federal Govern- vided in this Act, the term ‘‘Director’’ means ment through the National Institutes of tion in science and in education, with a Health and the National Science Foundation. commitment to human welfare and is the Director of Food and Agricultural Science. New technologies and new concepts have known worldwide. He was joined by Dr. (3) DIVISION.—The term ‘‘Division’’ means speeded advances in the fields of genetics, Nancy Betts, the University of Ne- the Division of Food and Agricultural cell and molecular biology, and proteomics. braska; Mr. Michael Bryan, president Science established under section 4(a). Much of this scientific knowledge is ready to of BBI International; Dr. Richard (4) FOUNDATION.—The term ‘‘Foundation’’ be mined for agriculture and food sciences, Coombe, the Watershed Agricultural means the National Science Foundation. through a sustained, disciplined research ef- Council; Dr. Victor Lechtenbert, Pur- (5) FUNDAMENTAL AGRICULTURAL RESEARCH; fort at an institute dedicated to this re- FUNDAMENTAL SCIENCE.—The terms ‘‘funda- search. due University; Dr. Luis Sequeira, the (5) Publicly sponsored research is essential University of Wisconsin; Dr. Robert mental agricultural research’’ and ‘‘funda- mental science’’ mean fundamental research to continued agricultural innovation to miti- Wideman, the University of Arkansas; or science that— gate or harmonize the long-term effects of and Dr. H. Alan Wood, Mississippi (A) advances the frontiers of knowledge so agriculture on the environment, to enhance State University. as to lead to practical results or to further the long-term sustainability of agriculture, I extend my congratulations and my scientific discovery; and and to improve the public health and wel- sincere gratitude to Dr. Danforth and (B) has an effect on agriculture, food, fare. his team for providing the basis and human health, or another purpose of this (6) Competitive, peer-reviewed funda- the roadmap to ensure we have the Act, as described in section 3(b). mental agricultural research is best suited (6) SECRETARY.—The term ‘‘Secretary’’ to promoting the fundamental research from mechanisms in place to solve the prob- which breakthrough innovations that agri- lems and capitalize on the opportuni- means the Secretary of Agriculture. (7) UNITED STATES.—The term ‘‘United culture and society require will come. ties in agricultural research. The full States’’ when used in a geographical sense (7) It is in the national interest to dedicate report of the task force can be found at means the States, the District of Columbia, additional funds on a long-term, ongoing www.ars.usda.gov/research.htm. the Commonwealth of Puerto Rico, and all basis to an institute dedicated to funding In summary, that study concludes territories and possessions of the United competitive peer-reviewed grant programs that it is absolutely necessary we rein- States. that support and promote the highest caliber vigorate and forward focus our tech- SEC. 3. FINDINGS AND PURPOSES. of fundamental agricultural research. nology to meet the responsibilities of (a) FINDINGS.—The Agricultural Research, (8) The Nation’s capacity to be inter- Economics, and Education Task Force estab- nationally competitive in agriculture is our time. New investment is critical threatened by inadequate investment in re- for the world’s consumers, the protec- lished under section 7404 of the Farm Secu- rity and Rural Investment Act of 2002 (7 search. tion of our natural resources, the U.S.C. 3101 note) conducted an exhaustive re- (9) To be successful over the long term, standard of living for Americans who view of agricultural research in the United grant-receiving institutions must be ade- labor in rural America, and for the States and evaluated the merits of estab- quately reimbursed for their costs if they are well-being of the hungry people and the lishing 1 or more national institutes focused to pursue the necessary agricultural re- needy people throughout the world. on disciplines important to the progress of search. I look forward to pursuing this vision food and agricultural science. Consistent (10) To meet these challenges, address in the 109th Congress. I invite my col- with the findings and recommendations of these needs, and provide for vitally needed the Agricultural Research, Economics, and agricultural innovation, it is in the national leagues who are interested in science Education Task Force, Congress finds the interest to provide sufficient Federal funds and research to review this report, to following: over the long term to fund a significant pro- look at this measure, to join with me (1) Agriculture in the United States faces gram of fundamental agricultural research and my cosponsors in the next session critical challenges, including an impending through an independent institute. of Congress to talk about moving for- crisis in the food, agricultural, and natural (b) PURPOSES.—The purposes of the Divi- ward on what I think will be a tremen- resource systems of the United States. Ex- sion established under section 4(a) shall be to dous opportunity to improve agri- otic diseases and pests threaten crops and ensure that the technological superiority of culture and its benefits to all our popu- livestock, obesity has reached epidemic pro- agriculture in the United States effectively portions, agriculturally-related environ- serves the people of the United States in the lations. mental degradation is a serious problem for coming decades, and to support and promote Now, I cannot speak for all agricul- the United States and other parts of the fundamental agricultural research of the tural groups, but I talked to agricul- world, certain animal diseases threaten highest caliber in order to achieve goals, in- tural leaders of the various commod- human health, and United States producers cluding the following goals: ities, the farm organizations in my of some major crops are no longer the (1) Increase the international competitive- State of Missouri. They are very ex- world’s lowest cost producers. ness of United States agriculture. cited about it because these are the (2) In order to meet these critical chal- (2) Develop foods that improve health and people who have been on the leading lenges, it is essential that the Nation ensure combat obesity. (3) Create new and more useful food, fiber, edge, who have pushed for the new that the agricultural innovation that has been so successful in the past continues in health, medicinal, energy, environmental, technology, who have pushed for the the future. Agricultural innovation has re- and industrial products from plants and ani- new research that has enabled them to sulted in hybrid and higher yielding varieties mals. go from feeding 19 people per farmer a of basic crops and enhanced the world’s food (4) Improve food safety and food security half century ago to feeding 129 people supply by increasing yields on existing acres. by protecting plants and animals in the per farmer. Since 1960, the world’s population has tripled United States from insects, diseases, and the Madam President, this, I hope, will with no net increase in the amount of land threat of bioterrorism. be the start of something really big. under cultivation. Currently, only 1.5 per- (5) Enhance agricultural sustainability and So, with that, I send the draft of the cent of the population of the United States improve the environment. legislation to the desk. provides the food and fiber to supply the Na- (6) Strengthen the economies of the Na- Mr. President, I ask unanimous con- tion’s needs. Agriculture and agriculture tion’s rural communities. sciences play a major role in maintaining (7) Decrease United States dependence on sent that the text of the bill be printed the health and welfare of all people of the foreign sources of petroleum by developing in the RECORD. United States and in husbanding our land bio-based fuels and materials from plants. There being no objection, the bill was and water, and that role must be expanded. (8) Strengthen national security by im- ordered to be printed in the RECORD, as (3) Fundamental scientific research that proving the agricultural productivity of sub- follows: leads to understandings of how cells and or- sistence farmers in developing countries to

VerDate Aug 04 2004 01:08 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.187 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11643 combat hunger and the political instability (1) IN GENERAL.—The Director shall carry lection and storage of data and the that it produces. out the purposes of this Act by awarding methods used for protecting privacy, (9) Assist in modernizing and revitalizing competitive peer-reviewed grants to support while using the information in the the Nation’s agricultural research facilities and promote the very highest quality of fun- databases to encourage the non-med- at institutions of higher education, inde- damental agricultural research. ical use of prescription drugs and re- pendent non-profit research institutions, and (2) GRANT RECIPIENTS.—The Director shall consortia of such institutions, through cap- make grants to fund research proposals sub- duce their diversion for illegal pur- ital investment. mitted by— poses. (10) Achieve such other goals and meet (A) individual scientists; This bill authorizes the Secretary of such other needs as determined appropriate (B) single and multi-institutional research HHS to award grants to states to estab- by the Foundation, the Director, or the Sec- centers; and lish prescription drug monitoring pro- retary. (C) entities from the private and public grams. For States with existing pro- SEC. 4. ESTABLISHMENT OF DIVISION. sectors, including researchers in the Depart- grams, the Secretary can award grants (a) ESTABLISHMENT.—There is established ment of Agriculture, the Foundation, or to upgrade their systems, standardize other Federal agencies. within the National Science Foundation a the data collected, and allow its shar- (b) COMPLEMENTARY RESEARCH.—The re- Division of Food and Agricultural Science. ing among States. The legislation in- The Division shall consist of the Council and search funded by the Division shall— be administered by a Director of Food and (1) supplement and enhance, not supplant, cludes an important provision allowing Agricultural Science. the existing research programs of, or funded States with existing programs to re- (b) REPORTING AND CONSULTATION.—The Di- by, the Department of Agriculture, the ceive funding, even if it is not feasible rector shall coordinate the research agenda Foundation, and the National Institutes of for the States to meet all the condi- of the Division with the Secretary. Health; and tions required for new programs. The (c) STANDING COUNCIL OF ADVISORS.— (2) seek to make existing research pro- legislation recognizes that existing grams more relevant to United States agri- (1) ESTABLISHMENT.— programs have been designed with the (A) IN GENERAL.—There is established in culture, consistent with the purposes of this the Division a Standing Council of Advisors Act. specific needs of each state in mind, composed of 12 highly qualified scientists (c) GRANT-AWARDING ONLY.—The Division’s and we should not block funding, even who are not employed by the Federal Gov- sole duty shall be to award grants. The Divi- if particular programs do not match ernment and 12 stakeholders. sion may not conduct fundamental agricul- exactly the template in the bill. (B) SCIENTISTS.— tural research or fundamental science, or op- Any such program, however, must in- (i) APPOINTMENT.—The 12 scientist mem- erate any laboratories or pilot plants. clude strong safeguards for medical bers of the Council shall be appointed to 4- (d) PROCEDURES.—The Director shall estab- privacy, and must make certain that year staggered terms by the Director of the lish procedures for the peer review, award- the database cannot be used to bring ing, and administration of grants under this National Science Foundation, with the con- improper pressure on physicians to sent of the Director of Food and Agricultural Act, consistent with sound management and Science. the findings and purposes described in sec- avoid prescribing essential medication (ii) QUALIFICATIONS.—The persons nomi- tion 3. for patients in need. The proper treat- nated for appointment as scientist members ment of patients in pain, for example, of the Council shall be— By Mr. SESSIONS (for himself, is an enormous medical challenge, and (I) eminent in the fields of agricultural re- Mr. DURBIN, and Mr. KENNEDY): this essential medical mission will be search, science, or related appropriate fields; S. 3013. A bill to provide for the es- more difficult if patients fear that the and tablishment of a controlled substance privacy of their prescription histories (II) selected for appointment solely on the monitoring program in each State; to will not be protected, or if physicians basis of established records of distinguished the Committee on Health, Education, service and to provide representation of the begin to look over their shoulders views of agricultural research and scientific Labor, and Pensions. whenever they prescribe needed pain leaders in all areas of the Nation. INTRODUCTION OF THE NATIONAL ALL SCHED- medication. The legislation permits (C) STAKEHOLDERS.— ULES PRESCRIPTION ELECTRONIC REPORTING state programs to release data under (i) APPOINTMENT.—The 12 stakeholder ACT OF 2004 controlled and limited conditions. It is members of the Council shall be appointed to Mr. KENNEDY. Mr. President, it is a important to note, however, that 4-year staggered terms by the Secretary, privilege to join Senator SESSIONS, States are free to impose even more with the consent of the Director. Senator DURBIN and Senator DODD in stringent restrictions on the release of (ii) QUALIFICATIONS.—The persons nomi- introducing the ‘‘National All Sched- nated for appointment as stakeholder mem- data than those required under our leg- bers of the Council shall— ules Prescription Electronic Reporting islation. (I) include distinguished members of the Act.’’ Our goal is to assist States in es- We all share the goal of reaching the public of the United States, including rep- tablishing in electronic databases to right balance between the interests of resentatives of farm organizations and indus- monitor the administration of prescrip- patients, physicians, and law enforce- try, and persons knowledgeable about the en- tion drugs and deal more effectively ment. Our bill requires that in their vironment, subsistence agriculture, energy, with the growing national problem of grant applications, each State must and human health and disease; and prescription drug abuse. propose security standards for the elec- (II) be selected for appointment so as to Our Health Committee listened care- tronic databases, including appropriate provide representation of the views of stake- holder leaders in all areas of the Nation. fully to the thoughtful concerns and encryption or other information tech- (2) DUTIES.—The Council shall assist the comments of the expert witnesses who nology. In their applications, States Director in establishing the Division’s re- testified at our recent hearing on this must also set standards for use of the search priorities, and in reviewing, judging, issue, and we have sought to meet database, including a description of a and maintaining the relevance of the pro- these concerns in our bill. process to certify that requests for in- grams funded by the Division. The Council Over 6 million Americans currently formation are legitimate. The bill also shall review all proposals approved by the use prescription drugs for non-medical requires the Secretary to provide an scientific committees of the Division to en- purposes. 31 million adults and adoles- analysis of the privacy protections sure that the purposes of this Act and the needs of the Nation are being met. cents have reported abusing prescrip- within two years after enactment. (3) MEETINGS.— tion drugs at least once. Since 1992, the Prescription drug abuse has been in- (A) IN GENERAL.—The Council shall hold number of young adults who abuse pre- creasing every year. Physicians want periodic meetings in order to— scription pain relievers and other po- to treat pain, and law enforcement offi- (i) provide an interface between scientists tentially addictive drugs has more cials want to stop the flow of prescrip- and stakeholders; and than tripled. Prescription drug abuse tion drugs from the pharmacies to the (ii) ensure that the Division is linking na- among youths of age 12 to 17 has in- streets. A national prescription drug tional goals with realistic scientific opportu- creased tenfold. monitoring program will be a valuable nities. State efforts to monitor the pre- resource to achieve both goals. I com- (B) TIMING.—The meetings shall be held at the call of the Director, or at the call of the scribing of potentially addictive medi- mend Senator SESSIONS for his leader- Secretary, but not less frequently than an- cations can help curb this abuse. Cur- ship on this important health issue, nually. rently, 19 States have such monitoring and I look forward to early action by SEC. 5. FUNCTIONS OF DIVISION. programs in place, including Massachu- Congress to deal with this serious na- (a) COMPETITIVE RESEARCH.— setts, and they vary widely in the col- tional problem.

VerDate Aug 04 2004 01:08 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.135 S19PT2 S11644 CONGRESSIONAL RECORD — SENATE November 19, 2004 By Mr. McCONNELL (for himself and foreign assistance are targeted to- rights, and accountability and transparency and Mr. LUGAR): ward an increasingly important region in the political process; S. 3016. A bill to promote freedom, of the world. (F) encouraging international exchanges, economic growth, and security in Asia, Mr President, I ask unanimous con- other forms of public diplomacy, and the use of the Internet to promote greater under- and for other purposes; to the Com- sent that the text of the bill be printed standing and appreciation of democracy, the mittee on Foreign Relations. in the RECORD. rule of law, human rights, the public policy Mr. McCONNELL. Mr. President, There being no objection, the bill was process, market institutions, and the role of today I introduce, along with my good ordered to be printed in the RECORD, as an independent judiciary in democratic soci- friend from Indiana, the ‘‘Asia Free- follows: eties; dom Act of 2004’’. S. 3016 (G) supporting political parties and coali- tions that are committed to promoting de- We offer this bill with the full knowl- Be it enacted by the Senate and House of Rep- edge that it will neither be considered mocracy, human rights, the rule of law, and resentatives of the United States of America in economic reforms; nor voted upon by the Senate Com- Congress assembled, (H) fostering the growth of civic organiza- mittee on Foreign Relations before the SECTION 1. SHORT TITLE. tions that are committed to promoting and 108th Congress ends. Rather, we intend This Act may be cited as the ‘‘Asia Free- defending human rights; today’s introduction to mark what we dom Act of 2004’’. (I) promoting respect for human rights and hope is the start of broader discussion SEC. 2. STATEMENT OF POLICY. civil liberties in military and security between our respective offices and the Liberty is a universal and inalienable forces; Administration on America’s foreign right, and, in light of the progress of the peo- (J) promoting the development of effective ple of North and South East Asia in achiev- control by elected civilian officials over, and policy toward Asia. the development of, a nonpolitical officer The Act is based on the Freedom ing political, economic, and legal reforms, the advancement of democracy, human corps in military and security forces; Support Act for the Former Soviet rights, the rule of law, and economic freedom (K) fostering strengthened administration Union and provides an integrated and in North and South East Asia is and will re- of justice through programs and activities coherent framework for U.S. policy to- main a central objective of United States carried out by nongovernmental organiza- ward North and Southeast Asia. It cre- foreign policy. tions, civic organizations, and political par- ates 10 broad development activities SEC. 3. DEFINITION OF NORTH AND SOUTH EAST ties; and for the region—ranging from democ- ASIA. (L) supporting the development and pro- mulgation of laws and regulations that in- racy to security and the environment— In this Act, the term ‘‘North and South East Asia’’ means Burma, Cambodia, the crease accountability and transparency in and endorses the establishment of a co- governance, including asset disclosure for ordinator of assistance to the region at Democratic Republic of Timor-Leste, Hong Kong, Indonesia, Laos, Macau, Malaysia, senior public officials and candidates for po- the State Department, and a deputy Mongolia, the People’s Republic of China, litical office. coordinator at USAID. the Philippines, the Republic of Korea, (3) FREE AND INDEPENDENT MEDIA.—Devel- The Act defines eligibility require- Singapore, Brunei, Papua New Guinea, the oping free and independent media, includ- ing— ments for U.S. foreign assistance for Socialist Republic of Vietnam, Thailand, (A) supporting all forms of independent Taiwan, the Republic of the Fiji Islands, the central governments in the region media reporting, including print, radio, and Independent State of Samoa, the Solomon Is- based on their respective commitments television; lands, the Kingdom of Tonga, Tuvalu, the to, among other things, the advance- (B) providing special support for, and pub- Republic of Nauru, the Republic of the Mar- ment of freedom and justice and efforts lic access to, nongovernmental Internet- shall Islands, the Federated States of Micro- based sources of information, dissemination, to crack down on international ter- nesia, the Republic of Vanuatu, and Tibet. rorism. It requires the State Depart- and reporting, including the provision of SEC. 4. PURPOSE. technical and other support for web-based ment to judge central governments of The purpose of this Act is to promote re- countries in the region not by what radio services and the provision of computers gional peace and stability in North and and other necessary resources and training they say, but rather by the concrete South East Asia and enhance the security of related to the Internet; actions they undertake to further de- the United States by— (C) providing training in journalism, in- mocracy, security and stability in the (1) fostering improved living conditions cluding investigative journalism techniques region. for, and the economic well-being of, the peo- that educate the public on the costs of cor- The Act requires a number of annual ple of North and South East Asia; ruption; and reports, including a description of de- (2) supporting freedom, human rights, and (D) establishing exchange programs for justice in North and South East Asia; mocracy building activities conducted journalists, including journalists affiliated (3) countering international terrorism and with democratic political parties. by the United States, the European regional narcotics trafficking in North and (4) FREE MARKET SYSTEMS.—Creating and Union, the United Nations and other South East Asia; and supporting private enterprise and free mar- countries and institutions, and a list- (4) expanding free markets in North and ket systems based on the principles of pri- ing on a country-by-country basis of South East Asia. vate ownership of property, including known political prisoners. SEC. 5. ASSISTANCE FOR NORTH AND SOUTH through support for— Taking a cue from President Bush’s EAST ASIA. (A) the development of private coopera- January 12, 2004 proclamation denying The President is authorized to provide as- tives, credit unions, labor unions, and micro- current and former corrupt public offi- sistance to North and South East Asia for finance lending institutions; the following purposes: (B) the improvement of the collection and cials entry into the United States, the (1) HUMANITARIAN NEEDS.—Meeting human- analysis of statistical information; Act provides authority for the Sec- itarian needs arising from manmade or nat- (C) the reform and restructuring of bank- retary of Homeland Security to deny ural disasters and crises. ing and financial systems; visas to those officials in the region (2) DEMOCRACY, HUMAN RIGHTS, AND THE (D) the protection of intellectual property whose actions have had an adverse im- RULE OF LAW.—Establishing and facilitating rights; pact on the advancement of democracy, democratic and free societies, including by— (E) the development of protocols and safe- human rights, the rule of law and eco- (A) fostering political, social, and eco- guards against money laundering and other nomic freedom in the region. nomic pluralism; illicit financial activities, including those (B) fostering respect for internationally relating to regional terrorism and the pro- The Act is necessary to ensure that recognized human rights and the rule of law, duction and trafficking of narcotics; and appropriate and continuous attention including the rights of people with disabil- (F) the promotion of trade and investment. is paid by the U.S. Congress and the ities; (5) SECURITY.—Developing professional Administration to the march of polit- (C) encouraging the development of insti- military and police forces capable of coun- ical and economic freedom across Asia. tutions of democratic governance, including tering terrorism, narcotics, and other illicit Much ground has been gained over the electoral, legislative, and judicial processes; activities, and ensuring civilian control and past year, particularly with successful (D) fostering the institution and improve- oversight of military and police forces. presidential and parliamentary elec- ment of public administration at the na- (6) SOCIAL PROGRAMS.—Investing in edu- tional, intergovernmental, regional, and cation, health, and other social programs, in- tions in Indonesia, but more must be local levels; cluding for disenfranchised communities. done, whether in Burma, Cambodia or (E) assisting in the development of, and (7) ENVIRONMENT.—Promoting the sustain- Thailand. providing ongoing support to, grassroots and able use of natural resources and protecting In short, the Asia Freedom Act guar- nongovernmental organizations that pro- the environment in both urban and rural antees America’s focus, foreign policy mote democracy, the rule of law, human areas.

VerDate Aug 04 2004 01:08 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.137 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11645

(8) POLITICAL OPPOSITION.—Safeguarding (5) TIBET.—In the case of activities relating East Asia that is otherwise prohibited from and supporting democratic and viable polit- to Tibet, the Special Coordinator for Tibetan receiving such assistance. ical opposition. Issues. (d) SUSPENSION OR TERMINATION OF ASSIST- (9) PARLIAMENTARY EXCHANGES.—Pro- SEC. 7. ELIGIBILITY FOR ASSISTANCE. ANCE FOR NATIONAL SECURITY REASONS.—The moting exchanges between democratic legis- (a) IN GENERAL.—In carrying out the re- Secretary of State may suspend or terminate lators and reformers in North and South sponsibilities described in section 6, includ- assistance under this Act in whole or in part East Asia and members of Congress. ing the providing of assistance, the coordi- to a country or entity in North and South (10) MIGRATION.—Protecting and caring for nator of assistance designated under that East Asia if the Secretary determines that refugees, displaced persons, and other mi- section shall take into account the extent to the country or entity is engaged in activities grants, addressing the root causes of migra- which the central governments in North and that are contrary to the national security tion, and promoting the development of ap- South East Asia are— interests of the United States. propriate immigration and emigration laws (1) making progress toward, and is com- SEC. 8. SECURITY ASSISTANCE. and procedures. mitted to the comprehensive implementa- There are authorized to be appropriated such sums as may be necessary to carry out SEC. 6. COORDINATION OF ASSISTANCE. tion of, a democratic system of government based on the rule of law, individual freedoms, the provisions of section 23 of the Arms Ex- (a) COORDINATOR OF ASSISTANCE.— and representative government determined port Control Act (22 U.S.C. 2763) and section (1) ESTABLISHMENT OF POSITION.—Congress by free and fair elections; 541 of the Foreign Assistance Act of 1961 (22 strongly urges the President to designate, (2) making progress toward, and is com- U.S.C. 2347) to enhance security in Asia, in- within the Department of State, a coordi- mitted to the comprehensive implementa- cluding in Cambodia, Brunei, the Democratic nator of assistance, and within the United tion of, economic reform based on market Republic of Timor-Leste, Indonesia, Malay- States Agency for International Develop- principles, private ownership, and integra- sia, Mongolia, the Philippines, Singapore, ment, a deputy coordinator of assistance, to tion in the global economy, including the Thailand, and Taiwan. be responsible for— implementation of the legal and policy SEC. 9. INSTITUTE FOR REFORM IN ASIA. (A) designing an overall strategy to ad- frameworks necessary for such reform (in- Notwithstanding any other provision of vance the mutual interests of the United cluding protection of intellectual property law, there are authorized to be appropriated States and North and South East Asia; rights and respect for contracts); such sums as may be necessary for assist- (B) ensuring program and policy coordina- (3) respecting internationally recognized ance for an institute for reform in Asia, tion among agencies of the United States human rights, including the rights of minori- which shall be located in Hong Kong, for the government in carrying out assistance ac- ties and the rights of freedom of religion and purpose of advancing democracy, human tivities under this Act; of emigration; rights, and the rule of law in North and (C) pursuing coordination with other coun- (4) denying support for acts of inter- South East Asia in cooperation with an in- tries and international organizations with national terrorism and cooperating with the digenous organization in that region that is respect to assistance to North and South United States to combat international ter- committed to the principles of freedom and East Asia; and rorism; justice. (D) ensuring that United States assistance (5) respecting international law and obliga- SEC. 10. ADDITIONAL AUTHORITIES AND LIMITA- programs for North and South East Asia are tions, refraining from the threat of use of TIONS. established and carried out in a manner con- force, and demonstrating a commitment to (a) LAW ENFORCEMENT.—Notwithstanding sistent with this Act. settling disputes peacefully; section 660 of the Foreign Assistance Act of (2) RANK AND STATUS.—An individual des- (6) cooperating in seeking peaceful resolu- 1961 (22 U.S.C. 2420), and except as otherwise ignated as coordinator of assistance under tion of ethnic and regional conflicts; provided for in this Act, assistance for law paragraph (1) shall have the rank and status (7) implementing responsible security poli- enforcement forces under this Act may be of ambassador. cies, including— provided for police, counterterrorism, and (b) COORDINATION OF ACTIVITIES.—The coor- (A) reducing military forces and expendi- other law enforcement forces in North and dinator of assistance under subsection (a) tures to a level consistent with legitimate South East Asia. shall carry out activities described in that defense requirements; (b) PROMOTION OF COMPETITIVE ELEC- subsection in coordination and consultation (B) working to eliminate the proliferation TIONS.— with officials as follows: of nuclear, biological, or chemical weapons, (1) IN GENERAL.—Assistance may be pro- (1) EXPORT PROMOTION ACTIVITIES.—In the and related delivery systems and tech- vided under this Act to foreign political par- case of activities relating to the promotion nologies; and ties or organizations for the purpose of in- of exports of United States goods and serv- (C) restraining conventional arms trans- creasing competition in elections in coun- ices to North and South East Asia, the Sec- fers; and tries in North and South East Asia where a retary of Commerce who, in the role of Chair (8) taking constructive actions to protect nondemocratic, ruling political party con- of the Trade Promotion Coordination Com- the international environment, prevent sig- trols or exercises significant influence over mittee, shall retain primary responsibility nificant transnational pollution, and pro- national or local electoral bodies, print and for the coordination of such activities. mote the sustainable use of natural re- electronic media, the judiciary, or national (2) INTERNATIONAL ECONOMIC ACTIVITIES.—In sources. and local security forces, including the po- the case of activities relating to United (b) DETERMINATION OF INELIGIBILITY.— lice and military, to the detriment of a States participation in international finan- (1) RESTRICTIONS.—Except as described democratic opposition. cial institutions, and to organization of mul- under paragraph (2), no funds authorized to (2) LIMITS ON ASSISTANCE.—None of the tilateral efforts aimed at currency stabiliza- be appropriated to carry out the provisions funds provided to a foreign political party or tion, currency convertibility, debt reduction, of this Act may be made available for assist- organization pursuant to paragraph (1) may and comprehensive economic reform pro- ance for any central government in North be used as— grams, with respect to North and South East and South East Asia if the Secretary of (A) a cash grant; Asia, the Secretary of the Treasury who, in State determines that such government— (B) payment for salaries, fees, or honoraria the role of Chair of the National Advisory (A) is engaged in a consistent pattern of to any candidate, political party leader, or Council on International Monetary and Fi- violations of internationally recognized campaign official during the campaign pe- nancial Policies and as the United States human rights or international law; riod; or governor of international financial institu- (B) has, on or after the date of the enact- (C) payment to individuals for the purpose tions, shall retain primary responsibility for ment of this Act, knowingly provided finan- of influencing votes. the coordination of such activities. cial or other support to terrorist groups, ter- (c) POLITICAL TRANSITIONS.—The Secretary (3) MILLENNIUM CHALLENGE CORPORATION.— rorists, or narcotics traffickers; or of State shall make available additional as- In the case of activities relating to the provi- (C) has, on or after the date of the enact- sistance under this Act for countries and en- sion of United States assistance for North ment of this Act, transferred any material, tities in North and South East Asia that suc- and South East Asia through the Millennium equipment, or technology that the govern- cessfully complete the transition from an au- Challenge Corporation, the Secretary of ment knew or had reason to know would be thoritarian regime or government to a demo- State who, in the role of Chair of the Millen- used by any country or international ter- cratic government. nium Challenge Corporation, shall retain rorist group to manufacture any weapon of (d) TAIWAN AND THE REPUBLIC OF KOREA.— primary responsibility for the coordination mass destruction, including nuclear, chem- Amounts made available under this Act for of such activities. ical, or biological weapons. assistance for Taiwan and the Republic of (4) HIV/AIDS.—In the case of activities re- (2) EXCEPTION.—The restrictions described Korea for the purposes of furthering political lating to the provision of United States as- under paragraph (1) do not apply to funds and legal reforms shall only be made avail- sistance for HIV/AIDS prevention and re- made available for the promotion of democ- able to the extent that such amounts are lated activities for North and South East racy, human rights, and exchanges. matched by funds from sources other than Asia, the Coordinator for United States Gov- (c) OTHER RESTRICTIONS.—None of the the United States Government. ernment Activities to Combat HIV/AIDS funds authorized to be appropriated by this SEC. 11. ACCOUNTABILITY FOR FUNDS. Globally who shall retain primary responsi- Act may be made available for assistance for Any agency managing and implementing bility for the coordination of such activities. any central government in North and South an assistance program for North and South

VerDate Aug 04 2004 01:08 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.138 S19PT2 S11646 CONGRESSIONAL RECORD — SENATE November 19, 2004 East Asia under this Act shall maintain an economic freedom in North and South East petrated against the United States is accounting of any funds made available to it Asia. recouped in False Claims Act cases? for such program. (4) Any spouse, child, or dependent house- How effectively does DoJ capture the SEC. 12. ANNUAL REPORTS. hold member of a person described in para- multiple damages and penalties pro- (a) SUMMARY OF ACTIVITIES.—Not later graph (1), (2), or (3) of this subsection who is the direct beneficiary of any article of mone- vided for by the act? How quickly does than January 31, 2005, and annually there- DoJ move FCA cases? How effectively after, the coordinator of assistance des- tary value or other benefit obtained by such ignated under section 6 shall submit to the person. does DoJ use the tools provided to it by appropriate congressional committees a re- (b) DATABASE.—The Secretary of State the FCA, such as civil investigative de- port containing— shall maintain and regularly update a data- mands? How effectively does DoJ use (1) a list of activities undertaken by the base of individuals who may be denied visas relators and how well does it reward Department of State, the United States under subsection (a). them? Agency for International Development, and SEC. 14. SENSE OF CONGRESS ON DEMOCRACY The purpose of this bill is to require the Department of the Treasury to advance FUNDS. the submission of the information that democracy, human rights, the rule of law, It is the sense of Congress that any democ- will allow Congress to evaluate of racy fund established by the United Nations and economic freedom in North and South DoJ’s performance in managing FCA East Asia; in response to the September 21, 2004, speech (2) a description of assistance provided by by President George W. Bush to the United cases. Thus, under this bill the Depart- international financial institutions and Nations General Assembly should be known ment of Justice will be required to de- countries, including the European Union, the as the ‘‘Daw Aung San Suu Kyi Democracy scribe its settlements of FCA cases. United Nations, Japan, Australia, and New Fund’’. The report to Congress shall include a Zealand, to advance democracy, human SEC. 15. ASSISTANCE AUTHORITIES. description of the estimated damages rights, and the rule of law in North and There are authorized to be appropriated for suffered by the United States, the South East Asia; fiscal year 2005 such sums as may be nec- amount recouped, the multiplier used (3) an analysis, on a country-by-country essary to carry out the purposes of this Act. to calculate the settlement amount, basis, of obstacles to the advancement of de- SEC. 16. OTHER DEFINITIONS. the criminal fines collected and wheth- mocracy, human rights, the rule of law, and In this Act: economic growth and freedom in North and er the defendants were held liable in (1) APPROPRIATE CONGRESSIONAL COMMIT- previous cases. The report will also in- South East Asia, including barriers to in- TEES.—The term ‘‘appropriate congressional creased popular participation in political committees’’ means the Committees on For- form Congress as to whether the de- and economic decisionmaking; and eign Relations and Appropriations of the fendants have been required to enter (4) an analysis of actions undertaken by Senate and the Committees on International into corporate integrity agreements. the Government of the People’s Republic of Relations and Appropriations of the House of In addition, in order to understand China, including the People’s Liberation Representatives. how the program is working, the De- Army, to exert its political and economic in- (2) CHILD SOLDIER.—The term ‘‘child sol- partment of Justice will be required to fluence throughout the region. dier’’ means a person below the age of 18 inform Congress as to whether civil in- (b) POLITICAL PRISONERS.—Not later than years (unless, under the law applicable to the vestigative demands were issued. The January 31, 2005, and annually thereafter, person, majority is attained earlier) that is the Assistant Secretary of State for Democ- Department will also be required to part of an armed group affiliated with, or the provide certain information about the racy, Human Rights, and Labor shall submit armed forces of, a national government. to the appropriate congressional committees conduct of qui tam cases initiated by a report setting forth the names and loca- By Mr. GRASSLEY: whistleblowers. For example, Congress tions of known political prisoners, on a coun- S. 3018. A bill to direct the Inspector will receive information about the try-by-country basis, in North and South General of the Department of Justice length of time cases are under seal, East Asia. to submit semi-annual reports regard- whether whistleblowers (technically (c) CHILD SOLDIERS.—Not later than Janu- termed ‘‘relators’’) sought a fairness ary 31, 2005, and annually thereafter, the co- ing settlements relating to false claims ordinator of assistance shall submit to the and fraud against the Federal Govern- hearing regarding a settlement and appropriate congressional committees a re- ment; to the Committee on the Judici- what share of the settlement they re- port— ary. ceived. The Congress would also re- (1) describing the use of child soldiers in Mr. GRASSLEY. Mr. President, ceive information about whether the North and South East Asia; and today I am introducing a bill directing agency that suffered from the fraud in- (2) detailing the efforts of the United the Inspector General of the Depart- volved participated in the settlement. States Government to raise and debate in In regard to cases involving Medicaid the United Nations Security Council the ment of Justice to submit semi-annual reports regarding settlements relating Fraud, the report will provide Congress issue of the use of child soldiers. with the details of how much money SEC. 13. DENIAL OF VISAS. to false claims and fraud against the United States. was returned to each state partici- (a) IN GENERAL.—The Secretary of Home- pating in the settlement. In a time land Security may deny visas and entry to The False Claims Act, 31 U.S.C. 3729 the following individuals: et seq., is the Government’s single when many States are struggling with (1) Any public official or former public offi- most effective program for recouping their Medicaid budgets, the Congress cial, including any military or police offi- money improperly obtained from the needs to know how effectively DoJ is in cial, who has been credibly alleged to have United States by false claims and suppressing Medicaid fraud and return- solicited or accepted any article of monetary fraud. Initially passed during the Civil ing money to the States. value or other benefit in exchange for any act or omission in their performance of their War at President Abraham Lincoln’s By Mr. DODD: public functions, which has had a serious ad- request to suppress fraud against the S. 3020. A bill to establish protections verse effect on the advancement of democ- Union Army, the FCA was modernized against compelled disclosure of racy, human rights, the rule of law, and eco- and updated in 1986. Since President sources, and news or information, by nomic freedom in North and South East Ronald Reagan signed the 1986 amend- persons providing services for the news Asia. ments into law, settlements and judg- media; to the Committee on the Judici- (2) Any person whose provision of, or offer ments in FCA cases have exceeded $13 ary. to provide, an article of monetary value or billion. No other antifraud program of other benefit to any public official, including Mr. DODD. Mr. President, I am going military and police officials, in exchange for the federal government can match this to send a copy of this bill to the desk any act or omission in the performance of result. to be printed in the RECORD. It is not such official’s public functions has had a se- Despite the significance of these re- going to be referred to any committees rious adverse effect on democracy, human sults, the Congress does not have a way in the waning minutes of this 108th rights, the rule of law, and economic freedom to evaluate the performance of the Congress, but I will submit it for the in North and South East Asia. FCA program. While the program, RECORD. My plans are to reintroduce (3) Any public official, former public offi- which is overseen by the Civil Division this legislation in January when we re- cial, or other person who has been credibly of the Department of Justice, appears alleged to have misappropriated funds or convene for the 109th Congress. interfered with the judicial, electoral, or to be doing well, it is not known at this I thought it might be helpful to have other public processes, which has had a seri- time how the program is performing as this legislation in the RECORD for my ous adverse effect on the advancement of de- compared to its potential. What per- colleagues to review. It is called the mocracy, human rights, the rule of law, and centage of the various frauds per- Free Speech Protection Act of 2004.

VerDate Aug 04 2004 01:08 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.138 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11647 This bill is designed to ensure that respects, the rights of free speech and a journalists of Valerie Plame’s identity the free speech guarantees enshrined in free press protect the government from as a covert CIA agent. Plame’s hus- the First to the Constitution will be trampling on the other political and band, former Ambassador Joseph Wil- strong and effective for many genera- personal liberties all Americans hold son, IV, had in a New York Times edi- tions to come. After all, it is the free so dear. torial criticized the Bush administra- flow of news and information to the Freedom of speech and freedom of the tion for claiming that Iraq had tried to public on a wide variety of concerns press are like the government watch- buy uranium from Niger. which makes our democracy vibrant dog that shines a spotlight when other Unidentified senior administration and alive. rights are being threatened. Without officials revealed Plame’s identity to Indeed, the very design of our demo- this, the press becomes an extension of Robert Novak and other Washington cratic institutions is premised in large the government and the people know area journalists, allegedly as an act of part upon an informed citizenry that only what the government wants them revenge for Wilson speaking out could exercise informed judgments. to know. As Jefferson once commented: against President Bush’s rationale for As James Madison once observed: When the press is free and everyone is able invading Iraq. Knowledge will forever govern ignorance: to read, all is safe. Mr. Novak then published Plame’s And apeople who mean to be their own Gov- Congress cannot afford to stand idly identity in a July 2003 column, which ernor, must arm themselves with the power by and allow our sacred First Amend- prompted an investigation by the Jus- that knowledge gives. ment freedoms to be threatened. Let tice Department and the subpoenaing Madison and the other Founders of me be clear. The legislation I sub- of several journalists before a Federal our great Republic understood full well mitted to the desk, the Free Speech grand jury, including Judith Miller, that the best guarantee of a knowl- Protection Act of 2004, is not merely Tim Russert of NBC’s ‘‘Meet the edgeable citizenry is a free press and a about protecting the press. Instead, Press,’’ Walter Pincus and Glen Kessler public free to speak to the press. The this legislation is about consumer pro- of the Washington Post, and Time mag- press must be free to report on the tection. It is about openness, debate, azine reporter Matthew Cooper. human condition, the conduct of public the free flow of information and delib- Some of these reporters have talked officials, matters of business and cor- eration—the very ideals that the Sen- to the prosecutors after the alleged porate governance, as well as the ate holds so dear. Government sources signed waivers re- strengths and weaknesses of our soci- It is also about ensuring that our leasing the journalists from any pledge ety and its institutions. constituents, the American citizenry, of confidentiality. New York Times re- A free press must also be able to ac- have access to the knowledge and in- porter Judith Miller, however, has re- cess a broad spectrum of views from a formation they need to make educated fused to testify, even under the limited wide variety of sources. Once individ- decisions and fully participate in our terms of the waiver. As a result, she is uals deliberate over such information, democracy. being held in contempt of court and they are able to make more educated Yet these freedoms which we hold so could face up to 18 months in jail un- decisions. In addition, they can also dear are not as safe as they have been less she agrees to testify. more effectively and intelligently par- in other times in the life of our Nation. What is so surprising about this case ticipate in matters of public concern. They have come under attack by the is that Judith Miller never even pub- To quote Madison once again: heavy hand of Government in a manner lished an article in the New York Popular government without popular infor- not seen since the height of the Water- Times, or any other newspaper or mag- mation or the means of acquiring it is but a gate scandal 30 years ago. azine for that matter, about Valerie prologue to a farce, or a tragedy, or perhaps The press today is frequently being Plame. The mere fact that Miller con- both. subpoenaed to appear in Federal court templated writing such an article and In fact, one of the hallmarks of a to- and threatened with fines and/or im- had conducted interviews for it was talitarian government is that the state prisonment if they refuse to reveal a enough for the judge to hold her in con- controls the press and similar sources confidential source to the prosecutor tempt of court for refusing to name of public information. Such regimes or attorneys involved in the lawsuit. In sources. are characterized by extreme levels of some instances, the prosecutor or at- Currently, 31 States and the District secrecy and a total lack of trans- torneys might also request the report- of Columbia have enacted protections parency. The free flow of information er’s notes, video outtakes, or other un- for gatherers and disseminators of to the public is greatly restricted. Crit- published information. news and information. They include icism of the government could result in In recent months, the press has come red States, blue States, Alabama, imprisonment or even death. under intense pressure to reveal the North Carolina, and Montana, for ex- In recent memory, such regimes ex- identity of their confidential sources, ample. isted in Nazi Germany, the Soviet threatening the public’s right to know. Why then is there a need for a Fed- Union, and Saddam Hussein’s Iraq, In Providence, RI, WJAR-TV reporter eral statute in this area? A strong and where the press was often used as a Jim Taricani aired an FBI surveillance uniformed Federal law on shielding tool for propaganda. Unfortunately, tape in 2001 that showed an aide to would provide uniformity and consist- there are still a number of govern- Mayor Vincent ‘‘Buddy’’ Cianci accept- ency to the patchwork of inconsistent ments around the globe today that ing a bribe from a local businessman. court decisions and State statutes cur- greatly restrict the flow of news and Taricani broke no law in airing the rently in place. information to their citizens. tape, but a special prosecutor was sub- In many instances, whether the dis- The United States, in its formative sequently brought in to investigate closure will be compelled and how years, never chose that path. The who leaked the information. He refused much information will be disclosed de- Founding Fathers of this great Nation to identify the source and was con- pends upon the particular State in of ours knew the value of a free press victed of criminal contempt yesterday which the journalist is pursuing a story because they had often been denied it in Federal court. Taricani now faces 6 when he or she is subpoenaed. The dif- by their colonial rulers. Repressive months in prison when he is sentenced ferent potential outcomes affect re- measures had long been part of English in December. porters’ practices, the flow of informa- history in this regard, such as the cen- Perhaps the most alarming instance tion, the articles written or not writ- sorship of published materials and a li- in recent months of the growing threat ten, in various news media. It ulti- censing system whereby nothing could to the sacred right to freedom of mately impacts the public’s ability to get published without the govern- speech in America is the case of Judith learn about matters of interest and im- ment’s consent. Miller of the New York Times. Last portance as well. Our Founding Fathers recognized month, a Federal judge held Miller in The protections that these laws and then that for a society to remain free, contempt of court for refusing to name court rulings provide vary widely in de- it must also allow for divergent views her sources to prosecutors inves- tail and in scope. For example, some and opinions to be expressed, and for tigating the disclosure to syndicated States grant nearly complete protec- ideas to be openly exchanged. In many columnist Robert Novak and to other tion for sources and information, while

VerDate Aug 04 2004 01:08 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.182 S19PT2 S11648 CONGRESSIONAL RECORD — SENATE November 19, 2004 others provide little or none. In addi- releases or press conferences, then we section shall be inadmissible in any action, tion, the protections may differ in might never have learned anything proceeding, or hearing before any entity of their applicability to criminal and/or about some of these issues which have the judicial, legislative, or executive branch civil proceedings. been so vitally important to make our of the Federal Government. In the Federal court system, for in- Government and our Nation stronger. SEC. 4. COMPELLED DISCLOSURE PERMITTED. I urge my colleagues to take a look (a) NEWS OR INFORMATION.—A court may stance, most have interpreted compel disclosure of news or information de- Branzburg, a 1972 United States Su- at this proposal and urge them to con- scribed in section 3(a)(2) and protected from preme Court decision, to provide at sider it when we return in January. I disclosure under section 3 if the court finds, least qualified news gathering protec- will reintroduce it again and urge them after providing notice and an opportunity to tion—that is, a protection that can be to support it. be heard to the person or entity from whom overcome in certain circumstances. A I ask unanimous consent that the the news or information is sought, that the few Federal courts, however, such as text of the bill be printed in the party seeking the news or information estab- the Seventh Circuit, have rejected such RECORD. lished by clear and convincing evidence that— protection, or have limited it only to S. 3020 Be it enacted by the Senate and House of Rep- (1) the news or information is critical and when the subpoenas are being used to necessary to the resolution of a significant harass the press. resentatives of the United States of America in Congress assembled, legal issue before an entity of the judicial, For those reasons, I think it is quite legislative, or executive branch of the Fed- SECTION 1. SHORT TITLE. clear that a national standard would This Act may be cited as the ‘‘Free Speech eral Government that has the power to issue protect gatherers and disseminators of Protection Act of 2004’’. a subpoena; (2) the news or information could not be information from the varying State SEC. 2. DEFINITIONS. obtained by any alternative means; and statutes and their interpretations by In this Act: (3) there is an overriding public interest in State courts. This goal is exactly what (1) COVERED PERSON.—The term ‘‘covered the disclosure. person’’ means a person who— the Free Speech Protection Act of 2004 (b) SOURCE.—A court may not compel dis- (A) engages in the gathering of news or in- would achieve. closure of the source of any news or informa- formation; and Under the legislation, the protection tion described in section 3(a)(1) and pro- (B) has the intent, at the beginning of the against compelled disclosure for tected from disclosure under section 3. process of gathering news or information, to sources would be absolute. The protec- disseminate the news or information to the SEC. 5. ACTIVITIES NOT CONSTITUTING A WAIV- ER. tion against compelled disclosure of public. The publication by the news media, or the news and information, however, is (2) NEWS OR INFORMATION.—The term ‘‘news dissemination by a person while providing qualified. That is, an individual in- or information’’ means written, oral, pic- services for the news media, of a source of torial, photographic, or electronically re- volved in gathering news would be re- news or information, or a portion of the news corded information or communication con- quired to reveal their unpublished ma- or information, procured in the course of cerning local, national, or worldwide events, terial only under certain cir- pursuing professional activities shall not or other matters. cumstances. The legislation requires constitute a waiver of the protection from (3) NEWS MEDIA.—The term ‘‘the news compelled disclosure that is described in sec- three criteria to be met before such media’’ means— tion 3. news or information can be disclosed. (A) a newspaper; First, the person seeking the news or (B) a magazine; information must prove by clear and (C) a journal or other periodical; SUBMITTED RESOLUTIONS convincing evidence that the news or (D) radio; information is critical or necessary to (E) television; significant legal issues before a judi- (F) any means of disseminating news or in- formation gathered by press associations, SENATE RESOLUTION 474—TO EX- cial, legislative, or administrative PRESS SUPPORT FOR THE body that has the power to issue a sub- news agencies, or wire services (including dissemination to the news media described GOALS OF NATIONAL ADOPTION poena. in subparagraphs (A) through (E)); or MONTH BY PROMOTING NA- Secondly, the news or information (G) any printed, photographic, mechanical, TIONAL AWARENESS OF ADOP- could not be obtained by alternative or electronic means of disseminating news or TION, CELEBRATING CHILDREN means. Finally, there is an overriding information to the public. AND FAMILIES INVOLVED IN public interest in the disclosure that SEC. 3. COMPELLED DISCLOSURE PROHIBITED. ADOPTION, AND ENCOURAGING must exist. (a) IN GENERAL.—Except as provided in sec- AMERICANS TO SECURE SAFETY, The legislation I am introducing this tion 4, no entity of the judicial, legislative, or executive branch of the Federal Govern- PERMANENCY, AND WELL BEING evening is a work in progress. Obvi- FOR ALL CHILDREN ously, in the coming weeks I intend to ment with the power to issue a subpoena or provide other compulsory process shall com- further refine it, and in the 109th Con- Ms. LANDRIEU (for herself, Mr. pel any covered person who is providing or CRAIG, Mr. BOND, Mr. DEWINE, Mr. gress to seek out my colleagues’ advice has provided services for the news media to FITZGERALD, Mr. LEVIN, Mr. SANTORUM, and counsel on how we might proceed. disclose— I am nevertheless introducing this bill (1) the source of any news or information Ms. STABENOW, Ms. MURKOWSKI, Mr. in the closing hours of this Congress procured by the person, or any information JOHNSON, Mr. BROWNBACK, Mr. NICKLES, because I believe the Senate discussion that would tend to identify the source, while Mr. INHOFE, Mr. JEFFORDS, and Ms. of this matter is urgent. The public’s providing services for the news media, SNOWE) submitted the following resolu- right to know is under attack. When whether or not the source has been promised tion; which was considered and agreed confidentiality; or to: that happens, all Americans suffer (2) any news or information procured by S. RES. 474 since they are deprived of knowledge the person, while providing services for the and information which affects their news media, that is not itself communicated Whereas there are approximately 532,000 lives. in the news media, including any— children in the foster care system in the There are countless examples of in- (A) notes; United States, approximately 129,000 of formation that we have received be- (B) outtakes; whom are waiting to be adopted; (C) photographs or photographic negatives; Whereas the average length of time a child cause there have been confidential in foster care remains in foster care is al- sources who have come forward. Cer- (D) video or sound tapes; (E) film; or most 3 years; tainly, we can go back to Watergate, (F) other data, irrespective of its nature, Whereas for many foster children, the wait Whitewater, or Iran-Contra, Abu that is not itself communicated in the news for a loving family in which they are nur- Ghirab—the prison scandal in Iraq— media. tured, comforted, and protected is endless; Enron, WorldCom, corporate govern- (b) SUPERVISORS, EMPLOYERS, AND PERSONS Whereas every year 25,000 children ‘‘age ance issues, the list is almost endless. ASSISTING A COVERED PERSON.—The protec- out’’ of foster care by reaching adulthood Had it not been for confidential sources tion from compelled disclosure described in without being placed in a permanent home; Whereas, since 1987, the number of annual coming forward and sharing informa- subsection (a) shall apply to a supervisor, employer, or any person assisting a person adoptions has ranged from 118,000 to 127,000; tion with a free press that would then covered by subsection (a). Whereas approximately 2,100,000 children share that with the public, if we had to (c) RESULT.—Any news or information ob- in the United States live with adoptive par- rely exclusively on government press tained in violation of the provisions of this ents;

VerDate Aug 04 2004 01:08 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.184 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11649 Whereas approximately 6 of every 10 Amer- Whereas international organizations, the ery, prevention of preterm birth so that ba- icans have been touched personally by adop- Department of State, and Members of Con- bies are born full-term, and treatments im- tion in that they, a family member, or a gress have received reports of mistreatment proving outcomes for infants born pre- close friend was adopted, has adopted a child, over the past 6 months of Hmong in Laos maturely: Now, therefore, be it or has placed a child for adoption; emerging from remote areas of Laos, includ- Resolved, That the Senate recognizes dur- Whereas every day loving and nurturing ing the Xaisomboun Special Zone, the Luang ing the month of November, 2004, activities families are formed when committed and Prabang-Xieng Khouang border area; and programs that promote awareness of and dedicated individuals make an important dif- Whereas the Lao Government has not al- solutions to the dangers of preterm birth ference in the life of a child through adop- lowed independent organizations to monitor across the United States. tion; the treatment of the Hmong emerging from Whereas, on November 20, 2004, commu- remote areas of Laos; SENATE RESOLUTION 477—EX- nities from all 50 States and the District of Whereas in September 2004, Amnesty Inter- PRESSING THE SENSE OF THE Columbia will celebrate National Adoption national issued a statement condemning re- SENATE IN SUPPORT OF A REIN- Day by finalizing the adoption of thousands cent reports that Lao soldiers murdered 5 VIGORATED UNITED STATES VI- of children by loving families; and Hmong children, raping 4 girls, who were for- SION OF FREEDOM, PEACE, AND Whereas on November 4, 2004, the President aging for food close to their camp, and called proclaimed November 2004 as National Adop- it a war crime; and DEMOCRACY IN THE MIDDLE tion Month: Now, therefore, be it Whereas the Lao People’s Democratic Re- EAST Resolved, That the Senate recognizes No- public has failed to substantially improve Mr. FRIST (for himself and Mr. REID) vember 2004 as National Adoption Month. the status of human rights for its citizens: submitted the following resolution; Now therefore be it which was considered and agreed to: SENATE RESOLUTION 475—TO CON- Resolved, that the Senate— S. RES. 477 DEMN HUMAN RIGHTS ABUSES (1) Condems the consistent pattern of seri- IN LAOS ous human rights abuses in the Lao People’s Whereas the President articulated to the Democratic Republic; world on November 12, 2004, a vision of free- Mr. COLEMAN (for himself, Mr. (2) Urges the Government of Laos to in- dom, peace, and democracy for the broader FEINGOLD, Mr. KOHL, and Mr. DAYTON) crease international access to vulnerable Middle East; submitted the following resolution; populations and to respect the basic human Whereas this vision was also shared and ex- which was considered and agreed to: rights of all Laotians, including ethnic and pressed by Prime Minister Blair of the United Kingdom; S. RES. 475 religious minorities; and Whereas that vision includes a just and Whereas the Lao People’s Democratic Re- (3) Hopes that the Lao government intensi- fies its efforts to make its economy and soci- peaceful resolution of the Arab-Israeli con- public is an authoritarian, Communist, one- flict based on 2 democratic States, Israel and ety move open and transparent in light of party state; Palestine, living side by side in peace and se- the congressional grant of normal tragic re- Whereas the Government of Laos has a curity; lations to the Lao People’s Democratic Re- poor human rights record, particularly with Whereas the President again stated his public. regard to its treatment of minorities. commitment to the security of Israel as a Whereas the United States Central Intel- Jewish State; ligence Agency trained and armed tens of SENATE RESOLUTION 476—SUP- Whereas the road map, endorsed by the thousands of Hmong guerrillas to disrupt PORTING THE GOALS, ACTIVI- United States, the United Kingdom, Israel, Viet Cong supply lines and rescue downed pi- TIES, AND IDEALS OF NATIONAL the Palestinian Authority, the European lots during the Vietnam war; PREMATURITY AWARENESS Union, Russia, and the United Nations, re- Whereas in 1975, the Kingdom of Laos was MONTH mains a realistic and widely recognized plan overthrown by the Communist Pathet Lao for making progress toward peace; regime, and tens of thousands of Laotians, Mr. ALEXANDER (for himself and Whereas the international community including the Hmong, were killed or died at Mr. DODD) submitted the following res- should support Palestinian efforts to build the hands of Communist forces while at- olution; which was considered and the necessary political, economic, and secu- tempting to flee the Lao Communist regime, agreed to: rity infrastructure essential to establishing and many others perished in reeducation and a viable, democratic state; labor camps; S. RES. 476 Whereas there will be no lasting peace in Whereas tens of thousands of Hmong be- Whereas preterm birth is a serious and the Middle East without a Palestinian State came refugees, eventually resettling in the growing problem; that is democratic, free, and based on the United States, where they now reside as Whereas, between 1982 and 2002, the rate of rule of law, including free press, free speech, American citizens and lead constructive preterm birth increased 27 percent; an open political process, and religious toler- lives as members of our communities; Whereas, in 2002, more than 480,000 babies ance; Whereas remnants of former Hmong insur- were born prematurely in the United States; Whereas the Palestinian leaders must meet gent groups and their families who once Whereas 25 percent of all babies that die in their commitments under the road map to fought with the United States and the Royal the first month of life were born preterm; fight terrorism and dismantle terrorist orga- Lao Government still remain in remote Whereas premature infants are 14 times nizations; areas of Laos, including Xaisomboun Special more likely to die in the first year of life; Whereas the Palestinian Authority will Zone and the Luang Prabang Province; Whereas premature babies who survive need a credible and unified security struc- Whereas in August 2003 the United Nations may suffer lifelong consequences, including ture capable of providing security for the Committee to Eliminate Racial Discrimina- cerebral palsy, mental retardation, chronic Palestinian people and fighting terrorism; tion strongly criticized the Lao People’s lung disease, and vision and hearing loss; Whereas Palestinian leaders, with help Democratic Republic for failing to honor its Whereas preterm birth and low birthweight from the international community, must obligations, expressed its grave concerns re- are a significant financial burden in health also develop effective and transparent finan- garding reports of human rights violations, care; cial structures that provide for the economic including brutalities inflicted on the Hmong, Whereas, in 2002, the estimated charges for and social needs of the Palestinian people; and deplored the measures taken by the Lao hospital stays for infants with a diagnosis of Whereas the President stated that now is authorities to prevent any reporting of the preterm birth or low birthweight were the time to seize the opportunity of new cir- situation of the Hmong; $15,500,000,000, a 12 percent increase since cumstances in the region to redouble our ef- Whereas in October 2003, Amnesty Inter- 2001; forts to achieve this goal; national issued a statement detailing its Whereas the average lifetime medical costs Whereas achieving the goals of peace, secu- concern about the use of starvation by the of a premature baby are conservatively esti- rity, and stability will require the United Lao Government as a ‘‘weapon of war against mated at $500,000; States, its international partners, and the civilians’’ in Laos and the deteriorating situ- Whereas the cause of approximately half of parties involved to take the following steps ation facing thousands of family members of all preterm births is unknown; articulated in a Joint Statement by Presi- ethnic minority groups; Whereas women who smoke during preg- dent Bush and Prime Minister Blair on No- Whereas the Department of State reported nancy are twice as likely as women who do vember 12, 2004: in its most recent Country Report on Human not smoke during pregnancy to give birth to (1) recommit to the overarching 2-State vi- Rights Practices for Laos that the ‘‘Govern- a low birthweight baby, and babies born to sion set out by President Bush in his state- ment’s human rights record remained poor,’’ women who smoke during pregnancy weigh, ment of June 24, 2002 and repeated in the and highlighted press reports that one group on average, 200 grams less than babies born road map; of Hmong in Xaisomboun Special Zone, to women who do not smoke during preg- (2) support the Palestinians as they choose mostly women and children, was being sys- nancy; and a new President within the next 60 days, and tematically hunted down and attacked by Whereas to reduce the rates of preterm as they embark upon an electoral process government air and ground forces and that it labor and delivery more research is needed that will lead to lasting democratic institu- was at the point of starvation; on the underlying causes of preterm deliv- tions;

VerDate Aug 04 2004 01:08 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.142 S19PT2 S11650 CONGRESSIONAL RECORD — SENATE November 19, 2004 (3) mobilize international support behind a fice and was a candidate in the general elec- Whereas Emmett’s mother, Mamie Till, plan to ensure that the Palestinians have the tion for such next term, made the extraordinary decision to leave the political, economic, and security infrastruc- ‘‘(B) whose employment described in sub- casket open at her son’s funeral in Chicago, ture they need to create a free, viable, and paragraph (A) was at least 183 days (whether in order to allow the world to see the bru- democratic State, including free press, free or not service was continuous) before the tality of the crime perpetrated against her speech, an open political process, and reli- date of termination of employment described son; gious tolerance; in paragraph (4), and Whereas tens of thousands of people viewed (4) support the disengagement plan of ‘‘(C) whose pay is disbursed by the Sec- Emmett Till’s body in a Chicago church for Prime Minister Sharon from Gaza and stipu- retary of the Senate. 4 days; and press from around the world pub- lated parts of the West Bank as part of this The term ‘eligible staff member’ shall not in- lished photographs of Emmett’s maimed overall plan; and clude an employee to whom the first section face; and the sheer brutality of his murder (5) recognize that these steps lay the basis of this resolution applies. became international news that highlighted for more rapid progress on the road map as ‘‘(4) The term ‘displaced staff member’ the violent racism of the Jim Crow South; a reliable guide leading to final status nego- means an eligible staff member— Whereas Jet Magazine and the Chicago De- tiations; ‘‘(A) whose service as an employee of the fender published photographs of Emmett Whereas the United States will join with Senate is terminated solely and directly as a Till’s body outraging African-Americans others in the international community to result of— around the United States; foster the development of Palestinian demo- ‘‘(i) in the case of employment described in Whereas the trial of J.W. Milam and Roy cratic political institutions, support the new paragraph (3)(A)(i), a change in the indi- Bryant began in September of that year with leadership of the Palestinians that is com- vidual occupying the position of Chairman or an all-male, all-White jury, because African- mitted to those institutions, assist in the re- Ranking Minority Member of a committee or Americans and women were banned from construction of civic institutions, promote in the individual occupying the Senate lead- serving; the growth of a free and prosperous econ- ership office, and Whereas the trial of Milam and Bryant was omy, and endorse the building of capable se- ‘‘(ii) in the case of employment described a microcosm of the Jim Crow South: Afri- curity institutions dedicated to maintaining in paragraph (3)(A)(ii), the expiration of the can-Americans were packed in a specific sec- law and order and dismantling terrorist or- term of office of the Senator, and tion of the courtroom balcony; the defend- ganizations; and ‘‘(B) who is certified, not later than 60 days ants’ families were seen laughing and joking Whereas in order to promote a lasting after the date of the change or expiration of with the prosecution and the jury; and food peace, all States in the region must oppose term of office, whichever is applicable, as a and snacks were passed out to White observ- violence and terrorism, foster the develop- displaced staff member by the Chairman or ers; ment of democratic political and civic insti- Ranking Minority Member of the committee, Whereas Moses Wright did the unthinkable tutions, support the emergence of a peaceful the Senator occupying the Senate leadership as an African-American and openly accused and democratic Palestine, and state clearly office, or the Senator whose term is expiring, the White defendants in public court of mur- that they will live in peace with Israel: Now, whichever is applicable, to the Secretary of dering his nephew; therefore, be it the Senate.’’. Whereas Moses Wright was run out of town Resolved that the Senate— (b) Subsection (b) of the first section of for his actions in court; (1) endorses the Joint Statement made by such Senate Resolution 458 is amended— Whereas J.W. Milam and Roy Bryant were President Bush and Prime Minister Blair on (1) by inserting ‘‘President pro tempore acquitted of the murder of Emmett Till, and November 12, 2004, expressing a shared vision emeritus,’’ after ‘‘Deputy President pro tem- Bryant celebrated his acquittal with his wife of freedom, peace, and democracy in the pore,’’; in front of the cameras; broader Middle East and supports a reinvigo- (2) by striking ‘‘or’’ before ‘‘Secretary’’; Whereas protected from further prosecu- rated and concerted United States-led inter- and tion, Milam and Bryant candidly confessed national effort to achieve that vision; (3) by inserting ‘‘the Chairman of the Con- their torture and murder of Emmett Till; (2) supports explicitly the steps presented ference of the Majority, the Chairman of the Milam did so on the record to Look Magazine by President Bush and Prime Minister Blair Conference of the Minority, the Chairman of for $4,000; in that Joint Statement as the basis for the Majority Policy Committee, or the Whereas Mamie Till and thousands of oth- more rapid progress on the road map as a re- Chairman of the Minority Policy Com- ers pleaded with the Department of Justice liable guide leading to final status negotia- mittee,’’ before ‘‘the employees of such of- and the Federal Bureau of Investigation to tions; fice’’. reopen and investigate the case; (3) reaffirms its commitment to a vision of Whereas the Federal Government did abso- 2 democratic States, Israel and Palestine, SENATE CONCURRENT RESOLU- lutely nothing, and President Eisenhower living side by side in peace and security as and FBI Director J. Edgar Hoover refused to the key to peace; and TION 150—EXPRESSING THE reopen the case and did not even answer (4) expresses its commitment to the road SENSE OF CONGRESS WITH RE- Mamie Till’s urgent telegraph; map, which was endorsed by the United SPECT TO THE MURDER OF EM- Whereas 100 days later, Rosa Parks refused States, Israel, the Palestinian Authority, the METT TILL to give up her bus seat to a White patron and European Union, Russia, and the United Na- Mr. SCHUMER (for himself and Mr. the modern civil rights revolution began; tions, as a realistic and widely recognized Whereas many historians regard the mur- plan for making progress toward peace. TALENT) submitted the following con- der of Emmett Till as the true spark of the current resolution; which was referred civil rights movement; to the Committee on the Judiciary: Whereas Mamie Till, who died on January SENATE RESOLUTION 478—RELAT- S. CON. RES. 150 6, 2003, moved back to Chicago, taught, and ING TO DISPLACED STAFF MEM- Whereas Emmett Till was born in Chicago, continued to talk about her son Emmett’s BERS OF SENATORS AND SEN- Illinois, at Cook County Hospital, on July 25, murder; and expressed her wishes for a full ATE LEADERS 1941, to Mamie and Louis Till; Federal investigation; Mr. FRIST submitted the following Whereas Emmett Till traveled to Money, Whereas more than 48 years have passed Mississippi, to spend the summer with his since the murder of Emmett Till; resolution; which was considered and Whereas the remaining witnesses to this agreed to: uncle, Moses Wright, and his relatives; Whereas in August 1955, 14-year-old Em- gruesome crime are elderly; S. RES. 478 mett Till—with adolescent flamboyance, but Whereas House Concurrent Resolution 360 Resolved, That (a) paragraphs (3) and (4) of unfamiliarity of the racial customs of the entitled ‘‘Expressing the sense of Congress section 6(a) of Senate Resolution 458, 98th South—allegedly whistled at Carolyn Bry- with respect to the murder of Emmett Till’’, Congress, agreed to October 4, 1984 (as ant, a White woman; was introduced on February 10, 2004, by Rep- amended by Senate Resolution 9, 103d Con- Whereas on August 28, at about 2:30 a.m., resentative Bobby Rush; gress, agreed to January 7, 1993) are amended Roy Bryant, Carolyn Bryant’s husband, and Whereas the Department of Justice re- to read as follows: his half brother, J.W. Milam, kidnaped Em- opened the investigation into the murder of ‘‘(3) The term ‘eligible staff member’ mett Till from his uncle Moses Wright’s Emmett Till on May 11, 2004; and means an individual— home; Whereas Congress supports the decision to ‘‘(A) who was an employee— Whereas Bryant and Milam brutally beat reopen the investigation of the murder of ‘‘(i) of a committee or subcommittee there- Emmett Till, took him to the edge of the Emmett Till: Now, therefore, be it of or a Senate leadership office described in Tallahatchie River, shot him in the head, Resolved by the Senate (the House of Rep- subsection (b) of the first section of this res- fastened a large metal fan used for ginning resentatives concurring), That Congress— olution, or cotton to his neck with barbed wire, and (1) calls on all authorities with jurisdic- ‘‘(ii) in an office of a Senator on the expira- pushed the body into the river; tion, including the Department of Justice tion of the term of office of such Senator as Whereas 3 days later, Emmett Till’s de- and the State of Mississippi, to— a Senator, but only if the Senator is not composed corpse was pulled from the (A) expeditiously bring those responsible serving as a Senator for the next term of of- Tallahatchie River; for the murder of Emmett Till to justice, due

VerDate Aug 04 2004 01:08 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.143 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11651 to the amount of time that has passed since careful national and international system of sense of the Senate concerning the in- the murder and the age of the witnesses; and control, regulation, and use. dividual Indian money account trust (B) provide all the resources necessary to fund lawsuit; as follows: ensure a timely and thorough investigation; AMENDMENTS SUBMITTED & and PROPOSED Strike all after the resolving clause and in- sert the following: (2) calls on the Department of Justice to SA 4068. Mr. CRAIG (for Mr. CAMPBELL) SECTION 1. SENSE OF THE SENATE. fully report the findings of their investiga- proposed an amendment to the bill S. 1438, to It is the sense of the Senate that— tion to Congress. provide for equitable compensation to the (1) the interests of the Indian beneficiaries Spokane Tribe of Indians of the Spokane and the United States would best be served SENATE CONCURRENT RESOLU- Reservation for the use of tribal land for the by a voluntary alternative dispute resolution production of hydropower by the Grand Cou- TION 151—RECOGNIZING THE ES- process, not limited to mediation, that will lee Dam, and for other purposes. SENTIAL ROLE THAT THE ATOM- lead to a full, fair, and final resolution of po- SA 4069. Mr. CRAIG (for Mr. CAMPBELL) IC ENERGY ACT OF 1954 HAS tential individual Indian money account proposed an amendment to the resolution S. claims; and PLAYED IN DEVELOPMENT OF Res. 248, expressing the sense of the Senate (2) Federal legislation may be necessary to PEACEFUL USES OF ATOMIC EN- concerning the individual Indian money ac- ensure a full, fair, and final resolution of the ERGY count trust fund lawsuit. class action litigation. Mr. DOMENICI submitted the fol- SA 4070. Mr. CRAIG (for Mr. CAMPBELL) proposed an amendment to the resolution S. lowing concurrent resolution; which Mr. CRAIG (for Mr. CAMP- Res. 248, supra. SA 4070. was referred to the Committee on Envi- BELL SA 4071. Mr. SESSIONS (for Mr. LUGAR) ) proposed an amendment to the ronment and Public Works: proposed an amendment to the bill H.R. 2655, resolution S. Res. 248, expressing the S. CON RES. 151 to amend and extend the Irish Peace Process sense of the Senate concerning the in- Whereas the Atomic Energy Act of 1954 (42 Cultural and Training Program Act of 1998. dividual Indian money account trust U.S.C. 2011 et seq.) followed and sought to SA 4072. Mr. SESSIONS (for Mr. LEAHY (for fund lawsuit; as follows: implement the Atoms for Peace speech of himself, Mr. SCHUMER, Mr. LOTT, Mr. HATCH, Strike the preamble and insert the fol- President Dwight David Eisenhower in De- and Mr. CORNYN)) proposed an amendment to lowing: cember 1953, which provided the United the bill S. 2873, to extend the authority of Whereas, since the 19th century, the States and the world with a blueprint for the United States District Court for the United States has held Indian funds and re- commercial development of atomic energy to Southern District of Iowa to hold court in sources in trust for the benefit of Indians, the benefit of humanity; Rock Island, Illinois. and in its capacity as trustee, is obligated to Whereas the Atomic Energy Act of 1954 de- SA 4073. Mr. SESSIONS (for Mr. DORGAN) protect those funds and resources; fined mechanisms for the production, con- proposed an amendment to the bill S. 2154, to Whereas the Senate reaffirms that in con- trol, and use of nuclear materials; establish a National sex offender registration tinuing to hold and manage Indian funds and Whereas the Atomic Energy Act of 1954 database, and for other purposes. resources for the benefit of the Indians, the provided the initial framework for regula- f United States must act in accordance with tion of nuclear material and facilities and all applicable standards and duties of care; provided recognition that such control is TEXT OF AMENDMENTS Whereas, in 1996, a class action was necessary in the national interest to ensure SA 4068. Mr. CRAIG (for Mr. CAMP- brought against the United States seeking the common defense and security and to pro- BELL) proposed an amendment to the an accounting of balances of individual In- tect the health and safety of the public; dian money accounts and rehabilitation of Whereas the Atomic Energy Act of 1954 bill S. 1438, to provide for equitable compensation to the Spokane Tribe of the trust system; recognized the need for development and use Whereas after 8 years of litigation and the of atomic energy under conditions to pro- Indians of the Spokane Reservation for expenditure of tens of millions of dollars in mote the general welfare; the use of tribal land for the produc- Federal funds, the Senate believes that there Whereas the Atomic Energy Act of 1954 tion of hydropower by the Grand Cou- is a demonstrated need to assist and encour- recognized that it was in the national inter- lee Dam, and for other purposes; as fol- age the parties in reaching a full, fair, and est to conduct a comprehensive program of lows: final resolution to the class action litiga- research and development to optimize the tion; and benefits of nuclear technologies for human- In section 9(c), redesignate paragraph (3) as paragraph (4). Whereas the resolution of the class action ity; litigation may be achieved through alter- Whereas the Atomic Energy Act of 1954 set In section 9(c), after paragraph (2), insert the following: native dispute resolution processes, includ- forth the necessity to control certain types ing mediation: Now, therefore, be it of information, material, and facilities for (3) RETENTION OF NATIONAL PARK SYSTEM STATUS.— security purposes, while ensuring unclassi- SA 4071. Mr. SESSIONS (for Mr. fied dissemination of appropriate scientific (A) IN GENERAL.—Land transferred under this section that, before the date of enact- LUGAR) proposed an amendment to the and technical information; bill H.R. 2655, to amend and extend the Whereas the Atomic Energy Act of 1954 ment of this Act, was included in the Lake provided the initial framework for inter- Roosevelt National Recreation Area shall re- Irish Peace Process Cultural and Train- national cooperation in nuclear tech- main part of the Recreation Area. ing Program Act of 1998; as follows: nologies, under suitable controls to ensure (B) ADMINISTRATION.—Nothing in this sec- Strike all after the enacting clause and in- common defense and security, to provide co- tion affects the authority or responsibility of sert the following: the National Park Service to administer the operating nations with the benefits of peace- SECTION 1. AMENDMENT AND EXTENSION OF ful uses of atomic energy; and Lake Roosevelt National Recreation Area IRISH PEACE PROCESS CULTURAL Whereas the legacy of the Atomic Energy under the Act of August 25, 1916 (39 Stat. 535, AND TRAINING PROGRAM. Act of 1954, with 103 operating nuclear power chapter 408; 16 U.S.C. 1 et seq.). (a) IRISH PEACE PROCESS CULTURAL AND plants in the United States providing 20 per- On page 23, Section 6, after line 13 insert TRAINING PROGRAM ACT.— cent of the electricity supply of the United the following: (1) PROGRAM PARTICIPANT REQUIREMENTS.— States, is invaluable in providing clean, (c) PAYMENT RECOVERY.—Pursuant to the Section 2(a) of the Irish Peace Process Cul- emission-free, reliable power to the United payment schedule in subsection (b), the Ad- tural and Training Program Act of 1998 (8 States: Now, therefore, be it ministrator shall make commensurate cost U.S.C. 1101 note) is amended by adding at the Resolved by the Senate (the House of Rep- reductions in expenditures on an annual end the following: resentatives concurring), That Congress— basis to recover each payment to the Tribe. ‘‘(5) PROGRAM PARTICIPANT REQUIRE- (1) recognizes that the enactment of the The Administrator shall include this specific MENTS.—An alien entering the United States Atomic Energy Act of 1954 (42 U.S.C. 2011 et cost reduction plan in the annual budget as a participant in the program shall satisfy seq.) was an essential step in the develop- submitted to Congress. the following requirements: ment and use of a range of civilian nuclear On page 28, after line 3, insert the fol- ‘‘(A) The alien shall be a citizen of the technologies to the benefit of humanity; lowing: United Kingdom or the Republic of Ireland. (2) commends and remembers the authors SEC. 12. PRECEDENT.—Nothing in this Act ‘‘(B) The alien shall be between 21 and 35 of the original Atomic Energy Act of 1954 for establishes any precedent or is binding on years of age on the date of departure for the their foresight and leadership; and the Southwestern Power Administration, United States. (3) commemorates the role played by Western Area Power Administration, or ‘‘(C) The alien shall have resided continu- President Dwight David Eisenhower in his Southeastern Power Administration. ously in a designated county for not less historic Atoms for Peace speech and the than 18 months before such date. leadership he demonstrated in recognizing 50 SA 4069. Mr. CRAIG (for Mr. CAMP- ‘‘(D) The alien shall have been continu- years ago that the benefits of nuclear tech- BELL) proposed an amendment to the ously unemployed for not less than 12 nologies would be realized only through a resolution S. Res. 248, expressing the months before such date.

VerDate Aug 04 2004 02:43 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.143 S19PT2 S11652 CONGRESSIONAL RECORD — SENATE November 19, 2004 ‘‘(E) The alien may not have a degree from ‘‘(A) departure from the United States SEC. 3. AVAILABILITY OF THE NSOR DATABASE an institution of higher education.’’. would impose exceptional hardship upon the TO THE PUBLIC. (2) EXTENSION OF PROGRAM.—Section 2 of alien’s spouse or child (if such spouse or (a) IN GENERAL.—The Attorney General the Irish Peace Process Cultural and Train- child is a citizen of the United States or an shall— ing Program Act of 1998 (8 U.S.C. 1101 note) alien lawfully admitted for permanent resi- (1) make publicly available in a registry is amended— dence); or (in this Act referred to as the ‘‘public reg- (A) in subsection (a)(3), by striking ‘‘the ‘‘(B) the admission of the alien is in the istry’’) from information contained in the third program year and for the 4 subsequent public interest or the national interest of the the National Sex Offender Registry, via the years,’’ and inserting ‘‘each program year,’’; United States.’’. Internet, all information described in sub- and section (b); and (B) by amending subsection (d) to read as SA 4072. Mr. SESSIONS ( for Mr. (2) allow for users of the public registry to follows: LEAHY (for himself, Mr. SCHUMER, Mr. determine which registered sex offenders are ‘‘(d) SUNSET.— LOTT, Mr. HATCH, and Mr. CORNYN)) currently residing within a radius, as speci- ‘‘(1) Effective October 1, 2008, the Irish proposed an amendment to the bill S. fied by the user of the public registry, of the Peace Process Cultural and Training Pro- location indicated by the user of the public gram Act of 1998 is repealed. 2873, to extend the authority of the registry. ‘‘(2) Effective October 1, 2008, section United States District Court for the (b) INFORMATION AVAILABLE IN PUBLIC REG- 101(a)(15)(Q) of the Immigration and Nation- Southern District of Iowa to hold court ISTRY.—With respect to any person convicted ality Act (8 U.S.C. 1101(a)(15)(Q)) is amend- in Rock Island, Illinois; as follows: of a criminal offense against a victim who is ed— At the end of the bill add the following: a minor or a sexually violent offense, or any ‘‘(A) by striking ‘or’ at the end of clause sexually violent predator, required to reg- (i); SEC. 2. HOLDING OF COURT AT CLEVELAND, MIS- SISSIPPI. ister with a minimally sufficient sexual of- ‘‘(B) by striking ‘(i)’ after ‘(Q)’; and Section 104(a)(3) of title 28, United States fender registration program within a State, ‘‘(C) by striking clause (ii).’’. Code, is amended in the second sentence by including a program established under sec- (3) COST-SHARING.—Section 2 of the Irish inserting ‘‘and Cleveland’’ after ‘‘Clarks- tion 170101 of the Jacob Wetterling Crimes Peace Process Cultural and Training Pro- dale’’. Against Children and Sexually Violent Of- gram Act of 1998 (8 U.S.C. 1101 note), as SEC. 3. PLACE OF HOLDING COURT IN TEX- fender Registration Act (42 U.S.C. 14017(b)), amended by paragraph (2), is further amend- the public registry shall provide, to the ex- ed— ARKANA, TEXAS, AND TEXARKANA, ARKANSAS. tent available in the National Sex Offender (A) by redesignating subsections (c) and (d) Sections 83(b)(1) and 124(c)(5) of title 28, Registry— as subsections (d) and (e), respectively; and United States Code, are each amended by in- (1) the name and any known aliases of the (B) by inserting after subsection (b), the serting after ‘‘held at Texarkana’’ the fol- person; following new subsection: lowing: ‘‘, and may be held anywhere within (2) the date of birth of the person; ‘‘(c) COST-SHARING.—The Secretary of (3) the current address of the person and State shall verify that the United Kingdom the Federal courthouse in Texarkana that is and the Republic of Ireland continue to pay located astride the State line between Texas any subsequent changes of that address; a reasonable share of the costs of the admin- and Arkansas’’. (4) a physical description and current pho- istration of the cultural and training pro- SEC. 4. PLACE OF HOLDING COURT IN THE tograph of the person; grams carried out pursuant to this Act.’’. NORTHERN DISTRICT OF NEW YORK. (5) the nature of and date of commission of (4) TECHNICAL AMENDMENTS.—The Irish Section 112(a) of title 28, United States the offense by the person; Peace Process Cultural and Training Pro- Code, is amended by striking ‘‘and Water- (6) the date on which the person is released gram Act of 1998 (8 U.S.C. 1101 note) is town’’ and inserting ‘‘Watertown, and from prison, or placed on parole, supervised amended— Plattsburgh’’. release, or probation; and (A) by striking ‘‘Attorney General’’ each SEC. 5. PLACE OF HOLDING COURT IN THE DIS- (7) any other information the Attorney place such term appears and inserting ‘‘Sec- TRICT OF COLORADO. General considers appropriate. retary of Homeland Security’’; and Section 85 of title 28, United States Code, SEC. 4. RELEASE OF HIGH RISK INMATES. (B) by striking ‘‘Immigration and Natu- is amended by inserting ‘‘Colorado Springs,’’ (a) CIVIL COMMITMENT PROCEEDINGS.— ralization Service’’ each place such term ap- after ‘‘Boulder,’’. (1) IN GENERAL.—Any State that provides pears and inserting ‘‘Department of Home- for a civil commitment proceeding, or any land Security’’. SA 4073. Mr. SESSIONS (for Mr. DOR- equivalent proceeding, shall issue timely no- (b) IMMIGRATION AND NATIONALITY ACT.— GAN) proposed an amendment to the tice to the attorney general of that State of (1) REQUIREMENTS FOR NONIMMIGRANT STA- bill S. 2154, to establish a National sex the impending release of any person incar- TUS.—Section 101(a)(15)(Q) of the Immigra- offender registration database, and for cerated by the State who— tion and Nationality Act (8 U.S.C. other purposes; as follows: (A) is a sexually violent predator; or 1101(a)(15)(Q)) is amended— (B) has been deemed by the State to be at (A) by striking ‘‘Attorney General’’ each SECTION 1. SHORT TITLE. high-risk for recommitting any sexually vio- place such term appears and inserting ‘‘Sec- This Act may be cited as the ‘‘Dru Sjodin lent offense or criminal offense against a vic- retary of Homeland Security’’; and National Sex Offender Public Database Act tim who is a minor. (B) in clause (ii)(I)— of 2004’’ or ‘‘Dru’s Law’’. (2) REVIEW.—Upon receiving notice under (i) by striking ‘‘35 years of age or younger SEC. 2. DEFINITION. paragraph (1), the State attorney general having a residence’’ and inserting ‘‘citizen of In this Act: shall consider whether or not to institute a the United Kingdom or the Republic of Ire- (1) CRIMINAL OFFENSE AGAINST A VICTIM WHO civil commitment proceeding, or any equiva- land, 21 to 35 years of age, unemployed for IS A MINOR.—The term ‘‘criminal offense lent proceeding required under State law. not less than 12 months, and having a resi- against a victim who is a minor’’ has the (b) MONITORING OF RELEASED PERSONS.— dence for not less than 18 months’’; and same meaning as in section 170101(a)(3) of the (1) IN GENERAL.—Each State shall inten- (ii) by striking ‘‘36 months)’’ and inserting Jacob Wetterling Crimes Against Children sively monitor, for not less than 1 year, any ‘‘24 months)’’. and Sexually Violent Offender Registration person described under paragraph (2) who— (2) FOREIGN RESIDENCE REQUIREMENT.—Sec- Act (42 U.S.C. 14071(a)(3)). (A) has been unconditionally released from tion 212 of the Immigration and Nationality (2) MINIMALLY SUFFICIENT SEXUAL OF- incarceration by the State; and Act (8 U.S.C. 1182) is amended— FENDER REGISTRATION PROGRAM.—The term (B) has not been civilly committed pursu- (A) by redesignating the subsection (p) as ‘‘minimally sufficient sexual offender reg- ant to a civil commitment proceeding, or added by section 1505(f) of Public Law 106–386 istration program’’ has the same meaning as any equivalent proceeding under State law. (114 Stat. 1526) as subsection (s); and in section 170102(a) of the Jacob Wetterling (2) APPLICABILITY.—Paragraph (1) shall (B) by adding at the end the following: apply to— ‘‘(t)(1) Except as provided in paragraph (2), Crimes Against Children and Sexually Vio- no person admitted under section lent Offender Registration Act (42 U.S.C. (A) any sexually violent predator; or 101(a)(15)(Q)(ii)(I), or acquiring such status 14072(a)). (B) any person who has been deemed by the after admission, shall be eligible to apply for (3) SEXUALLY VIOLENT OFFENSE.—The term State to be at high-risk for recommitting nonimmigrant status, an immigrant visa, or ‘‘sexually violent offense’’ has the same any sexually violent offense or criminal of- permanent residence under this Act until it meaning as in section 170101(a)(3) of the fense against a victim who is a minor. is established that such person has resided Jacob Wetterling Crimes Against Children (c) COMPLIANCE.— and been physically present in the person’s and Sexually Violent Offender Registration (1) COMPLIANCE DATE.—Each State shall country of nationality or last residence for Act (42 U.S.C. 14071(a)(3)). have not more than 3 years from the date of an aggregate of at least 2 years following de- (4) SEXUALLY VIOLENT PREDATOR.—The enactment of this Act in which to implement parture from the United States. term ‘‘sexually violent predator’’ has the the requirements of this section. ‘‘(2) The Secretary of Homeland Security same meaning as in section 170102(a) of the (2) INELIGIBILITY FOR FUNDS.—A State that may waive the requirement of such 2-year Jacob Wetterling Crimes Against Children fails to implement the requirements of this foreign residence abroad if the Secretary de- and Sexually Violent Offender Registration section, shall not receive 25 percent of the termines that— Act (42 U.S.C. 14072(a)). funds that would otherwise be allocated to

VerDate Aug 04 2004 01:08 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.146 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11653 the State under section 20106(b) of the Vio- devastating effects of preterm birth The PRESIDING OFFICER. Without lent Crime Control and Law Enforcement and what our government agencies and objection, it is so ordered. Act of 1994 (42 U.S.C. 13706(b)). private organizations are doing to com- The resolution (S. Res. 476) was (3) REALLOCATION OF FUNDS.—Any funds bat this crisis. We heard the inspira- agreed to. that are not allocated for failure to comply The preamble was agreed to. with this section shall be reallocated to tional story of Kelley Bolton Jordan States that comply with this section. and her daughter, Whitney, from Mem- The resolution, with its preamble, phis, Tennessee. Whitney was born 31⁄2 reads as follows: f months early and weighed just 1 lb. 10 S. RES. 476 60TH ANNIVERSARY OF THE oz. Imagine a leg so small it could fit Whereas preterm birth is a serious and BATTLE OF THE BULGE through a wedding ring. growing problem; Mr. SESSIONS. Mr. President, I ask Whitney spent 3 grueling months in Whereas, between 1982 and 2002, the rate of unanimous consent that the Senate intensive care. She is now a healthy, preterm birth increased 27 percent; Whereas, in 2002, more than 480,000 babies proceed to the immediate consider- happy 3 year-old and has no repercus- sions from her early birth—other ba- were born prematurely in the United States; ation of H.J. Res. 110, which has been Whereas 25 percent of all babies that die in received from the House. bies are not as lucky. Preterm birth the first month of life were born preterm; The PRESIDING OFFICER. The takes a severe toll on America’s fami- Whereas premature infants are 14 times clerk will report the resolution by lies and strains our health care system. more likely to die in the first year of life; title. Each year, 100,000 children develop Whereas premature babies who survive The legislative clerk read as follows: health problems because of their early may suffer lifelong consequences, including births, including cerebral palsy and vi- cerebral palsy, mental retardation, chronic A resolution (H.J. Res. 110) recognizing the lung disease, and vision and hearing loss; 60th anniversary of the Battle of the Bulge sion and hearing loss. And preterm birth is the leading cause of death in Whereas preterm birth and low birthweight during World War II. are a significant financial burden in health There being no objection, the Senate the first month of life. care; proceeded to consider the resolution. With over half the causes of preterm Whereas, in 2002, the estimated charges for Mr. SESSIONS. I ask unanimous con- birth unknown, more research is des- hospital stays for infants with a diagnosis of sent that the joint resolution be read perately needed. That’s why I plan to preterm birth or low birthweight were the third time and passed, the pre- re-introduce ‘‘the PREEMIE Act’’ and $15,500,000,000, a 12 percent increase since 2001; amble be agreed to, the motion to re- hope that the Senate can pass this leg- islation in the 109th Congress. Whereas the average lifetime medical costs consider be laid upon the table, and of a premature baby are conservatively esti- any statement related to the joint res- I commend the March of Dimes for its dedication in working toward a day mated at $500,000; olution be printed in the RECORD. Whereas the cause of approximately half of The PRESIDING OFFICER. Without when babies and their families no all preterm births is unknown; objection, it is so ordered. longer have to face the devastating Whereas women who smoke during preg- The joint resolution (H.J. Res. 110) consequences of premature birth. If we nancy are twice as likely as women who do was read the third time and passed. work together to focus public and pri- not smoke during pregnancy to give birth to a low birthweight baby, and babies born to The preamble was agreed to. vate resources on this problem, we can decrease the number of premature women who smoke during pregnancy weigh, f births in every state. on average, 200 grams less than babies born Mr. DODD. Mr. President, I draw at- to women who do not smoke during preg- PREMATURITY AWARENESS nancy; and MONTH tention to the growing problem of pre- Whereas to reduce the rates of preterm Mr. SESSIONS. I ask unanimous con- mature birth. As a sponsor of the labor and delivery more research is needed sent that the Senate proceed to the im- PREEMIE Act, with my colleague Sen- on the underlying causes of preterm deliv- mediate consideration of S. Res. 476, ator ALEXANDER, I have heard the sto- ery, prevention of preterm birth so that ba- bies are born full-term, and treatments im- introduced earlier today by Senator ries about the strain a premature birth places on families, as well as the life- proving outcomes for infants born pre- ALEXANDER. maturely: Now, therefore, be it The PRESIDING OFFICER. The long health problems many preterm children face. Resolved, That the Senate recognizes dur- clerk will report the resolution by ing the month of November, 2004, activities Nationwide, 1 out of every 8 babies is title. and programs that promote awareness of and born too early. In my own State of The legislative clerk read as follows: solutions to the dangers of preterm birth Connecticut, 1 of every 10 babies born across the United States. A resolution (S. Res. 476) supporting the in 2002 was preterm and the rate of goals, activities and ideals of National Pre- f maturity Awareness Month. preterm births in Connecticut has risen more than 11% since 1992. IMPROVING EDUCATION RESULTS There being no objection, the Senate Senator ALEXANDER and I are intro- FOR CHILDREN WITH DISABIL- proceeded to consider the resolution. ducing a resolution to raise awareness ITIES ACT OF 2004—CONFERENCE PREMATURITY AWARENESS MONTH of this public health crisis. As part of REPORT Mr. ALEXANDER. Mr. President, I their 5-year campaign designed to use Mr. SESSIONS. I ask unanimous con- rise today to discuss the increasing the combined power of awareness, edu- sent that the Senate proceed to the number of babies born too early. The cation, and research to significantly conference report to accompany H.R. March of Dimes has designated Novem- decrease the number of premature 1350, the IDEA bill, that the conference ber as Prematurity Awareness Month births in the United States, the March report be agreed to, the motion to re- to draw attention to the growing, cost- of Dimes has designated November as consider be laid upon the table, and ly and serious public health problem of Prematurity Awareness Month. I am any statements be printed in the preterm birth. My colleague, Senator pleased to be supporting this campaign. RECORD. DODD, and I have introduced a resolu- I urge my colleagues to find out The PRESIDING OFFICER. Without tion supporting this effort and look about the toll of premature births in objection, it is so ordered. forward to swift approval in the Sen- their states and to work together to Mr. GREGG. Mr. President, I am ate. solve this problem. I hope we can move pleased that we are now considering Nationwide, over 480,0000 babies were the PREEMIE Act quickly in the 109th the conference report on the Individ- born prematurely in 2002. In my own Congress in order to expand the Gov- uals with Disabilities Education Im- State of Tennessee, one of every seven ernment’s efforts to reduce the rates of provement Act. This bill reauthorizes babies born in 2002 was born preterm, preterm birth. IDEA, our Federal law governing spe- and the rate of preterm births in Ten- Mr. SESSIONS. I ask unanimous con- cial education services for children nessee has risen more than 9 percent sent that the resolution be agreed to, with disabilities. since 1992. the preamble be agreed to, the motion As we close in on the 30-year anniver- Earlier this year, the Subcommittee to reconsider be laid upon the table and sary of the Federal role in special edu- on Children and Families, which I any statements relating to this matter cation, I think it important to high- chair, held a hearing to learn about the be printed in the RECORD. light where we were, where we are and

VerDate Aug 04 2004 01:47 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.147 S19PT2 S11654 CONGRESSIONAL RECORD — SENATE November 19, 2004 where we are going to ensure that chil- This report does five very important by: making the discipline provisions in dren with disabilities are provided a things. current law easier to understand and high-quality education that prepares First, it reinforces the most basic implement and more fair and equi- them for life outside the classroom. goal under IDEA: making sure students table; ensuring that positive behavioral Almost 30 years ago, the Education are learning. The report shifts focus interventions and supports remain an for All Handicapped Children Act away from compliance with burden- option on the IEP; and empowering opened schoolhouse doors for children some and confusing rules, and places a schools to discipline children whose be- with disabilities. Prior to that land- renewed emphasis on our most funda- havior is not the direct result of their mark legislation, most students with mental concern making sure that chil- disability. disabilities did not attend public dren with disabilities receive a quality Fifth, it provides fiscal relief to school. Indeed, many States had laws education. school districts by: including a 7-year excluding certain children with disabil- Specifically, the report: ensures discretionary glide path to full funding ities from their schools, including the States focus on improved academic re- through the discretionary appropria- blind, deaf, emotionally disturbed or sults and functional performance for tions process; providing new resources children with mental retardation. students with disabilities; clarifies to assist school districts in delivering a Today, special education programs methods for measuring student free appropriate public education to have been established in virtually progress by replacing arbitrary bench- high-need children who may require ex- every school district in America. The marks and short-term objectives with pensive services; simplifying funding overwhelming majority of children academic assessments under NCLB, in- for grants, making future years’ fund- with disabilities—about 96 percent— cluding alternate assessments; provides ing levels and amounts more predict- learn in regular schools with other for a national study of valid and reli- able; and giving districts flexibility to children, not in state institutions or able alternate assessment systems and shift some local funding for certain separate facilities. In fact, half of stu- how alternate assessments align with programs to other ESEA priorities as dents with disabilities spend 80 percent State content standards; and allows for federal IDEA funding increases. or more of their day in regular class- the development of new approaches to I thank all members of the con- rooms. Those students are increasingly determine whether students have spe- ference committee and their dedicated gaining access to higher education, cific learning disabilities by clarifying staff for their hard work on this report too. College enrollment rates among that schools are not limited to using and their cooperative spirit in working students with disabilities have more the IQ-achievement discrepancy model toward this day. It is certainly an en- than tripled. that relies on a ‘‘wait to fail’’ ap- deavor of which we can all be proud. Clearly, we have come a long way proach. I can think of no finer way to bring from the time when our students with Second, it enables teachers to better my tenure as chairman of the Senate disabilities were excluded from public serve their students by: clarifying what Health, Education, Labor, and Pen- schools. Still, we know that there is it means to be a highly qualified spe- sions Committee to a close than by much to be done to ensure that chil- cial education teacher, and offering completing action on this legislation. dren with disabilities get a better edu- flexibility to new teachers who teach In particular, I would like to thank: cation and that we make it easier for multiple subjects, and to teachers Senator KENNEDY, and his staff, Connie schools to provide that education to teaching children with severe cognitive Garner and Roberto Rodriguez; Senator these students. disabilities; making it easier for spe- BINGAMAN and his staff, Michael Yudin; With this understanding, we have cial education teachers to both enter Senator SESSIONS and his staff, John worked for more than two years to im- into and remain in the field of special Little and Prim Formby; Senator AL- prove IDEA, keeping the needs of chil- education; focusing more resources and EXANDER and his staff, Kristin dren with disabilities, whom we have a attention on professional development Bannerman; Congressman BOEHNER, duty to serve, foremost in our for both general and special education and his staff, David Cleary, Melanie thoughts, while balancing concerns of teachers serving children with disabil- Looney, Krisann Pearce, and Sally equity and fairness. ities; creating a paperwork reduction Lovejoy; Congressman MILLER, and his With significant input from parents, demonstration program to increase the staff, Alex Nock; Legislative Counsel educators and disability groups, as well time teachers spend on instruction and attorneys Mark Foster and Mark as the recommendations of the Presi- decrease the time they spend com- Synnes, without whose assistance we dent’s Commission on Excellence in plying with cumbersome, bureaucratic could not have conferenced this bill in Special Education, both the House and requirements; and eliminating paper- 6 weeks; and Department of Education Senate passed bills that would have work by eliminating short-term objec- staff Karen Quarles, Christy Wolfe, Su- done much to improve IDEA and to en- tives for most students and reducing zanne Sheridan, Paul Riddle, Carol sure that children with disabilities re- the number of times per year that pro- Cichowski, Bill Knudsen and Michele ceive a quality results-based education. cedural safeguards notices must be Rovins for their superb technical as- But important differences remained. sent to parents. sistance. After weeks of sometimes intense ne- Third, it facilitates a better relation- Finally, I thank members of my own gotiations, our conference committee ship between parents and schools, and staff. Both Annie White and Denzel ironed out those differences and improves parental involvement and op- McGuire spent countless hours shep- reached agreement yesterday on a final tions by: providing parents with in- herding this legislation, and meeting report, bringing us one step closer to creased information and access to re- with parents, educators, school groups enacting important reforms that will sources to support them though dis- and disability groups, while working to benefit the more than 6.5 million chil- pute resolution and due process; en- improve policy and reach compromises dren served by IDEA, as well as their couraging early mediation and prompt on the many difficult issues herein. parents, teachers, and schools. resolution of disputes; providing new Without their tireless efforts and pas- The conference report before us fo- opportunities for parents and schools sion for helping students with disabil- cuses on improved academic results for to meet in order to resolve problems ities to achieve their fullest potential, children with disabilities; frees special before going to a due process hearing; we most certainly would not be here education teachers from bureaucratic allowing parents and schools to agree today. I would also like to recognize requirements, and offers them impor- to make changes to an IEP during the the efforts of Bill Lucia, Courtney tant flexibility; helps parents and year without having to convene a for- Brown, and Kelly Scott. schools work together better; creates mal IEP meeting; and increasing pa- I am hopeful that we will quickly ap- the safest possible classroom environ- rental involvement in IEP meetings by prove this conference report, so that ment for all students; and strikes an allowing use of teleconferencing, video the President can sign this important appropriate balance between pro- conferencing, and other means of par- legislation into law. tecting the educational rights of chil- ticipation. ATTORNEY’S FEES dren with disabilities, while making Fourth, this report ensures safety Mr. KENNEDY. Mr. President, I IDEA less litigious. and improves discipline for all children would like to take a moment to clarify

VerDate Aug 04 2004 01:47 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.151 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11655 an oversight with Senator GREGG that educational agency has the necessary services; strengthens early interven- is important for the record. expertise and strategies in place to tion and preschool programs for in- Senator GREGG, a sentence in the boost the skills of teachers and in turn fants, toddlers, and preschoolers with Statement of Managers’ language of improve the education of children with disabilities, including permitting the conference report that provided the disabilities. states to create a system that gives explanation for the attorney’s fees lan- Retaining special education teachers parents the choice to have their child guage was inadvertently left out. By new to the profession is a particular continue early intervention services adding at Note 231 sections detailing area of concern in our States. Accord- until the age of five; establishes a new the limited circumstances in which ing to data from the National Clearing- program aimed at developing and en- local educational agencies and State house for Professions in Special Edu- hancing behavioral supports in schools educational agencies can recover attor- cation, the turnover rate of special while improving the quality of interim ney’s fees, specifically Sections education teachers in their first 3 years educational settings; enhances plan- 615(i)(3)(B)(i)(II) and (III), the conferees of teaching is exceptionally high— ning and transition services for chil- intend to codify the standards set forth much higher than the comparative rate dren with disabilities; advances the in Christiansburg Garment Co. v. for general education teachers. Annual monitoring and enforcement of IDEA; EEOC, 434 U.S. 412 (1978). According to attrition rates for special education and improves services for homeless and Christiansburg, attorney’s fees may teachers are 6 percent for those who foster care students with disabilities. leave the field entirely and an addi- only be awarded to defendants in civil Teachers, principals, and administra- tional 7.4 percent who transfer to gen- rights cases where the plaintiffs claims tors are also given flexibility to more eral education. High turnover is costly are frivolous, without foundation or effectively provide an education to all both for school districts, which must brought in bad faith. Is that your un- students. There are new approaches to repeatedly fill the same positions, and derstanding as well? resolving complaints to head off litiga- for students, who lose the advantage of Mr. GREGG. Mr. President, the Sen- tion and to reducing paperwork, along being taught by experienced special ator from Massachusetts is correct and with a clearer framework for the dis- education teachers. As such, I am that is my understanding as well. cipline of children with disabilities. Mr. REED. Mr. President, today the pleased that the bill establishes a new Senate will pass H.R. 1350, the Individ- grant program for institutions of high- I thank my colleagues, Senators KEN- uals with Disabilities Education Im- er education to help beginning special NEDY and GREGG, and their staffs, for provement Act of 2004, legislation educators. Funding is authorized for their excellent work on this important which has my support. incorporating an extended, such as a bipartisan legislation. One staff mem- This important legislation, which re- fifth year, clinical learning oppor- ber, Connie Garner, deserves special authorizes the Individuals with Dis- tunity to existing special education recognition for her tireless efforts to abilities Education Act, is a com- preparation programs or for the cre- make this law work for students, par- promise that protects the civil rights ation or support of teacher-faculty ents, teachers, and schools. of children with disabilities, while en- partnerships, such as professional de- This is significant legislation for the suring that teachers, principals, and velopment schools, that provide high- people of Rhode Island and across the administrators have the essential tools quality and ongoing mentoring to new nation, and I am pleased to support it. to improve these children’s academic special education teachers so that they I will also continue to press for full or functional skills and knowledge. It will remain in the field. funding of IDEA to provide 40% of the is the culmination of months of hard- The legislation also enhances exist- excess cost of providing special edu- fought bipartisan and bicameral nego- ing IDEA personnel preparation pro- cation services—a promise Congress tiations in an attempt to strike the grams to ensure that all teachers and made in 1975 when IDEA was first en- balance between these competing in- other personnel have the skills, knowl- acted. Funding for IDEA services has terests and overall. This bill improves edge, and leadership training to im- only recently reached nearly 19 per- upon current law. prove results for students with disabil- cent—just under halfway to fulfilling As an original cosponsor of the Sen- ities, including working collabo- that promise. While we have taken a ate version of this bill and the sponsor ratively in regular classroom settings, number of positive steps with this bill of an earlier bill on personnel prepara- addressing the needs of limited English to ensure a high quality, free appro- tion and development, I am pleased proficient students with disabilities, priate public education for children that most of the provisions I authored preventing the misidentification of with disabilities, we must bridge the on the recruitment, preparation, sup- children with disabilities, working funding gap so these children receive port, and professional development of with parents to improve the education the educational assistance and support special education teachers, general of their children, and utilizing positive they need and deserve. education teachers, principals, admin- behavioral interventions to address the TEACHERS istrators, related services personnel, conduct of children with disabilities and others working with children with that impedes their learning or that of Mr. President, I am pleased that our disabilities have been included in the others in the classroom. bill now requires special education final version of the bill before us today. There are other highlights as well. teachers to be fully certified by the First, the bill requires states, through This bill aligns the Individuals with state. Prohibiting temporary or emer- the renamed State Personnel Develop- Disabilities Education Act with the No gency certification is an important ment Grants, to target 100% of the Child Left Behind Act by requiring step forward and one that brings IDEA funding under this competitive grant states to ensure that all special edu- in line with NCLB. It is important that for professional development activi- cation teachers are highly qualified by teachers who are fully certified in spe- ties—an increase of 25% from current the 2005–2006 school year, including al- cial education have the unique knowl- law. These grants will help achieve our lowing teachers to meet the standard edge and skills needed to effectively goal of ensuring that there is a highly through the high objective uniform teach students with disabilities. Par- qualified teacher in every classroom in state standard of evaluation or ents should know that the label of America. Furthermore, the bill sends HOUSSE; requires the uniformity of ‘‘fully certified special education funding to states via a formula once electronic versions of instructional teacher’’ means that the teacher has funding reaches $100 million, ensuring materials and provides for the estab- demonstrated both knowledge and skill that teachers in every state benefit. lishment of a National Instructional in special education practices. Senator Additionally, as a condition of receiv- Materials Access Center to give schools KENNEDY, is it your understanding that ing a State Personnel Development a one-stop shop for textbooks and other full state certification in special edu- Grant, a state educational agency must educational materials for students who cation includes a demonstration of submit a comprehensive plan that iden- are blind or possess another disability such knowledge and skill? tifies and addresses the state’s per- which necessitates alternate formats; Mr. KENNEDY. Yes, Senator REED, sonnel needs. This and other new re- expands the current definition of re- that is my understanding. Well-pre- quirements will ensure that the state lated services to include school nurse pared special education teachers are

VerDate Aug 04 2004 01:47 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.151 S19PT2 S11656 CONGRESSIONAL RECORD — SENATE November 19, 2004 critical to our goal of providing a qual- These important provisions will great- potential of all our children while as- ity education for all children with dis- ly aid blind and print-disabled students sisting school districts in their efforts abilities. Such teachers need to be pre- by ensuring that they receive their to deliver special education services in pared with the skills and expertise textbooks and other instructional ma- an efficient manner. That is why I will needed to teach children with disabil- terials in the formats that they re- support it. ities. Those skills may include the quire, such as Braille, at the same time Mr. JEFFORDS. Mr. President, as teaching of a standards-based reform as their sighted peers. the 108th Congress comes to a close, curriculum to students with disabil- Far too often, blind, visually-im- the House and the Senate are consid- ities, helping students access tech- paired and print-disabled students wait ering a significant legislative initia- nology-based learning tools, or adapt- months for their State or local school tive, the Individuals with Disabilities ing materials and learning environ- districts to convert their textbooks Education, UDEA, Improvement Act. ments for students with disabilities. into Braille or another alternative for- The purpose of the IDEA Improvement In addition to traditional special edu- mat. At the same time, school districts Act is to reauthorize the law that was cation preparation programs at our face exorbitant costs for these conver- enacted 29 years ago, the Education for colleges and universities, some alter- sions. The Instructional Material Ac- All Handicapped Children Act. That native routes to certification offer im- cessibility Act provisions included in law, now known as IDEA, was based portant and useful options to address- this reauthorization will mandate the upon a series of court decisions in the ing the special education teacher adoption of one uniform electronic file early 1970s that found that children shortage—especially in rural and urban format that will greatly ease the proc- with disabilities were no different than school systems with hard-to-staff ess of converting learning materials other children and were, and still are, schools. Some of our alternative routes into alternative formats, such as entitled to a free and appropriate edu- have produced special education teach- Braille. cation. ers with great skill and knowledge. Secondly, the IMAA provisions will I was one of the original authors of Mr. REED. I thank Senator KENNEDY create a repository for these formats so the 1975 law. A key provision of that for that clarification. that they can be disseminated to local law was the inclusion of language that Mr. DODD. Mr. President, I support a school districts quickly and cost effec- committed the federal government to bipartisan, bicameral reauthorization tively. pay 40 percent of the national average of the Individual with Disabilities Edu- We often hear today the pledge that per pupil expenditure for each disabled cation Act, IDEA. I want to start by we will leave no child behind. May I child’s education. Unfortunately, this thanking my fellow conferees and their suggest that we also make every effort is a commitment that has yet to be staff for all of their hard work in put- to ensure that we leave no blind child met. This year, my own state of ting together the bipartisan, bicameral behind. The adoption of these impor- Vermont had to spend $22 million in legislation we are considering today. tant provisions will go a long way to- state funds to make up the shortfall While we may still have some disagree- ward ensuring that blind, visually-im- from the Federal Government. ments about the substance of the bill, paired and print-disabled students are I do not believe the bill before us, the getting to this point in a bipartisan not left behind in the classroom. IDEA Improvement Act of 2004, will way is no small achievement, and I And while I am disappointed that the provide the Federal funding to suffi- know we are all better for it. bill does not contain a provision to pro- ciently accommodate all children with Nothing pleases me more than to vide mandatory full-funding of IDEA, I disabilities. As we approach the 30th move forward with a reauthorization believe that the monetary targets that anniversary of the original IDEA law, that the education, the disability, and have been provided, are at least point- it is unconscionable that we, the Con- the parent and student community ing us in the right direction. Still, I gress, will have once again failed to have been eagerly waiting for: a bill think it is important to remind every- fulfill our commitment to pay the 40 that will ensure that students with dis- one, yet again, that thirty years ago percent share we promised almost abilities get the services they are enti- when we passed IDEA, we made a com- three decades ago. In fact, as of today, tled to while providing school systems mitment to, over time, cover 40 percent we are not even halfway there. with a greater degree of flexibility in of the State cost of servicing students I voted against the Senate version of implementing the law. with special needs. this bill earlier this year, primarily be- The Individuals with Disabilities We have yet to make good on this cause of the funding issue, and I am op- Education Improvement Act of 2004 commitment. Today the Federal Gov- posed to the passage of the House-Sen- emphasizes accountability and im- ernment supports less than 20 percent ate IDEA Improvement Act conference proved results, improves monitoring of the cost of the program. That is not report. and enforcement of the law, and works even half of the 40 percent we promised In addition to the funding problem, I to reduce litigation by providing new 29 years ago. States and municipalities have serious concerns about two other opportunities for parents and schools are bearing more than their share of provisions. The IDEA Improvement Act to address concerns and disputes. responsibility for meeting disabled stu- aligns itself with the No Child Left Be- The bill reduces paperwork by dents’ needs. States and municipalities hind standard for teacher quality. Un- streamlining State and local paper- need our help. As I have said before, I fortunately, the definition here is as work requirements, provides earlier ac- cannot accept the argument that be- flawed as it is in the NCLB Act. I had cess to services and supports for in- cause our economy is faltering, or we hoped the bill would recognize the bal- fants, toddlers and preschoolers with are a Nation at war, we cannot provide ance between providing children with disabilities, and properly puts added our children and their families with quality instruction and the difficulties emphasis on transition services so that the critical educational resources they in recruiting and retaining quality special education students leave the need. Investment in education is no teachers. In Vermont today, more than system ready to be full productive citi- less important in a weak economy or one-fifth of special educator positions zens, whether they choose to go on to while our Nation is at war. are not filled by qualified personnel. I college or a job. Like No Child Left Be- Almost 30 years ago, Congress passed believe that this bill will make that hind, this bill also increases and im- the Individuals with Disabilities Edu- statistic worse, not better. proves opportunities for parental in- cation Act to help States provide all Another issue that is troubling to me volvement and supports special edu- children with disabilities with a free, is the diversion of IDEA funds to other cation teachers in becoming ‘‘highly appropriate public education in the education programs. This bill allows qualified’’ to do their jobs. least restrictive environment possible. school districts to reduce local spend- I am particularly pleased that the Since that time, this law has made an ing equal to 50 percent of all new fed- IDEA conference agreement contains incredible difference in the lives of mil- eral IDEA funds, from fiscal year 2005 provisions that I, along with Senators lions of American children and their forward, and use them for other edu- COCHRAN, HARKIN and BUNNING, origi- families. cational purposes. This flexibility is nally introduced as the Instructional Fundamentally, this is a good bill— available if school districts are in com- Materials Accessibility Act, IMAA. one that will help guarantee the full pliance with IDEA. This means that in

VerDate Aug 04 2004 01:47 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.192 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11657 a few years, the vast majority of school As a rural State, Wyoming has many Mrs. MURRAY. Mr. President, I will districts in the country will be able to small schools where teachers are re- applaud passage of the Individuals with shift billions of dollars that had been sponsible for multiple subjects. Our Disabilities Education Act. IDEA is spent on special education to other special education teachers are in this based on the American principle of areas. I have been fighting for years to position more often than other teach- equal opportunity. IDEA recognizes increase the amount of money avail- ers in our State, simply because we do that students have a civil right to a able for special education, and this pro- not have a lot of students and our spe- free, appropriate public education, vision risks derailing the progress that cial education classrooms are often even if they have special needs that re- we have made. I am gravely concerned very small and include several grade quire additional resources. about this provision and its impact. levels. My home county, Campbell We still have a long way to go to School districts that are underfunded County, currently has around 7,000 stu- meet the Federal Government’s prom- by No Child Left Behind will be tempt- dents. That is an entire county. I am ise to fund 40 percent of special edu- ed to fix that problem by cutting cor- aware that some States have more stu- cation, and we are working on that ners in IDEA and using that money for dents enrolled in a single high school challenge. However, this bill that other programs. This sets a terrible ex- than we have in that entire county, meets my highest priority—protecting ample for future education legislation. which at 5,000 square miles, is bigger the right of children with disabilities Although I oppose the final passage than the State of Delaware. to a free, appropriate public education. of this bill, several provisions improve This legislation makes an important In addition, this bill takes critical upon current law. Most importantly, clarification to the Highly Qualified steps towards improving monitoring, the bill maintains the constitutionally Teacher standard established by the No enforcement, and public reporting. Our guaranteed rights of children with dis- Child Left Behind Act. It defines highly laws are only meaningful if we are will- abilities. qualified in a way that is consistent ing to enforce them, and the provisions The bill greatly improves the moni- with No Child Left Behind, but it also in this bill will help us do just that. I toring and enforcement procedures for provides flexibility for States, like Wy- am pleased that this bill contains pro- compliance with the law. Previously, oming, that have a large number of visions that I fought for to provide the states not in compliance were not nec- special education teachers responsible additional funding that school dis- essarily sanctioned. In fact, in many for more than one subject. This change tricts—especially small, rural districts situations, the only mechanism for en- will ensure that disabled children will or districts with major medical facili- forcing the law was moving forward be taught by a highly qualified teacher ties—really need to provide FAPE for with a lawsuit. This new legislation and it also recognizes the reality of children whose disabilities result in ex- calls for increased federal oversight rural States and the challenges we tremely high costs. The bill also con- and provides more enforcement tools at have in recruiting and retaining teach- tains important improvements to early the state level. ers. intervention services for infants and This bill also provides flexibility for Although I am opposing the passage toddlers with disabilities. States and school districts who are re- of the IDEA Improvement Act, I would I am particularly pleased that we sponsible for the largest portion of spe- like to especially thank Senator KEN- were able to improve services for cial education funding. An important NEDY and his staff for their efforts dur- homeless and foster children with dis- change is the flexibility for States to ing this process, especially Connie Gar- abilities and children with disabilities use the same flexibility provided to ner, whose hard work is greatly appre- in military families in this bill. I would districts if they provide 100 percent of ciated. like to thank my colleague, Senator It is my hope that we will not wait the State’s non-Federal education DEWINE, and his staff, Mary Beth Luna, until the next authorization to con- spending. Many of our districts in Wyo- for working with me on these impor- tinue to work together to improve the ming and the State as a whole will ben- tant provisions. These provisions are a IDEA program and the funding that is efit from this flexibility. They will be major victory for America’s most vul- so desperately needed for all children better able to support education pro- nerable disabled students. The bill en- with disabilities. Next year will mark grams serving our students’ best inter- sures that a high quality education 30 years of federal underfunding. When ests, rather than having their hands will follow them whenever they have to will we recognize that our children tied by Federal law. move to another school. The bill im- have waited long enough? I am also pleased that we were able Mr. ENZI. Mr. President, I thank to reach consensus on the need to im- proves special education services and coordination of services for children Chairman GREGG and Senator KEN- prove the due process and discipline NEDY, Chairman BOEHNER and Rep- sections under the current IDEA legis- with disabilities who transfer school resentative MILLER for their leadership lation. The amount of unnecessary liti- districts; clarifies which appropriate on this important issue. I also thank gation surrounding the provision of adults can advocate for children with my colleagues and fellow conferees services for students with disabilities regard to their special education serv- from both the House and Senate for has become a burden for many dis- ices, including when the parents can- their hard work on an issue that is tricts, and it has been a problem that not be located or are uninvolved with vital to our children’s education and disproportionately affects small, rural the child; improves coordination be- their future, as well as ours. districts. By adding mediation and tween McKinney-Vento and IDEA and When Congress passed the Individuals other forms of alternative dispute reso- overall representation of homeless and with Disabilities Education Act into lution, we have given parents and foster children in IDEA, and strength- law 30 years ago, it represented the schools the tools they need to resolve ens and expands early intervention strength of the Federal commitment to complaints outside of the courtroom. services for infants and toddlers with ensuring that all students would re- These changes represent a common disabilities who are homeless, in foster ceive the support they need to reach sense approach to what has become a care, or in military families. their full potential. Congress made its serious problem. I believe the revised While I do believe that this bill takes position clear: all disabled students due process and discipline sections ad- critical steps to improve special edu- would be guaranteed a free and appro- dress concerns we’ve heard from par- cation in this country, I am dis- priate public education. ents of students with disabilities and appointed that the Federal Govern- This legislation advances that con- teachers, principals and administra- ment continues to fail to meet the cept that has been preserved in spirit tors. They encourage parents and funding promises under IDEA. Nearly and refined to make it more effective school leaders to work cooperatively to 30 years ago, the Federal Government over time. It does so while staying true meet the needs of disabled children, made a commitment of equal oppor- to the original intent of Congress. I am which is in everyone’s best interest. tunity to the Nation’s children with pleased to be able to support this legis- I am pleased that we have been able disabilities. With that commitment, we lation, and I would like to speak brief- to finish work on this important legis- promised that the Federal Government ly on a few issues that are of great con- lation before the close of the 108th Con- would uphold its end of the bargain and cern to me and the people of Wyoming gress so these important improvements pay 40 percent of the average per stu- that I represent. can be enacted. dent cost for every special education

VerDate Aug 04 2004 02:52 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.153 S19PT2 S11658 CONGRESSIONAL RECORD — SENATE November 19, 2004 student. Today, however, the Federal ly need is special attention. I’m so hind; protecting the civil rights of chil- Government is paying about half of pleased that we are doing something in dren with disabilities; providing new that cost. this bill to stop racial sidelining. opportunities for schools and parents Over the past few years, IDEA has re- My top priority in this reauthoriza- to resolve disputes equitably; simpli- ceived significant increases. However, tion was full funding. I think it’s a fying the discipline provisions and according to the Congressional Re- shame that the bill doesn’t fully fund makes it easier for schools to admin- search Service, at increases of $1 bil- IDEA. But I’m pleased it takes the first ister the law; reducing unnecessary pa- lion each year, the Federal Govern- step towards full funding by author- perwork burdens; providing quality ment will never fulfill the promise of izing specific funding levels for each services and instruction for children funding at 40 percent. Further, even if year, until we get to full funding in from early childhood through gradua- annual increases were $1 billion plus 2008. tion; providing resources to support inflation, we will not reach the prom- Why is this important? The Federal teachers, principals, and other school ised level of 40 percent until 2035—more Government is supposed to pay 40 per- personnel; providing local school dis- than 30 years from now. cent of the cost of educating children tricts with significant flexibility in the Local schools are already struggling with disabilities, yet it has never paid use of Federal IDEA dollars; and hold- with the requirements of the No Child more than 18 percent. That means local ing States and local school districts ac- Left Behind Act, the lack of promised districts must make up the difference countable for implementation of the federal funding, and the dismal fiscal by skimping on special ed, cutting law. picture facing our state and local gov- from other education programs, or This legislation represents a truly bi- ernments. I know we can do better for raising taxes. I don’t want to force partisan effort. This process did not America’s disabled students. Let’s not States and local school districts to for- happen overnight, however. The Senate make them wait another 30 years to age for funds, cut back on teacher began working on this bill in the fall of fully-fund this law. I look forward to training, or delay school repairs be- 2002, and after years of work and nego- working with my colleagues to ensure cause the Federal Government has tiation, passed it earlier this spring by that the Federal Government fulfills failed to live up to its commitment to an overwhelming vote of 95 to 3. The the promises of IDEA next year. special education. As a member of the House passed its own version of the bill I want to thank Senator KENNEDY, Appropriations Committee I will fight in 2003, but it passed largely along par- Chairman GREGG, Chairman BOEHNER, to put this money in the Federal tisan lines. The House-passed bill and and Congressman MILLER for their checkbook so special education is not a the Senate version were very different leadership on this bill. I also want to hollow promise. bills. But in the end, I am pleased to thank their staffs, Connie Garner, Parents today are under a lot of say, both parties in both Houses of Denzel McGuire, Bill Lucia, Sally stress, sometimes working two jobs Congress worked diligently, and in Lovejoy, David Cleary, Melanie Loo- just to make ends meet. They’re trying good faith, to pass the best bill pos- ney, Alex Nock, and Alice Cain for all to find day care for their kids and elder sible. Earlier this week, Senate and of their hard work on this bill. The care for their own parents. The Federal House Conferees approved the legisla- time and effort that they and their Government shouldn’t add to their tion by a decided vote of 29 to 1. I staff have put into this bill really show worries by not living up to its obliga- would like to thank the Chairman and in the quality of the final product, tions. With the Federal Government the Ranking Member of the HELP which I am pleased to support. not paying its share of special ed these Committee for their commitment to Ms. MIKULSKI. Mr. President, I am parents have a real question in their passing this legislation. Their staffs, pleased that we are finally reauthor- minds: Will my child will have a good Denzel McGuire and Connie Garner, izing this important legislation, the In- teacher? Will the classes have up-to- have worked tirelessly on behalf of our dividuals with Disabilities Education date textbooks? Will they be learning Nation’s students with disabilities, and Act. I thank Senator KENNEDY, Senator what they need to know? deserve recognition. GREGG, Congressman BOEHNER, and Parents of disabled children face such IDEA is sometimes seen as a con- Congressman MILLER. I know how hard a tough burden already. Caring for a troversial piece of legislation. It is a you worked on this bill. You tackled disabled child can be exhausting. unique blend of civil rights law and complicated issues and found common School should not be one of the many state grant program, and as a result, ground. I appreciate your efforts. things they worry about, particularly often pits the constitutional rights of Overall, I think this is a good bill. when the laws are already on the books children with disabilities to a free ap- It’s not perfect. I know there are Mary- to guarantee their child a public school propriate public education against the landers who will be disappointed. I’ve education. flexibility teachers need to teach. heard from parents who are concerned Special education has made such a While this bill is certainly not perfect, that this bill rolls back the guarantee huge difference in the lives of students I believe it strikes a good, fair balance. of a quality education for their chil- with disabilities. It gives disabled chil- Earlier this year, this country cele- dren. And I’ve heard from teachers, dren a chance to succeed in school and brated 50 years of public school deseg- principals, and school superintendents in life. I want to do what’s best for regation. In the landmark decision of who want to know where the resources families and schools. Parents and stu- Brown v. Board of Education, Chief will come from, because this bill dents need to be able to count on a Justice Warren wrote that ‘‘in the field doesn’t fully fund IDEA. But I’m going quality education. That’s why I’m vot- of public education, the doctrine of to vote for it because we can’t let the ing for this legislation. But know that ‘separate but equal’ has no place.’’ This perfect be the enemy of the good. I will continue to fight for full funding decision literally opened the doors of This bill takes important steps to- of IDEA, because I don’t want special our public schools to all children, re- wards improving special education for education to be a hollow promise. gardless of race. students, families, and schools. It sets Mr. BINGAMAN. Mr. President, I am But, the doors to a public education a clear path for fully funding IDEA. It so pleased to be here today to talk did not open quite so quickly for chil- protects the rights of students. It sim- about the Individuals with Disabilities dren with disabilities. Prior to enact- plifies complicated rules and makes it Education Improvement Act of 2004. ment of IDEA in 1975, children with easier for schools and parents to navi- This legislation represents a signifi- disabilities were still being segregated. gate—not litigate. And it allows cant step forward in advancing the aca- More than one million students were schools to help students who need spe- demic achievement of millions of chil- excluded from public schools, and an- cial attention, but not necessarily spe- dren with disabilities. The purpose of other 3.5 million did not receive appro- cial education. this bill is to improve the educational priate services. Many States had laws I’ve talked to Marylanders about and functional outcomes for students excluding certain students, including this, like the women of Delta Sigma with disabilities. those who were blind, deaf, or labeled Theta Sorority. They see their children I believe this legislation accom- ‘‘emotionally disturbed’’ or ‘‘mentally being racially sidelined—pushed into plishes this goal by: aligning IDEA to retarded.’’ The likelihood of exclusion special education when what they real- the requirements of No Child Left Be- was significantly greater for children

VerDate Aug 04 2004 02:52 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.194 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11659 with disabilities living in low-income, is often viewed as complex and difficult This legislation recognizes that ap- ethnic and racial minority, or rural to administer. The bill simplifies the proximately 2⁄3 of the students with dis- communities. framework for schools to administer abilities in this country spend a major- Parents, however, began asserting the law, while ensuring the rights and ity of the school day in general edu- their children’s rights to attend public the safety of all children. It requires cation classrooms, and accordingly schools, using the same equal protec- schools to determine if a child’s behav- provides local school districts with sig- tion arguments used on behalf of the ior was the result of his or her dis- nificant flexibility in the use of its African American children in Brown; ability or poor implementation of their Federal IDEA dollars. For example, a the 14th Amendment of the U.S. Con- Individualized Education Program, local school district may use up to 15 stitution guarantees their children IEP, when considering a disciplinary percent of its IDEA funds to develop an equal protection under the law. Recog- action. It requires that schools conduct educational support system to help nizing the Constitution’s guarantee of functional behavioral assessments and students who have not been identified equal protection under the law, Con- give behavioral interventions to stu- as needing special education, but who gress enacted the law now known as dents who are disciplined beyond 10 require additional academic and behav- IDEA, creating the statutory right to a days, in order to prevent future behav- ioral supports to succeed in the general free appropriate public education in ior problems. And, the bill provides re- education curriculum. Or, a school dis- the least restrictive environment. sources to help develop and enhance be- trict may reduce its maintenance of ef- We have come a long way since that havioral supports in schools while im- fort by up to 50 percent of its increases law was first enacted. In 2001, we proving the quality of interim alter- in Federal funds to support other edu- passed the No Child Left Behind Act. In native education settings. cational activities. that legislation, we recognized that We also recognize that too many One of the most critical features of every child has the capacity to learn, teachers get bogged down in burden- this bill is the level of support provided and we required our States to improve some paperwork chores. According to to teachers, principals, and other the academic achievement of all chil- the Department of Education, 53 per- school personnel. We all know the dif- dren. For the first time, we held cent of special education teachers re- ference a well-prepared, highly quali- schools accountable for the academic ported that paperwork and other rou- fied teacher can make in the life of a achievement of students with disabil- tine duties interfered with their job of student. This legislation provides per- ities. teaching students to a great extent. sonnel development grants to States to By all accounts, this challenge is Clearly, the amount of paperwork in- help recruit, prepare, and retain highly great. States and schools try their best volved in a special education teacher’s qualified special educators. It also pro- with both inadequate resources and in- job is a problem. I am pleased that this vides grants to institutions of higher adequate technical assistance from the bill takes significant steps to reduce education to focus exclusively on train- Department of Education. But, we can- the paperwork burden. not allow ‘‘a pass’’ for these children. ing for beginning special educators For example, under this legislation: through extended clinical experience or We cannot turn our back on the six teachers will have increased access to million children with disabilities and teacher-faculty partnerships. technology; teachers and other staff Finally, and perhaps most impor- their families. It is our obligation to will conduct fewer evaluations; IEPs tantly, this legislation holds States ensure that students with disabilities and IEP meetings will be simplified; and school districts accountable for the count too. procedural safeguards notices will not This legislation ensures that local academic and functional achievement be provided multiple times in a year, of students with disabilities. It pro- school districts measure the perform- unless there are special circumstances; ance of students with disabilities on vides the Secretary of Education and the Department of Education will cre- State or district-wide assessments, in- the States with the authority and the ate model forms to show States and cluding alternate assessments aligned tools to implement, monitor, and en- districts how to meet the requirements to the State’s academic content stand- force the law. of IDEA while reducing paperwork; and ards or alternative standards. The leg- We recognize the potential burden up to 15 States will be allowed to par- islation also ensures that students these provisions might place on State ticipate in a ‘‘Paperwork Reduction with disabilities are taught by highly departments of education, and accord- Demonstration.’’ This demo would qualified teachers, and sets forth rig- ingly have increased the amount of allow states to waive burdensome stat- orous yet flexible criteria for States to funds States may reserve for statewide utory and regulatory requirements meet. The legislation requires special activities to carry out these provisions. education teachers to be certified in that interfere with a teacher’s ability In addition, we have authorized the special education, have at least a bach- to teach, while at the same time ensur- Secretary to set-aside a portion of its elor degree, and demonstrate appro- ing that a State does not impinge upon funds to provide technical assistance to priate subject knowledge. The bill, the constitutional rights of children States to help implement these provi- however, gives states significant flexi- with disabilities to a free appropriate sions. bility in determining how a teacher public education. In order to ensure the constitutional The bill also expands services to stu- meets those standards. right to a free appropriate public edu- It is essential that children with dis- dents with disabilities in many ways. cation for children with disabilities, abilities have access to, and succeed in, The legislation ensures educational the Department of Education must the general education curriculum. The services for homeless and foster stu- have the tools necessary to enforce due process and procedural safeguard dents with disabilities, as well as for compliance with IDEA. The Depart- provisions are the most important other students who frequently transfer ment of Education has found wide- means of protecting the constitutional from one school to another. The bill spread noncompliance with the law and rights of children with disabilities to a improves access to instructional mate- regulations, with more than half of the free appropriate public education. This rials for students who are blind or for violations directly related to the provi- legislation maintains these vital civil students with other visual disabilities. sion of student services. rights protections. It also provides extensive early inter- In 2003, New Mexico served nearly Yet, we also recognize that IDEA is vention services for children ages zero 64,000 students under IDEA. I strongly sometimes seen as too litigious and through 5, increasing the focus on believe these provisions are absolutely confrontational. Accordingly, we have school readiness activities. The bill im- necessary to ensuring that these stu- created new opportunities for parents proves the IEP process, making it easi- dents receive the special education and and schools to address concerns before er for parents and teachers to more related services they are entitled to. the need for a due process hearing, and meaningfully develop a student’s edu- This legislation takes a significant encourage parents and schools to re- cation plan. And, the bill significantly step forward in providing the millions solve differences by clarifying that me- improves transition services to ensure of students with disabilities the ac- diation is available at any time. that students with disabilities are pre- countability, tools, and resources nec- Further, this bill addresses the prob- pared for postsecondary education or essary to access, and succeed in, the lems associated with discipline, which employment. general education curriculum. While I

VerDate Aug 04 2004 01:47 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.195 S19PT2 S11660 CONGRESSIONAL RECORD — SENATE November 19, 2004 am certainly disappointed that we have the outcomes for children affected by The legislative clerk read as follows: not provided full funding, and we have ASD. That is why I introduced the A concurrent resolution (H. Con. Res. 524) not addressed all of the issues to the Teacher Education for Autistic Chil- directing the Clerk of the House of Rep- complete satisfaction of parents, dren Act or TEACH Act. I worked resentatives to make certain corrections to teachers, and schools, I am confident closely with New Jersey Center for the enrollment of H.R. 1350. that this bill will help students with Outreach and Community Services for There being no objection, the Senate disabilities achieve to their highest po- the Autism Community, NJCOSAC, proceeded to consider the concurrent tential. Autism Coalition for Research and resolution. Mr. CORZINE. Mr. President, I am Education, and Parents of Autistic Mr. SESSIONS. Mr. President, I ask pleased that Congress is in the final Children to create this legislation that unanimous consent that the concur- stage of reauthorization of the Individ- addresses the needs of autistic children rent resolution be agreed to, the mo- uals with Disabilities Education Act, by bringing more qualified teachers tion to reconsider be laid upon the IDEA. While I am glad that the bill into the classroom, helping families re- table, and that any statements relating emerged in a bipartisan way, I am still ceive the support and services they to the concurrent resolution be printed frustrated that Congress has yet again need for their children, and ensuring in the RECORD. The PRESIDING OFFICER. Without failed to fulfill its promise to fully quality vocational programs to assist fund IDEA. With IDEA still drastically objection, it is so ordered. people with autism transition from The concurrent resolution (H. Con. underfunded, schools are left without school to work. Res. 524) was agreed to. the necessary resources to provide the I am happy to report that some crit- best services to children with disabil- ical provisions of the TEACH Act have f ities, and our communities are bur- been included in the IDEA conference EXPRESSING THE SENSE OF THE dened with an unfulfilled federal prom- report currently being considered by SENATE IN SUPPORT OF A REIN- ise. the Senate. These provisions will make VIGORATED UNITED STATES VI- In my home State of New Jersey, Federal funds available to develop and SION OF FREEDOM, PEACE, AND school budgets are capped by law at 3 improve programs for children with au- DEMOCRACY IN THE MIDDLE percent annual growth. Therefore, dis- tism, using research grounded in EAST tricts often have to cut other programs science. The grants will help ensure Mr. SESSIONS. Mr. President, I ask to accommodate mandated and rising quality professional development for unanimous consent that the Senate special-education costs. Or—local prop- special education teachers by providing proceed to the immediate consider- erty taxpayers, who already are over- in-service training to schools and per- ation of S. Res. 477, which was sub- burdened—have to pay increased taxes sonnel who teach children with ASD. mitted earlier today. to cover expenses that the Federal With the demand for services grossly The PRESIDING OFFICER. The Government should be sharing. outpacing the supply of qualified clerk will report the resolution. I have received many letters, phone teachers and therapists, these provi- The legislative clerk read as follows: calls, and emails from concerned con- sions are critical to increasing the A resolution (S. Res. 477) expressing the stituents urging Congress to fulfill the number of special education teachers sense of the Senate in support of a reinvigo- promise of full funding for the services trained to teach children diagnosed rated United States vision of freedom, peace, mandated under IDEA. I have sup- with ASD and help them reach their and democracy in the Middle East. ported efforts to require full funding of full potential. There being no objection, the Senate IDEA and intend to continue the fight I would like to extend my heartfelt proceeded to consider the resolution. so that every child receives the free thanks to the entire HELP Committee Mr. SESSIONS. Mr. President, I ask and appropriate public education the for their tireless efforts in working unanimous consent that the resolution law guarantees and we can ease the with me to get this essential language be agreed to, the preamble be agreed burden on our local communities. included in the bill. In particular, I to, the motion to reconsider be laid In addition, I would like to highlight would like to single out Connie Garner upon the table, and that any state- one specific issue related to IDEA that for her dedication and diligent work on ments relating to the matter be print- has not only affected the children of behalf of children with special needs. I ed in the RECORD. New Jersey, but children across this look forward to continuing to work on The PRESIDING OFFICER. Without nation. That is the staggering increase this important issue with my col- objection, it is so ordered. The resolution (S. Res. 477) was in the number of children diagnosed leagues in Congress and with the au- agreed to. with autism spectrum disorder, ASD. tism community to ensure that all Recent epidemiology studies have The preamble was agreed to. children with ASD have access to qual- The resolution, with its preamble, shown that autism spectrum disorders ity teachers trained in providing cut- reads as follows: are ten times more prevalent than they ting-edge treatments. S. RES. 477 were just 10 years ago, making ASD The conference report was agreed to. the second most common develop- Mr. SESSIONS. Mr. President, I will Whereas the President articulated to the mental disability. While there is cur- world on November 12, 2004, a vision of free- note that is a significant piece of legis- dom, peace, and democracy for the broader rently much debate and still no conclu- lation that just passed. I serve on that Middle East; sive evidence as to the cause of this committee. We spent several years Whereas this vision was also shared and ex- alarming trend, it is clear that this working on it. We have improved some pressed by Prime Minister Blair of the trend will continue. Equally clear is of the discipline problems. We have re- United Kingdom; the critical need for Congress to ad- duced some of the paperwork. I believe Whereas that vision includes a just and dress the issue of early intervention maybe there is more we can still do, peaceful resolution of the Arab-Israeli con- and effective treatment for children di- but that is a big deal for hundreds of flict based on 2 democratic States, Israel and Palestine, living side by side in peace and se- agnosed with ASD. thousands of teachers and students all Scientific evidence has proven that curity; over our country. Whereas the President again stated his early intervention is a key to success f commitment to the security of Israel as a when treating ASD. Over the last 20 Jewish State; years, experts have developed effective MAKING CERTAIN CORRECTIONS Whereas the road map, endorsed by the strategies for the correction of autism TO THE ENROLLMENT OF H.R. 1350 United States, the United Kingdom, Israel, disorder, and research shows that with Mr. SESSIONS. Mr. President, I ask the Palestinian Authority, the European the early application of an effective unanimous consent that the Senate Union, Russia, and the United Nations, re- therapy, substantial gains can be ac- proceed to the immediate consider- mains a realistic and widely recognized plan complished toward the remediation of for making progress toward peace; ation of H. Con. Res 524, which was re- Whereas the international community autistic disorder in many children. ceived from the House. should support Palestinian efforts to build With autism diagnoses escalating, ex- The PRESIDING OFFICER. The the necessary political, economic, and secu- panding access to treatment, especially clerk will report the concurrent resolu- rity infrastructure essential to establishing at an early age, is vital to improving tion by title. a viable, democratic state;

VerDate Aug 04 2004 01:47 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.196 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11661 Whereas there will be no lasting peace in (3) reaffirms its commitment to a vision of (B) by amending subsection (d) to read as the Middle East without a Palestinian State 2 democratic States, Israel and Palestine, follows: that is democratic, free, and based on the living side by side in peace and security as ‘‘(d) SUNSET.— rule of law, including free press, free speech, the key to peace; and ‘‘(1) Effective October 1, 2008, the Irish an open political process, and religious toler- (4) expresses its commitment to the road Peace Process Cultural and Training Pro- ance; map, which was endorsed by the United gram Act of 1998 is repealed. Whereas the Palestinian leaders must meet States, Israel, the Palestinian Authority, the ‘‘(2) Effective October 1, 2008, section their commitments under the road map to European Union, Russia, and the United Na- 101(a)(15)(Q) of the Immigration and Nation- fight terrorism and dismantle terrorist orga- tions, as a realistic and widely recognized ality Act (8 U.S.C. 1101(a)(15)(Q)) is amend- nizations; plan for making progress toward peace. ed— Whereas the Palestinian Authority will ‘‘(A) by striking ‘or’ at the end of clause need a credible and unified security struc- f (i); ture capable of providing security for the TO AMEND AND EXTEND THE ‘‘(B) by striking ‘(i)’ after ‘(Q)’; and Palestinian people and fighting terrorism; IRISH PEACE PROCESS CUL- ‘‘(C) by striking clause (ii).’’. Whereas Palestinian leaders, with help (3) COST-SHARING.—Section 2 of the Irish from the international community, must TURAL AND TRAINING PROGRAM Peace Process Cultural and Training Pro- also develop effective and transparent finan- ACT OF 1998 gram Act of 1998 (8 U.S.C. 1101 note), as cial structures that provide for the economic Mr. SESSIONS. Mr. President, I ask amended by paragraph (2), is further amend- and social needs of the Palestinian people; unanimous consent that the Foreign ed— Whereas the President stated that now is Relations Committee be discharged (A) by redesignating subsections (c) and (d) the time to seize the opportunity of new cir- as subsections (d) and (e), respectively; and cumstances in the region to redouble our ef- from further consideration of H.R. 2655, (B) by inserting after subsection (b), the forts to achieve this goal; and the Senate proceed to its imme- following new subsection: Whereas achieving the goals of peace, secu- diate consideration. ‘‘(c) COST-SHARING.—The Secretary of rity, and stability will require the United The PRESIDING OFFICER. Without State shall verify that the United Kingdom States, its international partners, and the objection, it is so ordered. The clerk and the Republic of Ireland continue to pay parties involved to take the following steps will report the bill by title. a reasonable share of the costs of the admin- articulated in a Joint Statement by Presi- The legislative clerk read as follows: istration of the cultural and training pro- dent Bush and Prime Minister Blair on No- grams carried out pursuant to this Act.’’. vember 12, 2004: A bill (H.R. 2655) to amend and extend the (4) TECHNICAL AMENDMENTS.—The Irish (1) recommit to the overarching 2-State vi- Irish Peace Process Cultural and Training Peace Process Cultural and Training Pro- sion set out by President Bush in his state- Program Act of 1998. gram Act of 1998 (8 U.S.C. 1101 note) is ment of June 24, 2002 and repeated in the There being no objection, the Senate amended— road map; proceeded to consider the bill. (A) by striking ‘‘Attorney General’’ each (2) support the Palestinians as they choose place such term appears and inserting ‘‘Sec- a new President within the next 60 days, and Mr. SESSIONS. Mr. President, I ask unanimous consent that the Lugar sub- retary of Homeland Security’’; and as they embark upon an electoral process (B) by striking ‘‘Immigration and Natu- that will lead to lasting democratic institu- stitute at the desk be agreed to, the ralization Service’’ each place such term ap- tions; bill, as amended, be read a third time pears and inserting ‘‘Department of Home- (3) mobilize international support behind a and passed, the motions to reconsider land Security’’. plan to ensure that the Palestinians have the be laid upon the table en bloc, and that (b) IMMIGRATION AND NATIONALITY ACT.— political, economic, and security infrastruc- any statements relating to the bill be (1) REQUIREMENTS FOR NONIMMIGRANT STA- ture they need to create a free, viable, and printed in the RECORD. TUS.—Section 101(a)(15)(Q) of the Immigra- democratic State, including free press, free The PRESIDING OFFICER. Without tion and Nationality Act (8 U.S.C. speech, an open political process, and reli- 1101(a)(15)(Q)) is amended— gious tolerance; objection, it is so ordered. (A) by striking ‘‘Attorney General’’ each (4) support the disengagement plan of The amendment (No. 4071) was agreed place such term appears and inserting ‘‘Sec- Prime Minister Sharon from Gaza and stipu- to, as follows: retary of Homeland Security’’; and lated parts of the West Bank as part of this AMENDMENT NO. 4071 (B) in clause (ii)(I)— overall plan; and (Purpose: In the nature of a substitute) (i) by striking ‘‘35 years of age or younger (5) recognize that these steps lay the basis having a residence’’ and inserting ‘‘citizen of for more rapid progress on the road map as Strike all after the enacting clause and in- the United Kingdom or the Republic of Ire- a reliable guide leading to final status nego- sert the following: land, 21 to 35 years of age, unemployed for tiations; SECTION 1. AMENDMENT AND EXTENSION OF not less than 12 months, and having a resi- Whereas the United States will join with IRISH PEACE PROCESS CULTURAL dence for not less than 18 months’’; and others in the international community to AND TRAINING PROGRAM. (ii) by striking ‘‘36 months)’’ and inserting foster the development of Palestinian demo- (a) IRISH PEACE PROCESS CULTURAL AND ‘‘24 months)’’. RAINING ROGRAM CT cratic political institutions, support the new T P A .— (2) FOREIGN RESIDENCE REQUIREMENT.—Sec- leadership of the Palestinians that is com- (1) PROGRAM PARTICIPANT REQUIREMENTS.— tion 212 of the Immigration and Nationality mitted to those institutions, assist in the re- Section 2(a) of the Irish Peace Process Cul- Act (8 U.S.C. 1182) is amended— construction of civic institutions, promote tural and Training Program Act of 1998 (8 (A) by redesignating the subsection (p) as the growth of a free and prosperous econ- U.S.C. 1101 note) is amended by adding at the added by section 1505(f) of Public Law 106–386 omy, and endorse the building of capable se- end the following: (114 Stat. 1526) as subsection (s); and curity institutions dedicated to maintaining ‘‘(5) PROGRAM PARTICIPANT REQUIRE- (B) by adding at the end the following: law and order and dismantling terrorist or- MENTS.—An alien entering the United States ‘‘(t)(1) Except as provided in paragraph (2), ganizations; and as a participant in the program shall satisfy no person admitted under section Whereas in order to promote a lasting the following requirements: 101(a)(15)(Q)(ii)(I), or acquiring such status peace, all States in the region must oppose ‘‘(A) The alien shall be a citizen of the after admission, shall be eligible to apply for violence and terrorism, foster the develop- United Kingdom or the Republic of Ireland. nonimmigrant status, an immigrant visa, or ment of democratic political and civic insti- ‘‘(B) The alien shall be between 21 and 35 permanent residence under this Act until it tutions, support the emergence of a peaceful years of age on the date of departure for the is established that such person has resided and democratic Palestine, and state clearly United States. and been physically present in the person’s that they will live in peace with Israel: Now, ‘‘(C) The alien shall have resided continu- country of nationality or last residence for therefore, be it ously in a designated county for not less an aggregate of at least 2 years following de- Resolved that the Senate— than 18 months before such date. parture from the United States. (1) endorses the Joint Statement made by ‘‘(D) The alien shall have been continu- ‘‘(2) The Secretary of Homeland Security President Bush and Prime Minister Blair on ously unemployed for not less than 12 may waive the requirement of such 2-year November 12, 2004, expressing a shared vision months before such date. foreign residence abroad if the Secretary de- of freedom, peace, and democracy in the ‘‘(E) The alien may not have a degree from termines that— broader Middle East and supports a reinvigo- an institution of higher education.’’. ‘‘(A) departure from the United States rated and concerted United States-led inter- (2) EXTENSION OF PROGRAM.—Section 2 of would impose exceptional hardship upon the national effort to achieve that vision; the Irish Peace Process Cultural and Train- alien’s spouse or child (if such spouse or (2) supports explicitly the steps presented ing Program Act of 1998 (8 U.S.C. 1101 note) child is a citizen of the United States or an by President Bush and Prime Minister Blair is amended— alien lawfully admitted for permanent resi- in that Joint Statement as the basis for (A) in subsection (a)(3), by striking ‘‘the dence); or more rapid progress on the road map as a re- third program year and for the 4 subsequent ‘‘(B) the admission of the alien is in the liable guide leading to final status negotia- years,’’ and inserting ‘‘each program year,’’; public interest or the national interest of the tions; and United States.’’.

VerDate Aug 04 2004 01:47 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.158 S19PT2 S11662 CONGRESSIONAL RECORD — SENATE November 19, 2004 The bill (H.R. 2655), as amended, was S. 2873 against a victim who is a minor’’ has the read the third time and passed. Be it enacted by the Senate and House of Rep- same meaning as in section 170101(a)(3) of the Jacob Wetterling Crimes Against Children f resentatives of the United States of America in Congress assembled, and Sexually Violent Offender Registration Act (42 U.S.C. 14071(a)(3)). AUTHORITY OF THE U.S. DISTRICT SECTION 1. HOLDING OF COURT FOR THE COURT TO HOLD COURT IN ROCK SOUTHERN DISTRICT OF IOWA. (2) MINIMALLY SUFFICIENT SEXUAL OF- ISLAND, IL Section 11029 of the 21st Century Depart- FENDER REGISTRATION PROGRAM.—The term ‘‘minimally sufficient sexual offender reg- Mr. SESSIONS. Mr. President, I ask ment of Justice Appropriations Authoriza- tion Act (28 U.S.C. 95 note; Public Law 107– istration program’’ has the same meaning as unanimous consent that the Judiciary 273; 116 Stat. 1836) is amended by striking in section 170102(a) of the Jacob Wetterling Committee be discharged from further ‘‘July 1, 2005’’ and inserting ‘‘July 1, 2006’’. Crimes Against Children and Sexually Vio- consideration of S. 2873, and the Senate lent Offender Registration Act (42 U.S.C. SEC. 2. HOLDING OF COURT AT CLEVELAND, MIS- 14072(a)). proceed to its immediate consider- SISSIPPI. (3) SEXUALLY VIOLENT OFFENSE.—The term ation. Section 104(a)(3) of title 28, United States ‘‘sexually violent offense’’ has the same Code, is amended in the second sentence by The PRESIDING OFFICER. Without meaning as in section 170101(a)(3) of the inserting ‘‘and Cleveland’’ after ‘‘Clarks- objection, it is so ordered. The clerk Jacob Wetterling Crimes Against Children dale’’. will state the bill by title. and Sexually Violent Offender Registration The legislative clerk read as follows: SEC. 3. PLACE OF HOLDING COURT IN TEX- Act (42 U.S.C. 14071(a)(3)). ARKANA, TEXAS, AND TEXARKANA, (4) SEXUALLY VIOLENT PREDATOR.—The A bill (S. 2873) to extend the authority of ARKANSAS. term ‘‘sexually violent predator’’ has the the U.S. District Court for the Southern Dis- Sections 83(b)(1) and 124(c)(5) of title 28, same meaning as in section 170102(a) of the trict of Iowa to hold court in Rock Island, Il- United States Code, are each amended by in- Jacob Wetterling Crimes Against Children linois. serting after ‘‘held at Texarkana’’ the fol- and Sexually Violent Offender Registration There being no objection, the Senate lowing: ‘‘, and may be held anywhere within Act (42 U.S.C. 14072(a)). proceeded to consider the bill. the Federal courthouse in Texarkana that is located astride the State line between Texas SEC. 3. AVAILABILITY OF THE NSOR DATABASE AMENDMENT NO. 4072 TO THE PUBLIC. and Arkansas’’. Mr. SESSIONS. Mr. President, I send (a) IN GENERAL.—The Attorney General SEC. 4. PLACE OF HOLDING COURT IN THE shall— an amendment to the desk on behalf of NORTHERN DISTRICT OF NEW YORK. (1) make publicly available in a registry Mr. LEAHY. Section 112(a) of title 28, United States (in this Act referred to as the ‘‘public reg- The PRESIDING OFFICER. The Code, is amended by striking ‘‘and Water- istry’’) from information contained in the clerk will report. town’’ and inserting ‘‘Watertown, and the National Sex Offender Registry, via the Plattsburgh’’. The legislative clerk read as follows: Internet, all information described in sub- The Senator from Alabama [Mr. SESSIONS], SEC. 5. PLACE OF HOLDING COURT IN THE DIS- section (b); and for Mr. LEAHY, proposes an amendment num- TRICT OF COLORADO. (2) allow for users of the public registry to bered 4072. Section 85 of title 28, United States Code, determine which registered sex offenders are is amended by inserting ‘‘Colorado Springs,’’ The amendment is as follows: currently residing within a radius, as speci- after ‘‘Boulder,’’. fied by the user of the public registry, of the (Purpose: to provide for additional places of location indicated by the user of the public holding court, and for other purposes) f registry. At the end of the bill add the following: NATIONAL SEX OFFENDER (b) INFORMATION AVAILABLE IN PUBLIC REG- SEC. 2. HOLDING OF COURT AT CLEVELAND, MIS- REGISTRY ACT OF 2004 ISTRY.—With respect to any person convicted SISSIPPI. of a criminal offense against a victim who is Section 104(a)(3) of title 28, United States Mr. SESSIONS. Mr. President, I ask a minor or a sexually violent offense, or any Code, is amended in the second sentence by unanimous consent that the Judiciary sexually violent predator, required to reg- inserting ‘‘and Cleveland’’ after ‘‘Clarks- Committee be discharged from further ister with a minimally sufficient sexual of- dale’’. consideration of S. 2154, and the Senate fender registration program within a State, SEC. 3. PLACE OF HOLDING COURT IN TEX- proceed to its immediate consider- including a program established under sec- ARKANA, TEXAS, AND TEXARKANA, ation. tion 170101 of the Jacob Wetterling Crimes ARKANSAS. The PRESIDING OFFICER. Without Against Children and Sexually Violent Of- Sections 83(b)(1) and 124(c)(5) of title 28, objection, it is so ordered. The clerk fender Registration Act (42 U.S.C. 14017(b)), United States Code, are each amended by in- the public registry shall provide, to the ex- serting after ‘‘held at Texarkana’’ the fol- will state the bill by title. tent available in the National Sex Offender lowing: ‘‘, and may be held anywhere within The legislative clerk read as follows: Registry— the Federal courthouse in Texarkana that is A bill (S. 2154) to establish a National sex (1) the name and any known aliases of the located astride the State line between Texas offender registration database, and for other person; and Arkansas’’. purposes. (2) the date of birth of the person; SEC. 4. PLACE OF HOLDING COURT IN THE There being no objection, the Senate (3) the current address of the person and NORTHERN DISTRICT OF NEW YORK. proceeded to consider the bill. any subsequent changes of that address; Section 112(a) of title 28, United States (4) a physical description and current pho- Code, is amended by striking ‘‘and Water- AMENDMENT NO. 4073 tograph of the person; town’’ and inserting ‘‘Watertown, and Mr. SESSIONS. Mr. President, I send (5) the nature of and date of commission of Plattsburgh’’. to the desk an amendment on behalf of the offense by the person; SEC. 5. PLACE OF HOLDING COURT IN THE DIS- Mr. DORGAN. (6) the date on which the person is released TRICT OF COLORADO. The PRESIDING OFFICER. The from prison, or placed on parole, supervised Section 85 of title 28, United States Code, clerk will report. release, or probation; and is amended by inserting ‘‘Colorado Springs,’’ (7) any other information the Attorney after ‘‘Boulder,’’. The legislative clerk read as follows: General considers appropriate. Mr. SESSIONS. Mr. President, I ask The Senator from Alabama [Mr. SESSIONS], SEC. 4. RELEASE OF HIGH RISK INMATES. for Mr. DORGAN, proposes an amendment (a) CIVIL COMMITMENT PROCEEDINGS.— unanimous consent that the Leahy numbered 4073. amendment at the desk be agreed to, (1) IN GENERAL.—Any State that provides The amendment is as follows: for a civil commitment proceeding, or any the bill, as amended, be read the third (Purpose: to establish a national sex offender equivalent proceeding, shall issue timely no- time and passed, the motions to recon- tice to the attorney general of that State of sider be laid upon the table with no in- database available to the public, and for other purposes) the impending release of any person incar- tervening action or debate, and that cerated by the State who— Strike all after the enacting clause and in- any statements relating to the bill be (A) is a sexually violent predator; or sert: printed in the RECORD. (B) has been deemed by the State to be at SECTION 1. SHORT TITLE. The PRESIDING OFFICER. Without high-risk for recommitting any sexually vio- This Act may be cited as the ‘‘Dru Sjodin lent offense or criminal offense against a vic- objection, it is so ordered. National Sex Offender Public Database Act The amendment (No. 4072) was agreed tim who is a minor. of 2004’’ or ‘‘Dru’s Law’’. (2) REVIEW.—Upon receiving notice under to. SEC. 2. DEFINITION. paragraph (1), the State attorney general The bill (S. 2873), as amended, was In this Act: shall consider whether or not to institute a read the third time and passed, as fol- (1) CRIMINAL OFFENSE AGAINST A VICTIM WHO civil commitment proceeding, or any equiva- lows: IS A MINOR.—The term ‘‘criminal offense lent proceeding required under State law.

VerDate Aug 04 2004 02:52 Nov 21, 2004 Jkt 039060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.201 S19PT2 November 19, 2004 CONGRESSIONAL RECORD — SENATE S11663 (b) MONITORING OF RELEASED PERSONS.— The legislative clerk read as follows: Ranking Minority Member of a committee or (1) IN GENERAL.—Each State shall inten- A resolution (S. Res. 478) relating to dis- in the individual occupying the Senate lead- sively monitor, for not less than 1 year, any placed staff members of the Senators and ership office, and person described under paragraph (2) who— Senate leaders. ‘‘(ii) in the case of employment described (A) has been unconditionally released from in paragraph (3)(A)(ii), the expiration of the incarceration by the State; and There being no objection, the Senate term of office of the Senator, and (B) has not been civilly committed pursu- proceeded to consider the resolution. ‘‘(B) who is certified, not later than 60 days ant to a civil commitment proceeding, or Mr. SESSIONS. Mr. President, I ask after the date of the change or expiration of any equivalent proceeding under State law. unanimous consent that the resolution term of office, whichever is applicable, as a (2) APPLICABILITY.—Paragraph (1) shall be agreed to, the preamble be agreed displaced staff member by the Chairman or apply to— to, the motion to reconsider be laid Ranking Minority Member of the committee, (A) any sexually violent predator; or upon the table, and that any state- the Senator occupying the Senate leadership (B) any person who has been deemed by the office, or the Senator whose term is expiring, State to be at high-risk for recommitting ments relating to this matter be print- whichever is applicable, to the Secretary of any sexually violent offense or criminal of- ed in the RECORD. the Senate.’’. fense against a victim who is a minor. The PRESIDING OFFICER. Without (b) Subsection (b) of the first section of (c) COMPLIANCE.— objection, it is so ordered. such Senate Resolution 458 is amended— (1) COMPLIANCE DATE.—Each State shall The resolution (S. Res. 478) was (1) by inserting ‘‘President pro tempore have not more than 3 years from the date of agreed to. emeritus,’’ after ‘‘Deputy President pro tem- enactment of this Act in which to implement The preamble was agreed to. pore,’’; the requirements of this section. The resolution, with its preamble, (2) by striking ‘‘or’’ before ‘‘Secretary’’; (2) INELIGIBILITY FOR FUNDS.—A State that reads as follows: and fails to implement the requirements of this (3) by inserting ‘‘the Chairman of the Con- section, shall not receive 25 percent of the S. RES. 478 ference of the Majority, the Chairman of the funds that would otherwise be allocated to Resolved, That (a) paragraphs (3) and (4) of Conference of the Minority, the Chairman of the State under section 20106(b) of the Vio- section 6(a) of Senate Resolution 458, 98th the Majority Policy Committee, or the lent Crime Control and Law Enforcement Congress, agreed to October 4, 1984 (as Chairman of the Minority Policy Com- Act of 1994 (42 U.S.C. 13706(b)). amended by Senate Resolution 9, 103d Con- mittee,’’ before ‘‘the employees of such of- (3) REALLOCATION OF FUNDS.—Any funds gress, agreed to January 7, 1993) are amended fice’’. that are not allocated for failure to comply to read as follows: with this section shall be reallocated to ‘‘(3) The term ‘eligible staff member’ f States that comply with this section. means an individual— Mr. SESSIONS. Mr. President, I ask ‘‘(A) who was an employee— APPOINTING DAY FOR CONVENING unanimous consent that the Dorgan ‘‘(i) of a committee or subcommittee there- OF 109TH CONGRESS amendment be agreed to, the bill, as of or a Senate leadership office described in Mr. SESSIONS. Mr. President, I ask subsection (b) of the first section of this res- amended, be read the third time and olution, or unanimous consent that H.J. Res. 111, passed, the motion to reconsider be ‘‘(ii) in an office of a Senator on the expira- which is at the desk, be read a third laid upon the table, with no inter- tion of the term of office of such Senator as time and passed, and the motion to re- vening action or debate, and that any a Senator, but only if the Senator is not consider be laid upon the table. statements relating to the bill be serving as a Senator for the next term of of- The PRESIDING OFFICER. Without printed in the RECORD. fice and was a candidate in the general elec- objection, it is so ordered. The PRESIDING OFFICER. Without tion for such next term, The joint resolution (H.J. Res. 111) objection, it is so ordered. ‘‘(B) whose employment described in sub- was read the third time and passed. paragraph (A) was at least 183 days (whether The amendment (No. 4073) was agreed or not service was continuous) before the f to. date of termination of employment described The bill (S. 2154), as amended, was in paragraph (4), and NOMINATIONS DISCHARGED AND read the third time and passed. ‘‘(C) whose pay is disbursed by the Sec- PLACED ON THE CALENDAR f retary of the Senate. The term ‘eligible staff member’ shall not in- Mr. SESSIONS. Mr. President, as in DISPLACED STAFF MEMBERS OF clude an employee to whom the first section executive session, I ask unanimous SENATORS AND SENATE LEADERS of this resolution applies. consent that the Foreign Relations Mr. SESSIONS. Mr. President, I ask ‘‘(4) The term ‘displaced staff member’ Committee be discharged from further unanimous consent that the Senate means an eligible staff member— consideration of the two lists of nomi- ‘‘(A) whose service as an employee of the nations that are at the desk, and that proceed to the immediate consider- Senate is terminated solely and directly as a ation of S. Res. 478, introduced earlier result of— the nominations be placed on the cal- today. ‘‘(i) in the case of employment described in endar. The PRESIDING OFFICER. The paragraph (3)(A)(i), a change in the indi- The PRESIDING OFFICER. Without clerk will state the resolution by title. vidual occupying the position of Chairman or objection, it is so ordered.

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