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Congressional Record—Senate S12508 S12508 CONGRESSIONAL RECORD — SENATE October 14, 2003 (C) 1 member shall be appointed by the labor organization, or joint labor-manage- Mr. STEVENS. This is a very serious Chairman of the Committee on Health, Edu- ment committee for a violation of this title; amendment. cation, Labor, and Pensions of the Senate; or Parliamentary inquiry. There are 2 (D) 1 member shall be appointed by the (B) establish a violation under this title for minutes on each side on the Bingaman ranking minority member of the Committee an employer, employment agency, labor or- on Health, Education, Labor, and Pensions of ganization, or joint labor-management com- amendment? the Senate; mittee of a provision of the amendments The PRESIDING OFFICER. The Sen- (E) 1 member shall be appointed by the made by title I; ator is correct. Speaker of the House of Representatives; (3) limit the rights or protections of an in- Mr. STEVENS. Does the Senator (F) 1 member shall be appointed by the Mi- dividual under any other Federal or State wish to speak first? nority Leader of the House of Representa- statute that provides equal or greater pro- Mr. BINGAMAN. I will defer to the tives; tection to an individual than the rights or Senator from Alaska. (G) 1 member shall be appointed by the protections provided for under this title; Mr. STEVENS. I will yield our time Chairman of the Committee on Education (4) apply to the Armed Forces Repository to Senator WARNER, chairman of the and the Workforce of the House of Rep- of Specimen Samples for the Identification resentatives; and of Remains; Armed Services Committee. (H) 1 member shall be appointed by the (5) limit or expand the protections, rights, Mr. WARNER. Go right ahead. ranking minority member of the Committee or obligations of employees or employers Mr. BINGAMAN. Mr. President, in on Education and the Workforce of the under applicable workers’ compensation previous military campaigns such as House of Representatives. laws; the first gulf war and Kosovo, and (2) COMPENSATION AND EXPENSES.—The (6) limit the authority of a Federal depart- many before that, the Pentagon has members of the Commission shall not re- ment or agency to conduct or sponsor occu- issued campaign medals to service men ceive compensation for the performance of pational or other health research that is con- and women who served in those con- services for the Commission, but shall be al- ducted in compliance with the regulations flicts. We need to do the very same in lowed travel expenses, including per diem in contained in part 46 of title 45, Code of Fed- lieu of subsistence, at rates authorized for eral Regulations (or any corresponding or the case of our service men and women employees of agencies under subchapter I of similar regulation or rule); and who are serving in Iraq. chapter 57 of title 5, United States Code, (7) limit the statutory or regulatory au- The amendment I am proposing says while away from their homes or regular thority of the Occupational Safety and the Secretaries of the respective serv- places of business in the performance of serv- Health Administration or the Mine Safety ices may issue an appropriate medal or ices for the Commission. and Health Administration to promulgate or campaign designation to any person (d) ADMINISTRATIVE PROVISIONS.— enforce workplace safety and health laws who serves in any capacity in the (1) LOCATION.—The Commission shall be lo- and regulations. armed services in connection with Op- cated in a facility maintained by the Equal SEC. 210. MEDICAL INFORMATION THAT IS NOT Employment Opportunity Commission. GENETIC INFORMATION. eration Iraqi Freedom. In my view, this (2) DETAIL OF GOVERNMENT EMPLOYEES.— An employer, employment agency, labor is much preferable to the Pentagon’s Any Federal Government employee may be organization, or joint labor-management current policy, which is that everyone detailed to the Commission without reim- committee shall not be considered to be in should get a Global War on Terrorism bursement, and such detail shall be without violation of this title based on the use, ac- Medal instead of a medal that relates interruption or loss of civil service status or quisition, or disclosure of medical informa- to their service in Iraq. privilege. tion that is not genetic information about a The service men and women who are (3) INFORMATION FROM FEDERAL AGENCIES.— manifested disease, disorder, or pathological risking their lives in Iraq deserve to be condition of an employee or member, includ- The Commission may secure directly from recognized for their service in that any Federal department or agency such in- ing a manifested disease, disorder, or patho- formation as the Commission considers nec- logical condition that has or may have a ge- country. This is a major military en- essary to carry out the provisions of this sec- netic basis. gagement we have gotten into here and tion. Upon request of the Commission, the SEC. 211. REGULATIONS. there will be a lot of service men and head of such department or agency shall fur- Not later than 1 year after the date of en- women involved. We definitely should nish such information to the Commission. actment of this title, the Commission shall make this a separate medal. (4) HEARINGS.—The Commission may hold issue final regulations in an accessible for- That is the thrust of the amendment. such hearings, sit and act at such times and mat to carry out this title. Senator LUGAR is a cosponsor, along places, take such testimony, and receive SEC. 212. AUTHORIZATION OF APPROPRIATIONS. with many others. I ask unanimous such evidence as the Commission considers There are authorized to be appropriated advisable to carry out the objectives of this such sums as may be necessary to carry out consent to add Senators BYRD, LEAHY, section, except that, to the extent possible, this title (except for section 208). and JEFFORDS to those who are already the Commission shall use existing data and SEC. 213. EFFECTIVE DATE. listed as cosponsors. research. This title takes effect on the date that is The PRESIDING OFFICER. Without (5) POSTAL SERVICES.—The Commission 18 months after the date of enactment of this objection, it is so ordered. may use the United States mails in the same Act. Mr. WARNER. Mr. President, I say to manner and under the same conditions as TITLE III—MISCELLANEOUS PROVISION my colleagues, I would like to think of other departments and agencies of the Fed- SEC. 301. SEVERABILITY. myself as the last person to ever take eral Government. If any provision of this Act, an amendment the floor of the Senate and say a man (e) REPORT.—Not later than 1 year after all made by this Act, or the application of such or a woman proudly wearing the uni- of the members are appointed to the Com- provision or amendment to any person or mission under subsection (c)(1), the Commis- form of the United States should not circumstance is held to be unconstitutional, receive everything that is offered. But sion shall submit to Congress a report that the remainder of this Act, the amendments summarizes the findings of the Commission made by this Act, and the application of in this instance—I do not oppose this— and makes such recommendations for legis- such provisions to any person or cir- I simply ask you to examine it in the lation as are consistent with this Act. cumstance shall not be affected thereby. sense of fairness. What do you say to (f) AUTHORIZATION OF APPROPRIATIONS.— the widow of someone who lost his life There are authorized to be appropriated to Mr. STEVENS. I move to reconsider the Equal Employment Opportunity Com- the vote and I move to lay that motion in Afghanistan? What do you say to mission such sums as may be necessary to on the table. those who have injured soldiers in the carry out this section. The motion to lay on the table was Horn of Africa, Liberia, Philippines, SEC. 209. CONSTRUCTION. agreed to. Colombia, and other places, all engaged Nothing in this title shall be construed f in the war on terrorism? to— I do not understand this. I have read (1) limit the rights or protections of an in- EMERGENCY SUPPLEMENTAL AP- it. I have reread it. It says, for exam- dividual under the Americans with Disabil- PROPRIATIONS FOR IRAQ AND ple, to those serving in Iraq, prohibi- ities Act of 1990 (42 U.S.C. 12101 et seq.), in- AFGHANISTAN SECURITY AND tion of concurrent award of Global War cluding coverage afforded to individuals RECONSTRUCTION ACT, 2004—Con- on Terrorism Expeditionary Medal. under section 102 of such Act (42 U.S.C. tinued They cannot receive it. For what rea- 12112), or under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); AMENDMENT NO. 1830 son, I do not know. (2)(A) limit the rights or protections of an The PRESIDING OFFICER. There I say to my dear friend, a former individual to bring an action under this title are 4 minutes equally divided on the member of the Armed Services Com- against an employer, employment agency, Bingaman amendment. mittee, this is a matter that requires VerDate Mar 15 2010 21:24 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S14OC3.REC S14OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 14, 2003 CONGRESSIONAL RECORD — SENATE S12509 close examination. This issue of award- expertise or the knowledge to deny any amendment. I have asked permission to ing men and women of the Armed medal that is judged by the leaders of delete that and it has been denied.
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