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

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

Vol. 150 WASHINGTON, TUESDAY, SEPTEMBER 7, 2004 No. 104 House of Representatives The House met at 2 p.m. improvement of patient safety and to reduce development of the means to produce nu- The Chaplain, the Reverend Daniel P. the incidence of events that adversely affect clear weapons. Coughlin, offered the following prayer: patient safety, and for other purposes. S. Con. Res. 106. Concurrent resolution urg- Almighty and eternal God, through The message also announced that the ing the Government of Ukraine to ensure a Your provident goodness, and guided Senate insists upon its amendment to democratic, transparent, and fair election the bill (H.R. 663), ‘‘An Act to amend process for the presidential election on Octo- by Your Spirit, you have brought us tober 31, 2004. gether for this fall session of the 108th title IX of the Public Health Service S. Con. Res. 109. Concurrent resolution Congress of the United States of Amer- Act to provide for the improvement of commending the United States Institute of ica. patient safety and to reduce the inci- Peace on the occasion of its 20th anniversary Keep us safe and healthy throughout dence of events that adversely affect and recognizing the Institute for its con- these days. May all our thoughts, patient safety, and for other purposes’’, tribution to international conflict resolu- words, and actions be pleasing in Your disagreed to by the House, agrees to tion. sight and serve the lasting interests of the conference asked by the House on S. Con. Res. 112. Concurrent resolution sup- the disagreeing votes of the two Houses porting the goals and ideals of National Pur- this Nation, so that, as a people, we ple Heart Recognition Day. thereon, and appoints Mr. GREGG, Mr. may become a beacon of light and a S. Con. Res. 126. Concurrent resolution lesson in freedom to the rest of the FRIST, Mr. ENZI, Mr. ALEXANDER, Mr. condemning the attack on the AMIA Jewish world. KENNEDY, Mr. DODD, and Mr. JEFFORDS, Community Center in Buenos Aires, Argen- This we pray, now and forever. Amen. to be the conferees on the part of the tina, in July 1994, and expressing the concern f Senate. of the United States regarding the con- H. Con. Res. 398. Concurrent resolution ex- tinuing, decade-long delay in the resolution THE JOURNAL pressing the concern of Congress over Iran’s of this issue. The SPEAKER. The Chair has exam- development of the means to produce nu- S. Con. Res. 133. Concurrent resolution de- ined the Journal of the last day’s pro- clear weapons. claring genocide in Darfur, Sudan. ceedings and announces to the House The message also announced that the S. Con. Res. 135. Concurrent resolution authorizing the printing of a commemorative his approval thereof. Senate has passed bills, a joint resolution, and concurrent resolutions of the document in memory of the late President of Pursuant to clause 1, rule I, the Jour- the United States, Ronald Wilson Reagan. nal stands approved. following titles in which the concur- f rence of the House is requested: f S. 720. An act to amend title IX of the Pub- PLEDGE OF ALLEGIANCE lic Health Service Act to provide for the im- COMMUNICATION FROM THE The SPEAKER. Will the gentle- provement of patient safety and to reduce CLERK OF THE HOUSE the incidence of events that adversely affect woman from Michigan (Mrs. MILLER of patient safety. The SPEAKER pro tempore (Mr. Michigan) come forward and lead the S. 2501. An act to designate the facility of PENCE) laid before the House the fol- House in the Pledge of Allegiance. the United States Postal Service located at lowing communication from the Clerk Mrs. MILLER of Michigan led the 73 South Euclid Avenue in Montauk, New of the House of Representatives: Pledge of Allegiance as follows: York, as the ‘‘Perry B. Duryea, Jr. Post Of- OFFICE OF THE CLERK, fice’’. I pledge allegiance to the Flag of the HOUSE OF REPRESENTATIVES, S. 2640. An act to designate the facility of United States of America, and to the Repub- Washington, DC, July 26, 2004. the United States Postal Service located at lic for which it stands, one nation under God, Hon. J. DENNIS HASTERT, indivisible, with liberty and justice for all. 1050 North Hills Boulevard in Reno, Nevada, as the ‘‘Guardians of Freedom Memorial Speaker, House of Representatives, f Post Office Building’’ and to authorize the Washington, DC. DEAR MR. SPEAKER: Pursuant to the per- MESSAGE FROM THE SENATE installation of a plaque at such site, and for other purposes. mission granted in Clause 2(h) of Rule II of A message from the Senate by Mr. S. 2682. An act to designate the facility of the Rules of the U.S. House of Representa- Monahan, one of its clerks, announced the United States Postal Service located at tives, the Clerk received the following mes- that the Senate has passed with 222 West 8th Street, Durango, Colorado, as sage from the Senate on July 23, 2004 at 4:10 amendments in which the concurrence the ‘‘Ben Nighthorse Campbell Post Office p.m.: That the Senate passed without amend- of the House is requested, a bill and a Building’’. S.J. Res. 41. Joint resolution commemo- ment H.R. 3340. concurrence resolution of the House of rating the opening of the National Museum That the Senate passed without amend- the following titles: of the American Indian. ment H.R. 3463. H.R. 663. An act to amend title IX of the S. Con. Res. 81. Concurrent resolution ex- That the Senate passed without amend- Public Health Service Act to provide for the pressing the concern of Congress over Iran’s ment H.R. 4222.

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

H6709

VerDate Aug 04 2004 05:27 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.000 H07PT1 H6710 CONGRESSIONAL RECORD — HOUSE September 7, 2004 That the Senate passed without amend- COMMUNICATION FROM THE cal year ending September 30, 2005, and ment H.R. 4327. SPEAKER for other purposes; That the Senate passed without amend- The SPEAKER pro tempore laid be- H.R. 4842, to implement the United ment H.R. 4427. States-Morocco Free Trade Agreement; fore the House the following commu- That the Senate passed without amend- H.R. 4916, to provide an extension of ment H.R. 4417. nication from the Speaker: highway, highway safety, motor car- That the Senate passed without amend- OFFICE OF THE SPEAKER, ment H.R. 4842. rier safety, transit, and other programs HOUSE OF REPRESENTATIVES, funded out of Highway Trust Fund That the Senate passed without amend- Washington, DC, August 16, 2004. pending enactment of a law reauthor- ment H.R. 4916. Hon. DUNCAN HUNTER, That the Senate passed without amend- Chairman, Committee on Armed Services, House izing the Transportation Equity Act ment H. Con. Res. 308. of Representatives, Washington, DC. for the 21st Century; and That the Senate passed without amend- DEAR MR. CHAIRMAN: This is to advise you S. 2712, to preserve the ability of the ment H. Con. Res. 439. that Representative Rodney Alexander’s Federal Housing Administration to en- That the Senate passed without amend- election to the Committee on Armed Serv- sure mortgages under sections 238 and ment H. Con. Res. 479. ices has been automatically vacated pursu- 519 of the National Housing Act. That the Senate agreed to conference re- ant to clause 5(b)(1) of rule X effective Au- f port H.R. 2443. gust 9, 2004. That the Senate agreed to conference re- Sincerely, COMMUNICATION FROM THE port H.R. 4613. J. DENNIS HASTERT, CHAIRMAN OF THE COMMITTEE With best wishes, I am Speaker of the House. ON TRANSPORTATION AND IN- Sincerely, f FRASTRUCTURE JEFF TRANDAHL, Clerk of the House. ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore laid be- PRO TEMPORE fore the House the following communication from the chairman of the f The SPEAKER pro tempore. Pursu- Committee on Transportation and In- ant to clause 4 of rule I, Speaker pro frastructure, which was read and, with- ANNOUNCEMENT BY THE SPEAKER tempore TOM DAVIS of Virginia signed PRO TEMPORE out objection, referred to the Com- the following enrolled bills on Wednes- mittee on Appropriations: The SPEAKER pro tempore. Under day, July 28, 2004: clause 5(c) of rule XX, the Chair an- H.R. 2443, to authorize appropriations HOUSE OF REPRESENTATIVES, COM- MITTEE ON TRANSPORTATION AND for the Coast Guard for fiscal year 2005, nounces to the House, that, in light of INFRASTRUCTURE, the resignation of the gentleman from to amend various laws administered by Washington, DC, July 27, 2004. Nebraska (Mr. BEREUTER), the whole the Coast Guard, and for other pur- Hon. J. DENNIS HASTERT, number of the House is adjusted to 434. poses; Speaker of the House, H.R. 3340, to redesignate the facilities Washington, DC. f of the United States Postal Service lo- DEAR MR. SPEAKER: Enclosed are copies of cated at 7715 and 7748 S. Cottage Grove resolutions adopted on July 21, 2004 by the Committee on Transportation and Infra- COMMUNICATION FROM THE HON. Avenue in Chicago, Illinois, as the structure. Copies of the resolutions are being ROBERT MENENDEZ, CHAIRMAN, ‘‘James E. Worsham Post Office’’ and transmitted to the Department of the Army. DEMOCRATIC CAUCUS the ‘‘James E. Worsham Carrier Annex Sincerely, The Speaker pro tempore laid before Building,’’ respectively, and for other DON YOUNG, Chairman. the House the following communica- purposes; H.R. 3463, to amend titles III and IV Enclosures. tion from the Honorable ROBERT of the Social Security Act to improve RESOLUTION, DOCKET 2729, LAKE ERIE MENENDEZ, Chairman, Democratic Cau- the administration of unemployment WATERFRONT, EUCLID, OHIO cus: taxes and benefits; Resolved by the Committee on Transpor- DEMOCRATIC CAUCUS, tation and Infrastructure of the United HOUSE OF REPRESENTATIVES, H.R. 4222, to designate the facility of States House of Representatives, That the Washington, DC, August 9, 2004. the United States Postal Service lo- Secretary of the Army is requested to review Hon. J. DENNIS HASTERT, cated at 550 Nebraska Avenue in Kan- the report of the Chief of Engineers on the Speaker of the House, House of Representatives, sas City, Kansas, as the ‘‘Newell Ohio Shoreline of Lake Erie, Euclid to Cha- Washington, DC. George Post Office Building’’; grin River, published as House Document 324, DEAR MR. SPEAKER: Pursuant to clause H.R. 4226, to amend title 49, United 83rd Congress, 2nd Session, and other perti- 5(b)(1) of Rule X, I am writing to inform you States Code, to make certain con- nent reports to determine whether modifica- that Rep. Rodney Alexander has ceased to be tions to the recommendations contained a member of the House Democratic Caucus. forming changes to provisions gov- therein are advisable at the present time in Sincerely, erning the registration of aircraft and the interest of shoreline protection, storm ROBERT MENENDEZ, the recordation of instruments in order damage reduction, environmental restora- Chairman. to implement the Convention on Inter- tion and protection, recreation and other re- national Interests in Mobile Equipment lated purposes along the Lake Erie water- f and the protocol to the Convention on front in Euclid, Ohio. International Interests in Mobile RESOLUTION, DOCKET 2730, CHERRY RIVER COMMUNICATION FROM THE Equipment on matters specific to air- BASIN, WEST VIRGINIA SPEAKER craft equipment, known as the ‘‘Cape Resolved by the Committee on Transpor- The SPEAKER pro tempore laid be- Town Treaty’’; tation and Infrastructure of the United fore the House the following commu- H.R. 4327, to designate the facility of States House of Representatives, That the Secretary of the Army is requested to review nication from the Speaker: the United States Postal Service located at 7450 Natural Bridge Road in the report of the Chief of Engineers on the OFFICE OF THE SPEAKER, St. Louis, Missouri, as the ‘‘Vitilas Ohio river and tributaries, Pennsylvania, HOUSE OF REPRESENTATIVES, Ohio and West Virginia, published as House Washington, DC, August 16, 2004. ‘Veto’ Reid Post Office building’’; Document 306, 74th Congress, 1st Session, Hon. BOB GOODLATTE, H.R. 4417, to modify certain deadlines and other pertinent reports to determine Chairman, Committee on Agriculture, House of pertaining to machine-readable, tam- whether modifications to the recommenda- Representatives, Washington, DC. per-resistant entry and exit docu- tions contained therein are advisable at the DEAR MR. CHAIRMAN: This is to advise you ments; present time in the interest of flood damage that Representative Rodney Alexander’s H.R. 4427, to designate the facility reduction and other related purposes in the election to the Committee on Agriculture the United States Postal Service lo- Cherry River basin at Richwood, West Vir- has been automatically vacated pursuant to cated at 73 South Euclid Avenue in ginia and vicinity. clause 5(b)(1) of rule X effective August 9, 2004. Montauk, New York, as the ‘‘Perry B. RESOLUTION, DOCKET 2731, MEADOW RIVER Sincerely, Duryea, Jr., Post Office’’; BASIN, WEST VIRGINIA J. DENNIS HASTERT, H.R. 4613, making appropriations for Resolved by the Committee on Transpor- Speaker of the House. the Department of Defense for the fis- tation and Infrastructure of the United

VerDate Aug 04 2004 03:38 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.005 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6711

States House of Representatives, That the ALTERATION—J. EDGAR HOOVER BUILDING, U.S.C. 3307, appropriations are authorized for Secretary of the Army is requested to review WASHINGTON, DC the alteration of the Theodore Roosevelt the report of the Chief of Engineers on the Resolved by the Committee on Transpor- Building located at 1900 E Street, NW, in Ohio river and tributaries, Pennsylvania, tation and Infrastructure of the U.S. House Washington, DC, at a design and review cost Ohio and West Virginia, published as House of Representatives, That pursuant to 40 of $570,000, an estimated construction cost of Document 306, 74th Congress, 1st Session, U.S.C. 3307, appropriations are authorized for $8,630,000, and management and inspection and other pertinent reports to determine the alteration of the J. Edgar Hoover Build- cost of $530,000 for a combined estimated whether modifications to the recommenda- ing located at 935 Pennsylvania Avenue, NW, total project cost of $9,730,000, a prospectus tions contained therein are advisable at the in Washington, DC, at a design and review for which is attached to, and included in, present time in the interest of flood damage cost of $689,000, an estimated construction this resolution. reduction and other related purposes in the cost of $8,918,000, and management and in- Meadow River basin at Richwood, West Vir- spection cost of $635,000 for a combined esti- ALTERATION—MARTIN LUTHER KING, JR. ginia and vicinity. mated total project cost of $10,242,000, a pro- FEDERAL BUILDING, ATLANTA, GA spectus for which is attached to, and in- Resolved by the Committee on Transpor- RESOLUTION, DOCKET 2732, CLINTON RIVER AND cluded in, this resolution. tation and Infrastructure of the U.S. House ANCHOR BAY, MICHIGAN of Representatives, That pursuant to 40 Resolved by the Committee on Transpor- ALTERATION—EISENHOWER EXECUTIVE OFFICE U.S.C. 3307, appropriations are authorized for tation and Infrastructure of the United BUILDING, WASHINGTON, DC Phase 1 of the alteration of the Martin Lu- States House of Representatives, That the Resolved by the Committee on Transpor- ther King, Jr. Federal Building located at 77 Secretary of the Army is requested to review tation and Infrastructure of the U.S. House Forsyth St., in Atlanta, Georgia, at an esti- the report of the Chief of Engineers, Red Run of Representatives, That pursuant to 40 mated construction cost of $13,436,000, and Drain and Lower Clinton River, Michigan, U.S.C. 3307, appropriations are authorized for management and inspection cost of $1,364,000 Rivers and Harbor Act of 1970, published as the alteration of the Eisenhower Executive for a combined estimated total project cost House Document 431, 91st Congress, 2nd Ses- Office Building located at Pennsylvania Ave- of $45,712,000 (design and review cost of sion, and other pertinent reports to deter- nue and 17th Street, NW, in Washington, DC, $2,351,000 was previously authorized; esti- mine whether modifications to the rec- at a design and review cost of $454,000, an es- mated construction and management and in- ommendations contained therein are advis- timated construction cost of $4,092,000, and spection cost of $28,561,000 for Phase 2 will be able at the present time in the interest of management and inspection cost of $454,000 included in a future request), a prospectus flood protection, environmental restoration for a combined estimated total project cost for which is attached to, and included in, and protection, recreation and related pur- of $5,000,000, a prospectus for which is at- this resolution. poses for the Clinton River and Anchor Bay tached to, and included in, this resolution. watersheds within the counties of Macomb, ALTERATION—U.S. COURT OF APPEALS, Oakland, and St. Clair, Michigan. ALTERATION—FEDERAL OFFICE BUILDING 6, ATLANTA, GA WASHINGTON, DC Resolved by the Committee on Transpor- RESOLUTION, DOCKET 2733, CUYAHOGA RIVER & Resolved by the Committee on Transpor- tation and Infrastructure of the U.S. House TRIBUTARIES AT STOW, OHIO tation and Infrastructure of the U.S. House of Representatives, That pursuant to 40 Resolved by the Committee on Transpor- of Representatives, That pursuant to 40 U.S.C. 3307, appropriations are authorized for tation and Infrastructure of the United U.S.C. 3307, appropriations are authorized for the alteration for adaptive reuse of historic States House of Representatives, That the the alteration of Federal Office Building 6 lo- properties adjacent to the Elbert P. Tuttle Secretary of the Army, acting through the cated at 400 Maryland Avenue, SW, in Wash- Court of Appeals Building in Atlanta, Geor- Chief of Engineers, is requested to review the ington, DC, at a design and review cost of gia, at an estimated construction cost of report on the Cuyahoga River published in $622,000, an estimated construction cost of $30,773,000, and management and inspection June 1975 entitled, ‘‘Second Interim Prelimi- $7,315,000, and management and inspection cost of $1,231,000 for a combined estimated nary Feasibility Report on Cuyahoga River cost of $330,000 for a combined estimated total project cost of $49,239,000 (acquisition Flood Control Study’’, and other pertinent total project cost of $8,267,000, a prospectus cost of $9,100,000, relocation cost of $1,500,000 reports to determine whether modifications for which is attached to, and included in, and design cost of $6,725,000 were previously to the recommendations contained therein this resolution. authorized), a prospectus for which is at- are advisable at the present time in the in- tached to, and included in, this resolution. terest of water quality, environmental res- ALTERATION—MARY E. SWITZER MEMORIAL toration and protection, recreation, flood FEDERAL BUILDING, WASHINGTON, DC ALTERATION—HILO FEDERAL BUILDING-POST damage reduction and other related purposes Resolved by the Committee on Transpor- OFFICE, HILO, HI within the City of Stow, Ohio. tation and Infrastructure of the U.S. House Resolved by the Committee on Transpor- There was no objection. of Representatives, That pursuant to 40 tation and Infrastructure of the U.S. House U.S.C. 3307, appropriations are authorized for of Representatives, That pursuant to 40 f the alteration of the Mary E. Switzer Memo- U.S.C. 3307, appropriations are authorized for rial Federal Building located at 330 C St., the alteration of the Federal Building and COMMUNICATION FROM THE SW, in Washington, DC, at an estimated con- Post Office located at 154 Waianuenue Ave- struction cost of $100,080,000 and manage- nue, in Hilo, Hawaii, at an estimated con- CHAIRMAN OF THE COMMITTEE ment and inspection cost of $7,525,000 for a struction cost of $4,528,000, and management ON TRANSPORTATION AND IN- combined estimated total project cost of and inspection cost of $605,000 for a combined FRASTRUCTURE $116,325,000 (design and review cost of estimated total project cost of $5,738,000 (de- The SPEAKER pro tempore. The $8,720,000 was previously authorized), a pro- sign and review cost of $605,000 was pre- Speaker pro tempore laid before the spectus for which is attached to, and in- viously authorized), a prospectus for which is cluded in, this resolution. attached to, and included in, this resolution. House the following communication from the chairman of the Committee ALTERATION—NEW EXECUTIVE OFFICE ALTERATION—HALE BOGGS FEDERAL BUILDING on Transportation and Infrastructure, BUILDING, WASHINGTON, DC AND COURTHOUSE, NEW ORLEANS, LA which was read and, without objection, Resolved by the Committee on Transpor- Resolved by the Committee on Transpor- referred to the Committee on Appro- tation and Infrastructure of the U.S. House tation and Infrastructure of the U.S. House priations: of Representatives, That pursuant to 40 of Representatives, That pursuant to 40 HOUSE OF REPRESENTATIVES, COM- U.S.C. 3307, appropriations are authorized for U.S.C. 3307, appropriations are authorized for MITTEE ON TRANSPORTATION AND the alteration of the New Executive Office the alteration of the Hale Boggs Federal INFRASTRUCTURE, Building located at 725 17th St., NW, in Building and Courthouse located at 501 Mag- Washington, DC, July 21, 2004. Washington, DC, at a design and review cost azine Street and 500 Camp Street, in New Or- Hon. J. DENNIS HASTERT, of $451,000, an estimated construction cost of leans, Louisiana, at an estimated construc- Speaker of the House, $5,388,000, and management and inspection tion cost of $20,525,000, and management and Washington, DC. cost of $423,000 for a combined estimated inspection cost of $2,056,000 for a combined DEAR MR. SPEAKER: Enclosed please find total project cost of $6,262,000, a prospectus estimated total project cost of $24,742,000 (de- the resolutions approved by the Committee for which is attached to, and included in, sign and review cost of $2,161,000 was pre- on Transportation and Infrastructure on this resolution. viously authorized), a prospectus for which is July 21, 2004, in accordance with 40 U.S.C. attached to, and included in, this resolution. § 3307. ALTERATION—THEODORE ROOSEVELT Sincerely, BUILDING, WASHINGTON, DC ALTERATION—JOHN MINOR WISDOM COURT OF DON YOUNG, Resolved by the Committee on Transpor- APPEALS, NEW ORLEANS, LA Chairman. tation and Infrastructure of the U.S. House Resolved by the Committee on Transpor- Enclosures. of Representatives, That pursuant to 40 tation and Infrastructure of the U.S. House

VerDate Aug 04 2004 03:38 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.013 H07PT1 H6712 CONGRESSIONAL RECORD — HOUSE September 7, 2004 of Representatives, That pursuant to 40 this resolution. This resolution amends a view cost of $3,162,000 and management and U.S.C. 3307, appropriations are authorized for Committeee resolution dated June 26, 2002 inspection cost of $2,585,000 for a combined the alteration of the John Minor Wisdom that authorized $3,148,000. estimated total project cost of $37,975,000, a Court of Appeals Building located at 600 prospectus for which is attached to, and in- Camp Street, in New Orleans, Louisiana, at ALTERATION—RICHARD BOLLING FEDERAL cluded in, this resolution. an estimated construction cost of $6,973,000, BUILDING, KANSAS CITY, MO and management and inspection cost of Resolved by the Committee on Transportation ALTERATION—ANTHONY J. CELEBREZZE $1,032,000 for a combined estimated total and Infrastructure of the U.S. House of Rep- FEDERAL BUILDING, CLEVELAND, OH project cost of $8,944,000 (design and review resentatives, That pursuant to 40 U.S.C. § 3307, Resolved by the Committee on Transportation cost of $939,000 was previously authorized), a appropriations are authorized for the alter- and Infrastructure of the U.S. House of Rep- prospectus for which is attached to, and in- ation of the Richard Bolling Federal Build- resentatives, That pursuant to 40 U.S.C. § 3307, cluded in, this resolution. ing located at 601 East 12th Street, in Kansas appropriations are authorized for the alter- City, Missouri, at an estimated construction ation of the Anthony J. Celebrezze Federal ALTERATION—WASHINGTON NATIONAL RECORD cost of $146,144,000 for Phases 2, 3, and 4, de- Building located at 1240 East Ninth Street, CENTER, SUITLAND, MD sign and review cost of $8,108,000 for Phases 3 in Cleveland, Ohio, at an estimated construc- Resolved by the Committee on Transpor- and 4, and management and inspection cost tion cost of $34,418,000 and management and tation and Infrastructure of the U.S. House of $14,853,000 for Phases 2, 3, and 4 for a com- inspection cost of $2,957,000 for a combined of Representatives, That pursuant to 40 bined estimated total project cost of estimated total project cost of $39,649,000 (de- U.S.C. 3307, appropriations are authorized for $199,583,000 (estimated construction cost of sign and review cost of $2,274,000 was pre- the alteration of the Washington National $24,010,000 for Phase l, design and review cost viously authorized), a prospectus for which is Record Center, located at the Suitland Fed- of $4,663,000 for Phases 1 and 2, and manage- attached to, and included in, this resolution. eral Center, in Suitland, Maryland, at an es- ment and inspection cost of $1,805,000 for timated construction cost of $6,840,000, de- Phase 1 were previously authorized), a pro- ALTERATION—WILLIAM K. NAKAMURA UNITED sign and review cost of $698,000 and manage- spectus for which is attached to, and in- STATES COURTHOUSE, SEATTLE, WA ment and inspection cost of $451,000 for a cluded in, this resolution. Resolved by the Committee on Transportation combined estimated total project cost of and Infrastructure of the U.S. House of Rep- $7,989,000, a prospectus for which is attached ALTERATION—DANIEL P. MOYNIHAN UNITED resentatives, That pursuant to 40 U.S.C. § 3307, to, and included in, this resolution. STATES COURTHOUSE, NEW YORK, NY appropriations are authorized for the alter- Resolved by the Committee on Transportation ation of the William K. Nakamura United ALTERATION—SSA NATIONAL HEAD- and Infrastructure of the U.S. House of Rep- States Courthouse located at 1010 5th Ave- QUARTERS—ALTMEYER BUILDING, resentatives, That pursuant to 40 U.S.C. § 3307, nue, in Seattle, Washington, at an estimated WOODLAWN, MD appropriations are authorized for the alter- construction cost of $45,879,000 and manage- Resolved by the Committee on Transportation ation of the Daniel P. Moynihan United ment and inspection cost of $4,331,000 for a and Infrastructuer of the U.S. House of Rep- States Courthouse located at 500 Pearl combined estimated total project cost of resentatives, That pursuant to 40 U.S.C. § 3307, Street, in New York City, New York, at an $53,060,000 (design and review cost of appropriations are authorized for the alter- estimated construction cost of $2,338,000, de- $2,850,000 was previously authorized), a pro- ation of the Altmeyer Building, located at sign and review cost of $94,000 and manage- spectus for which is attached to, and in- the Social Security. Administration’s Head- ment and inspection cost of $73,000 for a com- cluded in, this resolution. quarters Campus, in Woodlawn, Maryland, at bined estimated total project cost of an estimated construction cost of $5,250,000, $2,505,000, a prospectus for which is attached ALTERATION—POST OFFICE-COURTHOUSE, HOT design and review cost of $525,000 and man- to, and included in, this resolution. SPRINGS, AR agement and inspection cost of $525,000 for a combined estimated total project cost of Resolved by the Committee on Transportation ALTERATION—JOSEPH P. ADDABBO FEDERAL $12,600,000 (includes authorization for and Infrastructure of the U.S. House of Rep- BUILDING, JAMAICA, NY $6,300,000 to be contributed by the Social Se- resentatives, That pursuant to 40 U.S.C. § 3307, curity Administration), a prospectus for Resolved by the Committee on Transportation appropriations are authorized for the alter- which is attached to, and included in, this and Infrastructure of the U.S. House of Rep- ation of the Post Office-Courthouse located resolution. resentatives, That pursuant to 40 U.S.C. § 3307, at Broadway and Reserve Streets, in Hot appropriations are authorized for the alter- Springs, Arkansas, at an estimated construc- ALTERATION—WARREN E. BURGER FEDERAL ation of the Joseph P. Addabbo Federal tion cost of $3,545,000, design and review cost BUILDING AND UNITED STATES COURTHOUSE, Building located at One Jamaica Center of $180,000 and management and inspection ST. PAUL, MN Plaza, in Jamaica, New York, at an esti- cost of $248,000 for a combined estimated mated construction cost of $4,896,000, design total project cost of $3,973,000, a prospectus Resolved by the Committee on Transportation and review cost of $353,000 and management for which is attached to, and included in, and Infrastructure of the U.S. House of Rep- and inspection cost of $206,000 for a combined this resolution. resentatives, That pursuant to 40 U.S.C. § 3307, estimated total project cost of $5,455,000, a appropriations are authorized for the alter- prospectus for which is attached to, and in- ation of the Warren. E. Burger Federal ALTERATION—PAGE BELCHER FEDERAL cluded in, this resolution. Building and United States Courthouse, in BUILDING, TULSA, OK St. Paul, Minnesota, at an estimated con- Resolved by the Committee on Transportation struction cost of $33,745,000 and management ALTERATION—GEORGE H. FALLON FEDERAL and Infrastructure of the U.S. House of Rep- and inspection cost of $2,899,000 for a com- BUILDING, BALTIMORE, MD resentatives, That pursuant to 40 U.S.C. § 3307, bined estimated total project cost of Resolved by the Committee on Transportation appropriations are authorized for the alter- $39,235,000 (design and review cost of and Infrastructure of the U.S. House of Rep- ation of the Page Belcher Federal Building, $2,591,000 was previously authorized), a pro- resentatives, That pursuant to 40 U.S.C. § 3307, in Tulsa, Oklahoma, at an estimated con- spectus for which is attached to, and in- appropriations are authorized for the alter- struction cost of $3,100,000, design and review cluded in, this resolution. ation of the George H. Fallon Federal Build- cost of $175,000 and management and inspec- ing located at 31 Hopkins Street, in Balti- tion cost of $115,000 for a combined estimated AMENDED PROSPECTUS—ALTERATION—BAN- more, Maryland, at an estimated construc- total project cost of $3,390,000; a prospectus NISTER FEDERAL COMPLEX, BUILDING 2, tion cost of $42,473,000, additional design and for which is attached to, and included in, KANSAS CITY, MO review cost of $1,079,000, and management this resolution. Resolved by the Committee on Transportation and inspection cost of $2,611,000 for a com- and Infrastructure of the U.S. House of Rep- bined estimated total project cost of DESIGN—VARIOUS LOCATIONS resentatives, That pursuant to 40 U.S.C. § 3307, $49,737,000 (design and review cost of Resolved by the Committee on Transportation appropriations are authorized for the alter- $3,574,000 was previously authorized), a pro- and Infrastructure of the U.S. House of Rep- ation of the Bannister Federal Complex, spectus for which is attached to, and in- resentatives, That pursuant to 40 U.S.C. § 3307, Building 2, in Kansas City, Missouri, at an cluded in, this resolution. appropriations are authorized for the design additional estimated design/build cost of of projects scheduled for the Robert S. Vance $3,384,000 (estimated design/build cost of ALTERATION—POTTER STEWART UNITED Federal Building and United States Court- $2,641,000 was previously authorized), addi- STATES COURTHOUSE, CINCINNATI, OH house, located in Birmingham, Alabama, at a tional design and review cost of $221,000 (de- Resolved by the Committee on Transportation design cost of $1,739,000; Lafayette Building, sign and review cost of $243,000 was pre- and Infrastructure of the U.S. House of Rep- located in Washington, D.C., at a design cost viously authorized), and additional manage- resentatives, That pursuant to 40 U.S.C. § 3307, of $8,470,000; Eisenhower Executive Office ment and inspection cost of $113,000 (manage- appropriations are authorized for the alter- Building, located in Washington, D.C., at a ment and inspection cost of $264,000 was pre- ation of the Potter Stewart United States design cost of $4,788,000; Everett McKinley viously authorized) for a combined estimated Courthouse located at 100 East Fifth Street, Dirksen United States Courthouse, located total project cost of $6,866,000, a prospectus in Cincinnati, Ohio, at an estimated con- in Chicago, Illinois, at a design cost of for which is attached to, and included in, struction cost of $32,228,000, design and re- $8,152,000; Birch Bayh Federal Building and

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United States Courthouse, located in Indian- resentatives, That pursuant to title 40 U.S.C. LEASE—SURFACE TRANSPORTATION BOARD, apolis, Indiana, at a design cost of $2,413,000; § 3307, appropriations are authorized to lease 1925 K STREET, NW, WASHINGTON, DC Peter W. Rodino Federal Building, located in up to approximately 182,264 rentable square Resolved by the Committee on Transportation Newark, New Jersey at a design cost of feet of space and 173 parking spaces for the and Infrastructure of the U.S. House of Rep- $4,700,000; Thurgood Marshall United States Department of Justice currently located in resentatives, That pursuant to title 40 U.S.C. Courthouse, located in New York City, New leased space at 1100 L Street, NW, in Wash- § 3307, appropriations are authorized to lease York at a design cost of $13,500,000; and the ington, DC, at a proposed total annual cost up to approximately 74,870 rentable square John W. Peck Federal Building, located in of $8,201,880 for a lease term of 10 years, ’a feet of space and 2 parking spaces for the Cincinnati, Ohio, at a design cost of prospectus for which is attached to and in- Surface Transportation Board currently lo- $2,587,000, for a total design cost of cluded in this resolution. cated in leased space at 1925 K Street, NW, in $46,349,000, for which a prospectus is attached Approval of this prospectus constitutes au- Washington, DC, at a proposed total annual to, and included in, this resolution. thority to execute an interim lease for all cost of $3,369,150 for a lease term of 10 years, tenants, if necessary, prior to execution of a prospectus for which is attached to and in- LEASE—BUREAU OF LAND MANAGEMENT, 1620 the new lease. cluded in this resolution. L STREET, NW, WASHINGTON, DC Provided, That the General Services Ad- Approval of this prospectus constitutes au- Resolved by the Committee on Transportation ministration shall not delegate to any other thority to execute an interim lease for all and Infrastructure of the U.S. House of Rep- agency the authority granted by this resolu- tenants, if necessary, prior to execution of resentatives, That pursuant to title 40 U.S.C. tion. the new lease. § 3307, appropriations are authorized to lease Provided, That the General Services Ad- ministration shall not delegate to any other up to approximately 74,698 rentable square LEASE—DEPARTMENT OF JUSTICE, 1400 NEW agency the authority granted by this resolu- feet of space for the Bureau of Land Manage- YORK AVENUE, NW, WASHINGTON, DC tion. ment currently located in leased space at Resolved by the Committee on Transportation 1620 L Street, NW, in Washington, DC, at a and Infrastructure of the U.S. House of Rep- LEASE—DEPARTMENT OF EDUCATION, 111 proposed total annual cost of $3,361,410 for a resentatives, That pursuant to title 40 U.S.C. NORTH CANAL STREET, CHICAGO, IL lease term of 10 years, a prospectus for which § 3307, appropriations are authorized to lease is attached to and included in this resolu- Resolved by the Committee on Transportation up to approximately 163,664 rentable square and Infrastructure of the U.S. House of Rep- tion. feet of space and 79 parking spaces for the Approval of this prospectus constitutes au- resentatives, That pursuant to title 40 U.S.C. Department of Justice currently located in § 3307, appropriations are authorized to lease thority to execute an interim lease for all leased space at 1400 New York Avenue, NW, tenants, if necessary, prior to execution of up to approximately 91,141 rentable square in Washington, DC, at a proposed total an- feet of space and 8 parking spaces for the De- the new lease. nual cost of $7,364,880 for a lease term of 10 Provided, That the General Services Ad- partment of Education currently located in years a prospectus for which is attached to leased space at 111 North Canal Street, in ministration shall not delegate to any other and included in this resolution. agency the authority granted by this resolu- Chicago, Illinois, at a proposed total annual Approval of this prospectus constitutes au- tion. cost of $3,554,499 for a lease term of 10 years, thority to execute an interim lease for all a prospectus for which is attached to and in- tenants, if necessary, prior to execution of LEASE—DEPARTMENT OF EDUCATION, 555 NEW cluded in this resolution. the new lease. JERSEY AVENUE, SW, WASHINGTON, DC Approval of this prospectus constitutes au- Provided, That the General Services Ad- thority to execute an interim lease for all Resolved by the Committee on Transportation ministration shall not delegate to any other tenants, if necessary, prior to execution of and Infrastructure of the U.S. House of Rep- agency the authority granted by this resolu- the new lease. resentatives, That pursuant to title 40 U.S.C. tion. Provided, That the General Services Ad- § 3307, appropriations are authorized to lease ministration shall not delegate to any other up to approximately 82,191 rentable square LEASE—DEPARTMENT OF JUSTICE, VARIOUS agency the authority granted by this resolu- feet of space for the Department of Edu- LOCATIONS, WASHINGTON, DC tion. cation currently located in leased space at Resolved by the Committee on Transportation 555 New Jersey Avenue, SW, in Washington, LEASE—DEPARTMENT OF DEFENSE, 1931 JEF- and Infrastructure of the U.S. House of Rep- DC, at a proposed total annual cost of FERSON DAVIS HIGHWAY, ARLINGTON, VIR- resentatives, That pursuant to title 40 U.S.C. $3,698,595 for a lease term of 5 years, a pro- GINIA spectus for which is attached to and included § 3307, appropriations are authorized to lease up to approximately 496,571 rentable square Resolved by the Committee on Transportation in this resolution. and Infrastructure of the U.S. House of Rep- Approval of this prospectus constitutes au- feet of space for the Department of Justice resentatives, That pursuant to title 40 U.S.C. thority to execute an interim lease for all currently located in various leased locations § 3307, appropriations are authorized to lease tenants, if necessary, prior to execution of in Washington, DC, at a proposed total an- up to approximately 372,826 rentable square the new lease. nual cost of $22,345,695 for a lease term of 15 feet of space for the Department of Defense Provided, That the General Services Ad- years, a prospectus for which is attached to currently located in leased space at 1931 Jef- ministration shall not delegate to any other and included in this resolution. ferson Davis Highway, in Arlington, Vir- agency the authority granted by this resolu- Approval of this prospectus constitutes au- ginia, at a proposed total annual cost of tion. thority to execute an interim lease for all tenants, if necessary, prior to execution of $12,676,084 for a lease term of 10 years, a prospectus for which is attached to and included LEASE—DEPARTMENT OF HOMELAND SECU- the new lease. in this resolution. RITY, 425 EYE STREET, NW, WASHINGTON, Provided, That the General Services Ad- Approval of this prospectus constitutes au- DC ministration shall not delegate to any other thority to execute an interim lease for all Resolved by the Committee on Transportation agency the authority granted by this resolution. tenants, if necessary, prior to execution of and Infrastructure of the U.S. House of Rep- the new lease. resentatives, That pursuant to title 40 U.S.C. Provided, That the General Services Ad- § 3307, appropriations are authorized to lease LEASE—INTERNAL REVENUE SERVICE, 950 ministration shall not delegate to any other up to approximately 403,847 rentable square L’ENFANT PLAZA, SW, WASHINGTON, DC agency the authority granted by this resolu- feet of space for the Department of Home- Resolved by the Committee on Transportation tion. land Security currently located in leased and Infrastructure of the U.S. House of Rep- space at 425 Eye Street, NW, in Washington, resentatives, That pursuant to title 40 U.S.C. LEASE—DEPARTMENT OF JUSTICE, BUREAU OF DC, at a proposed total annual cost of § 3307, appropriations are authorized to lease PRISONS, 500 1ST STREET, NW, WASHINGTON, $18,173,115 for a lease term of 10 years, a pro- up to approximately 110,570 rentable square DC spectus for which is attached to and included feet of space for the Internal Revenue Serv- Resolved by the Committee on Transportation in this resolution. ice currently located in leased space at 950 and Infrastructure of the U.S. House of Rep- Approval of this prospectus constitutes au- L’Enfant Plaza, SW, in Washington, DC, at a resentatives, That pursuant to title 40 U.S.C. thority to execute an interim lease for all proposed total annual cost of $4,975,650 for a § 3307, appropriations are authorized to lease tenants, if necessary, prior to execution of lease term of 10 years, a prospectus for which up to approximately 112,970 rentable square the new lease. is attached to and included in this resolu- feet of space and 133 parking spaces for the Provided, That the General Services Ad- tion. Department of Justice, Bureau of Prisons ministration shall not delegate to any other Approval of this prospectus constitutes au- currently located in leased space at 500 1st agency the authority granted by this resolu- thority to execute an interim lease for all Street, NW, in Washington, DC, at a pro- tion. tenants, if necessary, prior to execution of posed total annual cost of $5,383,650 for a the new lease. lease term of 10 years, a prospectus for which LEASE—DEPARTMENT OF JUSTICE, 1100 L Provided, That the General Services Ad- is attached to and included in this resolu- STREET, NW, WASHINGTON, DC ministration shall not delegate to any other tion. Resolved by the Committee on Transportation agency the authority granted by this resolu- Approval of this prospectus constitutes au- and Infrastructure of the U.S. House of Rep- tion. thority to execute an interim lease for all

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tenants, if necessary, prior to execution of feet of space and 52 parking spaces for the ADDITIONAL SITE AND DESIGN—UNITED the new lease. Department of Defense, currently located in STATES COURTHOUSE ANNEX, SAN DIEGO, CA Provided, That the General Services Ad- leased space at 2511 Jefferson Davis Highway, Resolved by the Committee on Transportation ministration shall not delegate to any other in Arlington, Virginia, at a proposed total and Infrastructure of the U.S. House of Rep- agency the authority granted by this resolu- annual cost of $12,847,988 for a lease term of resentatives, That pursuant to 40 U.S.C. 3307, tion. 10 years, a prospectus for which is attached appropriations are authorized for additional to and included in this resolution. site and additional design of a 614,394 gross LEASE—EXECUTIVE OFFICE OF IMMIGRATION Approval of this prospectus constitutes au- square foot facility including 105 inside park- REVIEW, DEPARTMENT OF HOMELAND SECU- thority to execute an interim lease for all ing spaces, located in San Diego, California, RITY, MIAMI, FL tenants, if necessary, prior to execution of at an additional site cost of $2,516,000 (site Resolved by the Committee on Transportation the new lease. cost of $29,400,000 was previously authorized) and Infrastructure of the U.S. House of Rep- and additional design cost of $552,000 (design resentatives, That pursuant to title 40 U.S.C. LEASE—BUREAU OF PUBLIC DEBT, cost of $11,441,000 was previously authorized), 3307, appropriations are authorized to lease PARKERSBURG, WV a prospectus for which is attached to, and in- up to approximately 127,211 rentable square cluded in, this resolution. feet of space and 32 parking spaces for the Resolved by the Committee on Transportation Provided, That any design shall, to the Executive Office of Immigration Review and and Infrastructure of the U.S. House of Rep- maximum extent possible incorporate shared Department of Homeland Security, Office of resentatives, That pursuant to title 40 U.S.C. or collegial space, consistent with efficient the Chief Counsel currently located in var- 3307, appropriations are authorized to lease court operations that will minimize the size ious leased locations, in Miami, Florida, at a up to approximately 182,499 rentable square and cost of the building to be constructed. proposed total annual cost of $3,802,211 for a feet of space for the Bureau of Public Debt Provided further, That any design shall in- lease term of 15 years, a prospectus for which currently located in leased space in Parkers- corporate changes in the 1997 United States is attached to and included in this resolu- burg, West Virginia, at a proposed total an- Courts Design Guide, including the imple- tion. nual cost of $4,927,473 for a lease term of 15 mentation of a policy on shared courtrooms. Approval of this prospectus constitutes au- years, a prospectus for which is attached to thority to execute an interim lease for all and included in this resolution. BUILDING PURCHASE AND SITE ACQUISITION—10 tenants, if necessary, prior to execution of Approval of this prospectus constitutes au- WEST JACKSON BOULEVARD, CHICAGO, IL the new lease. thority to execute an interim lease for all Resolved by the Committee on Transportation Provided, That the General Services Ad- tenants, if necessary, prior to execution of and Infrastructure of the U.S. House of Rep- ministration shall not delegate to any other the new lease. resentatives, That pursuant to 40 U.S.C. 3307, agency the authority granted by this resolu- Provided, That the General Services Ad- appropriations are authorized for acquisition tion. ministration shall not delegate to any other of the building located at 10 West Jackson agency the authority granted by this resolu- Boulevard and other proximate parcels adja- LEASE—UNITED STATES COURTS, NEW YORK tion. cent to the Everett M. Dirksen Courthouse, CITY, NY located in Chicago, Illinois, at an estimated Resolved by the Committee on Transportation DESIGN—FEDERAL BUREAU OF INVESTIGATION, total project cost of $53,170,000, a prospectus and Infrastrcucture of the U.S. House of Rep- 1100 WILSHIRE BOULEVARD, LOS ANGELES, CA for which is attached to, and included in, resentatives, That pursuant to title 40 U.S.C. Resolved by the Committee on Transportation this resolution. § 3307, appropriations are authorized to lease and Infrastructure of the U.S. House of Rep- SITE ACQUISITION AND DESIGN—UNITED up to approximately 205,500 rentable square resentatives, That pursuant to 40 U.S.C. 3307, STATES BORDER STATION, CALAIS, ME feet of space for the United States Courts appropriations are authorized for design of a currently located in government owned 1,357,000 gross square foot facility including Resolved by the Committee on Transportation space, at a proposed total annual cost of secure structured parking for 1,200 vehicles, and Infrastructure of the U.S. House of Rep- $10,994,250 for a lease term of 10 years, a pro- located in Los Angeles, California, at a de- resentatives, That pursuant to 40 U.S.C. 3307, spectus for which is attached to and included sign cost of $14,054,000, a prospectus for appropriations are authorized for site acqui- in this resolution. which is attached to, and included in, this sition and design of a 95,239 gross square foot Approval of this prospectus constitutes au- resolution. facility including 14 inside and 122 outside thority to execute an interim lease for all parking spaces, located in Calais, Maine, at a tenants, if necessary, prior to execution of site acquisition cost of $332,000 and design ADDITIONAL DESIGN AND CONSTRUCTION— the new lease. and review cost of $2,937,000, a prospectus for Provided, That the General Services Ad- UNITED STATES COURTHOUSE, LOS ANGELES, which is attached to, and included in, this ministration shall not delegate to any other CA resolution. agency the authority granted by this resolu- Resolved by the Committee on Transportation tion. and Infrastructure of the U.S. House of Rep- SITE ACQUISITION AND DESIGN—UNITED resentatives, That pursuant to 40 U.S.C. 3307, STATES BORDER STATION, MADAWASKA, ME LEASE—DEPARTMENT OF HOMELAND SECURIT, appropriations of $364,384,000 are authorized Resolved by the Committee on Transportation FREDERICK COUNTY, VA for construction of a 1,016,300 gross square and Infrastructure of the U.S. House of Rep- Resolved by the Committee on foot United States Courthouse including 150 resentatives, That pursuant to 40 U.S.C. 3307, Transportationand and Infrastructure of the inside parking spaces, located in Los Ange- appropriations are authorized for site acqui- U.S. House of Representatives, That pursuant les, California, including additional design sition and design of a 17,504 gross square foot to title 40 U.S.C. 3307, appropriations are au- cost of $4,340,000, management and inspec- facility including 4 inside and 31 outside thorized to lease up to approximately 155,864 tion cost of $11,936,000, and estimated con- parking spaces, located in Madawaska, rentable square feet of space and 734 parking struction cost of $348,109,000, for an esti- Maine, at a site acquisition cost of $500,000 spaces for the Department of Homeland Se- mated total project cost of $399,635,000 (site and design and review cost of $1,260,000, a curity, currently located in government cost of $20,600,000 and design cost of prospectus for which is attached to, and in- owned space at the Mount Weather Emer- $14,650,000 were previously authorized), a pro- cluded in, this resolution. gency Operations Center in Clarke County, spectus for which is attached to, and in- Virginia, at a proposed total annual cost of cluded in, this resolution. SITE ACQUISITION AND DESIGN—UNITED $3,740,736 for a lease term of 15 years, a pro- Provided, That any design shall, to the STATES BORDER STATION, WARROAD, MN spectus for which is attached to and included maximum extent possible incorporate shared Resolved by the Committee on Transportation in this resolution. or collegial space, consistent with efficient and Infrastructure of the U.S. House of Rep- Approval of this prospectus constitutes au- court operations that will minimize the size resentatives, That pursuant to 40 U.S.C. § 3307, thority to execute an interim lease for all and cost of the building to be constructed. appropriations are authorized for site acqui- tenants, if necessary, prior to execution of Provided further, That any design shall in- sition and design of a 34,785 gross square foot the new lease. corporate changes in the 1997 United States facility including 5 inside and 37 outside Provided, That the General Services Ad- Courts Design Guide, including the imple- parking spaces, located in Warroad, Min- ministration shall not delegate to any other mentation of a policy on shared courtrooms. nesota, at a site acquisition cost of $300,000 agency the authority granted by this resolu- Provided further, That the Committee ex- and design and review cost of $1,537,000, a tion. pects the General Services Administration, prospectus for which is attached to, and in- in consultation with the Administrative Of- cluded in, this resolution. LEASE—DEPARTMENT OF DEFENSE, 2511 fice of the United States Courts, to design JEFFERSON DAVIS HIGHWAY, ARLINGTON, VA for, and configure for maximum utilization, SITE ACQUISITION AND DESIGN—UNITED Resolved by the Committee on Transportation a courtroom sharing model for the courts in STATES BORDER STATION, ALEXANDRIA BAY, and Infrastructure of the U.S. House of Rep- Los Angeles, California, ensuring, to the NY resentatives, That pursuant to title 40 U.S.C. maximum extent practicable, continued use Resolved by the Committee on Transportation 3307, appropriations are authorized to lease of all existing courtrooms in the Roybal Fed- and Infrastructure of the U.S. House of Rep- up to approximately 377,882 rentable square eral Building for judicial proceedings. resentatives, That pursuant to 40 U.S.C. § 3307,

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appropriations are authorized for site acqui- (design cost of $2,200,000 was previously au- ADDITIONAL DESIGN—UNITED STATES sition and design of a 131,520 gross square thorized), management and inspection cost COURTHOUSE, CEDAR RAPIDS, IA foot facility and 203 parking spaces, located of $3,019,000 and estimated construction cost Resolved by the Committee on Transportation in Alexandria Bay, New York, at a site ac- of $22,512,000 for an estimated total project and Infrastructure of the U.S. House of Rep- quisition cost of $200,000 and design and re- cost of $28,391,000, a prospectus for which is resentatives, That pursuant to 40 U.S.C. § 3307, view cost of $8,684,000, a prospectus for which attached to, and included in, this resolution. additional appropriations are authorized for is attached to, and included in, this resolu- construction of a 300,388 gross square foot tion. ADDITIONAL SITE AND DESIGN AND CONSTRUC- United States Courthouse including 40 inside TION—UNITED STATES COURTHOUSE, EL parking spaces, located in Cedar Rapids, AMENDED CONSTRUCTION—UNITED STATES PASO, TX Iowa, at an additional design cost of BORDER STATION, MASSENA, NY Resolved by the Committee on Transportation $1,541,000 (design cost of $5,167,000 was pre- Resolved by the Committee on Transportation and Infrastructure of the U.S. House of Rep- viously authorized), a prospectus for which is and Infrastructure of the U.S. House of Rep- resentatives, That pursuant to 40 U.S.C. § 3307, attached to, and included in, this resolution. resentatives, That pursuant to 40 U.S.C. § 3307, additional appropriations of $7,577,000 are au- Provided, That any design shall, to the additional appropriations are authorized for thorized for construction of a 239,600 gross maximum extent possible incorporate shared construction of a 58,950 gross square foot fa- square foot United States Courthouse includ- or collegial space, consistent with efficient cility and 170 parking spaces, located in ing 60 inside parking spaces, located in El court operations that will minimize the size Massena, New York, at an additional site ac- Paso, Texas, including additional site cost of and cost of the building to be constructed. quisition cost of $432,000 (site acquisition $1,500,000, additional design cost of $1,214,000, Provided further, That any design shall in- cost of $100,000 was previously authorized), additional estimated construction cost of corporate changes in the 1997 United States additional design and review cost of $2,832,000 $379,000, and management and inspection Courts Design Guide, including the imple- (design and review cost of $1,546,000 was pre- cost of $4,484,000, for an estimated total mentation of a policy on shared courtrooms. project cost of $74,655,000, a prospectus for viously authorized), management and inspec- which is attached to, and included in, this tion cost of $5,040,000, and estimated con- AMENDED PROSPECTUS—UNITED STATES resolution. This resolution is in addition to struction cost of $48,938,000 for an estimated COURTHOUSE, HARRISBURG, PA Committee resolutions that authorized total project cost of $58,888,000, a prospectus Resolved by the Committee on Transportation $8,473,000 for site and design of a 221,613 gross for which is attached to, and included in, and Infrastructure of the U.S. House of Rep- square foot Courthouse, including 60 inside this resolution. This resolution amends a resentatives, That pursuant to 40 U.S.C. § 3307, parking spaces on July 26, 2000; $2,720,000 for Committee resolution dated June 26, 2002. appropriations are authorized for site acqui- additional site and design of a 221,613 gross sition and design of a 262,970 gross square square foot Courthouse, including 60 inside SITE ACQUISITION AND DESIGN—UNITED foot United States Courthouse including 40 parking spaces on July 18, 2001; and $1,673,000 STATES BORDER STATION, DUNSEITH, ND inside parking spaces, located in Harrisburg, for additional site and design, $4,285,000 for Pennsylvania, within a delineated area ex- Resolved by the Committee on Transportation management and inspection, and $49,927,000 panded from the Central Business District of and Infrastructure of the U.S. House of Rep- for estimated construction cost of a 231,945 Harrisburg to the City of Harrisburg, a pro- resentatives, That pursuant to 40 U.S.C. § 3307, gross square foot Courthouse, including 60 spectus for which is attached to, and in- appropriations are authorized for site acqui- inside parking spaces, on July 23, 2003. sition and design of a 58,672 gross square foot Provided, That any design shall, to the cluded in, this resolution. This resolution facility including 4 inside and 29 outside maximum extent possible incorporate shared amends Committee resolutions dated July parking spaces, located in Dunseith, North or collegial space, consistent with efficient 24, 2002 and July 23, 2003 that authorized ap- Dakota, at a site acquisition cost of $300,000 court operations that will minimize the size propriations for a Courthouse located within and design and review cost of $2,001,000, a and cost of the building to be constructed. the Central Business District. prospectus for which is attached to, and in- Provided further, That any design shall in- Provided, That any design shall, to the cluded in, this resolution. corporate changes in the 1997 United States maximum extent possible incorporate shared Courts Design Guide, including the imple- or collegial space, consistent with efficient court operations that will minimize the size CONSTRUCTION—UNITED STATES BORDER mentation of a policy on shared courtrooms. and cost of the building to be constructed. STATION, PORTAL, ND SITE ACQUISITION AND DESIGN—UNITED Provided further, That any design shall in- Resolved by the Committee on Transportation STATES BORDER STATION, RICHFORD, VT corporate changes in the 1997 United States and Infrastructure of the U.S. House of Rep- Resolved by the Committee on Transportation Courts Design Guide, including the imple- resentatives, That pursuant to 40 U.S.C. § 3307, mentation of a policy on shared courtrooms. appropriations are authorized for construc- and Infrastructure of the U.S. House of Rep- tion of a 72,125 gross square foot facility in- resentatives, That pursuant to 40 U.S.C. § 3307, appropriations are authorized for site acqui- ADDITIONAL SITE AND DESIGN—UNITED cluding 22 inside and 90 outside parking sition and design of a 25,927 gross square foot STATES COURTHOUSE, JACKSON, MS spaces, located in Portal, North Dakota, at facility including 5 inside and 33 outside Resolved by the Committee on Transportation an additional site acquisition cost of $200,000 parking spaces, located in Richford, and Infrastructure of the U.S. House of Rep- (site acquisition cost of $800,000 was pre- Vermont, at a site acquisition cost of $589,000 resentatives, That pursuant to 40 U.S.C. § 3307, viously authorized), additional design and re- and design and review cost of $956,000, a pro- additional appropriations are authorized for view cost of $552,000 (design and review cost spectus for which is attached to, and in- construction of a 430,293 gross square foot of $1,401,000 was previously authorized), man- cluded in, this resolution. United States Courthouse including 79 inside agement and inspection cost of $1,575,000, and parking spaces, located in Jackson, Mis- estimated construction cost of $20,024,000 for SITE ACQUISITION AND DESIGN—UNITED sissippi, at an additional site cost of $210,000 an estimated total project cost of $24,552,000, STATES BORDER STATION, NORTON, VT and additional design cost of $2,216,000 (site a prospectus for which is attached to, and in- Resolved by the Committee on Transportation cost of $6,500,000 and design cost of $6,731,000 cluded in, this resolution. and Infrastructure of the U.S. House of Rep- were previously authorized), a prospectus for resentatives, That pursuant to 40 U.S.C. § 3307, which is attached to, and included in, this DESIGN—YSLETA BORDER STATION, EL PASO, appropriations are authorized for site acqui- resolution. TX sition and design of a 29,925 gross square foot Provided, That any design shall, to the Resolved by the Committee on Transportation facility including 4 inside and 44 outside maximum extent possible incorporate shared and Infrastructure of the U.S. House of Rep- parking spaces, located in Norton, Vermont, or collegial space, consistent with efficient resentatives, That pursuant to 40 U.S.C. § 3307, at a site acquisition cost of $580,000 and de- court operations that will minimize the size appropriations are authorized for design of sign and review cost of $1,167,000, a pro- and cost of the building to be constructed. the Ysleta Border Station, a 201,093 gross spectus for which is attached to, and in- Provided further, That any design shall in- square foot facility and 412 outside parking cluded in, this resolution. corporate changes in the 1997 United States spaces, located in El Paso, Texas, at a design Courts Design Guide, including the imple- cost of $2,491,000, a prospectus for which is SITE ACQUISITION AND DESIGN—UNITED mentation of a policy on shared courtrooms. attached to, and included in, this resolution. STATES BORDER STATION, DERBY LINE, VT Resolved by the Committee on Transportation ADDITIONAL SITE AND DESIGN—UNITED CONSTRUCTION—PASO DEL NORTE BORDER and Infrastructure of the U.S. House of Rep- STATES COURTHOUSE, NASHVILLE, TN STATION, EL PASO, TX resentatives, That pursuant to 40 U.S.C. § 3307, Resolved by the Committee on Transportation Resolved by the Committee on Transportation appropriations are authorized for site acqui- and Infrastructure of the U.S. House of Rep- and Infrastructure of the U.S. House of Rep- sition and design of a 43,809 gross square foot resentatives, That pursuant to 40 U.S.C. § 3307, resentatives, That pursuant to 40 U.S.C. § 3307, facility including 5 inside and 67 outside additional appropriations are authorized for appropriations are authorized for construc- parking spaces, located in Derby Line, construction of a 378,307 gross square foot tion of the Paso Del Norte Border Station, a Vermont, at a site acquisition cost of United States Courthouse including 55 inside 148,800 gross square foot facility and 372 out- $1,253,000 and design and review cost of parking spaces, located in Nashville, Ten- side parking spaces, located in El Paso, $2,095,000, a prospectus for which is attached nessee, at an additional site cost of $5,399,000 Texas, at an additional design cost of $660,000 to, and included in, this resolution. and additional design cost of $1,614,000 (site

VerDate Aug 04 2004 04:00 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.023 H07PT1 H6716 CONGRESSIONAL RECORD — HOUSE September 7, 2004 cost of $13,601,000 and design cost of $7,095,000 Courts Design Guide, including the imple- tax bracket will shrink, representing a were previously authorized), a prospectus for mentation of a policy on shared courtrooms. massive tax hike targeted directly at which is attached to, and included in, this There was no objection. married couples, parents and working resolution. Provided, That any design shall, to the f families, just in time for the holidays; and we will not let that happen. maximum extent possible incorporate shared REPORT ON H.R. 5006, DEPART- Over the last 2 years, the economy or collegial space, consistent with efficient MENTS OF LABOR, HEALTH AND court operations that will minimize the size has rebounded from recession, cor- HUMAN SERVICES, AND EDU- and cost of the building to be constructed. porate scandals and terrorism; 144,000 CATION, AND RELATED AGEN- Provided further, That any design shall in- more new jobs were created just last CIES APPROPRIATIONS ACT, 2005 corporate changes in the 1997 United States month, 1.7 million more since last Au- Courts Design Guide, including the imple- Mr. YOUNG of Florida, from the Com- gust. mentation of a policy on shared courtrooms. mittee on Appropriations, submitted a b 1415 ADDITIONAL SITE AND DESIGN—UNITED privileged report (Rept. No. 108–636) on STATES COURTHOUSE, AUSTIN, TX the bill (H.R. 5006) making appropria- Congress did not create this growth; Resolved by the Committee on Transportation tions for the Departments of Labor, the American people did. Our job now, and Infrastructure of the U.S. House of Rep- Health and Human Services, and Edu- as they build our economy to ever resentatives, That pursuant to 40 U.S.C. § 3307, cation, and related agencies for the fis- loftier heights, is to stay out of their additional appropriations are authorized for cal year ending September 30, 2005, and way and not spend too much of their construction of a 229,483 gross square foot for other purposes, which was referred money while we are at it. United States Courthouse including 65 park- to the Union Calendar and ordered to Toward that end, this week, the ing spaces, located in Austin, Texas, at an House will continue to work on Federal additional site cost of $3,000,000 and addi- be printed. tional design cost of $759,000 (site cost of The SPEAKER pro tempore. Pursu- spending bills for 2005, according to the $9,000,000 and design cost of $4,809,000 were ant to clause 1, rule XXI, all points of common-sense budget that the House previously authorized), a prospectus for order are reserved on the bill. passed this spring. which is attached to, and included in, this f Our goals for the next several weeks resolution. are clear, and as far as our Nation has Provided, That any design shall, to the THE HOME-STRETCH AGENDA come in these last 2 years, we owe it to maximum extent possible incorporate shared (Mr. DELAY asked and was given per- the American people to work as they or collegial space, consistent with efficient mission to address the House for 1 court operations that will minimize the size have to protect our homeland, our and cost of the building to be constructed. minute and to revise and extend his re- economy, and our families. Provided further, That any design shall in- marks.) f corporate changes in the 1997 United States Mr. DELAY. Mr. Speaker, as we re- Courts Design Guide, including the imple- turn this week for the home stretch of HIKE IN MEDICARE PREMIUMS mentation of a policy on shared courtrooms. the 108th Congress, it bears repeating (Mr. PALLONE asked and was given that our focus for the remainder of this permission to address the House for 1 SITE—UNITED STATES COURTHOUSE, SAN ANTONIO, TX legislative session will be the same minute and to revise and extend his re- Resolved by the Committee on Transportation focus we have had for the last 2 years: marks.) and Infrastructure of the U.S. House of Rep- growing our economy, defending our Mr. PALLONE. Mr. Speaker, last resentatives, That pursuant to 40 U.S.C. § 3307, national security, and protecting the Thursday, President Bush promised in appropriations are authorized for site acqui- American family. his convention acceptance speech to sition for a 377,691 gross square foot United The first order of business will be re- honor America’s seniors by giving States Courthouse including 37 inside park- forming the way that we secure our them immediate help. The very next ing spaces, located in San Antonio, Texas, at homeland in the wake of the 9/11 Com- day, his administration announced the a site acquisition cost of $18,000,000, a pro- mission’s investigation. When the com- largest Medicare premium increase in spectus for which is attached to, and included in, this resolution. mission released its report, many the program’s history. Provided, That any design shall, to the rushed to either condemn or rubber This year most Medicare bene- maximum extent possible incorporate shared stamp its conclusions, but we in the ficiaries paid $66 a month for physician or collegial space, consistent with efficient majority took a very novel approach: services. Thanks to the President’s ac- court operations that will minimize the size we actually read them. Six committees tion, these monthly premiums will rise and cost of the building to be constructed. held more than 20 hearings on the re- more than 17 percent, forcing seniors Provided further, That any design shall in- port’s findings and are now in the proc- corporate changes in the 1997 United States with tight incomes to fork over about Courts Design Guide, including the imple- ess of developing a comprehensive 9/11 $78 per month. mentation of a policy on shared courtrooms. Commission Implementation Act. Now, President Bush tried to blame Considering the opportunity that the the premium hike on rising health care ADDITIONAL CONSTRUCTION—UNITED STATES 9/11 Commission has given us, Congress costs, but he ignores the fact that the COURTHOUSE, RICHMOND, VA cannot in good conscience satisfy itself Medicare bill he and Republicans Resolved by the Committee on Transportation with a watered-down, politically-con- fought so hard to make law is also re- and Infrastructure of the U.S. House of Rep- venient bill that just Scotch-tapes over sponsible for these record increases. resentatives, That pursuant to 40 U.S.C. § 3307, a few vulnerabilities. additional appropriations of $7,403,000 are au- That is because the law gives insurers thorized for construction of a 346,000 gross We are the first Congress elected billions of dollars as an enticement to square foot United States Courthouse includ- after 9/11, and we were elected specifi- keep seniors on their rolls. ing 64 inside parking spaces, located in Rich- cally to make the difficult, but nec- Seniors deserve better than the mond, Virginia, including additional design essary, choices to protect our constitu- treatment they are receiving from cost of $516,000, additional management and ents. That is exactly what a com- President Bush and congressional Re- inspection cost of $295,000, and additional es- prehensive 9/11 Commission Implemen- publicans. Democrats continue to sup- timated construction cost of $6,592,000, for an tation Act will force us to do, and I port a prescription drug law that would estimated total project cost of $102,476,000 hope everyone on both sides of the aisle (site cost of $13,054,000, design cost of provide meaningful assistance without $5,490,000, construction cost of $71,722,000, and will rise to the occasion and support its forcing up Medicare premiums. management and inspection cost of $4,807,000 passage. f were previously authorized), a prospectus for Secondly, Mr. Speaker, Congress can- which is attached to, and included in, this not adjourn before we finish our work HONORING SECOND LIEUTENANT resolution. protecting American families from the JAMES MICHAEL GOINS Provided, That any design shall, to the snap-back tax hikes that many Demo- (Mr. BOOZMAN asked and was given maximum extent possible incorporate shared crats hope to foist upon our economy permission to address the House for 1 or collegial space, consistent with efficient before they skip town. Unless Congress minute and to revise and extend his re- court operations that will minimize the size and cost of the building to be constructed. acts, the marriage penalty will return, marks.) Provided further, That any design shall in- the $1,000 per child tax credit will dis- Mr. BOOZMAN. Mr. Speaker, I rise corporate changes in the 1997 United States appear, and the expanded 10 percent today in honor of one of America’s

VerDate Aug 04 2004 04:00 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.025 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6717 bravest, Second Lieutenant James Mi- In conclusion, may God bless our EMERGENCY DISASTER FUNDS chael Goins, a Carroll County, Arkan- troops, and we will never forget Sep- NECESSARY FOR FLORIDA sas, native who was recently killed in tember 11. (Mr. YOUNG of Florida asked and action in Iraq. f was given permission to address the Michael, a member of the Army’s 2nd House for 1 minute and to revise and Battalion, 12th Cavalry Regiment, was U.S. ECONOMY KEEPS ON GROW- extend his remarks.) killed on August 15 when a militia ING AND CREATING NEW JOBS Mr. YOUNG of Florida. Mr. Speaker, member in Najaf attacked his tank. when natural disasters occur around By all accounts, Michael was not (Mrs. MILLER of Michigan asked and the world, or especially in the United only a great soldier, but also a model was given permission to address the States, we respond. But of all of these citizen. He was high school valedic- House for 1 minute and to revise and natural disasters that we have experi- torian, captain of his high school foot- extend her remarks.) enced, seldom has an entire State been ball and basketball teams, and a recipi- Mrs. MILLER of Michigan. Mr. affected. But thanks to tropical storm ent of the National Military Scholar Speaker, the U.S. economy keeps on Bonnie, Hurricane Charley, and Hurri- Award, an honor going to only 10 per- growing and creating new jobs. Last cane Frances, every section of Florida cent of the ROTC cadets in the Nation. month alone, 144,000 new jobs were cre- has been affected. He carried himself in a manner that ated. But if one were to listen to Sen- President Bush, Governor Bush, Mike earned praise and admiration from ator JOHN KERRY, one would think we Brown, the Director of FEMA, and our every person he touched. His ROTC were in the middle of another Great State and local emergency responders professor called Michael the ‘‘finest Depression. have done an outstanding job, and the soldier’’ he ‘‘has ever known’’ and his The U.S. economy has created jobs in people of Florida have done an out- high school basketball coach said he each of the last 12 months for a total of standing job in beginning to put their ‘‘learned more about life’’ from Mi- nearly 1.7 million new jobs. The unem- lives back together. But today FEMA, chael than he gave Michael. ployment rate has fallen to 5.4 percent, who handles our disaster funding, is Michael always wanted to be a sol- which is about the same as in 1996 when running out of money, and by midnight dier. Almost immediately upon earning President Bill Clinton was running for tonight their funds will be exhausted. his officer’s commission, he selflessly reelection. And thanks to the leader- I have introduced a supplemental put himself in harm’s way in a country ship of our great President George W. bill, as requested by the President, and, far away so that we could live free of Bush and the majority of the Repub- hopefully, we can pass it here in the terror here at home. licans in Congress, our economy is House this afternoon, and the Senate Mr. Speaker, Second Lieutenant strong and getting stronger. will be able to take it up later this James Michael Goins made the ulti- Senator KERRY, while flip-flopping on evening. It is important because FEMA mate sacrifice for his country. He is a a variety of issues, has been remark- is out of money. It is important to true American hero. I ask my col- ably consistent on one issue, and that make sure that everybody knows that leagues to keep Michael’s family and one issue is raising taxes. Higher taxes this is not going to be the total cost. friends in their thoughts and prayers on hard-working Americans and job This is just emergency funding to keep during these difficult times. providers have never created a job or the cash flowing to those disaster areas f helped a family meet its needs. in my State of Florida. My message to Senator KERRY is we f TERROR ATTACKS IN RUSSIA have turned the corner toward a PART OF GLOBAL WAR ON TER- progrowth, projob, profamily economy, ANNOUNCEMENT BY THE SPEAKER ROR and we are not turning back. PRO TEMPORE (Mr. WILSON of South Carolina The SPEAKER pro tempore (Mr. f asked and was given permission to ad- PENCE). Pursuant to clause 8 of rule dress the House for 1 minute and to re- WEEKLY AWARD FOR WORST EX- XX, the Chair will postpone further vise and extend his remarks.) proceedings today on motions to sus- Mr. WILSON of South Carolina. Mr. AMPLE OF BIASED LIBERAL MEDIA REPORT pend the rules on which a recorded vote Speaker, last week the world watched or the yeas and nays are ordered or on in horror as militant terrorists mur- (Mr. SMITH of Texas asked and was which the vote is objected to under dered hundreds of Russian school- given permission to address the House clause 6 of rule XX. children. No one can doubt that we are for 1 minute and to revise and extend RECORD votes on postponed questions in a full-scale global war on terror. his remarks.) will be taken after 6:30 p.m. today. Since September 11, the terrorists have Mr. SMITH of Texas. Mr. Speaker, f attacked in Tunis, Karachi, Bali, Ja- The New York Times has repeatedly karta, Casablanca, Bombay, Mombassa, hammered Republicans for their get- GUARDIANS OF FREEDOM MEMO- Najaf, Riyadh, Baghdad, Istanbul, Ma- out-the-vote efforts involving church- RIAL POST OFFICE BUILDING drid, and continued the campaign of es, going so far as to suggest that their Mrs. MILLER of Michigan. Mr. terror against Israel. tax-exempt status should be ques- Speaker, I move to suspend the rules As British Prime Minister Tony Blair tioned. One reporter, David D. Kil- and pass the bill (H.R. 4442) to des- has stated, the world was transformed patrick, has written four stories on ignate the facility of the United States on September 11. We can no longer sim- this topic in the past few months, im- Postal Service located at 1050 North ply grieve for the victims of these evil plying that Republicans’ relationship Hills Boulevard in Reno, Nevada, as the acts; we must join together and defeat with churches somehow is improper. ‘‘Guardians of Freedom Memorial Post the terrorists before they can strike Yet when former President Bill Clinton Office Building’’ and to authorize the again. This is why President George W. recently gave a politically motivated installation of a plaque at such site, Bush has brought together allies to lib- anti-Republican speech at the River- and for other purposes. erate millions from terrorist-spon- side Church in New York City, the The Clerk read as follows: soring regimes in Afghanistan and Times was not concerned. H.R. 4442 Iraq. Together with our allies, we are As the election draws near, the lib- Be it enacted by the Senate and House of Rep- making major arrests of terrorists eral bias of the media continues to resentatives of the United States of America in throughout the world, cutting off their grow worse. The American people de- Congress assembled, financial assets, and increasing our in- serve to hear balanced and factual SECTION 1. DESIGNATION OF GUARDIANS OF telligence capabilities. news. FREEDOM MEMORIAL POST OFFICE We must realize that this war cannot Beginning next week and continuing BUILDING. (a) DESIGNATION.—The facility of the be won overnight. It requires persever- until the November elections, I will an- United States Postal Service located at 1050 ance and steadfastness. Yet, in the end, nounce a weekly award for the worst North Hills Boulevard in Reno, Nevada, shall freedom and liberty will triumph over example of a biased liberal media re- be known and designated as the ‘‘Guardians extremist hatred. port, whether print or electronic. of Freedom Memorial Post Office Building’’.

VerDate Aug 04 2004 04:00 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.010 H07PT1 H6718 CONGRESSIONAL RECORD — HOUSE September 7, 2004 (b) REFERENCES.—Any reference in a law, U.S. Armed Forces, this conflict is one portant for all of us to pause and re- map, regulation, document, paper, or other that we will win. Our loyal troops toil member those who have selflessly record of the United States to the facility re- and struggle every day in Afghanistan, stood in harm’s way as the guardians ferred to in subsection (a) shall be deemed to in Iraq, and other locations across the of our most fundamental freedoms: life, be a reference to the ‘‘Guardians of Freedom Memorial Post Office Building’’. globe defending America from ter- liberty, and the pursuit of happiness. SEC. 2. INSTALLATION OF PLAQUE. rorism, hate, and extremism. We must Remembering those who have served (a) AGREEMENT.—The Postmaster General never forget their sacrifices. our country with the Guardians of may enter into an agreement with the Office Mr. Speaker, as President Bush made Freedom Memorial Post Office Build- of Veterans’ Services of the State of Nevada clear during his Presidential nomina- ing helps to preserve in the hearts and under which the Office of Veterans’ Services tion acceptance speech last week, we lives of our citizens the spirit of patri- of the State of Nevada agrees— have fought the terrorists across the otism, the love of country, and the (1) to install a plaque to be displayed at Earth not for pride, not for power, but willingness to serve and sacrifice for the Guardians of Freedom Memorial Post Of- because the lives of our citizens are at the common good. fice Building referred to in section 1(a); and stake. During the war on terror, our This legislation recognizes not just (2) to maintain and update such plaque, as appropriate and in accordance with sub- military men and women have ex- members of the military, but all men sections (b) and (c). tended the fight with terrorists to and women and children who are com- (b) INSCRIPTIONS.— where they live and plot, thus making mitted to guarding the freedoms we (1) DEDICATION.—The plaque installed pur- Americans safer here at home. hold so dearly. suant to subsection (a) shall bear the fol- American troops continue to fight Recently our Nation has been faced lowing inscription: ‘‘This post office building terrorism in Iraq and in Afghanistan with threats from enemies who desire is dedicated in the memory of those men and during their critical efforts to stabilize to oppress rather than to liberate, who women of the State of Nevada who have lost these two young nations. They are suc- their lives while serving in the Armed Forces advocate tyranny over democracy, and of the United States in the Global War on ceeding, and history will fondly re- who prefer terrorism to freedom. The Terrorism and in Operation Iraqi Freedom.’’. member their efforts to liberate mil- attacks of September 11, 2001, are fresh (2) ADDITIONAL INFORMATION.—The plaque lions of people. We think about our sol- in our memories, but we are reminded installed pursuant to subsection (a) shall diers each and every day, we pray for that this is not the first time in the also include with respect to the men and them, and we owe them the thanks of a history of our great Nation that we women of the Armed Forces referred to in grateful Nation. This Post Office is one have been faced with intimidation and paragraph (1) inscriptions containing the small token of our boundless apprecia- threats to our freedoms. names, ranks, branches of service, home- tion. Mr. Speaker, while the names of towns, and dates of death of such men and women. Mr. Speaker, I reserve the balance of those who threaten us may be new, the (c) EXPENDITURE OF COSTS.—The agreement my time. honor and courage with which our Na- referred to in subsection (a) shall provide Ms. WATSON. Mr. Speaker, I yield tion faces them is not. myself such time as I may consume. that the Office of Veterans’ Services of the b 1430 State of Nevada shall have sole responsi- As a member of the House Committee bility for the expenditure of all costs associ- on Government Reform, I am pleased All of those who have worked to ated with the installation, maintenance, and to join my colleague in the consider- guard our freedoms, our police and fire updating of the plaque. ation of H.R. 4442, legislation naming a departments, first responders and all The SPEAKER pro tempore. Pursu- postal facility in Reno, Nevada, after Americans who believe our country is ant to the rule, the gentlewoman from ‘‘Guardians of Freedom.’’ This meas- the greatest Nation in the world be- Michigan (Mrs. MILLER) and the gentle- ure, which was introduced by the gen- cause of the freedoms we enjoy are woman from California (Ms. WATSON) tleman from Nevada (Mr. GIBBONS) on honored with this postal facility in each will control 20 minutes. May 20, 2004, and unanimously reported Reno, Nevada. The Chair recognizes the gentle- by our committee on July 8, 2004, en- I would also like to take a moment woman from Michigan (Mrs. MILLER). joys the support and cosponsorship of to thank the gentleman from Nevada GENERAL LEAVE the Nevada delegation. (Congressman GIBBONS) for his personal Mrs. MILLER of Michigan. Mr. The name, ‘‘Guardians of Freedom,’’ dedication to our Nation. As many of Speaker, I ask unanimous consent that was chosen by the Nevada North Valley you know, prior to coming to Congress, all Members may have 5 legislative High School Air Force Junior ROTC the gentleman from Nevada (Mr. GIB- days within which to revise and extend cadets. The cadets chose the name to BONS) served our Nation as a combat their remarks and include extraneous honor Nevada men and women who pilot and is a decorated veteran of both material on the bill under consider- have fought and continue to fight the the Vietnam and Persian Gulf wars. ation. war on terrorism, particularly those Throughout his military service, the The SPEAKER pro tempore. Is there Nevadans who have lost their lives to gentleman from Nevada (Mr. GIBBONS) objection to the request of the gentle- protect our freedoms. received 19 service medals including woman from Michigan? I commend my colleague for spon- the Legion of Merit and the Distin- There was no objection. soring this bill, and I urge its quick guished Flying Cross. He continues Mrs. MILLER of Michigan. Mr. passage. protecting the freedom of Nevadans Speaker, I yield myself such time as I Mr. Speaker, I reserve the balance of and all Americans through his service may consume. my time. in Congress where he has distinguished Mr. Speaker, H.R. 4442, introduced by Mrs. MILLER of Michigan. Mr. himself as a leader in homeland secu- the gentleman from Nevada (Mr. GIB- Speaker, I yield such time as he may rity and intelligence issues. BONS), designates the Post Office in consume to the distinguished gen- Again, I urge all Members of the Reno, Nevada, as the ‘‘Guardians of tleman from Nevada (Mr. PORTER). House to support H.R. 4442 and pass Freedom Memorial Post Office Build- Mr. PORTER. Mr. Speaker, I rise this legislation honoring those who ing.’’ This post office intends to serve today in support of H.R. 4442, legisla- serve as guardians of our freedom. as a memorial to our fellow Americans tion introduced by my fellow Nevadan, Mr. GIBBONS. Mr. Speaker, I rise today in whom we have lost in the war against the gentleman from Nevada (Mr. GIB- support of H.R. 4442, the Guardians of Free- terror. Therefore, I strongly thank the BONS), to designate the United States dom Memorial Post Office Building Designa- gentleman from Nevada (Mr. GIBBONS) postal facility at 1050 North Hills Bou- tion Act. for offering this legislation. I am going levard in Reno, Nevada, as the ‘‘Guard- It is my great honor and privilege to bring to urge its passage and ask all of my ians of Freedom Memorial Post Office before you this bill, which attempts to honor colleagues to do the same. Building.’’ Nevada’s military personnel who have made Since the attacks on New York and I am proud to join with the gen- the ultimate sacrifice during the Global War on Washington on September 11, 2001, our tleman from Nevada (Mr. GIBBONS) in Terror, and Operation Iraqi Freedom. Nation has been locked in a war on ter- honoring the brave men and women of Nevada’s families have lost precious loved ror that we did not choose to enter. our Nation’s Armed Forces with the ones during these conflicts, and many mem- But thanks to the work of our brave dedication of this Post Office. It is im- bers of Nevada’s communities have come to

VerDate Aug 04 2004 04:00 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 9920 E:\CR\FM\A07SE7.001 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6719 me requesting some form of recognition for The SPEAKER pro tempore. Pursu- 4381, legislation naming a postal facil- these noble men and women. ant to the rule, the gentlewoman from ity in Springdale, Arkansas, after Har- This bill helps provide such recognition by Michigan (Mrs. MILLER) and the gentle- vey and Bernice Jones. This measure, establishing the Guardians of Freedom Memo- woman from California (Ms. WATSON) which was introduced by the gen- rial Post Office Building, in Reno, NV—a con- each will control 20 minutes. tleman from Arkansas (Representative secration of ground forever preserving the The Chair recognizes the gentle- BOOZMAN) on May 18, 2004, and unani- memories of these valiant individuals. woman from Michigan (Mrs. MILLER). mously reported by our committee on To my knowledge, no other post office in GENERAL LEAVE July 8, 2004, enjoys the support and co- the United States serves with the distinction of Mrs. MILLER of Michigan. Mr. sponsorship of the Arkansas delega- being the single location for recognizing and Speaker, I ask unanimous consent that tion. honoring all those of a community who have all Members may have 5 legislative As my colleagues have heard, the fallen in defense of our Nation’s liberty. days within which to revise and extend late Harvey and Bernice Jones were Upon passage of this bill into law, a plaque their remarks and include extraneous founders of a nonprofit organization, will be placed at this site. material on the bill under consider- the Jones Center for Families. The The plaque will bear the names of those ation. mission of the center is to ‘‘serve fami- Nevadans who have given the ultimate sac- The SPEAKER pro tempore. Is there lies, strengthen community, and glo- rifice in fighting terrorism; the names of those objection to the request of the gentle- rify God.’’ The organization, which pro- who have died defending America’s liberty. woman from Michigan? vided a host of needed community serv- The names, Mr. Speaker, of those Nevadans There was no objection. ices including health, education, and who have fallen while liberating their brothers Mrs. MILLER of Michigan. Mr. recreational facilities, was founded to and sisters in humanity from the barbarism of Speaker, I yield myself such time as I improve the lives of those in need of as- a different age. may consume. sistance and guidance. The names of these Nevadans will be per- Mr. Speaker, on behalf of the Com- In 1996 President William Clinton manently etched into this plaque and will mittee on Government Reform, I am awarded Mrs. Bernice Young Jones the serve as an enduring reminder to future gen- pleased to rise in support of H.R. 4381. Presidential Citizen Medal. Through- erations that freedom is never free, and those The Congress names post offices after out her life, Mrs. Jones donated mil- who defend liberty will never be forgotten. numerous Americans, some famous, lions of dollars to assist individuals I urge my colleagues to join me in sup- some anonymous, who devote inordi- and families. porting my fellow Nevadans who have lost nate time, energy, and resources to Mr. Harvey Jones, who built one of loved ones, by voting in favor of this special constructive causes, to their commu- the largest trucking companies in the bill, H.R. 4442. nities, or to the greater public. And country, was also a generous contrib- Ms. WATSON. Mr. Speaker, I have no today, through the consideration of utor to charitable organizations. further requests for time, and I yield H.R. 4381, we recognize a couple that is Sadly, he passed in 1989, and Mrs. Jones back the balance of my time. among the most deserving to be hon- passed away last year. Mrs. MILLER of Michigan. Mr. ored by Congress with a local post of- I commend my colleagues for spon- Speaker, I urge all Members to support fice. soring this bill, and I urge its quick the passage of H.R. 4442, and I yield Mr. Speaker, Harvey and Bernice passage. back the balance of my time. Jones dedicated literally a lifetime of Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The service to the people of Arkansas. The my time. question is on the motion offered by Joneses gave away literally millions of Mrs. MILLER of Michigan. Mr. the gentlewoman from Michigan (Mrs. dollars to schools, to hospitals, to Speaker, I yield such time as he may MILLER) that the House suspend the charities, most of them in northwest consume to the gentleman from Arkan- rules and pass the bill, H.R. 4442. Arkansas, through the Harvey and Ber- sas (Mr. BOOZMAN), my distinguished The question was taken; and (two- nice Jones Charitable Trust. colleague. thirds having voted in favor thereof) After Harvey died in 1989, Bernice es- Mr. BOOZMAN. Mr. Speaker, I thank the rules were suspended and the bill tablished the Harvey and Bernice Jones the gentlewoman from Michigan (Mrs. was passed. Eye Institute at the University of Ar- MILLER) for yielding me this time. A motion to reconsider was laid on kansas Medical Center in Little Rock Mr. Speaker, today I am honored to the table. in 1994. The next year Bernice opened introduce legislation to my fellow col- the Harvey and Bernice Jones Center leagues to name the post office at 2811 f for Families and Children in Spring- Springdale Avenue in Springdale, Ar- HARVEY AND BERNICE JONES dale. The center, which features a kansas, after Harvey and Bernice POST OFFICE BUILDING swimming pool and ice skating rink, Jones. Harvey and Bernice Jones are Mrs. MILLER of Michigan. Mr. continues to positively mentor youths. known throughout Arkansas for their Speaker, I move to suspend the rules President Clinton took notice of Mrs. amazing generosity and compassion for and pass the bill (H.R. 4381) to des- Jones’s work in his home State and their community. Harvey Jones first ignate the facility of the United States awarded Bernice the Presidential Citi- started the Springdale Transportation Postal Service located at 2811 Spring- zens Medal for her benevolence to hu- Company in 1919 and soon changed the dale Avenue in Springdale, Arkansas, manity on February 22, 1996. name to Jones Truck Lines, Incor- as the ‘‘Harvey and Bernice Jones Post Bernice Jones passed away Sep- porated, which later became one of the Office Building.’’ tember 10, 2003. And I thank the gen- largest privately owned trucking com- The Clerk read as follows: tleman from Arkansas (Congressman panies in the United States. In 1938 the H.R. 4381 BOOZMAN) for advancing this legisla- couple married and together used their tion on behalf of Harvey and Bernice success to further the improvement of Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Jones. This beloved couple deserves to their community and their home State Congress assembled, be remembered by the people of Spring- of Arkansas. SECTION 1. HARVEY AND BERNICE JONES POST dale forever. This post office should The Joneses were instrumental in the OFFICE BUILDING. serve as a wonderful memorial to their development of Springdale’s first hos- (a) DESIGNATION.—The facility of the compassion. pital, and in 1992 Bernice Jones contin- United States Postal Service located at 2811 Mr. Speaker, I reserve the balance of ued their support for the hospital by Springdale Avenue in Springdale, Arkansas, my time. pledging $25 million to the Northwest shall be known and designated as the ‘‘Har- Ms. WATSON. Mr. Speaker, I yield Medical Center of Washington County. vey and Bernice Jones Post Office Building’’. myself as much time as I may con- Furthermore, the couple provided a (b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other sume. wing of the hospital for family mem- record of the United States to the facility re- Mr. Speaker, as a Member of the bers who want to stay close to their ferred to in subsection (a) shall be deemed to House Committee on Government Re- loved ones. be a reference to the Harvey and Bernice form, I am pleased to join with my col- Harvey Jones was chairman of the Jones Post Office Building. leagues in the consideration of H.R. Springdale Memorial Hospital Board,

VerDate Aug 04 2004 04:00 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.027 H07PT1 H6720 CONGRESSIONAL RECORD — HOUSE September 7, 2004 president of the Springdale School ANTHONY I. LOMBARDI MEMORIAL Anthony Lombardi. I certainly support Board, president of the Springdale POST OFFICE BUILDING H.R. 4618. I would urge all my col- Chamber of Commerce, and chairman Mrs. MILLER of Michigan. Mr. leagues to do the same. I thank the of the board of the First National Bank Speaker, I move to suspend the rules gentleman from New York for his com- of Springdale. and pass the bill (H.R. 4618) to des- passionate work on this legislation. After her husband’s death in 1989, ignate the facility of the United States Mr. Speaker, I reserve the balance of Bernice Jones continued the couple’s Postal Service located at 10 West Pros- my time. philanthropic interests. She paid for pect Street in Nanuet, New York, as Ms. WATSON. Mr. Speaker, I yield the computers and Internet access for the ‘‘Anthony I. Lombardi Memorial myself such time as I may consume. the entire Springdale School System Post Office Building’’. Mr. Speaker, as a Member of the and was a lead supporter for the chil- The Clerk read as follows: House Committee on Government Re- form, I am pleased to join my colleague dren’s library fund. As an eye doctor in H.R. 4618 in the consideration of H.R. 4618, legis- Arkansas, I was gratified by her dona- Be it enacted by the Senate and House of Rep- tion of $11.5 million for the 56,000 resentatives of the United States of America in lation naming a postal facility in square foot Harvey and Bernice Jones Congress assembled, Nanuet, New York, after Anthony Eye Institute at the University of Ar- SECTION 1. ANTHONY I. LOMBARDI MEMORIAL Lombardi. This measure was intro- kansas for the Medical Sciences in Lit- POST OFFICE BUILDING. duced by the gentleman from New tle Rock. (a) DESIGNATION.—The facility of the York (Representative ENGEL) on June United States Postal Service located at 10 18, 2004, and unanimously reported by I could go on and on with the exten- West Prospect Street in Nanuet, New York, sive list of their contributions and our committee on July 21, 2004; and it shall be known and designated as the ‘‘An- enjoys the support and cosponsorship achievements, but probably their most thony I. Lombardi Memorial Post Office of the New York delegation. memorable gift to the community is Building’’. A native of Nanuet, New York, An- the Harvey and Bernice Jones Center (b) REFERENCES.—Any reference in a law, thony Lombardi served in the U.S. for Families in Springdale, Arkansas. map, regulation, document, paper, or other Army. A dedicated serviceman, An- Established by Mrs. Jones in 1995, the record of the United States to the facility referred to in subsection (a) shall be deemed to thony participated in the ground force Jones Center is a 235,000 square foot fa- be a reference to the Anthony I. Lombardi that stormed Normandy in 1944. He was cility dedicated to the intellectual, Memorial Post Office Building. later wounded in another battle. For cultural, and spiritual enhancement of The SPEAKER pro tempore. Pursu- his valiant efforts, Anthony was award- families throughout the community. ant to the rule, the gentlewoman from ed two Bronze Stars. The center offers ice skating, swim- Michigan (Mrs. MILLER) and the gentle- After the many battles, Anthony re- ming, and numerous other sports ac- woman from California (Ms. WATSON) turned home, taught Sunday school at tivities. There is a beautiful chapel for each will control 20 minutes. St. Joseph’s of Spring Valley, and services and weddings. An ever-wid- The Chair recognizes the gentle- began a 30-year career with the U.S. ening array of family classes are of- woman from Michigan (Mrs. MILLER). Postal Service. fered, including a senior center, a teen GENERAL LEAVE As a letter carrier, Anthony arts program, CPR, cancer screening, Mrs. MILLER of Michigan. Mr. Lombardi walked over 100,000 miles de- and many, many more. All of this is Speaker, I ask unanimous consent that livering mail. His neighbors and friends free for the community use as long as all Members may have 5 legislative remembered him as a carrier who did they behave like ladies and gentlemen. days within which to revise and extend his job with a smile and a hug. This was Bernice’s only rule for the their remarks and include extraneous I commend my colleague for hon- center. The Joneses are still honored material on the bill under consider- oring the memory of the late Anthony extensively throughout the State for ation. Lombardi, and I urge the swift adapta- their accomplishments. We can con- The SPEAKER pro tempore. Is there tion of H.R. 4618. tinue to honor them by naming the objection to the request of the gentle- Mr. Speaker, I yield back the balance Springdale Post Office after the woman from Michigan? of my time. Joneses. They selflessly rose to answer There was no objection. Mr. ENGEL. Mr. Speaker, I rise the call of their community time and Mrs. MILLER of Michigan. Mr. today in support of H.R. 4618. Mr. time again and will continue to be an Speaker, I yield myself such time as I Lombardi was a dedicated postal em- inspiration for Arkansas for years to may consume. ployee, and exemplary New Yorker, come. Mr. Speaker, H.R. 4618, introduced by and it is my honor to dedicate the U.S. Ms. WATSON. Mr. Speaker, I have no the gentleman from New York (Con- Post Office of Nanuet, New York, in further requests for time, and I yield gressman ENGEL) designates this postal the name of the late Anthony back the balance of my time. facility in Nanuet, New York, as the Lombardi, retired Army Sergeant, 4th Mrs. MILLER of Michigan. Mr. ‘‘Anthony I. Lombardi Memorial Post Infantry. Speaker, I have no further requests for Office Building.’’ All 29 Members of the Anthony Lombardi, known to those time, and I yield back the balance of New York State delegation have co- close to him as ‘‘Tony,’’ grew up in St. my time. sponsored this bill. Agatha’s Orphanage in Nanuet. When The SPEAKER pro tempore. The Mr. Speaker, Anthony Lombardi Tony enlisted in the Army, the United question is on the motion offered by spent his entire adult life as a re- States was embroiled in the European the gentlewoman from Michigan (Mrs. spected postal letter carrier in his battles of World War II. Tony served in MILLER) that the House suspend the hometown of Nanuet, New York. In ad- the ground force that stormed Nor- rules and pass the bill, H.R. 4381. dition, he taught Sunday school and mandy in 1944 and was later awarded The question was taken. worked as a custodial supervisor at the first of his two Bronze Stars for his Nanuet High School. He was a fearless part in the battle’s success. Sixteen The SPEAKER pro tempore. In the Army sergeant, who served our Nation days after D-Day, Tony volunteered for opinion of the Chair, two-thirds of during World War II, landing on Nor- a mission in the hills of a German those present have voted in the affirm- mandy during D-Day. He was twice stronghold near Bretteville, France, ative. honored with the Bronze Star for brav- where he delivered food, ammunition, Mrs. MILLER of Michigan. Mr. ery. Interestingly, one of his Bronze and water under hostile conditions to Speaker, on that I demand the yeas Stars was for rescuing a wounded sol- the needy frontline troops. During the and nays. dier in the battlefield, a man who safe- difficult Battle of Hurtgen Forest, The yeas and nays were ordered. ly returned home and became the fa- Tony’s company commander was The SPEAKER pro tempore. Pursu- ther to Gary Hart, who grew up to be a wounded by enemy fire. Tony came to ant to clause 8 of rule XX and the United States Senator. his commander’s aid and brought him Chair’s prior announcement, further Mr. Speaker, this is a fitting tribute to safety. proceedings on this motion will be to a lifelong postal employee, a man Tony Lombardi could easily be hon- postponed. who was beloved by his community, ored on his military record alone but

VerDate Aug 04 2004 04:00 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.018 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6721 few in Nanuet had any knowledge that GENERAL LEAVE troops led him to develop and com- he even served in the war until after Mrs. MILLER of Michigan. Mr. mand the 101st Airborne Division, an his death in 1987. His work in the com- Speaker, I ask unanimous consent that elite paratrooper company hailed for munity made Tony a household name all Members may have 5 legislative its heroic participation in the D-Day in Nanuet. He dedicated much of his days within which to revise and extend invasion. time to teaching Sunday school at St. their remarks and include extraneous Although his health would not allow Joseph’s of Spring Valley. In 1978, the material on H.R. 4556, the bill under him to be there for the invasion, his students of Nanuet High School hon- consideration. men respected and admired him so ored him for his dedication to the The SPEAKER pro tempore. Is there much that as they jumped from their school and its pupils in his efforts as objection to the request of the gentle- planes into battle, they yelled his head night custodian for over 22 years. woman from Michigan? name. Tony Lombardi is loved and remem- There was no objection. General Lee died in 1948, but he re- bered most in Nanuet as a friendly and Mrs. MILLER of Michigan. Mr. mains a legend. Mr. Speaker, I com- caring mailman. During his 30-year ca- Speaker, I yield myself as much time mend my colleague for seeking to reer, Lombardi estimated that he had as I might consume. honor the legacy of General Lee by walked over 100,000 miles delivering Mr. Speaker, I am pleased to rise in sponsoring this bill, and I urge its mail. He always greeted everyone with support of H.R. 4556. This bill des- quick passage. a smile, a handshake and a hug and left ignates the U.S. Postal Service facility Mr. Speaker, I yield such time as he a life-long impression on all those who at 1115 South Clinton Avenue, in Dunn, may consume to the gentleman from North Carolina (Mr. ETHERIDGE), the came in contact with him. North Carolina, as the General William sponsor of H.R. 4556. The Nanuet Post Office will serve as Carey Lee Post Office Building. Mr. ETHERIDGE. Mr. Speaker, I daily reminder to the community of General William Lee, also known as the Father of the Airborne, was the thank the gentlewoman from Cali- Mr. Lombardi’s contributions to fornia for yielding me the time, and let Nanuet. founder and original Commander of the 101st Airborne Division. This elite me thank the committee for reporting b 1445 paratrooper company was hailed for its out favorably and unanimously this Mrs. MILLER of Michigan. Mr. incredibly heroic efforts during the D- important piece of legislation that, as Speaker, I yield back the balance of Day invasion of the Second World War. has been noted, was introduced and has my time. The 101st Airborne Division is fa- been agreed to by our delegation unani- The SPEAKER pro tempore (Mr. mously portrayed in the television se- mously. And I urge my colleagues to support this legislation as we name the PENCE). The question is on the motion ries Band of Brothers. offered by the gentlewoman from General Lee enlisted in the Army in main post office in Dunn, North Caro- lina, in honor of General William Carey Michigan (Mrs. MILLER) that the House 1917 and served during both World War Lee, as has been noted today, who has suspend the rules and pass the bill, I and World War II. His combat honors been, and it has been said is, the father H.R. 4618. include the Distinguished Service of the United States Airborne, and that The question was taken; and (two- Medal, the American Defense Service is absolutely correct. thirds having voted in favor thereof) Medal, and the World War I and World William Carey Lee, as has been the rules were suspended and the bill War II Victory Medals. He remains one noted, was born in Dunn, North Caro- was passed. of America’s most decorated military lina, on March 12, 1895. So he is a na- A motion to reconsider was laid on leaders, and since he passed away in tive of a previous century. He attended the table. 1948, this honor for such an authentic Wake Forest and NC State Univer- f American hero is long overdue. There- sities, but left the latter, NC State, to fore, I would urge all Members to sup- enroll as a second lieutenant in the GENERAL WILLIAM CAREY LEE port the swift passage of this post of- POST OFFICE BUILDING United States Army. fice designation. After serving 18 months in Europe Mrs. MILLER of Michigan. Mr. Mr. Speaker, I congratulate the gen- during the First World War and earn- Speaker, I move to suspend the rules tleman from North Carolina (Mr. ing the rank of captain, he returned and pass the bill (H.R. 4556) to des- ETHERIDGE) for his work on H.R. 4556. stateside where he graduated from NC ignate the facility of the United States Mr. Speaker, I reserve the balance of State University and was so enthralled Postal Service located at 1115 South my time. and felt so much for the military serv- Clinton Avenue in Dunn, North Caro- Ms. WATSON. Mr. Speaker, I yield ices that he went on to United States lina, as the ‘‘General William Carey myself such time as I may consume. Officers Candidate School 2 years later, Lee Post Office Building.’’ Mr. Speaker, as a member of the and his enthusiasm led him to make a The Clerk read as follows: House Committee on Government Re- career out of the military. H.R. 4556 form, I am pleased to join my col- His enthusiasm for parachutists and Be it enacted by the Senate and House of Rep- leagues in the consideration of H.R. glider troops that he had seen in Ger- resentatives of the United States of America in 4556, legislation naming a postal facil- many during World War I led him to Congress assembled, ity in Dunn, North Carolina, after Gen- develop the Parachute Test Platoon, SECTION 1. GENERAL WILLIAM CAREY LEE POST eral William Carey Lee. This measure, and he had been doing a lot of work on OFFICE BUILDING. which was introduced by the gen- it. Finally, in 1942, the President, (a) DESIGNATION.—The facility of the tleman from North Carolina (Mr. President Roosevelt, assigned as the United States Postal Service located at 1115 ETHERIDGE) on June 14, 2004, and unani- Provisional Paratroop Group, only a South Clinton Avenue in Dunn, North Caro- mously reported out by our committee year old, that was then to be led by lina, shall be known and designated as the on July 21, 2004, enjoys the support and ‘‘General William Carey Lee Post Office Lieutenant Colonel Lee, and it was re- Building’’. cosponsorship of the North Carolina constituted as the Airborne Command. (b) REFERENCES.—Any reference in a law, delegation. Within the year, three parachute regi- map, regulation, document, paper, or other William Carey Lee was a native of ments were added to the Army’s Air- record of the United States to the facility re- Dunn, North Carolina. He left college borne forces, and the Airborne Com- ferred to in subsection (a) shall be deemed to to join the United States Army and mand headquarters were relocated to be a reference to the General William Carey fought in World War I. He returned what was then called Camp Fort Bragg, Lee Post Office Building. home from the war and graduated from as we know today Fort Bragg, with The SPEAKER pro tempore. Pursu- North Carolina State University. Brigadier General Lee in command, ant to the rule, the gentlewoman from After a distinguished Army career, who had moved up very quickly in the Michigan (Mrs. MILLER) and the gentle- William Carey Lee became Commander ranks of the military. woman from California (Ms. WATSON) of the Provisional Parachute Group In August of 1942, the 82nd and the each will control 20 minutes. and the 502nd and 503rd Parachute Bat- 101st Airborne Divisions were formed. The Chair recognizes the gentle- talions at Fort Benning. His enormous Major General Lee was put in com- woman from Michigan (Mrs. MILLER). enthusiasm for parachute and glider mand of the new 101st Airborne, and

VerDate Aug 04 2004 04:31 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.034 H07PT1 H6722 CONGRESSIONAL RECORD — HOUSE September 7, 2004 they, of course, at that point were sta- The yeas and nays were ordered. (3) by adding at the end the following: tioned at Fort Bragg. After a year of The SPEAKER pro tempore. Pursu- ‘‘(2) In addition to the application of the rigorous training, General Lee and his ant to clause 8 of rule XX and the provisions relating to repayment of principal under section 605 of the Agricultural Trade men departed for England. Chair’s prior announcement, further Development and Assistance Act of 1954 to In 1944, General Lee suffered a heart proceedings on this motion will be the reduction of debt under subsection (a)(1) attack that forced him to step down as postponed. (in accordance with paragraph (1)(A) of this the commanding officer of the 101st f subsection), repayment of principal on a new Airborne Division, just as that division obligation established under subsection (b) was making its final preparations for TROPICAL FOREST CONSERVATION may be made in the local currency of the the invasion in Normandy, of which the ACT REAUTHORIZATION beneficiary country and deposited in the General had been a major planner with Ms. ROS-LEHTINEN. Mr. Speaker, I Tropical Forest Fund of the country in the General Eisenhower and others. As a same manner as the provisions relating to move to suspend the rules and pass the payment of interest on new obligations tribute to their former commander, bill (H.R. 4654) to reauthorize the Trop- under section 606 of such Act.’’. each of the men, as my colleagues ical Forest Conservation Act of 1998 (c) CONFORMING AMENDMENT.—Section heard this evening, of the 101st Air- through fiscal year 2007, and for other 810(a) of the Tropical Forest Conservation borne Division yelled ‘‘Bill Lee’’ as purposes. Act of 1998 (22 U.S.C. 2431h(a)) is amended by they jumped from the plane into the The Clerk read as follows: inserting ‘‘and principal’’ after ‘‘interest’’. dark into combat. H.R. 4654 The SPEAKER pro tempore. Pursu- The men of the 101st who had been Be it enacted by the Senate and House of Rep- ant to the rule, the gentlewoman from under General Lee’s command have resentatives of the United States of America in Florida (Ms. ROS-LEHTINEN) and the since been immortalized in a best-sell- Congress assembled, gentlewoman from Minnesota (Ms. ing book by the historian Stephen Am- SECTION 1. REDUCTION OF DEBT UNDER THE MCCOLLUM) each will control 20 min- brose and in the miniseries Band of FOREIGN ASSISTANCE ACT OF 1961 utes. Brothers. They were an elite rifle com- AND TITLE I OF THE AGRICULTURAL The Chair recognizes the gentle- pany that parachuted into France on TRADE DEVELOPMENT AND ASSIST- woman from Florida (Ms. ROS- ANCE ACT OF 1954. D-Day, that fought in the Battle of the Section 806(d) of the Tropical Forest Con- LEHTINEN). Bulge. They captured Hitler’s Eagle’s servation Act of 1998 (22 U.S.C. 2431d(d)) is GENERAL LEAVE Nest, and they were also a unit that amended by adding at the end the following Ms. ROS-LEHTINEN. Mr. Speaker, I suffered 150 percent casualties and new paragraphs: ask unanimous consent that all Mem- whose lives have become legendary. ‘‘(4) $20,000,000 for fiscal year 2005. bers may have 5 legislative days within One could say how could a company, ‘‘(5) $25,000,000 for fiscal year 2006. which to revise and extend their re- how could a division suffer 150 percent ‘‘(6) $30,000,000 for fiscal year 2007.’’. marks and include extraneous material casualties? Easy. As one was lost, oth- SEC. 2. USE OF FUNDS TO CONDUCT PROGRAM on H.R. 4654, the bill under consider- ers joined the group. AUDITS AND EVALUATIONS. ation. Mr. Speaker, as the Nation pauses Section 806 of the Tropical Forest Con- The SPEAKER pro tempore. Is there servation Act of 1998 (22 U.S.C. 2431d) is this year to honor the World War II amended by adding at the end the following objection to the request of the gentle- veterans and to mark the 60th anniver- new subsection: woman from Florida? sary of D-Day, it is appropriate that we ‘‘(e) USE OF FUNDS TO CONDUCT PROGRAM There was no objection. honor General Lee, a Dunn, North AUDITS AND EVALUATIONS.—Of the amounts Ms. ROS-LEHTINEN. Mr. Speaker, I Carolina, native and the father of the made available to carry out this part for a yield myself such time as I may con- United States Airborne. This General fiscal year, $200,000 is authorized to be made sume. from a small town was a big-time lead- available to carry out audits and evaluations This bill reauthorizes the Tropical er. He represented the can-do attitudes of programs under this part, including per- Forest Conservation Act of 1998, TFCA, and the patriotism embodied by the sonnel costs associated with such audits and through fiscal year 2007. The current evaluations.’’. people of Dunn and Harnett County in authorization for this important pro- SEC. 3. AUTHORITY TO ALLOW FOR PAYMENTS gram expires at the end of fiscal year North Carolina and America. OF INTEREST AND PRINCIPAL IN Today, in Dunn, there is a museum of LOCAL CURRENCIES. 2004. H.R. 4654 authorizes appropria- his homeplace. The effort to turn that (a) AUTHORITY UNDER THE FOREIGN ASSIST- tions for debt reduction for eligible home into a museum was led by a ANCE ACT OF 1961.—Section 806(c) of the Trop- countries through fiscal year 2007 at member of his staff, Hoover Adams, ical Forest Conservation Act of 1998 (22 $20 million in fiscal year 2005, the who was a captain who served under U.S.C. 2431d(c)) is amended— President’s budget request; at $25 mil- General Lee. That museum is now open (1) in the matter preceding paragraph (1), lion in fiscal year 2006; and $30 million to the public and had a lot of memora- by striking ‘‘The following’’ and inserting in fiscal year 2007. ‘‘(1) The following’’; bilia from World War II and other Air- The bill adds a new section to the un- (2) by redesignating paragraphs (1) and (2) derlying statute which authorizes the borne divisions around the world. as subparagraphs (A) and (B), respectively; Mr. Speaker, I urge my colleagues to and use of funds for audits and evaluations support this legislation and today to (3) by adding at the end the following: of this program. In addition, the bill al- honor a true American hero, General ‘‘(2) In addition to the application of the lows for TFCA debt reduction agree- William Carey Lee. provisions relating to repayment of principal ments to redirect reduced principal Ms. WATSON. Mr. Speaker, I have no under section 705 of this Act to the reduction payments for forest conservation ac- further requests for time, and I yield of debt under subsection (a)(1) (in accordance tivities. Current law allows only the back the balance of my time. with paragraph (1)(A) of this subsection), re- redirection of reduced interest pay- Mrs. MILLER of Michigan. Mr. payment of principal on a new obligation es- ment into forest conservation funds. Speaker, I would urge all Members to tablished under subsection (b) may be made in the local currency of the beneficiary coun- Ensuring fiscal and programmatic ac- support H.R. 4556, and I yield back the try and deposited in the Tropical Forest countability requires the ability to balance of my time. Fund of the country in the same manner as contract for independent audits. While The SPEAKER pro tempore. The the provisions relating to payment of inter- it is the intent of H.R. 4654 to maxi- question is on the motion offered by est on new obligations under section 706 of mize the amount of funds going to new the gentlewoman from Michigan (Mrs. this Act.’’. TFCA agreements, a modest authoriza- MILLER) that the House suspend the (b) AUTHORITY UNDER TITLE I OF THE AGRI- tion level is provided as a good man- rules and pass the bill, H.R. 4556. CULTURAL TRADE DEVELOPMENT AND ASSIST- agement procedure to ensure that some ANCE ACT OF 1954.—Section 807(c) of the Trop- The question was taken. audits be undertaken each year. The SPEAKER pro tempore. In the ical Forest Conservation Act of 1998 (22 opinion of the Chair, two-thirds of U.S.C. 2431e(c)) is amended— b 1500 (1) in the matter preceding paragraph (1), The $200,000 authorized by the bill to those present have voted in the affirm- by striking ‘‘The following’’ and inserting ative. ‘‘(1) The following’’; be made available to carry out audits Mrs. MILLER of Michigan. Mr. (2) by redesignating paragraphs (1) and (2) and evaluations of programs is not in- Speaker, on that I demand the yeas as subparagraphs (A) and (B), respectively; tended as a limit on expenditures for and nays. and these important functions.

VerDate Aug 04 2004 04:31 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.023 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6723 The bill would allow principal on participate because of the way in which overwhelmingly approved by the debt incurred before January 1, 1998, to the language was originally written. House, the Senate, and enacted in 1998. be eligible for treatment under the This new authority in this reauthoriza- It was then reauthorized in 2001, until straight debt reduction option. Cur- tion would remedy this situation and the end of this current year. rently, only interest can be treated. increase the number of countries eligi- The TFCA is based on the previous The benefit of also treating principal ble to participate in the program. Bush administration’s Enterprise for in this matter is that the U.S. Govern- Mr. Speaker, the Tropical Forest the Americas Initiative, also known as ment can generate more funds for for- Conservation Act is a shining example EAI. That initiative allowed the Presi- est conservation. of good policy mixed with strong envi- dent to restructure debt in exchange Mr. Speaker, I reserve the balance of ronmental protections. It is my hope for certain conservation efforts in my time. that in the future we will be able to Latin America. We took that basic phi- Ms. MCCOLLUM. Mr. Speaker, I yield promote and support additional meas- losophy, broadened it, we expanded on myself such time as I may consume, ures that balance economic stability it, and we now allow protection of and I rise in strong support of this leg- and environmental sustainability both threatened tropical forests worldwide. islation. for these countries. A conservative estimate is that, be- This legislation continues a vitally Again, I strongly support the passage cause of the agreements that have been important environmental initiative of this legislation to reauthorize the signed to date, 41 million acres of trop- started in the Clinton administration. Tropical Forest Conservation Act, and ical forests are being protected. The With the extension of this program, I urge my colleagues to do so as well. United States has a significant na- millions of acres of endangered tropical Mr. Speaker, I reserve the balance of tional interest in this. Tropical forests forests around the world will be saved, my time. provide a wide range of benefits. They and the biological diversity of our Ms. ROS-LEHTINEN. Mr. Speaker, I harbor 50 to 90 percent of the Earth’s world will be further preserved. am pleased to yield 6 minutes to the terrestrial biodiversity. They act as I would first like to recognize the ef- gentleman from Ohio (Mr. PORTMAN), ‘‘carbon sinks,’’ absorbing massive forts of the gentleman from Ohio (Mr. the prime sponsor and the author of quantities of carbon dioxide from the PORTMAN), who worked closely with this bill. atmosphere, thereby reducing so-called our former colleague and former chair Mr. PORTMAN. Mr. Speaker, I want greenhouse gases. Therefore, the qual- of the Committee on International Re- to thank my colleague, the gentle- ity of the air we breathe here in this lations, the Honorable Lee Hamilton, woman from Florida (Ms. ROS- country is affected by the health of in crafting this innovative measure in LEHTINEN), who is chair of the Sub- these dense forests. 1998. committee on the Middle East and They also regulate rainfall on which Mr. Speaker, the Tropical Forest South Asia of the Committee on Inter- agriculture and coastal resources de- Conservation Act has become one of national Relations. I want to thank her pend, and they are of great importance the most effective foreign policy tools for her good work in the committee, to regional and global climate. Fur- designed to encourage developing na- and particularly her help with regard thermore, tropical forests are breeding tions to protect and preserve tropical to this legislation and her willingness grounds for new medicines. Twenty- forests. Already the U.S. has entered to be one of the original cosponsors and five percent of prescription drugs come into bilateral agreements with seven to help to promote this. from tropical forests. The United countries: Bangladesh, Belize, El Sal- I also want to thank my colleague States National Cancer Institute has vador, Panama, Peru, the Philippines, from Minnesota (Ms. MCCOLLUM). I identified over 3,000 plants that they and Colombia. thought that statement was eloquent, believe are active against cancer. Sev- This innovative program has been a and I think she well stated what we are enty percent of them can be found in tremendous success. It has given the trying to do with this reauthorization, these tropical rain forests. people of developing countries the op- which is to continue a good program Regrettably, tropical forests are rap- portunity to protect and invest in their and also to expand it so that more idly disappearing. It is now estimated local ecosystems, thus preserving our countries can be eligible. that 30 million acres, an area larger global environment while at the same I rise today in very strong support of than the State of Pennsylvania, or my time paying down interest on debt this legislation. It was introduced, State of Ohio, are now being lost each owed to the United States. along with my colleague and ranking year. The heavy debt burden of many The current bilateral agreements member, the gentleman from Cali- of these countries in the tropics is a under the Tropical Forest Conservation fornia (Mr. LANTOS), of the Committee contributing factor because they have Act will generate $70 million for trop- on International Relations, by 32 of our to resort to exploitation of their nat- ical forest preservation. The most re- colleagues to reauthorize this Tropical ural resources, particularly the extrac- cent agreement has produced a pledge Forest Conservation Act through fiscal tion of timber, oil, and precious met- by Colombia to invest $10 million over year 2007. This is a bipartisan and mar- als, to be able to generate revenue to 12 years to protect the nearly 11 mil- ket-based conservation incentive pro- service their external debt. At the lion acres of this tropical forest. gram which helps to protect the same time, these poorer governments Among the areas that will be pre- world’s most valuable tropical forests tend to have fewer resources available served in Colombia as a result is the using the so-called debt-for-nature to set aside and protect tropical for- Tuparo National Park. This unique for- mechanisms. ests. est contains a rich diversity of species, H.R. 4654 was developed with the The TFCA, which is part of the cur- including jaguars, river dolphins, and Bush administration, with the Nature rent Bush administration’s global cli- the endangered giant armadillo. This Conservancy, World Wildlife Fund, mate change policy, addresses these also includes a threatened crocodile, Conservation International, and the economic pressures by authorizing the which is found only in this part of Wildlife Conservation Society. The ad- President to allow eligible countries to South America. This area is also being ministration and these highly re- engage in debt swaps, in buybacks, and protected because it serves as a base spected environmental organizations in reduction and restructuring of debt for migrating birds from North Amer- are to be commended for their good in exchange for protecting threatened ica. work on the Tropical Forest Conserva- tropical forests on a sustained basis. So The bill before us would expand the tion Act and on this legislation before the program gets at some of the under- Tropical Forest Conservation Act by us today. lying causes for the disappearing trop- allowing developing countries not only This legislation comes out of a cou- ical forests because it gets at some of to service their debt by making pay- ple of Congresses ago, the 105th Con- the economic reasons some of the coun- ments to forest conservation funds, but gress, when I, along with my colleagues tries must exploit this resource. also to pay down the principal on these Lee Hamilton, mentioned earlier, and The debt-for-nature mechanism in debts. Right now, there are several John Kasich, introduced legislation the TFCA has proven to be an effective debtor countries that are potentially that established the Tropical Forest market-oriented means to leverage eligible for the program but cannot Conservation Act, or TFCA. It was scarce funds available for international

VerDate Aug 04 2004 04:31 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.026 H07PT1 H6724 CONGRESSIONAL RECORD — HOUSE September 7, 2004 conservation. The host country places Nicholas Lapham with Conservation phins, the endangered giant armadillo and the local currency in its tropical forest International. critically threatened Orinoco crocodile, which fund that typically exceeds the cost to From the administration, I want to is found only in this part of South America. the U.S. Government of the debt reduc- thank the Council on Environmental The area is also a major winter base for mi- tion agreement. So we are leveraging Quality; also Joel Kaplan and Robin grating bird species from the United States. funds. Cleveland of OMB; Bill Schuerch and Mr. Speaker, the rapid disappearance of Furthermore, because these tropical Katie Berg of the Treasury Depart- tropical forests is a threat to our national secu- forest funds have integrity, are broadly ment; Claudia McMurray, Stephanie rity. We need these forests to regulate the supported within the host country, we Caswell and Teresa Hobgood of the global environment. They act as critical ‘‘car- have found that conservation organiza- State Department; Jim Hester with bon sinks’’, absorbing massive quantities of tions are interested in placing their USAID; Scott Lampman and others. carbon dioxide that otherwise would contribute own money in these tropical forest In Congress, I want to be sure and to global warming. They also regulate rainfall, funds, which of course produce addi- thank Kristen Gilley and David Killon which is critical to maintaining sustainable ag- tional leverage of the Federal con- of the Committee on International Re- ricultural production across the globe. In addi- servation dollars that we are providing. lations, minority and majority staff; tion, their diverse plants provide a large per- There have been eight TFCA agree- and Mark Synnes of the House Legisla- centage of life-saving medicines. Therefore, as ments included to date: Bangladesh, El tive Counsel for helping us to draft the the forests disappear, some of our opportuni- Salvador, Belize, Peru, the Philippines, bill; and at CRS we got some great help ties to cure debilitating illnesses also vanish. Colombia, and actually two now with from Pervaze Sheikh. For his excellent Mr. Speaker, I strongly support passage of Panama. $49.3 million in Federal con- analysis of the program, I want to this legislation, and urge my colleagues to do tributions have gone into these agree- thank him. And, finally, I want to so as well. ments and $6.3 million in private con- thank Tim Miller of my staff and Jus- Ms. MCCOLLUM. Mr. Speaker, I have tributions from these conservation tin Louchheim, who have taken a per- no further requests at this time, and I NGOs under these eight agreements. sonal interest in this and their com- yield back the balance of my time. Through this we have generated $81.4 mitment to it over the years. Ms. ROS-LEHTINEN. Mr. Speaker, I million in long-term income commit- Again, this is a good program, it is also have no further requests for time, ments for tropical forest conservation, working well, and worthy of reauthor- and I yield back the balance of my so the leverage is out there and is ization. I urge all Members to support time. working. strongly this market-based approach The SPEAKER pro tempore (Mr. The second Panama deal actually that is working to conserve the world’s PENCE). The question is on the motion was just signed last month. Under this most threatened tropical forest. offered by the gentlewoman from Flor- agreement, the U.S. Government con- Mr. LANTOS. Mr. Speaker, the legislation ida (Ms. ROS-LEHTINEN) that the House tributed $6.5 million to reduce debt, before the House continues a vitally important suspend the rules and pass the bill, and the Nature Conservancy contrib- environmental initiative begun during the Clin- H.R. 4654. uted $1.3 million in a second round of ton Administration. The Tropical Forest Con- The question was taken; and (two- agreements now that will generate servation Act has already resulted in the fund- thirds having voted in favor thereof) nearly $11 million for tropical con- ing of programs to conserve over 40 million the rules were suspended and the bill servation over the next 12 years. acres of endangered tropical forests around was passed. This agreement with Panama, along the globe. These preservation efforts are crit- A motion to reconsider was laid on with the previous one, now provides ical to long-term U.S. interests as the tropical the table. over $21 million in total funds avail- forest being saved are estimated to contain f able for conservation purposes. This is 50–90 percent of the earth’s terrestrial bio- a great agreement that helps protect diversity. RECESS the biologically rich forest of Darien Mr. Speaker, I am proud to have had the The SPEAKER pro tempore. Pursu- National Park. opportunity to co-sponsor this reauthorization ant to clause 12(a) of rule I, the Chair Active deals are also being nego- with Congressman ROB PORTMAN. Congress- declares the House in recess until ap- tiated with Jamaica and Sri Lanka. man PORTMAN deserves credit for having the proximately 6:30 p.m. Other countries that have expressed in- foresight to initiate this program with the origi- Accordingly (at 3 o’clock and 13 min- terest in the program and who have eli- nal authorization he crafted in partnership with utes p.m.), the House stood in recess gible debt include Guatemala, Ecuador, the former chairman of the International Rela- until approximately 6:30 p.m. Paraguay, St. Vincent, Botswana, tions Committee, Mr. Lee Hamilton, in 1998. f Costa Rica, the Dominican Republic, Mr. Speaker, the Tropical Forest Conserva- India, Indonesia, Brazil, and Kenya. tion Act has been a tremendous success. It b 1830 H.R. 4654 will improve and refine the has allowed the governments of developing AFTER RECESS Tropical Forest Conservation Act, as countries to get the benefit of improving their was discussed earlier, by better funding local ecosystem when paying down interest The recess having expired, the House audits to ensure the program is oper- owed on debt to the United States. It is sup- was called to order by the Speaker pro ating as expected and as intended and ported by a broad spectrum of environmental tempore (Mr. KLINE) at 6 o’clock and 30 by broadening the governments that advocacy organizations led by the Nature minutes p.m. can participate by allowing principal, Conservancy and the World Wildlife Fund. f not just interest, to be reduced and to This program inspires more prompt debt REPORT ON HOUSE RESOLUTION be redirected into these conservation servicing and gives foreign governments a 700, DIRECTING THE ATTORNEY funds. greater sense of responsibility for preserving GENERAL TO TRANSMIT DOCU- The bill does have an authorization the global environment. MENTS IN THE POSSESSION OF here of $20 million in fiscal year 2005, Already the U.S. has entered into binding bi- THE ATTORNEY GENERAL RE- which is included in the President’s lateral agreements with seven countries: Ban- LATING TO TREATMENT OF budget request. gladesh, Belize, El Salvador, Panama, Peru, PRISONERS AND DETAINEES IN Mr. Speaker, I would like to take a the Philippines and Colombia. These agree- IRAQ, AFGHANISTAN, AND GUAN- moment, if I could, to just thank all ments will generate $70 million for tropical for- TANAMO BAY those who have gotten us to this point est preservation. and worked so hard on this reauthor- The most recent agreement has produced a Mr. SENSENBRENNER, from the ization bill. I want to thank those peo- pledge by Colombia to invest $10 million over Committee on the Judiciary, submitted ple like Bill Millan and Steve McCor- 12 years to protect nearly 11 million acres of a privileged report (Rept. No. 108–658) mick of the Nature Conservancy; its tropical forest. on the resolution (H. Res. 700) directing Randy Snodgrass, Melissa Moye and Among the areas that will be preserved in the Attorney General to transmit to Estrelitta Fitzhugh of the World Wild- Colombia as a result is the Tuparo National the House of Representatives docu- life Fund; Kelly Keenan Aylward with Park. This unique forest contains a rich diver- ments in the possession of the Attor- the Wildlife Conservation Society; and sity of species including jaguars, river dol- ney General relating to the treatment

VerDate Aug 04 2004 04:31 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.027 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6725 of prisoners and detainees in Iraq, Af- Hayes McDermott Ryun (KS) Simpson Towns Wexler Hayworth McGovern Sabo Stark Watt Young (AK) ghanistan, and Guantanamo Bay, Hefley McHugh Sa´ nchez, Linda Tauzin Weldon (FL) which was referred to the House Cal- Hensarling McIntyre T. endar and ordered to be printed. Herger McKeon Sanchez, Loretta ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Herseth McNulty Sanders The SPEAKER pro tempore (Mr. f Hill Meehan Sandlin KLINE) (during the vote). Members are Hinchey Meek (FL) Saxton ANNOUNCEMENT BY THE SPEAKER Hinojosa Meeks (NY) Schakowsky advised there are 2 minutes remaining PRO TEMPORE Hobson Menendez Schiff in this vote. Hoekstra Mica Scott (GA) The SPEAKER pro tempore. Pursu- Holden Michaud Scott (VA) b 1856 ant to clause 8 of rule XX, proceedings Holt Millender- Sensenbrenner Honda McDonald So (two-thirds having voted in favor will resume on motions to suspend the Serrano Hooley (OR) Miller (FL) Shadegg thereof) the rules were suspended and rules previously postponed. Hostettler Miller (MI) Shaw the bill was passed. Votes will be taken in the following Houghton Miller (NC) Shays The result of the vote was announced order: Hoyer Miller, Gary Sherman Hunter Miller, George Sherwood as above recorded. H.R. 4381, by the yeas and nays; and Hyde Moore Shimkus A motion to reconsider was laid on H.R. 4556, by the yeas and nays. Inslee Moran (KS) Shuster the table. Both will be 15-minute votes. Isakson Moran (VA) Simmons Israel Murphy Skelton f f Issa Musgrave Slaughter Istook Myrick Smith (MI) GENERAL WILLIAM CAREY LEE HARVEY AND BERNICE JONES Jackson (IL) Nadler Smith (NJ) Jackson-Lee Napolitano POST OFFICE BUILDING POST OFFICE BUILDING Smith (TX) (TX) Neal (MA) Smith (WA) The SPEAKER pro tempore. The The SPEAKER pro tempore. The Jefferson Neugebauer Snyder Jenkins Ney pending business is the question of sus- pending business is the question of sus- Solis Johnson (CT) Northup Souder pending the rules and passing the bill, Johnson (IL) Norwood pending the rules and passing the bill, Spratt H.R. 4556. Johnson, E. B. Nussle H.R. 4381. Stearns Johnson, Sam Obey The Clerk read the title of the bill. Stenholm The Clerk read the title of the bill. Jones (NC) Olver The SPEAKER pro tempore. The Strickland The SPEAKER pro tempore. The Kanjorski Ortiz Stupak question is on the motion offered by Kaptur Osborne question is on the motion offered by Sullivan the gentlewoman from Michigan (Mrs. Keller Ose the gentlewoman from Michigan (Mrs. Sweeney Kelly Otter MILLER) that the House suspend the Tancredo MILLER) that the House suspend the Kennedy (MN) Oxley rules and pass the bill, H.R. 4556, on Tanner rules and pass the bill, H.R. 4381, on Kennedy (RI) Pallone Tauscher which the yeas and nays are ordered. Kildee Pascrell which the yeas and nays are ordered. Taylor (MS) Kilpatrick Pastor The vote was taken by electronic de- The vote was taken by electronic de- Kind Paul Taylor (NC) vice, and there were—yeas 380, nays 0, vice, and there were—yeas 382, nays 0, King (IA) Payne Terry answered ‘‘present’’ 1, not voting 52, as answered ‘‘present’’ 1, not voting 50, as King (NY) Pearce Thomas Thompson (CA) follows: follows: Kingston Pelosi Kirk Pence Thompson (MS) [Roll No. 423] [Roll No. 422] Kleczka Peterson (MN) Thornberry Tiahrt YEAS—380 YEAS—382 Kline Peterson (PA) Knollenberg Petri Tiberi Abercrombie Camp Doyle Abercrombie Calvert Doggett Kucinich Pickering Tierney Ackerman Cantor Dreier Ackerman Camp Dooley (CA) LaHood Pitts Toomey Aderholt Capito Duncan Aderholt Cantor Doolittle Langevin Platts Turner (OH) Akin Capps Dunn Akin Capito Doyle Lantos Pombo Turner (TX) Alexander Capuano Edwards Alexander Capps Dreier Larsen (WA) Pomeroy Udall (CO) Allen Cardin Ehlers Allen Capuano Duncan Larson (CT) Porter Udall (NM) Andrews Cardoza Emanuel Andrews Cardin Dunn LaTourette Portman Upton Baca Carter Emerson Baca Cardoza Ehlers Leach Price (NC) Van Hollen Bachus Case English Bachus Carter Emanuel Lee Pryce (OH) Vela´ zquez Baird Castle Eshoo Baird Case Emerson Levin Quinn Visclosky Baldwin Chabot Etheridge Baldwin Castle English Lewis (CA) Radanovich Vitter Barrett (SC) Chandler Evans Barrett (SC) Chabot Eshoo Lewis (GA) Rahall Walden (OR) Bartlett (MD) Chocola Everett Bartlett (MD) Chandler Etheridge Lewis (KY) Ramstad Walsh Barton (TX) Clay Farr Barton (TX) Chocola Evans Linder Rangel Wamp Bass Coble Fattah Bass Clay Everett LoBiondo Rehberg Waters Beauprez Cole Feeney Beauprez Clyburn Farr Lofgren Reyes Watson Becerra Collins Ferguson Becerra Coble Fattah Lowey Reynolds Waxman Bell Conyers Filner Bell Cole Feeney Lucas (KY) Rodriguez Weiner Berkley Cooper Foley Berkley Collins Ferguson Lynch Rogers (AL) Weldon (PA) Berman Costello Forbes Berman Conyers Filner Maloney Rogers (KY) Weller Berry Cox Ford Berry Cooper Foley Manzullo Rogers (MI) Whitfield Biggert Cramer Fossella Biggert Costello Forbes Markey Rohrabacher Wicker Bishop (GA) Crane Frank (MA) Bishop (GA) Cox Ford Marshall Ros-Lehtinen Wilson (NM) Bishop (NY) Crenshaw Frelinghuysen Bishop (NY) Cramer Fossella Matheson Ross Wilson (SC) Bishop (UT) Crowley Garrett (NJ) Bishop (UT) Crane Frank (MA) Matsui Rothman Wolf Blackburn Cubin Gerlach Blackburn Crenshaw Frelinghuysen McCarthy (MO) Roybal-Allard Woolsey Blumenauer Culberson Gibbons Blumenauer Crowley Garrett (NJ) McCarthy (NY) Royce Wu Blunt Cummings Gilchrest Blunt Cubin Gerlach McCotter Ruppersberger Wynn Boehlert Cunningham Gillmor Boehlert Culberson Gibbons McCrery Ryan (WI) Young (FL) Boehner Davis (AL) Gingrey Boehner Cummings Gilchrest Bonilla Davis (CA) Gonzalez Bonilla Cunningham Gillmor ANSWERED ‘‘PRESENT’’—1 Bonner Davis (IL) Goode Bonner Davis (AL) Gingrey Bono Davis (TN) Goodlatte Bono Davis (CA) Gonzalez McCollum Boozman Davis, Jo Ann Gordon Boozman Davis (IL) Goode Boswell Davis, Tom Goss Boswell Davis (TN) Goodlatte NOT VOTING—50 Boucher Deal (GA) Granger Boucher Davis, Jo Ann Gordon Baker Gallegly McInnis Boyd DeFazio Graves Boyd Davis, Tom Goss Ballenger Gephardt Mollohan Bradley (NH) DeGette Green (TX) Bradley (NH) Deal (GA) Granger Bilirakis Grijalva Murtha Brady (PA) Delahunt Green (WI) Brady (PA) DeFazio Graves Brady (TX) Gutierrez Nethercutt Brown (OH) DeLauro Greenwood Brown (OH) DeGette Green (TX) Burr Hoeffel Nunes Brown (SC) DeLay Gutknecht Brown (SC) Delahunt Green (WI) Cannon Hulshof Oberstar Brown, Corrine DeMint Hall Brown, Corrine DeLauro Greenwood Carson (IN) John Owens Brown-Waite, Deutsch Harman Brown-Waite, DeLay Gutknecht Carson (OK) Jones (OH) Putnam Ginny Diaz-Balart, L. Harris Ginny DeMint Hall Davis (FL) Kolbe Regula Burgess Diaz-Balart, M. Hart Burgess Deutsch Harman Edwards Lampson Renzi Burns Dicks Hastings (FL) Burns Diaz-Balart, L. Harris Engel Latham Rush Burton (IN) Dingell Hastings (WA) Burton (IN) Diaz-Balart, M. Hart Flake Lipinski Ryan (OH) Butterfield Doggett Hayes Butterfield Dicks Hastings (FL) Franks (AZ) Lucas (OK) Schrock Buyer Dooley (CA) Hayworth Buyer Dingell Hastings (WA) Frost Majette Sessions Calvert Doolittle Hefley

VerDate Aug 04 2004 04:31 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.030 H07PT1 H6726 CONGRESSIONAL RECORD — HOUSE September 7, 2004 Hensarling McGovern Sabo Tauzin Watt Wexler fiscal year ending September 30, 2004, Herger McHugh Sa´ nchez, Linda Towns Weldon (FL) Young (AK) Herseth McIntyre T. for additional disaster assistance. Hill McKeon Sanchez, Loretta ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The Clerk read as follows: Hinchey McNulty Sanders The SPEAKER pro tempore (Mr. H.R. 5005 Hinojosa Meehan Sandlin KLINE) (during the vote). There are 2 Hobson Meek (FL) Saxton Be it enacted by the Senate and House of Rep- Hoekstra Meeks (NY) Schakowsky minutes remaining in this vote. resentatives of the United States of America in Holden Menendez Schiff b 1913 Congress assembled, That the following sums Holt Mica Scott (GA) are appropriated, out of any money in the Honda Michaud Scott (VA) So (two-thirds having voted in favor Treasury not otherwise appropriated, for the Hooley (OR) Millender- Sensenbrenner fiscal year ending September 30, 2004, to pro- Hostettler McDonald Serrano thereof) the rules were suspended and Houghton Miller (FL) Shadegg the bill was passed. vide emergency supplemental appropriations Hoyer Miller (MI) Shaw The result of the vote was announced for additional disaster assistance, namely: Hunter Miller (NC) Shays as above recorded. DEPARTMENT OF HOMELAND SECURITY Hyde Miller, Gary Sherman EMERGENCY PREPAREDNESS AND RESPONSE Inslee Miller, George Sherwood A motion to reconsider was laid on Isakson Moore Shimkus the table. DISASTER RELIEF Israel Moran (KS) Shuster f For an additional amount for ‘‘Disaster Issa Murphy Simmons Relief’’, $2,000,000,000, to remain available Istook Musgrave Skelton Jackson (IL) Myrick Slaughter PERSONAL EXPLANATION until expended, of which up to $30,000,000 may be transferred to ‘‘Small Business Ad- Jackson-Lee Nadler Smith (MI) Mr. RENZI. Mr. Speaker, on Tuesday Sep- (TX) Napolitano Smith (NJ) ministration—Salaries and Expenses’’, for Jefferson Neal (MA) Smith (TX) tember 7, 2004, I was attending a funeral and administrative expenses to carry out the dis- Jenkins Neugebauer Smith (WA) missed the day’s votes. Had I been present, I aster loans program authorized by section Johnson (CT) Ney Snyder would have voted as follows: 7(b) of the Small Business Act: Provided, Johnson (IL) Northup Solis (1) On motion to suspend the rules and That the amounts provided herein are des- Johnson, E. B. Norwood Souder Johnson, Sam Nussle Spratt pass H.R. 4381—Harvey and Bernice Jones ignated as an emergency requirement pursu- Jones (NC) Obey Stearns Post Office Building Designation Act, I would ant to section 402 of S. Con. Res. 95 (108th Kanjorski Olver Stenholm have voted ‘‘yea.’’ Congress), as made applicable to the House Kaptur Ortiz Strickland of Representatives by H. Res. 649 (108th Con- Keller Osborne Stupak (2) On motion to suspend the rules and gress) and applicable to the Senate by sec- Kelly Ose Sullivan pass H.R. 4556—General William Carey Lee tion 14007 of Public Law 108–287. Kennedy (MN) Otter Sweeney Post Office Building Designation Act, I would This Act may be cited as the ‘‘Emergency Kennedy (RI) Oxley Tancredo have voted ‘‘yea.’’ Kildee Pallone Tanner Supplemental Appropriations for Disaster Kilpatrick Pascrell Tauscher f Relief Act, 2004’’. Kind Pastor Taylor (MS) The SPEAKER pro tempore. Pursu- King (IA) Paul Taylor (NC) ANNOUNCEMENT OF INTENTION TO ant to the rule, the gentleman from King (NY) Payne Terry OFFER MOTION TO INSTRUCT Florida (Mr. YOUNG) and the gentleman Kingston Pearce Thomas CONFEREES ON H.R. 1308, TAX Kirk Pelosi Thompson (CA) from Wisconsin (Mr. OBEY) each will RELIEF, SIMPLIFICATION, AND Kleczka Pence Thompson (MS) control 20 minutes. Kline Peterson (MN) Thornberry EQUITY ACT OF 2003 Knollenberg Peterson (PA) Tiahrt Mr. OBEY. Mr. Speaker, I ask unani- Kucinich Petri Tiberi Mr. HILL. Mr. Speaker, pursuant to mous consent that I be allowed to yield LaHood Pickering Tierney rule XXII, clause 7(c), I hereby an- 5 minutes of my time to the gentleman Langevin Pitts Toomey nounce my intention to offer a motion Lantos Platts Turner (OH) from Florida (Mr. YOUNG). Larsen (WA) Pombo Turner (TX) to instruct on H.R. 1308, Tax Relief, The SPEAKER pro tempore. Is there Larson (CT) Pomeroy Udall (CO) Simplification, and Equity Act of 2003. objection to the request of the gen- LaTourette Porter Udall (NM) The form of this motion is as follows: Leach Portman Upton tleman from Wisconsin? Lee Price (NC) Van Hollen I move that the managers on the part of There was no objection. Levin Pryce (OH) Vela´ zquez the House at the conference on the dis- The SPEAKER pro tempore. The gen- Lewis (CA) Quinn Visclosky agreeing votes of the two Houses on the tleman from Florida (Mr. YOUNG) is Lewis (GA) Radanovich Vitter House amendment to the Senate amendment recognized and will control 25 minutes Lewis (KY) Rahall Walden (OR) to the bill H.R. 1308 be instructed to agree, to Linder Ramstad Walsh the maximum extent possible within the of the debate. LoBiondo Rehberg Wamp GENERAL LEAVE Lofgren Reyes Waters scope of conference, to a conference report Lowey Reynolds Watson that Mr. YOUNG of Florida. Mr. Speaker, Lucas (KY) Rodriguez Waxman (1) extends the tax relief provisions I ask unanimous consent that all Mem- Lynch Rogers (AL) Weiner which expire at the end of 2004; and bers may have 5 legislative days in Maloney Rogers (KY) Weldon (PA) Manzullo Rogers (MI) Weller (2) does not increase the Federal which to revise and extend their re- Markey Rohrabacher Whitfield budget deficit. marks and to include extraneous mate- Marshall Ros-Lehtinen Wicker f rial on the bill H.R. 5005, making emer- Matheson Ross Wilson (NM) gency supplemental appropriations for Matsui Rothman Wilson (SC) ANNOUNCEMENT BY THE SPEAKER McCarthy (MO) Roybal-Allard Wolf the fiscal year ending September 30, McCarthy (NY) Royce Woolsey PRO TEMPORE 2004, for additional disaster assistance. McCotter Ruppersberger Wu The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there McCrery Ryan (WI) Wynn McDermott Ryun (KS) Young (FL) ant to clause 8 of rule XX, the Chair objection to the request of the gen- will postpone further proceedings tleman from Florida? ANSWERED ‘‘PRESENT’’—1 today on any additional motions to There was no objection. McCollum suspend the rules on which a recorded Mr. YOUNG of Florida. Mr. Speaker, NOT VOTING—52 vote or the yeas and nays are ordered, I yield myself such time as I may con- or on which the vote is objected to Baker Grijalva Nethercutt sume. Ballenger Gutierrez Nunes under clause 6 of rule XX. Mr. Speaker, first I want to thank Bilirakis Hoeffel Oberstar Any record vote will be taken tomor- the gentleman from Wisconsin (Mr. Brady (TX) Hulshof Owens row. OBEY) for yielding me the additional Burr John Putnam time because, as you might expect, Cannon Jones (OH) Rangel f Carson (IN) Kolbe many Members of the Florida delega- Regula EMERGENCY SUPPLEMENTAL AP- Carson (OK) Lampson Renzi tion would like to be heard on this bill. Clyburn Latham Rush PROPRIATIONS FOR DISASTER Davis (FL) Lipinski Mr. Speaker, Congress has responded Ryan (OH) RELIEF ACT, 2004 Engel Lucas (OK) many, many times to natural disasters Schrock Flake Majette Mr. YOUNG of Florida. Mr. Speaker, in different parts of the country; but I Sessions Franks (AZ) McInnis I move to suspend the rules and pass cannot remember any time when an en- Frost Mollohan Simpson Gallegly Moran (VA) Stark the bill (H.R. 5005) making emergency tire State, and I mean everybody in the Gephardt Murtha supplemental appropriations for the State, was actually affected by a series

VerDate Aug 04 2004 04:31 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.030 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6727 of natural disasters in one way or an- I would simply say I hope in the fu- Florida (Mr. YOUNG), the chairman of other. Unfortunately, thanks to Trop- ture any administration, regardless of the Committee on Appropriations, who ical Storm Bonnie and Hurricane Char- party, will request the amount that started putting together this appro- lie and Hurricane Frances, that is ex- represents their full expectations of na- priation bill even as the hurricane was actly what has happened to Florida in tional need in terms of dealing with still coming ashore, and maybe before the last couple of weeks, and we are disasters. that because of Hurricane Charley and still feeling the effects. I would also hope in the long run we the losses we sustained. I know my As a matter of fact, our sister States can come up with a better way to fi- daughter in DeLand, Florida, ancient, to the north, Georgia and the Caro- nance national disasters, because it gorgeous oak trees in her back lawn, linas, and probably Virginia, sometime seems to me that there ought to be gone. My son in Orlando, a huge oak tonight are all going to feel some of some kind of a self-insurance fund es- tree fell on his house. These things can the effects of Hurricane Frances. tablished between the States, backed change lives in no time. Mr. Speaker, I would like to com- up and guaranteed by the Federal Gov- I think it is remarkable when we see pliment the President of the United ernment so we do not have to keep the expedited process that has been States, the Governor of Florida, the di- funding this on a horseback basis every used here, and this has been done be- rector of FEMA, and the State and time there is another problem. We cause we have got good cooperation on local emergency disaster responders for ought to be able to fund this program both sides of the aisle. The Speaker has the tremendous way they have all much the way we fund worker’s com- been great to bring this up. Over in the worked together to help the people of pensation, with an insurance fund into Senate, we will pass this very clean bill Florida recover. which States buy on an experience- in record time, and it will go to the b 1915 rated basis. That would be much more President. This bill will become signed fiscally responsible than the way we go into law before Hurricane Frances has Mr. Speaker, the damage has been se- about it these days. even left the continental United vere. If Members have watched the tel- Having said that, I urge support on States. In fact, we may be feeling the evision screens, they know what I am both sides of the aisle for this request. winds of this storm right here in Wash- talking about. It has been total dis- I know the gentleman from Florida ington, D.C., while the President is aster in some parts of our State. (Mr. YOUNG) is most concerned about signing the bill which will give us a This supplemental bill is a bill for $2 it. These storms have affected his dis- bridge to the relief we need. billion. It is an emergency declaration. trict significantly. I have been to his On behalf of all of the people of Flor- The reason we have tried to move this district, and it is a beautiful place. As ida and the Florida delegation, I thank bill as quickly as we can, FEMA, which soon as we can get this money down to this House, I thank the Senate and the is handling basically the Federal re- those folks who need it, the better. President of the United States for this sponse, runs out of money probably by There are a lot of my neighbors in expedited procedure. This is remark- midnight tonight. Rather than inter- Wisconsin who spend their winters in able, and it does show that we as Amer- rupt the cash flow to the emergency areas of Florida hit by these two icans deeply care. workers in Florida, we are trying to storms, and we fully expect yet an- Mr. OBEY. Mr. Speaker, I yield 2 move this bill. Hopefully our brothers other storm to be hitting the South- minutes to the gentleman from Florida and sisters in the other body will move eastern region of the country within a (Mr. HASTINGS). it quickly tonight, and it will be on the very short period of time. I think we Mr. HASTINGS of Florida. Mr. President’s desk so there is no inter- have no choice tonight but to act on Speaker, I thank the gentleman from ruption in the cash flow to the people this measure. Wisconsin (Mr. OBEY) for yielding me who need it in Florida. Mr. Speaker, I reserve the balance of this time. I thank he and the gen- This is not going to cover all of the my time. tleman from Florida (Chairman YOUNG) costs of the natural disasters that we Mr. YOUNG of Florida. Mr. Speaker, for their steadfast support for the vic- are dealing with and have been dealing I yield 3 minutes to the gentleman tims of Charley and Frances. The gen- with, but we will take that up at a from Florida (Mr. SHAW), and just note tleman from Florida (Mr. SHAW) has later date. This is an emergency meas- the last time we spoke was on the tele- put in immeasurable time and work, as ure to keep the cash flow moving into phone as Hurricane Frances was com- have others of us who have been di- Florida and FEMA. ing ashore right over his house. rectly impacted. Mr. Speaker, I reserve the balance of Mr. SHAW. Mr. Speaker, I thank the I rise tonight in strong support of my time. gentleman from Florida (Mr. YOUNG) this emergency supplemental appro- Mr. OBEY. Mr. Speaker, I yield my- for yielding me this time, and I thank priations measure. I also echo the self 21⁄2 minutes. the gentleman from Wisconsin (Mr. words of the chairman when he stated Mr. Speaker, I am confident we will OBEY), the ranking member. earlier today that this bill must mere- find overwhelming support in the When a disaster happens in America, ly be a down payment of disaster as- House for this measure. I am certain it we are not Democrats and Republicans, sistance to Florida’s hurricane victims. will be bipartisan to a very great de- we are Americans, and we care about I know that all of our colleagues join gree. I certainly expect to be voting for each other. We suffer with each other, me in expressing sympathy and under- it. we cry with each other, and we pray standing to those who lost their homes, I would simply make one observation with each other. their belongings, and in some cases in the process, however. We should not I was taken by a photograph which their loved ones who were either killed be surprised that FEMA is at this point was in this morning’s Fort Lauderdale or injured to Charley and Frances. We running out of money, because in the Sun Sentinel of a woman who had just stand united in our efforts to help conference on the legislative appro- lost her entire home, and she was on those who have lost so much. priation bill last year when additional her way to get in line for some ice and In the district that I am privileged to supplemental funding for FEMA was water. This tells us how quickly we can represent, the wrath and strength of being attached, a number of us on this lose everything in this world, and how Frances is clear and evident. Hundreds side of the aisle warned at that time, I important it is that we as a Nation pull of homes have literally been destroyed know the gentleman from Washington together and come forward with some and all but scraps of wood remain. Our (Mr. DICKS) did, I know I did, we relief which is so badly needed. citrus, sugar and tomato fields are warned at that time that because we Up in the central part of the State, flooded, and more than 2 million homes were appropriating $800 million less we had Hurricane Frances following remain without electricity days after than the historical average of the last Charley, which was described on tele- the storm has passed and for some days 5 years, we would not have enough vision as big as the State of Texas. It to come. For the millions who have money without additional funding. And covered the entire State of Florida, as been affected, life has come to a stand- now because of that shortfall, it is ob- the chairman correctly pointed out. still. vious we have no choice but to move I also want to be sure that we give As a fifth-generation Floridian, I tonight. proper credit to the gentleman from know firsthand that hurricanes and

VerDate Aug 04 2004 04:31 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.035 H07PT1 H6728 CONGRESSIONAL RECORD — HOUSE September 7, 2004 tropical storms are part of life in south These additional grants will allow and wages from their jobs and small Florida. But if Andrew, and most re- these individuals, homeowners, busi- businesses. This is very timely. I want cently Charley and Frances, taught us ness owners and local governments, to thank the ranking member for al- anything, it is that the resilience of who are, again, as the gentleman from lowing me to have time, but let us also our community to recover and rebuild Florida (Mr. YOUNG) has said, now as remember our veterans and VA hos- is stronger than anything Mother Na- we speak, are facing the damaging and pitals. ture will ever throw our way. With flooding rains of Hurricane Frances, to Mr. YOUNG of Florida. Mr. Speaker, time and the necessary resources, I am quickly get back on their feet. That is I yield myself 30 seconds. I want to as- confident we will recover. why I am here to support its swift pas- sure my very distinguished friend and I am deeply grateful to the full lead- sage. colleague from Florida that we under- ership of both sides in this instance, Mr. OBEY. Mr. Speaker, I yield 2 stand that there are many expenses and our hearts go out to those that minutes to the gentleman from Florida that will need to be covered, but we do have lost so much. The gentleman from (Mr. MEEK), a member of the com- not know exactly what they are yet; so Florida (Mr. YOUNG), the gentleman mittee. this is really a stopgap to keep the from Florida (Mr. SHAW), all of us in Mr. MEEK of Florida. Mr. Speaker, it cash flowing to Florida today. But we Florida really have a lot of work to do is an honor to be on the floor not only will revisit this and the President has in the future. Like the gentleman from with the gentleman from Wisconsin, acknowledged that he would be asking Wisconsin (Mr. OBEY) spoke about es- but also with the chairman of the Com- for an additional supplemental once tablishing an appropriate relief fund, it mittee on Appropriations. those figures are available to us. We is something long overdue in this Con- Mr. Speaker, I think it is very impor- are going to move quickly. I appreciate gress, and this may be a good first step tant not only for Members of Congress, the gentleman’s comments. for us to be reminded that it is time for but the rest of the United States to un- Mr. MEEK of Florida. Mr. Speaker, if us to have a disaster fund in Congress. derstand that Florida has gone through the gentleman will yield, I know a wise Mr. YOUNG of Florida. Mr. Speaker, quite a bit, and there are other States man such as himself is fully aware of I yield 2 minutes to the gentleman that are affected as relates to the what I just shared with the other Mem- from Virginia (Mr. CANTOR), who had flooding and some of the aftermath of bers. I want to thank the gentleman floods of 6 to 7 feet in Virginia streets the hurricanes. for sharing that with the rest of us. from Tropical Storm Gaston. Mr. YOUNG of Florida. Mr. Speaker, b 1930 Mr. CANTOR. Mr. Speaker, I thank I yield 1 minute to the gentleman from the gentleman from Florida (Chairman But I also want to add, and I want Florida (Mr. FOLEY), who experienced YOUNG) and the gentleman from Wis- the Members and I know it is not in not only Frances but Charley as well. consin (Mr. OBEY), the ranking mem- this bill, I know we have $2 billion that Mr. FOLEY. Mr. Speaker, I would ber, for bringing this bill forward in is going to FEMA. We have, I believe, like to take this moment to thank the such an expedited fashion. $30 million going to the Small Business wonderful hardworking and dedicated As the chairman suggested, many Administration. But I think it is im- employees of the emergency operating States in this country, especially in portant to remember that the VA was centers of Charlotte County, High- the Southeast, have felt the effects of also hit in this storm. In Palm Beach, lands, Palm Beach, Martin, St. Lucie, devastating hurricanes and tropical I know some of the Members can attest Okeechobee, Glades, and Hendry. I storms. On August 30, which was Tues- to it, that it is important that we have would like to thank Mike Brown and day of last week, Tropical Storm Gas- emergency funding in a bill, not in this his capable staff at FEMA. I would like ton unleashed 10 to 14 inches of rain on particular bill, but in another supple- to thank President Bush for visiting Richmond, Virginia, over the span of mental coming up for the losses that our citizens in the storm-ravaged com- only 4 hours. This massive rainfall was the Department of Veterans Affairs munities of Punta Gorda and, tomor- responsible for the loss of eight lives, was not included in this bill. row, Fort Pierce. I would like to thank heavy flooding, and millions of dollars The VA in West Balm Peach and in Governor Bush for his tireless commit- of property damage. the middle of this storm, clinics in ment to our State’s fragile citizens, the As Richmonders began the long Brevard and also Port Charlotte re- United Way, and the Red Cross. clean-up, the costs are beginning to ceived lesser damage than their main It is amazing to me how beautiful mount. The storm caused 20 blocks in facility in West Palm Peach. In the this Nation is when our fellow citizens Richmond to be condemned as uninhab- middle of the storm, it was flooded. have been found wanting and hurting. itable and did what is expected to be They had to move people to the second You have all heard the plea from Flor- $60 million to $80 million of damage. floor. That is something that we defi- ida’s citizens for help, and you have an- Business owners and residents in Rich- nitely need to think about, and I know swered that plea today, not just with mond lost their homes, companies and it is something we will include, hope- money but with prayers, not just with cars because of the rapid flooding. One fully, in the future for these patriots prayers but with help, and not just of the hardest-hit areas, Shockoe Bot- that have laid it down for the very de- with help but with hope. We will re- tom, is a busy commercial area of mocracy that we celebrate today. build. We will be stronger and better Richmond, and its destruction will dra- But I am excited about the fact that than ever. I ask my citizens in Florida matically affect the area’s economy. not only Floridians but also others can to be patient. I know you are under Last week I wrote the President to count on the Congress responding in great stress, but help is on the way. ask that Virginians affected by Trop- the way that we are, because we are This bill will provide it. This Congress ical Storm Gaston be given immediate spending their tax dollars. It is not like will respond. And our President is Federal assistance. Friday, President we are giving them something. This is doing all he can with the help of FEMA Bush responded swiftly by declaring something that they have invested in to make certain this misery and pain is these hard-hit areas of central Virginia our government, rightfully so; and we short-lived. Federal disaster areas, allowing them are responding to them in their time of Mr. OBEY. Mr. Speaker, I yield 2 to be eligible for loans and grants need. minutes to the gentleman from Florida through FEMA and the Small Business Mr. Speaker, I encourage, like I know (Mr. DEUTSCH). Administration. that Members will, when they open the Mr. DEUTSCH. Mr. Speaker, there is Mr. Speaker, that is why I am here in board up to allow an opportunity to an expression those of us in Florida oc- support of the chairman’s bill for the vote on this emergency supplemental, I casionally use that there are two types supplemental funding for FEMA and am pretty sure that every Member of of Americans, those that live in Flor- SBA to respond to the storm. Disaster this Congress will be in support of that. ida and those that want to live in Flor- relief and emergency aid that FEMA I would like to commend the local gov- ida. And if people live long enough, and SBA are providing in Richmond is ernments and their response to our re- generally that might be where they end one of the best and most appropriate cent natural disasters and their contin- up. functions of government, and one in ued support and commitment. Also to I remember the first year I came to which Congress should fully invest. those Floridians that have lost time this Chamber, and I see many of my

VerDate Aug 04 2004 04:31 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.037 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6729 colleagues who joined me that first Mr. OBEY. Mr. Speaker, I yield 2 Just 3 weeks later, another massive year, Congressman DIAZ-BALART, Con- minutes to the gentlewoman from hurricane slammed many of the same gressman HASTINGS, and others. Right Florida (Ms. CORRINE BROWN). areas that had already been wrecked by after Hurricane Andrew was the last Ms. CORRINE BROWN of Florida. Charley. Charlotte Harbor was hit time our State experienced something Mr. Speaker, I stand here before you in twice hard. As I took stock of the dev- of the magnitude of what we are expe- support of this bill. My district has astation one day after Hurricane Char- riencing today. My colleague from been devastated by the record number ley hit, I found remarkable the terrible West Palm Beach just used the words of storms that have made landfall this damage, the scale of destruction, and that were the catch words after Hurri- hurricane season. Many people in my how people’s lives were affected. But I cane Andrew: we will rebuild. In fact, district are still without power. I want was more impressed by the response, we rebuilt and we rebuilt stronger and to thank Chairman YOUNG and the local, State and Federal, all working we rebuilt more significantly and a ranking member. together; and it was hot, and it was better community after the disaster of In 1992, FEMA was in shambles. To- miserable. It was amazing to see how Hurricane Andrew. I am confident that night I want to send a special thanks well they were doing. we will do the same after Frances and to President Clinton and to Director And they are still there. This ordeal Charley. Witt whose leadership was instru- has consumed the entire State of Flor- One of the advantages and disadvan- mental in getting this organization ida, and Governor Bush has been stead- tages of literally living in paradise is working and back on track. And I want fast in these times of crisis and we that we actually are a location on the to thank all of the volunteers who thank him. I commend and thank him planet Earth where hurricanes find worked together to bring relief to the especially for his strong leadership not their way on a pretty regular basis. I victims of Bonnie, Charley, and now once but twice; and I pray not for a am proud of the response of the people Hurricane Frances. Working side by third time, and hope Ivan will go else- of Florida during this last disaster. I side and neighborhood to neighbor- where. Our Senators BOB GRAHAM and look forward to the continued effort hood, they have helped all of us weath- BILL NELSON also have done a fabulous and prayers and specific things of ever the storms. We are truly blessed job. They have met the challenges di- eryone in this country. The President that no further lives were taken during rectly on the ground and, working as is planning on coming back to Florida this latest storm. legislators, they have served our State tomorrow, an unexpected visit sooner We need a dedicated method of fund- and our country with great distinction. than after the Charley disaster. Unfor- ing, not piecemeal dollars here and Hurricanes are a part of life in Flor- tunately, at this point I do not expect there, to adequately meet the needs of ida. It comes with the territory. But to be able to join him because I hope to Florida and any other disaster that oc- the past 4 weeks have been extraor- be on this floor passing this, as has curs in this country. I hope that we dinary. Not since 1950 have two power- been mentioned, hopefully unani- will have a clean bill, one that is not ful hurricanes hit Florida in the same mously, the $2 billion. loaded or loved to death with amend- In the 12 years since Andrew, we have year, let alone the same month. ments that do not pertain to the sup- had many supplementals of disasters FEMA’s relief funds need to be replen- port and help of people who truly need that have faced this country. I think it ished now, and this funding will do just is really part of the greatness and the the relief these funds promise. Thanks that. Appropriations Chairman BILL really shining moments of this Con- again for the support. YOUNG, a great Floridian, has given us I also want to mention all of the or- gress when we acknowledge our debt the leadership response that has been ganizations, FEMA, but under that the and our relationship to every other cit- effective and instantaneous. Delega- Army Corps have worked extremely izen of the United States as we pass tion Chairman CLAY SHAW has orga- hard and many community organiza- this supplemental tomorrow. I urge its nized us to work together. We are adoption. tions and groups, the Red Cross. They grateful. I urge support for the bill. Mr. YOUNG of Florida. Mr. Speaker, are too numerous to name, so I want to Mr. OBEY. Mr. Speaker, I reserve the I yield 1 minute to the very distin- make sure I revise and extend my re- balance of my time. guished gentlewoman from Florida marks so I can thank all of these peo- Mr. YOUNG of Florida. Mr. Speaker, (Ms. GINNY BROWN-WAITE). ple that have come together, the fire I yield 1 minute to the very distin- Ms. GINNY BROWN-WAITE of Flor- departments, the mayors, local govern- guished gentlewoman from Florida ida. Mr. Speaker, in Florida we have ments, the Federal agencies. Senator (Ms. ROS-LEHTINEN). lived through Charley and Frances, and NELSON has been on the ground from Ms. ROS-LEHTINEN. Mr. Speaker, I my area has been hard hit by both day one. I want to thank everybody am privileged to be part of this Florida storms. All eight of my counties have and all of the Florida delegation and delegation. We are working in unison sustained damage, both from wind and all of the people that worked together and in a very strong bipartisan manner from storm surge. Myself, my own to make things better for the people of through the good times and the bad property has sustained some damage Florida. times. After Hurricane Andrew hit my due to it. We have had the hopes of Mr. YOUNG of Florida. Mr. Speaker, district so strongly 12 years ago, we many Floridians dashed. Businesses I yield 11⁄2 minutes to the very distin- learned valuable lessons about emer- have been harmed, agriculture, homes. guished gentleman from Florida (Mr. gency preparedness and responses to Yet the spirit of the average citizen GOSS), former chairman of the Perma- devastation such as that. After that, living in Florida is upbeat. They know nent Select Committee on Intelligence. building codes were strengthened so that they will rebuild and that Florida (Mr. GOSS asked and was given per- that structures could withstand these will again be a great, healthy, and vi- mission to revise and extend his re- winds that were so devastating. So we brant State. Neighbors have been help- marks.) learned our lesson in Hurricane An- ing neighbors, and that is the good Mr. GOSS. Mr. Speaker, this funding drew. But Floridians are resilient peo- news. is real money that will bring real relief ple. We have to keep learning new les- There are groups out there such as to the people in Florida who have been sons as every hurricane season rolls the Christian Contractors Association devastated by Hurricanes Charley and around, and we are going to come back who have been helping people, seniors Frances and who need help. As Gov- stronger than ever. We have faith in without a lot of funds repair their ernor Bush said to us, we have devel- each other. We have faith as a people, homes, take down trees, et cetera. Cer- oped a case, perhaps, of ‘‘hurricane am- as a community; and we know that no tainly the Red Cross, the Salvation nesia’’ in recent years in Florida. We hurricane can knock Floridians off our Army and FEMA, along with a myriad certainly no longer have that. In my feet for very long. of other agencies, are out there assist- district alone, Charley severely dam- We thank individuals like Chairman ing people. Florida will survive Charley aged homes, four hospitals, cut a bar- YOUNG and Congressman SHAW, the and Frances; and for all of the citizens rier island in two, left thousands with- dean of our delegation. With their lead- out there, they need to be in touch out power, left thousands without em- ership, they have made sure that this with FEMA. That is what this emer- ployment, changing life forever for appropriations will be spent in a wise gency funding is all about. some people. way and will be given to FEMA for this

VerDate Aug 04 2004 04:31 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.039 H07PT1 H6730 CONGRESSIONAL RECORD — HOUSE September 7, 2004 disaster emergency. And we want to could to prepare for this disaster, one truly shines. And we are seeing another thank Governor Jeb Bush who has been can only do so much. example. We are seeing unity. We are coordinating this emergency response So I urge my colleagues to support seeing how the ranking member has and President Bush who is going to be this so that we can once again get the been so generous with his time and also touring in the Miami National Hurri- money to the people that are hurting working with the chairman to make cane Center. FEMA and the Red Cross now and come back and help those at a sure that this is a reality. The people volunteers, Salvation Army, faith- later time. I urge the adoption of this who deserve and need the help get it as based organizations, all Floridians bill. soon as possible. have come together in this moment of Mr. OBEY. Mr. Speaker, would the But I have to take this opportunity, crisis. Speaker be kind enough to inform me Mr. Speaker, to thank a number of peo- Mr. YOUNG of Florida. Mr. Speaker, how much time I have remaining? ple. President Bush, who from day one I yield 1 minute to the gentlewoman The SPEAKER pro tempore (Mr. has been incredibly supportive and has from Florida (Ms. HARRIS). KLINE). The gentleman from Wisconsin led the relief effort. Governor Bush and (Ms. HARRIS asked and was given (Mr. OBEY) has 41⁄2 minutes remaining, his cabinet have done an incredible job. permission to revise and extend her re- and the gentleman from Florida (Mr. They have been on the field. The people marks.) YOUNG) has 11 minutes remaining. from FEMA have been amazing. We run Ms. HARRIS. Mr. Speaker, during Mr. OBEY. Mr. Speaker, I at this into them all over in Florida. I was the last month, the worst cir- point have no further requests for with a group of them in Miami recently cumstances have summoned the best of time. There may be one other Member where the Governor was there as well. humanity. Having endured the unre- coming. So if the gentleman from Flor- The Small Business Administration, lenting fury of two major hurricanes, ida needs more time, I would be happy the first responders, Mr. Speaker, po- Floridians from all walks of life have to yield him 21⁄2 additional minutes. lice officers, firefighters, everybody linked arms in their determined effort Mr. YOUNG of Florida. Mr. Speaker, who has come together to make sure to rescue, recover, and rebuild. More- I appreciate the gentleman’s gen- that the suffering is minimized as over, the generous and compassionate erosity, and that may be the case. We much as possible, and I just want to soul of America has once again become will deal with our speakers and then thank everybody. And, of course, our manifest through the hearts and hands see where we stand. I thank him for guardian angel always, the chairman of of the volunteers who have traveled yielding me the time. the Committee on Appropriations from hundreds, sometimes thousands, of Mr. OBEY. Mr. Speaker, I reserve the our great State of Florida, who is al- miles to assist our local first respond- balance of my time. ways there leading every single fight ers. Mr. YOUNG of Florida. Mr. Speaker, for the people of Florida. Mr. YOUNG of Florida. Mr. Speaker, Even before the storms hit, Governor I yield 1 minute to the gentleman from I yield 2 minutes to the very distin- Bush had marshaled the resources nec- Florida (Mr. LINCOLN DIAZ-BALART). guished gentleman from Florida (Mr. essary to provide victims with rapid as- Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I thank the MICA). sistance. During the grueling after- Mr. MICA. Mr. Speaker, I thank the math, his reassuring presence through- chairman of the Committee on Appro- priations and the ranking member for gentleman for yielding me this time. out the State has served as an essential I want to spend a second and also bringing forth this legislation so quick- source of comfort and hope. echo my appreciation to the gentleman ly to make certain that there is no from Florida (Chairman YOUNG), to b 1945 interruption in the assistance that both sides of the aisle, for bringing for- President Bush and FEMA have like- FEMA and the Small Business Admin- ward this legislation; to the leadership wise delivered a quick and effective re- istration are providing to the victims of President Bush and his administra- sponse from the Federal level. I par- of the two hurricanes that have caused tion, who have acted, in advance of ticularly wish to commend U.S. Agri- so much damage in Florida in recent culture Secretary Ann Veneman for both this latest storm and the previous weeks. storm we had; for the leadership, the her swift approval of disaster relief for I have been very proud of, just like fantastic assistance provided Governor our farmers and growers. today, the response that we see from Bush. He has just been on the job work- Finally, I wish to thank the gen- the Congress. Obviously the Speaker ing day and night. And I would be re- tleman from Florida (Chairman YOUNG) and the leadership have demonstrated miss if I did not mention all of the and the gentleman from Florida (Mr. tremendous solidarity with the people local officials. I represent some six SHAW), our delegation Chair, for their of Florida today. I have also been very counties, and many of those people leadership in requesting the Presi- pleased to see the promptness and the have been through two disasters now, dent’s $2 billion for additional disaster seriousness and the leadership of the and they have worked nonstop. So, relief funding and look forward to President and the Governor, who, even again, my congratulations. working with our entire State delega- before the first hurricane, Charley, hit This money that we are sending from tion to provide our constituents with Florida, there had been a major dis- Washington is part of the great the help they so desperately need and aster area declared by the President strength of our Nation, part of the deserve. pursuant to the request of the Gov- strength of a Federal system, and it is Mr. YOUNG of Florida. Mr. Speaker, ernor. the people’s money, the taxpayers’ I yield 1 minute to the distinguished So everything that can be done is money. And when we have a need, it is gentleman from Florida (Mr. being done. It is important for the peo- appropriate that we do provide assist- CRENSHAW), a member of the Com- ple to know that we will continue to do ance from the country to an area that mittee on Appropriations. everything that we can to alleviate is hard hit, whether it is Florida; Rich- Mr. CRENSHAW. Mr. Speaker, I their need in this very difficult mo- mond, Virginia; or other parts of the thank the chairman for yielding me ment. I thank again the gentleman Nation. So it is one of the great this time, and I thank the chairman for from Florida (Mr. YOUNG) for bringing strengths of our Nation and our people. his leadership in this area. this forward with such promptness. Finally, I want to say that Florida is This is money, Mr. Speaker, that will Mr. YOUNG of Florida. Mr. Speaker, open for business. I chair the Aviation go to help people who are hurting right I yield 1 minute to the distinguished Subcommittee. All of our major air- now, and, believe me, there are a lot of gentleman from Florida (Mr. MARIO ports are open. I want to thank Marion people in Florida who are hurting. DIAZ-BALART). Blakey, the head of FAA, she worked Even in my area in northeast Florida Mr. MARIO DIAZ-BALART of Flor- nonstop, and Woody Woodward, our na- where we did not suffer any direct ida. Mr. Speaker, I, too, want to thank tional airports administrator, to make brunt of the hurricane, thousands of the chairman for the quickness of this certain that Florida, which depends on people are without electricity. Their measure, this important measure. travel and aviation, is open for busi- homes have been damaged. And while As we have heard before, when tough ness. State, local, and Federal officials did a things happen, when the American peo- But we are open for business. There great job of doing everything they ple are suffering, is when the country are some pockets in the southwest and

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.040 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6731 some in the southeast, but our major to protect property, to protect lives, to for other purposes, which was referred attractions are open. All of our inter- do whatever was necessary; and they to the House Calendar and ordered to states and our roads, I have reports just deserve a tremendous vote of con- be printed. back as a member of the Committee on fidence and vote of gratitude from f Transportation and Infrastructure, are Florida. open. And we want people to do us a All in all, as one of my colleagues b 2000 favor by not canceling their plans to from Florida said, this has been a great SPECIAL ORDERS visit Florida. We will dust ourselves experience of coming together when The SPEAKER pro tempore (Mr. off. We will clean up a bit. But people people need help. As I said earlier in KLINE). Under the Speaker’s announced can help Florida by not canceling their my remarks, all of Florida was affected policy of January 7, 2003, and under a plans, but coming to Florida. We are one way or another, which was very un- previous order of the House, the fol- open for business, and we will prevail. usual. We have an earthquake or a fire lowing Members will be recognized for Mr. OBEY. Mr. Speaker, I yield back or a flood or whatever that might be, 5 minutes each. the balance of my time. we respond quickly, and usually it is in Mr. YOUNG of Florida. Mr. Speaker, a part of a State or a community, but f I yield myself the balance of my time. in this case the entire State of Florida SAUDI ARABIA AND TERRORISM: First let me say that I am so proud was affected. So as chairman of this THE PAINFUL TRUTH to be a part of this Florida delegation committee and as the introducer of that has come together so strongly as this bill, I appreciate the way that the The SPEAKER pro tempore. Under a we do when matters affect our State. House is moving to move this bill over previous order of the House, the gen- All of our Members on both sides of the to the Senate, which I believe will tleman from Indiana (Mr. BURTON) is aisle have just been dynamic in sup- deem it passed tonight and get it to the recognized for 5 minutes. porting each other in the problems President. Mr. BURTON of Indiana. Mr. Speak- that we might experience in our dis- Mr. KELLER. Mr. Speaker, I rise today in er, a tragedy occurred in Russia this tricts because of this one tropical support of this emergency supplemental ap- past week. Thirty Chechen rebels took storm and two hurricanes. propriations bill to provide $2 billion to FEMA control of a schoolhouse on the first I want to especially thank the gen- to help the citizens of Florida recover from day of school, and they killed at least tleman from Wisconsin (Mr. OBEY) for Hurricanes Charley and Frances. 338 people, half of them children who working with me as we moved ahead I am sensitive to the fact that these two hur- were going to school for their first day. with this bill to decide how we are ricanes have had a devastating impact on the According to the reports, 10 of those going to do it, what the bill was going lives of several hundred thousand Central Flo- people who were terrorists were Arabs; to look like, and the gentleman from ridians. My own mom, Lora Keller, completely and we believe that they were probably Wisconsin (Mr. OBEY) was very sup- lost her home in Hurricane Charley. from Saudi Arabia. portive, and I have to say I just really Despite these temporary heartaches, I am One of the problems that we have had appreciate the support that he gave us. optimistic about Florida’s future. Congress, es- in the past is a lot of the terrorist ac- After Hurricane Charley, I went to pecially those of us from Florida, will work tivity has been emanating and origi- south Florida with President Bush, very closely with President Bush and Gov- nating from Saudi Arabia, ostensibly where he announced that he would be ernor Bush over the next few days to help re- friends of the United States of Amer- asking for this supplemental to make build Florida quickly, and even stronger than ica. Osama bin Laden is a Saudi. Fif- sure that the cash flow continued, and before. teen of the 19 terrorists that flew the I was there to assure him that we This $2 billion will be able to help Central planes into the World Trade Center and would move this bill as expeditiously Florida families with things like temporary the Pentagon and the plane that went as we could. The House convened at 2 lodging, food and water supplies, medical care down in Pennsylvania were Saudi Ara- o’clock today after the summer district and will allow roofs to be repaired. bians. work period, and at 2 o’clock I intro- I urge my colleagues to vote ‘‘yes’’ on this The Saudis have been funding for duced this supplemental appropriations important legislation. many, many years madrassas where bill. And thanks to the support of the Mr. YOUNG of Florida. Mr. Speaker, Wahhabism is taught. Wahhabism is a gentleman from Illinois (Speaker I yield back the balance of my time. radical fundamentalist Muslim religion HASTERT) and the gentleman from The SPEAKER pro tempore. The that is being taught in the schools that Texas (Mr. DELAY), our majority lead- question is on the motion offered by teaches the children to hate Christians er, and the gentleman from Missouri the gentleman from Florida (Mr. and Jews and teaches them to per- (Mr. BLUNT), our majority whip, every- YOUNG) that the House suspend the petrate violent acts. one came together to help us move this rules and pass the bill, H.R. 5005. Well, the Saudis today said that they legislation that is so important. The question was taken; and (two- are going to try to change the edu- I want to thank the President of the thirds having voted in favor thereof) cational system over there so no rad- United States for recognizing the needs the rules were suspended and the bill ical fundamentalism can be taught of Florida. I want to thank Governor was passed. that would lead to this kind of ter- Bush, who has done really a dynamic A motion to reconsider was laid on rorist activity. job in helping to manage not only as the table. I would just like to say tonight, Mr. we led up to the hurricanes, but during f Speaker, that it is high time, high the hurricanes and following the hurri- time, that the Saudis, whom we have canes for recovery. He has just been an REPORT ON RESOLUTION PRO- been supporting with our dollars, buy- amazing manager, and he has worked VIDING FOR CONSIDERATION OF ing our oil from them, for many, many with everyone at the State and local H.R. 5006, DEPARTMENTS OF years, it is high time that they stopped level just to do the very best we could LABOR, HEALTH AND HUMAN this terrorist activity which has been to help the people of our State that SERVICES, AND EDUCATION, AND originating in their country. were hurt so bad. RELATED AGENCIES APPROPRIA- The Saudi royal family has been giv- FEMA, we have talked about FEMA TIONS ACT, 2005 ing money to radical organizations. this afternoon, and FEMA has done an Ms. PRYCE of Ohio (during consider- They have been giving money to fami- outstanding job. There are numerous ation of H.R. 5005) from the Committee lies of people whose children blew other Federal agencies that have also on Rules, submitted a privileged report themselves up while killing people in been involved, and they have all just (Rept. No. 108–66) on the resolution (H. Israel and the West Bank and in what really turned to and helped our State Res. 754) providing for consideration of is called Palestine. The Saudi Govern- as we recover from these disasters. The the bill (H.R. 5006) making appropria- ment has been giving money to al- Florida National Guard, I talked to tions for the Departments of Labor, Qaeda in the past. General Burnett early as Charley was Health and Human Services, and Edu- Mr. Speaker, all I can say tonight is approaching, and General Burnett had cation, and related agencies for the fis- that the Saudis continue to tell us that mobilized the Guard, ready to move in cal year ending September 30, 2005, and they are our friends. They tell us they

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.042 H07PT1 H6732 CONGRESSIONAL RECORD — HOUSE September 7, 2004 want to stop terrorism. Yet, time after cents per month to handle rising ex- HONORING THE FIRST RESPOND- time after time, we see terrorist activ- penses. Seniors have increasing hous- ERS OF THE ELEVENTH DIS- ity taking place, and who has been in- ing costs, high gas prices, rising gro- TRICT OF GEORGIA volved? It is the Saudi people, and it is cery bills and the prospects of record The SPEAKER pro tempore. Under a people who have been taught in the heating bills this winter, just like ev- previous order of the House, the gen- madrassas, who have been taught that eryone else. Does 4 cents a month tleman from Georgia (Mr. GINGREY) is radical fundamentalism that is called sound like enough of a cost-of-living recognized for 5 minutes. Wahhabism. increase to cover inflation and ex- Mr. GINGREY. Mr. Speaker, in the Mr. Speaker, I would like to say to penses? short time that I have been a Member my colleagues tonight that this gov- of this Congress, of this body, the ernment, the Government of the The retirees I know pay very close House of Representatives, I have come United States through the State De- attention to information about their to expect a good measure of partisan- partment, must continue to tell the health insurance costs because they ship and partisan rhetoric that occurs Saudis that they must take these peo- need to watch every dime. But the on the floor of the House, especially ple on, they have to stop this terrorist same cannot be said of President Bush during this, a Presidential election activity emanating and originating in and the Republican Congress. The so- year. I have come to expect that, but their country, and they have to stop called Medicare reform bill that they not to enjoy it. this type of teaching of the children. are so quick to praise is largely to But I want to say, Mr. Speaker, to They have been allowing this teaching blame for the premium increases and my colleagues, that the past hour I to go on for 25 to 30 years now. Medicare’s ongoing financial difficul- have sat here in this Chamber and seen It is high time that this stopped, be- ties. a great measure of bipartisanship as cause the children who are growing up our chairman of the Committee on Ap- today are going to be the terrorists of The Medicare reform bill, with a propriations, the gentleman from Flor- tomorrow; and if they continue to let price tag of $549 billion, spends more ida (Mr. YOUNG), and the ranking mem- that happen in their schools, we are money to pad the pockets of corporate ber, the gentleman from Wisconsin going to have to face this not only executives than it does to pay for pre- (Mr. OBEY), came together to bring us now, but our children and our grand- scription drugs or for more comprehen- this emergency supplemental appro- children are going to be facing this sive medical coverage for seniors. More priation to help the people in Florida kind of terrorist activity down the than 60 percent of the bill’s cost is at- who have been devastated by Hurri- road. tributable to $139 billion in overpay- canes Charlie and Frances with this $2 Osama bin Laden, al-Qaeda, the ments to pharmaceutical companies, billion stopgap measure to get money Taliban, all of them have to be de- $70 billion in subsidies to corporations to FEMA, the Federal Emergency Man- feated. We are in a world war against and $130 billion in overpayments to agement Administration, to help the terrorism, and we need every govern- people of Florida in a bipartisan way, Medicare HMOs. These expenses do ment of the world that believes in free- and to have us have this discussion led nothing to improve the quality of dom and democracy and the things we by the delegation from Florida, both believe in to be on our side. That in- health care that seniors receive, but Republicans and Democrats. cludes the Saudis. They are going to they certainly have a negative impact This is the kind of bipartisanship have to take a hard line. on the affordability of that care. that the people of this country and the f Today’s retirees will not be the only great State of Florida deserve to see ones to pay the price for the short- more of. In fact, it reminded me that MEDICARE PREMIUM INCREASE we are coming up pretty soon, this Sat- SQUEEZES SENIORS’ BUDGETS sighted, irresponsible agenda of Presi- dent Bush and the Republican Con- urday, in fact, on the third anniversary The SPEAKER pro tempore. Under a gress. We all will, in today’s budget of a tragic event in this country. Of previous order of the House, the gen- deficits and tomorrow’s skyrocketing course, I am speaking of 9/11, when this tleman from New York (Mr. HINCHEY) Medicare costs. body again was at its finest moment is recognized for 5 minutes. when they came together and there Mr. HINCHEY. Mr. Speaker, last None of the Medicare bill’s $549 bil- was not that level of partisanship, and Thursday President Bush got up on his lion price tag was paid for, which we pulled together for the benefit of all $2.5 million podium and crowed about means it only adds to the Federal Americans. how his Medicare reform bill was mak- budget deficit. The growing budget def- So, Mr. Speaker, tonight I want to ing health care more affordable for sen- icit in turn means that we will not be rise and pay tribute to the first re- iors. But less than 24 hours later, this able to put any money aside to shore sponders whose selfless service and administration announced the largest up Medicare’s finances for the impend- hard work keep the citizens of the Na- increase in Medicare premiums in his- ing retirement of the baby boom gen- tion, but particularly Georgia and my tory. eration. Under this leadership, today’s eleventh district, safe and secure each Beginning in January, retirees and seniors and tomorrow’s retirees can ex- and every day. the disabled will see their Medicare pect many years of outrageously high Just as the moniker suggests, our premiums rise by $11.60 per month, to Nation’s first responders are the first increases. $78.20. That is an increase of 17 percent. to arrive at the scene and usually the It comes on the heels of last year’s This is just another example of the last to leave. They are the brave souls whopping 14 percent increase. The Bush Bush administration and the Repub- risking their lives to prevent catas- administration deliberately tried to lican Congress saying one thing and trophe and healing the wounded and bury this bad news, releasing the infor- doing another. It sounds nice to say broken when disaster strikes, just as mation late on Friday in the midst of that you have added a comprehensive, they are doing in Florida today. They a hurricane and leading up to a long guaranteed prescription drug benefit; are always vigilant and ever ready, and holiday weekend. They did that in the but you did not. It sounds nice to say they deserve our heartfelt thanks. hopes that seniors would not notice. that you have made seniors’ health Since the tragic events of September The Social Security COLA will not be care better and more affordable, but 11, we have all learned that terrorists generous either. That is why the Bush you have not done that either. Presi- are not just looking at New York City administration needed to stifle news dent Bush and the Republican leader- and Washington, D.C. Rather, they coverage about the Medicare premium ship have done just the opposite. have undertaken a vast effort to survey increase. The Social Security trustees potential targets across this country. have predicted a 1.3 percent COLA for When seniors get their Social Secu- Should Metro Atlanta, the capital of 2005. For a retiree receiving the aver- rity checks in January and those the South, suffer an attack, you and I age benefit of $895, that amounts to a checks are only 4 cents more than what know that the brave first responders monthly increase of $11.64. they got last January, they will know from West Georgia’s Eleventh Congres- After Medicare’s premiums go up, the difference between your words and sional District will be among the many seniors will be left with an additional 4 your deeds. who will answer the call to duty.

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.045 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6733 I also know how much new equip- b 2015 the Senate, and we can pass it here in ment and technology means to the first Our local police say they are not pre- the House, but we need your help. Mr. responders of the Eleventh Congres- pared for this. The bulletproof vests President, I am begging of you. You sional District of Georgia, and we in that we give our police officers are no talk about our police officers. How Congress are working hard to continue match to the guns that are going to be about protecting them now? to provide it. back out on the streets. The large-ca- f Mr. Speaker, I recently had the privi- pacity clips, right now we hold it at 15, lege of visiting with the volunteer fire ANNOUNCEMENT BY THE SPEAKER 10, and yet in our States when our PRO TEMPORE department in Woodland, Georgia, in hunters go out shooting for deer or Talbot County, to inspect their new hunting, they are only allowed 6 bul- The SPEAKER pro tempore (Mr. fire truck; and I left very impressed lets. But we are going to give people KING of Iowa). Members are reminded with their operation. I was also struck anywhere like the killer today in Ohio to address their remarks to the Chair by how much of a difference a piece of that used 50 rounds. Where is the com- rather than to the President. equipment like a new fire truck can mon sense? f have on a great community like Wood- We have the majority of the Amer- The SPEAKER pro tempore. Under a land. ican people wanting to keep this ban in previous order of the House, the gen- So whether it is a fire truck, place. We have 56 percent of gun own- tleman from Oregon (Mr. BLUMENAUER) HAZMAT equipment for biological ers, NRA members that say, keep the is recognized for 5 minutes. threats, or a communications network ban in place. Yet there is total silence (Mr. BLUMENAUER addressed the upgrade in northwest Georgia, I remain here in this House. The bill is not going House. His remarks will appear here- committed to doing everything I can to to be allowed to be brought up even for after in the Extensions of Remarks.) ensure that Georgia’s first responders a vote. But by the way, on Monday f receive the necessary funding to ensure there will be a suspension vote to allow the safety and security of our commu- guns back into the D.C. area and not to ORDER OF BUSINESS nities in Georgia. punish anyone that is carrying an unli- Ms. WOOLSEY. Mr. Speaker, I ask We must never take for granted the censed gun. unanimous consent to take my Special bravery and commitment of our true Is this where we as Americans want Order at this time. first responders. We in Congress must to be? The rhetoric that we hear con- The SPEAKER pro tempore. Is there provide them with the tools necessary stantly, as if this is a slippery road, we objection to the request of the gentle- to conduct their vital service. are out to take away everyone’s right woman from California? Mr. Speaker, the eleventh district’s to own a gun. Well, that is not the slip- There was no objection. first responders are on the front line pery road. We are trying to save lives. f every day, and they deserve our sup- Ten years ago we put this bill in SMART SECURITY AND ELECTIONS port and appreciation. I want to take place because too many of our police this opportunity tonight to thank each officers were being killed and The SPEAKER pro tempore. Under a of them as we approach the third anni- outgunned. Come Tuesday morning of previous order of the House, the gentle- versary of 9/11 for their work to protect next week, September 14, when our woman from California (Ms. WOOLSEY) and serve the citizens of Georgia and kids are going back to school, our po- is recognized for 5 minutes. the Southeast. lice officers are going to be in harm’s Ms. WOOLSEY. Mr. Speaker, in No- vember of 2000, America witnessed the f way once again. The President of the United States has said that he would breakdown of its electoral system. ASSAULT WEAPONS BAN MUST sign the bill if it got on his desk. Well, Four years later, as far as I can see, NOT EXPIRE you cannot have it two ways, Mr. nothing that was broken has been The SPEAKER pro tempore. Under a President. You have to make the phone fixed. Many Americans believe the previous order of the House, the gentle- call here. You have to tell DENNIS same injustices to democracy that we woman from New York (Mrs. MCCAR- HASTERT, we want the bill up here. And witnessed 4 years ago could occur once THY) is recognized for 5 minutes. like your father before you, make again this November. Mrs. MCCARTHY of New York. Mr. phone calls to say, get this bill passed, The very security of our democracy Speaker, over 200 days ago I started as Ronald Reagan did, as President is at stake. For all of the Bush admin- speaking about September 13. That is Carter did, and as President Clinton istration’s talk about securing our Na- the day when the assault weapons ban did. tion from the threat of terrorism, no that we have in place now is going to We cannot save every life. There is discussion of security would be com- expire. no bill in the world that is going to be plete if it did not address the need to Over the last couple of years, and able to do that. But when we have secure our national election system. then even this week when we saw the something in place that has saved After the controversial election in tragedy that happened in Russia, we lives, why would we just let it go? The 2000, one would think President Bush saw what terrorists could do when they NRA, are they that strong? Where are would do everything in his power to en- put their minds to having destruction. the voices of the American people? sure the integrity of America’s election They do not care about human life. We Where is this House, and where is this system. I know that is what I would are told that we have terrorists here in President? Whose side are they going have done had I become President of this country waiting to do their de- to be on? The police officers that we this United States, particularly after struction on us as American citizens. talk about that are so heroic from 9/11 having lost the national popular vote We are told that when they can, they and through the convention and by more than half a million votes. But will do as much destruction as possible. through all of the terrorist threats unfortunately, despite some Demo- Come September 13, at midnight, that we have, where are the voices that cratic efforts here in Congress, this ad- your local terrorists, the gangs that are going to protect those police offi- ministration has failed to win back the are in our streets, the drug dealers, cers? We are just going to let it go? trust of our Nation’s voters. will be able to buy assault weapons at Who is going to face the families? Who The Help America Vote Act, which your local gun store. is going to talk to the surviving fami- was signed into law in the year 2002, I do not understand this. We hear the lies when the first police officer is was designed to assist States in up- rhetoric all the time that the assault mowed down? Who is going to do that? grading their fragile election systems. weapons bill has not worked. Well, you It always seems that I am the one who I supported this legislation because it talk to the police officers that are has to talk to the victims’ families. took steps in the right direction to coming down here tomorrow to try to We have several days left. We have make our election system secure. convince the President to expand the all of the police and the police chiefs While some improvements have been bill. We have seen a 60 percent drop in coming in tomorrow. Mr. President, I made because of this act, its most use- killings with the guns that have been am begging you, get on the phone. ful reforms, the reforms that would ac- banned. Make this happen. We can pass it in tually ensure security, will not be in

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.047 H07PT1 H6734 CONGRESSIONAL RECORD — HOUSE September 7, 2004 place by the November election, and democratic? Let us be smarter about live and grow and increase its bless- that is because this administration re- the way we elect our national leaders, ings. Freedom lives and through it, he fused to release most of the Federal because until we do, our election sys- lives in a way that humbles the under- dollars promised by the Help America tem will remain one accused of fraud takings of most men.’’ Vote Act until June of 2004, 2 years and riddled with doubt, and we will not Just as President Roosevelt honored after it became public law, delaying stand as an example of democracy in the fallen of World War II, we believe what could have been a secure election the rest of the world. this tribute would honor our most re- this November. f cent heroes and their families. With 32 million voters in 19 States Mr. Speaker, since this Congress has using punch-card ballots again this No- HONORING OUR FALLEN HEROES begun, we have found time to name, I vember, millions of voters will walk WITH A MEMORIAL IN THE CAP- think at last count, 65 post offices, in- away from the polls not knowing for ITOL ROTUNDA cluding 2 tonight. I think we can, and, certain whether their votes were tal- The SPEAKER pro tempore. Under a indeed, it is our duty and our responsi- lied correctly. previous order of the House, the gen- bility, to find the time to properly The emergence of electronic voting tleman from Illinois (Mr. EMANUEL) is honor those who have sacrificed every- systems, I believe, is a good thing, but recognized for 5 minutes. thing in Iraq and Afghanistan. I hope not without verifiable technology. Mr. EMANUEL. Mr. Speaker, today, that we do this as an institution, as a Sadly, Republicans have refused to nine more Americans gave their lives Congress, to use the people’s House to allow for paper-verified voting trails to in Iraq, nine more families are going to pay tribute to those families and allow ensure that each vote is counted cor- be without their loved ones this holi- all those families to know that for ev- rectly. Without a paper trail, there will day season, and nine more American erybody who comes here who writes a be no way to conduct a recount should families are grieving. card, a note, a tribute, that those fami- an election be contested. Out of those nine, two soldiers and lies who have lost their loved ones will Why have Congress and the Bush ad- seven marines, perhaps your neighbor, know that they will always be in ministration failed to produce vital and they are our neighbors, because America’s prayers and in America’s changes since the drawn-out election of they are always going to be America’s thoughts. 4 short years ago? Some would say it is neighbors, holds the distinction of be- A colleague, a Republican colleague, in the administration’s best interests coming the one thousandth American outside of his office has that memorial not to change the system. casualty in Iraq. We salute our sol- put up. I think it is a great idea. I have Mr. Speaker, there is an even greater diers, marines, airmen, sailors, reserv- asked the Speaker to take that idea threat lurking quietly below. That is, ists, and guardsmen who are called to and now make it an institution rather the possible disenfranchisement of vot- duty. We thank them deeply for their than an individual’s decision. Regard- ers due to inaccurate registration service, their valor, and their sacrifice less of politics, regardless of where you methods and the shady control of vot- for this country. were on the idea of going to war in ei- ing lists. A recent Caltech/MIT study The one thousandth casualty in Iraq ther Iraq or Afghanistan, we use the concluded that 4 million to 6 million is a milestone and one we must ac- people’s House, put on that memorial, votes were lost nationwide in the 2000 knowledge as we continue to reflect on and let the families know as they get election. Half of these were traced to the cost of the war on our Nation’s the letters from everybody who visits registration problems. In the year 2000, families and the American people. We it, the cards, the letters, the notes, the thousands of Floridians were deprived must honor the service of our troops tributes, they will always be a part of of the right to vote because they and pay tribute to their heroism. America’s family, and they will never shared the same name with someone For that reason, the gentleman from be forgotten. who had been convicted of a felony. Texas (Mr. TURNER), a veteran, and I b 2030 This type of disenfranchisement and have written a letter to the Speaker of And they will always be in our pray- the physical intimidation of some vot- the House asking him to arrange a ers and our thoughts. I think this is ers is no better than the practices used temporary memorial in the Capitol Ro- something we owe these families. And I to prevent Southern blacks from vot- tunda to our fallen troops from Iraq hope we can accomplish this, unlike ing in the 1950s and 1960s. It appears we and Afghanistan, explaining the pic- other matters, in a bipartisan fashion. have not come very far since then. tures of each fallen soldier, along with It is an idea I saw one of our colleagues We need to be smarter. We need to be biographic information, which would had done outside his office, and I am smarter in order to secure our elec- also provide an opportunity for visitors hoping now the institution will take it tions. I have introduced H. Con. Res. in the Rotunda of the people’s House to up and make it its own in a proper trib- 392, the SMART Security Resolution, write notes in honor of those soldiers ute; and it be would be a temporary to address both foreign and domestic to their families, their loved ones, tribute for all those families and to all threats to our Nation. SMART stands their brothers, their sisters, their those who have fallen in both the thea- for Sensible, Multilateral American mothers and fathers, and husbands and ters of Iraq and Afghanistan. Response to Terrorism. SMART secu- wives. f rity emphasizes the need for the United Throughout its history, the Rotunda States to act as a leader and a model has been used for public viewing for BREACH OF THE COMMITMENT TO for other less sophisticated, less demo- fallen heroes, bestowing upon them one MEDICARE cratic nations. This means shoring up of the Nation’s highest honors. After The SPEAKER pro tempore (Mr. the credibility of our own election sys- World War I, we saluted the fallen sol- KING of Iowa). Under a previous order tem, including the development of new, diers in the Rotunda. After World War of the House, the gentleman from Ohio verifiable technology, to ensure that II, Korea, Vietnam, we did the same. It (Mr. BROWN) is recognized for 5 min- our Nation’s poor and aged are not is only fitting that we use the Capitol utes. disenfranchised. It means avoiding a Rotunda of the people’s House to honor Mr. BROWN of Ohio. Mr. Speaker, system where our own citizens are those who have fallen in Iraq and Af- when President Bush took office, he as- forced to cry out for international ob- ghanistan. sured seniors he would honor the Na- servers to ensure the fairness of our The war in Iraq is not over, and there tion’s commitment to Medicare. He elections. SMART security means fully will certainly be more lives lost, but said Medicare is the binding commit- and quickly implementing the reforms this tribute is for all Americans to ment of a caring society. He did not stipulated in the Help America Vote show its respect for the men and say temporary commitment. He did not Act. women who paid the ultimate sacrifice say faltering commitment. He said Mr. Speaker, how can this country as well as to their families. In honor of binding commitment. ever hope to be a true democratic those lost soldiers, President Franklin By any standard, raising the Medi- model for the rest of the world when its Delano Roosevelt once said, ‘‘He stands care premium by 17.4 percent, that is own elected leaders have failed to en- in the unbroken line of patriots who more than five times the projected insure that our election system is truly have dared to die, that freedom might crease in Social Security benefits for

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.051 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6735 seniors, raising the Medicare premium drugs the same way that large insur- cannot because we would have to stand by 17.4 percent is a breach of that com- ance plans do, the same way that the here silent for 161⁄2 hours. That is be- mitment, the largest increase in Medi- VA does in our government. cause today we lost the 1,000th Amer- care’s 38 year history. As a result, the drug industry, be- ican in Iraq. For what? For what? At the Republican convention on cause of this protection of the drug in- The President says we took out Sad- Thursday night, the President said, ‘‘I dustry by the Bush administration, the dam Hussein because he was a bad guy. believe we have a moral responsibility drug industry stands to earn an addi- Well, that could apply to an awful lot to honor America’s seniors.’’ The next tional $160 billion in profits during the of people all over the face of the Earth. day, late in the afternoon, right before next 10 years. $160 billion in profits in They went in there with no plan for es- Labor Day, Friday afternoon, the the next 10 years. tablishing the peace. And more people Labor Day weekend, in spite of his Again, more campaign contributions have died since the President made his comments the night before, the Presi- to President Bush from the insurance fabled landing on the Abraham Lincoln dent quietly announced this 17.4 per- industry, more tens of millions of dol- saying ‘‘mission accomplished’’ than cent increase in premiums for senior lars in campaign contributions to the died before that. More people have died citizens to have to pay into Medicare. Republican leadership and to the Presi- since they handed over control to the Right before the Labor Day weekend. dent from the drug industry. Iraqis than died before the mission was Is that what it means to honor seniors? It is the same old story, the Presi- accomplished. This has been an After President Bush signed the dent says the right thing and then he unending disaster. Medicare drug law a year ago, he does the wrong thing. It is the same old So since we cannot give a minute of launched a very expensive taxpayer-fi- story, the President always responding silence for every member, let me tell nanced ad campaign featuring the slo- to the best heeled, most organized, you who has died from my State thus gan: ‘‘Same Medicare, better benefits.’’ wealthiest corporate interests in this far in Iraq. And I hope every Member Those ads failed to mention the 17 per- city. will come to the floor and do what I am cent premium increase even though the Last week, the President again called doing tonight, speak the names of the administration planned it as far back himself a compassionate conservative, dead. Think about the futures they as March 2003. They failed to mention as if eroding senior’s fixed incomes is have lost and the families they leave the 10 percent increase in the deduct- compassionate, as if coercing them behind. And then I hope every Amer- ible for doctors’ services which was into fly-by-night HMOs, as the Medi- ican will ask the President why. Why? written into the new law. It failed to care bill does, is compassionate, as if From Washington State we have lost mention the fact that both the pre- relegating seniors to a bargain-base- Lance Corporal Cedric E. Burns, age 22; mium and the deductible will continue ment prescription drug plan is in any Specialist Justin W. Hebert, age 20; to increase year after year after year way compassionate. Private Duane E. Longstreth, age 19; without any corresponding increase in After all, this President has proposed Private Kerry D. Scott, age 21; Second coverage. cutting $60 billion from Medicaid; he Lieutenant Benjamin L. Colgan, age 30, Those ads, those taxpayer-financed had to because the tax cuts that went distinguished soldier who made his pic- ads, trying to sell the American people overwhelmingly to the wealthiest peo- ture on to the front page of Time mag- on the new Medicare bill failed to men- ple in our society, he had to find the azine, very courageous and very good tion that while seniors will be paying money someplace when it is the only soldier; Specialist Robert T. Benson, more for the same Medicare, HMOs will source of nursing home care for 70 per- age 20; Specialist John R. Sullivan, age be, ‘‘earning’’ might not be the right cent of people who need it. It is con- 26; Captain James A. Shull, age 32; Spe- word, but earning more for the same sistent, but it is not compassionate. cialist Nathan W. Nakis, 19; Sergeant Medicare. $16 billion more, in fact. f Curt E. Jordan, Jr., age 25; Staff Ser- This bill, this Medicare bill, clearly geant Christopher Bunda, age 29; First written for the drug industry and for The SPEAKER pro tempore. Under a previous order of the House, the gen- Lieutenant Michael R. Adams, age 24; the insurance industry, clearly has put Sergeant Jacob R. Herring, age 21; Ser- seniors in the back seat. The drug in- tleman from Oregon (Mr. DEFAZIO) is recognized for 5 minutes. geant Jeffery R. Shaver, age 26; Private dustry, the insurance industries have Cody S. Calavan, age 19; Lance Cor- (Mr. DEFAZIO addressed the House. contributed literally tens of millions of poral Dustin L. Sides, age 22; Staff Ser- dollars to President Bush’s campaign. His remarks will appear hereafter in the Extensions of Remarks.) geant Marvin Best, age 33; Specialist The insurance industry gets a taxpayer Jeremiah W. Schmunk, age 21; Ser- subsidy of $16 billion. And then seniors f geant Yadir G. Reynoso, age 27; Lance see their premiums go up and see their ORDER OF BUSINESS Corporal Kane M. Funke, age 20; Lance deductibles go up. They have got to Corporal Caleb J. Powers, age 21; Ser- Mr. MCDERMOTT. Mr. Speaker, I ask find the money somewhere. geant Jason Cook, age 25. unanimous consent to take my Special Under the Bush plan, in order to pay These men have died in this crusade Order out of order. the insurance companies those sub- in a war that was never understood by sidies, they need to raise the premiums f the people who started it. They had no for seniors more than $100; they need to reason to go to Iraq and they went any- raise those premiums, a 17 percent in- HONORING THE MEN FROM WASH- INGTON STATE WHO HAVE DIED way, and these people from my State crease. They need to raise those pre- paid the price. miums for seniors to make up that IN IRAQ money. The SPEAKER pro tempore. Under a f These benefits are being lavished on previous order of the House, the gen- The SPEAKER pro tempore. Under a HMOs as a bonus and incentive for tleman from Washington (Mr. previous order of the House, the gentle- HMOs to accelerate their enrollment of MCDERMOTT) is recognized for 5 min- woman from California (Ms. LEE) is Medicare enrollees. Now HMO profits utes. recognized for 5 minutes. last year without this increased by 50 Mr. MCDERMOTT. Mr. Speaker, (Ms. LEE addressed the House. Her percent, yet seniors are paying higher young men and women are giving up remarks will appear hereafter in the premiums so that HMO profits can soar their lives nearly every day to sustain Extension of Remarks.) even further. Senior and disabled Medi- the President’s war in Iraq. They are care enrollees on fixed incomes will not in Iraq toppling Saddam. That has f pay more. HMOs will earn more and big been done. They are not in Iraq dis- The SPEAKER pro tempore. Under a drug companies will charge more. mantling weapons of mass destruction. previous order of the House, the gen- The Bush administration in an amaz- There never were any. They are in Iraq tleman from Michigan (Mr. CONYERS) is ing sleight of hand insisted on prohib- dying in George Bush’s crusade. recognized for 5 minutes. iting Medicare from negotiating bulk I think it is only fitting that we (Mr. CONYERS addressed the House. discounts on behalf of 39 million Medi- should give each of the dead a minute His remarks will appear hereafter in care beneficiaries on the prescription of silence here on the floor. But we the Extensions of Remarks.)

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.053 H07PT1 H6736 CONGRESSIONAL RECORD — HOUSE September 7, 2004 TWO UNFORTUNATE NATIONAL Democrats said the new report showed Mr. toll, just announced for U.S. troops in RECORDS Bush’s tax cuts and spending policies had Iraq which passed 1,000 today, a mile- been reckless in transforming a record budg- The SPEAKER pro tempore. Under a stone marking the continuing high et surplus to a record budget deficit, just a cost of the war 18 months after Presi- previous order of the House, the gentle- few years before the nation’s retiring baby woman from Ohio (Ms. KAPTUR) is rec- boomers start to drive up Social Security dent Bush declared an end to major ognized for 5 minutes. and Medicare entitlement costs by tens of combat and more than 2 months since Ms. KAPTUR. Mr. Speaker, I want billions of dollars a year. the nominal return of sovereignty to this evening to talk about two national ‘‘When the Bush administration took office Iraq. in 2001, C.B.O. projected a $397 billion surplus records. Unfortunately, they are for 2004,’’ said Representative John W. b 2045 records we wish had not happened. Mr. Spratt of South Carolina, the senior Demo- This is truly a tragedy. The total Speaker, at this point I will place in crat on the House Budget Committee. today of those killed reached 1,001, in- the RECORD a story from the New York ‘‘Under the fiscal policies of this administra- cluding 756 combat deaths. According Times today. tion, the bottom line of the budget has wors- to casualties.org, a Web site that tal- [From the New York Times, Sept. 7, 2004] ened by $819 billion in 2004 alone.’’ Republicans quickly countered by saying lies U.S. military casualties in Iraq, BUSH UNLIKELY TO FULFILL VOW ON DEFICIT, that the federal deficit this year will be mainly from U.S. military news re- BUDGET OFFICE PROJECTS smaller, and tax revenue will be higher, than leases, including combat and noncom- (By Edmund L. Andrews) either the administration or the Congres- bat causes, 855 U.S. troops have died Washington, Sept. 7—Almost regardless of sional Budget Office predicted in January since May 1 of last year, and 140 have what happens in Iraq and Afghanistan, Presi- and February. died since the return of sovereignty on dent Bush is very unlikely to fulfill his ‘‘This report underscores that our policies June 28. are working to create a stronger economy, promise of reducing the federal budget def- A total of 6,916 were wounded as of icit by half within five years, the non- more jobs and a lower deficit,’’ said Rep- resentative Jim Nussle, Republican of Iowa, the end of August, and this past August partisan Congressional Budget Office said was the most cruel of all months of today. the chairman of the House Budget Com- In the last independent assessment of Mr. mittee. this war. Our soldiers were being at- Bush’s fiscal legacy before the elections, the Mr. Speaker, the headline reads: tacked about 2,000 times in the month Congressional agency said that if there were ‘‘Bush Unlikely to Fulfill Vow on Def- of August, an average of 67 times daily, no change to existing law, the federal deficit icit, Budget Office Projects.’’ The non- which is double the rate of attack in would decline only modestly from a record of partisan Congressional Budget Office July when forces were attacked about $422 billion in 2004 to about $312 billion in has said regardless of what happens in 1,000 times or an average of 37 times 2009. the wars in Iraq and Afghanistan, daily. If Mr. Bush persuades Congress to make I will place this article from Knight his tax cuts permanent, he will fall even far- President Bush is very unlikely to ful- ther short of his promise. The federal deficit fill his promise of reducing our Federal Ridder news in the RECORD at this could reach nearly $500 billion in 2009 and the deficit by half within 5 years, which is point. federal debt could swell by $4.8 trillion over what had been promised. [From Knight Ridder, Sept. 7, 2004] the next decade. In fact, the fiscal legacy of this ad- U.S. DEATH TOLL IN IRAQ PASSES 1,000 The new estimate is the first time that the ministration is simply horrendous. By (By Dogen Hannah) Congressional agency has projected that the end of this decade it is anticipated BAGHDAD, IRAQ—(KRT).—The death toll for President Bush will not be able to fulfill his that the Federal debt could swell by U.S. troops in Iraq passed 1,000 on Tuesday, promise, made last February, to cut the def- nearly an additional $5 trillion. a milestone marking the continuing high icit by half. cost of the war 16 months after President Budget projections, by Congress as well as President Bush will not keep his promise made last February right here Bush declared an end to major combat and the administration, have been notoriously more than two months since the nominal re- wrong in the past—failing to anticipate a to cut the deficit by half. In fact, Doug- turn of sovereignty to Iraq. flood of tax revenue during the last 1990’s las Holtz-Eakin, who is director of the The total, which reached 1,001, included 756 and then badly underestimating a plunge in Congressional Budget Office and combat deaths, according to icasualties.org, revenue after the stock market collapsed in former chief economist on the Presi- a Web site that tallies U.S. military casual- 2000. dent’s Council of Economic Advisors, ties in Iraq mainly from U.S. military news But the new report is sobering because it has said the message is you cannot releases. Including combat and noncombat arrives at similar conclusions even when an- causes, 855 U.S. troops have died since May 1 alysts made extremely optimistic assump- grow your way out of this. The policies of this administration, last year, and 140 have died since the return tions about war costs in Iraq and robust eco- of sovereignty on June 28. nomic growth. the fiscal policies, are truly reckless. The daily casualty toll has been slowly ris- ‘‘The message is that you cannot grow And I think what is of deep concern to ing since major combat operations ended—it your way out of this,’’ said Douglas Holtz- me and to our constituents in Ohio is now averages more than two deaths each Eakin, who is director of the Congressional that when you rack up a deficit of this day. April was the deadliest month of the Budget Office and a former chief economist proportion where you are borrowing war, with 135 U.S. soldiers losing their lives on President Bush’s Council of Economic Ad- against Social Security trust funds and during a broad uprising in central and south- visers. ern Iraq. Fifty-four U.S. troops died in July, If anything, Congressional analysts are borrowing from foreign countries to float this debt, you leave the trust fund 66 in August, and 23 so far in September. more optimistic about economic growth, A total of 6,916 were wounded as of the end which usually leads to higher tax revenue, in jeopardy and you end up giving your of August, of which 3,076 returned to duty than Wall Street analysts or the White independence over to those who are fi- within 72 hours. House. The Congressional report also esti- nancing you. Pitched battles such as last month’s three- mated the budget outlook with three dif- And who are those holders of U.S. week showdown with a militia in Najaf, dur- ferent assumptions about the course of the dollar reserves? Who are the holders of ing which seven Marines and two soldiers war in Iraq and Afghanistan, including the 42 percent of the bonds and securities died, have grabbed headlines. But months of unlikely possibility that no more money that we have to pay off? China, Saudi attacks on or by U.S. forces elsewhere have would be needed after next year. Arabia, Japan, many other Middle added to the toll, even as fledgling Iraqi Stripping out all war costs for the two forces shoulder more of the burden of quell- countries after next year, the Congressional Eastern countries. ing the tenacious insurgency. analysts said the federal government would Our tax revenues then have to go to On Tuesday, White House press secretary save $536 billion over the next five years. But pay interest, 42 percent of this debt Scott McClellan said of those who died in making Mr. Bush’s tax cuts permanent, one now being owned by foreign interests. Iraq and Afghanistan: ‘‘We remember, honor of the president’s top priorities, would cost This is a story which is an unfortu- and mourn the loss of all those who made the $549 billion through 2009 and $2.2 trillion nate development that we need to re- ultimate sacrifice for freedom.’’ through 2014. verse this year and next year and the Army Lt. Col. Steven Boylan, a U.S. mili- Averting a massive increase in the alter- following year by electing people to tary spokesman in Baghdad, said the rising native minimum tax, a parallel tax that was death toll should be kept in perspective. originally designed to keep people from tak- the Presidency and to this Congress Each death is regrettable, he said, but the ing too much advantage of loopholes, would who are responsible with the tax- overall toll is relatively small compared cost another $150 billion over the next five payers’ dollars. with how long U.S. forces have been in Iraq years and more than $400 billion over ten The second record I wish to place in and how many service members have served years. the RECORD this evening is the death in the country.

VerDate Aug 04 2004 05:27 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.058 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6737 ‘‘I’m not sure it is a large number when Fallujah, Ramadi and Samarra in the Sunni will allow the assault weapons ban to you look at it in the big scheme of things,’’ Triangle and the southern cities of Kufa and expire. I think that if we were to think Boylan said. ‘‘The thing that concerns me is Latifiya—‘‘no-go zones.’’ Yet, Army Lt. Gen. with a deal of consciousness and be re- people equating success or failure with the Thomas Metz said this week that U.S. forces flective, people of reason would ask the number. The first casualty to the last cas- might seek to gain control of Fallujah before ualty, whenever that will be, is just as im- next year’s parliamentary election. question, why. portant and shouldn’t be pegged to num- Such a move could add significantly to the Why, when the assault weapons ban bers.’’ number of U.S. casualties. has seen a 60 percent decrease in the The latest deaths include four soldiers Barker, the 1st Cavalry soldier in Baghdad, use of assault weapons in crime; why, killed Tuesday in Baghdad and a soldier who looks on the casualty count with a certain when we have seen a decrease in the degree of stoicism. ‘‘We’re Army. This is our died Tuesday from injuries received from a number of school shootings we had just roadside bomb attack Monday on a convoy in job. This is what we signed up to do,’’ he Baghdad. On Monday, the deadliest day for said. 4 or 5 years ago, when children were U.S. forces in four months, seven Marines Yet he and his fellow soldiers also are being shot by automatic weapons; why, were killed in a massive car bombing on the keenly aware of the mounting death toll. in the backdrop of an automatic weap- outskirts of Fallujah, a notorious hotspot of Reading the Army’s newspaper, Stars and on shooting today, why would you anti-U.S. sentiment about 40 miles west of Stripes, they can’t ignore the rising number imagine that the Republican leadership Baghdad. Three soldiers also were killed in and the names of their fallen comrades-in- of the House and Senate refuse to do Baghdad and elsewhere. The approximately arms. ‘‘Yes, it’s a low figure compared to how what is right? When our soldiers in 140,000 U.S. service members in Iraq are de- many people have been here,’’ Barker said. Iraq and Afghanistan cannot even get ployed across a vast region stretching from ‘‘But one death is more than enough.’’ Iraq’s northern border with Turkey, Syria flak jackets to protect them against and Iran, through the country’s middle and Later this month I will begin a Spe- bullets, why would we want to have in into its southern provinces. The rest of cial Order on the anniversary of Sep- the United States of America the idea southern Iraq is the responsibility of coali- tember 11 that addresses the root of war weaponry on the street? tion forces led by Britain and Poland. causes of terrorism and where the ris- Is the Speaker aware that the gun The coalition’s mission is to support the ing antagonism against the United companies are now taking people’s fledgling interim Iraqi government’s efforts States and the West emanates from. credit cards over the Internet so that to prepare the country for nationwide parliamentary elections by Jan. 31, including es- For until we address the root causes of on the sunset of September 13 they can tablishing law and order. Boylan said U.S. the hate, we cannot possibly contain simply ship these guns out en masse? military leaders have acknowledged that the the rising insurgency that cuts across Why is democracy being denied in the insurgency is making their job difficult. borders, Nations and cultures, and our very place that democracy is supposed ‘‘It may not happen as fast as everybody soldiers are paying the largest price for to be enhanced? Why are we refusing to would like,’’ Boylan said. ‘‘It’s hard work, this. allow a vigorous and fair debate on the especially when there are groups of people Tonight we wish to thank those men question of whether or not the assault who don’t want you in their area, for what- and women serving our Nation through ever reason.’’ weapons ban should continue? Why are Multinational soldiers were attacked the military, whose mission is extraor- we being denied the very privilege of about 2,000 times in August, or an average of dinarily difficult and whose patriotism having this legislative initiative being 67 times daily, a record since the April 2003 is at the highest levels, and they de- placed on the floor of the House and fall of Saddam Hussein’s regime, a military serve our highest esteem and apprecia- Senate simply to allow those who have spokesman said this week. In July, the coalition. differing opinions, who represent mil- tion was attacked about 1,000 times, or an f lions and millions of Americans who average of 37 times daily. Mortar rounds rain on military bases. Im- ASSAULT WEAPONS BAN have pleaded with their legislators to provised explosive devices and car bombs EXTENSION again enact the assault weapons ban, blow apart military convoys. Gunmen armed why is the leadership refusing to ac- with assault rifles, sniper rifles and rocket- The SPEAKER pro tempore (Mr. knowledge this legislative initiative? propelled grenades prey on Marines and sol- KING of Iowa). Under a previous order Why is the President of the United diers patrolling in armored vehicles or on of the House, the gentlewoman from States, who has indicated his consent foot. ‘‘It kind of runs the whole gamut,’’ Texas (Ms. JACKSON-LEE) is recognized and approval of the assault weapons Boylan said of the perils facing U.S. forces. for 5 minutes. ban, not lifting a single finger? Is this ‘‘There’s still an active threat. We have to Ms. JACKSON-LEE of Texas. Mr. what my colleagues call flip-flop? Is guard against that every day.’’ Speaker, first of all, let me rise to ac- this what my colleagues call indeci- Soldiers such as Army Staff Sgt. Mathew knowledge and offer my personal sym- Barker, whose 1st Cavalry company is sta- siveness? Is this what my colleagues pathy to the many, many families in tioned in an Iraqi National Guard building in call saying one thing and doing an- this country who since we have been on northern Baghdad barricaded behind razor other? the work recess have lost their loved wire and earthen barriers, remain alert to It seems very clear to me. It is a the threats but try not to let the danger im- ones in Iraq and Afghanistan. I think it pede their mission. is important as we proceed in what is tragedy. Whose child will be next that ‘‘If you spend every waking moment wor- going to be probably a very vigorous will be shot by an assault weapon? rying about what’s going to happen, it isn’t and adversarial 6 to 8 weeks of legisla- Whose employee is next? Whose em- going to do you any good,’’ Barker said. ‘‘Un- tive business to let all Americans know ployer is next; what law enforcement fortunately, due to the nature of the oper- officer, what first responder, whom we ation—guerrilla-style tactics—you’re going that those of us who have vigorously opposed the policies of an undefined pretend to be so supportive of, when to have casualties. But we have a mission to most of the law enforcement agencies accomplish.’’ The number of organized, ‘‘full- war and lack of an exit strategy no less time’’ insurgents is hard to quantify but is have the greatest amount of respect in America have asked us to extend the believed to be between 4,000 and 6,000, Boylan and sympathy for those who are willing assault weapons ban? said. Also, there are an unknown number of to give the ultimate sacrifice. This is an absurdity, this is an out- individuals occasionally participating in in- In the last 48 hours, we lost 7 marines rage, and we will continue to be on the surgent activities, sometimes for money, he in the tragedy of a car bomb in Iraq. So floor every single day to shed the light said. I wanted to make clear, as I proceed of day, to pull the covers back to let Other reported estimates, including from everybody know the masquerading that U.S. military sources speaking on condition and will be debating these questions of of anonymity, have put the insurgency’s size the 9/11 Commission, how important it is going on here in Washington, the as high as 20,000. is to reflect upon those servants who flip-flopping, the outrage of deceit by Much of the danger to U.S. forces con- have given their lives. suggesting that there is some support tinues to be within, and emanate from, the I also want to mention this evening, for the assault weapons ban, and yet so-called Sunni Triangle. The region north Mr. Speaker, the importance of the the leadership of this House, dominated and west of Baghdad and bounded by the pre- next couple of weeks and days and to by the Republicans, and the Senate, dominantly Sunni Muslim cities of Tikrit, refuse to allow us to have a simple de- Ramadi and Baquouba is an insurgent focus tonight on what I think is the stronghold. week’s outrage. bate on this question. So hostile are certain areas that the mili- Six days from now on September 13, I believe in life over death and peace tary has designated some cities—including 2004, this Congress and this President over war, and I see no conflict in the

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.057 H07PT1 H6738 CONGRESSIONAL RECORD — HOUSE September 7, 2004 second amendment in the constitu- whether or not we could offer some al- At the moment we are dealing with tional right to bear arms with any de- ternatives. With me also was the ad- 19th century ways to protect the Na- sire and need to carry an automatic ministrator of the District of Columbia tion’s Capital. They would have used weapon. I would support my law en- representing the Mayor of the District checkpoints and barricades 100 years forcement officers, the peace of our of Columbia. ago. I think we can do better than that. community and peace of this Nation The first thing I asked was, do we We do not want the people’s House and over any gun manufacturer any day. have a citywide plan, a coordinated, the Senate to look like an armed camp. Come out and show yourself. We are citywide security plan to protect the We must protect this place not only the truthsayers in the place. I ask for Nation’s Capital. Astonishingly, we do symbolically, but because this is where a debate on the assault weapons ban, not. Each sector operates on its own. the greatest government in the world and I ask for it to be extended. The Capitol Police here in the House is, and this is where 600,000 people live. and the Senate, that is one sector. The We have all of the resources that f come with innovation because we are The SPEAKER pro tempore. Under a White House sector, through the Secret Service, the Federal agencies, that is Americans. That spirit of innovation is previous order of the House, the gen- not being shown around this Capitol. I tleman from Ohio (Mr. STRICKLAND) is another sector. Finally, the Metropoli- tan Police Department, on whom all need Members to come forward. Let me recognized for 5 minutes. know what is happening so that we can (Mr. STRICKLAND addressed the are dependent, no coordinated plan. So on 15th Street, right by Treasury and compel improvements and make this House. His remarks will appear here- House and the Senate look like the after in the Extensions of Remarks.) the White House, no security checkpoints, no street closures, because the people’s Congress again. f Secret Service made a calculated, ana- f The SPEAKER pro tempore. Under a lytical decision that you did not need b 2100 previous order of the House, the gen- it, that the risk was not such that you COMMUNICATION FROM THE tleman from Illinois (Mr. DAVIS) is rec- needed to close whole streets or even CLERK OF THE HOUSE ognized for 5 minutes. use checkpoints. Why are we having (Mr. DAVIS of Illinois addressed the checkpoints here? The SPEAKER pro tempore (Mr. House. His remarks will appear here- I believe that Mr. Livingood and the KING of Iowa) laid before the House the after in the Extensions of Remarks.) Capitol Police will shortly be forced to following communication from the f do the sensible thing, not to abolish Clerk of the House of Representatives: WHY THE CAPITAL LOOKS LIKE A the necessary checkpoints, but to look OFFICE OF THE CLERK, at what they say are the vehicles that HOUSE OF REPRESENTATIVES, BEWILDERED CITY UNDER AT- Washington, DC, September 7, 2004. TACK concern them, larger vehicles like lim- ousines, like SUVs, but they are Hon. J. DENNIS HASTERT, The Speaker, House of Representatives, The SPEAKER pro tempore. Under a peering into each and every car so that previous order of the House, the gentle- Washington, DC there is going to be traffic, as the DEAR MR. SPEAKER: Pursuant to the per- woman from the District of Columbia Mayor says, all the way to Delaware. It mission granted in Clause 2(h) of Rule II of (Ms. NORTON) is recognized for 5 min- is all the way, all the way to Maryland. the Rules of the U.S. House of Representa- utes. Mind you, the entire region is going tives, I have the honor to transmit a sealed Ms. NORTON. Mr. Speaker, I thought to be affected. Many people are avoid- envelope received from the White House on I ought to come to the House floor this ing the area so they are clogging up 395 September 7, 2004 at 4:50 p.m. and said to contain a message from the President where- evening to explain my understanding of and downtown. why the capital looks like a bewildered by he transmits a copy of a Proclamation he The gentleman from Ohio (Chairman has issued entitled, ‘‘To Modify the General- city under attack. The Members have NEY) and I have spoken. He believed on ized System of Preferences and for Other not seen the worst of it yet because we his own motion that there needed to be Purposes’’. have not all come to the House during a citywide coordinated plan. He has With best wishes, I am rush hour or left the House during rush said he wishes to have a task force Sincerely, hour. with all of the players at the table. JEFF TRANDAHL, The District was put under an orange That is the only way we are really Clerk of the House. alert while Members were away. I am going to be secure. f fully appreciative of the reasons for the We have submitted alternatives that TO MODIFY THE GENERALIZED orange alert after the IMF and World came out of these meetings, check- SYSTEM OF PREFERENCES, AND Bank were seen as targeted places. I points of the kind I just described FOR OTHER PURPOSES—MES- am a member of the Select Committee where you, in fact, let most cars go by, SAGE FROM THE PRESIDENT OF on Homeland Security. I believe strong but you do, in fact, stop those of a par- THE UNITED STATES (H. DOC. action was necessary. What we see ticular size. Open First Street. We have NO. 108–211) around the House and the Senate are an alternative. Use checkpoints on The SPEAKER pro tempore laid be- the primitive protections, if we can First Street. Then narrow First Street fore the House the following message call them that. with barricades so that cars can only from the President of the United Checkpoints, a street closure of the go to and fro after being checkpointed. States; which was read and, together only street for all intents and purposes There is no way in which that does not with the accompanying papers, without leaving from this part of the city to provide the kind of protection that is objection, referred to the Committee the transportation hub of the region, needed for Dirksen and Russell, which on Ways and Means and ordered to be Union Station, rail, light rail, buses, are on each side. printed: Metro, this is what you would expect if Above all, let us get down to tech- To the Congress of the United States: we were under attack. If you get a red nology. They used some low technology Pursuant to section 502(f) of the alert, there is nothing more to do. So for the first time, tested some low Trade Act of 1974, as amended (the we have to ask ourselves, was this nec- technology for the first time after the ‘‘1974 Act’’), I am writing to inform you essary, was there an alternative? orange alert that had to do with ma- of my intent to designate Iraq as a ben- Let me be clear, New York has been nipulation of traffic lights. eficiary developing country for pur- under an orange alert since 9/11. While I am asking Members to call my of- poses of the Generalized System of very special precautions were taken fice, to let me know what their experi- Preferences (GSP). during the Republican convention, and ence has been with the checkpoints and I have considered the criteria set I would hope so, no major street in New with the closure of First Street. Some forth in sections 501 and 502 of the 1974 York City has been closed to traffic. of you are going to be absolutely exas- Act. In light of these criteria, I have During the recess I had meetings perated. There are over 20,000 employ- determined that it is appropriate to ex- with all the security officials, Mr. ees, 440 Members of the House, 100 tend GSP benefits to Iraq. Livingood, Mr. Pickle, Chief Gainer, to Members of the Senate, but I need your GEORGE W. BUSH. ask what was going on and to see feedback as we try to find new ways. THE WHITE HOUSE, September 7, 2004.

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.061 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6739 A FURTHER MESSAGE FROM THE crop, and that has to be dealt with. A that we have. Some people have said SENATE few hundred Taliban and al Qaeda we have made the world a more dan- A further message from the Senate forces are still active, but most have gerous place. But, obviously, the finan- by Mr. Monahan, one of its clerks, an- been driven back into the mountains. cial resources, the military resources, nounced that the Senate has passed Iraq, of course, is another subject; a lot of the planning has been diverted without amendment a bill of the House and we have heard that discussed by from this country and other countries of the following titles: two or three other speakers on the to the conflict in the Middle East, so House floor this evening. There is no we have not had an attack in this H.R. 5005. An act making emergency supplemental appropriations for the fiscal year question that there is a great deal of country since 9/11. It does not mean we ending September 30, 2004, for additional dis- controversy about weapons of mass de- will never have another attack, but it aster assistance. struction, and there is no question that certainly means that we have, to some degree, diverted some of the attention f some of the intelligence that we have received regarding weapons of mass de- from this country. MAJOR TOPICS IN THIS FALL’S struction has not been accurate. The second thing this young man ELECTION I would say that most of the Mem- said to me which I found to be inter- The SPEAKER pro tempore. Under bers of this House at one time or an- esting and I believe to be true, he said, the Speaker’s announced policy of Jan- other were invited over to the Pen- I hope the American people do not lose uary 7, 2003, the gentleman from Ne- tagon, and we went over in groups of 10 patience. We tend to be a very impa- braska (Mr. OSBORNE) is recognized for or 15 or 20 or 30, and we were shown tient Nation. We want our problems 60 minutes as the designee of the ma- aerial reconnaissance photos of Iraq. solved yesterday. We sometimes do not jority leader. Most of these were satellite photos. want to pay a very great price to Mr. OSBORNE. Mr. Speaker, there They were remarkably clear. You could achieve something. And so the impa- seem to be three major topics which read a license plate from outerspace tience of the American people cer- will be determining factors in this because of the clarity. We were told, tainly is a concern. Again, we heard fall’s elections, and these are: the con- and I believe that the people giving us some of that debate earlier from some flict in the Middle East, the economy, the briefing absolutely believed what of the other speakers. and values in cultural issues. I will at- they were saying, that this building We have lost at this point approxi- tempt tonight to discuss each one of here was where anthrax was being cre- mately 1,000 soldiers in Iraq. One is too these areas, hopefully in a somewhat ated, this was where foot and mouth many, and every one of those soldiers accurate, factual, and dispassionate disease was being experimented with, from my district that have been lost I have attempted to call their wives, manner. I will start with the situation these trucks were going here, and these their husbands, their parents and talk in the Middle East. ammunition dumps were here and so to them personally. It has been very in- One thing that we often notice as we on. watch the nightly news is relatively The problem was that our intel- teresting because I thought at some little discussion of Afghanistan; and by ligence on the ground was very ineffec- point I would run into bitterness or run almost any measure, Afghanistan has tive. We were relying heavily upon into acrimony. Certainly there was sor- been a major success. The Taliban has Iraqis for our information, and many of row, but there was also pride in every one of those phone calls. Every one of been removed from power, the Soviet those Iraqis had an axe to grind. They those families said, you know he really Union left Afghanistan after several wanted to get rid of Saddam Hussein; believed or she really believed in what years of war, unable to conquer the and, therefore, whether they delib- he or she was doing. They were really Taliban; and we took them out in a erately did it or not, I do not know, but proud of the effort, and we are very matter of weeks with a loss of roughly obviously some of the information that proud of them and their willingness to 100 troops. The terrorist training we received was not very accurate. So sacrifice. camps have been destroyed. Terrorist this has been certainly a major con- In the Civil War, Mr. Speaker, we funding in Afghanistan has been large- cern. lost roughly 400,000 troops. At Antie- However, Great Britain, the Soviet ly disrupted, and the terrorist leader- tam it was 20,000 in one day. During ship has been rendered largely ineffec- Union, and most U.N. countries had World War II there were approximately tive throughout that whole country, very similar intelligence, and that is 450,000 soldiers who died. In Korea, which is roughly the size of Texas. The why we had 17 United Nations resolu- roughly 50,000. In Vietnam, 60,000. In country is reasonably stable and has tions based on the assumption that those two conflicts we really do not been stabilized with a very small coali- Iraq had weapons of mass destruction. have much to show in any way by way tion force of approximately 15,000 So this was certainly not a miscalcula- of accomplishment. That is not true troops, again in a country the size of tion that was done by the United with this particular conflict that we Texas. States alone. are involved in today. This is a remarkable achievement. One of the main difficulties that we So, again, I do not want to in any The Loyal Jurga, the constitutional had was that intelligence spending in way minimize the sacrifice of those convention, has been accomplished. our country was cut during the 1990s; 1,000 soldiers; but it is important his- Even with all of the rival warlords and and, as a result, the expenditures on in- torically to keep this in perspective in tribal factions, they did come up with telligence were roughly cut in half, and terms of what has been accomplished a constitution that is pro-democracy that certainly reduced our capabilities. and in terms of the loss of life, which and seems to represent all factions So there is plenty of blame to go has been relatively small when you within the country. So it was a re- around, and many people have been look at all of the wars that have been markable achievement. busy pointing the finger over the last fought over the history of our Nation. Karzai is certainly a very effective several months. However, the key issue A few months ago, I talked to sol- leader. They will have general elec- at this point is not what happened in diers in Afghanistan, in Kuwait, and in tions on October 9, and certainly the past, but where do we go from here. Iraq. We visited the hospital in Karzai will have some opposition. But While I was in the Middle East, I had Ramstein, Germany, Landstahl, where if he is elected, and I think that he will a conversation with a young captain most all of the casualties, the seriously be, we will have a very powerful ally. from Nebraska, my home State, and injured troops from the Middle East And I think most people would have to this young man’s name was Christ were taken, and then more recently say that this was an almost unheard of Ferdico; and he said two things that here at Walter Reed. I was really accomplishment in a period of a little made sense to me. First of all, he said, amazed at how positive they were. over a year and a half. So Afghanistan you know, it is better that we fighter Some had been seriously injured. Some has been a truly amazing accomplish- terrorists here in the Middle East than had even lost limbs, arms or legs. The ment and one that I think that we can fight them in the United States. So he prevailing sentiment was that they be very pleased with. was saying that by being on offense, we wanted to get back to their units. There are still some negatives there. have occupied the terrorists’ attention Now, many of them would not be able There still is somewhat of an opium and resources, and there is no question to do that. And I thought at some point

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.050 H07PT1 H6740 CONGRESSIONAL RECORD — HOUSE September 7, 2004 I would run into somebody in all those looking at this experiment to see under a coalition force. But they also travels that would tell me, you know, whether it can be successful or not, and realize it is too soon; this is something this was a terrible mistake. We should that is why we see so many attacks that cannot be done at the present not have done this. I do not know why from the insurgents. They absolutely time. you put us over there. That did not do not want to see a democracy suc- As I look at the situation, I feel that happen. So there seems to be a great ceed in that part of the world. failure really is not an option, because deal of pride and a great sense of mis- The gentlewoman from Washington if we were to pull out of Iraq at this sion on the part of these young people. (Ms. DUNN) and I have formed sometime, number one, we will have dishon- So some might pose the question: thing called the Iraqi Women’s Caucus. ored the nearly 1,000 soldiers who have Well, why would they feel that way? Sounds like kind of a strange thing for lost their lives. As I have talked to Has anything good happened? We a former football coach to be involved their families, as I have mentioned, it talked a little about Afghanistan; but with; but we, in a conversation, came would be a terrible thing to talk to one in Iraq, for instance, more than 20,000 to believe that women tend to be a lit- of those families and say, we are leav- reconstruction projects have been com- tle less violent than men, and curing now, and the death of your soldier pleted and a great many of them have rently 60 percent of the population in really went for naught. I do not think been with the aid of our troops. Crude Iraq is female because so many men we can afford to do that. They felt oil exports are estimated to be $8 bil- have been killed. So we thought is there was a meaning and a purpose in lion worth of exports in 2004, which there anything that we can do to help going there, and we have to honor their would be approximately prewar or the Iraqi women be elected to office, or lives by making sure that there is a fa- maybe even exceeding prewar levels. at least a certain percentage of them. vorable outcome. The average household income in Number two, we will condemn thou- b 2115 Iraq has doubled over the last 8 sands of Iraqis to death. Almost any months. Most Iraqis feel very good and So we have brought Iraqi women to Iraqi who has helped the coalition will very confident about their economic this country to teach them about de- certainly be sentenced to some type of future. Businesses are springing up mocracy, about how they might be very poor future, probably death. There where normally there was no free en- elected to public office, and some mini- is a strong likelihood of a civil war terprise at all previously. Today, there mal funding has been given to these or- breaking out, which would be a blood- are more than 1 million automobiles ganizations. I have tried to spend time bath, and we promised the Iraqis that more in Iraq than before the war. We and speak to each one individually. we would not do that. After the first Gulf War, hopefully we learned our les- have cleared roughly 17,000 kilometers Some of them are highly educated and son. So we have told them we will stick of waterways for irrigation in 2003. speak English, some of them I speak with them and see it through. Thirty to forty percent of the marshes through an interpreter, but the prevailing sentiment I get is things are The third thing that would happen if drained by Saddam are now restored. we pulled out is this country would be- In the health care area, 85 percent of better now. One lady said, we do not come more vulnerable to terrorism, be- the children have been immunized. understand what all of the uproar is cause any time you show terrorists Most of them had never been immu- about weapons of mass destruction. that their methods are successful, it nized previously in their lifetime. All Saddam Hussein was the ultimate weapon of mass destruction. only invites more terrorism. It does 240 hospitals in Iraq are now open and not involve appeasement, it does not functioning. There are 1,200 clinics in Many of these women had family members who were killed, had seen solve anything, it only escalates the operation, and 30 times more money is problem. We cannot allow them to see being spent in Iraq today on health rapes in front of their families, had un- dergone and seen tremendous atroc- that terrorism works. care than under Saddam. His people We have heard a great deal about ities. They feel almost unanimously had abysmal health care under his re- Abu Ghraib and some of the things that the Iraqi people are relieved and grate- gime. have not gone well in Iraq, but I would ful to see Saddam Hussein gone. As far as education is concerned, like to tell Members, Mr. Speaker, They also say that the future is 2,500 schools have been rehabilitated. about a young man named Troy Jen- brighter now. They feel definitely New desks and books have been kins and what he did last April. Troy brought in, and 32,000 new teachers things are better, and they see some Jenkins was one of our soldiers. A have been trained. School attendance light at the end of the tunnel. young Iraqi girl apparently either had is up by 80 percent in Iraq, and in a So the major sources of information in her hands or was standing near a great many of these schools girls are that I have tried to use as I evaluate cluster bomb, and no one knows for there for the first time. Iraq has the that situation is a little bit of personal sure whether she was innocent and did highest illiteracy rate of any Arab experience, but mostly what I have not know what she had, and apparently country, roughly 77 percent in the fe- gleaned from talking to the soldiers Troy Jenkins assumed she did not male population, so for the first time who have been there and who are there know. He threw himself on that cluster many of these young women are at- and talking to Iraqi citizens who are bomb and saved that girl’s life and tending school. there now, I feel that the picture I have probably several of his comrades. We Power generation continues to be a gotten is quite different than what we do not hear much about Troy Jenkins problem, but still we are generating get on the nightly news. Certainly not and the soldiers who have been willing more power today than before the war. all of the news is good, and I do not to risk danger every day to do some of There is still occasional brownouts or want to hide our head in the sand and the reconstruction projects. blackouts, but it is better than it was. pretend everything is perfect. There is I think it is well that we remember There are 230,000 police, military in- no question that security over there is that there have been many acts of her- dividuals, guards, that have been very problematic, and the Iraqi women oism. Some great things have been ac- trained. Most of them are employed, tell us that. The Iraqis we talk to say complished. It has not been a univer- some are still in training; but we do that security is the number one issue sally successful operation, but still feel that a great deal of progress has that they are faced with. But still, a more good has occurred than bad. been made in that respect. tremendous amount has been accom- The second thing I would like to talk Of course, everyone knows there has plished. about today, Mr. Speaker, which seems been a transfer of power to the Iraqi in- A Gallup poll done a few months ago to be a matter of some controversy, is terim government. These are very, in Iraq clearly said that 80 to 90 per- the economy. As with the war in Iraq, very brave people. They are under con- cent of the Iraqis see a brighter future. we find that perception often does not stant attack and surveillance, and we About 80 percent would like to see match reality. Some characterize the have to hope that they can be some- some type of democratic government, a economy as being very poor. We hear what successful. Elections will be parliamentary type of government like this being discussed all of the time. I scheduled this January, and of course they see in Europe, or something like would like to mention just a few fac- that will be a tremendous milestone. what we have, and most of them would tors which I think are important to The whole Middle East, I believe, is like to see their country no longer consider at this point.

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.069 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6741 Referring to this chart on my left, in- In 2003, and this is something that thousands of tons of natural gas in terest rates currently are the lowest in very few people have stopped to think Alaska at the present time, and yet we the last 40 years. Of course, low inter- about or talk about, we had more are experiencing a tremendous short- est rates generally stimulate economic Americans employed at the end of 2003 age of natural gas in this country growth and investment. Inflation is than at any time in history. What has today. So it affects fuel prices, it af- again at historic lows. The Producer happened is some of those roughly 2 fects heating prices, fertilizers and all Price Index is roughly 1.5 percent over million Americans who lost jobs start- of the different things which impact the last 12 months. There was a time ed to work for themselves. So we had our economy. If we can build that pipe- not too many years ago when we had more people employed when we went to line from Alaska bringing that gas double-digit inflation. No economy can the household survey than ever before. down here, our economy is going to re- sustain that type of inflation. The in- So we talk about lost jobs, but many cover very quickly. flation level now is very low. Produc- people have started their own busi- b 2130 tivity expanded 5 percent over the last nesses and are not destitute or out of 4 quarters. We think that is the highest work. It is going to take a little time, 2, 3, in the last 20 years. Another myth which has been circu- 4 years; but it needs to be done. Then, In the manufacturing sector, which lating here recently is that all of the of course, tax incentives to increase en- we hear a lot about, employment tax cuts that were passed have not im- ergy production. This country basi- reached a 30-year high in May. So the pacted the middle class. Some have cally has not done much in exploration manufacturing sector is recovering, said that the middle class is now pay- for additional oil reserves, energy re- and employment is certainly rebound- ing more than before the tax cuts. That serves, nuclear power over the last 20, ing. is absolutely not true. Every segment 30 years because of environmental reg- Housing, homeownership was 68.6 of the tax-paying economy is paying ulations. We have to have some incen- percent last quarter. That means more less in taxes than before the tax cuts. tives to get this thing going again. Our than two-thirds of Americans now own So currently an average middle-class refinery capacity has been reduced by their own home, an all-time high. family making $35,000 or $40,000, a wife, roughly 30 percent over the last 15, 20 Again, that is an encouraging sign. years. With those reductions, we put Members may say if all of these husband and two children, pays today $1,948 less in taxes than before the tax ourselves in a bind. We are now 60 per- things are true, what is the problem cent dependent on foreign oil. We can- with the economy? There has got to be cuts. If you are making $35,000 or $40,000, and you have $2,000 less to pay, not continue to operate that way be- something wrong. The thing that we cause projections have that going from hear most often is the unemployment that is significant, and that is going directly to the middle class. So whether 60 percent to 70 percent within the next rate. The unemployment rate is out of few years. The buck stops here. It stops sight, and people simply do not have you are talking about the top bracket, with Congress, and the blame game and any jobs. So we might again refer to a the middle bracket or the lower brack- partisanship is inexcusable. It simply chart here. et, if they paid taxes before, they are During the decades of the 1970s, for paying less today. So it is important to needs to be done. On balance, Mr. Speaker, having said that 10-year period, the average unem- realize that the average American cit- all of this, I think it is important to re- ployment rate was 6.2 percent. During izen has received a substantial tax cut. alize that this is the strongest econ- the 1980s, average unemployment went The most troubling factor, I think, as up to 7.3 percent. During the 1990s, far as the economy is concerned which omy in the world. Regardless of what which was an exceptionally favorable faces this country is well within the anyone says, it is not perfect; but the period of economic activity, if we lis- domain of Congress, and that is high economy by most measures, by most ten to most people, particularly some energy prices. That is the one thing standards, is very strong at the present Members speaking on this floor, the that we continually see affecting jobs, time and appears to be getting strong- unemployment rate was 5.8 percent. the stock market, and the economy in er. Today, in 2004, the unemployment rate general. So I would like to address that We have talked a little bit about the is 5.4 percent, lower than any one of very quickly because it affects truck- Middle East, and we have talked about those decades. If we average that 30- ing, airlines, agriculture, individuals, the economy. The last topic I would year period from 1970 to 2000, the aver- and yet one of the most discouraging like to cover has to do with the third age unemployment rate was 6.4 per- things to me is we cannot get an en- significant factor, I think, which will cent. Today it is 5.4 percent. That is ergy bill passed in this Congress. The bear upon the upcoming elections and not perfect. Mr. Speaker, we would like House has passed an energy bill, we that has to do with the culture. I was to see that down around 4.5 or some- have passed the conference report, but privileged to hear British Prime Min- thing like that, but it is very difficult still it has not passed the other body. ister Tony Blair speak in this Chamber to get there. It certainly is much bet- Until it becomes law, we all have failed a year ago. One comment that he made ter than it has been historically for the to some degree. made particular sense to me. He said last 30 years. I think that is important I would like to flesh out briefly for this: ‘‘As Britain knows, all predomi- to realize. one second some of the main provisions nant power seems for a time invincible Mr. Speaker, unemployment runs of the energy bill which I think would but, in fact, it is transitory.’’ What he roughly 9 to 10 percent in the European be so important as far as the economy was saying, I believe, is that there is Union. Many of us feel that the Euro- is concerned. This is really something sort of an illusion. When you are on pean Union countries are doing well, that lies at the feet of not Republicans top, when you are the predominant but their unemployment rate is rough- or Democrats, it is all of us. country in the world, the most power- ly double what we are currently experi- A key part of the energy bill is re- ful country in the world, it seems like encing. We added 144,000 new jobs in newable fuel standards which provide that will go on forever. But he says, July. So over the last 12 months, we for solar energy, wind energy, ethanol, Great Britain has experienced this, and have added 1.7 million jobs in this and biodiesel. These are all ways to we know that this is transitory, that economy. Some will say, but since the avoid being so dependent on foreign oil. all power is eventually transitory. It President took office, we are still down Also, hydrogen fuel cell research and does not last forever. about 700,000 jobs. We lost about 2.5 development is part of the energy bill, I would like to explore that thought million, we got 1.7 million back, so this and most people feel this is the wave of a little bit tonight because history President is a failure. I do not nec- the future. It is environmentally teaches that most of the world’s great essarily think that is true, because we friendly and leaves no greenhouse powers are not overcome by external had 9/11. We had a recession going on gases. So if we want to develop hydro- military force but, rather, disassem- when the President took office, and we gen fuel cells, we need an energy bill bled from within. Let us examine three had the corporate scandals. So a lot because this is the stimulus that will such instances. First, we might take a has hit this economy, but it is cer- cause this to happen. look at Rome. That is a long time ago, tainly going in the right direction. It In Alaska, the natural gas pipeline, about 2,000 years; but it certainly was looks like it is recovering. we have tons of natural gas. We have the most dominant civilization. As a

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.071 H07PT1 H6742 CONGRESSIONAL RECORD — HOUSE September 7, 2004 matter of fact, it ruled the whole civ- Is there reason for concern? Is there commit suicide, commit a crime, or be ilized world at one time about 2,000 any reason to think that maybe we promiscuous. The foundation of our years ago and appeared to be invin- ought to pay attention to the current culture, the family, is under assault. cible, but eventually it fell from pre- situation? I would say that there are The family is the basic social unit. eminence. some things over my previous 36 years Some are surprised when there is con- Some of the incidents that are given spent in coaching and working with cern about how marriage is defined. by historians are a little disturbing. young people that have given me Many people say this is bigotry, this is They said there was a general decline pause. I would like to mention some of religious fundamentalism, this is nar- in morality. There was increasing cor- these trends that I find disturbing. The row mindedness. ruption and instability in the leader- young men that I worked with from The concern that I have and I think ship of the Roman Empire. An increas- roughly 1962 through 1997 were more a great many people have is not ing public addiction to ever-more vio- talented each year. Yet they showed against anybody. The concern is for lent public spectacles. In the Roman more signs of distress, more personal children, because it takes a mother and Colosseum, as you know, the masses struggles. We spent more time with a father to create a child. According to had to be entertained, and it got blood- them off the field than we used to, and nearly all of the research I have seen, ier and it got bloodier. Increasing with some players off the field was and there is a lot of it, to have an ade- crime and prostitution and a general really more intensive than on the field. quate family and to have a healthy population that became more self-ab- There was less moral clarity as time child, the best chance you have is to sorbed, apathetic and unwilling to sac- passed and just generally a higher level have a father contribute to the rearing rifice for the common good. I do not of troubled young people. of that child and a mother contribute know if any of that rings home or not, This chart that I am going to show to the rearing of that child. It takes but to me it is a little disturbing when you reflects some of the dysfunction both, each one, a male and a female, to you read that list. that we have seen and an alarming contribute something to the stability Then, of course, Great Britain, the trend. From 1960, the number of juve- and the education of that child. We feel British Empire, dominated the world nile court delinquency cases increased that it is important that we think this from the late 1600s through much of by between 400 and 500 percent, just a through, because some countries have the 1800s, and this is what Tony Blair steady upward trend, until the late redefined marriage. As they have done was talking about. That empire even- 1990s. Several factors, I believe, con- so, we have seen less traditional mar- tually slowly crumbled. The reasons tributed to these changes. First of all, riage, we have seen more children born given by historians were that they lost family stability has eroded consider- out of wedlock and more children liv- the national resolve to maintain their ably. In 1960, the out-of-wedlock birth- ing in dysfunctional situations. If you territory, which was spread all around rate, Mr. Speaker, was 5 percent, one want to preserve the culture, if you the world, a great colonial empire, the out of every 20 young people born. want a strong country, you absolutely values that led to ascendency eventu- Today, the out-of-wedlock birthrate is must have strong families. You must ally were eroded and the spiritual 33 percent, one out of three. And so have children who grow up in a healthy underpinnings shifted in that nation. one-third of the young people coming way. Then Russia more recently, only 20 into our population have two strikes Mr. Speaker, that is one reason why years ago, one of two great super- against them. Some of them somehow many of us have some concern about powers at that time, in a matter of or another adapt, weave their way this particular issue. The family struc- months Russia disintegrated before our through, make it okay; but it is much ture, the launching pad, is certainly very eyes. Alexander Solzhenitsyn re- more difficult. not as stable as it once was. There are flected on this fall when he observed In 1960, the great majority of chil- some discouraging signs. The difficult this: ‘‘Over a half century ago, while I dren lived with both biological parents. thing now is that we are taking those was still a child, I recall a number of Today nearly 60 percent of our young young people from that launching pad older people offer the following expla- people will spend at least part of their and we are releasing them into an envi- nation for the great disasters that had youth without both biological parents. ronment that is much less friendly befallen Russia.’’ He said this: ‘‘Men So at least half, and maybe more than than it was 30, 40, 50 years ago. have forgotten God. That’s why all of half, of our young people have suffered In 1960, when I first started coaching, this has happened.’’ Marx and Lenin some major trauma in their family life. working with young people, drug abuse had dismantled Russia’s religious her- Only 7 percent of today’s families are was almost unheard of. Today, of itage and their value system and Rus- traditional families. I use quotation course, drug abuse is of almost epi- sia, even though it continued to do well marks around the word ‘‘traditional’’ demic proportion. Even in rural areas, for a number of years, had a broken because only 7 percent today are tradi- an area I represent, foundation and eventually collapsed tional. A traditional family would be methamphetamines, which are tremen- like a house of cards with nothing to where one parent, primarily the father dously destructive, are very common. sustain it. usually, works full-time and one par- Another type of drug which ofttimes Some of the common themes of these ent, usually the mother, but not al- flies under the radar screen is that of three great world powers and their his- ways, would be home with the children. alcohol abuse involving underage torical collapse would be the following: And so when the children come home drinkers. A National Academy of citizens are less willing to sacrifice for from school at 3 o’clock, generally no- Science study shows that alcohol kills others and for their country, citizens body is home and so the hours from 3 61⁄2 times more kids than all other become more self-absorbed, a greater to 6 are the most dangerous and the drugs combined. And so we are scared desire for the state to provide for their most troubled hours of the day for our to death of cocaine and ecstasy and welfare, less personal responsibility, a young people in our culture at this par- methamphetamine, and we should be; weakening of commonly held values, ticular time. Parents spend 40 percent but when all is said and done, roughly and a decline of spiritual commitment. less time with children than they did a 61⁄2 times more children die from alco- What does all of this have to do with generation ago. The divorce rate has hol abuse than all the other drugs put the United States and our present situ- increased 300 percent since 1960. This is together. ation, Mr. Speaker? We certainly have a big one, Mr. Speaker. Twenty-four Alcohol underage drinking costs the the most powerful military. We have million children today live without U.S. $53 billion annually, roughly 21⁄2 the strongest economy and the most their real father. times what we spent to rebuild Iraq. stable government of any nation in the Fatherless children, according to re- We have 3 million teenage alcoholics. world today. And so it is easy to think search, show the following tendencies: As I said, by far the biggest drug prob- that we are truly invincible. However, number one, they are more likely to be lem, and one of the major concerns is as Tony Blair stated, ‘‘As Britain abused, girls or boys. They are more that children are starting to drink at knows, all predominant power for a likely to have mental and emotional younger and younger ages. The average time seems invincible but, in fact, it is problems. They are more likely to young person today takes their first transitory.’’ abuse drugs and alcohol. More likely to drink of alcohol at age 12.

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.072 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6743 Unfortunately, underage drinkers Enron, WorldCom, Global Crossing. We and the Speaker to consider, as the tend to binge drink. They drink on av- have seen some of it in the press, some election approaches, what candidates, erage, at an average sitting, twice as of it in athletics, some of it in the what people would be most likely to much as an adult; and, of course, alco- church, some of it in politics in the address some of the dysfunction that holism is achievable much more quick- last few years. So the value system has we have discussed here, some of the ly under those circumstances. Alcohol shifted. concerns that we have about our cul- and the drug issue is a big issue. Philosophically, the predominant ture, and some of the things that our In addition, we have the most violent world view that we see today in our young people are enduring. Nation in the world for young people, culture is something called In regard to the first amendment, we the highest homicide rate, the highest postmodernism, and it is especially have found that there are some court suicide rate, and the second-place prevalent on college campuses. And decisions that at least some, including country is not even close. Pornography what postmodernism says is that there myself, would question. has exploded. There are over 1 million are no moral absolutes; everything is In 1996 Congress passed the Commu- porn sites on the Internet. According relative. So in the right circumstance, nications Decency Act, that was the to the London School of Economics, theft is okay; incest is certainly under- overwhelming majority of people in nine out of 10 children ages 9 to 16 have standable, excusable; murder, adultery, this body, that made it illegal to send viewed pornography on the Internet treason. There are no moral absolutes. indecent material to children via the and mostly unintentionally. Corpora- One’s truth is one’s truth. My truth is Internet. But in June 1997, the Supreme tions such as AT&T have in the past my truth. And there are no standards Court overturned portions of the law. been involved in the hard-core pornog- to which we can hang our moral com- They said this: ‘‘Indecent material is raphy business. Some of our more re- pass. protected by the first amendment.’’ So spectable businesses, and I say respect- So in view of the family breakdown, indecent material is protected. able in quotes, have gotten into this the decline of the culture, and shifting In 1996, the Child Pornography Pre- business. values, this is an extremely difficult vention Act outlawed child pornog- Many of us are somewhat dismayed time to be a young person, perhaps the raphy, including visual depictions that by the way the FCC is regulating ob- most difficult time in our history, and appear to be of a minor. In other words, scenity on the Nation’s airwaves. I we are asking them to weave their way this was simulated, computer-gen- would have to say they are doing bet- through a minefield littered with alco- erated child pornography. In April 2002, ter. They have made some attempts to hol and drug abuse, harmful video the Supreme Court declared this law see things differently since the Super games, music, TV, movies, promis- unconstitutional and overturned the Bowl; but it took that, the Super Bowl cuity, gangs, violent behavior, and bro- law. half-time show, to get their attention. ken homes. And I think it is important In October 1998, the Children Online Video games, of course, are very vio- that we pay attention to this because Protection Act was passed by Congress, lent. Some of them are very antisocial this has to do with the strength of our signed into law, and it prohibits the and of course much music, some tele- culture. So this is one reason, I believe, communication of harmful material to vision, many movies are graphic. The why the President has seen a real need children on publicly accessible Web content of some of these media pro- for mentoring, because in the absence sites. The Supreme Court refused to grams simply could not have been pre- of caring adults in the lives of young rule on the 1998 law, and it prevented it sented to the public 30 years ago. people, mentoring seems to be about from being enacted. I have grandchildren ages 5 to 12, and the next best thing that we can do. The 106th Congress passed the Chil- I guess anyone who has young children So a mentor is someone who cares dren’s Internet Protection Act, which or grandchildren is concerned about unconditionally. A mentor is one who requires schools and libraries that re- this. The family is less stable, the envi- affirms, who says, ‘‘I believe in you, I ceive Federal funds to use Internet fil- ronment is more threatening, and our know you can do this,’’ and everyone at tering to protect minors from harmful value system has shifted. Stephen some point needs affirmation. And a material on the Internet. In May 2002, Covey in his book, ‘‘Seven Habits of mentor is one who provides guidance, a Federal court declared the law un- Highly Successful People,’’ reviewed who tells someone that they have this constitutional. all of the literature that had to do with talent, and they can see them going to So free speech, indecent speech is success during the history of our Na- a community college, that they can see protected, while many of our women tion. He came up with something that them developing their artistic ability and children are being attacked, be- was rather interesting. He said during or their athletic talent or their music cause 80 to 90 percent of pedophiles and that first 150 years of our Nation’s ex- or whatever. Everyone needs somebody rapists use pornography on a regular istence, all of the research and all of who sees something in them. So we basis. the articles that he could find, nearly need to pay close attention, as no cul- So the argument is what people see all of them, defined success in terms of ture is more than one generation away and what they hear really does not character traits. A successful person from dissolution. harm anybody. This is just something was honest, a successful person was Two hundred years ago, de Toqueville that is out there in space. And if that hardworking, faithful, loyal, compas- made an astute observation, and this is is true, then why do we spend each year sionate and so on. what he said: He said, ‘‘America is as a Nation billions of dollars on adver- Then he said about 50, 60 years ago, great because America is good,’’ and he tising? The reason is obviously that things began to shift. What he noted was referring to the large number of what people see and what they hear was that success was no longer defined churches and civic clubs and youth and what they read does affect behav- in terms of character. groups and individuals reaching out to ior. It has a great impact on behavior. help those who were less fortunate So there is some concern about these b 2145 when he said this. And he was referring issues. Success had to do with material posi- to the inherent decency of the Amer- Another first amendment issue that tions, how much money one had, how ican people. He was referring to the is a major concern is the issue of sepa- much power one had, how much pres- basic ethic, ‘‘Do unto others as you ration of church and state. Many peo- tige or celebrity one had. So it is very would have them do unto you.’’ And de ple assume that that is in the Constitu- possible under this current definition Toqueville wrote 200 years ago, as I tion, separation of church and state, to be labeled a success and really not said, and I guess the question we have but actually what the Constitution be a very good person, not be a very to ask is, are his observations true says in the first amendment is this: sound person. today? Some are; however, there are ‘‘Congress shall make no law respect- So character apparently today has certainly disturbing signs of change. ing an establishment of religion or pro- very little to do with whether a person I will conclude today, Mr. Speaker, hibiting the free exercise thereof.’’ So is called successful or not. And, of by discussing a couple of concerns that the establishment clause simply says course, we have seen a discouraging I have with the courts, and I think, as that Congress, this body, cannot create lack of integrity in the business world: I go through this, I would like people a state religion and cannot prevent

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.073 H07PT1 H6744 CONGRESSIONAL RECORD — HOUSE September 7, 2004 somebody from practicing a religion. knew to be true; we are suffering in When I was home during the district That is what it says. So we have taken very areas they predicted.’’ work period, I think most people know that and run with it. So in referring to the establishment that the Congress was in recess from So in 1962, the Supreme Court ruled clause, I would like to just make a cou- the end of July during the time of the the following prayer as being unconsti- ple of observations: In 1992, that the Democratic convention until last week tutional, and this is what the prayer Supreme Court ruled that an invoca- during the Republican convention, and said: ‘‘Almighty God, we acknowledge tion and benediction at a graduation I heard constantly in my district office our dependence on Thee, and we beg ceremony in a high school was uncon- at the forums that I held, at the open Thy blessings upon us, our teachers stitutional. The Court held that a houses at my offices, about the prob- and our country.’’ I do not want any- minute of silence in a school was un- lems that Americans were facing, peo- one to believe that I am saying that a constitutional. In a minute of silence, ple who had lost their jobs, people who teacher ought to get on a PA system, somebody might look out the window, had tried to find another job and found or the superintendent, or a teacher somebody might think about their his- another job that paid less or did not ought to get up in class and proselytize tory test, somebody might say a pray- provide the same benefits, people who or try to promote a particular religious er, but certainly this was not infring- had lost their health insurance; and I agenda. I do not believe that at all. But ing, I would not think, on anyone’s re- really do not believe that the situation it seems to me that many of the rul- ligious principles. In a student-led the gentleman described about the ings that we have had have taken us prayer at a football game, the students economy is at all rosy. far afield from what the Founding Fa- had voted that they wanted a prayer The economy is not doing well. The thers originally espoused. before the football game, a student average person is really feeling Benjamin Franklin said this: ‘‘We would lead the prayer, and the Su- squeezed because what is happening is have been assured, Sir, in the Sacred preme Court said that is not constitu- they work harder, and, as the gen- Writings that except the Lord build the tional. tleman mentioned, productivity is up, house, they labor in vain that build it. So the thing that has happened is but wages are not keeping up with it, I firmly believe this. I also believe that that we have seen some jurists who and Americans find themselves work- without His concurring aid, we shall seem to have taken what I would say ing harder, earning less money, and succeed in the political building no great liberty with the Constitution. So facing increased costs for gas, schools better than the builders of Babel; we the Constitution is increasingly inter- to send their kids to college, and shall be divided by our little, partial preted as a ‘‘living document,’’ in health insurance. local interests; our projects will be quotes. So the Constitution is not in- b 2200 confounded; and we ourselves shall be- terpreted as it was written, but rather come a reproach and a byword down to as Justices believe it should be written They are really not very optimistic future ages.’’ and as it has become. So this ‘‘living about the future of the economy, be- And he goes on to say this: ‘‘I there- document’’ hypothesis has changed cause the situation seems to be getting fore beg leave to move that, hence- things dramatically. worse over the last 4 years. forth, prayers imploring the assistance The makeup of the courts and the So this evening I wanted to really of Heaven and its blessing on our delib- will of Congress will greatly influence pose, and I see some of my colleagues eration be held in this assembly every whether we continue to drift further are here, so I would like to start with morning before we proceed to busi- from our spiritual heritage or draw some of them, but I would really like ness.’’ So that is the inception of why close to those values upon which our to pose the question about whether or we have a prayer on the House floor Nation was founded. I believe that No- not over the last 4 years Americans’ and in the Senate every day before we vember’s elections will directly influ- lives have improved or gotten worse. I begin business. And obviously Ben ence not only the makeup of the Con- think for most people, the answer is Franklin was one of the Framers of the gress, but also ultimately the nature of definitely that they have gotten worse. Constitution, and yet he did not seem the courts, and this is something I When you ask people are they better to see that prayer was to be abolished. think we need to pay close attention off today than they were 4 years ago George Washington said this: ‘‘The to. when President Bush began his Presi- propitious,’’ or favorable, ‘‘smiles of So there is no question that we are dency, the answer is no, they are not Heaven can never be expected on a Na- engaged in a cultural and spiritual better off. I realize that my Republican tion that disregards the eternal rules struggle of huge proportion. Much is at colleagues spend a lot of time talking of order and right which Heaven itself stake. I can only hope that the prin- about how the situation has improved has ordained.’’ So when he talks about ciples upon which this Nation were in Iraq; but, frankly, I think in many eternal rules of order and right which founded remain preeminent. ways the money that has been spent in Iraq for reconstruction, for sewers, for Heaven has ordained, obviously he is f talking about some immutable prin- hospitals, for education, has been spent ciples. He is talking about some values THE STATE OF OUR ECONOMY at the expense of what could be done which do not shift with the sands and The SPEAKER pro tempore (Mr. here, because as we know, many Amer- the whims of individuals. So he obvi- KING of Iowa). Under the Speaker’s an- icans really face increased costs and ously would not agree with nounced policy of January 7, 2003, the the inability to access health insur- postmodernism. gentleman from New Jersey (Mr. ance, the inability to send their kids to David Barton, the historian, says PALLONE) is recognized for 60 minutes the college of their choice, the inabil- this: ‘‘Franklin had warned that ‘for- as the designee of the minority leader. ity in many cases even to be able to getting God’ and imagining that we no Mr. PALLONE. Mr. Speaker, I lis- find an apartment or to pay for the gas longer needed his ‘concurring aid’ tened attentively to my Republican so they can go to work. would result in internal disputes, the colleague’s remarks, and I do have a I know that I do not want to always decay of the Nation’s prestige and rep- great deal of respect for the gentleman, be pessimistic, I like to think optimis- utation, and a diminished national suc- but I have to take issue, I should say, tically, but the picture that the Repub- cess. Washington had warned that if re- with some of the comments he made. licans paint and the picture painted at ligious principles were excluded, the First of all, as much as he discussed the Republican convention last week Nation’s morality and political pros- about how the situation has improved about a rosy America and things get- perity would suffer. Yet, despite such in Iraq, and I am not sure that that is ting better and jobs being more avail- clear words, in cases beginning in 1962, the case, but he did talk about how the able, these things just simply are not the Supreme Court offered rulings U.S. has spent so much money on Iraq, true. The economy is not doing well. which eventually divorced the Nation, in reconstruction in Iraq, and hos- The job situation is not good. Most im- its schools, and its public affairs for pitals, schools, other activities, the portantly, Americans feel increasingly more than three centuries of heritage. bottom line is that much of that that they work harder and that they America is now learning experientially money I think would have been better have to pay more and that they get what both Washington and Franklin spent here. less.

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.074 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6745 I have some of my colleagues here to- administration. In fact, this adminis- is why I am so concerned and so much night. I see the gentlewoman from tration has already lost almost 2 mil- wanting to respond to your question, Texas (Ms. JACKSON-LEE) is here. I lion jobs; more than 5 million Ameri- are we better off today than we were 4 know she also waited through the last cans have lost their health care, and years ago, because the question is, we hour listening to our Republican jobs are still being shipped overseas. should be going forward. speaker. I would like to yield to her at So I would just like to briefly focus What does going forward mean? It this time. on health care and focus on security. I means we cannot talk about 44 million Ms. JACKSON-LEE of Texas. Mr. serve on the Select Committee on that did not have the insurance 4 years Speaker, I thank the distinguished gen- Homeland Security and spent a number ago, and we are now 4 years later and tleman for yielding. I am very pleased of days in the month of August in hear- we have done nothing as a Congress to to join him and to also be joined as ings here in Washington, had the privi- stem the tide, or the Republican ad- part of this Special Order by the gen- lege of joining my colleagues, the gen- ministration, to stem the tide of this tlewoman from Chicago, Illinois (Ms. tleman from Texas (Mr. ORTIZ), and the travesty. SCHAKOWSKY). gentleman from Texas (Mr. TURNER), at As I look at other issues that are im- I think the wait is important, be- the border looking at crisis issues deal- pacting Americans, the other one that cause as we return from the work re- ing with the necessary resources that comes in at a very high level is, how cess, and I am glad the gentleman men- our Border Patrol needs. would you say it, the dismantling of tioned a number of constituents that By the way, our Border Patrol said the pension systems of Americans he encountered, all of us have, whether they do not want the military there, as around the country, whether it is a they have been in our own respective many of the Republicans have tried to public pension system, a private pen- districts or States, but around the Na- do over and over again, but they do sion system. Of course, Enron happens tion, I think we are at a precipice, we want increased resources to secure the to be the poster child for that. But are at a crisis, we are at a no-return homeland by safeguarding the border. every single day Americans are finding point. But let me just simply say in the out that their pensions are being de- What saddens me is that we have a course of looking at America’s needs, creased, diminished, or eliminated. collective body of the executive and in addition to the loss of 2 to 3 million We have sought not to do something the majority in Congress that refuses jobs and no replacement of such, the about that. We decided to give 1 per- to deal with the issues that we have last month we saw only 144,000 jobs, cent of the richest Americans millions heard from our constituents. Might I way below the necessary job creation of dollars in tax cuts, but yet we have say to you that I did not see an R on in order to catch up with the 3 million refused to come and deal with the these constituents or a D or an I, jobs lost. bread and butter issues that Americans meaning Independent, or a non-voter or While I was home in the district, I are concerned about. I am concerned that Americans have someone who is nonpartisan or bipar- had a teacher that used to be, I believe, to deal with these bread and butter tisan. I saw average Americans plead- either a Teamster or steel worker, I issues. I am concerned that our moth- ing with Members of Congress to get think he was a Teamster, and he was ers and fathers, whom we claim to be the job done. indicating that he educated himself the Greatest Generation, tomorrow Might I just share with you what our through his union work. He cannot get will have to pay a 17 percent increase colleagues are going to be spending health insurance for his children in their premium on their Medicare. I their time on as we look toward the through the State of Texas. He is a have yet to call home to my mom to be November election. Rather than spend- teacher teaching our children, but he able to sort of say it softly, because I ing intense time on getting a serious cannot afford the kind of quality know what that will mean to someone appropriations bill, because, as you health insurance; he cannot pay for it. like her that is on a fixed income. She well know, we are told that we may Mr. PALLONE. Mr. Speaker, reclaim- is only symbolic of the millions of sen- have to return for a lame duck session, ing my time, I have to say, when I had ior citizens on fixed income. and the only reason is because we are the open houses, and at my typical I hesitate to think, a $2 billion check going to take up a lot of time, not on open house I will have 100 people show going to Florida, and by the way, not the serious issues, but on the frivolous up at one of my offices, that was the much money got to New York after 9– issues that will just create the kind of biggest concern. People had lost their 11 as quickly as it got to Florida, and political and social divisiveness that health insurance, were not able to get I want it to go to Florida. I will be vot- the Republicans want to see happening. it on the job anymore. ing unanimously on it, I think it was For example, I am told that the other Again, the problem that I see is that passed unanimously tonight. But there body is going to take up the flag-burn- this Bush administration talks about are senior citizens who are not only ing amendment. As I understand it, how they are going to improve access suffering from Charley and Frances, Flag Day was 2 or 3 months ago. All of to health insurance, how they are but now they are getting hit from us understand that there are dif- going to improve access to college, No Washington, D.C. with a 17 percent in- ferences of opinion; but, more impor- Child Left Behind. But when you talk crease in their premium. tantly, I do not know the last time to the people, the reality is things are Mr. PALLONE. Mr. Speaker, reclaim- that a flag in the United States has getting worse on every one of these ing my time, I just wanted to say if been burned over the last 20 years. So fronts. We saw statistics 2 weeks ago, a you listen to the President during his we are going to be dealing with that report came out, that said we started acceptance speech at the convention, debate and question. out with 40 million uninsured 4 years he said that he was going to do all I understand they are going to be ago. Now it is 45 million. Just an exam- these things for seniors. Of course, he talking about abortion, taxes, reform- ple. trumpeted the so-called prescription ing the legal system, and, of course, Ms. JACKSON-LEE of Texas. If the drug benefit that kicks in in 2 years, in amending the Constitution. None of gentleman will yield further, it is con- 2006, which I think is a sham. those deal with the issues that are tinuing to grow. I know we as a body, But when asked about this 17 percent hurting Americans today, Americans as a Congress, have increased our ac- increase in premiums for Medicare part who are trying to send their children cess to the Web or access to the Inter- B, he said, oh, that is because health to college, those of us who have seen net. It would be interesting as we de- care costs have gone up. But what he young people graduate from high bate these issues in Special Orders, neglected to mention was the biggest school and their parents, middle-class would it not be interesting to have peo- factor in this increase is the fact that parents, not having the resources, the ple sign on to the Web: ‘‘I agree with with that prescription drug so-called Pell grants, the various scholarships this issue,’’ ‘‘I disagree.’’ benefit, which you and I realize is real- that are necessary, because they hap- I would venture to say you would get ly not going to be a benefit in 2 years, pen to be in the middle-class squeeze. 40 to 45 million hits on this question of so much money has gone to the insur- Many of them, in fact, are part of those health care and the uninsured, because ers that that is resulting in the part B 3 million who have lost jobs under the it involves working people. That is increase in premium going up 17 per- Republican Congress and Republican what I think our colleagues, and that cent. There is a link between the two.

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.077 H07PT1 H6746 CONGRESSIONAL RECORD — HOUSE September 7, 2004 So, once again, they say we are going among our soldiers over the past cou- tleman and I hope that we will con- to help the seniors, and the reality is ple of months, no enunciated exit tinue to work so that the American that their health care costs are going strategy. people can see that there are those who up tremendously. We have not had an Now, let me make it very clear be- believe that their jobs are to improve increase like that in part B in any- cause our candidate, Senator KERRY, their quality of life. body’s memory. I do not know if there has received a beating because he has Mr. PALLONE. Mr. Speaker, I want has ever been that much of an increase. been honest, because he indicated that to thank the gentlewoman. I know I A lot of it is linked to this sham Medi- he voted against the $87 billion, not out started out asking the question, are care prescription drug benefit because of flip-flop, but because the $87 billion you better off than you were 4 years so much money is going to the insurers was not getting the job done and it was ago, and I was primarily focusing on it and not actually coming back to the destroying the domestic agenda. from an economic point of view. But as seniors, not to mention it does not But the real question is what kind of the gentlewoman points out, from a se- even go into effect for a couple of exit strategy, with honor, does this ad- curity point of view as well, we can years. ministration, this Republican Con- easily say that in the aftermath of 9– Ms. JACKSON-LEE of Texas. Mr. gress, have? They absolutely have 11, we can say that the recommenda- Speaker, if the gentleman will yield none. How do they mix that, Afghani- tions of the 9–11 Commission and the further, I see my colleagues here. Let stan’s security and Iraq’s security, idea of making the homeland more se- me try to at least bring a few points with the idea of homeland security? I cure, we can really not make the case out, and then yield back to the gen- did not hear one word, much of discus- that that has happened either under tleman, because I know that everyone sion, of homeland security in the 4 or 5 this administration, so I think that is in their communities are finding this days of that convention. a good point that the gentlewoman out. But let me just point out for you makes. Let me add not only to the pharma- what is happening with homeland secu- I yield to the gentlewoman from Illi- ceuticals, but the HMOs are taking a rity in this country. A task force head- nois. large chunk of these dollars as well, ed by former Senator Warren Rudman Ms. SCHAKOWSKY. Mr. Speaker, I and the services, look, when you see found that the United States remains thank the gentleman from New Jersey doctors, they are complaining about dangerously ill prepared to handle a for leading us in these Special Orders the complexity of the Medicare system, catastrophic attack on American soil. so that we can talk truth to the Amer- the dismantling of the Medicaid sys- This is not a partisan report, but is ican people. tem almost, where they cannot utilize cited by the 9/11 Commission. The fact of the matter is that a large that. So the victims in this are the It specifically said the Bush budgets majority of Americans do think that medical professionals, nurses, nurse would leave a $98.4 billion funding gap the country is going in the wrong di- practitioners, doctors, hospitals and for first responders over the next 5 rection. They do not think they are the actual consumer of the product and years, a finding the Rand Corporation better off today. In listening to some of the other guys who stand alongside. essentially seconded. our colleagues on the Republican side, By the way, we all come from com- I do not believe any of these have it sounds like they think that the munities where we know that there is a Democratic credentials or are part of American people just do not get it; lot of good work that pharmaceuticals any sort of partisan activity. that if they would just look at their can do. My problem is that the bad This year the President is proposing charts and really understand the truth, part of the business has been enhanced to slash more than $600 million, 14 per- they would understand that things are by this Republican agenda, that is, the cent, from first responder funding. really better. 3-hour vote we had on Medicare, versus Similarly, the Bush administration has But the fact of the matter is that it the good part, because pharmaceuticals allocated less than $500 million for port is the Republicans who do not get it, or do some good work. But the question is security, even though the Coast Guard are not listening to the people who are the benefit has not gone to the con- estimates that $7.5 billion is needed in telling them that no, in fact, maybe sumers. It has actually gone, in fact, to the next decade. This is the homeland they do not even read the newspapers, these folk that are putting money in security of this Congress and the home- except the articles they like to read, their pocket. land security of this administration. because the headlines, I think it was What else has happened? On the front The majority leader said that the 9/11 during the convention, in fact, that page of the Houston Chronicle today, Commission report is going to be high were saying that, in fact, a million and I think the article is all over the on the agenda. Maybe it is going to be more people now are without any country, millions of dollars are being high on the agenda, but they do not health insurance in the United States cut from research labs and research want to do one single thing that the 9/ of America, that more Americans have universities in America. The highest 11 Commission has suggested, including fallen into poverty in the United percentage of research dollars started the fact that this so-called intelligence States of America. The fact that there in 1999 under President Clinton, and it director, I believe, and I have legisla- is the kind of poverty that we have continued that momentum. Now, under tion on this, should be a cabinet-level here in the richest country in the this administration, there are research position. I think that is crucial in the world is a disgrace in and of itself, or professors that do not even know work that we are trying to do. that there are people without health whether they will be employed. The I believe that we have come back and care. very same researchers who found the there is no agenda in this Congress; We are facing health care issues in human genome and other kinds of out- and, frankly, I think it is important for my family, and one of my loved ones standing opportunities that we had in the American people if they can sign was just in the emergency room, got a research, can you believe it, they are on to a Web site and say stop fooling bill for one night in the emergency going to be shut down because we are around with frivolous issues, divisive room, $16,500. Now, fortunately, she has cutting their research money. issues, and issues that do not provide health insurance. What if she did not? Let me quickly just go to this ques- the bread and butter questions that She would have a bill for $16,500. You tion of homeland security because I Americans are asking, get to work. find me an American family that can think it is enormously important to easily absorb that kind of thing. point out tragically that the war in b 2215 Mr. Speaker, we know that college Iraq and the Afghan war, many of us I hope that the Democrats will be tuition is up. We know that wages for understand that there is a need to fin- able to say to the Republicans in this average workers are down. We know ish what unfortunately was started in House, we need to work on behalf of that there are problems in after-school the wrong way. the American people, not the Novem- programs all over. We know that prop- But the problem is, as evidenced by ber 2nd election of which they are try- erty taxes are going up, often wiping the tragedy of seven Marines being ing to establish an agenda for and, as a out any possible tax benefit that they killed in the last 24 hours, August result, the American people are suf- may have had on their income tax, if being the highest number of casualties fering. I am delighted to join the gen- any. We know that seniors are going to

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.078 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6747 be paying more for Medicare. Maybe table to figure out just how to make are not there. It is just a lot of hype, they got a measly check for a refund ends meet and have a decent life for and that is what we are getting and on their income tax, more than eaten their family. You better believe that continue to get from this administra- up by the increase that they are facing for most Americans, this means noth- tion. But I want to thank the gentle- in their prescription drugs and then ing. This is a slap in the face to them. woman for providing a really good ex- their Medicare premiums. So they bet- We can do better as a country. If ample. Thanks. ter check it out. The American people they think the country is in the wrong I yield to the gentleman from Maine, understand the country is going in the direction, it is. It is topsy-turvy, when one of our champions on the health wrong direction and the economy is we are not looking at those people who care issue. not good. want an after-school program for their Mr. ALLEN. Mr. Speaker, I thank But I bring my colleagues good news. child, or want to be able to send their the gentleman from New Jersey for I have found the people who are bene- kid to college, that we are going to be holding this Special Order on whether fiting. My husband has a pilot’s liable to provide a 79 percent tax break or not Americans are better off than cense, so he gets all kinds of mail and to somebody buying a private jet. they were 4 years ago. I particularly he got this in the mail, a beautiful pic- I thank the gentleman for letting me want to thank the gentlewoman from ture of a private jet. And it says on the talk about this tonight. Illinois, because I thought that was a front, ‘‘Bank with it. Land the ulti- Mr. PALLONE. Mr. Speaker, I appre- great example of how the very wealthi- mate tax benefit with a Cirrus high- ciate the gentlewoman’s comments, be- est among us can benefit enormously performance aircraft.’’ You look on the cause we need to point to personal ex- from the administration’s tax cuts, and back and it says, ‘‘Deduct up to 79 per- amples to show how the policies of this yet the rest of the people are basically cent. Your defining moment is now. administration are impacting real peo- left high and dry. That is why 50 per- Better get moving. Take delivery of ple, and I think that that is really one cent of the American people have not the internationally acclaimed Cirrus of the best. I am sure that is one of noticed any benefit at all from the aircraft before December 31st, 2004, and those tax loopholes that was put into Bush tax cuts. you will be able to take off with more the jobs bill, or whatever that bill was But that is a very good example, be- than you think. Interested, aren’t you? called, the tax bill of the Committee on cause it is possible, as we all know in For only $220,000, you can purchase a Ways and Means at the request of the politics, to repeat something over and Cirrus srV.’’ That is the low-end Cirrus small aircraft companies, and it is just over again, even if it is not true, and plane. And, it says, ‘‘You must act incredible. persuade a certain number of people quickly to take advantage of this in- I want to yield to the gentleman that it is. I give my colleagues this ex- credible tax advantage. Delivery slots from Maine, but first, one of the people ample. I was coming down from Maine are limited for the remainder of 2004,’’ that came into my office when I had an on the plane today and talking to the and then they cite the Jobs and Growth open house one day, and I said it was fellow on the plane and we got talking Tax Relief Act of 2003. ‘‘If you ever mostly about health care and the loss about these tax cuts which most people needed an incentive to fly, this is it,’’ of health insurance, was a guy from know are weighted for the wealthiest they say. Edison, New Jersey, which is my larg- people in this country. And he said, The Jobs and Growth Tax Relief Act est town, and he worked for the Well, but don’t these small business- of 2003, this new law makes the pur- Frigadaire plant, which made refrig- men and women, aren’t they the ones chase of a new aircraft financially erators, air conditioners, that kind of who create most of the jobs? And you more attractive than ever, by pro- thing, and the plant closed this year realize what the administration has viding increased incentives for new air- and there were 1,500 jobs, they all went been able to do. They have been able to craft purchases delivered before De- to China. And he came to my office be- hoodwink a certain percentage of the cember 31, 2004. This law allows bonus cause under the Job Retraining Act or American people into believing that depreciation up to 50 percent off the something that Republicans, whenever the very, very wealthiest people in this purchase price of the new aircraft, and they pass these trade bills, they say oh, country are the small businessmen and then it talks about additional write- do not worry, because we are going to women. Well, small businessmen and offs. provide all kinds of retraining. And as women in my State are not making $1 Anyway, so get out your checkbook; my colleagues know, President Bush million a year. Maybe a few are, and I $220,000 for a Cirrus srV. Your total has cut all of the retraining money, so hope we will have more of them. But first-year deduction, first-year deduc- whatever was promised out there when the cold, hard truth is, a lot of them tion, $172,800, or 79 percent. you lost your job that you are going to are struggling to get by. They are real- So do not tell me that there are not get retrained, most of that has dis- ly struggling with the rapid rise in people benefiting from this tax cut. We appeared. In New Jersey, it has pretty their health care costs, but it simply is got another ad that my husband cut much dried up, the Federal dollars. not true that the Bush tax cuts go to out from Flying Magazine which he So he came in and he actually found the small business community in gen- subscribes to that shows the man with a job which paid a little less and did eral. his jacket flung over his shoulder com- not have quite the benefits of the one But what the administration has ing out of this airplane. I guess this is he lost, but still was a pretty good job. done and what the Republicans in Con- the guy who has benefited or can ben- In order to get it, he had to go through gress have done is marvelous. They efit from the tax cuts. some training program that was sup- have described as a small businessman Now, you explain to people who do posedly funded by the Federal Govern- the typical person who is worth a half not have a job, have been looking for a ment. When he showed up at the train- a billion dollars, a half a billion dol- job, who cannot afford that $16,500 bill ing program, they told him that the lars, and just because he or she has in the emergency room of a hospital, money had been cut, there was not any some investment somewhere in some who cannot send their child to college, more money. So he actually lost the small business, they are described as a who does not have any health benefits job. It was an opportunity to find a job small businessman. That is what they from the new job that he or she got be- that paid a reasonable amount, and he have done to distort the truth. cause there are not any benefits, why lost the job because the training If you stand back and go to the ques- this is so doggone important. ‘‘Bank money was not there. tion that you posed earlier, are most with it. Land the ultimate tax benefit Every promise that we get from this Americans better off today than they with a Cirrus high-performance air- administration, whether it is prescrip- were 4 years ago? That is an appro- craft.’’ tion drugs, or expanded health care, or priate question to ask. Because though These are the people, this is the pri- more opportunities for college, or re- elections are about the future, the ority of this administration, while the training, if you lose your job, it just all record of the incumbent is really some- rest of us, of our I guess not very smart ends up being not true. I mean I do not thing that needs to be examined. The constituents who have not figured out know how to say it. I do not want to President and the congressional Repub- how great the economy is and are say it is a lie, but it is just not true. licans are saying, stay the course. We struggling every night at their kitchen The funding is not there, the programs are back on track. The economy is

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.080 H07PT1 H6748 CONGRESSIONAL RECORD — HOUSE September 7, 2004 doing well. Well, when the election ministration and the Republicans in or college, the fact is that education hits, we will still be down a million pri- Congress would be a foolhardy under- costs a lot more than it used to, and vate sector jobs over 4 years. This is taking. And that is why I am so yet it is more critical than ever before. not a 12-month problem, an 18-month pleased that my colleague has held this And the third is the cost of health problem, it is a 4-year problem. We Special Order tonight, because we have care. The cost of health care is going have lost over a million private sector a lot to say and the numbers, frankly, up in a way that is just putting middle- jobs during the Bush administration. speak for themselves. income families right on the financial No President since Herbert Hoover, 80 Mr. PALLONE. Mr. Speaker, I thank edge. And this is a world that the con- years ago, no President has had that the gentleman. One of the things, be- gressional leadership here, the Repub- poor of a record on job creation. fore me there was a Republican who lican leadership and the administration So let us think about this problem spoke, and somebody that I admire a just do not understand. And the reason generally. Do we want to know how the great deal, but he cited the reasons I say that is because they never talk economy is doing? Let us talk about why the Republicans feel the economy about it; they never talk about it. jobs. We are down a million in the last is getting better. And some of them I And their economic policy is not di- 4 years; wages, median incomes in thought were so off base. The one that rected at these people; it is directed to terms of real dollars adjusted for infla- was the most off base was he talked making sure that the wealthiest people tion are down; and health care. And about how productivity had increased in the country get very large tax cuts. what has happened in health care? Two over the last 4 years. And that is true. Hopefully, the theory was, I remember things. The cost of health care, the pre- But the problem is it has not benefited when the 2003 tax cut was being de- miums that people are paying, particu- the worker. bated last year, the theory was if we larly in the small business community, In other words, when I was home in could gin up the stock market, then are going up and going up rapidly. In New Jersey, not only did I hear from that will lift up the whole economy. my State of Maine, small businessmen people about how they had lost their Well, Main Street is more important and women will tell me, their pre- job or they had lost their health insur- than Wall Street. It comes down to or- miums are going up 20, 30 percent a ance, but I also heard, I found another dinary people earning enough to be year, year after year after year. So job, I have a job, but I have to work able to buy the goods that American that is one problem. The second prob- harder and I am not getting paid as manufacturers and American service lem is, we have seen an increase of 5 much. And that is the other reality, providers have to offer. million people during George Bush’s which is that, yes, productivity is And what we are seeing with first term, 5 million people who no going up, people are working harder, outsourcing, with the squeeze and longer have any health insurance at but they are not benefiting from it. downward pressure on wages, more pro- all. Stay the course? Support the Presi- Their real wages have decreased sig- ductivity as you say, but less hours dent? We are on the right track? It nificantly over the last 4 years, and worked and lower wages, now, this is makes no sense. they do not have the pension benefits, really a very, very serious economic The cold, hard truth reflected in and they do not have the health insur- policy. these numbers is that this administra- ance benefits. That is why I think that it is time tion has paid attention to the stock And my colleague, again, some of the for a change in direction in leadership. market and to people earning $1 mil- things that the Republican colleague Now, the administration will say lion or more a year, tried to provide said I agreed with. He talked about anything. And what they always say if them the benefit and tried to hoodwink character and how important it was for one criticizes their economic policies the rest of the American public into be- people to have good character and a or any other policies they say you are lieving, if only we take care of the very sense of responsibility. And I think being a pessimist. You are being a pes- wealthy and we give them tax breaks, that is all true, but we are talking simist. So if one points out the truth, then all of the benefits will trickle about people who are willing to work, he is criticized for being pessimistic. down and jobs will be created. in many cases work harder by his own Frankly, JOHN KERRY has the right acknowledgement than they did 4 years answer: we can do better. I mean, this b 2230 ago, but they should benefit from that. country can do a lot better for the Re- Well, the proof is in the pudding. If They should not be faced with less in- publicans in Congress and the adminis- that strategy made sense, then the 2001 come in real dollars or the inability to tration to be satisfied with net nega- tax cut and the 2003 tax cut should pay for health insurance. tive job growth over 4 years, with a de- have produced, according to the Presi- It is one thing to talk about char- cline in the median income wage level, dent’s estimates, according to his acter. I think Americans have a lot of with a dramatic explosion in the num- Council of Economic Advisors, 7 mil- character in the sense of responsibility, ber of Americans who do not have lion new jobs. And instead we are down but they just find themselves working health insurance, and rapidly rising 1 million, more than 1 million. two jobs and in some cases three jobs premiums for those who do not. That is So all one has to do is see what they and not bringing home the same a record of failure. And why any Amer- promised and look at the results. This amount of money in real terms that ican would vote for those who have es- is not a strategy that worked in the they were 4 years ago. That is the trag- poused that kind of record of failure is 1980s; it is not a strategy that is work- edy of it. It really is. really beyond me. ing today. I yield to the gentleman. We need to have this debate to make One other factor that ought to be Mr. ALLEN. Mr. Speaker, I thank sure that people understand that what thrown in, we have something over 1 the gentleman for yielding. I have been they are saying about their economic million, 1.2 million, I am not sure of reading this book called ‘‘The Two-In- policies is, frankly, not true, not the exact number, people who have now come Trap. Why Middle Class Parents grounded in sound economics, but is fallen below the poverty line in the last Are Going Broke’’ by Elizabeth Warren grounded, as it has been in the past, in 4 years. And we have detected what and Amelia Warren Tyagi. There are wishful thinking. That if they help the Alan Greenspan calls a softening in the trends going on in our economy, have very wealthiest, somehow the rest of us economy already. For job creation, this been for some time, that are making will benefit. We have had 4 years of it. year is worse than any single year dur- life very, very hard for middle-income It has not worked. It is time for a ing the Clinton administration. This is Americans. One is the explosion in the change. worse than any single year in the Clin- cost of housing. Absolute explosion. If Mr. PALLONE. Mr. Speaker, I want- ton administration, and this is the you want to buy a house on a safe ed to mention one other thing. I was so year of recovery. street in a place where there are good glad my colleague mentioned about the So it is pretty clear when you look at schools, you have to pay much, much housing market, because one of the the numbers, when you look at the more money than you did 4 years ago, other things that the Republican Mem- record, this administration has an 10 years ago, 20 years ago. ber who preceded us talked about as to abysmal record. And for most Ameri- Second is the cost of education. why things were better was he talked cans, staying the course with this ad- Whether one is talking about preschool about low interest rates and linked

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.082 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6749 that to homeownership. Of course, I am out there in front on all the health gardless of the number of jobs, the bot- not advocating higher interest rates. I care issues and certainly tonight was tom line is that the standard of living think that low interest rates are a no different in that respect. is going down because people have to good thing, although they have actu- Mr. Speaker, I wanted to go back to work harder and make less money. ally gone up a little bit in the last cou- this issue that I mentioned a couple He says, ‘‘Despite the statistical ple of months. But my colleague point- times this evening about how people growth in the economy, the continued ed out how often times, and this is cer- are working harder but not sharing in slack in the labor market has resulted tainly true where I am in my district the gains. And I particularly mention in a decline in real wages for anxious in New Jersey, that people simply can- this because I guess 2 days ago was American workers and a marked dete- not afford the homeownership, even Labor Day and my Republican col- rioration in job quality.’’ with the lower interest rates. league tonight talked about produc- From 2000 through 2003, there was a And what I find is happening where I tivity and increased productivity, that $1,500 loss in median household income, am in New Jersey, I live along the that was such a positive value in the or basically a 3.4 percent decrease. We coast, so the housing market has got- economy. have a 3.4 percent loss in real income ten so ridiculous in terms of the price There was an article in the New York juxtaposed with a jump in produc- of a home or even an apartment or a Times that was actually on Labor Day tivity. ‘‘This is the part of the story condo or co-op, that what is happening this past Monday, that was essentially that spotlights the unfairness at the heart of the current economic setup in is any new construction is being pur- trying to highlight this issue of in- the U.S. While workers have been re- chased by people who have a lot of creased productivity, or Americans markably productive in recent years, money for investment. So the people working harder but not sharing in the they have not participated in the bene- who need a new home are not able to gains. It was an op-ed piece by Bob fits of their own increased produc- Herbert that was entitled ‘‘An Econ- afford it, but the people that are buy- tivity. That does not sound much like omy That Turns American Values Up- ing the homes are investors, or a condo the American way. or co-op unit, who then seek to rent it side Down.’’ Why Americans are ‘‘Today’s workers have lost power in out or something. ‘‘working harder but not sharing in the many different ways through the slack And I am not saying this is always gains.’’ labor market, government policies that the case, but my colleague is right I thought that that was so relevant favor corporate interests, the weak- about the prices for homes. It is just because it kind of goes back to the ening of unions, the growth of lower- completely out of reach. What is hap- whole issue of the middle-class squeeze paying service industries, global trade pening is that the people who live in that many of my Democrat colleagues capital mobility, the declining real my hometown of Long Branch, but it is were talking about tonight. I just value of the minimum wage, immigra- not just Long Branch, are traditionally wanted to reference certain sections of tion and so on. losing their homes and have to leave. this article by Bob Herbert because I ‘‘The end result of all this is a trait And I do not know where they are thought it was so much on point. of American families struggling just to going, certainly going to leave the dis- He begins by saying that the Labor hang on rather than to get ahead. The trict because they simply cannot afford Department reported last week that benefits of productivity gains in eco- the high prices. 144,000 payroll jobs were created in Au- nomic growth are flowing to profits, So even though low interest rates gust. And he wants to put that, of not worker compensation. The fat cats help many times, they help the course, in perspective: ‘‘The number are getting fatter while workers, at wealthier person who will buy a second was below market forecasts. It was also least for the time being, are watching or third home rather than the younger below the number of jobs needed to ac- the curtain come down on the heralded person who is trying to buy something commodate the growth in the unem- American dream.’’ because they cannot afford the prices. ployment age population. In short, this b 2245 It is absolutely true. was not good news. It is only by the di- Mr. ALLEN. Mr. Speaker, if I could minished job creation standards that I mean, I understand what my Repub- continue that thought, one of the have prevailed since the last recession lican colleague said earlier when he points that Elizabeth Warren makes in that any positive spin could be put on was trying to paint a rosy picture of this book, ‘‘The Two-Income Trap. Why last month’s performance.’’ the economy getting better. I do not Middle-class Parents Are Going President Bush has been out there even think that is true, but the bottom line is, regardless of any growth in the Broke,’’ is that often it takes two in- talking about how great it was that economy, it is not benefiting the aver- comes in order to be able to buy a these 144,000 jobs were created in Au- age worker. That is why when we go home. But once you have bought the gust. And what Bob Herbert is saying is home, myself and my Democratic col- home and you have signed the mort- that this is a spin that has been put on leagues, and we hear from our constitu- it when the reality is that over the last gage, that is a fixed expense. You can- ents, they are very pessimistic about 4 years we have lost so many jobs. not get out of it. It is not discretionary the future because they realize that He says, and I quote again, ‘‘After al- income. It is not like cutting back on even if they have a job, that they are most 3 years of recovery, our job mar- food, skipping going out to a res- working harder and not making any ket is still too weak to broadly dis- taurant once in a while. These expenses more money in real terms and the have become the most important ex- tribute the benefits of the growing prices for everything continue to go up. penses. economy. Unemployment is essentially Mr. Speaker, in the time that I have And the reason why middle-income unchanged, job growth is stalled, and left, I just wanted to be critical, be- families today have less discretionary real wages have started to fall behind cause I do not know how else to put it, income than middle-income families 20 inflation. Prolonged weakness in the of the President and the Republican years ago is because their money is all labor market has left the Nation with convention and the way they portrayed tied up in fixed expenses. It may be a over 1 million fewer jobs than when the the sort of rosy picture about America. car payment; it often is a house pay- recession began.’’ If you think about it, 24 years ago ment. One has got to have health in- Of course, when President Bush first when Ronald Reagan was running for surance. Those costs are there. took office, this is the worst position President, he asked American people And we need a President and we need in terms of recouping lost jobs in any the same question that I asked tonight, a Congress that will focus on the real business cycle since the 1920s. Essen- and that is, are you better off today world, not some dream world which tially we have to go back to Herbert than you were 4 years ago, but last does not take account of what is going Hoover in order to see a situation week at the Republican national con- on in the lives of middle-income Amer- where so many jobs have been lost. vention, every speaker that came to icans. Then Herbert goes on to say what is the podium simply ignored that ques- I thank the gentleman again for happening is nothing less than a dete- tion. President Bush refused to high- holding this Special Order. rioration in this standard of living in light any meaningful domestic accom- Mr. PALLONE. Mr. Speaker, I thank the United States. And this is what I plishments in his acceptance speech at the gentleman for coming. He is always really wanted to talk about is that re- the Republican convention.

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.084 H07PT1 H6750 CONGRESSIONAL RECORD — HOUSE September 7, 2004 My question, Mr. Speaker, is why are the current job recession is the in- Overall, you end up with a 1.6 million Republicans so afraid to ask the Amer- creased exporting of high-paying, white job loss. ican people if they are better off than and blue collar jobs overseas. I talked tonight about how on many they were 4 years ago, and I think that I mentioned an example with the fronts we hear from the President or the reason is because both the Presi- gentleman who came to my office who from the congressional Republicans dent, as well as the congressional Re- lost his job with Frigidaire, an air con- that they are going to address some of publicans, are smart enough to realize ditioning plant in Edison, that basi- these problems and that they are going that if they ask the American people cally moved to Brazil, and we lost 1,500 to deal with some of the problems of that question the answer for the most jobs in my district. Earlier this year, the middle class squeeze. Of course, if part would be a resounding, no, we are the Ford plant in my district closed, you listened to President Bush’s ac- not better off. This is what my Demo- leaving more than 900 New Jersey em- ceptance speech at the Republican Con- cratic colleagues were saying this ployees without jobs. vention, he certainly puts a spin to evening. We do not even hear President Bush suggest that somehow he is going to In fact, Mr. Speaker, President talking about the outsourcing issue or address health care costs, he is going Bush’s leadership on the economy has the fact that jobs from New Jersey and to address the high cost of education, been lacking since the very early days other States are being shipped over- he is going to address the need for job of his administration, and I just want seas. Earlier this year, we learned the training when someone loses their job. to get into some of these statistics Bush administration views the move- But if you look at the actual record, about the job losses because I think ment of American factory jobs and and this happens to be true on so many they are so important. white collar work to other countries as domestic policy issues, you find that, As I said, last Friday the Department a positive transformation that will, in in reality, what the Bush administra- of Labor announced that 144,000 jobs the end, enrich our economy. This is tion says is not what they actually do, were created during the month of Au- the whole free-trade theme, if you will, and I just wanted to give a couple of gust. That number is more than 100,000 or spin that the President puts on the examples that relate back to some of jobs fewer than the 250,000 jobs the whole issue of jobs going overseas, but the issues that my colleagues men- Bush administration estimated would I mean, the bottom line is our economy tioned tonight, and then I will con- be created each month this year. Over can continue to grow; but if it does not clude, Mr. Speaker. the last three months, the administra- grow by creating jobs here and the jobs I mentioned the whole job training tion has not come close to hitting any are created overseas, that seems like issue, about how the President prom- of these estimates. that is okay with President Bush but it ised that there was going to be money President Bush will certainly now be is not okay with me. It is certainly not for job training when people lost their the first President since the Great De- okay with my constituents. jobs. In a second term, this was again pression, since Herbert Hoover, to have If you listen to what the congres- in the President’s acceptance speech lost jobs on his watch. Unless the econ- sional Democrats and Senator JOHN last week at the Republican Conven- omy creates 900,000 over the next few KERRY have been saying, we support tion, the President pledged to ‘‘double months, which is not possible really, abolishing tax breaks for companies the number of people served by our the President will not have created one who ship jobs overseas, and I do not principal job training program.’’ net job over the last 4 years, and if we know what to say. I do not know how I talked about the guy who worked contrast that with the economic record you force the President to address this for Frigidaire in my district who was of President Clinton, before President issue of outsourcing. He simply does not able to get the job training that he Bush, Clinton created more than 20 not want to do it because I do not was promised and ended up not being million net jobs during his 8 years in think he thinks that it is really a bad able to get another job when he lost his office. thing, and so he is not going to address job at Frigidaire. In his 2005 budget, It is no wonder that the Republicans it. that is, the budget that we are now do not want to talk about their eco- The other thing I wanted to talk working on, the President proposed to nomic record and did not talk about it about, and I talked about briefly when cut job training and vocational edu- last week at the Republican National I mentioned this Bob Herbert article, cation by 10 percent. That is $556 mil- Convention. about how the jobs that are being cre- lion from what Congress pledged to Last year when the President was ated, they pay substantially lower than those programs in 2002. So the Presi- touting another round of his tax cuts, the jobs that they replace. If you can, dent says in his acceptance speech at which I think clearly benefited the imagine losing your job and then the Republican Convention that if he is elite and more than the average Amer- searching and searching for another re-elected he is going to double the ican, the White House predicted that comparable job, only to realize that number of people served by principal the cuts would create 2.1 million jobs you are going to have to take a big pay job training programs, but his current in the 7 months after the passage of cut. Well, that is what constituents budget proposal would actually cut job that tax cut bill. But what actually who came to my office during the Au- training by 10 percent. Absolutely in- happened during that period? Only gust break told me that was happening consistent. 296,000 jobs were created, 1.8 million to them. He talked in his acceptance speech short of the President’s prediction. The new jobs being created are pay- about increased funding for community There is no indication that the tax cuts ing more than $9,000 less than the old colleges because we know that a lot of are helping the economy or that they jobs that they replaced on the average people who are middle class send their are helping create jobs, none whatso- in the United States. Families are kids to community college because ever. being squeezed by falling incomes and they cannot afford a 4-year college, not The economic reports were so bad rising costs. According to a Census re- to mention private 4-year college. that President Bush’s advisers refused port released last month, the typical Last year, the Bush administration to endorse the President’s own Eco- family’s income has fallen more than proposed cutting the largest direct aid nomic Report in which the administra- $1,500 under George Bush, and essen- initiative to community colleges, the tion predicted 2.6 million jobs would be tially what you are seeing is Ameri- Perkins Program for technical voca- created this year, and I think it is a cans are worse off today because of the tional training, from $1.3 billion to good thing that the administration President’s economic policies. about $1 billion. So here he is again, backed away from those estimates be- Now, this is not true if you are the President is saying in his accept- cause there is no way its policies can wealthy. If you are a wealthy indi- ance speech at the Republican Conven- create 2.6 million jobs this year. vidual, you are doing fine, but it is the tion, increased funding for community One of my Democratic colleagues to- middle class that is essentially strug- colleges. In reality, his budget that was night talked about outsourcing, and I gling, and instead of coming up with proposed for the next fiscal year cuts think that is an important factor in proposals that will help the middle money for community colleges. the issue of job loss under this adminis- class, the President chooses tax breaks The biggest program that middle tration. One of the major reasons for for companies that ship jobs overseas. class people rely on in terms of direct

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.085 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6751 funding for college education is the Mr. TAUZIN (at the request of Mr. ENROLLED BILLS SIGNED Pell grant proposal. In his speech he DELAY) for today and the balance of Mr. Trandahl, Clerk of the House, re- pledged to expand Pell grants for low the week on account of medical rea- ported and found truly enrolled bills of and middle income families, but for the sons. the House of the following titles, which last 3 years, Bush has proposed freezing f were thereupon signed by the Speaker: or cutting Pell grants, and that despite H.R. 2443. An act to authorize appropria- pledging in 2002 to raise Pell grants to SPECIAL ORDERS GRANTED tions for the Coast Guard for fiscal year 2005, a $1,500 limit, the maximum Pell grant By unanimous consent, permission to to amend various laws administered by the is currently $4,050. address the House, following the legis- Coast Guard, and for other purposes. So, again, I can mention the health H.R. 3340. An act to redesignate the facili- lative program and any special orders care issues, I could mention Medicare ties of the United States Postal Service lo- heretofore entered, was granted to: prescription drugs, education, job cated at 7715 and 7748 S. Cottage Grove Ave- (The following Members (at the retraining. In every one of these areas, nue in Chicago, Illinois, as the ‘‘James E. quest of Mrs. MCCARTHY of New York) Worsham Post Office’’ and the ‘‘James E. every one of these domestic what I to revise and extend their remarks and Worsham Carrier Annex Building’’, respec- would call priority areas, if you lis- include extraneous material:) tively, and for other purposes. tened to the President’s speech last H.R. 3463. An act to amend titles III and IV Mr. HINCHEY, for 5 minutes, today. week, he said we are going to address of the Social Security Act to improve the ad- Mrs. MCCARTHY of New York, for 5 this and we are going to help the aver- ministration of unemployment taxes and minutes, today. age American, but in reality, the poli- benefits. Mr. BLUMENAUER, for 5 minutes, cies for the last 3 or 4 years have done H.R. 4222. An act to designate the facility today. of the United States Postal Service located exactly the opposite. Ms. WOOLSEY, for 5 minutes, today. at 550 Nebraska Avenue, Kansas City, Kan- Finally, I just want to say, if you lis- Mr. EMANUEL, for 5 minutes, today. sas, as the ‘‘Newell George Post Office Build- tened to the President’s speech last ing’’. Mr. BROWN of Ohio, for 5 minutes, week at the Republican Convention, he H.R. 4226. An act to amend title 49, United today. renewed his calls to make his tax cuts States Code, to make certain conforming Mr. DEFAZIO, for 5 minutes, today. permanent. This morning again I lis- changes to provisions governing the registra- Ms. LEE, for 5 minutes, today. tened to the gentleman from Texas tion of aircraft and the recordation of instru- Mr. CONYERS, for 5 minutes, today. ments in order to implement the Convention (Mr. DELAY) talk about how over the Ms. KAPTUR, for 5 minutes, today. on International Interests in Mobile Equip- next few weeks we are going to extend Ms. JACKSON-LEE of Texas, for 5 min- ment and the Protocol to the Convention on the tax cuts. utes, today. International Interests in Mobile Equipment The reality is that the only people on Matters Specific to Aircraft Equipment, Mr. STRICKLAND, for 5 minutes, that are going to benefit from these known as the ‘‘Cape Town Treaty’’. today. policies are high-income households. H.R. 4327. An act to designate the facility Mr. DAVIS of Illinois, for 5 minutes, Estimates based on data from the of the United States Postal Service located today. Urban Institute, the Brookings Institu- at 7450 Natural Bridge Road in St. Louis, Mr. MCDERMOTT, for 5 minutes, Missouri, as the ‘‘Vitilas ‘Veto’ Reid Post Of- tion, a tax policy center, show that if today. fice Building’’. the tax cuts are made permanent that (The following Members (at the re- H.R. 4417. An act to modify certain dead- the top one percent of households will lines pertaining to machine-readable, tam- quest of Mr. GINGREY) to revise and ex- gain an average of $58,200 a year. By per-resistant entry and exit documents. tend their remarks and include extra- contrast, people in the middle of the H.R. 4427. An act to designate the facility neous material:) income spectrum will secure just a 2.5 of the United States Postal Service located Mr. BURTON of Indiana, for 5 minutes, percent increase in the after-tax in- at 73 South Euclid Avenue in Montauk, New today and September 8. York, as the ‘‘Perry B. Duryea, Jr. Post Of- come, with average tax cuts of $655, a Mr. GINGREY, for 5 minutes, today. fice’’. little more than 1/90th of what those in (The following Member (at her own H.R. 4613. An act making appropriations the top 1 percent would receive. request) to revise and extend her re- for the Department of Defense for the fiscal So, again, these tax policies have year ending September 30, 2005, and for other failed. They have not turned around marks and include extraneous mate- purposes. the economy. The economy is not im- rial:) H.R. 4842. An act to implement the United proving by any standard. The only peo- Ms. NORTON, for 5 minutes, today. States-Morocco Free Trade Agreement. H.R. 4916. An act to provide an extension of ple that are benefiting from the tax f highway, highway safety, motor carrier safe- policies and the Republican economic SENATE BILLS REFERRED ty, transit, and other programs funded out of policies are essentially the very the Highway Trust Fund pending enactment wealthy, the people that are in the top A bill, a joint resolution, and concur- of a law reauthorizing the Transportation 1 percent income bracket. rent resolutions of the Senate of the Equity Act for the 21st Century. I started out this evening, Mr. Speak- following titles were taken from the H.R. 5005. An act to make emergency super, by asking the question, are you bet- Speaker’s table and, under the rule, re- plemental appropriations for the fiscal year ter off than you were 4 years ago. ferred as follows: ending September 30, 2004, for additional disaster assistance. Clearly, the answer is no. S. 2682. An act to designate the facility of f f the United States Postal Service located at 222 West 8th Street, Durango, Colorado, as SENATE ENROLLED BILL SIGNED LEAVE OF ABSENCE the ‘‘Ben Nighthorse Campbell Post Office The SPEAKER announced his signa- By unanimous consent, leave of ab- Building’’; referred to the Committee on ture to enrolled bills of the Senate of sence was granted to: Government Reform. the following titles: Mr. FROST (at the request of Ms. S.J. Res. 41. Joint resolution commemo- rating the opening of the National Museum S. 2712. An act to preserve the ability of PELOSI) for today on account of per- of the American Indian; referred to the Com- the Federal Housing Administration to in- sonal reasons. mittee on House Administration. sure mortgages under sections 238 and 519 of Mr. RYAN of Ohio (at the request of S. Con. Res. 109. Concurrent resolution the National Housing Act. Ms. PELOSI) for today on account of a commending the United States Institute of f family emergency. Peace on the occasion of its 20th anniversary Mr. BALLENGER (at the request of Mr. and recognizing the Institute for its con- BILLS PRESENTED TO THE DELAY) for today through September tribution to international conflict resolu- PRESIDENT 20 on account of medical reasons. tion, referred to the Committee on Inter- Jeff Trandahl, Clerk of the House re- Mr. LUCAS of Oklahoma (at the re- national Relations. S. Con. Res. 135. Concurrent Resolution au- ports that on July 22, 2004, he presented quest of Mr. DELAY) for today on ac- thorizing the printing of a commemorative to the President of the United States, count of travel delays. document in memory of the late President of for his approval, the following bills: Mr. RENZI (at the request of Mr. the United States, Ronald Wilson Reagan; H.R. 1303. To amend the E-Government Act DELAY) for today on account of attend- referred to the Committee on Administra- of 2002, with respect to rulemaking authority ing the funeral of a friend. tion. of the Judicial Conference.

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.086 H07PT1 H6752 CONGRESSIONAL RECORD — HOUSE September 7, 2004 H.R. 4363. To facilitate self-help housing States, for his approval, the following transmitting a report on U.S. military per- homeownership opportunities. bill. sonnel and U.S. individual civilians retained as contractors involved in supporting Plan Jeff Trandahl, Clerk of the House re- H.R. 4842. To implement the United States- Colombia, pursuant to Public Law 106–246, ports that on July 26, 2004, he presented Morocco Free Trade Agreement. section 3204(f) (114 Stat. 577); to the Com- to the President of the United States, f mittee on Armed Services. for his approval, the following bills. 9361. A letter from the Deputy Associate H.R. 1572. To designate the United States ADJOURNMENT Administrator, Environmental Protection courthouse located at 100 North Palafox Mr. PALLONE. Mr. Speaker, I move Agency, transmitting the Agency’s final Street in Pensacola, Florida, as the ‘‘Win- that the House do now adjourn. rule—Revisions to the California State Im- ston E. Arnow United States Courthouse’’. The motion was agreed to; accord- plementation Plan, Antelope Valley Air H.R. 1914. To provide for the issuance of a Quality Management District [CA 287–0445; coin to commemorate the 400th anniversary ingly (at 10 o’clock and 58 minutes FRL–7804–2] received August 30, 2004, pursu- of the Jamestown settlement. p.m.), the House adjourned until to- ant to 5 U.S.C. 801(a)(1)(A); to the Committee H.R. 2768. To require the Secretary of the morrow, Wednesday, September 8, 2004, on Energy and Commerce. Treasury to mint coins in commemoration of at 10 a.m. 9362. A letter from the Deputy Associate Chief Justice John Marshall. Administrator, Environmental Protection f H.R. 3277. To require the Secretary of the Agency, transmitting the Agency’s final Treasury to mint coins in commemoration of EXECUTIVE COMMUNICATIONS, rule—Approval and Promulgation of Air the 230th Anniversary of the United States ETC. Quality Implementation Plans; Wyoming; Marine Corps, and to support construction of Restructuring and Renumbering of Wyoming the Marine Corps Heritage Center. Under clause 8 of rule XII, executive Air Quality Standards and Regulations [SIP H.R. 4380. To designate the facility of the communications were taken from the NO. WY–001–0013, FRL–7784–8] received July United States Postal Service located at 4737 Speaker’s table and referred as follows: 23, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to Mile Stretch Drive in Holiday, Florida, as 9353. A letter from the Deputy Associate the Committee on Energy and Commerce. 9363. A letter from the Deputy Associate the ‘‘Sergeant First Class Paul Ray Smith Administrator, Environmental Protection Administrator, Environmental Protection Post Office Building’’. Agency, transmitting the Agency’s final Agency, transmitting the Agency’s final Jeff Trandahl, Clerk of the House re- rule—Pyrimethanil; Pesticide Tolerances rule—Approval and Promulgation of State [OPP–2004–0195; FRL–7371–2] received August ports that on July 28, 2004, he presented Implementation Plans; Illinois [IL223–1a; 30, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to to the President of the United States, FRL–7784–6] received July 23, 2004, pursuant the Committee on Agriculture. for his approval, the following bills. to 5 U.S.C. 801(a)(1)(A); to the Committee on 9354. A letter from the Deputy Associate H.R. 2443. A bill to authorize appropria- Energy and Commerce. Administrator, Environmental Protection tions for fiscal years 2004 and 2005 for the 9364. A letter from the Deputy Associate Agency, transmitting the Agency’s final United States Coast Guard, and for other Administrator, Environmental Protection rule—Propiconazole; Time-Limited Pesticide purposes. Agency, transmitting the Agency’s final Tolerances [OPP–2004–0086; FRL–7352–1] re- H.R. 3340. To redesignate the facilities of rule—Approval and Promulgation of State ceived July 30, 2004, pursuant to 5 U.S.C. the United States Postal Service located at Implementation Plans; State of Alaska; 801(a)(1)(A); to the Committee on Agri- 7715 and 7748 S. Cottage Grove Avenue in Chi- Fairbanks Carbon Monoxide Nonattainment culture. cago, Illinois, as the ‘‘James E. Worsham Area; Designation of Areas for Air Quality 9355. A letter from the Deputy Associate Post Office’’ and the ‘‘James E. Worsham Planning Purposes [Docket #: AK–04–002a; Administrator, Environmental Protection Carrier Annex Building’’, respectively, and FRL–7792–3] received July 23, 2004, pursuant Agency, transmitting the Agency’s final for other purposes. to 5 U.S.C. 801(a)(1)(A); to the Committee on rule—Propanoic Acid; Pesticide Tolerance H.R. 3463. To amend titles III and IV of the Energy and Commerce. [OPP–2003–0283; FRL–7358–4] received July 30, Social Security Act to improve the adminis- 9365. A letter from the Deputy Associate 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the tration of unemployment taxes and benefits. Administrator, Environmental Protection Committee on Agriculture. H.R. 4222. To designate the facility of the Agency, transmitting the Agency’s final 9356. A letter from the Deputy Associate United States Postal Service located at 550 rule—National Priorities List for Uncon- Administrator, Environmental Protection Nebraska Avenue in Kansas City, Kansas, as trolled Hazardous Waste Sites [FRL–7790–6] Agency, transmitting the Agency’s final the ‘‘Newell George Post Office Building’’. received July 23, 2004, pursuant to 5 U.S.C. rule—Propamocarb hydrochloride; Pesticide H.R. 4226. To amend title 49, United States 801(a)(1)(A); to the Committee on Energy and Tolerance [OPP–2004–0100; FRL–7368–8] re- Code, to make certain conforming changes Commerce. ceived July 30, 2004, pursuant to 5 U.S.C. to provisions governing the registration of 9366. A letter from the Deputy Associate 801(a)(1)(A); to the Committee on Agri- aircraft and the recordation of instruments Administrator, Environmental Protection culture. in order to implement the Convention on Agency, transmitting the Agency’s final 9357. A communication from the President International Interests in Mobile Equipment rule—Revisions to the California State Im- of the United States, transmitting s letter and the Protocol to the Convention on Inter- plementation Plan; South Coast Air Quality indicating the President’s concurrence with national Interests in Mobile Equipment on Management District [CA302–0463; FRL–7788– Congress in the designation of funds provided Matters Specific to Aircraft Equipment, 5] received July 23, 2004, pursuant to 5 U.S.C. as part of the Department of Defense Appro- known as the ‘‘Cape Town Treaty’’. 801(a)(1)(A); to the Committee on Energy and priations, FY 2005 (H.R. 4613) as an emer- H.R. 4327. To designate the facility of the Commerce. gency requirement to support Operations United States Postal Service located at 7450 9367. A letter from the Deputy Associate Iraqi Freedom and Enduring Freedom, the Natural Bridge Road in St. Louis, Missouri, Administrator, Environmental Protection Department of State’s Mission in Iraq, State as the ‘‘Vitilas ‘Veto’ Reid Post Office Build- Agency, transmitting the Agency’s final and local law enforcement assistance for se- ing’’. rule—Approval and Promulgation of Air H.R. 4417. To modify certain deadlines per- curity and related costs associated with the Quality Implementation Plans; Colorado; taining to machine-readable, tamper-resist- 2004 Presidential Candidate Nominating Con- Designation of Areas for Air Quality Plan- ant entry and exit documents. ventions, the Judiciary, and to respond to ning Purposes, Lamar and Steamboat H.R. 4427. To designate the facility of the the humanitarian crisis in the Darfur region Springs [CO–001–0076a, CO–001–0077a; FRL– United States Postal Service located at 73 of Sudan; (H. Doc. No. 108–206); to the Com- 7784–9] received July 30, 2004, pursuant to 5 South Euclid Avenue in Montauk, New York, mittee on Appropriations and ordered to be U.S.C. 801(a)(1)(A); to the Committee on En- as the ‘‘Perry B. Duryea, Jr. Post Office’’. printed. ergy and Commerce. H.R. 4613. Making appropriations for the 9358. A communication from the President 9368. A letter from the Deputy Associate Department of Defense for the fiscal year of the United States, transmitting requests Administrator, Environmental Protection ending September 30, 2005, and for other pur- for FY 2005 budget amendments for the De- Agency, transmitting the Agency’s final poses. partment of Agriculture, the Department of rule—Approval and Promulgation of State H.R. 4759. To implement the United States- Energy, and the Corps of Engineers; (H. Doc. Implementation Plans; State of Washington; Australia Free Trade Agreement. No. 108–208); to the Committee on Appropria- Central Puget Sound Carbon Monoxide and H.R. 4916. To provide an extension of high- tions and ordered to be printed. Ozone Second 10-Year Maintenance Plans way, highway safety, motor carrier safety, 9359. A communication from the President [Docket #:WA–04–001; FRL–7792–5] received transit, and other programs funded out of of the United States, transmitting request July 30, 2004, pursuant to 5 U.S.C. the Highway Trust Fund pending enactment for an emergency FY 2004 supplemental ap- 801(a)(1)(A); to the Committee on Energy and of a law reauthorizing the Transportation propriation for the Department of Homeland Commerce. Equity Act for the 21st Century. Security; (H. Doc. No. 108–209); to the Com- 9369. A letter from the Deputy Associate mittee on Appropriations and ordered to be Administrator, Environmental Protection Jeff Trandahl, Clerk of the House re- printed. Agency, transmitting the Agency’s final ports that on August 5, 2004, he pre- 9360. A letter from the Assistant Secretary rule—National Emission Standards for Haz- sented to the President of the United for Legislative Affairs, Department of State, ardous Air Pollutants: Printing, Coating,

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.054 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6753 and Dyeing of Fabrics and Other Textiles 9380. A letter from the Chairman, Council copy of D.C. Act 15–476, ‘‘Office of Property [OAR–2003–0014; FRL–7797–6] (RIN: 2060–AG98) of the District of Columbia, transmitting a Management Reform Temporary Amend- received July 30, 2004, pursuant to 5 U.S.C. copy of D.C. Act 15–503, ‘‘Inspector General ment Act of 2004,’’ pursuant to D.C. Code sec- 801(a)(1)(A); to the Committee on Energy and Appointment and Term Clarification Amend- tion 1–233(c)(1); to the Committee on Govern- Commerce. ment Act of 2004,’’ pursuant to D.C. Code sec- ment Reform. 9370. A letter from the Assistant Secretary tion 1–233(c)(1); to the Committee on Govern- 9394. A letter from the Chairman, Council for Legislative Affairs, Department of State, ment Reform. of the District of Columbia, transmitting a transmitting A report describing in detail 9381. A letter from the Chairman, Council copy of D.C. Act 15–475, ‘‘Public Congestion Russian proliferation of WMD and ballistic of the District of Columbia, transmitting a and Venue Protection Temporary Act of missile goods, technology, expertise, and in- copy of D.C. Act 15–527, ‘‘Anacostia Water- 2004,’’ pursuant to D.C. Code section 1– formation, and of dual-use items that may front Corporation Act of 2004,’’ pursuant to 233(c)(1); to the Committee on Government contribute to the development of WMD and D.C. Code section 1–233(c)(1); to the Com- Reform. ballistic missiles, to Iran and other countries mittee on Government Reform. 9395. A letter from the Chairman, Council of proliferation concern, pursuant to 22 9382. A letter from the Chairman, Council of the District of Columbia, transmitting a U.S.C. 5952 note Public Law 107–314, section of the District of Columbia, transmitting a copy of D.C. Act 15–478, ‘‘Board of Education 1206; to the Committee on International Re- copy of D.C. Act 15–505, ‘‘Georgetown Project Continuity and Transition Temporary lations. and Noise Control Amendment Act of 2004,’’ Amendment Act of 2004,’’ pursuant to D.C. 9371. A letter from the Assistant Secretary pursuant to D.C. Code section 1–233(c)(1); to Code section 1–233(c)(1); to the Committee on for Legislative Affairs, Department of State, the Committee on Government Reform. Government Reform. transmitting Accountability Review Board 9383. A letter from the Chairman, Council 9396. A letter from the Chairman, Council report and recommendations concerning se- of the District of Columbia, transmitting a of the District of Columbia, transmitting a rious injury, loss of life or significant de- copy of D.C. Act 15–506, ‘‘Captive Insurance copy of D.C. Act 15–477, ‘‘Motorized Bicycle struction of property at a U.S. mission Company Enhancement Temporary Amend- Responsibility Clarification Temporary abroad, pursuant to 22 U.S.C. 4834(d)(1); to ment Act of 2004,’’ pursuant to D.C. Code sec- Amendment Act of 2004,’’ pursuant to D.C. the Committee on International Relations. tion 1–233(c)(1); to the Committee on Govern- Code section 1–233(c)(1); to the Committee on 9372. A communication from the President ment Reform. Government Reform. of the United States, transmitting certifi- 9384. A letter from the Chairman, Council 9397. A letter from the Chairman, Council cation that the export to the People’s Repub- of the District of Columbia, transmitting a of the District of Columbia, transmitting a lic of China of the specified items is not det- copy of D.C. Act 15–521, ‘‘Commission on copy of D.C. Act 15–474, ‘‘Presidential Elector rimental to the United States space launch Human Rights Establishment Amendment Deadline Waiver Second Temporary Amend- industry and that the material and equip- Act of 2004,’’ pursuant to D.C. Code section 1– ment Act of 2004,’’ pursuant to D.C. Code sec- ment, including any indirect technical ben- 233(c)(1); to the Committee on Government tion 1–233(c)(1); to the Committee on Govern- efit that could be derived from such exports, Reform. ment Reform. will not measurably improve the missile or 9385. A letter from the Chairman, Council 9398. A letter from the Clerk of the House space launch capabilities of the People’s Re- of the District of Columbia, transmitting a of Representatives, transmitting the annual public of China, pursuant to Public Law 105– copy of D.C. Act 15–522, ‘‘Office of Adminis- compilation of personal financial disclosure 261, section 1512; (H. Doc. No. 108–210); to the trative Hearings Establishment Amendment statements and amendments thereto filed Committee on International Relations and Act of 2004,’’ pursuant to D.C. Code section 1– with the Clerk of the House of Representa- ordered to be printed. 233(c)(1); to the Committee on Government tives, pursuant to Rule XXVII, clause 1, of 9373. A letter from the Chairman, Council Reform. the House Rules; (H. Doc. No. 108–205); to the of the District of Columbia, transmitting a 9386. A letter from the Chairman, Council Committee on Standards of Official Conduct copy of D.C. Act 15–492, ‘‘Free Clinic Assist- of the District of Columbia, transmitting a and ordered to be printed. ance Program Extension Temporary Amend- copy of D.C. Act 15–523, ‘‘Help America Vote 9399. A letter from the Regulations Coordi- ment Act of 2004,’’ pursuant to D.C. Code sec- Amendment Act of 2004,’’ pursuant to D.C. nator, Centers for Medicare and Medicaid tion 1–233(c)(1); to the Committee on Govern- Code section 1–233(c)(1); to the Committee on Services, Department of Health and Human ment Reform. 9374. A letter from the Chairman, Council Government Reform. Services, transmitting the Department’s of the District of Columbia, transmitting a 9387. A letter from the Chairman, Council ‘‘Major’’ final rule—Medicare Program; copy of D.C. Act 15–491, ‘‘Washington Con- of the District of Columbia, transmitting a Changes to the Hospital Inpatient Prospec- vention Center Authority Advisory Com- copy of D.C. Act 15–487, ‘‘Fiscal Year 2005 tive Payment Systems and Fiscal Year 2005 mittee Continuity Third Temporary Amend- Budget Support Act of 2004,’’ pursuant to Rates [CMS 0938–AM80] (RIN: 0938–AM80) re- ment Act of 2004,’’ pursuant to D.C. Code sec- D.C. Code section 1–233(c)(1); to the Com- ceived August 2, 2004, pursuant to 5 U.S.C. tion 1–233(c)(1); to the Committee on Govern- mittee on Government Reform. 801(a)(1)(A); to the Committee on Ways and ment Reform. 9388. A letter from the Chairman, Council Means. 9375. A letter from the Chairman, Council of the District of Columbia, transmitting a 9400. A letter from the Regulations Coordi- of the District of Columbia, transmitting a copy of D.C. Act 15–470, ‘‘Juvenile Flotation nator, Centers for Medicare and Medicaid copy of D.C. Act 15–490, ‘‘Juvenile Flotation Device Requirement Temporary Amendment Services, Department of Health and Human Device Requirement Amendment Act of Act of 2004,’’ pursuant to D.C. Code section 1– Services, transmitting the Department’s 2004,’’ pursuant to D.C. Code section 1– 233(c)(1); to the Committee on Government ‘‘Major’’ final rule—Medicare Program; Inpa- 233(c)(1); to the Committee on Government Reform. tient Rehabilitation Facility Prospective Reform. 9389. A letter from the Chairman, Council Payment System for Fiscal Year 2005 [CMS– 9376. A letter from the Chairman, Council of the District of Columbia, transmitting a 1360–N] (RIN: 0938–AM82) received August 30, of the District of Columbia, transmitting a copy of D.C. Act 15–473, ‘‘Mental Health Civil 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the copy of D.C. Act 15–489, ‘‘District Govern- Commitment Extension Temporary Act of Committee on Ways and Means. ment Reemployed Annuitant Offset Elimi- 2004,’’ pursuant to D.C. Code section 1– 9401. A letter from the Acting Chief, Publi- nation Amendment Act of 2004,’’ pursuant to 233(c)(1); to the Committee on Government cations and Regulations Br., Internal Rev- D.C. Code section 1–233(c)(1); to the Com- Reform. enue Service, transmitting the Service’s mittee on Government Reform. 9390. A letter from the Chairman, Council final rule—Low-Income Housing Credit (Rev. 9377. A letter from the Chairman, Council of the District of Columbia, transmitting a Rul. 2004–82) received August 30, 2004, pursu- of the District of Columbia, transmitting a copy of D.C. Act 15–472, ‘‘Tax Increment Fi- ant to 5 U.S.C. 801(a)(1)(A); to the Committee copy of D.C. Act 15–488, ‘‘Multiple Dwelling nancing Reauthorization Date Temporary on Ways and Means. Residence Water Lead Level Test Temporary Amendment Act of 2004,’’ pursuant to D.C. 9402. A letter from the Acting Chief, Publi- Act of 2004,’’ pursuant to D.C. Code section 1– Code section 1–233(c)(1); to the Committee on cations and Regulations Br., Internal Rev- 233(c)(1); to the Committee on Government Government Reform. enue Service, transmitting the Service’s Reform. 9391. A letter from the Chairman, Council final rule—Diane Fernandez v. Commissioner 9378. A letter from the Chairman, Council of the District of Columbia, transmitting a 114 T.C. 324 (2000) [Docket No. 16710–99] re- of the District of Columbia, transmitting a copy of D.C. Act 15–471, ‘‘Walter Reed Prop- ceived August 30, 2004, pursuant to 5 U.S.C. copy of D.C. Act 15–498, ‘‘Board of Education erty Tax Exemption Reconfirmation Tem- 801(a)(1)(A); to the Committee on Ways and Continuity and Transition Amendment Act porary Act of 2004,’’ pursuant to D.C. Code Means. of 2004,’’ pursuant to D.C. Code section 1– section 1–233(c)(1); to the Committee on Gov- 9403. A letter from the Acting Chief, Publi- 233(c)(1); to the Committee on Government ernment Reform. cations and Regulations Br., Internal Rev- Reform. 9392. A letter from the Chairman, Council enue Service, transmitting the Service’s 9379. A letter from the Chairman, Council of the District of Columbia, transmitting a final rule—Kaffenberger v. United States, 314 of the District of Columbia, transmitting a copy of D.C. Act 15–469, ‘‘Eastern Market F.3d 944 (8th Cir. 2003)—received August 30, copy of D.C. Act 15–504, ‘‘Washington Con- Amendment Act of 2004,’’ pursuant to D.C. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the vention Center Authority Advisory Com- Code section 1–233(c)(1); to the Committee on Committee on Ways and Means. mittee Amendment Act of 2004,’’ pursuant to Government Reform. 9404. A letter from the Acting Chief, Publi- D.C. Code section 1–233(c)(1); to the Com- 9393. A letter from the Chairman, Council cations and Regulations Br., Internal Rev- mittee on Government Reform. of the District of Columbia, transmitting a enue Service, transmitting the Service’s

VerDate Aug 04 2004 05:57 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\L07SE7.000 H07PT1 H6754 CONGRESSIONAL RECORD — HOUSE September 7, 2004 final rule—Appeals Settlement Guidelines; Services, Department of Health and Human to the Committee of the Whole House on the Leasing Promotions—Penalties for Leasing Services, transmitting the Department’s State of the Union. Stripping TransActions—received August 30, final rule—Medicare Program; Hospice Wage Mr. POMBO: Committee on Resources. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Index for Fiscal Year 2005 [CMS–1264–N] H.R. 3589. A bill to create the Office of Chief Committee on Ways and Means. (RIN: 0938–AM78) received August 30, 2004, Financial Officer of the Government of the 9405. A letter from the Acting Chief, Publi- pursuant to 5 U.S.C. 801(a)(1)(A); jointly to Virgin Islands; with an amendment (Rept. cations and Regulations, Internal Revenue the Committees on Ways and Means and En- 108–645). Referred to the Committee of the Service, transmitting the Service’s final ergy and Commerce. Whole House on the State of the Union. rule—Guidance Regarding the Treatment of Mr. POMBO: Committee on Resources. f Certain Contigent Payment Debt Instru- H.R. 3597. A bill to authorize the Secretary of ments with One or More Payments that Are REPORTS OF COMMITTEES ON the Interior, through the Bureau of Reclama- Denominated in, or Determined by Reference PUBLIC BILLS AND RESOLUTIONS tion, to conduct a feasibility study on the to, a Nonfunctional Currency [TD 9157] (RIN: Alder Creek water storage and conservation 1545–AW33) received August 30, 2004, pursuant Under clause 2 of rule XIII, reports of project in El Dorado County, California, and to 5 U.S.C. 801(a)(1)(A); to the Committee on committees were delivered to the Clerk for other purposes; with an amendment Ways and Means. for printing and reference to the proper (Rept. 108–646). Referred to the Committee of 9406. A letter from the Acting Chief, Publi- calendar, as follows: the Whole House on the State of the Union. cations and Regulations Branch, Internal Mr. POMBO: Committee on Resources. [Filed on September 7, 2004] Revenue Service, transmitting the Service’s H.R. 3954. A bill to authorize the Secretary of final rule—Transitional Rule for Vested Ac- Mr. REGULA: Committee on Appropria- the Interior to resolve boundary discrep- crued Vacation Pay [TD 9138] (RIN: 1545– tions. H.R. 5006. A bill making appropria- ancies in San Diego County, California, aris- BD12) received July 22, 2004, pursuant to 5 tions for the Departments of Labor, Health ing from an erroneous survey conducted by a U.S.C. 801(a)(1)(A); to the Committee on and Human Services, and Education, and re- Government contractor in 1881 that resulted Ways and Means. lated agencies for the fiscal year ending Sep- in overlapping boundaries for certain lands, 9407. A letter from the Acting Chief, Publi- tember 30, 2005, and for other purposes (Rept. and for other purposes; with an amendment cations and Regulations Br., Internal Rev- 108–634). Referred to the Committee of the (Rept. 108–647). Referred to the Committee of enue Service, transmitting the Service’s Whole House on the State of the Union. the Whole House on the State of the Union. final rule—2004 Section 43 Inflation Adjust- Mr. POMBO: Committee on Resources. H.R. Mr. POMBO: Committee on Resources. ment [Notice 2004–49] received July 30, 2004, 2129. A bill to direct the Secretary of the In- H.R. 4010. A bill to authorize and amend the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- terior to conduct a special resources study National Geologic Mapping Act of 1992 (Rept. mittee on Ways and Means. regarding the suitability and feasibility of 108–648). Referred to the Committee of the 9408. A letter from the Acting Chief, Publi- designating certain historic buildings and Whole House on the State of the Union. cations and Regulations Br., Internal Rev- areas in Taunton, Massachusetts, as a unit of Mr. POMBO: Committee on Resources. enue Service, transmitting the Service’s the National Park System, and for other H.R. 4045. A bill to authorize the Secretary of final rule—2004 Marginal Production Rates purposes; with an amendment (Rept. 108–637). the Interior to prepare a feasibility study [Notice 2004–48] received July 30, 2004, pursu- Referred to the Committee of the Whole with respect to the Mokelumne River, and ant to 5 U.S.C. 801(a)(1)(A); to the Committee House on the State of the Union. for other purposes; with an amendment on Ways and Means. Mr. POMBO: Committee on Resources. H.R. (Rept. 108–649). Referred to the Committee of 9409. A letter from the Acting Chief, Publi- 2400. A bill to amend the Organic Act of the Whole House on the State of the Union. cations and Regulations Branch, Internal Guam for the purposes of clarifying the local Mr. POMBO: Committee on Resources. Revenue Service, transmitting the Service’s judicial structure of Guam (Rept. 108–638). H.R. 4459. A bill to authorize the Secretary of final rule—Statutory Options [TD 9144] (RIN: Referred to the Committee of the Whole the Interior, acting through the Bureau of 1545–BA75) received August 4, 2004, pursuant House on the State of the Union. Reclamation and in coordination with other to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. POMBO: Committee on Resources. H.R. Federal, State, and local government agen- Ways and Means. 2457. A bill to authorize funds for an edu- cies, to participate in the funding and imple- 9410. A letter from the Acting Chief, Publi- cational center for the Castillo de San mentation of a balanced, long-term ground- cations and Regulations Br., Internal Rev- Marcos National Monument, and for other water remediation program in California, enue Service, transmitting the Service’s purposes; with an amendment (Rept. 108–639). and for other purposes (Rept. 108–650). Re- final rule—Extension of Time to Elect Meth- Referred to the Committee of the Whole ferred to the Committee of the Whole House od for Determining Allowable Loss [TD 9154] House on the State of Union. on the State of the Union. (RIN: 1545–BD64) received August 30, 2004, Mr. POMBO: Committee on Resources. Mr. POMBO: Committee on Resources. H.R. H.R. 4481. A bill to amend Public Law 86–434 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2663. A bill to authorize the Secretary of the establishing Wilson’s Creek National Battle- mittee on Ways and Means. Interior to study the suitability and feasi- 9411. A letter from the Acting Chief, Publi- field in the State of Missouri to expand the bility of designating Castle Nugent Farms cations and Regulations Br., Internal Rev- boundaries of the park, and for other pur- located on St. Croix, Virgin Islands, as a unit enue Service, transmitting the Service’s poses; with an amendment (Rept. 108–651). of the National Park System, and for other final rule—Subsidiary Stock Loss Under Sec- Referred to the Committee of the Whole purposes (Rept. 108–640). Referred to the tion 1.337(d)–2T [Notice 2004–58] received Au- House on the State of the Union. gust 30, 2004, pursuant to 5 U.S.C. Committee of the Whole House on the State Mr. POMBO: Committee on Resources. 801(a)(1)(A); to the Committee on Ways and of Union. H.R. 4494. A bill to designate the Grey Tow- Means. Mr. POMBO: Committee on Resources. ers National Historic Site in the Common- 9412. A letter from the Acting Chief, Publi- H.R. 3056. A bill to clarify the boundaries of wealth of Pennsylvania, and for other pur- cations and Regulations Br., Internal Rev- the John H. Chafee Coast Barrier Resources poses; with an amendment (Rept. 108–652). enue Service, transmitting the Service’s System Cedar Keys Unit P25 on Otherwise Referred to the Committee of the Whole final rule—Forms and instructions (Rev. Protected Area P25P; with an amendment House on the State of the Union. Proc. 2004–53) received August 30, 2004, pursu- (Rept. 108–641). Referred to the Committee of Mr. POMBO: Committee on Resources. S. ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Whole House on the State of the Union. 943. An act to authorize the Secretary of the on Ways and Means. Mr. POMBO: Committee on Resources. Interior to enter into 1 or more contracts 9413. A letter from the Chief, Publications H.R. 3257. A bill to authorize the Secretary of with the city of Cheyenne, Wyoming, for the and Regulations Branch, Internal Revenue the Interior to conduct a study to determine storage of water in the Kendrick Project, Service, transmitting the Service’s final the suitability and feasibility of establishing Wyoming (Rept. 108–653). Referred to the rule—Information Reporting for Advance the Western Reserve Heritage Area; with an Committee of the Whole House on the State Payments of Health Coverage Tax Credit amendment (Rept. 108–642). Referred to the of the Union. [Notice 2004–47] received July 6, 2004, pursu- Committee of the Whole House on the State Mr. POMBO: Committee on Resources. S. ant to 5 U.S.C. 801(a)(1)(A); to the Committee of the Union. 1537. An act to direct the Secretary of Agri- on Ways and Means. Mr. POMBO: Committee on Resources. culture to convey to the New Hope Cemetery 9414. A letter from the Regulations Coordi- H.R. 3334. A bill to authorize the Secretary of Association certain land in the State of Ar- nator, Centers for Medicare and Medicaid the Interior to participate in the design and kansas for use as a cemetery (Rept. 108–654). Services, Department of Health and Human construction of the Riverside-Corona Feeder Referred to the Committee of the Whole Services, transmitting the Department’s in cooperation with the Western Municipal House on the State of the Union. final rule—Medicare Program; Prospective Water District of Riverside, California; with Mr. POMBO: Committee on Resources. S. Payment System and Consolidated Billing an amendment (Rept. 108–643). Referred to 1576. An act to revise the boundary of Harp- for Skilled Nursing Facilities—Update—No- the Committee of the Whole House on the ers Ferry National Historical Park, and for tice [CMS–1249–N] (RIN: 0938–AM46) received State of the Union. other purposes (Rept. 108–655). Referred to August 30, 2004, pursuant to 5 U.S.C. Mr. POMBO: Committee on Resources. the Committee of the Whole House on the 801(a)(1)(A); jointly to the Committees on H.R. 3427. A bill to authorize a land convey- State of the Union. Ways and Means and Energy and Commerce. ance between the United States and the City Mr. POMBO: Committee on Resources. S. 9415. A letter from the Regulations Coordi- of Craig, Alaska, and for other purposes; 1721. An act to amend the Indian Land Con- nator, Centers for Medicare and Medicaid with an amendment (Rept. 108–644). Referred solidation Act to improve provisions relating

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\L07SE7.000 H07PT1 September 7, 2004 CONGRESSIONAL RECORD — HOUSE H6755 to probate of trust and restricted land, and for a period ending not later than October 1, er, in each case for consideration of such pro- for other purposes (Rept. 108–656). Referred 2004. visions as fall within the jurisdiction of the to the Committee of the Whole House on the S. 144. Referral to the Committee on Agri- committee concerned. State of the Union. culture extended for a period ending not By Mr. MCGOVERN (for himself, Mr. Mr. POMBO: Committee on Resources. later than September 30, 2004. NEAL of Massachusetts, Mr. KENNEDY House Resolution 431. Resolution honoring of Rhode Island, and Mr. LANGEVIN): f the achievements of Siegfried and Roy, rec- H.R. 5014. A bill to direct the Director of ognizing the impact of their efforts on the PUBLIC BILLS AND RESOLUTIONS the National Park Service to prepare a re- conservation of endangered species both do- port on the sustainability of the John H. mestically and worldwide, and wishing Roy Under clause 2 of rule XII, public Chafee Blackstone River Valley National Horn a full and speedy recovery (Rept. 108– bills and resolutions were introduced Heritage Corridor and the John H. Chafee 657). Referred to the House Calendar. and severally referred, as follows: Blackstone River Valley National Heritage Commission; to the Committee on Re- Mr. SENSENBRENNER: Committee on the By Mr. YOUNG of Florida: sources. Judiciary. House Resolution 700. Resolution H.R. 5005. A bill making emergency supple- By Mr. MCHUGH (for himself, Mr. directing the Attorney General to transmit mental appropriations for the fiscal year to the House of Representatives documents SANDERS, and Mr. SWEENEY): ending September 30, 2004, for additional dis- H.R. 5015. A bill to establish a Commission in the possession of the Attorney General re- aster assistance; to the Committee on Appro- lating to the treatment of prisoners and de- to commemorate the 400th anniversary of priations, and in addition to the Committee the arrival of Samuel de Champlain in the tainees in Iraq, Afghanistan, and Guanta- on the Budget, for a period to be subse- namo Bay, with an amendment; adversely; Champlain Valley and for other purposes; to quently determined by the Speaker, in each the Committee on Government Reform. (Rept. 108–658). Referred to the House Cal- case for consideration of such provisions as endar. By Mr. OSBORNE: fall within the jurisdiction of the committee H.R. 5016. A bill to extend the water service Mr. BOEHNER: Committee on Education concerned. contract for the Ainsworth Unit, Sandhills and the Workforce. H.R. 4496. A bill to amend By Mr. REGULA: Division, Pick-Sloan Missouri Basin Pro- the Carl D. Perkins Vocational and Tech- H.R. 5006. A bill making appropriations for gram, Nebraska; to the Committee on Re- nical Education Act of 1998 to strengthen the Departments of Labor, Health and sources. and improve programs under that Act; with Human Services, and Education, and related By Mr. PASCRELL: an amendment (Rept. 108–659). Referred to agencies for the fiscal year ending Sep- H.R. 5017. A bill to suspend temporarily the the Committee of the Whole House on the tember 30, 2005, and for other purposes. duty on certain capers preserved by vinegar State of the Union. By Mr. PORTER: or acetic acid; to the Committee on Ways Mr. SENSENBRENNER: Committee on the H.R. 5007. A bill to amend the Homeland and Means. Judiciary. H.R. 4518. A bill to extend the Security Act of 2002 to establish in the De- By Mr. PASCRELL: statutory license for secondary trans- partment of Homeland Security an Under H.R. 5018. A bill to suspend temporarily the missions under section 119 of title 17, United Secretary for Local Government and Tour- duty on certain capers preserved by vinegar States Code; with an amendment (Rept. 108– ism, and for other purposes; to the Com- or acetic acid; to the Committee on Ways 660). Referred to the Committee of the Whole mittee on Homeland Security (Select). and Means. House on the State of the Union. By Mr. MANZULLO (for himself and By Mr. PASCRELL: Ms. PRYCE of Ohio: Committee on Rules. Ms. VELAZQUEZ): H.R. 5019. A bill to suspend temporarily the House Resolution 754. Resolution providing H.R. 5008. A bill to provide an additional duty on certain pepperoncini prepared or for consideration for the bill (H.R. 5006) mak- temporary extension of programs under the preserved otherwise than by vinegar or ace- ing appropriations for the Departments of Small Business Act and the Small Business tic acid; to the Committee on Ways and Labor, Health and Human Services, and Edu- Investment Act of 1958 through September Means. cation, and related agencies for the fiscal 30, 2004, and for other purposes; to the Com- By Mr. PASCRELL: year ending September 30, 2005, and for other mittee on Small Business. H.R. 5020. A bill to suspend temporarily the purposes (Rept. 108–661). Referred to the By Mr. REHBERG: duty on certain pepperoncini prepared or House Calendar. H.R. 5009. A bill to extend water contracts preserved by vinegar or acetic acid in con- Mr. BOEHLERT: Committee on Science. between the United States and specific irri- centrations at.5% or greater; to the Com- H.R. 3551. A bill to authorize appropriations gation districts and the City of Helena in mittee on Ways and Means. to the Department of Transportation for sur- Montana, and for other purposes; to the By Mr. PASCRELL: H.R. 5021. A bill to suspend temporarily the face transportation research and develop- Committee on Resources. duty on certain pepperoncini prepared or ment, and for other purposes; with an By Mr. BRADLEY of New Hampshire preserved otherwise than by vinegar or ace- amendment (Rept. 108–662 Pt. 1). Ordered to (for himself and Mr. BASS): tic acid in concentrations less than.5%; to be printed. H.R. 5010. A bill to authorize the establish- the Committee on Ways and Means. ment at Antietam National Battlefield of a f By Mr. SWEENEY: memorial to the officers and enlisted men of H.R. 5022. A bill to strengthen and expand REPORTED BILL SEQUENTIALLY the Fifth, Sixth, and Ninth New Hampshire scientific and technological education capa- REFERRED Volunteer Infantry Regiments and the First bilities of associate-degree-granting colleges New Hampshire Light Artillery Battery who through the establishment of partnership ar- Under clause 2 of rule XII, bills and fought in the Battle of Antietam on Sep- reports were delivered to the Clerk for rangements with bachelor-degree-granting tember 17, 1862, and for other purposes; to institutions; to the Committee on Education printing, and bills referred as follows: the Committee on Resources. and the Workforce. [Omitted from the Record of July 22, 2004] By Mr. BURNS (for himself, Mr. SIMP- By Mr. SWEENEY: Mr. BARTON: Committee on Energy and SON, Mr. EDWARDS, Mr. NORWOOD, and H.R. 5023. A bill to amend title 38, United Commerce. H.R. 3143. A bill to enhance Fed- Mr. WILSON of South Carolina): States Code, to provide for the payment of eral Trade Commission enforcement against H.R. 5011. A bill to prevent the sale of abu- stipends to veterans who pursue doctoral de- cross-border fraud and deception, (Rept. 106– sive insurance and investment products to grees in science or technology; to the Com- 635, Pt. 1); Referred to the Committees on Fi- military personnel; to the Committee on Fi- mittee on Veterans’ Affairs. nancial Services, International Relations, nancial Services. By Mrs. DAVIS of California (for her- and Judiciary for a period ending not later By Mr. LAHOOD: self, Mrs. JO ANN DAVIS of Virginia, than October 1, 2004, for consideration of H.R. 5012. A bill to provide for the redesign Mr. HUNTER, Mr. WELDON of Pennsyl- such provisions of the bill as fall within the of the reverse of the Lincoln 1-cent coin in vania, Mr. HEFLEY, Mr. MCHUGH, Mrs. jurisdiction of those committees pursuant to 2009 in commemoration of the 200th anniver- WILSON of New Mexico, Mr. SKELTON, clause 1(g), (j), and (k), rule X, respectively. sary of the birth of President Abraham Lin- Mr. BARTLETT of Maryland, Mr. MAR- Ordered to be printed. coln; to the Committee on Financial Serv- SHALL, Mr. SCHROCK, Mr. ALEXANDER, ices. Mr. PALLONE, Mr. SNYDER, Mr. f By Mr. LARSON of Connecticut: ISRAEL, Mr. SAXTON, Mrs. TAUSCHER, H.R. 5013. A bill to amend the Internal Rev- TIME LIMITATION OF REFERRED Mr. MILLER of Florida, Mr. SMITH of enue Code of 1986 to increase the frequency Washington, Mr. REYES, Mr. SPRATT, BILL of disclosure of information by political or- Mr. KLINE, Mr. ORTIZ, Mr. BACA, Mr. Pursuant to clause 2 of rule XII the ganizations and to improve the linkage be- RODRIGUEZ, Mr. EVANS, Mr. RYAN of following action was taken by the tween databases for public disclosure of elec- Ohio, Mr. LANGEVIN, Mr. CALVERT, Speaker: tion-related information maintained by the Mr. FILNER, Mr. LARSEN of Wash- Department of the Treasury and the Federal ington, and Mr. HILL): [The following action occurred on September 7, Election Commission; to the Committee on H. Con. Res. 486. Concurrent resolution rec- 2004] Ways and Means, and in addition to the Com- ognizing and honoring military unit family H.R. 3551. Referral to the Committee on mittee on House Administration, for a period support volunteers for their dedicated serv- Transportation and Infrastructure extended to be subsequently determined by the Speak- ice to the United States, the Armed Forces,

VerDate Aug 04 2004 06:01 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.039 H07PT1 H6756 CONGRESSIONAL RECORD — HOUSE September 7, 2004

and members of the Armed Forces and their H.R. 2763: Mr. PAUL, Mr. VITTER, Mr. ROG- H.R. 4616: Mr. CUNNINGHAM, Mr. STRICK- families; to the Committee on Armed Serv- ERS of Michigan, and Ms. BORDALLO. LAND, Mr. TIAHRT, Mr. CROWLEY, Mr. FRANK ices. H.R. 2851: Mr. MILLER of Florida. of Massachusetts, Mr. RAHALL, Mr. RANGEL, By Ms. EDDIE BERNICE JOHNSON of H.R. 2863: Ms. PELOSI and Mr. HONDA. and Mr. SMITH of Washington. Texas (for herself, Mr. HENSARLING, H.R. 2944: Mr. PAUL. H.R. 4633: Mr. ISAKSON. Mr. BURGESS, Mr. FROST, Mr. H.R. 2959: Mr. OBERSTAR, Mr. GORDON, Mr. H.R. 4655: Ms. SCHAKOWSKY. LAMPSON, Mr. BELL, Mr. STENHOLM, DEFAZIO, and Mr. PETRI. H.R. 4656. Mr. FROST. Ms. JACKSON-LEE of Texas, Mr. GON- H.R. 2963: Mr. ISSA. H.R. 4662. Mr. RENZI. ZALEZ, Mr. HINOJOSA, Ms. GRANGER, H.R. 2967: Mr. GREENWOOD and Mr. H.R. 4664. Mr. HINCHEY. Mr. SANDLIN, Mr. SAM JOHNSON of PASCRELL. H.R. 4670. Mrs. LOWEY. Texas, Mr. SESSIONS, Mr. ORTIZ, Mr. H.R. 2974: Ms. SCHAKOWSKY. H.R. 4676. Mr. FILNER, Ms. SCHAKOWSKY, DOGGETT, Mr. RODRIGUEZ, Mr. H.R. 2986: Mr. FILNER. Mr. PASTOR, Mr. GREEN of Texas, Mr. PITTS, NEUGEBAUER, Mr. EDWARDS, Mr. BAR- H.R. 3052: Mr. BRADLEY of New Hampshire. Mr. WYNN, Mr. GILCHREST, Mr. JACKSON of Il- H.R. 3063: Mr. OLVER and Mr. FRANK of TON of Texas, Mr. HALL, and Mr. linois, Ms. WATSON, Mr. RAMSTAD, Mr. Massachusetts. REYES): SHAYS, Mr. GREENWOOD, and Ms. NORTON. H. Con. Res. 487. Concurrent resolution rec- H.R. 3142: Mr. HOBSON, Mr. RAHALL, and H.R. 4710. Ms. SCHAKOWSKY, Ms. WATSON, ognizing Dallas/Fort Worth International Mr. KIND. Mr. OWENS, Mr. GEORGE MILLER of Cali- Airport on the occasion of its 30th anniver- H.R. 3193: Mr. KOLBE. fornia, Mr. EMANUEL, Mr. MCGOVERN, Mr. H.R. 3369: Mr. HOSTETTLER and Mr. CANTOR. sary; to the Committee on Transportation KLECZKA, Mr. DOGGETT, Mr. PALLONE, Ms. H.R. 3459: Mr. HOEFFEL. and Infrastructure. DELAURO, Mr. DELAHUNT, Mr. FRANK of Mas- H.R. 3474: Mr. BUTTERFIELD, Mr. ANDREWS, By Mr. WAXMAN (for himself, Mr. sachusetts, Ms. KAPTUR, Mr. MEEKS of New and Mr. GUTKNECHT. MCHUGH, Ms. SCHAKOWSKY, Mr. DIN- York, Ms. WATERS, Mr. HOLT, Mr. DAVIS of H.R. 3488: Mr. BELL. GELL, Mr. RANGEL, Mr. BROWN of Illinois, Mr. RANGEL, Mr. PASCRELL, Mr. CON- H.R. 3539: Ms. SLAUGHTER. YERS, Mr. LEWIS of Georgia, Mr. KANJORSKI, Ohio, Mr. CLAY, Ms. ROYBAL-ALLARD, H.R. 3595: Ms. WATSON. Mr. MCDERMOTT, Mr. FILNER, Mr. CLAY, Mr. Mr. MCDERMOTT, Mr. OWENS, and Mr. H.R. 3780: Mr. FATTAH. UDALL of New Mexico, Ms. SOLIS, Ms. SNYDER): H.R. 3858: Mr. SHERMAN, Mr. HYDE, and Mr. LOFGREN, Mr. KUCINICH, and Ms. WOOLSEY. H. Res. 755. A resolution supporting the CHANDLER. H.R. 4718. Mr. BISHOP of Georgia. goals and ideals of National Long-Term Care H.R. 3881: Ms. WOOLSEY. H.R. 4765. Ms. LEE. Residents’ Rights Week and recognizing the H.R. 3974: Mr. BUTTERFIELD and Mr. WYNN. H.R. 4769. Mr. MARKEY and Mrs. LOWEY. importance to the Nation of residents of H.R. 4000: Mr. HOSTETTLER. H.R. 4799. Ms. SLAUGHTER, Mrs. WILSON of long-term care facilities, including senior H.R. 4026: Mr. DICKS, Mr. BRADLEY of New New Mexico, Ms. JACKSON-LEE of Texas, Mrs. citizens and individuals living with disabil- Hampshire, Mr. SPRATT, and Mr. LEACH. AUSCHER E AURO ORTER ities; to the Committee on Energy and Com- H.R. 4097: Mrs. MCCARTHY of New York and T , Ms. D L , Mr. P , Mr. RADLEY ANGEL merce. Mr. ISRAEL. B of New Hampshire, Mr. R , Mr. UDALL of Colorado, Mr. ETHERIDGE, Mr. f H.R. 4119: Mr. LINCOLN DIAZ-BALART of Florida and Mr. ANDREWS. WELDON of Pennsylvania, Ms. BALDWIN, Mr. ADDITIONAL SPONSORS H.R. 4169: Mr. RAHALL, Mr. SMITH of New STENHOLM, Mr. BLUMENAUER, Mr. MCGOVERN, Ms. BORDALLO, Ms. ROS-LEHTINEN, Mrs. Under clause 7 of rule XII, sponsors Jersey, and Mr. CHANDLER. DAVIS of California, and Mrs. MCCARTHY of were added to public bills and resolu- H.R. 4192: Mr. PASCRELL, Mr. MARKEY, Mr. MEEHAN, Mrs. TAUSCHER, Ms. CORRINE BROWN New York. tions as follows: of Florida, Ms. ESHOO, Mr. THOMPSON of Mis- H.R. 4823: Mr. OWENS and Mr. KUCINICH. H.R. 104: Mr. FROST, Mr. KUCINICH, Mr. sissippi, Mr. GEORGE MILLER of California, H.R. 4887: Mr. BISHOP of Georgia. MCNULTY, Ms. SCHAKOWSKY, Mr. RODRIGUEZ, Mr. STARK, Mr. BACA, and Mr. SCHIFF. H.R. 4894: Mr. FARR. Mr. HINOJOSA, Ms. BORDALLO, Ms. ESHOO, and H.R. 4204: Mrs. BIGGERT. H.R. 4897: Mr. MENENDEZ, Mrs. MCCARTHY Mr. MCGOVERN. H.R. 4217: Mr. MARSHALL and Mr. SMITH of of New York, Ms. LEE, Mrs. MALONEY, Mrs. H.R. 480: Mr. QUINN. New Jersey. DAVIS of California, Mr. HOLT, Mr. LANGEVIN, H.R. 502: Mr. BRADLEY of New Hampshire. H.R. 4307: Mr. KELLER. Mr. FILNER, Mrs. TAUSCHER, and Mr. H.R. 504: Mr. SHAYS. H.R. 4316: Mr. STARK. BLUMENAUER. H.R. 717: Mr. WEINER. H.R. 4341: Mr. CONYERS, Mr. SHERMAN, Ms. H.R. 4905: Mr. SMITH of New Jersey. H.R. 852: Ms. LINDA T. SANCHEZ of Cali- LINDA T. SANCHEZ of California, Mr. GREEN of H.R. 4914: Mr. PETRI and Mr. BURGESS. fornia. Wisconsin, and Mr. CHANDLER. H.R. 4917: Mrs. BLACKBURN and Ms. BALD- H.R. 857: Mr. BARRETT of South Carolina. H.R. 4343: Mr. CANTOR, Mr. PORTMAN, Mr. WIN. H.R. 979: Mr. FATTAH. GOODE, and Mr. BOOZMAN. H.R. 4925: Mr. WILSON of South Carolina. H.R. 996: Mr. SCHROCK and Mr. CLAY. H.R. 4358: Mr. WELDON of Pennsylvania and H.R. 4926: Mr. WILSON of South Carolina. H.R. 1043: Mr. LEWIS of Georgia, Mr. NAD- Mr. ROHRABACHER. H.R. 4968: Mr. WHITFIELD, Mrs. NORTHUP, LER, Mr. CAPUANO, and Mr. MORAN of Kansas. H.R. 4430: Mr. SMITH of Texas. Mr. LUCAS of Kentucky, Mr. ROGERS of Ken- H.R. 1057: Mr. YOUNG of Alaska. H.R. 4433: Mr. COX, Mr. SCHROCK, Mr. tucky, and Mr. CHANDLER. H.R. 1117: Mr. FLAKE and Mr. LINCOLN RAMSTAD, Mr. FRELINGHUYSEN, Mr. ALLEN, H.R. 4978: Mr. BOUCHER, Mrs. CHRISTENSEN, DIAZ-BALART of Florida. and Mr. ROTHMAN. Mr. KILDEE, Mrs. MCCARTHY of New York, H.R. 1118: Mr. PORTER. H.R. 4440: Mr. BARTLETT of Maryland, Mr. Mr. MCNULTY, Mr. TIERNEY, Ms. JACKSON- H.R. 1214: Mr. TURNER of Ohio. DOOLITTLE, and Mr. BRADLEY of New Hamp- LEE of Texas, Mr. RAHALL, Mr. CUMMINGS, H.R. 1231: Ms. MAJETTE. shire. Mr. RANGEL, Mr. HOEFFEL, and Mr. DOGGETT. H.R. 1328: Mr. ANDREWS. H.R. 4445: Mr. CUMMINGS, Mr. WATT, Mr. H.R. 4992: Mr. SESSIONS. H.R. 1422: Mr. JOHN. CLYBURN, Mr. THOMPSON of Mississippi, and H.R. 4993: Mr. SESSIONS. H.R. 1428: Mr. BERRY and Mr. TOM DAVIS of Mr. BUTTERFIELD. H.R. 4994: Mr. MEEHAN, Mr. OBERSTAR, Ms. Virginia. H.R. 4491: Mr. BISHOP of New York, Mr. MCCARTHY of Missouri, Mr. GUTIERREZ, Mr. H.R. 1433: Mr. BROWN of Ohio. HOLDEN, Mr. FROST, Mr. FRANK of Massachu- TOWNS, Ms. JACKSON-LEE of Texas, Ms. H.R. 1440: Mr. MEEHAN. setts, Mr. TIERNEY, Mr. GORDON, Mr. ENGEL, MILLENDER-MCDONALD, Mr. JACKSON of Illi- H.R. 1470: Mr. SHERMAN. Ms. KAPTUR, Mr. RYAN of Ohio, Mr. SANDLIN, nois, Mr. HINCHEY, Ms. BORDALLO, Mr. H.R. 1524: Mr. MCDERMOTT, Mrs. JONES of Mr. LAMPSON, Mr. ACKERMAN, and Mr. PICK- GREENWOOD, Mr. ANDREWS, and Ms. MCCOL- Ohio, Mr. TOWNS, and Mr. FILNER. ERING. LUM. H.R. 1684: Mr. LIPINSKI. H.R. 4502: Mrs. MUSGRAVE, Mr. SIMPSON, H.R. 4995: Mrs. CHRISTENSEN, Mr. MARKEY, H.R. 1688: Mr. BRADY of Pennsylvania. Mr. HAYES, Mr. GORDON, and Mr. BOUCHER. Mr. BROWN of Ohio, and Mr. BLUMENAUER. H.R. 1708: Mr. PORTER and Ms. MAJETTE. H.R. 4530: Mr. HERGER and Mr. BOOZMAN. H.J. Res. 44: Mr. GARRETT of New Jersey. H.R. 1726: Mr. PICKERING and Mr. PALLONE. H.R. 4561: Mr. DEUTSCH. H.J. Res. 56: Mr. MARSHALL and Mr. LIN- H.R. 1755: Mr. TAYLOR of North Carolina. H.R. 4575: Mr. CLAY, Mr. HOLT, Mr. GREEN DER. H.R. 1783: Mr. NEUGEBAUER. of Texas, Mr. BLUMENAUER, Mr. PASCRELL, H. Res. 373: Mr. MCDERMOTT, Mr. HONDA, H.R. 1859: Mr. LANTOS. and Ms. ROYBAL-ALLARD. Mr. SERRANTO, Mrs. JONES of Ohio, Mr. H.R. 1863: Mr. BISHOP of New York and Mr. H.R. 4578: Mr. LAMPSON, Mr. NETHERCUTT, BROWN of Ohio, Ms. LORETTA SANCHEZ of CHANDLER. Mr. CHABOT, Mr. SIMMONS, Mr. KIND, and Mr. California, Ms. JACKSON-LEE of Texas, Ms. H.R. 2034: Mr. GORDON. GONZALEZ. SCHAKOWSKY, AND Ms. WATERS. H.R. 2180: Mr. ENGEL. H.R. 4585: Ms. CARSON of Indiana and Mr. H. Res. 556: Mr. GILCHREST. H.R. 2181: Mr. KIND. HINCHEY. H. Res. 596: Mr. DAVIS of Illinois, Mr. H.R. 2247: Mr. SHERMAN. H.R. 4605: Mr. DAVIS of Alabama. PLATTS, and Mr. KLECZKA. H.R. 2318: Ms. HERSETH. H.R. 4610: Mr. LEACH, Mr. COSTELLO, Mr. H. Res. 722: Mr. BASS, Mr. DELAHUNT, Mr. H.R. 2505: Mr. LANGEVIN. NEAL of Massachusetts, Mr. WAXMAN, Mr. TERRY, Mr. GREEN of Texas, Mr. HOLDEN, Mr. H.R. 2671: Mr. HYDE and Mr. BRADLEY of BACHUS, Ms. LORETTA SANCHEZ of California, DINGELL, Mr. LANTOS, Mr. JENKINS, Mr. GOR- New Hampshire. Mr. CUMMINGS, Mr. LAMPSON, and Mr. OLVER. DON, Mr. CUNNINGHAM, Mr. MCINTYRE, Mr.

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DOGGETT, Mr. ETHERIDGE, Mr. FARR, Mr. H.R. 5006 ment any new universal mental health FROST, Mr. PETERSON of Minnesota, Mr. OFFERED BY: MR. TANCREDO screening program. ROSS, Mr. TIERNEY, Mr. MCHUGH, Mr. HALL, AMENDMENT NO. 1: At the end of the bill H.R. 5006 Mr. COSTELLO, Mr. SNYDER, and Mrs. MYRICK. (before the short title), insert the following: H. Res. 751: Mr. CHABOT, Mr. CROWLEY, and SEC. lll. None of the funds appropriated OFFERED BY: MS. JACKSON-LEE OF TEXAS Mr. SMITH of New Jersey. or otherwise made available by this Act may be used to pay the salaries and expenses of AMENDMENT NO. 4: In title II, in the item f personnel to carry out the provisions of sec- relating to ‘‘CENTERS FOR DISEASE CONTROL tion 1011 of the Medicare Prescription Drug, AND PREVENTION-DISEASE CONTROL, RE- DISCHARGE PETITIONS— Improvement, and Modernization Act of 2003 SEARCH, AND TRAINING’’, in paragraph (2) of ADDITIONS OR DELETIONS (Public Law 108–173). the first proviso, insert after the dollar H.R. 5006 amount (relating to the National Center for The following Member’s name was Health Statistics surveys) the following: OFFERED BY: MR. GARRETT withdrawn from the following dis- ‘‘(increased by $2,500,000)’’. AMENDMENT NO. 2: At the end of the bill charge petition: (before the short title), insert the following: In title II, in the item relating to ‘‘NA- [Omitted from the Record of July 22, 2004] SEC. ll. None of the funds made available TIONAL CENTER ON MINORITY HEALTH AND Petition 8 by Mr. EDWARDS on House Res- in this Act may be used to send or otherwise HEALTH DISPARITIES’’, insert after the dollar olution 584: Frank W. Ballance, Jr. pay for the attendance of more than 50 Fed- amount the following: ‘‘(increased by eral employees at any single conference oc- $1,500,000)’’. f curring outside the United States. In title II, in the item relating to ‘‘CHIL- H.R. 5006 DREN AND FAMILIES SERVICES PROGRAMS’’, in- AMENDMENTS OFFERED BY: MR. PAUL sert ‘‘(decreased by $4,000,000)’’ after the ag- AMENDMENT NO. 3: At the end of the bill gregate dollar amount and insert ‘‘(decreased Under clause 8 of rule XVIII, pro- (before the short title), insert the following: by $4,000,000)’’ after the dollar amount in the posed amendments were submitted as SEC. ll. None of the funds made available tenth proviso (relating to competitive grants follows: in this Act may be used to create or imple- to provide abstinence education).

VerDate Aug 04 2004 04:51 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.048 H07PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, TUESDAY, SEPTEMBER 7, 2004 No. 104 Senate The Senate met at 12:09 p.m. and was I hope was a safe and productive Au- on the Senate schedule in about 30 or called to order by the President pro gust break. It seems as if only a few 45 minutes. tempore (Mr. STEVENS). days ago we were here on the floor fin- With that, Mr. President, I look for- ishing our work prior to our recess. ward to a productive legislative period. PRAYER Since that time, we have had the two f The Chaplain, Dr. Barry C. Black, of- party conventions, and our colleagues fered the following prayer: have been spending time with their RECOGNITION OF THE MINORITY Let us pray. constituents and with family and LEADER Eternal Spirit, thank You for Your friends. The PRESIDENT pro tempore. The steadfast love and Your unchanging Today, we will resume our Senate Democratic leader is recognized. mercy. Your wondrous deeds sustain us business with a period of morning busi- f and Your compassion keeps us secure. ness to allow Senators to make state- Thank You for traveling mercies and ments and to introduce legislation. A COMPLETING THE SENATE’S for the shield of Your protection during number of colleagues have expressed BUSINESS the conventions. Remind us that true their desire to come to the floor, and Mr. DASCHLE. Mr. President, I join greatness comes through service. May we will coordinate an informal sched- my colleague, the majority leader, in we esteem others as better than our- ule of speakers over the course of this welcoming all of our colleagues back, selves. and also our staff and a new class of Bless our lawmakers today. afternoon. pages who are starting today. We are Strengthen them in their challenging Under the consent agreement reached work of striving to find common prior to the recess, at 5 p.m. today we pleased they could join us. We know ground. Protect them from strife and will proceed to executive session for they will be enjoying their experience, division as they seek unity for the good debate on two district court nomina- and we are delighted they could be here of our Nation and world. tions. Those nominations are Virginia as we begin this important business. In a special way, comfort those who Maria Hernandez Covington, of Florida, I had the opportunity to talk with mourn in Russia and help those who to be a U.S. district judge for the Mid- Senator FRIST briefly this morning. He face the challenges of nature in Flor- dle District of Florida, and Michael and I come to the floor this morning ida. We pray also for the speedy and Schneider, of Texas, to be a U.S. dis- with the realization that, with what complete recovery of President Clin- trict judge for the Eastern District of limited time is left, we must do what ton. Lord, we treasure each other as Texas. The Senate will vote on the con- our eloquent Chaplain has just prayed these situations remind us of the fra- firmation of those judicial nominations we would do; that is, we find the com- gility of life. Empower us all to trust at 5:30 today, and those will be the first mon ground required to deal with the You without wavering. We pray this in votes of the day. array of legislative challenges that we Your holy Name. Amen. Following those votes, we will con- face as a Senate body and as a country. f sider the nomination of Michael Wat- It would be my hope we could do son, of Ohio, to be a U.S. district judge what the majority leader has sug- PLEDGE OF ALLEGIANCE for the Southern District of Ohio. I do gested, which is to begin deliberations The PRESIDENT pro tempore led the not anticipate a rollcall vote to be nec- on the Homeland Security appropria- Pledge of Allegiance, as follows: essary on the Watson nomination; tions bill very early in the session, I pledge allegiance to the Flag of the therefore, the two votes at 5:30 today hopefully as early as tomorrow. I will United States of America, and to the Repub- should be the only rollcall votes of the be discussing this matter and other lic for which it stands, one nation under God, day. scheduling issues with our caucus and indivisible, with liberty and justice for all. I know there are colleagues who are our leadership tomorrow morning, but f ready to speak; therefore, I will defer I can say, even having not had the ben- RECOGNITION OF THE MAJORITY some longer opening comments to efit of those discussions, there is a LEADER about 30 minutes from now. I would say great deal of interest in working with The PRESIDENT pro tempore. The at this time that our plans are to begin our colleagues on the other side of the majority leader is recognized. consideration of the Homeland Secu- aisle to achieve completion of the rity appropriations bill tomorrow Homeland Security bill, as we have f morning. I am discussing with the called for now for a couple of months. SCHEDULE Democratic leadership an agreement to We also have, of course, 11 other ap- Mr. FRIST. Mr. President, first, let allow us to move quickly on that legis- propriations bills that have not yet me welcome everybody back from what lation. Again, I will have more to say reached completion. Most have not

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

S8811

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8812 CONGRESSIONAL RECORD — SENATE September 7, 2004 even been considered on the Senate been lacking. It is up to us, with the When you have all of these experts floor. It would be my hope we could de- time we have now, to provide that lead- saying all of the same things, it would vote all of our energy, all of our atten- ership. be foolish for us not to listen and dan- tion, all of the effort at addressing that Congress is back in session for less gerous for us not to act. need. We are only 3 weeks away from than 2 months. The single most impor- The 9/11 Commission has made a se- the end of this fiscal year, and clearly tant thing we can do is make the ries of additional recommendations. a lot of work has to be done if we are American agenda the Senate’s agenda, They include: Securing weapons of going to be able to complete our work and we need to put security first. That mass destruction and keeping them out on time. means putting at the top of our legisla- of the hands of terrorists; using the full So the appropriations bills, espe- tive agenda the two items that carry array of our power—military, diplo- cially the Homeland Security appro- with them an urgency that is unique to matic, law enforcement, and humani- priations bill, need our attention. I will our time and our challenges: the rec- tarian—to combat Islamic extremism; say publicly what I have already said ommendations of the 9/11 Commission finishing the job in Afghanistan with a privately to the majority leader: that and the funding necessary to increase long-term commitment to reconstruc- he can count on our cooperation and homeland security. tion and security, so that land never partnership as we address that bill in The last months have only height- again becomes a haven for terrorists; particular. ened concerns about the threat of ter- openly confronting the ongoing Saudi- There are also a number of bills in rorism. based terror financing and official tol- conference. The highway bill ought to In early August, the Secretary of erance of extremists, and reconfiguring be completed this month. The FSC bill, Homeland Security raised the terror our relationship so that it is not based the foreign sales credit bill, the Energy alert level from elevated to high, put- simply on oil. bill, the Defense bill—all of those bills ting Washington, DC, New York, and Of course, one of their most signifi- need attention, need completion. So we New Jersey on orange alert. cant recommendations was for us to do have a lot of work to do. Also last month, two airliners more to protect the homeland. Recent It would certainly be my hope our crashed nearly simultaneously in an disclosures have demonstrated that al- Republican colleagues would send the incident that appears to have been Qaida is an opportunistic organization. right message not only to all of us on caused by midair explosions. They don’t attack where we are well this side of the aisle but to the country Last week the world witnessed the defended. They attack where we aren’t. about their determination to put those terrible hostage standoff at a Russian And so it is vitally important that priorities first. We can always score school and the tragic consequences we make America a harder target, cheap political points, but I hope we that resulted. while also preparing for attacks that would resist that temptation on both In those last two incidents, other na- may take place, so that we can contain sides of the aisle and get on with the tions were targets. And yet we know the damage and save lives. work of the Senate and the country in that America is a target. The question The way we do that is through the a way that will accomplish this very for every Member of Congress is, have Homeland Security appropriations bill. extraordinarily long list of legislative we done enough to improve our Na- This bill includes the funding nec- challenges and needs that we face as we tion’s security? essary to improve border security and begin our session. Three high-level government reports customs inspections, to hire 570 new I also note we will be taking up addi- all sanctioned by the Bush administra- border agents, to make our ports safer tional judicial nominations, I am sure. tion—conclude the answer is: not yet. by inspecting more shipping con- The three judges confirmed today will The 9/11 Commission is not the first tainers, and to make America’s trans- bring the total for this administration to look at how we can strengthen our portation systems safer. It also includes funding to protect to 201, which is the fourth highest intelligence community in order to America against bioterrorism, member of judges ever confirmed in a protect ourselves. In just the past 4 cyberterrorism and to ensure our first single term. I think it goes again to years, the Joint House-Senate inquiry responders have the tools and training the extraordinary cooperation the ad- into the September 11 terrorist attacks they need in case they are called upon ministration has received on nomina- issued its findings, as did a commission appointed by President Bush and led by to respond to an attack. tions. Right now, we face a test of serious- f General Brent Scowcroft. Three independent commissions have ness. The September 11 Commission has MAKING THE 9/11 COMMISSION’S reviewed these issues, and they have made 41 recommendations. One of them RECOMMENDATIONS LAW all made remarkably similar rec- can be addressed by completing work Mr. DASCHLE. Mr. President, I will ommendations. on the Homeland Security appropria- have a lot more to say about nomina- They have all said we need a national tions bill. But we need to act on all of tions in coming days, but I want to intelligence director someone whose them. As Lee Hamilton has said: focus, if I may, on just one matter that job it is to manage the national intelligence program and oversee the agen- We believe that the reforms are a package I think deserves real attention this and that if some are broken off, then the re- month. I have also discussed this mat- cies that make up the intelligence sult is that you diminish the impact of our ter with the majority leader. It has to community. Right now, the CIA direc- recommendations . . . You end up with do with the recommendations made by tor also serves as the Director of Cen- something of less value. the 9/11 Commission. tral Intelligence. But whoever is in We need to put security first. I don’t On November 27, 2002, when the Presi- that job simply doesn’t have the au- think the Senate should be allowed to dent signed the law that created the thority to reposition our intelligence leave town until we have acted on all National Commission on Terrorist At- community to face new threats. We 41 of these recommendations. tacks Upon the United States, he said: know al-Qaida is adapting every day. Certainly, there will be some dis- I expect that the Commission’s final report We are not. agreement on some. I know that others will contain important recommendations for They have all said we need a national have suggested different approaches steps that can be taken to improve our pre- Counterterrorism Center, to bring to- and different reforms entirely. paredness for and responses to terrorist at- gether all sources of information so All of these things deserve debate tacks in the future. that we can eliminate the barriers that and discussion. But debate and discus- Twenty months, over 1,000 inter- kept one agency’s information from an- sion are meaningless if the 9/11 Com- views, 12 public hearings, millions of other’s and kept all of that informa- mission’s recommendations don’t also pages of documents reviewed later, the tion from getting analyzed. receive action. Commission has put together those im- We need to do more to understand Time is of the essence. portant recommendations—41 in all. and disrupt terrorist finances; improve Every day the Congress spends not Few of the recommendations are new. the FBI’s counterterrorism capabili- doing the 9/11 recommendations is a Many are obvious. Yet none are law. ties; and work with our allies to abol- day we ignore the threat and neglect The ideas are there. The leadership has ish terrorist sanctuaries. our most solemn duty as leaders.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8813 As Governor Kean has said: I also had some concerns about how the Congress have not been set up in a We all think that if we do not act quickly, the convention itself would be per- way to do proper oversight. I can say we increase the risk to the American people. ceived. But I must say, I was pleased that from experience, having looked at We all agree that the status quo is unaccept- with the way the city handled the con- it from a leadership position, but also able Every day that passes is a day of in- vention. It was not as hot as I exas a member of the Intelligence Com- creased risk if we do not make changes. pected. The traffic was not as bad as I mittee for the last year and a half. It is In the words of the families of the expected. The protesters were there, not set up properly. Membership should victims of September 11: but they stayed within reasonable be permanent, so that members not Nearly three years have passed since our bounds. They were able to express only can attend hearings, but under- nation’s homeland security was cataclysmi- themselves. Some of them went too far, stand what they are hearing, the dia- cally breached. Far too little has been done and they wound up being arrested. The log, acronyms and people, and burrow to better secure our homeland. We therefore police in New York City did a very ef- in and ask the right questions. This is request that Congress and our President act fective job. They were friendly. They not so that we will go native and be- with the greatest urgency. were helpful. The city officials, Mayor come captive to the community, but so We need to listen to the experts. Bloomberg, the State officials, Gov- we will be able to ask the right ques- We need to listen to the voices of ernor Pataki and his administration, tions. Even the staffing arrangement those who have lost loved ones and are all who were involved in the security has to be changed. working to see that the horror that and transportation aspects of the con- We have a limited period of time and, was visited on their families is not vis- vention deserve to be commended be- obviously, this requires taking up some ited on others. cause it turned out to be very good. of that time. I want us to act in this in- We need to listen to the American The convention itself, the events sur- telligence area, as far as how it is set people who are concerned about the rounding the convention, the experi- up, in the executive and legislative safety of their families and commu- ence, exceeded my greatest expecta- branches. We may not be able to do it nities. And then we need to do what the tions. There were good speakers every all in September, but let’s do all we American people expect of us. night. I won’t dare to name them now can and then we can continue to work Senators MCCAIN and LIEBERMAN because if I name one, I might not on it, provided, of course, we don’t let have put together comprehensive legis- name another who did a wonderful job. the forces of the status quo rise up and lation that covers each of the 9/11 Com- I was inspired by it all. But not want- prevent the necessary changes that I mission’s 41 recommendations. ing to make this a partisan speech, my believe are called for. I am a strong ad- They will be introducing that legisla- real purpose is to extend my congratu- vocate of reform across the board when tion this afternoon. lations to the city of New York. They it comes to our intelligence commu- We all understand that we have lim- did a great job. I feel as many people nity. ited time in this session and a great said when New York City was attacked Of course, we have to deal with the deal of unfinished work. This should be on that infamous day of 9/11, we all be- appropriations bills in some way. I am our first order of business. came New Yorkers, and from that we pleased the leadership decided to call I yield the floor. all became Americans again. We did a up the Homeland Security Appropria- f lot of things in a bipartisan, non- tions bill. Certainly, other than defense, nothing is more important to RESERVATION OF LEADER TIME partisan way for the future of the people in that city and for the security of fund as soon as we can and in the best The PRESIDING OFFICER (Mr. the American people. That was a good way we can than homeland security. I ENZI). Under the previous order, the experience which came out of that ter- hope we can get through that process leadership time is reserved. rible event. in a reasonable period of time, knowing f So I want the record to show I found there will be some amendments to be MORNING BUSINESS the whole event most enjoyable and a offered. We should get that appropria- productive product for the political tions bill done. The PRESIDING OFFICER. Under process. Beyond that, I am not sure whether the previous order, there will be a pe- f we are going to have an omnibus appro- riod for the transaction of morning priations bill or a continuing resolu- business for statements only until 5 SENATE AGENDA tion or for how long funding will be p.m., with the time equally divided in Mr. LOTT. Mr. President, looking at continued. That will be left in the the usual form. the agenda for September—others set hands of others in the leadership and The Senator from Mississippi. the agenda and I understand that and I even the Appropriations Committee. Mr. LOTT. Mr. President, my apolo- will support that—there are certain But I want to talk about some other gies; what is the time divide? things we must do. We need to confirm issues that don’t always pop up when The PRESIDING OFFICER. The time Congressman PORTER Goss to be head people are talking about what we until 5 p.m., is divided in the usual of the CIA. We need to look at the 9/11 should do in September. manner. Commission recommendations and see Yes, we should deal with the intel- f how much of those can be done in a re- ligence issue. We should do some con- sponsible way. firmations—confirm PORTER GOSS. We THANKING NEW YORK CITY I know there will be some who will should do some judges and appropria- Mr. LOTT. Mr. President, I would resist and will defend the status quo or tions. But there are an awful lot of like to comment on the agenda we are worry about committee turf. But we other things that have not been done going to be dealing with in September. have a problem. Our intelligence oper- yet that we should complete before we But before I do that, I want to say I ation is not set up properly. We had go out. It is going to be very unattrac- was very proud of the job that was done failures as we went into Iraq. We tive and, in fact, an admission of fail- by the people of New York City, the should not try to deny that. We should ure to do our job if we don’t complete leadership of New York City, and all acknowledge it. I commend our men work on some of the bills that are in who were involved in the Republican and women in the intelligence commu- conference—for instance, the highway National Convention in New York. nity who do a great job. They are on bill. I hear some talk now that we I must confess, I dreaded going to the line this day in Afghanistan, Iraq, should extend the current highway au- New York City for our convention. I and even here in America. We should thorization into next year. Why? We was worried about the heat at the end recognize that talent. We should be need those highway jobs this year. of August. I was worried about the traf- careful not to undermine the morale of There are very few things we can do, fic and congestion. I was worried about those organizations. We have learned if anything, that would create more the ability to secure the place from po- there is a problem with chain of com- jobs quicker than to pass a highway tential terrorist threats. I was con- mand and how the analytical material bill. There are highway projects, bridge cerned about what the protesters is checked and double-checked. We projects and public transportation might do. I had a lot of concerns. know the Intelligence Committees in projects all across this country that

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There have the election. body in the leadership ask me that: Oh been a lot of discussions, but I don’t Another bill I think is urgent that we my goodness, we have other things we know that we are going to be able to pass is the so-called Jumpstart Our have to do; how can we avoid a lame get it completed if we don’t pick up the Business Strength, or JOBS, bill. It is a duck session? Real simple, Mr. Presi- pace. If we don’t, then I think that all bill that is required because the World dent. The two leaders in the House and involved should feel badly because the Trade Organization held that some of the two leaders in the Senate say we American people will not be well our tax policies were an unfair sub- are not coming back for a lame duck served if we don’t do the highway bill sidization of our manufacturing. The session. It is not in the best interest of and we put it off until after the elec- World Trade Organization ruled that the American people. Tell the appropri- tion or even next year. way. By the way, as a result of that, ators to do what they have to do, but I urge the leadership on that con- each month the tariff put on American we are not coming back for a lame ference committee in the House and goods by the European Union continues duck session. If we do not do that and Senate, Democrat and Republican, to to go up 1 percent—it is now 11 percent, we come back here, I dread to see it. pay attention to this highway bill and headed for 17 percent—because we sup- I welcome my colleagues back. I hope get it done. It would be a huge achieve- posedly had an export subsidy. That everybody had a nice, restful August. I ment for the American people if we subsidy should be eliminated and that hope we get a lot done in September. I pass that bill before we go out. I am money should be moved over into the do not expect very much because there not incriminating any individuals, but manufacturing area in a way that are a few distractions underway, but I am going to feel very critical of the would help keep American industry in we are poised on the brink of being able Senate and the Congress if we don’t get America and create jobs. to do some good things. If we could get that highway bill done before we go How can we not do this? Some people a highway bill, an energy bill, the home again. throw up their hands and say we can- JOBS bill, we could all go out and take I realize maybe it is futile now, but not get it done in the next month; that credit for it. when are we going to get serious about the House and Senate bills are too big; I remind my colleagues of the same energy? For 3 years we have been striv- that the Senate bill has too much in it, thing I said many times over the years ing mightily to produce an energy bill. and they are too different; how will we to leaders, to my good friend from We get tangled up on one issue or an- ever merge them? I don’t care. Throw South Dakota—when you produce a other, such as over whether we should them both out the door and come up product, everybody wins. When you drill in Alaska. Now it is over an addi- with a different, smaller bill, one that don’t call up a bill or you don’t finish tive, MTBE. Meanwhile, we don’t have gets the job done in conference, and do a bill, the American people lose, and a national energy policy. When the it now. The chairmen of the commit- that is where we are poised to go. price of a barrel of oil went to $48 and tees in the House and the Senate and Which will it be? more, as it did, I began to ask why, and the ranking members need to get this I yield the floor, Mr. President. what are we going to do about it? I done. I don’t see how in the world we f know that if we pass an energy bill in can leave this session of Congress and the morning, it would not immediately not pass that JOBS bill and allow ORDER OF PROCEDURE affect the price of a barrel of oil that American products to be hit with an The PRESIDING OFFICER. The Sen- much, but it would help our long-term ever-increasing tariff of 1 percent in- ator from Nevada. energy security. I think this is an issue crease every month, going up to 17 per- Mr. REID. Mr. President, while the that is staring us in the eye and we are cent, and say we will see you later and distinguished Senator from Mississippi continuing to blink. we will get to it next year. I urge my is on the Senate floor, I will propose a Sooner or later we are going to pay colleagues, especially the leadership unanimous consent request. an economic or a national security and chairmen of the committees and I ask unanimous consent that fol- price if we don’t stop our dependence the ranking members, to find a way to lowing the completion of my remarks, on foreign energy, and oil specifically. get this bill done. Senator NELSON of Florida be recog- I am very unnerved to think we depend Lastly—and I will yield the floor— nized for 10 minutes, and following his on over 50 percent of our oil coming some people are whispering that ugly statement that Senator DORGAN be rec- from Saudi Arabia, Nigeria, Venezuela, phrase ‘‘lame duck.’’ I have been here ognized for 10 minutes. and elsewhere. What if they cut us off 32 years. I have been through lame The PRESIDING OFFICER. Is there for whatever reason? What would hap- ducks and they are all ugly—to come objection? pen and how soon? I am tired of hear- back after the election, when Congress Mr. LOTT. Reserving the right to ob- ing excuses about why we didn’t do it. is filled with people who have retired ject. I want to know how we are going to get and have been defeated, and may have Mr. REID. Mr. President, I acknowl- it done. This bill came through com- a different vested interest, perhaps. edge—and I failed to tell my two col- mittee, passed the Senate and the Now I admit that on occasion, even leagues this—that Senator FRIST has House, came out of conference and was though they were ugly, they were usu- announced that he is going to come to passed by the House and came to the ally brief and we did something good. the Chamber and give a speech. He said Senate, and with 57 votes we stalled We did it during the Clinton adminis- he wanted to come around 12:30 p.m. He out. tration. We did a very important trade is due any time now; isn’t that right? Here we sit with no clear path to get- bill and, I think, once in the late nine- Mr. LOTT. Can I inquire under my ting an energy bill. A pox on all our ties, maybe we came back and did the reservation? houses if we don’t do something about omnibus appropriations bill and then Mr. REID. So I say, if he shows up, I that. Some people say stop filling the left. But I am worried about the large think it would be appropriate to have Strategic Petroleum Reserve. I agree. amount of work being considered for a the majority leader take the floor. We should not fill the SPR when the lame duck session this year and wheth- Mr. LOTT. So, Mr. President, the re- price of oil is as high as it is. That is er that would be in the best interest of quest is that next would be Senator a small part of what should be done. the American people. NELSON, and then if Senator FRIST We need the whole package. And I want Whatever we cannot get done in comes at that point he would be recog- to say this: We need more exploration, terms of appropriations, let’s either do nized? more oil drilling, more natural gas it in an omnibus bill for the entire fis- Mr. REID. The request is—I am going wells, more coal, more hydroelectric cal year or do it through a continuing to give a statement now—following my power, and we need to perfect clean resolution until February. But the idea statement, if Senator FRIST is here, he coal technology. We should have incen- that we are going to come back in De- would supersede these two Senators tives for conservation and alternative cember and work right up until Christ- who are waiting.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8815 Mr. LOTT. I withdraw my reserva- highway bill, the Energy bill, the JOBS Senior citizens. I had a number of tion. bill, and this article from the Wall townhall meetings related specifically The PRESIDING OFFICER. Without Street Journal today, hardly a progres- to senior citizens. To say they do not objection, it is so ordered. sive organization, says the problem is like the new Medicare bill is an under- f not obstructionism by this side of the statement. It is a bill that is designed aisle; it is the other side of the aisle to bankrupt Medicare and is in the SENATE AGENDA that is having an internal debate they process of doing so. To top this off, Mr. REID. Mr. President, I say to my cannot resolve, and that is what is they were told last week that there friend, the distinguished Senator from slowing things down. would be a 17-percent premium in- Mississippi, and all those within the I say on my behalf and I expect I say crease. They are very concerned. sound of my voice, I appreciate his dis- on behalf of the assistant minority Education. The Leave No Child Be- sertation on what we should do in the leader from Nevada and certainly from hind Act is leaving children behind. It approximately 15 days we have left in the standpoint of the Democratic lead- is ruining public education not only in this legislative session. I appreciate his er, Senator DASCHLE, we would like Nevada but all over the country. Ne- observations. The fact is, whether we nothing more than to get a good high- vada is a rapidly growing State. We want to acknowledge it, we have not way bill, to get a good energy bill created about 15 new schools this year. done anything the whole year. If there passed through the Congress, to pro- When school started a week ago, we is any cause for our having so little ceed and deal with the issue of jobs. We had in Clark County alone 15 new time to do so much, it is because we cannot resolve on this side of the aisle schools, 3 new high schools. There are have not done anything up to now. We the internal debate that goes on be- so many new teachers hired in the have not passed any appropriations tween the White House and the major- Clark County school district they can- bills—one. ity party in the Republican caucus. not get them all together at one time. To hear talk about an omnibus bill That is exactly what is holding up I talked with all the new teachers, but should cause the hair on everyone’s these issues. My hope is they will re- it took 2 separate groups of 1,000 each— neck to rise. The omnibus bill we had solve those debates. We can work to- 2,000 new schoolteachers in Clark Coun- last year was a disaster, in my opinion. gether and find a way in a bipartisan ty alone. I hope we do not do that again. I would manner to address all of these issues— These young men and women are rather have a series of continuing reso- energy, jobs, and the highway bill. I anxious to begin a new career. There lutions than have this big, ugly piece think we should do that. are some teachers who have transferred of legislation that has so many ways of I wanted to make that point quoting from other places or who have come creating mischief. from an article that was in the Wall from other places, but most all the I do appreciate my friend from Mis- Street Journal today which I believe teachers are first-year teachers, and sissippi, who has a wealth of experi- describes what is really at work here they are excited about being able to ence, having been majority and minor- that has held up the progress and busi- educate these children, to form the ity leader of the Senate, but he should ness of the Senate. minds of these little people who appear acknowledge what he is talking about Mr. REID. Mr. President, I say to my before them. is pie in the sky. We cannot do that. friend, the distinguished Senator from They are concerned because they We do not have time. North Dakota, he has pointed out in know the reputation of the Leave No Mr. DORGAN. Mr. President, will the reading from the Wall Street Journal a Child Behind Act has preceded them, Senator from Nevada yield? few of the problems are around here. and they know how difficult it is with Mr. REID. I will be happy to yield. These very important issues cannot be this law, these unfunded mandates that Mr. President, we have to do the best resolved, in my opinion, in just a mat- are contained therein, to do a good job we can with the tools we have. ter of a few days. For them to come out of teaching. Administrators acknowl- I will be happy to yield for a question now and say we suddenly have our act edge this. from my friend. together now, let’s have no debate and I met with all 17 school administra- Mr. DORGAN. Mr. President, I lis- rush these through because we have no tors, school superintendents, in the tened to my colleague from Mis- time left in this legislative session, is State of Nevada. All 17 said the Leave sissippi. I agree we should pass a good not fair. It is not fair to the Senate No Child Behind Act is destroying pub- energy bill and a jobs bill. I agree with but, more importantly, it is not fair to lic education. These 17 superintendents all that. He suggested at the end to the this country. are from school districts as large as the Senator from South Dakota—I assume Mr. President, I hope all Senators one in Clark County of 300,000 students, he was referring to the Democratic had a good productive 6 weeks since we to Esmeralda County, Goldfield, NV, 88 leader—that it would be good to get were last in session. I personally had a students in that school district. things done. I point out the Wall Street productive time in Nevada. I held many I did not ask their party affiliation, Journal article of today titled ‘‘Law- townhall meetings all over the State of but I am sure they are Democrats and makers Face Big Backlog.’’ Let me Nevada, from Sparks to Pahrump in Republicans. They all acknowledge read what this article says, and most of southern Nevada. They were productive that the Leave No Child Behind Act is us know this to be the case: meetings, but I was surprised the meet- simply not working. The highway bill, for example, is hung up ings all related to the same subjects. My friend from Mississippi gave a in a dispute between Republican Senators People brought up the same issues no short dissertation on all the things we and the White House. . . . matter where we were in Nevada: need to do, but what one needs to do is That is not obstructionism by this Health care. People are tremendously look at the calendar and how we are side. concerned about health care. The peo- going to accomplish this. It is a very In the energy debate, oil-state Repub- ple of Nevada realize we have 44 mil- short period of time. I think the major- licans, led by House Majority Leader Tom lion people with no health insurance, ity leader will tell us we are going to DeLay of Texas, want liability protections for companies that make the fuel additive millions more who are underinsured, end around October 8. This is a real MTBE; Northeastern Senators, such as Sen. and those who have health insurance short week, so there is 1 week, 2 weeks, Judd Gregg of New Hampshire, are opposed. see the costs escalating. Small busi- 3 weeks, 4 weeks. That is 5 weeks. We That is not obstructionism on this nesses are finding it more difficult all have the Jewish holidays week after side. That is the Energy bill. the time to give health benefits to next which will make that a very short Quoting again: their employees. It is not because they week. We have Columbus Day. We have The animosity between House Ways and are cheap. It is not because they are so few days to do so much. Means Committee Chairman Bill Thomas mean. It is simply that they cannot af- What I think we need to do is make and Senate Finance Committee Chairman ford health insurance. They know they sure we fund the Government. If it Charles Grassley has slowed progress on tax would have a more productive work- means a lame duck session, which none legislation. force if people had health insurance. of us like, it means a lame duck ses- That is the JOBS bill about which This is a tremendous issue all over the sion. The fact is, we have so little time my colleague was talking. There is the State of Nevada and this country. to do so much. I hope we would be able

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8816 CONGRESSIONAL RECORD — SENATE September 7, 2004 to focus on what is absolutely nec- Developing these clean, renewable re- Democrats, led by Senator BINGAMAN, essary. sources, in addition to being the right will not let us proceed on that bill. Again, I have the greatest respect thing to do, will create thousands of It is most interesting. The distin- and admiration for my friend, the jun- new jobs, and it will help consumers by guished Senator from Nevada read off a ior Senator from Mississippi. But what providing a steady and reliable source list of things we ought to be doing. The he is talking about does not acknowl- of electricity and it will protect our en- Senator ought to know that every sin- edge what we did not do before the vironment. Because renewable energy gle one of those, and more, is in that break occurred. is made in the USA, it will help reduce Energy bill. He talked about renew- I look forward to working with Sen- our dependence on foreign oil. ables from wind to solar and produc- ator MCCONNELL. Senator DASCHLE has We have so much to do. We have only tion tax credits. They are all in that asked me to work as the lead Democrat passed 1 of the 13 appropriations bills. bill. More natural gas is in that bill; re- on the working group to consider the We need to address these most impor- search to use clean coal is in that bill. recommendations of the 9/11 Commis- tant issues. As I have already indi- Also, we have language that will for- sion. We will focus on the role Congress cated, I personally am opposed to an ever cause us to not have any more big plays in supporting our intelligence omnibus. I would rather have con- regional blackouts in America, and on community and the Department of tinuing resolutions than an omnibus and on. So let’s be honest about it. The En- Homeland Security. bill because it was not a good experi- ergy bill, as a superbill, is pending. If I start out on this acknowledging ence last time. We have a lot of work they would just let us vote, we would that the two people who led this Com- to do. Let us get busy. have a bill for America that includes mission, Governor Tom Kean and Con- I see the majority leader on the floor everything Senator REID has talked gressman Lee Hamilton, are two of the of the Senate, and I yield the floor to finest public servants anywhere in about and more. him. As far as us killing an energy bill America. They spent a year of their f with provisions for holding harmless lives working on this issue. They had ORDER OF PROCEDURE the producers of MTBE, I suggest Sen- good Commission members. They had ators get the bill and read it. That pro- 80 of the top people in the world to help The PRESIDING OFFICER. Under vision is out of the bill that our leader them do their research and investiga- the previous order, the majority leader called up and that the Democrats de- tions. is to be recognized, then the Senator cided to filibuster. They want us to get What they came up with is good, and from Florida, and then the Senator 60 votes on everything, including it is going to take some real strong evi- from North Dakota. America’s energy future. That is the dence to show why we should not fol- Mr. DOMENICI. The Senator from way it is. low that. I have an open mind and look New Mexico would like to ask the ma- I yield the floor. forward to working with Senator jority leader a question. The PRESIDING OFFICER. The ma- MCCONNELL, for whom I have the high- The PRESIDING OFFICER. The majority leader. est regard. This is a bipartisan working jority leader has the floor. f group and we must keep it that way. Mr. FRIST. I am happy to yield for a We have to keep politics out of this question. LEGISLATION AND ISSUES BEFORE process. We are in the middle of an Mr. DOMENICI. I ask the majority THE SENATE election, but this is not a partisan leader, if Senator REID would have no Mr. FRIST. If we could just go back issue. I am going to work with every objection, if he could yield me 2 min- to regular order, I will do my state- member of this group to find solutions utes. ment because I know there will be a re- that will make our Nation stronger and Mr. FRIST. Mr. President, I would be sponse back and forth. At this junc- improve our intelligence capabilities. happy to yield to the Senator from ture, I have about a 15-minute state- I hope we can finish the so-called New Mexico 2 minutes. Then, just so ment. FSC bill that the majority leader has other Senators will know, I have about I opened the Senate, now about 45 named the JOBS bill. I hope we do this a 15-minute statement in which I would minutes ago, and as my colleagues can for lots of reasons, but the most impor- like to outline what the plans will be tell, there is a lot of interest in a whole tant reason, as far as I am concerned, over the next several weeks. lot of both legislation and issues that is when I went home people are con- The PRESIDING OFFICER. Is there people want to get out front on. What cerned about energy. objection? I would like to do is take a few minutes This country has less than 3 percent The Senator from Nevada. and give an overview of where we have of the known oil reserves in the world, Mr. REID. I certainly have no objec- been a little bit, but also where we are counting ANWR. We cannot produce tion to the Senator from New Mexico going over the next several weeks. I talked to Senator DASCHLE earlier our way out of the problems we have. speaking. Unless a Republican comes, today. We will continue our discussions There are things we can do to improve because we want to alternate back and over the course of today and tomorrow, our production, but we cannot produce forth, I ask that following Senator meeting with the leadership on both our way out of our problems. We use 12 DORGAN, Senator BOXER be recognized sides of the aisle, and our various cau- million barrels a day. We import over for 10 minutes. cuses. We will work out the details. 60 percent of those 12 million barrels. Mr. FRIST. That would be fine from I want to step back and paint the That cannot go on forever. my standpoint. And Senator NELSON? larger picture because we have so little I hope we would recognize that this Mr. REID. He is already recognized. time with so many huge issues before FSC bill, the JOBS bill, has in it sec- The PRESIDING OFFICER. Without us. Each Senator has four or five issues tion 45 production tax credits to give objection, it is so ordered. that mean the most to them. tax credits for Sun and wind produc- The Senator from New Mexico. What is absolutely critical, from a tion of energy, geothermal production f leadership standpoint on both sides of of energy, and biomass. This is the fu- PASSING AN ENERGY BILL the aisle, is to have a framework so we ture. When a country has less than 3 can accomplish the Nation’s business percent of the known oil reserves in Mr. DOMENICI. Mr. President, I was and move America forward. With a lim- the world, this is where we need to go. in my office and I heard Senator DOR- ited number of days and what we know We need to go to alternative energy. GAN talk about the Wall Street Journal is going to be a very trying season be- That way we can move to a production and the Energy bill, or at least he com- cause of the campaigns that are going society. We can do lots of good things. mented on it. The Energy bill that is on and the politics that go on that are The tax credit for wind energy ex- pending at the desk, which the Demo- necessarily related to the campaigns, it pired the first of the year. We know it crats have refused to let us take up, is going to be a huge challenge before worked well. We know there are some does not have the MTBE provision to us. farms in the Midwest that make more which the Senate Democrats and some As I said an hour ago, I do want to money producing electricity than they Republicans objected. It is not in there. welcome everybody back. I do hope ev- do growing soybeans, corn, and wheat. So who is holding it up? The Senate erybody is energized—which we have

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8817 seen already on the floor of the Sen- possible. I anticipate the House of Rep- How would we get an emergency or ate—but also that everybody is relaxed resentatives will act no later than to- disaster piece on that bill? Would those and understands the importance of the morrow morning and perhaps even to- of us who want to add to it to deal with issues before us. I am delighted people night. We should follow that imme- the disaster in farm country have an have had the time to spend back at diately upon receipt of this emergency opportunity to do so? home with their constituents and, supplemental, and I will be working Mr. FRIST. Mr. President, the details what is probably most important for with the minority to structure an ar- we will get into. I have two points I periods like this, with their family and rangement for quick passage in the wanted to make, even in mentioning it. friends. Senate to help those people in Florida A, we need to respond and we need to We all must expect a very busy legis- who are struggling this very moment. respond quickly, as the Senator from lative session on the floor—which peo- Our neighbors in Florida are depending Florida and I were talking about. From ple will see laid out in our debate on on us for emergency response, for shel- a FEMA standpoint, this money is amendments on the important issues— ter, for food, and other types of care. needed now. Everybody with FEMA but also on a whole range of issues that In his letter to us last evening, the down there is working hard. They are either in conference today or will President says he anticipates a further should not have to be worrying about soon be in conference. There are a request in coming days as the full im- money coming in. They are responding number of crucial items before us that pact of Hurricanes Charley and Frances directly to the people. we must complete this year. become clearer. I expect we will need Even the $2 billion, as we have seen Stepping back to our timeline, our to include further FEMA funding on from estimates in the newspaper, what goal is to finish this session of Con- the Homeland Security appropriations has happened in Florida is going to gress by October 8. Some people said it bill for fiscal year 2005 that we will be eventually cost, at least from the esti- would be October 1, some October 15. turning to tomorrow morning. But we mates I have seen, several-fold that. I The goal is October 8. There will be dis- must act first on this initial $2 billion don’t want to send the signal that cussions about a lameduck session and emergency request. Our prayers and when we move so quickly on the $2 bil- people will be writing about it. Our thoughts do go out to the people of lion, we are excluding the earlier goal is to complete this session by Oc- Florida who are suffering, who are liv- events in Florida, the full ramifica- tober 8. I look forward to working with ing in shelters, without homes to re- tions of the current hurricane, or other the leadership in conferences and cau- turn to, and who must live with that needs. The real issue is whether we cuses on both sides of the aisle to ac- ever-present possibility that other wait on this $2 billion and address the complish this because we are moving storms will strike them, that they may other needs and assess wherever they America forward. For whom? It is for be on the way, given the fact that the are in the country. There is general the American people. So we absolutely hurricane season is only half over as I agreement we need to move now with must be working together. speak. We must act quickly to provide this installment that FEMA needs be- Today on our first day back, our top the hard-working staff at FEMA, who cause they are out of money, and then priority—it may spill into tomorrow have done such a tremendous job over the specific vehicle we need to discuss. morning, but our top priority is to ad- the last several weeks, with the funds I haven’t talked to anybody about dress what is happening in Florida as and with the resources they need to how we want to do that, but we will we speak and as we have seen it play continue to aid the people of Florida. have to have a second supplemental of Mr. DORGAN. Mr. President, will the out over last night and the day before some sort to address needs in Florida Senator yield? and possibly other needs. and, indeed, over the last several Mr. FRIST. I will be happy to yield. weeks. We need to reach out and ag- Mr. DORGAN. If I might inquire on Let me continue to try to get gressively respond to help the people of that point. I thank very much the ma- through because the specifics we can Florida who have seen their homes lit- jority leader for his indulgence. come back to and talk about, because I erally devastated, who are displaced My understanding is the proposed $2 have a whole range of issues, if that is from their homes, displaced from their billion to restore FEMA money needs all right. communities, huddling with their fam- to be acted on quickly. I understand I want to come back to homeland se- ilies a long way from where they live. that. I think everyone would want to curity because I mentioned in my open- We have had two devastating storms cooperate with the majority leader on ing statement today the importance of in a short 3-week period in Florida. As that point. The majority leader indi- going to the Homeland Security appro- our Senators from Florida know, as we cated that the White House would in- priations bill, and thematically that is have discussed, we will be there, we tend then to send down a second re- the issue which I believe will dominate will respond as soon as possible. I was quest. The reason I am asking a ques- the next 4 weeks. I will come back to talking to Senator NELSON on the floor tion about that is this. There are, as how the various pieces will fit in when about this. the Senator knows, other areas of the addressing what is the overriding issue Over the last weekend, even before country that have suffered substantial of this body over the next several Hurricane Frances touched the eastern weather-related disasters. In North Da- weeks. shores of Florida, the Congress, this kota, for example, 1.7 million acres As Senator DASCHLE mentioned, last body, was notified that FEMA would be could not even be planted in farmland week we saw the terrible school siege obligating funds for these disasters at a this year, so we have some farmers in in Beslan, Russia, which served as a re- rate greater than what had been appro- pretty tough shape. It is not only minder that our enemies are ruthless priated for this year. In other words, North Dakota, but Minnesota, Mon- and determined. Those pictures and the what that means is FEMA would be op- tana, and other parts of the area. There coverage we have seen are burned into erating in a deficiency. Currently the are some drought-stricken areas out our minds at this juncture, and the fe- administration estimates that FEMA West as well. Some of us would want to rocity of the enemy in that small town indeed will be out of funds by the end include some help for those producers. in southern Russia. Al-Qaida-linked of tomorrow. Therefore, last night the I don’t think we would want to inter- militants literally slaughtered hun- President of the United States trans- rupt what is going on today. The Sen- dreds of schoolchildren, parents, and mitted to us an emergency $2 billion ator is absolutely correct, we need to teachers on what should have been a supplemental request for FEMA. The move quickly to respond. But, Senator joyous day—the first day of school. It President has asked us, asked this FRIST, you indicated the second re- was a massacre. There is really no body, to take immediate action on this quest may well be put on a Homeland other way to describe it. There are 334 request. Security appropriations bill. Yet I people dead and 200 people missing I have been in contact with officials know there is a unanimous consent re- right now. Our hearts ache and reach from the administration, with the quest being offered today, or at least out to the people of Russia and to the chairman of the Senate Appropriations one that is being talked about, that families who have been devastated by Committee, with officials and Rep- would preclude amendments to that this sickening act of violence. America resentatives from Florida, and every- that would not be about Homeland Se- understands the pain that is felt by one agrees we should act as soon as curity. those families, by that country, and by

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8818 CONGRESSIONAL RECORD — SENATE September 7, 2004 those communities. We are determined These directives are crucial to win- ensuring that we are as effective as to defeat those forces of terror which ning the war on terror, but as we all possible in dealing with the threat of were depicted by that horrendous event acknowledge and the reason we must terrorism. That is why we must act and to do so quickly and responsibly. act in this legislative body is that promptly in this body to confirm Con- We must strengthen our homeland these measures are interim measures. gressman PORTER Goss to the currently security, and we will turn to that legis- Here in the Senate we began respond- vacant post of CIA Director. It is obvi- lation tomorrow. We need to reform ing to the 9/11 Commission Report as ous that we need a permanent CIA Di- our intelligence systems. soon as it came out, but we have much rector, and it is time for this body to Thirdly, we need to address the va- work to do, as was outlined by several act. The nomination has been made. cancy of that top post of the CIA. of my colleagues over the last hour, With the schedule that will be outlined These are three objectives we need to this month to respond to the 9/11 Com- in the next several days, we must act keep coming back to and to stay fo- mission Report, its criticisms, its cri- on this important position. At a time cused on over the course of the next tiques, as well as its recommendations. of homeland general insecurity with several days since we have so little There are three major areas we need the threat of terrorism, whether it is in time. Those three objectives we abso- to address in the coming weeks: First, the homeland or international, we lutely must achieve. legislation to reform intelligence anal- should not allow this critical post to Tomorrow morning we will go to the ysis and coordination in the executive remain vacant. Homeland Security appropriations bill. branch; second, the confirmation of a In the past there have been efforts to Congressman GOSS, I might add, is an new CIA Director; and third, the Sen- bog down the process with unrelated outstanding choice to lead the agency. ate’s role in oversight of intelligence amendments, nongermane amend- As chairman of the House Intelligence and homeland security; that is, what ments. We should all agree and we do Committee and a former CIA agent, he goes on here in the U.S. Senate. What all agree that homeland security has long experience in the field of in- is our role? Go back and look at it and should not be used to advance separate, telligence. He knows clearly the chal- unrelated political issues. engage appropriate reform. Those are lenges ahead. We must confirm Con- Our first responders and the Amer- the three issues we must address. gressman GOSS without delay. There is ican people are depending on this body I mentioned that after the 9/11 Com- no time to lose. to act. Both Democratic leadership and mission Report this body began to respond immediately. In July, just before Thirdly, Senate oversight. I men- Republican leadership agree to go to tioned the relationship with the execu- this particular bill, an important bill the recess began, Senator DASCHLE and I immediately set the process in place tive branch, which the Governmental which funds our homeland security in Affairs Committee addressed. Second, I this country. I urge my colleagues in the Senate to respond legislatively to the 9/11 Commission Report. mentioned the importance of our re- again to act swiftly, to amend appro- sponsibility to go ahead and move this priately but act swiftly on this impor- First, on executive reform in the executive branch, Senator DASCHLE and I nomination of Congressman GOSS. The tant bill. We need a bill that is appro- third issue is what we do in the U.S. priately debated, amended, passed, asked the Governmental Affairs Com- mittee in close consultation with other Senate in terms of our appropriate resigned, and enacted before we adjourn. sponsibility and in terms of oversight. I will continue to work with our committees that have a stake in these Democratic colleagues in terms of an changes to carefully evaluate the Com- In a separate effort regarding the 9/11 agreement that will allow us to con- mission’s proposals regarding reorga- Commission Report response from the sider the Homeland Security appropria- nization of the executive branch and Governmental Affairs Committee, Sen- tions bill and amendments with hopes then to determine how best to imple- ator DASCHLE and I established a task of finishing that bill as expeditiously ment those. force to evaluate the September 11 as possible. Over the August recess—a time that Commission proposals and to offer spe- As our top focus—protecting our Na- is typically just a recess and people are cific reforms as they relate to Senate tion—must go beyond homeland pre- back at home with constituents in intelligence in homeland security over- paredness, America will only be secure their States—Congress held over two sight. Senator MCCONNELL and Senator if we deal with threats before they hap- dozen committee hearings. In the Sen- REID are cochairs of this task force. pen, not just after they happen. As the ate, four committees worked through Their work is underway. 9/11 Commission Report so grimly out- August and heard testimony from This is a pivotal moment to make lined, our intelligence community calls roughly two dozen witnesses. Those over the Senate so it operates effi- out for major reform. committees included the Governmental ciently, effectively, more responsibly, President Bush has already taken Affairs Committee, the Intelligence and more transparently in overseeing steps following a careful review of the Committee, the Commerce Committee, the security of our homeland. We can- Commission’s recommendations. Presi- and the Armed Services Committee. not lose this opportunity. We should dent Bush has issued three Executive Each carefully examined the rec- not lose this opportunity. There will be orders to strengthen our intelligence ommendation of the 9/11 Report, and the old battles, I am sure, that will system. The CIA Director will now each brought in expert testimony to replay out again and again in terms of have expanded powers to ensure a view past performance and future re- jurisdiction, in terms of power, in joint, unified national intelligence ef- forms. terms of prestige, or in terms of the fort. The President has also ordered The Governmental Affairs Com- way we have been locked in in the past the creation of a national counterter- mittee, led by Chairman SUSAN COL- in this body in dealing with intel- rorism center which will be responsible LINS and Senator JOE LIEBERMAN, is ligence oversight. for analyzing and integrating foreign taking the lead to determine how we and domestic intelligence which is ac- can best reorganize and revitalize in- Our national defense requires no less quired across various departments and telligence agencies and activities in than a new unified bipartisan effort to agencies. With the third Executive the executive branch. This is a com- transform the Senate to meet these order, the President directed our intel- plicated undertaking. It is a serious new threats. Time is of the essence. It ligence agencies to give the highest undertaking but one which is abso- is not my intent that the task force priority to detection, prevention, dis- lutely vital to the security of our coun- spend months and months and months ruption, preemption, and mitigation of try. reviewing options and then see time efforts of terrorist activities against Much work has been done over the run out on this Congress. We need to the United States. He has ordered our last 6 weeks after the 9/11 Commission act deliberately, give a lot of thought agencies to maximize their ability to Report, but we have a huge amount of to it, debate it, and then act decisively. exchange intelligence so we can put to- work to do in the next several weeks. I know from conversations the Demo- gether each piece of the puzzle and pre- The second issue is the CIA Director. cratic leadership agrees with this as empt terrorist plotting. As with the President, the Senate’s well. President Bush’s top priority is de- highest priority is to protect the Amer- As we move forward to strengthen fending America. ican people. Our top concern must be our national security, I will shift gears

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8819 a bit from the agenda of the next sev- The second judge under consideration thoughts and prayers to our colleague, eral weeks and turn to the issue of pro- today is Michael Schneider. He cur- Senator CLINTON, here and to their en- tecting America’s taxpayers. Four im- rently presides on the Texas Supreme tire family over the last several days. portant family tax revisions are set to Court. President Bush has nominated I also briefly mention in early Au- expire at the end of this year. They in- Judge Schneider to the U.S. District gust we tightened security around the clude the increase in the child tax cred- Court for the Eastern District of Texas. Capitol significantly. Over the recess, it to $1,000, marriage penalty tax relief, As an appellate and trial judge, Justice Senator DASCHLE and I met with the expansion of the 10-percent tax brack- Schneider has heard civil and criminal Sergeant at Arms and other law en- et, and the increase in the alternative matters from across the State. He was forcement and intelligence people. We minimum tax exemption. Each of these honored in 1994 as the Texas trial judge agreed that new information regarding provisions impacts families. Each has of the year. In 2001 he was awarded potential threats required our Capitol helped ease the burden on millions of Texas’s appellate judge of the year. to establish some temporary perimeter American families. Judge Schneider received the ABA’s security checkpoints at all streets If we do not act in this body to ex- highest rating, unanimously well- leading into the complex, as well as a tend the provisions, millions of hard- qualified. number of other security measures. working American families will pay Our third nominee, Judge Michael That said, we are working closely the price. They will be unfairly penal- Watson, has been an appellate and trial with the Capitol police and the District ized. If we do not act, their taxes will court judge in the Ohio State courts of Columbia to minimize any inconven- go up and their household budgets will for over 8 years. He currently serves on ience. shrink. They will have less freedom the Tenth District Court of Appeals. We look forward to a busy session, a and less ability to make ends meet. The American Bar Association has productive session over the next days For example, if we do not act, 70 mil- rated Judge Watson qualified to serve and weeks. We will address legislation lion women will see their taxes in- on the U.S. District Court. that is absolutely critical to the secu- crease on average $660. If we do not act, Each of these candidates is indeed rity of our homeland, to the security of 46 million married couples will each outstanding. I expect their votes to go the United States, and to the well- pay on average a whopping $900 more in smoothly this afternoon. being of our fellow Americans. We will taxes. It we do not act, 38 million fami- I would be remiss, however, if I did vote on, and I am confident we will lies with children will pay $900 more, not mention the fact that 10 other pass, the supplemental appropriations on average. If we do not act, 8 million nominees are still in limbo. Since 2003, bill for the State of Florida to help single women with children will see seven appellate court nominees have them respond to the devastation of their taxes increase by nearly $370. If been filibustered. They have been de- Hurricanes Charley and Frances. we do not act, 11 million elderly would nied something very simple: an up-or- By working in a bipartisan manner— each have to pay $383 more. If we do down vote by each Senator in the Sen- and as I said when we opened, I know not act, 23 million small business own- ate. They have been denied that the environment, and the larger envi- ers would incur tax increases averaging through filibusters. We believe that is ronment, is going to be very politically $784. Nearly 2 million individuals and wrong. We believe the obstruction tac- charged, but if we in this body can families who currently have no income tics to which these individuals have work in a bipartisan manner, a focused tax liability would once again become been subjected is harmful and unfair. manner, I am convinced we can accom- subject to the income tax. They are unfair to the nominees—pub- plish the goals that are set out and That is what is at stake. That is lic servants all—and they are harmful move America forward. We will what is before the Senate. That is sim- to the judicial system and to the Sen- strengthen our security, we will ply unacceptable. We cannot allow the ate which is charged by the Constitu- strengthen our homes, and we will lend American people to suffer an auto- tion to do something very simple; that a hand to our neighbors as we confront matic and totally unavoidable tax hike is, advice and consent. That means an the challenges ahead. because we in this body fail to act. up-or-down vote: Yes or no. If they Mr. President, I yield the floor. There is bipartisan consensus to take want to vote no, they should be able to The PRESIDING OFFICER. Under action to extend these family tax pro- vote no. And if they want to vote yes, the previous order, the Senator from visions and to protect the American they should be able to vote yes. They Florida is recognized for 10 minutes. family. Protecting the homeland, pro- deserve a vote. f tecting the American family, are tall I ask my colleagues to stop the ob- goals, but they are absolutely crucial struction and to allow an up-or-down EMERGENCY APPROPRIATIONS to the security and the well-being of vote on all these nominees. A simple FOR FLORIDA our country. up-or-down vote: Yes or no. Mr. NELSON of Florida. Mr. Presi- Meanwhile, we also have a responsi- In closing, as we all know, President dent, I thank the majority leader for bility to deliberate on the President’s Clinton had heart surgery, and, as so the comforting statement that we will judicial nominees under the previous many people have done, we offer our take up the emergency appropriations order at 5:30 today. We will have two best wishes to the President for a for FEMA to meet the first of two cri- votes on the two district judge nomina- speedy recovery. He underwent coro- sis we have had in the State of Florida tions, Virginia Maria Hernandez Cov- nary bypass grafting and by all ac- over the course of the last few weeks. ington of Florida and Michael H. counts has done very well. This is If I might inquire of the majority Schneider, Sr. of Texas. Both are ex- something that is very close to me. leader, is it still the understanding of ceptional nominees. Both enjoyed bi- The coronary bypass grafting is an op- the majority leader that the House bill partisan support. Following these eration I performed routinely, an oper- may come tonight, or are we looking at votes, we will consider another excel- ation I did every day before coming to tomorrow in which we could pass this lent nominee, District Judge Michael the Senate. It is routine. Now there are emergency supplemental appropria- Watson. His nomination will not re- 330,000 done a year, about 1,000 a day— tions? quire a rollcall vote. even more than that. About 500,000 Mr. FRIST. Mr. President, even since Judge Hernandez Covington is a Flor- were done before the new technology of I completed my remarks, I was just in- ida native and currently serves on the stints and angioplasty came in. Al- quiring. It depends entirely when we Second District Court of Appeals. She though it is a routine procedure for get the language from the House. I stands before us as a nominee to the many hospitals, postcoronary artery think we still have a shot of doing it middle district court of Florida as an bypass grafting is a big operation. It is later tonight. But we will be in session appellate judge. Hernandez Covington like being hit by a truck in terms of with the votes on the judges. If we need authored over 110 opinions and has the recovery. It takes a few days. to stay in a little bit later to do it to- heard more than 1,000 cases. The Amer- President Clinton, by all accounts, night, we will do it. I am very hopeful ican Bar Association unanimously has done very well. We heard last night we will have language here within an rated judge Hernandez Covington well- from the surgeons. Obviously, we all hour and a half or 2 hours, in which qualified for the U.S. District Court. have had the opportunity to extend our case we will go to all the appropriate

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If gether as the Federal Government, it is portance of getting this money as there is a reason for the Federal Gov- time to respond. quickly as possible in the people’s ernment, it is to respond in times of I thank my colleagues for their fa- hands, where they are not worried emergency, whether that be a national vorable consideration of this request. I about money coming in. They are emergency such as a war or a national remind them that we are not through going to be able to take care of the emergency in times of natural disaster. yet. We have some major additional people in Florida and emergencies We have always done it. I remember emergency supplemental appropria- around the country. when I came to Congress in 1979, one of tions. When we compare this to an- Mr. NELSON of Florida. As the Sen- the first votes I cast was in relation to other major natural disaster such as ator and I discussed last night, I was the eruption of Mount St. Helens in the Andrew, we can see the Federal Gov- told by the Director of FEMA they are State of Washington. That place need- ernment spent over $6 billion on the basically running out of money. By the ed a great deal of Federal assistance to cost of recovery from Andrew. It won’t end of the week, they are not going to overcome all of the deficiencies that be that much for these two storms, but have any cash to expend. So I think had happened to that society in the it will be substantial. that ups the urgency of this appropria- midst of that natural disaster. I am very grateful to the Senate for tions. Now we have not only the disaster of listening to the pleas of the two Sen- I also appreciate the statement by one hurricane but having the State ators from Florida as we ask for its the majority leader that this is just a crisscrossed with a big X over the cen- help in this time of need. first step. When we look at the needs, ter of the State almost like a bull’s eye I yield the floor. just for FEMA, from the first hurri- by the second hurricane. And thank The PRESIDING OFFICER. Under cane, Charley, it is going to exceed the the Good Lord it was not a category 4, the previous agreement, the Senator $2 billion request by the President. And which a day out it was a category 4. In from North Dakota is recognized for 10 that does not include all of the other this particular case, it had winds up to minutes. agencies, such as the Department of 145 miles an hour. Well, by the time it Mr. DORGAN. Mr. President, I expect Agriculture, the Small Business Ad- hit, it had subsided to a category 2, most Senators feel as do I: Whatever ministration, the Economic Develop- with winds up to 105 miles an hour. resources are needed by the citizens of ment Administration, the Defense There is a huge difference in the de- Florida to recover should be provided costs. NASA has costs. You can go on structive force of the winds going from by the Senate. I certainly will be one down the list. 105 to 145 miles an hour. The destruc- Senator who wants to support the $2 For example, compared to Hurricane tive potential of that wind goes up ex- billion emergency supplemental that is Andrew 12 years ago, the FEMA cost ponentially as you raise the wind necessary now and whatever additional then was $2.9 billion. But the overall speed. resources are needed to help Floridians cost to the Federal Government, in- But what happened with Frances, recover from these devastating storms. cluding all of the other agencies, was even though it subsided to having The storm season is not even over at over $6 billion. And that was just one winds up to 105 miles an hour when it this point. Most of us do not under- hurricane, a magnitude greater than hit the coast, with gusts up to 120 miles stand, perhaps, the experience of the Charley, but now we have two. And per hour, it lingered, it slowed, it citizens of Florida. I did want to make Lord help us if we have three. But we stalled, it wobbled, and it was so mas- the point earlier that when we do the are dealing in a range of probably $4.5 sive it covered up the entire State of second piece, there are some other billion out of these two. Florida so that parts that were thought parts of the country that are going to So is it my understanding from the to be immune from this hurricane behave to be dealt with. That was the majority leader that it would be his in- cause of the track of the hurricane, point I was making. tention, as he had discussed last night suddenly were engulfed in fierce winds I want to make sure everybody un- in our telephone conversation, that we and driving rain which has caused derstands: Whatever resources are would take up additional emergency enormous flooding problems. needed by the citizens of Florida, I be- appropriations next week? So it will be my intention, once we lieve the Senate should stand ready to Mr. FRIST. Mr. President, in re- pass this emergency supplemental of $2 say to them, you are not alone; this sponse to my colleague from Florida, I billion—which is not going to any- country wants to help in times of need want to make it very clear, it is impos- where cover just the costs for FEMA and in times of emergency. sible to determine what the real re- for the first hurricane—to come back f quirement is going to be in Florida. for appropriate additional funds for the The important thing is to look at this first hurricane as well as the second NETWORK COVERAGE OF supplemental as a first major step to hurricane. CONVENTIONS keep the emergency care, the shelters, For example, besides FEMA, there Mr. DORGAN. Mr. President, I rise to the response flowing, and that there are the expenses of the Department of speak on the two political conventions. will be another supplemental. I will not Agriculture. We are going to have huge My speech will not be about the poli- have quite the sense of time urgency, crop losses from Charley and now also tics of the conventions but about the meaning in hours. As you said, with from Frances. There is also the Small coverage of the conventions. FEMA not having sufficient funds by Business Administration, which has a Senator LOTT and I have worked all tomorrow, it means we need to act to- number of relief programs in addition of this year and the major part of last night or first thing in the morning. to low-interest loans; the Economic year on an issue dealing with the con- And we will follow up with appropriate Development Administration in the centration of broadcast ownership in a deliberations as information comes for- Department of Commerce; and the mil- rule that was crafted by the Federal ward and there are accurate requests lions of dollars to assist the Depart- Communications Commission that being made and we can assess the full ment of Transportation, as well as the would allow even greater concentration extent of the damage. But even with American Red Cross. in broadcast ownership. That rule that, we need to do it quickly. It is not I mentioned some damage done to would have allowed in the larger cities something we want to push way off the Department of Defense, and NASA, for one company to purchase three tel- into the future. for that matter. As a matter of fact, evision stations, eight radio stations, Mr. NELSON of Florida. I thank the from the first hurricane, NASA in- the cable system, and the largest news- majority leader and the minority lead- curred costs of $750,000, and the hurri- paper, and that would be fine. er for their cooperation because clearly cane only just scraped the edge of the Many Republicans and Democrats the State of Florida is reeling under space center. This one did significant don’t think that is fine. We think the this one-two punch to which we have damage, taking out 1,000 very large concentration of ownership of media

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8821 properties will mean that fewer and pass the buck to cable. Remember also that speech. Why is it they couldn’t have fewer Americans, probably fewer than the vast majority of cable channels are na- done that? a handful of Americans, will determine tional, not local. So don’t look for local cam- Let me show you what they were air- what the rest of the American people paign coverage on cable, except in the few towns where local cable news exists. Most ing on Monday evening. They had ‘‘Ac- see, hear, and read. We don’t think Americans still must look to their local cess Hollywood.’’ That was important. that is helpful. broadcaster for news of local campaigns and Then they went to ‘‘Fear Factor.’’ That A Federal court has overturned the issues. is where you sometimes tune in and rule the FCC developed and sent it The F.C.C. is doing nothing to help as the you see people eating a bowl of back to them, saying ‘‘redo it.’’ Sen- situation deteriorates. It has weakened al- maggots or whatever other disgusting ator LOTT and I and others hope the most every explicit duty stations once had thing happens on ‘‘Fear Factor.’’ I have FCC will do this the right way. The for serving the public interest, like ensuring seen it as I have used the remote con- right way would be to promote more that stations cover local issues and offer viewers a diversity of opinion. Just as bad, trol to change the channels. ‘‘Complex economic opportunity and broader the commission eliminated protections Malibu,’’ they aired—eight couples ownership, not concentrated ownership against media consolidation last year, even begin the competition by working on a in radio and television and newspapers. though critics warned that this would result master bedroom—and NFL preseason, This relates to the coverage of the in even less local coverage. Luckily a federal and the ‘‘Last Comic Standing.’’ Republican and Democratic Conven- court rejected this decision, so we have an- The American people couldn’t get the tions. I thought it was interesting this other chance to save these rules. The F.C.C. has also failed to set guidelines Republican Convention that evening year that the coverage of the two polit- because this is what was aired on tele- ical conventions was so spartan as to for how broadcasters will meet their public interest responsibilities when digital TV and vision. This was a Monday evening, the almost be nonexistent with respect to multicasting become more widespread. To first evening of the convention. the major networks. make matters worse, the F.C.C. now prac- What about the Democratic Conven- Michael Copps, a commissioner at tically rubber-stamps TV license renewals, tion? The networks decided they the FCC, wrote an op-ed piece on the usually without auditing station records to wouldn’t broadcast on Tuesday evening determine whether licensees are fulfilling subject. I ask unanimous consent to of the Democratic Convention. They print it in the RECORD. their public interest responsibilities or checking with communities to ensure that broadcast three nights, 1 hour each There being no objection, the mate- evening for three nights. On Tuesday rial was ordered to be printed in the stations are meeting local needs. Whether we are Democrats, Republicans or evening, July 27, the keynote speaker RECORD, as follows: independents, we all can agree that democ- Barak Obama spoke, Teresa Heinz [From the New York Times, Aug. 30, 2004] racy depends on well-informed citizens. So as spoke. The American people didn’t get SHOW ME THE CONVENTION you flip through the channels tonight while to listen to those speeches. They (By Michael J. Copps) the convention is largely ignored, consider should have been able to. whether TV broadcasters, sustained by free As a Democratic commissioner on the Fed- access to the public airwaves in exchange for Here is what was going on. They eral Communications Commission, I may not programming in the public interest, are aired that evening ‘‘Trading Spouses, agree with many positions taken by speakers holding up their end of the deal. Meet Your New Mommy,’’ ‘‘Wheel of this week at the Republican National Con- vention. Even so, I believe our broadcast Mr. DORGAN. Mr. Copps makes the Fortune,’’ ‘‘Last Comic Standing,’’ media owe us more coverage of an event that point that we give broadcasters the ‘‘Quintuplets,’’ ‘‘The Amazing Race,’’ remains an important component of the right to use the airwaves in exchange eight teams travel from Argentina to presidential campaign. Yet tonight, if people for their agreement to broadcast in the St. Petersburg, Russia. The networks around the country tune in to the commer- public interest. They don’t own the air- were too busy. They didn’t want to put cial broadcast TV networks, most will not waves. They are licensed to use them on 2 hours a night for four nights, or see any live convention coverage. That’s not in exchange for broadcasting in the four hours a night, they used to do right. that. Let’s remember that American citizens public interest. They also earn sub- own the public airwaves, not TV executives. stantial money in broadcasting prop- Some people say the conventions are We give broadcasters the right to use these erties from advertising during tele- staged. Really? Well, there are a lot of airwaves for free in exchange for their agree- vision campaigns. It is expected they stories at the conventions. But those ment to broadcast in the public interest. will earn nearly $1.5 billion from polit- stories are not covered these days by They earn huge profits using this public re- ical advertising. the major broadcast networks. Why? source. During this campaign season broad- What do we get in return? We get al- Because they are only broadcasting 1 casters will receive nearly $1.5 billion from hour a night, three nights; 3 hours, political advertising. most no coverage any longer, very What do we get in return for granting TV spartan coverage of the two political total 6 hours, for both the Republican stations free use of our airwaves? Unfortu- conventions. Television and other ex- and the Democratic National Conven- nately, when it comes to coverage of issues ecutives say: That is because people tions; 6 hours every 4 years. How does important to our nation, the answer is less can watch the conventions on cable tel- that relate to the obligation to serve in and less. Coverage of the 2000 presidential evision. Well, there are more channels. the public interest? How does that reelection on the network evening news There is cable. But 35 million Ameri- late to what Senator LOTT and I and dropped by a third compared to reporting on cans don’t get cable television. others have been talking about, how a the 1996 election. During the last election few people decide what the American cycle we heard directly from presidential Let me take a look at what has hap- candidates for an average of 9 seconds a pened, as Mr. Copps describes it in his people read or hear? How many people night on the news. Local races? Forget it. In piece. On Monday, August 30, the Re- do you think made the decision we will 2002—the most recent midterm elections— publican Convention was held in New only offer 3 hours to the American peo- more than half of local newscasts contained York. This is a Monday evening. None ple of the Republican National Conven- no campaign coverage at all. Local coverage of the networks decided they would tion on the major networks? How many has diminished to the point that campaign cover the Republican Convention. It is people do you think made the decision ads outnumber campaign stories by four to strange for me to be protesting that, we will only offer 3 hours of the Demo- one. What coverage there is focuses inordi- cratic Convention? nately on polls and handicapping the horse but nonetheless I think the networks race. have a responsibility and should have I think both the Republican Conven- TV executives tell us that the convention had a responsibility to provide exten- tion and the Democratic Convention and campaign coverage provided by the cable sive coverage of both political conven- were shortchanged. Why do I say that? channels is sufficient. I don’t think so. tions. So on Monday night, they did Because the fact is, we make decisions Around 35 million Americans don’t get cable, not show the American people the in the political process. Our major na- often because they cannot afford it. To put it speech by Senator MCCAIN, our col- tional conventions are a significant in perspective, that’s more than the com- league. Incidentally, I think that part of the process. The dialog, the dis- bined populations of Ohio, Michigan, Wis- consin and Minnesota. Furthermore, broad- speech should have been heard by the cussion, the debate in those conven- casters legally undertake to serve the public American people. They didn’t air the tions is a significant part of showing interest themselves in exchange for free speech by Rudy Giuliani. The Amer- and telling the American people what spectrum—their licenses don’t allow them to ican people should have heard that these political parties are about. I

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8822 CONGRESSIONAL RECORD — SENATE September 7, 2004 know we get plenty of television in pol- The PRESIDING OFFICER. Without tory, you take the right exams so that itics. But most of it is 30-second incen- objection, it is so ordered. you find out early if you have it. I am diary, negative ads talking about who f proud my bill became law in 1998 as is the worst rather than who is the part of a larger bill on women’s health. ISSUES BEFORE THE SENATE best. Very few of them have any ideas AMERICAN DEATHS IN IRAQ or talk about issues. Mrs. BOXER. Mr. President, it has Mrs. BOXER. Mr. President, accord- The question is, as Commissioner been quite a while since the Senate has ing to CNN this morning, there have Copps points out in his editorial pub- been in session. I spent the entire time been 999 total U.S. deaths in Iraq. We lished in the New York Times, are the traveling up and down my State learn- are one away from 1,000 deaths. When networks serving this country’s inter- ing a lot from my people, as I always the President stood on the carrier with ests by deciding they shall air only 3 do. I am coming back here ready to the ‘‘mission accomplished’’ sign be- hours every 4 years of a major political work for as long as it takes to protect hind him, 138 of our soldiers had died. convention? the American people, to do what we That was May 1, 2003. Since the Presi- In 1976, the three major television can about the health care crisis, Medi- dent declared mission accomplished— networks provided more than 50 hours care, and the rest. How much we get and he did it, as many of us said on of television convention coverage. In done is going to be up to us. Of course, both sides of the aisle, without a plan 1996, 20 years later, that had dropped to the leadership around here has to go to for the aftermath of the war, which 12 hours. This year it dropped to 6 the bills that will make us safe, help was brilliantly executed—we have lost hours. our seniors, take up the issue of health 861 more soldiers. The New York Daily News said that care, and will get the deficits under When I was home, I met with vet- before cable and satellite, ABC, CBS, control. That is their job. We will see erans from this war and the one in Af- and NBC turned over their prime time what happens. ghanistan. Mr. President, 6,916 Ameri- to the conventions as a matter of civic I hope we go to Homeland Security cans have been injured in Iraq. Accord- duty. appropriations because there is a lot of ing to a report in the L.A. Times, 57 It is interesting to me that these work we need to do on that bill to percent have been injured so severely conventions are staged so tightly. One make sure it truly does protect the that they are unable to return to duty. of the reasons they are created as American people. I asked what the suicide rate was in tightly as they are with respect to BEST WISHES TO FORMER PRESIDENT CLINTON Iraq. I learned from the military that agenda is to fit into the very short Mrs. BOXER. Mr. President, I want the suicide rate is very high—64 per- time period the networks now offer for to use this opportunity to send my best cent higher than the suicide rate in our the coverage of the conventions. wishes to President Clinton as he re- country, and it is 34 percent higher Mr. President, the issue of broadcast covers from very serious surgery, than in any other war theater. So we ownership and the concentration of which, thank the Lord, appears to be better be ready for the veterans who broadcast ownership remains at the successful. I know the first few days are coming back from that war, with FCC. The question is, what will they do are the toughest. We have had a num- 6,916 wounded. with these rules and how will the rules ber of calls into our office from my The Washington Post got hold of the affect what people see and hear in the constituents. I wanted to say that if veterans budget of this administration, future? How does concentration of eco- they want to send a message to Presi- and what did they learn? They learned nomic ownership in broadcast prop- dent Clinton, they should, if they have that the Bush draft budget for 2006 in- erties affect what we saw this year, the access to a computer, go to the fol- cludes an overall VA cut of $910 mil- coverage of only 3 hours of the Repub- lowing site: lion. If we love our soldiers—and I be- lican and Democratic Conventions? I www.clintonpresidentialcenter.org. lieve we all do—how could we possibly have described significant speakers the Then they can go to the right side of cut the VA budget at a time when we American people did not have an oppor- the page and there is a link where they are getting close to, at this point, 7,000 tunity to see or hear. Someone made a can send personal best wishes to Presi- injured vets coming home? The total of California’s deaths is 254. decision it wasn’t worth it. This is dent Clinton. I have paid tribute to each and every what Senator LOTT and I and others As usual, President Clinton is going have been concerned about for a long to teach the country something about one of those who died from California— those who were either born in Cali- while—about the concentration of own- heart disease. I thought I would take a fornia, lived in California, or went to ership in broadcast properties. moment to say this is something I have Iraq or Afghanistan from a California Again, I am not against big in every been working on for years, since 1997. I base. Today, I want to pay tribute to 48 circumstance. I don’t think big is al- introduced the Women’s Cardio- more casualties that happened between ways bad or small is always beautiful. vascular Disease Research and Preven- the time we left 6 weeks ago and now. But in broadcast properties—radio, tel- tion Act. I was proud to do it with Con- This relates to those killed in Iraq, evision, and newspapers—I think gresswoman Maxine Waters. Together, not Afghanistan, since July 5. All of broad-based economic ownership best we wrote this bill and it was to expand them are from California or based in serves this democracy. I think when we and coordinate the efforts of fighting California. So I will go through these see more and more concentration, heart attack, stroke, and other cardio- names. where you have fewer and fewer peo- vascular diseases in women. LCpl John Vangyzen, age 21. Lance ple—in some cases a handful—deciding A lot of women don’t think cardio- Corporal Vangyzen died on July 5 as a what the American people will see, vascular disease—heart attack and result of enemy action in Al Anbar hear, and read, frankly, I think that is stroke—is a threat to them. Yet, if you Province. He was assigned to the 3rd unhealthy. One sign of that is what look at the numbers, nearly 500,000 Battalion, 7th Marine Regiment, 1st they decided to air at a time when they women die of cardiovascular disease Marine Division, at Twentynine Palms, decided the two political conventions each year. The number is far less for CA. by the national Republican party and breast cancer. Of course, we live in fear LCpl Michael S. Torres, age 21, died the national Democratic party were of breast cancer, which kills far fewer. July 5 as a result of enemy action in Al unworthy. I think it goes without say- But cardiovascular disease in women is Anbar Province, 3rd Battalion, 7th Ma- ing that they have shortchanged the the biggest killer. More than 20 percent rine Regiment, 1st Marine Division, American people. of Americans have some kind of cardio- Twentynine Palms, CA. I yield the floor. vascular disease, with over half being Cpl Dallas L. Kerns died on July 5 as The PRESIDING OFFICER. Under women. a result of enemy action in Al Anbar the previous order, the Senator from So President Clinton, I know, is Province. He was assigned to 3rd Bat- California is recognized for 10 minutes. going to do very well. He has taught us talion, 7th Marine Regiment, 1st Ma- Mrs. BOXER. Mr. President, I ask so many things about issues and I rine Division, at Twentynine Palms, unanimous consent that upon comple- know he will teach us a lot about how CA. tion of my remarks Senator HARKIN be to prevent heart disease and how to LCpl Justin T. Hunt died July 6 as a recognized for up to 20 minutes. make sure, if you have a family his- result of enemy action in Al Anbar

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8823 Province. He was assigned to 2nd Light LCpl Mark E. Engel, age 21, died July ing mortar during enemy action in Armored Reconnaissance Battalion, 21 at Brook Army Medical Center, Fort Najaf. He was assigned to Battalion 2nd Marine Division, II Marine Expedi- Sam Houston, TX, of multiple wounds Landing Team 1/4, 11th Marine Expedi- tionary Force at Camp Lejune, NC. He he received as a result of enemy action tionary Unit, Camp Pendleton, Ca. He was from Riverside, CA. in Al Anbar Province. He was assigned was from Los Angeles, CA. SPC William R. Emanuel, IV, age 19, to 2nd Light Armored Reconnaissance LCpl Jonathan W. Collins, age 19, was from Stockton, CA. He died July 8 Battalion, 2nd Marine Division, Camp died August 8 due to enemy action in in Baghdad. He was in the Iraqi Na- Lejune, NC. He was from Grand Junc- Al Anbar Province. He was assigned to tional Guard Headquarters when it tion, CA. 2nd Battalion, 4th Marine Regiment, came under a mortar attack. He was LTC David S. Green, age 39, died July 1st Marine Division, Camp Pendleton, assigned to 1st Battalion, 26th Infantry 28 due to enemy action in Al Anbar CA. Regiment, 1st Infantry Division, Province. He was a reservist assigned LCpl Tavon L. Hubbard, age 24, died Schweinfurt, Germany. to Marine Light Attack Helicopter August 11 in a helicopter crash in Al Cpl Terry Holmes, age 22, died July Squadron 775, Marine Aircraft Group Anbar Province. He was assigned to the 10 due to a noncombat-related vehicle 16, 3D Marine Air Wing, Marine Corps Command Element, 11th Marine Expe- accident in Al Anbar Province. He was Air Station, Miramar, CA. ditionary Unit, Camp Pendleton, CA. assigned to 3rd Battalion, 1st Marine GySgt Shawn A. Lane, age 33, died SSgt John R. Howard, age 26, died Regiment, 1st Marine Division, Camp July 28 due to enemy action in Al August 11 in a helicopter crash in Al Pendleton, CA. Anbar Province. He was assigned to Anbar Province. He was assigned to Sgt Krisna Nachampassak, age 27, Headquarters Battalion, 1st Marine Di- Marine Medium Helicopter Squadron died July 10 due to a noncombat-revision, Camp Pendleton,CA. 166 (Reinforced), 11th Marine Expedi- lated vehicle accident in Al Anbar SPC Armando Hernandez, age 22, died tionary Unit, Marine Corps Air Sta- Province. He was assigned to 3rd Bat- in Samarra, Iraq, when an improvised tion, Miramar, CA. He was from San talion, 1st Marine Regiment, 1st Ma- explosive device exploded near his Diego, CA. rine Division, Camp Pendleton, CA. guard post. He was assigned to the LCpl Kane M. Funke, age 20, died Au- PFC Christopher Reed, age 20, died Army’s 1st Squadron, 4th Cavalry, 1st gust 13 as a result of enemy action in July 10 due to a noncombat-related ve- Infantry Division, Schweinfurt, Ger- Al Anbar Province. He was assigned to hicle accident in Al Anbar Province. He many. He was from Hesperia, CA. 2nd Battalion, 7th Marines, 1st Marine was assigned to 3rd Battalion, 1st Ma- Sgt Juan Calderon, Jr., age 26, died Division, Marine Corps Air Ground rine Regiment, 1st Marine Division, August 2 due to enemy action in Al Combat Center, Twentynine Palms, Camp Pendleton, CA. Anbar Province. He was assigned to 3rd CA. SSgt Trevor Spink, age 36, died July Battalion, 1st Marine Regiment, 1st PFC Fernando B. Hannon, age 19, was 10 due to a noncombat-related vehicle Marine Division, Camp Pendleton, CA. killed August 15 while conducting com- accident in Al Anbar Province. He was Cpl Dean P. Pratt, age 22, died Au- bat operations in Al Anbar Province. assigned to 3rd Battalion, 1st Marine gust 2 due to enemy action in Al Anbar He was assigned to 3rd Battalion, 1st Regiment, 1st Marine Division, Camp Province. He was assigned to 2nd Bat- Marine Regiment, 1st Marine Division, Pendleton, CA. talion, 1st Marine Regiment, 1st Ma- Camp Pendleton, Ca. He was from Riv- PFC Jesse J. Martinez, age 20, died in rine Division, Camp Pendleton, CA. erside, CA. Talafar, Iraq, when his vehicle rolled CPT Gregory A. Ratzlaff, age 36, died PFC Geoffrey Perez, age 24, was over as the driver tried to avoid an- August 3 due to a noncombat-related killed on August 15 from an explosion other vehicle. He was assigned to the incident at Forward Operating Base while conducting combat operations in Army’s 5th Battalion, 20th Infantry Duke, Iraq. He was assigned to Marine Al Anbar Province. He was assigned to Regiment, 3rd Brigade, 2nd Infantry Medium Helicopter Squadron 166, Ma- 3rd Battalion, 1st Marine Regiment, 1st Division, Fort Lewis, WA. He was from rine Aircraft Group 16, 3rd Marine Air- Marine Division, Camp Pendleton, CA. Tracy, CA. craft Wing, Marine Corps Air Station He was from Los Angeles, CA. The PRESIDING OFFICER. The Sen- Miramar, San Diego, CA. LCpl Caleb J. Powers, age 21, died ator’s time has expired. GySgt Elia P. Fontecchia, age 30, August 17 due to enemy action in Al Mrs. BOXER. Mr. President, I did not died August 4 from injuries received Anbar Province. He was assigned to 2nd have any time limit on my unanimous from enemy action in Al Anbar Prov- Battalion, 4th Marine Regiment, 1st consent request. ince. He was assigned to 3rd Battalion, Marine Division, Camp Pendleton, CA. The PRESIDING OFFICER. The re- 7th Marines, 1st Marine Division, Ma- Sgt Harvey E. Parkerson, III, age 27, quest was for 10 minutes for each of the rine Corps Air Ground Combat Center, died after sustaining a fatal gunshot three people. Twentynine Palms, CA. wound to the head while conducting Mrs. BOXER. I ask unanimous con- LCpl Joseph L. Nice, age 19, died Au- combat operations in Najaf Province. sent for enough time until I conclude gust 4 due to enemy action in Al Anbar He was assigned to Battalion Landing these names and another 10 minutes to Province. He was assigned to 3rd Bat- Team 1/4, 11th Marine Expeditionary talk about other issues. It should be talion, 7th Marines, 1st Marine Divi- Unit (Special Operations Capable), another 10 to 15 minutes. sion, Marine Corps Air Ground Combat Camp Pendleton, CA. He was from The PRESIDING OFFICER. Without Center, Twentynine Palms, CA. Yuba City, CA. objection, it is so ordered. Sgt Moses D. Rocha, age 33, died Au- PFC Nachez Washalanta, age 21, died Mrs. BOXER. If the Presiding Officer gust 5 due to injuries received from August 21 from injuries received due to could tell me when I have used 10 min- enemy action in An Najaf, Iraq. He was enemy action in Al Anbar Province. He utes. assigned to Battalion Landing Team 1/ was assigned to 1st Light Armored Re- I wish I did not have to take so much 4, 11th Marine Expeditionary Unit, connaissance Battalion, 1st Marine Di- time, Mr. President. These are 48 of our Camp Pendleton, CA. vision, Camp Pendleton, CA. best and brightest over there. Sgt Yadir G. Reynoso, age 27, died LCpl Seth Huston, age 19, died Au- LCpl Bryan P. Kelly, age 21, died August 5 due to enemy action in An gust 21 due to enemy action in Al July 16 due to injuries received from Najaf Province. He was assigned to Anbar Province. He was assigned to 2nd enemy action in Al Anbar Province. He Battalion Landing Team 1/4, 11th Ma- Battalion, 1st Marine Regiment, 1st was assigned to 1st Combat Engineer rine Expeditionary Unit, Camp Pen- Marine Division, Camp Pendleton, CA. Battalion, 1st Marine Division, Camp dleton, CA. Sgt Jason Cook, age 25, died August Pendleton, CA. LCpl Larry L. Wells, age 22, died Au- 21 from injuries received due to enemy SSgt Michael J. Clark, age 29, died gust 6 due to enemy action in An Najaf, action in Al Anbar Province. He was July 20 due to combat action in Al Iraq. He was assigned to Battalion assigned to 1st Light Armored Recon- Anbar Province. He was assigned to Landing Team 1/4, 11th Marine Expedi- naissance Battalion, 1st Marine Divi- Combat Service Support Battalion 1, tionary Unit, Camp Pendleton, CA. sion, Camp Pendleton, CA. Group 11, 1st Force Service Support Cpl Roberto Abad, age 22, died Au- Cpl Nicanor Alvarez, age 22, died Au- Group, Camp Pendleton, CA. gust 6 after being struck by an explod- gust 21 from injuries received due to

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8824 CONGRESSIONAL RECORD — SENATE September 7, 2004 enemy action in Al Anbar Province. He died in Iraq from the beginning of the see them when they come home. We do was assigned to 1st Combat Engineer war. I have paid tribute to them if they not hear about them and the ones who Battalion, 1st Marine Division, Camp were born and raised in California or if are wounded. I say to my friend, and he Pendleton, CA. He was from San they were assigned to a California base. may not be aware of this, one more sol- Bernardino, CA. I have read into the RECORD and paid dier and we are going to see a thousand GySgt Edward T. Reeder, age 32, died tribute now to 254 soldiers. It takes a dead. It is 999 today. August 21 in a noncombat-related vehi- lot of time, but this time is nothing Mr. REID. I did not realize that. The cle incident in Al Anbar Province. He compared to a lifetime of grieving, last number I saw was about 978. was assigned to Headquarters and Serv- tears, and pain these relatives are Mrs. BOXER. Right, 999. Now is the ice Battalion, 1st Force Service Sup- going through, not only from my State time, if ever there were a time, to report Group, Camp Pendleton, CA. but all over the country. flect on this policy. Now, President LCpl Jacob R. Lugo, age 21, died Au- Mr. REID. Will the Senator yield? Bush says we are not turning back. One gust 24 as a result of enemy action in Mrs. BOXER. I will. has to ask themselves: What does that Al Anbar Province. He was assigned to Mr. REID. I express my appreciation mean? We are not turning back from 3rd Battalion, 7th Marine Regiment, to the Senator from California for her what? We are not turning back from a 1st Marine Division, Marine Corps Air diligence in coming to the Senate floor war without a plan? Ground Combat Center, Twentynine and spreading on the RECORD the Well, I hope we will get a plan. We Palms, CA. names of these soldiers who were killed need a plan. Just as we had a military LCpl Alexander S. Arrendondo, age in Iraq. As the Senator knows, about 25 plan, we need a plan. Things are at a 20, died August 25 as a result of enemy percent of all the deaths in Iraq are restate now where I have to come and action in An Najaf. He was assigned to lated to the State of California. take the time to do this. There is dis- Battalion Landing Team 1/4, 11th Ma- Mrs. BOXER. Yes. content on the other side. It takes a rine Expeditionary Unit (Special Oper- Mr. REID. We are within a score of long time to read 48 new names of Cali- ations Capable), Camp Pendleton, CA. having a thousand deaths in Iraq. I say fornians. Is that not the least we can PFC Nicholas M. Skinner, age 20, to my friend from California, I appre- do? I have talked about what the po- died August 26 from injuries received ciate it so much because I have been on tential of each of them was. These are due to enemy action in An Najaf, Iraq. the Senate floor where I have lamented the sons and daughters of our people. He was assigned to Battalion Landing the fact and have referred to major Mr. REID. Would the Senator yield? Team 1/4, 11th Marine Expeditionary newspapers around the country where Mrs. BOXER. Yes. Unit (Special Operations Capable), the deaths of our servicemen have been Mr. REID. We are focused today, and Camp Pendleton, CA. certainly I support the Senator in SPC Omead H. Razani, age 19, died relegated to page 14 and page 7 of news- doing so, on the soldiers who are dead. August 27 in Habbaniyah, Iraq, of non- papers around the country. Each one of As the Senator indicated, it is now 999. combat-related injuries. He was as- these 254 deaths involves the sons, The one thing we do not focus on is signed to the 1st Battalion, 506th Infan- daughters, husbands, wives, mothers, this war is different than any war we try Regiment, 2nd Brigade, 2nd Infan- fathers, cousins, and neighbors, people have ever had. The ratio of deaths to try Division, Camp Greaves, Korea. He who will long remember those who died casualties is much different. The cas- was from Los Angeles, CA. in service to their country. LCpl Nickalous Aldrich, age 21, died We cannot take for granted what is ualties in this war—those people being August 27 from a nonhostile vehicle ac- happening in Iraq. wounded—are very severe although cident in Al Anbar Province. He was Mrs. BOXER. Mr. President, how they have the use of body armor and assigned to 2nd Battalion, 4th Marine much time remains on my time? other protections included in most of Regiment, 1st Marine Regiment, Camp The PRESIDING OFFICER. The Sen- the vehicles. We have many severe Pendleton, CA. ator wanted to be notified when she burns, people being blinded, paralyzed, Sgt Edgar Lopez, age 27, died August used another 10 minutes. losing limbs. These are people who are 28 due to enemy action in Babil Prov- Mrs. BOXER. I ask unanimous con- nameless, hundreds and hundreds, into ince, Iraq. He was assigned to 1st Bat- sent for an additional 5 minutes after the thousands now, of people who have talion, 2nd Marine Regiment, 24th Ma- my additional 5, so it would be an addi- been severely wounded, not wounded rine Expeditionary Unit, Camp Lejune, tional 10. but severely wounded. I wish there NC. He was from Los Angeles, CA. The PRESIDING OFFICER. Is there were some way we could recognize the CPT Alan Rowe, age 35, died Sep- objection? suffering that is going on. tember 3 due to enemy action in Al Without objection, it is so ordered. Mrs. BOXER. I say to my friend, Anbar Province. He was assigned to 1st Mr. REID. I simply want to say that when I opened up my remarks, I stated Battalion, 7th Marine Regiment, 1st it is important to me to do what we that 6,916 Americans have been injured Marine Division, Marine Corps Air can to recognize what is going on in in Iraq. My friend is right, it is an Ground Combat Center, Twentynine Iraq. It is a situation that is extremely enormous number. According to a re- Palms, CA. difficult and desperate. It appears now port in the L.A. Times, 57 percent have LCpl Nicholas Perez, age 19, died Sep- that we have not solved the Sadr prob- been injured so severely that they are tember 3 due to enemy action in Al lem. We have moved from Najaf to unable to return to duty. These are Anbar Province. He was assigned to 3rd where we lost 7 Marines last night in very severe injuries. Battalion, 7th Marine Regiment, 1st Sadr City where he now resides, with My point is, is this the time, then, to Marine Division, Marine Corps Air more than 2 million people residing in have a budget that the President—we Ground Combat Center, Twentynine that city. found out about it because The Wash- Palms, CA. So I again want the record to reflect ington Post got a copy—cuts VA by 1LT Ronald Winchester, age 25, died my appreciation to the Senator from $910 million? There are these many September 3 due to enemy action in Al California for giving recognition to Americans, and God knows what the Anbar Province. He was assigned to 1st these gallant servicemen who have lost total will be by the end of the month. Battalion, 7th Marine Regiment, 1st their lives in Iraq. I wish she would ‘‘We are not turning back.’’ The Marine Division, Air Ground Combat continue to do so. At the very least, President says that over and over Center, Twentynine Palms, CA. the relatives and friends of these gal- again. ‘‘We are staying the course.’’ LCpl Nicholas Wilt, age 23, died Sep- lant soldiers should have their names Well, why do we not look at this tember 3 due to enemy action in Al recognized. They deserve more than course? Why do we not look at these Anbar Province. He was assigned to 1st that, but certainly that is a step in the policies? Why do we not see if there are Battalion, 7th Marine Regiment, 1st right direction. ways to better handle this, to inter- Marine Division, Marine Corps Ground Mrs. BOXER. If I could respond to nationalize this, to take the burden off Combat Center, Twentynine Palms, my friend, and also say to my friend of the backs of our young people, as CA. from Iowa, I have found there is so lit- Senator KERRY has said? Where is the As my colleagues know, I have paid tle focus on these young men and plan? tribute to every Californian who has women who are sacrificing. We do not I yield to my friend.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8825 Mr. HARKIN. I ask the Senator to worked on a Medicare bill that has a citizens not have to choose between yield. I thank the Senator for her very $14 billion slush fund to the HMOs, to medicine and food. This is wrong. perceptive and very sensitive approach ‘‘convince them,’’ to convince them to So, hopefully, we will see some on this issue of what is happening with take Medicare patients. That is $14 bil- changes in this country. I think you our troops in Iraq. The Senator from lion. and I agree they are sorely needed. I Nevada is absolutely right about this, What else? Medicare is prohibited yield the floor. that this war is different than any we from negotiating for lower drug prices. The PRESIDING OFFICER. The Sen- have ever had. I suppose the good news I say to my friend, if you walked down ator from Iowa is recognized for 20 is we are saving a lot more lives than the street in Des Moines or anywhere minutes. we have ever in the past. We are there in your State, and you went up to Mr. HARKIN. I thank the Senator with our medical equipment, as the someone and said: Guess what. The from California for her very clear pres- Senator said, as well as because of body Government is telling you you can’t entation today. What is happening to armor and a lot of other things. But shop around for the best price. If you make America weaker? We are getting what we are also experiencing, as the want to go around and buy a bike for weaker all the time. As the Senator Senator from California pointed out, is your kid, you have to go to Mike’s bike from California pointed out, we are a higher level of individuals with se- shop, not Ray’s bike shop or Barbara’s getting weaker because our seniors vere injuries, injuries that not only bike shop. now are denied the medical care they won’t allow them to return to active Your constituents would say: Sen- need and ought to have. We are getting duty but will mean they are going to ator, if that is the kind of Government weaker because our deficits are going carry their burdens the rest of their I have, hey, this is not the country I up at an alarming rate. We are getting natural lives, for them and their fami- know it is. weaker because we are getting sucked lies. Yet and still, this administration, further and further into the quagmire What is unanswered, among all the backed by the majority party, tied of Iraq with no end in sight. We are other things that are unanswered—how Medicare’s hands. Now our people are getting weaker in this country because we are going to get out of Iraq, how we paying through the nose and they are the middle class is getting squeezed. are going to protect our troops better, frightened. The wealthy are getting the tax how we are going to get other coun- I have been home for the last 2 breaks. tries to come in, how we are going to months, and my senior citizens—first I am beginning to think that George pay for it, endless questions—the one of all, they say this is the worst pre- W. Bush stands for George Weaker nagging question, which I believe the scription drug benefit they ever saw. Bush. Weakening America, that is Senator from California has just put They don’t understand it. The only what is happening in this country. We her finger on, is: Will we, will this ad- time they can take advantage of it is if are weaker than what we were. ministration, and will this Congress they fit a certain profile. Most of them I thank the Senator from California commit itself to ensuring that these don’t even want it. Now they have to for her very perceptive analysis and for young men and women who have been pay for something they didn’t want be- her continued progressive views on so severely injured will have the sup- cause it is built into these premiums. turning our country in the correct di- porting mechanisms, the educational That is what the administration says. rection. benefits, the kind of things that are They are giving you a great new ben- I like the expression, what the Sen- needed so they can live a full, rich, pro- efit. Now you pay for it. And they are ator from California said about Presi- ductive life here in America? That has paying for a slush fund for the HMOs. dent Bush, saying he wants to stay the never been committed to by this ad- Here is the deal. This President says course or don’t turn back. Don’t turn ministration. we are not going back; we are not back. When the President says he wants to changing course. All well and good if Mrs. BOXER. Right. stay the course, is that one course on the course is working. But when it is Mr. HARKIN. It seems to me, if you which he wants to stay, I ask my not working, when we are paying the are on a highway in a car, and you are friends, that we will not commit our- cost of Iraq, 90 percent of it both in the headed towards a cliff and there is a selves to making sure these brave injuries and in the pocketbook, and we bend in the road that you can take and young men and women are taken care are spending now in excess of $200 bil- it will save you, what sense does it of, that all their medical needs are lion over there and the deficits are— make to keep going straight off the met, but more important that they are what are they now, $400 billion plus? cliff? able to lead full, productive lives here The highest ever in the history of our Mrs. BOXER. Good one. in America? Mr. HARKIN. That seems to me what Mrs. BOXER. Absolutely. The sad country? Stay the course? Don’t turn the President is saying: Stay in the car truth is we got a copy of their budget. back from debts that are falling on our Mr. HARKIN. That is right. people? Don’t turn back from Medicare with me. I do not change course. Mrs. BOXER. President Bush, this is premium increases? We are already kind of over the cliff. going to be an issue. People are going I ask for 1 additional minute. We are going to go down it. to take a look at this. It is one thing to The PRESIDING OFFICER. Is there We could make some changes in our send our troops to war; it is another objection? Without objection, it is so economic policy, our fiscal policy. Cer- thing to not be there with what they ordered. One additional minute. tainly, we can make changes in our for- need when they come back. And we are Mrs. BOXER. So it is one thing to eign policy, in our policy in Iraq, to going to make that an issue. stand in front of a microphone and say turn this country so we do not con- There is one other thing we need to don’t turn back, if you have policies tinue to go off the cliff. make an issue because there are some that are working. But when you have I guess the President says that he things going on in this country that policies that are costing us lives in knows where he is going. There is one are on the wrong track. I know my Iraq, 90 percent of the casualties, 90 thing about being resolute in one’s de- friend agrees with this. The seniors in percent of the cost, and then you turn termination to do certain things. But this country just got hit with a 17.4- your back on our allies? When the there comes a point where you are percent increase in their Medicare pre- President landed on that ‘‘mission ac- stubborn in the face of facts and re- miums. I say to my friend from Iowa, complished’’ carrier, our allies begged ality. I am afraid this President does who is a champion not only of veterans to help us in Iraq. Oh, no, we weren’t not realize the difference between but of seniors and children and edu- going to share the spoils of this with being resolute and carrying out poli- cation and all these other issues, how them. The rebuilding was just going to cies, and being stubborn when those are our elderly going to handle this? Halliburton folks. policies are hurting America and mak- This is the largest single premium in- That is the price our people are paying us weaker. crease in nearly 40 years of history ing. I love them dearly and I want to I want to change the focus of the dis- with Medicare. see them come back home and be re- cussion. I want to talk about the econ- My friend and I know why. The No. 1 lieved by people from all over the omy. This morning the Congressional reason is this: This administration world. And I want to see our senior Budget Office announced it now

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8826 CONGRESSIONAL RECORD — SENATE September 7, 2004 projects this year’s budget deficit will lion in the last 4 years. The policies of American people to help fight our wars rise to $422 billion, an all-time high. this administration have weakened our by paying increased taxes. Now tax Actually, if you look at this chart, if economy. They have depleted our Fed- cuts for the wealthy, birth tax on the you look at the red, that is the budget eral Treasury. They have made Amer- kids of middle-income taxpayers, more deficit of $422 billion for 2004. But if ica a weaker country. costs for medical health for the elder- you exclude Social Security surplus, Now look at taxes. A new study by ly, and the deficit continues to go up. the budget deficit is really $574 billion. the Congressional Budget Office tells As I said, this year it is really $577 Bear in mind, this comes from a us the real story. The share of taxes billion, not $422 billion—$577 billion. President who originally pledged he borne by those making more than $1 That is because you have to count the would not run deficits and he would million a year was reduced by 10 per- Social Security surplus. protect Social Security surpluses. Talk cent thanks to the tax cuts of this ad- The President says stay the course, about flip-flopping, this is the flip-flop ministration. But the share of taxes don’t turn back. For 4 years this Presi- of all time. borne by the middle-income taxpayers dent and his team have pursued poli- Now we see these deficits are not actually increased by almost 5 percent. cies that have led to deficits, debt, only huge but they are going to con- Meanwhile, interest on the public debt drift, and decline. He is leaving a dra- tinue as far as the eye can see. It is because of these huge deficits will matic and weakened economy and shocking when we look at where we nearly double in the next 4 years. By Treasury to his successor and to the were 4 years ago when we had an all- 2009, every year we will be paying $1,000 next generation. time-high budget surplus and we could in interest for every man, woman, and We have to do better. We can do bet- see these surpluses continuing on child in America. That is $4,000 for a ter. The answer is not to stay with the through this decade when we were family of four. It is making our future driver of the car who is going to drive strong in the world, when we had other weaker. you over the cliff because he is too countries supporting us, and now to see We hear a lot of talk from this ad- stubborn to recognize what is weak- where we have come in 4 short years. ministration about doing away with ening America. The answer is to mod- Right now our operating budget def- the so-called death tax, the tax on ac- ify our policies, change our course to icit, without counting the Social Secu- cumulated wealth—so-called estate build a brighter and a stronger and bet- rity surplus, is about 5 percent of the taxes—the idea being that we don’t end ter America for our children and grand- gross domestic product. up with those with billions of dollars children. Vice President CHENEY fa- Last year the President’s Council of being able to pass it all on while aver- mously asserted that ‘‘deficits don’t Economic Advisers predicted normal age Americans have to face more and matter.’’ I couldn’t disagree more. So job growth would be 228,000 jobs a more debt. The Bush administration do all mainstream economists. The month, about the average level during truth is deficits do matter and they says they want to get rid of the estate the Clinton administration. The Coun- matter profoundly. Chronic, long-term tax. cil of Economic Advisers said the job What about the birth tax? What deficits that we now see mean the Fed- growth would be even more if we about the tax this administration is eral Government must accumulate passed the 2003 tax bill which was done. leveling on every child who is going to huge and growing debt held in bonds. It said we would create 305,000 jobs a be born in America in the future? That means the Government is com- month. Unfortunately, over the past 3 Every child born in the United States peting with limited dollars and crowd- months job creation has been about ing out other borrowers. This puts henceforth will have $1,000 taxes put on one-third that rate. A million jobs have other pressure on interest rates. That his or her head as soon as they are been lost since Mr. Bush took office. is bad for job creation. It seems to me the appropriate ques- born. No one is talking about the birth Second, as the Government’s debt in- tion to ask is are we better off today tax. We ought to be talking about that creases, it is harder to find resources to than we were 4 years ago as a nation? rather than trying to have the wealthy make investments here at home in our Again, look back. It seems almost like pay a little bit more fair share of their roads and our bridges, our schools and a distant utopia when I read the fig- taxes in this country. educational systems. That means a less Again, because of the interest on the ures. We were the envy of the world in efficient transportation system and as national debt, a family of four, as I 2000, with 23 million new jobs created less skilled workforce. That is bad for and the largest budget surplus in U.S. said, will be paying $4,000 a year. Guess business. history—$236 billion in 1 year. But now, what? That is one tax that cannot be Third, as we are already seeing, a far 4 years later, we are weaker in almost cut. Who is going to be paying it? Mid- larger share of our Government’s bonds every respect in this country. dle-income taxpayers, $4,000 a year. are being bought up by foreign govern- Data released by the Census Bureau That is a new birth tax on every child ments. Japan, China, and South Korea paints a very disturbing picture. Since born in America. But no, we do not have particularly heavy purchases of Mr. Bush took office, real median hear the administration talking about our bonds. household income has fallen by $1,535. that. Should that be a worry? It means During the Clinton administration the The real reason the economy is so their future decisions can have a major real median household income went up weak is that for 4 years the Bush ad- impact on our economy. In the long $5,489. Look at the difference. Median ministration has been preaching fiscal term, sooner or later we have to expect income up under the Clinton adminis- conservatism, but has been practicing the dollar to fall dramatically if our tration, median income down $1,535 a a reckless ‘‘damn the torpedoes’’ brand policies don’t change. That will hurt year under the Bush administration. of fiscal radicalism. We have had a rad- our economy by driving up inflation as Then look at poverty. The number of ical fiscal policy over the last 4 years. we pay more for the imports that come Americans living in poverty has risen The Bush team sees cutting taxes as into our country. by 4.3 million under President Bush the be-all and end-all of their political Lastly, as I have said before and I through 2003. During the Clinton ad- existence. For them, cutting taxes is will keep repeating it, it is especially ministration, 6.4 million Americans not an economic plan; it is not even an troubling for the young people in were lifted out of poverty. In 4 years of ideology. It is a theology of one size America for them and their future; for Bush, 4.28 million have been driven fits all. If the economy is weak, you our obligations that we have to meet into poverty. cut taxes. If the economy is strong, the obligations of the baby boomers Is that progress? We should stay the you cut taxes. If there is a surplus, you who will soon retire and make sure we course? We should not turn back? I cut taxes. If there are huge deficits, keep our commitment to them to meet would love to turn back to the eco- you cut taxes. You have a war on ter- their health needs and to make sure nomic policies of the Clinton years. No. rorism, cut taxes. Social Security is sound. This President says no, stay the How many Americans realize that We do not make Social Security course. the wars in Afghanistan and Iraq are sound by driving us further and further In every single way we are weaker. the first wars in American history to into debt. We do not solve the problem The number of Americans without be paid for and financed by tax cuts? In by privatizing Social Security. We al- health insurance has gone up 5.2 mil- the past, we have always asked the ready see in the private sector more

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8827 and more retirement plans under fire. back on a fiscally sound basis in this they are stalemated. The reason they United Airlines and others. Now they country or else this country is going to are stalemated is because they need an want to take Social Security and put it be facing even larger deficits, bigger energy policy. They need the Energy out there on the stock market, too. debts, more foreign countries buying bill that is sitting up at that desk. It Lastly, our incomes are down in more bonds. As the old saying goes, he has production credits that existed be- America. We know that. What is the who pays the piper calls the tune. I am fore for all the renewables, for clean answer of this President? Cut overtime. afraid a country that owns all of our coal and its development. All of those A couple weeks ago the President put debt will call our tune and that will be are in this bill. The Energy bill is up into effect administration rules that the ultimate weakness for America. there at the desk. will take away overtime pay protection I yield the floor. Rising oil prices and the fact we have for over 6 million Americans. Before The PRESIDING OFFICER (Mr. COR- no energy policy is dangerous for our that rule was promulgated by the ad- NYN). The Senator from Arizona. national security, for our environment, ministration, they never had one pub- Mr. MCCAIN. Mr. President, thank for jobs, and for the personal pros- lic hearing. you. perity of our people and our consumers. Thanks to the Senator from Pennsyl- (The remarks of Mr. MCCAIN, Mr. Around the world, we are seeing in- vania, we did have a couple of hear- SPECTER, Mr. LIEBERMAN, and Mr. BAYH creased demands for energy, increas- ings—two or three—in the Senate, but pertaining to the introduction of S. ingly thin reserves of fossil fuels, and that was after the horse was out of the 2774 are located in today’s RECORD increased instability of oil-producing barn. At least we had the hearings. under ‘‘Statements on Introduced Bills countries. Demand for oil is growing. Every time we had the hearings, it be- and Joint Resolutions.’’) The price goes up and down, not so came clear the overtime rules were Mr. DOMENICI. Mr. President, I ask much because of supply but because going to hurt working Americans; that unanimous consent that the order for there is no assurance of supply—inter- they were not going to clear up, as the quorum call be rescinded. ruptions, revolutions—and so America they said, ambiguous rules that al- The PRESIDING OFFICER (Mr. sits by and we look at it all, and I ready existed; that, in fact, this was an BURNS). Without objection, it is so or- guess we would all like to say some- assault on overtime. It was a way of al- dered. body else is to blame. lowing employers the ability to rede- Mr. DOMENICI. Parliamentary in- I hear in the campaign that nobody fine what you do as a worker, to reclas- quiry: Are we still in morning busi- wants to talk too much about energy. sify you, have you work over 40 hours ness? One of the candidates said we have to a week, and not have to pay you over- The PRESIDING OFFICER. That is stop being dependent on foreign oil. I time. That is what is happening. correct. am not standing here saying that En- Lastly, the income tax of this coun- Mr. DOMENICI. Is it appropriate for ergy bill at the desk does that because try is moving away from being an in- the Senator from New Mexico to ask to we are already 60—and going up—per- come tax. It is under this Administra- speak at this time? cent dependent, and I defy anybody to tion becoming a wage tax. If you work The PRESIDING OFFICER. It is. have a plan to get rid of that. I guess and you make wages, you get taxed. Mr. DOMENICI. Mr. President, I ask if you want to order Americans to get However, if you have investment in- unanimous consent that I be permitted rid of all their cars and buy little ones come, dividend income, and a bunch of to speak for 10 minutes. that get 100 miles to a gallon or 60, you other things such as that, well, under The PRESIDING OFFICER. Without might do something. But nobody will the President’s plans, you will not have objection, it is so ordered. vote for that. to worry too much about paying taxes Is my time running out? anymore. f The PRESIDING OFFICER. The Sen- So what we will have in America is a ENERGY POLICY ator has 7 minutes. work tax. If you work for a living and Mr. DOMENICI. Mr. President, across Mr. DOMENICI. I thank the Chair. make a wage, you will pay taxes. You this land, our people are driving up to So here is what we have to do. We pay the full brunt of taxes. But if you the gasoline pumps, and they are fill- have to look at ourselves and say: are a very high income person, and ing their tank. In the last 6 or 8 What can we do to produce all kinds of most of your income is off of dividends, months, every time they filled up their new alternative fuels that will give us your taxes have already been sharply tank, the amount went up, up, and up. a chance to prove to the world that we reduced and if the President’s wishes It peaked for a while, but still, in some are not going to sit by and do nothing? come to pass, you do not pay much in parts of America, it is $2 a gallon, $1.90, We are going to say we are going to do taxes. We are robbing our kids. We are hurt- $1.96. something big about natural gas. This ing our elderly. We are making Amer- Everybody understands that America bill says some of the available outer ica weaker and weaker as every day, has no energy policy. A few months continental gas, which is not environ- every week goes by in this crazy eco- ago, we had a blackout—remember—in mentally precluded, can be gotten. We nomic policy of this administration. I the northeastern part of America, are going to say there is a huge supply cannot think of any other word for it something a country such as ours from Alaska. Not the one everybody other than to say it is beyond the pale. should not have unless somebody in- objects to. I should not say everyone. I don’t mind an administration that tentionally and physically destroyed Some do, but I don’t. But other natural takes a chance, that has maybe a new power lines or big connectors. But it gas can be brought to the central part economic theory to test. OK, fine. But happened because of overload, and it of America, to Chicago, and in a few when it proves, year after year after happened because we do not have an years it will provide another great year that it does not work, why keep energy policy. source. doing it? Natural gas, our most plentiful fuel We have language in this bill that Someone once defined insanity as and the one that is best for America’s will stabilize electricity, in terms of doing the same thing over and over future, we thought we had enough for regions. It will put in some standards. again and expecting a different result. anything forever and ever. It turns out Yes, from everything we understand, it Why do we keep trying the same eco- that unless we do something to in- has a real chance of doing two things: nomic policy year after year after crease our supply, it, too, is going to be encouraging investment in electricity, year? We see the same results: higher in short supply. As a matter of fact, as which we need desperately; second, see- unemployment, less family income, tough as it is to admit this, unless we ing that we do not have any blackouts more people in poverty, higher deficits, bring some huge new natural gas sup- in the future. higher debt. Yet the President says: plies on in America, this great land Frankly, for the past 21 months—not Keep me as your driver, stay in the car, will go from dependence on crude oil to alone but with other people—we have as we continue to make America weak- another state of dependence: depend- worked to develop a consensus on an er and drive over a cliff. ence on foreign sources for natural gas. energy bill. The other side, the Demo- It is time to change course in this We have solar. We have all the renew- crats, have insisted, because they fili- country. It is time to put our country ables. And at this time in our history, bustered the Energy bill, that we get 60

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8828 CONGRESSIONAL RECORD — SENATE September 7, 2004 votes. Actually, the bill at the desk has agreeable, reasonable number of some $422 billion. That is nearly $50 bil- been recrafted, so it seems to us it amendments—I suggest anything rea- lion more than last year, and it should should get 60 votes. sonable. Come down here and say 10 alarm every Member of this body and It is not so good that we have to get amendments on each side and then certainly every Member of the Con- 60. Americans used to think that 51 vote. I would like to try that. I will bet gress. We are headed in a direction that votes would win, right? They look at there are some on the other side who is utterly unsustainable. television and they say: What do you would object. When the President was asked about mean you lost that bill? You got 58 Why would they object? Is not 10 this in a recent interview on NBC, the votes. amendments enough for anybody to get questioner said this to him: If we are filibustering, we need 60. We their ideas to change this bill consid- Let me ask you about deficits. This year, took out the portion of this bill that ered and get on with voting on it? I $445 billion, ballpark. Do you think that’s was most objectionable, and it is not in think it is. But let’s hear something pretty good? there anymore. I am not going into de- positive. I hope we can try that. Then The President said: tail about it. Everybody in here knows at least Americans will know we tried. Yes. I do. I do. it has to do with a piece of legislation Americans will know, as we said, we When you are running the worst defi- that was in the original bill that held need a policy to move forward. cits in the history of the country, to certain companies harmless from a fuel Energy is a complex and multi- think that is good news I find unusual. additive that was prescribed, mandated faceted problem. To approach it as a This is not good news. It reminds me a by the Federal Government, and OK’d single-issue problem is very small little of the captain of the Titanic when by the Federal Government. Then when thinking and not the best way to move the ship is going down saying: Well, it got out in the field, if people caused this country forward. The Energy bill there is good news here because the it to leak or dropped it on the ground, is about big thinking, forward-looking ship is not sinking as fast as I thought it caused damage. So people want to principles that would guide us to better it would. make the companies that did it liable. technologies, more secure energy, more We can’t continue with deficits of In this body we don’t want to say to secure resources that deal with energy this magnitude. This President ran on those companies, ‘‘You are OK.’’ So we and the safest operation of our energy the promise that he was going to be fis- took that out. It is not in there. assets. I suggest the Energy bill is a cally responsible. But look at his The House of Representatives has good place to start, and we ought to record compared to the previous three done their thing. After we passed the start soon. There is no other way. Presidents: President Reagan ran a bill big in conference, within 48 hours I know my time is quickly running large deficit; President Bush 1 ran they passed it. It came here. We got 48 out, but I want to close by saying to large deficits—in fact, the largest def- votes. As everyone knows, we had to the Democrats, to the Senator from icit in history in his final year; under try to fix it. We did. The Senator occu- New Mexico, Mr. BINGAMAN: Why don’t President Clinton, we had deficit im- pying the chair helped. He did a yeo- you let us vote? There are many Farm provement each and every year. We man’s job helping us, as did many Belt Senators. You would think they climbed up out of the red ink, and for other Senators. We tried to bring it up. would be for this bill. They should be. several years—in fact, 4 years—we were Senators said: We will filibuster again. I spoke of ethanol. It is in here. Some deficit free. Now President Bush took If we don’t filibuster, we have scores of people don’t like it, but at least it is a over, and each and every year the defi- amendments to add to it. product. It is energy that is produced cits have gotten worse. In fact, we can Let me tell you, the Energy bill here. It is renewable to a great extent, all recall that he inherited a substan- could do the following. Anybody who is and the farmers of America would very tial budget surplus—$127 billion. Then interested in jobs ought to be for it. It much have another serious crop. each and every year the deficits have would create more than 800,000 jobs. It Add it all together, I can’t under- gotten much worse. would revitalize rural America by en- stand why those on the other side, the One of the things that is most alarm- couraging renewable fuels such as eth- Democrats, would like to kill it. At ing and ought to concern people the anol. It would increase the production least during this week, next week, and most is that the amount of deficit this of renewables of every kind—wind, the week after, those concerned about year—$422 billion—is not the amount solar, geothermal, and the like. It renewables—clean coal, natural gas— by which the debt will increase. I think would build an Alaskan natural gas everything I have spoken about today, there is a lot of confusion. pipeline, encourage production of do- they are going to know it wasn’t the I taught economics classes at the mestic natural gas besides Alaska, and Republicans, it wasn’t the President. It universities in my State during the domestic oil. is those on that side of the aisle who do break. I find there is a lot of confusion I am not overstating the oil. We can’t not want to let us do anything. between the deficit and the debt. The produce ourselves out of dependence, Mr. President, I hope I am wrong. I deficit, of course, is the annual dif- but we can produce more than we are hope after all these months we will see ference between what we raise and producing. something positive happen. If not, we what we spend. That is the annual dif- It can strengthen the future of the will keep insisting that we ought to ference. The debt is the accumulation nuclear energy option, promote clean vote and get something done. of all the deficits over time. But it is coal technology, promote hydrogen— I yield the floor. I suggest the ab- also true that the deficits printed in which the President said we start with sence of a quorum. the newspapers badly understate how a $5 billion program because hydrogen The PRESIDING OFFICER. The much the debt is increased. The biggest may indeed be the fuel of the future; clerk will call the roll. reason for that is they leave Social Se- promote energy efficiency, increase our The legislative clerk proceeded to curity in the calculation. Of course, research and development in various call the roll. Social Security is supposed to be sepa- technologies. Mr. CONRAD. Mr. President, I ask rate, it is supposed to be apart, and On electricity, I have stated it in unanimous consent that the order for even by law Social Security is supposed generalities, but let me be very precise. the quorum call be dispensed with. to be separate. But that is not the way It establishes mandatory reliability The PRESIDING OFFICER (Mr. we have it treated in the newspaper. rules for the electricity grid and pro- CHAFEE). Without objection, it is so or- They put everything into one pot. motes investment and expansion of the dered. When you do that, you hide the fact electricity grid. f that they are going to borrow this year We have labored for years. There has nearly $150 billion from Social Secu- not been an energy bill in 12 years. I THE DEFICIT rity. That gets added onto the debt, but don’t know how comprehensive it was, Mr. CONRAD. Mr. President, the new it doesn’t count as deficit. but it was hard to get done, and it did deficit numbers came out today from It is kind of a bizarre way we do ac- a lot of things. Now we have many the Congressional Budget Office. They counting here in Washington. There is sound concepts in this bill. If we can show that we will now run the largest no other institution in the country reach agreement to limit debate to an deficit in the history of the country— that would be able to do what we do

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8829 here—take retirement funds of employ- deficits that are mushrooming as we us a very clear signal. We have the big- ees and use it to pay the operating ex- look ahead to future years under the gest deficit this year we have ever seen penses of the Federal Government—but President’s plan, because the President in the country’s history. And we can that is what we are doing under the says spend more on defense, spend see for the future, if the President’s President’s plan. That is what we will more on homeland security, both of plan is followed, these deficits can only do every year for the next 10 years which, undoubtedly, are necessary, but grow as the baby boomers retire. under the President’s plan. In fact, we he couples with that massive addi- This President may have left town by will not just borrow $149 billion from tional tax cuts when we already have that time. But the rest of us who are Social Security; over the next 10 years record deficits. How is it possible for here—maybe some of us will be gone, under the President’s plan, $2.4 trillion any of this to add up? It does not add as well—but those who are here are will be borrowed from Social Security up, and it threatens fiscally our long- going to inherit an extraordinary prob- with no plan to pay it back. term economic security. lem. It is our obligation now to begin If you look at just this year, the offi- The Navy is planning to buy fewer to address it. That is the right thing to cial deficit now they are estimating at ships. That is only the Navy. We will do for the country. It is the honorable $422 billion, but what will be added to find the Air Force will be under pres- thing to inform the country of how big the debt will be well over $630 billion. I sure, the Army will be under pressure. this challenge is, how deep this deficit hope someone is listening out there. In fact, every element of Federal oper- chasm has become, and how threat- The debt of the United States in 1 year ations will be under pressure because ening it is for our future economic se- is going to increase by over $630 billion, fundamentally we cannot be strong if curity. $422 billion of deficits plus $149 billion we are financially weak. I yield the floor and suggest the ab- borrowed from the Social Security This country now is running such sence of a quorum. trust fund, every penny of which has to massive deficits and adding such enor- The PRESIDING OFFICER. The be paid back. mous sums to the debt—the biggest clerk will call the roll. The President has no plan to do it. numbers we have ever seen in the his- The assistant legislative clerk pro- On top of that, another $60 billion tory of the country—that it fundamen- ceeded to call the roll. from other trust funds the President is tally threatens the long-term economic Mr. LIEBERMAN. Mr. President, I borrowing. That is not the only place security of this country. ask unanimous consent that the order the President is borrowing. He has bor- I submit to my colleagues and the for the quorum call be rescinded. rowed over $600 billion from Japan, American people that the President The PRESIDING OFFICER. Without over $150 billion from China. He has has us on the wrong course. It is time objection, it is so ordered. even borrowed tens of billions of dol- for everyone, on a bipartisan basis, to Mr. LIEBERMAN. Mr. President, I lars from South Korea. get together, to come up with a plan to ask unanimous consent that I be al- This is a course that is utterly get us back on fiscal track, a fiscal lowed to proceed as in morning busi- unsustainable. If we look to the future, the Presi- track that will ultimately lead to bal- ness. The PRESIDING OFFICER. Without dent is telling the American people he anced budgets. There is no time to has a plan to cut the deficit in half spare because the baby boom genera- objection, it is so ordered. over the next 5 years. My advice to the tion will start to retire in 2008. It is f hard to believe, but those baby American people is, do not believe it, 25TH ANNIVERSARY OF ESPN boomers who were born after World because it will not happen. The only Mr. LIEBERMAN. Mr. President, I way the President comes up with that War II are getting ready to retire. They have the high honor and great personal calculation is he leaves big chunks of will dramatically increase the number privilege of coming to the Chamber spending out of the calculation. He of people eligible for Social Security this afternoon to extend my congratu- leaves out the war cost beyond another and Medicare. That is one reason lations to everyone at ESPN. All of us $25 billion. We all know it will be much Chairman Greenspan has urged us to who are ESPN sports fans and viewers more than that. On top of that, he cut Social Security and Medicare. and those at the network itself are leaves out the necessity of fixing the Is that the course we want to go celebrating 25 years of excellence by alternate minimum tax which right down? That is where the President’s this remarkable group of people in now affects 3 million people. By 2010, budget plan is taking us. He has run up sports broadcasting. the Congressional Budget Office says it the biggest deficits in the history of As a sports fan and a Senator from will affect 30 million people. Boy, are the country and there is no end in Connecticut, I speak as one who is very they in for a big surprise. They thought sight. All of this at the worst possible they would get a tax cut, but they have time, right before the baby boomers re- proud that this American dream has coming at them a big tax increase. It tire. What are the results? What are occurred in our State, located in Bris- costs over $600 billion to fix it. The the implications of this plan and pol- tol, CT, and a tremendous citizen of President does not have any money in icy? the State which brought almost 3,000 his budget beyond next year to deal In the warning of Chairman Green- jobs to Connecticut. We are very proud with it. span we see the implication that the in a very direct sense and very grateful If we put back in all these things the natural conclusion, the natural result to ESPN for all they contribute to Con- President is leaving out, here is what of the President’s policies is to force necticut. we see is the long-term outlook for the cuts in Social Security and Medicare I must say, when I have been trav- deficit. We do not see it being cut in and much of the rest of the Govern- eling, and at the end of a long day half because we put back the need to ment as we know it. That is because when I get to the hotel room and turn fix the alternative minimum tax, the the President’s plan is so badly out of on the TV, there is nothing more com- war costs, the President’s proposal for balance. The difference between rev- forting than turning on ESPN and more and more tax cuts. What we see enue and expenditure is so big—and knowing that signal is coming to me by 2014 is the operating deficit of this that is before the baby boomers retire; right from Bristol, CT. country will be approaching $800 bil- that is before the number of people eli- I say this is an American dream lion. That is an utterly unsustainable gible for Social Security and Medicare story because ESPN was the idea of course. double—this is a course that cannot be two people, a father and son, the There was an item in this morning’s sustained. Rasmussens, who thought originally Washington Post that I thought was a The quicker we deal with it, the bet- that they would like to find a way to bit of a warning shot across the bow. ter. Everyone knows when you have a broadcast University of Connecticut This was a report from the U.S. Navy problem, the faster you deal with it, sports events to people around the that says they plan to buy fewer ships. the easier it is to solve. The more time State on cable. Consulting some ex- In fact, many fewer ships because of you delay, the more time you wait, the perts I believe at RCA, they found they the budget pressure. bigger the problem becomes. could buy satellite time to do that, and It is time to connect the dots. It is I am here in the Senate to say the then one of the folks at RCA said to time to recognize these large budget Congressional Budget Office has sent them: Incidentally, it will cost you the

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8830 CONGRESSIONAL RECORD — SENATE September 7, 2004 same amount of money to broadcast Mr. KYL. Mr. President, while the some temporary commitments, but around America and the world via sat- distinguished Senator from Con- rather by its own declarations was in a ellite as it will in Connecticut. And necticut is still on the floor of the Sen- fight to the finish: Either they win or that began 25 years ago ESPN, the En- ate, I commend him for his remarks. we win; either they die or we die. tertainment and Sports Programming The real success, of course, is due to This existential threat would have to Network, which is today the worldwide NASCAR. I hope the Senator appre- be faced by a nation that was willing to leader in sports. It started small and ciates that. In any event, I share his engage in the fight as long as it took ended big, going strong, and all as a re- sentiments. with whatever it took, regardless of sult of hard work and a lot of innova- f the costs, because nothing more or less tion. than our survival was at stake. I had the privilege of visiting ESPN’s COMMITTEE ON PRESENT DANGER So this third iteration of the Com- studios in Bristol, CT, last week. It is Mr. KYL. Mr. President, I wish to re- mittee on Present Danger was formed. really a campus now. I had the thrill of mark on something Senator LIEBERMAN Senator LIEBERMAN and I have been touring the ESPN new digital center. and I had been hoping to launch and honored to be the honorary chairmen This was about as good as it gets for then discuss in a little more detail, a of this effort, to remind Americans and someone who grew up not dreaming of subject on all of our minds, and that is to educate the rest of the world to the being a Senator but dreaming of being the kind of challenge we face as the seriousness of this threat, to the fact a Major League baseball player, a cen- leading country in the world in this that this is a war, and in war everyone ter fielder, for that matter—not a pref- current war on terrorism. must make sacrifices. erence for political inclinations, not a I am very pleased that Senator LIE- We send brave young men and women left fielder or right fielder but a center BERMAN has joined with me and others, to do military missions that could cost fielder. or I with him—I think he was the first their lives. A couple of my colleagues The closest I got to that dream is and I was the second, to put it that were on the floor earlier lamenting the what I did that day sitting at the an- way, to correct the record—in a re- cost of this war and the casualties chor desk on the brandnew, very im- institution of the Committee on among those who have served. Indeed, pressive sports center studio set with Present Danger. This is the third each one of us grieves for each one of none other than the closest thing the iteration of that committee, twice those casualties, and the families and sports world has to Walter Cronkite, begun during the cold war—during the friends of all involved. the honorable Chris Berman. It was a first stages of the cold war and then But the President has reminded us lot of fun and a great treat. I also got the later stages of the cold war—to en- that in this case our security is not the chance to look at the new studio sure that America understood and was free and that sacrifices will have to be we will soon be seeing on the NFL pro- willing to face the threat of Com- made. gramming and then next year on the munists and communism in a way that The point of this committee is to re- baseball programming. There is a lot of would result ultimately in victory. mind everyone what is at stake, how excitement there. There were times in the beginning of difficult the battle will be, how, al- As we celebrate ESPN’s 25th anniver- the war where I think there was an in- though we Americans are generally sary, I offer my congratulations on a adequate appreciation of the nature of very impatient people who see a prob- magnificent first 25 years to George that threat and how long a struggle it lem, want to get on it, solve it and Bodenheimer, ESPN’s president, and to would be and how we prepared and how move on, in this case, as with other the almost 3,000 employees of ESPN Americans would have to persevere in wars, we have to be in it until the end, who have changed our lives as sports order to win that cold war, and then at whatever the cost. In this case, like the fans and changed so much for the bet- a midpoint in the war when it seemed cold war specifically, it is probably ter in the life of the greater Bristol as if detente and acceptance of a per- going to be a long conflict that will community. manent status of communism was real- test our patience and our resolve, but Chris Berman, in addition to my ly the only way the United States that in the end ironically it is patience comparison—perhaps a little over- could ensure we would have peace in and resolve demonstrated to the enemy stated—to Walter Cronkite, has been the future began to creep into our pol- that are most likely to create the con- the great originator of nicknames. The icy in so many ways that, again, the dition for our victory. most famous and the one I love best is committee was formed and, under new In this case, being in some respects a when he called a particular baseball leadership, said there is an evil in the battle of ideas and resolve, if the player Bert ‘‘Be Home’’ Blyleven. I world—communism—and we cannot co- enemy views us to be a weak horse, as could go on. I watched the ESPN retrospective on exist in it. In the end, it will have to Osama bin Laden has called us, then their first 25 years last night. I did no- face its demise, and we will have to they will be emboldened to continue tice in the show that one fan held up a win. the battle and to bring it to the United sign that kind of got even with Chris President Reagan embodied that spir- States. On the other hand, if they view Berman, and it said: ‘‘Chris, beast of it in calling the Soviet Union ‘‘the evil us as a strong horse, then they may ap- Berman.’’ Let that speak for itself. empire,’’ in both saying and doing that preciate the fact that in the end they In any case, probably the best tribute which enabled people to appreciate cannot prevail. That will, more than one could pay to this extraordinary there could be a winner and a loser anything else, permit us to win this network and the people who work at it against communism, that it was a war. is that as you look back at the 25 failed idea, and that we in the United So with Senator LIEBERMAN, I point years, to paraphrase Berman himself, States and the West generally could de- out to my colleagues that in the ensu- no one could have guessed that this feat it, and we did. ing weeks we will be engaged in this network could go all the way. It has Along comes the war against the Is- discussion in an effort to lay out all of gone all the way, and it will just keep lamic radicals who have committed the facts about the enemy that we face on going for the next 25 years, more terrorism across the globe, most re- and the kind of war that we are going successful than the first 25 years, and cently in Russia. But on 9/11, all of the to have to be prepared to fight and the beyond. So thanks and congratulations previous attacks of those terrorists sacrifice that is going to be required to all the people at ESPN. who were brought into focus had been not just of the men and women whom I think the most fitting one-word treated as a matter of law enforce- we place in harm’s way for their mili- tribute I can use to close a celebration ment. On 9/11, President Bush under- tary mission but the people involved in on the Senate floor of ESPN’s first stood that something much greater all of the other contexts of this battle, great 25 years is to say simply and en- was at stake, an existential threat to whether it be military, intelligence, thusiastically: Booyah. the United States specifically and to law enforcement, and even right at I thank the Chair, and I yield the our civilization generally that had to home. There are many things Ameri- floor. be met with firm resolve because the cans can do to help win this war. The PRESIDING OFFICER. The Sen- enemy was not content to seek some My last point is simply this: The best ator from Arizona. kind of peace negotiations or extract thing that Americans can do to win

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8831 this war is to demonstrate our resolve in Florida, which has naturally gotten In another small restaurant they not only to the enemy but also to our the most attention, but also Tropical were taking all the screws apart of a friends and allies, and most impor- Storm Gaston that had such a terrible coffee roaster to make sure they could tantly to the people in harm’s way, our impact in the Richmond area. be dried off and oiled. Of course, all the men and women in the military and We will be voting shortly on H.R. furniture is wrecked. As far as the res- others who we have put on the front 5005, which is an emergency supple- taurants are concerned, they also have lines of the battle, to demonstrate to mental disaster relief appropriations to make sure all the walls are sanitary them that as a nation, while we may measure. On behalf of the people of Vir- and cleaned out for health reasons. have some disagreements about the ginia, and also Floridians, I thank my We saw trucks and vehicles all specifics of how we proceed with this colleagues and also President Bush for wrecked. There is one Virginia Guards- conflict, we are united as a people in acting to assist in this disaster relief, man who is actually over in Kosovo, believing one main thing, and that is which is so necessary. his truck was swamped and of course that the battle is worth it. So that I was down in Richmond yesterday made useless as well. whatever casualties do exist no one inspecting businesses that have been The point is, FEMA needs money. ever need be in doubt, be it the fami- flooded out by this unique flash flood They need a lot of money because of that hit the Shockoe Bottom, which is lies, the friends, the colleagues in these disasters. The President has a historic area of Richmond. There are arms, or the service men and women, acted. This country is going to provide a lot of small shops there, small stores, that their sacrifice was worth the billions of dollars to make sure FEMA restaurants. There are people who have price, whatever that price is. has the money. In addition, when you lived there since the renovation of If we ever begin to create the idea talk about small businesses, they get Shockoe Bottom. There are a lot of that this is not a war worth winning, assistance from SBA for very low inter- manufacturers up into the Shockoe that it is not a war worth sacrifice by est loans. Those low-interest loans can valley that were also devastated. In Americans, then we will have done a help a lot of those businesses get back Chesterfield County, an overflowing great disservice not only to our overall on their feet. creek came through and they actually war effort, because the enemy will There is a lot of work, a lot of de- had to demolish two big apartment surely pick up those signals, but also spair. Yesterday I was with Melanie areas and residences. Just in Chester- Sabelhaus, who is the Deputy Adminis- to the families and to the people in the field County alone, 47 people’s lives trator for the SBA. You see people’s military who are laying their lives on were saved by the firefighters and po- eyes light up for the opportunities they the line. They must continue to know lice. There were eight people who lost will receive. that all of us believe this is a sacrifice their lives from Tropical Storm Gaston I know the time has expired. May I worth making and that their sacrifice in the Commonwealth of Virginia. will not have been in vain. In addition to lives lost, which of speak in that time for 3 minutes? Mr. REID. Mr. President, I have no I hope as time goes on, in debating course is the worst thing to happen, the nuances of how we proceed with people lost all of their possessions, pho- objection to the distinguished Senator this conflict, all of my colleagues, Re- tographs of loved ones, their important from Virginia speaking as long as the publicans and Democrats and everyone documents and files. People lost all of time for the vote does not change. The PRESIDING OFFICER. Morning else in this great Nation, will under- their clothing from the mud slides that business has expired. stand the importance of reaffirming to came in and the water that rose so Mr. ALLEN. I ask unanimous consent those we have put in harm’s way that quickly. whatever sacrifice they make, it is There was one fellow at the disaster to speak for an additional 3 minutes worth the sacrifice for the security of relief center that opened up yesterday and have that time allocated to the Re- the people back home, for the opportu- afternoon. He had pants that were cov- publican side for the debate on judges nities they are creating for others and ered with paint and a T-shirt covered so the vote continues at 5:30. for the defeat of this insidious foe. with paint. Those were the only clothes The PRESIDING OFFICER. Without That is something we will be talking he had. All the rest of his clothes had objection, it is so ordered. Mr. ALLEN. Mr. President, again, about, especially as we move into the been ruined. He was a painter. That is this is important in that this bill we final phase of this legislative session why he had so much paint on him. We and fund our homeland security effort, saw others who were wondering where will be voting on after the judge votes, reform our intelligence community and they were going to live and where they H.R. 5005, provides $2 billion to replen- our congressional oversight of that could get assistance. We saw small ish FEMA’s disaster relief account. In- community, and do whatever we can do businesses—there were 35 businesses, 25 cluded in there, which is very impor- right now to help win this war, that we restaurants, hundreds of residences tant, as Melanie Sabelhaus said, we are ensure that all Americans understand that were made uninhabitable. making promises of loans to folks, and how they can contribute to the victory. One of the best things I saw of the we have run out of funds. So it is im- Right now their biggest contribution evidence of how this flood came in, par- portant we all work as quickly as pos- can be to support the effort so the peo- ticularly in the Shockoe Bottom area, sible to make sure these funds are ple who we have sent in harm’s way was a person who had a laptop and on there because there is an allocation in will appreciate that their sacrifices, it was a videotape of the flood waters here of up to $30 million which may be whatever they may be, are not in vain. coming in. Within 15 minutes, it had transferred to the Small Business Ad- The PRESIDING OFFICER. The Sen- gone from nothing on the floor in the ministration’s efforts to carry out dis- ator from Virginia. restaurant—this was at Bottoms Up aster loans authorized by section 7(b) f Pizza—and it went up to well over 5 of the Small Business Act. feet just in 15 minutes. People did not The point is, we have a lot of people RAVAGES OF TROPICAL STORM have time to do much of anything hurting in this country, in Florida, and GASTON ON VIRGINIA other than get up on different places to obviously I am talking about Virginia. Mr. ALLEN. Mr. President, before I get out of the water. It is important we all come together begin my comments, I rise to commend The cleanup is going to be pains- quickly, efficiently, and as expedi- the words of Senator KYL of Arizona taking. A lot of work has been done. A tiously as possible to assist these indi- and Senator LIEBERMAN. Senator LIE- lot of efforts have been made. It is a lot viduals who have a lot of pain, a lot of BERMAN was commending ESPN’s 25 to clean out that mud, to disinfect, to work to do, but also a great deal of years as a wonderful station, great en- dry it out and get back in business. In spirit. In the Shockoe Bottom, what tertainment, and something that some of the places all the elevators, of encouraged me the most was folks means a lot to our family. course, were wrecked. In one facility, cleaning and going through all that I bring to my colleagues’ attention they had to take mud out of the base- work—which is very tedious work. The something that is very important to ment by buckets and take it up steps. smells and the mold and all that is al- Virginia, and Florida as well. These They did a phenomenally good job most overwhelming at times. But there hurricanes and disasters that have doing it but that gives us the sense of is a great deal of history in the been hitting our country, particularly what has to be done. Shockoe Bottom of Richmond. It is one

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8832 CONGRESSIONAL RECORD — SENATE September 7, 2004 of the oldest neighborhoods in one of confirmation of judges this evening. Judge Covington was reported from the oldest cities in the country. It has The record will note that the Senate our Committee without opposition, and a lot of history. This is going to be add- Judiciary Committee has worked hard I am confident that she will serve with ing to the lore. I think, as they clean to ensure President Bush’s judicial distinction as a Federal judge. The up and get back in business, it will be nominees have been given the appro- ABA Committee agrees, unanimously stronger than ever. priate scrutiny. I have also made every rating her ‘‘Well Qualified’’ for the I am very pleased that all of us, the effort to ensure fair treatment of the Federal bench. There is absolutely no executive branch and legislative nominees. While there has been a bit of reason to delay her confirmation to the branch, are making sure the funds are obstructionism in the advice and con- Middle District of Florida, and I urge there to help those small business own- sent process, including unprecedented my colleagues to join me in voting to ers, men and women, get back on their filibusters, we have made significant confirm her. feet, get their customers in those doors progress. I am also pleased to speak in support again, keep those people working. During the 107th Congress, during of Michael H. Schneider, Sr., who has I thank you all for this effort. I hope which the Democrats held the majority been nominated to the United States this will pass unanimously after we for most of the Congress, the Senate District Court for the Eastern District dispose of the action on judges shortly. confirmed 100 of President Bush’s of Texas. I look forward to making sure we nominees. Thus far, in the 108th we Judge Schneider has had a distin- work together to get America—wheth- have confirmed 98, and with the ex- guished legal career. He began his ca- er in Florida or Virginia or elsewhere— pected confirmation of these judges, we reer more than 30 years ago as an as- moving forward. will match the record established by sistant district attorney in the Harris I yield the floor. Senator LEAHY. I recognize him for the County District Attorney’s Office, with f good work he has done on many of the a particular emphasis on economic nominees and thank him for his co- crimes. After 4 years there, he entered CONCLUSION OF MORNING operation as ranking member. There is the private sector, working for various BUSINESS still some work to be done, and I am industries—including the Union Pacific The PRESIDING OFFICER. Morning hopeful that additional nominees will Railroad Company where he served as business is closed. be confirmed by this Senate. Our Sen- its General Solicitor. In 1989, he joined f ators certainly deserve that kind of the law firm of McFall & Sartwelle, EXECUTIVE SESSION consideration. LLP, as a trial attorney. He litigated Today I rise in support of the nomi- cases involving products liability de- nation of Virginia Maria Hernandez fense, commercial torts and commer- NOMINATION OF VIRGINIA MARIA Covington to the United States Dis- cial fraud cases. To date, he has tried HERNANDEZ COVINGTON TO BE trict Court for the Middle District of approximately 150 cases to a verdict. UNITED STATES DISTRICT Florida. Judge Covington is the first That is more than most attorneys even JUDGE FOR THE MIDDLE DIS- Cuban-American woman ever ap- dream of trying. TRICT OF FLORIDA pointed to Florida’s appellate courts In 1990, Judge Schneider became the and is currently the highest-ranking presiding judge of the 157th District Hispanic woman serving in Florida’s Court in Harris County, TX. From 1996 NOMINATION OF MICHAEL H. judiciary. until 2002, he served as the chief justice SCHNEIDER, SR., TO BE UNITED After graduating from Georgetown of the Texas First Court of Appeals in STATES DISTRICT JUDGE FOR University Law Center, where she was Houston. In 2002, Governor Rick Perry THE EASTERN DISTRICT OF the editor of the Tax Lawyer law re- appointed him to the Supreme Court of TEXAS view, Judge Covington began her ca- Texas. Justice Schneider was subse- The PRESIDING OFFICER. The reer in public service as a trial attor- quently elected to a term that expires clerk will report the nominations. ney for the Federal Trade Commission. in 2008. The assistant legislative clerk read She then moved to Florida to work as Judge Schneider brings a wealth of the nominations of Virginia Maria Her- an assistant state attorney for experience to the federal bench. Aside nandez Covington, of Florida, to be Hillsborough County, FL. In 1983, she from a law degree from the University United States District Judge for the was appointed Assistant U.S. Attorney of Houston, he also earned his LLM Middle District of Florida, and Michael for the Middle District of Florida, and from the University of Virginia School H. Schneider, Sr., of Texas, to be eventually was promoted to Chief of of Law. The ABA has rated him unani- United States District Judge for the that District’s asset forfeiture section. mously ‘‘Well Qualified,’’ and I am con- Eastern District of Texas. In 2001, Governor Jeb Bush appointed fident that he will be an excellent addi- The PRESIDING OFFICER. Who her to Florida’s Second District Court tion to the federal bench in the Eastern yields time? of Appeal, where she has served with District of Texas. Mr. HATCH. Mr. President, I suggest great distinction. Following the two scheduled rollcall the absence of a quorum. While serving as an Assistant U.S. votes this evening, we will turn to the The PRESIDING OFFICER. The Attorney, Judge Covington lectured ex- confirmation of Michael Watson, who clerk will call the roll. tensively on asset forfeiture, money has been nominated to the United The assistant legislative clerk pro- laundering, and complex prosecutions States District Court for the Southern ceeded to call the roll. to prosecutors and law enforcement District of Ohio. I am hopeful that we Mr. HATCH. Mr. President, I ask personnel throughout the United can quickly conclude debate on this unanimous consent the order for the States. She also lectured, taught and nomination and move promptly to a quorum call be rescinded. participated in seminars on trial advo- vote of approval for Judge Watson. The PRESIDING OFFICER. Without cacy practice and procedure with pros- Judge Michael Watson began his objection, it is so ordered. ecutors, law enforcement personnel, legal career as a law clerk and bailiff Mr. HATCH. Mr. President, I ask and judges in Chile, Argentina, Mexico, to the Honorable Tommy L. Thompson unanimous consent the last 5 minutes Venezuela, Colombia, Costa Rica, and of the Franklin County Court of Com- of debate be granted to the two Sen- Honduras. As a U.S. Department of mon Pleas in Ohio. He litigated a broad ators from Texas. Justice liaison, she also helped the Bo- range of civil and criminal cases before The PRESIDING OFFICER. Without livian government establish its nar- joining the Ohio Department of Com- objection, it is so ordered. cotics-related asset forfeiture program. merce as its chief legal counsel, where Mr. REID. Mr. President, this will be Judge Covington’s professional and he served until 1992. He then joined the counted against the time for the ma- civic work has won her respect and rec- staff of the Office of the Governor as jority; is that right? ognition throughout central Florida. deputy chief legal counsel, and was Mr. HATCH. Yes. Most recently, she was honored as the promoted to chief legal counsel in 1994. Mr. President, I am pleased that the 2003 Hispanic Woman of the Year by On January 1, 1996, then-Governor Senate is turning its attention to the Tampa Hispanic Heritage Incorporated. George Voinovich appointed Judge

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8833 Watson to the Franklin County Court Appeals in Florida, one of five appel- as district court nominee Ricardo of Common Pleas. Judge Watson was late districts in Florida. She has served Morado. subsequently re-elected and, in 2003, as an appellate judge since her appoint- Less than 10 percent of President Governor Bob Taft appointed him to ment by Governor Bush in September Bush’s judicial nominees are Latino, Ohio’s Tenth District Court of Appeals, 2001. She previously worked as a fed- even though this is a diverse ethnic where he currently serves. eral prosecutor and spent nearly 20 group which constitutes a larger and Judge Watson brings a wealth of trial years with the U.S. Attorney’s Office growing percentage of the U.S. popu- and appellate experience to the federal for the Middle District of Florida. lation. In fact, President Bush has bench. A substantial majority of the Judge Covington is highly regarded. I nominated more people who have been ABA Committee rated him ‘‘Qualified’’ supported her nomination in the Judi- involved with the Federalist Society for this nomination to the federal ciary Committee and I voted to report than Latinos, African Americans, and bench, and I am confident that he will her nomination favorably from the Ju- Asian Americans combined. This dis- make a fine jurist. I urge my col- diciary Committee. This is a nomina- parity demonstrates that this Presi- leagues to vote to confirm him to the tion that was reported unanimously. dent is less concerned about creating a Southern District of Ohio. Although it is after Labor Day and well federal judiciary of excellent, fair Mr. President, I reserve the last 5 past the time when Republicans tradi- judges who reflect the racial and ethnic minutes. tionally shut down the judiciary con- diversity of our people and more con- The PRESIDING OFFICER. The Sen- firmation process under the ‘‘Thur- cerned about ideological purity and ator from Vermont. mond Rule,’’ I expect that Democrats finding nominees who are likely to side Mr. LEAHY. Mr. President, what is will continue our good faith efforts. with the President on his political the parliamentary situation? With today’s unanimous consent agenda. It is notable that over the last The PRESIDING OFFICER. The Sen- agreement for votes on Judge Cov- year this President has failed to nomi- ate is in executive session. ington and another judicial nominee nate a single Hispanic to the circuit Mr. LEAHY. How much time is re- from Texas, the Senate will have con- court positions he prizes. By contrast served for the Senator from Vermont? firmed 200 judicial nominees of Presi- at least six of the nine circuit court The PRESIDING OFFICER. Fifteen dent Bush. In 17 months of a Demo- nominations this President has made minutes. cratic majority in the Senate, we con- during the last year are affiliated with Mr. LEAHY. I thank the distin- firmed 100 of his judicial nominees, and the Federalist Society. This Adminis- guished Presiding Officer. I will not use now with a total of 26 months of Re- tration has shown that it is committed all of that time because I know a score publican control of the Senate, another to packing the courts with individuals of Senators support the nomination of 100 of Bush’s judicial nominees have who will shape the bench according to Judge Covington. All Democratic mem- been confirmed. narrow ideological goals. Democrats bers of the Senate Judiciary Com- Despite all of the complaining by the have resisted this President’s most ex- mittee voted in favor of her nomina- President and his partisans, the fact of treme nominees to preserve federal tion. the matter is that with today’s votes courts that are fair, balanced and inde- The selection of Judge Covington is the Senate will have approved 200 of his pendent. Mr. President, I would like to speak an example of what happens when the judicial nominees. He has appointed briefly about Texas Supreme Court judicial nominations process works as more judges than President Ronald Justice Michael Schneider, who has it should. She was interviewed and rec- Reagan did in his first term, more than been nominated to the U.S. District ommended by a Florida bipartisan ju- his father did in his presidency and Court for the Eastern District of Texas. dicial selection commission. Both Re- more than President Clinton did in his I first met him when I served as the publicans and Democrats supported most recent term in office. Thanks to State’s Attorney in Chittenden Coun- her. Her two home-State Senators the bipartisanship demonstrated by ty. strongly support her, and I do too. Senate Democrats, we have reached the As I rushed back here for the votes, I Today Democrats and Republicans lowest number of vacancies in the fed- ran into Justice Schneider, who re- join together in considering the nomi- eral courts since the Reagan era. With minded me of the day we first met. I nation of Virginia Maria Hernandez today’s confirmation votes there will recall the day very well and when he Covington to the U.S. District Court be only 26 open seats in the entire fed- was here for his hearing earlier this for the Middle District of Florida. The eral bench, and there are more federal summer I told my staff about his work Florida Senators support the nomina- judges serving today than at any time as a fellow prosecuting attorney years tion of Judge Covington and all Demo- in our history. ago. I remember the time he and my cratic Members of the Senate Judici- The Senate has withheld its consent dear friend Carol Vance, who was the ary Committee voted in favor of her from some of this President’s most ex- district attorney in Harris County, nomination. treme and unfair nominations but no- came to Vermont in 1974. We had a The selection of Judge Covington to where near the number of moderate meeting of the National District Attor- be the nominee for the Southern Dis- Clinton nominees that Republicans neys Association and the consumer trict of Florida serves as an example of stalled in recent years. fraud units at Sugar Bush in Vermont. how the judicial nominations process Democrats have supported the swift I recall talking with him about the should work. She was interviewed and confirmation of 20 of President Bush’s problem of fraud and other white-collar recommended by Florida’s bipartisan Latino nominees, including three crimes. judicial selection commission. This se- Latinos to the circuit courts, Judge I would also noted that the district lection commission was created by Carlos Bea, Judge Consuelo Callahan, attorney of Harris County was a close Senators GRAHAM and NELSON in a ne- and Judge Edward Prado. Indeed, it friend of mine and spoke very highly gotiated agreement with the White was Senate Democrats who pressed for about then Mr. Schneider’s—Justice House and it has produced talented and votes on Judge Prado and Judge Cal- Schneider’s—reputation as a conserv- well-respected attorneys for the life- lahan while Republicans delayed them. ative but fair-minded judge. His con- time appointments on the district Republicans also blocked four of Presi- firmation will fill the last remaining courts in Florida. I congratulate the dent Clinton’s Hispanic judicial nomi- vacancy currently open on the Federal Senators from Florida for their efforts nees from ever being considered and de- district courts in Texas. to maintain this important mechanism layed others for hundreds of days. I wish the White House would recog- for promoting experienced and con- Judge Richard Paez was forced to wait nize that so many of President Bush’s sensus candidates for the federal bench, more than 1,500 days—longer than any judicial nominees, including Texans, despite the resistance of the White nominee in history—to get a vote on have been confirmed in contrast to the House to this time-tested procedure for his nomination. President Clinton treatment of judicial nominees by finding qualified and consensus nomi- named 11 Latino nominees for the cir- members of the President’s party who nees. cuit courts and Republicans blocked blocked more than 60 of President Clin- Judge Covington currently serves as three of them, Jorge Rangel, Enrique ton’s judicial nominees including Tex- Judge for the Second District Court of Moreno, and Christine Arguello, as well ans whose nominations were subject to

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8834 CONGRESSIONAL RECORD — SENATE September 7, 2004 lengthy delays or defeated by delays by 60 other Clinton judicial nominees, firmed 100 of his judicial nominees, and the Republicans. The distinguished Senate Democrats have by contrast now with a total of 26 months of Re- chairman will recall how the Repub- acted fairly and expeditiously toward publican control of the Senate another licans many times by just a one-person President Bush’s judicial nominees. 100 judicial nominees have been con- filibuster within committee delayed The treatment of Judge Schneider’s firmed. and defeated the nominations of nomination stands in stark contrast to Despite all of the complaining by the Enrique Moreno, Judge Jorge Rangel, how Texans nominated by President President and his partisans, the fact of Ricardo Morado, and Judge Michael Clinton were treated. the matter is that with today’s votes Schattman. None of these four nomi- After Judge Jorge Rangel, dis- the Senate will have approved 200 of his nees from Texas ever got a vote in the appointed with his treatment at the judicial nominees. He has appointed Judiciary Committee or on the floor. I hands of the Republican majority, more judges in his first term than mention that because it was my inten- asked President Clinton not to resub- President Ronald Reagan did in his tion not to treat President Bush’s mit his nomination for endless delay, first term, more than his father did in nominees unfairly, and today’s vote on President Clinton nominated Enrique his presidency and more than President the nomination of Justice Schneider Moreno, a distinguished attorney in Clinton did in his most recent term in demonstrates that we have been far private practice in El Paso, Texas and office. Thanks to the bipartisanship more fair. That is why I have gone for- a native of Mexico. Mr. Moreno is a demonstrated by Senate Democrats, we ward with Michael Schneider. graduate of Harvard University and the have reached the lowest number of va- Today, September 7, the Senate con- Harvard Law School. He was given the cancies in the federal courts since the siders the nomination of Michael highest rating of unanimous ‘‘Well Reagan era. With today’s confirmation Schneider to the U.S. District Court Qualified’’ by the ABA. Mr. Moreno’s votes, there will be only 26 open seats for the Eastern District of Texas. Jus- nomination languished for 15 months, in the entire federal bench, and there tice Schneider has served on the Su- with President Clinton renominating are more federal judges serving today preme Court of Texas for two years. In- him at the beginning of 2001. President than at any time in our history. cluding his 12 years of service as a trial Bush missed one of many opportunities The Senate has withheld its consent and appellate judge and his part-time for bipartisanship when he withdrew from some of this President’s most ex- position at a municipal court, Justice that nomination and, instead, sent the treme and unfair nominations but no Schneider has served as a judge in one Senate the divisive nomination of Pris- where near the number of moderate capacity or another for 25 years. cilla Owen. Clinton nominees that Republicans Justice Schneider served as Assistant In addition to defeating the district stalled in recent years. District Attorney for Harris County, court nomination of Judge Michael I congratulate Justice Schneider and from 1971 to 1975. I also remember first Schattman by inaction, Republicans his family on his confirmation. meeting this nominee when I was serv- delayed confirmation of Judge Hilda Finally, I note today is the 7th day of ing as State’s Attorney for Chittenden Tagle for more than two a half years September and we are way beyond County and Mr. Schneider was a de- with no explanation for their actions. what is called the ‘‘Thurmond Rule.’’ It fense attorney working on cases in- When Ricardo Morado was nominated was back in July of 1980 when Ronald volving fraud, organized crime and to the district court by President Clin- Reagan, who was not yet President but other white collar crimes. Throughout ton on May 11, 2000, Republican Sen- was running for that office sought to his career, Justice Schneider has dem- ators indicated that this was just too stop any more judicial nominees of onstrated a commitment to serving late in an election year for him to be President Carter from being confirmed. those less fortunate, by developing a confirmed. In contrast, Justice Schnei- The Republicans were actually in the mock trial program at a school in an der was nominated later in the year minority in the Senate but candidate impoverished neighborhood, partici- than Richard Morado, on May 17, 2004. Reagan asked Senator Thurmond, who pating in Habitat for Humanity Senate Democrats are, again, dem- was the Ranking Member of the Senate projects, establishing alternative dis- onstrating their extraordinary good Judiciary Committee which was led by pute resolution programs, and working faith with respect to this nomination Chairman KENNEDY, to block any more with the State Bar of Texas to increase in light of recent Republican excesses. nominees from being confirmed for the access to justice. This confirmation is taking place in remainder of the year. Senator Thur- Justice Schneider has a reputation as September of a presidential election mond happily obliged and from July a conservative, but fair-minded judge. year, which is long past the deadline 1980 until the end of the year the only In general, his opinions have focused for action under the ‘‘Thurmond Rule.’’ judicial nominees confirmed were those on statutory interpretation, proper In July 1980, Republican presidential who had the consent of the Majority trial procedures, and the rule of law. candidate Ronald Reagan asked Senate Leader and the Minority Leader and Justice Schneider’s confirmation will Republicans, then in the minority, to the Chairman and Ranking member of mark the 16th district court nominee stop confirming the judicial nominees the Senate Judiciary Committee. All of of President Bush’s from the State of of President Carter. Senator Strom President Carter’s other judicial nomi- Texas who has received a hearing be- Thurmond, who was then the Ranking nees were blocked and defeated without fore the Senate Judiciary Committee Member of the Judiciary Committee, votes. and has been confirmed. This nomina- was happy to oblige. Republicans were The ‘‘Thurmond Rule’’ is that after tion will fill the last remaining va- able to accomplish this blockade with July or the nominating conventions no cancy on the Texas federal district only a few exceptions that required Re- more judges will be confirmed in a courts. Of course, we have not heard publican consent. Senate Republicans Presidential election year unless there and likely will not hear a single word have adhered to this rule with a Demo- is consent. Today’s vote on Justice of appreciation from the White House cratic President, whether they were in Schneider actually will be one of the that all 16 men and women the Presi- the minority, as in 1980, or the major- last votes, as we all know. But it is an dent has nominated to the federal trial ity, as in 1996 and 2000. Although va- interesting thing. I note that every courts in Texas have been confirmed by cancies were much higher in those year where there has been a Demo- the Senate. years than today, Republicans insisted cratic President, Republicans have ad- Our bipartisanship toward his nomi- on maintaining judicial vacancies to be hered to the Thurmond rule as though nees stands in marked contrast to the filled by the President elected in the it was handed down from on Mount fate of many of President Clinton’s coming fall election. Olympus. The Olympian heights of that nominees from Texas, who were With today’s unanimous consent standard, precedent and history some- blocked and delayed by the Republican agreement for votes on two district how have changed when there was a majority, including Enrique Moreno court nominees including Judge Republican in the White House. Now and Judge Jorge Rangel, Ricardo Schneider, the Senate will have con- that there is a Republican in the White Morado; and Judge Michael Schatt- firmed 200 judicial nominees of Presi- House, we have heard little about this man. While Republicans blocked these dent Bush. In 17 months of a Demo- precedent from Republicans even Texas nominees along with more than cratic majority in the Senate, we con- though it was sheer gospel to them

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8835 when there was a Democratic Presi- judge must—that the duty of a judge is the Texas State judiciary. Beyond dent. to interpret the law, not to legislate that, Justice Schneider has a reputa- Having said that, I fully support the from the bench. tion for being a gentleman, being an confirmation of Judge Virginia Maria Justice Schneider has held virtually honorable person and one who will do Hernandez Covington and that of Jus- every position in the State court sys- well in this important position. tice Michael Schneider. tem that Texas has to offer. From 1978 I ask my colleagues to support this I withhold the remainder of time. to 1990, he served on the West Univer- nomination. I say how delighted I am, I suggest the absence of a quorum sity Place Municipal Court. Then, he given this late point in the year when and ask unanimous consent that the served on the 157th District Court of many judicial nominations would not time run equally. Texas, located in Houston, until 1996. ordinarily be brought up, that there Mr. HATCH. Mr. President, I have to Next, he became Chief Justice of the has been bipartisan consensus that this reserve the right of the two Senators First Court of Appeals in Houston. He good man and this good judge be put up from Texas, if my friend will permit it. served there until 2002, when he was ap- for an up-or-down vote. Mr. LEAHY. We are trying to reserve pointed Justice of the Supreme Court time for the Senator from Florida. I of Texas, where I once served. He has I also ask unanimous consent to am sure between the Senator from been honored as both Trial Judge of print in the RECORD a letter from the Utah and the Senator from Vermont the Year and Appellate Judge of the Dallas County Democratic Party. we can make the appropriate unani- Year by the Texas Association of Civil There being no objection, the mate- mous consent request. It is obvious the Trial and Appellate Specialists. rial was ordered to be printed in the Senator from Texas should be heard, In addition to this extraordinary RECORD, as follows: and obviously the Senator from Florida record of judicial service, Justice DALLAS COUNTY DEMOCRATIC PARTY, should be. Schneider also served the people of July 6, 2004. Mr. HATCH. Mr. President, I agree Texas in the role of Assistant District Chairman ORRIN G. HATCH, with that. We can work it out. Attorney for Harris County. Justice Senator PATRICK J. LEAHY, The PRESIDING OFFICER. Without Schneider is a graduate of Stephen F. Senator JOHN CORNYN, objection, it is so ordered. The clerk Austin State University, the Univer- Members of the Senate Committee on the Judici- will call the roll. sity of Houston College of Law, and— ary. The legislative clerk proceeded to more recently—the LL.M. program of Re Nomination of Michael H. Schneider, Sr. call the roll. the University of Virginia Law School. for the United States District Judge for the Eastern District of Texas Mr. CORNYN. Mr. President, I ask And he has a distinguished record of unanimous consent that the order for civic involvement. TO THE MEMBERS OF THE COMMITTEE: I the quorum call be dispensed with. Justice Schneider’s reputation as an write to encourage you to confirm the nomi- The PRESIDING OFFICER. Without exceptional jurist and a true gen- nation of Justice Schneider. As the Dallas objection, it is so ordered. tleman is well known throughout the County Democratic Chair, I supported Jus- ˜ Mr. CORNYN. Mr. President, I want State of Texas. It is also well known by tice Linda Yanez, Justice Schneider’s oppo- to express my strong support for the nent in his 2002 race for the Texas Supreme the American Bar Association, which Court. During that election season I learned nomination of Justice Michael Schnei- gave him its highest rating, when its a great deal about Justice Schneider, namely der to serve on the District Court for standing committee on the Federal Ju- how well-regarded and well-respected he is the Eastern District of Texas. diciary unanimously certified him as by the bench and the bar in Texas. Even the First, I say thank you to the chair- ‘‘well qualified’’ for the Federal bench. plaintiff’s bar in Houston, Justice Schnei- man of the Judiciary Committee, Sen- And his nomination enjoys broad bipar- der’s home base, supported his race out of re- ator HATCH, as well as the ranking tisan support across the State of spect for his dedication to following the law. member, Senator LEAHY, for working Texas. For example, Susan Hays, who During his tenure on the Texas Supreme with us to try to fill this important va- chairs the Dallas County Democratic Court I have followed his performance close- cancy in the Eastern District of Texas. Party, has written a strong letter of ly. (I served as a law clerk on the court dur- The vacancy that will be filled by support. ing the 1997–1998 term, and specialize in civil this nomination was created by the un- appellate work in my law practice.) While on Justice Schneider is also a humble the Court he has been a voice of moderation timely passing of Chief Judge John H. man. His profile on the Texas Supreme and judicial conservatism. In the many con- Hannah, Jr. Judge Hannah was a good Court’s website points out that ‘‘[h]e versations I have had with Texas appellate man and a distinguished jurist. His held a variety of jobs during college lawyers—of all political persuasions—the family’s loss was also a great loss to and law school,’’ including ‘‘searching overwhelming consensus is that Justice the State of Texas. titles at a major oil company, man- Schneider has done a wonderful job on the I have enjoyed working with Judge aging apartments, driving ambulances, Court and fully deserves to be elevated to Hannah throughout his career. I recall operating a school bus for disabled the federal bench. Justice Schneider is dedi- working with him on a variety of mat- cated to the rule of law and the integrity of children, working at a funeral home, the judicial system. The only reservation I ters when he served as secretary of teaching school, delivering milk, clerk- have about his nomination is that I hate to state of Texas from 1991 to 1994. And ing for a law firm, managing a college lose his influence on the Texas Supreme Senator HUTCHISON and I worked close- cafeteria, serving as a waiter, bell hop- Court. In addition to being a Democrat, I am ly with him just last year on legisla- ping at a hotel, and serving as an in- a member of the Texas Trial Lawyers Asso- tion to authorize the Eastern District tern at the United States Attorney’s ciation and the Dallas Trial Lawyers Asso- of Texas to hold court in the city of Office.’’ I’m tempted to ask him which ciation. Speaking both as a Democrat and as Plano. That bill, S. 1720, was important of these jobs best prepares him for life a plaintiff’s lawyer, I urge the Committee to confirm Justice Schneider. to Judge Hannah, who always worked as a Federal district judge. hard to serve the citizens of the East- I am pleased that the President has While much has been made in the press ern District. He passed away the day nominated Justice Schneider to serve about partisan gridlock over judicial nomi- after the President signed that legisla- on the Eastern District of Texas, and I nations, as a partisan leader and as a lawyer I know there are times the parties should tion into law. look forward to his service on the Fed- come together to support a nominee. This is The death of Judge Hannah leaves eral bench in the great State of Texas. such a time. I urge the Committee to vote on some big shoes to fill, but President Daniel Webster said that justice is Justice Schneider’s nomination at Wednes- Bush could not have filled them better the greatest desire of man on Earth. It day’s hearing. A quick vote is critical this than with the nomination of Texas Su- is, I suppose, the reverence we have for late in an election year. if you have any preme Court Judge Michael Haygood the aspiration of justice that we honor questions about my support of his nomina- Schneider. men and women by allowing them to tion, please call me at 214–557–4819. Justice Schneider will bring to the wear a black robe and to judge us. Sincerely, Federal district court the wisdom, Justice Schneider, as the chairman of SUSAN HAYS, Chair. judgment, and experience of over a the Judiciary Committee has already quarter century of service on the noted, has had a distinguished judicial The PRESIDING OFFICER. The sen- bench. He understands—as any good career of having served at all levels of ior Senator from Texas.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8836 CONGRESSIONAL RECORD — SENATE September 7, 2004 Mrs. HUTCHISON. Mr. President, I consent that we request the yeas and there be 2 minutes of debate equally di- am very pleased the distinguished Sen- nays on both Ms. Covington and Mr. vided between the two rollcall votes. ator from Texas on the Judiciary Com- Schneider and I would ask for the yeas The PRESIDING OFFICER. Without mittee has spoken. I am happy to add and nays with one show of hands as a objection, it is so ordered. my remarks. request for the yeas and nays on both. The question is, Will the Senate ad- I particularly thank the chairman of The PRESIDING OFFICER. Without vise and consent to the nomination of the committee and the ranking mem- objection, it is so ordered. Virginia Maria Hernandez Covington, ber. Senator HATCH and Senator LEAHY Is there a sufficient second? of Florida, to be United States District have tried on this nomination and the There is a sufficient second. Judge for the Middle District of Flor- ones we are voting on today to get The yeas and nays were ordered. ida? The yeas and nays have been or- these judicial nominations through. I Mr. LEAHY. I commend the distin- dered. The clerk will call the roll. very much appreciate it. guished Senator from Florida. It was The legislative clerk called the roll. We know this is late in the year and his use of a bipartisan commission to Mr. MCCONNELL. I announce that sometimes we get hung up on things. I make sure that we had this exemplary the Senator from South Carolina (Mr. have not agreed with everything that nominee. GRAHAM), the Senator from Alaska has happened in the Judiciary Com- I yield the remainder of my time to (Ms. MURKOWSKI), the Senator from mittee, but on this nomination I appre- the Senator from Florida. Pennsylvania (Mr. SANTORUM), and the ciate everyone’s word being kept. I had Mr. NELSON of Florida. I thank the Senator from Missouri (Mr. TALENT) very much hoped we could have this distinguished Senator from Vermont. I are necessarily absent. nomination confirmed. I hope there commend the chairman and the rank- Mr. REID. I announce that the Sen- will be a few others, as well. We do ing member for their bipartisanship. I ator from Hawaii (Mr. AKAKA), the Sen- have another Texan coming up later compliment the Senators for their bi- ator from New York (Mrs. CLINTON), this week. partisanship. the Senator from North Carolina (Mr. I am happy to support my friend, a We already had this agreement on EDWARDS), the Senator from Florida fellow Texan, Justice Michael Schnei- the number of judges we were going to (Mr. GRAHAM), and the Senator from der. I have known Mike and his wife do, proffered some months ago. The Massachusetts (Mr. KERRY) are nec- Mary for years. I know this man. I fact that a judicial nominee of the essarily absent. know his wife. I know their family. I quality of Judge Covington from The PRESIDING OFFICER (Mr. know they will be exemplary public Tampa, FL, would come to the com- ALEXANDER). Are there any other Sen- servants. mittee in a bipartisan fashion—mem- ators in the Chamber desiring to vote? In February, I, along with Senator bers were very kind to move a nominee The result was announced—yeas 91, CORNYN, recommended him to Presi- such as this. Indeed, this is the way the nays 0, as follows: dent Bush for the eastern judicial dis- Senate ought to be working. I am [Rollcall Vote No. 164 Ex.] trict. He has exemplified what we want grateful the judge I was recommending YEAS—91 in Federal judges. For 25 years, he has was the beneficiary of that bipartisan- sat on the bench from the bottom to Alexander Dodd Lott ship. Allard Dole the top. Here is a man who knows the Lugar Indeed, Judge Virginia Hernandez Allen Domenici McCain judiciary. He was in West University Covington, a product of Tampa, a prod- Baucus Dorgan McConnell Bayh Durbin Place, which is a small town near uct of the University of Tampa, both Mikulski Houston, TX, on the municipal court. Bennett Ensign Miller bachelor’s and master’s degree, and Biden Enzi Then he was on the district bench in Murray Georgetown Law, a former assistant Bingaman Feingold Nelson (FL) Bond Feinstein Houston, Harris County. Then he was Nelson (NE) U.S. attorney in the U.S. Attorney’s Boxer Fitzgerald the chief justice of the first Texas Nickles Office for almost 20 years, with 70 com- Breaux Frist Court of Appeals, once again in Harris Pryor mendations while there, was then ap- Brownback Grassley County, before he rose to the Supreme Reed pointed to our State court system to Bunning Gregg Court of Texas where he has served Burns Hagel Reid the district court of appeals where she Byrd Harkin Roberts since 2002. Rockefeller He has also served as assistant dis- is now serving her 6-year term. Campbell Hatch She has lectured extensively on a Cantwell Hollings Sarbanes trict attorney of Harris County and he Schumer whole host of complex legal subjects. Carper Hutchison has served in the private sector. He Chafee Inhofe Sessions earned his bachelor’s degree from Ste- When our office called her to give her Chambliss Inouye Shelby Cochran Jeffords phen F. Austin State University in the good news that her nomination, Smith thanks to these two distinguished Sen- Coleman Johnson Snowe 1965, in Nacogdoches, TX, and also Collins Kennedy ators, was scheduled for a vote, she was Specter earned a law degree from the Univer- Conrad Kohl Stabenow sity of Houston College of Law in 1971 down practicing her fluent Spanish in Cornyn Kyl Stevens South America where she was teaching Corzine Landrieu Sununu and a master of law degree from the Craig Lautenberg Thomas earlier this year. Crapo Leahy University of Virginia School of Law in Voinovich This is the kind of bipartisanship and Daschle Levin 2001. Warner nominee we want. What do we want? It Dayton Lieberman He has been honored judge of the DeWine Lincoln Wyden year twice by the Texas Association of is clear to me what I want in a judge. Civil Trial and Appellate Specialists I want someone who has judicial tem- NOT VOTING—9 and by the Houston Police Officers As- perament. I want someone who is going Akaka Graham (FL) Murkowski to be openminded and who will look at Clinton Graham (SC) Santorum sociation. Edwards Kerry Talent We have a judge who is known to the the facts and will apply the law. Out- community, all sides of the bar. He is standingly, Judge Covington represents The nomination was confirmed. certainly respected by all. This is vir- that particular example of what a Mr. HATCH. I move to reconsider the tually unanimous. It is unanimous. judge should be. vote. The ABA rating was the highest that She is going to have a tremendous Mr. STEVENS. I move to lay that could be given. I believe we will have a success as a Federal judge. She is going motion on the table. unanimous vote today based on his to make an excellent addition to the The motion to lay on the table was great qualifications. I am happy to rec- high quality of judges we have been agreed to. Mr. STEVENS. Mr. President, I ask ommend him to my colleagues in the very fortunate in Florida to have. I unanimous consent that I be recog- Senate. congratulate Judge Covington because I yield the floor. her nomination will be confirmed with- nized to speak for up to 1 minute. The PRESIDING OFFICER. The time in a few moments. The PRESIDING OFFICER. Without controlled by the majority has expired. I yield the floor. objection, it is so ordered. The Senator from Vermont. Mr. HATCH. Mr. President, one last HAPPY 80TH BIRTHDAY TO SENATOR INOUYE Mr. LEAHY. Mr. President, I ask thing I mention to my colleague on the Mr. STEVENS. Mr. President, one of that it be in order to ask unanimous other side. I ask unanimous consent the pleasures of being in this body is to

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8837 be around men younger than I. One in The result was announced—yeas 92, Voinovich and to which he was re- particular I have traveled with consid- nays 1, as follows: elected twice. erably and for whom I have great fond- [Rollcall Vote No. 165 Ex.] In Ohio, the Common Pleas Court is ness—he must have just walked off the YEAS—92 the highest trial bench. It is the court that tries all the major civil and crimi- Senate floor; I hope someone brings Alexander Dodd Lott him back. I wish to call the attention Allard Dole Lugar nal cases. During his last 3 years on the of the Senate to the fact that my Allen Domenici McCain trial court, Judge Watson served as ad- brother from Hawaii is 80 years old Baucus Dorgan McConnell ministrative judge with responsibility Bayh Durbin today. Mikulski of the administrative management of Bennett Ensign Miller (Applause.) Biden Enzi Murray the 16-member court and its staff. He The PRESIDING OFFICER. The Sen- Bingaman Feingold Nelson (FL) dealt with, literally, thousands of cases ator from Utah. Bond Feinstein Nelson (NE) during his time as a State trial court Boxer Fitzgerald Nickles NOMINATION OF MICHAEL H. SCHNEIDER, SR. Breaux Frist judge. Pryor Brownback Graham (SC) Before serving on the bench, Judge Mr. HATCH. Mr. President, I yield Reed Bunning Grassley our minute to the distinguished Sen- Reid Watson worked for the office of then- Burns Gregg Roberts ator from Texas. Byrd Hagel Governor George Voinovich—first as The PRESIDING OFFICER. The Sen- Campbell Hatch Rockefeller Deputy Chief Legal Counsel and then, Cantwell Hollings Sarbanes from 1994 to 1995, as Chief Legal Coun- ator from Texas. Schumer Mrs. HUTCHISON. Mr. President, I Carper Hutchison sel. Prior to that, he was Chief Legal Chafee Inhofe Sessions commend Michael Schneider to my col- Chambliss Inouye Shelby Counsel to the Director of the Ohio De- leagues. He has had 25 years on the Cochran Jeffords Smith partment of Commerce. Judge Watson bench, starting as a municipal judge Coleman Johnson Snowe also spent several years in private Collins Kennedy Specter and working his way to the Supreme Conrad Kohl Stabenow practice, focusing primarily on per- Court of Texas. He is one of the most Cornyn Kyl Stevens sonal injury litigation, employment respected judges in Texas, and I hope Corzine Landrieu Sununu disputes, workers’ compensation, and all my colleagues will vote for him. Craig Lautenberg Talent criminal defense. Crapo Leahy Thomas I ask my colleague, Senator CORNYN, Daschle Levin Voinovich Without question, Judge Watson has if he wishes to finish this minute. Dayton Lieberman Warner had an impressive legal career. But The PRESIDING OFFICER. The Sen- DeWine Lincoln Wyden what really impresses me about him is ator from Texas. NAYS—1 how hard he has worked throughout his Mr. CORNYN. Mr. President, I had a Harkin life. Judge Watson has genuinely lived chance to speak earlier in support of the American dream by working hard this wonderful nomination, Judge Mike NOT VOTING—7 and overcoming the odds. Schneider. I join my colleague in en- Akaka Graham (FL) Santorum Not long after high school, the Judge Clinton Kerry enlisted in the Air Force and served for couraging each of our colleagues to Edwards Murkowski vote for him. over 3 years. When he was discharged, I also want to say how much I appre- The nomination was confirmed. he enrolled at the Ohio State Univer- ciate the ranking member of the Judi- The PRESIDING OFFICER. The sity and continued his service in the President will be notified of these ac- ciary Committee and Chairman HATCH military in the Air National Guard. for making this vote possible tonight. I tions. While in college, he married his high urge my colleagues to vote for the f school sweetheart, Lori, and they had their first son when Judge Watson was nomination. NOMINATION OF MICHAEL H. WAT- a junior in college. During all this The PRESIDING OFFICER. The Sen- SON TO BE UNITED STATES DIS- time, Judge Watson was working full- ator from Vermont. TRICT JUDGE FOR THE SOUTH- Mr. LEAHY. Mr. President, I have al- time in the Franklin County pros- ERN DISTRICT OF OHIO ready spoken in favor of Justice ecuting attorney’s office. That’s right, Schneider. Mike and I first met when The PRESIDING OFFICER. The Mr. President; Judge Watson was en- we were both much younger prosecu- clerk will report the next nomination. rolled at OSU full-time, raising a fam- tors. I urge my colleagues on this side The assistant legislative clerk read ily, serving in the Air National Guard, of the aisle to support his nomination. the nomination of Michael H. Watson, and working full-time. I yield back the remainder of my of Ohio, to be United States District When Judge Watson finished college, time. Judge for the Southern District of he enrolled in a law school night pro- The PRESIDING OFFICER. The Ohio. gram at Capital University Law question is, Will the Senate advise and The PRESIDING OFFICER. The Sen- School. During the day, Judge Watson consent to the nomination of Michael ator from Ohio. worked full-time as a court bailiff for a H. Schneider, Sr., of Texas, to be Mr. DEWINE. Mr. President, I take a well-known Franklin County judge. United States District Judge for the few minutes to speak about Judge Mi- That job evolved into a law clerk posi- Eastern District of Texas? On this chael H. Watson, who is from my home tion, in which Judge Watson remained question, the yeas and nays have been State of Ohio. He is from Columbus. As for his entire 4 years of law school. ordered. The clerk will call the roll. my colleagues are aware, President If someone in my family or I ended The assistant legislative clerk called Bush nominated Judge Watson to serve up in a Federal court, I would want a the roll. as a Federal judge in the Southern Dis- judge who could relate to me. I would Mr. MCCONNELL. I announce that trict of Ohio. want a judge who knows what the real the Senator from Alaska (Ms. MUR- I would like to take a moment to tell world is like for most Americans. I KOWSKI) and the Senator from Pennsyl- my Senate colleagues why I believe so would want a judge who knows what it vania (Mr. SANTORUM) are necessarily strongly in his nomination. Judge Wat- is like to struggle and what it is like to absent. son is exactly the sort of person we be faced with the real world. Judge Mr. REID. I announce that the Sen- ought to have serving on the Federal Watson is that kind of judge. ator from Hawaii (Mr. AKAKA), the Sen- bench. He has had a long and distin- Of course, I would also want a judge ator from New York (Mrs. CLINTON), guished career as a public servant. He who knows what he is doing and who the Senator from North Carolina (Mr. has been a judge on the 10th District will enforce the law—and Judge Wat- EDWARDS), the Senator from Florida Court of Appeals in Franklin County son has clearly proven he is qualified (Mr. GRAHAM), and the Senator from since Governor Bob Taft appointed him for the job in that respect. But what Massachusetts (Mr. KERRY) are nec- in May 2003. Judge Watson has that makes him essarily absent. From 1996 to 2003, Judge Watson really outstanding, in my view, is his The PRESIDING OFFICER. Are there served on the Franklin County Com- ability to make decisions with compas- any other Senators in the Chamber de- mon Pleas Court, a position he was ap- sion and with a true understanding of siring to vote? pointed to by then-Governor George what it is like in the real world.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8838 CONGRESSIONAL RECORD — SENATE September 7, 2004 Judge Watson will be a fine addition nominee promising not to use his judi- more than half of the district court to the District Court. In his time on cial campaign donations to buy tickets nominees sent to the Senate as late or the Ohio Court of Common Pleas and to partisan political events, which he later in the year as Judge Watson on the Ohio Court of Appeals, Judge had previously said he might do. never got a vote in committee. When a Watson has distinguished himself It also seems clear from the incom- Democrat was in the White House, only through his thoughtful legal reasoning pleteness of the Senate questionnaire consensus nominees moved this late in and his great integrity. This experience submitted by this nominee in the late the year as part of a package or agree- and his temperament make Judge Wat- spring that his answers to some of our ment, and Judge Watson was nomi- son highly qualified for the Federal standard questions were not vetted to nated too late to be part of the package District Court. determine if they were fully respon- agreed to earlier this year for con- Senator VOINOVICH and I have known sive. They were not and, in essence, we firmation votes. Michael Watson for a number of years. have been told that we have received The Senate has already confirmed As I said, this is a man who is emi- all the information this nominee is three district court nominees and two nently qualified to serve on the Federal going to give. At the same time we circuit court nominees of President bench. Mike Watson currently serves have heard that this nominee has been Bush from Ohio, some of whom have on the court of appeals in Ohio. For 7 telling people in Ohio that he has been been extremely controversial and divi- years prior to that he served on our promised that his confirmation is a sive. We moved forward with those common pleas court bench, which in done deal, and if that were true then nominations even though two of Presi- Ohio is our highest trial bench. Prior what incentive would he have to pro- dent Clinton’s nominees to Ohio were to that, among other jobs, he was the vide us with more complete informa- blocked by Republican Senators, Steve chief legal counsel for then-Governor tion. Bell and Professor Kent Markus. George Voinovich. Surely, for example, the lack of in- Steve Bell, an expert in environ- Mike Watson is an Air Force veteran. formation about some of the cases han- mental law, waited more than 16 He worked his way through night law dled by this nominee or the names of months and never was allowed a hear- school while serving at the same time opposing counsels familiar with his ing or a vote on his nomination. No one as the court bailiff in Franklin County. work made it difficult for the Amer- questioned Bell’s legal qualifications, This is a man who is respected by his ican Bar Association to speak with and unlike Judge Watson, he did not peers and respected by the men and anyone but loyal friends and col- receive a partial rating of not quali- women who practice law in front of leagues. Nevertheless, the ABA—which fied, yet he never got a hearing or a him. If you talk to people who prac- has been exceedingly generous to Presi- vote. Mr. Bell is the son of U.S. Dis- ticed law in front of Judge Watson dur- dent Bush’s judicial nominees—gave trict Court Judge Sam Bell of Silver ing the 7 years he served on the com- Judge Watson a partial ‘not qualified’ Lake, a Republican appointee to the mon pleas court bench, they will tell rating. This is cause for concern, be- Federal courts. Mr. Bell was formerly you this is a man of great integrity. cause the ABA usually gives sitting the assistant law director in the City They will tell you this is a man of judges nominated by George Bush a of Akron under Republican Mayor Roy great common sense, a man who works minimum rating of unanimously L. Ray from 1981 to 1984 and an assist- very hard, and a man of great courtesy. ‘‘qualified,’’ and often a rating of ‘‘well ant U.S. attorney, appointed by Presi- This is a man who has the right judi- qualified.’’ dent Ronald Reagan, from 1984 to 1988. cial temperament to serve on our Fed- When such a red flag is raised, it is Because he moved to northern Ohio to eral bench. our practice to seek input from the prevent any appearance of impropriety I am proud to be here this evening to legal community in the nominee’s from practicing before his father’s col- recommend to my colleagues that we home State about whether there is any leagues, this was used as the basis for confirm this nomination. I am very cause for concern, since the ABA does blocking him from getting a hearing on proud to be in the Senate to speak in not tell us the basis of its votes. In- his nomination to a seat in southern favor of the nomination of Michael deed, the credibility of the ABA’s rat- Ohio, where he was born and raised and Watson. ings has been called into question re- where he practiced law for much of his Mr. LEAHY. Mr. President, today, garding some of the inflated ratings career. He never got a hearing or a vote the Senate is considering the nomina- given to some nominees, despite seri- by Republicans. tion of Judge Michael Watson for a ous issues such as inexperience or lack Similarly, Professor Kent Markus, lifetime seat on the United States Dis- of compliance with attorney or judicial who leads the Dave Thomas Adoption trict Court for the Southern District of codes of conduct. Law Center at Capital University and Ohio. Judge Watson enjoys the strong It does appear that Judge Watson has previously served as an assistant to support of Senator DEWINE and Sen- many fans but it is also true that some, Lee Fisher and Janet Reno, never got a ator VOINOVICH, for whom he worked in from both parties, have expressed seri- hearing or a vote. According to Pro- the Ohio Governor’s office. ous concerns that he is simply too po- fessor Markus’ testimony at a hearing I noted when this matter was consid- litical to be rewarded with a lifetime about Democratic nominees who never ered by the Judiciary Committee that seat on the Federal bench. got a hearing, Senator DEWINE told proceedings on it had been rushed and I have been concerned that he is not him in 2000 that there were no objec- highly irregular. Corners had been cut the type of consensus nominee who tions to the merits of his nomination at every stage, from the noticing of his should be moving so quickly or at all but that no Clinton nominees would be hearing late on Friday of a holiday re- at this stage in a presidential election confirmed to the sixth circuit for ‘‘po- cess for a day when the majority was year. I would note that in 2000, 13 of litical reasons.’’ Yet here we are with a told no Democratic Senators could at- President Clinton’s district court Bush judicial nominee in Ohio in Sep- tend, to the promise that the hearing nominees nominated as late as Judge tember of this election year, who some would be postponed if his rating was Watson or later never got a hearing or consider to be too political, being negative—it was and the hearing was a vote in committee, and the only dis- pushed forward to confirmation. This is not. Then, of course, there was the pre- trict court nominees who received such a double standard. mature listing of his nomination on committee votes in July of that elec- As I noted in committee, I have the agenda before Members had a fair tion year were those who moved by found some of Judge Watson’s answers opportunity to review his answers to consent. I can recall no nominee with a to questions unsettling. Why was infor- written questions. partial ‘‘not qualified’’ rating getting mation about Judge Watson currently A few minutes before a committee through in July 2000. In fact, I know running for office in a partisan race meeting a lengthy letter arrived from a that anyone President Clinton nomi- not made available from the outset? Republican former colleague of Judge nated after the first quarter of 2000 for While being up for election is not dis- Watson attempting to address some of which there was a single objection by qualifying, we are justifiably wary the ethics concerns that had been any Senator never got a vote. after another nominee of President raised, and then during the meeting an- Similarly, in 1996, the last time a Bush, Ron Clark of Texas, continued to other letter was mentioned from the President was running for reelection, run for election in a partisan race after

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8839 he was confirmed by the Senate. Ac- same time, given the vital importance EMERGENCY SUPPLEMENTAL AP- cording to press accounts, even though of the ethical constraints to the public PROPRIATIONS FOR DISASTER his seat was a so-called ‘‘judicial emer- confidence in the fairness of our courts, RELIEF ACT, 2004 gency,’’ Mr. Clark asked the President such a person must exercise extra cau- Mr. FRIST. Mr. President, I ask not to sign his commission for office tion to steer clear of conduct that unanimous consent that notwith- until he finished his race and sat for could call into question his or her im- standing the adjournment of the Sen- another session in the Texas legisla- partiality under the Federal rules. If ate, that the Senate may receive from ture so that he could help elect a Re- Judge Watson were following the ad- the House the supplemental appropria- publican speaker of the house and vote vice and interpretations offered in the tions bill, the text of which is at the on things like redistricting, and Presi- letter of his friend, he would be un- desk; that the Senate then proceed to dent Bush delayed signing Clark’s ap- likely to comport his conduct with the its immediate consideration; the bill be pointment papers. After information Code of Conduct for United States read the third time, and passed, and surfaced about the White House’s will- judges which expressly applies to nomi- the motion to reconsider be laid upon ingness to delay the appointment of nees such as him. the table. Mr. Clark, he stepped out of the race I do appreciate that, despite the jus- Mr. DASCHLE. Reserving the right but told voters that they could still tifications offered by his friend, Judge to object, Mr. President, I applaud the vote for him, and he won. This was Watson has informed Senator DEWINE effort made by the majority leader and shocking and inappropriate behavior that if he is confirmed he has decided all Members of Congress to respond as by a man confirmed to sit as a Federal to donate his campaign funds ‘‘to a quickly and as comprehensively as we judge. charity dedicated to the protection of can to the extraordinary disaster we In Judge Watson’s situation we have the health and welfare of children,’’ in have now witnessed in Florida. Our heard that he is actively seeking dona- compliance with ‘‘State election laws.’’ hearts and prayers go to all of those tions for his State race while also tell- I am happy that Senator DEWINE has people who have experienced this re- ing donors that he expects to be con- been able to get the nominee to make markable set of circumstances. firmed shortly. In his written answers, these assurances and promise that he There are other areas of the country he states that he has ‘‘informed [his] and his campaign committee will dis- which have not had the same degree of contributors that [he is] in the con- close the names and amounts of his do- direct adverse weather but have suf- firmation process.’’ I was troubled by nors. fered adversely the effects in many his initial response to my question In addition to the assurances of Sen- parts of the country with regard to about what he will do with the funds he ator DEWINE, who I hold in high es- drought, in particular, in certain areas. has amassed if he is confirmed. He stat- teem, we have also heard positive The two Senators from North Dakota, ed that he has not determined whether, things about the nominee from promi- Senators DORGAN and CONRAD, in par- if he is confirmed, he will return the nent members of the legal community ticular, have been very vocal about the money to donors, contribute it to char- in Ohio since a vote on his nomination extraordinary impact it has had. South ity or use the money to ‘‘purchase indi- in committee was postponed. Some Dakota has also been very adversely af- vidual tickets to other political came from unexpected sources. I re- fected. We have had terrible drought. events.’’ This option is clearly prohib- main troubled but given the support of We have not been able to address it sat- ited by Canon 7 of the Code of Conduct the Senators from Ohio and lawyers isfactorily. There are some people now for United States judges, which applies from Ohio, I will not oppose this nomi- who are actually having to sell their to nominees, and bans such partisan nation. farms and ranches because they are unable to cope any longer with the activities as buying tickets to partisan I congratulate Judge Watson and his family on his confirmation. He is being drought circumstances. events. I ask that we might modify the con- Judge Watson’s friend subsequently given a position of great public trust, sent to provide for a single amendment wrote a letter to the Senate claiming and I hope that he will live up to the which would provide disaster assist- that the Code of Conduct for United assurances he has given to the Senate ance primarily to agricultural pro- States judges does not apply to nomi- and be fair and non-partisan as a Fed- ducers in Florida and throughout the nees, but anyone who reads Canon 1 of eral judge. country in an effort to address those the Code would see that it says, ‘‘the The PRESIDING OFFICER. If there is no further debate, the question is, needs, as well. Code is designed to provide guidance to The PRESIDING OFFICER. Does the Will the Senate advise and consent to judges and nominees for judicial of- majority leader so modify? fice.’’ That letter also asserts that the nomination of Michael H. Watson, Mr. FRIST. Mr. President, reserving nominees have one year ‘‘to come into of Ohio, to be United States District the right to object, and then I think full compliance with its terms,’’ which Judge for the Southern District of the Senator from Mississippi may want is simply incorrect. There is a narrow Ohio? to comment, as we discussed earlier exemption related to divesting from The nomination was confirmed. today, the $2 billion supplemental is The PRESIDING OFFICER. The ma- profit-sharing or deferred compensa- coming from the House later tonight, jority leader. tion arrangements that is wholly inap- almost certainly later tonight or in the plicable to the mandate of Canon 7 pro- Mr. FRIST. I ask unanimous consent the President be immediately notified morning. The purpose of passing the hibiting political activity. The letter is bill as it comes from the House, which similarly misguided when it asserts a of the Senate’s action. The PRESIDING OFFICER. Without this will in effect do, will allow the wholly new interpretation on the re- objection, it is so ordered. President to sign it very quickly be- striction against soliciting campaign cause, as we know, tomorrow FEMA is funds, by claiming that Federal judges f actually in deficiency and does not or nominees could solicit such funds as LEGISLATIVE SESSION have the money. The purpose is for us long as they did not do so ‘‘personally’’ Mr. FRIST. I also ask unanimous to get this bill passed through the and instead used agents to do so. This consent that the Senate resume legis- House, the Senate, and signed by the novel interpretation would create a lative session. President tomorrow. Such modifica- gaping hole in the Federal prohibition The PRESIDING OFFICER. Without tion would mean we would not be able against such partisan activity. Fortu- objection, it is so ordered. to do that. nately, the approach advocated by the f As we discussed earlier, there are letter has not been embraced or adopt- going to be other opportunities. As I ed by the Federal courts. MORNING BUSINESS mentioned directly to the Senator from Admittedly, the ethical rules are Mr. FRIST. I ask unanimous consent Florida, we do not know what the total rules of reason. In rare instances, like there be a period of morning business, cost will be, even for Florida; and there Judge Watson’s, an individual is not re- with Senators permitted to speak for very likely will be another supple- quired to choose between the possi- up to 10 minutes each. mental, at which time consideration of bility of a Federal judgeship and the The PRESIDING OFFICER. Without other Senators’ interests could be ex- possibility of a State judgeship. At the objection, it is so ordered. pressed.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8840 CONGRESSIONAL RECORD — SENATE September 7, 2004 I will turn to the Senator from Mis- State, which is adjacent to his, has suf- trying to obtain, so we can offer sissippi who will be managing the bill. fered for the last 4 years now from var- amendments to have the Senate con- The PRESIDING OFFICER. Is there ious disasters. After the first 2 years, sider other requests for disaster aid? Is objection? we were finally able to get the adminis- that something on which we could get The Senator from Mississippi. tration to relent and allow for one of a concurrence? Mr. COCHRAN. Mr. President, fur- those 2 years to be covered for farmers, The PRESIDING OFFICER. The ma- ther reserving the right to object, the many of whom lost their entire crop in jority leader. leader is absolutely correct when he our State. Mr. FRIST. Mr. President, I will sort suggests there may very well be an- Last year, we had another round of of restate what to the Democratic lead- other supplemental request submitted. natural disasters, and there was no dis- er we tried to say. There will be oppor- This request that is being presented to aster relief provided or authorized by tunities to consider individual States. the Senate tonight is in response to a the Congress or agreed to by the ad- Right now we have an emergency for direct request from the President for $2 ministration. Now, this year, my State the agency which responds to all of our billion to replenish a fund that has run has just experienced a frost that has emergencies—FEMA. out of money, or will be exhausted in cost $190 million in damages, and it is We have a deadline. The President the morning. likely to mount. made this specific request last night. The House is acting tonight to ap- Again, when the majority leader—I There will be opportunities to talk prove the request of the President for respect his candor—says that further about particular Senators’ interests in the additional $2 billion. The Senate requests or supplementals may be representing their constituents as to should act tonight also, without get- forthcoming, that is not much consola- what are legitimate concerns. But I do ting into discussions of additional tion to my farmers and constituents; plead, for the sake of people around the funding for other disasters or other whereas, now in the State of Florida— country, including in Florida, as we needs around the country, because this and I share the Democratic leader’s speak, that we do not, in essence, situation is an ongoing disaster in sympathies for that State because defund our Federal Emergency Man- Florida. Without these funds being there are many Minnesota residents agement Agency, FEMA, when we have made available tonight, in response to who are affected who have part-time this opportunity to take a bill that is the President’s request, they will not residencies in the State of Florida—but coming from the House, going to the be able to continue the debris removal, on behalf of those who live all the time Senate floor, requested by the Presi- providing shelter and food for those in Minnesota, they are not going to be dent of the United States, so people disaster victims who need those bene- as sympathetic when their needs con- can have shelter and can have food and fits. The disaster relief fund will be ex- tinue to be ignored and right away emergency services because the defi- hausted. Florida gets this kind of expedited as- ciency is that tomorrow they will be So my hope is we can consider addi- sistance. out of money. tional requests, such as the one being I wonder, again, what are the criteria Mr. President, let me just one more suggested by the distinguished leader and are they going to apply to any time propound the unanimous consent from South Dakota. We will carefully State other than Florida? request. consider any other requests, but to- The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. Is there night is not the time to get into the jority leader. objection? business of picking out which other Mr. FRIST. Mr. President, I will The Senator from Minnesota. amendments or additions should be in- make a very brief response because I Mr. DAYTON. Mr. President, I re- cluded in this dire emergency request talked about it a couple times on the serve the right to object to say that I we are being called upon to make to floor today. FEMA is out of money— will not object in this case but with the the Senate. FEMA is out of money—beginning in understanding that the next time, as The PRESIDING OFFICER. The about 12 hours. So without trying to go the majority leader said, there will be Democratic leader. through each request by each Senator, opportunities. If there is another sup- Mr. DASCHLE. Mr. President, I will certain criteria can be applied. FEMA plemental request, I will insist on the quickly respond. It is certainly not my will be out of money tomorrow. We are opportunity to at least have these intention to object to this request. I talking about FEMA generally. That is other requests considered. I will not think both Senators have spoken very why this $2 billion is being expedited object. accurately about the need to expedi- tonight at the request of the President The PRESIDING OFFICER. Without tiously consider this supplemental of the United States. I understand objection, it is so ordered. funding request. I will say, however, there can be many individual requests, (The text of the bill (H.R. 5005) is that the ongoing disasters—especially but the criteria are the agency in printed in today’s RECORD under ‘‘Mes- in the Dakotas but around the coun- charge of emergency management sage from the House during Adjourn- try—in areas affecting agriculture will broadly will be out of money tomor- ment.’’) have to be addressed. We cannot ignore row. f it indefinitely. We can certainly under- Mr. DAYTON. Mr. President, I do re- UNANIMOUS-CONSENT stand the need for urgent action to- spect the majority leader. AGREEMENT—H.R. 4567 night on this particular request, but I The PRESIDING OFFICER. The Sen- do hope we can come back at a later ator from Minnesota. Mr. FRIST. Mr. President, I ask date, in the not-too-distant future, to Mr. DAYTON. Thank you, Mr. Presi- unanimous consent that on Wednesday, address in a more comprehensive way dent. September 8, at 11:30 a.m., the Senate other disasters as well. The farmers in my State are out of proceed to the consideration of Cal- The PRESIDING OFFICER. The ma- money. There are farmers in my State endar No. 588, H.R. 4567, the Homeland jority leader. who were out of money last year who Security appropriations bill; provided Mr. FRIST. Mr. President, I object to have been forced into bankruptcy. How that all after the enacting clause be the proposed modification. do they make the necessary appeal to stricken and the text of S. 2537 be in- The PRESIDING OFFICER. Is there the President to get on his list? Is it serted in lieu thereof and considered as objection to the original request? required that the Governor of the State original text for the purpose of further The Senator from Minnesota. be the brother of the President? How is amendment; provided further that no Mr. DAYTON. Mr. President, reserv- this going to be handled? Because points of order be waived by virtue of ing the right to object, may I ask the based on the most recent hurricane, this agreement. I further ask consent majority leader, what are the factors Frances—again, I am sympathetic to that the only first-degree amendments that decide whether a particular dis- those affected, which includes Min- in order be related to the text of the aster merits this kind of expedited ac- nesotans, but we are going to have an- bill, homeland security, natural disas- tion and which ones do not? I certainly other request. Can we have an assur- ters, or Government security con- want to agree with what the Demo- ance there will be an opportunity at tracts, and that they be subject to rel- cratic leader just said because my that time, as the Democratic leader is evant second-degree amendments to

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8841 the first degree to which they are of- bate the amendments in an expeditious ESP will be offering these programs to the fered. Finally, I ask consent that fol- way so we can complete the bill and 20 cable television companies throughout lowing passage of the bill, the Senate get it to the President as soon as pos- Connecticut. It will be up to the individual insist on its amendment, request a con- sible. companies whether or not they want to carry the package and if they will charge extra for ference with the House of Representa- With that, I will yield the floor. I it to its subscribers. tives on the disagreeing votes of the know the distinguished Senator from ‘‘We’ve talked informally to three cable two Houses, and the Chair be author- Mississippi is going to want to make companies and so far they are very receptive ized to appoint conferees on the part of some comments at some point as well. to our idea,’’ said Bill Rasmussen, the vice- the Senate. The PRESIDING OFFICER. The Sen- president in charge of programing. Ras- The PRESIDING OFFICER. Is there ator from Connecticut. mussen was formerly the Communications objection? Mr. DODD. Mr. President, I ask unan- Director for the Whalers. imous consent to speak as in morning Scott Rasmussen will serve as Production The Democratic leader. Director and WTIC announcers Arnold Dean Mr. DASCHLE. Mr. President, reserv- business. and Lou Palmer will handle the play-by- ing the right to object, and I certainly The PRESIDING OFFICER. We are in play. will not object, but I wish to clarify morning business. The series is scheduled to get underway the matter pertaining to going to con- Mr. DODD. I thank the Chair. September 9 with a college football game. It ference. I have had a conversation with f is also probable that the company will carry the majority leader, and he has given the scholastic basketball and hockey cham- ESPN 25TH ANNIVERSARY pionships, according to Eagan. me his assurance that this would not Although the company will be based in be used as a vehicle for debt limit, and Mr. DODD. Mr. President, on a lighter note and a moment of celebration, I Plainville, it is not affiliated with any cable we do not intend for this legislation to company. It will attempt to sell its sports be a larger omnibus bill. I know some would like to take a few minutes of the programing to the individual companies. Senate’s time to congratulate an insti- colleagues perhaps on both sides of the Mr. DODD. That story was the har- tution located in my home State of aisle have expressed that concern. I binger of what has become one of the Connecticut which is going to be cele- think we can say with confidence that great stories of the media in the last brating today its 25th anniversary as is not the intent. 100 years or longer. It is also my hope that this unani- an institution. I speak of ESPN, the It is not an exaggeration to say that mous consent agreement would be the network which is enjoying 25 years of ESPN has radically changed the way first installment perhaps of a series existence as a network. we see, hear, and follow sports, not I want to read the lead paragraph which would also include a finite list, only here in America, but around the from a newspaper article that appeared perhaps within the next 24 hours or so, world. The network has truly become, on June 27, 1979, in the Journal In- that would give us a clear under- as its slogan proclaims, ‘‘The World- quirer, a newspaper located in Con- standing of what these amendments wide Leader in Sports.’’ may be. But we would ask for coopera- necticut. The lead paragraph of this Over the past quarter-century, ESPN tion on both sides of the aisle in that story reads as follows: has transformed itself from a minus- there will be plenty of opportunities Cable television may be the place for over cule cable television network to one of and other circumstances to offer 150 hours of local sports programming starting this fall. The Entertainment and Sports the leading names in national media, amendments that may exceed the Programming Network— reaching over 94 million Americans bounds of this agreement. But I am each week. If ESPN were an athlete, it ESPN— real hopeful we can get good bipartisan would be the little-known draft pick cooperation and complete the work on an independent cable television production company, announced here Monday plans to from a small school who made it all the time. televise up to 20 hours a week— way to the Hall of Fame. But I would ask the majority leader It is hard to believe it today, but in Think of that, 20 hours a week— if he could confirm the clarification those early years, ESPN found it dif- with regard to intent when we go to of both professional and amateur local sports ficult to fill up its schedule with programming. conference. sports. The June 27, 1978 issue of one of Mr. FRIST. Mr. President, this is an That was 25 years ago. I ask unani- our local newspapers, the Journal-In- extension of a conversation we have mous consent that this news story be quirer, under the headline ‘‘Network had. Again, we have been talking over printed in the RECORD. Planning TV Sports,’’ reported the There being no objection, the mate- the course of the day as to how we can, modest goals of a new station that rial was ordered to be printed in the as quickly as possible, address the would televise ‘‘up to 20 hours a week RECORD, as follows: Homeland Security appropriations bill of both professional and amateur local that the distinguished manager will be [From the Journal Inquirer, June 27, 1978] sports programming.’’ talking to shortly, sort of introducing NETWORK PLANNING TV SPORTS Today, to say that ESPN has man- what we will be talking about tomor- (By Matt Buckler) aged to fill its schedule is an under- row. PLAINVILLE.—Cable television may be the statement. Today, if one is asked the Indeed, the Democratic leader is cor- place for over 150 hours of local sports pro- question, ‘‘What’s on ESPN,’’ the most rect. This will not be a vehicle either gramming starting this fall. The Entertain- appropriate response might be, ‘‘Which for addressing the debt limit or for an ment and Sports Programing Network, an ESPN do you mean?’’ There is ESPN, independent cable television production omnibus appropriations type bill. We company, announced here Monday plans to the flagship network. There is ESPN2. will work together on this very impor- televise up to 20 hours a week of both profes- There is ESPNEWS, the 24-hour sports tant bill to efficiently, effectively, and sional and amateur local sports programing. news station. There is ESPN Classic, deliberately consider amendments that Among the programs scheduled to begin in where nostalgic sports fans can relive are appropriate for homeland security September are 12 state college football the exploits of Mickey Mantle, Jim and then bring this to closure after ap- games and 24 state college basketball games. Brown, Muhammad Ali, and countless propriate debate and amendment. His Also in the planning stage is the televising others. There is ESPN Deportes, a 24- of the New England Whaler road games. understanding is correct. ‘‘We’ve had two exploratory meetings with hour Spanish-language sports network, The PRESIDING OFFICER (Mr. TAL- the Whalers and we have a full-blown pro- not to mention ESPN International ENT). Without objection, it is so or- posal in the works,’’ said Ed Eagan, presi- and ESPN Radio. And, of course, there dered. dent of Cable Promotions. ‘‘We could be tele- is ESPN.com, which has become one of Mr. FRIST. Mr. President, the Home- vising more Whaler games than have ever the most popular sites on the internet, land Security appropriations legisla- been on television before.’’ much to the dismay of office managers tion is the bill that we will be going to Other sports events scheduled to be shown everywhere. first thing tomorrow. It is a bill that is in the first phase of the project, which will ESPN has truly lived the corporate run from September 9 to Memorial Day, are important. It is a bill that we need to a sports magazine show, which will feature version of the American dream. As its address for the safety and security of such topics as hot air ballooning and hang announcers might say, when it comes the American people. I am very hopeful gliding, a Gordie Howe instructional hockey to sports broadcasting, you can’t stop we can address both concerns and de- series, and a talk show with Colleen Howe. ESPN; you can only hope to contain it.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8842 CONGRESSIONAL RECORD — SENATE September 7, 2004 Yet even as it has transformed itself ghanistan, and elsewhere. We are fight- Much of that success is thanks to into a media giant, for 25 years now, ing a global campaign against ter- MADD’s efforts to change public atti- ESPN has called only one place home— rorism. tudes and raise social awareness of the the city of Bristol, in my home State But even during these difficult times, dangers of impaired driving. of Connecticut. sports have the power to capture our We still have much to do. Since 2000, Some might question why a network attention. It is an inescapable fact that about half of all the traffic related of ESPN’s stature might prefer a quiet sports are woven into the fabric of deaths in South Dakota were alcohol city of only 60,000 people to the glitz American life. The spirit of competi- related. In the face of this challenge, and glamour of New York City or Hol- tion; the importance of fair play; cour- the MADD chapter of Pennington lywood. But, those of us who live in age in the face of adversity—these are County has been active in outreach, co- Connecticut aren’t the least bit sur- all American values that we can and do ordinating with the police department prised that ESPN’s executives, work- celebrate with our enthusiasm for to educate the owners and staffs of res- ers, and broadcasters have chosen not sports. taurants and bars, as well as high only to work in central Connecticut, Sports have the power to inspire us school and college students. but to buy homes and raise their fami- all to strive for greater and loftier Two women in particular have made lies there as well. heights. Who can forget Willis Reed a difference, and they deserve special We are also especially proud of our limping onto the floor at Madison recognition. Lila Doud, who is the cur- ‘‘homegrown talent,’’ those ESPN Square Garden in 1970, or the 1980 U.S. rent Chapter President, and Janice broadcasters who first made a name for Olympic hockey team’s ‘‘Miracle on Morehouse, the Secretary/Treasurer, themselves at local stations in Con- Ice,’’ or the American women’s team have been working with the MADD necticut. Most notably, of course, there winning the 1999 World Cup? Pennington County chapter since its is my friend Chris Berman, a native of True, sports can inspire fierce rival- inception 20 years ago. All the volun- Greenwich. Back when I was a member ries. We in Connecticut, who live on teers and sponsors of MADD Pen- of the House of Representatives, Chris the front lines of the Yankee-Red Sox nington County have much to be proud was a weekend anchor with WVIT–TV, divide, know that better than anyone. of and I am grateful for their commit- Channel 30, in Hartford. His head of But more significantly, sports can ment to public safety, victim services, hair was much fuller then, and mine unite us. At no time was that clearer and education. All of South Dakota was much darker. In the two-and-a-half than in the aftermath of the attacks of owes them a great debt and we thank decades since, Chris has become one of September 11, when the sight of base- them for their service. ESPN’s most well-known and beloved ball and football players taking the on-air personalities. field helped restore a sense of nor- f Over the course of its 25 years, ESPN malcy, and in a small way, helped our has set records, reached numerous Nation begin to heal. THE RIGHT COURSE FOR THE milestones, become a household name, For the past 25 years, ESPN has ECONOMY and revolutionized sports coverage as helped bring the exciting, emotional, we know it. and magical world of sports into the Mr. DASCHLE. Mr. President, I al- Whenever a major event takes place living rooms of millions and millions of ways find it of interest when a promi- in the world of sports, fans know that Americans. And in doing so, they have nent member of corporate America ESPN will bring them the latest news, become a part of American history. steps forward to offer a refreshing per- the first interviews, and the deepest I wish everyone at ESPN a very spective on the economic challenges coverage. Thanks to ESPN, fans across happy 25th anniversary, and I wish our country faces today. the Nation watched live when Cal them nothing but success in the years To that end, I would like to call the Ripken passed Lou Gehrig, when Mark to come. Senate’s attention to two pieces of McGwire tied Roger Maris, and when Mr. President, I yield the floor and commentary written by Leo Hindery, the World Cup was played in the United suggest the absence of a quorum. Jr. and published over the summer re- States for the very first time. ESPN The PRESIDING OFFICER. The cess. has also made countless innovations in clerk will call the roll. Mr. Hindery, as many of my col- the world of sports broadcasting, intro- The assistant legislative clerk pro- leagues are aware, has served as the ducing techniques like the ‘‘helmet- ceeded to call the roll. CEO of TCI and AT&T Broadband, and cam,’’ the ‘‘K Zone,’’ the ‘‘player Mr. MCCONNELL. Mr. President, I more recently as the chairman of the mike,’’ and ultra-slow-motion replay. ask unanimous consent that the order YES Network. He has a keen under- Of course, one can’t discuss ESPN for the quorum call be rescinded. standing that corporations have obliga- without mentioning their most well- The PRESIDING OFFICER. Without tions both to their shareholders, but known news program, SportsCenter. objection, it is so ordered. also to the communities in which they Watched by as many as 88 million peo- f operate, and the American economy ple each month, SportsCenter is a phe- they fuel. nomenon within a phenomenon, a pro- MADD Mr. Hindery’s first piece is on the gram that has carved out its own niche Mr. DASCHLE. Mr. President, I rise subject of outsourcing, and he argues in American culture. today to congratulate and thank the that offshoring of jobs is not inevi- By combining all-star coverage with members, volunteers, and sponsors of table, nor is it often the best long-term a knack for wit, SportsCenter has be- Mothers Against Drunk Driving, or strategy for American companies. come the model that all other sports MADD. MADD and its mission ‘‘to stop His second talks about the need to programs emulate. Its announcers have drunk driving, support victims of this see through the sky-is-falling claims of perfected a style that is, as one of them violent crime and prevent underage some interest groups and weigh both might put it, ‘‘as cool as the other side drinking’’ has become the largest policy and electoral decisions on a sim- of the pillow.’’ Professional athletes crime victims’ assistance organization ple standard—what is the best thing to admit that they stay up late after in the world, with more than 3 million do, not just for a few who are well-off game nights to watch their own high- members and supporters. and well-connected, but for the econ- lights on the 1 a.m. SportsCenter. Even This month marks the 20th anniver- omy as a whole? in games of sandlot baseball or pickup sary of South Dakota’s Pennington Again, I think these pieces of insight basketball, players have adopted the County chapter of MADD. MADD Pen- and analysis would be of interest to lingo of ESPN announcers, calling ex- nington County shares this anniver- those of us who are entrusted to make ceptional plays ‘‘SportsCenter high- sary with the enactment of the Na- decisions about the policies America lights’’ or ‘‘web gems.’’ tional Uniform 21 Minimum Drinking adopts, and I ask unanimous consent There is a great deal of uncertainty Age Act, one of the organization’s that they be printed in the RECORD. in our Nation today. We have an elec- greatest victories. Since the law was There being no objection, the mate- tion in less than two months. Our passed in 1984, over 20,000 young lives rial was ordered to be printed in the troops are on the ground in Iraq, Af- have been saved from highway crashes. RECORD, as follows:

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8843 [From the San Jose Mercury News, Aug. 5, cost-cutting gains that outsourcing some- Americans and cheaper for businesses. The 2004] times provides and focus instead on the long- other 98 percent of Americans and the busi- WHEN OUTSOURCING TAKES YOUR JOB, THEN IT term costs and devastation to employees and nesses whose healthcare costs would be lower WILL MATTER our national economy. should welcome the choice between better And political candidates will have to show (By Leo Hindery, Jr.) healthcare and tax cuts for the wealthy. they understand the voters’ call for action. The business community has also tradi- A recession is when someone else loses his Because this election should be about get- tionally, and rightly, been concerned about or her job; a depression is when you lose your ting the economy moving and about who will massive government borrowing. But under job. I was reminded of this adage when a re- best protect the middle class and those striv- the Bush administration, we have seen huge cent report by three Bay Area groups said we ing to join it. budget surpluses turned quickly into crush- shouldn’t worry about outsourcing of good ing deficits. That, too, takes a toll on con- jobs to other countries. Those losing their [From the Financial Times, Aug. 10, 2004] sumer and business confidence. jobs would beg to differ. BUSH’S ECONOMY IS FOR THE ELITE FEW Make no mistake about it. There is a big Throwing in the towel, one of the report’s (By Leo Hindery) distinction between the US Chamber and sponsors asid, ‘‘Offshoring is here to stay.’’ local Chambers. The local Chambers hon- That’s particularly troubling when a UC- Within an hour of John Kerry’s selection of estly focus on what is good for their commu- Berkeley analysis found that one-in-six jobs John Edwards as his running mate, the US nities. They understand that jobs and wages are at risk of being exported from Silicon Chamber of Commerce said it was forced to are essential for their business members to Valley. abandon its position of ‘‘neutrality’’ because have customers and for their cities and re- But voters aren’t buying the lines coming Mr Edwards was ‘‘hostile to business’’ I could gions to thrive. from think tanks and Washington. First, almost hear the laughter in corporate board- Yes, the US Chamber would like to dis- they were told that he few jobs lost would be rooms across the country. To argue that the tract attention from the economy and scare quickly replaced. They weren’t. Then Presi- Chamber intended to be, or has ever been, Americans about the Democratic ticket. But dent Bush’s economic adviser said outsourc- politically ‘‘neutral’’ reminds me of the film in this election year, voters must make a ing jobs was actually good in the long run. Casablanca when Claude Rains expresses distinction between policies that will create Displaced workers know better. And now, it shock that gambling was taking place in jobs and value for shareholders and organiza- seems, the new line is that nothing should be Rick’s Cafe. tions that speak and act at the whim of en- done. Voters don’t buy inaction, either. The line revealed the dirty little secret of trenched management and the economic Offshoring of jobs is not inevitable. There’s the US Chamber of Commerce. It is run by elite. much government can do, and it should act the wealthy chief executives of the nation’s Today, the Bush administration and the before more good jobs disappear and the mid- biggest companies. US Chamber are trying to twist even the dle class shrinks even more. It is easy to see why enormously rich busi- questionable adage of Calvin Coolidge that First, we must ensure that free trade is nessmen believe more personal income and ‘‘the business of America is business’’ into also fair trade. How can we keep manufac- lower taxes are good for them. But what is something far worse, namely that ‘‘the busi- turing jobs in America when foreign com- good for an individual chief executive’s wal- ness of America is about super-rich CEOs and petitors often employ children, pay pennies, let does not translate into being ‘‘good for executives’’. Instead, we need a team who provide little or no benefits and ignore envi- business’’ or for the nation’s economy. will, as Franklin Delano Roosevelt did, ‘‘save ronmental standards? Likewise, how can we What businesses and the economy need are capitalism from the capitalists’’. keep high-quality customer and technical- full employment, or as full as possible, and Americans have a fundamental choice to service jobs here when employees in Ban- strong consumer demand, generated by a make in November, and the economy will be galore, India, earn $200 to $300 a month for combination of consumer confidence and fair an important issue. The US Chamber hopes jobs that pay Americans $2,000–$3,000? compensation. The Bush-Cheney ticket is voters will—ignoring the facts, history and America has a responsibility to the rest of failing that test. They adopt ‘‘anything-goes- the candidates’ records—assume that Repub- the world, especially developing countries, for-big-business’’ policies, continue to push licans are better for the economy than to foster responsible free trade. But we can for ever-lower tax rates for the wealthiest Democrats. But the voters should avoid this no longer condone—or support—practices Americans, defend self-serving executive knee-jerk reaction, and make the distinction that pay subsistence wages, violate child compensation packages and condone benign between what is good for the elite few and labor standards and degrade the environ- regulation of corrupt practices. what is good for the economy as a whole. ment. The latest sign of how what is really good Second, we must responsibly use our na- for ordinary citizens and the economy is Then it will be clear who will really do the tion’s corporate tax laws to provide incen- being flipped on its head is George W. Bush’s best job of looking out for them and who will tives for American businesses to keep high- spin on sluggish job-growth numbers. Now, get our economy moving again. quality jobs here. Today, corporations take he contends, that bad is good. In response to f advantage of tax benefits by shipping oper- the far lower than expected employment ations overseas, shielding profits earned numbers for June, he said: ‘‘Steady growth. TRIBUTE TO CHIEF OLIVER RED there. Sen. John Kerry has rightly proposed That’s important. We don’t need boom-or- CLOUD eliminating that loophole, which is a glaring bust-type growth.’’ Mr. DASCHLE. Mr. President, on Au- incentive to move operations overseas and But when the number of new jobs created gust 7, I had the privilege of honoring keep them abroad by reinvesting profits this year fails to keep up with the growth in Chief Oliver Red Cloud at an important there. the adult population—a trend confirmed by We should also adopt a levy on corpora- last Friday’s job numbers for July—a little gathering in South Dakota, the Oglala tions that use loopholes to escape taxation. more boom and a little less steady stagna- Lakota Nations Pow-wow. Chief Red That would help redress the imbalance be- tion would certainly be helpful. Cloud has led an amazing exemplary tween job retention and untaxed overseas Certainly the unemployed and businesses life from which all of us could learn. I profits, and aid workers who lose jobs in part that need to sell products and services to want to share with my colleagues my because of skewed tax policies. people with incomes are getting weary of the thoughts on this outstanding leader Part of the bargain that was supposed to disappointing growth. For the first time in and ask unanimous consent that my accompany ‘‘free trade’’ was help for workers more than seven decades, there are fewer August 7 remarks be printed in the who lose their livelihood through no fault of jobs at this point in an election year than their own. Workers need retraining for new there were when the current president was RECORD. careers when industries disappear. They need inaugurated. A net 2.6m manufacturing jobs The PRESIDING OFFICER. There unemployment benefits and medical bene- have been lost since 2001. being no objection, the following mate- fits. And anyone whose job has been outsourced rial was ordered to be printed in the Action on outsourcing would be far less ur- to other countries should appreciate Mr. RECORD. gent if enough jobs were being created here Kerry’s call to end tax loopholes and benefits STATEMENT OF SENATOR TOM DASCHLE at home. But today’s lukewarm economic re- that provide an incentive for shipping jobs HONORING CHIEF OLIVER RED CLOUD covery provides no place for laid-off workers overseas and keeping the profits there. to go. Compounding the problem, far too many of OGLALA LAKOTA NATIONS POW-WOW, AUGUST 7, None of this is ‘‘protectionism,’’ except the jobs being created are low-wage positions 2004 that it will protect foreign workers and na- with few benefits. Overall, wages for non-su- It is my honor and privilege to stand be- tions from exploitation, the U.S. tax code pervisory workers have failed to keep up fore my friends and pay tribute to a great from encouraging companies to offshore with inflation over the past year. man—a man who represents the four values jobs, and American workers from the un- But jobs and wages are not all that mat- of the Lakota: generosity, respect, courage, checked whims of globalization. ters. Instead of Mr. Bush’s big tax cuts for and wisdom. He is a well known and re- Corporate leaders need to work smarter. the top 2 percent of Americans, the Kerry- spected traditional leader. He is Chief Oliver Having served as a CEO, I know the pressures Edwards ticket would reform healthcare. Red Cloud. to outsource can be intense. But business ex- That would make health insurance more As a fourth generation descendent of ecutives must look beyond the short-term, available and affordable for millions of Makhpiya-Luta, Chief Red Cloud carries on a

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8844 CONGRESSIONAL RECORD — SENATE September 7, 2004 honorable tradition. Like his great-grand- by homemade bombs about 150 miles Balad, Iraq. With his entire life before father, he has a proud history of maintaining north of Baghdad. him, Donald chose to risk everything the traditional ways of his peoples, and Dustin was born August 22, 1978, in to fight for the values Americans hold fights tirelessly to improve living standards Texarkana, TX. He attended high close to our hearts, in a land halfway on the reservation. In 1870, Chief Red Cloud’s around the world. great-grandfather spoke in New York City, school in El Dorado, KS, and in Shir- saying, ‘‘We do not want riches, we do not ley, AR, before going into the Air Donald spent his early childhood ask for riches, but we want our children Force in 1997. Dustin received the through part of high school in South properly trained and brought up.’’ Chief Red Bronze Star and the Purple Heart post- Bend before moving to Michigan. He Cloud continues to carry out that call, pre- humously. The Bronze Star Medal is joined the Army National Guard short- serving the Lakota way of life, so that young given to individuals who distinguish ly thereafter, following a long family children will have the opportunity to em- themselves by heroism, outstanding tradition of military service. Accord- brace their language and culture. achievement or meritorious service ing to family and friends, enlisting was As many of you know, he gives unselfishly something he felt he needed to do. Don- of himself to help those in need. He is gen- while serving in a combat theater, according to base officials. Dustin re- ald was assigned to the 1st Battalion, erous with his knowledge—offering guidance 161st Infantry Regiment, Army Na- to those who seek it. I know this, because ceived his for heroism. even as I visited him in the hospital to offer Dustin is survived by his son, Dalton, tional Guard, Moses Lake, WA. Pre- him my support, he was offering me his wis- of El Dorado, KS; his mother, Linda viously, he served with an Army Re- dom. Benning, of Shirley, AR; and his father, serve unit based in Fraser for almost 2 Chief Red Cloud offers guidance to those Dennis, of Enid, OK. years. This past spring, Donald was de- who seek it, and I am thankful to be a recipi- His fellow airmen said of Dustin that ployed to Iraq, where he bravely fought ent of his wisdom. Because of his wisdom and ‘‘you could count on . . . his service to for 3 months before sacrificing his life his passion, Chief Red Cloud has been able to our country and others always came for the worthy cause of freedom. Rick bridge differences, find creative solutions to Monier, Donald’s grandfather told the problems facing the Great Sioux Nation, and ahead of his own needs and desires. His loss has touched us deeply, and we will Detroit Free Press, ‘‘It was sad he had make sure the voices of his people are heard. to pass away—he or any other soldier— In so doing, he has earned the respect of In- miss him.’’ Not only will his fellow air- but it was for freedom, and he believed dian nations and strengthened this Nation’s men miss him but a grateful Nation in the cause.’’ independence and sovereignty. will miss him. His sacrifice will never Donald was the thirty-first Hoosier As Makhpiya-Luta once said, ‘‘All I want be forgotten. is right and just.’’ soldier to be killed while serving his PRIVATE VAN RYAN MARCUM We have challenging times ahead of us, country in Operation Iraqi Freedom. breaking down barriers that have existed for Mr. President, today I also wish to This brave young soldier leaves behind far too long; but by working together we can pay tribute to a brave young Arkansan his mother, Darcy Lewis; his stepfather build a society where each individual and who lost his life training to become a Benjamin Lewis; his father, Donald community becomes whole. member of the United States Army. McCune; his sister, Casandra That, too, is what is right and just. PVT Van Ryan Marcum, 21, a native of Karczewski; his brother, Josh McCune; Please join me in honoring Chief Red Cloud Prescott, AR, was electrocuted June 19 his grandmother, Gladys Gilbert; his for his leadership, counsel and guidance. I during an infantry basic training exer- grandfather, Rick Monier; his step- know we will continue our dialogue, and I cise when he touched a metal structure look forward to working with all of you. grandmother, Dianne Ronier; and his electrically charged by a faulty light maternal great-grandmother, Beth Gil- f fixture. bert. HONORING OUR ARMED FORCES Van Ryan Marcum was memorialized Today, I join Donald’s family, his at Fort Benning, GA. Joining the 220 CORPORAL TOMMY L. PARKER friends and all Americans in mourning soldiers from Charlie Company, with his death. While we struggle to bear Mrs. LINCOLN. Mr. President, today whom Marcum served, were his moth- our sorrow over this tremendous loss, I rise to pay tribute to an authentic er, grandmother, uncle and other fam- we can also take pride in the example American hero who gave his life in the ily members invited to witness the he set, bravely fighting to make the defense of his Nation. Cpl Tommy L. tribute to the young man so interested world a safer place. It is his courage Parker, Jr., 21, of Heber Springs was in becoming an Army Ranger. As the and strength of character that people one of four marines killed June 21 in ceremony unfolded, some soldiers will remember when they think of Don- Ramadi, Iraq. He was serving with a grieved silently with bowed heads; oth- ald, a memory that will burn brightly sniper platoon of the First Marine Di- ers could not suppress quiet sniffles as during these continuing days of con- vision out of Camp Pendleton, CA. the music played and the tributes were flict and grief. Tommy was a 2001 graduate of Triple delivered. Donald was known for his dedicated S Christian Academy. The Rev. John CPT Kevin Salge, commander of spirit and his love of country. When Bishop, who taught Tommy, praised Charlie Company, was quoted as saying looking back on the life of her late son his devotion to his faith, saying that that it was an honor to count among and his plans for the future, Darcy told even when surrounded by tough ma- his unit’s soldiers a trooper such as the Detroit Free Press, ‘‘He knew the rines he was not too shy to give wit- Marcum, who had a bright future in risks of fighting and had even talked ness to his beliefs. As Tommy prepared the military. ‘‘As soon as he completed about returning to Iraq after his stint to leave for Iraq, Bishop said Parker’s a task he was ready for another. He was over and doing security work.’’ wife told him, he remarked that the ex- carried his weight and more,’’ Salge Today and always, Donald will be re- perience was bringing him closer to said. ‘‘He would have been a great addi- membered by family members, friends God. tion to the Army.’’ and fellow Hoosiers as a true American Tommy is survived by his wife, Carla Van’s desire to defend his Nation is a hero and we honor the sacrifice he Parker; his daughter, Lara; and his tribute to his courage and dedication. made while dutifully serving his country. parents, Tommy and Renatta. We honor the sacrifice he made in the As I search for words to do justice in Tommy’s sacrifice is a shining exam- service of his country. ple of the commitment that is nec- honoring Donald’s sacrifice, I am re- essary to keep this Nation free. When f minded of President Lincoln’s remarks his Nation called, he answered. Our SPECIALIST DONALD R. MCCUNE II as he addressed the families of the fall- prayers and gratitude go out to his Mr. BAYH. Mr. President, I rise en soldiers in Gettysburg: family for the great service that today with a heavy heart and deep We cannot dedicate, we cannot consecrate, Tommy rendered to our Nation. we cannot hallow this ground. The brave sense of gratitude to honor the life of a men, living and dead, who struggled here, STAFF SERGEANT DUSTIN W. PETERS brave young man who grew up in South have consecrated it, far above our poor Mr. President, today I also wish to Bend, IN. SP Donald R. McCune II, 20 power to add or detract. The world will little pay tribute to a brave Arkansan who years old, died on August 5 in a hos- note nor long remember what we say here, gave his life for the cause of freedom. pital in Landstuhl, Germany from inju- but it can never forget what they did here. Air Force SSgt Dustin W. Peters was ries sustained after an explosive device This statement is just as true today killed July 11 when his convoy was hit detonated near his patrol vehicle in as it was nearly 150 years ago, as I am

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8845 certain that the impact of Donald’s ac- man’’ was, her grandson responded, ‘‘A young soldier leaves behind his wife tions will live on far longer than any soldier, like my father.’’ Aside from Donna Heath; his son Derek; and his record of these words. being a soldier, Luis enjoyed playing stepdaughter, Angela Riffel. May Da- It is my sad duty to enter the name video games and basketball and writing vid’s children grow up knowing that of Donald R. McCune II in the official poetry. Today and always, Luis will be their father gave his life so that young record of the United States Senate for remembered by family members, Iraqis will some day know the freedom his service to this country and for his friends and fellow Hoosiers as a true they enjoy. profound commitment to freedom, de- American hero and we honor the sac- Today, I join David’s family, his mocracy and peace. When I think about rifice he made while dutifully serving friends and the entire LaPorte commu- this just cause in which we are en- his country. nity in mourning his death. While we gaged, and the unfortunate pain that As I search for words to do justice in struggle to bear our sorrow over his comes with the loss of our heroes, I honoring Luis’ sacrifice, I am reminded death, we can also take pride in the ex- hope that families like Donald’s can of President Lincoln’s remarks as he ample he set, bravely fighting to make find comfort in the words of the proph- addressed the families of the fallen sol- the world a safer place. It is his cour- et Isaiah who said, ‘‘He will swallow up diers in Gettysburg: ‘‘We cannot dedi- age and strength of character that peo- death in victory; and the Lord God will cate, we cannot consecrate, we cannot ple will remember when they think of wipe away tears from off all faces.’’ hallow this ground. The brave men, liv- David, a memory that will burn bright- May God grant strength and peace to ing and dead, who struggled here, have ly during these continuing days of con- those who mourn, and may God be with consecrated it, far above our poor flict and grief. all of you, as I know He is with Donald. power to add or detract. The world will David, a fourth-generation soldier, PRIVATE FIRST CLASS LUIS A. PEREZ little note nor long remember what we was known for his dedication to family Mr. President, I also rise today with say here, but it can never forget what and his love of country. When looking a heavy heart and deep sense of grati- they did here.’’ This statement is just back on David’s life, family friend tude to honor the life of a brave young as true today as it was nearly 150 years Robin Dingman told WSBT–TV of man who grew up in East Chicago, IN. ago, as I am certain that the impact of South Bend that ‘‘He loved his kids, he PFC Luis A. Perez, 19 years old, died on Luis’ actions will live on far longer loved his wife, he love NASCAR, but August 16 when the fuel truck he was than any record of these words. that was a given. As bad as this is, he driving struck a land mine in Iraq. It is my sad duty to enter the name died nobly, and that is a great honor.’’ With his entire life before him, Luis of Luis A. Perez in the official record of Today and always, David will be re- chose to risk everything to fight for the U.S. Senate for his service to this membered by family members, friends the values Americans hold close to our country and for his profound commit- and fellow Hoosiers as a true American hearts, in a land halfway around the ment to freedom, democracy and peace. hero and we honor the sacrifice he world. When I think about this just cause in made while dutifully serving his coun- Luis spent his early childhood in which we are engaged, and the unfortu- try. East Chicago where he attended nate pain that comes with the loss of As I search for words to do justice in McKinley Elementary School before our heroes, I hope that families like honoring David’s sacrifice, I am removing to Hammond and attending Luis’ can find comfort in the words of minded of President Lincoln’s remarks Morton High School. He joined the the prophet Isaiah who said, ‘‘He will as he addressed the families of the fall- Army Reserves shortly after grad- swallow up death in victory; and the en soldiers in Gettysburg: ‘‘We cannot uating from high school, following in Lord God will wipe away tears from off dedicate, we cannot consecrate, we his father’s footsteps of military serv- all faces.’’ cannot hallow this ground. The brave ice. Luis was assigned to the 223rd May God grant strength and peace to men, living and dead, who struggled Transportation Company, United those who mourn, and may God be with here, have consecrated it, far above our States Reserve, Norristown, PA. This all of you, as I know He is with Luis. poor power to add or detract. The summer, Luis was deployed to Kuwait SERGEANT DAVID M. HEATH world will little note nor long remem- and from there was sent to Iraq, where Mr. President, it is with a heavy ber what we say here, but it can never he bravely fought before sacrificing his heart and deep sense of gratitude to forget what they did here.’’ This state- life for the worthy cause of freedom. honor the life of a brave young man ment is just as true today as it was Luis was the thirty-third Hoosier sol- from LaPorte, IN. SGT David M. nearly 150 years ago, as I am certain dier to be killed while serving his coun- Heath, 20 years old, died on August 16 that the impact of David’s actions will try in Operation Iraqi Freedom. This in the Sadr City district of Baghdad live on far longer than any record of brave young soldier leaves behind his when his patrol came under a small these words. wife, Theresa; his mother, Maria Mi- arms and rocket-propelled grenade at- It is my sad duty to enter the name randa; his father, Jose; his grand- tack. With his entire life before him, of David M. Heath in the official record mother, Clara Madrigal; and two sis- David chose to risk everything to fight of the U.S. Senate for his service to ters. for the values Americans hold close to this country and for his profound com- Today, I join Luis’ family, his friends our hearts, in a land halfway around mitment to freedom, democracy and and all Americans in mourning his the world. peace. When I think about this just death. While we struggle to bear our David attended New Prairie High cause in which we are engaged, and the sorrow over this tremendous loss, we School until 10th grade before moving unfortunate pain that comes with the can also take pride in the example he to nearby LaPorte. There, he met his loss of our heroes, I hope that families set, bravely fighting to make the world wife Donna, and in September 2001 de- like David’s can find comfort in the a safer place. It is his courage and cided to join the military to support words of the prophet Isaiah who said, strength of character that people will his family and make his father proud. ‘‘He will swallow up death in victory; remember when they think of Luis, a After his first 10-month assignment in and the Lord God will wipe away tears memory that will burn brightly during Iraq in 2003, David returned home but from off all faces.’’ these continuing days of conflict and decided to re-enlist expecting to move May God grant strength and peace to grief. to Germany. Instead, his orders were to those who mourn, and may God be with Luis was known for his dedicated report to another tour of duty in Iraq. all of you, as I know He is with David. spirit and his love of country. Accord- David’s stepfather, Ed Modjeska, told PETTY OFFICER 3RD CLASS ERIC KNOTT ing to family and friends, enlisting was the Laporte Herald-Argus that David Mr. HAGEL. Mr. President, I rise to something Luis had wanted to do since realized his second trip overseas would express my sympathy over the loss of he was very young. His grandmother, be dangerous, ‘‘but he knew he had to Eric Knott of Grand Island, NE, a Clara Madrigal told the Times of go, it was his job. . . . He wanted to Petty Officer 3rd Class in the U.S. Northwest Indiana that she remembers serve his country.’’ Navy. Petty Officer Knott was killed in Luis as a boy saying that he wanted to David was the 32nd Hoosier soldier to Iraq on September 4 in a mortar attack grow up and be a ‘‘green man.’’ When be killed while serving his country in while working at a construction site. Clara inquired as to what a ‘‘green Operation Iraqi Freedom. This brave He was 21 years old.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8846 CONGRESSIONAL RECORD — SENATE September 7, 2004 Petty Officer Knott will be remem- ficer that others wanted with them on In Nebraska, we sympathize with the bered as a proud individual dedicated patrol, and his willingness to put his victims of natural disasters, whether to serving his country. He joined the life in danger to help another officer is they be caused by hurricanes, floods, or U.S. Navy in 2001 after graduating from the ultimate proof of the kind of man tornadoes. Presently, my State is fac- Grand Island Senior High School and he was. ing its fifth straight year of record became a Navy Seabee so he could Officer Laird was a devoted family drought, which as you know has a dam- learn specialty welding and help oth- man who relished his time with loved aging effect on the agricultural indus- ers. Petty Officer Knott spent about 9 ones. He leaves behind his wife, Jen- try, as well the mainstreet of every Ne- months in Iraq last year and was re- nifer; his daughter, Kaylee; his father, braska community. Multiple years of cently redeployed in August. He had Tim Althouse; and his stepmother, drought have cost our Nation billions just been promoted and was overseeing Barb; his mother and stepfather, of dollars in economic losses and has a three-person unit. Debbie and Michael Laird; his two many farmers wondering whether they Petty Officer Knott is survived by his brothers, one sister and two step- will be able to carry on. They are not parents Randy Knott of Grand Island brothers. in this position because of poor plan- and Vera Thorpe of Hastings; step- In the wake of his death, friends, ning or some unfortunate weather inci- mother, Teri Knott of Grand Island; neighbors and fellow officers came to- dent but rather as the result of a con- step-father Steve Thorpe of Hastings; gether to praise Officer Laird’s brav- tinuous natural disaster that once brothers William and Tim of Seward; ery, selflessness and love for his fam- again has turned upside down the hopes sister Angela of Lincoln; and grand- ily. According to his father, Jake had and work that went into planting this parents Lyle and Arlene Knott and wanted to be a police officer ever since spring. Masel Anderson, all of Grand Island. he was a little boy. Officer Laird was a This drought is a disaster—it is been Our thoughts and prayers are with role model not only for his family, but a disaster for agriculture and a disaster them at this difficult time. America is for all who knew him and whose lives for rural communities, which depend so proud of Eric Knott’s service and he touched. He dedicated his life to the much on agriculture. I think that mourns his loss. noblest of causes; his family, his job going home over the August recess cer- For his service, bravery, and sac- and keeping others safe. May his tainly gave all of us from States hit by rifice, I ask my colleagues to join me daughter grow up knowing that her fa- drought even more reason to seek as- and all Americans in honoring Petty ther was a brave, hard-working and sistance. I do not want to detract from Officer 3rd Class Eric Knott. loving man. the importance of sending disaster assistance to those in Florida. However, I f It is my sad duty to enter the name of Timothy ‘‘Jake’’ Laird into the believe that my colleagues must join TRIBUTE TO INDIANAPOLIS United States CONGRESSIONAL RECORD. me in casting a greater spotlight on POLICE OFFICER TIMOTHY LAIRD As Officer Laird rests with God in eter- the importance of helping our Nation’s Mr. BAYH. Mr. President, I rise nal peace, let us never forget the cour- farmers and ranchers recover from the today to pay tribute to and honor the age and sacrifice he displayed when he impacts of the current drought. remarkable life of Timothy ‘‘Jake’’ laid down his life on August 18, 2004. Therefore, I would like to join the Senator from South Dakota in calling Laird, an Indianapolis police officer f who was killed in the line of duty on on the President and the Congress to August 18, 2004 by a gunman terrorizing LOCAL LAW ENFORCEMENT ACT support funding for drought aid for our an Indianapolis neighborhood. OF 2003 farmers and ranchers, and to fully fund During the early morning of August Mr. SMITH. Mr. President, I rise the crop and livestock disaster pro- 18, Officer Laird left his own patrol today to speak about the need for hate grams so critical to Nebraska’s farmers area to come to the aid of fellow police crimes legislation. On May 1, 2003, Sen- and ranchers. A drought relief package is of the ut- officers in a nearby neighborhood who ator KENNEDY and I introduced the were facing a dangerous man armed Local Law Enforcement Enhancement most importance to farmers and ranchers in Nebraska and across all those with multiple assault weapons. Laird, a Act, a bill that would add new cat- rural America parts suffering from this 4-year veteran of the Indianapolis Po- egories to current hate crimes law, natural disaster. It will make the dif- lice Department, went out of his way sending a signal that violence of any ference between keeping their farms or to protect the citizens of Indianapolis kind is unacceptable in our society. being forced out of agriculture—to the by knowingly putting himself in dan- Scotty Joe Weaver, an 18-year-old detriment of all of us who depend on ger, a selfless act that would cost him gay Alabama man was beaten, stabbed, the ‘‘breadbasket of the world.’’ We his life. Officer Laird, 31 years old, was and his body burned in woods near his must seek this assistance in order to the first Indianapolis police officer to mobile home on July 18, 2004. Robert ensure that our rural communities are die in the line of duty in 16 years. Porter, 18, Christopher Ryan Gaines, not allowed to wither under the worst Officer Laird graduated from Warren 20, and Gaines’ girlfriend, Nichole conditions in over half of a century. Central High School in 1991. After grad- Kelsay have been charged with the I hope my Senate colleagues will join uating from high school, he joined the July 18 killing, which police believe me in supporting drought assistance Marines and married his high school was motivated by hate. this year. Like any other natural dis- sweetheart, Jennifer Lyn Reno, in 1992. I believe that the Government’s first aster, this drought has hurt the very Officer Laird served 8 years in the Ma- duty is to defend its citizens, to defend livelihoods of good, hardworking peo- rines before joining the Indianapolis them against the harms that come out ple who struggle every day to stay Police Department in 2000, where he of hate. The Local Law Enforcement afloat even under normal conditions. It quickly distinguished himself as a con- Enhancement Act is a symbol that can is imperative that we respond to this fident, hardworking policeman who become substance. I believe that by crisis in rural America. could be counted on by his fellow offi- passing this legislation and changing I thank my colleagues for this oppor- cers. current law, we can change hearts and tunity to address an issue of great im- During his time with the Indianap- minds as well. portance to my State. olis Police Department, Officer Laird Mr. NELSON of Nebraska. Mr. Presi- f received two letters of commendation, dent, I rise to join my colleagues in though these respected symbols of offi- support of this request for additional PASSAGE OF U.S.-AUSTRALIA cial praise pale in comparison to the disaster assistance in the wake of Hur- FREE TRADE AGREEMENT ACT words his family and fellow officers ricanes Charley and Frances, and the Mr. GRASSLEY. Mr. President, re- used to describe his work. Those who devastation they have brought on the cently the Senate passed S. 2610, the knew him remember Officer Laird as a State of Florida. I, along with my Ne- United States-Australia Free Trade perfectionist who demanded the most braska constituents, send our thoughts Agreement Implementation Act. The of himself on the job but was the first and prayers to those in Florida dealing U.S.-Australia Free Trade Agreement, to laugh at himself during lighter mo- with the physical and emotional im- which will be implemented by this leg- ments. He was known as the kind of of- pact of these hurricanes. islation, will provide many benefits to

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8847 U.S. manufacturers and agricultural The Chief International Trade Coun- researchers, attorneys, physicians, producers. U.S. consumers will clearly sel of the Committee, Everett nurses, and other representatives from gain from it as well. This agreement Eissenstat, worked tirelessly to see the health care industry and related will also further cement our friendship that the passage of this legislation businesses. RESOLVE has a database with Australia, a long-time ally and would actually occur, so today’s vote is of more than 40,000 individuals and pro- our strong partner in the war on ter- yet another testament to his skills. I viders, and a network of more than 40 rorism. would also like to thank the rest of my chapters providing support services, in- The U.S.-Australia Free Trade Agree- trade staff—David Johanson, Stephen formation and grassroots advocacy in ment is an example of the importance Schaefer, Dan Shepherdson, and Zach local communities nationwide. of Trade Promotion Authority. It has Paulsen—for all of their hard work and National Infertility Awareness Week been almost 2 years since Trade Pro- dedication to the Finance Committee’s focuses attention on the fact that in- motion Authority was signed into law work and to the people of Iowa. fertility affects approximately 6.6 mil- as part of the trade act of 2002. During Mr. BAUCUS’s Finance Committee lion people in the United States, a fig- this time, the United States has signed staff also deserves recognition. Russ ure which represents 1 in 10 couples in free trade agreements with Chile, Sullivan and Bill Dauster, respectively which the woman is of reproductive Singapore, and now Australia. The im- staff director and deputy staff director age. These are only the reported cases. plementing bills for each of these of Mr. BAUCUS’s Finance Committee Millions go unreported because of the agreements passed the Congress with staff, worked well with my staff stigma attached to infertility and re- strong support, so Congress clearly rec- throughout the process. cent surveys suggest that nearly three- ognizes the benefits of trade promotion I also appreciate the efforts of Tom quarters of those who can be helped do authority. Punke—Mr. BAUCUS’s chief inter- not seek medical or other assistance Many people worked hard to see that national trade counsel—and Sara An- because of, among other things, their this vote became a reality. First and drews, Shara Aranoff, John Gilliland, fears and lack of awareness of the re- foremost, this would not have hap- Pascal Niedermann, and Brian Pomper. sources available to them and the lim- pened without the leadership of Presi- Finally, I would like to thank Polly ited insurance coverage to assist them. dent George W. Bush. President Bush is Craighill of the office of the Senate The National Institutes of Health, committed to building the U.S. econ- Legislative Counsel for the many hours most particularly the National Insti- omy by opening the world’s markets to she put into drafting the implementing tute for Child Health and Development, U.S. goods and services, and the U.S.- bill. Without her patience, hard work, spends approximately $300 million a Australia Free Trade Agreement is just and skills, today’s vote would not have year on biomedical research focused on the latest of the trade accomplish- been possible. reproductive health, treatments, and ments he has made possible. I look forward to the signing of this cures of reproductive disorders. This U.S. Trade Representative Robert legislation into law by President Bush. important research will advance our Zoellick deserves strong commenda- f understanding of infertility-associated tion for his efforts in negotiating this diseases and the availability of more agreement. His commitment to ex- RESOLVE, THE NATIONAL effective and affordable treatments panding U.S. trade opportunities is INFERTILITY ASSOCIATION that will be respected by insurers and steadfast. Mr. INOUYE. Mr. President, I come employers as a routine benefit for all I would also like to thank chief U.S. to the floor today to commend RE- those insured. agricultural negotiator Allen Johnson SOLVE, the National Infertility Asso- I am proud that my state of Hawaii for his willingness not only to listen, ciation, on its three decades of accom- and 14 other states have enacted laws but also to act, upon the concerns of plishment and for the many activities that require insurance companies to U.S. farmers and ranchers during the it has planned to observe National In- provide some level of coverage for in- negotiations. Many others at the Office fertility Awareness Week, which will fertility treatment. Like the thousands of the U.S. Trade Representative de- be celebrated this year during the week of individuals working as part of the serve my thanks as well. RESOLVE network, a dedicated com- I commend my colleagues on the Fi- of September 26 to October 2, 2004. For 30 years, RESOLVE has compas- munity of Americans, I am committed nance Committee for their interest in seeing that the agreement was con- sionately and effectively served the to helping to ensure that those strug- cluded and that the implementing bill needs of the nearly seven million gling with the multiple challenges of was passed. I would like to extend a Americans comprising our Nation’s in- infertility have regular access to ap- special thanks to the ranking member fertile community, and has been a lead- propriate and affordable health care ing force in efforts to educate the coverage to address their health care of the Committee, Mr. BAUCUS. We have worked together over the years to broader public about this devastating needs. I applaud the work of RESOLVE, The expand trade to the benefit of U.S. condition. Infertility is recognized as a National Infertility Association, and workers, farmers, and consumers, and I disease and medical condition that has am pleased with the outcome of our devastating physical, social and psy- commend the many ongoing efforts and current efforts with the passage of this chological consequences. special activities throughout the coun- implementing bill. RESOLVE, the National Infertility try aimed to educate and inform the My staff on the Finance Committee Association, was incorporated by Bar- public about the issue of infertility, has worked diligently over the past bara Eck Menning, in 1974, to aid and during National Infertility Awareness weeks on the implementing bill and support individuals with infertility. Week, September 26 to October 2, 2004. other materials connected with it. My RESOLVE is a nonprofit organization, ‘‘FOUR TRIALS’’ goal was to have this legislation passed governed by a volunteer board of direc- Mr. LEAHY. Mr. President, as we ap- prior to the August recess, and they tors, many of whom are individuals proach the end of this Congress, we will were instrumental in making this hap- with first-hand personal experience reach a point when a number of us will pen. Moreover, my Finance Committee with the physical, emotional, and so- make statements reflecting on those staff was engaged in consultations with cial challenges accompanying infer- who will not be returning to the Senate officials from the Office of the U.S. tility. They are citizens who have over- next year. I will miss a number of Sen- Trade Representative throughout the come these challenges through assisted ators who have chosen not to seek re- negotiations, which began way back in reproductive technologies and adoption election. Today, I want to focus on a March 2003, so this has been a long or determined that their lives would be Senator who is responding to the coun- process for them. I greatly appreciate childless. Regardless of their resolu- try’s call by joining with another ex- their hard work. tion, RESOLVE helped them to reach traordinary American leader, JOHN My Chief Counsel and Staff Director, it with information, education, and KERRY, in this year’s national cam- Kolan Davis, deserves recognition. His support. RESOLVE’s leaders are also paign. I speak, of course, of JOHN talent in managing many legislative members of the professional commu- EDWARDS, whose energy, optimism and issues, including trade, is readily ap- nity who address these issues including good sense have been a great asset to parent. National Institutes of Health funded the Senate over the last 6 years.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8848 CONGRESSIONAL RECORD — SENATE September 7, 2004 I read that political partisans at cor- him who fight for victims, should not crease ocean science and research, im- porate business and insurance organi- be allowed to seek justice in America. prove coastal water quality, sustain zations have established a ‘‘November I urge fair-minded Republicans and our Nation’s fisheries, and improve the Fund’’ of $10 million to seek to smear independents as well as Democrats to stewardship of our oceans through an JOHN EDWARDS. I hope that before the consider JOHN EDWARDS’s life and work expanded education and outreach pro- American people or the media fall prey and to read ‘‘Four Trials.’’ It will make gram. to these attacks, they consider the you cry. It will remind you that good- An overarching theme of the report facts. In that regard, I urge Americans hearted people like JOHN and Elizabeth is the need at the Federal, regional and to read ‘‘Four Trials’’. This extraor- Edwards do the right thing and seek to State levels to move toward an eco- dinary book is an autobiographical ac- help their neighbors. It will make you system-based management approach count of JOHN EDWARDS’s life and some proud to live in a country where ordi- that acknowledges the complexities of of the cases in which he represented or- nary Americans can take on the power- both ecosystems and human needs. dinary citizens who had suffered griev- ful with the help of a committed legal This approach recognizes the relation- ous wrongs. JOHN is rightly proud of his advocate and achieve some measure of ships among all ecosystem components hard work as the lawyer representing justice. and requires fundamental changes in E.G. Sawyer, Jennifer Campbell, Josh I look forward to the days and weeks governance and greatly improved Howard, Valerie Lakey and so many ahead when more and more of the science and education. Through its ac- other middle class and working class country will have the opportunity to tive participation in the Chesapeake families against powerful interests get to know JOHN EDWARDS. I have Bay Program, Virginia understands the that both harmed them and then re- every confidence that come the inau- many advantages to be gained by de- fused to acknowledge responsibility for guration in January, JOHN will return veloping regional, ecosystem-based ap- causing that harm. as President of the Senate as a part of proaches to address the complex inter- I wish that those preparing to launch his duties as Vice President of the relationships of activities in many attacks against JOHN EDWARDS and United States. It has been a pleasure States that impact the Bay. other trial lawyers would read ‘‘Four and a privilege to serve with him, and As the former Chief of Naval Oper- Trials.’’ It has recently been released I look forward to working with him on ations under President Reagan, Admi- in paperback, so now for only $13 they behalf of the American people in the ral Watkins well knows the role oceans may save themselves millions in nega- years to come. have played in protecting United tive attack ads. No one who knows the f States national security interests. The story of JOHN EDWARDS’s legal career Ocean Commission’s preliminary re- can have anything other than admira- PRELIMINARY REPORT OF THE port, while not focused primarily on tion for what he was able to achieve U.S. COMMISSION ON OCEAN national security issues, contains rec- through hard work, persistence and be- POLICY ommendations on ports and marine lief in the American people who serve Mr. WARNER. Mr. President, I rise transportation, vessel operations, in- on our Nation’s juries. That faith in or- to note the April 20th release of the creased ocean research and explo- dinary Americans and commitment to Preliminary Report of the U.S. Com- ration, improved management of our justice is what he is now bringing to mission on Ocean Policy. This com- ocean resources, and accession to the American voters across the Nation. prehensive report, the first of its kind United Nations Convention on the Law My plea may be futile when ad- in 35 years, lays out an ocean blueprint of the Sea—all of which will contribute dressed to the rabid partisans who, for the 21st century for implementa- to our Nation’s security and future again this year, will apparently stop at tion by the Congress and the Adminis- well-being. nothing. Those who will foster and pro- tration. The Ocean Commission, led by As the Commission finalizes its remote attacks on JOHN KERRY’s mili- former Chief of Naval Operations and port I look forward to working to- tary service and on JOHN EDWARDS’s Secretary of Energy, Admiral James D. gether with the administration and my representation of injured, ordinary Watkins, USN (Ret.), is to be congratu- associates in this body and in the citizens in need of a voice have like- lated for its diligence and dedication to House as we take advantage of the op- wise savagely attacked JOHN MCCAIN its mandate to make recommendations portunity presented by the work of the during the Republican primaries 4 for a comprehensive and coordinated Ocean Commission to implement a new years ago and MAX CLELAND 2 years national ocean policy for the United vision for the future of our Nation’s ago. States. oceans. They promote attacks to divide us. The Commonwealth of Virginia has f They lessen America by fostering always had a strong connection to the squabbles for partisan gain. I was ocean. From the arrival of settlers in POSTAL ACCOUNTABILITY AND pleased to see JOHN KERRY and JOHN Jamestown in the early 1600’s, to the ENHANCEMENT ACT EDWARDS issue a call at the Demo- current day when the ports of Norfolk, Mr. BURNS. Mr. President, I take a cratic nominating convention in Au- Portsmouth and Newport News play a few moments to comment on S. 2468, gust for the Republican ticket and its vital role in our Nation’s economy and the Postal Accountability and En- supporters to abandon negative at- security, Virginia has always depended hancement Act, which will reform the tacks. I am disappointed that Repub- on the oceans. While the Common- postal laws of the United States to lican partisans have not risen to that wealth has long recognized the impor- guarantee its success into the 21st cen- challenge but continue to engage in tance of the oceans, one of the most tury. The United States Postal Service what is rightfully termed a ‘‘smear and valuable contributions of the Ocean faces several long-term financial chal- fear’’ campaign. George Bush could Commission’s report is its finding that lenges unless something is done. In the have and should have called a halt to oceans and their resources are impor- last 5 years alone, the first-class mail, the scurrilous attacks upon JOHN tant to all States, and that we all have which accounts for over half of all KERRY’s heroic military service but a role to play in their protection and postal revenue, has dropped dramati- seems more than willing to see Karl management. cally. The continued downward spiral Rove’s well-known smear tactics domi- The Ocean Commission’s preliminary of the Postal Service is linked to the nate this fall’s campaign. report represents the culmination of increased use of faxes and e-mails to The upcoming wave of attacks 21⁄2 years of work, including 15 public communicate. As these different ways against JOHN EDWARDS will be one fi- meetings around the country, 17 site of communicating and doing business nanced by those who oppose lowering visits to gather more detailed informa- increase, it is important to preserve de- drug prices for seniors, oppose a real tion, and input from 445 witnesses, re- livery to every address—making it a patients’ bill of rights and oppose ac- sulting in nearly 1,900 pages of testi- universal service—which this bill guar- countability for misconduct that shat- mony. The report is over 400 pages long antees. As a rural State, Montana is a ters the lives of ordinary Americans. and contains almost 200 recommenda- primary example of a State that needs Let them tell David and Sandy Lakey tions designed to improve the Federal this assurance. The Postal Service is that JOHN EDWARDS, and lawyers like governance structure, enhance and in- the only service provider available in

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8849 many parts of Montana and allows Golden Gopher by attending the Uni- reau of Land Management. He then Montana residents to stay in contact versity of Minnesota. At the U of M, served our Country for over 10 years in with the rest of the country and the Paul was a three-year starter and a the United States Army where he at- world. two-time All-American before he made tained the rank of Captain. He then Additionally, the Postal Service the decision to sign with the Mil- turned his abilities to Corps of Engi- faces such problems as reacting to waukee Brewers as the third overall neers. For the last 15 years, it has been needed price changes. Currently, the pick in the 1977 Major League Baseball Montana’s fortune to have Roy as Op- Postal Service takes 18 months to draft. erations Manager at Fort Peck Lake. react to price changes, which makes it After only a short time in the minor He assumed this position with the de- impossible to respond to market condi- leagues, Paul earned a role as the termination to make changes that tions. The Postal Accountability and starting shortstop and leadoff hitter would benefit the public. He accom- Enhancement Act would allow the for the Brewers. This position would be plished that mission. Fort Peck Lake Postal Regulatory Commission the one of many that this versatile athlete saw many positive changes under Mr. power to institute emergency price in- would play throughout his record- SNYDER’s oversight. Without his sup- creases due to unexpected cir- breaking career. Paul reached many port and encouragement, Fort Peck cumstances. An Anthrax attack, that milestones that few players would ever would still be a little known and little recently occurred, is an example of this meet. He is one of only five players used recreation site. circumstance. In addition, this bill with over 3,000 hits and over 500 steals, It has been my honor and privilege to would free up $78 billion over a period the others being legendary players Ty work with him on significant projects of 60 years by repealing the provision Cobb, Honus Wagner, Eddie Collins, that have benefited not just Mon- of the Public Law 108–18, which states and Lou Brock. Paul is in the top ten tanans, but all recreational users of that overpayment to the Postal Serv- all-time in at-bats, hits, singles, and Fort Peck. With Roy’s help the roads ice must be kept in an escrow account. doubles, and in the top twenty all-time around Fort Peck have been improved, By releasing these funds, the Postal in runs scored, triples, and stolen the campgrounds have been improved, Service would be able to diminish rate bases. Paul also tops the list as the there is a breakwater, Lewis and Clark increases, help pay off the debt owed to only player in Major League Baseball sites, fishing access sites, a fish hatch- the U.S. Treasury and help fund health history with 3,000 hits, 500 stolen bases, ery, the Interpretive Center. All of care liabilities for their employees. and 200 home runs. All of these are these are due in large part, to Roy’s te- These funds are also need to be put to- great accomplishments, but perhaps nacious ability to make things happen. ward employee salaries and benefits, his greatest feat came in 1993, when the Even more important, he has created which make up 76 percent of the Postal Toronto Blue Jays won the World Se- relationships between users that never Service costs. ries and Paul was recognized as the existed before. People who didn’t real- One Montanan wrote me recently most valuable player. ize they had anything in common are saying, ‘‘Postal Reform is critical to Outside of baseball, Paul is well- now working together. He has worked the nearly 3000 Postal Employees in known as one that actively gives back to turn a lack of communication into Montana and the thousands of others to his community. In 1998, he was hon- an open line that benefits everyone who rely on the USPS as a foundation ored with the Branch Rickey Award, who uses Fort Peck. for their occupation.’’ I could not agree which is given to baseball players that Even in times of adversity, Roy has more. I urge my colleagues to vote in show unparalleled devotion to serving been a stalwart supporter of the rec- favor of the Postal Accountability and their community. In addition to this, reational users. He put the public’s Enhancement Act of 2004. Paul was also recognized for his need before all others and worked to f strength of character when he was ensure they had the chance to make awarded the Lou Gehrig Memorial the most of Fort Peck Lake. It is my ADDITIONAL STATEMENTS Award, given to those who best exem- honor to commend Roy Snyder for his plify the giving character of Lou 27 years of service. It is even more of an honor for me to refer to Roy as my TRIBUTE TO PAUL MOLITOR Gehrig, another hall-of-famer. Paul Molitor has come a long way friend. Roy, thank you for everything ∑ Mr. COLEMAN. Mr. President, it is from the sandlots of Saint Paul to the you have done to make Fort Peck Lake truly an honor and a privilege to take ballparks of Major League Baseball. In what it is today. We will all miss you.∑ this opportunity to pay tribute to Paul twenty-one seasons, Paul played with f Molitor, an incredible individual and a three major league clubs, before com- HONORING THE LIFE OF J. IRWIN tremendous baseball player from the ing back home to play for his home- MILLER city of Saint Paul, MN. Paul will for- town team, the Minnesota Twins, in ever be remembered as one of the 1996. It is quite clear that Paul Molitor ∑ Mr. BAYH. Mr. President, I rise greatest to ever play the game, but is a person whose dedication and hard today to honor the life of my fellow most of all he will be remembered as a work brought him to the pinnacle of Hoosier, Joseph Irwin Miller, who died hometown hero to many Minnesotans. Major League Baseball. His talent, on Monday, August 16, at the age of 95. In recognition of his achievements and commitment, and love for the game J. Irwin Miller was a leading industri- dedication to the sport, Paul has been have led to his selection into the Na- alist who used his business success as inducted into the National Baseball tional Baseball Hall of Fame. It is my an opportunity to give back to his Hall of Fame in Cooperstown, NY. This distinct pleasure to recognize his community by helping Hoosiers in is a tribute not only to his abilities on achievements before the United States need, advancing greater social change the field, but also to his commitment Senate, and I wish him all the best in through example and turning Colum- to the community. It is my great privi- his future endeavors. bus, IN, into an architectural land- lege to highlight his accomplishments Paul, you have made many proud— mark. before the United States Senate and your fans, teammates, and the State of Joseph Irwin Miller was a fourth-gen- this Nation. Minnesota. You are a true hometown eration Hoosier, born in 1909 to Hugh Paul’s humble beginnings were that her. Congratulations on your induction and Nettie Miller. He graduated from of many young Minnesotans. At the into the National Baseball Hall of Yale University in 1931 and joined his age of four, it was clear that a passion Fame.∑ family’s bank 3 years later. His family for baseball was developing in the f also owned Cummins, a local diesel heart of this young Midwestern boy. maker that Miller would transform Every where he went, Paul would carry HONORING ROY SNYDER into a Fortune 500 company recognized his mitt with him. He shined as a star ∑ Mr. BURNS. Mr. President, I honor a around the world. On his watch, athlete for the Raiders of Cretin- great public servant, Roy Snyder. Roy Cummins increased its sales five times Derham Hall High School in Saint Snyder is retiring after 27 years of pro- over, to $100 million by 1955. From a Paul. For his college education, he viding exemplary service to America. small-town company with 60 employ- stuck close to home and became a His career began in 1962, with the Bu- ees, J. Irwin Miller grew Cummins into

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8850 CONGRESSIONAL RECORD — SENATE September 7, 2004 an industry giant with 25,000 employees managing a successful enterprise. his fellow independent agents and bro- from around the world. North American has been very fortu- kers with visionary leadership to fur- These economic accomplishments are nate to be aided in this endeavor by the ther their many worthy causes. I wish remarkable, but they are far out- leadership of Jay Gatten, who has been him and his wife, Cheryl, great success matched by Miller’s work in public their chief executive since 1979. as president and first lady of the Inde- service and social activism. J. Irwin So let me conclude by again offering pendent Insurance Agents & Brokers of Miller was a visionary whose impact my congratulations to Jay and Tora America.∑ reached far beyond Cummins, affecting Gatten, Brian Vinton, and the rest of f the entire State of Indiana and indeed the North American team for the suc- HONORING THE TOWN OF many nations, through his innovative cesses they have enjoyed and by offer- SCOTLAND leadership, personal convictions and ing them every best wish for continued legendary philanthropy. prosperity.∑ ∑ Mr. JOHNSON. Mr. President, I During the long fight for greater civil f honor and publicly recognize the 125th anniversary of the founding of the rights, Miller led by example, first by TRIBUTE TO THOMAS A. GRAU eliminating segregation at Cummins town of Scotland, SD. The town of ∑ and later by helping organize the Rev- Mr. BURNS. Mr. President, I rise Scotland has a proud past and prom- erend Martin Luther King, Jr.’s, civil today to commend Thomas A. Grau, ising future. rights march. J. Irwin Miller was a CPCU, who will be installed as the Like many towns in South Dakota, man who stood by his beliefs no matter 100th president of the Nation’s largest Scotland got its start with help from what the cost. To protest apartheid in insurance association—the Independent the railroad. Scotland was originally South Africa, Miller closed the Insurance Agents & Brokers of Amer- founded in 1870 on a site near Dawson Cummins plant located there and ica, IIABA—this October in Orlando. Creek. However, in 1879, with the ap- helped write legislation that led to eco- He was elected to IIABA’s Executive proach of the Chicago, Milwaukee,and nomic sanctions against the country. Committee in September 1999, and was St. Paul Railroad, it became necessary Such dedication to one’s beliefs and inaugurated as president-elect during for Scotland to be relocated to the up- the association’s convention in Las commitment to do what is right is es- land prairie. The town still stands on Vegas last fall. Tom is an executive this second site. pecially commendable today, in light with the Cogswell Agency in Great General Charles T. Campbell and of recent corporate scandals and Falls, MT. John Stafford are credited with the failings. Tom has been active on the local, founding of Scotland. General Camp- J. Irwin Miller was a man of interstate, regional and national levels of bell was of Scottish ancestry and that’s national importance and influence, but the insurance industry throughout his how the name came about. He was a he never forgot his roots in Indiana. career. In 1991, he began his 6-year ten- distinguished soldier in both the Mexi- His love for his hometown is evident ure as the Independent Insurance can and Civil Wars. In 1867, he was as- throughout Columbus, where today Agents of Montana representative to signed to Dakota Territory as an in- visitors can find examples of the finest the IIABA National Board of Directors. spector for Indian agencies. It was at architecture in the world. Because of In 1997, he was appointed chairman of this time, while traveling for his duties his efforts, Columbus became known as IIABA’s Finance Committee. Tom also as inspector, that General Campbell the ‘‘Athens of the Prairie,’’ with served on IIABA’s Audit and Direction, discovered the ideal location on Daw- schools and public buildings designed and Resource Coordination Commit- son Creek to build a trading post and by such world-renowned figures as I. M. tees. inn on the Firesteel Stage Coach line Pei and Eliel Saarinen. He also was active in the regional that ran between Firesteel, near With the passing of J. Irwin Miller, I Far West Agents Conference, serving as present-day Mitchell, and Yankton. hope that these buildings become more its chairman in 1986. The conference is General Campbell’s original buildings than architectural landmarks, but an annual meeting of industry and established the nucleus from which the symbols of the true public spirit dem- independent agent leaders from eight town of Scotland soon evolved. onstrated by Miller in every aspect of Western States. John Stafford arrived with his family his life. J. Irwin Miller was a true lead- On the state level, Tom was president from Canada in 1872. Mr. Stafford is im- er in business and in life, and he will be of the Independent Insurance Agents of portant to the development of Scotland greatly missed. Montana, IIAM, in 1988, 1989 as well as because he donated eighty acres of land It is my honor to enter the name of chairman of its Technical Affairs Com- for the new town site. In the next dec- Joseph Irwin Miller into the CONGRES- mittee for 5 years and a member of the ade, more than 100 families moved to SIONAL RECORD.∑ Board of Directors of IIAM’s for-profit the area, and most of them were of f subsidiary—Public Risk Insurance English, especially Scottish, descent. NORTH AMERICAN EXPLORATION Management, PRIM. On the local level, The relocation of the town in 1879 esca- he twice served as president of the lated the growth of Scotland. The year ∑ Mr. BENNETT. Mr. President, I rise Independent Insurance Agents of Great 1873 heralded the arrival of a large pop- today to pay tribute and to extend my Falls. ulation of German-Russian immi- congratulations to a great Utah com- Tom has been an ardent proponent of grants. The years from 1885–1891 was pany, North American Exploration, insurance industry education through- the golden age of development for which recently celebrated its 40th anni- out his career, serving as instructor for Scotland. During that time Scotland versary of service to the mining indus- numerous professional accreditation boasted the largest flax market in the try. For the last 25 of these years, classes on the local and State levels, United States and the world’s largest North American has been head- and earning the Chartered Property tow mill. Scotland is also proud to be quartered in the City of Kaysville in and Casualty Underwriter, CPCU, des- the hometown of United States astro- my home State of Utah. ignation in 1982. naut Charles Gemar. Currently, about Over the last four decades, North Tom also is deeply involved in his 1,000 people reside in Scotland. It is American has provided mineral explo- community. He is an active member of with great honor that I advise my col- ration and mine development services Holy Spirit Catholic Church and serves leagues of the achievements made by on countless projects throughout Utah on the finance committee of Holy Spir- this great community.∑ and the Mountain West, producing jobs it Catholic School. He is actively en- f for hundreds of Utahns in the process. gaged in the local chapter of Optimist North American is typical of so many International, in which he is a past HONORING THE CITY OF AVON small businesses that are truly the si- president and has held several offices, ∑ Mr. JOHNSON. Mr. President, I lent engines behind our economy. as well as the Muscular Dystrophy As- honor and publicly recognize the 125th As a former businessman myself and sociation and the Boy Scouts of Amer- anniversary of the founding of the city as a member of the Senate Small Busi- ica. of Avon, SD. The city of Avon looks ness Committee, I am well aware of the I am proud of Tom’s many accom- back on a proud history and looks for- challenges involved in building and plishments, and I know he will serve ward to a promising future.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8851 Taking its name from a post office farmland and gently rolling hills. Cur- Founded in 1904, the town of Lake run out of the nearby home of Mr. and rently, more than 650 people live in Andes sits on the southwest shore of its Mrs. George Phoenix, the city of Avon Burke. The town celebrated its centen- namesake. Measuring twelve miles in grew out of the 1879 expansion of the nial birthday with festivities during length and a mile and a half wide, Chicago, Milwaukee, and St. Paul Rail- the first week of August. Among the Andes Lake is one of the most popular road. Prosperous agriculture in the many events during the 5-day celebra- destinations for hunters and fishers in western part of Bon Homme County led tion were an alumni golf tournament, a the State and sits at the center of one farmers and ranchers to seek expanded centennial farm dance, a parade, an of the richest and most fertile sections markets for their goods. Railroad offi- alumni banquet, a centennial coin auc- of South Dakota. cials, in turn, recognized the value of tion, and a ballroom dance. It is with Though it was platted in 1901, the building a branch line from Napa to great honor that I advise my col- town was not officially established Platte to serve this need, and some 500 leagues of the achievements made by until three years later, when town lots workers began the arduous task of lay- this great community.∑ were sold on May 18, 1904. In 1911, the ing the new line through the area. The f town welcomed the construction of a start of work was closely followed by Carnegie Library, which still stands HONORING THE TOWN OF the opening of a saloon by Joe Sterba and has since been designated a histor- TYNDALL that would find its home in Avon’s first ical structure for the State of South permanent commercial building by ∑ Mr. JOHNSON. Mr. President, I Dakota. Lake Andes became the coun- 1900. Other businesses quickly joined honor and publicly recognize the 125th ty seat of Charles Mix County in 1916, the saloon, and Avon was soon a thriv- anniversary of the founding of the prompting growth and prosperity that ing community serving the agricul- town of Tyndall, SD. The town of Tyn- would lead to more than 80 years of tural region that surrounded it. dall is a spirited and self-reliant coun- stability in the town. For most of its 125 years, the city of ty seat with a proud past and prom- Currently, more than 800 people re- Avon has been served by the weekly ising future. side in the town of Lake Andes. In newspaper, the Avon Clarion, which In 1879, the Chicago, Milwaukee, and early June, Lake Andes held centennial began publication in the winter of 1901. St. Paul Railway chose to enter Bon festivities that coincided with the In an article that year, the paper Homme County. Dan Currier build the town’s Fish Days celebration, an an- boasted that Avon had, ‘‘without ex- first home and store along the railroad nual tradition that began in 1915, con- ception, the brightest and most encour- route in Tyndall, so-named for the tinued through 1969, and was reestab- aging future of any town along this English physicist John Tyndall who lished in 1988. A parade, carnival, quilt line.’’ In the 125 years since its found- first explained what makes the sky show, and firemen’s water fight were ing, Avon has proven its ability to blue. In 1884, Dan Currier opened the among the many celebratory events thrive and serve farmers and ranchers Grand Central Hotel, referred to as the that weekend. It is with great honor in the region. Currently, more than 550 greatest hotel this side of Chicago at that I advise my colleagues of the people live in the city of Avon. It is the time. Mr. Currier remained active achievements made by this great com- with great honor that I advise my col- in the town’s growth and became the munity.∑ leagues of the achievements made by first mayor in 1887. The first settlers in f this great community.∑ Tyndall were predominately German, f Czech, and Irish. Their meeting halls HONORING THE TOWN OF HERRICK were some of the first building in the ∑ Mr. JOHNSON. Mr. President, I HONORING THE TOWN OF BURKE town of Tyndall and many are pre- honor and publicly recognize the 100th ∑ Mr. JOHNSON. Mr. President, I served today. anniversary of the founding of the honor and publicly recognize the 100th A major attraction opened in Tyndall town of Herrick, SD. The town of Her- anniversary of the founding of the in 1989: the Soukup and Thomas Bal- rick has a strong sense of its past and town of Burke, SD. The town of Burke loon Museum. The museum exhibits anticipates a bright future. has enjoyed a proud past and looks for- one of the best displays of ballooning Though it was originally named ward to a bright future. history, including the first balloon bas- Willette, the town adopted the name of Founded in 1904, the town of Burke ket to fly over the Soviet Union. The prestigious homestead lawyer Samuel took its name from Charles Burke of museum also houses a rare collection Herrick soon after its 1904 founding. Pierre, who served in the South Dakota from the Hindenburg Airship as well as From 1906 to 1907, Herrick experienced legislature, U.S. Congress, and later as examples of balloon mail, lithographs, a period of growth as it served as a stop U.S. Commissioner of Indian Affairs. jewelry, trophies, and other collect- along the railroad. Many of the origi- Burke was platted as a government ibles. Tyndall hosted the 6th World Gas nal buildings in the town still stand, townsite and surveyed by Sam Chilton. Balloon Championship and the 1st including the Town Hall built in 1913, On August 4, homesteaders gathered in World Roziere Balloon Championship which has been restored and is in use, the center of the townsite and raced on in 1990. The second annual Inter- and the old saloon, which has since be- foot, on horseback and with wagons to national Balloon Rally was held in 1991 come a family restaurant and bar. Two lay their claims to plots in the town. in Tyndall. Though the town was born with the Though the railroad which gave birth other structures find themselves on the sound of the pistol that day, Burke did to the town of Tyndall is no longer National Register of Historic Places: not experience the boom that many of operational, the town continues to the Herrick School House and Herrick the other towns in the area did. thrive, relying on friendly local busi- Elevator. Burke’s growth was slow and purpose- ness and aggressive agriculture. Cur- Herrick’s 105 proud residents and ful. Early settlers faced and overcame rently 1,200 people reside in this pro- friends of the community celebrated the hardships of South Dakota winters, gressive community. It is with great the centennial at the end of July with tedious trips to the nearest railroad honor that I advise my colleagues of festivities including an all-school re- town for supplies, the devastation of the achievements made by this great union, the annual Squeal Meal celebra- tornadoes, and even terrorization from community.∑ tion, and a hayride featuring buildings and homes that were built around the gamblers and thugs that had made f their way into town. The citizens of time of the founding. It is with great Burke cleaned up the rough element HONORING THE TOWN OF LAKE honor that I advise my colleagues of and earned a reputation as one of the ANDES the achievements made by this great ∑ most peaceable and law-abiding towns ∑ Mr. JOHNSON. Mr. President, I community. in the county. honor and publicly recognize the 100th f Since 1917, Burke has served as the anniversary of the founding of the county seat of Gregory County. The town of Lake Andes, SD. Lake Andes HONORING JEFFREY LEE NELSON town lies about 30 miles west of the has experienced a proud century and ∑ Mr. JOHNSON. Mr. President, I con- Missouri River in a region of fertile looks forward to a promising future. gratulate Jeff Nelson of Madison, SD,

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8852 CONGRESSIONAL RECORD — SENATE September 7, 2004 for recently celebrating 30 years of dis- the Senate by Ms. Evans, one of his ministration of unemployment taxes and tinguished service at East River Elec- secretaries. benefits. H.R. 4222. An act to designate the facility tric. f Jeff Nelson understands the word of the United States Postal Service located EXECUTIVE MESSAGES REFERRED at 550 Nebraska Avenue in Kansas City, Kan- dedication. Mr. Nelson was born and sas, as the ‘‘Newell George Post Office Build- raised in Marion, SD, where he at- As in executive session the Presiding ing’’. tended high school. After graduating Officer laid before the Senate messages H.R. 4226. An act to amend title 49, United from South Dakota State University in from the President of the United Stats States Code, to make certain conforming 1971 with a degree in electrical engi- submitting sundry nominations which changes to provisions governing the registra- neering, he entered the U.S. Army and were referred to the appropriate com- tion of aircraft and the recordation of instru- was stationed in Germany. From 1971 mittees. ments in order to implement the Convention to 1974, he served as an officer in the (The nominations received today are on International Interests in Mobile Equip- ment and the Protocol to the Convention on U.S. Army’s Armored Division. After printed at the end of the Senate proceedings.) International Interests in Mobile Equipment honorably serving, he and his wife, on Matters Specific to Aircraft Equipment, Trudi, relocated to Madison where he f known as the ‘‘Cape Town Treaty’’. started working for East River Elec- MESSAGES FROM THE HOUSE H.R. 4327. An act to designate the facility tric. DURING ADJOURNMENT of the United States Postal Service located I know first hand that Jeff has done at 7450 Natural Bridge Road in St. Louis, a great deal to improve the lives of Under the authority of the order of Missouri, as the ‘‘Vitilas ‘Veto’ Reid Post Of- countless South Dakotans. He is a tre- January 7, 2003, the following enrolled fice Building’’. mendously talented man with a great bills were subsequently signed by the H.R. 4417. An act to modify certain deadlines pertaining to machine-readable, tam- deal of energy and ambition. He is not President pro tempore (Mr. STEVENS) on July 23, 2004: per-resistant entry and exit documents. only a good friend, but a person who H.R. 4427. An act to designate the facility may staff and I deal with closely. As H.R. 1572. An act to designate the United of the United States Postal Service located general manager of East River Electric States Courthouse located at 100 North at 73 South Euclid Avenue in Montauk, New since 1990, he has earned the respect Palafox Street in Pensacola, Florida, as the York, as the ‘‘Perry B. Duryea, Jr. Post Of- ‘‘Winston E. Arnow United States Court- and admiration of all those who have fice’’. house.’’ H.R. 4613. An act making appropriations had the opportunity to work with him. H.R. 1914. An act to provide for the East River Electric is a power supply for the Department of Defense for the fiscal issuance of a coin to commemorate the 400th year ending September 30, 2005, and for other cooperative which serves wholesale anniversary of the Jamestown settlement. purposes. electricity to 22 member systems, H.R. 2768. An act to require the Secretary H.R. 4842. An act to implement the United which in turn serve over 82,000 homes of the Treasury to mint coins in commemo- States-Morocco Free Trade Agreement. and businesses. The 36,000 square mile ration of Chief Justice John Marshall. H.R. 4916. An act to provide an extension of H.R. 3277. An act to require the Secretary highway, highway safety, motor carrier safe- service area covers 41 counties in East- of the Treasury to mint coins in commemo- ty, transit, and other programs funded out of ern South Dakota and nine counties in ration of the 230th Anniversary of the United the Highway Trust Fund pending enactment western Minnesota. States Marine Corps, and to support con- of a law reauthorizing the Transportation Jeff’s friendly demeanor and wealth struction of the Marine Corps Heritage Cen- Equity Act for the 21st Century. of knowledge have helped him develop ter. close relationships with his colleagues H.R. 4380. An act to designate the facility Under the authority of the order of and with community leaders through- of the United States Postal Service located July 22, 2004, the enrolled bills were out our State. This friendly attitude at 4737 Mile Stretch Drive in Holiday, Flor- subsequently signed by the Acting has led to numerous elected posts and ida, as the ‘‘Sergeant First Class Paul Ray President pro tempore (Mr. WARNER) Smith Post Office Building’’. honors. He is currently the president of on July 27, 2004. the Mid-West Electric Consumers Asso- Under the authority of the order of f January 7, 2003, the Secretary of the ciation board of directors, Upper Great ENROLLED BILLS AND JOINT RES- Plains Region Affiliate of Western Senate, on July 26, 2004, during the adjournment of the Senate, received a OLUTION PRESENTED DURING States Power Corporation board of di- ADJOURNMENT rectors, chairman of the Power and message from the House of Representa- Water Resources Standing Committee tives announcing that the House has The Secretary of the Senate reported of the National Rural Electric Coopera- passed the following bill, without that on July 23, 2004, she had presented tive Association, and vice president of amendment: to the President of the United States the Western States Power Corporation S. 2712. An act to preserve the ability of the following enrolled bills and joint board of directors. Among his many the Federal Housing Administration to in- resolution: sure mortgages under sections 238 and 519 of S. 741. An act to amend the Federal Food, philanthropic efforts are the organizer the National Housing Act. of the Lake County Food Pantry, Drug, and Cosmetic Act with regard to new Under authority of the order of the animal drugs, and for other purposes. treasurer of the East Central South Senate of January 7, 2003, the Sec- S. 2264. An act to require a report on the Dakota Habitat for Humanity, and he retary of the Senate, on July 27, 2004, conflict in Uganda, and for other purposes. is on the board of directors for the during the adjournment of the Senate, S.J. Res. 38. Joint resolution providing for Lake Area Improvement Corporation. received a message from the House of the appointment of Eli Broad as a citizen re- Through it all, Jeff’s devotion to his gent of the Board of Regents of the Smithso- family is his number one priority. Even Representatives announcing that the nian Institution. Speaker has signed the following en- as his responsibilities at East River The Secretary of the Senate reported rolled bills: Electric changed and grew, his com- that on July 28, 2004, she had presented mitment to his family never wavered. S. 2712. An act to preserve the ability of to the President of the United States Jeff and Trudi have two children, Erik the Federal Housing Administration to insure mortgages under sections 238 and 519 of the following enrolled bill: and Katie. Erik and his wife, Stacy, the National Housing Act. S. 2712. An act to preserve the ability of live in Sioux Falls, while Katie resides H.R. 2443. An act to authorize appropria- the Federal Housing Administration to in- in nearby Marshall, Minnesota. tions for the Coast Guard for fiscal year 2005, sure mortgages under sections 238 and 519 of I congratulate Jeff Nelson for his 30 to amend various laws administered by the the National Housing Act. years of distinguished service. It is Coast Guard, and for other purposes. f with great honor that I share his im- H.R. 3340. An act to redesignate the facili- MESSAGE FROM THE HOUSE pressive accomplishments with my col- ties of the United States Postal Service lo- leagues.∑ cated at 7715 and 7748 S. Cottage Grove Ave- At 1:19 p.m., a message from the nue in Chicago, Illinois, as the ‘‘James E. House of Representatives, delivered by f Worsham Post Office’’ and the ‘‘James E. Ms. Niland, one of its reading clerks, MESSAGES FROM THE PRESIDENT Worsham Carrier Annex Building’’, respectively, and for other purposes. announced that the House has passed Messages from the President of the H.R. 3463. An act to amend titles III and IV the following bills, in which it requests United States were communicated to of the Social Security Act to improve the ad- the concurrence of the Senate:

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8853 H.R. 3313. An act to amend title 28, United ministration—Salaries and Expenses’’, for United States Courthouse located at 333 Con- States Code, to limit Federal court jurisdic- administrative expenses to carry out the dis- stitution Avenue Northwest in the District tion over questions under the Defense of aster loans program authorized by section of Columbia as the ‘‘William B. Bryant Marriage Act. 7(b) of the Small Business Act: Provided, Annex’’; to the Committee on Environment H.R. 4056. An act to encourage the estab- That the amounts provided herein are des- and Public Works. lishment of both long-term and short-term ignated as an emergency requirement pursu- H.R. 4608. An act to name the Department programs to address the threat of man-portant to section 402 of S. Con. Res. 95 (108th of Veterans Affairs outpatient clinic located able air defense systems (MANPADS) to Congress), as made applicable to the House in Peoria, Illinois, as the ‘‘Bob Michel De- commercial aviation. of Representatives by H. Res. 649 (108th Con- partment of Veterans Affairs Outpatient H.R. 4175. An act to increase, effective as of gress) and applicable to the Senate by sec- Clinic’’; to the Committee on Veterans’ Af- December 1, 2004, the rates of disability com- tion 14007 of Public Law 108–287. fairs. pensation for veterans with service-con- This Act may be cited as the ‘‘Emergency H.R. 4660. An act to amend the Millennium nected disabilities and the rates of depend- Supplemental Appropriations for Disaster Challenge Act of 2003 to extend the authority ency and indemnity compensation for sur- Relief Act, 2004’’. to provide assistance to countries seeking to vivors of certain service-connected disabled become eligible countries for purposes of veterans, and for other purposes. f that Act; to the Committee on Foreign Rela- H.R. 4837. An act making appropriations MEASURES REFERRED tions. for military construction, family housing, H.R. 4816. An act to permit the Librarian of and base realignment and closure for the De- The following bills were read the first Congress to hire Library of Congress Police partment of Defense for the fiscal year end- and the second times by unanimous employees; to the Committee on Rules and ing September 30, 2005, and for other pur- consent, and referred as indicated: Administration. H.R. 4840. An act to amend the Internal poses. H.R. 3313. An act to amend title 28, United Revenue Code of 1986 to simplify the tax- The message also announced that the States Code, to limit Federal court jurisdic- ation of businesses; to the Committee on Fi- tion over questions under the Defense of House has agreed to the following con- nance. current resolutions, in which it re- Marriage Act; to the Committee on the Judi- H.R. 4841. An act to amend the Internal quests the concurrence of the Senate: ciary. Revenue Code of 1986 to simplify certain tax H.R. 3574. An act to require the mandatory rules for individuals; to the Committee on H. Con. Res. 418. Concurrent resolution rec- expensing of stock options granted to execu- ognizing the importance in history of the Finance. tive officers, and for other purposes; to the H.R. 4850. An act making appropriations 150th anniversary of the establishment of Committee on Banking, Housing, and Urban diplomatic relations between the United for the government of the District of Colum- Affairs. bia and other activities chargeable in whole States and Japan. H.R. 3819. An act to redesignate Fort H. Con. Res. 436. Concurrent resolution or in part against the revenues of said Dis- Clatsop National Memorial as the Lewis and celebrating 10 years of majority rule in the trict for the fiscal year ending September 30, Clark National Historical Park, to include in Republic of South Africa and recognizing the 2005, and for other purposes; to the Com- the park sites in the State of Washington as momentous social and economic achieve- mittee on Appropriations. well as the State of Oregon, and for other ments of South Africa since the institution H.R. 4879. An act to increase the military purposes; to the Committee on Energy and of democracy in that country. housing private investment cap; to the Com- Natural Resources. H. Con. Res. 467. Concurrent resolution de- mittee on Armed Services H.R. 3884. An act to designate the Federal claring genocide in Darfur, Sudan. The following concurrent resolutions were building and United States courthouse lo- H. Con. Res. 469. Concurrent resolution read, and referred as indicated: cated at 615 East Houston Street in San An- condemning the attack on the AMIA Jewish H. Con. Res. 301. Concurrent resolution tonio, Texas, as the ‘‘Hipolito F. Garcia Fed- Community Center in Buenos Aires, Argen- supporting the goals and ideals of the World eral Building and United States Court- tina, in July 1994 and expressing the concern Year of Physics; to the Committee on Com- house’’; to the Committee on Environment of the United States regarding the con- merce, Science, and Transportation. and Public Works. H. Con. Res. 418. Concurrent resolution rec- tinuing, decade-long delay in the resolution H.R. 3936. An act to amend title 38, United ognizing the importance in history of the of this case. States Code, to authorize the principal office 150th anniversary of the establishment of f of the United States Court of Appeals for diplomatic relations between the United MESSAGE FROM THE HOUSE Veterans Claims to be at any location in the States and Japan; to the Committee on For- DURING ADJOURNMENT Washington, D.C., metropolitan area, rather eign Relations. than only in the District of Columbia, and H. Con. Res. 436. Concurrent resolution Under authority of the order of the expressing the sense of Congress that a dedi- celebrating 10 years of majority rule in the Senate January 7, 2003, the Secretary cated Veterans Courthouse and Justice Cen- Republic of South Africa and recognizing the of the Senate, on September 7, 2004, ter should be provided for that Court and momentous social and economic achieve- during the adjournment of the Senate, those it serves and should be located, if fea- ments of South Africa since the institution received a message from the House of sible, at a site owned by the United States of democracy in that country; to the Com- that is part of or proximate to the Pentagon mittee on Foreign Relations. Representatives announcing that the Reservation, and for other purposes; to the H. Con. Res. 467. Concurrent resolution de- House has passed the following bill, in Committee on Veterans’ Affairs. claring genocide in Darfur, Sudan; to the which it requests the concurrence of H.R. 4011. An act to promote human rights Committee on Foreign Relations. the Senate: and freedom in the Democratic People’s Re- H. Con. Res. 469. Concurrent resolution H.R. 5005. An act making emergency appro- public of Korea, and for other purposes; to condemning the attack on the AMIA Jewish priations for the fiscal year ending Sep- the Committee on Foreign Relations. Community Center in Buenos Aires, Argen- tember 30, 2004, for additional disaster assist- H.R. 4056. An act to encourage the estab- tina, in July 1994 and expressing the concern ance. lishment of both long-term and short-term of the United States regarding the con- programs to address the threat of man-port- tinuing, decade-long delay in the resolution EMERGENCY SUPPLEMENTAL APPROPRIATIONS able air defense systems (MANPADS) to of this case; to the Committee on Foreign FOR DISASTER RELIEF ACT OF 2004 commercial aviation; to the Committee on Relations. The text of the bill is as follows: Commerce, Science, and Transportation. f H.R. 5005 H.R. 4175. An act to increase, effective as of December 1, 2004, the rates of disability com- MEASURES PLACED ON THE Be it enacted by the Senate and House of Rep- CALENDAR resentatives of the United States of America in pensation for veterans with service-con- Congress assembled, That the following sums nected disabilities and the rates of depend- The following bill was read the first are appropriated, out of any money in the ency and indemnity compensation for sur- and second times by unanimous con- Treasury not otherwise appropriated, for the vivors of certain service-connected disabled sent, and placed on the calendar: fiscal year ending September 30, 2004, to pro- veterans, and for other purposes; to the Com- mittee on Veterans’ Affairs. H.R. 4837. An act making appropriations vide emergency supplemental appropriations for military construction, family housing, for additional disaster assistance, namely: H.R. 4259. An act to amend title 31, United States Code, to improve the financial ac- and base realignment and closure for the De- DEPARTMENT OF HOMELAND SECURITY countability requirements applicable to the partment of Defense for the fiscal year end- EMERGENCY PREPAREDNESS AND RE- Department of Homeland Security, to estab- ing September 30, 2005, and for other pur- SPONSE lish requirements for the Future Years poses. DISASTER RELIEF Homeland Security Program of the Depart- f For an additional amount for ‘‘Disaster ment, and for other purposes; to the Com- MEASURES READ THE FIRST TIME Relief’’, $2,000,000,000, to remain available mittee on Governmental Affairs until expended, of which up to $30,000,000 H.R. 4294. To designate the annex to the E. The following bill was read the first may be transferred to ‘‘Small Business Ad- Barrett Prettyman Federal Building and time:

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8854 CONGRESSIONAL RECORD — SENATE September 7, 2004 S. 2774. A bill to implement the rec- mitting, pursuant to law, the report of a rule EC–8708. A communication from the Under ommendations of the National Commission entitled ‘‘Prohibition Against Certain Secretary of Commerce for Oceans and At- on Terrorist Attacks Upon the United Flights by Syrian Air Carriers to the United mosphere, Department of Commerce, trans- States, and for other purposes. States; Doc. No. FAA–2004–17763’’ (RIN2120– mitting, pursuant to law, a report relative to AI34) received on July 27, 2004; to the Com- the activities of the Northwest Atlantic f mittee on Commerce, Science, and Transpor- Fisheries Organization for 2003; to the Com- EXECUTIVE AND OTHER tation. mittee on Commerce, Science, and Transpor- COMMUNICATIONS EC–8699. A communication from the Pro- tation. gram Analyst, Federal Aviation Administra- EC–8709. A communication from the Assist- The following communications were tion, Department of Transportation, trans- ant Secretary for Export Administration, laid before the Senate, together with mitting, pursuant to law, the report of a rule Bureau of Industry and Security, Depart- accompanying papers, reports, and doc- entitled ‘‘Miscellaneous Flight Require- ment of Commerce, transmitting, pursuant uments, and were referred as indicated: ments; Powerplant Installation Require- to law, the report of a rule entitled ‘‘Revoca- ments; Public Address System; Trim Sys- tion of General Order No. 3 Which Imposed EC–8690. A message from the President of tems and Protective Breathing Equipment; License Requirements on Shaykh Hamad bin the United States, transmitting, pursuant to and, Powerplant Controls; FAA–2002–13859 Ali bin Jaber Al-Thani and Entities Related law, the District of Columbia’s Fiscal Year (RIN2120–AI35) received on July 27, 2004; to to or Controlled by Him’’ (RIN0694–AD21) re- 2005 Budget Request Act; to the Committee the Committee on Commerce, Science, and ceived on August 6, 2004; to the Committee on Governmental Affairs. Transportation. on Commerce, Science, and Transportation. EC–8691. A message from the President of EC–8700. A communication from the Pro- EC–8710. A communication from the Gen- the United States, transmitting, pursuant to gram Analyst, Federal Aviation Administra- eral Counsel, Consumer Product Safety Com- law, a report on the continuation of a nation, Department of Transportation, transmission, transmitting, pursuant to law, the tional emergency regarding export control mitting, pursuant to law, the report of a rule report of a rule entitled ‘‘Safety Standard regulations explained in Executive Order entitled ‘‘Aircraft Assembly Placard Re- for Cigarette Lighters; Adjusted Customs 13222; to the Committee on Banking, Hous- quirements; Doc. No. FAA–2004–18477’’ Value for Cigarette Lighters’’ (RIN3041– ing, and Urban Affairs. (RIN2120–AI24) received on July 27, 2004; to AC24) received on August 6, 2004; to the Com- EC–8692. A message from the President of the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- the United States, transmitting, pursuant to Transportation. tation. law, a report relative to the export to the EC–8701. A communication from the Pro- EC–8711. A communication from the Assist- People’s Republic of China of certain items; gram Analyst, Federal Aviation Administra- ant Administrator for Procurement, Na- to the Committee on Banking, Housing, and tion, Department of Transportation, trans- tional Aeronautics and Space Administra- Urban Affairs. mitting, pursuant to law, the report of a rule tion, transmitting, pursuant to law, the re- EC–8693. A message from the President of entitled ‘‘Design Standards for Fuselage port of a rule entitled ‘‘NASA Grant and Co- the United States, transmitting, pursuant to Doors on Transport Category Airplanes; Doc. operative Agreement Handbook—Property law, the report of the termination of the No. FAA–2003–14193’’ (RIN2120–AH34) received Reporting’’ (RIN2700–AC79) received on Au- emergency declared in Executive Order 12722 on July 27, 2004; to the Committee on Com- gust 6, 2004; to the Committee on Commerce, with respect to Iraq and the modification of merce, Science, and Transportation. Science, and Transportation. Executive Order 13290, Executive Order 13303, EC–8702. A communication from the Pro- EC–8712. A communication from the Sec- and Executive Order 13315; to the Committee gram Analyst, Federal Aviation Administra- retary, Bureau of Consumer Protection, Fed- on Banking, Housing, and Urban Affairs. tion, Department of Transportation, trans- eral Trade Commission, transmitting, pursu- EC–8694. A message from the President of mitting, pursuant to law, the report of a rule ant to law, the report of a rule entitled the United States, transmitting, pursuant to entitled ‘‘Certification of Airports; Doc. No. ‘‘Free Annual File Disclosures, 16 C.F.R. law, an Executive Order blocking property of FAA–200–7479 TECHNICAL CORRECTION’’ Parts 610 and 698’’ (RIN3084–0128) received on certain persons and prohibiting the importa- (RIN2120–AG96) received on July 27, 2004; to August 6, 2004; to the Committee on Com- tion of certain goods from Liberia and an ac- the Committee on Commerce, Science, and merce, Science, and Transportation. companying report; to the Committee on Transportation. EC–8713. A communication from the Coast Banking, Housing, and Urban Affairs. EC–8703. A communication from the Pro- Guard, Department of Homeland Security, EC–8695. A communication from the Assist- gram Analyst, Federal Aviation Administra- transmitting, pursuant to law, the report of ant Bureau Chief, International Bureau, Fed- tion, Department of Transportation, trans- a rule entitled ‘‘Special Logical Regulations eral Communications Commission, transmit- mitting, pursuant to law, the report of a rule for Marine Events’’ (RIN1625–AA08) received ting, pursuant to law, the report of a rule en- entitled ‘‘Noise Certification Regulations for on August 6, 2004; to the Committee on Com- titled ‘‘In the Matter of Review of the Spec- Helicopters; Doc. No. FAA–200–7958’’ merce, Science, and Transportation. trum Sharing Plan Among Non-Geo- (RIN2120–AH10) received on July 27, 2004; to EC–8714. A communication from the Coast stationary Satellite Orbit Mobile Satellite the Committee on Commerce, Science, and Guard, Department of Homeland Security, transmitting, pursuant to law, the report of Service Systems in the 1.6/2.4 GHz Bands and Transportation. EC–8704. A communication from the Pro- a rule entitled ‘‘Safety Zones Including 4 Amendment of Part 2 of the Commission’s gram Analyst, Federal Aviation Administra- Regulations: CGD05–03–167, CGD01–03–102, Rules to Allocate Spectrum Below 3 GHz for tion, Department of Transportation, trans- CGD09–03–202, COTP Memphis 04–0001’’ Mobile and Fixed Services to Support the In- mitting, pursuant to law, the report of a rule (RIN1625–AA00) received on August 6, 2004; to troduction of New Advanced Wireless Serv- entitled ‘‘Certification of Airports; Doc. No. the Committee on Commerce, Science, and ices including Third Generation Wireless FAA–200–7479 CORRECTION’’ (RIN2120–AG96) Transportation. Systems’’ (FCC04–134) received on July 22, received on July 27, 2004; to the Committee EC–8715. A communication from the Coast 2004; to the Committee on Commerce, on Commerce, Science, and Transportation. Guard, Department of Homeland Security, Science, and Transportation. EC–8705. A communication from the Pro- transmitting, pursuant to law, the report of EC–8696. A communication from the Attor- gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Security Zones (Including 4 ney, Wireline Competition Bureau, Federal tion, Department of Transportation, trans- Regulations: CGD05–04–067, COTP Pittsburgh Communications Commission, transmitting, mitting, pursuant to law, the report of a rule 03–030, COTP San Diego 04–015, CGD01–04–002’’ pursuant to law, the report of a rule entitled entitled ‘‘Certification of Aircraft and Air- (RIN1625–AA87) received on August 6, 2004; to ‘‘Section 51.908 Availability of Agreements men for the Operation of Light-Sport Air- the Committee on Commerce, Science, and to Other Telecommunications Carriers craft; Doc. No. FAA–2001–11133’’ (RIN2120– Transportation. Under Section 252(i) of the Act’’ (FCC04–164) AH19) received on July 27, 2004; to the Com- EC–8716. A communication from the Coast received on July 22, 2004; to the Committee mittee on Commerce, Science, and Transpor- Guard, Department of Homeland Security, on Commerce, Science, and Transportation. tation. transmitting, pursuant to law, the report of EC–8697. A communication from the Chief, EC–8706. A communication from the Attor- a rule entitled ‘‘Safety Zones (Including 4 Disability Rights Office, Federal Commu- ney Advisor, Federal Railroad Administra- Regulations): CGD01–04–087, CGD01–04–046, nications Commission, transmitting, pursu- tion, Department of Transportation, trans- CGD01–04–081, COTP Savannah 04–066’’ ant to law, the report of a rule entitled ‘‘In mitting, pursuant to law, the report of a va- (RIN1625–AA00) received on August 6, 2004; to the Matter of Telecommunications Relay cancy for the position of Administrator, Fed- the Committee on Commerce, Science, and Services and Speech-to-Speech Services for eral Railroad Administration, received on Transportation. Individuals with Hearing and Speech Disabil- July 26, 2004; to the Committee on Com- EC–8717. A communication from the Coast ities, Report and Order, Order on Reconsider- merce, Science, and Transportation. Guard, Department of Homeland Security, ation, and Further Notice of Proposed Rule- EC–8707. A communication from the Ad- transmitting, pursuant to law, the report of making, CC Doc. Nos 90–571 and 98–67; CG ministrator, Federal Aviation Administra- a rule entitled ‘‘Security Zones (Including 3 Doc. No. 03–123’’ (FCC04–137) received on July tion, Department of Transportation, trans- Regulations): CGD13–04–033, CGD01–04–088, 22, 2004; to the Committee on Commerce, mitting, pursuant to law, a report relative to CGD05–04–116’’ (RIN1625–AA87) received on Science, and Transportation. foreign aviation authorities to which the Ad- August 6, 2004; to the Committee on Com- EC–8698. A communication from the Pro- ministrator provided services in the pre- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- ceding fiscal year; to the Committee on EC–8718. A communication from the Coast tion, Department of Transportation, trans- Commerce, Science, and Transportation. Guard, Department of Homeland Security,

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8855 transmitting, pursuant to law, the report of to Tissue Specimen Samples from the Na- Administration, transmitting, pursuant to a rule entitled ‘‘Drawbridge Operation Regu- tional Marine Mammal Tissue Bank’’ law, the report of a rule entitled ‘‘Investiga- lations: CGD07–04–015, CGD01–04–030’’ (RIN0648–AQ51) received on August 6, 2004; to tion of Research Misconduct’’ (RIN2700– (RIN1625–AA09) received on August 6, 2004; to the Committee on Commerce, Science, and AC50) received on August 6, 2004; to the Com- the Committee on Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- Transportation. EC–8729. A communication from the Dep- tation. EC–8719. A communication from the Coast uty Assistant Administrator for Regulatory EC–8738. A communication from the Ad- Guard, Department of Homeland Security, Programs, Office of Sustainable Fisheries, ministrator, Federal Aviation Administra- transmitting, pursuant to law, the report of National Marine Fisheries Service, transmit- tion, transmitting, pursuant to law, a report a rule entitled ‘‘Drawbridge Operation Regu- ting, pursuant to law, the report of a rule en- relative to the Pilot Records Improvement lations: CGD06–04–091, CGD01–04–080, CGD08– titled ‘‘Taking Threatened or Endangered Act; to the Committee on Commerce, 04–026, CGD01–04–076, CGD08–04–025, CGD08– Species Incidental to Commercial Fishing Science, and Transportation. 04–022’’ (RIN1625–AA09) received on August 6, Operations’’ (RIN0648–AR53) received on Au- EC–8739. A communication from the Direc- 2004; to the Committee on Commerce, gust 6, 2004; to the Committee on Commerce, tor, U.S. Census Bureau, Department of Science, and Transportation. Science, and Transportation. Commerce, transmitting, pursuant to law, EC–8720. A communication from the Coast EC–8730. A communication from the Acting the report of a rule entitled ‘‘Amendments to Guard, Department of Homeland Security, Director, Office of Sustainable Fisheries, Na- the Age Search Fee Structure’’ (RIN0607– transmitting, pursuant to law, the report of tional Marine Fisheries Service, transmit- AA41) received on July 27, 2004; to the Com- a rule entitled ‘‘Enforcement of SOLAS Re- ting, pursuant to law, the report of a rule en- mittee on Commerce, Science, and Transpor- quirements’’ received on August 6, 2004; to titled ‘‘Closure of Directed Fishing for Pa- tation. the Committee on Commerce, Science, and cific Ocean Perch in the Eastern Aleutian Transportation. District of the Bering Sea and Aleutian Is- EC–8740. A communication from the Acting EC–8721. A communication from the Coast lands Management Area (BSAI)’’ received on Director, Office of Sustainable Fisheries, Na- Guard, Department of Homeland Security, August 6, 2004; to the Committee on Com- tional Marine Fisheries Service, transmit- transmitting, pursuant to law, the report of merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Unauthorized Entry into EC–8731. A communication from the Acting titled ‘‘Fishery Closure; Prohibiting Di- Cuban Territorial Waters’’ received on Au- Director, Office of Sustainable Fisheries, Na- rected Fishing for Pacific Ocean Perch in the gust 6, 2004; to the Committee on Commerce, tional Marine Fisheries Service, transmit- West Yakutat Area of the Gulf of Alaska’’ Science, and Transportation. ting, pursuant to law, the report of a rule en- (ID072804C) received on August 18, 2004; to EC–8722. A communication from the Coast titled ‘‘Notice of Closure of the 2004 Deep- the Committee on Commerce, Science, and Guard, Department of Homeland Security, Water Grouper Commercial Fishery, Reef Transportation. transmitting, pursuant to law, the report of Fish Fishery of the Gulf of Alaska’’ received EC–8741. A communication from the Acting a rule entitled ‘‘Mandatory Ballast Water on August 6, 2004; to the Committee on Com- Director, Office of Sustainable Fisheries, Na- Management Program for U.S. Waters’’ merce, Science, and Transportation. tional Marine Fisheries Service, transmit- (RIN1625–AA52) received on August 6, 2004; to EC–8732. A communication from the Acting ting, pursuant to law, the report of a rule en- the Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, Na- titled ‘‘Closure of Flathead Sole in the Transportation. tional Marine Fisheries Service, transmit- BSAI’’ received on August 18, 2004; to the EC–8723. A communication from the Coast ting, pursuant to law, the report of a rule en- Committee on Commerce, Science, and Guard, Department of Homeland Security, titled ‘‘Fisheries Off West Coast States and Transportation. transmitting, pursuant to law, the report of in the Western Pacific; Pacific Coast EC–8742. A communication from the Acting a rule entitled ‘‘Carriage of Navigation Groundfish Fishery; Inseason Adjustments Director, Office of Sustainable Fisheries, Na- Equipment for Ships on International Voy- to Management Measures’’ (ID070104B) re- tional Marine Fisheries Service, transmit- ages’’ received on August 6, 2004; to the Com- ceived on August 6, 2004; to the Committee ting, pursuant to law, the report of a rule en- mittee on Commerce, Science, and Transpor- on Commerce, Science, and Transportation. titled ‘‘Fishery Closure; Prohibiting Di- tation. EC–8733. A communication from the Acting rected Fishing for Atka Mackerel in the Gulf EC–8724. A communication from the Sec- Director, Office of Sustainable Fisheries, Na- of Alaska (GOA)’’ (ID0728040) received on Au- retary, Bureau of Consumer Protection, Fed- tional Marine Fisheries Service, transmit- gust 18, 2004; to the Committee on Com- eral Trade Commission, transmitting, pursu- ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. ant to law, the report of a rule entitled titled ‘‘Closure of Directed Fishing for Pa- EC–8743. A communication from the Acting ‘‘Amendment of FACT Act Rules’’ (RIN3084– cific Ocean Perch in the Central Aleutian Director, Office of Sustainable Fisheries, Na- AA94) received on August 6, 2004; to the Com- District of the Bering Sea and Aleutian Is- tional Marine Fisheries Service, transmit- mittee on Commerce, Science, and Transpor- lands Management Area (BSAI)’’ received on ting, pursuant to law, the report of a rule entation. August 6, 2004; to the Committee on Com- titled ‘‘Fishery Closure; Prohibiting Di- EC–8725. A communication from the Attor- merce, Science, and Transportation. rected Fishing for Northern Rockfish in the ney Advisor, Department of Transportation, EC–8734. A communication from the Acting Western Regulatory Area of the GOA’’ Office of the Secretary, transmitting, pursu- Director, Office of Sustainable Fisheries, Na- (ID072204F) received on August 18, 2004; to ant to law, the report of a nomination for tional Marine Fisheries Service, transmit- the Committee on Commerce, Science, and the position of Deputy Secretary, Depart- ting, pursuant to law, the report of a rule en- Transportation. ment of Transportation, received on August titled ‘‘Fishery Closure; Prohibiting Di- EC–8744. A communication from the Acting 6, 2004; to the Committee on Commerce, rected Fishing for Pacific Ocean Perch in the Director, Office of Sustainable Fisheries, Na- Science, and Transportation. Central Regulatory Area of the Gulf of Alas- tional Marine Fisheries Service, transmit- EC–8726. A communication from the Dep- ka (GOA)’’ (ID070904E) received on August 6, ting, pursuant to law, the report of a rule en- uty Assistant Administrator for Regulatory 2004; to the Committee on Commerce, titled ‘‘Fishery Closure; Prohibiting Di- Programs, Office of Sustainable Fisheries, Science, and Transportation. National Marine Fisheries Service, transmit- EC–8735. A communication from the Dep- rected Fishing for Deep Water Complex in ting, pursuant to law, the report of a rule en- uty Assistant Administrator for Regulatory the Gulf of Alaska (GOA)’’ (ID072304A) re- titled ‘‘Amendment 10 to the Atlantic Sea Programs, Office of Sustainable Fisheries, ceived on August 18, 2004; to the Committee Scallop Fishery Management Plan’’ National Marine Fisheries Service, transmit- on Commerce, Science, and Transportation. (RIN0648–AN16) received on August 6, 2004; to ting, pursuant to law, the report of a rule en- EC–8745. A communication from the Acting the Committee on Commerce, Science, and titled ‘‘Final Rule: Authorization for Com- Director, Office of Sustainable Fisheries, Na- Transportation. mercial Fisheries Under the Marine Mammal tional Marine Fisheries Service, transmit- EC–8727. A communication from the Dep- Protection Act of 1972; Zero Mortality Rate ting, pursuant to law, the report of a rule en- uty Assistant Administrator for Regulatory Goal’’ (RIN0648–AR15) received on August 6, titled ‘‘Fishery Closure; Prohibiting Di- Programs, Office of Sustainable Fisheries, 2004; to the Committee on Commerce, rected Fishing for Pacific Ocean Perch in the National Marine Fisheries Service, transmit- Science, and Transportation. Western Regulatory Area of the Gulf of Alas- ting, pursuant to law, the report of a rule en- EC–8736. A communication from the Dep- ka (GOA)’’ (ID071604A) received on August 18, titled ‘‘Fisheries of the Northeastern United uty Assistant Administrator for Regulatory 2004; to the Committee on Commerce, States; Recreational Measures for the Sum- Programs, Office of Sustainable Fisheries, Science, and Transportation. mer Flounder, Scup, and Black Sea Bass National Marine Fisheries Service, transmit- EC–8746. A communication from the Acting Fisheries; Fishing Year 2004’’ (RIN0648–AQ82) ting, pursuant to law, the report of a rule en- Director, Office of Sustainable Fisheries, Na- received on August 6, 2004; to the Committee titled ‘‘Fisheries Off West Coast States and tional Marine Fisheries Service, transmit- on Commerce, Science, and Transportation. in the Western Pacific; Pacific Coast ting, pursuant to law, the report of a rule en- EC–8728. A communication from the Dep- Groundfish Fishery; Final Rule’’ (RIN0648– titled ‘‘Fishery Closure; Prohibiting Di- uty Assistant Administrator for Regulatory AS43) received on August 6, 2004; to the Com- rected Fishing for Pacific Ocean Perch in the Programs, Office of Sustainable Fisheries, mittee on Commerce, Science, and Transpor- Western Yakutat District of the Gulf of National Marine Fisheries Service, transmit- tation. Alaska’’ (ID071604B) received on August 18, ting, pursuant to law, the report of a rule en- EC–8737. A communication from the Chief 2004; to the Committee on Commerce, titled ‘‘Final Rule on the Policy for Access Scientist, National Aeronautics and Space Science, and Transportation.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8856 CONGRESSIONAL RECORD — SENATE September 7, 2004 EC–8747. A communication from the Acting 2004; to the Committee on Commerce, EC–8767. A communication from the Assist- Director, Office of Sustainable Fisheries, Na- Science, and Transportation. ant Administrator for Procurement, Na- tional Marine Fisheries Service, transmit- EC–8757. A communication from the Chief, tional Aeronautics and Space Administra- ting, pursuant to law, the report of a rule en- Regulations and Administrative Law, Coast tion, transmitting, pursuant to law, the re- titled ‘‘Closure of Directed Fishing for Pa- Guard, transmitting, pursuant to law, the report of a rule entitled ‘‘Re-issuance of NASA cific Ocean Perch in the Western Aleutian port of a rule entitled ‘‘Security Zone Regu- FAR Supplement Subchapter E’’ (RIN2700– District of the Bering Sea and the Aleutian lations: COTP Charleston 04–100, COTP San AC68) received on August 18, 2004; to the Islands Management Area’’ received on Au- Francisco Bay 04–020, CGD05–04–151, CGD05– Committee on Commerce, Science, and gust 18, 2004; to the Committee on Com- 040148, CGD09–04–095’’ (RIN1625–AA87) re- Transportation. merce, Science, and Transportation. ceived on August 18, 2004; to the Committee EC–8768. A communication from the Direc- EC–8748. A communication from the Acting on Commerce, Science, and Transportation. tor, Office of White House Liaison, transmit- Director, Office of Sustainable Fisheries, Na- EC–8758. A communication from the Chief, ting, pursuant to law, the report of a nomi- tional Marine Fisheries Service, transmit- Regulations and Administrative Law, Coast nation and change in previously submitted ting, pursuant to law, the report of a rule en- Guard, transmitting, pursuant to law, the re- reported information for the position of As- titled ‘‘Closure of Shortraker/Rougheye port of a rule entitled ‘‘Security Zone Regu- sistant Secretary for Manufacturing and Rockfish in the Western Regulatory Area of lations: Three Mile Island Generating Sta- Services, Department of Commerce/Inter- the GOA’’ (ID072704C) received on August 18, tion, Susquehanna River, Dauphin County, national Trade Administration, received on 2004; to the Committee on Commerce, PA: CGD05–03–116’’ (RIN1625–AA87) received August 6, 2004; to the Committee on Com- Science, and Transportation. on August 18, 2004; to the Committee on merce, Science, and Transportation. EC–8749. A communication from the Acting Commerce, Science, and Transportation. EC–8769. A communication from the Direc- Director, Office of Sustainable Fisheries, Na- EC–8759. A communication from the Chief, tor, Office of Sustainable Fisheries, National tional Marine Fisheries Service, transmit- Regulations and Administrative Law, Coast Marine Fisheries Service, transmitting, pur- ting, pursuant to law, the report of a rule en- Guard, transmitting, pursuant to law, the re- suant to law, the report of a rule entitled titled ‘‘Closure of ‘Other Rockfish’ in the port of a rule entitled ‘‘Drawbridge Regula- ‘‘Atlantic Highly Migratory Species; Atlan- Central Regulatory Area of the Gulf of Alas- tions: Anacostia River, Washington, DC: tic Bluefin Tuna Catch Limit Adjustment’’ ka’’ (ID072704B) received on August 18, 2004; CGD05–04–028’’ (RIN1625–AA09) received on (ID061604A) received on August 6, 2004; to the to the Committee on Commerce, Science, August 18, 2004; to the Committee on Com- Committee on Commerce, Science, and and Transportation. merce, Science, and Transportation. Transportation. EC–8750. A communication from the Acting EC–8760. A communication from the Chief, EC–8770. A communication from the Dep- Regulations and Administrative Law, Coast Director, Office of Sustainable Fisheries, Na- uty Assistant Administrator, Office of Sus- Guard, transmitting, pursuant to law, the re- tional Marine Fisheries Service, transmit- tainable Fisheries, National Marine Fish- port of a rule entitled ‘‘Safety Zone Regula- ting, pursuant to law, the report of a rule en- eries Service, transmitting, pursuant to law, tions: CGD05–04–137, COTP Jacksonville 04– titled ‘‘Prohibition on Retention of Commu- the report of a rule entitled ‘‘International 096’’ (RIN1625–AA00) received on August 18, nity Development Quota (CDQ) Reserve Fisheries Regulations; Pacific Tuna Fish- 2004; to the Committee on Commerce, Amount of ‘Other Species’ in the Bering Sea eries’’ (RIN0648–AQ22) received on August 6, Science, and Transportation. and Aleutian Islands Management Area 2004; to the Committee on Commerce, EC–8761. A communication from the Attor- Science, and Transportation. (BSAI)’’ received on August 18, 2004; to the ney-Advisor, National Highway Traffic Safe- EC–8771. A communication from the Direc- Committee on Commerce, Science, and ty Administration, Department of Transpor- tor, Office of Sustainable Fisheries, National Transportation. tation, transmitting, pursuant to law, the re- Marine Fisheries Service, transmitting, pur- EC–8751. A communication from the Acting port of a rule entitled ‘‘FMVSS No. 208, Re- suant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, Na- sponse to Petitions from November 2003 ‘‘Fisheries Off West Coast States and in the tional Marine Fisheries Service, transmit- Final Rule (Part 2)’’ (RIN2127–AJ42) received Western Pacific; West Coast Salmon Fish- ting, pursuant to law, the report of a rule en- on August 18, 2004; to the Committee on eries; Inseason Actions #5—Adjustments of titled ‘‘Atlantic Highly Migratory Species; Commerce, Science, and Transportation. the Commercial Fishery from the U.S.-Can- Bluefin Tuna Fisheries; Atlantic Bluefin EC–8762. A communication from the Attor- ada Border to Cape Falcon, Oregon’’ Tuna Retention Limit Adjustment’’ ney-Advisor, National Highway Traffic Safe- (ID071304A) received on August 6, 2004; to the (ID071504A) received on August 18, 2004; to ty Administration, Department of Transpor- Committee on Commerce, Science, and the Committee on Commerce, Science, and tation, transmitting, pursuant to law, the re- Transportation. Transportation. port of a rule entitled ‘‘FMVSS No. 301 Re- EC–8772. A communication from the Spe- EC–8752. A communication from the Chief, sponse to Petitions from December 2003 cial Assistant to the Chief, Media Bureau, Regulations and Administrative Law, Coast Final Rule’’ (RIN2127–AJ45) received on Au- Federal Communications Commission, trans- Guard, transmitting, pursuant to law, the re- gust 18, 2004; to the Committee on Com- mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Carriage of Naviga- merce, Science, and Transportation. entitled ‘‘Amendment of Sections 73.606(b) tion Equipment for Ships on International EC–8763. A communication from the Con- and 73.622(b), Table of Allotments, TV and Voyages’’ received on August 18, 2004; to the tracting Officer, Department of Transpor- DTV Broadcast Stations: El Dorado, AR’’ Committee on Commerce, Science, and tation, transmitting, pursuant to law, a re- (DA04–2300) received on August 11, 2004; to Transportation. port relative to the Interagency Agreement the Committee on Commerce, Science, and EC–8753. A communication from the Chief, No. DTTS59–98–X–0053 between the Depart- Transportation. Regulations and Administrative Law, Coast ment and the Old Executive Office Building; EC–8773. A communication from the Spe- Guard, transmitting, pursuant to law, the re- to the Committee on Commerce, Science, cial Assistant to the Chief, Media Bureau, port of a rule entitled ‘‘Wearing of Personal and Transportation. Federal Communications Commission, trans- Flotation Devices (PFDs) by Certain Chil- EC–8764. A communication from the Acting mitting, pursuant to law, the report of a rule dren Aboard Recreational Vessels’’ (RIN1625– Under Secretary and Acting Director, Patent entitled ‘‘Amendment of Section 73.622(b), AA62) received on August 18, 2004; to the and Trademark Office, transmitting, pursu- Table of Allotments, DTV Broadcast Sta- Committee on Commerce, Science, and ant to law, the report of a rule entitled tions; Apalachicola, FL’’ (RM–10851) received Transportation. ‘‘Elimination of Credit Cards as Payment for on August 11, 2004; to the Committee on EC–8754. A communication from the Chief, Replenishing Deposit Accounts’’ (RIN0651– Commerce, Science, and Transportation. Regulations and Administrative Law, Coast AB74) received on August 6, 2004; to the Com- EC–8774. A communication from the Spe- Guard, transmitting, pursuant to law, the re- mittee on Commerce, Science, and Transpor- cial Assistant to the Chief, Media Bureau, port of a rule entitled ‘‘Enforcement of tation. Federal Communications Commission, trans- SOLAS Requirements’’ received on August EC–8765. A communication from the Assist- mitting, pursuant to law, the report of a rule 18, 2004; to the Committee on Commerce, ant Administrator for Procurement, Na- entitled ‘‘Amendment of Section 73.622(b), Science, and Transportation. tional Aeronautics and Space Administra- Table of Allotments, DTV and TV Broadcast EC–8755. A communication from the Chief, tion, transmitting, pursuant to law, the re- Stations; Moscow, ID’’ (RM–10566) received Regulations and Administrative Law, Coast port of a rule entitled ‘‘Reissuance of NASA on August 11, 2004; to the Committee on Guard, transmitting, pursuant to law, the re- FAR Supplement Subchapter G’’ (RIN2700– Commerce, Science, and Transportation. port of a rule entitled ‘‘Special Local Regu- AC87) received on August 18, 2004; to the EC–8775. A communication from the Spe- lations for Marine Events (Including 2 Regu- Committee on Commerce, Science, and cial Assistant to the Chief, Media Bureau, lations): CGD05–04–133, CGD05–04–139’’ Transportation. Federal Communications Commission, trans- (RIN1625–AA09) received on August 18, 2004; EC–8766. A communication from the Assist- mitting, pursuant to law, the report of a rule to the Committee on Commerce, Science, ant Administrator for Procurement, Na- entitled ‘‘Amendment of Section 73.202(b), and Transportation. tional Aeronautics and Space Administra- Table of Allotments, FM Broadcast Stations EC–8756. A communication from the Chief, tion, transmitting, pursuant to law, the re- (Yuba City and Lincoln, California)’’ (MB Regulations and Administrative Law, Coast port of a rule entitled ‘‘Reissuance of NASA Doc. No. 04–24) received on August 11, 2004; to Guard, transmitting, pursuant to law, the re- FAR Supplement Subchapter F’’ (RIN2700– the Committee on Commerce, Science, and port of a rule entitled ‘‘Drawbridge Regula- AC86) received on August 18, 2004; to the Transportation. tions: CGD01–04–095, CGD05–04–146, CGD08–04– Committee on Commerce, Science, and EC–8776. A communication from the Spe- 028’’ (RIN1625–AA09) received on August 18, Transportation. cial Assistant to the Chief, Media Bureau,

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8857 Federal Communications Commission, trans- mittee on Commerce, Science, and Transpor- EC–8794. A communication from the Pro- mitting, pursuant to law, the report of a rule tation. gram Analyst, Federal Aviation Administra- entitled ‘‘Amendment of Section 73.202(b), EC–8785. A communication from the Pro- tion, Department of Transportation, trans- Table of Allotments, FM Broadcast Stations: gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Canton, Cedarville, IL; Council Grove, KS; tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Empresa Clifton, IL; Farmersburg, IN; Freeport, IL; mitting, pursuant to law, the report of a rule Brasilera de Aeronautica SW Model EMB 120 Fowler, IN; Golden Meadow, LA; Homer, LA; entitled ‘‘Airworthiness Directives: Boeing Series Airplanes’’ (RIN2120–AA64) received Madison, IN; Pinckneyville, IL; Terre Haute, Model 737–200 Series Airplanes Modified by on August 11, 2004; to the Committee on IN; Ringgold, LA and Smith Mills, KY’’ (MB Supplemental Type Certificate ST00516AT’’ Commerce, Science, and Transportation. Doc Nos. 04–97 through 04–110) received on (RIN2120–AA64) received on August 11, 2004; EC–8795. A communication from the Pro- August 11, 2004; to the Committee on Com- to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. and Transportation. tion, Department of Transportation, trans- EC–8777. A communication from the Spe- EC–8786. A communication from the Pro- mitting, pursuant to law, the report of a rule cial Assistant to the Chief, Media Bureau, gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Empresa Federal Communications Commission, trans- tion, Department of Transportation, trans- Brasileira de Aeronautica SA Model EMB 120 mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Series Airplanes’’ (RIN2120–AA64) received entitled ‘‘Amendment of Section 73.202(b), entitled ‘‘Airworthiness Directives: on August 11, 2004; to the Committee on Table of Allotments, FM Broadcast Stations: Eurocopter France Model EC 1555B Heli- Commerce, Science, and Transportation. Anniston, AL; Asbury, IA; Horseshoe Beach, copters’’ (RIN2120–AA64) received on August EC–8796. A communication from the Pro- FL ; Keosauqua, IA; Live Oak, FL; Moville, 11, 2004; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- IA; Olathe, CO; Rudd, IA; Somerton, AZ; Sut- Science, and Transportation. tion, Department of Transportation, trans- ter Creek, CA; Weiser, ID; Westley, CA’’ (MB EC–8787. A communication from the Pro- mitting, pursuant to law, the report of a rule Doc Nos. 04–79, 83, 85, 86, 87, 88, 89, 90, 91, 92, gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: 93, 94, 95) received on August 11, 2004; to the tion, Department of Transportation, trans- Raytheon Aircraft Company Model 390 Air- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule planes’’ (RIN2120–AA64) received on August Transportation. entitled ‘‘Airworthiness Directives: 11, 2004; to the Committee on Commerce, EC–8778. A communication from the Pro- Eurocopter France Model AS 365 N3 Heli- Science, and Transportation. gram Analyst, Federal Aviation Administra- copters’’ (RIN2120–AA64) received on August EC–8797. A communication from the Pro- tion, Department of Transportation, trans- 11, 2004; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Science, and Transportation. tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Rolls EC–8788. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Airbus Royce plc RB211 Trent 500 Series Turbofan gram Analyst, Federal Aviation Administra- Model A300 B2 and A300 B4; Model A300 B4– Engines; Correction’’ (RIN2120–AA64) re- tion, Department of Transportation, trans- 600, –600R, C4–605R Variant F, and F4–600R, ceived on August 11, 2004; to the Committee mitting, pursuant to law, the report of a rule and Model A310 Series Airplanes’’ (RIN2120– on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Rolls EC–8779. A communication from the Pro- Royce Deutschland TAY 611–8, 620–15, and AA64) received on August 11, 2004; to the gram Analyst, Federal Aviation Administra- 651–54 Series Turbofan Engines’’ (RIN2120– Committee on Commerce, Science, and tion, Department of Transportation, trans- AA64) received on August 11, 2004; to the Transportation. EC–8798. A communication from the Pro- mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Manual Transportation. tion, Department of Transportation, trans- Requirements in Part 135; Correction’’ EC–8789. A communication from the Pro- mitting, pursuant to law, the report of a rule (RIN2120–AA64) received on August 11, 2004; gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: BAE to the Committee on Commerce, Science, Systems Limited Model AVRO 146–RJ Series mitting, pursuant to law, the report of a rule and Transportation. Airplanes; and BAE Systems Limited Model EC–8780. A communication from the Pro- entitled ‘‘Airworthiness Directives: Boeing BAE 146 Series Airplanes’’ (RIN2120–AA64) gram Analyst, Federal Aviation Administra- Model 737–600, 700, 700C, 800, and 900 Series received on August 11, 2004; to the Com- tion, Department of Transportation, trans- Airplanes’’ (RIN2120–AA64) received on Au- mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule gust 11, 2004; to the Committee on Com- tation. entitled ‘‘Airworthiness Directives: Hartzell merce, Science, and Transportation. EC–8799. A communication from the Pro- EC–8790. A communication from the Pro- Propeller, Inc. Models HC B5MP–3C.M10876K gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Propellers’’ (RIN2120–AA64) received on Au- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gust 11, 2004; to the Committee on Com- mitting, pursuant to law, the report of a rule merce, Science, and Transportation. mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Airspace; EC–8781. A communication from the Pro- entitled ‘‘Airworthiness Directives: Dassault Tekamah, NE; Doc. No. 04–ACE–29’’ gram Analyst, Federal Aviation Administra- Model Mystere-Falcon 900 Series Airplanes’’ (RIN2120–AA66) received on August 11, 2004; tion, Department of Transportation, trans- (RIN2120–AA64) received on August 11, 2004; to the Committee on Commerce, Science, mitting, pursuant to law, the report of a rule to the Committee on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Boeing and Transportation. EC–8800. A communication from the Pro- Model 737–600, 700, 700C, 800, and 900 Series EC–8791. A communication from the Pro- gram Analyst, Federal Aviation Administra- Airplanes; CORRECTION’’ (RIN2120–AA64) gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- received on August 11, 2004; to the Com- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Airspace; tation. entitled ‘‘Airworthiness Directives: McDon- Kimball, NE; Doc. No. 04–ACE–31’’ (RIN2120– EC–8782. A communication from the Pro- nell Douglas Model DC 9 81, 82, 83, and 87 Air- AA66) received on August 11, 2004; to the gram Analyst, Federal Aviation Administra- planes; Model MD–88 Airplanes; and Model Committee on Commerce, Science, and tion, Department of Transportation, trans- MD–90–30 Airplanes’’ (RIN2120–AA64) re- Transportation. mitting, pursuant to law, the report of a rule ceived on August 11, 2004; to the Committee EC–8801. A communication from the Pro- entitled ‘‘Airworthiness Directives: Boeing on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Model 737–600, 700, 700C, 800, and 900 Series EC–8792. A communication from the Pro- tion, Department of Transportation, trans- Airplanes’’ (RIN2120–AA64) received on Au- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gust 11, 2004; to the Committee on Com- tion, Department of Transportation, trans- entitled ‘‘Modification of Class E Airspace; merce, Science, and Transportation. mitting, pursuant to law, the report of a rule Fulton, MO; Doc. No. 04–ACE–15’’ (RIN2120– EC–8783. A communication from the Pro- entitled ‘‘Airworthiness Directives: Airbus AA66) received on August 11, 2004; to the gram Analyst, Federal Aviation Administra- Model A319–111, 112, 113, and 114; A–320–111, Committee on Commerce, Science, and tion, Department of Transportation, trans- 211, 212, and 214; and A–321–111, 112, and 211 Transportation. mitting, pursuant to law, the report of a rule Series Airplanes’’ (RIN2120–AA64) received EC–8802. A communication from the Pro- entitled ‘‘Airworthiness Directives: Rolls on August 11, 2004; to the Committee on gram Analyst, Federal Aviation Administra- Royce plc RB211 Trent 500 Series Turbofan Commerce, Science, and Transportation. tion, Department of Transportation, trans- Engines’’ (RIN2120–AA64) received on August EC–8793. A communication from the Pro- mitting, pursuant to law, the report of a rule 11, 2004; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class E Airspace; Science, and Transportation. tion, Department of Transportation, trans- Festus, MO; Doc. No. 04–ACE–14’’ (RIN2120– EC–8784. A communication from the Pro- mitting, pursuant to law, the report of a rule AA66) received on August 11, 2004; to the gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Committee on Commerce, Science, and tion, Department of Transportation, trans- Aircruisers Company Emergency Evacuation Transportation. mitting, pursuant to law, the report of a rule Slide/Raft System; Correction’’ (RIN2120– EC–8803. A communication from the Pro- entitled ‘‘Airworthiness Directives: Boeing AA64) received on August 11, 2004; to the gram Analyst, Federal Aviation Administra- Model 777 Series Airplanes’’ (RIN2120–AA64) Committee on Commerce, Science, and tion, Department of Transportation, trans- received on August 11, 2004; to the Com- Transportation. mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8858 CONGRESSIONAL RECORD — SENATE September 7, 2004 entitled ‘‘Modification of Class E Airspace; metric Visibility Requirements for Lamps’’ tration, Department of Transportation, Des Moines, IA; Doc. No. 04–ACE–11’’ (RIN2127–AF75) received on August 11, 2004; transmitting, pursuant to law, the report of (RIN2120–AA66) received on August 11, 2004; to the Committee on Commerce, Science, a rule entitled ‘‘Airworthiness Directives: to the Committee on Commerce, Science, and Transportation. Recission; Robinson Helicopter Compant and Transportation. EC–8813. A communication from the Attor- Model R44 Helicopters’’ (RIN2120–AA64) re- EC–8804. A communication from the Pro- ney Advisor, National Highway Traffic Safe- ceived on August 11, 2004; to the Committee gram Analyst, Federal Aviation Administra- ty Administration, Department of Transpor- on Commerce, Science, and Transportation. tion, Department of Transportation, trans- tation, transmitting, pursuant to law, the re- EC–8823. A communication from the Senior mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Final Rule, Response Attorney, Research and Special Programs entitled ‘‘Modification of Class E Airspace; to Petitions for Reconsideration, Correc- Administration, Department of Transpor- Fairbury, NE; Doc. No. 04–ACE–43’’ (RIN2120– tions; Child Restraint Anchorage Systems’’ tation, transmitting, pursuant to law, the re- AA66) received on August 11, 2004; to the (RIN2127–AJ39) received on August 11, 2004; port of a rule entitled ‘‘Pipeline Safety: Peri- Committee on Commerce, Science, and to the Committee on Commerce, Science, odic Underwater Inspections’’ (RIN2137– Transportation. and Transportation. AC54) received on August 11, 2004; to the EC–8805. A communication from the Pro- EC–8814. A communication from the Attor- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- ney Advisor, National Highway Traffic Safe- Transportation. tion, Department of Transportation, trans- ty Administration, Department of Transpor- EC–8824. A communication from the Attor- mitting, pursuant to law, the report of a rule tation, transmitting, pursuant to law, the re- ney Advisor, Maritime Administration, De- entitled ‘‘Revision of Class E Airspace; port of a rule entitled ‘‘Disposition of Re- partment of Transportation, transmitting, Kipnuk, AK; Doc. No. 04–AAL–05’’ (RIN2120– called Tires’’ (RIN2127–AI29) received on Au- pursuant to law, the report of a rule entitled AA66) received on August 11, 2004; to the gust 11, 2004; to the Committee on Com- ‘‘Administrative Waivers of the Coastwise Committee on Commerce, Science, and merce, Science, and Transportation. Trade Laws for Eligible Vessels’’ (RIN2133– Transportation. EC–8815. A communication from the Para- AB49) received on August 11, 2004; to the EC–8806. A communication from the Pro- legal Specialist, Federal Aviation Adminis- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- tration, Department of Transportation, Transportation. tion, Department of Transportation, trans- transmitting, pursuant to law, the report of EC–8825. A communication from the Acting mitting, pursuant to law, the report of a rule a rule entitled ‘‘Modification of Class E Air- Director, Office of Sustainable Fisheries, Na- entitled ‘‘Colo Void Clause Coalition; An- space; Ashtabula, OH Doc. No. 03–AGL–18’’ tional Marine Fisheries Service, transmit- tenna Systems Co-Location; Voluntary Best (RIN2120–AA66) received on August 11, 2004; ting, pursuant to law, the report of a rule en- Practices; Statement of Policy and Disposi- to the Committee on Commerce, Science, titled ‘‘Closure of ‘Other Rockfish’ in the tion of Comments; Doc. No. 2004–16982’’ and Transportation. Western Regulatory Area of the Gulf of Alas- (RIN2120–ZZ52) received on August 11, 2004; EC–8816. A communication from the Para- ka’’ received on August 11, 2004; to the Com- to the Committee on Commerce, Science, legal Specialist, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- and Transportation. tration, Department of Transportation, tation. EC–8807. A communication from the Pro- transmitting, pursuant to law, the report of EC–8826. A communication from the Acting gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Modification of Class E Air- Director, Office of Sustainable Fisheries, Na- tion, Department of Transportation, trans- space; Oshkosh, NE Doc. No. 04–ACE–27’’ tional Marine Fisheries Service, transmit- mitting, pursuant to law, the report of a rule (RIN2120–AA66) received on August 11, 2004; ting, pursuant to law, the report of a rule en- entitled ‘‘Establishment of Class D and E to the Committee on Commerce, Science, titled ‘‘Closure of the Pelagic Shelf Rockfish Airspace; Amendment of Class E Airspace; and Transportation. in the Western Yakutat District of the Gulf New Smyrna Beach, FL; Doc. No. 04–ASO–3’’ EC–8817. A communication from the Para- of Alaska’’ received on August 11, 2004; to the (RIN2120–AA66) received on August 11, 2004; legal Specialist, Federal Aviation Adminis- Committee on Commerce, Science, and to the Committee on Commerce, Science, tration, Department of Transportation, Transportation. and Transportation. transmitting, pursuant to law, the report of EC–8827. A communication from the Assist- EC–8808. A communication from the Pro- a rule entitled ‘‘Modification of Class E Air- ant Administrator for Fisheries, Office of gram Analyst, Federal Aviation Administra- space; Columbus, NE Doc. No. 04–ACE–42’’ Sustainable Fisheries, National Marine Fish- tion, Department of Transportation, trans- (RIN2120–AA66) received on August 11, 2004; eries Service, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule to the Committee on Commerce, Science, the report of a rule entitled ‘‘Atlantic Highly entitled ‘‘Establishment of Class E Airspace; and Transportation. Migratory Species (HMS); Pelagic Longline Jamestown, KY’’ (RIN2120–AA66) received on EC–8818. A communication from the Para- Fishery’’ (RIN0648–AR80) received on August August 11, 2004; to the Committee on Com- legal Specialist, Federal Aviation Adminis- 11, 2004; to the Committee on Commerce, merce, Science, and Transportation. tration, Department of Transportation, Science, and Transportation. EC–8809. A communication from the Pro- transmitting, pursuant to law, the report of EC–8828. A communication from the Direc- gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Amendment of Class E Air- tor, Office of White House Liaison, Depart- tion, Department of Transportation, trans- space; Dayton, TN Doc. No. 04–ASO–06’’ ment of Commerce, transmitting, pursuant mitting, pursuant to law, the report of a rule (RIN2120–AA66) received on August 11, 2004; to law, the report of a nomination confirmed entitled ‘‘Standard Instrument Approach to the Committee on Commerce, Science, for the position of Deputy Secretary, Depart- Procedures; Miscellaneous Amendments (42) and Transportation. ment of Commerce, received on August 11, Amdt. No. 3100’’ (RIN2120–AA65) received on EC–8819. A communication from the Para- 2004; to the Committee on Commerce, August 11, 2004; to the Committee on Com- legal Specialist, Federal Aviation Adminis- Science, and Transportation. merce, Science, and Transportation. tration, Department of Transportation, EC–8829. A communication from the Direc- EC–8810. A communication from the Dep- transmitting, pursuant to law, the report of tor, Office of White House Liaison, Depart- uty Division Chief, Pricing Policy Division, a rule entitled ‘‘Modification of Class E Air- ment of Commerce, transmitting, pursuant Federal Communications Commission, trans- space; Greencastle, IN Doc. No. 03–AGL–19’’ to law, the report of a designation of acting mitting, pursuant to law, the report of a rule (RIN2120–AA66) received on August 11, 2004; officer and change in previously submitted entitled ‘‘Federal-State Joint Conference on to the Committee on Commerce, Science, reported information for the position of Gen- Accounting Issues; 2000 Biennial Regulatory and Transportation. eral Counsel, Office of the Deputy Secretary, Review—Comprehensive Review of the Ac- EC–8820. A communication from the Para- Department of Commerce, received on Au- counting Requirements and ARMIS Report- legal Specialist, Federal Aviation Adminis- gust 11, 2004; to the Committee on Com- ing Requirements for Incumbent Local Ex- tration, Department of Transportation, merce, Science, and Transportation. change Carriers: Phase II’’ (FCC04–149) re- transmitting, pursuant to law, the report of EC–8830. A communication from the Direc- ceived on August 11, 2004; to the Committee a rule entitled ‘‘Airworthiness Directives: tor, Office of White House Liaison, Depart- on Commerce, Science, and Transportation. Kaman Aerospace Corporation Model K–1200 ment of Commerce, transmitting, pursuant EC–8811. A communication from the Chief, Helicopters’’ (RIN2120–AA64) received on Au- to law, the report of a nomination confirmed Policy and Rules Division Federal Commu- gust 11, 2004; to the Committee on Com- and change in previously submitted reported nications Commission, transmitting, pursu- merce, Science, and Transportation. information for the position of Assistant ant to law, the report of a rule entitled EC–8821. A communication from the Para- Secretary for Communications and Informa- ‘‘Modification of Parts 2 and 15 of the Com- legal Specialist, Federal Aviation Adminis- tion, Department of Commerce, received on mission’s Rules for Unlicensed Devices and tration, Department of Transportation, August 11, 2004; to the Committee on Com- Equipment Approval’’ (ET Doc. NO. 03–201) transmitting, pursuant to law, the report of merce, Science, and Transportation. received on August 11, 2004; to the Com- a rule entitled ‘‘Airworthiness Directives: EC–8831. A communication from the Assist- mittee on Commerce, Science, and Transpor- Schweizer Aircraft Corporation Model 269A, ant Secretary for Export Administration, tation. 269A–1, 269B, 269C, and TH–55A Helicopters’’ Bureau of Industry and Security, Depart- EC–8812. A communication from the Attor- (RIN2120–AA64) received on August 11, 2004; ment of Commerce, transmitting, pursuant ney Advisor, National Highway Traffic Safe- to the Committee on Commerce, Science, to law, the report of a rule entitled ‘‘Revi- ty Administration, Department of Transpor- and Transportation. sions of Export Licensing Jurisdiction of tation, transmitting, pursuant to law, the re- EC–8822. A communication from the Para- Certain Types of Energetic Materials and port of a rule entitled ‘‘Alternative Geo- legal Specialist, Federal Aviation Adminis- Other Chemicals Based on Review of the

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8859 United States Munitions List’’ (RIN0694– tion, transmitting, pursuant to law, the re- EC–8849. A communication from the Ad- AC75) received on August 11, 2004; to the port of a rule entitled ‘‘Benefits Payable in ministrator Office of Workforce Security, Committee on Commerce, Science, and Terminated Single-Employer Plans; Alloca- Employment and Training Administration, Transportation. tion of Assets in Single-Employer Plans; In- Department of Labor, transmitting, pursu- EC–8832. A communication from the Assist- terest Assumptions for Valuing and Paying ant to law, the report of a rule entitled ‘‘Re- ant Administrator for Procurement, Na- Benefits’’ received on August 6, 2004; to the payment of Non-Federal Loans Used to Pay tional Aeronautic and Space Administration, Committee on Health, Education, Labor, and Unemployment Compensation’’ (UIPL 7–04) transmitting, pursuant to law, the report of Pensions. received on August 6, 2004; to the Committee a rule entitled ‘‘Representations and Certifi- EC–8841. A communication from the Assist- on Health, Education, Labor, and Pensions. cations—Other Than Commercial Items’’ ant General Counsel for Regulations, Office EC–8850. A communication from the Direc- (RIN2700–AC97) received on August 18, 2004; of the General Counsel, Department of Edu- tor, Regulations Policy and Management to the Committee on Commerce, Science, cation, transmitting, pursuant to law, the Staff, Food and Drug Administration, trans- and Transportation. report of a rule entitled ‘‘National Institute mitting, pursuant to law, the report of a rule EC–8833. A communication from the Direc- on Disability and Rehabilitation Research— entitled ‘‘Medical Devices; Effective Date of tor, Corporate Policy and Research Depart- Rehabilitation Research and Training Cen- Requirement for Premarket Approval for ment, Pension Benefit Guaranty Corpora- ters Program—Health and Function Out- Three Class III Preamendments Devices’’ tion, transmitting, pursuant to law, the re- comes for Individuals with Disabilities’’ (Doc. No. 2003N–0468) received on August 6, port of a rule entitled ‘‘Benefits Payable in (RIN1820–ZA37) received on August 6, 2004; to 2004; to the Committee on Health, Education, Terminated Single-Employer Plans; Alloca- the Committee on Health, Education, Labor, Labor, and Pensions. tion of Assets in Single-Employer Plans; In- and Pensions. EC–8851. A communication from the Sec- terest Assumptions for Valuing and Paying EC–8842. A communication from the Assist- retary of Transportation, transmitting, pur- Benefits’’ received on August 18, 2004; to the ant General Counsel for Regulations, Office suant to law, a report entitled ‘‘Report to Committee on Health, Education, Labor, and of the General Counsel, Department of Edu- Congress on the Fiscal Year (FY) 2003 Com- Pensions. cation, transmitting, pursuant to law, the petitive Sourcing Efforts’’; to the Committee EC–8834. A communication from the Direc- report of a rule entitled ‘‘National Institute on Health, Education, Labor, and Pensions. tor, Regulations Policy and Management on Disability and Rehabilitation Research— EC–8852. A communication from the Assist- Staff, Food and Drug Administration, trans- Rehabilitation Research and Training Cen- ant General Counsel for Regulations, Office mitting, pursuant to law, the report of a rule ters Program—Community Integration for of Special Education and Rehabilitative entitled ‘‘Listing of Color Additives Subject Individuals with Disabilities’’ (RIN1820– Services, Department of Education, trans- to Certification; D&C Black No. 2’’ (Doc. No. ZA34) received on August 6, 2004; to the Com- mitting, pursuant to law, the report of a rule 1987C–0023) received on August 18, 2004; to the mittee on Health, Education, Labor, and entitled ‘‘Special Demonstration Programs— Committee on Health, Education, Labor, and Pensions. Model Demonstration Projects—Positive EC–8843. A communication from the Assist- Pensions. Psychology’’ (RIN1820–ZA35) received on Au- ant General Counsel for Regulations, Office EC–8835. A communication from the Gen- gust 11, 2004; to the Committee on Health, of the General Counsel, Department of Edu- eral Counsel, Architectural and Transpor- Education, Labor, and Pensions. tation Barriers Compliance Board, transmit- cation, transmitting, pursuant to law, the EC–8853. A communication from the Sec- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘National Institute retary of Health and Human Services, trans- titled ‘‘Americans with Disabilities Act on Disability and Rehabilitation Research— mitting, pursuant to law, the Report on De- Disability and Rehabilitation Research (ADA) Accessibility Guidelines for Buildings velopmental Disabilities Programs for Fiscal Projects and Centers Program—Rehabilita- and Facilities; Architectural Barriers Act Years 2001 and 2002; to the Committee on tion Engineering Research Centers’’ (ABA) Accessibility Guidelines’’ (RIN3014– Health, Education, Labor, and Pensions. AA20) received on July 23, 2004; to the Com- (RIN1820–ZA33) received on August 6, 2004; to EC–8854. A communication from the Direc- mittee on Health, Education, Labor, and the Committee on Health, Education, Labor, tor, Occupational Safety and Health Admin- and Pensions. Pensions. istration, Department of Labor, transmit- EC–8844. A communication from the Assist- EC–8836. A communication from the Regu- ting, pursuant to law, the report of a rule en- ant General Counsel for Regulations, Office lations Coordinator, Center for Medicare and titled ‘‘Controlled Negative Pressure REDON of the General Counsel, Department of Edu- Medicaid Services, Department of Health cation, transmitting, pursuant to law, the Fit Testing Protocol’’ (RIN1218–AC05) re- and Human Services, transmitting, pursuant report of a rule entitled ‘‘National Institute ceived on August 11, 2004; to the Committee to law, the report of a rule entitled ‘‘Re- on Disability and Rehabilitation Research— on Health, Education, Labor, and Pensions. quirements for the Group Health Insurance EC–8855. A communication from the Rules Rehabilitation Research and Training Cen- Market; Non-Federal Governmental Plans Administrator, Federal Bureau of Prisons, ters Program—Improving Employment Out- Exempt from HIPPA Title I Requirements’’ Department of Justice, transmitting, pursu- comes’’ (RIN1820–ZA26) received on August 6, (RIN0938–AK00) received on July 27, 2004; to 2004; to the Committee on Health, Education, ant to law, the report of a rule entitled the Committee on Health, Education, Labor, Labor, and Pensions. ‘‘Comments on UNICOR Business Operations: and Pensions. EC–8845. A communication from the Acting Clarification of Addresses’’ (RIN1120–AB15) EC–8837. A communication from the Regu- Director, National Science Foundation, received on August 18, 2004; to the Com- lations Coordinator, Centers for Medicare transmitting, pursuant to law, a report enti- mittee on the Judiciary. and Medicaid Services, Department of tled ‘‘Women, Minorities, and Persons with EC–8856. A communication from the Direc- Health and Human Services, transmitting, Disabilities in Science and Engineering: tor, Regulations and Forms Services, Bureau pursuant to law, the report of a rule entitled 2004’’; to the Committee on Health, Edu- of Citizenship and Immigration Services, ‘‘Amendment to the Interim Final Regula- cation, Labor, and Pensions. transmitting, pursuant to law, the report of tion for Mental Health Parity’’ (RIN0938– EC–8846. A communication from the Acting a rule entitled ‘‘Extension of the Deadline AL42) received on July 27, 2004; to the Com- Director of Communications and Legislative for Certain Health Care Workers Required to mittee on Health, Education, Labor, and Affairs, Equal Employment Opportunity Obtain Certificates’’ (RIN1615–AB28) received Pensions. Commission, transmitting, pursuant to law, on July 25, 2004; to the Committee on the Ju- EC–8838. A communication from the the Commission’s Report on the Federal diciary. Human Resources Specialist, Department of Work Force for fiscal year 2003; to the Com- EC–8857. A communication from the Rules Labor, transmitting, pursuant to law, the re- mittee on Health, Education, Labor, and Administrator, Federal Bureau of Prisons, port of a vacancy and designation of acting Pensions. Department of Justice, transmitting, pursu- officer for the position of Administrator, EC–8847. A communication from the Direc- ant to law, the report of a rule entitled ‘‘Ad- Wage and Hour Division, Department of tor, Regulations Policy and Management mission and Orientation Program: Removal Labor, received on July 26, 2004; to the Com- Staff, Food and Drug Administration, trans- from Rules’’ (RIN1120–AB08) received on July mittee on Health, Education, Labor, and mitting, pursuant to law, the report of a rule 26, 2004; to the Committee on the Judiciary. Pensions. entitled ‘‘Food Additives Permitted for Di- EC–8858. A communication from the Gen- EC–8839. A communication from the Ad- rect Addition to Food for Human Consump- eral Counsel, Executive Office for Immigra- ministrator, Office of Workforce Security, tion; Olestra; Correction’’ (Doc. No. 1999F– tion Review, Department of Justice, trans- Department of Labor, transmitting, pursu- 0719) received on August 6, 2004; to the Com- mitting, pursuant to law, the report of a rule ant to law, the report of a rule entitled ‘‘Un- mittee on Health, Education, Labor, and entitled ‘‘Executive Office for Immigration employment Insurance Program Letter Pensions. Review; Definitions; Fees; Powers and Au- (UIPL) 14–01—Treatment of Indian Tribes EC–8848. A communication from the Direc- thority of DHS Officers and Employees in Under Federal Unemployment Compensation tor, Regulations Policy and Management Removal Proceedings’’ (RIN1125–AA43) re- Law; UIPL 14–01, Change 1—Questions and Staff, Food and Drug Administration, trans- ceived on August 6, 2004; to the Committee Answers’’ received on August 6, 2004; to the mitting, pursuant to law, the report of a rule on the Judiciary. Committee on Health, Education, Labor, and entitled ‘‘Use of Materials Derived from Cat- EC–8859. A communication from the Direc- Pensions. tle in Human Food and Cosmetics’’ (RIN0910– tor, Regulations and Forms Services, Bureau EC–8840. A communication from the Direc- AF47) received on August 6, 2004; to the Com- of Citizenship and Immigration Services, tor, Corporate Policy and Research Depart- mittee on Health, Education, Labor, and transmitting, pursuant to law, the report of ment, Pension Benefit Guaranty Corpora- Pensions. a rule entitled ‘‘Employment Authorization

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8860 CONGRESSIONAL RECORD — SENATE September 7, 2004 Documents’’ (RIN1615–AA63) received on Au- to the Committee on Agriculture, Nutrition, NOTIFICATION OF THE PRESI- gust 6, 2004; to the Committee on the Judici- and Forestry. DENT’S INTENTION TO DES- ary. EC–8870. A communication from the Ad- IGNATE IRAQ AS A BENEFICIARY EC–8860. A communication from the Dep- ministrator, Agricultural Marketing Pro- DEVELOPING COUNTRY FOR uty General Counsel and Designated Report- grams, Department of Agriculture, transmit- ing Official, transmitting, pursuant to law, ting, pursuant to law, the report of a rule en- PURPOSES OF THE GENERAL- the report of a vacancy and designation of titled ‘‘Oranges, Grapefruit, Tangerines, and IZED SYSTEM OF PREF- acting officer for the position of Deputy Di- Tangelos Grown in Florida; Limiting the ERENCES—PM 92 rector for Demand Reduction, Office of Na- Volume of Small Red Seedless Grapefruit’’ The PRESIDING OFFICER laid be- tional Drug Control Policy, received on Au- (FV04–905–3) received on August 18, 2004; to fore the Senate the following message gust 6, 2004; to the Committee on the Judici- the Committee on Agriculture, Nutrition, ary. and Forestry. from the President of the United EC–8861. A communication from the Rules EC–8871. A communication from the Ad- States, together with an accompanying Administrator, Federal Bureau of Prisons, ministrator, Agricultural Marketing Pro- report; which was referred to the Com- transmitting, pursuant to law, the report of grams, Department of Agriculture, transmit- mittee on Finance: a rule entitled ‘‘Inmate Commissary Account ting, pursuant to law, the report of a rule en- To the Congress of the United States: Deposit Procedures’’ (RIN1120–AA86) received titled ‘‘Oranges, Grapefruit, Tangerines, and Pursuant to section 502(f) of the on August 6, 2004; to the Committee on the Tangelos Grown in Florida; Exemption for Judiciary. Shipments of Tree Run Citrus’’ (FV04–905–2) Trade Act of 1974, as amended (the EC–8862. A communication from the Assist- received on August 18, 2004; to the Com- ‘‘1974 Act’’), I am writing to inform you ant Chief, Regulations and Procedures Divi- mittee on Agriculture, Nutrition, and For- of my intent to designate Iraq as a ben- sion, Alcohol and Tobacco Tax and trade Bu- estry. eficiary developing country for pur- reau, Treasury Department, transmitting, EC–8872. A communication from the Ad- poses of the Generalized System of pursuant to law, the report of a rule entitled ministrator, Agricultural Marketing Pro- Preferences (GSP). ‘‘Red Hills Lake County Viticultural Area’’ grams, Department of Agriculture, transmit- I have considered the criteria set (RIN1513–AA33) received on August 6, 2004; to ting, pursuant to law, the report of a rule en- the Committee on the Judiciary. forth in sections 501 and 502 of the 1974 titled ‘‘Nectarines and Peaches Grown in Act. In light of these criteria, I have EC–8863. A communication from the Assist- California; Decreased Assessment Rates’’ ant Chief, Regulations and Procedures Divi- (FV04–916/7–4) received on August 18, 2004; to determined that it is appropriate to ex- sion, transmitting, pursuant to law, the re- the Committee on Agriculture, Nutrition, tend GSP benefits to Iraq. port of a rule entitled ‘‘Removal of Require- and Forestry. GEORGE W. BUSH. ment to Disclose Saccharin in the Labeling EC–8873. A communication from the Ad- THE WHITE HOUSE, September 7, 2004. of Wine, Distilled Spirits, and Malt Bev- ministrator, Agricultural Marketing Pro- f erages’’ (RIN1513–AA93) received on August 6, grams, Department of Agriculture, transmit- 2004; to the Committee on the Judiciary. ting, pursuant to law, the report of a rule en- REPORTS OF COMMITTEES EC–8864. A communication from the Acting titled ‘‘Oranges, Grapefruit, Tangerines, and Under Secretary and Acting Director, Patent Under the authority of the order of Tangelos Grown in Florida; Modifying the and Trademark Office, transmitting, pursu- Procedures Used to Limit the Volume of the Senate of July 22, 2004, the fol- ant to law, the report of a rule entitled Small Red Seedless Grapefruit Grown in lowing reports of committees were sub- ‘‘Rules of Practice Before the Board of Pat- Florida’’ (FV04–905–5) received on August 18, mitted on August 25, 2004: ent Appeals and Interferences’’ (RIN0651– 2004; to the Committee on Agriculture, Nu- AB32) received on August 11, 2004; to the By Mr. INHOFE, from the Committee on trition, and Forestry. Committee on the Judiciary. Environment and Public Works, without EC–8865. A communication from the Direc- EC–8874. A communication from the Ad- amendment: tor, Office of National Drug Control Policy, ministrator, Agricultural Marketing Pro- S. 2495. A bill to strike limitations on fund- Executive Office of the President, transmit- grams, Department of Agriculture, transmit- ing and extend the period of authorization ting, pursuant to law, the ‘‘Plan Colombia/ ting, pursuant to law, the report of a rule en- for certain coastal wetland conservation Andean Ridge Counterdrug Initiative Semi- titled ‘‘Oranges and Grapefruit Grown in projects (Rept. No. 108–312). Annual Obligation Report, 1st and 2nd Quar- Lower Rio Grande Valley in Texas; De- S. 2547. A bill to amend the Migratory Bird ters Fiscal Year 2004’’; to the Committee on creased Assessment Rate’’ (FV04–906–2) re- Treaty Act to exclude non-native migratory the Judiciary. ceived on August 18, 2004; to the Committee bird species from the application of that Act, EC–8866. A communication from the Con- on Agriculture, Nutrition, and Forestry. and for other purposes (Rept. No. 108–313). gressional Review Coordinator, Animal and EC–8875. A communication from the Ad- S. 2773. An original bill to provide for the Plant Health Inspection Service, Department ministrator, Agricultural Marketing Pro- consideration and development of water and of Agriculture, transmitting, pursuant to grams, Department of Agriculture, transmit- related resources, to authorize the Secretary law, the report of a rule entitled ‘‘Tuber- ting, pursuant to law, the report of a rule en- of the Army to construct various projects for culosis in Cattle; Import Regulations’’ (Doc. titled ‘‘Pistachios Grown in California; improvements to rivers and harbors of the 03–081–2) received on August 18, 2004; to the Delay of Effective Date for Aflatoxin, Size United States, and for other purposes (Rept. Committee on Agriculture, Nutrition, and and Quality Requirements’’ (FV02–983–1) re- No. 108–314). Forestry. ceived on August 18, 2004; to the Committee H.R. 2408. To amend the Fish and Wildlife EC–8867. A communication from the Ad- on Agriculture, Nutrition, and Forestry. Act of 1956 to reauthorize volunteer pro- ministrator, Risk Management Agency, De- EC–8876. A communication from the Ad- grams and community partnerships for na- partment of Agriculture, transmitting, pur- ministrator, Agricultural Marketing Pro- tional wildlife refuges and for other purposes suant to law, the report of a rule entitled grams, Department of Agriculture, transmit- (Rept. No. 108–315). ‘‘Common Crop Insurance Regulations; Proc- ting, pursuant to law, the report of a rule en- By Mr. GRASSLEY, from the Committee essing Tomato Crop Insurance Provisions’’ titled ‘‘Nectarines and Peaches Grown in on Finance: (RIN0563–AB90) received on August 18, 2004; California; Revision of Handling Require- Report to accompany S. 2610, A bill to im- to the Committee on Agriculture, Nutrition, ments for Fresh Nectarines and Peaches’’ plement the United States-Australia Free and Forestry. (FV04–916/7–02) received on August 18, 2004; to Trade Agreement (Rept. No. 108–316). EC–8868. A communication from the Ad- the Committee on Agriculture, Nutrition, Report to accompany S. 2677, A bill to im- ministrator, Risk Management Agency, De- and Forestry. plement the United States-Morocco Free partment of Agriculture, transmitting, pur- EC–8877. A communication from the Con- Trade Agreement ((Rept. No. 108–317). suant to law, the report of a rule entitled gressional Review Coordinator, Animal and By Ms. COLLINS, from the Committee on ‘‘Common Crop Insurance Regulations; Gen- Plant Health Inspection Service, Department Governmental Affairs, with an amendment eral Administrative Regulations, Cata- of Agriculture, transmitting, pursuant to in the nature of a substitute: strophic Risk Protection Endorsement; law, the report of a rule entitled ‘‘Imported S. 2468. A bill to reform the postal laws of Group Risk Plan of Insurance Regulations Fire Ant; Additions to Quarantined Areas’’ the United States (Rept. No. 108–318). for the 2004 and Succeeding Crop Years; and (Doc. No. 03–109–2) received on July 27, 2004; By Mr. DOMENICI, from the Committee on the Common Crop Insurance Regulations, to the Committee on Agriculture, Nutrition, Energy and Natural Resources, with an Basic Provisions’’ (RIN0563–AB94) received and Forestry. amendment in the nature of a substitute and on August 18, 2004; to the Committee on Ag- EC–8878. A communication from the Ad- an amendment to the title: riculture, Nutrition, and Forestry. ministrator, Agricultural Marketing Serv- S. 203. A bill to open certain withdrawn EC–8869. A communication from the Ad- ice, Department of Agriculture, transmit- land in Big Horn County, Wyoming, to ministrator, Rural Utilities Service, Depart- ting, pursuant to law, the report of a rule en- locatable mineral development for bentonite ment of Agriculture, transmitting, pursuant titled ‘‘Decreased Assessment Rate for Spec- mining (Rept. No. 108–319). to law, the report of a rule entitled ‘‘7 CFR ified Marketing Orders’’ (FV04–922–1) re- S. 931. A bill to direct the Secretary of the Part 1739, Broadband Grant Program’’ ceived on August 18, 2004; to the Committee Interior to undertake a program to reduce (RIN0572–AB94) received on August 18, 2004; on Agriculture, Nutrition, and Forestry. the risks from and mitigate the effects of

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8861 avalanches on visitors to units of the Na- REPORTS OF COMMITTEES S. 540 tional Park System and on other rec- At the request of Mr. INHOFE, the reational users of public land (Rept. No. 108– The following reports of committees were submitted: names of the Senator from Missouri 320). (Mr. BOND), the Senator from Illinois By Mr. DOMENICI, from the Committee on By Mr. CAMPBELL, from the Committee (Mr. DURBIN), the Senator from Hawaii Energy and Natural Resources, with an on Indian Affairs, with an amendment in the amendment in the nature of a substitute: nature of a substitute: (Mr. INOUYE) and the Senator from Ari- S. 2052. A bill to amend the National Trails S. 2382. A bill to establish grant programs zona (Mr. MCCAIN) were added as co- System Act to designate El Camino Real de for the development of telecommunications sponsors of S. 540, a bill to authorize los Tejas as a National Historic Trail (Rept. capacities in Indian country (Rept. No. 108– the presentation of gold medals on be- No. 108–321). 335). half of Congress to Native Americans By Mr. DOMENICI, from the Committee on f who served as Code Talkers during for- Energy and Natural Resources, with amend- INTRODUCTION OF BILLS AND eign conflicts in which the United ments: States was involved during the 20th S. 2167. A bill to establish the Lewis and JOINT RESOLUTIONS Century in recognition of the service of Clark National Historical Park in the States The following bills and joint resolu- of Washington and Oregon, and for other pur- those Native Americans to the United poses (Rept. No. 108–322). tions were introduced, read the first States. By Mr. DOMENICI, from the Committee on and second times by unanimous con- S. 1250 Energy and Natural Resources, with an sent, and referred as indicated: At the request of Mr. BURNS, the amendment in the nature of a substitute: By Mr. MCCAIN (for himself, Mr. LIE- name of the Senator from California S. 2173. A bill to further the purposes of the BERMAN, Mr. SPECTER, Mr. BAYH, Mr. (Mrs. BOXER) was added as a cosponsor Sand Creek Massacre National Historic Site GRAHAM of South Carolina, Mr. of S. 1250, a bill to improve, enhance, Establishment Act of 2000 (Rept. No. 108–323). DASCHLE, Mrs. CLINTON, Mr. NELSON and promote the Nation’s homeland se- S. 2285. A bill to direct the Secretary of the of Florida, Mr. CORZINE, and Ms. MI- Interior to convey a parcel of real property KULSKI): curity, public safety, and citizen acti- to Beaver County, Utah (Rept. No. 108–324). S. 2774. A bill to implement the rec- vated emergency response capabilities By Mr. DOMENICI, from the Committee on ommendations of the National Commission through the use of enhanced 911 serv- Energy and Natural Resources, with amend- on Terrorist Attacks Upon the United ices, to further upgrade Public Safety ments: States, and for other purposes; read the first Answering Point capabilities and re- S. 2287. A bill to adjust the boundary of the time. lated functions in receiving E-911 calls, Barataria Preserve Unit of Jean Lafitte Na- By Ms. LANDRIEU: and to support the construction and tional Historical Park and Preserve in the S. 2775. A bill for the relief of Raheela Naz State of Louisiana, and for other purposes Khan; to the Committee on the Judiciary. operation of a ubiquitous and reliable (Rept. No. 108–325). By Mr. SPECTER: citizen activated system and other pur- By Mr. DOMENICI, from the Committee on S. 2776. A bill to require the Secretary of poses. Energy and Natural Resources, with an Veterans Affairs to carry out a program of S. 1277 amendment in the nature of a substitute: outreach to veterans of World War II and the At the request of Mr. BIDEN, the S. 2460. A bill to provide assistance to the Korean conflict on the nature and avail- name of the Senator from Pennsyl- State of New Mexico for the development of ability of benefits for veterans, and for other vania (Mr. SPECTER) was added as a co- comprehensive State water plans, and for purposes; to the Committee on Veterans’ Af- sponsor of S. 1277, a bill to amend title other purposes (Rept. No. 108–326). fairs. By Mr. DOMENICI, from the Committee on By Mr. BENNETT (for himself and Mr. I of the Omnibus Crime Control and Energy and Natural Resources, with an HATCH): Safe Streets Act of 1968 to provide amendment: S. 2777. A bill to protect public health and standards and procedures to guide both S. 2508. A bill to redesignate the Ridges safety in the event that testing of nuclear State and local law enforcement agen- Basin Reservoir, Colorado, as Lake weapons by the United States is resumed; to cies and law enforcement officers dur- Nighthorse (Rept. No. 108–327). the Committee on Energy and Natural Re- ing internal investigations, interroga- By Mr. DOMENICI, from the Committee on sources. Energy and Natural Resources, with an tion of law enforcement officers, and amendment in the nature of a substitute: f administrative disciplinary hearings, S. 2511. A bill to direct the Secretary of the ADDITIONAL COSPONSORS to ensure accountability of law en- Interior to conduct a feasibility study of a forcement officers, to guarantee the Chimayo water supply system, to provide for S. 333 due process rights of law enforcement the planning, design, and construction of a At the request of Mr. BREAUX, the discipline, accountability, and due water supply, reclamation, and filtration fa- name of the Senator from Maine (Ms. process laws. cility for Espanola, New Mexico, and for SNOWE) was added as a cosponsor of S. S. 1630 other purposes (Rept. No. 108–328). 333, a bill to promote elder justice, and At the request of Mrs. DOLE, the S. 2543. A bill to establish a program and for other purposes. criteria for National Heritage Areas in the name of the Senator from Pennsyl- S. 453 United States, and for other purposes (Rept. vania (Mr. SPECTER) was added as a co- No. 108–329). At the request of Mrs. HUTCHISON, the sponsor of S. 1630, a bill to facilitate By Mr. DOMENICI, from the Committee on name of the Senator from Pennsyl- nationwide availability of 2-1-1 tele- Energy and Natural Resources, without vania (Mr. SANTORUM) was added as a phone service for information and re- amendment: cosponsor of S. 453, a bill to authorize ferral services, and for other purposes. H.R. 265. A bill to provide for an adjust- the Health Resources and Services Ad- S. 1704 ment of the boundaries of Mount Rainier Na- ministration and the National Cancer tional Park, and for other purposes (Rept. At the request of Ms. COLLINS, the No. 108–330). Institute to make grants for model pro- name of the Senator from California By Mr. DOMENICI, from the Committee on grams to provide to individuals of (Mrs. BOXER) was added as a cosponsor Energy and Natural Resources, with amend- health disparity populations preven- of S. 1704, a bill to amend the Public ment: tion, early detection, treatment, and Health Service Act to establish a State H.R. 1284. A bill to amend the Reclamation appropriate follow-up care services for family support grant program to end Projects Authorization and Adjustment Act cancer and chronic diseases, and to the practice of parents giving legal of 1992 to increase the Federal share of the make grants regarding patient naviga- custody of their seriously emotionally costs of the San Gabriel Basin demonstra- tors to assist individuals of health dis- tion project (Rept. No. 108–331). disturbed children to State agencies for By Mr. DOMENICI, from the Committee on parity populations in receiving such the purpose of obtaining mental health Energy and Natural Resources, without services. services for those children. amendment: S. 478 S. 1735 H.R. 1616. A bill to authorize the exchange At the request of Mr. SARBANES, the At the request of Mrs. FEINSTEIN, the of certain lands within the Martin Luther name of the Senator from New Jersey name of the Senator from Arizona (Mr. King, Junior, National Historic Site for (Mr. LAUTENBERG) was added as a co- KYL) was added as a cosponsor of S. lands owned by the City of Atlanta, Georgia, and for other purposes (Rept. No. 108–332). sponsor of S. 478, a bill to grant a Fed- 1735, a bill to increase and enhance law H.R. 3768. A bill to expand the Timucuan eral charter Korean War Veterans As- enforcement resources committed to Ecological and Historic Preserve, Florida sociation, Incorporated, and for other investigation and prosecution of vio- (Rept. No. 108–333). purposes. lent gangs, to deter and punish violent

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8862 CONGRESSIONAL RECORD — SENATE September 7, 2004 gang crime, to protect law abiding citi- (Ms. LANDRIEU) was added as a cospon- S. 2477 zens and communities from violent sor of S. 2176, a bill to require the Sec- At the request of Mr. REED, the name criminals, to revise and enhance crimi- retary of Energy to carry out a proof the Senator from Florida (Mr. NEL- nal penalties for violent crimes, to re- gram of research and development to SON) was added as a cosponsor of S. form and facilitate prosecution of juve- advance high-end computing. 2477, a bill to amend the Higher Edu- nile gang members who commit violent S. 2253 cation Act of 1965 to expand college ac- crimes, to expand and improve gang At the request of Mrs. FEINSTEIN, the cess and increase college persistence, prevention programs, and for other name of the Senator from Nevada (Mr. to simplify the process of applying for purposes. REID) was added as a cosponsor of S. student assistance, and for other pur- S. 1773 2253, a bill to permit young adults to poses. At the request of Mr. SANTORUM, the perform projects to prevent fire and S. 2502 name of the Senator from Virginia (Mr. suppress fires, and provide disaster re- At the request of Mr. CRAIG, the ALLEN) was added as a cosponsor of S. lief, on public land through a Healthy name of the Senator from Virginia (Mr. 1773, a bill to permit biomedical re- Forest Youth Conservation Corps. ALLEN) was added as a cosponsor of S. search corporations to engage in cer- S. 2313 2502, a bill to allow seniors to file their tain equity financings without incur- At the request of Mr. GRAHAM of Federal income tax on a new Form ring limitations on net operating loss Florida, the name of the Senator from 1040S. carryforwards and certain built-in South Dakota (Mr. JOHNSON) was added S. 2526 losses, and for other purposes. as a cosponsor of S. 2313, a bill to At the request of Mr. BOND, the S. 1925 amend the Help America Vote Act of names of the Senator from California At the request of Mr. KENNEDY, the 2002 to require a voter-verified perma- (Mrs. BOXER), the Senator from Lou- names of the Senator from Colorado nent record or hardcopy under title III isiana (Ms. LANDRIEU), the Senator (Mr. CAMPBELL) and the Senator from of such Act, and for other purposes. from Illinois (Mr. FITZGERALD), the Pennsylvania (Mr. SPECTER) were S. 2329 Senator from Arkansas (Mrs. LINCOLN) added as cosponsors of S. 1925, a bill to At the request of Mr. KYL, the name and the Senator from Utah (Mr. HATCH) amend the National Labor Relations of the Senator from Texas (Mr. COR- were added as cosponsors of S. 2526, a Act to establish an efficient system to NYN) was added as a cosponsor of S. bill to reauthorize the Children’s Hos- enable employees to form, join, or as- 2329, a bill to protect crime victims’ pitals Graduate Medical Education sist labor organizations, to provide for rights. Program. mandatory injunctions for unfair labor S. 2338 S. 2568 practices during organizing efforts, and for other purposes. At the request of Mr. BOND, the At the request of Mr. BIDEN, the names of the Senator from Maryland names of the Senator from Illinois (Mr. S. 1963 (Mr. SARBANES) and the Senator from DURBIN), the Senator from Pennsyl- At the request of Mrs. BOXER, the Minnesota (Mr. DAYTON) were added as vania (Mr. SANTORUM), the Senator name of the Senator from Minnesota cosponsors of S. 2338, a bill to amend from Pennsylvania (Mr. SPECTER) and (Mr. DAYTON) was added as a cosponsor the Public Health Service Act to pro- the Senator from Alaska (Mr. STEVENS) of S. 1963, a bill to amend the Commu- nications Act of 1934 to protect the pri- vide for arthritis research and public were added as cosponsors of S. 2568, a vacy right of subscribers to wireless health, and for other purposes. bill to require the Secretary of the communication services. S. 2363 Treasury to mint coins in commemora- At the request of Mr. HATCH, the tion of the tercentenary of the birth of S. 1980 name of the Senator from Colorado Benjamin Franklin, and for other pur- At the request of Mr. GRAHAM of poses. Florida, the name of the Senator from (Mr. ALLARD) was added as a cosponsor of S. 2363, a bill to revise and extend S. 2602 Oregon (Mr. WYDEN) was added as a cosponsor of S. 1980, a bill to amend the the Boys and Girls Clubs of America. At the request of Mr. DODD, the Help America Vote Act of 2002 to re- S. 2417 names of the Senator from New Jersey quire a voter-verified permanent record At the request of Mr. COLEMAN, the (Mr. CORZINE) and the Senator from Il- or hardcopy under title III of such Act, name of the Senator from Alaska (Mr. linois (Mr. DURBIN) were added as co- and for other purposes. STEVENS) was added as a cosponsor of sponsors of S. 2602, a bill to provide for S. 1998 S. 2417, a bill to amend title 38, United a circulating quarter dollar coin pro- At the request of Mr. BINGAMAN, the States Code, to authorize the Secretary gram to honor the District of Colum- name of the Senator from Michigan of Veterans Affairs to furnish care for bia, the Commonwealth of Puerto Rico, (Mr. LEVIN) was added as a cosponsor of newborn children of women veterans Guam, American Samoa, the United S. 1998, a bill to amend title 49, United receiving maternity care, and for other States Virgin Islands, and the Com- States Code, to preserve the essential purposes. monwealth of the Northern Mariana Is- air service program. S. 2461 lands, and for other purposes. S. 2018 At the request of Mr. DASCHLE, his S. 2614 At the request of Mr. SPECTER, his name was added as a cosponsor of S. At the request of Mr. CONRAD, the name was added as a cosponsor of S. 2461, a bill to protect the public health name of the Senator from Washington 2018, a bill to amend the National by providing the Food and Drug Ad- (Mrs. MURRAY) was added as a cospon- Trails System Act to extend the Lewis ministration with certain authority to sor of S. 2614, a bill to amend title and Clark National Historic Trail to regulate tobacco products. XVIII of the Social Security Act to im- include additional sites associated with S. 2462 prove the benefits under the medicare the preparation or return phase of the At the request of Mr. WARNER, the program for beneficiaries with kidney expedition, and for other purposes. name of the Senator from Michigan disease, and for other purposes. S. 2077 (Ms. STABENOW) was added as a cospon- S. 2623 At the request of Mr. BAYH, the name sor of S. 2462, a bill to provide addi- At the request of Mr. SMITH, the of the Senator from Connecticut (Mr. tional assistance to recipients of Fed- names of the Senator from Connecticut LIEBERMAN) was added as a cosponsor eral Pell Grants who are pursuing pro- (Mr. LIEBERMAN) and the Senator from of S. 2077, a bill to amend title XIX of grams of study in engineering, mathe- Pennsylvania (Mr. SPECTER) were the Social Security Act to permit addi- matics, science, or foreign languages. added as cosponsors of S. 2623, a bill to tional States to enter into long-term S. 2468 amend section 402 of the Personal Re- care partnerships under the Medicaid At the request of Ms. COLLINS, the sponsibility and Work Opportunity Program in order to promote the use of names of the Senator from Pennsyl- Reconciliation Act of 1996 to provide a long-term care insurance. vania (Mr. SPECTER) and the Senator 2-year extension of supplemental secu- S. 2176 from Nebraska (Mr. HAGEL) were added rity income in fiscal years 2005 through At the request of Mr. BINGAMAN, the as cosponsors of S. 2468, a bill to reform 2007 for refugees, asylees, and certain name of the Senator from Louisiana the postal laws of the United States. other humanitarian immigrants.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8863 S. 2627 S. 2749 National Life Insurance Awareness At the request of Mrs. FEINSTEIN, the At the request of Mr. SARBANES, the Month. name of the Senator from New Jersey name of the Senator from Illinois (Mr. S. RES. 317 (Mr. LAUTENBERG) was added as a co- DURBIN) was added as a cosponsor of S. At the request of Mr. HAGEL, the sponsor of S. 2627, a bill to express the 2749, a bill to establish a grant program name of the Senator from Maryland policy of the United States with re- to provide comprehensive eye examina- (Ms. MIKULSKI) was added as a cospon- spect to the adherence by the United tions to children, and for other pur- sor of S. Res. 317, a resolution recog- States to global standards in the trans- poses. nizing the importance of increasing fer of small arms and light weapons, S. 2754 awareness of autism spectrum dis- and for other purposes. At the request of Mr. DASCHLE, the orders, supporting programs for in- S. 2659 names of the Senator from New York creased research and improved treat- At the request of Ms. COLLINS, the (Mrs. CLINTON) and the Senator from ment of autism, and improving train- names of the Senator from Indiana Maryland (Mr. SARBANES) were added ing and support for individuals with (Mr. LUGAR) and the Senator from as cosponsors of S. 2754, a bill to amend autism and those who care for individ- Pennsylvania (Mr. SANTORUM) were the Social Security Act to protect so- uals with autism. added as cosponsors of S. 2659, a bill to cial security cost-of-living adjustments S. RES. 389 extend the temporary increase in pay- (COLA). At the request of Mr. CAMPBELL, the ments under the medicare program for S. 2760 names of the Senator from Maryland home health services furnished in a At the request of Mr. KYL, the name (Ms. MIKULSKI), the Senator from Kan- rural area. of the Senator from Georgia (Mr. sas (Mr. BROWNBACK), the Senator from S. 2671 CHAMBLISS) was added as a cosponsor of Michigan (Ms. STABENOW) and the Sen- At the request of Mr. SMITH, the S. 2760, a bill to limit and expedite Fed- ator from New Jersey (Mr. LAUTEN- name of the Senator from Pennsyl- eral collateral review of convictions for BERG) were added as cosponsors of S. vania (Mr. SPECTER) was added as a co- killing a public safety officer. Res. 389, a resolution expressing the sponsor of S. 2671, a bill to extend tem- S. CON. RES. 8 sense of the Senate with respect to porary State fiscal relief, and for other At the request of Ms. COLLINS, the prostate cancer information. purposes. names of the Senator from Pennsyl- S. RES. 408 S. 2676 vania (Mr. SANTORUM) and the Senator At the request of Mr. SMITH, the At the request of Mrs. HUTCHISON, the from Delaware (Mr. CARPER) were names of the Senator from Texas (Mrs. name of the Senator from Hawaii (Mr. added as cosponsors of S. Con. Res. 8, a HUTCHISON), the Senator from Georgia INOUYE) was added as a cosponsor of S. concurrent resolution designating the (Mr. MILLER), the Senator from Penn- 2676, a bill to amend chapter 4 of title second week in May each year as ‘‘Na- sylvania (Mr. SPECTER), the Senator 39, United States Code, to provide for tional Visiting Nurse Association from Virginia (Mr. ALLEN) and the Sen- the issuance of a semipostal stamp in Week’’. ator from Iowa (Mr. GRASSLEY) were order to provide funding for childhood S. CON. RES. 41 added as cosponsors of S. Res. 408, a drinking prevention and education, and At the request of Mr. KENNEDY, the resolution supporting the construction for other purposes. name of the Senator from Washington by Israel of a security fence to prevent S. 2681 (Mrs. MURRAY) was added as a cospon- Palestinian terrorist attacks, con- At the request of Mr. SANTORUM, the sor of S. Con. Res. 41, a concurrent res- demning the decision of the Inter- name of the Senator from Oklahoma olution directing Congress to enact leg- national Court of Justice on the legal- (Mr. INHOFE) was added as a cosponsor islation by October 2005 that provides ity of the security fence, and urging no of S. 2681, a bill to establish a program access to comprehensive health care further action by the United Nations to to support a transition to democracy in for all Americans. delay or prevent the construction of Iran. S. CON. RES. 119 the security fence. At the request of Mr. SCHUMER, the S. 2726 At the request of Mr. CAMPBELL, the name of the Senator from Massachu- At the request of Mrs. BOXER, the name of the Senator from New Jersey setts (Mr. KERRY) was added as a co- name of the Senator from Washington (Mr. CORZINE) was added as a cosponsor sponsor of S. Res. 408, supra. (Mrs. MURRAY) was added as a cospon- of S. Con. Res. 119, a concurrent resolu- sor of S. 2726, a bill to amend title 49 of tion recognizing that prevention of sui- AMENDMENT NO. 945 the United States Code to provide cide is a compelling national priority. At the request of Mr. GREGG, the flight attendant security training, and S. CON. RES. 121 name of the Senator from Missouri (Mr. TALENT) was added as a cosponsor for other purposes. At the request of Mr. BINGAMAN, the of amendment No. 945 proposed to S. 1, S. 2729 name of the Senator from Illinois (Mr. a bill to amend title XVIII of the So- At the request of Mr. DODD, the name DURBIN) was added as a cosponsor of S. cial Security Act to provide for a vol- of the Senator from Illinois (Mr. DUR- Con. Res. 121, a concurrent resolution untary prescription drug benefit under BIN) was added as a cosponsor of S. 2729, supporting the goals and ideals of the a bill to encourage students to pursue World Year of Physics. the Medicare program and to strength- graduate education and to assist stu- en and improve the Medicare program, S. CON. RES. 127 and for other purposes. dents in affording graduate education. At the request of Mr. SCHUMER, the f S. 2740 names of the Senator from Michigan At the request of Mr. DASCHLE, the (Ms. STABENOW) and the Senator from STATEMENTS ON INTRODUCED name of the Senator from New Jersey Wisconsin (Mr. FEINGOLD) were added BILLS AND JOINT RESOLU- (Mr. LAUTENBERG) was added as a co- as cosponsors of S. Con. Res. 127, a con- TIONS—THURSDAY, JULY 22, 2004 sponsor of S. 2740, a bill to improve current resolution expressing the sense By Mr. SMITH: dental services in underserved areas by of Congress that the President should S. 2753. A bill to authorize the Sec- amending the Public Health Service designate September 11 as a national retary of Housing and Urban Develop- Act, and for other purposes. day of voluntary service, charity, and ment to insure zero-downpayment S. 2741 compassion. mortgages; to the Committee on Bank- At the request of Mr. DASCHLE, the S. CON. RES. 128 ing, Housing, and Urban Affairs. name of the Senator from Illinois (Mr. At the request of Mr. CHAMBLISS, the Mr. SMITH. Mr. President, I rise DURBIN) was added as a cosponsor of S. name of the Senator from Georgia (Mr. today to further the cause of affordable 2741, a bill to amend the Public Health MILLER) was added as a cosponsor of S. homeownership in America. I am proud Service Act to reauthorize and extend Con. Res. 128, a concurrent resolution of all that we have done to increase op- the Fetal Alcohol Syndrome preven- expressing the sense of Congress re- portunities for homeownership, how- tion and services program, and for garding the importance of life insur- ever I hope that no member of this other purposes. ance, and recognizing and supporting body makes the mistake of believing

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8864 CONGRESSIONAL RECORD — SENATE September 7, 2004 that the fight is over. I am very proud omy, and psychological trauma among The NID would have influence over the of the 68.6 percent rate of homeowner- millions who witnessed these shocking budgets for these other entities that do ship we enjoy in America today but events. provide this very specific intelligence. millions of American families are un- While nothing we do can erase this Assisting the NID would be four depu- able to take advantage of the many pain, we can honor and pay tribute to ties, including a principal deputy, an- benefits of homeownership. One of the those who have suffered by ensuring other that serves currently as the CIA greatest obstacles for these Americans that terrorists never again attack our Director and would handle foreign in- is the minimum down payment. The land. We have come a long way since telligence, a deputy that also serves as Federal Housing Administration (FHA) 2001 in enhancing this country’s ability the Under Secretary of Defense for In- provides loans to many 1st time home- to prevent and respond to terrorist at- telligence, and a fourth that handles buyers who otherwise would struggle tacks, but, as the 9/11 Commission said domestic intelligence. to qualify, yet many working class in its final report, we are not yet safe. Also established in this bill is a Na- families are still overwhelmed at the Increasing our safety against terrorist tional Counterterrorism Center to prospect of saving thousands of dollars attack requires new strategies, new oversee all of the U.S. Government for the 3 percent minimum down pay- ways of thinking, and new ways of or- counterterrorism operations, including ment. This legislation will help make ganizing our government. analysis, net assessments, and guid- homeownership become a reality for Today I am pleased to be joined by ance for joint counterterrorism oper- those Americans. Senators LIEBERMAN, SPECTER, BAYH, ations. The center would be headed by The Zero Downpayment Act of 2004 GRAHAM of South Carolina, DASCHLE, a deputy-level official who can adju- will allow families who seek FHA-in- and CLINTON in introducing legislation dicate policy disagreements among the sured loans to include the downpay- designed to implement the 9/11 Com- agencies and, if need be, bump them up to the National Security Council for a ment in their loan amount. These bor- mission recommendations, which were decision. In addition to the National rowers will still have to meet FHA issued just prior to the August recess. Counterterrorism Center, the bill au- credit qualifications and will pay a Governor Tom Kean and Representa- thorizes the NID to establish ‘‘National slightly higher annual interest rate to tive LEE HAMILTON have endorsed this bill, and assured us that it accurately Intelligence Centers’’ that will address cover the cost of the program. Bor- particular geographic or functional rowers will also be required to receive reflects the Commission’s intent. With the introduction of this bill, the areas. These centers will, like the counseling to ensure they are ready for NCTC, bring together the full range of the financial responsibilities associ- Senate now has before it legislation that addresses each of the Commis- reporting and analysis on particular ated with homeownership. This legisla- topics so that no one with a need to sion’s 41 recommendations, which to- tion provides a wonderful opportunity know is cut out of the loop. There are gether are designed to build unity of ef- for those Americans who are on the also provisions designed to ensure that fort across the U.S. Government—all in edge of homeownership to begin build- increased centralization of the intel- an effort to prevent future terrorist ating better lives and neighborhoods all ligence community does not lead to a over the country. tacks. The provisions of this bill out- reduction in the range of analytical As members of the United States line the shape and objectives of a glob- views available to policymakers. Senate we each spend a good amount of al counterterrorism strategy, and sug- Finally in the intelligence title, the time meeting with people of all walks gest a reconfiguration of our national bill codifies the critical reforms that of life. I am introducing this legisla- security and homeland security appa- Director Mueller has begun at the FBI, tion today, because it can change lives, ratus within the U.S. Government. As including his efforts to improve the and give people a chance to experience anyone who reads the legislation will FBI’s intelligence capabilities and de- a better life. I hope my colleagues will quickly see, it also cuts across jurisdic- velop a personnel cadre that specializes join me in the fight to give every tional lines with respect to the Senate in national security issues. American the opportunity to become a committee prerogatives. There are por- In its report, the 9/11 Commission homeowner. The Zero Downpayment tions of this bill that deal with intel- found that the biggest impediment to Act of 2004 is an important step in that ligence, foreign affairs, defense, border ‘‘connecting the dots’’ among diverse process and I urge my colleagues to security and commerce, transportation sources of homeland security informa- join me in supporting this legislation. I security, and more. In normal times, tion is the widespread resistance to ask unanimous consent that the bill be naysayers would caution that this fact sharing. To address this problem, the printed immediately following my re- alone could paralyze this body. But Commission recommended that the marks. these are not normal times. Inter- President create a new ‘‘trusted infor- f national terrorism poses a real and mation network’’ modeled on a frame- present danger to the United States, work developed by a Markle Founda- STATEMENTS ON INTRODUCED and it is our responsibility as elected tion task force. This bill directs the BILLS AND JOINT RESOLUTIONS officials to take action on the Commis- President to create an information net- Mr. MCCAIN (for himself, Mr. sion’s recommendations. work among all Federal departments LIEBERMAN, Mr. SPECTER, Mr. I would like to highlight some of the and agencies with responsibilities for BAYH, Mr. GRAHAM of South major aspects of the bill, and I know homeland security, among State and Carolina, Mr. DASCHLE, Mrs. that the other sponsors also will pro- local authorities, and among relevant CLINTON, Mr. NELSON of Flor- vide details on the bill’s structure. private sector entities. The legislation ida, Mr. CORZINE, and Ms. MI- The largest section of this bill con- describes key attributes that should be KULSKI): cerns the reorganization of our intel- incorporated into the network and sets S. 2774. A bill to implement the rec- ligence community. This legislation es- forth an ambitious schedule for devel- ommendations of the National Com- tablishes a National Intelligence Au- opment and implementation. mission on Terrorist Attacks Upon the thority to unify the efforts of the com- The Commission report stated that, United States, and for other purposes; munity, and this new entity would be ‘‘Of all our recommendations, strength- read the first time. headed by a National Intelligence Di- ening congressional oversight may be Mr. MCCAIN. Mr. President, this rector, NID. The NID also would act as among the most difficult and impor- week marks the third anniversary of the principal intelligence advisor to tant. So long as oversight is governed that terrible day in 2001 when terror- the President, taking over this func- by current congressional rules and res- ists attacked America’s commercial tion from the Director of Central Intel- olutions, we believe the American peo- and governmental capitals. On that oc- ligence. The NID would have direct ple will not get the security they want casion, in the largest attack ever on budgetary authority and significant and need. The United States needs a American soil, 2,973 innocent individ- personnel authority over all of the in- strong, stable, and capable congres- uals lost their lives. The victimization telligence agencies, except those that sional committee structure to give of America went beyond this astound- generate intelligence that falls under America’s national intelligence agen- ing number, with physical injuries to the purview of one department alone, cies oversight, support, and leader- many, damage to our Nation’s econ- such as tactical military intelligence. ship.’’

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8865 The Commission offered several op- country plays in the war on terror, and past time that we take action to pro- tions for how Congress should be reauthorizes a substantial increase in aid tect these documents from being used structured to best provide for strong to Afghanistan. It addresses our rela- to commit identity theft, terrorism, oversight over both intelligence and tions with Saudi Arabia and suggests and other criminal acts. homeland security. With respect to in- establishing an international contact Although there has been considerable telligence, it recommended that Con- group to develop a multilateral progress in tightening transportation gress create either a joint committee counterterrorism strategy. Other pro- security since September 11, the Com- modeled after the Joint Atomic Energy visions in our bill will enhance Amer- mission made several recommenda- Committee or House and Senate Com- ica’s ability to fight the war of ideas by tions to further improve the system. mittees with combined authorizing and promoting universal values of democ- For example, the computer systems appropriating powers. With respect to racy, tolerance, and openness. It au- and protocols used to vet passengers homeland security, it recommended thorizes increased funding for U.S. before they board a plane are not sub- that Congress create a single, principal broadcasts to Muslim countries and stantially different than the systems point of oversight and review, noting would ramp up the scale of education that failed to prevent the 9/11 hijackers that DHS officials now appear before 88 and exchange programs. from boarding their flights. Therefore different committees and subcommit- This bill notes that the proliferation in this legislation we require the tees. of weapons of mass destruction is a Transportation Security Administra- Late last month, the Senate leader- grave and gathering threat to this tion to take over and improve the no- ship tasked a bipartisan working group country, and suggests ways to fly list process, and to improve the with examining how best to implement strengthen our nonproliferation pro- screening of air passengers for explo- these recommendations and asked it to grams. And, since portrayals of mis- sives and the screening of air cargo. In report back to the leadership as soon treatment of captured terrorists addition, we require DHS to set risk- as possible. In recognition of this ongo- hinders our ability to engage in the based priorities for defending various ing review, our bill does not propose wider struggle against them, this legis- transportation assets, and then figure the committee structures we believe lation both reiterates standards for out a plan and budget to get the job should be adopted, but instead includes their humane treatment once captured, done. Mr. President, I am in full agreement a Sense of the Congress that both and calls on the U.S. Government to with the Commission that we need to develop a common approach to de- houses of the 108th Congress adopt all broadly address transportation secu- necessary rule changes so that the tainee treatment, along with its coali- rity vulnerabilities. In fact, the Com- committee structures for the 109th tion partners. mittee on Commerce, Science, and One significant way to prevent future Congress are revised in accordance Transportation has already reported terrorist attacks on American soil is to with one of the options recommended several legislative measures designed stop terrorists from entering the coun- by the Commission. to improve the security of other trans- It is incumbent on each member to try in the first place. This bill contains portation modes. A maritime security put aside jurisdictional power struggles a number of provisions that would en- bill was signed into law in 2002, and we and take action that is in the interest hance the security of our borders, reported a subsequent maritime secu- of securing our homeland. We should transportation systems and critical in- rity measure earlier this year. We also strive to never again read a report that frastructure. For example, our legisla- reported, and the Senate has passed, a calls Congressional oversight ‘‘dysfunction requires the Secretary of Home- bus security bill, and our rail security tional.’’ We simply must heed the Com- land Security to work with multiple legislation is pending on the Senate missions call to action and fundamen- government agencies to develop a uni- Calendar. These measures must be en- tally overhaul Congressional oversight fied strategy to intercept terrorists, acted before we adjourn. for intelligence and homeland security. find terrorist facilitators, and con- The Commission made a number of As the Commission stated, ‘‘tinkering strain terrorist mobility both domesti- recommendations to further our na- with the existing structure is not suffi- cally and internationally. In addition, tional preparedness and emergency re- cient.’’ to efficiently screen persons entering sponse efforts. Its report states that As recommended by the Commission, the United States, we must integrate ‘‘homeland security assistance should we have included provisions to help en- the multiple terrorist screening sys- be based strictly on an assessment of sure that an incoming President-elect tems already in place. This bill would risks and vulnerabilities,’’ and im- can start putting together his national require the Secretary of Homeland Se- plores that ‘‘Congress should not use security team during a transition be- curity to develop a comprehensive this money as a pork barrel.’’ I heart- tween administrations. Our legislation screening system that brings together ily agree. In following this rec- would establish procedures for expe- an integrated network of screening ommendation, the legislation directs diting security clearances and Senate points, and to work to fully implement the Secretary of Homeland Security to consideration of top national security the entry and exit functions of the U.S. allocate assistance based on the appointees, as well as any necessary VISIT system at all ports of entry as threats, risks, and vulnerabilities fac- clearances for presidential transition quickly as possible. ing a community, along with its popu- team members. In addition, it directs The Commission also pointed out lation and other specific criteria. It the President to consolidate security what appears to be a gaping hole in our also establishes an expert advisory clearance responsibilities in a single border security. I am referring to the panel to develop benchmarks for as- Federal agency, and to work with the ability of people who claim to be sessing the homeland security needs new NID to set uniform standards for United States citizens to orally attest and capabilities of various commu- granting security clearances so that to their citizenship when passing from nities, and rescinds the current for- they are accepted by all Federal agen- Canada or Mexico into the United mula for homeland security grants. cies. States. Numerous reports, including a The bill would also require certain One lesson from the Commissions re- recent GAO study, point to our porous broadcasters to vacate their television port is that no one set of strategies is borders as potential terrorist channels in a crisis so that their air- sufficient to prevent future terrorist entryways into this country. Our legis- waves are available to first responders, attacks. The United States must use lation would require everyone entering and ensure that public safety organiza- all of the instruments at our disposal the U.S. to present a passport, at a tions have access to this spectrum no to counter the short and long-term minimum. later than January 1, 2007. In addition, threats posed by international ter- Of course, travel documents only it directs the Secretary of Homeland rorism. For this reason, we have de- work insofar as they are authentic and Security to work with other officials in voted an entire title of the bill to the can be authenticated by our officials. developing effective communications role of diplomacy, foreign aid, and the Our bill requires the Secretary of capabilities, including back-up sup- military. The legislation would renew Homeland Security to establish uni- port. These steps are vital for closing the U.S. commitment to Pakistan’s fu- form Federal standards for driver’s li- the existing gaps in interoperability of ture, in light of the critical role that censes and birth certificates. It is long emergency communications systems.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8866 CONGRESSIONAL RECORD — SENATE September 7, 2004 The Commissioners pointed out that bate on this and other proposals to ad- but, second of all, that we should act— the private sector controls 85 percent dress the 9/11 Commission’s rec- that we should act. of the critical infrastructure in the Na- ommendations. Even in an election There is no disagreement that our in- tion. Our bill directs the Secretary of year, there is no higher priority than telligence agencies and our ability to Homeland Security to establish a pro- defending the American people against obtain the vital information that is gram to promote private sector pre- threats to their security. necessary to maintain our national se- paredness for terrorism and other Mr. President, there has been much curity and prevent another terrorist emergencies. It also directs the Sec- talk over recent months about the im- attack require us to act in an expedi- retary to report to Congress regularly portance of firm resolve in the face of tious fashion. on the adequacy of the government’s threats to America’s security and its I understand the majority leader, in plans to protect our Nation’s critical integrity. This legislation presents the consultations with Senator DASCHLE, infrastructure. Congress with an opportunity this year has laid out a schedule for the Govern- All of us who are concerned with to exhibit some resolve of our own. mental Affairs Committee to report threats to this Nation’s security also While we will act in the shadow of the out the last week in September. I think wish to ensure that our efforts to pro- dark hours of September 11, we can that is a very worthwhile cause. tect Americans do not infringe on our show the American people—and the The PRESIDING OFFICER. The Sen- civil liberties. After all, giving up the world—that this government is com- ator from Connecticut. way of life we have fought so hard to mitted to facing down the worst Mr. LIEBERMAN. Mr. President, it is defend is not an acceptable price for threats that face us today. We can good to see you after the recess. I greater security. We must find a way move forward—yes, in an election year, thank my colleague and dear friend to balance the two, and that is what yes, by actually finding agreement re- from Arizona, Senator MCCAIN, for his this bill proposes to do. It creates a gardless of party or committee assign- comments. I support him in substance Privacy and Civil Liberties Board, as ment—to better protect and preserve and in spirit, which is to say the ur- well as designated privacy and civil lib- the security of this Nation. With the gency of Congress reacting to the re- erties officers within relevant Federal Senate’s serious and thorough consid- port of the 9/11 Commission. agencies, to analyze actions the en- eration of the Commission’s rec- It was shortly after September 11 hanced security measures taken by our ommendations, we will honor those that Senator MCCAIN and I introduced government and to ensure that civil who have been patient enough to afford legislation, with Senators SPECTER, liberties are appropriately considered us this opportunity to change. BAYH, and others, creating the Na- as these policies are developed. The I will make two additional com- tional Commission on Terrorist At- Board, which would reside within the ments. One, we need to reform the in- tacks Upon the United States. We be- Executive Office of the President, stitutions of government. This blue- lieved—and we know so many others would advise the President and Federal print which outlines in legislative form agreed—that the Nation needed to agencies on the privacy and civil lib- the recommendations of the September know as clearly and definitively as pos- erties implications of proposed and ex- 11 Commission are exactly that, a blue- sible what had happened, why it had tant laws, as well as authority to over- print. I am confident that the Com- happened, and what could be done to see Federal agencies to ensure that mittee on Governmental Affairs, under prevent such a heinous attack from civil liberties are being protected. the outstanding leadership of the Sen- ever happening again. In addition, the legislation requires ator from Maine, Ms. COLLINS, working In particular, most understandably certain agency heads to designate sen- with Senator LIEBERMAN, Senator and movingly, the families of the 9/11 ior officers to serve as privacy and civil SPECTER, and other members of the victims rightly demanded that we liberties resources and watchdogs. committee, will produce a legislative learn all we could from the tragedy Among these officers’ responsibilities product of which everyone can be very that took their loved ones from them. is ensuring that their agency has a proud. They have already begun a se- In its 20-month existence, the Commis- process in place to receive, investigate, ries of hearings, and I have complete sion, headed by Governor Thomas Kean and respond to complaints from people confidence in their deliberations and and Congressman Lee Hamilton, who report privacy or civil liberties their results. brought a laser focus to its task. The violations. Let me also say that one of the most Commission insisted on talking to the Having described the bill we are in- difficult aspects of reform will be re- people and seeing the documents that troducing today, I’d like to reiterate form of the institutions here and in the could help them understand and tell that it addresses each of the Commis- other body. There is no doubt that ei- the full story. The result is not only a sion’s recommendations—not more, not ther one of the two committee rec- definitive account of what happened on less. The sponsors all recognize that ommendations—that there be a joint September 11, but also a very thought- other legislative proposals will be of- committee along the lines of the now ful and compelling analysis of why it fered that address the security of our defunct Joint Committee on Atomic happened and where we must go from Nation in the face of terrorist threats. Energy or two separate permanent here. And I take it to be a sign of not In particular, I want to acknowledge committees. Those committees have to only tribute to the Commission but of the efforts by Senator COLLINS and have budgetary authority. They must the public concern and interest in what Senator LIEBERMAN, the Chairman and be able to appropriate. If not, those the Commission had to say, that the Ranking Member of the Senate Govern- committees will be debating societies published volume of its report, unlike ment Affairs Committee. That Com- and they will not have the influence or any I have known of in a long time, re- mittee has a key leadership role in this power necessary or authority necessary mains a bestseller throughout our area, and it is one that I greatly re- to supervise America’s intelligence op- country. spect. I know that they are working to erations. So today, Senator MCCAIN, Senator report a bipartisan reform proposal to There are many other areas and SPECTER, Senator BAYH, and I join to- reform the Intelligence community in many other ideas, including those of gether again to introduce the 9/11 Com- the days ahead and look forward to the White House and the executive mission Report Implementation Act of Senate debate on their proposal. branch that need to be taken into con- 2004. This legislation embraces and ex- The sponsors of today’s legislation sideration. But I think this is a good presses in legislative language all 41 of remain open to all proposals, and in start because if there is one thing all of the recommendations in the Commis- fact, will have additional suggestions us can agree on it is that the rec- sion’s final report. Some of those, in- of our own. But the introduction of our ommendations of the 9/11 Commission volving calls to restructure the intel- legislation today ensures that the com- have been embraced by virtually one ligence community, have already been mendable work of the 9/11 Commission and all, clearly, with some reservations the focus of extensive debate. Others, has a real opportunity to be debated, because it is not a perfect document. such as the proposals to crack down on amended, and adopted. Despite the But overall, the overwhelming major- fraudulent identification documents or short and crowded legislative calendar, ity of Americans expect that we should to build new bridges to the Muslim we urge the leadership to allow for de- act on this blueprint as a blueprint, world, have gotten less discussion. But

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8867 they are all—each and every one of riers and stovepipes that stood in the I hope—I know the cosponsors of this them—the product of the outstanding way of our Government pulling to- legislation share that hope—the pack- and diligent work of the Commission gether in one place all the information age we are introducing today will be of and therefore deserve, indeed com- we knew prior to September 11—infor- real help to the Governmental Affairs mand, our attention. We did not at- mation that might well have prevented Committee as it frames the legislation tempt to pick and choose which of the the attacks of September 11 from oc- it—we—will report out to the Senate. I 41 recommendations should be consid- curring. am confident the Senate can actually ered or legislated, or to edit the Com- These powers are far stronger than begin to consider it well before the end mission’s policy conclusions. Indeed, the current authorities exercised by of September. there are one or two areas where I the Director of Central Intelligence. The intense debate over the Commis- might take a different approach to the This will create the capability and the sion’s recommendations on intelligence concerns the Commission has raised. accountability for someone to truly reform may have obscured the sweep- But the Commission’s recommenda- lead a unified intelligence effort that ing proposals the Commission made in tions should be our starting point. And will, in turn, greatly benefit the spe- other areas—very strong and impor- I believe in many cases, probably most, cific fight against terrorism. This in- tant proposals on border and transpor- they should be our ending point as telligence director will operate tation security, on information shar- well. through a new agency, to be called the ing, on national preparedness and con- Introducing this legislation is the National Intelligence Authority. This gressional oversight. fulfillment of the promise we made on is not a large new bureaucracy, but Those proposals are included in this the day the Commission issued its re- rather a command, control and coordi- legislation as well. As a result, we hope port: that we would express its pro- nation center to achieve a unified in- its introduction will jump-start debate posals in legislation. At that time we telligence effort. Although the Com- and consideration of those other vital had no idea whether anything would mission originally called for this office reforms. happen on the Commission report in to be created within the White House, First, the Commission stressed we numerous experts counseled against August or September or October. It must do all we can to stop this problem this and the Commissioners themselves was that night that Senators FRIST and at the source—that is, to alter the con- now agree with that counsel. As a re- DASCHLE, our bipartisan leadership, ditions and dynamics that give rise to sult, this legislation creates the Na- asked our Governmental Affairs Com- terrorism in the first place. This legis- tional Intelligence Authority as an mittee to assume responsibility for lation includes the recommendations independent entity. to strengthen our efforts to fight inter- considering the Commission’s report To help guarantee the government- and making a set of proposals to the national terrorism using such tools as wide antiterrorism cooperation that diplomacy and foreign aid. For in- Senate no later than October 1. did not exist pre-9/11, the legislation This proposal we now introduce stance, the legislation would increase also creates a National Counterterror- today will go to the Governmental Af- U.S. foreign assistance to Afghanistan ism Center, patterned on the joint and renew our commitment to Paki- fairs Committee, formally or infor- commands of the Department of De- stan. It would enhance our outreach to mally, to inform the work it is doing. fense, drawing on expertise from the Muslim world through U.S. broad- The Governmental Affairs Committee throughout the intelligence commu- casts to the region, educational ex- now has the ball and will report to nity. This center will serve as an ana- change programs and a fund to boost Congress, and is on a schedule, I am lytic fusion center on terrorism, and educational opportunities for Muslim pleased to say, to report in advance of will also have responsibility to develop youth. the deadline set by Senators FRIST and operational plans for counterterrorism This will be a long and difficult chal- DASCHLE, in advance of October 1. initiatives, and then to track and mon- lenge, however, and we must assume So what does the Commission and itor the operations’ implementation. international terrorism will be with us therefore this legislation call for? The As such, the center will build on the for years to come and prepare accord- Commission’s final report depicts a na- promise of the new multi-agency Ter- ingly. In addition to the intelligence tion that was woefully unprepared for rorist Threat Integration Center it community reforms I have already the attacks of September 11. As the would replace, but go beyond that mentioned, the Commission calls for a Commission concludes: We need a new model to create an even more robust range of new programs and policies to strategic vision to confront terrorism center that combines analytical and combat terror. and a new unified effort to carry out operational capabilities. Information sharing is one such crit- that strategy. Such unity can only be As recommended by the Commission, achieved through a dramatic trans- the legislation also provides for the ical step. Terrorism has made the formation of the status quo of our key creation by the National Intelligence homeland part of the frontlines, but organizations and policies. That is the Director of a number of national intel- too many government officials still be- first order of business. ligence centers focused on either spe- lieve information related to terrorist The Commission has described how, cific topics like weapons of mass de- threats must be carefully hoarded in the course of its investigation, it re- struction or specific geographic areas among a select group. Even colleagues peatedly asked this question: Who was such as the Middle East. These centers within the intelligence community are in charge prior to September 11, and will bring together the most experi- often not trusted with vital informa- who is in charge today? And it never enced intelligence experts from across tion, much less officials outside the na- received a satisfactory answer. In fact, the intelligence community on a given tional security elites or in state and Governor Kean and Congressman Ham- issue or region, and can be created or local government. We must break down ilton testified to us before our Govern- eliminated as needed, giving us the these information barriers and engage mental Affairs Committee that they flexibility to hone in on evolving prior- a far broader community in the task of still cannot point to some one indi- ities. fighting terrorism. This will would cre- vidual in charge of the American intel- I am pleased these intelligence re- ate an urgently needed information ligence effort, its enormous human and form proposals have already been the sharing network to break down the in- technological assets, and, therefore, no focus of numerous hearings, and these formation stovepipes that currently one who is personally accountable. issues, as I have said, will be under ac- hamper our efforts to stay one step This is unacceptable. This legislation tive consideration in the Governmental ahead of the terrorists. The network, rightly creates a national intelligence Affairs Committee in the coming days. which is modeled on a proposal by a director to serve as head of the intel- The work on this legislation and the task force of the Markle Foundation, ligence community and principal ad- work that the Governmental Affairs would consist of policies and informa- viser to the President for national in- Committee is doing has proceeded dis- tion technology designed to facilitate telligence matters. The director will tinctly, separately, but collabo- and promote sharing of terrorism infor- have strong budget, resource, and per- ratively, and work on each has in- mation throughout the Federal govern- sonnel authority to shape priorities formed and, I believe, strengthened the ment, with state and local agencies and break down the kinds of turf bar- other. and, as appropriate, the private sector.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8868 CONGRESSIONAL RECORD — SENATE September 7, 2004 The President will be required to sub- spectrum to public safety agencies for aisle will join us. There will be dif- mit an implementation plan to Con- their use—an important step toward ferences of opinion. It would be shock- gress, including clear deadlines, assign- solving the critical challenge of ena- ing if there were not. Because the rec- ment of responsibilities and budget re- bling first responders to talk to one an- ommendations of the Commission rep- quirements. The proposal includes safe- other during an emergency. Fighting resent bold change and dramatically guards for privacy and civil liberties. terrorism is a challenge for our entire alter the status quo, differences of The bill includes critical provisions national community and the Commis- opinion will naturally occur. They to restrict terrorist travel—the strate- sion also stressed the importance of ought to occur. But I am confident in gies and methods by which terrorists preparedness within the private sector. the end they will not be partisan. In can, and did, come to this country and This legislation requires the Depart- the end, we will act and act quickly to position themselves for attacks. It ment of Homeland Security to promote implement much of the 9/11 Commis- would expand our efforts to collect and a voluntary preparedness standard for sion’s report so that we can say to the utilize intelligence regarding terrorist the private sector. It also presses the American people, particularly those travel strategies and methods. The leg- Secretary of DHS to complete efforts who lost loved ones on September 11, islation also requires an integrated to inventory the nation’s critical infra- that we have taken action, done what- screening system to ensure adequate structure, assess the threats and ever we possibly could to prevent a ter- screening at the nation’s entry points vulnerabilities regarding these critical rorist attack such as the one that oc- and to access transportation systems assets, and ensure there are measures curred on September 11, 2001, from ever and critical infrastructure. Com- to protect them. happening again. plementary provisions in the bill re- The Commission recognized that I yield the floor. The PRESIDING OFFICER. The Sen- quire stronger document requirements these new policies and programs will ator from Pennsylvania. for all travelers, including citizens, to raise important issues regarding pri- enter the United States; acceleration Mr. SPECTER. Mr. President, I am vacy and civil liberties and called for a pleased to join my colleagues—Sen- of the automated biometric entry and new Privacy and Civil Liberties Over- ators MCCAIN, LIEBERMAN, and BAYH— exit system known as U.S.-Visit; and sight Board to ensure the protection of improved security for identification in introducing this legislation today these liberties as laws and policies are which codifies the recommendations of documents such as driver licenses and developed and implemented to protect the 9/11 Commission. The 9/11 Commis- birth certificates. the nation from terrorism. This legisla- sion has accomplished a very impor- In the area of transportation secu- tion creates such a board, which will rity, the 9/11 Commission warned tant mission in stimulating the de- consist of five individuals appointed by mand of the American people that ac- against the government’s heavy focus the President and confirmed by the on passenger aviation to the near ex- tion be taken to put all of our intel- Senate. In addition to advising the ligence agencies under one command clusion of other modes of transpor- President and federal agencies, the tation. As its Final Report states, authority. Had this been done prior to board will have strong authority to 9/11, it is my judgment that 9/11 could ‘‘[o]ver 90 percent of the nation’s $5.3 conduct investigations and oversight of have been prevented. billion annual investment in the government actions in the war on ter- There was the famous FBI report [Transportation Security Administra- ror. from Phoenix about the suspicious tion] goes to aviation—to fight the last Finally, as we look to the changes character who wanted to learn to fly war.’’ Yet we are investing little in the Commission has urged for execu- an airplane but wasn’t interested in protecting the 14 million Americans tive branch structures and programs, learning to take off or land. There were who use transit systems each weekday, we cannot neglect the Commission’s the suspicious people in Kuala Lumpur or safeguarding our port systems that call to reform our own structures and who turned out to be two of the terror- handle millions of shipping containers its indictment of the status quo of con- ists known by the CIA to be al-Qaida, each year. What is lacking, the Com- gressional oversight of intelligence. We but it was not told to the INS to keep mission states, is ‘‘a forward-looking have to clean and reshape not only the them out of the country. There was the strategic plan systematically ana- executive branch, but we have to clean information on Zacarias Moussaoui and lyzing assets, risks, costs and bene- out and reshape our own house. the work of the FBI field office in Min- fits.’’ Following its recommendations, The Commission concluded that the neapolis with the 13-page, single-spaced this legislation calls for a comprehen- Intelligence Committees of the House report filed by Agent Coleen Rowley. sive transportation security strategy and Senate are not organized currently Those factors and others gave clear-cut to assess risks and set priorities across to provide the necessary leadership and clues to what was happening or about all modes of transportation. It also oversight for intelligence and counter- to happen. Had they been pursued and seeks to close ongoing gaps in aviation terrorism, and that jurisdiction over investigated, the chances are good that security by requiring the Transpor- the Department of Homeland Security 9/11 could have been prevented. tation Security Administration, rather is also too broadly dispersed. The Commission, in focusing public than the airlines, to screen passenger The legislation we are introducing attention on the absolute necessity to names against a consolidated terrorist today incorporates the mandate of the have one commander, has accom- watchlist. Additional aviation-related Commission that each Chamber reform plished something which had not been measures include explosives screening its rules to create a more powerful In- accomplished up until the present for all passengers and their carry-on telligence Committee and to consoli- time. I served on the Intelligence Com- bags, accelerated research and deploy- date oversight of the Department of mittee back in 1987, when we had the ment of explosives detection tech- Homeland Security in a single com- investigation of the Iran Contra affair. nologies, and measures to improve the mittee in each Chamber. At that time I introduced legislation security of cargo traveling on pas- Clearly, we have our work cut out for for a national intelligence director senger aircraft. us. But nothing is more important than looking more to oversight at that time. To help deter terrorist attacks and to respond not just in a timely but in In 1996, when I was chairman of the minimize the effect of any attacks that an urgent way to the recommendations Senate Intelligence Committee, I in- do occur, we must improve our pre- of the 9/11 Commission, and to do so, as troduced legislation which would have paredness capabilities and this legisla- the Commission itself did, in a way provided budget and hiring authority tion includes the Commission’s rec- that puts partisanship aside and our under the CIA Director. Technically, ommended steps to do so. The bill national security first. The group of us the Director of the Central Intelligence would require that homeland security introducing this legislation—Senators Agency has for some time—I believe preparedness grants be distributed MCCAIN, SPECTER, BAYH, and I—stand going back to 1947—the overall direc- solely on the basis of criteria related to shoulder to shoulder across party lines tion of the intelligence community. threat and risk, eliminating the per to achieve a safer nation, to protect But without budget authority and state minimum in current law. It the American people at home. without hiring and firing, it has been would facilitate first responder com- We are confident, as we go forward, virtually meaningless. But in 1996, I munications by assigning certain radio that our colleagues on both sides of the proposed that legislation.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8869 In 2002, we moved for the creation of FBI Director, to be able to have some- Sec. 112. Deputy Director of Intelligence. an Office of Homeland Security. Sen- one who would outlast the tenure of Sec. 113. National Counterterrorism Center. Sec. 114. Other national intelligence centers. ator LIEBERMAN and I introduced, 30 Presidents. I think that is also a concept which ought to be incorporated. Sec. 115. Assistant Director of Intelligence days after 9/11, legislation to create the for Research, Development, and Department of Homeland Security. But When the Governmental Affairs Com- Procurement. there were various objections to it, and mittee was considering this issue and Sec. 116. Assistant Director of Intelligence the issue was not taken up seriously legislation, I prepared a draft bill for Civil Liberties and Privacy. until mid-2002. There was a real effort which I submitted to the members of Sec. 117. National Intelligence Council. made in that legislation to have all of the Governmental Affairs Committee Sec. 118. General Counsel of the Department the intelligence agencies under one back on August 3 of this year. of Intelligence. I think it would be useful to put it Sec. 119. Inspector General of the Depart- command authority. The House of Rep- ment of Intelligence. into the RECORD. I ask unanimous con- resentatives passed a bill in October Sec. 120. Intelligence Comptroller. and left town, which they do from time sent that the text of that draft pro- Sec. 121. Chief Information Officer of the De- to time, leaving us with the option of posal be printed in the CONGRESSIONAL partment of Intelligence. either taking their bill or not having a RECORD following my statement. Sec. 122. Chief Financial Officer of the De- bill until the following spring. The PRESIDING OFFICER. Without partment of Intelligence. At that time I had an amendment objection, it is so ordered. Sec. 123. Military status of Director of Intel- prepared to give the Secretary of (See exhibit 1.) ligence and Deputy Director of Intelligence. Homeland Security the authority to di- Mr. SPECTER. There are other pro- rect all of the other intelligence agen- posals that have been made. The chair- Subtitle C—Mission, Responsibilities, and Authorities cies. As I have said on the record be- man of the Senate Intelligence Com- fore, and it is worth repeating briefly, mittee, Senator ROBERTS, has proposed Sec. 131. Provision of national intelligence. legislation. So we have a great many Sec. 132. Responsibilities of Director of In- I had a conversation that afternoon telligence. with Secretary Ridge who urged me ideas to choose from. As I sat at the Governmental Affairs hearing in early Sec. 133. Authorities of Director of Intel- not to offer the amendment. I told him ligence. I thought it had to be done. And when August, it was my hope that we would report out a bill early. I am pleased to TITLE II—ELEMENTS OF DEPARTMENT I declined to accept his recommenda- OF INTELLIGENCE tions, I got a call from Vice President say Chairman COLLINS has listed a markup for the week of September Subtitle A—Central Intelligence Agency CHENEY who urged the same course. 20th, so that we should have a bill to Sec. 201. Central Intelligence Agency. When I again declined, I later talked to Sec. 202. Mission; power and authorities. present to the Senate early on. Then it the President that afternoon and de- Subtitle B—National Security Agency cided that I would await a later date to is my hope we will act on this matter and act expeditiously. We have to get Sec. 211. National Security Agency. press for having that authority to di- Sec. 212. Mission; power and authorities. rect. But this has been a gaping hole in it right. These are complicated matters. We Subtitle C—National Geospatial-Intelligence the intelligence apparatus forever. have been studying them for a very Agency The Scowcroft Commission filed a re- Sec. 221. National Geospatial-Intelligence port, still in confidential form but long time. We have been studying them, to my personal knowledge, going Agency. widely reputed to create an individual Sec. 222. Mission; power and authorities. back to 1987 in legislation I introduced, in charge of the overall intelligence Subtitle D—National Reconnaissance Office agency. So, finally, we are coming to and again in 1996, and with the very extensive consideration of the legislation Sec. 231. National Reconnaissance Office. the point where we are thinking very Sec. 232. Mission; power and authorities. seriously about having one person in on homeland security in 2002. So I think we are ready to move ahead and Subtitle E—Other Offices charge, a national director of intel- Sec. 241. Intelligence, counterterrorism, and ligence, thanks to the focus of the 9/11 make the kinds of judgments that are tough decisions, but that is the pay counterintelligence offices. Commission. Sec. 242. Office of Civil Liberties and Pri- The Government Affairs Committee grade around here. I think the time has vacy. come to act. on which I serve, with the leadership of TITLE III—OTHER INTELLIGENCE It may not be a perfect bill. I have Senator COLLINS, the chairman of the MATTERS been in the Senate for 24 years now and committee, and Senator LIEBERMAN, Subtitle A—Modifications and Improvements the ranking member, did something I have not seen a perfect bill. The risks of Intelligence Authorities of inaction, in my view, are much very unusual. We returned in the first Sec. 301. Sense of Congress on availability to week of the recess on July 30 and held greater than the risks of action. We public of certain intelligence additional hearings. In reviewing the know enough to make a sound judg- funding information. work of the 9/11 Commission at that ment as to how to put the entire intel- Sec. 302. Coordination between Director of time, I expressed for the record and ligence community under one um- Intelligence and Secretary of Defense in performance of spe- would repeat now briefly the concerns I brella. I see my colleague Senator BAYH on cific functions pertaining to have about the so-called double the floor. I yield the floor. National Foreign Intelligence hatting. The 9/11 Commission has rec- Program. EXHIBIT 1 ommended that the counterintel- Sec. 303. Role of Director of Intelligence in ligence unit, for example, of the FBI Be it enacted by the Senate and House of Rep- certain recommendations to resentatives of the United States of America in stay under the direction of the Direc- the President on appointments Congress assembled, to intelligence community. tor of the FBI but report also to the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. national intelligence director so that Sec. 304. Collection tasking authority. (a) SHORT TITLE.—This Act may be cited as Sec. 305. Oversight of combat support agen- the Director of the FBI counterintel- the ‘‘Intelligence Reformation Act of 2004’’ cies of the intelligence commu- ligence unit would be so-called double or ‘‘9–11 Act’’. nity. hatted. (b) TABLE OF CONTENTS.—The table of con- Sec. 306. Improvement of intelligence capa- Well, I do not think that can work tents of this Act is as follows: bilities of the Federal Bureau of under the very basic principle that no Sec. 1. Short title; table of contents. Investigation. Sec. 2. Findings; purposes. one can serve two masters. Sec. 3. Definitions. Subtitle B—Restatement of Authorities on The same kind of concept is present TITLE I—DEPARTMENT OF National Geospatial-Intelligence Agency on double hatting with the CIA Direc- INTELLIGENCE PART I—MISSIONS tor for the Department of Defense in- Subtitle A—Executive Department Sec. 311. Missions. telligence agencies. During the course Sec. 101. Executive department. Sec. 312. Support for foreign countries on of the Governmental Affairs hearings, I Sec. 102. Director of Intelligence. imagery intelligence and asked Congressman Lee Hamilton, co- Subtitle B—Office of the Director of geospatial information. chairman of the 9/11 Commission, about Intelligence PART II—MAPS, CHARTS, AND GEODETIC the possibility of creating the director Sec. 111. Office of the Director of Intel- PRODUCTS with a 10-year term, modeled after the ligence. Sec. 321. Maps, charts, and books.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0655 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8870 CONGRESSIONAL RECORD — SENATE September 7, 2004 Sec. 322. Pilot charts. Government, and serve as the principal ad- cusing on strengthened management of the Sec. 323. Sale of maps, charts, and naviga- viser to the President on intelligence. intelligence community, strengthening in- tional publications. (3) Executive Order 12333 (December 4, 1981; formation sharing, and the creation of a Na- Sec. 324. Exchange of mapping, charting, 46 F.R. 59941) states that ‘‘the United States tional Counterterrorism Center, also leaves a and geodetic data with foreign intelligence effort shall provide the Presi- great deal of discretion to Congress to codify countries and international or- dent and the National Security Council with these matters in law and determine the ganizations. the necessary information on which to base scope and nature of the restructuring of the Sec. 325. Public availability of maps, charts, decisions concerning the conduct and devel- intelligence community. and geodetic data. opment of foreign, defense and economic pol- (12) To effectively counter the grave threat Sec. 326. Civil actions barred. icy and the protection of United States na- of transnational terrorism, Secretary of De- Sec. 327. Treatment of certain operational tional interests from foreign security fense Donald Rumsfeld recently conceded, as files. threats. All departments and agencies shall he must, that ‘‘strong, entrenched agencies PART III—PERSONNEL MANAGEMENT cooperate fully to fulfill this goal’’. must be willing to give up some of their turf (4) The intelligence community of the and authority in exchange for a stronger, Sec. 331. Management rights. United States is supposed to function as a faster, more efficient, government-wide ef- Sec. 332. Financial assistance to certain em- single corporate enterprise, supporting those fort’’. ployees in acquisition of crit- who manage the strategic interests of the (b) PURPOSES.—The purposes of this Act ical skills. United States, whether political, economic, are as follows: PART IV—DEFINITIONS or military. (1) To provide for fundamental reform of Sec. 341. Definitions. (5) The United States has suffered through the intelligence community of the United TITLE IV—TRANSITION MATTERS an escalating cycle of intelligence failures, States Government involving a robust De- especially since the end of the Cold War, partment of Intelligence and Director of In- Subtitle A—Modification of Authorities on while witnessing the onset of new and emerg- telligence with control over the budgets, per- Elements of Intelligence Community ing global threats such as terrorism and pro- sonnel, and related assets of the intelligence Sec. 401. Conforming modification of au- liferation of weapons of mass destruction. community. thorities on Central Intel- (6) The Director of Central Intelligence has (2) To compel the elements of the intelligence Agency. no genuine influence over elements of the in- ligence community to work together to ac- Sec. 402. Other conforming modifications of telligence community other than the Central complish their common mission, much as the law relating to missions, re- Intelligence Agency because, among other Goldwater-Nichols Department of Defense sponsibilities, and authorities things, the Director controls only a small Reorganization Act of 1986 (Public Law 99– of Director of Intelligence and portion of the funds, personnel, and related 433) fostered ‘‘jointness’’ among the various Director of Central Intelligence assets of the intelligence community. There Armed Forces, in conformance with the re- Agency. is no structural mechanism to enforce the quirements of law and Executive orders. Sec. 403. Conforming modification of au- mandate of Executive Order 12333 that all (3) To facilitate the provision to the Presi- thorities on certain Central In- elements of the intelligence community dent and the National Security Council of telligence Agency officers. must fully cooperate with one another. the necessary information on which to base Sec. 404. Conforming modification of au- (7) As such, the existing intelligence struc- decisions concerning the development and thorities on National Security ture is dysfunctional, and not organized to conduct of foreign policy, defense policy, and Agency. effectively respond to new and emerging economic policy, and the protection of Sec. 405. Inclusion of Department of Intel- threats. In fact, the intelligence apparatus of United States national interests from secu- ligence in intelligence commu- the United States has for decades grown rity threats, including threats related to nity. more cumbersome and unaccountable and transnational terrorism. Sec. 406. Repeal of superseded authorities on may now properly be characterized as a Cold (4) To ensure that all means, consistent National Geospatial-Intel- War model in an era of terrorism. with United States laws, Executive orders, ligence Agency. (8) The existing dysfunctional structure of and regulations and with full consideration Sec. 407. Other conforming amendment. the intelligence community has severe con- of the rights of United States persons, are Subtitle B—Other Transition Matters sequences, as the Director of Central Intel- used to develop intelligence for the Presi- Relating to Intelligence ligence—or those ostensibly under the Direc- dent and the National Security Council. Sec. 411. Preservation of intelligence capa- tor’s control—missed, ignored, or failed to (5) To create a structure for the intel- bilities. connect numerous warnings which could ligence community that will better serve the Sec. 412. General references to intelligence have averted the terrorist plot of September President in his duty under the Constitution officials. 11, 2001. Similar errors may have caused the of the United States to protect the security Director to mislead the President on the na- of the United States. Subtitle C—Transfer of Elements ture of weapons of mass destruction threats SEC. 3. DEFINITIONS. Sec. 421. Transfer of Terrorist Threat Inte- as the Administration weighed military ac- In this Act: gration Center. tion against Iraq. (1) DEPARTMENT.—The term ‘‘Department’’ Sec. 422. Transfer of Community Manage- (9) Despite the best efforts of the Adminis- means the Department of Intelligence. ment Staff. tration of President George W. Bush, Con- (2) DIRECTOR.—The term ‘‘Director’’ means Sec. 423. Transfer of certain elements of gress, and the American people, much of the the Director of Intelligence. Federal Bureau of Investiga- dysfunction in the intelligence community— (3) INTELLIGENCE.—The term ‘‘intelligence’’ tion. including the lack of common terrorist includes foreign intelligence and counter- Subtitle D—Transfer of Functions watchlists and the inability to detect and ap- intelligence. Sec. 431. Transfer of functions. prehend terrorists traveling in the United (4) FOREIGN INTELLIGENCE.—The term ‘‘for- Sec. 432. Transitional authorities. States—has not been remedied in the three eign intelligence’’ means information relat- Sec. 433. Savings provisions. years since the terrorist attacks of Sep- ing to the capabilities, intentions, or activi- tember 11, 2001. ties of foreign governments or elements Subtitle E—Other Matters (10) The final report of the National Com- thereof, foreign organizations, or foreign per- Sec. 441. Treatment of Department of Intel- mission on Terrorist Attacks Upon the sons, or international terrorist activities. ligence as executive depart- United States, while making certain rec- (5) COUNTERINTELLIGENCE.—The term ment. ommendations on the restructuring of the ‘‘counterintelligence’’ means information Sec. 442. Executive Schedule matters. intelligence community to meet new and gathered, and activities conducted, to pro- SEC. 2. FINDINGS; PURPOSES. emerging terrorist threats, leaves much dis- tect against espionage, other intelligence ac- (a) FINDINGS.—Congress makes the fol- cretion to Congress in determining the scope tivities, sabotage, or assassinations con- lowing findings: and nature of the restructuring of the intel- ducted by or on behalf of foreign govern- (1) Timely and accurate information about ligence community. ments or elements thereof, foreign organiza- the activities, capabilities, plans, and inten- (11) President George W. Bush on August 2, tions, or foreign persons, or international tions of foreign powers, organizations, and 2004, specifically requested that Congress terrorist activities. persons, and their agents, is essential to the create a national intelligence director in a (6) INTELLIGENCE COMMUNITY.—The term national security of the United States. All ‘‘free-standing entity similar to a cabinet ‘‘intelligence community’’ includes— reasonable and lawful means must be used to agency or an agency’’ and ‘‘who will have a (A) the Department, which shall include ensure that the United States receives the great deal of budget authority’’ and will the Office of the Director of Intelligence and best intelligence available. have ‘‘the same relationship to the White such other offices as the Director may des- (2) The National Security Act of 1947 (50 House and the President that the Secretary ignate or are prescribed by law; U.S.C. 401 et seq.) created a formal structure of Defense would have, the Secretary of the (B) the Central Intelligence Agency; under an official who would lead the Central Department of Homeland Security, the At- (C) the National Security Agency; Intelligence Agency and, in a separate role torney General, [or] the Secretary of the (D) the Defense Intelligence Agency; as Director of Central Intelligence, the intel- Treasury would have.’’ The Executive Orders (E) the National Geospatial-Intelligence ligence community of the United States issued on August 27, 2004, while properly fo- Agency;

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(F) the National Reconnaissance Office; (1) The Office of the Director of Intel- (d) STAFF.—(1) To assist the Director in (G) other offices within the Department of ligence. fulfilling the responsibilities of the Director Defense for the collection of specialized na- (2) The elements specified in title II. as head of the intelligence community, the tional intelligence through reconnaissance (3) Such other offices, agencies, and activi- Director shall employ and utilize in the Of- programs; ties as may be established by law or by the fice of the Director of Intelligence a profes- (H) the intelligence elements of the Army, President. sional staff having an expertise in matters Navy, Air Force, and Marine Corps, the Fed- (c) SEAL.—The Director shall have a seal relating to such responsibilities, and may es- eral Bureau of Investigation, the Depart- for the Department. The design of the seal is tablish permanent positions and appropriate ment of the Treasury, the Department of En- subject to approval by the President. Judi- rates of pay with respect to that staff. ergy, and the Coast Guard; cial notice shall be taken of the seal. (2) The staff of the Office under paragraph (I) the Bureau of Intelligence and Research SEC. 102. DIRECTOR OF INTELLIGENCE. (1) shall include the elements of the Commu- of the Department of State; (a) DIRECTOR OF INTELLIGENCE.—There is a nity Management Staff that are transferred (J) the elements of the Department of Director of Intelligence, who is the head of to the Office under title IV. Homeland Security concerned with the anal- the Department of Intelligence, appointed by (3) To the maximum extent practicable, yses of foreign intelligence information; and the President, by and with the advice and the Director shall utilize existing personnel, (K) such other elements of any other de- consent of the Senate. resources, and expertise in organizing the partment or agency of the United States as (b) INDIVIDUALS ELIGIBLE FOR NOMINA- staff of the Office under paragraph (1). may be designated by the President, or des- TION.—Any individual nominated for ap- SEC. 112. DEPUTY DIRECTOR OF INTELLIGENCE. ignated jointly by the Director and the head pointment as Director shall have extensive (a) DEPUTY DIRECTOR OF INTELLIGENCE.— of the department or agency concerned, as national security expertise. There is a Deputy Director of Intelligence (c) TERM OF OFFICE.—(1) The term of serv- an element of the intelligence community. who shall be appointed by the President, by ice of the Director shall be 10 years. and with the advice and consent of the Sen- (7) NATIONAL INTELLIGENCE; INTELLIGENCE (2) Paragraph (1) shall apply with respect ate. RELATED TO THE NATIONAL SECURITY.—The to any individual appointed as Director after (b) INDIVIDUALS ELIGIBLE FOR NOMINA- terms ‘‘national intelligence’’ and ‘‘intel- the date of the enactment of this Act. TION.—Any individual nominated for ap- ligence related to the national security’’— (3) If the individual serving as the Director pointment as Deputy Director of Intelligence (A) refer to intelligence which pertains to of Central Intelligence on the date of the en- shall have extensive national security exper- the interests of more than one department or actment of this Act is the first person ap- tise. agency of the Government; and pointed as Director of Intelligence under this (c) DUTIES AND RESPONSIBILITIES.—The (B) do not refer to counterintelligence or section, the date of appointment of such in- Deputy Director of Intelligence shall, sub- law enforcement activities conducted by the dividual as Director of Intelligence shall be ject to the direction of the Director, be re- Federal Bureau of Investigation except to treated as the date of the commencement of sponsible for assisting the Director in car- the extent provided for in procedures agreed the term of service of the individual as Di- rying out the responsibilities of the Director, to by the Director and the Attorney General, rector of Intelligence for purposes of this including— or otherwise as expressly provided for in this subsection. (1) assisting the Director in the develop- Act or otherwise provided by law. (d) DUTIES AND RESPONSIBILITIES.—The Di- ment and execution of budgets under section rector shall— (8) NATIONAL FOREIGN INTELLIGENCE PRO- 133, evaluating programs, and exercising au- (1) serve as head of the intelligence com- GRAM.—The term ‘‘National Foreign Intel- thority under section 133(f) with respect to munity in accordance with the provisions of ligence Program’’ refers to all programs, reprogramming and reallocation of funds and this Act, the National Security Act of 1947 projects, and activities of the intelligence transfers of personnel; (50 U.S.C. 401 et seq.), and other applicable community, as well as any other programs of (2) assisting the Director in the transition provisions of law; the intelligence community designated of elements of the intelligence community to (2) act as a principal adviser to the Presi- jointly by the Director and the head of a de- the Department under this Act; dent for intelligence related to the national partment or agency of the United States (3) assisting the Director in the develop- security; and Government or by the President. Such term ment, implementation, and management of a does not include programs, projects, or ac- (3) determine the annual budget for intelligence and intelligence-related activities of personnel system for intelligence commu- tivities of the military departments to ac- nity personnel; quire intelligence solely for the planning and the United States Government in accordance with section 133. (4) collecting data and preparing separate conduct of tactical military operations by quarterly reports on the obligation and ex- United States Armed Forces. Subtitle B—Office of the Director of penditures of funds from the elements of the (9) CONGRESSIONAL INTELLIGENCE COMMIT- Intelligence intelligence community under the National TEES.—The term ‘‘congressional intelligence SEC. 111. OFFICE OF THE DIRECTOR OF INTEL- Foreign Intelligence Program; committees’’ means— LIGENCE. (5) assisting the Director in the establish- (A) the Select Committee on Intelligence (a) OFFICE OF DIRECTOR OF INTELLIGENCE.— ment of the National Counterterrorism Cen- There is within the Department an Office of of the Senate; and ter and the national intelligence centers; the Director of Intelligence. (B) the Permanent Select Committee on (6) assisting the Director in the manage- Intelligence of the House of Representatives. (b) FUNCTION.—The function of the Office of the Director of Intelligence is to assist the ment and administration of the staff of the (10) TERRORISM INFORMATION.—The term Office of the Director of Intelligence; ‘‘terrorism information’’ means any infor- Director in carrying out the duties and responsibilities of the Director under this Act, (7) assisting the Director in performing mation, whether collected, produced, or dis- management functions across the intel- tributed by intelligence, law enforcement, the National Security Act of 1947 (50 U.S.C. 401 et seq.), and other applicable provisions ligence community, including the manage- military, homeland security, or other United ment of personnel and resources; States Government activities, relating to— of law and to carry out such other duties as may be prescribed by law. (8) assisting the Director in ensuring that (A) the existence, organization, capabili- (c) COMPOSITION.—The Office of the Direc- the elements of the intelligence community ties, plans, intentions, vulnerabilities, tor of Intelligence is composed of the fol- make better use of open source intelligence means of finance or material support, or ac- lowing: analysis; tivities of foreign or international terrorist (1) The Deputy Director of Intelligence. (9) assisting the Director in directing the groups or individuals, or of domestic groups (2) The National Counterterrorism Center. efficient and effective tasking of national in- or individuals involved in transnational ter- (3) Other national intelligence centers es- telligence collection using technical means rorism; tablished under section 114. and human sources; (B) threats posed by such groups or indi- (4) The Assistant Director of Intelligence (10) assisting the Director with the estab- viduals to the United States, United States for Research, Development, and Procure- lishment of standards, requirements, and pri- persons, or United States interests, or to ment. orities for the analysis and production of in- other nations or the persons or interests of (5) The Assistant Director of Intelligence telligence by all elements of the intelligence other nations; for Civil Liberties and Privacy. community; (C) communications of or by such groups (6) The National Intelligence Council. (11) assisting the Director in overseeing or individuals; or (7) The General Counsel of the Department the collection, analysis, production, and dis- (D) groups or individuals reasonably be- of Intelligence. semination of intelligence by all elements of lieved to be assisting or associated with such (8) The Inspector General of the Depart- the intelligence community; groups or individuals. ment of Intelligence. (12) assisting the Director in monitoring TITLE I—DEPARTMENT OF INTELLIGENCE (9) The Intelligence Comptroller. the allocation of resources for the collection, Subtitle A—Executive Department (10) The Chief Information Officer of the analysis, and production of intelligence in SEC. 101. EXECUTIVE DEPARTMENT. Department of Intelligence. order to identify any unnecessary duplica- (a) EXECUTIVE DEPARTMENT.—The Depart- (11) The Chief Financial Officer of the De- tion in the collection, analysis and produc- ment of Intelligence is an executive depart- partment of Intelligence. tion of intelligence; ment of the United States. (12) Such other offices and officials as may (13) assisting the Director in directing the (b) COMPOSITION.—The Department is com- be established by law or the Director may es- competitive analysis of analytical products posed of the following: tablish or designate in the Office. having national importance;

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8872 CONGRESSIONAL RECORD — SENATE September 7, 2004 (14) assisting the Director with the estab- elements of the United States Government (2) oversee interagency task forces on lishment of priorities and requirements for having counterterrorism responsibilities, counterterrorism (including task forces of daily tasking of collection, analysis, and dis- and provide such departments, agencies, and the Central Intelligence Agency, the Federal semination of information; elements with access to intelligence nec- Bureau of Investigation, and other depart- (15) assisting the Director in conducting essary to accomplish the responsibilities so ments, agencies, and elements of the United daily tasking of collection, analysis, and dis- assigned, without undertaking the direction States Government), and, as the Adminis- semination of information; of such operations. trator determines necessary, incorporate the (16) assisting the Director in providing ad- (D) To serve as the central and shared in- coordinating activities of such task forces visory guidance on the tasking of collection, formation repository within the United into the Center; analysis, and dissemination of information States Government on terrorism informa- (3) incorporate into the Center any inter- to elements of the departments and agencies tion. agency planning of operations on counterter- of the United States Government that col- (E) To ensure that appropriate depart- rorism that is being conducted by the staff of lect intelligence and are not within the Na- ments, agencies, and elements of the United the National Security Council as of the date tional Foreign Intelligence Program; States Government have access to and re- of the enactment of this Act; (17) assisting the Director with the estab- ceive all-source intelligence support nec- (4) establish priorities and requirements lishment of procedures and mechanisms to essary to executive their counterterrorism for, and coordinate the efficient and effective provide for real-time automated tasking plans or perform alternative, independent tasking of, national intelligence collection across multiple intelligence disciplines, such analysis. on counterterrorism, whether inside or out- as signals intelligence, measurement and (F) To unify the strategic intelligence and side the United States, using technical signature intelligence, human intelligence, planning of operations against transnational means and human sources, including the es- imagery intelligence, and electronic intel- terrorist threats across the foreign-domestic tablishment of mechanisms and procedures ligence; divide. to provide for automated tasking across mul- (18) assisting the Director in assessing the (G) To foster joint action among the de- tiple intelligence disciplines in real time; performance of the elements of the intel- partment, agencies, and elements of the (5) develop assessments comparing ter- ligence community with respect to tasking United States Government involved in rorist capabilities and intentions with requests and priorities; and counterterrorism. United States defenses against such threats (19) making recommendations to the Direc- (H) To oversee the counterterrorism oper- (commonly referred to as ‘‘net-assess- tor regarding the assignment within the De- ations of the United States Government. ments’’); partment of officers or employees of the Cen- (I) To ensure that an accountable official (6) provide warnings of terrorist threats as tral Intelligence Agency, the National Secu- has authority to guide the Government-wide directed by the President; rity Agency, the National Geospatial-Intel- counterterrorism efforts of the United States (7) incorporate, as necessary, the perspec- ligence Agency, the National Reconnais- Government. tives and needs of State and local counter- sance Office, and other elements of the De- (2) A department, agency, or element of terrorism officials in implementing the mis- partment to assist in the tasking of collec- the United States Government that objects sion of the Center; and tion, analysis, and dissemination of informa- to the assignment of general operational au- (8) access, as considered necessary by the tion to all elements of the intelligence com- thority to such department, agency, or ele- Administrator for the performance of the munity under the National Foreign Intel- ment under paragraph (1)(C) shall notify the functions of the Center, information to ligence Program. National Security Council and the Homeland which the Administrator is granted access (d) POWER TO ACT AS DIRECTOR OF INTEL- Security Council under title IX of the Home- by subsection (i). LIGENCE.—The Deputy Director of Intel- land Security Act of 2002 (6 U.S.C. 491 et seq.) (f) DEPUTY ADMINISTRATORS OF NATIONAL ligence shall act for, and exercise the powers of such objection. COUNTERTERRORISM CENTER.—(1) There is in of, the Director during the Director’s ab- (c) ADMINISTRATOR OF NATIONAL COUNTER- the National Counterterrorism Center a Dep- sence or disability or during a vacancy in the TERRORISM CENTER.—(1) There is an Adminis- uty Administrator of the National Counter- position of Director of Intelligence. trator of the National Counterterrorism Cen- terrorism Center for Intelligence who shall (e) PRECEDENCE IN OFFICE OF DIRECTOR OF ter, who shall be the head of the National be appointed by the Administrator of the Na- INTELLIGENCE.—The Deputy Director of In- Counterterrorism Center, who shall be ap- tional Counterterrorism Center. telligence takes precedence in the Office of pointed from civilian life by the President, (2) There is in the National Counterter- the Director of Intelligence immediately by and with the advice and consent of the rorism Center a Deputy Administrator of the after the Director. Senate. National Counterterrorism Center for Oper- SEC. 113. NATIONAL COUNTERTERRORISM CEN- (2) Any individual nominated for appoint- TER. ment as Administrator of the National ations who shall be appointed by the Admin- (a) NATIONAL COUNTERTERRORISM CENTER.— Counterterrorism Center shall have signifi- istrator of the National Counterterrorism There is a National Counterterrorism Cen- cant expertise in matters relating to the na- Center. ter. tional security of the United States and mat- (3) The Deputy Administrators shall have (b) MISSIONS.—(1) The missions of the Na- ters relating to terrorism that threatens the the responsibilities set forth in subsection tional Counterterrorism Center shall be as national security of the United States. (g). follows: (d) DUTIES AND RESPONSIBILITIES OF ADMIN- (g) DUTIES AND RESPONSIBILITIES OF DEP- (A) To serve as the primary organization ISTRATOR.—Notwithstanding any other provi- UTY ADMINISTRATORS.—(1) The Deputy Ad- within the United States Government for sion of law, at the policy direction of the ministrator of the National Counterter- analyzing and integrating all intelligence President and the National Security Council, rorism Center for Intelligence shall have re- possessed or acquired by the United States the Administrator of the National Counter- sponsibilities for matters as follows: Government pertaining to terrorism or terrorism Center shall, through the Director, (A) Strategic analysis of terrorist threats. counterterrorism (other than purely domes- be responsible for the following insofar as it (B) The pooling of all-source intelligence tic counterterrorism information) and, in relates to counterterrorism: (whether domestic or foreign) about furtherance of such mission— (1) Serving as the principal advisor to the transnational terrorist organizations with (i) to receive, retain, and disseminate in- President on counterterrorism matters. worldwide reach. formation from any department, agency, or (2) Directing the efficient and effective (C) The development of assessment com- other element of the Federal Government, tasking of national intelligence collection paring terrorist capabilities and intentions any State or local government, or any other using technical means and human sources. with United States defenses against such source to the extent consistent with applica- (3) Establishing standards and priorities threats (commonly referred to as ‘‘net as- ble law; and relating to the analysis and production of in- sessments’’). (ii) to respond to inquiries from any de- telligence by the elements of the intelligence (D) The provision of warnings on terrorist partment, agency, or other element of the community. threats. Federal Government, or any State or local (4) Directing the tasking of analysis and (E) The discharge of the tasking of na- government agency, that is discharging production of intelligence by the elements of tional intelligence under subsection (d) and counterterrorism responsibilities in order to the intelligence community. (e). assist such department, agency, or element (5) Directing competitive analysis of ana- (F) The duties of the Terrorist Threat Inte- in discharging such responsibilities. lytical products having national importance. gration Center (TTIC) transferred to the De- (B) To conduct strategic planning for oper- (6) Identifying intelligence requirements. partment under title IV. ations for counterterrorism activities that (e) AUTHORITIES OF ADMINISTRATOR.—In (2) The Deputy Administrator of the Na- integrate all instruments of National power, carrying out the duties and responsibilities tional Counterterrorism Center for Oper- including diplomacy, finance, military force, specified in subsection (d), the Adminis- ations shall have responsibilities as follows: intelligence, homeland security, and law en- trator of the National Counterterrorism Cen- (A) Joint planning for the assignment of forcement. ter shall— responsibilities for operations to lead agen- (C) Consistent with applicable law, to as- (1) monitor the implementation of counter- cies. sign general responsibilities for counterter- terrorism operations and coordinate the up- (B) The tracking of operations so assigned. rorism in support of strategic plans under dating of plans for such operations as need- (C) The overall coordination of operations paragraph (2) to departments, agencies, and ed; of the intelligence community.

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(h) STAFF.—(1) To assist the Administrator ment for further dissemination at the State the center is included in the National For- of the National Counterterrorism Center in and local level; and eign Intelligence Program Budget. fulfilling the responsibilities of the Adminis- (D) direct foreign and domestic intel- SEC. 115. ASSISTANT DIRECTOR OF INTEL- trator under this section, the Administrator ligence collection and analysis to address LIGENCE FOR RESEARCH, DEVELOP- shall employ and utilize in the Center a pro- threats and to support implementation of op- MENT, AND PROCUREMENT. fessional staff having an expertise in matters erations. (a) ASSISTANT DIRECTOR OF INTELLIGENCE relating to such responsibilities. (3) As part of its mission to plan intel- FOR RESEARCH, DEVELOPMENT, AND PROCURE- (2) The head of any element of the intelligence operations, a national intelligence MENT.—There is an Assistant Director of In- ligence community may, upon the request of center shall— telligence for Research, Development, and the Director, assign or detail to the Center (A) develop, based on policy objectives and Procurement who shall be appointed by the any officer or employee of such element to priorities established by the National Secu- Director. assist the Administrator in carrying out the rity Council, plans for operations for intel- (b) DIRECTION.—The Assistant Director of responsibilities of the Administrator under ligence collection for its area of intelligence Intelligence for Research, Development, and this section. responsibility; Procurement shall report to the Director re- (i) ACCESS TO TERRORISM INFORMATION.— (B) assign responsibilities for operations garding the activities of the Assistant Direc- The head of each department, agency, or for intelligence collection for its area of in- tor. other element of the United States Govern- telligence responsibility to the elements of (c) PRINCIPAL RESPONSIBILITIES.—The As- ment that possesses or acquires terrorism in- the intelligence community, which oper- sistant Director of Intelligence for Research, formation shall— ations shall be directed and conducted by the Development, and Procurement shall— (1) give prompt access to such information elements of the intelligence community con- (1) manage and oversee the research and to the Administrator of the National cerned; and development activities of the intelligence Counterterrorism Center, unless otherwise (C) oversee implementation of such plans community with respect to the intelligence expressly prohibited by law or otherwise di- and operations, and update such plans, as the and intelligence-related activities of the rected by the President; administrator of the center considers appro- United States Government; (2) cooperate in, and facilitate the produc- priate. (2) ensure that research and development tion of, reports based on terrorism informa- (d) SUPERVISION.—The administrator of projects are consistent with national intel- tion with contents and formats that permit each national intelligence center shall re- ligence requirements; dissemination of such information in a man- port directly to the Director in order to en- (3) establish priorities among such projects ner that maximizes the utility of such infor- sure adequate sharing of intelligence anal- in order to address deficiencies in the collec- mation in protecting the territory, people, ysis and adequate planning of intelligence tion, analysis, and dissemination of national and interests of the United States; and operations in the area of intelligence respon- intelligence; (3) if such department, agency, or other sibility assigned to such center. (4) account for funding constraints in pro- element conducts diplomatic, financial, mili- (e) STAFF OF CENTERS.—(1) The head of an gram development and acquisition; tary, homeland security, intelligence, or law element of the intelligence community shall, (5) address system requirements from col- enforcement activities relating to counter- upon the request of the administrator of a lection to final dissemination (also known as terrorism, keep the Administrator fully and national intelligence center and with the ap- ‘‘end-to-end architecture’’); and currently informed of such activities, unless proval of the Director, assign or detail to the (6) in consultation with the Director, the expressly prohibited by law or otherwise di- center any personnel, including intelligence Chief Information Officer of the Department rected by the President. analysts and intelligence operations special- of Intelligence, and the Intelligence Comp- SEC. 114. OTHER NATIONAL INTELLIGENCE CEN- ists, of such element as the administrator of troller, ensure that tactical military intel- TERS. the center considers appropriate to carry out ligence systems, military systems, and na- (a) NATIONAL INTELLIGENCE CENTERS.—(1) the mission of the center. tional intelligence systems are sufficiently The Director shall establish within the De- (2) Personnel assigned or detailed to a na- interoperable. partment one or more centers (to be known tional intelligence center under paragraph (e) RESPONSIBILITY FOR PERFORMANCE OF as ‘‘national intelligence centers’’) to ad- (1) shall be under the authority, direction, SPECIFIC FUNCTION.—In carrying out respon- dress intelligence priorities established by and control of the administrator of the cen- sibilities under this section, the Assistant the National Security Council. ter on all matters for which the center has Director of Intelligence for Research, Devel- (2) Each national intelligence center shall been assigned responsibility and for all mat- opment, and Procurement shall ensure be assigned an area of intelligence responsi- ters related to the accomplishment of the through the National Reconnaissance Office bility, whether expressed in terms of a geo- mission of the center. the continued operation of an effective uni- graphic region (including the Middle East), (3) Performance evaluations of personnel fied organization for the research, develop- in terms of function (including counterter- assigned or detailed to a national intel- ment, and acquisition of overhead reconnais- rorism, proliferation of weapons of mass de- ligence center under this subsection shall be sance systems necessary to satisfy— struction, and international crime and nar- undertaken by the supervisors of such per- (1) the requirements of all elements of the cotics), or in other terms. sonnel at the center. intelligence community; and (b) REQUIREMENTS RELATING TO ESTABLISH- (4) The supervisors of the staff of a na- (2) the needs of the Department of Defense, MENT OF CENTERS.—(1) In establishing a national center may, with the approval of the including the Chairman of the Joint Chiefs tional intelligence center, the Director shall Director, reward the staff of the center for of Staff and the commanders of the unified assign lead responsibility for such center to meritorious performance by the provision of and specified commands. an element of the intelligence community such performance awards as the Director SEC. 116. ASSISTANT DIRECTOR OF INTEL- selected by the Director for that purpose. shall prescribe. LIGENCE FOR CIVIL LIBERTIES AND (2) The Director shall determine the struc- (5) The administrator of a national intel- PRIVACY. ture and size of each national intelligence ligence center may recommend to the head (a) ASSISTANT DIRECTOR OF INTELLIGENCE center. of the element of the intelligence commu- FOR CIVIL LIBERTIES AND PRIVACY.—There is (3) The Director shall notify the congres- nity concerned the reassignment to such ele- an Assistant Director of Intelligence for sional intelligence committees of the estab- ment of any personnel of such element pre- Civil Liberties and Privacy who shall be ap- lishment of a national intelligence center viously assigned or detailed to the center. pointed by the Director. not later than 60 days before the date of the (f) MODIFICATION OR TERMINATION OF CEN- (b) DIRECTION.—The Assistant Director of establishment of the center. TERS.—(1) The Director may terminate a na- Intelligence for Civil Liberties and Privacy (c) MISSION OF CENTERS.—(1) Each national tional intelligence center if the Director de- shall report to the Director regarding the ac- intelligence center shall provide joint all termines that the center is no longer re- tivities of the Assistant Director. source intelligence analysis and planning of quired to meet an intelligence priority es- (c) DUTIES AND RESPONSIBILITIES.—The As- intelligence operations in the area of intel- tablished by the National Security Council. sistant Director of Intelligence for Civil Lib- ligence responsibility assigned the center by (2) The Director may from time to time erties and Privacy shall— the Director pursuant to intelligence prior- recommend to the National Security Council (1) serve as the head of the Office of Civil ities established by the National Security a modification of the mission or responsibil- Liberties and Privacy under section 242; and Council. ities of a national intelligence center, and (2) in that capacity, have the duties and re- (2) As part of its intelligence analysis mis- may, with the approval of the National Secu- sponsibilities specified in that section. sion, a national intelligence center shall— rity Council, modify the mission or respon- SEC. 117. NATIONAL INTELLIGENCE COUNCIL. (A) undertake primary responsibility for sibilities of a national intelligence center. (a) NATIONAL INTELLIGENCE COUNCIL.— strategic and tactical intelligence analysis, (g) SUPPORT.—The element of the intel- There is a National Intelligence Council. fusing all-source intelligence, whether for- ligence community assigned lead responsi- (b) COMPOSITION.—(1) The National Intel- eign or domestic, on the area of intelligence bility for a national intelligence center ligence Council shall be composed of sub- responsibility of the center; under subsection (b)(1) shall be responsible stantive experts on matters addressed by the (B) develop intelligence net assessments; for the provision of administrative support Council who shall be appointed by, report to, (C) provide threat warnings to the Director for the center, including the provision of and serve at the pleasure of the Director. and to appropriate departments, agencies, funds to the center necessary for the admin- (2) The Director shall prescribe appropriate and elements of the United States Govern- istration of the center, until such time as security requirements for service on the

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App. 3). (B) no action constituting a reprisal, or telligence community; (b) SUPERVISION AND CONTROL; REMOVAL.— threat of reprisal, for making such com- (B) evaluate intelligence community-wide (1) The Inspector General of the Department plaint may be taken by any employee of the collection, analysis, and production of intel- of Intelligence shall report to and be under Agency or any other element of the intelligence and the requirements and resources the general supervision of the Director. ligence community in a position to take of the collection, analysis, and production of (2) The Inspector General may be removed such actions, unless the complaint was made such intelligence; and from office only by the President. The Presi- or the information was disclosed with the (C) otherwise assist the Director in car- dent shall immediately communicate in knowledge that it was false or with willful rying out the responsibilities described in writing to the congressional intelligence disregard for its truth or falsity. section 131. committees the reasons for the removal of (3) The Inspector General shall have au- (2)(A) National intelligence estimates pro- any individual from the position of Inspector thority to administer to or take from any duced under paragraph (1)(A) shall— General. person an oath, affirmation, or affidavit, (c) DUTIES AND RESPONSIBILITIES.—It shall (i) separately state, and distinguish be- whenever necessary in the performance of be the duty and responsibility of the Inspec- tween, the intelligence underlying the esti- the Inspector General’s duties, which oath, tor General of the Department of Intel- mate and the assumptions and judgment of affirmation, or affidavit when administered ligence— analysts with respect to that intelligence or taken by or before an employee of the Of- (1) to provide policy direction for, and to and estimate; fice designated by the Inspector General plan, conduct, supervise, and coordinate (ii) describe the quality and reliability of shall have the same force and effect as if ad- independently, the inspections, investiga- the intelligence underlying the estimates; ministered or taken by or before an officer tions, and audits relating to the programs and having a seal. and operations of the Department and the in- (iii) present and explain alternative con- (4) The Inspector General shall have such telligence community to ensure they are clusions with respect to the intelligence and additional powers and authorities specified conducted efficiently and in accordance with estimates. for inspectors general in the Inspector Gen- applicable law and regulations; (B) Before publication and distribution of a eral Act of 1978 as the Director shall pre- (2) to keep the Director fully and currently national intelligence estimate, the estimate scribe. informed concerning violations of law and shall be certified by both the Director and (e) SEMIANNUAL REPORTS.—(1) Not later regulations, violations of civil liberties and the Chairman of the Council as approved for than April 30 and October 31 each year, the privacy, and fraud and other serious prob- publication and distribution. Inspector General of the Department of In- lems, abuses, and deficiencies that may (d) ACCESS TO INTELLIGENCE.—To the ex- telligence shall submit to the Director a re- occur in such programs and operations, and tent approved by the President and rec- port on the activities of the Inspector Gen- to report the progress made in implementing ommended by the Director, the National In- eral under this section during the six-month corrective action; telligence Council shall have access to all in- period ending March 31 and September 30 of (3) to take due regard for the protection of telligence related to the national security such year, respectively. intelligence sources and methods in the that is necessary for its duties and respon- (2) Each report shall include, for the period preparation of all reports issued by the In- sibilities under this section. covered by such report, the following: spector General, and, to the extent con- (e) CONTRACT AUTHORITY.—Subject to the (A) The matters specified for semiannual sistent with the purpose and objective of direction and control of the Director, the Na- reports of inspectors general in section 5 of such reports, take such measures as may be tional Intelligence Council may carry out its the Inspector General Act of 1978. appropriate to minimize the disclosure of in- duties and responsibilities under this section (B) An assessment of the effectiveness of telligence sources and methods described in by contract, including contracts for sub- all measures in place in the Department for such reports; stantive experts necessary to assist the the protection of civil liberties and privacy (4) to prepare semiannual reports as pro- Council with particular assessments under of United States persons. vided in subsection (d); and this section. (3) Not later than 30 days after receipt of a (5) to perform such other duties specified (f) STAFF.—The Director shall make avail- report under paragraph (1), the Director for inspectors general in the Inspector Gen- able to the National Intelligence Council shall transmit to the congressional intel- eral Act of 1978 as the Director shall pre- such staff as may be necessary to permit the ligence committees a complete, unabridged scribe. Council to carry out its duties and respon- copy of such report together with such com- (d) POWERS AND AUTHORITIES.—(1)(A) The ments on such report as the Director con- sibilities under this section. Inspector General of the Department of In- siders appropriate. (g) AVAILABILITY TO POLICYMAKERS.—The telligence shall have access to any employee (f) COOPERATION WITH OTHER INSPECTORS National Intelligence Council shall be read- or any employee of a contractor of the De- GENERAL OF INTELLIGENCE COMMUNITY.—Each ily accessible to policymaking officials of partment or any other element of the intel- inspector general of an element of the intel- the United States. ligence community whose testimony is need- ligence community shall cooperate fully (h) ASSISTANCE OF INTELLIGENCE COMMU- ed for the performance of the duties and re- with the Inspector General of the Depart- NITY.—The heads of the elements of the in- sponsibilities of the Inspector General. telligence community shall, as appropriate, (B) The Inspector General shall have direct ment of Intelligence in the performance of furnish such support to the National Intel- access to all records, reports, audits, re- any duty or function by the Inspector Gen- ligence Council, including the preparation of views, documents, papers, recommendations, eral of the Department of Intelligence under intelligence analyses, as may be required by or other materials which relate to the pro- this section regarding such element. the Director. grams and operations with respect to which (g) CONSTRUCTION OF DUTIES REGARDING SEC. 118. GENERAL COUNSEL OF THE DEPART- the Inspector General has responsibilities ELEMENTS OF INTELLIGENCE COMMUNITY.—The MENT OF INTELLIGENCE. under this section. performance by the Inspector General of the (a) GENERAL COUNSEL.—There is a General (C) The level of classification or Department of Intelligence of any duty or Counsel of the Department of Intelligence compartmentation of information shall not, function regarding an element of the intel- who shall be appointed from civilian life by in and of itself, provide a sufficient rationale ligence community may not be construed to the President, by and with the advice and for denying the Inspector General access to modify or affect the responsibility of any consent of the Senate. any materials under subparagraph (B). other inspector general having responsibil- (b) PROHIBITION ON DUAL SERVICE AS GEN- (2) The Inspector General is authorized to ities regarding the element of the intel- ERAL COUNSEL OF ANOTHER AGENCY.—The in- receive and investigate complaints or infor- ligence community. dividual serving in the position of General mation from any person concerning the ex- SEC. 120. INTELLIGENCE COMPTROLLER. Counsel of the Department of Intelligence istence of an activity constituting a viola- (a) INTELLIGENCE COMPTROLLER.—There is may not, while so serving, also serve as the tion of laws, rules, or regulations, or mis- an Intelligence Comptroller who shall be ap- General Counsel of any other department, management, gross waste of funds, abuse of pointed by the Director. agency, or element of the United States Gov- authority, or a substantial and specific dan- (b) SUPERVISION.—The Intelligence Comp- ernment. ger to the public health and safety. Once troller shall report directly to the Director. (c) SCOPE OF POSITION.—The General Coun- such complaint or information has been re- (c) DUTIES.—The Intelligence Comptroller sel of the Department of Intelligence is the ceived from an employee of the Department shall— chief legal officer of the Department. or any other element of the intelligence (1) assist the Secretary of Defense in the (d) FUNCTIONS.—The General Counsel of the community— preparation and execution of the budget of Department of Intelligence shall perform (A) the Inspector General shall not disclose the Department of Defense insofar as such such functions as the Director may pre- the identity of the employee without the budget relates to the tactical intelligence scribe. consent of the employee, unless the Inspec- programs;

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(2) assist the Deputy Director of Intel- (b) SUPERVISION.—The Chief Financial Offi- Subtitle C—Mission, Responsibilities, and ligence in the preparation and execution of cer of the Department of Intelligence shall Authorities the budget of the intelligence community report directly to the Director. SEC. 131. PROVISION OF NATIONAL INTEL- under the National Foreign Intelligence Pro- (c) DUTIES AND RESPONSIBILITIES.—The LIGENCE. gram; Chief Financial Officer of the Department of (a) PROVISION OF NATIONAL INTELLIGENCE.— (3) provide unfettered access to the Direc- Intelligence shall, in consultation with the The Director shall be responsible for pro- tor to financial information under the Na- Intelligence Comptroller— viding national intelligence— tional Foreign Intelligence Program; and (1) assist the Director and the Deputy Di- (1) to the President; (4) provide information to the Deputy Di- rector of Intelligence in the preparation and (2) to the heads of other departments and rector of Intelligence necessary for reports execution of the budget of the elements of agencies of the executive branch; under section 112(c)(4). the intelligence community under the Na- (3) to the Chairman of the Joint Chiefs of (d) STAFF.—The staff of the Intelligence tional Foreign Intelligence Program; Staff and senior military commanders; and Comptroller shall consist of personnel of the (4) upon request, to the Senate and House intelligence community who are assigned to (2) assist the Secretary of Defense in the preparation and execution of the budget of of Representatives and the committees the staff by the Director, in consultation thereof. with the heads of the other elements of the the Department of Defense insofar as such budget relates to the elements of the intel- (b) SENSE OF CONGRESS.—The national in- intelligence community. telligence provided under subsection (a) SEC. 121. CHIEF INFORMATION OFFICER OF THE ligence community within the Joint Mili- tary Intelligence Program and the Tactical should be timely, objective, independent of DEPARTMENT OF INTELLIGENCE. political considerations, and based upon all (a) CHIEF INFORMATION OFFICER OF DEPART- Intelligence and Related Activities Program; and sources available to the intelligence commu- MENT OF INTELLIGENCE.—There is a Chief In- nity. formation Officer of the Department of Intel- (3) provide unfettered access to the Direc- ligence who shall be appointed by the Direc- tor to financial information under the Na- SEC. 132. RESPONSIBILITIES OF DIRECTOR OF IN- TELLIGENCE. tor. tional Foreign Intelligence Program. N ENERAL (b) ELIGIBILITY FOR APPOINTMENT.—Any in- (a) I G .—The Director shall, in (d) STAFF.—The staff of the Chief Financial consultation with the heads of relevant enti- dividual appointed as Chief Information Offi- Officer of the Department of Intelligence cer of the Department of Intelligence shall ties and taking into consideration the intel- shall consist of personnel of the elements of ligence requirements established by the Na- have extensive experience in the manage- the intelligence community who are as- ment, operation, and maintenance of com- tional Security Council for purposes of na- signed to the staff by the Director. plex information networks, including the use tional security and foreign policy— of advanced information technology applica- SEC. 123. MILITARY STATUS OF DIRECTOR OF IN- (1) direct and manage the tasking of collec- tions and products to promote the efficient TELLIGENCE AND DEPUTY DIREC- tion, analysis, and dissemination of national and secure exchange of information across TOR OF INTELLIGENCE. intelligence by elements of the intelligence community, including the establishment of such networks. (a) IN GENERAL.—(1) Not more than one of (c) DUTIES AND RESPONSIBILITIES.—The requirements and priorities of such tasking; the individuals serving in the positions spec- Chief Information Officer of the Department (2) approve collection and analysis require- ified in subsection (b) may be a commis- of Intelligence shall— ments, determine collection and analysis sioned officer of the Armed Forces in active (1) develop an integrated information tech- priorities, and resolve conflicts in collection status. nology network that provides for the effi- and analysis priorities levied on national cient and secure exchange of intelligence in- (2) It is the sense of Congress that at least collection and analysis assets, except as oth- formation among the elements of the intel- one of the individuals serving in a position erwise agreed with the Secretary of Defense ligence community and, as directed by the specified in subsection (b) should be a com- pursuant to the direction of the President; President, other departments, agencies, and missioned officer of the Armed Forces, (3) promote and evaluate the utility of na- elements of the United States Government whether in active or retired status. tional intelligence to consumers within the and of State and local governments; United States Government; (b) COVERED POSITIONS.—The positions re- (4) eliminate waste and unnecessary dupli- (2) develop an enterprise architecture for ferred to in this subsection are the following: cation within the intelligence community; the intelligence community and ensure that (1) The Director. (5) establish requirements and priorities elements of the intelligence community (2) The Deputy Director of Intelligence. comply with such architecture; for foreign intelligence information to be (3) ensure that the elements of the intel- (c) SERVICE OF COMMISSIONED OFFICERS.— collected under the Foreign Intelligence Sur- ligence community have direct and contin- (1) A commissioned officer of the Armed veillance Act of 1978 (50 U.S.C. 1801 et seq.), uous electronic access to all information (in- Forces, while serving in a position specified and provide assistance to the Attorney Gen- cluding unevaluated intelligence) necessary in subsection (b)— eral to ensure that information derived from for appropriately cleared analysts to conduct (A) shall not be subject to supervision or electronic surveillance or physical searches comprehensive all-source analysis and for control by the Secretary of Defense or by under that Act is disseminated so it may be appropriately cleared policymakers to per- any officer or employee of the Department of used efficiently and effectively for foreign form their duties; Defense; intelligence purposes, except that the Direc- (4) review and provide recommendations to (B) shall not exercise, by reason of the offi- tor shall have no authority to direct, man- the Director on intelligence community cer’s status as a commissioned officer, any age, or undertake electronic surveillance or budget requests for information technology supervision or control with respect to any of physical search operations pursuant to that and national security systems; the military or civilian personnel of the De- Act unless otherwise authorized by statute (5) ensure the interoperability of informa- partment of Defense, except as otherwise au- or Executive order; tion technology and national security sys- thorized by law; and (6) establish requirements and procedures tems throughout the intelligence commu- (C) shall not be counted against the num- for the classification of information; nity; bers and percentages of commissioned offi- (7) establish requirements and procedures (6) promulgate and enforce standards on in- cers of the rank and grade of such officer au- for the dissemination of classified informa- formation technology and national security thorized for the military department of that tion by elements of the intelligence commu- systems that apply throughout the intel- officer. nity; ligence community; (2) Except as provided in subparagraph (A) (8) establish intelligence reporting guide- (7) provide for the elimination of duplicate or (B) of paragraph (1), the appointment of lines while protecting intelligence sources information technology and national secu- an officer of the Armed Forces to a position and methods; rity systems within and between the ele- specified in subsection (b) shall not affect (9) oversee and ensure compliance by each ments of the intelligence community; and the status, position, rank, or grade of such element of the intelligence community with the statutes and Executive orders of the (8) maintain a consolidated inventory of officer in the Armed Forces, or any emolu- United States, including laws related to the mission critical and mission essential infor- ment, perquisite, right, privilege, or benefit protection of civil liberties and privacy of mation systems for the intelligence commu- incident to or arising out of such status, po- United States persons; nity, identify interfaces between such sys- sition, rank, or grade. tems and other information systems, and de- (10) protect intelligence sources and meth- velop and maintain contingency plans for re- (3) A commissioned officer of the Armed ods from unauthorized disclosure as provided sponding to a disruption in the operation of Forces on active duty who is appointed to a in subsection (b); any of such systems. position specified in subsection (b), while (11) establish and implement policies and SEC. 122. CHIEF FINANCIAL OFFICER OF THE DE- serving in such position and while remaining procedures governing access to, and use of, PARTMENT OF INTELLIGENCE. on active duty, shall continue to receive specified data base information by officers (a) CHIEF FINANCIAL OFFICER OF DEPART- military pay and allowances and shall not and employees of the elements of the intel- MENT OF INTELLIGENCE.—There is a Chief Fi- receive the pay prescribed for such position. ligence community and, as directed by the nancial Officer of the Department of Intel- Funds from which such pay and allowances President (after recommendations by the At- ligence who shall be appointed from civilian are paid shall be reimbursed from funds torney General), law enforcement personnel life by the Director. available to the Director. of the United States Government;

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8876 CONGRESSIONAL RECORD — SENATE September 7, 2004 (12) develop, in consultation with the Sec- semination to those who can act on, add programs, projects, and activities of the na- retary of Defense, the Secretary of Homeland value to, or otherwise apply it to mission tional intelligence centers; and Security, and the heads of other appropriate needs; (30) perform such other functions as the departments and agencies of the United (21) ensure that appropriate departments, President may direct. States Government, an integrated commu- agencies, and elements of the United States (b) PROTECTION OF INTELLIGENCE SOURCES nications network that provides interoper- Government have access to, and receive, all- AND METHODS.—(1) In order to protect intel- able communications capabilities among all source intelligence support needed to per- ligence sources and methods from unauthor- elements of the intelligence community and form independent, alternative analysis; ized disclosure and, consistent with that pro- such other entities and persons as the Direc- (22) establish policies, procedures, and tection, to maximize the dissemination of in- tor considers appropriate; mechanisms that translate intelligence ob- telligence, the Director shall establish and (13) develop and implement, in consulta- jectives and priorities approved by the Presi- implement guidelines for the following pur- tion with the heads of the other elements of dent into specific guidance for the intel- poses: the intelligence community, policies and ligence community; (A) The classification of information. programs within the intelligence community (23) receive access to all foreign intel- (B) Access to and dissemination of intel- for the rotation of personnel among the ele- ligence, counterintelligence, and national in- ligence, both in final form and in the form ments of the intelligence community in a telligence, including intelligence derived when initially gathered. manner that— from activities of any department, agency, (C) The preparation of intelligence reports (A) makes service in more than one ele- or element of the United States Government, to ensure that, to the maximum extent prac- ment of the intelligence community pursu- and to all other information that is related ticable, information contained in such re- ant to such rotation a condition of pro- to the national security or is otherwise reports is also available in unclassified form. motion to such positions within the intel- quired for the performance of the duties of (2) The Director may not delegate a duty ligence community as the Director shall the Director, except in cases in which the ac- or authority under this subsection. specify; cess of the Director to such information is (c) UNIFORM PROCEDURES FOR SENSITIVE (B) ensures the effective management of expressly prohibited by law, by the Presi- COMPARTMENTED INFORMATION.—The Presi- intelligence community personnel who are dent, or by the Attorney General acting at dent, acting through the Director, shall— specially training in intelligence commu- the direction of the President; (1) establish uniform standards and proce- nity-wide matters; and (24) consistent with section 133, review, and dures for the grant of access to sensitive (C) establishes standards for education and approve or disapprove, any proposal to— compartmented information to any officer or training that will facilitate assignments to (A) reprogram funds within an appropria- employee of any department, agency, or ele- the national intelligence centers under section for the National Foreign Intelligence ment of the United States Government and tion 114; Program; to employees of contractors of the depart- (14) consolidate and manage a common per- (B) transfer funds from an appropriation ments, agencies, and elements of the United sonnel security system for the Department; for the National Foreign Intelligence Pro- States Government; (15) develop and implement, as necessary, a gram to an appropriation that is not for the (2) ensure the consistent implementation common personnel system and common re- National Foreign Intelligence Program with- of those standards and procedures through- tirement and disability system for the De- in the intelligence community; or out the departments, agencies, and elements partment; (C) transfer funds from an appropriation of the United States Government; and (16) ensure that the composition of the per- that is not for the National Foreign Intel- (3) ensure that security clearances granted sonnel of the intelligence community is suf- ligence Program within the intelligence by individual elements of the intelligence ficiently diverse for purposes of the collec- community to an appropriation for the Na- community are recognized by all elements of tion and analysis of intelligence by recruit- tional Foreign Intelligence Program; the intelligence community, and under con- ing and training for service in the intel- (25) ensure that any intelligence and oper- tracts entered into by such elements. ligence community women, minorities, and ational systems and architectures of the de- SEC. 133. AUTHORITIES OF DIRECTOR OF INTEL- individuals with diverse ethnic, cultural, and partments, agencies, and elements of the LIGENCE. (a) ACCESS TO INTELLIGENCE.—To the ex- linguistic backgrounds; United States Government are consistent tent approved by the President, the Director (17) appoint officers or employees of the with national intelligence requirements set shall have access to all intelligence related Department of Homeland Security, the Cen- by the Director and all applicable informa- to the national security which is collected tral Intelligence Agency, the National Secu- tion sharing and security guidelines and in- by any department, agency, or other element rity Agency, the National Geospatial-Intel- formation privacy requirements; of the United States Government. ligence Agency, the National Reconnais- (26) in consultation with the Attorney Gen- (b) DETERMINATION OF BUDGETS FOR NFIP sance Office, and other elements of the De- eral, set forth common standards, through AND OTHER INTELLIGENCE ACTIVITIES.—The partment of Intelligence to serve as tasking written requirements, procedures, and guide- Director shall determine, as appropriate, the directors to assist in the tasking of collec- lines, for the collection and sharing of infor- annual budget for intelligence and intel- tion, analysis, and dissemination of informa- mation collected abroad and in the United ligence-related activities of the United tion for all elements of the intelligence com- States by the elements of the intelligence States under section 102(d)(3) by— munity under the National Foreign Intel- community, and with State and local gov- (1) developing and presenting to the Presi- ligence Program; ernments in consultation with the Secretary dent an annual budget for the National For- (18) in accordance with the provisions of of Homeland Security, while to the max- eign Intelligence Program, including, in fur- section 106 of the National Security Act of imum extent practicable, protecting the pri- therance of such budget— 1947 (50 U.S.C. 403–6), make recommendations vacy and civil liberties of United States per- (A) the preparation, review, modification, to the President regarding the appointment sons and ensuring that relevant officers of and approval of budgets of the elements of of certain heads of elements of the intel- the United States Government are provided the intelligence community; and ligence community; with clear, understandable, consistent, effec- (B) the preparation, review, modification, (19) develop such objectives and guidance tive, and lawful procedures and guidelines and approval of personnel and resource allo- for the intelligence community as, in the for the collection, handling, distribution, cations by the elements of the intelligence judgment of the Director, are necessary to and retention of information; community; ensure the timely and effective collection, (27) require, at the outset of the intel- (2) participating in the development by the processing, analysis, and dissemination of in- ligence collection and analysis process, the Secretary of Defense of the annual budget telligence, of whatever nature and from creation of records and reporting, for both for the Joint Military Intelligence Program whatever source derived, concerning current raw and processed information, in such a and the Tactical Intelligence and Related and potential threats to the security of the manner that sources and methods are pro- Activities Program; United States and its interests, and to en- tected so that the information can be dis- (3) having direct jurisdiction of amounts sure that the National Foreign Intelligence tributed at lower classification levels, and appropriated or otherwise made available for Program is structured adequately to achieve by creating unclassified versions for dis- the National Foreign Intelligence Program such objectives; tribution whenever possible; as specified in subsection (e); and (20) work with the elements of the intel- (28) require information to be shared free (4) managing and overseeing the execution, ligence community to ensure that the intel- of originator controls, including controls re- and, if necessary, the modification of the an- ligence collection activities of the United quiring the consent of the originating agen- nual budget for the National Foreign Intel- States Government are integrated in— cy prior to the dissemination of the informa- ligence Program, including directing the re- (A) collecting against enduring and emerg- tion outside any other agency to which it programming and reallocation of funds, and ing threats to the national security of the has been made available, and otherwise the transfer of personnel, among and be- United States; minimizing the applicability of information tween elements of the intelligence commu- (B) maximizing the value of such intel- compartmentalization systems to informa- nity in accordance with subsection (f). ligence collection to the national security of tion while holding personnel accountable for (c) BUDGET AUTHORITIES.—(1) For purposes the United States; and increased sharing of intelligence related to of subsection (b)— (C) ensuring that all collected data is the national security; (A) the Director shall, acting through the available, to the maximum extent prac- (29) direct, supervise, and control all as- Deputy Director of Intelligence, direct, co- ticable, for integration, analysis, and dis- pects of national intelligence, including the ordinate, and prepare the annual budgets of

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(B) the Director shall provide guidance for ligence community for a period of up to a (H) Section 21 (50 U.S.C. 403u), relating to the development of the annual budgets for year. operation of a central services program. such other elements of the intelligence com- (4) Consistent with section 504 of the Na- (2) Notwithstanding any other provision of munity as are not within the National For- tional Security Act of 1947, the Secretary of law, the head of an element of the intel- eign Intelligence Program; Defense shall consult with the Director be- ligence community delegated an authority (C) the heads of the elements referred to in fore reprogramming funds available under under paragraph (1) with respect to such ele- subparagraph (B), shall coordinate closely the Joint Military Intelligence Program or ment may exercise such authority with re- with the Deputy Director of Intelligence in the Tactical Intelligence and Related Activi- spect to such element to the same extent the development of the budgets of those ele- ties Program. that the Director of the Central Intelligence ments, before the submission of their rec- (5) The Director may not delegate a re- Agency may exercise such authority with re- ommendations to the Director for approval; sponsibility or authority of the Director spect to the Central Intelligence Agency. and under this subsection. (h) TERMINATION OF EMPLOYEES OF DEPART- (D) the budget of any element of the intel- (6) A reprogramming of funds or a transfer MENT.—(1) Notwithstanding any other provi- ligence community within the National For- of funds or personnel may be made under sion of law, the Director may, at the discre- eign Intelligence Program may not be pro- this subsection only if— tion of the Director, terminate the employ- vided to the President for transmission to (A) the funds or personnel are being repro- ment of any officer or employee of the De- Congress unless the Director has approved grammed or transferred, as the case may be, partment whenever the Director considers such budget. to an activity that is a higher priority intel- the termination of employment of such offi- (2)(A) In preparing and presenting an an- ligence activity; cer or employee necessary or advisable in nual budget under subsection (b)(1), the Di- (B) the need for funds or personnel for such the interests of the United States. rector shall develop the annual budget for activity is based on unforeseen require- (2) Any such termination of employment the elements of the intelligence community ments; and shall not affect the right of the officer or em- within the National Foreign Intelligence (C) in the case of a reprogramming of ployee terminated to seek or accept employ- Program. funds, the reprogramming of funds does not ment in any other department or agency of (B) If any portion of the budget for an ele- involve a reprogramming of funds to the Re- the United States Government if declared el- ment of the intelligence community is preserve for Contingencies of the Central Intel- igible for such employment by the Office of pared outside the Office of the Director of In- ligence Agency. Personnel Management. telligence, the Director— (7) Funds reprogrammed or transferred (i) COORDINATION WITH FOREIGN GOVERN- (i) shall approve such budget before sub- under this subsection shall remain available MENTS.—Under the direction of the National mission to the President; and for the same period as the account or sub- Security Council and in a manner consistent (ii) may require modifications of such account to which reprogrammed or trans- with section 207 of the Foreign Service Act budget to meet the requirements and prior- ferred, as the case may be. of 1980 (22 U.S.C. 3927), the Director shall co- ities of the Director before approving such (8)(A) Any reprogramming of funds under ordinate the relationships between elements budget under clause (i). this subsection shall be carried out in ac- of the intelligence community and the intel- (d) MANAGEMENT AND OVERSIGHT OF NA- cordance with existing procedures applicable ligence or security services of foreign gov- TIONAL FOREIGN INTELLIGENCE PROGRAM.—(1) to reprogramming notifications for the ap- ernments on all matters involving intel- The Director shall manage and oversee the propriate congressional committees. ligence related to the national security or execution by each element of the intel- (B) Any proposed reprogramming of funds involving intelligence acquired through clan- ligence community of any amounts appro- for which notice is given to the appropriate destine means. priated or otherwise made available to such congressional committees shall be accom- (j) STANDARDS AND QUALIFICATIONS FOR element under the National Foreign Intel- panied by a report explaining the nature of PERFORMANCE OF INTELLIGENCE ACTIVITIES.— ligence Program. the proposed reprogramming and how it sat- The Director shall develop standards and (2) Consistent with subsections (e) and (f), isfies the requirements of this subsection. qualifications for persons engaged in the per- the Director may modify the resource and (C) The congressional intelligence commit- formance of intelligence activities within personnel allocations of any element of the tees shall be promptly notified of any re- the intelligence community. intelligence community. programming of funds under this subsection (k) PERSONAL SERVICES.—The Director (e) JURISDICTION OF FUNDS UNDER NFIP.— in any case in which the reprogramming of may— Notwithstanding any other provision of law such funds would not have otherwise re- (1) procure the temporary or intermittent and consistent with section 504 of the Na- quired reprogramming notification under services of experts or consultants (or organi- tional Security Act of 1947 (50 U.S.C. 414), procedures in effect as of October 24, 1992. zations thereof) in accordance with section any amounts appropriated or otherwise made (9)(A) The Director shall promptly submit 3109 of title 5, United States Code; and available for the National Foreign Intel- to the congressional intelligence committees (2) whenever necessary due to a need re- ligence Program shall be considered to be ap- and, in the case of the transfer of personnel lated to intelligence functions of the Depart- propriated or otherwise made available to, to or from the Department of Defense, the ment, procure temporary (not to exceed 1 and under the direct jurisdiction, manage- Committee on Armed Services of the Senate year) or intermittent personal services, in- ment, and oversight of, the Director. and the Committee on Armed Services of the cluding the services of experts or consultants (f) REPROGRAMMING AND REALLOCATION OF House of Representatives, a report on any (or organizations thereof), without regard to FUNDS AND TRANSFER OF PERSONNEL UNDER transfer of personnel made pursuant to this the pay limitations of such section 3109. subsection. NFIP.—(1)(A) Consistent with section 504 of TITLE II—ELEMENTS OF DEPARTMENT OF (B) The Director shall include in any re- the National Security Act of 1947, the Direc- INTELLIGENCE tor of Intelligence may, with the approval of port under subparagraph (A) an explanation the Director of the Office of Management of the nature of the transfer concerned and Subtitle A—Central Intelligence Agency and Budget and in accordance with proce- how it satisfies the requirements of this sub- SEC. 201. CENTRAL INTELLIGENCE AGENCY. dures developed by the Director of Intel- section. (a) ELEMENT OF DEPARTMENT OF INTEL- ligence, reprogram funds appropriated or (g) DELEGATION OF CERTAIN ADMINISTRA- LIGENCE.—The Central Intelligence Agency is otherwise made available for a program TIVE AUTHORITIES.—(1) Notwithstanding any an element of the Department. within the National Foreign Intelligence other provision of law, the Director may del- (b) HEAD OF AGENCY.—The Director of the Program to another such program. egate to the head of any other element of the Central Intelligence Agency is the head of (B) Consistent with section 504 of the Na- intelligence community any authority of the the Central Intelligence Agency as provided tional Security Act of 1947, no funds appro- Director of the Central Intelligence Agency for in the National Security Act of 1947 (50 priated or otherwise made available under with respect to the Central Intelligence U.S.C. 401 et seq.), the Central Intelligence the National Foreign Intelligence Program Agency under a provision of the Central In- Agency Act of 1949 (50 U.S.C. 403a et seq.), may be reprogrammed by any element of the telligence Agency Act of 1949 as follows: and other applicable provisions of law. intelligence community without the prior (A) Section 3 (50 U.S.C. 403c), relating to (c) SUPERVISION AND CONTROL.—(1) The approval of the Director except in accord- procurement. Central Intelligence Agency shall be under ance with procedures issued by the Director. (B) Section 4 (50 U.S.C. 403e), relating to the supervision, direction, and control of the (2) Consistent with section 504 of the Na- travel allowances and related expenses. Director of Intelligence. tional Security Act of 1947, the Director may (C) Section 5 (50 U.S.C. 403f), relating to ad- (2) The Director of the Central Intelligence reallocate funds appropriated or otherwise ministration of funds. Agency shall report directly to the Director made available for a program within the Na- (D) Section 6 (50 U.S.C. 403g), relating to of Intelligence. tional Foreign Intelligence Program for exemptions from certain information disclo- SEC. 202. MISSION; POWER AND AUTHORITIES. other purposes under such program. sure requirements. (a) MISSION.—The Central Intelligence (3) Consistent with section 504 of the Na- (E) Section 8 (50 U.S.C. 403j), relating to Agency shall have the mission provided for tional Security Act of 1947, the Director availability of appropriations. the Agency under the National Security Act

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of 1947 (50 U.S.C. 401 et seq.) and the Central full availability and continued improvement (f) SUPPORT.—(1) The Director of the Fed- Intelligence Agency Act of 1949 (50 U.S.C. of imagery intelligence support for all- eral Bureau of Investigation shall, in coordi- 403a et seq.) and as otherwise provided by source analysis and production. nation with the Director of Intelligence, en- law or directed by the President. Subtitle D—National Reconnaissance Office sure that each element of the Department (b) POWER AND AUTHORITIES.—Except as SEC. 231. NATIONAL RECONNAISSANCE OFFICE. under subsection (a) is provided all adminis- otherwise provided by this Act, the Director (a) ELEMENT OF DEPARTMENT OF INTEL- trative resources necessary to perform its in- of the Central Intelligence Agency shall have LIGENCE.—The National Reconnaissance Of- telligence and intelligence-related functions. such powers and authorities as are provided fice is an element of the Department. the Director in the National Security Act of (2) The Attorney General shall ensure (b) HEAD OF OFFICE.—The Director of the 1947 and Central Intelligence Agency Act of through the Director of Intelligence that the National Reconnaissance Office is the head domestic intelligence operations of the ele- 1949 and as are otherwise provided by law or of the National Reconnaissance Office. ments of the Department under subsection directed by the President or the Director. (c) SUPERVISION AND CONTROL.—(1) The Na- Subtitle B—National Security Agency tional Reconnaissance Office shall be under (a), and any intelligence operations of such elements directed against United States per- SEC. 211. NATIONAL SECURITY AGENCY. the supervision, direction, and control of the sons, comply with the Constitution and all (a) ELEMENT OF DEPARTMENT OF INTEL- Director of Intelligence. laws, regulations, Executive orders, and im- LIGENCE.—The National Security Agency is (2) The Director of the National Reconnais- an element of the Department. sance Office shall report directly to the Di- plementing guidelines of the United States (b) HEAD OF AGENCY.—The Director of the rector of Intelligence. applicable to such operations. National Security Agency is the head of the SEC. 232. MISSION; POWER AND AUTHORITIES. SEC. 242. OFFICE OF CIVIL LIBERTIES AND PRI- National Security Agency. (a) MISSION.—The National Reconnaissance VACY. (c) SUPERVISION AND CONTROL.—(1) The Na- Office shall have the mission provided by law tional Security Agency shall be under the or as directed by the President. (a) OFFICE OF CIVIL LIBERTIES AND PRI- supervision, direction, and control of the Di- (b) POWER AND AUTHORITIES.—The National VACY.—There is within the Department an rector of Intelligence. Reconnaissance Office shall have such pow- Office of Civil Liberties and Privacy. (2) The Director of the National Security ers and authorities as are provided by law or (b) HEAD OF OFFICE.—The Assistant Direc- Agency shall report directly to the Director as directed by the President. tor of Intelligence for Civil Liberties and of Intelligence. Subtitle E—Other Offices Privacy is the head of the Office of Civil Lib- SEC. 212. MISSION; POWER AND AUTHORITIES. SEC. 241. INTELLIGENCE, COUNTERTERRORISM, erties and Privacy. (a) MISSION.—The National Security Agen- AND COUNTERINTELLIGENCE OF- (c) SUPERVISION.—The Assistant Director cy shall have the mission provided for the FICES. of Intelligence for Civil Liberties and Pri- Agency under the National Security Agency (a) ELEMENTS OF DEPARTMENT OF INTEL- vacy shall report directly to the Director. Act of 1959 (50 U.S.C. 402 note) or as other- LIGENCE.—Each element of the Federal Bu- wise provided by law or directed by the reau of Investigation specified in subsection (d) DUTIES RELATING TO CIVIL LIBERTIES.— President. (b) shall, after the date of the enactment of The Assistant Director of Intelligence for (b) POWER AND AUTHORITIES.—The Director this Act, be an element of the Department. Civil Liberties and Privacy shall, with re- of the National Security Agency shall have (b) SPECIFIED ELEMENTS.—The elements of spect to matters of the Department relating such powers and authorities as are provided the Federal Bureau of Investigation specified to civil liberties— the Director in the National Security Act of in this subsection are as follows: (1) assist the Director in ensuring that the 1959 or as are otherwise provided by law or (1) The Office of Intelligence. protection of civil rights and civil liberties is directed by the President. (2) The Counterterrorism Division per- appropriately incorporated in the policies Subtitle C—National Geospatial-Intelligence sonnel under the National Foreign Intel- and procedures developed for and imple- Agency ligence Program. mented by the Department; (3) The Counterintelligence Division per- (2) oversee compliance by the Department SEC. 221. NATIONAL GEOSPATIAL-INTELLIGENCE sonnel under the National Foreign Intel- AGENCY. with requirements under the Constitution ligence Program. and all laws, regulations, Executive orders, (a) ELEMENT OF DEPARTMENT OF INTEL- (c) SUPERVISION AND CONTROL.—(1) Each and implementing guidelines relating to LIGENCE.—The National Geospatial-Intel- element of the Department under subsection civil rights and civil liberties; ligence Agency is an element of the Depart- (a) shall be under the supervision, direction, ment. (3) review, investigate, and assess com- and control of the Director of Intelligence. plaints and other information indicating pos- (b) HEAD OF AGENCY.—(1) The Director of (2)(A) Each element of the Department sible abuses of civil rights or civil liberties the National Geospatial-Intelligence Agency under subsection (a) shall remain at all is the head of the National Geospatial-Intel- in the administration of the programs and times subject to applicable guidelines on in- operations of the Department unless, in the ligence Agency. vestigations of the Attorney General and the (2) If an officer of the Armed Forces on ac- determination of the Inspector General of Department of Justice in effect as of Sep- the Department of Intelligence, the review, tive duty is appointed to the position of Di- tember 1, 2004, and any successor guidelines rector of the National Geospatial-Intel- investigation, or assessment of a particular to such guidelines, particularly the provi- complaint or information can better be con- ligence Agency, the position shall be treated sions of such guidelines relating to inves- as having been designated by the President ducted by the Inspector General; tigations within the United States and inves- (4) issue guidance on civil liberties con- as a position of importance and responsi- tigations of United States persons. bility for purposes of section 601 of title 10, cerns with, or civil liberties objections to, (B) A copy of any guidelines covered by any policy or practice of the Department; United States Code, and shall carry the subparagraph (A) shall be made available to grade of lieutenant general, or, in the case of and congressional intelligence committees and (5) perform such other duties as may be an officer of the Navy, vice admiral. the public before their implementation or (c) SUPERVISION AND CONTROL.—(1) The Na- prescribed by the Director or specified by utilization by the elements of the Depart- law. tional Geospatial-Intelligence Agency shall ment under subsection (a). In making guide- be under the supervision, direction, and con- lines available to the public under this sub- (e) DUTIES RELATING TO PRIVACY.—The As- trol of the Director of Intelligence. paragraph, the Director of Intelligence may sistant Director of Intelligence for Civil Lib- (2) The Director of the National redact any portions of such guidelines that erties and Privacy shall, with respect to Geospatial-Intelligence Agency shall report are classified for reasons of national secu- matters of the Department relating to pri- directly to the Director of Intelligence. rity. vacy— SEC. 222. MISSION; POWER AND AUTHORITIES. (3) The Attorney General shall review, and (1) assure that the use of technologies sus- (a) MISSION.—The National Geospatial-In- approve prior to execution, the tasking of, or tain, and do not erode, privacy protections telligence Agency shall have the mission requests for, domestic collection against relating to the use, collection, and disclosure provided for the Agency under subtitle B of United States persons, collection against of personal information; title III or as otherwise provided by law or United States persons, domestic intelligence (2) assure that personal information con- directed by the President. operations, and assignment of operational tained in Privacy Act systems of records is (b) POWER AND AUTHORITIES.—The Director responsibilities by the Administrator of the handled in full compliance with fair informa- of the National Geospatial-Intelligence National Counterterrorism Center. tion practices as set out in the Privacy Act Agency shall have such powers and authori- (d) MISSION.—Each element of the Depart- of 1974; ties as are provided the Agency under sub- ment under subsection (a) shall have the (3) conduct a privacy impact assessment of title B of title III or as otherwise provided by mission provided for such element by law or proposed rules of the Department or that of law or directed by the President. as directed by the President. the Department on the privacy of personal (c) AVAILABILITY AND CONTINUED IMPROVE- (e) POWER AND AUTHORITIES.—Each ele- information, including the type of personal MENT OF IMAGERY INTELLIGENCE SUPPORT TO ment of the Department under subsection (a) information collected and the number of peo- ALL-SOURCE ANALYSIS AND PRODUCTION shall have such powers and authorities as are ple affected; and FUNCTION.—The Director of Intelligence provided such element by law or as directed (4) conduct privacy impact assessments shall take all necessary steps to ensure the by the President. when appropriate or as required by law.

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(a) SENSE OF CONGRESS.—It is the sense of ‘‘(B) The Assistant Secretary of State for ‘‘(d) REVIEW OF NSA, NGA, AND NRO.—(1) Congress that the President should, for each Intelligence and Research. Subsections (a), (b), and (c) shall apply to the fiscal year after fiscal year 2005, make avail- ‘‘(C) The Director of the Defense Intel- National Security Agency, the National able to the public the information described ligence Agency. Geospatial-Intelligence Agency, and the Na- in subsection (b) unless the President cer- ‘‘(D) The Assistant Secretary for Intel- tional Reconnaissance Office, but only with tifies that public disclosure of such informa- ligence and Analysis of the Department of respect to combat support functions that tion would cause damage to the national se- the Treasury. such agencies perform for the Department of curity of the United States. ‘‘(E) The Assistant Secretary for Terrorist Defense. (b) COVERED INFORMATION.—The informa- Financing of the Department of the Treas- ‘‘(2) The Secretary of Defense shall, in co- tion described in this subsection is as fol- ury. ordination with the Director of Intelligence, lows: ‘‘(F) The Director of the Office of Intel- establish policies and procedures with re- (1) The aggregate amount of appropriations ligence of the Department of Energy. spect to the application of subsections (a), requested in the budget of the President for ‘‘(G) The Director of the Office of Counter- (b), and (c) to the National Security Agency, the fiscal year concerned for the intelligence intelligence of the Department of Energy.’’. the National Geospatial-Intelligence Agency, and intelligence-related activities of the SEC. 304. COLLECTION TASKING AUTHORITY. and the National Reconnaissance Office. United States Government. Section 111 of the National Security Act of ‘‘(e) COMBAT SUPPORT CAPABILITIES OF DIA, (2) The aggregate amount of funds author- 1947 (50 U.S.C. 404f) is amended by striking NSA, NGA, AND NRO.—The Director of Intel- ized to be appropriated, and the aggregate ‘‘(except as otherwise agreed by the Director ligence shall develop and implement such amount of funds appropriated, by Congress and the Secretary of Defense)’’. policies and programs as the Director deter- for the fiscal year concerned for the intel- SEC. 305. OVERSIGHT OF COMBAT SUPPORT mines necessary to correct such deficiencies ligence and intelligence-related activities of AGENCIES OF THE INTELLIGENCE as the Chairman of the Joint Chiefs of Staff the United States Government. COMMUNITY. and other officials of the Department of De- SEC. 302. COORDINATION BETWEEN DIRECTOR (a) OVERSIGHT.—(1) Chapter 8 of title 10, fense may identify in the capabilities of the OF INTELLIGENCE AND SECRETARY United States Code, is amended by inserting Defense Intelligence Agency, the National OF DEFENSE IN PERFORMANCE OF after section 193 the following new section: Security Agency, the National Geospatial- SPECIFIC FUNCTIONS PERTAINING ‘‘§ 193a. Combat support agencies of the intel- Intelligence Agency, and the National Re- TO NATIONAL FOREIGN INTEL- ligence community: oversight connaissance Office to accomplish assigned LIGENCE PROGRAM. missions in support of military combat oper- ‘‘(a) COMBAT READINESS.—(1) Every two Section 105(b) of the National Security Act ations. years (or sooner, if approved by the Director of 1947 (50 U.S.C. 403–5(b)) is amended— ‘‘(f) COMBAT SUPPORT AGENCY OF THE IN- of Intelligence), the Chairman of the Joint (1) in the matter preceding paragraph (1), TELLIGENCE COMMUNITY DEFINED.—In this Chiefs of Staff shall, in consultation with the by striking ‘‘Consistent with sections 103 and section, the term ‘combat support agency of Secretary of Defense, submit to the Director 104, the Secretary of Defense shall’’ and in- the intelligence community’ means any of of Intelligence a report on the combat sup- serting ‘‘Consistent with sections 132 and 133 the following agencies: port agencies of the intelligence community. of the Intelligence Reformation Act of 2004, ‘‘(1) The National Security Agency. Each report shall include— the Secretary of Defense shall, in coordina- ‘‘(2) The Defense Intelligence Agency. ‘‘(A) a determination with respect to the tion with the Director of Intelligence’’; and ‘‘(3) The National Geospatial-Intelligence responsiveness and readiness of each such (2) in paragraph (2)(D), by striking ‘‘not- Agency. agency to support operating forces in the withstanding any other provision of law,’’. ‘‘(4) The National Reconnaissance Office.’’. event of a war or threat to national security; SEC. 303. ROLE OF DIRECTOR OF INTELLIGENCE (2) The table of sections at the beginning of and IN CERTAIN RECOMMENDATIONS TO subchapter I of chapter 8 of such title is ‘‘(B) any recommendations that the Chair- THE PRESIDENT ON APPOINTMENTS amended by inserting after the item relating TO INTELLIGENCE COMMUNITY. man considers appropriate. to section 193 the following new item: The text of section 106 of the National Se- ‘‘(2) In preparing each report, the Chair- curity Act of 1947 (50 U.S.C. 403–6) is amended man shall review the plans of each combat ‘‘193a. Combat support agencies of the intel- to read as follows: support agency of the intelligence commu- ligence community: over- ‘‘(a) RECOMMENDATIONS OF DIRECTOR OF IN- nity with respect to its support of operating sight.’’. TELLIGENCE IN CERTAIN APPOINTMENTS.—(1) forces in the event of a war or threat to na- (b) CONFORMING AMENDMENT.—Section In the event of a vacancy in a position re- tional security. After consultation with the 193(f) of such title is amended— ferred to in paragraph (2), the Director of In- Secretaries of the military departments and (1) by striking paragraphs (2) and (4); and telligence shall recommend to the President the commanders of the unified and specified (2) by redesignating paragraphs (3) and (5) an individual for appointment to the posi- combatant commands, as appropriate, the as paragraphs (2) and (3), respectively. tion. Chairman may, with the approval of the Sec- SEC. 306. IMPROVEMENT OF INTELLIGENCE CA- ‘‘(2) Paragraph (1) applies to the following retary of Defense, provide the Director of In- PABILITIES OF THE FEDERAL BU- positions: telligence any recommendations for modi- REAU OF INVESTIGATION. ‘‘(A) The Deputy Director of Intelligence. fications of such plans that the Chairman (a) FINDINGS.—Congress makes the fol- ‘‘(B) The Director of the Central Intel- considers appropriate. lowing findings: ligence Agency. ‘‘(b) PARTICIPATION IN JOINT TRAINING EX- (1) The National Commission on Terrorist ‘‘(C) The Director of the National Security ERCISES.—The Chairman shall, with the co- Attacks Upon the United States in its final Agency. operation of the Director of Intelligence— report stated that the Federal Bureau of In- ‘‘(D) The Director of the National ‘‘(1) provide for the participation of the vestigation, under the current Director of Geospatial-Intelligence Agency. combat support agencies of the intelligence the Federal Bureau of Investigation, has ‘‘(E) The Director of the National Recon- community in joint training exercises to the made significant progress in improving its naissance Office. extent necessary to ensure that such agen- intelligence capabilities. ‘‘(F) The Administrator of the National cies are capable of performing their support (2) In the report, the members of the Com- Counterterrorism Center. missions with respect to a war or threat to mission also urged that the Federal Bureau ‘‘(b) CONCURRENCE OF DIRECTOR OF INTEL- national security; and of Investigation fully institutionalize the LIGENCE IN CERTAIN APPOINTMENTS.—(1) In ‘‘(2) assess the performance in joint train- shift of the Bureau to a preventive counter- the event of a vacancy in a position referred ing exercises of each combat support agency terrorism posture. to in paragraph (2), the head of the depart- of the intelligence community and, in ac- (b) NATIONAL SECURITY WORKFORCE.—(1) ment or agency having jurisdiction over the cordance with guidelines established by the The Director of the Federal Bureau of Inves- position shall obtain the concurrence of the Secretary of Defense, take steps to provide tigation shall continue efforts to develop and Director of Intelligence before recom- the Director of Intelligence recommenda- maintain within the Federal Bureau of In- mending to the President an individual for tions for any change that the Chairman con- vestigation a national security workforce. appointment to the position. If the Director siders appropriate to improve that perform- (2) In a developing and maintaining a na- does not concur in the recommendation, the ance. tional security workforce under paragraph head of the department or agency having ju- ‘‘(c) READINESS REPORTING SYSTEM.—The (1), the Director of the Federal Bureau of In- risdiction over the position may make the Chairman shall develop, in consultation with vestigation shall, subject to the direction recommendation to the President without the director of each combat support agency and control of the President, develop and the Director’s concurrence, but shall include of the intelligence community, a uniform maintain a specialized and integrated na- in the recommendation a statement that the system for reporting to the Secretary of De- tional security workforce who are recruited,

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trained, rewarded in a manner which ensures (b) NAVIGATION INFORMATION.—The Na- from data furnished by the National the existence within the Bureau of an insti- tional Geospatial-Intelligence Agency shall Geospatial-Intelligence Agency of the De- tutional culture with substantial expertise improve means of navigating vessels of the partment of Intelligence and by the Depart- in, and commitment to, the intelligence and Navy and the merchant marine by providing, ment of Commerce, and published at the Na- national security missions of the Bureau. under the authority of the Director of Intel- tional Geospatial-Intelligence Agency under (3) Each agent employed by the Bureau ligence, accurate and inexpensive nautical the authority of the Director of Intel- after the date of the enactment of this Act charts, sailing directions, books on naviga- ligence’’. shall receive basic training in both criminal tion, and manuals of instructions for the use (b) INFORMATION FROM DEPARTMENT OF justice matters and national security mat- of all vessels of the United States and of COMMERCE.—The Secretary of Commerce ters. navigators generally. shall furnish to the National Geospatial-In- (4) Each agent employed by the Bureau (c) MAPS, CHARTS, ETC.—The National telligence Agency, as quickly as possible, all after the date of the enactment of this Act Geospatial-Intelligence Agency shall prepare meteorological information received by the shall, to the maximum extent practicable, be and distribute maps, charts, books, and geo- Secretary of Commerce that is necessary for, given the opportunity to undergo, during detic products as authorized under part II of and of the character used in, preparing pilot such agent’s early service with the Bureau, this subtitle. charts. meaningful assignments in criminal justice (d) NATIONAL MISSIONS.—The National SEC. 323. SALE OF MAPS, CHARTS, AND NAVIGA- matters and in national security matters. Geospatial-Intelligence Agency also has na- TIONAL PUBLICATIONS. (5) The Director of the Federal Bureau of tional missions as specified in section 110(a) (a) PRICES.—All maps, charts, and other Investigation shall carry out a program to of the National Security Act of 1947 (50 publications offered for sale by the National enhance the capacity of the Bureau to re- U.S.C. 404e(a)). Geospatial-Intelligence Agency shall be sold cruit and retain individuals with back- (e) SYSTEMS.—The National Geospatial-In- at prices and under regulations that may be grounds in intelligence, international rela- telligence Agency may, in furtherance of a prescribed by the Director Intelligence. (b) USE OF PROCEEDS TO PAY FOREIGN LI- tions, language, technology, and other skills mission of the Agency, design, develop, de- CENSING FEES.—(1) The Director of Intel- relevant to the intelligence and national se- ploy, operate, and maintain systems related ligence may pay any NGA foreign data ac- curity missions of the Bureau. to the processing and dissemination of im- quisition fee out of the proceeds of the sale (6) Commencing as soon as practicable agery intelligence and geospatial informa- of maps, charts, and other publications of after the date of the enactment of this Act, tion that may be transferred to, accepted or the Agency, and those proceeds are hereby each senior manager of the Bureau shall be a used by, or used on behalf of— made available for that purpose. certified intelligence officer. (1) the Armed Forces, including any com- (2) In this subsection, the term ‘‘NGA for- (7) It is the sense of Congress that the suc- batant command, component of a combatant eign data acquisition fee’’ means any licens- cessful discharge of advanced training command, joint task force, or tactical unit; ing or other fee imposed by a foreign country courses, and of one or more assignments to or or international organization for the acquisi- another element of the intelligence commu- (2) any other department or agency of the tion or use of data or products by the Na- nity, should be a precondition to advance- United States. tional Geospatial-Intelligence Agency. ment to higher level national security as- SEC. 312. SUPPORT FOR FOREIGN COUNTRIES ON SEC. 324. EXCHANGE OF MAPPING, CHARTING, signments within the Bureau. IMAGERY INTELLIGENCE AND AND GEODETIC DATA WITH FOR- (c) FIELD OFFICE MATTERS.—(1) The Direc- GEOSPATIAL INFORMATION. EIGN COUNTRIES AND INTER- tor of the Federal Bureau of Investigation (a) USE OF APPROPRIATED FUNDS.—The Di- NATIONAL ORGANIZATIONS. shall ensure that each field office of the Fed- rector of the National Geospatial-Intel- The Director of Intelligence may authorize eral Bureau of Investigation has an official ligence Agency may use appropriated funds the National Geospatial-Intelligence Agency at the deputy level or higher with responsi- available to the National Geospatial-Intel- to exchange or furnish mapping, charting, bility for national security matters. ligence Agency to provide foreign countries and geodetic data, supplies and services to a (2) The Director of the Federal Bureau of with imagery intelligence and geospatial in- foreign country or international organiza- Investigation shall provide for such expan- formation support. tion pursuant to an agreement for the pro- sion of the secure facilities in the field of- (b) USE OF FUNDS OTHER THAN APPRO- duction or exchange of such data. fices of the Bureau as is necessary to ensure PRIATED FUNDS.—The Director of the Na- SEC. 325. PUBLIC AVAILABILITY OF MAPS, the discharge by the field offices of the intel- tional Geospatial-Intelligence Agency may CHARTS, AND GEODETIC DATA. ligence and national security missions of the use funds other than appropriated funds to (a) SALE OF MAPS AND CHARTS.—The Na- Bureau. provide foreign countries with imagery intel- tional Geospatial-Intelligence Agency shall (d) REPORTS.—(1) Not later than 180 days ligence and geospatial information support, offer for sale maps and charts at scales of after the date of the enactment of this Act, notwithstanding provisions of law relating 1:500,000 and smaller, except those withheld the Director of the Federal Bureau of Inves- to the expenditure of funds of the United in accordance with subsection (b) or those tigation shall submit to Congress a report on States, except that— specifically authorized under criteria estab- the progress made as of the date of such re- (1) no such funds may be expended, in lished by Executive order to be kept secret port in carrying out the requirements of this whole or in part, by or for the benefit of the in the interest of national defense or foreign section. National Geospatial-Intelligence Agency for policy and in fact properly classified pursu- (2) The Director of the Federal Bureau of a purpose for which Congress had previously ant to such Executive order. Investigation shall include in each semi- denied funds; (b) EXCEPTION.—(1) Notwithstanding any annual program review of the Bureau that is (2) proceeds from the sale of imagery intel- other provision of law, the Director of Intel- submitted to Congress a report on the ligence or geospatial information items may ligence may withhold from public disclosure progress made by each field office of the Bu- be used only to purchase replacement items any geodetic product in the possession of, or reau during the period covered by such re- similar to the items that are sold; and under the control of, the Department of In- view in addressing Bureau and national pro- (3) the authority provided by this sub- telligence— gram priorities. section may not be used to acquire items or (A) that was obtained or produced, or that (3) Not later than 180 days after the date of services for the principal benefit of the contains information that was provided, pur- the enactment of this Act and every six United States. suant to an international agreement that re- months thereafter, the Director of the Fed- (c) ACCOMMODATION PROCUREMENTS.—The stricts disclosure of such product or informa- eral Bureau of Investigation shall submit to authority under this section may be exer- tion to government officials of the agreeing Congress a report on the progress of the Bu- cised to conduct accommodation procure- parties or that restricts use of such product reau in implementing information-sharing ments on behalf of foreign countries. or information to Government purposes only; principles. PART II—MAPS, CHARTS, AND GEODETIC (B) that contains information that the Di- Subtitle B—Restatement of Authorities on PRODUCTS rector of Intelligence has determined in National Geospatial-Intelligence Agency SEC. 321. MAPS, CHARTS, AND BOOKS. writing would, if disclosed, reveal sources PART I—MISSIONS The Director of Intelligence may— and methods, or capabilities, used to obtain SEC. 311. MISSIONS. (1) have the National Geospatial-Intel- source material for production of the geo- (a) NATIONAL SECURITY MISSIONS.—(1) The ligence Agency prepare maps, charts, and detic product; or National Geospatial-Intelligence Agency nautical books required in navigation and (C) that contains information that the Di- shall, in support of the national security ob- have those materials published and furnished rector of the National Geospatial-Intel- jectives of the United States, provide to navigators; and ligence Agency has determined in writing geospatial intelligence consisting of the fol- (2) buy the plates and copyrights of exist- would, if disclosed, jeopardize or interfere lowing: ing maps, charts, books on navigation, and with ongoing military or intelligence oper- (A) Imagery. sailing directions and instructions. ations, reveal military operational or con- (B) Imagery intelligence. SEC. 322. PILOT CHARTS. tingency plans, or reveal, jeopardize, or com- (C) Geospatial information. (a) NOTICE ON PREPARATION BY AGENCY.— promise military or intelligence capabilities. (2) Geospatial intelligence provided in car- There shall be conspicuously printed on pilot (2) In this subsection, the term ‘‘geodetic rying out paragraph (1) shall be timely, rel- charts prepared in the National Geospatial- product’’ means imagery, imagery intel- evant, and accurate. Intelligence Agency the following: ‘‘Prepared ligence, or geospatial information.

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(c) REGULATIONS.—(1) Regulations to im- that position and that the performance of ‘‘CENTRAL INTELLIGENCE AGENCY plement this section (including any amend- the newly assigned duties directly affects the ‘‘SEC. 102. (a) IN GENERAL.—There is a Cen- ments to such regulations) shall be published national security of the United States, then, tral Intelligence Agency. in the Federal Register for public comment upon such a modification of the responsibil- ‘‘(b) FUNCTION.—The function of the Agen- for a period of not less than 30 days before ities of that position, the position shall cease cy shall be to assist the Director of the Cen- they take effect. to be covered by the collective bargaining tral Intelligence Agency in carrying out the (2) Regulations under this section shall ad- unit and the employee in that position shall responsibilities of the Director under section dress the conditions under which release of cease to be entitled to representation by a 103. geodetic products authorized under sub- labor organization accorded exclusive rec- ‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE section (b) to be withheld from public disclo- ognition for that collective bargaining unit. AGENCY sure would be appropriate— (2) A determination described in paragraph ‘‘SEC. 103. (a) DIRECTOR OF CENTRAL INTEL- (A) in the case of allies of the United (1) that is made by the Director of the Na- LIGENCE AGENCY.—There is a Director of the States; and tional Geospatial-Intelligence Agency may Central Intelligence Agency who shall be ap- (B) in the case of qualified United States not be reviewed by the Federal Labor Rela- pointed by the President, by and with the ad- contractors (including contractors that are tions Authority or any court of the United vice and consent of the Senate. small business concerns) who need such prod- States. ucts for use in the performance of contracts ‘‘(b) HEAD OF CENTRAL INTELLIGENCE AGEN- SEC. 332. FINANCIAL ASSISTANCE TO CERTAIN with the United States. CY.—The Director of the Central Intelligence EMPLOYEES IN ACQUISITION OF Agency shall be the head of the Central In- SEC. 326. CIVIL ACTIONS BARRED. CRITICAL SKILLS. telligence Agency. (a) CLAIMS BARRED.—No civil action may The Director of Intelligence may establish ‘‘(c) PROHIBITION ON SIMULTANEOUS SERVICE be brought against the United States on the an undergraduate training program with re- AS DIRECTOR OF INTELLIGENCE.—The indi- basis of the content of a navigational aid spect to civilian employees of the National vidual serving in the position of Director of prepared or disseminated by the National Geospatial-Intelligence Agency that is simi- the Central Intelligence Agency shall not, Geospatial-Intelligence Agency. lar in purpose, conditions, content, and ad- while so serving, also serve as the Director of (b) NAVIGATIONAL AIDS COVERED.—Sub- ministration to the program established by Intelligence. section (a) applies with respect to a naviga- the Secretary of Defense under section 16 of ‘‘(d) GENERAL RESPONSIBILITIES.—As head tional aid in the form of a map, a chart, or the National Security Agency Act of 1959 (50 of the Central Intelligence Agency, the Di- a publication and any other form or medium U.S.C. 402 note) for civilian employees of the rector of the Central Intelligence Agency of product or information in which the Na- National Security Agency. shall— tional Geospatial-Intelligence Agency pre- ‘‘(1) provide capabilities for the collection pares or disseminates navigational aids. PART IV—DEFINITIONS of intelligence through human sources and SEC. 327. TREATMENT OF CERTAIN OPER- SEC. 341. DEFINITIONS. by other appropriate means and provide for ATIONAL FILES. In this subtitle: the analysis of such intelligence, except that (a) AUTHORITY.—The Director of Intel- (1) IMAGERY.—(A) The term ‘‘imagery’’ the Agency shall have no police, subpoena, ligence may withhold from public disclosure means, except as provided in subparagraph or law enforcement powers or internal secu- operational files described in subsection (b) (B), a likeness or presentation of any natural rity functions; to the same extent that operational files or manmade feature or related object or ac- ‘‘(2) correlate, evaluate, and analyze intel- may be withheld under section 701 of the Na- tivity and the positional data acquired at ligence related to the national security and tional Security Act of 1947 (50 U.S.C. 431). the same time the likeness or representation provide appropriate dissemination of such (b) COVERED OPERATIONAL FILES.—The au- was acquired, including— intelligence; thority under subsection (a) applies to oper- (i) products produced by space-based na- ational files in the possession of the National ‘‘(3) perform such additional services as are tional intelligence reconnaissance systems; of common concern to the elements of the Geospatial-Intelligence Agency that— and (1) as of September 22, 1996, were main- intelligence community, which services the (ii) likenesses or presentations produced by Director of Intelligence determines can be tained by the National Photographic Inter- satellites, airborne platforms, unmanned pretation Center; or more efficiently accomplished by the Agen- aerial vehicles, or other similar means. cy; (2) concern the activities of the Agency (B) Such term does not include handheld or that, as of such date, were performed by the ‘‘(4) notwithstanding any other provision clandestine photography taken by or on be- of law, report directly to the Director of In- National Photographic Interpretation Cen- half of human intelligence collection organi- ter. telligence concerning all functions and du- zations. ties of the Agency; and (c) OPERATIONAL FILES DEFINED.—In this (2) IMAGERY INTELLIGENCE.—The term ‘‘im- ‘‘(5) perform such other functions and du- section, the term ‘‘operational files’’ has the agery intelligence’’ means the technical, ge- meaning given that term in section 701(b) of ties concerning intelligence related to the ographic, and intelligence information de- national security as the Director of Intel- the National Security Act of 1947 (50 U.S.C. rived through the interpretation or analysis 431(b)). ligence shall prescribe.’’. of imagery and collateral materials. (b) CLERICAL AMENDMENT.—The table of PART III—PERSONNEL MANAGEMENT (3) GEOSPATIAL INFORMATION.—The term contents for such Act is amended by striking SEC. 331. MANAGEMENT RIGHTS. ‘‘geospatial information’’ means information the items relating to sections 102 through 104 (a) SCOPE.—If there is no obligation under that identifies the geographic location and and inserting the following new items: characteristics of natural or constructed fea- the provisions of chapter 71 of title 5, United ‘‘Sec. 102. Central Intelligence Agency. tures and boundaries on the earth and in- States Code, for the head of an agency of the ‘‘Sec. 103. Director of the Central Intel- cludes— United States to consult or negotiate with a ligence Agency.’’. labor organization on a particular matter by (A) statistical data and information derived from, among other things, remote sens- SEC. 402. OTHER CONFORMING MODIFICATIONS reason of that matter being covered by a pro- OF LAW RELATING TO MISSIONS, RE- vision of law or a Governmentwide regula- ing, mapping, and surveying technologies; SPONSIBILITIES, AND AUTHORITIES tion, the Director of the National and OF DIRECTOR OF INTELLIGENCE Geospatial-Intelligence Agency is not obli- (B) mapping, charting, geodetic data, and AND DIRECTOR OF CENTRAL INTEL- gated to consult or negotiate with a labor or- related products. LIGENCE AGENCY. ganization on that matter even if that provi- (4) GEOSPATIAL INTELLIGENCE.—The term (a) NATIONAL SECURITY ACT OF 1947.—(1) sion of law or regulation is inapplicable to ‘‘geospatial intelligence’’ means the exploi- The National Security Act of 1947 (50 U.S.C. the National Geospatial-Intelligence Agency. tation and analysis of imagery and 401 et seq.) is amended by striking ‘‘Director (b) BARGAINING UNITS.—The Director of the geospatial information to describe, assess, of Central Intelligence’’ and inserting ‘‘Di- National Geospatial-Intelligence Agency and visually depict physical features and rector of Intelligence’’ each place it appears shall accord exclusive recognition to a labor geographically referenced activities on the in the following provisions: organization under section 7111 of title 5, earth. Geospatial intelligence consists of im- (A) Section 3(4)(J) (50 U.S.C. 401a(4)(J)). United States Code, only for a bargaining agery, imagery intelligence, and geospatial (B) Section 3(5)(B) (50 U.S.C. 401a(5)(B)). unit that was recognized as appropriate for information. (C) Section 3(6) (50 U.S.C. 401a(6)). the Defense Mapping Agency on September TITLE IV—TRANSITION MATTERS (D) Section 101(h)(2)(A) (50 U.S.C. 30, 1996. 402(h)(2)(A)). (c) TERMINATION OF BARGAINING UNIT COV- Subtitle A—Modification of Authorities on (E) Section 101(h)(5) (50 U.S.C. 402(h)(5)). ERAGE OF POSITION MODIFIED TO AFFECT NA- Elements of Intelligence Community (F) Section 101(i)(2)(A) (50 U.S.C. TIONAL SECURITY DIRECTLY.—(1) If the Direc- SEC. 401. CONFORMING MODIFICATION OF AU- 402(i)(2)(A)). tor of the National Geospatial-Intelligence THORITIES ON CENTRAL INTEL- (G) Section 101(j) (50 U.S.C. 402(j)), both Agency determines that the responsibilities LIGENCE AGENCY. places it appears. of a position within a collective bargaining (a) IN GENERAL.—Title I of the National Se- (H) Section 105(a) (50 U.S.C. 403–5(a)). unit should be modified to include intel- curity Act of 1947 (50 U.S.C. 402 et seq.) is (I) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). ligence, counterintelligence, investigative, amended by striking sections 102 through 104 (J) Section 105(b)(6)(A) (50 U.S.C. 403– or security duties not previously assigned to and inserting the following new sections: 5(b)(6)(A)).

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(K) Section 105(d) (50 U.S.C. 403–5(d)). (4) That Act is further amended by striking ‘‘SEC. 2. (a) The National Security Agency (L) Section 105B(a)(1) (50 U.S.C. 403– ‘‘Director of Central Intelligence’’ each place is an element of the Department of Intel- 5b(a)(1)). it appears in the following provisions and in- ligence. (M) Section 105B(a)(2) (50 U.S.C. 403– serting ‘‘Director of the Central Intelligence ‘‘(b) The National Security Agency is an 5b(a)(2)). Agency’’: element of the intelligence community (N) Section 105B(b) (50 U.S.C. 403–5b(b)), (A) Section 14(b) (50 U.S.C. 403n(b)). under the National Security Act of 1947 (50 both places it appears. (B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)). U.S.C. 401 et seq.). (O) Section 110(b) (50 U.S.C. 404e(b)). (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), ‘‘SEC. 3. (a) The Director of the National (P) Section 110(c) (50 U.S.C. 404e(c)). both places it appears. Security Agency is the head of the National (Q) Section 111 (50 U.S.C. 404f). (D) Section 21(h)(1) (50 U.S.C. 403u(h)(1)). Security Agency. (R) Section 112(a)(1) (50 U.S.C. 404g(a)(1)). (E) Section 21(h)(2) (50 U.S.C. 403u(h)(2)). ‘‘(b) The Director of the National Security (S) Section 112(d)(1) (50 U.S.C. 404g(d)(1)). (5) That Act is further amended by striking Agency is subject to the direction and con- (T) Section 113(b)(2)(A) (50 U.S.C. ‘‘of Central Intelligence’’ in each of the fol- trol of the Director of Intelligence. 404h(b)(2)(A)). lowing provisions: (U) Section 113(c) (50 U.S.C. 404h(c)). (A) Section 16(c)(1)(B) (50 U.S.C. ‘‘(c) The Director of the National Security Agency shall report directly to the Director (V) Section 114(a)(1) (50 U.S.C. 404i(a)(1)). 403p(c)(1)(B)). of Intelligence on matters relating to the (W) Section 114(b)(1) (50 U.S.C. 404i(b)(1)). (B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)). National Security Agency.’’; (X) Section 115(a)(1) (50 U.S.C. 404j(a)(1)). (C) Section 20(c) (50 U.S.C. 403t(c)). (2) by striking ‘‘Secretary of Defense’’ each (Y) Section 115(b) (50 U.S.C. 404j(b)). (c) CENTRAL INTELLIGENCE AGENCY RETIRE- place it appears (other than the second place (Z) Section 115(c)(1)(B) (50 U.S.C. MENT ACT.—(1) Section 101 of the Central In- 404j(c)(1)(B)). telligence Agency Retirement Act (50 U.S.C. it appears in section 9(b), section 9(d), and (AA) Section 116(a) (50 U.S.C. 404k(a)). 2001) is amended by striking paragraph (2) section 10(c)(1)) and inserting ‘‘Director of (BB) Section 116(b) (50 U.S.C. 404k(b)). and inserting the following new paragraph Intelligence’’; and (CC) Section 117(a)(1) (50 U.S.C. 404l(a)(1)). (2): (3) in section 9(d), by striking ‘‘Secretary (DD) Section 303(a) (50 U.S.C. 405(a)), both ‘‘(2) DIRECTOR.—The term ‘Director’ means of Defense shall’’ and inserting ‘‘Director of places it appears. the Director of the Central Intelligence Intelligence and the Secretary of Defense (EE) Section 501(d) (50 U.S.C. 413(d)). Agency.’’. shall jointly’’. (FF) Section 502(a) (50 U.S.C. 413a(a)). (2) Section 201(c) of that Act (50 U.S.C. SEC. 405. INCLUSION OF DEPARTMENT OF INTEL- (GG) Section 502(c) (50 U.S.C. 413a(c)). 2011) is amended by striking ‘‘paragraph (6) LIGENCE IN INTELLIGENCE COMMU- (HH) Section 503(b) (50 U.S.C. 413b(b)). of section 103(c) of the National Security Act NITY. (II) Section 504(d)(2) (50 U.S.C. 414(d)(2)). of 1947 (50 U.S.C. 403–3(c)) that the Director Subparagraph (A) of section 3(4) of the Na- (JJ) Section 603(a) (50 U.S.C. 423(a)). of Central Intelligence’’ and inserting ‘‘sec- tional Security Act of 1947 (50 U.S.C. 401a(4)) (KK) Section 702(a)(6)(B)(viii) (50 U.S.C. tion 103(b)(7) of the National Security Act of is amended to read as follows: 432(a)(6)(B)(viii)). 1947 that the Director of Intelligence’’. ‘‘(A) the Department of Intelligence, which (LL) Section 702(b) (50 U.S.C. 432(b)), both (d) CIA VOLUNTARY SEPARATION PAY ACT.— shall include the Office of the Director of In- places it appears. Subsection (a)(1) of section 2 of the Central telligence, the National Intelligence Council, (2) That Act is amended further amended Intelligence Agency Voluntary Separation and such other offices as the Director of In- by striking ‘‘Director of Central Intel- Pay Act (50 U.S.C. 2001 note) is amended to telligence may designate;’’. ligence’’ and inserting ‘‘Director of the Cen- read as follows: ‘‘(1) the term ‘Director’ means the Director SEC. 406. REPEAL OF SUPERSEDED AUTHORITIES tral Intelligence Agency’’ each place it ap- ON NATIONAL GEOSPATIAL-INTEL- pears in the following provisions: of the Central Intelligence Agency;’’. LIGENCE AGENCY. (A) Section 504(a)(2) (50 U.S.C. 414(a)(2)). (e) FOREIGN INTELLIGENCE SURVEILLANCE (a) REPEAL.—Chapter 22 of title 10, United ACT OF 1978.—(1) The Foreign Intelligence (B) Section 504(a)(3)(C) (50 U.S.C. States Code, is repealed. 414(a)(3)(C)). Surveillance Act of 1978 (50 U.S.C. 1801 et (b) CONFORMING AMENDMENTS.—The table (C) Section 701(a) (50 U.S.C. 431(a)). seq.) is amended by striking ‘‘Director of of chapters at the beginning of subtitle A, (D) Section 702(a) (50 U.S.C. 432(a)). Central Intelligence’’ each place it appears (3) Section 701(c)(3) of that Act (50 U.S.C. and inserting ‘‘Director of Intelligence’’. and part I of subtitle A, of such title are 431(c)(3)) is amended by striking ‘‘or the Of- (f) CLASSIFIED INFORMATION PROCEDURES each amended by striking the item relating fice of the Director of Central Intelligence’’ ACT.—Section 9(a) of the Classified Informa- to chapter 22. and inserting ‘‘the Office of the Director of tion Procedures Act (5 U.S.C. App.) is amend- SEC. 407. OTHER CONFORMING AMENDMENT. Intelligence, or the Office of the Director of ed by striking ‘‘Director of Central Intel- Section 110(a) of the National Security Act the Central Intelligence Agency’’. ligence’’ and inserting ‘‘Director of Intel- of 1947 is amended by striking ‘‘section 442 of (4)(A) The heading for section 114 of that ligence’’. title 10, United States Code,’’ and inserting Act (50 U.S.C. 404i) is amended to read as fol- SEC. 403. CONFORMING MODIFICATION OF AU- lows: ‘‘section 232 of the Intelligence Reformation THORITIES ON CERTAIN CENTRAL Act of 2004’’. ‘‘ADDITIONAL ANNUAL REPORTS FROM THE INTELLIGENCE AGENCY OFFICERS. DIRECTOR OF INTELLIGENCE’’. (a) INSPECTOR GENERAL ACT OF 1978.—Sec- Subtitle B—Other Transition Matters (B) The table of contents for that Act is tion 8H(a)(1)(C) of the Inspector General Act Relating to Intelligence further amended by striking the item relat- of 1978 (5 U.S.C. App. 8H(a)(1)(C)) is amended SEC. 411. PRESERVATION OF INTELLIGENCE CA- ing to section 114 and inserting the following by inserting before the period at the end the PABILITIES. new item: following: ‘‘or to the Inspector General of The Director of Intelligence, the Director ‘‘Sec. 114. Additional annual reports from the Department of Intelligence’’. of the Central Intelligence Agency, the At- THER OFFICERS.—(1) Section 528 of the Director of Intelligence.’’. (b) O torney General, the Secretary of Defense, title 10, United States Code, is amended— (b) CENTRAL INTELLIGENCE AGENCY ACT OF and the heads of other appropriate depart- 1949.—(1) Section 1 of the Central Intel- (A) in subsection (a), by striking ‘‘Asso- ments and agencies of the United States ligence Agency Act of 1949 (50 U.S.C. 403a) is ciate Director of Central Intelligence for Government shall jointly take such actions amended— Military Support’’ and inserting ‘‘Assistant as are appropriate to preserve the intel- (A) by redesignating paragraphs (a) and (c) Deputy Administrator of the National ligence capabilities of the United States dur- as paragraphs (1) and (3), respectively; and Counterterrorism Center for Operations’’; ing the transfer of agencies, offices, and (B) by striking paragraph (b) and inserting and functions to the Department under this Act. the following new paragraph (2): (B) in the heading, by striking ‘‘ASSO- ‘‘(2) ‘Director’ means the Director of the CIATE DIRECTOR OF CENTRAL INTEL- SEC. 412. GENERAL REFERENCES TO INTEL- LIGENCE OFFICIALS. Central Intelligence Agency; and’’. LIGENCE FOR MILITARY SUPPORT’’ and (2) Section 6 of that Act (50 U.S.C. 403g) is inserting ‘‘ASSISTANT DEPUTY ADMINIS- (a) DIRECTOR OF CENTRAL INTELLIGENCE AS amended— TRATOR OF THE NATIONAL COUNTERTER- HEAD OF INTELLIGENCE COMMUNITY.—Any ref- (A) by striking ‘‘Director of Central Intel- RORISM CENTER FOR OPERATIONS’’. erence to the Director of Central Intel- ligence’’ and inserting ‘‘Director of Intel- (2) The item relating to section 528 in the ligence in the Director’s capacity as the head ligence’’; and table of sections at the beginning of chapter of the intelligence community in any law, (B) by striking ‘‘section 103(c)(6) of the Na- 32 of such title is amended by striking ‘‘As- regulation, document, paper, or other record tional Security Act of 1947 (50 U.S.C. 403– sociate Director of Central Intelligence for of the United States shall be deemed to be a 3(c)(6))’’ and inserting ‘‘section 103(b)(7) of Military Support’’ and inserting ‘‘Assistant reference to the Director of Intelligence. the National Security Act of 1947’’. Deputy Administration of the National (b) DIRECTOR OF CENTRAL INTELLIGENCE AS (3) Section 17(f) of that Act (50 U.S.C. Counterterrorism Center for for Operations’’. HEAD OF CENTRAL INTELLIGENCE AGENCY.— 403q(f)) is amended— SEC. 404. CONFORMING MODIFICATION OF AU- Any reference to the Director of Central In- (A) by striking ‘‘Director of Central Intel- THORITIES ON NATIONAL SECURITY telligence in the Director’s capacity as the ligence’’ the first place it appears and insert- AGENCY. head of the Central Intelligence Agency in ing ‘‘Director of Intelligence’’; and The National Security Agency Act of 1959 any law, regulation, document, paper, or (B) by striking ‘‘Director of Central Intel- (50 U.S.C. 402 note) is amended— other record of the United States shall be ligence’’ the second place it appears and in- (1) by inserting before section 5 the fol- deemed to be a reference to the Director of serting ‘‘Director of Intelligence’’. lowing new sections: the Central Intelligence Agency.

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(c) DEPUTY DIRECTOR OF CENTRAL INTEL- the Director may request in preparing for of authority that precede such transfer or LIGENCE AS DEPUTY TO HEAD OF INTELLIGENCE the transfer and integration of the agency or the date of the enactment of this Act shall COMMUNITY.—Any reference to the Deputy office into the Department. be deemed to refer, as appropriate, to the De- Director of Central Intelligence in the Dep- (b) SERVICES AND PERSONNEL.—Upon the re- partment, to its officers, employees, or uty Director’s capacity as deputy to the quest of the Director, the head of any depart- agents, or to its corresponding organiza- head of the intelligence community in any ment or agency of the United States may, on tional units or functions. Statutory report- law, regulation, document, paper, or other a reimbursable basis, provide services or de- ing requirements that applied in relation to record of the United States shall be deemed tail personnel to assist with the transition of such an agency or office immediately before to be a reference to the Deputy Director of an agency or office to the Department under the date of the enactment of this Act shall Intelligence. this Act. continue to apply following such transfer if Subtitle C—Transfer of Elements (c) TRANSFER OF PERSONNEL, ASSETS, OBLI- they refer to the agency or office by name. GATIONS, AND FUNCTIONS.—Upon the transfer (e) EMPLOYMENT PROVISIONS.—(1) Notwith- SEC. 421. TRANSFER OF TERRORIST THREAT IN- standing the generality of the foregoing (in- TEGRATION CENTER. of an agency or office to the Department under this Act— cluding subsections (a) and (d)), in and for (a) TRANSFER.—The Director of the Central (1) the personnel, assets, and obligations the Department the Director of Intelligence Intelligence Agency shall transfer to the Di- may, in regulations prescribed jointly with rector of Intelligence administrative juris- held by or available in connection with the agency or office shall be transferred to the the Director of the Office of Personnel Man- diction and control of the Terrorist Threat agement, adopt the rules, procedures, terms, Integration Center (TTIC). Director of Intelligence for appropriate allocation, subject to the approval of the Direc- and conditions, established by statute, rule, (b) ADMINISTRATION.—The Director of In- or regulation before the date of the enact- telligence shall administer the Terrorist tor of the Office of Management and Budget and in accordance with the provisions of sec- ment of this Act, relating to employment in Threat Integration Center as a component of any agency or office transferred to the De- the National Counterterrorism Center under tion 1531(a)(2) of title 31, United States Code; and partment pursuant to this Act; and section 113. (2) except as otherwise provided in this (2) the Director of Intelligence shall have SEC. 422. TRANSFER OF COMMUNITY MANAGE- Act, or under authority granted by this Act, all functions relating to the agency or office MENT STAFF. the transfer pursuant to this Act of per- that any other official could by law exercise (a) TRANSFER.—The Director of the Central sonnel shall not alter the terms and condi- in relation to the agency immediately before Intelligence Agency shall transfer to the Di- tions of employment, including compensa- such transfer, and shall have in addition all rector of Intelligence administrative juris- tion, of any employee so transferred. functions vested in the Director by this Act diction and control of the Community Man- (f) STATUTORY REPORTING REQUIREMENTS.— or other law. agement Staff. Any statutory reporting requirement that (b) ADMINISTRATION.—The Director of In- SEC. 433. SAVINGS PROVISIONS. applied to an agency or office transferred to telligence shall administer the Community (a) COMPLETED ADMINISTRATIVE ACTIONS.— the Department under this Act, immediately Management Staff as a component of the Of- (1) Completed administrative actions of an before the date of the enactment of this Act fice of the Director of Intelligence under sec- agency or office shall not be affected by the shall continue to apply following that trans- tion 111. enactment of this Act or the transfer of such fer if the statutory requirement refers to the SEC. 423. TRANSFER OF CERTAIN ELEMENTS OF agency or office to the Department, but shall agency or office by name. FEDERAL BUREAU OF INVESTIGA- continue in effect according to their terms Subtitle E—Other Matters TION. until amended, modified, superseded, termi- SEC. 441. TREATMENT OF DEPARTMENT OF IN- (a) TRANSFER.—The Director of the Federal nated, set aside, or revoked in accordance TELLIGENCE AS EXECUTIVE DE- Bureau of Investigation shall transfer to the with law by an officer of the United States PARTMENT. Director Intelligence administrative juris- or a court of competent jurisdiction, or by Section 101 of title 5, United States Code, diction and control of the elements of the operation of law. is amended by adding at the end the fol- Federal Bureau of Investigation as follows: (2) For purposes of paragraph (1), the term lowing: (1) The Office of Intelligence. ‘‘completed administrative action’’ includes ‘‘The Department of Intelligence.’’. (2) The Counterterrorism Division per- orders, determinations, rules, regulations, SEC. 442. EXECUTIVE SCHEDULE MATTERS. sonnel under the National Foreign Intel- personnel actions, permits, agreements, (a) EXECUTIVE SCHEDULE LEVEL I.—Section ligence Program. grants, contracts, certificates, licenses, reg- 5312 of title 5, United States Code, is amend- (3) The Counterintelligence Division per- istrations, and privileges. ed by adding at the end the following new sonnel under the National Foreign Intel- (b) PENDING PROCEEDINGS.—Subject to the item: ligence Program. authority of the Director— ‘‘Director of Intelligence.’’. (b) ADMINISTRATION.—The Director of In- (1) pending proceedings in an agency or of- (b) EXECUTIVE SCHEDULE LEVEL II.—Sec- telligence shall administer each element fice, including notices of proposed rule- tion 5313 of title 5, United States Code, is transferred to the Director under subsection making, and applications for licenses, per- amended by striking the item relating to the (a) as an element of the Department under mits, certificates, grants, and financial as- Director of Central Intelligence and insert- subtitle E of title II. sistance, shall continue notwithstanding the ing the following new items: enactment of this Act or the transfer of the Subtitle D—Transfer of Functions ‘‘Director of Central Intelligence Agency. agency or office to the Department, unless ‘‘Administrator of the National Counter- SEC. 431. TRANSFER OF FUNCTIONS. discontinued or modified under the same terrorism Center.’’. In accordance with the provisions of this terms and conditions and to the same extent (c) EXECUTIVE SCHEDULE LEVEL III.—Sec- subtitle, there shall be transferred to the Di- that such discontinuance could have oc- tion 5314 of title 5, United States Code, is rector of Intelligence the functions, per- curred if such enactment or transfer had not amended by striking the item relating to the sonnel, assets, and liabilities of each of the occurred; and Deputy Directors of Central Intelligence and following: (2) orders issued in such proceedings, and inserting the following new item: (1) The Central Intelligence Agency. appeals therefrom, and payments made pur- ‘‘Deputy Director of Intelligence.’’. (2) The National Security Agency. suant to such orders, shall issue in the same (d) EXECUTIVE SCHEDULE LEVEL IV.—Sec- (3) The National Geospatial-Intelligence manner and on the same terms as if this Act tion 5315 of title 5, United States Code, is Agency. had not been enacted or the agency or office amended— (4) The National Reconnaissance Office. had not been transferred, and any such or- (1) by striking the item relating to the As- (5) The Office of Intelligence. ders shall continue in effect until amended, sistant Directors of Central Intelligence; (6) The elements of the Counterterrorism modified, superseded, terminated, set aside, (2) by striking the item relating to the In- Division of the Federal Bureau of Investiga- or revoked by an officer of the United States spector General of the Central Intelligence tion specified in section 241(b). or a court of competent jurisdiction, or by Agency and inserting the following new (7) The elements of the Counterintelligence operation of law. items: Division of the Federal Bureau of Investiga- (c) PENDING CIVIL ACTIONS.—Subject to the ‘‘Inspector General, Central Intelligence tion specified in section 241(b). authority of the Director, pending civil ac- Agency. (8) The Terrorist Threat Integration Cen- tions shall continue notwithstanding the en- ‘‘Inspector General, Department of Intel- ter. actment of this Act or the transfer of an ligence.’’; (9) The Community Management Staff. agency or office to the Department, and in (3) by inserting after the item relating to SEC. 432. TRANSITIONAL AUTHORITIES. such civil actions, proceedings shall be had, the General Counsel of the Central Intel- (a) PROVISION OF ASSISTANCE BY OFFI- appeals taken, and judgments rendered and ligence Agency the following new item: CIALS.—Until the transfer of an agency or of- enforced in the same manner and with the ‘‘General Counsel of the Department of In- fice to the Department under this Act, any same effect as if such enactment or transfer telligence.’’; and official having authority over or functions had not occurred. (4) by adding at the end the following new relating to the agency or office immediately (d) REFERENCES.—References relating to an items: before the date of the enactment of this Act agency or office that is transferred to the ‘‘Assistant Directors of Intelligence (2). shall provide to the Director such assistance, Department in statutes, Executive orders, ‘‘Deputy Administrators of the National including the use of personnel and assets, as rules, regulations, directives, or delegations Counterterrorism Center (2).’’.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8884 CONGRESSIONAL RECORD — SENATE September 7, 2004 The PRESIDING OFFICER. The Sen- lieve it is. This proposal we have placed have committee jealousies and they ator from Indiana is recognized. before this Congress insists upon clear- want to protect turf. We need to put Mr. BAYH. Mr. President, it is a ly delineated lines of authority, holds that aside and unite as one people, one privilege for me to join my esteemed people clearly accountable for carrying Congress, to protect this Nation. That colleague Senator SPECTER from Penn- out tasks, with consequences that will is what this legislation does. So I am sylvania and Senators LIEBERMAN and be easier to impose if people do not do pleased to join with my colleagues in a MCCAIN in this effort to implement the the job we have a right to expect of bipartisan spirit to move the intel- 9/11 Commission recommendations to them. If I were the President asking ligence system forward and defend defend our country. who was responsible or in charge or ac- America. This is a bipartisan undertaking. We countable for this, you would have a I will conclude with a saying I once have proven we can rise above partisan half dozen different individuals. But read. I am a member of the Intelligence politics. It remains to be seen whether the only individual you can look at and Committee. At one of the briefings, we we can rise above the bureaucratic in- say this person is in charge of a na- got what was actually a cover sheet of ertia, gridlock, and turf jealousy that tional security apparatus in this coun- the budget for the intelligence commu- all too often afflict the Federal Gov- try is the President himself. nity a couple of years ago. The budget ernment. I believe we must and I be- Well, that is not good enough because is classified, but this is not. It was a lieve we can, if we are to uphold the with all the President has to be respon- quote from Napoleon Bonaparte, which weighty responsibility placed on us by sible for, he needs to have someone I found interesting. Napoleon Bona- our fellow American citizens. subordinate to him, who is clearly parte once said ‘‘a well-placed spy is The most important thing we can identifiable, to bring coherence and ac- worth at least two divisions.’’ Well, bring to this task is a sense of urgency. countability to the national security today a well-placed spy and access to What began as a wake-up call on Sep- apparatus. That is what our proposal timely, accurate information could be tember 11 may not be answered fol- would put into place. worth two American cities; it could lowing this November 2, unless we Finally, let me say two things. We mean the difference between hundreds maintain the momentum generated by need to increase the amount of infor- of thousands of lives saved or lost. the recommendations of the 9/11 Com- mation available to our country in Let us not get embroiled in political, mission. All too often the country’s at- order to provide for our defense. No bureaucratic, or other disputes when tention, this body’s attention, can be matter what structure we provide, no the fate of our Nation hangs in the bal- diverted into other arenas, keeping us matter how comprehensive or how ance. Now is the time to act. I am hon- from taking a difficult but necessary much we emphasize accountability, we ored to join with my colleagues in pro- action that sustained focus and atten- simply need to know more about dan- posing that we do exactly that. tion can achieve. gerous individuals, dangerous places, Mr. MCCAIN. Mr. President, I ask So I am very insistent that we regain and what they are doing in an attempt unanimous consent that a copy of the the momentum, bring a sense of ur- to harm America. There are glaring bill be printed in the RECORD. gency and purpose to this calling, be- blind spots today, when it comes to in- There being no objection, the bill was cause it is what will be necessary to telligence, that will make us unable to ordered to be printed in the RECORD, as break down some of the barriers that defend our country. We are in the proc- follows: too often in the past have kept us from ess of trying to correct some of those S. 2774 doing what we now know to be impor- blind spots, but more needs to be done. Be it enacted by the Senate and House of Rep- tant in terms of defending this coun- This report focuses like a laser, par- resentatives of the United States of America in try. ticularly on improving the level of Congress assembled, Our proposal is the most comprehen- human intelligence that will augment SECTION 1. SHORT TITLE; TABLE OF CONTENTS. sive one before the Congress. It ad- our technology, and other sources at (a) SHORT TITLE.—This Act may be cited as dresses not only identifying and crack- our disposal to provide for the common the ‘‘9/11 Commission Report Implementa- ing down on terrorists who would defense. tion Act of 2004’’. threaten to do harm to the American In conclusion, let me say this. I am (b) TABLE OF CONTENTS.—The table of con- people; it is also the only proposal that reminded of the old adage, ‘‘Fool me tents of this Act is as follows: deals with the causes—the environ- once, shame on you; fool me twice, Sec. 1. Short title; table of contents. ment that gives rise to those violent shame on me.’’ It is no longer possible TITLE I—REFORM OF INTELLIGENCE individuals in the first place. We have to deny there are glaring weaknesses in COMMUNITY to do both. If there is one thing I am the national security intelligence ap- Sec. 101. Short title. absolutely certain of, it is no matter paratus that sprung up following World Sec. 102. Definitions. what resources, focus, and new struc- War II. It was designed for a different Subtitle A—National Intelligence Authority ture we bring to the challenge of de- time and a different challenge. We Sec. 111. National Intelligence Authority. fending our country, we will not be must seize this opportunity and put Sec. 112. National Intelligence Director. Sec. 113. Office of the National Intelligence able to identify and bring to justice into place truly transformational Director. every individual who wishes us harm. change that will enable us to defend Sec. 114. Deputy National Intelligence Di- We have to prevent them from being our country against the threats of the rectors. created in the first place. We need to 21st century, not those that threatened Sec. 115. National Intelligence Council. do both. That is what this calls for. us in the recent past. Sec. 116. General Counsel of the National In- We emphasize accountability and Those who would temporize, equivo- telligence Authority. this is vitally important. If you look at cate, and those who would unduly com- Sec. 117. Inspector General of the National the failings that occurred before 9/11, promise will bear a very heavy burden Intelligence Authority. Sec. 118. Intelligence Comptroller. and at some of the weaknesses exposed indeed should another tragedy strike Sec. 119. Officer for Civil Rights and Civil by the search for weapons of mass de- this country. Now is the time for bold Liberties of the National Intel- struction in Iraq, you can see there action. Now is the time to put aside ligence Authority. were some significant problems with the bureaucratic turf jealousies, iner- Sec. 120. Privacy Officer of the National In- our intelligence system. Yet, as far as tia, and divisions that afflict the Con- telligence Authority. I know, no individual has been admon- gress and the executive branch and Sec. 121. Chief Information Officer of the ished, no individual has been demoted, unite politically, unite across branches National Intelligence Author- ity. no individual has been fired. George of Government, unite in a common pur- Tenet fell on his sword and took re- pose of truly bold reform and change, Subtitle B—Responsibilities and Authorities of National Intelligence Director sponsibility. But as far as I know, that so that those who follow in our foot- is as far as it goes. steps will know we have done every- Sec. 131. Provision of national intelligence. Sec. 132. Responsibilities of National Intel- Is this the best we can do in terms of thing humanly possible to protect this ligence Director. having a structure that assigns mis- country. Sec. 133. Authorities of National Intel- sions and holds people accountable for Some of the sacrifices need to start ligence Director. successfully fulfilling them? I don’t be- with this Congress. Too often people Sec. 134. Enhanced personnel management.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0655 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8885 Sec. 135. Role of National Intelligence Direc- Sec. 503. Aid to Afghanistan. sinations conducted by or on behalf of for- tor in appointment and termi- Sec. 504. The United States-Saudi Arabia re- eign governments or elements thereof, for- nation of certain officials relationship. eign organizations, or foreign persons, or sponsible for intelligence-re- Sec. 505. Efforts to combat Islamic ter- international terrorist activities. lated activities. rorism by engaging in the (4) The term ‘‘intelligence community’’ in- Subtitle C—Elements of National struggle of ideas in the Islamic cludes the following: Intelligence Authority world. (A) The National Intelligence Authority. Sec. 506. United States policy toward dicta- (B) The Central Intelligence Agency. Sec. 141. National Counterterrorism Center. torships. (C) The National Security Agency. Sec. 142. National intelligence centers. Sec. 507. Promotion of United States values (D) The Defense Intelligence Agency. Subtitle D—Additional Authorities of through broadcast media. (E) The National Geospatial-Intelligence National Intelligence Authority Sec. 508. Use of United States scholarship Agency. Sec. 151. Use of appropriated funds. and exchange programs in the (F) The National Reconnaissance Office. Sec. 152. Procurement authorities. Islamic world. (G) Other offices within the Department of Sec. 153. Personnel matters. Sec. 509. International Youth Opportunity Defense for the collection of specialized na- Sec. 154. Ethics matters. Fund. tional intelligence through reconnaissance Subtitle E—Additional Improvements of Sec. 510. Report on the use of economic poli- programs. Intelligence Activities cies to combat terrorism. (H) The intelligence elements of the Army, Sec. 511. Middle East Partnership Initiative. the Navy, the Air Force, the Marine Corps, Sec. 161. Availability to public of certain in- Sec. 512. Comprehensive coalition strategy telligence funding information. the Federal Bureau of Investigation, and the for fighting terrorism. Department of Energy. Sec. 162. Merger of Homeland Security Sec. 513. Detention and humane treatment Council into National Security (I) The Bureau of Intelligence and Re- of captured terrorists. search of the Department of State. Council. Sec. 514. Proliferation of weapons of mass Sec. 163. Reform of Central Intelligence (J) The Office of Intelligence and Analysis destruction. of the Department of the Treasury. Agency. Sec. 515. Financing of terrorism. Sec. 164. Paramilitary operations. (K) The elements of the Department of Sec. 165. Improvement of intelligence capa- TITLE VI—TERRORIST TRAVEL AND Homeland Security concerned with the anal- bilities of the Federal Bureau of EFFECTIVE SCREENING ysis of intelligence information, including Investigation. Sec. 601. Counterterrorist travel intel- the Office of Intelligence of the Coast Guard. Sec. 166. Report on implementation of intelligence. (L) Such other elements of any other de- ligence community reform. Sec. 602. Integrated screening system. partment or agency as may be designated by the President, or designated jointly by the Subtitle F—Conforming and Other Sec. 603. Biometric entry and exit data sys- National Intelligence Director and the head Amendments tem. Sec. 604. Travel documents. of the department or agency concerned, as Sec. 171. Restatement and modification of Sec. 605. Exchange of terrorist information. an element of the intelligence community. basic authority of the Central Sec. 606. Minimum standards for identifica- (5) The terms ‘‘national intelligence’’ and Intelligence Agency. tion-related documents. ‘‘intelligence related to the national secu- Sec. 172. Conforming amendments relating TITLE VII—TRANSPORTATION SECURITY rity’’— to roles of National Intelligence (A) each refer to intelligence which per- Director and Director of the Sec. 701. Definitions. tains to the interests of more than one de- Central Intelligence Agency. Sec. 702. National Strategy for Transpor- partment or agency of the Government; and Sec. 173. Other conforming amendments. tation Security. (B) do not refer to counterintelligence or Sec. 174. Elements of intelligence commu- Sec. 703. Use of watchlists for passenger air law enforcement activities conducted by the nity under National Security transportation screening. Federal Bureau of Investigation except to Act of 1947. Sec. 704. Enhanced passenger and cargo the extent provided for in procedures agreed Sec. 175. Redesignation of National Foreign screening. to by the National Intelligence Director and Intelligence Program as Na- TITLE VIII—NATIONAL PREPAREDNESS the Attorney General, or otherwise as ex- tional Intelligence Program. Sec. 801. Homeland security assistance. pressly provided for in this title. Sec. 176. Repeal of superseded authorities. Sec. 802. The incident command system. (6) The term ‘‘National Intelligence Pro- Sec. 177. Clerical amendments to National Sec. 803. National Capital Region Mutual gram’’— Security Act of 1947. Aid. (A)(i) refers to all national intelligence Sec. 178. Conforming amendments relating Sec. 804. Assignment of spectrum for public programs, projects, and activities of the ele- to dual service of certain offi- safety. ments of the intelligence community; and cials as Deputy National Intel- Sec. 805. Urban area communications capa- (ii) includes all programs, projects, and ac- ligence Directors. bilities. tivities (whether or not pertaining to na- Sec. 179. Conforming amendment to Inspec- Sec. 806. Private sector preparedness. tional intelligence) of the National Intel- tor General Act of 1978. Sec. 807. Critical infrastructure and readi- ligence Authority, the Central Intelligence Subtitle G—Other Matters ness assessments. Agency, the National Security Agency, the Sec. 181. Transfer of Community Manage- Sec. 808. Report on Northern Command and National Geospatial-Intelligence Agency, the ment Staff. defense of the United States National Reconnaissance Office, the Office of Sec. 182. Transfer of Terrorist Threat Inte- homeland. Intelligence of the Federal Bureau of Inves- gration Center. TITLE IX—PROTECTION OF CIVIL tigation, and the Directorate of Information Sec. 183. Termination of positions of Assist- LIBERTIES Analysis and Infrastructure Protection of the Department of Homeland Security; but ant Directors of Central Intel- Sec. 901. Privacy and Civil Liberties Over- (B) does not refer— ligence. sight Board. Sec. 184. Termination of Joint Military In- Sec. 902. Privacy and Civil Liberties Offi- (i) to any program, project, or activity per- telligence Program. cers. taining solely to the requirements of a single Sec. 185. Executive schedule matters. department, agency, or element of the TITLE I—REFORM OF INTELLIGENCE Sec. 186. Preservation of intelligence capa- United States Government; or COMMUNITY bilities. (ii) to any program, project, or activity of Sec. 187. General references. SEC. 101. SHORT TITLE. the military departments to acquire intel- This title may be cited as the ‘‘National ligence solely for the planning and conduct TITLE II—INFORMATION SHARING Intelligence Authority Act of 2004’’. of tactical military operations by the United Sec. 201. Information sharing. SEC. 102. DEFINITIONS. States Armed Forces. TITLE III—CONGRESSIONAL REFORM In this title: (7) The term ‘‘congressional intelligence Sec. 301. Findings. (1) The term ‘‘intelligence’’ includes for- committees’’ means— Sec. 302. Reorganization of congressional ju- eign intelligence and counterintelligence. (A) the Select Committee on Intelligence risdiction. (2) The term ‘‘foreign intelligence’’ means of the Senate; and (B) the Permanent Select Committee on TITLE IV—PRESIDENTIAL TRANSITION information relating to the capabilities, intentions, or activities of foreign govern- Intelligence of the House of Representatives. Sec. 401. Presidential transition. ments or elements thereof, foreign organiza- Subtitle A—National Intelligence Authority TITLE V—THE ROLE OF DIPLOMACY, tions, or foreign persons, or international FOREIGN AID, AND THE MILITARY IN terrorist activities. SEC. 111. NATIONAL INTELLIGENCE AUTHORITY. THE WAR ON TERRORISM (3) The term ‘‘counterintelligence’’ means (a) INDEPENDENT ESTABLISHMENT.—There is Sec. 501. Report on terrorist sanctuaries. information gathered, and activities con- hereby established as an independent estab- Sec. 502. Role of Pakistan in countering ter- ducted, to protect against espionage, other lishment in the executive branch of govern- rorism. intelligence activities, sabotage, or assas- ment the National Intelligence Authority.

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(b) COMPOSITION.—The National Intel- (1) The Deputy National Intelligence Di- (2) The Under Secretary of Defense for In- ligence Authority is composed of the fol- rector. telligence under section 137 of title 10, lowing: (2) The Deputy National Intelligence Di- United States Code, also serves as the Dep- (1) The Office of the National Intelligence rector for Foreign Intelligence. uty National Intelligence Director for De- Director. (3) The Deputy National Intelligence Di- fense Intelligence. (2) The elements specified in subtitle C. rector for Defense Intelligence. (3) In the capacity as Deputy National In- (3) Such other elements, offices, agencies, (4) The Deputy National Intelligence Di- telligence Director for Defense Intelligence, and activities as may be designated by law rector for Homeland Intelligence. the Deputy Director shall— or by the President as part of the Authority. (5) The National Intelligence Council. (A) have the duties and responsibilities (c) PRIMARY MISSIONS.—The primary mis- (6) The General Counsel of the National In- specified in subsection (e) with respect to the sions of the National Intelligence Authority telligence Authority. elements of the intelligence community (as are as follows: (7) The Inspector General of the National determined by the National Intelligence Di- (1) To unify and strengthen the efforts of Intelligence Authority. rector) that are responsible for defense intel- the intelligence community. (8) The Intelligence Comptroller. ligence matters; and (2) To ensure the organization of the ef- (9) The Officer for Civil Rights and Civil (B) such other duties, responsibilities, and forts of the intelligence community in a col- Liberties of the National Intelligence Au- authorities with respect to foreign intel- lective manner relating to intelligence re- thority. ligence as the Director may assign. sponsibilities. (10) The Privacy Officer of the National In- (d) DEPUTY NATIONAL INTELLIGENCE DIREC- (3) To provide for the operation of the Na- telligence Authority. TOR FOR HOMELAND INTELLIGENCE.—(1) There tional Counterterrorism Center and the na- (11) The Chief Information Officer of the is a Deputy National Intelligence Director tional intelligence centers under subtitle C. National Intelligence Authority. for Homeland Intelligence. (4) To eliminate barriers in the conduct of (12) Such other offices and officials as may (2)(A) At the election of the National Intel- the counterterrorism activities of the United be established by law or the Director may es- States Government between foreign intelligence Director, one of the officials specified tablish or designate in the Office. in subparagraph (B) also serves as the Dep- ligence activities conducted inside and out- TAFF.—(1) To assist the National In- (d) S uty National Intelligence Director for Home- side the United States while ensuring the telligence Director in fulfilling the duties land Intelligence. protection of civil liberties. and responsibilities of the Director, the Di- (5) To establish clear responsibility and ac- rector shall employ and utilize in the Office (B) The officials specified in this subpara- countability for counterterrorism and other of the National Intelligence Director a pro- graph are as follows: intelligence matters relating to the national fessional staff having an expertise in matters (i) The Under Secretary of Homeland Secu- security of the United States. relating to such duties and responsibilities, rity for Information Analysis and Infrastruc- (d) SEAL.—The National Intelligence Direc- and may establish permanent positions and ture Protection under section 201 of the tor shall have a seal for the National Intel- appropriate rates of pay with respect to that Homeland Security Act of 2002 (6 U.S.C. 121). ligence Authority. The design of the seal is staff. (ii) The Executive Assistant Director for subject to the approval of the President. Ju- (2) The staff of the Office under paragraph Intelligence of the Federal Bureau of Inves- dicial notice shall be taken of the seal. (1) shall include the elements of the Commu- tigation. SEC. 112. NATIONAL INTELLIGENCE DIRECTOR. nity Management Staff that are transferred (3) In the capacity as Deputy National In- (a) NATIONAL INTELLIGENCE DIRECTOR.— to the Office under section 181. telligence Director for Homeland Intel- There is a National Intelligence Director SEC. 114. DEPUTY NATIONAL INTELLIGENCE DI- ligence, the Deputy Director shall— who shall be appointed by the President, by RECTORS. (A) have the duties and responsibilities and with the advice and consent of the Sen- (a) DEPUTY NATIONAL INTELLIGENCE DIREC- specified in subsection (e) with respect to the ate. TOR.—(1) There is a Deputy National Intel- elements of the intelligence community (as (b) INDIVIDUALS ELIGIBLE FOR NOMINA- ligence Director who shall be appointed by determined by the National Intelligence Di- TION.—Any individual nominated for ap- the President, by and with the advice and rector) that are responsible for homeland in- pointment as National Intelligence Director consent of the Senate. telligence matters; and shall have extensive national security exper- (2) Any individual nominated for appoint- (B) such other duties, responsibilities, and tise. ment as Deputy National Intelligence Direc- authorities with respect to homeland intel- (c) PRINCIPAL DUTIES AND RESPONSIBIL- tor shall have extensive national security ex- ligence as the Director may assign. ITIES.—The National Intelligence Director perience and management expertise. (e) DUTIES AND RESPONSIBILITIES REGARD- shall— (3) The individual serving as Deputy Na- ING SPECIFIC INTELLIGENCE MATTERS.—Each (1) serve as head of the intelligence com- tional Intelligence Director may not serve in Deputy National Intelligence Director shall munity in accordance with the provisions of any capacity in any other element of the in- assist the National Intelligence Director and this Act, the National Security Act of 1947 telligence community. (50 U.S.C. 401 et seq.), and other applicable (4) The Deputy National Intelligence Di- the Deputy National Intelligence Director provisions of law; rector shall assist the National Intelligence under subsection (a) in— (2) act as a principal adviser to the Presi- Director in carrying out the duties and re- (1) managing the collection, analysis, pro- dent for intelligence related to the national sponsibilities of the Director. duction, and dissemination of intelligence in security; (5) The Deputy National Intelligence Di- accordance with the standards, require- (3) serve as the head of the National Intel- rector shall act for, and exercise the powers ments, and priorities established by the Na- ligence Authority (but may not serve as the of, the National Intelligence Director during tional Intelligence Director; Director of the Central Intelligence Agency); the absence or disability of the National In- (2) ensuring the acquisition of collection and telligence Director or during a vacancy in systems in accordance with the standards, (4) direct, manage, and oversee the execu- the position of National Director of Intel- requirements, and priorities established by tion of the National Intelligence Program. ligence. the National Intelligence Director; (d) GENERAL RESPONSIBILITIES AND AU- (b) DEPUTY NATIONAL INTELLIGENCE DIREC- (3) setting standards, requirements, and THORITIES.—In carrying out the duties and TOR FOR FOREIGN INTELLIGENCE.—(1) There is priorities for the hiring and training of per- responsibilities set forth in subsection (c), a Deputy National Intelligence Director for sonnel; the National Intelligence Director shall have Foreign Intelligence. (4) assigning or detailing personnel as staff the responsibilities set forth in section 132 (2) The Director of the Central Intelligence of the national intelligence centers; and the authorities set forth in section 133 Agency under section 103 of the National Se- (5) overseeing the performance of the na- and other applicable provisions of law. curity Act of 1947 also serves as the Deputy tional intelligence centers, subject to the di- SEC. 113. OFFICE OF THE NATIONAL INTEL- National Intelligence Director for Foreign rection of the National Intelligence Director; LIGENCE DIRECTOR. Intelligence. (6) ensuring that the intelligence commu- (a) OFFICE OF NATIONAL INTELLIGENCE DI- (3) In the capacity as Deputy National In- nity makes better use of open source infor- RECTOR.—There is within the National Intel- telligence Director for Foreign Intelligence, mation and analysis; and ligence Authority an Office of the National the Deputy Director shall— (7) coordinating among the agencies, ele- Intelligence Director. (A) have the duties and responsibilities ments, and components of the intelligence (b) FUNCTION.—The function of the Office of specified in subsection (e) with respect to the community. elements of the intelligence community (as the National Intelligence Director is to as- SEC. 115. NATIONAL INTELLIGENCE COUNCIL. sist the National Intelligence Director in determined by the National Intelligence Di- carrying out the duties and responsibilities rector) that are responsible for foreign intel- (a) NATIONAL INTELLIGENCE COUNCIL.— of the Director under this Act, the National ligence matters; and There is a National Intelligence Council. Security Act of 1947 (50 U.S.C. 401 et seq.), (B) such other duties, responsibilities, and (b) COMPOSITION.—(1) The National Intel- and other applicable provisions of law, and authorities with respect to foreign intelligence Council shall be composed of senior to carry out such other duties as may be pre- ligence as the Director may assign. analysts within the intelligence community scribed by the President or by law. (c) DEPUTY NATIONAL INTELLIGENCE DIREC- and substantive experts from the public and (c) COMPOSITION.—The Office of the Na- TOR FOR DEFENSE INTELLIGENCE.—(1) There is private sector, who shall be appointed by, re- tional Intelligence Director is composed of a Deputy National Intelligence Director for port to, and serve at the pleasure of, the Na- the following: Defense Intelligence. tional Intelligence Director.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8887 (2) The Director shall prescribe appropriate ity who shall be appointed from civilian life dent shall immediately communicate in security requirements for personnel ap- by the President, by and with the advice and writing to the congressional intelligence pointed from the private sector as a condi- consent of the Senate. committees the reasons for the removal of tion of service on the Council, or as contrac- (b) PROHIBITION ON DUAL SERVICE AS GEN- any individual from the position of Inspector tors of the Council or employees of such con- ERAL COUNSEL OF ANOTHER AGENCY.—The in- General. tractors, to ensure the protection of intel- dividual serving in the position of General (d) DUTIES AND RESPONSIBILITIES.—It shall ligence sources and methods while avoiding, Counsel of the National Intelligence Author- be the duty and responsibility of the Inspec- wherever possible, unduly intrusive require- ity may not, while so serving, also serve as tor General of the National Intelligence Au- ments which the Director considers to be un- the General Counsel of any other depart- thority— necessary for this purpose. ment, agency, or element of the United (1) to provide policy direction for, and to (c) DUTIES AND RESPONSIBILITIES.—(1) The States Government. plan, conduct, supervise, and coordinate National Intelligence Council shall— (c) SCOPE OF POSITION.—The General Coun- independently, the investigations, inspec- (A) subject to paragraph (2), produce na- sel of the National Intelligence Authority is tions, and audits relating to the programs tional intelligence estimates for the United the chief legal officer of the National Intel- and operations of the National Intelligence States Government, including, whenever the ligence Authority. Authority, and in the relationships among (d) FUNCTIONS.—The General Counsel of the Council considers appropriate, alternative the elements of the intelligence community National Intelligence Authority shall per- views held by elements of the intelligence within the National Intelligence Program, to form such functions as the National Intel- ensure they are conducted efficiently and in community; ligence Director may prescribe. (B) evaluate community-wide collection accordance with applicable law and regula- SEC. 117. INSPECTOR GENERAL OF THE NA- and production of intelligence by the intel- tions; TIONAL INTELLIGENCE AUTHORITY. (2) to keep the National Intelligence Direc- ligence community and the requirements (a) OFFICE OF INSPECTOR GENERAL OF NA- tor fully and currently informed concerning and resources of such collection and produc- TIONAL INTELLIGENCE AUTHORITY.—There is violations of law and regulations, violations tion; and an Office of the Inspector General of the Na- (C) otherwise assist the National Intel- tional Intelligence Authority. of civil liberties and privacy, and fraud and ligence Director in carrying out the respon- (b) PURPOSE.—The purpose of the Office of other serious problems, abuses, and defi- sibilities of the Director under section 131. the Inspector General of the National Intel- ciencies that may occur in such programs (2) The National Intelligence Director shall ligence Authority is to— and operations, and in the relationships de- ensure that the Council satisfies the needs of (1) create an objective and effective office, scribed in paragraph (1), and to report the policymakers and other consumers of intel- appropriately accountable to Congress, to progress made in implementing corrective ligence by ensuring that each national intel- initiate and conduct independently inves- action; ligence estimate under paragraph (1)— tigations, inspections, and audits relating (3) to take due regard for the protection of (A) states separately, and distinguishes be- to— intelligence sources and methods in the tween, the intelligence underlying such esti- (A) the programs and operations of the Na- preparation of all reports issued by the In- mate and the assumptions and judgments of tional Intelligence Authority; spector General, and, to the extent con- analysts with respect to such intelligence (B) the relationships among the elements sistent with the purpose and objective of and such estimate; of the intelligence community within the such reports, take such measures as may be (B) describes the quality and reliability of National Intelligence Program; and appropriate to minimize the disclosure of in- the intelligence underlying such estimate; (C) the relationship of the Authority with telligence sources and methods described in (C) presents and explains alternative con- the other elements of the intelligence com- such reports; and clusions, if any, with respect to the intel- munity; (4) in the execution of the duties and re- ligence underlying such estimate and such (2) provide leadership and recommend poli- sponsibilities under this section, to comply estimate; and cies designed to promote economy, effi- with generally accepted government audit- (D) characterizes the uncertainties, if any, ciency, and effectiveness in the administra- ing standards. and confidence in such estimate. tion of such programs and operations, and in (e) LIMITATIONS ON ACTIVITIES.—(1) The Na- (d) SERVICE AS SENIOR INTELLIGENCE ADVIS- the relationships described in paragraph (1), tional Intelligence Director may prohibit the ERS.—Within their respective areas of exper- and to detect fraud and abuse in such pro- Inspector General of the National Intel- tise and under the direction of the National grams, operations, and relationships; ligence Authority from initiating, carrying Intelligence Director, the members of the (3) provide a means for keeping the Na- out, or completing any investigation, inspection, or audit if the Director determines that National Intelligence Council shall con- tional Intelligence Director fully and cur- such prohibition is necessary to protect vital stitute the senior intelligence advisers of the rently informed about problems and defi- national security interests of the United intelligence community for purposes of rep- ciencies relating to the administration of States. resenting the views of the intelligence com- such programs and operations, and in such munity within the United States Govern- (2) If the Director exercises the authority relationships, and the necessity for, and the under paragraph (1), the Director shall sub- ment. progress of, corrective actions; and mit an appropriately classified statement of (e) AUTHORITY TO CONTRACT.—Subject to (4) in the manner prescribed by this sec- the reasons for the exercise of such author- the direction and control of the National In- tion, ensure that the congressional intel- telligence Director, the National Intel- ity within seven days to the congressional ligence committees are kept similarly in- intelligence committees. ligence Council may carry out its respon- formed of significant problems and defi- (3) The Director shall advise the Inspector sibilities under this section by contract, in- ciencies relating to the administration of General at the time a report under para- cluding contracts for substantive experts such programs and operations, and in such graph (1) is submitted, and, to the extent necessary to assist the Council with par- relationships, as well as the necessity for, consistent with the protection of intel- ticular assessments under this section. and the progress of, corrective actions. ligence sources and methods, provide the In- (f) STAFF.—The National Intelligence Di- (c) INSPECTOR GENERAL OF NATIONAL INTEL- spector General with a copy of such report. rector shall make available to the National LIGENCE AUTHORITY.—(1) There is an Inspec- (4) The Inspector General may submit to Intelligence Council such staff as may be tor General of the National Intelligence Au- the congressional intelligence committees necessary to permit the Council to carry out thority, who shall be the head of the Office any comments on a report of which the In- its responsibilities under this section. of the Inspector General of the National In- spector General has notice under paragraph (g) AVAILABILITY OF COUNCIL AND STAFF.— telligence Authority, who shall be appointed (3) that the Inspector General considers ap- (1) The National Intelligence Director shall from civilian life by the President, by and propriate. take appropriate measures to ensure that with the advice and consent of the Senate. (f) AUTHORITIES.—(1) The Inspector General the National Intelligence Council and its (2) The nomination of an individual for ap- of the National Intelligence Authority shall staff satisfy the needs of policymaking offi- pointment as Inspector General shall be have direct and prompt access to the Na- cials and other consumers of intelligence. made— tional Intelligence Director when necessary (2) The Council shall be readily accessible (A) without regard to political affiliation; for any purpose pertaining to the perform- to policymaking officials and other appro- (B) solely on the basis of integrity, compliance of the duties of the Inspector General. priate individuals not otherwise associated ance with the security standards of the Na- (2)(A) The Inspector General shall have ac- with the intelligence community. tional Intelligence Authority, and prior excess to any employee, or any employee of a (h) SUPPORT.—The heads of the elements of perience in the field of intelligence or na- contractor, of the National Intelligence Au- the intelligence community shall, as appro- tional security; and thority whose testimony is needed for the priate, furnish such support to the National (C) on the basis of demonstrated ability in performance of the duties of the Inspector Intelligence Council, including the prepara- accounting, financial analysis, law, manage- General. tion of intelligence analyses, as may be re- ment analysis, public administration, or au- (B) The Inspector General shall have direct quired by the National Intelligence Director. diting. access to all records, reports, audits, re- SEC. 116. GENERAL COUNSEL OF THE NATIONAL (3) The Inspector General shall report di- views, documents, papers, recommendations, INTELLIGENCE AUTHORITY. rectly to and be under the general super- or other material which relate to the pro- (a) GENERAL COUNSEL OF NATIONAL INTEL- vision of the National Intelligence Director. grams and operations with respect to which LIGENCE AUTHORITY.—There is a General (4) The Inspector General may be removed the Inspector General has responsibilities Counsel of the National Intelligence Author- from office only by the President. The Presi- under this section.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8888 CONGRESSIONAL RECORD — SENATE September 7, 2004 (C) The level of classification or ees as may be necessary to carry out the (A), the Director shall transmit the report to compartmentation of information shall not, functions of the Inspector General. the congressional intelligence committees in and of itself, provide a sufficient rationale (B) In making selections under subpara- together with any comments the Director for denying the Inspector General access to graph (A), the Inspector General shall ensure considers appropriate. any materials under subparagraph (B). that such officers and employees have the (2)(A) The Inspector General shall report (D) Failure on the part of any employee or requisite training and experience to enable immediately to the Director whenever the contractor to cooperate with the Inspector the Inspector General to carry out the duties Inspector General becomes aware of particu- General shall be grounds for appropriate ad- of the Inspector General effectively. larly serious or flagrant problems, abuses, or ministrative actions by the Director, includ- (C) In meeting the requirements of this deficiencies relating to the administration of ing loss of employment or the termination of paragraph, the Inspector General shall cre- programs or operations of the Authority or an existing contractual relationship. ate within the Office of the Inspector Gen- regarding relationships among the elements (3) The Inspector General is authorized to eral of the National Intelligence Authority a of the intelligence community within the receive and investigate complaints or infor- career cadre of sufficient size to provide ap- National Intelligence Program. mation from any person concerning the ex- propriate continuity and objectivity needed (B) The Director shall transmit to the con- istence of an activity constituting a viola- for the effective performance of the duties of gressional intelligence committees each re- tion of laws, rules, or regulations, or mis- the Inspector General. port under subparagraph (A) within seven (3)(A) Subject to the concurrence of the Di- management, gross waste of funds, abuse of calendar days of receipt of such report, to- rector, the Inspector General may request authority, or a substantial and specific dan- gether with such comments as the Director such information or assistance as may be ger to the public health and safety. Once considers appropriate. necessary for carrying out the duties and re- (3) In the event that— such complaint or information has been responsibilities of the Inspector General from (A) the Inspector General is unable to received from an employee of the Authority— any department, agency, or other element of solve any differences with the Director af- (A) the Inspector General shall not disclose the United States Government. fecting the execution of the duties or respon- the identity of the employee without the (B) Upon request of the Inspector General sibilities of the Inspector General; consent of the employee, unless the Inspec- for information or assistance under subpara- (B) an investigation, inspection, or audit tor General determines that such disclosure graph (A), the head of the department, agen- carried out by the Inspector General should is unavoidable during the course of the in- cy, or element concerned shall, insofar as is focus on any current or former Authority of- vestigation or the disclosure is made to an practicable and not in contravention of any ficial who holds or held a position in the Au- official of the Department of Justice respon- existing statutory restriction or regulation thority that is subject to appointment by sible for determining whether a prosecution of the department, agency, or element, fur- the President, by and with the advice and should be undertaken; and nish to the Inspector General, or to an au- consent of the Senate, including such a posi- (B) no action constituting a reprisal, or thorized designee, such information or as- tion held on an acting basis; threat of reprisal, for making such com- sistance. (C) a matter requires a report by the In- plaint or disclosing such information may be (h) REPORTS.—(1)(A) The Inspector General spector General to the Department of Jus- taken by any employee of the Authority in a of the National Intelligence Authority shall, tice on possible criminal conduct by a cur- position to take such actions, unless such not later than January 31 and July 31 of each rent or former official described in subpara- complaint was made or such information was year, prepare and submit to the National In- graph (B); disclosed with the knowledge that it was telligence Director a classified semiannual (D) the Inspector General receives notice false or with willful disregard for its truth or report summarizing the activities of the Of- from the Department of Justice declining or falsity. fice of the Inspector General of the National (4) The Inspector General shall have au- Intelligence Authority during the imme- approving prosecution of possible criminal thority to administer to or take from any diately preceding six-month periods ending conduct of any current or former official de- person an oath, affirmation, or affidavit, December 31 (of the preceding year) and June scribed in subparagraph (B); or whenever necessary in the performance of 30, respectively. (E) the Inspector General, after exhausting the duties of the Inspector General, which (B) Each report under this paragraph shall all possible alternatives, is unable to obtain oath, affirmation, or affidavit when adminis- include, at a minimum, the following: significant documentary information in the tered or taken by or before an employee of (i) A list of the title or subject of each in- course of an investigation, inspection, or the Office of the Inspector General of the Na- vestigation, inspection, or audit conducted audit, tional Intelligence Authority designated by during the period covered by such report. the Inspector General shall immediately no- the Inspector General shall have the same (ii) A description of significant problems, tify and submit a report on such matter to force and effect as if administered or taken abuses, and deficiencies relating to the ad- the congressional intelligence committees. by or before an officer having a seal. ministration of programs and operations of (4) Pursuant to title V of the National Se- (5)(A) Except as provided in subparagraph the National Intelligence Authority identi- curity Act of 1947 (50 U.S.C. 413 et seq.), the (B), the Inspector General is authorized to fied by the Inspector General during the pe- Director shall submit to the congressional require by subpoena the production of all in- riod covered by such report. intelligence committees any report or findings and recommendations of an investiga- formation, documents, reports, answers, (iii) A description of the recommendations tion, inspection, or audit conducted by the records, accounts, papers, and other data and for corrective action made by the Inspector office which has been requested by the Chair- documentary evidence necessary in the per- General during the period covered by such man or Ranking Minority Member of either formance of the duties and responsibilities of report with respect to significant problems, committee. the Inspector General. abuses, or deficiencies identified in clause (ii). (5)(A) An employee of the Authority, or of (B) In the case of departments, agencies, a contractor to the Authority, who intends and other elements of the United States Gov- (iv) A statement whether or not corrective action has been completed on each signifi- to report to Congress a complaint or infor- ernment, the Inspector General shall obtain mation with respect to an urgent concern cant recommendation described in previous information, documents, reports, answers, may report such complaint or information to semiannual reports, and, in a case where cor- records, accounts, papers, and other data and the Inspector General. evidence for the purpose specified in sub- rective action has been completed, a descrip- (B) Not later than the end of the 14-cal- paragraph (A) using procedures other than tion of such corrective action. endar day period beginning on the date of re- by subpoenas. (v) An assessment of the effectiveness of ceipt from an employee of a complaint or in- (C) The Inspector General may not issue a all measures in place in the Authority for formation under subparagraph (A), the In- subpoena for or on behalf of any other ele- the protection of civil liberties and privacy spector General shall determine whether the ment or component of the Authority. of United States persons. complaint or information appears credible. (D) In the case of contumacy or refusal to (vi) A certification whether or not the In- Upon making such a determination, the In- obey a subpoena issued under this paragraph, spector General has had full and direct ac- spector General shall transmit to the Direc- the subpoena shall be enforceable by order of cess to all information relevant to the per- tor a notice of that determination, together any appropriate district court of the United formance of the functions of the Inspector with the complaint or information. States. General. (C) Upon receipt of a transmittal from the (g) STAFF AND OTHER SUPPORT.—(1) The In- (vii) A description of the exercise of the Inspector General under subparagraph (B), spector General of the National Intelligence subpoena authority under subsection (f)(5) by the Director shall, within seven calendar Authority shall be provided with appropriate the Inspector General during the period cov- days of such receipt, forward such trans- and adequate office space at central and field ered by such report. mittal to the congressional intelligence com- office locations, together with such equip- (viii) Such recommendations as the Inspec- mittees, together with any comments the Di- ment, office supplies, maintenance services, tor General considers appropriate for legisla- rector considers appropriate. and communications facilities and services tion to promote economy and efficiency in (D)(i) If the Inspector General does not find as may be necessary for the operation of the administration of programs and oper- credible under subparagraph (B) a complaint such offices. ations undertaken by the Authority, and to or information submitted under subpara- (2)(A) Subject to applicable law and the detect and eliminate fraud and abuse in such graph (A), or does not transmit the com- policies of the National Intelligence Direc- programs and operations. plaint or information to the Director in ac- tor, the Inspector General shall select, ap- (C) Not later than 30 days after the date of curate form under subparagraph (B), the em- point and employ such officers and employ- the submittal of a report under subparagraph ployee (subject to clause (ii)) may submit

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8889 the complaint or information to Congress by budget of the elements of the intelligence SEC. 121. CHIEF INFORMATION OFFICER OF THE contacting either or both of the congres- community within the National Intelligence NATIONAL INTELLIGENCE AUTHOR- sional intelligence committees directly. Program; ITY. (ii) An employee may contact the intel- (2) assist the Director in participating in (a) CHIEF INFORMATION OFFICER OF NA- ligence committees directly as described in the development by the Secretary of Defense TIONAL INTELLIGENCE AUTHORITY.—There is a clause (i) only if the employee— of the annual budget for military intel- Chief Information Officer of the National In- (I) before making such a contact, furnishes ligence programs and activities outside the telligence Authority who shall be appointed by the National Intelligence Director. to the Director, through the Inspector Gen- National Intelligence Program; (b) DUTIES.—The Chief Information Officer eral, a statement of the employee’s com- (3) provide unfettered access to the Direc- of the National Intelligence Authority plaint or information and notice of the em- tor to financial information under the Na- shall— ployee’s intent to contact the congressional tional Intelligence Program; (1) assist the National Intelligence Direc- intelligence committees directly; and (4) perform such other duties as may be tor in developing and implementing an inte- (II) obtains and follows from the Director, prescribed by the Director or specified by grated information technology network, as through the Inspector General, direction on law. required by section 132(a)(14); how to contact the intelligence committees SEC. 119. OFFICER FOR CIVIL RIGHTS AND CIVIL (2) develop an enterprise architecture for in accordance with appropriate security LIBERTIES OF THE NATIONAL IN- the intelligence community and assist the practices. TELLIGENCE AUTHORITY. Director in ensuring that elements of the in- (iii) A member or employee of one of the (a) OFFICER FOR CIVIL RIGHTS AND CIVIL telligence community comply with such ar- congressional intelligence committees who LIBERTIES OF NATIONAL INTELLIGENCE AU- chitecture; receives a complaint or information under THORITY.—There is an Officer for Civil Rights (3) ensure that the elements of the intel- clause (i) does so in that member or employ- and Civil Liberties of the National Intel- ligence community have direct and contin- ee’s official capacity as a member or em- ligence Authority who shall be appointed by uous electronic access to all information (in- ployee of such committee. the National Intelligence Director. cluding unevaluated intelligence) necessary (E) The Inspector General shall notify an (b) SUPERVISION.—The Officer for Civil for appropriately cleared analysts to conduct employee who reports a complaint or infor- Rights and Civil Liberties of the National In- comprehensive all-source analysis and for mation to the Inspector General under this telligence Authority shall report directly to appropriately cleared policymakers to per- paragraph of each action taken under this the National Intelligence Director. form their duties; paragraph with respect to the complaint or (c) DUTIES.—The Officer for Civil Rights (4) review and provide recommendations to information. Such notice shall be provided the Director on National Intelligence Pro- not later than three days after any such ac- and Civil Liberties of the National Intel- ligence Authority shall— gram budget requests for information tech- tion is taken. nology and national security systems; (F) An action taken by the Director or the (1) assist the National Intelligence Direc- tor in ensuring that the protection of civil (5) assist the Director in promulgating and Inspector General under this paragraph shall enforcing standards on information tech- not be subject to judicial review. rights and civil liberties is appropriately incorporated in the policies and procedures de- nology and national security systems that (G) In this paragraph, the term ‘‘urgent apply throughout the intelligence commu- concern’’ means any of the following: veloped for and implemented by the National Intelligence Authority and in the relation- nity; (i) A serious or flagrant problem, abuse, (6) provide for the elimination of duplicate violation of law or Executive order, or defi- ships among the elements of the intelligence community within the National Intelligence information technology and national secu- ciency relating to the funding, administra- rity systems within and between the ele- tion, or operations of an intelligence activ- Program; (2) oversee compliance by the Authority, ments of the intelligence community; and ity involving classified information, but does (7) perform such other duties with respect not include differences of opinions con- and in the relationships described in paragraph (1), with requirements under the Con- to the information systems and information cerning public policy matters. technology of the National Intelligence Au- (ii) A false statement to Congress, or a stitution and all laws, regulations, Executive orders, and implementing guidelines relating thority as may be prescribed by the Director willful withholding from Congress, on an or specified by law. issue of material fact relating to the fund- to civil rights and civil liberties; ing, administration, or operation of an intel- (3) review, investigate, and assess com- Subtitle B—Responsibilities and Authorities ligence activity. plaints and other information indicating pos- of National Intelligence Director (iii) An action, including a personnel ac- sible abuses of civil rights or civil liberties SEC. 131. PROVISION OF NATIONAL INTEL- tion described in section 2302(a)(2)(A) of title in the administration of the programs and LIGENCE. 5, United States Code, constituting reprisal operations of the Authority, and in the rela- (a) IN GENERAL.—Under the direction of the or threat of reprisal prohibited under sub- tionships described in paragraph (1), unless, National Security Council, the National In- telligence Director shall be responsible for section (f)(3)(B) of this section in response to in the determination of the Inspector Gen- providing national intelligence— an employee’s reporting an urgent concern eral of the National Intelligence Authority, (1) to the President; in accordance with this paragraph. the review, investigation, or assessment of a (2) to the heads of other departments and (6) In accordance with section 535 of title particular complaint or information can bet- agencies of the executive branch; 28, United States Code, the Inspector General ter be conducted by the Inspector General; (3) to the Chairman of the Joint Chiefs of shall report to the Attorney General any in- and Staff and senior military commanders; and formation, allegation, or complaint received (4) perform such other duties as may be (4) where appropriate, to the Senate and by the Inspector General relating to viola- prescribed by the Director or specified by House of Representatives and the commit- tions of Federal criminal law that involve a law. tees thereof. program or operation of the Authority, con- SEC. 120. PRIVACY OFFICER OF THE NATIONAL (b) NATIONAL INTELLIGENCE.—Such na- INTELLIGENCE AUTHORITY. sistent with such guidelines as may be issued tional intelligence should be timely, objec- by the Attorney General pursuant to sub- (a) PRIVACY OFFICER OF NATIONAL INTEL- tive, independent of political considerations, section (b)(2) of such section. A copy of each LIGENCE AUTHORITY.—There is a Privacy Offi- and based upon all sources available to the such report shall be furnished to the Direc- cer of the National Intelligence Authority intelligence community. tor. who shall be appointed by the National Intel- SEC. 132. RESPONSIBILITIES OF NATIONAL IN- (i) SEPARATE BUDGET ACCOUNT.—The Na- ligence Director. TELLIGENCE DIRECTOR. tional Intelligence Director shall, in accord- (b) DUTIES.—The Privacy Officer of the Na- (a) IN GENERAL.—The National Intelligence ance with procedures to be issued by the Di- tional Intelligence Authority shall have pri- Director shall— rector in consultation with the congressional mary responsibility for the privacy policy of (1) develop and present to the President on intelligence committees, include in the Na- the National Intelligence Authority, includ- an annual basis a unified budget for the in- tional Intelligence Program budget a sepa- ing— telligence and intelligence-related activities rate account for the Office of Inspector Gen- (1) assuring that the use of technologies of the United States Government; eral of the National Intelligence Authority. sustain, and do not erode, privacy protec- (2) ensure a unified budget for the intel- SEC. 118. INTELLIGENCE COMPTROLLER. tions relating to the use, collection, and dis- ligence and intelligence-related activities of (a) INTELLIGENCE COMPTROLLER.—There is closure of personal information; the United States Government that reflects an Intelligence Comptroller who shall be ap- (2) assuring that personal information con- an appropriate balance among the varieties pointed from civilian life by the National In- tained in Privacy Act systems of records is of technical and human intelligence methods telligence Director. handled in full compliance with fair informa- and analysis; (b) SUPERVISION.—The Intelligence Comp- tion practices as set out in the Privacy Act (3) direct and manage the tasking of collec- troller shall report directly to the National of 1974; tion, analysis, and dissemination of national Intelligence Director. (3) conducting privacy impact assessments intelligence by elements of the intelligence (c) DUTIES.—The Intelligence Comptroller when appropriate or as required by law; and community, including the establishment of shall— (4) performing such other duties as may be requirements and priorities of such tasking; (1) assist the National Intelligence Direc- prescribed by the Director or specified by (4) approve collection and analysis require- tor in the preparation and execution of the law. ments, determine collection and analysis

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8890 CONGRESSIONAL RECORD — SENATE September 7, 2004 priorities, and resolve conflicts in collection guidelines relating to the protection of civil ordinate, prepare, modify, and present to the and analysis priorities levied on national in- liberties and privacy of United States per- President the annual budgets of the elements telligence collection and analysis assets; sons; of the intelligence community within the (5) establish and oversee the National (16) eliminate waste and unnecessary dupli- National Intelligence Program, in consulta- Counterterrorism Center under section 141 cation within the intelligence community; tion with the heads of those elements. and the national intelligence centers under and (B) The budget of an element of the intel- section 142; (17) perform such other functions as the ligence community within the National In- (6) establish requirements and priorities President may direct. telligence Program may not be provided to for foreign intelligence information to be (b) UNIFORM PROCEDURES FOR SENSITIVE the President for transmission to Congress collected under the Foreign Intelligence Sur- COMPARTMENTED INFORMATION.—The Presi- unless the Director has approved such budg- veillance Act of 1978 (50 U.S.C. 1801 et seq.), dent, acting through the National Intel- et. and provide assistance to the Attorney Gen- ligence Director, shall— (2)(A) The Director shall provide guidance eral to ensure that information derived from (1) establish uniform standards and proce- for the development of the annual budgets electronic surveillance or physical searches dures for the grant of access to sensitive for such elements of the intelligence commu- under that Act is disseminated so it may be compartmented information to any officer or nity as are not within the National Intel- used efficiently and effectively for foreign employee of any department, agency, or ele- ligence Program; intelligence purposes, except that the Direc- ment of the United States Government, and (B) The heads of the elements of the intel- tor shall have no authority to direct, man- to employees of contractors of such depart- ligence community referred to in subpara- age, or undertake electronic surveillance or ments, agencies, and elements; graph (A) shall coordinate closely with the physical search operations pursuant to that (2) ensure the consistent implementation Director in the development of the budgets Act unless otherwise authorized by statute of such standards and procedures throughout of such elements, before the submission of or Executive order; the departments, agencies, and elements of their recommendations on such budgets to (7) develop and implement, in consultation the United States Government; and the President. with the heads of the other elements of the (3) ensure that security clearances granted (e) JURISDICTION OF FUNDS UNDER NIP.— intelligence community, personnel policies by individual elements of the intelligence Notwithstanding any other provision of law and programs applicable to the intelligence community are recognized by all elements of and consistent with section 504 of the Na- community that— the intelligence community, and under con- tional Security Act of 1947 (50 U.S.C. 414), (A) facilitate assignments and details of tracts entered into by such elements. any amounts appropriated or otherwise made personnel to the National Counterterrorism SEC. 133. AUTHORITIES OF NATIONAL INTEL- available for the National Intelligence Pro- Center under section 141, to national intel- LIGENCE DIRECTOR. gram shall be appropriated to, and under the ligence centers under section 142, and across (a) ACCESS TO INTELLIGENCE.—To the ex- direct jurisdiction of, the National Intel- agency lines; tent approved by the President, the National ligence Director. (B) set standards for education and train- Intelligence Director shall have access to all (f) ROLE IN REPROGRAMMING.—(1) No funds ing; intelligence related to the national security made available under the National Intel- (C) ensure that the personnel of the intel- which is collected by any department, agen- ligence Program may be reprogrammed by ligence community is sufficiently diverse for cy, or other element of the United States any element of the intelligence community purposes of the collection and analysis of in- Government. within the National Intelligence Program telligence by ensuring the recruitment and (b) DETERMINATION OF BUDGETS FOR NIP without the prior approval of the National AND OTHER INTELLIGENCE ACTIVITIES.—The training of women, minorities, and individ- Intelligence Director except in accordance National Intelligence Director shall deter- uals with diverse ethnic, cultural, and lin- with procedures issued by the Director. mine the annual budget for intelligence and guistic backgrounds; (2) The Director shall consult with the ap- intelligence-related activities of the United (D) make service in more than one element propriate committees of Congress regarding States Government by— of the intelligence community a condition of modifications of existing procedures to expe- (1) developing and presenting to the Presi- promotion to such positions within the intel- dite the reprogramming of funds within the dent an annual budget for the National Intel- ligence community as the Director shall National Intelligence Program. ligence Program, including, in furtherance of specify; (g) TRANSFER OF FUNDS OR PERSONNEL such budget, the review, modification, and (E) ensure the effective management and WITHIN NATIONAL INTELLIGENCE PROGRAM.— approval of budgets of the elements of the in- authority of intelligence community per- (1)(A) In addition to any other authorities telligence community within the National sonnel who are responsible for intelligence available under law for such purposes, the Intelligence Program utilizing the budget community-wide matters; and National Intelligence Director, with the ap- authorities in subsection (d)(1); (F) include the enhancements required proval of the Director of the Office of Man- (2) providing guidance on the development under section 134; agement and Budget, may transfer funds ap- of annual budgets for such elements of the (8) promote and evaluate the utility of na- propriated for a program within the National intelligence community as are not within tional intelligence to consumers within the Intelligence Program to another such pro- United States Government; the National Intelligence Program utilizing the budget authorities in subsection (d)(2); gram and, in accordance with procedures to (9) ensure that appropriate officials of the be developed by the National Intelligence Di- United States Government and other appro- (3) participating in the development by the Secretary of Defense of the annual budget rector and the heads of the departments and priate individuals have access to a variety of agencies concerned, may transfer personnel intelligence assessments and analytical for military intelligence programs and activities outside the National Intelligence authorized for an element of the intelligence views; community to another such element. (10) protect intelligence sources and meth- Program; (4) having direct jurisdiction of amounts (B) The National Intelligence Director may ods from unauthorized disclosure; delegate a duty of the Director under this (11) establish requirements and procedures appropriated or otherwise made available for the National Intelligence Program as speci- subsection only to the Deputy National In- for the classification of information and for fied in subsection (e); and telligence Director. access to classified information; (5) managing and overseeing the execution, (2) A transfer of funds or personnel may be (12) establish requirements and procedures and, if necessary, the modification of the an- made under this subsection only if— for the dissemination of classified informa- nual budget for the National Intelligence (A) the funds or personnel are being trans- tion by elements of the intelligence commu- Program, including directing the reprogram- ferred to an activity that is a higher priority nity; ming and reallocation of funds, and the intelligence activity; (13) establish information sharing and in- transfer of personnel, among and between (B) the need for funds or personnel for such telligence reporting guidelines that maxi- elements of the intelligence community activity is based on unforeseen require- mize the dissemination of information while within the National Intelligence Program ments; and protecting intelligence sources and methods; utilizing the authorities in subsections (f) (C) the transfer does not involve a transfer (14) develop, in consultation with the heads and (g). of funds to the Reserve for Contingencies of of appropriate departments and agencies of (c) SCOPE OF NIP AND JMIP.—The National the Central Intelligence Agency. the United States Government, an inte- Intelligence Director and the Secretary of (3) Funds transferred under this subsection grated information technology network that Defense shall jointly review the programs, shall remain available for the same period as provides for the efficient and secure ex- projects, and activities under the Joint Mili- the appropriations account to which trans- change of intelligence information among all tary Intelligence Program in order to iden- ferred. elements of the intelligence community and tify the programs, projects, and activities (4) Any transfer of funds under this sub- such other entities and persons as the Direc- within the Joint Military Intelligence Pro- section shall be carried out in accordance tor considers appropriate; gram as of the date of the enactment of this with existing procedures applicable to re- (15) ensure compliance by the elements of Act that pertain to national intelligence. programming notifications for the appro- the intelligence community with the Con- Any programs, projects, and activities so priate congressional committees. Any prostitution and all laws, regulations, Executive identified are to be carried out instead with- posed transfer for which notice is given to orders, and implementing guidelines of the in the National Intelligence Program. the appropriate congressional committees United States, including all laws, regula- (d) BUDGET AUTHORITIES.—(1)(A) The Na- shall be accompanied by a report explaining tions, Executive orders, and implementing tional Intelligence Director shall direct, co- the nature of the proposed transfer and how

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8891 it satisfies the requirements of this sub- ommend to the President an individual for ters relating to terrorism that threatens the section. In addition, the congressional intel- nomination to fill the vacancy. national security of the United States. ligence committees shall be promptly noti- (2) Paragraph (1) applies to the following (c) SUPERVISION.—(1) The Director of the fied of any transfer of funds made pursuant positions: to this subsection in any case in which the (A) The Deputy National Intelligence Di- National Counterterrorism Center shall re- transfer would not have otherwise required rector. port to the National Intelligence Director reprogramming notification under proce- (B) The Deputy National Intelligence Di- on— dures in effect as of October 24, 1992. rector for Foreign Intelligence. (A) the budget and programs of the Na- (5) The National Intelligence Director shall (b) CONCURRENCE OF SECRETARY OF DE- tional Counterterrorism Center; promptly submit to the congressional intel- FENSE IN CERTAIN APPOINTMENTS REC- (B) the activities of the Directorate of In- ligence committees and, in the case of the OMMENDED BY NID.—(1) In the event of a va- telligence of the National Counterterrorism transfer of personnel to or from the Depart- cancy in a position referred to in paragraph Center under subsection (f); and ment of Defense, the Committee on Armed (2), the National Intelligence Director shall (C) the conduct of intelligence operations Services of the Senate and the Committee on obtain the concurrence of the Secretary of implemented by other elements of the intel- Armed Services of the House of Representa- Defense before recommending to the Presi- ligence community. tives, a report on any transfer of personnel dent an individual for nomination to fill (2) The Director of the National Counter- made pursuant to this subsection. The Direc- such vacancy. If the Secretary does not con- terrorism Center shall report directly to the tor shall include in any such report an expla- cur in the recommendation, the Director President and the National Security Council nation of the nature of the transfer and how may make the recommendation to the Presi- it satisfies the requirements of this sub- dent without the concurrence of the Sec- on the planning and progress of joint section. retary, but shall include in the recommenda- counterterrorism operations (other than in- SEC. 134. ENHANCED PERSONNEL MANAGEMENT. tion a statement that the Secretary does not telligence operations). (a) REWARDS FOR SERVICE IN CERTAIN POSI- concur in the recommendation. (d) PRIMARY MISSIONS.—The primary mis- TIONS.—(1) The National Intelligence Direc- (2) Paragraph (1) applies to the following sions of the National Counterterrorism Cen- positions: tor shall, under regulations prescribed by the ter shall be as follows: (A) The Director of the National Security Director, provide incentives for service on (1) To unify strategy for the civilian and Agency. the staff of the national intelligence centers, military counterterrorism efforts of the (B) The Director of the National Recon- on the staff of the National Counterter- United States Government. naissance Office. rorism Center, and in other positions in sup- (2) To effectively integrate counterter- (C) The Director of the National port of the intelligence community manage- rorism intelligence and operations across ment functions of the Director. Geospatial-Intelligence Agency. agency boundaries, both inside and outside (2) Incentives under paragraph (1) may in- (c) CONCURRENCE OF NID IN CERTAIN AP- the United States. clude financial incentives, bonuses, and such POINTMENTS.—(1) In the event of a vacancy in other awards and incentives as the Director a position referred to in paragraph (2), the (e) DUTIES AND RESPONSIBILITIES OF DIREC- considers appropriate. head of the department or agency having ju- TOR.—Notwithstanding any other provision (b) ENHANCED PROMOTION FOR SERVICE risdiction over the position shall obtain the of law, at the direction of the President and UNDER NID.—(1) Notwithstanding any other concurrence of the National Intelligence Di- the National Security Council, the Director provision of law, the personnel of an element rector before appointing an individual to fill of the National Counterterrorism Center of the intelligence community who are as- the vacancy or recommending to the Presi- shall— signed or detailed to service under the Na- dent an individual to be nominated to fill the (1) serve, through the National Intelligence tional Intelligence Director shall be pro- vacancy. If the Director does not concur in Director, as the principal adviser to the moted at rates equivalent to or better than the recommendation, the head of the depart- President on intelligence operations relating personnel of such element who are not so as- ment or agency concerned may fill the va- to counterterrorism; signed or detailed. cancy or make the recommendation to the (2) provide unified strategic direction for (2) The Director may prescribe regulations President (as the case may be) without the the civilian and military counterterrorism to carry out this section. concurrence of the Director, but shall notify (c) JOINT CAREER MATTERS.—(1) In carrying the President that the Director does not con- efforts of the United States Government and out section 132(a)(7), the National Intel- cur in appointment or recommendation (as for the effective integration of counterter- ligence Director shall prescribe mechanisms the case may be). rorism intelligence and operations across to facilitate the rotation of personnel of the (2) Paragraph (1) applies to the following agency boundaries, both inside and outside intelligence community through various ele- positions: the United States; ments of the intelligence community in the (A) The Under Secretary of Defense for In- (3) advise the President and the National course of their careers in order to facilitate telligence. Intelligence Director on the extent to which the widest possible understanding by such (B) The Under Secretary of Homeland Se- the counterterrorism program recommenda- personnel of the variety of intelligence re- curity for Information Analysis and Infra- tions and budget proposals of the depart- quirements, methods, and disciplines. structure Protection. ments, agencies, and elements of the United (2) The mechanisms prescribed under para- (C) The Director of the Defense Intel- States Government conform to the priorities graph (1) may include the following: ligence Agency. established by the President and the Na- (A) The establishment of special occupa- (D) The Executive Assistant Director for tional Security Council; tional categories involving service, over the Intelligence of the Federal Bureau of Inves- (4) concur in, or advise the President on, course of a career, in more than one element tigation. the selections of personnel to head the oper- of the intelligence community. (d) RECOMMENDATION OF NID IN TERMI- ating entities of the United States Govern- (B) The provision of rewards for service in NATION OF SERVICE.—The National Intel- ment with principal missions relating to positions undertaking analysis and planning ligence Director may recommend to the counterterrorism, including the head of the of operations involving two or more ele- President or the head of the department or Central Intelligence Agency’s Counterter- ments of the intelligence community. agency concerned the termination of service rorist Center, the head of the Counterter- (C) The establishment of requirements for of any individual serving in any position cov- rorism Division of the Federal Bureau of In- education, training, service, and evaluation ered by this section. vestigation, the coordinator for counterter- that involve service in more than one ele- rorism of the Department of State, and the Subtitle C—Elements of National Intelligence commanders of the Special Operations Com- ment of the intelligence community. Authority (3) It is the sense of Congress that the mand and the Northern Command within the mechanisms prescribed under this subsection SEC. 141. NATIONAL COUNTERTERRORISM CEN- Department of Defense; and should, to the extent practical, seek to dupli- TER. (5) perform such other duties as the Na- cate within the intelligence community the (a) NATIONAL COUNTERTERRORISM CENTER.— tional Intelligence Director may prescribe or joint officer management policies estab- There is within the National Intelligence Au- are prescribed by law. lished by the Goldwater–Nichols Department thority a National Counterterrorism Center. (b) DIRECTOR OF NATIONAL COUNTERTER- (f) DIRECTORATE OF INTELLIGENCE.—(1) The of Defense Reorganization Act of 1986 (Public Director of the National Counterterrorism Law 99–433) and the amendments on joint of- RORISM CENTER.—(1) There is a Director of Center shall establish and maintain within ficer management made by that Act. the National Counterterrorism Center, who shall be the head of the National Counterter- the National Counterterrorism Center a Di- SEC. 135. ROLE OF NATIONAL INTELLIGENCE DI- RECTOR IN APPOINTMENT AND TER- rorism Center, who shall be appointed from rectorate of Intelligence. civilian life by the President, by and with MINATION OF CERTAIN OFFICIALS (2) The Directorate shall utilize the capa- RESPONSIBLE FOR INTELLIGENCE- the advice and consent of the Senate. bilities of the Terrorist Threat Integration RELATED ACTIVITIES. (2) Any individual nominated for appoint- (a) RECOMMENDATION OF NID IN CERTAIN ment as the Director of the National Center (TTIC) transferred to the Directorate APPOINTMENTS.—(1) In the event of a vacancy Counterterrorism Center shall have signifi- by section 182 and such other capabilities as in a position referred to in paragraph (3), the cant expertise in matters relating to the na- the Director of the National Counterter- National Intelligence Director shall rec- tional security of the United States and mat- rorism Center considers appropriate.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8892 CONGRESSIONAL RECORD — SENATE September 7, 2004 (3) The Directorate shall have primary re- (4) The Directorate may not direct the exe- the progress of such department, agency, or sponsibility within the United States Gov- cution of operations assigned under para- element in implementing responsibilities as- ernment for analysis of terrorism and ter- graph (3). signed to such department, agency, or ele- rorist organizations from all sources of intel- (h) STAFF.—(1) The Director of the Na- ment through joint operations plans; and ligence, whether collected inside or outside tional Counterterrorism Center may, in the (D) the provision to the analysts of the Na- the United States. discretion of the Director, appoint deputy di- tional Counterterrorism Center electronic (4) The Directorate shall— rectors of the National Counterterrorism access in real time to information and intel- (A) be the principal repository within the Center to oversee such portions of the oper- ligence collected by such department, agen- United States Government for all-source in- ations of the National Counterterrorism Cen- cy, or element that is relevant to the mis- formation on suspected terrorists, their orter as the Director considers appropriate. sion of the Center. ganizations, and their capabilities; (2) To assist the Director of the National (B) propose intelligence collection require- Counterterrorism Center in fulfilling the du- (3)(A) In the event of a disagreement be- ments for action by elements of the intel- ties and responsibilities of the Director tween the National Counterterrorism Center ligence community inside and outside the under this section, the Director shall employ and the head of a department, agency, or ele- United States; and utilize in the National Counterterrorism ment of the United States Government on a (C) have primary responsibility within the Center a professional staff having an exper- plan developed or responsibility assigned by United States Government for net assess- tise in matters relating to such duties and the Center under this section, the Director of ments and warnings about terrorist threats, responsibilities. the National Counterterrorism Center shall which assessments and warnings shall be (3) In providing for a professional staff for notify the National Security Council of the based on a comparison of terrorist capabili- the National Counterterrorism Center under disagreement. paragraph (2), the Director of the National ties with assessed national vulnerabilities; (B) The National Security Council shall re- Counterterrorism Center may establish as and solve each disagreement of which the Coun- positions in the excepted service such posi- (D) perform such other duties and func- cil is notified under subparagraph (A). tions as the Director of the National tions in the Center as the Director considers Counterterrorism Center may prescribe. appropriate. SEC. 142. NATIONAL INTELLIGENCE CENTERS. (4) The Director of the National Counter- (g) DIRECTORATE OF OPERATIONS.—(1) The (a) NATIONAL INTELLIGENCE CENTERS.—(1) Director of the National Counterterrorism terrorism Center shall ensure, with the approval of the National Intelligence Director, The National Intelligence Director shall es- Center shall establish and maintain within tablish within the National Intelligence Au- the National Counterterrorism Center a Di- that the analytical staff of the National Counterterrorism Center is comprised pri- thority centers (to be known as ‘‘national in- rectorate of Operations. telligence centers’’) to address intelligence (2)(A) The Directorate shall have primary marily of experts from elements in the intel- priorities established by the National Secu- responsibility within the United States Gov- ligence community and from such other per- rity Council. ernment for providing guidance and plans, sonnel in the United States Government as including strategic plans, for joint counter- the Director of the National Counterter- (2) Each national intelligence center shall terrorism operations conducted by the rorism Center considers appropriate. be assigned an area of intelligence responsi- United States Government. (5)(A) In order to meet the requirement in bility, whether expressed in terms of a geo- (B) For purposes of subparagraph (A), joint paragraph (4), the National Intelligence Di- graphic region, in terms of function, or in counterterrorism operations are counterter- rector shall— other terms. rorism operations that— (i) transfer to the staff of the National (3) National intelligence centers shall be (i) involve, or are likely to involve, more Counterterrorism Center any personnel of established at the direction of the President, than one executive agency of the United another element of the intelligence commu- as prescribed by law, or upon the initiative States Government (including the Armed nity that the National Intelligence Director of the National Intelligence Director. Forces of the United States); or considers appropriate; and (ii) are designated as joint operations by (ii) in the case of personnel from a depart- (b) ESTABLISHMENT OF CENTERS.—(1) In es- the Director of the National Counterter- ment, agency, or element of the United tablishing a national intelligence center, the rorism Center. States Government outside the intelligence National Intelligence Director shall assign (3) The Directorate shall— community, request the transfer of such per- lead responsibility for such center to an ele- (A) provide guidance, and develop strategy sonnel from the department, agency, or element of the intelligence community selected and plans for operations, to counter terrorist ment concerned. by the Director for that purpose. (B) The head of a department, agency, or activities based on policy objectives and pri- (2) The Director shall determine the struc- orities established by the National Security element of the United States Government receiving a request for the transfer of per- ture and size of each national intelligence Council; center. (B) develop plans under subparagraph (A) sonnel under subparagraph (A)(ii) shall, to utilizing input from personnel in other de- the extent practicable, approve the request. (3) The Director shall notify Congress of (6) The National Intelligence Director shall partments, agencies, and elements of the the establishment of a national intelligence ensure that the staff of the National United States Government who have exper- center at least 30 days before the date of the Counterterrorism Center has access to all tise in the priorities, functions, assets, pro- establishment of the center. databases maintained by the elements of the grams, capabilities, and operations of such intelligence community that are relevant to (c) DIRECTORS OF CENTERS.—(1) Each na- departments, agencies, and elements with re- the duties of the Center. tional intelligence center shall have as its spect to counterterrorism; (7) The Director of the National Counter- head a Director who shall be appointed by (C) assign responsibilities for counterter- terrorism Center shall evaluate the staff of the National Intelligence Director for that rorism operations to the departments, agen- the National Counterterrorism Center in the purpose. cies, and elements of the United States Gov- performance of their duties. ernment (including the Department of De- (2) The Director of a national intelligence (i) SUPPORT AND COOPERATION OF OTHER center shall serve as the principal adviser to fense and the Armed Forces, the Central In- AGENCIES.—(1) The elements of the intel- telligence Agency, the Federal Bureau of In- the National Intelligence Director on intelligence community and the other depart- ligence matters with respect to the area of vestigation, the Department of Homeland ments, agencies, and elements of the United Security, and other departments, agencies, intelligence responsibility assigned to the States Government shall support, assist, and center. and elements of the United States Govern- cooperate with the National Counterter- ment), consistent with the authorities of rorism Center in carrying out its missions (3) In carrying out duties under paragraph such departments, agencies, and elements, under this section. (3), the Director of a national intelligence which operations shall be conducted by the (2) The support, assistance, and coopera- center shall— department, agency, or element to which as- tion of a department, agency, or element of (A) manage the operations of the center; signed and, in the case of operations assigned the United States Government under this (B) coordinate the provision of administra- to units of the Armed Forces, shall require subsection shall include, but not be limited tion and support by the element of the intel- the concurrence of the Secretary of Defense; to— ligence community with lead responsibility (D) monitor the implementation of oper- (A) the implementation of plans for oper- for the center under subsection (b)(1); ations assigned under subparagraph (C) and ations, whether foreign or domestic, that are (C) submit budget and personnel requests update plans for such operations as nec- developed by the National Counterterrorism for the center to the National Intelligence essary; Center in a manner consistent with the laws Director; (E) report to the President and the Na- and regulations of the United States; (D) seek such assistance from other depart- tional Intelligence Director on the compli- (B) cooperative work with the Director of ments, agencies, and elements of the United ance of the departments, agencies, and ele- the National Counterterrorism Center to en- States Government as are needed to fulfill ments of the United States with the plans sure that ongoing operations of such depart- the mission of the center; and developed under subparagraph (A); and ment, agency, or element do not conflict (E) advise the National Intelligence Direc- (F) perform such other duties and func- with joint operations planned by the Center; tor of the information technology, personnel, tions as the Director of the National (C) reports, upon request, to the Director and other requirements of the center for the Counterterrorism Center may prescribe. of the National Counterterrorism Center on performance of its mission.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8893 (4) The National Intelligence Director shall (4) The supervisors of the staff of a na- based upon written findings made by the offi- ensure that the Director of a national intel- tional center may, with the approval of the cial making such determination or decision, ligence center has sufficient authority, di- National Intelligence Director, reward the which findings shall be final and shall be rection, and control over the center to effec- staff of the center for meritorious perform- available within the National Intelligence tively accomplish the mission of the center. ance by the provision of such performance Authority for a period of at least six years (d) MISSION OF CENTERS.—(1) Each national awards as the National Intelligence Director following the date of such determination or intelligence center shall provide all-source shall prescribe. decision. analysis of intelligence and propose intel- (5) The Director of a national intelligence SEC. 153. PERSONNEL MATTERS. ligence collection requirements in the area center may recommend to the National In- (a) IN GENERAL.—In addition to the au- of intelligence responsibility assigned to the telligence Director the reassignment to the thorities provided in section 134, the Na- center by the National Intelligence Director home element concerned of any personnel tional Intelligence Director may exercise pursuant to intelligence priorities estab- previously assigned or detailed to the center with respect to the personnel of the National lished by the National Security Council. from another element of the intelligence Intelligence Authority any authority of the (2) Within its area of intelligence responsi- community. Director of the Central Intelligence Agency bility, a national intelligence center shall— (h) SUPPORT.—The element of the intel- with respect to the personnel of the Central (A) have primary responsibility for stra- ligence community assigned lead responsi- Intelligence Agency under the Central Intel- tegic analysis of intelligence, fusing all- bility for a national intelligence center ligence Agency Act of 1949 (50 U.S.C. 403a et source intelligence from foreign and domes- under subsection (b)(1) shall be responsible seq.), and other applicable provisions of law, tic sources; for the provision of administrative support as of the date of the enactment of this Act to (B) be the principal repository within the for the center, including the provision of the same extent, and subject to the same United States Government for all-source in- funds to the center necessary for the admin- conditions and limitations, that the Director formation; istration of the center. of the Central Intelligence Agency may exer- (C) identify and propose requirements and cise such authority with respect to personnel priorities for intelligence collection; Subtitle D—Additional Authorities of of the Central Intelligence Agency. (D) have primary responsibility within the National Intelligence Authority (b) RIGHTS AND PROTECTIONS OF EMPLOYEES United States Government for net assess- SEC. 151. USE OF APPROPRIATED FUNDS. AND APPLICANTS.—Employees and applicants ments, where applicable, and warnings; (a) DISPOSAL OF PROPERTY.—(1) If specifi- for employment of the National Intelligence (E) ensure that appropriate officials of the cally authorized to dispose of real property Authority shall have the same rights and United States Government and other appro- of the National Intelligence Authority under protections under the Authority as employ- priate individuals have access to a variety of any law enacted after the date of the enact- ees of the Central Intelligence Agency have intelligence assessments and analytical ment of this Act, the National Intelligence under the Central Intelligence Agency Act of views; Director shall, subject to paragraph (2), exer- 1949, and other applicable provisions of law, (F) provide advice and guidance to the cise such authority in strict compliance with as of the date of the enactment of this Act. President, the National Security Council, subchapter IV of chapter 5 of title 40, United SEC. 154. ETHICS MATTERS. the National Intelligence Director, and the States Code. (a) POLITICAL SERVICE OF PERSONNEL.—Sec- heads of other appropriate departments, (2) The Director shall deposit the proceeds tion 7323(b)(2)(B)(i) of title 5, United States agencies, and elements of the United States of any disposal of property of the National Code, is amended— Government; and Intelligence Authority into the miscella- (1) in subclause (XII), by striking ‘‘or’’ at (G) perform such other duties and respon- neous receipts of the Treasury in accordance the end; and sibilities as the National Intelligence Direc- with section 3302(b) of title 31, United States (2) by inserting after subclause (XIII) the tor may prescribe. Code. following new subclause: (e) INFORMATION SHARING.—(1) The Na- (b) GIFTS.—Gifts or donations of services or ‘‘(XIV) the National Intelligence Author- tional Intelligence Director shall ensure that property of or for the National Intelligence ity; or’’. the Directors of the national intelligence Authority may not be accepted, used, or dis- (b) DELETION OF INFORMATION ABOUT FOR- centers and the other elements of the intel- posed of unless specifically permitted in ad- EIGN GIFTS.—Section 7342(f)(4) of title 5, ligence community undertake appropriate vance in an appropriations Act and only United States Code, is amended— sharing of intelligence analysis and plans for under the conditions and for the purposes (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; operations in order to facilitate the activi- specified in such appropriations Act. (2) in subparagraph (A), as so designated, by striking ‘‘the Director of Central Intel- ties of the centers. SEC. 152. PROCUREMENT AUTHORITIES. ligence’’ and inserting ‘‘the Director of the (2) In order to facilitate information shar- (a) IN GENERAL.—In the performance of its Central Intelligence Agency’’; and ing under paragraph (1), the Directors of the functions, the National Intelligence Author- (3) by adding at the end the following new national intelligence centers shall— ity may exercise the authorities referred to subparagraph: (A) report directly to the National Intel- in section 3(a) of the Central Intelligence ligence Director regarding their activities ‘‘(B) In transmitting such listings for the Agency Act of 1949 (50 U.S.C. 403c(a)). National Intelligence Authority, the Na- under this section; and (b) TREATMENT AS HEAD OF AGENCY.—For (B) coordinate with the Deputy National tional Intelligence Director may delete the the purpose of the exercise of any authority information described in subparagraphs (A) Intelligence Director regarding such activi- referred to in subsection (a) with respect to ties. and (C) of paragraphs (2) and (3) if the Direc- the National Intelligence Authority, a ref- tor certifies in writing to the Secretary of (f) TERMINATION OF CENTERS.—(1) The Na- erence to the head of an agency shall be tional Intelligence Director may terminate a State that the publication of such informa- deemed to be a reference to the National In- national intelligence center if the National tion could adversely affect United States intelligence Director or the Deputy National Intelligence Director determines that the telligence sources.’’. Intelligence Director. center is no longer required to meet an intel- (c) EXEMPTION FROM FINANCIAL DISCLO- (c) DETERMINATION AND DECISIONS.—(1) Any ligence priority established by the National SURES.—Section 105(a)(1) of the Ethics in determination or decision to be made under Security Council. Government Act (5 U.S.C. App.) is amended an authority referred to in subsection (a) by (2) The National Intelligence Director shall by inserting ‘‘the National Intelligence Au- notify Congress of the termination of a na- the head of an agency may be made with re- thority,’’ before ‘‘the Central Intelligence tional intelligence center at least 30 days be- spect to individual purchases and contracts Agency’’. fore the date of the termination of the cen- or with respect to classes of purchases or Subtitle E—Additional Improvements of ter. contracts, and shall be final. Intelligence Activities (2) Except as provided in paragraph (3), the (g) STAFF OF CENTERS.—(1) The head of an SEC. 161. AVAILABILITY TO PUBLIC OF CERTAIN element of the intelligence community shall National Intelligence Director or the Deputy INTELLIGENCE FUNDING INFORMA- assign or detail to a national intelligence National Intelligence Director may, in such TION. center such personnel as the National Intel- official’s discretion, delegate to any officer (a) AMOUNTS REQUESTED EACH FISCAL ligence Director considers appropriate to or other official of the National Intelligence YEAR.—The President shall disclose to the carry out the mission of the center. Authority any authority to make a deter- public for each fiscal year after fiscal year (2) Personnel assigned or detailed to a na- mination or decision as the head of the agen- 2005— tional intelligence center under paragraph cy under an authority referred to in sub- (1) the aggregate amount of appropriations (1) shall be under the authority, direction, section (a). requested in the budget of the President for and control of the Director of the center on (3) The limitations and conditions set forth the fiscal year concerned for the intelligence all matters for which the center has been as- in section 3(d) of the Central Intelligence and intelligence-related activities of the signed responsibility and for all matters re- Agency Act of 1949 (50 U.S.C. 403c(d)) shall United States Government; and lated to the accomplishment of the mission apply to the exercise by the National Intel- (2) the aggregate amount of appropriations of the center. ligence Agency of an authority referred to in requested in the budget of the President for (3) Performance evaluations of personnel subsection (a). the fiscal year concerned for each element or assigned or detailed to a national intel- (4) Each determination or decision re- component of the intelligence community. ligence center under this subsection shall be quired by an authority referred to in the sec- (b) AMOUNTS APPROPRIATED EACH FISCAL undertaken by the supervisors of such per- ond sentence of section 3(d) of the Central YEAR.—Congress shall disclose to the public sonnel at the center. Intelligence Agency Act of 1949 shall be for each fiscal year after fiscal year 2005—

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(1) the aggregate amount of funds appro- (c) RETENTION OF RESPONSIBILITY FOR rector of the Federal Bureau of Investigation priated by Congress for the fiscal year con- CLANDESTINE AND COVERT OPERATIONS.—The shall, subject to the direction and control of cerned for the intelligence and intelligence- Central Intelligence Agency shall retain re- the President, develop and maintain a spe- related activities of the United States Gov- sponsibility for the direction and execution cialized and integrated national security ernment; and of clandestine and covert operations as au- workforce consisting of agents, analysts, lin- (2) the aggregate amount of funds appro- thorized by the President or the National In- guists, and surveillance specialists who are priated by Congress for the fiscal year con- telligence Director and assigned by a na- recruited, trained, and rewarded in a manner cerned for each element or component of the tional intelligence center. which ensures the existence within the Bu- intelligence community. SEC. 164. PARAMILITARY OPERATIONS. reau of an institutional culture with sub- SEC. 162. MERGER OF HOMELAND SECURITY (a) FINDINGS.—Consistent with the report stantial expertise in, and commitment to, COUNCIL INTO NATIONAL SECURITY of the National Commission on Terrorist At- the intelligence and national security mis- COUNCIL. tacks Upon the United States, Congress sions of the Bureau. (a) MERGER OF HOMELAND SECURITY COUN- (2) Each agent employed by the Bureau makes the following findings: CIL INTO NATIONAL SECURITY COUNCIL.—Sec- after the date of the enactment of this Act (1) Prior to September 11, 2001, the Central tion 101 of the National Security Act of 1947 shall receive basic training in both criminal Intelligence Agency relied on proxies to con- (50 U.S.C. 402) is amended— justice matters and national security mat- duct paramilitary operations, with unsatis- (1) in the fourth undesignated paragraph of ters. factory results. subsection (a), by striking clauses (5) and (6) (3) Each agent employed by the Bureau (2) The United States cannot afford to and inserting the following new clauses: after the date of the enactment of this Act build two separate capabilities for carrying ‘‘(5) the Attorney General; shall, to the maximum extent practicable, be out paramilitary operations, and therefore ‘‘(6) the Secretary of Homeland Security;’’; given the opportunity to undergo, during should concentrate responsibility and nec- and such agent’s early service with the Bureau, essary legal authority for such operations in (2) in subsection (b)— meaningful assignments in criminal justice one entity. (A) in paragraph (1), by striking ‘‘and’’ at matters and in national security matters. (3) In conducting future paramilitary oper- the end; (4) The Director shall— ations, Central Intelligence Agency experts (B) in paragraph (2), by striking the period (A) require agents and analysts of the Bu- should be integrated into military training, at the end and inserting a semicolon; and reau to specialize in either criminal justice exercises, and planning, and lead responsi- (C) by adding at the end the following new matters or national security matters; and bility for directing and executing para- paragraphs: (B) in furtherance of the requirement military operations should rest with the De- ‘‘(3) assess the objectives, commitments, under subparagraph (A) and to the maximum partment of Defense. and risks of the United States in the inter- extent practicable, afford agents and ana- (b) SENSE OF CONGRESS ON LEAD RESPONSI- ests of homeland security and make rec- lysts of the Bureau the opportunity to work BILITY FOR PARAMILITARY OPERATIONS.—The ommendations to the President based on in the specialty selected by such agents and Secretary of Defense should have lead re- such assessments; analysts over their entire career with the sponsibility for directing and executing ‘‘(4) oversee and review the homeland secu- Bureau. paramilitary operations, whether clandes- rity policies of the Federal Government and (5) The Director shall carry out a program tine or covert. make recommendations to the President to enhance the capacity of the Bureau to re- (c) SENSE OF CONGRESS ON DISCHARGE cruit and retain individuals with back- based on such oversight and review; and THROUGH SPECIAL OPERATIONS COMMAND.—In grounds in intelligence, international rela- ‘‘(5) perform such other functions as the carrying out the responsibility under sub- tions, language, technology, and other skills President may direct.’’. section (b) the Secretary of Defense should— relevant to the intelligence and national se- (c) REPEAL OF SUPERSEDED AUTHORITY.—(1) Title IX of the Homeland Security Act of (1) assign the Special Operations Command curity missions of the Bureau. (6) The Director shall, to the maximum ex- 2002 (6 U.S.C. 491 et seq.) is repealed. lead responsibility within the Department of (2) The table of contents for that Act is Defense for paramilitary operations; and tent practicable, afford the analysts of the amended by striking the items relating to (2) consolidate responsibility for such oper- Bureau training and career opportunities title IX. ations with the capabilities for training, di- commensurate with the training and career opportunities afforded analysts in other ele- SEC. 163. REFORM OF CENTRAL INTELLIGENCE rection, and execution of such operations. AGENCY. (d) SENSE OF CONGRESS ON JOINT PLAN- ments of the intelligence community. (7) Commencing as soon as practicable (a) FINDINGS.—Consistent with the report NING.—The Secretary of Defense and the Di- of the National Commission on Terrorist At- rector of the Central Intelligence Agency after the date of the enactment of this Act, tacks Upon the United States, Congress should work jointly to plan paramilitary op- each senior manager of the Bureau shall be a makes the following findings: erations. certified intelligence officer. (8) The Director shall, to the maximum ex- (1) Covert operations tend to be highly tac- (e) PARAMILITARY OPERATIONS DEFINED.—In tent practicable, ensure that the successful tical and require close attention. The Cen- this section, the term ‘‘paramilitary operations’’ means operations that, by their tac- completion of advanced training courses, and tral Intelligence Agency should retain re- of one or more assignments to another ele- sponsibility for the direction and execution tics and requirements in military-type personnel, equipment, and training, approxi- ment of the intelligence community, is a of clandestine and covert operations. The precondition to advancement to higher level mate conventional military operations, but Central Intelligence Agency should also con- national security assignments within the that are distinguished from conventional centrate on building capabilities to carry out Bureau. military operations through reliance on such operations and on providing personnel (d) FIELD OFFICE MATTERS.—(1) In improv- who will be directing and executing such op- light infantry, less capability to carry out ing the intelligence capabilities of the Fed- erations in the field. sustained combat operations involving heavy eral Bureau of Investigation under sub- (2) The reconstitution of the analytic and weapons and less capability of sustaining section (b), the Director of the Federal Bu- human intelligence collection capabilities of long-term logistical support. reau of Investigation shall ensure that each the Central Intelligence Agency requires the SEC. 165. IMPROVEMENT OF INTELLIGENCE CA- field office of the Bureau has an official at undiverted attention of the head of the Cen- PABILITIES OF THE FEDERAL BU- the deputy level or higher with responsi- tral Intelligence Agency. REAU OF INVESTIGATION. bility for national security matters. (b) TRANSFORMATION OF CENTRAL INTEL- (a) FINDINGS.—Consistent with the report (2) The Director shall provide for such ex- LIGENCE AGENCY.—The Director of the Cen- of the National Commission on Terrorist At- pansion of the secure facilities in the field tral Intelligence Agency shall transform the tacks Upon the United States, Congress offices of the Bureau as is necessary to en- intelligence and intelligence-related capa- makes the following findings: sure the discharge by the field offices of the bilities of the Central Intelligence Agency (1) The Federal Bureau of Investigation has intelligence and national security missions by— made significant progress in improving its of the Bureau. (1) building the human intelligence capa- intelligence capabilities. (3) The Director shall take appropriate ac- bilities of the clandestine service; (2) The Federal Bureau of Investigation tions to ensure the integration of analysts, (2) building the analytic capabilities of the must fully institutionalize the shift of the agents, linguists, and surveillance personnel Agency; Bureau to a preventive counterterrorism in the field. (3) developing a stronger language pro- posture. (e) BUDGET MATTERS.—The Director of the gram; (b) IMPROVEMENT OF INTELLIGENCE CAPA- Federal Bureau of Investigation shall, in (4) renewing emphasis on the recruitment BILITIES.—The Director of the Federal Bu- consultation with the Director of the Office of operations officers of diverse background reau of Investigation shall continue efforts of Management and Budget, modify the who can blend in more easily in foreign cit- to improve the intelligence capabilities of budget structure of the Federal Bureau of In- ies; the Bureau and to develop and maintain vestigation in order to organize the budget (5) ensuring a seamless relationship be- within the Bureau a national security work- according to the four principal missions of tween human source collection and signals force. the Bureau as follows: collection at the operational level; and (c) NATIONAL SECURITY WORKFORCE.—(1) In (1) Intelligence. (6) providing for a better balance between developing and maintaining a national secu- (2) Counterterrorism and counterintel- unilateral operations and liaison operations. rity workforce under subsection (b), the Di- ligence.

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(3) Crime. ‘‘(b) DUTIES.—In the capacity as Director (V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)). (4) Criminal justice services. of the Central Intelligence Agency, the Di- (W) Section 303(a) (50 U.S.C. 405(a)), both (f) REPORTS.—(1)(A) Not later than 180 days rector of the Central Intelligence Agency places it appears. after the date of the enactment of this Act, shall— (X) Section 501(d) (50 U.S.C. 413(d)). the Director of the Federal Bureau of Inves- ‘‘(1) carry out the responsibilities specified (Y) Section 502(a) (50 U.S.C. 413a(a)). tigation shall submit to Congress a report on in subsection (c); and (Z) Section 502(c) (50 U.S.C. 413a(c)). the progress made as of the date of such re- ‘‘(2) serve as the head of the Central Intel- (AA) Section 503(b) (50 U.S.C. 413b(b)). port in carrying out the requirements of this ligence Agency. (BB) Section 504(a)(3)(C) (50 U.S.C. section. ‘‘(c) RESPONSIBILITIES.—The Director of the 414(a)(3)(C)). (B) The report required by subparagraph Central Intelligence Agency shall— (CC) Section 504(d)(2) (50 U.S.C. 414(d)(2)). (A) shall include an estimate of the resources ‘‘(1) collect intelligence through human (DD) Section 506A(a)(1) (50 U.S.C. 415a– required to complete the expansion of secure sources and by other appropriate means, ex- 1(a)(1)). facilities to carry out the national security cept that the Director of the Central Intel- (EE) Section 603(a) (50 U.S.C. 423(a)). mission of the field offices of the Federal Bu- ligence Agency shall have no police, sub- (FF) Section 702(a)(1) (50 U.S.C. 432(a)(1)). reau of Investigation. poena, or law enforcement powers or internal (GG) Section 702(a)(6)(B)(viii) (50 U.S.C. (2) The Director shall include in each semi- security functions; 432(a)(6)(B)(viii)). annual program review of the Bureau that is ‘‘(2) correlate and evaluate intelligence re- (HH) Section 702(b)(1) (50 U.S.C. 432(b)(1)), submitted to Congress a report on the lated to the national security and provide both places it appears. progress made by each field office of the Bu- appropriate dissemination of such intel- (II) Section 703(a)(1) (50 U.S.C. 432a(a)(1)). reau during the period covered by such re- ligence; (JJ) Section 703(a)(6)(B)(viii) (50 U.S.C. view in addressing Bureau and national pro- ‘‘(3) perform such additional services as are 432a(a)(6)(B)(viii)). gram priorities. of common concern to the elements of the (KK) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), (3) Not later than 180 days after the date of intelligence community, which services the both places it appears. the enactment of this Act, and every six National Intelligence Director determines (LL) Section 704(a)(1) (50 U.S.C. 432b(a)(1)). months thereafter, the Director shall submit can be more efficiently accomplished cen- (MM) Section 704(f)(2)(H) (50 U.S.C. to Congress a report assessing the qualifica- trally; and 432b(f)(2)(H)). tions, status, and roles of analysts at Bureau ‘‘(4) perform such other functions and du- (NN) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), headquarters and in the field offices of the ties related to intelligence affecting the na- both places it appears. Bureau. tional security as the President, the Na- (OO) Section 1001(a) (50 U.S.C. 441g(a)). (4) Not later than 180 days after the date of tional Security Council, or the National In- (PP) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)). the enactment of this Act, and every six telligence Director may direct. (QQ) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)). months thereafter, the Director shall submit ‘‘(d) TERMINATION OF EMPLOYMENT OF CIA (RR) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)). to Congress a report on the progress of the EMPLOYEES.—(1) Notwithstanding the provi- (SS) Section 1102(d) (50 U.S.C. 442a(d)). Bureau in implementing information-sharing sions of any other law, the Director of the principles. (2) That Act is further amended by striking Central Intelligence Agency may, in the dis- ‘‘of Central Intelligence’’ each place it ap- (5) A report required by this subsection cretion of the Director, terminate the em- shall be submitted— pears in the following provisions: ployment of any officer or employee of the (A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). (A) to each committee of Congress that has Central Intelligence Agency whenever the jurisdiction over the subject matter of such (B) Section 105B(a)(2) (50 U.S.C. 403– Director considers the termination of em- 5b(a)(2)). report; and ployment of such officer or employee nec- (B) in an unclassified form, but may in- (C) Section 105B(b) (50 U.S.C. 403–5b(b)), the essary or advisable in the interests of the second place it appears. clude a classified annex. United States. SEC. 166. REPORT ON IMPLEMENTATION OF IN- ‘‘(2) Any termination of employment of an (3) That Act is further amended by striking TELLIGENCE COMMUNITY REFORM. officer or employee under paragraph (1) shall ‘‘Director’’ each place it appears in the fol- Not later than one year after the date of not affect the right of the officer or em- lowing provisions and inserting ‘‘National the enactment of this Act, the National In- ployee to seek or accept employment in any Intelligence Director’’: telligence Director shall submit to Congress other department, agency, or element of the (A) Section 114(c) (50 U.S.C. 404i(c)). a report on the progress made in the imple- United States Government if declared eligi- (B) Section 116(b) (50 U.S.C. 404k(b)). mentation of this title, including the amend- ble for such employment by the Office of (C) Section 1001(b) (50 U.S.C. 441g(b)). ments made by this title. The report shall Personnel Management.’’. (C) Section 1001(c) (50 U.S.C. 441g(c)), the include a comprehensive description of the SEC. 172. CONFORMING AMENDMENTS RELATING first place it appears. progress made, and may include such rec- TO ROLES OF NATIONAL INTEL- (D) Section 1001(d)(1)(B) (50 U.S.C. ommendations for additional legislative or LIGENCE DIRECTOR AND DIRECTOR 441g(d)(1)(B)). administrative action as the Director con- OF THE CENTRAL INTELLIGENCE (E) Section 1001(e) (50 U.S.C. 441g(e)), the siders appropriate. AGENCY. first place it appears. (a) NATIONAL SECURITY ACT OF 1947.—(1) Subtitle F—Conforming and Other (4) Section 114A of that Act (50 U.S.C. 404i– The National Security Act of 1947 (50 U.S.C. Amendments 1) is amended by striking ‘‘Director of Cen- 401 et seq.) is amended by striking ‘‘Director SEC. 171. RESTATEMENT AND MODIFICATION OF tral Intelligence’’ and inserting ‘‘National of Central Intelligence’’ each place it ap- Intelligence Director, the Director of the BASIC AUTHORITY OF THE CENTRAL pears in the following provisions and insert- INTELLIGENCE AGENCY. Central Intelligence Agency’’ ing ‘‘National Intelligence Director’’: Title I of the National Security Act of 1947 (5) Section 504(a)(2) of that Act (50 U.S.C. (50 U.S.C. 402 et seq.) is amended by striking (A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)). (B) Section 101(h)(2)(A) (50 U.S.C. 414(a)(2)) is amended by striking ‘‘Director of sections 102 through 104 and inserting the Central Intelligence’’ and inserting ‘‘Direc- following new sections: 402(h)(2)(A)). (C) Section 101(h)(5) (50 U.S.C. 402(h)(5)). tor of the Central Intelligence Agency’’. ‘‘CENTRAL INTELLIGENCE AGENCY (D) Section 101(i)(2)(A) (50 U.S.C. (6) Section 701 of that Act (50 U.S.C. 431) is ‘‘SEC. 102. (a) CENTRAL INTELLIGENCE AGEN- 402(i)(2)(A)). amended— CY.—There is a Central Intelligence Agency. (E) Section 101(j) (50 U.S.C. 402(j)). (A) in subsection (a), by striking ‘‘Oper- ‘‘(b) FUNCTION.—The function of the Cen- (F) Section 105(a) (50 U.S.C. 403–5(a)). ational files of the Central Intelligence tral Intelligence Agency is to assist the Di- (G) Section 105(b)(6)(A) (50 U.S.C. 403– Agency may be exempted by the Director of rector of the Central Intelligence Agency in 5(b)(6)(A)). Central Intelligence’’ and inserting ‘‘The Di- carrying out the responsibilities specified in (H) Section 105B(a)(1) (50 U.S.C. 403– rector of the Central Intelligence Agency, section 103(c). 5b(a)(1)). with the coordination of the National Intel- ‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE (I) Section 105B(b) (50 U.S.C. 403–5b(b)), the ligence Director, may exempt operational AGENCY first place it appears. files of the Central Intelligence Agency’’; ‘‘SEC. 103. (a) DIRECTOR OF CENTRAL INTEL- (J) Section 110(b) (50 U.S.C. 404e(b)). and LIGENCE AGENCY.—(1) There is a Director of (K) Section 110(c) (50 U.S.C. 404e(c)). (B) in subsection (g)(1), by striking ‘‘Direc- the Central Intelligence Agency who shall be (L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)). tor of Central Intelligence’’ and inserting appointed by the President, by and with the (M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)). ‘‘Director of the Central Intelligence Agency advice and consent of the Senate. (N) Section 113(b)(2)(A) (50 U.S.C. and the National Intelligence Director’’. ‘‘(2) The Director of the Central Intel- 404h(b)(2)(A)). (7) The heading for section 114 of that Act ligence Agency also serves as the Deputy Na- (O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)). (50 U.S.C. 404i) is amended to read as follows: tional Intelligence Director for Foreign In- (P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)). ‘‘ADDITIONAL ANNUAL REPORTS FROM THE telligence under section 114(b) of the Na- (R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)). NATIONAL INTELLIGENCE DIRECTOR’’. tional Intelligence Authority Act of 2004 and, (S) Section 115(b) (50 U.S.C. 404j(b)). in that capacity, has the duties and respon- (T) Section 115(c)(1)(B) (50 U.S.C. (b) CENTRAL INTELLIGENCE AGENCY ACT OF sibilities provided for in paragraph (3) of that 404j(c)(1)(B)). 1949.—(1) The Central Intelligence Agency section. (U) Section 116(a) (50 U.S.C. 404k(a)). Act of 1949 (50 U.S.C. 403a et seq.) is amended

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8896 CONGRESSIONAL RECORD — SENATE September 7, 2004 by striking ‘‘Director of Central Intel- ing ‘‘National Intelligence Director shall es- Year 2003 (Public Law 107–306; 50 U.S.C. 404n– ligence’’ each place it appears in the fol- tablish within the Central Intelligence Agen- 2(c)) is amended by striking ‘‘section 103(c)(6) lowing provisions and inserting ‘‘National cy’’. of the National Security Act of 1947 (50 Intelligence Director’’: (D) Section 352(b) of that Act (50 U.S.C. U.S.C. 403–3((c)(6))’’ and inserting ‘‘section (A) Section 6 (50 U.S.C. 403g). 404–3 note) is amended by striking ‘‘Direc- 132(a)(9) of the National Intelligence Author- (B) Section 17(f) (50 U.S.C. 403q(f)), both tor’’ and inserting ‘‘National Intelligence Di- ity Act of 2004’’. places it appears. rector’’. (B) Section 904 of that Act (50 U.S.C. 402c) (2) That Act is further amended by striking (3) PUBLIC LAW 108–177.—(A) The Intelligence is amended— ‘‘of Central Intelligence’’ in each of the fol- Authorization Act for Fiscal Year 2004 (Pub- (i) in subsection (c), by striking ‘‘Office of lowing provisions: lic Law 108–177) is amended by striking ‘‘Di- the Director of Central Intelligence’’ and in- (A) Section 2 (50 U.S.C. 403b). rector of Central Intelligence’’ each place it serting ‘‘Office of the National Intelligence (B) Section 16(c)(1)(B) (50 U.S.C. appears in the following provisions and in- Director’’; and 403p(c)(1)(B)). serting ‘‘National Intelligence Director’’: (ii) in subsection (l), by striking ‘‘Office of (C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)). (i) Section 317(a) (50 U.S.C. 403–3 note). the Director of Central Intelligence’’ and in- (D) Section 20(c) (50 U.S.C. 403t(c)). (ii) Section 317(h)(1). serting ‘‘Office of the National Intelligence (3) That Act is further amended by striking (iii) Section 318(a) (50 U.S.C. 441g note). Director’’. ‘‘Director of Central Intelligence’’ each place (iv) Section 319(b) (50 U.S.C. 403 note). (2) PUBLIC LAW 108–177.—Section 317 of the it appears in the following provisions and in- (v) Section 341(b) (28 U.S.C. 519 note). Intelligence Authorization Act for Fiscal serting ‘‘Director of the Central Intelligence (vi) Section 357(a) (50 U.S.C. 403 note). Year 2004 (Public Law 108–177; 50 U.S.C. 403– Agency’’: (vii) Section 504(a) (117 Stat. 2634), both 3 note) is amended— (A) Section 14(b) (50 U.S.C. 403n(b)). places it appears. (A) in subsection (g), by striking ‘‘Assist- (B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)). (B) Section 319(f)(2) of that Act (50 U.S.C. ant Director of Central Intelligence for Anal- (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), 403 note) is amended by striking ‘‘Director’’ ysis and Production’’ and inserting ‘‘Deputy both places it appears. the first place it appears and inserting ‘‘Na- National Intelligence Director’’; and (D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)). tional Intelligence Director’’. (B) in subsection (h)(2)(C), by striking ‘‘As- (E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)). (C) Section 404 of that Act (18 U.S.C. 4124 sistant Director’’ and inserting ‘‘Deputy Na- (c) CENTRAL INTELLIGENCE AGENCY RETIRE- note) is amended by striking ‘‘Director of tional Intelligence Director’’. MENT ACT.—Section 101 of the Central Intel- Central Intelligence’’ and inserting ‘‘Direc- SEC. 174. ELEMENTS OF INTELLIGENCE COMMU- ligence Agency Retirement Act (50 U.S.C. tor of the Central Intelligence Agency’’. NITY UNDER NATIONAL SECURITY 2001) is amended by striking paragraph (2) ACT OF 1947. SEC. 173. OTHER CONFORMING AMENDMENTS and inserting the following new paragraph Paragraph (4) of section 3 of the National (2): (a) NATIONAL SECURITY ACT OF 1947.—(1) Security Act of 1947 (50 U.S.C. 401a) is Section 101(j) of the National Security Act of ‘‘(2) DIRECTOR.—The term ‘Director’ means amended to read as follows: the Director of the Central Intelligence 1947 (50 U.S.C. 402(j)) is amended by striking ‘‘(4) The term ‘intelligence community’ in- Agency.’’. ‘‘Deputy Director of Central Intelligence’’ cludes the following: (d) CIA VOLUNTARY SEPARATION PAY ACT.— and inserting ‘‘Deputy National Intelligence ‘‘(A) The National Intelligence Authority. Subsection (a)(1) of section 2 of the Central Director’’. ‘‘(B) The Central Intelligence Agency. Intelligence Agency Voluntary Separation (2) Section 112(d)(1) of that Act (50 U.S.C. ‘‘(C) The National Security Agency. Pay Act (50 U.S.C. 2001 note) is amended to 404g(d)(1)) is amended by striking ‘‘section ‘‘(D) The Defense Intelligence Agency. read as follows: 103(c)(6) of this Act’’ and inserting ‘‘section ‘‘(E) The National Geospatial-Intelligence ‘‘(1) the term ‘Director’ means the Director 132(a)(9) of the National Intelligence Author- Agency. of the Central Intelligence Agency;’’. ity Act of 2004’’. ‘‘(F) The National Reconnaissance Office. (e) FOREIGN INTELLIGENCE SURVEILLANCE (3) Section 116(b) of that Act (50 U.S.C. ‘‘(G) Other offices within the Department ACT OF 1978.—(1) The Foreign Intelligence 404k(b)) is amended by striking ‘‘to the Dep- of Defense for the collection of specialized Surveillance Act of 1978 (50 U.S.C. 1801 et uty Director of Central Intelligence, or with national intelligence through reconnaissance seq.) is amended by striking ‘‘Director of respect to employees of the Central Intel- programs. Central Intelligence’’ each place it appears ligence Agency, the Director may delegate ‘‘(H) The intelligence elements of the and inserting ‘‘National Intelligence Direc- such authority to the Deputy Director for Army, the Navy, the Air Force, the Marine tor’’. Operations’’ and inserting ‘‘to the Deputy Corps, the Federal Bureau of Investigation, (f) CLASSIFIED INFORMATION PROCEDURES National Intelligence Director, or with re- and the Department of Energy. ACT.—Section 9(a) of the Classified Informa- spect to employees of the Central Intel- ‘‘(I) The Bureau of Intelligence and Re- tion Procedures Act (5 U.S.C. App.) is amend- ligence Agency, to the Director of the Cen- search of the Department of State. ed by striking ‘‘Director of Central Intel- tral Intelligence Agency’’. ‘‘(J) The Office of Intelligence and Anal- ligence’’ and inserting ‘‘National Intel- (4) Section 506A(b)(1) of that Act (50 U.S.C. ysis of the Department of the Treasury. ligence Director’’. 415a–1(b)(1)) is amended by striking ‘‘Office ‘‘(K) The elements of the Department of (g) INTELLIGENCE AUTHORIZATION ACTS.— of the Deputy Director of Central Intel- Homeland Security concerned with the anal- (1) PUBLIC LAW 103–359.—Section 811(c)(6)(C) ligence’’ and inserting ‘‘Office of the Na- ysis of intelligence information, including of the Counterintelligence and Security En- tional Intelligence Director’’. the Office of Intelligence of the Coast Guard. hancements Act of 1994 (title VIII of Public (5) Section 701(c)(3) of that Act (50 U.S.C. ‘‘(L) Such other elements of any other de- Law 103–359) is amended by striking ‘‘Direc- 431(c)(3)) is amended by striking ‘‘Office of partment or agency as may be designated by tor of Central Intelligence’’ and inserting the Director of Central Intelligence’’ and in- the President, or designated jointly by the ‘‘National Intelligence Director’’. serting ‘‘Office of the National Intelligence National Intelligence Director and the head (2) PUBLIC LAW 107–306.—(A) The Intelligence Director’’. of the department or agency concerned, as Authorization Act for Fiscal Year 2003 (Pub- (6) Section 1001(b) of that Act (50 U.S.C. an element of the intelligence community.’’. lic Law 107–306) is amended by striking ‘‘Di- 441g(b)) is amended by striking ‘‘Assistant SEC. 175. REDESIGNATION OF NATIONAL FOR- rector of Central Intelligence, acting as the Director of Central Intelligence for Adminis- EIGN INTELLIGENCE PROGRAM AS head of the intelligence community,’’ each tration’’ and inserting ‘‘Office of the Na- NATIONAL INTELLIGENCE PRO- place it appears in the following provisions tional Intelligence Director’’. GRAM. and inserting ‘‘National Intelligence Direc- (b) CENTRAL INTELLIGENCE ACT OF 1949.— (a) REDESIGNATION.—Paragraph (6) of sector’’: Section 6 of the Central Intelligence Agency tion 3 of the National Security Act of 1947 (50 (i) Section 313(a) (50 U.S.C. 404n(a)). Act of 1949 (50 U.S.C. 403g) is amended by U.S.C. 401a) is amended to read as follows: (ii) Section 343(a)(1) (50 U.S.C. 404n–2(a)(1)) striking ‘‘section 103(c)(7) of the National Se- ‘‘(6) The term ‘National Intelligence Pro- (B) That Act is further amended by strik- curity Act of 1947 (50 U.S.C. 403–3(c)(7))’’ and gram’— ing ‘‘Director of Central Intelligence’’ each inserting ‘‘section 132(a)(9) of the National ‘‘(A)(i) refers to all national intelligence place it appears in the following provisions Intelligence Authority Act of 2004’’. programs, projects, and activities of the ele- and inserting ‘‘National Intelligence Direc- (c) CENTRAL INTELLIGENCE AGENCY RETIRE- ments of the intelligence community; and tor’’: MENT ACT.—Section 201(c) of the Central In- ‘‘(ii) includes all programs, projects, and (i) Section 902(a)(2) (50 U.S.C. 402b(a)(2)). telligence Agency Retirement Act (50 U.S.C. activities (whether or not pertaining to na- (ii) Section 904(e)(4) (50 U.S.C. 402c(e)(4)). 2011(c)) is amended by striking ‘‘paragraph tional intelligence) of the National Intel- (iii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)). (6) of section 103(c) of the National Security ligence Authority, the Central Intelligence (iv) Section 904(h) (50 U.S.C. 402c(h)), each Act of 1947 (50 U.S.C. 403–3(c)) that the Direc- Agency, the National Security Agency, the place it appears. tor of Central Intelligence’’ and inserting National Geospatial-Intelligence Agency, the (v) Section 904(m) (50 U.S.C. 402c(m)). ‘‘section 132(a)(9) of the National Intel- National Reconnaissance Office, the Office of (C) Section 341 of that Act (50 U.S.C. 404n– ligence Authority Act of 2004 that the Na- Intelligence of the Federal Bureau of Inves- 1) is amended by striking ‘‘Director of Cen- tional Intelligence Director’’. tigation, and the Directorate of Information tral Intelligence, acting as the head of the (d) INTELLIGENCE AUTHORIZATION ACTS.— Analysis and Infrastructure Protection of intelligence community, shall establish in (1) PUBLIC LAW 107–306.—(A) Section 343(c) of the Department of Homeland Security; but the Central Intelligence Agency’’ and insert- the Intelligence Authorization Act for Fiscal ‘‘(B) does not refer—

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8897 ‘‘(i) to any program, project, or activity ment of an individual as Under Secretary is including all functions and activities dis- pertaining solely to the requirements of a subject to the provisions of section 135(c) of charged by the Terrorist Threat Integration single department, agency, or element of the the National Intelligence Authority Act of Center as of the date of the enactment of United States Government; or 2004.’’; and this Act. ‘‘(ii) to any program, project, or activity of (2) in subsection (b)— (b) ADMINISTRATION.—The Director of the the military departments to acquire intel- (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and National Counterterrorism Center shall ad- ligence solely for the planning and conduct (B) by adding at the end the following new minister the Terrorist Threat Integration of tactical military operations by the United paragraph: Center after the date of the enactment of States Armed Forces.’’. ‘‘(2) In addition to the duties and powers this Act as a component of the Directorate (b) CONFORMING AMENDMENTS.—(1) The Na- provided for under paragraph (1), the Under of Intelligence of the National Counterter- tional Security Act of 1947, as amended by Secretary of Defense for Intelligence also rorism Center under section 141(f)(2). this Act, is further amended by striking serves as Deputy National Intelligence Di- SEC. 183. TERMINATION OF POSITIONS OF AS- ‘‘National Foreign Intelligence Program’’ rector for Defense Intelligence under section SISTANT DIRECTORS OF CENTRAL each place it appears in the following provi- 114(c) of the National Intelligence Authority INTELLIGENCE. sions and inserting ‘‘National Intelligence Act of 2004, and, in that capacity, has the du- (a) TERMINATION.—The positions within the Program’’: ties and responsibilities set forth in para- Central Intelligence Agency referred to in (A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). graph (3) of such section.’’. subsection (b) are hereby abolished. (B) Section 105(a)(3) (50 U.S.C. 403–5(a)(3)). (c) UNDER SECRETARY OF HOMELAND SECU- (b) COVERED POSITIONS.—The positions (C) Section 506(a) (50 U.S.C. 415a(a)). RITY FOR INFORMATION ANALYSIS AND INFRA- within the Central Intelligence Agency re- (2) Section 17(f) of the Central Intelligence STRUCTURE PROTECTION.—Section 201(a) of ferred to in this subsection are as follows: Agency Act of 1949 (50 U.S.C. 403q(f)) is the Homeland Security Act of 2002 (6 U.S.C. (1) The Assistant Director of Central Intel- amended by striking ‘‘National Foreign In- 201(a)) is amended— ligence for Collection. telligence Program’’ and inserting ‘‘National (1) in paragraph (1), by adding at the end (2) The Assistant Director of Central Intel- Intelligence Program’’. the following new sentence: ‘‘The appoint- ligence for Analysis and Production. (c) HEADING AMENDMENTS.—(1) The heading ment of an individual as Under Secretary is (3) The Assistant Director of Central Intel- of section 105 of that Act is amended by subject to the provisions of section 135(c) of ligence for Administration. striking ‘‘FOREIGN’’. the National Intelligence Authority Act of SEC. 184. TERMINATION OF JOINT MILITARY IN- (2) The heading of section 506 of that Act is 2004.’’; and TELLIGENCE PROGRAM. amended by striking ‘‘FOREIGN’’. (2) by adding at the end the following new Effective as of October 1, 2005, the Joint SEC. 176. REPEAL OF SUPERSEDED AUTHORI- paragraph: Military Intelligence Program is abolished. TIES. ‘‘(3) CONCURRENT SERVICE AS DEPUTY NA- SEC. 185. EXECUTIVE SCHEDULE MATTERS. (a) APPOINTMENT OF CERTAIN INTELLIGENCE TIONAL INTELLIGENCE DIRECTOR FOR HOMELAND (a) EXECUTIVE SCHEDULE LEVEL I.—Section OFFICIALS.—Section 106 of the National Secu- INTELLIGENCE.—Upon the election of the Na- 5312 of title 5, United States Code, is amend- rity Act of 1947 (50 U.S.C. 403–6) is repealed. tional Intelligence Director, the Under Sec- ed by adding the end the following new item: OLLECTION TASKING AUTHORITY.—Sec- (b) C retary also serves as the Deputy National In- ‘‘National Intelligence Director.’’. tion 111 of the National Security Act of 1947 telligence Director for Homeland Intel- (b) EXECUTIVE SCHEDULE LEVEL II.—Sec- (50 U.S.C. 404f) is repealed. ligence under section 114(d) of the National tion 5313 of title 5, United States Code, is SEC. 177. CLERICAL AMENDMENTS TO NATIONAL Intelligence Authority Act of 2004, and, in amended by adding at the end the following SECURITY ACT OF 1947. that capacity, has the duties and responsibil- new items: The table of contents for the National Se- ities set forth in paragraph (3) of such sec- ‘‘Deputy National Intelligence Director. curity Act of 1947 is amended— tion.’’. ‘‘Director of the National Counterter- (1) by striking the items relating to sec- (d) EXECUTIVE ASSISTANT DIRECTOR FOR IN- rorism Center.’’. tions 102 through 104 and inserting the fol- TELLIGENCE OF FBI.—Upon the election of (c) EXECUTIVE SCHEDULE LEVEL IV.—Sec- lowing new items: the National Intelligence Director, the Exec- tion 5315 of title 5, United States Code, is ‘‘Sec. 102. Central Intelligence Agency. utive Assistant Director for Intelligence of amended by striking the item relating to the ‘‘Sec. 103. Director of the Central Intel- the Federal Bureau of Investigation also Assistant Directors of Central Intelligence. ligence Agency.’’; serves as the Deputy National Intelligence SEC. 186. PRESERVATION OF INTELLIGENCE CA- (2) by striking the item relating to section Director for Homeland Intelligence under PABILITIES. 105 and inserting the following new item: section 114(d), and, in that capacity, has the The National Intelligence Director, the Di- ‘‘Sec 105. Responsibilities of the Secretary duties and responsibilities set forth in para- rector of the Central Intelligence Agency, of Defense pertaining to the Na- graph (3) of such section. and the Secretary of Defense shall jointly tional Intelligence Program.’’; SEC. 179. CONFORMING AMENDMENT TO INSPEC- take such actions as are appropriate to pre- (3) by striking the item relating to section TOR GENERAL ACT OF 1978. serve the intelligence capabilities of the 114 and inserting the following new item: Section 8H(a)(1) of the Inspector General United States during the establishment of Act of 1978 (5 U.S.C. App.) is amended by add- the National Intelligence Authority under ‘‘Sec. 114. Additional annual reports from this title. the National Intelligence Direc- ing at the end the following new subpara- tor.’’; graph: SEC. 187. GENERAL REFERENCES. ‘‘(D) An employee of the National Intel- (a) DIRECTOR OF CENTRAL INTELLIGENCE AS and ligence Authority, or of a contractor of the HEAD OF INTELLIGENCE COMMUNITY.—Any ref- (4) by striking the item relating to section Authority, who intends to report to Congress erence to the Director of Central Intel- 506 and inserting the following new item: a complaint or information with respect to ligence or the Director of the Central Intel- ‘‘Sec. 506. Specificity of National Intel- an urgent concern may report the complaint ligence Agency in the Director’s capacity as ligence Program budget or information to the Inspector General of the head of the intelligence community in amounts for counterterrorism, the National Intelligence Authority in ac- any law, regulation, document, paper, or counterproliferation, counter- cordance with section 131(h)(5) of the Na- other record of the United States shall be narcotics, and counterintel- tional Intelligence Authority Act of 2004.’’. deemed to be a reference to the National In- ligence’’. Subtitle G—Other Matters telligence Director. SEC. 178. CONFORMING AMENDMENTS RELATING (b) DIRECTOR OF CENTRAL INTELLIGENCE AS TO DUAL SERVICE OF CERTAIN OF- SEC. 181. TRANSFER OF COMMUNITY MANAGE- MENT STAFF. HEAD OF CIA.—Any reference to the Director FICIALS AS DEPUTY NATIONAL IN- of Central Intelligence or the Director of the (a) TRANSFER.—There shall be transferred TELLIGENCE DIRECTORS. Central Intelligence Agency in the Director’s (a) DIRECTOR OF CENTRAL INTELLIGENCE to the Office of the National Intelligence Di- rector the staff of the Community Manage- capacity as the head of the Central Intel- AGENCY.—Section 1 of the Central Intel- ligence Agency in any law, regulation, docu- ligence Agency Act of 1949 (50 U.S.C. 403a) is ment Staff as of the date of the enactment of this Act, including all functions and activi- ment, paper, or other record of the United amended— States shall be deemed to be a reference to (1) by redesignating paragraphs (a), (b), and ties discharged by the Community Manage- ment Staff as of that date. the Director of the Central Intelligence (c) as paragraphs (1), (2), and (3), respec- Agency. tively; and (b) ADMINISTRATION.—The National Intel- ligence Director shall administer the Com- (c) COMMUNITY MANAGEMENT STAFF.—Any (2) by striking paragraph (2), as so redesig- reference to the Community Management nated, and inserting the following new para- munity Management Staff after the date of the enactment of this Act as a component of Staff in any law, regulation, document, graph (2): paper, or other record of the United States ‘‘(2) ‘Director’ means the Director of the the Office of the National Intelligence Direc- tor under section 113(d)(2). shall be deemed to be a reference to the staff Central Intelligence Agency; and’’. of the Office of the National Intelligence Di- (b) UNDER SECRETARY OF DEFENSE FOR IN- SEC. 182. TRANSFER OF TERRORIST THREAT IN- rector. TELLIGENCE.—Section 137 of title 10, United TEGRATION CENTER. States Code, is amended— (a) TRANSFER.—There shall be transferred TITLE II—INFORMATION SHARING (1) in subsection (a), by adding at the end to the National Counterterrorism Center the SEC. 201. INFORMATION SHARING. the following new sentence: ‘‘The appoint- Terrorist Threat Integration Center (TTIC), (a) DEFINITIONS.—In this section:

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(1) NETWORK.—The term ‘‘Network’’ means leadership is required to bring about govern- (2) in consultation with the Privacy and the Information Sharing Network described mentwide change. Civil Liberties Oversight Board established in subsection (c). (c) INFORMATION SHARING NETWORK.— under section 901, issue guidelines that— (2) TERRORISM INFORMATION.—The term (1) ESTABLISHMENT.—The President shall (A) protect privacy and civil liberties in ‘‘terrorism information’’ means all informa- establish an information sharing network to the development and use of the Network; and tion, whether collected, produced, or distrib- promote the sharing of terrorism informa- (B) shall be made public, unless, and only uted by intelligence, law enforcement, mili- tion, in a manner consistent with national to the extent that, nondisclosure is clearly tary, homeland security, or other activities, security and the protection of privacy and necessary to protect national security; relating to— civil liberties. (3) establish objective, systemwide per- (A) the existence, organization, capabili- (2) ATTRIBUTES.—The Network shall pro- formance measures to enable the assessment ties, plans, intentions, vulnerabilities, mote coordination, communication and col- of progress toward achieving full implemen- means of finance or material support, or ac- laboration of people and information among tation of the Network; and tivities of foreign or international terrorist all relevant Federal departments and agen- (4) require Federal departments and agen- groups or individuals, or of domestic groups cies, State, tribal, and local authorities, and cies to promote a culture of information or individuals involved in transnational ter- relevant private sector entities, including sharing by— rorism; owners and operators of critical infrastruc- (A) reducing disincentives to information (B) threats posed by such groups or indi- ture, by using policy guidelines and tech- sharing, including overclassification of infor- viduals to the United States, United States nologies that support— mation and unnecessary requirements for persons, or United States interests, or to (A) a decentralized, distributed, and co- originator approval; and those of other nations; ordinated environment that connects exist- (B) providing affirmative incentives for in- (C) communications of or by such groups ing systems where appropriate and allows formation sharing, such as the incorporation or individuals; or users to share information horizontally of information sharing performance meas- (D) information relating to groups or indi- across agencies, vertically between levels of ures into agency and managerial evalua- viduals reasonably believed to be assisting or government, and, as appropriate, with the tions, and employee awards for promoting associated with such groups or individuals. private sector; innovative information sharing practices. (b) FINDINGS.—Consistent with the report (B) building on existing systems capabili- of the National Commission on Terrorist At- ties at relevant agencies; (f) SYSTEM DESIGN AND IMPLEMENTATION tacks Upon the United States, Congress (C) utilizing industry best practices, in- PLAN.—Not later than 270 days after the date makes the following findings: cluding minimizing the centralization of of enactment of this Act, the President shall (1) The effective use of information, from data and seeking to use common tools and submit to Congress a system design and im- all available sources, is essential to the fight capabilities whenever possible; plementation plan for the Network. The plan against terror and the protection of our (D) employing an information rights man- shall be prepared by the President through homeland. The biggest impediment to all- agement approach that controls access to the Director of Management and Budget and source analysis, and to a greater likelihood data rather than to whole networks; in consultation with the National Intel- of ‘‘connecting the dots’’, is resistance to (E) facilitating the sharing of information ligence Director, the Attorney General, the sharing information. at and across all levels of security by using Secretary of Homeland Security, the Sec- (2) The United States Government has ac- policy guidelines and technologies that sup- retary of Defense, the Secretary of State, the cess to a vast amount of information, includ- port writing information that can be broadly ing not only traditional intelligence but also Director of the Federal Bureau of Investiga- shared; tion, the Director of the Central Intelligence other government databases, such as those (F) providing directory services for locat- containing customs or immigration informa- Agency, and such other Federal officials as ing people and information; the President shall designate, and shall in- tion. But the United States Government has (G) incorporating protections for individ- clude— a weak system for processing and using the uals’ privacy and civil liberties; information it has. (1) a description of the parameters of the (H) incorporating mechanisms for informa- (3) In the period leading up to September proposed Network, including functions, capa- tion security; and 11, 2001, there were instances of potentially bilities, and resources; (I) access controls, authentication and au- helpful information that was available but (2) a description of the technological, legal, thorization, audits, and other strong mecha- that no person knew to ask for; information and policy issues presented by the creation nisms for information security and privacy that was distributed only in compartmented of the Network described in subsection (c), guideline enforcement across all levels of se- channels; and information that was re- and the ways in which these issues will be curity, in order to enhance accountability quested but could not be shared. addressed; and facilitate oversight. (4) Current security requirements nurture (3)(A) a delineation of the roles of the Fed- (d) IMMEDIATE STEPS.—Not later than 90 overclassification and excessive days after the date of enactment of this Act, eral departments and agencies that will par- compartmentalization of information among the President, through the Director of Man- ticipate in the development of the Network, agencies. Each agency’s incentive structure agement and Budget and in consultation including— opposes sharing, with risks, including crimi- with the National Intelligence Director, the (i) identification of any agency that will nal, civil, and administrative sanctions, but Attorney General, the Secretary of Home- build the infrastructure needed to operate few rewards for sharing information. land Security, the Secretary of Defense, the and manage the Network (as distinct from (5) The current system, in which each in- Secretary of State, the Director of the Fed- the individual agency components that are telligence agency has its own security prac- eral Bureau of Investigation, the Director of to be part of the Network); and tices, requires a demonstrated ‘‘need to the Central Intelligence Agency, and such (ii) identification of any agency that will know’’ before sharing. This approach as- other Federal officials as the President shall operate and manage the Network (as distinct sumes that it is possible to know, in ad- designate, shall— from the individual agency components that vance, who will need to use the information. (1) establish electronic directory services are to be part of the Network); An outgrowth of the cold war, such a system to assist in locating in the Federal Govern- (B) a provision that the delineation of roles implicitly assumes that the risk of inad- ment terrorism information and people with under subparagraph (A) shall— vertent disclosure outweighs the benefits of relevant knowledge about terrorism infor- (i) be consistent with the authority of the wider sharing. Such assumptions are no mation; and National Intelligence Director, under this longer appropriate. Although counterintel- (2) conduct a review of relevant current Act, to set standards for information sharing ligence concerns are still real, the costs of Federal agency capabilities, including a and information technology throughout the not sharing information are also substantial. baseline inventory of current Federal sys- intelligence community; and The current ‘‘need-to-know’’ culture of infor- tems that contain terrorism information, (ii) recognize the role of the Department of mation protection needs to be replaced with the money currently spent to maintain those Homeland Security in coordinating with a ‘‘need-to-share’’ culture of integration. systems, and identification of other informa- State, tribal, and local officials and the pri- (6) A new approach to the sharing of ter- tion that should be included in the Network. vate sector; rorism information is urgently needed. An (e) GUIDELINES.—As soon as possible, but in (4) a description of the technological re- important conceptual model for a new no event later than 180 days after the date of quirements to appropriately link and en- ‘‘trusted information network’’ is the Sys- enactment of this Act, the President shall— hance existing networks and a description of temwide Homeland Analysis and Resource (1) in consultation with the National Intel- the system design that will meet these re- Exchange (SHARE) Network proposed by a ligence Director and the Advisory Council on quirements; task force of leading professionals assembled Information Sharing established in sub- (5) a plan, including a time line, for the de- by the Markle Foundation and described in section (g), issue guidelines for acquiring, ac- velopment and phased implementation of the reports issued in October 2002 and December cessing, sharing, and using terrorism infor- Network; 2003. mation, including guidelines to ensure such (6) total budget requirements to develop (7) No single agency can create a meaning- information is provided in its most shareable and implement the Network, including the ful information sharing system on its own. form, such as by separating out data from estimated annual cost for each of the 5 years Alone, each agency can only modernize the sources and methods by which they are following the date of enactment of this Act; stovepipes, not replace them. Presidential obtained; and

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8899 (7) proposals for any legislation that the (2) objective systemwide performance goals (2) annually thereafter, reports including— President believes necessary to implement for the following year; (A) an assessment of the department’s or the Network. (3) an accounting of how much was spent agency’s progress in complying with the Net- (g) ADVISORY COUNCIL ON INFORMATION on the Network in the preceding year; work’s requirements, including how well the SHARING.— (4) actions taken to ensure that agencies department or agency has performed on the (1) ESTABLISHMENT.—There is established procure new technology that is consistent objective measures developed under para- an Advisory Council on Information Sharing with the Network and information on wheth- graph (1); (in this subsection referred to as the ‘‘Coun- er new systems and technology are con- (B) the department’s or agency’s expendi- cil’’). sistent with the Network; tures to implement and comply with the (2) MEMBERSHIP.—No more than 25 individ- (5) the extent to which, in appropriate cir- Network’s requirements in the preceding uals may serve as members of the Council, cumstances, all terrorism watch lists are year; which shall include— available for combined searching in real (C) the department’s or agency’s plans for (A) the National Intelligence Director, who time through the Network and whether there further implementation of the Network in shall serve as Chairman of the Council; are consistent standards for placing individ- the year following the submission of the re- (B) the Secretary of Homeland Security; uals on, and removing individuals from, the port. (C) the Secretary of Defense; watch lists, including the availability of (j) PERIODIC ASSESSMENTS.— (D) the Attorney General; processes for correcting errors; (1) IN GENERAL.—Not later than 1 year after (E) the Secretary of State; (6) the extent to which unnecessary road- the date of enactment of this Act, and peri- (F) the Director of the Central Intelligence blocks or disincentives to information shar- odically thereafter, the Government Ac- Agency; ing, including the inappropriate use of paper- countability Office shall review and evaluate (G) the Director of the Federal Bureau of only intelligence products and requirements the implementation of the Network, both Investigation; for originator approval, have been elimi- generally and, at its discretion, within spe- (H) the Director of Management and Budg- nated; cific departments and agencies, to determine et; (7) the extent to which positive incentives the extent of compliance with the Network’s (I) such other Federal officials as the for information sharing have been imple- requirements and to assess the effectiveness President shall designate; mented; of the Network in improving information (J) representatives of State, tribal, and (8) the extent to which classified informa- sharing and collaboration and in protecting local governments, to be appointed by the tion is also made available through the Net- privacy and civil liberties, and shall report President; work, in whole or in part, in unclassified to Congress on its findings. (K) individuals from outside government form; (2) INSPECTORS GENERAL.—The Inspector with expertise in relevant technology, secu- (9) the extent to which State, tribal, and General in any Federal department or agen- rity and privacy concepts, to be appointed by local officials— cy that possesses or uses terrorism informa- the President; and (A) are participating in the Network; tion or that otherwise participates in the (L) individuals who are employed in pri- (B) have systems which have become inte- Network shall, at the discretion of the In- vate businesses or nonprofit organizations grated into the Network; spector General— that own or operate critical infrastructure, (C) are providing as well as receiving infor- (A) conduct audits or investigations to— to be appointed by the President. mation; and (i) determine the compliance of that de- (3) RESPONSIBILITIES.—The Council shall— (D) are using the Network to communicate partment or agency with the Network’s re- (A) advise the President and the heads of with each other; quirements; and relevant Federal departments and agencies (10) the extent to which— (ii) assess the effectiveness of that depart- on the implementation of the Network; (A) private sector data, including informa- ment or agency in improving information (B) ensure that there is coordination tion from owners and operators of critical in- sharing and collaboration and in protecting among participants in the Network in the frastructure, is incorporated in the Network; privacy and civil liberties; and development and implementation of the Net- and (B) issue reports on such audits and inves- work; (B) the private sector is both providing and tigations. (C) review, on an ongoing basis, policy, receiving information; (k) AUTHORIZATION OF APPROPRIATIONS.— legal and technology issues related to the (11) where private sector data has been There are authorized to be appropriated— implementation of the Network; and used by the Government or has been incor- (1) $50,000,000 to the Director of Manage- (D) establish a dispute resolution process porated into the Network— ment and Budget to carry out this section to resolve disagreements among departments (A) the measures taken to protect sensitive for fiscal year 2005; and and agencies about whether particular ter- business information; and (2) such sums as are necessary to carry out rorism information should be shared and in (B) where the data involves information this section in each fiscal year thereafter, to what manner. about individuals, the measures taken to en- be disbursed and allocated in accordance (4) INAPPLICABILITY OF FEDERAL ADVISORY sure the accuracy of such data; with the Network system design and imple- COMMITTEE ACT.—The Council shall not be (12) the measures taken by the Federal mentation plan required by subsection (f). subject to the requirements of the Federal Government to ensure the accuracy of other Advisory Committee Act (5 U.S.C. App.). information on the Network and, in par- TITLE III—CONGRESSIONAL REFORM (5) INFORMING THE PUBLIC.—The Council ticular, the accuracy of information about SEC. 301. FINDINGS. shall hold public hearings and otherwise in- individuals; Consistent with the report of the National form the public of its activities, as appro- (13) an assessment of the Network’s pri- Commission on Terrorist Attacks Upon the priate and in a manner consistent with the vacy protections, including actions taken in United States, Congress makes the following protection of classified information and ap- the preceding year to implement or enforce findings: plicable law. privacy protections and a report of com- (1) The American people are not served (6) COUNCIL REPORTS.—Not later than 1 plaints received about interference with an well by current congressional rules and reso- year after the date of enactment of this Act individual’s privacy or civil liberties; and lutions governing intelligence and homeland and annually thereafter, the National Intel- (14) an assessment of the security protec- security oversight. ligence Director, in the capacity of Chair- tions of the Network. (2) A unified Executive Branch effort on man of the Council, shall submit a report to (i) AGENCY PLANS AND REPORTS.—Each fighting terrorism will not be effective un- Congress that shall include— Federal department or agency that possesses less it is matched by a unified effort in Con- (A) a description of the activities and ac- or uses terrorism information or that other- gress, specifically a strong, stable, and capa- complishments of the Council in the pre- wise participates, or expects to participate, ble congressional committee structure to ceding year; and in the Network, shall submit to the Director give the intelligence agencies and Depart- (B) the number and dates of the meetings of Management and Budget and to Con- ment of Homeland Security sound oversight, held by the Council and a list of attendees at gress— support, and leadership. each meeting. (1) not later than 1 year after the enact- (3) The intelligence committees of the Sen- (h) PRESIDENTIAL REPORTS.—Not later than ment of this Act, a report including— ate and the House of Representatives are not 1 year after the date of enactment of this (A) a strategic plan for implementation of organized to provide strong leadership and Act, and semiannually thereafter, the Presi- the Network’s requirements within the de- oversight for intelligence and counterter- dent shall submit a report to Congress on the partment or agency; rorism. state of the Network. The report shall in- (B) objective performance measures to as- (4) Jurisdiction over the Department of clude— sess the progress and adequacy of the depart- Homeland Security, which is scattered (1) a progress report on the extent to which ment’s or agency’s information sharing ef- among many committees in each chamber, the Network has been implemented, includ- forts; and does not allow for the clear authority and re- ing how the Network has fared on the gov- (C) budgetary requirements to integrate sponsibility needed for effective congres- ernmentwide and agency-specific perform- the department or agency into the Network, sional oversight. ance measures and whether the performance including projected annual expenditures for (5) Congress should either create a new, goals set in the preceding year have been each of the following 5 years following the joint Senate-House intelligence authorizing met; submission of the reports; and committee modeled on the former Joint

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(A) establish uniform standards and proce- working group to begin its work imme- (b) SENSE OF THE SENATE REGARDING EXPE- dures for the grant of access to classified in- diately and to present its findings and rec- DITED CONSIDERATION OF NATIONAL SECURITY formation to any officer or employee of any ommendations to Senate leadership as expe- NOMINEES.—It is the sense of the Senate agency or department of the United States ditiously as possible. that— and to employees of contractors of those SEC. 302. REORGANIZATION OF CONGRESSIONAL (1) the President-elect should submit the agencies and departments; JURISDICTION. nominations of candidates for high-level na- (B) ensure the consistent implementation The 108th Congress shall not adjourn until tional security positions, through the level of those standards and procedures through- each House of Congress has adopted the nec- of undersecretary of cabinet departments, to out such agencies and departments; and essary changes to its rules such that, effec- the Senate by the date of the inauguration of (C) ensure that security clearances granted tive the start of the 109th Congress— by individual elements of the intelligence (1) jurisdiction over proposed legislation, the President-elect as President; and community are recognized by all elements of messages, petitions, memorials, and other (2) for all national security nominees re- the intelligence community, and under con- matters relating to the Department of ceived by the date of inauguration, the Sen- tracts entered into by such elements. Homeland Security shall be consolidated in a ate committees to which these nominations single committee in each House and such are referred should, to the fullest extent pos- TITLE V—THE ROLE OF DIPLOMACY, FOR- committee shall have a nonpartisan staff; sible, complete their consideration of these EIGN AID, AND THE MILITARY IN THE and nominations, and, if such nominations are WAR ON TERRORISM (2) jurisdiction over proposed legislation, reported by the committees, the full Senate SEC. 501. REPORT ON TERRORIST SANCTUARIES. messages, petitions, memorials, and other should vote to confirm or reject these nomi- (a) FINDINGS.—Consistent with the report matters related to intelligence shall reside nations, within 30 days of their submission. of the National Commission on Terrorist At- in— (c) SECURITY CLEARANCES FOR TRANSITION tacks Upon the United States, Congress (A) either a joint Senate-House authorizing TEAM MEMBERS.— makes the following findings: committee modeled on the former Joint (1) DEFINITION.—In this section, the term (1) Complex terrorist operations require lo- Committee on Atomic Energy, or a com- ‘‘major party’’ shall have the meaning given cations that provide such operations sanc- mittee in each chamber with combined au- under section 9002(6) of the Internal Revenue tuary from interference by government or thorization and appropriations authority; Code of 1986. law enforcement personnel. and (2) IN GENERAL.—Each major party can- (2) A terrorist sanctuary existed in Afghan- (B) regardless of which committee struc- didate for President, except a candidate who istan before September 11, 2001. ture is selected, the intelligence committee is the incumbent President, may submit, be- (3) The terrorist sanctuary in Afghanistan or committees shall have— fore the date of the general election, re- provided direct and indirect value to mem- (i) not more than 9 members in each House, quests for security clearances for prospective bers of al Qaeda who participated in the ter- who shall serve without term limits and of transition team members who will have a rorist attacks on the United States on Sep- which at least 1 each shall also serve on a need for access to classified information to tember 11, 2001 and in other terrorist oper- committee on Armed Services, Judiciary, carry out their responsibilities as members ations. and Foreign Affairs and at least 1 on a De- of the President-elect’s transition team. (4) Terrorist organizations have fled to fense Appropriations subcommittee; (3) COMPLETION DATE.—Necessary back- some of the least governed and most lawless (ii) authority to issue subpoenas; ground investigations and eligibility deter- places in the world to find sanctuary. (iii) majority party representation that minations to permit appropriate prospective (5) During the twenty-first century, terror- does not exceed minority party representa- transition team members to have access to ists are focusing on remote regions and fail- tion by more than 1 member in each House, classified information shall be completed, to ing states as locations to seek sanctuary. and a nonpartisan staff; and the fullest extent practicable, by the day (b) SENSE OF CONGRESS.—It is the sense of (iv) a subcommittee devoted solely to over- after the date of the general election. Congress that— sight. (d) CONSOLIDATION OF RESPONSIBILITY FOR (1) the United States Government should TITLE IV—PRESIDENTIAL TRANSITION PERSONNEL SECURITY INVESTIGATIONS.— identify and prioritize locations that are or SEC. 401. PRESIDENTIAL TRANSITION. (1) CONSOLIDATION.— that could be used as terrorist sanctuaries; (a) SERVICES PROVIDED PRESIDENT-ELECT.— (A) IN GENERAL.—Not later than 45 days (2) the United States Government should Section 3 of the Presidential Transition Act after the date of enactment of this Act, the have a realistic strategy that includes the of 1963 (3 U.S.C. 102 note) is amended— President shall select a single Federal agen- use of all elements of national power to keep (1) by adding after subsection (a)(8)(A)(iv) cy to provide and maintain all security possible terrorists from using a location as a the following: clearances for Federal employees and Fed- sanctuary; and ‘‘(v) Activities under this paragraph shall eral contractor personnel who require access (3) the United States Government should include the preparation of a detailed classi- to classified information, including con- reach out, listen to, and work with countries fied, compartmented summary by the rel- ducting all investigation functions. in bilateral and multilateral fora to prevent evant outgoing executive branch officials of (B) CONSIDERATIONS.—In selecting an agen- locations from becoming sanctuaries and to specific operational threats to national secu- cy under this paragraph, the President shall prevent terrorists from using locations as rity; major military or covert operations; fully consider requiring the transfer of inves- sanctuaries. and pending decisions on possible uses of tigation functions to the Office of Personnel (c) STRATEGY ON TERRORIST SANCTUARIES.— military force. This summary shall be pro- Management as described under section 906 (1) REPORT REQUIRED.—Not later than 180 vided to the President-elect as soon as pos- of the National Defense Authorization Act days after the date of the enactment of this sible after the date of the general elections for Fiscal Year 2004 (5 U.S.C. 1101 note). Act, the President shall submit to Congress held to determine the electors of President (C) COORDINATION AND CONSOLIDATION OF a report that describes a strategy for ad- and Vice President under section 1 or 2 of RESPONSIBILITIES.—The Federal agency se- dressing and, where possible, eliminating title 3, United States Code.’’; lected under this paragraph shall— terrorist sanctuaries. (2) by redesignating subsection (f) as sub- (i) take all necessary actions to carry out (2) CONTENT.—The report required under section (g); and the responsibilities under this subsection, in- this section shall include the following: (3) by adding after subsection (e) the fol- cluding entering into a memorandum of un- (A) A description of actual and potential lowing: derstanding with any agency carrying out terrorist sanctuaries, together with an as- ‘‘(f)(1) The President-elect should submit such responsibilities before the date of en- sessment of the priorities of addressing and to the agency designated by the President actment of this Act; and eliminating such sanctuaries.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8901 (B) An outline of strategies for disrupting (C) An examination of the current com- (A) For Development Assistance to carry or eliminating the security provided to ter- position and levels of United States military out the provisions of sections 103, 105, and 106 rorists by such sanctuaries. aid to Pakistan, together with any rec- of the Foreign Assistance Act of 1961 (22 (C) A description of efforts by the United ommendations for changes in such levels and U.S.C. 2151a, 2151c, and 2151d), $400,000,000. States Government to work with other coun- composition that the President considers ap- (B) For the Child Survival and Health Pro- tries in bilateral and multilateral fora to ad- propriate. gram Fund to carry out the provisions of dress or eliminate actual or potential ter- (D) An examination of other major types of section 104 of the Foreign Assistance Act of rorist sanctuaries and disrupt or eliminate United States financial support to Pakistan, 1961 (22 U.S.C. 2151b), $100,000,000. the security provided to terrorists by such together with any recommendations for (C) For the Economic Support Fund to sanctuaries. changes in the levels and composition of carry out the provisions of chapter 4 of part (D) A description of long-term goals and such support that the President considers II of the Foreign Assistance Act of 1961 (22 actions designed to reduce the conditions appropriate. U.S.C. 2346 et seq.), $550,000,000. that allow the formation of terrorist sanc- SEC. 503. AID TO AFGHANISTAN. (D) For International Narcotics and Law tuaries, such as supporting and strength- (a) FINDINGS.—Consistent with the report Enforcement to carry out the provisions of ening host governments, reducing poverty, of the National Commission on Terrorist At- section 481 of the Foreign Assistance Act of increasing economic development, strength- tacks Upon the United States, Congress 1961 (22 U.S.C. 2291), $360,000,000. ening civil society, securing borders, makes the following findings: (E) For Nonproliferation, Anti-Terrorism, strengthening internal security forces, and (1) The United States and its allies in the Demining, and Related Programs, $50,000,000. disrupting logistics and communications international community have made (F) For International Military Education networks of terrorist groups. progress in promoting economic and polit- and Training to carry out the provisions of ical reform within Afghanistan, including SEC. 502. ROLE OF PAKISTAN IN COUNTERING section 541 of the Foreign Assistance Act of TERRORISM. the establishment of a central government 1961 (22 U.S.C. 2347), $2,000,000. with a democratic constitution, a new cur- (a) FINDINGS.—Consistent with the report (G) For Foreign Military Financing Pro- rency, and a new army, the increase of per- of the National Commission on Terrorist At- gram grants to carry of the provision of sec- sonal freedom, and the elevation of the tacks Upon the United States, Congress tion 23 of the Arms Export Control Act (22 standard of living of many Afghans. makes the following findings: U.S.C. 2763), $880,000,000. (2) A number of significant obstacles must (1) The Government of Pakistan has a crit- (H) For Peacekeeping Operations to carry be overcome if Afghanistan is to become a ical role to perform in the struggle against out the provisions of section 551 of the For- secure and prosperous democracy, and such a Islamist terrorism. eign Assistance Act of 1961 (22 U.S.C. 2348), transition depends in particular upon— (2) The endemic poverty, widespread cor- $60,000,000. (A) improving security throughout the ruption, and frequent ineffectiveness of gov- (2) FISCAL YEARS 2006 THROUGH 2009.—There country; ernment in Pakistan create opportunities for are authorized to be appropriated to the (B) disarming and demobilizing militias; Islamist recruitment. President for each of fiscal years 2006 (C) curtailing the rule of the warlords; through 2009 such sums as may be necessary (3) The poor quality of education in Paki- (D) promoting equitable economic develop- stan is particularly worrying, as millions of for financial and other assistance to Afghan- ment; istan. families send their children to madrassahs, (E) protecting the human rights of the peo- (3) CONDITIONS FOR ASSISTANCE.—Assistance some of which have been used as incubators ple of Afghanistan; for violent extremism. provided by the President under this sub- (F) holding elections for public office; and section— (4) The vast unpoliced regions in Pakistan (G) ending the cultivation and trafficking (A) shall be consistent with the Afghani- make the country attractive to extremists of narcotics. stan Freedom Support Act of 2002; and seeking refuge and recruits and also provide (3) The United States and the international (B) shall be provided with reference to the a base for operations against coalition forces community must make a long-term commit- ‘‘Securing Afghanistan’s Future’’ document in Afghanistan. ment to addressing the deteriorating secu- published by the Government of Afghani- (5) A stable Pakistan, with a government rity situation in Afghanistan and the bur- stan. advocating ‘‘enlightened moderation’’ in the geoning narcotics trade, endemic poverty, Muslim world, is critical to stability in the and other serious problems in Afghanistan in (d) SENSE OF CONGRESS.—It is the sense of region. order to prevent that country from relapsing Congress that Congress should, in consulta- (6) There is a widespread belief among the into a sanctuary for international terrorism. tion with the President, update and revise, people of Pakistan that the United States (b) POLICY.—It shall be the policy of the as appropriate, the Afghanistan Freedom has long treated them as allies of conven- United States to take the following actions Support Act of 2002. ience. with respect to Afghanistan: (e) STRATEGY AND SUPPORT REGARDING (b) SENSE OF CONGRESS.—It is the sense of (1) Working with other nations to obtain UNITED STATES AID TO AFGHANISTAN.— Congress that— long-term security, political, and financial (1) REQUIREMENT FOR STRATEGY.—Not later (1) the United States should make a long- commitments and fulfillment of pledges to than 180 days after the date of the enactment term commitment to assisting in ensuring a the Government of Afghanistan to accom- of this Act, the President shall submit to promising, stable, and secure future in Paki- plish the objectives of the Afghanistan Free- Congress a 5-year strategy for providing aid stan, as long as its leaders remain com- dom Support Act of 2002 (22 U.S.C. 7501 et to Afghanistan. mitted to combatting extremists and imple- seq.), especially to ensure a secure, demo- (2) CONTENT.—The strategy required under menting a strategy of ‘‘enlightened modera- cratic, and prosperous Afghanistan that re- paragraph (1) shall describe the resources tion’’; spects the rights of its citizens and is free of that will be needed during the next 5 years (2) the United States aid to Pakistan international terrorist organizations. to achieve specific objectives in Afghanistan, should be fulsome and, at a minimum, sus- (2) Using the voice and vote of the United including in the following areas: tained at the fiscal year 2004 levels; States in relevant international organiza- (A) Fostering economic development. (3) the United States should support the tions, including the North Atlantic Treaty (B) Curtailing the cultivation of opium. Government of Pakistan with a comprehen- Organization and the United Nations Secu- (C) Achieving internal security and sta- sive effort that extends from military aid to rity Council, to strengthen international bility. support for better education; and commitments to assist the Government of (D) Eliminating terrorist sanctuaries. (4) the United States Government should Afghanistan in enhancing security, building (E) Increasing governmental capabilities. devote particular attention and resources to national police and military forces, increas- (F) Improving essential infrastructure and assisting in the improvement of the quality ing counter-narcotics efforts, and expanding public services. of education in Pakistan. infrastructure and public services through- (G) Improving public health services. (c) REPORT ON SUPPORT FOR PAKISTAN.— out the country. (H) Establishing a broad-based educational (1) REPORT REQUIRED.—Not later than 180 (3) Taking appropriate steps to increase system. days after the date of the enactment of this the assistance provided under programs of (I) Promoting democracy and the rule of Act, the President shall submit to Congress the Department of State and the United law. a report on the efforts of the United States States Agency for International Develop- (J) Building national police and military Government to support Pakistan and encour- ment throughout Afghanistan and to in- forces. age moderation in that country. crease the number of personnel of those (3) UPDATES.—Beginning not later than 1 (2) CONTENT.—The report required under agencies in Afghanistan as necessary to sup- year after the strategy is submitted to Con- this section shall include the following: port the increased assistance. gress under paragraph (1), the President (A) An examination of the desirability of (c) AUTHORIZATION OF APPROPRIATIONS.— shall submit to Congress an annual report— establishing a Pakistan Education Fund to (1) FISCAL YEAR 2005.—There are authorized (A) updating the progress made toward direct resources toward improving the qual- to be appropriated to the President for fiscal achieving the goals outlined in the strategy ity of secondary schools in Pakistan. year 2005 for assistance for Afghanistan, in under this subsection; and (B) Recommendations on the funding nec- addition to any amounts otherwise available (B) identifying shortfalls in meeting those essary to provide various levels of edu- for the following purposes, the following goals and the resources needed to fully cational support. amounts: achieve them.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8902 CONGRESSIONAL RECORD — SENATE September 7, 2004 SEC. 504. THE UNITED STATES-SAUDI ARABIA RE- (2) Local newspapers in Islamic countries ticipation, condemn indiscriminate violence, LATIONSHIP. and influential broadcasters who reach Is- and promote respect for the rule of law, (a) FINDINGS.—Consistent with the report lamic audiences through satellite television openness in discussing differences among of the National Commission on Terrorist At- often reinforce the idea that the people and people, and tolerance for opposing points of tacks Upon the United States, Congress Government of the United States are anti- view; and makes the following findings: Muslim. (2) the United States Government must (1) Despite a long history of friendly rela- (b) SENSE OF CONGRESS.—It is the sense of prevail upon the governments of all predomi- tions with the United States, Saudi Arabia Congress that— nantly Muslim countries, including those has been a problematic ally in combating Is- (1) the Government of the United States that are friends and allies of the United lamic extremism. should offer an example of moral leadership States, to condemn indiscriminate violence, (2) Cooperation between the Governments in the world that includes a commitment to promote the value of life, respect and proof the United States and Saudi Arabia has treat all people humanely, abide by the rule mote the principles of individual education traditionally been carried out in private. of law, and be generous and caring to the and economic opportunity, encourage wide- (3) The Government of Saudi Arabia has people and governments of other countries; spread political participation, and promote not always responded promptly and fully to (2) the United States should cooperate with the rule of law, openness in discussing dif- United States requests for assistance in the governments of Islamic countries to foster ferences among people, and tolerance for op- global war on Islamist terrorism. agreement on respect for human dignity and posing points of view. (4) Counterterrorism cooperation between opportunity, and to offer a vision of a better SEC. 507. PROMOTION OF UNITED STATES VAL- the Governments of the United States and future that includes stressing life over death, UES THROUGH BROADCAST MEDIA. Saudi Arabia has improved significantly individual educational and economic oppor- (a) FINDINGS.—Consistent with the report since the terrorist bombing attacks in Ri- tunity, widespread political participation, of the National Commission on Terrorist At- yadh, Saudi Arabia, on May 12, 2003. contempt for indiscriminate violence, re- tacks Upon the United States, Congress (5) The Government of Saudi Arabia is now spect for the rule of law, openness in dis- makes the following findings: aggressively pursuing al Qaeda and appears cussing differences, and tolerance for oppos- (1) Although the United States has dem- to be acting to build a domestic consensus ing points of view; onstrated and promoted its values in defend- for some internal reforms. (3) the United States should encourage re- ing Muslims against tyrants and criminals in (b) SENSE OF CONGRESS.—It is the sense of form, freedom, democracy, and opportunity Somalia, Bosnia, Kosovo, Afghanistan, and Congress that— for Arabs and Muslims and promote modera- Iraq, this message is not always clearly pre- (1) the problems in the relationship be- tion in the Islamic world; and sented in the Islamic world. tween the United States and Saudi Arabia (4) the United States should work to defeat (2) If the United States does not act to vig- must be confronted openly, and the opportu- extremist ideology in the Islamic world by orously define its message in the Islamic nities for cooperation between the countries providing assistance to moderate Arabs and world, the image of the United States will be must be pursued openly by those govern- Muslims to combat extremist ideas. defined by Islamic extremists who seek to ments; (c) REPORT ON THE STRUGGLE OF IDEAS IN demonize the United States. (2) both governments must build a rela- THE ISLAMIC WORLD.— (3) Recognizing that many Arab and Mus- tionship that they can publicly defend and (1) REPORT REQUIRED.—Not later than 180 lim audiences rely on satellite television and that is based on other national interests in days after the date of the enactment of this radio, the United States Government has addition to their national interests in oil; Act, the President shall submit to Congress launched promising initiatives in television (3) this relationship should include a a report that contains a cohesive long-term and radio broadcasting to the Arab world, shared commitment to political and eco- strategy for the United States Government Iran, and Afghanistan. nomic reform in Saudi Arabia; and to help win the struggle of ideas in the Is- (b) SENSE OF CONGRESS.—It is the sense of (4) this relationship should also include a lamic world. Congress that— shared interest in greater tolerance and re- (2) CONTENT.—The report required under (1) the United States must do more to de- spect for other cultures in Saudi Arabia and this section shall include the following: fend and promote its values and ideals to the a commitment to fight the violent extrem- (A) A description of specific goals related broadest possible audience in the Islamic ists who foment hatred in the Middle East. world; (c) REPORT.— to winning this struggle of ideas. (B) A description of the range of tools (2) United States efforts to defend and pro- (1) REPORT REQUIRED.—Not later than 180 mote these values and ideals are beginning days after the date of the enactment of this available to the United States Government to accomplish these goals and the manner in to ensure that accurate expressions of these Act, the President shall submit to Congress values reach large audiences in the Islamic a strategy for expanding collaboration with which such tools will be employed. (C) A list of benchmarks for measuring world and should be robustly supported; the Government of Saudi Arabia on subjects (3) the United States Government could of mutual interest and of importance to the success and a plan for linking resources to and should do more to engage the Muslim United States. the accomplishment of these goals. world in the struggle of ideas; and (2) SCOPE.—As part of this strategy, the (D) A description of any additional re- (4) the United States Government should President shall consider the utility of under- sources that may be necessary to help win more intensively employ existing broadcast taking a periodic, formal, and visible high- this struggle of ideas. media in the Islamic world as part of this en- level dialogue between senior United States (E) Any recommendations for the creation gagement. Government officials of cabinet level or of, and United States participation in, inter- (c) REPORT ON OUTREACH STRATEGY.— higher rank and their counterparts in the national institutions for the promotion of democracy and economic diversification in (1) REPORT REQUIRED.—Not later than 180 Government of Saudi Arabia to address chal- days after the date of the enactment of this lenges in the relationship between the 2 gov- the Islamic world, and intra-regional trade Act, the President shall submit to Congress ernments and to identify areas and mecha- in the Middle East. a report on the strategy of the United States nisms for cooperation. (F) An estimate of the level of United Government for expanding its outreach to (3) CONTENT.—The strategy under this sub- States financial assistance that would be foreign Muslim audiences through broadcast section shall encompass— sufficient to convince United States allies media. (A) intelligence and security cooperation and people in the Islamic world that engag- (2) CONTENT.—The report shall include the in the fight against Islamist terrorism; ing in the struggle of ideas in the Islamic following: (B) ways to advance the Middle East peace world is a top priority of the United States (A) The initiatives of the Broadcasting process; and that the United States intends to make Board of Governors and the public diplomacy (C) political and economic reform in Saudi a substantial and sustained commitment to- Arabia and throughout the Middle East; and ward winning this struggle. activities of the Department of State with respect to outreach to foreign Muslim audi- (D) the promotion of greater tolerance and SEC. 506. UNITED STATES POLICY TOWARD DIC- respect for cultural and religious diversity in TATORSHIPS. ences. Saudi Arabia and throughout the Middle (a) FINDING.—Consistent with the report of (B) An outline of recommended actions East. the National Commission on Terrorist At- that the United States Government should take to more regularly and comprehensively SEC. 505. EFFORTS TO COMBAT ISLAMIC TER- tacks Upon the United States, Congress finds RORISM BY ENGAGING IN THE that short-term gains enjoyed by the United present a United States point of view STRUGGLE OF IDEAS IN THE IS- States through cooperation with the world’s through indigenous broadcast media in coun- LAMIC WORLD. most repressive and brutal governments are tries with sizable Muslim populations, in- (a) FINDINGS.—Consistent with the report too often outweighed by long-term setbacks cluding increasing appearances by United of the National Commission on Terrorist At- for the stature and interests of the United States Government officials, experts, and tacks Upon the United States, Congress States. citizens. makes the following findings: (b) SENSE OF CONGRESS.—It is the sense of (C) An assessment of potential incentives (1) While support for the United States has Congress that— for, and costs associated with, encouraging plummeted in the Islamic world, many nega- (1) United States foreign policy should pro- United States broadcasters to dub or subtitle tive views are uninformed, at best, and, at mote the value of life and the importance of into Arabic and other relevant languages worst, are informed by coarse stereotypes individual educational and economic oppor- their news and public affairs programs and caricatures. tunity, encourage widespread political par- broadcast in the Muslim world in order to

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present those programs to a much broader (2) SPECIFIC PROGRAMS.—In carrying out ships to permit individuals to attend eligible Muslim audience than is currently reached. this subsection, the Secretary is authorized colleges and universities. (D) Any recommendations the President to conduct or initiate programs in eligible (ii) ELIGIBILITY FOR PROGRAM.—To be eligi- may have for additional funding and legisla- countries as follows: ble for the scholarship program, an indi- tion necessary to achieve the objectives of (A) FULBRIGHT EXCHANGE PROGRAM.— vidual shall be a citizen or resident of an eli- the strategy. (i) INCREASED NUMBER OF AWARDS.—The gible country who has graduated from a sec- (d) AUTHORIZATIONS OF APPROPRIATIONS.— Secretary is authorized to substantially in- ondary school in an eligible country. There are authorized to be appropriated to crease the number of awards under the J. (iii) ELIGIBLE COLLEGE OR UNIVERSITY DE- the President to carry out United States William Fulbright Educational Exchange FINED.—In this subparagraph, the term ‘‘eli- Government broadcasting activities under Program. gible college or university’’ means a college the United States Information and Edu- (ii) INTERNATIONAL SUPPORT FOR FULBRIGHT or university that is organized under the cational Exchange Act of 1948 (22 U.S.C. 1431 PROGRAM.—The Secretary shall work to in- laws of the United States, a State, or the et seq.), the United States International crease support for the J. William Fulbright District of Columbia, accredited by an ac- Broadcasting Act of 1994 (22 U.S.C. 6201 et Educational Exchange Program in eligible crediting agency recognized by the Secretary seq.), and the Foreign Affairs Reform and of Education, and primarily located in, but Restructuring Act of 1998 (22 U.S.C. 6501 et countries in order to enhance academic and scholarly exchanges with those countries. not controlled by, an eligible country. seq.), and to carry out other activities under (L) LANGUAGE TRAINING PROGRAM.—The this section consistent with the purposes of (B) HUBERT H. HUMPHREY FELLOWSHIPS.— The Secretary is authorized to substantially Secretary is authorized to provide travel and such Acts, the following amounts: subsistence funding for students who are increase the number of Hubert H. Humphrey (1) INTERNATIONAL BROADCASTING OPER- United States citizens to travel to eligible Fellowships awarded to candidates from eli- ATIONS.—For International Broadcasting Op- countries to participate in immersion train- gible countries. erations— ing programs in languages used in such coun- (C) SISTER INSTITUTIONS PROGRAMS.—The (A) $717,160,000 for fiscal year 2005; and tries and to develop regulations governing Secretary is authorized to facilitate the es- (B) such sums as may be necessary for each the provision of such funding. of the fiscal years 2006 through 2009. tablishment of sister institution programs (e) SECONDARY SCHOOL EXCHANGE PRO- (2) BROADCASTING CAPITAL IMPROVEMENTS.— between cities and municipalities and other GRAM.— For Broadcasting Capital Improvements— institutions in the United States and in eli- (1) IN GENERAL.—The Secretary is author- (A) $11,040,000 for fiscal year 2005; and gible countries in order to enhance mutual ized to establish an international exchange (B) such sums as may be necessary for each understanding at the community level. visitor program, modeled on the Future of the fiscal years 2006 through 2009. (D) LIBRARY TRAINING EXCHANGES.—The Leaders Exchange Program established SEC. 508. USE OF UNITED STATES SCHOLARSHIP Secretary is authorized to develop a dem- under the FREEDOM Support Act (22 U.S.C. AND EXCHANGE PROGRAMS IN THE onstration program, including training in 5801 et seq.), for eligible students to— ISLAMIC WORLD. the library sciences, to assist governments (A) attend public secondary school in the (a) FINDINGS.—Consistent with the report in eligible countries to establish or upgrade United States; of the National Commission on Terrorist At- the public library systems of such countries (B) live with a host family in the United tacks Upon the United States, Congress for the purpose of improving literacy. States; and makes the following findings: (E) INTERNATIONAL VISITORS PROGRAM.— (C) participate in activities designed to (1) Exchange, scholarship, and library pro- The Secretary is authorized to expand the promote a greater understanding of United grams are effective ways for the United number of participants from eligible coun- States and Islamic values and culture. States Government to promote internation- tries in the International Visitors Program. (2) ELIGIBLE STUDENT DEFINED.—In this sub- ally the values and ideals of the United (F) YOUTH AMBASSADORS.— section, the term ‘‘eligible student’’ means States. (i) IN GENERAL.—The Secretary is author- an individual who— (2) Exchange, scholarship, and library pro- ized to establish a youth ambassadors pro- (A) is a national of an eligible country; grams can expose young people from other gram for visits by middle and secondary (B) is at least 15 years of age but not more countries to United States values and offer school students from eligible countries to than 18 years and 6 months of age at the them knowledge and hope. the United States to participate in activi- time of enrollment in the program; ENSE OF CONGRESS.—It is the sense of (b) S ties, including cultural and educational ac- (C) is enrolled in a secondary school in an Congress that the United States should ex- tivities, that are designed to familiarize par- eligible country; pand its exchange, scholarship, and library ticipating students with United States soci- (D) has completed not more than 11 years programs, especially those that benefit peo- ety and values. of primary and secondary education, exclu- ple in the Arab and Muslim worlds. (ii) VISITS.—The visits of students who are sive of kindergarten; (c) DEFINITIONS.—In this section: participating in the youth ambassador pro- (E) demonstrates maturity, good char- (1) ELIGIBLE COUNTRY.—The term ‘‘eligible country’’ means a country or entity in Afri- gram under clause (i) shall be scheduled dur- acter, and scholastic aptitude, and has the ca, the Middle East, Central Asia, South ing the school holidays in the home coun- proficiency in the English language nec- Asia, or Southeast Asia that— tries of the students and may not exceed 4 essary to participate in the program; (A) has a sizable Muslim population; and weeks. (F) has not previously participated in an (B) is designated by the Secretary of State (iii) CRITERIA.—Students selected to par- exchange program in the United States spon- as eligible to participate in programs under ticipate in the youth ambassador program sored by the Government of the United this section. shall reflect the economic and geographic di- States; and (2) SECRETARY.—Except as otherwise spe- versity of eligible countries. (G) is not prohibited from entering the cifically provided, the term ‘‘Secretary’’ (G) EDUCATION REFORM.—The Secretary is United States under any provision of the Im- means the Secretary of State. authorized— migration and Nationality Act (8 U.S.C. 1101 (3) UNITED STATES ENTITY.—The term (i) to expand programs that seek to im- et seq.) or any other provision of law related ‘‘United States entity’’ means an entity that prove the quality of primary and secondary to immigration and nationality. is organized under the laws of the United school systems in eligible countries; and (3) COMPLIANCE WITH VISA REQUIREMENTS.— States, any State, the District of Columbia, (ii) in order to foster understanding of the An eligible student may not participate in the Commonwealth of Puerto Rico, Guam, United States, to promote civic education the exchange visitor program authorized by the United States Virgin Islands, the Com- through teacher exchanges, teacher training, paragraph (1) unless the eligible student has monwealth of the Northern Mariana Islands, textbook modernization, and other efforts. the status of nonimmigrant under section American Samoa, or any other territory or (H) PROMOTION OF RELIGIOUS FREEDOM.— 101(a)(15)(J) of the Immigration and Nation- possession of the United States. The Secretary is authorized to establish a ality Act (8 U.S.C. 1101(a)(15)(J)). (4) UNITED STATES SPONSORING ORGANIZA- program to promote dialogue and exchange (4) BROAD PARTICIPATION.—Whenever appro- TION.—The term ‘‘United States sponsoring among leaders and scholars of all faiths from priate, the Secretary shall make special pro- organization’’ means a nongovernmental or- the United States and eligible countries. visions to ensure the broadest possible par- ganization that is— (I) BRIDGING THE DIGITAL DIVIDE.—The Sec- ticipation in the exchange visitor program (A) based in the United States; and retary is authorized to establish a program authorized by paragraph (1), particularly (B) controlled by a citizen of the United to help foster access to information tech- among females and less advantaged citizens States or a United States entity that is des- nology among underserved populations and of eligible countries. ignated by the Secretary, pursuant to regu- by civil society groups in eligible countries. (5) DESIGNATED EXCHANGE VISITOR PRO- lations, to carry out a program authorized (J) PEOPLE-TO-PEOPLE DIPLOMACY.—The GRAM.—The exchange visitor program au- by subsection (e). Secretary is authorized to expand efforts to thorized by paragraph (1) shall be a des- (d) EXPANSION OF EDUCATIONAL AND CUL- promote United States public diplomacy in- ignated exchange visitor program for the TURAL EXCHANGES.— terests in eligible countries through cul- purposes of section 641 of the Illegal Immi- (1) PURPOSE.—The purpose of this sub- tural, arts, entertainment, sports and other gration Reform and Immigrant Responsi- section is to provide for the expansion of exchanges. bility Act of 1996 (8 U.S.C. 1372). international educational and cultural ex- (K) COLLEGE SCHOLARSHIPS.— (6) REGULAR REPORTING TO THE SEC- change programs between the United States (i) IN GENERAL.—The Secretary is author- RETARY.—If the Secretary utilizes a United and eligible countries. ized to establish a program to offer scholar- States sponsoring organization to carry out

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8904 CONGRESSIONAL RECORD — SENATE September 7, 2004 the exchange visitor program authorized by to sensibly investing their own financial re- 2013 and implementing a free trade agree- paragraph (1), such United States sponsoring sources in public education. ment with Bahrain, and free trade agree- organization shall report regularly to the (3) ELIGIBILITY FOR ASSISTANCE.— ments exist between the United States and Secretary on the progress it has made to im- (A) DETERMINATION.—The Secretary of Israel and the United States and Jordan. plement such program. State, in coordination with the Adminis- (4) Existing and proposed free trade agree- (f) REPORT ON EXPEDITING VISAS FOR PAR- trator of the United States Agency for Inter- ments between the United States and Is- TICIPANTS IN EXCHANGE, SCHOLARSHIP, AND national Development, shall determine lamic countries are drawing interest from VISITORS PROGRAMS.— which countries are eligible for assistance other countries in the Middle East region, (1) REQUIREMENT.—Not later than 180 days through the Fund. and Islamic countries can become full par- after the date of the enactment of this Act, (B) CRITERIA.—In determining whether a ticipants in the rules-based global trading the Secretary and the Secretary of Home- country is eligible for assistance, the Sec- system, as the United States considers low- land Security shall submit to Congress a re- retary shall consider whether the govern- ering its barriers to trade with the poorest port on expediting the issuance of visas to ment of that country is sensibly investing fi- Arab countries. individuals who are entering the United nancial resources in public education and is (b) SENSE OF CONGRESS.—It is the sense of States for the purpose of participating in a committed to promoting a system of edu- Congress that— scholarship, exchange, or visitor program au- cation that teaches tolerance, the dignity (1) a comprehensive United States strategy thorized in subsection (d) or (e) without com- and value of each individual, and respect for to counter terrorism should include eco- promising the security of the United States. different beliefs. nomic policies that encourage development, (2) RECOMMENDATIONS.—The report re- (4) USE OF FUNDS.—Financial assistance open societies, and opportunities for people quired by paragraph (1) shall include— provided through the Fund shall be used for to improve the lives of their families and to (A) the recommendations of the Secretary expanding literacy programs, providing text- enhance prospects for their children’s future; and the Secretary of Homeland Security, if books, reducing the digital divide, expanding (2) 1 element of such a strategy should en- any, for methods to expedite the processing vocational and business education, con- compass the lowering of trade barriers with of requests for such visas; and structing and operating public schools, es- the poorest countries that have a significant (B) a proposed schedule for implementing tablishing local libraries, training teachers population of Arab or Muslim individuals; any recommendations described in subpara- in modern education techniques, and pro- (3) another element of such a strategy graph (A). moting public education that teaches toler- should encompass United States efforts to (g) AUTHORIZATION OF APPROPRIATIONS.—Of ance, the dignity and value of each indi- promote economic reform in countries that the amounts authorized to be appropriated vidual, and respect for different beliefs. have a significant population of Arab or for educational and cultural exchange pro- (c) REPORT.— Muslim individuals, including efforts to inte- grams for fiscal year 2005, there is authorized (1) IN GENERAL.—Not later than 180 days grate such countries into the global trading to be appropriated to the Department of after the date of the enactment of this Act, system; and State $60,000,000 to carry out programs under and annually thereafter, the Secretary of (4) given the importance of the rule of law this section. State and the Administrator of the United in promoting economic development and at- SEC. 509. INTERNATIONAL YOUTH OPPORTUNITY States Agency for International Develop- tracting investment, the United States FUND. ment shall jointly prepare and submit to should devote an increased proportion of its (a) FINDINGS.—Consistent with the report Congress a report on the improvement of assistance to countries in the Middle East to of the National Commission on Terrorist At- education in the Middle East. tacks Upon the United States, Congress the promotion of the rule of law. (2) CONTENT.—Reports submitted under (c) REPORT.— makes the following findings: this subsection shall include the following: (1) Education that teaches tolerance, the (1) IN GENERAL.—Not later than 180 days (A) A general strategy for working with el- after the date of the enactment of this Act, dignity and value of each individual, and re- igible host governments in the Middle East spect for different beliefs is a key element in the President shall submit to Congress a re- toward establishing the International Youth port on the efforts of the United States Gov- any global strategy to eliminate Islamist Opportunity Fund and related programs. terrorism. ernment to encourage development and pro- (B) A listing of countries that are eligible mote economic reform in countries that (2) Education in the Middle East about the for assistance under such programs. world outside that region is weak. have a significant population of Arab or (C) A description of the specific programs Muslim individuals. (3) The United Nations has rightly equated initiated in each eligible country and the literacy with freedom. (2) CONTENT.—The report required under amount expended in support of such pro- this subsection shall describe— (4) The international community is moving grams. toward setting a concrete goal of reducing by (A) efforts to integrate countries with sig- (D) A description of activities undertaken nificant populations of Arab or Muslim indi- half the illiteracy rate in the Middle East by to close the digital divide and expand voca- 2010, through the implementation of edu- viduals into the global trading system; and tional and business skills in eligible coun- (B) actions that the United States Govern- cation programs targeting women and girls tries. and programs for adult literacy, and by ment, acting alone and in partnership with (E) A listing of activities that could be un- other governments in the Middle East, can other means. dertaken if additional funding were provided (5) To be effective, the effort to improve take to promote intra-regional trade and the and the amount of funding that would be rule of law in the region. education in the Middle East must also in- necessary to carry out such activities. clude— SEC. 511. MIDDLE EAST PARTNERSHIP INITIA- (F) A strategy for garnering programmatic TIVE. (A) support for the provision of basic edu- and financial support from international or- (a) AUTHORIZATION OF APPROPRIATIONS.— cation tools, such as textbooks that trans- ganizations and other countries in support of There is authorized to be appropriated for late more of the world’s knowledge into local the Fund and activities related to the im- fiscal year 2005 $200,000,000 for the Middle languages and local libraries to house such provement of public education in eligible East Partnership Initiative. materials; and countries. (b) SENSE OF CONGRESS.—It is the sense of (B) more vocational education in trades (d) AUTHORIZATION OF APPROPRIATIONS.— and business skills. There are authorized to be appropriated to Congress that, given the importance of the (6) The Middle East can benefit from some the President for the establishment of the rule of law and economic reform to develop- of the same programs to bridge the digital International Youth Opportunity Fund, in ment in the Middle East, a significant por- divide that already have been developed for addition to any amounts otherwise available tion of the funds authorized to be appro- other regions of the world. for such purpose, $40,000,000 for fiscal year priated under subsection (a) should be made (b) INTERNATIONAL YOUTH OPPORTUNITY 2005 and such sums as may be necessary for available to promote the rule of law in the FUND.— fiscal years 2006 through 2009. Middle East. (1) ESTABLISHMENT.— SEC. 510. REPORT ON THE USE OF ECONOMIC SEC. 512. COMPREHENSIVE COALITION STRAT- (A) IN GENERAL.—The President shall es- POLICIES TO COMBAT TERRORISM. EGY FOR FIGHTING TERRORISM. tablish an International Youth Opportunity (a) FINDINGS.—Consistent with the report (a) FINDINGS.—Consistent with the report Fund (hereafter in this section referred to as of the National Commission on Terrorist At- of the National Commission on Terrorist At- the ‘‘Fund’’). tacks Upon the United States, Congress tacks Upon the United States, Congress (B) INTERNATIONAL PARTICIPATION.—The makes the following findings: makes the following findings: President shall seek the cooperation of the (1) While terrorism is not caused by pov- (1) Almost every aspect of the counterter- international community in establishing and erty, breeding grounds for terrorism are cre- rorism strategy of the United States relies generously supporting the Fund. ated by backward economic policies and re- on international cooperation. (2) PURPOSE.—The purpose of the Fund pressive political regimes. (2) Since September 11, 2001, the number shall be to provide financial assistance for (2) Policies that support economic develop- and scope of United States Government con- the improvement of public education in the ment and reform also have political implica- tacts with foreign governments concerning Middle East, including assistance for the tions, as economic and political liberties are counterterrorism have expanded signifi- construction and operation of primary and often linked. cantly, but such contacts have often been ad secondary schools in countries that have a (3) The United States is working toward hoc and not integrated as a comprehensive sizable Muslim population and that commit creating a Middle East Free Trade Area by and unified approach.

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(b) INTERNATIONAL CONTACT GROUP ON (D) the Convention Relative to the Protec- (1) REQUIREMENT.—The Secretary shall COUNTERTERRORISM.— tion of Civilian Persons in Time of War, done submit, on a timely basis and not less than (1) SENSE OF CONGRESS.—It is the sense of at Geneva August 12, 1949 (6 UST 3516). twice each year, a report to Congress on the Congress that the President— (3) PRISONER.—The term ‘‘prisoner’’ means circumstances surrounding any investigation (A) should seek to engage the leaders of a foreign individual captured, detained, in- of a possible violation of the prohibition in the governments of other countries in a terned, or otherwise held in the custody of subsection (e)(1) by a member of the Armed process of advancing beyond separate and the United States. Forces of the United States or by a person uncoordinated national counterterrorism (4) SECRETARY.—The term ‘‘Secretary’’ providing services to the Department of De- strategies to develop with those other gov- means the Secretary of Defense. fense on a contract basis. ernments a comprehensive coalition strategy (5) TORTURE.—The term ‘‘torture’’ has the (2) FORM OF REPORT.—A report required to fight Islamist terrorism; and meaning given that term in section 2340 of under paragraph (1) shall be submitted in a (B) to that end, should seek to establish an title 18, United States Code. manner and form that— international counterterrorism policy con- (c) SENSE OF CONGRESS.—It is the sense of (A) will protect the national security in- tact group with the leaders of governments Congress that— terests of the United States; and providing leadership in global counterter- (1) the United States should engage coun- (B) will not prejudice any prosecution of an rorism efforts and governments of countries tries that are participating in the coalition individual involved in, or responsible for, a with sizable Muslim populations, to be used to fight terrorism to develop a common ap- violation of the prohibition in subsection as a ready and flexible international means proach toward the detention and humane (e)(1). for discussing and coordinating the develop- treatment of captured international terror- (h) REPORT ON A COALITION APPROACH TO- ment of important counterterrorism policies ists; and WARD THE DETENTION AND HUMANE TREAT- by the participating governments. (2) an approach toward the detention and MENT OF CAPTURED TERRORISTS.—Not later (2) AUTHORITY.—The President is author- humane treatment of captured international than 180 days after the date of the enactment ized to establish an international counterter- terrorists developed by the countries partici- of this Act, the President shall submit to rorism policy contact group with the leaders pating in the coalition to fight terrorism Congress a report describing the efforts of of governments referred to in paragraph (1) could draw upon Article 3 of the Convention the United States Government to develop an for purposes as follows: Relative to the Treatment of Prisoners of approach toward the detention and humane (A) To develop in common with such other War, the principles of which are commonly treatment of captured international terror- countries important policies and a strategy accepted as minimum basic standards for hu- ists that will be adhered to by all countries that address the various components of mane treatment of captured individuals. that are members of the coalition against terrorism. international prosecution of the war on ter- (d) POLICY.—It is the policy of the United rorism, including policies and a strategy States— SEC. 514. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION. that address military issues, law enforce- (1) to treat any prisoner humanely and in (a) FINDINGS.—Consistent with the report ment, the collection, analysis, and dissemi- accordance with standards that the Govern- of the National Commission on Terrorist At- nation of intelligence, issues relating to ment of the United States would determine tacks Upon the United States, Congress interdiction of travel by terrorists, counter- to be consistent with international law if makes the following findings: terrorism-related customs issues, financial such standards were applied to personnel of (1) Al Qaeda has tried to acquire or make issues, and issues relating to terrorist sanc- the United States captured by an enemy in weapons of mass destruction since 1994 or tuaries. the war on terrorism; earlier. (B) To address, to the extent (if any) that (2) if there is any doubt as to whether a (2) The United States doubtless would be a the President and leaders of other partici- prisoner is entitled to the protections af- prime target for use of any such weapon by pating governments determine appropriate, forded by the Geneva Conventions, to pro- al Qaeda. such long-term issues as economic and polit- vide the prisoner such protections until the (3) Although the United States Govern- ical reforms that can contribute to strength- status of the prisoner is determined under ment has redoubled its international com- ening stability and security in the Middle the procedures authorized by paragraph 1–6 mitments to supporting the programs for Co- East. of Army Regulation 190–8 (1997); and operative Threat Reduction and other non- SEC. 513. DETENTION AND HUMANE TREATMENT (3) to expeditiously prosecute cases of ter- proliferation assistance programs, non- OF CAPTURED TERRORISTS. rorism or other criminal acts alleged to have proliferation experts continue to express (a) FINDINGS.—Consistent with the report been committed by prisoners in the custody deep concern about the United States Gov- of the National Commission on Terrorist At- of the United States Armed Forces at Guan- ernment’s commitment and approach to se- tacks Upon the United States, Congress tanamo Bay, Cuba, in order to avoid the in- curing the weapons of mass destruction and makes the following findings: definite detention of such prisoners. related highly dangerous materials that are (1) Carrying out the global war on ter- (e) PROHIBITION ON TORTURE OR CRUEL, IN- still scattered among Russia and other coun- rorism requires the development of policies HUMAN, OR DEGRADING TREATMENT OR PUN- tries of the former Soviet Union. with respect to the detention and treatment ISHMENT.— (4) The cost of increased investment in the of captured international terrorists that is (1) IN GENERAL.—No prisoner shall be sub- prevention of proliferation of weapons of adhered to by all coalition forces. ject to torture or cruel, inhuman, or degrad- mass destruction and related dangerous ma- (2) Article 3 of the Convention Relative to ing treatment or punishment that is prohib- terials is greatly outweighed by the poten- the Treatment of Prisoners of War, done at ited by the Constitution, laws, or treaties of tially catastrophic cost to the United States Geneva August 12, 1949 (6 UST 3316) was spe- the United States. of use of weapons of mass destruction or re- cifically designed for cases in which the (2) RELATIONSHIP TO GENEVA CONVEN- lated dangerous materials by the terrorists usual rules of war do not apply, and the min- TIONS.—Nothing in this section shall affect who are so eager to acquire them. imum standards of treatment pursuant to the status of any person under the Geneva (b) SENSE OF CONGRESS.—It is the sense of such Article are generally accepted through- Conventions or whether any person is enti- Congress that— out the world as customary international tled to the protections of the Geneva Con- (1) maximum effort to prevent the pro- law. ventions. liferation of weapons of mass destruction, (b) DEFINITIONS.—In this section: (f) RULES, REGULATIONS, AND GUIDELINES.— wherever such proliferation may occur, is (1) CRUEL, INHUMAN, OR DEGRADING TREAT- (1) REQUIREMENT.—Not later than 180 days warranted; and MENT OR PUNISHMENT.—The term ‘‘cruel, in- after the date of the enactment of this Act, (2) the programs of the United States Gov- human, or degrading treatment or punish- the Secretary shall prescribe the rules, regu- ernment to prevent or counter the prolifera- ment’’ means the cruel, unusual, and inhu- lations, or guidelines necessary to ensure tion of weapons of mass destruction, includ- mane treatment or punishment prohibited compliance with the prohibition in sub- ing the Proliferation Security Initiative, the by the 5th amendment, 8th amendment, or section (e)(1) by the members of the Armed programs for Cooperative Threat Reduction, 14th amendment to the Constitution. Forces of the United States and by any per- and other nonproliferation assistance pro- (2) GENEVA CONVENTIONS.—The term ‘‘Gene- son providing services to the Department of grams, should be expanded, improved, and va Conventions’’ means— Defense on a contract basis. better funded to address the global dimen- (A) the Convention for the Amelioration of (2) REPORT TO CONGRESS.—The Secretary sions of the proliferation threat. the Condition of the Wounded and Sick in shall submit to Congress the rules, regula- (c) REQUIREMENT FOR STRATEGY.—Not later Armed Forces in the Field, done at Geneva tions, or guidelines prescribed under para- than 180 days after the date of the enactment August 12, 1949 (6 UST 3114); graph (1), and any modifications to such of this Act, the President shall submit to (B) the Convention for the Amelioration of rules, regulations, or guidelines— Congress— the Condition of the Wounded, Sick, and (A) not later than 30 days after the effec- (1) a strategy for expanding and strength- Shipwrecked Members of Armed Forces at tive date of such rules, regulations, guide- ening the Proliferation Security Initiative, Sea, done at Geneva August 12, 1949 (6 UST lines, or modifications; and the programs for Cooperative Threat Reduc- 3217); (B) in a manner and form that will protect tion, and other nonproliferation assistance (C) the Convention Relative to the Treat- the national security interests of the United programs; and ment of Prisoners of War, done at Geneva States. (2) an estimate of the funding necessary to August 12, 1949 (6 UST 3316); and (g) REPORT ON POSSIBLE VIOLATIONS.— execute that strategy.

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(d) REPORT ON REFORMING THE COOPERATIVE (1) Travel documents are as important to smugglers, travel agencies, and corrupt bor- THREAT REDUCTION PROGRAM AND OTHER terrorists as weapons since terrorists must der and transportation officials who assist NON-PROLIFERATION ASSISTANCE PROGRAMS.— travel clandestinely to meet, train, plan, terrorists; Not later than 180 days after the date of the case targets, and gain access to attack sites. (B) the initial and ongoing training and enactment of this Act, the President shall (2) International travel is dangerous for training materials required by consular, bor- submit to Congress a report evaluating terrorists because they must surface to pass der, and immigration officials to effectively whether the United States could more effec- through regulated channels, present them- detect and disrupt terrorist travel described tively address the global threat of nuclear selves to border security officials, or at- under subsection (c)(3); proliferation by— tempt to circumvent inspection points. (C) the new procedures required and ac- (1) establishing a central coordinator for (3) Terrorists use evasive, but detectable, tions to be taken to integrate existing the programs for Cooperative Threat Reduc- methods to travel, such as altered and coun- counterterrorist travel and mobility intel- tion; terfeit passports and visas, specific travel ligence into border security processes, in- (2) eliminating the requirement that the methods and routes, liaisons with corrupt cluding consular, port of entry, border pa- President spend no more than $50,000,000 an- government officials, human smuggling net- trol, maritime, immigration benefits, and re- nually on programs for Cooperative Threat works, supportive travel agencies, and immi- lated law enforcement activities; Reduction and other non-proliferation assist- gration and identity fraud. (D) the actions required to integrate cur- ance programs carried out outside the (4) Before September 11, 2001, no Federal rent terrorist mobility intelligence into former Soviet Union; or agency systematically analyzed terrorist military force protection measures; (3) repealing the provisions of the Soviet travel strategies. If an agency had done so, (E) the additional assistance to be given to Nuclear Threat Reduction Act of 1991 (22 the agency could have discovered the ways in the interagency Human Smuggling and Traf- U.S.C. 2551 note) that place conditions on as- which the terrorist predecessors to al Qaeda ficking Center for purposes of combatting sistance to the former Soviet Union unre- had been systematically, but detectably, ex- terrorist travel, including further developing lated to bilateral cooperation on weapons ploiting weaknesses in our border security and expanding enforcement and operational dismantlement. since the early 1990s. capabilities that address terrorist travel; SEC. 515. FINANCING OF TERRORISM. (5) Many of the hijackers were potentially (F) the additional resources to be given to (a) FINDINGS.—Consistent with the report vulnerable to interception by border authori- of the National Commission on Terrorist At- ties. Analyzing their characteristic travel the Directorate of Information and Analysis tacks Upon the United States, Congress documents and travel patterns could have al- and Infrastructure Protection to aid in the makes the following findings: lowed authorities to intercept some of the sharing of information between the frontline (1) While efforts to designate and freeze the hijackers and a more effective use of infor- border agencies of the Department of Home- assets of terrorist financiers have been rel- mation available in Government databases land Security and classified and unclassified atively unsuccessful, efforts to target the could have identified some of the hijackers. sources of counterterrorist travel intel- relatively small number of al Qaeda finan- (6) The routine operations of our immigra- ligence and information elsewhere in the cial facilitators have been valuable and suc- tion laws and the aspects of those laws not Federal Government, including the Human cessful. specifically aimed at protecting against ter- Smuggling and Trafficking Center; (2) The death or capture of several impor- rorism inevitably shaped al Qaeda’s planning (G) the development and implementation tant financial facilitators has decreased the and opportunities. of procedures to enable the Human Smug- amount of money available to al Qaeda, and (7) New insights into terrorist travel gling and Trafficking Center to timely re- has made it more difficult for al Qaeda to gained since September 11, 2001, have not ceive terrorist travel intelligence and docu- raise and move money. been adequately integrated into the front mentation obtained at consulates and ports (3) The capture of al Qaeda financial lines of border security. of entry, and by law enforcement officers and facilitators has provided a windfall of intel- (8) The small classified terrorist travel in- military personnel; ligence that can be used to continue the telligence collection and analysis program (H) the use of foreign and technical assist- cycle of disruption. currently in place has produced useful re- ance to advance border security measures (4) The United States Government has sults and should be expanded. and law enforcement operations against ter- rightly recognized that information about (b) STRATEGY.— rorist travel facilitators; terrorist money helps in understanding ter- (1) IN GENERAL.—Not later than 1 year after (I) the development of a program to pro- ror networks, searching them out, and dis- the date of enactment of this Act, the Sec- vide each consular, port of entry, and immi- rupting their operations. retary of Homeland Security shall submit to gration benefits office with a counterter- (b) SENSE OF CONGRESS.—It is the sense of Congress unclassified and classified versions rorist travel expert trained and authorized Congress that— of a strategy for combining terrorist travel to use the relevant authentication tech- (1) the primary weapon in the effort to stop intelligence, operations, and law enforce- nologies and cleared to access all appro- terrorist financing should be the targeting of ment into a cohesive effort to intercept ter- priate immigration, law enforcement, and terrorist financial facilitators by intel- rorists, find terrorist travel facilitators, and intelligence databases; ligence and law enforcement agencies; and constrain terrorist mobility domestically (J) the feasibility of digitally transmitting (2) efforts to track terrorist financing must and internationally. The report to Congress passport information to a central cadre of be paramount in United States counter-ter- should include a description of the actions specialists until such time as experts de- rorism efforts. taken to implement the strategy. scribed under subparagraph (I) are available (c) REPORT ON TERRORIST FINANCING.— (2) ACCOUNTABILITY.—The strategy sub- at consular, port of entry, and immigration (1) IN GENERAL.—Not later than 180 days mitted under paragraph (1) shall— benefits offices; and after the date of the enactment of this Act, (A) describe a program for collecting, ana- (K) granting consular officers the security the President shall submit to Congress a re- lyzing, disseminating, and utilizing informa- clearances necessary to access law enforce- port evaluating the effectiveness of United tion and intelligence regarding terrorist ment sensitive databases. States efforts to curtail the international fi- travel tactics and methods; and nancing of terrorism. (B) outline which Federal intelligence, dip- (c) FRONTLINE COUNTERTERRORIST TRAVEL (2) CONTENTS.—The report required by lomatic, and law enforcement agencies will TECHNOLOGY AND TRAINING.— paragraph (1) shall evaluate and make rec- be held accountable for implementing each (1) TECHNOLOGY ACQUISITION AND DISSEMINA- ommendations on— element of the strategy. TION PLAN.—Not later than 180 days after the (A) the effectiveness of efforts and methods (3) COORDINATION.—The strategy shall be date of enactment of this Act, the Secretary to track terrorist financing; developed in coordination with all relevant of Homeland Security, in conjunction with (B) ways to improve international govern- Federal agencies, including— the Secretary of State, shall submit to Con- mental cooperation in this effort; (A) the National Counterterrorism Center; gress a plan describing how the Department (C) ways to improve performance of finan- (B) the Department of Transportation; of Homeland Security and the Department of cial institutions in this effort; (C) the Department of State; State can acquire and deploy, to all con- (D) the adequacy of agency coordination in (D) the Department of the Treasury; sulates, ports of entry, and immigration ben- this effort and ways to improve that coordi- (E) the Department of Justice; efits offices, technologies that facilitate doc- nation; and (F) the Department of Defense; ument authentication and the detection of (E) recommendations for changes in law (G) the Federal Bureau of Investigation; potential terrorist indicators on travel docu- and additional resources required to improve (H) the Drug Enforcement Agency; and ments. this effort. (I) the agencies that comprise the intel- (2) CONTENTS OF PLAN.—The plan submitted TITLE VI—TERRORIST TRAVEL AND ligence community. under paragraph (1) shall— EFFECTIVE SCREENING (4) CONTENTS.—The strategy shall ad- (A) outline the timetable needed to acquire SEC. 601. COUNTERTERRORIST TRAVEL INTEL- dress— and deploy the authentication technologies; LIGENCE. (A) the intelligence and law enforcement (B) identify the resources required to— (a) FINDINGS.—Consistent with the report collection, analysis, operations, and report- (i) fully disseminate these technologies; of the National Commission on Terrorist At- ing required to identify and disrupt terrorist and tacks Upon the United States, Congress travel practices and trends, and the terrorist (ii) train personnel on use of these tech- makes the following findings: travel facilitators, document forgers, human nologies; and

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(C) address the feasibility of using these (1) AUTHORIZATION.—The Secretary may (ii) plans for the development and imple- technologies to screen every passport sub- promulgate standards for screening proce- mentation of phases II and III. mitted for identification purposes to a dures for— (2) PHASE II.—The Secretary shall— United States consular, border, or immigra- (A) entering and leaving the United States; (A) complete the implementation of a sin- tion official. (B) accessing Federal facilities that the gle program for registered travelers to expe- (3) TRAINING PROGRAM.— Secretary determines need to be protected dite travel across the border, as required by (A) IN GENERAL.—The Secretary of Home- against terrorist attack; section 603(e); land Security and the Secretary of State (C) accessing critical infrastructure that (B) complete the implementation of a bio- shall develop and implement an initial and the Secretary determines need to be pro- metric entry and exit data system that links annual training program for consular, bor- tected against terrorist attack; and to relevant databases and data systems, as der, and immigration officials to teach such (D) accessing modes of transportation that required by subsections (b) and (c) of section officials how to effectively detect and dis- the Secretary determines need to be pro- 603, and other existing authorities; rupt terrorist travel. The Secretary may as- tected against terrorist attack. (C) in cooperation with other relevant sist State, local, and tribal governments, and (2) SCOPE.—Standards prescribed under this agencies, engage in dialogue with foreign private industry, in establishing training subsection may address a range of factors, governments to develop plans for the use of programs related to terrorist travel intel- including technologies required to be used in common screening standards; ligence. screening and requirements for secure iden- (D) initiate any other action determined (B) TRAINING TOPICS.—The training devel- tification. appropriate by the Secretary to facilitate oped under this paragraph shall include (3) REQUIREMENTS.—In promulgating stand- the implementation of this paragraph; and training in— ards for screening procedures, the Secretary (E) report to Congress on the implementa- (i) methods for identifying fraudulent doc- shall— tion of phase II, including— uments; (A) consider and incorporate appropriate (i) the effectiveness of actions taken, the (ii) detecting terrorist indicators on travel civil liberties and privacy protections; efficacy of resources expended, compliance documents; (B) comply with the Administrative Proce- with statutory provisions, and safeguards for (iii) recognizing travel patterns, tactics, dure Act; and privacy and civil liberties; and and behaviors exhibited by terrorists; (C) consult with other Federal, State, (ii) the plans for the development and im- (iv) the use of information contained in local, and tribal governments, and other in- plementation of phase III. available databases and data systems and terested parties, as appropriate. (3) PHASE III.—The Secretary shall— procedures to maintain the accuracy and in- (4) LIMITATION.—This section does not con- (A) finalize and deploy the integrated tegrity of such systems; and fer to the Secretary new statutory author- screening system required by subsection (a); (v) other topics determined necessary by ity, or alter existing authorities, over sys- (B) in cooperation with other relevant the Secretary of Homeland Security and the tems, critical infrastructure, and facilities. agencies, promote the implementation of Secretary of State. (5) NOTIFICATION.—If the Secretary deter- common screening standards by foreign gov- (C) CERTIFICATION.—Not later than 1 year mines that additional regulatory authority ernments; and after the date of enactment of this Act— is needed to fully implement the plan for an (C) report to Congress on the implementa- (i) the Secretary of Homeland Security integrated screening system, the Secretary tion of Phase III, including— shall certify to Congress that all border and shall immediately notify Congress. (i) the effectiveness of actions taken, the immigration officials have received training (d) COMPLIANCE.—The Secretary may issue efficacy of resources expended, compliance under this paragraph; and regulations to ensure compliance with the with statutory provisions, and safeguards for (ii) the Secretary of State shall certify to standards promulgated under this section. privacy and civil liberties; and Congress that all consular officers have re- (e) CONSULTATION.—For those systems, (ii) the plans for the ongoing operation of ceived training under this paragraph. critical infrastructure, and facilities that the integrated screening system. (4) AUTHORIZATION OF APPROPRIATIONS.— the Secretary determines need to be pro- (h) REPORT.—After phase III has been im- There are authorized to be appropriated to tected against terrorist attack, the Sec- plemented, the Secretary shall submit a re- the Secretary for each of the fiscal years 2005 retary shall consult with other Federal agen- port to Congress every 3 years that describes through 2009 such sums as may be necessary cies, State, local, and tribal governments, the ongoing operation of the integrated to carry out the provisions of this sub- and the private sector to ensure the develop- screening system, including its effectiveness, section. ment of consistent standards and consistent efficient use of resources, compliance with (d) ENHANCING CLASSIFIED COUNTERTERROR- implementation of the integrated screening statutory provisions, and safeguards for pri- IST TRAVEL EFFORTS.— system. vacy and civil liberties. (1) IN GENERAL.—The National Intelligence (f) BIOMETRIC IDENTIFIERS.—In carrying out (i) AUTHORIZATIONS.—There are authorized Director shall significantly increase re- this section, the Secretary shall continue to to be appropriated to the Secretary for each sources and personnel to the small classified review biometric technologies and existing of the fiscal years 2005 through 2009, such program that collects and analyzes intel- Federal and State programs using biometric sums as may be necessary to carry out the ligence on terrorist travel. identifiers. Such review shall consider the provisions of this section. (2) AUTHORIZATION OF APPROPRIATIONS.— accuracy rate of available technologies. SEC. 603. BIOMETRIC ENTRY AND EXIT DATA SYS- There are authorized to be appropriated for (g) IMPLEMENTATION.— TEM. each of the fiscal years 2005 through 2009 (1) PHASE I.—The Secretary shall— (a) FINDINGS.—Consistent with the report such sums as may be necessary to carry out (A) issue standards for driver’s licenses, of the National Commission on Terrorist At- this subsection. personal identification cards, and birth cer- tacks Upon the United States, Congress finds SEC. 602. INTEGRATED SCREENING SYSTEM. tificates, as required under section 606; that completing a biometric entry and exit (B) develop plans for, and begin implemen- data system as expeditiously as possible is (a) IN GENERAL.—The Secretary of Home- tation of, a single program for registered an essential investment in efforts to protect land Security shall develop a plan for a com- travelers to expedite travel across the bor- the United States by preventing the entry of prehensive integrated screening system. der, as required under section 603(e); terrorists. (b) DESIGN.—The system planned under (C) continue the implementation of a bio- (b) PLAN AND REPORT.— subsection (a) shall be designed to— metric exit and entry data system that links (1) DEVELOPMENT OF PLAN.—The Secretary (1) encompass an integrated network of to relevant databases and data systems, as of Homeland Security shall develop a plan to screening points that includes the Nation’s required by subsections (b) and (c) of section accelerate the full implementation of an border security system, transportation sys- 603 and other existing authorities; automated biometric entry and exit data tem, and critical infrastructure or facilities (D) centralize the ‘‘no-fly’’ and ‘‘auto- system required by applicable sections of— that the Secretary determines need to be matic-selectee’’ lists, making use of im- (A) the Illegal Immigration Reform and protected against terrorist attack; proved terrorists watch lists, as required by Immigrant Responsibility Act of 1996 (Public (2) build upon existing border enforcement section 703; Law 104–208); and security activities, and to the extent (E) develop plans, in consultation with (B) the Immigration and Naturalization practicable, private sector security initia- other relevant agencies, for the sharing of Service Data Management Improvement Act tives, in a manner that will enable the utili- terrorist information with trusted govern- of 2000 (Public Law 106–205); zation of a range of security check points in ments, as required by section 605; (C) the Visa Waiver Permanent Program a continuous and consistent manner (F) initiate any other action determined Act (Public Law 106–396); throughout the Nation’s screening system; appropriate by the Secretary to facilitate (D) the Enhanced Border Security and Visa (3) allow access to government databases the implementation of this paragraph; and Entry Reform Act of 2002 (Public Law 107– to detect terrorists; and (G) report to Congress on the implementa- 173); and (4) utilize biometric identifiers that the tion of phase I, including— (E) the Uniting and Strengthening Amer- Secretary determines to be appropriate and (i) the effectiveness of actions taken, the ica by Providing Appropriate Tools Required feasible. efficacy of resources expended, compliance to Intercept and Obstruct Terrorism (USA (c) STANDARDS FOR SCREENING PROCE- with statutory provisions, and safeguards for PATRIOT ACT) Act of 2001 (Public Law 107– DURES.— privacy and civil liberties; and 56).

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(2) REPORT.—Not later than 180 days after tacks Upon the United States, Congress finds and categories of individuals for whom docu- the date of enactment of this Act, the Sec- that— mentation requirements have previously retary shall submit a report to Congress on (A) expediting the travel of previously been waived under section 212(d)(4)(B) of such the plan developed under paragraph (1), screened and known travelers across the bor- Act, to carry and produce the documentation which shall contain— ders of the United States should be a high described in paragraph (1) when traveling (A) a description of the current priority; and from foreign countries into the United functionality of the entry and exit data sys- (B) the process of expediting known trav- States. tem, including— elers across the border can permit inspectors (c) TECHNICAL AND CONFORMING AMEND- (i) a listing of ports of entry with biomet- to better focus on identifying terrorists at- MENTS.—After the complete implementation ric entry data systems in use and whether tempting to enter the United States. of the plan described in subsection (b)— such screening systems are located at pri- (2) DEFINITION.—The term ‘‘registered trav- (1) the Secretary of State and the Attorney mary or secondary inspection areas; eler program’’ means any program designed General may no longer exercise discretion (ii) a listing of ports of entry with biomet- to expedite the travel of previously screened under section 212(d)(4)(B) of such Act to ric exit data systems in use; and known travelers across the borders of waive documentary requirements for travel (iii) a listing of databases and data systems the United States. into the United States; and with which the automated entry and exit (3) REGISTERED TRAVEL PLAN.— (2) the President may no longer exercise data system are interoperable; (A) IN GENERAL.—As soon as is practicable, discretion under section 215(b) of such Act to (iv) a description of— the Secretary shall develop and implement a waive documentary requirements for United (I) identified deficiencies concerning the plan to expedite the processing of registered States citizens departing from or entering, accuracy or integrity of the information con- travelers who enter and exit the United or attempting to depart from or enter, the tained in the entry and exit data system; States through a single registered traveler United States, unless the Secretary of State (II) identified deficiencies concerning tech- program. determines that the alternative documenta- nology associated with processing individ- (B) INTEGRATION.—The registered traveler tion that is the basis for the waiver of the uals through the system; and program developed under this paragraph documentary requirement is at least as se- (III) programs or policies planned or imple- shall be integrated into the automated bio- cure as a biometric passport. mented to correct problems identified in sub- metric entry and exit data system described (d) TRANSIT WITHOUT VISA PROGRAM.—The clause (I) or (II); and in this section. Secretary of State shall not use any authori- (v) an assessment of the effectiveness of (C) REVIEW AND EVALUATION.—In devel- ties granted under section 212(d)(4)(C) of such the entry and exit data system in fulfilling oping the program under this paragraph, the Act until the Secretary, in conjunction with its intended purposes, including preventing Secretary shall— the Secretary of Homeland Security, com- terrorists from entering the United States; (i) review existing programs or pilot pletely implements a security plan to fully (B) a description of factors relevant to the projects designed to expedite the travel of ensure secure transit passage areas to pre- accelerated implementation of the biometric registered travelers across the borders of the vent aliens proceeding in immediate and entry and exit system, including— United States; continuous transit through the United (i) the earliest date on which the Secretary (ii) evaluate the effectiveness of the pro- States from illegally entering the United estimates that full implementation of the bi- grams described in clause (i), the costs asso- States. ometric entry and exit data system can be ciated with such programs, and the costs to SEC. 605. EXCHANGE OF TERRORIST INFORMA- completed; travelers to join such programs; and TION. (a) FINDINGS.—Consistent with the report (ii) the actions the Secretary will take to (iii) increase research and development ef- of the National Commission on Terrorist At- accelerate the full implementation of the bi- forts to accelerate the development and im- tacks Upon the United States, Congress finds ometric entry and exit data system at all plementation of a single registered traveler that— ports of entry through which all aliens must program. (1) the exchange of terrorist information pass that are legally required to do so; and (4) REPORT.—Not later than 1 year after with other countries, consistent with pri- (iii) the resources and authorities required the date of enactment of this Act, the Sec- vacy requirements, along with listings of to enable the Secretary to meet the imple- retary shall submit to Congress a report de- lost and stolen passports, will have imme- mentation date described in clause (i); scribing the Department’s progress on the diate security benefits; and (C) a description of any improvements development and implementation of the plan (2) the further away from the borders of needed in the information technology em- required by this subsection. the United States that screening occurs, the ployed for the entry and exit data system; (e) AUTHORIZATION OF APPROPRIATIONS.— more security benefits the United States will and There are authorized to be appropriated to gain. (D) a description of plans for improved or the Secretary, for each of the fiscal years (b) SENSE OF CONGRESS.—It is the sense of added interoperability with any other data- 2005 through 2009, such sums as may be nec- bases or data systems. Congress that— essary to carry out the provisions of this sec- (1) the United States Government should (c) INTEGRATION REQUIREMENT.—Not later tion. than 2 years after the date of enactment of exchange terrorist information with trusted this Act, the Secretary shall integrate the SEC. 604. TRAVEL DOCUMENTS. allies; biometric entry and exit data system with (a) FINDINGS.—Consistent with the report (2) the United States Government should all databases and data systems maintained of the National Commission on Terrorist At- move toward real-time verification of pass- by the United States Citizenship and Immi- tacks Upon the United States, Congress finds ports with issuing authorities; gration Services that process or contain in- that— (3) where practicable the United States formation on aliens. (1) existing procedures allow many individ- Government should conduct screening before (d) MAINTAINING ACCURACY AND INTEGRITY uals to enter the United States by showing a passenger departs on a flight destined for OF ENTRY AND EXIT DATA SYSTEM.— minimal identification or without showing the United States; (1) IN GENERAL.—The Secretary, in con- any identification; (4) the United States Government should sultation with other appropriate agencies, (2) the planning for the terrorist attacks of work with other countries to ensure effective shall establish rules, guidelines, policies, and September 11, 2001, demonstrates that terror- inspection regimes at all airports; operating and auditing procedures for col- ists study and exploit United States (5) the United States Government should lecting, removing, and updating data main- vulnerabilities; and work with other countries to improve pass- tained in, and adding information to, the (3) additional safeguards are needed to en- port standards and provide foreign assistance entry and exit data system, and databases sure that terrorists cannot enter the United to countries that need help making the tran- and data systems linked to the entry and States. sition to the global standard for identifica- exit data system, that ensure the accuracy (b) BIOMETRIC PASSPORTS.— tion; and and integrity of the data. (1) DEVELOPMENT OF PLAN.—The Secretary (6) the Department of Homeland Security, (2) REQUIREMENTS.—The rules, guidelines, of Homeland Security, in consultation with in coordination with the Department of policies, and procedures established under the Secretary of State, shall develop and im- State and other agencies, should implement paragraph (1) shall— plement a plan as expeditiously as possible the initiatives called for in this subsection. (A) incorporate a simple and timely meth- to require biometric passports or other iden- (c) REPORT REGARDING THE EXCHANGE OF od for— tification deemed by the Secretary to be at TERRORIST INFORMATION.— (i) correcting errors; and least as secure as a biometric passport, for (1) IN GENERAL.—Not later than 180 days (ii) clarifying information known to cause all travel into the United States by United after the date of enactment of this Act, the false hits or misidentification errors; and States citizens and by categories of individ- Secretary of State and the Secretary of (B) include procedures for individuals to uals for whom documentation requirements Homeland Security, working with other seek corrections of data contained in the have previously been waived under section agencies, shall submit to the appropriate data systems. 212(d)(4)(B) of the Immigration and Nation- committees of Congress a report on Federal (e) EXPEDITING REGISTERED TRAVELERS ality Act (8 U.S.C. 1182(d)(4)(B)). efforts to collaborate with allies of the ACROSS INTERNATIONAL BORDERS.— (2) REQUIREMENT TO PRODUCE DOCUMENTA- United States in the exchange of terrorist in- (1) FINDINGS.—Consistent with the report TION.—The plan developed under paragraph formation. of the National Commission on Terrorist At- (1) shall require all United States citizens, (2) CONTENTS.—The report shall outline—

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(A) strategies for increasing such collabo- ‘‘(A) IN GENERAL.—Beginning on the date a ‘‘(C) standards for the processing of appli- ration and cooperation; final regulation is promulgated under sub- cations for driver’s licenses and identifica- (B) progress made in screening passengers section (b)(2), the Secretary shall make tion cards to prevent fraud; before their departure to the United States; grants to States to assist them in con- ‘‘(D) security standards to ensure that and forming to the minimum standards for birth driver’s licenses and identification cards (C) efforts to work with other countries to certificates set forth in the regulation. are— accomplish the goals described under this ‘‘(B) ALLOCATION OF GRANTS.—The Sec- ‘‘(i) resistant to tampering, alteration, or section. retary shall make grants to States under counterfeiting; and SEC. 606. MINIMUM STANDARDS FOR IDENTIFICA- this paragraph based on the proportion that ‘‘(ii) capable of accommodating a digital TION-RELATED DOCUMENTS. the estimated average annual number of photograph or other unique identifier; and (a) IN GENERAL.—Subtitle H of title VIII of birth certificates issued by a State applying ‘‘(E) a requirement that a State confiscate the Homeland Security Act of 2002 (6 U.S.C. for a grant bears to the estimated average a driver’s license or identification card if 451 et seq.) is amended by adding at the end annual number of birth certificates issued by any component or security feature of the li- the following: all States. cense or identification card is compromised. ‘‘SEC. 890A. MINIMUM STANDARDS FOR BIRTH ‘‘(2) ASSISTANCE IN MATCHING BIRTH AND ‘‘(3) CONTENT OF REGULATIONS.—The regula- CERTIFICATES. DEATH RECORDS.— tions required by paragraph (2)— ‘‘(a) DEFINITION.—In this section, the term ‘‘(A) IN GENERAL.—The Secretary, in co- ‘‘(A) shall facilitate communication be- ‘birth certificate’ means a certificate of ordination with other appropriate Federal tween the chief driver licensing official of a birth— agencies, shall make grants to States to as- State and an appropriate official of a Federal ‘‘(1) for an individual (regardless of where sist them in— agency to verify the authenticity of docu- born)— ‘‘(i) computerizing their birth and death ments issued by such Federal agency and ‘‘(A) who is a citizen or national of the records; presented to prove the identity of an indi- United States at birth; and ‘‘(ii) developing the capability to match vidual; ‘‘(B) whose birth is registered in the United birth and death records within each State ‘‘(B) may not directly or indirectly in- States; and and among the States; and fringe on a State’s power to set eligibility ‘‘(2) that— ‘‘(iii) noting the fact of death on the birth criteria for obtaining a driver’s license or ‘‘(A) is issued by a Federal, State, or local certificates of deceased persons. identification card from that State; and government agency or authorized custodian ‘‘(B) ALLOCATION OF GRANTS.—The Sec- ‘‘(C) may not require a State to comply of record and produced from birth records retary shall make grants to States under with any such regulation that conflicts with maintained by such agency or custodian of this paragraph based on the proportion that or otherwise interferes with the full enforce- record; or the estimated annual average number of ment of such eligibility criteria by the ‘‘(B) is an authenticated copy, issued by a birth and death records created by a State State. Federal, State, or local government agency applying for a grant bears to the estimated ‘‘(4) CONSULTATION WITH GOVERNMENT AGEN- or authorized custodian of record, of an annual average number of birth and death CIES.—In promulgating the standards re- original certificate of birth issued by such records originated by all States. quired by paragraph (2), the Secretary shall agency or custodian of record. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— consult with the Department of Transpor- ‘‘(b) STANDARDS FOR ACCEPTANCE BY FED- There are authorized to be appropriated to tation, the chief driver licensing official of ERAL AGENCIES.— the Secretary for each of the fiscal years 2005 each State, any other State organization ‘‘(1) IN GENERAL.—Beginning 2 years after through 2009 such sums as may be necessary that issues personal identification cards, and the promulgation of minimum standards to carry out this section. any organization, determined appropriate by under paragraph (2), no Federal agency may ‘‘SEC. 890B. DRIVER’S LICENSES AND PERSONAL the Secretary, that represents the interests accept a birth certificate for any official pur- IDENTIFICATION CARDS. of the States. pose unless the certificate conforms to such ‘‘(a) DEFINITIONS.—In this section: ‘‘(c) GRANTS TO STATES.— standards. ‘‘(1) DRIVER’S LICENSE.—The term ‘driver’s ‘‘(1) ASSISTANCE IN MEETING FEDERAL ‘‘(2) MINIMUM STANDARDS.—Within 1 year license’ means a motor vehicle operator’s li- STANDARDS.—Beginning on the date a final after the date of enactment of this section, cense as defined in section 30301(5) of title 49, regulation is promulgated under subsection the Secretary shall by regulation establish United States Code. (b)(2), the Secretary shall make grants to minimum standards for birth certificates for ‘‘(2) PERSONAL IDENTIFICATION CARD.—The States to assist them in conforming to the use by Federal agencies for official purposes term ‘personal identification card’ means an minimum standards for driver’s licenses and that— identification document (as defined in sec- personal identification cards set forth in the ‘‘(A) at a minimum, shall require certifi- tion 1028(d)(3) of title 18, United States Code) regulation. cation of the birth certificate by the State or issued by a State. ‘‘(2) ALLOCATION OF GRANTS.—The Sec- local government custodian of record that ‘‘(b) STANDARDS FOR ACCEPTANCE BY FED- retary shall make grants to States under issued the certificate, and shall require the ERAL AGENCIES.— this subsection based on the proportion that use of safety paper, the seal of the issuing ‘‘(1) IN GENERAL.— the estimated average annual number of custodian of record, and other features de- ‘‘(A) LIMITATION ON ACCEPTANCE.—No Fed- driver’s licenses and personal identification signed to prevent tampering, counterfeiting, eral agency may accept, for any official pur- cards issued by a State applying for a grant or otherwise duplicating the birth certificate pose, a driver’s license or personal identifica- bears to the average annual number of such for fraudulent purposes; tion card issued by a State more than 2 years documents issued by all States. ‘‘(B) shall establish requirements for proof after the promulgation of the minimum ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— and verification of identity as a condition of standards under paragraph (2) unless the There are authorized to be appropriated to issuance of a birth certificate, with addi- driver’s license or personal identification the Secretary for each of the fiscal years 2005 tional security measures for the issuance of card conforms to such minimum standards. through 2009, such sums as may be necessary a birth certificate for a person who is not the ‘‘(B) DATE FOR CONFORMANCE.—The Sec- to carry out this section. applicant; retary shall establish a date after which no ‘‘SEC. 890C. SOCIAL SECURITY CARDS. ‘‘(C) may not require a single design to driver’s license or personal identification ‘‘(a) SECURITY ENHANCEMENTS.—The Com- which birth certificates issued by all States card shall be accepted by a Federal agency missioner of Social Security shall— must conform; and for any official purpose unless such driver’s ‘‘(1) within 180 days after the date of enact- ‘‘(D) shall accommodate the differences be- license or personal identification card con- ment of this section, issue regulations to re- tween the States in the manner and form in forms to the minimum standards established strict the issuance of multiple replacement which birth records are stored and birth cer- under paragraph (2). The date shall be as social security cards to any individual to tificates are produced from such records. early as the Secretary determines it is prac- minimize fraud; ‘‘(3) CONSULTATION WITH GOVERNMENT AGEN- ticable for the States to comply with such ‘‘(2) within 1 year after the date of enact- CIES.—In promulgating the standards re- date with reasonable efforts. ment of this section, require independent quired by paragraph (2), the Secretary shall ‘‘(2) MINIMUM STANDARDS.—Within 1 year verification of all records provided by an ap- consult with State vital statistics offices and after the date of enactment of this section, plicant for an original social security card, appropriate Federal agencies. the Secretary shall by regulation establish other than for purposes of enumeration at ‘‘(4) EXTENSION OF EFFECTIVE DATE.—The minimum standards for driver’s licenses or birth; and Secretary may extend the 2-year date under personal identification cards issued by a ‘‘(3) within 18 months after the date of en- paragraph (1) by up to 2 additional years for State for use by Federal agencies for identi- actment of this section, add death, fraud, birth certificates issued before that 2-year fication purposes that shall include— and work authorization indicators to the so- date if the Secretary determines that the ‘‘(A) standards for documentation required cial security number verification system. States are unable to comply with such date as proof of identity of an applicant for a ‘‘(b) INTERAGENCY SECURITY TASK FORCE.— after making reasonable efforts to do so. driver’s license or identification card; The Secretary and the Commissioner of So- ‘‘(c) GRANTS TO STATES.— ‘‘(B) standards for third-party verification cial Security shall form an interagency task ‘‘(1) ASSISTANCE IN MEETING FEDERAL of the authenticity of documents used to ob- force for the purpose of further improving STANDARDS.— tain a driver’s license or identification card; the security of social security cards and

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Within 1 year after the date of en- ties, and establishes mechanisms for encour- ments originating in the United States with actment of this section, the task force shall aging private sector cooperation and partici- a comprehensive, consolidated database con- establish security requirements, including— pation in the implementation of such plan. taining information about known or sus- ‘‘(1) standards for safeguarding social secu- (5) A comprehensive delineation of re- pected terrorists and their associates; and rity cards from counterfeiting, tampering, sponse and recovery responsibilities and (2) use the information obtained by com- alteration, and theft; issues regarding threatened and executed paring the passenger information with the ‘‘(2) requirements for verifying documents acts of terrorism within the United States. information in the database to prevent submitted for the issuance of replacement (6) A prioritization of research and devel- known or suspected terrorists and their asso- cards; and opment objectives that support transpor- ciates from boarding such flights or flight ‘‘(3) actions to increase enforcement tation security needs, giving a higher pri- segments or to subject them to specific addi- against the fraudulent use or issuance of so- ority to research and development directed tional security scrutiny, through the use of cial security numbers and cards. toward protecting vital assets. ‘‘no fly’’ and ‘‘automatic selectee’’ lists or ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (7) A budget and recommendations for ap- other means. propriate levels and sources of funding to There are authorized to be appropriated to (b) AIR CARRIER COOPERATION.—The Sec- meet the objectives set forth in the strategy. the Commissioner of Social Security for retary of Homeland Security, in coordina- (c) SUBMISSIONS TO CONGRESS.— each of the fiscal years 2005 through 2009, tion with the Secretary of Transportation, (1) THE NATIONAL STRATEGY.— such sums as may be necessary to carry out shall by order require air carriers to provide (A) INITIAL STRATEGY.—The Secretary of this section.’’. the passenger information necessary to im- (b) TECHNICAL AND CONFORMING AMEND- Homeland Security shall submit the Na- plement the procedure required by sub- MENTS.— tional Strategy for Transportation Security section (a). (1) Section 656 of the Illegal Immigration developed under this section to Congress not Reform and Immigrant Responsibility Act of later than April 1, 2005. (c) MAINTAINING THE ACCURACY AND INTEG- 1996 (5 U.S.C. 301 note) is repealed. (B) SUBSEQUENT VERSIONS.—After 2005, the RITY OF THE ‘‘NO FLY’’ AND ‘‘AUTOMATIC SE- (2) Section 1(b) of the Homeland Security Secretary of Homeland Security shall sub- LECTEE’’ LISTS.— Act of 2002 (Public Law 107–296; 116 Stat. 2135) mit the National Strategy for Transpor- (1) WATCHLIST DATABASE.—The Secretary is amended by inserting after the item relat- tation Security, including any revisions, to of Homeland Security, in consultation with ing to section 890 the following: Congress not less frequently than April 1 of the Director of the Federal Bureau of Inves- each even-numbered year. tigation, shall design guidelines, policies, ‘‘Sec. 890A. Minimum standards for birth cer- (2) PERIODIC PROGRESS REPORT.— and operating procedures for the collection, tificates. ‘‘Sec. 890B. Driver’s licenses and personal (A) REQUIREMENT FOR REPORT.—Each year, removal, and updating of data maintained, identification cards. in conjunction with the submission of the or to be maintained, in the watchlist data- ‘‘Sec. 890C. Social security cards.’’. budget to Congress under section 1105(a) of base described in subsection (a)(1) that are title 31, United States Code, the Secretary of designed to ensure the accuracy and integ- TITLE VII—TRANSPORTATION SECURITY Homeland Security shall submit to Congress rity of the database. SEC. 701. DEFINITIONS. an assessment of the progress made on im- (2) ACCURACY OF ENTRIES.—In developing In this title, the terms ‘‘air carrier’’, ‘‘air plementing the National Strategy for Trans- the ‘‘no fly’’ and ‘‘automatic selectee’’ lists transportation’’, ‘‘aircraft’’, ‘‘airport’’, portation Security. under subsection (a)(2), the Secretary of ‘‘cargo’’, ‘‘foreign air carrier’’, and ‘‘intra- (B) CONTENT.—Each progress report under Homeland Security shall establish a simple state air transportation’’ have the meanings this paragraph shall include, at a minimum, and timely method for correcting erroneous given such terms in section 40102 of title 49, the following matters: entries, for clarifying information known to United States Code. (i) An assessment of the adequacy of the cause false hits or misidentification errors, SEC. 702. NATIONAL STRATEGY FOR TRANSPOR- resources committed to meeting the objec- and for updating relevant information that TATION SECURITY. tives of the National Strategy for Transpor- is dispositive in the passenger screening (a) REQUIREMENT FOR STRATEGY.— tation Security. process. The Secretary shall also establish a (1) RESPONSIBILITIES OF SECRETARY OF (ii) Any recommendations for improving process to provide individuals whose names HOMELAND SECURITY.—The Secretary of and implementing that strategy that the are confused with, or similar to, names in Homeland Security shall— Secretary, in consultation with the Sec- the database with a means of demonstrating (A) develop and implement a National retary of Transportation, considers appro- that they are not a person named in the Strategy for Transportation Security; and priate. database. (B) revise such strategy whenever nec- (3) CLASSIFIED MATERIAL.—Any part of the essary to improve or to maintain the cur- SEC. 704. ENHANCED PASSENGER AND CARGO National Strategy for Transportation Secu- SCREENING. rency of the strategy or whenever the Sec- rity that involves information that is prop- retary otherwise considers it appropriate to erly classified under criteria established by (a) AIRCRAFT PASSENGER SCREENING AT do so. Executive order shall be submitted to Con- CHECKPOINTS.— (2) CONSULTATION WITH SECRETARY OF gress separately in classified form. (1) DETECTION OF EXPLOSIVES.— TRANSPORTATION.—The Secretary of Home- (d) PRIORITY STATUS.— (A) IMPROVEMENT OF CAPABILITIES.—As land Security shall consult with the Sec- (1) IN GENERAL.—The National Strategy for soon as practicable after the date of the en- retary of Transportation in developing and Transportation Security shall be the gov- actment of this Act, the Secretary of Home- revising the National Strategy for Transpor- erning document for Federal transportation land Security shall take such action as is tation Security under this section. security efforts. necessary to improve the capabilities at pas- (b) CONTENT.—The National Strategy for (2) OTHER PLANS AND REPORTS.—The Na- senger screening checkpoints, especially at Transportation Security shall include the tional Strategy for Transportation Security commercial airports, to detect explosives following matters: shall include, as an integral part or as an ap- carried aboard aircraft by passengers or (1) An identification and evaluation of the pendix— placed aboard aircraft by passengers. transportation assets within the United (A) the current National Maritime Trans- (B) INTERIM ACTION.—Until measures are States that, in the interests of national secu- portation Security Plan under section 70103 implemented that enable the screening of all rity, must be protected from attack or dis- of title 46, United States Code; passengers for explosives, the Secretary shall ruption by terrorist or other hostile forces, (B) the report of the Secretary of Trans- take immediate measures to require Trans- including aviation, bridge and tunnel, com- portation under section 44938 of title 49, portation Security Administration or other muter rail and ferry, highway, maritime, United States Code; and screeners to screen for explosives any indi- pipeline, rail, urban mass transit, and other (C) any other transportation security plan vidual identified for additional screening be- public transportation infrastructure assets or report that the Secretary of Homeland Se- fore that individual may board an aircraft. that could be at risk of such an attack or curity determines appropriate for inclusion. (2) IMPLEMENTATION REPORT.— disruption. SEC. 703. USE OF WATCHLISTS FOR PASSENGER (A) REQUIREMENT FOR REPORT.—Within 90 (2) The development of the risk-based pri- AIR TRANSPORTATION SCREENING. days after the date of the enactment of this orities, and realistic deadlines, for address- (a) IN GENERAL.—The Secretary of Home- Act, the Secretary of Homeland Security ing security needs associated with those as- land Security, acting through the Transpor- shall transmit to the Senate and the House sets. tation Security Administration, as soon as of Representatives a report on how the Sec- (3) The most practical and cost-effective practicable after the date of the enactment retary intends to achieve the objectives of means of defending those assets against of this Act but in no event later than 90 days the actions required under paragraph (1). The threats to their security. after that date, shall— report shall include an implementation (4) A forward-looking strategic plan that (1) implement a procedure under which the schedule. assigns transportation security roles and Transportation Security Administration (B) CLASSIFIED INFORMATION.—The Sec- missions to departments and agencies of the compares information about passengers who retary may submit separately in classified Federal Government (including the Armed are to be carried aboard a passenger aircraft form any information in the report under Forces), State governments (including the operated by an air carrier or foreign air car- subparagraph (A) that involves information Army National Guard and Air National rier in air transportation or intrastate air that is properly classified under criteria es- Guard), local governments, and public utili- transportation for flights and flight seg- tablished by Executive order.

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(b) ACCELERATION OF RESEARCH AND DEVEL- (4) REGION.—The term ‘‘region’’ means any (6) APPLICABILITY OF FEDERAL ADVISORY OPMENT ON, AND DEPLOYMENT OF, DETECTION intrastate or interstate consortium of local COMMITTEE ACT.—The Federal Advisory Com- OF EXPLOSIVES.— governments. mittee Act (5 U.S.C. App.) shall apply to the (1) REQUIRED ACTION.—The Secretary of (5) SECRETARY.—The term ‘‘Secretary’’ advisory panel. Homeland Security, in consultation with the means the Secretary of Homeland Security. (7) ADMINISTRATIVE SUPPORT SERVICES.— Secretary of Transportation, shall take such (6) STATE.—The term ‘‘State’’ has the The Secretary shall provide administrative action as may be necessary to accelerate re- meaning given that term in section 2(14) of support services to the advisory panel. search and development and deployment of the Homeland Security Act of 2002 (6 U.S.C. (e) TECHNICAL AND CONFORMING AMEND- technology for screening aircraft passengers 101(14)). MENT.—Section 1014(c) of the USA PATRIOT for explosives during or before the aircraft (7) UNDER SECRETARY.—The term ‘‘Under ACT of 2001 (42 U.S.C. 3714(c)) is amended by boarding process. Secretary’’ means the Under Secretary of striking paragraph (3). (2) AUTHORIZATION OF APPROPRIATIONS.— Homeland Security for Information Analysis SEC. 802. THE INCIDENT COMMAND SYSTEM. There are authorized to be appropriated to and Infrastructure Protection. (a) FINDINGS.—Consistent with the report the Secretary such sums as are necessary to (b) IN GENERAL.—The Secretary shall allo- of the National Commission on Terrorist At- cate homeland security assistance to com- carry out this subsection for each of fiscal tacks Upon the United States, Congress munities based on— years 2005 through 2009. makes the following findings: (1) the level of threat faced by a commu- (c) IMPROVEMENT OF SCREENER JOB PER- (1) The attacks on September 11, 2001, dem- nity, as determined by the Secretary FORMANCE.— onstrated that even the most robust emer- through the Under Secretary, in consulta- (1) REQUIRED ACTION.—The Secretary of gency response capabilities can be over- tion with the National Intelligence Director; Homeland Security shall take such action as whelmed if an attack is large enough. (2) the critical infrastructure in the com- may be necessary to improve the job per- (2) Teamwork, collaboration, and coopera- munity, and the risks to and vulnerability of formance of airport screening personnel. tion at an incident site are critical to a suc- that infrastructure, as identified and as- (2) HUMAN FACTORS STUDY.—In carrying out cessful response to a terrorist attack. sessed by the Secretary through the Under this subsection, the Secretary shall, not (3) Key decision makers who are rep- Secretary; later than 180 days after the date of the en- resented at the incident command level help (3) the community’s population and popu- actment of this Act, conduct a human fac- to ensure an effective response, the efficient lation density; tors study in order better to understand use of resources, and responder safety. (4) such other indicia of a community’s problems in screener performance and to set (4) Regular joint training at all levels is es- risk and vulnerability as the Secretary de- attainable objectives for individual screeners sential to ensuring close coordination during termines is appropriate; and screening checkpoints. an actual incident. (5) the benchmarks developed under sub- (d) CHECKED BAGGAGE AND CARGO.— (5) Beginning with fiscal year 2005, the De- section (d)(4)(A); and (1) IN-LINE BAGGAGE SCREENING.—The Sec- partment of Homeland Security is requiring (6) the goal of achieving and enhancing es- retary of Homeland Security shall take such that entities adopt the Incident Command sential emergency preparedness and response action as may be necessary to expedite the System and other concepts of the National capabilities throughout the Nation. installation and use of advanced in-line bag- Incident Management System in order to (c) REALLOCATION OF ASSISTANCE.—A State gage-screening equipment at commercial air- qualify for funds distributed by the Office of ports. receiving homeland security assistance may reallocate such assistance, in whole or in State and Local Government Coordination (2) CARGO SECURITY.—The Secretary shall part, among local governments or other enti- and Preparedness. take such action as may be necessary to en- (b) SENSE OF CONGRESS.—It is the sense of sure that the Transportation Security Ad- ties, only if such reallocation is made on the basis of an assessment of threats, risks, and Congress that— ministration increases and improves its ef- vulnerabilities of the local governments or (1) emergency response agencies nation- forts to screen potentially dangerous cargo. other entities that is consistent with the cri- wide should adopt the Incident Command (3) HARDENED CONTAINERS.—The Secretary, teria set forth in subsection (b). System; in consultation with the Secretary of Trans- (d) ADVISORY PANEL.— (2) when multiple agencies or multiple ju- portation, shall require air carriers to deploy (1) ESTABLISHMENT.—Not later than 60 days risdictions are involved, they should follow a at least 1 hardened container for containing after the date of enactment of this Act, the unified command system; and baggage or cargo items in each passenger Secretary shall establish an advisory panel (3) the Secretary of Homeland Security aircraft that also carries cargo. to assist the Secretary in determining how should require, as a further condition of re- OST-SHARING.—Not later than 45 days (e) C to allocate homeland security assistance ceiving homeland security preparedness after the date of the enactment of this Act, funds most effectively among communities, funds from the Office of State and Local the Secretary of Homeland Security, in con- consistent with the criteria set out in sub- Government Coordination and Preparedness, sultation with representatives of air car- section (b). that grant applicants document measures riers, airport operators, and other interested (2) SELECTION OF MEMBERS.—The Secretary taken to fully and aggressively implement parties, shall submit to the Senate and the shall appoint no fewer than 10 individuals to the Incident Command System and unified House of Representatives— serve on the advisory panel. The individuals command procedures. (1) a proposed formula for cost-sharing, for shall— SEC. 803. NATIONAL CAPITAL REGION MUTUAL the advanced in-line baggage screening (A) be chosen on the basis of their knowl- AID. equipment required by this title, between edge, achievements, and experience; (a) DEFINITIONS.—In this section: and among the Federal Government, State (B) be from diverse geographic and profes- (1) AUTHORIZED REPRESENTATIVE OF THE and local governments, and the private sec- sional backgrounds; and FEDERAL GOVERNMENT.—The term ‘‘author- tor that reflects proportionate national secu- (C) have demonstrated expertise in home- ized representative of the Federal Govern- rity benefits and private sector benefits for land security or emergency preparedness and ment’’ means any individual or individuals such enhancement; and response. designated by the President with respect to (2) recommendations, including rec- (3) TERM.—Each member of the advisory the executive branch, the Chief Justice with ommended legislation, for an equitable, fea- panel appointed by the Secretary shall serve respect to the Federal judiciary, or the sible, and expeditious system for defraying a term the length of which is to be deter- President of the Senate and Speaker of the the costs of the advanced in-line baggage mined by the Secretary, but which shall not House of Representatives with respect to screening equipment required by this title, exceed 5 years. Congress, or their designees, to request as- which may be based on the formula proposed (4) RESPONSIBILITIES.—The advisory panel sistance under a Mutual Aid Agreement for under paragraph (1). shall— an emergency or public service event. TITLE VIII—NATIONAL PREPAREDNESS (A) develop benchmarks by which the (2) CHIEF OPERATING OFFICER.—The term SEC. 801. HOMELAND SECURITY ASSISTANCE. needs and capabilities of diverse commu- ‘‘chief operating officer’’ means the official (a) DEFINITIONS.—In this section: nities throughout the Nation with respect to designated by law to declare an emergency (1) COMMUNITY.—The term ‘‘community’’ potential terrorist attacks may be assessed, in and for the locality of that chief operating means a State, local government, or region. and review and revise those benchmarks as officer. (2) HOMELAND SECURITY ASSISTANCE.—The appropriate; and (3) EMERGENCY.—The term ‘‘emergency’’ term ‘‘homeland security assistance’’ means (B) advise the Secretary on means of estab- means a major disaster or emergency de- grants or other financial assistance provided lishing appropriate priorities for the alloca- clared by the President, or a state of emer- by the Department of Homeland Security tion of funding among applicants for home- gency declared by the Mayor of the District under the State Homeland Security Grants land security assistance. of Columbia, the Governor of the State of Program, the Urban Areas Security Initia- (5) REPORTS.—Not later than 1 year after Maryland or the Commonwealth of Virginia, tive, or the Law Enforcement Terrorism Pre- the date of enactment of this Act, and annu- or the declaration of a local emergency by vention Program. ally thereafter, the advisory panel shall pro- the chief operating officer of a locality, or (3) LOCAL GOVERNMENT.—The term ‘‘local vide the Secretary and Congress with a re- their designees, that triggers mutual aid government’’ has the meaning given that port on the benchmarks it has developed under the terms of a Mutual Aid Agreement. term in section 2(10) of the Homeland Secu- under paragraph (4)(A), including any revi- (4) EMPLOYEE.—The term ‘‘employee’’ rity Act of 2002 (6 U.S.C. 101(10)). sions or modifications to such benchmarks. means the employees of the party, including

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8912 CONGRESSIONAL RECORD — SENATE September 7, 2004 its agents or authorized volunteers, who are (C) training for any of the activities de- Federal law on account of any act or omis- committed in a Mutual Aid Agreement to scribed under subparagraphs (A) and (B). sion performed in good faith while so en- prepare for or who respond to an emergency (2) FACILITATING LOCALITIES.—The State of gaged, or on account of the maintenance or or public service event. Maryland and the Commonwealth of Virginia use of any related equipment, facilities, or (5) LOCALITY.—The term ‘‘locality’’ means are encouraged to facilitate the ability of lo- supplies performed in good faith. a county, city, or town within the State of calities to enter into interstate Mutual Aid (4) IMMUNITIES.—This section shall not ab- Maryland or the Commonwealth of Virginia Agreements in the National Capital Region rogate any other immunities from liability and within the National Capital Region. under this section. that any party has under any other Federal (6) MUTUAL AID AGREEMENT.—The term (3) APPLICATION AND EFFECT.—This sec- or State law. ‘‘Mutual Aid Agreement’’ means an agree- tion— (d) WORKERS COMPENSATION.— ment, authorized under subsection (b) for the (A) does not apply to law enforcement se- (1) COMPENSATION.—Each party shall pro- provision of police, fire, rescue and other curity operations at special events of na- vide for the payment of compensation and public safety and health or medical services tional significance under section 3056(e) of death benefits to injured members of the to any party to the agreement during a pub- title 18, United States Code, or other law en- emergency forces of that party and rep- lic service event, an emergency, or pre- forcement functions of the United States Se- resentatives of deceased members of such planned training event. cret Service; forces if such members sustain injuries or (7) NATIONAL CAPITAL REGION OR REGION.— (B) does not diminish any authorities, ex- are killed while rendering aid to the District The term ‘‘National Capital Region’’ or ‘‘Re- press or implied, of Federal agencies to enter of Columbia, the Federal Government, the gion’’ means the area defined under section into Mutual Aid Agreements in furtherance State of Maryland, the Commonwealth of 2674(f)(2) of title 10, United States Code, and of their Federal missions; and Virginia, or a locality, under a Mutual Aid those counties with a border abutting that (C) does not— Agreement, or engaged in training activities area and any municipalities therein. (i) preclude any party from entering into under a Mutual Aid Agreement, in the same (8) PARTY.—The term ‘‘party’’ means the supplementary Mutual Aid Agreements with manner and on the same terms as if the in- State of Maryland, the Commonwealth of fewer than all the parties, or with another jury or death were sustained within their Virginia, the District of Columbia, and any party; or own jurisdiction. of the localities duly executing a Mutual Aid (ii) affect any other agreement in effect be- (2) OTHER STATE LAW.—No party shall be Agreement under this section. fore the date of enactment of this Act among liable under the law of any State other than (9) PUBLIC SERVICE EVENT.—The term ‘‘pub- the States and localities, including the its own for providing for the payment of lic service event’’— Emergency Management Assistance Com- compensation and death benefits to injured (A) means any undeclared emergency, inci- pact. members of the emergency forces of that dent or situation in preparation for or re- (4) RIGHTS DESCRIBED.—Other than as de- party and representatives of deceased mem- sponse to which the Mayor of the District of scribed in this section, the rights and respon- bers of such forces if such members sustain Columbia, an authorized representative of sibilities of the parties to a Mutual Aid injuries or are killed while rendering aid to the Federal Government, the Governor of the Agreement entered into under this section the District of Columbia, the Federal Gov- State of Maryland, the Governor of the Com- shall be as described in the Mutual Aid ernment, the State of Maryland, the Com- Agreement. monwealth of Virginia, or the chief oper- monwealth of Virginia, or a locality, under a (c) DISTRICT OF COLUMBIA.— ating officer of a locality in the National Mutual Aid Agreement or engaged in train- (1) IN GENERAL.—The District of Columbia ing activities under a Mutual Aid Agree- Capital Region, or their designees, requests may purchase liability and indemnification ment. or provides assistance under a Mutual Aid insurance or become self insured against (e) LICENSES AND PERMITS.—If any person Agreement within the National Capital Re- claims arising under a Mutual Aid Agree- holds a license, certificate, or other permit gion; and ment authorized under this section. (B) includes Presidential inaugurations, issued by any responding party evidencing (2) AUTHORIZATION OF APPROPRIATIONS.— public gatherings, demonstrations and pro- There are authorized to be appropriated such the meeting of qualifications for profes- tests, and law enforcement, fire, rescue, sums as may be necessary to carry out para- sional, mechanical, or other skills and as- emergency health and medical services, graph (1). sistance is requested by a receiving jurisdic- transportation, communications, public (d) LIABILITY AND ACTIONS AT LAW.— tion, such person will be deemed licensed, works and engineering, mass care, and other (1) IN GENERAL.—Any responding party or certified, or permitted by the receiving juris- support that require human resources, equip- its officers or employees rendering aid or diction to render aid involving such skill to ment, facilities or services supplemental to failing to render aid to the District of Co- meet a public service event, emergency or or greater than the requesting jurisdiction lumbia, the Federal Government, the State training for any such events. can provide. of Maryland, the Commonwealth of Virginia, SEC. 804. ASSIGNMENT OF SPECTRUM FOR PUB- (10) STATE.—The term ‘‘State’’ means the or a locality, under a Mutual Aid Agreement LIC SAFETY. State of Maryland, the Commonwealth of authorized under this section, and any party Section 309(j)(14) of the Communications Virginia, and the District of Columbia. or its officers or employees engaged in train- Act of 1934 (47 U.S.C. 309(j)(14)) is amended by (11) TRAINING.—The term ‘‘training’’ means ing activities with another party under such adding at the end the following: emergency and public service event-related a Mutual Aid Agreement, shall be liable on ‘‘(E) EXTENSIONS NOT PERMITTED FOR CHAN- exercises, testing, or other activities using account of any act or omission of its officers NELS (63, 64, 68 AND 69) REASSIGNED FOR PUB- equipment and personnel to simulate per- or employees while so engaged or on account LIC SAFETY SERVICES.—Notwithstanding sub- formance of any aspect of the giving or re- of the maintenance or use of any related paragraph (B), the Commission shall not ceiving of aid by National Capital Region ju- equipment, facilities, or supplies, but only to grant any extension under such subpara- risdictions during emergencies or public the extent permitted under the laws and pro- graph from the limitation of subparagraph service events, such actions occurring out- cedures of the State of the party rendering (A) with respect to the frequencies assigned, side actual emergency or public service aid. under section 337(a)(1), for public safety serv- event periods. (2) ACTIONS.—Any action brought against a ices. The Commission shall take all actions (b) MUTUAL AID AUTHORIZED.— party or its officers or employees on account necessary to complete assignment of the (1) IN GENERAL.—The Mayor of the District of an act or omission in the rendering of aid electromagnetic spectrum between 764 and of Columbia, any authorized representative to the District of Columbia, the Federal Gov- 776 megahertz, inclusive, and between 794 of the Federal Government, the Governor of ernment, the State of Maryland, the Com- and 806 megahertz, inclusive, for public safe- the State of Maryland, the Governor of the monwealth of Virginia, or a locality, or fail- ty services and to permit operations by pub- Commonwealth of Virginia, or the chief op- ure to render such aid or on account of the lic safety services on those frequencies com- erating officer of a locality, or their des- maintenance or use of any related equip- mencing not later than January 1, 2007.’’. ignees, acting within his or her jurisdic- ment, facilities, or supplies may be brought SEC. 805. URBAN AREA COMMUNICATIONS CAPA- tional purview, may, subject to State law, only under the laws and procedures of the BILITIES. enter into, request or provide assistance State of the party rendering aid and only in (a) IN GENERAL.—Title V of the Homeland under Mutual Aid Agreements with local- the Federal or State courts located therein. Security Act of 2002 (6 U.S.C. 311 et seq.) is ities, the Washington Metropolitan Area Actions against the United States under this amended by adding at the end the following: Transit Authority, the Metropolitan Wash- section may be brought only in Federal ‘‘SEC. 510. HIGH RISK URBAN AREA COMMUNICA- ington Airports Authority, and any other courts. TIONS CAPABILITIES. governmental agency or authority for— (3) GOOD FAITH EXCEPTION.— ‘‘The Secretary, in consultation with the (A) law enforcement, fire, rescue, emer- (A) DEFINITION.—In this paragraph, the Federal Communications Commission and gency health and medical services, transpor- term ‘‘good faith’’ shall not include willful the Secretary of Defense, and with appro- tation, communications, public works and misconduct, gross negligence, or reckless- priate governors, mayors, and other State engineering, mass care, and resource support ness. and local government officials, shall encour- in an emergency or public service event; (B) EXCEPTION.—No State or locality, or its age and support the establishment of con- (B) preparing for, mitigating, managing, officers or employees, rendering aid to an- sistent and effective communications capa- responding to or recovering from any emer- other party, or engaging in training, under a bilities in the event of an emergency in gency or public service event; and Mutual Aid Agreement shall be liable under urban areas determined by the Secretary to

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Such communications capa- voluntary national preparedness standard, United States. bilities shall ensure the ability of all levels the adoption of which is promoted by the (3) The United States Northern Command of government agencies, including military Secretary of Homeland Security under sec- has been established to assume responsi- authorities, and of first responders, hos- tion 511 of the Homeland Security Act of bility for defense within the United States. pitals, and other organizations with emer- 2002, as added by subsection (b), in assessing (b) SENSE OF CONGRESS.—It is the sense of gency response capabilities to communicate insurability and credit worthiness. Congress that— with each other in the event of an emer- SEC. 807. CRITICAL INFRASTRUCTURE AND (1) the Secretary of Defense should regu- gency. Additionally, the Secretary, in con- READINESS ASSESSMENTS. larly assess the adequacy of United States junction with the Secretary of Defense, shall (a) FINDINGS.—Congress finds the fol- Northern Command’s plans and strategies develop plans to provide back-up and addi- lowing: with a view to ensuring that the United tional communications support in the event (1) Under section 201 of the Homeland Se- States Northern Command is prepared to re- of an emergency.’’. curity Act of 2002 (6 U.S.C 121), the Depart- spond effectively to all military and para- (b) TECHNICAL AND CONFORMING AMEND- ment of Homeland Security, through the military threats within the United States; MENT.—Section 1(b) of that Act is amended Under Secretary for Information Analysis and by inserting after the item relating to sec- and Infrastructure Protection, has the re- (2) the Committee on Armed Services of tion 509 the following: sponsibility— the Senate and the Committee on Armed ‘‘Sec. 510. High risk urban area communica- (A) to carry out comprehensive assess- Services of the House of Representatives tions capabilities.’’. ments of the vulnerabilities of the key re- should periodically review and assess the SEC. 806. PRIVATE SECTOR PREPAREDNESS. sources and critical infrastructure of the adequacy of such plans and strategies. (a) FINDINGS.—Consistent with the report United States, including the performance of (c) REPORT.—Not later than 180 days after of the National Commission on Terrorist At- risk assessments to determine the risks the date of the enactment of this Act, and tacks Upon the United States, Congress posed by particular types of terrorist attacks every 180 days thereafter, the Secretary of makes the following findings: within the United States; Defense shall submit to the Committee on Armed Services of the Senate and the Com- (1) Private sector organizations own 85 per- (B) to identify priorities for protective and mittee on Armed Services of the House of cent of the Nation’s critical infrastructure supportive measures; and Representatives a report describing the and employ the vast majority of the Nation’s (C) to develop a comprehensive national United States Northern Command’s plans workers. plan for securing the key resources and crit- and strategies to defend the United States (2) Unless a terrorist attack targets a mili- ical infrastructure of the United States. (2) Under Homeland Security Presidential against military and paramilitary threats tary or other secure government facility, the within the United States. first people called upon to respond will like- Directive 7, issued on December 17, 2003, the ly be civilians. Secretary of Homeland Security was given 1 TITLE IX—PROTECTION OF CIVIL (3) Despite the exemplary efforts of some year to develop a comprehensive plan to LIBERTIES private entities, the private sector remains identify, prioritize, and coordinate the pro- SEC. 901. PRIVACY AND CIVIL LIBERTIES OVER- largely unprepared for a terrorist attack, tection of critical infrastructure and key re- SIGHT BOARD. due in part to the lack of a widely accepted sources. (a) IN GENERAL.—There is established with- standard for private sector preparedness. (3) Consistent with the report of the Na- in the Executive Office of the President a Privacy and Civil Liberties Oversight Board (4) Preparedness in the private sector and tional Commission on Terrorist Attacks (referred to in this title as the ‘‘Board’’). public sector for rescue, restart and recovery Upon the United States, the Secretary of (b) FINDINGS.—Consistent with the report of operations should include— Homeland Security should— (A) identify those elements of the United of the National Commission on Terrorist At- (A) a plan for evacuation; tacks Upon the United States, Congress (B) adequate communications capabilities; States’ transportation, energy, communications, financial, and other institutions that makes the following findings: and (1) In conducting the war on terrorism, the (C) a plan for continuity of operations. need to be protected; (B) develop plans to protect that infra- Government may need additional powers and (5) The American National Standards Insti- may need to enhance the use of its existing tute recommends a voluntary national pre- structure; and (C) exercise mechanisms to enhance pre- powers. paredness standard for the private sector (2) This shift of power and authority to the based on the existing American National paredness. (b) REPORTS ON RISK ASSESSMENT AND Government calls for an enhanced system of Standard on Disaster/Emergency Manage- READINESS.—Not later than 180 days after checks and balances to protect the precious ment and Business Continuity Programs the date of enactment of this Act and annu- liberties that are vital to our way of life and (NFPA 1600), with appropriate modifications. ally thereafter, the Secretary of Homeland to ensure that the Government uses its pow- This standard would establish a common set Security shall submit a report to Congress ers for the purposes for which the powers of criteria and terminology for preparedness, on— were given. disaster management, emergency manage- (1) the Department of Homeland Security’s (c) PURPOSE.—The Board shall— ment, and business continuity programs. progress in completing vulnerability and (1) analyze and review actions the Execu- (6) The mandate of the Department of risk assessments of the Nation’s critical in- tive Branch takes to protect the Nation from Homeland Security extends to working with frastructure; terrorism; and the private sector, as well as government en- (2) the adequacy of the Government’s plans (2) ensure that liberty concerns are appro- tities. to protect such infrastructure; and priately considered in the development and (b) PRIVATE SECTOR PREPAREDNESS PRO- (3) the readiness of the Government to re- implementation of laws, regulations, and GRAM.— spond to threats against the United States. policies related to efforts to protect the Na- (1) IN GENERAL.—Title V of the Homeland tion against terrorism. Security Act of 2002 (6 U.S.C. 311 et seq.), as SEC. 808. REPORT ON NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES (d) FUNCTIONS.— amended by section 805, is amended by add- HOMELAND. (1) ADVICE AND COUNSEL ON POLICY DEVELOP- ing at the end the following: (a) FINDINGS.—Consistent with the report MENT AND IMPLEMENTATION.—The Board ‘‘SEC. 511. PRIVATE SECTOR PREPAREDNESS of the National Commission on Terrorist At- shall— PROGRAM. tacks Upon the United States, Congress (A) review proposed legislation, regula- ‘‘The Secretary shall establish a program makes the following findings: tions, and policies related to efforts to pro- to promote private sector preparedness for (1) The primary responsibility for national tect the Nation from terrorism, including terrorism and other emergencies, including defense is with the Department of Defense the development and adoption of informa- promoting the adoption of a voluntary na- and the secondary responsibility for national tion sharing guidelines under section 201(e); tional preparedness standard such as the pri- defense is with the Department of Homeland (B) review the implementation of new and vate sector preparedness standard developed Security, and the 2 departments must have existing legislation, regulations, and policies by the American National Standards Insti- clear delineations of responsibility. related to efforts to protect the Nation from tute and based on the National Fire Protec- (2) Before September 11, 2001, the North terrorism, including the implementation of tion Association 1600 Standard on Disaster/ American Aerospace Defense Command information sharing guidelines under section Emergency Management and Business Con- (hereafter in this section referred to as 201(e); tinuity Programs.’’. ‘‘NORAD’’), which had responsibility for de- (C) advise the President and Federal execu- (2) TECHNICAL AND CONFORMING AMEND- fending United States airspace on September tive departments and agencies to ensure that MENT.—Section 1(b) of that Act, as amended 11, 2001— privacy and civil liberties are appropriately by section 805, is amended by inserting after (A) focused on threats coming from outside considered in the development and imple- the item relating to section 510 the fol- the borders of the United States; and mentation of such legislation, regulations, lowing: (B) had not increased its focus on ter- policies, and guidelines; and ‘‘Sec. 511. Private sector preparedness pro- rorism within the United States, even (D) in providing advice on proposals to re- gram.’’. though the intelligence community had tain or enhance a particular governmental (c) SENSE OF CONGRESS.—It is the sense of gathered intelligence on the possibility that power, consider whether the executive de- Congress that insurance and credit-rating in- terrorists might turn to hijacking and even partment or agency has explained—

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(i) that the power actually materially en- requiring such person to produce the evi- (l) TREATMENT AS AGENCY, NOT AS ADVI- hances security; and dence required by such subpoena. SORY COMMITTEE.—The Board— (ii) that there is adequate supervision of (h) MEMBERSHIP.— (1) is an agency (as defined in section 551(1) the executive’s use of the power to ensure (1) MEMBERS.—The Board shall be com- of title 5, United States Code); and protection of civil liberties. posed of a chairman and 4 additional mem- (2) is not an advisory committee (as de- (2) OVERSIGHT.—The Board shall contin- bers, who shall be appointed by the Presi- fined in section 3(2) of the Federal Advisory ually review— dent, by and with the advice and consent of Committee Act (5 U.S.C. App.)). (A) the regulations, policies, and proce- the Senate. (m) AUTHORIZATION OF APPROPRIATIONS.— dures and the implementation of the regula- (2) QUALIFICATIONS.—Members of the Board There are authorized to be appropriated such tions, policies, procedures, and related laws shall be selected solely on the basis of their sums as may be necessary to carry out this of Federal executive departments and agen- professional qualifications, achievements, section. cies to ensure that privacy and civil liberties public stature, and relevant experience, and SEC. 902. PRIVACY AND CIVIL LIBERTIES OFFI- are protected; without regard to political affiliation. CERS. (B) the information sharing practices of (3) INCOMPATIBLE OFFICE.—An individual (a) DESIGNATION AND FUNCTIONS.—The At- Federal executive departments and agencies appointed to the Board may not, while serv- torney General, Secretary of Defense, Sec- to determine whether they appropriately ing on the Board, be an elected official, an retary of Homeland Security, Secretary of protect privacy and civil liberties and adhere officer, or an employee of the Federal Gov- State, Secretary of the Treasury, Secretary to the information sharing guidelines pro- ernment, other than in the capacity as a of Health and Human Services, National In- mulgated under section 201(e) and to other member of the Board. telligence Director, Director of the Central governing laws, regulations, and policies re- (i) COMPENSATION AND TRAVEL EXPENSES.— Intelligence Agency, and the head of any garding privacy and civil liberties; and (1) COMPENSATION.— other executive department or agency des- (C) other actions by the Executive Branch (A) CHAIRMAN.—The chairman shall be ignated by the Privacy and Civil Liberties related to efforts to protect the Nation from compensated at a rate equal to the daily Oversight Board to be appropriate for cov- terrorism to determine whether such ac- equivalent of the annual rate of basic pay in erage under this section shall designate not tions— effect for a position at level III of the Execu- less than 1 senior officer to— (i) appropriately protect privacy and civil tive Schedule under section 5314 of title 5, (1) assist the department or agency head liberties; and United States Code, for each day during and other department or agency officials in (ii) are consistent with governing laws, which the chairman is engaged in the actual appropriately considering privacy and civil regulations, and policies regarding privacy performance of the duties of the Board. liberties concerns when such officials are and civil liberties. (B) MEMBERS.—Each member of the Board proposing, developing, or implementing laws, (3) RELATIONSHIP WITH PRIVACY AND CIVIL shall be compensated at a rate equal to the regulations, policies, procedures, or guide- LIBERTIES OFFICERS.—The Board shall review daily equivalent of the annual rate of basic lines related to efforts to protect the Nation and assess the activities of privacy and civil pay in effect for a position at level IV of the against terrorism; liberties officers described in section 902 and, Executive Schedule under section 5315 of (2) periodically investigate and review de- where appropriate, shall coordinate their ac- title 5, United States Code, for each day dur- partment or agency actions, policies, proce- tivities. ing which that member is engaged in the ac- dures, guidelines, and related laws and their (e) REPORTS.— tual performance of the duties of the Board. implementation to ensure that the depart- (1) IN GENERAL.—The Board shall— (2) TRAVEL EXPENSES.—Members of the ment or agency is adequately considering (A) receive and review reports from privacy Board shall be allowed travel expenses, in- privacy and civil liberties in its actions; and civil liberties officers described in sec- cluding per diem in lieu of subsistence, at (3) ensure that the department or agency tion 902; and rates authorized for persons employed inter- has adequate procedures to receive, inves- (B) periodically submit, not less than semi- mittently by the Government under section tigate, and respond to complaints from indi- annually, reports to Congress and the Presi- 5703(b) of title 5, United States Code, while viduals who allege the department or agency dent. away from their homes or regular places of has violated their privacy or civil liberties; (2) CONTENTS.—Not less than 2 reports sub- business in the performance of services for and mitted each year under paragraph (1)(B) the Board. (4) in providing advice on proposals to re- shall include— (j) STAFF.— tain or enhance a particular governmental (A) a description of the major activities of (1) APPOINTMENT AND COMPENSATION.—The power the officer shall consider whether the the Board during the relevant period; and Chairman, in accordance with rules agreed department or agency has explained— (B) information on the findings, conclu- upon by the Board, shall appoint and fix the (i) that the power actually materially en- sions, and recommendations of the Board re- compensation of an executive director and hances security; and sulting from its advice and oversight func- such other personnel as may be necessary to (ii) that there is adequate supervision of tions under subsection (d). enable the Board to carry out its functions, the department’s or agency’s use of the (f) INFORMING THE PUBLIC.—The Board shall without regard to the provisions of title 5, power to ensure protection of civil liberties. hold public hearings, release public reports, United States Code, governing appointments (b) EXCEPTION TO DESIGNATION AUTHOR- and otherwise inform the public of its activi- in the competitive service, and without re- ITY.— ties, as appropriate and in a manner con- gard to the provisions of chapter 51 and sub- (1) PRIVACY OFFICERS.—In any department sistent with the protection of classified in- chapter III of chapter 53 of such title relat- or agency referenced in subsection (a) or des- formation and applicable law. ing to classification and General Schedule ignated by the Board, which has a statu- (g) ACCESS TO INFORMATION.— pay rates, except that no rate of pay fixed torily created privacy officer, such officer (1) AUTHORIZATION.—If determined by the under this subsection may exceed the equiva- shall perform the functions specified in sub- Board to be necessary to carry out its relent of that payable for a position at level V section (a) with respect to privacy. sponsibilities under this section, the Board of the Executive Schedule under section 5316 (2) CIVIL LIBERTIES OFFICERS.—In any de- may— of title 5, United States Code. partment or agency referenced in subsection (A) secure directly from any Federal exec- (2) DETAILEES.—Any Federal employee may (a) or designated by the Board, which has a utive department or agency, or any Federal be detailed to the Board without reimburse- statutorily created civil liberties officer, officer or employee, all relevant records, re- ment from the Board, and such detailee shall such officer shall perform the functions spec- ports, audits, reviews, documents, papers, or retain the rights, status, and privileges of ified in subsection (a) with respect to civil recommendations, including classified infor- the detailee’s regular employment without liberties. mation consistent with applicable law; interruption. (c) SUPERVISION AND COORDINATION.—Each (B) interview, take statements from, or (3) CONSULTANT SERVICES.—The Board may privacy or civil liberties officer described in take public testimony from personnel of any procure the temporary or intermittent serv- subsection (a) or (b) shall— Federal executive department or agency or ices of experts and consultants in accordance (1) report directly to the department or any Federal officer or employee; with section 3109 of title 5, United States agency head; and (C) request information or assistance from Code, at rates that do not exceed the daily (2) coordinate their activities with the In- any State, tribal, or local government; and rate paid a person occupying a position at spector General of the agency to avoid dupli- (D) require, by subpoena, persons other level IV of the Executive Schedule under sec- cation of effort. than Federal executive departments and tion 5315 of such title. (d) AGENCY COOPERATION.—Each depart- agencies to produce any relevant informa- (k) SECURITY CLEARANCES.—The appro- ment or agency head shall ensure that each tion, documents, reports, answers, records, priate Federal executive departments and privacy and civil liberties officer— accounts, papers, and other documentary or agencies shall cooperate with the Board to (1) has the information and material nec- testimonial evidence. expeditiously provide the Board members essary to fulfill the officer’s functions; (2) ENFORCEMENT OF SUBPOENA.—In the case and staff with appropriate security clear- (2) is advised of proposed policy changes; of contumacy or failure to obey a subpoena ances to the extent possible under existing (3) is consulted by decision makers; and issued under paragraph (1)(D), the United procedures and requirements, except that no (4) is given access to material and per- States district court for the judicial district person shall be provided with access to clas- sonnel the officer determines to be necessary in which the subpoenaed person resides, is sified information under this section without to carry out the officer’s functions. served, or may be found may issue an order the appropriate security clearances. (e) PERIODIC REPORTS.—

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8915 (1) IN GENERAL.—The privacy and civil lib- World War II and the Korean conflict SECTION 1. PROGRAM OF OUTREACH TO VET- erties officers of each department or agency comprise 31.6 percent of the total vet- ERANS OF WORLD WAR II AND KO- referenced or designated under subsection (a) REAN CONFLICT ON VETERANS BEN- eran population, only 23.2 percent of EFITS. shall periodically, but not less than quar- the total number of veterans actually terly, submit a report on the officers’ activi- (a) FINDINGS.—Congress makes the fol- ties to Congress, the department or agency receiving VA disability compensation lowing findings: head, and the Privacy and Civil Liberties are veterans of WWII and the Korean (1) Veterans of World War II and the Ko- Oversight Board. conflict. Further, it is a fact that Ko- rean conflict represent 31.6 percent of the current population of veterans. However, (2) CONTENTS.—Each report submitted rean conflict and World War II veterans under paragraph (1) shall include informa- veterans of World War II and the Korean con- who are receiving compensation are flict represent only 23.2 percent of the total tion on the discharge of each of the officer’s compensated for fewer disabilities, on functions, including— number of veterans currently receiving dis- average, than are later generations of ability compensation from the Department (A) information on the number and types veterans. of reviews undertaken; of Veterans Affairs. (B) the type of advice provided and the re- I suspect that one reason for these (2) Veterans of World War II and the Ko- sponse given to such advice; discrepancies might be found in the rean conflict who receive disability compensation have, on average, 1.94 and 2.12 dis- (C) the number and nature of the com- fact that VA and the Department of plaints received by the agency for alleged abilities per veteran, respectively, whereas Defense (DoD) now do a far better job veterans of the Vietnam era and the Persian violations; and than in prior years of educating service (D) a summary of the disposition of such Gulf War who receive disability compensa- complaints, the reviews and inquiries con- members of the benefits to which they tion have, on average, 2.88 and 3.48 disabil- ducted, and the impact of the officer’s activi- are entitled. This year, VA compiled a ities per veteran, respectively. ties. report on its outreach activities—a re- (3) Advances in medical science and tech- port that was requested by Senator nology have improved the understanding of By Mr. SPECTER. Russ Feingold and me—which outlines the origins of diseases and disabilities which are associated with military service, includ- S. 2776. A bill to require the Sec- at great length programs—all laudable retary of Veterans Affairs to carry out ing diseases and disabilities that manifest programs—of outreach specifically tar- long after the completion of military serv- a program of outreach to veterans of geting service members and veterans ice. World War II and the Korean conflict recently discharged from service. For (4) Unlike veterans of later periods, vet- on the nature and availability of bene- example, VA has a presence at 136 mili- erans of World War II and the Korean con- fits for veterans, and for other pur- tary installations which enables serv- flict did not have the benefit of extensive poses; to the Committee on Veterans’ ice members to receive complete med- transition assistance and outreach services Affairs. ical examinations and disability rat- now routinely provided by the Department Mr. SPECTER. Mr. President, I have and other government agencies. ings prior to discharge from service. (5) Veterans of World War II and the Ko- sought recognition to comment on leg- VA and DoD also cooperate in pro- islation I am introducing today which rean conflict are dying at the aggregate rate viding intensive transition workshops of 1,400 per day. would direct the Department of Vet- for departing service members. I com- (6) It is in the interest of the Nation that erans Affairs (VA) to provide a new, mend both VA and DoD for their out- the Secretary make every effort to inform targeted program of outreach to vet- reach activities, particularly for such veterans of World War II and the Korean con- erans of World War II and the Korean activities that target service members flict of the benefits to which they may be en- conflict. The purpose of the program titled. returning from Iraq and Afghanistan. would be to inform these veterans, (b) OUTREACH.—(1) The Secretary of Vet- Clearly, VA and DoD have made great most of whom are now over the age of erans Affairs shall carry out a program to strides in informing service members 70, of the veterans benefits to which provide outreach to veterans of World War II and veterans of their benefits at the they may be entitled, and to encourage and of the Korean conflict on the nature and point in their lives when such informa- availability of benefits for veterans. them to apply for those benefits. The tion is most useful, namely, at dis- (2) The purpose of the program is to make center piece of the new outreach pro- charge from service. However, the in- veterans of World War II and of the Korean gram would be a $35 million nationwide tensity and breadth of outreach activi- conflict aware of the veterans benefits to public service announcement campaign which they may be entitled and to encourage through various print, radio, and tele- ties that are now the norm for the cur- such veterans to apply for such benefits. vision media outlets. I believe such a rent generation of newly discharged (3)(A) The program shall include a nation- campaign would be the most effective, veterans simply were not undertaken wide public service campaign consisting of and efficient, way to ‘‘get the word when World War II and Korean conflict such elements, and appearing in and through veterans left service. such media, as the Secretary considers ap- out’’ about VA benefits and services, propriate for the program. but my legislation gives VA flexibility The Nation recently honored the (B) Of the amount authorized to be appro- to devise other means if appropriate. World War II generation with the dedi- priated by subsection (e) for the program, I am concerned that there are a num- cation of the World War II Memorial in $35,000,000 shall be available for the public ber of older veterans who served during Washington, and with celebrations of service campaign described in subparagraph World War II and the Korean conflict, the 60th anniversary of the Normandy (A). and who are entitled to benefits from invasion. Just last year, we marked the (4) As part of the program, the Secretary VA, are simply not aware of that fact. 50th anniversary of the end of the Ko- shall establish performance measures for the A recent article in the Philadelphia In- outreach under the program to permit the rean conflict. While the fan fare sur- on-going evaluation of the extent and suc- quirer told the story of a World War II rounding these events has waned, our cess of the outreach under the program. veteran from Missouri who filed a efforts on behalf of veterans of these (c) REPORT.—Not later than 24 months claim for benefits in 1947 for a cold- wars must not. It is imperative we after the date of the enactment of this Act, weather injury suffered while wading make final attempts to let them, and the Secretary shall submit to Congress a re- through an icy French harbor. The their families, known of the benefits to port on the program under this section. The claim was denied, but because of inten- which they are entitled. The legisla- report shall include the following: sive outreach conducted the State of tion provides a first step to that end. I (1) A description of the program, including a detailed description of the outreach con- Missouri over 50 years later, the vet- ask my colleagues for their support, ducted under the program. eran recently was awarded 100 percent and ask unanimous consent that the (2) A statement of the amount expended on disability compensation. The same ar- text of the bill be printed in the the program. ticle cities survey data from VA which RECORD. (3) An assessment of the effectiveness of suggest that over one-half million vet- There being no objection, the bill was the program. erans might be eligible for VA com- (d) DEFINITIONS.—In this section, the terms ordered to be printed in the RECORD, as ‘‘World War II’’ and ‘‘Korean conflict’’ have pensation benefits—if only they would follows: file claims. A similar inference can be the meanings given such terms in section 101 S. 2776 of title 38, United States Code. drawn from data from the Veterans (e) AUTHORIZATION OF APPROPRIATIONS.— Benefits Administration Fiscal year Be it enacted by the Senate and House of Rep- There is authorized to be appropriated to the 2003 Annual Benefits Report which resentatives of the United States of America in Secretary of Veterans Affairs such sums as show that even though veterans of Congress assembled, may be necessary to carry out this section.

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8916 CONGRESSIONAL RECORD — SENATE September 7, 2004 AMENDMENTS SUBMITTED AND (B) the public trust consists of lands, in- rights to gather medicinal plants and herbs, PROPOSED cluding submerged lands, natural resources, and food sources; and the revenues derived from the lands; and (18) the Native Hawaiian people wish to SA 3576. Mr. INOUYE submitted an amend- (C) the assets of this public trust have preserve, develop, and transmit to future ment intended to be proposed by him to the never been completely inventoried or seg- generations of Native Hawaiians their lands bill S. 344, expressing the policy of the regated; and Native Hawaiian political and cultural United States regarding the United States (9) Native Hawaiians have continuously identity in accordance with their traditions, relationship with Native Hawaiians and to sought access to the ceded lands in order to beliefs, customs and practices, language, and provide a process for the recognition by the establish and maintain native settlements social and political institutions, to control United States of the Native Hawaiian gov- and distinct native communities throughout and manage their own lands, including ceded erning entity, and for other purposes; which the State; lands, and to achieve greater self-determina- was ordered to lie on the table. (10) the Hawaiian Home Lands and other tion over their own affairs; f ceded lands provide an important foundation (19) this Act provides a process within the for the ability of the Native Hawaiian com- framework of Federal law for the Native Ha- TEXT OF AMENDMENTS munity to maintain the practice of Native waiian people to exercise their inherent SA 3576. Mr. INOUYE submitted an Hawaiian culture, language, and traditions, rights as a distinct, indigenous, native com- amendment intended to be proposed by and for the survival and economic self-suffi- munity to reorganize a Native Hawaiian gov- him to the bill S. 344, expressing the ciency of the Native Hawaiian people; erning entity for the purpose of giving ex- policy of the United States regarding (11) Native Hawaiians continue to main- pression to their rights as native people to the United States relationship with tain other distinctly native areas in Hawaii; self-determination and self-governance; (12) on November 23, 1993, Public Law 103– (20) Congress— Native Hawaiians and to provide a 150 (107 Stat. 1510) (commonly known as the (A) has declared that the United States has process for the recognition by the ‘‘Apology Resolution’’) was enacted into law, a special responsibility for the welfare of the United States of the Native Hawaiian extending an apology on behalf of the United native peoples of the United States, includ- governing entity, and for other pur- States to the native people of Hawaii for the ing Native Hawaiians; poses; which was ordered to lie on the United States’ role in the overthrow of the (B) has identified Native Hawaiians as a table; as follows: Kingdom of Hawaii; distinct group of indigenous, native people of (13) the Apology Resolution acknowledges the United States within the scope of its au- Strike all after the enacting clause and in- that the overthrow of the Kingdom of Hawaii thority under the Constitution, and has en- sert the following: occurred with the active participation of acted scores of statutes on their behalf; and SECTION 1. SHORT TITLE. agents and citizens of the United States and (C) has delegated broad authority to the This Act may be cited as the ‘‘Native Ha- further acknowledges that the Native Hawai- State of Hawaii to administer some of the waiian Government Reorganization Act of ian people never directly relinquished to the United States’ responsibilities as they relate 2004’’. United States their claims to their inherent to the Native Hawaiian people and their SEC. 2. FINDINGS. sovereignty as a people over their national lands; Congress finds that— lands, either through the Kingdom of Hawaii (21) the United States has recognized and (1) the Constitution vests Congress with or through a plebiscite or referendum; reaffirmed the special political and legal re- the authority to address the conditions of (14) the Apology Resolution expresses the lationship with the Native Hawaiian people the indigenous, native people of the United commitment of Congress and the President— through the enactment of the Act entitled, States; (A) to acknowledge the ramifications of ‘‘An Act to provide for the admission of the (2) Native Hawaiians, the native people of the overthrow of the Kingdom of Hawaii; State of Hawaii into the Union’’, approved the Hawaiian archipelago that is now part of (B) to support reconciliation efforts be- March 18, 1959 (Public Law 86–3; 73 Stat. 4), the United States, are indigenous, native tween the United States and Native Hawai- by— people of the United States; ians; and (A) ceding to the State of Hawaii title to (3) the United States has a special political (C) to consult with Native Hawaiians on the public lands formerly held by the United and legal responsibility to promote the wel- the reconciliation process as called for in the States, and mandating that those lands be fare of the native people of the United Apology Resolution; held as a public trust for 5 purposes, 1 of States, including Native Hawaiians; (15) despite the overthrow of the govern- which is for the betterment of the conditions (4) under the treaty making power of the ment of the Kingdom of Hawaii, Native Ha- of Native Hawaiians; and United States, Congress exercised its con- waiians have continued to maintain their (B) transferring the United States’ respon- stitutional authority to confirm treaties be- separate identity as a distinct native com- sibility for the administration of the Hawai- tween the United States and the Kingdom of munity through cultural, social, and polit- ian Home Lands to the State of Hawaii, but Hawaii, and from 1826 until 1893, the United ical institutions, and to give expression to retaining the authority to enforce the trust, States— their rights as native people to self-deter- including the exclusive right of the United (A) recognized the sovereignty of the King- mination, self-governance, and economic States to consent to any actions affecting dom of Hawaii; self-sufficiency; the lands that comprise the corpus of the (B) accorded full diplomatic recognition to (16) Native Hawaiians have also given ex- trust and any amendments to the Hawaiian the Kingdom of Hawaii; and pression to their rights as native people to Homes Commission Act, 1920 (42 Stat. 108, (C) entered into treaties and conventions self-determination, self-governance, and eco- chapter 42) that are enacted by the legisla- with the Kingdom of Hawaii to govern com- nomic self-sufficiency— ture of the State of Hawaii affecting the merce and navigation in 1826, 1842, 1849, 1875, (A) through the provision of governmental beneficiaries under the Act; and 1887; services to Native Hawaiians, including the (22) the United States has continually rec- (5) pursuant to the Hawaiian Homes Com- provision of— ognized and reaffirmed that— mission Act, 1920 (42 Stat. 108, chapter 42), (i) health care services; (A) Native Hawaiians have a cultural, his- the United States set aside approximately (ii) educational programs; toric, and land-based link to the aboriginal, 203,500 acres of land to address the conditions (iii) employment and training programs; indigenous, native people who exercised sov- of Native Hawaiians in the Federal territory (iv) economic development assistance pro- ereignty over the Hawaiian Islands; that later became the State of Hawaii; grams; (B) Native Hawaiians have never relin- (6) by setting aside 203,500 acres of land for (v) children’s services; quished their claims to sovereignty or their Native Hawaiian homesteads and farms, the (vi) conservation programs; sovereign lands; Hawaiian Homes Commission Act assists the (vii) fish and wildlife protection; (C) the United States extends services to members of the Native Hawaiian community (viii) agricultural programs; Native Hawaiians because of their unique in maintaining distinct native settlements (ix) native language immersion programs; status as the indigenous, native people of a throughout the State of Hawaii; (x) native language immersion schools once-sovereign nation with whom the United (7) approximately 6,800 Native Hawaiian from kindergarten through high school; States has a political and legal relationship; families reside on the Hawaiian Home Lands (xi) college and master’s degree programs and and approximately 18,000 Native Hawaiians in native language immersion instruction; (D) the special trust relationship of Amer- who are eligible to reside on the Hawaiian (xii) traditional justice programs, and ican Indians, Alaska Natives, and Native Ha- Home Lands are on a waiting list to receive (B) by continuing their efforts to enhance waiians to the United States arises out of assignments of Hawaiian Home Lands; Native Hawaiian self-determination and their status as aboriginal, indigenous, native (8)(A) in 1959, as part of the compact with local control; people of the United States; and the United States admitting Hawaii into the (17) Native Hawaiians are actively engaged (23) the State of Hawaii supports the reaf- Union, Congress established a public trust in Native Hawaiian cultural practices, tradi- firmation of the political and legal relation- (commonly known as the ‘‘ceded lands tional agricultural methods, fishing and sub- ship between the Native Hawaiian governing trust’’), for 5 purposes, 1 of which is the bet- sistence practices, maintenance of cultural entity and the United States as evidenced by terment of the conditions of Native Hawai- use areas and sacred sites, protection of bur- 2 unanimous resolutions enacted by the Ha- ians; ial sites, and the exercise of their traditional waii State Legislature in the 2000 and 2001

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8917 sessions of the Legislature and by the testi- waiian people which includes promoting the conditions of Native Hawaiians are largely mony of the Governor of the State of Hawaii welfare of Native Hawaiians; administered by Federal agencies other than before the Committee on Indian Affairs of (3) Congress possesses the authority under the Department of the Interior, there is es- the Senate on February 25, 2003. the Constitution, including but not limited tablished an interagency coordinating group SEC. 3. DEFINITIONS. to Article I, section 8, clause 3, to enact leg- to be known as the ‘‘Native Hawaiian Inter- In this Act: islation to address the conditions of Native agency Coordinating Group’’. (1) ABORIGINAL, INDIGENOUS, NATIVE PEO- Hawaiians and has exercised this authority (b) COMPOSITION.—The Interagency Coordi- PLE.—The term ‘‘aboriginal, indigenous, na- through the enactment of— nating Group shall be composed of officials, tive people’’ means people whom Congress (A) the Hawaiian Homes Commission Act, to be designated by the President, from— has recognized as the original inhabitants of 1920 (42 Stat. 108, chapter 42); (1) each Federal agency that administers the lands that later became part of the (B) the Act entitled ‘‘An Act to provide for Native Hawaiian programs, establishes or United States and who exercised sovereignty the admission of the State of Hawaii into the implements policies that affect Native Ha- in the areas that later became part of the Union’’, approved March 18, 1959 (Public Law waiians, or whose actions may significantly United States. 86–3, 73 Stat. 4); and or uniquely impact Native Hawaiian re- (2) ADULT MEMBER.—The term ‘‘adult mem- (C) more than 150 other Federal laws ad- sources, rights, or lands; and ber’’ means a Native Hawaiian who has at- dressing the conditions of Native Hawaiians; (2) the Office. tained the age of 18 and who elects to par- (4) Native Hawaiians have— (c) LEAD AGENCY.— ticipate in the reorganization of the Native (A) an inherent right to autonomy in their (1) IN GENERAL.—The Department of the In- Hawaiian governing entity. internal affairs; terior shall serve as the lead agency of the (3) APOLOGY RESOLUTION.—The term ‘‘Apol- (B) an inherent right of self-determination Interagency Coordinating Group. ogy Resolution’’ means Public Law 103–150, and self-governance; (2) MEETINGS.—The Secretary shall con- (107 Stat. 1510), a Joint Resolution extending (C) the right to reorganize a Native Hawai- vene meetings of the Interagency Coordi- an apology to Native Hawaiians on behalf of ian governing entity; and nating Group. (d) DUTIES.—The Interagency Coordinating the United States for the participation of (D) the right to become economically self- Group shall— agents of the United States in the January sufficient; and (1) coordinate Federal programs and poli- 17, 1893 overthrow of the Kingdom of Hawaii. (5) the United States shall continue to en- cies that affect Native Hawaiians or actions (4) COMMISSION.—The term ‘‘commission’’ gage in a process of reconciliation and polit- by any agency or agencies of the Federal means the Commission established under ical relations with the Native Hawaiian peo- section 7(b) to provide for the certification Government that may significantly or ple. uniquely affect Native Hawaiian resources, that those adult members of the Native Ha- (b) PURPOSE.—The purpose of this Act is to rights, or lands; waiian community listed on the roll meet provide a process for the reorganization of (2) ensure that each Federal agency devel- the definition of Native Hawaiian set forth the Native Hawaiian governing entity and ops a policy on consultation with the Native in section 3(8). the reaffirmation of the political and legal Hawaiian people, and upon the reaffirmation (5) COUNCIL.—The term ‘‘council’’ means relationship between the United States and the Native Hawaiian Interim Governing the Native Hawaiian governing entity for of the political and legal relationship be- Council established under section 7(c)(2). purposes of continuing a government-to-gov- tween the Native Hawaiian governing entity and the United States, consultation with the (6) INDIGENOUS, NATIVE PEOPLE.—The term ernment relationship. Native Hawaiian governing entity; and ‘‘indigenous, native people’’ means the lineal SEC. 5. UNITED STATES OFFICE FOR NATIVE HA- descendants of the aboriginal, indigenous, WAIIAN RELATIONS. (3) ensure the participation of each Federal native people of the United States. (a) ESTABLISHMENT.—There is established agency in the development of the report to Congress authorized in section 5(b)(5). (7) INTERAGENCY COORDINATING GROUP.—The within the Office of the Secretary of the term ‘‘Interagency Coordinating Group’’ United States Office for Native Hawaiian Re- SEC. 7. PROCESS FOR THE REORGANIZATION OF means the Native Hawaiian Interagency Co- lations. THE NATIVE HAWAIIAN GOVERNING ENTITY AND THE REAFFIRMATION ordinating Group established under section (b) DUTIES.—The Office shall— (1) continue the process of reconciliation OF THE POLITICAL AND LEGAL RE- 6. LATIONSHIP BETWEEN THE UNITED (8) NATIVE HAWAIIAN.—For the purpose of with the Native Hawaiian people in further- STATES AND THE NATIVE HAWAIIAN establishing the roll authorized under sec- ance of the Apology Resolution; GOVERNING ENTITY. tion 7(c)(1) and before the reaffirmation of (2) upon the reaffirmation of the political (a) RECOGNITION OF THE NATIVE HAWAIIAN the political and legal relationship between and legal relationship between the Native GOVERNING ENTITY.—The right of the Native the United States and the Native Hawaiian Hawaiian governing entity and the United Hawaiian people to reorganize the Native governing entity, the term ‘‘Native Hawai- States, effectuate and coordinate the special Hawaiian governing entity to provide for ian’’ means— political and legal relationship between the their common welfare and to adopt appro- (A) an individual who is one of the indige- Native Hawaiian governing entity and the priate organic governing documents is recog- nous, native people of Hawaii and who is a United States through the Secretary, and nized by the United States. direct lineal descendant of the aboriginal, in- with all other Federal agencies; (b) COMMISSION.— digenous, native people who— (3) fully integrate the principle and prac- (1) IN GENERAL.—There is authorized to be (i) resided in the islands that now comprise tice of meaningful, regular, and appropriate established a Commission to be composed of the State of Hawaii on or before January 1, consultation with the Native Hawaiian gov- nine members for the purposes of— 1893; and erning entity by providing timely notice to, (A) preparing and maintaining a roll of the (ii) occupied and exercised sovereignty in and consulting with, the Native Hawaiian adult members of the Native Hawaiian com- the Hawaiian archipelago, including the area people and the Native Hawaiian governing munity who elect to participate in the reor- that now constitutes the State of Hawaii; or entity before taking any actions that may ganization of the Native Hawaiian governing (B) an individual who is one of the indige- have the potential to significantly affect Na- entity; and nous, native people of Hawaii and who was tive Hawaiian resources, rights, or lands; (B) certifying that the adult members of eligible in 1921 for the programs authorized (4) consult with the Interagency Coordi- the Native Hawaiian community proposed by the Hawaiian Homes Commission Act (42 nating Group, other Federal agencies, the for inclusion on the roll meet the definition Stat. 108, chapter 42) or a direct lineal de- Governor of the State of Hawaii and relevant of Native Hawaiian in section 3(8). scendant of that individual. agencies of the State of Hawaii on policies, (2) MEMBERSHIP.— (9) NATIVE HAWAIIAN GOVERNING ENTITY.— practices, and proposed actions affecting Na- (A) APPOINTMENT.—Within 180 days of the The term ‘‘Native Hawaiian Governing Enti- tive Hawaiian resources, rights, or lands; and date of enactment of this Act, the Secretary ty’’ means the governing entity organized by (5) prepare and submit to the Committee shall appoint the members of the Commis- the Native Hawaiian people pursuant to this on Indian Affairs and the Committee on En- sion in accordance with subclause (B). Any Act. ergy and Natural Resources of the Senate, vacancy on the Commission shall not affect (10) OFFICE.—The term ‘‘Office’’ means the the Committee on Resources of the House of its powers and shall be filled in the same United States Office for Native Hawaiian Re- Representatives, an annual report detailing manner as the original appointment. lations established under section 5(a). the activities of the Interagency Coordi- (B) REQUIREMENTS.—The members of the (11) SECRETARY.—The term ‘‘Secretary’’ nating Group that are undertaken with re- Commission shall be Native Hawaiian, as de- means the Secretary of the Department of spect to the continuing process of reconcili- fined in section 3(8), and shall have expertise the Interior. ation and to effect meaningful consultation in the determination of Native Hawaiian an- SEC. 4. UNITED STATES POLICY AND PURPOSE. with the Native Hawaiian governing entity cestry and lineal descendancy. (a) POLICY.—The United States reaffirms and providing recommendations for any nec- (3) EXPENSES.—Each member of the Com- that— essary changes to Federal law or regulations mission shall be allowed travel expenses, in- (1) Native Hawaiians are a unique and dis- promulgated under the authority of Federal cluding per diem in lieu of subsistence, at tinct, indigenous, native people with whom law. rates authorized for employees of agencies the United States has a special political and SEC. 6. NATIVE HAWAIIAN INTERAGENCY CO- under subchapter I of chapter 57 of title 5, legal relationship; ORDINATING GROUP. United States Code, while away from their (2) the United States has a special political (a) ESTABLISHMENT.—In recognition that homes or regular places of business in the and legal relationship with the Native Ha- Federal programs authorized to address the performance of services for the Commission.

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(4) DUTIES.—The Commission shall— Native Hawaiian in section 3(8), the Commis- (I) IN GENERAL.—The Council may conduct (A) prepare and maintain a roll of the sion may consult with Native Hawaiian orga- a referendum among the adult members of adult members of the Native Hawaiian com- nizations, agencies of the State of Hawaii in- the Native Hawaiian community listed on munity who elect to participate in the reor- cluding but not limited to the Department of the roll published under this subsection for ganization of the Native Hawaiian governing Hawaiian Home Lands, the Office of Hawai- the purpose of determining the proposed ele- entity; and ian Affairs, and the State Department of ments of the organic governing documents of (B) certify that each of the adult members Health, and other entities with expertise and the Native Hawaiian governing entity, in- of the Native Hawaiian community proposed experience in the determination of Native cluding but not limited to— for inclusion on the roll meet the definition Hawaiian ancestry and lineal descendancy. (aa) the proposed criteria for citizenship of of Native Hawaiian in section 3(8). (E) CERTIFICATION AND SUBMITTAL OF ROLL the Native Hawaiian governing entity; (5) STAFF.— TO SECRETARY.—The Commission shall— (bb) the proposed powers and authorities to (A) IN GENERAL.—The Commission may, (i) submit the roll containing the names of be exercised by the Native Hawaiian gov- without regard to the civil service laws (in- the adult members of the Native Hawaiian erning entity, as well as the proposed privi- cluding regulations), appoint and terminate community who meet the definition of Na- leges and immunities of the Native Hawaiian an executive director and such other additive Hawaiian in section 3(8) to the Sec- governing entity; tional personnel as are necessary to enable retary within two years from the date on (cc) the proposed civil rights and protec- the Commission to perform the duties of the which the Commission is fully composed; and tion of the rights of the citizens of the Na- Commission. (ii) certify to the Secretary that each of tive Hawaiian governing entity and all per- (B) COMPENSATION.— sons affected by the exercise of govern- the adult members of the Native Hawaiian (i) IN GENERAL.—Except as provided in mental powers and authorities of the Native community proposed for inclusion on the roll clause (ii), the Commission may fix the com- Hawaiian governing entity; and meets the definition of Native Hawaiian in pensation of the executive director and other (dd) other issues determined appropriate section 3(8). personnel without regard to the provisions of by the Council. (F) PUBLICATION.—Upon certification by chapter 51 and subchapter III of chapter 53 of (II) DEVELOPMENT OF ORGANIC GOVERNING the Commission to the Secretary that those title 5, United States Code, relating to clas- DOCUMENTS.—Based on the referendum, the listed on the roll meet the definition of Na- sification of positions and General Schedule Council may develop proposed organic gov- pay rates. tive Hawaiian in section 3(8), the Secretary erning documents for the Native Hawaiian shall publish the roll in the Federal Register. (ii) MAXIMUM RATE OF PAY.—The rate of governing entity. (G) APPEAL.—The Secretary may establish pay for the executive director and other per- (III) DISTRIBUTION.—The Council may dis- sonnel shall not exceed the rate payable for a mechanism for an appeal for any person tribute to all adult members of the Native level V of the Executive Schedule under sec- whose name is excluded from the roll who Hawaiian community listed on the roll pub- tion 5316 of title 5, United States Code. claims to meet the definition of Native Ha- lished under this subsection— (6) DETAIL OF FEDERAL GOVERNMENT EM- waiian in section 3(8) and to be 18 years of (aa) a copy of the proposed organic gov- PLOYEES.— age or older. erning documents, as drafted by the Council; (A) IN GENERAL.—An employee of the Fed- (H) PUBLICATION; UPDATE.—The Secretary and eral Government may be detailed to the shall— (bb) a brief impartial description of the Commission without reimbursement. (i) publish the roll regardless of whether proposed organic governing documents; (B) CIVIL SERVICE STATUS.—The detail of appeals are pending; (IV) ELECTIONS.—The Council may hold the employee shall be without interruption (ii) update the roll and the publication of elections for the purpose of ratifying the pro- or loss of civil service status or privilege. the roll on the final disposition of any ap- posed organic governing documents, and on (7) PROCUREMENT OF TEMPORARY AND INTER- peal; certification of the organic governing docu- MITTENT SERVICES.—The Commission may (iii) update the roll to include any Native ments by the Secretary in accordance with procure temporary and intermittent services Hawaiian who has attained the age of 18 and paragraph (4), hold elections of the officers in accordance with section 3109(b) of title 5, who has been certified by the Commission as of the Native Hawaiian governing entity pur- United States Code, at rates for individuals meeting the definition of Native Hawaiian in suant to paragraph (5). that do not exceed the daily equivalent of section 3(8) after the initial publication of (3) SUBMITTAL OF ORGANIC GOVERNING DOCU- the annual rate of basic pay prescribed for the roll or after any subsequent publications MENTS.—Following the reorganization of the level V of the Executive Schedule under sec- of the roll. Native Hawaiian governing entity and the tion 5316 of that title. (I) FAILURE TO ACT.—If the Secretary fails adoption of organic governing documents, (8) EXPIRATION.—The Secretary shall dis- to publish the roll, not later than 90 days the Council shall submit the organic gov- solve the Commission upon the reaffirmation after the date on which the roll is submitted erning documents of the Native Hawaiian of the political and legal relationship be- to the Secretary, the Commission shall pub- governing entity to the Secretary. tween the Native Hawaiian governing entity lish the roll notwithstanding any order or di- (4) CERTIFICATIONS.— and the United States. rective issued by the Secretary or any other (A) IN GENERAL.—Within the context of the (c) PROCESS FOR THE REORGANIZATION OF official of the Department of the Interior to future negotiations to be conducted under THE NATIVE HAWAIIAN GOVERNING ENTITY.— the contrary. the authority of section 8(b)(1), and the sub- (1) ROLL.— (J) EFFECT OF PUBLICATION.—The publica- sequent actions by the Congress and the (A) CONTENTS.—The roll shall include the tion of the initial and updated roll shall State of Hawaii to enact legislation to im- names of the adult members of the Native serve as the basis for the eligibility of adult plement the agreements of the three govern- Hawaiian community who elect to partici- members of the Native Hawaiian community ments, not later than 90 days after the date pate in the reorganization of the Native Ha- whose names are listed on those rolls to par- on which the Council submits the organic waiian governing entity and are certified to ticipate in the reorganization of the Native governing documents to the Secretary, the be Native Hawaiian as defined in section 3(8) Hawaiian governing entity. Secretary shall certify that the organic gov- by the Commission. (2) ORGANIZATION OF THE NATIVE HAWAIIAN erning documents— (B) FORMATION OF ROLL.—Each adult mem- INTERIM GOVERNING COUNCIL.— (i) establish the criteria for citizenship in ber of the Native Hawaiian community who (A) ORGANIZATION.—The adult members of the Native Hawaiian governing entity; elects to participate in the reorganization of the Native Hawaiian community listed on (ii) were adopted by a majority vote of the the Native Hawaiian governing entity shall the roll published under this section may— adult members of the Native Hawaiian com- submit to the Commission documentation in (i) develop criteria for candidates to be munity whose names are listed on the roll the form established by the Commission that elected to serve on the Native Hawaiian In- published by the Secretary; is sufficient to enable the Commission to de- terim Governing Council; (iii) provide authority for the Native Ha- termine whether the individual meets the (ii) determine the structure of the Council; waiian governing entity to negotiate with definition of Native Hawaiian in section 3(8). and Federal, State, and local governments, and (C) DOCUMENTATION.—The Commission (iii) elect members from individuals listed other entities; shall— on the roll published under this subsection (iv) provide for the exercise of govern- (i) identify the types of documentation to the Council. mental authorities by the Native Hawaiian that may be submitted to the Commission (B) POWERS.— governing entity, including any authorities that would enable the Commission to deter- (i) IN GENERAL.—The Council— that may be delegated to the Native Hawai- mine whether an individual meets the defini- (I) may represent those listed on the roll ian governing entity by the United States tion of Native Hawaiian in section 3(8); published under this section in the imple- and the State of Hawaii following negotia- (ii) establish a standard format for the sub- mentation of this Act; and tions authorized in section 8(b)(1) and the en- mission of documentation; and (II) shall have no powers other than powers actment of legislation to implement the (iii) publish information related to sub- given to the Council under this Act. agreements of the three governments; clauses (i) and (ii) in the Federal Register; (ii) FUNDING.—The Council may enter into (v) prevent the sale, disposition, lease, or (D) CONSULTATION.—In making determina- a contract with, or obtain a grant from, any encumbrance of lands, interests in lands, or tions that each of the adult members of the Federal or State agency to carry out clause other assets of the Native Hawaiian gov- Native Hawaiian community proposed for in- (iii). erning entity without the consent of the Na- clusion on the roll meets the definition of (iii) ACTIVITIES.— tive Hawaiian governing entity;

VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 7, 2004 CONGRESSIONAL RECORD — SENATE S8919 (vi) provide for the protection of the civil with the Native Hawaiian governing entity NOTICES OF HEARINGS/MEETINGS rights of the citizens of the Native Hawaiian designed to lead to an agreement addressing COMMITTEE ON INDIAN AFFAIRS governing entity and all persons affected by such matters as— the exercise of governmental powers and au- (A) the transfer of lands, natural resources, SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS thorities by the Native Hawaiian governing and other assets, and the protection of exist- Mr. CRAIG. Mr. President, I would entity; and ing rights related to such lands or resources; (vii) are consistent with applicable Federal (B) the exercise of governmental authority like to announce for the information of law and the special political and legal rela- over any transferred lands, natural re- the Senate and the public that a hear- tionship between the United States and the sources, and other assets, including land use; ing has been scheduled before the Sub- indigenous, native people of the United (C) the exercise of civil and criminal juris- committee on Public Lands and For- States; provided that the provisions of Pub- diction; ests of the Committee on Energy and lic Law 103–454, 25 U.S.C. 479a, shall not (D) the delegation of governmental powers Natural Resources. apply. and authorities to the Native Hawaiian gov- (B) RESUBMISSION IN CASE OF NONCOMPLI- erning entity by the United States and the The hearing will be held on Tuesday, ANCE WITH THE REQUIREMENTS OF SUBPARA- State of Hawaii; and September 14th at 2:30 p.m. in Room GRAPH (A).— (E) any residual responsibilities of the SD–366 of the Dirksen Senate Office (i) RESUBMISSION BY THE SECRETARY.—If the United States and the State of Hawaii. Building. Secretary determines that the organic gov- (2) AMENDMENTS TO EXISTING LAWS.—Upon The purpose of the hearing is to re- erning documents, or any part of the docu- agreement on any matter or matters nego- ments, do not meet all of the requirements tiated with the United States, the State of ceive testimony on the following bills: set forth in subparagraph (A), the Secretary Hawaii, and the Native Hawaiian governing S. 2532, to establish wilderness areas, shall resubmit the organic governing docu- entity, the parties shall submit— promote conservation, improve public ments to the Council, along with a justifica- (A) to the Committee on Indian Affairs of land, and provide for the high quality tion for each of the Secretary’s findings as to the Senate, the Committee on Energy and development in Lincoln County, NV, why the provisions are not in full compli- Natural Resources of the Senate, and the and for other purposes; S. 2723, to des- ance. Committee on Resources of the House of (ii) AMENDMENT AND RESUBMISSION OF OR- ignate certain land in the State of Or- Representatives, recommendations for pro- egon as wilderness, and for other pur- GANIC GOVERNING DOCUMENTS.—If the organic posed amendments to Federal law that will governing documents are resubmitted to the enable the implementation of agreements poses; and S. 2709, to provide for the re- Council by the Secretary under clause (i), reached between the three governments; and forestation of appropriate forest cover the Council shall— (B) to the Governor and the legislature of on forest land derived from the public (I) amend the organic governing documents the State of Hawaii, recommendations for domain, and for other purposes. to ensure that the documents meet all the proposed amendments to State law that will requirements set forth in subparagraph (A); Because of the limited time available enable the implementation of agreements for the hearing, witnesses may testify and reached between the three governments. (II) resubmit the amended organic gov- (c) CLAIMS.— by invitation only. However, those erning documents to the Secretary for cer- (1) IN GENERAL.—Nothing in this Act serves wishing to submit written testimony tification in accordance with this paragraph. as a settlement of any claim against the for the hearing record should send two (C) CERTIFICATIONS DEEMED MADE.—The United States. copies of their testimony to the Com- certifications under paragraph (4) shall be (2) STATUTE OF LIMITATIONS.—Any claim mittee on Energy and Natural Re- deemed to have been made if the Secretary against the United States arising under Fed- has not acted within 90 days after the date sources, United States Senate, Wash- eral law that— ington, DC 20510–6150. on which the Council has submitted the or- (A) is in existence on the date of enact- ganic governing documents of the Native Ha- ment of this Act; For further information, please con- waiian governing entity to the Secretary. (B) is asserted by the Native Hawaiian gov- tact Dick Bouts at 202–224–7574 Frank (5) ELECTIONS.—On completion of the cer- erning entity on behalf of the Native Hawai- Gladics at 202–224–2878 or Amy Millet tifications by the Secretary under paragraph ian people; and at 202–224–8276. (4), the Council may hold elections of the of- (C) relates to the legal and political rela- ficers of the Native Hawaiian governing enti- tionship between the United States and the f ty. Native Hawaiian people; (6) REAFFIRMATION.—Notwithstanding any other provision of law, upon the certifi- shall be brought in the court of jurisdiction over such claims not later than 20 years AUTHORITY FOR COMMITTEES TO cations required under paragraph (4) and the MEET election of the officers of the Native Hawai- after the date on which Federal recognition is extended to the Native Hawaiian gov- ian governing entity, the political and legal SELECT COMMITTEE ON INTELLIGENCE relationship between the United States and erning entity under section 7(c)(6). the Native Hawaiian governing entity is SEC. 9. APPLICABILITY OF CERTAIN FEDERAL Mr. MCCAIN. Mr. President, I ask hereby reaffirmed and the United States ex- LAWS. unanimous consent that the Select (a) INDIAN GAMING REGULATORY ACT.— tends Federal recognition to the Native Ha- Committee on Intelligence be author- Nothing in this Act shall be construed to au- waiian governing entity as the representa- thorize the Native Hawaiian governing enti- ized to meet during the session of the tive governing body of the Native Hawaiian ty to conduct gaming activities under the Senate on September 7, 2004 at 2:30 p.m. people. authority of the Indian Gaming Regulatory to hold a hearing on intelligence mat- SEC. 8. REAFFIRMATION OF DELEGATION OF Act (25 U.S.C. 2701 et seq.). ters. FEDERAL AUTHORITY; NEGOTIA- (b) BUREAU OF INDIAN AFFAIRS.—Nothing TIONS; CLAIMS. The PRESIDING OFFICER. Without contained in this Act provides an authoriza- (a) REAFFIRMATION.—The delegation by the objection, it is so ordered. United States of authority to the State of tion for eligibility to participate in any pro- Hawaii to address the conditions of the in- grams and services provided by the Bureau of digenous, native people of Hawaii contained Indian Affairs for any persons not otherwise f in the Act entitled ‘‘An Act to provide for eligible for the programs or services. the admission of the State of Hawaii into the SEC. 10. SEVERABILITY. PRIVILEGE OF THE FLOOR Union’’ approved March 18, 1959 (Public Law If any section or provision of this Act is 86–3, 73 Stat. 5), is reaffirmed. held invalid, it is the intent of Congress that Mr. HARKIN. I ask unanimous con- (b) NEGOTIATIONS.— the remaining sections or provisions shall sent Milan Dalal of my staff be granted (1) IN GENERAL.—Upon the reaffirmation of continue in full force and effect. the privilege of the floor for the dura- the political and legal relationship between SEC. 11. AUTHORIZATION OF APPROPRIATIONS. tion of today’s session. the United States and the Native Hawaiian There are authorized to be appropriated governing entity, the United States and the such sums as are necessary to carry out this The PRESIDING OFFICER. Without State of Hawaii may enter into negotiationsh Act. objection, it is so ordered. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following reports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

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Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Patrick Leahy: France ...... Dollar ...... 513.00 ...... 513.00 Luke Albee: France ...... Dollar ...... 513.00 ...... 513.00 Senator Zell Miller: France ...... Dollar ...... 513.00 ...... 513.00 Hunt Shipman: Hong Kong ...... Dollar ...... 858.00 ...... 5,526.00 ...... 6,384.50 Thailand ...... Dollar ...... 564.00 ...... 564.00 Vietnam ...... Dollar ...... 849.00 ...... 849.00 China ...... Dollar ...... 598.00 ...... 598.00 Patricia Doty: Hong Kong ...... Dollar ...... 858.00 ...... 5,526.50 ...... 6,384.50 Thailand ...... Dollar ...... 564.00 ...... 564.00 Vietnam ...... Dollar ...... 849.00 ...... 849.00 China ...... Dollar ...... 598.00 ...... 598.00 West Higginbothom: Hong Kong ...... Dollar ...... 858.00 ...... 5,526.50 ...... 6,384.50 Thailand ...... Dollar ...... 564.00 ...... 564.00 Vietnam ...... Dollar ...... 849.00 ...... 849.00 China ...... Dollar ...... 598.00 ...... 598.00 Martha Scott Poindexter: Hong Kong ...... Dollar ...... 858.00 ...... 5,526.50 ...... 6,384.50 Thailand ...... Dollar ...... 564.00 ...... 564.00 Vietnam ...... Dollar ...... 849.00 ...... 849.00 China ...... Dollar ...... 598.00 ...... 598.00 Delegation Expenses: France ...... Dollar ...... 1,072.00 ...... 1,072.00 Delegation Expenses: Thailand ...... Dollar ...... 2,229.15 ...... 2,229.15 Delegation Expenses: Vietnam ...... Dollar ...... 297.22 ...... 1,363.53 ...... 1,660.75 Delegation Expenses: Hong Kong ...... Dollar ...... 3,516.01 ...... 3,516.01 Delegation Expenses: China ...... Dollar ...... 52.03 ...... 1,461.20 ...... 1,513.23 John Zilkowski: Hong Kong ...... Dollar ...... 858.00 ...... 5,526.50 ...... 6,384.50 Thailand ...... Dollar ...... 564.00 ...... 564.00 Vietnam ...... Dollar ...... 849.00 ...... 849.00 China ...... Dollar ...... 598.00 ...... 598.00 Robert Holifield: Hong Kong ...... Dollar ...... 858.00 ...... 5,526.50 ...... 6,384.50 Thailand ...... Dollar ...... 563.97 ...... 563.97 Vietnam ...... Dollar ...... 849.00 ...... 849.00 China ...... Dollar ...... 598.00 ...... 598.00

Total ...... 18,752.97 ...... 33,508.25 ...... 9,641.89 ...... 61,903.11 THAD COCHRAN, Chairman, Committee on Agriculture, Nutrition and Forestry, July 19, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2004

Senator Conrad Burns: Ireland ...... Euro ...... 249.50 ...... 249.50 Kazakhstan ...... Tenge ...... 410.00 ...... 410.00 Ireland ...... Euro ...... 157.00 ...... 157.00 Michael D. Rawson: Ireland ...... Euro ...... 249.50 ...... 249.50 Kazakhstan ...... Tenge ...... 410.00 ...... 410.00 Ireland ...... Euro ...... 157.00 ...... 157.00

Total ...... 1,633.00 ...... 1,633.00 TED STEVENS, Chairman, Committee on Appropriations, June 23, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, FOR TRAVEL FROM APR. 1 TO JUNE 30, 2004

Senator Gordon Smith: France ...... Euro ...... 513.00 ...... 4,431.57 ...... 4,944.57 Delegation Expenses: France ...... Euro ...... 2,142.86 ...... 2,142.86

Total ...... 513.00 ...... 4,431.57 ...... 2,142.86 ...... 7,087.43 JOHN McCAIN, Chairman, Committee on Commerce, Science, and Transportation, July 8, 2004.

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Nilmini Rubin: Paraguay ...... Guarini ...... 1,323.00 ...... 492.19 ...... 1,815.19 Kim Savit: Qatar ...... Rial ...... 532.62 ...... 532.62

Total ...... 1,323.00 ...... 492.19 ...... 532.62 ...... 2,347.81 DICK LUGAR, Chairman, Committee on Foreign Relations, July 15, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS, FOR TRAVEL FROM APR. 1 TO JUNE 30, 2004

Senator Lamar Alexander: Japan ...... Yen ...... 1,008.82 ...... 1,008.82 United States ...... Dollar ...... 7,926.93 ...... 7,926.93 Senator Sam Brownback: United Arab Emirates ...... Dirham ...... 998.00 ...... 998.00 United States ...... Dollar ...... 4,200.00 ...... 4,200.00 Senator Michael Enzi: Belgium ...... Euro ...... 566.41 ...... 22.00 ...... 588.41 Germany ...... Euro ...... 36.50 ...... 36.50 Antony Blinken: France ...... Euro ...... 758.00 ...... 758.00 United States ...... Dollar ...... 6,396.30 ...... 6,396.30 Jay Branegan: Hong Kong ...... Dollar ...... 142.64 ...... 142.64 Cambodia ...... Dollar ...... 1,298.00 ...... 1,298.00 United States ...... Dollar ...... 7,525.88 ...... 7,525.88 Peter Contostavlos: Dominican Republic ...... Peso ...... 313.00 ...... 313.00 Venezuela ...... Bolivar ...... 400.00 ...... 400.00 United States ...... Dollar ...... 2,366.44 ...... 2,366.44 Heather Flynn: Liberia ...... Dollar ...... 855.00 ...... 855.00 Cote d’ Ivoire ...... Franc ...... 554.00 ...... 554.00 United States ...... Dollar ...... 6,537.89 ...... 6,537.89 Chad ...... Franc ...... 1,450.00 ...... 1,450.00 United States ...... Dollar ...... 8,934.56 ...... 8,934.56 Michael Haltzel: Ukraine ...... Hryvnia ...... 1,250.00 ...... 1,250.00 United States ...... Dollar ...... 4,227.08 ...... 4,227.08 Michael Mattler: Russia ...... Ruble ...... 1,800.00 ...... 1,800.00 United States ...... Dollar ...... 5,632.00 ...... 5,632.00 Carl Meacham: Venezuela ...... Bolivar ...... 1,132.00 ...... 1,132.00 United States ...... Dollar ...... 2,454.54 ...... 2,454.54 Jennifer Simon: Venezuela ...... Bolivar ...... 1,132.00 ...... 1,132.00 United States ...... Dollar ...... 2,454.54 ...... 2,454.54 Manisha Singh: Chile ...... Peso ...... 726.00 ...... 726.00 Costa Rica ...... Colon ...... 377.00 ...... 377.00 United States ...... Dollar ...... 4,743.24 ...... 4,743.24 Matt Sonnesyn: Japan ...... Yen ...... 1,107.75 ...... 1,107.75 United States ...... Dollar ...... 7,926.84 ...... 7,926.84 Sean Woo: Sudan ...... Dinar ...... 70.00 ...... 70.00 United States ...... Dollar ...... 7,748.97 ...... 7,748.97

Total ...... 14,977.12 ...... 80,073.21 ...... 22.00 ...... 95,072.33 DICK LUGAR, Chairman, Committee on Foreign Relations, July 15, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON GOVERNMENTAL AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2004

Senator Frank Lautenberg: France ...... Euro ...... 2,655.86 ...... 2,655.86 Richard Kessler: France ...... Euro ...... 2,238.00 ...... 2,238.00

Total ...... 4,893.86 ...... 4,893.86 SUSAN COLLINS, Chairman, Committee on Governmental Affairs, July 1, 2004.

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Senator John Cornyn: Guatemala ...... Quetzal ...... 612.40 ...... 612.40 Honduras ...... Lempira ...... 410.00 ...... 410.00 El Salvador ...... Colon ...... 20.00 ...... 20.00 Nicaragua ...... Cordoba Oro ...... 530.23 ...... 530.23 Costa Rica ...... Colon ...... 543.00 ...... 543.00 Katherine Bloemendal: Guatemala ...... Quetzal ...... 529.55 ...... 529.55 Honduras ...... Lempira ...... 350.00 ...... 350.00 El Salvador ...... Colon ...... 106.90 ...... 106.90 Nicaragua ...... Cordoba Oro ...... 423.51 ...... 423.51 Costa Rica ...... Colon ...... 400.00 ...... 400.00 Romanita Matta: Mexico ...... Pesos ...... 1,105.04 ...... 1,105.04 United States ...... Dollar ...... 575.75 ...... 575.75

Total ...... 5,030.63 ...... 575.75 ...... 5,606.38 ORRIN HATCH, Chairman, Committee on the Judiciary, July 19, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), CODEL LOTT U.S.-RUSSIA IPG FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2004.

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Trent Lott: Germany ...... Euro ...... 816.00 ...... 816.00 Russia ...... Ruble ...... 736.00 ...... 736.00 Czech Republic ...... Crown ...... 636.00 ...... 636.00 Senator Jeff Sessions: Germany ...... Euro ...... 786.00 ...... 786.00 Russia ...... Ruble ...... 706.00 ...... 706.00 Czech Republic ...... Crown ...... 606.00 ...... 606.00 Senator Lamar Alexander: Germany ...... Euro ...... 796.00 ...... 796.00 Russia ...... Ruble ...... 716.00 ...... 716.00 Czech Republic ...... Crown ...... 616.00 ...... 616.00 Senator John Cornyn: Germany ...... Euro ...... 777.00 ...... 777.00 Russia ...... Ruble ...... 697.00 ...... 697.00 Czech Republic ...... Crown ...... 597.00 ...... 597.00 Julia Hart: Germany ...... Euro ...... 791.00 ...... 791.00 Russia ...... Ruble ...... 711.00 ...... 711.00 Czech Republic ...... Crown ...... 586.00 ...... 586.00 William Gotshall: Germany ...... Euro ...... 816.00 ...... 816.00 Russia ...... Ruble ...... 736.00 ...... 736.00 Czech Republic ...... Crown ...... 636.00 ...... 636.00 Tom Ingram: Germany ...... Euro ...... 816.00 ...... 816.00 Russia ...... Ruble ...... 736.00 ...... 736.00 Czech Republic ...... Crown ...... 636.00 ...... 636.00 Russ Thomasson Germany ...... Euro ...... 683.50 ...... 683.50 Russia ...... Ruble ...... 603.50 ...... 603.50 Czech Republic ...... Crown ...... 636.00 ...... 636.00 Mitch Waldman: Germany ...... Euro ...... 816.00 ...... 816.00 Russia ...... Ruble ...... 736.00 ...... 736.00 Czech Republic ...... Crown ...... 636.00 ...... 636.00 Delegation Expenses:* Germany ...... Euro ...... 17,543.85 ...... 17,543.85 Russia ...... Ruble ...... 9,683.62 ...... 9,683.62 Czech Republic ...... Crown ...... 5,249.96 ...... 5,249.96

Total ...... 19,060.00 ...... 32,477.43 ...... 51,537.43 *Delegation expense include payments to the Department of State under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384 and S. Res. 179 agreed to May 25, 1977. BILL FRIST, Majority Leader, July 10, 2004.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), OFFICE OF THE VICE PRESIDENT FOR TRAVEL FROM APR. 1 TO JUNE 30, 2004

Brenda Becker: United Kingdom ...... Pound ...... 181.00 ...... 181.00 France ...... Euro ...... 389.00 ...... 389.00

Total ...... 570.00 ...... 570.00 DICK CHENEY, Vice President of the United States, July 20, 2004.

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AUTHORIZATION TO SIGN BILLS Mr. REID. No objection. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AND RESOLUTIONS The PRESIDING OFFICER. Without CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE objection, it is so ordered. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Mr. MCCONNELL. Mr. President, I 601: ask unanimous consent that during f To be lieutenant general this adjournment of the Senate the PROGRAM MAJ. GEN. STEPHEN R. LORENZ, 0000 junior Senator from Missouri be au- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT thorized to sign newly enrolled bills or Mr. MCCONNELL. For the informa- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE joint resolutions. tion of all Senators, following morning AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION The PRESIDING OFFICER. Without business the Senate will begin consid- 601: objection, it is so ordered. eration of the Homeland Security ap- To be lieutenant general f propriations bill. We will begin the MAJ. GEN. DENNIS R. LARSEN, 0000 amending process tomorrow morning THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEASURE READ THE FIRST and Senators should expect rollcall IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TIME—S. 2774 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE votes during tomorrow’s session. It is AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Mr. MCCONNELL. I understand that our intention to move this bill to com- 601: S. 2774 is at the desk and I ask for its pletion in a timely manner and those To be lieutenant general first reading. Senators who wish to offer amend- MAJ. GEN. KEVIN P. CHILTON, 0000, 0000 The PRESIDING OFFICER. The ments should contact the bill managers THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- clerk will read the title of the bill for as soon as possible. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE the first time. f AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION The assistant legislative clerk read 601: as follows: ADJOURNMENT UNTIL TOMORROW To be lieutenant general A bill (S. 2774) to implement the rec- AT 10:30 A.M. MAJ. GEN. WILLIAM M. FRASER III, 0000 ommendations of the National Commission C THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. M CONNELL. Mr. President, if IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- on Terrorist Attacks upon the United States, there is no further business to come be- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE and for other purposes. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION fore the Senate, I ask unanimous con- 601: Mr. MCCONNELL. I ask for its second sent the Senate stand in adjournment To be lieutenant general reading, and in order to place the bill under the previous order. on the calendar under the provision of There being no objection, the Senate, LT. GEN. CARROL H. CHANDLER, 0000 rule XIV I object to proceeding to the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT at 8:07 p.m., adjourned until Wednes- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- matter. day, September 8, 2004, at 10:30 a.m. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE The PRESIDING OFFICER. The ob- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION f 601: jection having been heard, the bill will To be lieutenant general be read the second time on the next NOMINATIONS MAJ. GEN. STEPHEN G. WOOD, 0000 legislative day. Executive nominations received by IN THE ARMY f the Senate September 7, 2004: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT APPOINTMENT MORRIS K. UDALL SCHOLORSHIP AND EXCELLENCE IN IN THE UNITED STATES ARMY TO THE GRADE INDICATED NATIONAL ENVIRONMENTAL POLICY FOUNDATION WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND D. MICHAEL RAPPOPORT, OF ARIZONA, TO BE A MEM- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: The PRESIDING OFFICER. The BER OF THE BOARD OF TRUSTEES OF THE MORRIS K. Chair, on behalf of the Majority Lead- UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL To be lieutenant general ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EX- er, pursuant to Public Law 108–199, PIRING OCTOBER 6, 2008. (REAPPOINTMENT) MAJ. GEN. ROBERT T. DAIL, 0000 Title VI, Section 637, appoints the fol- THE JUDICIARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT lowing individual to serve as a member IN THE UNITED STATES ARMY TO THE GRADE INDICATED PAUL A. CROTTY, OF NEW YORK, TO BE UNITED STATES WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND of the Helping to Enhance the Liveli- DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: hood of People (HELP) Around the YORK, VICE HAROLD BAER, JR., RETIRING. To be lieutenant general CENTRAL INTELLIGENCE Globe Commission: Thomas Chandler MAJ. GEN. DAVID F. MELCHER, 0000 Kleine of Virginia. PORTER J. GOSS, OF FLORIDA, TO BE DIRECTOR OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CENTRAL INTELLIGENCE, VICE GEORGE JOHN TENET, IN THE RESERVE OF THE ARMY TO THE GRADES INDI- f RESIGNED. CATED UNDER TITLE 10, U.S.C., SECTION 12203: ORDERS FOR WEDNESDAY, IN THE COAST GUARD To be major general SEPTEMBER 8, 2004 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. JAMES E. ARCHER, 0000 IN THE UNITED STATES COAST GUARD TO THE GRADE IN- BRIG. GEN. STEVEN P. BEST, 0000 Mr. MCCONNELL. Mr. President, I DICATED UNDER TITLE 14, U.S.C., SECTION 271: BRIG. GEN. PETER S. COOKE, 0000 ask unanimous consent when the Sen- To be rear admiral (lower half) BRIG. GEN. MICHAEL A. KUEHR, 0000 ate completes its business today it ad- BRIG. GEN. JACK C. STULTZ, 0000 CAPT. GARY T. BLORE, 0000 To be brigadier general journ until 10:30 a.m. on Wednesday, CAPT. CRAIG E. BONE, 0000 September 8. I further ask that fol- CAPT. ROBERT S. BRANHAM, 0000 COL. NORMAN H. ANDERSSON, 0000 CAPT. JOHN P. CURRIER, 0000 COL. EDWARD L. ARNTSON II, 0000 lowing the prayer and pledge, the CAPT. RONALD T. HEWITT, 0000 COL. MARGRIT M. FARMER, 0000 morning hour be deemed expired, the CAPT. JOSEPH L. NIMMICH, 0000 COL. GLENN J. LESNIAK, 0000 CAPT. JOEL R. WHITEHEAD, 0000 COL. ADOLPH MC QUEEN JR., 0000 Journal of proceedings be approved to IN THE AIR FORCE COL. JACK F. NEVIN, 0000 date, the time for the two leaders be COL. MAYNARD J. SANDERS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. GREGORY A. SCHUMACHER, 0000 reserved for their use later in the day, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COL. KEITH L. THURGOOD, 0000 and the Senate then begin a period of CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE IN THE MARINE CORPS AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION morning business for statements only 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT until 11:30 a.m, with the first half of To be general IN THE UNITED STATES MARINE CORPS TO THE GRADE the time under the control of the INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- GEN. GREGORY S. MARTIN, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., Democratic leader or his designee and SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the remaining time under the control IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be lieutenant general of the majority leader or his designee; CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE LT. GEN. EDWARD HANLON JR., 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION provided that at 11:30 a.m. the Senate 601: IN THE NAVY proceed to consideration of Calendar To be general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT No. 588, H.R. 4567, the Homeland Secu- IN THE UNITED STATES NAVY TO THE GRADE INDICATED LT. GEN. BRUCE A. WRIGHT, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND rity appropriations bill, as provided RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT under the previous order. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be vice admiral CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE I further ask consent that the Senate REAR ADM. JAMES K. MORAN, 0000 recess from 12:30 until 2:15 p.m. for AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT weekly party luncheons. To be general IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND LT. GEN. RONALD E. KEYS, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:

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VerDate Mar 15 2010 21:45 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 9801 E:\2004SENATE\S07SE4.REC S07SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY Tuesday, September 7, 2004 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity (July and August). Senate and House passed H.R. 5005, Emergency Supplemental Appro- priations, clearing the measure for the President. Senate of the National Park System and on other rec- Chamber Action reational users of public land, with an amendment in Routine Proceedings, pages S8811–S8924 the nature of a substitute. (S. Rept. No. 108–320) Measures Introduced: Four bills were introduced as S. 2052, to amend the National Trails System Act follows: S. 2774–2777. Page S8861 to designate El Camino Real de los Tejas as a Na- Measures Reported: Reported on Wednesday, Au- tional Historic Trail, with an amendment in the na- gust 25, during the adjournment: ture of a substitute. (S. Rept. No. 108–321) S. 2495, to strike limitations on funding and ex- S. 2167, to establish the Lewis and Clark National tend the period of authorization for certain coastal Historical Park in the States of Washington and Or- wetland conservation projects. (S. Rept. No. egon, with amendments. (S. Rept. No. 108–322) 108–312) S. 2173, to further the purposes of the Sand Creek S. 2547, to amend the Migratory Bird Treaty Act Massacre National Historic Site Establishment Act of to exclude non-native migratory bird species from 2000, with an amendment in the nature of a sub- the application of that Act. (S. Rept. No. 108–313) stitute. (S. Rept. No. 108–323) S. 2773, to provide for the consideration and de- S. 2285, to direct the Secretary of the Interior to velopment of water and related resources, to author- convey a parcel of real property to Beaver County, ize the Secretary of the Army to construct various Utah, with an amendment in the nature of a sub- projects for improvements to rivers and harbors of stitute. (S. Rept. No. 108–324) the United States. (S. Rept. No. 108–314) S. 2287, to adjust the boundary of the Barataria H.R. 2408, To amend the Fish and Wildlife Act Preserve Unit of Jean Lafitte National Historical of 1956 to reauthorize volunteer programs and com- Park and Preserve in the State of Louisiana, with munity partnerships for national wildlife refuges and amendments. (S. Rept. No. 108–325) for other purposes. (S. Rept. No. 108–315) S. 2460, to provide assistance to the State of New Report to accompany S. 2610, to implement the Mexico for the development of comprehensive State United States-Australia Free Trade Agreement. (S. water plans, with an amendment in the nature of a Rept. No. 108–316) Report to accompany S. 2677, to implement the substitute. (S. Rept. No. 108–326) United States-Morocco Free Trade Agreement. (S. S. 2508, to redesignate the Ridges Basin Res- Rept. No. 108–317) ervoir, Colorado, as Lake Nighthorse, with an S. 2468, to reform the postal laws of the United amendment. (S. Rept. No. 108–327) States, with an amendment in the nature of a sub- S. 2511, to direct the Secretary of the Interior to stitute. (S. Rept. No. 108–318) conduct a feasibility study of a Chimayo water sup- S. 203, to open certain withdrawn land in Big ply system, to provide for the planning, design, and Horn County, Wyoming, to locatable mineral devel- construction of a water supply, reclamation, and fil- opment for bentonite mining, with an amendment tration facility for Espanola, New Mexico, with an in the nature of a substitute. (S. Rept. No. 108–319) amendment in the nature of a substitute. (S. Rept. S. 931, to direct the Secretary of the Interior to No. 108–328) undertake a program to reduce the risks from and S. 2543, to establish a program and criteria for mitigate the effects of avalanches on visitors to units National Heritage Areas in the United States, with D840

VerDate Aug 04 2004 06:19 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE4.REC D07SE4 September 7, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D841 an amendment in the nature of a substitute. (S. bill, homeland security, natural disasters, or govern- Rept. No. 108–329) ment security contracts, and that they be subject to H.R. 265, to provide for an adjustment of the relevant second-degree amendments; and that fol- boundaries of Mount Rainier National Park. (S. lowing passage of the bill, the Senate insist on its Rept. No. 108–330) amendment, request a conference with the House H.R. 1284, to amend the Reclamation Projects thereon, and the Chair be authorized to appoint con- Authorization and Adjustment Act of 1992 to in- ferees on the part of the Senate. Pages S8840–41, S8923 crease the Federal share of the costs of the San Ga- Signing Authority Agreement: A unanimous-con- briel Basin demonstration project, with an amend- sent agreement was reached providing that during ment. (S. Rept. No. 108–331) this adjournment of the Senate, Senator Talent be H.R. 1616, to authorize the exchange of certain authorized to sign duly enrolled bills or joint resolu- lands within the Martin Luther King, Junior, Na- tions. Page S8923 tional Historic Site for lands owned by the City of Atlanta, Georgia. (S. Rept. No. 108–332) Messages From the President: Senate received the H.R. 3768, to expand the Timucuan Ecological following message from the President of the United and Historic Preserve, Florida. (S. Rept. No. States: 108–333) Transmitting, pursuant to law, the notification of Report to accompany S.J. Res. 4, proposing an the President’s intention to designate Iraq as a bene- amendment to the Constitution of the United States ficiary developing country for purposes of the Gener- authorizing Congress to prohibit the physical dese- alized System of Preferences; which was referred to cration of the flag of the United States. (S. Rept. the Committee on Finance. (PM–92) Page S8860 No. 108–334) Appointments: Reported on today: S. 2382, to establish grant programs for the devel- Helping to Enhance the Livelihood of People opment of telecommunications capacities in Indian (HELP) Around the Globe Commission: The Chair, country, with an amendment in the nature of a sub- on behalf of the Majority Leader, pursuant to Public Law 108–199, Title VI, Section 637, appointed the stitute. (S. Rept. No. 108–335) Pages S8860–61 following individual to serve as a member of the Measures Passed: Helping to Enhance the Livelihood of People Emergency Supplemental Appropriations: Pursu- (HELP) Around the Globe Commission: Thomas ant to the order of September 7, 2004, Senate passed Chandler Kleine of Virginia. Page S8923 H.R. 5005, making emergency supplemental appro- Nominations Confirmed: Senate confirmed the fol- priations for the fiscal year ending September 30, lowing nominations: 2004, for additional disaster assistance, clearing the By unanimous vote of 91 yeas (Vote No. Ex. 164), measure for the President. Virginia Maria Hernandez Covington, of Florida, to Emergency Supplemental Appropriations— be United States District Judge for the Middle Dis- Agreement: A unanimous-consent agreement was trict of Florida. Pages S8832–36, S8924 reached providing that, notwithstanding the ad- By 92 yeas 1 nay (Vote No. Ex. 165), Michael H. journment of the Senate, the Senate may receive Schneider, Sr., of Texas, to be United States District from the House of Representatives the supplemental Judge for the Eastern District of Texas. appropriations bill (H.R. 5005), that the Senate pro- Pages S8832–37, S8924 ceed to its consideration, the bill be read a third Michael H. Watson, of Ohio, to be United States time and passed. Pages S8839–40 District Judge for the Southern District of Ohio. Homeland Security Appropriations—Agreement: Pages S8837–39, S8924 A unanimous-consent agreement was reached pro- Nominations Received: Senate received the fol- viding that on Wednesday, September 8, 2004, at lowing nominations: 11:30 a.m, Senate proceed to consideration of H.R. D. Michael Rappoport, of Arizona, to be a Mem- 4567, making appropriations for the Department of ber of the Board of Trustees of the Morris K. Udall Homeland Security for the fiscal year ending Sep- Scholarship and Excellence in National Environ- tember 30, 2005, that all after the enacting clause mental Policy Foundation for a term expiring Octo- be stricken and the text of S. 2537, Senate com- ber 6, 2008. (Reappointment) panion measure, be inserted in lieu thereof and con- Paul A. Crotty, of New York, to be United States sidered as original text for the purpose of further District Judge for the Southern District of New amendment; that no points of order be waived by York. virtue of this agreement; that the only first-degree Porter J. Goss, of Florida, to be Director of Cen- amendments in order be related to the text of the tral Intelligence.

VerDate Aug 04 2004 06:17 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE4.REC D07SE4 D842 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 2004 9 Air Force nominations in the rank of general. erations of proposals to reorganize the United States 16 Army nominations in the rank of general. Intelligence Community, after receiving testimony 7 Coast Guard nominations in the rank of admi- from Donald H. Rumsfeld, Secretary of Defense, Ste- ral. phen A. Cambone, Under Secretary for Intelligence, 1 Marine Corps nomination in the rank of general. and Gen. Richard B. Myers, USAF, Chairman, Joint 6 Navy nominations in the rank of admiral. Chiefs of Staff, all of the Department of Defense; and A routine list in the Coast Guard. Pages S8923–24 John E. McLaughlin, Acting Director of Central In- Messages From the House: Pages S8852–53 telligence. Measures Referred: Page S8853 JONES-FAY INVESTIGATION RESULTS Measures Placed on Calendar: Page S8853 Committee on Armed Services: On Wednesday, August Measures Read First Time: Pages S8853–54 25, committee met in closed session to receive a briefing on the results of the Jones-Fay investigation Enrolled Bills Presented: Page S8852 of the 205th Military Intelligence Brigade of Abu Executive Communications: Pages S8854–60 Ghraib Prison in Iraq from Gen. Paul J. Kern, USA, Additional Cosponsors: Pages S8861–63 Commanding General, United States Army Materiel Command; Lt. Gen. Anthony R. Jones, USA, Dep- Statements on Introduced Bills/Resolutions: uty Commanding General, Chief of Staff, United Pages S8863–S8915 States Army Training and Doctrine Command; and Additional Statements: Pages S8849–52 Maj. Gen. George R. Fay, USA, Deputy Com- Amendments Submitted: Pages S8916–19 mander, United States Army Intelligence and Secu- rity Command. Notices of Hearings/Meetings: Page S8919 Authority for Committees to Meet: Page S8919 TRANSPORTATION SECURITY REFORM Privilege of the Floor: Page S8919 Committee on Commerce, Science, and Transportation: On Monday, August 16, Committee concluded a hearing Record Votes: Two record votes were taken today. to examine the 9/11 Commission recommendations, (Total—165) Pages S8836, S8837 focusing on areas within the committee’s jurisdic- Adjournment: Senate convened at 12:09 p.m., and tion, including transportation security, communica- adjourned at 8:07 p.m., until 10:30 a.m., on tions and technology, after receiving testimony from Wednesday, September 8, 2004. (For Senate’s pro- Asa Hutchinson, Under Secretary of Homeland Secu- gram, see the remarks of the Acting Majority Leader rity for Border and Transportation Security; and in today’s Record on page S8923.) Thomas H. Kean, Chair, and Lee H. Hamilton, Vice Chair, both of National Commission on Terrorist At- Committee Meetings tacks Upon the United States. INTELLIGENCE REFORM (Committees not listed did not meet) Committee on Governmental Affairs: On Friday, July INTELLIGENCE REFORM 30, Committee held hearings to examine the rec- Committee on Armed Services: On Monday, August 16, ommendations of the 9/11 Commission relating, fo- Committee concluded a hearing to examine implica- cusing on the restructuring of the national intel- tions for the Department of Defense and military op- ligence community, receiving testimony from Thom- erations of proposals to reorganize the United States as H. Kean, Chair, and Lee H. Hamilton, Vice Intelligence Community, after receiving testimony Chair, both of the National Commission on Terrorist from James R. Schlesinger, Mitre Corporation, Attacks Upon the United States (9/11 Commission). McLean, Virginia, former Secretary of Defense; Frank Committee will meet again on Tuesday, August C. Carlucci, Carlisle Group, Scranton, Pennsylvania, 3. former Secretary of Defense; and John J. Hamre, Center for Strategic and International Studies, Wash- INTELLIGENCE REFORM ington, D.C., former Deputy Secretary of Defense. Committee on Governmental Affairs: On Tuesday, Au- Committee will meet again tomorrow. gust 3, Committee resumed hearings to examine the recommendations of the 9/11 Commission, focusing INTELLIGENCE REFORM on the reorganization of the Executive Branch, in- Committee on Armed Services: On Tuesday, August 17, cluding the creation of the National Counterterror- Committee concluded hearings to examine implica- ism Center, a centralized organization to integrate tions for the Department of Defense and military op- terrorist threat information, receiving testimony

VerDate Aug 04 2004 06:17 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE4.REC D07SE4 September 7, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D843 from John O. Brennan, Director, Terrorist Threat In- INTELLIGENCE REFORM tegration Center; John S. Pistole, Executive Assistant Committee on Governmental Affairs: On Thursday, Au- Director, Counterterrorism/Counterintelligence, Fed- gust 26, Committee resumed hearings in closed ses- eral Bureau of Investigation, Department of Justice; sion to examine the recommendations of the 9/11 Lt. Gen. Patrick M. Hughes, USA (Ret.), Assistant Commission, focusing on certain intelligence reform Secretary of Homeland Security for Information issues, receiving testimony from Stephen A. Analysis; Philip Mudd, Deputy Director, Counterter- Cambone, Under Secretary for Intelligence, and Lt. rorism Center, Central Intelligence Agency; and Gen. Norton A. Schwartz, Director for Operations, Philip Zelikow, Executive Director, and Christopher J–3, Joint Staff, both of the Department of Defense; Kojm, Deputy Executive Director, both of the Na- Larry C. Kindsvater, Deputy Director of Central In- tional Commission on Terrorist Attacks Upon the telligence for Community Management; Arthur United States (9/11 Commission). Cummings, Section Chief, International Terrorism Committee will meet again on Monday, August Operations Section I, Counterterrorism Division, 16. Federal Bureau of Investigation, Department of Jus- tice; and a certain classified official of the intel- INTELLIGENCE REFORM ligence community. Committee on Governmental Affairs: On Monday, Au- Committee will meet again on Wednesday, Sep- gust 16, Committee resumed hearings to examine tember 8. the recommendations of the 9/11 Commission, fo- FEDERAL LAW ENFORCEMENT AND cusing on the restructuring of the intelligence com- BORDER SECURITY munity, receiving testimony from William H. Web- ster, Milbank, Tweed, Hadley, & McCloy, LLP, and Committee on the Judiciary: On Thursday, August 19, R. James Woolsey, Booz Allen Hamilton, both of Committee concluded hearings to examine the 9/11 Washington, DC, and Stansfield Turner, University Commission recommendations, focusing on law en- of Maryland School of Public Policy, College Park, forcement, border security and the USA PATRIOT Maryland, each a former Director of Central Intel- Act, after receiving testimony from Asa Hutchinson, ligence. Under Secretary of Homeland Security for Border Committee will meet again tomorrow. and Transportation Security; Maureen A. Baginski, Executive Assistant Director, Intelligence, Federal INTELLIGENCE REFORM Bureau of Investigation, Department of Justice; and Lee Hamilton, Vice Chair, and Slade Gorton, Com- Committee on Governmental Affairs: On Tuesday, Au- missioner, both of the National Commission on Ter- gust 17, Committee continued hearings to examine rorist Attacks Upon the United States (9/11 Com- the recommendations of the 9/11 Commission, fo- mission). cusing on the families of the victims of the Sep- tember 11, 2001 terrorist attacks, receiving testi- INTELLIGENCE REFORM mony from Mary Fetchet, 9/11 Family Steering Select Committee on Intelligence: Committee held hear- Committee and the Voices of September 11th, New ings to examine ways to implement the 9/11 Com- Canaan, Connecticut; Stephen Push, Families of Sep- mission recommendations for intelligence reform, re- tember 11, New York, New York; and Kristin ceiving testimony from Thomas H. Kean, Chair, Lee Breitweiser, September 11th Advocates, Middletown H. Hamilton, Vice Chair, and John F. Lehman, Township, New Jersey. Member, all of the National Commission on Ter- Committee will meet again on Thursday, August rorist Attacks Upon the United States (9/11 Com- 26. mission).

VerDate Aug 04 2004 06:17 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE4.REC D07SE4 D844 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 2004 House of Representatives H.R. 3427, to authorize a land conveyance be- Chamber Action tween the United States and the City of Craig, Alas- Measures Introduced: 19 public bills, H.R. ka, amended (H. Rept. 108–644); 5005–5023; and 3 resolutions, H. Con. Res. H.R. 3589, to create the Office of Chief Financial 486–487, and H. Res. 755, were introduced. Officer of the Government of the Virgin Islands, Pages H6755–56 amended (H. Rept. 108–645); Additional Cosponsors: Pages H6756–57 H.R. 3597, to authorize the Secretary of the Inte- rior, through the Bureau of Reclamation, to conduct Reports Filed: Reports were filed as follows: a feasibility study on the Alder Creek water storage Omitted from the Record of July 22, 2004: H.R. and conservation project in El Dorado County, Cali- 3143, to enhance Federal Trade Commission enforce- fornia, amended (H. Rept. 108–646); ment against cross-border fraud and deception re- H.R. 3954, to authorize the Secretary of the Inte- ferred jointly and sequentially to the House Com- rior to resolve boundary discrepancies in San Diego mittee on Financial Services for a period ending not County, California, arising from an erroneous survey later than Oct. 1, 2004 for consideration of such conducted by a Government contractor in 1881 that provisions of the bill as fall within the jurisdiction resulted in overlapping boundaries for certain lands, of that committee pursuant to clause 1(g), rule X amended (H. Rept. 108–647); (H. Rept. 108–635, Pt. 1); H.R. 4010, to reauthorize and amend the Na- H.R. 5006, making appropriations for the Depart- tional Geologic Mapping Act of 1992 (H. Rept. ments of Labor, Health and Human Services, and 108–648); Education, and related agencies for the fiscal year H.R. 4045, to authorize the Secretary of the Inte- ending September 30, 2005 (H. Rept. 108–636); rior to prepare a feasibility study with respect to the H.R. 2129, to direct the Secretary of the Interior Mokelumne River, amended (H. Rept. 108–649); to conduct a special resources study regarding the H.R. 4459, to authorize the Secretary of the Inte- suitability and feasibility of designating certain his- rior, acting through the Bureau of Reclamation and toric buildings and areas in Taunton, Massachusetts, in coordination with other Federal, State, and local as a unit of the National Park System, amended (H. government agencies, to participate in the funding Rept. 108–637); and implementation of a balanced, long-term H.R. 2400, to amend the Organic Act of Guam groundwater remediation program in California, (H. for the purposes of clarifying the local judicial struc- Rept. 108–650); ture of Guam (H. Rept. 108–638); H.R. 4481, to amend Public Law 86–434 estab- H.R. 2457, to authorize funds for an educational lishing Wilson’s Creek National Battlefield in the center for the Castillo de San Marcos National State of Missouri to expand the boundaries of the Monument, amended (H. Rept. 108–639); park, amended (H. Rept. 108–651); H.R. 2663, to authorize the Secretary of the Inte- H.R. 4494, to designate the Grey Towers Na- rior to study the suitability and feasibility of desig- tional Historic Site in the Commonwealth of Penn- nating Castle Nugent Farms located on St. Croix, sylvania, amended (H. Rept. 108–652); Virgin Islands, as a unit of the National Park System S. 943, to authorize the Secretary of the Interior (H. Rept. 108–640); to enter into 1 or more contracts with the city of H.R. 3056, to clarify the boundaries of the John Cheyenne, Wyoming, for the storage of water in the H. Chafee Coast Barrier Resources System Cedar Kendrick Project, Wyoming (H. Rept. 108–653); Keys Unit P25 on Otherwise Protected Area P25P, S. 1537, to direct the Secretary of Agriculture to amended (H. Rept. 108–641); convey to the New Hope Cemetery Association cer- H.R. 3257, to authorize the Secretary of the Inte- tain land in the State of Arkansas for use as a ceme- rior to conduct a study to determine the suitability tery (H. Rept. 108–654); and feasibility of establishing the Western Reserve S. 1576, to revise the boundary of Harpers Ferry Heritage Area, amended (H. Rept. 108–642); National Historical Park (H. Rept. 108–655); H.R. 3334, to authorize the Secretary of the Inte- S. 1721, to amend the Indian Land Consolidation rior to participate in the design and construction of Act to improve provisions relating to probate of the Riverside-Corona Feeder in cooperation with the trust and restricted land (H. Rept. 108–656); Western Municipal Water District of Riverside, H. Res. 431, honoring the achievements of Sieg- California, amended (H. Rept. 108–643); fried and Roy, recognizing the impact of their efforts

VerDate Aug 04 2004 06:17 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE4.REC D07SE4 September 7, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D845 on the conservation of endangered species both do- none voting ‘‘nay’’ and one voting ‘‘present’’, Roll mestically and worldwide, and wishing Roy Horn a No. 422; Pages H6719–20, H6725 full and speedy recovery (H. Rept. 108–657); Anthony I. Lombardi Memorial Post Office H. Res. 700, directing the Attorney General to Building Designation Act: H.R. 4618, to designate transmit to the House of Representatives documents the facility of the United States Postal Service lo- in the possession of the Attorney General relating to cated at 10 West Prospect Street in Nanuet, New the treatment of prisoners and detainees in Iraq, Af- York, as the ‘‘Anthony I. Lombardi Memorial Post ghanistan, and Guantanamo Bay, amended, adversely Office Building’’; Pages H6720–21 (H. Rept. 108–658); H.R. 4496, to amend the Carl D. Perkins Voca- General William Carey Lee Post Office Build- tional and Technical Education Act of 1998 to ing Designation Act: H.R. 4556, to designate the strengthen and improve programs under that Act, facility of the United States Postal Service located at amended (H. Rept. 108–659); 1115 South Clinton Avenue in Dunn, North Caro- H.R. 4518, to extend the statutory license for sec- lina, as the ‘‘General William Carey Lee Post Office ondary transmissions under section 119 of title 17, Building’’, by a 2⁄3 yea-and-nay vote of 380 yeas United States Code, amended (H. Rept. 108–660); with none voting ‘‘nay’’ and one voting ‘‘present’’, H. Res. 754, providing for consideration of H.R. Roll No. 423; Pages H6721–22, H6725–26 5006, making appropriations for the Departments of Reauthorizing the Tropical Forest Conservation Labor, Health and Human Services, and Education, Act of 1998 through FY07: H.R. 4654, to reauthor- and related agencies for the fiscal year ending Sep- ize the Tropical Forest Conservation Act of 1998 tember 30, 2005 (H. Rept. 108–661); and through fiscal year 2007; and Pages H6722–24 H.R. 3551, to authorize appropriations to the De- partment of Transportation for surface transportation Emergency Supplemental Appropriations for research and development, amended (H. Rept. Disaster Relief Act: H.R. 5005, making emergency 108–662, Pt. 1). Pages H6754–55 supplemental appropriations for the fiscal year ending September 30, 2004, for additional disaster as- Resignation from the Democratic Caucus: Read a sistance. Pages H6726–31 letter from Representative Menendez wherein he announced that Representative Alexander had resigned Recess: The House recessed at 3:13 p.m. and recon- from the Democratic Caucus. Page H6710 vened at 6:30 p.m. Page H6724 Committee Election Vacated: Read a letter from Tax Relief, Simplification, and Equity Act of the Speaker wherein he announced that Representa- 2003—Motion to Instruct Conferees: Representa- tive Alexander’s election to the Committee on Agri- tive Hill announced his intention to offer a motion culture had been vacated effective August 9, 2004. to instruct conferees on H.R. 1308, to amend the Page H6710 Internal Revenue Code of 1986 to accelerate the in- Committee Election Vacated: Read a letter from crease in the refundability of the child tax credit. the Speaker wherein he announced that Representa- Page H6726 tive Alexander’s election to the Committee on Presidential Message: Read a message from the Armed Services had been vacated effective August 9, President wherein he transmits a copy of a Proclama- 2004. Page H6710 tion he has issued entitled, ‘‘To Modify the General- Suspensions: The House agreed to suspend the rules ized System of Preferences and for Other Purposes’— and pass the following measures: referred to the Committee on Ways and Means and ordered printed (H. Doc. 108–211). Page H6738 Guardians of Freedom Memorial Post Office Building Designation Act: H.R. 4442, to designate Senate Messages: Messages received from the Senate the facility of the United States Postal Service lo- today appear on pages H6709 and H6739. cated at 1050 North Hills Boulevard in Reno, Ne- Senate Referrals: S. 2682 was referred to the Com- vada, as the ‘‘Guardians of Freedom Memorial Post mittee on Government Reform; S. Con. Res. 109 Office Building’’ and to authorize the installation of was referred to the Committee on International Rela- a plaque at such site; Pages H6717–19 tions; S. Con. Res. 135 and S.J. Res. 41 were re- Harvey and Bernice Jones Post Office Building ferred to the Committee on House Administration; Designation Act: H.R. 4381, to designate the facil- S. 720, S. 2501, S. 2640, S. Con. Res. 81, S. Con. ity of the United States Postal Service located at Res. 106, S. Con. Res. 112, S. Con. Res. 126, and 2811 Springdale Avenue in Springdale, Arkansas, as S. Con. Res. 133 were held at the desk. Page H6751 the ‘‘Harvey and Bernice Jones Post Office Build- Amendments: Amendments ordered printed pursuing’’, by a 2⁄3 yea-and-nay vote of 382 yeas with ant to the rule appear on page H6757.

VerDate Aug 04 2004 06:17 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE4.REC D07SE4 D846 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 2004 Adjournment: The House met at 2 p.m. and ad- ‘‘TOO MANY SECRETS, journed at 10:58 p.m. OVERCLASSIFICATION AS A BARRIER TO CRITICAL INFORMATION SHARING’’ Committee Meetings Committee on Government Reform: On August 24, the 9/11 COMMISSION RECOMMENDATIONS— Subcommittee on National Security Emerging DEPARTMENT OF DEFENSE IMPLICATIONS Threats and International Relations held a hearing entitled ‘‘Too Many Secrets, Overclassification as a Committee on Armed Services: On August 11, the Com- Barrier to Critical Information Sharing.’’ Testimony mittee held a hearing on the implications of the rec- was heard from William Leonard, Director, Informa- ommendations of the 9/11 Commission on the De- tion Security Oversight Office, National Archives partment of Defense. Testimony was heard from the and Records Administration; Carol Haave, Office of following officials of the Department of Defense: Ste- the Under Secretary for Intelligence, Department of phen A. Cambone, Under Secretary, Intelligence; Defense; and public witnesses. VADM Lowell E. Jacoby, USN, Director, DIA; and MG Raymond T. Odierno, USA, former Com- ‘‘THE 9/11 COMMISSION mander, Fourth Infantry Division; the following RECOMMENDATIONS ON PUBLIC former officials of the Department of Defense: LTG DIPLOMACY: DEFENDING IDEALS AND William E. Odom, USA (Ret.), Director, NSA; and DEFINING THE MESSAGE’’ John J. Hamre, Deputy Secretary; and Lowell Wood, Committee on Government Reform: On August 23, the Senior Scientist, Lawrence Livermore National Lab- Subcommittee on National Security, Emerging oratory. Threats and International Relations held a hearing 9/11 COMMISSION REPORT entitled ‘‘The 9/11 Commission Recommendations on Public Diplomacy: Defending Ideals and Defin- Committee on Armed Services: On August 10, the Com- ing the Message.’’ Testimony was heard from the fol- mittee held a hearing on the final report of the Na- lowing officials of the National Commission on Ter- tional Commission Terrorist Attacks Upon the rorist Attacks Upon the United States: Thomas H. United States. Testimony was heard from the fol- Kean, Chairman; and Jamie S. Gorelick, Commis- lowing officials of the 9/11 Commission: Thomas H. sioner; the following officials of the Department of Kean, Chairman; and Lee H. Hamilton, Vice Chair- State; Patricia de Stacy Harrison, Acting Under Sec- man. retary, Public Diplomacy and Public Affairs; Charles DENYING TERRORISTS SANCTUARIES Evers III, Commissioner, Advisory Commission on Public Diplomacy; and Kenneth Y. Tomlinson, Committee on Armed Services: On August 10, the Com- Chairman, Broadcasting Board of Governors, USIA; mittee also held a hearing on Denying Terrorist Jess T. Ford, Director, International Affairs and Sanctuaries: Policy and Operational Implications for Trade, GAO; Charlotte Beers, former Under Sec- the U.S. Military. Testimony was heard from the fol- retary, Public Diplomacy and Public Affairs, Depart- lowing officials of the Department of Defense: Paul ment of State; and public witnesses. D. Wolfowitz, Deputy Secretary; GEN Peter Pace, USMC, Vice Chairman, Joint Chiefs of Staff; and REVIEW 9/11 COMMISSION’S GEN Bryan D. Brown, USA, Commander, U.S. Spe- RECOMMENDATIONS cial Operations Command. Committee on Government Reform: On August 3, the ‘‘THE 9/11 COMMISSION REPORT: Committee held a hearing entitled ‘‘Need to Know’’ IDENTIFYING AND PREVENTING to ‘‘Need to Share:’’ A Review of the 9/11 Commis- TERRORIST FINANCING’’ sion’s Recommendations.’’ Testimony was heard from the following Commissioners of the National Committee on Financial Services: On August 23, the Commission on Terrorist Attacks on the United Committee held a hearing entitled ‘‘The 9/11 Com- States: Bob Kerrey; and John F. Lehman; David M. mission Report: Identifying and Preventing Terrorist Walker, Comptroller General, GAO; the following Financing.’’ Testimony was heard from Lee H. Ham- family members of victims of September 11, 2001: ilton, Vice Chairman, National Commission on Ter- Beverly Eckert; Sally Regenhard; and Robin Wiener; rorist Attacks Upon the United States; Stuart A. and public witnesses. Levey, Under Secretary, Office of Terrorism and Fi- nancial Intelligence, Department of the Treasury; 9/11 COMMISSION RECOMMENDATIONS Frank Libutti, Under Secretary, Information Analysis FOR U.S. DIPLOMACY and Infrastructure Protection, Department of Home- Committee on International Relations: On August 24, land Security; and Barry Sabin, Chief, the Committee held a hearing on 9/11 Commission Counterterrorism Section, Department of Justice. Recommendations for U.S. Diplomacy. Testimony

VerDate Aug 04 2004 06:17 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE4.REC D07SE4 September 7, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D847 was heard from the following officials of the 9/11 Hands of the Government Post-September 11, 2001; Commission: Thomas H. Kean, Chairman; and Lee Recommendations of the 9/11 Commission and the H. Hamilton, Vice Chairman. U.S. Department of Defense Technology and Privacy DIPLOMACY IN THE AGE OF TERRORISM: Advisory Committee. Testimony was heard from the WHAT IS THE STATE DEPARTMENT’S following officials of the National Commission on STRATEGY? Terrorist Attacks Upon the United States: Lee H. Hamilton, Vice Chairman; and Slade Gorton, Com- Committee on International Relations: On August 19, missioner; John O. Marsh, Jr., member, Technology the Committee held a hearing on Diplomacy in the and Privacy Advisory Committee, Department of Age of Terrorism: What is the State Department’s Defense; and Nuala O’Connor Kelly, Chief Privacy Strategy? Testimony was heard from the following Officer, Department of Homeland Security. officials of the National Commission on Terrorist Attacks Upon the United States: Christopher A. OVERSIGHT—REGULATORY ASPECTS OF Kojm, Deputy Executive Director; and Susan Gins- VOICE OVER THE INTERNET PROTOCOL burg, Senior Counsel and Team Leader for Border Committee on the Judiciary: On July 23, the Sub- Security and Foreign Visitors; and the following offi- committee on Commercial and Administrative Law cials of the Department of State: Patricia de Stacy held an oversight hearing on Regulatory Aspects of Harrison, Acting Under Secretary, Public Diplomacy Voice Over the Internet Protocol (VoIP). Testimony and Public Affairs and Assistant Secretary, Bureau of has heard from Robert Pepper, Chief, Policy Devel- Educational and Cultural Affairs; Ambassador J. opment, Office of Strategic Planning and Policy Cofer Black, Coordinator, Counterterrorism; Francis Analysis, FCC; Stephen M. Cordi, Deputy Comp- X. Taylor, Assistant Secretary, Bureau of Diplomatic troller of the Treasury, State of Maryland; and public Security and Director, Office of Foreign Missions; witnesses. Maura Harty, Assistant Secretary, Bureau of Consular Affairs; Earl Anthony Wayne, Assistant Secretary, DEPARTMENTS OF LABOR, HEALTH AND Bureau of Economic and Business Affairs; Christina HUMAN SERVICES, AND EDUCATION, AND B. Rocca, Assistant Secretary, Bureau of South Asian RELATED AGENCIES APPROPRIATIONS Affairs; Carol Rodley, Principal Deputy Assistant FISCAL YEAR 2005 Secretary, Bureau of Intelligence and Research; James Committee on Rules: Granted, by voice vote, an open W. Swigert, Principal Deputy Assistant Secretary, rule providing one hour of general debate on H.R. Bureau of International Organization Affairs; and 5006, making appropriations for the Departments of David M. Satterfield, Deputy Assistant Secretary, Labor, Health and Human Services, and Education, Bureau of Near Eastern Affairs. and related agencies for the fiscal year ending Sep- OVERSIGHT—RECOMMENDATIONS OF THE tember 30, 2005, and for other purposes, equally di- 9/11 COMMISSION vided and controlled by the chairman and ranking Committee on the Judiciary: On August 23, the Sub- minority member of the Committee on Appropria- committee on Crime, Terrorism, and Homeland Se- tions. The rule waives all points of order against curity held an oversight hearing on the Rec- consideration of the bill. Under the rules of the ommendations of the 9/11 Commission. Testimony House the bill shall be read for amendment by para- was heard from Christopher A. Kojm, Deputy Exec- graph. The rule waives points of order against provi- utive Director, National Commission on Terrorist sions in the bill for failure to comply with clause 2 Attacks Upon the United States; John S. Pistole, Ex- of rule XXI (prohibiting unauthorized appropriations ecutive Assistant Director, Counterterrorism and or legislative provisions in an appropriations bill), Counterintelligence, FBI, Department of Justice; except as specified in the resolution. The rule au- John O. Brennan, Director, Terrorist Threat Integra- thorizes the Chair to accord priority in recognition tion Center; and a public witness. to Members who have pre-printed their amendments in the Congressional Record. Finally, the rule pro- OVERSIGHT—PRIVACY AND CIVIL vides one motion to recommit with or without in- LIBERTIES POST 9/11: RECOMMENDATIONS structions. Testimony was heard from Representa- OF THE COMMISSION AND THE DOD tives Wamp, LoBiondo, and Lowey. TECHNOLOGY AND PRIVACY ADVISORY COMMITTEE 9/11 COMMISSION REPORT: AVIATION Committee on the Judiciary: On August 20, the Sub- SECURITY RECOMMENDATIONS committee on Commercial and Administrative Law Committee on Transportation and Infrastructure: On Au- and the Subcommittee on the Constitution held a gust 25, the Subcommittee on Aviation held an joint hearing on Privacy and Civil Liberties in the oversight hearing on the 9/11 Commission Report:

VerDate Aug 04 2004 06:17 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE4.REC D07SE4 D848 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 2004 Review of Aviation Security Recommendations. Tes- and John S. Pistiole, Executive Assistant Director, timony was heard from John F. Lehman, Commis- Counterterrorism and Counterintelligence, FBI, De- sioner, National Commission on Terrorist Attacks partment of Justice. Upon the United States; David M. Stone, Adminis- 9/11 COMMISSION RECOMMENDATIONS: trator, Transportation Security Administration, De- SUFFICIENCY OF TIME, ATTENTION, AND partment of Homeland Security; and public wit- LEGAL AUTHORITY nesses. Permanent Select Committee on Intelligence: On August 9/11 COMMISSION REPORT AND MARITIME 11, the Committee held a hearing on 9/11 Commis- TRANSPORTATION SECURITY sion Recommendations: Sufficiency of Time, Atten- Committee on Transportation and Infrastructure: On Au- tion, and Legal Authority. Testimony was heard gust 25, the Subcommittee on Coast Guard and from the following officials of the 9/11 Commission: Maritime Transportation held an oversight hearing Thomas H. Kean, Chairman; and Lee H. Hamilton, on the 9/11 Commission Report and Maritime Vice Chairman; the former officials of the Depart- Transportation Security. Testimony was heard from ment of Justice: Larry D. Thompson, Deputy Attor- the following Commissioners of the National Com- ney General; and Edwin Meese III, Attorney Gen- mission on Terrorist Attacks Upon the United eral; and former Speaker of the House of Representa- States: John F. Lehman; and Jamie S. Gorelick; tives Newt Gingrich of Georgia. RADM Larry Hereth, USCG, Director of Port Secu- 9/11 COMMISSION RECOMMENDATIONS: rity, U.S. Coast Guard, Department of Homeland COUNTERTERRORISM ANALYSIS AND Security; and a public witness. COLLECTION THREE YEARS AFTER 9/11: VA’S ROLE IN Permanent Select Committee on Intelligence: On August HOMELAND SECURITY AND MEDICAL 4, the Committee held a hearing on 9/11 Rec- PREPAREDNESS ommendations: Counterterrorism Analysis and Col- Committee on Veterans’ Affairs: On August 26, the lection—The Requirement for Imagination and Cre- Committee held a hearing on Three Years After ativity. Testimony was heard from the following offi- 9/11: Is the Nation Medically Prepared? What cials of the CIA: Jamie A. Miscik, Deputy Director Should Be VA’s Role in Preventing and Responding of Intelligence; Charles Allen, Assistant Director of to National Medical Emergencies and Terrorist At- Central Intelligence for Collection; and Mark tacks? Testimony was heard from the following offi- Lowenthal, Assistant Director, Analysis and Produc- cials of the Department of Veterans Affairs: Gordon tion; Maureen Baginski, Executive Assistant Direc- H. Mansfield, Deputy Secretary, Department of Vet- tor, Office of Intelligence, FBI, Department of Jus- erans Affairs; and Karl Y. Hostetler, M.D., San tice; Ambassador J. Cofer Black, Coordinator, Diego Healthcare System; MG Lester Martinez- Counterterrorism, Department of State; the following Lopez, USA, Commanding General, U.S. Army Med- former officials of the Department of Defense: John ical Research and Materiel Command at Fort J. Hamre, Deputy Secretary; and GEN William E. Detrick, Department of Defense; Stewart Simonson, Odom, USA (Ret.), Director, NSA; and public wit- Assistant Secretary, Public Health Emergency Pre- nesses. paredness, Department of Health and Human Serv- ‘‘9/11 COMMISSION: TOWARDS A ices; and public witnesses. PARADIGM FOR HOMELAND SECURITY 9/11 COMMISSION RECOMMENDATIONS: INFORMATION SHARING’’ INTELLIGENCE COMMUNITY Select Committee on Homeland Security: On August 17, OPERATIONAL CONSIDERATIONS the Committee held a hearing entitled ‘‘9/11 Com- Permanent Select Committee on Intelligence: On August mission: Towards a Paradigm for Homeland Security 18, the Committee met in executive session to hold Information Sharing.’’ Testimony was heard from the a hearing on 9/11 Commission Recommendations: following officials of the National Commission on Intelligence Community Operational Considerations. Terrorist Attacks Upon the United States: Thomas Testimony was heard from John E. McLaughlin, H. Kean, Chairman; and Lee H. Hamilton, Vice Acting Director, CIA; the following officials of the Chairman; Ambassador J. Cofer Black, Coordinator, Department of Defense: Stephen A. Cambone, Under Counterterrorism, Department of State; Patrick Secretary, Intelligence; LTG Michael V. Hayden, Hughes, Assistant Secretary, Information Analysis, USAF, Director, NSA; and VADM Lowell E. Jacoby, Department of Homeland Security; John Brennan, USN, Director, DIA; Peter Teets, Director, National Director, Terrorist Threat Integration Center; and Reconnaissance Office; LTG James Clapper, USA, Maureen Baginski, Executive Assistant Director, In- Director, National Geospatial-Intelligence Agency; telligence, FBI, Department of Justice.

VerDate Aug 04 2004 06:17 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE4.REC D07SE4 September 7, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D849 NEW PRIVATE LAW H.R. 2768, to require the Secretary of the Treas- S. 103, for the relief of Lindita Idrizi Heath. ury to mint coins in commemoration of Chief Justice Signed on July 22, 2004. (Private Law 108–1) John Marshall. Signed on August 6, 2004. (Public Law 108–290) f H.R. 3277, to require the Secretary of the Treas- NEW PUBLIC LAWS ury to mint coins in commemoration of the 230th Anniversary of the United States Marine Corps, and (For last listing of Public Laws, see DAILY DIGEST, p. D836) to support construction of the Marine Corps Herit- H.R. 3846, to authorize the Secretary of Agri- age Center. Signed on August 6, 2004. (Public Law culture and the Secretary of the Interior to enter into 108–291) an agreement or contract with Indian tribes meeting H.R. 4380, to designate the facility of the United certain criteria to carry out projects to protect Indian States Postal Service located at 4737 Mile Stretch forest land. Signed on July 22, 2004. (Public Law 108–278) Drive in Holiday, Florida, as the ‘‘Sergeant First S. 1167, to resolve boundary conflicts in Barry Class Paul Ray Smith Post Office Building’’. Signed and Stone Counties in the State of Missouri. Signed on August 6, 2004. (Public Law 108–292) on July 22, 2004. (Public Law 108–279) H.R. 2443, to authorize appropriations for fiscal H.R. 4916, to provide an extension of highway, years 2004 and 2005 for the United States Coast highway safety, motor carrier safety, transit, and Guard. Signed on August 9, 2004. (Public Law other programs funded out of the Highway Trust 108–293) Fund pending enactment of a law reauthorizing the H.R. 3340, to redesignate the facilities of the Transportation Equity Act for the 21st Century. United States Postal Service located at 7715 and Signed on July 30, 2004. (Public Law 108–280) 7748 S. Cottage Grove Avenue in Chicago, Illinois, H.R. 1303, to amend the E-Government Act of as the ‘‘James E. Worsham Post Office’’ and the 2002 with respect to rulemaking authority of the ‘‘James E. Worsham Carrier Annex Building’’, re- Judicial Conference. Signed on August 2, 2004. spectively. Signed on August 9, 2004. (Public Law (Public Law 108–281) 108–294) S. 741, to amend the Federal Food, Drug, and H.R. 3463, to amend titles III and IV of the So- Cosmetic Act with regard to new animal drugs. cial Security Act to improve the administration of Signed on August 2, 2004. (Public Law 108–282) unemployment taxes and benefits. Signed on August S. 2264, to require a report on the conflict in 9, 2004. (Public Law 108–295) Uganda. Signed on August 2, 2004. (Public Law H.R. 4222, to designate the facility of the United 108–283) States Postal Service located at 550 Nebraska Avenue S.J. Res. 38, providing for the appointment of Eli in Kansas City, Kansas, as the ‘‘Newell George Post Broad as a citizen regent of the Board of Regents of Office Building’’. Signed on August 9, 2004. (Public the Smithsonian Institution. Signed on August 2, Law 108–296) 2004. (Public Law 108–284) H.R. 4226, to amend title 49, United States H.R. 4363, to facilitate self-help housing home- Code, to make certain conforming changes to provi- ownership opportunities. Signed on August 2, 2004. sions governing the registration of aircraft and the (Public Law 108–285) recordation of instruments in order to implement the H.R. 4759, to implement the United States-Aus- tralia Free Trade Agreement. Signed on August 3, Convention on International Interests in Mobile 2004. (Public Law 108–286) Equipment and the Protocol to the Convention on H.R. 4613, making appropriations for the Depart- International Interests in Mobile Equipment on Mat- ment of Defense for the fiscal year ending September ters Specific to Aircraft Equipment, known as the 30, 2005. Signed on August 5, 2004. (Public Law ‘‘Cape Town Treaty’’. Signed on August 9, 2004. 108–287) (Public Law 108–297) H.R. 1572, to designate the United States Court- H.R. 4327, to designate the facility of the United house located at 100 North Palafox Street in Pensa- States Postal Service located at 7450 Natural Bridge cola, Florida, as the ‘‘Winston E. Arnow United Road in St. Louis, Missouri, as the ‘‘Vitilas ‘Veto’ States Courthouse’’. Signed on August 6, 2004. Reid Post Office Building’’. Signed on August 9, (Public Law 108–288) 2004. (Public Law 108–298) H.R. 1914, to provide for the issuance of a coin H.R. 4417, to modify certain deadlines pertaining to commemorate the 400th anniversary of the James- to machine-readable, tamper-resistant entry and exit town settlement. Signed on August 6, 2004. (Public documents. Signed on August 9, 2004. (Public Law Law 108–289) 108–299)

VerDate Aug 04 2004 06:17 Sep 08, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE4.REC D07SE4 D850 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 2004 H.R. 4427, to designate the facility of the United (posthumously) and his widow Coretta Scott King in rec- States Postal Service located at 73 South Euclid Ave- ognition of their contributions to the Nation on behalf nue in Montauk, New York, as the ‘‘Perry B. of the civil rights movement; to be followed by a hearing Duryea, Jr. Post Office’’. Signed on August 9, 2004. to examine the impact of the Sarbanes-Oxley Act and de- (Public Law 108–300) velopments concerning international convergence, 2 p.m., S. 2712, to preserve the ability of the Federal SD–538. Committee on Commerce, Science, and Transportation: Sep- Housing Administration to insure mortgages under tember 8, to hold hearings to examine NASA’s space sections 238 and 519 of the National Housing Act. shuttle program, 10 a.m., SR–253. Signed on August 9, 2004. (Public Law 108–301) September 8, Full Committee, to hold hearings to ex- H.R. 4842, to implement the United States-Mo- amine spectrum for public safety users, 2:30 p.m., rocco Free Trade Agreement. Signed on August 17, SR–253. 2004. (Public Law 108–302) Committee on Foreign Relations: September 9, to hold f hearings to examine the current situation in Sudan and prospects for peace, 9:30 a.m., SD–G50. CONGRESSIONAL PROGRAM AHEAD Committee on Governmental Affairs: September 8, to hold Week of September 8 through September 11, hearings to examine building an agile intelligence com- 2004 munity to fight terrorism and emerging threats, 10:30 a.m., SD–342. Senate Chamber Committee on the Judiciary: September 8, to hold hearings to examine the nominations of Susan Bieke Neilson, On Wednesday, at 11:30 a.m., Senate will begin consid- of Michigan, to be United States Circuit Judge for the eration of H.R. 4567, Homeland Security Appropriations. Sixth Circuit, Micaela Alvarez, to be United States Dis- During the balance of the week Senate will continue trict Judge for the Southern District of Texas, Keith consideration of the Homeland Security Appropriations Starrett, to be United States District Judge for the South- and any other cleared legislative and executive business, ern District of Mississippi, and Raymond L. Finch, to be including other appropriation bills, when available. Judge for the District Court of the Virgin Islands, 10 Senate Committees a.m., SD–226. September 9, Full Committee, business meeting to (Committee meetings are open unless otherwise indicated) consider S. 1635, to amend the Immigration and Nation- Committee on Appropriations: September 8, Subcommittee ality Act to ensure the integrity of the L–1 visa for on Agriculture, Rural Development, and Related Agen- intracompany transferees; S. 1700, to eliminate the sub- cies, business meeting to markup proposed legislation, stantial backlog of DNA samples collected from crime making appropriations for Agriculture, Rural Develop- scenes and convicted offenders, to improve and expand ment, Food and Drug Administration, and Related Agen- the DNA testing capacity of Federal, State, and local cies programs for the fiscal year ending September 30, crime laboratories, to increase research and development 2005, 9:30 a.m., SD–192. of new DNA testing technologies, to develop new train- September 8, Subcommittee on Energy and Water De- ing programs regarding the collection and use of DNA velopment, business meeting to markup proposed legisla- evidence, to provide post-conviction testing of DNA evi- tion, making appropriations for energy and water devel- dence to exonerate the innocent, to improve the perform- opment for the fiscal year ending September 30, 2005, ance of counsel in State capital cases; S. 2396, to make 10:30 a.m., SD–124. improvements in the operations and administration of the September 9, Subcommittee on Transportation, Treas- Federal courts; H.R.1417, to amend title 17, United ury and General Government, business meeting to mark- States Code, to replace copyright arbitration royalty pan- up proposed legislation, making appropriations for the els with Copyright Royalty Judges; S. 2204, to provide Departments of Transportation and Treasury, the Execu- criminal penalties for false information and hoaxes relat- tive Office of the President, and certain independent ing to terrorism; S. 1860, to reauthorize the Office of agencies for the fiscal year ending September 30, 2005, National Drug Control Policy; S. 2195, to amend the 10 a.m., SD–116. Controlled Substances Act to clarify the definition of ana- Committee on Armed Services: September 9, to hold hear- bolic steroids and to provide for research and education ings to examine the investigation of the 205th Military activities relating to steroids and steroid precursors; S.J. Intelligence Brigade at Abu Ghraib Prison, Iraq, 9:30 Res. 23, proposing an amendment to the Constitution of a.m., SH–216. the United States providing for the event that one-fourth September 9, Full Committee, to hold hearings to ex- of the members of either the House of Representatives or amine the report of the Independent Panel to Review De- the Senate are killed or incapacitated; proposed legislation partment of Defense Detention Operations, 2:30 p.m., authorizing funds for the Department of Justice; and the SH–216. nominations of Claude A. Allen, of Virginia, to be Committee on Banking, Housing, and Urban Affairs: Sep- United States Circuit Judge for the Fourth Circuit, David tember 9, business meeting to consider S. 1368, to au- E. Nahmias, to be United States Attorney for the North- thorize the President to award a gold medal on behalf of ern District of Georgia, and William Sanchez, of Florida, the Congress to Reverend Doctor Martin Luther King, Jr. to be Special Counsel for Immigration-Related Unfair

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Employment Practices, both of the Department of Justice, September 8, Subcommittee on National Security, Ricardo H. Hinojosa, of Texas, to be Chair of the United Emerging Threats and International Relations, hearing States Sentencing Commission, and Michael O’Neill, of entitled ‘‘Assessing September 11th Health Care Effects,’’ Maryland, and Ruben Castillo, of Illinois, each to be a 10 a.m., 2247 Rayburn. Member of the United States Sentencing Commission, September 8, Subcommittee on Technology, Informa- 9:30 a.m., SD–226. tion Policy, Intergovernmental Relations and the Census, hearing entitled ‘‘Project SAFECOM: More Time. More House Chamber Money. More Communication? What Progress Have We Program to be announced. Made in Achieving Interoperable Communication Be- tween Local, State, and Federal First Responders?’’ 2 House Committees p.m., 2154 Rayburn. September 9, full Committee, hearing entitled ‘‘Cre- Committee on Armed Services, September 8, hearing on ating Secure Borders and Open Doors: A Review of DHS- the performance of U.S. military servicemembers in Iraq State Collaboration on U.S. Visa Policy,’’ 10 a.m., 2154 and Afghanistan, 10 a.m., 2118 Rayburn. Rayburn. September 9, hearing on the Final Report of the Inde- Committee on the Judiciary, September 8 and 9, to mark pendent Panel to Review Department of Defense Deten- up the following bills: H.R. 4571, Lawsuit Abuse Reduc- tion Operations, 9:30 a.m., 2118 Rayburn. tion Act of 2004; H.R. 1787, Good Samaritan Volunteer September 9, hearing on the investigation of military Firefighter Assistance Act of 2003; H.R. 1084, Volunteer intelligence activities at Abu Ghraib prison facility, 2 Pilot Organization Protection Act; H.R. 3369, Nonprofit p.m., 2118 Rayburn. Athletic Organization Protection Act of 2003; H.R. Committee on the Budget, September 8, hearing on The 4661, Internet Spyware (I-SPY) Prevention Act of 2004; Economic Outlook and Current Fiscal Issues, 10:30 a.m., H.R. 4077, Piracy Deterrence and Education Act of 210 Cannon. 2004; H.R. 1775, To amend title 36, United States September 8, hearing on Update of the Budget and Code, to designate the oak tree as the national tree of the Economic Outlook, 2 p.m., 210 Cannon. United States; H.R. 4319, Title 46 Codification Act of Committee on Energy and Commerce, September 8, Sub- 2004; and S. 878, Bankruptcy Judgeship Act of 2003, 10 committee on Telecommunications and the Internet, a.m., 2141 Rayburn. hearing entitled ‘‘Law Enforcement Access to Commu- Committee on Resources, September 9, Subcommittee on nications Systems in a Digital Age,’’ 11 a.m., 2322 Ray- Energy and Mineral Resources, hearing on H.R. 4984, burn. Potash Royalty Reduction Act of 2004, 2 p.m., 1324 September 9, Subcommittee on Commerce, Trade and Longworth. Consumer Protection, hearing entitled ‘‘Examining Pro- September 9, Subcommittee on Water and Power, fessional Boxing: Are Further Reforms Needed?’’ 9:30 hearing on the following measures: H.R. 3834, Desalina- a.m., 2322 Rayburn. tion Energy Assistance Act of 2004; H.R. 4775, To September 9, Subcommittee on Oversight and Inves- amend the Reclamation Wastewater and Groundwater tigations, hearing entitled ‘‘Publication and Disclosure Study and Facilities Act to authorize the Secretary of the Issues in Anti-Depressant Pediatric Clinical Trials,’’ 11 Interior to participate in the El Paso, Texas, water rec- a.m., 2123 Rayburn. lamation, reuse, and desalinization project; H.R. 4893, Committee on Financial Services, September 8, hearing en- To authorize additional appropriations for the Reclama- titled ‘‘Protecting our Financial Infrastructure: Prepara- tion Safety of Dams Act of 1978; and the Bureau of Rec- tion and Vigilance,’’ 10 a.m., 2128 Rayburn. lamation Contract Renewal, 10 a.m., 1324 Longworth. September 9, Subcommittee on Capital Markets, Insur- Committee on Transportation and Infrastructure, September ance, and Government Sponsored Enterprises, hearing en- 9, Subcommittee on Aviation, oversight hearing on Delay titled ‘‘G.I. Finances: Protecting Those Who Protect Us,’’ Reduction Efforts at Chicago’s O’Hare Airport, 10 a.m., 10 a.m., 2128 Rayburn 2167 Rayburn. Committee on Government Reform, September 8, Sub- Permanent Select Committee on Intelligence, September 8, committee on Human Rights and Wellness, hearing enti- executive, Briefing on Fay Report, 2 p.m., H–405 Cap- tled ‘‘Truth Revealed: New Scientific Discoveries Regard- itol. ing Mercury in Medicine and Autism,’’ 10 a.m., 2154 September 9, executive, Briefing on Terrorism Update, Rayburn. 10:30 a.m., H–405 Capitol.

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Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED EIGHTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 20 through July 31, 2004 January 20 through July 31, 2004 Senate House Total Civilian nominations, totaling 439, (including 195 nominations car- Days in session ...... 98 82 . . ried over from the First Session), disposed of as follows: ′ ′ Time in session ...... 750 hrs., 59 651 hrs., 31 .. Confirmed ...... 146 Congressional Record: Unconfirmed ...... 274 Pages of proceedings ...... 8,809 6,708 . . Withdrawn ...... 16 Extensions of Remarks ...... 1,519 . . Returned to White House ...... 3 Public bills enacted into law ...... 21 61 82 Private bills enacted into law ...... 1 . . 1 Other Civilian nominations, totaling 2,765 (including 5 nominations carried over from the First Session), disposed of as follows: Bills in conference ...... 4 13 . . Measures passed, total ...... 313 429 742 Confirmed ...... 1,436 Senate bills ...... 70 26 . . Unconfirmed ...... 1,328 House bills ...... 83 190 . . Withdrawn ...... 1 Senate joint resolutions ...... 5 2 . . Air Force nominations, totaling 8,090 (including 3,572 nominations House joint resolutions ...... 1 4 . . carried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... 28 9 . . Confirmed ...... 5,536 House concurrent resolutions ...... 26 58 . . Unconfirmed ...... 2,554 Simple resolutions ...... 100 140 . . Measures reported, total ...... 187 223 410 Army nominations, totaling 2,124 (including 594 nominations carried Senate bills ...... 116 7 . . over from the First Session), disposed of as follows: House bills ...... 46 145 . . Confirmed ...... 2,092 Senate joint resolutions ...... 5 . . . . Unconfirmed ...... 32 House joint resolutions ...... 1 . . Senate concurrent resolutions ...... 5 . . . . Navy nominations, totaling 6,829 (including 2,444 nominations car- House concurrent resolutions ...... 2 6 . . ried over from the First Session), disposed of as follows: Simple resolutions ...... 13 64 . . Confirmed ...... 6,783 Special reports ...... 2 3 . . Unconfirmed ...... 46 Conference reports ...... 1 4 . . Marine Corps nominations, totaling 1,224 (including 2 nominations Measures pending on calendar ...... 287 124 . . carried over from the First Session) disposed of as follows: Measures introduced, total ...... 969 1,727 2,696 Bills ...... 769 1,304 .. Confirmed ...... 1,220 Joint resolutions ...... 15 18 . . Unconfirmed ...... 4 Concurrent resolutions ...... 49 137 . . Summary Simple resolutions ...... 136 268 . . Quorum calls ...... 1 . . Total nominations carried over from the First Session ...... 6,812 Yea-and-nay votes ...... 163 244 . . Total nominations received this Session ...... 14,659 Recorded votes ...... 176 . . Total confirmed ...... 17,213 Bills vetoed ...... Total unconfirmed ...... 4,238 Vetoes overridden ...... Total withdrawn ...... 17 Total returned to the White House ...... 3

* These figures include all measures reported, even if there was no accompanying report. A total of 91 reports have been filed in the Senate, a total of 230 reports have been filed in the House.

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Re´sume´ of Congressional Activity

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 20 through August 31, 2004 January 20 through August 31, 2004 Senate House Total Civilian nominations, totaling 439, (including 195 nominations car- Days in session ...... 98 82 . . ried over from the First Session), disposed of as follows: ′ ′ Time in session ...... 750 hrs., 59 651 hrs., 31 .. Confirmed ...... 146 Congressional Record: Unconfirmed ...... 274 Pages of proceedings ...... 8,809 6,708 . . Withdrawn ...... 16 Extensions of Remarks ...... 1,519 . . Returned to White House ...... 3 Public bills enacted into law ...... 25 79 104 Private bills enacted into law ...... 1 . . 1 Other Civilian nominations, totaling 2,765 (including 5 nominations carried over from the First Session), disposed of as follows: Bills in conference ...... 4 13 . . Measures passed, total ...... 313 429 742 Confirmed ...... 1,436 Senate bills ...... 70 26 . . Unconfirmed ...... 1,328 House bills ...... 83 190 . . Withdrawn ...... 1 Senate joint resolutions ...... 5 2 . . Air Force nominations, totaling 8,090 (including 3,572 nominations House joint resolutions ...... 1 3 . . carried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... 28 9 . . Confirmed ...... 5,536 House concurrent resolutions ...... 26 58 . . Unconfirmed ...... 2,554 Simple resolutions ...... 100 140 . . Measures reported, total ...... 207 223 430 Army nominations, totaling 2,124 (including 594 nominations carried Senate bills ...... 131 7 . . over from the First Session), disposed of as follows: House bills ...... 51 145 . . Confirmed ...... 2,092 Senate joint resolutions ...... 5 . . . . Unconfirmed ...... 32 House joint resolutions ...... 1 . . Senate concurrent resolutions ...... 5 . . . . Navy nominations, totaling 6,829 (including 2,444 nominations car- House concurrent resolutions ...... 2 6 . . ried over from the First Session), disposed of as follows: Simple resolutions ...... 13 64 . . Confirmed ...... 6,783 Special reports ...... 2 3 . . Unconfirmed ...... 46 Conference reports ...... 1 4 . . Marine Corps nominations, totaling 1,224 (including 2 nominations Measures pending on calendar ...... 287 124 . . carried over from the First Session) disposed of as follows: Measures introduced, total ...... 969 1,727 2,696 Bills ...... 769 1,304 .. Confirmed ...... 1,220 Joint resolutions ...... 15 18 . . Unconfirmed ...... 4 Concurrent resolutions ...... 49 137 . . Summary Simple resolutions ...... 136 268 . . Quorum calls ...... 1 . . Total nominations carried over from the First Session ...... 6,812 Yea-and-nay votes ...... 163 244 . . Total nominations received this Session ...... 14,659 Recorded votes ...... 176 . . Total confirmed ...... 17,213 Bills vetoed ...... Total unconfirmed ...... 4,238 Vetoes overridden ...... Total withdrawn ...... 17 Total returned to the White House ...... 3

* These figures include all measures reported, even if there was no accompanying report. A total of 114 reports have been filed in the Senate, a total of 230 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Wednesday, September 8 10 a.m., Wednesday, September 8

Senate Chamber House Chamber Program for Wednesday: After the transaction of morn- Program for Wednesday: Consideration of Suspensions: ing business for statements only (not to extend beyond S. 2634, Garrett Lee Smith Memorial Act. 11:30 a.m.), Senate will begin consideration of H.R. Consideration of H.R. 5006, Department of Labor, 4567, Homeland Security Appropriations. HHS, and Education Appropriations Act for Fiscal Year (Senate will recess from 12:30 p.m. until 2:15 p.m for their 2005 (open rule, one hour of debate; begin consideration). respective party conferences.)

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