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

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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, THURSDAY, SEPTEMBER 30, 2004 No. 121 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces S. 2639. An act to reauthorize the Congres- called to order by the Speaker pro tem- to the House his approval thereof. sional Award Act. pore (Mr. MILLER of Florida). Pursuant to clause 1, rule I, the Jour- S. Con. Res. 110. Concurrent resolution ex- nal stands approved. pressing the sense of Congress in support of f the ongoing work of the Organization for Se- DESIGNATION OF THE SPEAKER f curity and Cooperation in Europe (OSCE) in PRO TEMPORE PLEDGE OF ALLEGIANCE combating anti-Semitism, racism, xeno- phobia, discrimination, intolerance, and re- The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the lated violence. gentleman from Wisconsin (Mr. KIND) fore the House the following commu- f nication from the Speaker: come forward and lead the House in the WELCOMING THE REVEREND WASHINGTON, DC, Pledge of Allegiance. September 30, 2004. Mr. KIND led the Pledge of Alle- WILLIAM ALVEY I hereby appoint the Honorable JEFF MIL- giance as follows: (Mr. LATOURETTE asked and was LER to act as Speaker pro tempore on this I pledge allegiance to the Flag of the given permission to address the House day. United States of America, and to the Repub- for 1 minute and to revise and extend J. DENNIS HASTERT, lic for which it stands, one nation under God, his remarks.) Speaker of the House of Representatives. indivisible, with liberty and justice for all. Mr. LATOURETTE. Mr. Speaker, the f f guest chaplain today is the Reverend PRAYER MESSAGE FROM THE SENATE William Alvey from the Park United The Reverend William G. Alvey, Pas- A message from the Senate by Mr. Methodist Church in Madison, Ohio. tor, Park United Methodist Church, Monahan, one of its clerks, announced His appearance here today started Madison, Ohio, offered the following that the Senate has passed without out last Memorial Day. He was giving prayer: amendment bills and a joint resolution the invocation at the J. Wilson VFW Our Most Gracious Heavenly Father, of the House of the following titles: Post on Memorial Day and indicated we ask Your blessings to rest upon H.R. 982. An act to clarify the tax treat- that he was thinking about retiring in these very special people who represent ment of bonds and other obligations issued the near future, and one of the things all the people of this great country. by the Government of American Samoa. that he would like to do was give the Help them not to just represent all the H.R. 4115. An act to amend the act of No- opening prayer at the House of Rep- people, but also be responsible to the vember 2, 1966 (80 Stat. 1112), to allow bind- resentatives. needs of all the people. ing arbitration clauses to be included in all I am honored to have known Rev- contracts affecting the land within the Salt erend Alvey for nearly a decade, I want As they diligently listen to and dis- River Pima-Maricopa Indian Reservation. cuss the proposals presented to them, H.R. 4259. An act to amend title 31, United to welcome him and 47 people who rode help them to discern Your will, not States Code, to improve the financial ac- up on a bus from Madison, Ohio, to be their will, in the decisions they are countability requirements applicable to the with Reverend Alvey today and who called upon to make. Department of Homeland Security, to estab- have joined us this morning. Reverend We are grateful for the freedoms that lish requirements for the Future Years Alvey is in his 41st year with the this country affords to us, that we may Homeland Security Program of the Depart- United Methodist Church, and has been ment, and for other purposes. at the Madison Park United Methodist participate in the governing of our- H.J. Res. 107. Joint resolution making con- selves and especially our future. tinuing appropriations for the fiscal year Church since 1995. Reverend Alvey is a With this great responsibility we ask 2005, and for other purposes. fixture in the Madison community, and that Your Spirit might give the Mem- The message also announced that the I want to thank him for his distin- bers of Congress guidance and leader- Senate has passed bills and a concur- guished service to the church and to ship in all their deliberations both rent resolution of the following titles our community, and it is my pleasure today and every day. in which the concurrence of the House to welcome him here this morning. These blessings we ask in Your name is requested: f which is above every name. Amen. S. 1601. An act to amend the Indian Child ANNOUNCEMENT BY THE SPEAKER f Protection and Family Violence Prevention PRO TEMPORE THE JOURNAL Act to provide for the reporting and reduction of child abuse and family violence The SPEAKER pro tempore. The The SPEAKER pro tempore. The incidences on Indian reservations, and for Chair will enterertain 10 one-minute Chair has examined the Journal of the other purposes. speeches per side.

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

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VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.000 H30PT1 H7866 CONGRESSIONAL RECORD — HOUSE September 30, 2004 HOPE IN IRAQ Mr. Speaker, the American people Today Libreria Martinez is one of the (Mr. SHIMKUS asked and was given need the truth about Iraq. The Amer- largest commercial sellers of Spanish- permission to address the House for 1 ican people can handle the truth; the language books in the Nation. Authors minute and to revise and extend his re- question is, can the President? and community members, both young marks.) f and old alike, have made this shop a Mr. SHIMKUS. Mr. Speaker, on Sep- home. MARRIAGE PROTECTION The MacArthur Fellowship has been tember 29, an article in the Centralia AMENDMENT Sentinel reads, ‘‘Former Centralia po- dubbed the ‘‘genius award’’ by some, (Mr. RYUN of Kansas asked and was liceman finds hope in Iraq.’’ and I can think of no one more deserv- given permission to address the House Joe Phoenix ended his 11-year career ing than Ruben. I thank him for his for 1 minute and to revise and extend in February to join 1,000 other law en- tireless work and his dedication in pro- his remarks.) forcement officers from the U.S. hired moting readings and education in my Mr. RYUN of Kansas. Mr. Speaker, by the Federal Government to train hometown. much has been said about the need to Iraqi police officers. In a brief visit f protect the definition of marriage for home he states about the Iraqi people, the future. While I wholeheartedly MARRIAGE PROTECTION ‘‘They are good people with good agree, I would like to offer a perspec- AMENDMENT hearts and they love working with tive from the past on the importance of (Mr. BARRETT of South Carolina Americans,’’ he said. ‘‘They consider it marriage in America. asked and was given permission to ad- such an honor that we come over here Alexis de Tocqueville perhaps pro- dress the House for 1 minute and to re- and that we leave home and work with vided the most comprehensive analysis vise and extend his remarks.) them. I have had nothing but coopera- of American society in the 1830s. He ob- Mr. BARRETT of South Carolina. tion from the people I am working served that there is certainly no coun- Mr. Speaker, this afternoon we will de- with.’’ try in the world where the tie of mar- bate and vote on the marriage protec- About the current challenges he riage is more respected than in Amer- tion amendment. Let us be clear, the states, ‘‘We are trying to get people ica. debate today is not about denying any- trained and fortified so they can stand In 1885 the United States Supreme one’s rights. This is about ensuring the their ground. We need to get the Iraqi Court added its opinion stating, ‘‘Cer- will of the people and protecting it. police in a better position to fight tainly no legislation can be supposed Forty-four States have already enacted these guys.’’ more wholesome and necessary in the laws defining marriage as the union be- And about the future, ‘‘Right now it founding of a free, self-governing com- tween a man and a woman. South Caro- is dangerous and it is probably going to monwealth than that which establishes lina is one of these 44 States. The peo- get worse between now and January. it on the idea of the family, consisting ple of my State have already decided They are going to try and stop the of the union for life of one man and one how they would like for marriage to be elections and show people we are not in woman in the holy estate of matri- defined. So as a Representative I am control, but that is not going to hap- mony; the family is the sure founda- wondering why the will of my constitu- pen. After the elections, I think things tion of all that is stable and noble in ents and that of over 70 percent of will slow down and get better.’’ our civilization.’’ Americans nationwide should be tossed Mr. Speaker, I thank Officer Phoenix Historically, marriage between one aside because of a few activist judges for his service. God bless him, and God man and one woman has been the cor- because they disagree. bless the United States of America. nerstone of stable families. The mar- Unfortunately, a handful of judges f riage protection amendment will en- have already begun to amend our Con- sure that the definition of marriage in AMERICA NEEDS COMMANDER IN stitution. They have circumvented the America does not change based upon CHIEF, NOT CHEERLEADER IN democratic process with their rulings. the whim of an activist judge. It will CHIEF Therefore, the decision we are left with protect the rights of each State and now is not whether the Constitution (Mr. EMANUEL asked and was given the will of the people. I urge Members will be amended but who will amend it: permission to address the House for 1 to support the marriage protection activist judges or the American people. minute and to revise and extend his re- amendment. It is necessary for the Mr. Speaker, I hope my colleagues marks.) preservation of the historic institution will join me today in supporting the Mr. EMANUEL. Mr. Speaker, a of the family. marriage protection amendment. It is former CIA official recently said ‘‘The f time we get the debate back where it best we can hope for in Iraq is a failed belongs, with the American people. RUBEN MARTINEZ AWARDED state hobbling along.’’ The State De- f partment’s official travel warnings MACARTHUR FELLOWSHIP says, ‘‘Iraq remains very dangerous.’’ (Ms. LORETTA SANCHEZ of Cali- GLOBAL WARMING The national intelligence estimate fornia asked and was given permission (Mr. BLUMENAUER asked and was from July said the best case scenario to address the House for 1 minute and given permission to address the House for Iraq was merely ‘‘tenuous sta- to revise and extend her remarks.) for 1 minute and to revise and extend bility.’’ Ms. LORETTA SANCHEZ of Cali- his remarks.) A Kroll Security International study fornia. Mr. Speaker, I rise this morning Mr. BLUMENAUER. Mr. Speaker, as shows the number of attacks has in- to congratulate a very good friend of the damage, pain, and suffering of the creased from 40 per day to around 70 mine, Ruben Martinez, owner of recent hurricanes slowly recede in the per day. Republican Senator CHUCK Libreria Martinez Books and Art Gal- memories of most Americans, we would HAGEL said, ‘‘I do not think we are win- lery in Santa Ana, California, for being do well to remember that this is but a ning. We are in deep trouble in Iraq.’’ named a 2004 MacArthur Fellow. small taste of what is likely to occur Secretary of State Colin Powell said, How appropriate that during His- given the increase in global warming. ‘‘It is getting worse.’’ panic Heritage Month, I have the op- A recent study by the Commerce De- I know that the President is proud of portunity to recognize such a success- partment’s Geophysical Fluid Dynamic the fact that he does not read news- ful Hispanic from my own district on Lab in Princeton University, the most papers, but can somebody please brief this great honor. For more than 30 extensive to date, indicated that global the President of the United States? years, Ruben has been getting the warming is going to make it a lot Today in the Washington Post, with youth of Orange County engaged in worse. The typical hurricane is going all of the horrific news, there is a re- books and politics. What began as a to be one-half step greater on the 5- port that the administration is em- haircutting venture, accompanied by step scale, rainfall up to 60 miles away barking on a new propaganda campaign political discussions with his clients, will be up to 20 percent more intense, ‘‘designed to be uplifting, with good turned into a lifelong passion for sell- and even if the number of storms renews messages about Iraq.’’ ing books in both Spanish and English. mains the same, which is not at all

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.003 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7867 clear, there will be much increased po- to expel him from Kuwait, but also Clinton administration for using U.S. troops tential for damage, and the rising sea when the President made the decision in what he called ‘‘nation-building.’’ levels will create more flooding from that we had achieved our objectives ‘‘I’m worried about an opponent who uses nation-building and the military in the same the storm surges. and we were not going to get bogged sentence,’’ he told a rally. ‘‘My view of the It is time for the United States to down in the problems of trying to take military is for our military to be properly work with other developed countries to over and govern Iraq.’’ prepared to fight and win wars—therefore, recognize the threat of global climate I am entering Mr. Connelly’s column (to) prevent war from happening in the first warming, to cooperate on solutions to in the RECORD. It is seattlepi.com. place.’’ reduce greenhouse gases. Future gen- Read it. What are we doing in Iraq if not ‘‘nation- erations will be grateful. Mr. Speaker, they may call it swag- building?’’ Enmeshed in Iraq, are we properly prepared to fight such crazies as the nuclear f ger in Texas, but we call it truth in weapon-equipped ‘‘Great Leader’’ of North Washington State. MARRIAGE PROTECTION Korea, Kim Jong II? Our Real Enemy: Two days after 9/11, AMENDMENT [From the Seattle Post-Intelligencer, Sept. 29, 2004] President Bush declared: ‘‘The most important thing is for us to find Osama bin Laden. (Mr. PITTS asked and was given per- IN THE NORTHWEST: BUSH-CHENEY FLIP-FLOPS It is our No. 1 priority, and we will not rest mission to address the House for 1 COST AMERICA IN BLOOD minute and to revise and extend his re- until we find him.’’ (By Joel Connelly) Six months later, laying political ground- marks.) As George W. Bush has lately shown, the work for the Iraq war, the President said: ‘‘I Mr. PITTS. Mr. Speaker, today we tactic of successfully defining your opponent don’t know where he is. I have no idea and I will debate and vote on an issue of crit- is to political conflict what occupying the really don’t care. It’s not that important. ical importance to our society: mar- high ground is to waging war. It’s not our priority.’’ riage. The Bush-Cheney campaign has gleefully The 9/11 Commission: The White House ini- The issue is whether we will stand labeled John Kerry a flip-flopper. But what tially opposed creation of an independent idly by as a few unelected judges rede- of Bush-Cheney flip-flops? They’re getting a commission to investigate causes of the 9/11 atrocities. A July 2002 statement read: ‘‘The fine the family for us, or if we will take lot less ink, but America is paying a price in blood. administration would oppose an amendment a stand and say enough is enough. The Little noticed, and worthy of lengthy con- that would create a new commission to con- best home for kids is with their mom sideration, is a speech delivered by then-De- duct a similar review (to Congress’ investiga- and dad. Children cannot do better fense Secretary Dick Cheney in 1992 to the tion).’’ than that, and we should not try to re- Discovery Institute in Seattle. The administration reversed course five define marriage. The words of our future vice president—de- months later. The bipartisan commission, including former Sen. Slade Gorton, R–WA, Unfortunately, some claim that this fending the decision to end Gulf War I without occupying Iraq—eerily foretell today’s distinguished itself at hearings and in its is an issue for the States. Indeed, it is findings and recommendations. if that is what was happening. It is not. morass. Here is what Cheney said in ’92: ‘‘I would guess if we had gone in there, I Homeland Security: In the fall of 2001 Sens. OHN MCCAIN, R–AZ, and JOE LIEBERMAN, D– Activist courts are circumventing the would still have forces in Baghdad today. J CT, proposed creating a Cabinet-level De- States in order to make this happen. We’d be running the country. We would not We would never debate it. The States partment of Homeland Security. have been able to get everybody out and White House press secretary Ari Fleischer would never debate it. The American bring everybody home. outlined the administration’s opposition in people would never debate. That is how ‘‘And the final point that I think needs to October 2001, saying Congress did not need to the activist groups and the activist be made is this question of casaualties. I make the director’s job ‘‘a statutory post’’ judges want it. States rights are mean- don’t think you could have done all of that and that ‘‘every agency of the government ingless if judges ultimately make the without significant additional U.S. casual- has security concerns.’’ ties. And while everybody was tremendously A year later, the Bush administration was decisions. impressed with the low cost of the (1991) con- Mr. Speaker, this House should pass flaying Sen. MAX CLELAND, D–GA—a Viet- flict, for the 146 Americans who were killed nam triple amputee—for allegedly being an the marriage protection amendment in action and for their families, it wasn’t a obstacle to creation of the department. Anti- and send it to the State legislatures for cheap war. Cleland ads showing Osama bin Laden and their ratification so the courts do not ‘‘And the question in my mind is how Saddam Hussein flashed across the TV become the final maker of family pol- many additional American casualties is Sad- screens of Georgia. icy. Kids do best with a mom and dad. dam (Hussein) worth? And the answer is not Such are this administration’s major na- that damned many. So, I think we got it tional security flip-flops. But other flips bear f right, both when we decided to expel him on our safety. CHENEY HAD IT RIGHT FIRST from Kuwait, but also when the president During the 2000 campaign, candidate Bush TIME made the decision that we’d achieved our ob- pledged to limit carbon dioxide emissions jectives and we were not going to get bogged into the atmosphere. It didn’t happen. The (Mr. MCDERMOTT asked and was down in the problems of trying to take over President promised to support—or at least given permission to address the House and govern Iraq.’’ sign—renewal of Congress’ 1994 ban on mili- for 1 minute and to revise and extend How—given what he said then—does Che- tary-style assault weapons. The Bush admin- his remarks and include extraneous ney get off challenging the judgment and istration didn’t lift a finger to extend the material.) strength of those who argue that we are ban, which recently expired. bogged down and shedding blood today? Out here on America’s ‘‘Left Coast,’’ can- Mr. MCDERMOTT. Mr. Speaker, the Is Sadddam worth the lives of 1,046 (at last didate George Bush proclaimed himself a Vice President had it right on Iraq the count) dead Americans, and 7,000 injured steadfast free trader. Even today, Republican first time, and now we know that be- Americans? State Chairman Chris Vance hammers Kerry cause of the Seattle Post-Intelligencer Dick Cheney posed the hard-nosed ques- as a flip-flopper on trade. newspaper columnist Joe Connelly. tions that should be asked by a president in How, then, to explain the President’s 2002 The Vice President was Defense Sec- time of war. George Bush is out on the cam- decision to slap tariffs of 8 to 30 percent on steel imports to the United States? (The tar- retary during the first Gulf War. Mr. paign trail boasting he’s hard-nosed because he didn’t ask how a ‘‘Mission Accomplished!’’ iffs were lifted after 21 months.) CHENEY told a Seattle audience in 1992 Answer: The steel-producing states of could unravel. that it was folly to spill American Pennsylvania, Ohio and West Virginia have Kerry is taking a pounding from the re- 46 fought-over electoral votes in this year’s blood to try to get Saddam or try to lentless Republican machine. A GOP TV ad election. govern Iraq. This column ought to be shows Kerry windsurfing, with Strauss’ required reading before the Presi- ‘‘Blue Danube’’ waltz playing in the back- f dential debates. ground, as the voice-over claims the nominee b 1015 These are DICK CHENEY’s exact words has shifted positions ‘‘whichever way the in defending the first President Bush’s wind blows.’’ HISTORIC MEETING BETWEEN decision to leave Iraq and Saddam Hus- In case the ‘‘mainstream’’ media are inter- INDIA AND PAKISTAN LEADERS sein: ‘‘And the question in my mind is ested, or Fox News wants to balance its re- OFFERS HOPE porting to furnish a few moments of fairness, how many additional American casual- here are a few Bush flip-flops that might be (Mr. WILSON of South Carolina ties is Saddam worth? And the answer put before the voters: asked and was given permission to ad- is not that damned many. So I think Nation-Building: As a candidate, Dubya dress the House for 1 minute and to re- we got it right, both when we decided traveled the land in 2000 denouncing the vise and extend his remarks.)

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.005 H30PT1 H7868 CONGRESSIONAL RECORD — HOUSE September 30, 2004 Mr. WILSON of South Carolina. Mr. DROUGHT RELIEF national coalition is getting smaller, Speaker, a historic meeting took place (Mrs. MUSGRAVE asked and was that our burden is getting larger, and this past Friday in New York City be- given permission to address the House our casualties are rising at an alarm- tween Indian Prime Minister Singh and for 1 minute and to revise and extend ing rate. Pakistani President Musharraf. This her remarks.) That is the reality in Iraq, the re- was an important step toward bringing Mrs. MUSGRAVE. Mr. Speaker, as ality that our dedicated troops deserve about a peaceful ending to disputes we approach the end of this legislative to be told by those sending them into over Kashmir and fears of nuclear con- session and I near the end of my fresh- harm’s way. The American public flict in the region. man term, I am amazed by the power needs to know what is happening in Both India and Pakistan have been this body has when it wants to act Iraq. This administration is failing to strong allies of the United States in quickly. The speed at which recent do that. the war on terror and Secretary of emergency funding for hurricane vic- f State Colin Powell should be thanked tims passed just goes to show what can MESSAGE FROM THE SENATE for playing a significant role in bring- be accomplished in Congress and how ing these leaders together. This is the quickly. The Speaker pro tempore (Mr. MIL- latest example of positive progress in Serving my rural district in Colo- LER of Florida) laid before the House South Asia and the Middle East, rado, I come to the floor this morning the following privileged message from thanks to the leadership and support of to urge action on funding for victims of the Senate: President George W. Bush and his ad- another major natural disaster, our 6- In the Senate of the United States, September ministration. year drought, which has devastated 20, 2004. This month the world’s largest Mus- farmers and ranchers throughout the Ordered, That the Secretary be directed to request the return of (H.R. 4567) entitled ‘‘An lim nation, Indonesia, had its first di- West. This is a matter of importance rect democratic election of a president, Act making appropriations for the Depart- that is not being reported on the 24- ment of Homeland Security for the fiscal and earlier this year Libya voluntarily hour cable news networks or capturing gave up its program to develop weap- year ending September 30, 2005, and for other front-page headlines across the Nation purposes.’’, in compliance with a request of ons of mass destruction. Additionally, because it is not a sudden, horrific the Senate for the return thereof. millions of Muslims have been liber- force like hurricanes; but it is very Attest: ated by coalition forces from brutal re- critical nonetheless. EMILY J. REYNOLDS, gimes in Afghanistan and Iraq and now When I am at home on the weekends, Secretary. will build a civil society which protects I see the devastation firsthand. I see The SPEAKER pro tempore. Without American families. the worry and the anxiety. I see the objection, the request of the Senate is In conclusion, may God bless our detriment this natural disaster is im- agreed to, and H.R. 4567 will be re- troops and we will never forget Sep- posing on the local small town econo- turned to the Senate. tember 11. mies. Recently, the other body in- There was no objection. f cluded $3 billion for drought relief in f TONIGHT’S PRESIDENTIAL DEBATE the Department of Homeland Security REPORT ON RESOLUTION PRO- (Ms. JACKSON-LEE of Texas asked bill. To my colleagues here in the House, VIDING FOR CONSIDERATION OF and was given permission to address H.R. 5183, SURFACE TRANSPOR- the House for 1 minute and to revise I urge support of this funding for drought relief. Floridians boarded up TATION EXTENSION ACT OF 2004, and extend her remarks.) PART V Ms. JACKSON-LEE of Texas. Mr. before their natural disasters. Let us Speaker, I briefly rise, as well, to join make sure rural Colorado does not Mr. REYNOLDS, from the Com- my colleague in acknowledging the after theirs. mittee on Rules, submitted a privileged report (Rept. No. 108–710) on the meeting between the Prime Minister of f India and, of course, the President of resolution (H. Res. 811) providing for Pakistan asking for their fellow coun- IRAQ consideration of the bill (H.R. 5183) to trymen and -women to understand the (Ms. DELAURO asked and was given provide an extension of highway, high- importance of aspiring for peace for permission to address the House for 1 way safety, motor carrier safety, tran- their people. minute.) sit, and other programs funded out of But I rise today, Mr. Speaker, to Ms. DELAURO. Mr. Speaker, today’s the Highway Trust Fund pending en- really ask my colleagues and the Washington Post tells us that the ad- actment of a law reauthorizing the American people what tonight’s debate ministration recently curtailed the dis- Transportation Equity Act for the 21st should really be about. This debate has tribution of reports by contractor Kroll Century, which was referred to the been almost poised as a contest be- Security International that show in- House Calendar and ordered to be tween two warriors. In fact, I believe creasing violence in Iraq. The article printed. this is a debate for the American peo- goes on to say that the Pentagon is f ple. The question should be asked, why sponsoring a group of Iraqi Americans WAIVING REQUIREMENT OF were the American people told that we to speak at military bases throughout CLAUSE 6(a) OF RULE XIII WITH needed to go to war for the weapons of the United States to provide ‘‘a first- RESPECT TO CONSIDERATION OF mass destruction that did not exist? hand account of events in Iraq.’’ That CERTAIN RESOLUTIONS Why have some thousand-plus of our is to say, the administration is sending young men and women and family Iraqi exiles, mostly people who may Mr. REYNOLDS. Mr. Speaker, by di- members died in Iraq when there was not have been to the country in years, rection of the Committee on Rules, I no basis for this war? Why did the to tell our troops just back from Iraq call up House Resolution 807 and ask President not seek a constitutional the ‘‘good news’’ about how things are for its immediate consideration. vote for this war? Why are there thou- going there. The Clerk read the resolution, as fol- sands of wounded lying in our hospitals I imagine some of these exiles are the lows: and we do not even know if the vet- same people who told Deputy Defense H. RES. 807 erans hospitals will remain open? Secretary Wolfowitz that we would be Resolved, That the requirement of clause The question is, who can lead us for- greeted as liberators upon arriving in 6(a) of rule XIII for a two-thirds vote to con- ward, and the answer is JOHN KERRY. Iraq. These are two more examples of sider a report from the Committee on Rules That is what this debate is about, what an administration in denial of what is on the same day it is presented to the House will the American people want for their actually going on in Iraq, an adminis- is waived with respect to any resolution reported on the legislative day of September future and I can assure you it is not tration unhinged from reality. If these 30, 2004, providing for consideration of a bill and should not be a litany of untruths emissaries of the administration were to provide an extension of highway, highway from their national government; they going to tell our troops the truth about safety, motor carrier safety, transit, and simply want the truth. Iraq, they would say that the inter- other programs funded out of the Highway

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.007 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7869 Trust Fund pending enactment of a law reau- gentleman from Alaska (Mr. YOUNG), nority member of the Committee on Trans- thorizing the Transportation Equity Act for the gentleman from Minnesota (Mr. portation and Infrastructure; and (2) one mo- the 21st Century. OBERSTAR), the gentleman from Illinois tion to recommit. The SPEAKER pro tempore. The gen- (Mr. LIPINSKI) and others are doing The SPEAKER pro tempore. The gentleman from New York (Mr. REYNOLDS) their best given the draconian alloca- tleman from New York (Mr. REYNOLDS) is recognized for 1 hour. tion set by the Republican leadership. I is recognized for 1 hour. Mr. REYNOLDS. Mr. Speaker, for the support these extensions because we Mr. REYNOLDS. Mr. Speaker, for the purpose of debate only, I yield the cus- cannot afford to let these programs ex- purpose of debate only, I yield the customary 30 minutes to the gentleman pire. But it is important to know that tomary 30 minutes to the gentleman from Massachusetts (Mr. MCGOVERN), the Republican leadership and the Bush from Massachusetts (Mr. MCGOVERN), pending which I yield myself such time administration have not done all they pending which I yield myself such time as I may consume. During consider- can to ensure that the full reauthoriza- as I may consume. During consideration of this resolution, all time yield- tion is completed and signed before the ation of this resolution, all time yield- ed is for the purpose of debate only. programs expire. ed is for the purpose of debate only. (Mr. REYNOLDS asked and was Mr. Speaker, the President is the (Mr. REYNOLDS asked and was given permission to revise and extend leader of his party. Yet the President given permission to revise and extend his remarks.) has shown a lack of leadership on this his remarks.) Mr. REYNOLDS. Mr. Speaker, House issue. The transportation bill will pro- Mr. REYNOLDS. Mr. Speaker, House Resolution 807 is a same-day rule that vide every American with roads and Resolution 811 is a closed rule that pro- provides for consideration of the rule bridges that they need. It will provide vides for consideration of H.R. 5183, the to accompany H.R. 5183, the Surface economic stimulus across the country Surface Transportation Act of 2004. Transportation Extension Act of 2004. with the various projects that are writ- The rule waives all points of order The rule waives clause 6(a) of rule XIII ten into it. Most importantly, this bill against consideration of the bill and requiring a two-thirds vote to consider will create new jobs at a time when the provides 1 hour of debate in the House a rule on the same day it is reported new jobs are desperately needed. But equally divided and controlled by the from the Committee on Rules. instead of looking out for the Amer- chairman and ranking minority mem- Mr. Speaker, the current extension of ican public, the President and the Re- ber of the Committee on Transpor- the highway bill ends at midnight to- publican leadership in this body have tation and Infrastructure. The rule fur- night. The Congress must therefore act held onto their ideology to the det- ther provides one motion to recommit. immediately to ensure that there is no riment of this country. Mr. Speaker, the Committee on termination in projects or jobs while Mr. Speaker, I want to say again that Transportation and Infrastructure cur- we continue to formulate the package I support this extension. While I am rently has under its consideration the that will reauthorize the Transpor- concerned anytime the Republican multiyear reauthorization of the tation Equity Act for another 6 years. leadership proposes a martial law rule, Transportation Equity Act. The cur- The legislation must be moved forward I also want to express my support for rent authorization expires at midnight today in order to continue funding for this particular rule that will allow us tonight and the bill before us today highway, highway safety, motor car- to consider this sixth extension and provides funding for essential programs rier safety, transit and other programs send it to the President before these for an additional 8 months, through at the levels approved in the fiscal year programs expire. But I am disappointed May 31, 2005. This extension is nec- 2004 budget resolution. and discouraged by the way the Presi- essary to give the authorizing con- Mr. Speaker, I urge my colleagues to dent and the Republican leadership ferees additional time to agree on a support this rule. have mismanaged this process, and I larger reauthorization bill. Mr. Speaker, I reserve the balance of hope we can do better next year. b 1030 my time. Mr. Speaker, I yield back the balance This Congress recognizes the many Mr. MCGOVERN. Mr. Speaker, I of my time. needs of our Nation and is answering thank the gentleman from New York Mr. REYNOLDS. Mr. Speaker, I yield the call by diligently working through for yielding me the customary 30 min- back the balance of my time, and I its process to produce a bill that deals utes, and I yield myself such time as I move the previous question on the res- with the Nation’s priorities in a whole may consume. olution. host of areas. Mr. Speaker, the transportation bill The previous question was ordered. The final authorization bill will en- is one of the most strongly supported, The resolution was agreed to. sure that we have a reliable and stable popular, and bipartisan measures to be A motion to reconsider was laid on transportation infrastructure from considered in the House. The programs the table. authorized in this bill touch every Federal highways and highway safety American and affect their lives every f to public transportation and motor- single day. There are probably only a SURFACE TRANSPORTATION carrier safety programs. handful of Members who do not want to EXTENSION ACT OF 2004, PART V In the meantime, the extension be- see the transportation bill reauthorized Mr. REYNOLDS. Mr. Speaker, by di- fore us today authorizes $24.5 billion for another 6 years. rection of the Committee on Rules, I for the Federal Aid Highway program But it appears that the Republican call up House Resolution 811 and ask for highway and bridge construction leadership and the administration are for its immediate consideration. and safety-related infrastructure im- stonewalling this process by their re- The Clerk read the resolution, as fol- provements. Mr. Speaker, $5.2 billion is fusal to work in good faith with the lows: authorized for the Federal Transit Ad- other body. Let us look at the facts. ministration for grants to State and H. RES. 811 Republicans are in charge of the White local transit agencies to reduce conges- House, the Senate, and the House of Resolved, That upon the adoption of this tion and ensure mobility for all Ameri- resolution it shall be in order without inter- Representatives. But, instead of pro- vention of any point of order to consider in cans in urban and rural areas. viding real leadership, the Republican the House the bill (H.R. 5183) to provide an Additionally, the bill authorizes $200 leadership and the President have let extension of highway, safety, motor carrier million for highway safety programs, the conferees dangle in the wind while safety, transit, and other programs funded including programs to encourage seat- we continue to pass short-term exten- out of the Highway Trust Fund pending en- belt use and prevent drunk driving. sion after short-term extension of actment of a law reauthorizing the Transpor- The $287 million is authorized for the these important programs. tation Equity Act for the 21st Century. The Federal Motor Carrier Safety Adminis- By my count, Mr. Speaker, this is the bill shall be considered as read for amend- tration for truck and bus-related safety ment. The previous question shall be consid- sixth temporary extension to be con- ered as ordered on the bill to final passage programs. sidered and sent to the President. Do without intervening motion except: (1) one Mr. Speaker, the underlying bill also not get me wrong. I strongly support hour of debate on the bill equally divided and releases the final portion of contract these programs. I understand that the controlled by the chairman and ranking mi- authority and obligation authority for

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.007 H30PT1 H7870 CONGRESSIONAL RECORD — HOUSE September 30, 2004 the highway program in fiscal year transportation bill, as they endeavor to of their positions, is that we have dis- 2004. This funding was reserved until undertake critically important public agreements between the House and the the end of the fiscal year and is now works projects. According to the Amer- other body and we have some from the being used to ensure that States re- ican Association of State Highway White House on just what the spending ceive at least a 90.5 percent minimum Transportation officials, 33 States say will be. But while we are in an election guaranteed rate of return on their that a short-term extension rather year, we need to make sure we also get Highway Trust Fund contributions. than enactment of a 6-year bill will some of the facts back here. And that Without our action today, vital pro- mean $2.1 billion in project delays and is that my understanding of this ex- grams and projects under the jurisdic- the loss of over 90,000 jobs. tender, is that the 2005 authorization is tion of the Department of Transpor- Now, I understand that the gen- using the 2004 levels, and there is abso- tation will be put on hold. States will tleman from Alaska (Chairman YOUNG) lutely zero loss of anything, that each not be reimbursed with the Federal and the gentleman from Minnesota State will have their money. As a mat- share of projects. Safety grants will (Mr. OBERSTAR) and the gentleman ter of fact, in the underlying legisla- not be provided to States, and transit from Illinois (Mr. LIPINSKI) and every- tion, it is my understanding that we construction will be halted, all of body on the committee are doing the will see that the $2 billion that Mem- which puts jobs at risk. best they can given the Draconian allo- bers on both sides of the aisle worked Mr. Speaker, we simply cannot allow cations set by the Republican leader- hard to achieve for their districts will States and transportation projects to ship. The members of that committee, also be distributed to those States suffer. I urge my colleagues to support the bipartisan cooperation of that com- under the current formula. this rule and the underlying extension. mittee deserves to be praised by all of Now, I cannot speak for Massachu- Mr. Speaker, I reserve the balance of us, and it should be an example to the setts, but I know, in New York, number my time. rest of this body. I support these exten- one, that is going to be fair and equi- Mr. MCGOVERN. Mr. Speaker, I sions because we cannot afford to let table money. Number two, it is still a thank the gentleman from New York these programs expire. But it is impor- jobs bill that is keeping my people (Mr. REYNOLDS), my good friend, for tant to know that the leadership of working across my State and, quite yielding me the customary 30 minutes, this House and the administration have frankly, I think across the 50 States. and I yield myself such time as I may not done all they can to ensure that So when we look at this, we also need consume. the full reauthorization is completed to come to terms with a funding level Mr. Speaker, this rule and the under- and signed before the programs expire. of transportation authorization in a fu- lying bill are for an 8-month extension Mr. Speaker, as I said before, the ture 6-year bill that is equitable for all of the Transportation Equity Act for President is the leader of his party. of us. And we know that different re- the 21st century, TEA 21. It marks the Where is the leadership? The transpor- gions of the country have different sixth extension of that landmark legis- tation bill will provide every American viewpoints, and we know that non- lation since it expired last year and re- with the roads and bridges that they mass-transit States have different veals, once again, the rank and utter need. It will provide economic stimulus views than those who are in high- incompetence of the Republican leader- across the country with various growth States looking to develop fur- ship to get a transportation reauthor- projects that are written into it. And, ther road infrastructure in their com- ization bill. This extension, while abso- most importantly, this bill will create munities. It is not an easy bill to put lutely necessary to keep the Nation’s new jobs at a time when new jobs are together to get a 6-year consensus in highway and transportation agencies desperately needed. But instead of this body, let alone between the House, running is, simply stated, another glar- looking out for the American public, the Senate, and the White House. ing failure of the Republican leadership the leadership and the President have But the important thing that is to be in this session of Congress. held on to their ideology to the det- noted today as we preserve those jobs, Mr. Speaker, let us pause for a mo- riment of this country. those jobs are working, and a ‘‘yes’’ ment to remind everyone of the facts. So, Mr. Speaker, I want to say again vote today keeps these projects moving They are in charge of the White House. that while I support this extension, I forward and protects those jobs. A They are in charge of the Senate, and am disappointed and discouraged by ‘‘no’’ vote puts people out of work. I they are in charge of the House of Rep- the way the leadership has so pro- will willing to predict, Mr. Speaker, resentatives. The transportation reau- foundly mismanaged this process, and I that we will have strong bipartisan thorization bill is one of the most hope that we can do better next year. support for the extension over the next Mr. Speaker, I reserve the balance of strongly supported, popular and bipar- 8 months. my time. tisan measures to be considered in the Mr. Speaker, I reserve the balance of Mr. REYNOLDS. Mr. Speaker, I yield my time. House. The programs authorized in this myself such time as I may consume. Mr. MCGOVERN. Mr. Speaker, I yield bill touch every American and affect It is now almost October 1, and we myself such time as I may consume. I their lives every single day. There are are getting into the election season. I thank my colleague, the gentleman probably only a handful of Members expect the gentleman from Massachu- from New York, for his comments. I al- who do not want to see a transpor- setts to have some finger-pointing ways enjoy listening to his interesting tation bill reauthorized for another 6 going on. But I was here, as he was, spin on things. years. Nevertheless, this President and when the debate occurred on transpor- The fact of the matter is, the prob- the Republican leadership, which have tation, and I would say that the au- lem is not with the authorizers. The presided over a historic loss of more thorizers had some pretty good, whole- authorizers have done a great job. As I than 2 million American jobs, are hearted debate that seemed to almost said, we need to praise, in a bipartisan stonewalling a transportation bill be on the same page between Repub- way, the members of the Committee on which will create 47,000 new jobs for licans and Democrats, the majority Transportation and Infrastructure. But every $1 billion of investment. and the minority of this House. the problem is with the leadership, and The refusal of this leadership to work I would remind all of us that while the problem is with the White House in good faith with the other body is we had some harmony passing that leg- who is insisting on unbelievably low costing our economy precious jobs, islation in the House and apparently in numbers for the reauthorization of this while the condition of our roads and the other body, they had some har- bill. bridges continue to deteriorate. In- mony on what they passed, we have, as As a result of not having a 6-year stead of providing real leadership, the we well know as students of govern- bill, there are a number of States that majority party and the President have ment, to pass an identical piece of leg- have put projects on hold, and that let the conferees twist in the wind islation in the House, in the Senate means that these projects are not being while we continue to pass short-term and the President to sign it, or if he ve- built. They are not going forward. The extension after short-term extension of toes it, it would require a two-thirds jobs are not being created. We should these important programs. The States, vote in both of the bodies of Congress. have done better. which we were elected to represent, are Now, what we have seen, because the We are all going to support this ex- left to guess at when we will have a other body has publicly debated some tension. We have to. We have no

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.013 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7871 choice. This is the right thing to do. I mental protection, to reducing conges- ment to different aspects of what I see am just lamenting the fact that we tion. And it is not just in the north- in the other body just from public should have had a 6-year bill, and I re- west. It is New York. It is in Massachu- statements of negotiation. We have gret that the White House and the setts. It is Florida and Texas. also seen that the White House and De- leadership were not able to get to- If we talk to any of the transpor- partment of Transportation has some gether and make this a priority, espe- tation officials, they will tell us that of their opinions on this bill as well. cially at a time when there is record we are not well served having to re- I accept the fact that we are getting job loss. peatedly come to the floor with a into the election season, and we are Mr. Speaker, I yield 5 minutes to the short-term extension. But I am going going to have all sorts of consumption distinguished gentleman from Oregon to argue in support of this 8-month ex- going on back home as to what this (Mr. BLUMENAUER), a member of the tension because, frankly, it is better to means. But what my transportation ex- Committee on Transportation and In- kick the can down the road past the perts of New York say, as well as talk- frastructure. election. We have shown that we are ing to experts in this body, they tell Mr. BLUMENAUER. Mr. Speaker, I not really capable of doing that in an me that if we do this extension, it is listened to the explanation of my election year. With a new Congress, going to maintain the spending in the friend, the gentleman from New York, maybe with a new administration, 2005 authorization and 2004 funding lev- and I agree with a number of the things without the pre-election posturing, I els and that basically no one will lose he said. There will be a large, bipar- think we will, in fact, have a better any money at all in any of our States tisan majority supporting this exten- piece of legislation. Were we to enact a or, for the most part, in our districts sion, but the notion that somehow flawed piece of legislation, it would not unless some of the Members do not there are not problems associated with just be a problem for today or tomor- have a relationship with their State the repeated failure of Congress to row; we would be crippling our trans- transportation people on some of the pass, despite what my friend from New portation initiatives for the entire 6- priorities that they might be looking York says, what should be one of the year period of the authorization, and it for in their State. easiest bills. We can take the bill that would establish an artificially low It is important to understand, for passed the Senate and put it on the standard for subsequent reauthoriza- those who are listening to this debate, floor of the House, and I am quite con- tions. We would be severely penalizing that this maintains the spending of a fident that it would pass with an over- transportation for a generation to multiyear plan in the extension of 8 whelming majority. It passed the other come. months, and it does in the 2005 author- body with some 72 or 73 votes. The I hope that, in the course of the next ization as well as looking at the 2004 Committee on Transportation and In- 8 months, but particularly in the funding levels that are currently avail- frastructure offered up an approach to course of the next 5 weeks, the Amer- able. the Floor of the House that was sub- ican public takes the time to pin down My local folks in New York, the stantially above that level. We have as- the politicians in the House, in the State commissioner and his people, tell sembled the broadest coalition in the Senate, running for President, about me that we will be able to continue in history of infrastructure legislation. where they stand on transportation in- the continuity of a complex transpor- We have interests ranging from the Si- frastructure. This is the most importation system by being able to count erra Club to the Chamber of Commerce, tant transportation piece of legislation on this extension and the funding to from the Women’s Federation Garden for the next 6 years. It is also the most continue the multiyear projects. Club of America to the cyclists, to the important economic development legis- So I do not quite understand the gen- people who put down asphalt, who all lation, and done right, it is the most tleman’s aspect of where it starts and agree on the basic structure of this leg- important environmental legislation. stops maybe as he sees the view, be- islation. This should have been the easiest cause I have been assured that we have There has been a lot of hard work on piece of legislation for this Congress to continuity of transportation services behalf of the gentleman from Alaska pass. Sadly, we are seeing today that it in a multiyear fashion by extending and the gentleman from Minnesota to has proven that we are not up to the this. try and craft a piece of legislation that challenge. I hope we can take these Again, I must say to my colleagues, a is acceptable. I see on the floor here next 8 months and do better by the ‘‘yes’’ vote today keeps those projects my friends, the gentleman from Wis- American public. moving forward and protects jobs and consin and the gentleman from Illinois, protects the work and plans that are in 1045 who have been working, chairing the b our respective States, and a ‘‘no’’ vote subcommittee, trying to put something Mr. REYNOLDS. Mr. Speaker, I yield just plain stops that or puts people out forward underneath these artificial re- myself such time as I may consume. of work. strictions. Mr. Speaker, I respect the gentleman Mr. BLUMENAUER. Mr. Speaker, But the point is that it is not a fail- and what his view is, but I come from will the gentleman yield for a ques- ure of agreement between the Members a State that has some complex trans- tion? of the two bodies of Congress. We are portation, from new to old aging infra- Mr. REYNOLDS. I yield to the gen- substantially in agreement, and we are structure, to mass transit, to ports, to tleman from Oregon for a question. in agreement with the vast majority of motor carriers, to dealing with buses Mr. BLUMENAUER. Mr. Speaker, I the American public. And the failure to and transit systems. appreciate the gentleman’s notion allow that agreement to be fully and As I look at this, if we keep this mov- about having the funds flow. fairly debated on this floor and enacted ing forward by passing this extender, Mr. REYNOLDS. I said I yield for a means that we are holding in suspense we are going to keep those projects question. I do not want to hear the gen- important transportation priorities. moving forward to protect jobs. A ‘‘no’’ tleman’s debate on my time. Yes, we are going to allow the spigot vote puts people out of work. It stops Mr. BLUMENAUER. Mr. Speaker, I to be opened, or rather, we will avoid transit. am seeking not to debate. I was just slamming the spigot closed at mid- I have taken great care to listen to trying to establish a context for a night tonight. I do not think anybody the transportation experts, and they question. in their right mind thinks that we assure me of the following. We came Is it not true that, in both the House would or should do that. But that does here with such great spirit in the and the Senate version of the transpor- not mean that there are not negative House to pass this legislation, and it tation reauthorization, there are a vast problems associated with it. We have was bipartisan work. We certainly number of specific projects, new starts, projects in the Pacific Northwest that lauded both the chairman of the full that are multiyear in nature and that were slated to go forward that are Committee of Transportation and In- cannot proceed in the absence of their multiyear in nature, and because of the frastructure and the subcommittee being reauthorized, and that this ex- uncertainty, these are on hold; signifi- chairs who put together this complex tension has no bearing on those longer- cant problems that speak to economic bill and in a bipartisan fashion. Yes, term, complex, important projects in development, that speak to environ- there certainly are differences of agree- the gentleman’s State and in mine?

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.015 H30PT1 H7872 CONGRESSIONAL RECORD — HOUSE September 30, 2004 Mr. REYNOLDS. I thank the gen- around here all the time. They control Transportation is that, for every $1 bil- tleman for his question, and what I un- the White House, the Department of lion we spend on roads, bridges, high- derstand is as follows. Sure, I have Transportation, the House and the Sen- ways, mass transit, we create 47,500 projects; I think most Members of this ate. The White House is low-balling the jobs; not just construction jobs, but body have specific projects earmarked number and underinvesting in Amer- those are good jobs and good wage jobs. in our legislation. It is my under- ica. They only want to spend $259 bil- And guess what? They cannot be standing that the other body would not lion. They want to take our gas tax outsourced to another country. That is consider earmarks that we would like money and spend it on other things in- a really good thing about those jobs, to begin in the 2005 project year. There- stead of transportation. but what it also does is it spills over fore, the compromise of extension, be- The House did a little better, $283 bil- into communities and small businesses. cause we have had disagreements be- lion, not enough, but they did better. The suppliers, the contractors, the tween the two bodies and we also have But they do not want to confront the equipment operators, they are all local. the White House in consideration of President in an election year. We could They are locally based. It helps our getting a final bill, was that we would roll them easily. It would be embar- local communities who need more jobs take $2 billion of funding of Member- rassing, though, just before the elec- and investment. It helps small busi- earmarked items of 2004 and roll them tion for him to be against jobs and in- nesses, 47,500 jobs. into our respective States on the exist- vestment in America and spending gas So, that means by walking away ing formulas. That is what makes the taxes on the purposes for which it was from the higher numbers proposed by States content to have that money collected. The Senate did a lot better the Senate, that is $318 billion, that we back into their aspect of continuing in yet, $318 billion. are foregoing $34 billion of investment the projects. Then, of course, there was the unani- that is needed to repair our failing The gentleman’s influence, as a mous bipartisan vote of the Committee bridges, roads, highways and our mass member of the Oregon delegation, on Transportation and Infrastructure, transit inadequacies, new starts in New might put an opportunity where the on which I serve, where we voted York and other States. I cannot do the gentleman could talk to the DOT com- unanimously for $379 billion, $120 bil- math quite here, but 34 times 47 sounds missioner and begin their projects lion more than the President is willing like a heck of a lot of jobs to me, some- based on some of the monies they will to spend, because that is what the where around 1.5 million jobs. This receive. President’s Department of Transpor- country could use another 1.5 million Mr. Speaker, I reserve the balance of tation said is necessary to take care of jobs. In fact, if the President would my time. the problems in New York and other sign a bill at that higher number, then Mr. MCGOVERN. Mr. Speaker, I yield States. We need another $120 billion he could say he delivered on his prom- myself such time as I may consume. over what the President’s asking for to ise of creating 2 million jobs during his Let me be clear to everybody here, deal with those problems. presidency. Right now, he is kind of because the gentleman from New York It is disingenuous to get up here and short on that. keeps on talking about this in terms of say, oh, if we follow these lower num- This is at best an absolutely minimal a ‘‘yes’’ or ‘‘no’’ vote. We are all going bers, nothing is being hurt. We are stopgap that is not meeting the real to vote for it because there is no other foregoing new starts. We are foregoing needs of Americans, that is not putting choice. Nobody is opposing the exten- new investments. We are foregoing ad- people back to work, that is not spend- sion here. What we are simply saying is ditional investments that the Presi- ing their gas tax money in the manner they have mismanaged this process. dent’s own Department of Transpor- in which it was intended when it was He talks about jobs that could be tation says is necessary. Why? Why are collected and extracted from them, maintained. Well, we want to not only we doing that? We collect gas taxes when they bought gas at the pump. I would say we have apparently no al- maintain jobs, we want to create them. from each and every American every ternative but to support this inad- Let me repeat to him, according to time they fill up their car, a bunch of equate level of funding, but the Amer- the American Association of State them, and that money is supposed to be ican people should be aware it is inad- Highway Transportation Officials, 33 spent on roads, bridges and highways. equate. It does mean no new starts. It States say that a short-term extension We have seen the potholes. I have got does mean that we are not going to ad- rather than enactment of a 6-year bill failing bridges in my district. We could dress a whole bunch of problems all will mean $2.1 billion in project delays put hundreds of thousands of people to around the country, and we can do bet- and the loss of over 90,000 jobs. If we work tomorrow if we had more invest- ter. did our job right in this House, then ment and more spending. Mr. REYNOLDS. Mr. Speaker, I yield this would not be the case. There would I cannot understand why they will myself such time as I may consume. be more jobs coming. not spend our gas tax money to put It is a well-known fact in the House I would remind the gentleman, again, people to work and meet needed invest- that the Committee on Transportation I am pretty sure that one party, one ment in our infrastructure. So I stand and Infrastructure is probably the larg- party, controls the House and controls here saying we should be doing more est of membership in our great body. It the Senate and controls the White than just this continuing resolution, amazes me when I look at the members House. Contrary to what the gen- obviously. We should have sometime in of the committee, that might share tleman says, this is not about finger- the last 11 months. The Republicans from the other side of the aisle, kind of pointing to point out that you guys should have been able to get their act going back and forth between an exten- cannot get your act together. together and agree on a highway bill. sion and the 6-year bill, kind of mixing Mr. Speaker, I yield 5 minutes to the That has not happened. Well, if we can- it up. gentleman from Oregon (Mr. DEFAZIO). not do that, at least let us put a little I just want to make sure we have the Mr. DEFAZIO. Mr. Speaker, I thank more money in there, put a few more record straight, although I have said it the gentleman for the time. people back to work, begin to address so many times in this debate already. October 1, 2003: What is important some of these problems that are out The extension does not prejudice the 6- about that date? That is the date that there, begin to take care of some of the year bill. It actually keeps a con- the last highway bill expired. Here we new starts that New York has asked for tinuity of funding levels at the author- are, almost a year later, legislation that cannot go forward under this leg- ization of our budget resolution. that sets the course of all spending on islation. The gentleman is actually con- roads, bridges, highways, mass transit My colleagues cannot say, oh, the tinuing, as previous speakers have, to in the United States of America has transportation experts in New York go back and forth between a simple ex- been in suspended animation working say this is going to take care of all the tension that guarantees all States under a 7-year-old law for the last 11 problems. It is not. It is not even be- their money and some planning pur- months. ginning to address the backlog of prob- poses over the next 8 months versus I guess if the Republicans controlled lems of failing roads and bridges. trying to get to a 6-year bill. things, things would not be like that; Another interesting statistic from I am used to a situation where legis- that is the kind of thing we hear the President’s own Department of lation does not come to the floor as

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.017 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7873 fast as some Members would want, that less we pass this legislation and fully not a quick one-time investment. With there is finger-pointing. I also ac- fund it, as many of us on this side of an 8-month extension there is not the knowledge that we have disagreements the Chamber have asked for, it may certainty of what happens after 8 between the other body, the White bring about a situation where the months. House and this on getting a conclusion American public and the jobs that we My point earlier was simply that this of a 6-year bill. have will bring about an economy that is another missed opportunity by this But the Chairman of the Committee will create a dead duck scenario. leadership. The Republicans control on Transportation and Infrastructure It is my hope that we realize, as we the House, they control the Senate, has made sure, with his subcommittee engage in the next 8 months, and I am and they control the White House. chairmen, that we have an 8-month ex- sure that is what is going to happen, Surely, surely they could have worked tension that guarantees each State that for the American public and the out a deal. Surely they could have their money so they can continue in safety of the American public and the helped accomplish a 6-year extension. their planning purposes. As I have said American workers, that we pass an That is what the frustration is on this before, it clearly says a ‘‘yes’’ vote adequately funded reauthorization bill side. today keeps those projects moving for- that will help build roads to many of Our Governors and our mayors and ward and protects jobs. A ‘‘no’’ vote our rural areas; that will help the inner our town managers and our city plan- puts people out of work and brings that cities with mass transit; and will bring ners are all looking for a long-term construction to an end. about safe traveling as well as pro- guarantee of funding, and they are not I also want to make sure that some viding an economic boost. going to get that. They are going to of these alarmist accusations, that Many years ago, Mr. Speaker, when get an 8-month extension. And, yes, there is clear, on-the-record informa- our interstate systems were built, it that is better than nothing. We need to tion so that they do not get caught up helped bring about what we called keep this funding going. But the fact is without a response. As the previous ‘‘just-in-time manufacturing.’’ Small they cannot plan long term; and as a gentleman talked about the fact of rural areas could in fact become the result of that, we are not going to cre- money going all over the place, this suppliers for the assembly lines of ate as many jobs. The future for some bill includes an extension of the budg- American manufacturers. As a result of of the economic development that we etary firewalls and spending guaran- that, we were able to move from small all hoped for that will come from some tees for the highway category and rural areas the products being built of these projects will have to be put on transit category. These firewalls and there, or that portion of it, to the larg- hold, and I think that is a shame. So I want to commend the Com- guarantees protect the integrity of the er manufacturing companies and create mittee on Transportation and Infra- Highway Trust Fund to ensure the jobs in rural areas. We, in fact, by lan- structure, the chairman, the gen- highway user-related fees are used ex- guishing and not fulfilling our respon- tleman from Alaska (Mr. YOUNG), and sibilities are bringing about a situation clusively for highway transit and high- the ranking member, the gentleman way safety programs. and circumstance for many of our from Minnesota (Mr. OBERSTAR), and workers and many of our families and I want to just let America know that all the Members who have worked hard our economy that will not be able to we extend those protections in this ex- in a bipartisan way. I only wish that compete should, say, China decide to tension of 8 months, just as it was in their spirit of cooperation would have do as we did in the 1950s and the 1960s. underlying legislation in the past. translated to the leadership of this Mr. REYNOLDS. Mr. Speaker, will b 1100 House and the other body and the the gentleman yield? White House. We should be doing so Mr. Speaker, I reserve the balance of Mr. DAVIS of Tennessee. I yield to much better than this. We should be my time. the gentleman from New York. Mr. MCGOVERN. Mr. Speaker, I yield Mr. REYNOLDS. Mr. Speaker, I was passing a 6-year extension right now. So I urge my colleagues to vote for 3 minutes to the gentleman from Ten- listening carefully to the comments of the rule, and I urge them to vote for nessee (Mr. DAVIS). the gentleman, but I was at the point Mr. DAVIS of Tennessee. Mr. Speak- the extension; and, hopefully, we will, where I wondered if the gentleman in- sooner rather than later, get a 6-year er, as I look at this particular road bill, tends to vote for the extension or not the reauthorization, I think of com- bill. to vote for the extension, based on Mr. Speaker, I yield back the balance ments made back home, where it is your remarks. of my time. called road kill. In essence, what is Mr. DAVIS of Tennessee. Mr. Speak- Mr. REYNOLDS. Mr. Speaker, I yield happening with this legislation and the er, reclaiming my time, I would say to myself the balance of my time. reauthorization, quite frankly our the gentleman from New York that my Mr. Speaker, my colleague said it folks back home will call it road kill; intention is to vote for a reauthoriza- well, we should vote for this rule and and let me explain why. tion bill adequately funded. Unfortu- then the underlying legislation. As I We have individuals this morning nately, we do not have that option. opened my remarks, I commented that that got up in my district and districts Mr. Speaker, my hope is that we do I understand it is the election season. throughout this country and they have what is right and that we put first the So many of us have to get up and try traveled to work at the factory or at safety of the American public and pass to say something for back home on their workplace, and in many cases in the reauthorization bill at the level it whatever that may be. my district, on unsafe roads. So this should be. I have talked to planners in my years legislation will provide, if enacted, as Mr. MCGOVERN. Mr. Speaker, I yield of service, and some planners I know it should have been, will provide a safe myself the balance of my time, and let would like to have an exact fund for way for working moms and dads to go me just conclude for our side here by the entire length of their career in to work and return to their families saying that this debate is not about planning. But the reality is that this later that afternoon, and in many cases whether or not we are going to support bill is going to provide an extension working at low-wage jobs. this extension. We are all going to sup- and continuity in both planning and We have also heard that maybe we port it. That is not the issue. money to our respective States. My can pass this legislation in a lame duck What we are expressing here is a frus- State, as I outlined earlier, has a com- session. Well, that obviously is not tration that we do not have a 6-year plex transportation network and un- going to happen. But I submit to you bill. And contrary to what the gen- derstands that this extension keeps the that is what we have been doing the tleman from New York says, most funding levels the same as it has been. past year and a half: we have been hav- transportation planners that I have As a matter of fact, the opportunity of ing a lame duck session. And quite talked to, and I am sure he has talked all States will have the same funding frankly with the lame duck session we to, if he has listened to them, would levels. So we have continuity of our have been having concerning transpor- tell him that a 6-year bill is better programmatic services and dollars to tation needs, we have provided an ave- than an 8-month extension for this rea- the States and for them to also dis- nue for many of our folks back home to son: that many transportation pro- tribute as they see fit the monies that be sitting ducks, sitting ducks that un- grams require long-term planning. It is will come in this 8-month extension.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.019 H30PT1 H7874 CONGRESSIONAL RECORD — HOUSE September 30, 2004 It is not easy to formulate an agree- (b) PROGRAMMATIC DISTRIBUTIONS.— the period of October 1, 2004, through May 31, ment of an extension, and I laud Chair- (1) PROGRAMS.—Of the funds to be appor- 2005. man YOUNG of the Committee on tioned to each State under subsection (a), ‘‘(2) SPECIAL RULE.—Funds apportioned Transportation and Infrastructure and the Secretary shall ensure that the State is under section 2(a) of the Surface Transpor- apportioned an amount of the funds, deter- tation Extension Act of 2004, Part V shall be his subcommittee chairman in working mined under paragraph (2), for the Interstate subject to a limitation on obligations for with the other body to get a com- maintenance program, the National Highway Federal-aid highways and highway safety promise of extension that works so System program, the bridge program, the construction programs. well for our States as we continue this surface transportation program, the conges- ‘‘(3) CONTRACT AUTHORITY.—Funds made continuity of transportation projects tion mitigation and air quality improvement available by this subsection shall be avail- and creating and maintaining the jobs program, the recreational trails program, able for obligation in the same manner as if that these construction opportunities the Appalachian development highway sys- such funds were apportioned under chapter 1 tem program, and the minimum guarantee. exist through the transportation bill. of title 23, United States Code.’’. (2) IN GENERAL.—The amount that each (e) LIMITATION ON OBLIGATIONS.— But as we also look here, it is an oppor- State shall be apportioned under this sub- (1) IN GENERAL.—Subject to paragraph (2), tunity for us to continue to get an section for each item referred to in para- upon enactment of an Act making appropria- agreement that both bodies and the graph (1) shall be determined by multi- tions for the Department of Transportation White House will look to be a 6-year plying— for fiscal year 2005 (other than an Act or res- plan following the extension that is (A) the amount apportioned to the State olution making continuing appropriations), here. under subsection (a); by the Secretary shall distribute 8⁄12 of the obli- My colleague, the gentleman from (B) the ratio that— gation limitation for Federal-aid highways (i) the amount of funds apportioned for the and highway safety construction programs Massachusetts (Mr. MCGOVERN), has item to the State for fiscal year 2004; bears provided by such Act according to the provi- been clear. A ‘‘yes’’ vote today keeps to sions of such Act. the projects moving and keeps and pro- (ii) the total of the amount of funds appor- (2) EXCEPTIONS.—– tects jobs. A ‘‘no’’ vote puts people out tioned for the items to the State for fiscal (A) DETERMINATION OF AMOUNTS.—Any in- of work. The extension will do the job year 2004. struction in such Act that would require the and we can continue in having a multi- (3) ADMINISTRATION OF FUNDS.—Funds au- distribution or reservation of obligation lim- year plan of the future based on the re- thorized by the amendment made under sub- itation prior to distributing the remainder of section (d) shall be administered as if the the obligation limitation to the States shall sults of our actions today. So I call funds had been apportioned, allocated, de- upon my colleagues to support this be executed as if the program, project, or ac- ducted, or set aside, as the case may be, tivity for which obligation limitation is so rule and the underlying extension. under title 23, United States Code; except distributed or reserved was authorized at an Mr. Speaker, I yield back the balance that the deductions and set-asides in the fol- amount equivalent to the greater of— of my time, and I move the previous lowing sections of such title shall not apply (i) the amount authorized for such pro- question on the resolution. to such funds: sections 104(a)(1)(A), gram, project, or activity in this Act; or The previous question was ordered. 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2), (ii) 8⁄12 of the amount provided for or limi- The resolution was agreed to. 104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and tation set on such program, project, or activ- A motion to reconsider was laid on 144(g)(1). ity in the Act making appropriations for the the table. (4) SPECIAL RULES FOR MINIMUM GUAR- Department of Transportation for fiscal year Mr. YOUNG of Alaska. Mr. Speaker, ANTEE.—In carrying out the minimum guar- 2005. pursuant to House Resolution 811, I antee under section 105(c) of title 23, United (B) MINIMUM GUARANTEE.—Obligations for States Code, with funds apportioned under the period October 1, 2004, through May 31, call up the bill (H.R. 5183) to provide an this section for the minimum guarantee, the extension of highway, highway safety, 2005, shall not exceed the obligation limita- $2,800,000,000 set forth in paragraph (1) of tion distributed by this subsection, except motor carrier safety, transit, and other such section 105(c) shall be treated as being that this limitation shall not apply to programs funded out of the Highway $1,866,666,667 and the aggregate of amounts $426,000,000 in obligations for minimum guar- Trust Fund pending enactment of a law apportioned to the States under this section antee for such period. reauthorizing the Transportation Eq- for the minimum guarantee shall be treated, (3) TIME PERIOD FOR OBLIGATIONS.—After uity Act for the 21st Century, and ask for purposes of such section 105(c), as May 31, 2005, no funds shall be obligated for for its immediate consideration. amounts made available under section 105 of any Federal-aid highway program project The Clerk read the title of the resolu- such title. until the date of enactment of a multiyear (5) EXTENSION OF OFF-SYSTEM BRIDGE SET- tion. law reauthorizing the Federal-aid highway ASIDE.—Section 144(g)(3) of title 23, United program enacted after the date of enactment The SPEAKER pro tempore (Mr. MIL- States Code, is amended by inserting after of this Act. LER of Florida). Pursuant to House ‘‘2004’’ the following: ‘‘and in the period of (4) TREATMENT OF OBLIGATIONS.—Any obli- Resolution 811, the bill shall be consid- October 1, 2004, through May 31, 2005,’’. gation of obligation authority distributed ered as read for amendment: (c) REPAYMENT FROM FUTURE APPORTION- under this subsection shall be considered to The text of H.R. 5183 is as follows: MENTS.— be an obligation for Federal-aid highways H.R. 5183 (1) IN GENERAL.—The Secretary shall re- and highway safety construction programs duce the amount that would be apportioned, Be it enacted by the Senate and House of Rep- for fiscal year 2005 for the purposes of any but for this section, to a State for programs resentatives of the United States of America in obligation limitation set in an Act making under chapter 1 of title 23, United States Congress assembled, appropriations for the Department of Trans- Code, for fiscal year 2005, under a multiyear portation for fiscal year 2005. SECTION 1. SHORT TITLE. law reauthorizing the Federal-aid highway This Act may be cited as the ‘‘Surface SEC. 3. TRANSFERS OF UNOBLIGATED APPOR- program enacted after the date of enactment TIONMENTS. Transportation Extension Act of 2004, Part of this Act by the amount that is appor- V’’. (a) IN GENERAL.—In addition to any other tioned to each State under subsection (a) and authority of a State to transfer funds, for SEC. 2. ADVANCES. section 5(c) for each such program. fiscal year 2005, a State may transfer any (a) IN GENERAL.— (2) PROGRAM CATEGORY RECONCILIATION.— funds apportioned to the State for any pro- (1) APPORTIONMENT RATIO.—Except as pro- The Secretary may establish procedures gram under section 104(b) (including vided in paragraph (2), the Secretary of under which funds apportioned under sub- amounts apportioned under section 104(b)(3) Transportation shall apportion funds made section (a) for a program category for which or set aside, made available, or suballocated available under section 1101(l) of the Trans- funds are not authorized under a law de- under section 133(d)) or section 144 of title 23, portation Equity Act for the 21st Century scribed in paragraph (1) may be restored to United States Code, before, on, or after the (112 Stat. 111; 118 Stat. 876), as amended by the Federal-aid highway program. date of enactment of this Act, that are sub- this section, to each State in the ratio that— (d) AUTHORIZATION OF CONTRACT AUTHOR- ject to any limitation on obligations, and (A) the State’s total fiscal year 2004 obliga- ITY.—Section 1101 of the Transportation Eq- that are not obligated, to any other of those tion authority for funds apportioned for the uity Act for the 21st Century (112 Stat. 111– programs. Federal-aid highway program; bears to 115; 117 Stat. 1118; 118 Stat. 876) is amended (b) TREATMENT OF TRANSFERRED FUNDS.— (B) all States’ total fiscal year 2004 obliga- by adding at the end the following: Any funds transferred to another program tion authority for funds apportioned for the ‘‘(l) ADVANCE AUTHORIZATION FOR FISCAL under subsection (a) shall be subject to the Federal-aid highway program. YEAR 2005.— provisions of the program to which the funds (2) EXCEPTION.—The ratios determined ‘‘(1) IN GENERAL.—There shall be available are transferred, except that funds trans- under this subsection shall be subject to the from the Highway Trust Fund (other than ferred to a program under section 133 (other same adjustments as the adjustments made the Mass Transit Account) to carry out sec- than subsections (d)(1) and (d)(2)) of title 23, under section 105(f) of title 23, United States tion 2(a) of the Surface Transportation Ex- United States Code, shall not be subject to Code. tension Act of 2004, Part V $21,311,774,667 for section 133(d) of that title.

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(c) RESTORATION OF APPORTIONMENTS.— amended by inserting before the period at ‘‘(G) $86,666,667 for the period of October 1, (1) IN GENERAL.—As soon as practicable the end the following: ‘‘and $13,333,333 for the 2004, through May 31, 2005.’’; after the date of enactment of a multiyear period of October 1, 2004, through May 31, (B) in subsection (a)(2) by inserting after law reauthorizing the Federal-aid highway 2005’’. ‘‘2004’’ the following: ‘‘and $1,333,333 for the program enacted after the date of enactment (2) NATIONAL CORRIDOR PLANNING AND DE- period of October 1, 2004, through May 31, of this Act, the Secretary of Transportation VELOPMENT AND COORDINATED BORDER INFRA- 2005’’; and shall restore any funds that a State trans- STRUCTURE PROGRAMS.—Section 1101(a)(9) of (C) in subsection (c)— ferred under subsection (a) for any project such Act (112 Stat. 112; 118 Stat. 878) is (i) by striking ‘‘2004’’ and inserting ‘‘2005’’; not eligible for the funds but for this section amended by inserting before the period at and to the program category from which the the end the following: ‘‘and $93,333,333 for the (ii) by striking the period at the end of the funds were transferred. period of October 1, 2004, through May 31, table and inserting the following: (2) PROGRAM CATEGORY RECONCILIATION.— 2005’’. The Secretary may establish procedures (3) CONSTRUCTION OF FERRY BOATS AND ‘‘2005 ...... $1,733,333,333.’’. under which funds transferred under sub- FERRY TERMINAL FACILITIES.— (11) NATIONAL SCENIC BYWAYS CLEARING- section (a) from a program category for (A) IN GENERAL.—Section 1101(a)(10) of such HOUSE.—Section 1215(b)(3) of the Transpor- which funds are not authorized may be re- Act (112 Stat. 113; 118 Stat. 878) is amended tation Equity Act of the 21st Century (112 stored to the Federal-aid highway program. by inserting before the period at the end the Stat. 210) is amended by inserting before the (3) LIMITATION ON STATUTORY CONSTRUC- following: ‘‘and $25,333,333 for the period of period at the end ‘‘and $1,000,000 for the pe- TION.—No provision of law, except a statute October 1, 2004, through May 31, 2005’’. riod of October 1, 2004, through May 31, 2005’’. enacted after the date of enactment of this (B) SET ASIDE FOR ALASKA, NEW JERSEY, AND (b) AUTHORIZATION OF APPROPRIATIONS Act that expressly limits the application of WASHINGTON.—To carry out section 1064 of UNDER TITLE V OF TEA21.— this subsection, shall impair the authority of the Intermodal Surface Transportation Effi- (1) SURFACE TRANSPORTATION RESEARCH.— the Secretary to restore funds pursuant to ciency Act of 1991 (23 U.S.C. 129 note; 105 Section 5001(a)(1) of the Transportation Eq- this subsection. Stat. 2005; 112 Stat. 185; 118 Stat. 878), of uity Act for the 21st Century (112 Stat. 419; (d) GUIDANCE.—The Secretary may issue funds made available by the amendment 118 Stat. 879) is amended— guidance for use in carrying out this section. made by subparagraph (A)— (A) by striking ‘‘2003, and’’ and inserting (e) PROHIBITION OF TRANSFERS.—Notwith- (i) $6,666,667 shall be available for section standing any other provision of this section, ‘‘2003,’’; and 1064(d)(2); no funds may be transferred by a State under (B) by inserting after ‘‘2004’’ the following: (ii) $3,333,333 shall be available for section subsection (a)— ‘‘, and $68,666,667 for the period of October 1, 1064(d)(3); and (1) from amounts apportioned to the State 2004, through May 31, 2005’’. (iii) $3,333,333 shall be available for section for the congestion mitigation and air quality (2) TECHNOLOGY DEPLOYMENT PROGRAM.— 1064(d)(4). improvement program; and Section 5001(a)(2) of such Act (112 Stat. 419; (4) NATIONAL SCENIC BYWAYS PROGRAM.— (2) from amounts apportioned to the State 118 Stat. 879) is amended— Section 1101(a)(11) of the Transportation Eq- for the surface transportation program and (A) by striking ‘‘2003, and’’ and inserting uity Act for the 21st Century (112 Stat. 113; that are subject to any of paragraphs (1), (2), ‘‘2003,’’; and 118 Stat. 878) is amended— and (3)(A)(i) of section 133(d) of title 23, (B) by inserting after ‘‘2004’’ the following: (A) by striking ‘‘and’’ the last place it ap- United States Code. ‘‘, and $33,333,333 for the period of October 1, pears; and 2004, through May 31, 2005’’. SEC. 4. ADMINISTRATIVE EXPENSES. (B) by inserting before the period at the (3) TRAINING AND EDUCATION.—Section (a) AUTHORIZATION OF CONTRACT AUTHOR- end the following: ‘‘, and $17,666,667 for the 5001(a)(3) of such Act (112 Stat. 420; 118 Stat. ITY.—There shall be available from the High- period of October 1, 2004, through May 31, way Trust Fund (other than the Mass Tran- 879) is amended— sit Account) for administrative expenses of 2005’’. (A) by striking ‘‘2003, and’’ and inserting the Federal-aid highway program $234,682,667 (5) VALUE PRICING PILOT PROGRAM.—Section ‘‘2003,’’; and for fiscal year 2005. 1101(a)(12) of such Act (112 Stat. 113; 118 Stat. (B) by inserting after ‘‘2004’’ the following: (b) CONTRACT AUTHORITY.—Funds made 878) is amended by inserting before the pe- ‘‘, and $13,333,333 for the period of October 1, available by this section shall be available riod at the end the following: ‘‘, and $7,333,333 2004, through May 31, 2005’’. for obligation in the same manner as if such for the period of October 1, 2004, through May (4) BUREAU OF TRANSPORTATION STATIS- funds were apportioned under chapter 1 of 31, 2005’’. TICS.—Section 5001(a)(4) of such Act (112 title 23, United States Code, and shall be sub- (6) HIGHWAY USE TAX EVASION PROJECTS.— Stat. 420; 118 Stat. 879) is amended by insert- ject to a limitation on obligations for Fed- Section 1101(a)(14) of such Act (112 Stat. 113; ing before the period at the end the fol- eral-aid highways and highway safety con- 118 Stat. 878) is amended by inserting before lowing: ‘‘, and $20,666,667 for the period of Oc- struction programs; except that such funds the period at the end the following: ‘‘and tober 1, 2004, through May 31, 2005’’. shall remain available until expended. $3,333,333 for the period of October 1, 2004, (5) ITS STANDARDS, RESEARCH, OPERATIONAL SEC. 5. OTHER FEDERAL-AID HIGHWAY PRO- through May 31, 2005’’. TESTS, AND DEVELOPMENT.—Section 5001(a)(5) GRAMS. (7) COMMONWEALTH OF PUERTO RICO HIGH- of such Act (112 Stat. 420; 118 Stat. 879) is (a) AUTHORIZATION OF APPROPRIATIONS WAY PROGRAM.— amended— UNDER TITLE I OF TEA21.— (A) IN GENERAL.—Section 1101(a)(15) of such (A) by striking ‘‘2003, and’’ and inserting (1) FEDERAL LANDS HIGHWAYS.— Act (112 Stat. 113; 118 Stat. 879) is amended ‘‘2003,’’; and (A) INDIAN RESERVATION ROADS.—Section by inserting before the period at the end the (B) by inserting after ‘‘2004’’ the following: 1101(a)(8)(A) of the Transportation Equity following: ‘‘and $73,333,333 for the period of ‘‘, and $73,333,333 for the period of October 1, Act for the 21st Century (112 Stat. 112; 118 October 1, 2004, through May 31, 2005’’. 2004, through May 31, 2005’’. Stat. 877) is amended— (B) CONFORMING AMENDMENT.—Section (6) ITS DEPLOYMENT.—Section 5001(a)(6) of (i) by inserting before the period at the end 1214(r)(1) of such Act (112 Stat. 209; 117 Stat. such Act (112 Stat. 420; 118 Stat. 880) is the following: ‘‘and $183,333,333 for the period 1114) is amended by striking ‘‘2004’’ and in- amended— of October 1, 2004, through May 31, 2005’’; and serting ‘‘2005’’. (A) by striking ‘‘2003, and’’ and inserting (ii) by adding at the end the following: (8) SAFETY GRANTS.—Section 1212(i)(1)(D) of ‘‘2003,’’; and ‘‘The minimum amount made available for such Act (23 U.S.C. 402 note; 112 Stat. 196; 112 (B) by inserting after ‘‘2004’’ the following: such period that the Secretary, in coopera- Stat. 840; 118 Stat. 879) is amended by insert- ‘‘, and $81,333,333 for the period of October 1, tion with the Secretary of the Interior, shall ing before the period at the end the fol- 2004, through May 31, 2005’’. reserve for Indian reservation road bridges lowing: ‘‘and $333,333 for the period of Octo- (7) UNIVERSITY TRANSPORTATION RE- under section 202(d)(4) of title 23, United ber 1, 2004, through May 31, 2005’’. SEARCH.—Section 5001(a)(7) of such Act (112 States Code, shall be $8,666,667 instead of (9) TRANSPORTATION AND COMMUNITY AND Stat. 420; 118 Stat. 880) is amended— $13,000,000.’’. SYSTEM PRESERVATION PILOT PROGRAM.—Sec- (A) by striking ‘‘2003, and’’ and inserting (B) PUBLIC LANDS HIGHWAYS.—Section tion 1221(e)(1) of such Act (23 U.S.C. 101 note; ‘‘2003,’’; and 1101(a)(8)(B) of such Act (112 Stat. 112; 118 112 Stat. 223; 118 Stat. 879) is amended by in- (B) by inserting after ‘‘2004’’ the following: Stat. 878) is amended by inserting before the serting before the period at the end the fol- ‘‘, and $17,666,667 for the period of October 1, period at the end the following: ‘‘and lowing: ‘‘and $16,666,667 for the period of Oc- 2004, through May 31, 2005’’. $164,000,000 for the period of October 1, 2004, tober 1, 2004, through May 31, 2005’’. (c) METROPOLITAN PLANNING.— through May 31, 2005’’. (10) TRANSPORTATION INFRASTRUCTURE FI- (1) AUTHORIZATION OF CONTRACT AUTHOR- (C) PARK ROADS AND PARKWAYS.—Section NANCE AND INNOVATION.—Section 188 of title ITY.—There shall be available from the High- 1101(a)(8)(C) of such Act (112 Stat. 112; 118 23, United States Code, is amended— way Trust Fund (other than the Mass Tran- Stat. 878) is amended by inserting before the (A) in subsection (a)(1)— sit Account) to carry out section 134 of title period at the end the following: ‘‘and (i) by striking ‘‘and’’ at the end of subpara- 23, United States Code, $145,000,000 for the pe- $110,000,000 for the period of October 1, 2004, graph (E); riod of October 1, 2004, through May 31, 2005. through May 31, 2005’’. (ii) by striking the period at the end of (2) DISTRIBUTION OF FUNDS.—The Secretary (D) REFUGE ROADS.—Section 1101(a)(8)(D) of subparagraph (F) and inserting ‘‘; and’’; and shall distribute funds made available by this such Act (112 Stat. 112; 118 Stat. 878) is (iii) by adding at the end the following: subsection to the States in accordance with

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section 104(f)(2) of title 23, United States tion for fiscal year 2005 for a program cat- (g) ALLOCATIONS.—Section 2009(b) of such Code. egory for which funds are not authorized for Act (112 Stat. 338) is amended— (3) CONTRACT AUTHORITY.—Funds made fiscal year 2005 under a multiyear law reau- (1) in paragraph (1) by striking ‘‘2004’’ and available by this subsection shall be avail- thorizing the Federal-aid highway program inserting ‘‘2005’’; and able for obligation in the same manner as if enacted after the date of enactment of this (2) in paragraph (2) by striking ‘‘2004’’ and such funds were apportioned under chapter 1 Act may be restored to the Federal-aid high- inserting ‘‘2005’’. of title 23, United States Code, and shall be way program. (h) APPLICABILITY OF TITLE 23.—Section subject to a limitation on obligations for SEC. 6. EXTENSION OF HIGHWAY SAFETY PRO- 2009(c) of such Act (112 Stat. 338) is amended Federal-aid highways and highway safety GRAMS. by striking ‘‘2004’’ and inserting ‘‘2005’’. construction programs. (a) CHAPTER 1 HIGHWAY SAFETY PRO- SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY (d) TERRITORIES.—Section 1101(d)(1) of the GRAMS.— ADMINISTRATION PROGRAM. Transportation Equity Act for the 21st Cen- (1) SEAT BELT SAFETY INCENTIVE GRANTS.— (a) ADMINISTRATIVE EXPENSES.— tury (112 Stat. 111–115; 117 Stat. 1116; 118 Section 157 of title 23, United States Code, is (1) IN GENERAL.—There shall be available Stat. 880) is amended by inserting after amended— from the Highway Trust Fund (other than ‘‘2004’’ the following: ‘‘and $24,266,667 for the (A) in subsection (a)(3) by striking ‘‘2002’’ the Mass Transit Account) for the Secretary period of October 1, 2004, through May 31, and inserting ‘‘2003’’; of Transportation to pay administrative ex- 2005’’. (B) in subsection (a)(8)(B) by striking penses of the Federal Motor Carrier Safety (e) ALASKA HIGHWAY.—Section 1101(e)(1) of ‘‘2002’’ and inserting ‘‘2003’’; Administration $160,552,536 for the period of such Act (117 Stat. 1116; 118 Stat. 880) is (C) in subsection (b) by striking ‘‘2003’’ and October 1, 2004, through May 31, 2005. amended by inserting after ‘‘2004’’ the fol- inserting ‘‘2005’’; (2) USE OF FUNDS.—Funds authorized by lowing: ‘‘and $12,533,333 for the period of Oc- (D) in subsection (c)(1) by striking ‘‘2003’’ this subsection may be used for personnel tober 1, 2004, through May 31, 2005’’. and inserting ‘‘2004’’; costs; administrative infrastructure; rent; (f) OPERATION LIFESAVER.—Section (E) in subsection (c)(2) by striking ‘‘2003’’ information technology; and programs for 1101(f)(1) of such Act (117 Stat. 1117; 118 Stat. and inserting ‘‘2004’’; research and technology, regulatory develop- 880) is amended by inserting after ‘‘2004’’ the (F) in subsection (f)(4) by striking ‘‘2003’’ ment, and other operating expenses and following: ‘‘and $333,333 for the period of Oc- and inserting ‘‘2004’’; similar matters. Such funds available may tober 1, 2004, through May 31, 2005’’. (G) in subsection (g)(1)— also be used to make grants to, or enter into (g) BRIDGE DISCRETIONARY.—Section (i) by striking ‘‘and’’; and contracts with, States, local governments, or 1101(g)(1) of such Act (117 Stat. 1117; 118 Stat. (ii) by inserting before the period at the other persons for implementation of the 880) is amended by inserting after ‘‘2004’’ the end the following: ‘‘, and $74,666,667 for the Commercial Driver’s License Improvement following: ‘‘and $66,666,667 for the period of period of October 1, 2004, through May 31, Grants and the Border Enforcement Grants October 1, 2004, through May 31, 2005’’. 2005’’; programs. (h) INTERSTATE MAINTENANCE.—Section (H) in the heading to subsection (g)(3)(B) (b) MOTOR CARRIER SAFETY ASSISTANCE 1101(h)(1) of such Act (117 Stat. 1117; 118 Stat. by striking ‘‘2004’’ and inserting ‘‘2005’’; and PROGRAM.—Section 31104(a) of title 49, 880) is amended by inserting after ‘‘2004’’ the (I) in subsection (g)(3)(B) by striking United States Code, is amended by adding at following: ‘‘and $66,666,667 for the period of ‘‘2004’’ and inserting ‘‘2005’’. the end the following: October 1, 2004, through May 31, 2005’’. (2) PREVENTION OF INTOXICATED DRIVER IN- ‘‘(8) Not more than $112,512,329 for the pe- (i) RECREATIONAL TRAILS ADMINISTRATIVE CENTIVE GRANTS.—Section 163(e)(1) of such riod of October 1, 2004, through May 31, COSTS.—Section 1101(i)(1) of such Act (117 title is amended— 2005.’’. Stat. 1117; 118 Stat. 880) is amended by in- (A) by striking ‘‘and’’; and (c) INFORMATION SYSTEMS AND COMMERCIAL serting after ‘‘2004’’ the following: ‘‘and (B) by inserting before the period at the DRIVER’S LICENSE GRANTS.— $500,000 for the period of October 1, 2004, end the following: ‘‘, and $73,333,333 for the (1) AUTHORIZATION OF APPROPRIATION.—Sec- through May 31, 2005’’. period of October 1, 2004, through May 31, tion 31107(a) of such title is amended— (j) RAILWAY-HIGHWAY CROSSING HAZARD 2005’’. (A) by striking ‘‘and’’ at the end of para- ELIMINATION IN HIGH SPEED RAIL COR- (b) CHAPTER 4 HIGHWAY SAFETY PRO- graph (4); RIDORS.—Section 1101(j)(1) of such Act (117 GRAMS.—Section 2009(a)(1) of the Transpor- (B) by striking the period at the end of Stat. 1118; 118 Stat. 881) is amended— tation Equity Act for the 21st Century (112 paragraph (5) and inserting ‘‘; and’’; and (1) by inserting before ‘‘; except’’ the fol- Stat. 337; 118 Stat. 886) is amended— (C) by adding at the end the following: lowing: ‘‘and $3,500,000 for the period of Octo- (1) by striking ‘‘and’’; and ‘‘(6) $13,315,068 for the period of October 1, ber 1, 2004, through May 31, 2005’’; and (2) by inserting before the period at the end 2004 through May 31, 2005.’’. the following: ‘‘, and $110,000,000 for the pe- (2) by inserting before ‘‘for eligible’’ the (2) EMERGENCY CDL GRANTS.—From riod of October 1, 2004, through May 31, 2005’’. following: ‘‘and not less than $166,667 instead amounts made available by section 31107(a) (c) HIGHWAY SAFETY RESEARCH AND DEVEL- of $250,000 shall be available for the period of of title 49, United States Code, for the period OPMENT.—Section 2009(a)(2) of such Act (112 October 1, 2004, through May 31, 2005,’’. Stat. 337; 118 Stat. 886) is amended by insert- of October 1, 2004 through May 31, 2005, the (k) NONDISCRIMINATION.—Section 1101(k) of ing after ‘‘2004’’ the following: ‘‘, and Secretary of Transportation may make such Act (117 Stat. 1118; 118 Stat. 881) is $48,000,000 for the period of October 1, 2004, grants of up to $665,753 to a State whose com- amended— through May 31, 2005’’. mercial driver’s license program may fail to (1) in paragraph (1) by inserting after (d) OCCUPANT PROTECTION INCENTIVE meet the compliance requirements of section ‘‘2004’’ the following: ‘‘and $6,666,667 for the GRANTS.—Section 2009(a)(3) of such Act (112 31311(a) of such title. period of October 1, 2004, through May 31, Stat. 337; 118 Stat. 886) is amended— (d) CRASH CAUSATION STUDY.—There shall 2005’’; and (1) by striking ‘‘and’’ the last place it ap- be available from the Highway Trust Fund (2) in paragraph (2) by inserting after pears; and (other than the Mass Transit Account) for ‘‘2004’’ the following: ‘‘and $6,666,667 for the (2) by inserting before the period at the end the Federal Motor Carrier Safety Adminis- period of October 1, 2004, through May 31, the following: ‘‘, and $13,333,333 for the period tration to continue the crash causation 2005’’. of October 1, 2004, through May 31, 2005’’. study required by section 224 of the Motor (l) ADMINISTRATION OF FUNDS.—Funds au- (e) ALCOHOL-IMPAIRED DRIVING COUNTER- Carrier Safety Improvement Act of 1999 (49 thorized by the amendments made by this MEASURES INCENTIVE GRANTS.— U.S.C. 31100 note; 113 Stat. 1770–1771), $665,753 section shall be administered as if the funds (1) EXTENSION OF PROGRAM.—Section 410 of for the period of October 1, 2004 through May had been apportioned, allocated, deducted, or title 23, United States Code, is amended— 31, 2005. set aside, as the case may be, under title 23, (A) in subsection (a)(3) by striking ‘‘7’’ and (e) CONTRACT AUTHORITY.—Funds made United States Code, except that the deduc- inserting ‘‘8’’; and available by this section shall be available tions under sections 104(a)(1)(A) and (B) in subsection (a)(4)(C) by striking ‘‘and for obligation in the same manner as if such 104(a)(1)(B) of such title shall not apply to seventh’’ and inserting ‘‘, seventh, and funds were apportioned under chapter 1 of funds made available by the amendment eighth’’. title 23, United States Code. made by subsection (a)(1) of this section. (2) AUTHORIZATION OF APPROPRIATIONS.— (f) RULE STAY.—The hours-of-service regu- (m) REDUCTION OF ALLOCATED PROGRAMS.— Section 2009(a)(4) of such Act (112 Stat. 337; lations applicable to property-carrying com- The Secretary of Transportation shall reduce 118 Stat. 886) is amended— mercial drivers contained in the Final Rule the amount that would be made available, (A) by striking ‘‘and’’ the last place it ap- published on April 28, 2003 (68 Fed. Reg. 22456- but for this section, for fiscal year 2005 for pears; and 22517), as amended on September 30, 2003 (68 allocation under a program, that is contin- (B) by inserting before the period at the Fed. Reg. 56208-56212), and made applicable to ued both by a multiyear law reauthorizing end the following: ‘‘, and $26,666,667 for the motor carriers and drivers on January 4, such program enacted after the date of en- period of October 1, 2004, through May 31, 2004, shall be in effect until the earlier of— actment of this Act and by this section, by 2005’’. (1) the effective date of a new final rule ad- the amount made available for such program (f) NATIONAL DRIVER REGISTER.—Section dressing the issues raised by the July 16, by this section. 2009(a)(6) of such Act (112 Stat. 338; 118 Stat. 2004, decision of the United States Court of (n) PROGRAM CATEGORY RECONCILIATION.— 886) is amended by inserting after ‘‘2004’’ the Appeals for the District of Columbia in Pub- The Secretary may establish procedures following: ‘‘, and $2,400,000 for the period of lic Citizen, et al. v. Federal Motor Carrier under which funds allocated under this sec- October 1, 2004, through May 31, 2005’’. Safety Administration (No. 03-1165); or

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.005 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7877 (2) September 30, 2005. (1) in the heading to paragraph (2) by in- (2) in paragraph (2)(A) by inserting after SEC. 8. EXTENSION OF FEDERAL TRANSIT PRO- serting ‘‘AND FOR THE PERIOD OF OCTOBER 1, ‘‘2004’’ the following: ‘‘and $3,200,000 for the GRAMS. 2004, THROUGH MAY 31, 2005’’ after ‘‘2004’’; period of October 1, 2004, through May 31, (2) by striking ‘‘and’’ at the end of para- 2005’’; (a) ALLOCATING AMOUNTS.—Section 5309(m) graphs (2)(A)(v) and (2)(B)(v); (3) in paragraph (2)(B) by inserting after of title 49, United States Code, is amended— (3) by striking the period at the end of ‘‘2004’’ the following: ‘‘and $800,000 for the pe- (1) in the matter preceding subparagraph paragraphs (2)(A)(vi) and (2)(B)(vi) and in- riod of October 1, 2004, through May 31, 2005’’; (A) of paragraph (1) by inserting ‘‘and for the serting ‘‘; and’’; and period of October 1, 2004, through May 31, (4) by adding at the end of paragraph (2)(A) (4) in paragraphs (2)(C)(i) and (2)(C)(iii) by 2005’’ after ‘‘2004’’; the following: inserting after ‘‘fiscal year’’ the following: (2) in paragraph (2)(B) by inserting after ‘‘(vii) $1,740,960,000 for the period of Octo- ‘‘(other than for the period of October 1, 2004, clause (ii) the following: ber 1, 2004, through May 31, 2005.’’; and through May 31, 2005)’’. ‘‘(iii) OCTOBER 1, 2004 THROUGH MAY 31, 2005.— (5) by adding at the end of paragraph (2)(B) (j) ALLOCATION OF UNIVERSITY TRANSPOR- Of the amounts made available under para- the following: TATION RESEARCH FUNDS.— graph (1)(B), $6,933,333 shall be available for ‘‘(vii) $435,240,000 for the period of October (1) IN GENERAL.—Of the amounts made the period of October 1, 2004, through May 31, 1, 2004, through May 31, 2005.’’. available under section 5338(e)(2)(A) of title 2005, for capital projects described in clause (f) PLANNING AUTHORIZATIONS AND ALLOCA- 49, United States Code, for the period Octo- (i).’’; TIONS.—Section 5338(c) is amended— ber 1, 2004, through May 31, 2005— (3) in paragraph (3)(B) by inserting after (1) in the heading to paragraph (2) by in- (A) $1,333,333 shall be available for the cen- ‘‘2004’’ the following: ‘‘(and $2,000,000 shall be serting ‘‘AND FOR THE PERIOD OF OCTOBER 1, ter identified in section 5505(j)(4)(A) of such available for the period October 1, 2004, 2004, THROUGH MAY 31, 2005’’ after ‘‘2004’’; title; and through May 31, 2005)’’; and (2) by striking ‘‘and’’ at the end of para- (B) $1,333,333 shall be available for the cen- (4) in paragraph (3)(C) by inserting after graphs (2)(A)(v) and (2)(B)(v); ter identified in section 5505(j)(4)(F) of such ‘‘2004)’’ the following: ‘‘, and $33,333,333 shall (3) by striking the period at the end of title. be available for the period October 1, 2004, paragraphs (2)(A)(vi) and (2)(B)(vi) and in- (2) TRAINING AND CURRICULUM DEVELOP- through May 31, 2005,’’. serting ‘‘; and’’; MENT.—Notwithstanding section 5338(e)(2) of (b) APPORTIONMENT OF APPROPRIATIONS FOR (4) by adding at the end of paragraph (2)(A) such title, any amounts made available FIXED GUIDEWAY MODERNIZATION.—The Sec- the following: under such section for the period October 1, retary of Transportation shall determine the ‘‘(vii) $41,813,334 for the period of October 1, 2004, through May 31, 2005, that remain after amount that each urbanized area is to be ap- 2004, through May 31, 2005.’’; distribution under paragraph (1), shall be portioned for fixed guideway modernization (5) by adding at the end of paragraph (2)(B) available for the purposes identified in sec- under section 5337 of title 49, United States the following: tion 3015(d) of the Transportation Equity Act Code, on a pro rata basis to reflect the par- ‘‘(vii) $10,453,333 for the period of October 1, for the 21st Century (112 Stat. 857). tial fiscal year 2005 funding made available 2004, through May 31, 2005.’’; and (3) CONFORMING AMENDMENT.—Section by sections 5338(b)(2)(A)(vii) and (6) in paragraph (2)(C) by inserting ‘‘or any 3015(d)(2) of the Transportation Equity Act 5338(b)(2)(B)(vii) of such title. portion of a fiscal year’’ after ‘‘fiscal year’’. for the 21st Century (112 Stat. 857; 118 Stat. (c) FORMULA GRANTS AUTHORIZATIONS.— (g) RESEARCH AUTHORIZATIONS.—Section 884) is amended by inserting ‘‘or in the pe- Section 5338(a) of such title is amended— 5338(d) of such title is amended— riod October 1, 2004, through May 31, 2005’’ (1) in the heading to paragraph (2) by in- (1) in the heading to paragraph (2) by in- after ‘‘2004’’. serting ‘‘AND FOR THE PERIOD OF OCTOBER 1, serting ‘‘AND FOR THE PERIOD OF OCTOBER 1, (k) ADMINISTRATION AUTHORIZATIONS.—Sec- 2004, THROUGH MAY 31, 2005’’ after ‘‘2004’’; 2004, THROUGH MAY 31, 2005’’ after ‘‘2004’’; tion 5338(f) of such title is amended— (2) by striking ‘‘and’’ at the end of para- (2) by striking ‘‘and’’ at the end of para- (1) in the heading to paragraph (2) by in- graphs (2)(A)(v) and (2)(B)(v); graphs (2)(A)(v) and (2)(B)(v); serting ‘‘AND FOR THE PERIOD OF OCTOBER 1, (3) by striking the period at the end of (3) by striking the period at the end of 2004, THROUGH MAY 31, 2005’’ after ‘‘2004’’; paragraphs (2)(A)(vi) and (2)(B)(vi) and in- paragraphs (2)(A)(vi) and (2)(B)(vi) and in- (2) by striking ‘‘and’’ at the end of para- serting ‘‘; and’’; serting ‘‘; and’’; graphs (2)(A)(v) and (2)(B)(v); (4) by adding at the end of paragraph (2)(A) (4) by adding at the end of paragraph (2)(A) (3) by striking the period at the end of the following: the following: paragraphs (2)(A)(vi) and (2)(B)(vi) and in- ‘‘(vii) $2,201,760,000 for the period of Octo- ‘‘(vii) $28,266,667 for the period of October 1, serting ‘‘; and’’; ber 1, 2004, through May 31, 2005.’’; 2004, through May 31, 2005.’’; (4) by adding at the end of paragraph (2)(A) (5) by adding at the end in paragraph (2)(B) (5) by adding at the end of paragraph (2)(B) the following: the following: the following: ‘‘(vii) $41,600,000 for the period of October 1, ‘‘(vii) $550,440,000 for the period of October ‘‘(vii) $7,066,667 for the period of October 1, 2004, through May 31, 2005.’’; and 1, 2004, through May 31, 2005.’’; and 2004, through May 31, 2005.’’; and (5) by adding at the end of paragraph (2)(B) (6) in paragraph (2)(C) by striking ‘‘2003’’ (6) in paragraph (2)(C) by inserting after ‘‘a the following: and inserting the following: ‘‘2005 (other fiscal year’’ the following: ‘‘(other than for ‘‘(vii) $10,400,000 for the period of October 1, than for the period of October 1, 2004, the period of October 1, 2004, through May 31, 2004, through May 31, 2005.’’. through May 31, 2005)’’. 2005)’’. (l) JOB ACCESS AND REVERSE COMMUTE PRO- (h) ALLOCATION OF RESEARCH FUNDS FOR GRAM.—Section 3037(l) of the Transportation (d) ALLOCATION OF FORMULA GRANT FUNDS OCTOBER 1, 2004, THROUGH MAY 31, 2005.—Of Equity Act for the 21st Century (49 U.S.C. FOR OCTOBER 1, 2004, THROUGH MAY 31, 2005.— the funds made available by or appropriated 5309 note; 112 Stat. 391–392; 118 Stat. 884) is Of the aggregate of amounts made available under section 5338(d)(2) of title 49, United amended— by and appropriated under section 5338(a)(2) States Code, for the period of October 1, 2004, (1) by striking ‘‘and’’ at the end of para- of title 49, United States Code, for the period through May 31, 2005— graphs (1)(A)(v) and (1)(B)(v); of October 1, 2004, through May 31, 2005— (1) not less than $3,500,000 shall be avail- (2) by striking the period at the end of (1) $3,233,300 shall be available to the Alas- able for providing rural transportation as- paragraphs (1)(A)(vi) and (1)(B)(vi) and in- ka Railroad for improvements to its pas- sistance under section 5311(b)(2) of such title; serting ‘‘; and’’; senger operations under section 5307 of such (2) not less than $5,500,000 shall be avail- (3) by adding at the end of paragraph (1)(A) title; able for carrying out transit cooperative re- the following: (2) $33,333,333 shall be available for clean search programs under section 5313(a) of such ‘‘(vii) $80,000,000 for the period of October 1, fuels formula grants under section 5308 of title; 2004, through May 31, 2005.’’; such title; (3) not less than $2,666,667 shall be avail- (4) by adding at the end of paragraph (1)(B) (3) $65,064,001 shall be available to provide able to carry out programs under the Na- the following: transportation services to elderly individ- tional Transit Institute under section 5315 of ‘‘(vii) $20,000,000 for the period of October 1, uals and individuals with disabilities under such title, including not more than $666,667 2004, through May 31, 2005.’’; and section 5310 of such title; shall be available to carry out section (5) by inserting before the period at the end (4) $172,690,702 shall be available to provide 5315(a)(16) of such title; and of paragraph (2) the following: ‘‘; except that financial assistance for other than urbanized (4) any amounts not made available under in the period of October 1, 2004, through May areas under section 5311 of such title; paragraphs (1) through (3) shall be available 31, 2005, not more than $6,666,667 shall be used (5) $4,633,333 shall be available to provide for carrying out national planning and re- for such projects’’. financial assistance in accordance with sec- search programs under sections 5311(b)(2), (m) RURAL TRANSPORTATION ACCESSIBILITY tion 3038(g) of the Transportation Equity Act 5312, 5313(a), 5314, and 5322 of such title. INCENTIVE PROGRAM.—Section 3038(g) of such for the 21st Century; and (i) UNIVERSITY TRANSPORTATION RESEARCH Act (49 U.S.C. 5310 note; 112 Stat. 393; 118 (6) $2,473,245,331 shall be available to pro- AUTHORIZATIONS.—Section 5338(e) of such Stat. 885) is amended— vide financial assistance for urbanized areas title is amended— (1) by adding at the end of paragraph (1) under section 5307 of such title. (1) in the heading to paragraph (2) by in- the following: (e) CAPITAL PROGRAM AUTHORIZATIONS.— serting ‘‘AND FOR THE PERIOD OF OCTOBER 1, ‘‘(G) $3,500,000 for the period of October 1, Section 5338(b) of such title is amended— 2004, THROUGH MAY 31, 2005’’ after ‘‘2004’’; 2004, through May 31, 2005.’’; and

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.005 H30PT1 H7878 CONGRESSIONAL RECORD — HOUSE September 30, 2004 (2) in paragraph (2) by inserting after (2) by redesignating paragraph (5) as para- (2) Redesignate paragraphs (9) through (16) ‘‘2004’’ the following: ‘‘(and $1,133,333 shall be graph (6); and as paragraphs (2) through (9). available for the period of October 1, 2004, (3) by inserting after paragraph (4) the fol- (c) CATEGORY DEFINED.—Section 250(c)(4) of through May 31, 2005)’’. lowing: the Balanced Budget and Emergency Deficit (n) URBANIZED AREA FORMULA GRANTS.— ‘‘(5) FIRST 8 MONTHS OF FISCAL YEAR 2005.— Control Act of 1985 is amended— Section 5307(b) of title 49, United States For the period of October 1, 2004, through (1) in subparagraph (B) by inserting after Code, is amended— May 31, 2005, of the balance of each annual ‘‘Century’’ the following: ‘‘and the Surface (1) in the heading to paragraph (2) by in- appropriation remaining after making the Transportation Extension Act of 2004, Part serting ‘‘AND FOR THE PERIOD OF OCTOBER 1, distribution under subsection (a), an amount V’’; and 2004, THROUGH MAY 31, 2005’’ after ‘‘2004’’; and equal to $54,666,664, reduced by 82 percent of (2) in subparagraph (C)— (2) in paragraph (2)(A) by inserting ‘‘and the amount appropriated for that fiscal year (A) by inserting after ‘‘Century’’ the first for the period of October 1, 2004, through May from the Boat Safety Account of the Aquatic place it appears the following: ‘‘and the Sur- 31, 2005’’ after ‘‘2004,’’. Resources Trust Fund established by section face Transportation Extension Act of 2004, (o) OBLIGATION CEILING.—Section 3040 of 9504 of the Internal Revenue Code of 1986 to Part V’’; and the Transportation Equity Act for the 21st carry out the purposes of section 13106(a) of (B) by striking ‘‘that Act’’ and inserting Century (112 Stat. 394; 118 Stat. 885) is title 46, United States Code, shall be used as ‘‘those Acts’’. amended— follows: (d) CONFORMANCE WITH THE CONCURRENT (1) by striking ‘‘and’’ at the end of para- ‘‘(A) $6,666,664 shall be available to the Sec- RESOLUTION ON THE BUDGET FOR FISCAL YEAR graph (5); retary of the Interior for 3 fiscal years for 2005.—Notwithstanding any other provision (2) by striking the period at the end of obligation for qualified projects under sec- of law, all adjustments made pursuant to paragraph (6) and inserting ‘‘; and’’; and tion 5604(c) of the Clean Vessel Act of 1992 (33 section 110(a)(2) of title 23, United States (3) by adding at the end the following: U.S.C. 1322 note). Code, to sums authorized to be appropriated ‘‘(7) $5,172,000,000 for the period of October ‘‘(B) $5,333,334 shall be available to the Sec- from the Highway Trust Fund (other than 1, 2004, through May 31, 2005.’’. retary of the Interior for 3 fiscal years for the Mass Transit Account) to carry out each (p) FUEL CELL BUS AND BUS FACILITIES obligation for qualified projects under sec- of the Federal-aid highway and highway PROGRAM.—Section 3015(b) of such Act (112 tion 7404(d) of the Sportfishing and Boating safety construction programs (other than Stat. 361; 118 Stat. 885) is amended by insert- Safety Act of 1998 (16 U.S.C. 777g–1(d)). emergency relief) in fiscal year 2005 shall be ing ‘‘(or, in the case of the period of October ‘‘(C) The balance remaining after the appli- deemed to be zero. 1, 2004, through May 31, 2005, $3,233,333)’’ after cation of subparagraphs (A) and (B) shall be (e) SENSE OF CONGRESS ON ADJUSTMENT TO ‘‘$4,850,000’’. transferred to the Secretary of Transpor- ALIGN HIGHWAY SPENDING WITH REVENUES.— (q) ADVANCED TECHNOLOGY PILOT tation and shall be expended for State rec- It is the sense of Congress that, in any PROJECT.—Section 3015(c)(2) of such Act (49 reational boating safety programs under sec- multiyear reauthorization of the Federal-aid U.S.C. 322 note; 112 Stat. 361; 118 Stat. 885) is tion 13106 of title 46, United States Code.’’. highway program, the alignment of highway amended— (c) BOAT SAFETY FUNDS.—Section 13106(c) spending with revenues under section (1) by inserting ‘‘and for the period of Octo- of title 46, United States Code, is amended to 251(b)(1)(B)(ii) of the Balanced Budget and ber 1, 2004, through May 31, 2005,’’ after read as follows: Emergency Deficit Control Act of 1985 should ‘‘2004,’’; and ‘‘(c)(1) Of the amount transferred to the be restructured to minimize year-to-year (2) by inserting ‘‘and $3,333,333 for such pe- Secretary of Transportation under paragraph fluctuations in highway spending levels and riod’’ after ‘‘$5,000,000 per fiscal year’’. (5)(C) of section 4(b) of the Dingell-Johnson to ensure the uniform enforcement of such (r) PROJECTS FOR NEW FIXED GUIDEWAY Sport Fish Restoration Act (16 U.S.C. levels. SYSTEMS AND EXTENSIONS TO EXISTING SYS- 777c(b)), $3,333,336 is available to the Sec- (f) SENSE OF CONGRESS ON FULLY GUARAN- TEMS.—Section 3030 of such Act (112 Stat. retary for payment of expenses of the Coast TEED FUNDING.—It is the sense of Congress— 373–381; 118 Stat. 885) is amended— Guard for personnel and activities directly (1) in any multiyear law reauthorizing of (1) in subsections (a) and (b) by inserting related to coordinating and carrying out the the Federal-aid highway program enacted ‘‘and for the period of October 1, 2004, national recreational boating safety pro- after the date of the enactment of this Act, through May 31, 2005,’’ after ‘‘2004’’; and gram under this title, of which $1,333,336 the level of obligation limitations for fiscal (2) in subsection (c)(1) by inserting ‘‘and shall be available to the Secretary only to year 2005 under the highway category and for the period of October 1, 2004, through May ensure compliance with chapter 43 of this the mass transit category in section 8103 of 31, 2005’’ after ‘‘2004’’. title. the Transportation Equity Act for the 21st (s) NEW JERSEY URBAN CORE PROJECT.— Subparagraphs (A), (B), and (C) of section ‘‘(2) No funds available to the Secretary Century (2 U.S.C. 901 note), as amended and 3031(a)(3) of the Intermodal Surface Trans- under this subsection may be used to replace extended, should equal the obligation limita- portation Efficiency Act of 1991 (105 Stat. funding traditionally provided through gen- tions for such categories authorized in such 2122; 112 Stat. 379; 118 Stat. 885) are amended eral appropriations, nor for any purposes ex- multiyear law; by inserting ‘‘and for the period of October 1, cept those purposes authorized by this sec- (2) the highway account category obliga- 2004, through May 31, 2005,’’ after ‘‘2004,’’. tion. tion limitation level for fiscal year 2005 (t) TREATMENT OF FUNDS.—Amounts made ‘‘(3) Amounts made available by this sub- should be equal to the sum of the Federal available under the amendments made by section shall remain available until ex- Highway Administration, National Highway this section shall be treated for purposes of pended. Safety Administration, and Federal Motor section 1101(b) of the Transportation Equity ‘‘(4) The Secretary shall publish annually Carrier Safety Administration obligation Act for the 21st Century (23 U.S.C. 101 note) in the Federal Register a detailed account- limitations for fiscal year 2005 in such as amounts made available for programs ing of the projects, programs, and activities multiyear law; and under title III of such Act. funded under this subsection.’’. (3) the mass transit category obligation (u) LOCAL SHARE.—Section 3011(a) of the SEC. 10. BUDGET LIMITATIONS. limitation level for fiscal year 2005 should be Transportation Equity Act for the 21st Cen- (a) ADJUSTMENTS TO ANNUALIZED DISCRE- equal to the sum of budget authority and ob- tury (49 U.S.C. 5307 note; 118 Stat. 637; 118 TIONARY SPENDING LIMITS.—In the matter ligation limitation authorizations for Fed- Stat. 708; 118 Stat. 886) is amended by insert- that precedes subparagraph (A) of section eral Transit Administration programs for ing ‘‘and for the period of October 1, 2004, 251(b)(2) of the Balanced Budget and Emer- fiscal year 2005 in such multiyear reauthor- through May 31, 2005’’ after ‘‘2004’’. gency Deficit Control Act of 1985, strike ization. SEC. 9. SPORT FISHING AND BOATING SAFETY. ‘‘through 2002’’. SEC. 11. LEVEL OF OBLIGATION LIMITATIONS. (a) FUNDING FOR NATIONAL OUTREACH AND (b) DISCRETIONARY SPENDING LIMITS.—Sec- (a) HIGHWAY CATEGORY.—Section 8103(a) of COMMUNICATIONS PROGRAM.—Section 4(c) of tion 251(c) of the Balanced Budget and Emer- the Transportation Equity Act for the 21st the Dingell-Johnson Sport Fish Restoration gency Deficit Control Act of 1985 is amended Century (2 U.S.C. 901 note; 112 Stat. 492; 117 Act (16 U.S.C. 777c(c)) is amended— as follows: Stat. 1128) is amended— (1) by striking ‘‘and’’ at the end of para- (1) Strike paragraphs (1) through (7) and (1) by striking ‘‘and’’ at the end of paragraph (5); redesignate paragraph (8) (which relates to graph (5); (2) by inserting ‘‘and’’ after the semicolon fiscal year 2005) as paragraph (1) and in such (2) by striking the period at the end of at the end of paragraph (6); and redesignated paragraph strike ‘‘(1) with re- paragraph (6) and inserting ‘‘; and’’; and (3) by inserting after paragraph (6) the fol- spect to fiscal year 2005’’, redesignate the re- (3) by adding at the end the following: lowing: maining matter as subparagraph (C), and be- ‘‘(7) for fiscal year 2005, $35,392,000,000.’’. ‘‘(7) $6,666,664 for the period of October 1, fore such redesignated matter insert the fol- (b) MASS TRANSIT CATEGORY.—Section 2004, through May 31, 2005;’’. lowing: 8103(b) of such Act (2 U.S.C. 901 note; 112 (b) CLEAN VESSEL ACT FUNDING.—Section ‘‘(1) with respect to fiscal year 2005— Stat. 492; 117 Stat. 1128) is amended— 4(b) of such Act (16 U.S.C. 777c(b)) is amend- ‘‘(A) for the highway category: (1) by striking ‘‘and’’ at the end of para- ed— $31,113,000,000 in outlays; graph (5); (1) in paragraph (4) by striking the para- ‘‘(B) for the mass transit category: (2) by striking the period at the end of graph heading and inserting ‘‘FISCAL YEAR $1,453,000,000 in new budget authority and paragraph (6) and inserting ‘‘; and’’; and 2004’’; $6,535,000,000 in outlays; and’’. (3) by adding at the end the following:

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‘‘(7) for fiscal year 2005, $7,265,000,000.’’. State under this subsection for the fiscal (1) SPORT FISH RESTORATION ACCOUNT.— (c) TREATMENT OF FUNDS.—Notwith- year shall be $1,000,000. Paragraph (2) of section 9504(b) of the Inter- standing any other provision of law, funds (2) AUTHORIZATION.—There are authorized nal Revenue Code of 1986 is amended by made available under this Act, including the to be appropriated out of the Highway Trust striking ‘‘Surface Transportation Extension amendments made by this Act, shall be Fund (other than the Mass Transit Account) Act of 2004, Part IV’’ each place it appears deemed to be zero for the purposes of section such sums as may be necessary to carry out and inserting ‘‘Surface Transportation Ex- 110 of the title 23, United States Code. this subsection for fiscal year 2004. tension Act of 2004, Part V’’. SEC. 12. EXTENSION OF HIGHWAY PROGRAMS (3) ADMINISTRATION OF FUNDS.—Funds ap- (2) BOAT SAFETY ACCOUNT.—Subsection (c) THROUGH END OF FISCAL YEAR portioned to a State under this subsection— of section 9504 of such Code is amended— 2004. (A) shall be available for obligation in the (A) by striking ‘‘October 1, 2004’’ and in- (a) ADVANCES.—Section 2(a) of the Surface same manner as if such funds were appor- serting ‘‘June 1, 2005’’, and Transportation Extension Act of 2003 (23 tioned to the State under chapter 1 of title (B) by striking ‘‘Surface Transportation U.S.C. 104 note; 117 Stat. 1110; 118 Stat. 876) is 23, United States Code; Extension Act of 2004, Part IV’’ and inserting amended by striking ‘‘and the Surface Trans- (B) shall be combined with funds appor- ‘‘Surface Transportation Extension Act of portation Extension Act of 2004, Part IV’’ tioned to the State for the minimum guar- 2004, Part V’’. and inserting ‘‘the Surface Transportation antee program under section 2(a) of the Sur- (3) EXCEPTION TO LIMITATION ON TRANS- Extension Act of 2004, Part IV, and the Sur- face Transportation Extension Act of 2003; FERS.—Paragraph (2) of section 9504(d) of face Transportation Extension Act of 2004, and such Code is amended by striking ‘‘October 1, Part V’’. (C) shall be administered in the same man- 2004’’ and inserting ‘‘June 1, 2005’’. (b) AUTHORIZATION OF CONTRACT AUTHOR- ner as funds apportioned under section 105 of (c) ALL ALCOHOL FUEL TAXES TRANSFERRED ITY.—Section 1101(c)(1) of the Transportation such title. TO HIGHWAY TRUST FUND FOR FISCAL YEAR Equity Act for the 21st Century (117 Stat. (4) OBLIGATION LIMITATION.—Funds appor- 2004.—Subparagraphs (E) and (F) of section 1111; 118 Stat. 876) is amended by striking tioned under this subsection shall be subject 9503(b)(4) (relating to certain taxes not trans- ‘‘the period of October 1, 2003, through Sep- to any limitation on obligations for Federal- ferred to Highway Trust Fund) are each tember 24,’’ and inserting ‘‘fiscal year’’. aid highways and highway safety construc- amended by inserting ‘‘before October 1, 2003, (c) LIMITATION ON OBLIGATIONS.—Section tion programs. and for the period beginning after September 2(e) of the Surface Transportation Extension (g) CALCULATION OF ESTIMATED TRUST FUND 30, 2004, and’’ before ‘‘before October 1, 2005’’. Act of 2003 (117 Stat. 1111; 118 Stat. 478; 118 CONTRIBUTIONS.—The amendment made by (d) EFFECTIVE DATE.— Stat. 876) is amended— section 13(c) of this Act shall have no effect (1) IN GENERAL.—Except as provided in (1) by striking paragraphs (1) through (4) on the estimates of tax payments attrib- paragraph (2), the amendments made by this and inserting: utable to highway users in each State paid section shall take effect on the date of the ‘‘(1) DISTRIBUTION OF OBLIGATION AUTHOR- into the Highway Trust Fund for purposes of enactment of this Act. ITY.—For the fiscal year 2004, the Secretary apportioning funds to States in fiscal year (2) TRANSFERS TO HIGHWAY TRUST FUND.— shall distribute the obligation limitation 2004 until enactment of a multiyear law re- The amendments made by subsection (c) made available for Federal-aid highways and authorizing surface transportation pro- shall apply to taxes imposed after September highway safety construction programs under grams. 30, 2003. the heading ‘Federal-aid highways’ in the (e) TEMPORARY RULE REGARDING ADJUST- Transportation, Treasury, and Independent SEC. 13. EXTENSION OF AUTHORIZATION FOR MENTS.—During the period beginning on the Agencies Appropriations Act, 2004 (division F USE OF TRUST FUNDS FOR OBLIGA- TIONS UNDER TEA–21. date of the enactment of the Surface Trans- of Public Law 108-199; 118 Stat. 291; 118 Stat. portation Extension Act of 2003 and ending 1013), in accordance with section 110 of such (a) HIGHWAY TRUST FUND.— (1) IN GENERAL.—Paragraph (1) of section on May 31, 2005, for purposes of making any Act.’’; and estimate under section 9503(d) of the Internal (2) by redesignating paragraph (5) as para- 9503(c) of the Internal Revenue Code of 1986 is amended— Revenue Code of 1986 of receipts of the High- graph (2). way Trust Fund, the Secretary of the Treas- (d) PERIOD OF AVAILABILITY.—Obligation (A) in the matter before subparagraph (A), ury shall treat— authority made available for fiscal year 2004 by striking ‘‘October 1, 2004’’ and inserting (1) each expiring provision of paragraphs under section 2 of the Surface Transpor- ‘‘June 1, 2005’’, (1) through (4) of section 9503(b) of such Code tation Extension Act of 2003 as a result of (B) by striking ‘‘or’’ at the end of subpara- which is related to appropriations or trans- the amendments made by this section, that graph (I), fers to such Fund to have been extended is in addition to obligation authority pre- (C) by striking the period at the end of sub- through the end of the 24-month period re- viously made available for fiscal year 2004 paragraph (J) and inserting ‘‘, or’’, ferred to in section 9503(d)(1)(B) of such Code, under section 2 of such Act (117 Stat. 1110; 118 (D) by inserting after subparagraph (J) the and Stat. 478; 118 Stat. 627; 118 Stat. 698; 118 Stat. following new subparagraph: (2) with respect to each tax imposed under 876), shall remain available for obligation ‘‘(K) authorized to be paid out of the High- the sections referred to in section 9503(b)(1) during fiscal years 2004 and 2005, or for addi- way Trust Fund under the Surface Transpor- of such Code, the rate of such tax during the tional fiscal years if so made available in a tation Extension Act of 2004, Part V.’’, and 24-month period referred to in section law enacted before the date of enactment of (E) in the matter after subparagraph (K), 9503(d)(1)(B) of such Code to be the same as this Act. as added by this paragraph, by striking the rate of such tax as in effect on the date (e) PAYMENT FROM FUTURE APPORTION- ‘‘Surface Transportation Extension Act of of the enactment of the Surface Transpor- MENTS.—The Surface Transportation Exten- 2004, Part IV’’ and inserting ‘‘Surface Trans- sion Act of 2003 (117 Stat. 1110) is amended— portation Extension Act of 2004, Part V’’. tation Extension Act of 2003. (f) APPORTIONMENT OF HIGHWAY TRUST (1) by striking section 2(c) (117 Stat. 1111; (2) MASS TRANSIT ACCOUNT.—Paragraph (3) FUNDS FOR FISCAL YEAR 2004.—Section 118 Stat. 877); of section 9503(e) of such Code is amended— 9503(d)(3) of the Internal Revenue Code of (2) by striking section 3(c)(1) (117 Stat. (A) in the matter before subparagraph (A), 1986 shall not apply to any apportionment to 1112) and inserting the following: by striking ‘‘October 1, 2004’’ and inserting the States of the amounts authorized to be ‘‘(1) IN GENERAL.—As soon as practicable ‘‘June 1, 2005’’, appropriated from the Highway Trust Fund after the date of enactment of the Surface (B) in subparagraph (G), by striking ‘‘or’’ for the fiscal year ending September 30, 2004. Transportation Extension Act of 2004, Part at the end of such subparagraph, V, the Secretary of Transportation shall re- (C) in subparagraph (H), by inserting ‘‘or’’ The SPEAKER pro tempore. Pursu- store any funds that a State transferred at the end of such subparagraph, ant to House Resolution 811, the gen- under subsection (a).’’; and (D) by inserting after subparagraph (H) the tleman from Alaska (Mr. YOUNG) and following new subparagraph: (3) by striking section 5(n) (117 Stat. 1119; the gentleman from Illinois (Mr. LIPIN- ‘‘(I) the Surface Transportation Extension 118 Stat. 483; 118 Stat. 632; 118 Stat. 703; 118 SKI) each will control 30 minutes. Act of 2004, Part V,’’, and Stat. 881). The Chair recognizes the gentleman (f) SUPPLEMENTAL MINIMUM GUARANTEE.— (E) in the matter after subparagraph (I), as (1) GENERAL RULE.—For fiscal year 2004, added by this paragraph, by striking ‘‘Sur- from Alaska (Mr. YOUNG). the Secretary shall allocate among the face Transportation Extension Act of 2004, Mr. YOUNG of Alaska. Mr. Speaker, I States amounts sufficient to ensure that Part IV’’ and inserting ‘‘Surface Transpor- yield myself such time as I may con- each State’s percentage of the total appor- tation Extension Act of 2004, Part V’’. sume. tionments for such fiscal year pursuant to (3) EXCEPTION TO LIMITATION ON TRANS- (Mr. YOUNG of Alaska asked and was sections 2(a) and 5(c) of the Surface Trans- FERS.—Subparagraph (B) of section 9503(b)(5) given permission to revise and extend portation Extension Act of 2003 and amounts of such Code is amended by striking ‘‘Octo- his remarks.) ber 1, 2004’’ and inserting ‘‘June 1, 2005’’. apportioned under this section shall equal Mr. YOUNG of Alaska. Mr. Speaker, the percentage listed for each State in sec- (4) CONFORMING AMENDMENT.—Subsection tion 105(b) of title 23, United States Code. (a) of section 10 of the Surface Transpor- much has been said during the rule The shares in such section shall be adjusted tation Extension Act of 2004, Part IV is about the obvious need for this exten- in accordance with section 105(f) of such amended by striking paragraph (4). sion, and I will agree with those who title. The minimum amount allocated to a (b) AQUATIC RESOURCES TRUST FUND.— say we need a finalization of the 6-year

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.005 H30PT1 H7880 CONGRESSIONAL RECORD — HOUSE September 30, 2004 bill; but this extension gives us time to continue to work to finish this job and I urge my colleagues to support the pas- allow the States to go forth with their to work with the other body to arrive sage of H.R. 5183 today. It is vitally important construction, with their projects that at a conclusion that I think is long that this bill be passed by both the House and are necessary, and to keep some sta- overdue. senate today, delivered to the President—the bility in our continued efforts to im- In closing, Mr. Speaker, I would sug- bill must be flown down to Florida—and prove the transportation system in this gest to this body that we are on the signed before midnight tonight. Our economy great Nation of ours. cusp of a disaster in transportation if cannot withstand the shutdown of the national I truly believe this will be the last we do not act soon. We are gathering in surface transportation programs. extension. I have endeavored and will population more each day. We are im- Mr. LIPINSKI. Mr. Speaker, I yield continue to work until we sine die to porting more each day, we are export- myself such time as I may consume. try to make a finalization of the 6-year ing more each day, and we are becom- (Mr. LIPINSKI asked and was given bill. I want to make sure everybody un- ing more congested each day. I am hop- permission to revise and extend his re- derstands that just because this is an 8- ing that my State Governors, my State marks.) month extension, it does not mean we legislators, my State department of Mr. LIPINSKI. Mr. Speaker, on Sep- have to wait 8 months to get it done. If transportation and my mayors, all tember 29, the bipartisan leadership of I can get it done next week, we are those people understand they too have the Committee on Transportation and going to get it done. If I can get it done to participate in solving this problem. Infrastructure introduced H.R. 5183, the the week after that, if we are not here, It just cannot come from this body. Surface Transportation Extension Act I cannot do that, but if we can get it They too must participate with ambi- of 2004. H.R. 5183 would extend our Na- done during the lame duck, we can do tious and visionary ideas in helping to tion’s surface transportation programs it then. Or we can do it in February, solve our transportation problems. for an additional 8 months, through March, April, May, June, July, or in We all must work together. If we do May 31, 2005. While I fully support this that period of time. Whatever we have not, we do not leave the appropriate extension, I am certainly not pleased to do, we will do to continue to im- legacy behind us so this country can that we need to consider such a meas- prove our transportation system in our continue to grow. I will say, Mr. ure once again. This is the fifth such great Nation. Speaker, there are some in this coun- extension we are considering since our May I suggest, respectfully, since try that do not want to improve the highway and transit programs expired some have spoken on this bill about transportation system, because they exactly 1 year ago. the reauthorization, our committee has realize if they do not improve upon it, Earlier this year, my colleagues in this body labored long and very hard to done its work. The gentleman from Illi- then our ability to be competitive and pass H.R. 3550. In writing TEA–LU, our nois (Mr. LIPINSKI), I see, is managing to be the leaders of the free world will committee considered the interests and the bill today instead of the gentleman not occur. So I suggest to this body we needs of almost every single Member of from Minnesota (Mr. OBERSTAR). We must awaken the people and make sure this body. are going to miss him. He is no longer they understand the effect upon them going to be with us next year, but he and they must respond and ask us, and, b 1115 yes, their local legislators, their Gov- has done his work as the ranking mem- We held dozens of hearings and we ernors, their mayors, and those people ber of the Subcommittee on Highways, heard from many Members. We heard who lead them to say yes to participate Transit and Pipelines. The gentleman about their needs in their districts that together with us so we can solve this from Minnesota (Mr. OBERSTAR) has they represent. Most importantly, we done his work; the gentleman from problem. Mr. Speaker, this extension is nec- listened. We tried to accommodate the Wisconsin (Mr. PETRI) has done his essary, and I urge passage of the exten- needs of every Member within the $275 work. We have done our work, and we sion. billion bill. All in all, I think that the have passed this legislation over to the Mr. Speaker, I yield such time as he gentleman from Alaska (Chairman other body. may consume to the gentleman from YOUNG), the ranking member, the gen- Now, we can point a lot of fingers and Wisconsin (Mr. PETRI). tleman from Minnesota (Mr. OBER- we can say this guy, that person, this Mr. PETRI. Mr. Speaker, I rise in STAR), the gentleman from Wisconsin other person in the other body did not support of the legislation before us. (Mr. PETRI) and myself on the Com- do it; but in reality there is a dif- H.R. 5183, the Surface Transportation Ex- mittee on Transportation and the In- ference of philosophies. I personally tension Act of 2004, part V, continues the frastructure did a good job. I believe we will say that when we passed this bill highway construction, highway safety, transit, wrote a good bipartisan bill. in the House, I had $375 billion. That is motor carrier, and surface transportation re- This body passed TEA–LU by a vote the number I would like to have. Well, search programs for 8 months of fiscal year of 357–65. But now many, many months a lot of us would like to have some 2005, expiring on May 31, 2005. Fiscal year later, this measure is stalled in con- things which we cannot achieve. We 2004 is completed in this extension as well. ference. Let me be clear, the leadership have agreed and we have worked with The transportation programs under all pre- in this body has worked long and hard the other body, and we did reach a vious extensions will be continued under this to negotiate an increase in the funding number that, to me, was a great vic- extension. level from $275 billion to $299 billion. I tory, $299 billion of contractual author- This is, we hope, the final short-term exten- believe that this is a good funding ity, $284.3 as obligated dollars, real dol- sion of the surface transportation programs’ level. We would all like to have more, lars, with policies and philosophies in authorization. We have gotten extremely close but democracy is compromise and we the bill. We reached those agreements. to a fair and broadly accepted conclusion to have all had to compromise. But, unfortunately, on both sides of the the House-Senate conference on our multiyear My understanding is that most of my aisle there are some people in the other authorization bill, but a stopgap measure is colleagues in this Chamber will accept body that desire more, and we were un- needed, once again, to give us time to finalize the $299 billion funding for this bill. able to reach that agreement because this deal. The leadership of this body should be it was not there. This short-term extension is a ‘‘must-pass’’ commended for their efforts. Unfortu- I would have liked to have had what bill. If Congress does not pass a bill and send nately, the conference is still stalled we agreed to, because I think it was it to the President today, new highway projects due to opposition from some Members the appropriate way to go. It did not will be shelved, safety grants will not be proof the other body. mean it would be the final number, but vided to states, transit construction will be We simply cannot continue to allow we did not and were not able to achieve halted, and Federal enforcement of motor car- our highway and transit programs to that. Consequently, we are here for rier safety regulations on the highways and at limp along, extension after extension. this extension. As they said in the the borders will end. States and localities are bearing the rules debate, this extension is badly H.R. 5183 provides more than $30 billion in brunt of this inaction. State DOTs are needed to continue the stability of our new funding authority, which reflects 8 flatlining their capital budgets. Crit- transportation system. months’ worth—or two-thirds of the funding ical transportation projects are not But I will commit to this House and authorization levels the House approved for getting completed. Congestion prob- to this Nation that this committee will fiscal year 2005 in TEA LU, H.R. 3550. lems are getting worse.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.023 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7881 However, hope springs eternal. I, for Mr. LIPINSKI. Mr. Speaker, I yield just-in-time delivery, small businesses, one, believe we can get it done. Much 31⁄2 minutes to the gentleman from Or- construction workers, it would be of like Ronald Wilson Reagan, I am an egon (Mr. DEFAZIO). tremendous benefit to the entire econ- eternal optimist. I also have faith in Mr. DEFAZIO. Mr. Speaker, I would omy. our democratic process, and I have like to thank the gentleman from Illi- In closing, I want to thank the gen- faith in our leadership on the com- nois (Mr. LIPINSKI) for his tireless work tleman from Illinois (Mr. LIPINSKI). He mittee and in this body. We still have because this will be his last action on has been a great mentor and friend to an opportunity to finish negotiations this legislation. I would like to thank me. I will miss him. I am sure that we on the highway conference, but to do my colleagues on the committee and will take care of him when we do the so I would urge the other body to put the chairman of the committee for highway bill next year. Although we do aside partisan differences and think their work. If we ran things, we would not know how much money we will about the Nation, and we simply need have already completed a much more have, but if we have lots of money, he to get this job done. But for now I urge robust investment in our roads, will still do well, I am sure, and his my colleagues to support the exten- bridges, highways and mass transit State will do well. sion. here in the United States, putting mil- Mr. LIPINSKI. Mr. Speaker, I yield 2 lions of people to work and beginning Mr. Speaker, I reserve the balance of minutes to the gentlewoman from to deal with the backlog of projects. my time. Florida (Ms. CORRINE BROWN). Unfortunately, we not only have to Ms. CORRINE BROWN of Florida. Mr. YOUNG of Alaska. Mr. Speaker, I deal with the House, the other body, Mr. Speaker, first of all I thank the reserve the balance of my time. the Senate and the White House; in gentleman from Alaska (Mr. YOUNG) Mr. LIPINSKI. Mr. Speaker, I yield 2 this case the White House has been the and the gentleman from Wisconsin (Mr. minutes to the gentlewoman from the big problem. What we are doing here PETRI) and the gentleman from Min- District of Columbia (Ms. NORTON). today will mean no increase. This will nesota (Mr. OBERSTAR) and the gen- Ms. NORTON. Mr. Speaker, I thank be the second year in a row with no in- tleman from Illinois (Mr. LIPINSKI) for the gentleman for yielding me this crease in transportation infrastructure their hard work in pushing for the time. First of all, I want to say nothing spending, even with the accelerating highest amount possible for our Na- but kudos to the leadership of this rate of deterioration of our bridges, tion’s transportation system. I want to committee, the gentleman from Alaska even with growing congestion, no new particularly thank the gentleman from (Mr. YOUNG), the gentleman from Min- starts. This does not get anywhere near Illinois (Mr. LIPINSKI) who I have en- nesota (Mr. OBERSTAR), and the sub- what we would consider a good push to- joyed working with over the past 12 committee leadership. This committee ward dealing with those problems and years. I thank the gentleman for his has worked together as well as any putting people back to work. But the leadership. committee in Congress, particularly White House has chosen this extraor- American transportation infrastruc- during these hard times, on a bill that dinarily low number, $256 billion. They ture is in need of sufficient additional was entirely responsive to other Mem- would essentially underspend the high- funding, particularly as we struggle to bers and entirely responsive to the way trust fund. They collect gas tax finance the security upgrades needed to needs of the country. from Americans and they would divert protect our transportation system We can keep extending bills. The some of that money to other purposes from terrorist attack. Transportation problem is we cannot extend the need. by borrowing from it instead of fully projects are also a natural economic The need just gets worse. Many of us investing it in roads, bridges, highways development tool which this Nation are close to desperation now. We have and mass transit. That means we are sorely needs. Department of Transpor- done our work. Our leadership has tried walking away from a lot of jobs. For tation statistics show that every $1 bil- desperately to get this bill out, and we every $1 billion we invest in transpor- lion invested in transportation infra- are left with what looks like the sixth tation, the estimates are that we cre- structure creates 42,000 jobs and $2.1 extension. The highway bill is about ate 47,500 jobs, not just direct construc- million in economic activity. It also extensions, not bills. This is the first tion jobs which are good jobs which saves the lives of 1,400 people. We can- time that I have ever seen a White cannot be outsourced out of the United not ignore those numbers. Transpor- House that did not want a highway bill, States, but also spill over into commu- tation funding is a win/win for every- that wanted to go into an election nities, small businesses, equipment one involved. States get to improve without a highway bill. providers, suppliers; all those people their transportation infrastructure Members recognize we had some con- would benefit dramatically. which creates economic development, If we were to adopt the numbers pro- cerns here and we tried to work them puts people back to work, enhances posed by the Senate at $318 billion, we out. I was a conferee, and I understand safety and improves local commu- would create nearly another 2 million what those concerns were. My problem nities. jobs. We could use those jobs. It would Unfortunately, we were unable to add with the extension is we are extending also help the President, who is drag- a rail title to the bill, but that does not with funding from 6 years ago. The ging his feet on this, to deliver on his mean that our rail infrastructure is problem with that is the need has promise of creating 2 million jobs, taken care of. We have dangerously un- grown larger and people want this bill which he has not done yet and is underfunded rail security. It is surprising because they want whatever new likely to be able to accomplish before after what happened in Madrid that amounts the committees and the Con- November except with the stroke of a rail is not a priority in this adminis- gress can give them. pen and signing a bill and showing that tration. I will be frank; most of the money he will create them in the future. But By delaying the passage of much- that comes to the District of Columbia he is refusing to do that. needed legislation, we are doing a dis- does not have anything to do with the Unfortunately, there is hesitation service to the driving population and 600,000 residents of the District of Co- with going forward with a more robust the Nation as a whole. The States who lumbia. My desperation comes because level and challenging the President. are battling red ink want to see a bill the highway money for my district Someone spoke earlier about how the passed. Construction companies laying could just as well be put in the home- system works, and we have to deal off employees want to see a bill passed, land security budget because it is going with the Senate and White House, but and citizens waiting in traffic jams to go for tunnels and bridges which will we have the power to send something want to see a bill passed. If this Con- get people out of here in the case of an to the White House, allow him to veto gress fails to pass a bill funding trans- event, and for well-traveled Federal it, and then override. The first vote I portation, shame on us. roads which are used by literally mil- cast in the United States Congress was Mr. LIPINSKI. Mr. Speaker, I yield 4 lions of commuters and visitors every to override a much more popular Presi- minutes to the gentleman from New year. So operating at levels from 6 dent’s veto of a highway bill, Ronald Jersey (Mr. PASCRELL). years ago puts us in a real trick bag. I Reagan. Mr. PASCRELL. Mr. Speaker, the ask that we finally get this bill out be- This is not only good for the trans- fact is that the importance of infra- fore the end of the year. portation infrastructure, the economy, structure investments to my home

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.025 H30PT1 H7882 CONGRESSIONAL RECORD — HOUSE September 30, 2004 State of New Jersey and our Nation the projects that are in the ground al- have had, on aviation, on surface trans- cannot be overstated. More resources ready working. portation, on railroads, on water re- are desperately required to satisfy I welcome and congratulate the gen- source issues, everything that has af- unmet needs, to improve livability, to tleman from Illinois (Mr. LIPINSKI) for fected this committee. He has really alleviate congestion, to build safer the fantastic job that he has done, not devoted his career to the work of this roads, to upgrade and expand our mass on our side of the aisle but for the committee. The gentleman has ab- transit system, to facilitate commerce, United States Congress, not only for sorbed the subject matter and made it and create good-paying local construc- the people in his district but for all a core of his service in the Congress. He tion jobs. Every $1 billion invested in Americans; and we thank him today. has not only served his district well Federal highway and transit spending Mr. LIPINSKI. I thank the gen- and his State well; he has served the means over 40,000 jobs are created or tleman from New Jersey very much. Nation well. I salute the gentleman sustained. Mr. Speaker, I yield such time as he from Illinois on this, his last oppor- may consume to the gentleman from b 1130 tunity to manage a major transpor- Minnesota (Mr. OBERSTAR), the ranking tation bill. Why do we only have an extension on member of the full committee. Perhaps there may be another oppor- the floor today rather than a good 6- (Mr. OBERSTAR asked and was given tunity. We never know. But it may be year bill, a full 6-year bill that can ben- permission to revise and extend his re- the last. One never knows what hap- efit all of our States? The administra- marks.) pens in this body. Winds blow. Condi- tion has been one of the biggest road- Mr. OBERSTAR. Mr. Speaker, I tions change. The barometer rises. The blocks in our path. For months, the ad- thank the gentleman for yielding me barometer falls. Something happens. It ministration would stonewall on sup- this time. can all happen in the blink of an eye, porting the funding necessary to get a Here we are again doing an exten- and we could have a major bill back on right-sized bill. Their original proposal sion. In the famous words of President the House floor yet before this Con- actively ignored new needs, choosing to Reagan, there you go again, doing an- gress adjourns. keep the status quo. They did not want other extension. But, frankly, you I regret, frankly, that we are here to make the tough choices in an elec- might just call this a no-fault divorce. with an extension, that we are not here tion year to do what is right. The gen- We tried. The other body tried. The doing the TEA–LU bill that the chair- tleman from Alaska (Mr. YOUNG), the two parties in the other body tried. man of the full committee and I and gentleman from Minnesota (Mr. OBER- They could not come to a meeting of the gentleman from Wisconsin (Mr. STAR), the gentleman from Illinois (Mr. the minds. They could not come to a PETRI) and the gentleman from Illinois LIPINSKI), the gentleman from Wis- meeting of the minds with the White (Mr. LIPINSKI) and our committee staff consin (Mr. PETRI), et cetera know House. The only body that has its act and members have worked so hard to what is right. They put a lot of hours together is this body. The only group fashion, because we know that at $375 into this legislation. Both sides of the that has its act together is this Com- billion, that is the level of investment aisle. mittee on Transportation and Infra- America needs to move this country The President has been deafening in structure. We have worked shoulder to ahead, at a time when global mobility his silence on the importance of a high- shoulder and, may I say, kneecap to at home is a cornerstone of our global way bill. They choose to hold the high- kneecap across the table to fashion a presence in international competition way bill hostage as a credit to their bill that is good for America, to move in the marketplace. ideology of fiscal responsibility. That transportation ahead, that would ad- About 6 months ago, I visited China is a laugh. It is a joke. Everybody dress congestion and safety and mobil- to speak at an aviation conference and knows it is. This ignores the reality ity of all things in America. traveled to the city of Laiwu, which is that we are running up record deficits. We introduced that bill a year ago at the home of a steel mill which is a part It ignores the reality that the interest a time when gasoline prices were $1.34 owner in an iron ore mine in my dis- we are paying on the debt, $300 billion a gallon. They are now consistently trict. I traveled from Jinan 2 hours to this year, is equal to the entire govern- well over $2 a gallon all across the Laiwu. Jinan is a city of 6 million peo- ment outlay in 1974. country and that 70-plus cents of in- ple. Laiwu is a city of 1.2 million peo- So it cannot really be an issue of fis- crease in fuel price, about 60 percent of ple. They have a six-lane divided, con- cal responsibility. It is just politics, it, 70 percent of it, is going overseas to trolled-access superhighway con- plain and simple. I support the exten- OPEC. We are not getting any trans- necting these two cities, the vanguard sion because we need to keep the fund- portation benefit of that increase in of the equivalent of our interstate ing flowing to the States, or we will fuel price. Not a penny of that increase highway system which China is plan- stop those projects right in their in fuel price is going to fill pot holes, ning to build in the next 15 years to in- tracks. Chairman YOUNG and Ranking build new bridges, improve safety on vest well over $200 billion in improving Member OBERSTAR understand that we our highways, build more bicycle lanes. their mobility, their ability to move need to keep our States working. They Incidentally, I must say to the chair- goods to market and people to their have understood it too well. Our com- man of our committee and ranking destinations; and they are doing it mittee to its credit always works in a member, I thank the ranking member with the savings of the Chinese people bipartisan manner. At one point, 74 of the subcommittee for managing this who have a savings rate of over 60 per- members of our committee supported a bill. It is his last hurrah, if you will, on cent. bill which actually provided the level the House floor in a management posi- They are investing $200 billion in of funding that our own Department of tion. But I was out on my bicycle doing modernizing their ports, they are half- Transportation recommended. Imagine what I thought was going to be a 20- way through a $100 billion airport mod- that, actually passing a bill based on mile ride this morning, and I got the ernization plan, and we are sitting need, not politics. message that this bill was being called here, standing here, advancing the We need to keep up with aging roads up. It seems the leadership over here cause of transportation by taking the and bridges and transit systems. Rath- just sort of all of a sudden decides in a 6-year-old TEA–21 and moving it incre- er than sitting in traffic, we need to big rush, this is the time to do this mentally forward and saying, sorry, get parents home after work on time to thing without any advance notice. folks, this is the best we can do. That take care of their families. But leader- That is not particularly useful. In fact, is not right. This committee knows ship has held down the investment and I was dodging pot holes, cursing the what is right. is holding back trust fund dollars road conditions as most travelers are Members of this committee have which would alleviate congestion. doing. worked hard. They understand trans- Folks are paying gas taxes, user fees, But we need to do this. I want to portation problems. They understand and not spending that money as we take this opportunity to express my what America needs. They understand should. 1998 was a long way off, the last great appreciation to the gentleman the needs of mobility. They understand time we passed this legislation. This is from Illinois for his 2-decade tenure in the needs of safety and investment in terrible. But we need to do this to keep this House, for the partnership that we America. Yet because of ideological

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.027 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7883 hard-and-fast positions by the White cially when we are dealing with costly, billion. We did not pull these numbers House and divisiveness over in the multiyear transportation projects that require out of the air. They are numbers from other body, we cannot move the agenda long-term certainty in planning, development, the administration’s own Department ahead. and financing. I can only imagine what further of Transportation’s research and as- I say, let us pass this bill. Let us inch damage we have now done, and at what new sessment. Our leaders in this com- forward. Let us come back after this financial cost due to another year of inad- mittee traveled this country looking at Congress has concluded its business equate funding levels. conditions to verify what we have been and into the next Congress and do the The extension bill now before us provides told by the administration. right thing for America. Make the some modest increase in the investment lev- It is ironic that the current argu- right investments. Let us move Amer- els of a number of the highway and transit ment is over funding levels. Yet the ica ahead in the way we know it needs programs, other programs are less fortunate. longer we delay in enacting a fully to move, keep our mobility, keep our Their funding is held constant at the FY 2003 funded transportation bill, the costs marketplace production and produc- levels. Moreover, the insistence on passing associated with addressing our Na- tivity and reduce the cost of moving ‘‘clean’’ extension bills, Congress has not tion’s infrastructure will continue to people and goods in America. been able to modify or update current surface rise. So just neglecting going through Exactly 1 year ago today we ended an era: transportation programs and policies that are and doing what is right, we are going The era in which our Nation’s transportation in need of such adjustment. to cause ourselves to spend more policy was governed by legislation establishing Overall, this bill would provide $24.5 billion money. a multiyear plan with the funding needed to in contract authority for the 8 months ending If the Republican administration can implement the plan. on May 31, 2005, for highway programs. This find time to place such a great empha- During the past year, our national transpor- is based on $36.76 billion for the entire fiscal sis on the reconstruction of other coun- tation policy has gone forward in fits and year 2005. Of these amounts, $21.3 billion for tries, surely priority should be given to starts, by extensions of a month or two. 8 months is guaranteed. For transit programs, our Nation’s crumbling infrastructure Just over a year ago, on September 24, this bill would provide $5.17 billion guaranteed and bringing the needed jobs. Our con- 2003, when this House was considering the funding for 8 months. stituents are counting on us to do the first surface transportation extension bill, I stat- Despite the fact that the funding levels in- right thing and we really should not let ed: ‘‘I am afraid . . . we will be back here on cluded in our original bill were derived from them down. We have cars collapsing on this floor once again pleading for another ex- the Department of Transportation’s highway bridges. The highways are so bad until tension of time to keep transportation pro- and transit needs report, the administration accidents are being caused. It is time grams from once again expiring. . . . I do not has strongly opposed additional infrastructure for us to stand up and pass this bill and want to be back on this floor saying again investment. The President’s budget to Con- do something for our Nation and bring what I said 6 years ago, time is running out.’’ gress flat-lined the highway and transit pro- about good jobs. What I predicted then has repeatedly proven grams. The President’s bill did not include one Mr. LIPINSKI. Mr. Speaker, I yield correct—we have had 5 additional extensions additional dollar for highway and transit invest- myself the balance of my time. since that day. And here we are today plead- ment, nor would it produce one additional job ing once again for a temporary extension of in the transportation construction sector, over First of all, I want to once again say authorization for highway construction, high- the next 6 years. that I appreciate the kind words the way safety, and public transportation funding. But what’s worse is the mess we have cre- gentleman from Minnesota had to say Our inability to enact legislation to reauthor- ated in the last year. The lack of vision, the about me. I would like to say that I ization surface transportation programs is lack of a clear plan, the continual struggle to learned a great deal from him over the caused by an administration guided by ide- give States scraps from the table. We should course of my time here in the House of ology rather than good transportation policy do better. Representatives. Oftentimes I refer to and by the unwillingness of the Republican Mr. LIPINSKI. Mr. Speaker, I thank him as Mr. Transportation, and I sin- leadership in Congress to let the people’s the gentleman from Minnesota for cerely mean that. He probably knows branch of government work its will. those words, particularly those kind more about transportation than any- Analysis by the U.S. Department of Trans- words about myself. one I have met in the 22 years I have portation shows that we need to invest $375 Mr. Speaker, I yield 3 minutes to the been in the House of Representatives billion to maintain and improve our aging infra- gentlewoman from Texas (Ms. EDDIE and he has certainly been enormously structure. On November 19, 2003, the Com- BERNICE JOHNSON). helpful to me in my career here. I also mittee on Transportation and Infrastructure in- Ms. EDDIE BERNICE JOHNSON of want to thank Chairman YOUNG and troduced H.R. 3550, authorizing that same Texas. Mr. Speaker, allow me to thank Chairman PETRI for including me as amount—$375 billion for the highway, transit, the great leadership we have on this much as they have in the deliberations and transportation safety programs for the committee and the diligence with on this bill, through the subcommittee, next 6 years. The T&L Committee marked up which they have led us and with which the full committee, the House floor, that legislation and unanimously voted it favor- we have worked. The gentleman from and in the conference committee. I ably to the House, but the Republican leader- Alaska (Mr. YOUNG), the gentleman have really felt like a partner in this ship blocked its consideration because of ob- from Minnesota (Mr. OBERSTAR), the legislation. If I had been in the major- jections from the administration to the funding gentleman from Wisconsin (Mr. PETRI), ity, I do not think that I could have level. But that funding level was derived from and the gentleman from Illinois (Mr. been treated any better than I was by the administration’s own analysis, and the bill, LIPINSKI), the members of the com- Chairman YOUNG and Chairman PETRI, included proposals to fully fund the invest- mittee respect and honor their leader- and I sincerely appreciate that. ments. Nevertheless, our committee was pre- ship. It makes for a very good com- It has been very enjoyable working vented from moving the bill through the legis- mittee. on this bill. I have been very pleased, lative process. Three in four Americans now believe as I say, with the participation that we That 1-year delay has been costly to our that the Nation is facing a transpor- have been given by the majority. There Nation. AASHTO, the American Association of tation capacity crisis. Our infrastruc- has been a lot of talk here today about State Highway and Transportation Officials, ture desperately needs attention. There this bill not becoming law and us not estimated when the first extension was about are 17 bridges in my district alone that getting out of conference. I simply to expire early this year that failure to enact a are currently in critical condition. Yet want to say, and I will preface this for long-term reauthorization would mean a $2.1 in spite of this, we stand poised to the benefit of the few people who do billion increase in project costs and a loss of shortchange the American people with not know, the Speaker of the House more than 90,000 jobs that could have been another short-term highway extension. and I have a very good relationship and created a long-term authorization bill. If you poll any local, State, or trans- we have had for a long time. So I say Today, we continue our muddling through, portation industry representatives, that because I want to say that no one debating on a measure that would temporarily they will tell you that the transpor- has worked harder to get this bill extend funding authorization for another 8 tation needs of this country will only passed into law than DENNY HASTERT. I months before the current extension expires at be met by passing a fully funded 6-year know that Chairman YOUNG has had midnight. This is no way to do business, espe- bill, $376 billion, but no less than $319 many, many meetings with him.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.065 H30PT1 H7884 CONGRESSIONAL RECORD — HOUSE September 30, 2004 b 1145 chairman on this transportation bill, I business productivity by reducing the costs of I know that the Speaker has gone to hope in the near future. If we cannot, it producing goods in virtually all industrial sec- the White House on countless occa- will be, not in the far future, but in the tors of the economy. Increased productivity re- sions. I know he has talked to the Sen- close future. So, again, I wish him God- sults in increased demand for labor, capital, ators, the Senate conference com- speed and be well on his travels. We and raw materials and generally leads to lower mittee members. I know that the gen- will miss him. product prices and increased sales. tleman from Alaska (Chairman Ms. JACKSON-LEE of Texas. Mr. Speaker, Because so much is literally riding on a YOUNG); the gentleman from Minnesota I rise today in support of the Surface Trans- transportation agreement for the 21st Century (Mr. OBERSTAR), ranking member; the portation Extension Act, which extends funding we must insist on a balanced surface trans- gentleman from Wisconsin (Mr. PETRI) for vital highway and transit programs for eight portation program that serves the mobility have worked very hard on this bill. But months, through May 31, 2005. I want to needs of our country in a manner consistent I do not think they worked any harder thank Chairman YOUNG and Ranking Member with key Democratic principles, including: eco- on getting this bill passed than the OBERSTAR for working to pass an extension nomic growth, intermodalism, security, safety, gentleman from Illinois (Speaker that is fair and equitable. They have had to continuity, equal opportunity, protecting our HASTERT) has, and I want to make sure deal with the truly difficult task of coming to human and natural environment, rebuilding our everyone understands that in this agreement on a multi-year transportation transit and highway systems, encouraging al- body. Yes, we have problems. Yes, the agreement and I commend them on the job ternative transportation, encouraging smart Republicans control the White House, they have done so far. growth, encouraging advanced technology so- the Senate, and the House. But as I I am pleased to hear that this current exten- lutions, and protecting the rights of workers in know from Illinois, where the Demo- sion has been made much more fair and equi- transportation industries. While I am satisfied crats control the governorship, the table to all states through the use of current with this current extension I look forward to Senate, and the House, sometimes gas tax contribution data instead of the pro- the day when we can pass a comprehensive when one party controls everything, posed use of outdated data. The use of out- and equitable transportation agreement that they do not quite get along as well as dated data would have meant that a number serves the 21st Century transportation needs they would have if they were in the mi- of states led by Texas would not have re- of the American people. nority. So I appreciate that. I under- ceived the proper amount of funding due to Mr. Speaker, I yield back the balance stand that. them. This extension is now in line with the of my time. I would also like to say in conclusion funding formula structure of the Federal-Aid The SPEAKER pro tempore (Mr. MIL- that there have been people who have Highway program as stipulated by TEA 21’s LER of Florida). All time for debate has helped our staff and helped the Demo- Minimum Guarantee program that provides all expired. cratic side considerably. That is, peo- states at least a 90.5 percent rate of return Pursuant to House Resolution 811, ple from the House Legislative Coun- from each state’s federal gas tax contributions the bill is considered read for the sel, Dave, Curt, and Rosemary; from through the core highway formula programs amendment, and the previous question DOT, Megan, Brigham, Jim, Gary; from and High Priority Projects. is ordered. NHTSA, Scott, Brian, Marlene; from Had the outdated gas tax contribution data The question is on the engrossment FTA, William, Kris, Rita; from FHWA, been used Texas would have stood to lose and third reading of the bill. Ross, Sue, Carolyn, and Susan. And $115.8 million in contract authority. Clearly, The bill was ordered to be engrossed certainly, David and Ward on our staff this simple issue of using current data could and read a third time, and was read the here have put an awful lot of work into have been devastating to transportation third time. this bill. projects in the state of Texas and would have MOTION TO RECOMMIT OFFERED BY MR. DEFAZIO I am still hopeful that when we get been inequitable considering Texas’s in- Mr. DEFAZIO. Mr. Speaker, I offer back from our recess during the course creased contribution to the federal Highway motion to recommit. of the election period of time that we Trust Fund. Again, I commend Chairman The SPEAKER pro tempore. Is the will be able to pass this bill so that I YOUNG and Ranking Member OBERSTAR for gentleman opposed to the bill? will still be here in the House of Rep- having the foresight to correct this inequity Mr. DEFAZIO. I am, Mr. Speaker, in resentatives when this bill becomes and ensure that states that contribute to the its present form. law. I am for the extension. Let us federal Highway Trust Fund are given a prop- The SPEAKER pro tempore. The move on it. Let us get back to work er rate of return. Clerk will report the motion to recom- trying to be bring this bill to con- This extension provides an advance of mit. ference. $21.3 billion in contract authority for federal- The Clerk read as follows: Mr. Speaker, I yield back the balance aid highway programs for the eight-month pe- Mr. DEFAZIO moves to recommit the bill of my time. riod. It also sets an obligation limit of 8⁄12 of H.R. 5183 to the Committee on Transpor- Mr. YOUNG of Alaska. Mr. Speaker, I the obligation limit in the FY 2005 Transpor- tation and Infrastructure with instructions yield myself such time as I may con- tation-Treasury appropriations measure, which to report the same back to the House sume. should provide about $24.5 billion over the promptly with an amendment increasing In closing, this is a time that is al- eight-month period. This money is necessary each number in the bill by 12.8485 percent. ways difficult for someone who has as we continue vital highway construction Mr. DEFAZIO (during the reading). served with something for so long, but projects that will benefit the American people. Mr. Speaker, I ask unanimous consent I will tell the gentleman from Illinois This extension also suspends the Harry that the motion to recommit be consid- (Mr. LIPINSKI) we are going to miss Byrd Rule, which prevents highway spending ered as read and printed in the RECORD. him. We are going to probably see him. from exceeding gas-tax revenues. This year, The SPEAKER pro tempore. Is there But as Members leave this body that the estimated receipts for the trust fund fell, objection to the request of the gen- have contributed to not only their dis- which may have triggered a reduction in the tleman from Oregon? tricts but the Nation, it is a loss. We apportionments to the states. By suspending There was no objection. know that. I know he knows that. But the Harry Byrd Rule, the extension prevents The SPEAKER pro tempore. Pursu- I also respect his desire to go and do states from receiving reduced allocations at a ant to the rule, the gentleman from Or- bigger and greater things. But I look time when most states are in dire need of ad- egon (Mr. DEFAZIO) is recognized for 5 forward to seeing him back on the Hill ditional transportation funding. minutes in support to his motion. during this period of time in the near As a body we must insist on a proper Mr. DEFAZIO. Mr. Speaker, this is a future so that we can communicate and agreement for a long term transportation straightforward motion within the par- work together on a cause that he has agreement because it is of such vital interest liamentary constraints of the House. great feeling for, and that is transpor- to our Nation. Investments in our Nation’s sur- Some might say, because we would ask tation. And he can be assured that I face transportation infrastructure create mil- the bill to be sent back promptly, that will always be there to hear his wis- lions of family-wage jobs and billions of dollars we are dooming it to death. dom, and he can be sure that I and the of economic activity. Each $1 billion of Federal We have been waiting 11 months for a gentleman from Minnesota (Mr. OBER- funds creates 47,500 jobs and $6.1 billion in highway bill, 11 months since the last STAR) are going to accomplish the economic activity. In addition, this investment one expired. Give us 2 hours, and we goals along with our subcommittee in transportation infrastructure will increase will give them a lot more investment

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.030 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7885 and a lot more jobs. We can deliver this time delivery is pretty hard when they mechanics of running the numbers. I bill back within 2 hours. The House have got to detour a truck over the am talking about the mechanics of op- could pass a bill at the Senate levels Cascade Mountains in Oregon, down erating the political machinery in this evening. the far side and then back down again order to get something that, in fact, All across America that would make to I–5 because of failed bridges. And would be passed by the Senate and a big difference. Across the entire that is unique. That kind of thing signed by the President. country, that would mean that we takes place all across America. Trucks Mr. YOUNG of Alaska. Mr. Speaker, I would have, if we adopted that level ul- are detouring hundreds of miles out of rise in opposition to the motion to re- timately for 6 years, an increase of $37 their way, wasting fuel, wasting time, commit. billion in spending. That is 1.7 million making us less efficient because the I know my good friend from Oregon jobs; 1.7 million jobs could be created. Federal Government says we do not is a good soldier, and I understand We could begin to deal with the 161,000 have the money to catch up with this what he is trying to do, but I hope no bridges in this country that are struc- backlog on bridges. one takes it too seriously because this turally deficient, one in four. My own Well, we do have the money. We are would kill this legislation that we have little State has a $4.7 billion bridge taxing the people. We should adopt a today for an extension of our highway problem. more robust level. We should deal with program which would cost us about We are trying to do our own part, as some of the problems and the dispari- 150,000 immediate jobs, disrupt all the chairman asked. We have raised ties among the States, the whole issue State programs, all projects in dis- registration and other fees. But we that States give a whole bunch more in tricts and, in fact, create chaos. And need a little bit of help because this is than they get back. But we cannot do there is a time problem because the re- Interstate 5, the federal highway that that unless we have higher levels of ality is that this has to be signed by goes between Canada, Mexico and in- funding. It is impossible. the President tonight or it does come cludes Oregon, Washington, and Cali- And that is what this amendment to a halt. And so what we have to do fornia. There is some federal obliga- does, very simply. It would bring the now is pass this legislation, vote tion, I believe, to help maintain that bill back later this evening, spending against this motion to recommit, pass highway. at the levels of the Senate bill, which this legislation and send it over to the This has been a maddening process would put over 6 years, if finally adopt- Senate. And I am not speaking too for those of us who care about trans- ed, 1.7 million people to work, 20,000 broadly about the Senate because we portation, who care about our failing people in my State, and begin to defray do not control it, and I know I am not bridges and the potholes and our con- that backlog. supposed to mention it. But the other I would hope that we will pass this gestion and the lack of new starts and body must also act. And then it has to motion unanimously and make the in- mass transit, all those things. If we get on an airplane and be flown to vestment that we need. And I think the had our way, we would have signifi- Florida because there is the big debate President will sign it. I doubt very cantly more investment, according to a tonight. And he has to sign it. I am unanimous vote of the committee on much he will see fit to veto the bill. Mr. Speaker, I yield back the balance sure it is not a big deal with the Presi- which I serve, bipartisan. We voted for dent, but it is necessary for highway the number which has been outlined by of my time. Mr. YOUNG of Alaska. Mr. Speaker, I projects. the President’s own Department of And just tongue in cheek, to the gen- yield 11⁄2 minutes to the gentleman Transportation, $375 billion over 6 tleman from Oregon, the way his mo- years. And even that would not take from Wisconsin (Mr. PETRI). Mr. PETRI. Mr. Speaker, I thank the tion to recommit is that each number care of all the problems, but it would chairman for yielding me this time. in the bill would have to be raised 12.84, sure be a lot more to address them. But I would hope that we not pass this 12.85 percent, and that means that H.R. the President has taken a hard line at motion immediately. I understand the 5183 would no longer be H.R. 5183, it $259 billion, far below the number point that is being made, and it is per- would be, I guess, 52.6 or something, passed by the House, way below the fectly reasonable. But the fact is that and all the numbers in the bill, instead number passed by the Senate, and we are currently operating under a of section 22, it would have to be sec- about one-third below the number rec- continuing resolution. It expires at tion 22.8 and on down the line. ommended by his own experts. This is midnight tonight, and if we do not get I understand the reasoning why, but I inexplicable. This is investment. This this measure through the Senate and do urge my colleagues to think very se- is paid for out of gas taxes, which each to the President, who is down in Flor- riously about it. Let us keep the and every American pays every time ida on other business, before that time, course. Vote against the motion to re- they tank up their car. We owe them some of the money that would other- commit and then pass this legislation an obligation to make this investment, wise be spent on transportation, some so we can continue our transportation not to stick with the levels of that are of the jobs that would otherwise exist needs in this country, not to the degree now 6 years out of date under the old in the transportation sector will be we want but what is necessary at this legislation but to look at something lost. time. that will spend more, begin to deal And the motion is very short. It sim- Mr. Speaker, I yield back the balance more with the backlog, put more peo- ply changes the numbers in the bill by of my time. ple to work. We could help the Presi- 12 and a fraction percent. But, in fact, The SPEAKER pro tempore. Without dent deliver on his own promise. This trying to figure out how that would objection, the previous question is or- would create 1.7 million jobs. The work in practice and the consequences dered on the motion to recommit. President could sign a bill which we of it, it would be anything but short. There was no objection. could have back and have ready for This would endanger the ability to con- The SPEAKER pro tempore. The consideration by five o’clock tonight. tinue our transportation programs. question is on the motion to recommit. He could sign it tomorrow in the Rose Mr. DEFAZIO. Mr. Speaker, will the The question was taken; and the Garden, and he could refute the claims gentleman yield? Speaker pro tempore announced that of his opponent that he had lost 1.7 Mr. PETRI. I yield to the gentleman the noes appeared to have it. million jobs because he would just have from Oregon. Mr. DEFAZIO. Mr. Speaker, on that I signed a bill to create 1.7 million jobs. Mr. DEFAZIO. Mr. Speaker, I thank demand the yeas and nays. For the life of me, I do not under- the gentleman for yielding to me. The yeas and nays were ordered. stand the reluctance at the White My staff says that they can do the The SPEAKER pro tempore. Pursu- House to invest the people’s tax dollars computer runs and have the numbers ant to clauses 8 and 9 of rule XX, this paid for every time they tank up their within 2 hours, which would give us 15-minute vote on the motion to re- car in investment in the people’s infra- ample time to get the bill faxed before commit will be followed by 5-minute structure, the infrastructure that will the President for signature before mid- votes on passage of H.R. 5183, if or- benefit not only individuals but busi- night tonight. dered; the motion to suspend the rules nesses all across America who depend Mr. PETRI. Mr. Speaker, reclaiming on H.R. 5149; and the motion to suspend upon just-in-time delivery. Just-in- my time, I am not talking about the the rules on H.R. 4231.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.032 H30PT1 H7886 CONGRESSIONAL RECORD — HOUSE September 30, 2004 The vote was taken by electronic de- Fossella Latham Reynolds Andrews Dreier Kline Franks (AZ) LaTourette Rogers (AL) Baca Duncan Knollenberg vice, and there were—yeas 199, nays Frelinghuysen Leach Rogers (KY) Bachus Dunn Kolbe 218, not voting 15, as follows: Gallegly Lewis (CA) Rogers (MI) Baird Edwards Kucinich [Roll No. 480] Garrett (NJ) Lewis (KY) Rohrabacher Baker Ehlers LaHood Gerlach Linder Royce Baldwin Emanuel Lampson YEAS—199 Gibbons LoBiondo Ryan (WI) Ballenger Emerson Langevin Gilchrest Lucas (OK) Abercrombie Gutierrez Oberstar Ryun (KS) Barrett (SC) Engel Lantos Gillmor Manzullo Saxton Ackerman Herseth Obey Bartlett (MD) English Larsen (WA) Gingrey McCotter Schrock Allen Hill Olver Barton (TX) Eshoo Larson (CT) Goode McCrery Sensenbrenner Andrews Hinchey Ortiz Bass Etheridge Latham Goodlatte McHugh Sessions Beauprez Evans LaTourette Baca Hinojosa Owens Granger McInnis Shadegg Becerra Everett Leach Baird Hoeffel Pallone Graves McKeon Shaw Bell Farr Lee Baldwin Holden Pascrell Green (WI) Mica Shays Berkley Fattah Levin Becerra Holt Pastor Greenwood Miller (FL) Sherwood Berman Feeney Lewis (CA) Bell Honda Payne Gutknecht Miller (MI) Shimkus Berry Ferguson Lewis (GA) Berkley Hooley (OR) Pelosi Berman Hoyer Hall Miller, Gary Shuster Biggert Filner Lewis (KY) Peterson (MN) Berry Inslee Hart Moran (KS) Simmons Bilirakis Foley Linder Pomeroy Bishop (GA) Israel Hastings (WA) Murphy Simpson Bishop (GA) Forbes Lipinski Price (NC) Bishop (NY) Jackson (IL) Hayes Musgrave Smith (MI) Bishop (NY) Ford LoBiondo Rahall Blumenauer Jackson-Lee Hayworth Myrick Smith (NJ) Bishop (UT) Fossella Lofgren Boswell (TX) Rangel Hefley Neugebauer Smith (TX) Blackburn Frank (MA) Lowey Boucher Jefferson Reyes Hensarling Ney Souder Blumenauer Frelinghuysen Lucas (KY) Boyd John Rodriguez Herger Northup Stearns Blunt Frost Lucas (OK) Brady (PA) Johnson, E. B. Ross Hobson Norwood Stenholm Boehner Gallegly Lynch Brown (OH) Jones (OH) Rothman Hoekstra Nunes Sullivan Bonilla Garrett (NJ) Majette Butterfield Kanjorski Roybal-Allard Hostettler Nussle Sweeney Bonner Gephardt Maloney Capps Kaptur Ruppersberger Houghton Osborne Tancredo Bono Gerlach Manzullo Capuano Kennedy (RI) Rush Hulshof Ose Taylor (NC) Boozman Gibbons Markey Cardin Kildee Ryan (OH) Hunter Otter Terry Boswell Gilchrest Marshall Hyde Oxley Thomas Cardoza Kilpatrick Sabo Boucher Gillmor Matheson Isakson Paul Thornberry Carson (IN) Kind Sa´ nchez, Linda Boyd Gingrey Matsui Issa Pearce Tiahrt Carson (OK) Kleczka T. Bradley (NH) Gonzalez McCarthy (MO) Istook Pence Tiberi Case Kucinich Sanchez, Loretta Brady (PA) Goode McCarthy (NY) Jenkins Peterson (PA) Toomey Chandler Lampson Sanders Brady (TX) Goodlatte McCollum Johnson (CT) Petri Turner (OH) Clay Langevin Sandlin Brown (OH) Gordon McCotter Johnson (IL) Pickering Upton Clyburn Lantos Schakowsky Brown (SC) Granger McCrery Johnson, Sam Pitts Vitter Conyers Larsen (WA) Schiff Brown-Waite, Graves McDermott Jones (NC) Platts Walden (OR) Cooper Larson (CT) Scott (GA) Ginny Green (TX) McGovern Keller Pombo Walsh Costello Lee Scott (VA) Burgess Green (WI) McHugh Kelly Porter Wamp Cramer Levin Serrano Burns Kennedy (MN) Portman Weldon (FL) Greenwood McInnis Crowley Lewis (GA) Sherman King (IA) Pryce (OH) Weller Burr Grijalva McIntyre Cummings Lipinski Skelton King (NY) Putnam Whitfield Burton (IN) Gutierrez McKeon Davis (AL) Lofgren Slaughter Butterfield Gutknecht McNulty Davis (CA) Lowey Kingston Quinn Wicker Smith (WA) Kirk Radanovich Wilson (NM) Buyer Hall Meehan Davis (FL) Lucas (KY) Snyder Calvert Hart Menendez Davis (TN) Lynch Kline Ramstad Wilson (SC) Solis Knollenberg Regula Wolf Camp Hastings (WA) Mica DeFazio Majette Spratt Cantor Hayes Michaud DeGette Maloney Kolbe Rehberg Young (AK) Stark LaHood Renzi Young (FL) Capito Hayworth Millender- Delahunt Markey Strickland Capps Hefley McDonald DeLauro Marshall Stupak NOT VOTING—15 Capuano Herger Miller (FL) Deutsch Matheson Tanner Cardin Herseth Miller (MI) Dicks Matsui Boehlert Diaz-Balart, M. Meeks (NY) Tauscher Cardoza Hill Miller (NC) Dingell McCarthy (MO) Brown, Corrine Harman Nethercutt Taylor (MS) Carson (IN) Hinchey Miller, Gary Doggett McCarthy (NY) Cannon Harris Ros-Lehtinen Thompson (CA) Carson (OK) Hinojosa Miller, George Dooley (CA) McCollum Davis (IL) Hastings (FL) Tauzin Thompson (MS) Carter Hobson Mollohan Doyle McDermott Diaz-Balart, L. Meek (FL) Weldon (PA) Tierney Case Hoeffel Moore Edwards McGovern Towns ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Castle Hoekstra Moran (KS) Emanuel McIntyre Chabot Holden Moran (VA) Engel McNulty Turner (TX) The SPEAKER pro tempore (Mr. MIL- Udall (CO) Chandler Holt Murphy Eshoo Meehan LER of Florida) (during the vote). Mem- Chocola Honda Murtha Etheridge Menendez Udall (NM) Van Hollen bers are advised 2 minutes remain in Clay Hooley (OR) Musgrave Evans Michaud Clyburn Hostettler Myrick Vela´ zquez this vote. Farr Millender- Coble Houghton Nadler Visclosky Fattah McDonald Cole Hoyer Napolitano Waters Filner Miller (NC) Collins Hulshof Neal (MA) Watson b 1223 Ford Miller, George Conyers Hunter Neugebauer Watt Frank (MA) Mollohan Mr. MORAN of Virginia changed his Cooper Hyde Ney Waxman Frost Moore vote from ‘‘nay’’ to ‘‘yea.’’ Costello Inslee Northup Gephardt Moran (VA) Weiner Cox Isakson Norwood Gonzalez Murtha Wexler So the motion to recommit was re- Cramer Israel Nunes Gordon Nadler Woolsey jected. Crane Issa Nussle Green (TX) Napolitano Wu The result of the vote was announced Crenshaw Istook Oberstar Grijalva Neal (MA) Wynn as above recorded. Crowley Jackson (IL) Obey Cubin Jackson-Lee Olver NAYS—218 The SPEAKER pro tempore. The Culberson (TX) Ortiz Aderholt Brady (TX) Crenshaw question is on the passage of the bill. Cummings Jefferson Osborne Akin Brown (SC) Cubin The question was taken; and the Cunningham Jenkins Ose Alexander Brown-Waite, Culberson Davis (AL) John Otter Bachus Ginny Cunningham Speaker pro tempore announced that Davis (CA) Johnson (CT) Owens Baker Burgess Davis, Jo Ann the noes appeared to have it. Davis (FL) Johnson (IL) Pallone Ballenger Burns Davis, Tom RECORDED VOTE Davis (TN) Johnson, E. B. Pascrell Barrett (SC) Burr Deal (GA) Davis, Jo Ann Johnson, Sam Pastor Bartlett (MD) Burton (IN) DeLay Mr. DEFAZIO. Mr. Speaker, I demand Davis, Tom Jones (OH) Payne Barton (TX) Buyer DeMint a recorded vote. Deal (GA) Kanjorski Pearce Bass Calvert Doolittle A recorded vote was ordered. DeFazio Kaptur Pelosi Beauprez Camp Dreier DeGette Keller Pence Biggert Cantor Duncan The SPEAKER pro tempore. This Delahunt Kelly Peterson (MN) Bilirakis Capito Dunn will be a 5-minute vote. DeLauro Kennedy (MN) Peterson (PA) Bishop (UT) Carter Ehlers The vote was taken by electronic de- DeLay Kennedy (RI) Petri Blackburn Castle Emerson vice, and there were—ayes 409, noes 8, DeMint Kildee Pickering Blunt Chabot English Deutsch Kilpatrick Pitts Boehner Chocola Everett not voting 15, as follows: Dicks Kind Platts Bonilla Coble Feeney [Roll No. 481] Dingell King (IA) Pombo Bonner Cole Ferguson Doggett King (NY) Pomeroy Bono Collins Flake AYES—409 Dooley (CA) Kingston Porter Boozman Cox Foley Abercrombie Aderholt Alexander Doolittle Kirk Portman Bradley (NH) Crane Forbes Ackerman Akin Allen Doyle Kleczka Price (NC)

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.034 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7887 Pryce (OH) Sensenbrenner Thornberry The Clerk read the title of the bill. McHugh Porter Smith (WA) Putnam Serrano Tiahrt McInnis Portman Snyder Quinn Sessions Tiberi The SPEAKER pro tempore. The McIntyre Price (NC) Solis Radanovich Shadegg Tierney question is on the motion offered by McKeon Pryce (OH) Souder Rahall Shaw Towns the gentleman from California (Mr. McNulty Putnam Spratt Ramstad Shays Turner (OH) HERGER) that the House suspend the Meehan Quinn Stark Rangel Sherman Turner (TX) Menendez Radanovich Stearns Regula Sherwood Udall (CO) rules and pass the bill, H.R. 5149, on Mica Rahall Stenholm Rehberg Shimkus Udall (NM) which the yeas and nays are ordered. Michaud Ramstad Strickland Renzi Shuster Upton This will be a 5-minute vote. Millender- Rangel Stupak Reyes Simmons McDonald Regula Sullivan Van Hollen The vote was taken by electronic de- Reynolds Simpson Vela´ zquez Miller (FL) Rehberg Sweeney Rodriguez Skelton Visclosky vice, and there were—yeas 416, nays 0, Miller (MI) Renzi Tancredo Rogers (AL) Slaughter Vitter not voting 16, as follows: Miller (NC) Reyes Tanner Rogers (KY) Smith (MI) Walden (OR) Miller, Gary Reynolds Tauscher Rogers (MI) Smith (NJ) [Roll No. 482] Walsh Miller, George Rodriguez Taylor (MS) Rohrabacher Smith (TX) Mollohan Rogers (AL) Taylor (NC) Wamp YEAS—416 Ross Smith (WA) Moore Rogers (KY) Terry Waters Rothman Snyder Abercrombie Cummings Hoekstra Moran (KS) Rogers (MI) Thomas Watson Roybal-Allard Solis Ackerman Cunningham Holden Moran (VA) Rohrabacher Thompson (CA) Watt Royce Souder Aderholt Davis (AL) Holt Murphy Ross Thompson (MS) Waxman Ruppersberger Spratt Akin Davis (CA) Honda Murtha Rothman Thornberry Rush Stark Weiner Alexander Davis (FL) Hooley (OR) Musgrave Roybal-Allard Tiahrt Ryan (OH) Stenholm Weldon (FL) Allen Davis (TN) Hostettler Myrick Royce Tiberi Ryan (WI) Strickland Weldon (PA) Andrews Davis, Jo Ann Houghton Nadler Ruppersberger Tierney Ryun (KS) Stupak Weller Baca Davis, Tom Hoyer Napolitano Rush Toomey Sabo Sullivan Wexler Bachus Deal (GA) Hulshof Neal (MA) Ryan (OH) Towns Sa´ nchez, Linda Sweeney Whitfield Baird DeFazio Hunter Neugebauer Ryan (WI) Turner (OH) T. Tancredo Wicker Baker DeGette Hyde Ney Ryun (KS) Turner (TX) Sanchez, Loretta Tanner Wilson (NM) Baldwin Delahunt Inslee Northup Sabo Udall (CO) Sanders Tauscher Wilson (SC) Ballenger DeLauro Isakson Norwood Sa´ nchez, Linda Udall (NM) Sandlin Taylor (MS) Wolf Barrett (SC) DeLay Israel Nunes T. Upton Schakowsky Taylor (NC) Woolsey Bartlett (MD) DeMint Issa Nussle Sanchez, Loretta Van Hollen Schiff Terry Wu Barton (TX) Deutsch Istook Oberstar Sanders Vela´ zquez Schrock Thomas Wynn Bass Dicks Jackson (IL) Obey Sandlin Visclosky Scott (GA) Thompson (CA) Young (AK) Beauprez Dingell Jackson-Lee Olver Saxton Vitter Scott (VA) Thompson (MS) Young (FL) Becerra Doggett (TX) Ortiz Schakowsky Walden (OR) Bell Dooley (CA) Jefferson Osborne Schiff Walsh NOES—8 Berkley Doolittle Jenkins Ose Schrock Wamp Flake Jones (NC) Stearns Berman Doyle John Otter Scott (GA) Waters Berry Dreier Johnson (CT) Franks (AZ) Oxley Toomey Owens Scott (VA) Watson Hensarling Paul Biggert Duncan Johnson (IL) Oxley Sensenbrenner Watt Bilirakis Dunn Johnson, E. B. Pallone Serrano Waxman NOT VOTING—15 Bishop (GA) Edwards Johnson, Sam Pascrell Sessions Weiner Bishop (NY) Ehlers Jones (NC) Boehlert Diaz-Balart, M. Meeks (NY) Pastor Shadegg Weldon (FL) Bishop (UT) Emanuel Jones (OH) Brown, Corrine Harman Nethercutt Paul Shaw Weldon (PA) Blackburn Emerson Kanjorski Cannon Harris Ros-Lehtinen Payne Shays Weller Blumenauer Engel Kaptur Davis (IL) Hastings (FL) Saxton Pearce Sherman Wexler Blunt English Keller Diaz-Balart, L. Meek (FL) Tauzin Pelosi Sherwood Whitfield Boehner Eshoo Kelly Pence Shimkus Wicker ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bonilla Etheridge Kennedy (MN) Peterson (MN) Shuster Wilson (NM) Bonner Evans Kennedy (RI) The SPEAKER pro tempore (during Peterson (PA) Simmons Wilson (SC) Bono Everett Kildee Petri Simpson Wolf the vote). Members are advised 2 min- Boozman Farr Kilpatrick Pickering Skelton Woolsey utes remain in this vote. Boswell Fattah Kind Pitts Slaughter Wu Boucher Feeney King (IA) Platts Smith (MI) Wynn b 1230 Boyd Ferguson King (NY) Pombo Smith (NJ) Young (AK) Bradley (NH) Filner Kingston Pomeroy Smith (TX) Young (FL) So the bill was passed. Brady (PA) Flake Kirk The result of the vote was announced Brown (OH) Foley Kleczka NOT VOTING—16 as above recorded. Brown (SC) Forbes Kline Boehlert Diaz-Balart, M. Meeks (NY) Brown-Waite, Ford Knollenberg Brady (TX) Gephardt Nethercutt A motion to reconsider was laid on Ginny Fossella Kolbe Brown, Corrine Harman Ros-Lehtinen the table. Burgess Frank (MA) Kucinich Cannon Harris Burns Franks (AZ) LaHood Tauzin f Davis (IL) Hastings (FL) Burr Frelinghuysen Lampson Diaz-Balart, L. Meek (FL) GENERAL LEAVE Burton (IN) Frost Langevin Butterfield Gallegly Lantos ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. YOUNG of Alaska. Mr. Speaker, I Buyer Garrett (NJ) Larsen (WA) The SPEAKER pro tempore (Mr. ask unanimous consent that all Mem- Calvert Gerlach Larson (CT) Camp Gibbons Latham SIMPSON) (during the vote). Members bers may have 5 legislative days within Cantor Gilchrest LaTourette are advised 2 minutes remain in this which to revise and extend their re- Capito Gillmor Leach vote. marks and include extraneous material Capps Gingrey Lee Capuano Gonzalez Levin b 1239 on H.R. 5183. Cardin Goode Lewis (CA) The SPEAKER pro tempore (Mr. Cardoza Goodlatte Lewis (GA) So (two-thirds having voted in favor SIMPSON). Is there objection to the re- Carson (IN) Gordon Lewis (KY) thereof) the rules were suspended and quest of the gentleman from Alaska? Carson (OK) Granger Linder the bill was passed. Carter Graves Lipinski There was no objection. Case Green (TX) LoBiondo The result of the vote was announced f Castle Green (WI) Lofgren as above recorded. Chabot Greenwood Lowey A motion to reconsider was laid on ANNOUNCEMENT BY THE SPEAKER Chandler Grijalva Lucas (KY) the table. PRO TEMPORE Chocola Gutierrez Lucas (OK) Clay Gutknecht Lynch f The SPEAKER pro tempore. Without Clyburn Hall Majette objection, 5-minute voting will resume. Coble Hart Maloney DEPARTMENT OF VETERANS AF- Cole Hastings (WA) Manzullo There was no objection. FAIRS NURSE RECRUITMENT Collins Hayes Markey AND RETENTION ACT OF 2004 f Conyers Hayworth Marshall Cooper Hefley Matheson The SPEAKER pro tempore. The un- WELFARE REFORM EXTENSION Costello Hensarling Matsui finished business is the question of sus- ACT, PART VIII Cox Herger McCarthy (MO) Cramer Herseth McCarthy (NY) pending the rules and passing the bill, The SPEAKER pro tempore. The un- Crane Hill McCollum H.R. 4231, as amended. finished business is the question of sus- Crenshaw Hinchey McCotter The Clerk read the title of the bill. Crowley Hinojosa McCrery pending the rules and passing the bill, Cubin Hobson McDermott The SPEAKER pro tempore. The H.R. 5149. Culberson Hoeffel McGovern question is on the motion offered by

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.014 H30PT1 H7888 CONGRESSIONAL RECORD — HOUSE September 30, 2004 the gentleman from New Jersey (Mr. Mica Radanovich Spratt b 1245 Michaud Rahall Stark SMITH) that the House suspend the Millender- Ramstad Stearns PROVIDING FOR CONSIDERATION rules and pass the bill, H.R. 4231, as McDonald Rangel Stenholm OF H.J. Res. 106, MARRIAGE PRO- amended, on which the yeas and nays Miller (FL) Regula Strickland TECTION AMENDMENT are ordered. Miller (MI) Rehberg Stupak Miller (NC) Renzi Sullivan Mrs. MYRICK. Mr. Speaker, by direc- This will be a 5-minute vote. Miller, Gary Reyes Sweeney tion of the Committee on Rules, I call Miller, George Reynolds The vote was taken by electronic de- Tancredo up House Resolution 801 and ask for its Mollohan Rodriguez Tanner vice, and there were—yeas 411, nays 1, Moran (KS) Rogers (AL) Tauscher immediate consideration. not voting 20, as follows: Moran (VA) Rogers (KY) Taylor (MS) The Clerk read the resolution as fol- Murphy Rogers (MI) Taylor (NC) lows: [Roll No. 483] Murtha Rohrabacher Terry YEAS—411 Musgrave Ross H. RES. 801 Myrick Rothman Thomas Resolved, That upon the adoption of this Thompson (CA) Abercrombie Davis (AL) Hostettler Nadler Roybal-Allard resolution it shall be in order to consider in Ackerman Davis (CA) Houghton Napolitano Royce Thompson (MS) Aderholt Davis (FL) Hoyer Thornberry the House the joint resolution (H.J. Res. 106) Neal (MA) Ruppersberger proposing an amendment to the Constitution Akin Davis (TN) Hulshof Neugebauer Rush Tiahrt Alexander Davis, Jo Ann Hunter Ney Ryan (OH) Tiberi of the United States relating to marriage. Andrews Davis, Tom Hyde Northup Ryan (WI) Tierney The joint resolution shall be considered as Baca Deal (GA) Inslee Norwood Ryun (KS) Toomey read for amendment. The previous question Bachus DeFazio Isakson Nunes Sabo Towns shall be considered as ordered on the joint Baird DeGette Israel Nussle Sa´ nchez, Linda Turner (OH) resolution to final passage without inter- Baker Delahunt Issa Oberstar T. Udall (CO) Baldwin DeLauro Istook vening motion except: (1) two hours and 30 Obey Sanchez, Loretta Udall (NM) minutes of debate on the joint resolution Ballenger DeLay Jackson (IL) Olver Sanders Upton Barrett (SC) DeMint Jackson-Lee equally divided and controlled by the Major- Ortiz Sandlin Van Hollen Bartlett (MD) Deutsch (TX) ity Leader and the Minority Leader or their Osborne Saxton Vela´ zquez Barton (TX) Dicks Jefferson designees; and (2) one motion to recommit. Ose Schakowsky Visclosky Bass Dingell Jenkins Otter Schiff SEC. 2. During consideration of H.J. Res. Beauprez Doggett John Vitter Owens Schrock Walden (OR) 106 pursuant to this resolution, notwith- Becerra Dooley (CA) Johnson (CT) Oxley Scott (GA) standing the operation of the previous ques- Bell Doolittle Johnson (IL) Walsh Pallone Scott (VA) Wamp tion, the Chair may postpone further consid- Berkley Doyle Johnson, E. B. Pascrell Sensenbrenner Waters eration of the joint resolution to a time des- Berman Dreier Johnson, Sam Pastor Serrano Watson ignated by the Speaker. Berry Duncan Jones (NC) Paul Sessions Watt Biggert Dunn Jones (OH) Payne Shadegg The SPEAKER pro tempore (Mr. Waxman Bilirakis Edwards Kanjorski Pearce Shaw SIMPSON). The gentlewoman from Bishop (GA) Ehlers Kaptur Weiner Pelosi Shays North Carolina (Mrs. MYRICK) is recog- Bishop (NY) Emanuel Keller Peterson (MN) Sherman Weldon (FL) Bishop (UT) Emerson Kelly Peterson (PA) Sherwood Weldon (PA) nized for 1 hour. Blackburn Engel Kennedy (MN) Petri Shimkus Weller Mrs. MYRICK. Mr. Speaker, for the Blumenauer English Kennedy (RI) Pickering Shuster Wexler purposes of debate only, I yield the cus- Blunt Etheridge Kildee Whitfield Pitts Simmons tomary 30 minutes to the gentleman Boehner Evans Kilpatrick Platts Simpson Wicker Bonilla Everett Kind Pombo Skelton Wilson (NM) from Massachusetts (Mr. MCGOVERN), Bonner Farr King (IA) Pomeroy Slaughter Wilson (SC) pending which I yield myself such time Bono Fattah King (NY) Porter Smith (NJ) Wolf Boozman Feeney Kingston as I may consume. During consider- Portman Smith (TX) Woolsey ation of this resolution, all time yield- Boswell Ferguson Kirk Price (NC) Smith (WA) Wu Boucher Filner Kleczka Pryce (OH) Snyder Wynn ed is for the purpose of debate only. Boyd Flake Kline Putnam Solis Young (AK) Mr. Speaker, on Tuesday, the Com- Bradley (NH) Foley Knollenberg Quinn Souder Young (FL) mittee on Rules met and granted a Brady (PA) Forbes Kolbe Brady (TX) Ford Kucinich NAYS—1 closed rule for H.R. 106, the marriage Brown (OH) Fossella LaHood Smith (MI) protection amendment. The rule pro- Brown (SC) Frank (MA) Lampson vides 2 hours and 30 minutes of debate, Brown-Waite, Franks (AZ) Langevin NOT VOTING—20 Ginny Frelinghuysen Lantos equally divided and controlled by the Allen Eshoo Moore Burgess Frost Larsen (WA) majority leader and the minority lead- Boehlert Gephardt Burns Gallegly Larson (CT) Nethercutt Brown, Corrine Harman er or their designees. Burr Garrett (NJ) Latham Pence Cannon Harris H.J. Res. 106 proposes an amendment Burton (IN) Gerlach LaTourette Ros-Lehtinen Davis (IL) Hastings (FL) Butterfield Gibbons Leach Tauzin to the Constitution of the United Diaz-Balart, L. Meek (FL) Buyer Gilchrest Lee Turner (TX) States relating to marriage. The Diaz-Balart, M. Meeks (NY) Calvert Gillmor Levin amendment states that ‘‘Marriage in Camp Gingrey Lewis (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the United States shall consist solely Cantor Gonzalez Lewis (GA) Capito Goode Lewis (KY) The SPEAKER pro tempore (during of the union of a man and a woman. Capps Goodlatte Linder the vote). Members are advised 2 min- Neither this constitution, nor the con- Capuano Gordon Lipinski utes remain in this vote. stitution of any State, shall be con- Cardin Granger LoBiondo Cardoza Graves Lofgren strued to require that marriage or the Carson (IN) Green (TX) Lowey b 1247 legal incidents thereof be conferred Carson (OK) Green (WI) Lucas (KY) So (two-thirds having voted in favor upon any union other than a man and Carter Greenwood Lucas (OK) a woman.’’ Case Grijalva Lynch thereof) the rules were suspended and Castle Gutierrez Majette the bill, as amended, was passed. The constitutional amendment proc- Chabot Gutknecht Maloney The result of the vote was announced ess is the most democratic process in Chandler Hall Manzullo as above recorded. our Federal system, and it requires ap- Chocola Hart Markey proval from two-thirds of each House of Clay Hastings (WA) Marshall A motion to reconsider was laid on Clyburn Hayes Matheson the table. Congress and three-quarters of the Coble Hayworth Matsui States by votes of their State legisla- Cole Hefley McCarthy (MO) f tors. Collins Hensarling McCarthy (NY) This bill has come up because same- Conyers Herger McCollum PERSONAL EXPLANATION Cooper Herseth McCotter sex marriage advocates have been Costello Hill McCrery Ms. HARRIS. Mr. Speaker, due to unavoid- using the courts and even local offi- Cox Hinchey McDermott able circumstances this morning, I was unable cials who have intentionally violated Cramer Hinojosa McGovern Crane Hobson McHugh to participate in the first series of votes in the the law to circumvent the democratic Crenshaw Hoeffel McInnis House of Representatives. Had I been process. Passing a constitutional Crowley Hoekstra McIntyre present, the following affirms my voting intent: amendment will place the debate where Cubin Holden McKeon On rollcall vote No. 480: ‘‘No.’’ On rollcall vote Culberson Holt McNulty it belongs, with the American people. Cummings Honda Meehan No. 481: ‘‘Aye.’’ On rollcall vote No. 482: Forty-four States have already en- Cunningham Hooley (OR) Menendez ‘‘Aye.’’ On rollcall vote No. 483: ‘‘Aye.’’ acted laws that provide that marriage

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.040 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7889 shall consist only of the union of a man country that States, not the Federal CHENEY, said it well in 2000, and I have and a woman. Those forty-four States Government, have the right to regulate his words right here, and I quote, ‘‘The represent 88 percent of all the States marriage and other issues of family fact of the matter is that we live in a and 86 percent of the population. law. And States are already addressing free society, and freedom means free- As President Bush said in his State same-sex marriage. When the Hawaii dom for everybody. And I think that of the Union address, if judges insist on Supreme Court held that denying means that people should be free to forcing their arbitrary will upon the same-sex couples the right to marriage enter into any kind of relationship people, the only alternative left to the violated the Hawaii constitution, the they want to enter into. It’s really no people would be the constitutional voters of Hawaii passed a constitu- one else’s business in terms of trying process. To that end, I urge my col- tional amendment allowing the State to regulate or prohibit behaviors in leagues to support the rule and the un- legislature to limit marriage to dif- that regard. I think different States derlying bill. ferent-sex couples. are likely to come to different conclu- Mr. Speaker, I reserve the balance of The people of Alaska amended their sions, and that’s appropriate. I don’t my time. constitution to define marriage as a think there should necessarily be a Mr. MCGOVERN. Mr. Speaker, I union between one man and one woman Federal policy in that area.’’ thank the gentlewoman from North after an Alaskan trial court held deny- And those are the words of the Vice Carolina (Mrs. MYRICK) for yielding me ing the right of marriage to same-sex President of the United States, DICK the customary 30 minutes, and I yield couples violated the Alaskan constitu- CHENEY. The Vice President speaks myself such time as I may consume. tion. from very personal experience. He Mr. Speaker, this is another sad day States all across the country are loves someone who is gay, not because for the House of Representatives and moving in similar directions, but that she chose to be gay but because that is for the people that we serve. Once is not good enough for the supporters just who she is. again, some in the leadership of this of this amendment. They believe that Mr. Speaker, if this amendment House, including and especially the the only way to address this issue is to passes, discrimination against a group majority leader, have brought a divi- add discrimination to the United of people will be written into the Con- sive, unnecessary, and just plain mean- States Constitution. stitution of the United States. If this spirited bill to the floor in order to ad- Of course, the irony in all of this is amendment passes, we will be taking a vance their own partisan political in- that the Defense of Marriage Act, or step backward in our march toward terests. DOMA, was signed by President Clin- equal protection under the law. All of ton and is already the law of the land. Once again, they have decided to ig- us take an oath to uphold and defend Under DOMA, States can already nore unemployment, ignore the health the Constitution not to use it as a po- refuse to recognize marriages from care crisis, ignore record deficits, ig- litical weapon. nore national security, in short to ig- States with different policies. There are some who say that this is I guess that fact does not make for nore the real concerns of the American about protecting future generations, very good press releases or 30-second people. Why? our kids. Well, let me tell you in this You can find the answer just by look- political attack ads. Second, if this amendment becomes chamber today, I have two beautiful ing at the calendar. We are 5 weeks the law of the land, civil union and do- children, a 6-year-old son and a 3-year- from an election and there are some, mestic partnership laws all across the old daughter, who I love more than not all, but some Members on the other country will be thrown out the window. anything, and I do not want them to side of the aisle who have chosen to put Things like hospital visitation rights, grow up in a country where an entire aside the important work we need to family medical leave, and inheritance group of people is treated as second do. rights can be taken away. class citizens. By today, the 13 appropriation bills According to the Coalition Against To those, like the gentlewoman from should have been signed into law. So Discrimination in the Constitution, an Colorado (Ms. MUSGRAVE), who say this far, only one has the President’s signa- organization of civil-rights groups, is about protecting marriage, let me ture. Where is the Homeland Security labor unions, and religious organiza- ask, just whose marriage are you try- appropriation bill? Can anyone really tions, this constitutional amendment ing to protect? I am happily married, say with a straight face that a con- would likely prevent the civil unions and I do not need Members of Congress stitutional amendment beating up on enacted by the States of Vermont and to protect my marriage. Please do not gay people is more important than California. use my marriage to promote funding our Homeland Security needs? Now, we will hear a lot of talk from homophobia and discrimination. How about the recommendations of the people on the other side of the debate Mr. Speaker, this amendment is bipartisan 9/11 Commission, or the today about Massachusetts, so let me wrong. And to those of my colleagues transportation bill? How about funding talk about my home State. Our State who support this amendment today, let for schools and hospitals and veterans? Supreme Court decided in favor of me state clearly that you are on the They are nowhere to be found. Instead, same-sex marriage last year. And right wrong side of history. It is wrong to we get legislative gay bashing. Another now there is a legislative process un- tarnish our most sacred document, our sad day. derway in which the people of Massa- Constitution, with discrimination. It is Today, we are being asked to con- chusetts will have the opportunity to wrong to take a beautiful institution sider H.J. Res. 106, which would amend change our own State constitution to like marriage and use it as an instru- the United States Constitution to ban prohibit same-sex marriage, if they so ment of division and hostility. gay marriage, to ban civil unions, and choose. Mr. Speaker, I urge my colleagues to to abolish the ability of States to in- The interesting thing is that I doubt do the right thing. Help secure the terpret their own State constitutions. that it will succeed in Massachusetts. blessings of liberty for all Americans. So this is no small matter. Starting on May 17, 2004, gay men and Vote ‘‘no’’ on this amendment. It is important to note at the outset women in Massachusetts got married, Mr. Speaker, I reserve the balance of that the Constitution clearly prohibits and guess what? The world kept spin- my time. the government from interfering with ning on its axis, the sun came up the Mrs. MYRICK. Mr. Speaker, I yield the marriages performed by religious next day, people went to work, sent myself such time as I may consume to institutions. Our Founding Fathers their kids to school and cheered for the say that the gentleman from Massa- were very clear about this. The govern- Red Sox. So we are doing just fine in chusetts is aware that the Homeland ment cannot force any church or syna- Massachusetts, thank you very much. Security bill, a very complicated bill, gogue or mosque to perform a religious And we certainly do not need anyone is going through, I believe, five com- marriage. That will not change, no from Colorado or Georgia or Texas tell- mittees, and it is in that committee matter what happens today. ing us how to handle the marriage process this week and we are going to Now, there are several fundamental issue in our own State. have it on the floor next week. So it is problems with this amendment. First, The impeccably conservative Vice not that the Homeland Security bill is it has long been the tradition in this President of the United States, DICK not going to be dealt with.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.043 H30PT1 H7890 CONGRESSIONAL RECORD — HOUSE September 30, 2004 Mr. Speaker, I yield 3 minutes to the In such an environment, it is no sur- debate: No matter how advantageous gentleman from Texas (Mr. DELAY), prise to me that legal scholars on both one thinks it is, try hard to believe the majority leader. sides of this issue, from Lawrence something no one believes; it does not Mr. DELAY. Mr. Speaker, I thank the Tribe to Robert Bork, all but concede really help your cause. gentlewoman for yielding me this time, DOMA will eventually be struck down Beyond that, we have the most seri- and I rise in support of the rule before because it contradicts the tortured ju- ously misdescribed constitutional us and in support of the marriage pro- risprudence of activist judges. amendment I have ever seen. Actually tection amendment itself. Mr. Speaker, in other words, the defi- if the Republicans go forward with I am well aware that this is not a day nition of marriage will be a matter of their proposal, having created the larg- many of us in this House relish. Many constitutional law one day very soon. est deficits in our history, to require a of us who support the marriage protec- The question before us is whether that balanced budget some time in the far tion amendment are saddened that the definition will be radical and arbitrary, distant future, that may be an even need for this amendment exists at all. or based on the experience of human greater one at variance with reality. The definition of marriage seems to us, civilization dating back to the origin But here is the problem: They describe and the vast majority of the American of our species; whether that definition an amendment very different than the people, as a matter of common sense will be written by individual judges im- one they bring forward. and social reality. And many who opposing their political biases on the Na- We have heard the gentlewoman from pose the amendment, most I would say, tion or written by the people of the North Carolina and the gentleman see the movement to protect marriage United States through their elected from Texas say this is aimed at pre- as mean spirited and unnecessary. In Representatives in Congress and State venting judges from forcing one State either case, most of us in this House legislatures. to do what another State does. It does would prefer not to have this debate. DOMA passed with broad bipartisan far more than that. At its core what it We would prefer to live in a society in support. To date, 44 States have de- does is say that no State, by whatever which such debates were unnecessary, fined marriage as the union between a process it chooses, may find that two but, unfortunately, we do not. man and a woman. Consensus exists women being willing to commit them- The question of the future of mar- today. And yet the runaway courts selves to each other legally as well as riage in America has been forced upon keep coming, bent on replacing Con- emotionally is a good thing and not a us by activist judges trying to legislate gress as the legislative authority of the bad thing, because that is the core of from the bench and forced upon us in United States. Let me be plain: The the issue. such a way that the only remaining an- status quo is not an option. Avoiding In the State of Massachusetts, it is swer is to amend the Constitution of this issue is not an option, not any- true we began with a court decision. the United States. These are the facts, more, not since the Supreme Judicial Since then, it has been debated in our Mr. Speaker. The majority of the Court of Massachusetts invented a legislature. The legislature of Massa- American people want to protect tradi- right to homosexual marriage out of chusetts very narrowly approved an tional marriage for reasons ranging thin air, and not since a State court amendment that would have said no to from the political to the religious to judge invented a similar right in Wash- same-sex marriages but would have the practical. But a minority of our ington State, not since 11 States face mandated full civil unions, which may citizens, a vocal and sincere minority, court challenges to their marriage also be thrown out by this amendment. wish to alter the definition of marriage laws. This issue is not going away. That amendment will now be debated to include relationships outside the Those who know me know I am not a next year. union of one man and one woman. fan of constitutional amendments in An election is going on in Massachu- In response to this minority opinion, general. And at first I resisted this setts today in which how people voted the American people asserted their on this is a major issue. We just had a consensus in 1996 when a Republican amendment in particular. But the fact change in the leadership of the Massa- Congress and a Democrat President can no longer be denied. If marriage is chusetts House. A speaker who opposed worked together to enact the Defense to be protected in this country, it can of Marriage Act. Its support was and only be protected by a constitutional same-sex marriage has been replaced remains bipartisan and overwhelming amendment. The timing, substance and by a speaker elected by the House of across the country. necessity of the marriage protection Representatives of Massachusetts, in DOMA says two things: First, that amendment have been forced by the turn elected by the people, who support for the purposes of Federal law, the courts and their refusal to be bound by same-sex marriage. term marriage describes a union be- the clear and absolute limits of their I think the question is very much in tween one man and one woman. And, constitutional authority to interpret doubt, but the point is undeniable; the second, it says that no State, including the law. This amendment is the only political process in Massachusetts, the Massachusetts, can force their will on way marriage will be protected. democratic process in Massachusetts, the rest of us. And no State under its Now I know it is a difficult issue, and is now deciding whether or not to allow own laws can be required to recognize I know it is an emotional issue for peo- same-sex marriage. homosexual unions licensed in other ple across the political spectrum and Mr. Speaker, the other side comes States. across this country, but it is an issue with an amendment that would cancel that has been forced. The people must any decision made on this that they do b 1300 be heard. Congress must assume its re- not like by the people of Massachu- That is the law as it currently sponsibility and must respond. This de- setts. This is not an amendment that stands: fair, straightforward, and rep- bate today will begin with that re- says one State cannot do something to resentative of an overwhelming con- sponse, and, I hope, do so as it should, another State. There would be an sensus among the American people. with civility, respect and sensitivity to amendment possible. I would not be for One would think this would be the all points of view. it, but if that is really what is meant, end of the story, but it is not. DOMA is Mr. MCGOVERN. Mr. Speaker, I yield then we would have an amendment under an incessant and coordinated 5 minutes to the gentleman from Mas- that took DOMA and made it a con- constitutional attack in the Federal sachusetts (Mr. FRANK). stitutional principle. Such an amend- courts. Despite DOMA’s obvious con- Mr. FRANK of Massachusetts. Mr. ment would be possible. I think it stitutionality, those activist judges, Speaker, to begin as the majority lead- would be a mistake. I do not think it who feel a greater responsibility to er leaves, I must say when he says that would be a good idea to freeze that, be- their own political ideology than the the timing of this, 1 month before an cause then we would have some real Constitution, seem not to care. Indeed, election when the issue has been pend- difficulties, but it would be at least in inventing rights out of whole cloth, in ing all year, when he says the timing accordance with what the other side is direct violation of the will of the peo- was forced upon him and is not effected saying because this amendment does ple, too often seems to be the coin of by political considerations, he violates far more than has been described. the realm on the Federal bench these what I would recommend to the gen- It has been a rule that I have found days. tleman is an important rule of political when people in political debate will not

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.045 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7891 be completely open about what they it my desire to impose views or attack Mr. Speaker, I yield 3 minutes to the are trying to do, it is because they any individual or anyone in a relation- gentleman from Virginia (Mr. MORAN). really know it is not defensible. Why ship in America. Mr. MORAN of Virginia. Mr. Speak- do you not acknowledge that this I am from south of Highway 40 in In- er, today we stand on the floor of the amendment would cancel a democratic diana, but I do know the difference be- people’s body, the United States House decision by the people of Massachu- tween defending and attacking. And of Representatives, with the intention setts? Indeed, if the legislature decides the truth is, as legal scholars and mil- of writing discrimination into the U.S. to get rid of this, there will be a ref- lions of Americans know, the institu- Constitution for the first time in our erendum. If the legislature does not de- tion of marriage is under attack by ac- Nation’s history. cide to get rid of it, then a fairly small tivist judges; and it brings us, as the It is not so troubling that this is po- number of people can force a ref- majority leader said so eloquently, to litically driven, what is so troubling is erendum and we will have a ref- this place, by necessity, where a con- the mean-spirited nature of this legis- erendum, very likely, in 2008. stitutional amendment is the only way lation. The marriage protection We will have had by that time the we can express the will of 3 out of 4 or amendment; what a cruel joke. It does benefit of 4 years in which same-sex more Americans who desire to continue not do anything to protect marriage in marriages happened. I understand why to have this fundamental institution of this country. It does not suggest to in- the opponents of same-sex marriage are marriage defined as it has been dividuals the importance of commu- so upset. They have made a number of throughout the millennia. nication in a successful relationship. It predictions about what will come after Activist judges have had successes does not reduce promiscuity or stop same-sex marriage, none of which will since 1999 when they convinced the unwanted pregnancies. It does not be proven true, so they are desperately Vermont Supreme Court that they strengthen people’s resolve to work trying to cut this off before it happens. should order the State legislature to through the difficulties that always We have already had nearly 5 months legalize same-sex marriage. A second come within a marriage. It does not do of same-sex marriage. None of their major victory came when they con- any of that. vinced the Massachusetts Supreme Ju- predictions were proven true, as none b 1315 of their predictions were proven true dicial Court to force that State to give when they talked about the chaos in full marriage licenses. What it does do is to single out one The activists have literally plotted a Vermont. group of people for discrimination, de- State-by-State strategy to increase the But let us understand what the House claring them forever unworthy of the number of judicial decisions mandating is being asked to do. If the concern was same legal protection that all other same-sex marriage, and the U.S. Su- to say judges could not decide this, if Americans enjoy. Further, this amend- preme Court provided potent ammuni- the concern was to say full faith and ment would usurp the will of the people tion to activists when they decided the credit does not apply, there would be in States that have used their tradi- Lawrence v. Texas case in June of last amendments that could be narrowly tional States rights authority to define year. In that case dealing with same- drafted to deal with that, although I civil marriage and civil union laws. sex sodomy, the court strongly sig- would not support them. But that is State laws passed by elected represent- naled that a right to same-sex mar- not what is here. This amendment says atives in places like Vermont will be riage could be found in the Constitu- no State, Vermont, Massachusetts, by wiped clean off the books. In situations tion. Scholars ranging from Supreme where a loved one is sick in the hos- whatever process, by referendum, by Court Justice Scalia all the way to vote of the legislature, by whatever pital, same-sex couples will once again Harvard liberal scholar and author lose the right to sit bedside and help process, can decide that it would like Lawrence Tribe agree that the Law- to have same-sex marriage for its own nurse their partner back to health. rence v. Texas case paves the way for These couples’ ability to plan their fi- citizens. this Supreme Court in this Nation’s I will say that on behalf of the citi- nancial future together and to share Capital to recognize same-sex mar- health care benefits will also be forever zens of Massachusetts, who do not riage. Same-sex couples are now chal- share the distaste for love that is ex- taken away. lenging marriage laws in States across Mr. Speaker, we already have suffi- pressed in a way in which you do not the Union, including my own little disapprove that Members of the major- cient legislation to allow individual State of Indiana. States the ability to retain and struc- ity have, please do not impose your So we come here not to attack but, ture marriage laws the way they see views on the people of Massachusetts. rather, in a spirit of civility to defend fit. I opposed and continue to oppose If your concern is genuinely to prevent an institution that is cherished and is the Defense of Marriage Act which one State from forcing another, deal so essential to the American people in passed the House back in 1996, but this with that. But this is an undemocratic the life of our Nation. effort to say no State may differ in this In closing, we are here today because law is still fully functional and in ef- intimate matter of public policy with marriage matters; because, like mil- fect. No State in the Union has to ac- your views. lions of Americans, I believe it was or- cept any other State’s laws with re- Mrs. MYRICK. Mr. Speaker, I yield 3 dained by God, instituted in the law, it spect to same-sex marriage. Since the minutes to the gentleman from Indiana is the glue of the American people, and bill’s enactment 8 years ago, it has not (Mr. PENCE). the safest harbor to raise children. Let been successfully challenged in any (Mr. PENCE asked and was given per- us adopt the rule, defend the institu- court anywhere in the country. mission to revise and extend his re- tion of marriage, and ensure that our Why, then, do we need to preemp- marks.) society’s most cherished social institu- tively amend our Constitution? Our Mr. PENCE. Mr. Speaker, I rise in tion is defined by we the people and not Constitution was meant to be a sacred strong support of the rule and of the unelected judges. document by which we protect and ex- underlying Marriage Protection Act, Mr. MCGOVERN. Mr. Speaker, I yield pand individual rights, not to take and consider this to be an extremely myself such time as I may consume. them away, not to restrict them. That important day in the life of this insti- Mr. Speaker, before I yield to the is not what our country is about, and tution and the life of this Nation. next speaker, I would like to point out thus that is not what the Constitution Let me say to the gentleman from one thing which I find particularly in- is about. That is why we ought to stand Massachusetts (Mr. FRANK) who just teresting, and that is at the recent Re- in opposition to this crass attempt to spoke, who I respect greatly as the na- publican National Convention in New politically divide the American public tional leader that he is, although I am York City, all of the featured prime- in an election year. We ought to vote a conservative and although I support time speakers that the party decided to against this. We ought to vote for the a constitutional amendment to define put on display for us, Rudy Giuliani Constitution. We ought to uphold the marriage in the terms which the over- and George Pataki and Arnold vision of our forefathers and expand whelming majority of the American Schwarzenegger, all oppose what is try- the Constitution, use it as a document people wish to continue to define it, I ing to be done today. They all oppose to protect individual rights, not to re- have no distaste for love; and neither is this constitutional amendment. strict and destroy them.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.048 H30PT1 H7892 CONGRESSIONAL RECORD — HOUSE September 30, 2004 Mrs. MYRICK. Mr. Speaker, I yield beside. He was so big and strong. I got couples take for granted. We all have 31⁄2 minutes to the gentleman from Mis- it to go a ways and crashed into a bush. family members or friends whose hopes souri (Mr. AKIN). I came up all crying and scratched. He and dreams this amendment would Mr. AKIN. Mr. Speaker, I am pleased put me back on the bike and taught me shatter, good people whose lives should to rise today in support of the Mar- something about persevering. not be used as an election-year tactic riage Protection Amendment rule. We That is what this whole story is to distract attention from the incom- did not ask for this debate. It was about. It is about little people and petence of the Bush administration’s brought on us by activist judges who whether they are going to have a moth- planning for and the conduct of the dis- have chosen to impose on the will of er and a father. The real discrimina- mal, dismal aftermath of President the people this redefinition of mar- tion here is the activist judges who Bush’s war on Iraq and to distract at- riage. would deny children the rich advan- tention from 4 years of deteriorating Sociologists, psychologists, and other tages of a mom and a dad. If this Con- fiscal stability here at home, with experts can give us all sorts of tech- gress does not act to protect families, record yearly deficits, exploding na- nical explanations, but we all know it is a gross dereliction of our duty. tional debt, and puny job growth. from experience that kids are best off Vote to protect our children and vote Mr. Speaker, we should reject this when they have a mom and a dad. And to protect marriage. rule and this divisive, discriminatory kids are what this debate is all about. Mr. MCGOVERN. Mr. Speaker, I yield amendment. It is not about civil rights or the rights myself such time as I may consume. Mrs. MYRICK. Mr. Speaker, I yield 3 of same-sex couples. Same-sex couples Let me first say to the gentleman minutes to the gentleman from Ohio are free to live as they choose. This who just spoke, I guess I must obvi- (Mr. CHABOT). amendment does not change that. In- ously have more confidence in our Mr. CHABOT. I thank the gentle- stead, this amendment simply defines State legislatures across this country woman for yielding me this time. what marriage is, the union of one man than he does because State legislatures Mr. Speaker, my comments would be and one woman. all across this country are acting on generally around an article which ap- There are some here that would this issue. I think they are closer to peared by one of my colleagues whom I claim that traditional marriage is dis- the people of the States than in many greatly respect, the gentleman from criminating. But my question is this: respects we are. It seems to me that California (Mr. COX), who spoke out Did 342 Members of this House and this process is working. When he says against this amendment. I generally former President Clinton in their sup- that we are forced to be here, that we agree with the gentleman from Cali- port of the Defense of Marriage Act dis- cannot talk about getting a real high- fornia (Mr. COX), but I have to respect- criminate when they voted that mar- way bill, that we cannot talk about fully disagree with him on this par- riage is between one man and one health care, that we cannot talk about ticular item. woman? Are we saying that 70 percent national security issues or veterans Traditional marriage, let us face it, of the voters of my State that just said benefits or education, but we have to is under attack for the very reasons that marriage is between one man and be here and debate this right now, the that my colleague from California (Mr. one woman, are they discriminating? fact of the matter is this debate is COX) had cited in that article. We need How about 80 percent of the voters of going on all across this country, and a constitutional amendment to protect Louisiana, are they discriminating? I we should let that process make its traditional marriage from the courts. do not think so. way through. For the reasons cited by the Massachu- Activist judges are trying to institu- Mr. Speaker, I yield 3 minutes to the setts Supreme Court and the logic of tionalize a lie, that marriage is just gentleman from Massachusetts (Mr. the U.S. Supreme Court in Lawrence v. about big people’s relationships. But OLVER). Texas, we cannot trust the courts to they forget the little people, about the Mr. OLVER. Mr. Speaker, I rise in interpret the law as it was intended. children, the whole generation of kids strong opposition to this rule and to As the gentleman from California who will struggle because of the ter- the underlying amendment. (Mr. COX) cited in the article: ‘‘The ju- rible precedent set by changing the in- Mr. Speaker, soldiers and innocent dicial imagination continues to stitution of marriage. We do not have to look very far to civilians are dying every single day in thrive.’’ While I believe that rights see the results of family deterioration. Iraq, 45 million Americans are without under the 14th amendment should Whole cities have suffered terrible pov- health insurance, over 35 million Amer- evolve, there must be checks. The Mar- erty and crime because the model of icans are living in poverty, and 8 mil- riage Protection Amendment will traditional families has been weak- lion are unemployed and looking for check this imagination and protect ened. Should we now stand idly by work. Yet with only 10 days until re- marriage as it was intended. while a mere handful of activist judges cess, the leadership of this House The need for a Federal marriage seek to institutionalize the lie that wastes time on a constitutional amend- amendment is simple. The traditional marriage is disconnected from child ment that does nothing to stop the institution of marriage is under Fed- rearing? Certainly the experience in deaths of our courageous young people eral constitutional attack in the the Netherlands would tell us that we in Iraq, nothing to implement the rec- courts. Legal experts across the polit- should not. When they changed the def- ommendations of the 9/11 Commission, ical spectrum agree that the only way inition of marriage, they had many nothing to address the health care cri- to guarantee and preserve the status more children born out of wedlock. sis in this country, and nothing to cre- quo, and the traditional institution of The other night I went to dinner, and ate jobs for unemployed workers and marriage, is a Federal constitutional there was a beautiful little 16-year-old our growing population. amendment. girl there. She had never had a family. Instead, they bring forward a con- Immediately after the U.S. Supreme She said that there was one thing that stitutional amendment which, if rati- Court announced its decision in Law- she had wanted all of her life and there fied, would enshrine discrimination in rence v. Texas in June of 2003, legal ex- was only one thing she had ever wanted the United States Constitution, this perts predicted that courts would begin and that was she wanted a family. Her country’s most treasured document. to strike down traditional marriage heart was telling her the truth. Think Our Constitution has never been laws around the country. Indeed, one about what she had lost. Have you ever amended to discriminate against a par- justice, Ruth Bader Ginsburg, has al- been completely lonely? No mom? No ticular group of Americans. ready written, while serving as general dad? Nobody to turn to? Think about Gay and lesbian Americans deserve counsel to the American Civil Liberties what a family provides: the love, the the same rights, responsibilities, and Union, that traditional marriage laws affection, the security when you have a protections as other citizens. This such as anti-bigamy laws are unconsti- bad dream at night, self-discipline and amendment would deny same-sex cou- tutional and must be struck down by obedience and the grace of forgiveness ples the right to make medical deci- the courts. and sharing as opposed to selfishness. sions for a sick spouse, to share health A State constitutional amendment I remember as a kid riding a bicycle. insurance, to collect Social Security cannot solve this problem. Just ask Ne- I was trying to learn. My dad ran along death benefits, all rights that married braska, whose State constitutional

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.052 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7893 amendment is currently under Federal lican allies to local, state and federal offices. Rove’s public acknowledgment that the 2004 constitutional attack. And as the gen- Log Cabin will endorse more than 50 GOP re-election campaign would focus on turning tleman from California (Mr. COX) had candidates for the U.S. House and Senate. out four million more evangelicals who he ‘‘Every victory by fair-minded Republicans believed stayed home in 2000,’’ said acknowledged, even the Massachusetts is a victory for the future of our party. We Guerriero. The President’s initial reluctance Supreme Judicial Court relied on the have made it clear that we can either be the to amend the Constitution became full- 14th amendment, a Federal constitu- party of Arnold Schwarzenegger and Rudy fledged support on February 24th of this tional provision, to invalidate tradi- Giuliani or we can be the party of Alan year. tional marriage laws in that State. Keyes and Rick Santorum,’’ continued Log Cabin has spent most of the year fight- At least six Federal constitutional Guerriero. ing the anti-family Federal Marriage challenges to the Federal Defense of ‘‘Log Cabin has proudly supported the Amendment. This fight culminated with a Marriage Act, DOMA, are now pending President’s firm leadership in the war on ter- July victory in the Senate when a growing ror. As principled Republicans, we believe in chorus of Republican opposition of the in four States: Florida, Minnesota, our Party’s commitment to a strong na- amendment forced the pro-amendment fac- Washington, and California. A rep- tional defense and a confident foreign policy. tion to play procedural games to avoid an resentative of the Lambda Legal orga- We especially applaud the President’s leader- embarrassing loss. As many as a dozen or nization, a champion of the nationwide ship in cutting taxes for American families more Republican Senators were prepared to litigation campaign to abolish tradi- and small businesses, his belief in free mar- oppose the FMA on its merits. tional marriage laws in every State, re- ket principles and his compassionate and ‘‘During the fight over the anti-family cently stated, ‘‘We won’t stop until we historic leadership in the global fight FMA, we sadly watched as the President and against HIV/AIDS,’’ continued Guerriero. his Administration leaned on Republican have same-sex marriage nationwide.’’ ‘‘At the same time, it is impossible to members of the House and Senate to support The only way to stop the lawsuits overstate the depth of anger and disappoint- this divisive and unnecessary amendment. and to ensure the protection of tradi- ment caused by the President’s support for We watched as the President’s support for tional marriage is a constitutional an anti-family Constitutional Amendment. this anti-family amendment emboldened the amendment. This amendment would not only ban gay forces of fear and exclusion to push anti-gay Mr. MCGOVERN. Mr. Speaker, the marriage, it would also jeopardize civil ballot initiatives and legislation on the state Log Cabin Republicans, which is a very unions and domestic partnerships. For six and local level. We watched as the radical well-known group to all of us here in months, the President has made it clear right works to defeat fair-minded Repub- licans across the nation. We watched as the the Congress, a group that voted to en- what he opposes. He opposes civil marriage equality; however he has failed to articulate Republican Party Platform rejected our dorse Bob Dole in 1996 and George Bush clearly what he supports. Does he support Party Unity Plan and included language op- again in 2000, has issued a statement federal civil unions? Does he support domes- posing not only civil marriage but also civil entitled ‘‘Log Cabin Republicans Vote tic partnerships? Does he support tax fair- unions, domestic partnerships or indeed any to Withhold Their Endorsement from ness for gay and lesbian couples? Does he basic benefits for same-sex couples. At a President Bush.’’ support employment non-discrimination? time when courageous gay and lesbian mili- The statement says that it is impos- Does he support hate crimes legislation? tary personnel are helping to win the war on sible to overstate the depth of anger Does he support allowing gay and lesbian terror, the platform outrageously claims ‘ho- and disappointment caused by the service members to serve openly and hon- mosexuality is incompatible with military estly?’’ asked Log Cabin Political Director service’,’’ continued Guerriero. The GOP President’s support for an anti-family Chris Barron. ‘‘An organization’s endorse- platform language continues to target gays constitutional amendment. It goes on ment means nothing if it does not have to be and lesbians and fails to present a positive to say that using gays and lesbians as earned.’’ agenda to ensure basic fairness for millions wedge issues in an election year is un- ‘‘Some will accuse us of being disloyal. of gay Americans, who pay taxes, serve in acceptable to Log Cabin, and they con- However, it was actually the White House the military, enhance communities, and clude by saying that this year they will who was disloyal to the 1,000,000 gay and les- serve in government. withhold their endorsement of Presi- bian Americans who supported him four Throughout this challenging year Log Cabin has doubled in size and launched new dent Bush. years ago. Log Cabin’s decision was made in response to the White House’s strategic po- chapters were none existed. Log Cabin suc- The text of the article is as follows: litical decision to pursue a re-election strat- cessfully led the fight against the Federal LOG CABIN REPUBLICANS VOTE TO WITHHOLD egy catered to the radical right. The Presi- Marriage Amendment with its first ever tele- ENDORSEMENT FROM PRESIDENT BUSH dent’s use of the bully pulpit, stump speech- vision advertising campaign, worked with 18 WASHINGTON, Sept. 8.—Log Cabin Repub- es and radio addresses to support a Constitu- GOP lawmakers in passing hate crimes legis- licans are withholding their endorsement tional amendment has encouraged the pas- lation in the Senate, and continued sup- from President Bush for 2004. ‘‘Log Cabin’s sage of discriminatory laws and state con- porting and educating state and local offi- National Board has voted to withhold a Pres- stitutional amendments across America. cials. Log Cabin was proud to be the only idential endorsement and shift our financial Using gays and lesbians as wedge issues in an gay and lesbian organization to endorse Ar- and political resources to defeating the rad- election year is unacceptable to Log Cabin,’’ nold Schwarzenegger’s campaign for Gov- ical right and supporting inclusive Repub- continued Guerriero. ernor of California. Log Cabin also was proud lican candidates for the U.S. Senate and ‘‘At the same time that we saw record to see many of its closest allies speaking in House of Representatives,’’ said Log Cabin numbers of gay and lesbian delegates at the primetime at the Republican National Con- Board Chairman William Brownson of Ohio. Republican National Convention, and at the vention. ‘‘It is not surprising to anyone at The Log Cabin Board of Directors voted 22 to same convention where we saw hundreds of Log Cabin that the President’s first real 2 not to endorse the President’s re-election. fair-minded Republicans gather to support bounce in the polls came after a convention ‘‘Certain moments in history require that Log Cabin and our allies, our party’s plat- that highlighted inclusive Republicans and a belief in fairness and equality not be sac- form adopted vicious and mean-spirited lan- focused on unifying issues such as winning rificed in the name of partisan politics; this guage that marginalizes gay and lesbian the war on terror. Log Cabin knows that the is one of those moments. The national Americans.’’ 2006 and 2008 elections will highlight a new board’s vote empowers Log Cabin to main- Log Cabin’s 2000 endorsement of the Bush/ generation of inclusive Republican leaders,’’ tain its integrity while furthering our goal Cheney ticket came during an election where said Guerriero. of building a more inclusive Republican the Republican nominee ran a compassionate Log Cabin calls on both major parties to Party. Log Cabin is more committed than conservative campaign that avoided culture return to the issues that unite the American ever to its core mission to build a stronger war issues. After meeting with gay Repub- family instead of fueling an unnecessary cul- and more inclusive Republican Party. There licans in 2000, Mr. Bush declared ‘‘I am a bet- ture war. Log Cabin also denounces the con- is a battle for the heart and soul of the Re- ter man,’’ and welcomed gays and lesbians as tinued flip-flops on gay and lesbian issues publican party, and that fight is bigger than valued parts of the American family. The from Democratic nominee John Kerry. Sen- one platform, one convention, or even one early days of the Bush administration were ator Kerry has repeatedly made clear his op- President,’’ said Log Cabin Republicans Ex- marked by significant victories—maintain- position to civil marriage equality and has ecutive Director Patrick Guerriero. ing existing anti-discrimination protections supported discriminatory constitutional The vote by Log Cabin’s 25 member na- for federal employees, appointing openly gay amendments in Massachusetts and Missouri. tional board marks the first time since the employees throughout the Administration, a Log Cabin is firmly committed to seeing organization opened a national office in continuing dialogue with our organization, inclusive Republicans elected in 2004. Log Washington, DC in 1993 that the organization and the extension of survivor benefits to gay Cabin will continue to oppose and expose any has not endorsed the Republican nominee for and lesbian partners who lost loved ones on efforts to marginalize gays and lesbians. We President. Log Cabin endorsed Bob Dole in 9/11. also will continue to make it clear that the 1996 and George W. Bush in 2000. Unfortunately these early successes were only way the GOP can continue as the ma- Log Cabin will devote its financial and po- short-lived. ‘‘Last year, a dramatic and dis- jority party is to reach out to all Americans. litical resources to elect fair-minded Repub- appointing shift occurred rooted in Karl Log Cabin also will continue to make it clear

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.053 H30PT1 H7894 CONGRESSIONAL RECORD — HOUSE September 30, 2004 that the gay and lesbian community can re- mental to the stability of society, is America, and all too often courts are alize full equality only if it works on build- put at risk. trying to do that for us. ing new alliances with conservative and cen- So I am in strong support of this rule Today, we are here to protect the trist Americans. and the bill that follows. very definition of marriage. The Amer- ‘‘The battle for the heart and soul of the Mr. MCGOVERN. Mr. Speaker, I yield ican people have spoken very clearly Republican Party has just begun. We are confident that the politics of inclusion and myself such time as I may consume. time after time about the importance hope will prevail over the politics of exclu- I would just point out to the gen- of defending the traditional view of sion and fear. History, fairness and common tleman who just spoke that there is no marriage. This amendment does not decency are on our side,’’ concluded law in this country that forces any prohibit any consensual behavior be- Guerriero. given religion to recognize any par- tween any two American citizens. It Last week, Log Cabin launched a new tele- ticular marriage. Religions are sepa- does not prevent any two people from vision advertising campaign to take this rate from what we are talking about behaving however they would like. fight for the GOP’s future directly to the here today. I just want to remind the What it does do is to defend for our American people. The ad makes it clear that children, for our posterity, the tradi- the party has a choice. We can be the party gentleman that there are non-Chris- of hope, in the best tradition of Ronald tians who live in this Nation as well, tional, historic definition of marriage. Reagan, by uniting around issues that bring and I would hope that he would believe It is unfortunate that the will of the Republicans together, like winning the war that this country is equally theirs as people increasingly is being violated by on terror; or the party can divide Americans well. activist judges so that they can impose with the politics of intolerance and fear that Mrs. MYRICK. Mr. Speaker, I yield 1 like philosopher-kings their view of a only lead to hate. minute to the gentleman from Mary- better way to do things, and they have Mr. Speaker, I reserve the balance of land (Mr. BARTLETT). certainly come up with a better way to my time. Mr. BARTLETT of Maryland. Mr. do traditional family life. And they are Mrs. MYRICK. Mr. Speaker, I yield Speaker, I would note that I had men- going to, as they did in Massachusetts, 21⁄2 minutes to the gentleman from tioned that not only Christian nations try to impose it on all Americans. Maryland (Mr. BARTLETT). but every society through 5,000 years of Thomas Jefferson, near the end of his (Mr. BARTLETT of Maryland asked recorded history has recognized the in- life, wrote in a letter to Edward Liv- and was given permission to revise and stitution of marriage as being essential ingston on March 25, 1825: ‘‘One single extend his remarks.) to the stability of their society. We are object . . . will merit the endless grati- Mr. BARTLETT of Maryland. Mr. a Christian society, but I recognize tude of society: that of restraining the Speaker, there seems to be some confu- that every other society, no matter judges from usurping legislation.’’ sion as to what constitutes marriage. what their origin, has certified that Mr. Speaker, with that, I beg Con- In the Christian community, and we marriage is important to the stability gress to protect marriage, protect our children, protect our future. Vote for are a Christian Nation, you can affirm of their society. It is to ours. It was to this amendment. that by going back to our Founding theirs. Mr. MCGOVERN. Mr. Speaker, I yield I support the rule, and I support the Fathers and their belief in how we myself such time as I may consume. started, among Christians, marriage is bill. I would like to read a Q and A be- Mr. MCGOVERN. Mr. Speaker, I re- generally recognized as having started tween Vice President DICK CHENEY and in the Garden of Eden. You may go serve the balance of my time. a questioner in Davenport, Iowa, on back to Genesis to find that and you Mrs. MYRICK. Mr. Speaker, I yield 2 August 24, 2004, because I think it helps will note there that God created Adam minutes to the gentleman from Florida to kind of put this in perspective, and and Eve. He did not create Adam and (Mr. FEENEY). maybe some of my colleagues should Steve. A union between other than a Mr. FEENEY. Mr. Speaker, I thank listen to this. man and a woman may be something the gentlewoman for yielding me this The question was: ‘‘We have a battle legally, but it just cannot be a mar- time. here on this land as well. And I would riage, because marriage through 5,000 I have to tell the Members I cannot like to know, sir, from your heart, I years of recorded history has always imagine a more important debate, don’t want to know what your advisors been a relationship between a man and sadly, that we must have. The question say or even what your top advisor a woman. is whether or not the United States thinks, but I need to know, what do House of Representatives is going to sit b 1330 you think about homosexual mar- idly by and be silent while activist rad- riages?’’ More than just Christian societies ical judges unravel the very fabric of And the Vice President responded: have marriage. And why would every our society by undoing the basic build- ‘‘Well, the question has come up obvi- recorded society through 5,000 years of ing block that has made this and every ously in the past with respect to the recorded history, why would they all civilization that has ever been success- question of gay marriage. Lynn and I have marriage as a union between a ful a success. have a gay daughter, so it’s an issue man and a woman? It is because soci- What we have got to recognize is that that our family is very familiar with. eties, one and all, have recognized that we have an obligation as a Congress We have two daughters, and we have marriage is a very important institu- here. Yes, there are three separate and enormous pride in both of them. tion. And why is it important? It is be- equal branches of government in the They’re both fine young women. They cause the usual product of marriage is United States under our wonderful do a superb job, frankly, of supporting children. And the state, or the tribe or Constitution given to us from the us. And we are blessed with both our whatever the organization is, all Founders. However, it is unfortunate daughters. through history recognized that there that all too often lately, the judicial ‘‘With respect to the question of rela- is a responsibility for the assurance branch has essentially forced legisla- tionships, my general view is that free- that the children brought into the ture into drafting reactions to what dom means freedom for everyone. Peo- world as a result of marriage are going they have invaded, which is the terri- ple ought to be able to be free, ought to to be cared for, which is why all of tory of the Congress in making laws for be free to enter into any kind of rela- these societies have recognized that the country. And thus this constitu- tionship they want to. The question children should not be born out of that tional amendment is absolutely nec- that comes up with respect to the issue relationship, and that relationship is essary. of marriage is what kind of official fundamentally there to make sure that Of course, a healthy jealousy between sanction or approval is going to be their society is going to be perpetuated the three branches is always a good granted by government, if you will, to because children are going to be cared thing. It was designed by Madison and particular relationships. Historically, for, if not by the parents, then by the the Framers in order to have a give and that’s been a relationship that has society that has recognized this rela- take between the three branches. But been handled by the States. The States tionship. it is emphatically within the province have made that basic fundamental de- I think that a society is at risk when of the Congress to make laws that af- cision in terms of defining what con- the institution of marriage, so funda- fect the people of the United States of stitutes a marriage. I made clear 4

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.020 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7895 years ago, when I ran and this question Let me read one other quote here. ‘‘It The text of House Joint Resolution came up in the debate I had with JOE seems to me that the power to regulate 106 is as follows: LIEBERMAN, that my view was that ’commerce’ can by no means encom- H.J. RES. 106 that’s appropriately a matter for the pass authority over mere gun posses- Resolved by the Senate and House of Rep- States to decide and that’s how it sion any more than it empowers the resentatives of the United States of America in ought to be best handled.’’ Federal Government to regulate mar- Congress assembled (two-thirds of each House I very rarely agree with the Vice riage, littering, or cruelty to animals concurring therein), That the following article President of the United States, but I throughout the 50 States. Our Con- is proposed as an amendment to the Con- think he makes an awful lot of sense stitution quite properly leaves such stitution of the United States, which shall be on this issue, and I think he makes a matters to the individual States.’’ And valid to all intents and purposes as part of the Constitution when ratified by the legis- compelling case why we should not be that is from the words of Supreme latures of three-fourths of the several States: moving forward with a constitutional Court Justice Clarence Thomas in U.S. ‘‘ARTICLE — amendment. v. Lopez. Mr. Speaker, I reserve the balance of Mr. Speaker, today, we have the op- ‘‘SECTION 1. SHORT TITLE. my time. portunity to do the right thing. We ‘‘This Article may be cited as the ‘Mar- riage Protection Amendment’. Mrs. MYRICK. Mr. Speaker, I yield 2 have the opportunity to reject the poli- ‘‘SECTION 2. MARRIAGE AMENDMENT. minutes to the gentleman from South tics of division and discrimination. We ‘‘Marriage in the United States shall con- Carolina (Mr. BARRETT). have the opportunity to protect the sist solely of the union of a man and a Mr. BARRETT of South Carolina. Constitution of the United States, to woman. Neither this Constitution, nor the Mr. Speaker, I thank the gentlewoman stay on the path toward equal protec- constitution of any State, shall be construed for yielding me this time. tion under the law for every single to require that marriage or the legal inci- Mr. Speaker, this afternoon, we will American. We have the opportunity to dents thereof be conferred upon any union debate and vote on the Marriage Pro- act in a way that reflects well on this other than the union of a man and a tection Amendment. And let us be institution and the people we are elect- woman.’’. clear. This debate today is not about ed to serve. The SPEAKER pro tempore. Pursu- denying anyone rights. This is ensuring I am encouraged, Mr. Speaker, by the ant to House Resolution 801, the Chair that the will of the people is protected. number of Republicans who will vote at any time may postpone further con- My home State of South Carolina is ‘‘no’’ on this misguided constitutional sideration of the joint resolution until one of 44 States that has already en- amendment today. And I am proud to a time designated by the Speaker. acted laws defining marriage as a stand with them. The gentleman from Texas (Mr. union between a man and a woman. We will hear a lot about Massachu- DELAY) and the gentleman from Michi- They voted, and they decided how mar- setts today. A son of our State named gan (Mr. CONYERS) each will control 1 riage should be defined. So I stand here John F. Kennedy once said, ‘‘The heart hour and 15 minutes. today as their representative, won- of the question is whether all Ameri- The Chair recognizes the gentleman dering why that will and that the will cans are to be afforded equal opportu- from Texas (Mr. DELAY). of over 70 percent of Americans nation- nities, whether we are going to treat Mr. DELAY. Mr. Speaker, I yield 7 wide should be tossed aside because a our fellow Americans as we want to be minutes to the distinguished gentle- few activist judges disagree. treated.’’ Mr. Speaker, that is indeed woman from Colorado (Mrs. Unfortunately, as we stand here the heart of the question. MUSGRAVE), the author of this amend- today, we are faced with the fact that I urge my colleagues to seize this opment. a handful of these judges have taken it portunity, vote ‘‘no’’ on this constitu- Mrs. MUSGRAVE. Mr. Speaker, I rise upon themselves to hand down rulings tional amendment. to speak in favor of the proposed mar- that in effect amend the Constitution Mr. Speaker, I yield back the balance riage protection amendment to the of the United States. They have cir- of my time. Constitution of the United States of cumvented the democratic process Mrs. MYRICK. Mr. Speaker, I yield America. with their rulings. Therefore, the deci- back the balance of my time, and I Before addressing the merits of the sion we are now left with is not wheth- move the previous question on the res- marriage protection amendment, I er the Constitution will be amended olution. want to thank the gentleman from Illi- but who will amend it, activist judges The previous question was ordered. nois (Speaker HASTERT) and the gen- or the American people. The resolution was agreed to. tleman from Texas (Mr. DELAY) for Every American should have the op- A motion to reconsider was laid on bringing this bill up. portunity to vote on this important the table. I know there are some in Congress issue. The institution of marriage de- f and the media who do not believe tradi- serves protection. It is our most basic tional marriage rises to the level of im- social institution for protecting chil- GENERAL LEAVE portance to be considered on the floor dren. Preserving it sends a message to Mr. DELAY. Mr. Speaker, I ask unan- today. our children about marriage and tradi- imous consent that all Members may The American people disagree with tional family life and values. have 5 legislative days within which to them. This bill is about protecting the Mr. Speaker, I hope my colleagues revise and extend their remarks and in- institution of marriage, which, as the will join me today in supporting the clude extraneous material on H.J. Res. Supreme Court said many years ago, is marriage protection amendment. It is 106. ‘‘the foundation of the family and of time to get the debate back where it The SPEAKER pro tempore. Is there society, without which there would be belongs, with the American people. objection to the request of the gen- neither civilization nor progress.’’ Mr. MCGOVERN. Mr. Speaker, I yield tleman from Texas? b 1345 myself such time as I may consume. There was no objection. I would just like to read a couple of f Since Labor Day, this Congress has other quotes here which I think are en- spent time renaming post offices and lightening. One from JOHN MCCAIN, Re- MARRIAGE PROTECTION Federal buildings, Mr. Speaker. If we publican Senator from Arizona where AMENDMENT have enough time to rename post of- he said: ‘‘The constitutional amend- Mr. DELAY. Mr. Speaker, pursuant fices and Federal buildings, surely we ment we’re debating today strikes me to House Resolution 801, I call up the have enough time to spend an after- as antithetical in every way to the core joint resolution (H.J. Res. 106) pro- noon considering whether the very philosophy of Republicans.’’ He added, posing an amendment to the Constitu- foundation of traditional marriage will the amendment ‘‘usurps from the tion of the United States relating to endure another 200 years. States a fundamental authority they marriage, and ask for its immediate On one matter, however, I do agree have always possessed and imposes a consideration. with the opponents of this bill: We federal remedy for a problem that most The Clerk read the title of the joint should not lightly undertake to amend States do not believe confronts them.’’ resolution. the Constitution. In the 213 years since

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.056 H30PT1 H7896 CONGRESSIONAL RECORD — HOUSE September 30, 2004 the Bill of Rights was adopted, the no need for the marriage protection Mr. Speaker, I encourage my col- Constitution has been amended only 17 amendment in the first place. But in leagues to support the marriage protec- times, an average of once every 121⁄2 Lawrence, Justice O’Connor wrote a tion amendment. years. concurring opinion in which she spe- I submit the following letter for the RECORD. As a conservative I understand, per- cifically stated that she believed pre- Congresswoman MARILYN MUSGRAVE, haps better than most, the national serving the traditional institution of Longworth House Office Building, consensus that the Constitution should marriage would be a sufficient basis for Washington, DC. be amended only rarely. Indeed, I wish upholding a State marriage law. The DEAR REPRESENTATIVE MUSGRAVE: The we could leave the Constitution alone five members of the Lawrence majority United States House of Representatives is and this amendment was unnecessary, had an obvious opportunity to join Jus- considering whether or not to send a con- and if there was any other way to pro- tice O’Connor’s position and thus reas- stitutional amendment protecting marriage tect marriage, I would be the first to sure us on this issue. Instead, they to the States for their consideration. Con- support it. Unfortunately, this is not chose to remain silent. Let me suggest trary to recent arguments and assertions, I believe that this amendment is consistent the case. The matter has been forced their silence speaks volumes. with—and increasingly necessary to uphold— upon us, and, whether we like it or not, No, we must not wait. The trajectory the principles of federalism so important to the Constitution is about to be amend- of the courts’ decisions is unmistak- our constitutional government. ed. able, and we must act now to preserve The Framers rightly left marriage policy, Let me say that again: The choice be- traditional marriage. We have already as so many other things, with the States. fore us is not whether to amend the seen that even one State’s misadven- But the definition of marriage is not mere Constitution or leave it unamended. ture in this area has had egregious na- policy issue. It strikes at the very integrity One way or another, the Constitution tionwide consequences, as activists file and meaning of one of the primary elements will be amended, and the only choice lawsuit after lawsuit seeking to export of civil society. we have is whether to act now and ac- same-sex marriages to other States. In a free society, certain questions must be settled for the good of that society. States complish the amendment through the Ironically, it will take an amendment can’t impair the obligation of contracts, or procedures specified in the Constitu- to the Federal Constitution to force coin their own money, or experiment with tion itself, or fail to act, in which case this issue out of the courts and back to forms of non-republican government. We the amendment would be accomplished State legislatures, where it has always learned the hard way that the nation could de facto by activist courts bent on im- been and where it properly should be. not endure half slave and half free. posing by judicial fiat a transformation Mr. Speaker, some people have op- As marriage is a fundamental social insti- of traditional marriage that is un- posed the marriage protection amend- tution, it is not only reasonable but also sought and unwanted by the American ment on the grounds that it discrimi- obligatory that it be preferred and defended people. nates. But it is not the marriage pro- in the law. Activist judges forcing the redefi- How do I know what the American tection amendment that discriminates nition of marriage make it necessary to protect the institution in the U.S. Constitution. people want? Simple. When the people against homosexuals. Rather, the insti- This doesn’t mean that marriage must be are given a voice in this matter, they tution of marriage, as it has been un- completely nationalized or should become support traditional marriage by over- derstood for millennia, by its very na- the regulatory responsibility of the federal whelming margins. Last month, for ex- ture is reserved exclusively for persons government. Policy decisions concerning ample, the people of Missouri approved of the opposite sex. Moreover, society questions such as degrees of consanguinity, a marriage protection amendment to has always limited the pool of persons the age of consent, and the rules of divorce their State constitution by a margin of available for marriage by age, blood should remain with the States. 70.8 percent, and 2 weeks ago the people ties, mental capacity, and other con- The wisdom of extending certain benefits of Louisiana approved a similar amend- siderations. that stop well short of marriage—that don’t ment by a margin of 78 percent. Yet The limitations of traditional mar- undermine the distinctive status of marriage—are policy questions that should be the people’s will does not seem to riage rest not on an intent to discrimi- the responsibility of State legislatures. count with the courts. nate, but on what is most beneficial for A Constitutional amendment that defines Last year, Justice Scalia warned us society and children, as evidenced by marriage and blocks the actions of over- in their Lawrence decision that the Su- volumes of social science research. zealous judges would protect the States’s ca- preme Court was paving the way for ac- Traditional marriage is worth pre- pacity to regulate marriage by protecting tivist judges to redefine traditional serving because the nuclear family is the integrity of the institution as such. marriage. Even after Justice Scalia’s far and away the best environment in In order to guard the States’ liberty to de- warning, few of us were prepared for which to raise children. Every child determine marriage policy in accord with the the breathtaking speed with which serves both a father and a mother. principles of federalism, society as a whole events would overtake us. Only months Yes, traditional marriage has had its must prevent the institution itself from problems. The high divorce rate, infi- being judicially redefined out of existence. later, the Massachusetts Supreme Ju- The constitutional amendment process is dicial Court decreed that for the first delity, and domestic violence are a na- neither an exclusively federal nor an exclu- time in the history of this Nation, a tional scandal, but far from under- sively State action: It is a shared responsi- State would be required to issue mar- mining my point, these trends rein- bility of both Congress and the States rep- riage licenses to same-sex couples. force it because we are dismayed by resenting the American people. By intention, The Massachusetts courts are not these trends for the very reason that it is a very difficult process. alone. Only last month, courts in they lead to the break-up of traditional Constitutional amendments ought to be Washington struck down as unconsti- families, which leads to more and more rare and should be pursued only after careful tutional that State’s Defense of Mar- children being deprived of the tremen- and serious consideration, when it is nec- riage Act in cases concerning the rec- dous benefit of having both their mom essary to address an issue of great national magnitude and when there is broad-based ognition of same-sex marriages. and dad around to raise them. support among the American people Even in the face of this judicial on- In conclusion, Mr. Speaker, let me throughout the States, as there is con- slaught, some argue that we should say I wish traditional marriage was not cerning marriage. wait to act until after the Supreme under attack, but it is. I wish we did Is marriage sufficiently important to pro- Court has ruled on the constitu- not have to deal with this problem tect in the United States Constitution? tionality of the Federal Defense of now, but we do. Like it or not, the Despite our reluctance to amend our most Marriage Act. Does anyone else see the courts have thrust this burden on us sacred law—despite the significance of the irony here? Many of those who spoke and we must not fail to shoulder it. endeavor and awesome task involved—recent the loudest that DOMA was unconsti- We as Members of Congress have a re- and impending judicial activism justifies tutional when it was enacted in 1996 sponsibility to restrain activist judges this course of action. are the very same ones who now say we who think they can, without dev- Thank you for considering and sharing these concerns with other Members of Con- ought to presume DOMA is constitu- astating consequences to our society, gress. tional until the courts tell us other- simply jettison the collective wisdom Sincerely, wise. of thousands of years without the input EDWIN MEESE, III, I say if we could place our confidence or consent of the American public or Chairman, Center for Legal & Judicial in the Supreme Court, there would be their elected Representatives. Studies, The Heritage Foundation.

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TESTIMONY OF REVEREND RICHARD RICHARD- The dilution of the ideal—of procreation have been in the courtrooms and seen them SON, ST. PAUL AFRICAN METHODIST EPIS- and child-rearing within the marriage of one argue. They are good people, and well mean- COPAL (AME) CHURCH, THE BLACK MINISTE- man and one woman—has already had a dev- ing. But I can tell you this—they are tena- RIAL ALLIANCE OF GREATER BOSTON, CHIL- astating effect on our community. We need cious, they are aggressive, and they will not DREN’S SERVICES OF ROXBURY, INC., BOSTON, to be strengthening the institution of mar- stop until every marriage law in this nation MA riage, not diluting it. Marriage is about chil- is struck down under our U.S. Constitution. (Before the Senate Judiciary Constitution dren, not about adult love. As a minister to And every schoolchild learns in civics class Subcommittee—March 3, 2004) a large church with a diverse population, I knows that the only way to stop the courts Chairman Cornyn, Ranking Member Fein- can tell you that I love and respect all rela- from changing the U.S. Constitution is a fed- gold, and other distinguished members of the tionships. This discussion about marriage is eral constitutional amendment. subcommittee, thank you for the oppor- not about adult love. It is about finding the The defense of marriage should be a bipar- tunity to come before you today. best arrangement for raising children, and as tisan effort. I am a proud member of the My name is Richard W. Richardson. I am history, tradition, biology, sociology, and Democratic Party. And I am so pleased that an Ordained Minister in the African Meth- just plain common sense tells us, children the first constitutional amendment pro- odist Episcopal Church in Boston, Massachu- are raised best by their biological mother tecting marriage was introduced by a Demo- setts. I am also President and CEO of Chil- and father. crat in the last Congress. I am honored to dren’s Services of Roxbury, a child welfare Let me be clear about something. As a rev- have been invited here to testify in front of agency. I’ve worked in the field of child wel- erend, I am not just a religious leader. I am this subcommittee of both Republicans and fare for almost 50 years. In addition, I have also a family counselor. And I am deeply fa- Democrats. I hope that each and everyone of been a foster parent myself for 25 years. miliar with the fact that many children you will keep the issue of defending the tra- Finally, I serve as chairman of the Polit- today are raised in nontraditional environ- ditional institution of marriage as a bipar- ical Affairs Committee of the Black Ministe- ments. Foster parents. Adoptive parents. tisan issue. rial Alliance of Greater Boston. The BMA Single parents. Children raised by grand- Mr. Chairman, thank you for giving me the has a membership of 80 churches from within parents, uncles, aunts. I don’t disparage any opportunity to represent the Black Ministe- the greater Boston area, whose primary of these arrangements. Of course I don’t. rial Alliance of Greater Boston, the Cam- members are African American, and number People are working hard and doing the best bridge Black Pastor’s Conference, and the over 30,000 individuals and families. I am job they can to raise children. That doesn’t Ten Point Coalition, in reaffirming our sup- here today to offer testimony on behalf of change the fact that there is an ideal. There port for a Federal Constitutional Amend- the BMA as well as myself. is a dream that we have and should have for ment to define marriage as the union be- The BMA strongly supports the traditional all children—and that is a mom and dad for tween a man and a woman. I would be institution of marriage, as the union of one every child, back or white. pleased to take any questions. man and one woman. That institution plays I don’t disparage other arrangements. I a critical role in ensuring the progress and certainly don’t disparage myself. As a foster TESTIMONY OF PASTOR DANIEL DE LEON, SR., prosperity of the black family and the black parent to more than 50 children, a grand- ALIANZA DE MINISTERIOS EVANGELICOS community at large. That’s why the BMA parent of seven adopted grandchildren, and NACIONALES (AMEN), PASTOR, TEMPLO strongly supports a federal constitutional almost 50 years of working with children CALVARIO, SANTA ANA, CALIFORNIA, GEN- amendment defining marriage as the union who have been separated from their biologi- ERAL PRESBYTER, ASSEMBLIES OF GOD of one man and one woman, and why the cal parent(s) and are living in a foster home, (Before the Senate Judiciary Constitution BMA is joined in that effort by the Cam- been adopted, or in any other type of non- Subcommittee—March 3, 2004) bridge Black Pastor’s Conference and the traditional setting, I can attest that children Ten Point Coalition. will go to no end to seek out their biological Thank you, Mr. Chairman, members of the The BMA didn’t come at this conclusion family. It is instinct—it is a part of who we committee, ladies and gentlemen. lightly. I never thought that I would be here are as human beings, and no law can change My name is Pastor Daniel de Leon, and I in Washington, testifying before this distin- that. As much as my wife and I shared our am here to represent the largest Hispanic guished subcommittee, on the subject of de- love with our foster children, and still have Evangelical organization in the country, fending traditional marriage by a constitu- a lasting relationship with many of them, it AMEN (Association Evangelica de tional amendment. As members of the BMA, did not fill that void that they experienced. Ministerios Nacionales). AMEN is comprised we are faced with many problems in our I want to spend my last few moments talk- of over 8,000,000 members, representing 27 de- communities, and we want to be spending all ing about discrimination. I want to state nominations and 22 Latino nations. I am also of our energies working hard on those prob- something very clearly, without equivo- the Pastor of the largest Hispanic Evan- lems. We certainly didn’t ask for a nation- cation, hesitation, or doubt. The defense of gelical Church in America, Templo Calvario, wide debate on whether the traditional insti- marriage is not about discrimination. As an in Santa Ana, California. tution of marriage should be invalidated by African-American, I know something about AMEN is a leading advocate on issues that judges. discrimination. The institution of slavery concern the Hispanic community. On many But the recent decision of four judges of was about the oppression of an entire people. issues, we work closely with our Catholic the highest court in my state, threatening The institution of segregation was about dis- brethren. We are certainly working together traditional marriage laws around the coun- crimination. The institution of Jim Crow on the issue we are discussing today—the in- try, gives us no choice but to engage in this laws, including laws against interracial mar- stitution of marriage, understood through- debate. The family and the traditional insti- riage, was about discrimination. out history and across diverse religions and tution of marriage are fundamental to The traditional institution of marriage is cultures as the union of one man and one progress and hope for a better tomorrow for not discrimination. And I find it offensive to woman. We have been a member of the Alli- the African-American community. And so, call it that. Marriage was not created to op- ance for Marriage since its inception. much as we at the BMA would like to be fo- press people. It was created for children. It When I turned on my television a few cusing on other issues, we realize that tradi- boggles my mind that people would compare weeks ago, and saw what was happening in tional marriage—as well as our democratic the traditional institution of marriage to San Francisco, I couldn’t believe my eyes. As system of government—is now under attack. slavery. From what I can tell, every U.S. I sat there, several things came to mind. Without traditional marriage, it is hard to Senator—both Democrat and Republican— First, I could not understand how an elect- see how our community will be able to who has talked about marriage has said that ed official could ignore and violate the laws thrive. they support traditional marriage laws and of our state, and get away with it. I also I would like to spend some time explaining oppose what the Massachusetts court did. could not understand why the courts would why the definition of marriage as the union Are they all guilty of discrimination? not stop this—why they would refuse to re- of one man and one woman is so important— Finally, I want to mention something quire an elected official to comply with the not just to the African-American commu- about the process. I know that the Massa- law of his state, and to respect the will of nity, but to people of all religions and cul- chusetts legislature is currently considering the people as expressed in our laws. tures around the world. this issue, and I hope that they do. The court Second, it wasn’t just that officials and To put it simply: We firmly believe that has told us that we cannot have traditional judges were ignoring the law. It was much children do best when raised by a mother and marriage and democracy until 2006 at the worse than that. They were ignoring a law a father. My experience in the field of child earliest. That is wrong, that is antidemo- that is so fundamental to society—and in welfare indicates that, when given a choice, cratic, that is offensive, and that is dan- particular, of great importance to my com- children prefer a home that consists of their gerous to black families and the black community, to the people who I counsel. They mother and father. Society has described the munity. were ignoring the importance of the institu- ‘‘ideal’’ family as being a mother, father, 2.5 But importantly, a state constitutional tion of marriage, as the union of one man children and a dog. Children are raised ex- amendment will not be enough. I know that and one woman. pecting to have a biological mother and fa- the Attorney General of Nebraska is here, Just a few years ago, Californians voted to ther. It is not just society—it is biology, it is and I am honored to share the panel with reaffirm that marriage in the state of Cali- basic human instinct. We alter those expec- him. I am not a lawyer. But I know the law- fornia is between a man and a woman only. tations and basic human instincts at our yers who have been fighting to abolish tradi- Hispanics in particular voted overwhelm- peril, and at the peril of our communities. tional marriage laws in Massachusetts. I ingly to uphold the traditional institution of

VerDate Aug 04 2004 04:26 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.024 H30PT1 H7898 CONGRESSIONAL RECORD — HOUSE September 30, 2004 marriage. This is one institution, even knowledge but rather through the experience DIRECTING CLERK TO MAKE though imperfect, that has withstood the of daily living. Children learn from observa- CHANGE IN ENGROSSMENT OF test of time and has proven to bring a sense tion. As the home goes, so goes society. H.R. 5183, SURFACE TRANSPOR- of stability to society for time immemorial. The institution of marriage is designed for I believe that we need to send a positive TATION EXTENSION ACT OF 2004, children, not for adult love. Adults can love message to our children and their children. PART V in many ways—between brother and sister, That we cared enough about the most basic Mr. YOUNG of Alaska. Mr. Speaker, I between grandparents, uncles, aunts, be- institution of our society, marriage between ask unanimous consent that the Clerk tween friends and loved ones. But marriage a man and a woman, that we passed a Con- stitutional Amendment to preserve it for fu- be directed to make the change in the is for children. I am so saddened that we engrossment of H.R. 5183 that I have have forgotten that. And I am even more ture generations. This is not, and must not saddened that marriage is drifting further be, about party politics. This must be seen as placed at the desk. and further from what it is supposed to be all our struggle as a social family to bring sta- The SPEAKER pro tempore. The about—children. Adults seem to care more bility to a divided house. Clerk will report the change. The Clerk read as follows: and more about one thing, themselves. This The President is right when he said that, In subsection (l)(1) that is proposed to be is one of the reasons why 50% of marriages ‘‘On a matter of such importance, the voice added at the end of section 1101 of the Trans- wind up in divorce. We must strengthen mar- of the people must be heard . . . if we are to portation Act of the 21st Century by section riage—not weaken it. And I fear that, if we prevent the meaning of marriage from being start to abolish marriage laws in our nation, 2(d) of the bill (H.R. 5183), strike changed forever, our nation must enact a we will go further down the path of teaching ‘‘$21,311,774,667’’ and insert ‘‘$22,685,936,000’’. Constitutional Amendment to protect mar- people that marriage does not matter for the riage in America.’’ The SPEAKER pro tempore. Without well-being of children, it only matters for objection, the change is agreed to. the pleasure of adults. Thank you very much. There was no objection. I am not here because I want to be here. There are many problems in my community, Mr. CONYERS. Mr. Speaker, I am f and I should be there working on them, not very pleased to begin this discussion MARRIAGE PROTECTION here far away in Washington, D.C. But I have with the members of the Committee on AMENDMENT flown all the way here from California, be- the Judiciary and others that are join- The SPEAKER pro tempore. Pursu- cause I need to be here, to defend the most ing us asking for time. Before I recog- basic institution of society for the good of ant to House Resolution 801, pro- all, on behalf of my community. Because nize the ranking member of the Sub- ceedings will now resume on the joint without marriage, we have no hope of solv- committee on the Constitution of the resolution (H.J. Res. 106) proposing an ing the other problems we are facing back Committee on the Judiciary, I yield amendment to the Constitution of the home. myself such time as I may consume. United States relating to marriage. I live every day in the front-lines of Urban The Clerk read the title of the joint America, where the ills of society are mag- Mr. Speaker, I merely want to begin our discussion by observing how unnec- resolution. nified greatly. People like myself, who pro- The SPEAKER pro tempore. When vide a service to our community, are often essary consideration of this matter is proceedings were postponed earlier the ones that have to ‘‘pick up the pieces’’ at this point. No one in the Chamber is today, the gentleman from Texas (Mr. when marriages and families fall. In my 30 unaware of the fact that the obvious DELAY) had 68 minutes remaining and years of counseling, I have often dealt with ploy by some is to play upon the worst grown children that still harbor hurts and the gentleman from Michigan (Mr. deep seated frustrations because they did not fears of our citizens, who are deep into CONYERS) had 72 minutes remaining. have a mother and a father. an election year, to deal extensively The Chair recognizes the gentleman I know that there are good people trying to with a subject, a constitutional amend- from Texas (Mr. DELAY). raise children without a mother and a father. ment, which every Member on this Mr. DELAY. Mr. Speaker, I yield 5 Perhaps it is the single parent. Or the grand- floor knows is going nowhere. The rea- minutes to the gentleman from Ohio parent or aunt and uncle. Or the foster parent. They do their best, and we admire and son? Because it has already been de- (Mr. CHABOT), the chairman of the Sub- respect them for that. But at the same time, feated by the other body. The only con- committee on the Constitution of the we want the very best for children—and that ceivable point of this amendment is to Committee on the Judiciary. is a mother and father, and an institution energize the conservative political Mr. CHABOT. Mr. Speaker, I thank that encourages people to give children both base. the gentleman for yielding me time, a mother and father. and I want to thank the gentlewoman I want to say something about civil rights Well, we are not buying into that, from Colorado (Mrs. MUSGRAVE) for and discrimination. My people know some- Mr. Speaker. We know that this is the having the courage to bring this forth. thing about discrimination. The institution reason that it is being done, because Our Constitution is one of our coun- of marriage was not created to discriminate our distinguished majority leader only try’s most sacred documents. It is the against people. It was created to protect recently told us that we could not take children and to give them the best home pos- fulfillment of the promises made in the sible—a home with a mother and father. up the assault weapons ban because we Declaration of Independence, and it is Some people talk about interracial mar- did not have the votes to pass it. the backbone of our system of govern- riage. Laws forbidding interracial marriage Well, do we have the votes to pass ment. It identifies our rights as citi- are about racism. Laws protecting tradi- this amendment, a two-thirds require- zens, the roles and responsibilities of tional marriage are about children. each branch of government, and identi- To us in the Hispanic community, mar- ment, while we are here on the floor riage is more than a sexual relationship. It is less than 45 days before the election? I fies the limits that prevent govern- a nurturing, caring and loving relationship think that we know the answer to that. ment overreaching. It also ensures that between a man and a woman that is to re- our system of government remains a main intact ‘‘until death do us part.’’ Chil- We know that the States are fully ca- democratic system, whereby the peo- dren are born into this loving relationship pable of dealing with the issue of the ple, through their elected Representa- with a great sense of anticipation. We love same-sex relationship on their own. tives and officials, make laws. This our children and we love children as you can Our Nation has a long tradition of leav- means a form of government under tell by the numbers! ing questions relating to civil marriage which laws are passed by the duly Marriage between a man and a woman is the standard. A child is like a twig that is to the States, and for more than 228 elected Representatives of the people, planted in the soil of our society that re- years the States have dealt with these not by judges. quires two poles to have the best chance of issues, with marriage age limits, with Amending our Constitution is the growing strong and healthy. Those two poles, miscegenation and divorce. Let us most democratic process in our Federal if you will, are the parents, Dad and Mom. leave it with the States. system of government, requiring two- Very different and at a times even opposites thirds of each House of Congress and Mr. Speaker, I reserve the balance of but necessary for a balanced form of living. three-quarters of the State legislatures Furthermore, marriage is a moral and spir- my time. in order to pass a constitutional itual incubator for future generations. Our The SPEAKER pro tempore (Mr. children learn from their parents not only amendment. But it has been done and how to make a living but more importantly, SIMPSON). Pursuant to House Resolu- should only be done when principles for how to live their life. This is not readily tion 801, further proceedings on H.J. governing and for existing in society learned by a simple form of transference of Res. 106 will be postponed. need to be stated.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.028 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7899 The best example of this is the Bill of ment states as follows: ‘‘Marriage in the right of citizenship, to allow for Rights. The first ten amendments were the United States shall consist solely the direct election of Senators, and to added to the Constitution to ensure of a union of a man and a woman. Nei- allow for the income tax. that principles that were so important, ther this Constitution nor the Con- Now we are being asked to amend the that were fundamental for governing stitution of any State shall be con- Constitution again to single out a sin- and living, were explicitly referenced strued to require that marriage or the gle unpopular group and say perma- in the Constitution in advance of any legal incidents thereof be conferred nently, you cannot even attempt to adverse judicial ruling. upon any union other than the union of convince the legislature of your State We find ourselves in a similar situa- a man and a woman.’’ That is what it to give you the right to marry. We tion today. There should be no dis- states. have certainly never amended the Con- agreement that traditional marriage, The first sentence of this amendment stitution on the mere speculation that as defined throughout our history, is ensures that a common definition of a court might rule a law unconstitu- under attack by liberal activists and marriage, that between a man and a tional. No court has struck down as un- rogue judges. The only real question at woman, exists for the entire Nation. constitutional the Defense of Marriage hand is how to protect this important This will preclude attempts by the ju- Act that we passed 8 years ago. There cornerstone of our society. diciary or State legislatures to deter- is not even a case pending before any This issue was first raised with me mine otherwise. appellate court in this country today. when I became chairman of the Sub- The second sentence will prevent the There has not been a single trial-level committee on the Constitution in the courts from interpreting the Federal court decision holding the Defense of 107th Congress. At that time I clearly Constitution or State constitution to Marriage Act unconstitutional; and yet stated my preference to consider all require a legislative body or an execu- we are told this necessity is imposed possible legislative options before pur- tive agency to enact or recognize mar- upon us. We must protect marriage suing a constitutional amendment. I riage and its benefits on a civil union now. What an imaginary threat. also felt that we should wait to learn or domestic partnership. The second In fact, the amendment before us is a the results of ongoing litigation. My sentence also ensures that State legis- new version of the amendment. It was hope had been that the courts would latures are able to define for them- not introduced until the end of last not attempt to alter our social fabric selves the status of civil unions and do- week. Although this issue has been the and, instead, leave the issue where it mestic partnerships and the resulting subject of four hearings before the belongs, before Congress and the State benefits. Committee on the Judiciary, this pro- legislatures. Obviously, that has not One way or another, we know that posed amendment and its potential im- been the case. the Constitution will be amended. The pact on State marriage laws, histori- In response to judicial decisions and question is, is it done the appropriate cally a right of the States, has not. the attempt by elected officials in sev- way, or is it done by unelected, activist When the sponsor of the amendment eral communities to approve same-sex judges? appeared before the Subcommittee on marriages in violation of their own Mr. CONYERS. Mr. Speaker, I am the Constitution, she was not prepared State laws, I called for a series of hear- very pleased to yield 6 minutes to the to comment on a similar version or any ings to consider different options for gentleman from New York (Mr. NAD- version other than the one she had in- maintaining marriage as a union be- LER), the ranking member of the Sub- troduced, which is not the one today tween a man and a woman. During committee on the Constitution, who before us. those hearings, we heard from many has in this Congress found himself The Committee on the Judiciary has experts that provided us with extensive busier than almost every other sub- not marked up this amendment, either information on legal and social issues. committee that we have. We have a in subcommittee or full committee, al- Perhaps most important to this debate long history of court-stripping at- though the designation of the oak tree we reviewed the status of DOMA, the tempts, constitutional amendments as the national tree has merited such Defense of Marriage Act, and the con- that were of high dubious legal ques- careful deliberation. That is a first. My sequences that would result from a tion, and he has worked tirelessly with Republican friends, as amendment- judge striking down that important a staff I think that is second to none on happy as they are, have never pre- legislation. our committee. viously skipped over committee consid- DOMA’s status is at risk. Judge Rob- Mr. NADLER. Mr. Speaker, I thank eration to bring a just-introduced con- ert Bork, for example, one of the wit- the distinguished ranking member for stitutional amendment to the floor. nesses, stated in testimony before the yielding me this time, and I thank him But I understand them. What is the Subcommittee on the Constitution dur- for those kind words. Constitution between friends? Why ing the hearing on the amendment, ‘‘I Mr. Speaker, today the drumbeat of should we consider it carefully? think DOMA is absolutely a dead letter political demagoguery has reached its As the ranking member of the Sub- constitutionally; not because it would crescendo as the House prepared to committee on the Constitution, I am be under the original Constitution, but consider an amendment to the U.S. normally called upon to explain pro- because it is the way this Supreme Constitution banning marriage be- posed constitutional amendments. Ex- Court is behaving.’’ tween persons of the same gender. This plaining this one requires some extra Professor Lawrence Tribe of Harvard amendment does not belong in our Con- effort. From what, precisely, would the Law School has stated, ‘‘Same-sex stitution. It is unworthy of this great so-called marriage protection amend- marriage is bound to follow. It is only Nation, and the Senate could not even ment protect marriage? From no-fault a question of time.’’ muster a simple majority to consider divorce? From legalized fornication? it, much less the requisite two-thirds From the failure of States to incar- b 1400 to adopt it. cerate adulterers, perhaps? No. Evi- As a result, our national definition of We have amended the Constitution dently, the threat to marriage, so- marriage and the important role that only 27 times in our history. Constitu- called, is the fact that there are thou- marriage plays in our society more tional amendments have been used to sands of people in this country who than likely will be changed forever, enhance and expand the rights of citi- very much believe in marriage, who and it will not be for the better. Once zens, not to take them away. very much want to marry, who may that change is made and forced on The Constitution was amended to add not marry under the laws of the var- every State in our Union, it will be vir- the Bill of Rights, protecting freedom ious States of this country, but whose tually impossible to reverse. of religion, freedom of speech, freedom fellow citizens may conceivably one Mr. Speaker, marriage is an institu- of assembly, the right to be secure in day permit them to do so; and that we tion, not a right. The hearings confirm our homes; 10 amendments for protec- must prevent. this. Congress is obligated to support tion of individual rights and liberties. I have been searching in vain for the means that best protect this insti- We amended the Constitution to wipe some indication of what might happen tution that has been a part of our his- away permanently the stain of slavery, to my marriage or to the marriage of tory. The marriage protection amend- to expand the right to vote, to expand anyone in this room if loving couples,

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.061 H30PT1 H7900 CONGRESSIONAL RECORD — HOUSE September 30, 2004 including couples who have had chil- (Mr. FEENEY), a member of the Com- rights struggle and the struggle for dren for years, are permitted to enjoy mittee on the Judiciary. women in this country for many years. the blessings of matrimony. If there is Mr. FEENEY. Mr. Speaker, I thank Mr. KUCINICH. Mr. Speaker, the 14th a Member of this House who believes the distinguished majority leader for amendment of the U.S. Constitution that his or her own marriage would be his leadership on this issue, especially, guarantees the same rights to all peo- destabilized or destroyed by a same-sex along with the gentlewoman from Colo- ple under the law, all people. It is what marriage somewhere in America, I rado (Mrs. MUSGRAVE) and her brave keeps us a United States. We call our- would welcome an explanation as to leadership. selves one Nation under God. Surely we what you think would happen to your Mr. Speaker, the fact of the matter know from the Bible that a city, a marriage and why. Any takers? is, the Constitution is going to be house, or a nation divided against itself The overheated rhetoric we have amended. Either radical, unelected cannot stand. been hearing is reminiscent of the bel- judges are going to amend the Con- This amendment divides our Nation. licose fearmongering that followed the stitution from the bench to redefine This amendment creates two classes of Supreme Court’s 1967 Loving v. Vir- the traditional view of marriage, or the people based on sexual orientation. It ginia, which struck down State prohi- people’s Representatives here in this creates a second-class citizenship. In bitions against interracial marriage. House and across in the other body are America, every individual is entitled to The Supreme Court had overstepped its going to act to amend the Constitution equal protection of the law. We could authority, we were told. The Supreme to preserve the traditional, historic not remain a United States, half slave, Court had overridden the democratic definition of marriage. I notice that half free. We could not remain a United will of the majority. The Supreme none of the opponents yet of this States if a woman’s right to vote or to Court had signed a death warrant for amendment have said that he or she choice were denied, and we cannot re- all that is good and pure in this Na- will do whatever it takes to defend main united if our brothers and sisters tion. marriage when the time comes, but the are denied equal protection of the law Fortunately, we have survived as a action is unnecessary. If they are will- because of their sexual orientation. Nation; and we are the better for it. ing to commit to do whatever it takes In America, we work to eradicate dis- In the not-too-distant future, people to defend marriage, that is another crimination. In America, we work to will look back on these debates with matter; but that is not what they are create a more just and equal society. In the same incredulity we now view the saying. America, our Constitution should fur- segregationist debates of years past. Mr. Speaker, we have already seen ther that goal. In America, our Con- This amendment does more than it the Massachusetts Supreme Court undo stitution should give rights, not take purports to do. It would preempt any over 400 years of history in Massachu- them away. In America, we must con- State law or legislature from passing a setts, undo a Constitution which is tinue to fight for equality and justice. law allowing people of the same gender older than the United States Constitu- Here we must always be the land of the to marry, even if that law was ap- tion, and find some new right. In doing free, the home of the brave, where the proved by the legislature or, for that so, in establishing same-sex marriage, rights of all people are protected, re- matter, by referendum of the people. what the Massachusetts court did is to gardless of race, color, creed, or sexual This is not to protect the States; this belittle the traditional definition of orientation. is to protect a notion against the marriage and all of the States that ac- Mr. DELAY. Mr. Speaker, I yield my- democratic will of the majority of the tually believe that. They said that self such time as I may consume. people in the States. Read the first sen- there was no logical reason to preserve This is not about discrimination. It tence: any such marriage would be un- the benefits of a marriage between a is about marriage and judicial activ- constitutional. man and a woman. ism, but the timing is really impor- Proponents of this amendment have Even the liberal Washington Post tant. I would just quote, since we are already tried to use a similar prohibi- Editorial Board was shocked by the doing a lot of quoting around here, tion against same-sex marriage to at- Massachusetts judge’s decision, stating Paul Kates, director of Public Edu- tack domestic partner benefits in in their editorial, ‘‘We are skeptical cation for the American Civil Liberties courts. So do not tell me this is only that American society will come to for- Union’s Lesbian and Gay Rights about marriage. I do not believe it. It mally recognize gay relationships as a project, who said, ‘‘Once more States says nothing in this amendment about result of judicial fiats.’’ That is exactly agree with Massachusetts. We think it recognition of marriages from one what we are here to prevent, the judi- is more likely that we will win in the State to another. If you want to allow cial fiat that will undo the traditional Federal courts,’’ in which case same- democratic majorities to have their definition of marriage which has pro- sex marriage policies can be imposed way within their own borders, this tected and been the building block of across multiple States and even na- amendment will do the exact opposite. this country forever. None of the tionwide. It is a concerted strategy to There are many loving families who States, not one of the State legisla- go this route. deserve the benefits and protections of tures has ever tried to redefine mar- Mr. Speaker, I yield 3 minutes to the the law. They do not live just in New riage, but we have had courts in gentleman from Arizona (Mr. York or San Francisco or Boston. They Vermont, in Hawaii, and in Massachu- HAYWORTH). live in every one of the 435 congres- setts now attempt to do that very (Mr. HAYWORTH asked and was sional districts in the United States. thing. given permission to revise and extend They are not from outer space, they What we are here to do is to remind his remarks.) are not a public menace, and they do people that under the fourth article to Mr. HAYWORTH. Mr. Speaker, I rise not threaten anyone. They are our the United States Constitution full in support of this amendment, and I neighbors, our coworkers, our friends, faith and credit clause, when one State would like to highlight two basic prin- our siblings, our parents, and our chil- establishes a marriage as something ciples in support of the amendment. dren. They deserve to be treated fairly. other than a man and a woman, even- The first is this, and everyone should They deserve to have the rights of any tually all other 49 States will be forced, understand this, including my friend, other family. despite DOMA, which we have heard is the gentleman from Ohio who preceded I regret that this House is being so going to be struck as unconstitutional, me in the well of this House. Same-sex demeaned by this debate. It saddens me both liberal and conservative scholars couples have the right to live as they that this great institution would sink agree, 49 States will have the definition choose, but neither they nor a handful to these depths even on the eve of an that Massachusetts has imposed by the of activist judges have the right to reelection. We know this is not going bench on their people imposed on us define marriage for our entire Nation. anywhere. We know it is merely a po- unless we act today. litical exercise. Shame on this House Mr. CONYERS. Mr. Speaker, I am b 1415 for playing politics with bigotry. pleased to yield 1 minute to the gen- The second point again goes with Mr. DELAY. Mr. Speaker, I yield 2 tleman from Ohio (Mr. KUCINICH), a what my friend from Ohio said and I minutes to the gentleman from Florida gentleman who has followed the civil take issue with. Marriage is not about

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.062 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7901 excluding a group of people. Marriage Mr. Speaker, our Constitution has cause, contrary to the opponents of is about what is best for our children been amended only 17 times since the same-sex marriage and civil unions, I and our society. Bill of Rights, and with the exception believe that this is a powerful argu- To the first principle, I wish this of prohibition, which was promptly re- ment in favor of marriage recognition were not an issue that needed at long pealed, the amendments to our Con- for same-sex relationships. There are last constitutional protection via an stitution have always been used to se- over 1 million children being raised in amendment, but unfortunately, activ- cure greater rights and liberties for the gay and lesbian families in the United ist lawyers and judges have been work- American penal system. We have States. These children do not have the ing across our Nation to undermine amended the Constitution to make our same legal protections as children of marriage and impose a new national union more perfect, to ensure all Amer- opposite-sex married couples have, and marriage standard without a public de- icans are free to secure the blessings of their parents have significantly in- bate. Thousands of same-sex couples liberty, that all Americans may creased financial burdens in providing from at least 46 States have received achieve the American dream of life, for them. marriage licenses in California and Or- liberty and the pursuit of happiness. The rights of gay and lesbian and egon, then return to their home States. Never in our history have we used our transgendered Americans have been at This is a national issue, and regardless most sacred governing document to the center of a national debate for the of the months on the calendar and the deny the rights of any group of Ameri- past decade and more. Attitudes have so-called political season, the Amer- cans, nor should we do so today. changed dramatically, as more and ican people have a right to know where This debate today is not simply a more Americans have discovered that their representatives stand. theoretical debate. It has a real impact their friends, their neighbors, their co- Mr. Speaker, to those who believe on millions of Americans. I believe workers, family members are gay or that marriage protection and that this that the institution of marriage en- lesbian and that they are just like marriage protection amendment is dis- hances our social fabric in many posi- other Americans, with the same hopes, criminatory, I would ask them this: Do tive ways. I think we all agree that dreams, fears, the same challenges. I my colleagues truly believe that mar- loving, supportive marriages provide believe our country has taken major riage, the traditional and foundational strong environments for raising chil- steps forward toward the American union between a man and a woman, is dren. ideal that all people are created equal. Children with two-parent families discrimination? Mr. Speaker, once we Mr. Speaker, change is never easy. who are actively engaged in their lives start treating a child’s need for a Some people push for change with all typically have greater financial and mother and father as discrimination, it their might, while others struggle to emotional stability during the time becomes impossible for the institution maintain the status quo. Most of the of marriage to do its work. If it is dis- they grow up than those who are able others are somewhere in between, try- criminatory to restrict marriage to a to only rely on a single parent. ing to apply their competing values to man and a woman, then why not have Marriage’s role in protecting children assess the merits of change. Our polit- three parents or four or more? Even is about providing sustenance. It is ical leaders can try to facilitate this groups of single people are now pro- about teaching. It is about sharing cul- debate and discussion and work to- testing that their exclusion from the tures and beliefs. It is about transmit- wards consensus or they can exploit benefits of marriage is discriminatory. ting a family’s values. It is about pro- Now to the second point. Marriage is viding love and emotional support. those tensions and fears to divide not about exclusion. It is about inclu- These are all important components of America. sion and an inclusive foundation for marriage, and none of them are exclu- I firmly believe that too many of our children and society. Whether a couple sive to a couple consisting of a man leaders have decided to use this issue is a man and a woman has everything and a woman. to polarize Americans in order to win to do with the meaning of marriage. Marriage laws in the United States this election, and this is wrong. Today, Marriage encourages the men and provide important rights, responsibil- we must reject this attempt to use the women who together create life to ities, privileges and obligations. In Constitution of the United States sim- unite in a bond for the protection of each State, literally thousands of ply as a wedge issue to win an election. children. That is not discrimination. It rights, responsibilities, privileges and Bringing this issue to the forefront is the building block on which our soci- obligations are conferred upon the re- now, five weeks before the election, ety is based. ceipt of a State marriage license. Like- with no chance to pass it in this House, Now, Mr. Speaker, failed marriages wise, there are more than 1,000 Federal accomplishes only one thing. It dis- between individuals does not mean rights that benefit married persons, tracts the American people from the that the institution of marriage itself among them: the right to make deci- urgent issues and immediate policy de- is failing, but Mr. Speaker, we will fail sions on a spouse’s behalf in a medical cisions that are at the heart of this in our responsibilities to our Nation if emergency; the right to take the bene- election. we fail to neglect and fail to protect fits of the Family Medical and Leave Each hour this Congress spends on a this basic institution in our society. Act for an ill spouse or ill parent of a constitutional amendment that will di- Mr. CONYERS. Mr. Speaker, I am spouse; the right to petition for vide America, we are not working to pleased to yield 7 minutes to the gen- spouses to immigrate; the right to as- help provide health care to the 45 mil- tlewoman from Wisconsin (Ms. BALD- sume parenting rights for children who lion Americans who have no health in- WIN), from the Committee on the Judi- are brought in to a family through surance. Each hour this Congress ciary, a very distinguished lawyer in birth, adoption, surrogacy or other spends on a constitutional amendment her third term who has served with us means; family-related Social Security that will divide America, we are not from the time she arrived here. benefits, income and estate tax bene- working to help the millions of unem- (Ms. BALDWIN asked and was given fits, disability benefits, family-related ployed and underemployed Americans. permission to revise and extend her re- military and veterans benefits and These must be our priorities, not marks.) other important benefits; the right to writing discrimination into the Con- Ms. BALDWIN. Mr. Speaker, amend- inherit property from a spouse in the stitution of the United States. ing the Constitution is a radical action absence of a will; the right to purchase I implore my colleagues to vote which should only be undertaken when continued health coverage for a spouse ‘‘no.’’ absolutely necessary. Preemptively after the loss of a job. Mr. DELAY. Mr. Speaker, I yield 3 amending the Constitution to prevent When making this point, many times minutes to the gentleman from New something that has yet to happen is a I have heard opponents say that these Mexico (Mr. PEARCE). dangerous principle that this Congress rights can be obtained in other ways Mr. PEARCE. Mr. Speaker, I appre- should not endorse. We must always re- besides marriage. Some of them can, at ciate the opportunity to address this member what President Calvin Coo- a cost, with enough legal help, but issue. lidge once said, ‘‘The Constitution is many cannot. Is it a blatant attempt by Repub- the sole source and guaranty of na- I want to return briefly to the role of licans to score political points in a po- tional freedom.’’ marriage in protecting children be- litical season? I am sorry, but it was

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.066 H30PT1 H7902 CONGRESSIONAL RECORD — HOUSE September 30, 2004 not the Republicans who brought up Earlier this month, the Republican plishments. All they can do is play po- the Massachusetts Supreme Court deci- leader, the gentleman from Texas (Mr. litical games to hide their truly abys- sion on May 17. We have very little in- DELAY), said that he would not allow a mal record and hope that the American fluence in that particular matter. vote to continue the assault weapons people do not notice. From my friends on the other side of ban because it did not have the votes. The House Republicans have con- the aisle who declare to us that amend- When asked about scheduling a vote, trolled Congress for a decade. On Janu- ing the Constitution is just the exten- he said the following, ‘‘If the President ary 4, 1995, the day I was first sworn in, sion of rights, I would remind them asked me, it would still be no . . . be- moments before being sworn in, then that the Dred Scott decision that said cause we don’t have the votes to pass Speaker Newt Gingrich told the Mem- that slavery is correct and proper for an assault weapons ban, and it will ex- bers of the House that we were hired to these United States was, in fact, pire Monday and that’s that.’’ do a job, and we have to start today to turned around in a very similar situa- Despite the overwhelming support of prove we will do it. Well, the Repub- tion that we are facing today. Americans everywhere, he let the as- licans have had 10 years, and just look A Supreme Court is positioning itself sault weapons ban expire. at the dismal record. They have proven to declare a certain thing which is in Apparently, the gentleman from they just cannot do this job. It is time opposition to the will of the majority Texas (Mr. DELAY) only brings things for a change. House Democrats are of the people, and we are simply going to a vote when he has the votes. But ready to get to work. to turn that around with a constitu- wait, this week the gentleman from Mr. DELAY. Mr. Speaker, may I in- tional amendment, the same as the Texas (Mr. DELAY) has taken a dif- quire as to the time on each side? Thirteenth Amendment turned around ferent position on what he brings to The SPEAKER pro tempore (Mr. the Dred Scott decision of the Supreme the floor. SIMPSON). The gentleman from Texas Court. In Roll Call, he acknowledged he does (Mr. DELAY) has 55 minutes remaining Now for the discussion about what not have the votes to pass the marriage and the gentleman from Michigan (Mr. this is really about. Once we leave the amendment. This amendment will not CONYERS) has 53 minutes remaining. discussion of what is right for children pass the House, and it did not even a Mr. DELAY. Mr. Speaker, I yield 2 as the heart of the discussion, we begin get a simple majority in the Senate minutes to the gentleman from Texas to get confused about what is right. earlier this year. This amendment is (Mr. CARTER), a former judge. When we talk about the fact that there going nowhere. Mr. CARTER. Mr. Speaker, today, we are loving, gay couples who would like Let us be clear. The only reason this gather in this honorable chamber, and to raise their children, we seem to de- bill is being considered today is to as we gather, there is an attack taking part from the facts because only one score political points a month before place on the basic building blocks of out of three lesbians living in the same the election. I am not surprised in the our society, the traditional family. household are actually raising chil- least that the Republicans would put Since the dawn of civilization, a family dren, and among gay men, only one out politics before solutions. What is has consisted of a union between a man of five. shocking is that we would waste time and a woman. In a civilized society, This issue is not about the right to on these political games when they that union has historically been joined raise children. This issue is about their have accomplished so very little this through a legal process we call mar- rights to redefine marriage for the en- year. riage. tire Nation, and I will disagree with Earlier this month, the CBO released Mr. Speaker, you can go anywhere on my friends on the other side of the its update and confirmed that the 2004 this earth or here in the United States aisle that it is worth fighting for right deficit will be the largest in history, and wake somebody up from a dead now. It is worth fighting for in this $422 billion. This $818 billion deteriora- sleep and ask them to define marriage, House, and it is worth fighting for on tion from the $397 billion surplus that and they will tell you that it is a union the streets of America so that we have they inherited when President Bush between a man and a woman. Yet, this national public discussion to de- took office is just a shame. today, we are dealing with living with termine what is most effective for our a court ruling by the Supreme Judicial b 1430 children. Court of Massachusetts which tosses If we want examples, we can look to And what have the Republicans done aside the history of traditional mar- Scandinavia where more than 60 per- to bring the deficit under control? Ab- riage. cent now of the children are born out solutely nothing. As a result of their This judicial activism, better called of wedlock, just a few short years after policies, and for the third time in 3 social engineering, flies in the face of they have taken the same step that we years, Republicans need to increase the legal precedent, and as The Washington are taking here. debt limit once again. What have Re- Post shockingly stated, ‘‘is done by ju- This discussion is about what is right publicans done about this, the national dicial fiat.’’ Not a single State of the 50 for children. It has nothing to do with debt? Nothing. The list goes on and on. States in this union have any legisla- what is right for adults. How can we The Republicans never passed a 2004 tion or a constitutional amendment say that the rights of adults to choose budget. The fiscal year ends tomorrow, which changes the definition of mar- their desire is more important than yet we have only done one of our 13 ap- riage. This assault on traditional mar- what is necessary to correctly and propriation bills. The 9/11 Commission riage continues as legal challenges are properly raise our children? What is report was released in July. It has been joined in most all the States of this right for our children is a discussion. 71 days, and the House and Senate have Nation. Mr. CONYERS. Mr. Speaker, I yield 4 still not voted on its recommendations. Mr. Speaker, I have had the dubious minutes to the gentlewoman from Cali- We have not passed a transportation distinction of having presided over the fornia (Ms. LOFGREN) who has been of reauthorization bill since January 2001. dissolution of 20,000 marriages in my immeasurable assistance on constitu- We have lost 1.7 million private-sector career of public service. I would ventional questions in our committee. jobs. And for the third year in a row, ture to say that is more than anyone Ms. LOFGREN. Madam Speaker, the the number of Americans without else in this House. I have listened to Republican leadership has put us on health insurance has gone up. Medicare thousands of hours of testimony about notice that Congress will probably ad- premiums are as high as they have ever the damage that can be done by the journ next week until after the Novem- been. We have more people in poverty breakup of marriage to the children of ber elections. We should have done so this year than we did when Bush as- our Nation. It is a shame that we have much more this year. Yet, this week, sumed the Presidency. to go through this attack on marriage, Republican leaders have decided to The Republicans control the White but to add a further attack on mar- bring to the floor a constitutional House, they control the House of Rep- riage by redefining the definition of amendment banning gay marriage and resentatives, and they control the Sen- marriage would be an abomination to a bill to repeal gun laws in the District ate. They control everything in Wash- our children. of Columbia. Are these really the most ington. Despite all these advantages, For those who say, let the States important issues facing the Nation? all of this power, they have no accom- choose, I would point out that the

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.068 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7903 amendment will be required to pass send our children, and we have dif- they be embarrassed like those who three-fourths of the States, so it is up ferent interpretations about what this have to talk about their grandparents for debate in the States of this union. debate means to our children. One who voted to support slavery or voted The Bill of Rights amendments were thing I would urge my colleagues on in support of rounding up Americans ratified precisely to make sure that the other side not to do is not to tell and putting them in internment fundamental principles were explicitly your children you are being conserv- camps? laid out in our constitution. The mar- ative by supporting this. Conservative I hope that that is not the case. If riage protection amendment would ex- values, as I understand them, means you are concerned about what you will plicitly protect the institution of mar- not taking government and sticking it tell your grandkids, be more concerned riage before the courts so that we will into every relationship and into every about what they will tell their not be socially engineered out of our corner of someone’s personal life, like grandkids about you. rights as American citizens and to de- you seek to do with a woman’s right to Mr. DELAY. Mr. Speaker, I yield my- stroy traditional marriage. reproductive freedom and like you seek self such time as I may consume to just Mr. CONYERS. Mr. Speaker, 41⁄2 min- to do with the most intimate of rela- mention that we are talking about utes to the gentleman from New York tionships today. marriage. I know some think this is a (Mr. WEINER), the honorable Member Certainly, do not tell them that you debate or a constitutional amendment who serves on the Committee on the are passing laws in this body to protect on gay marriage and same-sex mar- Judiciary with great skill and distinc- them. That you should not tell the riage. No, we are talking about mar- tion. children when you have passed laws to riage and the definition of marriage. Mr. FRANK of Massachusetts. Mr. weaken water standards, weaken clean- That is what this debate is about. Speaker, will the gentleman yield? air standards and to underfund edu- Mr. Speaker, I yield 1 minute to the Mr. WEINER. I yield to the gen- cation. So when you are talking to gentleman from Texas (Mr. BRADY). tleman from Massachusetts. your children, do not tell them that. Mr. BRADY of Texas. Mr. Speaker, I Mr. FRANK of Massachusetts. Mr. Certainly, do not tell them that you am not embarrassed to say I stand here Speaker, I wanted to ask the previous are being consistent, because many of on behalf of tens of thousands of fami- speaker, who said he had presided over the folks on the floor here are the lies in the Eighth Congressional Dis- the dissolution of 20,000 marriages, I strongest supporters of the Defense of trict in strong support of the marriage just wonder, in how many of those was Marriage Act, yet in the Committee on protection amendment. the cause of the dissolution some gay the Judiciary and on this floor over I believe the institution of marriage relationship? and over, when challenged as to its is a sacred union. It predates Congress I mean, I am prepared to own up constitutionality, say, oh, absolutely; and the constitution. Marriage is not when I am at fault. Am I responsible, absolutely, it is constitutional. It has simply a legal contract. For all its as a gay man, for any of those 20,000 not even been struck down and already flaws, it is a covenant that truly binds dissolutions? The gentleman said there you are running away from your inter- individuals and families to each other were 20,000 dissolutions. Would he tell pretation of DOMA. So do not tell and has, for centuries, provided social us in how many of those 20,000 dissolu- them you are being consistent. stability, not only for our country but tions was the existence of a gay mar- And certainly, do not tell them that for our culture. riage or gay civil union the cause? you are being honest, because if you Marriage matters. It matters to the Mr. CARTER. Mr. Speaker, will the were being honest, you would not lie to American people. It matters to our gentleman yield? them and tell them that you are doing children, and it matters to our Na- Mr. WEINER. I yield to the gen- anything to amend the Constitution tion’s future. Because strong families tleman from Texas for a response. today. The Senate has already defeated foster strong morals and a strong Na- Mr. CARTER. About a half a dozen. this. If you are going to be honest with tion to go with it. But that was not the issue I was talk- them, you are going to have to tell As for those who say this is no busi- ing about. ness of Congress, I strongly disagree. Mr. FRANK of Massachusetts. A half them what you are doing is simply pos- Our Founding Fathers and mothers a dozen out of 20,000. turing. So, certainly, do not tell them Mr. CARTER. If I have the floor, and you are being honest. may never have imagined this debate I might speak, my point was the dam- What you are doing is teaching them today, but they created the thoughtful age that the dissolution of marriage to hate. You are teaching them that process for the American people to de- causes to the children of this marriage. the Constitution is the place you re- cide such matters of importance. I said nothing about gay marriages in move rights, not protect them. That, I And make no mistake, the definition my speech whatsoever. think, has been a consistent theme of of marriage will be defined. The only Mr. FRANK of Massachusetts. I this year’s session. So, perhaps, in that question today we are debating is by apologize. If the gentleman would con- case, you are being consistent in using whom, the unelected justices of the tinue to yield briefly. the Constitution that way. Federal courts or the American people? Mr. WEINER. I continue to yield to And I have to tell my colleagues, So you decide, who do you trust to de- the gentleman from Massachusetts, there are so many people who hang cide this nation-changing decision? I Mr. Speaker. their heads today when talking about have faith in the American people. Mr. FRANK of Massachusetts. I their grandparents who served in this Mr. CONYERS. Mr. Speaker, I am apologize for assuming that the gen- august body. They hang their heads pleased to yield 2 minutes to the gentleman was referring to gay marriage. when they talk about their grandfather tlewoman from Oakland, California This is a debate about gay marriage. who stood up on the floor of the well (Ms. LEE), who replaced our good col- So when the gentleman talked about and argued in favor of slavery. They league Ron Dellums, an activist in do- the dissolution of 20,000 marriages, I are embarrassed by that. mestic and international matters. made, apparently, the incorrect infer- There are so many who hang their Ms. LEE. Mr. Speaker, I want to ence that there was some relationship head when they talk about their grand- thank the gentleman for yielding me between what the gentleman was say- father who served in this august body this time and for his tireless efforts on ing and the subject under suggestion. I and fought for denying the rights of behalf of civil liberties and civil rights withdraw the inference. women. They are embarrassed by that. for all Americans. Mr. CARTER. Mr. Speaker, if the Why is it that you think your grand- This is a very mean-spirited and divi- gentleman will continue to yield. children will not some day grow up and sive constitutional amendment, and it Mr. WEINER. Mr. Speaker, I am be telling their children about is just plain wrong. It would take ev- going to reclaim my time, since the granddad or grandmom and have to be erything this Nation stands for, as a gentleman is not referring to gay mar- embarrassed about this debate; have to beacon of hope, as a land of oppor- riage, and that is what this very impor- be embarrassed and ashamed by the tunity and a tolerant Democratic soci- tant debate is about. idea that you, their grandparents, God ety, and really just turn it all on its Mr. Speaker, I have heard a great willing, they are able to tell the story head. Government should not be in the deal on this floor about the message we and how embarrassed they will be? Will business of passing constitutional

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.071 H30PT1 H7904 CONGRESSIONAL RECORD — HOUSE September 30, 2004 amendments to discriminate against saying the Ministers have harmed future b 1445 anyone. funding for the fight against the spread of AIDS. However, with the recent onslaught In an election year, with so much at against the traditional family in the stake, this amendment is clearly a ploy We are calling all of us to relate to each other with mutual respect for each other so courts, I believe it is now time for the to divide the country’s focus from the as to allow us to differ logically and hu- Federal Government to act decisively real issues, and I say, do not be fooled. manely on the issues. A Caring and compas- as well. There are far more important issues sionate number of African American clergy Mr. Speaker, 44 out of 50 United facing our Nation this year that this do not support President George W. Bush for States have already enacted laws that re-election, but they support traditional administration and Republican-con- identify marriage as a union of a man trolled Congress refuse to debate and family values while promoting ministries to decrease and spread of AIDS. These Pastors and a woman, mother and father. Yet which have far greater impact on our activist judges who look to enforce country than this issue of a constitu- teach and preach against racism, sexism, ageism, classism, and homophobia. No one their own personal views continue to tional amendment. can place all African American Ministers strike down laws passed by State legis- In my district, the Ninth Congres- into a single theological, ideological or polit- latures and approved by our constitu- sional District of California, six mem- ical camp. ents. In fact, over 60 percent of the bers of the clergy, six members of the We encourage you to investigate the larger American people agree we need a Fed- African-American clergy, led by a and more far reaching implications of the upcoming presidential race. In addition to eral constitutional amendment. The great religious leader, the Reverend J. citizens of the United States, our con- Alfred Smith, Sr., Senior Pastor of the whatever your personal opinion is regarding same sex marriages, ask yourself this litany stituents, want us to support tradi- Allen Temple Baptist Church, ad- of questions. Can America survive if she con- tional marriage between one man and dressed this very issue. In this open tinues unilateral war making in a time that one woman. They do not want a court letter, published in the Oakland Trib- calls for international peace-seeking collabo- to decide the definition of marriage. une, they characterized the intent of ration? Can the economic infrastructure of Therefore, if we do not pass a con- this amendment to disrupt the peace city, county, state and the nation survive stitutional amendment on the Federal continuous lavish investment in the mili- and good will of many in both the sec- level, federally appointed judges will ular and religious communities. tary? Can the American common people whom we serve as clergy persons survive the make their own definition without a They continued, ‘‘whatever your per- single vote by the American people or sonal opinion is regarding same-sex diminishing of resources for public education and health care? Can the American image their representatives. I believe this marriages, ask yourself this litany of survive our rejection of global treaties and body has an important decision to questions.’’ They said: ‘‘Can America environmental controls? Is it liberty and jus- make, a decision that is obviously a survive if she continues unilateral war- tice for all Americans when preferential major concern to the majority of the making in a time that calls for inter- treatment is given to the wealthy and select American public. corporations? Should not all Americans seek national peace-seeking collaboration?’’ To illustrate this, as of this morning, ‘‘Can the American common people, an administration that will protect our freedoms against punitive patriot legislation over 2,600 constituents from Georgia’s whom we serve as clergy, survive the 11th Congressional District have writ- diminishing resources for public edu- while defending America from our enemies? Last, but not least, we do not give our souls ten to me in favor of this amendment. cation and health care?’’ They ask the to any imperfect human made political sys- They have voiced their concerns to me, question: ‘‘Can the American image tem. When the Kingdom of God comes, we do and I believe they are right, and I survive the rejection of global treaties not believe it will arrive on the wings of Air strongly urge Congress to pass the and environmental controls?’’ They Force One. We are committed to the prin- marriage protection amendment. said: ‘‘Is it liberty and justice for all ciples of compassion, courage, and critical thinking in leading a People whose purpose As far as the gentleman from the Americans when preferential treat- other side of the aisle who questioned ment is given to the wealthy and select driven lives elevate principles of ethics far above the perils of political expediency. what our grandchildren will think of corporations?’’ their grandparents some day, my four Mr. Speaker, the answer to all of Bishop Bob Jackson, Acts Full Gospel; grandchildren will say thank God their these questions is no. So I strongly Bishop Ernestine Reems, Center of Hope; Reverend Joseph Smith, Pastor, Good Hope granddad stood up for their moms and urge my colleagues to vote ‘‘no’’ on Baptist Church and President, Bay Cities; dads for the passage of this constitu- this cynical and divisive attempt to le- Baptist Minister’s Union; Reverend Lloyd tional amendment. gitimize discrimination in our most Farr, Pastor, New Bethel Missionary Baptist important secular, mind you, our most Church, and President, Baptist Minister’s ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE important secular, not religious, docu- Union; Dr. Frank Pinkard, Pastor, Evergreen The SPEAKER pro tempore (Mr. ment, the Constitution. Baptist Church; Dr. J. Alfred Smith, Sr., SIMPSON). The Chair would admonish Mr. Speaker, I submit for the RECORD Senior Pastor, Allen Temple Baptist Church. guests in the gallery that they are here the open letter published in the Oak- Mr. DELAY. Mr. Speaker, I yield 3 as guests of the House, and are not to land Tribune, which I earlier referred minutes to the gentleman from Geor- show approval or disapproval for re- to: gia (Mr. GINGREY). marks on the floor. Mr. CONYERS. Mr. Speaker, I yield 5 HERE WE STAND Mr. GINGREY. Mr. Speaker, I appreciate the opportunity to rise today in minutes to the gentlewoman from In a democracy each citizen is given freedom of speech. No one is to be condemned for support of the marriage protection Texas (Ms. JACKSON-LEE) who has being Democratic or Republican, conserv- amendment, which is before the House worked on civil rights and constitu- ative, moderate, or liberal. Most recently, today. Over the past several years, the tional matters with great skill ever twenty African American Clergy exercised traditional family has been under at- since she has come to this Congress freedom of speech at a press conference. tack. The survival of the American (Ms. JACKSON-LEE of Texas asked These ministers stated that they were work- family is of crucial importance because and was given permission to revise and ing to elect President George W. Bush for a it serves as the backbone to our Nation extend her remarks.) second term of office as President. These as the primary protector and educator Ms. JACKSON-LEE of Texas. Mr. Pastors spoke not for their Churches but they as individuals exercised their American of our children. Speaker, I thank the distinguished privilege and democratic right as citizens. Studies overwhelmingly suggest that ranking member for his continued serv- As a result of their exercise of free speech, children have a greater chance at suc- ice to America. conflict and controversy have disrupted the cess in life when a mother and a father I thought I would take just a mo- peace and goodwill of many in both the sec- are both present in the home. It is true ment to move this debate to the docu- ular and religious communities. There are that the recognition of the family unit ment which we are attempting to those who believe that there would have has been traditionally a State issue. In amend, and that is the Constitution. As been no hatred and hostility if those Min- fact, in my home State of Georgia, we I arrived on the floor of the House, I isters would have not stated that their reasons for supporting electing Mr. Bush to a will have a direct voice this November was listening to one of the speakers second term was not tied to the divisive 2. In Georgia, we will vote yea or nay mention that the concept of marriage issue of same sex marriages. The AIDS activ- on a constitutional amendment ban- is embedded in the Constitution of the ists responded to the press conference by ning so-called same-sex marriages. United States. I took a moment, as I

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.073 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7905 listened and reflected on the various man, not as a northern man, but as an to the Committee of the Whole with a rule that voices that have been raised, because American and a Member of the Senate restricts the voices of the members who func- this is a constitutional debate that of the United States. I speak today for tion as one of the few voices that the Nation heretofore would take numbers of days the preservation of the Union.’’ will have on its future. because we would be serious about So I speak today for the preservation TENTH AMENDMENT amending the Constitution. of the Constitution of the United The 10th Amendment states: ‘‘The powers But I came upon article IV that talks States of America. It troubles me that not delegated to the United States by the Con- about full faith and credit shall be even though we can find ways to divide stitution, nor prohibited by it to the States, are given in each State by the public acts, over many, many issues, it troubles me reserved to the States respectively, or to the records, and the judicial proceedings of that we do not embrace the respect and people.’’ This amendment was the basis of the every other State, and so I do not un- the understanding of the freedom of doctrine of states’ rights that became the ante- the religion. derstand the argument that is being bellum rallying cry of the southern states, I also offer to say that Daniel Web- made by my friends on the other side of which sought to restrict the ever-growing pow- the aisle, and I take issue in that be- ster made it very clear that we must work in order to preserve not only this ers of the federal government. The principle of cause there will be different voices states’ rights and state sovereignty eventually raised from both sides of the aisle. This Union, and he said ‘‘Instead of dwelling in those caverns of darkness, let us led the southern states to secede from the is a constitutional question. This is a central government that they believed had debate for all America, no matter what enjoy the fresh air of liberty and union.’’ failed to honor the covenant that had originally political hat one may be wearing. bound the states together. But I come upon the first amendment Let us enjoy the fresh air of liberty and the understanding that this con- In this case, the individual states need to that clearly distinguishes and says have the ability to differ with the federal gov- that Congress shall make no law re- stitutional document would protect any American who would fall on the ernment in an area that relates to what goes specting an establishment of religion on in the homes of individuals. or prohibiting the free exercise thereof. minority side of a cause. If it is not I stand before Members to respect you today, it may be you tomorrow. FULL FAITH AND CREDIT and acknowledge the faith community For us to have a constitutional In 1887 the court told us that ‘‘Without doubt and the definitions they may give to amendment that takes this document the constitutional requirement, Art. IV, § 1, that unions of human beings and people in and make mockery of it, it has served ‘full faith and credit shall be given in each the United States. But I again remind us well. There is not a page or line or State to the public acts, records, and judicial my colleagues that this again is a sec- sentence in this document that under- proceedings of every other State,’ implies that ular Nation. Embedded in the Constitu- mines the human dignity of anyone. I the public acts of every State shall be given tion is our right to freedom of religion, welcome the clergy, and I would go to the same effect by the courts of another State but it indicates very specifically that pray and sit with them and discuss that they have by law and usage at home.’’ with them their beliefs as I respect we are to designate no particular reli- Chicago & Alton R.R. v. Wiggins Ferry Co., them, as I respect all of our beliefs. But gion for this Nation. 119 U.S. 615, 622 (1887). As a southerner coming from the who are we as a Nation if we are pro- The proposal in H.J. Res. 106 will overturn State of Texas, I stand before you with moting democracy in the very bottom Wiggins Ferry, and all other supreme court ju- great jeopardy because the predomi- of the insurgency of Iraq and Baghdad, risprudence that have pronounced what the nant individuals in my community do and we would stand today to deny the Framers of the U.S. Constitution intended in speak as others have already spoken; constitutional understanding that says drafting Article IV, § 1. we all are created equal. This docu- however, I would be incensed if anyone EQUAL PROTECTION OF THE LAW ment stands to the living testament was to define the gentlewoman from Gay and lesbian Americans are American that whoever you are in this Nation, Texas (Ms. JACKSON-LEE) or any of us citizens who pay taxes and protect our com- you have freedom under this Constitu- who hold this Constitution dear, as munities as fire fighters, police officers, and by tion. serving in the military, and therefore desire the someone who would fall over to the Mr. Speaker, I ask my colleagues to same rights and protections as other Ameri- comfort zone where you would be pat- defeat this amendment because it is cans. ted on the back and praised and given unjust and it is not befitting of these Denying gay and lesbian couples the right all kinds of accolades because you de- United States of America and those of to engage in a union equals a federal taking— cided to stand against a justice system us who desire to preserve the Union that allows people to be human and and the Constitution, realize that this legal rights in pensions, health insurance, hos- dignified and equal in this country. I amendment does not promote freedom pital visitations, and inheritance that other refuse to do that. of religion or the sanctity of our Con- long-term committed couples enjoy. I might offer to Members that I spent stitution. As Members of Congress with the authori- some time finding myself on the wrong Mr. Speaker, this resolution is the symbol of ties vested in us as a body, we have a re- side of the majority of the people of the misplaced priorities. As my colleague from sponsibility to deal with issues that need atten- United States of America. The good California eloquently enunciated during a Judi- tion. There is no emergent need relating to in- news is that those of us who have done ciary Committee markup of the ‘‘9/11 Rec- dividual well-being, national security, or any that wake up every morning feeling ommendations Implementation Act,’’ H.R. 10 other government interest that warrants a con- good because we have slept well. The yesterday, it is unfathomable that we rushed stitutional amendment for this purpose. This is impeachment we went through in 1998, through the consideration of that very impor- a waste of the taxpayer’s dollars. This amend- I am reminded of that room when ev- tant legislation so that we could debate this ment takes away existing legal protections, erybody thought this was the way we unnecessary proposal. Whether same-sex under State and local laws, for committed, should go, and I frankly believed, as unions negatively affect our traditional notions long-term couples, such as hospital visitation many of my colleagues who joined us of marriage will not make a difference to the rights, inheritance rights, pension benefits, and believed, that the Constitution at the families of 9/11 victims. Our first responders health insurance coverage among others. time must prevail. will not get the needed funding to prepare for Under current law, marriage is a decision of So let me share some words during a imminent attacks as a result of swift passage the State. As marriage was initially tied to very difficult time in America, and of the Federal Marriage Amendment. This de- property rights, this has historically always that was the civil rights movement bate is ridiculous and will not help the Amer- been a local issue. The State gives us a mar- first, but the Civil War in the 1800s ican people. riage license, determines a couples’ tax brack- when this country was divided both in I oppose this bill. H.J. Res. 106, the ‘‘Fed- et and authorizes its divorce. It does not need terms of individual family members eral Marriage Amendment,’’ proposes to as- additional control over the situation. Religious and States. It was a time when people sert Congress’ opinion on the lives of all conceptions of marriage are sacrosanct and were trying to find some way to pre- Americans on matters that concern their per- should remain so, but how a State decides to serve the Union. Daniel Webster stood sonal lives, their family relations, and their dole out hospital visitation rights or insurance on the floor of the United States Sen- very identity. benefits should be a matter of State law. As ate and stated, ‘‘Mr. President, I wish This Constitutional amendment is not nec- legal relationships change, laws adapt accord- to speak today not as a Massachusetts essary and therefore should not be transmitted ingly.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 E:\CR\FM\K30SE7.086 H30PT1 H7906 CONGRESSIONAL RECORD — HOUSE September 30, 2004 Matters of great importance, such as mar- vidual states individual autonomy in deciding cense that extends rights, it should not be de- riage, need to reflect the will of the people and how to recognize marriage and other unions nied to one group of people—otherwise, this be resolved within the democratic process. By within their borders. This allowed legislators body will be guilty of legislating in violation of having Congress give the States restrictions the latitude to decide how to deal with mar- the Equal Protections Clause of the Constitu- initially, we are denying them the chance to let riage rights themselves, while simultaneously tion. their constituents decide what is best for them. stating that no state could force another to Mr. Speaker, again, I urge my colleagues to We cannot use the Constitution as a bullhorn recognize marriage of same sex couples. For defeat this resolution, and I urge this body to to dictate social policy from Washington. those who want to take a stance on marriage preserve the Constitution for the document of We are fighting global war on terrorism, we alone, DOMA should quell their fears. We do equality that it is—vote ‘‘no.’’ are still recovering from the greatest attack on not need additional, far reaching legislation. Mr. DELAY. Mr. Speaker, I yield 2 American soil and we are working to create al- FMA WILL NOT CHANGE VIEWS ON SAME SEX MARRIAGE minutes to the gentleman from Texas liances around the world. We have men and The Federal government cannot use its in- (Mr. NEUGEBAUER). women overseas who are giving their lives to fluence to change people’s minds about a so- Mr. NEUGEBAUER. Mr. Speaker, I see freedom in Iraq. We have troops in Af- cial issue. it did not work in the 1920s with the rise today in strong support of the ghanistan that are still trying to set up a func- 18th amendment declared alcohol to be illegal marriage protection amendment. This tioning democracy in Kabul. Why are we wast- and it did not work in the 1960s when inter- bill could also be called the family pro- ing time on the house floor, in our legislative racial marriage was still considered a crime. tection amendment. It could be called offices and with our valuable staff to handle This amendment will not change the lives of the child protection amendment be- this ludicrous amendment? those who want to live as a married couple, all cause it is the best environment for our This proposed amendment will forever write it will do is take away their license to do so. children’s future. It is one that arises discrimination into the U.S. Constitution rather THIS WILL CLOG THE JUDICIAL SYSTEM out of a marriage between one man and than focusing on the crucial problems and The FMA is a lawyer’s dream and a judge’s one woman. challenges that affect the lives of all of us. At nightmare. The number of cases that will flood It is unfortunate that we have come a time of record high unemployment, dimin- the system will be outlandish. Does the FMA to this point where Congress must step ishing job prospects, a ballooning budget def- retroactively invalidate all marriages that have up and amend the United States Con- icit that is choking our economy and crucial occurred in the interim? If a spouse has died, stitution in order to protect marriage social service programs, a public school sys- how does the retroactive annulment affect in our country. However, the cir- tem that is in great need of attention and a custody of the children, or property rights? cumstances presented to us today leave health care system that is failing over 43 mil- There will be a litany of case law brought to us no choice but to do so. I want to en- lion Americans that remain uninsured over the deal with these questions, and our judicial sys- sure that the citizens of our Nation past 3 years. This discriminatory constitutional tem will be filled with cases trying to sort out make this decision directly through amendment is nothing more than a political the lasting effects of the FMA. their elected officials and their vote, distraction for the country to divert attention THIS IS LIKELY TO FAIL and not by unelected Federal judges. I from the overabundance of real problems and Amending the constitution is not a simple want my fellow Texans, not a Federal our tremendous lack of effective solutions. thing, and should be done with care and cau- court, to decide what marriage is in VIOLATION OF PRIVACY tion over a long period of time. Our haste in our State. Our civil liberties are based upon the funda- this matter will be the tragic flaw of FMA’s In 2003, the Texas legislature passed a mental premise that each individual has a right journey. Recent polls show that a majority of law defining marriage as a union be- to privacy, to be free from governmental inter- people who oppose gay marriage also oppose tween a man and a woman. The 1996 ference in the most personal, private areas of amending the constitution to ban them. Even Defense of Marriage Act does not com- one’s life. Deciding when and whether to have if the Bush administration can whip enough pel Texas to recognize same-sex mar- children is one of those areas. Marriage is an- votes to pass this through both chambers, it is riages authorized by other States, and other. highly unlikely that 35 states would approve it. I support that law. However, the law In 1965 the Supreme Court ruled in Gris- FMA DOES NOT HELP FAMILIES does not keep same-sex couples with wold v. Connecticut that a married couple had Many of my colleagues are arguing that marriage licenses issued in other the right to use birth control. In doing so, the FMA is here to protect the family. Spending States from moving to Texas and suing Court recognized a ‘‘zone of privacy’’ implicit time and resources to amend the constitution to have their union recognized as a in various provisions of the Constitution. Most to prevent gay marriages is not helping a sin- marriage in Texas. recently, the Supreme Court struck down a gle family. Divorce, abuse, unwed motherhood Would a Federal court or a Supreme law criminalizing sex between same-sex cou- and unemployment are doing far more harm to Court uphold DOMA in this case? We ples in Lawrence v. Texas based upon these millions of families everywhere. To those who do not know that. But what we do same principles. are taking up the cause to protect American know based on recent history, the indi- Indeed, Lawrence relied principally on Gris- families, perhaps your attention could be fo- cation is that it is a safe bet that ap- wold, Eisenstadt and Roe v. Wade. Collec- cused elsewhere on the problems which are pointed judges and not the American tively, these decisions recognize the funda- truly plaguing them. people may make that decision. The mental principle that the Constitution protects The vocal proponents of the FMA show their situation I just described is not an individuals’ decisions about marriage, strong and willful hatred of the gay and les- imagined one. It is a reality in 11 procreation, contraception and family relation- bian community. This egregious amendment States that are currently facing legal ships. The issues are inextricably linked—in would enshrine discrimination against a spe- challenges in their States. Judges in law as well as policy. cific group of citizens and intolerance of spe- these cases, not the people, will be able THERE IS NO VALID NEED TO AMEND THE CONSTITUTION cific religious beliefs into our Nation’s most sa- to define marriage. Mr. Speaker, this is Amending the Constitution is a radical act cred document. The fight for equality is not how our system of government was that should only be undertaken to address uniquely woven into our Nation’s history. From designed to work. great public-policy needs. Since the adoption the suffrage movement, to the civil rights To date, people across 44 States have of the Bill of Rights in 1791, the Constitution movement, to the gay rights movement, mi- spoken. They have sent the message has been amended only 17 times. Moreover, norities in this country have worked tirelessly that they believe marriage should con- the Constitution should be amended only to to achieve the equal rights guaranteed. sist of a union of a man and a woman. protect and expand, not limit, individual free- THE LEGAL INCIDENT OF MARRIAGE WARRANTS A This represents 88 percent of our doms. By contrast, the Federal Marriage LICENSE States. Amendment is an attempt to restrict liberties, There are a multitude of critical protections Mr. Speaker, in closing, it is not just and on a discriminatory basis. needed for same sex couples and their chil- what I am saying, but the children also DEFENSE OF MARRIAGE ACT ALREADY EXISTS dren. These legal incidents include rights re- know what the definition of marriage The Defense of Marriage Act, which Presi- lated to group insurance, victim’s compensa- is. dent Bill Clinton signed into law in 1996, al- tion, worker’s compensation, durable powers Mr. CONYERS. Mr. Speaker, I yield 5 ready exists and recognizes marriage as a of attorney, family leave benefits and a joint minutes to the gentleman from Mary- heterosexual union for purposes of federal law tax return. These benefits are necessary for land (Mr. HOYER), a longtime civil only. DOMA was designed to provide indi- families to function. Legal status is truly a li- rights and human rights advocate.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.047 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7907 Mr. HOYER. Mr. Speaker, let me say history regarding marriage. The gen- marriage is something that is worth that I support the traditional defini- tleman from California pointed out not preserving and protecting. Despite tion of marriage as a union between a one of those amendments has ever been what some of my colleagues will say, man and a woman. I voted for the De- voted on in either House because the we are not here for malicious purposes. fense of Marriage Act in 1996, but I be- leadership in those houses over those We are here to ensure that our mar- lieve, like Vice President CHENEY, that years thought those 130 amendments riage laws protect an institution that this is an issue that should be regu- did not belong on the floor. How sad it is part of the bedrock fiber of our soci- lated by the States, as it has been is that we do not have that kind of ety. throughout the history of this great leadership today. To determine whether or not a law is Nation. At midnight tonight, my colleagues, discriminatory, you have got to have In fact, Mr. Speaker, the chair of the the new fiscal year begins. How many an understanding about something of House Republican Policy Committee, of 13 must-pass appropriation bills have the purposes of that law. Is Social Se- the gentleman from California (Mr. passed? One. Mr. Speaker, the Repub- curity age discrimination because only COX) stated on Tuesday in the Wall lican majority’s legislative malfea- people of retirement age are affected Street Journal and I quote, ‘‘The Fed- sance is on full display today. The ap- by that? Of course not. Similarly, com- eral marriage amendment would do propriations process is in meltdown. mon sense, experience, and social more harm than good were it to be en- This Republican Congress has failed to science will tell us that the purposes of shrined in our charter.’’ That is the enact a budget, failed to enact intel- our marriage laws are neither ugly nor statement of the chairman of their pol- ligence reform, failed to enact energy invidious. icy committee. reform, failed to enact the reauthoriza- Marriage is a social institution. Indi- Through their legislatures and tion of the highway bill, failed to enact viduals freely decide to enter marriage, courts, the States have proven quite the reauthorization of the Higher Edu- but they do not have a right to redefine capable of determining the legal defini- cation Act. The list goes on and on. Yet its basic nature because they disagree tion of marriage. I believe the proper with all that outstanding legislation, with our shared American under- venue to consider decisions affecting with all of America’s business bottled standing of what marriage is. They do this issue is in State courts and legisla- up and pending, we consider a constitu- not have that right any more than an tures, and yes, with the people of the tional amendment that the chairman individual can privately redefine the individual States. Thus, I oppose this of the policy committee on the Repub- meaning of other basic social terms constitutional amendment which is, at lican side says will not pass. How pat- like ‘‘property’’ or ‘‘democracy’’ or its core, based on intolerance and is a ently political today is. ‘‘church’’ or ‘‘corporation.’’ patently obvious effort to energize a Mr. Speaker, this Republican major- A vote for this amendment is a vote part of the Republican Party’s base and ity has failed. The American people de- to preserve and protect an institution inflame the passions of others. serve better. I urge my colleagues to that is critical to the well-being of None of us should ignore the Repub- vote against this amendment. American families and children. Mr. lican majority’s real intent here today. Mr. DELAY. Mr. Speaker, I yield 3 Speaker, today we are going to stand This constitutional amendment rep- minutes to the gentlewoman from Ten- with a basic element of our society. We resents the perfect marriage of raw po- nessee (Mrs. BLACKBURN). have an obligation to preserve it. litical cynicism and distraction. Every- Mrs. BLACKBURN. Mr. Speaker, I Mr. CONYERS. Mr. Speaker, I am one in this Chamber understands that want to thank our majority leader for pleased to yield 41⁄2 minutes to the gen- this amendment is not going to pass. In his leadership on this issue. It is an tleman from Massachusetts (Mr. fact, the gentleman from California honor for me to stand here with my FRANK), a distinguished member of the (Mr. COX) said again in the Wall Street colleagues today to protect marriage. Committee on the Judiciary now on Journal, ‘‘The Federal marriage To my colleagues who oppose this leave. amendment is more symbol than sub- amendment, they want to argue that Mr. FRANK of Massachusetts. Mr. stance given the near impossibility of a marriage is a right that should be ex- Speaker, consistently proponents of two-thirds vote.’’ tended to relationships beyond those of this amendment have tried to hide Even the majority leader himself ac- one man and one woman. They want to what it does. Yes, there is a question knowledged as much this week, telling claim that the effort to protect mar- about what one State could be com- Congress Daily, ‘‘I think it is really riage is about discrimination. pelled to do by the Federal courts to important to put Members on the Mr. Speaker, I have a statement I respect another. If that were the prob- record, particularly before an elec- want to enter into the RECORD. It is lem, an amendment could come for- tion.’’ Orval Faubus would have agreed from one of Boston’s most respected ward aimed narrowly at that. I would with that; George Wallace would have African American leaders, Reverend not support it. But an amendment that agreed with that; Lester Maddox would Richard Richardson of the St. Paul Af- said the full faith and credit clause have agreed with that. rican Methodist Episcopal Church, does not apply could have come for- The majority leader’s decision to standing in support of marriage, work- ward. This amendment goes far beyond move this amendment to the floor just ing to help protect marriage. that. But the proponents of it appar- 7 months after stating that it was un- The statement is as follows: ently understand how indefensible it is likely to be considered this year is ‘‘As an African-American, I know some- in the very democratic terms which more than ironic, it is patently polit- thing about discrimination. . . . The tradi- they use, and therefore they conceal it ical. The purpose in bringing this tional institution of marriage is not dis- from the people, speaker after speaker amendment to the floor today, just 4 crimination. And I find it offensive to call it after speaker. that. Marriage was not created to oppress I hope the majority leader will tell us weeks before the election, is to create people. It was created for children. It boggles the fodder for a demagogic political ad why he will not be straightforward my mind that people would compare the tra- about this element of it and here is that appeals to voters’ worst fears and ditional institution of marriage to slavery. prejudices rather than, as we should From what I can tell, every U.S. Senator— what it is: this does not simply say do, to their best instincts. both Democrat and Republican—who has that judges cannot decide the question. Finally, Mr. Speaker, given that this talked about marriage has said that they And it does not say that one State can- amendment is not going to pass, it is support traditional marriage laws and op- not compel another. It also says, and nothing short of amazing and irrespon- pose what the Massachusetts court did. Are its major impact, if it were to pass, they all guilty of discrimination?’’ sible that we are spending time debat- would be to say to the voters of Massa- ing this issue on the floor today. Mr. Speaker, there is an emotional chusetts, no matter what you say in a appeal to their arguments, but we are referendum, no matter how you, the b 1500 not here to legislate on emotion, and democratic electorate of Massachu- Again as our colleague from Cali- this is not comparable to the civil setts, choose to define marriage, we the fornia (Mr. COX) pointed out, there rights movement. We are here today, Federal Government overrule you. have been more than 130 amendments Mr. Speaker, because logic, because What justification have you for that? to the Constitution proposed in our reason, because experience tell us that You say the people of Texas, the people

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.078 H30PT1 H7908 CONGRESSIONAL RECORD — HOUSE September 30, 2004 of Tennessee want to decide. Why not I say demonize for this reason. You woman, that is being attacked and try- the people of Massachusetts? Why did say, we do not have anything against ing to be overturned now. you not draft an amendment that these people. Then why do you change Mr. Speaker, before our subcommit- would have honored the right of a my love into a weapon? Why if I have tees we have heard testimony after tes- State’s electorate to make a decision? the same feelings that you do towards timony by leading scholars of the Our legislature is now in charge of this another human being does that some- courts that tell us that when that act issue. The legislature will decide and how become the only weapon of mass comes before the courts, it will be de- the referendum will decide; and this destruction you have ever been able to clared unconstitutional, not because amendment undeniably, but silently, find? that was the original Constitution but says that no matter what any State I urge the House to turn this down, because of the way a few handful of does, it will be overruled. Vermont’s let the people of Massachusetts make judges are interpreting that Constitu- civil union law originally came from their own choices, and let loving men tion today. the courts, but it has since been ac- and loving women live in peace. Mr. Speaker, the question for us is cepted by the political electorate. Mr. DELAY. Mr. Speaker, I yield my- very simple. There are some of our There have been votes in Vermont over self such time as I may consume. friends who say that the protection of this. Elections. This would also be I have the utmost respect for the marriage is not worth amending the overturned. gentleman from Massachusetts. I re- Constitution. I think it is worth that, But now let me turn to the merits. spect his feelings. No one is attacking Mr. Speaker; and I hope we will pass We heard one gentleman say that he his feelings or his relationships. There this amendment so we can stand with was not talking about same-sex mar- are many loving relationships between all the people across this country who riage. He just noted that he had pre- adults. But, Mr. Speaker, what we are believe very strongly that marriage sided over the dissolution of 20,000 mar- saying and what this amendment is should be between a man and a woman riages. I am a gay man and I have pre- about is children, having children, rais- for the protection of the children in sided over the dissolution of none. So I ing children, and the ideal of marriage that marriage. guess I do not feel quite as guilty about between one man and one woman rais- Mr. CONYERS. Mr. Speaker, I am assaulting marriage as some of you ing those children. would like me to feel. I am sorry Rush pleased now to reach across the aisle Mr. Speaker, I yield 3 minutes to the 1 Limbaugh has been divorced three and yield 3 ⁄2 minutes to the distin- gentleman from Virginia (Mr. FORBES). guished gentleman from Arizona (Mr. times, but it ain’t my fault; and it is Mr. FORBES. Mr. Speaker, one thing not the fault of any of my friends. That KOLBE). that both sides of the aisle, I think, Mr. NADLER. Mr. Speaker, will the is the issue. can agree on today is that we should We are not assaulting marriage. gentleman yield? not be here today debating this amend- Since when is it an assault on some- Mr. KOLBE. I yield to the gentleman ment. I was thinking as I was sitting thing for people to say, you know what, from New York. here, if we could go back in time to the we have been excluded from this insti- Mr. NADLER. I thank the gentleman days when they were laying the very tution. We are also human beings and for yielding. foundation of this building that we are we feel love. We feel it in a way dif- Mr. Speaker, the distinguished ma- ferent than you. We feel it for someone in today and we could ask the individ- jority leader said that this amendment of the same sex, male or female. And uals laying that foundation, people is about protecting children. With all we look at your institution of mar- walking the streets in D.C., what is the due respect, it has nothing to do with riage, and we see the joy it brings. We definition in America of marriage, they protecting children. Gay people, les- see the stability it brings to society. would have looked at us in bewilder- bian people raise children today. They How does it hurt you if we share in it? ment and they would have said without have children. They raise them. The That is the core issue I have not heard question, it is the relationship between laws of many States permit them to understood. What is it about the fact one man and one woman. adopt children and they do. What this that two women in love in Massachu- Mr. Speaker, if I had dared to tell amendment is aimed at doing is aimed setts want to be legally as well as mor- them that there would come a day at preventing any State from bringing ally responsible for each other and live when I would stand in this Chamber some stability to the lives of those together and keep their home? Why is and people would point their finger at children by allowing their lesbian or that an assault on you? me and they would yell and they would gay couples who have legal custody of What a case of blaming the victim. scream and they would call me names those children, who are raising those You are defending yourselves against because I dared to stand up here to de- children, to be able to get married. And two loving people whose failure is to fend that definition of marriage, they this amendment says never mind what love each other and to want not simply would have been just awestruck. the electorate says, never mind what to be free floating but to be com- Mr. Speaker, our friends on the other the legislature says, we do no want mitted? What is it you are protecting side of the aisle always talk about rep- those parents to be able to be married. yourselves against? How do we threat- resenting the people in this country; So do not tell us this is about pro- en you? What about the love of two but when their definition of marriage tecting children. Whatever it is about, men so disturbs you that it would dis- was challenged, 78 percent of them in it is not about that. solve marriages? There are apparently, Louisiana stood up and said that they Mr. KOLBE. Mr. Speaker, I thank the what, men and women happily married believed that marriage should be be- gentleman for his comments. I thank all over the country and they will learn tween a man and a woman; 71 percent the gentleman from Michigan for yield- that in Massachusetts the legislature of them stood up in Missouri; 70 pering me this time. I wish I could seek allowed same-sex marriage to continue cent in Nebraska; 69 percent in Hawaii; time from my side of the aisle to speak and they will get a divorce, they will 61 percent in California. today for basic human rights. call the gentleman from Texas and he Mr. Speaker, what we are facing b 1515 can make it 20,001. today is an assault by a few individuals The gentleman from Texas, the ma- on that basic traditional definition of Unfortunately, the misguided effort jority leader, says this is not about gay marriage between a man and a woman. to enshrine family law into the Con- marriage. Yes. And God didn’t make The problem we had is that when this stitution of the United States comes little green apples and it don’t rain in Congress stood up with the people in from this side of the aisle. So I am Indianapolis in the summertime. This this country and said we want to pro- grateful to the minority for yielding is a political effort and it comes up a tect that definition for you and they me this time. month before the election when it has passed the Defense of Marriage Act, Mr. Speaker, the very process by been an issue since May of this year at they realized that that act is currently which this bill is brought before us least and before, a month before the under attack in Nebraska alone where today is an affront to this institution. election, an amendment that has no 70 percent of the voters amended the It was not considered by any com- chance to pass, demonizes same-sex Nebraska constitution to define mar- mittee of the House. It is not brought couples. riage as the union of one man and one to the floor by the chairman of that

VerDate Aug 04 2004 04:26 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.080 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7909 committee. Rather, it is brought by the States were not doing what they has been funded to help the poor ac- the Republican leadership, who decided wanted had a concerted strategy to use quire interpersonal and conflict man- to take upon themselves to do the the courts to get abortion. And they agement skills to promote and work of the committees and their worked over the years, went to the Su- strengthen marriage. chairmen. Moreover, this very same preme Court, and they got their abor- The people I talk with, however, do legislation was considered in the Sen- tions. And we have abortions. not want the government to be their ate and did not even achieve a majority The same thing is happening now on family therapist. They do not want the vote, much less the required two-thirds marriage. They are trying to get mar- government to be in their bedroom. for a constitutional amendment. Why riage redefined in this country, so we They want a government that helps then are we rushing to judgment here know that we will end up in the Su- create good jobs with good benefits, today? What is the compelling reason preme Court. flexible workplaces, universal health to consider this now? Mr. Speaker, I yield 2 minutes to the coverage, affordable child care, safe Eleven States have proposed con- gentleman from Georgia (Mr. BISHOP). after-school programs and much more. stitutional amendments on the ballot Mr. BISHOP of Georgia. Mr. Speaker, They know what real family values this November which would define mar- I am glad that Congress has moved this are. riage in their own States as being be- important legislation to the floor of And let me read a letter I just re- tween a man and a woman. While I the House for a vote today. My office ceived from a family that knows about might disagree with the actions of the has received literally thousands of let- family values. The woman writing, her voters in my State or any State consid- ters and e-mails, personal visits and name is Casey. She is from Santa Rosa, ering such an amendment to their con- phone calls from constituents urging California. She writes: ‘‘I was in a very stitution, that is their prerogative. For me to support the institution of tradi- long relationship with my partner better than 200 years, family law has tional marriage. And I want them to until her death on April 17, 2000. Al- exclusively been the domain of the know today that I have heard them. though I wanted very badly to, we States. And that is where it should re- I realize that reasonable men can dif- could not legally marry, and my part- main. Vice President CHENEY said ex- fer on whether to allow nontraditional ner refused to marry me until our mar- actly this, and I agree with him. The marriages in the United States. But I riage would be legal. Hence, we were chief crafter of the Defense of Marriage am clear on this issue because the val- never able to marry even though we Act in 1996, former Representative Bob ues I share with the people of the Sec- raised two children, who, by the way, Barr, has said as much. And I agree ond Congressional District of Georgia are both heterosexual. ‘‘Shortly after her terminal diagnosis with him. Marriage and divorce, inher- are deeply held for God, country, work, after 18 months of a valiant fight itance and adoption, child custody, and family. Moreover, these families’ against cancer, she asked me to marry these are matters which correctly be- values are those of the traditional fam- her brother. This would accomplish long with our States. It certainly does ily based in our Judeo-Christian prin- three goals: I would be afforded health not belong in the Constitution of the ciples. That is why I have cosponsored and will vote for this important con- insurance through his work. As I have United States. several debilitating chronic conditions, Many of the States considering stitutional amendment, H.J. Res. 106, it is vital that I have health coverage.’’ amendments to their own constitutions in order to protect the institution of Second, ‘‘if and when he becomes ill would permit their legislatures to marriage by defining marriage in the from his HIV or Hepatitis C, he will enact provisions for civil unions be- United States as the union between a have someone to care for him.’’ And, tween two people of the same sex. This man and a woman. third, ‘‘our youngest child would have I also voted for the Defense of Mar- amendment would prohibit that. But two parents for the rest of her child- riage Act in 1996, which prohibits fed- that is the genius of our federal sys- hood, another 3 years. tem. To allow States to find solutions eral recognition of same-sex marriages ‘‘Three weeks to the day after her to issues such as family law which and allows individual States to refuse brother and I were married, the love of work uniquely for them. to recognize such marriages. my life died in my arms at the age of Amending the Constitution is, thank- Mr. Speaker, only by having a uni- 37. If we had been allowed to marry, we fully, a difficult task. That cum- form definition of marriage established would have felt that we were full citi- bersome process has saved us from in the Constitution and interpreted by zens in our State and in our country. making ill-advised changes during the federal courts can this most basic As it was, she died a second-class cit- these past 215 years. It will save us unit of society be protected. izen. Please do not let any more Ameri- from ourselves again this day. God, country, work, family, marriage cans die as second-class citizens. Sin- Never in our history have we used the between one man and one woman, to cerely Casey McChesney.’’ amending process to limit the rights of these we must pledge our sacred honor. Mr. CONYERS. Mr. Speaker, I yield citizens. From the first amendment to Mr. CONYERS. Mr. Speaker, I yield 3 for the purpose of making a unanimous the fourteenth, the framers and the minutes to the gentlewoman from Cali- consent request to the gentleman from Congresses which followed have sought fornia (Ms. WOOLSEY), who has worked California (Mr. BERMAN). to expand and protect the rights of with us on civil rights, human rights (Mr. BERMAN asked and was given citizens. This would be a unique and international issues throughout permission to revise and extend his re- amendment in that it takes away her career. marks.) rights from one group while specifi- Ms. WOOLSEY. Mr. Speaker, here we Mr. BERMAN. Mr. Speaker, I rise in cally conferring it upon another. Try go again. With all the important legis- opposition to the so-called Marriage to find another provision in the Con- lation we should be working on with Protection Amendment. stitution that does this. They will look just 1 week left in our session, we are During the Civil Rights movement there was in vain. writing discrimination into the Con- great public turmoil over whether or not white Mr. Speaker, this Congress and those stitution for the first time in our coun- and black children should go to the same before it should be about protecting try’s history. schools; whether people of different races rights and expanding rights. This pro- Whether one supports or opposes gay should eat in the same areas of restaurants, posed amendment to our Constitution marriages, there is no reason to threat- drink from the same water fountains, sleep in is about discrimination. It is unneces- en the democratic values set forth in the same hotels; even whether consenting sary. It is unwarranted. It should be our Constitution. Not now, not ever. adults of different races should be allowed to soundly defeated. Of course, Republicans are getting a marry each other. After years of struggle and Mr. DELAY. Mr. Speaker, I yield my- lot of political mileage out of this de- public discourse, the minority went to our self such time as I may consume. bate today from their right-wing fun- country’s highest court and to its elected rep- Mr. Speaker, we have been here be- damental supporters. And they get a resentatives in Congress, and at long last, in fore. Abortion was up to the States, lot of mileage out of being on the side their quest for equality, our government real- and it was supposed to be up to the of what we they call ‘‘family values.’’ ized that Black Americans are Americans. States. Unfortunately, those who want- They have offered programs like their Today, only 40 years later, these questions ed more abortions in the States and Marriage Initiative, where $1.5 billion seem preposterous. To children learning about

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 9920 E:\CR\FM\K30SE7.082 H30PT1 H7910 CONGRESSIONAL RECORD — HOUSE September 30, 2004 that time in school, it seem unreal. Listening to So I want to say this about families: so well for so long. They want to pro- the debate today, I have to wonder if we will There is only one institution that is as tect marriage as we know it. ever learn from the lessons of our history. old as humanity itself. There is only Eleven States have proposed to alter Today we’re talking about an amendment to one institution that we know is right their constitutions or statutes to pro- the Constitution—the document that assures for raising children. There is only one tect traditional marriage through bal- all Americans that they are equal. We’re institution that we know is best to lot initiatives. Five States have al- asked to amend the Constitution in a way that teach our children our values of faith, ready done so, with an average of over will say all Americans are equal, except for our moral values; only one proven in- 70 percent of the voters wanting to pro- this one group. What we’re really talking about stitution to transfer our work ethic to tect marriage. today is one question. Are Gay and Lesbian the next generation. There is only one To prevent judges from overruling Americans, Americans? institution that transfers all that we these popular initiatives, we must pass I hear those who support this amendment are as a people to our children and the Marriage Protection Amendment. saying we have to amend the Constitution to grandchildren and only one relation- Either we act in Congress or a few protect us from activist judges who are not up- ship between people that ensures the judges will redefine marriage and im- holding the notions of family that existed when survival of the human race. pose their personal views on the coun- the country was founded. If the authors of this All of human history, all that we try. amendment had served in Congress during were, all that we are and all that we The constitutional amendment proc- the Civil Rights movement, we could have are ever going to be is built upon one ess is an integral part of our demo- heard them argue to defend segregation with institution, the cornerstone of civiliza- cratic system, requiring approval from an ‘‘Education Protection Amendment’’ after tion. And that institution, Mr. Speak- two-thirds of each House of Congress the Supreme Court’s activist decision in the er, is marriage. and three-quarters of the States by Brown v. Board decision. After the Loving v. Mr. Speaker, we owe too much to our votes of their State legislatures. Pass- Virginia decision they would have reacted to Creator, too much to posterity and too ing a constitutional amendment places the judicial activism with a ‘‘Racial Purity Pro- much to our children to throw away this debate back where it belongs, and tection Amendment.’’ marriage, redefine marriage for no that is with the American people. It is I don’t believe that the proponents of this more reason than to demonstrate toler- the American people and their rep- amendment, or for that matter the majority of ance. resentatives who should determine how the American people, truly believe that a gay The active effort on the part of four marriage is defined. That is why we couple living down the street in a committed unelected Massachusetts judges to im- should support the Marriage Protec- relationship is a threat to their own marriages pose same-sex marriage on all of Amer- tion Amendment. or to other marriages in their community. I ica without the consent of the people is Finally, Mr. Speaker, I want to say, don’t think they really believe it because such judicial tyranny. And if we believe in we have heard two arguments time and a belief would be completely nonsensical. ourselves, and we do, and if we believe time again today by the opposition The proponents of this amendment argue the Constitution is a sacred covenant that they have used to cite to oppose that two women who fall in love and want to that provides the best hope for all of the Marriage Protection Amendment. marry will eventually be the downfall of all humanity, then we have no other alter- The first is some variation of ‘‘all peo- families in the United States. They say it will native but to amend the Constitution ple are created equal,’’ that somehow lead to the breakdown of the family. I want the to protect our posterity from those this is about equal rights. But, Mr. people in favor of this amendment to look at who would forever alter or abolish our Speaker, just because all people are the more than one million children of gay and way of life and to do so without created equal does not mean that all lesbian parents in this country today one mil- thought given to the price that would kinds of marriages are equal, just like lion children of gay and lesbian parents in this be paid by all future generations. country today and tell them that you’re here it does not mean that all kinds of flags We cannot put the Genie or the Gina are equal or all kinds of governments fighting to protect the rest of the country from or the Jimmy or the Joey back in the their family. are equal. bottle. If same-sex marriage were The Members who support this amendment The second argument we have heard something that was an experiment claim they want to protect marriage. Open today over and over again is that some- your eyes and look around. There are plenty that, if it did not pan out, we could how this is a political issue being used of threats to marriages today—adultery, di- simply change it back, I would not be to win elections. I do not mind that ar- vorce, just the challenge of two adults making so emphatic here today. Mr. Speaker, gument, Mr. Speaker, because that it through life’s struggle together. Two people we will not get a ‘‘do-over’’ on mar- concedes that a majority of the Amer- falling in love is not a threat to marriage—it’s riage. We will not get a second chance ican people agree with us that we want the basis of marriage. to get it right again; not in this coun- to protect marriage as we know it. try, not in this civilization and not in If the other side were sincere about wanting b 1530 to protect marriage, we’d have an amendment this generation of man. Mr. DELAY. Mr. Speaker, I yield 3 on the floor today constitutionally banning di- I support the constitutional amend- vorce. If they really wanted to protect children ment. minutes to the gentleman from Mis- from the dangers of being raised without a fa- Mr. DELAY. Mr. Speaker, I yield 2 souri (Mr. AKIN). ther and mother, we’d be banning single par- minutes to the gentleman from Texas Mr. AKIN. Mr. Speaker, I am pleased enthood. But we aren’t. (Mr. SMITH), a member of the Com- to rise today in support of the Mar- Each Member of this Congress took a vow mittee on the Judiciary and sub- riage Protection Amendment. to defend the Constitution when we took of- committee chairman. There have been references to the fice. The Marriage Protection Act would defile Mr. SMITH of Texas. Mr. Speaker, I Constitution. Mine starts out ‘‘we the our Constitution, and we should uphold our thank the gentleman from Texas, ma- people,’’ not ‘‘we the judges.’’ We did duty today by opposing it. jority leader, for yielding me this time. not ask for this debate. It has been Mr. DELAY. Mr. Speaker, I yield 2 Mr. Speaker, however we feel about brought on us by activist judges who minutes to the gentleman from Iowa the subject of marriage, we can still have chosen to ignore the will of the (Mr. KING), a member of the Committee support the Marriage Protection people and instead redefine marriage on the Judiciary. Amendment. That is because judicial for all Americans. Mr. KING of Iowa. Mr. Speaker, I activism in America has reached a cri- Sociologists, psychologists, and other thank the majority leader for yielding sis. experts can give us all sorts of tech- me this time. Judges routinely overrule the will of nical explanations, but we all know A lot has been said about this Con- the people, invent so-called rights and from experience that kids are best off stitution. I will just take my col- ignore traditional values. Recently, when they have a mom and a dad. leagues to article I, section 1. It says judges have even changed the defini- And kids is what this debate is all ‘‘All legislative powers herein granted tion of marriage. Most Americans sim- about. It is not about civil rights or shall be vested in a Congress.’’ That is ply do not want judges to dictate a new the rights of same-sex couples. Same- what the courts have taken over from kind of marriage that is so different sex couples are free to live as they us, legislative powers. from the one that has served so many choose. This amendment does not

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.045 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7911 change that. Instead, this amendment nizing a simple, important, and funda- education, jobs. All of them need to be simply defines what marriage is, the mental truth, and that is just that the addressed, and no one would argue with union of one man and one woman. marriage of one man and one woman is that. Now, some have used the word ‘‘dis- a unique, special and, in fact, an indis- But how could anyone say that pro- crimination’’ or ‘‘discriminating.’’ You pensable relationship that deserves the tecting marriage and the future of the know, 342 Members of this House, along special recognition we have given it for American family is not a top priority? with the President, signed the Defense millennia. Marriage and the family is the very of Marriage Act. Does that mean they We have got many kinds of impor- foundation of our society. It is the ac- were discriminating? How about the 70 tant relationships in life. We all know tivist judges in Massachusetts and Or- percent of the voters in of my State of those. Siblings, friends, cousins, in- egon that have compelled the Congress Missouri or 80 percent in the State of laws, neighbors, there are lots of im- to act, not the other way around. Louisiana? Are they discriminating? I portant relationships. But only one re- Mr. Speaker, I urge my colleagues to think not. lationship, the marriage of one man support this legislation this afternoon Activist judges are trying to institu- and one woman, can provide the opti- as we support the marriage between a tionalize a lie that marriage is just mal environment for raising children. man and a woman. about big people relationships, but And that is why the family with a mar- Mr. CONYERS. Mr. Speaker, I am they forget the little people, the whole ried husband and wife at the center has pleased to yield 2 minutes to the gen- generation of kids who will struggle always been the most important build- tleman from New York (Mr. ENGEL). Mr. ENGEL. Mr. Speaker, I thank with this terrible precedent. ing block of society. And that is why We do not have to look very far to the gentleman for yielding me time. we are here today, to ensure that that Mr. Speaker, why are we standing see the results of family deterioration. unique and vital and important rela- here today, wasting taxpayer dollars in Whole cities have suffered terrible pov- tionship be recognized, preserved, and an attempt to, for the first time in our erty and crime because the model of protected. history, amend our Constitution to traditional families has been weak- Let me reaffirm something that the deny a specific group equal rights? Why ened. Should we now stand idly by majority leader said earlier. The fact is do we not leave it to the States, as our while a mere handful of activist judges the definition of marriage is going to Constitution provides? seek to institutionalize the lie that be written at the Federal level. The Frankly, I fail to understand why gay marriage is disconnected from child question here today is whether that is marriage threatens my wife’s and my rearing? going to be done by nine men and 24 years of marriage, or anybody else’s It has been tried before. It has been women wearing black robes or whether marriage, or why it would undermine tried in the Netherlands, and the result it is going to be done by the American the Republic. is a tremendous increase in the number people through their elected Represent- Gay and lesbian Americans want of little children who are born without atives in Congress and the 50 States their secular government to legally any families. through a very democratic process. Put recognize their committed relation- The other night I went to a dinner, me squarely on the side of those who ships. They want their secular govern- there was a 16-year-old little girl, and believe that the American people ment to provide equal benefits in tax she said that ever since she could re- should make this decision. law, access to health care, Social Secu- member being alive she had only one We in Congress have stood by and rity, and death benefits. They want the wish: She wished that she had a family. watched the courts usurp more and same benefits as other Americans. Do you know what it is like to be more power from the American people Some of my friends on the other side lonely, to be really lonely, to have no for decades, and I think we have abro- of the aisle are being disingenuous by mom and to have no dad? Do you real- gated our responsibility to the Amer- saying they simply only want to define ize what you miss when you do not ican people by tolerating judicial ac- the institution of marriage. If that is have a family, about the love and the tivists for too long. It is finally time to their only motive, then why do they affection? When you wake up in a bed draw the line and let the American also oppose domestic partnerships and and dream at night and there is some- people affirm the definition of mar- civil unions, which would give gays and one there to give you a hug? The self- riage by passing this amendment. lesbians the same rights as other sacrifice and self-discipline and grace, Mr. DELAY. Mr. Speaker, I yield 1 Americans? forgiveness, all these things that fami- minute to the gentleman from Ala- Why are we even dealing with this lies teach us? bama (Mr. ADERHOLT). now? The Senate has defeated it. Could I remember when I was a little kid Mr. ADERHOLT. Mr. Speaker, I it be an attempt to divert attention trying to learn to ride a bicycle. I fi- thank the gentleman for yielding me from the failings of the Congress to do nally got it going and ran it smack time. its work on appropriations and trans- into a bush. I was all bruised and Mr. Speaker, I rise today in strong portation; to divert attention from the scratched and in tears; and my dad, my support of the Marriage Protection war in Iraq, from a poor economy or big strong dad, came over and he Amendment. I am proud to be counted from skyrocketing deficits; to force a picked it up and he said to me, ‘‘It is among the cosponsors of this constitu- blatantly political vote in this House; time to get back and try again.’’ See, tional amendment this afternoon. to whip up a frenzy in a specific group those are the kinds of things that In the history of our country, I do of voters one month before an election? moms and dads provide. not believe anyone has ever said that Let us stop playing political games. So this thing is about the little peo- our system of democracy would be Vote down this amendment. We should ple. It is whether kids are going to easy. Our Constitution was designed to not be dealing with something that is have a mom and a dad. The real dis- set us on a path, but it also gave us the best being left to the States. crimination here is by activist judges ability to change that path when it be- Mr. DELAY. Mr. Speaker, I yield 2 who are trying to deny children the ad- came necessary. Our Founding Fathers minutes to the gentleman from Penn- vantages of a simple family. If this wanted to ensure that we took that sylvania (Mr. PITTS). Congress does not act, then it is a gross process very seriously. They set the Mr. PITTS. Mr. Speaker, marriage is dereliction of duty if we do not protect bar very high. a universal human institution. It al- our children and protect our marriages. Today, many of us here in this body ways has been in all societies. But mar- Mr. DELAY. Mr. Speaker, I yield 2 believe that the time has come to riage in the United States has been minutes to the gentleman from Penn- change paths, and many people in our under attack in recent years. And the sylvania (Mr. TOOMEY). country agree. It is time that their future of marriage really does matter. Mr. TOOMEY. Mr. Speaker, I thank voices are heard in this debate. Regardless of where we look, we have the majority leader for yielding me Today on the floor we have heard a seen a gradual weakening of the insti- time. litany of questions about why we are tution of family that historically we Mr. Speaker, I rise in strong support considering this issue. Yes, there are have relied on to raise kids. And while of the Marriage Protection Amend- important bills that need to be consid- marriage has taken a beating from di- ment. This amendment is about recog- ered: health care, homeland security, vorce and other factors, the statistics

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.087 H30PT1 H7912 CONGRESSIONAL RECORD — HOUSE September 30, 2004 still show that the best home for kids No constitutional amendment stood the President of the United States of is still with a mom and a dad who are in the way of those changes. Laws gov- America for saying that marriage mat- married. erning families and marriage have alters enough to find space in the Su- This debate is really about what is ways been determined by State govern- preme Court of our land to defend it. best for our children. Children living ments. Dozens of States are already Mr. CONYERS. Mr. Speaker, I yield 2 with their mom and dad are safer, chil- dealing with this issue. It is federalism minutes to the gentlewoman from Col- dren living with their mom and dad are in action. Many of this constitutional orado (Ms. DEGETTE), a distinguished less likely to be abused or neglected, amendment’s supporters have preached lawyer in her own right. and children living with their mom and the virtues of federalism on other Ms. DEGETTE. Mr. Speaker, one of dad have fewer health problems and en- issues. You cannot be a federalist ex- the most glaringly absurd aspects of gage in fewer risky behaviors than cept when federalism is inconvenient. this debate is that marriage has never their peers. These children are more This is not governing on principle, it been and should not be now a Federal likely to do well in school. They are is practicing the politics of expedience issue. Marriage is quintessentially a better off economically and display in- and divisiveness right before a major State issue. States have always had the creased ability to adapt to changing election, and we should know better ability to determine what constitutes circumstances than peers not living than to play politics with the United marriage and the protections that it with their mom and dad. States Constitution. affords the will of the citizens. Data shows children who do not have Mr. DELAY. Mr. Speaker, I yield 2 Not only does this proposed amend- the benefit of mom and dad have minutes to the gentleman from Indiana unique challenges they would not face ment turn the notion of Federalism on (Mr. PENCE). its head, though. It is antithetical to if their parents were married and living (Mr. PENCE asked and was given per- at home. the spirit of our Constitution. This mission to revise and extend his re- amendment would enshrine discrimina- And do not try to tell me that people marks.) who believe children need moms and tion in our Constitution and be the Mr. PENCE. Mr. Speaker, I thank the only amendment that actually takes dads are bigots. Do not try to tell me gentleman for yielding me time. More that people who believe in moral abso- away a group’s rights. It would not to the point, I thank the majority lead- only take away the right to marriage, lutes are guilty of moral bigotry. We er, the gentleman from Texas (Mr. are here to protect our kids. We are but also the right to provide basic fun- DELAY), for his extraordinary moral here because marriage is healthy for damental rights, such as the right to courage in leading this critical issue to our children. visit a partner or child in the hospital. When marriage ceases to be seen as a the floor of this Congress and leading And to those who say it will help means to bring people together for the the debate today. children, I have this question: Why sake of children, marriage suffers; and I also congratulate the original au- should we not instead ban divorce? Ap- when marriage suffers, children pay thor of this legislation (Mrs. proximately 1 million children, the the price. MUSGRAVE), who even as a freshman product of heterosexual marriages, are Marriage is important because kids has left already an indelible imprint on living in single-parent homes in this need a mom and a dad. History shows the national debate in this legislation. country. Fifty percent of heterosexual that when one aspect of marriage is I rise today in support of the Mar- marriages will end in divorce. If a damaged, the entire institution suffers. riage Protection Act because I believe, State allowed same-sex marriage, I do We need to protect marriage by pass- as the overwhelming majority of the not think it would affect my own het- ing this amendment. American people have ever believed, erosexual marriage. We are proud of Mr. CONYERS. Mr. Speaker, I am that marriage matters; that it was or- the fact that this body represents proud to yield 2 minutes to the gentle- dained by God, established in the law; America. that it is the glue of the American fam- woman from New York (Mrs. So I would ask those who are di- ily and the safest harbor to raise chil- MALONEY), the leader of the equal vorced or those who have committed dren. rights amendment. adultery, search in your soul and ask Mrs. MALONEY. Mr. Speaker, the We have heard again and again yourself, are you really ready to stand Constitution of the United States is throughout this afternoon that mar- here today, today in this body, and cast the single greatest foundation of law in riage is under attack by judicial advo- the first stone? history. It serves as a model for democ- cates. But I rise today to say that mar- Mr. DELAY. Mr. Speaker, I yield 2 racies around the world. Therefore, we riage matters to children. And we need minutes to the gentlewoman from Vir- should approach amending it with not look to the theoretical. Marriage ginia (Mrs. JO ANN DAVIS). great caution and reverence. in Scandinavia and in Holland is dying For 215 years the U.S. Constitution since the advent of same-sex marriage Mrs. JO ANN DAVIS of Virginia. Mr. has protected the rights of the Amer- over the last decade in those countries. Speaker, I want everyone to keep in ican people; the right to assemble, the mind in the midst of this debate that a right to worship, the right to speak b 1545 primary benefit of marriage is that it freely, and we ought to pass a constitu- As a result, a majority of children in provides children with a mother and fa- tional amendment that gives equal Sweden and Norway are now born out ther from whom they can learn and be rights to women. Instead, today we are of wedlock. In some parts of Norway, protected. What we are talking about debating a constitutional amendment as many as 80 percent of first-born chil- today is whether or not we as a Nation that would curtail a right. Our prede- dren and two-thirds of subsequent chil- will work to reaffirm an institution cessors tried this once in the 20th cen- dren are now born out of wedlock. And that provides profound benefits for tury. Fourteen years later they had to we know ever since my colleague from children. unamend the Constitution by rolling Indiana, Dan Quayle, first said it, mar- It is correct that there are millions back prohibition. riage matters to children. Children of men and women in this country who Our Constitution is silent on mar- born out of wedlock have statistically bravely raise children as single par- riage, and that is good, because the been proven to be more than twice as ents, and I applaud them for that. But American people’s definition of what is likely to be poor, to give birth outside there is an ideal for our children. So- an acceptable marriage has evolved of marriage themselves, to have behav- cial science and everyday experiences over the years. A marriage once sig- ioral or psychological problems, and teach us that children raised without nified that a woman had no legal iden- fall into every form of social malady the presence of both a mother and a fa- tity apart from her husband. Within that besets our children. ther experience more poverty, more the last 100 years, over a dozen States Marriage matters to children. substance abuse, a higher rate of edu- prohibited marriages between those of I rise today to say against this ex- cational failure, and much more. Given a European and Asian decent, and the traordinary phalanx of legal attacks in the importance of marriage in the pres- Supreme Court overruled laws barring virtually every jurisdiction of the ence of a mother and father for our interracial marriage less than four dec- country that I commend the leadership children’s general welfare, this institu- ades ago. of this Congress and, to no less extent, tion must remain strong.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.089 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7913 As a wife and a mother of two sons, I’ll return, a decline in heterosexual mar- lier point—namely that Mr. Kurtz scru- I know the importance of children hav- riage and childrearing in heterosexual mar- pulously in his analysis avoids looking at ing both a mother and father. When riages preceded by a significant period of the statistics in countries which have not our boys were growing up, my presence years any recognition of same-sex marriages. recognized same-sex marriage, since vir- But even on the narrow—and inaccurate— tually all of them in Western Europe are af- was important and irreplaceable. Stud- statement of Mr. Kurtz’s position that Ms. fected by these other factors. And it does ap- ies have shown that young men raised Hart put forward, the alternative expla- pear that to Mr. Kurtz, even if we abolish by both a mother and father have more nation to the assertion that same-sex mar- same-sex relationship recognition, we would positive attitudes toward women, chil- riage causes a deterioration in heterosexual have to ban or severely restrict contracep- dren, and family life. This is exceed- marriage is a simple one: They may both be tion, abortion, women in the workforce, cul- ingly important, as our society bene- effects of the same or similar social causes. tural individualism, secularism and the wel- Indeed, as Ms. Hart put the question to me, fare state if we were to save marriage. I rec- fits when boys grow up to be men who it can serve as a dictionary example of the take raising children seriously. My ognize that there are members of the Judici- logical fallacy known as ‘‘post hoc ergo ary Committee who are attracted by the no- husband also played an equally impor- propterhoc.’’ That is, the fallacy that be- tion of restricting some or all of these, and tant role in the lives of our boys, the lieves that if something happened after I commend their discretion in not being role of father, a role that I could never something else, it must necessarily have more explicit about this wish. play. been caused by it. When it comes to causality, the only effort The key point again to stress is that Mr. It is true the future of marriage as a to establish a causal relationship-between Kurtz himself does not argue that same-sex recognizing same-sex unions and the decline strong institution goes far beyond marriage recognition preceded the deteriora- in heterosexual marriage comes in his testi- whether or not the Constitution is tion in opposite-sex marriage. amended to reaffirm the definition of In fact, Mr. Kurtz himself argues essen- mony when Mr. Kurtz says that ‘‘same-sex marriage as the union of one man and tially that the primary relationship of same- partnerships in Scandinavia have furthered the cultural separation of marriage and par- one woman. This does not mean that sex marriage and a decline in heterosexual marriage is that they are both cause by the enthood in at least two ways.’’ He then says the Marriage Protection Amendment is that ‘‘first, the debate over same-sex part- unimportant. As a society, we will same set of social phenomena. A fundamental flaw in his reasoning of course is that nerships has split the Norwegian Church,’’ have no hope of strengthening the he does virtually no analysis of any of the and he argues that this weakening of the bonds of marriage without a unified, European countries in which there has not traditionals within the Norwegian Lutheran national definition of marriage that been some form of recognition of same-sex Church is a cause of an increase in same-sex promotes the ideal for our children, relationships. In other words, there is zero relationships. I have tried very hard to find that of being raised by both a mother comparative analysis in his work. Have sig- the second causal factor but a very close reading of the text produces no second. So and a father. nificant deteriorations in the incidence of heterosexual marriages happened in other we are left with one assertion of causality— As an original cosponsor of this namely that the fact that ‘‘clergy who amendment for the last 3 years, I stand European countries which have not in fact recognized same-sex relationships. The an- preach against homosexual behavior are in strong support of the Marriage Pro- swer is almost certainly yes but we will banned’’ from preaching in parts of Norway tection Amendment, and I urge its pas- never know that from reading Mr. Kurtz, means that their advocacy of heterosexual sage. who carefully avoids even posing that ques- marriage is no longer heard. This reinforces Mr. CONYERS. Mr. Speaker, I yield tion, obviously lest his hypothesis be endan- my view that whatever is or is not happening to the gentleman from Massachusetts gered. He does refer to England as a country in Scandinavia in this regard has virtually no relevance to the United States. (Mr. FRANK) for the purpose of making where there has been a significant deteriora- I am aware of no religious denomination a unanimousconsent request. tion in the number of heterosexual marriages, but fails to note that this undercuts that has banned clergy from the pulpit if (Mr. FRANK of Massachusetts asked they are against same-sex marriages. There and was given permission to revise and his argument about the relationship between this and recognizing same-sex relationships are some denominations that allow this to be extend his remarks and include extra- since England had not done that at the time performed, but there should be no analogy neous material.) of his analysis. between the United States, where the great Mr. FRANK of Massachusetts. Mr. The second point to be stressed is that Mr. majority of religious groups do not recognize Speaker, I insert into the RECORD an- Kurtz is not talking about same-sex mar- same-sex marriages, and Mr. Kurtz’s view of swers I gave to the Committee on the riage in most cases, but rather of various parts of Norway where virtually all clergy Judiciary and some further material forms of recognition of same-sex relation- who oppose same-sex marriage are banned. ships, akin to domestic partnerships or civil To be explicit, if the causality that links a which rebut the preposterous conclu- recognition of same-sex relationships to a sion of Stanley Krutz, which was unions. This is relevant because some of those who questioned me who are supporters decline in heterosexual marriage rests en- quoted here, that somehow, same-sex of a Constitutional amendment asserted that tirely on the fact that anti-same-sex rela- marriage resulted in a decline in het- they were talking only about the unique na- tionship clergy are being marginalized and erosexual marriages elsewhere. ture of marriage, and seemed to think that in some cases silenced, it has no relevance to JUDICIARY COMMITTEE, CONSTITUTION SUB- Mr. Kurtz supported them. Of course he does the United States where nothing of that sort COMMITTEE, not since he conflates marriage and other has happened or is likely to happen. Rayburn House Office Building, forms of recognition throughout his anal- This leads me to my final point—namely Washington, DC. ysis. Thus, the distinction that one Constitu- that reading Mr. Kurtz makes it even clearer Answers to the questions from Jerrold tional amendment draws between marriage than it was to me before that the most rel- Nadler: and other forms of same-sex relationships evant experience to draw on in predicting When I was asked about Stanley Kurtz’s does not appear to be at all supported by Mr. what impact recognizing same-sex relation- research by Congresswoman Hart at the Kurtz’s analysis. ships will have on American society comes hearing, I had not read any of his work. I I have read both his testimony and his ar- from Vermont. Some have argued that the now have and I can say that I believe his in- ticle in the Weekly Standard carefully and I Vermont experience is not relevant because terpretation is entirely without intellectual am unable to find any coherent argument it has only been in effect for four years or so. merit. that says that recognizing same-sex relation- But Mr. Kurtz himself has an important sec- As I recall Ms. Hart’s question, she asked ships reinforced—he does not claim that they tion in his testimony on the Netherlands, me to accept Mr. Kurtz’s factual assertion are the primary cause—a decline in hetero- where ‘‘formal same-sex marriage . . . took that a recognition of same-sex marriage had sexual marriage. His exact statement is effect in 2001,’’ and ‘‘marriage-like registered been followed in various European countries ‘‘there is good reason to believe that same- partnerships’’ dates from 1998. In other by a decline in heterosexual marriage, and sex marriage and marriage-like same-sex words, the Vermont experience is roughly asked if I could think of any possible expla- registered partnerships are both an effect comparable in time to that of the Nether- nation other than that the former had and a reinforcing cause of the Scandinavian lands, and if Mr. Kurtz is right in judging an caused the latter. trend towards unmarried parenthood.’’ The impact based on the Netherlands, Vermont I was reluctant to answer the question be- primary cause of the ‘‘marital decline in should be equally relevant from the chrono- fore reading the data lest I be validating Scandinavia’’ according to Mr. Kurtz, inci- logical standpoint—and, as a part of the premises and assumptions which I would dentally, are ‘‘contraception, abortion, United States, far more relevant culturally. later find to be invalid. This turns out to be women in the workforce, cultural individ- We have one set of experiences with legal the case. In fact, Mr. Kurtz does not himself ualism, secularism and the welfare state.’’ recognition of same-sex relationships in the argue that same-sex marriage recognition That is, all of these have by Mr. Kurtz’s own United States—that of Vermont. It shows preceded a decline in heterosexual marriage. analysis more of a responsibility for the de- none of the negative effects that opponents In every country he discusses, and his selec- cline of heterosexual marriage and same-sex- of same-sex marriage have predicted. Mr. tion is surprisingly sparse, a point to which marriage. This of course reinforces my ear- Kurtz advances a correlation in the contin-

VerDate Aug 04 2004 04:36 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.090 H30PT1 H7914 CONGRESSIONAL RECORD — HOUSE September 30, 2004 ued decline of marriage in various European 4. If the U.S. allows gay couples to marry, dren are headed by married parents. And 75% countries—where that decline long predated heterosexual people in the U.S. will adopt of Dutch families with children include mar- any recognition of same-sex relationships— European-style family dynamics. ried couples. By comparison, 72% of families and the recognition of same-sex relation- In fact, none of these claims fits the actual with children are headed by married couples ships. But he carefully confines his analysis evidence of the Scandinavian and Dutch ex- in the United States. only to those countries where same-sex rela- perience and the U.S. context. A closer look How can this fact coexist with high non- tionships have been recognized, so we have at the data reveals a very different picture: marital birth rates and cohabitation rates? no way of telling whether or not the decline Divorce rates have not risen since the pas- The main reason is that in Scandinavia and in marriage that he attributes to same-sex sage of partnership laws, and marriage rates relationships has been equally great in coun- have remained stable or actually increased. the Netherlands most cohabiting couples tries where there is no such recognition. And The majority of parents are married. The marry after they start having children. In the only specific causal point he advances is average Scandinavian child spends more Sweden, for instance, 70% of cohabiters that this silencing or intimidation of Nor- than 80% of his or her youth living with both marry after the birth of the first child, most wegian Lutheran clergy who oppose same-sex parents—more time than the average Amer- of them within five years. In the Nether- marriage has diminished their ability to ican child. lands, while 30% of children are born outside preach in favor of heterosexual marriage. I Non-marital birth rates have not risen of marriage, only 21% of children under one am very certain in my view that the experi- faster in Scandinavia or the Netherlands live with unmarried parents, and by age five, ence in Vermont is far more relevant to since the passage of partnership laws. Al- only 11% live with unmarried parents. As a gauging the impact of a recognition of same- though there has been a long-term trend to- result, high rates of married couple par- sex relationships in the United States than ward the separation of sex, reproduction, and enting and rising marriage rates in Scan- is the experience in a couple of Norwegian marriage in the industrialized west, this dinavia are not incompatible with high non- counties where the clergy opposed to same- trend is unrelated to the legal recognition of marital birth rates. sex relationships have been silenced. same-sex couples. Non-marital birth rates THE IMPACT ON CHILDREN BARNEY FRANK. changed just as much in countries without partnership laws as in countries that legally Kurtz claims that the rise in nonmarital WILL PROVIDING MARRIAGE RIGHTS TO SAME- recognize same-sex couples’ partnerships. births will hurt children since unmarried SEX COUPLES UNDERMINE HETEROSEXUAL MARRIED PARENTS ARE STILL THE MAJORITY IN couples are more likely to break-up than MARRIAGE? SCANDINAVIA married couples. And it is true that unmar- Since the November 2003 court ruling al- Marriage and child-bearing have become ried cohabiters’ unions are more likely to lowing same-sex couples to marry in Massa- less directly connected over time in many dissolve in Scandinavia than are marriages, chusetts, a new debate on expanding the European countries, including Scandinavia. even when children are present. But when co- right to marry has exploded across the But as we shall see, this separation hardly habiting parents marry in Scandinavian United States. While the debate involves qualifies as the death of marriage, and it countries, as most eventually do, they are many issues, one particularly controversial cannot be blamed on the passage of same-sex not more likely to divorce than are couples question is whether heterosexual people partner laws. who were married when they had their chil- would change their marriage behavior if In fact, Denmark’s longterm decline in dren. marriage rates turned around in the early same-sex couples were given the same mar- As a result, children in Scandinavian coun- 1980’s, and the upward trend has continued ital rights and obligations. tries still spend most of their lives with their As a way to understand what might hap- since the 1989 passage of the registered part- parents living together. In fact, they spend pen, some writers have looked to the experi- ner law. Now the Danish heterosexual mar- more time than kids in the U.S. do! Gunnar ence of those Scandinavian countries that riage rates are now the highest they have Andersson has calculated how much time the have pioneered giving a marriage-like status been since the early 1970’s. The most recent to gay and lesbian couples. Denmark adopted marriage rates in Sweden, Norway, and Ice- average child spent living with both parents such a ‘‘registered partnership’’ law in 1989, land are also higher today than they were in in the same household in the 1980’s, the most Norway in 1993, Sweden in 1994, and Iceland the years before the partnership laws were recent period that allows comparisons across in 1996. Same-sex couples who register as passed. The slight dip in marriage rates in countries. Of the countries he examines, the partners in those countries receive most of the Netherlands since 2001 is the result of a lowest average is in the United States, where the rights and responsibilities of marriage. recession-induced cutback on weddings, ac- the time spent with both parents is 67%. The Since then, three other countries (France, cording to Dutch demographers, and the ac- highest is in Italy, where it is 97%. In Swe- Germany, and Finland) have also created a tual number of marriages has gone up and den the average is 81%, in Norway it is 89%, new status for same-sex couples, and two down in the last few years, even before the and in Finland it is 88%. In other words, (the Netherlands and Belgium) opened mar- legalization of same-sex marriage. combining the time that parents are cohab- riage to same-sex couples. No research suggests that recognizing iting and married demonstrates that chil- What can we learn from the experience of same-sex couples’ relationships caused the dren are spending the vast majority of their these countries about how giving gay couples increase in marriage rates. But heterosexual young lives with their parents in the Scan- the right to marry affects heterosexual mar- couples in those countries were clearly not dinavian countries. riage patterns? On the one hand, the fact deterred from marrying by the legalization DID GAY MARRIAGE WIDEN THE SPLIT BETWEEN that Danish marriage rates increased slight- of same-sex couples’ rights. PARENTHOOD AND MARRIAGE? ly after the passage of partner recognition Divorce rates also show no evidence of laws has led some observers to conclude that harm to heterosexual marriage from partner- No one would argue that marriage plays gay couples are saving the institution of ship laws. Scandinavian divorce rates have the same role in Scandinavia and in other marriage. not changed much in Scandinavia in the last parts of Europe that it once did. And to his On the other hand, Stanley Kurtz of the two decades. Danish demographers have even credit, Kurtz himself recognizes that changes Hoover Institution claims that allowing gay found that marriages in the early 1990’s ap- in marriage in Scandinavia were in many couples to marry or have marital rights has pear to be more stable than those in the ways cause rather than effect of the legal undermined the institution of marriage in 1980’s. recognition extended to gay couples. Kurtz Scandinavia and the Netherlands. This sec- Cohabitation rates are indeed on the rise, acknowledges that high rates of cohabitation ond argument has been widely reprinted and though, as is the likelihood that an unmar- and the changing role of marriage in Scan- quoted around the country. However, the ried cohabiting couple will have children. In dinavia probably made it more likely that claim that giving marital rights to gay cou- Denmark, the number of cohabiting couples those countries would be the innovators in ples will undermine heterosexual marriage is with children rose by 25% in the 1990s. giving marriage-like rights to gay people. based on the consistent misuse and misinter- Roughly half of all births in Norway, Swe- The decline of religious practice and belief, pretation of data. den, and Denmark, and almost 2/3 in Iceland, the rise of the welfare state, advances in con- are to parents who are not married. From The argument that same-sex partnerships traception and abortion, and the improving these figures, Kurtz concludes that ‘‘married undermine heterosexual marriage rests on economic status of women—all long-term parenthood has become a minority phe- four claims: trends in Scandinavia and the Netherlands— 1. In the European countries that allow nomenon.’’ probably contributed both to the rise in co- same-sex couples to register as partners, In fact, however, the majority of families habitation and to the equalizing of rights for marriage and parenthood have become sepa- with children in Scandinavia and the Nether- gay and lesbian people. rated, and married parenthood has become a lands are still headed by married parents. In minority occurrence. 2000, for instance, 78% of Danish couples with In a recent study, I compared the cohabita- 2. The separation of marriage and parent- children were married couples. If we also in- tion rates (and other variables) in the nine hood in those countries is disastrous for chil- clude single parent families in the calcula- countries that recognize same-sex partners dren because of higher rates of break-up tion, almost two-thirds of families with chil- with other European and North American among cohabitors. dren were headed by a married couple. In countries that do not. Cohabitation rates 3. Allowing gay marriage accelerates the Norway, 77% of couples with children are were higher in the partner recognition coun- separation of parenthood and marriage. married, and 61% of all families with chil- tries before the passage of same-sex partner

VerDate Aug 04 2004 04:36 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.076 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7915 laws. Since higher cohabitation rates came registration laws did not cause the nonmar- than in Europe, and those incentives will first, it would be inappropriate to blame ital birth rate trends. still exist even if same-sex couples can partnership laws for more cohabitation. Even if we distinguish two kinds of coun- marry. Giving same-sex couples marriage or But Kurtz also makes the subtler claim tries—separating out those like the Nether- marriage-like rights has not undermined that registered partnerships ‘‘further under- lands with traditionally low nonmarital heterosexual marriage in Europe, and it is mined the institution’’ (his emphasis) and birth rates from those like Norway with tra- not likely to do so in the United States. that ‘‘gay marriage has widened the separa- ditionally high rates—we see that there is no Mr. CONYERS. Mr. Speaker, I yield 1 tion’’ between marriage and parenthood. In connection between partnership recognition other words, things were already bad but gay and the growth in nonmarital births. The minute to the gentleman from New marriage made it worse. same rapid rise in nonmarital births that Jersey (Mr. PALLONE). However, this argument does not hold up, that we see in the Netherlands in the 1990s Mr. PALLONE. Mr. Speaker, I want either, since the nonmarital birth rate began also occurred in other European countries to thank our ranking member for rising in the 1970’s, long before any legal rec- that initially had low nonmarital birth yielding me this time. ognition of same-sex couples, and it has ac- rates. Nonmarital birth rates have soared in Mr. Speaker, I oppose this constitu- tually slowed down in Scandinavia in recent in Ireland, Luxembourg, Hungary, Lith- years. From 1970 to 1980, the Danish nonmar- tional amendment because it would uania, and several other eastern European write discrimination against gays and ital birth rate tripled, rising from 11% to countries—all countries that do not allow 33%. It rose again in the following decade, same-sex couples to marry or register. lesbians into our Nation’s Constitu- but by a much smaller amount, to 46% in Only one piece of evidence supports Kurtz’s tion. This amendment not only pre- 1990, before ending its climb. Denmark’s non- argument that partnership created a new vents gays and lesbians from marrying; marital birth rate did not increase at all wedge between parenthood and marriage, it also restricts civil unions. Over the when the Danish partnership law was passed and that piece of evidence directly con- last couple of years, polls in New Jer- in 1989. In fact, it actually decreased a bit tradicts Kurtz’s ideas about the cause of sey have shown the majority of the after that date! such a separation. Contrary to what many State’s residents strongly support civil Norway’s big surge in non-marital births observers believe, Scandinavian parliaments also occurred well before the passage of its did not give same-sex couples the exact same unions. registered partnership law in 1993. In the rights as heterosexual couples. Quite delib- This amendment is nothing more 1980’s, the percentage of births to unmarried erately, the various Scandinavian par- than red meat for the conservative parents rose from 16% to 39%. In first half of liaments chose to provide legal ties for right 1 month before an election. They the 1990’s, the nonmarital birth rate rose same-sex couples through a special new legal know it is not going anywhere. The more slowly, leveling off at 50% in the mid- relationship, not by the simpler path of ex- Senate could not even get a simple ma- 1990s. tending the right to marry to same-sex cou- Kurtz argues that the main impact of part- jority to bring an amendment to the ples. And the parliaments denied same-sex floor. Here in the House, the majority ner registration laws in Norway was to dis- couples the right to adopt children (includ- courage couples from marrying after the ing their nonbiological children raised from leader, the gentleman from Texas (Mr. birth of their first child. But the data on sec- birth) or to gain access to reproductive tech- DELAY), recently admitted that he did ond, third, and later babies born to unmar- nologies. Thus Scandinavian governments not believe the amendment would pass. ried parents tell the same story as the over- 1 did create a wedge between marriage and re- Yet here we are today spending 2 ⁄2 all trend. In 1985, 10% of second and later ba- production, but they did so by design and hours debating an amendment that we bies had unmarried parents, a number that they did so only for same-sex couples. De- all know is going nowhere. tripled to 31% by 1993. From 1994 to 2003, spite some loosening of those prohibitions though, the number only rose to 41% where There was a lot of talk on the Repub- over time, registered partners who want to lican side today about the Founding it appears to be leveling off. If the partner- have children still face legal hurdles that ship law had ‘‘further’’ encouraged nonmar- heterosexual married couples do not. Fathers. Well, since our Nation’s in- ital births of first or later children, these fancy, family law has been left to the THE IMPACT OF GAY MARRIAGE IN THE U.S. rates should have increased faster after 1993, States. It was our Founding Fathers’ but in fact the increase slowed down (for sec- In the end, the Scandinavian and Dutch experience suggests that there is little reason belief that issues of intense local con- ond and later births) or stopped (for first cern should be debated and resolved at births). to worry that heterosexual people will flee The Netherlands show a slightly different marriage if gay and lesbian couples get the the local level. We should keep it that pattern, but here, too, there is no correlation same rights. This conclusion is even stronger way and defeat this amendment. between recognition of same-sex partner- when looking at the United States, where Mr. DELAY. Mr. Speaker, I yield 2 ships and rising rates of non-marital births. couples have many more tangible incentives minutes to the gentleman from Okla- Despite high rates of cohabitation, the to marry. Scholars of social welfare pro- homa (Mr. ISTOOK). Dutch have traditionally been much less grams have noted that the U.S. relies heav- Mr. ISTOOK. Mr. Speaker, I am here likely than Scandinavians to have babies be- ily on the labor market and families to provide income and support for individuals. In to speak in favor of the Marriage Pro- fore marriage, with fewer than one in ten tection Amendment, in favor of lim- births to unmarried parents until 1988. Kurtz the United States, unlike Scandinavia, mar- argues that legal recognition for same-sex riage is often the only route to survivor cov- iting marriage to the union of a man couples kicked Holland into the Scandina- erage in pensions and social security, and and a woman, in favor of the over- vian league with respect to nonmarital par- many people have access to health care only whelming opinion of the American peo- enting. It is true that the Dutch nonmarital through their spouse’s employment. Scan- ple, and against the unelected judges birth rate has been rising steadily since the dinavian states, on the other hand, are much that want to reshape our country, even 1980’s, and sometime in the early 1990’s the more financially supportive of families and if they destroy democracy in the proc- nonmarital birth rate started increasing at a individuals, regardless of their family or marital status. ess. somewhat faster rate. But that acceleration Families and children deserve the began well before the Netherlands imple- The lack of support alternatives plus the mented registered partnerships in 1998 and tangible benefits of marriage all lead to one protection of the Marriage Protection gave same-sex couples the right to marry in conclusion: if and when same-sex couples are Amendment; the best home for kids is 2001. allowed to marry, heterosexual couples will one with a mom and a dad. Single par- Another helpful perspective is to compare continue to marry in the United States. ents work valiantly to raise their chil- the trends of countries that have a partner CONCLUSION dren, but it is a struggle whenever a registration law with those that do not. I Overall, there is no evidence that giving child does not have both a mom and a recognizing gay couples contributed to the partnership rights to same-sex couples had dad at home. increase in nonmarital births, then we any impact on heterosexual marriage in Our laws should recognize and pro- should see a bigger change in countries with Scandinavian countries and the Netherlands. those laws than in countries without them. Marriage rates, divorce rates, and nonmar- mote stability in our homes. Data from Eurostat shows that in the 1990’s, ital birth rates have been changing in Scan- But when judges usurp the work of the eight countries that recognized reg- dinavia, Europe, and the United States for legislators, when they twist State and istered partners at some point in that decade the past thirty years. But those changes Federal constitutions, as they have on saw an increase in the average nonmarital have occurred in all countries, regardless of this issue, then they are attacking birth rate from 36% in 1991 to 44% in 2000, for whether or not they adopted same-sex part- more than marriage. They are attack- an eight percentage point increase. In the nership laws, and these trends were under- ing the principles of democracy and un- EU countries (plus Switzerland) that didn’t way well before the passage of laws that gave dermining our republican form of gov- recognize partners, the average rate rose same-sex couples rights. from 15% to 23%—also an eight percentage Furthermore, the legal and cultural con- ernment. They are attacking the peo- point increase. The change in rates was ex- text in the United States gives many more ple’s ability to govern ourselves. No actly the same, demonstrating that partner incentives for heterosexual couples to marry wonder it is hard to raise children to

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.079 H30PT1 H7916 CONGRESSIONAL RECORD — HOUSE September 30, 2004 respect and obey the law when our And now I am a dad today with a wife marriage between whites and blacks is judges do not. and two young girls of my own, two repulsive and averse to every senti- Those who do not respect the law young girls who are blessed to know ment of pure American spirit. It is ab- should never be appointed as judges, that they can look to their mom when horrent and repugnant to the very and judges who do not respect the law they need a mom, and they know that principles of a pure Saxon govern- should be impeached. they can look to have a dad there when ment.’’ But today, we have the opportunity they need a male influence in their Now that statement seems a bit un- to stand up, both for marriage and for lives. believable in 2004, but it was the major- the people’s right to govern them- Marriage exists for the well-being of ity opinion in 1912. selves. It is sad that a constitutional children. It is the only institution that Now, I am not suggesting that these amendment is necessary; but without gives kids a mom and a dad. Where do issues are equivalent, but I am sug- it, we will be under endless assault by grownups get the right to give their gesting that we ought to be real slow those who want to destroy traditional own desires higher priority? before we put discrimination to pre- marriage even if they destroy the rule If we redefine marriage, it will harm vent States to make their own deci- of law in the process. everyone, especially the children. It sions about employment and retire- Even if you do not respect the insti- will legally repudiate the idea that ment benefits for themselves into the tution of marriage, I hope the Members marriage has anything to do with a Constitution. Where would this coun- of this body will respect the principle family, and will legally embrace the try have been if majority sentiment of government of the people, for the idea that marriage is just an arrange- had prevailed in 1912 and discrimina- people, and by the people. This amendment for the convenience of the tion had been put permanently in the ment preserves what has always been grownups. United States Constitution? the law of this land, and it preserves Now, I am here today to support But there is a more commonsense the principle of government by elected what is best for the kids. The ideal sit- reason for rejecting this amendment. representatives, not by unelected ac- uation for a child is to grow up with a Anybody who is thinking about voting tivist judges. I urge every Member to mom and a dad in a loving, committed for this amendment, I would ask you to vote for the Marriage Protection marriage. Mothers are better able to come down to the well and look at the Amendment. provide certain lessons than fathers five words that are carved on the ros- Mr. CONYERS. Mr. Speaker, I yield 1 can, and fathers in turn can provide minute to the distinguished gentleman trum of the House of Representatives. role models in ways that moms simply from New York (Mr. ISRAEL). b 1600 cannot. Mr. ISRAEL. Mr. Speaker, as some of I think it is time that we rip away all There are five words that are carved my colleagues have said, this is about the rhetoric that we have heard and here, and of all the words that we could protecting our children. have chosen to carve on to the ros- Do my colleagues know what I want know that this debate comes down to trum, do my colleagues know what my children to be protected from? this: it is a choice of being what is in those five words are? Union, liberty, From Osama bin Laden. We still do not the best interests of our children over peace, justice, and the fifth one may know whether he is dead or alive. From the choice of what is in the best inter- surprise some of my colleagues. the anthrax mailer, whom we still have ests of a select few adults. The choice The fifth value is tolerance. Toler- not found. From the 6 million con- is clear. I urge all Members to support ance is the value that was selected to tainers that come into our country our children by supporting the Mar- every year, of which only 5 percent are riage Protection Amendment. put on here, and tolerance is as Amer- inspected. From missiles that are being Mr. CONYERS. Mr. Speaker, I yield ican as apple pie. Tolerance is carved 1 developed in Iran. From missiles that 2 ⁄2 minutes to the gentleman from into the rostrum of the U.S. House of are being developed in North Korea. I Washington (Mr. INSLEE), a very distin- Representatives and intolerance should want to protect children of parents guished supporter of civil rights and not be carved into the U.S. Constitu- who today are fighting in Iraq and Af- human rights. tion. Reject this injury to the Constitu- ghanistan, some of whom still do not (Mr. INSLEE asked and was given tion. Reject this amendment. have the protective gear that they permission to revise and extend his re- Mr. DELAY. Mr. Speaker, I yield 2 need. marks.) Mr. Speaker, I will go home tonight Mr. INSLEE. Mr. Speaker, have my minutes to the gentleman from Texas and say to my two children, thank God, colleagues ever noticed how reveren- (Mr. SAM JOHNSON). we have kept you safe from same-sex tial, how worshipful people are when (Mr. SAM JOHNSON of Texas asked marriages; but we have not kept you they go over to the archives and they and was given permission to revise and safe from other threats in the world. file in front of the Constitution? Have extend his remarks.) Mr. Speaker, some of us want to my colleagues seen what is in their Mr. SAM JOHNSON of Texas. Mr. make the world safe for democracy; eyes? Absolute worship of the U.S. Con- Speaker, I rise in strong support of the others want to make this world safe for stitution. I think there is one reason marriage protection amendment. It is hypocrisy. This resolution is not an act for that, because they understand the sad even having this debate. Amending of Congress. It is an act of hypocrisy. It Constitution does not belong just to us; the Constitution, we all agree, should is divisive and should be defeated. it belongs to the ages. They realize for only be considered in the rarest of cir- Mr. DELAY. Mr. Speaker, I yield 2 that reason they want us to be cau- cumstances. However, we are being minutes to the gentleman from New tious and conservative about locking forced to. Jersey (Mr. GARRETT). into the Constitution something for a What makes America strong is the Mr. GARRETT of New Jersey. Mr. fluid America. There are some lessons American family. What makes Amer- Speaker, I rise today in full support of in history that show that is the right ican families strong is marriage. this body’s effort to preserve the sacred attitude. This bill reinforces what marriage institution of marriage. In 1912, Jack Johnson, an African has meant since our country’s found- Children are best served when they American heavyweight boxing cham- ing. Simply stated, marriage consists are raised and influenced by a mom and pion, had the temerity to marry a of one man and one woman. a dad, and marriage must continue to white woman. That offended the vast The primary responsibility of mar- be the institution to best raise children majority of Americans at the time. riage in the family is parenting. Chil- and not simply for the desires of And as a result, a Congressman came dren need a father. They need a mother adults. down to this Chamber, and he intro- for healthy and proper development. Mr. Speaker, I am the youngest of duced a constitutional amendment to Men and women were created to com- four boys who feel we were blessed to make it illegal for States to allow an plement each other, and that is most have a mom that we could look to for African American to marry a white obvious in successful parenting. her loving and nurturing ways, and a person. And Congressman Seaborn An- Congress cannot allow unelected dad to be there, well, when boys will be derson Roddenbery stood where I am judges to redefine marriage and the boys, to know that we had a dad. standing and said in 1912: ‘‘Inter- American family, and that is why we

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.092 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7917 are here today. We have got to put the has historically been a limited one, de- life. I urge my colleagues to stand with decision about marriage back into the ferring to States and religious organi- nearly 2,000 of my constituents who hands of the American people. zations. So this is a cruel and callous have contacted my office over the past The people of Texas have spoken loud attempt to disenfranchise a group of few months and protect the institution and clear. Texas passed a law which Americans for political gain. It calls of marriage. recognizes marriage between a man for the discrimination of a group in a Mr. Speaker, I represent folks from and a woman, regardless of what the document almost exclusively devoted both sides of the aisle in the eighth dis- other States might do. Citizens of the to protecting and expanding the rights trict of North Carolina. They do not Lone Star State do not want people of Americans. see it as an issue for one political from other States telling them how to I urge my colleagues to reject this party. They want to defend our institu- live, and they definitely do not want amendment and this attempt to insert tion of marriage. some judge telling them what marriage bigotry into our Constitution. Mr. Speaker, I appreciate the time. I is. Mr. DELAY. Mr. Speaker, I yield my- urge my colleagues to stand and pro- Back home, we have a popular slo- self such time as I may consume. tect marriage today. gan, ‘‘Don’t mess with Texas.’’ Well, I I would just point out that I have Mr. CONYERS. Mr. Speaker, I am have got one for this debate, ‘‘Don’t here hundreds of letters from Hispanic pleased to yield 2 minutes to the dis- mess with marriage.’’ pastors, churches, leaders, civil rights tinguished gentleman from Massachu- Mr. CONYERS. Mr. Speaker, I yield 2 leaders; African-Americans, civil rights setts (Mr. CAPUANO). minutes to the gentlewoman from Cali- leaders, pastors, from all over the Mr. CAPUANO. Mr. Speaker, I thank fornia (Mrs. CAPPS). country. They do not say that the mar- the gentleman from Michigan (Mr. Mrs. CAPPS. Mr. Speaker, I thank riage protection amendment is dis- CONYERS) for the time. I am standing here as living proof. I my colleague for yielding me the time. crimination. In fact, they say just the Mr. Speaker, I rise in strong opposi- live in a district. I have been married opposite: It is discriminating to under- tion to this proposed constitutional for 30 years. I have two wonderful chil- mine the definition of marriage by ju- amendment. As lawmakers, our respon- dren. I now have the honor of rep- dicial fiat. sibility is to preserve the rights and resenting, I do not know how many, Mr. Speaker, I yield 2 minutes to the dignity of all Americans. That leaves married gay couples, and not once, not gentleman from North Carolina (Mr. me to oppose this constitutional once has my wife and I had a discussion HAYES). amendment that would ban gay mar- now that we have to split up because Mr. HAYES. Mr. Speaker, I thank riage. we have gay couples living near us. Not the majority leader for the time. I support the right of a State or local once have I had a single discussion by Mr. Speaker, I rise today because my jurisdiction to give gay and lesbian a single constituent who said, you constituents are fearful that appointed couples equal marriage rights under know what, I am not going to get mar- judges will destroy the institution of the law. This proposal is an unneces- ried because we can have gay marriage. marriage. I share their fear and speak sary and divisive attack on the gay and Not once have I had a single child come with them today in strong support of lesbian community. It would dictate to see me and say, oh, my God, save H.J. Res. 106, the Marriage Protection that communities deny the equal pro- me, save me from having gay couples vision of rights, benefits and respon- Amendment, and I thank my friend the next door. sibilities of partnership for gay and les- gentlewoman from Colorado (Mrs. Yet I have had people, heterosexual bian couples. MUSGRAVE) for her outstanding leader- couples, come to me and try to help This is an unparalleled attempt to ship on this critical issue. them bring children from around the force discrimination against a group of Marriage has always been and will al- world so that they can enjoy the com- Americans. It is antithetical to other ways be a covenant between one man pany and the love that they can share constitutional amendments that ex- and one woman. Marriage is a funda- with children. I know gay couples, both pand rights for women and African- mental building block of society, and it married and not married gay couples, Americans. is special. It has been from the begin- who are raising children. Some of those Mr. Speaker, the Constitution exists ning of time about procreation and the children are theirs. Some of those chil- to protect our rights, not to take them rearing of children. dren are adopted. Some of those chil- away. This amendment would be the I wish that this fight here today was dren are the children of their family first, and only, amendment to set aside not necessary, and we did not ask for members who have passed away. one group of Americans, giving them it, but because a handful of activist I am not aware of any that are some- fewer rights than other Americans. Ad- judges launched an all-out attack on how being twisted; society is coming to ditionally, it would strip them of the bedrock of Western civilization, an end. I am living proof; you will be rights currently given them by several the people of the eighth district of okay. We will survive this, and all that States. North Carolina, in a completely bipar- will happen is that a few people, a few Gay and lesbian couples deserve to tisan way, have overwhelmingly asked of all of our constituents, will have have their commitment honored with me to stand here today and defend our some joy in their life. the same rights to insurance, health Constitution and to protect marriage. I am not threatened. My wife is not care authority and visitation, adoption Mr. Speaker, I believe in the Con- threatened. My children are not threat- and other benefits granted to com- stitution. I have read it and studied it. ened. My world is not threatened, and mitted couples. We do not amend this lightly, but with it will not be. It is not threatened in I thought the days of enshrining dis- activist judges writing law from the Canada. crimination in our laws were long be- bench with their so-called interpreta- As a few points of information, these hind us. A century ago, women were tions, I can think of no better reason judicial activists, these terrible, hor- unable to file for divorce and could not nor venue for the American people to rendous people who have the audacity have owned property. What if we had be heard on whether the institution of to interpret the Constitution of Massa- enshrined that discrimination for all marriage will stand or fall. chusetts, happen to be appointed by time? Within the last 40 years, inter- Do not be fooled. Same-sex marriage Republican governors. Terrible. racial marriages were outlawed. Imag- and this debate is not about hospital As a final point of information, the ine if that had been formalized in the visitation rights, joint bank accounts people of Massachusetts will most like- Constitution. or inheritance rights. It is about mar- ly have the opportunity to vote on this This complete disregard for human riage and children. in a few years. Let them speak as well. rights is not necessary to protect reli- Marriage between one man and one Mr. DELAY. Mr. Speaker, I yield 2 gious freedom in our country either. woman is associated with a broad array minutes to the gentleman from New No church or other house of worship is of positive outcomes. Mexico (Mr. PEARCE). required to marry couples of the same Americans have spoken clearly, and Mr. PEARCE. Mr. Speaker, I thank gender. it is not about politics. It is about the gentleman for the time and rise in The role of the Federal Government their desire to protect marriage from support of the Marriage Protection in defining the institution of marriage unelected judges who are appointed for Amendment.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.094 H30PT1 H7918 CONGRESSIONAL RECORD — HOUSE September 30, 2004 There, again, needs to be the general State constitutions saying that blacks Mr. Speaker, I submit for the RECORD statement that gays and lesbians have and whites could not marry. We Dr. Dollar’s letter. a right to live as they choose, and I changed that. It is a privilege for me to voice my enthu- will work to support that right, but Today, we look back on those days, siastic support for the Federal Marriage Pro- they do not have the right to define and we laugh. There will come a time tection Amendment currently pending before marriage for all of us. when generations yet unborn will look Congress. The institution of marriage is a As far as the question of bigotry and fundamental building block of the American back on this Congress, look back on way of life, and we are here today to say that civil rights, 60 percent of African- this debate, and laugh at us. This is not it must not be allowed to be redefined or re- Americans oppose same-sex marriage. a good day in America. This is a sad constituted. The American family is under Are they bigots? I do not think so. day in the House of the people. attack—we are in the middle of a character Shelby Steele, an African-American For one who faced death, who was crisis that threatens the very foundations of scholar, said properly, ‘‘Gay marriage beaten and left bloody and unconscious our society—and our message this morning is simply not a civil rights issue. It is at the Greyhound bus station in Mont- is clear. There is only one kind of marriage, and that is between a man and a woman. Any not a struggle for freedom. It is a gomery, Alabama, in May of 1961; for struggle of already free people for com- attempt to deviate from that standard by one who had a concussion at the bridge any means—be it legislative, judicial or ex- plete social acceptance. Black leaders in Selma on March 7, 1965, dem- ecutive—is equivalent to spiritual treason. . . . have distanced themselves from onstrating, trying to end discrimina- The sacred covenant of marriage was created the gay marriage issue.’’ tion, segregation and separation, this by God Himself and is not subject to inter- We have had a little lecture on toler- is not the way. pretation by anyone. ance, and yet it is the side of the peo- Our support for this amendment should not This is unbelievable. It is unreal. I be viewed as homophobic, exclusionary or ple who are arguing against this mar- thought as a Nation and as a people we riage act who have called death threats discriminatory. The ministries represented had moved so far down the road toward here today extend the love of God to all peo- in to the original sponsor. It is those one family, one House, one America. ple, including those who exemplify lifestyles people who e-mail daily hateful com- To pass this legislation would be a step that we don’t agree with, and our doors are ments. I wonder where the question of backward. open to everyone. To attempt to categorize tolerance is at this point when some- The institution of marriage is not our collective stance in any other way is both irresponsible and inaccurate. This is one dares to differ with them. begging this Congress for protection. There is a question of, who gets not a Civil rights issue, as many would have No one is running through the halls of harmed from same-sex marriage? When you believe, and attempts to frame it as such Congress. No one is running around are an insult to the millions of Americans we approve same-sex marriage, we are this building saying protect us. who have been the victims of actual dis- going to be required to teach that it is crimination in the past. Part of what makes okay. In fact, it is going to be wrong to b 1615 America the greatest country in the world is teach against it. If we think that that Whose marriage is threatened? Whose the freedoms that our citizens enjoy to make is not going to happen, look at what marriage is in danger if two people, in whatever religious, social, professional and has happened to the Boy Scouts of the privacy of their own hearts, decide lifestyle choices they desire, within the rea- America who dared to take a stance. sonable boundaries of a civil society. How- they want to be committed to each ever, for America to redefine herself for The all-out assault on the institution other? Whose marriage is threatened? every movement that comes along would of the Boy Scouts of America has been Whose marriage is in danger if we de- weaken who we are as a nation, not to men- unending, trying to get them to change cide to recognize the dignity, the worth tion the profound negative impact such a their stance, simply saying, we want to and humanity of all human beings? change would have on our children. We speak teach our values. The Constitution is a sacred docu- as one voice for the millions of Americans in our congregations and all over the country Religious groups like Catholic Char- ment. It defines who we are as a Nation ities or Salvation Army may lose their who can all be heard making the same plea and as a people. Over the years, we today—please don’t begin a process of de-sta- non-profit status and other facilities have tried to make it more and more bilizing the United States of America by unless they endorse gay marriage. Is inclusive. We cannot turn back. We do changing the rules for all of us in order to that what we want? Do we want com- not want to go back. We want to go accommodate a few of us. For mainstream mon, decent, God-fearing people to be forward. Today it is gay marriage; to- Americans, this issue is not negotiable. declared as bigots, to be declared as We urge the members of Congress to ap- morrow it will be something else. prove this amendment and to do it swiftly. speakers of hate speech? Forget about the politics; vote your That is where this discussion is Part of the responsibility of an elected offi- conscience. Vote with your heart, vote cial is to represent the best interests of his going, Mr. Speaker. I urge my col- with your soul, vote with your gut. Do or her constituency, and we affirm today leagues to support this amendment. what is right and defeat this amend- that the Federal Marriage Protection Mr. CONYERS. Mr. Speaker, no one ment. Amendment is the right thing to do for has been closer in this Congress to Dr. Mr. DELAY. Mr. Speaker, I yield my- America. We wholeheartedly support Presi- Martin Luther King than he has, and I self such time as I may consume to say dent Bush and his stance on this vital issue. proudly yield 21⁄2 minutes to the gen- We must seize this opportunity to make a that there were people running around lasting statement to all who would alter the tleman from Georgia (Mr. LEWIS). the halls screaming ‘‘protect mar- Mr. LEWIS of Georgia. Mr. Speaker, fundamental institution on which our soci- riage.’’ In fact, there were 50 African I want to thank my colleague for yield- ety is based. I shudder to think about the American pastors trying to meet with America my grandchildren will inherit to- ing me the time. the Congressional Black Caucus, who morrow, if we don’t take decisive action to Ms. WOOLSEY. Mr. Speaker, will the protect our heritage today. We are confident gentleman yield? refused to meet with them. So I am going to bring up one letter out of hun- that the members of Congress will stand up Mr. LEWIS of Georgia. I yield to the for what is right, and not allow themselves gentlewoman from California. dreds of thousands of letters that I to be bullied by a noisy minority. Our future Ms. WOOLSEY. Mr. Speaker, I thank have from particular pastors. as a nation hangs in the balance. Thank you the gentleman from Georgia for yield- From this particular pastor, Dr. and God bless you . . . ing. Creflo A. Dollar of the World Changes Mr. Speaker, I yield 11⁄2 minutes to For those of my colleagues who are Ministries at College Park, Georgia, the gentlewoman from Wyoming (Mrs. so worried about unelected judges mak- and I will not read the letter, but I will CUBIN). ing the decision of marriage, I want to quote him, because he says that this is Mrs. CUBIN. Mr. Speaker, I stand be- remind them; it was unelected judges not a civil rights issue. This is an Afri- fore you today on behalf of the over that picked their President. can American pastor from an African 100,000 married couples in Wyoming in Mr. LEWIS of Georgia. Mr. Speaker, American church. Dr. Dollar says, defense of traditional marriage. I do over the years, this Nation has worked ‘‘This is not a civil rights issue, as not judge those who have chosen a dif- hard to take discrimination out of the many would have you believe, and at- ferent life-style than I have chosen, but Constitution, and today, we want to tempts to frame it as such are an in- marriage is an institution cherished by put it back in. sult to the millions of Americans who the American people, as shown by the I can recall just a few short years ago have been the victims of actual dis- 44 States that have enacted laws defin- that there were laws inscribed in some crimination in the past.’’ ing marriage as between a man and a

VerDate Aug 04 2004 04:26 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.096 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7919 woman. This same institution is now I would not be a Member of Congress our society will be harmed as a result. under attack in our courtrooms, an as- today if it were not for an extraor- As Dan Quayle first said on the na- sault we can defend only by passing the dinary teacher I had in high school, 40 tional stage some 14 years ago, we Marriage Protection Amendment. years ago. I learned years later he was know that marriage matters to chil- In the marriage debate, we have a gay and that he had commuted from dren. Children born outside of wedlock case of political correctness going too Connecticut to Washington, D.C., every are more than two times more likely to far and costing too much. As we all weekend in part to protect his privacy fall into every form of social malady work to be an inclusive society, we and his job. that besets our kids. simply cannot forget the time-honored When I went to college, my under- The experience in the Netherlands is family values, the bedrock of our cul- standing of gay people was impacted undeniable. Since the advent of same- ture that have made America what it is again by my wife’s best friend. One day sex marriage in the Netherlands and in today. These are the values that gave she told us she too had found the love Holland, the decline of marriage has the early homesteaders in Wyoming of her life. We were eager to meet the been from 95,000 to 82,000. As Dutch the strength to brave the vast plains boyfriend she was so madly in love academics wrote in their newspapers and the harsh winters. And these same with, but we soon learned her love was there recently: ‘‘Over the past 15 years, values help today’s families face new- not a ‘‘he’’ but a ‘‘she.’’ Once we got the number of marriages has declined found challenges in a modern society. over our surprise and our way of think- substantially. The same period also Tradition gives our children roots, a ing about relationships, we were able witnessed a spectacular rise in the base of strength from which to operate to sincerely rejoice in the joy they number of out-of-wedlock births. In when facing politically correct pres- brought each other because we knew 1989, one in 10 children were born out of sures to abandon their values, whether what a dear and good person our friend wedlock, roughly 11 percent; by 2003 it be God, their country, or, yes, even is. that number had risen to almost one in marriage. My perception of gay people evolved three children.’’ We know in our hearts what is right. further during my first campaign for That is what we are afraid of, Mr. We know logically and we know per- Congress, when I worked with a mag- Speaker. We are afraid of the decline of sonally that marriage is a union be- nificent young man named Carl Brown. marriage and the attendant harm to tween a man and a woman, and we need He became my friend, and he gave me the American family that will undeni- to protect the traditional family struc- another gay face to know. Carl has ably follow. Marriage matters. And we ture. since passed away, but I remember him come into this hallowed place today to Mr. Speaker, I ask everyone’s sup- as a person of exceptional dignity and stand by that institution knowing that port in favor of the Marriage Protec- grace. we are informed by our core values tion Amendment. My teacher, my wife’s best friend, that it matters and that it is central to Mr. CONYERS. Mr. Speaker, I yield and Carl helped me understand their our society, but also knowing the expe- 15 seconds to the gentleman from Geor- lives and I think helped make me a rience of our neighbors in Europe has gia (Mr. LEWIS). better person in the process. been that when we change the defini- Mr. LEWIS of Georgia. Mr. Speaker, The Constitution of the United tion of marriage, we begin the decline I thank the gentleman for yielding me States, which established our govern- and ultimately the abolition of mar- this time. I just want to set the record ment, grants us free speech, and gives riage as we know it. straight here. Some of these so-called all citizens the right to vote, should Mr. CONYERS. Mr. Speaker, I yield black ministers and so-called civil not be dishonored by this effort to 30 seconds to the distinguished gen- rights leaders never supported civil write into the Constitution discrimina- tleman from Massachusetts (Mr. rights. They never marched for one tion. FRANK). day. They never put their bodies on the I am sensitive to some of my col- Mr. FRANK of Massachusetts. Mr. line for the cause of civil rights. leagues’ concerns about potential bib- Speaker, the previous remarks are Coretta Scott King, the widow of lical and social implications of legal- drawn from the research of a man Martin Luther King, Jr. is opposed to izing same-sex marriage, but I oppose named Stanley Kurtz, research that is this amendment. this proposed amendment because I be- of a very low level of intellectual activ- Mr. CONYERS. Mr. Speaker, I yield lieve the Constitution is not the proper ity. It would make some of the debate 21⁄2 minutes to the very courageous instrument to set or reject such policy. here today seem scintillating. gentleman from Connecticut (Mr. That debate should happen in our State In fact, I have submitted information SHAYS), a distinguished member of this legislatures. that makes it very clear that as far as body. Mr. DELAY. Mr. Speaker, I yield 2 the Netherlands are concerned, the Mr. SHAYS. Mr. Speaker, I thank the minutes to the gentleman from Indiana trends involved predate same-sex mar- gentleman for yielding me this time. (Mr. PENCE) to answer the gentleman riage. As a matter of fact, there were Today, we are debating a constitu- from Connecticut’s question about same-sex civil unions first, then same- tional amendment drafted not to pro- what is the harm, and his other ques- sex marriage. What has happened in tect my marriage or my family, I see tion being why the harm of redefining the Netherlands predates that. The no reasonable way to argue it would, marriage to include other lifestyles. main author himself states that these but rather to explicitly deny a portion (Mr. PENCE asked and was given per- are probably effects of the same cause. of our society the right to marry and mission to revise and extend his re- Now, let us look to the United the benefits that accompany that kind marks.) States. Vermont has had full civil of partnership. Mr. PENCE. Mr. Speaker, I thank the unions, which most of the Members I do not advocate the legalization of gentleman for yielding me this time, over there disagree with, since 2001, gay marriage, but our constitution is and I rise in the wake of, I think, a with zero, no negative effects, the same simply not the proper place to set this very important question by my friend period of time as the Netherlands has kind of social policy. I believed back in and colleague, the gentleman from had. 1996, when I voted for the Defense of Connecticut (Mr. SHAYS): What are we Mr. CONYERS. Mr. Speaker, I am Marriage Act, and I still believe today, afraid of? And the gentleman from Con- pleased to yield 1 minute to the gentle- the decision about whether to recog- necticut knows that I admire him and woman from Minnesota (Ms. MCCOL- nize gay marriage should be left to the have great affection for him and the in- LUM). States. tegrity with which he does his work, Ms. MCCOLLUM. Mr. Speaker, the I cannot help but wonder why are we but I would like to answer that. men and women targeted by this con- doing this. What are we so afraid of? My colleague, we are afraid of the de- stitutional amendment are Americans, Gay men and women pass through our cline of marriage. We are afraid that loved and respected by their parents, lives every day. They are wonderful what has happened in the last 15 years grandparents, sisters, brothers, chil- teachers and leaders and role models in the Netherlands since the advent of dren and grandchildren, neighbors, who happen to be gay. And sometimes same-sex marriage is going to happen friends, coworkers, and this Member of we do not even know they are gay. in America, and that our children and Congress. Collectively, we believe in

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.098 H30PT1 H7920 CONGRESSIONAL RECORD — HOUSE September 30, 2004 equal justice and strive to defeat dis- Mr. SHUSTER. Mr. Speaker, if the constitutional right that the Federal crimination and absolutely reject the gentleman will yield to the gentleman Government would have to not only se- State-sponsored hatred before the Con- from Indiana. cure but to protect. That is what he gress today. Mr. FRANK of Massachusetts. Well, wants to do. When he does that, here is The Constitution belongs to all you made the statement. You do not why we are opposed to that. When he Americans to protect and extend equal- know? does that, he undermines, he not just ity and justice for all. Our constitution Mr. SHUSTER. 1989. expands marriage, he alters it to the must never be soiled by this type of Mr. FRANK of Massachusetts. No, core. He totally severs it from its bigotry and hate-filled amendment. they started in 2001. whole purpose, and that is the relation- My faith teaches me to believe in a The SPEAKER pro tempore. The gen- ship between a man, a woman, and a loving God, and it is in this spirit that tleman’s time has expired. child. I proudly stand with millions of Ameri- Mr. SHUSTER. That is what the Marriage is one of the most funda- cans, and especially with my gay and facts show. mental institutions of a civil society. lesbian friends, neighbors, colleagues, The SPEAKER pro tempore. The gen- That would simply cripple it. We are constituents, and coworkers to oppose tlemen will suspend. not talking about expanding a right, this constitutional amendment. Mr. CONYERS. Mr. Speaker, I yield 5 extending rights or benefits. We are Mr. DELAY. Mr. Speaker, I yield 1 seconds to the gentleman from Massa- talking about destroying an institution minute to the gentleman from Penn- chusetts (Mr. FRANK). which has preserved and protected us. sylvania (Mr. SHUSTER). Mr. FRANK of Massachusetts. The Our decision today will define us as a Mr. SHUSTER. Mr. Speaker, I thank gentleman gets the date wrong. He said Nation. It will define us as a people. It the majority leader for yielding me since 1989. Same-sex marriage started will be a predictor of our future and this time, and I want to make a correc- in the Netherlands in 2001. where our future would be. The only re- tion for the record. When Members are giving statistics, sponsible thing for us to do today is to The gentleman from Massachusetts they ought to know what they mean. defend the institution of marriage and was talking about the predating the b 1630 send this amendment to the States for same-sex marriage. Well, in fact, when ratification. same-sex marriage was approved in the Mr. CONYERS. Mr. Speaker, I yield 1 A concerted legal and political effort, lead by Netherlands, the rate of births out of minute to the gentleman from New activist judges, is attempting to affirm homo- wedlock doubled. So that information York (Mr. CROWLEY). sexual marriage as a fundamental civil right was incorrect. Mr. CROWLEY. Mr. Speaker, when that the Federal Government has a constitu- Mr. Speaker, I rise in support of the the other body defeated this amend- tional obligation to secure and protect. Marriage Protection Amendment. It is ment early this summer, someone one In doing so, they are undermining one of the becoming increasingly common to see of the Senators on the majority, said most basic and sacred institutions that exist in activist judges legislating from the gay marriage is ‘‘the greatest threat to an orderly, stable civil society—marriage. bench on this important issue. Today, America as we know it.’’ Coming from What is happening is not a slight change in a handful of judges are poised to de- New York City, I think America saw degree that merely extends benefit or rights to stroy the traditional marriage defini- what the greatest threat to this coun- a larger class, but a substantive change in the tion, which is the cornerstone of civili- try is on September 11, 2001. But in- essence of the institution. It does not expand zation itself. stead of capturing those responsible for marriage; it alters its core meaning, for to re- The institution of a husband and that event, Osama bin Laden, Mullah define marriage so that it is not intrinsically re- wife, of mother and father, have served Omar, and the al Qaeda network, in- lated to the relationship between fathers, our society well; and it is this founda- stead of passing a homeland security mothers, and children would sever the institution that makes our families and com- bill here in the House, instead of re- tion from its nature and its purposes. munities strong. Passage of this forming our national intelligence sys- In response, the most important and respon- amendment today is overwhelmingly tem to prevent another 9/11, we are sible step Congress can take to reserve mar- supported by the citizens of this coun- here talking about an issue that the riage is to send a constitutional amendment try. Nearly three-fourths of Americans Senate has already defeated; and be- that protects the institution of marriage to the believe that marriage should be a cause they have defeated it, it will not States for ratification. union between one man and one come up again. This is purely political Mr. CONYERS. Mr. Speaker, I yield 1 woman. machinations. minute to the gentleman from Oregon Today, 44 States have enacted laws This Congress and this President are (Mr. BLUMENAUER). that define marriage as between a man pushing for a constitutional amend- Mr. BLUMENAUER. Mr. Speaker, we and a woman; and without action ment to limit the rights of particular have heard this afternoon about chil- today, the will of the American people Americans. Why are they doing that? dren and activist judges, because that will be ignored with the strike of a The answer is easy but it is still awful; is how the focus groups suggest this de- gavel by a few activist judges. because today in America, it is still bate should be framed. To ensure the will of the American okay to hate gays and lesbians in this My children have been raised around people is done today, I urge my col- country. Gays and lesbians represent people in committed same-sex mar- leagues to vote ‘‘yes’’ on this amend- the last minority group in this country riages, relationships in some cases ment. that it is still publicly acceptable to which have included children. They, Mr. CONYERS. Mr. Speaker, I yield hate. This legislation has no place in and most of us, have seen neighbors, 10 seconds to the gentleman from Mas- this body. It demeans the body, our relatives, and friends in dysfunctional sachusetts (Mr. FRANK). Constitution, and the values of this heterosexual marriages. It is not their Mr. FRANK of Massachusetts. Mr. country. sexual orientation, it is people’s behav- Speaker, I would just ask the gen- Mr. DELAY. Mr. Speaker, I yield my- ior. My children and most American tleman from Pennsylvania, before he self such time as I may consume. young people know that marriage is leaves, because he is so certain about Mr. Speaker, the gentleman obvi- not under attack, and activist judges the Netherlands, and I will yield him ously has not been watching the debate do not prevent citizens in States from my remaining time, when does he be- because no one has said anything about making their own decisions, like we lieve that same-sex marriages began in hate or the quotes the gentleman stat- will in Oregon in November. the Netherlands and what was the rate? ed in this body. This is about marriage. It is shameful to play politics with What is the date? Mr. Speaker, I yield 1 minute to the the personal lives of millions of Ameri- Would the gentleman from Pennsyl- gentleman from Alabama (Mr. BACH- cans who are not just gay, but elderly, vania answer me? When did the same- US). and for whatever reason are not mar- sex marriages start in the Netherlands? Mr. BACHUS. Mr. Speaker, the gen- ried but are in a committed relation- The SPEAKER pro tempore (Mr. tleman from Georgia said what he ship. Luckily, because my children and SIMPSON). The time of the gentleman wanted to do, he wanted to establish a the vast majority of America’s youth from Massachusetts has expired. homosexual marriage as a fundamental disagree with the world view of the

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.099 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7921 supporters of this amendment, it will tween people who love each other is Recently, I went to a friend, Mr. Sage not only fail today, but it certainly consistent with the spirit of that Con- Brown, who is a distinguished attorney does not represent the future. stitution. This amendment is not, and and civil rights leader in Savannah, Mr. DELAY. Mr. Speaker, I yield 2 that is why it should be defeated. Georgia. Indeed, he is featured at the minutes to the gentleman from Geor- Mr. DELAY. Mr. Speaker, I yield 1 Gilbert Civil Rights Museum as a man gia (Mr. BURNS). minute to the gentleman from Okla- who was on the frontlines of integra- Mr. BURNS. Mr. Speaker, I thank homa (Mr. SULLIVAN). tion and did so much for the African the gentleman for yielding me this Mr. SULLIVAN. Mr. Speaker, I rise American community. I asked him, Is time. in strong support of House Resolution this a civil rights-type issue, to which Mr. Speaker, we have an obligation 106. Today, public support for pro- he said no, the relationship of marriage to the people of America to settle this tecting marriage is strong. Forty-four is the most sacred building block of our debate over whether a handful of polit- States have enacted laws that provide society. Marriage is sacred and pro- ical activists are allowed to use the that marriage shall consist of a union tected and has nothing to do with vio- Federal courts to impose their moral between a man and a woman. These lating our civil rights. view on the unwilling majority of the States constitute more than 75 percent If we change the definition of mar- country. of States required to approve a con- riage to be more inclusive, then is it The overwhelming majority of the stitutional amendment and they in- logical to argue that we should broaden people of the 12th Congressional Dis- clude 86 percent of the U.S. population. the definition so we do not exclude trict of Georgia oppose legalized same- Today, Federal courts are being used anybody? If marriage violated the civil sex marriage. They do not want to play by activist judges to redefine marriage rights of two men or two women who semantic games about the issue. for the American people, completely wanted to be married to each other, The people in my district and State apart from public debate among those then it would also violate the civil that the American people have elected believe that legal marriage, and the rights of a polygamist, somebody else to represent them. benefits associated with the institu- who wants to have a different marriage tion, should be reserved for those More than 200 years of American law and thousands of years of human expe- than that between a man and a woman. whom the benefits were intended, the Mr. Brown raised a number of good rience should not be arbitrarily union of a man and a woman, period. points which I am going to submit for Georgia has placed a referendum for changed by a handful of unelected judges. The issue of marriage is too im- the RECORD. I wish there was more a State constitutional amendment to time to have debate on it, but I wanted that effect on this November’s ballot portant to be decided by judicial fiat. Our society relies on strong family to bring up something from his point of lot. That is how it should be. As a structure. As trends challenge the fam- view. Georgia voter, I will support the ily, we need to do all we can to Mr. Speaker, the Marriage Protection amendment with my vote, as will the strengthen it and oppose trends that Amendment would not prevent States from en- majority of my State. weaken this ideal. Redefining marriage acting civil union laws but would protect mar- The Federal amendment we consider hurts our children because it hurts the riage in all 50 States. It would state that ‘‘mar- today will allow those State decisions institution we rely on to raise our chil- riage in the United States shall consist only of to determine this issue, as they have dren. We certainly do not want judges the union of a man and a woman.’’ When I since our Nation’s founding, rather changing the definition of marriage for hear my distinguished colleagues from the than allowing a small minority to dic- us today and for our children tomor- other side say that marriage should be rede- tate their opinions on an unwilling ma- row. fined because it is discriminatory, I respectfully jority. Mr. CONYERS. Mr. Speaker, I yield disagree. Moreover, I believe that a great ma- We need to speak plainly here today. 45 seconds to the gentlewoman from jority of Americans disagree. A vote against this legislation is a vote New York (Ms. VELA´ ZQUEZ). I’ve spoken with many minority men and for legalized same-sex marriage to be Ms. VELA´ ZQUEZ. Mr. Speaker, there women in my district who have experienced forced on an unwilling America. Such a are many reasons to oppose this bill: It civil rights abuses first hand. Recently, I spoke calamity would not just be morally is a diversion from the urgent issues with Mr. Sage Brown, a distinguished African reprehensible to the majority of Amer- facing our Nation; that today’s vote is American civil rights leader from my district icans, it would provide a chilling prece- a cheap election-year tactic of the Re- who said and I quote: dent for undermining our system of publican leadership to rally its right- The relationship of marriage is a most sa- self-government. We will pay for inac- wing base; and that we should respect cred building block of our society. Marriage tion on this issue with the loss of gov- States rights on the principles of fed- is sacred and protected and has nothing to do ernment by the people on all issues. eralism, which Republicans continue to with violating our civil rights. It is not a I urge my friends on both sides of the ignore to suit their political purpose. question of whether or not a person can aisle to support the amendment to re- Mr. Speaker, each of these concerns enter into a relationship such as a civil store the protections of the Constitu- union. Our country was formed by a group of is a compelling reason to oppose this people who were persecuted for believing cer- tion and self rule. measure, but I want to make this pertain fundamental things. They looked at Mr. CONYERS. Mr. Speaker, I yield 1 fectly clear: This bill should be de- their creator in terms of the defining founda- minute to the gentleman from Virginia feated because it is wrong, it is dis- tion for our families . . . and this foundation (Mr. MORAN). criminatory, and it is unAmerican. included the marriage of a man and a Mr. MORAN of Virginia. Mr. Speak- Mr. Speaker, how can we export de- woman. The installation of marriage was er, in a few minutes this body is going mocracy across the globe when we are wholly designed for the production, repro- to vote on this amendment. There will abandoning its fundamental principles duction and propagation of the family. be women voting as well as men. There here at home? Writing discrimination Our marriage laws—defining marriage as will be the grandsons and grand- into our Constitution will do nothing the union of a man and a woman—were de- daughters of slaves; and, yes, there will to protect marriage, but it will taint signed to be a blessing to children and soci- be several gay people voting because in this sacred document and sacrifice ety. There is a certain element of our diversity, we are representative of State rights based on certain ideolog- complementarity between men and women this great society. ical beliefs, and I urge my colleagues that is biological by nature. But there is one thing we all have in to defeat this mean-spirited, misguided If marriage violated the civil rights of two common, we are here to fulfill the spir- bill. men and two women who want to be married, it of our Constitution. That is a sacred, Mr. DELAY. Mr. Speaker, I yield 1 then it also violates the civil rights of polyg- generous document whose purpose was minute to the gentleman from Georgia amists, and of single adults who want to marry to protect and to expand the individual (Mr. KINGSTON). themselves. If our distinguished colleagues rights and liberties of its citizens. It Mr. KINGSTON. Mr. Speaker, the believe it is a civil rights issue, then do they was never intended to be a mean-spir- Marriage Protection Amendment also believe it discriminates against people ited tool to punish people who happen would not prevent any State from en- who believe in polygamy. Does it also dis- not to be in the majority. To legalize acting civil union laws, but would pro- criminate against three men who want to committed, caring relationships be- tect marriage in all 50 States. marry? What about four women? What about

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 9920 E:\CR\FM\K30SE7.102 H30PT1 H7922 CONGRESSIONAL RECORD — HOUSE September 30, 2004 single people who don’t want to marry another amending the Constitution to guar- sive. This is nothing short of divisive and polit- person? Should they be excluded? antee health care to every person in ical. Instead of dividing us, our leaders should If we change the definition of marriage to be this country; what about amending the make redemption, understanding and love the more inclusive, then it is logical to argue that Constitution so that our colleagues foundation of their policies because we are all we should broaden the definition so that won’t around here could not spend this time sinners. exclude anyone. talking about a moral issue instead of I believe it’s time to start bringing people to- Marriage is an institution fits in perfect har- giving people jobs and giving them an gether to work on the real issues of faith and mony with the laws of nature; whereas sys- opportunity to protect marriage? Mar- moral commitment that confront our commu- tems of slavery and segregation were de- riages fall apart because people do not nities like poverty and homelessness instead signed to brutally oppress people and thereby have work. of changing the Constitution to deny equal violated the laws of nature. By contrast, mar- What about amending the Constitu- rights to the gay community. riage is designed to help children by keeping tion so we can guarantee all kinds of With record high unemployment, crime on their mothers and fathers together. Slavery rights to all people? Give me a break. the rise, and working families struggling to and segregation were meant to exploit and de- Mr. Speaker, I rise in strong opposition to keep their families together, it’s time to bring grade. There is a fundamental difference. H.J. Res. 106, the constitutional amendment people together to turn our communities Skin color has nothing to do with marriage. on same sex marriage. around. That’s why it’s wrong to forbid interracial mar- African-American voters are deeply divided We need to focus on real policies. riage and that’s why overturning these laws on the issue of gay marriage and increasingly Amending the Constitution is the most far- was a legitimate civil rights issue. But whether suspicious of Republican motives around the reaching step that legislators can take in gov- a couple is a man and a woman has every- issue. Currently, 46 percent favor the amend- erning the citizens of this country, and it is my thing to do with the meaning of marriage. Mar- ment, while 46 percent oppose. Gay marriage belief that the Constitution should be the in- riage encourages the men and women who to- should not be used as a wedge issue to divide strument that protects and guarantees the gether create life to unite in a bond for the any community, especially the African-Amer- rights of individuals; it should not be used to protection of children. That is not discrimina- ican community. And guess what? In a June limit the rights of individuals. The defeat of this tion. It is the building block on which society Gallup poll, issues related to the gay commu- legislation is tantamount to the preservation of is based. nity were cited by 2 percent as the most im- human rights in this country. Marriege was not created to place people in portant problem facing the U.S.—compared to Mr. Speaker, I vehemently oppose H.J. Res. bondage. It was created for having children, other issues, such as the war in Iraq which 106 and I will continue to do so until it is de- was cited by 27 percent of the public. and to propagate the human race from one feated. The current administration’s policies have generation to the next. Mr. CONYERS. Mr. Speaker, I yield devastated our communities. With unemploy- The union of a man and woman is the most the balance of my time to the gentle- ment in the African-American community dou- enduring human institution—which has been woman from California (Ms. PELOSI) to ble the national average, crime on the rise, around since the origin of mankind. It is hon- close. and working families struggling to feed and ored and encouraged in all cultures and by Ms. PELOSI. Mr. Speaker, I thank keep their families together, we can’t afford to every religious faith. the gentleman from Michigan (Mr. lose focus and be bamboozled by Republicans Ages of experience have taught humanity CONYERS) for yielding me this time, our who want to change the subject. Mr. Speaker, that the commitment of a husband and wife to distinguished ranking member on the as of September 24 the gross Federal debt is love and to serve one another promotes the $7.348 trillion. I submit to you that we cannot Committee on the Judiciary. I thank welfare of children and the stability of society. afford a whole host of things. him for his leadership in promoting Marriage cannot be severed from its cultural, The American public wants Congress to freedom in our country and protecting religious and natural roots without weakening focus on real issues facing our Nation—the our civil liberties. the good influence of society. Government, by economy, health care, protecting our home- Mr. Speaker, I have been married for recognizing and protecting marriage, serves land and education. To date, Congress has over 41 years. I want to hear some ap- the interests of all. approved only 1 of 13 appropriations bills, de- plause for that. I am glad to see my Re- Moreover, it would prevent the judicial spite the fact that a new fiscal year begins to- publican colleagues appreciate that chaos we are beginning to see with recent rul- morrow. wonderful accomplishment. I certainly ings whereas gay couples are suing in States We must focus our energy on good jobs— respect the institution of marriage. As that do not recognize same sex marriage. Re- 3 million lost in the last 3 years; better edu- the mother of five and the grand- cently, Oregon conducted over 3,000 same cation; improved healthcare since 41 million mother of five, I appreciate the value sex marriages consisting of couples who live don’t have it; sound transportation funding; of family. in over 30 States. and turning around our communities—not b 1645 Lawless local officials have ignored the law about gay marriage. and issued same-sex licenses in California, Mr. Speaker, the administration has indeed My husband and I value family in our New Jersey, New York, New Mexico, Oregon captured the Nation’s religious leaders on this community as a source of strength to and Washington. This issue is Federal, not issue because it does mirror concepts in var- our country and a source of comfort to State or local. The States’ rights issue is ious scriptures of their religious doctrines. Not- the people. What constitutes that fam- meaningless if judges are the ultimate rulers. withstanding, it is precisely for that reason that ily is an individual and personal deci- We are headed for a proliferation of court we, in this august body, must resist the temp- sion. But it is for all a place where peo- cases in all 50 States if we do not act now. tation to have the State engage in a religious ple find love and support. As for me, I So far, 44 States, or 88 percent of the battle. Separation of church and state is the agree with Vice President CHENEY States, have enacted laws providing that mar- basic principle of this Nation and it exempts us when he said, ‘‘With respect to the riage shall consist of a union between a man from this unnecessary action. Separation of question of relationships, my general and a woman. Only 75 percent of the States church and state gives ministers, rabbis, view is that freedom means freedom for are required to approve a constitutional imams, priests, reverends—you get my drift— everyone. People ought to be free to amendment. the freedom to practice their faith and choose enter into any kind of relationship Mr. CONYERS. Mr. Speaker, I yield to marry, or more importantly not marry, any they want to.’’ That would be Vice 45 seconds to the gentlewoman from two people before them. President DICK CHENEY, August 24, 2004. Ohio (Mrs. JONES). In these times of spreading war and hate, Mr. Speaker, in the closing days of Mrs. JONES of Ohio. Mr. Speaker, 21⁄2 people of faith must reject politicians who say this Congress, we should be addressing hours for a debate on amending the they are acting out of faith: But are they real- the urgent needs of the American peo- Constitution. It is so important that ly? When one wears the cloak of one’s faith ple, to be secure against the clear and we contemplate that ministers, rabbis, on your sleeve, it almost automatically calls in present danger of terrorism, to protect priests can marry anybody they choose question your motives. People who talk about our men and women in uniform whose to. They can deny marriage to the op- right, justice, compassion and religion are in lives are in the battle in Iraq, and to posite sex. But the reality is what fact using those sentiments to contradict or bring economic prosperity and health about amending the Constitution to undo the very teachings of their faith. care to the American people. Instead, guarantee quality education to every Mr. Speaker, this is not compassionate; it is we are meeting here today about tar- child in this country; what about not tolerant; it is not charitable; it is not inclu- nishing our cherished Constitution

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.064 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7923 with an amendment that purports to porting this amendment are now using marriage and people do not get mar- protect marriage but is one that bene- similarly worded State laws to chal- ried, several things happen: first of all, fits no one and actually limits the lenge recognition of domestic partner- men are let off the hook. Men can have rights of millions of Americans. ships in several States. And we know the sex but not the responsibility of Our Constitution, to which we all these organizations, which the Repub- raising the children. That has hap- take an oath of office, is an enduring lican leadership is beholden to, will not pened in our society and societies in and living document that throughout stop there. Because this amendment is Europe and others. If you take away our history expanded rights, not dimin- not limited to governmental action and the responsibility, why should a man ished them, to live up to the ideals of would apply to all private contracts, get married? But if he has a commit- our Founding Fathers, that all are cre- existing rights enjoyed by same-sex ment with the woman, the mother of ated equal and endowed by their Cre- couples, such as hospital visitation, in- his child, then he realizes the responsi- ator with inalienable rights to life, lib- heritance rights and health care bene- bility of trying to raise that child. He erty and the pursuit of happiness. As fits would be at risk if this amendment also provides something more than that great defender of the Constitu- were to pass. This amendment is dan- Mary and Jane can provide. Mary and tion, the late Congresswoman Barbara gerous, and it does not belong in our Jane can be great mothers and there Jordan whose legacy graces this House, Constitution. are many of them that are great moth- noted, ‘‘We promised liberty, freedom Throughout our careers, many of us ers. Peter and Paul can be great fa- and equality to everyone. No one was in Congress on both sides of the aisle thers. But Peter and Paul cannot be a to be excluded from the blessings of have fought against discrimination in mother. And Mary and Jane cannot be liberty.’’ every form and sought to bring people a father. The reason that one man and As a result, this Nation abolished together. I will vote again against this one woman is necessary to rear chil- slavery, established equal protection amendment because again it is counter dren is so that they can receive the under the law, extended the right to to the noble ideals of our Nation and of benefits that a man can give them and vote to women and ended the poll tax. the principle of ending discrimination that a woman can give them. They can Today, we consider an amendment that and unifying our country. Whatever see the commitment between a man runs counter to that inclusiveness that one’s view of same-sex marriage, and I and a woman, the trust that is com- underlies our history: one Nation under know that that is a difficult issue for mitted between the two, the love. But God, indivisible; and e pluribus unum, some, I understand that, amending the more important than that, it is how from many, one; and in the words of Constitution is not the place to address that man and that woman transfer the Constitution, to form a more per- this issue. Let us not defile our Con- their values to their children. fect Union. stitution with an amendment designed It is also how each family can trans- This amendment has been brought to demean a group of American citi- fer its values by families coming to- with the full knowledge that it failed zens. Let us not use our Constitution gether as communities and transfer- in the other body with no prospects of as a political tool to divide us. We are ring those values to those commu- success, either now or in the foresee- a better country than that and that is nities. So when you ask the question, able future, in this body. This is a par- why this amendment will fail today. what harm is it, the harm is if nobody tisan exercise to distract the American The American people will see gets married and they are having chil- people from the Republicans’ record of through the motivations behind this dren out of wedlock, which has already failure. And it is unworthy of a party amendment. It is to distract the Amer- been said, children born out of wedlock that claims to be associated with ican people from the record of failure are more likely to have all the mala- President Lincoln, one of the greatest of this Republican Congress, a record dies of societal ills, whether it be Presidents of the United States. that has been, according to editorials quicker on drugs, dropouts. We know. The consideration of this amendment today, marked by ‘‘shambling to the Every social ill can come down on does not call upon the better angels of end of one of the lightest workloads in these children. If that happens, then we our nature that President Lincoln decades without a hint of embarrass- are not transferring our values to com- spoke of in his first inaugural address. ment’’ and ‘‘failing at the most de- munities and from communities to It calls upon the worst impulses of pol- manding obligations of government.’’ States. Our values as a Nation start itics by attempting to enshrine dis- Mr. Speaker, let us strive to unite with one man, one woman having chil- crimination into the Constitution and people, to seek the best in ourselves, dren. That is what is at stake here. to single out a group of American citi- and to attend to the grave and great That is what is harmful. zens. And it is unworthy of a party issues now before us. Let us honor our You say, well, I am married. I am that claims to be associated with Constitution, let us honor our children, married for 37 years. I am very proud President Lincoln once again who said let us honor all God’s children. Let us to be married. I have a daughter and a in his second inaugural address, which follow our better angels and reject this grandson. The point is that these I consider to be Lincoln’s greatest amendment. breakups of marriage, and it is showing speech, ‘‘With malice toward none, Mr. DELAY. Mr. Speaker, I yield my- in the Netherlands and in Scandinavia, with charity for all, with firmness in self the balance of my time. it is showing right here with all the the right as God gives us to see the Mr. Speaker, I know some wanted to pressures against marriage over the right, let us strive to finish the work pick a fight here today, trying to get last 40 or 50 years, whether it be wel- we are in, to bind up the Nation’s us to talk about same-sex marriage, fare or divorce. Divorce is a pressure wounds.’’ about homosexuality and all those against marriage. And when we take This amendment is malicious and is kinds of things. We did not talk about the responsibility for a marriage and not charitable toward anyone. It is mo- them because that is not what this is do no-fault divorces, you are under- tivated by animus towards lesbians and about. What this is about is the family mining marriage and making it easy to gays. It is a sad moment that those and the definition of family, so I will undermine marriage. clinging to power want to use to divide define it for you: a family is a man and All the results of that we have seen. the American people for what they per- a woman that can create children. The welfare system was a great experi- ceive to be an electoral advantage. I Peter and Paul cannot create children. ment. What we saw was fathers not will vote against this amendment be- Mary and Jane cannot create children. marrying the mothers of their chil- cause it is counter to the noble ideals It is about regenerating and re-ener- dren, just having many children by of our Nation. gizing our population by being able to many mothers and not responsible for On substance, the amendment is far create children. raising these children, leaving these reaching to deny all matters of rights, But more than that, it is about re- children to mothers and grandmothers even beyond marriage. The proponents sponsibility. A family is a man and a and aunts to raise. And then we see the have disingenuously claimed that this woman that can create children and deterioration of their lives because amendment would not preclude civil rear them. It is how we create commu- they are raising themselves because unions or domestic partnerships. At nities. It is how we transfer our values their mothers and aunts and grand- the same time, organizations sup- to our children, because if you destroy mothers have to work in order to raise

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.106 H30PT1 H7924 CONGRESSIONAL RECORD — HOUSE September 30, 2004 them to pay for the family, so they are In more than 200 years of American history, tion that same-sex marriages should remain a raising themselves, no values, nothing. the U.S. Constitution has been amended only State issue and the Federal Government Gangs form because of that. Gangs be- 17 times since the Bill of Rights—and in each should recognize those State laws. come the substitute for families. Ev- instance, it was to extend the rights and lib- Vote ‘‘no’’ on this bill. It is a disgrace erybody knows that. If you get busted erties of the American people, not restrict against the United States Constitution. by a gang or mugged by a gang, that is them. Mr. WEXLER. Mr. Speaker, this amendment the result of undermining marriage. The Federal Marriage Amendment could would not only ban same-sex marriages but That is the problem. It is nothing deny gay and lesbian couples and their chil- also civil unions, and I cannot support such a about same-sex marriage, or single dren basic rights, protections, and benefits like divisive and extreme measure. A majority of moms or any other kind of marriage. hospital visitations and inheritance. It could Americans rightfully recognize that same-sex Those are wonderful. There are wonder- also overturn civil unions and domestic part- couples who are committed to a lifelong rela- ful families being raised by gay people. nership rights already enacted by some state tionship should enjoy all of the civil benefits There are wonderful families by single and local governments. This amendment runs that come with marriage. Being able to make moms. But they are not the ideal. The counter to my strong belief that all people medical decisions for an incapacitated partner, ideal is established in our Constitution should be entitled to equal protection under inherit property without large tax penalties and and in our society. We want the ideal. the law, regardless of ethnicity, gender, reli- receive Social Security survivor benefits are So when the Massachusetts Supreme gion, or sexual orientation. examples of the civil aspect of marriage that Court redefines marriage based upon I urge my colleagues to let this debate un- are denied to same sex couples but are wholly not law, based on thin air, because we fold where it should: in our homes, in our syn- unrelated to religious concerns. have these activist judges coming in to agogues and churches, in our courts, and in Not only does this amendment completely impose their definition of marriage on our hearts. I urge my colleagues to vote disregard these basic liberties but it actually our society, we get a little concerned, against this amendment. erodes the religious freedom upon which our because we have seen it before. Mr. MARKEY. Mr. Speaker, oil prices are great nation was founded. I am not alone in We did not stand up before and there approaching $50 a barrel, more than 1,000 this grave concern. A coalition of 25 national have been 45 million children killed, young American men and women dead in religious groups—from the American Jewish unborn children killed, because we did Iraq, 6,000 wounded. Committee to the Alliance of Baptists, from the not stand up to activist judges respond- What are we debating here on the floor of Episcopal Church to the Conference of Amer- ing to a strategy of using the courts to Congress? We are talking up a bill to inject ican Rabbis—all believe that this amendment legislate. Every leader of the groups discrimination into the Constitution of the does more to erode religious freedom than that are opposing this legislation has United States of America. Apparently, the Re- preserve it. announced to the world that they are publican Congress believes that the fact that An amendment restricting marriage to cer- going to take this to the U.S. Supreme some States want to recognize the loving rela- tain couples would be the first time in history Court. They are already doing it. There tionships of gay and lesbian couples is such a that rights were denied solely to one group of are 11 court cases right now. Nebraska threat to our country that they are prepared to Americans. Mandating discrimination in the has been overturned, Washington take the extreme measure of amending the Constitution would set a terrible precedent. State, Massachusetts. There is a huge, Constitution. Everyone in America should be concerned huge effort in every State in this Conservative activist Paul Weyrich shed about who will be next. Union, even though 44 States in this some light on the current thinking in Repub- Mr. MCDERMOTT. Mr. Speaker, today Union have protected the definition of lican circles which explains why this bill is shame looms over this body. Today you place legislation before us to amend the Constitution marriage. really on the floor today. Here is what Mr. to ensure that same sex marriages can never They are after those State constitu- Weyrich had to say: tions; and when they get at those, or occur in any State in this country. The President has bet the farm on Iraq. This legislation is all about politics. You using the full faith and credit clause, Right or wrong, he has done it. Even if you they can go to the Federal courts and disagree with the decision, you have to ad- know that you do not have the votes to pass then it begins. Then DOMA comes mire the President for putting it on the line this proposal. You have said so publicly. This down. Then the United States Supreme and staying the course despite overwhelm- proposal already failed in the Senate earlier Court, who has already signaled that ingly bad news for months now. this year. You know you do not have the time they are going to, through Lawrence v. Therefore, Iraq will be an unavoidable to spend on this proposal: the new fiscal year Texas, redefine marriage in this coun- topic of discussion in this campaign. The begins tomorrow and the Republican leader- problem is that events in Iraq are out of the ship has only managed to get 1 of 13 required try, will amend the Constitution and control of the President. redefine marriage. appropriations bills passed. But you’re going We are starting the effort today. Yes, Mr. Weyrich writes, ‘‘There is only one alter- to make time for one reason: to get material it may not pass today. I wish it would. native to this situation: Change the subject.’’ for TV commercials. It may not pass today. This is only the He dismisses the option of taking up oil prices You want TV commercials to run against beginning, I am telling you, because or the economy. Apparently, even he does not Democrats. You think that they’ll go nicely this Nation will protect marriage. think those are winners for the President. alongside the Republican National Commit- ‘‘No,’’ he concludes, ‘‘what I have in mind to tee’s mailings saying Democrats want to ban b 1700 change the subject is a winner for the Presi- the Bible and the ads that say that decorated This Nation knows, this Nation dent. The Federal Marriage Amendment.’’ The war veterans are un-American traitors if they knows, that, if you destroy marriage as gay marriage issue, he gleefully advises, ‘‘will oppose the policies of the present occupant of the definition of one man and one cause Senator KERRY no end of problems.’’ the White House. woman creating children so that we So that is what it is really all about. Repub- This vote is about hurting Democrats run- can transfer our values to those chil- lican leaders in Washington are running ning for reelection. You want to hurt those of dren and they can be raised in an ideal scared. They look at the polls on Iraq, on the us opposed to amending the Constitution to home, this country will go down. economy, on jobs and they fear that the voters deny gays and lesbians the rights that the rest So, believe me, everybody in this are going to rise up in November and toss of us enjoy, but the real hurt is unleashed on country is going to know how you them out of office, and as a result they bring some of our nation’s families: the millions of voted today. And they are going to up a resolution to alter the most sacred docu- gay couples and lesbian couples, and their know how you stood on the funda- ment in the land. children. mental protection of marriage and the The Constitution was written to ensure that People on both sides of this issue have sin- definition of marriage. And we will all Americans are treated equally. This provi- cere and deep feelings that deserve to be take it from here, and we will be back. sion will undermine that principle and tarnish taken seriously. But today’s vote mocks their And we will be back. And we will be the Constitution. I believe that any State concerns: they think you are out here on the back. We will never give up. We will should have the right, if it so chooses, to grant floor to discuss who will be allowed to be a protect marriage in this country. same-sex couples or unmarried couples the family in America, when you are really out Mrs. LOWEY. Mr. Speaker, I rise in opposi- same legal rights as those conferred to het- here to work on who will be a Member of Con- tion to this amendment. erosexual couples. This is the same policy gress after the election. I am opposed to a constitutional amendment supported by Vice President DICK CHENEY Today’s vote is about Republicans toying that would discriminate against any American. who stated during the 2000 Presidential elec- with the emotions of a nation that genuinely

VerDate Aug 04 2004 04:26 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 9920 E:\CR\FM\K30SE7.107 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7925 cares about commitment, about families, and Amending this sacred document that has che that it becomes easy to think that they are about the institution of marriage. To the Re- governed us for centuries has only been done just words, that we have attained these ideals, publicans, our Nation’s emotions—our fear 17 times in our Nation’s history—and those that there is no need for action, that all the and our worries—are to be employed and ma- changes have served to protect our rights as battles for freedom and against discrimination nipulated for their reelection campaigns. Americans. have been fought and won. The House of Representatives’s rules are Now is not the time to depart from that tradi- But measures like the one we are consid- governed by the Jefferson Manual, and the tion by threatening the basic principle of equal ering today bring us back to reality and remind majority has the right under our rules to bring treatment under the law. us how far we must go to achieve acceptance this measure to the floor. But Jefferson’s And speaking of tradition, Mr. Speaker, we and fully equality under the law. Some in this greatest manual was the Declaration of Inde- have heard a lot today about the value we Nation refuse to view this amendment as a pendence, which reads in part, ‘‘We hold should place only upon ‘‘traditional’’ marriage. blight on our democracy or as a measure that I would ask those who support this amend- these truths to be self-evident, that all men are is in direct opposition to the ideals put forth by ment so strongly to talk to the countless spe- created equal, that they are endowed by their our Founders. They ignore that this amend- cial needs children of this country, who have Creator with certain unalienable rights, that ment denies a minority population certain among these are life, liberty and the pursuit of been adopted by caring and nurturing same- basic freedoms and continue to purport that happiness.’’ Exactly how that part of our Na- sex couples, what ‘‘traditional’’ means to them. our Nation’s values and the institution of mar- tion’s creed will play out as our citizens grap- Although special needs children are a spe- riage is being threatened. ple with notions of domestic partnerships, civil cial gift to this world and to any family, it is unions and same sex marriages is yet to be often same-sex couples who are most willing I certainly agree that the institution of mar- seen. It will certainly not be decided today. to welcome these children into their homes. riage and a cohesive family unit are vital to Nowhere in the Declaration does it say that If not for these couples, many of these chil- the health of our communities and the success these rights are only for white, heterosexual dren would never experience the value of a of our society. I strongly support initiatives men. loving, stable home and the unconditional sup- such as TANF, which assist families and bet- Jefferson opened the doors of liberty to all port of a family. ter our communities. Unfortunately, the of us, Mr. Speaker. It’s a disgrace that this I am willing to venture that if any one of us amendment we are debating today does noth- body is using Jefferson rules to attempt to asked any one of these special needs children ing to strengthen the bonds of matrimony, nor undo Jefferson’s and the Western World’s if they would prefer two mothers—or two fa- does it strengthen families or enhance or com- most profound achievement—acknowledge thers—or no family at all, that choice would be munities. In fact, it divides our communities, that we are all equal. simple. and sends a message of hate and contempt to Mrs. BONO. Mr. Speaker, I rise today in op- And that is because there is no exact for- a minority population and informs them that position of H.J. Res. 106, ‘‘the Marriage Pro- mula for creating a loving family. The only their government considers them to be second tection Amendment,’’ which would amend the thing you need for certain is love. class citizens. United States Constitution, regarding the issue Are we really challenging whether or not No one should be denied the opportunity to of gay marriage. As someone who has con- that love can exist in a home with two mothers choose his or her life partner. It is a basic sistently revered the United States Constitu- or two fathers? I certainly hope not. human right. It is a deeply personal decision. Mr. Speaker, we are still trying to bring tion, I am very cautious of any efforts to Throughout history, we have only moved for- peace and stability to Iraq and are losing more amend this precious document and hold a ward when society has distinguished between and more American lives in this process every high standard on what is worthy of this exten- traditional values and valueless traditions. At- day. Our economy is struggling under a $400 sive process. tacking gay couples who want to share lifelong H.J. Res. 106 defines marriage within the billion deficit. And we have a long way to go obligations and responsibilities undermines the United States as ‘‘the union of a man and a to get American workers back into meaningful spirit of love and commitment and sends the woman,’’ and I believe in this core philosophy. work and to continue improving the education wrong message to society. However, it is imperative that we preserve the of our children. integrity of the United States Constitution and It is regrettable that we have decided to In addition to the misguided policy of legis- do not dilute it with our political agendas and overlook these pressing national needs to take lating a sensitive moral issue, this amendment preferences. Although I do not support gay up an amendment that I believe threatens is a misuse of the Constitution. The Constitu- marriage, I do not feel that this issue renders healthy American families in our country tion has been amended only 27 times in its the need to amend the United States Constitu- today. more than 200 years. With the exception of tion. Neither would I support an amendment to If it is truly our hope to protect the best in- the Eighteenth Amendment, which was later the constitution that would give gay couples terests of our children, we will join together to repealed, these amendments have reaffirmed the right to be married. oppose this dangerous and unnecessary and expanded individual freedoms and the Moreover, if enacted, the Marriage Protec- amendment. specific mechanisms that allow our self-gov- tion Amendment would severely limit State Mr. VAN HOLLEN. Mr. Speaker, the ques- ernment to function. The amendment that we rights. It precludes States from granting mar- tion facing this Congress today is simple and are considering today opposes this spirit of ital status or the ‘‘legal incidents thereof’’ to straightforward. Should we amend the Con- progress and reverses our movement towards unmarried couples. The Federal Government stitution of this great Nation to restrict the extinguishing institutional discrimination that should respect the rights of individual States, rights and limit the freedoms of citizens of the has harmed minority populations throughout and should not be in the business of deciding United States. Our Constitution has been used our history. whether States may grant the benefits of mar- to protect the rights of the minority against the I hope my colleagues will consider the cost riage to unmarried couples. It is the preroga- sometimes discriminatory impulses of the ma- this amendment will have on our democracy tive of States to make their own decision on jority. We must not today write discrimination and more importantly the message it sends to whether to take on the burden of providing into the very Constitution that has stood as a those that are being judged by their govern- such benefits. bulwark against discrimination. We must not ment. I urge my colleagues to vote against For all these reasons, I oppose this constitu- enshrine injustice into a document meant to this amendment. tional amendment. serve justice. Ms. KILPATRICK. Mr. Speaker, I rise today Mrs. DAVIS of California. Mr. Speaker, I am I don’t often agree with Vice President CHE- in opposition to H.J. Res. 106, the Marriage disappointed that we are here today to debate NEY, but on this issue he is right. This issue Protection Amendment under consideration by this amendment. should be left to our State legislatures. As a strong supporter of civil rights protec- This Nation confronts many pressing chal- the House, and stand in support of the Con- tions, I am extremely concerned about the lenges—the war on terrorism, jobs and the stitution. devastating implications of this legislation. economy, and the many other issues that de- My opposition to this amendment is based I am concerned because I believe that every mand our attention. We should not be spend- on my fundamental support for the Constitu- individual deserves to be treated with respect, ing our time on a divisive, politically motivated tion, which has been amended only 17 times and our Nation’s laws should be used to pro- issue that responds to a non-existent problem. to broaden as opposed to limiting the rights of mote civil rights, not limit them. Mr. HOLT. Mr. Speaker, I rise to express Americans. When I took my oath of office, I In addition, the United States Constitution my strong opposition to H.J. Res. 106, the committed to uphold the Constitution. Today’s should be modified only in the most rare and Marriage Protection Amendment. debate and consideration of this bill is a con- necessary of circumstances, and those cir- Fredom. Equality. Inalienable rights. These certed and direct assault on the beloved Con- cumstances simply do not exist here today. notions are so enshrined in our national psy- stitution. We are in effect debating and voting

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 9920 E:\CR\FM\A30SE7.059 H30PT1 H7926 CONGRESSIONAL RECORD — HOUSE September 30, 2004 on a bill that will do absolutely nothing to pro- I have two primary concerns. The answer is nothing. Your domestic partner mote the institution of marriage. Our delibera- The first is the potential this amendment has law in California and your civil union law in tion will not ensure that our most precious re- to federalize domestic relations law, that is the Vermont are unaffected. source, children, the fruit of marriages be- law of families, parents, custody, etc., all of This Amendment may actually, by restricting tween men and women, will be protected by which are now handled in the States. the courts’ ability to grant the incidents of mar- passing this legislation. Let me say at the outset that I am not riage but remaining silent as to the legisla- Our efforts today are nothing more than a among those who believe that marriage can- tures, provide a constitutional basis for civil symbolic act that will not result in any appre- not be defined in our Constitution under prin- unions. I cannot support this result. ciable change in current law. The Republican ciples of federalism. I offered amendments to the Committee on majority knows that this House will not pass But I am deeply concerned that we may un- Rules to address both these issues. Again, my this measure with the two-thirds majority vote intentionally be doing far more than simply de- amendments were not made in order. necessary for it to be enacted. Previously, the fining marriage. I have not yet addressed the first goal of Senate defeated a similar measure. Finally, By setting forth marriage in the Constitution this amendment, that is to protect marriage. there is absolutely no change that three-quar- will we also set forth the basis upon which I suppose that to the extent that marriage is ters of the states would pass a law to support some future Federal court claims the ability to not a mere word, I will concede that the au- amending the Constitution on this subject. enter into all forms of domestic relations law thors met their goal. A federal amendment would intrude on the now reserved to the States? I say it is very But is the goal sufficient? jurisdiction of state courts to establish rules for plausible. Let me conclude. Simply protecting the term ‘‘marriage’’ is not marriage. States rights are the philosophical In fact, I thought it so plausible that I offered enough. Marriage by any name is marriage, and procedural cornerstone of the judicial an amendment in the Committee on Rules this whether we call it ‘‘civil unions,’’ ‘‘domestic framework utilized by state courts. If we pass week to address this issue. My amendment partnerships’’ or any other label that may be this amendment in the House, we will be un- would have added the following new section to conjured up. dermining the authority of state courts, and all text: Nothing in this amendment grants any Marriage is too important to be only about enabling the federal government to override semantics. the jurisdiction of those states. new legislative authority to the Congress of the United States or any new judicial power We must also be cognizant that while we This measure will not ensure that marriage to the Supreme Court of the United States or may today be talking about same-sex mar- couples will protect our children from abuse or any court created by Congress. riage, someday in the future we may be laying ensure that marriages between men and This amendment was not made in order. the groundwork for all marriage issues to be- women will endure and not end in divorce. It Without some limitation, I fear a future come federal. is for the reasons outlined, that I cast a no where the entire realm of domestic relations I submit that given the makeup of the House vote against this amendment, and a vote to law, be it marriage, divorce, child custody, pa- this Amendment cannot pass. I suggest that if continue to support the Constitution. ternity determination, adoption—you name it— we really care about marriage, that we focus Mr. ORTIZ. Mr. Speaker, I rise in support of will become fair game for a future Supreme on the other constitutional tools that our found- the ‘‘Marriage Protection’’ Constitutional Court. ers gave to Congress. Let us remove the fed- amendment. Without some limitation on Federal power to eral courts’ jurisdiction in this area. Let us cut In the past, I have supported legislation that assume all family law, I simply cannot support off the funding of the enforcement of unconsti- defines marriage, and keeps the control of the the present text. tutional decisions. institution of marriage within each State in the The second problem with the current All of these means are sufficient to control Union. I don’t believe in gay marriage, and amendment arises out of my concern over the the judiciary. In fact, by specifically addressing supported the Federal statute Congress nature of marriage and what we are truly try- the power of the courts to construe constitu- passed in 1996 making sure one State does ing to protect in this amendment. tions we are actually giving support to the not have to accept a marriage license not The supporters of this amendment contend myth that the courts are already the final arbi- issued in their State. that they have three goals: prohibit same-sex ters of the constitutions. Amending the Constitution is a grave mat- marriage; stop courts from granting the bene- We must now allow this to happen. I re- ter, given it’s only been amended 27 times in fits of marriage to same-sex couples; and, spectfully urge my colleagues to consider what the history of this Republic, actually, 17 times allow State legislatures to enact civil unions or they are doing here today, including all of the excluding the Bill of Rights, the first 10 domestic partnerships if they so desire. ramifications of this Amendment. amendments to the Constitution were adopted Regarding the second goal, that is prohib- Ms. CORRINE BROWN of Florida. Mr. along with the original Constitution. iting the courts from granting the incidents of Speaker, I rise tonight to oppose this blatant I am opposed to amending the Constitution marriage to unmarried couples, presumably attempt to hijack the Constitution of the United generally, and remain concerned about the re- those in civil unions or domestic partnerships, States for political gains. percussions of opening up our precious found- I contend that here they have simply failed. On July 12, 1996 this House of Representa- ing document to amendments about social They have failed because in introducing H.J. tives voted for, and I supported the Defense of issues. Res. 106, they have only restricted the courts Marriage Act. On September 21, 1996 this bill But I have heard from thousands of my con- from improperly construing State or Federal became the Law of the Land as Public Law stituents in south Texas who believe the mat- constitutions. 104–199. ter of marriage raises to the importance of in- Unlike the original H.J. Res. 56, they have The Defense of Marriage Act states that cluding this definition as the 28th Amendment dropped the requirement that courts refrain ‘‘No State, territory, or possession of the of the Constitution. I have heard the voices of from construing State or Federal law in the United States, or Indian tribe, shall be required south Texans on this matter. granting of the incidents of marriage to same- to give effect to any public act, record, or judi- We can never legislate the way people are sex couples. cial proceeding of any other State, territory, born or the way they will live their lives. But Hence, under this amendment any court, for possession, or tribe respecting a relationship we can make a statement today on the impor- any reason short of a constitutional one, may between persons of the same sex that is treat- tance of marriage by passing this amendment simply grant the incidents of marriage to un- ed as a marriage under the laws of such other and urging the Senate and three-fifths of the married couples and this amendment will not State, territory, possession, or tribe, or a right States to do the same. stop them. or claim arising fro such relationship’’. I urge my colleagues to support the amend- At this point, one might say, shouldn’t we I do not support a constitutional amendment ment as well. match our amendment to that voted upon in to prohibit gay marriage. Historically, amend- Mr. HOSTETTLER. Mr. Speaker, I rise in the Senate in July? I say why? That amendments to the Constitution have been utilized opposition to this proposed Amendment to the ment did not even obtain a majority of votes as a tool to protect or defend the rights and Constitution of the United States. for cloture. My friends, it is dead. liberties of American citizens. Two prominent Marriage is designed to be between a man As I said, the authors of this Amendment examples include the 13th Amendment abol- and a woman, period. It is not for two women, had three goals concerning the incidents of ishing slavery and the 19th Amendment giving nor for two men. It was for this reason that I marriage. The third goal was to allow, yes women the right to vote. authored the Marriage Protection Act, which allow, the legislatures in the States to enact Marriage has historically been in the domain passed in the House in July. civil unions or domestic partnership laws. of the States to regulate. Nevertheless, I cannot in good conscience I ask those of you from California or There is no Federal marriage certificate or support this amendment. Vermont what this Amendment does for you? license needed to be married; however, the

VerDate Aug 04 2004 04:26 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 9920 E:\CR\FM\A30SE7.084 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7927 State determines how and when a license is books and has not been successfully chal- Mr. Speaker, this waste of an afternoon in necessary. lenged. an effort to pollute our Constitution with lan- I am opposed to this Amendment. I do not Given this history, I am not convinced that guage requiring discrimination against a par- feel that the Constitution of the United States this constitutional amendment is necessary to ticular group of people, in violation of basic should ever be used to limit the rights of citi- prevent the ‘‘full faith and credit’’ clause being principles of federalism, is just wrong, and I zens. States currently have jurisdiction over used to compel a state to recognize a same- urge my colleagues to show they share my marriage, and can outlaw the act of same sex sex marriage. disdain for this charade by voting ‘‘no.’’ marriage if they choose. Moreover, when you focus on the language Mr. OXLEY. Mr. Speaker, today, I stand in This amendment does nothing to improve of the proposed amendment it becomes clear support of H.J. Res. 106, the Marriage Protec- the major problems facing marriages today, that protecting states is not its real purpose. tion Amendment. I believe there are strong particularly the Nation’s extremely high divorce That purpose could be achieved by an cultural, historic, and societal reasons for re- rate, 50 percent. amendment to the ‘‘full faith and credit’’ affirming the definition of marriage. For cen- The reasons for this vote are politically moti- clause—perhaps by putting language along turies, our society has been built upon the tra- vated. At a time when 12 of the 13 appropria- the lines of the ‘‘Defense of Marriage Act’’ into dition that marriage consists of one man and tions bills, a budget, and transportation fund- the constitution itself. But that is not what is one woman. The institution of marriage is not ing for the states have not been passed, why being proposed here. one made to discriminate, but was created to are we spending valuable floor time on a bill Instead, this amendment would restrict advocate an ideal home for children. This en- that has already failed in the Senate? states, by establishing a single definition of during and cherished institution is the health- marriage—the only definition that any state Do not support this amendment and let us iest way to raise strong families. We have to could recognize. get back to the people’s business. ask ourselves why we would want to change And unlike other constitutional amendments, Mr. UDALL of Colorado. Mr. Speaker, I can- it would not protect individuals either. It would the institution of marriage after it has served not support changing the Constitution along write into the constitution a new limit on what human civilization so well over the course of the lines of this proposal—so I will not vote for legal rights they could hope to have protected time. this resolution. My home state of Ohio has spoken very by a state or the federal government. If adopt- Under our federal system, there are many strongly on this. The state legislature has ed, this amendment would restrict individual matters where the states have broad latitude passed its own Defense of Marriage Act, and liberties instead of expanding them. I think it is to shape their laws and policies in ways their clear the real purpose of this amendment is to I have received hundreds of letters on the residents think fit, subject to the constitution’s lay a foundation for discrimination against issue from my constituents in the Fourth Dis- provisions that protect the rights of individual some Americans on the basis of their sexual trict. I believe there is a strong majority con- citizens. orientation. In good conscience, I cannot sup- sensus in Ohio for the traditional definition of One of those areas has been family law, in- port this. marriage. It now appears that proponents cluding the regulation of marriage and di- Mr. Speaker, no proposed constitutional have received enough signatures through peti- vorce—but this amendment would change amendment should be taken lightly. On the tions to put this issue on the ballot on Election that. contrary, I think such proposals require very Day. Adoption of this amendment would for the careful scrutiny and should not be adopted un- I do not take amending the U.S. Constitution first time impose a constitutional restriction on less there we are convinced that a change in lightly. But because of the decision made by the ability of a state to define marriage. And our fundamental law is essential. I do not think activist judges in states like Massachusetts, it would do so in a way that would restrict, not this resolution meets that test, and so I will there is no assurance that existing federal and protect, individual rights that now are pro- vote against it. state defense of marriage acts can remain in- tected by at least some state constitutions. Mr. SERRANO. Mr. Speaker, I rise in strong tact. The American people deserve to be In my opinion, this is neither necessary nor opposition to the proposed amendment to the heard through their elected representatives, appropriate. Constitution of the United States that would and that is why it is proper for the House to Some of the resolution’s supporters say it is enshrine discrimination in one of our Nation’s pass the Marriage Protection Amendment. needed so a state whose laws ban same-sex founding documents and insinuate the Federal Mr. MEEK of Florida. Mr. Speaker, I rise in marriages or civil unions will not be forced to government into an area of law and policy that strong opposition to H.J. Res. 106 before the recognize such marriages or unions estab- has traditionally been left to the States. House of Representatives today. lished under another state’s laws. Since the Bill of Rights was adopted, the The Constitution has never been amended They say this could happen because Article Constitution has been amended only 17 times. to mandate discrimination. It is historically IV of the Constitution requires each state to That demonstrates the profoundly conserv- served to expand liberty and equality. This give ‘‘full faith and credit’’ to another state’s ative approach the American people and their proposed constitutional amendment, if passed, ‘‘public acts, records, and judicial pro- representatives in Congress have taken to would set a precedent at odds with the values ceedings.’’ changing the Constitution. Polls show that that and freedoms upon which the nation was But my understanding is that this part of the approach continues today. Even among those founded. Further, it is an attack on the United constitution has not required states to recog- who oppose gay marriage, a majority oppose States Constitution and the system of govern- nize the validity of all marriages of people using a constitutional amendment to ban it. ment that has made this country so great and from other states. In fact, over the years var- For my part, I believe that a committed cou- has served us so well. Supporters of this reso- ious states have refused to recognize some ple, regardless of gender, should have the lution complain loudly about the decisions of out-of-state marriages—and the ‘‘full faith and right to participate in a state-recognized mar- ‘‘unelected judges,’’ but it is important to re- credit’’ clause has not been used to validate riage or civil union and to enjoy the rights and member that those very unelected judges are marriages because marriages are not ‘‘judg- responsibilities conveyed by that legal relation- a key part of our system of government—it is ments’’ but ‘‘civil contracts’’ that a state may ship. It is in our society’s interest that com- how the authors of the Constitution saw fit to choose to recognize as a matter of comity, not mitted couples, whether in ‘‘traditional’’ or protect the rights of minorities. as a constitutional requirement. same-sex unions, be not only allowed but en- By trying to amend the Constitution, con- As if this were not enough, in 1996 Con- couraged to form households, have families, servatives are trying to cut off the emerging gress passed and President Clinton signed and contribute to the health and stability of national debate on same-sex marriage. into law the ‘‘Defense of Marriage Act.’’ That their neighborhoods and communities. Amending the Constitution has only been law says ‘‘No State, territory, or possession of What religious bodies choose to recognize, done 27 times before in our history. It is the United States, or Indian tribe, shall be re- sanction, or bless as marriage should be en- something that is traditionally done only when quired to give effect to any public act, record, tirely up to them. there are no other options, but the country has or judicial proceeding of any State, territory, There are much more important issues we only just begun to try to work through this possession, or tribe respecting a relationship could be spending this time on. The American issue. between persons of the same sex that is treat- people have much higher priorities than this— Even for people who, like myself, believe ed as a marriage under the laws of such other the misguided effort to bring democracy to that marriage is between a man and a woman, State, territory, possession, or tribe, or a right Iraq; the faltering economy; the loss of good this measure does nothing to strengthen or or claim arising from such relationship.’’ jobs; the half-hearted, underfunded war on ter- protect those bonds. It seems to me that if a Not everyone thinks this was a good thing rorism; the high price of gas; the millions of threat exists to marriage, it is that too many of for Congress to do—I myself am not sure that Americans without health insurance; and so them fail. For every two marriages that oc- it was. But the fact is that this law is on the on. curred in the 1990s, one ended in divorce.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 9920 E:\CR\FM\A30SE7.086 H30PT1 H7928 CONGRESSIONAL RECORD — HOUSE September 30, 2004 The stresses on marriages today are great, those not adopted now look worse. We should that both the Defense or Marriage Act and the but they don’t have to do with the jurisdiction not lightly tamper with the perfection, beauty Marriage Protection Act can survive legal chal- of the federal courts. This bill does nothing to and majesty of our great Constitution. This bill lenges and ensure that no state is forced by deal with problems like affordable housing, was filed only last Friday, rushed through the a federal court’s or another state’s actions to quality education and training, daycare for Rules Committee on Tuesday night, and voted recognize same sex marriage. Therefore, young children, high costs of gasoline, elec- on today. while I am sympathetic to those who feel only tricity and food, high unemployment rates and There have been no Committee hearings, a constitutional amendment will sufficiently ad- underemployment, and the lack of health care no time to look at different amendment pro- dress this issue, I respectfully disagree. I am coverage and other benefits that place severe posals, and no opportunity to have the impor- also concerned that the proposed amendment, strains on many families. tant deliberations that should take place when by telling the people of the individual states Today, the very nature of the typical Amer- amending the Constitution. We have heard how their state constitutions are to be inter- ican family is changing. Just as families head- nothing from our concerned citizens and from preted, is a major usurpation of the states’ ed by only one adult were rare only a few dec- our Constitutional scholars. power. The division of power between the fed- ades ago but are common today, non-tradi- The issue before us today is not whether eral government and the states is one of the tional couples are now a widespread fact of you are for or against gay marriage. It is virtues of the American political system. Alter- American society. Nearly 200 Fortune-500 whether or not we should federalize marriage ing that balance endangers self-government companies and numerous municipalities and and take away the right of the states to define and individual liberty. However, if federal organizations have already recognized this marriage. judges wrongly interfere and attempt to com- fact on their own and provide benefits to same Now Mr. Speaker, I supported the Defense pel a state to recognize the marriage licenses sex couples. In addition, several municipalities of Marriage Act and continue to do so. At this of another state, that would be proper time for have adopted local ordinances prohibiting dis- point, the Defense of Marriage Act remains me to consider new legislative or constitutional crimination based on sexual orientation in the law of the land. It works. Nothing yet approaches. housing and employment. threatens this law. Conservatives, in particular, should be leery This proposed constitutional amendment is Those proposing this amendment rely on of anything that increases federal power, since heavy-handed and unnecessary. The com- hypothetical dangers to try and push through centralized government power is traditionally panion amendment in the United States Sen- a dramatic, but mischievous change to our the enemy of conservative values. I agree with ate not only failed to meet the required two- Constitution. I am opposed to taking away the the assessment of former Congressman Bob thirds vote for adoption, but it failed to even right of each state to have its citizenry decide Barr, who authored the Defense of Marriage receive a simple majority of the membership, how to define marriage. It seems to me too Act: failing 48–50. At best, it is bad policy that many people are meddling in this matter for ‘‘The very fact that the FMA [Federal Mar- does not get to the core of the problems that political reasons. Let the states continue to de- riage Amendment] was introduced said that face American families today. At worst, it is a cide sound public policy on this subject. conservatives believed it was okay to amend ruinous attack at the very foundation of this We must never rush to amend our Constitu- the Constitution to take power from the states great country—A Constitution that protects the tion. Mr. Speaker, I oppose this bill and ask and give it to Washington. That is hardly a rights of the individual over the tyranny of the for my colleagues to vote against this iniqui- basic principle of conservatism as we used to majority. tous, politically inspired, and destructive legis- know it. It is entirely likely the left will boo- No matter one’s individual beliefs, there can lation. merang that assertion into a future proposed be no excuse to putting limitations on one per- Mr. PAUL. Mr. Speaker, while I oppose fed- amendment that would weaken gun rights or son’s rights for another person’s beliefs in a eral efforts to redefine marriage as something mandate income redistribution.’’ document under which we all live—the Con- other than a union between one man and one Passing a constitutional amendment is a stitution of the United States of America. I woman, I do not believe a constitutional long, drawn-out process. The fact that the hope that my colleagues will join me in oppos- amendment is either a necessary or proper marriage amendment already failed to gather ing this ill-advised, unnecessary, and bad way to defend marriage. the necessary two-thirds support in the Senate precedent-setting amendment. While marriage is licensed and otherwise means that, even if two-thirds of House mem- Mr. DINGELL. Mr. Speaker, I rise in strong regulated by the states, government did not bers support the amendment, it will not be opposition to H.J. Res. 106, the so called fed- create the institution of marriage. In fact, the sent to states for ratification this year. Even if eral marriage amendment. This bill would turn institution of marriage most likely pre-dates the the amendment gathers the necessary two- over 200 years of state jurisprudence on its institution of government! Government regula- thirds support in both Houses of Congress, it head, attempting to federalize marriage. tion of marriage is based on state recognition still must go through the time-consuming proc- This resolution is another attempt to man- of the practices and customs formulated by ess of state ratification. This process requires date one definition of marriage upon the private individuals interacting in civil society. three-quarters of the states’ legislatures to ap- states. I ask my colleagues if we take away Many people associate their wedding day with prove the amendment before it can become this right from the states, what’s next? Where completing the rituals and other requirements effective. Those who believe that immediate does it stop? Take away local decisions for of their faith, thus being joined in the eyes of action to protect the traditional definition of education or child custody issues. Between their church and their creator, not with receiv- marriage is necessary should consider that the the consideration of this bill and the court ing their marriage license, thus being joined in Equal Rights Amendment easily passed both stripping bills that have passed this House, it the eyes of the state. Houses of Congress and was quickly ratified leads me to believe, Mr. Speaker, this is just If I were in Congress in 1996, I would have by a number of states. Yet, that amendment another cynical political ploy by the majority voted for the Defense of Marriage Act, which remains unratified today. Proponents of this during an election year. used Congress’s constitutional authority to de- marriage amendment should also consider Like Vice President CHENEY and former fine what official state documents other states that efforts to amend the Constitution to ad- Representative Bob Barr, I believe the voters have to recognize under the Full Faith and dress flag burning and require the federal gov- of each state should decide for themselves Credit Clause, to ensure that no state would ernment to balance the budget have been on- who can and cannot marry. It has always be forced to recognize a ‘‘same sex’’ marriage going for years, without any success. been a state function. It should remain so. To license issued in another state. This Con- Ironically, social engineers who wish to use take away that right of the state to decide this gress, I was an original cosponsor of the Mar- federal government power to redefine mar- issue, we endanger basic principles of the fed- riage Protection Act. H.R. 3313, that removes riage will be able to point to the defense of eral system in which we live. As our Constitu- challenges to the Defense of Marriage Act traditional marriage through a constitutional tion so eloquently states in the Tenth Amend- from federal courts’ jurisdiction. If I were a amendment as proof that they have the legiti- ment of our federal Constitution, ‘‘The powers member of the Texas legislature, I would do mate authority to redefine marriage. I am un- not delegated to the United States by the Con- all I could to oppose any attempt by rogue willing either to cede to the federal courts the stitution, nor prohibited by it to the States, are judges to impose a new definition of marriage authority to redefine marriage or to deny a reserved to the States respectively, or to the on the people of my state. state’s ability to preserve the traditional defini- people.’’ Having studied this issue and consulted with tion of marriage. Instead, I believe it is time for Mr. Speaker, amendment of our Constitution leading legal scholars, including an attorney Congress and state legislatures to reassert has happened only 17 times since the Bill of who helped defend the Boy Scouts against at- their authority as a co-equal branch of govern- Rights was passed. Some of those amend- tempts to force the organization to allow gay ment by refusing to enforce judicial ments do not look so good today. Many of men to serve as scoutmasters, I am convinced usurpations of power.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4634 Sfmt 9920 E:\CR\FM\A30SE7.052 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7929 In contrast to a constitutional amendment, the states. That was my view then. That’s my panies provide to same-sex partners. I note the Marriage Protection Act requires only a view now.’’ (Scripps Howard New Service, that a broad array of both civil rights, religious, majority vote of both Houses of Congress and January 9, 2004). As recently as August, and business organizations are opposed to the President’s signature to become law. The 2004, Vice President DICK CHENEY, speaking the amendment. bill has already passed the House of Rep- of gay marriage, affirmed that, ‘‘marriage has Finally, Congress should only adopt a con- resentatives; at least 51 Senators would vote historically been a relationship that has been stitutional amendment as a matter of last re- for it; and the President would sign this legis- handled by the states.’’ Like Vice President sort when a statutory approach is ineffective. lation given his commitment to protecting the CHENEY, I do not believe the U.S. Congress In this case, that standard has not been met. traditional definition of marriage. Therefore, needs to intrude on this state issue. Because We have only amended our Constitution sev- those who believe Congress needs to take im- of my great respect for the Constitution, and enteen times since the adoption of the Bill of mediate action to protect marriage this year for the federal nature of the government which Rights in 1791. should be focusing on passing the Marriage the document dictates, I will vote against this I have consistently supported legislation to Protection Act. resolution, and I urge my colleagues on both protect the civil rights of all Americans, regard- Because of the dangers to liberty and tradi- sides of the aisle to do the same. less of their sexual orientation. For example, I tional values posed by the unexpected con- Mr. CARDIN. Mr. Speaker, I rise in opposi- believe that Congress should make it illegal to sequences of amending the Constitution to tion to H.J. Res. 106, a constitutional amend- terminate an employee solely on the basis of strip power from the states and the people ment regarding marriage. sexual orientation. I believe this amendment is and further empower Washington, I cannot in I personally believe that marriage is the inconsistent with the civil rights currently en- good conscience support the marriage amend- union of a man and a woman. In 1996, I voted joyed by many gays and lesbians as a result ment to the United States Constitution. In- in favor of the Defense of Marriage Act of State and local laws. This constitutional stead, I plan to continue to work to enact the (DOMA), which became law with President amendment could inadvertently sanction dis- Marriage Protection Act and protect each Clinton’s signature. The Act defined marriage crimination based on sexual orientation be- state’s right not to be forced to recognize a for federal purposes as a legal union between yond the legal status of marriage. same sex marriage. one man and one woman. The bill also pro- Mr. CRANE. Mr. Speaker, the institution of Mr. KIND. Mr. Speaker, I rise to express my tected states from being compelled to honor marriage is a sacred union between a man disappointment that this body has brought the another state’s law or judicial proceeding that and a woman, and with God and the commu- Federal Marriage Protection to the Floor at a recognizes marriage between persons of the nity. That is why I voted for and strongly sup- time when only one of the thirteen appropria- same sex. DOMA is current federal law. ported the 1996 Defense of Marriage Act tions bills has been passed into law and other I am therefore puzzled as to why the House (DOMA), which was passed by Congress by important legislation, such as the transpor- leadership has chosen to schedule this matter an overwhelming bipartisan margin and signed tation reauthorization bill and intelligence re- for a vote in such a hasty manner, without the into law by President Clinton. The Defense of form have not yet become law. benefit of a markup in the Judiciary Com- Marriage Act defines marriage as being be- This is not to say that I believe the issue of mittee, just one month before Election Day. In tween one man and one woman, and also gay marriage to be unworthy of discussion. I July of this year, the Senate rejected this provides that no State shall be required to ac- understand that some people firmly regard gay amendment by a vote of 48–50, short of even cept a same-sex marriage license granted in marriage as a civil right while others find it a majority vote, and much less than the two- another State. antithetical to their religious or moral beliefs. thirds vote required to send the amendment to Opponents of this amendment say we are Reasonable people can disagree on this the states for ratification. voting too early on this amendment. They say issue, and it is a subject which our country This amendment is unnecessary. DOMA is that traditional marriage is protected by must continue to discuss. In America, how- the law of the land which both defines mar- DOMA. However, I know that unless this ever, the authority to grant legal status to a riage at the federal level and protects states amendment passes, State and Federal judges marriage has been a function reserved for the from having to change their own definitions of will overturn laws protecting traditional mar- states, and different states have different laws marriage by recognizing other states’ same- riage after this year’s election, just as I know regarding issues ranging from blood-testing to sex marriage licenses. DOMA has never been tonight the sun will set. waiting periods before marriage. invalidated by any court, and many states Left-wing activists in at least twelve other Some, including the proponents of this bill, have properly used DOMA to refuse to recog- States have filed lawsuits like the one that im- will argue that an amendment to the U.S. Con- nize same-sex marriages performed in other posed same-sex marriage in Massachusetts. stitution is necessary to keep one state from states. The decision of the citizens of Massa- Without a constitutional amendment, judges forcing another to accept same-sex marriages. chusetts to authorize same-sex marriages in and local officials will continue to attempt to In fact, this is not necessary because of the their state in no way requires the citizens of redefine marriages in their States. A handful of 1996 Defense of Marriage Law, which pro- the state of Maryland to do so. judges are doing the work of a liberal few and vides that states, U.S. territories, or Indian I am also concerned about the unneces- forcing us to act to protect what should be a tribes do not have to recognize same-sex mar- sarily broad scope of the amendment, which settled matter of law. These judges can strike riages granted by other states. Further, the states that Federal or State constitutions shall down the Defense of Marriage Act just as four Act defines marriage, for the purpose of fed- not be construed ‘‘to require that marriage or judges in Massachusetts did earlier this year. eral benefits and rules, as the legal union be- the legal incidents thereof be conferred upon The only way to ensure that the people’s tween one man and one woman. Therefore, any union other than the union of a man and voice to be heard is an amendment to the the Wisconsin law which recognizes marriage woman.’’ (emphasis supplied). Many State, Constitution—the only law a court cannot as a relationship between a husband and wife county and local governments currently pro- overturn. The future of marriage in America is protected. vide either domestic partner benefits or civil should be decided through the democratic Mr. Speaker, when it comes to amending union benefits to gays and lesbians in their ju- constitutional amendment process. By passing the United States Constitution, I am very con- risdictions. Such benefits include visiting each the Marriage Protection Amendment, the servative. Like Republican Senator CHUCK other in the hospital, sharing health insurance American people will have the final say on HAGEL, conservative columnist George F. Will, plans, and rights of inheritance. These bene- marriage in the United States, not a group of and the Republican author of the Defense of fits—again, decided by local governments and judges. Marriage Act, Bob Barr, I am opposed to citizens—could be called into question by this Mr. Speaker, I urge my colleagues to trust amending the Constitution for the purpose of Federal constitutional amendment if they are the judgment of the American people and outlawing gay marriage. In its 215-year his- considered ‘‘legal incidents’’ of marriage. As allow them to make the final decision on mar- tory, the Constitution has been amended only compared to a Federal statute, a constitutional riage by voting for the Marriage Protection 27 times, and we must not add amendments amendment limits the ability of Congress to Amendment. limiting rights rather than expanding them. make future changes. Mr. DELAHUNT. Mr. Speaker, here’s the DICK CHENEY has stated ‘‘With respect to The first sentence of the amendment does choice. On one hand, a rich constitutional tra- my views on the issue, I stated those during not even require State action, which means dition. On the other hand, the politics of divi- the course of the 2000 campaign, that I that private parties—such as religious institu- siveness. What a despicable choice it is. thought when it came to the question of tions and private businesses—could be bound With just days left before hitting the cam- whether or not some sort of legal status or by the Federal Government’s definition of paign trail, this Congress sets a remarkable legal sanction were granted to a same-sex re- ‘‘marriage.’’ The amendment could therefore record today. Since January of this year, the lationship that that was a matter best left to call into question the benefits that many com- Republicans had the House in session for 93

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4634 Sfmt 9920 E:\CR\FM\A30SE7.055 H30PT1 H7930 CONGRESSIONAL RECORD — HOUSE September 30, 2004 days. Fewer days than any other single Ses- floor yesterday to abrogate gun laws in the Passing this amendment would take us sion since 1948. District of Columbia, this amendment is noth- down a dangerous path of trying to make civil The Republicans control the House, the ing more than an election year wedge issue. and religious marriage one in the same. If Senate and the White House. Here’s the tally: Already defeated in the Senate last July, it is we’re going to bring our civil marriage system No votes on energy reform. No action on the another attempt to create a campaign issue to in line with religious marriage, then we also assault weapons ban. No criminal justice re- use against Democrats. It is a shame that the need to pass an amendment banning Catho- form. No Homeland Security bill. And no ac- People’s House should be diminished in this lics from getting divorced. tion on minimum wage and unemployment way. The fact that Massachusetts is marrying benefits. Even more so, this is an affront to our great same-sex couples doesn’t mean that other We can’t pass a budget. Only one of 13 an- Constitution. It reverses the constitutional tra- States have to do the same. Already, 44 nual appropriations bills got done on time this dition of protecting individual freedoms by at- States have specifically banned gay marriage, year. And in Iraq, the violence continues. Yes- tempting to limit those rights to millions of peo- and the Constitution guarantees their right to terday, a car bomb explosion killed over 30 ple. This is a cynical and dangerous violation set their own policies on State issues. people—injuring over 100. We have lost over of everything we have come to expect from Constitutional amendments have to be one thousand American soldiers in this war. that great document. This is no time to start passed by two-thirds of both the House and So which of these enormous challenges do rolling back freedom. Senate before being submitted to the States we take on today? None of them. Instead, What a great contradiction we are wit- for ratification. This amendment has already we’re debating a constitutional amendment on nessing today at that party, which professes failed in the Senate, so today’s vote is all a marriage that is not going anywhere—it has the sanctity of individual rights and privacy of cynical, hateful political game. already failed miserably in the Senate. We are the individual, seeks a blanket intrusion into Mr. HOEKSTRA. Mr. Speaker, I rise in sup- just going through the motions here. The Ma- the lives of a group of people under the guise port of the Marriage Protection Amendment jority is placating its base. For partisan advan- of protecting marriage, the most private of in- and urge my colleagues to vote in favor of this tage and with total disregard for our constitu- stitutions. important legislation. tional history and the core conservative value While it was President Bush who initiated Marriage as the union of one man and one of federalism and defense to the State. this bill with his call for a Constitutional woman is our most basic and fundamental so- Just last month the Vice President said: amendment last February, I would hope that cial institution. It is so central to the well-being ‘‘people ought to be able to be free.’’ Well, Mr. some members of his party would agree with of our society that, until recently, it was difficult Vice President, to my surprise, we actually the position of Vice President CHENEY that this to imagine that marriage itself would need ex- agree on something. People should be free to issue should be left to the states and not en- plicit constitutional protection. love who they want. And free to marry who shrined in our national constitution. However, recent court rulings and the ac- Mr. STARK. Mr. Speaker, I rise in strong they love. And live in a state where they have tions of some local officials have forced the opposition to House Joint Resolution 106, the equal rights and opportunities, and equal ac- debate upon us. In an ongoing effort to rede- so-called Marriage Protection Amendment, cess to government. fine marriage for all of American society, the which proposes an amendment to the U.S. But State rights are under attack—from the judgment of the American people is in danger Constitution to ban same-sex couples from self-styled conservatives no less, the same of being overruled by a handful of activist getting married or receiving any of the rights folks who are crusading to preempt State gun judges. of marriage. The right-wing political machine is safety laws, get rid of consumer protection The Marriage Protection Amendment will churning out divisive legislation at a record protect marriage as the union of one man and provisions, to eliminate fair lending laws. Why pace as we get close to the election, but this one woman and ensure that the democratic not abolish the 10th Amendment too? is a new low. They would, for the first time I agree with our former colleague Bob ever, target a specific group of Americans in process is followed on questions relating to Barr—one of the stronget supporters of States’ our most sacred document, and permanently this fundamental social institution. Some will question the need for a constitu- rights ever to serve in this body. There are ban them from having equal rights under the three reasons why a constitutional amendment law. This proposed amendment not only bans tional amendment, but let’s be realistic. The is the wrong choice. marriage, but any of the ‘‘legal incidents there- U.S. Constitution will be changed whether the First, marriage is a state issue. Each state of,’’ meaning that the supporter of this amend- Marriage Protection Amendment is approved should be able to decide on its own how to ment think our founding document should or not. define marriage for its citizens. Federalism keep gay and lesbian couples from filing a Either activist judges will impose a new defi- means state sovereignty. We hear a lot of talk joint tax return, inheriting property, or visiting nition of marriage on the entire country, or the about my home state. Let me tell you some- their partners in the hospital. American people, through their elected rep- thing—Massachusetts is not forcing other It’s one thing for the Republicans to claim resentatives, will have the opportunity to deter- states to take up this issue. Marriage is a mat- that banning flag burning will make us more mine what marriage will be. ter that has always been left to the states. And patriotic or to propose a balanced budget There is a broad consensus among the each state should be allowed to address this amendment when they’re running the highest American people that marriage is uniquely and issue in its own due course. deficits in history, but to play their political essentially the union of one man and one Second, once we start messing with the games with millions of Americans is beneath woman. Congress needs to act today and give Constitution, where will it end? With this contempt. Apparently, there are a lot of things voice to the majority of Americans who want precedent, the Republicans show a willingness the supporters of this amendment don’t under- traditional marriage protected. to change the Constitution for ideology. What’s stand about our government: The record is clear. Whenever the American next? A Constitutional Amendment on tax The Constitution has always defined the lim- people have had the opportunity to vote di- cuts? Corporate welfare? The draft? itations of government and liberties of people, rectly on the issue, they have overwhelmingly Finally, Federal constitutional amendment not the other way around. voted in favor of traditional marriage. on marriage is unnecessary, irresponsible and Citizens of the United States are guaranteed The state of marriage and the American irrational. It is wrong. equal treatment under the law, even if they family is a matter of crucial importance, and I The House Majority is pitting the Constitu- aren’t popular. trust the judgment of the American people on tion against a craven political calculus. This is For people who choose a religion, there are this matter. election year pandering at its worst. This is a two separate marriages: a civil contract and a The future of marriage should be decided by meaningless and demeaning gesture, and in- religious ceremony. That religious ceremony the American people, not by activist courts. sult to those holding sincere beliefs on this has nothing to do with our laws. A church can Vote in favor of the Marriage Protection Act, issue, all at the expense of our constitutional marry whomever it wants and refuse to marry protect traditional marriage and ensure that heritage. whomever it wants. For example, Churches in the American people will have a say in the fu- I urge my colleagues to reject this des- Massachusetts don’t have to marry gay people ture of marriage. picable posturing. even though the State does. Mr. MEEHAN. Mr. Speaker, I rise in strong Mr. RANGEL. Mr. Speaker, I rise in opposi- The civil contract part of marriage is en- opposition to the Federal Marriage Amend- tion to H.J. Res. 106, the Marriage Protection forced by a set of laws that affect property, ment. Amendment. children, health care and other responsibilities Today in America: 8 million people are out This amendment should be more rightfully and rights. In the U.S. we are required by the of work—2.7 million have exhausted their un- called the Republican Incumbency Protection Constitution to divorce these laws from any re- employment benefits; 45 million people don’t Amendment. Like the bill we debated on this ligious influence. have access to health care; our classrooms

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4634 Sfmt 9920 E:\CR\FM\A30SE7.097 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7931 are underfunded by $25 billion; gasoline prices sault on millions of hard-working, law-abiding vention oppose this amendment, including have reached $50 per barrel one-third of the Americans. Vice President CHENEY and California Gov- intercepts from al Qaeda have not been trans- And it’s a shameless attempt to divide all ernor Schwarzenegger. lated into English; and, more than 1,000 Americans at a time when unity is needed like We have traditionally amended the Constitu- Americans have been killed in a foreign quag- never before. tion to grant a broader range of rights to mire with no end in sight. I urge my colleagues to protect the Constitu- Americans. Why, in the 21st century, are we It’s time for bold and honest leadership, and tion, not degrade it for political reasons. Vote breaking from this 200-year-old tradition? In for all Americans to unite in confronting these ‘‘no’’ on the Federal Marriage Amendment. my view, the Constitution should be amended urgent challenges. Yet with precious few days Mr. STEARNS. Mr. Speaker, I rise today in rarely, dispassionately, and only in the interest left in the legislative session, the leadership in support of the rule and this amendment. of codifying or expanding rights and liberties. Congress has decided that our time is best We did not seek this debate, but it was This proposed amendment fails to meet that spent trying to divide Americans for political thrust upon us. A handful of judicial activists test, is divisive, and distracts from more urgent reasons. And the device they are using to di- have sought to change the traditional definition priorities. vide us is the most sacred document of all— of marriage through judicial decree. If America is hit by terrorists again, I fear the Constitution of the United States. Supporters of same-sex marriage are vocal, that history will look back at us with a scathing The Constitution has always united Ameri- tireless, and well-funded. They are eager to and sorrowful eye. There will be anger at our cans behind a shared set of ideals. In our his- attack the traditional meaning of marriage misplaced priorities, and sadness that we fell tory, the Constitution has been amended only through whatever court is willing to listen. victim to the passions of those whose vision to protect and expand our rights. Since the Bill They are determined to force this revolutionary for America’s future is clouded by fear and in- of Rights, our Nation has passed constitutional and destructive view of marriage down the tolerance. amendments to abolish slavery, to give all American people’s throats. I oppose H.J. Res. 106 and urge my col- Americans equal protection under the laws, But there is hope for the millions of Ameri- leagues on both sides of the aisle to oppose and to extend the right to vote to former cans who value the traditional definition of it. We need to put this shameful vote behind slaves, women, and young Americans. marriage. Their hope is the democratic proc- us and focus on problems that all Americans Never in our history has a constitutional ess and this amendment. Supporters of same- agree need to be addressed, such as jobs, amendment been used to take rights away. sex marriage cannot win through the demo- health care and, most of all, national security. The Federal Marriage Amendment destroys cratic process. Again and again, when the Ms. ROS-LEHTINEN. Mr. Speaker, although that tradition simply to pander to the political issue has been put forth in the court of public I will not be present when the House con- base of the Republican Party 5 weeks before opinion, they have lost miserably. venes on Thursday, September 30, 2004, for an election. This amendment has little to do Mr. Speaker, this vote today is what our de- consideration of the H.J. Res 106, the Mar- with defending the institution of marriage. mocracy is all about. The response of my con- riage Protection Amendment. I oppose it, just With the strains on today’s families and the stituents and Americans throughout the coun- like Vice President DICK CHENEY, because it incidence of divorce and broken homes, I fail try has been overwhelming and impressive. undermines the principles of federalism es- poused by most Republicans and interferes to see how we strengthen the institution of The vast majority of Americans have risen to with the rights of States that have been recog- marriage by forever excluding couples willing the defense of traditional marriage. Today, the nized since the founding of our country. to enter into a lifelong commitment. voice of the American people will be heard. Our society encourages and values a com- Furthermore, we should not change the Ms. HARMAN. Mr. Speaker, September 13 mitment to long-term monogamous relation- Constitution for the purpose of singling out was an important date for Congress. It marked ships—and we honor that commitment through one group for discrimination. A constitutional the expiration of the decade-old Assault the legal institution of marriage. marriage amendment is also unnecessary Same-sex couples are not asking for special Weapons Ban. Police Chiefs across the coun- given that the Defense of Marriage Act already rights or special favors. They are asking for try strongly encouraged the extension of this defines marriage as a union between one man the opportunity to make a commitment to one ban. President Bush even announced he and one woman. another—to share in a conservative institution would sign an extension if Congress pre- Finally, the argument that the Marriage Pro- and the rights and responsibilities it entails. sented him with the opportunity. Unfortunately, tection Amendment is needed to stop activist I understand that this is an issue where the Republican leadership did not deem the judges and courts from forcing the American good people may disagree, and where many ban fit for a vote. people to accept gay marriage is unfounded, diverse faith traditions are brought to bear. But Instead, Congress squanders valuable time a fact evidenced by the numerous marriage- let’s be clear—if we leave the Constitution in- voting on matters that either have no bearing related bills—both in favor of and against tact, every church, every community, and on the real work at hand or are designed as same-sex marriage—currently pending in every State will still be free to define marriage divisive wedge issues. more than two dozen State legislatures around as they choose. Just yesterday the House voted to repeal the country. There is simply no Federal issue here and the District of Columbia’s 28-year-old assault That is why, if I were present, during the no need for a Federal solution. The Supreme weapons ban and to prohibit the DC Govern- vote for H.J. Res. 106, I would have voted Judicial Court of my State of Massachusetts ment from enacting such laws in the future. against the Marriage Protection Amendment. has found that our State law violates our State That was yesterday, Mr. Speaker. Today, In light of the fact that the first Presidential De- constitution. It’s a State matter, and we are the House, in another profile in courage, will bate is being held in my congressional district handling it in Massachusetts. devote valuable time to one of the most divi- on Thursday, I must remain in Florida. I have confidence in the people of Massa- sive of wedge issues—a vote on a constitu- Mr. HONDA. Mr. Speaker, I rise today in chusetts that we will arrive at a solution based tional amendment to ban gay marriage. strong opposition to H.J. Res. 106, the soon our laws and our values. The outcome will Are these the most pressing issues of the called Marriage Protection Amendment. This have no effect on the laws of other States. day for Congress? For the American people? measure seeks to amend the United States My Republican colleagues have decried Of course not. Al Qaeda will not stop at the Constitution and define marriage as the union heavy-handed solutions from Washington and borders of Washington, DC, in fear of our between a man and a woman, denying gays defended States’ rights. Vice President CHE- newly armed city, but tourists and other visi- and lesbians the right to marriage and the NEY has asserted that this is an issue for the tors might. And DC residents, Members of legal benefits that come with it. States to decide. So did Texas Governor Congress and their families will be at greater In the 200-year history of this great Nation, George Bush before he came to Washington risk. our Constitution has been amended a mere 17 and flip-flopped. Nor will our ports, railways, airports, and times since our Founders drafted the original I would plead with my colleagues who pride other critical infrastructure be more secure be- 10 amendments. themselves as ardent defenders of States’ cause we waste time on what is certain to be This amendment would be the first ever to rights and local control—we don’t need Fed- a failed Federal effort to ban gay marriage. strip a specific group of constitutional rights, eral interference in Massachusetts. States have long regulated marriage and I directly contravening our history of expanding We should be honest with our constituents do not believe that America has suffered from civil rights and liberties to the previously that the Federal Marriage Amendment on the this practice. I believe State legislatures and disenfranchised. House floor today has no chance of passage. courts are the proper arbiters of questions of This amendment appeals to many Ameri- It has already been rejected by the Senate. community values. On this issue there is bi- cans’ deeply held belief that marriage is a reli- Today’s vote is nothing more than a trans- partisan agreement. Indeed, four of the fea- gious covenant only between a man and a parent political gimmick. It’s a shameful as- tured speakers at the recent Republican con- woman.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4634 Sfmt 9920 E:\CR\FM\A30SE7.088 H30PT1 H7932 CONGRESSIONAL RECORD — HOUSE September 30, 2004 But marriage is also a legal contract, and the worth of that human being, while polyg- the ‘‘wage slave’’ system in the north. ‘‘If the fundamental principal of equal protection amists claimed it to be their ‘‘religious free- you are against slavery,’’ they in effect said, dictates that all citizens have access to the ‘‘then don’t own a slave.’’ dom’’ to engage in plural marriage, at the ex- By the mid-1850s, polygamy, which had benefits of such contracts. pense of their children and society. originally been the largely secret practice of The legal right to marry—be it man-to- When the Supreme Court usurped congres- the Mormon elite, had come out of the clos- woman or same-sex—is and must remain sep- sional power in the Dred Scott decision, claim- et. Polygamists claimed that attacks on arate from the religious one. ing that the Constitution contained a ‘‘right’’ to ‘‘plural marriage’’ were violations of their This amendment will exclude some Ameri- own a slave, the Republican Party, led by right to religious freedom. Later, some cans from the full range of human experience President Lincoln, steadfastly challenged the would bring lawsuits asking judges to invali- to which they are entitled under the full protec- decision. It is known that President Lincoln de- date laws against polygamy as unconstitu- tion of the law. Therefore, I believe that this tional. One of these cases would make it all feated at least one candidate who favored a the way to the Supreme Court. Apologists measure must be defeated. pro-choice position in regard to the issue of Mr. VITTER. Mr. Speaker, today I rise in for polygamy denied that plural marriage slavery. In addition, the Republicans made was harmful to children, and challenged sup- support of the constitutional amendment to Utah statehood contingent upon their inclusion porters of the ban on polygamy to prove that protect marriage as between one man and of a prohibition of polygamy in their State con- the existence of polygamous families in one woman. This is a very important issue for stitution. American society harmed their own congress to address, and I am glad to have These ‘‘archaic’’ moral disputes are un- monogamous marriages. They insisted that they merely wanted the right to be married been part of the movement to bring this legis- changed in modern debates. lation to the House floor. in their own way and left alone. Today, proponents of abortion, embryonic But the Republicans stood their ground, Marriage is a core institution of societies stem-cell research and cloning assert their throughout the world and throughout history. refusing to be intimidated by the invective ‘‘right’’ to create and destroy another human being hurled against them. They knew that It’s something that has provided permanence being at will, and thereby destroy the worth of polygamy and slavery were morally wrong and stability for our very social structure. that human being. In addition, the pervasive and socially corrosive. And they were pre- Today, statistics clearly show that couples philosophy of moral and sexual liberation pared to act on their moral convictions. who are married are happier and better off For the Republicans, the idea that human seeks to devalue the traditional, foundational economically, and that children who are raised beings could be reduced to the status of mere role of marriage, at the expense of children in homes with a traditional, two-person mar- ‘‘objects’’ to be bought and sold and ex- and society. ried couple are better off. The societal benefits ploited for the benefit of others was a pro- The defense of traditional marriage and the found violation of the intrinsic dignity of to protecting and promoting traditional mar- protection of all life as equal and of intrinsic creatures made in the image and likeness of riage are, in fact, numerous. God. Similarly, the idea that marriage could In my home state of Louisiana, we voted worth in the eyes of our Creator, are inherent, core beliefs of the Republican Party. We be redefined to accommodate a man’s desire just recently on a statewide constitutional for multiple sexual partners was, as they saw amendment to define marriage in the tradi- would do well to recall this truth, and to bring it, deeply contrary to the meaning of mar- tional sense as between one man and one it to bear on our modern topics of discussion. riage as joining a man and a woman in a per- woman. The amendment passed with 78 per- We must defend the sanctity of life by oppos- manent and exclusive bond. cent, which clearly shows that an over- ing abortion and embryo-destructive research, In the great moral struggles of the 19th and we must defend marriage as the perma- century, the Republicans sought advantage whelming majority of Louisianians want to see in every morally legitimate and available this legislation passed today. nent union between one man and one women, in order to maintain the moral and structural way. When appropriate, they would accept Some opponents of this measure claim that strategic compromises on the road to vic- states should decide. I strongly believe in let- stability of our Nation. tory; but they would not compromise away ting states decide issues for themselves, and Mr. Speaker, I am pleased to stand in sup- their principles. Congress tried this approach in 1996 with the port of marriage today in the tradition of the When in the Dred Scott decision the Su- Defense of Marriage Act. It passed and was Party of Lincoln—the Republican Party. I urge preme Court of the United States announced signed into law, but today that law, and with my colleagues of both parties to do the same its discovery of what amounted to a con- and vote in support of H.J. Res. 106, the Mar- stitutional right of slaveholding, Lincoln it the clear will of the American people, is and other leading Republicans refused to being chiseled away by opponents. riage Protection Amendment. treat the case as a binding precedent. They States—and more importantly, the people— [From National Review on Line, Aug. 30, would not bow to judicial usurpation. When will soon have their rights to decide this issue 2004] Utah sought admission as a state, the Repub- taken from them, by judges from some other REPUBLICANS AND THE RELICS OF BARBARISM: lican-controlled Congress made statehood part of the country. Not one state has decided MORAL CONVICTION MADE THE GOP THE GOP conditional upon incorporation of a prohibi- by either popular referendum or legislative ac- (By Robert P. George and William L. tion of polygamy into the state constitution. Saunders) As Republicans gather in New York this tion to agree to anything other than marriage week, they would do well to remember their In the middle of the 19th century, a new as between a man and a woman. moral heritage. The twin relics of barbarism So I encourage and implore my colleagues political party emerged dedicated to two have returned in distinctively modern garb. today to support and vote for this measure, so great moral struggles. The Republican party Abortion and embryo-destructive research that our states and our citizens can decide pledged to fight the ‘‘twin relics of barba- are premised on the proposition that some rism’’: slavery and polygamy. human beings—those in the embryonic and these matters for themselves. By then, slavery was deeply entrenched in Mr SOUDER. Mr. Speaker, this afternoon, fetal stages of development—may legiti- the culture of the American south. What mately be reduced to objects that can be cre- during debate on the Marriage Protection some had regarded as ‘‘necessary evil’’ that Amendment, the Minority Leader referenced ated and destroyed for the benefit of others. would gradually die out had been given a At the same time, the ideology of sexual the ‘‘Party of Lincoln’’ and it support for the new lease on life by technological develop- liberationism threatens to undercut the tra- freedom of all people, including slaves. She ments, and by the emergence of profitable ditional understanding of marriage as the made reference to Lincoln and his party in an overseas markets for cotton. An entire social permanent and exclusive union of one and effort to criticize the Republican Party for its and economic system was built on slavery. one woman. stand in support of marriage as solely be- No longer was it reasonable to hope that the A familiar mantra of ‘‘pro-choice’’ politi- ‘‘peculiar institution,’’ and with it the moral cians is that abortion should be ‘‘safe, legal, tween one man and one woman. controversy convulsing the nation, would Mr. Speaker, I’d like to insert an article into and rare.’’ Now, however, they seek to vali- quietly fade away. Powerful interests had a date and fund a massive industry that would the RECORD that documents the Republican stake not only in maintaining the slave sys- create human beings for the precise purpose Party’s historical support—even at its begin- tem, but in extending it into the western ter- of destroying them during the embryonic ning—for the institution of marriage. The arti- ritories of the United States. stage of development in biomedical research. cle by Robert P. George and William L. Saun- So the Republicans faced a daunting chal- What happened with slavery is now hap- ders entitled, ‘‘Republicans and the Relics of lenge. Pro-slavery Democrats condemned pening with embryo-killing: The people who Barbarism: Moral Conviction made the GOP them as ‘‘fanatics’’ and ‘‘zealots’’ who sought use to define it as a ‘‘necessary evil’’ to be the GOP,’’ discusses the moral debates that to impose their religious scruples and moral resisted or lessened by means other than values on others. Slaveholders demanded legal prohibition now promote it as a social defined the Republican Party in the 1800s. that they ‘‘mind their own business’’ and good—something that law and government The issues of polygamy and slavery were at stay out of the ‘‘domestic’’ and ‘‘private’’ af- should not only tolerate but embrace and the center of those debates. fairs of others. Defenders of a ‘‘right’’ to own even promote. Slaveholders clamored for their ‘‘right’’ to slaves pointedly invited northern abolition- At the same time, the sexual-liberationist own another human being, thereby destroying ists to redirect their moral outrage towards movement seeks to undermine traditional

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.093 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7933 understandings of the meaning and signifi- reserved to the States respectively, or to the [Roll No. 484] cance of human sexuality. The attempt to people.’’ YEAS—227 abolish the legal concept of marriage as the one-flesh union of a man and a woman is No Congress ever has seen fit to amend the Aderholt Gillmor Pearce part of a larger effort to ‘‘liberate’’ people Constitution to address any issue related to Akin Gingrey Pence marriage. No Constitutional Amendment was Alexander Goode Peterson (MN) from what the cultural-political Left regards Bachus Goodlatte Peterson (PA) as outmoded and repressive ideas about the needed to ban polygamy or bigamy, nor was Baker Gordon Petri centrality of procreation and the moral re- a Constitutional Amendment needed to set a Ballenger Granger Pickering quirement of fidelity in human sexual rela- uniform age of majority to ban child marriages. Barrett (SC) Graves Pitts tionships. Even some leading ‘‘conservative’’ Bartlett (MD) Green (WI) Platts advocates of ‘‘same-sex marriage’’ have an- So why do proponents argue that we must Barton (TX) Gutknecht Pombo nounced their moral acceptance of promis- take this unprecedented step now to ban Beauprez Hall Porter same-sex marriages? Berry Harris Portman cuity; one has gone so far as to proclaim the Bilirakis Hart Putnam ‘‘spiritual value’’ of ‘‘anonymous sex.’’ In- They claim that without the Amendment, Bishop (GA) Hastert Quinn creasingly, critics of traditional morality states will be forced to recognize same-sex Bishop (UT) Hastings (WA) Radanovich are willing explicitly to invoke the author- Blackburn Hayes Rahall ity of ancient pagan civilizations in which marriage performed in other states. Yet the Blunt Hayworth Ramstad practices (including abortion, infanticide, Defense of Marriage Act not only prohibits fed- Boehner Hefley Regula and homosexual conduct) condemned by the eral recognition of same-sex marriages, it al- Bonilla Hensarling Rehberg lows individual states to refuse to recognize Bonner Herger Renzi Judeo-Christian ethic sometimes flourished. Boozman Herseth Reynolds Critics of the Republican stand in defense such unions performed in other states. And in Boucher Hoekstra Rogers (AL) of marriage and the sanctity of human life— the eight years that have passed since its en- Boyd Holden Rogers (KY) including some within the party—echo the actment, DOMA never has been invalidated in Bradley (NH) Hulshof Rogers (MI) arguments of 19th-century apologists for the any court in the country. The authors of Brady (TX) Hyde Rohrabacher relics of barbarism. They accuse pro-life and Brown (SC) Isakson Ross pro-family Republicans of being ‘‘religious DOMA took the greatest pains to write a law Brown-Waite, Issa Royce Ginny Istook Ryan (WI) fanatics’’ who disrespect people’s liberty and that is constitutional and will withstand judicial challenges. Burgess Jefferson Ryun (KS) seek to ‘‘impose their values’’ on others. ‘‘If Burns Jenkins Sandlin you are against abortion,’’ they say, ‘‘then Proponents also claim that amending the Burr John Saxton don’t have an abortion.’’ They maintain— Constitution is the only way to prevent so- Burton (IN) Johnson (IL) Schrock often disingenuously—that legal recognition called ‘‘activist judges’’ from legislating matters Buyer Johnson, Sam Scott (GA) of the ‘‘marriages’’ of same-sex partners will Calvert Jones (NC) Sensenbrenner not harm or weaken traditional marriages. of same-sex marriage. Yet amending the Con- Camp Keller Sessions Cantor Kelly Shadegg These arguments fare no better as defenses stitution to address marriage could invite federal judicial review not only of marriage, but of Capito Kennedy (MN) Shaw of human-embryo killing and the redefini- Carson (OK) King (IA) Sherwood tion of marriage than they did of slavery and divorce, child custody, inheritance, adoption, Carter King (NY) Shimkus polygamy. Justice requires that all human and other issues of family law. Not only would Chabot Kingston Shuster beings irrespective of race or color, but also this violate the principles of federalism, it Chandler Kline Simpson irrespective of age, or size, or stage of devel- would create very bad public policy. Chocola LaHood Skelton opment, be afforded the protection of the Coble Lampson Smith (MI) Cole Latham Smith (NJ) laws. The common good requires that the Mr. Speaker, no legislature in the country has established same-sex marriage in statute. Collins LaTourette Smith (TX) laws reflect and promote a sound under- Cooper Lewis (CA) Souder standing of marriage as uniting one man and In fact, 39 states, including Illinois, have Costello Lewis (KY) Spratt one woman in a bond founded upon the bod- adopted laws limiting marriage to one man Cramer Linder Stearns ily communion made possible by their repro- and one woman. Crane LoBiondo Stenholm ductive complementarity. Crenshaw Lucas (KY) Sullivan An influential minority in the Republican I urge my colleagues to have faith in our Cubin Lucas (OK) Tancredo Culberson Manzullo Tanner Party proposes abandoning, or at least soft- system of government, keep marriage out of the Constitution, and allow the states to con- Cunningham Marshall Taylor (MS) pedaling, the Party’s commitments to the Davis (AL) Matheson Taylor (NC) sanctity of human life and the dignity of tinue to exercise what is best left to them. Davis (TN) McCotter Terry marriage and the family. They say that so- The SPEAKER pro tempore (Mr. Davis, Jo Ann McCrery Thomas cial issues are ‘‘too divisive.’’ They suppose Davis, Tom McHugh Thompson (MS) SIMPSON). All time for debate has ex- Deal (GA) McIntyre Thornberry that the easy road to Republican electoral pired. success is as the party of low taxes and low DeLay McKeon Tiahrt Pursuant to House Resolution 801, DeMint Mica Tiberi morals. They counsel capitulation to judges Doolittle Miller (FL) Toomey who usurp the constitutional authority of the joint resolution is considered read Duncan Miller (MI) Turner (OH) the American people and their elected rep- for amendment, and the previous ques- Edwards Miller, Gary Upton resentatives. tion is ordered. Ehlers Moran (KS) Vitter Let Republicans be mindful of their herit- Emerson Murphy Walden (OR) age. It was moral conviction—and the cour- The question is on the engrossment English Musgrave Walsh age to act on moral conviction—that gave and third reading of the joint resolu- Etheridge Myrick Wamp tion. Everett Neugebauer Weldon (FL) birth to the Republican party and made it Feeney Ney Weldon (PA) grand. Now it is old, but need not be any less The joint resolution was ordered to Ferguson Northup Weller grand. By summoning the moral courage be engrossed and read a third time, and Flake Norwood Whitfield that enabled their Party to stand proudly was read the third time. Forbes Nunes Wicker against the twin relics of barbarism in the Ford Nussle Wilson (NM) 19th century, Republicans can bring honor The SPEAKER pro tempore. The Fossella Ortiz Wilson (SC) upon themselves in the great moral struggles question is on the passage of the joint Franks (AZ) Osborne Wolf Gallegly Otter Young (AK) of our own day. resolution. Garrett (NJ) Oxley Young (FL) Mrs. BIGGERT. Mr. Speaker, I rise in oppo- The question was taken. NAYS—186 sition to H.J. Res. 106, the Marriage Protec- Mr. FRANK of Massachusetts. Mr. tion Amendment. Passage of this resolution Abercrombie Brown (OH) DeGette Speaker, on that I demand the yeas Ackerman Butterfield Delahunt will not protect marriage, and I am concerned and nays. Allen Capps DeLauro it will create the opposite effect of what its pro- The yeas and nays were ordered. Andrews Capuano Deutsch ponents seek to accomplish. Baca Cardin Dicks Let me first state that I believe that marriage The SPEAKER pro tempore. Pursu- Baird Cardoza Dingell ant to clauses 8 and 9 of rule XX, this Baldwin Carson (IN) Doggett is a sacred union between one man and one Bass Case Dooley (CA) woman. I strongly support the federal Defense 15-minute vote on House Joint Resolu- Becerra Castle Doyle of Marriage Act (DOMA) passed by Congress tion 106 will be followed by 5-minute Bell Clay Dreier votes on motions to suspend the rules Berkley Clyburn Emanuel and signed into law in 1996. Berman Conyers Engel Second, marriage is an issue that our on House Concurrent Resolution 501 Biggert Cox Eshoo Founding Fathers wisely left to the states. Arti- and House Resolution 792. Bishop (NY) Crowley Evans cle X of the Constitution states, ‘‘The powers The vote was taken by electronic de- Blumenauer Cummings Farr Bono Davis (CA) Fattah not delegated to the United States by the Con- vice, and there were—yeas 227, nays Boswell Davis (FL) Filner stitution, nor prohibited by it to the States, are 186, not voting 20, as follows: Brady (PA) DeFazio Foley

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.071 H30PT1 H7934 CONGRESSIONAL RECORD — HOUSE September 30, 2004 Frank (MA) Larson (CT) Rodriguez The vote was taken by electronic de- Peterson (PA) Saxton Thompson (CA) Frelinghuysen Leach Rothman vice, and there were—yeas 391, nays 0, Petri Schakowsky Thompson (MS) Frost Lee Roybal-Allard Pickering Schiff Thornberry Gephardt Levin Ruppersberger not voting 42, as follows: Pitts Schrock Tiahrt Gerlach Lewis (GA) Rush Platts Scott (GA) [Roll No. 485] Tiberi Gibbons Lipinski Ryan (OH) Pombo Scott (VA) Tierney Gilchrest Lofgren Sabo YEAS—391 Pomeroy Sensenbrenner Toomey Gonzalez Lowey Sa´ nchez, Linda Porter Serrano Towns Abercrombie Deutsch Keller Green (TX) Lynch T. Portman Sessions Turner (OH) Aderholt Dicks Kelly Greenwood Majette Sanchez, Loretta Price (NC) Shadegg Turner (TX) Akin Dingell Kennedy (MN) Grijalva Maloney Sanders Pryce (OH) Shaw Udall (CO) Gutierrez Markey Schakowsky Alexander Doggett Kennedy (RI) Putnam Shays Allen Dooley (CA) Kildee Udall (NM) Hill Matsui Schiff Quinn Sherman Upton Hinchey McCarthy (MO) Scott (VA) Andrews Doolittle Kind Radanovich Sherwood Baca Doyle King (IA) Van Hollen Hinojosa McCarthy (NY) Serrano Rahall Shuster Vela´ zquez Hobson McCollum Shays Baird Dreier Kingston Ramstad Simmons Visclosky Hoeffel McDermott Sherman Baker Duncan Kirk Regula Simpson Vitter Holt McGovern Simmons Baldwin Edwards Kleczka Rehberg Skelton Walden (OR) Honda McInnis Slaughter Ballenger Ehlers Kline Renzi Slaughter Walsh Hooley (OR) McNulty Smith (WA) Barrett (SC) Emerson Knollenberg Reynolds Smith (MI) Wamp Hostettler Meehan Snyder Bartlett (MD) Engel Kolbe Rodriguez Smith (NJ) Houghton Michaud Solis Barton (TX) English Kucinich Rogers (AL) Smith (TX) Waters Hoyer Millender- Stark Bass Eshoo LaHood Rogers (KY) Smith (WA) Watson Inslee McDonald Strickland Beauprez Etheridge Lampson Rogers (MI) Snyder Watt Israel Miller (NC) Stupak Becerra Evans Langevin Rohrabacher Solis Waxman Jackson (IL) Miller, George Sweeney Bell Everett Lantos Ross Souder Weiner Jackson-Lee Mollohan Tauscher Berkley Farr Larsen (WA) Rothman Spratt Weldon (FL) (TX) Moore Thompson (CA) Berman Fattah Larson (CT) Roybal-Allard Stearns Weldon (PA) Johnson (CT) Moran (VA) Tierney Berry Feeney Latham Royce Stenholm Weller Johnson, E. B. Nadler Towns Biggert Ferguson LaTourette Ruppersberger Strickland Wexler Jones (OH) Napolitano Turner (TX) Bilirakis Filner Leach Rush Stupak Whitfield Kanjorski Neal (MA) Udall (CO) Bishop (GA) Flake Lee Ryan (OH) Sullivan Wicker Kaptur Obey Udall (NM) Bishop (NY) Foley Levin Ryan (WI) Sweeney Wilson (NM) Kennedy (RI) Olver Van Hollen Bishop (UT) Forbes Lewis (CA) Ryun (KS) Tancredo Wilson (SC) Kildee Ose Vela´ zquez Blackburn Ford Lewis (GA) Sabo Tanner Wolf Kilpatrick Owens Visclosky Blumenauer Fossella Lewis (KY) Sa´ nchez, Linda Tauscher Woolsey Kind Pallone Waters Blunt Frank (MA) Linder T. Taylor (MS) Wu Kirk Pascrell Watson Boehner Franks (AZ) LoBiondo Sanchez, Loretta Taylor (NC) Wynn Kleczka Pastor Watt Bonilla Frelinghuysen Lofgren Sanders Terry Young (AK) Knollenberg Paul Waxman Bonner Frost Lowey Sandlin Thomas Young (FL) Kolbe Payne Weiner Bono Gallegly Lucas (OK) Kucinich Pelosi Wexler Boozman Garrett (NJ) Lynch NOT VOTING—42 Langevin Pomeroy Woolsey Boucher Gephardt Majette Ackerman Greenwood Meeks (NY) Lantos Price (NC) Wu Boyd Gerlach Maloney Bachus Gutknecht Menendez Larsen (WA) Pryce (OH) Wynn Bradley (NH) Gibbons Manzullo Boehlert Harman Miller, Gary Brady (PA) Gilchrest Markey Boswell Hastings (FL) Murtha NOT VOTING—20 Brown (OH) Gillmor Marshall Brady (TX) Hayes Myrick Boehlert Harman Nethercutt Brown (SC) Gingrey Matheson Brown, Corrine Hunter Nethercutt Brown-Waite, Gonzalez Matsui Brown, Corrine Hastings (FL) Oberstar Cannon Istook Oberstar Ginny Goode McCarthy (MO) Cannon Hunter Rangel Davis (IL) Johnson (CT) Olver Burgess Goodlatte McCarthy (NY) Davis (IL) Meek (FL) Reyes Davis, Tom Kilpatrick Rangel Diaz-Balart, L. Meeks (NY) Burns Gordon McCotter Deal (GA) King (NY) Reyes Ros-Lehtinen Burr Granger McCrery Diaz-Balart, M. Menendez Tauzin Diaz-Balart, L. Lipinski Ros-Lehtinen Dunn Murtha Burton (IN) Graves McDermott Diaz-Balart, M. Lucas (KY) Shimkus Butterfield Green (TX) McGovern Dunn McCollum Stark ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Buyer Green (WI) McHugh Emanuel Meek (FL) Tauzin The SPEAKER pro tempore (Mr. Calvert Grijalva McInnis Camp Gutierrez McIntyre ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE SIMPSON) (during the vote). Members Cantor Hall McKeon The SPEAKER pro tempore (Mr. are advised 2 minutes remain in this Capito Harris McNulty SIMPSON) (during the vote). Members vote. Capps Hart Meehan Capuano Hastert Mica are advised there are 2 minutes remain- Cardin Hastings (WA) Michaud ing in this vote. b 1725 Cardoza Hayworth Millender- Mr. NADLER changed his vote from Carson (IN) Hefley McDonald b 1732 Carson (OK) Hensarling Miller (FL) ‘‘yea’’ to ‘‘nay.’’ Carter Herger Miller (MI) So (two-thirds having voted in favor So (two-thirds not having voted in Case Herseth Miller (NC) thereof) the rules were suspended and favor thereof) the joint resolution was Castle Hill Miller, George the concurrent resolution was agreed Chabot Hinchey Mollohan not passed. Chandler Hinojosa Moore to. The result of the vote was announced Chocola Hobson Moran (KS) The result of the vote was announced as above recorded. Clay Hoeffel Moran (VA) as above recorded. A motion to reconsider was laid on Clyburn Hoekstra Murphy A motion to reconsider was laid on Coble Holden Musgrave the table. Cole Holt Nadler the table. Collins Honda Napolitano f f Conyers Hooley (OR) Neal (MA) Cooper Hostettler Neugebauer HONORING UNITED NEGRO COL- HONORING LIFE AND WORK OF Costello Houghton Ney LEGE FUND ON 60TH ANNIVER- Cox Hoyer Northup DUKE ELLINGTON Cramer Hulshof Norwood SARY The SPEAKER pro tempore. The un- Crane Hyde Nunes The SPEAKER pro tempore. The un- Crenshaw Inslee Nussle finished business is the question of sus- Crowley Isakson Obey finished business is the question of suspending the rules and agreeing to the Cubin Israel Ortiz pending the rules and agreeing to the concurrent resolution, H. Con. Res. 501. Culberson Issa Osborne resolution, H. Res. 792. The Clerk read the title of the con- Cummings Jackson (IL) Ose The Clerk read the title of the resolu- Cunningham Jackson-Lee Otter current resolution. Davis (AL) (TX) Owens tion. The SPEAKER pro tempore. The Davis (CA) Jefferson Oxley The SPEAKER pro tempore. The question is on the motion offered by Davis (FL) Jenkins Pallone question is on the motion offered by Davis (TN) John Pascrell the gentleman from Georgia (Mr. Davis, Jo Ann Johnson (IL) Pastor the gentleman from Georgia (Mr. BURNS) that the House suspend the DeFazio Johnson, E. B. Paul BURNS) that the House suspend the rules and agree to the concurrent reso- DeGette Johnson, Sam Payne rules and agree to the resolution, H. lution, H. Con. Res. 501 on which the Delahunt Jones (NC) Pearce Res. 792, on which the yeas and nays DeLauro Jones (OH) Pelosi yeas and nays are ordered. DeLay Kanjorski Pence are ordered. This will be a 5-minute vote. DeMint Kaptur Peterson (MN) This will be a 5-minute vote.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.062 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7935 The vote was taken by electronic de- Pitts Schiff Thompson (MS) Members’ offices by the end of this Platts Schrock Thornberry vice, and there were—yeas 386, nays 0, Pombo Scott (GA) Tiahrt week. We may also consider one or not voting 46, as follows: Pomeroy Scott (VA) Tiberi more motions to go to conference. Any Porter Sensenbrenner Tierney [Roll No. 486] votes called on those measures will be Portman Serrano Toomey rolled until 6:30 p.m. YEAS—386 Price (NC) Sessions Towns Pryce (OH) Shadegg Turner (OH) On Tuesday and the balance of the Abercrombie Dicks Kennedy (RI) Putnam Shaw Turner (TX) week, it is likely that we will consider Aderholt Dingell Kildee Quinn Shays Udall (CO) additional legislation under suspension Akin Doggett Kind Radanovich Sherman Udall (NM) of the rules. We also expect to consider Alexander Dooley (CA) King (IA) Rahall Sherwood Upton Allen Doolittle Kingston Ramstad Shuster Van Hollen three bills under a rule: S. 878, the Andrews Doyle Kirk Regula Simmons Vela´ zquez Bankruptcy Judgeship Act; H.R. 5107, Baca Dreier Kleczka Rehberg Simpson Visclosky the Justice For All Act; and H.R. 10, Bachus Duncan Kline Renzi Skelton Vitter Baird Edwards Knollenberg Reynolds Slaughter Walden (OR) the 9/11 Commission Implementation Baker Ehlers Kolbe Rodriguez Smith (MI) Walsh Act. Baldwin Emerson Kucinich Rogers (AL) Smith (NJ) Wamp In addition, there are a number of po- Barrett (SC) Engel LaHood Rogers (KY) Smith (TX) Waters tential conference reports that we are Bartlett (MD) English Lampson Rohrabacher Smith (WA) Watson Barton (TX) Eshoo Langevin Ross Snyder Watt working through, including several ap- Bass Etheridge Lantos Rothman Solis Waxman propriations bills, the American Jobs Beauprez Evans Larsen (WA) Roybal-Allard Souder Weiner Creation Act, and the Department of Becerra Everett Larson (CT) Royce Spratt Weldon (FL) Bell Farr Latham Ruppersberger Stearns Weldon (PA) Defense Authorization bill. Members Berkley Fattah LaTourette Rush Stenholm Weller should be aware that these conference Berman Feeney Leach Ryan (OH) Strickland Wexler reports may be brought to the floor at Berry Ferguson Lee Ryan (WI) Stupak Whitfield any time next week. Biggert Filner Levin Ryun (KS) Sweeney Wicker Bilirakis Flake Lewis (CA) Sabo Tancredo Wilson (NM) Finally, I would like to note, Mr. Bishop (GA) Forbes Lewis (GA) Sa´ nchez, Linda Tanner Wilson (SC) Speaker, that we are expecting to con- Bishop (NY) Ford Lewis (KY) T. Tauscher Wolf sider a second supplemental request for Bishop (UT) Fossella Linder Sanchez, Loretta Taylor (MS) Woolsey Blackburn Frank (MA) LoBiondo Sanders Taylor (NC) Wu disaster relief sometime next week. We Blumenauer Franks (AZ) Lofgren Sandlin Terry Wynn may have additional requests resulting Blunt Frelinghuysen Lowey Saxton Thomas Young (AK) from Hurricane Jeanne, so we are Boehner Frost Lucas (OK) Schakowsky Thompson (CA) Young (FL) Bonilla Gallegly Lynch working through these requests and Bonner Garrett (NJ) Majette NOT VOTING—46 trying to figure out how best to address Bono Gephardt Maloney Ackerman Greenwood Miller, Gary these needs. Boozman Gerlach Manzullo Ballenger Gutknecht Murtha Obviously, we are expecting a very Boucher Gibbons Markey Boehlert Harman Nethercutt Boyd Gilchrest Marshall busy week. Members should expect to Boswell Hastings (FL) Oberstar Bradley (NH) Gillmor Matheson Brady (TX) Hayes work some late nights and possibly Brady (PA) Gingrey Matsui Olver Brown, Corrine Hefley Peterson (PA) into Friday evening or Saturday as we Brown (OH) Gonzalez McCarthy (MO) Cannon Hunter Brown (SC) Goode McCarthy (NY) Rangel resolve these important pieces of legis- Capps Johnson (CT) Reyes lation. Brown-Waite, Goodlatte McCotter Davis (IL) Kilpatrick Rogers (MI) Ginny Gordon McCrery Davis, Tom King (NY) I thank the gentleman for yielding, Ros-Lehtinen Burgess Granger McDermott Deal (GA) Lipinski and I will be happy to answer any ques- Burns Graves McGovern Shimkus Diaz-Balart, L. Lucas (KY) tions he may have. Burr Green (TX) McHugh Diaz-Balart, M. McCollum Stark Burton (IN) Green (WI) McInnis Dunn Meek (FL) Sullivan Mr. HOYER. Mr. Speaker, I thank Butterfield Grijalva McIntyre Emanuel Meeks (NY) Tauzin the majority leader for the informa- Buyer Gutierrez McKeon Foley Menendez tion. I want to assure the leader, as he Calvert Hall McNulty Camp Harris Meehan ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE says we ought to be, that the Members Cantor Hart Mica The SPEAKER pro tempore (during on this side are, in fact, prepared to Capito Hastings (WA) Michaud spend the time necessary to address Capuano Hayworth Millender- the vote). Members are advised there Cardin Hensarling McDonald are 2 minutes remaining in this vote. the important issues, as the leader re- Cardoza Herger Miller (FL) quests. And I want to assure the leader Carson (IN) Herseth Miller (MI) b 1740 of our cooperation in being ready to do Carson (OK) Hill Miller (NC) our work. Carter Hinchey Miller, George So (two-thirds having voted in favor Case Hinojosa Mollohan thereof) the rules were suspended and Mr. Leader, initially, may I ask, the Castle Hobson Moore the resolution was agreed to. motions to instruct, can the gentleman Chabot Hoeffel Moran (KS) The result of the vote was announced give us a time when those might occur, Chandler Hoekstra Moran (VA) Chocola Holden Murphy as above recorded. and will they occur relatively close to Clay Holt Musgrave A motion to reconsider was laid on the votes, the suspension votes at the Clyburn Honda Myrick the table. end of the day? I yield to my friend. Coble Hooley (OR) Nadler Mr. DELAY. Mr. Speaker, I appre- Cole Hostettler Napolitano f ciate the gentleman yielding. As the Collins Houghton Neal (MA) LEGISLATIVE PROGRAM Conyers Hoyer Neugebauer gentleman knows, we have three appro- Cooper Hulshof Ney (Mr. HOYER asked and was given priations bills that are out there that Costello Hyde Northup permission to address the House for 1 Cox Inslee Norwood are eligible for motions to instruct. I Cramer Isakson Nunes minute.) do not know of any others. They are Crane Israel Nussle Mr. HOYER. Mr. Speaker, I would be available when those Members want to Crenshaw Issa Obey glad to yield to my friend, the gen- bring a motion to instruct, and we are Crowley Istook Ortiz Cubin Jackson (IL) Osborne tleman from Texas (Mr. DELAY), the trying to fit them in as best we can Culberson Jackson-Lee Ose majority leader, for the purpose of in- during the week. Cummings (TX) Otter forming us of the schedule for next Mr. HOYER. I thank the leader for Cunningham Jefferson Owens week. that information. Davis (AL) Jenkins Oxley Davis (CA) John Pallone Mr. DELAY. Mr. Speaker, I thank the Mr. Leader, as all of us know, today Davis (FL) Johnson (IL) Pascrell gentleman from Maryland for yielding is the end of the current fiscal year, Davis (TN) Johnson, E. B. Pastor to me. and 12 of the 13 2005 appropriation bills Davis, Jo Ann Johnson, Sam Paul DeFazio Jones (NC) Payne Mr. Speaker, next week the House have not been passed. We do not have a DeGette Jones (OH) Pearce will convene on Monday at 12:30 p.m. budget. The new fiscal year starts to- Delahunt Kanjorski Pelosi for morning hour and 2 p.m. for legisla- morrow. The highway program is still DeLauro Kaptur Pence tive business. We will consider several pending. We extended that for 8 DeLay Keller Peterson (MN) DeMint Kelly Petri measures under suspension of the rules. months. The FSC bill, which is sub- Deutsch Kennedy (MN) Pickering A final list of those bills will be sent to jecting businesses in the country doing

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.113 H30PT1 H7936 CONGRESSIONAL RECORD — HOUSE September 30, 2004 business in Europe to an additional 11 the American people and American and a counterterrorism center. There is percent tariff is still not passed. The families safer, and we want to get it more to protecting the American peo- energy bill, obviously we have not got- out as quickly as possible. ple than creating a new bureaucracy ten to at this point in time. We have Mr. HOYER. Reclaiming my time, I and keeping our borders safe, giving not enacted legislation on the intel- appreciate the leader’s assertion of our law enforcement officials more ligence apparatus, although I under- wanting to keep America safe, and I tools to go after terrorists. There are stand the 9/11 Commission Implementa- think that he speaks for 435 of us in many things that we need to be doing. tion Act that the gentleman speaks to. that regard. He certainly speaks for Having said that, the bill the gen- Mr. Leader, on that, might I ask this me, but I think he speaks for all of us. tleman refers to may not be the bill question: there is a bill in the Senate In that vein, as I indicated to the that comes out of the Senate because I and there is a bill that has been intro- gentleman from California (Mr. have been informed that there are over duced in the House that mirrors essen- DREIER) two weeks ago, as I indicated 100 amendments, 100 amendments, filed tially the 9/11 Commission report. Is to the gentleman last week, while we for the debate in the other body. So that the bill to which the gentleman is apparently have a difference of opinion who knows what that bill is going to referring, or the bill that is in the proc- on the Senate bill, which is introduced look like when it comes out of the ess apparently of being marked up and, here in a bipartisan fashion on this side other body, and I think it would be apparently, at some point in time, will of the Capitol, I believe that we have highly irresponsible for this House to be put together to come to the floor? overwhelming support on this side for pick up something that came out of the Which of those three alternatives does that proposition. In light of the fact Senate committee and bring it down the gentleman refer to? I yield to my that we are interested, as the gen- here on the floor, unseen by most Mem- friend. tleman says, in protecting America and bers and not worked on by our commit- Mr. DELAY. Mr. Speaker, I appre- implementing this legislation in as tees, and just vote on it, up and down. ciate the gentleman yielding. The gen- timely a fashion as possible, might it I do not think that keeps the American tleman touched on many issues; I will not be in pursuit of that objective ad- people safer. take the 9/11 Commission Implementa- visable to allow that bill to be on the Mr. HOYER. Mr. Speaker, I thank tion Act first. floor either in lieu of the bill that, the gentleman. I will simply observe I do not agree with the gentleman’s frankly, has been marked up by my that although the votes may have been characterization of the Senate bill, be- colleague’s party exclusively? bipartisan, and I will tell my colleague cause what I have seen in the Senate I have talked to all of our ranking very honestly, there is no confusion and what they are debating nowhere members on the committees that the over here on the timing of this bill. mirrors the 9/11 Commission Report or gentleman talked to. All of them be- The gentleman expects Democrats to all of its recommendations. lieve they have been informed of what either vote for it or to be attacked was going on, but they were not par- about being against protecting the b 1745 ticipants in the drafting of the legisla- American people if they vote against The bill being marked up by the tion. As a result, there may be greater it. We went through the creation of a House all of this week does mirror contention than would be hopefully bureaucracy, the Homeland Security every recommendation by the 9/11 Com- called for if, in fact, we want to pass Department. I voted against it. I think mission in one way or another, and the legislation as quickly as possible. it was not what was needed. What was that is why it has taken us longer to In addition, it is my understanding needed was the coordination of infor- get it through all our 12 committees. It that there are substantial differences mation. I said that at the time. is going to take us a little longer to get between the Senate bill and the House The commission in a bipartisan way it to the floor. I expect that, looking at bill, which may require a very long has said that is what is needed. We still all the work that needs to be done in conference, rather than short con- know that there is not the kind of co- order to bring that bill to the floor, we ference, if we do not pass something ordination of information gathering, would have to pass that bill sometime that is relatively compatible in the analysis and recommendation for im- next week, probably at the end of the first instance. plementation of action based upon the week. I believe there is a good chance I would be glad to yield to my friend. information gathered that we would that the Senate could pass their Mr. DELAY. Mr. Speaker, the gen- like to have. The 9/11 Commission version even this week. tleman brings up many issues. found that. Assuming that both bodies pass next First and foremost, I do not know if Furthermore, the 9/11 Commission, as week, I would expect that we could ap- the gentleman has been advised, but I I understand it, has indicated support point conferees next week and work to- would refer the gentleman to the votes of the Senate bill as it came out of wards completing a conference report of the committees that have been committee. as soon as possible. In planning their marking up this bill. If I do recall ex- Now, there are obviously a lot of schedules, Members should know that a actly what the vote was, it was a very other things that need to be dealt with, conference report could be completed bipartisan effort. I think and I hope including items that are either in the later in October, and that if it was that the bill that is coming to the PATRIOT Act or could have been in completed, the House would certainly House floor is very strongly supported the PATRIOT Act. Those items in come back and vote on it. by both sides. some respects are very controversial. Mr. HOYER. Reclaiming my time, on In the Permanent Select Committee One of the problems, very frankly, that that last point, I have heard a rumor or on Intelligence, for instance, I think we have found in getting legislation discussion about the possibility of com- there was a 17-to-2 vote in passing that passed, as the gentleman knows, in a ing back on November 1, the day before bill out. Now, 17 to two tells me that relatively short period of time has been the election to vote on the conference most of the Democrats and most of the the addition of very controversial report. Can the majority leader tell me Republicans voted for that bill. So I am items, not necessarily related directly whether there is any merit to that very encouraged by the markups that to what the 9/11 Commission had rec- speculation? I yield to my friend. we are having and the kind of support ommended, and because of the con- Mr. DELAY. Mr. Speaker, I appre- that the Democrats and Republicans troversial nature of those additions, as ciate the gentleman informing me of are showing for the product that is it has occurred in other legislation, rumors, but that is a rumor that I have being put together. will slow that legislation down. not yet heard nor has anyone discussed Having said that, the gentleman may Mr. DELAY. Mr. Speaker, if the gen- such a thing. I would hope that the support the bill that came out of the tleman would yield, the gentleman ob- conference committee could go to work Senate committee. I looked at it. I viously did not read the 9/11 Commis- immediately and complete this as soon think it is woefully lacking in suffi- sion recommendations because many of as possible. It is important. cient reforms, particularly in immigra- those recommendations were very gen- The conference report, as it comes tion policy, border security, law en- eral in nature, very unspecific. Yet, we out, I am sure will have many reforms forcement. It basically is a bill that took their recommendations in those that need to be implemented to keep creates a national intelligence director areas and did actual detailed pieces of

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.115 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7937 legislation, much beyond what the 9/11 think this is a proper forum to debate b 1800 Commission even envisioned because the bill, and I am not prepared to de- The appropriations process, the gen- they did not have the expertise to rec- bate the bill. tleman being on the Committee on Ap- ommend specific items. I have not personally been able to go propriations, knows very well, as he It is unfortunate the gentleman ques- over the volumes of work that has been stated, that we passed 12 of the 13 bills. tions my motive, but I must tell the done by 12 committees. So the provi- The thirteenth bill has problems. We gentleman that ever since the 9/11 sion that the gentleman may be speak- know there is going to be an omnibus Commission has come out we have ing to, all I can tell him is that I re- bill, and we will solve those problems reached out to any Democrat who is member in the list of things that were in an omnibus bill, but the problem is willing to work on this issue. Those presented to me a day or so ago, it did in the other body. They are passing as Democrats that have been willing to address that very issue. I can go back many bills as they can get done, and work on those issues, we have been and look at it, but the gentleman will working with them, and I have not we will go to conference on every one have plenty of opportunity during the of those bills to try to get them done been privy to every discussion or every debate of this bill to debate the bill up meeting on this issue, particularly before the end of next week. That or down, to amend it, to substitute for would include Homeland Security ap- within the committees, but I think if it, and the gentleman knows he can go my colleague will go back and check propriation, MilCon, Foreign Ops, the before the Committee on Rules and ask Legislative Branch, and D.C., which are with his ranking members, those who for that kind of action. wanted to work on the legislation were the only ones I know of that the Sen- Mr. HOYER. Mr. Speaker, I appre- ate has passed so far. more than just informed. They have a ciate the leader’s advice that I have very big part to play, particularly in The rest, as the gentleman knows, we the opportunity to go before the Com- did a continuing resolution until No- the Committee on Armed Services, the mittee on Rules. I always enjoy the op- Committee on International Relations. vember 20. We have instructed our portunity to go and testify before the committees, and the Senate leadership So we worked with the willing Demo- gentleman from California (Mr. crats that wanted to work on this issue has instructed their committees to DREIER) and his committee. work on those as best they can so that, rather than to have a political issue, Let me move on to some other legis- and they had a very big part to play in when we get back in November, the lation. I mentioned a number of pieces Members can vote on those bills up or it. I think that is reflected in the kinds that we have not done, Defense Depart- of votes we are getting coming out of down. ment authorization, I mentioned, and committee. The higher education bill, right now, the Higher Education Act. My ques- Mr. HOYER. Mr. Speaker, reclaiming I am not advised where it is, so I can- my time, I thank the gentleman for his tion, does the gentleman anticipate not answer the gentleman on that one. response, and let me assure the gen- that we will leave next Friday or Sat- Mr. HOYER. Reclaiming my time tleman I did not think I questioned the urday having accomplished some or all once again, Mr. Speaker, I appreciate, gentleman’s motives. I may question of those pieces of legislation? A, the majority leader’s taking the ELAY. Mr. Speaker, if the gen- the results of actions we take, but I do Mr. D time to go through those and letting us not intend to question the majority tleman would yield and repeat all the know where he thinks they may be and leader’s motives in any event. I do not legislation he is talking about? whether we will address them next Mr. HOYER. Sure. We have 12 of the think that would be appropriate nor do week. 13 appropriation bills we have not I do it, and if the gentleman took it to Additionally, when we leave next Fri- be that, I apologize because I do not passed. We have not passed a budget. day or Saturday, can the leader tell us, question. I may have different motives Highway program has not passed. The for scheduling purposes, and I know we of my own and I may not agree with FSC bill has not passed, resulting in 11 are going to have the leader’s organiza- him, but I do not question his motives. percent additional tariffs to people. tional meeting, I think we will sched- I may question his judgment. I may The energy bill has not passed. The In- ule our organizational meeting the question that which is for or against telligence bill, we have been talking same week, but is it your view that we but not his motives. about, Defense authorization and the will have a lame duck session on No- I am not going to prolong the discus- Higher Education Act. None of those vember 15 or November 16 and days sion on this because we are going to have been done to this point. thereafter? have discussion about this next week, Mr. DELAY. Mr. Speaker, if the gen- I yield to my colleague. but I would like to make one example tleman would yield. Mr. DELAY. Mr. Speaker, that is still of something that we feel strongly Mr. HOYER. I would be glad to yield hard to say. I can answer that question about that the 9/11 Commission felt to my friend. better at the end of next week. I am strongly about, which the bill at least Mr. DELAY. I think I addressed in still hoping, against all odds, that the that we have seen does not deal with. my opening remarks the Defense au- appropriations process could be done. One of the concerns which the Com- thorization conference. We are hoping Willing people coming together can get mission had was that we are not mov- to get that out. a lot of things done in a very short pe- ing quickly enough or effectively The highway bill I think has been de- riod of time around here. It is just a enough to identify and to secure mate- bated or talked about a lot on this matter of finding the willing people to rials which could be used for the pro- floor in the last couple of days. The get it done, and we are still working on duction of or creation of nuclear weap- House is ready to go. The House is it. It could happen. Lightning could ons, even dirty bombs. The Commission ready to negotiate with the Senate, strike. And if it does, then we would spoke to that directly. The Senate bill and the House has cleaned out a lot of not have to come back in a lame duck. speaks to that, and the bill introduced the brush, but it seems that the Senate Obviously, the appropriations process in the House speaks to that, at least at is going to have a very hard time get- is the most important. And if we can- the point yesterday, and I am not sure ting their members in the conference not get all the appropriations done, whether markups have occurred in committee to support a highway bill. then I would anticipate having a lame committees. I guess, some committees, So that is why we did the extension duck sometime in that week that both the answer to that is yes; some no, but today on 8 months to give them more parties are organizing. that was not addressed. So, at least in time to work. Mr. HOYER. Reclaiming my time, that one instance, and I have got about The FSC/jobs bill, the conferees met Mr. Speaker, I think the leader is 15 others but I am not going to prolong on that bill last night. It was a very right. I think for that to happen light- and go through those, that was not ad- good conference. Democrats were cerning is going to have to strike. dressed in the gentleman’s bill, while tainly included, and we have scheduled Lastly, Mr. Leader, we talked about some other things that the commission another meeting for next Tuesday. I the intelligence bill being on the floor did not deal with are addressed, and I believe there is a good chance that a next week. Can the minority be assured understand my colleague’s observation. conference report could be ready for that we will have a substitute for that Mr. DELAY. Mr. Speaker, if the gen- the House to vote on later at the end of bill? The gentleman indicated there are tleman would yield, first of all, I do not next week. 100 amendments pending on the Senate

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.117 H30PT1 H7938 CONGRESSIONAL RECORD — HOUSE September 30, 2004 floor. This is a very important piece of DISPENSING WITH CALENDAR ber should be, dedicated, hardworking, legislation, obviously. The bipartisan WEDNESDAY BUSINESS ON caring and devoted. Her presence will commission has spoken to this. WEDNESDAY NEXT be missed but not forgotten. I have read the report, by the way. I Mr. DELAY. Mr. Speaker, I ask unan- Thank you, congratulations, and best think it is an excellent report. We are imous consent that the business in wishes, Linda. very hopeful that we not only will have order under the Calendar Wednesday f the opportunity to amend any and all rule be dispensed with on Wednesday sections of the bill, but that we will next. GLOBAL WARMING have the opportunity to offer a sub- The SPEAKER pro tempore. Is there (Mr. INSLEE asked and was given stitute, not just simply a motion to re- objection to the request of the gen- permission to address the House for 1 commit, but a substitute at the appro- tleman from Texas? minute and to revise and extend his re- priate time. I would hope that the lead- There was no objection. marks.) er, given the importance of this legisla- f Mr. INSLEE. Mr. Speaker, there are tion, would assure the minority that two very significant things which hap- ANNOUNCEMENT BY COMMITTEE we would have that opportunity. pened today regarding global warming. ON RULES REGARDING AMEND- Mr. Speaker, I continue to yield to The first is that the U.S. Department MENTS TO S. 878, ADDITIONAL my friend. of Commerce’s Geophysical Fluid Dy- PERMANENT JUDGESHIP IN THE Mr. DELAY. Mr. Speaker, I thank the namics Laboratory in Princeton, New DISTRICT OF IDAHO gentleman for yielding. As the gen- Jersey, announced that they had com- tleman knows, the chairman of the Mr. DREIER. Mr. Speaker, the Com- pleted the largest computer simulation Committee on Rules is sitting here. I mittee on Rules may meet the week of of what will happen in global warming think he is going to make an an- October 4, as I was just saying, to grant and how it will affect hurricanes. They nouncement about amendments and a rule which could limit the amend- concluded that the seas being warmed substitutes. ment process for floor consideration of by rising atmospheric concentration of Mr. DREIER. Mr. Speaker, will the S. 878, a bill to create additional Fed- gases will result in a typical hurricane gentleman yield? eral court judgeships. The Committee intensity increasing about an extra Mr. HOYER. I yield to the gentleman on the Judiciary ordered the bill re- half step on the five-step scale. from California. ported on September 9, 2004, and filed This is not good news, Mr. Speaker, Mr. DREIER. Mr. Speaker, I thank its report with the House on September particularly since our Nation, under my friend for yielding, and I appreciate 29, 2004. this administration, is not doing any- his request. The announcement I am Any Member wishing to offer an thing significant to deal with global going to be making in just a few min- amendment should submit 55 copies of warming. utes, as soon as the colloquy between the amendment and one copy of a brief In contrast, interestingly, today, the distinguished minority whip and explanation of the amendment to the Russia and their parliament indicated the distinguished majority leader is Committee on Rules in room H–312 of that it is likely they will join the completed, is one which will call for the Capitol by 2 p.m. on Monday, Octo- Kyoto Protocol to deal with global the establishment of new Federal ber 4. Members should draft their warming. This is a difficulty for our judgeships. amendments to the text of the bill as businesses if this becomes a worldwide At this juncture, probably on Mon- reported by the Committee on the Ju- regime and we are not part of the day, we will likely be making an an- diciary, which is available for their re- international effort. nouncement as we anticipate the work view on the Web sites of both the Com- We hope tonight there will be some product that will be emerging on the mittee on the Judiciary and the Com- discussion of this. And if not, one way 9/11 report. mittee on Rules. or another, this November, Americans Mr. HOYER. Reclaiming my time, Members should use the Office of will vote for a president who will de- Mr. Speaker, I thank the gentleman for Legislative Counsel to ensure that cide to take some action on global those comments. their amendments are drafted in the warming. Mr. Speaker, I would say to the ma- most appropriate format. Members are f jority leader and to the chairman of also advised to check with the Office of the Committee on Rules, this legisla- the Parliamentarian to be sure their SPECIAL ORDERS amendments comply with the rules of tion was introduced less than a week The SPEAKER pro tempore (Mrs. the House. ago. It has been marked up this week. MILLER of Michigan). Under the Speak- It will be on the floor next week. That f er’s announced policy of January 7, is a very rapid progression. CONGRATULATIONS TO LINDA 2003, and under a previous order of the I think, Mr. Leader, respectfully, THEIL ON HER RETIREMENT House, the following Members will be that that calls for even greater oppor- recognized for 5 minutes each. tunity for Members to work their will (Ms. WOOLSEY asked and was given on the floor, with the ability to offer permission to address the House for 1 f minute and to revise and extend her re- such amendments as they deem to be SMART SECURITY AND GLOBAL marks.) appropriate and would include the op- CHANGE portunity to offer an entire package in Ms. WOOLSEY. Mr. Speaker, I rise The SPEAKER pro tempore. Under a the form of a substitute. I would hope today to honor Linda Theil on her re- previous order of the House, the gentle- that that would happen. tirement from 33 years of public service as a staff member in the House of woman from California (Ms. WOOLSEY) is recognized for 5 minutes. f Representatives. When I was just starting my first Ms. WOOLSEY. Madam Speaker, in term in Congress in 1993, Linda came to the days and weeks after September 11, ADJOURNMENT FROM THURSDAY, my staff. Her expertise and vast knowl- 2001, Americans pulled together to re- SEPTEMBER 30, 2004, TO MONDAY, edge of education policy have been in- store our country after the worst ter- OCTOBER 4, 2004 valuable to me as a Member of the rorist attack in United States history. Mr. DELAY. Mr. Speaker, I ask unan- House Committee on Education and For the rest of September that year, imous consent that when the House ad- the Workforce. She has worked on leg- there were no Democrats, there were journs today, it adjourn to meet at islation, including the Child Nutrition no Republicans, there were only Ameri- 12:30 p.m. on Monday next for morning Act, the School Breakfast Pilot Pro- cans. hour debates. gram, Head Start, the Balancing Act, In those trying times in the fall of The SPEAKER pro tempore (Mr. and Welfare Reform, to name only a the year 2001, I believe that no Amer- SIMPSON). Is there objection to the re- few. ican would have hesitated to make a quest of the gentleman from Texas? Mr. Speaker, Linda Theil is the role substantial sacrifice for the good of the There was no objection. model for what every single staff mem- country, just as Americans have done

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.118 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7939 in other times of need, like during vigorous inspection regimes. SMART judges of Madison County, Illinois, World War II and the 1979 energy crisis. security defends America by relying on Part 2. It sounds like a book. Maybe it If President Bush had asked America the very best of America, not our nu- will be; maybe it should be. in the days after September 11 to cut clear capabilities but our capacity for Last night I rose to address what the down on the use of fossil fuels in order multinational leadership and our com- American Tort Reform Association to reduce our dependence on Middle mitment to peace and freedom around calls America’s number one judicial East oil, America would have re- the world. hellhole, also known as Madison Coun- sponded. Sadly, the President did not Madam Speaker, the true moral test ty, Illinois. As I promised then, I am ask us to do any such thing. of our government is not how many back to shine a little more light into Instead of asking Americans to sac- wars we win, it is our compassion, our that hole. There is absolutely no doubt rifice, President Bush irresponsibly compassion for those in the world who the ripple effect of frivolous civil law- gave the top 1 percent of Americans a are less fortunate than we are. It is suits has been felt in every corner of huge tax cut, leaving our children and how we treat these individuals that de- this great country. When greedy trial their children to pick up the tab for termines the true moral quality of lawyers get together to brainstorm the unnecessary war in Iraq, a cost al- America. Physicians for Social Respon- which companies they can sue for mil- ready over $200 billion. Because noth- sibility, the Friends Committee on Na- lions and millions of dollars and put no ing endangers America’s security more tional Legislation, Women’s Action less than 40 percent of their winnings than our reliance on Mideast oil, in- For New Direction, and many Ameri- in their own pocket, everyone loses; ev- stead of promoting these reckless tax cans understand this. eryone, that is, except the trial law- cuts, the Bush administration should f yers. And one greedy trial lawyer who have advocated immediate develop- makes darn sure he never loses when it ment of sustainable and renewable en- MESSAGE FROM THE SENATE comes to lining his own pockets is Ran- ergy alternatives. A message from the Senate by Mr. dall Bono from Madison County. I am not the only one who realizes Monahan, one of its clerks, announced Mr. Bono has made a fair living doing this. Just ask the good people at Physi- that the Senate has passed without business in this judicial hellhole on the cians for Social Responsibility, the amendment bills of the House of the backs of hardworking men and women. Friends Committee on National Legis- following titles: In fact, he was able to retire at the age lation, and Women’s Action For New H.R. 5149. An act to reauthorize the Tem- of 42 from the millions of dollars that Direction. These groups understand porary Assistance for Needy Families block he won in asbestos civil lawsuits. that our dependence on unsustainable grant program through March 31, 2005, and Madam Speaker, I may never know energy sources, like Mideast oil, under- for other purposes. how Mr. Bono or other trial lawyers mines America’s security and our H.R. 5183. An act to provide an extension of sleep at night knowing they have made health. highway, highway safety, motor carrier safe- their fortunes because of civil injustice And speaking about health, 50 years ty, transit, and other programs funded out of being doled out in Madison County, Il- from now, our children will ask us how the Highway Trust Fund pending enactment linois, but I know as long as this we allowed starvation, poverty, and of a law reauthorizing the Transportation Equity Act for the 21st Century. hellhole remains open for business and diseases like HIV and AIDS and tuber- scoundrels like Mr. Bono use it to take culosis to flourish in other countries The message also announced that the hard-earned money away from working while the citizens of wealthy nations Senate has passed a bill of the fol- folks, I will be in the well night after who have so much were not inflicted as lowing title in which concurrence of night in this House to stand up to say greatly. That is why any attempt to the House is requested: enough is enough. fight terrorism must also include pro- S. 2436. An act to reauthorize the Native I rise tonight specifically to address viding humanitarian aid to the poorest American Programs Act of 1974. the first amendment violations of the nations. Humanitarian aid in the form f courts of Madison County, Illinois. of food and medical supplies would re- b 1815 That is right; with the court’s author- store hope to the world’s poorest peo- ity in Madison County, trial lawyers ple. Nothing breeds terrorism like the The SPEAKER pro tempore (Mrs. have violated or at least chilled the ex- hopelessness and despair brought about MILLER of Michigan). Under a previous ercise of first amendment rights held by starvation, disease and poverty. order of the House, the gentleman from by members of the media and civil de- For sure, the United States needs to Indiana (Mr. BURTON) is recognized for fendants. lead the rest of the world when it 5 minutes. I admit, Madam Speaker, it is a rare comes to fighting terrorism, but the (Mr. BURTON of Indiana addressed occasion for me to stand up and defend U.S., the strongest and richest country the House. His remarks will appear the media, but I simply cannot and will in the world, must lead by example hereafter in the Extensions of Re- not let the courts of Madison County rather than through invading other na- marks.) trash the rights our forefathers worked tions and killing thousands of innocent f so hard to ensure for everybody. If civilians in the process. Members think the media or anyone EXCHANGE OF SPECIAL ORDER Throwing our weight around will not else is safe from the wrath of Madison TIME gain the support of other nations. In- County, think again, Madam Speaker. stead, we must meet our obligations Mr. NORWOOD. Madam Speaker, I Consider just a few of the cases out- under the Nuclear Nonproliferation ask unanimous consent to claim the lined in my letter to Attorney General Treaty, the Comprehensive Test Ban Special Order time of the gentleman Ashcroft requesting a formal investiga- Treaty, the Biological Weapons Con- from Indiana (Mr. BURTON) at this tion of Madison County, Illinois and all vention, and the Chemical Weapons time. their shenanigans. Convention. There has to be a better The SPEAKER pro tempore. Is there In one effort to trash somebody’s way to respond to the threats America objection to the request of the gen- first amendment rights in Madison faces. That is why I have introduced H. tleman from Georgia? County, a plaintiff’s law firm made Con. Res. 392, a SMART security plat- There was no objection. legal maneuvers in June 2004 to try and form for the 21st century. SMART f force defendants to share and discuss stands for Sensible Multilateral Amer- any associations with or support of ican Response to Terrorism. JUDGES OF MADISON COUNTY, groups promoting tort reform. At least SMART security treats war as an ab- PART 2 one of these groups has filed a motion solute last resort. It fights terrorism The SPEAKER pro tempore. Under a for protective order with the court be- with stronger intelligence and multi- previous order of the House, the gen- cause their feelings about tort reform lateral partnerships, and it controls tleman from Georgia (Mr. NORWOOD) is have absolutely nothing to do with the the spread of weapons of mass destruc- recognized for 5 minutes. case before them, and forcing them to tion with aggressive diplomacy, strong Mr. NORWOOD. Mr. Speaker, I come share this information is an infringe- regional security arrangements and to the floor to once again discuss the ment of their first amendment rights.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.121 H30PT1 H7940 CONGRESSIONAL RECORD — HOUSE September 30, 2004 The Wall Street Journal editorialized scan after 4 months of Accutane treat- receiving e-mails like this one from that the plaintiff firm’s requests have ment. Dr. Bremner studied 30 patients, Michigan. ‘‘Dear Congressman, Just a no legal merit and their purpose is sim- 15 on Accutane and 15 on antibiotics. note to thank you for your ongoing ef- ply to intimidate and coerce these His research found that Accutane af- fort to educate the public about the folks. fects the metabolism of the dangers of Accutane. I am a psy- In June 2003, the presidents of several orbitofrontal cortex, a brain area chiatric social worker in a hospital major tort reform associations got known to mediate depression in the emergency room, and whenever I meet slapped with subpoenas only after they front part of the brain. Four months an adolescent patient who is depressed appeared at a press conference to speak after the baseline PET scan was taken, and taking Accutane, it raises a red out against the outrageous litigation he found that with antibiotics, they flag. I make sure that the other social abuse in Madison County, Illinois. The had no changes in the brain. Accutane workers are informed about its link subpoenas demanded that two of the patients, those who complained of with depression and suicide, as I have a individuals travel halfway across the headaches, had a change in the front of personal connection with it. country a month later to appear for a the brain. ‘‘My son Eric was an outgoing, happy deposition in a product liability case. Even an untrained eye can see there kid and a respected leader in his Once again, the clear purpose of these is a difference in this PET scan. There school. He began taking Accutane at subpoenas was to harass and intimi- is a 21 percent difference in the brain age 16 and, a few months later, began date. after 4 months of Accutane. having difficulty keeping up in school. At an April 2004 public forum hosted Dr. Bremner will present the findings He failed to turn in homework and his by Washington University Law School of his study in November at a neuro- grades took a nose-dive. To make a in St. Louis, former U.S. Attorney science conference. I will share those long story short, he became deeply de- General and former U.S. Court of Ap- complete findings at that time. For pressed and he began talking about peals Judge Griffin Bell said that coun- now, his abstract is found on the Inter- ending his life. That is when we knew ties like Madison County that are net and we can see that Accutane this was not the run-of-the-mill ups known for treating civil defendants un- causes changes in brain function. and downs that teenagers sometimes fairly are a stain on our system. Judge Why is this important? Here is an e- have. We did manage to get help for Bell called for a Federal investigation mail I received from a family in North him, but it was a long journey through into the administration of civil injus- Carolina. ‘‘On July 12, 2004, our pre- a dark tunnel of despair. He is now 23 tice in Madison County, but again the cious 17-year-old son, Nicholas, took and still has a bright, articulate mind, wrath of the judicial hellhole was felt his life by a gunshot to his head. He but he is forever marked by the depres- the very next day. A Madison County had been taking the drug Accutane. I sion that stole his joy during adoles- judge retaliated by barring Judge Bell have read about what happened with cence. It is because of his journey that and his firm from appearing in their your son, and certainly understand I have added an MSW degree to my courtroom. what you and your family are feeling. high school teaching credentials, so I Madam Speaker, we will continue Like your son, Nicholas was a star ath- can be more educated to help young this discussion every night until some- lete and honor student. Please send us people who are at risk.’’ body looks into the injustices of Madi- any information you think would be of As we can see, there is damage done son County, Illinois. help. We are overcome with grief and to the brain. Why the FDA allows still have a hard time realizing that he f Roche to continue to market this drug could take himself away from us and The SPEAKER pro tempore. Under a is beyond me. We should not leave this his four siblings.’’ drug out there until these questions previous order of the House, the gen- I receive an e-mail like this on aver- tleman from New Jersey (Mr. PALLONE) are answered. Questions such as, is this age once a week or so. As of 2004, ac- damage to the brain permanent? For is recognized for 5 minutes. cording to reports received by the (Mr. PALLONE addressed the House. more than 20 years, the FDA has done FDA, there have been 235 suicides asso- little to address the adverse effects His remarks will appear hereafter in ciated with Accutane. The FDA admits the Extensions of Remarks.) caused by Accutane. We know they are receiving only 1 of 10 percent Accutane affects the brain. It is time f of the actual events being reported. If for the FDA to pull this drug from the ORDER OF BUSINESS 235 suicides represents 10 percent of the market until all of the questions sur- total, that would mean there are actu- rounding Accutane are fully addressed. Mr. STUPAK. Madam Speaker, I ask ally 2,350 suicides associated with this to proceed out of order and take the drug. If 235 suicides have been reported f time of my Special Order at this time. and it represents 1 percent of the total, The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Is there that would mean there are actually previous order of the House, the gen- objection to the request of the gen- 23,500 suicides associated with this tleman from Michigan (Mr. CONYERS) is tleman from Michigan? drug. recognized for 5 minutes. There was no objection. Still, the drug manufacturer, Hoff- (Mr. CONYERS addressed the House. mann-LaRoche, Roche Pharma- f His remarks will appear hereafter in ceuticals, continues to deny that the Extensions of Remarks.) ACCUTANE’S IMPACT ON BRAIN Accutane affects the brain. Just look The SPEAKER pro tempore. Under a at this scan. It does. FDA believes previous order of the House, the gen- there is a link. That is why there is a f tleman from Michigan (Mr. STUPAK) is bold warning on its label, ‘‘Accutane The SPEAKER pro tempore. Under a recognized for 5 minutes. may cause depression, psychosis, and, previous order of the House, the gen- Mr. STUPAK. Madam Speaker, last rarely, suicide ideation, suicide at- tleman from Ohio (Mr. BROWN) is rec- night I spoke on the floor about the tempts, suicide, and aggressive and/or ognized for 5 minutes. troubling new information about the violent behaviors.’’ (Mr. BROWN of Ohio addressed the effects of Accutane. I will continue to However, the FDA says they do not House. His remarks will appear here- speak out and advise Americans about know the reason for this link. They after in the Extensions of Remarks.) the dangers of Accutane until the FDA need to look at these PET scans. They does its job. need to demand research, they need to f Next to me is a PET scan taken from demand answers. The bottom line, 235 The SPEAKER pro tempore. Under a a study completed by Dr. J.D. Bremner young people have taken their life previous order of the House, the gen- from Emory University. It is a brain while on Accutane, including our son, tleman from New York (Mr. HINCHEY) scan of a patient who took Accutane. B.J., who died in May of 2000. is recognized for 5 minutes. The first scan on the far right is the Some patients never recover from (Mr. HINCHEY addressed the House. baseline scan before the patient even their adverse effects to the drug. There His remarks will appear hereafter in began Accutane. On my left here is a is damage to the brain. I am constantly the Extensions of Remarks.)

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.123 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7941 The SPEAKER pro tempore. Under a shield and hide the ball from the Amer- Ms. JACKSON-LEE of Texas. Madam previous order of the House, the gen- ican people just will not cut it. Tonight Speaker, we have spent a number of tleman from California (Mr. SCHIFF) is it would be nice if the administration hours on the floor of the House dis- recognized for 5 minutes. and the President admitted that we cussing issues that hold a great deal of (Mr. SCHIFF addressed the House. have some difficulties in Iraq and ad- emotion for many people around this His remarks will appear hereafter in mitted we need to make some changes Nation. With that said, I offer my re- the Extensions of Remarks.) in strategy or we are going to have spect for the different views that were f deep trouble. expressed on the floor of the House, But this is not the only symptom of driven with emotion and passion, driv- TRUTH ABOUT IRAQ an administration that is refusing to en by your personal faith, and others as The SPEAKER pro tempore. Under a face reality in Iraq. In that same story myself driven by the sanctity of our previous order of the House, the gen- in The Washington Post, I read that Constitution and the desire to preserve tleman from Washington (Mr. INSLEE) Secretary of Defense Donald Rums- this Union. is recognized for 5 minutes. feld’s office is now sponsoring a sort of It is interesting that the Republican Mr. INSLEE. Madam Speaker, I happy talk, good news tour through majority would offer this debate at this heard a very disturbing report today. our bases and that we are using tax- time. There is no doubt that voices of While we are engaging in a very impor- payers’ money to bring Iraqis to spread the American people must be heard. tant and legitimate debate about our the good news of Iraq to our military But at the same time, an enormous re- strategy in Iraq, one thing for sure we bases here in this country. The memo sponsibility of ensuring the safety and ought to be united on, and that is disclosing this tour paid for by tax- the protection of the American people Americans ought to have access to the payer dollars says it is ‘‘designed to be by passing the 9/11 Commission rec- truth and not to be the subject of spin uplifting accounts with good news mes- ommendations through the Collins- by their own government and should sages.’’ Rumsfeld’s office, which will Lieberman-McCain bill along with the not have their own government sup- pay for the tour, recommends that the House provision of the Shays-Maloney pressing the truth about Iraq. Things installations seek local news coverage, bill goes unattended. So what we have are difficult enough about Iraq without noting that ‘‘these events and presen- is a mishmash of provisions that have the Federal Government suppressing tations are positive public relations op- really nothing to do with the security the truth about Iraq. portunities.’’ We do not need a public of this Nation. Unfortunately, that appears to be relations campaign. We need a cam- what is going on in this administra- paign for success in bringing our troops When we found that the CIA had, in tion. Today in the Washington Post an home in Iraq. We are not getting that fact, provided intelligence to this ad- article related that the USAID ordered from this administration. ministration that if we went to war the the restriction of preventing distribu- The memo went on to suggest that insurgent aftermath, the efforts of the tion of reports by the contractor Kroll the commanders at each base ‘‘are in insurgents, the violence that would be Security International which had pre- the best position on how to market perpetrated after any battle or war viously shown that the number of daily this voluntary attendance program ef- would be claimed over would be almost attacks by insurgents in Iraq had in- fectively.’’ We do not need a marketing insurmountable. Yet because of the creased significantly. In response to campaign. We need an honest discus- meshing of those disciplines, if you the news that these insurgent attacks sion of how to get a strategy to bring will, the complete glove-and-hand rela- are increasing, about 5 weeks before our troops home after success. But that tionship between the CIA director, ap- this election, this administration de- is not what we are getting from this parently that intelligence was ignored, cided apparently to suppress that infor- administration. Instead of recognizing and maybe because the CIA director mation and the agency ordered that and coming clean with the American failed to understand that his allegiance this information no longer be dissemi- people about their failures to find was really to the American people and nated to the American public. weapons of mass destruction, their fail- not, in fact, to a single head of govern- This is information generated with ures to tell the accurate situation ment. U.S. American taxpayer dollars that about connections with al Qaeda, their The American people should have this administration, 5 weeks before the failures to have enough troops on the known that this intelligence ulti- election, does not want the American ground, their failures to have enough mately was going to undermine any people to hear about. body armor, they have given us a mar- victory that was given or had by our keting technique protocol paid for with b 1830 brave men and women who were on the taxpayer dollars. It is wrong. We need front lines for us, Reservists, National The article in The Washington Post a strategy, not a marketing campaign. Guard, enlisted personnel, already says: ‘‘The Kroll reports suggest a f doomed because of the fact that intel- broad and intensifying campaign of in- The SPEAKER pro tempore (Mrs. ligence said that it was the insurgent surgent violence.’’ In response to that MILLER of Michigan). Under a previous action that was going to undermine bad news, the agency official at USAID order of the House, the gentleman from peace and security and freedom in Iraq. sent an e-mail to congressional aides Ohio (Mr. RYAN) is recognized for 5 And lo and behold, here we are today stating, ‘‘This is the last Kroll report minutes. to come in. After The Washington Post (Mr. RYAN addressed the House. His with an insurgent movement, a ter- story, they shut it down in order to re- remarks will appear hereafter in the rorist movement that has overtaken group. I’ll let you know when it re- Extensions of Remarks.) Baghdad and Iraq. Yet this administra- starts.’’ tion has no policy, has no exit strat- f egy, has no relief, not only for the Iraqi There is no excuse for this adminis- The SPEAKER pro tempore. Under a tration shielding information about people but for the American people. previous order of the House, the gentle- And while Baghdad is burning, we are Iraq and the fact that we have great woman from the District of Columbia difficulties there from the American refusing to take up the 9/11 Commis- (Ms. NORTON) is recognized for 5 min- sion report. people. We have a legitimate right to utes. know this information. We have an im- (Ms. NORTON addressed the House. All day yesterday in the Committee portant debate in our national body Her remarks will appear hereafter in on the Judiciary, all we had was extra- politic to figure out the right strategy the Extensions of Remarks.) neous law enforcement matters that in Iraq, and it is wrong to suppress this f could be defended and could be pro- information. moted and argued and promoted at an- We cannot decide the right decision 9/11 COMMISSION LEGISLATION other time, extraneous immigration in Iraq by looking through rose-colored The SPEAKER pro tempore. Under a policies that had no place in a bill that glasses anymore. Hope is not a strat- previous order of the House, the gentle- is dealing with the safety and security egy. Simply saying we are going to woman from Texas (Ms. JACKSON-LEE) of the United States of America, the have the same old, same old in Iraq and is recognized for 5 minutes. immediacy of the 9/11 report.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.129 H30PT1 H7942 CONGRESSIONAL RECORD — HOUSE September 30, 2004 And what was it? It was to establish the homeland security 9/11 Commission curity and Cooperation in Europe (OSCE) in a new structure of intelligence, to pro- recommendations be placed into law by combating anti-Semitism, racism, xeno- vide the leader of the intelligence com- this body. phobia, discrimination, intolerance, and re- munity with budgetary authority. And lated violence; to the Committee on Inter- f national Relations. what did our friends in the 9/11 legislation do? They argued against giving LEAVE OF ABSENCE f budgetary authority. With no budg- By unanimous consent, leave of ab- ENROLLED BILLS SIGNED etary authority, you have no authority sence was granted to: Mr. Trandahl, Clerk of the House, re- because you cannot move intelligence Mr. DAVIS of Illinois (at the request ported and found truly enrolled bills of resources where they are needed. And of Ms. PELOSI) for today on account of the House of the following titles, which here we are ignoring the families of the a death in the family. were thereupon signed by the Speaker: 9/11 victims who have waited for 3 Mr. HASTINGS of Florida (at the re- H.R. 4654. An act to reauthorize the Trop- years for us to move forward with the quest of Ms. PELOSI) for the week of ical Forest Conservation Act of 1998 through necessary security. September 28 on account of official fiscal year 2007, and for other purposes. Do you know why intelligence is so business. H.R. 5149. An act to reauthorize the Tem- porary Assistance for Needy Families block important, Madam Speaker? Because it Mr. REYES (at the request of Ms. grant program through March 31, 2005, and was the FBI who had information al- PELOSI) for today after 4:00 p.m. on ac- ready on their desk in the Midwest for other purposes. count of a family commitment. H.R. 5183. An act to provide an extension of that told them that there were individ- Mr. GUTKNECHT (at the request of Mr. highway, highway safety, motor carrier safe- uals in this country taking flying les- DELAY) for today after 4:00 p.m. on ac- ty, transit, and other programs funded out of sons, learning to take off but not learn- count of attending his daughter’s wed- the Highway Trust Fund pending enactment ing to land; and the information never ding. of a law reauthorizing the Transportation got off the desk into Washington, D.C. Equity Act for the 21st Century. That is why the tragedy of 9/11 oc- f H.J. Res. 107. Joint Resolution making continuing appropriations for the fiscal year curred. SPECIAL ORDERS GRANTED Those individuals came into this 2005, and for other purposes. country illegally. We have fixed that By unanimous consent, permission to f address the House, following the legis- problem. We have worked to fix and ADJOURNMENT lative program and any special orders improve the technology. The State De- Ms. JACKSON-LEE of Texas. Madam partment has put in new criteria where heretofore entered, was granted to: (The following Members (at the re- Speaker, I move that the House do now visas are issued. We are working to adjourn. stop terrorists before they come into quest of Ms. WOOLSEY) to revise and extend their remarks and include extra- The motion was agreed to; accord- our homeland. But unfortunately we ingly (at 6 o’clock and 42 minutes have a debate as to whether the Select neous material:) Ms. WOOLSEY, for 5 minutes, today. p.m.), under its previous order, the Committee on Homeland Security House adjourned until Monday, Octo- should even continue, when we know Mr. PALLONE, for 5 minutes, today. Mr. CONYERS, for 5 minutes, today. ber 4, 2004, at 12:30 p.m., for morning that Secretary Ridge said he wants a hour debates. steady, organized, focused committee Mr. BROWN of Ohio, for 5 minutes, f to deal with homeland security issues today. rather than the tens of tens that he has Mr. HINCHEY, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, to go to. Is that securing America? Mr. SCHIFF, for 5 minutes, today. ETC. But on the politics of this Republican Mr. RYAN of Ohio, for 5 minutes, Under clause 8 of rule XII, executive government, President, Senate, House, today. communications were taken from the rather than deal with the serious Ms. NORTON, for 5 minutes, today. Speaker’s table and referred as follows: Mr. STUPAK, for 5 minutes, today. issues, we are now taking away rights 9896. A letter from the Acting General of Americans, trying to pass the PA- (The following Members (at their own Counsel, FEMA, Department of Homeland TRIOT Act, trying to pass in the bill request) to revise and extend their re- Security, transmitting the Department’s that is supposed to be the 9/11 Commis- marks and include extraneous mate- final rule — Final Flood Elevation Deter- sion report something that was never rial:) mination — received August 30, 2004, pursu- raised by the 9/11 Commission. We are Mr. INSLEE, for 5 minutes, today. ant to 5 U.S.C. 801(a)(1)(A); to the Committee now giving employers the right to call Ms. JACKSON-LEE of Texas, for 5 min- on Financial Services. utes, today. 9897. A letter from the Acting General the Department of Justice on people’s Counsel, FEMA, Department of Homeland backgrounds. We are now putting that f Security, transmitting the Department’s into place. Not just security officers, final rule — Changes in Flood Elevation De- which I perfectly support, but anybody SENATE BILLS REFERRED terminations [Docket No. FEMA-P-7636] re- that is trying to cook hamburgers at Bills and a concurrent resolution of ceived August 30, 2004, pursuant to 5 U.S.C. McDonald’s. That is not a function of the Senate of the following titles were 801(a)(1)(A); to the Committee on Financial taken from the Speaker’s table and, Services. the Department of Justice massively as 9898. A letter from the Acting General it is. Yes, single isolated cases in cir- under the rule, referred as follows: Counsel, FEMA, Department of Homeland cumstances where the necessity of S 1601. An act to amend the Indian Child Security, transmitting the Department’s knowing the background may be the Protection and Family Violence Prevention final rule — Changes in Flood Elevation De- requirement of the employment, but Act to provide for the reporting and reduc- terminations — received August 30, 2004, pur- this is an outrage. tion of child abuse and family violence suant to 5 U.S.C. 801(a)(1)(A); to the Com- Then, of course, as I close, Madam incidences on Indian reservations, and for mittee on Financial Services. Speaker, they then want to obliterate other purposes; to the Committee on Re- 9899. A letter from the Acting General sources; in addition to the Committee on the the Constitution and the very values of Counsel, FEMA, Department of Homeland Judiciary for a period to be subsequently de- Security, transmitting the Department’s this country by sending individuals termined by the Speaker, in each case for final rule — National Flood Insurance Pro- who are barely charged with ideas of consideration of such provisions as fall with- gram (NFIP); Assistance to Private Sector terrorism into places where they might in the jurisdiction of the committee con- Property Insurers (RIN: 1660-AA28) received be tortured, not even convicted but cerned. August 30, 2004, pursuant to 5 U.S.C. maybe speculated that they may be as- S. 2436. An act to reauthorize the Native 801(a)(1)(A); to the Committee on Financial sociated with such and we are going to American Programs Act of 1974; to the Com- Services. obliterate our values and send them mittee on Education and the Workforce. 9900. A letter from the Acting General S. 2639. An act to reauthorize the Congres- Counsel, FEMA, Department of Homeland home or send them someplace to be sional Award Act; to the Committee on Edu- Security, transmitting the Department’s tortured. cation and the Workforce. final rule — Final Flood Elevation Deter- This is what we have done this week, S. Con. Res. 110. Concurrent resolution ex- minations — received August 30, 2004, pursu- Madam Speaker, and I would just argue pressing the sense of Congress in support of ant to 5 U.S.C. 801(a)(1)(A); to the Committee that we can do better. I would ask that the ongoing work of the Organization for Se- on Financial Services.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.134 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7943 9901. A letter from the Acting General partment’s final rule — Security Zone; 801(a)(1)(A); to the Committee on Transpor- Counsel, FEMA, Department of Homeland Suisun Bay, Concord, California [COTP San tation and Infrastructure. Security, transmitting the Department’s Francisco Bay 04-020] (RIN: 1625-AA87) re- 9922. A letter from the Chief, Regulations final rule — Suspension of Community Eligi- ceived August 16, 2004, pursuant to 5 U.S.C. and Administrative Law, USCG, Department bility [Docket No. FEMA-7839] received Au- 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- gust 30, 2004, pursuant to 5 U.S.C. tation and Infrastructure. partment’s final rule — Safety Zone; Lake 801(a)(1)(A); to the Committee on Financial 9913. A letter from the Chief, Regulations Eustis, Eustis, FL [COTP Jacksonville 04- Services. and Administrative Law, USCG, Department 096] (RIN: 1625-AA00) received August 16, 2004, 9902. A letter from the Acting General of Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Counsel, FEMA, Department of Homeland partment’s final rule — Security Zone; Poto- mittee on Transportation and Infrastruc- Security, transmitting the Department’s mac River, Washington, D.C. [CGD05-04-151] ture. final rule — Changes in Flood Elevation De- (RIN: 1625-AA87) received August 16, 2004, 9923. A letter from the Chief, Regulations terminations [Docket No. FEMA-D-7561] re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Administrative Law, USCG, Department ceived September 7, 2004, pursuant to 5 mittee on Transportation and Infrastruc- of Homeland Security, transmitting the De- U.S.C. 801(a)(1)(A); to the Committee on Fi- ture. partment’s final rule — Carriage of Naviga- nancial Services. 9914. A letter from the Chief, Regulations tion Equipment for Ships on International 9903. A letter from the Acting General and Administrative Law, USCG, Department Voyages [USCG-2002-13057] received August Counsel, FEMA, Department of Homeland of Homeland Security, transmitting the De- 16, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to Security, transmitting the Department’s partment’s final rule — Security Zone; Poto- the Committee on Transportation and Infra- final rule — Changes in Flood Elevation De- mac River, Washington, D.C. and Arlington structure. terminations — received September 7, 2004, and Firfax Counties, VA [CGD05-04-148] (RIN: 9924. A letter from the Chief, Regulations pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1625-AA87) received August 16, 2004, pursuant and Administrative Law, USCG, Department mittee on Financial Services. to 5 U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- 9904. A letter from the Acting General Transportation and Infrastructure. partment’s final rule — Enforcemnt of Counsel, FEMA, Department of Homeland 9915. A letter from the Chief, Regulations SOLAS Requirements [USCG-2004-17615] re- Security, transmitting the Department’s and Administrative Law, USCG, Department ceived August 16, 2004, pursuant to 5 U.S.C. final rule — Changes in Flood Elevation De- of Homeland Security, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- terminations [Docket No. FEMA-B-7448] re- partment’s final rule — Security Zone; tation and Infrastructure. ceived September 7, 2004, pursuant to 5 Cleveland Harbor, Cleveland, Ohio [CGD09- 9925. A letter from the Chief, Regulations U.S.C. 801(a)(1)(A); to the Committee on Fi- 04-095] (RIN: 1625-AA87) received August 16, and Administrative Law, USCG, Department nancial Services. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Homeland Security, transmitting the De- 9905. A letter from the Acting General Committee on Transportation and Infra- partment’s final rule — Wearing of Personal Counsel, FEMA, Department of Homeland structure. Flotation Devices (PFDs) by Certain Chil- Security, transmitting the Department’s 9916. A letter from the Chief, Regulations dren Aboard Recreational Vessels [USCG- final rule — Final Flood Elevation Deter- and Administrative Law, USCG, Department 2000-8589] (RIN: 1625-AA62; Formerly 2115- minations — received September 7, 2004, pur- of Homeland Security, transmitting the De- AG04) received August 16, 2004, pursuant to 5 suant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule — Drawbridge Oper- U.S.C. 801(a)(1)(A); to the Committee on mittee on Financial Services. ation Regulations; Manasquan River, NJ Transportation and Infrastructure. 9906. A letter from the Acting General [CGD05-04-146] (RIN: 1625-AA09) received Au- 9926. A letter from the Chief, Regulations Counsel, FEMA, Department of Homeland gust 16, 2004, pursuant to 5 U.S.C. and Administrative Law, USCG, Department Security, transmitting the Department’s 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- final rule — Changes in Flood Elevation De- tation and Infrastructure. partment’s final rule — Drawbridge Oper- 9917. A letter from the Chief, Regulations terminations — received September 7, 2004, ation Regulation: Anacostia River, Wash- and Administrative Law, USCG, Department pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ington, DC [CGD05-04-028] (RIN: 1625-AA09) of Homeland Security, transmitting the De- mittee on Financial Services. received August 16, 2004, pursuant to 5 U.S.C. 9907. A letter from the Acting General partment’s final rule — Drawbridge Oper- 801(a)(1)(A); to the Committee on Transpor- Counsel, FEMA, Department of Homeland ation Regulation; Terrebonne Bayou, tation and Infrastructure. Security, transmitting the Department’s Houma, LA [CGD08-04-028] (RIN: 1625-AA09) 9927. A letter from the Chief, Regulations final rule — Final Flood Elevation Deter- received August 16, 2004, pursuant to 5 U.S.C. and Administrative Law, USCG, Department minations — received September 7, 2004, pur- 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- suant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. partment’s final rule — Security Zone; Three mittee on Financial Services. 9918. A letter from the Chief, Regulations Mile Island Generating Station, Susque- 9908. A letter from the Acting General and Administrative Law, USCG, Department hanna River, Dauphin County, PA [CGD05-03- Counsel, FEMA, Department of Homeland of Homeland Security, transmitting the De- 116] (RIN: 1625-AA87; Formerly 1625-AA00) re- Security, transmitting the Department’s partment’s final rule — Drawbridge Oper- ceived August 16, 2004, pursuant to 5 U.S.C. final rule — Final Flood Elevation Deter- ation Regualtions: Newton Creek, Dutch 801(a)(1)(A); to the Committee on Transpor- minations — received September 7, 2004, pur- Kills, English Kills, and their tributaries, NY tation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- [CGD01-04-095] received August 16, 2004, pur- mittee on Financial Services. suant to 5 U.S.C. 801(a)(1)(A); to the Com- f 9909. A letter from the Acting General mittee on Transportation and Infrastruc- REPORTS OF COMMITTEES ON Counsel, FEMA, Department of Homeland ture. Security, transmitting the Department’s 9919. A letter from the Chief, Regulations PUBLIC BILLS AND RESOLUTIONS final rule — Final Flood Elevation Deter- and Administrative Law, USCG, Department Under clause 2 of rule XIII, reports of minations — received September 7, 2004, pur- of Homeland Security, transmitting the De- committees were delivered to the Clerk suant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule — Special Local Regu- for printing and reference to the proper mittee on Financial Services. lations for Marine Events; Manasquan River, 9910. A letter from the Chief Administra- Manasquan Inlet and Atlantic Ocean, Point calendar, as follows: tive Officer, transmitting the quarterly re- Pleasant Beach to Bay Head, NJ [CGD05-04- Mr. REYNOLDS: Committee on Rules. port of receipts and expenditures of appro- 139] (RIN: 1625-AA08) received August 16, 2004, House Resolution 811. Resolution providing priations and other funds for the period July pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for the consideration of the bill (H.R. 5183) to 1, 2004 through September 30, 2004 as committee on Transportation and Infrastruc- provide an extension of highway, highway piled by the Chief Administrative Officer, ture. safety, motor carrier safety, transit, and pursuant to 2 U.S.C. 104a Public Law 88–454; 9920. A letter from the Chief, Regulations other programs funded out of the Highway (H. Doc. No. 108–221); to the Committee on and Administrative Law, USCG, Department Trust Fund pending enactment of a law reau- House Administration and ordered to be of Homeland Security, transmitting the De- thorizing the Transportation Equity Act for printed. partment’s final rule — Special Local Regu- the 21st Century (Rept. 108–710). Referred to 9911. A letter from the Chief, Regulations lations for Marine Events; Pamlico River, the House Calendar. and Administrative Law, USCG, Department Washington, NC [CGD05-04-133] (RIN: 1625- Mr. SENSENBRENNER: Committee on the of Homeland Security, transmitting the De- AA08) received August 16, 2004, pursuant to 5 Judiciary. H.R. 5107. A bill to protect crime partment’s final rule — Security Zones; U.S.C. 801(a)(1)(A); to the Committee on victims’ rights, to eliminate the substantial Charleston Harbor, Cooper River, S.C. [COTP Transportation and Infrastructure. backlog of DNA samples collected from Charleston-04-100] (RIN: 1625-AA87) received 9921. A letter from the Chief, Regulations crime scenes and convicted offenders, to im- August 16, 2004, pursuant to 5 U.S.C. and Administrative Law, USCG, Department prove and expand the DNA testing capacity 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- of Federal, State, and local crime labora- tation and Infrastructure. partment’s final rule — Safety Zone; Fire- tories, to increase research and development 9912. A letter from the Chief, Regulations works Display, Potomac River, Charles of new DNA testing technologies, to develop and Administrative Law, USCG, Department County, MD [CGD05-04-137] (RIN: 1625-AA00) new training programs regarding the collec- of Homeland Security, transmitting the De- received August 16, 2004, pursuant to 5 U.S.C. tion and use of DNA evidence, to provide

VerDate Aug 04 2004 04:26 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\L30SE7.000 H30PT1 H7944 CONGRESSIONAL RECORD — HOUSE September 30, 2004 post-conviction testing of DNA evidence to riod to be subsequently determined by the By Mr. UDALL of New Mexico (for exonerate the innocent, to improve the per- Speaker, in each case for consideration of himself and Mr. PEARCE): formance of counsel in State capital cases, such provisions as fall within the jurisdic- H.R. 5198. A bill to clarify issues of crimi- and for other purposes (Rept. 108–711). Re- tion of the committee concerned. nal jurisdiction within the exterior bound- ferred to the Committee of the Whole House By Mr. ISRAEL (for himself, Mr. ACK- aries of Pueblo lands; to the Committee on on the State of the Union. ERMAN, Mr. BISHOP of New York, Mrs. Resources. Mr. POMBO: Committee on Resources. S. MCCARTHY of New York, Mr. KING of By Mr. UDALL of New Mexico: 551. An act to provide for the implementa- New York, and Mrs. LOWEY): H.R. 5199. A bill to amend the Family and tion of air quality programs developed in ac- H.R. 5189. A bill to amend title XIX of the Medical Leave Act of 1993 and title 5, United cordance with an Intergovernmental Agree- Social Security Act to extend Medicare cost- States Code, to provide entitlement to leave ment between the Southern Ute Indian Tribe sharing for the Medicare part B premium for to eligible employees whose spouse, son, and the State of Colorado concerning Air qualifying individuals through September daughter, or parent is a member of the Quality Control on the Southern Ute Indian 2005; to the Committee on Energy and Com- Armed Forces who is serving on active duty Reservation, and for other purposes (Rept. merce. in support of a contingency operation or who 108–712, Pt. 1). Ordered to be printed. By Mrs. KELLY: is notified of an impending call or order to Mr. POMBO: Committee on Resources. H.R. 5190. A bill to amend the National active duty in support of a contingency oper- H.R. 1630. A bill to revise the boundary of the Dam Safety Program Act to establish a pro- ation, and for other purposes; to the Com- gram to provide grant assistance to States Petrified Forest National Park in the State mittee on Education and the Workforce, and for the rehabilitation and repair of deficient of Arizona, and for other purposes; with an in addition to the Committees on Govern- dams; to the Committee on Transportation amendment (Rept. 108–713). Referred to the ment Reform, and House Administration, for and Infrastructure. Committee of the Whole House on the State a period to be subsequently determined by By Mr. PRICE of North Carolina: of the Union. the Speaker, in each case for consideration H.R. 5191. A bill to amend title 3, United of such provisions as fall within the jurisdic- Mr. POMBO: Committee on Resources. States Code, to extend the date provided for H.R. 4817. A bill to facilitate the resolution tion of the committee concerned. the meeting of electors of the President and By Mr. WU: of a minor boundary encroachment on lands Vice President in the States, and the date of the Union Pacific Railroad Company in H.R. 5200. A bill to improve the account- provided for the joint session of Congress ability provisions of the part A of title I of Tipton, California, which were originally held for the counting of electoral votes, in conveyed by the United States as part of the the Elementary and Secondary Education the event of an unresolved controversy or Act of 1965, and for other purposes; to the right-of-way granted for the construction of contest relating to the counting of votes in Committee on Education and the Workforce. transcontinental railroads; with an amend- any State, and for other purposes; to the By Mr. EMANUEL (for himself, Mr. ment (Rept. 108–714). Referred to the Com- Committee on House Administration. TURNER of Texas, Mr. JONES of North mittee of the Whole House on the State of By Mr. RENZI: the Union. H.R. 5192. A bill to modify the boundary of Carolina, and Mr. BAIRD): H. Con. Res. 506. Concurrent resolution di- Mr. POMBO: Committee on Resources. the Casa Grande Ruins National Monument, recting the Architect of the Capitol to estab- H.R. 3982. A bill to direct the Secretary of and for other purposes; to the Committee on lish a temporary exhibit in the rotunda of the Interior to convey certain land held in Resources. the Capitol to honor the memory of members trust for the Paiute Indian Tribe of Utah to By Ms. ROS-LEHTINEN (for herself, of the United States Armed Forces who have the City of Richfield, Utah, and for other Mr. LANTOS, Mr. BERMAN, and Mr. lost their lives in Operation Iraqi Freedom purposes (Rept. 108–715). Referred to the CHABOT): and Operation Enduring Freedom; to the Committee of the Whole House on the State H.R. 5193. A bill to hold the current regime Committee on House Administration. of the Union. in Iran accountable for its threatening be- By Mr. KINGSTON (for himself, Mr. DISCHARGE OF COMMITTEE havior and to support a transition to democracy in Iran; to the Committee on Inter- WHITFIELD, Mr. BURNS, Mrs. MCCAR- Pursuant to clause 2 of rule XII the national Relations. THY of New York, Mrs. BONO, Mr. Committee on Agriculture discharged By Mr. SIMPSON (for himself, Mr. NORWOOD, Mr. BISHOP of Georgia, Mr. from further consideration. S. 144 re- OTTER, Mr. PETERSON of Minnesota, GORDON, Mr. SWEENEY, Mr. CHAN- ferred to the Committee of the Whole and Mr. JENKINS): DLER, Mr. ISAKSON, Mr. FORD, Ms. House on the State of the Union. H.R. 5194. A bill to clarify that service KILPATRICK, Mr. JONES of North Caro- marks, collective marks, and certification lina, Mr. GOODE, Mr. LEWIS of Cali- f marks are entitled to the same protections, fornia, Mr. LEWIS of Kentucky, Mr. DEAL of Georgia, Mr. BURGESS, Mr. PUBLIC BILLS AND RESOLUTIONS rights, and privileges of trademarks; to the Committee on the Judiciary. LUCAS of Kentucky, Mr. HALL, Mr. Under clause 2 of rule XII, public By Mr. SMITH of Michigan (for him- SPRATT, and Mr. HEFLEY): bills and resolutions were introduced self, Ms. BALDWIN, and Mr. BISHOP of H. Con. Res. 507. Concurrent resolution encouraging citizens to be mindful of the con- and severally referred, as follows: Georgia): H.R. 5195. A bill to permanently reenact tribution of horses to the economy, history, By Mr. BOEHNER (for himself and Mr. chapter 12 of title 11 of the United States and character of the United States and ex- MCKEON): Code, relating to family farmers; to the pressing the sense of Congress that a Na- H.R. 5185. A bill to temporarily extend the Committee on the Judiciary. tional Day of the Horse should be estab- programs under the Higher Education Act of By Mr. STENHOLM (for himself, Mr. lished; to the Committee on Government Re- 1965; to the Committee on Education and the RODRIGUEZ, Mr. FROST, Mr. LAMPSON, form. Workforce. Mr. HALL, Mr. BELL, Mr. GREEN of By Mr. OWENS: By Mr. BOEHNER (for himself, Mr. Texas, Mr. TURNER of Texas, Mr. H. Res. 810. A resolution expressing the MCKEON, and Mr. WILSON of South GONZALEZ, Ms. JACKSON-LEE of Texas, sense of the House of Representatives that Carolina): Mr. HINOJOSA, Mr. DOGGETT, Mr. the Secretary of Homeland Security should H.R. 5186. A bill to reduce certain special HENSARLING, Mr. BRADY of Texas, Mr. designate Haiti, Grenada, Jamaica, the Do- allowance payments and provide additional THORNBERRY, Mr. ORTIZ, Mr. minican Republic, and the Bahamas under teacher loan forgiveness on Federal student NEUGEBAUER, Mr. EDWARDS, Mr. section 244 of the Immigration and Nation- loans; to the Committee on Education and CARTER, Mr. BURGESS, Ms. EDDIE ality Act to make nationals of those coun- the Workforce. BERNICE JOHNSON of Texas, Mr. tries eligible for temporary protected status By Mrs. BLACKBURN (for herself, Mr. REYES, Mr. BARTON of Texas, Mr. under that section; to the Committee on the COOPER, Mr. DAVIS of Tennessee, Mr. SANDLIN, and Mr. SAM JOHNSON of Judiciary. DUNCAN, Mr. FORD, Mr. GORDON, Mr. Texas): By Ms. EDDIE BERNICE JOHNSON of JENKINS, Mr. TANNER, and Mr. H.R. 5196. A bill to designate the facility of Texas (for herself, Mr. MEEKS of New WAMP): the United States Postal Service located at York, Mrs. JONES of Ohio, Ms. JACK- H.R. 5187. A bill to amend the Inter- 115 South Swenson Street in Stamford, SON-LEE of Texas, Mr. LANTOS, Mr. national Air Transportation Competition Texas, as the ‘‘Gordon Wood Post Office CONYERS, Ms. MCCOLLUM, Ms. LEE, Act of 1979 to modify restrictions on the pro- Building’’; to the Committee on Government Mr. SCOTT of Georgia, Mr. HONDA, visions of air transportation to and from Reform. and Mr. BURTON of Indiana): Love Field, Texas; to the Committee on By Mr. TERRY (for himself and Mrs. H. Res. 812. A resolution recognizing the Transportation and Infrastructure. CAPPS): commencement of Ramadan, the Islamic By Mr. BLUNT: H.R. 5197. A bill to amend title XIX of the holy month of fasting and spiritual renewal, H.R. 5188. A bill to respond to the illegal Social Security Act to provide funds to and commending Muslims in the United production, distribution, and use of States to enable them to increase the wages States and throughout the world for their methamphetamines in the United States, paid to targeted direct support professionals faith; to the Committee on International Re- and for other purposes; to the Committee on in providing services to individuals with dis- lations. the Judiciary, and in addition to the Com- abilities under the Medicaid program; to the By Mr. GEORGE MILLER of California mittee on Energy and Commerce, for a pe- Committee on Energy and Commerce. (for himself, Mr. PAYNE, Mr. RANGEL,

VerDate Aug 04 2004 04:26 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.034 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7945

Mr. BISHOP of New York, Mr. WATT, H.R. 4064: Mr. GOODLATTE and Mr. York, Mr. HOLT, Mr. CASE, Mr. PAYNE, and Mr. WYNN, Mr. LANTOS, Mr. FILNER, HAYWORTH. Mr. KIND. Ms. KILPATRICK, Mrs. MCCARTHY of H.R. 4065: Ms. HERSETH. H.R. 5114: Mr. LEACH and Mr. ENGLISH. New York, Mr. EVANS, Mrs. DAVIS of H.R. 4100: Mr. SMITH of Washington. H.R. 5120: Mr. SMITH of Michigan. California, Mr. GRIJALVA, Mr. MEEKS H.R. 4169: Mr. LEACH, Mr. BISHOP of New H.R. 5144: Mr. ROGERS of Alabama, Mr. of New York, Ms. LOFGREN, Mr. CLAY, York, and Ms. NORTON. MARSHALL, Mr. BONNER, and Mr. VAN Ms. NORTON, Mr. CLYBURN, Mr. H.R. 4204: Mr. KIRK. HOLLEN. FALEOMAVAEGA, and Ms. KAPTUR): H.R. 4343: Mr. HAYWORTH. H.R. 5167: Mr. MCHUGH. H. Res. 813. A resolution recognizing the H.R. 4348: Ms. SCHAKOWSKY. H.R. 5176: Mr. UDALL of Colorado. 60th anniversary of the explosion at the Port H.R. 4420: Mr. LEWIS of Kentucky and Mrs. H.J. Res. 62: Mr. WELDON of Pennsylvania. Chicago (California) Naval Magazine on July CUBIN. H.J. Res. 106: Mr. BONILLA, Mr. DUNCAN, 17, 1944, and those who served and lost their H.R. 4453: Mr. TURNER of Texas, Mr. STEN- Mr. GOODLATTE, Mr. SAM JOHNSON of Texas, lives in that tragedy; to the Committee on HOLM, Mr. FROST, Ms. JACKSON-LEE of Texas, Mr. LUCAS of Oklahoma, Mr. MCCOTTER, Mrs. Armed Services. and Mr. POMEROY. MILLER of Michigan, Mr. NORWOOD, Mr. f H.R. 4491: Mr. ENGLISH, Mr. OTTER, Mr. SANDLIN, Mr. TAUZIN, Mr. TAYLOR of North OLVER, Mr. BERRY, Mr. GILLMOR, Ms. ESHOO, Carolina, Mr. CULBERSON, Mr. PUTNAM, Mr. ADDITIONAL SPONSORS Mr. STRICKLAND, Mr. TOWNS, Mr. ETHERIDGE, TURNER of Ohio, Mr. LEWIS of Kentucky, Mr. Under clause 7 of rule XII, sponsors Mr. JOHN, Mr. QUINN, Mr. FOSSELLA, Mr. MCINTYRE, and Mr. CUNNINGHAM. OXLEY, Mr. REGULA, and Mr. ORTIZ. were added to public bills and resolu- H. Con. Res. 99: Mr. MORAN of Virginia. H.R. 4502: Mr. SESSIONS and Mr. BEAUPREZ. H. Con. Res. 431: Mr. CROWLEY. tions as follows: H.R. 4521: Mr. GORDON. H. Con. Res. 490: Mr. WYNN, Ms. WATSON, H.R. 97: Mr. LAMPSON. H.R. 4578: Mr. JOHNSON of Illinois, Ms. Mr. MEEKS of New York, Mr. FARR, Mr. H.R. 129: Mrs. LOWEY. LOFGREN, Mr. UDALL of Colorado, and Mrs. SERRANO, and Ms. JACKSON-LEE of Texas. H.R. 296: Mr. MICHAUD. BIGGERT. H. Con. Res. 496: Mr. CUMMINGS. H.R. 676: Mr. ENGEL, MR. WEINER, and Mr. H.R. 4597: Ms. DELAURO. H. Res. 751: Mr. SHAYS, Mr. WEXLER, Mr. OLVER. H.R. 4616: Mrs. MALONEY. WELLER, Mr. ROTHMAN, and Mr. JACKSON of H.R. 775: Mr. ROGERS of Alabama. H.R. 4628: Mr. KUCINICH and Mr. PRICE of Illinois. H.R. 808: Mr. COLE. North Carolina. H. Res. 782: Mr. SERRANO and Mr. FILNER. H.R. 870: Mrs. EMERSON and Ms. HERSETH. H.R. 4662: Mr. SOUDER and Mr. KENNEDY of H.R. 876: Mr. REYNOLDS and Mr. HASTINGS Minnesota. f of Washington. H.R. 4669: Mr. SESSIONS and Mr. H.R. 879: Ms. HERSETH. CULBERSON. DISCHARGE PETITIONS H.R. 918: Mr. GONZALEZ. H.R. 4674: Mrs. DAVIS of California. H.R. 1002: Mr. CUMMINGS. H.R. 4682: Mr. DINGELL, Ms. LOFGREN, Mr. Under clause 2 of rule XV, the fol- H.R. 1093: Mr. BOSWELL. DAVIS of Alabama, Mr. BUTTERFIELD, Mr. lowing discharge petitions were filed: H.R. 1212: Mr. FOLEY. CARDIN, Mr. MENENDEZ, and Mr. UDALL of Petition 12, September 28, 2004, by Mr. H.R. 1502: Mrs. JONES of Ohio. New Mexico. MEEHAN on House Resolution 769 was H.R. 1582: Mrs. CHRISTENSEN. H.R. 4687: Mr. PETERSON of Minnesota. signed by the following Members: Martin T. H.R. 1666: Mr. ANDREWS. H.R. 4706: Mr. KIND. Meehan, James P. Moran, Jim McDermott, H.R. 1726: Ms. HERSETH. H.R. 4718: Mr. BERRY. Bob Filner, David E. Price, John Conyers, H.R. 1859: Mr. PETERSON of Minnesota. H.R. 4724: Mr. TAYLOR of North Carolina. Jr., Hilda L. Solis, Raul M. Grijalva, Wm. H.R. 1886: Mr. PLATTS. H.R. 4736: Mr. LYNCH. Lacy Clay, Steven R. Rothman, Joseph H.R. 2107: Mr. MILLER of North Carolina H.R. 4776: Mr. PRICE of North Carolina. Crowley, Edolphus Towns, Jose E. Serrano, and Mrs. JONES of Ohio. H.R. 4792: Mr. NADLER. Charles B. Rangle, Robert A. Brady, Carolyn H.R. 2256: Mr. PRICE of North Carolina and H.R. 4832: Ms. SLAUGHTER. McCarthy, Rosa L. Delauro, Louise McIntosh Mr. WELDON of Pennsylvania. H.R. 4866: Mr. ISSA, Mr. RENZI, and Mr. LIN- Slaughter, Lois Capps, Adam B. Schiff, H.R. 2354: Mr. BRADLEY of New Hampshire. COLN DIAZ-BALART of Florida. Nydia M. Velazquez, Chris Van Hollen, Xa- H.R. 2426: Mr. LARSEN of Washington. H.R. 4875: Ms. MCCOLLUM. vier Becerra, Tom Lantos, and Rush D. Holt. H.R. 2541: Mr. VAN HOLLEN. H.R. 4899: Mr. DEFAZIO. Petition 13, September 30, 2004, by Mr. ED- H.R. 2560: Mr. BRADLEY of New Hampshire. H.R. 4923: Mr. BOEHLERT. WARDS on House Resolution 773 was signed H.R. 2680: Mr. GEPHARDT, Mr. QUINN, Mr. H.R. 4927: Mr. SHUSTER, Mr. INSLEE, and by the following Members: Chet Edwards, ALLEN, Mr. BOYD, Mr. ACKERMAN, Mr. SAND- Ms. LOFGREN. Marion Berry, Diane E. Watson, Eddie Ber- ERS, Mr. BACA, Mr. DOLLEY of California, Ms. H.R. 4928: Mr. ABERCROMBIE. nice Johnson, David E. Price, Adam B. GRANGER, Mr. WELDON of Florida, Mr. SES- H.R. 4936: Mr. GONZALEZ, Ms. GINNY BROWN- Schiff, Hilda L. Solis, Raul M. Grijalva, Wm. SIONS, Mr. NUSSLE, Mr. KING OF NEW YORK, WAITE of Florida, Mr. BLUMENAUER, Mr. MIL- Lacy Clay, Steven R. Rothman, Joseph Mr. LUCAS of Kentucky, Mr. BOUCHER, and LER of North Carolina, and Ms. SOLIS. Crowley, Edolphus Towns, Ruben Hinojosa, Mr. LIPINSKI. H.R. 4940: Mr. PLATTS. Robert Menendez, Dale L. Kildee, Jose E. H.R. 2699: Mr. NETHERCUTT, Mr. CANNON, H.R. 4978: Mr. SANDERS. Serrano, Charles B. Rangel, Julia Carson, Mrs. NORTHUP, Mr. MANZULLO, Mr. BISHOP of H.R. 4983: Mr. MEEHAN, Ms. BORDALLO, and Robert A. Brady, Benjamin L. Cardin, Leon- Utah, Mr. DOLLEY of California, and Mrs. Mr. CAPUANO. ard L. Boswell, Joe Baca, Tim Holden, BLACKBURN. H.R. 4985: Mr. GREENWOOD. Denise L. Majette, Carolyn McCarthy, Lou- H.R. 2899: Mr. WALSH. H.R. 5011: Mr. RYUN of Kansas. ise McIntosh Slaughter, Lois Capps, Charles H.R. 2950: Mr. LAHOOD. H.R. 5022: Mr. BALLENGER and Mr. MEEKS of W. Stenholm, James P. McGovern, Nydia M. H.R. 3009: Ms. MCCARTHY of Missouri and New York. Velazquez, Charles A. Gonzalez, Chris Van Mr. NADLER. H.R. 5023: Mr. MEEKS of New York. Hollen, Karen McCarty, Bart Stupak, Xavier H.R. 3103: Mr. CHABOT and Mr. WEXLER. H.R. 5055: Mr. HOUGHTON, Mr. KOLBE, Mr. Becerra, Robert E. Andrews, Tom Lantos, H.R. 3111: Mrs. NAPOLITANO, Mr. DOYLE, SCOTT of Georgia, Mr. NETHERCUTT, Mr. Rush D. HOlt, Allen Boyd, Frank Pallone, Ms. WOOLSEY, and Mr. WEXLER. ALLEN, Mr. SANDLIN, Mr. GONZALEZ, Mr. Jr., Peter A. DeFazio, Michael R. McNulty, H.R. 3242: Mr. BERMAN, Mr. BECERRA, and UPTON, Mr. BURTON of Indiana, Mr. BOOZMAN, and Susan A. Davis. Mr. BUTTERFIELD. Mr. RADANOVICH, Mr. JOHNSON of Illinois, H.R. 3299: Mr. NADLER. Mrs. KELLY, Mr. GILLMOR, Mr. WEXLER, Mr. f H.R. 3438: Mrs. CAPITO, Ms. CARSON of Indi- WHITFIELD, Mr. LANGEVIN, Mr. MANZULLO, ana, Mr. SCHROCK, Mr. HALL, and Mr. Mr. JENKINS, and Mr. PICKERING. DISCHARGE PETITIONS— WELDON of Pennsylvania. H.R. 5061: Mrs. BLACKBURN. ADDITIONS OR DELETIONS H.R. 3455: Mr. CUMMINGS. H.R. 5068: Mr. ETHERIDGE. H.R. 3579: Mr. CANNON and Mr. BISHOP of H.R. 5090: Mr. TERRY. The following Members added their Utah. H.R. 5107: Ms. LINDA T. SANCHEZ of Cali- names to the following discharge peti- H.R. 3716: Mr. GREEN of Wisconsin. fornia, Mr. GOODLATTE, and Mr. BERMAN. tions: H.R. 3767: Mr. STENHOLM. H.R. 5111: Mr. CUNNINGHAM. Petition 11 by Ms. LEE on House Resolu- H.R. 3847: Mr. LEVIN. H.R. 5113: Mr. GRIJALVA, Mr. HOEFFEL, Mr. tion 748: Tom Udall, Earl Blumenauer, Eliot H.R. 3858: Mr. PICKERING. WEINER, Mr. TIERNEY, Mrs. DAVIS of Cali- L. Engel, Jim Davis, Dennis A. Cardoza, Jo- H.R. 3859: Mr. MENENDEZ, Ms. KAPTUR, Ms. fornia, Mr. MCDERMOTT, Mr. RYAN of Ohio, seph Crowley, Luis V. Gutierrez, Mark Udall, DEGETTE, Mr. MEEHAN, Mr. SCOTT of Geor- Mr. KUCINICH, Mr. DEFAZIO, Ms. MAJETTE, Adam Smith, Brad Miller, Chaka Fattah, gia, and Mr. MILLER of North Carolina. Mr. DAVIS of Illinois, Mr. HINOJOSA, Mrs. James P. Moran, Robert Menendez, Baron P. H.R. 4016: Mr. ACEVEDO-VILA. MCCARTHY of New York, Mr. ANDREWS, Ms. Hill, Dennis Moore, Jose E. Serrano, David H.R. 4026: Mr. ABERCROMBIE. WOOLSEY, Mr. OWENS, Mr. BISHOP of New Wu, and Allen Boyd.

VerDate Aug 04 2004 04:26 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\L30SE7.100 H30PT1 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, THURSDAY, SEPTEMBER 30, 2004 No. 121 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE MAJORITY to move this bill expeditiously—if it called to order by the President pro LEADER looks as though we are not bringing it tempore (Mr. STEVENS). The PRESIDENT pro tempore. The to appropriate closure, we will consider The PRESIDENT pro tempore. To- majority leader is recognized. filing cloture at the appropriate time. Again, that will allow us to continue to day’s prayer will be offered by the Very f Reverend Matthew William Searfoorce work on the bill and offer and debate of the Nativity of the Holy Virgin SCHEDULE germane amendments, but it would be Mary Orthodox Church in Waterbury, Mr. FRIST. Mr. President, this morn- just an effort to give further focus on CT. ing, we will return to the consideration the bill. This is clearly not a threat at of the intelligence reform legislation. all. It is just a plea in many ways for people to come to the floor now, this PRAYER Yesterday, in addition to disposing of a number of amendments, we were able morning, today, to work with the man- The guest Chaplain offered the fol- to reach an agreement that all first-de- agers so their amendments can be con- lowing prayer: gree amendments must be filed at the sidered. This is an extremely important bill. Let us pray. desk by 4 p.m. today. I thank all Sen- It is a bill that we absolutely will fin- O Lord God of hosts, God of our sal- ators for allowing us to take this im- ish as well as the internal reorganiza- vation, bless this legislative body with portant step toward completion of this tion and oversight of this body before wisdom. Bless our Nation, and guide us bill. we leave on October 8. We do want the in Your path to righteousness. Fill the I also continue to encourage all Sen- Senate to work its will on this bill. I hearts of these Senators with Your ators who still desire to offer amend- know there are caucus meetings and a goodness and wisdom, and may they al- ments to contact the bill managers lot of conferences going on off the floor ways follow Your path in life, and do this morning in order to set up a queue on the bill and bringing people up to good work for our country. for their consideration. I also hope speed with all the ramifications of the Let the words spoken by Moses to the Members will be reasonable with their bill. We want to continue to encourage Israelite people be applied to us: ‘‘Be time requests on their respective that, but the process on the floor we bold, stand fast, and see the salvation amendments. Unfortunately, I antici- need to continue to move in an effi- which is from God. The Lord will fight pate that a large number of amend- cient way. for you.’’ O God, You are our hope, our ments will be filed, although we are With respect to votes on Friday and strength, and our protection. not encouraging Members to do so. Monday, the Democratic leader and I Let us always keep Your prayer in As the Democratic leader and I men- have not made announcements as to our hearts. ‘‘O Lord and Master of our tioned yesterday, and indicated on the whether we will be voting. We cer- lives! Take away from us the spirit of floor, we will be closely monitoring the tainly will be voting on Monday. But laziness, despair, lust of power and idle progress of the bill over the next sev- as to Friday, we will make announce- talk; eral days because we will be departing ments later today. But we need to but give rather to us the spirit of October 8. We have a large number of make progress. moderation, humility, patience, and issues to discuss and to address, as we What we would like to do is have a love; always do at the end of a session. Thus, number of amendments tomorrow, we Yea O Lord and King, grant that we we must bring this bill to closure and hope as many as 10 amendments con- may see our own transgressions, and have a final vote on this bill in the sidered over the course of the day to- judge not our brothers, for blessed are next couple of days. morrow—the managers will work with You unto the ages of ages.’’ Amen. I know there are a lot of colleagues that as a focus—but as many amend- who want to come to the floor and dis- ments today and tomorrow as possible. f cuss and talk on the bill and discuss We will have more to say on this later their amendments, and we ask them to today. After the filing deadline is do so today and tomorrow. Both today PLEDGE OF ALLEGIANCE reached, we will look at the amend- and tomorrow must be very full and ments we have before us, and then we The PRESIDENT pro tempore led the productive days. will talk further about scheduling. As we discussed on the floor yester- Pledge of Allegiance, as follows: f day, if it looks as though we are not I pledge allegiance to the Flag of the THANKING THE GUEST CHAPLAIN United States of America, and to the Repub- making adequate progress—again, we lic for which it stands, one nation under God, come to the floor again and again to Mr. FRIST. Mr. President, very brief- indivisible, with liberty and justice for all. make sure people understand we need ly, I want to take a moment to thank

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

S9995

. S9996 CONGRESSIONAL RECORD — SENATE September 30, 2004 the Very Reverend Matthew William your amendment at that time when it The last time we confronted an ex- Searfoorce, who is with us this morn- is considered. We have done that be- tended period of low prices, in 1999 and ing, for a truly wonderful and inspiring fore. It is important we accommodate 2000, our domestic support and safety opening prayer. Senators’ needs to do that again this net programs played a key role in help- Reverend Searfoorce comes to us time. So I ask, on behalf of leadership ing our rural communities weather the from the great State of Connecticut, in particular, that we have the co- storm. where he has served for the past 33 operation of all Senators. But if the deal that the Bush admin- years in the One Holy Catholic and Ap- We had a reasonably good day yester- istration cut had been in effect then, ostolic Church there. He is currently day, but a lot more needs to be done. the consequences could have been even rector at the Holy Virgin Mary Ortho- We have about 300 amendments pend- more devastating. We could have fallen dox Church. ing. Senators are going to have to be billions of dollars short of what was I had the opportunity to meet him more realistic about their expectations necessary to provide an adequate safe- through a very close personal friend of with regard to offering amendments. It ty net for our Nation’s farmers and mine, Ed O’Lear, and his wonderful is my hope that over the course of the ranchers. mother, whom I have known for the next several days we can find a more In my home State of South Dakota past, I guess, 34 years. It has been a realistic appreciation of how many alone, we could have fallen short by tremendous friendship between me and amendments there really are and what tens of millions of dollars, cuts that the O’Lear family, including Ed’s dad, kind of time will need to be allocated could have had a crippling impact on who passed away, and his mom and Ed. to consider those amendments in the my State’s No. 1 industry, and the Ed has, in effect, become a member coming days. overall health of our rural economy. of our family and us a member of his f One of the specific programs put at family. So it is through that friendship risk by the Bush administration’s pro- FARM SUPPORT PROGRAMS that I have had the opportunity to posed cuts is the new countercyclical meet the Very Reverend Searfoorce, Mr. DASCHLE. Mr. President, before farm program. whose prayer we very much appreciate we left for the August recess, I came to Many States, including South Da- today. the Senate floor to express my serious kota, were pleased with this program, With that, Mr. President, I yield the concerns about this administration’s which pays producers when prices are floor and look forward to a good day policies towards rural America. low but allows no payments when and will likely be back over the course On several critical issues, including prices are high. It uses a formula that of the day as we talk about further disaster aid, renewable fuels, and mar- updates bases and yields to the great- scheduling. ket concentration, the decisions the est extent possible, and that was a big f President has made have been right for improvement for many States. But this a very few large corporations, but important countercyclical program RECOGNITION OF THE MINORITY wrong for the large majority of rural could now be in jeopardy because of the LEADER Americans. administration’s framework agree- The PRESIDENT pro tempore. The And now it appears the administra- ment. Democratic leader is recognized. tion will once again stand against For producers in South Dakota who f farmers and ranchers by opposing the have seen years of drought and have bipartisan disaster aid approved by the now suffered a large production loss COMPLETING THE INTELLIGENCE Senate 2 weeks ago. I am hopeful that due to an early frost, the President’s REFORM LEGISLATION given the extent of disaster all across trade negotiators have once again Mr. DASCHLE. Mr. President, as we the nation and the large bipartisan called into question whether this ad- have now done several days in a row, support for this aid, the administration ministration is willing to back up its both the majority leader and I have will withdraw its opposition and agree rhetorical support of farmers, ranchers, felt the need to impress upon our col- that farmers and ranchers who are im- and rural Americans with the policies leagues the urgency of completing our pacted by natural disasters should not that will actually make a difference for work on this bill. It is important that be treated differently than others who our rural economy. we maximize the next 2 days. I think are victims of hurricanes, tornadoes or South Dakotans understand the ben- my advice to the majority leader will floods. efits of free trade, but they also under- be that we have votes on Friday unless Unfortunately, the pattern of neglect stand that free trade must be fair if we we can specifically enumerate at least for rural residents has continued as the are going to avoid a destructive race to 10 amendments that can be offered and administration has made yet another the bottom. And right now, the situa- debated and considered tomorrow. decision that diminishes the impor- tion confronting American producers is There is absolutely no reason this tance of family farmers and ranchers. anything but fair. body, with 100 Senators, if we are seri- As part of the ongoing negotiations The average worldwide tariff facing ous about completing our work, cannot being held by the World Trade Organi- American producers is now 62 percent, find the time and the effort to use to- zation, the Bush administration has while the average U.S. tariff on im- morrow to its fullest. So I am very agreed to a 20-percent cut in the allow- ported goods is only 12 percent. hopeful Senators will come to us able level of farm support and safety With the playing field already so throughout the day to volunteer their net programs for American producers slanted, it is inexplicable to me that willingness to come to the floor tomor- of corn, soybeans, wheat, and other we would do anything to further tip the row to offer these amendments. If that crops. scales against American producers. But does not happen, then our only other Remarkably, the administration that is exactly what the Bush adminis- recourse will, of course, be to have made this concession without receiving tration has done by agreeing to cut do- votes tomorrow and force our col- any assurances from our trading part- mestic farm support without getting leagues to use the day that otherwise ners that American producers will get anything concrete in return. will be lost. increased access to foreign markets in Even worse, the President’s top agri- So please let either our managers return. In other words, the administra- cultural negotiator has already indi- know or leadership know your intent tion has agreed to unilaterally disarm cated that the administration may regarding these amendments. As the our nation’s farmers. agree to further reductions, and he has majority leader noted, you have until 4 For the owners of large corporate ag- actually told the media that the cuts o’clock this afternoon to file your ribusinesses, this deal may mean in- to domestic support programs could be amendments. As we noted yesterday, creased profits. But for thousands of as high as 50 percent. because of the backlog of legislative family farmers and ranchers, this deci- This is no way to conduct negotia- counsel, we appreciate the logistical sion deepens their insecurity, and tions on behalf of America’s farmers challenge this may require, but we are could lead to devastating consequences and ranchers. We should be demanding going to be understanding and flexible the next time we enter a period of low mutual concessions from our trading with regard to your ability to refine prices. partners, not giving up vital safety-net September 30, 2004 CONGRESSIONAL RECORD — SENATE S9997 programs based on some vague hope fight to ensure that they are once Without objection, it is so ordered. that other countries might open their again treated with the dignity and re- The Senator from Massachusetts is markets in the future. spect that they not only deserve but recognized. When I spoke about the challenges are entitled to as the anchors of so f facing our rural communities back in many of our Nation’s communities, and IRAQ—SHIFTING RATIONALE July, I said we had a moral obligation a vital part of our Nation’s economy. to do right by our family farmers and I yield the floor. Mr. KENNEDY. Mr. President, with ranchers. That should be our standard tonight’s Presidential debate coming whenever we make decisions on agri- f up, the whole Nation will be watching cultural policy: Are we doing right by NATIONAL INTELLIGENCE REFORM JOHN KERRY and George Bush debate rural America? ACT OF 2004 the all important issue of why America The administration’s proposal to cut The PRESIDENT pro tempore. Under went to war in Iraq, when Iraq was not farm support and safety-net programs the previous order, the Senate will re- an imminent threat, had no nuclear fails that basic test. Like so many sume consideration of S. 2845, which weapons, no persuasive links to al- other decisions this administration has the clerk will report. Qaida, no connection to the terrorist made, it puts the interests of large ag- The legislative clerk read as follows: attacks of September 11th, and no ribusinesses ahead of farmers and con- stockpiles of weapons of mass destruc- sumers, and it threatens the future A bill (S. 2845) to reform the intelligence tion. community and intelligence and intel- health of our rural communities. It is now clear that from the very In short, the administration’s pro- ligence-related activities of the United States Government, and for other purposes. moment President Bush took office, posal does wrong by rural America. Iraq was his highest priority as unfin- Pending: Last month, I wrote a letter to Presi- ished business from the first Bush ad- dent Bush asking him to rescind his ad- Collins Amendment No. 3705, to provide for ministration. ministration’s offer to cut farm sup- homeland security grant coordination and simplification. His agenda was clear: find a rationale port programs. Much to my disappoint- to get rid of Saddam. ment, the President’s top trade nego- Lautenberg Amendment No. 3767, to specify that the National Intelligence Director Then came 9/11. In the months that tiator, Ambassador Zoellick, responded shall serve for one or more terms of up to 5 followed, the war in Afghanistan and by saying that my concerns were out- years each. the hunt for Osama bin Laden had ob- side the ‘‘mainstream of American ag- Warner/Stevens Amendment No. 3781, to vious priority, because al-Qaida was riculture.’’ modify the requirements and authorities of clearly the greatest threat to our na- Well, I have some news: In South Da- the Joint Intelligence Community Council. tional security. kota and across rural America, selling The PRESIDENT pro tempore. The Despite all the clear and consistent out farmers and ranchers for the ben- Senator from Maine is recognized. warnings about al-Qaida, President efit of big agribusiness is not part of Ms. COLLINS. Mr. President, I note Bush treated it as a distraction from the mainstream. that the Senator from Massachusetts is his obsession with Saddam. By the I am also not reassured by Ambas- in the Chamber. I wonder if I could in- summer of 2002, President Bush was sador Zoellick’s claim that, somehow, quire of the Senator from Massachu- restless for war with Iraq. The war in the 20-percent cuts will not actually setts whether he is going to be seeking Afghanistan was no longer in the head- impact our support and safety net pro- recognition to speak on the bill or on lines or at the center of attention. Bin grams. another issue? Ambassador Zoellick has already Laden was hard to find, the economy The PRESIDENT pro tempore. The touted these cuts as ‘‘concessions’’ was in trouble, and so was the Presi- Senator from Massachusetts. that brought other nations back to the dent’s approval ratings in the polls. Mr. KENNEDY. The subject matter table. Karl Rove had tipped his hand earlier on which I will address the Senate is So, which is it, are they concessions by stating that the war on terrorism related to the substance of the bill, but or not? Who is being fooled, the other could bring political benefits as well. it is not directly going to be on the bill 146 nations or American farmers and The President’s undeniable goal was to itself. It is related to the substance of ranchers? convince the American people that war The administration can’t have it the bill. was necessary with Iraq—and nec- both ways. Either the concessions Ms. COLLINS. Mr. President, I would essary right away—because Saddam mean something and that is what like to propound a unanimous consent was a bigger threat. brought the negotiators to the table, or request that the Senator from Massa- That conclusion was not supported the administration fooled all our trad- chusetts be recognized for 10 minutes, by the facts or the intelligence, but ing partners. Neither is good policy. to be followed by the Senator from Or- they could be retrofitted to support it. My experience with this administra- egon, Mr. SMITH, to be recognized for 10 Senior administration officials kept tion—an administration which opposed minutes. suggesting the threat from Iraq was a robust farm bill—tells me that if The PRESIDENT pro tempore. The imminent. there is a trade deal that is bad for ag- Chair points out that under the Pas- At a roundtable discussion with Eu- riculture but good for other segments tore rule, it does take unanimous con- ropean journalists last month, Sec- of our economy, agriculture will lose sent to speak on matters other than retary Rumsfeld insisted: ‘‘I never said out, whether that means a 20-percent the bill for the first 2 hours. imminent threat.’’ cut, or even a 50-percent cut. Mr. KENNEDY. Mr. President, I will In fact, Secretary Rumsfeld had told And at that point, States like South be glad to debate that issue if the Chair the House Armed Services Committee Dakota, and all of rural America, will is going to make a ruling on it. I main- on September 18, 2002, ‘‘. . . Some have be on the short end of the stick. That tain that the substance on which I am argued that the nuclear threat from is simply unacceptable. speaking is related to intelligence Iraq is not imminent—that Saddam is We can do better. We can return issues. If there is going to be a point of at least 5–7 years away from having nu- mainstream values to our agricultural order made on substance under the clear weapons. I would not be so cer- policies, and we can do right by Amer- Pastore rule, I would be glad to have tain.’’ ica’s heartland. It is not too late to re- the Chair rule and we will let the Sen- In May 2003, White spokesman Ari verse the administration’s misguided ate vote on it. Fleischer was asked whether he went agricultural and rural policies. The The PRESIDENT pro tempore. There to war ‘‘because we said WMD were a WTO negotiators are going back to the is a unanimous consent request pend- direct and imminent threat to the negotiating table early next month. ing before the Senate. Is there objec- United States.’’ Fleischer responded, They can ensure that we do not give up tion? Is there objection to the request ‘‘Absolutely.’’ important safety-net programs without of the Senator from Maine for 10 min- What else could National Security getting anything in return. utes for the Senator from Massachu- Adviser Condoleezza Rice have been Those of us who stand with America’s setts and 10 minutes for the Senator suggesting, other than an imminent farmers and ranchers will continue to from Oregon? threat—an extremely imminent S9998 CONGRESSIONAL RECORD — SENATE September 30, 2004 threat—when she said on September 8, nity was far from certain. Yet the Vice Two weeks later, in his radio address 2002, ‘‘We don’t want the smoking gun President had no doubt. to the Nation, a month before the war to be a mushroom cloud.’’ On September 8, 2002, CHENEY was began, President Bush described the President Bush himself may not have even more emphatic about Saddam. He ties in detail, saying ‘‘Saddam Hussein used the word ‘‘imminent’’, but he said, ‘‘[We] do know, with absolute cer- has longstanding, direct and con- carefully chose strong and loaded tainty, that he is using his procure- tinuing ties to terrorist networks...’’ words about the nature of the threat— ment system to acquire the equipment He said: ‘‘Senior members of Iraqi in- words that the intelligence community he needs in order to enrich uranium to telligence and al-Qaida have met at never used—to persuade and prepare build a nuclear weapon.’’ The intel- least eight times since the early 1990s. the Nation to go to war against Iraq. ligence community was deeply divided Iraq has sent bomb making and docu- In the Rose Garden on October 2, about the aluminum tubes, but CHENEY ment-forgery experts to work with al- 2002, as Congress was preparing to vote was absolutely certain. Qaida. Iraq has also provided al-Qaida on authorizing the war, the President One month later, on the eve of the with chemical and biological weapons said the Iraqi regime ‘‘is a threat of watershed vote by Congress to author- training. An al-Qaida operative was unique urgency.’’ ize the war, President Bush said it even sent to Iraq several times in the late In a speech in Cincinnati on October more vividly. He said, ‘‘Iraq has at- 1990s for help in acquiring poisons and 7 that year, President Bush echoed tempted to purchase high-strength alu- gases. We also know that Iraq is har- Condoleezza Rice’s image of nuclear minum tubes . . . which are used to en- boring a terrorist network headed by a devastation: ‘‘Facing clear evidence of rich uranium for nuclear weapons. If senior al-Qaida terrorist planner. This peril, we cannot wait for the final the Iraqi regime is able to produce, network runs a poison and explosive proof—the smoking gun—that could buy, or steal an amount of highly en- training camp in northeast Iraq, and come in the form of a mushroom riched uranium a little larger than a many of its leaders are known to be in cloud.’’ He says he did not use the word single softball, it could have a nuclear Baghdad.’’ ‘‘imminent.’’ What could be more im- weapon in less than a year. And if we In fact, there was no operational link minent than talk like that? allow that to happen, a terrible line and no clear and persuasive pattern of At a political appearance in New would be crossed . . . Saddam Hussein ties between the Iraq and al-Qaida. Mexico on October 28, 2002, after Con- would be in a position to pass nuclear That fact should have been abundantly gress had voted to authorize war, and a technology to terrorists.’’ clear to President Bush, since Iraq and week before the election, President In fact, as we now know, the intel- al-Qaida had diametrically opposite Bush said Iraq was a ‘‘real and dan- ligence community was far from united views of the world. gerous threat.’’ on Iraq’s nuclear threat. The adminis- Al-Qaida and its religious fanatics At a NATO summit on November 20, tration attempted to conceal the dis- detested Saddam, because Saddam was 2002, President Bush said Iraq posed a agreement from the public by a secular dictator. Yet, President Bush ‘‘unique and urgent threat.’’ classifying the information and the dis- had more than half the country believing that Saddam and al-Qaida were in In Fort Hood, TX, on January 3, 2003, sents by the intelligence community cahoots on 9/11. President Bush called the Iraqi regime until after the war, even while making Secretary of State Colin Powell now a ‘‘grave threat.’’ dramatic and excessive public state- Nuclear weapons. Mushroom cloud. agrees that there was no link between ments about the immediacy of the dan- 9/11 and Saddam’s regime. So does Sec- Unique and urgent threat. Real and ger. dangerous threat. Grave threat. This retary of Defense Donald Rumsfeld. The second major claim in the ad- A bipartisan 9/11 Commission Staff was the administration’s rallying cry ministration’s case for war was the Statement put it plainly: ‘‘Two senior for war. linkage between Saddam Hussein and bin Laden associates have adamantly When he was Secretary of Defense al-Qaida. during the first Gulf War, Vice Presi- denied that any ties existed between The National Intelligence Estimate al-Qaida and Iraq. We have no credible dent CHENEY said, ‘‘We were not going found no cooperative relationship be- to get bogged down in the problems of evidence that Iraq and al-Qaida cooper- tween Saddam and al-Qaida. On the ated on attacks against the United trying to take over and govern Iraq.’’ contrary, it stated only that such a re- States.’’ As Senator EDWARDS has said, Sec- lationship might happen if Saddam The bipartisan 9/11 Commission re- retary CHENEY was against getting were ‘‘sufficiently desperate’’—in other port stated clearly that there was no bogged down in Iraq before he was for words, if America went to war. But the evidence of a collaborative ‘‘oper- it. intelligence estimate placed ‘‘low con- ational’’ connection between Saddam Here is another quote from the New fidence’’ that, even in desperation, Sad- and al-Qaida. The report said there was York Times in 1991, by Secretary CHE- dam would give weapons of mass de- no evidence ‘‘indicating that Iraq co- NEY: struction to al-Qaida. operated with al-Qaida in developing or If you are going to go in and topple Sad- President Bush ignored all that. He carrying out any attacks against the dam Hussein, you have to go to Baghdad. was relentless in raising America’s Once you’ve got Baghdad, it’s not clear what United States.’’ fears about Saddam after the dev- This past July, the Senate Intel- you’re going to do with it. It’s not clear what astating 9/11 tragedy. He drew a clear kind of government you would put in place. ligence Committee issued a bipartisan How much credibility is that government link—and drew it repeatedly—between report whose title was, ‘‘Prewar Intel- going to have if it is set up by the United al-Qaida and Saddam. ligence Regarding Iraq Weapons of States military when it is there? How long In a September 25, 2002, statement at Mass Destruction and Links to Ter- does the United States military have to pro- the White House, President Bush flatly rorism.’’ The report said there was not tect the people that sign on for that govern- declared: ‘‘You can’t distinguish be- ‘‘an established formal relationship’’ ment? What happens to it once we leave? tween al-Qaida and Saddam when you between al-Qaida and Saddam Hussein. That was Secretary CHENEY, his talk about the war on terror.’’ How But in his march to war, President words. He was against the war, too, be- could any President make a prepos- Bush exaggerated the threat anyway. fore he was for it. terous statement like that? It was not subtle. It was not nuanced. But, it was Vice President CHENEY He kept piling it on. In his State of It was pure, unadulterated fear who first laid out the trumped up argu- the Union Address in January 2003, mongering, based on a devious strategy ment for war with Iraq to an President Bush said, ‘‘Evidence from to convince the American people that unsuspecting public. In a speech on Au- intelligence sources, secret commu- Saddam had helped commit 9/11 and gust 26, 2002, to the Veterans of Foreign nications, and statements by people had the ability to provide nuclear Wars, he asserted: ‘‘. . . We now know now in custody reveal that Saddam weapons to al-Qaida, so that immediate that Saddam has resumed his efforts to Hussein aids and protects terrorists, war was necessary. acquire nuclear weapons . . . Many of including members of al-Qaida.’’ He America went to war in Iraq because us are convinced that Saddam will ac- said Saddam could provide ‘‘lethal vi- President Bush insisted that nuclear quire nuclear weapons fairly soon.’’ As ruses’’ to a ‘‘shadowy terrorist net- weapons in the hands of Saddam Hus- we now know, the intelligence commu- work.’’ sein and his ties to al-Qaida were too September 30, 2004 CONGRESSIONAL RECORD — SENATE S9999 dangerous to ignore. None of that was It’s despicable to make charges like Lincoln after Antietam. I think JOHN true, so all that President Bush says that. It is not unpatriotic to tell the KERRY was right: People who cannot now is that Saddam was a brutal dic- truth to the American people about the make up their minds should not be tator and that America and the world war in Iraq. In this grave moment of President of the United States. are better off without him. Talk about our country, to use the words of Thom- But which is it? If, indeed, as Senator flip-flops. as Jefferson, ‘‘Dissent is the highest KERRY has claimed, we are less secure, How dare President Bush accuse form of patriotism.’’ then it seems that he is lacking a seri- JOHN KERRY of flip-flops on Iraq. My The PRESIDING OFFICER (Ms. MUR- ous component of judgment. response is ‘‘Physician, heal thyself.’’ KOWSKI.) The Senator from Oregon is Can Senator KERRY, by virtue of President Bush is the all-time world- now recognized for 10 minutes. bringing a new face to the Presidency, record-holder for flip-flops. Nothing SENATOR KERRY AND IRAQ convince some of our reluctant allies JOHN KERRY has said remotely com- Mr. SMITH. Madam President, I have to participate more vigorously to pares with President Bush’s gigantic been privileged on a number of occa- bringing democracy in Iraq? He be- flip-flops on the reasons he went to sions to be in that chair when Senator lieves he can, despite the fact that both war. KENNEDY was speaking. I say this with the French and German governments The war in Iraq itself has not made affection and admiration. Senator KEN- have said time and again, repeatedly, America safer and has not made the NEDY has been clear from the beginning no matter the outcome of the Amer- world safer. None of the President’s of this conflict that he is against the ican election, they will not do more to post war rationalizations are sufficient war in Iraq, and I respect his clarity. help in Iraq. to justify war. But it is interesting that while the sen- So it seems to me that Senator Almost every week, President bush ior Senator from Massachusetts has KERRY is playing a rather false hand to tries a new rationale for the war. He’s been entirely clear and entirely con- the American people. It is an illusory said our goal was ‘‘sovereignty’’ for sistent, the junior Senator from Massa- promise. It just will not happen. Iraq, ‘‘dignity’’ for Iraq’s culture, and chusetts, the Democratic nominee, I have heard the Senator complain ‘‘for every Iraqi citizen, the oppor- could not have been in more confusion, that we do not have enough troops, and tunity for a better life.’’ leaving the American people in a great- now he wants to pull the troops home. On April 30, 2004, he suggested the er sense of chaos than words could So the question is, Should we increase war was about human rights, saying make possible. the number of American troops or ‘‘there are no longer torture chambers It is amazing, interesting, that we should we bring them home and leave or rape rooms or mass graves in Iraq.’’ have in Senator KERRY a decorated Iraq to the Iraqis? This is a question He’s suggested the war was for free- Vietnam veteran, and yet we have in about which reasonable people can dis- dom and democracy. Senator KERRY a man who now is fall- agree, but Senator KERRY’s statements He’s said, ‘‘The rise of a free and self- ing in the polls who faces tonight an indicate he disagrees again with him- governing Iraq will deny terrorists a opportunity to clarify for the Amer- self. base of operation, discredit their nar- ican people his position on Iraq. With First he says we should do what the row ideology, and give momentum to plummeting poll numbers, it has to be military leaders say, even if that reformers across the region.’’ asked, why has his fortunes as a war means deploying more troops to Iraq. He has said the war was ‘‘a victory hero and veteran been so reversed? Then he said he intends to get all for the security of America and the civ- I find the answer in the Good Book in Americans troops home in his first ilized world.’’ a verse where Paul says: term. Then last week he said he does None of this rationale is an adequate For if the trumpet give an uncertain not intend to increase troops at all. justification for war, and the President sound, who shall prepare himself to the bat- Specifically he said: did not even try to make them a jus- tle? I believe as a new President, with new tification until long after the war I do not know that there is a more credibility, with a fresh start, that I have began and all the other plausible jus- certain sound than Senator KENNEDY. I the ability to be able to change the dynamics tifications had proven false. cannot imagine a more uncertain on the ground. Saddam was not an imminent threat. sound than Senator KERRY. I agree with him; he would certainly The war in Iraq was a perilous distrac- Let’s review the record. Whether you change the dynamics on the ground. tion from the real war on terrorism— are for or against the war, those are The enemies of freedom in Iraq would the war against al-Qaida. President positions one can argue, as I have done feel emboldened to wait it out until the Bush got it exactly wrong. To him, the on the side of the war on terrorism United States leaves, rather than rec- war in Afghanistan was a distraction that includes Iraq, or as Senator KEN- ognize the democratic process is irre- from the war he wanted against Sad- NEDY has against Iraq as a part of the versible. That is not the kind of dy- dam. war on terrorism, but let’s review what namic I want to see or the American The war on in Iraq has clearly made Senator KERRY has said to the Amer- people deserve to see. America more hated in the world, espe- ican people. When the Senate voted to give Presi- cially in the Islamic world, and it has Did going to war in Iraq make us dent Bush the authority to go to war, made Americans more vulnerable to more secure or less secure? Apparently, did we mean he could actually start a terrorist attacks both here at home Senator KERRY is not sure. He is saying war? This is a question that I, as a Sen- and overseas. now that we traded a dictator for chaos ator, take very seriously. Senator We’ll hear much more about this in Iraq. That has made us less secure. KERRY voted for the authorization, just issue in tonight’s Presidential debate, But during the primary season, he rav- as I did, but is now saying: and the debate will go in Congress and aged Howard Dean by saying: The authority was the authority to do the in communities across the country be- Those who doubted whether Iraq or the inspections. The authority is the authority tween now and the election. The most world would be better off without Saddam to build an alliance. The authority was nec- important decision any President ever Hussein and those who believe we are not essary because it was the only way to make makes is the decision on war or peace. safer with his capture don’t have the judg- inspections happen so that you could hold No President who misleads the country ment to be President or the credibility to be Saddam Hussein accountable. on the need for war deserves to be re- elected President. And that the Senate also gave the elected. Any President who does so Yet those are two diametrically op- President the ‘‘authority not to go to must be held accountable, and Novem- posed positions. war.’’ End of quote from JOHN KERRY. ber 2 is the chance to do it. Yesterday on ABC’s ‘‘Good Morning Yet what did the resolution actually Mr. President, we know that some America,’’ Diane Sawyer asked him say, Madam President? It could not be defenders of the President are des- this very question. He said: We won’t clearer. You heard what JOHN KERRY perate to support him. They say any know until we know whether this has said, what he thought it said, but he dissent is only helping the terrorists. been successful or not. Thank Heavens should have read it. It says: ‘‘Joint They even claim that al-Qaida wants President Roosevelt did not have that Resolution to authorize the use of the JOHN KERRY to win this election. position after Corregidor or President United States Armed Forces against S10000 CONGRESSIONAL RECORD — SENATE September 30, 2004 Iraq.’’ If my colleague read nothing cisions about electoral procedures. The legislation and moving it substantially else in the resolution but that first commission launched a public edu- toward fruition. Senators COLLINS and line, he would still have known what cation campaign to inform Iraqis about LIEBERMAN have put a substantial this resolution was designed to do. the process and encourage them to be- amount of work into crafting meaning- Later in the text, in case anyone come voters, and United Nation’s elec- ful bipartisan intelligence reform legis- missed the intent, it states: toral advisers are on the ground in lation that seeks to correct current The Congress declares that this section— Iraq. failings. They and their staffs should Which authorizes the use of the What is particularly interesting be commended for that effort. Armed Forces— about this is that on May 24, 2004, near- In addition, Senators MCCAIN and is intended to constitute specific statutory ly 4 months before Senator KERRY’s ROBERTS have stepped forward with authorization within the meaning of 5(b) of speech in New York, President Bush very thoughtful proposals for reform, the War Powers resolution. laid out a five-step plan for helping and as we work to fine-tune the Col- There is no room for disagreement Iraq achieve democracy and freedom. lins-Lieberman bill, their proposals about what we are doing with this reso- Everything Senator KERRY proposed will be an excellent source of ideas and lution. He voted for it. I did. An over- was part of the President’s plan he an- alternatives. whelming majority did. And it does not nounced in May, and the administra- We all owe our gratitude to the other say what Senator KERRY now says it tion has been implementing it. members of the Governmental Affairs said. In conclusion, at the present time, and Intelligence Committees, espe- I take responsibility for voting on Senator KERRY issued a press release cially Vice Chairman ROCKEFELLER on matters of war and peace very seri- stating that the President’s speech laid the Intelligence Committee, and their ously, but we cannot have it both ways. out general principles—and this is respective staff members for all the We cannot expect to have credibility in laughable—‘‘most of which we’ve heard contributions they have made to the the world, that Senator KERRY so con- before’’ because they are part and par- debate over the direction of intel- sistently states he would bring, if we cel of the President’s plan. ligence reform. squander our words in meaning in such So if the trumpet gives an uncertain I spoke last week about the direction a way as he now does on matters as im- sound, no one will prepare to battle, in which I thought we should move portant as authorizing war and peace. and that, I believe, is the reason for with these reforms and the shape these What do we do going forward, Madam Senator KERRY’s plummeting in the reforms should take. I would now like President? On September 20, Senator opinion polls of the United States. to discuss in more detail how we might KERRY gave a speech outlining his lat- I yield the floor. accomplish that within this legisla- est plan for Iraq. He had four main The PRESIDING OFFICER. The Sen- tion. points. ator from Maine. I will offer an amendment which I The first: The President must get Ms. COLLINS. Madam President, we hope will be a contribution to achiev- international support so American are now going to resume consideration ing these goals. First some back- troops do not have to ‘‘go it alone.’’ of S. 2845. Senator LIEBERMAN and I, ground. The fact is, 32 countries are contrib- along with the two leaders, encourage Our national intelligence community uting 25,000 soldiers to the coalition ef- Members to come forward with their currently resembles our military as it fort in Iraq. amendments. The leaders are deter- looked prior to 1947. It is made up of a The second part of his plan: The mined that we will finish this bill very number of agencies that originated at President must get serious about train- early next week. In order to do so, we different times and with different ing Iraqi forces. need the cooperation of all Senators structures, with shared common goals, Yet there are currently almost who have filed amendments, and we en- but frequently found they had dif- 100,000 fully trained Iraqi soldiers, po- courage them to bring them forward. ficulty working with one another be- lice officers, and other security per- The PRESIDING OFFICER. The Sen- cause of their different histories, dif- sonnel out of the 164,000 Iraqis out ator from Florida. ferent cultures, different bureaucratic there on the front lines defending their AMENDMENT NO. 3797 structures, and different priorities. freedom and protecting their country. Mr. GRAHAM of Florida. Madam That would have also been a definition An additional 75,000 Iraqis have re- President, I rise today to speak on for the American military pre-1947. ceived some form of security training what I consider to be one of the most In that year, at the urging of Presi- to guard important facilities. important areas of intelligence reform, dent Harry Truman, Congress passed The third point: The President must and then I will offer an amendment to the National Security Act, which carry out a reconstruction plan that help advance that position. brought together all of the components brings tangible benefits to the Iraqi Over the last several weeks, I have of the military. There had been a Sec- people. been making a series of statements on retary of the Navy, there had been a Yet the United States has already various aspects of intelligence reform. Secretary of War, sometimes referred spent more than a billion dollars on ur- In my recent statements, I have dis- to as the Secretary of the Army, and gent reconstruction projects in areas cussed the history of the U.S. intel- there certainly would have been a Sec- threatened by the insurgency. In the ligence community, the community’s retary of the Air Force had the Na- next several months, over $9 billion failure to adapt to changing conditions tional Security Act not intervened. will be spent on contracts that will since the end of the Cold War, the un- This new legislation created for the help Iraqis rebuild schools, hospitals, fortunate reluctance of both the Con- first time a civilian leader at the top bridges, as well as upgrade the elec- gress and the administration to tackle and uniformed service chiefs reporting tricity grid and modernize the commu- these much needed and long-reported to that leader. nications system. necessary reforms, the shape that I be- This was an important reform, but it This point is actually particularly lieve our reform should take, and the did not end all the rivalries and com- laughable, given that Senator KERRY, danger that excessive Government se- petition for actions and spending re- who now says we have to do this, voted crecy poses to our national security. sources within the military. There against the money to do this. He voted I have also expressed my gratitude to were a series of events that occurred in against the $87 billion before he says he the independent 9/11 Commission and the late 1970s and early 1980s which voted for it that included nearly $20 its predecessors for the work they have dramatized these continuing weak- billion in vital reconstruction for Iraq. done in analyzing the strengths and nesses. We were unable to rescue hos- Again, the uncertainty. weaknesses of the American intel- tages who had been taken in Tehran. His final point: The President must ligence community and offering rec- We were unable to avoid the massacre take immediate steps to guarantee ommendations as to how these weak- of over 200 American marines in bar- elections in Iraq will be held next year. nesses can be remedied. racks in Beirut by Hezbollah, and there Yet an Iraqi electoral commission is Today, I also thank several of my were a series of missteps on the small now up and running and has already colleagues for the work they have done island of Grenada. Reviewing all of hired personnel and is making key de- in providing the groundwork for this these issues, in 1986, it was becoming September 30, 2004 CONGRESSIONAL RECORD — SENATE S10001 apparent that though all the services counterterrorism be established, and I essary level of flexibility and adapt- reported to a single departmental head, am pleased that President Bush has en- ability by not writing into law which they still had many problems commu- dorsed the creation of such a center, commands should be created and what nicating with one another and working and it is contained in the legislation countries they should include. effectively together. before us today. Instead, we empowered the Secretary As it had in 1947, Congress again This center will bring together per- to establish or alter the unified com- stepped forward with the Goldwater- sonnel from a variety of disciplines and mands as circumstances dictate. Nichols Act, which decentralized the specialties from across the intelligence The current version of the Collions- military establishment. Control over community to focus on the problem of Lieberman bill includes language to es- military operations moved from the international terrorism. tablish national intelligence centers, Pentagon to several joint commands, By bringing them all together and in accordance with the 9/11 Commis- each responsible for a different geo- placing them on the same staff, we can sion’s recommendations. graphic area of the world. As a result, overcome the bureaucratic and socio- This is obviously a significant step in the U.S. military has become more ef- logical barriers that have sometimes the right direction. However, I believe that is necessary fective than ever before. prevented them from being effective. to make some modifications to the lan- Given that our international intel- This will also help us use our intel- guage in order to clarify the purpose of ligence community is currently in a ligence resources more efficiently by the centers and to ensure that the na- pre-1947 state, our challenge now is to ensuring that different agencies are tional intelligence director has the au- enact both the equivalence of the Na- not doing redundant work on the same thority needed to manage them effec- tional Security Act of 1947 and the threat. In addition to a national tively. Goldwater-Nichols Act of 1986 at the Some of the provisions that we need same time. In other words, we must counterterrorism center, the Commis- sion also recommends that other cen- to be aware of and include in the final centralize authority and then imme- version of this legislation as it relates diately commence the process of decen- ters be created to focus on different global challenges, such as nuclear pro- to national intelligence centers are tralizing the bureaucracy. these: We waited 39 years between the Na- liferation, international drug trafficking, or particular rogue states such First, we should include language tional Security Act and Goldwater- making clear that the mission of the Nichols. We cannot afford to wait 39 as North Korea, and Iran. These centers would be able to bring national intelligence centers is to years between the action we will hope- together personnel in the same manner focus on specific threats. fully take this year and the time we as the Counterterrorism Center, allow- In keeping with the Commission’s will begin to decentralize the intel- ing us to be more efficient and effec- recommendation, this would mean that ligence bureaucracies. It is essential tive in intelligence gathering and anal- some centers might focus on specific that this legislation create a strong di- ysis. countries or regions, while others rector of national intelligence and also The Commission recommended that would focus on global problems such as lay out the best possible structure for management of these centers should be nuclear proliferation. Second, we must make the national intelligence collection and analysis. one of the director’s primary respon- intelligence centers the focal point of In my view and in the view of many sibilities. Their recommendation intelligence gathering and analysis for others, our intelligence community states: would be most effective if it were orga- their particular area of focus. The current position of Director of Central The centers should develop a strat- nized around the mission-based model Intelligence should be replaced by a National that brings personnel from different Intelligence Director with two main areas of egy for the collection and analysis of agencies and specialties together to responsibility: (1) to oversee national intel- intelligence regarding their area of focus on whatever intelligence mis- ligence centers on specific subjects of inter- focus and draw upon the resources of sions the national director deems to be ests across the U.S. government and (2) to the various intelligence agencies to im- most important. manage the national intelligence program plement this strategy. In a recent publication called ‘‘Intel- and oversee the agencies that contribute to To give an example of how this might it. ligence Matters,’’ I state: work, imagine that the national direc- The national director must be given tor believes that we need a focus on This may seem counterintuitive, but for us to deal with this decentralization, we must the flexibility to create, reorganize or counterproliferation of nuclear weap- first centralize. Since their inception, the even disband these centers as needed, ons, and surely we do. agencies that make up our foreign intel- just as the Secretary of Defense has In a very important recent book, ligence community have focused on assign- the authority to shift the responsi- ‘‘Nuclear Terrorism,’’ by Graham Alli- ments like the collection of signals or visual bility of the unified commands. son, it is pointed out that there are two images. While each agency focuses on its For instance, Syria and Lebanon important truths as it relates to nu- own responsibilities, the larger realities— were once included in the European clear terrorism. The first is that it is like the changed nature of the enemy—go Command, but as the international sit- inevitable that nuclear weapons will unattended. They are nobody’s business. uation changed, it became more appro- come into the hands of terrorists who The structure we have before us priate to move them to Central Com- will use them against us. The second today gives us an opportunity to place mand, which already included their truth is that inevitability is prevent- those large issues of adaptation to new Middle Eastern neighbors. able. threats in an appropriate structure. A second instance is the Caribbean Professor Allison points out a num- The director will be responsible for region, which was previously included ber of steps that must be taken in giving the centers their missions and in the Atlantic Command and has since order to avoid the inevitable. Many of assigning them the personnel and re- been moved to the Southern Command, those relate to the intelligence com- sources they need to do their job. which includes the rest of Latin Amer- munity’s role. Professor Allison makes He or she can then be held account- ica. a number of suggestions as to what re- able for the centers’ performance and Congress had empowered the Sec- forms are required in order to avoid a accomplishments. retary of Defense to make these deci- nuclear weapon in the hands of a ter- This model was previously suggested sions while maintaining its constitu- rorist who is destined to use it against by the 9/11 Commission. tional responsibility for oversight and the people of the United States. In the conclusion of its report, it dis- appropriations. Just to summarize his points: cusses the structural problems that This wise allocation of authority has First, American intelligence must currently plague our intelligence com- enabled the Department of Defense to move beyond its Cold War mindset. munity, and suggest that significant do what the intelligence community This legislation will help us achieve changes must be made in order to has been unable to do; that is to re- that goal. achieve unity of effort among the com- spond to changing conditions in a swift Second, the United States must cul- munity’s various agencies. and decisive manner. tivate long-term strategic relation- The Commission report recommends The authors of Goldwater-Nichols ships with foreign intelligence agen- that a national center for gave the Secretary of Defense the nec- cies. I believe having a strong director S10002 CONGRESSIONAL RECORD — SENATE September 30, 2004 of national intelligence will contribute The national director should be re- I ask unanimous consent that the to that objective. quired to frequently review the mission letter from Governor Kean and Con- Third, the American intelligence and areas of responsibility of the intel- gressman Hamilton be printed in the community must enhance its data-min- ligence centers, so that we do not RECORD. ing efforts to process, analyze, and dis- waste time staring at the dragon which There being no objection, the mate- seminate open sources of intelligence. we have already slain. rial was ordered to be printed in the This legislation provides a heightened He must also have the ability to cre- RECORD, as follows: awareness of the value and the credi- ate new centers rapidly, so that they SEPTEMBER 27, 2004. bility of open source information, that are not slow to react to the appearance Hon. BOB GRAHAM. is information that is available, other of snakes. DEAR SENATOR GRAHAM: Thank you for than through clandestine means. The amendment I am offering would your question about the 9/11 Commission’s Finally and above all, intelligence modify the very instructive policies in proposal to establish national intelligence assessments must be credible. centers. The Commission made 41 rec- the Collins-Lieberman bill to lay the ommendations that we believe will signifi- I believe this provision for the estab- groundwork for reforms recommended lishment of national intelligence cen- cantly improve the security and safety of all by the 9/11 Commission, and ensure Americans. All of the recommendations are, ters will make a dramatic contribution that the national director has suffi- in our estimation, important. toward enhancing the credibility of cient authority to carry them out. We see a particular need for creating na- U.S. intelligence. Madam President and colleagues, I tional intelligence centers. We have reviewed The fact that we are creating within draw your attention to the fact that I your suggest amendment on the topic of na- this legislation one national intel- have discussed this amendment with tional intelligence centers. The language ligence center, that for seems constructive, and consistent with our Governor Kean and with former Con- proposed approach. As far as how to proceed, counterterrorism, and leaving the cre- gressman Lee Hamilton, the distin- ation of the other centers up to the dis- we leave the tactics of floor consideration to guished Chair of the 9/11 Commission. you and the bill managers. cretion of the national intelligence di- And I am pleased they have responded In our investigation of the 9/11 attacks, we rector is essentially an accident of his- enthusiastically. learned that the national security institu- tory. The 9/11 attacks were the use of I have received a letter from Gov- tions of the U.S. government are still the in- conventional weapons—fire and gaso- ernor Kean and Congressman Hamilton stitutions constructed to fight the Cold War. line—in a nonconventional manner— which includes this statement: National intelligence is still organized large airplanes flying into large build- around the collection disciplines of the home The importance of integrated, all-source agencies, not the joint mission. ings. analysis cannot be overstated. Without it, it If the attacks of 9/11 had taken an- The importance of integrated, all-source is not possible to ‘‘connect the dots.’’ No one analysis cannot be overstated. Without it, it other form, such as a cargo container competent today holds all of the relevant in- is not possible to ‘‘connect the dots.’’ No one which was loaded at a distant point formation. Our view is it is imperative to component today holds all the relevant in- and arrived in the Port of New York have unity of effort across the intelligence formation. Our view is that it is imperative and was unloaded, and a week later community. to have unity of effort across the intel- found itself in downtown Chicago, and Therefore, we strongly endorse the cre- ligence community. because that container, in addition to ation of national intelligence centers on spe- Therefore, we strongly endorse the cre- cific subjects of interest across the U.S. Gov- its commercial cargo, also carried a ation of national intelligence centers on spe- ernment. Clearly, with regard to the high cific subjects of interest across the U.S. gov- dirty nuclear bomb, and that bomb, priority of counterterrorism, the centers ernment. Clearly, with regard to the high were it to be detonated, we would have should be the intelligence entity inside the priority of counterterrorism, the center— had an event multiple times of what, in national counterterrorism center . . . we should be the intelligence entity (formerly fact, happened on 9/11. And I can assure have proposed. Other national intelligence the Terrorist Threat Integration Center) in- you that the center would have been centers—for instance, on counter-prolifera- side the National Counterterrorism Center written into this legislation and would tion, crime and narcotics, the Middle East, we have proposed. Other national intel- have been the center on the avoidance Russia and China—could be created based on ligence centers—for instance, on the President and National Security Coun- counterproliferation, crime and narcotics, of the proliferation of nuclear weapons. cil’s determination of need. We are about to give that authority the Middle East, Russia, and China—could be created based on the President and National to the director of intelligence. I believe The letter concludes: A true sharing of all relevant information Security Council’s determination of need. we should give it to him with as close These centers will draw from the talent of as possible the same authority and the among analysts, and the creation of national intelligence centers offering the best advice the individual agencies and become truly na- same capability as we are statutorily and analysis to the President—together with tional intelligence centers on their respec- giving to the center on terrorism. That the continued independence of State, Treas- tive issues. is what this amendment attempts to ury, Energy and Defense Department analyt- The National Intelligence Director that we do. ical units—provides a better way to foster have proposed would oversee the national in- Finally, we must ensure that our na- competitive analysis than does the status telligence centers to provide all-source analysis and plan intelligence operations for the tional intelligence community is con- quo. To keep the country secure, we believe the whole government on major problems. Under stantly adapting in response to our proposals, the National Intelligence Di- changes in the world around us. Unfor- government must build the intelligence capabilities it will need for the broad range of rector would retain the present Director of tunately, our intelligence community, national security challenges in the decades Central Intelligence’s role as the principal since its inception in that same Na- ahead. intelligence adviser to the president. We tional Security Act of 1947, has had dif- hope the president will come to look directly We have the opportunity to take a ficulty adapting to changed cir- to the directors of the national intelligence step which will fundamentally enhance cumstances. It had that difficulty in centers to provide all-source analysis in the security of the people of America their areas of responsibility. the 1950s. It has had that difficulty not only against the threat that we A true sharing of all relevant information since the last of the Soviet Union in know today, not only against the drag- among analysts, and the creation of national the late 1980s through the early 1990s. ons with which we are currently grap- intelligence centers offering their best ad- Our intelligence agencies were slow in vice and analysis to the president—together pling, but with those poisonous snakes shifting their focus from the Soviet with the continued independence of State, that may not be so obvious, the poi- Union to the more diffuse threat such Treasury, Energy and Defense Department sonous snakes which may be hiding as terrorism, weapons proliferation, analytical units—provides a better way to just beyond the horizon. and rogue states. foster competitive analysis than does the The national intelligence centers will status quo. As former CIA Director James Wool- be a key to our ability to do for intel- To keep the country secure, we believe the sey put it: ligence what Goldwater-Nichols did in government must build the intelligence ca- It was as if we had been struggling with a pabilities it will need for the broad range of dragon for 45 years and finally defeated it 1986 for our military. I urge my colleagues to seriously national security challenges in the decades . . . and then found ourselves in the jungle ahead. National intelligence centers should with a lot of poisonous snakes. The snakes consider and to adopt these amend- be among those capabilities. were harder to keep track of than the drag- ments to the excellent legislation We deeply appreciate your interest in the on. which is before us today. Commission’s recommendations, and we look September 30, 2004 CONGRESSIONAL RECORD — SENATE S10003 forward to working with you on the national 105 of the 9/11 Commission Report. It approaching this challenge in a very intelligence centers proposal, as well as on says: nonpartisan way. our other recommendations. Fourth, the oversight function of Congress The PRESIDING OFFICER. The Sen- Very respectfully, has diminished over time. In recent years, ator from Maine. TOM KEAN. traditional review of the administration of Ms. COLLINS. Madam President, I LEE HAMILTON. programs and the implementation of laws commend the Senator from Arkansas The PRESIDING OFFICER. The Sen- has been replaced by ‘‘a focus on personal infor the diligence with which he ap- ator from Arkansas. vestigations, possible scandals, and issues designed to generate media attention.’’ The proached the hearings throughout the Mr. LIEBERMAN. Madam President, August recess and the writing of this I wonder if I could, through you, ask unglamorous but essential work of oversight has been neglected, and few members past or important legislation. I very much ap- the distinguished Senator from Arkan- present believe it is performed well. DCI preciate the comments of the Senator sas if he is going to comment on Sen- Tenet told us: ‘‘We ran from threat to threat from Arkansas. He is always generous ator GRAHAM’s amendment. to threat. . . . [T]here was not a system in to me, as well as to the ranking mem- Mr. PRYOR. No. I was going to com- place to say, ‘You got to go back and do this ber. We would be remiss if we did not ment on an amendment that we adopt- and this and this.’ ’’ Not just the DCI but the thank him for his contributions to this ed. entire executive branch needed help from bill. He was terrific about redoing his Mr. LIEBERMAN. Madam President, Congress in addressing the questions of counterterrorism strategy and policy, look- schedule throughout the August recess after Senator PRYOR comments, I will ing past day-to-day concerns. Members of to participate in our numerous hear- be glad to speak for Senator GRAHAM. Congress, however, also found their time ings. He was instrumental in drafting The PRESIDING OFFICER. The Sen- spent on such everyday matters, or in look- provisions of the bill including the re- ator from Arkansas. ing back to investigate mistakes, and often quirement for the GAO report. I recog- Mr. PRYOR. Madam President, I rise missed the big questions—as did the execu- nize his hard work and leadership and today with a note of encouragement; tive branch. Staff tended as well to focus on thank him for his kind comments. that is, one of the things I have noticed parochial considerations, seeking to add or The PRESIDING OFFICER. The Sen- through the committee process, and cut funding for individual (often small) programs, instead of emphasizing comprehen- ator from Florida. certainly on the Senate floor, is how sive oversight projects. bipartisan—or maybe in a better sense AMENDMENT NO. 3797 Madam President, my hope is when of the word, nonpartisan—this debate Mr. GRAHAM. Madam President, I we finish this bill—it looks as though has been. I think the Senate is very send to the desk the amendment con- next week, realistically at this point— committed to following up on the 9/11 sistent with the statement I have just we will then turn to the work of re- recommendations in the 9/11 report. I made and ask for its immediate consid- forming congressional oversight. Mem- think we are approaching this in a way eration. bers on both sides of the aisle are very that is very constructive and very posi- The PRESIDING OFFICER. The committed to doing that. tive, and which we all hope and pray in pending amendment is set aside. Let me speak for a moment or two The clerk will report. the long term is very effective for our about an amendment I was able to tack national security and for our intel- The assistant legislative clerk read on in committee. Again, I thank the as follows: ligence. leadership in the committee but also I know there are a number of amend- The Senator from Florida [Mr. GRAHAM] thank the entire committee because in proposes an amendment numbered 3797. ments that we have still pending. I the end, after we explained this and don’t know exactly what is going to be Mr. GRAHAM. Mr. President, I ask worked through this and walked unanimous consent that the reading of offered or what will be agreed to, but through this, we decided this was an my plan is to listen very carefully to the amendment be dispensed with. amendment that should be added to the The PRESIDING OFFICER. Without all of those amendments. I think they bill, and it currently is in the proposed all have value. I may vote against some objection, it is so ordered. legislation. The amendment is as follows: of them; nonetheless, I think it is im- Basically, one thing the 9/11 Commis- portant that we have this discussion, sion Report said is we need to have a (Purpose: To improve the authorities with respect to the national intelligence centers) have this debate, and show our leader- way to evaluate our intelligence struc- ship for this Nation on this very issue. tures. It is important as we pass this On page 94, line 14, insert before the period the following: ‘‘, whether expressed in terms There are two Members, two really reform legislation, the most significant great leaders, I wish to commend; that of geographic region, in terms of function, or reform of intelligence since 1947, to in other terms’’. is, Senator COLLINS and Senator build into it some sort of look-back On page 95, line 3, insert after the period LIEBERMAN. They have done a fantastic provision. That is what we have tried the following: ‘‘Each notice on a center shall job and have demonstrated the pa- to do with my amendment. I am glad set forth the mission of such center, the area tience of Job through this process in the committee has agreed with this of intelligence responsibility of such center, their determination and commitment. and has been able to go along with this. and the proposed structure of such center.’’. They are a prime example of how this Basically, it requires the GAO to give On page 96, line 7, insert ‘‘of the center and Senate can work and should work and the personnel of the center’’ after ‘‘control’’. a report in 2 years, an independent ob- On page 96, between lines 8 and 9, insert how great things can be accomplished jective look at what we have done— by working together. the following: have we been successful? Have we (5) If the Director of a national intel- I think it is incumbent for us as a failed? Do we need to take away a little ligence center determines at any time that Senate and as a Congress to provide bit here or add a little bit there? But the authority, direction, and control of the the tools and the structure that we an independent evaluation, non- Director over the center is insufficient to ac- need in our intelligence community to partisan look at exactly what we have complish the mission of the center, the Di- connect the dots. done to make sure it is working. It is rector shall promptly notify the National In- I think the 9/11 Commission said this telligence Director of that determination. too important to not get it right the On page 97, between lines 2 and 3, insert in a number of ways in a number of first time. cases. But at one point, the 9/11 Com- the following: For example, the 9/11 Commission (5) develop and unify strategy for the col- mission report said: found a need-to-know culture of infor- lection and analysis of all-source intel- Of all our recommendations, strengthening mation protection rather than a need- ligence; congressional oversight may be among the to-share culture of integration. The (6) integrate intelligence collection and most difficult and important. GAO review can indicate whether ade- analysis, both inside and outside the United I know because I have talked to quate mechanisms have been put in States; many of my colleagues on both sides of place to change this culture and be (7) at the discretion of the NID develop the aisle that this body is committed interagency plans for the collection of all- more productive and better, long term, source intelligence, which plans shall— to reforming itself when it comes to infor U.S. intelligence. (A) involve more than one department, telligence issues. I thank the committee for its hard agency, or element of the executive branch Let me read, if I may, from the re- work. I thank the two leaders for their (unless otherwise directed by the President); port one short paragraph found on page hard work. I thank this entire body for and S10004 CONGRESSIONAL RECORD — SENATE September 30, 2004 (B) include the mission, objectives to be This amendment is well within the amendment. I thank him for it. I am achieved, courses of action, parameters for intent of the 9/11 Commission Report happy to accept the amendment on our such courses of action, coordination of agen- and recommendations as is evident by side. cies intelligence collection activities, rec- the letter that the Senator has from The PRESIDING OFFICER (Mr. EN- ommendations for intelligence collection plans, and assignment of departmental or the chairman and vice chairman of the SIGN). The Senator from Maine. agency responsibilities; committee. I endorse the amendment Ms. COLLINS. Mr. President, I know (4) ensure that the collection of all-source on my side. I am happy to accept it. I of no further debate on this amend- intelligence and the conduct of operations thank the Senator for working closely ment. are informed by the analysis of all-source in- with us. The PRESIDING OFFICER. The telligence; and The PRESIDING OFFICER. The Sen- question is on agreeing to the amend- On page 99, between lines 20 and 21, insert ator from Connecticut. ment. the following: Mr. LIEBERMAN. Madam President, (g) REVIEW AND MODIFICATION OF CEN- The amendment (No. 3797) was agreed TERS.—(1) Not less often than once each I rise to support the amendment, as to. year, the National Intelligence Director well, and to thank Senator GRAHAM for Mr. GRAHAM of Florida. Mr. Presi- shall review the area of intelligence respon- the characteristic thoughtfulness he dent, I extend my deepest gratitude to sibility assigned to each national intel- brought to this matter and the very Senator COLLINS and Senator ligence center under this section in order to constructive additions this amendment LIEBERMAN and also my appreciation determine whether or not such area of re- makes to the bill and to clarify the au- for the Senators’ kind remarks. sponsibility continues to meet intelligence thority and the importance of these priorities established by the National Secu- Mr. LIEBERMAN. It is deserved. rity Council. centers. I move to reconsider the vote and I (2) Not less often than once each year, the This is one of the central contribu- move to lay that motion on the table. National Intelligence Director shall review tions of this legislation and deriva- The motion to lay on the table was the staffing and management of each na- tively of the 9/11 Commission Report. It agreed to. tional intelligence center under this section grows out of the outrageous failure to Mr. LIEBERMAN. Mr. President, I in order to determine whether or not such share information prior to September suggest the absence of a quorum. staffing or management remains appropriate 11 that the 9/11 Commission Report for the accomplishment of the mission of The PRESIDING OFFICER. The such center. documents in riveting detail. clerk will call the roll. (3) The National Intelligence Director may As the Chair knows, we would estab- The assistant legislative clerk pro- at any time recommend to the President a lish on the passage of this, a national ceeded to call the roll. modification of the area of intelligence re- counter terrorism center to focus all of Mr. KYL. Mr. President, I ask unani- sponsibility assigned to a national intel- our efforts from all agencies—unity of mous consent that the order for the ligence center under this section. The Na- effort, joint command operations, et quorum call be rescinded. tional Intelligence Director shall make any cetera—in the fight against terrorism. such recommendation through, and with the The PRESIDING OFFICER. Without approval of, the National Security Council. We also take this basic idea and say to objection, it is so ordered. (h) SEPARATE BUDGET ACCOUNT.—The Na- the national intelligence director, you AMENDMENT NO. 3801 tional Intelligence Director shall, in accord- can set up other centers to deal with Mr. KYL. Mr. President, I ask unani- ance with procedures to be issued by the Di- other particular problems—maybe a mous consent that we lay aside the rector in consultation with the congressional specific threat like weapons of mass intelligence committees, include in the Na- pending business so I may offer an destruction or nuclear proliferation amendment which is at the desk. tional Intelligence Program budget a sepa- specifically or a country or subgroup rate line item for each national intelligence Before I finish, I want to say this on that may be threatening—the United center under this section. behalf of Senator CHAMBLISS and my- On page 99, line 21, strike ‘‘(g)’’ and insert States, set up a center on North Korea self. My intention is to speak on it ‘‘(i)’’. or Iran—and you would guarantee, now, then come back to it—pursuant to Ms. COLLINS. Madam President, I thereby, in these other centers that all an agreement that will be worked out thank our distinguished colleague from the arms of our Government would with the managers of the bill—some- Florida, Senator GRAHAM, for intro- know what the others would be doing, time early tomorrow afternoon, and ducing this amendment that clarifies would be sharing intelligence and anal- people who are opposed to it will have the role of the national intelligence ysis of intelligence through these cen- been able to come to the floor and de- centers that the NID is empowered to ters, being able to plan joint operations bate it. So we will talk on it right now create under our bill. for the collection of intelligence, very for a little while, but the purpose for Senator GRAHAM, as former chair of critically important to inform the proceeding now is to get it pending so the Intelligence Committee, and hav- President and the officers of our Gov- we can later reach an agreement and ing just published a book on intel- ernment how to deal with these crisis. set it for debate at a later time. ligence, provides this body with a very Senator GRAHAM’s amendment makes The PRESIDING OFFICER. The important perspective in this debate. clear how important these centers are clerk will report the amendment. His amendment strengthens the role of that the NID can create. The legislative clerk read as follows: the national intelligence centers by I stress, also, the centers are not per- placing them on par with the National manent. They are part of the vision The Senator from Arizona [Mr. KYL], for himself, Mr. CHAMBLISS, and Mr. DOMENICI, Counterterrorism Center. This amend- that comes out of the 9/11 Commission proposes an amendment numbered 3801. ment provides much needed flexibility Report. The Collins-Lieberman bill be- to the national intelligence director in fore the Senate now is about modern The amendment is as follows: establishing the centers. It allows the management, 21st century manage- (Purpose: To modify the privacy and civil director to establish criteria for the ment. If there is a problem, create a liberties oversight) centers to focus on vital areas of exper- center with all your best people around On page 52, strike beginning with line 21 tise. the table planning how to collect and through page 56, line 8. The amendment also directs the na- On page 154, strike beginning with line 8 analyze intelligence about the prob- through page 160, line 11 and insert the fol- tional intelligence director to provide lem, advise the President, Secretary of lowing: an annual report to Congress on the re- State, Secretary of Defense, whomever. (d) FUNCTIONS.— sponsibilities of each of the centers Once that problem is resolved, that (1) ADVICE AND COUNSEL ON POLICY DEVELOP- that are created. This is an important center can and should be terminated. MENT AND IMPLEMENTATION.—The Board aspect of this amendment. We can no That is the kind of flexibility involved. shall— longer afford to maintain the same per- Senator GRAHAM, as Senator COLLINS (A) review proposed legislation, regula- centage of Russian linguists today, for has said, is building on an extraor- tions, and policies related to efforts to pro- example, as we had during the Cold dinary record of experience and very tect the Nation from terrorism, including the development and adoption of informa- War. We have new wars, new chal- constructive leadership, outspoken, ap- tion sharing guidelines under section 205(g); lenges, new threats, and they demand propriately outspoken leadership in the (B) review the implementation of new and new capabilities and responses as the 9/ area of intelligence, and has given us existing legislation, regulations, and policies 11 Commission Report indicated. the benefit of that experience with this related to efforts to protect the Nation from September 30, 2004 CONGRESSIONAL RECORD — SENATE S10005 terrorism, including the implementation of the judgment of the Board, unreasonably re- bureaucracy here, putting a person in information sharing guidelines under section fused or not provided, the Board may submit charge as the national intelligence di- 205(g); and a request directly to the head of the depart- rector and making some other changes (C) advise the President and the department, agency, or element concerned. but crippling his effort and the efforts ments, agencies, and elements of the execu- On page 164, strike beginning with line 21 tive branch to ensure that privacy and civil through page 170, line 8. of the intelligence collection gatherers, analysts, and others in their ability to liberties are appropriately considered in the Mr. KYL. Mr. President, neither the development and implementation of such protect us by gathering intelligence. legislation, regulations, policies, and guide- 9/11 Commission nor the Senate Intel- Risk aversion, which is a big problem lines. ligence Committee, nor anyone else today, will be a huge problem in the fu- (2) OVERSIGHT.—The Board shall contin- that I am aware of, has said the prob- ture because, in addition to the people ually review— lem leading up to the attack of 9/11 was today who are looking over the shoul- (A) the regulations, policies, and proce- due to too much intelligence. The prob- dures, and the implementation of the regula- ders of the intelligence community, we lem, obviously, arose because we didn’t will have a whole array of new entities tions, policies, and procedures, of the depart- have enough intelligence. We could not ments, agencies, and elements of the execu- with great powers looking over their tive branch to ensure that privacy and civil gather enough information in a timely shoulder; and all of the effort that we liberties are protected; way to put together all of the possibili- are going through to try to begin say- (B) the information sharing practices of ties—some say connect the dots—in ing that people should think outside the departments, agencies, and elements of order to predict that a particular kind the box, should be bold, innovative, and the executive branch to determine whether of attack was going to occur on that imaginative, that we need more human they appropriately protect privacy and civil day. intelligence, and that those human in- liberties and adhere to the information shar- We have had a lot of good, construc- ing guidelines prescribed under section 205(g) telligence agents are going to do things and to other governing laws, regulations, tive suggestions from the 9/11 Commis- to gather more intelligence—we should and policies regarding privacy and civil lib- sion, from the Senate Intelligence have people who are willing to think erties; and Committee, from the administration, outside the box. All of that is going to (C) other actions by the executive branch from the work of the Governmental Af- be significantly jeopardized because of related to efforts to protect the Nation from fairs Committee, and from other com- the risk aversion that will be terrorism to determine whether such ac- missions in trying to understand why tions— blanketed over all of the community we didn’t have enough intelligence and with all of these different entities say- (i) appropriately protect privacy and civil why we could not put all of this to- liberties; and ing, wait a minute, we understand you (ii) are consistent with governing laws, gether. Many of the recommendations are trying to collect intelligence, but regulations, and policies regarding privacy of the Commission and the legislative we have people’s civil rights and pri- and civil liberties. solutions in the proposed bill try to vacy rights and all the rest to be con- (3) TESTIMONY.—The Members of the Board correct that problem of not having cerned about as well. shall appear and testify before Congress upon enough good intelligence. Of course those are legitimate con- request. None of the problems identified sug- (e) REPORTS.— cerns. That is why we have entities gested that we had too much intel- (1) IN GENERAL.—The Board shall periodi- today that help to ensure that privacy cally submit, not less than semiannually, re- ligence and the problem was that peo- and civil rights are not jeopardized. It ports— ple’s civil liberties were somehow being is enough. This bill creates so many (A)(i) to the appropriate committees of jeopardized, or that their privacy new opportunities for people who ob- Congress, including the Committees on the rights were being jeopardized. Nobody ject to intelligence gathering and anal- Judiciary of the Senate and the House of has ever said that was a problem. Representatives, the Committee on Govern- ysis in the way we know it needs to be Subsequent to 9/11, we passed the PA- done that they are going to be able to mental Affairs of the Senate, the Committee TRIOT Act. It has been signed into law on Government Reform of the House of Rep- ball up forever any ability to get mean- resentatives, the Select Committee on Intel- and most law enforcement officials, the ingful intelligence if we are not careful ligence of the Senate, and the Permanent Se- administration, and others argue per- about how we construct this bill. lect Committee on Intelligence of the House suasively, I think, that it has done a Let me tell you a little bit about of Representatives; and lot to help them win the war on terror what I am talking about. Here is a bit (ii) to the President; and by collecting additional intelligence. of background. Risk aversion—we un- (B) which shall be in unclassified form to Some have concerns about some of the derstand what it means. It was testi- the greatest extent possible, with a classified provisions of the PATRIOT Act with fied to by people such as Richard Clark annex where necessary. respect to civil liberties or privacy (2) CONTENTS.—Not less than 2 reports sub- and others before the Intelligence Com- mitted each year under paragraph (1)(B) rights. But those are issues that have mittee as the mindset which exists if shall include— come up subsequent to 9/11. you do anything out of the ordinary, if (A) a description of the major activities of My point is that the problem before you go against the grain, if you collect the Board during the preceding period; and 9/11 was not having too much intel- by unorthodox measures, if you ana- (B) information on the findings, conclu- ligence and that jeopardized people’s lyze intelligence in a way that might sions, and recommendations of the Board re- privacy or civil rights. Therefore, it be contrary to the superiors above you sulting from its advice and oversight func- comes as a great surprise to me that tions under subsection (d). in the organization, or to what some- (f) ACCESS TO INFORMATION.— there is such a huge emphasis in the body in Congress or somebody else (1) AUTHORIZATION.—If determined by the committee bill on privacy, civil rights, wants to see, or if the actions that you Board to be necessary to carry out its re- on having an ombudsman to protect take have some degree of risk associ- sponsibilities under this section, the Board is people’s rights, on having such an em- ated with them—either political risk or authorized to— phasis within the national intelligence legal risk, or certainly operational risk (A) have access from any department, directorate on these subjects, having a in terms of casualties and the like— agency, or element of the executive branch, special board that would look into it, therefore, because of all of these things or any Federal officer or employee, to all rel- with subpoena powers, outside the in- evant records, reports, audits, reviews, docu- there is an aversion to taking those ments, papers, recommendations, or other telligence community, and so on. It is risks. relevant material, including classified infor- my considered judgment, having served Government employees who have a mation consistent with applicable law; on the committee for 8 years, and hav- career, who have their retirement in (B) interview, take statements from, or ing heard testimony from a great many mind, and who want to continue to take public testimony from personnel of any people, including Richard Clark, by the work with the agency want to be sure department, agency, or element of the execu- way, who testified that risk aversion they are able to continue their careers, tive branch, or any Federal officer or em- was one of the key problems leading up do their jobs, and not, because they ployee; and to 9/11—it is my judgment that the (C) request information or assistance from perhaps work outside of the box, be pe- any State, tribal, or local government. overkill of all of these provisions in the nalized for doing that. (2) AGENCY COOPERATION.—Whenever infor- bill is a fatal flaw in this legislation, Agent Rowling of the FBI talked mation or assistance requested under sub- which must be corrected, or else what about this in her inability to get the paragraph (A) or (B) of paragraph (1) is, in we would have done is to rearrange the FBI to act on a warrant request she S10006 CONGRESSIONAL RECORD — SENATE September 30, 2004 sought to look into Zacarias conjunction with the underlying bill or tried to do something, almost, some- Moussaoui’s computers. One of the rea- as an amendment to it, that will also body said this is too risky; we cannot sons they didn’t act was out of a ‘‘po- fold in enhanced congressional over- do it. That was why the 9/11 Commis- litical correctness’’—their term, not sight. sion, the Senate Intelligence Com- mine—that concerned them about the We want enhanced congressional mittee, and many other observers have view that it would look like they were oversight, but it is a double-edged said we have to get out of this stulti- going after somebody on the basis of sword because it has been abused in the fying risk-aversion environment where racial profiling, or some kind of past and can be abused in the future. people are afraid that somebody is profiling, rather than because they When Members have not intelligence looking over their shoulder and is were under suspicion of committing a as their first priority but questioning going to jump on them if they do any- crime. somebody within the intelligence com- thing that is the least bit out of the or- This is the kind of risk aversion that munity, they can be pretty hard on the dinary or risky. We have to have the everybody agreed was part of the prob- intelligence community. We can go all out of the ordinary and risky if we are lem with the intelligence gathering the way to the Church Commission in ever going to defeat this very uncon- and analysis prior to September 11. 1976 to see what kind of damage that ventional enemy. How do you make that situation worse? can do. So we need to be careful about What does the bill do? It does not try You do it by adding new layers of peo- this congressional oversight, but it is to solve the problem; it makes it far ple who are second-guessing these in- going to be enhanced. We are going to worse. The purpose of our amendment telligence agents and analysts. There improve our ability to oversee the in- is to say we will follow the 9/11 Com- are enough people second-guessing telligence community. mission recommendation and set up them already, imposing the legal and In addition to the offices that exist this outside commission, but for Heav- political layer or filter of approval of today, and in addition to the inspector en’s sake, let’s not give it the kind of the actions of the people in the field. general, and in addition to the en- subpoena power—Congress already has But what the bill does is to create hanced congressional oversight, we are that, the inspector general already has whole new layers. creating two more directorates, an out- the ability to look into all of these First, it follows a recommendation of side board, and an ombudsman, all of things. We do not need an outside the 9/11 Commission to create some whom have essentially the same gen- board of five, or whatever, people ac- kind of outside board, but goes far be- eral responsibility of questioning countable to nobody with the ability to yond the 9/11 Commission recommenda- whether the intelligence agents, agen- totally disrupt what the intelligence tions in empowering this board with cies, analysts, and others are doing community is doing. subpoena power, literally the authority their job properly. Then we will ask It is fine to report to Congress, to of this outside board, that is not within ourselves why we could not get any- analyze what they think the situation the intelligence community at all, a body to think outside the box, to be is and let us know what their concerns citizen board, to haul in any agent any- forward leaning, to try to be aggressive are. But that is far different from oper- where in the world and grill him about in collecting intelligence, why every- ationally getting right down into the what he did or did not do or what he body was meekly following a very sin- bowels of the organization with hands concluded or did not conclude, with no gle straight line. that can extract anything, classified or guidance whatsoever. This is a recipe The fact that we are creating a na- not, subpoena anybody, whether in Af- for disaster. tional intelligence director creates a ghanistan or Langley or wherever, and In addition, as if that were not bit of a problem in this regard in the publicly question what is being done. enough, of the six assistant directors of first place because instead of having a That is the first part of the amend- the national intelligence directorate, wider array of entities involved, each ment. fully a third of them, two out of the with their own points of view, sort of The second part of the amendment is six, have nothing to do with intel- the devil’s advocate concept rec- to say we do not need all these new en- ligence collection or analysis; they are ommended by many, including the 9/11 tities given the fact we already have the privacy and civil rights division. Commission, to get out of a single- existing civil rights and privacy con- First, one wonders why those are not channel orientation group-think, we trols. I do not want to be misunder- the same thing and, second, why you are making the problem worse, in my stood. It would be very easy to charac- would have to have two out of the six view, by creating this single national terize or mischaracterize what we are directorates specifically charged with intelligence director. trying to do by saying these are people this responsibility. We already have an If you want a career in the agency, who do not care anything about civil inspector general whose responsibil- you better not run afoul of what the di- rights; these are people who want the ities include any situation in which an rector wants and what his views are. agency to run roughshod over Amer- agent or agency went beyond legal au- That is the reality of bureaucracy, and ican civil rights, and people can get thority or beyond other appropriate it exists in every agency of the Govern- pretty revved up about that very authority in the conduct of his or her ment, not just the intelligence commu- quickly. business. But in addition to the inspec- nity. But in the intelligence commu- Nothing could be further from the tor general, in addition to the officers nity, it is particularly important be- truth. The folks who are understand- who currently exist in each of the cause we want people who are willing ably going to put a high priority on agencies of the intelligence commu- to question, to go against the grain, to protecting civil rights need to balance nity—virtually all of them—to deal disagree with their boss, to take a risk. their legitimate concerns about civil with privacy and civil rights con- If we look back at President Clin- rights with a concern about the lives of cerns—these already exist—we create ton’s directives to the intelligence American citizens, to balance the legis- two new directorates with this legisla- community, he tried to be forward lation that is supposed to help fix the tion: this outside civilian board and an leaning, especially with regard to al- problem in such a way that we do not ombudsman. Qaida and Osama bin Laden. To para- put so many constraints on our intel- In looking through the ombudsman’s phrase, in effect what he said is we ligence community that it can’t do its responsibilities, for example, pity the have to do everything we can to try to job. poor intelligence agent who raises a get these guys. Repeatedly, efforts One of the biggest problems identi- question that causes this ombudsman were made to bring to his attention op- fied, this problem of risk aversion, will to have to question him. erations that would either improve our be horribly exacerbated if we simply This is not even to get into the con- intelligence or operationally deal with blindly follow the recommendation of gressional oversight which we want to al-Qaida and Osama bin Laden. They those who brought this bill to the enhance. Our working group, which is were shot down by the Pentagon, by floor—and I understand there were a developing the improvements to the In- the Secretary of State, by the National lot of compromises made in order to telligence Committee operation, will Security Adviser, by the lawyers, by get unanimous approval out of the be soon, I think, be making a rec- the intelligence community itself, the committee, but sometimes getting ommendation to the body, either in Director of the CIA. Every time we unanimous approval is the wrong goal. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10007 Sometimes you need to make tough thorities, legal restrictions, and exces- I urge my colleagues when we debate choices and you need to reject pro- sive oversight are among them. this amendment further tomorrow to posals that are offered by people who The deterioration of our intelligence please read the bill, look at the rel- then agree to vote for the overall bill if community’s clandestine service offers evant portions of the 9/11 Commission they get their amendment in the bill. a good example. recommendations, look at the testi- That is what happened with this bill, According to the 9/11 Commission’s mony of those who have raised this and there are too many little amend- report, James Pavitt, the head of the kind of question and ask whether the ments that got in which, when added CIA’s Directorate of Operations, re- bill as presented is not a little bit out up, are going to create a huge problem called that covert action had gotten of balance—I contend a great deal out with our intelligence community with the clandestine service into trouble in of balance. respect to this issue of risk aversion. the past, and he had no desire to see it I do not cast any aspersions on the I cannot stress strongly enough, and happen again. people who worked so hard to bring this will be my final point, our goal The ‘‘trouble’’ he referred to was at this bill to the Senate floor. There are ought to be to improve our intelligence least partly the result of the 1973 not enough compliments for the Sen- collection, to improve human intel- Church Committee hearings in Con- ator from Maine and the Senator from ligence, to improve analysis, to foster a gress. Added to that were the restric- Connecticut for the hard work they sense within this community that they tive guidelines promulgated by then- have done and all of the others who do not have to just follow the narrow CIA Director John Deutch in 1995, have worked so hard on it. This is not channel of group-think that was criti- which severely limited the ability of in any way meant as personal criti- cized so strongly by the 9/11 Commis- CIA case officers to meet with and re- cism, but I fear if we do not very care- sion, that they do not have to feel risk cruit foreign nationals who may have fully analyze this and try to correct averse, that they can take a chance been involved in dubious activities or it—and remember, that was part of sometimes because we need people to have blood on their hands. what this was all about: let’s get the be imaginative and innovative and The end result was out intelligence bill to the floor; we can always make think about possibilities that before 9/ community’s inability to penetrate al- corrections here. This is the time to do 11 we could not have even dreamed of. Qaida’s command structure. Before 9/ it. We have not written a bill on the I know now some people like to go 11, we had not one source inside that floor for a long time, but this is too im- back and ask: Why did you not think command structure. Unclear authori- portant not to take the time to do up the fact that people could fly planes ties, excessive oversight, and burden- right. into these buildings? Well, one reason some restrictions prevented our people I urge my colleagues, let us not make was because as soon as one starts on the ground from being effective. the mistake of rushing forward with thinking about those kinds of things, I recognize that privacy and civil lib- this, putting a rubberstamp on the somebody is going to come down on erties are substantively entirely dif- committee’s bill because we have to do them like a ton of bricks and say: Get ferent matters. However, the end result something before we leave on October back to your job and stay within the of unnecessary bureaucracy, restric- 8. We will spend years ruing the day we channel here. We do not have time for tions, and excessive oversight will be took this kind of action if we are not that kind of fantasizing. You are living the same. We will cultivate a culture in a fantasy world. careful about what we do. within the intelligence community The PRESIDING OFFICER. The Sen- We have to have people who are will- that makes it less likely that people ing to ask these tough questions and ator from Arizona. will be willing to do the jobs we are think in ways that they are not going Mr. MCCAIN. Mr. President, I ask asking them to do, and more likely to get slapped down when they do. The unanimous consent that the pending that they will want to ‘‘play it safe.’’ amendment of Senator KYL be laid sure recipe, the prescription for that My amendment would very simply occurring is by piling on layer upon aside for purposes of proposing addi- delete sections 126 and 127, which re- layer of outside groups, ombudsmen, tional amendments. quire officers for privacy and civil lib- civil rights, privacy divisions, all of The PRESIDING OFFICER. Is there erties with the National Intelligence these groups that are duplicative of objection? Authority; it would strike section 212, what we already have, to call into Without objection, it is so ordered. requiring privacy and civil liberties of- question what our agents and analysts AMENDMENT NO. 3806 ficers with a long list of Executive are doing. Mr. MCCAIN. Mr. President, I send an Branch departments and agencies; and There is simply no need to have so amendment to the desk. it would modify the Privacy and Civil many people performing the same task, The PRESIDING OFFICER. The Liberties Oversight Board established which, in any event, does not add to in- clerk will report. by section 211. telligence, but, by its very nature, is The bill clerk read as follows: The National Intelligence Authority designed to restrict intelligence activ- The Senator from Arizona [Mr. MCCAIN], ity. Surely, we can protect civil lib- does not need three individuals assigned to the same task. The IG of the for himself, and Mr. LIEBERMAN, proposes an erties and privacy without setting up a amendment numbered 3806. situation in which it is going to be in- National Intelligence Authority will be in place to ensure privacy and civil lib- Mr. MCCAIN. Mr. President, I ask credibly difficult for the intelligence unanimous consent that the reading of community to effectively perform its erties receive adequate attention and oversight. the amendment be dispensed with. mission. The PRESIDING OFFICER. Without After all, our chief objective is to Similarly, it is redundant to require privacy and civil liberties officers objection, it is so ordered. make it easier to predict and prevent a The amendment is as follows: terrorist attack, not more difficult. within almost every national-security Excessive oversight will result in our related department and agency. (Purpose: To improve the transition between intelligence officers being more cau- My amendment would retain the Pri- Presidential administrations) tious than they should be, and deter vacy and Civil Liberties Oversight At the end of the bill, add the following: them from taking the risks that may Board, as the 9/11 Commission rec- TITLE ll—PRESIDENTIAL TRANSITION be necessary to keep our country safe. ommended. However, it would limit SEC. ll01. PRESIDENTIAL TRANSITION. Indeed, an aversion to taking risks, Board’s ability to interfere in the ac- (a) SERVICES PROVIDED PRESIDENT-ELECT.— even when they should be taken, al- tivities of relevant departments and Section 3 of the Presidential Transition Act ready plagues our intelligence commu- agencies. of 1963 (3 U.S.C. 102 note) is amended— nity. Time and time again, this has I hope that Members will support (1) by adding after subsection (a)(8)(A)(iv) contributed to intelligence failures, this amendment. It follows the 9/11 the following: Commission’s recommendations with ‘‘(v) Activities under this paragraph shall most recently, of course, 9/11 and the include the preparation of a detailed classi- intelligence community’s claims about respect to privacy and civil liberties, fied, compartmented summary by the rel- Saddam’s weapons of mass destruction. and ensures adequate oversight and evant outgoing executive branch officials of There are numerous reasons for this protections, but does so without specific operational threats to national secu- culture of risk aversion—unclear au- hamstringing the community. rity; major military or covert operations; S10008 CONGRESSIONAL RECORD — SENATE September 30, 2004 and pending decisions on possible uses of islation. Because of the lack of scope of security appointees as soon as possible, military force. This summary shall be pro- the Governmental Affairs Committee, preferably within 30 days of the sub- vided to the President-elect as soon as pos- there were several recommendations mission of a nominee. sible after the date of the general elections which were not considered. As the chairman of a committee held to determine the electors of President Senator LIEBERMAN and I have al- which has responsibility for the con- and Vice President under section 1 or 2 of title 3, United States Code.’’; ready proposed and had adopted several firmation of many Presidential nomi- (2) by redesignating subsection (f) as sub- amendments addressing the rec- nees, I assure my colleagues that I con- section (g); and ommendations of the 9/11 Commission. sider the Senate’s advise and consent (3) by adding after subsection (e) the fol- There are three remaining issues. One responsibilities to be very important. lowing: of them is noncontroversial, which I This amendment is not proposing that ‘‘(f)(1) The President-elect should submit will be proposing at this time and we shirk our duties in any way but to the Federal Bureau of Investigation or would hope would be voice voted since that we act in the most efficient man- other appropriate agency and then, upon it is noncontroversial. Then there are ner possible to thoroughly review the taking effect and designation, to the agency two additional amendments concerning designated by the President under section nominees to national security-related 115(b) of the National Intelligence Reform two additional recommendations of the positions and allow for their confirma- Act of 2004, the names of candidates for high 9/11 Commission. Both of those are con- tion so they can carry out the very im- level national security positions through the troversial, so I would propose those portant duties to which they are level of undersecretary of cabinet depart- amendments and then ask that they be charged. ments as soon as possible after the date of set aside after they are placed for con- I recognize that some, including ad- the general elections held to determine the sideration. Then they would be dis- ministration officials, would prefer electors of President and Vice President posed of after debate, discussion, or that we go further. It has been sug- under section 1 or 2 of title 3, United States however the managers would like to Code. gested and I believe the House bill even ‘‘(2) The responsible agency or agencies dispose of those additional two amend- proposes that if the Senate has not shall undertake and complete as expedi- ments. voted to confirm a nominee within 30 tiously as possible the background investiga- I hope I made myself somewhat co- days after the nominee’s name has tions necessary to provide appropriate secu- herent in that explanation. been submitted, the President alone rity clearances to the individuals who are The amendment that is at the desk should have the power to make that candidates described under paragraph (1) be- addresses the 9/11 Commission’s rec- appointment. I, for one, cannot support fore the date of the inauguration of the ommendation to improve the transi- such a proposal, and I doubt that it President-elect as President and the inau- tions between administrations. It is guration of the Vice-President-elect as Vice nearly identical to title IV of the 9/11 would have the support of the majority President.’’. Commission Report Implementation of Members in this body. (b) SENSE OF THE SENATE REGARDING EXPE- Let me also point out that this Act, which we introduced on Sep- DITED CONSIDERATION OF NATIONAL SECURITY amendment does not include the Com- OMINEES tember 7, except that it does not in- N .—It is the sense of the Senate mission’s recommendations that the that— clude the security clearance-related Senate should not require confirmation (1) the President-elect should submit the provisions that were adopted by the of such national security executive ap- nominations of candidates for high-level na- Governmental Affairs Committee and pointees below executive level 3. One of tional security positions, through the level are already in the underlying bill, S. of undersecretary of cabinet departments, to 2845. the reasons our amendment does not the Senate by the date of the inauguration of The Commission report states: address that particular proposal is that the President-elect as President; and upon review of such positions, we (2) for all such national security nominees Since a catastrophic attack could occur with little or no notice, we should minimize learned that it would eliminate the received by the date of inauguration, the Senate’s advise and consent duties for Senate committees to which these nomina- as much as possible the disruption of nations are referred should, to the fullest ex- tional security policymaking during the many important security positions tent possible, complete their consideration change of administrations by accelerating that we believe merit the Senate’s ac- of these nominations, and, if such nomina- the process for national security appoint- tion. Executive level 4 includes all of tions are reported by the committees, the ments. We think the process could be im- the Assistant Secretary positions, full Senate should vote to confirm or reject proved significantly so transitions can work many of which one would argue are im- these nominations, within 30 days of their more effectively and allow new officials to assume their new responsibilities as quickly portant national security-related posi- submission. tions. Examples of these positions in- (c) SECURITY CLEARANCES FOR TRANSITION as possible. TEAM MEMBERS.— As recommended by the Commission, clude the Assistant Secretary of De- (1) DEFINITION.—In this section, the term this amendment is designed to help en- fense for Strategy and Threat Reduc- ‘‘major party’’ shall have the meaning given sure an incoming President-elect has tion, the Assistant Secretary of De- under section 9002(6) of the Internal Revenue his or her national security team in fense for International Security Af- Code of 1986. place during a transition between ad- fairs, the Assistant Secretary of De- (2) IN GENERAL.—Each major party can- ministrations. The amendment would fense for Force Management Policy, didate for President may submit, before the and others. date of the general election, requests for se- direct the outgoing administration to provide the President-elect, as soon as We believe that instead of removing curity clearances for prospective transition the Senate’s advise and consent obliga- team members who will have a need for ac- possible after the general election, a cess to classified information to carry out detailed, highly classified summary of tions, a better approach would be for their responsibilities as members of the current threats to the national secu- the Senate to fulfill its obligation in as President-elect’s transition team. rity, major military and covert oper- expeditious a manner as possible. We (3) COMPLETION DATE.—Necessary back- ations, and pending decisions on pos- hope this body will make a greater ef- ground investigations and eligibility deter- sible uses of military force. fort to hold confirmation hearings and minations to permit appropriate prospective It also provides that the President- report those national security-related transition team members to have access to elect should submit to the agency re- nominations to the full Senate for classified information shall be completed, to swift consideration. To help spur swift the fullest extent practicable, by the day sponsible for background checks the after the date of the general election. names of possible candidates for high- Senate consideration, this amendment (d) EFFECTIVE DATE.—Notwithstanding sec- level national security positions as includes a sense of the Senate urging tion 341, this section and the amendments soon as possible after the date of the the President-elect to submit the made by this section shall take effect on the Presidential election. In turn, it re- nominations for high-level national se- date of enactment of this Act. quires that agency to undertake and curity positions to the Senate by the Mr. MCCAIN. Mr. President, as I be- complete, to the fullest extent pos- date of the inauguration. It also calls lieve most of my colleagues know, Sen- sible, the background investigations for Senate committees to hold nomina- ator LIEBERMAN and I made a commit- necessary to provide appropriate secu- tion hearings and consider these nomi- ment to the families and the 9/11 Com- rity clearances to these individuals by nations to the fullest extent within 30 mission that we would ensure that all the date of inauguration. days of their submission. of their 41 recommendations were con- Finally, it urges the Senate to con- The amendment before the Senate is sidered one way or another in this leg- sider the nominations of top national but one proposal that we need to move September 30, 2004 CONGRESSIONAL RECORD — SENATE S10009 forward. The more critical proposal This is very constructive. I do not be- confirmation for national security which we still need to act on is con- lieve it is controversial at all. nominees below the Executive Sched- gressional reorganization and oversight To reiterate, this amendment will ule III pay grade. This category would over intelligence and homeland secu- help ensure that our vital national se- include many Assistant Secretaries rity. As the Commission very directly curity capabilities do not suffer undue with critical policymaking responsibil- pointed out, not only are Government disruption during a presidential transi- ities. Given the need for strong Con- agency reforms needed, so too are in- tion. gressional oversight of the intelligence stitutional reforms within Congress. The 9/11 Commission recommended community and other national security The Commission went so far as to call several measures to provide a swift operations, it does not seem wise to re- congressional oversight as ‘‘dysfunc- hand-off between incoming and out- move this important layer of Congres- tional.’’ going national security teams during a sional review and accountability. I remain hopeful that the bipartisan change in presidential administrations, I believe this amendment helps en- working group tasked by the leadership and this amendment reflects those rec- sure that we do not loosen our footing to develop a proposal for congressional ommendations. in the war on terriorism at moments of restructuring will be successful. We First, it directs the outgoing admin- presidential transition. I urge my col- owe it to the American public to fulfill istration to provide the President-elect leagues to support the amendment. our collective responsibilities. These with a detailed, classified summary of The PRESIDING OFFICER. The Sen- are not normal times. We are at war. critical operational threats, including ator from Maine. I just want to say again, as a member major military or covert operations Ms. COLLINS. Mr. President, I join of the Armed Services Committee, I and pending decisions on the use of Senator LIEBERMAN in commending have seen particularly the Defense De- military force. The most important Senator MCCAIN for offering this partment, as well as other national-se- member of the national security appa- amendment. It would make several curity-related positions, literally va- ratus is the Commander in Chief. This changes to the Presidential transition cant for months and months and provision will help the President-elect process, changes that are consistent months. This is really not an accept- begin focusing on these issues, and con- with the recommendations of the 9/11 able situation, and it has grown worse sidering any imminent high stakes de- Commission. and worse. Background security checks cisions that might need to be made, The Governmental Affairs Sub- have lengthened in their time. The well in advance of the day he or she committee, chaired by Senator Senate doesn’t get moving until a cou- takes office. VOINOVICH, held a hearing on this issue ple of months after we are in session. It The amendment also includes several at which two of the Commissioners, is not fair. It is not fair to the nomi- measures to help assure that the Presi- Fred Fielding and Jamie Gorelick, dis- nees, it is not fair to the country, it dent-elect will have a qualified team of cussed how the current transition proc- certainly is not fair to the Depart- national security advisors in place ess does not serve our country well in ments that are deprived of the services early in the new administration and the handing over, the transitioning of of a new President’s team. So I hope we who are able to hit the ground running. important national security decisions will support this amendment. It calls on the President-Elect to sub- from one administration to another. I do not believe there is any con- mit the names of likely high level na- One reason is that it is such a slow troversy, so I ask for a voice vote be- tional security personnel for security process to get the new administration’s fore I move to a second amendment. clearances as soon as possible after the team in place. The PRESIDING OFFICER. Is there election, and directs the appropriate I believe this amendment would further debate on the amendment? The Federal agency or agencies to complete greatly improve the process. I know of Senator from Connecticut. Mr. LIEBERMAN. Mr. President, I the necessary investigations for those no opposition to it. I urge adoption of am proud to be a cosponsor of this clearances as quickly as possible, pref- the amendment. The PRESIDING OFFICER. Is there amendment with Senator MCCAIN. erably before the inauguration. This, again, is part of our attempt to The amendment also urges the ad- further debate on amendment? If not, implement through legislation as many ministration to submit nominees for the question is on agreeing to the of the recommendations of the 9/11 the top national security positions by amendment. Commission Report as we possibly can. Inauguration Day and, if it does so, The amendment (No. 3806) was agreed This is a critical one. The Commis- urges the Senate to act on those nomi- to. sion made a finding not usually focused nations within 30 days wherever pos- The PRESIDING OFFICER. The Sen- on, as part of its work, that there is a sible. I think this language is a useful ator from Arizona. danger because of the slowness of the reminder to both the executive branch AMENDMENT NO. 3807 transition from one administration to and the Senate that we should act to Mr. MCCAIN. Mr. President, I send an the next that America will be vulner- fill these positions with all deliberate amendment to the desk and ask for its able. We have an enemy out there, a speed—mindful that delay has costs, immediate consideration. terrorist enemy, that follows this kind but dedicated as well to careful selec- The bill clerk read as follows: of information. I don’t make a causal tion and review of nominees for these The Senator from Arizona [Mr. MCCAIN] statement now, but the fact is that it sensitive positions. proposes an amendment numbered 3807. was in 1993, the first year of the Clin- Finally, the amendment would allow Mr. MCCAIN. I ask unanimous con- ton administration, when the World major party candidates to seek secu- sent the reading of the amendment be Trade Center was first attacked by ter- rity clearances for prospective trans- dispensed with. rorists with a truck bomb. And it was action team members prior to the elec- The PRESIDING OFFICER. Without 2001, of course, when the Twin Towers tion, with the goal of having those objection, it is so ordered. and the Pentagon and other targets clearances available the day after the (The amendment is printed in To- were attacked, in the first year of the election. day’s RECORD under ‘‘Text of Amend- Bush administration. I should note that the underlying bill ments.’’) These are very good recommenda- already incorporates a related rec- Mr. MCCAIN. Mr. President, this tions. I do want to point out simply ommendation by the Commission to amendment may be subject to more de- that the underlying bill incorporates a consolidate security clearance inves- bate and discussion and may require a related recommendation by the Com- tigations in one agency and encourage recorded vote. I intend to propose this mission to consolidate security clear- reciprocity among agencies with re- amendment, discuss it, and recognize ance investigations in one agency and spect to clearances. This should help that there will be further discussion encourage reciprocity among agencies streamline what is now a frustratingly about this amendment. with respect to those clearances, which balkanized system for determining who This amendment addresses the ter- should help streamline what is now a can have access to sensitive informa- rorist travel and screening sections of frustratingly Balkanized system for de- tion. the 9/11 Commission report. Contained termining who can have access to sen- We do not include the Commission’s in this amendment are the rec- sitive information. recommendation to eliminate Senate ommendations found on pages 383–390 S10010 CONGRESSIONAL RECORD — SENATE September 30, 2004 of the 9/11 Commission report. The text implementation of US VISIT. I, like Arizona Department of Transpor- of this amendment is nearly identical many of my colleagues, have been trou- tation’s Motor Vehicle Division. The to Title VI of S. 2774, which was intro- bled by the pace in which this system amendment would authorize grants to duced September 7. has been rolled out. This legislation re- the States to assist them in meeting In addition to working with the Com- quires the Department of Homeland Se- the new standards and to help States mission on this amendment, Senator curity to develop and implement a plan computerize and match their birth and LIEBERMAN and I have sought the ad- for the accelerated and full implemen- death records. vice and counsel from as broad a range tation of the US VISIT system. Addi- To improve the security of social se- of interested parties as possible. Meet- tionally, the amendment directs the curity numbers, the amendment would ings have been held to address the con- Secretary of Homeland Security to im- restrict the number of replacement cerns of many of the interested groups. plement a single, consolidated program cards that can be issued to an indi- While some may prefer that we do not designed to expedite the travel of pre- vidual; require verification of records address these provisions, that is simply viously screened travelers across the used to obtain an original social secu- not an option. We must act one way or borders of the United States. rity card; and add death, fraud, and the other on all of the recommenda- Lastly, this amendment would imple- work authorization indicators to the tions in the Commission report. ment 9/11 Commission’s recommenda- social security number verification Despite the hard work by the people tion that the Federal Government set system. DHS and the Social Security at the Department of Homeland Secu- standards for the issuance of birth cer- Administration would also be tasked to rity, it is apparent that our Govern- tificates, driver’s licenses, and other take other steps to safeguard social se- ment has just begun to carry out some sources of identification. It has been curity cards from counterfeiting and of the reforms necessary to prevent well documented that many of the hi- tampering, and increase enforcement terrorists from entering our country. jackers and their associates used coun- against the fraudulent use of social se- Much remains to be done to target ter- terfeit social security numbers and curity cards. rorist travel, combine our multiple other fraudulent documents to obtain Today, incredibly, the Social Secu- screening systems and ensure that legal driver’s licenses or State-issued rity Administration will issue any indi- identification documents used to enter ID cards—or were able to simply but vidual up to 52 replacement cards a this country or to be used as feeder fake ID’s—which they then used to year, a practice GAO has cited as in- documents are trustworthy. open bank accounts, rent cars, board creasing the potential for misuse and Additionally, more must be done to airplanes, and attend flight schools. fraud. Roughly two-thirds of the 12.4 improve the training we provide to our The ease with which these basic docu- million social security cards issued by immigration and consular officers. ments of American life can be counter- SSA in 2002 were replacement cards. I These people represent the first line of feited or obtained fraudulently is clear- am also incredulous that the system defense in the security of our borders. ly a gaping hole in homeland security. SSA uses to verify social security num- We must ensure that these officers Since the September 11, 2001, ter- bers does not include notations for have access to the best training, tech- rorist attacks, at least half the States death, fraud, or work authorization. nology and information available. have passed legislation to tighten up Employers often use the system to According to the Commission Report: their eligibility requirements and pro- verify the social security number of Better technology and training to detect cedures for issuing driver’s licenses and terrorist travel documents are the most im- new employees. Because there is no no- portant immediate steps to reduce America’s State ID cards. These initiatives are tation on the records for death, a social vulnerability to clandestine entry. commendable and have improved secu- security number for a decreased indi- By restricting terrorist access to rity, but the report of the 9/11 Commis- vidual used fraudulently by another travel documents, we increase the dif- sion, and numerous reports by Federal person will be verified as valid. ficulty to travel into the United agencies and other organizations have This amendment would not mandate States. Our legislation aims to address all concluded that additional measures a national ID card. It would not in- this pressing issue by requiring the must be taken to improve the security fringe upon the right of the States to Secretary of Homeland Security to of driver’s licenses and other forms of determine who can get a driver’s li- work with multiple Government agen- identification. cense. It would not establish a national cies to develop a unified strategy for One study deserves special note. Over database with information on all driv- combining terrorist travel intelligence, a 10-month period in 2002 and 2003, the ers. And it would prohibit the estab- operations and law enforcement into a Government Accountability Office— lishment of a single design for driver’s cohesive effort to intercept terrorists, GAO—conducted an undercover inves- licenses and birth certificates. We be- find terrorist facilitators, and con- tigation of State driver’s license prac- lieve it fulfills the recommendation of strain terrorist mobility domestically tices and procedures, visiting seven the 9/11 Commission without trampling and internationally. All agencies re- States—Arizona, New York, Michigan, on States’ rights, privacy, or civil lib- sponsible for guarding our Nation South Carolina, Virginia, Maryland, erties. against terrorist attack must be on the California and the District of Colum- We must face the fact, however, that same page in our approach to keeping bia. In every jurisdiction, GAO inves- rightly or wrongly, the driver’s license terrorists out. tigators were able to obtain a driver’s is the basic form of ID in the United In order to efficiently screen those license or State-issued ID using fraudu- States. We use it to board airplanes, to entering the United States, the mul- lent documents, including fake birth purchase alcohol and cigarettes, to tiple terrorist screening systems al- certificates and fake licenses from cash checks, and for a host of other ready in place must be integrated. Our other States. purposes. We cannot ignore that the se- legislation would require the Secretary Our amendment would require birth curity of driver’s licenses and State- of Homeland Security to develop a certificates and driver’s licenses to issued ID cards affect homeland secu- comprehensive screening system that meet new minimum Federal standards rity. And we cannot ignore that driv- brings together an integrated network in order to be accepted by a Federal er’s licenses can and indeed have been of screening points that includes the agency for any official purpose. Min- used as an enabler for terrorism. There Nation’s border security systems, imum standards would be established is a legitimate Federal role in estab- transportation system, and critical infor proof and verification of identity by lishing minimum standards for these frastructure and facilities. The Depart- the applicant, and to make the docu- documents. ment of Homeland Security will begin ments themselves more resistant to As the 9/11 Commission noted in its to address this issue as they carry out counterfeiting and tampering. The report, ‘‘At many entry points to vul- the orders given in HSPD–11; however, amendment also would require min- nerable facilities, including gates for our amendment represents a more com- imum standards for the processing of boarding aircraft, sources of identifica- prehensive approach to uniting our applications to address a widely recog- tion are the last opportunity to ensure various screening systems. nized and growing problem of fraud that people are who they say they are Fundamental to increasing the secu- within the offices that issue licenses and to check whether they are terror- rity of our borders is the quick and full and birth certificates, including the ists.’’ Making these documents more September 30, 2004 CONGRESSIONAL RECORD — SENATE S10011 secure will help make our country on the 9/11 Commission’s findings and Mr. REID. If I could be recognized to more secure, and help prevent another recommendations. further this dialog, I wonder if we terrorist attack on our country. It seems to me that this is a reason- could then have a consent agreement In closing, this amendment was care- able approach. But to have the status that the Senator from California be fully crafted to translate the commis- quo in America where people can easily recognized for 10 minutes, the Senator sion recommendations into legislative and fraudulently acquire identification from Texas be recognized on his two language. I applaud the work of the which allows them then to be able to amendments for no more than 15 min- commission and fully believe that the commit acts of sabotage, espionage, or utes, and the Senator from New Jersey reforms they suggest in this section of terror and risk the lives of others is would be recognized after that. their report will go a long way towards not a status quo by which I think we I ask unanimous consent that the increasing the security and safety of can abide. Senator from California be recognized all Americans. I thank my colleagues for their con- for 10 minutes; following that, the Sen- The Commission released their report sideration. I look forward to the de- ator from Texas be recognized for 15 in late July. Their recommendations bate. minutes; and Senator LAUTENBERG be are taking on a life of their own. The If the distinguished manager would recognized for 15 minutes to offer his Commission report is the No. 1 nonfic- perhaps illuminate as to how she would amendment. tion bestseller on both the New York like to handle this particular amend- Ms. COLLINS. Mr. President, that Times and the Washington Post best- ment, I would be agreeable to whatever unanimous consent agreement would sellers list. The public is taking their the manager’s procedure would be. work well from my perspective. recommendations very seriously, and Ms. COLLINS. Mr. President, once The PRESIDING OFFICER. Without so too should we. The people will hold again, I thank the Senator from Ari- objection, it is so ordered. us accountable for our failure if we zona for bringing up another series of Ms. COLLINS. We will now then go recommendations made by the 9/11 don’t enact these recommendations. to the Senator from California. I would like to point out a couple of Commission. The PRESIDING OFFICER. The Sen- This is a very broad amendment. additional facts. ator from California. There is much in it which I support, Today, each State has a different set AMENDMENT NO. 3718 and I agree with the Senator that there of requirements for driver’s licenses. Mrs. FEINSTEIN. Mr. President, I is a significant problem with fraudu- Some States allow more than 30 dif- thank the chairman and ranking mem- lent documents, including driver’s li- ferent documents to be used by appli- ber of the committee. I have indicated censes. Nevertheless, several groups, cants as proof of identity. How in the I am withdrawing one amendment, No. including the National Governors Asso- world can an employee at the depart- 3719, which clarifies the tactical intel- ciation, the National Council of State ment of motor vehicles be expected to ligence part of the bill. I don’t believe Legislatures, and the American Civil verify the authenticity of the appli- that is necessary. It has been with- Liberties Union, have expressed con- cant? drawn. I am also withdrawing amend- cerns regarding the degree to which I am amazed what some States will ment No. 3715 to strike the prohibition some of the provisions in this amend- accept as proof of identity in sup- on co-location. ment would infringe on the powers tra- porting documents. For example, one At this time I call up and then set ditionally exercised by the States to State allows a picture from a high aside amendment No. 3718. set standards in the area of driver’s li- school yearbook to be used as one form The PRESIDING OFFICER. The censes, for example. Therefore, I would of identification. Another State allows clerk will report. like to suggest to the Senator that we The legislative clerk read as follows: the school report card to be used as continue working on these issues to see long as it is less than 1 year old. A The Senator from California [Mrs. FEIN- if we can resolve some of these con- STEIN] proposes an amendment numbered third allows a snowmobile permit to be cerns and that we set this amendment 3718. used as a form of identification. Sev- aside for the time being to allow for Mrs. FEINSTEIN. I ask unanimous eral States allow permits for concealed that. consent the reading of the amendment weapons to be used in getting a driver’s Mr. MCCAIN. I thank the manager. be dispensed with. license. One State still has licenses At this time I will not be proposing a The PRESIDING OFFICER. Without without a photograph of the license further amendment. objection, it is so ordered. holder. Mr. REID. Mr. President, if I could The amendment is as follows: I recognize that we are on very inter- get the attention of the manager of the (Purpose: To improve the intelligence func- esting ground on this issue. On the one bill. tions of the Federal Bureau of Investiga- hand, we are trying to balance people’s The PRESIDING OFFICER. Does the tion) civil liberties. We are trying to make Senator from Maine yield the floor? On page 4, line 4, insert ‘‘foreign intel- sure everyone has a right to privacy. Ms. COLLINS. I yield the floor tem- ligence’’ after ‘‘means’’. We are trying to make sure there is no porarily. On page 4, strike lines 5 through 16 and in- national database which would be used Mr. REID. Mr. President, we have a sert the following: to follow people around the country. At number of Members in and out of the (2) The term ‘‘foreign intelligence’’ means the same time, if someone can fraudu- Chamber who want to know when they information gathered, and activities conducted, relating to the capabilities, inten- lently obtain a driver’s license and can offer amendments and/or speak. tions, or activities of foreign governments or that driver’s license is used in obtain- Senator CORNYN is here, Senator FEIN- elements thereof, foreign organizations, or ing access to places where acts of ter- STEIN, Senator LAUTENBERG is here. I foreign persons, or international terrorist ror can be committed, we have to try wonder if at least for these three can activities. to see that does not happen. we get a queue set up so they will know (3) The term ‘‘counterintelligence’’ What we have done with this amend- when they can be expected to speak. means— ment is try to carefully balance the re- Ms. COLLINS. Mr. President, I sug- (A) foreign intelligence gathered, and ac- quirement for some better way of as- gest, based on the conversations I have tivities conducted, to protect against espio- had with all who are present in the nage, other intelligence activities, sabotage, suring identity and at the same time or assassinations conducted by or on behalf not infringe on Americans’ civil lib- Senate now, we first yield to the Sen- of foreign governments or elements thereof, erties. That is why I believe this ator from California, who is going to foreign organizations, or foreign persons, or amendment probably will be the sub- discuss her proposal while we are con- international terrorist activities; and ject of some debate and discussion and tinuing to work at the staff level on (B) information gathered, and activities will probably require a recorded vote. the language of her amendment; that conducted, to prevent the interference by or If somebody has a better idea, I we then go to the Senator from Texas, disruption of foreign intelligence activities would like very much to hear it, but I who has two amendments he would like of the United States by foreign government do not know that there is a better idea. to discuss—again, we are still working or elements thereof, foreign organizations, or foreign persons, or international terror- We have done extensive research, have with the Senator from Texas—and we ists. had extensive discussions and an exten- then proceed to the amendment Sen- On page 6, line 12, strike ‘‘counterintel- sive amount of investigation building ator LAUTENBERG has proposed. ligence or’’. S10012 CONGRESSIONAL RECORD — SENATE September 30, 2004 On page 7, beginning on line 5, strike ‘‘the (1) The discharge by the Federal Bureau of planes. At the very same time, the rest Office of Intelligence of the Federal Bureau Investigation of all national intelligence of the intelligence community had in- of Investigation’’ and insert ‘‘the Directorate programs, projects, and activities of the Bu- formation that al-Qaida was preparing of Intelligence of the Federal Bureau of In- reau. to strike against the United States and vestigation’’. (2) The discharge by the Bureau of the re- On page 8, between lines 6 and 7, insert the quirements in section 105B of the National also that there had been past consider- following: Security Act of 1947 (50 U.S.C. 403–5b). ation of the use of airplanes in an at- (8) The term ‘‘counterespionage’’ means (3) The oversight of Bureau field intel- tack methodology. counterintelligence designed to detect, de- ligence operations. Putting together these two disparate stroy, neutralize, exploit, or prevent espio- (4) Human source development and man- pieces of information is the business of nage activities though identification, pene- agement by the Bureau. an effective intelligence community. tration, deception, and prosecution (in ac- (5) Collection by the Bureau against na- cordance with the criminal law) of individ- But it did not happen, in part, I be- tionally-determined intelligence require- lieve, because the FBI part of the com- uals, groups, or organizations conducting, or ments. suspected of conducting, espionage activi- (6) Language services. munication was not linked up with the ties. (7) Strategic analysis. Central Intelligence Agency and the (9) The term ‘‘intelligence operation’’ (8) Intelligence program and budget man- National Security Agency parts of the means activities conducted to facilitate the agement. community. gathering of foreign intelligence or the con- (9) The intelligence workforce. The bill before the Senate goes far duct of covert action (as that term is defined (10) Any other responsibilities specified by toward remedying this by placing the in section 503(e) of the National Security Act the Director of the Federal Bureau of Inves- of 1947 (50 U.S.C. 413b(e)). FBI foreign intelligence elements tigation or specified by law. under the overall supervision of the na- (10) The term ‘‘collection and analysis re- (d) STAFF.—The Directorate of Intelligence quirements’’ means any subject, whether shall consist of such staff as the Director of tional intelligence director. I am con- general or specific, upon which there is a the Federal Bureau of Investigation concerned the bill presently contains am- need for the collection of intelligence infor- siders appropriate for the activities of the biguities that, if left in, will cause con- mation or the production of intelligence. Directorate. fusion in the future. That is because (11) The term ‘‘collection and analysis the bill incorporates, with no change, tasking’’ means the assignment or direction Mrs. FEINSTEIN. I reiterate my of an individual or activity to perform in a strong support for this bill and the bal- current law which defines the role of specified way to achieve an intelligence ob- ance that has been struck by the com- the FBI intelligence activities. How- jective or goal. mittee in the drafting of this bill. It ever, that law is confusing, it is inter- (12) The term ‘‘certified intelligence offi- strikes the right balance. I am pleased nally inconsistent, and I believe it is cer’’ means a professional employee of an to be an original cosponsor. the source of many of the problems element of the intelligence community en- In my remarks on Monday, I men- which beset the FBI as part of the in- gaged in intelligence activities who meets tioned I was going to be submitting an telligence community. standards and qualifications set by the Na- amendment concerning the relation- This amendment does three basic tional Intelligence Director. On page 120, beginning on line 17, strike ‘‘, ship between the FBI foreign intel- things to fix this. I want the record to subject to the direction and control of the ligence functions and the national in- reflect that. It clarifies critical defini- President,’’. telligence director. I thank both the tions in the law. It makes a small al- On page 123, between lines 6 and 7, insert majority and the ranking member staff teration in the current law to make the following: for working with my staff to work out clear that the term of art ‘‘counter- (e) DISCHARGE OF IMPROVEMENTS.—(1) The Director of the Federal Bureau of Investiga- this amendment. It will be worked out intelligence’’ is a subset of foreign in- tion shall carry out subsections (b) through and it will be the chairman’s intent to telligence, not an alternative to for- (d) through the Executive Assistant Director present this amendment for unanimous eign intelligence. of the Federal Bureau of Investigation for In- consent. Second, it makes clear that when the telligence or such other official as the Direc- However, I will clearly state the in- FBI is engaged in law enforcement, it tor of the Federal Bureau of Investigation tent of the amendment. The FBI func- is not part of the national intelligence designates as the head of the Directorate of tions as part of the intelligence com- Intelligence of the Federal Bureau of Inves- program or under the NID supervision, tigation. munity in the gathering, analyzing, but removes the word ‘‘counterintel- (2) The Director of the Federal Bureau of and disseminating of information ligence’’ from this so-called carve-out Investigation shall carry out subsections (b) about the plans, intentions, and capa- language. This is critical because this through (d) under the joint direction, super- bilities of our foreign enemies, includ- language in existing law was the con- vision, and control of the Attorney General ing, most importantly, counter-terror- fusing foundation upon which much of and the National Intelligence Director. (3) The Director of the Federal Bureau of ists. That effort, in my view, should be the wall between the FBI and the rest Investigation shall report to both the Attor- under the overall supervision of the na- of the intelligence community was ney General and the National Intelligence tional intelligence director. built. Director regarding the activities of the Fed- Let me be clear, though, this amend- This amendment creates a direc- eral Bureau of Investigation under sub- ment does not mean the national intel- torate of intelligence in the FBI. As sections (b) through (d). ligence director should run or control written presently, the bill places the On page 123, line 7, strike ‘‘(e)’’ and insert operations inside the United States. ‘‘(f)’’. activities of the Office of Intelligence On page 123, line 17, strike ‘‘(f)’’ and insert When the FBI, under the operational of the FBI clearly within the national ‘‘(g)’’. control of the FBI director and the At- intelligence program. This is good, but On page 126, between lines 20 and 21, insert torney General, works as a foreign in- because the Office of Intelligence has the following: telligence agency, it should do so as no statutory basis, it could be rendered SEC. 206. DIRECTORATE OF INTELLIGENCE OF part of that community under the gen- useless in the future if that office is re- THE FEDERAL BUREAU OF INVES- TIGATION. eral guidance of the national intel- moved or changed by a future FBI di- (a) DIRECTORATE OF INTELLIGENCE OF FED- ligence director. rector. ERAL BUREAU OF INVESTIGATION.—The ele- An excellent example of this issue is This amendment renames the office ment of the Federal Bureau of Investigation now part of the extensive record of the Directorate of Intelligence and known as of the date of the enactment of structural intelligence failure prior to gives it a clear basis in law. this Act is hereby redesignated as the Direc- the September 11 attacks, the way the Finally, this amendment introduces torate of Intelligence of the Federal Bureau intelligence community handled, or I some clarifying language to ensure of Investigation. (b) HEAD OF DIRECTORATE.—The head of the should say mishandled, the so-called that the section governing ‘‘FBI im- Directorate of Intelligence shall be the Exec- Phoenix document information and the provements’’ is read to ensure that utive Assistant Director of the Federal Bu- Moussaoui information. Here we had in these improvements come as part of a reau of Investigation for Intelligence or such two different places FBI agents acquir- larger, coordinated effort, led by the other official within the Federal Bureau of ing factual information which is of national intelligence director to im- Investigation as the Director of the Federal clear foreign intelligence value: that prove the standards and practices of Bureau of Investigation shall designate. (c) RESPONSIBILITIES.—The Directorate of foreign individuals, associated with the entire intelligence community. Intelligence shall be responsible for the fol- foreign terrorist organizations, may It does this by ensuring that the FBI lowing: have been learning to fly passenger Director’s improvement program is September 30, 2004 CONGRESSIONAL RECORD — SENATE S10013 guided by the national intelligence di- dismantle and disrupt our financial, Indeed, the Department of Defense in rector. And it defines a ‘‘certified intel- transportation, communications, and 2002 had an F. In 2003, it got a D. The ligence officer’’—that is a term intro- utility networks could wreak a terrible Small Business Administration went duced for the first time in the under- blow to the American economy. from an F to a C¥. But we have some— lying bill—to make sure that ‘‘certifi- Now, my interest in this subject the Department of the Interior, the De- cation’’ means meeting intelligence dates back several years to when I con- partment of Agriculture, the Depart- community standards, developed by vened a panel in Texas, the State Infra- ment of Housing and Urban Develop- the national intelligence director. structure Protection Advisory Com- ment, the Department of State—that The bottom line is that the FBI’s in- mittee, as attorney general. We met in 2002 got an F and in 2003 got an F. telligence functions must be part of a hundreds of hours with both private So I am not sure Congress is as suc- larger effort, guided by a strong leader, and public sector participants, as well cessful as we should be or as we would and linked carefully with all the other as people in the academic community, like to be in getting the attention of agencies and Departments in the intel- to try to figure out what we could do, the people who work in those agencies ligence community. No. 1, to identify what the problem and who should be committed to car- There are still two parts of this was, and what we could do to make it rying out this information security amendment that are being worked out better. provision and protecting our Govern- by staff. I appreciate their hard work Well, what we found is that in many ment computer systems from the po- very much and thank them. I also instances because of liability concerns, tential of cyber-attack and the poten- would like to thank the chair and the because of concerns about trying to tial disruption to our economy. ranking member for their cooperation. achieve and maintain public confidence But I want to say in conclusion on I am very hopeful this amendment can in one’s business or product, that the that matter how much I appreciate the later be adopted by unanimous con- private sector was much better pre- willingness of the Senator from Maine, sent. pared than the Government was for the distinguished chair of the Govern- I thank the Chair. cyber-attacks. mental Affairs Committee, and the Mr. President, I ask unanimous con- I am pleased to say that Congress has Senator from Connecticut, the distin- sent that amendment No. 3718 be set begun to work to address this critical guished ranking member of that com- aside for the present time. need for security in our computer net- mittee, to work with us and consider The PRESIDING OFFICER. Without works by passing the Federal Informa- this amendment and, indeed, to agree objection, it is so ordered. tion Security Management Act, or that the amendment should go forward Mrs. FEINSTEIN. I yield the floor. FISMA. Its purpose is to improve the because I think this is an easily over- The PRESIDING OFFICER. The Sen- information security of our computer looked but, nevertheless, a very impor- ator from Texas is recognized. networks and support Federal agencies tant part of our security. Mr. CORNYN. Mr. President, I thank by requiring top-to-bottom agency Mr. President, I have two other both managers of the bill, the chair- planning for information security and amendments that have not yet been man of the Governmental Affairs Com- compliance with mandatory standards filed that I will obviously not call up mittee and the ranking member, Sen- and benchmarks developed by the Na- but I would like to just preview for my ator LIEBERMAN, for the great work tional Institute of Standards and Tech- colleagues. I have talked, also, to the they are doing on this bill. I know it is nology. chairman of the bill and the ranking not easy, but it is vital that we achieve FISMA also requires Federal agen- member. We are going to continue to the kinds of reforms the 9/11 Commis- cies to conduct an annual evaluation of work with them and their staffs to try sion and the Senate Select Committee their computer security programs and to make sure these matters can be on Intelligence and others, over the to submit an effectiveness report to the worked out, if that is at all possible, years, have said would help make our Office of Management and Budget, the much in the same manner we worked Nation stronger. OMB. out this cyber-security provision. Yesterday, I proposed an amendment For several years, the House Govern- These matters have to do with other to this bill which dealt with a rel- ment Reform Subcommittee, chaired recommendations of the 9/11 Commis- atively narrow area but one I think is by Congressman ADAM PUTNAM, the sion. Here again, the job that is before certainly relevant to what the 9/11 Technology, Information Policy, Inter- us is vast, indeed, as reflected by the 41 Commission recommended and, indeed, governmental Relations and the Census different recommendations of the 9/11 to the ultimate purpose of making Subcommittee, has been working with Commission and the need for intel- America a safer place. Unfortunately, the General Accounting Office to ligence reform reflected in the bill be- it is one that tends to be overlooked. produce a report card for 24 Federal fore us. That does not have to do with our agencies to see how well they are com- But perhaps it is because of the per- physical security, potential cause of plying with congressional intent as ex- spective I have as a Senator from the death and injury to the American peo- pressed in FISMA, the Federal Infor- State of Texas, which has the longest ple on our own soil but, rather, a body mation Security Management Act. border of any State with the country of blow to our economic security. What I would like to show you, Mr. Mexico—and, of course, beyond Mexico Indeed, one of the consequences of 9/ President and my colleagues, is the re- on to Central America and South 11 was not just the terrible loss of life port card that has been generated be- America—the source of many concerns and injury but also the disruption to cause I think it is indicative of the relative to human smuggling and to en- our economy, which resulted in chaos problems we have had and, indeed, the forcement of our immigration and and many people being laid off work problems we still have, and how modest other laws related to those issues. because of the economic disruption. our improvement has been. First, we intend to offer an amend- This amendment had to do with Indeed, you can see from this chart ment to increase the penalties that can cyber-security. I know it is something showing the Federal computer security be assessed upon a successful prosecu- we do not think about very much but, report card, issued on December 9, 2003, tion for the crime of human smuggling. indeed, now that we are so dependent that overall Governmentwide, Govern- As the 9/11 Commission said: There is upon computers for our way of life, to ment agencies, when it came to secu- evidence to suggest that, since 1999, enhance our productivity, to commu- rity of their computer systems, got a human smugglers have facilitated the nicate with one another, to do busi- D, not a grade any one of us would be travel of terrorists associated with ness, we somehow perhaps take for proud to take home. But I must say, as more than a dozen extremist groups granted that they will always be se- bad as a D is, in 2003, it is better than and that human smugglers clearly have cure. And particularly when it comes the F that many agencies got in 2002, the credentials necessary to aid ter- to our water utilities, our communica- before Congress began to get involved rorist travel. They also noted that tions systems, our transportation sys- in trying to upgrade the security of our many countries, because of their lack tems, and financial networks, there is computer networks. of security, make human smuggling an a very real danger that cyber-terror- But you can see, some of these agen- attractive avenue for terrorists in need ists, those who would try to attack and cies have improved from an F to a D. of travel facilitation. S10014 CONGRESSIONAL RECORD — SENATE September 30, 2004 In terms of our southern border, es, between 300,000 and 400,000 people recognized for up to 25 minutes prior to Under Secretary of the Department of under final orders of deportation in the Senator LAUTENBERG offering his Homeland Security Asa Hutchinson United States, and we simply don’t amendment. has told me and others that there is no have the Federal authorities sufficient The PRESIDING OFFICER. Is there documented instance of a terrorist ac- to locate them and enforce final orders objection? tually coming across our southern bor- of deportation. Mr. REID. Mr. President, Senator der, but the truth is, it is very porous. This bill would narrowly address BYRD likely will not use that much If the motivation is high enough and those who are under final orders of re- time. the price is right, the same person who moval, those who have signed vol- The PRESIDING OFFICER. Without can be smuggled across the border for untary departure agreements, and objection, it is so ordered. economic reasons because they want to those who have revoked visas. It would The Senator from West Virginia. come to work in this country outside not, as some previous legislation that PEOPLE DESERVE THE TRUTH of our laws, someone from a country has been filed both here and in the Mr. BYRD. I thank the Chair. I also other than Mexico, perhaps an Islamic House, offer an opportunity for local thank the distinguished Senator, Ms. extremist, somebody who wanted to and State law enforcement officials to COLLINS, and our distinguished whip, take advantage of that porous border enforce a whole broad range of our im- Mr. REID, who is always to be found on would, indeed, hire a human smuggler migration laws. This relates to a nar- the floor or near it, always ready to as- to bring them across our southern borrow group who are absconders from jus- sist us, any of us on both sides of the der into the United States and do us tice, including convicted felons and aisle. I thank the distinguished man- harm. others, and reaffirms the authority of ager of the bill on this side of the aisle It is important that our Federal pol- State and local law enforcement both for his diligence, for his hard work al- icy and our criminal laws reflect both to enforce those violations in the nor- ways in his committee and outside his the strongest possible concern about mal course of carrying out their duties committee. He is ever ready. this issue and express the will of Con- and will make sure that we get the Mr. President, I take the floor on a gress that human smugglers will be army of additional law enforcement point of personal privilege on behalf of punished in a way commensurate with authorities to assist the current Fed- the people of West Virginia. the threat they pose to the American eral authorities who are mainly lo- Growing up, we all heard the legend— people. cated along our border region when it which was probably mythical—of The truth is, we cannot ignore this comes to our border security and young George Washington. As the story issue and believe that it is just related homeland security interests. goes, his father, after seeing a tree to people who want to come here and Finally, this bill would direct the De- chopped down on their land, ap- work. Money talks. And where human partment of Homeland Security to proached young George and asked if he smugglers exist, they will go to the take custody within 48 hours of these was responsible. The story continues highest bidder to deliver their services persons so detained by State or local that the boy responded: ‘‘Father, I can- in a way that could indeed deliver ter- officials or else pay the locality to de- not tell a lie. I cut down that cherry rorists on to our soil. That relates to tain these particular class of aliens. tree.’’ one amendment on which we will con- Currently, the process is that once The boy who grew up to be President tinue to work with the distinguished someone has been identified and per- knew the value of truth. Unfortu- chairman and ranking member and haps detained for a violation of one of nately, however, when it comes to their staffs to see if we can work out a host of our immigration laws, the Presidential politics these days, telling an agreement. common practice is to tell them to the truth is seriously out of style. The next amendment relates to an- come back for a future hearing for de- That point was brought home sharply other provision in the 9/11 Commission portation. It is no surprise to any of us to me last weekend when I traveled to report. The Commission, under the sub- that about 90 percent of them melt into West Virginia, where I learned of a heading ‘‘Immigration Law and En- the landscape and are never heard from scurrilous campaign being waged in forcement,’’ said: again. West Virginia to scare voters—think of There is a growing role for state and local Simply put, we need to have law en- it—to scare West Virginia voters into law enforcement agencies. They need more forcement authorities at all levels—na- registering and voting Republican. In- training and work with federal agencies so tional, State, and local—join forces, as credibly, the weapon being brandished they can cooperate more effectively with the 9/11 Commission recommended, to is the Holy Bible itself. If ever there those federal authorities in identifying ter- deal with this certain narrow class of were one book that should never be rorist suspects. people who are under final orders of de- used for political gain, if ever there Again, on page 383 of the 9/11 Com- portation from our country, those who were one book that should never be the mission report, the Commission said: have signed voluntary departure agree- subject of lies and deception, it is the The challenge for national security in an ments, and those who have had their Bible, which I hold in my hand. age of terrorism is to prevent the very few visas revoked. These are people who Over my 52 years of serving in the people who may pose overwhelming risks have exercised any right they may Congress, there have been occasions— from entering or remaining in the United have to due process and should have no few in number—when I brought the States undetected. further recourse. Holy Bible on the floor of the body in This amendment, which we intend to I look forward to working with the which I have spoken. I don’t claim to file and call up later—and we will con- manager and the ranking member and be a minister. I would not be worthy of tinue to work with the managers of the their staffs to try to see if we can work that title. But this is the Holy Bible. It bill on it—has to do with the authority this out. is the King James version, first pub- of State and local law enforcement au- The PRESIDING OFFICER. The Sen- lished in 1611 under the reign of King thorities to detain a certain narrow ator from Maine. James I. I will only read this Bible at class of persons who are illegally in the Ms. COLLINS. Mr. President, I thank my house; I don’t read any other Bible. country. Those relate to what I would the Senator from Texas for his com- Again I say, if ever there were a book think are three noncontroversial cat- ments. We look forward to working that should never, ever be used for po- egories: Those who are absconders—in with him on his two additional amend- litical gain, that should not be the sub- other words, 80,000 felons who are in ments. We were pleased to be able to ject of deception on the part of politi- the country illegally and running from pass his first amendment to this bill cians, or anybody else, it is the Bible. justice. We don’t have the capacity to last night. We appreciate his coopera- Yet that is exactly what is happening know exactly where they are now be- tion. today. I found, last weekend, that it cause we have, unfortunately, ignored In consultation with the Senator was happening in West Virginia. I read the crisis in our immigration enforce- from Nevada, the Democratic whip, I somewhere that it was also happening ment for many years. ask unanimous consent that the con- in Arkansas. Indeed, more than that, there are ap- sent request previously entered into be Two weeks ago, the Republican Na- proximately, according to some guess- altered so that Senator BYRD would be tional Committee sent a mass mailing September 30, 2004 CONGRESSIONAL RECORD — SENATE S10015 to West Virginia suggesting that lib- I am appalled, let me say it again, by we can hope for is a semi-failed state hob- erals—in other words, everyone but Re- the Republican National Committee’s bling along with terrorists and a succession publicans, I suppose—are out to ban utter ignorance of this Constitution, of weak governments.’’ the Bible. Get that: Out to ban the the Constitution of the United States, Yesterday’s New York Times re- Bible. Can you imagine? They are out which I hold in my hand. Our Constitu- ports—what I just read was from yes- to ban the Bible. What a ridiculous tion—let me say to the people of West terday’s Washington Post—yesterday’s claim. It is foolish on its face; it is ab- Virginia and the people of Arkansas— New York Times reports that there solutely ridiculous on its face. It is a our Constitution protects this Bible. have been 2,300 attacks by insurgents. flatout, no-doubt-about-it, silly, juve- So never fear, never fear that the Bible They have been directed against civil- nile, sophomoric charge. The Repub- will be banned. ians and military targets in Iraq in a lican National Committee is spreading The first amendment begins: pattern that sprawls over nearly every this tripe—it is putrid, this tripe—to Congress shall make no law respecting an major population center outside the smear Democrats. The President ought establishment of religion, or prohibiting the Kurdish north. to demand that the Republican Na- free exercise thereof. . . . So there you have it—an average of tional Committee apologize to the peo- And yet this flier, paid for by the Re- 80 attacks against our forces each day. ple of West Virginia. publican National Committee, features The situation in Iraq is far more dire The hypocrisy of the Republican Na- a picture of the Bible, just as I have and the future far more uncertain than tional Committee’s desperation tactic shown Senators—let me show it White House officials are ever going to is an insult—an insult—to the intel- again—with the word ‘‘banned’’ across admit, and so the lives of America’s ligence of voters in my State. The its cover. The people of West Virginia sons and daughters are on the line in ninth of the Ten Commandments, should not have to put up with such Iraq, and still we hear happy talk passed down from God to Moses, states: trash. It is a crass insult to the people about success right over the horizon. Thou shalt not bear false witness against Misleading scenarios about Iraq or thy neighbor. and to their faith. IRAQ ludicrous nonsense about banning the What could be more false? What Bible insult the values and the intel- could be more false than an advertise- But false claims seem to be the modus operandi in politics these days. ligence of West Virginians and the mil- ment implying that so-called liberals lions of other Americans who share the want to ban the Bible? I never knew I The truth gets tailored to fit the occasion. Nowhere is this more evident beliefs of West Virginians. Such stuff was a liberal. When I came to this Sen- must not be tolerated. The people of ate, I was to the right of Barry Gold- than on the subject of Iraq. Whether it be weapons of mass destruction or an this country know about honesty, and water, and I always considered myself they must start demanding it from to be a conservative in most things— imminent threat or mushroom clouds, the reason for the war changes faster their leaders. certainly most things, other than mat- Mr. President, I yield the floor. than the weather. Talk about flip-flops. ters affecting the economy. The polit- Mrs. LINCOLN. Mr. President, I There you have it. ical hacks behind that blasphemous thank the distinguished Senator from The White House said that our troops flyer should be required to reread the West Virginia for his remarks today. I would be welcomed with flowers, and Book of Exodus. There is no free pass have tremendous respect for his belief yet our soldiers saw mortar attacks from the Commandments in an elec- and his knowledge of the Constitution. and suicide bombings. The White House tion year. They are still there. There is I share that belief and I only hope my said the world would be with us in the no waiving of the Commandments in an knowledge can at some time reach the war and the reconstruction in Iraq, but election year. level his is in terms of understanding All West Virginians, from the north- the coalition of the willing was never and being able to expound on the Con- ern tip of the State to the southern tip, that large and has become the coali- stitution that is such a treasure and a from the east to the west, should be in- tion of the wilting. How can the Amer- blessing for this country. sulted by such dirty tricks on the part ican people trust a White House that More importantly, I share in his be- of the Republican National Committee. cannot get its stories straight? The lief and his execution in the teachings Paid henchmen who talk about Demo- flipping and the flopping from this slip- of the Bible. Like the Senator from cratic politicians who are eager to ban pery fish crowd is a sight to behold. West Virginia, I try very hard each and the Bible obviously must think that Even now, the White House is trying every day to follow the Ten Command- West Virginians are gullible, ignorant desperately to portray Iraq as a nation ments, which are a cornerstone in the fools. They must think that West Vir- that is getting back on its feet. Listen faith that we both practice in our ginians just bounced off the turnip to the September 29 Washington Post. Christian religion. I try hard to wit- truck. They must think that spreading The headline: ‘‘Growing Pessimism on ness my faith each and every day in my nonsense about banning the Bible is a Iraq. Doubts Increase Within U.S. Se- actions and in my words. Among the sure-fire way to get votes in an elec- curity Agencies.’’ tion year. But the people of West Vir- Let me read just the first few para- Commandments, ‘‘thou shalt not bear ginia are smarter than that. We are not graphs: false witness’’ is one I work des- country bumpkins who will swallow perately on. In our modern language, A growing number of career professionals we know it as ‘‘do not tell lies,’’ some- whatever garbage some high-priced po- within national security agencies believe litical consultant makes up. West Vir- that the situation in Iraq is much worse, and thing we were taught by our parents ginians are smarter than that, and the path to success much more tenuous, than and we were taught by our faith. they deserve an apology from the Re- is being expressed in public by top Bush ad- Now, I have not been in public serv- publican National Committee for this ministration officials, according to former ice nearly as long as the Senator from insulting mailing. and current government officials and assess- West Virginia, but I have been around ments over the past year by intelligence offi- long enough to know that people say Here it is. Take a look at this. Those cials at the CIA and the Departments of of you who are viewing this Senate things in campaigns that come awfully State and Defense. close to breaking that Commandment. floor through those electronic lenses, While President Bush, Defense Secretary look at this: ‘‘The Bible, banned. This Donald H. Rumsfeld and others have deliv- I have learned to turn the other cheek will be West Virginia.’’ ered optimistic public appraisals, officials and brush aside the little white lies of I suppose the same flyer was used in who fight the Iraqi insurgency and study it political commercials and direct mail Arkansas, with a few words changed at the CIA and the State Department and pieces. I do not know if brushing aside from West Virginia. Here it is again: within the Army officer corps believe the re- and turning that cheek at this juncture ‘‘if you don’t vote—if you stay away bellion is deeper and more widespread than is is the most appropriate thing to do, be- from the polls—the Bible, banned.’’ being publicly acknowledged, officials say. cause I think we find ourselves at a People at the CIA ‘‘are mad at the policy time when that has definitely been Such tripe. That is what West Vir- in Iraq because it’s a disaster, and they’re ginians think of that. As a Senator, I digging the hole deeper and deeper and deep- taken to the extreme. am appalled by the Republican Na- er,’’ said one former intelligence officer who The mailing the Republican National tional Committee’s utter ignorance of maintains contact with CIA officials. Committee sent to the people living in the Constitution. ‘‘There’s no obvious way to fix it. The best my home State of Arkansas, as well as S10016 CONGRESSIONAL RECORD — SENATE September 30, 2004 those in the State of West Virginia, day saying prayers with our boys when some reason, cannot have a faith as goes beyond any political smear I have they are tucked into bed. We talk close or as deeply held as the other witnessed. I hope my colleagues in this about the day’s events and how, party. I find that to be the pit, the ab- great body, as members of that com- through those prayers, we can ask for solute bottom of what is wrong in the mittee, would denounce such abusive the assistance for others and to im- political process. action because I think it is completely prove ourselves and provide the unbe- I thank you, Mr. President, for the inappropriate. To insinuate that mem- lievable talents God has given us to be opportunity to come to the Senate bers of the Democratic Party, simply a great part of making this world a floor and, even as a southerner, express because they are Democrats, would ban better place. something that maybe I am not as well the Bible is absolutely absurd. It is I am not the only one, as a member equipped to express as others, but I outrageous, and it is outrageous that of my political party, whose faith is promise you, it is not less heartfelt we in this Nation would stand for that. important to them. There are other than any other Christian Member of I am a Democrat. I was raised in a members of my political party who are this body. Democratic family. But I also grew up of other faiths who take their faith I yield the floor. with the opportunity and encourage- very seriously. There are other Chris- Mr. LIEBERMAN. Mr. President, I ment to find my own belief and to tians in my political party who take thank the distinguished Senator from reach out and find out, Who am I? their faith very seriously and act it as Arkansas and tell her, I, No. 1, never What do I stand for? What is it that I a real part of their everyday life. have any trouble understanding her, want to contribute to this great world? It is unbelievable to me that the Re- and, No. 2, I always enjoy giving her a I realized, not only as a Democrat publican Party would try to claim that hug. but at a very early age, that I was first members of my party would want to Mrs. LINCOLN. I thank my col- and foremost a Christian. I take that ban the Bible. What do they base that league. The PRESIDING OFFICER. Under very seriously. I take my witness and on? Where is their credibility to say the previous order, the Senator from my commitment to my faith as a part that? What evidence is there that New Jersey is recognized for 15 min- of my everyday walk. I try hard to would lead them to say that and to use utes. walk my talk each and every day. I that in such an important part of what Mr. LAUTENBERG. I thank the fight hard, both personally and profes- we stand for in this Nation, the polit- Chair. sionally, every day to fulfill my wit- ical process of being able to elect our Mr. President, I thank our esteemed ness to my faith, to care for those who leaders? I don’t know. I don’t know friend and colleague, the Senator from are less fortunate than I am, to reach where that comes from. West Virginia, for his words—always out and be kind to those who need The Senator from Massachusetts, words of wisdom and words of rage kindness, to be able to look beyond the who is running for President, has told when he sees such an affront to the cover of what I might see in someone the American people that his faith is basic tenets of our society. and look for the best of what God cre- important to him as well. He says he is Mr. BYRD. Mr. President, I thank ated in that human being as well. a man of God, and I believe him. Unlike the distinguished Senator. I know that we are all a part of God’s some other political candidates, he has Mr. LAUTENBERG. Mr. President, creation on this Earth. I know that my not sought to gain political advantage what is the pending question? Do we God is a loving God, one who believes by boasting of his faith or wearing it have an amendment pending? in me and who wants everyone in this on his sleeve, but I do believe his ac- The PRESIDING OFFICER. There is body to reach their potential. But I tions in defending so many of his fellow an amendment pending. also know, through my faith, that men, children, low-income families, the Mr. LAUTENBERG. Mr. President, I reaching that potential means being elderly, are certainly clear examples of ask unanimous consent to lay aside the able to have that same kind of uncon- how important his responsibility to his pending amendment. ditional Christian love for my fellow faith is to him. The PRESIDING OFFICER. Without man. Maybe he was raised in a region of objection, it is so ordered. It is amazing to me that we would the country where people are not so AMENDMENT NO. 3802 see such action, such assumption, and outspoken about their faith, just as Mr. LAUTENBERG. Mr. President, I such disregard for the intelligence of they are more reserved in most other call up amendment No. 3802 and ask for the people of our States. aspects of their lives. I was raised in its immediate consideration. My faith has always been an impor- the South where we love to talk about The PRESIDING OFFICER. The tant part of my life because I was it, where it is an important part of who clerk will report. raised in a Christian family, with par- we are and we want to talk about it, The senior assistant bill clerk read as ents who had strong principles, who where we like to hug and we like to be follows: had tremendous love, and continue to, close. There is no doubt that there are The Senator from New Jersey [Mr. LAU- and an ability to share with me what differences in the regions of our coun- TENBERG], for himself, Mrs. CLINTON, Mr. try in how we express things. Some- FEINGOLD, and Mr. CORZINE, proposes an that love could produce in my life if I, amendment numbered 3802. too, were willing to share it with oth- times my colleagues say I even need a Mr. LAUTENBERG. Mr. President, I ers. translator because my accent is so ask unanimous consent that the read- I worked as a youth group director thick. There is nothing wrong with the ing of the amendment be dispensed while I was in college. I taught Sunday differences in the regions of this coun- with. school while I worked here on the Hill try. There is nothing wrong in the dif- The PRESIDING OFFICER. Without as a staffer—in Washington, DC. I con- ferent ways we choose to show our objection, it is so ordered. tribute time to homeless shelters here faith. But there is something deeply The amendment is as follows: in DC, and at home, working with the wrong with people using the political (Purpose: To stop corporations from Red Cross through many kinds of dev- process to accuse people of not being financing terrorism) astating natural disasters in my home true to their faith. At the appropriate place, insert the fol- State—finding incredible opportunities The man from Massachusetts, maybe lowing: where I could provide that love and he is quiet, but less visible expressions SEC. ll. TERRORIST FINANCING. that assistance to my fellow man. of faith do not warrant such (a) CLARIFICATION OF CERTAIN ACTIONS My husband Steve and I make sure judgmental political statements from UNDER IEEPA.—In any case in which the our family is regularly at church, the Republican Party. I hope, I hope President takes action under the Inter- whether we are here in the Washington deeply, that the Republican Party, national Emergency Economic Powers Act area or at home in Arkansas with our which has produced this pamphlet that (50 U.S.C. 1701 et seq.) to prohibit a United family. There is rarely a meal that was so well described by my colleague States person from engaging in transactions with a foreign country, where a determina- goes by in my home where we don’t all from West Virginia—I hope there will tion has been made by the Secretary of State join hands and say a prayer of thanks- be an apology for their claims that that the government of that country has re- giving and gratefulness for all of the Democrats want to ban the Bible and peatedly provided support for acts of inter- many blessings in our life. We end each the inferences that Democrats, for national terrorism, such action shall apply September 30, 2004 CONGRESSIONAL RECORD — SENATE S10017 to any foreign subsidiaries or affiliate, in- the law that allows this to happen, New Hampshire, was riding home from cluding any permanent foreign establish- thereby cutting off a major source of school in Haifa, Israel, when her bus ment of that United States person, that is revenue for terrorists. exploded as a result of a suicide bomb. controlled in fact by that United States per- As the 9/11 Commission stated: That attack killed 15 people and was son. (b) DEFINITIONS.—In this section: Vigorous efforts to track terrorists’ financ- directly linked to terrorists funded by (1) CONTROLLED IN FACT.—The term ‘‘is con- ing must remain front and center in the U.S. Syria and Iran. trolled in fact’’ includes— counterterrorism efforts. I was in Iran with several other Sen- (A) in the case of a corporation, holds at We took pains to check with the Par- ators and we talked to the President of least 50 percent (by vote or value) of the cap- liamentarian about the germaneness, the country about supporting ter- ital structure of the corporation; and the relevance of our amendment, and it rorism. He denied any suggestion that (B) in the case of any other kind of legal was confirmed that this would be rel- they might be operating out of his entity, holds interests representing at least evant. country, but the Israelis last week ap- 50 percent of the capital structure of the en- We need to starve the terrorists at parently took an action to eliminate tity. the source and that is why our sanc- (2) UNITED STATES PERSON.—The term the head of one of the terrorist organi- ‘‘United States person’’ includes any United tions program in law is so critical, but zations who was clearly functioning States citizen, permanent resident alien, en- now we know a loophole in the law ex- there. tity organized under the law of the United ists that enables companies to do busi- We have to worry about these coun- States (including foreign branches), wher- ness with Iran, which openly boasts tries and we cannot give them any lati- ever located, or any other person in the about its support for Hamas and Is- tude, any encouragement to continue United States. lamic jihad. with their killing ways. We also have (c) APPLICABILITY.— Iran also funded the 1983 terror at- to worry about providing revenue to (1) IN GENERAL.—In any case in which the tack in Beirut that killed 241 U.S. Ma- Iran because of its well-known desire President has taken action under the Inter- rines; 241 of our finest young people national Emergency Economic Powers Act to build a nuclear bomb and other and such action is in effect on the date of en- killed by Iranian terror, and yet we are weapons of mass destruction. actment of this Act, the provisions of sub- permitting U.S. corporations to pro- The 9/11 Commission concluded: section (a) shall not apply to a United States vide revenue flows to the Iranian Gov- Preventing the proliferation of [WMD] person (or other person) if such person di- ernment. We have to put a stop to it as warrants a maximum effort. vests or terminates its business with the quickly as we can. Certainly, ‘‘maximum’’ includes pro- government or person identified by such ac- How do companies get around ter- viding funding for some of these firms. tion within 90 days after the date of enact- rorist sanction laws? It is a fairly sim- So allowing U.S. companies to provide ment of this Act. ple process. They simply establish a revenue to rogue WMD programs is (2) ACTIONS AFTER DATE OF ENACTMENT.—In foreign subsidiary and run their Ira- clearly not a maximum effort. any case in which the President takes action Some people think this is an isolated under the International Emergency Eco- nian operations. It is demonstrated on nomic Powers Act on or after the date of en- this chart which says that U.S. cor- problem, but it is not. According to a actment of this Act, the provisions of sub- porations have subsidiaries all over the report by the Center for Security Pol- section (a) shall not apply to a United States place and that is common in our eco- icy, there are large numbers of compa- person (or other person) if such person di- nomic and business structure. Once a nies doing business with Iran and other vests or terminates its business with the foreign subsidiary is created, then peo- sponsors of terror. government or person identified by such ac- ple can do business with Iran or other Iran sponsors terrorism, period. The tion within 90 days after the date of such ac- rogue nations, people who are deter- terror they help fund has killed hun- tion. mined to kill our citizens, can do busi- dreds of Americans. Iran is seeking to SEC. ll. NOTIFICATION OF CONGRESS OF TER- develop nuclear weapons and yet U.S. MINATION OF INVESTIGATION BY ness with them and provide services— OFFICE OF FOREIGN ASSETS CON- intentionally, I do not believe—but companies are using a loophole in the TROL. nevertheless to people like Hamas and law in order to do business with the (a) NOTIFICATION REQUIREMENT.—The Office Hezbollah. It is a terrible thing to rec- Iranian Government. It is wrong. It is of Federal Procurement Policy Act (41 U.S.C. ognize that American companies can be not illegal yet, but this amendment 403 et seq.) is amended by adding at the end providing sustenance to countries that would change it. I am sure when my the following new section: support terrorism actively. colleagues examine what we are talk- ‘‘Sec. 42. Notification of Congress of termi- Our American sanctions law pro- ing about, they will consider joining nation of investigation by Of- us, I hope, enthusiastically. fice of Foreign Assets Con- hibits American companies from doing trol.’’. business with Iran, but the law does It is inexcusable for American companies to engage in any business that ‘‘The Director of the Office of Foreign As- not mention an American company’s sets Control shall notify Congress upon the foreign subsidiaries. As long as a loop- provides revenue, any business practice termination of any investigation by the Of- hole like this is in place, our terrorist that provides revenues to terrorism. fice of Foreign Assets Control of the Depart- sanction laws are considerably dimin- We have to stop it. We have a chance to ment of the Treasury if any sanction is im- ished in their force. do that with this amendment. I remind posed by the Director of such office as a re- After brutally murdering 241 of our our distinguished colleague, the chair- sult of the investigation.’’. young marines in their sleep in Beirut person of the committee, that she sup- Mr. LAUTENBERG. Mr. President, I in 1983, an Iranian-backed terrorist ported this amendment before and I offer an amendment to this intel- killed two American women whom we hope she will once again support the ligence reform bill because I think it is show in these photos. Look at these amendment and let all of us close the consistent with the mission of that young faces. They are people at the terror funding loophole. bill. There has been a lot of work and dawn of life. Sara Duker was a con- I yield the floor. a lot of debate about the bill, and I per- stituent of mine, a 22-year-old from the Mr. REED. Mr. President, I ask unan- sonally am supporting it, but I offer an town of Teaneck, NJ. She was a summa imous consent that the order for the amendment to do something we very cum laude graduate of Barnard College. quorum call be dispensed with. much intend to have happen, and that Sara was killed with her fiance when The PRESIDING OFFICER. Without is to shut down the source of revenue the bus she was riding in in Jerusalem objection, it is so ordered. for terrorist organizations. in 1996 was blown up by Hamas. An IRAQ The 9/11 Commission report talks American court confirmed that Iran Mr. REED. Mr. President, we are about the critical issue of terrorist fi- was responsible and assets were seized today, in this country, convulsed by nancing because as President Bush has to try and provide compensation to the the situation in Iraq. It is an extraor- said, money is the lifeblood of terrorist families. dinary crisis. It is taxing our men and operations. Hamas receives its funding and sup- women in uniform, and it is certainly Amazingly, some of our very own port from the Iranian Government and taxing our resolve. corporations help provide revenue indi- that is why this attempt to sequester I think one of the problems is that rectly to terrorists by doing business assets was done. the administration has not focused on with state sponsors of terrorism. My Last year, Abigail Litle, a 14-year-old the reality on the ground, what is real- amendment would close the loophole in Christian missionary originally from ly happening on the ground. They are S10018 CONGRESSIONAL RECORD — SENATE September 30, 2004 hoping, but hope is not a substitute for We also understand clearly that There is a litany of mistakes that are planning; hope is not a substitute for a Sunni provinces have ‘‘no-enter quite obvious: No real plans for sta- very candid and hard look at the situa- zones’’—areas in which the United bilization and reconstruction in Iraq. tion on the ground. The reality is that States cannot even send its troops We should have sensed that. there is widespread violence and insta- today successfully. One of these areas I can recall in the fall of 2003 and in bility throughout Iraq. is Ramadi. succeeding days and months leading up Yesterday, the New York Times re- According, again, to a story in the to the attack last year where we had a ported that Los Angeles Times on September 28: situation where we were trying to get over the past 30 days more than 2,300 attacks The erosion of order in Ramadi illustrates information about stabilization. We by insurgents have been directed against ci- the success of the insurgents’ methods and didn’t have that. We did not have that vilians and military targets in Iraq in a pat- the serious problems facing the interim gov- information. tern that sprawls over nearly every major ernment and its U.S. backers in maintaining population center outside the Kurdish north, stability in Iraq. It also threatens to thwart In addition, there were insufficient according to the comprehensive data com- plans for a national election in January. . . . forces to stabilize Iraq and we were left piled by a private security company with ac- An election that omits key population cen- unprotected for weeks and months, cess to military intelligence reports and its ters in the so-called Sunni Triangle region which today has led to a proliferation own network of Iraqi informants. would have greatly diminished credibility. of weapons in Iraq, IEDs particularly, You would think, given this informa- In Fallujah, there are similar situa- the improvised explosive devices that tion, that the administration would tions where there are areas we cannot are bedeviling our forces. We cannot begin to reflect on the difficult cir- enter. In the Shia South, there is the secure those. We could not secure the cumstances on the ground, but that is instability principally generated by borders. We need more troops. not the case. They continue to pursue Sadr, the young cleric who has defied There was a failure to secure multi- both policies and rhetoric which sug- the central government and also the national support, not only in the sense gest that all is not well yet it is quick- U.S. repeatedly. of getting the good will, good wishes, ly getting there. We generally see the violence in Iraq and support of the international com- But there is something else they as a function of attacks against our munity, but particular failures. have done which I think is startling, troops, but when we do that we miss a We were not able to convince the and that is in a related story in the very important reality; that is, this vi- Turkish Government to allow the use Washington Post, information such as olence is only a small portion of the vi- of Turkey as a point of entry into Iraq. what I just quoted, that data from pri- olence that the Iraqi people feel each The Fourth Infantry Division, poised vate security companies is not being day—not from terrorists but from rob- to move through Turkey, to attack in recognized and evaluated. It is being bers, burglars, rapists, and murderers. the north, to roll up and envelop all of suppressed. In June, a poll was conducted. They the Iraqi forces to the north, was re- According to today’s Washington asked the Iraqi people to list their top routed to the south because of that Post, the three priorities. Fighting crime rep- lack of cooperation. The consequence USAID said this week that it would re- resented one of the top three priorities on the ground was literally thousands strict distribution of reports by Kroll Secu- of 92.8 percent of the people of Iraq. of Iraqi soldiers were never effectively rity International showing the number of Stopping attacks on coalition forces contested. They gave up, they dis- daily attacks by insurgents in Iraq has in- represented a top priority of 17.5 per- creased. appeared, and apparently reformed as cent of the people of Iraq. On a daily insurgents. That is another example of On Monday, the Washington Post pub- basis, we are seeing not just attacks lished a front-page story saying that the the lack of international cooperation Kroll report suggests a broad and inten- against coalition forces and security that could have materially assisted us. forces of Iraq, we are seeing a situation sifying campaign of insurgent violence. A We made a significant error in disin many places which is beyond chaotic USAID official sent an e-mail to congres- banding the Iraqi Army. Rather than to the point which the Iraqi people are sional aides stating: This is the last Kroll re- disbanding the army, we should have port to come in. After the Washington Post quickly beginning to assume that we marched them back to their barracks story, they shut it down in order to regroup. not only are occupying but we are and tried at that point to see if we I will let you know when it restarts. inept occupiers. We cannot even pro- could, through some type of vetting of If we don’t have accurate informa- vide the level of stability that they en- officers and senior enlisted people, or tion, if we are not able to tell difficult joyed previously. They have already some procedure, get them to be part of truth one to another, we will never be decided we are occupiers. They have the solution rather than part of the able to effectively design a policy for decided we must go. Iraq. The struggle now politically, I think, problem. They are part of the problem It is concerning to me that the ad- is you have to recognize that in this today. Many of these insurgent leaders, ministration would try to respond to type of conflict it is essentially a polit- I believe, have roots going back to the the facts by suppressing the facts, but ical struggle. We can win tactical vic- army and the military force structure, that is just one example of what is tories one after another—and we will— the security forces of Iraq. going on. but unless we create a political dy- Then we conducted a de- I know this. The country, with some namic which will coalesce support Baathification program that applied exception, is wracked by violence. The around the new Iraqi Government and across the board. We put that in the Kurds in the north have had a semi- coalesce cooperation with us, our ef- hands of Chalabi and others who had no autonomous region for many years. It forts tactically will be marginal. real legitimacy in the country. As a re- is under our informal protection and What is happening, though, politi- sult, for months and months and formal protection. That is a part of the cally in Iraq now is the fact that each months we prevented teachers and pro- country where there is a certain sta- of these groups and subgroups have one fessionals from working. It did not help bility, but there is political tension eye on the current situation, our pres- in terms of getting schools going building there because the Kurdish ence there, but their other focus is on quickly. It certainly created this at- sense of autonomy will invariably what happens when we go. Will they be mosphere among the Sunni community clash with the need to create a central in power? Will they survive? Will they that they were going to effectively be government in Iraq. succeed? That creates a dynamic that marginalized as people and as citizens The focal point of that clash could be is very difficult for us and very dif- of Iraq. That process was a mistake. the oil around Kirkuk, which is the ficult for stability in Iraq. Part of that, as I mentioned, was put- second biggest source of oil for the How did we get there? ting misplaced reliance on Chalabi and country of Iraq. Those oil fields could It is in some respects a triumph, as I his colleagues. I recall he sat as a guest be in jeopardy as a pawn, if you will, in said before, of hope over history, of ide- of the First Lady at this year’s State a struggle between the Kurds asserting ology, of political calculation, arro- of the Union speech, yet today is ac- their autonomy and the central gov- gance in some cases, ignorance that cused of cooperating and perhaps spy- ernment trying to maintain its author- has led us to enter the country ill pre- ing for the Iranians. That has been a ity. pared. mistake. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10019 The CPA, Coalition Provisional Au- complicated politics of Iraq where it cies the Department of Defense has had thority, turned out to be not up to the seems the only institutions that have to undertake because they do not have great task with which they were en- any type of strength and coherence are sufficient soldiers. Approximately trusted. The administration rejected the mosques or the militias, and they 16,000 active-duty soldiers have already the traditional agencies of the State sometimes overlap. So for all these had two tours in Iraq and if they stay Department and their divisions who reasons, despite the evidence of grow- in the service longer, they will have have experience in stabilization oper- ing instability, despite the prolifera- another. In order to keep the strength ations in terms of political govern- tion of crime, we have just gotten down up, they have resorted to stop-loss or- ments, reconstruction, economic devel- to begin to train an effective Iraqi se- ders, essentially telling a soldier, once opment, and put together an ad hoc curity force of police, army, national your unit has been alerted, you are group of people who were the archi- guard, and special operations. That is a there until the unit returns home, even tects of what was a lost year of year wasted, a year that should not if you can leave the service in that in- progress that we should have been have been wasted. The signs were quite terim. In the words of some, it is a making with respect to Iraq. clear. ‘‘backdoor draft.’’ And, of course, there was the failure Indeed, even as we focus on this, Since September 11, DOD has an- to recognize this insurgency. We all re- there have been reports in the press nounced six stop-loss policies for the call Secretary Rumsfeld’s remarks that General Petraeus, who has been Army, two for the Navy, five for the about a few dead-enders. It was much put in charge of this operation, has not Air Force, and two for the Marine more than a few dead-enders. It has yet received his full complement of Corps. Only the Army still has a stop- metastasized into a virulent and effec- American personnel to help, another loss policy in place. That is another tive force attacking our troops on a example of a delayed reaction, a reac- way in which to create soldiers by daily basis and attacking the citizens tion based upon hopes that did not ma- means other than a strictly voluntary of Iraq. terialize. While those hopes were ban- approach. There was a failure then simply to died about here in Washington, the sit- One of the greatest burdens falls on read the intelligence. We are debating uation got much worse. the Guard and Reserves. Today, we this intelligence bill today because we All of this leads to an Iraq today that cannot continue our mission without have to create—indeed, it is necessary is imposing extraordinary costs on this the brave men and women of our Army to create—an intelligence system that country. One of the most obvious and and Air Force Guard and Reserve units. is more effective. Let me point to an poignant costs is the loss from Amer- We are asking them to go way above intelligence success. This was the na- ican fighting men and women in battle: and beyond the call of duty. tional intelligence estimate. According 1,054 soldiers have been killed and 7,532 Since September 11, 2001, 422,950 to a report in the New York Times, soldiers wounded, who have served this members of the Reserve component The estimate came in two classified re- country with great fidelity and great have been mobilized; 51 percent of the ports prepared for President Bush in January courage. Their families deserve our Army Guard and 31 percent of the Air 2003 by the National Intelligence Council, an Guard. The average duty days have profound respect. We owe them, and we independent group that advises the Director climbed as a result. Guard and Reserve owe their colleagues who still fight, of Central Intelligence. The assessments pre- men and women are now serving, on dicted that an American-led invasion of Iraq more wisdom and more truth. That is why it is particularly frus- average, about 120 days a year. In fact, would increase support for political Islam back in 2002, it was only 80, and before and would result in a deeply divided Iraqi so- trating to see this example of a reac- ciety prone to violent internal conflict. tion where, when the facts are uncom- that it was much less. We are looking at a situation which fortable, those facts are suppressed. Very perceptive. It was disregarded the GAO described as fraught with con- That is not appropriate given the sac- by the administration, and I think dis- sequences. In their words: regarded for several reasons. They had rifices we have seen. The costs to our Army, particularly, DOD policies were not developed within a view, which was not substantiated by the context of an overall strategic frame- the facts, that we would be greeted are significant. Personnel costs. We all work. . . . Consequently the policies under- with open arms. Principals in the ad- understand there were misgivings went numerous changes as DOD strove to ministration said that. about the full size of the force being de- meet current requirements. These policy As we debate this intelligence re- ployed. When General Shinseki was changes created uncertainties for reserve form, we also have to understand it is asked, he did not volunteer, about the component members concerning the likeli- not just producing good intelligence; it size of the force needed, he said, ‘‘some- hood of their mobilization, the length of is having leaders who understand and thing on the order of several hundred their overseas rotations and the types of missions that they would be asked to per- use that intelligence wisely. thousand soldiers,’’ and was imme- form. It remains to be seen how these uncer- Then one of the most critical issues diately castigated by Secretary Rums- tainties will affect recruiting, retention and is that we have wasted a year to train feld, saying this estimate was ‘‘far the long term viability of the reserve compo- Iraqi security forces. I can recall, as from the mark,’’ and Secretary nents. many of my colleagues recall, being Wolfowitz, who called the estimate We have already seen the National briefed over the past many months. It ‘‘outlandish.’’ Guard report that they have not been seemed each briefing would contain an- Then in his few remaining days in able to meet their recruiting objectives other pie chart showing the growing, the Army, General Shinseki was per- for the most current year. So the evi- growing Iraqi security forces and the sonally shunned by the leadership and dence is beginning to accumulate. diminishing United States involve- made to feel entirely uncomfortable— This operation tempo will mean more ment. All of that was an illusion. These and I am being very polite. He did not and more pressure on the military forces were untrained, ill equipped, un- deserve that. This is a professional sol- forces, particularly land forces, and, as prepared. It took us a year to recognize dier who was asked his honest opinion a result, you will see the stress even that and we are only beginning now to and he gave it. I wish there were more more, in recruiting and retention, chal- recognize what we have to do to ensure folks like him in uniform. Certainly lenging our military leaders. We need that Iraqi security forces can, in fact, the comments of Secretary Wolfowitz more troops, I believe, as an initial re- provide for the security of their coun- and Secretary Rumsfeld were very far sponse to the situation in Iraq, Afghan- try. off the mark. We have over 100,000 istan, and around the world. We should Part of it was a result of the notion troops in place. They probably will be do that honestly and directly. We that we could do it ourselves, that this there for years. There is a strong sign should not rely upon supplemental ap- was just a few diehards, as Secretary that we need more. propriations. We should not rely on Rumsfeld said, that we could root them This is a great stress on our military, emergency authorizations for addi- out and we could deal with them with 17 months after President Bush de- tional troops. We should increase the the coalition forces. Then it was reluc- clared the end of major combat oper- end strength of the Army and provide tance to develop an Iraqi security force ations, with over 138,000 troops still for the payment of that end strength because of the fear that they would be- stationed in Iraq. They are there be- through the regular budget process, come another power player in the very cause of a patchwork of different poli- not by supplementals. S10020 CONGRESSIONAL RECORD — SENATE September 30, 2004 Senator HAGEL and I offered an ural disaster, where are they going to graphs who have done despicable amendment to do this last October. In get the equipment they deployed over- things. They will be punished. They are March, again, Senator HAGEL, joined seas? How are they going to be af- being punished. We have a responsi- by Senator MCCAIN and I, introduced a fected? bility to look not only at the young bill that would increase the Army end In addition to the National Guard soldiers, but the leadership, the chain strength by 30,000 troops. In May, we and Reserves, the Active Army is reset- of command, the policies they adopted together offered an amendment to the ting itself under new battle formations, or did not adopt, the confusion they fiscal year 2005 Defense authorization modularity, which is a concept that I created and did not resolve. We have bill to increase the size of the Army by think is ingenious, a concept that had several investigations so far. Each 20,000 personnel, a figure the Army says should be supported. But as they are one goes a little bit down the road but it could absorb in an efficient way in 1 doing this, they too are shuffling then seems to stop. year. This was accepted by the Senate, equipment about. There are some units We waited, frankly, for months for and it is now in conference with the that are not yet up to speed with all the report of General Fay and General House. their equipment. They will have it, I Jones, thinking this would be the final One point I should make, though, is am sure, before they are deployed over- authoritative report that would look that, once again, the administration seas, but it is another example of the from the level of three star and four insisted—even though they oppose the turmoil in terms of equipment we are star all the way down. It turns out that end strength—if it was to be put in the seeing within the military. for one of the most significant issues, bill, it still had to be paid for by emer- In order to respond accurately, cor- the issue of ghost detainees—those in- gency funds. That is not the right way rectly, and directly to the situation in dividuals who were not properly recorded by the authorities when they to do this. We have to make sure we Iraq, we have to increase our Army, I came into our custody—General Jones have a suitably sized Army. believe, and make sure they have the This is not a spike. This is not a tem- resources to have the equipment they and Fay had no real answers because porary situation. Every time the Presi- need to do the job. they didn’t get any cooperation from the Central Intelligence Agency. Now dent speaks, he talks about staying the Now, the funding for our operations we have another investigation presum- course, our long-term commitment to in Iraq has been primarily through ably conducted by the IG and the De- Iraq. That is not a temporary promise, supplementals. In the past 17 months, partment of Defense. This is not the I do not think. I think that requires a President Bush has requested and Con- way to get to the core of what hap- permanent fix to the size of our Army gress has appropriated $187 billion for pened. It might be an effective way of and to our Marine Corps. the wars in Iraq and Afghanistan. For postponing real review and investiga- Now, one of the things that has hap- comparison, the budgets for the De- tion, but it is not the way to get the pened since our debate on the floor is partment of Labor, the Department of answers. Health and Human Services, the De- that the Defense Science Board, a These answers are important, not panel of experts appointed by Sec- partment of Education, and the De- simply because of individual culpa- retary Rumsfeld himself, stated: ‘‘Cur- partment of Interior total $163 billion. bility of soldiers up and down the rent and projected force structure will So we have been spending in Iraq more ranks, but because we have to have a not sustain our current and projected money than we allow for discretionary military force that understands that global stabilization commitments.’’ spending for the Departments of Labor, they are subject to the laws, that it is There are ‘‘inadequate total numbers’’ Health and Human Services, Edu- not optional for leaders to ignore some of troops and a ‘‘lack of long term en- cation, and Interior. or modify them at will. This is the very durance.’’ The last supplemental, for $25 billion, challenging situation, but it is an ex- That is the conclusion of experts who was passed in May 2004. At that time, ample, once again, of the lack of pre- have studied this issue, who have the administration said they would not paredness, the lack of sufficient per- looked at all the things the Army is need the funding until January or Feb- sonnel, and the lack of clear guidance doing through modularity, through ruary of next year, 2005. Yet it has been that has plagued our operations in Iraq technical improvements and techno- reported this week that $2 billion of from the beginning. logical innovations to minimize the this fund has already been used, show- I have spent a great deal of time need for additional troops, and they ing the huge, huge pressure, the huge talking about Iraq. The interesting have concluded, as a result of the study cost of our operations in Iraq and Af- thing in some respects is what we are requested by the Secretary of Defense, ghanistan. not talking about. We are not talking that we need more troops. Last week, President Bush an- about North Korea. But just this week It is not only troops. We also need nounced he plans to divert nearly $3.5 on Monday, at the United Nations, equipment. The Army has sustained billion from Iraqi water, power, and Vice Foreign Minister Choe Su Hon $2.439 billion in equipment battle losses other reconstruction projects to secu- said North Korea had been left with in Iraq and Afghanistan. Presently, the rity, another indication, I think, that ‘‘no other option but to possess a nu- Army has an unfunded requirement for the security situation is in very dif- clear deterrent’’ because of U.S. poli- $1.322 billion for munitions. ficult circumstances. cies that he said were designed to Last year, the Army spent $4 billion We have been funding these oper- eliminate his country. He stated: on equipment reconstitution—resetting ations with supplementals. But we can- We have already made clear that we have it, repairing it, and getting it ready to not continue to do that because there already reprocessed 8,000 wasted fuel rods go again. will be a point, I believe, at which the and transformed them into arms. The Marine Corps expects to need American people will be very con- Reprocessing 8,000 rods would extract over $1 billion to reconstitute equip- cerned, when each year we are forced enough plutonium for as many as eight ment next year. to vote on $60, $70, $80 billion of supple- nuclear warheads. Here is a situation The GAO reports that since Sep- mental funding for Iraq and Afghani- where, as we focused on Iraq, we have tember 11, the Army Guard has trans- stan. We know this effort is going to sat by as the North Koreans blatantly ferred 22,000 pieces of equipment from take many, many years. People talk and boldly opened up the cans in which nondeploying units to units deployed about it as a generational struggle, and IAEA sealed the rods and, according to in Iraq. What we have is a huge reshuf- I think that is right. We have to pre- their comments, have reprocessed this fling going on, as units back in the pare for that struggle, but we cannot material into nuclear weapons. One of United States take their equipment do it in ad hoc supplemental budgeting. the worst possible situations, a nu- and give it out to units that are de- We also have seen, of course, the ter- clear-armed North Korea, may have ploying forward. It leaves these units rible incidents of abuse in Abu Ghraib, evolved. We are at this point taking back in the United States without with too few troops in that prison to do troops out of South Korea to fulfill our equipment. If they are called upon to the job, ill-trained troops in that pris- requirements in Iraq. What signal does perform a mission, another inter- on to do the job, but it is not just those that send to the North Koreans? national mission, a homeland security troops. I think it is wrong simply to It is not a question of deterrence. We mission, or a mission involving a nat- single out people we know from photo- have the capability of deterring the September 30, 2004 CONGRESSIONAL RECORD — SENATE S10021 North Koreans from coming south. But mark legislation. The first reaction of individual rights and liberties. It is a it certainly is not aiding us in what ul- anyone who listens to those dates delicate balance and delicate negotia- timately must be our objective of dis- would be that they must be acting in tion between security and liberty. arming North Korea, hopefully through haste. Again, after 9/11, the first invasion in peaceful means and through negotia- The fact is that no sooner did Sen- the continental United States since the tions, not just our efforts alone but the ator COLLINS and Senator LIEBERMAN British stormed this building in the world community, because the great receive this report than they an- War of 1812, after that our Government fear that we all have, that transcends nounced they would take it extremely came and asked for more authority to the current struggle in Iraq, is that seriously and they would do some go after the terrorists and to protect terrorists will obtain nuclear material things unprecedented around this insti- our Nation. On a bipartisan basis we and nuclear weapons. tution to try to move the legislation gave that authority to the Govern- Here we have a situation where over on a timely basis. It meant asking Sen- ment. the last several months the North Ko- ators to return in the month of August, We understood that it was a risky de- reans have finally said: We have them. a month when we are usually either cision. We were enacting the PATRIOT Part of our lack of response is an inter- back in our States or vacationing with Act at a time of high emotion, when we nal debate within the administration our families, to come back and to have were still very mindful of the tragedy that has been going on for months, if a series of hearings, starting with Gov- of 9/11 and the thousands of innocent not years: Do you negotiate, which ernor Kean and Congressman Ham- Americans killed, as well as their fami- means some type of arrangement be- ilton, Chair and Vice Chair of the Com- lies who were grieving. We gave that tween the world and North Korea, or do mission, and then a long series of many authority to our Government and said you once again embark on a regime scores of witnesses who came and we will put a time limit on some of change operation? The difference over talked to us about aspects of this re- these new powers and we will revisit the last several months is the growing port. them in the future to see if we have realization that Iraq has put so much They followed those hearings in Au- gone too far. stress on our military forces, that in gust and early September with a mark- At every step of the way, we want to the event of a need to disarm North up last week which I attended as a balance the security of this country Korea, there would be far fewer forces member of the committee, a markup and the liberty of Americans, and not to draw on. So that is another huge which considered 33 different amend- to go too far in giving powers to Gov- cost of our involvement in Iraq. ments. Those were serious amend- ernment at the expense of the rights Then add another development: The ments, complicated amendments. Each and freedoms that we enjoy and which Iranians continue to insist they have one of them tested us to think long and make us America. This civil liberties every right to a full, complete nuclear hard about the 9/11 Commission report board, proposed by the 9/11 Commis- fuel cycle. Of course, the concern—not as well as the bill that is before us. sion, was consistent with that value. just of the United States but the inter- The interesting thing about the On a bipartisan basis, the Commission national community—is that if they amendments that were considered is came and said, create within the execu- achieve that cycle, they will be able to that when all was said and done—some tive branch a civil liberties board; this obtain material with which to con- had been adopted, some had been de- civil liberties board will be a guardian, struct a nuclear weapon. feated—not a single amendment passed if you will, of the basic rights of Amer- Despite their protestations that that or was defeated on a partisan rollcall. icans. It will measure the policies and is not their objective, there is a grow- It wasn’t Republicans versus Demo- activities of our intelligence commu- ing suggestion, if not conclusive evi- crats. That is a good sign. It shows we nity and report regularly, on a public dence, that certainly that possibility took to this task in a bipartisan fash- basis, as to whether there has been a might exist. And once again, what are ion and made concessions to try to find Government effort that has gone too we doing? Why have we not focused at- solutions. far. tention on Iran in a more meaningful I, frankly, do not disparage debate on I am not sure there is another board and decisive way? the Senate floor. It is an important like this in any other part of our Gov- One has to question a strategy that part of what we do. Even heated debate ernment, but I applaud the 9/11 Com- has led us into Iraq, to the instability, I find informative and sometimes en- mission for suggesting it. I certainly to the costs, to the lost opportunity, tertaining. But this morning at the applaud Chairman COLLINS and Senator when there appear to be much more se- town meeting which I had with Senator LIEBERMAN for incorporating the origi- rious threats abroad. FITZGERALD, a constituent from Illinois nal civil liberties board in this legisla- We have an opportunity to be much came up and said: Why do you argue so tion and accepting several amendments more candid, much more truthful much? Why don’t you just get together, that I offered, which I think make the about what is going on. That is an op- the two political parties, and solve the board even more independent and wor- portunity I would hope the administra- problems? thy of the duties that are entrusted to tion would embrace because unless we I understand that sentiment. And it. operate with the facts and unless we though our arguments and debate may Senator KYL of Arizona came to the operate with the reality of the situa- sound adolescent or a waste of time, floor this morning and suggested tion, there will be no way we can effec- they are, in fact, the noise of democ- amendment No. 3801. It is an amend- tively plan to deal with the threats we racy. The debate in our committee, the ment to the civil liberties board sec- face. Governmental Affairs Committee, tion. In my estimation, it would really I yield the floor. which led to the adoption of some undermine the effectiveness of this The PRESIDING OFFICER (Mr. AL- amendments and rejection of some civil liberties board. EXANDER). The Senator from Illinois is amendments, led to a good bipartisan The Senator from Arizona said Chair- recognized. work product which we bring to the man COLLINS and Senator LIEBERMAN Mr. DURBIN. Mr. President, before Senate floor today. I am proud to sup- failed to make tough choices, in his initiating my remarks, let me express port it and proud to be a cosponsor. words, because they were trying to win the admiration and respect I have for There are two parts of it in which I unanimous approval of the bill. It is the chairman of this committee, Sen- take particular pride. One relates to true the bill was reported unanimously ator COLLINS of Maine, as well as the the civil liberties board. The civil lib- from the committee; despite reserva- ranking Democrat, Senator LIEBERMAN erties board was an idea of the 9/11 tions of some members, we all came to- of Connecticut. What they have pre- Commission. They understood, as I gether to report it out. I disagree with sented to the Senate is an extraor- think all of us do, that historically the Senator’s premise that this unani- dinary work product, if one considers when the United States was concerned mous vote was at the expense of mak- the fact that we first received the 9/11 about security issues and safety issues, ing hard choices. Trust me, hard Commission report on July 22, and a those were the moments when our Gov- choices were made on almost every mere 8 or 9 weeks later we are on the ernment asked for more power to pro- page of this lengthy legislation. There floor of the Senate considering land- tect America, usually at the expense of is nothing wrong with trying to work S10022 CONGRESSIONAL RECORD — SENATE September 30, 2004 together in a bipartisan fashion. I The board will help to ensure that a Government? Here are two specific ex- think Senator COLLINS and Senator powerful consolidated intelligence amples: First, the Abu Ghraib prison LIEBERMAN did just that. They made community does not violate privacy scandal. Implicated in that scandal some of the toughest choices. and civil liberties. I am afraid the Kyl were private contractors hired by our This legislation would authorize the amendment will upset this delicate Government to interrogate prisoners. most significant reorganization of our balance. I want to speak about three Information they generated might be intelligence community in 50 years. I problems associated with that amend- the domain and property of these pri- believe this legislation will save lives. ment. vate companies. If the civil liberties In his remarks on the amendment, Number one, very wisely, Senator board wanted to look into prisoner Senator KYL of Arizona suggested COLLINS and Senator LIEBERMAN in- abuse and the companies refused to those who were concerned about our cluded in their bill a standard of review provide that information voluntarily, fundamental constitutional rights need for the civil liberties board. I think you they would need a subpoena. That is to balance our concerns with concerns need to give the board guidelines as why this subpoena power is in the bill. about the lives of American citizens. If they review government actions. The In addition, if our Government en- that is the premise of his position, I board is to determine, under current gages in a cooperative agreement to don’t quarrel with it. It is always a bal- language, whether Government power obtain data from a private company to ance. If you give the Government too actually materially enhances security, protect America from a terrorist at- much authority to make us safe and whether there is adequate supervision tack, materials possessed by that pri- take away from individuals the basic of the use of the power to ensure pro- vate company would not be reviewable, rights of our country, then what do we tection of civil liberties, and whether except on a voluntary basis, by the have left? When it is all over, those there are adequate guidelines and over- civil liberties board, unless they had unique American values have not been sight to properly confine its use. subpoena power. Senator KYL wants to protected. Rather, they have been Where did we find this particular ap- take away that subpoena power. In taken by the Government. So we al- proach? We found it in the 9/11 Com- doing that, he will tie the hands of this ways want to make sure we have mission report. board when it comes to gathering the enough authority in the Government Frankly, I cannot understand Sen- necessary information to meet its re- to protect us, but not too much. That ator KYL’s amendment on this issue. sponsibility. is what this legislation does. He wants to take out the 9/11 Commis- The other thing the Kyl amendment One of the issues we weighed heavily sion’s standard of review. Should Con- addresses is the section of the bill enti- was how to fight the war on terrorism, gress not give this guidance to the tled ‘‘Informing the Public,’’ which re- while protecting basic liberties. The board? Shouldn’t the members of the quires this civil liberties board to share American people expect no less. civil liberties board understand their information about its work with the Let me quote from the 9/11 Commis- charge and responsibility? Can it be public. This is a good thing, from my sion when they addressed this issue: stated more simply and clearly than in point of view. It is a healthy aspect of While protecting our homeland, Americans the language I just read from the 9/11 the bill. We make provisions so that if should be mindful of threats to vital per- Commission report? Taking away the the Board is dealing with classified in- sonal and civil liberties. This balancing is no standard of review is to leave the board formation, there is no requirement to easy task, but we must constantly strive to with no guidance from Congress. That disclose it. Otherwise, we say the civil keep it right. is an abdication of responsibility. liberties board should inform the pub- The 9/11 Commission recommended Secondly, the bill gives the board the lic about their work. this board and, following their rec- authority to obtain the information So if the Government has gone too ommendation, the legislation included they need to determine whether the far, there is a public report that could it. Government is violating civil liberties. be reviewed to understand how the In fact, the Commission has already If somebody outside the Government civil liberties board reached its conclu- endorsed the board created by this bill. refuses to provide information, the sion. Commissioner Slade Gorton, a former board would have the power to issue a The Kyl amendment would delete Republican Senator from the State of subpoena to obtain it. this section from the bill so that the Washington, and a member of the 9/11 That is common sense. An investiga- board would not be required to inform Commission, and Richard Ben-Veniste, tive body doesn’t have much authority the public about its activities. This di- a Democratic appointee to the Com- in this society if it cannot, in compel- rectly contradicts the recommenda- mission, told the House Government ling circumstances, subpoena materials tions of the 9/11 Commission. As Com- Reform Committee: it needs. missioners Gordon and Ben-Veniste A civil liberties board of the kind we rec- It is not unusual to give this sub- told the House Government Reform ommend can be found in the Collins- poena authority to a federal commis- Committee: Lieberman bill in the Senate. sion or board. Let me name a few of the Such a board should be transparent, mak- Those were the words of two commis- Federal agencies with similar author- ing regular reports to Congress and the sioners. If nothing else, it is a seal of ity: National Labor Relations Board, American public. approval of what we offer on the floor Equal Employment Opportunity Com- I think sunshine is a great disinfect- today. mission, Federal Trade Commission, ant, and I think the fact that this in- I am not surprised that there is some and Federal Energy Regulatory Com- formation will be made public is a fur- opposition to the board, as there is mission. ther incentive for those in our Govern- some opposition to other provisions in The Senator from Arizona, in speak- ment not to abuse their power. In the the bill. The board is a new entity, and ing to his amendment this morning, name of protecting America, they many of us are trying to understand suggested this subpoena authority should not destroy America’s values exactly what it would do. But I urge would give the power to the board to and America’s freedoms in a way that my colleagues to read carefully what ‘‘haul in any agent anywhere in the jeopardizes what is truly the character we have achieved with this board. It is world and drill him.’’ I am afraid that of this Nation. an integral part of intelligence reform. statement is not accurate. The sub- I think the Kyl amendment, in those It is independent. Those who serve on poena authority in this bill is a narrow three instances, not only violates the the board will be nominated by the one. It only applies to people outside spirit of the 9/11 Commission Report President, confirmed by the Senate, the Government. So for the Senator but directly violates language in the 9/ and have fixed terms. from Arizona to argue that we are 11 Commission Report that has guided In addition, there is a requirement going to call in an intelligence agent this committee in the creation of this for public reporting. So what the board before the board and drill him is to bill. discovers will not be kept deep in some overlook the obvious: The subpoena au- I urge my colleagues to oppose the file or on some computer in an intel- thority in the bill only applies outside amendment. ligence agency, but will be reported to of the Government. In addition, Mr. President, I wish to the public through Members of Con- The obvious question is, why do you speak for a moment to another provi- gress and their committees. need subpoena authority outside of the sion in this bill that is near and dear to September 30, 2004 CONGRESSIONAL RECORD — SENATE S10023 me. As I mentioned earlier, when we And that turned out to be a major ob- The 9/11 Commission Report tells us went through the lengthy hearings on stacle. that on August 15, 2001, the Min- this legislation, there were many We have a weak system for proc- neapolis FBI field office initiated an things that motivated us—this great essing and using the information that intelligence investigation of Zacarias Commission report on a bipartisan we need to make America safe, and the Moussaoui, a name well known to us basis, the need to protect America as Commission pointed that out. I have now. This man entered the country on effectively as possible and as quickly said this before on the Senate floor, February 23, 2001, began flight lessons as possible—but there was another fac- and it bears repeating, that those who at a flight school in Oklahoma City, tor. think our information technology was and began flight training at Pan Amer- At many of our hearings, in fact, adequate to the task on 9/11 should ican flight training school in Min- even appearing as witnesses, were the consider the following. neapolis on August 13. Mr. Moussaoui survivors in the 9/11 families, the men The computer system at the FBI, the had none of the usual qualifications for and women who lost a loved one in the premier law enforcement agency in flight training on Pan Am’s Boeing 747 tragedy of 9/11. I want to take a mo- America on 9/11/2001, did not have e- flight simulators. ment and salute them. They gave of mail within their system, had no ac- Contrary to popular belief, he did not their time and their lives. They made a cess to the Internet, was unable to sort say he was not interested in learning commitment to make certain that and trace by more than a one-word ref- how to take off or land. Instead, he those they love did not die in vain. erence, and when they finally came up stood out because, with little knowl- They came to this committee and with the photographs of the 19 terror- edge of flying, he wanted to learn how asked us to do our part, and we did. I ists on September 11, the computer sys- to take off and land a Boeing 747. The think this committee was faithful to tem of the FBI was incapable of send- FBI agent who handled the case in con- its charge: to follow the 9/11 Commis- ing a photograph over its computer junction with the INS representative sion and to come up with a reasonable system. They had to overnight the pho- on the Minneapolis Joint Terrorism change in reforming our intelligence tographs to their regional offices. Task Force suspected Moussaoui of community. That, to me, is as solid a condemna- wanting to hijack airplanes. This is Why is reform necessary? It almost tion of the computer system at the FBI August 15, 2001. goes without saying. We found in the 9/ as anything I read. That is a fact. And If these respective agencies had the 11 Commission Report ample evidence if you wonder why we failed to gather benefit of the Phoenix memo, brought that our intelligence community failed information, to process it, analyze it, it together with this information about us before September 11. In the Senate and use it effectively, that is what it Mr. Moussaoui, wheels would have Intelligence Committee on which I comes down to. started to turn and dots would have serve, we took a review of the intel- On July 10, 2001, an FBI agent in the been connected. But, sadly, that infor- ligence leading up to the invasion of Phoenix field office sent a memo to mation was not shared. Iraq. As hard as it is to believe, with FBI headquarters and to two agents on I can go through other illustrations the millions of dollars and thousands of the international terrorism squads in about why we need to share informa- conscientious people involved, the in- the New York field office advising of tion when it comes to ships coming telligence gathering before the inva- the ‘‘possibility of a coordinated effort into the United States using the Great sion of Iraq was in many respects just by Osama bin Laden’’ to send students Lakes, which are near and dear to me plain wrong. to the United States to attend civil as a Senator representing the great The American people, and many aviation schools. The date of that State of Illinois, and the city of Chi- Members of Congress, were convinced memo is July 10, 2001. The agent based cago, and how we can use existing in- that we needed to invade Iraq because his theory on the ‘‘inordinate number formation technology to link up facts of charges that there were weapons of of individuals of investigative inter- and draw good conclusions to protect mass destruction, nuclear weapons pro- est’’ attending such schools in Arizona. grams, linkage with al-Qaida—things America. The agent made four recommenda- Sadly, what we have found, despite that turned out to be patently wrong. tions to the FBI. The agent rec- the passage of 3 years since 9/11, is we The intelligence failed us. In one celebrated book, an author ommended that we compile a list of still have not figured out how to make wrote that the head of the Central In- civil aviation schools, establish a liai- critical information in our Government telligence Agency, in response to the son with those schools, discuss the computers and other systems of President’s question, Are you sure theories about bin Laden with the in- records compatible and combat ter- there are weapons of mass destruction telligence community, and seek au- rorism with that new information. in Iraq? is reported to have said: It’s a thority to obtain visa information on In a statement before the House Gov- slam dunk. He said with some cer- persons applying to flight schools. This ernment Reform Committee last tainty the weapons of mass destruction was July 10, 2001. Those were the rec- month, James Dempsey, executive di- were there. When we arrived, they ommendations in the FBI memo. rector for the Center for Democracy The flare went off. The notice was could not be found. and Technology, a nonprofit public in- We understand the gravity of the there. Something needed to be done. terest group, validated my concern. He threat of terrorism. Those of us who re- His memo was forwarded to one field wrote: member 9/11 and understand the seri- office. Managers of the bin Laden unit To date, however, the government still ousness of this threat want to get it and the radical fundamentalist unit at does not have a dynamic, decentralized net- FBI headquarters were addressees but work for sharing and analysis of informa- right, and intelligence is truly our first tion. line of defense. But I have to tell my did not even see the memo until after colleagues that the 9/11 Commission September 11. No managers at head- He goes on with a much longer state- Report kept returning to one basic and quarters saw the memo before Sep- ment, but to think that 3 years after 9/ recurring theme when it came to im- tember 11. The New York field office 11, after the omissions, errors, and proving intelligence and making Amer- took no action. It was not shared out- shortcomings which I have pointed out, ica safe. side the FBI. we still do not have a dynamic decen- Let me show my colleagues what As its author told the 9/11 Commis- tralized method for sharing and ana- they said because I think it dem- sion, the Phoenix memo was not an lyzing information, which is one of the onstrates in a few words why this sec- alert about suicide pilots. His worry key elements in the 9/11 Commission tion of the bill is so important to me was more about a Pan Am 103 scenario Report. and why I am glad it is part of our in which explosives were placed on air- A case in point I frequently cite is work effort. craft. Because it was not shared, be- the chronic delays in integrating FBI The 9/11 Commission Report said: cause it was not processed, we find our- and Border Patrol fingerprint data- The biggest impediment to all-source anal- selves in situations more vulnerable. bases. This problem goes back at least ysis—to a greater likelihood of connecting Mr. President, let me give another il- 6 years, where the agencies have been the dots—is the human or systemic resist- lustration of why this information unable to work out the transfer of in- ance to sharing information. sharing is so important. formation. In March of this year, the S10024 CONGRESSIONAL RECORD — SENATE September 30, 2004 Justice Department’s Inspector Gen- agencies to create a ‘‘trusted information or database. Furthermore, it is not a eral reported it will take at least 4 network.’’ mere network; it is a capability. It more years to combine fingerprint sys- We understand that without this does not move data from current systems. In other words, fingerprints col- sharing of information we cannot be tems. It does not require all new sys- lected at the border cannot be checked safer as a nation. No agency can do tems. It is a means to make informa- against fingerprints at the FBI in an this alone. They have to cooperate tion in existing legacy systems shar- integrated fashion so that a suspect at with one another. Throughout the able to authorized users. It is not based the border can be found to have been eight hearings of the Governmental Af- on any one architecture or platform. It someone with a criminal record or a fairs Committee conducted over the does not require one encryption stand- history which gives us caution and past 9 weeks, I have urged that we ard. It does not contemplate or require pause. How can we be any safer if that make revolutionary change in informa- broad distribution of personally identi- basic technology cannot be in place? tion sharing an essential element. fiable information. It does not remove Six years we failed to come up with it. I will tell my colleagues what section authorization and access control from The estimate is another 4 years is 206 of this bill, which comprises a large existing processes. It is not limited to needed before it might happen. portion of the bill, does. We set forth supporting just the IC. It does not re- The FBI fingerprint database con- precise and prudent directives for im- quire next-generation technology to tains about 43 million ten-finger sets of plementing a trusted information-shar- implement. known criminals’ prints; the Border ing network. The President is directed I see other Members have come to Patrol’s separate fingerprint system, to establish this network. The network the floor of the Senate to address as- about 6 million two-finger sets of is to be an environment consisting of pect of this bill, and I have spoken for prints. One has to ask, at some point in policies and technology designed to fa- a little over 30 minutes. I want to give time, did anyone think that both agen- cilitate and promote sharing. It is mod- them a chance to express their feelings. cies should collect the same number of eled on the comprehensive proposal by I will return to this issue next week. fingerprints from each person? Today the Markle Foundation Task Force on I hope colleagues on both sides of the it is much different. They did not inte- National Security in the Information aisle will understand that this historic grate their effort because they were Age, which I would like to salute as an- bill includes in it what I consider to be not going to integrate their informa- other major factor in the development some of the most important weapons tion. Not integrating that information of this section of the bill, as well as the and important tools for protecting does not make us any safer. 9/11 Commission Report. America against another terrorist at- For well over 2 years I have urged The network must have certain attack. We have to be creative, which the that we do something significant and tributes. This network of information 9/11 Commission Report admonishes us historic to address this failure of our must be a decentralized, distributed, to do, but we also have to use informa- information-sharing system. I refer and coordinated environment; built tion in sensible, thoughtful ways to back to GEN Leslie Groves, who was upon existing systems’ capabilities cur- make us safer. authorized and empowered by Presi- rently in use across the Government; A large section of this bill is directed dent Franklin Roosevelt after Pearl utilize the industry’s best practices, in- towards that information sharing. I Harbor to start what was then known cluding minimizing the centralization tried to engage the Senate in this de- as the Manhattan Project. of data and seeking to use common bate when we created the Department General Groves understood the possi- tools and capabilities whenever pos- of Homeland Security, but the time bilities of an atom bomb. At that sible. I want to dwell on this for one was not right. Everybody nodded in point, there had been a cursory and moment. agreement, but I could not get any- casual inquiry into how it might be Some of the critics have the wrong thing done on the bill. Thank goodness weaponized. After Pearl Harbor, Presi- notion that we are trying to create a this bill on the future of the intel- dent Roosevelt said: We need to get se- massive Government database. That is ligence community is different, and rious. We need to develop these atom not what this bill sets out to do. What thank goodness on a bipartisan basis bombs. He said to General Groves: it sets out to do is to share the infor- we have come to understand and be- Turn to the private sector, turn to mation to solve problems, to alert lieve that if we follow the 9/11 Commis- Government, turn to academia, bring America to threats to our security. It sion Report, with trusted information them all together, and do it in a hurry. is not a massive Government database. sharing, America will be safer. We may need this atom bomb to end Employ an information access man- I thank Chairman COLLINS and Sen- this war. agement approach that controls access ator LIEBERMAN for providing this sec- That is how the Manhattan Project to data rather than just networks; fa- tion in the bill. I look forward to work- was born. I have argued for quite some cilitate sharing of information; provide ing with them on the passage of this time now that if General Groves could directory services for locating informa- important legislation. accomplish that historic task in 1,000 tion; and incorporate protections for Mr. President, I ask unanimous con- days, we can in even less time see dra- privacy and civil liberties. This is an- sent to print in the RECORD an addi- matic progress in developing the infor- other one that is absolutely essential. tional illustration on information shar- mation technology we need as a Na- We want to have this information col- ing. tion. I am sad to remind my colleagues lected, processed, analyzed, and shared There being no objection, the mate- in the Senate, it has been over 1,000 every step of the way. rial was ordered to be printed in the days since September 11, and reports Through the civil liberties board and RECORD, as follows: from agencies across the board tell us express language in this legislation, we ILLUSTRATION NO. 3 SHIP IN U.S. WATERS we have not done that. are mindful that we do not want to Of course, representing Chicago and Lake The Commission offers two key rec- compromise the liberties and freedoms Michigan, I understand the importance of ommendations for achieving this unity of Americans unless there is an abso- port security. Take a ship entering the U.S. of effort in sharing information. First, lute need to protect our lives and our waters that comes down the St. Lawrence Seaway. It comes into the Great Lakes. information procedures should provide security. What happens? Four agencies of the Fed- incentives for sharing to restore a bet- Guidelines must be issued. Require- eral Government collect information on that ter balance between security and ments satisfying governing the collec- ship. One agency determines whether the shared knowledge. Second, the Presi- tion, sharing, and use of information ship is carrying contraband. Another Federal dent should lead the Governmentwide have to be made known so that this agency checks whether the ship has paid its effort to bring the major national secu- will be an item that is followed very tariffs and fees. Another agency determines rity institutions into the information closely. whether the ship and its crew comply with revolution. Let me say what the network is not. immigration law. And another agency Describing what the network is is only checks for adherence to health and safety This is from the 9/11 Commission Re- regulations. One ship, four different Federal port: half of the issue. First and foremost, agencies. He should coordinate the resolution of the the network called for in this bill is Much of this information will end up in legal, policy and technical issues across the not a centralized, consolidated system separate data systems. One of those, a $1.3 September 30, 2004 CONGRESSIONAL RECORD — SENATE S10025 billion Customs Services project known as some of the best colleagues with whom (1) DEFINITION.—In this section, the term the automated commercial environment, is I have had the honor to serve. He ‘‘major party’’ has the meaning given that an import processing system. Another, the thinks about matters, focuses on a term under section 9002(6) of the Internal student exchange and visitor information problem, comes up with a solution, and Revenue Code of 1986. system, is being developed by the Bureau of he doesn’t let it go until he gets it (2) TRANSMITTAL.— Immigration and Customs Enforcement (A) IN GENERAL.—Not later than 15 days within Homeland Security. Other border pro- done. He saw a real problem here which after the date on which a major party nomi- tection is held on databases held by the others have seen but, frankly, have not nates a candidate for President, the Office of Coast Guard and by the Department of Agri- focused on or grabbed ahold of as Personnel Management shall transmit an culture. much, which is the woeful, outrageous, electronic record to that candidate on Presi- The Transportation Security Administra- infuriating inability, up until this dentially appointed positions. tion also will collect and hold relevant infor- time, of our Government to put the (B) OTHER CANDIDATES.—After making mation in its systems. Consider how many best information technology at the dis- transmittals under subparagraph (A), the Of- different agencies are concerned about the posal of those who are working to pro- fice of Personnel Management may transmit one ship that we might fear may be bringing tect us. an electronic record on Presidentially ap- the wrong people with the wrong cargo to The terrorists have figured this out. pointed positions to any other candidate for threaten the United States. President. We all know about the opportunities None of these information systems are de- (3) CONTENT.—The record transmitted signed to communicate with one another. for cyberterrorism. If you look at the under this subsection shall provide— How in the world can we assure the Amer- number of hits that are made on even (A) all positions which are appointed by ican people of their safety when we are ig- Defense Department sites, you can see the President, including the title and de- noring the most basic requirement—that the potential. We are beginning to have scription of the duties of each position; these agencies—both people and tech- a very good capacity to launch our own (B) the name of each person holding a posi- nology—work together and share informa- offensives here, but this is about some- tion described under subparagraph (A); tion? Don’t we want to make certain that thing else. This is just taking informa- (C) any vacancy in the positions described the FBI and the CIA had access to that infor- tion, which is a key to protecting our- under subparagraph (A), and the period of mation? In addition, the NSA, DoD, Depart- selves in the age of terrorism, and mov- time any such position has been vacant; ment of Defense, State Department, State (D) the date on which an appointment and local officials, all of them could benefit ing it quickly to the places it can do made after the applicable Presidential elec- by having access to that information. the most good. Talk about connecting tion for any position described under sub- Observation: The information sharing envi- the dots. paragraph (A) is necessary to ensure effec- ronment of the Network would facilitate full Anyway, Senator DURBIN is really tive operation of the Government; and and timely information access and exchange singlehandedly responsible for this sub- (E) any other information that the Office of the disparate information housed in each stantial title of the bill. I thank him of Personnel Management determines is use- of the data systems. The Network would very much for his contribution. It is ful in making appointments. allow information to remain where it is cre- part of why this bill is going to make (c) REDUCTION OF POSITIONS REQUIRING AP- ated, but using standards, guidelines, and a real difference in protecting the secu- POINTMENT WITH SENATE CONFIRMATION.— rules to be developed, make it share-able and (1) DEFINITION.—In this subsection, the accessible to authorized Network partici- rity of the American people. The PRESIDING OFFICER. The Sen- term ‘‘agency’’ means an Executive agency pants. as defined under section 105 of title 5, United ator from Maine. Mr. DURBIN. I yield the floor. States Code. The PRESIDING OFFICER. The Sen- AMENDMENT NO. 3823 (2) REDUCTION PLAN.— ator from Maine. Ms. COLLINS. I know Senator (A) IN GENERAL.—Not later than 180 days Ms. COLLINS. Mr. President, I thank CONRAD is waiting to have a colloquy after the date of enactment of this Act, the head of each agency shall submit a Presi- the Senator from Illinois for his ter- with the managers of the bill. I do have an amendment that I think I can dis- dential appointment reduction plan to— rific contributions to this bill. He was pose of very quickly. I ask unanimous (i) the President; the individual who brought to the com- consent that the pending amendment (ii) the Committee on Governmental Af- mittee’s attention the woefully defi- fairs of the Senate; and be set aside. On behalf of Senator cient information systems that have (iii) the Committee on Government Reform VOINOVICH, I send an amendment to the hindered the war against terrorism. of the House of Representatives. desk and ask for its immediate consid- I remember how shocked I was at our (B) CONTENT.—The plan under this para- eration. first hearing, when the Senator from graph shall provide for the reduction of— The PRESIDING OFFICER. Without (i) the number of positions within that Illinois described the FBI being unable objection, it is so ordered. The clerk agency that require an appointment by the to transmit pictures of the 9/11 terror- will report. President, by and with the advice and con- ists to its field offices. He also told us The assistant legislative clerk read sent of the Senate; and the FBI did not have the capacity to as follows: (ii) the number of levels of such positions within that agency. transmit fingerprints to the Border Pa- The Senator from Maine (Ms. COLLINS), for trol. Those underscored, in a way that Mr. VOINOVICH, proposes an amendment num- (d) OFFICE OF GOVERNMENT ETHICS REVIEW few have been able to do, the lack of an bered 3823. OF CONFLICT OF INTEREST LAW.— (1) IN GENERAL.—Not later than 180 days adequate, integrated communications Ms. COLLINS. I ask unanimous con- network within the Federal Govern- after the date of enactment of this Act, the sent that the reading of the amend- Director of the Office of Government Ethics, ment. ment be dispensed with. in consultation with the Attorney General of We worked very closely with the Sen- The PRESIDING OFFICER. Without the United States, shall conduct a com- ator from Illinois on this section of the objection, it is so ordered. prehensive review of conflict of interest laws bill. It incorporates his thoughts, his The amendment is as follows: relating to Federal employment and submit language, and it is his leadership that (Purpose: To improve the financial disclo- a report to— is behind those important provisions. sure process under the Ethics in Govern- (A) the President; So I salute him for being out in front ment Act of 1978) (B) the Committee on Governmental Af- on this issue and helping us come up At the appropriate place insert the fol- fairs of the Senate; lowing: (C) the Committee on the Judiciary of the with provisions that I think are going Senate; to make a real difference. SEC. ll. FINANCIAL DISCLOSURE AND RECORDS. (D) the Committee on Government Reform I salute and thank the Senator from (a) STUDY.—Not later than 180 days after of the House of Representatives; and Illinois. the date of enactment of this Act, the Office (E) the Committee on the Judiciary of the The PRESIDING OFFICER. The Sen- of Government Ethics shall submit to Con- House of Representatives. ator from Connecticut. gress a report— (2) CONTENT.—The report under this sub- Mr. LIEBERMAN. Mr. President, (1) evaluating the financial disclosure section shall— even I want to thank the Senator from process for employees of the executive (A) examine all Federal criminal conflict Illinois, a dear friend, a great col- branch of Government; and of interest laws relating to Federal employment, including the relevant provisions of league. He has made a very substantial (2) making recommendations for improving that process. chapter 11 of title 18, United States Code; contribution to this bill. (b) TRANSMITTAL OF RECORD RELATING TO and Senator DURBIN has a quality of serv- PRESIDENTIALLY APPOINTED POSITIONS TO (B) related civil conflict of interest laws, ice in the Senate that I have noted in PRESIDENTIAL CANDIDATES.— including regulations promulgated under S10026 CONGRESSIONAL RECORD — SENATE September 30, 2004 section 402 of the Ethics in Government Act 11 Commission made it very clear that With that said, I come to the floor to of 1978 (5 U.S.C. App.). a catastrophic attack might well be ask a series of questions. I want to in- Ms. COLLINS. Mr. President, I know more likely to occur during the transi- dicate that I have with me charts that the Presiding Officer has a great inter- tion from one administration to the were prepared by the office of Senator est in the issue that we are about to other. Therefore, the Commission rec- LIEBERMAN to talk about what the briefly discuss. The amendment of Sen- ommended that we should do anything structure currently is and what this ator VOINOVICH would require the Of- we could reasonably think of that legislation would do to change it and fice of Government Ethics to report to would speed up the process of filling to raise a number of concerns that I Congress on recommendations for national security positions in our Gov- have about that change. streamlining the financial disclosure ernment. First, I think we should indicate the forms for the executive branch. In addi- Earlier today, I am pleased to say, problem we are confronting with the tion, the amendment would require the Senate adopted an amendment that American intelligence community, each executive branch agency to exam- Senator MCCAIN and I and others intro- where there is a lack of coordination ine the number of positions requiring duced to accomplish some of those spe- and communication, which has been Senate confirmation. It would ask the cific recommendations of the 9/11 Com- clearly outlined in a series of hearings Office of Government Ethics to conduct mission. This amendment builds on and a series of reports, including the a comprehensive review of the Govern- that, goes beyond it, and makes the report by the 9/11 Commission, includ- ment’s conflict of interest laws, and it bill stronger by helping an incoming ing the report by the Intelligence Com- would require the Office of Personnel administration fill a wide range of its mittee, including the work of the very Management to provide Presidential appointive positions more promptly, in able chairman, the Senator from candidates with a list of all appointed some cases, doing what is just plain Maine, all that has been laid across the positions within 15 days of their party’s logical: requiring the OPM, Office of record very clearly. nomination. This amendment is based Personnel Management, to send infor- This chart from the office of Senator on legislation that was favorably re- mation to Presidential candidates 15 LIEBERMAN shows the organization of ported by the committee during the days after they are nominated; describ- the intelligence community as it is, last Congress. ing positions that must be filled in the with the President and the National The 9/11 Commission recommended new administration. This would not Security Council overseeing the var- that the Senate should not require con- only allow time to prepare it, it would ious agencies of Government, including firmation of appointees within the na- create a sense of optimism and fantasy the Director of Central Intelligence, tional security team below level 3 of in the minds of candidates nominated the Secretary of Defense, but has with- the executive schedule. The Voinovich as to what they would do when they in it the National Security Agency, the amendment lays the groundwork for were elected. The amendment also National Geospacial-Intelligence Agen- this recommendation by requiring the calls for reports that will help us and cy, the National Reconnaissance Office, executive branch to identify which po- the President to consider ways to fur- the Defense Intelligence Agency, and sitions could be eliminated from the ther improve and streamline the proc- the Military Services and Combatant confirmation process. ess of getting officials appointed and Commands. The large majority of the Review of that information by all put into place. funding of the intelligence community Senate committees will help those of It is a very good amendment. It is in the Department of Defense. us in the Senate make a more informed builds on some substantial contribu- I think maybe that is too little un- and thoughtful decision on reducing tions Senator VOINOVICH made to the derstood by the general public. But specific positions that now require con- bill in committee. I am pleased to urge that is fact. The large majority of the firmation. its adoption. funding is not at the Central Intel- The financial disclosure require- The PRESIDING OFFICER. Is there ligence Agency. I think people in the ments have been in effect for almost 25 further debate on the amendment? United States probably assume that is years. Unfortunately, in some cases, If there is no further debate, without the case; it is not. The vast majority of they have deterred very good people objection the amendment is agreed to. the funding for intelligence operations from serving in the Federal Govern- The amendment (No. 3823) was agreed is within the Department of Defense. ment. I hope this will lead to more ef- to. Other agencies that have a signifi- fective, more efficient, and simpler re- Ms. COLLINS. Mr. President, I move cant role, of course, are the Attorney quirements so it no longer will deter to reconsider the vote. General’s office, because he oversees potential nominees from serving, or Mr. LIEBERMAN. I move to lay that the FBI, and the FBI has responsibility force them to go through great expense motion on the table. for intelligence operations within the in order to comply with overly burden- The motion to lay on the table was United States. some laws and regulations. agreed to. Then we have the Secretary of Home- Again, this proposal is very con- Mr. CONRAD. Mr. President, I come land Security within which we have sistent with the recommendations to the floor to ask a number of ques- the Information, Analysis and Infra- made by the 9/11 Commission and I tions of my colleagues who are man- structure Protection Director and the urge acceptance of the amendment. aging the bill. I have very high regard Coast Guard intelligence. The Sec- The PRESIDING OFFICER. The Sen- for the chairperson, Senator COLLINS. I retary of State has the Bureau of Intel- ator from Connecticut. have worked with her on other matters ligence and Research, and the Sec- Mr. LIEBERMAN. Mr. President, I and found that she is an extremely able retary of Treasury has an intelligence am pleased to join the chairman of our and diligent Member. I admire the way branch, as does the Secretary of En- committee in urging acceptance of this she has handled this legislation. I have ergy. amendment. I thank Senator watched the process as it went through The problem with this structure, VOINOVICH and the occupant of the the committee. I am not on the com- which has been pointed out repeatedly, chair, the distinguished Senator from mittee but I watched as it was being is that these are a series of stovepipes, Tennessee, for their work on this issue. televised. I thought it was a very pro- basically leading only to the White This is a topic we have been talking fessional process. House. There is nobody that is in over- about in the Congress for a long time. I also have very high regard for the all coordination and direction of these The occupant of the chair, having been Senator from Connecticut, Mr. various intelligence agencies. And the vetted, considered, and confirmed for a LIEBERMAN. I am not on the relevant idea has been to have a national intel- Cabinet position in the past, knows the committees. I am not on the Intel- ligence director that would have re- difficulties he and others have faced in ligence Committee. I am not on the De- sponsibility to coordinate and commu- fulfilling all those obligations, well be- fense Committee. I am on the Budget nicate with respect to these various yond what most would deem to be rea- Committee and the Finance Committee agencies. sonable. and deal with these issues from a budg- So the proposal before us is to create What motivates this now is an extra et point of view and financing point of a national intelligence director with dimension of concern. The September view. these other various agencies already September 30, 2004 CONGRESSIONAL RECORD — SENATE S10027 existing reporting to the national in- CIA would have information and not declaration of war by us and the Amer- telligence director, so there is someone share it with the Immigration and Nat- ican intelligence community against in a position to coordinate and ulti- uralization Service about people they al-Qaida, a war on terrorism. And no mately communicate what intelligence would want to keep out of the country, one responded. No one did anything be- agencies are finding. or the FBI would have information and cause he is a general without author- Let me just say that I thought that not share it with the CIA. ity. what was going to happen with the na- The result was we are athletes—a It is the old biblical line, at the tional intelligence director is that homelier analogy—that the American sound of the trumpet, be uncertain who funds were going to be brought to- intelligence community is like a foot- will follow into battle and, unfortu- gether and we would not have the con- ball team with a lot of very good play- nately, here, one of the elements of a tinuing existence of all of these other ers but no quarterback. So they are certain trumpet in the Washington bu- agencies. kind of doing their own thing; some of reaucracy is money, budget authority. That is really what I want to ask the them sometimes seem to be in another So no one did anything. managers about. The concern that I stadium and we are not getting the When the Commission asked one of have is if we have a failure of commu- benefit of the billions of dollars that the heads of the boxes on the chart, nication and coordination, especially we are investing. Why didn’t you respond to George between the FBI and the CIA, how does The Commission recommended that Tenet, he said, We didn’t think we had adding another entity, how does adding we put someone in charge as a national to; we thought that was a memo. Separate CIA from the Director so he another player improve the chances for intelligence director. is not responsible only for that agency Right now, the President is at the coordination and communication? but everyone in the community, with Let me say that I was trained in busi- top on the chart. The President can’t the budget authority to enforce deci- exercise day-to-day control over the in- ness management. My career before I sions, with transfer authority for per- telligence community. came here was to manage organiza- sonnel within the intelligence commu- Incidentally, this was the report of tions. My experience has been the more nity and, one of the most important, the 9/11 Commission. Most imme- layers, the less communication, the form the budget. Do not let other agen- more inefficient the communication. diately, it was essentially the rec- cies do it. Actually do the budget. When this was first outlined and I ommendation of the Joint Intelligence The Senator from North Dakota is found out that the CIA is still going to Committee of the Congress, and in the one of the Senate’s experts on budg- exist, I must say I was taken aback. I recent past created a national intel- eting, one who worries most about was surprised by that. I thought the ligence director. The Scowcroft re- whether we are getting taxpayers their Central Intelligence Agency would be- port—though we have not seen it—ev- money’s worth. Billions of dollars—it come the new intelligence, with a new erybody knows that it says there has is a classified number, so I cannot state national intelligence director. There- to be a national intelligence director. it—but billions go into intelligence fore, we wouldn’t be adding another In fact, these recommendations go way every year. player to the mix, but we would be put- back to 1947 when the National Secu- One of my hopes, because we do not ting somebody in a position of author- rity Act was passed post-Second World talk about it much, we talk about con- ity so that we could hold them ac- War and the CIA was officially created. necting the dot, the national intel- countable. Here is part of the problem. This is ligence director will, one, be a tough The concern I have is instead of that, part of what I want to answer about budget official; two, make sure we get we have maintained a Central Intel- the question. our money’s worth; and third, more ligence Agency and all of the other in- Part of the problem that all of these budget authority and oversight over telligence agencies we had before, and groups found was that the Director of the constituents. And, too, maybe de- added a national intelligence director. Central Intelligence—as that position cide this box under me is getting more The fundamental concern I have and exists today, which was the same per- money in terms of the current threat the question I have is, Why has the son as the Director of the Central In- to America than it should, but this one committee concluded that this is the telligence Agency—effectively became is not getting enough; I have to move right way to proceed? Why wouldn’t it only the Director of the Central Intel- this money around. be better by joining the function, re- ligence Agency. That is part of why no- One more point. A critical element ducing the number of players, reducing body was really directly overhead. under the national intelligence direc- the number of boxes on the organiza- As we can see in the first chart, the tor to help him or her connect the dots tional chart, instead of adding a layer? director of the Central Intelligence is the National Counterterrorist Cen- I would be quick to say I think you Agency is over the CIA. The major rec- ter. The other centers he can create for need to have a national intelligence di- ommendation was we have to separate separate problems such as nuclear pro- rector, somebody who is in overall co- those two, have a separate CIA Direc- liferation or separate geographic public ordination and control because before tor, and then the national intelligence areas like Iran and North Korea. This we did not have that. director who will be over all those is the place where he will bring to- That is really the question I came to stovepipes. gether as never before all the con- the floor this afternoon to query the How will he or she break them up? stituent parts of the intelligence com- chairman and ranking member about. Two things. First, and this goes on munity. They will sit down. He can I would be happy to yield so they from Colin Powell and others, we said transfer people to those centers. He can might respond. the existing DCI was supposed to over- give them assignments. Most of all, he Mr. LIEBERMAN. Mr. President, I see the whole intelligence operation. can make sure they will pool their col- thank the Senator from North Dakota We gave them some power but did not lection of intelligence, their analysis of for his questions. I want to assure him, get them budget power. As my friend intelligence and, very importantly, first, there will be no rental charges for from North Dakota said, 80 percent of since they are around the table—they the charts that were a joint product of the budget for intelligence goes are talking with one another, they see Senator COLLINS’s and my office. through the Department of Defense. the problem, they have an idea from To very briefly give the background, In an episode that Senator COLLINS the best intelligence, signal intel- most immediately from the 9/11 Com- and I were struck by in the 9/11 report, ligence, imagery from the satellites we mission Report, when we said here re- Director of Central Intelligence George have, human intelligence from people peatedly, and Lee Hamilton said during Tenet, in 1998, after a series of al-Qaida on the ground—they will do some joint the course of our hearings during the attacks, sends out a directive—then operational planning as to how to deal investigation about how 9/11 happened, classified, now public—to the agencies with the problem. How do we get bin the Commissioners very often would under him and says, war has been de- Laden? Or if there is a terrorist cell in say, Who is in charge? The answer clared against us by these terrorists: America, what is the best way to pool more often than not was: No one. They They hit the World Trade Center in our resources to get them? We put concluded it was an organization with- 1993 with the bomb, they went after the somebody in charge and we give them out a head. That explained why the embassies in Africa, et cetera. This is a real authority. S10028 CONGRESSIONAL RECORD — SENATE September 30, 2004 Incidentally, there will be amend- organizations that initiative and power background. He expressed great con- ments introduced, or already have follows money. If there is at the top a cern, and I think it is a concern that been, that will come to a vote in the relatively weak national intelligence absolutely deserves full consideration. next 2 or 3 days aimed at cutting away director, with most of the functions His great concern, as I heard it the at that power. I say, with all respect, and resources in a subordinate agency, other day in our briefing, was that he probably folks worried about the De- that creates its own management chal- is going to have a separation of respon- partment of Defense losing some au- lenges. sibility from authority; that is, re- thority—Senator COLLINS and I are I am interested to know what the sources that are currently under his both on the Armed Services Com- concept is with respect to budget au- control and direction are going to mittee. We have a deep commitment to thority. Who will have that overall au- move up the line to the national intel- the warfighters. We are confident this thority over resources? ligence director. He and the structure will actually give better in- Mr. LIEBERMAN. I thank the Sen- warfighters have a fundamental re- telligence to the warfighters. ator from North Dakota. He is abso- sponsibility and need for intelligence. That is my answer to your question. lutely right in his statement. He is concerned, with the separation of Mr. CONRAD. Might I ask a followup We heard from witness after witness these resources—as the Senator de- question, because the Senator ref- in our committee’s deliberations in Au- scribes, much of the budget moving erenced these earlier reports going all gust and into September that probably from the Department of Defense level the way back from 50 years ago. I fully worse than the status quo—which is up to the national intelligence direc- support the concept of a national intel- bad, without leadership—would be to tor—that he not be shortchanged and ligence director. My concern is how we create a national intelligence director that his combatant commanders not be are implementing it. Did the earlier re- and not give him the power to direct. shortchanged of the resources they ports, including the most recent from This may be an old quote my friend is need to make tactical and strategic de- the Intelligence Committees, from the familiar with, but former CIA Director cisions. 9/11 Commission, contemplate with the Jim Woolsey said: In Washington, This is my final question: What is the creation of a national intelligence di- there is a different definition of the response of the leadership of the com- rector we would still have a Central In- golden rule. He who has the gold makes mittee to his concerns? telligence Agency? the rules. Mr. LIEBERMAN. I thank the Sen- Mr. LIEBERMAN. They did. Inter- We are making sure the national in- ator from North Dakota. esting question. As a matter of fact, telligence director has the gold, which Mr. President, I will begin, and if the this was a real priority for the 9/11 is to say the budget authority, both to Senator from Maine wants to get into Commission, that we separate the CIA formulate the budget for this entire this, I would welcome her doing so. from the national intelligence director. community of national intelligence— First, I would say, again, Senator The point is that the CIA is only one the so-called tactical military intel- COLLINS and I are members of the element of the remarkable assets we ligence budget—that stays with the De- Armed Services Committee of the Sen- have in our intelligence community, partment of Defense. ate. If we felt there was the remotest including the so-called signal intel- But while I cannot say the specific possibility this proposal of ours would ligence, the imagery from the sat- percentage, I will tell you under our shortchange the warfighters, we would ellites we have, the work coordinating proposal—again this is classified, but not make it. And believe me, it does domestic and foreign. Because the ter- well over 50 percent of the budget au- not. rorists do not separate between domes- thority will now go from the Depart- A couple things to say: First, we tic and foreign, now for the FBI it is ment of Defense to the national intel- make a distinction in this bill between made statutory under the bill creating ligence director. So that position will the tactical military budget on one a new directorate of intelligence, have that budget authority in two hand and the national intelligence counterterrorism, working with the ways. The first is to formulate the budget on the other. The tactical mili- CIA under the national intelligence di- budget. Again, this is a very important tary budget—intelligence officials who rector. So the answer is yes. colloquy because we are going to see are working for individual services; In fact, my understanding of the some amendments that are intended to Army, Navy, combatant commanders original proposal for the National Se- reduce the authority of the national in- working on joint programs within the curity Act post-World War II was there telligence director over budget to say military for more than one service— be a separate national intelligence di- he basically has to accept the budget that money all stays with the Depart- rector overlooking a whole community proposals of the constituent agencies. ment of Defense. But the national in- and a separate CIA. Folks in the mili- That is not so in our bill. telligence assets, which are used, let’s tary community were able to blend the The second very important point: say, for satellites—which are clearly two and diminish—here in Congress we Right now the budget for the intel- used by the military but also provide were worried about this—and diminish ligence agencies goes to the Depart- information that is critically impor- and separate the power of the DCI. We ment of Defense. Even for the CIA it tant for the Department of Homeland look back now, and the 9/11 Commis- goes to the Department of Defense, Security or the State Department in sion certainly did, and say that was then to the CIA. In our proposal, the advising the President on critical for- part of the problem. They created the money goes to the national intel- eign policy decisions—that is under the vulnerabilities and weaknesses and ligence director and then that position national intelligence director, as it openings the terrorists took advantage parcels it out to the others. should be. of on September 11. Mr. CONRAD. Might I just conclude The fact is, a lot of this is worked Mr. CONRAD. One additional ques- on that point, and then I am finished. out in a consulting, consensus way. But tion, if I could, on the budget authority I know there are other Senators wait- we want to just raise that national in- inherent in this plan. I indicated the ing. I waited to have this opportunity terest here. The military will always vast majority of resources actually go because I think this is very important. be a priority customer of the intel- to the Department of Defense and the These are questions I am getting. ligence community, but it is not the various intelligence operations within Mr. LIEBERMAN. Sure. only customer. The President of the the Department of Defense. The Sen- Mr. CONRAD. In my position on the United States is the most important ator from Connecticut indicated it was Budget Committee, people are asking recipient of intelligence. The Secretary as much as 80 percent. me, how is this money going to be con- of State is very important; now the In terms of management of an oper- trolled? People are given responsi- Secretary of Homeland Security. ation, are we going to be left with a bility. Do they have authority? I believe we have struck exactly a circumstance in which 80 percent of the The final question I have with re- balance here in making sure the funding is at the Department of De- spect to the Department of Defense is, warfighter is well supported. We had fense? And if so, how do we avoid a cir- we heard the other day from the Sec- very interesting testimony, which I cumstance in which the tail is wagging retary of Defense, Secretary Rumsfeld, can share with my friend, from two the dog? That is, typically one finds in who has a very strong management generals who are heads of two of the September 30, 2004 CONGRESSIONAL RECORD — SENATE S10029 constituent national intelligence agen- We have seen that with the Depart- wanted to express these concerns pub- cies. They said to us they believe this ment of Homeland Security. That has licly. I wanted to raise these issues and proposal establishing a national intel- been a massive undertaking. I am very have a chance for the managers to fully ligence director would be an improve- proud of the leadership of Secretary respond. ment and be an improvement from the Ridge and Admiral Loy, but it has not I very much thank the chairman and point of view of their agencies because been without its growing pains. We just the Senator from Connecticut. it ended the ambiguity that exists now could not afford that kind of disruption Ms. COLLINS. I thank the Senator which they think is not good for their right now. from North Dakota. agencies and ultimately not good for Third would be the reaction of DOD if Mr. CONRAD. I yield the floor. the military. we took all of those entities out and The PRESIDING OFFICER (Mr. I wonder if the Senator from Maine put them in a new department. There CRAPO). The Senator from Maine. wants to get into this and answer some was testimony of a former head of the Ms. COLLINS. Mr. President, I know of the very good questions my friend Defense Intelligence Agency at a hear- Members are eager for us to vote on from North Dakota has asked. ing on the House side in August. He Senator LAUTENBERG’s amendment, The PRESIDING OFFICER. The Sen- said if you pulled those agencies, like which I believe is the pending amend- ator from Maine. the National Security Agency, the ment. I hope to conclude the debate on Ms. COLLINS. Mr. President, first of DIA, the NGA, the NRO—those that that shortly and move to table his all, I thank the Senator from North serve DOD and other consumers—if you amendment. Senator STEVENS is in the Dakota for the thought he has given to pulled them out, you would see DOD Chamber and would like to lay down a this issue. I know he has a great inter- re-creating within the Department new couple of amendments. I will delay the est in management structures, in mak- entities to replace those if you severed debate on the Lautenberg amendment ing sure we have the most efficient that link and transferred them. To until after Senator STEVENS. structure possible to serve the tax- quote William Odom, ‘‘You’re just I ask unanimous consent that the payers. So I very much appreciate the going to end up with a big mess’’ if you pending amendment be set aside so spirit with which he has raised these do that. That is why we came up with Senator STEVENS may offer his amend- questions. this structure. ment. I want to make three concluding Mr. CONRAD. The last reference of The PRESIDING OFFICER. Without points to emphasize some of the points winding up ‘‘with a big mess,’’ whose objection, it is so ordered. already made by my colleague from quote is that? The Senator from Alaska. Connecticut. Ms. COLLINS. William Odom, who is AMENDMENT NO. 3839 First, it was evident as we studied a former head of DIA. So we felt the (Purpose: To strike section 201, relating to this issue and read the 9/11 Commission case was very persuasive for the kind public disclosure of intelligence funding) Report that the current system does of organizational structure we came up Mr. STEVENS. Mr. President, I have not foster the kind of communication with. That was recommended by the 9/ filed a series of amendments. I would and cooperation we desperately need. It 11 Commission. like to address the one on disclosure of is a series of stovepipes with no one Having said that, I am sure it is not intelligence funding. having the ability to make the final perfect. I am sure we are going to learn The PRESIDING OFFICER. The decisions, to resolve conflicts, to move from it. That is why we have reports clerk will report. resources and people where they are required back to Congress after a The assistant legislative clerk read most needed. You cannot go to the year’s time and by the General Ac- as follows: President of the United States on ev- counting Office Accountability Office The Senator from Alaska [Mr. STEVENS], erything. in 2 year’s time, because we want to for himself, Mr. WARNER, and Mr. INOUYE, I have seen that firsthand in the proposes an amendment numbered 3839. make sure we get this right. On page 115, strike line 13 and all that fol- staffing of the Terrorist Threat Inte- I think we have struck the right bal- lows through page 116, line 23. gration Center where the Director feels ance in the organizational structure we Mr. STEVENS. Mr. President, I di- he needs more resources, other deci- propose. rect the attention of the Senate to sions have been made by various agen- Mr. CONRAD. Let me conclude on page 115. This is title II. It pertains to cy heads, and there is no one to step in this note: The thing I am most con- the amounts to be disclosed. It deals and set the priorities, move the people, cerned about is having an entirely sep- with amounts authorized and appro- and direct the resources. I think our arate Central Intelligence Agency and priated in each fiscal year. bill really changes that. an office of national intelligence direc- My amendment follows the rec- Like Senator LIEBERMAN, I was tor. The thing that I have a difficult ommendation of the administration struck by Director Tenet’s 12/98 memo time understanding is how that is not and, I might add, the intelligence com- in which he does this call to be at war going to create its own turf battles, its munity to think twice before we do and that all resources should be mar- own communications problems. I hope this. It may be that we will want to do shaled, and virtually nothing hap- I am proved wrong by this, but it is the this after the NID comes into being and pened. That will change under our one thing I looked at and I was sur- we all have a better knowledge of how structure. There will be accountability prised by and, I must say, I wondered these funds are going to be handled. under our structure because people will about. This amendment would require a fur- know who is in charge and whose call I read the reports on the difficulties ther study of the disclosure of funds it is, and that is the national intel- we had with the coordination between that are provided for intelligence pro- ligence director. Our organization en- the CIA and the FBI and their turf bat- grams. The basic need for this amend- hances accountability, cooperation, co- tles and their unwillingness to share ment rests on the testimony of the ordination, communication, and, most information. When we preserve the Acting Director of Central Intelligence of all, results. Central Intelligence Agency and create John McLaughlin before the Govern- Second, the 9/11 Commission consid- an office of national intelligence direc- mental Affairs Committee. He said: ered doing the kind of structure you tor and we still have, of course, the I would not go so far as to declassify the have raised questions about. Essen- FBI’s Office of Intelligence, I wonder numbers for the individual agencies. I think tially, that would be creating a depart- whether we don’t wind up with more that gives too much opportunity for adver- ment of intelligence. You would take turf battles. I know the intention is to saries to understand how we are moving our all of these units out of the other agen- avoid that and to appropriately create money from year to year from technical pro- cies and do a brandnew department. a place that will coordinate all the grams to human source collection and to And it felt—and I agree—that would be work of the intelligence community. other objectives. too disruptive, particularly at a time My great management concern is In the administration’s statement of when we are at war; that it would be that we will wind up with additional policy, the administration is also con- expensive, it would be complicated, it turf battles. I hope that is not the case. cerned that the committee bill man- would take a long time to put into ef- I am glad the reviews are built in be- dates disclosure of sensitive informa- fect. cause I think that is important. I tion about the intelligence budget. The S10030 CONGRESSIONAL RECORD — SENATE September 30, 2004 legislation should not compel disclo- time when there is great change in the are going to disclose so we can main- sure, including to the Nation’s enemies intelligence community. The whole tain the secrecy that is required in in war, of the amounts requested by structure of the intelligence commu- order to prepare for the future. This is the President and the amounts pro- nity will be changed by this bill. To not something to correct mistakes of vided for the conduct of the Nation’s start disclosing where money is going the past; this is something to prevent intelligence activities. is to tell the enemies of this country making mistakes in the future. I understand that the committee in- where our emphasis for the future is. It The PRESIDING OFFICER. The Sen- tends to comply with the recommenda- is the future I am concerned about in ator from Maine is recognized. tions of the 9/11 Commission with re- terms of disclosure. Ms. COLLINS. Mr. President, I have gard to this. But I think it is time we In the future we set up reserve ac- enormous respect for the Senator from slow down a little bit and respond at counts, and I will be talking about Alaska. He is an extraordinary Sen- least in part to some of the comments some of those soon. But if we set up re- ator, with many years of experience. I of those people who have spent their serve accounts, the reserves are classi- do want to assure the Senator from lifetimes now in our intelligence serv- fied as reserves because that is where Alaska that, contrary to the implica- ice. they get the money for innovation and tion in his statement, the committee I can tell you that I have not spent new developments. We don’t have to did not adopt the recommendation of my whole lifetime there, but I have disclose it. We don’t have to tell them: the 9/11 Commission to declassify the spent some 30 years now in terms of Yes, we are going to build new sat- aggregate budget totals of all the agen- watching over the Defense Appropria- ellites or we are going to build other cies that make up the national intel- tions Committee and being part of it at devices that can listen to trans- ligence program. We did not adopt that least. In terms of being chairman and missions in the air and on the land and recommendation of the 9/11 Commis- ranking member, it has been now 23 under sea. sion because, based on our hearings and years. This concerns me greatly be- We have a lot of secrets in this coun- the testimony of our witnesses, we con- cause one of the problems of the appro- try. They are all related to intel- cluded that that goes too far and might priators is to find ways to have an hon- ligence. Let me repeat that. Every one well reveal information that would be est budget but to put the money where of our secrets is related to intelligence. helpful to those who would do us harm. the enemies of this country, those who They are highly classified. Many of The only declassification in the Col- want to do us harm, do not know what them are known only to the President lins-Lieberman bill is the top line ag- our emphasis is way out into the fu- and a close circle. Part of that circle gregate amount for the entire national ture. includes Members of Congress who deal intelligence program. It does not de- I remember when we started with the very high-level, classified pro- classify the specific appropriations transitioning to electronic intelligence grams of the intelligence services. amount distributed to agencies such as and how we traveled from place to I urge that the Senate listen to us the National Security Agency, or the place to look at these new satellites and listen to the administration and to Defense Intelligence Agency, or the and the things they were going to do those who have been involved in these CIA, even though the 9/11 Commission and got briefings on capacities. Those activities. Again, I call to the atten- recommended declassification at that were developed over a series of years, tion of the Senate that when we re- level. Declassification, the top line, only and they got more complicated as they turned and found there were a whole that aggregate figure which has been went along. But the money that was in- series of people who had not been heard estimated in the newspapers many, volved was substantial. on their viewpoints—they wanted to many times, I believe, will improve To have a disclosure of ‘‘we are en- express their concerns—we held a hear- congressional and public oversight of gaging in an entirely new effort in in- ing and listened to the intelligence the intelligence budget. It will help us telligence’’ would be highly unwise. people, who had great, distinguished with better decisionmaking on re- I quote from the second page of the records in the past. We listened to Sec- source distribution, and it will make administration statement: retary Kissinger and a whole series of the structure and the management of The Administration is also concerned that people who wore our uniform and have the intelligence community more the Committee bill mandates disclosure of been the top officers of our military. sensitive information about the intelligence transparent. To a person, they do not believe we We asked our witnesses, including budget. The legislation should not compel should move this fast on this disclosure disclosure, including to the Nation’s enemies the Acting Director of the CIA, John in war, of the amounts requested by the item. McLaughlin, his views. And he, like President, and provided by the Congress, for Let us have the study. We are en- most of our other expert witnesses, the conduct of the Nation’s intelligence ac- tirely in favor of the study. But to told us that as long as the specifics of tivities. mandate the disclosure in the bill we the intelligence budget remain classi- I am deeply concerned about some of will prepare in 2005, I think, is much fied, there was no harm to national se- the problems of how we find a way to too early, in view of the changes tak- curity to declassify just that top line maintain the secrets of this country ing place in the area of intelligence. aggregate amount. with regard to what we are doing in This is where we are going to start to I think we struck the right balance terms of human intelligence. We are see if there is any reaction to those in this regard. What we did is we in- building up human intelligence at the who have had experience in the area, to cluded a study asking the national in- same time as we are changing the utili- the President, and to those who have telligence director to report back to zation of the electronic concept of in- reviewed the whole thing. Is the Senate us—to the Congress—on whether fur- telligence. And while I believe the time going to listen to these people with ther declassification was appropriate. may come when we can find a way to some experience and say, OK, let’s But the only step we took was that top disclose certain portions of the budget, study it, but not make the judgment line aggregate amount. If you don’t de- I have a real resistance to this proposal first and then study it? classify that in order to have a sepa- that says: This disclosure in the next fiscal year rate appropriation, then you end up, I Congress shall disclose . . . for each fiscal is wrong, until we know what the poli- fear, with the status quo—the money year after fiscal year 2005 the aggregate cies of the NID are and what are going going through DOD accounts once amount of funds authorized to be appro- to be the policies of Congress and how again. That greatly weakens the budg- priated, and the aggregate amount of funds we are going to handle this appropria- et authority of the national intel- appropriated by Congress for such fiscal year tion. It appears to me that the result of ligence director. for the National Intelligence Program. this bill will be to fractionalize the in- Again, I have enormous respect for Then it directs the study of disclo- telligence appropriation, anyway. Part the Senator from Alaska. I wanted to sure of additional information. We are of it is going to go to the Department make clear what our bill does and what certainly not opposed to the study. It of Defense; part will be split up into it doesn’t do, because I think we have is the mandate beginning in 2005. We several agencies within the NID. reached the right decision. are going to start, for the fiscal year I think we ought to know first what Mr. STEVENS. Will the chairman 2006, disclosing these amounts at a we are doing before we decide what we yield for a question? September 30, 2004 CONGRESSIONAL RECORD — SENATE S10031 Ms. COLLINS. Yes. amount of funds appropriated, by Congress all and for each individual agency. I Mr. STEVENS. I am looking at the for each fiscal year for each element of the was surprised at the answers I got. I bill. The bill says the President shall intelligence community. think maybe more Members of Con- disclose to the public for each fiscal Both authorized and appropriated. gress should ask those questions. year after fiscal year 2005 the aggre- That is on page 116, line 9. But this is what I think we do gate amount of funds authorized and Ms. COLLINS. Mr. President, I say achieve by having the bottom line dis- appropriated for the national intel- respectfully to the Senator from Alas- closed. We are fulfilling a responsi- ligence program. Then I go back to the ka that that refers to the study on bility to the taxpayers to let them page 6 for the definition of national in- whether there should be further declas- know how much money we are spend- telligence programs. It says: sification. It does not refer to the dis- ing on intelligence because it is just Refers to all national intelligence pro- closure. The disclosure is only—and it the bottom line, without giving any grams, projects, and activities of the ele- is very clearly stated—of the aggregate particular guidance to our enemies as ments of the intelligence community; amount of the appropriations for the to where we are putting that money. Includes all programs, projects, and activi- national intelligence program. ties (whether or not pertaining to national The second point is, one result of this intelligence) of the National Intelligence Au- The PRESIDING OFFICER. The Sen- might be when more Members of Con- thority, the Central Intelligence Agency, the ator from Connecticut. gress and the public see what we are National Security Agency, the National Mr. LIEBERMAN. Mr. President, this spending on intelligence, which is so Geospatial-Intelligence Agency, the National is a very important discussion about critical in the war on terrorism—intel- Reconnaissance Office, the Office of Intel- another critical part of this bill. Obvi- ligence is always critical in warfare ligence of the Federal Bureau of Investiga- ously, the Senator from Alaska has had and even more critical today because tion, and the Office of Information Analysis an extraordinary record of leadership of the Department of Homeland Security. of the nature of this enemy which in this and so many areas of the Sen- strikes at undefended targets, innocent That involves five different bills in ate. He knows the subject matter. He civilians, and is crazy enough to blow the appropriations process. We cur- has lived with it a long time. I under- themselves up. rently put in any one of those five bills stand what we are proposing represents So the more we can see and hear and a portion of the clandestine activities change. He is quite sincerely concerned know what they are planning, the more we are financing with these moneys. So about it from the point of view of our likely we are going to be able to stop what you are going to tell us is, we no national security interests. them. longer can use any portion of those be- I most of all want to assure him we One conclusion, I say to my friend cause we are going to disclose the spent a lot of time thinking about this. from Alaska, might be that Members of whole amount in every one of those We did not just go for the 9/11 Commis- Congress and the public might con- bills. sion recommendation. The 9/11 Com- Listen to me. You have not lived clude we are not spending enough on mission recommended that we disclose with how we have financed the intel- intelligence if they see the bottom not only the bottom line of the na- ligence community. The money is not line. tional intelligence budget but, in fact, disclosed. It is put in parts of the budg- Mr. STEVENS. Will the Senator the budget of every single agency. et and you don’t know where it is. It yield? Their argument, as I am sure the Mr. LIEBERMAN. Yes. rests with Senator INOUYE and me, to Senator from Alaska knows, was that, be honest about it, and we make sure Mr. STEVENS. The problem is not one, the public has a right to know. Of that is what it is. Maybe four people in that, from my point of view. My prob- course, we have to balance it—what we the House and Senate know where this lem is we are going through a transi- disclose to our enemies—against na- is. You are telling us to disclose it, tion and saying for the very first year tional security, but if the budgets of without regard to where we put that we are going to be asked to disclose the those constituent agencies were out in money—disclose the money that is in full amounts appropriated to the whole the public, then maybe over the years each account and it goes into five sepa- intelligence community. the public and more Members of Con- My amendment strikes all of section rate bills. I say that is wrong. Wait gress might have decided we were not 201, in effect. I urge, at the very least, until the NID comes into office and putting enough money into human in- that we strike that provision that re- have him tell us how we can disclose telligence, CIA, et cetera, and that we quires disclosure in 2005. Let’s have the what should be disclosed to the public. were putting too much into signal in- study. I hope the NID will be able to The public should not ask us to dis- telligence and that we would not have make studies and get back to us some- close this very classified, secret infor- had the shortfall many people think we time next year. But why put on us the mation to protect the future of the have now. requirement that we must collate and country through clandestine activities In our committee, Senator COLLINS take all the moneys going to the intel- and acquisitions. and I decided we were not ready to I ask the question, does the Senator ligence community in 2006 when we are make that leap of disclosing the budg- understand what her bill does? It will going to be working on that and, at the ets of the 15 constituent agencies of the disclose the aggregate amount of same time, he is making his adjust- intelligence community because we funds—disclose them all, including the ments in the whole community? thought there was some risk involved very, very top secret items, which My effort is to protect the clandes- about signaling the movement of our probably three or four people in the tine amounts, protect the amounts resources to those who wish us ill. White House, a few people in the CIA, that are necessary for security. Why Incidentally, there were some mem- or the DIA, and maybe eight people in can we not at least agree to make it bers of the Commission who felt very the Congress would know. just the study? We all agree on the Ms. COLLINS. Mr. President, I direct strongly about the disclosure of the study. Maybe the Commission is right, the attention of the Senator from Alas- budgets of all the agencies, including and the Senator from Connecticut is ka to line 16 on page 115, which clearly some former Members of this Chamber wrong and I am wrong. Why don’t we says that: who really feel this was at the heart of have the study and find out what the it. We did not think so, and that is why The President shall disclose to the public NID people think is right and then let for each fiscal year after fiscal year 2005 the we called for the study. us act on 2006? aggregate amount of appropriations re- We think we have, however, achieved Mr. LIEBERMAN. Mr. President, I quested . . . for the National Intelligence something for asking for the disclosure say to my friend from Alaska, it is im- Program. of the bottom line because at least that possible that he and I can both be It does not say that we are requiring tells the taxpayers and all the Mem- wrong. disclosure of the appropriations for the bers of Congress how much money we Mr. STEVENS. We have been there elements that make up the national in- are spending for intelligence. before. telligence program. In the course of this investigation, I Mr. LIEBERMAN. We have been Mr. STEVENS. It says: asked some specific questions, obvi- there before. The aggregate amount of funds authorized ously in closed settings, about the Listen, because of who you are and to be appropriated, and the aggregate amount of money we are spending over- what you stand for, Senator COLLINS S10032 CONGRESSIONAL RECORD — SENATE September 30, 2004 and I will certainly think about this. Senator from Connecticut. I suggest we tions, because that is not true. We do We think we have struck a good bal- put this aside and see if we can come to not disclose the amount we appropriate ance in just asking for disclosure of the some conclusion. for defense intelligence. We disclose bottom line, no details, beginning pub- The Senator makes a good suggestion the amount in the budget that we sup- lic consideration of what we are spend- of putting a time limit on the study port defense intelligence agencies with ing on intelligence, and this study we and getting us to the point where we pay, facilities, and offices, but the ask for in 180 days, 6 months, and then might be able to follow this suggestion amounts of their programs are not dis- we can make some judgments beyond by the fiscal year 2006 bill. That bill closed. that. will, in all probability, move through What I am saying to the Senator is, I yield the floor. I thank the Senator. the Congress, I would say, by the May, as we approach this, I think there is a This is an important discussion. June, and July timeframe. With the 180 growing desire to know how much The PRESIDING OFFICER. The Sen- days, I am afraid the Senator may be money we are spending. The Senator ator from Virginia. referring to the start of the fiscal year. may be right. Maybe people want us to Mr. WARNER. Mr. President, I be- That bill goes through the House and spend more. I have wanted to spend lieve I am a cosponsor of the amend- Senate. These are the first bills—De- more for a long time. ment. fense and Homeland Security, and In- Mr. LIEBERMAN. I know that is Mr. STEVENS. Yes, Mr. President, telligence. Obviously; It is going to be true. the Senator is, along with Senator in the first three without any question. Mr. STEVENS. The problem is people INOUYE. So the 180 days is going to be June, ought to know what they are talking Mr. WARNER. This is a debate we and this bill will be moving through about before they change the system. had many years on the floor of the Sen- the House before that time. In these budgets are both moneys for ate. It has been a debate we have We probably could catch it before acquisition and for salaries, and some- talked about so many times, and there they finish in terms of if there is a rec- where in there is some money that ev- has been a consistency in the voting in ommendation we need, but I would erybody knows, in the intelligence the Senate to recognize the wisdom not urge my colleagues to consider repeal- community, where it is and what it is to release the budgets. ing the requirement for disclosure and for. As yet, with all due respect to our say that we urge the NID to give us the In the Defense authorization bill managers and others, I have not heard earliest possible date for that disclo- there is a classified portion of that an absolutely convincing argument to sure, when it could be done in the na- budget. turn back at least several decades that tional interest. Mr. LIEBERMAN. Sure. this has been an issue of debate on this We are putting a lot of control and Mr. STEVENS. I am not even sure, floor. What is it in the public interest power in this person. Let’s have him other than the chairman and ranking or, most importantly, our national se- tell us when and if it should happen member, if the Senator knows what is curity interests that requires us at this rather than direct it now. Make the in there. I am saying so apologetically, time to reverse positions that have study and leave it up to him to rec- but the system that requires secrecy in been taken by this Chamber, together ommend to us, at least to what extent this country on some things is kept se- with the other body, over the period of we should disclose, commencing in fis- cret. This disclosure prematurely several decades that I have been privi- cal year 2006. might trigger someone saying ‘‘watch leged to serve here? The PRESIDING OFFICER. The Sen- that’’ in answering the question, and My concern is that this world today ator from Connecticut. that would be bad because if they an- is so rapidly changing, and with the ad- Mr. LIEBERMAN. Mr. President, I swer the question about what they vancement of electronics and so many want to read a few sentences from the knew was in there, that would disclose devices to determine what we in an 9/11 Commission Report on page 416 what they did not know was in there. open society are doing, why put the which I think are relevant. It says: Mr. LIEBERMAN. A final response roadmap on the table for all to begin to . . . Opponents of declassification argue that on this point. The Senator from Alaska search? America’s enemies could learn about intel- says correctly if one looks at the over- It has been my experience that if you ligence capabilities by tracking the top-line all budget of a given military agency, put out half a loaf, it will be followed appropriations figure. Yet the top-line figure it does not tell what they are spending by a request to get the other half of the by itself provides little insight into U.S. in- on different programs. So I want to as- telligence sources and methods. . . . loaf. Were this provision to prevail, we sure the Senator from Alaska that would be back here in a very short Here is a point that one of the mem- under the committee’s proposal, not time, some colleagues with the best of bers of the Commission, again a former only do we not talk about what is intentions, saying: Why don’t you put member of this body, made from the 9/ being spent on specific programs and it all out? Why should we have any of 11 Commission Report. specific intelligence agencies, we do it secret? That, coupled with the fact I The U.S. Government readily provides co- not talk about what is being spent in have in my lifetime never seen a period pious information about spending on its those agencies. We talk about the one military forces, including military intel- where there is greater uncertainty ligence. The intelligence community should number, the conglomerate bottom line about the security of this country—be- not be subject to that much disclosure. But or top-line number, and I think that cause of the progression of weapons of when even aggregate categorical numbers re- only gives a general idea of what we mass destruction, because of the pro- main hidden, it is hard to judge priorities are investing in intelligence, far from gression of terrorism, and the pro- and foster accountability. any specific information about what we liferation of individuals who are will- That is in defense of disclosing the 15 are investing in particular kinds of in- ing to give up their lives to do harm in individual agency budgets. telligence, signal, human, image, let this country and other parts of the I say to the Senator from Alaska, alone specific programs. world—I just do not think at this point who knows this better than I—and I am I would not do this if I thought it in time, without following, I think, the honored to serve on the authorizing would jeopardize our national security. sage advice of our distinguished Presi- Armed Services Committee—we give a In fact, that is why we did not call, as dent pro tempore, we need to reverse fair amount of detail of the budget in the Commission requested, for disclo- what this Chamber has considered and terms of military programs. sure of individual agency budgets be- decided upon year after year that I Mr. STEVENS. Will the Senator cause we worried it might, and that is have been here. yield? why we are asking for a report from So I urge colleagues to support the Mr. LIEBERMAN. Yes. the national intelligence director. amendment of the senior Senator from Mr. STEVENS. Unfortunately, that The PRESIDING OFFICER. The Sen- Alaska. I intend to strongly do so. is not a part of the report. That is a ator from Maine. The PRESIDING OFFICER. The Sen- comment after the recommendation. It Ms. COLLINS. Mr. President, I will ator from Alaska. sort of demonstrates the extent of the quote Acting CIA Director John Mr. STEVENS. Mr. President, I heard knowledge they had about what they McLaughlin from our September 8 the last part of the comments of the were dealing with in the recommenda- hearing on this very issue. He said: September 30, 2004 CONGRESSIONAL RECORD — SENATE S10033 If there is a separate appropriation for the the responsibility for coordinating the per- lows the President to select an intel- foreign intelligence program, the national formance of all intelligence and intelligence- ligence coordinator as a member of the intelligence program, as distinct from the related activities of the United States Gov- National Security Council, not subject current arrangement where that appropria- ernment, whether such activities are foreign to Senate approval. Just as President tion is buried in the larger Defense Depart- or domestic. ment bill, I think it would make some sense (c) AVAILABILITY OF FUNDS.—Funds shall be Bush has Karl Rove, whom he trusts to declassify the overall number for the for- available to the National Intelligence Coor- and who coordinates the political intel- eign intelligence program. dinator for the performance of the responsi- ligence throughout this Administra- That was typical of our witnesses. bility of the Coordinator under subsection tion, the President needs a Karl Rove I also note that the top line has been (b) in the manner provided by law or as di- for national security intelligence. rected by the President. made public on occasion in the past. It This NIC will need sufficient staff (d) MEMBERSHIP ON NATIONAL SECURITY was made public in 1997 and 1998 by the and resources. So my amendment as- COUNCIL.—The National Intelligence Coordi- signs to the NIC in his or her role as DCI. nator shall be a member of the National Se- At this point there are numerous curity Council. coordinator of intelligence activities, Senators who are asking what the plan (e) SUPPORT.—(1) Any official, office, pro- the staff and resources currently as- is for today and who are trying to gram, project, or activity of the Central In- signed to the Director of Central Intel- catch planes. I ask for the regular telligence Agency as of the date of the enact- ligence, or DCI, that is now employed order with respect to Lautenberg ment of this Act that supports the Director in the performance of his role as coor- of Central Intelligence in the performance of amendment No. 3802, and I ask unani- dinator of the intelligence community, responsibilities and authorities as the head which he is not doing. mous consent that there be 2 minutes of the intelligence community shall, after on each side prior to a motion to table Many of the dozens of provisions in that date, support the National Intelligence Collins-Lieberman would likely im- the amendment. I further ask for the Coordination in the performance of the re- yeas and nays. sponsibility of the Coordinator under sub- prove our system of intelligence. The The PRESIDING OFFICER. Is there section (b). Senate should study each of these pro- objection? (2) Any powers and authorities of the Di- visions carefully, and enact the best of Mr. STEVENS. Reserving the right rector of Central Intelligence under statute, these provisions after such consider- to object, it is my understanding that Executive order, regulation, or otherwise as ation. My amendment fixes the main of the date of the enactment of this Act that that would set aside the pending problem in the meantime—the lack of relate to the performance by the Director of a coordinator. amendment and take up that proce- responsibilities and authorities as the head dure. We would come back to this Collins-Lieberman creates a National of the intelligence community shall, after Intelligence Director, or NID, and gives amendment. Or is there another that date, have no further force and effect. that person considerable power over amendment in the queue by regular (f) ACCOUNTABILITY.—The National Intel- order? ligence Coordinator shall report directly to budgets and personnel. The NID will The PRESIDING OFFICER. There is the President regarding the performance of control a new national counterter- no other amendment in the queue by the responsibility of the Coordinator under rorism center, and generally manage subsection (b), and shall be accountable to regular order. the intelligence community. The bill is the President regarding the performance of problematic because the NID will wield Mr. REID. I suggest the absence of a such responsibility. quorum. unheard of influence over work of the Mr. HOLLINGS. Mr. President, I sup- The PRESIDING OFFICER. The intelligence entities, before that work port the Hollings-Stevens amendment, clerk will call the roll. even gets done. This is groupthink— numbered 3795. My amendment strikes The legislative clerk proceeded to personnel from 15 agencies work to get and replaces the underlying bill with call the roll. the Director the answers they know he language creating a national intel- Mr. HOLLINGS. I ask unanimous wants. Personnel will neglect intelligence coordinator, or NIC. Important consent that the order for the quorum ligence that takes them in directions work since September 11th of the 9/11 call be rescinded. they know the NID opposes. Reform The PRESIDING OFFICER. Without Commission, numerous Senate com- should encourage more creativity, not objection, it is so ordered. mittees and others has convinced all of less; more diversity within the intel- Mr. HOLLINGS. Mr. President, I ask us that we must enact intelligence re- ligence community, not less. These unanimous consent the pending amend- form. I am impressed by the efforts of agencies each do different things well— ment be set aside so I can call up my my friends Senators COLLINS and we need to take advantage of differen- amendment. LIEBERMAN, and others, who have used tiation, not squelch it under the NID. The PRESIDING OFFICER. Without their considerable skills to implement The national intelligence coordinator objection, it is so ordered. most of the recommendations of the 9/ created by my amendment is unlikely 11 Commission. But I worry that the to lead to this problem of Groupthink. AMENDMENT NO. 3795 Senate is moving ahead with enormous The NIC will not control personnel and Mr. HOLLINGS. I call up my amend- restructuring, when we could address budget decisions. He will not have the ment numbered 3795. the main problem more immediately. 9/ power to fire people in other agencies The PRESIDING OFFICER. The 11 was clearly an intelligence failure, that he disagrees with, or promote only clerk will report. and we must act now to fix the most people who share his worldview. He will The legislative clerk read as follows: glaring problem—the lack of an intel- not be able to manipulate policy direc- The Senator from South Carolina [Mr. ligence coordinator. tion of intelligence agencies and cen- HOLLINGS] proposes an amendment numbered 3795. My amendment fixes this most obvi- ters we may create. The NIC will co- ous, most severe problem with our inordinate, not meddle in the work itself. Mr. HOLLINGS. I ask unanimous telligence structure by creating a na- The 9/11 Commission decided that part consent that the reading of the amend- tional intelligence coordinator, or NIC. of the reason the 9/11 plot was success- ment be dispensed with. It will be the NIC’s responsibility to ful is the lack of creativity in our in- The PRESIDING OFFICER. Without sift through the work of all of our intelligence community. Stopping com- objection, it is so ordered. telligence entities, both foreign, do- plicated terror plots before they hap- The amendment is as follows: mestic and military and keep the pen requires flourishing intelligence di- (Purpose: To propose a substitute.) President abreast of the intelligence versity, and Collins-Lieberman will un- Strike all after the enacting clause and in- community’s findings in a coordinated, dermine diversity by concentrating insert the following: complete way. As it exists, the intel- telligence output in one manager—the SECTION 1. NATIONAL INTELLIGENCE COORDI- ligence community’s communications NID. We don’t need a Director of Intel- NATOR. with the President cannot help but be ligence. We need a coordinator. We (a) NATIONAL INTELLIGENCE COORDINATOR.— haphazard. The President needs to have There is a National Intelligence Coordinator need to change the NID to NIC, the who shall be appointed by the President. the huge volumes of intelligence infor- ‘‘D’’ to ‘‘C’’. (b) RESPONSIBILITY.—Subject to the direc- mation coordinated by someone he I would like to address concerns I tion and control of the President, the Na- trusts, so he can make informed policy have with the underlying bill related to tional Intelligence Coordinator shall have judgments. Thus, my amendment al- Defense. In deciding what to do with S10034 CONGRESSIONAL RECORD — SENATE September 30, 2004 the Department of Defense’s control tic counterterrorism activities and the FBI Director’s ability to manage over most intelligence dollars, Collins- those of the CIA and DOD under the the FBI. The bill creates conflicting re- Lieberman splits the baby. The bill NID. But it does not address problems porting requirements for the FBI’s Ex- transfers control over the budgets and with locating domestic covert oper- ecutive Assistant Director for Intel- some personnel decisions of the Na- ations outside the FBI. The NID would ligence, making her responsible to the tional Security Agency, the National have the power to ask the CIA or DOD FBI Director and the NID. She will Geospatial-Intelligence Agency, and to engage in such covert domestic oper- support not only the FBI’s the National Reconnaissance Office, ations. Our current governmental ar- counterterrorism and counterintel- from the Secretary of Defense to the rangements keep the CIA from partici- ligence programs, under the NID, but NID without transferring control of the pating in domestic intelligence activi- also the FBI’s criminal and cyber mis- agencies themselves to the NID. The ties, yet none of this would apply to sions, which are not under the NID. NID will develop and present the Presi- the NID. Who is to say that the NID The bill provides no clear way to sepa- dent with an annual budget request for will not begin using the CIA to conduct rate FBI criminal investigations from these and other intelligence programs. extensive covert domestic activities? its intelligence work. I would not want It is unclear whether the Secretary of This new role for the CIA may actually to be the Executive Assistant Director Defense or the NID will control the ac- be appropriate, but we have to be care- of Intelligence under this structure— tual payroll. Under Collins-Lieberman, ful to draw rules for CIA domestic con- with dueling bosses and duplicative re- ‘‘tactical’’ military intelligence and duct that respect our Bill of Rights and porting requirements. Also, will the the Defense Intelligence Agency will other basic traditions. Using agencies National Security Council’s role be remain under the DOD. But the bill other than the FBI for these domestic weakened by the creation of a separate does not define ‘‘tactical.’’ Obviously, tasks also removes the Attorney Gen- board chaired by the NID? Will the NID DOD will seek to define that term eral from its supervisory function. The be allowed to deny the Secretary of broadly, and the NID will seek to de- Department of Justice is qualified to State and other cabinet-level Secre- fine it narrowly. I understand Senator make difficult Bill of Rights judg- taries personnel decision-making over FEINSTEIN may offer an amendment ments, but these other agencies may their own subordinates? I understand that would define ‘‘tactical’’ and pro- not be. These other agencies may not Collins-Lieberman will give the NID vide some clarity, but even if that even be inclined to exercise restraint authority over analysis. Where does amendment is enacted, the battle will when they are investigating Ameri- this leave CIA analysts? The bill does be waged over how to interpret the cans. We could ruin cases against sus- not address what the new role for CIA Feinstein definition of ‘‘tactical.’’ My pected domestic terrorists, because our analysts will be. Have these matters friends Senators SPECTER, ROBERTS, intelligence operatives do not conduct been worked out, or even discussed in a SHELBY, DEWINE, BOND, WYDEN, BAYH their investigations according to con- public forum? I have focused on several and others already think the NID stitutional requirements, and the cases agencies I am particularly acquainted should have even more control over get thrown out. And unless the stove- with through my experience on the agencies currently within the DOD pipes we hear so much about are eradi- Commerce, Justice, State Appropria- than the Collins-Lieberman bill would cated immediately under this bill, tions Subcommittee. I am sure my col- allow, but their amendment failed. which seems unrealistic, we may even leagues are raising similar problems In short, there is confusion over what have multiple agencies conducting du- with reforming the agencies under Collins-Lieberman transfers from the plicate investigations against Amer- their Committees’ jurisdictions, and I DOD to the NID and what it does not ican citizens, trampling all over each encourage them to come forward and transfer. There is confusion over what other and the law. help us understand these important ought to be placed underneath the NID, Collins-Lieberman also enacts the issues. and what stays with the DOD. There is largest ever surveillance intelligence Mr. President, I’d like to say a few confusion over how budget, personnel network, which can be data-mined by words about policy too. This adminis- and other types of authority can be bi- personnel in various levels of govern- tration is extremely reticent to spend furcated and trifurcated. This is a time ment. Senator STEVENS and others money in Afghanistan, and it was try- for clarity, not confusion. The NID will point out that we do not even have the ing to funnel to Iraq funds Congress al- also receive the appropriation for these technology to meld all this intelligence located for Afghanistan long before the and other intelligence programs, and in in one database. While coordinating in- President started the Iraq war. Collins- Collins-Lieberman the NID can transformation among agencies is laudable, Lieberman empowers the NID to transfer funds from one office to another as it is unclear that Collins-Lieberman fer funds and personnel directed by the Director sees fit. If the underlying addresses dangerous side effects of a Congress from one agency to another. bill is enacted as it is currently writ- new network database. Collins- For example, this body may substan- ten, I forecast open warfare between Lieberman directs the White House to tially increase U.S. assistance to Af- the Secretary of Defense and the NID. violate privacy protections, but of the ghanistan—I understand Senators Especially during a time of war, DOD three branches, the executive branch MCCAIN and LIEBERMAN have advocated will insist on funding defense/military- has the least incentive to balance indi- just such an increase. If we add funds related intelligence work its way. This vidual rights concerns. Congress never for Afghanistan onto this bill, the NID kind of turf war is bad for the country, held any hearings to address the civil could scrap the funds for Afghanistan and we should not enact intelligence liberties problems with such a net- and transfer them to fund a new oper- that we can see is likely to pit the Sec- work, or with turning over to the ation in Syria or Iran. The NID would retary of Defense against the NID. If White House power to write privacy have a responsibility to inform Con- this painful transition needs to occur, guidelines. Administration guidelines gress that he had moved this money, we should at least consider waiting and a civil liberties board, contained in but these funds would be moved none- until after combat operations in Iraq the bill, are not as likely to strike the theless. It is Congress’s duty to allo- have ended. correct balance over privacy issues as cate such funds. Empowering the NID I am also concerned about some po- Congressional oversight and public de- to override Congress’s funding prior- tential problems with the underlying bate would. At the very least, we need ities is bound to lead the NID to under- bill’s blurring of domestic and foreign committee hearings to consider the mine Congress’s powers, and instead intelligence. While I support the con- consequences to our civil liberties of use shift funds allocated by Congress to cept of fusing foreign and domestic in- enacting a national network database. advance the administration’s agenda. telligence, because that is what mod- At this time I would like to say a few As we consider this bill under great ern investigating and technology re- words about this underlying bill’s pos- political pressure and with the election quires, this is a very sensitive and sible impact on a couple of our intel- looming, we have considerable analo- tricky area. Our Nation’s history of do- ligence agencies. Because of the bill’s gous precedent to reference. Recent mestic covert governmental operations considerable scope, I will only raise a hasty Congressional enactments of shows the need to be careful here. Col- few of the potential problems with the Homeland Security legislation and the lins-Lieberman places the FBI’s domes- bill’s agency reforms. The bill hampers Patriot Act show the need for more September 30, 2004 CONGRESSIONAL RECORD — SENATE S10035 measured action. Collins-Lieberman is President Hoover’s commission came terrorist threat, not only foreign but thrown together in a matter of weeks. to be. domestic. What you would want in line, Surely most of us agree that at least A task force was headed by General you would want a Karl Rove on intel- some of its provisions are problematic. Mark Clark. I served as one of those ligence. Now, the President has a Karl Much of the conversation I have heard members of the task force inves- Rove on political intelligence. Karl on the floor this week sounds more like tigating the CIA, the FBI, the Army, Rove can tell you for any section of the campaigning than legislating. The Navy, air intelligence, Secret Service, country what is going on in any par- White House identifies problems Q clearance, atomic energy intel- ticular State. He has pollsters. He can throughout Collins-Lieberman—will ligence, and on down the list. We spent give a consummate judgment or alter- the House version appeal more to the some 2 years. After hearings and con- native to the President to make a judg- White House? A hastily thrown to- sideration of the generally speaking ment. That is fine business. We have gether conference resolving differences minute intelligence information at that without legislation. in the House and Senate versions will that time—I say ‘‘minute’’ for the sim- We need just that in security intel- not be conducive to finding and fixing ple reason that the intelligence infor- ligence—not only foreign, not only do- these inevitable problems. My friend mation now correlated by the various mestic, not only military, but all Senator STEVENS says, ‘‘Do no harm’’. entities and departments and agencies three—security intelligence coordi- Whatever comes back from conference is like drinking water out of a fire hy- nator. will have a tremendous head of steam drant. You have much, much greater So when I say the national intel- behind it. By acting too fast on Collins- volume. But even then we found the ligence director directing and managing, I am saying, here is a flaw of Lieberman, the Senate may get stuck need for a coordinator. September 11. You know the group- with House provisions in a conference I can see Allen Dulles of the Central think policy of the President. If you report that are unpalatable. Once re- Intelligence Agency. Director Dulles of are directing and managing intel- form is enacted, fixing missteps is ex- the CIA said, I have my hands full try- ligence, what you do is go immediately tremely difficult. Experiences of home- ing to get the work done properly of the CIA, much less as the head of intel- and give that intelligence to the folks land security legislation, passed right making the Presidential policy and you before an election, and the Patriot Act, ligence activities in the Government, namely the coordinator of all intel- develop a group-think and a flawed prove that hasty restructuring results product. in confusion, mistakes and paralysis. ligence, the centralizer of all intelligence. That is why it was called the We do not want, necessarily, a direc- I conclude by asking my colleagues tor, certainly with all the duties that to support my amendment. Let’s act Central Intelligence Agency. He said, I have too much work to do. What we this particular director is burdened now and enact my amendment, which with but, rather, we want a coordi- fixes the main problem of the lack of a need is one single intelligence coordinator to coordinate all of it—my work, nator. He should be or she should be in coordinator, and then let’s continue to the National Security Council, ap- act as we learn. Let’s sift through the the FBI, Defense Department, military. In those days all we had was foreign pointed by the President, without con- litany of approaches being advanced by intelligence and military to bother firmation by the Senate. You have to my colleagues in the underlying bill, with. We did not have terrorism have your own person in there. And and the rival approaches being advo- threats and counterterrorism within you have to not have him or her run- cated by others both within this body the continental limits. Now we have ning over to several committees in the and outside it. My amendment starts heaped upon the responsibilities of the Senate and several committees in the us on the right track to improving our intelligence community all kinds of House testifying about this manage- intelligence structure, and it avoids duties that need further deliberation ment, this direction, this decision, this the potential to start us on the wrong and estimation because, as I say, the or that policy. He will have his hands track. director of the national intelligence, full just with what the President I appreciate the outstanding work when they said ‘‘direct,’’ when they wants. Senator COLLINS and Senator said ‘‘manage,’’ I said heavens above, Necessarily, we transfer those coordi- LIEBERMAN have done and thank them here is a flaw of September 11 intel- nation responsibilities from the CIA for that. They met over the break in ligence. It was directed. It was man- over to this national intelligence coor- August and worked around the clock to aged. Everyone knows that now after dinator. This is a short, two-page produce a product so we could get the hearings. amendment by Senator STEVENS, Sen- something done before we leave in time The Vice President had his own little ator INOUYE, Senator COCHRAN, and my- for the elections in November. cabal in that Department of Defense. self. This was worked out this after- However, in those pressures of time, They had met with the head of the De- noon. I was trying to listen to the de- they have come out with a product fense Advisory Council, Richard Perle, bate, and the more I listened, the more that needs many more hearings, more and Scooter Libby and that group. it impressed me that we needed much deliberation, and more consideration. They had submitted to the country of more deliberate work and consider- In essence, they have a national intel- Israel in 1996—Benjamin Netanyahu ation, and not the crunch of a national ligence director who directs and man- was coming in as Prime Minister, and election to get all of us out of town and ages. Immediately that raised the red they submitted at that time that Sad- do something. So we are trying to re- flag for this particular Senator. dam ought to be replaced with the spond to that edict of ‘‘don’t just stand When I say ‘‘raised the red flag for Hashemite rule and they wanted to de- there, do something.’’ I am afraid we this particular Senator,’’ let me tell of mocratize Iraq back in 1996. are going to enact the ‘‘Alka Seltzer’’ an experience. It was 50 years ago we When Netanyahu refused doing that, intelligence bill: I don’t believe we had the Hoover Commission Task they came back and organized them- passed the whole thing. Force investigating the intelligence ac- selves into the Project for the New Look what it does. It directs and tivities of this Nation. We had the American Century and they have been manages, but what intelligence is McCarthy days, McCarthy charging pressing forward ever since. under the Department of Defense and there were Communist spies and agents So when you direct and when you what intelligence is under the national within the State Department, within manage intelligence, you have a flawed intelligence director. I searched and I the Defense Department, within the ex- product. We need coordination. You found conflicts throughout the par- ecutive branch, and everywhere need to take the best of the best from ticular Collins-Lieberman measure, es- throughout the Government. President the CIA, from the FBI, from the Na- pecially during a time of war. I can tell Eisenhower appointed the Doolittle tional Security Agency, from the Na- you, you are going to find all kinds of Commission and they came out with tional Reconnaissance Organization, conflicts there. There are conflicts what was considered generally in the and all these other entities and coordi- going on right now with the war in Iraq Congress as a whitewash. The White nate into a product to give to the and the Secretary of Defense saying he House and Congress got together and President. is not going to stand for it. The na- agreed efforts should be conducted to Suppose you were President in the tional intelligence director has the de- reorganize the executive branch, thus, next 10 minutes and you heard about a fense intelligence budget, but then the S10036 CONGRESSIONAL RECORD — SENATE September 30, 2004 secretary of intelligence has the de- So we have changed the culture and my policy, and it is not to be treated fense intelligence function and respon- discipline by having one coordinator. casually. It is to be treated seriously sibility. And the Secretary of Defense That is all you need. We can go home because what we are going through is does not have budget control over what and know that the job is done. The FBI this exercise here. And if you had the he has responsibility. And then there is is working. The CIA is working. The Collins-Lieberman bill up, I would vote the ‘‘ying’’ and the ‘‘yang’’ of defense National Security Agency now knows to get it to the House and let them try intelligence versus tactical intel- not to wait until tomorrow to translate to hammer it out. They don’t have the ligence. And I have listened to some, their go signal. As they went into the coordinator. the distinguished Senator from Cali- World Trade Towers, they were a day I was just about to say, the reason fornia and others, on what they con- late in translating documents. they didn’t have that coordinator is sider tactical intelligence. We can go home and know that the that the 9/11 Commission is even Ste- On civil liberties, there are real President is equipped with a coordi- phen, Republican-Democrat. And they grave concerns there because there is nator. And immediately, if I am run- wanted to have a unanimous report, within the Federal Bureau of Investiga- ning the CIA or FBI, I am going to and I agree with that. So they didn’t tion, that investigates crimes and pro- start getting my information out rath- hammer and zero in or bull’s-eye the tects civil liberties, a culture, a para- er than hiding it. That is the real dif- real need and the real fault of 9/11. digm, and a discipline. The Justice De- ficulty: The dots were there, but the They didn’t join the dots. They didn’t partment has developed that over the dots were not joined. With the Collins- have a coordinator. And if they were years of different FBI Directors. Now, Lieberman bill what you are insti- going to come out on that unani- with respect to the national intel- tuting and legislating into law is the mously, they would have found fault at ligence director, he can direct covert flaw of 9/11. You have a director of in- the White House level. It is just as sim- activity to be taken on by the FBI with telligence. You have a manager of in- ple as that. none of that discipline and none of telligence. And that is how they got I know another time in the history of those checks and balances. into the World Trade towers and into this Government where we knew full You have heard the distinguished well that President Reagan knew about Senator from Alaska with respect to the Pentagon. It was managed. I can see the President on October 7, the Contras, at least I was convinced the national intelligence director’s 2002, in Cincinnati. ‘‘Facing clear evi- so. But you couldn’t report it. You transfer of funds, not only the report- dence of peril, we cannot wait until the couldn’t say it. You couldn’t do it for ing of funds. I can tell you now that the simple reason that these so-called will never happen where you can trans- smoking gun is a mushroom cloud,’’ he said. Seven days later I voted for the commissions that are now sanctified fer funds because the Appropriations are really politically balanced, and Committee has that responsibility. authority to go to the war when the President asked—I did not sit on the they leave out the necessary one. In I can go down the different disclosure this particular instance, we need a co- of funds and various other things. What Intelligence Committee. When my Commander in Chief says: ‘‘Facing ordinator. You can get all of the direc- I want to emphasize is that I am not tors. You can get all of the budgets. trying to disparage any of the wonder- clear evidence of peril, we cannot wait until the smoking gun is a mushroom You can get all hammered out about ful work being done by our Govern- the Defense Department. Just leave it cloud,’’ I voted aye. Then I found out mental Operations Committee. They all alone or put it all through. And you there weren’t no smoking guns, there have a product out here now that we haven’t satisfied and gotten a coordi- were no mushroom clouds, there were can develop and work upon and iron nator at the National Security Council. out the differences. But it should not no facilities, there were no weapons, We had that amendment early on last be under the pressure that we are in there were no terrorist threats. But year, and the vote was 49 to 48. We put and having passed ipso facto the Col- that is another argument. him on. I had that amendment up. It I am trying to get something done lins-Lieberman bill. You would not sat- was a partisan vote. isfy the problem of 9/11, and that is co- where we in good conscience can pro- Now I have worked yesterday and ordination. tect our national security, protect us today to explain it to colleagues on the You need the President’s man or against domestic terrorism. And we other side of the aisle, and it is bipar- woman in that National Security can fix this bill. tisan by the most responsible of Sen- Council, auditing, gaining, and getting. Now, let me add one little thing. I ators other than myself. I hope we And mind you me, don’t worry about don’t know whether Senator STEVENS, don’t treat it casually as something to getting it, now that you have a coordi- my dear colleague, or Senator INOUYE be tabled and walk away and say: Let’s nator sitting there with the President. or Senator COCHRAN wants to talk. But have another amendment. We don’t For example, that Arizona flight school I would agree, I don’t need, unless I am want to vote on Friday. Let’s get some information that did not get through questioned, another 10 minutes. And I votes. the FBI to the coordinator, because know they have amendments of their We are all thinking about procedure they did not have one, is excused. That own. So I would agree to a time limit and not thinking about the country. Minnesota terrorist who did not want on either side if the distinguished man- We are all thinking about the cam- to land the plane, all he wanted to do agers of the bill are trying to get to a paign and not the country. was fly it into a building; that came to vote. I yield the floor and reserve the re- the CIA but did not get to the White Ms. COLLINS. How much more time mainder of my time. House. Known terrorists came into the does the Senator from South Carolina The PRESIDING OFFICER. The Sen- country, passed the Immigration de- believe he would require? ator from Maine. partment, and the Naturalization Serv- Mr. HOLLINGS. Let me reserve 10 Ms. COLLINS. Mr. President, the ice. That did not get to the Director. minutes. I don’t know if I will use it. amendment offered by the Senator But mind you me, if you have a coor- Ms. COLLINS. Mr. President, I ask from South Carolina eviscerates the dinator, and the information of that unanimous consent that the Senator underlying bill. I want to be very clear importance does not get through to from South Carolina be accorded up to about that. His amendment takes a that coordinator, the opposite is going 10 minutes more for his debate, and radically different approach to intel- to be true. Rather than the old days then that Senator LIEBERMAN and I ligence reform. The Hollings amend- when you held within your particular have up to 10 minutes for us to use in ment creates a national intelligence department or agency your intel- opposition to the Hollings amendment. coordinator and transfers to this indi- ligence and your information, and you Then it is my intention to move to vidual the responsibility and authority did not tell the FBI, and the FBI did table. that the Director of Central Intel- not tell the CIA, here you are going to The PRESIDING OFFICER (Mr. ligence now has as head of the intel- try to regurgitate and spit up and SMITH). Without objection, it is so or- ligence community. The DCI would re- throw out and report to that coordi- dered. main as head of the CIA and principal nator. Because if he does not get it at Mr. HOLLINGS. Mr. President, I will adviser to the President. the White House level, heads are going use just 1 minute for the Hollings-Ste- This approach is completely contrary to roll. vens-Inouye-Cochran amendment. It is to the recommendations of the 9/11 September 30, 2004 CONGRESSIONAL RECORD — SENATE S10037 Commission. It is completely contrary A [Director of Central Intelligence] was The Congress stays out of the affairs of to the report of the congressional joint there before, but the DCI did not have that Condoleezza Rice. She is the National inquiry. It is completely contrary to kind of authority. And in this town, it’s Security Adviser. We don’t call her up numerous government and private sec- budget authority that counts. Can you move willy-nilly before 15 different commit- the money? Can you set standards for peo- tor reports over the past five decades. ple? The [national intelligence director]— tees here on the Hill and say testify The Hollings amendment gives the here and there. You don’t want that. If The one created in our bill— national intelligence coordinator the you are the President, you want it co- responsibility to manage the intel- will have all of that, and so I think this is ordinated subject to you. That is what a far more powerful player. And that will ligence community but does not give help the State Department. you need. You don’t call Karl Rove up that individual any additional author- here and ask him about political intel- Stansfield Turner, CIA Director ity to allow him to accomplish that ligence; you have him working around under President Carter, told us on Au- task. The Hollings amendment also the clock. He has us Democrats on the gust 16: provides that except as otherwise pro- run. vided by law, the national intelligence I think it’s empowering somebody to run a $40 billion a year . . . operation. And we just I want the same kind of job done in coordinator shall not be accountable to don’t have that. And we need to have a CEO. domestic intelligence, foreign intel- Congress regarding the performance of So the real issue is just how much authority ligence, and military intelligence. I the responsibility of the coordinator. It to give that CEO and still protect the De- want it coordinated for the President is difficult to imagine why we would partment of Defense. And I, as a military of- so the buck doesn’t stop here because establish such a position with a list of ficer, would err on the side of giving it to the the dots were not joined. Now we are legally defined responsibilities and au- national intelligence director. about to join the dots in this amend- thorities currently in the National Se- That is what we do. ment. Of all people, they say let’s don’t curity Act of 1947, very important re- With all respect, not casually, we join them, let’s just manage; and we sponsibilities and authorities which af- have built in a lot of time and effort have $40 billion or $30 billion, whatever fected the security and the liberty of that this committee put in over a pe- it is, and we are going to manage indi- the American people, and then specifi- riod of time on a totally bipartisan rectly and we are going to screw up the cally provide that this individual is not basis. This amendment would take us Defense Department, the FBI, civil accountable to Congress. back to where we were when we were rights, and everything else, in the I am strongly opposed to this amend- struck on September 11, 2001. I don’t head-on rush we have here this after- ment. It guts the entire Collins- want to go back there, and that is why noon. Lieberman bill. I urge my colleagues to I oppose this amendment. I yield back the remainder of my defeat it. The PRESIDING OFFICER. The Sen- time. The PRESIDING OFFICER. The Sen- ator from South Carolina. Ms. COLLINS. Mr. President, I move ator from Connecticut. Mr. HOLLINGS. Well, two points to table the Hollings amendment and I Mr. LIEBERMAN. Mr. President, I quickly: I don’t go back to 1947, but I ask for the yeas and nays. rise to oppose the Hollings amendment. go back to 1953 and 1954 under the Hoo- The PRESIDING OFFICER. Is there a The Senator from South Carolina ver Commission. And I would refer you sufficient second? raised a question: Who cares about the to that report. They ask for a national There is a sufficient second. country? Who is putting the country’s intelligence coordinator. Allen Dulles The question is on agreeing to the interests and security first? would say—he was directing Central motion. I assure him that Senator COLLINS Intelligence—you can run the National The clerk will call the roll. and I, the members of our committee Security Agency, you over at the De- The legislative clerk called the roll. from both parties, care about the coun- partment of Defense, and you can di- Mr. MCCONNELL. I announce that try, care about the security of the rect and manage military intelligence the Senator from New Mexico (Mr. country, worry about the imminence of and these different departments. But DOMENICI), the Senator from Arizona a terrorist attack, read the reports, take those cold turkey facts of intel- (Mr. KYL), and the Senator from Ari- came in in July and August and Sep- ligence and information and have them zona (Mr. MCCAIN) are necessarily ab- tember, worked real hard to produce coordinated—not superduper $40 bil- sent. this proposal. lion. It sounds pretty on paper, but I Mr. REID. I announce that the Sen- Talk about treating something cas- can tell you right now, that is what ator from Hawaii (Mr. AKAKA), the Sen- ually, the amendment of the Senator was wrong with 9/11. The intelligence ator from Delaware (Mr. BIDEN), the from South Carolina would casually was directed, was managed. Senator from California (Mrs. BOXER), eliminate all our work and that of the Why do you think the head of the the Senator from North Carolina (Mr. CIA hammered and slammed his fist on 9/11 Commission and a series of com- EDWARDS), the Senator from Florida the desk of the President and said, missions going back to 1947, when the (Mr. GRAHAM), the Senator from Massa- Slam dunk, Mr. President, we got all National Security Act was adopted, chusetts (Mr. KERRY), the Senator from the information you need on weapons recommending a strong national intel- Georgia (Mr. MILLER), and the Senator of mass destruction, when he didn’t ligence director. from Florida (Mr. NELSON), are nec- What you are doing is creating a po- even have an agent in downtown Bagh- essarily absent. sition that is cosmetic, that has no dad. We were about to invade Iraq, and The PRESIDING OFFICER (Mr. we had not an agent. That was the teeth to it, and will not be able to do CHAFEE). Are there any other Senators what we need to do. It will bring us same director who was the staff direc- in the Chamber desiring to vote? back to where we were before Sep- tor before Gulf Storm and Senator Bill The result was announced—yeas 82, tember 11, with no one in charge and, Cohen and I came back to be briefed on nays 7, as follows: even worse, the appearance of someone Iraq and Baghdad, against Saddam. [Rollcall Vote No. 193 Leg.] in charge. And George Tenet, the staff director at Witness after witness—people no one that time, said: Gentlemen, we don’t YEAS—82 would treat casually, Secretaries of have an agent in Baghdad. We don’t Alexander Chambliss Durbin Allard Clinton Ensign State, heads of the intelligence com- have one in Iraq. We will have to call Allen Coleman Enzi munity, the past three or four of those over to the Defense Department. Here, Baucus Collins Feingold people said: The worst thing you can do 11 years later, we still don’t have some- Bayh Conrad Feinstein body down there. Now we have opera- Bennett Cornyn Fitzgerald is to create a position and not give Bingaman Corzine Frist that position the authority to direct tive agents and everything else trying Bond Craig Graham (SC) the intelligence community. to manage elections and what have Breaux Crapo Grassley With all respect, that is what the you. So the idea is to coordinate im- Brownback Daschle Gregg Bunning Dayton Hagel amendment of the Senator from South partial, objective intelligence facts, Campbell DeWine Harkin Carolina is doing. not manage intelligence. Cantwell Dodd Hatch Secretary Powell said to us on Sep- Secondly, the Congress stays out of Carper Dole Hutchison tember 13 of this year at a hearing: it, Senator COLLINS, most respectfully. Chafee Dorgan Inhofe S10038 CONGRESSIONAL RECORD — SENATE September 30, 2004 Jeffords Mikulski Shelby NAYS—41 rity and Visa Entry Reform Act of 2002 (8 Johnson Murkowski Smith Baucus Feingold Mikulski U.S.C. 1734(a)) is amended by adding at the Kennedy Murray Snowe Bayh Feinstein end the following: ‘‘As part of the consular Kohl Nelson (NE) Murray Specter Bingaman Harkin Landrieu Nickles Nelson (NE) training provided to such officers by the Sec- Stabenow Breaux Hollings Lautenberg Pryor Pryor retary of State, such officers shall also re- Sununu Byrd Inouye Leahy Reed Reed ceive training in detecting fraudulent docu- Talent Cantwell Jeffords Levin Reid Reid ments and general document forensics and Thomas Carper Johnson Lieberman Roberts Rockefeller Voinovich Clinton Kennedy shall be required as part of such training to Lincoln Rockefeller Sarbanes Warner Conrad Kohl work with immigration officers conducting Lott Santorum Schumer Wyden Corzine Landrieu inspections of applicants for admission into Lugar Sarbanes Snowe Daschle Lautenberg the United States at ports of entry.’’. McConnell Schumer Specter Dayton Leahy Stabenow (d) ASSIGNMENT OF ANTI-FRAUD SPECIAL- NAYS—7 Dodd Levin ISTS.— Dorgan Lincoln Wyden Burns Hollings Stevens (1) SURVEY REGARDING DOCUMENT FRAUD.— Byrd Inouye NOT VOTING—12 The Secretary of State, in coordination with Cochran Sessions Akaka Domenici Kerry the Secretary of Homeland Security, shall Biden Durbin Kyl conduct a survey of each diplomatic and con- NOT VOTING—11 Boxer Edwards McCain sular post at which visas are issued to assess Akaka Edwards McCain Brownback Graham (FL) Nelson (FL) the extent to which fraudulent documents Biden Graham (FL) Miller The motion was agreed to. are presented by visa applicants to consular Boxer Kerry Nelson (FL) officers at such posts. Domenici Kyl Ms. COLLINS. I move to reconsider (2) PLACEMENT OF SPECIALIST.—Not later the vote. The motion was agreed to. than July 31, 2005, the Secretary of State Mr. SANTORUM. I move to lay that shall, in coordination with the Secretary of The PRESIDING OFFICER (Mr. motion on the table. Homeland Security, identify 100 of such CHAFEE). The Senator from Maine. The motion to lay on the table was posts that experience the greatest frequency AMENDMENT NO. 3802 agreed to. of presentation of fraudulent documents by visa applicants. The Secretary of State shall Ms. COLLINS. Mr. President, I move The PRESIDING OFFICER. The Sen- ator from Nevada. place in each such post at least one full-time to table the Lautenberg amendment anti-fraud specialist employed by the De- and I ask for the yeas and nays. AMENDMENT NO. 3819 partment of State to assist the consular offi- The PRESIDING OFFICER. Is there a Mr. ENSIGN. Mr. President, I ask cers at each such post in the detection of sufficient second? There is a sufficient unanimous consent to lay the pending such fraud. second. business aside and call up amendment SEC. 402. INCREASE IN FULL-TIME BORDER PA- No. 3819. TROL AGENTS. The question is on agreeing to the The PRESIDING OFFICER. Is there The Secretary of Homeland Security, in motion. objection? each of fiscal years 2006 through 2010, shall The clerk will call the roll. Without objection, it is so ordered. increase by not less than 2,000 the number of The assistant legislative clerk called The clerk will report the amendment. positions for full-time active duty border pa- the roll. trol agents within the Department of Home- The legislative clerk read as follows: land Security above the number of such posi- Mr. McCONNELL. I announce that The Senator from Nevada [Mr. ENSIGN], for tions for which funds were allotted for the the Senator from New Mexico (Mr. himself, Mr. KYL, Mr. CHAMBLISS, Mr. preceding fiscal year. DOMENICI), the Senator from Arizona CORNYN, Mr. GRASSLEY, and Mr. SESSIONS, SEC. 403. INCREASE IN FULL-TIME IMMIGRATION (Mr. KYL), the Senator from Arizona proposes an amendment numbered 3819. AND CUSTOMS ENFORCEMENT IN- (Mr. MCCAIN) and the Senator from Mr. ENSIGN. Mr. President, I ask VESTIGATORS. Kansas (Mr. BROWNBACK) are nec- unanimous consent that reading of the The Secretary of Homeland Security, in essarily absent. amendment be dispensed with. each of fiscal years 2006 through 2010, shall The PRESIDING OFFICER. Without increase by not less than 800 the number of I further announce that if present positions for full-time active duty investiga- and voting the Senator from Kansas objection, it is so ordered. tors within the Department of Homeland Se- (Mr. BROWNBACK) would vote ‘‘yea.’’ The amendment is as follows: curity investigating violations of immigra- Mr. REID. I announce that the Sen- (Purpose: To require the Secretary of State tion laws (as defined in section 101(a)(17) of to increase the number of consular officers, the Immigration and Nationality Act (8 ator from Hawaii (Mr. AKAKA), the Sen- clarify the responsibilities and functions of U.S.C. 1101(a)(17)) above the number of such ator from Delaware (Mr. BIDEN), the consular officers, and require the Sec- positions for which funds were allotted for Senator from California (Mrs. BOXER), retary of Homeland Security to increase the preceding fiscal year. At least half of the Senator from Illinois (Mr. DURBIN), the number of border patrol agents and these additional investigators shall be des- the Senator from North Carolina (Mr. customs enforcement investigators) ignated to investigate potential violations of EDWARDS), the Senator from Massachu- At the end, add the following: section 274A of the Immigration and Nation- ality Act (8 U.S.C 25 1324a). Each State shall setts (Mr. KERRY) and the Senator from TITLE IV—OTHER MATTERS Florida (Mr. NELSON) are necessarily be allotted at least 3 of these additional in- SEC. 401. RESPONSIBILITIES AND FUNCTIONS OF vestigators. absent. CONSULAR OFFICERS. The PRESIDING OFFICER. Are there (a) INCREASED NUMBER OF CONSULAR OFFI- Mr. ENSIGN. Mr. President, I yield any other Senators in the Chamber de- CERS.—The Secretary of State, in each of fis- the floor. siring to vote? cal years 2006 through 2009, may increase by The PRESIDING OFFICER. The Sen- 150 the number of positions for consular offi- ator from West Virginia. The result was announced—yeas 47, cers above the number of such positions for AMENDMENT NO. 3815 nays 41, as follows: which funds were allotted for the preceding [Rollcall Vote No. 194 Leg.] fiscal year. Mr. ROCKEFELLER. Mr. President, I (b) LIMITATION ON USE OF FOREIGN NATION- ask unanimous consent that the pend- YEAS—47 ALS FOR VISA SCREENING.— ing amendment be laid aside and call Alexander DeWine McConnell (1) IMMIGRANT VISAS.—Subsection (b) of up amendment No. 3815, which is at the Allard Dole Miller section 222 of the Immigration and Nation- desk. Allen Ensign Murkowski ality Act (8 U.S.C. 1202) is amended by add- Bennett Enzi Nickles The PRESIDING OFFICER. Is there Bond Fitzgerald ing at the end the following: ‘‘All immigrant Roberts visa applications shall be reviewed and adju- objection? Bunning Frist Santorum dicated by a consular officer.’’. Without objection, it is so ordered. Burns Graham (SC) Sessions Campbell Grassley Shelby (2) NONIMMIGRANT VISAS.—Subsection (d) of The clerk will report the amendment. Chafee Gregg Smith such section is amended by adding at the end The legislative clerk read as follows: Chambliss Hagel Stevens the following: ‘‘All nonimmigrant visa appli- Cochran Hatch The Senator from West Virginia [Mr. Sununu cations shall be reviewed and adjudicated by Coleman Hutchison ROCKEFELLER], for himself, Mrs. HUTCHISON, Talent a consular officer.’’. Collins Inhofe Mr. ROBERTS, and Ms. MIKULSKI, proposes an Thomas (c) TRAINING FOR CONSULAR OFFICERS IN Cornyn Lieberman amendment numbered 3815. Craig Lott Voinovich DETECTION OF FRAUDULENT DOCUMENTS.— Crapo Lugar Warner Section 305(a) of the Enhanced Border Secu- The amendment is as follows: September 30, 2004 CONGRESSIONAL RECORD — SENATE S10039 (Purpose: To improve and provide for the On page 100, between lines 3 and 4, insert ‘‘red teaming,’’ in the production of review of intelligence estimate and products) the following: significant intelligence assessments. On page 17, between lines 19 and 20, insert SEC. 145. OFFICE OF ALTERNATIVE ANALYSIS. As to this Rockefeller-Hutchison the following: (a) OFFICE OF ALTERNATIVE ANALYSIS.— amendment, I am very pleased to say I (11) direct an element or elements of the There is within the National Intelligence Au- believe the distinguished chair and intelligence community to conduct competi- thority an Office of Alternative Analysis. ranking member of the Committee on tive analysis of analytic products, particu- (b) HEAD OF OFFICE.—The National Intel- larly products having national importance; ligence Director shall appoint the head of Governmental Affairs have indicated (12) implement policies and procedures to the Office of Alternative Analysis. their support for this amendment— encourage sound analytic methods and (c) INDEPENDENCE OF OFFICE.—The National that is my hope—and that, therefore, tradecraft throughout the elements of the Intelligence Director shall take appropriate the amendment will be accepted by intelligence community and to ensure that actions to ensure the independence of the Of- them and supported, obviously, by our the elements of the intelligence community fice of Alternative Analysis in its activities colleagues without the need for a vote. regularly conduct competitive analysis of under this section. Section 123 of the Collins-Lieberman analytic products, whether such products are (d) FUNCTION OF OFFICE.—(1) The Office of bill provides for placement of the Na- Alternative Analysis shall subject each Na- produced by or disseminated to such ele- tional Intelligence Council within the ments; tional Intelligence Estimate (NIE), before On page 17, line 20, strike ‘‘(11)’’ and insert the completion of such estimate, to a thor- office of the national intelligence di- ‘‘(13)’’. ough examination of all facts, assumptions, rector. The Council is currently under On page 17, line 22, strike ‘‘(12)’’ and insert analytic methods, and judgments utilized in the Director of Central Intelligence. ‘‘(14)’’. or underlying any analysis, estimation, plan, As the Senate Intelligence Com- On page 18, line 1, strike ‘‘(13)’’ and insert evaluation, or recommendation contained in mittee report on prewar intelligence on ‘‘(15)’’. such estimate. Iraq explains, National Intelligence Es- On page 18, line 4, strike ‘‘(14)’’ and insert (2)(A) The Office may also subject any timates are the intelligence commu- other intelligence estimate, brief, survey, as- ‘‘(16)’’. nity’s most authoritative written judg- On page 18, line 7, strike ‘‘(15)’’ and insert sessment, or report designated by the Na- ‘‘(17)’’. tional Intelligence Director to a thorough ments—they are the golden standard— On page 18, line 14, strike ‘‘(16)’’ and insert examination as described in paragraph (1). on national security issues. ‘‘(18)’’. (B) Not later than 180 days after the date of The Collins-Lieberman bill reforms On page 18, line 17, strike ‘‘(17)’’ and insert the enactment of this Act, the Director shall the work of the National Intelligence ‘‘(19)’’. submit to the congressional intelligence Council, based in significant part on On page 18, line 20, strike ‘‘(18)’’ and insert committees a report on the estimates, briefs, the findings of the Intelligence Com- ‘‘(20)’’. surveys, assessments or reports, if any, des- mittee’s Iraq review. On page 19, line 5, strike ‘‘(19)’’ and insert ignated by the Director under subparagraph Importantly, it requires the National (A). ‘‘(21)’’. Intelligence Estimates to distinguish On page 19, line 7, strike ‘‘(20)’’ and insert (3)(A) The purpose of an evaluation of an ‘‘(22)’’. estimate or document under this subsection between the intelligence underlying es- On page 31, line 1, strike ‘‘112(a)(16)’’ and shall be to provide an independent analysis timates and the judgments of analysts insert ‘‘112(a)(18)’’. of any underlying facts, assumptions, and about the intelligence itself. The bill On page 49, line 13, insert ‘‘, and each other recommendations contained in such esti- also requires that the estimates de- National Intelligence Council product’’ after mate or document and to present alternative scribe the quality and reliability of the ‘‘paragraph (1)’’. conclusions, if any, arising from such facts intelligence underlying the analytical On page 49, line 15, insert ‘‘or product’’ or assumptions or with respect to such rec- judgments, present and explain alter- ommendations. after ‘‘estimate’’. native conclusions, and characterize On page 49, line 17, insert ‘‘or product’’ (B) In order to meet the purpose set forth after ‘‘estimate’’. in subparagraph (A), the Office shall, unless any uncertainties. Our amendment On page 49, line 19, insert ‘‘or product’’ otherwise directed by the President, have ac- builds upon this important reform in after ‘‘estimate’’. cess to all analytic products, field reports, two ways. On page 49, line 22, strike ‘‘such estimate and raw intelligence of any element of the First, our amendment applies these and such estimate’’ and insert ‘‘such esti- intelligence community and such other re- reforms not only to National Intel- mate or product and such estimate or prod- ports and information as the Director con- ligence Estimates, to which they are uct, as the case may be’’. siders appropriate. currently limited, but also to other an- On page 49, line 24, insert ‘‘or product’’ (4) The evaluation of an estimate or document under this subsection shall be known alytical products of the National Intel- after ‘‘estimate’’. ligence Council, which is the senior On page 51, between lines 5 and 6, insert as a ‘‘OAA analysis’’ of such estimate or doc- the following: ument. group made up of intelligence people (i) NATIONAL INTELLIGENCE COUNCIL PROD- (5) Each estimate or document covered by and people from public and private sec- UCT.—For purposes of this section, the term an evaluation under this subsection shall in- tors—the senior group. ‘‘National Intelligence Council product’’ include an appendix that contains the findings Second, our amendment will institu- cludes a National Intelligence Estimate and and conclusions of the Office with respect to tionalize a method of ensuring that an any other intelligence community assess- the estimate or document, as the case may alternative analysis is used in the prep- ment that sets forth the judgment of the in- be, based upon the evaluation of the esti- aration of National Intelligence Esti- mate or document, as the case may be, by telligence community as a whole on a matter mates and is available to policymakers covered by such product. the Office under this subsection. On page 56, line 20, strike ‘‘(15) and (16)’’ (6) The results of each evaluation of an es- reviewing the estimates so they get the and insert ‘‘(17) and (18)’’. timate or document under this subsection full picture. On page 87, line 16, strike ‘‘and’’ at the end. shall be submitted to the congressional in- It does this by providing for the es- On page 87, between lines 16 and 17, insert telligence committees. tablishment within the national intel- the following: On page 194, line 9, strike ‘‘112(a)(11)’’ and ligence authority of an office of alter- (D) conduct, or recomend to the National insert ‘‘112(a)(14)’’. native analysis, whose head will be ap- Intelligence Director to direct an element or On page 195, line 16, strike ‘‘112(a)(11)’’ and pointed by the national intelligence di- insert ‘‘112(a)(14)’’. elements of the intelligence community to rector. The national intelligence direc- conduct, competitive analyses of intelligence On page 195, line 23, strike ‘‘112(a)(11)’’ and products relating to suspected terrorists, insert ‘‘112(a)(14)’’. tor is required to ensure the independ- their organizations, and their capabilities, On page 196, line 7, strike ‘‘112(a)(11)’’ and ence of the office of alternative anal- plans, and intentions, particularly products insert ‘‘112(a)(14)’’. ysis. The unit is directed to review having national importance; Mr. ROCKEFELLER. Mr. President, I every National Intelligence Estimate, (E) implement policies and procedures to rise to offer, along with Senator and any other intelligence report des- encourage coordination by all elements of HUTCHISON, and also Senator ROBERTS ignated pursuant to guidelines estab- the intelligence community that conduct and Senator MIKULSKI, this amend- lished by the director. analysis of intelligence regarding terrorism ment. I will explain it in further detail. The important purpose of the Rocke- of all Directorate products of national im- But the main objective of our amend- feller-Hutchison bill is the following: portance and, as appropriate, other products, before their final dissemination; and ment is to institutionalize much need- To thoroughly examine all facts, all as- On page 87, line 17, strike ‘‘(D)’’ and insert ed reform, based upon our recent expe- sumptions, analytical methods, and ‘‘(F)’’. rience, which is, namely, the practice judgments used in the estimate—in On page 96, line 16, strike ‘‘foreign’’. of alternative analysis, or, as we say, other words, the ability to question, to S10040 CONGRESSIONAL RECORD — SENATE September 30, 2004 be a contrarian, to dig deeper, to ask is provided for alternative ideas and and subjected to the competition of questions that otherwise and here- recommendations. The end result is an ideas. This amendment makes that tofore have not been asked. To make office which will perform what many basic approach even stronger. sure that the alternative analysis is refer to as ‘‘red teaming’’ that is so im- I thank our friends for all they have available to policymakers, our amend- portant to an effective intelligence done. Senator ROCKEFELLER, again, if I ment also requires that each National network. haven’t said it on the floor, has been a Intelligence Estimate or other product When Dr. Henry Kissinger testified tremendous contributor to our effort. I that is subject to an alternative anal- before the Appropriations Committee, thank him for all the support he has ysis include the alternative analysis in of which I am a member, he said, par- given. its appendix. ticularly with the consolidation of in- The PRESIDING OFFICER. Is there While our Intelligence Committee’s telligence oversight, you have to make further debate on amendment No. 3815? Iraq review did not include committee sure that you have some way of finding If not, without objection, the amend- recommendations, I can assure our col- out if there were different conclusions ment is agreed to. leagues of the widespread support with- reached with the same or even other The amendment (No. 3815) was agreed in our committee of the importance of extraneous material. to. alternative analysis or ‘‘red teaming’’ We had the challenge of making sure AMENDMENT NO. 3942 as it is called informally. It remains that the competition of ideas was not Mr. LIEBERMAN. Mr. President, I important for the body of the National lost. I believe the Rockefeller- have an amendment which I send to Intelligence Estimate to state dissent Hutchison amendment does exactly the desk at this time. from within the intelligence commu- that. The PRESIDING OFFICER. Without nity. But beyond that, it is vital for a I thank the Senator from West Vir- objection, the pending amendment is dedicated group of analysts to examine ginia, Mr. ROCKEFELLER. I appreciate set aside. all aspects of an estimate—data, as- Senator ROBERTS also working with us Without objection, the amendment is sumptions, analytic methods, and judg- on this, and Senator MIKULSKI. Senator in order, and the clerk will report. ments. KYL was interested in this as well. Ev- The assistant legislative clerk read The ultimate objective is to enable eryone came together, and I think the as follows: the National Intelligence Council per- result will be an office which is able to The Senator from Connecticut [Mr. sonnel, the national intelligence direc- quickly adapt to terrorist threats. It LIEBERMAN], for himself, Mr. MCCAIN, and tor, and the executive and legislative will be an office of alternative intel- Mr. BAYH, proposes an amendment numbered 3942. branch policymakers to appraise the ligence analysis that will be able to intelligence community’s analysis on challenge the assumptions and make Mr. LIEBERMAN. Mr. President, I matters central to our national secu- sure that our highest policymakers, in- ask unanimous consent that reading of rity. cluding the President of the United the amendment be dispensed with. The PRESIDING OFFICER. Without I would like to express my special ap- States, have access to this alternative objection, it is so ordered. preciation to Senator HUTCHISON who analysis so that he will be able to (The amendment is printed in today’s has been working on this for a long make the very best decisions. RECORD under ‘‘Text of Amendments.’’) time and had a similar amendment. I thank the distinguished chairman Mr. LIEBERMAN. Mr. President, I Our staffs worked flawlessly together. and ranking member of the committee. rise with Senator MCCAIN to offer this Senator ROBERTS, chairman of the full I thank Senator ROCKEFELLER. I think amendment that takes the fight Intelligence Committee, also had a re- we have a wonderful approach, a won- against terrorism right to where they lated amendment making it clear that derful amendment that will add greatly live—right to their front lines. the national intelligence director is re- to the bill and the goal we are all try- This amendment says we will iden- sponsible for ensuring competitive ing to reach of a quality intelligence tify terrorist havens and—working analysis throughout the intelligence product with which our President and with our allies—we will break them up community. I thank both Senators for our Secretary of State, Secretary of and keep them on the run. their contribution. Defense can make decisions. They will have no peace, no rest, no I also wish to express my apprecia- I yield the floor and urge adoption of time to settle in and plot destruction. tion to Congresswoman JANE HARMAN the amendment. This amendment also says we will at- for developing in the House an alter- The PRESIDING OFFICER. The Sen- tack and cut their most vital supply native analysis proposal from which we ator from Maine. line—the disaffected young who serve have benefited preparing this amend- Ms. COLLINS. Mr. President, I com- as recruits. ment. mend Senator ROCKEFELLER and Sen- We will do this by showing the Mus- I hope the Rockefeller-Hutchison ator HUTCHISON for their amendment to lim world—especially the young—that amendment is acceptable. improve the quality of intelligence we believe in and can help them I yield to the distinguished Senator analysis by creating a red team. Both achieve their dreams of living in a 21st from the State of Texas. of them talked to me very early on century world that still respects the The PRESIDING OFFICER. The Sen- about the need for this improvement in tenets of Islam. ator from Texas. our bill. Senator ROBERTS and Senator These goals are a challenge. But if we Mrs. HUTCHISON. Mr. President, I MIKULSKI have also been very inter- succeed—and we must—this generation thank Senator ROCKEFELLER for work- ested in this issue. I am very pleased will see the calls to jihad fade and the ing with me on this amendment. We they have been able to come together. global chorus celebrating our shared had very similar amendments that They have produced an excellent humanity and peaceful futures grow. both of us filed independently and our amendment that will improve the qual- Let us start with the challenge of staffs got together with the distin- ity of intelligence analysis. eliminating terrorist sanctuaries and guished chairman of the Governmental I also urge adoption of the amend- their sense of safety. Affairs Committee, Senator COLLINS, ment. As the 9/11 Commission reported, ter- and the ranking member, Senator The PRESIDING OFFICER. The Sen- rorist cells stretch from Afghanistan LIEBERMAN, and I think we have come ator from Connecticut. right into the major cities of Europe. up with a comprehensive approach to Mr. LIEBERMAN. Mr. President, I And as 9/11 proved, into the United competitive analysis. It is something thank our colleagues from West Vir- States as well. the majority of people who have served ginia, Texas, and Kansas for this To fight and win this war, we need to on the Intelligence Committee know is amendment. It has been a priority of identify these pockets of terrorist desperately needed. Particularly as we our focus, Senator COLLINS and mine sanctuaries and, working with other are consolidating agencies and trying and the committee, to make sure that nations, develop strategies that in the to make our agencies mesh better to- intelligence is not only coordinated by words of the Commission: gether. It is very important that we the national intelligence director and Keep possible terrorists insecure and on keep the competition of ideas, chal- the dots are connected, but that intel- the run using all instruments of national lenge assumptions, and ensure a forum ligence be high quality and objective power. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10041 The Commission did identify specific But it doesn’t matter if we don’t ef- On page 119, strike lines 16 through 18 and countries where we should concentrate fectively communicate that vision. insert: ‘‘The National Intelligence Director our immediate efforts and I would like This amendment says we must im- shall convene regular meetings of the Joint to focus on two of them. prove our mass communications efforts Intelligence Community Council.’’. ‘‘(e) ADVICE AND OPINIONS OF MEMBERS One is Afghanistan. This almost goes with the Muslim world through sus- OTHER THAN CHAIRMAN.—(1) A member of the without saying. tained and well-funded broadcast ef- Joint Intelligence Community Council This is where al-Qaida trained its forts on satellite television and radio. (other than the Chairman) may submit to killers. This is where the 9/11 plot was That is a good start. But this can’t the Chairman advice or an opinion in dis- hatched. This is where the tyrannical just be an air war. Minds are won over agreement with, or advice or an opinion in Taliban rulers enslaved an entire na- more by actions than words. addition to, the advice presented by the Na- tion except for those who plotted glob- And this amendment looks to engage tional Intelligence Director to the President al destruction. the minds of Muslim youth by rebuild- or the National Security Council, in the role ing scholarship, student exchange and of the Chairman as Chairman of the Joint In- This amendment says that Congress telligence Community Council. If a member needs to authorize the aid and support library programs. It also calls for establishing an Inter- submits such advice or opinion, the Chair- necessary for the entire Afghan nation man shall present the advice or opinion of to finally realize its freedom, which is national Youth Opportunity Fund— such member at the same time the Chairman so close but still so fragile. that other nations would be asked to presents the advice of the Chairman to the At this stage, half measures in Af- contribute to—that would help build President or the National Security Council, ghanistan are the same as throwing a and operate primary and secondary as the case may be. five-foot rope to someone drowning 10 schools in Muslim nations committed ‘‘(2) The Chairman shall establish procedures to ensure that the presentation of the feet away. We can’t let that happen. to public education. Why do this? Because most of these advice of the Chairman to the President or Another country identified by the the National Security Council is not unduly Commission was Pakistan. nations are too poor to pay for public education. delayed by reason of the submission of the In the immediate aftermath of 9/11, individual advice or opinion of another mem- Instead, students attend Madrassahs the Pakistani government made the ber of the Council. that far too often are classrooms where choice to stand with us in the fight ‘‘(f) RECOMMENDATIONS TO CONGRESS.—Any hatred is taught and bigotry affirmed. against terrorism at great risk to the member of the Joint Intelligence Commu- Consider this: In Karachi, Pakistan, stability of the nation and the lives of nity Council may make such recommenda- 200,000 students attend Madrassahs; tions to Congress relating to the intelligence its leaders. 200,000 in one city alone. Multiply that community as such member considers appro- We have no choice but to stand by over the entire Muslim world. We can’t priate.’’. them. possibly keep up with those numbers Mr. WARNER. Let me explain the Pakistan may be an imperfect ally at year after year. modification. The original text re- times. But they have been a loyal The challenges ahead of us are quired that the national intelligence ally—committing troops on their own daunting. But with this amendment we director, in his capacity as chairman of frontiers to hunt down al-Qaida fight- say that we are ready and willing to go the to-be-created joint intelligence ers and denying them safe bases. to the front lines of the terrorist world community council that was part of This amendment says we not only and take away the sanctuaries where the President’s message, originally I need to maintain our current financial they hide—and take back the minds had it that he would have monthly support of Pakistan, but let the Paki- that they steal. meetings of the council or meetings stanis know we are making a long-term This is another in a series of amend- upon the request of the members of the commitment to the future of their na- ments that Senator MCCAIN and I have council. But I think it more appro- tion. offered to carry out the recommenda- priate that that be modified, which has They need to know they have our tions of the 9/11 Commission. This one now been done, such that the amend- support for as long as they remain true has to do with recommendations they ment will read: Strike that paragraph to their goals of defeating domestic ex- have made with regard to foreign pol- and in its place put the national intel- tremists, promoting a civil society and icy. It has been cleared on both sides. I ligence director shall convene regular preserving the hope of Pakistani de- urge its adoption. meetings of the joint intelligence com- mocracy that can become another bea- The PRESIDING OFFICER. Is there munity council. And then I will address con for the Muslin world in the years further debate? the balance of the amendment. to come. If not, without objection, the amend- It has been my concern, and I think Just imagine if one of the outcomes ment is agreed to. from a fair reading of the 9/11 Commis- of the global war against terrorism was The amendment (No. 3942) was agreed sion report, that we have to keep the stable democracies in Afghanistan, to. views of those individuals primarily re- Pakistan, and Iraq. Mr. LIEBERMAN. I thank the Chair. sponsible for the collection, dissemina- This goal is within our grasp. It is AMENDMENT NO. 3781, AS MODIFIED tion, and analysis of intelligence, those within our means. Only our vision can The PRESIDING OFFICER. The Sen- individuals who are on, incidentally, fail us now. ator from Virginia. the council, who are your principal And vision—long-term vision—is Mr. WARNER. Mr. President, I ask Cabinet officers—and that is the Secre- what we will need to fulfill the second the Senate to turn to the consideration taries of State, Defense, Homeland Se- part of the strategy outlined in this of amendment No. 3781 which is pend- curity, Energy, Treasury, and the At- amendment. ing at the desk. torney General—those individuals from We must win over the minds of the The PRESIDING OFFICER. Without time to time could develop positions Muslim world, especially the young, by objection, it will be the pending busi- regarding an intelligence issue which reaching out and talking to them in ness. are at variance with the national intel- ways we never have before. Mr. WARNER. Mr. President, I send ligence director. Let me pose a question the 9/11 Com- to the desk a modification of the That collection of Cabinet officers is mission asked. amendment. a vast array of individuals who will be How can a man hiding in a cave be The PRESIDING OFFICER. Is there working on issues of intelligence, col- communicating more effectively with objection to the modification or has laborating with other agencies. From the Muslim world than the nation that the modification been cleared by the time to time, I am of the opinion that invented mass media and the Internet? leader? one or more of the members of the The 9/11 Commission report said: Mr. WARNER. My understanding is the modification is accepted by the council might well have opinions that To Muslim parents, terrorists like bin are at variance with the national intel- Laden have nothing to offer their children managers. but visions of violence and death. The PRESIDING OFFICER. The ligence director, and that when the na- America and its friends have a crucial ad- amendment is so modified. tional intelligence director goes to vantage. We can offer these parents a vision The amendment, as modified, is as brief the President, there should be an that gives their children a better future. follows: obligation in law—I feel that strongly S10042 CONGRESSIONAL RECORD — SENATE September 30, 2004 about it—that those opinions at vari- dressing. That has been a very effective Mr. WARNER. It happened on mine ance with the national intelligence di- piece of legislation. when I was in the Department of De- rector must be given to the President This amendment is patterned almost fense. and such others who may be in attend- verbatim after, and consistent with, Mr. STEVENS. Some people don’t be- ance at the time the national intel- the Goldwater-Nichols Act. Fre- lieve this language is necessary. Would ligence director presents his or, as the quently, the 9/11 Commission, quite the Senator agree if there is going to case may be, her viewpoint. properly, paid a great deal of respect to be the right to communicate, to go up The strength of our intelligence sys- that piece of legislation. the line toward the President or to the tem has to be predicated on competi- In concluding my remarks—and I Congress, it has to be in the law? Peo- tion of thinking. I have always liked have worked on this, but I have not ple’s rights have to be protected to the word that the 9/11 Commission found a solution yet—this Senator is contact us? seized upon, ‘‘imagination.’’ It seems concerned about the future of the Cen- (Mr. CORNYN assumed the Chair.) to me that type of competition and tral Intelligence Agency as an organi- Mr. WARNER. Mr. President, I think imagination is likely to develop better zation and the role of the head of that it does, and that is why I have put in if we have the certainty that the view- agency—now our former distinguished this paragraph, which is very explicit. points the President receives from the former colleague, Porter Goss. Therein This paragraph relates to the members national intelligence director are not resides an enormous wealth of profes- of the Joint Intelligence Community held by one or more of the members of sional people in all the nations of the Council, which I enumerated before as that council, but that the President world, in one way or another, who have the several Cabinet officers—Secre- will receive the benefit of the other come up through the ranks, training taries of State, Defense, Homeland Se- viewpoints. I think that system has to and taking risks, often commensurate curity, Energy, and the Attorney Gen- be made and put into law. It is so vi- with the risks the men and women of eral. Mr. STEVENS. Mr. President, if the tally important because, for example, the Armed Forces take, often with long Senator will yield once more, I sort of as a member of the Intelligence Com- separations from their families in some feel we have to put some meat on the mittee, when we examined, in exten- of the more difficult posts in the world. bones of this commission a little bit as sive hearings conducted by Chairman All of that infrastructure is going to we go along to allow the Secretaries of ROBERTS and Vice Chairman ROCKE- remain under the Director of the CIA, the whole community to participate in FELLER, the issue of weapons of mass who will now report no longer directly the process—budget, management, and destruction—and the conclusion that is to the President but to the concept of oversight. Will not the amendment of being reached is that there was a sub- the new national intelligence director. the Senator from Virginia strengthen stantial variance between the intel- That has been decided. oversight by giving the people involved ligence opinions and what is evolving I may eventually come up with the in oversight the chance to hear the dis- as the actual, factual situation—it ap- solution. I am trying to figure out how, senting opinions as well as the opinion pears that the caveats were not given if the Director of the CIA has a view of the NID? the proper emphasis by people, from that is held strongly, and it is at vari- Mr. WARNER. The Senator is cor- the President on down, as they re- ance with the viewpoint of the national rect, Mr. President. viewed the work of the various intel- intelligence director, how that view Mr. STEVENS. I thank the Senator. ligence-collecting agencies. can be properly emphasized and given Mr. WARNER. The Senator is cor- For example, the CIA had its posi- to the President and such other per- rect. tion. From time to time, the Depart- sons as the NID will be addressing. I yield the floor for a moment for the ment of Energy had opinions at vari- Mr. STEVENS. Will the Senator from purpose of receiving the distinguished ance with the CIA. At times, there Virginia yield for a question? chairman’s views on this matter. were opinions of the DIA, the Defense Mr. WARNER. Yes. The PRESIDING OFFICER. The Sen- Intelligence Agency, which were at Mr. STEVENS. Mr. President, I am a ator from Maine. variance with the opinions of other de- cosponsor of this amendment. As I lis- Ms. COLLINS. Mr. President, let me partments and agencies. I think it is ten to the Senator from Virginia, I begin by saying that I very much ap- essential. Those caveats, in the case of wonder, I don’t see anything in this bill preciate the distinguished Senator weapons of mass destruction—I will use that allows the separate agencies to from Virginia, the chairman of the the phrase that they were not given the communicate with the Congress, as Senate Armed Services Committee, emphasis that was needed. That is a they have in the past, such as the CIA working with Senator LIEBERMAN and whole chapter. It is all laid out in a and the NRO. They have all come di- me to modify his amendment so that it very extensive report developed by the rectly to us. Would your amendment is consistent with the goals of our leg- Intelligence Committee, which is now preserve the right of the people who islation. public record. would disagree with the NID to com- The JICC was suggested by the White This amendment, hopefully, will go a municate with the Congress, as well as House when we drafted our bill. I view long way to ensure that diverse opin- the Executive? it as an important component of the ions will be given to our President. Mr. WARNER. Yes. My last section, Collins-Lieberman bill because it pro- That is the thrust of it. It is patterned recommendations to Congress, says: vides a forum for the national intel- after the Goldwater-Nichols Act—a Any member of the Joint Intelligence ligence director to solicit the views of piece of legislation on which I was priv- Community Council may make such rec- and to receive advice from key Cabinet ileged to have a very active role, en- ommendation to Congress relating to the in- members on a wide variety of issues. acted by the Congress in the late telligence community as such member con- It is important for the members of 1980s—which organized some elements siders appropriate. the JICC—the Secretaries of State, De- of the Department of Defense and, So in this particular law is specific fense, Homeland Security, and the At- most specifically, the joint staff. authority for those Cabinet officers torney General, and other Depart- Mr. President, the act said that when and others to come directly to the Con- ments, Treasury as well—to see the the Chairman of the Joint Staff meets gress. I am glad my colleague brought council as a way to communicate their with the President of the United that up. views freely to the NID to help the NID States, if there were members of the Mr. STEVENS. Will the Senator reach the right decisions and to be a Joint Chiefs—i.e., Chief of Staff of the yield for another question? forum for a wide variety of issues. Army, Chief of Naval Operations, Chief Mr. WARNER. Yes. It is also important for the NID to re- of Staff of the Air Force, Commandant Mr. STEVENS. The Senator from main firmly in control as chairman of of the Marine Corps—who held opinions Virginia and I both served for a while the council, and I believe the modifica- at variance with the Chairman, the in the executive branch. We know Cabi- tion makes clear that it is the NID who Chairman was obligated under law to net officers often put down in the law is the chairman and who will regularly share those opinions with the Presi- about who can contact Congress on convene this council. dent and such others as the Chairman what. I don’t know if it happened on Senator WARNER’s amendment, as of the Joint Chiefs of Staff was ad- your watch. It happened on mine. modified, meets both those goals. It September 30, 2004 CONGRESSIONAL RECORD — SENATE S10043 strengthens the bill. I can speak on be- There is widespread consensus that is ed to focus on this one individual, the half of the ranking member of the com- too much for the CIA Director to have, CIA Director, who, as the Senator mittee in urging its adoption. I thank so our legislation alters those roles. knows, under previous Presidents, and the Senator again for working with us. The CIA Director would run the CIA. certainly President Bush, was in his of- Mr. WARNER. Mr. President, I thank The national intelligence director fice one way or another almost every my distinguished friend and colleague, would not run the day-to-day oper- day of the week working with him. the manager. Might I solicit her views ations of the CIA, but the national in- The CIA Director had this—I under- on the concern I have—and I have not telligence director would become the stand all of these responsibilities may figured out how to do it. The views of principal adviser to the President on be too much for one individual and I the Secretaries of State and Defense intelligence. The national intelligence am not arguing about shifting that at are very important because they have director would also be the manager of the moment, but I am talking about their own internal intelligence func- the national intelligence programs. So this magnificent collection of individ- tions and they are subjected to this, we have defined those roles in that uals—and he is the boss—who take all particularly those two Cabinet officers, manner, but we have not altered the of these risks together, collect and on a daily basis. fact that the CIA Director would still analyze and develop opinions and it The Director of the CIA will report to be a Presidential appointee, he would comes up to him and he may form a the national intelligence director. The still be confirmed by the Senate, and view which is totally opposite to the national intelligence director—I do not he would still have lots of access, in NID, and the NID goes into the Presi- know quite what the infrastructure my view, just as Cabinet members are dent. I have guaranteed here that the will be. It is conceived, as the Senator always going to be able to get their Cabinet officers have the right to have from Maine said earlier today and sev- views to the President. their views presented simultaneously, eral times, that she is not creating a I think the structure the Senator has one view after another, to the Presi- whole new department. But the CIA Di- improved, the joint intelligence com- dent, but I am not satisfied yet that rector will remain in charge of what I munity council, strengthens that flow the views of the CIA Director, which say is the most magnificent reservoir of communication, but that structure could well be different than the anal- of professionals to be found anywhere is there. I do not believe that is going ysis and conclusion of the NID, would in the world. I cannot give, because of to be a problem. be given to the President with the classification, the numbers, but it is in I also point out to the Senator that weight and sufficiency I think they the tens of thousands of these individ- the Senator made an excellent point merit. uals all over the world. The CIA Direc- earlier when he was talking about the Ms. COLLINS. I am certainly open to tor has instantaneous contact with need for competitive analysis for a va- working with the distinguished Sen- them and personal association as he riety of viewpoints to be presented to ator to address his concerns. I believe travels—or she, as the case may be— the President and that we did not see it would work similarly to how the worldwide. It is a network of these in- that work as well as it should have in views of the head of the NSA, the NRO, telligence people who have knowledge recent cases. the NGA, and DIA get to the President that comes back up to the Director. He We have put in extensive language in now through the Secretary of Defense. is hands on. The NID will not have that our bill due to amendments authored Under our bill, the CIA Director hands-on experience, cannot possibly by Senator LEVIN, as well as the work clearly reports to the NID, much as the because he has so much to manage. Senator LIEBERMAN and I and others head of the NSA reports to the Sec- One of the reasons for this legislation have done, that makes very clear, for retary of Defense. Nothing prevents the is to split off the functions of the example, that when a National Intel- CIA Director or the NSA Director from former head of the CIA, the Director of ligence Estimate is produced, that it going to the President, but we have the whole Central Intelligence, and to has to highlight dissenting views. That changed the structure. give those responsibilities, as it relates does not happen now sufficiently. Often We are making the NID the principal to the national collection of the intel- those dissenting views are hidden away adviser to the President for intelligence program, portions of it to the in a footnote when they really should ligence, but I cannot conceive of a situ- NID to operate now, leaving the Direc- be up front for us to be aware that ation where the NID would not be rely- tor of the CIA to manage primarily there are dissenting views and who has ing very heavily on the CIA Director that agency. those dissenting views. for the advice that he is giving to the Supposing the Director of the CIA Another example: We require these President. It would be foolhardy for has a strongly held opinion and view- estimates to have a confidence level at- him not to. point which is at variance with the na- tached to the prevailing view so we will Mr. WARNER. I see the Senator’s tional intelligence director, but when know how much support that pre- point. The Senator put out a very clear the national intelligence director goes vailing view has. example of the NRO, the NSA, the old in to brief the President and the Secu- So throughout our bill there are re- mapping agency, they report to the rity Council, in all likelihood the Di- quirements to make sure that dis- SECDEF—we have just given the rector of the CIA will be at Langley. I senting views are heard. Indeed, the SECDEF the right to have his views am not certain how that varying opin- Rockefeller-Hutchinson amendment we presented simultaneously if they are at ion is given to the President and the just adopted also strengthens that by variance with the NID at the time he other structure at the White House and having the office of alternative anal- meets with the President. That is not the other Cabinet officers who may be ysis. So I think there are numerous present in the Central Intelligence present—for instance, at the meetings safeguards to make sure that all voices Agency. If those views vary, there is no of the council, how that opinion can be are heard; that competitive analysis is obligation under the law to see that expressed. I have not thought of it. strengthened; that dissenting views are they are presented simultaneously. Maybe the chairman and I can work on highlighted. The Senator says she cannot envision this in the few days remaining on this Mr. WARNER. Mr. President, all how they would not be. Well, it depends bill. But I am concerned about it. along I have expressed complete con- on the human factor, that these two in- Ms. COLLINS. Mr. President, I would currence in what the Senator has done dividuals would get along and have a be happy to consult further with the in this bill to the extent the Senator mutual respect. I can remember in my Senator about his concern in this area. and I have looked at various sections. I first term on the Intelligence Com- I note that the 9/11 Commission and nu- may have reservations about others mittee, there was a very colorful Direc- merous other commissions have deter- and tomorrow I hope to engage with tor of the CIA, Mr. Casey. He was an mined that the CIA Director has too the Senator on a number of amend- extraordinary man. I remember he used many roles right now; that he has ments. to come in and testify before the com- three roles. He is the principal adviser As to the basic charter that the Sen- mittee. All the members would lean up to the President for intelligence, he is ator outlined in her opening remarks, I like this because they could not under- the head of the CIA, and he is the man- am not going to at this time in any stand him, to be honest. He spoke in a ager of the intelligence community. way indicate an objection. I just want- rather unusual way. I think he did that S10044 CONGRESSIONAL RECORD — SENATE September 30, 2004 to get through his testimony pretty particularly on an issue that is so im- (b) ADDITIONAL ANNUAL REPORTING RE- quickly and get out of that hearing portant to our Nation’s security. QUIREMENTS UNDER THE FOREIGN INTEL- room. I am trying to put a note of I suggest the absence of a quorum. LIGENCE SURVEILLANCE ACT OF 1978.— humor into some serious things, but let The PRESIDING OFFICER. The (1) ADDITIONAL REPORTING REQUIREMENTS.— The Foreign Intelligence Surveillance Act of us hope the Senator is right that as clerk will call the roll. 1978 (50 U.S.C. 1801 et seq.) is amended— this law goes forward those individuals The assistant legislative clerk pro- (A) by redesignating— entrusted, the NID and CIA Director, ceeded to call the roll. (i) title VI as title VII; and can have a mutual respect and a mu- Mr. REID. Mr. President, I ask unan- (ii) section 601 as section 701; and tual professional bond that will enable imous consent that the order for the (B) by inserting after title V the following the views of the CIA Director to be quorum call be rescinded. new title VI: given to the President if they are at The PRESIDING OFFICER. Without ‘‘TITLE VI—REPORTING REQUIREMENT variance with the NID. That is left up objection, it is so ordered. ‘‘ANNUAL REPORT OF THE ATTORNEY GENERAL to the human quotient. This amend- Mr. REID. Mr. President, we are still ‘‘SEC. 601. (a) In addition to the reports re- ment, if adopted, puts it in law, not for on the bill being managed by Senators quired by sections 107, 108, 306, 406, and 502 in the CIA Director but for the other LIEBERMAN and COLLINS? April each year, the Attorney General shall members. The PRESIDING OFFICER. That is submit to the appropriate committees of Ms. COLLINS. I say to the distin- correct. Congress each year a report setting forth with respect to the one-year period ending guished Senator that I think the anal- Mr. REID. I ask unanimous consent on the date of such report— ogy is very similar. The Secretary of to lay aside any pending amendment. ‘‘(1) the aggregate number of non-United Defense is not required to present the The PRESIDING OFFICER. Without States persons targeted for orders issued views of the NSA to the President. I objection, it is so ordered. under this Act, including a break-down of think this works in a more collabo- Mr. REID. On behalf of Senator SCHU- those targeted for— rative way than we are giving the sys- MER, I ask unanimous consent it be in ‘‘(A) electronic surveillance under section tem credit for. order to call up eight amendments, and 105; We have to be careful, while we put after their reporting, they be set aside. ‘‘(B) physical searches under section 304; ‘‘(C) pen registers under section 402; and in all of these safeguards—and I sup- Senator SCHUMER understands these ‘‘(D) access to records under section 501; port the chairman’s amendment—that can be acted upon in different ways, ‘‘(2) the number of individuals covered by we do not create a situation where it is but we offer those on his behalf. He in- an order issued under this Act who were de- unclear who is the principal adviser to dicated to me that a number of these termined pursuant to activities authorized the President. And that, under our bill, he thinks will be accepted. This gives by this Act to have acted wholly alone in the is the national intelligence director. the staff a chance to look at them and activities covered by such order; Mr. WARNER. In no way do I wish to the manager can tell Senator SCHUMER ‘‘(3) the number of times that the Attorney in any way diminish the significance of which of those will not be accepted and General has authorized that information ob- the NID that is now being created pre- tained under this Act may be used in a he can come and debate those. criminal proceeding or any information de- sumably by law in the future. I think Ms. COLLINS. Mr. President, reserv- rived therefrom may be used in a criminal we have had a healthy discussion. I ap- ing the right to object, I ask the Demo- proceeding; and preciate the distinguished manager ac- cratic whip that those amendments be ‘‘(4) in a manner consistent with the pro- cepting this amendment, and I will interspersed with Republican amend- tection of the national security of the United continue to work on the Director of the ments. States— CIA issue which I continue to be con- Mr. REID. That is appropriate. I ‘‘(A) the portions of the documents and ap- cerned about. Maybe as a consequence modify my request that that be the plications filed with the courts established of this colloquy, those who might be under section 103 that include significant case. construction or interpretation of the provi- following it could come up with an The PRESIDING OFFICER. Without sions of this Act, not including the facts of idea. I hope they would communicate it objection, it is so ordered. any particular matter, which may be re- to me or to the distinguished chair- AMENDMENTS NOS. 3887 THROUGH 3894, EN BLOC dacted; man. Mr. REID. I call up amendments ‘‘(B) the portions of the opinions and or- If there is no further debate, I ask numbered 3887 to 3894, en bloc. ders of the courts established under section that the amendment be agreed to. 103 that include significant construction or The PRESIDING OFFICER. The interpretation of the provisions of this Act, I ask unanimous consent that the fol- clerk will report. lowing Senators be added as cosponsors not including the facts of any particular The assistant legislative clerk read matter, which may be redacted. to the amendment: Senators STEVENS, as follows: ‘‘(b) The first report under this section INOUYE, TALENT, ALLARD, DOLE, The Senator from Nevada [Mr. REID] for shall be submitted not later than six months CHAMBLISS, CORNYN, ENSIGN, and Mr. SCHUMER, proposes amendments num- after the date of the enactment of this Act. INHOFE. bered 3887 through 3894, en bloc. Subsequent reports under this section shall The PRESIDING OFFICER. Without be submitted annually thereafter. The amendments are as follows: objection, it is so ordered. ‘‘(c) In this section, the term ‘appropriate Is there further debate on the amend- AMENDMENT NO. 3887 committees of Congress’ means— ment? (Purpose: To amend the Foreign Intelligence ‘‘(1) the Select Committee on Intelligence and the Committee on the Judiciary of the If not, the question is on agreeing to Surveillance Act of 1978 to cover individuals, other than United States persons, Senate; and amendment No. 3781, as modified. ‘‘(2) the Permanent Select Committee on The amendment (No. 3781), as modi- who engage in international terrorism without affiliation with an international Intelligence and the Committee on the Judi- fied, was agreed to. terrorist group) ciary of the House of Representatives.’’. Mr. WARNER. Mr. President, I move (2) CLERICAL AMENDMENT.—The table of At the appropriate place, insert the fol- contents for that Act is amended by striking to reconsider the vote. lowing: Ms. COLLINS. I move to lay that mo- the items relating to title VI and inserting SEC. ll. AMENDMENTS TO FISA. tion on the table. the following new items: (a) TREATMENT OF NON-UNITED STATES PER- The motion to lay on the table was SONS WHO ENGAGE IN INTERNATIONAL TER- ‘‘TITLE VI—REPORTING REQUIREMENT agreed to. RORISM WITHOUT AFFILIATION WITH INTER- ‘‘Sec. 601. Annual report of the Attorney Mr. WARNER. I wish to express my NATIONAL TERRORIST GROUPS.— General. appreciation to the distinguished man- (1) IN GENERAL.—Section 101(b)(1) of the ‘‘TITLE VII—EFFECTIVE DATE ager. I look forward to rejoining her to- Foreign Intelligence Surveillance Act of 1978 ‘‘Sec. 701. Effective date.’’. (50 U.S.C. 1801(b)(1)) is amended by adding at morrow. Let us hope that those amend- AMENDMENT NO. 3888 ments that I bring forward largely with the end the following new subparagraph: ‘‘(C) engages in international terrorism or (Purpose: To establish the United States my colleague Mr. STEVENS will add to activities in preparation therefor; or’’. Homeland Security Signal Corps to ensure the strength of this bill. (2) SUNSET.—The amendment made by proper communications between law en- Ms. COLLINS. I thank the Senator paragraph (1) shall expire on the date that is forcement agencies) from Virginia for his contributions. It 5 years after the date of enactment of this At the appropriate place, insert the fol- is always a pleasure to work with him, section. lowing: September 30, 2004 CONGRESSIONAL RECORD — SENATE S10045 SEC. ll. U.S. HOMELAND SECURITY SIGNAL ‘‘(F) serve as models for other major met- (4) The Secretary of State designated CORPS. ropolitan areas across the Nation. Saudi Arabia a country of particular concern (a) SHORT TITLE.—This section may be ‘‘(3) TEAM CAPTAINS.—The mayor of New under section 402(b)(1)(A) of the Inter- cited as the ‘‘U.S. Homeland Security Signal York City and the District of Columbia shall national Religious Freedom Act of 1998 (22 Act of 2004’’. appoint team captains to command commu- U.S.C. 6442(b)(1)(A)) because the Government (b) HOMELAND SECURITY SIGNAL CORPS.— nications companies drawn from the per- of Saudi Arabia has engaged in or tolerated (1) IN GENERAL.—Title V of the Homeland sonnel described in paragraph (1). systematic, ongoing, and egregious viola- Security Act of 2002 (6 U.S.C. 311 et seq.) is ‘‘(4) TECHNICAL ASSISTANCE.—The Signal tions of religious freedom. amended by adding at the end the following: Corps Headquarters, located in Fort Mon- (5) The Department of State’s Inter- ‘‘SEC. 510. HOMELAND SECURITY SIGNAL CORPS. mouth, New Jersey, shall provide technical national Religious Freedom Report for 2004 ‘‘(a) ESTABLISHMENT.—There is established, assistance to the New York City Demonstra- concluded that religious freedom does not within the Directorate of Emergency Pre- tion Signal Corps. exist in Saudi Arabia. paredness and Response, a Homeland Secu- ‘‘(f) REPORTING REQUIREMENT.—Not later (6) The Ambassador-at-large for Inter- rity Signal Corps (referred to in this section than 1 year after the date of enactment of national Religious Freedom expressed con- as the ‘Signal Corps’). this section, and annually thereafter, the cern about Saudi Arabia’s export of religious ‘‘(b) PERSONNEL.—The Signal Corps shall Secretary shall submit a report, to the Com- be comprised of specially trained police offi- extremism and intolerance to other coun- mittee on the Judiciary and the Select Com- cers, firefighters, emergency medical techni- tries where religious freedom for Muslims is mittee on Intelligence of the Senate and the cians, and other emergency personnel. respected. Committee on the Judiciary and the Perma- ‘‘(c) RESPONSIBILITIES.—The Signal Corps (7) Historically, the Government of Saudi shall— nent Select Committee on Intelligence of the Arabia has allowed financiers of terrorism to ‘‘(1) ensure that first responders can com- House of Representatives, which outlines the operate within its borders. municate with one another, mobile com- progress of the Signal Corps in the preceding (8) The Government of Saudi Arabia stated mand centers, headquarters, and the public year and describes any problems, issues, or in February 2004 that it would establish a na- at disaster sites or in the event of a terrorist other impediments to effective communica- tional commission to combat terrorist fi- attack or a national crisis; tion between first responders in the event of nancing within Saudi Arabia, however, it has ‘‘(2) provide sufficient training and equip- a terrorist attack or a national crisis. not fulfilled that promise. ment for fire, police, and medical units to ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— (9) There have been no reports of the Gov- enable those units to deal with all threats ‘‘(1) DEMONSTRATION SIGNAL CORPS.—There ernment of Saudi Arabia pursuing the arrest, and contingencies in any environment; and are authorized to be appropriated $50,000,000 trial, or punishment of individuals who have ‘‘(3) secure joint-use equipment, such as for fiscal year 2005 to carry out subsection provided financial support for terrorist ac- telecommunications trucks, that can access (e). tivities. The laws of Saudi Arabia to combat surviving telephone land lines to supplement ‘‘(2) FISCAL YEARS 2006 THROUGH 2009.—There terrorist financing have not been fully im- communications access. are authorized to be appropriated $100,000,000 plemented. ‘‘(d) NATIONAL SIGNAL CORPS STANDARDS.— for each of the fiscal years 2006 through (b) COMMISSION ON THE UNITED STATES- The Signal Corps shall establish a set of 2008— SAUDI ARABIA RELATIONSHIP.— standard operating procedures, to be fol- ‘‘(A) to create signal corps in high ter- (1) ESTABLISHMENT.—There is established, lowed by signal corps throughout the United rorism threat areas throughout the United within the legislative branch, the National States, that will ensure that first responders States; and from each Federal, State, and local agency ‘‘(B) to carry out the mission of the Signal Commission on the United States-Saudi Ara- have the methods and means to commu- Corps to assist Federal, State, and local law bia Relationship (in this section referred to nicate with, or substitute for, first respond- enforcement agencies to effectively commu- as the ‘‘Commission’’). ers from other agencies in the event of a nicate with each other during a terrorism (2) PURPOSES.—The purposes of the Com- multi-state terrorist attack or a national event or a national crisis.’’. mission are to investigate, evaluate, and re- crisis. (2) TECHNICAL AMENDMENT.—Section 1(b) of port on— ‘‘(e) DEMONSTRATION SIGNAL CORPS.— the Homeland Security Act of 2002 (Public (A) the current status and activities of dip- ‘‘(1) IN GENERAL.—The Secretary shall es- Law 107–296) is amended by inserting after lomatic relations between the Government tablish demonstration signal corps in New the item relating to section 509 the fol- of the United States and the Government of York City, and in the District of Columbia, lowing: Saudi Arabia; (B) the degree of cooperation exhibited by consisting of specially trained law enforce- ‘‘Sec. 510. Homeland Security Signal the Government of Saudi Arabia toward the ment and other personnel. The New York Corps.’’. City Signal Demonstration Corps shall con- Government of the United States in relation AMENDMENT NO. 3889 sist of personnel from the New York Police to intelligence, security cooperation, and the Department, the Fire Department of New (Purpose: To establish a National Commis- fight against Islamist terrorism; York, the Port Authority of New York and sion on the United States-Saudi Arabia Re- (C) the status of the support provided by New Jersey, and other appropriate Federal, lationship) the Government of Saudi Arabia to promote State, regional, or local personnel. The Dis- At the appropriate place, insert the fol- the dissemination of Wahabbism; and trict of Columbia Signal Corps shall consist lowing new section: (D) the efforts of the Government of Saudi of specially trained personnel from all appro- SEC. ll. COMMISSION ON THE UNITED STATES- Arabia to enact domestic measures to curtail priate Federal, State, regional, and local law SAUDI ARABIA RELATIONSHIP. terrorist financing. enforcement personnel in Washington, D.C., (a) FINDINGS.—Congress makes the fol- (3) AUTHORITY.—The Commission is author- including from the Metropolitan Police De- lowing findings: ized to carry out purposes described in para- partment. (1) Despite improvements in counter- graph (2). ‘‘(2) RESPONSIBILITIES.—The demonstration terrorism cooperation between the Govern- (c) COMPOSITION OF COMMISSION.—The Com- signal corps established under this sub- ments of the United States and Saudi Arabia mission shall be composed of 10 members, as section shall— following the terrorist attacks in Riyadh, follows: ‘‘(A) ensure that ‘best of breed’ military Saudi Arabia on May 12, 2003, the relation- (1) Two members appointed by the Presi- communications technology is identified and ship between the United States and Saudi dent, one of whom the President shall des- secured for first responders; Arabia continues to be problematic in regard ignate as the chairman of the Commission. ‘‘(B) ensure communications connectivity to combating Islamic extremism. (2) Two members appointed by the Speaker between the New York Police Department, (2) The Government of Saudi Arabia has of the House of Representatives. the Fire Department of New York, and other not always responded promptly and fully to (3) Two members appointed by the minor- appropriate Federal, State, regional, and United States requests for assistance in the local law enforcement personnel in the met- global war on Islamist terrorism. Examples ity leader of the House of Representatives. ropolitan New York City area; of this lack of cooperation have included an (4) Two members appointed by the major- ‘‘(C) identify the means of communication unwillingness to provide the United States ity leader of the Senate. that work best in New York’s tunnels, sky- Government with access to individuals want- (5) Two members appointed by the minor- scrapers, and subways to maintain commu- ed for questioning in relation to terrorist ity leader of the Senate. nications redundancy; acts and to assist in investigations of ter- (d) REPORT.—Not later that 270 days after ‘‘(D) ensure communications connectivity rorist activities. the date of the enactment of this Act, the between the Capitol Police, the Metropolitan (3) The state religion of Saudi Arabia, a Commission shall submit to the President Police Department, and other appropriate militant and exclusionary form of Islam and Congress a report on the relationship be- Federal, State, regional, and local law en- known as Wahhabism, preaches violence tween the United States and Saudi Arabia. forcement personnel in the metropolitan against nonbelievers or infidels and serves as The report shall include the recommenda- Washington, D.C. area; the religious basis for Osama Bin Laden and tions of the Commission to— ‘‘(E) identify the means of communication al Qaeda. Through support for madrassas, (1) increase the transparency of diplomatic that work best in Washington, D.C.’s office mosques, cultural centers, and other entities relations between the Government of the buildings, tunnels, and subway system to Saudi Arabia has actively supported the United States and the Government of Saudi maintain communications redundancy; and spread of this religious sect. Arabia; S10046 CONGRESSIONAL RECORD — SENATE September 30, 2004 (2) improve cooperation between Govern- States with the highest daily rate of pas- document identification standards for mul- ment of the United States and the Govern- senger traffic be equipped with a sufficient tiple immutable physical characteristics, ment of Saudi Arabia in efforts to share in- number of wall-mounted and ceiling-mount- such as fingerprints and eye retinas, to be telligence information related to the war on ed radiological, biological, chemical, and ex- employed on such visas and other travel and terror; plosive detectors to provide coverage of the entry documents.’’. (3) curtail the support and dissemination of entire passenger area of such station. (b) CONSULTATION REQUIREMENTS.—Such Wahabbism by the Government of Saudi Ara- (b) USE OF THREAT DETECTORS REQUIRED ON section is further amended— bia; CERTAIN TRAINS.—The Secretary of Home- (1) in paragraph (2)(A), by striking ‘‘in con- (4) enhance the efforts of the Government land Security shall require that, not later sultation with the Secretary of State’’ and of Saudi Arabia to combat terrorist financ- than 3 years after the date of the enactment inserting ‘‘in consultation with the Sec- ing; of this Act, each train traveling through any retary of State and the Secretary of Home- (5) create a foreign policy strategy for the of the 10 rail stations in the United States land Security’’; and United States to improve cooperation with with the highest daily rate of passenger traf- (2) in paragraph (2)(B) in the matter pre- the Government of Saudi Arabia in the war fic be equipped with a radiological, biologi- ceding clause (i), by striking ‘‘in consulta- on terror, including any recommendations cal, chemical, and explosive detector. tion with the Secretary of State’’ and insert- regarding the use of sanctions or other diplo- (c) REPORT ON SAFETY OF PASSENGER RAIL ing ‘‘in consultation with the Secretary of matic measures; TUNNELS.— State and the Secretary of Homeland Secu- (6) curtail the support or toleration of vio- (1) IN GENERAL.—Not later than 1 year after rity’’. lations of religious freedom by the Govern- the date of the enactment of this Act, the (c) USE OF READERS AND SCANNERS.—Para- ment of Saudi Arabia; and Secretary of Transportation shall— graph (2)(B) of such section, as amended by (7) encourage the Government of Saudi (A) review the safety and security of all subsection (b), is further amended— Arabia to improve the human rights condi- passenger rail tunnels, including in par- (1) by redesignating clauses (i), (ii), and tions in Saudi Arabia that have been identi- ticular the access and egress points of such (iii) as (ii), (iii), and (iv), respectively; and fied as poor by the Department of State. tunnels; and (2) by inserting before clause (ii), as redes- (e) EFFECTIVE DATE.—Notwithstanding sec- (B) submit to Congress a report on needs ignated by paragraph (1), the following: tion 341 or any other provision of this Act, for improving the safety and security of pas- ‘‘(i) can authenticate biometric identifiers this section shall take effect on the date of senger rail tunnels. of multiple immutable physical characteris- the enactment of this Act. (2) CONTENT.—The report under paragraph tics, as such fingerprints and eye retinas;’’. AMENDMENT NO. 3890 (1) shall include recommendations regarding (d) CERTIFICATION REQUIREMENTS.—Sub- the funding necessary to eliminate security section (c) of such section is amended to read (Purpose: To improve the security of deficiencies at, and upgrade the safety of, as follows: hazardous materials transported by truck) passenger rail tunnels. ‘‘(1) IN GENERAL.—Not later than October At the end, add the following new title: (d) EFFECTIVE DATE.—Notwithstanding sec- 26, 2005, the government of each country that TITLE IV—SECURITY OF TRUCKS tion 341 or any other provision of this Act, is designated to participate in the visa waiv- TRANSPORTING HAZARDOUS MATERIALS this section shall take effect on the date of er program established under section 217 of SEC. 401. IMPROVEMENTS TO SECURITY OF HAZ- enactment of this Act. the Immigration and Nationality Act (8 ARDOUS MATERIALS TRANSPORTED AMENDMENT NO. 3892 U.S.C. 1187) shall certify, as a condition of BY TRUCK. designation or a continuation of that des- (Purpose: To strengthen border security) (a) PLAN FOR IMPROVING SECURITY OF HAZ- ignation, that it has a program to issue to ARDOUS MATERIALS.— At the end, add the following new title: its nationals machine-readable passports (1) IN GENERAL.—Not later than 1 year after TITLE IV—STRENGTHENING BORDER that are tamper-resistant and incorporate bi- the date of the enactment of this Act, the SECURITY ometric and authentication identifiers of Secretary of Homeland Security shall de- SEC. 401. TECHNOLOGY STANDARDS TO CONFIRM multiple immutable physical characteristics, velop a plan for improving the security of IDENTITY. such as fingerprints and eye retina scans. hazardous materials transported by truck. Section 403(c)(1) of the USA PATRIOT ACT This paragraph shall not be construed to re- (2) CONTENT.—The plan under paragraph (1) (8 U.S.C. 1379(1)) is amended to read as fol- scind the requirement of subsections (a)(3) shall include— lows: and (c)(2)(B)(i) of section 217 of the Immigra- (A) a plan for tracking such hazardous ma- ‘‘(1) IN GENERAL.—The Attorney General, tion and Nationality Act.’’. terials; the Secretary of State, and the Secretary of AMENDMENT NO. 3893 (B) a strategy for preventing hijackings of Homeland Security jointly, through the Na- (Purpose: To require inspection of cargo at trucks carrying such materials; and tional Institute of Standards and Technology ports in the United States) (C) a proposed mechanism for recovering (NIST), and in consultation with the Sec- At the end, add the following new title: lost or stolen trucks carrying such mate- retary of the Treasury and other Federal law rials. enforcement and intelligence agencies that TITLE IV—OTHER MATTERS (b) INCREASED INSPECTION OF TRUCKS.— the Attorney General, Secretary of State, SEC. 401. CARGO INSPECTION. (1) IN GENERAL.—The Secretary of Home- and the Secretary of Homeland Security (a) MANUAL INSPECTION.—Not later than 2 land Security shall require that the number deem appropriate and in consultation with years after the date of enactment of this of trucks entering the United States that are Congress, shall prior to October 26, 2005, de- Act, the Secretary of Homeland Security manually searched and screened in fiscal velop and certify a technology standard, in- shall require that the number of containers year 2005 is at least twice the number of cluding appropriate biometric identifier manually inspected at ports in the United trucks manually searched and screened in standards for multiple immutable physical States is not less than 10 percent of the total fiscal year 2004. characteristics, such as fingerprints and eye number of containers off-loaded at such (2) WAIT TIMES AT INSPECTIONS.—In car- retinas, that can be used to verify the iden- ports. rying out this section, the Secretary shall tity of persons applying for a United States (b) INSPECTION FOR NUCLEAR MATERIALS.— ensure that the average wait time for trucks visa or such persons seeking to enter the Not later than 2 years after the date of en- entering the United States does not increase. United States pursuant to a visa for the pur- actment of this Act, the Secretary of Home- (c) BACKGROUND CHECKS.—Beginning not poses of conducting background checks, con- land Security shall require that the number later than 3 years after the date of the enact- firming identity, and ensuring that a person of containers screened for nuclear or radio- ment of this Act, the Secretary of Homeland has not received a visa under a different logical materials is not less than 100 percent Security shall require background checks of name.’’. of the total number of containers off-loaded all truck drivers with certifications to trans- SEC. 402. REQUIREMENTS FOR ENTRY AND EXIT at ports in the United States. port hazardous materials. DOCUMENTS. (c) INSPECTION FOR CHEMICAL, BIOLOGICAL, (d) EFFECTIVE DATE.—Notwithstanding sec- (a) IN GENERAL.—Paragraph (1) of section AND EXPLOSIVE MATERIALS.—Not later than 4 tion 341 or any other provision of this Act, 303(b) of the Enhanced Border Security and years after the date of enactment of this this section shall take effect on the date of Visa Entry Reform Act of 2002 (8 U.S.C. Act, the Secretary of Homeland Security enactment of this Act. 1732(b)) is amended to read as follows: shall require that the 10 ports in the United AMENDMENT NO. 3891 ‘‘(1) IN GENERAL.—Not later than October States that off-load the highest number of (Purpose: To improve rail security) 25, 2005, the Attorney General, the Secretary containers have the capability to screen not At the end, add the following new title: of State, and the Secretary of Homeland Se- less than 10 percent of the total number of curity shall issue to aliens only machine- containers off-loaded at each such port for TITLE IV—RAIL SECURITY readable, tamper-resistant visas and other chemical, biological, and explosive mate- SEC. 401. IMPROVEMENTS TO RAIL SECURITY. travel and entry documents that use biomet- rials. (a) PROTECTION OF PASSENGER AREAS IN ric identifiers for multiple immutable char- (d) REPORT.—Not later than 180 days after RAIL STATIONS.—The Secretary of Homeland acteristics, such as fingerprints and eye ret- the date of enactment of this Act, the Sec- Security shall require that, not later than 2 inas. The Attorney General, the Secretary of retary of Homeland Security shall submit to years after the date of the enactment of this State, and the Secretary of Homeland Secu- Congress a report on port security tech- Act, each of the 30 rail stations in the United rity shall jointly establish biometric and nology. Such report shall include— September 30, 2004 CONGRESSIONAL RECORD — SENATE S10047 (1) a description of the progress made in and threat warning regarding critical infra- stand there will have to be significant the research and development of port secu- structure. movement on this bill in the next 24 rity technologies; ‘‘(3) To coordinate with other directorates hours in the way of offering amend- (2) a comprehensive schedule detailing the and offices within the Department on the ments. I hope people offer amendments amount of time necessary to test and install cybersecurity aspects of their missions. appropriate port security technologies; and ‘‘(4) To coordinate with the Under Sec- tomorrow. It will be terribly embar- (3) the total amount of funds necessary to retary for Emergency Preparedness and Re- rassing to the leaders if Monday we develop, produce, and install appropriate sponse to ensure that the National Response have nothing to vote on. I think that port security technologies. Plan developed pursuant to section 502(6) of will not be the case, but I think we are (e) EFFECTIVE DATE.—Notwithstanding sec- the Homeland Security Act of 2002 (6 U.S.C. to the point where there may have to tion 341 or any other provision of this Act, 312(6)) includes appropriate measures for the be something done to move this along this section shall take effect on the date of recovery of the cybersecurity elements of more quickly than it has been. That enactment of this Act. critical infrastructure. may include filing cloture in the next AMENDMENT NO. 3894 ‘‘(5) To develop processes for information 24 hours. (Purpose: To amend the Homeland Security sharing with the private sector, consistent with section 214, that— Ms. COLLINS. Mr. President, I appre- Act of 2002 to enhance cybersecurity, and ciate the assistance of the assistant for other purposes) ‘‘(A) promote voluntary cybersecurity best Democratic leader. I echo his hope that At the appropriate place, insert the fol- practices, standards, and benchmarks that lowing: are responsive to rapid technology changes Members will come to the Chamber to- and to the security needs of critical infra- SEC. ll. ENHANCING CYBERSECURITY. morrow to offer and debate their structure; and (a) SHORT TITLE.—This section may be amendments. We will delay the votes ‘‘(B) consider roles of Federal, State, local, cited as the ‘‘Department of Homeland Secu- on those amendments until Monday, and foreign governments and the private sec- rity Cybersecurity Enhancement Act of but we have an awful lot of work to be tor, including the insurance industry and 2004’’. auditors. done. Senator LIEBERMAN and I will be (b) ASSISTANT SECRETARY FOR CYBER- ‘‘(6) To coordinate with the Chief Informa- here tomorrow ready to engage on SECURITY.— tion Officer of the Department in estab- these amendments. I ask my colleagues (1) IN GENERAL.—Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. lishing a secure information sharing archi- to be here as well and help make 121 et seq.) is amended by adding at the end tecture and information sharing processes, progress on this very important bill. the following: including with respect to the Department’s We are making some progress, but we operation centers. ‘‘SEC. 203. ASSISTANT SECRETARY FOR are not making enough progress and we ‘‘(7) To consult with the Electronic Crimes CYBERSECURITY. need to pick up the pace. We need to Task Force of the United States Secret Serv- ‘‘(a) IN GENERAL.—There shall be in the Di- whittle down that amendment list. We rectorate for Information Analysis and Infra- ice on private sector outreach and information activities. need to have some of those amend- structure Protection a National ments simply go away. I hope that will Cybersecurity Office headed by an Assistant ‘‘(8) To consult with the Office for Domes- Secretary for Cybersecurity (in this section tic Preparedness to ensure that realistic happen. referred to as the ‘Assistant Secretary’), who cybersecurity scenarios are incorporated Mr. LEAHY. Mr. President. I rise shall assist the Secretary in promoting into tabletop and recovery exercises. today to address one of the most time- cybersecurity for the Nation. ‘‘(9) To consult and coordinate, as appro- ly and sensitive recommendations of priate, with other Federal agencies on ‘‘(b) GENERAL AUTHORITY.—The Assistant the 9/11 Commission, the creation of a cybersecurity-related programs, policies, and Secretary, subject to the direction and con- civil liberties board to provide checks trol of the Secretary, shall have primary au- operations. ‘‘(10) To consult and coordinate within the and balances against the ‘‘enormous thority within the Department for all authority’’ granted the government by cybersecurity-related critical infrastructure Department and, where appropriate, with protection programs of the Department, in- other relevant Federal agencies, on security the people. Critically, the 9/11 Commis- cluding with respect to policy formulation of digital control systems, such as Super- sion concluded: ‘‘We must find ways of and program management. visory Control and Data Acquisition reconciling security with liberty, since ‘‘(c) RESPONSIBILITIES.—The responsibil- (SCADA) systems. the success of one helps protect the ities of the Assistant Secretary shall include ‘‘(d) AUTHORITY OVER THE NATIONAL COM- other.’’ the following: MUNICATIONS SYSTEM.—The Assistant Sec- retary shall have primary authority within There is no doubt that such a board ‘‘(1) To establish and manage— is needed given the heightened civil ‘‘(A) a national cybersecurity response sys- the Department over the National Commu- nications System.’’. liberty tensions created by the reali- tem that includes the ability to— (2) CLERICAL AMENDMENT.—The table of ‘‘(i) analyze the effect of cybersecurity ties of terrorism and modern warfare. contents in section 1(b) of such Act is threat information on national critical in- The tools of the information age in- amended by adding at the end of the items frastructure; and clude precise data-gathering, relating to subtitle A of title II the fol- ‘‘(ii) aid in the detection and warning of at- networked databases, and tracking and lowing: tacks on, and in the restoration of, sensing technologies impervious to the cybersecurity infrastructure in the after- ‘‘203. Assistant Secretary for Cyber- common eye. As Vice Chairman Ham- security.’’. math of such attacks; ilton noted, in a recent Judiciary Com- (c) CYBERSECURITY DEFINED.—Section 2 of ‘‘(B) a national cybersecurity threat and mittee hearing, as he commented about vulnerability reduction program that identi- the Homeland Security Act of 2002 (6 U.S.C. fies cybersecurity vulnerabilities that would 101) is amended by adding at the end the fol- the security steps and the technology have a national effect on critical infrastruc- lowing: that are quickly becoming ubiquitous ture, performs vulnerability assessments on ‘‘(17)(A) The term ‘cybersecurity’ means in our post-9/11 world, these develop- information technologies, and coordinates the prevention of damage to, the protection ments are ‘‘an astounding intrusion in the mitigation of such vulnerabilities; of, and the restoration of computers, elec- the lives of ordinary Americans that ‘‘(C) a national cybersecurity awareness tronic communications systems, electronic (are) routine today in government.’’ communication services, wire communica- and training program that promotes With such powerful tools come height- cybersecurity awareness among the public tion, and electronic communication, including information contained therein, to ensure ened responsibility. and the private sectors and promotes We have an obligation to ensure that cybersecurity training and education pro- its availability, integrity, authentication, grams; confidentiality, and nonrepudiation. there are mechanisms in place that ‘‘(D) a government cybersecurity program ‘‘(B) In this paragraph— will see to it that this power is subject to coordinate and consult with Federal, ‘‘(i) each of the terms ‘damage’ and ‘com- to appropriate checks and balances and State, and local governments to enhance puter’ has the meaning that term has in sec- Congressional oversight. An effective their cybersecurity programs; and tion 1030 of title 18, United States Code; and civil liberties board can provide those ‘‘(E) a national security and international ‘‘(ii) each of the terms ‘electronic commu- checks and contribute to preserving nications system’, ‘electronic communica- cybersecurity cooperation program to help both liberty and security. foster Federal efforts to enhance inter- tion service’, ‘wire communication’, and ‘electronic communication’ has the meaning We need a civil liberties board that national cybersecurity awareness and co- can think critically and independently operation. that term has in section 2510 of title 18, ‘‘(2) To coordinate with the private sector United States Code.’’. about the policies we implement as a on the program under paragraph (1) as appro- Mr. REID. While I have the floor, we nation and about how they affect our priate, and to promote cybersecurity infor- have a lot more amendments filed than fundamental rights. The board must be mation sharing, vulnerability assessment, I ever dreamed. Everyone should under- able to participate in the policymaking S10048 CONGRESSIONAL RECORD — SENATE September 30, 2004 process, review technology choices and lins-Lieberman bill does not go as far Executive, to explain (a) that the options, peer into various agencies and as to mandate subpoena power over power actually materially enhances se- assess actions, review classified mate- government officials, but rather only curity and (b) that there is adequate rials and investigate concerns. This over relevant non-government persons. supervision of the Executive’s use of board must have the versatility to Given the secrecy and civil liberty the powers to ensure protection of civil work closely with government offi- concerns that have been pervasive in liberties. If the power is granted, there cials, but at the same time it must be this administration, we should be en- must be adequate guidelines and over- sufficiently independent to assess those hancing information flow and dialogue, sight to properly confine its use.’’ government policies without fear, favor not eliminating it. It is ironic that at We should be looking for ways to en- or compromise. Given these significant the same time that the administration sure that this burden of proof will be responsibilities, it is equally important has been making it more difficult for met, rather than weakening oversight that the board be accountable to Con- the public to learn what government and accountability. gress and the American people. agencies are up to, the government and As the 9/11 Commission noted, when The civil liberties board outlined in its private sector partners have been it comes to security and civil liberties, the Collins-Lieberman bill makes great quietly building more and more data- ‘‘while protecting our homeland, Amer- strides in meeting these goals. It rep- bases to learn and store more informa- icans should be mindful of threats to resents a true bipartisan effort from tion about the American people. vital personal and civil liberties. This conception to introduction. I was Second, Senator KYL’s amendment balancing is no easy task, but we must pleased to work with these Senators would eliminate a provision that gives constantly strive to keep it right.’’ Senator KYL’s amendment fails to along with Senator DURBIN to make the board important guidance on how this civil liberties board the kind of to review requests by the government ‘‘keep it right,’’ and I urge that the board that would honor the 9/11 Com- for new and enhanced powers. This is a Senate honor the spirit of the rec- mission’s intent. critical omission. In order to balance ommendations of the 9/11 Commission, It establishes a bipartisan board that liberty and security, we need to ensure and reject it. Mr. DURBIN. Mr. President, in 1957, would have access to the documents that the board will be looking at poli- when America was caught off guard by and information needed to assess our cies through a prism that would allow the Soviet Union’s launch of a satellite counterterrorism policies that affect for heightened security protection, named Sputnik, Congress passed a mas- the vital civil liberties of the American while also ensuring that intrusions are sive education bill, the National De- people. It provides a mechanism for not disproportionate to benefits, or fense Education Act, which poured fed- them to work closely with administra- that they would unduly undermine pri- eral funds into the study of math, tion officials, including working with a vacy and civil liberties. science and strategic languages like network of newly created department- Contrary to assertions that this Russian. Thirty-two years later, the level privacy and civil liberty officers, would be a ‘‘citizen board’’ gone wild Soviet Union fell. Following the 9/11 at- whose proximity to decision makers that would ‘‘haul any agent in any- tacks and the Commission’s report, we where in the world and grill him,’’ this will ensure that these concerns are need to rise to the challenge once board would consist of highly accom- considered from the earliest stages of again. We must intensify the study of plished members who have the appro- policy formation. It requires the board strategic foreign languages, like Ara- priate clearance to access classified in- to report to Congress on a regular bic, Pashto and Korean. basis, and without compromising clas- formation, who have extensive profes- According to the Department of Edu- sified information, inform the public sional expertise on civil liberty and cation, only 22 of the 1.8 million Amer- about policies that impact their vital privacy issues, and who have the ican students who graduated from col- liberties. knowledge of how to view these con- lege last year earned degrees in Arabic. Unfortunately, Senator KYL’s amend- cerns in the context of important anti- This figure has remained about the ment No. 3801 attempts to gut the care- terrorism objectives. same over the last decade. And as the fully crafted, bipartisan civil liberty It simply cannot be that the govern- 9/11 Commission reported, and the and privacy provisions that are the ment can create and implement poli- Washington Post and the New York hallmark of the Collins-Lieberman bill. cies that impinge on our liberties with- Times reiterated on Tuesday, the lack It is inconsistent with the rec- out having to account to anyone. While of qualified personnel has left hundreds ommendations of the 9/11 Commission that may make things convenient or of thousands of pages of intercepted and would undermine the civil liberties easy, it certainly does not preserve the terrorist communication untranslated. that we cherish. ideals of the country we are fighting to On page 77 of the Commission’s re- First, Senator KYL’s amendment at- protect. port, the Commission notes the FBI tempts to cut off the information flow Senator KYL’s amendment is just the ‘‘lacked sufficient translators pro- that would ensure that the board could latest of recent attempts to undermine ficient in Arabic and other key lan- accurately, reliably and effectively ad- the 9/11 Commission’s clear rec- guages, resulting in a significant back- vise on the impact of policies on pri- ommendations for an effective board. log of untranslated intercepts.’’ On vacy and civil liberties. It would also The administration recently issued an page 92, the report adds, ‘‘Very few eliminate the board’s ability to sub- executive order that attempted to foist American colleges and universities of- poena people outside of the government upon us an anemic civil liberties board. fered programs in Middle Eastern lan- who may have important information, I and several of my colleagues noted in guages or Islamic studies.’’ The 9/11 re- such as private sector data collectors a letter to the President that the board port also calls for both the CIA and the working on behalf of the government. was not a bipartisan or independent en- FBI to strengthen their language pro- It would also eliminate the privacy of- tity. It had no authority to access in- grams and for the FBI to improve abil- ficers, as well as public hearings and formation and no accountability. It ity to attract candidates with techno- reports to the public. was housed in the Department of Jus- logical skills. It is clear that the commission in- tice, and comprised solely of adminis- At a hearing of the Senate Govern- tended for the board to have access to tration officials from the law enforce- mental Affairs Oversight of Govern- the information that it needed in order ment and intelligence communities, ment Management Subcommittee on to effectively assess policy. In a recent precisely the communities that the September 14, 9/11 Commissioner Fred House Judiciary Committee hearing, board would have an obligation to Fielding described the lack of language Vice Chairman Hamilton said, ‘‘The oversee. It was the proverbial case of skills at intelligence agencies as: ‘‘em- key requirement is that government the fox guarding the henhouse. This barrassing.’’ FBI Assistant Director for agencies must be required to respond would not have resulted in a vigorous Administrative Services Mark Bullock to the board.’’ He went on to note that consideration of policy that the Com- testified that while the agency is re- the commission itself had subpoena mission intended. ceiving thousands of applicants, the power, and ‘‘if we had not had it, our As the Commission noted, the ‘‘bur- agency has found it ‘‘difficult hiring job would have been much, much more den of proof for retaining a particular agents with language skills, skills in difficult.’’ I would note that the Col- governmental power should be on the the right languages.’’ September 30, 2004 CONGRESSIONAL RECORD — SENATE S10049 We can do better. sion’s recommendations—including the version of the Department of Defense The bill we are considering today ones not already addressed in the un- Authorization bill, which is now pend- does address education, but not com- derlying bill—would be fully debated. ing in conference. The Senate has al- pletely. This bill calls for better co- Yesterday, we offered an amendment ready spoken on this issue once; how- ordination of joint training among the that was designed to address the Com- ever, it has yet to be enacted. We must intelligence agencies and authorizes, mission’s transportation security-re- continue pressing to ensure that Amer- but does not direct, the National Intel- lated recommendations. Now we will ica treats individuals in its custody hu- ligence Director to collaborate with offer an amendment that encompasses manely, as the Commission rightly ad- the intelligence agencies to establish a the Commission’s diplomacy, foreign vocates. As the 9/11 Commission rightly scholarship program, in which students aid, and military-related recommenda- pointed out, allowing torture of pris- agree to work for an agency in ex- tions. oners only makes it more difficult to change for financial assistance with I send an amendment to the desk on build the alliances and support we need their education. I commend the man- behalf of myself, Senator LIEBERMAN, to defeat terrorism. Portrayals of inhu- agers of the bill for including this inno- and Senator BAYH, and ask for its im- mane treatment of captured terrorists vative education subsidy-for-service mediate consideration. hinder our ability to engage in the approach. This is an important mecha- This amendment is very similar to wider struggle against them. nism to put in place, although we need Title V of S. 2774, the 9/11 Commission Other provisions in this amendment to do more to expand instruction in Report Implementation Act of 2004, are designed to enhance America’s critical foreign language, particularly which we introduced earlier this ability to fight the war of ideas by pro- in the area of science and technology. month. In drafting this amendment, we moting universal values of democracy, If no one is teaching the classes we have worked with the Senate Foreign tolerance, and openness. It authorizes need, we can’t improve the pool of Relations Committee to develop con- funding for U.S. broadcasts to Muslim qualified applicants from which the in- sensus language concerning areas of countries, and authorizes an increase telligence community can recruit. their jurisdiction, and with the Senate in our education and exchange pro- The amendment my colleagues from Armed Services and Banking Commit- grams. In addition, it establishes an Florida and Hawaii and I sponsored tees to develop language for other pro- International Youth Opportunity Fund will expand targeted educational op- visions. that will provide financial assistance portunities to promote integration of As the Commission report observed, for the improvement of public edu- intelligence collection and analysis there were many deficiencies that led cation in the Middle East. Finally, the and to prepare intelligence personnel to the terrorist attacks of September amendment notes that the prolifera- to work with other agencies. 11. Not the least was the failure of the tion of weapons of mass destruction is We ask the National Intelligence Di- United States to adapt its foreign pol- a grave and gathering threat to this rector to assess the current needs of icy to address the changed realities of country, and requires the executive the intelligence community with re- the post-cold war era. In hindsight, it branch to develop a strategy to expand spect to language skills; determine is evident that we did not do enough to and strengthen our nonproliferation whether the community’s needs for prevent the creation of terrorist sanc- programs. critical foreign language skills and un- tuaries, encourage the democratization This amendment is the next step in derstanding science and technology of the Greater Middle East, and engage fulfilling the mandate of the terms in those languages are being countries such as Pakistan, Afghani- 9/11 Commission recommendations and met; and report to Congress rec- stan and Saudi Arabia in their battles ensuring that we orient our diplomacy, ommendations for programs to help against fundamentalism. foreign aid, and military programs to- meet those needs. In light of this realization, the Com- ward combating terrorist threats, in In developing its report, the NID is mission found that no single set of both the short and long terms. The pro- directed to take into account existing strategies is sufficient to prevent fu- visions in our amendment are not the education grant programs through the ture terrorist attacks. The United only steps that are needed, and there Departments of Education and Defense. States must use all of the instruments are a number of other important ac- The first report is due to Congress at our disposal to counter the short- tions that the executive branch should within one year of enactment, and then and long-term threats posed by inter- undertake in order to fully implement again each year after that. national terrorism. For this reason, it the Commission’s recommendations. I thank the Senators from Florida is critical to pay due attention to the But I believe that passing this amend- and Hawaii for their willingness to role of diplomacy, foreign aid, and the ment is a vital and necessary step. work together in developing language military. I urge my colleagues to support this to strengthen the critical language Consistent with the Commission’s amendment. education component of the reorga- recommendations, this amendment re- nized intelligence community. And I quires the executive branch to develop AMENDMENT NO. 3771 thank my colleagues from Maine and a strategy to address and, where pos- Mr. BINGAMAN. Mr. President, since Connecticut for their leadership in sible, eliminate terrorist sanctuaries. the Manhattan project, national lab- crafting and managing this important It renews the U.S. commitment to oratory scientists have performed an piece of legislation, which now includes Pakistan’s future, in light of the crit- inherently unique governmental func- this additional focus on strengthening ical role that country plays in the war tion of not only designing and pro- necessary language skills in this coun- on terror, and authorizes assistance to ducing nuclear weapons, but analyzing try. Afghanistan—aid that many of us be- intelligence on foreign nuclear weap- Mr. MCCAIN. Mr. President, as I lieve must be increased. The amend- ons and nuclear technology. noted on the floor yesterday, the Sen- ment addresses our relations with In performing this governmental ate is now engaged in perhaps the most Saudi Arabia and suggests establishing function, the national laboratory sci- important debate of the 108th Congress. an international contact group to de- entists have staffed the Joint Atomic Increasing the security of our country velop a multilateral counterterrorism Intelligence Committee, which pro- against terrorist attack requires new strategy. duces strategic assessments on foreign strategies, new ways of thinking, and Our amendment also calls on the U.S. nuclear weapons programs, helped new ways of organizing our Govern- Government to work with our coalition produce technical assessments of for- ment. That is what this legislative de- partners to develop a common ap- eign nuclear weapons, and provided bate is all about. proach to the treatment of detainees, critical technical support in disabling Earlier this month, I joined with and reiterates standards for the hu- improvised nuclear devices, which in Senator LIEBERMAN and others in in- mane treatment of enemy detainees— today’s post-9/11 environment is one of troducing comprehensive legislation to standards that our soldiers and offi- our greatest fears. In many cases these implement all the 9/11 Commission rec- cials should have been following all functions are performed through rota- ommendations. Along with Senator along. Most of this language was taken tional assignments to the intelligence LIEBERMAN, I pledged that the Commis- directly from the Senate-passed community staff. S10050 CONGRESSIONAL RECORD — SENATE September 30, 2004 The amendment I have offered today, I rise this evening to remember When we lost Kevin Ott, our Nation and cosponsored by my colleague Sen- Kevin, to remember him as he was and mourned. Charles and Alma lost their ator DOMENICI, preserves this rota- will forever remain, a devoted son, sup- loving son. Pam, Julie, Joyce, Diane, tional capability in the intelligence re- portive brother, and patriotic soldier. and Doug lost their loyal brother. They forms proposed by Senators COLLINS Kevin Ott grew up in Orient, OH, son of miss his joking nature, his love of and LIEBERMAN. loving parents Alma and Charles Ott. sports and motorcycles. They miss him Typically, national laboratory per- He and his sisters and brothers were coaching his nephew’s Little League sonnel can be detailed to the intel- close and would remain so throughout team. But most of all they just miss ligence community, or any Federal their lives. Kevin went to Westfall spending time with him. agency, through the Intergovernmental High School. He was on the basketball So, as President Kennedy said, over Personnel Act. This act permits em- team and enjoyed spending time with 40 years ago: ‘‘This country does not ployees of federally funded research friends. He graduated in 1993 and then forget . . . the soldier.’’ This country and development centers, FFRDCs, to attended Bluffton College where he was will not forget Kevin Ott. act for set periods of time, as staff of a a sports lover and played defensive end f on the football team. Government agency. OHIO FLOODING This amendment does not alter the While Kevin’s love of sports certainly authorities under the act. What this ran deep, his passion also was for mo- Mr. DEWINE. Mr. President, we are amendment does is reinforce the con- torcycles. He certainly loved that bike. all well aware of the horrible devasta- gressional intent, that in addition to His sister Pam remembers how Kevin tion that has been caused by the four the authorities granted to the National took her for a ride one afternoon. She hurricanes that have hit the United Intelligence Authority to staff its cen- said: States and have hit other countries so ters with personnel from other I was afraid because I knew he loved to go far this season: Charley, Frances, Ivan, branches of the Government, that it really fast. But, to my surprise, he went and Jeanne. We have seen pictures of continue to be able to utilize the slowly because he knew I was scared. the damaged homes. We have seen the unique capabilities of Department of Kevin was a good brother, son, and victims interviewed on TV. We have Energy staff and other FFRDCs. friend. He was deeply devoted to his seen the floodwaters that have drowned family, and with their love and guid- many towns and villages. f ance he became devoted to his church My home State of Ohio has also suf- MORNING BUSINESS and his faith. Throughout his entire fered damage from these storms, dam- Ms. COLLINS. Mr. President, I ask life Kevin was a strongly spiritual per- age that has warranted the classifica- unanimous consent there be a period of son. He was active in his church from tion of 30 of our counties as Federal morning business, with Senators the time he was 4 years old. His par- disaster areas. These counties include: speaking for up to 10 minutes each. ents fondly remember how his faith Athens, Belmont, Carroll, Columbiana, The PRESIDING OFFICER. Without guided their son’s decisions and how it Gallia, Guernsey, Harrison, Jefferson, objection, it is so ordered. directed his life. Mahoning, Meigs, Monroe, Morgan, The PRESIDING OFFICER. The Sen- At the Southwest Community Muskingum, Noble, Perry, Stark, ator from Ohio. Church of the Nazarene, Kevin worked Trumbull, Tuscarawas, Vinton, and Mr. DEWINE. I ask unanimous con- with the youth group, sang in the Washington. sent to proceed for 17 minutes. choir, and went on a mission trip to Last Friday, when I was home, it was The PRESIDING OFFICER. Without Mexico where he helped build houses. my privilege to tour some of the flood- objection, it is so ordered. These experiences taught him to see ed areas in Ohio and to talk to some of f the hand of God in all things. It in- the people who are victims. I must say, creased his faith, the faith that would while I have seen floods before, been HONORING OUR ARMED FORCES see him through the difficult times in along the Ohio Valley before, and seen PRIVATE FIRST CLASS KEVIN OTT his life. what floods can do, I was, again, over- Mr. DEWINE. Mr. President, I come The tragic events of September 11 whelmed at what I saw. Some areas to the Senate this evening to pay trib- changed the course of Kevin’s life as it looked like a war zone. ute to a fellow Ohioan, a brave soldier changed the course of so many people’s The power of water never ceases to who lost his life while making our own lives. It was then that he decided he amaze me, whether it is the Ohio River safer. Army PFC Kevin Ott disappeared wanted to join the military. He wanted when it comes up, or in creeks and north of Baghdad, Iraq, on June 25th, to prevent such a tragedy ever hap- streams a long way from the Ohio 2003. Three days later, on June 28th, ev- pening again. River when flash floods come up and do eryone’s worst fears were realized. The Kevin left his job as a machinist with unbelievable damage and homes are lit- military personnel found Kevin’s body J.W. Groves and Sons to enlist in the erally ripped apart and trailers are following a very exhaustive search. Army in January 2002. He immediately ripped apart. I saw this when I was Kevin Ott was only 27 years of age. excelled. His comrades remembered home. When I think about the loss of young him as a capable soldier, someone they At its highest, the floodwaters in soldiers, I am reminded of something could always count on. Marietta, along the Ohio River, cov- that President John F. Kennedy said to Kevin’s brother-in-law Jim Pack re- ered the first floor of many buildings. the 1st Armored Division in Fort Stew- called that Kevin loved the military. From this picture, a photo taken by art, GA, as they were prepared to de- He said that he had found his calling in the Washington County Sheriff’s Office ploy to Cuba. In 1962 this is what Presi- life. Kevin was assigned to Battery B, in Marietta, you can get some idea of dent Kennedy said: 3rd Battalion, 18th Field Artillery what Marietta looked like when the Many years ago, according to a story there Regiment, based out of Fort Sill, OK. river came up—absolutely unbeliev- was found in a sentry box in Gibraltar, a While in Iraq, Kevin was in charge of able. People used boats to get around poem which said: guarding an ammunitions depot. He as they surveyed what they lost and God and the soldier all men adore wrote home often, and his parents what they could possibly save. In time of danger and not before could tell their son was proud of his In other areas, trucks were washed When the danger is past and all things service. They saved Kevin’s postcards away, mobile homes stood on their righted and looked forward to any contact they sides, and debris was everywhere. God is forgotten and the soldier slighted. had with him. They recognized that There was garbage strewn clear up into President Kennedy continued: their son loved Army life and knew the trees. This country does not forget God or the that he believed in what he was doing. Many businesses were, of course, soldier. Though the news of Kevin’s death forced to close, as owners went out to Upon both we depend. was, of course, devastating to the Ott salvage what was left. As you can see President Kennedy said it so well. We family, Charles said his son was at from this picture, it did not look like depend on our service men and women. peace with his faith and was not afraid this Wendy’s restaurant—after this pic- We depended on Kevin Ott. We will not to die. His faith saw him through and ture was taken—would be serving forget him. We will never forget him. took him to his final resting place. Wendy’s hamburgers very soon. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10051 But we do know that people are resil- It is that kind of spirit we see. This work as we speak tonight. We appre- ient. When I got there, it had been 5 or is one of the countless acts of gen- ciate their efforts and thank them. 6 days since the peak of the water, erosity exhibited by people that I saw. It is going to take months before which you are seeing in these pictures. I saw a business, for example, in these flood-ravaged communities re- People were already getting back into Marietta. The woman who was cleaning turn to normal. We must make sure to business. Businesses were opening. Peo- up—it was horrible; all her inventory employ every resource available to ple are unbelievably resilient. had mud all over it; it was a mess—she make sure Ohioans can get back in This picture of Wendy’s is absolutely said: Senator, come in the back. I want their homes and back to their jobs, the unbelievable at the height of the flood. to show you something. I went back day-to-day business, as soon as pos- Belmont County and the village of with her, and clear in the back through sible. It has been rough going for so Neffs, which I visited, experienced se- her business, back in the back alley. many different people in Ohio. vere flash flooding—a different kind of And she said: Look. There were people I, again, thank all those who have water damage, a different type of flood- there who came in to volunteer, and volunteered and assisted in the cleanup ing, but unbelievably devastating as they had an assembly line, and they and rebuilding. I know what I saw in well. I toured Neffs, and water was were washing the inventory she had, Ohio with our flood damage has been freely flowing in and out of houses as these little toys, these little different replicated in so many other States, not the long cleanup process began—again, things. just in this country but in other coun- another picture of what this looked It was an amazing thing to see. These tries. There are many other people like, not when I was there, but during were all volunteers, all people who hurting. the height of the storm. came in. They had some adults and I came to the floor tonight to share Twenty Ohio counties are like this— some younger kids who were in there with my colleagues what I saw as I 20. Already, nearly 4,000 individuals in who were volunteering and helping her. traveled around my State last week. It the disaster-declared counties have I saw another man in Marietta. He is so heartening to see how people fight called to apply for assistance. was cleaning up his business. He took back. I know this Congress will con- Part of the tragedy of the floods is me back and showed me where there tinue to be of assistance and of help to that so many residents simply did not was a piano. He said: You will not be- them as we reach out to all the victims have the warning that they needed. lieve this story. He said: The flood kept of the hurricanes and we give them a Senator VOINOVICH and I and Con- coming up and coming up and coming hand up and help them through this gressman STRICKLAND and Congress- up. We were up in the second story of crisis. man NEY and others are asking the Na- My experience has been that in the our house. He said: I kept taking pic- tional Weather Service to give us an immediate days after the hurricanes tures and posting them on the Inter- explanation for what happened because and flooding, it is always tough. But net. All of a sudden my phone rang. I when I was in Marietta a number of the weeks and months even beyond couldn’t figure out who was calling me. people told us that night they received that are tough as well. We are not He said the person who called on the a flood warning, but then the National going to forget them. I know my col- phone said: Are you—and the person Weather Service took that warning off. leagues in the Senate will not forget said his name. He answered: Yes, this is People went to bed. Yet during the them, and the Federal Government will such-and-such business. night the flood warning was put back not forget them. We need to let them He said: We are outside. on. Many businesspeople and home- know we are still going to be there He said: You can’t be outside. There owners, for example, whom I talked to with them through the Federal agen- is nothing but water outside. simply were not prepared. The flood- cies and be of assistance. He said: Well, look outside. water came up during the night and did I yield the floor. So he went to his window on the sec- tremendous damage. People were not The PRESIDING OFFICER (Mr. ond story and there were a couple guys prepared for that. CHAMBLISS). The Senator from Okla- So our question to the Weather Serv- in a row boat. And they said: We are homa. here to help you. And they had come in ice is, why was that mistake made? f Why was the flood warning on, then from the countryside, rode their boat COMMERCIAL SPACE LAUNCH ACT off, and then back on again? It was into Marietta, and they had some ce- very misleading to people, and we want ment blocks they had brought because Mr. INHOFE. Mr. President, I have to know exactly what the explanation they had heard that his piano was get- had the honor for almost 50 years now is. We have written to the Weather ting soaked and he couldn’t do any- of being active in aviation. I have had Service and we want a full explanation thing about it. It was getting ruined. occasion to fly almost every kind of about that. So they brought that boat in, landed airplane that is up there, and it is an One of the most heartening things, the boat in his place of business, tied experience that not many people get a though—you see this, and I have seen it the boat up, unloaded the cement chance to have in their normal lives. before in Ohio; I know we have seen it blocks, lifted the piano up, put the ce- Something is on the horizon right now across the country—is the number of ment blocks under the piano so the that is an opportunity for people to do, people who help neighbors, who come piano would not get wet. things that they never dreamed pos- out and do unbelievable work. They He said: I had never seen those guys sible; that is, to feel and to experience come out of nowhere and volunteer. I before. They left and I still don’t know the thrill of flight into space. saw amazing displays of human kind- who they are. But I had tears coming Yesterday marked a very significant ness, generosity of the human spirit, out of my eyes when they left because day in history. Today, the neighbors helping each other get their I couldn’t believe it, that someone SpaceShipOne, designed by Burt lives back together. As they have done would do that for me. Rutan, who happens to be a friend of so many times before, Ohioans have That is the type of thing you see, in mine, and piloted by Mike Melvill, who pulled together as part of a community spite of all the horror, replicated not is a 62-year-old pilot, made the first effort to reclaim their houses and busi- only in Ohio but across this country. flight of the two required flights to nesses from the floodwaters. I must also say, I was so impressed claim the $10 million Ansari X-Prize I met a woman, for example, who is by the work of the men and women of for carrying three people, or an equiva- originally from Neffs, the town I was the Ohio National Guard—they always lent weight, to space twice within 2 talking about, but now lives in Colum- do a great job—the Ohio Emergency weeks. bus and works at Ohio State. She asked Management Agency, the great profes- The brilliant concept of the Ansari X for 4 days of vacation time—it was sionals who are always there; FEMA; Prize exemplifies the excellence that granted—so she could go back home, the county directors, their staffs, can be achieved through an back to Neffs and help with the clean- countless other volunteers who have incentivized approach rather than a up. She joined several other volunteers worked tirelessly to help bring food, governmental mandate of punitive ap- to help serve meals in the basement of clean water to the area. They have al- proach. To incentivize and safely get one of the local churches, a place I had ready distributed almost $5 million in government out of the way is the phi- the occasion to visit. disaster assistance and continue to losophy of the Commercial Space S10052 CONGRESSIONAL RECORD — SENATE September 30, 2004 Launch Amendments Act of 2004, H.R. bill, and, maddeningly, no one will say pub- an equivalent mass) to the edge of space 3752. Tempt not only the pocketbook licly what they object to. twice within two weeks. The prize could be but also the vision of anyone who has They are holding it up, and they won as early as next week. Designer Burt won’t say why they are holding it up. Rutan and/or the team’s backer, Microsoft the creativity and imagination to pur- billionaire Paul Allen, may even climb in for sue it. If they do not pass it, part of their legacy the ride. Space programs originally sprang to may be that of having strangled an infant in- Should Rutan’s crew stumble, there are life in the face of international com- dustry in the crib. others fast on their heels. A half-dozen or petition. The realities of the cold war I compliment the chairman of the more serious competitors have spent many stimulated creativity, and innovation committee, Senator MCCAIN. He has times the prize money in developing their in a dramatic new way. This govern- been very helpful. But there are some vehicles. That is exactly what Peter Diamandis had in mind when he organized ment and NASA responded with suc- Democrats we can’t identify, as the the X-Prize Foundation a decade ago to seed cesses that dazzled even the most opti- Aviation Week publication states. a private human spaceflight industry, and mistic dreamer. I ask unanimous consent that these our hat is off to him. Since then, space advances have gone four pages of Aviation Week be printed Dating even further back, there were en- through the same channels with the in the RECORD at the conclusion of my trepreneurs saying that making human same motivation, but without the ur- remarks. spaceflight both reliable and affordable was gency and vision of ‘‘The Space Race.’’ The PRESIDING OFFICER. Without possible with existing technology. The prob- The Ansari X Prize is a refreshing lems, they said, were not technical but fi- objection, it is so ordered. nancial and political, even psychological. new appeal to anyone who has the faith (See exhibit 1.) Unintentionally, NASA made it hard for and vision to respond. It is an appeal Mr. INHOFE. Mr. President, I also these pioneers to attract capital. First, the that looks for the likes of Charles want to call to the attention of the agency was a competitor because it operated Lindberg—people who will think within Senate a letter from nine discrete en- its own expensive vehicle, the space shuttle. the restraints of practicality but with- terprises that are on the cutting edge Then, when NASA tried to develop a new, out the restraints of a rutted concept of this burgeoning industry. They all cheaper-to-operate reusable vehicle, it opted to include challenging cutting-edge tech- of how it is supposed to be done. endorse the text of my Space CHASE nologies, making program execution difficult I am grateful that this competition is Act and call for the immediate passage and expensive. As one might expect, when doing what it was designed to do: spur of my legislation as a substitute lan- entrepreneurs went looking on Wall Street a budding industry in commercial guage for a thus-perfected H.R. 3752. for money for their simpler projects, they human space flight. Today’s flight I commend these entrepreneurs by were rebuffed by potential investors who be- paves the way for making space flight name: Jeff Greason, XCOR Aerospace; lieved human spaceflight was inherently available to the public, a long-time John Carmack, Armadilla Aerospace; costly, dangerous and prone to failure. On top of that was a chicken-and-egg prob- dream of many. Just imagine, ordinary Elon Musk, Space X; George French, lem of economics. To drastically lower the people will be able to experience the Rocketplane, Ltd.; Eric Anderson, costs of spaceflight, a vehicle needs to fly thrill of flying in space. But despite the Space Adventures; Honorable Andrea frequently. But to find enough customers to existing technology to make this Seastrand, California Space Authority; fly frequently, one needs to have low prices, dream possible, there are some obsta- Bill Khourie, Oklahoma Space Industry and that requires low costs. The solution cles. Development Authority; Brian Chase, seemed to lie in new markets, and the one One such barrier stems from this Space Foundation; Greg Allison, Chair- many believed could jump-start the private sector was ‘‘space tourism.’’ body. The text of my bill, S. 2772, the man, Executive Committee, National When the Russians began selling spare Space CHASE Act, should pass the Sen- Space Society. seats on Soyuz spacecraft to dot.com ate right now as an amendment to H.R. I ask unanimous consent that their zillionaires and rock stars, it became harder 3752. H.R. 3752 readily passed the House letter also be printed in the RECORD at to posit the economic impossibility of space of Representatives in March by a vote the conclusion of my remarks. tourism. But it was the first suborbital of 402 to 1. The House of Representa- The PRESIDING OFFICER. Without flight of SpaceShipOne to 100 km. altitude, tives and the Federal Aviation Admin- objection, it is so ordered. back in June, that removed the giggle factor istration have agreed to the improve- (See exhibit 2.) from discussions of space tourism. Pictures of pilot Mike Melvill sitting atop his pri- ments embodied in my Space CHASE Mr. INHOFE. Mr. President, it is a vately financed craft and waving victori- Act, so it is better than the bill that shame when we pander to trial lawyers ously made the front pages of newspapers passed the House by 402 to 1. However, and allow them to kill an industry be- aroung the world. some Democrats are blocking this leg- fore it is able to get off the ground. Meanwhile, things had changed in the gov- islation that is vital to the fledgling I urge these Democrats to stop the ernment. Many in Congress ‘‘got religion’’ on commercial space industry. obstruction and pass this important commercial space (more about that later). legislation that will let the American NASA began working seriously with startups The legislation would define FAA li- such as Bigelow Aerospace on manned space- censing rules for suborbital flights, as people have the freedom to experience craft. And Adminstrator Sean O’Keefe well as require passengers to sign waiv- space, the final frontier. bought into the prize paradigm, seeing to it ers of legal liability. Without such a EXHIBIT 1 that the agency itself would sponsor some of waiver, the investors fear excessive [From Aviation Week & Space Technology, these fledgling enterprises. lawsuits by trial lawyers. Without in- September, 2004] This week, Robert T. Bigelow will make some news on that front. He plans to an- vestors, many of these fledgling entre- COMMERCIAL SPACE—ATATIPPING POINT nounce a $50-million ‘‘America’s Space preneurial space companies will not be ‘‘I have such faith in the private sector Prize,’’ an orbital analog to the X-Prize. To able to get off the ground, both lit- that I’ve dreamed of the day that govern- be sure, taking humans into orbit and bring- erally and figuratively. ment monopoly would be replaced by coming them back safely is orders of magnitude Unfortunately, some Democrats want mercialization or at least some form of part- more difficult than taking them on a sub- to cater to the trial lawyers who want nership.’’ Those words, on the prospects of orbital ride, but don’t dismiss the salutary the ability to file frivolous lawsuits private manned spacecraft and industrial effects of $50 million. and collect millions of dollars should space stations, were penned by President Prizes have an important and glorious Ronald Reagan in a letter to Aviation Week place in the history of flight, dating to the something go wrong on a flight. Per- & Space Technology’s publisher in March days of the Wrights, Curtiss and Santos-Du- haps even more frustrating is that they 1985. mont. The revolution in public under- will not explain exactly why they are It has taken two decades, but now there standing of the practicality and possibilities objecting. are tangible indications that such a dream of aviation that Charles A. Lindbergh Aviation Week is a magazine I have could indeed become a reality. Many of them wrought in laying claim to the $25,000 Orteig subscribed to for many years. It is a are detailed in this week’s cover story (see p. Prize in 1927 is widely seen as having been a publication I have grown to respect. I 54) and in the lead article of our World News necessary ingredient for the growth of an have read it with frequency over the and Analysis section (see p. 26) But one of airline industry. the most visible indications is yet to come. We night now be poised at a tipping point years. It has an excellent article in its This week, Scaled Composites’ in public understanding of the commercial September 27, 2004, edition. It states: SpaceShipOne is set to make the first of the possibilities of human spaceflight. But if the One or more Democrats on the Senate two required flights to claim the $10 million X -Prize is to be remembered as something Commerce Committee are holding up this Ansari X-Prize far hauling three people (or more than a stunt, there must be a legal September 30, 2004 CONGRESSIONAL RECORD — SENATE S10053 framework in place for market-based innovation, says Stadd, who has long been NASA Commercial Transportation Call. spaceflight to grow. affiliated with commercial space start-ups. NASA has just issued a comprehensive ‘‘re- There is a measure pending in Congress Private/commercial ventures like quest for information’’ sounding out the that would go a long way to providing that SpaceShipOne carry an inherent high-risk of aerospace industry for new concepts in com- framework—the Commercial Space Launch failure, including the risk of a fatal accident, mercial space transportation services related Amendments Act of 2004 (H.R. 3752)—but it But the new commercial space industry is to the agency’s new exploration initiative. It has been stalled in the Senate for months. It far more steeled to accept and recover from is the single most comprehensive call for would spell but FAA licensing rules for sub- failure than it was earlier, Stadd said. commercial space transportation concepts orbital flights. Most critically, the bill Several new commercial space milestones ever made by the agency. Responses, on would make it clear that paying passengers have just occurred or will occur by early Oc- which new contracting can be based, are due are ‘‘spaceflight participants’’ who under- tober. They include: back next September. stand the risks. And it would require them to SpaceShipOne X-Prize flights. The flights Darpa/USAF Rapid Launch Awards. Nearly sign waivers of legal liability. Without this to capture the X-Prize are set for Sept. 29 $42 million in development contracts are just provision, the prospect of relatives of pas- and Oct. 4. at Mojave, Calif. Propulsion sub- being awarded to four companies, mostly sengers suing and collecting millions in dam- contractor SpaceDev of Poway, Calif., itself commercial space start-ups, as Phase II in ages following an accident would likely scare a small commercial space company, has de- the Darpa/USAF Falcon Small Launch Vehi- off investors. And without outside investors, livered to the Burt Rutan team three new cle (SLV) program. The effort is designed to SpaceShipOne systems carrying more syn- many of today’s space entrepreneurs will go lead to a much more rapid launch capability thetic rubber fuel and nitrous oxide oxidizer out of business in the not-too-distant future. for 1,000-lb. critical U.S. military satellites than used during the demonstration flight This bill is not some wild-eyed libertarian for less than $5 million per mission. June 21 (AWST June 28, p. 28). scheme. It passed the House in March by a Except for Lockheed Martin, which re- This is to provide more performance ear- ceived $11.6 million, all of the winners are vote of 402–1. Science Committee Chairman lier in the profile when the vehicle is in the small start-up companies. Lockheed’s con- Sherwood Boehlert of New York, perhaps the lower, more dense, atmospheric phase of cept builds on its Michoud, La., development ‘‘greenest’’ Republican in the House, even flight. More performance at lower altitude is of a hybrid powered system burning nontoxic went along with a provision that would ex- necessary so the engine can more assuredly fuel and liquid oxygen (AWST Feb. 3, 2003, p. empt these launchers from some environ- propel the slightly heavier X-Prize config- mental regulations. Admitting he first ured vehicle higher than 62 mi. altitude. 54). thought the legislation ‘‘flighty,’’ Boehlert Canadian Da Vinci X-Prize attempt. The There is a range of innovative launch con- says he came to see it as essential: ‘‘This is Canadian Da Vinci Project plans to make its cepts among the commercial start-up compa- about a lot more than ‘joy rides’ in space, al- first try for the X-Prize with launch of a nies that won, but only AirLaunch would de- though there’s nothing wrong with such an manned rocket from a balloon 80,000 ft. over ploy its two-stage ‘‘QuickReach’’ liquid pro- enterprise. This is about the future of the Kindersley, Saskatchewan, as early as Oct. 2. pellant booster from a C–17 that could be U.S. aerospace industry.’’ SpaceDev’s ‘‘Dream Chaser’’ manned vehicle. staged from literally any friendly airfield One or more Democrats on the Senate In a major new development, SpaceDev has around the world. Commerce Committee are holding up this just signed an agreement with the NASA It won $11.3 million to explore the concept bill, and, maddeningly, no one will say pub- Ames Research Center for technology col- that could provide great launch flexibility. licly what they object to. Democrats say laboration in the design of what initially Several small commercial space companies they want the job growth the Bush adminis- would be a new higher-performance commer- including Space Vector Inc. of Chatsworth, tration has failed to deliver. If they do, they cial manned suborbital vehicle capable of Calif., and Universal Space Lines of Newport ought to pass this bill. If they do not pass it, carrying 3–5 people to about 100 mi. altitude. Beach, Calif., are part of the AirLaunch part of their legacy may be that of having This compares with about 62 mi. for the 1–3- team. Another winner was Microcosm of El strangled an infant industry in the crib. person SpaceShipOne. The new vehicle will be designed using the Segundo, Calif., that is developing the sim- SHOW TIME basic aerodynamic shape of the Orbital ple liquid oxygen/kerosene pressure-fed ‘‘Scorpius’’ engine system. Microcosm won (By Craig Covault) Sciences/U.S Air Force X–34 demonstrator that never flew before cancellation. The X–34 $10.4 million to further develop its 52-ft.-long The Scaled Composites SpaceShipOne sub- Sprite launcher using a six-barrel cluster of orbital vehicle that will attempt this week concept, but not the original hardware, will be redesigned for manned vertical launch on the engines to provide 120,000 lb. of liftoff and next to twice rocket above 100 km. to thrust. claim the $10-million Ansari X-Prize high- suborbital flights as early as 2008, depending upon the flow of commercial or government SpaceX, also based in El Segundo, won $8 lights a major new wave of commercial space million for its Falcon launcher. The project, activity taking stride into early October. funding for the program, said Jim Benson, SpaceDev chairman and CEO. SpaceDev and by coincidence, has the same name as the The initiatives include the planned an- overall Air Force/Darpa program. nouncement this week of a new, much larger Ames will work on potential utilization of the vehicle by NASA, USAF or the private All of the selected companies are to con- $50-million ‘‘America’s Space Prize’’ to spur sector. Benson’s ultimate objective is to duct 10-month preliminary design studies to- private development of an orbital space scale the Dream Chaser design to an orbital ward a downselect to one or more competi- transport that by 2010 could carry 5–7 astro- vehicle. tors that will perform an actual launch in nauts to an orbiting station. SpaceX Falcon 1 to Vandenberg. The first 2007. The new America’s Space Prize is being privately developed low-cost Falcon 1 un- But since SpaceX is more advanced in initiated by millionaire developer Robert T. manned orbital launch vehicle has been com- hardware fabrication than the other com- Bigelow who wants a low-cost manned trans- pleted by SpaceX at its El Segundo plant and petitors, Darpa and USAF have asked it to port to take crews to Bigelow Aerospace in- is to be taken late this week or early next to perform an ‘‘Early Responsive Launch Test’’ flatable space modules under development in its launch pad at Vandenberg AFB, Calif. with a Falcon 1 launch about July 2005. Musk North Las Vegas, Nev. (see cover and p. 54). This major milestone could lead to the first said the objective will be to cut the Falcon’s Until recently, individual commercial launch by late November, if a static firing on launch pad time by 50%—to just one week. space ‘‘wannabes’’ struggled for technical the pad can be completed before the Western This Aviation Week & Space Technology competence and respectability. Range closes for upgrades throughout De- editor recently saw the first Falcon flight But a more business-like approach by com- cember, says Elon Musk, CEO of Space Ex- vehicle in final assembly at the SpaceX mercial space company managers coupled ploration Technologies (SpaceX). plant in El Segundo. with their innovative use of technology is Musk told Aviation Week & Space Tech- It is being readied this week for the trip to enabling them to capture bigger government nology he now has four firm contracts with Vandenberg AFB and mounting on its launch contracts, such as the $42 million just award- deposits for Falcon missions, including one pad. ed by the Defense Advanced Research just signed with the Malaysian Space Agen- The flight engines have completed their Projects Agency (Darpa) for quick reaction cy. Two others are from the U.S. government final pre-integration qualification tests at launch developments. and one from Bigelow Aerospace for launch SpaceX test facilities near McGregor, Tex., The new commercial companies are also of a Genesis one-third scale inflatable mod- and development engines and components increasingly ‘‘breaking down the hidebound ule. continue to be tested at the site. Earlier bureaucracies’’ of NASA and the larger aero- Commercial Zero-G flights. Amerijet Inter- turbopump problems have been solved. But space companies, says Courtney Stadd, national of Fort Lauderdale, Fla., has just some other engine components, earlier made NASA’s former chief of staff. He says com- become the first commercial airline ever to of aluminum, have been switched to Inconel mercial space is beginning to do this with a receive FAA certification for commercial because of a hairline crack found in one sev- more diverse, and increasingly capable base parabolic weightless flight operations. The eral weeks ago. of dynamic new companies, staffed with flights are to begin Oct. 9, at about $3,000 per The Falcon 1 first stage will likely end up younger engineers more representative of person. The project will use a Boeing 727–200 weighing less than its specification weight— the future than the past. to conduct parabolic tourist flights out of a highly positive factor. This is because ear- They are forming in effect ‘‘a new national the Fort Lauderdale/Hollywood, Fla., Inter- lier delays allowed the program enough time incubator for technology and talent’’ that national Airport in connection with the to switch a composite interstage for a heav- aerospace industry can draw upon for major Zero-6 Corp. ier aluminum structure, saving about 150 lb. S10054 CONGRESSIONAL RECORD — SENATE September 30, 2004 Also switching the overall thrust frame from is very different from the laissez faire ap- that he is aware of and I am aware of. steel to titanium has saved another 100 lb. proach which existed during the barn- He does a wonderful job. He is such a These improvements will be especially help- storming days of aviation.) good person. Tonight, he will be no ful when the vehicle eventually begins to The bill also creates a new, streamlined ex- longer a Lieutenant Colonel but will launch heavier payloads, Musk said. perimental permit regime that allows for expedited review of non-revenue flight test of become a full Colonel in the Nevada EXHIBIT 2 vehicles so that companies can demonstrate Army National Guard. My friend, Bob Herbert, grew up as SEPTEMBER 21, 2004. safe operating records before proceeding to Senator JOHN MCCAIN, revenue flight. It should be noted that the son of a military man, retired Mas- Chair, Committee on Commerce, Science, & flights under experimental permits would ter Sergeant Robert W. Herbert. Bob, Transportation, 241 Russell Building, Wash- not be eligible to receive federal indem- my employee, decided at an early age ington, DC. nification against third party claims, and that he wanted to become a military Senator SAM BROWNBACK, even during revenue flight the spaceflight pilot. So even before he graduated from participants would not be eligible to receive Chair, Subcommittee on Science Technology, & high school, he joined the Army. Of Space, 303 Hart Building, Washington, DC. indemnification. For all of these reasons, H.R. 3752 was course, he is well educated. He did Senator ERNEST HOLLINGS, graduate from high school. He now has Ranking Member, Committee on Commerce, sponsored by the committee’s bipartisan Science, & Transportation, 125 Russell leadership, and passed the House of Rep- a master’s degree from George Wash- Building, Washington, DC. resentatives by the overwhelming vote of 402 ington University. He worked very Senator JOHN BREAUX, to 1 in March of this year. hard to get that. He graduated from Chair, Subcommittee on Science Technology, & In recent months, Congressional staff, the high school in Slinger, WI, and went to Space, 503 Hart Building, Washington, DC. FAA, and various industry participants have basic training, and then on to flight DEAR SIRS, we are writing to respectfully developed compromise language that would provide greater clarity over regulatory juris- school. He was immediately thereafter urge that the Senate Committee on Com- assigned to Germany where he flew pa- merce, Science and Transportation quickly diction of so-called hybrid suborbital rock- report out and secure Senate passage of a ets. With these changes, which are attached trols along the borders between East perfected H.R. 3752, the Commercial Space to this letter, H.R. 3752 is ready for final con- and West Germany. This, as we all Launch Amendments Act of 2004. sideration in and passage by the Committee know, were the front lines of the Cold As you know, the U.S. commercial expend- on Commerce, Science, and Transportation War. able launch vehicle industry is challenged by Committee and the full Senate. After he was reassigned from Ger- a highly competitive international market, We, the undersigned leaders of this indus- many, Colonel Herbert completed his and NASA’s recent orbital reusable launch try and supporting public policy organiza- undergraduate work at Embry-Riddle vehicle development programs have not been tions, therefore respectfully urge you to support this consensus amendment and send a Aeronautical University. He then went successful. Fortunately, the recent emer- to test pilot school and became an gence of a suborbital reusable launch vehicle perfected H.R. 3752 to the Senate floor this industry demonstrates that American entre- month for passage by unanimous consent so Army test pilot. preneurs are bringing new private resources it can be reconsidered by the House and en- As a test pilot, he flew helicopters and ideas to bear on the vital goal of advanc- acted into law before the November election. which, as we all know, are so impor- ing U.S. space transportation capabilities Truly yours, tant not only in modern military mis- and competitiveness, largely to pursue new Jeff Greason, XCOR Aerospace; Elon sions but also for important jobs at commercial human spaceflight markets. Musk, Space X; Eric Anderson, Space home, such as fighting fires and the Adventures; Bill Khourie, Oklahoma The Commercial Space Launch Act of 1984 emergency transport of accident vic- (CSLA) as amended (49 U.S.C. 70101 et seq.) Space Industry Development Author- ity; Greg Allison, Chairman, Executive tims. gives the Secretary of Transportation sole I just finished a telephone conversa- regulatory authority over commercial space Committee National Space Society; transportation, which has been delegated to John Carmack, Armadillo Aerospace; tion with my friend Don Phillips—my the FAA’s Office of the Associate Adminis- George French, Rocketplane, Ltd; Hon. friend of longstanding who lives in Lin- trator for Commercial Space Transportation Andrea Seastrand, California Space coln County, NV, in Caliente actually, (ASST). That jurisdiction includes launches Authority; Brian Chase, Space Founda- 145 miles from Las Vegas—and a heli- of a ‘suborbital rocket’ on a ‘suborbital tration. copter took his wife Dorothy to a hos- jectory,’ but unfortunately those terms were Mr. INHOFE. Mr. President, I suggest pital in Las Vegas where she is very ill. never defined in law. Furthermore, the CSLA the absence of a quorum. Helicopters are important for all kinds is silent on the issue of whether such vehi- The PRESIDING OFFICER. The of uses. cles might carry persons. Therefore, confu- clerk will call the roll. sion has developed as to whether some of All these years, Bob has been moving these suborbital RLVs might be regulated as The legislative clerk proceeded to around from place to place, and he a rocket or an airplane, or worse still, as call the roll. wanted someplace to settle down. One both. Last summer a joint hearing of the Mr. REID. Mr. President, I ask unan- of his fellow test pilots was a man Senate Science, Technology, and Space Sub- imous consent that the order for the named Randy Sayre who was from committee and the House Space & Aero- quorum call be rescinded. Fallon, NV. He told Colonel Herbert nautics Subcommittee heard strong and The PRESIDING OFFICER. Without what hundreds of thousands of other unanimous testimony that this regulatory objection, it is so ordered. people have discovered—that Nevada is uncertainty was a real and unnecessary barrier to private investment in, and therefore f a great place to live. So when Bob got out of the Army, he the success of, this new suborbital RLV in- PROMOTION OF COLONEL ROBERT moved to Reno and joined the Nevada dustry, and that Congress needed to fill in T. HERBERT the ‘‘legislative gap’’ in the CSLA. Army National Guard. About that To address this issue, the House Science Mr. REID. Mr. President, in our clos- time, as a member of the Appropria- Committee crafted H.R. 3752 after holding an ing tonight, we are going to advance a tions Defense Subcommittee, I learned additional public hearing, a private forum, number of military officers who have that Bob Herbert was really good. He is and extensive individual consultations with been reported out of the Armed Serv- someone whom I met. He had connec- a broad range of interested and disinterested ices Committee today. tions in the military circles in Nevada. parties. The legislation not only creates the It was with a special pleasure today regulatory clarity needed by industry, but I had heard about Bob, that he was not strikes an important balance among com- that I spoke to Senator LEVIN and he only good with military matters but peting public policy objectives. told me that COL Robert T. Herbert also good with numbers. For example, the legislation continues the had been reported out of the Armed At my request, he arranged to come CSLA’s priority of protecting the safety of Services Committee. Robert T. Herbert to Washington and work in Washington the uninvolved public, and also affirms FAA/ runs my Las Vegas office. Seventy-two as a fellow with the Brookings Institu- AST’s authority to set safety-related re- percent of the people in the State of tion. He was assigned to me. During quirements for crew in these new vehicles. Nevada live in the Metropolitan Las that time, I had the privilege of pin- H.R. 3752 and its committee report also di- Vegas area. He has an extremely im- rects FAA to promulgate regulations requir- ning Bob with his Lieutenant Colonel ing the full disclosure of the safety records portant, responsible job for the people insignia when he made that rank. of human spaceflight vehicles and their oper- of the State of Nevada to make sure I also grew to depend on his judg- ating companies to all prospective cus- that what goes on in Nevada—espe- ment and advice, not just about mili- tomers, giving them informed consent. (This cially on a Federal level—is something tary matters but about many other September 30, 2004 CONGRESSIONAL RECORD — SENATE S10055 issues. He was able to make decisions passed a resolution that commemo- that the messages, protocols, policies, and had a lot of common sense. rates National Domestic Violence and dialogues fostered by the Violence When his fellowship was finished, he Awareness Month and renews the Sen- Against Women Act become institu- joined my staff here in Washington. He ate’s commitment to raise awareness tionalized across the country. We need worked on military and veterans af- about domestic violence and its dev- to usher the Act into the 21st century fairs, and transportation and tech- astating impact on families. While the and implement it with the next genera- nology issues. He came to work here in Violence Against Women Act has been tion—recent police academy graduates my Washington office while continuing law for 10 years, none of us can afford who want to be trained on handling to serve his Guard unit in Nevada. to stop talking about domestic vio- family violence, newly elected state As I mentioned earlier, he also lence and encouraging victims to come legislators who want to update State earned a master’s degree in public ad- forward and seek help. laws on stalking, and the next genera- ministration from George Washington Throughout the month, cities, orga- tion of children who must be taught University, my alma mater, working nizations, businesses, religious institu- that abuse will not be tolerated. full time when he was doing this. tions, and many others are organizing Next year the Senate will have the He worked for me 4 years back here, events to commemorate National Do- opportunity to reauthorize the Vio- and I asked him if he would return to mestic Violence Awareness Month. For lence Against Women Act which may Nevada. He is not from Las Vegas. He instance, Marie Claire magazine and make improvements to core programs, is from northern Nevada, Reno, but Liz Claiborne Inc. have joined forces to tighten criminal penalties and create being the good soldier he is, he agreed create ‘‘Its Time to Talk’’ Day on Oc- new solutions to challenges facing bat- to do this. tober 14 to encourage greater public tered women. Some of the initiatives He has done a tremendous job in this dialogue about domestic violence. suggested include school-based pro- very demanding position, and during Around the country, media personal- grams to treat the millions of children all this, he continues to fulfill all his ities, governmental officials, domestic who witness domestic violence, home duties in the Army National Guard. violence advocates, businesses and the visitation programs to prevent family Colonel Herbert now has 29 years of public-at-large will be taking a mo- violence, targeted training and edu- service, which you would never believe ment—or more—to talk openly about cation about domestic violence for if you met him because he looks so this ‘‘dirty little secret’’ that affects health professionals, and greater tran- young. He is the State Army Aviation nearly one in three women in this sitional housing resources. I look for- Officer, meaning he is in charge of all country. ward to working with my colleagues to the Army aviation guard in Nevada. The health care community has des- craft a comprehensive and balanced Vi- He has more than 7,000 hours as a ignated October 13 as Health Care olence Against Women Act of 2005. pilot, and that time is split about half Cares About Domestic Violence Day to In the meantime, I thank the count- with helicopters and half with air- raise awareness, and encourage doctors less men and women working tirelessly planes. and nurses to screen for domestic vio- in their hometowns to end domestic vi- In the Nevada Army National Guard, lence while delivering routine and olence. As I have said before, these ad- they mostly fly helicopters. They have emergency care. On October 7, Mar- vocates, lawyers, service providers, the OH–58, which is used in shall’s will donate a percentage of that judges, police, nurses, shelter directors counterdrug trafficking and the day’s sales from all of its stores to or- and many more, are saving lives, one Blackhawk, which is an air ambulance ganizations fighting domestic violence. woman at a time. During National Do- unit, and the Chinook, which is used Many communities, from Morrisville, mestic Violence Awareness Month, we for heavy lifting and is especially use- VT to Lake Charles, LA, are holding have a chance to acknowledge their ful for fighting fires. They also have a candlelight vigils to remember and hard work, talk loud and clear about KingAir airplane. honor victims of domestic violence. domestic violence and support the cou- We all trust people who work for us. I cannot overestimate the impor- rageous women escaping violent We trust their judgment, and we rely tance of these local and national homes. on their experience and skill, but I lit- events that spotlight domestic violence f erally trust Bob Herbert with my life, and enlist the whole community to get as he has flown me to various places involved. While much progress has been LOCAL LAW ENFORCEMENT ACT around the State of Nevada. made at the local, State and Federal OF 2003 I am very proud of this man, the way level to hold batterers accountable Mr. SMITH. Mr. President, I today he represents me, the State of Nevada, with serious consequences and treat speak about the need for hate crimes and the Senate. I know all Nevadans victims with dignity, the scourge of do- legislation. On May 1, 2003, Senator are proud not only of Colonel Herbert mestic violence is far from over. KENNEDY and I introduced the Local but all the brave men and women who Progress is not mission accomplished. Law Enforcement Enhancement Act, a are serving our State and our Nation Tragic statistics reveal the stark bill that would add new categories to today. truth that we cannot turn our atten- current hate crimes law, sending a sig- f tion away from fighting domestic vio- nal that violence of any kind is unac- lence. On average, each day more than ceptable in our society. REMOVAL OF COSPONSORSHIP three women are murdered by this hus- On November 29, 2001 in Santa Rosa, Mr. DOMENICI. Mr. President, I ask bands or boyfriends. Nearly one in CA, three teenagers were charged with unanimous consent that I be removed three women experience at least one battery, conspiracy and a hate crime as a cosponsor from amendment No. physical assault by a partner during for allegedly assaulting a student they 3801 to the National Intelligence Re- her lifetime. In a recent poll, nine in believed was gay. form Act of 2004, S. 2845. There has ten women said that ending domestic I believe that the Government’s first been a misunderstanding. That is the violence was their number one priority. duty is to defend its citizens, to defend reason I ask that this request be grant- One in five adolescent girls becomes a them against the harms that come out ed. victim of physical or sexual abuse, or of hate. The Local Law Enforcement The PRESIDING OFFICER. Without both, in a dating relationship. In addi- Enhancement Act is a symbol that can objection, it is so ordered. tion to the incalculable human costs of become substance. By passing this leg- f domestic violence, the Centers for Dis- islation and changing current law, we ease Control and Prevention recently can change hearts and minds as well. NATIONAL DOMESTIC VIOLENCE found that violence against women f AWARENESS MONTH costs our country in excess of $5.8 bil- Mr. BIDEN. Mr. President, tomorrow lion each year. VOTE EXPLANATION marks the beginning of October, cele- As resolute police chiefs retire, State Mr. NELSON of Florida. Mr. Presi- brated nationally as National Domestic task forces reorganize or committed dent, I was necessarily absent from Violence Awareness Month. Earlier district attorneys are replaced by rollcall vote No. 193. On the motion to this week, this body unanimously newly elected leaders, we must ensure table amendment No. 3795, to S. 2845, I S10056 CONGRESSIONAL RECORD — SENATE September 30, 2004 would have voted ‘‘aye.’’ This would ability to receive one or more of their viewed’’ test now used for cable, but not change the outcome of the vote. satellite television network stations. not satellite subscribers. That test I was necessarily absent from rollcall Back then, Congress acted and not only means that, in general, if a person in a vote No. 194. On the motion to table protected access to those stations but cable service area that historically re- amendment No. 3802, to S. 2845, I would also expanded consumer opportunities ceived over-the-air TV reception from have noted ‘‘no.’’ This would not to receive more programming options. ‘‘nearby’’ stations outside that area, change the outcome of the vote. This time around the story may not those cable operators could offer those f have such a happy ending. As we near station signals in that person’s cable the end of the session, I grow more con- service area. In other words, if you HIS EXCELLENCY BADER OMAR cerned that Congress will not have were in an area in which most families AL-DAFA, AMBASSADOR OF time to pass a reauthorization of the in the past had received TV signals QATAR TO THE UNITED STATES Satellite Home Viewer Act. This is es- using a regular roof-top antenna then Ms. STABENOW. Mr. President, I pecially disappointing because many you could be offered that same signal would like to take a moment to recog- members of the other body and many TV via cable. By having similar rules, nize His Excellency Bader Omar Al- Senators have worked diligently to satellite carriers will be able to di- Dafa, a distinguished diplomat, current craft legislative language that would rectly compete with cable providers Ambassador of the State of Qatar to be a boon to public television, the sat- who already operate under the signifi- the United States, and alumni of West- ellite industry, the movie, music and cantly viewed test. This gives home ern Michigan University. In 1975, Am- television industries, and to satellite dish owners more choices of program- bassador Al-Dafa, earned his bachelor’s dish owners throughout America. ming. degree in political science from West- Indeed, families who own satellite In the past, Congress got the job ern Michigan University, and I am dishes may end up being the big losers done. Congress worked well together in pleased that on October 15, 2004, he will if provisions of that act are not ex- 1998 and 1999 when we developed a receive the prestigious Alumni tended. Many midwestern and Rocky major satellite law that transformed Achievement Award in Political Mountain States have vast areas where the industry by allowing local tele- Science from Western Michigan Uni- satellite dish owners receive imported vision stations to be carried by sat- versity. network stations such as ABC, NBC, ellite and beamed back down to the Ambassador Al-Dafa’s long and dis- CBS or Fox. Thousands of these fami- local communities served by those sta- tinguished career began in 1976 as a lies do not have any other choices. tions. This marked the first time that diplomatic attache´ at the Ministry of They do not have access to TV stations thousands of TV owners were able to Foreign Affairs, Doha. He has since over-the-air because of mountain ter- get the full complement of local net- served as ambassador in numerous rain or distance from the broadcast work stations. In 1997 we found a way posts, most recently as ambassador to towers. They do not have access to to avoid cutoffs of satellite TV service the Russian Federation. Prior to this cable because of the rough terrain or to millions of homes and to protect the assignment, he served as non-resident the lack of population density which local affiliate broadcast system. The ambassador to Finland, Latvia, Lith- makes it economically impossible for following year we forged an alliance uania, and Estonia; ambassador to cable companies to invest. Without ac- behind a strong satellite bill to permit France and non-resident ambassador to cess to network stations via satellite, local stations to be offered by satellite, Greece; ambassador to Egypt; and am- over-the-air, or cable those families thus increasing competition between bassador to Spain. While serving in will no longer be able to receive na- cable and satellite providers. We also worked with the Public Cairo, Ambassador Al-Dafa was his tional news programming or other net- Broadcasting System so they could country’s permanent representative to work TV programming. the Arab League. Prior to serving as If Congress does not reauthorize pro- offer a national feed as they ambassador to the United States, Am- visions of current law by December 31, transitioned to having their local pro- bassador Al-Dafa served as the director 2004, hundreds of thousands of house- gramming beamed up to satellites and of European and American affairs at holds will lose satellite access to net- then beamed back down to much larger audiences. the Ministry of Foreign Affairs, Doha. work TV stations. Since information Because of those efforts, in Vermont As ambassador to the United States, about subscribers is proprietary it is and most other States, dish owners are Bader Omar Al-Dafa’s solid under- difficult for me to tell you exactly how able to watch their local stations in- standing of America and over 25 years many families will be affected by this, stead of getting signals from distant of diplomatic experience strengthens but I assure you it is not a small num- stations. Such a service allows tele- the warm relationship between our two ber. vision watchers to be more easily con- The Senate Judiciary Committee got countries. His efforts to build relation- nected to their communities as well as its job done in June. We reported a ships and foster understanding between providing access to necessary emer- great bill out of Committee without a America, Qatar and the Arab world gency signals, news and broadcasts. through his work and his support for single amendment and without a single I hope we are able to work together initiatives in the Arab-American com- nay vote. That bill does far more than to finish this important satellite tele- munity have earned him the respect just protect satellite dish owners from vision bill in the few remaining days of and admiration of my colleagues in losing signals. At the time I pointed this Congress. Congress and the citizens of Michigan. out that the new satellite bill ‘‘pro- f I know my colleagues join me in con- tects subscribers in every State, ex- gratulating Ambassador Al-Dafa for his pands viewing choices for most dish A SOLEMN ANNIVERSARY distinguished service and the pres- owners, promotes access to local pro- Mr. LEVIN. Mr. President, this fall tigious honor that Western Michigan gramming, and increases direct, head- marks a solemn 2nd anniversary of the University will confer on him. I extend to-head, competition between cable sniper attacks which terrorized the to him my hopes for continued success and satellite providers.’’ Washington, DC area and the country and for an enduring relationship be- I continued by saying that, ‘‘easily, for 3 weeks in 2002. In October of that tween our two countries. I also extend this bill will benefit 21 million satellite year, John Allen Mohammad, who was my best wishes to Ambassador Al- television dish owners throughout the sentenced to death, and John Lee Dafa’s wife, Awatef Mohamed Al-Dafa, nation, and I am happy to note that Malvo who was sentenced to life im- and their three children. over 85,000 of those subscribers are in prisonment, indiscriminately shot 13 f Vermont.’’ innocent people, killing ten. The Senate and House Judiciary In a settlement that marked victory A REAL THREAT TO SATELLITE Committee-reported bills go far beyond for the 2002 sniper shooting victims, TELEVISION SERVICE protecting what current subscribers re- Bushmaster Firearms, manufacturer of Mr. LEAHY. Mr. President, in 1998 ceive. The bills allow additional pro- the XM–15 assault rifle used in the at- and 1999 over 2 million families were gramming via satellite through adop- tacks, agreed to pay $550,000 in dam- faced with the prospect of losing the tion of the so-call ‘‘significantly ages for negligence leading to criminal September 30, 2004 CONGRESSIONAL RECORD — SENATE S10057 violence in connection with the shoot- bonds. If the lender refinances an old in criminal justice and Afro-American ing spree. bond, it is still treated as an old bond studies before entering his career of According to reports, Bushmaster but with a longer life. The second loop- service. After retiring from the Army continued to sell firearms, including hole allows for the volume of loans reas a military policeman, Officer Davis the XM–15 assault rifle used in the ceiving this excessive subsidy to grow. spent a year supervising juvenile of- sniper shootings, to Bull’s Eye Shooter Even if a tax-exempt bond finances a fenders as a youth service officer for Supply in Tacoma, WA, even after sev- loan only temporarily, that loan is per- the Indiana Department of Transpor- eral ATF audits documented the deal- manently treated as if it was financed tation. He also worked as a drill iner’s inability to responsibly account by a tax-exempt bond. structor for troubled youth in a pro- for its inventory of weapons. Reports The serial refinancing of loans is an gram called Project Impact. indicate that 238 guns had gone missing accounting trick that ratchets up the Above all, Officer Davis was a de- from Bull’s Eye’s inventory and over 50 subsidies the Government must pay. In voted family man who relished his had been traced to criminal acts since fiscal year 2001, the 9.5 percent guar- time with loved ones. He dedicated his 1997. As part of the settlement with antee cost American taxpayers ap- life to the noblest of causes; his family, victims, Bull’s Eye has agreed to pay $2 proximately $200 million. Now GAO and his job and keeping others safe. Officer million for its negligence in failing to others have estimated that the cost is Davis leaves behind his wife, Veleeda account for the assault rifle that ended nearly five times greater this year. and his three young children, Josiah, 8, up in the hands of the snipers. That is a billion dollars in unnecessary Jarren, 3, and Jaedyn, who will be two Earlier this year, I voted with 89 of subsidies. This windfall has a sec- in December. May his children grow up my colleagues to defeat S. 1805, the ondary effect. U.S. News & World Re- knowing that their father was a brave, Protection of Lawful Commerce in port credits this ‘‘obscure loophole in hard-working and loving man. Arms Act. That bill would have weak- federal law’’ with giving private lend- In the wake of his death, friends, ened the legal rights of gun violence ers the financial latitude to lure col- neighbors and fellow officers came to- victims by terminating a wide range of leges and universities away from the gether to remember and celebrate the pending and prospective civil cases direct loan process. life of Officer Davis. Butler Police against members of the gun industry. Old loans are very much alive and Chief David Selby described Officer The victims of the sniper shootings multiplying in plain sight of Federal Davis to the Indianapolis Star as ‘‘an would have lost their ability to sue regulators. Lenders use the 9.5 percent outstanding officer . . . and a very Bushmaster Firearms and Bull’s Eye bond funds to finance a set of loans for good friend to all of us,’’ adding that he Shooter Supply had S. 1805 become law. as little as one day and that new loan would be missed by many. Those who For the families and victims im- earns a 9.5-percent guaranteed return knew him well recall Officer Davis’ pacted by the 2002 sniper attacks, no for life. Nelnet, the Nebraska based Na- dedication to his job and his efforts to amount of money will replace their tional Education Loan Network, is the help troubled teens. A friend remem- loss and suffering. However, we should lender that has exploited 9.5 percent bered Officer Davis’ strong belief that continue to pursue sensible gun safety loans more aggressively than any there were ‘‘no bad children, just chil- legislation, including reinstating the other, increasing its 9.5 percent hold- dren who made bad decisions or came expired assault weapons ban, to help ings nearly tenfold in the last 18 from a bad environment.’’ Throughout his career, Officer Davis prevent future gun crimes and improve months. These subsidies have already con- distinguished himself as a policeman the security of communities across our sumed a disproportionate share of the who genuinely cared about the stu- Nation. Nation’s financial dollars. Although dents he was working to protect. Stu- f loans carrying the 9.5 percent subsidy dents recall him as someone who could STUDENT LOAN ABUSE rate account for no more than 8 per- be counted on for a safe ride home from PREVENTION ACT cent of the FFEL Program, they have class if he spotted them walking alone Mr. DURBIN. Mr. President, I rise to soaked up 78 percent of all subsidies in the dark and by fellow officers as a speak on behalf of the Student Loan paid to lenders under the program in devoted member of their team. His Abuse Prevention Act. I am pleased to the current fiscal year. We need to halt brave and caring actions leave behind and reverse the explosive growth of 9.5- join Senator MURRAY as a cosponsor of an unforgettable impression of the the measure. This bill would amend the percent loans. Each day of delay allows kind of man he was. Higher Education Act of 1965 to end the more loans to be converted to 9.5-per- It is my sad duty to enter the name siphoning of taxpayer dollars to pay cent loans, enriching lenders and un- of James L. Davis into the United dermining the direct loan program. ONGRESSIONAL RECORD. As Offi- exorbitant interest rates on student States C I urge my colleagues to support the cer Davis rests with God in eternal loans. bill to end this outdated subsidy. A special class of student loans, fi- peace, let us never forget the courage nanced by tax-exempt bonds issued be- f and sacrifice he displayed when he laid fore October 1993, has become a BUTLER UNIVERSITY POLICE down his life on September 24, 2004. goldmine for the companies that hold OFFICER JAMES L. DAVIS f them. In the 1980s, Congress created Mr. BAYH. Mr. President, I rise ADDITIONAL STATEMENTS the Guaranteed Student Loan Pro- today to pay tribute to and honor the gram, now known as the Federal Fam- life of James Davis, a Butler Univer- ily Education Loan Program, or sity Police Officer who was killed in GEORGE WASHINGTON FFELP, to keep college loans acces- the line of duty on September 24, 2004. UNIVERSITY sible and affordable for students. Fac- Officer Davis was shot down by a gun- ∑ Mr. CONRAD. Mr. President, I would ing high interest rates, the program man while investigating reports of a like to recognize and congratulate both guaranteed lenders an interest rate of suspicious person inside Hinkle Field- the George Washington University and 9.5 percent to entice them to join the house, the campus arena. its Graduate School of Education and program. On Friday morning, Officer Davis left Human Development on achieving cen- Congress intended to end the special his patrol car to seek out a man who tennial milestones this month. George treatment of tax-exempt bonds with had refused to exit Hinkle Fieldhouse Washington University, which is 183 the Omnibus Budget Reconciliation where students were practicing basket- years old and was created by an act of Act of 1993. But the way in which the ball. A member of Butler’s police force Congress in 1821, commemorates 100 grandfather clause for pre-existing since January 2003, Officer Davis, a 31- years of its name change from Colum- bonds was drafted has had the opposite year-old husband and father of three bian University to the George Wash- effect. Two loopholes have allowed stu- had his entire life before him when he ington University. dent loan companies to profit widely as confronted the suspect, a selfless act As an alumnus of GW, I am honored they recycle old tax exempt bonds to that would cost him his life. to offer congratulations for this inter- produce new subsidies. The first loop- Officer Davis graduated from Indiana nationally recognized institution of hole has extended the life of these University in 1995 with a double major higher education. S10058 CONGRESSIONAL RECORD — SENATE September 30, 2004 The university’s Grade School of But Katherine didn’t go to school in ices have been fully integrated into the sys- Education and Human Development Anchorage to prepare for a career in tem. celebrates 100 years of providing profes- healthcare. By the time she arrived in Dr. Eby pointed out in that accept- sional development. Anchorage, she had already dem- ance address that the patient centered The Graduate School of Education onstrated her commitment to the health care model would not have been and Human Development’s partner- wellbeing of her Native people. Kath- implemented without the visionary ships on major national projects have erine began her healthcare career as a leadership of Katherine Gottlieb. In Dr. impacted educational reform, increased community health aide in her home- Eby’s words, ‘‘This journey was going technological opportunities, and con- town of Seldovia, AK, a community of to happen. Katherine Gottlieb would tinues to assist and impact the quality about 306 people which is not connected accept nothing less.’’ of life for people in the United States. by road to the rest of Alaska, much The patient centered health care ini- Over the past century, students and less the continental United States. tiative is one of Katherine’s many con- alumni of the university have partici- In the roadless villages of rural Alas- tributions. The MacArthur Foundation pated in groundbreaking research, ka, community health aides provide also took note of Katherine’s creation championed political causes, and con- the link between the patient and med- of the Family Wellness Warriors Initia- tributed to the community of Wash- ical resources available in the larger tive, which seeks to revitalize the tra- ington, DC, and the American people. communities. Alaska’s Community ditional role of Alaska Native men as Over the past 100 years, several high- Health Aides are the front line health protectors and providers, making them profile graduates from the fields of providers in our last frontier. less inclined to fall into a pattern of government, business, education, and Perhaps it was this formative experi- domestic abuse. law have obtained degrees from GW. ence that led Katherine to champion They acknowledged Katherine’s lead- GW has awarded honorary degrees to the implementation of a patient cen- ership with respect to the Dena A Coy eight U.S. Presidents, which included tered healthcare delivery model at Residential Treatment Center, which is Theodore Roosevelt, Herbert Hoover, Southcentral Foundation. The Mac- the first residential facility for preg- Warren Harding, Calvin Coolidge, Arthur Foundation does not officially nant women in the United States fo- Harry Truman, John F. Kennedy, explain which qualities led them to se- cusing on prevention of fetal alcohol Dwight Eisenhower, and Ronald lect a particular nominee as a fellow. disorders and Pathway Home, a transi- Reagan; eight Supreme Court Justices; They explain that the fellowship is an tional living center which addresses and Alexander Graham Bell, just to investment in a person’s originality, the challenges of substance abuse, vio- name a few. insight and potential. lence and suicide among Native teen- In closing, I would like to congratu- But their announcement offers some agers. late the George Washington University clues about what led the foundation to These are just a few of the 75 med- president, Stephen Joel Trachtenberg, select Katherine. The announcement ical, behavioral health and community and the Graduate School of Education observes that Katherine, by cham- services that moved the MacArthur and Human Development dean, Mary pioning this patient centered delivery Foundation to conclude, ‘‘Under Kath- Hartwood Futrell. I know if President model, has transformed health care and erine Gottlieb’s leadership, the George Washington was here today, he related health programs in her Alaska Southcentral Foundation network has would be proud that his dream of a na- Native community. demonstrated that high-quality health tional university has not only been re- On February 10, 2003, Dr. Douglas care and effective preventive services alized, but that the university bearing Eby, Southcentral Foundation’s Vice are possible, even in communities fac- his name will continue to enrich the President for Medical Services, accepting obstacles of poverty and geographic lives of students from around the globe ed the Indian Health Service Physician isolation.’’ for centuries to come.∑ Leader of the Year Award. In his ac- Alaska has known for many years ceptance address he described the gen- f what a treasure we have in Katherine esis of the patient centered delivery Gottlieb. Now the Nation knows too. KATHERINE GOTTLIEB system as follows: But Katherine is not one to rest on her ∑ Ms. MURKOWSKI. Mr. President, The Native community and Southcentral laurels. An innovator and an entre- earlier this week the John D. and Cath- Foundation asked for a primary care system preneur, I have no doubt that this rec- erine T. MacArthur Foundation se- that was truly centered on the needs and ognition will spur Katherine to even lected an outstanding Alaskan, Kath- wants of the patient and family, that was built on the foundational strengths and val- greater heights. But one thing is for erine Gottlieb, as one of 23 distin- ues already present in the Native commu- sure. Katherine Gottlieb will never for- guished Americans who have been des- nity, that fully partnered with the patient get where she came from. She is an- ignated MacArthur Foundation Fel- and family, providing them with the infor- chored by the strength of her faith and lows for 2004. The MacArthur Fellow- mation and tools they needed in their jour- her values and grounded by her Native ship is better known as the ‘‘Genius ney toward wellness, that provided optimal heritage. Award’’ and that term aptly describes quality and access to every single Alaska I join with all Alaskans in congratu- my friend, Katherine Gottlieb. Native and American Indian eligible for serv- lating Katherine Gottlieb on this ex- Katherine, who is of Aleut and Fili- ices . . . What we did was to take the best ∑ pieces of programs we could find nationally traordinary accomplishment. pino descent, is the Chief Executive Of- and internationally that supported the vi- f ficer of Southcentral Foundation, sion of the Anchorage Native community MESSAGES FROM THE HOUSE which provides primary health care and Southcentral Foundation leadership and services to some 40,000 Alaska Natives created our own system of care. At 9:39 a.m., a message from the in Anchorage and Southcentral Alaska. This system allows over 40,000 individuals House of Representatives, delivered by Southcentral Foundation is also a and families to choose their primary care Ms. Niland, one of its reading clerks, partner in the management and oper- provider, enter into a long-term trusting re- announced that the House disagree to lationship with them, have same day access the amendment of the Senate to the ation of the cutting edge Alaska Native for any reason, and fully partner in their Medical Center. journey toward wellness. It has resulted in bill (H.R. 4520) entitled ‘‘An Act to Notwithstanding her lofty title, these primary care patients decreasing their amend the Internal Revenue Code of Katherine is no ‘‘corner office’’ execu- daytime use of the Urgent Care Center and 1986 to remove impediments in such tive. Her first job at Southcentral Emergency Room by about 50%, use of spe- Code and make our manufacturing, Foundation’s headquarters in Anchor- cialty clinics by over 30% and total primary service, and high technology businesses age was receptionist. She took the job care visits by about 20%. Quality of care and workers more competitive and pro- while undertaking undergraduate work measures such as immunization rates, cancer ductive both at home and abroad’’, and at Alaska Pacific University. She screening rates, depression screening/treat- agree to the conference asked by the ment, chronic pain screening/treatment, etc. worked her way up the ranks at have all maintained or significantly im- Senate on the disagreeing votes of the Southcentral Foundation and went on proved. Patient satisfaction measures have two Houses thereon; and appoints the to earn an MBA at Alaska Pacific Uni- been very positive. Support systems such as following members of the conference versity. health education, nutrition, and social serv- on the part of the House: September 30, 2004 CONGRESSIONAL RECORD — SENATE S10059 From the Committee on Ways and H.R. 3193. An act to restore second amend- The enrolled bills were signed subse- Means, for consideration of the House ment rights in the District of Columbia. quently by the President pro tempore bill and the Senate amendment, and H.R. 4731. An act to amend the Federal (Mr. STEVENS). modifications committed to con- Water Pollution Control Act to reauthorize the National Estuary Program. f ference: Messrs. THOMAS, CRANE, H.R. 4768. An act to authorize the Sec- MCCRERY, RANGEL, and LEVIN. MEASURES PLACED ON THE retary of Veterans Affairs to enter into cer- CALENDAR From the Committee on Agriculture, tain major medical facility leases, to author- for consideration of title VIII of the ize that Secretary to transfer real property The following bill was read the sec- House bill, and subtitle B of title XI of subject to certain limitations, otherwise to ond time, and placed on the calendar: the Senate amendment, and modifica- improve management of medical facilities of S. 2866. A bill to amend the Farm Security tions committed to conference: Messrs. the Department of Veterans Affairs, and for and Rural Investment Act of 2002 to clarify other purposes. GOODLATTE, BOEHNER, and STENHOLM. the authority of the Secretary of Agriculture From the Committee on Education H.R. 5105. An act to authorize the Board of and the Commodity Credit Corporation to Regents of the Smithsonian Institution to and the Workforce, for consideration of enter into memorandums of understanding carry out construction and related activities with a State regarding the collection of ap- sections 489, 490, 616, 701, and 719 of the in support of the collaborative Very Ener- Senate amendment, and modifications proved State commodity assessments on be- getic Radiation Imaging Telescope Array half of the State from the proceeds of mar- committed to conference: Messrs. System (VERITAS) project on Kitt Peak keting assistance loans. BOEHNER, SAM JOHNSON of Texas, and near Tucson, Arizona. The following resolution was dis- GEORGE MILLER of California. H.R. 5149. An act to reauthorize the Tem- From the Committee on Energy and porary Assistance for Needy Families block charged from the Committee on Rules Commerce, for consideration of section grant program through March 31, 2005, and and Administration, and ordered placed 662 and subtitle A of title XI of the for other purposes. on the calendar: S. Res. 360. Resolution expressing the sense Senate amendment, and modifications At 2:29 p.m., a message from the committed to conference: Messrs. BAR- of the Senate that legislative information House of Representatives, delivered by shall be publicly available through the Inter- TON of Texas, BURR, and WAXMAN. Ms. Niland, one of its reading clerks, net. From the Committee on the Judici- announced that the House has passed f ary, for consideration of sections 422, the following bill, in which it requests 442, 1111, 1151, and 1161 of the Senate the concurrence of the Senate: MEASURES READ THE FIRST TIME amendment, and modifications com- H.R. 5183. An act to provide an extension of The following bills were read the first mitted to conference: Messrs. SENSEN- highway, highway safety, motor carrier safe- time: BRENNER, SMITH of Texas, and CONYERS. ty, transit, and other programs funded out of H.R. 4596. An act to amend Public Law 97– For consideration of the House bill the Highway Trust Fund pending enactment and Senate amendment, and modifica- 435 to extend the authorization for the Sec- of a law reauthorizing the Transportation retary of the Interior to release certain con- tions committed to conference: Mr. Equity Act for the 21st Century. ditions contained in a patent concerning cer- DELAY. tain land conveyed by the United States to f At 6:36 p.m., a message from the Eastern Washington University until Decem- House of Representatives, delivered by ber 31, 2009. ENROLLED JOINT RESOLUTION Ms. Niland, one of its reading clerks, H.R. 4606. An act to authorize the Sec- AND BILL SIGNED announced that the House has passed retary of the Interior, acting through the At 12:34 p.m., a message from the the following bill, in which it requests Bureau of Reclamation and in coordination House of Representatives, delivered by the concurrence of the Senate: with other Federal, State, and local government agencies, to participate in the funding Ms. Niland, one of its reading clerks, H.R. 4231. An act to provide for a pilot pro- and implementation of a balanced, long-term announced that the Speaker has signed gram in the Department of Veterans Affairs groundwater remediation program in Cali- to improve recruitment and retention of the following enrolled bill and joint fornia, and for other purposes. resolution: nurses, and for other purposes. f H.J. Res. 107. Joint resolution making con- The message also announced that the tinuing appropriations for the fiscal year House has agreed to the following con- REPORTS OF COMMITTEES 2005, and for other purposes. current resolution, in which it requests The following reports of committees H.R. 4654. An act to reauthorize the Trop- the concurrence of the Senate: ical Forest Conservation Act of 1998 through were submitted: fiscal year 2007, and for other purposes. H. Con. Res. 501. Concurrent resolution By Mr. HATCH, from the Committee on honoring the life and work of Duke Elling- the Judiciary, without amendment and with The enrolled bill and joint resolution ton, recognizing the 30th anniversary of the were signed subsequently by the Presi- a preamble: Duke Ellington School of the Arts, and sup- S. Res. 424. A resolution designating Octo- dent pro tempore (Mr. STEVENS). porting the annual Duke Ellington Jazz Fes- ber 2004 as ‘‘Protecting Older Americans tival. At 12:51 p.m., a message from the From Fraud Month’’. House of Representatives, delivered by The message further announced that By Mr. HATCH, from the Committee on the Judiciary, with an amendment in the na- Ms. Niland, one of its reading clerks, pursuant to section 1012(c)(1) of the Medicare Prescription Drug, Improve- ture of a substitute: announced that pursuant to the re- S. 2195. A bill to amend the Controlled Sub- quest of September 20, 2004, the House ment, and Modernization Act of 2003 (42 U.S.C. 242b note), the Minority Leader stances Act to clarify the definition of ana- returned the act (H.R. 4567) making ap- bolic steroids and to provide for research and propriations for the Department of appoints Mr. Thomas M. Priselac of education activities relating to steroids and Homeland Security for the fiscal year Los Angeles, California, to the Com- steroid precursors. ending September 30, 2005, and for mission on Systemic Interoperability. By Mr. CAMPBELL, from the Committee other purposes to the Senate. f on Indian Affairs, with amendments: S. 2843. A bill to make technical correc- The message further announced that ENROLLED BILLS SIGNED tions to laws relating to Native Americans, the House has passed the following and for other purposes. bills, in which it requests the concur- The message also announced that the rence of the Senate: Speaker has signed the following en- f H.R. 1402. An act to designate the United rolled bills: EXECUTIVE REPORTS OF States courthouse located at the corner of H.R. 5149. An act to reauthorize the Tem- COMMITTEES Seventh Street and East Jackson Street in porary Assistance for Needy Families block Brownsville, Texas, as the ‘‘Reynoldo G. grant program through March 31, 2005, and The following executive reports of Garza and Filemon B. Vela United States for other purposes. committees were submitted: Courthouse’’. H.R. 5183. An act to provide an extension of By Mr. WARNER for the Committee on H.R. 3124. An act to designate the facility highway, highway safety, motor carrier safe- Armed Services. of the United States Geological Survey and ty, transit, and other programs funded out of *Peter Cyril Wyche Flory, of Virginia, to the United States Bureau of Reclamation lo- the Highway Trust Fund pending enactment be an Assistant Secretary of Defense. cated at 230 Collins Road, Boise, Idaho, as of a law reauthorizing the Transportation Air Force nomination of Lt. Gen. Bruce A. the ‘‘F.H. Newell Building’’. Equity Act for the 21st Century. Carlson. S10060 CONGRESSIONAL RECORD — SENATE September 30, 2004 Air Force nomination of Maj. Gen. Dennis Air Force nomination of James Miller. ate and appeared in the Congressional R. Larsen. Air Force nominations beginning Michael Record on September 10, 2004. Air Force nomination of Maj. Gen. William M. Harting and ending Joel C. Wright, which Army nominations beginning Thomas L. M. Fraser III. nominations were received by the Senate and *Adams, Jr. and ending Kathryn M. Air Force nomination of Lt. Gen. Carrol H. appeared in the Congressional Record on *Zambonicutter, which nominations were re- Chandler. September 8, 2004. ceived by the Senate and appeared in the Air Force nomination of Maj. Gen. Stephen Air Force nomination of Dana J. Nelson. Congressional Record on September 10, 2004. G. Wood. Air Force nomination of William E. Army nomination of Raymond L. Naworol. Air Force nomination of Colonel Robert A. Lindsey. Army nomination of Keith A. George. Knauff. Air Force nomination of Martin S. Fass. Army nomination of Curtis L. Beck. Air Force nomination of Col. Dana H. Air Force nomination of Frank A. Posey. Army nomination of Rex A. Harrison. Army nominations beginning Kevin Ham- Born. Air Force nomination of Tracey R. mond and ending Michael Knippel, which Air Force nomination of Col. Marshall K. *Rockenbach. nominations were received by the Senate and Sabol. Air Force nominations beginning Shannon appeared in the Congressional Record on Army nomination of Lt. Gen. Benjamin S. D. *Hailes and ending Michael F. Lamb, which nominations were received by the Sen- September 13, 2004. Griffin. Army nominations beginning Jaime B. * ate and appeared in the Congressional Army nomination of Maj. Gen. Kevin C. Anderson and ending Joseph G. * Williamson, Record on September 10, 2004. Kiley. which nominations were received by the Sen- Air Force nominations beginning Tommy Army nomination of Lt. Gen. James J. ate and appeared in the Congressional D. *Bouie and ending Jennifer L. *Luce, Lovelace, Jr. Record on September 13, 2004. Army nomination of Maj. Gen. James M. which nominations were received by the Sen- Army nominations beginning James R. An- Dubik. ate and appeared in the Congressional drews and ending Shanda M. Zugner, which Army nomination of Maj. Gen. Robert T. Record on September 10, 2004. nominations were received by the Senate and Dail. Air Force nominations beginning Noel D. appeared in the Congressional Record on Army nomination of Maj. Gen. David F. Montgomery and ending Alexander V. September 13, 2004. Melcher. *Servino, which nominations were received Army nominations beginning Michael C. Army nomination of Maj. Gen. R. Steven by the Senate and appeared in the Congres- Aaron and ending X4130, which nominations Whitcomb. sional Record on September 13, 2004. were received by the Senate and appeared in Army nomination of Lt. Gen. David D. Air Force nominations beginning Kathleen the Congressional Record on September 13, McKiernan. Harrington and ending Paul E. Pirog, which 2004. Army nominations beginning Brig. Gen. nominations were received by the Senate and Army nominations beginning Christopher James E. Archer and ending Col. Gregory A. appeared in the Congressional Record on W. * Abbott and ending X3181, which nomina- Schumacher, which nominations were re- September 21, 2004. tions were by the Senate and appeared in the ceived by the Senate and appeared in the Air Force nomination of George J. Krakie. Congressional Record on September 13, 2004. Congressional Record on September 7, 2004. Air Force nominations beginning David A. Army nomination of John R. Peloquin. Army nomination of Colonel Karl R. Horst. Lujan and ending Michael C. Schramm, Marine Corps nomination of John T. Army nomination of Col. Dana D. Batey. which nominations were received by the Sen- Brower. Army nomination of Col. Michael B. Cates. ate and appeared in the Congressional Marine Corps nomination of John M. Marine Corps nomination of Maj. Gen. Record on September 21, 2004. Sessoms. James N. Mattis. Air Force nominations beginning Douglas Marine Corps nomination of Randy O. Marine Corps nomination of Lt. Gen. Ed- A. Haberman and ending Matthew S. Warner, Carter. ward Hanlon, Jr. which nominations were received by the Sen- Navy nomination beginning Andrew M Navy nomination of Vice Adm. Kirkland H. ate and appeared in the Congressional Archila and ending Richard G Zeber, which Donald. Record on September 21, 2004. nominations were received by the Senate and Navy nomination of Rear Adm. Charles L. Air Force nomination of Martin J. Towey. appeared in the Congressional Record on Munns. Army nominations beginning Juan H. September 8, 2004. Navy nomination of Rear Adm. James K. Banks and ending Lisa N. Yarbrough, which Navy nominations beginning Ray A Bailey Moran. nominations were received by the Senate and and ending David A Stroud, which nomina- Navy nomination of Rear Adm. Joseph A. appeared in the Congressional Record on tions were received by the Senate and ap- Sestak, Jr. September 8, 2004. peared in the Congressional Record on Sep- Navy nomination of Rear Adm. Mark P. Army nominations beginning Michael J. tember 8, 2004. Fitzgerald. Blachura and ending Ronald P. Welch, which Navy nominations beginning Raymond Al- Navy nomination of Vice Adm. Gary nominations were received by the Senate and exander and ending Mark A Ziegler, which Roughead. appeared in the Congressional Record on nominations were received by the Senate and Navy nomination of Rear Adm. Lewis W. September 10, 2004. appeared in the Congressional Record on Crenshaw, Jr. Army nominations beginning Scott A. September 8, 2004. Navy nomination of Capt. Bruce E. Mac- Ayres and ending Gerald I. Walter, which Navy nominations beginning Steven W Donald. nominations were received by the Senate and Ashton and ending Jason D Zeda, which Navy nomination of Rear Adm. James E. appeared in the Congressional Record on nominations were received by the Senate and McPherson. September 10, 2004. appeared in the Congressional Record on Navy nomination of Capt. Norton C. Joerg. Army nominations beginning Mark A. Cos- September 8, 2004. Navy nomination beginning Captain Ger- grove and ending Ronnie J. Westman, which Navy nominations beginning Tammera L ald R. Beaman and ending Captain Richard nominations were received by the Senate and Ackiss and ending Kathleen L Yuhas, which B. Wren, which nominations were received appeared in the Congressional Record on nominations were received by the Senate and by the Senate and appeared in the Congres- September 10, 2004. appeared in the Congressional Record on sional Record on March 23, 2004. Army nominations beginning Steven H. September 8, 2004. Navy nominations beginning Ik J Ahn and Navy nomination of Capt. Christine S. Bullock and ending John M. Stang, which ending Sara B Zimmer, which nominations Hunter. nominations were received by the Senate and were received by the Senate and appeared in appeared in the Congressional Record on Mr. WARNER. Mr. President, for the the Congressional Record on September 8, September 10, 2004. Committee on Armed Services I report 2004. Army nominations beginning Michael N. Navy nominations beginning Kerry L favorably the following nomination Albertson and ending William S. Woessner, lists which were printed in the Abramson and ending Andru E Wall, which which nominations were received by the Sen- nominations were received by the Senate and RECORDS on the dates indicated, and ate and appeared in the Congressional appeared in the Congressional Record on ask unanimous consent, to save the ex- Record on September 10, 2004. September 8, 2004. pense of reprinting on the Executive Army nominations beginning John W. Navy nomination of Arthur B. Short. Calendar that these nominations lie at Amberg II and ending Richaed G. Zoller, Navy nomination of Scott Drayton. the Secretary’s desk for the informa- which nominations were received by the Sen- Navy nomination Cipriano Pineda, Jr. tion of Senators. ate and appeared in the Congressional Navy nominations beginning Michael P Record on September 10, 2004. Amstutz, Jr. and ending James J Wojtowicz, The PRESIDING OFFICER. Without Army nominations beginning Gilbert which nominations were received by the Sen- objection, it is so ordered. Adams and ending Scott W. Zurschmit, ate and appeared in the Congressional Air Force nomination of Marjorie B. Me- which nominations were received by the Sen- Record on September 10, 2004. dina. ate and appeared in the Congressional Navy nominations beginning Jerry L Alex- Air Force nomination of Henry Lee Einsel, Record on September 10, 2004. ander and ending Lori C Works, which nomi- Jr. Army nominations beginning Celethia M. nations were received by the Senate and ap- Air Force nomination of Robert L. Mun- Abner and ending Cherub I. *Williamson, peared in the Congressional Record on Sep- son. which nominations were received by the Sen- tember 10, 2004. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10061 Navy nominations beginning Patrick L ject to the nominee’s commitment to empt issues, and to provide additional loan Bennett and ending Ernest C Woodward, Jr., respond to requests to appear and tes- forgiveness for teachers who teach mathe- which nominations were received by the Sen- tify before any duly constituted com- matics, science, or special education; to the ate and appeared in the Congressional mittee of the Senate. Committee on Health, Education, Labor, and Record on September 10, 2004. Pensions. Navy nominations beginning Claude W Ar- (Nominations with an asterisk were By Mr. CAMPBELL: nold, Jr. and ending Steven M Wendlin, reported with the recommendation S. 2878. A bill to amend the Hoopa-Yurok which nominations were received by the Sen- that they be confirmed.) Settlement Act to provide for the acquisi- ate and appeared in the Congressional f tion of land for the Yurok Reservation and Record on September 10, 2004. an increase in economic development bene- Navy nominations beginning Christopher L INTRODUCTION OF BILLS AND ficial to the Hoopa Valley Tribe and the Bowen and ending William L Wood, which JOINT RESOLUTIONS Yurok Tribe, and for other purposes; to the nominations were received by the Senate and The following bills and joint resolu- Committee on Indian Affairs. appeared in the Congressional Record on tions were introduced, read the first By Mr. CAMPBELL: September 10, 2004. and second times by unanimous con- S. 2879. A bill to restore recognition to the Navy nominations beginning Julie M Winnemem Wintu Indian Tribe of California; Alfieri and ending Donna I Yacovoni, which sent, and referred as indicated: to the Committee on Indian Affairs. nominations were received by the Senate and By Mr. HAGEL: appeared in the Congressional Record on S. 2867. A bill to amend title 10, United f September 10, 2004. States Code, to increase the amount of the SUBMISSION OF CONCURRENT AND military death gratuity from $12,000 to Navy nominations beginning Marianie O SENATE RESOLUTIONS Balolong and ending Karen M Wingeart, $50,000; to the Committee on Armed Services. which nominations were received by the Sen- By Mr. SARBANES (for himself, Mr. The following concurrent resolutions ate and appeared in the Congressional CORZINE, Mrs. CLINTON, Mr. AKAKA, and Senate resolutions were read, and Record on September 10, 2004. Mr. BINGAMAN, Mr. SCHUMER, Mr. referred (or acted upon), as indicated: DODD, Mrs. BOXER, and Ms. MIKUL- Navy nominations beginning Thomas G By Mr. LAUTENBERG: Alford and ending Kendal T Zamzow, which SKI): S. 2868. A bill to amend the Electronic S. Con. Res. 139. A concurrent resolution nominations were received by the Senate and directing the Architect of the Capitol to es- appeared in the Congressional Record on Fund Transfer Act to extend certain consumer protections to international remit- tablish a temporary exhibit in the rotunda of September 10, 2004. the Capitol to honor the memory of members Navy nominations beginning Ryan D tance transfers of funds originating in the of the United States Armed Forces who have Aaron and ending David G Zook, which United States, and for other purposes; to the lost their lives in Operation Iraqi Freedom nominations were received by the Senate and Committee on Banking, Housing, and Urban and Operation Enduring Freedom; to the appeared in the Congressional Record on Affairs. Committee on Rules and Administration. September 10, 2004. By Mr. TALENT: Navy nominations beginning Glenn A Jett S. 2869. A bill to respond to the illegal pro- f and ending Matthew Williams, which nomi- duction, distribution, and use of nations were received by the Senate and ap- methamphetamines in the United States, ADDITIONAL COSPONSORS and for other purposes; to the Committee on peared in the Congressional Record on Sep- S. 540 tember 13, 2004. the Judiciary. At the request of Mr. INHOFE, the Navy nominations beginning Richard S By Ms. SNOWE: Adcook and ending Jeffrey G Zeller, which S. 2870. A bill to authorize the Secretary of names of the Senator from North Da- nominations were received by the Senate and Transportation to issue certificates of docu- kota (Mr. CONRAD), the Senator from appeared in the Congressional Record on mentation with appropriate endorsements Nevada (Mr. ENSIGN), and the Senator September 13, 2004. for employment in the coastwise trade for from Louisiana (Ms. LANDRIEU) were Navy nomination of Daniel C Ritenburg. the vessels LOBSTAR and SARA BELLE; to added as cosponsors of S. 540, a bill to Navy nomination of Dwayne Banks. the Committee on Commerce, Science, and authorize the presentation of gold med- Navy nominations beginning Bill R Davis Transportation. By Mr. GRAHAM of South Carolina als on behalf of Congress to Native and ending William H. Speaks, which nomi- Americans who served as Code Talkers nations were received by the Senate and ap- (for himself and Mr. CORNYN): peared in the Congressional Record on Sep- S. 2871. A bill to provide for enhanced during foreign conflicts in which the tember 21, 2004. criminal penalties for crimes related to slav- United States was involved during the By Mr. HATCH for the Committee on the ery and alien smuggling; to the Committee 20th Century in recognition of the serv- Judiciary. on the Judiciary. ice of those Native Americans to the Raymond L. Finch, of the Virgin Islands, By Mr. BUNNING (for himself and Mr. United States. to be Judge for the District Court of the Vir- NELSON of Nebraska): S. 641 gin Islands for a term of ten years. S. 2872. A bill to amend the Internal Rev- Micaela Alvarez, of Texas to be United enue Code of 1986 to provide a credit to cer- At the request of Mrs. LINCOLN, the States District Judge for Southern District tain agriculture-related businesses for the name of the Senator from Maine (Ms. of Texas. cost of protecting certain chemicals; to the SNOWE) was added as a cosponsor of S. Keith Starrett, of Mississippi, to be United Committee on Finance. 641, a bill to amend title 10, United States District Judge for the Southern Dis- By Mr. GRASSLEY: States Code, to support the Federal Ex- trict of Mississippi. S. 2873. A bill to extend the authority of the United States District Court for the cess Personal Property program of the Lisa Godbey Wood, of Georgia, to be Forest Service by making it a priority United States District Attorney for the Southern District of Iowa to hold court in Southern District of Georgia for the term of Rock Island, Illinois; to the Committee on of the Department of Defense to trans- four years. the Judiciary. fer to the Forest Service excess per- David E. Nahmias, of Georgia, to be United By Mr. BIDEN: sonal property of the Department of States Attorney for the Northern District of S. 2874. A bill to authorize appropriations Defense that is suitable to be loaned to Georgia for the term of four years. for international broadcasting operations rural fire departments. and capital improvements, and for other pur- Richard B. Roper III, of Texas, to be United S. 847 States Attorney for the Northern District of poses; to the Committee on Foreign Rela- Texas for the term of four years. tions. At the request of Mr. SMITH, the Ricardo H. Hinojosa, of Texas, to be Chair By Mr. BOND: name of the Senator from North Caro- of the United States Sentencing Commis- S. 2875. A bill to extend trade benefits to lina (Mr. EDWARDS) was added as a co- sion. certain tents imported into the United sponsor of S. 847, a bill to amend title Michael O’Neill, of Maryland, to be a Mem- States; to the Committee on Finance. XIX of the Social Security Act to per- By Mrs. HUTCHISON (for herself, Mr. ber of the United States Sentencing Commis- mit States the option to provide med- sion for a term expiring October 31, 2009. BAYH, and Mr. KENNEDY): S. 2876. A bill to amend title XVIII of the icaid coverage for low income individ- Ruben Castillo, of Illinois, to be a Member Social Security Act to eliminate reductions uals infected with HIV. of the United States Sentencing Commission in payments to hospitals for the indirect for a term expiring October 31, 2009. S. 1379 costs of medical education; to the Com- William Sanchez, of Florida, to be Special At the request of Mr. JOHNSON, the mittee on Finance. Counsel of Immigration-Related Unfair Prac- name of the Senator from Maryland By Mr. GREGG (for himself, Mr. BOND, tices for a term of four years. and Mr. GRAHAM of South Carolina): (Ms. MIKULSKI) was added as a cospon- *Nomination was reported with rec- S. 2877. A bill to reduce the special allow- sor of S. 1379, a bill to require the Sec- ommendation that it be confirmed sub- ance for loans from the proceeds of tax ex- retary of the Treasury to mint coins in S10062 CONGRESSIONAL RECORD — SENATE September 30, 2004 commemoration of veterans who be- HATCH) was added as a cosponsor of S. sponsor of S. 2770, a bill to establish a came disabled for life while serving in 2435, a bill to permit Inspectors Gen- National Commission on American In- the Armed Forces of the United States. eral to authorize staff to provide as- dian Trust Holdings. S. 1635 sistance to the National Center for S. 2789 At the request of Mrs. FEINSTEIN, her Missing and Exploited Children, and for At the request of Mr. BROWNBACK, the name was added as a cosponsor of S. other purposes. name of the Senator from Ohio (Mr. 1635, a bill to amend the Immigration S. 2437 DEWINE) was added as a cosponsor of S. and Nationality Act to ensure the in- At the request of Mr. ENSIGN, the 2789, a bill to reauthorize the grant tegrity of the L–1 visa for name of the Senator from Montana program of the Department of Justice intracompany transferees. (Mr. BURNS) was added as a cosponsor for reentry of offenders into the com- At the request of Mr. GRAHAM of of S. 2437, a bill to amend the Help munity, to establish a task force on South Carolina, his name was added as America Vote Act of 2002 to require a Federal programs and activities relat- a cosponsor of S. 1635, supra. voter-verified permanent record or ing to the reentry of offenders into the S. 1831 hardcopy under title III of such Act, community, and for other purposes. At the request of Mr. SMITH, the and for other purposes. S. 2805 name of the Senator from Alaska (Ms. S. 2553 At the request of Ms. CANTWELL, the MURKOWSKI) was added as a cosponsor At the request of Mr. DODD, the name name of the Senator from Washington of S. 1831, a bill to amend the Internal of the Senator from Minnesota (Mr. (Mrs. MURRAY) was added as a cospon- Revenue Code of 1986 to expand income DAYTON) was added as a cosponsor of S. sor of S. 2805, a bill to extend the au- averaging to include the trade or busi- 2553, a bill to amend title XVIII of the thorization for the Secretary of the In- ness of fishing. Social Security Act to provide for cov- terior to release certain conditions S. 1888 erage of screening ultrasound for ab- contained in a patent concerning cer- At the request of Mr. SPECTER, the dominal aortic aneurysms under part B tain land conveyed by the United name of the Senator from North Da- of the medicare program. States to Eastern Washington Univer- kota (Mr. DORGAN) was added as a co- S. 2568 sity. sponsor of S. 1888, a bill to halt Saudi At the request of Mr. BIDEN, the S. 2834 support for institutions that fund, names of the Senator from Massachu- At the request of Ms. SNOWE, the train, incite, encourage, or in any setts (Mr. KERRY), the Senator from name of the Senator from Missouri other way aid and abet terrorism, and Kentucky (Mr. BUNNING), the Senator (Mr. BOND) was added as a cosponsor of to secure full Saudi cooperation in the from North Carolina (Mr. EDWARDS) S. 2834, a bill to enhance compliance investigation of terrorist incidents. and the Senator from Michigan (Mr. assistance for small business. S. 2094 LEVIN) were added as cosponsors of S. S. 2845 At the request of Mr. SPECTER, his 2568, a bill to require the Secretary of At the request of Mr. ROCKEFELLER, name was added as a cosponsor of S. the Treasury to mint coins in com- the name of the Senator from New 2094, a bill to protect United States memoration of the tercentenary of the York (Mrs. CLINTON) was added as a coworkers from competition of foreign birth of Benjamin Franklin, and for sponsor of S. 2845, a bill to reform the workforces for performance of Federal other purposes. intelligence community and the intel- and State services contracts. S. 2659 ligence and intelligence-related activi- S. 2155 At the request of Ms. COLLINS, the ties of the United States Government, At the request of Mr. SPECTER, his name of the Senator from Alaska (Ms. and for other purposes. name was added as a cosponsor of S. MURKOWSKI) was added as a cosponsor S. 2866 2155, a bill to amend the Internal Rev- of S. 2659, a bill to extend the tem- At the request of Mr. DASCHLE, his enue Code of 1986 to provide for a man- porary increase in payments under the name was added as a cosponsor of S. ufacturer’s jobs credit, and for other medicare program for home health 2866, a bill to amend the Farm Security purposes. services furnished in a rural area. and Rural Investment Act of 2002 to S. 2302 S. 2759 clarify the authority of the Secretary At the request of Mr. CONRAD, the At the request of Mr. ROCKEFELLER, of Agriculture and the Commodity name of the Senator from Washington the names of the Senator from Mon- Credit Corporation to enter into memo- (Ms. CANTWELL) was added as a cospon- tana (Mr. BAUCUS), the Senator from randums of understanding with a State sor of S. 2302, a bill to improve access Indiana (Mr. BAYH), the Senator from regarding the collection of approved to physicians in medically underserved Washington (Ms. CANTWELL), the Sen- State commodity assessments on be- areas. ator from Delaware (Mr. CARPER), the half of the State from the proceeds of S. 2336 Senator from New York (Mrs. CLIN- marketing assistance loans. At the request of Mr. REID, the name TON), the Senator from Mississippi (Mr. S.J. RES. 37 of the Senator from Illinois (Mr. DUR- COCHRAN), the Senator from Illinois At the request of Mr. BROWNBACK, the BIN) was added as a cosponsor of S. 2336, (Mr. DURBIN), the Senator from Cali- name of the Senator from Mississippi a bill to expand access to preventive fornia (Mrs. FEINSTEIN), the Senator (Mr. COCHRAN) was added as a cospon- health care services and education pro- from Florida (Mr. GRAHAM), the Sen- sor of S.J. Res. 37, a joint resolution to grams that help reduce unintended ator from Iowa (Mr. HARKIN), the Sen- acknowledge a long history of official pregnancy, reduce infection with sexu- ator from Arkansas (Mrs. LINCOLN), the depredations and ill-conceived policies ally transmitted disease, and reduce Senator from Washington (Mrs. MUR- by the United States Government re- the number of abortions. RAY), the Senator from Nebraska (Mr. garding Indian Tribes and offer an S. 2395 NELSON), the Senator from Arkansas apology to all Native Peoples on behalf At the request of Mr. CONRAD, the (Mr. PRYOR), the Senator from New of the United States. names of the Senator from South Da- York (Mr. SCHUMER), the Senator from S. CON. RES. 8 kota (Mr. JOHNSON), the Senator from Michigan (Ms. STABENOW) and the Sen- At the request of Ms. COLLINS, the Vermont (Mr. JEFFORDS) and the Sen- ator from Ohio (Mr. VOINOVICH) were names of the Senator from South Da- ator from Michigan (Mr. LEVIN) were added as cosponsors of S. 2759, a bill to kota (Mr. DASCHLE) and the Senator added as cosponsors of S. 2395, a bill to amend title XXI of the Social Security from New Jersey (Mr. LAUTENBERG) require the Secretary of the Treasury Act to modify the rules relating to the were added as cosponsors of S. Con. to mint coins in commemoration of the availability and method of redistribu- Res. 8, a concurrent resolution desig- centenary of the bestowal of the Nobel tion of unexpended SCHIP allotments, nating the second week in may each Peace Prize on President Theodore and for other purposes. year as ‘‘National Visiting Nurse Asso- Roosevelt, and for other purposes. S. 2770 ciation Week’’. S. 2435 At the request of Mr. DASCHLE, the S. CON. RES. 136 At the request of Mr. LEAHY, the name of the Senator from South Da- At the request of Mr. CONRAD, the name of the Senator from Utah (Mr. kota (Mr. JOHNSON) was added as a co- names of the Senator from Hawaii (Mr. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10063 INOUYE) and the Senator from Georgia AKAKA) was added as a cosponsor of S. 2867 (Mr. CHAMBLISS) were added as cospon- amendment No. 3765 intended to be pro- Be it enacted by the Senate and House of Rep- sors of S. Con. Res. 136, a concurrent posed to S. 2845, a bill to reform the in- resentatives of the United States of America in resolution honoring and memorializing telligence community and the intel- Congress assembled, the passengers and crew of United Air- ligence and intelligence-related activi- SECTION 1. INCREASE IN DEATH GRATUITY PAY- lines Flight 93. ties of the United States Government, ABLE WITH RESPECT TO MEMBERS OF THE ARMED FORCES. S RES 430 . . and for other purposes. (a) AMOUNT OF DEATH GRATUITY.—Section At the request of Mr. HATCH, the AMENDMENT NO. 3781 1478(a) of title 10, United States Code, is names of the Senator from Nebraska At the request of Mr. WARNER, the amended by striking ‘‘$12,000’’ and inserting (Mr. HAGEL) and the Senator from Illi- names of the Senator from Hawaii (Mr. ‘‘$50,000’’. nois (Mr. DURBIN) were added as co- INOUYE), the Senator from Missouri (b) EFFECTIVE DATE.—The amendment sponsors of S. Res. 430, a resolution (Mr. TALENT), the Senator from Colo- made by subsection (a) shall apply with respect to deaths occurring on or after Sep- designating November 2004 as ‘‘Na- rado (Mr. ALLARD), the Senator from tember 11, 2001. tional Runaway Prevention Month’’. North Carolina (Mrs. DOLE), the Sen- (c) OFFSET.—The Secretary of Defense AMENDMENT NO. 3711 ator from Georgia (Mr. CHAMBLISS), the shall derive funds for amounts payable dur- At the request of Mrs. HUTCHISON, the Senator from Texas (Mr. CORNYN), the ing fiscal year 2005 by reason of the amend- name of the Senator from California Senator from Nevada (Mr. ENSIGN) and ment made by subsection (a) from amounts (Mrs. FEINSTEIN) was added as a co- the Senator from Oklahoma (Mr. available for that fiscal year for travel for sponsor of amendment No. 3711 pro- INHOFE) were added as cosponsors of personnel assigned to, or employed in, the posed to S. 2845, a bill to reform the in- amendment No. 3781 proposed to S. Office of the Secretary of Defense. Amounts telligence community and the intel- 2845, a bill to reform the intelligence for such purpose shall be transferred to the ligence and intelligence-related activi- community and the intelligence and appropriate accounts of the Department of ties of the United States Government, Defense available for such payments, and intelligence-related activities of the amounts so transferred shall not be counted and for other purposes. United States Government, and for for purposes of any limitation on the amount AMENDMENT NO. 3714 other purposes. of transfers of Department of Defense funds At the request of Mrs. FEINSTEIN, the f during that fiscal year. name of the Senator from New Jersey STATEMENTS ON INTRODUCED (Mr. CORZINE) was added as a cosponsor By Mr. SARBANES (for himself, BILLS AND JOINT RESOLUTIONS of amendment No. 3714 intended to be Mr. CORZINE, Mrs. CLINTON, Mr. proposed to S. 2845, a bill to reform the By Mr. HAGEL: AKAKA, Mr. BINGAMAN, Mr. intelligence community and the intel- S. 2867. A bill to amend title 10, SCHUMER, Mr. DODD, Mrs. ligence and intelligence-related activi- United States Code, to increase the BOXER, and Ms. MIKULSKI): ties of the United States Government, amount of the military death gratuity S. 2868. A bill to amend the Elec- and for other purposes. from $12,000 to $50,000; to the Com- tronic Fund Transfer Act to extend AMENDMENT NO. 3715 mittee on Armed Services. certain consumer protections to inter- At the request of Mrs. FEINSTEIN, the Mr. HAGEL. Mr. President, I rise national remittance transfers of funds name of the Senator from Alaska (Mr. today to introduce the ‘‘Military Death originating in the United States, and STEVENS) was added as a cosponsor of Gratuity Improvement Act of 2004.’’ for other purposes; to the Committee amendment No. 3715 intended to be pro- This legislation would raise the mili- on Banking, Housing, and Urban Af- posed to S. 2845, a bill to reform the in- tary death gratuity paid to the fami- fairs. telligence community and the intel- lies of military personnel killed while Mr. SARBANES. Mr. President, I rise ligence and intelligence-related activi- on active duty from $12,000 to $50,000. today to introduce the International ties of the United States Government, This increase would also be applied Remittance Consumer Protection Act and for other purposes. retroactively to all service members on of 2004. This legislation extends basic active duty who have died since Sep- AMENDMENT NO. 3716 consumer protection rights to those tember 11, 2001. At the request of Mrs. FEINSTEIN, the who send remittances, and it creates The military death gratuity is money name of the Senator from New Jersey new avenues and incentives for feder- provided within 72 hours to families of (Mr. CORZINE) was added as a cosponsor ally insured financial institutions to service members who are killed while of amendment No. 3716 intended to be provide remittance and basic banking on active duty. These funds assist next- proposed to S. 2845, a bill to reform the services to those who currently do not of-kin with their immediate financial intelligence community and the intel- use such institutions to send remit- needs. tances. ligence and intelligence-related activi- As we face the challenges of the 21st The practice of sending remittances ties of the United States Government, Century, servicemen and women sacri- is not new. Immigrants to the United and for other purposes. ficing for their country in a time of States traditionally have used remit- AMENDMENT NO. 3719 war should be assured that their fami- tances to provide financial assistance At the request of Mrs. FEINSTEIN, the lies will be taken care of. The loss of a name of the Senator from New Jersey loved one is a tremendous emotional to family members who remained in (Mr. CORZINE) was added as a cosponsor hardship for families. Congress must do their country of origin, but the prac- of amendment No. 3719 intended to be what it can to ensure that it does not tice has been largely overlooked; it has proposed to S. 2845, a bill to reform the cause devastating financial hardship as not been systematically studied and its intelligence community and the intel- well. implications have not been fully under- ligence and intelligence-related activi- This bill will help alleviate some of stood. The 2000 census shows that 30 ties of the United States Government, the financial hardships faced by the million people in this country are for- and for other purposes. families of our brave servicemen and eign-born—the largest number in our AMENDMENT NO. 3756 women who give their lives in service Nation’s history and the vast majority At the request of Mr. GRAHAM of to our country. It will send a message of them—22 million—are citizens or Florida, the names of the Senator from to our brave young men and women legal residents. More than 40 percent of Illinois (Mr. DURBIN) and the Senator and their families that their Nation ap- our Nation’s foreign-born population from Hawaii (Mr. AKAKA) were added as preciates their service and sacrifice. I immigrated to the United States in the cosponsors of amendment No. 3756 in- urge my colleagues in the Senate to 1990s, and some 15.4 million, or more tended to be proposed to S. 2845, a bill join me in cosponsoring this legisla- than half the immigrant community, to reform the intelligence community tion. have come from Latin American coun- and the intelligence and intelligence- I ask unanimous consent that the tries. Immigrants make a vital con- related activities of the United States text of the bill be printed in the tribution to the economic and social Government, and for other purposes. RECORD. life of our Nation. AMENDMENT NO. 3765 There being no objection, the bill was In a recent study, Sending Money At the request of Mr. ALLARD, the ordered to be printed in the RECORD, as Home: Remittances to Latin America name of the Senator from Hawaii (Mr. follows: from the US, 2004, the Inter-American S10064 CONGRESSIONAL RECORD — SENATE September 30, 2004 Development Bank (IADB) found that testified before the Banking Com- of the total cost, the legislation re- nationwide over 60 percent of Latin mittee: ‘‘an overwhelming majority of quires that the Treasury Department American immigrants send remit- Hispanic immigrants are unaware that post on its website, on a daily basis, tances. On average, each immigrant their families in Latin America receive the exchange rate for all currencies. At sends $240 at a time, 12 times per year. less money than what they send from present the Treasury receives this in- Although these individual transactions the United States.’’ Further, a remit- formation on a daily basis, but posts it are not large, they have constituted an tance sender cannot effectively shop only on a quarterly basis on the Treas- aggregate amount of over $30 billion between remittance transfer providers. ury website. By posting the informa- from America to our Latin American The lack of basic information limits tion daily, the Treasury could create a neighbors in this year alone. the amount of competition in this mar- uniform and credible source for ex- In my State of Maryland, we have ket. change rate information. 175,000 immigrants from Latin America The legislation I am introducing To calculate the cost to the con- and the vast majority send remittances today extends basic consumer rights to sumer of the exchange rate differen- back home. According to the IADB’s those who send remittances. Further, tial, remittance transfer providers will study 80 percent of Maryland’s immi- by requiring clear and understandable use the difference between the previous grants from Latin America send remit- disclosures to the remittance sender of business day’s exchange rate, as posted tances. The typical sender remits an the cost of the remittance, thus pre- on the Treasury website, and the ex- average of $245, 14 times per year—in senting to the consumer the full cost of change rate that the remittance trans- other words, remittances are a month- sending money, the legislation will en- fer provider offers. Using the exchange ly matter, with special gifts for Christ- hance competition, which in turn rate posted by the Treasury will ensure mas and Mother’s Day. should lead to an overall decrease in that the exchange rate cost is cal- The subject of remittances has been a the cost of sending remittances. As culated on a uniform basis. When the major interest of mine for some time. Sergio Bendixen testified to the Bank- exchange rate cost is disclosed to the As chairman of the Banking Com- ing Committee, ‘‘Full disclosure should consumer as part of the total cost of mittee, in February, 2002, during the unleash market forces that, hopefully, the remittance transfer, the consumer 107th Congress, I chaired what I under- will result in a significant reduction in will be better able to understand the stand was the first congressional hear- the cost of sending cash remittances.’’ full cost of the transaction and to shop ing devoted exclusively to the subject. This legislation amends the Elec- between different remittance transfer Dr. Manuel Orozco, a leading re- tronic Fund Transfer Act (EFTA), providers. searcher on remittances at the Inter- which is the primary vehicle for pro- In addition to fee disclosure require- American Dialogue, told the com- viding basic protections to most per- ments, this legislation establishes an mittee that remittances from the U.S. sons who engage in electronic trans- error resolution mechanism so that to Latin America had grown substan- actions, to cover remittances, and to consumers whose remittance trans- tially—at that point to an estimated provide the basic rights associated actions experience an error have a fair, $20 billion in 2001—and that between 15 with EFTA to remittance transactions. open, and expedient process through to 20 percent—$3–$4 billion—was being The two most important components of which they may resolve those errors lost in fees and other transaction costs. EFTA are the requirement of full dis- with the institution that conducted the Since Dr. Orozco testified, remittances closure of fees and the establishment of flawed transaction. This basic right is to Latin America have grown by $10 a process for the resolution of trans- already afforded to consumers who are billion, 50 percent, in just 3 years, and actional errors. These rights have been protected by EFTA, and now this right continued growth is expected. an integral part of the regulations that will be extended to cover consumers That an estimated 15 percent to 20 govern our banking infrastructure who send remittances as well. Further, percent of the money sent in remit- since EFTA’s enactment in 1978. The the legislation establishes an error res- tances is diverted to fees and other new legislation will build upon the suc- olution mechanism for remittance transaction costs, often hidden from cess of EFTA by extending these basic transfer errors that is responsive to the the remittance sender, is evidence of rights to remittance senders. different types of errors that can occur the abusive practices that exist in the The cornerstone of this legislation is in a remittance transaction and is re- remittance market. There are two pri- the requirement that remittance trans- flective of the unique characteristics of mary factors that account for this fer providers make three key disclo- the remittance market and its partici- abuse. First, studies have shown that sures to their consumers: (1) The total pants. people who send remittances tend to be cost of the remittance, represented in a Under this legislation, a consumer relatively low-wage earners, with mod- single dollar amount; (2) the total has 1 year from the date that the re- est formal education and relatively lit- amount of currency that will be sent to mittance transfer company promised tle experience in dealing with this the designated recipient, and (3) the to deliver the money to notify the com- country’s complex system of financial promised date of delivery for the re- pany that an error has occurred. The institutions. As a result they are sus- mittance. These disclosures follow the company is then required to resolve ceptible to unscrupulous actors who core recommendations of the Inter- the error within 90 days. To resolve the can take advantage of them by charg- American Development Bank, which in error, the company must either (1) re- ing all sorts of exorbitant fees, which its publication, Remittances to Latin fund the full amount of the remittance are often hidden or misrepresented. America and the Caribbean: Goals and that was not properly transferred, (2) The exchange rate conversion is often Recommendations, states: ‘‘Remit- resend that amount at no additional the mechanism for this abusive prac- tance institutions should disclose in a cost to the consumer or the designated tice. fully transparent manner, complete in- recipient, or (3) demonstrate to the Second, remittances are currently formation on total costs and transfer consumer that there was no error. The not subject to the requirements set by conditions, including all commissions Federal Reserve Board is also granted Federal consumer protection law, in- and fees, foreign exchange rates ap- the authority to establish additional cluding the disclosure of fees. There is plied and execution time.’’ remedies for specific situations that no requirement that a remittance The total cost disclosure will include cannot be addressed by the three spe- transfer provider disclose to the con- the cost of the exchange rate conver- cific remedies that are described in the sumer the exchange rate fee that will sion as well as all up-front fees. This legislation. be applied in the transaction. Without single item will both give consumers a It is urgent that we continue to en- knowing the exchange rate fee that the more accurate representation of the courage efforts to bring those who send company is charging, a consumer has cost of the remittance transaction and remittances into the financial main- little ability to gauge accurately the allow consumers to more effectively stream. In his testimony to the Bank- full cost of sending a remittance. As compare costs between remittance ing Committee, Dr. Orozco pointed out Sergio Bendixen, a leading researcher transfer providers. that, ‘‘About two-thirds of immigrants of public opinion and behavior, with a In order to calculate the cost of the cash their salary checks in check cash- specialty among Hispanic consumers, exchange rate conversion, which is part ing stores that charge exorbitant fees. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10065 Many of these same immigrants then currently linked to seven countries, of bring the unbanked—men and women use what remains of their income to which the vast majority are highly de- without an account at a bank or credit send remittances back home. In this veloped trading partners that receive union—into the financial mainstream. common scenario, immigrants are pe- relatively low levels of remittances. Taken together, these measures will nalized in both receiving and sending The ACHi was recently connected to increase transparency, competition and their earnings.’’ In order to further Mexico, however, which will allow fi- efficiency in the remittance market, bank those who are currently nancial institutions throughout the while helping to bring more Americans unbanked, the legislation that I am in- United States, especially those institu- into the financial mainstream. troducing today requires that the Fed- tions of smaller size, to provide remit- A broad range of community, civil eral banking agencies and the National tance services more easily and cheaply rights, and consumer groups have en- Credit Union Administration provide to Mexico. This legislation directs the dorsed this legislation including the guidelines to financial institutions re- Fed to take into account the impor- National Council of La Raza, the Mexi- garding the offering of low-cost remittance of remittance flows to other can American Legal Defense and Edu- tance transfers and no-cost or low-cost countries as it continues to expand the cational Fund, the League of United basic consumer amounts. This legisla- ACHi system. Linking the ACHi to Latin American Citizens, the Leader- tion also amends the Federal Credit countries that receive significant re- ship Conference on Civil Rights, United Union Act to allow credit unions to mittances has the potential to result in Farm Workers of America, the Farm- offer remittances and to cash checks great benefits to consumers who send worker Justice Fund, the NAACP, Casa for persons who are in their field of remittances from America as well as to de Maryland, the National Federation membership but are not credit union those who receive the remittances of Filipino American Associations, the members. The guidelines set out in the around the world. Asian Pacific American Labor Alli- ance, National Asian Pacific American legislation will help educate the finan- Finally, I am acutely aware of the Legal Consortium, Consumers Union, cial services industry about the impor- need for better and more broadly avail- Consumer Federation of America, the tance and potential profitability of able financial literacy and education National Consumer Law Center, the providing these services. for all Americans. I am pleased to re- National Community Reinvestment Co- The sending of remittances in a fair port that in the last Congress, as part alition, the Center for Responsible and scrupulous manner is likely to be of the reauthorization of the Fair Cred- Lending, U.S. PIRG, ACORN, Wood- profitable for the institution that pro- it Reporting Act, we established a stock Institute, and the National Asso- vides the remittance service, and in- Presidential Financial Literacy and Education Commission, which is ciation of Consumer Advocates. deed we have begun to see aggressive I ask unanimous consent that the moves into the remittance market by charged with developing a national strategy to promote financial literacy text of the Intemational Remittance many of the largest banking institu- Consumer Protection Act be printed in tions. Individuals who send remit- and education. The Act addresses the issue of remittances by including in the RECORD, together with letters in tances but are currently unbanked rep- support of the bill from the National the commission’s work a focus on in- resent an expanded and profitable cus- Council of La Raza, the Mexican Amer- creasing the ‘‘awareness of the par- tomer base for financial institutions. ican Legal Defense and Educational ticular financial needs and financial By its very nature, remittances is an Fund, the Leadership Conference on transactions, such as the sending of re- issue that involves both the United Civil Rights, Casa de Maryland, and a States and other nations. As Professor mittances of consumers who are tar- letter from Consumers Union, Con- Susan Martin of Georgetown Univer- geted in multilingual financial literacy sumer Federation of America, National sity, who also testified at our hearing, and education programs and improve Consumer Law Center, and U.S. PIRG. told the Banking Committee: ‘‘Until the development and distribution of There being no objection, the mate- relatively recently, researchers and multilingual financial literacy and rial was ordered to be printed in the policy makers tended to dismiss the education materials.’’ The legislation RECORD, as follows: importance of remittances or empha- that I am introducing today builds on S. 2868 size only their negative aspects . . . that framework by instructing the Be it enacted by the Senate and House of Rep- but recent work on remittances show a bank and credit union regulators to resentatives of the United States of America in far more complex and promising pic- work with the commission to specifi- Congress assembled, ture. . . Experts now recognize that re- cally increase the financial education SECTION 1. SHORT TITLE. mittances have far greater positive im- efforts that target those persons who This Act may be cited as the ‘‘Inter- pact on communities in developing send remittances. national Remittance Consumer Protection countries than previously acknowl- Millions of Americans send remit- Act of 2004’’. tances to family members around the SEC. 2. TREATMENT OF REMITTANCE TRANS- edged.’’ In fact, the size of the remit- FERS. tance market is such that for six Cen- world, for a total far exceeding the $30 (a) IN GENERAL.—The Electronic Fund tral American and Caribbean nations— billion that goes to Latin America Transfer Act (15 U.S.C. 1693 et seq.) is amend- Nicaragua, Haiti, El Salvador, Hon- alone. Yet almost all of these trans- ed— duras, Guyana and Jamaica—remit- actions take place without the basic (1) in section 902(b), by inserting ‘‘and re- tances constitute more than 10 percent consumer rights and protections that mittance’’ after ‘‘electronic fund’’; of GDP; Haiti and Jamaica receive apply to other electronic transfers. (2) by redesignating sections 918, 919, 920, and 921 as sections 919, 920, 921, and 922, re- more in remittances than in revenues Consumers who send remittances are spectively; and from trade. The World Bank estimates often immigrants and workers who (3) by inserting after section 917 the fol- that Mexico receives more in remit- earn modest wages, who are not aware lowing: tances than it does in foreign direct in- of the full costs of each remittance, as ‘‘SEC. 918. REMITTANCE TRANSFERS. vestment. Reducing the costs of remit- a practical matter have no way of find- ‘‘(a) DISCLOSURES REQUIRED FOR REMIT- tances is in the interest of both the ing out and, as a consequence, in the TANCE TRANSFERS.— United States and the countries that aggregate pay billions of dollars in ‘‘(1) IN GENERAL.—Each remittance transfer costs and hidden fees. They do not have provider shall make disclosures to con- receive them. sumers, as specified by this section and aug- Given the growing importance of an- available to them an established proce- mented by regulation of the Board. nual remittance flows, we must work dure for resolving transactional errors. ‘‘(2) SPECIFIC DISCLOSURES.—In addition to to increase their efficiency. One mech- This legislation rectifies this situation any other disclosures applicable under this anism for accomplishing this objective, by extending to remittances the basic title, a remittance transfer provider shall and for increasing the ability of finan- consumer rights established in EFTA. clearly and conspicuously disclose, in writ- cial institutions to offer remittances is The bill also contains provisions that, ing and in a form that the consumer may linking our banking infrastructure when implemented, will allow more in- keep, to each consumer requesting a remittance transfer— with the banking infrastructures of sured financial institutions to provide ‘‘(A) at the time at which the consumer other nations. The Federal Reserve op- remittance services—and potentially makes the request, and prior to the con- erates an international automated at lower costs to consumers. The bill sumer making any payment in connection clearing house system (ACHi) that is contains important provisions to help with the transfer— S10066 CONGRESSIONAL RECORD — SENATE September 30, 2004 ‘‘(i) the total amount of currency that will ‘‘(iv) demonstrate to the consumer that an account holder of that person or financial be required to be tendered by the consumer there was no error. institution; in connection with the remittance transfer; ‘‘(2) RULES.—The Board shall establish, by ‘‘(4) the term ‘State’ means any of the sev- ‘‘(ii) the amount of currency that will be rule, clear and appropriate standards for re- eral States, the Commonwealth of Puerto sent to the designated recipient of the remit- mittance transfer providers with respect to Rico, the District of Columbia, and any ter- tance transfer, using the values of the cur- error resolution relating to remittance ritory or possession of the United States; rency into which the funds will be ex- transfers, to protect consumers from such er- and changed; rors. ‘‘(5) the term ‘total remittance transfer ‘‘(iii) the total remittance transfer cost, ‘‘(d) APPLICABILITY OF OTHER PROVISIONS cost’ means the total cost of a remittance identified as the ‘Total Cost’; and OF LAW.— transfer expressed in dollars, including all ‘‘(iv) an itemization of the charges in- ‘‘(1) APPLICABILITY OF TITLE 18 AND TITLE 31 fees charged by the remittance transfer pro- cluded in clause (iii), as determined nec- PROVISIONS.—A remittance transfer provider vider, including the exchange rate fee.’’. essary by the Board; and may only provide remittance transfers if (b) EFFECT ON STATE LAWS.—Section 919 of ‘‘(B) at the time at which the consumer such provider is in compliance with the re- the Electronic Fund Transfer Act (12 U.S.C. makes payment in connection with the requirements of section 5330 of title 31, United 1693q) is amended— mittance transfer, if any— States Code, and section 1960 of title 18, (1) in the first sentence, by inserting ‘‘or ‘‘(i) a receipt showing— United States Code, as applicable. remittance transfers (as defined in section ‘‘(I) the information described in subpara- ‘‘(2) APPLICABILITY OF THIS TITLE.—A re- 918)’’ after ‘‘transfers’’; and graph (A); mittance transfer that is not an electronic (2) in the fourth sentence, by inserting ‘‘, ‘‘(II) the promised date of delivery; fund transfer, as defined in section 903, shall or remittance transfer providers (as defined ‘‘(III) the name and telephone number or not be subject to any of sections 905 through in section 918), in the case of remittance address of the designated recipient; and 913. A remittance transfer that is an elec- transfers,’’ after ‘‘financial institutions’’. ‘‘(ii) a notice containing— tronic fund transfer, as defined in section SEC. 3. FEDERAL CREDIT UNION ACT AMEND- ‘‘(I) information about the rights of the 903, shall be subject to all provisions of this MENT. consumer under this section to resolve er- title that are otherwise applicable to elec- Paragraph (12) of section 107 of the Federal rors; and tronic fund transfers under this title. Credit Union Act (12 U.S.C. 1757(12)) is ‘‘(II) appropriate contact information for ‘‘(3) RULE OF CONSTRUCTION.—Nothing in amended to read as follows: the remittance transfer provider and its this section shall be construed— ‘‘(12) in accordance with regulations pre- State licensing authority and Federal or ‘‘(A) to affect the application to any trans- scribed by the Board— State regulator, as applicable. action, to any remittance provider, or to any ‘‘(A) to provide remittance transfers, as de- ‘‘(3) EXEMPTION AUTHORITY.—The Board other person of any of the provisions of sub- fined in section 918(h) of the Electronic Fund may, by rule, and subject to subsection chapter II of chapter 53 of title 31, United Transfer Act, to persons in the field of mem- (d)(3), permit a remittance transfer pro- States Code, section 21 of the Federal De- bership; and vider— posit Insurance Act (12 U.S.C. 1829b), or ‘‘(B) to cash checks and money orders for ‘‘(A) to satisfy the requirements of para- chapter 2 of title I of Public Law 91–508 (12 persons in the field of membership for a graph (2)(A) orally if the transaction is con- U.S.C. 1951–1959), or any regulations promul- fee;’’. ducted entirely by telephone; gated thereunder; or SEC. 4. AUTOMATED CLEARINGHOUSE SYSTEM. ‘‘(B) to satisfy the requirements of para- ‘‘(B) to cause any fund transfer that would (a) EXPANSION OF SYSTEM.—The Board of graph (2)(B) by mailing the documents re- not otherwise be treated as such under para- Governors of the Federal Reserve System quired under such paragraph to the con- graph (2) to be treated as an electronic fund shall work with the Federal reserve banks to sumer not later than 1 business day after the transfer, or as otherwise subject to this title, expand the use of the automated clearing- date on which the transaction is conducted, for the purposes of any of the provisions re- house system for remittance transfers to for- if the transaction is conducted entirely by ferred to in subparagraph (A) or any regula- eign countries, with a focus on countries telephone; and tions promulgated thereunder. that receive significant remittance transfers from the United States, based on— ‘‘(C) to satisfy the requirements of sub- ‘‘(e) PUBLICATION OF EXCHANGE RATES.— paragraphs (A) and (B) of paragraph (2) with The Secretary of the Treasury shall make (1) the number, volume, and sizes of such 1 written disclosure, but only to the extent available to the public in electronic form, transfers; that the information provided in accordance not later than noon on each business day, (2) the significance of the volume of such with paragraph (2)(A) is accurate at the time the dollar exchange rate for all foreign cur- transfers, relative to the external financial at which payment is made in connection rencies, using any methodology that the Sec- flows of the receiving country; and with the subject remittance transfer. retary determines appropriate, which may (3) the feasibility of such an expansion. (b) REPORT TO CONGRESS.—Not later than ‘‘(b) FOREIGN LANGUAGE DISCLOSURES.—The include the methodology used pursuant to 180 days after the date of enactment of this disclosures required under this section shall section 613(b) of the Foreign Assistance Act Act, and on April 30 biannually thereafter, be made in English and in the same lan- of 1961 (22 U.S.C. 2363(b)). the Board of Governors of the Federal Re- guages principally used by the remittance ‘‘(f) AGENTS AND SUBSIDIARIES.—A remit- serve System shall submit a report to the transfer provider, or any of its agents, to ad- tance transfer provider shall be liable for Committee on Banking, Housing, and Urban vertise, solicit, or market, either orally or in any violation of this section by any agent or Affairs of the Senate and the Committee on writing, at that office, if other than English. subsidiary of that remittance transfer pro- Financial Services of the House of Rep- ‘‘(c) REMITTANCE TRANSFER ERRORS.— vider. resentatives on the status of the automated ‘‘(1) ERROR RESOLUTION.— ‘‘(g) DEFINITIONS.—As used in this section— clearinghouse system and its progress in ‘‘(A) IN GENERAL.—If a remittance transfer ‘‘(1) the term ‘exchange rate fee’ means the complying with the requirements of this sec- provider receives oral or written notice from difference between the total dollar amount tion. the consumer within 365 days of the prom- transferred, valued at the exchange rate of- SEC. 5. EXPANSION OF FINANCIAL INSTITUTION ised date of delivery that an error occurred fered by the remittance transfer provider, PROVISION OF REMITTANCE TRANS- with respect to a remittance transfer, in- and the total dollar amount transferred, val- FERS. cluding that the full amount of the funds to ued at the exchange rate posted by the Sec- (a) PROVISION OF GUIDELINES TO INSTITU- be remitted was not made available to the retary of the Treasury in accordance with TIONS.—Each of the Federal banking agen- designated recipient in the foreign country, subsection (e) on the business day prior to cies (as defined in section 3 of the Federal the remittance transfer provider shall re- the initiation of the subject remittance Deposit Insurance Act) and the National solve the error pursuant to this subsection. transfer; Credit Union Administration shall provide ‘‘(B) REMEDIES.—Not later than 90 days ‘‘(2) the term ‘remittance transfer’ means guidelines to financial institutions under the after the date of receipt of a notice from the the electronic (as defined in section 106(2) of jurisdiction of the agency regarding the of- consumer pursuant to subparagraph (A), the the Electronic Signatures in Global and Na- fering of low-cost remittance transfers and remittance transfer provider shall, as appli- tional Commerce Act (15 U.S.C. 7006(2))) no-cost or low-cost basic consumer accounts, cable to the error and as designated by the transfer of funds at the request of a con- as well as agency services to remittance consumer— sumer located in any State to a person in an- transfer providers. ‘‘(i) refund to the consumer the total other country that is initiated by a remit- (b) CONTENT OF GUIDELINES.—Guidelines amount of funds tendered by the consumer in tance transfer provider, whether or not the provided to financial institutions under this connection with the remittance transfer consumer is an account holder of the remit- section shall include— which was not properly transmitted; tance transfer provider or whether or not the (1) information as to the methods of pro- ‘‘(ii) make available to the designated re- remittance transfer is also an electronic viding remittance transfer services; cipient, without additional cost to the des- fund transfer, as defined in section 903; (2) the potential economic opportunities in ignated recipient or to the consumer, the ‘‘(3) the term ‘remittance transfer pro- providing low-cost remittance transfers; and amount appropriate to resolve the error; vider’ means any person or financial institu- (3) the potential value to financial institu- ‘‘(iii) provide such other remedy, as deter- tion that provides remittance transfers on tions of broadening their financial bases to mined appropriate by rule of the Board for behalf of consumers in the normal course of include persons that use remittance trans- the protection of consumers; or its business, whether or not the consumer is fers. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10067

(c) ASSISTANCE TO FINANCIAL LITERACY America. Many of these remitters are work- aid’’ to most Latin American countries. COMMISSION.—The Secretary of the Treasury ing poor, and nearly half (43 percent) do not Hard-working Latino immigrants are mak- and each agency referred to in subsection (a) have basic banking accounts to conduct sim- ing essential contributions to the U.S. econ- shall, as part of their duties as members of ple transactions. omy, and U.S. financial institutions have the Financial Literacy and Education Com- For these reasons, we appreciated the op- benefited greatly from Latino immigrants’ mission, assist that Commission in improv- portunity to meet with your staff and pro- money transfers or ‘‘remittances.’’ In keeping the financial literacy and education of vide input regarding several issues that af- ing with the tradition of American immi- consumers who send remittances. fect Latino remittance senders. Specifically, grants, more than 60 percent of Latin Amer- SEC. 6. STUDY AND REPORT ON REMITTANCES. we support provisions in your bill that re- ican born adults generously send money to quire disclosing upfront all fees and ex- (a) STUDY.—The Comptroller General of their extended families in Latin America on the United States shall conduct a study and change rates to consumers, most of whom a regular basis. The volume is staggering— are immigrant and/or English language analysis of the remittance transfer system, the International Monetary Fund reported learners (ELL), in languages and formats ac- including an analysis of its impact on con- that over $30 billion in remittances are ex- cessible to them; allow credit unions to offer sumers. pected to be sent from the United States to remittance and check cashing services to (b) AREAS OF CONSIDERATION.—The study Latin America in 2004. The Hispanic Associa- nonmembers in the field of membership, conducted under this section shall include, tion of Corporate Responsibility reported which will connect remitters to low-cost fi- to the extent that information is available— that Mexico is the second-largest recipient, nancial services facilitating their entry into (1) an estimate of the total amount, in dol- just behind India, and that nearly 12 percent the financial mainstream; and assist the lars, transmitted from individuals in the of remittances worldwide go to Mexico. This Federal Financial Literacy Commission in United States to other countries, including market is unregulated, leaving Latinos vul- informing remitters of new consumer rights per country data, historical data, and any nerable to excessive processing fees imposed relating to remittance transactions via wire by some remittance transfer agencies. As the available projections concerning future re- transfers. mittance levels; PEW Hispanic Center has reported, the fees Again, thank you for soliciting our feed- have been inappropriately high, reaching up (2) a comparison of the amount of remit- back on the International Remittance Con- tance funds, in total and per country, to the to 20 percent. Even worse, some Latinos have sumer Protection Act and for your continued had their hard-earned money never reach amount of foreign trade, bilateral assistance, support of Latino and immigrant commu- and multi-development bank programs in- their intended recipients, or portions of their nities. We look forward to working with you transfers have been skimmed by unscrupu- volving each of the subject countries; to ensure that immigrants have access to in- (3) an analysis of the methods used to lous agents. formation and make fully-informed choices For all these reasons, MALDEF thanks remit the funds, with estimates of the when wiring money to family members amounts remitted through each method and Senator Sarbanes for the introduction of the abroad. In the end, we hope such legislative International Remittance Consumer Protec- descriptive statistics for each method, such measures will provide remitters greater ac- as market share, median transaction size, tion Act, and urges the Congress to enact cess to mainstream banking tools and serv- this essential piece of legislation as soon as and cost per transaction, including ices to improve their long-term financial se- through— possible, in order to protect Latino consumer curity. We hope to work with you to achieve rights. (A) depository institutions; these goals. Please do not hesitate to con- (B) postal money orders and other money tact me if I can be of assistance to you. LEADERSHIP CONFERENCE ON orders; Sincerely, CIVIL RIGHTS, (C) automatic teller machines; RAUL YZAGUIRRE, Washington, DC, Sept. 30, 2004. (D) wire transfer services; and President/CEO. Hon. PAUL SARBANES, (E) personal delivery services; U.S. Senate, (4) an analysis of advantages and disadvan- [Sept. 30, 2004] Washington, DC. tages of each remitting method listed in sub- MALDEF APPLAUDS SARBANES BILL TO REGU- DEAR SENATOR SARBANES: On behalf of the paragraphs (A) through (E) of paragraph (3); LATE REMITTANCES AND PROTECT LATINOS’ Leadership Conference on Civil Rights (5) an analysis of the types and specificity CONSUMER RIGHTS (LCCR), the nation’s oldest, largest and most of disclosures made by various types of re- (By MALDEF President and General Counsel diverse civil and human rights coalition, we mittance transaction providers to consumers Ann Marie Tallman) write to express our strong support for the who send remittances; and MALDEF applauds Senator Paul Sarbanes’ ‘‘International Remittance Consumer Pro- (6) if reliable data are unavailable, rec- (D–MD) introduction of the International Re- tection Act of 2004.’’ LCCR greatly appre- ommendations concerning options for Con- mittance Consumer Protection Act of 2004. ciates your efforts to strengthen the rights gress to consider to improve the state of in- We believe this bill is the first step in the of consumers who send money overseas. formation on remittances from the United right direction to improve Latino immi- This important legislation will, for the States. grants’ access to banks, and to protect their first time, bring remittances under the (c) REPORT TO CONGRESS.—Not later than 1 rights as consumers. This bill is long over- framework of federal consumer protection year after the date of enactment of this Act, due. MALDEF urges Congress to pass it into law, and will encourage transparency and the Comptroller General shall submit a re- law and protect Latino consumer rights. competition in the remittance market. port to the Committee on Banking, Housing, Senator Sarbanes’ International Remit- There are three key components to the bill: and Urban Affairs of the Senate and the tance Consumer Protection Act would bring First, it establishes clear disclosure re- Committee on Financial Services of the remittance transfers under the umbrella of quirements for remittance transfer compa- House of Representatives on the results of protection of U.S. financial services laws. It nies, including the requirement that the cost the study conducted under this section. would make remittance transfers subject to of the exchange rate conversion be included the same set of laws to which any other in the total cost of the transfer. This cost is, NATIONAL COUNCIL OF LA RAZA, money transaction in the U.S. is subject. at present, a hidden fee through which con- Washington, DC, Sept. 30, 2004. Senator Sarbanes’ bill would provide for sumers are unwittingly charged excessive Hon. PAUL SARBANES, basic consumer protections for the millions and abusive additional costs. The bill also Ranking Member, U.S. Senate Committee on of Latinos and the billions of dollars they takes an innovate approach to calculating Banking, Housing, and Urban Affairs, send through remittances, by requiring full the exchange rate fee, so consumers will be Washington, DC. disclosure of all transfer fees, and a receipt able to shop among different remittance DEAR SENATOR SARBANES: On behalf of the with such full disclosure in the language companies with the full knowledge of each National Council of La Raza (NCLR), the used by the consumer. It would also provide company’s prices. largest national Hispanic constituency-based for error resolutions and reimbursements Second, it creates an open and fair error organization, I write to express our support when family members overseas do not re- resolution process for remittance transfer er- for your proposed legislation, the Inter- ceive the full amount of funds sent. The bill rors. Currently, consumers who send remit- national Remittance Consumer Protection would also: (1) permit credit unions to offer tances do not have any guaranteed recourse Act of 2004. remittance and check cashing services; (2) to recover money if a remittance transfer As you know very well, the cost of sending direct the Federal Reserve Board to provide company fails to deliver on its promises. The remittances to Latin America can be very guidelines to encourage U.S. financial insti- bill establishes an error resolution mecha- high—as much as 12 percent per transaction. tutions to offer low-cost remittance services nism for remittance transfer errors that is Lack of competition in the remittance busi- and tap into this market; (3) assist the Fed- responsive to the different types of errors ness, which is dominated by a small number eral Financial Literacy Commission in im- that can occur in a remittance transaction, of companies that charge higher fees than fi- proving ‘‘financial literacy’’ of consumers and is reflective of the unique characteris- nancial institutions, has kept prices high. In who send remittances; and (4) direct the Gen- tics of the remittance market and its par- addition to fees, consumers are often subject eral Accounting Office to study the remit- ticipants. to poor monetary exchange rates that are tance market and report to Congress with its Finally, it requires Federal bank and cred- not fully disclosed. These exorbitant fees and findings. it union regulators to encourage federally- hidden charges adversely affect many Latino immigrants’ remittances represent insured financial institutions to offer low- Latinos who send money regularly to Latin the most important source of ‘‘development cost remittance services and no-cost or low- S10068 CONGRESSIONAL RECORD — SENATE September 30, 2004 cost basic consumer bank accounts. It is es- tion Act of 2004. If I can be of any assistance, quire money transmitters to tell the sender timated that half of all remittance senders please feel free to contact me at 301–270–0419. when the money should arrive and would do not have a bank account, and only one in Sincerely, also create a mechanism for a refund if there ten consumers use banks to send remit- GUSTAVO TORRES, is a problem with the sending of the funds. tances. This requirement on the Federal reg- Executive Director. Finally, the bill would encourage more fed- ulators will further encourage competition erally insured financial institutions to offer in the market and will assist in the critical CONSUMERS UNION low cost remittance services. Since some effort to bank the unbanked. WEST COAST OFFICE, consumers who send remittances do not have We greatly appreciate your leadership on San Francisco, CA, September 30, 2004. bank accounts, this could be a way for feder- this issue, and we look forward to working Senator PAUL SARBANES, ally insured financial institutions to serve with you to enact the International Remit- U.S. Senate. new markets. According to an extensive tance Consumer Protection Act of 2004. If we DEAR SENATOR SARBANES: Consumers study by the Pew Hispanic Center, financial can be of any help, please feel free to contact Union, the nonprofit publisher of Consumer institutions current have only about 3% of Rob Randhava, LCCR Policy Analyst, at Reports, the Consumer Federation of Amer- the international remittance market. (202) 466–6058. ica, the National Consumer Law Center on For these reasons, we are pleased to ex- Sincerely, behalf of its low income clients, and U.S. press our very strong support for the Inter- WADE HENDERSON, PIRG are pleased to express our strong sup- national Remittance Consumer Protection port the International Remittance Consumer Executive Director. Act of 2004. Protection Act of 2004, as introduced today. NANCY ZIRKIN, Very truly yours, This bill will provide essential information Deputy Director. GAIL HILLEBRAND, and consumer protections to hardworking Consumers Union of U.S., Inc. people who send money to family members CASA OF MARYLAND, INC., JEAN ANN FOX, in other countries, very significantly im- Takoma Park, Md. Consumer Federation of America. proving the operation of the money trans- Hon. PAUL SARBANES, MARGOT SAUNDERS, mission marketplace for consumers. U.S. Senate, National Consumer Law Center. Washington, DC. Consumers in the U.S. send a significant dollar volume of international remittances ED MIERZWINSKY, DEAR SENATOR SARBANES: On behalf of U.S. PIRG. CASA of Maryland, Inc., the largest Latino using both financial institutions and non-fi- service and advocacy organization in Mary- nancial institutions. Money sent to family land, I write to offer strong support for the members outside the U.S. represents hard- By Mr. GRAHAM of South Caro- ‘‘International Remittance Consumer Pro- earned family income. As the Inter-Amer- lina (for himself and Mr. tection Act of 2004.’’ CASA greatly appre- ican Development Bank has said: ‘‘The dra- CORNYN): ciates your efforts to strengthen the rights matic growth of international remittances is S. 2871. A bill to provide for enhanced of consumers who send money overseas. testimony to the hard work and commit- criminal penalties for crimes related to CASA of Maryland, Inc. provides high qual- ment of migrant workers seeking better slavery and alien smuggling; to the lives for themselves and their families.’’ ity and affordable remittances services for Committee on the Judiciary. the Latino community in Maryland. We wit- Money transmission costs, disclosures, and ness every day the abuses that this legisla- consumer rights are not an issue that ex- Mr. GRAHAM of South Carolina. Mr. tion will prevent. tends beyond recent immigrants. Consumers President, as we all know, people from This historic legislation brings remit- who are U.S. citizens or longstanding resi- all over the world want to come to tances under the framework of federal con- dents also send money to family members America to pursue a better life for sumer protection law, and will encourage outside of the U.S. themselves and their families. U.S consumers sent $13.2 billion to Mexico transparency and competition in the remit- Unfortunately, however, some people tance market. There are three components in 2003, usually in amounts of about $500 per to the bill: transmission, according to a report by the entrust their lives to some very dan- First, it establishes clear disclosure re- Pew Hispanic Center. According to the Inter- gerous people in their effort to gain our quirements for remittance transfer compa- American Development Bank, U.S. con- shores. And, tragically, some people nies, including the requirement that the cost sumers send $38 billion a year to Latin are brought here against their will and of the exchange rate conversion be included America and the Caribbean, often in kept as human chattel, enslaved in in the total cost of the transfer. This cost is, amounts of $200 to $300 per transmission. horrible conditions, in the midst of our at present, a hidden fee through which con- U.S. workers also send money to India, the freedom. sumers are unwittingly charged excessive Philippines, and other countries. and abusive additional costs. The bill also Consumers who transmit funds inter- After hearing of the horrible deaths takes an innovate approach to calculating nationally need the protections that would of aliens smuggled into the country the exchange rate fee, so consumers will be be provided by the International Remittance and inhumanely abandoned along a able to shop among different remittance Consumer Protection Act of 2004. These pro- Texas highway last year, I wanted to companies with the full knowledge of each tections include plain disclosures before examine whether we are doing all we company’s prices. sending the money such as the amount of can to combat these horrible crimes. Second, it creates an open and fair error foreign currency that will actually be sent to resolution process for remittance transfer er- the recipient in another country and the In talking with various law enforce- rors. Currently, consumers who send remit- total cost of the money transmission. The ment officials and victims, I heard of tances do not have any guaranteed recourse bill will require that this information to be alien smugglers and traffickers who, to recover money if a remittance transfer given before the transaction starts, which is through unabashed acts of profiteering, company fails to deliver on its promises. The the time that pricing information is most endanger the lives of countless aliens bill establishes an error resolution mecha- useful to the consumer. Consumers who are while compromising the integrity of nism for remittance transfer errors that is informed about the true amount of funds our immigration laws at the same that will be sent, and about the full cost of responsive to the different types of errors time. Make no mistake, the incentives that can occur in a remittance transaction, the money transmission transaction, can and is reflective of the unique characteris- shop around much more effectively for the for human smugglers are enormous. tics of the remittance market and its par- best rates and fees. According to the Department of State, ticipants. The bill will also require that the con- human smuggling around the globe Finally, it requires Federal bank and cred- sumer be given a receipt with this important generates an estimated $9.5 billion a it union regulators to encourage federally- pricing information and with the date when year. insured financial institutions to offer low- the money is to be delivered. In addition, the The commodities involved in this il- bill will protect persons in the U.S. who send cost remittance services and no-cost or low- licit trade are men, women, and chil- cost basic consumer bank accounts. It is es- money out of the country if that money is timated that half of all remittance senders not received in the other country, or if the dren who, for the smuggler, represent do not have a bank account, and only one in wrong amount is received. These error reso- substantial profits. The State Depart- ten consumers use banks to send remit- lution provisions are designed specifically ment estimates that more than a mil- tances. This requirement on the Federal reg- for money transmission, but are based on the lion women and children are trafficked ulators will further encourage competition same principles as existing protections that around the world each year, generally in the market and will assist in the critical consumers enjoy when they make payments for the purpose of domestic servitude, effort to bank the unbanked. domestically using an electronic fund trans- sweatshop labor, or sexual exploi- On behalf of the immigrant community fer from a bank account. Money that is sent throughout Maryland, I congratulate you on to family members outside the country often tation. At any given time, the Depart- your leadership with this issue, and we look is essential to the economic survival of those ment estimates that thousands of peo- forward to working with you to enact the family members. It is important that the ple are in the smuggling pipeline, with International Remittance Consumer Protec- funds arrive as promised. This bill would re- the United States being the primary September 30, 2004 CONGRESSIONAL RECORD — SENATE S10069 target. Smugglers deliver some 50,000 tion in Oklahoma City in 1995, our con- There being no objection, the bill was aliens here each year. Alien smuggling cerns have only been compounded by ordered to be printed in the RECORD, as is a global problem which requires a the tragedies of September 11 and the follows: systematic and coordinated response. threat of terrorism. The Senate recog- S. 2873 We should do all we can within our nized this growing concern when we Be it enacted by the Senate and House of Rep- criminal laws to combat this terrible considered agricultural products in the resentatives of the United States of America in problem. Federal hazardous materials lists in Congress assembled, Given the risks associated with these the USA Patriot Act of 2001. SECTION 1. HOLDING OF COURT FOR THE crimes every time they are carried out, The American agricultural industry SOUTHERN DISTRICT OF IOWA. the punishment should be appropriate has already recognized some of the Section 11029 of the 21st Century Depart- ment of Justice Appropriations Authoriza- to deter future smuggling or traf- dangers on its own and has made sig- tion Act (28 U.S.C. 95 note; Public Law 107– ficking, and to sufficiently sanction nificant strides in improving security. 273; 116 Stat. 1836) is amended by striking those who are caught. Currently, Title Shops throughout the country have ‘‘July 1, 2005’’ and inserting ‘‘July 1, 2006’’. 8 smuggling provisions provide that a started to invest in security measures person found guilty of alien smuggling to keep their chemicals and fertilizers By Mr. BIDEN: where death results is subject to the from being used illegally. In 2003, the S. 2874. A bill to authorize appropria- full range of punishments, including Agricultural Retailers Association pub- tions for international broadcasting the death penalty. However, if death lished a web-based, security-vulner- operations and capital improvements, results from a Title 18 trafficking of- ability assessment tool and has cooper- and for other purposes; to the Com- fense, where the victims are arguably ated with the USDA to secure farmers mittee on Foreign Relations. more vulnerable, the defendant is not and ranchers. Mr. BIDEN. Mr. President, today I subjected to the death penalty. But vulnerability assessments often introduce legislation to significantly In my opinion, an important compo- require as much as $50,000 to $100,000 in expand our international broadcasting nent of criminal justice prosecutions is capital investment. Meeting these to the Muslim world. to serve as a deterrent to others who pressing security needs is not feasible The United States currently broad- may be disposed to commit a crime. We for many of the more than 9,000 retail casts news and information in over 60 should ensure that the punishments for facilities with fertilizer and chemicals languages to nations in every region of smuggling and trafficking crimes are stocks in the United States. the world. Through both radio and TV, such that the risks of apprehension, That is why it is important we enact we tell America’s story to the world— prosecution and punishment far out- this tax credit. The credit would equal with news and information program- weigh the payday at their delivery 50 percent of the cost of eligible secu- ming about not only U.S. Government point. And, we need to be diligent in rity upgrades at agricultural retail policy, but life and culture in the making certain that notice of these businesses and is capped at $50,000 dur- United States. We also bring the world penalties is conveyed to those who are ing any 5 year period. This money can to overseas audiences, providing them engaged in this enterprise, up and down be used for many different security local, regional and world news that the smuggling and trafficking organi- programs, such as employee back- they often may not receive, especially zational chain. Obviously, in my opin- ground checks, locking equipment and in closed societies. Such broadcasts ion, the best way to do that is the vig- even the latest chemical additives that have been an important foreign policy orous prosecution and harsh punish- can render fertilizer unfit for illegal tool for six decades, since Voice of ment of those we do catch. purposes. America broadcasts were initiated dur- I also want to say a word about the In my home State of Kentucky, fering the Second World War. During the goal of this legislation. Clearly, the tilizer theft has become a serious prob- Cold War, Radio Free Europe and Radio smuggling and trafficking problem im- lem and is contributing to a dangerous Liberty broadcasts behind the Iron pacts a host of immigration issues. rise in the illegal drug trade. One com- Curtain were a literal information life- While we are engaged in the nationwide mon fertilizer, anhydrous ammonia, is line for millions trapped under Soviet debate surrounding immigration, we stolen in large quantities and is a fun- misrule. must also ensure that the crimes re- damental part of the production of Since the attacks of September 11, lated to smuggling and trafficking are some forms of methamphetamine. This 2001, the Broadcasting Board of Gov- punished appropriately. We should not problem is especially bad in rural areas ernors, the Federal agency responsible wait for the conclusion of debate on where police officers in Kentucky are for these broadcasts, has significantly the overall issue. try to curb the problem by distributing expanded our outreach to the Muslim Whatever your feelings are regarding locks to farmers and training them to world. At the direction of Congress, it immigration policy, I think everyone identify the signs of a methamphet- reestablished Radio Free Afghanistan can agree that we must not allow oth- amine label. broadcasts, which had been curtailed in erwise innocent men, women, and chil- But these efforts are not enough. the 1990s. It initiated a new Arabic-lan- dren to be abused and killed by those This legislation is an important step to guage service to the Middle East— who seek to profit from the desperation ensure that America’s agricultural fa- Radio Sawa—featuring a new format of of others. cilities are secure. Without our action, both music and news and information many of the facilities throughout our programming designed to reach young- By Mr. BUNNING (for himself country would simply be unable to er audiences. It started a new Persian and Mr. NELSON of Nebraska): fund security improvements. We can- service, Radio Farda, broadcast to S. 2872. A bill to amend the Internal not risk fertilizers and chemicals fall- Iran. And it launched a satellite tele- Revenue Code of 1986 to provide a cred- ing into the wrong hands and facili- vision station, Alhurra, which is transit to certain agriculture-related busi- tating illegal drug manufacturing or mitted across the Arab world in an ef- nesses for the cost of protecting cer- terrorist bomb makers. I hope my col- fort to compete with other pan-Arab tain chemicals; to the Committee on leagues will join Senator NELSON and television outlets like Al Jazeera and Finance. me in supporting this important legis- Al Arabiya. Mr. BUNNING. Mr. President, I rise lation. We have seen dramatic results. In today to introduce the Agricultural several cities in the Middle East, Radio Business Security Investment Tax By Mr. GRASSLEY: Sawa is now the leading international Credit Act of 2004. I am pleased to join S. 2873. A bill to extend the authority broadcaster, and is competitive with with my colleague from Nebraska, Sen- of the United States District Court for local stations. A survey conducted in ator NELSON, In supporting this impor- the Southern District of Iowa to hold Morocco earlier this year shows that, tant legislation. court in Rock Island, Illinois; to the in Casablanca and Rabat, Radio Sawa Security at our agricultural facilities Committee on the Judiciary. is the No. 1 station among all listeners has regrettably become a national con- Mr. GRASSLEY. Mr. President, I ask over age 15. Some 88 percent of people cern in the last decade. While we saw unanimous consent that text of this in those cities under the age of 30 lis- agricultural products used for destruc- bill be printed in the RECORD. ten weekly, and 64 percent of those S10070 CONGRESSIONAL RECORD — SENATE September 30, 2004 over age 30 do so. The listener audience logue. International broadcasting is communication with countries with signifi- is not as high in other countries—rang- just one means of conducting that dia- cant Muslim populations by providing news, ing from a low of 2 percent in Lebanon logue. We have to explain who we are, information, and analysis, as well as cultural to 7 percent in Egypt to 42 percent in what we stand for, and what our mo- programming, through both radio and television broadcasts. the UAE to 45 percent in Kuwait. But tives are. If we don’t, we will have (4) The report of the National Commission these data are phenomenal for inter- ceded the field to people who will mis- on Terrorist Attacks Upon the United States national broadcasting, where you are represent our policies or our motives. stated that, ‘‘Recognizing that Arab and doing well if you are attracting five International broadcasting is one of Muslim audiences rely on satellite television percent of the audience weekly. several public diplomacy programs— and radio, the government has begun some Although Alhurra television pro- such as international exchanges and in- promising initiatives in television and radio gramming has only been on the air for formation programs—that have been broadcasting to the Arab world, Iran, and Af- 7 months, it is already attracting an underfunded and understaffed for too ghanistan. These efforts are beginning to important audience share. Recent data reach large audiences. The Broadcasting long. This legislation I introduce today Board of Governors has asked for much larg- indicate that some 33 percent watch it only addresses international broader resources. It should get them.’’. weekly in Kuwait, 20 percent watch it casting. We should make similar in- SEC. 3. SPECIAL AUTHORITY FOR SURGE CAPAC- weekly in Saudi Arabia, and 19 percent vestments in our other public diplo- ITY. watch it weekly in Jordan and the macy programs, and I will continue to The United States International Broad- United Arab Emirates. That’s not as work to ensure that we do so. casting Act of 1994 (22 U.S.C. 6201 et seq.) is high as Al Jazeera and Al Arabiya, The 9/11 Commission recognized the amended by adding at the end the following other pan-Arab satellite networks that lack of adequate funding for these pro- new section: are more dominant, but after 7 months, ‘‘SEC. 316. SPECIAL AUTHORITY FOR SURGE CA- grams, and called on Congress and the PACITY. we are in the game. administration to invest in them. ‘‘(a) EMERGENCY AUTHORITY.— We can and should build on these suc- Among other things, the Commission ‘‘(1) IN GENERAL.—Whenever the President cesses, by expanding our broadcasting specifically recommended that we in- determines it to be important to the na- efforts to other nations with large crease funding for international broad- tional interests of the United States and so Muslim populations—from Southeast casting: certifies to the appropriate congressional Asia to Central and South Asia to the Recognizing that Arab and Muslim audi- committees, the President, on such terms African continent. The bill that I in- ences rely on satellite television and radio, and conditions as the President may deter- troduce today authorizes such an ex- the government has begun some promising mine, is authorized to direct any depart- initiatives in television and radio broad- ment, agency, or other entity of the United pansion, and would provide for new or States to furnish the Broadcasting Board of expanded services, in both radio and casting to the Arab world, Iran, and Afghani- stan. These efforts are beginning to reach Governors with such assistance as may be television, to all of these regions. This necessary to provide international broad- would not involve a one-sized-fits-all large audiences. The Broadcasting Board of Governors has asked for much larger re- casting activities of the United States with a approach, but a targeted effort based sources. It should get them. surge capacity to support United States for- on analysis of each individual market. eign policy objectives during a crisis abroad. I do not want to imply that this will The 9/11 Commission did not rec- ‘‘(2) SUPERSEDES EXISTING LAW.—The au- provide an immediate impact. It will ommend a specific budget amount, or thority of paragraph (1) supersedes any other be a significant challenge. It will re- provide a detailed plan. This proposal provision of law. ‘‘(3) SURGE CAPACITY DEFINED.—In this sub- quire additional resources and per- does both. It is based on a thoroughly- researched plan. It provides significant section, the term ‘surge capacity’ means the sonnel. It will require diplomatic ef- financial and technical resources necessary forts—to obtain permission for con- resources—$222 million in one-time costs, and annual costs of $345 million. to carry out broadcasting activities in a geo- struction relay stations and to procure graphical area during a crisis. local broadcast licenses. But we cannot This represents about a 60 percent in- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— afford not to try. crease over the current annual budget ‘‘(1) IN GENERAL.—Effective October 1, 2004, Around the globe, there are some 1.2 of $570 million for such broadcasting. there are authorized to be appropriated to billion Muslims. Polling data indicate Relative to other national security the President such amounts as may be nec- that favorable attitudes toward the programs, I believe it is a bargain—and essary for the President to carry out this section, except that no such amount may be United States and U.S. policy have dean investment that is well worth the price. appropriated which, when added to amounts clined considerably in the last few previously appropriated for such purpose but years. One report, prepared by the Pew I urge my colleagues to support this not yet obligated, would cause such amounts organization in June 2003, stated that legislation. to exceed $25,000,000. ‘‘the bottom has fallen out of support I ask unanimous consent that the ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap- for America in most of the Muslim text of the bill be printed in the propriated pursuant to the authorization of world. Negative views of the U.S. RECORD. appropriations in this subsection are author- among Muslims, which had been large- There being no objection, the bill was ized to remain available until expended. ‘‘(3) DESIGNATION OF APPROPRIATIONS.— ly limited to countries in the Middle ordered to be printed in the RECORD, as follows: Amounts appropriated pursuant to the au- East, have spread to Muslim popu- thorization of appropriations in this sub- lations in Indonesia and Nigeria.’’ The S. 2874 section may be referred to as the ‘United negative image of America is perhaps Be it enacted by the Senate and House of Rep- States International Broadcasting Surge Ca- the natural result of our status as a resentatives of the United States of America in pacity Fund’.’’. global superpower. It also stems from Congress assembled, SEC. 4. REPORT. disagreements in foreign nations with SECTION 1. SHORT TITLE. In each annual report submitted under sec- U.S. policy. But it is also the result of This Act may be cited as the ‘‘Initiative tion 305(a)(9) of the United States Inter- 911 Act’’. a failure to explain U.S. policy, and a national Broadcasting Act of 1994 (22 U.S.C. 6204(a)(9)) after the date of enactment of this failure to engage in a dialogue with SEC. 2. FINDINGS. Congress makes the following findings: Act, the Broadcasting Board of Governors foreign audiences. (1) Open communication of information shall give special attention to reporting on The negative opinion in the world and ideas among peoples of the world con- the activities carried out under this Act. about the United States and U.S. pol- tributes to international peace and stability, SEC. 5. AUTHORIZATION OF APPROPRIATIONS. icy is a national security challenge of and that the promotion of such communica- (a) IN GENERAL.—In addition to amounts the fist order. We must deal with this tion is important to the national security of otherwise available for such purposes, the simple fact: most foreign governments, the United States. following amounts are authorized to be ap- even non-democratic ones, are con- (2) The United States needs to improve its propriated to carry out United States Gov- strained in their ability to support communication of information and ideas to ernment broadcasting activities under the American policy if their own people op- people in foreign countries, particularly in United States Information and Educational countries with significant Muslim popu- Exchange Act of 1948 (22 U.S.C. 1431 et seq.), pose the United States and its policies. lations. the United States International Broad- We must, therefore, greatly expand our (3) A significant expansion of United casting Act of 1994 (22 U.S.C. 6201 et seq.), the efforts to engage foreign audiences, not States international broadcasting would pro- Foreign Affairs Reform and Restructuring in a one-way monologue, but in a dia- vide a cost-effective means of improving Act of 1998 (as enacted in division of G of the September 30, 2004 CONGRESSIONAL RECORD — SENATE S10071 Omnibus Consolidated and Emergency Sup- cent of all burn beds. Further, a dis- amendment would have allowed lenders plemental Appropriations Act, 1999; Public proportionate percentage of the most to transfer loans within their portfolio Law 107–277), and this Act, and to carry out seriously ill and injured patients are to continue to receive the 9.5 percent other authorities in law consistent with such treated and convalesce in teaching hos- guarantee, a practice explicitly criti- purposes: (1) INTERNATIONAL BROADCASTING OPER- pitals. Emergency rooms are increas- cized in the GAO report on this issue. ATIONS.—For ‘‘International Broadcasting ingly used as a primary care clinic be- Worse, her amendment would have Operations’’, $497,000,000 for the fiscal year cause patients cannot find a physician spent more money than it generated by 2005. who accepts Medicare, and they treat converting savings that accrue over 10 (2) BROADCASTING CAPITAL IMPROVEMENTS.— more individuals who are uninsured. In years into discretionary expenditures For ‘‘Broadcasting Capital Improvements’’, 2000, hospitals provided $21.6 billion in to be spent in a single year, 2005. $70,000,000 for the fiscal year 2005. uncompensated care. Senator MURRAY’s amendment would (b) AVAILABILITY OF FUNDS.—Amounts ap- also have jeopardized student benefits propriated pursuant to the authorization of Lower reimbursement rates coupled appropriations in this section are authorized with bioterrorism risks and a work- nationwide by preventing nonprofit to remain available until expended. force shortage make our hospitals a lenders, which are required to pour any time bomb waiting to go off. It is our extra Federal funds they receive back By Mrs. HUTCHISON (for herself, responsibility to ensure they have ade- into the student loan program, from le- Mr. BAYH, and Mr. KENNEDY): quate resources. gitimately receiving the guarantee. In S. 2876. A bill to amend title XVIII of I look forward to working with my other words, her amendment would the Social Security Act to eliminate colleagues to pass the American Hos- have led to increased interest rates and reductions in payments to hospitals for pital Preservation Act. origination fees for student borrowers, the indirect costs of medical education; and the elimination of loan forgiveness to the Committee on Finance. By Mr. GREGG (for himself, Mr. programs for nurses, teachers, and pub- Mrs. HUTCHISON. Mr. President, I BOND, and Mr. GRAHAM of South lic safety officers. am pleased to introduce legislation Carolina): The potential damage did not end today to restore Medicare reimburse- S. 2877. A bill to reduce the special there. Because Senator MURRAY’s ment to hospitals. I introduce the allowance for loans from the proceeds amendment would have disrupted con- American Hospital Preservation Act of tax exempt issues, and to provide ad- tractual obligations between the Fed- with my colleague, Senator BAYH, to ditional loan forgiveness for teachers eral Government and lenders and note restore reimbursement for indirect who teach mathematics, science, or holders, it could have exposed the De- medical education (IME) payments to special education; to the Committee on partment of Education to costly litiga- teaching hospitals. IME payments give Health, Education, Labor, and Pen- tion and risk a court order requiring teaching hospitals an additional Medi- sions. the payments to be restored. care reimbursement due to their higher Mr. GREGG. Mr. President, in recent Clearly, efforts to end the loophole costs of inpatient care. The Medicare days, much ink has been spilled and have been unproductive or worse thus Modernization Act restored the reim- much rhetoric bandied about on the far. Today, I hope to transform the de- bursement rate to 6 percent for fiscal subject of the 8.5 percent interest rate bate by introducing the Taxpayer- year 2004. However this payment upon student loans the Federal Govern- Teacher Protection Act of 2004, along date expires today. Over the next 3 ment guarantees to a handful of lend- with my colleagues, Senators BOND and years, reimbursements to teaching hos- ers. We all agree that this loophole, GRAHAM, and Representative BOEHNER pitals will decrease, making it more which results in windfall profits to in the House. This legislation will close difficult to care for our sick and to some lenders and banks, should be the loophole for one year and direct the train our future health care providers. ended. resulting savings toward the expansion The American Hospital Preservation Only recently have my colleagues on of teacher loan forgiveness programs Act would fix the reimbursement rate the other side of the aisle even ac- for math, science and special education at 6.0 and will ensure our hospitals are knowledged that this was a problem. It teachers in schools with large numbers compensated for the invaluable care should be noted, that Democrats not of disadvantaged students, without they provide to our patients. only created and protected this flawed cutting student benefits enjoyed by Hospital admissions have risen from policy during the Clinton administra- borrowers who receive loans from non- 31 million patients in 1990 to 33 million tion they failed to correct the problem profit lenders. in 2000, and the number of days in the when they were in the majority. Specifically, the bill would protect hospital is rising as well. Increased ad- Republicans have repeatedly dem- taxpayers by shutting down the loop- missions, rising liability premiums, onstrated a commitment to ending the hole in 2005 in a way that immediately and the cost of advanced technology exploitation of the 9.5 percent interest halts the high subsidies for refunding, have forced hospitals to cut back on rate guarantee. The President sub- transfers of loans from tax-exempt to services. The cost of a pint of blood in- mitted a budget in February that taxable bonds and other related trans- creased 31 percent in 2001, an additional closed the loophole. House Republicans actions. It puts lenders and note hold- $920 million burden to hospitals. Such introduced a higher education bill in ers on notice that Congress will perma- costs are continuing to rise, yet Medi- May that also would close the loophole. nently and quickly phase out all other care reimbursements to hospitals are But Democrats showed no interest in aspects of the 9.5 percent guarantee not keeping pace with inflation and moving either of those pieces of legis- without putting the federal govern- their margins are slowly shrinking. lation. Instead, they have recently of- ment in jeopardy of costly litigation. Fifty-eight percent of hospitals are los- fered a series of misguided, ineffectual The bill protects student benefits pro- ing money on the Medicare patients attempts to close the loophole. The vided by non-profit lenders, including 0 they treat. Kildee amendment that passed the percent interest rate student loans for Teaching hospitals have higher costs House did not close the loophole—a on-time completion, lower interest due to their critical role in educating fact even Senate Democrats acknowl- rates for certain students and loan for- tomorrow’s physicians. They run more edge. That amendment prohibited dis- giveness for teachers, nurses and public tests, utilize newer technology and re- cretionary funds from being used to ad- safety personnel. quire more staff because they are minister the 9.5 percent payments or The bill invests the related savings training our future health profes- for the payments themselves. The fact to more than triple teacher loan for- sionals. Preserving this reimbursement that such payments are made with giveness to $17,500 for teachers of math, rate is vital to continuing this train- mandatory funds under the Higher science, and special education—dis- ing. Although only 23 percent of all Education Act renders the amendment ciplines where there are widespread hospitals are teaching hospitals, they powerless. shortages, particularly in the inner deliver over two-thirds of charity care. Similarly, Senator MURRAY’s amend- city and rural communities—who teach Many patients rely on these hospitals ment that was rejected at the Labor- in high-need schools districts for five for their health, which make-up 78 per- HHS-Education markup failed to close years, and who meet the No Child Left cent of all trauma centers and 80 per- the loophole for several reasons. Her Behind definition of a highly qualified S10072 CONGRESSIONAL RECORD — SENATE September 30, 2004 teacher. Such loan forgiveness provides (i) in subparagraph (A), by inserting ‘‘and’’ section shall be not more than $17,500 in the an important recruiting tool for local after the semicolon; and case of— districts to fill teacher shortages, and (ii) by striking subparagraphs (B) and (C) ‘‘(A) a secondary school teacher— rewards teachers who teach disadvan- and inserting the following: ‘‘(i) who meets the requirements of sub- ‘‘(B) if employed as an elementary school section (b)(1); and taged children and children with dis- or secondary school teacher, is highly quali- ‘‘(ii) whose qualifying employment for pur- abilities, while preparing the students fied as defined in section 9101 of the Elemen- poses of such subsection is teaching mathe- in the areas of math and science that tary Secondary Education Act of 1965; and’’. matics or science on a full-time basis; and are so critical to our security and pros- (B) DIRECT LOANS.—Section 460(b)(1)(A) of ‘‘(B) an elementary school or secondary perity as a nation. the Higher Education Act of 1965 (20 U.S.C. school teacher— The President recently sent us a let- 1087j(b)(1)(A)) is amended— ‘‘(i) who meets the requirements of sub- ter reiterating his desire that Congress (i) in clause (i), by inserting ‘‘and’’ after section (b)(1); act quickly to enact legislation to the semicolon; and ‘‘(ii) whose qualifying employment for pur- close the loophole. I urge my col- (ii) by striking clauses (ii) and (iii) and in- poses of such subsection is as a special edu- serting the following: cation teacher whose primary responsibility leagues who are serious about ending ‘‘(ii) if employed as an elementary school is to provide special education to children this loophole to join me in supporting or secondary school teacher, is highly quali- with disabilities (as those terms are defined the Taxpayer-Teacher Protection Act fied as defined in section 9101 of the Elemen- in section 602 of the Individuals with Disabil- of 2004, so that we can send it to the tary and Secondary Education Act of 1965; ities Education Act); and President’s desk without delay, and and’’. ‘‘(iii) who, as certified by the chief admin- send our dollars where they belong— (2) TRANSITION RULE.— istrative officer of the public or non-profit benefiting students. (A) RULE.—The amendments made by para- private elementary school or secondary I ask unanimous consent that the graph (1) of this subsection to sections school in which the borrower is employed, is 428J(b)(1) and 460(b)(1)(A) of the Higher Edu- teaching children with disabilities that cor- text of the bill be printed in the cation Act of 1965 shall not be applied to dis- responds with the borrower’s special edu- RECORD. qualify any individual who, before the date cation training and has demonstrated knowl- There being no objection, the bill was of enactment of this Act, commenced service edge and teaching skills in the content areas ordered to be printed in the RECORD, as that met and continues to meet the require- of the elementary school or secondary school follows: ments of such sections as such sections were curriculum that the borrower is teaching.’’. S. 2877 in effect on the day before the date of enact- (3) EFFECTIVE DATE.—The amendments Be it enacted by the Senate and House of Rep- ment of this Act. made by this subsection shall apply only resentatives of the United States of America in (B) RULE NOT APPLICABLE TO INCREASED with respect to eligible individuals who are Congress assembled, QUALIFIED LOAN AMOUNTS.—Subparagraph (A) new borrowers on or after October 1, 1998, SECTION 1. SHORT TITLE. of this paragraph shall not apply for pur- and before October 1, 2005. This Act may be cited as the ‘‘Taxpayer- poses of obtaining increased qualified loan Teacher Protection Act of 2004’’. amounts under sections 428J(c)(3) and By Mr. CAMPBELL: 460(c)(3) of the Higher Education Act of 1965 SEC. 2. REDUCTION OF THE SPECIAL ALLOW- S. 2878. A bill to amend the Hoopa- ANCE FOR LOANS FROM THE PRO- as added by subsection (b) of this section. Yurok Settlement Act to provide for CEEDS OF TAX EXEMPT ISSUES. (b) ADDITIONAL AMOUNTS ELIGIBLE TO BE the acquisition of land for the Yurok Section 438(b)(2)(B) of the Higher Edu- REPAID.— Reservation and an increase in eco- cation Act of 1965 (20 U.S.C. 1087–1(b)(2)(B)) is (1) FFEL LOANS.—Section 428J(c) of the nomic development beneficial to the amended— Higher Education Act of 1965 (20 U.S.C. 1078– Hoopa Valley Tribe and the Yurok (1) in clause (i), by striking ‘‘this division’’ 10(c)) is amended by adding at the end the and inserting ‘‘this clause’’; following: Tribe, and for other purposes; to the (2) in clause (ii), by striking ‘‘division (i) of ‘‘(3) ADDITIONAL AMOUNTS FOR TEACHERS IN Committee on Indian Affairs. this subparagraph’’ and inserting ‘‘clause (i) MATHEMATICS, SCIENCE, OR SPECIAL EDU- Mr. CAMPBELL. Mr. President, of this subparagraph’’; CATION.—Notwithstanding the amount speci- today I am pleased to introduce The (3) in clause (iv), by inserting ‘‘or refunded fied in paragraph (1), the aggregate amount Hoopa-Yurok Settlement Amendment on or after October 1, 2004 and before October that the Secretary shall repay under this Act of 2004, a bill that would provide 1, 2005,’’ after ‘‘October 1, 1993,’’; and section shall be not more than $17,500 in the for the acquisition of land for the (4) by adding at the end the following new case of— Yurok Reservation and an increase in clause: ‘‘(A) a secondary school teacher— ‘‘(v) Notwithstanding clauses (i) and (ii), ‘‘(i) who meets the requirements of sub- economic development beneficial to the quarterly rate of the special allowance section (b); and the Hoopa Valley Tribe and Yurok shall be the rate determined under subpara- ‘‘(ii) whose qualifying employment for pur- Tribe in the State of California. This graph (A), (E), (F), (G), (H), or (I) of this poses of such subsection is teaching mathe- bill is introduced at the request of the paragraph, or paragraph (4), as the case may matics or science on a full-time basis; and Hoopa Valley Tribe and the Yurok be, for a holder of loans that— ‘‘(B) an elementary school or secondary Tribe, and is for discussion purposes ‘‘(I) were made or purchased with funds— school teacher— only. ‘‘(aa) obtained from the issuance of obliga- ‘‘(i) who meets the requirements of sub- I ask unanimous consent that the tions the income from which is excluded section (b); from gross income under the Internal Rev- ‘‘(ii) whose qualifying employment for pur- text of the bill be printed in the enue Code of 1986 and which obligations were poses of such subsection is as a special edu- RECORD. originally issued before October 1, 1993; or cation teacher whose primary responsibility There being no objection, the bill was ‘‘(bb) obtained from collections or default is to provide special education to children ordered to be printed in the RECORD, as reimbursements on, or interests or other in- with disabilities (as those terms are defined follows: come pertaining to, eligible loans made or in section 602 of the Individuals with Disabil- S. 2878 purchased with funds described in division ities Education Act); and (aa), or from income on the investment of ‘‘(iii) who, as certified by the chief admin- Be it enacted by the Senate and House of Rep- such funds; and istrative officer of the public or non-profit resentatives of the United States of America in ‘‘(II) were— private elementary school or secondary Congress assembled, ‘‘(aa) financed by such an obligation that school in which the borrower is employed, is SECTION 1. SHORT TITLE. has matured, or been retired or defeased; teaching children with disabilities that cor- This Act may be cited as the ‘‘Hoopa- ‘‘(bb) refinanced on or after October 1, 2004 responds with the borrower’s special edu- Yurok Settlement Amendment Act of 2004’’. and before October 1, 2005, with funds ob- cation training and has demonstrated knowl- SEC. 2. ACQUISITION OF LAND FOR THE YUROK tained from a source other than funds de- edge and teaching skills in the content areas RESERVATION. scribed in subclause (I) of this clause; or of the elementary school or secondary school Section 2(c) of the Hoopa-Yurok Settle- ‘‘(cc) sold or transferred to any other hold- curriculum that the borrower is teaching.’’. ment Act (25 U.S.C. 1300i–1(c)) is amended by er on or after October 1, 2004 and before Octo- (2) DIRECT LOANS.—Section 460(c) of the adding at the end the following: ber 1, 2005.’’. Higher Education Act of 1965 (20 U.S.C. ‘‘(5) LAND ACQUISITION.— SEC. 3. LOAN FORGIVENESS FOR TEACHERS. 1087j(c)) is amended by adding at the end the ‘‘(A) IN GENERAL.—Not later than 1 year (a) IMPLEMENTING HIGHLY QUALIFIED following: after the date of enactment of this para- TEACHER REQUIREMENTS.— ‘‘(3) ADDITIONAL AMOUNTS FOR TEACHERS IN graph, the Secretary and the Secretary of (1) AMENDMENTS.— MATHEMATICS, SCIENCE, OR SPECIAL EDU- Agriculture shall— (A) FFEL LOANS.—Section 428J(b)(1) of the CATION.—Notwithstanding the amount speci- ‘‘(i) in consultation with the Yurok Tribe, Higher Education Act of 1965 (20 U.S.C. 1078– fied in paragraph (1), the aggregate amount identify Federal and private land available 10(b)(1)) is amended— that the Secretary shall cancel under this from willing sellers within and adjacent to September 30, 2004 CONGRESSIONAL RECORD — SENATE S10073

or in close proximity to the Yurok Reserva- ‘‘(6) CLAIMS.— ‘‘(2) GRANT OF MANAGEMENT AUTHORITY.— tion in the aboriginal territory of the Yurok ‘‘(A) IN GENERAL.—The Court of Federal There is granted to the Yurok Tribe manage- Tribe (excluding any land within the Hoopa Claims shall hear and determine all claims ment authority over all natural resources, Valley Reservation) as land that may be con- of the Yurok Tribe or a member of the Yurok and over all sacred and cultural sites of the sidered for inclusion in the Yurok Reserva- Tribe against the United States asserting Yurok Tribe within their usual and accus- tion; that the alienation, transfer, lease, use, or tomed places, that are on land remaining ‘‘(ii) negotiate with the Yurok Tribe to de- management of land or natural resources lo- under the jurisdiction of the National Park termine, from the land identified under cated within the Yurok Reservation violates Service, Forest Service, or Bureau of Land clause (i), a land base for an expanded Yurok the Constitution, laws, treaties, Executive Management within the aboriginal territory Reservation that will be adequate for eco- orders, regulations, or express or implied of the Yurok Tribe. nomic self-sufficiency and the maintenance contracts of the United States. ‘‘(e) SUBSISTENCE.— of religious and cultural practices; ‘‘(B) CONDITIONS.—A claim under subpara- ‘‘(1) IN GENERAL.—There is granted access ‘‘(iii) jointly with the Yurok Tribe, provide graph (A) shall be heard and determined— for subsistence hunting, fishing, and gath- for consultation with local governments, and ‘‘(i) notwithstanding any statute of limita- ering rights for members of the Yurok Tribe other parties whose interests are directly af- tions (subject to subparagraph (C)) or any over all land and water within the aboriginal fected, concerning the potential sale or other claim of laches; and territory of the Yurok Tribe that remain transfer of land to the Yurok Tribe under ‘‘(ii) without application of any setoff or under the jurisdiction of the Yurok Tribe or this Act; other claim reduction based on a judgment the United States, excluding any land within ‘‘(iv) submit to Congress a report identi- or settlement under the Act of May 18, 1928 the Hoopa Valley Reservation. fying any parcels of land within their respec- (25 U.S.C. 651 et seq.) or other laws of the ‘‘(2) CONDITION.—All subsistence-related active jurisdictions that are determined to be United States. tivities under paragraph (1) shall be con- within the land base negotiated under clause ‘‘(C) LIMITATION.—A claim under subpara- ducted in accordance with management (ii); and graph (A) shall be brought not later than 10 plans developed by the Yurok Tribe.’’. ‘‘(v) not less than 60 days after the date of years after the date of enactment of this submission of the report under clause (iv), paragraph.’’. SEC. 4. BASE FUNDING. convey to the Secretary in trust for the SEC. 3. JURISDICTION. From amounts made available to the Sec- Yurok Tribe the parcels of land within their (a) LAW ENFORCEMENT AND TRIBAL COURT retary for new tribes funding, the Secretary respective jurisdictions that are within that FUNDS AND PROGRAMS.—Section 2(f) of the shall make an adjustment in the base fund- land base. Hoopla-Yurok Settlement Act (25 U.S.C. ing for the Yurok Tribe based on the enroll- ‘‘(B) ACCEPTANCE IN TRUST.—The Secretary 1300i–1(f)) is amended— ment of the Yurok Tribe as of the date of en- shall— (1) by striking ‘‘The Hoopa’’ and inserting actment of this Act. ‘‘(i) accept in trust for the Yurok Tribe the the following: conveyance of such private land as the SEC. 5. YUROK INFRASTRUCTURE DEVELOP- ‘‘(1) IN GENERAL.—The Hoopa’’; MENT. Yurok Tribe, or the United States on behalf (2) by striking the semicolon after ‘‘Code’’ (a) IN GENERAL.—There are authorized to of the Yurok Tribe, may acquire from willing the first place it appears and inserting a sellers, by exchange or purchase; and be appropriated— comma; and (1) $20,000,000 for the upgrade and construc- ‘‘(ii) provide for the expansion of the (3) by adding at the end the following: Yurok Reservation boundaries to reflect the tion of Bureau of Indian Affairs and tribal ‘‘(2) LAW ENFORCEMENT AND TRIBAL COURT conveyances. roads on the Yurok Reservation; FUNDS AND PROGRAMS.— ‘‘(C) FUNDING.—Notwithstanding any other (2) for each fiscal year, $500,000 for the op- ‘‘(A) IN GENERAL.—Notwithstanding para- provision of law, from funds made available eration of a road maintenance program for graph (1), Federal law enforcement and tribal to carry out this Act, the Secretary may use the Yurok Tribe; court funds and programs shall be made $2,500,000 to pay the costs of appraisals, sur- (3) $3,500,000 for purchase of equipment and available to the Hoopa Valley Tribe and veys, title reports, and other requirements supplies for the Yurok Tribe road mainte- Yurok Tribe on the same basis as the funds relating to the acquisition by the Yurok nance program; and programs are available to Indian tribes Tribe of private land under this Act (exclud- (4) $7,600,000 for the electrification of the that are not subject to the provisions of law ing land within the boundaries of the Hoopa Yurok Reservation; Valley Reservation). referred to in paragraph (1). (5) $2,500,000 for telecommunication needs ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(D) REPORT.— on the Yurok Reservation; There is authorized to be appropriated for ‘‘(i) IN GENERAL.—Not later than 90 days (6) $18,000,000 for the improvement and de- after the date of submission of the report Yurok law enforcement and tribal court pro- velopment of water and wastewater treat- under subparagraph (A)(iv), the Secretary, in grams $1,000,000 for each fiscal year.’’. ment systems on the Yurok Reservation; (b) RECOGNITION OF THE YUROK TRIBE.—Sec- consultation with the Secretary of Agri- (7) $6,000,000 for the development and con- tion 9 of the Hoopa-Yurok Settlement Act culture relative to the establishment of an (25 U.S.C. 1300i–8) is amended by adding at struction of a residential care, drug and alco- adequate land base for the Yurok Tribe, shall the end the following: hol rehabilitation, and recreational complex submit to Congress a report that describes— ‘‘(f) RECOGNITION OF THE YUROK TRIBE.— near Weitchpec; ‘‘(I) the establishment of an adequate land The authority of the Yurok Tribe over its (8) $7,000,000 for the construction of a cul- base for the Yurok Tribe and implementa- territories as provided in the constitution of tural center for the Yurok Tribe; tion of subparagraph (A); the Yurok Tribe as of the date of enactment (9) $4,000,000 for the construction of a tribal ‘‘(II) the sources of funds remaining in the of this subsection are ratified and confirmed court, law enforcement, and detention facil- Settlement Fund, including the statutory insofar as that authority relates to the juris- ity in Klamath; authority for such deposits and the activi- diction of the Yurok Tribe over persons and (10) $10,000,000 for the acquisition or con- ties, including environmental consequences, land within the boundaries of the Yurok Res- struction of at least 50 homes for Yurok if any, that gave rise to those deposits; and ervation.’’. Tribe elders; ‘‘(III) disbursements made from the Settle- (c) YUROK RESERVATION RESOURCES.—Sec- (11) $3,200,000 for the development and ini- ment Fund; tion 12 of the Hoopa Yurok Settlement Act tial startup cost for a Yurok School District; ‘‘(IV) the provision of resources, reserva- (102 Stat. 2935) is amended by adding at the and tion land, trust land, and income-producing end the following: (12) $800,000 to supplement Yurok Tribe assets including, to the extent data are ‘‘(c) KLAMATH RIVER BASIN FISHERIES.— higher education need. available (including data available from the ‘‘(1) IN GENERAL.—The Secretary and the (b) PRIORITY.—Congress— Hoopa Valley Tribe and the Yurok Tribe), Secretary of Agriculture shall enter into (1) recognizes the unsafe and inadequate the environmental condition of the land and stewardship agreements with the Yurok condition of roads and major transportation income-producing assets, infrastructure, and Tribe with respect to management of Klam- routes on and to the Yurok Reservation; and other valuable assets; and ath River Basin fisheries and water re- (2) identifies as a priority that those roads ‘‘(V) to the extent data are available (in- sources. and major transportation routes be upgraded cluding data available from the Hoopa Val- ‘‘(2) EFFECT OF PARAGRAPH.—Nothing in and brought up to the same standards as ley Tribe and the Yurok Tribe), the unmet paragraph (1) provides the Yurok Tribe with transportation systems throughout the economic, infrastructure, and land needs of any jurisdiction within the Hoopa Valley State of California. each of the Hoopa Valley Tribe and the Reservation. Yurok Tribe. ‘‘(d) MANAGEMENT AUTHORITY.— SEC. 6. YUROK ECONOMIC DEVELOPMENT. ‘‘(ii) LIMITATION.—No expenditures for any ‘‘(1) DEFINITION OF COMANANGEMENT AU- There are authorized to be appropriated— purpose shall be made from the Settlement THORITY.—In this subsection, the term ‘man- (1) $20,000,000 for the construction of an Fund before the date on which, after receiv- agement authority’ means the right to make ecolodge and associated costs; ing the report under clause (i), Congress en- decisions jointly with the Secretary or the (2) $1,500,000 for the purchase of equipment acts a law authorizing such expenditures, ex- Secretary of Agriculture, as the case may be, to establish a gravel operation; and cept as the Hoopa Valley Tribe and Yurok with respect to the natural resources and sa- (3) $6,000,000 for the purchase and improve- Tribes may agree pursuant to their respec- cred and cultural sites described in para- ment of recreational and fishing resorts on tive constitutional requirements. graph (2). the Yurok Reservation. S10074 CONGRESSIONAL RECORD — SENATE September 30, 2004 SEC. 7. BLM LAND. and Restoration Act,’’ a bill that would (3) TRIBE.—The term ‘‘Tribe’’ means the (a) CONVEYANCE TO THE YUROK TRIBE.—The clarify the status of the Winnemem Indians of the Winnemem Wintu Tribe of following parcels of Bureau of Land Manage- Wintu Tribe of northern California. I northern California. ment land within the aboriginal territory of am introducing this bill, at the request SEC. 4. CLARIFICATION OF FEDERAL STATUS the Yurok Tribe are conveyed in trust status of the tribe, primarily to initiate a dis- AND RESTORATION OF FEDERAL to the Yurok Tribe: RIGHTS AND PRIVILEGES. (1) T. 9N., R. 4E, HUM, sec. 1. cussion of the tribe’s status among all (2) T. 9N., R. 4E, sec. 7. the interested parties, including the (a) FEDERAL STATUS.—Federal status is re- (3) T. 9N., R. 4E., sec. 8, lot 3. tribe, local communities, and the stored to the Tribe. (4) T. 9N., R. 4E., sec. 9, lots 19 and 20. tribe’s congressional delegation. (b) APPLICABLE LAW.—Except as otherwise (5) T. 9N., R. 4E., sec. 17, lots 3 through 6. I ask unanimous consent that the provided in this Act, all laws (including reg- (6) T. 9N., R. 4E., sec. 18, lots 7 and 10. text of the bill be printed in the ulations) of general applicability to Indians (7) T. 9N., R. 3E., sec. 13, lots 8 and 12. and nations, tribes, or bands of Indians that (8) T. 9N., R. 3E, sec. 14, lot 6. RECORD. are not inconsistent with any provision of (b) CONVEYANCE TO THE HOOPA VALLEY There being no objection, the bill was this Act shall be applicable to the Tribe and TRIBE.—The following parcels of Bureau of ordered to be printed in the RECORD, as members of the Tribe. Land Management land along the western follows: (c) RESTORATIONS OF RIGHTS AND PRIVI- boundaries of the Hoopa Valley Reservation S. 2879 LEGES.—Except as provided in subsection (d), are conveyed in trust status to the Hoopa Be it enacted by the Senate and House of Rep- all rights and privileges of the Tribe and Valley Tribe: members of the Tribe under any Federal (1) T. 9N, R. 3E., sec. 23, lots 7 and 8. resentatives of the United States of America in Congress assembled, treaty, Executive order, agreement, or stat- (2) T. 9N., R. 3E., sec. 26, lots 1 through 3. ute, or under any other authority that were (3) T. 7N., R. 3E., sec. 7, lots 1 and 6. SECTION 1. SHORT TITLE. diminished or lost under Public Law 85–671 (4) T. 7N., R. 3E., sec. 1. This Act may be cited as the ‘‘Winnemem (72 Stat. 619) are restored, and that Act shall Wintu Tribe Clarification and Restoration SEC. 8. REPEAL OF OBSOLETE PROVISIONS. be inapplicable to the Tribe or members of Act’’. Section 2(c)(4) of the Hoopa-Yurok Settle- the Tribe after the date of enactment of this ment Act (25 U.S.C. 1300i–1(c)(4)) is amended SEC. 2. FINDINGS. Act. by striking ‘‘The—’’ and all that follows Congress finds that— (d) FEDERAL SERVICES AND BENEFITS.— through ‘‘shall not be’’ and inserting ‘‘The (1) the Winnemem Wintu Indian Tribe was (1) ELIGIBILITY.— apportionment of funds to the Yurok Tribe entitled to have been included in the 1979 ac- (A) IN GENERAL.—Without regard to the ex- under sections 4 and 7 shall not be’’. knowledgement process that created a list of istence of a reservation, the Tribe and its federally recognized California tribes; SEC. 9. VOTING MEMBER. members shall be eligible, on and after the (2) in addition to its continuous historic Section 3(c) of the Klamath River Basin date of enactment of this Act, for all Federal relationship with the Federal Government, Fisheries Restoration Act (16 U.S.C. 460ss– services and benefits furnished to federally the trust status of the Tribe was reaffirmed 2(c)) is amended— recognized Indian tribes or their members. by the provisions of the Act of July 30, 1941 (1) by redesignating paragraphs (4) and (5) (B) RESIDING ON A RESERVATION.—For the (55 Stat. 612, chapter 334), which granted to as paragraphs (5) and (6); and purposes of Federal services and benefits the United States all tribal and allotted In- (2) by striking paragraph (3) and inserting available to members of federally recognized dian land within the area embraced by the the following: Indian tribes residing on a reservation, mem- Central Valley Project; ‘‘(3) A representative of the Yurok Tribe bers of the Tribe residing in the service area (3) under that Act, the Secretary, acting who shall be appointed by the Yurok Tribal shall be deemed to be residing on a reserva- through the Commissioner of Reclamation, Council. tion. on January 5, 1942, created the Shasta Res- ‘‘(4) A representative of the Department of (2) RELATION TO OTHER LAWS.—The eligi- ervoir Indian Cemetery, which contains the Interior who shall be appointed by the bility for or receipt of services and benefits Winnemem Wintu remains, markers, and Secretary.’’. under paragraph (1) by the Tribe or a mem- other appurtenances held in trust by the ber of the Tribe shall not be considered as in- SEC. 10. ECONOMIC SELF-SUFFICIENCY. United States; come, resources, or otherwise when deter- Section 10 of the Hoopa-Yurok Settlement (4) Winnemem Wintu remains were re- mining the eligibility for or computation of Act (25 U.S.C. 1300i–9) is amended by striking moved to that cemetery from the traditional any payment or other benefit to the Tribe or subsection (a) and inserting the following: cemetery of the Tribe in the McCloud River member under— ‘‘(a) PLAN FOR ECONOMIC SELF-SUFFI- valley that was flooded by the Shasta Res- (A) any financial aid program of the United CIENCY.— ervoir; States, (including grants and contracts ‘‘(1) NEGOTIATIONS.—Not later than 30 days (5) the Bureau of Reclamation informed under the Indian Self-Determination and after the date of enactment of the Hoopa- the Area Director of the Indian Service in Education Assistance Act (25 U.S.C. 450 et Yurok Settlement Amendment Act of 2004, writing on December 22, 1942, of the new seq.); or the Secretary shall enter into negotiations cemetery and its status as Federal trust (B) any other benefit to which the Tribe or with the Yurok Tribe to establish a plan for land; member would otherwise be entitled under the economic self-sufficiency of the Yurok (6) the Secretary, through an administra- any Federal or federally assisted program. Tribe, which shall be completed not later tive oversight or inaction of the Indian Serv- than 18 months after the date of enactment ice, overlooked the trust status of the Tribe, (e) HUNTING, FISHING, TRAPPING, GATH- of the Hoopa-Yurok Settlement Amendment which was reaffirmed by the making of par- ERING, AND WATER RIGHTS.—Nothing in this Act of 2004. tial restitution by the Secretary for the tak- Act expands, reduces, or otherwise affects in ‘‘(2) SUBMISSION TO CONGRESS.—On the ap- ing of tribal land and the 1941 relocation of any manner any hunting, fishing, trapping, proval of the plan by the Yurok Tribe, the the remains of tribal members, which remain gathering, or water rights of the Tribe and Secretary shall submit the plan to Congress. interred in the Shasta Reservoir Indian Cem- members of the Tribe. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— etery; (f) CERTAIN RIGHTS NOT ALTERED.—Except There is authorized to be appropriated (7) the ongoing trust relationship of the as specifically provided in this Act, nothing $3,000,000 to establish the Yurok Tribe Self- Tribe with the Federal Government should in this Act alters any property right or obli- Sufficiency Plan.’’. have been recognized by the Secretary, and gation, any contractual right or obligation, SEC. 11. EFFECT OF ACT. the Tribe should have been included in the or any obligation for taxes levied. Nothing in this Act or any amendment 1979 listing of federally recognized California made by this Act limits the existing rights tribes; and SEC. 5. RESERVATION OF THE TRIBE. of the Hoopa Valley Tribe or the Yurok (8) the Tribe, as a matter of sovereign Not later than 1 year after the date of en- Tribe Tribe. choice, has determined that the conduct of actment of this Act, the Secretary shall take gaming by the Tribe would be detrimental to the 42.5-acre site presently occupied by the By Mr. CAMPBELL: the maintenance of its traditional tribal cul- Tribe into trust for the benefit of the Tribe, S. 2879. A bill to restore recognition ture. and that land shall be the reservation of the to the Winnemem Wintu Indian Tribe SEC. 3. DEFINITIONS. Tribe. In this Act: of California; to the Committee on In- SEC. 6. GAMING. (1) SECRETARY.—The term ‘‘Secretary’’ dian Affairs. means the Secretary of the Interior. The Tribe shall not have the right to con- Mr. CAMPBELL. Mr. President, (2) SERVICE AREA.—The term ‘‘service duct gaming (within the meaning of the In- today I am pleased to introduce ‘‘The area’’ means the counties of Shasta and dian Gaming Regulatory Act (25 U.S.C. 2701 Winnemem Wintu Tribe Clarification Siskiyou, California. et seq.)). September 30, 2004 CONGRESSIONAL RECORD — SENATE S10075 SUBMITTED RESOLUTIONS The Rotunda has long been considered SA 3805. Mrs. CLINTON submitted an an ideal setting for important ceremo- amendment intended to be proposed by her nial events, including state funerals for to the bill S. 2845, supra; which was ordered SENATE CONCURRENT RESOLU- presidents from Abraham Lincoln to to lie on the table. SA 3806. Mr. MCCAIN (for himself and Mr. TION 139—DIRECTING THE ARCHI- Lyndon Johnson, distinguished Mem- TECT OF THE CAPITOL TO ES- LIEBERMAN) proposed an amendment to the bers of Congress, military heroes, and bill S. 2845, supra. TABLISH A TEMPORARY EXHIBIT eminent citizens. The Rotunda is filled SA 3807. Mr. MCCAIN (for himself and Mr. IN THE ROTUNDA OF THE CAP- with portraits and sculptures remind- LIEBERMAN) proposed an amendment to the ITOL TO HONOR THE MEMORY ing Americans of past battles and more bill S. 2845, supra. OF MEMBERS OF THE UNITED modern achievements. Eight framed SA 3808. Mr. LEVIN submitted an amendment intended to be proposed by him to the STATES ARMED FORCES WHO niches hold large historical paintings— HAVE LOST THIR LIVES IN OP- bill S. 2845, supra; which was ordered to lie four revolutionary period scenes and on the table. ERATION IRAQI FREEDOM AND four scenes of early exploration. SA 3809. Mr. LEVIN submitted an amend- OPERATION ENDURING FREEDOM There is precedence for a memorial ment intended to be proposed by him to the Mr. LAUTENBERG submitted the to fallen heroes in the Capitol Ro- bill S. 2845, supra; which was ordered to lie following concurrent resolution; which tunda. Beginning in 1921, the Capitol on the table. Rotunda was used to honor the Un- SA 3810. Mr. LEVIN submitted an amend- was referred to the Committee on ment intended to be proposed by him to the Rules and Administration: known Soldier who lost his life serving bill S. 2845, supra; which was ordered to lie S. CON. RES. 139 in World War I. Memorials to the Un- on the table. Resolved by the Senate (the House of Rep- known Soldier from World War II, the SA 3811. Mr. MCCONNELL submitted an resentatives concurring), Korean War, and the Vietnam War fol- amendment intended to be proposed by him SECTION 1. EXHIBIT IN ROTUNDA OF THE CAP- lowed. In addition, in 1989, an official to the bill S. 2845, supra; which was ordered ITOL IN HONOR OF MEMBERS OF POW/MIA flag was installed in the U.S. to lie on the table. SA 3812. Mr. MCCONNELL submitted an ARMED FORCES KILLED IN IRAQ Capitol Rotunda, where it remains AND AFGHANISTAN. amendment intended to be proposed by him (a) ESTABLISHMENT OF TEMPORARY EX- today, as a result of legislation passed to the bill S. 2845, supra; which was ordered HIBIT.—During the period beginning on Octo- overwhelmingly during the 100th Con- to lie on the table. ber 1, 2004, and ending on November 30, 2004, gress. SA 3813. Mr. REED submitted an amend- the Architect of the Capitol shall display in This memorial builds upon congres- ment intended to be proposed by him to the the rotunda of the Capitol an exhibit to sional action of the past and presents bill S. 2845, supra; which was ordered to lie honor the memory of members of the United an opportunity for the United States on the table. States Armed Forces who have lost their Congress to thank our fallen soldiers SA 3814. Mr. BINGAMAN submitted an amendment intended to be proposed by him lives in Operation Iraqi Freedom and Oper- and their families. I urge my col- ation Enduring Freedom. to the bill S. 2845, supra; which was ordered (b) FORM OF EXHIBIT.—The exhibit dis- leagues to join me in this endeavor. to lie on the table. played under this section shall be in such f SA 3815. Mr. ROCKEFELLER (for himself, Mrs. HUTCHISON, Mr. ROBERTS, and Ms. MI- form and contain such material as the Archi- AMENDMENTS SUBMITTED AND tect may select, so long as— KULSKI) submitted an amendment intended (1) the exhibit displays the name, photo- PROPOSED to be proposed by him to the bill S. 2845, graph, and biographical information with re- SA 3794. Mr. GRAHAM, of Florida sub- supra. spect to each individual member of the mitted an amendment intended to be pro- SA 3816. Mr. BINGAMAN submitted an United States Armed Forces who has lost his posed by him to the bill S. 2845, to reform amendment intended to be proposed by him or her life in the Operations referred to in the intelligence community and the intel- to the bill S. 2845, supra; which was ordered subsection (a); and ligence and intelligence-related activities of to lie on the table. SA 3817. Mr. SPECTER submitted an (2) the exhibit provides an opportunity for the United States Government, and for other amendment intended to be proposed by him visitors to write messages of support and purposes; which was ordered to lie on the to the bill S. 1728, to amend the September sympathy to the families of the individuals table. 11th Victim Compensation Fund of 2001 (Pub- represented in the exhibit and to have those SA 3795. Mr. HOLLINGS (for himself, Mr. lic Law 107–42; 49 U.S.C. 40101 note) to pro- messages transmitted to the families. STEVENS, Mr. INOUYE, and Mr. COCHRAN) sub- vide compensation for the United States Mr. LAUTENBERG. Mr. President, I mitted an amendment intended to be proposed by him to the bill S. 2845, supra. Citizens who were victims of the bombings of rise today to submit a concurrent reso- SA 3796. Mr. KYL (for himself, Mr. United States embassies in East Africa on lution that allows for a temporary dis- CHAMBLISS, and Mr. DOMENICI) submitted an August 7, 1998, the attack on the U.S.S. Cole play in the Capitol Rotunda memori- amendment intended to be proposed by him on October 12, 2000, or the attack on the alizing the soldiers lost in Iraq and Af- to the bill S. 2845, supra; which was ordered World Trade Center on February 26, 1993, on ghanistan. I can think of no greater to lie on the table. the same basis as compensation is provided tribute to the families of those who SA 3797. Mr. GRAHAM, of Florida proposed to victims of the terrorist-related aircraft an amendment to the bill S. 2845, supra. crashes on September 11, 2001; which was re- died for our country than to honor SA 3798. Mr. COLEMAN submitted an ferred to the Committee on the Judiciary. their memories right here in the Cap- amendment intended to be proposed by him SA 3818. Mr. SPECTER submitted an itol Building. to the bill S. 2845, supra; which was ordered amendment intended to be proposed by him This temporary memorial would pro- to lie on the table. to the bill S. 2845, to reform the intelligence vide pictures and biographical informa- SA 3799. Mr. COLEMAN submitted an community and the intelligence and intel- tion for each serviceman and service- amendment intended to be proposed by him ligence-related activities of the United woman who has died in Operation Iraqi to the bill S. 2845, supra; which was ordered States Government, and for other purposes; to lie on the table. which was ordered to lie on the table. Freedom and Operation Enduring Free- SA 3800. Mr. COLEMAN submitted an SA 3819. Mr. ENSIGN (for himself, Mr. KYL, dom. Also, it would include space for amendment intended to be proposed by him Mr. CHAMBLISS, Mr. CORNYN, Mr. GRASSLEY, people visiting the Capitol to write to the bill S. 2845, supra; which was ordered and Mr. SESSIONS) submitted an amendment notes and tributes to be shared with to lie on the table. intended to be proposed by him to the bill S. the families so they know that their SA 3801. Mr. KYL (for himself and Mr. 2845, supra. loved ones will always be in our CHAMBLISS) proposed an amendment to the SA 3820. Mr. KYL submitted an amend- thoughts and prayers. bill S. 2845, supra. ment intended to be proposed by him to the SA 3802. Mr. LAUTENBERG (for himself, bill S. 2845, supra; which was ordered to lie To date, the United States has lost Mrs. CLINTON, Mr. FEINGOLD, and Mr. on the table. 1,409 soldiers in Iraq, and 138 in Afghan- CORZINE) submitted an amendment intended SA 3821. Mr. HARKIN submitted an amend- istan. There are currently 150,500 ac- to be proposed by him to the bill S. 2845, ment intended to be proposed by him to the tive duty and reserve forces in Iraq and supra. bill S. 2845, supra; which was ordered to lie Afghanistan combined—135,000 in Iraq SA 3803. Mr. CORNYN submitted an on the table. and 15,500 in Afghanistan—including amendment intended to be proposed by him SA 3822. Mr. HARKIN submitted an amend- 3,709 from New Jersey. to the bill S. 2845, supra; which was ordered ment intended to be proposed by him to the The Capitol Rotunda is the symbolic to lie on the table. bill S. 2845, supra; which was ordered to lie SA 3804. Mr. KYL submitted an amend- on the table. heart of the United States Capitol and ment intended to be proposed by him to the SA 3823. Ms. COLLINS (for Mr. VOINOVICH) our Nation’s democracy, and it is vis- bill S. 2845, supra; which was ordered to lie proposed an amendment to the bill S. 2845, ited by thousands of people each day. on the table. supra. S10076 CONGRESSIONAL RECORD — SENATE September 30, 2004

SA 3824. Mr. BIDEN (for himself, Mr. SPEC- bill S. 2845, supra; which was ordered to lie SA 3864. Mr. FRIST submitted an amend- TER, and Mr. KYL) submitted an amendment on the table. ment intended to be proposed by him to the intended to be proposed by him to the bill S. SA 3845. Mr. BYRD submitted an amend- bill S. 2845, supra; which was ordered to lie 2845, supra; which was ordered to lie on the ment intended to be proposed by him to the on the table. table . bill S. 2845, supra; which was ordered to lie SA 3865. Mr. AKAKA submitted an amend- SA 3825. Mr. LEVIN (for himself and Mr. on the table. ment intended to be proposed by him to the ALEXANDER) submitted an amendment in- SA 3846. Mr. BYRD submitted an amend- bill S. 2845, supra; which was ordered to lie tended to be proposed by him to the bill S. ment intended to be proposed by him to the on the table. 2845, supra; which was ordered to lie on the bill S. 2845, supra; which was ordered to lie SA 3866. Mr. SPECTER submitted an table. on the table. amendment intended to be proposed by him SA 3826. Mr. STEVENS (for himself, Mr. SA 3847. Mr. BYRD submitted an amend- to the bill S. 2845, supra; which was ordered WARNER, and Mr. INOUYE) submitted an ment intended to be proposed by him to the to lie on the table. amendment intended to be proposed by him bill S. 2845, supra; which was ordered to lie SA 3867. Mr. LEVIN (for himself and Mr. to the bill S. 2845, supra; which was ordered on the table. COLEMAN) submitted an amendment intended to lie on the table. SA 3848. Mr. BYRD submitted an amend- to be proposed by him to the bill S. 2845, SA 3827. Mr. STEVENS submitted an ment intended to be proposed by him to the supra; which was ordered to lie on the table. amendment intended to be proposed by him bill S. 2845, supra; which was ordered to lie SA 3868. Mr. SESSIONS submitted an to the bill S. 2845, supra; which was ordered on the table. amendment intended to be proposed by him to lie on the table. SA 3849. Mr. CORZINE (for himself and Mr. to the bill S. 2845, supra; which was ordered SA 3828. Mr. STEVENS (for himself, Mr. LAUTENBERG) submitted an amendment in- to lie on the table. INOUYE, and Mr. WARNER) submitted an tended to be proposed by him to the bill S. SA 3869. Mr. SESSIONS submitted an amendment intended to be proposed by him 2845, supra; which was ordered to lie on the amendment intended to be proposed by him to the bill S. 2845, supra; which was ordered table. to the bill S. 2845, supra; which was ordered SA 3850. Mr. GRASSLEY submitted an to lie on the table. to lie on the table. SA 3829. Mr. STEVENS (for himself, Mr. amendment intended to be proposed by him SA 3870. Mr. SESSIONS submitted an to the bill S. 2845, supra; which was ordered amendment intended to be proposed by him WARNER, and Mr. INOUYE) submitted an amendment intended to be proposed by him to lie on the table. to the bill S. 2845, supra; which was ordered SA 3851. Mr. GRASSLEY (for himself, Mr. to the bill S. 2845, supra; which was ordered to lie on the table. CHAMBLISS, and Mr. KYL) submitted an SA 3871. Mr. SESSIONS (for himself, Mr. to lie on the table. amendment intended to be proposed by him CORNYN, Mr. MILLER, and Mr. ENSIGN) sub- SA 3830. Mr. STEVENS (for himself, Mr. to the bill S. 2845, supra; which was ordered mitted an amendment intended to be pro- WARNER, and Mr. INOUYE) submitted an to lie on the table. posed by him to the bill S. 2845, supra; which amendment intended to be proposed by him SA 3852. Mr. GRASSLEY submitted an was ordered to lie on the table. to the bill S. 2845, supra; which was ordered amendment intended to be proposed by him SA 3872. Mr. SESSIONS (for himself and to lie on the table. to the bill S. 2845, supra; which was ordered Mr. ENSIGN) submitted an amendment in- SA 3831. Mr. LAUTENBERG submitted an to lie on the table. tended to be proposed by him to the bill S. amendment intended to be proposed by him SA 3853. Mr. GRASSLEY (for himself and 2845, supra; which was ordered to lie on the to the bill S. 2845, supra; which was ordered Mr. LEAHY) submitted an amendment in- table. to lie on the table. tended to be proposed by him to the bill S. SA 3873. Mr. SESSIONS submitted an SA 3832. Mr. JEFFORDS submitted an 2845, supra; which was ordered to lie on the amendment intended to be proposed by him amendment intended to be proposed by him table. to the bill S. 2845, supra; which was ordered to the bill S. 2845, supra; which was ordered SA 3854. Mr. TALENT submitted an to lie on the table. to lie on the table. amendment intended to be proposed by him SA 3874. Mr. WARNER submitted an SA 3833. Mr. AKAKA submitted an amend- to the bill S. 2845, supra; which was ordered amendment intended to be proposed by him ment intended to be proposed by him to the to lie on the table. to the bill S. 2845, supra; which was ordered bill S. 2845, supra; which was ordered to lie SA 3855. Mr. GRASSLEY submitted an to lie on the table. on the table. amendment intended to be proposed by him SA 3875. Mr. WARNER submitted an SA 3834. Mrs. BOXER submitted an amend- to the bill S. 2845, supra; which was ordered amendment intended to be proposed by him ment intended to be proposed by her to the to lie on the table. to the bill S. 2845, supra; which was ordered bill S. 2845, supra; which was ordered to lie SA 3856. Mr. GRASSLEY submitted an to lie on the table. on the table. amendment intended to be proposed by him SA 3876. Mr. WARNER (for himself, Mr. SA 3835. Mrs. BOXER submitted an amend- to the bill S. 2845, supra; which was ordered STEVENS, and Mr. INOUYE) submitted an ment intended to be proposed by her to the to lie on the table. amendment intended to be proposed by him bill S. 2845, supra; which was ordered to lie SA 3857. Mr. SHELBY submitted an amend- to the bill S. 2845, supra; which was ordered on the table. ment intended to be proposed to amendment to lie on the table. SA 3836. Mrs. BOXER submitted an amend- SA 3705 proposed by Ms. COLLINS (for herself, SA 3877. Mr. WARNER (for himself, Mr. ment intended to be proposed by her to the Mr. CARPER, and Mr. LIEBERMAN) to the bill STEVENS, and Mr. INOUYE) submitted an bill S. 2845, supra; which was ordered to lie S. 2845, supra; which was ordered to lie on amendment intended to be proposed by him on the table. the table. to the bill S. 2845, supra; which was ordered SA 3837. Mr. CONRAD submitted an SA 3858. Mr. SHELBY submitted an amend- to lie on the table. amendment intended to be proposed by him ment intended to be proposed to amendment SA 3878. Mr. WARNER (for himself, Mr. to the bill S. 2845, supra; which was ordered SA 3705 proposed by Ms. COLLINS (for herself, STEVENS, and Mr. INOUYE) submitted an to lie on the table. Mr. CARPER, and Mr. LIEBERMAN) to the bill amendment intended to be proposed by him SA 3838. Mr. CONRAD submitted an S. 2845, supra; which was ordered to lie on to the bill S. 2845, supra; which was ordered amendment intended to be proposed by him the table. to lie on the table. to the bill S. 2845, supra; which was ordered SA 3859. Mr. DOMENICI submitted an SA 3879. Mr. WARNER (for himself, Mr. to lie on the table. amendment intended to be proposed by him STEVENS, and Mr. INOUYE) submitted an SA 3839. Mr. STEVENS (for himself, Mr. to the bill S. 2845, supra; which was ordered amendment intended to be proposed by him WARNER, and Mr. INOUYE) proposed an to lie on the table. to the bill S. 2845, supra; which was ordered amendment to the bill S. 2845, supra. SA 3860. Mr. DOMENICI submitted an to lie on the table. SA 3840. Mr. STEVENS (for himself, Mr. amendment intended to be proposed by him SA 3880. Mr. WARNER (for himself, Mr. WARNER, and Mr. INOUYE) submitted an to the bill S. 2845, supra; which was ordered STEVENS, and Mr. INOUYE) submitted an amendment intended to be proposed by him to lie on the table. amendment intended to be proposed by him to the bill S. 2845, supra; which was ordered SA 3861. Mr. DOMENICI submitted an to the bill S. 2845, supra; which was ordered to lie on the table. amendment intended to be proposed by him to lie on the table. SA 3841. Mr. NELSON, of Florida sub- to the bill S. 2845, supra; which was ordered SA 3881. Mr. KYL submitted an amend- mitted an amendment intended to be pro- to lie on the table. ment intended to be proposed by him to the posed by him to the bill S. 2845, supra; which SA 3862. Mr. INHOFE submitted an amend- bill S. 2845, supra; which was ordered to lie was ordered to lie on the table. ment intended to be proposed by him to the on the table. SA 3842. Mr. AKAKA submitted an amend- bill S. 2845, supra; which was ordered to lie SA 3882. Mr. STEVENS submitted an ment intended to be proposed by him to the on the table. amendment intended to be proposed by him bill S. 2845, supra; which was ordered to lie SA 3863. Mr. McCAIN (for himself, Mr. to the bill S. 2845, supra; which was ordered on the table. BREAUX, Mr. LAUTENBERG, Mr. BIDEN, Mr. to lie on the table. SA 3843. Mr. BAYH submitted an amend- SCHUMER, Ms. SNOWE, Mr. HOLLINGS, Mr. SA 3883. Mr. SESSIONS submitted an ment intended to be proposed by him to the CARPER, Mrs. BOXER, Mrs. CLINTON, Mr. amendment intended to be proposed to bill S. 2845, supra; which was ordered to lie ROCKEFELLER, and Mr. DORGAN) submitted an amendment SA 3705 proposed by Ms. COLLINS on the table. amendment intended to be proposed by him (for herself, Mr. CARPER, and Mr. LIEBERMAN) SA 3844. Mr. BAYH submitted an amend- to the bill S. 2845, supra; which was ordered to the bill S. 2845, supra; which was ordered ment intended to be proposed by him to the to lie on the table. to lie on the table. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10077

SA 3884. Mr. SESSIONS submitted an SA 3907. Mr. REID (for Mr. LAUTENBERG) bill S. 2845, supra; which was ordered to lie amendment intended to be proposed to submitted an amendment intended to be pro- on the table. amendment SA 3705 proposed by Ms. COLLINS posed by Mr. REID to the bill S. 2845, supra; SA 3928. Mr. SESSIONS submitted an (for herself, Mr. CARPER, and Mr. LIEBERMAN) which was ordered to lie on the table. amendment intended to be proposed by him to the bill S. 2845, supra; which was ordered SA 3908. Mr. REED (for himself, Mr. SAR- to the bill S. 2845, supra; which was ordered to lie on the table. BANES, Mr. SCHUMER, Mrs. BOXER, and Mr. to lie on the table. SA 3885. Mr. BIDEN submitted an amend- CORZINE) submitted an amendment intended SA 3929. Mr. CORNYN submitted an ment intended to be proposed by him to the to be proposed by him to the bill S. 2845, amendment intended to be proposed by him bill S. 2845, supra; which was ordered to lie supra; which was ordered to lie on the table. to the bill S. 2845, supra; which was ordered on the table. SA 3909. Ms. SNOWE (for herself, Mr. ROB- to lie on the table. SA 3886. Mr. FEINGOLD submitted an ERTS, Ms. MIKULSKI, and Mrs. FEINSTEIN) SA 3930. Mr. MCCONNELL (for himself and amendment intended to be proposed by him submitted an amendment intended to be pro- Mr. CORNYN) submitted an amendment in- to the bill S. 2845, supra; which was ordered posed by her to the bill S. 2845, supra; which tended to be proposed by him to the bill S. to lie on the table. was ordered to lie on the table. 2845, supra; which was ordered to lie on the SA 3887. Mr. SCHUMER submitted an SA 3910. Ms. SNOWE submitted an amend- table. amendment intended to be proposed by him ment intended to be proposed by her to the SA 3931. Mr. MCCONNELL (for himself, Mr. to the bill S. 2845, supra. bill S. 2845, supra; which was ordered to lie SANTORUM, and Mr. CORNYN) submitted an SA 3888. Mr. SCHUMER submitted an on the table. amendment intended to be proposed by him amendment intended to be proposed by him SA 3911. Ms. SNOWE submitted an amend- to the bill S. 2845, supra; which was ordered to the bill S. 2845, supra. ment intended to be proposed by her to the to lie on the table. SA 3889. Mr. SCHUMER submitted an bill S. 2845, supra; which was ordered to lie SA 3932. Ms. SNOWE submitted an amend- amendment intended to be proposed by him on the table. ment intended to be proposed by her to the to the bill S. 2845, supra. SA 3912. Ms. SNOWE submitted an amend- bill S. 2845, supra; which was ordered to lie SA 3890. Mr. SCHUMER submitted an ment intended to be proposed by her to the on the table. amendment intended to be proposed by him bill S. 2845, supra; which was ordered to lie SA 3933. Ms. CANTWELL (for herself, Mr. to the bill S. 2845, supra. on the table. SESSIONS, Mr. SCHUMER, and Mr. KYL) sub- SA 3891. Mr. SCHUMER submitted an SA 3913. Mr. LEAHY submitted an amend- mitted an amendment intended to be pro- amendment intended to be proposed by him ment intended to be proposed by him to the posed by her to the bill S. 2845, supra; which to the bill S. 2845, supra. bill S. 2845, supra; which was ordered to lie was ordered to lie on the table. SA 3892. Mr. SCHUMER submitted an on the table. SA 3934. Mr. GREGG submitted an amend- amendment intended to be proposed by him SA 3914. Mr. LEAHY submitted an amendment intended to be proposed by him to the to the bill S. 2845, supra. ment intended to be proposed by him to the bill S. 2845, supra; which was ordered to lie SA 3893. Mr. SCHUMER submitted an bill S. 2845, supra; which was ordered to lie amendment intended to be proposed by him on the table. on the table. SA 3935. Mr. WARNER submitted an to the bill S. 2845, supra. SA 3915. Mr. LEAHY submitted an amend- amendment intended to be proposed by him SA 3894. Mr. SCHUMER submitted an ment intended to be proposed by him to the to the bill S. 2845, supra; which was ordered amendment intended to be proposed by him bill S. 2845, supra; which was ordered to lie to lie on the table. to the bill S. 2845, supra. on the table. SA 3936. Mr. HATCH submitted an amend- SA 3895. Mr. FRIST submitted an amend- SA 3916. Mr. LEAHY submitted an amendment intended to be proposed by him to the ment intended to be proposed by him to the ment intended to be proposed by him to the bill S. 2845, supra; which was ordered to lie bill S. 2845, supra; which was ordered to lie bill S. 2845, supra; which was ordered to lie on the table. on the table. on the table. SA 3896. Mr. FRIST submitted an amend- SA 3917. Mr. LEAHY (for himself and Mr. SA 3937. Mr. HATCH submitted an amendment intended to be proposed by him to the ment intended to be proposed by him to the GRASSLEY) submitted an amendment in- bill S. 2845, supra; which was ordered to lie tended to be proposed by him to the bill S. bill S. 2845, supra; which was ordered to lie on the table. 2845, supra; which was ordered to lie on the on the table. SA 3897. Mr. FRIST submitted an amend- table. SA 3938. Mr. HATCH (for himself and Mr. ment intended to be proposed by him to the SA 3918. Mr. LEAHY submitted an amend- KYL) submitted an amendment intended to bill S. 2845, supra; which was ordered to lie ment intended to be proposed by him to the be proposed by him to the bill S. 2845, supra; on the table. bill S. 2845, supra; which was ordered to lie which was ordered to lie on the table. SA 3898. Mr. FRIST submitted an amend- on the table. SA 3939. Mr. HARKIN submitted an amendment intended to be proposed by him to the SA 3919. Mr. LEAHY (for himself and Mr. ment intended to be proposed by him to the bill S. 2845, supra; which was ordered to lie GRASSLEY) submitted an amendment in- bill S. 2845, supra; which was ordered to lie on the table. tended to be proposed by him to the bill S. on the table. SA 3899. Mr. FRIST submitted an amend- 2845, supra; which was ordered to lie on the SA 3940. Mr. HATCH submitted an amendment intended to be proposed by him to the table. ment intended to be proposed by him to the bill S. 2845, supra; which was ordered to lie SA 3920. Mr. LEAHY (for himself and Mr. bill S. 2845, supra; which was ordered to lie on the table. GRASSLEY) submitted an amendment in- on the table. SA 3900. Mr. FRIST submitted an amend- tended to be proposed by him to the bill S. SA 3941. Mr. GRAHAM, of Florida sub- ment intended to be proposed by him to the 2845, supra; which was ordered to lie on the mitted an amendment intended to be pro- bill S. 2845, supra; which was ordered to lie table. posed by him to the bill S. 2845, supra; which on the table. SA 3921. Mr. LEAHY submitted an amend- was ordered to lie on the table. SA 3901. Mr. HOLLINGS submitted an ment intended to be proposed by him to the SA 3942. Mr. LIEBERMAN (for Mr. MCCAIN amendment intended to be proposed by him bill S. 2845, supra; which was ordered to lie (for himself, Mr. LIEBERMAN, and Mr. BAYH)) to the bill S. 2845, supra; which was ordered on the table. proposed an amendment to the bill S. 2845, to lie on the table. SA 3922. Mr. DURBIN submitted an amend- supra. SA 3902. Mr. CARPER submitted an amendment intended to be proposed by him to the SA 3943. Mr. INHOFE (for Mr. GREGG (for ment intended to be proposed by him to the bill S. 2845, supra; which was ordered to lie himself, Mr. HARKIN, Mr. KENNEDY, Mr. ENZI, bill S. 2845, supra; which was ordered to lie on the table. Mr. REED, Mr. DEWINE, Mrs. CLINTON, Mr. on the table. SA 3923. Mr. DURBIN (for himself, Mr. ROBERTS, Mr. BINGAMAN, Mrs. MURRAY, Mr. SA 3903. Mr. STEVENS (for himself, Mr. LEAHY, and Mr. SARBANES) submitted an DASCHLE, and Mr. DODD)) submitted an INOUYE, and Mr. WARNER) submitted an amendment intended to be proposed by him amendment intended to be proposed by Mr. amendment intended to be proposed by him to the bill S. 2845, supra; which was ordered INHOFE to the bill H.R. 4278, to amend the As- to the bill S. 2845, supra; which was ordered to lie on the table. sistive Technology Act of 1998 to support to lie on the table. SA 3924. Mr. ROBERTS (for himself and programs of grants to States to address the SA 3904. Mr. STEVENS (for himself and Mr. DEWINE) submitted an amendment in- assistive technology needs of individuals Mr. INOUYE) submitted an amendment intended to be proposed by him to the bill S. with disabilities, and for other purposes. tended to be proposed by him to the bill S. 2845, supra; which was ordered to lie on the SA 3944. Mr. INHOFE (for Mr. LEAHY (for 2845, supra; which was ordered to lie on the table. himself and Mr. HATCH)) proposed an amend- table. SA 3925. Mr. KYL submitted an amendment to the bill H.R. 2714, to reauthorize the SA 3905. Mr. LAUTENBERG submitted an ment intended to be proposed by him to the State Justice Institute. amendment intended to be proposed by him bill S. 2845, supra; which was ordered to lie f to the bill S. 2845, supra; which was ordered on the table. to lie on the table. SA 3926. Mr. KYL submitted an amend- TEXT OF AMENDMENTS SA 3906. Mr. MCCAIN (for himself, Mr. ment intended to be proposed by him to the Mr. GRAHAM of Florida LIEBERMAN, and Mr. BAYH) submitted an bill S. 2845, supra; which was ordered to lie SA 3794. amendment intended to be proposed by him on the table. submitted an amendment intended to to the bill S. 2845, supra; which was ordered SA 3927. Mr. INHOFE submitted an amend- be proposed by him to the bill S. 2845, to lie on the table. ment intended to be proposed by him to the to reform the intelligence community S10078 CONGRESSIONAL RECORD — SENATE September 30, 2004 and the intelligence and intelligence- On page 99, line 21, strike ‘‘(g)’’ and insert tect the Nation from terrorism, including related activities of the United States ‘‘(i)’’. the development and adoption of informa- Government, and for other purposes; tion sharing guidelines under section 205(g); Mr. HOLLINGS (for himself, which was ordered to lie on the table; SA 3795. (B) review the implementation of new and Mr. STEVENS, Mr. INOUYE, and Mr. existing legislation, regulations, and policies as follows: COCHRAN) submitted an amendment in- related to efforts to protect the Nation from On page 94, line 14, insert before the period tended to be proposed by him to the terrorism, including the implementation of the following: ‘‘, whether expressed in terms information sharing guidelines under section of geographic region, in terms of function, or bill S. 2845, to reform the intelligence community and the intelligence and 205(g); and in other terms’’. (C) advise the President and the depart- On page 95, line 3, insert after the period intelligence-related activities of the ments, agencies, and elements of the execu- the following: ‘‘Each notice on a center shall United States Government, and for tive branch to ensure that privacy and civil set forth the mission of such center, the area other purposes; as follows: liberties are appropriately considered in the of intelligence responsibility of such center, Strike all after the enacting clause and in- development and implementation of such and the proposed structure of such center.’’. sert the following: legislation, regulations, policies, and guide- On page 96, line 7, insert ‘‘of the center and lines. the personnel of the center’’ after ‘‘control’’. SECTION 1. NATIONAL INTELLIGENCE COORDI- On page 96, between lines 8 and 9, insert NATOR. (2) OVERSIGHT.—The Board shall contin- the following: (a) NATIONAL INTELLIGENCE COORDINATOR.— ually review— (5) If the Director of a national intel- There is a National Intelligence Coordinator (A) the regulations, policies, and proce- ligence center determines at any time that who shall be appointed by the President. dures, and the implementation of the regula- the authority, direction, and control of the (b) RESPONSIBILITY.—Subject to the directions, policies, and procedures, of the depart- Director over the center is insufficient to action and control of the President, the Na- ments, agencies, and elements of the execu- complish the mission of the center, the Di- tional Intelligence Coordinator shall have tive branch to ensure that privacy and civil rector shall promptly notify the National In- the responsibility for coordinating the per- liberties are protected; telligence Director of that determination. formance of all intelligence and intelligence- (B) the information sharing practices of On page 96, strike line 15 and all that fol- related activities of the United States Gov- the departments, agencies, and elements of lows through page 97, line 2, and insert the ernment, whether such activities are foreign the executive branch to determine whether following: or domestic. they appropriately protect privacy and civil (1) develop and unify a strategy for the col- (c) AVAILABILITY OF FUNDS.—Funds shall be liberties and adhere to the information shar- lection and analysis of all-source intel- available to the National Intelligence Coor- ing guidelines prescribed under section 205(g) ligence; dinator for the performance of the responsi- and to other governing laws, regulations, (2) integrate intelligence collection and bility of the Coordinator under subsection and policies regarding privacy and civil lib- analysis, both inside and outside the United (b) in the manner provided by law or as di- erties; and States; rected by the President. (C) other actions by the executive branch (3) develop interagency plans for the inte- (d) MEMBERSHIP ON NATIONAL SECURITY related to efforts to protect the Nation from gration of the collection and analysis of all- COUNCIL.—The National Intelligence Coordi- terrorism to determine whether such ac- source intelligence, which plans shall— nator shall be a member of the National Se- tions— (A) involve more than one department, curity Council. (i) appropriately protect privacy and civil agency, or element of the executive branch (e) SUPPORT.—(1) Any official, office, pro- liberties; and (unless otherwise directed by the President); gram, project, or activity of the Central In- (ii) are consistent with governing laws, and telligence Agency as of the date of the enact- regulations, and policies regarding privacy (B) include the mission, objectives to be ment of this Act that supports the Director and civil liberties. of Central Intelligence in the performance of achieved, courses of action, coordination of (3) TESTIMONY.—The Members of the Board agencies operational activities, parameters responsibilities and authorities as the head shall appear and testify before Congress upon for such courses of action, recommendations of the intelligence community shall, after request. that date, support the National Intelligence for operational plans, and assignment of de- (e) REPORTS.— partmental or agency responsibilities; Coordination in the performance of the responsibility of the Coordinator under sub- (1) IN GENERAL.—The Board shall periodi- (4) ensure that the collection of all-source cally submit, not less than semiannually, re- intelligence and the conduct of operations section (b). (2) Any powers and authorities of the Di- ports— are informed by the analysis of all-source in- rector of Central Intelligence under statute, (A)(i) to the appropriate committees of telligence; and Congress, including the Committees on the On page 99, between lines 20 and 21, insert Executive order, regulation, or otherwise as of the date of the enactment of this Act that Judiciary of the Senate and the House of the following: Representatives, the Committee on Govern- (g) REVIEW AND MODIFICATION OF CEN- relate to the performance by the Director of mental Affairs of the Senate, the Committee TERS.—(1) Not less often than once each responsibilities and authorities as the head on Government Reform of the House of Rep- year, the National Intelligence Director of the intelligence community shall, after resentatives, the Select Committee on Intel- shall review the area of intelligence respon- that date, have no further force and effect. ligence of the Senate, and the Permanent Se- sibility assigned to each national intel- (f) ACCOUNTABILITY.—The National Intel- lect Committee on Intelligence of the House ligence center under this section in order to ligence Coordinator shall report directly to of Representatives; and determine whether or not such area of re- the President regarding the performance of (ii) to the President; and sponsibility continues to meet intelligence the responsibility of the Coordinator under (B) which shall be in unclassified form to priorities established by the National Secu- subsection (b), and shall be accountable to the greatest extent possible, with a classified rity Council. the President regarding the performance of annex where necessary. (2) Not less often than once each year, the such responsibility. (2) CONTENTS.—Not less than 2 reports sub- National Intelligence Director shall review mitted each year under paragraph (1)(B) the staffing and management of each na- SA 3796. Mr. KYL (for himself, Mr. shall include— tional intelligence center under this section CHAMBLISS, and Mr. DOMENICI) sub- (A) a description of the major activities of in order to determine whether or not such mitted an amendment intended to be the Board during the preceding period; and staffing or management remains appropriate proposed by him to the bill S. 2845, to (B) information on the findings, conclu- for the accomplishment of the mission of reform the intelligence community and sions, and recommendations of the Board re- such center. the intelligence and intelligence-resulting from its advice and oversight func- (3) The National Intelligence Director may lated activities of the United States tions under subsection (d). at any time recommend to the President a Government, and for other purposes; modification of the area of intelligence re- (f) ACCESS TO INFORMATION.— sponsibility assigned to a national intel- which was ordered to lie on the table; (1) AUTHORIZATION.—If determined by the ligence center under this section. The Na- as follows: Board to be necessary to carry out its re- tional Intelligence Director shall make any On page 52, strike beginning with line 21 sponsibilities under this section, the Board is such recommendation through, and with the through page 56, line 8. authorized to— approval of, the National Security Council. On page 154, strike beginning with line 8 (A) have access from any department, (h) SEPARATE BUDGET ACCOUNT.—The Na- through page 160, line 11 and insert the fol- agency, or element of the executive branch, tional Intelligence Director shall, in accord- lowing: or any Federal officer or employee, to all rel- ance with procedures to be issued by the Di- (d) FUNCTIONS.— evant records, reports, audits, reviews, docu- rector in consultation with the congressional (1) ADVICE AND COUNSEL ON POLICY DEVELOP- ments, papers, recommendations, or other intelligence committees, include in the Na- MENT AND IMPLEMENTATION.—The Board relevant material, including classified infor- tional Intelligence Program budget a sepa- shall— mation consistent with applicable law; rate account for each national intelligence (A) review proposed legislation, regula- (B) interview, take statements from, or center under this section. tions, and policies related to efforts to pro- take public testimony from personnel of any September 30, 2004 CONGRESSIONAL RECORD — SENATE S10079 department, agency, or element of the execu- (3) The National Intelligence Director may SA 3801. Mr. KYL (for himself and tive branch, or any Federal officer or em- at any time recommend to the President a Mr. CHAMBLISS) proposed an amend- ployee; and modification of the area of intelligence re- ment to the bill S. 2845, to reform the (C) request information or assistance from sponsibility assigned to a national intel- intelligence community and the intel- any State, tribal, or local government. ligence center under this section. The Na- (2) AGENCY COOPERATION.—Whenever infor- tional Intelligence Director shall make any ligence and intelligence-related activi- mation or assistance requested under sub- such recommendation through, and with the ties of the United States Government, paragraph (A) or (B) of paragraph (1) is, in approval of, the National Security Council. and for other purposes; as follows: the judgment of the Board, unreasonably re- (h) SEPARATE BUDGET ACCOUNT.—The Na- On page 52, strike beginning with line 21 fused or not provided, the Board may submit tional Intelligence Director shall, in accord- through page 56, line 8. a request directly to the head of the depart- ance with procedures to be issued by the Di- On page 154, strike beginning with line 8 ment, agency, or element concerned. rector in consultation with the congressional through page 160, line 11 and insert the fol- On page 164, strike beginning with line 21 intelligence committees, include in the Na- lowing: tional Intelligence Program budget a sepa- through page 170, line 8. (d) FUNCTIONS.— rate line item for each national intelligence (1) ADVICE AND COUNSEL ON POLICY DEVELOP- SA 3797. Mr. GRAHAM of Florida center under this section. MENT AND IMPLEMENTATION.—The Board On page 99, line 21, strike ‘‘(g)’’ and insert proposed an amendment to the bill S. shall— ‘‘(i)’’. 2845, to reform the intelligence commu- (A) review proposed legislation, regula- nity and the intelligence and intel- SA 3798. Mr. COLEMAN submitted an tions, and policies related to efforts to pro- ligence-related activities of the United amendment intended to be proposed by tect the Nation from terrorism, including States Government, and for other pur- the development and adoption of informa- him to the bill S. 2845, to reform the in- poses; as follows: tion sharing guidelines under section 205(g); telligence community and the intel- On page 94, line 14, insert before the period (B) review the implementation of new and the following: ‘‘, whether expressed in terms ligence and intelligence-related activi- existing legislation, regulations, and policies of geographic region, in terms of function, or ties of the United States Government, related to efforts to protect the Nation from in other terms’’. and for other purposes; which was or- terrorism, including the implementation of On page 95, line 3, insert after the period dered to lie on the table; as follows: information sharing guidelines under section the following: ‘‘Each notice on a center shall At the appropriate place, insert the fol- 205(g); and set forth the mission of such center, the area lowing: (C) advise the President and the departments, agencies, and elements of the execu- of intelligence responsibility of such center, SEC. ll. URBAN AREA COMMUNICATIONS CAPA- and the proposed structure of such center.’’. BILITIES. tive branch to ensure that privacy and civil On page 96, line 7, insert ‘‘of the center and Section 510 of the Homeland Security Act liberties are appropriately considered in the the personnel of the center’’ after ‘‘control’’. of 2002, as added by this Act, is amended by development and implementation of such On page 96, between lines 8 and 9, insert inserting ‘‘, and shall have appropriate and legislation, regulations, policies, and guide- the following: timely access to the Information Sharing lines. (5) If the Director of a national intel- Network described in section 206(c) of the (2) OVERSIGHT.—The Board shall contin- ligence center determines at any time that National Intelligence Reform Act of 2004’’ ually review— the authority, direction, and control of the (A) the regulations, policies, and proce- Director over the center is insufficient to ac- after ‘‘each other in the event of an emergency’’. dures, and the implementation of the regula- complish the mission of the center, the Di- tions, policies, and procedures, of the depart- rector shall promptly notify the National In- SA 3799. Mr. COLEMAN submitted an ments, agencies, and elements of the execu- telligence Director of that determination. tive branch to ensure that privacy and civil On page 97, between lines 2 and 3 insert the amendment intended to be proposed by liberties are protected; following: him to the bill S. 2845, to reform the in- (B) the information sharing practices of (5) develop and unify strategy for the col- telligence community and the intel- the departments, agencies, and elements of lection and analysis of all-source intelligence and intelligence-related activi- the executive branch to determine whether ligence; ties of the United States Government, they appropriately protect privacy and civil (6) integrate intelligence collection and and for other purposes; which was or- liberties and adhere to the information shar- analysis, both inside and outside the United dered to lie on the table; as follows: ing guidelines prescribed under section 205(g) States; and to other governing laws, regulations, (7) at the discretion of the NID develop On page 137, line 20, strike ‘‘and’’ and all and policies regarding privacy and civil lib- interagency plans for the collection of all- that follows through ‘‘(9)’’ on line 21, and in- erties; and source intelligence, which plans shall— sert the following: (C) other actions by the executive branch (A) involve more than one department, (9) an estimate of training requirements related to efforts to protect the Nation from agency, or element of the executive branch needed to ensure that the Network will be terrorism to determine whether such ac- (unless otherwise directed by the President); adequately implemented and property uti- tions— and lized; (i) appropriately protect privacy and civil (B) include the mission, objectives to be (10) an analysis of the cost to State, tribal, liberties; and achieved, courses of action, parameters for and local governments and private sector en- (ii) are consistent with governing laws, such courses of action, coordination of agen- tities for equipment and training needed to regulations, and policies regarding privacy cies intelligence collection activities, rec- effectively utilize the Network; and and civil liberties. ommendations for intelligence collection (11) (3) TESTIMONY.—The Members of the Board plans, and assignment of departmental or SA 3800. Mr. COLEMAN submitted an shall appear and testify before Congress upon agency responsibilities; request. (4) ensure that the collection of all-source amendment intended to be proposed by (e) REPORTS.— intelligence and the conduct of operations him to the bill S. 2845, to reform the in- (1) IN GENERAL.—The Board shall periodi- are informed by the analysis of all-source intelligence community and the intel- cally submit, not less than semiannually, re- telligence; and ligence and intelligence-related activi- On page 99, between lines 20 and 21, insert ports— ties of the United States Government, (A)(i) to the appropriate committees of the following: and for other purposes; which was or- (g) REVIEW AND MODIFICATION OF CEN- Congress, including the Committees on the dered to lie on the table; as follows: TERS.—(1) Not less often than once each Judiciary of the Senate and the House of year, the National Intelligence Director At the appropriate place insert the fol- Representatives, the Committee on Govern- shall review the area of intelligence respon- lowing: mental Affairs of the Senate, the Committee sibility assigned to each national intel- Congress makes the following finding: (1) on Government Reform of the House of Rep- ligence center under this section in order to The United States needs to implement the resentatives, the Select Committee on Intel- determine whether or not such area of re- recommendations of the National Commis- ligence of the Senate, and the Permanent Se- sponsibility continues to meet intelligence sion on Terrorist Attacks Upon the United lect Committee on Intelligence of the House priorities established by the National Secu- States to adopt a unified incident command of Representatives; and rity Council. system and significantly enhance commu- (ii) to the President; and (2) Not less often than once each year, the nications connectivity between and among (B) which shall be in unclassified form to National Intelligence Director shall review civilian authorities, local first responders, the greatest extent possible, with a classified the staffing and management of each na- and the National Guard. The unified incident annex where necessary. tional intelligence center under this section command system should enable emergency (2) CONTENTS.—Not less than 2 reports sub- in order to determine whether or not such managers and first responders to manage, mitted each year under paragraph (1)(B) staffing or management remains appropriate generate, receive, evaluate, share, and use shall include— for the accomplishment of the mission of information in the event of a terrorist at- (A) a description of the major activities of such center. tack or a significant national disaster. the Board during the preceding period; and S10080 CONGRESSIONAL RECORD — SENATE September 30, 2004 (B) information on the findings, conclu- vests or terminates its business with the ported or moved across an international sions, and recommendations of the Board re- government or person identified by such ac- boundary, knowing that such transportation sulting from its advice and oversight function within 90 days after the date of enact- or moving is part of such alien’s effort to tions under subsection (d). ment of this Act. enter or attempt to enter the United States (f) ACCESS TO INFORMATION.— (2) ACTIONS AFTER DATE OF ENACTMENT.—In without prior official authorization;’’; and (1) AUTHORIZATION.—If determined by the any case in which the President takes action (B) in subparagraph (B)— Board to be necessary to carry out its re- under the International Emergency Eco- (i) in clause (i)— sponsibilities under this section, the Board is nomic Powers Act on or after the date of en- (I) by striking ‘‘or (v)(I)’’ and inserting ‘‘, authorized to— actment of this Act, the provisions of sub- (v)(I), or (vi)’’; and (A) have access from any department, section (a) shall not apply to a United States (II) by striking ‘‘10 years’’ and inserting agency, or element of the executive branch, person (or other person) if such person di- ‘‘20 years’’; or any Federal officer or employee, to all rel- vests or terminates its business with the (ii) in clause (ii), by striking ‘‘5 years’’ and evant records, reports, audits, reviews, docu- government or person identified by such ac- inserting ‘‘10 years’’; and ments, papers, recommendations, or other tion within 90 days after the date of such ac- (iii) in clause (iii), by striking ‘‘20 years’’ relevant material, including classified infor- tion. and inserting ‘‘35 years’’; mation consistent with applicable law; SEC. ll. NOTIFICATION OF CONGRESS OF TER- (2) in paragraph (2)— (B) interview, take statements from, or MINATION OF INVESTIGATION BY (A) in the matter preceding subparagraph take public testimony from personnel of any OFFICE OF FOREIGN ASSETS CON- (A)— department, agency, or element of the execu- TROL. (i) by inserting ‘‘, or facilitates or at- tive branch, or any Federal officer or em- (a) NOTIFICATION REQUIREMENT.—The Office tempts to facilitate the bringing or trans- ployee; and of Federal Procurement Policy Act (41 U.S.C. porting,’’ after ‘‘attempts to bring’’; and (C) request information or assistance from 403 et seq.) is amended by adding at the end (ii) by inserting ‘‘and regardless of whether any State, tribal, or local government. the following new section: the person bringing or attempting to bring (2) AGENCY COOPERATION.—Whenever infor- ‘‘Sec. 42. Notification of Congress of termi- such alien to the United States intended to mation or assistance requested under sub- nation of investigation by Of- violate any criminal law,’’ after ‘‘with re- paragraph (A) or (B) of paragraph (1) is, in fice of Foreign Assets Con- spect to such alien’’; and the judgment of the Board, unreasonably re- trol.’’. (B) in subparagraph (B)— (i) in clause (ii), by striking ‘‘, or’’ and in- fused or not provided, the Board may submit ‘‘The Director of the Office of Foreign As- serting a semicolon; a request directly to the head of the depart- sets Control shall notify Congress upon the (ii) in clause (iii), by striking the comma ment, agency, or element concerned. termination of any investigation by the Of- at the end and inserting ‘‘; or’’; On page 164, strike beginning with line 21 fice of Foreign Assets Control of the Depart- (iii) by inserting after clause (iii), the fol- through page 170, line 8. ment of the Treasury if any sanction is im- lowing: posed by the Director of such office as a re- ‘‘(iv) an offense committed with knowledge SA 3802. Mr. LAUTENBERG (for him- sult of the investigation.’’. self, Mrs. CLINTON, Mr. FEINGOLD, and or reason to believe that the alien unlaw- fully brought to or into the United States Mr. CORZINE) submitted an amendment SA 3838. Mr. CORNYN submitted an intended to be proposed by him to the has engaged in or intends to engage in ter- amendment intended to be proposed by rorist activity (as defined in section bill S. 2845, to reform the intelligence him to the bill S. 2845, to reform the in- 212(a)(3)(B)(iv)),’’; and community and the intelligence and telligence community and the intel- (iv) in the matter following clause (iv), as intelligence-related activities of the ligence and intelligence-related activi- added by this subparagraph, by striking ‘‘3 United States Government, and for ties of the United States Government, nor more than 10 years’’ and inserting ‘‘5 other purposes; as follows: and for other purposes; which was or- years nor more than 20 years’’; and At the appropriate place, insert the fol- dered to lie on the table; as follows: (3) in paragraph (3)(A), by striking ‘‘5 lowing: years’’ and inserting ‘‘10 years’’. At the end of the bill, add the following: SEC. 403. AMENDMENT TO SENTENCING GUIDE- SEC. ll. TERRORIST FINANCING. TITLE IV—HUMAN SMUGGLING PENALTY LINES RELATING TO ALIEN SMUG- (a) CLARIFICATION OF CERTAIN ACTIONS ENHANCEMENT GLING OFFENSES. UNDER IEEPA.—In any case in which the (a) DIRECTIVE TO UNITED STATES SEN- SEC. 401. SHORT TITLE. President takes action under the Inter- TENCING COMMISSION.—Pursuant to its au- national Emergency Economic Powers Act This title may be cited as the ‘‘Human thority under section 994(p) of title 18, (50 U.S.C. 1701 et seq.) to prohibit a United Smuggling Penalty Enhancement Act of United States Code, and in accordance with States person from engaging in transactions 2004’’. this section, the United States Sentencing with a foreign country, where a determina- SEC. 402. ENHANCED PENALTIES FOR ALIEN Commission shall review and, as appropriate, tion has been made by the Secretary of State SMUGGLING. amend the Federal Sentencing Guidelines that the government of that country has re- Section 274(a) of the Immigration and Na- and related policy statements to implement peatedly provided support for acts of inter- tionality Act (8 U.S.C. 1324(a)) is amended— the provisions of this title. national terrorism, such action shall apply (1) in paragraph (1)— (b) REQUIREMENTS.—In carrying out this to any foreign subsidiaries or affiliate, in- (A) in subparagraph (A)— section, the United States Sentencing Com- cluding any permanent foreign establish- (i) in clause (i)— mission shall— ment of that United States person, that is (I) by striking ‘‘knowing that a person is (1) ensure that the Sentencing Guidelines controlled in fact by that United States per- an alien, brings’’ and inserting ‘‘knowing or and Policy Statements reflect— son. in reckless disregard of the fact that a per- (A) the serious nature of the offenses and (b) DEFINITIONS.—In this section: son is an alien, brings’’; penalties referred to in this title; (1) CONTROLLED IN FACT.—The term ‘‘is con- (II) by striking ‘‘Commissioner’’ and in- (B) the growing incidence of alien smug- trolled in fact’’ includes— serting ‘‘Under Secretary for Border and gling offenses; and (A) in the case of a corporation, holds at Transportation Security’’; and (C) the need to deter, prevent, and punish least 50 percent (by vote or value) of the cap- (III) by inserting ‘‘and regardless of wheth- such offenses; ital structure of the corporation; and er the person bringing or attempting to (2) consider the extent to which the Sen- (B) in the case of any other kind of legal bring such alien to the United States in- tencing Guidelines and Policy Statements entity, holds interests representing at least tended to violate any criminal law’’ before adequately address whether the guideline of- 50 percent of the capital structure of the en- the semicolon; fense levels and enhancements for violations tity. (ii) in clause (iv), by striking ‘‘or’’ at the of the sections amended by this title— (2) UNITED STATES PERSON.—The term end; (A) sufficiently deter and punish such of- ‘‘United States person’’ includes any United (iii) in clause (v)— fenses; and States citizen, permanent resident alien, en- (I) in subclause (I), by striking ‘‘, or’’ and (B) adequately reflect the enhanced pen- tity organized under the law of the United inserting a semicolon; alties established under this title; States (including foreign branches), wher- (II) in subclause (II), by striking the (3) maintain reasonable consistency with ever located, or any other person in the comma and inserting ‘‘; or’’; and other relevant directives and sentencing United States. (III) by inserting after subclause (II) the guidelines; (c) APPLICABILITY.— following: (4) account for any additional aggravating (1) IN GENERAL.—In any case in which the ‘‘(III) attempts to commit any of the pre- or mitigating circumstances that might jus- President has taken action under the Inter- ceding acts; or’’; and tify exceptions to the generally applicable national Emergency Economic Powers Act (iv) by inserting after clause (v) the fol- sentencing ranges; and such action is in effect on the date of en- lowing: (5) make any necessary conforming actment of this Act, the provisions of sub- ‘‘(vi) knowing or in reckless disregard of changes to the Sentencing Guidelines; and section (a) shall not apply to a United States the fact that a person is an alien, causes or (6) ensure that the Sentencing Guidelines person (or other person) if such person di- attempts to cause such alien to be trans- adequately meet the purposes of sentencing September 30, 2004 CONGRESSIONAL RECORD — SENATE S10081 under section 3553(a)(2) of title 18, United basis a report that sets forth the results of and standards as the Commission considers States Code. its competitive evaluations of intelligence necessary for the acquisition, possession, analysis under this section during the pre- transfer, use, or disposal of byproduct mate- SA 3804. Mr. KYL submitted an ceding year. rial (as defined in paragraphs (3) and (4) of amendment intended to be proposed by On page 172, line 2, insert ‘‘AND OFFICE section 11e. of the Atomic Energy Act of 1954 him to the bill S. 2845, to reform the in- OF COMPETITIVE ANALYSIS’’ before the pe- (as added by subsection (a))). riod. (2) COOPERATION.—The Commission shall telligence community and the intel- On page 172, line 5, insert ‘‘or the Director ligence and intelligence-related activi- cooperate with the States in formulating the of the Office of Competitive Analysis’’ after regulations under paragraph (1). ties of the United States Government, ‘‘National Counterterrorism Center’’. (3) TRANSITION.—To ensure an orderly tran- and for other purposes; which was or- On page 172, beginning on line 23, strike sition of regulatory authority with respect dered to lie on the table; as follows: ‘‘and the Director of a national intelligence to byproduct material as defined in para- On page 100, between lines 3 and 4, insert center’’ and insert ‘‘the Director of a na- graphs (3) and (4) of section 11e. of the Atom- the following: tional intelligence center, and the Director ic Energy Act of 1954 (as added by subsection of the Office of Competitive Analysis’’. SEC. 145. OFFICE OF COMPETITIVE ANALYSIS. (a)), not later than 180 days before the effective date of this section, the Nuclear Regu- (a) OFFICE OF COMPETITIVE ANALYSIS.— SA 3805. Mrs. CLINTON submitted an There is within the National Intelligence Au- latory Commission shall prepare and provide amendment intended to be proposed by public notice of a transition plan developed thority an Office of Competitive Analysis. her to the bill S. 2845, to reform the in- (b) DIRECTOR OF OFFICE OF COMPETITIVE in coordination with States that— ANALYSIS.—(1) There is a Director of the Of- telligence community and the intel- (A) have not, before the effective date of fice of Competitive Analysis, who shall be ligence and intelligence-related activi- this section, entered into an agreement with the head of the Office of Competitive Anal- ties of the United States Government, the Commission under section 274b. of the ysis, and who shall be appointed by the and for other purposes; which was or- Atomic Energy Act of 1954 (42 U.S.C. 2021(b)); President, by and with the advice and con- dered to lie on the table; as follows: or sent of the Senate. (B) in the case of a State that has entered At the appropriate place, insert the fol- into such an agreement, has not, before the (2) Any individual nominated for appoint- lowing: ment as Director of the Office of Competitive effective date of this section, applied for an SEC. lll. TREATMENT OF ACCELERATOR-PRO- Analysis shall have significant expertise in amendment to the agreement that would DUCED AND OTHER RADIOACTIVE permit assumption by the State of regu- matters relating to United States foreign MATERIAL AS BYPRODUCT MATE- and defense policy and in matters relating to RIAL. latory responsibility for such byproduct material. terrorism that threatens the national secu- (a) DEFINITION OF BYPRODUCT MATERIAL.— rity of the United States. Section 11e. of the Atomic Energy Act of 1954 (d) WASTE DISPOSAL.— (3) An individual serving as Director of the (42 U.S.C. 2014(e)) is amended— (1) DEFINITION OF BYPRODUCT MATERIAL.—In Office of Competitive Analysis may not, (1) by striking ‘‘means (1) any radioactive’’ this subsection, the term ‘‘byproduct mate- while so serving, serve in any capacity in and inserting ‘‘means— rial’’ has the meaning given the term in any other element of the intelligence com- ‘‘(1) any radioactive’’; paragraphs (3) and (4) of section 11e. of the munity. (2) by striking ‘‘material, and (2) the Atomic Energy Act of 1954 (as added by sub- (c) MISSION.—The primary mission of the tailings’’ and inserting ‘‘material; section (a)). Office of Competitive Analysis shall be as ‘‘(2) the tailings’’; and (2) IN GENERAL.—Beginning on the date of follows: (3) by striking ‘‘content.’’ and inserting enactment of this Act, except as provided in (1) To conduct detailed competitive evalua- ‘‘content; paragraph (3), byproduct material may be tions of intelligence analysis (focusing on ‘‘(3)(A) any discrete source of radium-226 transferred to and disposed of— priorities identified by the National Intel- that is produced, extracted, or converted (A) in a disposal facility licensed by the ligence Director, in consultation with the after extraction, before, on, or after the date Commission, if the disposal facility meets President) of— of enactment of this paragraph, for use in a the requirements of the Commission; or (A) the National Intelligence Council; commercial, medical, or research activity; or (B) in a disposal facility licensed by a (B) the elements of the intelligence com- ‘‘(B) any material that— State that has entered into an agreement munity within the National Intelligence Pro- ‘‘(i) has been made radioactive by use of a with the Commission under section 274b. of gram; and particle accelerator; and the Atomic Energy Act of 1954 (42 U.S.C. (C) to the extent involving the analysis of ‘‘(ii) is produced, extracted, or converted 2021(b)), if the disposal facility meets re- national intelligence, other elements of the after extraction, before, on, or after the date quirements of the State that are equivalent intelligence community. of enactment of this paragraph, for use in a to the requirements of the Commission. (2) To conduct such additional competitive commercial, medical, or research activity; (3) RCRA.—Byproduct material may be dis- analysis as the Director of the Office of Com- and posed of in accordance with the Solid Waste petitive Analysis considers appropriate. ‘‘(4) any discrete source of naturally occur- Disposal Act (42 U.S.C. 6901 et seq.) to the (d) STAFF.—(1) To assist the Director of the ring radioactive material, other than source same extent as the byproduct material was Office of Competitive Analysis in fulfilling material that— subject to that Act before the date of enact- the duties and responsibilities of the Direc- ‘‘(A) the Nuclear Regulatory Commission ment of this section. tor under this section, the National Intel- determines (after consultation with the Ad- (4) NOT CONSIDERED LOW-LEVEL RADIOACTIVE ligence Director shall employ in the Office of ministrator of the Environmental Protection WASTE.—Byproduct material shall not be Competitive Analysis a professional staff Agency, the Secretary of Energy, the Sec- considered low-level radioactive waste— having an expertise in matters relating to retary of Homeland Security, and the head of (A) as defined in section 2 of the Low-Level such duties and responsibilities. any other appropriate Federal agency), Radioactive Waste Policy Act (42 U.S.C. (2) In providing for a professional staff for would pose a threat similar to that posed by 2021b); or the Office under paragraph (1), the National a discrete source of radium-226 to the public (B) in implementing any Compact— Intelligence Director may establish as posi- health and safety or the common defense and (1) entered into in accordance with the tions in the excepted service such positions security; and Low-Level Radioactive Waste Policy Act (42 in the Office as the National Intelligence Di- ‘‘(B) before, on, or after the date of enact- U.S.C. 2021b et seq.); and rector considers appropriate. ment of this paragraph, is extracted or con- (ii) approved by Congress. (3) The National Intelligence Director shall verted after extraction, for use in a commer- (e) EFFECTIVE DATE.—Except with respect ensure that the analytical staff of the Office cial, medical, or research activity.’’. to matters that the Nuclear Regulatory is comprised primarily of experts from ele- (b) AGREEMENTS.—Section 274b. of the Commission determines are required to be ments in the intelligence community and Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) addressed earlier to protect the public health from the private sector as he deems appro- is amended— and safety or to promote the common de- priate. (1) by redesignating paragraphs (3) and (4) fense and security, the amendments made by (e) ACCESS TO INFORMATION.—In order to as paragraphs (5) and (6), respectively; and this section take effect on the date that is— carry out the duties under this section, the (2) by inserting after paragraph (2) the fol- (1) with respect to imports and exports, 1 Office of Competitive Analysis shall, unless lowing: year after the date of enactment of this Act; otherwise directed by the President, have ac- ‘‘(3) byproduct materials (as defined in sec- and cess to all analytic products, field reports, tion 11e.(3)); (2) with respect to domestic matters, 4 and raw intelligence of any element of the ‘‘(4) byproduct materials (as defined in sec- years after the date of enactment of this intelligence community. tion 11e.(4));’’. Act. (f) REPORTS.—Not later than January 31 (c) REGULATIONS.— each year, the Director of the Office of Com- (1) IN GENERAL.—Not later than the effec- petitive Analysis shall submit to the Na- tive date of this section, the Nuclear Regu- SA 3806. Mr. MCCAIN (for himself and tional Intelligence Director and the congres- latory Commission shall promulgate final Mr. LIEBERMAN) proposed an amend- sional intelligence committees on an annual regulations establishing such requirements ment to the bill S. 2845, to reform the S10082 CONGRESSIONAL RECORD — SENATE September 30, 2004 intelligence community and the intel- (3) COMPLETION DATE.—Necessary back- (2) ACCOUNTABILITY.—The strategy sub- ligence and intelligence-related activi- ground investigations and eligibility deter- mitted under paragraph (1) shall— ties of the United States Government, minations to permit appropriate prospective (A) describe a program for collecting, ana- and for other purposes; as follows: transition team members to have access to lyzing, disseminating, and utilizing informa- classified information shall be completed, to tion and intelligence regarding terrorist At the end of the bill, add the following: the fullest extent practicable, by the day travel tactics and methods; and TITLE ll—PRESIDENTIAL TRANSITION after the date of the general election. (B) outline which Federal intelligence, dip- SEC. ll01. PRESIDENTIAL TRANSITION. (d) EFFECTIVE DATE.—Notwithstanding sec- lomatic, and law enforcement agencies will (a) SERVICES PROVIDED PRESIDENT-ELECT.— tion 341, this section and the amendments be held accountable for implementing each Section 3 of the Presidential Transition Act made by this section shall take effect on the element of the strategy. of 1963 (3 U.S.C. 102 note) is amended— date of enactment of this Act. (3) COORDINATION.—The strategy shall be (1) by adding after subsection (a)(8)(A)(iv) developed in coordination with all relevant the following: SA 3807. Mr. MCCAIN (for himself and Federal agencies, including— ‘‘(v) Activities under this paragraph shall Mr. LEIBERMAN) proposed an amend- (A) the National Counterterrorism Center; include the preparation of a detailed classi- ment to the bill S. 2845, to reform the (B) the Department of Transportation; fied, compartmented summary by the rel- intelligence community and the intel- (C) the Department of State; evant outgoing executive branch officials of ligence and intelligence-related activi- (D) the Department of the Treasury; specific operational threats to national secu- ties of the United States Government, (E) the Department of Justice; rity; major military or covert operations; and for other purposes; as follows: (F) the Department of Defense; and pending decisions on possible uses of (G) the Federal Bureau of Investigation; At the appropriate place, insert the fol- military force. This summary shall be pro- (H) the Drug Enforcement Agency; and lowing: vided to the President-elect as soon as pos- (I) the agencies that comprise the intel- ll sible after the date of the general elections TITLE —TERRORIST TRAVEL AND EFFECTIVE ligence community. held to determine the electors of President SCREENING ll (4) CONTENTS.—The strategy shall ad- and Vice President under section 1 or 2 of SEC. 01. COUNTERTERRORIST TRAVEL INTEL- LIGENCE. dress— title 3, United States Code.’’; (a) FINDINGS.—Consistent with the report (A) the intelligence and law enforcement (2) by redesignating subsection (f) as sub- of the National Commission on Terrorist At- collection, analysis, operations, and report- section (g); and tacks Upon the United States, Congress ing required to identify and disrupt terrorist (3) by adding after subsection (e) the fol- makes the following findings: travel practices and trends, and the terrorist lowing: (1) Travel documents are as important to travel facilitators, document forgers, human ‘‘(f)(1) The President-elect should submit terrorists as weapons since terrorists must smugglers, travel agencies, and corrupt bor- to the Federal Bureau of Investigation or travel clandestinely to meet, train, plan, der and transportation officials who assist other appropriate agency and then, upon case targets, and gain access to attack sites. terrorists; taking effect and designation, to the agency (2) International travel is dangerous for (B) the initial and ongoing training and designated by the President under section training materials required by consular, bor- 115(b) of the National Intelligence Reform terrorists because they must surface to pass der, and immigration officials to effectively Act of 2004, the names of candidates for high through regulated channels, present them- detect and disrupt terrorist travel described level national security positions through the selves to border security officials, or at- under subsection (c)(3); level of undersecretary of cabinet depart- tempt to circumvent inspection points. (C) the new procedures required and ac- ments as soon as possible after the date of (3) Terrorists use evasive, but detectable, tions to be taken to integrate existing the general elections held to determine the methods to travel, such as altered and coun- electors of President and Vice President terfeit passports and visas, specific travel counterterrorist travel and mobility intel- under section 1 or 2 of title 3, United States methods and routes, liaisons with corrupt ligence into border security processes, in- Code. government officials, human smuggling net- cluding consular, port of entry, border pa- ‘‘(2) The responsible agency or agencies works, supportive travel agencies, and immi- trol, maritime, immigration benefits, and re- shall undertake and complete as expedi- gration and identity fraud. lated law enforcement activities; tiously as possible the background investiga- (4) Before September 11, 2001, no Federal (D) the actions required to integrate cur- tions necessary to provide appropriate secu- agency systematically analyzed terrorist rent terrorist mobility intelligence into rity clearances to the individuals who are travel strategies. If an agency had done so, military force protection measures; candidates described under paragraph (1) be- the agency could have discovered the ways in (E) the additional assistance to be given to fore the date of the inauguration of the which the terrorist predecessors to al Qaeda the interagency Human Smuggling and Traf- President-elect as President and the inau- had been systematically, but detectably, ex- ficking Center for purposes of combatting guration of the Vice-President-elect as Vice ploiting weaknesses in our border security terrorist travel, including further developing President.’’. since the early 1990s. and expanding enforcement and operational (b) SENSE OF THE SENATE REGARDING EXPE- (5) Many of the hijackers were potentially capabilities that address terrorist travel; DITED CONSIDERATION OF NATIONAL SECURITY vulnerable to interception by border authori- (F) the additional resources to be given to NOMINEES.—It is the sense of the Senate ties. Analyzing their characteristic travel the Department of Homeland Security to aid that— documents and travel patterns could have al- in the sharing of information between the (1) the President-elect should submit the lowed authorities to intercept some of the frontline border agencies of the Department nominations of candidates for high-level na- hijackers and a more effective use of infor- of Homeland Security, the Department of tional security positions, through the level mation available in Government databases State, and classified and unclassified sources of undersecretary of cabinet departments, to could have identified some of the hijackers. of counterterrorist travel intelligence and the Senate by the date of the inauguration of (6) The routine operations of our immigra- information elsewhere in the Federal Gov- the President-elect as President; and tion laws and the aspects of those laws not ernment, including the Human Smuggling (2) for all such national security nominees specifically aimed at protecting against ter- and Trafficking Center; received by the date of inauguration, the rorism inevitably shaped al Qaeda’s planning (G) the development and implementation Senate committees to which these nomina- and opportunities. of procedures to enable the Human Smug- tions are referred should, to the fullest ex- (7) New insights into terrorist travel gling and Trafficking Center to timely re- tent possible, complete their consideration gained since September 11, 2001, have not ceive terrorist travel intelligence and docu- of these nominations, and, if such nomina- been adequately integrated into the front mentation obtained at consulates and ports tions are reported by the committees, the lines of border security. of entry, and by law enforcement officers and full Senate should vote to confirm or reject (8) The small classified terrorist travel in- military personnel; these nominations, within 30 days of their telligence collection and analysis program (H) the use of foreign and technical assist- submission. currently in place has produced useful re- ance to advance border security measures (c) SECURITY CLEARANCES FOR TRANSITION sults and should be expanded. and law enforcement operations against ter- TEAM MEMBERS.— (b) STRATEGY.— rorist travel facilitators; (1) DEFINITION.—In this section, the term (1) IN GENERAL.—Not later than 1 year after (I) the development of a program to pro- ‘‘major party’’ shall have the meaning given the date of enactment of this Act, the Sec- vide each consular, port of entry, and immi- under section 9002(6) of the Internal Revenue retary of Homeland Security shall submit to gration benefits office with a Code of 1986. Congress unclassified and classified versions counterterrorist travel expert trained and (2) IN GENERAL.—Each major party can- of a strategy for combining terrorist travel authorized to use the relevant authentica- didate for President may submit, before the intelligence, operations, and law enforce- tion technologies and cleared to access all date of the general election, requests for se- ment into a cohesive effort to intercept ter- appropriate immigration, law enforcement, curity clearances for prospective transition rorists, find terrorist travel facilitators, and and intelligence databases; team members who will have a need for ac- constrain terrorist mobility domestically (J) the feasibility of digitally transmitting cess to classified information to carry out and internationally. The report to Congress passport information to a central cadre of their responsibilities as members of the should include a description of the actions specialists until such time as experts de- President-elect’s transition team. taken to implement the strategy. scribed under subparagraph (I) are available September 30, 2004 CONGRESSIONAL RECORD — SENATE S10083

at consular, port of entry, and immigration (d) ENHANCING CLASSIFIED COUNTERTERROR- and the private sector to ensure the develop- benefits offices; and IST TRAVEL EFFORTS.— ment of consistent standards and consistent (K) granting consular officers and immi- (1) IN GENERAL.—The National Intelligence implementation of the integrated screening gration adjudicators, as appropriate, the se- Director shall significantly increase re- system. curity clearances necessary to access law en- sources and personnel to the small classified (f) BIOMETRIC IDENTIFIERS.—In carrying out forcement sensitive and intelligence data- program that collects and analyzes intel- this section, the Secretary shall continue to bases. ligence on terrorist travel. review biometric technologies and existing (c) FRONTLINE COUNTERTERRORIST TRAVEL (2) AUTHORIZATION OF APPROPRIATIONS.— Federal and State programs using biometric TECHNOLOGY AND TRAINING.— There are authorized to be appropriated for identifiers. Such review shall consider the (1) TECHNOLOGY ACQUISITION AND DISSEMINA- each of the fiscal years 2005 through 2009 accuracy rate of available technologies. TION PLAN.—Not later than 180 days after the such sums as may be necessary to carry out (g) MAINTAINING ACCURACY AND INTEGRITY date of enactment of this Act, the Secretary this subsection. OF THE INTEGRATED SCREENING SYSTEM.— of Homeland Security, in conjunction with SEC. ll02. INTEGRATED SCREENING SYSTEM. (1) IN GENERAL.—The Secretary shall estab- the Secretary of State, shall submit to Con- (a) IN GENERAL.—The Secretary of Home- lish rules, guidelines, policies, and operating gress a plan describing how the Department land Security shall develop a plan for a com- and auditing procedures for collecting, re- of Homeland Security and the Department of prehensive integrated screening system. moving, and updating data maintained in, State can acquire and deploy, to all con- (b) DESIGN.—The system planned under and adding information to, the integrated sulates, ports of entry, and immigration ben- subsection (a) shall be designed to— screening system that ensure the accuracy efits offices, technologies that facilitate doc- (1) encompass an integrated network of and integrity of the data. ument authentication and the detection of screening points that includes the Nation’s (2) DATA MAINTENANCE PROCEDURES.—Each potential terrorist indicators on travel docu- border security system, transportation sys- head of a Federal agency that has databases ments. tem, and critical infrastructure or facilities and data systems linked to the integrated (2) CONTENTS OF PLAN.—The plan submitted that the Secretary determines need to be screening system shall establish rules, guide- under paragraph (1) shall— protected against terrorist attack; lines, policies, and operating and auditing (A) outline the timetable needed to acquire (2) build upon existing border enforcement procedures for collecting, removing, and up- and deploy the authentication technologies; and security activities, and to the extent dating data maintained in, and adding infor- (B) identify the resources required to— practicable, private sector security initia- mation to, such databases or data systems (i) fully disseminate these technologies; tives, in a manner that will enable the utili- that ensure the accuracy and integrity of the and zation of a range of security check points in data. (ii) train personnel on use of these tech- a continuous and consistent manner (3) REQUIREMENTS.—The rules, guidelines, nologies; and throughout the Nation’s screening system; policies, and procedures established under (C) address the feasibility of using these (3) allow access to government databases this subsection shall— technologies to screen every passport or to detect terrorists; and (A) incorporate a simple and timely meth- other documentation described in section (4) utilize biometric identifiers that the od for— ll04(b) submitted for identification pur- Secretary determines to be appropriate, fea- (i) correcting errors; poses to a United States consular, border, or sible, and if practicable, compatible with the (ii) determining which government agency immigration official. biometric entry and exit data system de- or entity provided data so that the accuracy (3) TRAINING PROGRAM.— scribed in section ll03. of the data can be ascertained; and (A) IN GENERAL.—The Secretary of Home- (c) STANDARDS FOR SCREENING PROCE- (iii) clarifying information known to cause land Security and the Secretary of State DURES.— false hits or misidentification errors; and shall develop and implement initial and on- (1) AUTHORIZATION.—The Secretary may (B) include procedures for individuals to— going annual training programs for consular, promulgate standards for screening proce- (i) seek corrections of data contained in border, and immigration officials who endures for— the databases or data systems; and counter or work with travel or immigration (A) entering and leaving the United States; (ii) appeal decisions concerning data con- documents as part of their duties to teach (B) accessing Federal facilities that the tained in the databases or data systems. such officials how to effectively detect and Secretary determines need to be protected (h) IMPLEMENTATION.— disrupt terrorist travel. against terrorist attack; (1) PHASE I.—The Secretary shall— (B) TERRORIST TRAVEL INTELLIGENCE.—The (C) accessing critical infrastructure that (A) develop plans for, and begin implemen- Secretary may assist State, local, and tribal the Secretary determines need to be pro- tation of, a single program for registered governments, and private industry, in estab- tected against terrorist attack; and travelers to expedite travel across the bor- lishing training programs related to ter- (D) accessing modes of transportation that der, as required under section ll03(g); rorist travel intelligence. the Secretary determines need to be pro- (B) continue the implementation of a bio- (C) TRAINING TOPICS.—The training devel- tected against terrorist attack. metric exit and entry data system that links oped under this paragraph shall include (2) SCOPE.—Standards prescribed under this to relevant databases and data systems, as training in— subsection may address a range of factors, required by subsections (c) through (f) of sec- (i) methods for identifying fraudulent doc- including technologies required to be used in tion ll03 and other existing authorities; uments; screening and requirements for secure iden- (C) centralize the ‘‘no-fly’’ and ‘‘auto- (ii) detecting terrorist indicators on travel tification. matic-selectee’’ lists, making use of im- documents; (3) REQUIREMENTS.—In promulgating stand- proved terrorists watch lists, as required by (iii) recognizing travel patterns, tactics, ards for screening procedures, the Secretary section ll03; and behaviors exhibited by terrorists; shall— (D) develop plans, in consultation with (iv) the use of information contained in (A) consider and incorporate appropriate other relevant agencies, for the sharing of available databases and data systems and civil liberties and privacy protections; terrorist information with trusted govern- procedures to maintain the accuracy and in- (B) comply with the Administrative Proce- ments, as required by section ll05; tegrity of such systems; and dure Act; and (E) initiate any other action determined (v) other topics determined necessary by (C) consult with other Federal, State, appropriate by the Secretary to facilitate the Secretary of Homeland Security and the local, and tribal governments, private par- the implementation of this paragraph; and Secretary of State. ties, and other interested parties, as appro- (F) report to Congress on the implementa- (D) CERTIFICATION.—Not later than 1 year priate. tion of phase I, including— after the date of enactment of this Act— (4) LIMITATION.—This section does not con- (i) the effectiveness of actions taken, the (i) the Secretary of Homeland Security fer to the Secretary new statutory author- efficacy of resources expended, compliance shall certify to Congress that all border and ity, or alter existing authorities, over sys- with statutory provisions, and safeguards for immigration officials who encounter or work tems, critical infrastructure, and facilities. privacy and civil liberties; and with travel or immigration documents as (5) NOTIFICATION.—If the Secretary deter- (ii) plans for the development and imple- part of their duties have received training mines that additional regulatory authority mentation of phases II and III. under this paragraph; and is needed to fully implement the plan for an (2) PHASE II.—The Secretary shall— (ii) the Secretary of State shall certify to integrated screening system, the Secretary (A) complete the implementation of a sin- Congress that all consular officers who en- shall immediately notify Congress. gle program for registered travelers to expe- counter or work with travel or immigration (d) COMPLIANCE.—The Secretary may issue dite travel across the border, as required by documents as part of their duties have re- regulations to ensure compliance with the section ll03(g); ceived training under this paragraph. standards promulgated under this section. (B) complete the implementation of a bio- (4) AUTHORIZATION OF APPROPRIATIONS.— (e) CONSULTATION.—For those systems, metric entry and exit data system that links There are authorized to be appropriated to critical infrastructure, and facilities that to relevant databases and data systems, as the Secretary for each of the fiscal years 2005 the Secretary determines need to be pro- required by subsections (c) through (f) of sec- through 2009 such sums as may be necessary tected against terrorist attack, the Sec- tion ll03, and other existing authorities; to carry out the provisions of this sub- retary shall consult with other Federal agen- (C) in cooperation with other relevant section. cies, State, local, and tribal governments, agencies, engage in dialogue with foreign S10084 CONGRESSIONAL RECORD — SENATE September 30, 2004 governments to develop plans for the use of screening systems are located at primary or system, as required by section 202 of the En- common screening standards; secondary inspection areas; hanced Border Security and Visa Entry Re- (D) initiate any other action determined (ii) a listing of ports of entry and other De- form Act (8 U.S.C. 1722) to provide current appropriate by the Secretary to facilitate partment of Homeland Security and Depart- and immediate access to information in the the implementation of this paragraph; and ment of State locations with biometric exit databases of Federal law enforcement agen- (E) report to Congress on the implementa- data systems in use; cies and the intelligence community that is tion of phase II, including— (iii) a listing of databases and data systems relevant to determine— (i) the effectiveness of actions taken, the with which the entry and exit data system (A) whether to issue a visa; or efficacy of resources expended, compliance are interoperable; (B) the admissibility or deportability of an with statutory provisions, and safeguards for (iv) a description of— alien. privacy and civil liberties; and (I) identified deficiencies concerning the (f) MAINTAINING ACCURACY AND INTEGRITY (ii) the plans for the development and im- accuracy or integrity of the information con- OF ENTRY AND EXIT DATA SYSTEM.— plementation of phase III. tained in the entry and exit data system; (1) IN GENERAL.—The Secretary shall estab- (3) PHASE III.—The Secretary shall— (II) identified deficiencies concerning tech- lish rules, guidelines, policies, and operating (A) finalize and deploy the integrated nology associated with processing individ- and auditing procedures for collecting, re- screening system required by subsection (a); uals through the system; and moving, and updating data maintained in, (B) in cooperation with other relevant (III) programs or policies planned or imple- and adding information to, the entry and agencies, promote the implementation of mented to correct problems identified in sub- exit data system that ensure the accuracy common screening standards by foreign gov- clause (I) or (II); and and integrity of the data. ernments; and (v) an assessment of the effectiveness of (2) DATA MAINTENANCE PROCEDURES.—Heads (C) report to Congress on the implementa- the entry and exit data system in fulfilling of agencies that have databases or data sys- tion of Phase III, including— its intended purposes, including preventing tems linked to the entry and exit data sys- (i) the effectiveness of actions taken, the terrorists from entering the United States; tem shall establish rules, guidelines, poli- efficacy of resources expended, compliance (B) a description of factors relevant to the cies, and operating and auditing procedures with statutory provisions, and safeguards for accelerated implementation of the biometric for collecting, removing, and updating data privacy and civil liberties; and entry and exit data system, including— maintained in, and adding information to, (i) the earliest date on which the Secretary (ii) the plans for the ongoing operation of such databases or data systems that ensure estimates that full implementation of the bi- the integrated screening system. the accuracy and integrity of the data. ometric entry and exit data system can be (i) REPORT.—After phase III has been im- (3) REQUIREMENTS.—The rules, guidelines, completed; plemented, the Secretary shall submit a re- policies, and procedures established under (ii) the actions the Secretary will take to port to Congress every 3 years that describes this subsection shall— accelerate the full implementation of the bi- the ongoing operation of the integrated (A) incorporate a simple and timely meth- ometric entry and exit data system at all screening system, including its effectiveness, od for— ports of entry through which all aliens must efficient use of resources, compliance with (i) correcting errors; pass that are legally required to do so; and statutory provisions, and safeguards for pri- (ii) determining which government agency (iii) the resources and authorities required vacy and civil liberties. or entity provided data so that the accuracy to enable the Secretary to meet the imple- (j) AUTHORIZATIONS.—There are authorized of the data can be ascertained; and to be appropriated to the Secretary for each mentation date described in clause (i); (iii) clarifying information known to cause of the fiscal years 2005 through 2009, such (C) a description of any improvements false hits or misidentification errors; and sums as may be necessary to carry out the needed in the information technology em- (B) include procedures for individuals to— provisions of this section. ployed for the biometric entry and exit data (i) seek corrections of data contained in system; SEC. ll03. BIOMETRIC ENTRY AND EXIT DATA the databases or data systems; and SYSTEM. (D) a description of plans for improved or (ii) appeal decisions concerning data con- (a) FINDINGS.—Consistent with the report added interoperability with any other data- tained in the databases or data systems. of the National Commission on Terrorist At- bases or data systems; and tacks Upon the United States, Congress finds (E) a description of the manner in which (g) EXPEDITING REGISTERED TRAVELERS that completing a biometric entry and exit the Department of Homeland Security’s US- ACROSS INTERNATIONAL BORDERS.— data system as expeditiously as possible is VISIT program— (1) FINDINGS.—Consistent with the report an essential investment in efforts to protect (i) meets the goals of a comprehensive of the National Commission on Terrorist At- the United States by preventing the entry of entry and exit screening system, including tacks Upon the United States, Congress finds terrorists. both entry and exit biometric; and that— (b) DEFINITION.—In this section, the term (ii) fulfills the statutory obligations under (A) expediting the travel of previously ‘‘entry and exit data system’’ means the subsection (b). screened and known travelers across the bor- entry and exit system required by applicable (d) COLLECTION OF BIOMETRIC EXIT DATA.— ders of the United States should be a high sections of— The entry and exit data system shall include priority; and (1) the Illegal Immigration Reform and Im- a requirement for the collection of biometric (B) the process of expediting known trav- migrant Responsibility Act of 1996 (Public exit data for all categories of individuals elers across the borders of the United States Law 104–208); who are required to provide biometric entry can permit inspectors to better focus on (2) the Immigration and Naturalization data, regardless of the port of entry where identifying terrorists attempting to enter Service Data Management Improvement Act such categories of individuals entered the the United States. of 2000 (Public Law 106–205); United States. (2) DEFINITION.—In this subsection, the (3) the Visa Waiver Permanent Program (e) INTEGRATION AND INTEROPERABILITY.— term ‘‘registered traveler program’’ means Act (Public Law 106–396); (1) INTEGRATION OF DATA SYSTEM.—Not any program designed to expedite the travel (4) the Enhanced Border Security and Visa later than 2 years after the date of enact- of previously screened and known travelers Entry Reform Act of 2002 (Public Law 107– ment of this Act, the Secretary shall fully across the borders of the United States. 173); and integrate all databases and data systems (3) REGISTERED TRAVEL PROGRAM.— (5) the Uniting and Strengthening America that process or contain information on (A) IN GENERAL.—As soon as is practicable, by Providing Appropriate Tools Required to aliens, which are maintained by— the Secretary shall develop and implement a Intercept and Obstruct Terrorism (USA PA- (A) the Department of Homeland Security, registered traveler program to expedite the TRIOT ACT) Act of 2001 (Public Law 107–56). at— processing of registered travelers who enter (c) PLAN AND REPORT.— (i) the United States Immigration and Cus- and exit the United States. (1) DEVELOPMENT OF PLAN.—The Secretary toms Enforcement; (B) PARTICIPATION.—The registered trav- of Homeland Security shall develop a plan to (ii) the United States Customs and Border eler program shall include as many partici- accelerate the full implementation of an Protection; and pants as practicable by— automated biometric entry and exit data (iii) the United States Citizenship and Im- (i) minimizing the cost of enrollment; system. migration Services; (ii) making program enrollment conven- (2) REPORT.—Not later than 180 days after (B) the Department of Justice, at the Exec- ient and easily accessible; and the date of enactment of this Act, the Sec- utive Office for Immigration Review; and (iii) providing applicants with clear and retary shall submit a report to Congress on (C) the Department of State, at the Bureau consistent eligibility guidelines. the plan developed under paragraph (1), of Consular Affairs. (C) INTEGRATION.—The registered traveler which shall contain— (2) INTEROPERABLE COMPONENT.—The fully program shall be integrated into the auto- (A) a description of the current integrated data system under paragraph (1) mated biometric entry and exit data system functionality of the entry and exit data sys- shall be an interoperable component of the described in this section. tem, including— entry and exit data system. (D) REVIEW AND EVALUATION.—In devel- (i) a listing of ports of entry and other De- (3) INTEROPERABLE DATA SYSTEM.—Not oping the registered traveler program, the partment of Homeland Security and Depart- later than 2 years after the date of enact- Secretary shall— ment of State locations with biometric entry ment of this Act, the Secretary shall fully (i) review existing programs or pilot data systems in use and whether such implement an interoperable electronic data projects designed to expedite the travel of September 30, 2004 CONGRESSIONAL RECORD — SENATE S10085 registered travelers across the borders of the (C) in the case of humanitarian or national formation as may be available, would most United States; interest reasons in individual cases. effectively facilitate the travel of admissible (ii) evaluate the effectiveness of the pro- (d) TRANSIT WITHOUT VISA PROGRAM.—The aliens and reduce the number of inadmissible grams described in clause (i), the costs asso- Secretary of State shall not use any authori- aliens, especially aliens who are potential ciated with such programs, and the costs to ties granted under section 212(d)(4)(C) of such terrorists, who arrive from abroad by air at travelers to join such programs; Act until the Secretary, in conjunction with points of entry within the United States. (iii) increase research and development ef- the Secretary of Homeland Security, com- Such preinspection stations shall be in addi- forts to accelerate the development and im- pletely implements a security plan to fully tion to those established prior to September plementation of a single registered traveler ensure secure transit passage areas to pre- 30, 1996, or pursuant to paragraph (1).’’. program; and vent aliens proceeding in immediate and (2) REPORT.—Not later than June 30, 2006, (iv) review the feasibility of allowing par- continuous transit through the United the Secretary of Homeland Security and the ticipants to enroll in the registered traveler States from illegally entering the United Secretary of State shall submit a report on program at consular offices. States. the progress being made in implementing the (4) REPORT.—Not later than 1 year after SEC. ll05. EXCHANGE OF TERRORIST INFORMA- amendment made by paragraph (1) to— the date of enactment of this Act, the Sec- TION AND INCREASED (A) the Committee on the Judiciary of the retary shall submit to Congress a report de- PREINSPECTION AT FOREIGN AIR- Senate; scribing the Department’s progress on the PORTS. (B) the Committee on the Judiciary of the development and implementation of the reg- (a) FINDINGS.—Consistent with the report House of Representatives; istered traveler program. of the National Commission on Terrorist At- (C) the Committee on Foreign Relations of (h) AUTHORIZATION OF APPROPRIATIONS.— tacks Upon the United States, Congress finds the Senate; and There are authorized to be appropriated to that— (D) the Committee on International Rela- the Secretary, for each of the fiscal years (1) the exchange of terrorist information tions of the House of Representatives. 2005 through 2009, such sums as may be nec- with other countries, consistent with pri- SEC. ll06. MINIMUM STANDARDS FOR BIRTH essary to carry out the provisions of this sec- vacy requirements, along with listings of CERTIFICATES. tion. lost and stolen passports, will have imme- (a) DEFINITION.—In this section, the term SEC. ll04. TRAVEL DOCUMENTS. diate security benefits; and ‘birth certificate’ means a certificate of (a) FINDINGS.—Consistent with the report (2) the further away from the borders of birth— of the National Commission on Terrorist At- the United States that screening occurs, the (1) for an individual (regardless of where tacks Upon the United States, Congress finds more security benefits the United States will born)— that— gain. (A) who is a citizen or national of the (1) existing procedures allow many individ- (b) SENSE OF CONGRESS.—It is the sense of United States at birth; and uals to enter the United States by showing Congress that— (B) whose birth is registered in the United minimal identification or without showing (1) the United States Government should States; and any identification; exchange terrorist information with trusted (2) that— (2) the planning for the terrorist attacks of allies; (A) is issued by a Federal, State, or local September 11, 2001, demonstrates that terror- (2) the United States Government should government agency or authorized custodian ists study and exploit United States move toward real-time verification of pass- of record and produced from birth records vulnerabilities; and ports with issuing authorities; maintained by such agency or custodian of (3) additional safeguards are needed to en- (3) where practicable the United States record; or sure that terrorists cannot enter the United Government should conduct screening before (B) is an authenticated copy, issued by a States. a passenger departs on a flight destined for Federal, State, or local government agency (b) BIOMETRIC PASSPORTS.— the United States; or authorized custodian of record, of an (1) DEVELOPMENT OF PLAN.—The Secretary (4) the United States Government should original certificate of birth issued by such of State, in consultation with the Secretary work with other countries to ensure effective agency or custodian of record. of Homeland Security, shall develop and im- inspection regimes at all airports; (b) STANDARDS FOR ACCEPTANCE BY FED- plement a plan as expeditiously as possible (5) the United States Government should ERAL AGENCIES.— to require biometric passports or other iden- work with other countries to improve pass- (1) IN GENERAL.—Beginning 2 years after tification deemed by the Secretary of State port standards and provide foreign assistance the promulgation of minimum standards to be at least as secure as a biometric pass- to countries that need help making the tran- under paragraph (3), no Federal agency may port, for all travel into the United States by sition to the global standard for identifica- accept a birth certificate for any official pur- United States citizens and by categories of tion; and pose unless the certificate conforms to such individuals for whom documentation re- (6) the Department of Homeland Security, standards. quirements have previously been waived in coordination with the Department of (2) STATE CERTIFICATION.— under section 212(d)(4)(B) of the Immigration State and other agencies, should implement (A) IN GENERAL.—Each State shall certify and Nationality Act (8 U.S.C. 1182(d)(4)(B)). the initiatives called for in this subsection. to the Secretary of Health and Human Serv- (2) REQUIREMENT TO PRODUCE DOCUMENTA- (c) REPORT REGARDING THE EXCHANGE OF ices that the State is in compliance with the TION.—The plan developed under paragraph TERRORIST INFORMATION.— requirements of this section. (1) shall require all United States citizens, (1) IN GENERAL.—Not later than 180 days (B) FREQUENCY.—Certifications under sub- and categories of individuals for whom docu- after the date of enactment of this Act, the paragraph (A) shall be made at such inter- mentation requirements have previously Secretary of State and the Secretary of vals and in such a manner as the Secretary been waived under section 212(d)(4)(B) of such Homeland Security, working with other of Health and Human Services, with the con- Act, to carry and produce the documentation agencies, shall submit to the appropriate currence of the Secretary of Homeland Secu- described in paragraph (1) when traveling committees of Congress a report on Federal rity and the Commissioner of Social Secu- from foreign countries into the United efforts to collaborate with allies of the rity, may prescribe by regulation. States. United States in the exchange of terrorist in- (C) COMPLIANCE.—Each State shall ensure (c) TECHNICAL AND CONFORMING AMEND- formation. that units of local government and other au- MENTS.—After the complete implementation (2) CONTENTS.—The report shall outline— thorized custodians of records in the State of the plan described in subsection (b)— (A) strategies for increasing such collabo- comply with this section. (1) neither the Secretary of State nor the ration and cooperation; (D) AUDITS.—The Secretary of Health and Secretary of Homeland Security may exer- (B) progress made in screening passengers Human Services may conduct periodic audits cise discretion under section 212(d)(4)(B) of before their departure to the United States; of each State’s compliance with the require- such Act to waive documentary require- and ments of this section. ments for travel into the United States; and (C) efforts to work with other countries to (3) MINIMUM STANDARDS.—Not later than 1 (2) the President may not exercise discre- accomplish the goals described under this year after the date of enactment of this Act, tion under section 215(b) of such Act (8 section. the Secretary of Health and Human Services U.S.C. 1185(b)) to waive documentary re- (d) PREINSPECTION AT FOREIGN AIRPORTS.— shall by regulation establish minimum quirements for United States citizens depart- (1) IN GENERAL.—Section 235A(a)(4) of the standards for birth certificates for use by ing from or entering, or attempting to de- Immigration and Nationality Act (8 U.S.C. Federal agencies for official purposes that— part from or enter, the United States ex- 1225a(a)(4)) is amended to read as follows: (A) at a minimum, shall require certifi- cept— ‘‘(4) Subject to paragraph (5), not later cation of the birth certificate by the State or (A) where the Secretary of State, in con- than January 1, 2008, the Secretary of Home- local government custodian of record that sultation with the Secretary of Homeland land Security, in consultation with the Sec- issued the certificate, and shall require the Security, determines that the alternative retary of State, shall establish preinspection use of safety paper or an alternative, equally documentation that is the basis for the waiv- stations in at least 25 additional foreign air- secure medium, the seal of the issuing custo- er of the documentary requirement is at ports, which the Secretary of Homeland Se- dian of record, and other features designed to least as secure as a biometric passport; curity, in consultation with the Secretary of prevent tampering, counterfeiting, or other- (B) in the case of an unforeseen emergency State, determines, based on the data com- wise duplicating the birth certificate for in individual cases; or piled under paragraph (3) and such other in- fraudulent purposes; S10086 CONGRESSIONAL RECORD — SENATE September 30, 2004 (B) shall establish requirements for proof tion Reform and Immigrant Responsibility State, an appropriate official of a Federal and verification of identity as a condition of Act of 1996 (5 U.S.C. 301 note) is repealed. agency and other relevant officials, to verify issuance of a birth certificate, with addi- SEC. ll07. DRIVER’S LICENSES AND PERSONAL the authenticity of documents, as appro- tional security measures for the issuance of IDENTIFICATION CARDS. priate, issued by such Federal agency or en- a birth certificate for a person who is not the (a) DEFINITIONS.—In this section: tity and presented to prove the identity of (1) DRIVER’S LICENSE.—The term ‘driver’s applicant; an individual; license’ means a motor vehicle operator’s li- (C) shall establish standards for the proc- (B) may not infringe on a State’s power to cense as defined in section 30301(5) of title 49, essing of birth certificate applications to set criteria concerning what categories of in- United States Code. prevent fraud; dividuals are eligible to obtain a driver’s li- (D) may not require a single design to (2) PERSONAL IDENTIFICATION CARD.—The term ‘personal identification card’ means an cense or personal identification card from which birth certificates issued by all States that State; must conform; and identification document (as defined in section 1028(d)(3) of title 18, United States Code) (C) may not require a State to comply with (E) shall accommodate the differences be- any such regulation that conflicts with or tween the States in the manner and form in issued by a State. (b) STANDARDS FOR ACCEPTANCE BY FED- otherwise interferes with the full enforce- which birth records are stored and birth cer- ERAL AGENCIES.— ment of State criteria concerning the cat- tificates are produced from such records. (1) IN GENERAL.— egories of individuals that are eligible to ob- (4) CONSULTATION WITH GOVERNMENT AGEN- (A) LIMITATION ON ACCEPTANCE.—No Fed- tain a driver’s license or personal identifica- CIES.—In promulgating the standards re- eral agency may accept, for any official pur- tion card from that State; quired under paragraph (3), the Secretary of pose, a driver’s license or personal identifica- (D) may not require a single design to Health and Human Services shall consult tion card newly issued by a State more than which driver’s licenses or personal identi- with— 2 years after the promulgation of the min- fication cards issued by all States must con- (A) the Secretary of Homeland Security; imum standards under paragraph (2) unless form; and (B) the Commissioner of Social Security; the driver’s license or personal identification (E) shall include procedures and require- (C) State vital statistics offices; and card conforms to such minimum standards. (D) other appropriate Federal agencies. ments to protect the privacy and civil and (B) DATE FOR CONFORMANCE.—The Sec- due process rights of individuals who apply (5) EXTENSION OF EFFECTIVE DATE.—The retary of Transportation, in consultation for and hold driver’s licenses and personal Secretary of Health and Human Services with the Secretary of Homeland Security, may extend the date specified under para- identification cards. shall establish a date after which no driver’s (4) NEGOTIATED RULEMAKING.— graph (1) for up to 2 years for birth certifi- license or personal identification card shall cates issued by a State if the Secretary de- (A) IN GENERAL.—Before publishing the be accepted by a Federal agency for any offi- proposed regulations required by paragraph termines that the State made reasonable ef- cial purpose unless such driver’s license or forts to comply with the date under para- (2) to carry out this title, the Secretary of personal identification card conforms to the Transportation shall establish a negotiated graph (1) but was unable to do so. minimum standards established under para- (c) GRANTS TO STATES.— rulemaking process pursuant to subchapter graph (2). The date shall be as early as the (1) ASSISTANCE IN MEETING FEDERAL STAND- IV of chapter 5 of title 5, United States Code Secretary determines it is practicable for ARDS.— (5 U.S.C. 581 et seq.). the States to comply with such date with (A) IN GENERAL.—Beginning on the date a (B) REPRESENTATION ON NEGOTIATED RULE- reasonable efforts. final regulation is promulgated under sub- MAKING COMMITTEE.—Any negotiated rule- (C) STATE CERTIFICATION.— section (b)(3), the Secretary of Health and making committee established by the Sec- (i) IN GENERAL.—Each State shall certify to Human Services shall award grants to States the Secretary of Transportation that the retary of Transportation pursuant to sub- to assist them in conforming to the min- State is in compliance with the require- paragraph (A) shall include representatives imum standards for birth certificates set ments of this section. from— forth in the regulation. (ii) FREQUENCY.—Certifications under (i) among State offices that issue driver’s (B) ALLOCATION OF GRANTS.—The Secretary clause (i) shall be made at such intervals and licenses or personal identification cards; shall award grants to States under this para- in such a manner as the Secretary of Trans- (ii) among State elected officials; graph based on the proportion that the esti- portation, with the concurrence of the Sec- (iii) the Department of Homeland Security; mated average annual number of birth cer- retary of Homeland Security, may prescribe and tificates issued by a State applying for a by regulation. (iv) among interested parties, including or- grant bears to the estimated average annual (iii) AUDITS.—The Secretary of Transpor- ganizations with technological and oper- number of birth certificates issued by all tation may conduct periodic audits of each ational expertise in document security and States. State’s compliance with the requirements of organizations that represent the interests of (C) MINIMUM ALLOCATION.—Notwith- this section. applicants for such licenses or identification standing subparagraph (B), each State shall (2) MINIMUM STANDARDS.—Not later than 18 cards. receive not less than 0.5 percent of the grant months after the date of enactment of this (C) TIME REQUIREMENT.—The process de- funds made available under this paragraph. Act, the Secretary of Transportation, in con- scribed in subparagraph (A) shall be con- (2) ASSISTANCE IN MATCHING BIRTH AND sultation with the Secretary of Homeland ducted in a timely manner to ensure that— DEATH RECORDS.— Security, shall by regulation, establish min- (i) any recommendation for a proposed rule (A) IN GENERAL.—The Secretary of Health imum standards for driver’s licenses or per- and Human Services, in coordination with or report is provided to the Secretary of sonal identification cards issued by a State the Commissioner of Social Security and Transportation not later than 9 months after for use by Federal agencies for identification other appropriate Federal agencies, shall the date of enactment of this Act and may purposes that shall include— award grants to States, under criteria estab- include an assessment of the benefits and (A) standards for documentation required lished by the Secretary, to assist States in— costs of the recommendations; and as proof of identity of an applicant for a (i) computerizing their birth and death (ii) a final rule is promulgated not later driver’s license or personal identification records; than 18 months after the date of enactment card; (ii) developing the capability to match of this Act. (B) standards for the verifiability of docu- birth and death records within each State ments used to obtain a driver’s license or (c) GRANTS TO STATES.— and among the States; and personal identification card; (1) ASSISTANCE IN MEETING FEDERAL STAND- (iii) noting the fact of death on the birth (C) standards for the processing of applica- ARDS.—Beginning on the date a final regula- certificates of deceased persons. tions for driver’s licenses and personal iden- tion is promulgated under subsection (b)(2), (B) ALLOCATION OF GRANTS.—The Secretary tification cards to prevent fraud; the Secretary of Transportation shall award shall award grants to qualifying States (D) security standards to ensure that driv- grants to States to assist them in con- under this paragraph based on the proportion er’s licenses and personal identification forming to the minimum standards for driv- that the estimated annual average number of cards are— er’s licenses and personal identification birth and death records created by a State (i) resistant to tampering, alteration, or cards set forth in the regulation. applying for a grant bears to the estimated counterfeiting; and (2) ALLOCATION OF GRANTS.—The Secretary annual average number of birth and death (ii) capable of accommodating and ensur- of Transportation shall award grants to records originated by all States. ing the security of a digital photograph or States under this subsection based on the (C) MINIMUM ALLOCATION.—Notwith- other unique identifier; and proportion that the estimated average an- standing subparagraph (B), each State shall (E) a requirement that a State confiscate a nual number of driver’s licenses and personal receive not less than 0.5 percent of the grant driver’s license or personal identification identification cards issued by a State apply- funds made available under this paragraph. (d) AUTHORIZATION OF APPROPRIATIONS.— card if any component or security feature of ing for a grant bears to the average annual There are authorized to be appropriated to the license or identification card is com- number of such documents issued by all the Secretary for each of the fiscal years 2005 promised. States. through 2009 such sums as may be necessary (3) CONTENT OF REGULATIONS.—The regula- (3) MINIMUM ALLOCATION.—Notwithstanding to carry out this section. tions required by paragraph (2)— paragraph (2), each State shall receive not (e) TECHNICAL AND CONFORMING AMEND- (A) shall facilitate communication be- less than 0.5 percent of the grant funds made MENTS.—Section 656 of the Illegal Immigra- tween the chief driver licensing official of a available under this subsection. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10087 (d) EXTENSION OF EFFECTIVE DATE.—The ties of the United States Government, come informed and knowledgeable about the Secretary of Transportation may extend the and for other purposes; which was or- intelligence field, and thereby develop the date specified under subsection (b)(1)(A) for dered to lie on the table; as follows: requisite expertise in that area, if they do up to 2 years for driver’s licenses issued by a On page 28, line 17, strike ‘‘or’’ at the end. not regularly attend hearings held by the Se- State if the Secretary determines that the On page 28, line 19, strike the period and lect Committee on Intelligence; and State made reasonable efforts to comply insert ‘‘; and’’. (4) because Senators who are Members of with the date under such subsection but was On page 28, between lines 19 and 20, insert the Select Committee on Intelligence yet do unable to do so. the following: not regularly attend hearings held by the Se- (e) AUTHORIZATION OF APPROPRIATIONS.— (D) the personnel involved are not military lect Committee on Intelligence are not in- There are authorized to be appropriated to personnel and the funds were not appro- formed and knowledgeable about the intel- the Secretary of Transportation for each of priated to military personnel appropriations, ligence field, and do not develop the req- the fiscal years 2005 through 2009, such sums except that the Director may make a trans- uisite expertise in that area, those Senators as may be necessary to carry out this sec- fer of such personnel or funds if the Sec- fail to discharge their responsibility to over- tion. retary of Defense does not object to such see the intelligence community. SEC. ll08. SOCIAL SECURITY CARDS. transfer. (b) SENSE OF THE SENATE.—It is the sense (a) SECURITY ENHANCEMENTS.—The Com- On page 91, between lines 12 and 13, insert of the Senate that those Senators who serve missioner of Social Security shall— the following: on the Select Committee on Intelligence and (1) not later than 180 days after the date of (C) Nothing in this subsection shall be con- who, for a given Congress, miss more than 75 enactment of this section, issue regulations strued to authorize the National Intelligence percent of the hearings held by the Select to restrict the issuance of multiple replace- Director to specify, or require the head of a Committee on Intelligence, should be ineli- ment social security cards to any individual department, agency, or element of the gible to continue to serve on that com- to minimize fraud; United States Government to approve a re- mittee. (2) within 1 year after the date of enact- quest for, the transfer, assignment, or detail ment of this section, require independent of military personnel, except that the Direc- SA 3812. Mr. MCCONNELL submitted verification of all records provided by an ap- tor may take such action with regard to an amendment intended to be proposed plicant for an original social security card, military personnel if the Secretary of De- by him to the bill S. 2845, to reform the other than for purposes of enumeration at fense does not object to such action. intelligence community and the intel- birth; and On page 98, between lines 21 and 22, insert the following: ligence and intelligence-related activi- (3) within 18 months after the date of en- ties of the United States Government, actment of this section, add death, fraud, (C) Nothing in this subsection shall be con- and work authorization indicators to the so- strued to authorize the National Intelligence and for other purposes; which was or- cial security number verification system. Director to specify, or require the head of a dered to lie on the table; as follows: (b) INTERAGENCY SECURITY TASK FORCE.— department, agency, or element of the At the appropriate place, insert the fol- The Commissioner of Social Security, in United States Government to approve a re- lowing: consultation with the Secretary of Homeland quest for, the transfer, assignment, or detail SEC. ll. SENSE OF THE SENATE THAT THE Security, shall form an interagency task of military personnel, except that the Direc- UNITED STATES IS SAFER. force for the purpose of further improving tor may take such action with regard to (a) FINDINGS.—It is the sense of the Senate the security of social security cards and military personnel if the Secretary of De- that— numbers. Not later than 1 year after the date fense does not object to such action. (1) as recognized by the 9/11 Commission in of enactment of this section, the task force On page 98, between lines 21 and 22, insert its report, since September 11th, 2001, the shall establish security requirements, in- the following: United States of America and its allies have (C) Nothing in this subsection shall be cluding— killed or captured a majority of al Qaeda’s construed to authorize the National Intel- (1) standards for safeguarding social secu- leadership; toppled the Taliban, which gave ligence Director to specify, or require the rity cards from counterfeiting, tampering, al Qaeda sanctuary in Afghanistan; and se- head of a department, agency, or element of alteration, and theft; verely damaged the organization; and the United States Government to approve a (2) requirements for verifying documents (2) since September 11, 2001 Congress has— request for, the transfer, assignment, or de- submitted for the issuance of replacement (A) passed, and the President has signed tail of military personnel, except that the cards; and into law, the PATRIOT Act; Director may take such action with regard (3) actions to increase enforcement against (B) created the Department of Homeland to military personnel if the Secretary of De- the fraudulent use or issuance of social secu- security; fense does not object to such action. rity numbers and cards. (C) created the Terrorist Threat Integra- On page 7, beginning on line 20, strike (c) AUTHORIZATION OF APPROPRIATIONS.— tion Center; ‘‘that is not part of the National Foreign In- There are authorized to be appropriated to (D) created the Transportation Safety Ad- telligence Program as of the date of the en- the Commissioner of Social Security for ministration; actment of this Act’’. each of the fiscal years 2005 through 2009, (E) reorganized the Federal Bureau of In- such sums as may be necessary to carry out vestigation; and this section. SA 3811. Mr. MCCONNELL submitted an amendment intended to be proposed (F) signed the Smart Border Declaration, SEC. ll9. EFFECTIVE DATE. just to name 6 offensive measures, all with Notwithstanding any other provision of by him to the bill S. 2845, to reform the the goal of making America safer and pro- this Act, this title shall take effect on the intelligence community and the intel- tecting our citizens in this global war on ter- date of enactment of this Act. ligence and intelligence-related activi- rorism. ties of the United States Government, (b) SENSE OF THE SENATE.—It is the sense SA 3808. Mr. LEVIN submitted an and for other purposes; which was or- of the Senate that the 9/11 Commission Re- amendment intended to be proposed by dered to lie on the table; as follows: port was correct in its assessment that the United States of America is safer today than him to the bill S. 2845, to reform the in- At the appropriate place, insert the fol- it was before the terrorist attacks of Sep- telligence community and the intel- lowing: tember 11, 2001. ligence and intelligence-related activi- SEC. ll. SENSE OF THE SENATE ON IMPOR- ties of the United States Government, TANCE OF ATTENDANCE OF SELECT Mr. REED submitted an and for other purposes; which was or- COMMITTEE ON INTELLIGENCE SA 3813. amendment intended to be proposed by dered to lie on the table; as follows: MEETINGS. (a) FINDINGS.—It is the sense of the Senate him to the bill S. 2845, to reform the in- On page 14, line 2, strike ‘‘community,’’ that— telligence community and the intel- and insert ‘‘community following receipt of (1) the 9/11 Commission concluded that in- intelligence needs and requirements from ligence and intelligence-related activi- formed and knowledgeable congressional ties of the United States Government, the consumers of national intelligence,’’. oversight of the intelligence community is On page 14, line 8, insert before the semi- crucial to ensure the effective functioning of and for other purposes; which was or- colon the following: ‘‘, while ensuring that the Nation’s intelligence services; dered to lie on the table; as follows: the elements of the intelligence community (2) to ensure that Representatives and Sen- At the appropriate place, insert the fol- are able to conduct independent analyses so ators who serve on a congressional Com- lowing: as to achieve, to the maximum extent prac- mittee on Intelligence develop relevant ex- SEC. ll. LIQUEFIED NATURAL GAS MARINE TER- ticable, competitive analyses’’. pertise about the functioning of the intel- MINALS. Mr. LEVIN submitted an ligence community, the 9/11 Commission rec- Congress finds that plans developed by the SA 3809. ommended, for example, that Congress abol- Department of Homeland Security to protect amendment intended to be proposed by ish term limits for Members who serve on critical energy infrastructure should include him to the bill S. 2845, to reform the in- these committees; risk assessments and protective measures for telligence community and the intel- (3) it is difficult for Senators who serve on existing and proposed liquefied natural gas ligence and intelligence-related activi- the Select Committee on Intelligence to be- marine terminals. S10088 CONGRESSIONAL RECORD — SENATE September 30, 2004 SA 3814. Mr. BINGAMAN submitted cludes a National Intelligence Estimate and and conclusions of the Office with respect to an amendment intended to be proposed any other intelligence community assess- the estimate or document, as the case may by him to the bill S. 2845, to reform the ment that sets forth the judgment of the in- be, based upon the evaluation of the esti- intelligence community and the intel- telligence community as a whole on a matter mate or document, as the case may be, by covered by such product. the Office under this subsection. ligence and intelligence-related activi- On page 56, line 20, strike ‘‘(15) and (16)’’ (6) The results of each evaluation of an es- ties of the United States Government, and insert ‘‘(17) and (18)’’. timate or document under this subsection and for other purposes; which was or- On page 87, line 16, strike ‘‘and’’ at the end. shall be submitted to the congressional in- dered to lie on the table; as follows: On page 87, between lines 16 and 17, insert telligence committees. On page ll, between lines ll and ll, the following: On page 194, line 9, strike ‘‘112(a)(11)’’ and insert the following: (D) conduct, or recommend to the National insert ‘‘112(a)(14)’’. (2) regions of specific concern where United Intelligence Director to direct an element or On page 195, line 16, strike ‘‘112(a)(11)’’ and States foreign assistance should be targeted elements of the intelligence community to insert ‘‘112(a)(14)’’. to assist governments in efforts to prevent conduct, competitive analyses of intelligence On page 195, line 23, strike ‘‘112(a)(11)’’ and the use of such regions as terrorist sanc- products relating to suspected terrorists, insert ‘‘112(a)(14)’’. On page 196, line 7, strike ‘‘112(a)(11)’’ and tuaries are South Asia, Southeast Asia, West their organizations, and their capabilities, insert ‘‘112(a)(14)’’. Africa, the Horn of Africa, North and North plans, and intentions, particularly products having national importance; Central Africa, the Arabian peninsula, Cen- Mr. BINGAMAN submitted tral and Eastern Europe, and South America; (E) implement policies and procedures to SA 3816. encourage coordination by all elements of an amendment intended to be proposed SA 3815. Mr. ROCKEFELLER (for the intelligence community that conduct by him to the bill S. 2845, to reform the himself, Mrs. HUTCHISON, Mr. ROBERTS, analysis of intelligence regarding terrorism intelligence community and the intel- of all Directorate products of national im- and Ms. MIKULSKI) submitted an ligence and intelligence-related activi- portance and, as appropriate, other products, amendment intended to be proposed by ties of the United States Government, before their final dissemination; and and for other purposes; which was or- him to the bill S. 2845, to reform the in- On page 87, line 17, strike ‘‘(D)’’ and insert telligence community and the intel- ‘‘(F)’’. dered to lie on the table; as follows: ligence and intelligence-related activi- On page 96, line 16, strike ‘‘foreign’’. On page 155, on line 24, strike ‘‘informa- On page 100, between lines 3 and 4, insert tion’’ and insert ‘‘information use, collec- ties of the United States Government, tion, storage, disclosure, or’’. and for other purposes; as follows: the following: SEC. 145. OFFICE OF ALTERNATIVE ANALYSIS. On page 158, between lines 9 and 10, insert On page 17, between lines 19 and 20, insert the following: (a) OFFICE OF ALTERNATIVE ANALYSIS.— the following: (C) any legislation, regulation, or policy There is within the National Intelligence Au- (11) direct an element or elements of the reviewed by the Board under subsection thority an Office of Alternative Analysis. intelligence community to conduct competi- (d)(1) if— (b) HEAD OF OFFICE.—The National Intel- tive analysis of analytic products, particu- (i) the Board advised against the imple- ligence Director shall appoint the head of larly products having national importance; mentation of such legislation, regulation, or the Office of Alternative Analysis. (12) implement policies and procedures to policy; and (c) INDEPENDENCE OF OFFICE.—The National encourage sound analytic methods and (ii) the legislation, regulation, or policy Intelligence Director shall take appropriate tradecraft throughout the elements of the was implemented; and actions to ensure the independence of the Of- intelligence community and to ensure that (D) a description of— fice of Alternative Analysis in its activities the elements of the intelligence community (i) any instance in which the Board was un- under this section. regularly conduct competitive analysis of able to access information under the author- (d) FUNCTION OF OFFICE.—(1) The Office of analytic products, whether such products are ity in subsection (g); and Alternative Analysis shall subject each Na- produced by or disseminated to such ele- (ii) the general level of cooperation be- tional Intelligence Estimate (NIE), before ments; tween the Board and the heads of depart- the completion of such estimate, to a thor- On page 17, line 20, strike ‘‘(11)’’ and insert ments, agencies, or elements of the execu- ough examination of all facts, assumptions, ‘‘(13)’’. tive branch in carrying out such authority. On page 17, line 22, strike ‘‘(12)’’ and insert analytic methods, and judgments utilized in ‘‘(14)’’. or underlying any analysis, estimation, plan, Mr. SPECTER submitted an evaluation, or recommendation contained in SA 3817. On page 18, line 1, strike ‘‘(13)’’ and insert amendment intended to be proposed by ‘‘(15)’’. such estimate. On page 18, line 4, strike ‘‘(14)’’ and insert (2)(A) The Office may also subject any him to the bill S. 1728, to amend the ‘‘(16)’’. other intelligence estimate, brief, survey, as- September 11th Victim Compensation On page 18, line 7, strike ‘‘(15)’’ and insert sessment, or report designated by the Na- Fund of 2001 (Public Law 107–42; 49 ‘‘(17)’’. tional Intelligence Director to a thorough U.S.C. 40101 note) to provide compensa- On page 18, line 14, strike ‘‘(16)’’ and insert examination as described in paragraph (1). tion for the United States Citizens who ‘‘(18)’’. (B) Not later than 180 days after the date of were victims of the bombings of United On page 18, line 17, strike ‘‘(17)’’ and insert the enactment of this Act, the Director shall States embassies in East Africa on Au- submit to the congressional intelligence ‘‘(19)’’. gust 7, 1998, the attack on the U.S.S. On page 18, line 20, strike ‘‘(18)’’ and insert committees a report on the estimates, briefs, ‘‘(20)’’. surveys, assessments or reports, if any, des- Cole on October 12, 2000, or the attack On page 19, line 5, strike ‘‘(19)’’ and insert ignated by the Director under subparagraph on the World Trade Center on February ‘‘(21)’’. (A). 26, 1993, on the same basis as compensa- On page 19, line 7, strike ‘‘(20)’’ and insert (3)(A) The purpose of an evaluation of an tion is provided to victims of the ter- ‘‘(22)’’. estimate or document under this subsection rorist-related aircraft crashes on Sep- On page 31, line 1, strike ‘‘112(a)(16)’’ and shall be to provide an independent analysis tember 11, 2001; which was referred to insert ‘‘112(a)(18)’’. of any underlying facts, assumptions, and the Committee on the Judiciary; as fol- On page 49, line 13, insert ‘‘, and each other recommendations contained in such esti- National Intelligence Council product’’ after mate or document and to present alternative lows: Strike all after the enacting clause and in- ‘‘paragraph (1)’’. conclusions, if any, arising from such facts sert the following: On page 49, line 15, insert ‘‘or product’’ or assumptions or with respect to such rec- after ‘‘estimate’’. ommendations. SECTION 1. SHORT TITLE. On page 49, line 17, insert ‘‘or product’’ (B) In order to meet the purpose set forth This Act may be cited as the ‘‘Terrorism after ‘‘estimate’’. in subparagraph (A), the Office shall, unless Victim Compensation Equity Act’’. On page 49, line 19, insert ‘‘or product’’ otherwise directed by the President, have ac- SEC. 2. REFERENCES. after ‘‘estimate’’. cess to all analytic products, field reports, Except as otherwise expressly provided, On page 49, line 22, strike ‘‘such estimate and raw intelligence of any element of the wherever in this Act an amendment or repeal and such estimate’’ and insert ‘‘such esti- intelligence community and such other re- is expressed in terms of an amendment to, or mate or product and such estimate or prod- ports and information as the Director con- repeal of, a section or other provision, the uct, as the case may be’’. siders appropriate. reference shall be considered a reference to On page 49, line 24, insert ‘‘or product’’ (4) The evaluation of an estimate or docu- the September 11th Victim Compensation after ‘‘estimate’’. ment under this subsection shall be known Fund of 2001 (Public Law 107–42; 49 U.S.C. On page 51, between lines 5 and 6, insert as a ‘‘OAA analysis’’ of such estimate or doc- 40101 note). the following: ument. SEC. 3. COMPENSATION FOR VICTIMS OF TER- (i) NATIONAL INTELLIGENCE COUNCIL PROD- (5) Each estimate or document covered by RORIST ACTS. UCT.—For purposes of this section, the term an evaluation under this subsection shall in- (a) DEFINITIONS.—Section 402(4) is amend- ‘‘National Intelligence Council product’’ include an appendix that contains the findings ed by inserting ‘‘ or related to the attack on September 30, 2004 CONGRESSIONAL RECORD — SENATE S10089

the U.S.S. Cole on October 12, 2000’’ before ‘‘(4) INELIGIBILITY OF PARTICIPANTS AND consultation with the Secretary of Homeland the period. CONSPIRATORS.—An individual, or a rep- Security, shall submit a report to Congress (b) PURPOSE.—Section 403 is amended by resentative of that individual, shall not be that— inserting ‘‘ or killed as a result of the attack eligible to receive compensation under this (1) describes any statutory changes that on the U.S.S. Cole on October 12, 2000’’ before title if that individual is identified by the are necessary to deploy the Network; the period. Attorney General to have been a participant (2) identifies the required spectrum alloca- (c) DETERMINATION OF ELIGIBILITY FOR or conspirator in the attack on the U.S.S. tion for the Network; and COMPENSATION.— Cole on October 12, 2000.’’. (3) describes the progress made in carrying (1) CLAIM FORM CONTENTS.—Section (D) ELIGIBILITY OF MEMBERS OF THE UNI- out the provisions of this section. 405(a)(2)(B) is amended— FORMED SERVICES.—Section 405(c) (as amend- (A) in clause (i), by inserting ‘‘or the ated by subparagraph (C)) is further amended SA 3819. Mr. ENSIGN (for himself, tack on the U.S.S. Cole on October 12, 2000’’ by adding at the end the following: before the semicolon; Mr. KYL, Mr. CHAMBLISS, Mr. CORNYN, ‘‘(5) ELIGIBILITY OF MEMBERS OF THE UNI- (B) in clause (ii), by inserting ‘‘or at- Mr. GRASSLEY, and Mr. SESSIONS) sub- FORMED SERVICES.—An individual who is a mitted an amendment intended to be tack’’ before the semicolon; and member of the uniformed services shall not (C) in clause (iii), by inserting ‘‘or at- be excluded from being an eligible individual proposed by him to the bill S. 2845, to tack’’ before the period. by reason of being such a member.’’. reform the intelligence community and (2) LIMITATION.—Section 405(a)(3) is the intelligence and intelligence-re- amended by striking ‘‘2 years’’ and inserting SEC. 4. REGULATIONS. Not later than 90 days after the date of lated activities of the United States ‘‘4 years’’. enactment of this Act, the Attorney General, Government, and for other purposes; as (3) COLLATERAL COMPENSATION.—Section in consultation with the Special Master, 405(b)(6) is amended by inserting ‘‘or the at- follows: shall promulgate regulations to carry out tack on the U.S.S. Cole on October 12, 2000’’ At the end, add the following: the amendments made by this Act, including before the period. regulations with respect to— TITLE IV—OTHER MATTERS (4) ELIGIBILITY.— (1) forms to be used in submitting claims SEC. 401. RESPONSIBILITIES AND FUNCTIONS OF (A) INDIVIDUALS.—Section 405(c)(2)(A) is under this Act; CONSULAR OFFICERS. amended— (i) in clause (i), by inserting ‘‘or was on (2) the information to be included in such (a) INCREASED NUMBER OF CONSULAR OFFI- the U.S.S. Cole on October 12, 2000’’ before forms; CERS.—The Secretary of State, in each of fis- the semicolon; and (3) procedures for hearing and the presen- cal years 2006 through 2009, may increase by (ii) by striking clause (ii) and inserting tation of evidence; 150 the number of positions for consular offi- the following: (4) procedures to assist an individual in cers above the number of such positions for ‘‘(ii) suffered death as a result of such an filing and pursuing claims under this Act; which funds were allotted for the preceding air crash or suffered death as a result of such and fiscal year. an attack;’’. (5) other matters determined appropriate (b) LIMITATION ON USE OF FOREIGN NATION- (B) REQUIREMENTS.—Section 405(c)(3) is by the Attorney General. ALS FOR VISA SCREENING.— amended— SEC. 5. EFFECTIVE DATE. (1) IMMIGRANT VISAS.—Subsection (b) of (i) in the heading for subparagraph (B) by The amendments made by this Act shall section 222 of the Immigration and Nation- inserting ‘‘RELATING TO SEPTEMBER 11TH TER- take effect as if enacted as part of the Sep- ality Act (8 U.S.C. 1202) is amended by add- RORIST ACTS’’ before the period; and tember 11th Victims Compensation Fund of ing at the end the following: ‘‘All immigrant (ii) by adding at the end the following: 2001 (Public Law 107–42; 49 U.S.C. 40101 note). visa applications shall be reviewed and adju- ‘‘(C) LIMITATION ON CIVIL ACTION RELATING dicated by a consular officer.’’. Mr. SPECTER submitted an TO OTHER TERRORIST ACTS.— SA 3818. (2) NONIMMIGRANT VISAS.—Subsection (d) of ‘‘(i) IN GENERAL.—Upon the submission of amendment intended to be proposed by such section is amended by adding at the end a claim under this title, the claimant in- him to the bill S. 2845, to reform the in- the following: ‘‘All nonimmigrant visa appli- volved waives the right to file a civil action telligence community and the intel- cations shall be reviewed and adjudicated by (or to be a party to an action) in any Federal ligence and intelligence-related activi- a consular officer.’’. or State court for damages sustained by the ties of the United States Government, (c) TRAINING FOR CONSULAR OFFICERS IN claimant as a result of the attack on the and for other purposes; which was or- DETECTION OF FRAUDULENT DOCUMENTS.— Section 305(a) of the Enhanced Border Secu- U.S.S. Cole on October 12, 2000. The pre- dered to lie on the table; as follows: ceding sentence does not apply to a civil ac- rity and Visa Entry Reform Act of 2002 (8 At the appropriate place, insert the fol- tion to recover any collateral source obliga- U.S.C. 1734(a)) is amended by adding at the lowing: tion based on contract, or to a civil action end the following: ‘‘As part of the consular against any person who is a knowing partici- SEC. ll. NATIONWIDE INTEROPERABLE training provided to such officers by the Sec- BROADBAND MOBILE COMMUNICA- retary of State, such officers shall also re- pant in any conspiracy to commit any ter- TIONS NETWORK. ceive training in detecting fraudulent docu- rorist act. (a) IN GENERAL.—Not later than June 1, ments and general document forensics and ‘‘(ii) PENDING ACTIONS.—In the case of an 2005, the Secretary of Homeland Security shall be required as part of such training to individual who is a party to a civil action de- shall develop technical and operational spec- work with immigration officers conducting scribed in clause (i), such individual may not ifications and protocols for a nationwide inspections of applicants for admission into submit a claim under this title unless such interoperable broadband mobile communica- the United States at ports of entry.’’. individual withdraws from such action by tions network (referred to in this section as (d) ASSIGNMENT OF ANTI-FRAUD SPECIAL- the date that is 90 days after the date on the ‘‘Network’’) to be used by Federal, State, ISTS.— which regulations are promulgated under and local public safety and homeland secu- (1) SURVEY REGARDING DOCUMENT FRAUD.— section 4 of the Terrorism Victim Compensa- rity personnel. tion Equity Act. (b) CONSULTATION AND USE OF EXISTING The Secretary of State, in coordination with ‘‘(D) INDIVIDUALS WITH PRIOR COMPENSA- TECHNOLOGIES.—In developing the Network, the Secretary of Homeland Security, shall TION.— the Secretary of Homeland Security shall— conduct a survey of each diplomatic and con- ‘‘(i) IN GENERAL.—Subject to clause (ii), (1) seek input from representatives of the sular post at which visas are issued to assess an individual is not an eligible individual for user communities regarding the operation the extent to which fraudulent documents purposes of this subsection if the individual, and administration of the Network; and are presented by visa applicants to consular or the estate of that individual, has received (2) make use of existing commercial wire- officers at such posts. any compensation from a civil action or set- less technologies to the greatest extent prac- (2) PLACEMENT OF SPECIALIST.—Not later tlement based on tort related to the attack ticable. than July 31, 2005, the Secretary of State on the U.S.S. Cole on October 12, 2000. (c) SPECTRUM ALLOCATION.—The Assistant shall, in coordination with the Secretary of ‘‘(ii) EXCEPTION.—Clause (i) shall not Secretary for Communications and Informa- Homeland Security, identify 100 of such apply to compensation received from a civil tion, acting as the Administrator of the Na- posts that experience the greatest frequency action against any person who is a knowing tional Telecommunications and Information of presentation of fraudulent documents by participant in any conspiracy to commit any Administration (referred to in this section as visa applicants. The Secretary of State shall terrorist act. the ‘‘Administrator’’), in cooperation with place in each such post at least one full-time ‘‘(E) VICTIMS OF ATTACK.—An individual the Federal Communications Commission, anti-fraud specialist employed by the De- who suffered death as a result of an attack other Federal agencies with responsibility partment of State to assist the consular offi- described in subparagraph (C)(i) shall not be for managing radio frequency spectrum, and cers at each such post in the detection of an eligible individual by reason of that at- the Secretary of Homeland Security, shall such fraud. tack, unless that individual is or was a develop, not later than June 1, 2005, a plan to SEC. 402. INCREASE IN FULL-TIME BORDER PA- United States citizen.’’. dedicate sufficient radio frequency spectrum TROL AGENTS. (C) INELIGIBILITY OF PARTICIPANTS AND for the Network. The Secretary of Homeland Security, in CONSPIRATORS.—Section 405(c) is amended by (d) REPORTING REQUIREMENT.—Not later each of fiscal years 2006 through 2010, shall adding at the end the following: than January 31, 2005, the Administrator, in increase by not less than 2,000 the number of S10090 CONGRESSIONAL RECORD — SENATE September 30, 2004

positions for full-time active duty border pa- ‘‘(B) JURISDICTION.—There is Federal juris- ‘‘(i) is a terrorist organization; trol agents within the Department of Home- diction over an offense under this paragraph ‘‘(ii) has engaged or engages in terrorist land Security above the number of such posi- if— activity (as defined in section 212(a)(3)(B) of tions for which funds were allotted for the ‘‘(i) the offense occurs in or affects inter- the Immigration and Nationality Act (8 preceding fiscal year. state or foreign commerce; U.S.C. 1182(a)(3)(B)); or SEC. 403. INCREASE IN FULL-TIME IMMIGRATION ‘‘(ii) the act of terrorism is an act of inter- ‘‘(iii) has engaged or engages in terrorism AND CUSTOMS ENFORCEMENT IN- national or domestic terrorism that violates (as defined in section 140(d)(2) of the Foreign VESTIGATORS. the criminal law of the United States; Relations Authorization Act, Fiscal Years The Secretary of Homeland Security, in ‘‘(iii) the act of terrorism is an act of do- 1988 and 1989 (22 U.S.C. 2656f(d)(2)).’’. each of fiscal years 2006 through 2010, shall mestic terrorism that appears to be intended (d) JURISDICTION.—Section 2339B(d) of title increase by not less than 800 the number of to influence the policy, or affect the conduct, 18, United States Code, is amended to read as positions for full-time active duty investiga- of the Government of the United States or a follows: tors within the Department of Homeland Se- foreign government; ‘‘(d) JURISDICTION.— curity investigating violations of immigra- ‘‘(iv) the act of terrorism is an act of inter- ‘‘(1) IN GENERAL.—There is jurisdiction tion laws (as defined in section 101(a)(17) of national terrorism that appears to be in- over an offense under subsection (a) if— the Immigration and Nationality Act (8 tended to influence the policy, or affect the ‘‘(A) an offender is a national of the United U.S.C. 1101(a)(17)) above the number of such conduct, of the Government of the United States (as defined in section 101(a)(22) of the positions for which funds were allotted for States or a foreign government, and an of- Immigration and Nationality Act (8 U.S.C. the preceding fiscal year. At least half of fender, acting within the United States or 1101(a)(22)) or an alien lawfully admitted for these additional investigators shall be des- outside the territorial jurisdiction of the permanent residence in the United States (as ignated to investigate potential violations of United States, is— defined in section 101(a)(20) of such Act); section 274A of the Immigration and Nation- ‘‘(I) a national of the United States (as de- ‘‘(B) an offender is a stateless person whose ality Act (8 U.S.C 25 1324a). Each State shall fined in section 101(a)(22) of the Immigration habitual residence is in the United States; be allotted at least 3 of these additional in- and Nationality Act (8 U.S.C. 1101(a)(22)); ‘‘(C) an offender is brought in or found in vestigators. ‘‘(II) an alien lawfully admitted for perma- the United States after the conduct required nent residence in the United States (as de- for the offense occurs, even if such conduct SA 3820. Mr. KYL submitted an fined in section 101(a)(20) of such Act); or occurs outside the United States; amendment intended to be proposed by ‘‘(III) a stateless person whose habitual ‘‘(D) the offense occurs in whole or in part him to the bill S. 2845, to reform the in- residence is in the United States; within the United States; telligence community and the intel- ‘‘(v) the act of terrorism is an act of inter- ‘‘(E) the offense occurs in or affects inter- ligence and intelligence-related activi- national terrorism that appears to be in- state or foreign commerce; or ties of the United States Government, tended to influence the policy, or affect the ‘‘(F) an offender aids or abets any person, and for other purposes; which was or- conduct, of the Government of the United over whom jurisdiction exists under this paragraph, in committing an offense under dered to lie on the table; as follows: States or a foreign government, and an offender, acting within the United States, is an subsection (a) or conspires with any person, At the appropriate place, insert the fol- alien; over whom jurisdiction exists under this lowing: ‘‘(vi) the act of terrorism is an act of inter- paragraph, to commit an offense under sub- SEC. ll. DENIAL OF FEDERAL BENEFITS TO national terrorism that appears to be in- section (a). CONVICTED TERRORISTS. tended to influence the policy, or affect the ‘‘(2) EXTRATERRITORIAL JURISDICTION.— (a) IN GENERAL.—Chapter 113B of title 18, conduct, of the Government of the United There is extraterritorial Federal jurisdiction United States Code, as amended by this Act, States, and an offender, acting outside the over an offense under this section.’’. is further amended by adding at the end the territorial jurisdiction of the United States, (e) PROVISION OF PERSONNEL.—Section following: is an alien; or 2339B of title 18, United States Code, is ‘‘§ 2339E. Denial of Federal benefits to terror- ‘‘(vii) an offender aids or abets any person amended— ists over whom jurisdiction exists under this (1) by redesignating subsection (g) as sub- ‘‘(a) IN GENERAL.—Any individual who is paragraph in committing an offense under section (h); and convicted of a Federal crime of terrorism (as this paragraph or conspires with any person (2) by adding after subsection (f) the fol- defined in section 2332b(g)) shall, as provided over whom jurisdiction exists under this lowing: by the court on motion of the Government, paragraph to commit an offense under this ‘‘(g) PROVISION OF PERSONNEL.—No person be ineligible for any or all Federal benefits paragraph.’’; and may be prosecuted under this section in con- for any term of years or for life. (4) by inserting ‘‘act or’’ after ‘‘under- nection with the term ‘personnel’ unless that ‘‘(b) FEDERAL BENEFIT DEFINED.—As used lying’’. person has knowingly provided, attempted to in this section, ‘Federal benefit’ has the (b) DEFINITIONS.—Section 2339A(b) of title provide, or conspired to provide a foreign meaning given that term in section 421(d) of 18, United States Code, is amended to read as terrorist organization with 1 or more indi- the Controlled Substances Act (21 U.S.C. follows— viduals (who may be or include that person) 862(d)).’’. ‘‘(b) DEFINITIONS.—As used in this section— to work under that terrorist organization’s (b) CHAPTER ANALYSIS.—The table of sec- ‘‘(1) the term ‘material support or re- direction or control or to organize, manage, tions of chapter 113B of title 18, United sources’ means any property (tangible or in- supervise, or otherwise direct the operation States Code, is amended by inserting at the tangible) or service, including currency or of that organization. Any person who acts end the following: monetary instruments or financial securi- entirely independently of the foreign ter- ‘‘2339E. Denial of Federal benefits to terror- ties, financial services, lodging, training, ex- rorist organization to advance its goals or ists.’’. pert advice or assistance, safehouses, false objectives shall not be considered to be working under the foreign terrorist organiza- SEC. ll. PROVIDING MATERIAL SUPPORT TO documentation or identification, commu- tion’s direction or control.’’. TERRORISM. nications equipment, facilities, weapons, le- (a) IN GENERAL.—Section 2339A(a) of title thal substances, explosives, personnel (1 or SEC. ll. RECEIVING MILITARY TYPE TRAINING 18, United States Code, is amended— FROM A FOREIGN TERRORIST ORGA- more individuals who may be or include one- NIZATION. (1) by striking ‘‘Whoever’’ and inserting self), and transportation, except medicine or (a) PROHIBITION AS TO CITIZENS AND RESI- the following: religious materials; DENTS.— ‘‘(1) IN GENERAL.—Any person who’’; ‘‘(2) the term ‘training’ means instruction (1) IN GENERAL.—Chapter 113B of title 18, (2) by striking ‘‘A violation’’ and inserting or teaching designed to impart a specific United States Code, is amended by adding the following: skill, rather than general knowledge; and after section 2339E the following: ‘‘(3) PROSECUTION.—A violation’’; ‘‘(3) the term ‘expert advice or assistance’ ‘‘§ 2339F. Receiving military-type training (3) by inserting after paragraph (1) the fol- means advice or assistance derived from sci- from a foreign terrorist organization lowing: entific, technical, or other specialized ‘‘(2) ADDITIONAL OFFENSE.— knowledge.’’. ‘‘(a) OFFENSE.— ‘‘(A) IN GENERAL.—Any person who pro- (c) MATERIAL SUPPORT TO FOREIGN TER- ‘‘(1) IN GENERAL.—Whoever knowingly re- vides material support or resources or con- RORIST ORGANIZATION.—Section 2339B(a)(1) of ceives military-type training from or on be- ceals or disguises the nature, location, title 18, United States Code, is amended— half of any organization designated at the source, or ownership of material support or (1) by striking ‘‘Whoever, within the time of the training by the Secretary of resources, knowing or intending that they United States or subject to the jurisdiction State under section 219(a)(1) of the Immigra- are to be used in preparation for, or in car- of the United States,’’ and inserting the fol- tion and Nationality Act (8 U.S.C. 1189(a)(1)) rying out, an act of international or domes- lowing: as a foreign terrorist organization, shall be tic terrorism, or in the preparation for, or in ‘‘(A) IN GENERAL.—Any person who’’; and fined under this title, imprisoned for ten carrying out, the concealment or escape (2) by adding at the end the following: years, or both. from the commission of any such act, or at- ‘‘(B) KNOWLEDGE REQUIREMENT.—A person ‘‘(2) KNOWLEDGE REQUIREMENT.—To violate tempts or conspires to do so, shall be pun- cannot violate this paragraph unless the per- paragraph (1), a person must have knowledge ished as provided under paragraph (1) for an son has knowledge that the organization re- that the organization is a designated ter- offense under that paragraph. ferred to in subparagraph (A)— rorist organization (as defined in subsection September 30, 2004 CONGRESSIONAL RECORD — SENATE S10091 (c)(4)), that the organization has engaged or 212(a)(3)(B)(i) of the Immigration and Na- him to the bill S. 2845, to reform the in- engages in terrorist activity (as defined in tionality Act (8 U.S.C. 1182(a)(3)(B)(i)) is telligence community and the intel- section 212 of the Immigration and Nation- amended— ligence and intelligence-related activi- ality Act (8 U.S.C. 1182(a)(3)(B)), or that the (1) by striking ‘‘is inadmissable. An alien ties of the United States Government, who is an officer, official, representative, or organization has engaged or engages in ter- and for other purposes; which was or- rorism (as defined in section 140(d)(2) of the spokesman of the Palestine Liberation Orga- Foreign Relations Authorization Act, Fiscal nization is considered, for purposes of this dered to lie on the table; as follows: Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)). chapter, to be engaged in a terrorist activ- On page 154, lines 12 and 13, strike ‘‘, regu- ‘‘(b) JURISDICTION.— ity.’’; and lations,’’ and insert ‘‘and approve regula- ‘‘(1) IN GENERAL.—There is jurisdiction (2) by inserting after subclause (VII) the tions’’. over an offense under subsection (a) if— following: On page 154, strike line 16 and insert ‘‘and ‘‘(A) an offender is a national of the United ‘‘(VIII) has received military-type training information collection guidelines under sec- States (as defined in 101(a)(22) of the Immi- (as defined in section 2339D(c)(1) of title 18, tion 206;’’. On page 154, line 21, strike ‘‘205(g)’’ and in- gration and Nationality Act (8 U.S.C. United States Code) from or on behalf of any organization that, at the time the training sert ‘‘206’’. 1101(a)(22)), or an alien lawfully admitted for On page 156, line 4, strike ‘‘205(g)’’ and in- was received, was a terrorist organization permanent residence in the United States (as sert ‘‘206’’. under section 212(a)(3)(B)(vi), defined in section 101(a)(20) of the Immigra- On page 156, line 6, strike ‘‘and’’ after the tion and Nationality Act (8 U.S.C. is inadmissible. An alien who is an officer, semicolon. 1101(a)(20)); official, representative, or spokesman of the On page 156, between lines 6 and 7, insert ‘‘(B) an offender is a stateless person whose Palestine Liberation Organization is consid- the following: habitual residence is in the United States; ered, for purposes of this chapter, to be en- (C) the practices of the departments, agen- ‘‘(C) after the conduct required for the of- gaged in a terrorist activity.’’. cies, and elements of the executive branch in fense occurs an offender is brought into or (c) INADMISSIBILITY OF REPRESENTATIVES acquiring access to the information stored found in the United States, even if the con- AND MEMBERS OF TERRORIST ORGANIZA- and used by non-governmental entities; and duct required for the offense occurs outside TIONS.—Section 212(a)(3)(B)(i) of the Immi- On page 156, line 7, strike ‘‘(C)’’ and insert the United States; gration and Nationality Act (8 U.S.C. ‘‘(D)’’. ‘‘(D) the offense occurs in whole or in part 1182(a)(3)(B)(i)) is amended— within the United States; (1) in subclause (IV), by striking item (aa) SA 3823. Ms. COLLINS (for Mr. ‘‘(E) the offense occurs in or affects inter- and inserting the following: VOINOVICH) proposed an amendment to state or foreign commerce; and ‘‘(aa) a terrorist organization as defined the bill S. 2845, to reform the intel- ‘‘(F) an offender aids or abets any person under section 212(a)(3)(B)(vi), or’’; and ligence community and the intel- over whom jurisdiction exists under this (2) by striking subclause (V) and inserting ligence and intelligence-related activi- paragraph in committing an offense under the following: ‘‘(V) is a member of— ties of the United States Government, subsection (a), or conspires with any person and for other purposes; as follows: over whom jurisdiction exists under this ‘‘(aa) a terrorist organization as defined paragraph to commit an offense under sub- under section 212(a)(3)(B)(vi); or At the appropriate place insert the fol- section (a). ‘‘(bb) an organization which the alien lowing: knows or should have known is a terrorist ll ‘‘(2) EXTRATERRITORIAL JURISDICTION.— SEC. . FINANCIAL DISCLOSURE AND There is extraterritorial Federal jurisdiction organization,’’. RECORDS. (d) DEPORTATION OF ALIENS WHO HAVE RE- (a) STUDY.—Not later than 180 days after over an offense under this section. CEIVED MILITARY-TYPE TRAINING FROM TER- the date of enactment of this Act, the Office ‘‘(c) DEFINITIONS.—In this section: RORIST ORGANIZATIONS.—Section 237(a)(4) of of Government Ethics shall submit to Con- ‘‘(1) MILITARY-TYPE TRAINING.—The term the Immigration and Nationality Act (8 gress a report— ‘military-type training’ means training in U.S.C. 1227(a)(4)) is amended by adding at the (1) evaluating the financial disclosure means or methods that can cause death or end the following: process for employees of the executive serious bodily injury, destroy or damage ‘‘(E) RECIPIENT OF MILITARY-TYPE TRAIN- branch of Government; and property, or disrupt services to critical infra- ING.—Any alien who has received military- (2) making recommendations for improving structure, or training on the use, storage, type training (as defined in section that process. production, or assembly of any explosive, 2339D(c)(1) of title 18, United States Code) (b) TRANSMITTAL OF RECORD RELATING TO firearm or other weapon, including any from or on behalf of any organization that, PRESIDENTIALLY APPOINTED POSITIONS TO weapon of mass destruction (as defined in at the time the training was received, was a PRESIDENTIAL CANDIDATES.— section 2232a(c)(2)). terrorist organization under section (1) DEFINITION.—In this section, the term ‘‘(2) SERIOUS BODILY INJURY.—The term ‘se- 212(a)(3)(B)(vi), is deportable.’’. ‘‘major party’’ has the meaning given that rious bodily injury’ has the meaning given (e) RETROACTIVE APPLICATION.—The term under section 9002(6) of the Internal that term in section 1365(h)(3). amendments made by subsections (b), (c), Revenue Code of 1986. RITICAL INFRASTRUCTURE ‘‘(3) C .—The term and (d) shall apply to the receipt of military (2) TRANSMITTAL.— ‘critical infrastructure’ means systems and training occuring before, on, or after the (A) IN GENERAL.—Not later than 15 days assets vital to national defense, national se- date of enactment of this Act. after the date on which a major party nomi- curity, economic security, public health, or nates a candidate for President, the Office of safety, including both regional and national SA 3821. Mr. HARKIN submitted an Personnel Management shall transmit an infrastructure. Critical infrastructure may amendment intended to be proposed by electronic record to that candidate on Presi- be publicly or privately owned. Examples of him to the bill S. 2845, to reform the in- dentially appointed positions. critical infrastructure include gas and oil telligence community and the intel- (B) OTHER CANDIDATES.—After making production, storage, or delivery systems, ligence and intelligence-related activi- transmittals under subparagraph (A), the Of- water supply systems, telecommunications ties of the United States Government, fice of Personnel Management may transmit networks, electrical power generation or de- and for other purposes; which was or- an electronic record on Presidentially ap- livery systems, financing and banking sys- pointed positions to any other candidate for tems, emergency services (including medical, dered to lie on the table; as follows: On page 158, line 9, strike the period and President. police, fire, and rescue services), and trans- (3) CONTENT.—The record transmitted portation systems and services (including insert ‘‘, including information regarding privacy and civil liberties violations, which under this subsection shall provide— highways, mass transit, airlines, and air- (A) all positions which are appointed by ports). are made by departments, agencies, or elements of the executive branch, of regula- the President, including the title and de- ‘‘(4) FOREIGN TERRORIST ORGANIZATION.— scription of the duties of each position; The term ‘foreign terrorist organization’ tions, policies, or guidelines concerning information sharing and information collec- (B) the name of each person holding a posi- means an organization designated as a ter- tion described under subparagraph (A); rorist organization under section 219 (a)(1) of tion; and’’. On page 158, between lines 9 and 10 insert (C) any vacancy in the positions described the Immigration and Nationality Act (8 the following: under subparagraph (A), and the period of U.S.C. 1189(a)(1)).’’. (C) the minority views on any findings, time any such position has been vacant; (2) TECHNICAL AND CONFORMING AMEND- conclusions, and recommendations of the (D) the date on which an appointment MENT.—The table of sections for chapter 113B Board resulting from its advice and over- made after the applicable Presidential elec- of title 18, United States Code, is amended by sight functions under subsection (d). tion for any position described under sub- adding at the end the following: On page 160, line 6, insert ‘‘and the Na- paragraph (A) is necessary to ensure effec- ‘‘2339F. Receiving military-type training tional Intelligence Director and committees tive operation of the Government; and from a foreign terrorist organi- of Congress described under subsection (E) any other information that the Office zation.’’. (e)(1)(B)(i)(I),’’ after ‘‘concerned’’. of Personnel Management determines is use- (b) INADMISSIBILITY OF ALIENS WHO HAVE ful in making appointments. RECEIVED MILITARY-TYPE TRAINING FROM SA 3822. Mr. HARKIN submitted an (c) REDUCTION OF POSITIONS REQUIRING AP- TERRORIST ORGANIZATIONS.—Section amendment intended to be proposed by POINTMENT WITH SENATE CONFIRMATION.— S10092 CONGRESSIONAL RECORD — SENATE September 30, 2004

(1) DEFINITION.—In this subsection, the (3) in subsection (c)(1), by inserting ‘‘, cap- ‘‘(2) the term ‘heave to’ means to cause a term ‘‘agency’’ means an Executive agency tain of the seaport,’’ after ‘‘airport author- vessel to slow, come to a stop, or adjust its as defined under section 105 of title 5, United ity’’; and course or speed to account for the weather States Code. (4) in the section heading, by inserting ‘‘or conditions and sea state to facilitate a law (2) REDUCTION PLAN.— seaport’’ after ‘‘airport’’. enforcement boarding; (A) IN GENERAL.—Not later than 180 days (b) TECHNICAL AND CONFORMING AMEND- ‘‘(3) the term ‘vessel subject to the juris- after the date of enactment of this Act, the MENT.—The table of sections for chapter 47 of diction of the United States’ has the mean- head of each agency shall submit a Presi- title 18, United States Code, is amended by ing given the term in section 2(c) of the Mar- dential appointment reduction plan to— striking the matter relating to section 1036 itime Drug Law Enforcement Act (46 App. (i) the President; and inserting the following: U.S.C. 1903(b)); and (ii) the Committee on Governmental Af- ‘‘1036. Entry by false pretenses to any real ‘‘(4) the term ‘vessel of the United States’ fairs of the Senate; and property, vessel, or aircraft of has the meaning given the term in section (iii) the Committee on Government Reform the United States or secure 2(c) of the Maritime Drug Law Enforcement of the House of Representatives. area of any airport or seaport.’’. Act (46 App. U.S.C. 1903(b)). (B) CONTENT.—The plan under this para- ‘‘(e) Any person who intentionally violates (c) DEFINITION OF SEAPORT.—Chapter 1 of graph shall provide for the reduction of— title 18, United States Code, is amended by the provisions of this section shall be fined (i) the number of positions within that adding at the end the following: under this title, imprisoned for not more agency that require an appointment by the than 5 years, or both.’’. President, by and with the advice and con- ‘‘§ 25. Definition of seaport (b) TECHNICAL AND CONFORMING AMEND- sent of the Senate; and ‘‘As used in this title, the term ‘seaport’ MENT.—The table of sections for chapter 109, (ii) the number of levels of such positions means all piers, wharves, docks, and similar title 18, United States Code, is amended by within that agency. structures to which a vessel may be secured, inserting after the item for section 2236 the (d) OFFICE OF GOVERNMENT ETHICS REVIEW areas of land, water, or land and water under following: and in immediate proximity to such struc- OF CONFLICT OF INTEREST LAW.— ‘‘2237. Criminal sanctions for failure to heave tures, buildings on or contiguous to such (1) IN GENERAL.—Not later than 180 days to, obstruction of boarding, or structures, and the equipment and materials after the date of enactment of this Act, the providing false information.’’. Director of the Office of Government Ethics, on such structures or in such buildings.’’. ll (d) TECHNICAL AND CONFORMING AMEND- SEC. 04. USE OF A DANGEROUS WEAPON OR in consultation with the Attorney General of EXPLOSIVE ON A PASSENGER VES- MENT.—The table of sections for chapter 1 of the United States, shall conduct a com- SEL. title 18 is amended by inserting after the prehensive review of conflict of interest laws Section 1993 of title 18, United States Code, matter relating to section 24 the following: relating to Federal employment and submit is amended— a report to— ‘‘25. Definition of seaport.’’. (1) in subsection (a)— (A) the President; SEC. ll03. CRIMINAL SANCTIONS FOR FAILURE (A) in paragraph (1), by inserting ‘‘, pas- (B) the Committee on Governmental Af- TO HEAVE TO, OBSTRUCTION OF senger vessel,’’ after ‘‘transportation vehi- fairs of the Senate; BOARDING, OR PROVIDING FALSE cle’’; INFORMATION. (C) the Committee on the Judiciary of the (B) in paragraphs (2)— (a) OFFENSE.—Chapter 109 of title 18, Senate; (i) by inserting ‘‘, passenger vessel,’’ after United States Code, is amended by adding at (D) the Committee on Government Reform ‘‘transportation vehicle’’; and the end the following: of the House of Representatives; and (ii) by inserting ‘‘or owner of the passenger (E) the Committee on the Judiciary of the ‘‘§ 2237. Criminal sanctions for failure to vessel’’ after ‘‘transportation provider’’ each House of Representatives. heave to, obstruction of boarding, or pro- place that term appears; (2) CONTENT.—The report under this sub- viding false information (C) in paragraph (3)— section shall— ‘‘(a)(1) It shall be unlawful for the master, (i) by inserting ‘‘, passenger vessel,’’ after (A) examine all Federal criminal conflict operator, or person in charge of a vessel of ‘‘transportation vehicle’’ each place that of interest laws relating to Federal employ- the United States, or a vessel subject to the term appears; and ment, including the relevant provisions of jurisdiction of the United States, to know- (ii) by inserting ‘‘or owner of the passenger chapter 11 of title 18, United States Code; ingly fail to obey an order by an authorized vessel’’ after ‘‘transportation provider’’ each and Federal law enforcement officer to heave to place that term appears; (B) related civil conflict of interest laws, that vessel. (D) in paragraph (5)— including regulations promulgated under ‘‘(2) It shall be unlawful for any person on (i) by inserting ‘‘, passenger vessel,’’ after section 402 of the Ethics in Government Act board a vessel of the United States, or a ves- ‘‘transportation vehicle’’; and of 1978 (5 U.S.C. App.). sel subject to the jurisdiction of the United (ii) by inserting ‘‘or owner of the passenger States, to— vessel’’ after ‘‘transportation provider’’; and SA 3824. Mr. BIDEN (for himself and ‘‘(A) forcibly resist, oppose, prevent, im- (E) in paragraph (6), by inserting ‘‘or owner Mr. SPECTER, and Mr. KYL) submitted pede, intimidate, or interfere with a board- of a passenger vessel’’ after ‘‘transportation an amendment intended to be proposed ing or other law enforcement action author- provider’’ each place that term appears; by him to the bill S. 2845, to reform the ized by any Federal law, or to resist a lawful (2) in subsection (b)(1), by inserting ‘‘, pas- intelligence community and the intel- arrest; or senger vessel,’’ after ‘‘transportation vehi- ligence and intelligence-related activi- ‘‘(B) provide information to a Federal law cle’’; and enforcement officer during a boarding of a (3) in subsection (c)— ties of the United States Government, vessel regarding the vessel’s destination, ori- (A) by redesignating paragraphs (6) and for other purposes; as follows: gin, ownership, registration, nationality, through (8) as paragraphs (7) through (9) re- At the appropriate place, insert the fol- cargo, or crew, which that person knows is spectively; and lowing new title: false. (B) by inserting after paragraph (5) the fol- TITLE ll—REDUCING CRIME AND ‘‘(b) This section does not limit the author- lowing: TERRORISM AT AMERICA’S SEAPORTS ity of a customs officer under section 581 of ‘‘(6) the term ‘passenger vessel’ has the the Tariff Act of 1930 (19 U.S.C. 1581), or any meaning given that term in section 2101(22) SEC. ll01. SHORT TITLE. other provision of law enforced or adminis- of title 46, United States Code, and includes This title may be cited as the ‘‘Reducing tered by the Secretary of the Treasury or the a small passenger vessel, as that term is de- Crime and Terrorism at America’s Seaports Undersecretary for Border and Transpor- fined under section 2101(35) of that title.’’. Act of 2004’’. tation Security of the Department of Home- SEC. ll05. CRIMINAL SANCTIONS FOR VIO- SEC. ll02. ENTRY BY FALSE PRETENSES TO ANY land Security, or the authority of any Fed- LENCE AGAINST MARITIME NAVIGA- SEAPORT. eral law enforcement officer under any law TION, PLACEMENT OF DESTRUCTIVE (a) IN GENERAL.—Section 1036 of title 18, of the United States, to order a vessel to DEVICES, AND MALICIOUS DUMPING. United States Code, is amended— stop or heave to. (a) VIOLENCE AGAINST MARITIME NAVIGA- (1) in subsection (a)— ‘‘(c) A foreign nation may consent or waive TION.—Section 2280(a) of title 18, United (A) in paragraph (2), by striking ‘‘or’’ at objection to the enforcement of United States Code, is amended— the end; States law by the United States under this (1) in paragraph (1)— (B) by redesignating paragraph (3) as para- section by radio, telephone, or similar oral (A) in subparagraph (H), by striking ‘‘(G)’’ graph (4); and or electronic means. Consent or waiver may and inserting ‘‘(H)’’; (C) by inserting after paragraph (2) the fol- be proven by certification of the Secretary of (B) by redesignating subparagraphs (F), lowing: State or the designee of the Secretary of (G), and (H) as subparagraphs (G), (H), and ‘‘(3) any secure or restricted area (as that State. (I), respectively; and term is defined under section 2285(c)) of any ‘‘(d) In this section— (C) by inserting after subparagraph (E) the seaport; or’’; ‘‘(1) the term ‘Federal law enforcement of- following: (2) in subsection (b)(1), by striking ‘‘5’’ and ficer’ has the meaning given the term in sec- ‘‘(F) destroys, seriously damages, alters, inserting ‘‘10’’; tion 115(c); moves, or tampers with any aid to maritime September 30, 2004 CONGRESSIONAL RECORD — SENATE S10093

navigation maintained by the Saint Law- term in section 2101(15) of title 46, United ‘‘(b) DEFINED TERM.—In this section, the rence Seaway Development Corporation States Code. term ‘terrorist’ means any person who in- under the authority of section 4 of the Act of ‘‘(4) NAVIGABLE WATERS.—The term ‘navi- tends to commit, or is avoiding apprehension May 13, 1954 (33 U.S.C. 984), by the Coast gable waters’ has the meaning given the after having committed, an offense listed Guard pursuant to section 81 of title 14, term in section 1362(7) of title 33, and also in- under section 2332b(g)(5)(B).’’. United States Code, or lawfully maintained cludes the territorial sea of the United (b) TECHNICAL AND CONFORMING AMEND- under authority granted by the Coast Guard States as described in Presidential Procla- MENT.—The table of sections for chapter 111 pursuant to section 83 of title 14, United mation 5928 of December 27, 1988. of title 18, United States Code, as amended States Code, if such act endangers or is like- ‘‘(5) NOXIOUS LIQUID SUBSTANCE.—The term by this title, is amended by adding at the ly to endanger the safe navigation of a ‘noxious liquid substance’ has the meaning end the following: ship;’’; and given the term in the MARPOL Protocol de- ‘‘2283. Transportation of explosive, chemical, (2) in paragraph (2) by striking ‘‘(C) or (E)’’ fined in section 2(1) of the Act to Prevent biological, or radioactive or nu- and inserting ‘‘(C), (E), or (F)’’. Pollution from Ships (33 U.S.C. 1901(a)(3)).’’. clear materials. (b) PLACEMENT OF DESTRUCTIVE DEVICES.— (2) TECHNICAL AND CONFORMING AMEND- ‘‘2284. Transportation of terrorists.’’. (1) IN GENERAL.—Chapter 111 of title 18, MENT.—The table of sections for chapter 111 SEC. ll07. DESTRUCTION OR INTERFERENCE United States Code, is amended by adding of title 18, United States Code, is amended by WITH VESSELS OR MARITIME FA- after section 2280 the following: adding at the end the following: CILITIES. (a) IN GENERAL.—Title 18, United States ‘‘§ 2280A. Devices or substances in waters of ‘‘2282. Knowing discharge or release.’’. Code, is amended by inserting after chapter the United States likely to destroy or dam- SEC. ll06. TRANSPORTATION OF DANGEROUS 111 the following: age ships or to interfere with maritime MATERIALS AND TERRORISTS. ‘‘CHAPTER 111A—DESTRUCTION OF, OR commerce (a) TRANSPORTATION OF DANGEROUS MATE- INTERFERENCE WITH, VESSELS OR RIALS AND TERRORISTS.—Chapter 111 of title ‘‘(a) A person who knowingly places, or MARITIME FACILITIES causes to be placed, in navigable waters of 18, as amended by this title, is amended by the United States, by any means, a device or adding at the end the following: ‘‘Sec. substance which is likely to destroy or cause ‘‘2290. Jurisdiction and scope. ‘‘§ 2283. Transportation of explosive, biologi- ‘‘2291. Destruction of vessel or maritime fa- damage to a vessel or its cargo, or cause in- cal, chemical, or radioactive or nuclear ma- cility. terference with the safe navigation of ves- terials ‘‘2292. Imparting or conveying false informa- sels, or interference with maritime com- ‘‘(a) IN GENERAL.—Any person who know- tion. merce, such as by damaging or destroying ingly and willfully transports aboard any ‘‘2293. Bar to prosecution. marine terminals, facilities, and any other vessel within the United States, on the high ‘‘§2290. Jurisdiction and scope marine structure or entity used in maritime seas, or having United States nationality, an commerce, with the intent of causing such ‘‘(a) JURISDICTION.—There is jurisdiction explosive or incendiary device, biological over an offense under this chapter if the pro- destruction or damage, or interference with agent, chemical weapon, or radioactive or the safe navigation of vessels or with mari- hibited activity takes place— nuclear material, knowing that any such ‘‘(1) within the United States or within wa- time commerce, shall be fined under this item is intended to be used to commit an of- title, imprisoned for any term of years or for ters subject to the jurisdiction of the United fense listed under section 2332b(g)(5)(B), shall States; or life, or both; and if the death of any person be fined under this title, imprisoned for any results from conduct prohibited under this ‘‘(2) outside United States and— term of years or for life, or both; and if the ‘‘(A) an offender or a victim is a national subsection, may be punished by death. death of any person results from conduct ‘‘(b) Nothing in this section shall be con- of the United States (as that term is defined prohibited by this subsection, may be pun- under section 101(a)(22) of the Immigration strued to apply to otherwise lawfully author- ished by death. ized and conducted activities of the United and Nationality Act (8 U.S.C. 1101(a)(22)); ‘‘(b) DEFINITIONS.—In this section: States Government.’’. ‘‘(B) the activity involves a vessel in which ‘‘(1) BIOLOGICAL AGENT.—The term ‘biologi- a national of the United States was on board; (2) TECHNICAL AND CONFORMING AMEND- cal agent’ means any biological agent, toxin, MENT.—The table of sections for chapter 111 or or vector (as those terms are defined in sec- ‘‘(C) the activity involves a vessel of the of title 18, United States Code, is amended by tion 178). adding after the item related to section 2280 United States (as that term is defined under ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by- the following: section 2(c) of the Maritime Drug Law En- product material’ has the meaning given forcement Act (42 App. U.S.C. 1903(c)). ‘‘2280A. Devices or substances in waters of that term in section 11(e) of the Atomic En- ‘‘(b) SCOPE.—Nothing in this chapter shall the United States likely to de- ergy Act of 1954 (42 U.S.C. 2014(e)). apply to otherwise lawful activities carried stroy or damage ships or to ‘‘(3) CHEMICAL WEAPON.—The term ‘chem- out by or at the direction of the United interfere with maritime com- ical weapon’ has the meaning given that States Government. merce.’’. term in section 229F. ‘‘§ 2291. Destruction of vessel or maritime fa- (c) MALICIOUS DUMPING.— ‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The cility (1) IN GENERAL.—Chapter 111 of title 18, term ‘explosive or incendiary device’ has the ‘‘(a) OFFENSE.—Whoever willfully— meaning given the term in section 232(5). United States Code, is amended by adding at ‘‘(1) sets fire to, damages, destroys, dis- ‘‘(5) NUCLEAR MATERIAL.—The term ‘nu- the end the following: ables, or wrecks any vessel; clear material’ has the meaning given that ‘‘§ 2282. Knowing discharge or release ‘‘(2) places or causes to be placed a destruc- term in section 831(f)(1). ‘‘(a) ENDANGERMENT OF HUMAN LIFE.—Any tive device, as defined in section 921(a)(4), or ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra- person who knowingly discharges or releases destructive substance, as defined in section dioactive material’ means— oil, a hazardous material, a noxious liquid 13, in, upon, or in proximity to, or otherwise ‘‘(A) source material and special nuclear substance, or any other dangerous substance makes or causes to be made unworkable or material, but does not include natural or de- into the navigable waters of the United unusable or hazardous to work or use, any pleted uranium; States or the adjoining shoreline with the in- vessel, or any part or other materials used or ‘‘(B) nuclear by-product material; tent to endanger human life, health, or wel- intended to be used in connection with the ‘‘(C) material made radioactive by bom- fare shall be fined under this title and im- operation of a vessel; bardment in an accelerator; or prisoned for any term of years or for life. ‘‘(3) sets fire to, damages, destroys, or dis- ‘‘(D) all refined isotopes of radium. ‘‘(b) ENDANGERMENT OF MARINE ENVIRON- ables or places a destructive device or sub- ‘‘(7) SOURCE MATERIAL.—The term ‘source MENT.—Any person who knowingly dis- stance in, upon, or in proximity to, any mar- material’ has the meaning given that term charges or releases oil, a hazardous material, itime facility, including but not limited to, in section 11(z) of the Atomic Energy Act of a noxious liquid substance, or any other dan- any aid to navigation, lock, canal, or vessel 1954 (42 U.S.C. 2014(z)). gerous substance into the navigable waters traffic service facility or equipment, or ‘‘(8) SPECIAL NUCLEAR MATERIAL.—The term of the United States or the adjacent shore- interferes by force or violence with the oper- ‘special nuclear material’ has the meaning line with the intent to endanger the marine ation of such facility, if such action is likely given that term in section 11(aa) of the environment shall be fined under this title, to endanger the safety of any vessel in navi- Atomic Energy Act of 1954 (42 U.S.C. imprisoned not more than 30 years, or both. gation; 2014(aa)). ‘‘(c) DEFINITIONS.—In this section: ‘‘(4) sets fire to, damages, destroys, or dis- ‘‘(1) DISCHARGE.—The term ‘discharge’ ‘‘§ 2284. Transportation of terrorists ables or places a destructive device or sub- means any spilling, leaking, pumping, pour- ‘‘(a) IN GENERAL.—Any person who know- stance in, upon, or in proximity to, any ap- ing, emitting, emptying, or dumping. ingly and willfully transports any terrorist pliance, structure, property, machine, or ap- ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz- aboard any vessel within the United States, paratus, or any facility or other material ardous material’ has the meaning given the on the high seas, or having United States na- used, or intended to be used, in connection term in section 2101(14) of title 46, United tionality, knowing that the transported per- with the operation, maintenance, loading, States Code. son is a terrorist, shall be fined under this unloading, or storage of any vessel or any ‘‘(3) MARINE ENVIRONMENT.—The term ‘ma- title, imprisoned for any term of years or for passenger or cargo carried or intended to be rine environment’ has the meaning given the life, or both. carried on any vessel; S10094 CONGRESSIONAL RECORD — SENATE September 30, 2004 ‘‘(5) performs an act of violence against or by chapter 2, 97, or 111 of this title, to which and prosecution of offenses under section 659 incapacitates any individual on any vessel, if the imparted or conveyed false information of title 18, United States Code, as amended such act of violence or incapacitation is like- relates, as applicable. by this title. ly to endanger the safety of the vessel or ‘‘§ 2293. Bar to prosecution (e) REPORTING OF CARGO THEFT.—The At- those on board; torney General shall take the steps nec- ‘‘(a) IN GENERAL.—It is a bar to prosecution ‘‘(6) performs an act of violence against a under this chapter if— essary to ensure that reports of cargo theft person that causes or is likely to cause seri- ‘‘(1) the conduct in question occurred with- collected by Federal, State, and local offi- ous bodily injury, as defined in section 1365, in the United States in relation to a labor cials are reflected as a separate category in in, upon, or in proximity to, any appliance, dispute, and such conduct is prohibited as a the Uniform Crime Reporting System, or any structure, property, machine, or apparatus, felony under the law of the State in which it successor system, by not later than Decem- or any facility or other material used, or in- was committed; or ber 31, 2005. tended to be used, in connection with the op- ‘‘(2) such conduct is prohibited as a mis- SEC. ll09. INCREASED PENALTIES FOR NON- eration, maintenance, loading, unloading, or demeanor under the law of the State in COMPLIANCE WITH MANIFEST RE- QUIREMENTS. storage of any vessel or any passenger or which it was committed. (a) REPORTING, ENTRY, CLEARANCE RE- cargo carried or intended to be carried on ‘‘(b) DEFINITIONS.—In this section: QUIREMENTS.—Section 436(b) of the Tariff Act any vessel; ‘‘(1) LABOR DISPUTE.—The term ‘‘labor dis- of 1930 (19 U.S.C. 1436(b)) is amended by— ‘‘(7) communicates information, knowing pute’’ has the same meaning given that term (1) striking ‘‘or aircraft pilot’’ and insert- the information to be false and under cir- in section 113(c) of the Norris-LaGuardia Act ing ‘‘, aircraft pilot, operator, owner of such cumstances in which such information may (29 U.S.C. 113(c)). vessel, vehicle or aircraft or any other re- reasonably be believed, thereby endangering ‘‘(2) STATE.—The term ‘‘State’’ means a sponsible party (including non-vessel oper- the safety of any vessel in navigation; or State of the United States, the District of ating common carriers)’’; ‘‘(8) attempts or conspires to do anything Columbia, and any commonwealth, territory, (2) striking ‘‘$5,000’’ and inserting prohibited under paragraphs (1) through (7): or possession of the United States.’’. ‘‘$10,000’’; and shall be fined under this title or imprisoned (c) TECHNICAL AND CONFORMING AMEND- (3) striking ‘‘$10,000’’ and inserting not more than 20 years, or both. MENT.—The table of chapters at the begin- ‘‘(b) LIMITATION.—Subsection (a) shall not ning of title 18, United States Code, is ‘‘$25,000’’. (b) CRIMINAL PENALTY.—Section 436(c) of apply to any person that is engaging in oth- amended by inserting after the item for the Tariff Act of 1930 (19 U.S.C. 1436(c)) is erwise lawful activity, such as normal repair chapter 111 the following: and salvage activities, and the lawful trans- amended by striking ‘‘$2,000’’ and inserting ‘‘111A. Destruction of, or interference portation of hazardous materials. ‘‘$10,000’’. with, vessels or maritime facili- ‘‘(c) PENALTY.—Whoever is fined or impris- (c) FALSITY OR LACK OF MANIFEST.—Sec- ties ...... 2290’’. oned under subsection (a) as a result of an tion 584(a)(1) of the Tariff Act of 1930 (19 act involving a vessel that, at the time of SEC. ll08. THEFT OF INTERSTATE OR FOREIGN U.S.C. 1584(a)(1)) is amended by striking SHIPMENTS OR VESSELS. the violation, carried high-level radioactive ‘‘$1,000’’ in each place it occurs and inserting (a) THEFT OF INTERSTATE OR FOREIGN SHIP- waste (as that term is defined in section 2(12) ‘‘$10,000’’. MENTS.—Section 659 of title 18, United States of the Nuclear Waste Policy Act of 1982 (42 SEC. ll10. STOWAWAYS ON VESSELS OR AIR- Code, is amended— U.S.C. 10101(12)) or spent nuclear fuel (as CRAFT. (1) in the first undesignated paragraph— that term is defined in section 2(23) of the Section 2199 of title 18, United States Code, (A) by inserting ‘‘trailer,’’ after Nuclear Waste Policy Act of 1982 (42 U.S.C. is amended by striking ‘‘Shall be fined under ‘‘motortruck,’’; 10101(23)), shall be fined under title 18, im- this title or imprisoned not more than one (B) by inserting ‘‘air cargo container,’’ prisoned for a term up to life, or both. year, or both.’’ and inserting the following: after ‘‘aircraft,’’; and ‘‘(d) PENALTY WHEN DEATH RESULTS.—Who- ‘‘(1) shall be fined under this title, impris- ever is convicted of any crime prohibited by (C) by inserting ‘‘, or from any intermodal oned not more than 5 years, or both; subsection (a), which has resulted in the container, trailer, container freight station, ‘‘(2) if the person commits an act pro- death of any person, shall be subject also to warehouse, or freight consolidation facil- scribed by this section, with the intent to the death penalty or to imprisonment for ity,’’ after ‘‘air navigation facility’’; commit serious bodily injury, and serious life. (2) in the fifth undesignated paragraph, by bodily injury occurs (as defined under sec- striking ‘‘one year’’ and inserting ‘‘3 years’’; ‘‘(e) THREATS.—Whoever willfully imparts tion 1365, including any conduct that, if the or conveys any threat to do an act which and conduct occurred in the special maritime would violate this chapter, with an apparent (3) by inserting after the first sentence in and territorial jurisdiction of the United determination and will to carry the threat the eighth undesignated paragraph the fol- States, would violate section 2241 or 2242) to into execution, shall be fined under this lowing: ‘‘For purposes of this section, goods any person other than a participant as a re- title, imprisoned not more than 5 years, or and chattel shall be construed to be moving sult of a violation of this section, shall be both, and is liable for all costs incurred as a as an interstate or foreign shipment at all fined under this title, imprisoned not more result of such threat. points between the point of origin and the than 20 years, or both; and final destination (as evidenced by the way- ‘‘(3) if an individual commits an act pro- ‘‘§ 2292. Imparting or conveying false infor- bill or other shipping document of the ship- mation scribed by this section, with the intent to ment), regardless of any temporary stop cause death, and if the death of any person ‘‘(a) IN GENERAL.—Whoever imparts or con- while awaiting transshipment or other- other than a participant occurs as a result of veys or causes to be imparted or conveyed wise.’’. a violation of this section, shall be fined false information, knowing the information (b) STOLEN VESSELS.— under this title, imprisoned for any number to be false, concerning an attempt or alleged (1) IN GENERAL.—Section 2311 of title 18, of years or for life, or both.’’. attempt being made or to be made, to do any United States Code, is amended by adding at act which would be a crime prohibited by SEC. ll11. BRIBERY AFFECTING PORT SECU- the end the following: RITY. this chapter or by chapter 111 of this title, ‘‘ ‘Vessel’ means any watercraft or other (a) IN GENERAL.—Chapter 11 of title 18, shall be subject to a civil penalty of not contrivance used or designed for transpor- United States Code, is amended by adding at more than $5,000, which shall be recoverable tation or navigation on, under, or imme- the end the following: in a civil action brought in the name of the diately above, water.’’. United States. (2) TRANSPORTATION AND SALE OF STOLEN ‘‘§ 226. Bribery affecting port security ‘‘(b) MALICIOUS CONDUCT.—Whoever will- VESSELS.—Sections 2312 and 2313 of title 18, ‘‘(a) IN GENERAL.—Whoever knowingly— fully and maliciously, or with reckless dis- United States Code, are each amended by ‘‘(1) directly or indirectly, corruptly gives, regard for the safety of human life, imparts striking ‘‘motor vehicle or aircraft’’ each offers, or promises anything of value to any or conveys or causes to be imparted or con- place that term appears and inserting public or private person, with intent— veyed false information, knowing the infor- ‘‘motor vehicle, vessel, or aircraft’’. ‘‘(A) to commit international or domestic mation to be false, concerning an attempt or (c) REVIEW OF SENTENCING GUIDELINES.— terrorism (as that term is defined under sec- alleged attempt to do any act which would Pursuant to section 994 of title 28, United tion 2331); be a crime prohibited by this chapter or by States Code, the United States Sentencing ‘‘(B) to influence any action or any person chapter 111 of this title, shall be fined under Commission shall review the Federal Sen- to commit or aid in committing, or collude this title, imprisoned not more than 5 years, tencing Guidelines to determine whether in, or allow, any fraud, or make opportunity or both. sentencing enhancement is appropriate for for the commission of any fraud affecting ‘‘(c) JURISDICTION.— any offense under section 659 or 2311 of title any secure or restricted area or seaport; or ‘‘(1) IN GENERAL.—Except as provided under 18, United States Code, as amended by this ‘‘(C) to induce any official or person to do paragraph (2), section 2290(a) shall not apply title. or omit to do any act in violation of the fidu- to any offense under this section. (d) ANNUAL REPORT OF LAW ENFORCEMENT ciary duty of such official or person which ‘‘(2) JURISDICTION.—Jurisdiction over an of- ACTIVITIES.—The Attorney General shall an- affects any secure or restricted area or sea- fense under this section shall be determined nually submit to Congress a report, which port; or in accordance with the provisions applicable shall include an evaluation of law enforce- ‘‘(2) directly or indirectly, corruptly de- to the crime prohibited by this chapter, or ment activities relating to the investigation mands, seeks, receives, accepts, or agrees to September 30, 2004 CONGRESSIONAL RECORD — SENATE S10095 receive or accept anything of value person- ment, whose primary duty is to perform security officer, the State shall use the infor- ally or for any other person or entity in re- curity services, full- or part-time, for consid- mation received pursuant to this section in turn for— eration, whether armed or unarmed and in applying the State standards and shall only ‘‘(A) being influenced in the performance uniform or plain clothes (except for services notify the employer of the results of the ap- of any official act affecting any secure or re- excluded from coverage under this section if plication of the State standards. stricted area or seaport; and the Attorney General determines by regula- (E) FREQUENCY OF REQUESTS.—An author- ‘‘(B) knowing that such influence will be tion that such exclusion would serve the ized employer may request a criminal his- used to commit, or plan to commit, inter- public interest); but tory record information search for an em- national or domestic terrorism (B) does not include— ployee only once every 12 months of contin- ‘‘shall be fined under this title, imprisoned (i) employees whose duties are primarily uous employment by that employee unless not more than 15 years, or both. internal audit or credit functions; the authorized employer has good cause to ‘‘(b) DEFINITION.—In this section, the term (ii) employees of electronic security sys- submit additional requests. ‘secure or restricted area’ has the meaning tem companies acting as technicians or mon- (2) REGULATIONS.—Not later than 180 days given that term in section 2285(c).’’. itors; or after the date of enactment of this Act, the (b) TECHNICAL AND CONFORMING AMEND- (iii) employees whose duties primarily in- Attorney General shall issue such final or in- MENT.—The table of sections for chapter 11 of volve the secure movement of prisoners. terim final regulations as may be necessary title 18, United States Code, is amended by (4) SECURITY SERVICES.—The term ‘‘secu- to carry out this section, including— adding at the end the following: rity services’’ means acts to protect people (A) measures relating to the security, con- ‘‘226. Bribery affecting port security.’’. or property as defined by regulations pro- fidentiality, accuracy, use, submission, dis- mulgated by the Attorney General. semination, destruction of information and SA 3825. Mr. LEVIN (for himself and (5) STATE IDENTIFICATION BUREAU.—The audits, and recordkeeping; term ‘‘State identification bureau’’ means Mr. ALEXANDER) submitted an amend- (B) standards for qualification as an au- the State entity designated by the Attorney thorized employer; and ment intended to be propsed by him to General for the submission and receipt of the bill S. 2845, to reform the intel- (C) the imposition of reasonable fees nec- criminal history record information. essary for conducting the background ligence community and the intel- (d) CRIMINAL HISTORY RECORD INFORMATION checks. SEARCH.— ligence-related activities of the United (3) CRIMINAL PENALTIES FOR USE OF INFOR- (1) IN GENERAL.— States Government, and for other pur- MATION.—Whoever knowingly and inten- (A) SUBMISSION OF FINGERPRINTS.—An au- poses; which was ordered to lie on the tionally uses any information obtained pur- thorized employer may submit to the State table; as follows: suant to this section other than for the pur- identification bureau of a participating pose of determining the suitability of an in- At the appropriate place, insert the fol- State, fingerprints or other means of posi- dividual for employment as a private secu- lowing: tive identification, as determined by the At- rity officer shall be fined under title 18, SEC. ll. PRIVATE SECURITY OFFICER EMPLOY- torney General, of an employee of such em- United States Code, or imprisoned for not MENT AUTHORIZATION ACT OF 2004. ployer for purposes of a criminal history more than 2 years, or both. (a) SHORT TITLE.—This section may be record information search pursuant to this (4) USER FEES.— cited as the ‘‘Private Security Officer Em- section. (A) IN GENERAL.—The Director of the Fed- ployment Authorization Act of 2004’’. (B) EMPLOYEE RIGHTS.— eral Bureau of Investigation may— (b) FINDINGS.—Congress finds that— (i) PERMISSION.—An authorized employer (1) employment of private security officers shall obtain written consent from an em- (i) collect fees to process background in the United States is growing rapidly; ployee to submit to the State identification checks provided for by this section; and (2) private security officers function as an bureau of a participating State the request (ii) establish such fees at a level to include adjunct to, but not a replacement for, public to search the criminal history record infor- an additional amount to defray expenses for law enforcement by, among other things, mation of the employee under this section. the automation of fingerprint identification helping to protect critical infrastructure, in- (ii) ACCESS.—An authorized employer shall and criminal justice information services cluding hospitals, manufacturing facilities, provide to the employee confidential access and associated costs. defense and aerospace contractors, nuclear to any information relating to the employee (B) LIMITATIONS.—Any fee collected under power plants, chemical companies, oil and received by the authorized employer pursu- this subsection— gas refineries, airports, communication fa- ant to this section. (i) shall, consistent with Public Law 101– cilities and operations, and others; (C) PROVIDING INFORMATION TO THE STATE 515 and Public Law 104–99, be credited to the (3) the 9-11 Commission Report says that IDENTIFICATION BUREAU.—Upon receipt of a appropriation to be used for salaries and ‘‘Private sector preparedness is not a luxury; request for a criminal history record infor- other expenses incurred through providing it is a cost of doing business in the post-9/11 mation search from an authorized employer the services described in such Public Laws world. It is ignored at a tremendous poten- pursuant to this section, submitted through and in subparagraph (A); tial cost in lives, money, and national secu- the State identification bureau of a partici- (ii) shall be available for expenditure only rity’’ and endorsed adoption of the American pating State, the Attorney General shall— to pay the costs of such activities and serv- National Standards Institute’s standard for (i) search the appropriate records of the ices; and private preparedness; Criminal Justice Information Services Divi- (iii) shall remain available until expended. (4) part of improving private sector pre- sion of the Federal Bureau of Investigation; (C) STATE COSTS.—Nothing in this section paredness is mitigating the risks of terrorist and shall be construed as restricting the right of attack on critical infrastructure by ensuring (ii) promptly provide any resulting identi- a State to assess a reasonable fee on an au- that private security officers who protect fication and criminal history record infor- thorized employer for the costs to the State those facilities are properly screened to de- mation to the submitting State identifica- of administering this section. termine their suitability; tion bureau requesting the information. (5) STATE OPT OUT.—A State may decline to (5) the American public deserves the em- (D) USE OF INFORMATION.— participate in the background check system ployment of qualified, well-trained private (i) IN GENERAL.—Upon receipt of the crimi- authorized by this section by enacting a law security personnel as an adjunct to sworn nal history record information from the At- or issuing an order by the Governor (if con- law enforcement officers; and torney General by the State identification sistent with State law) providing that the (6) private security officers and applicants bureau, the information shall be used only as State is declining to participate pursuant to for private security officer positions should provided in clause (ii). this paragraph. be thoroughly screened and trained. (ii) TERMS.—In the case of— (c) DEFINITIONS.—In this section: (I) a participating State that has no State SA 3826. Mr. STEVENS (for himself, (1) EMPLOYEE.—The term ‘‘employee’’ in- standards for qualification to be a private se- Mr. WARNER, and Mr. INOUYE) sub- cludes both a current employee and an appli- curity officer, the State shall notify an au- mitted an amendment intended to be cant for employment as a private security thorized employer as to the fact of whether proposed by him to the bill S. 2845, to officer. an employee has been— reform the intelligence community and (2) AUTHORIZED EMPLOYER.—The term ‘‘au- (aa) convicted of a felony, an offense in- the intelligence and intelligence-re- thorized employer’’ means any person that— volving dishonesty or a false statement if lated activities of the United States (A) employs private security officers; and the conviction occurred during the previous Government, and for other purposes; (B) is authorized by regulations promul- 10 years, or an offense involving the use or gated by the Attorney General to request a attempted use of physical force against the which was ordered to lie on the table; criminal history record information search person of another if the conviction occurred as follows: of an employee through a State identifica- during the previous 10 years; or On page 84, beginning on line 8, strike tion bureau pursuant to this section. (bb) charged with a criminal felony for ‘‘joint operations’’ and insert ‘‘strategic (3) PRIVATE SECURITY OFFICER.— The term which there has been no resolution during planning’’. ‘‘private security officer’’— the preceding 365 days; or (A) means an individual other than an em- (II) a participating State that has State SA 3827. Mr. STEVENS submitted an ployee of a Federal, State, or local govern- standards for qualification to be a private se- amendment intended to be proposed by S10096 CONGRESSIONAL RECORD — SENATE September 30, 2004 him to the bill S. 2845, to reform the in- in the National Intelligence Authority until (b) NATIONAL INTEROPERABILITY STAND- telligence community and the intel- the National Intelligence Authority is estab- ARDS.—Not later than 180 days after the date ligence and intelligence-related activi- lished when section 101 takes effect; of enactment of this Act, the Secretary of ties of the United States Government, (3) section 331 and the amendments made Homeland Security, after consultation with by such section shall take effect 90 days appropriate representatives of Federal, and for other purposes; which was or- after the date of the enactment of this Act; State, and local government and first re- dered to lie on the table; as follows: and sponders, shall adopt, by regulation, na- On page 130, strike line 20 and all that fol- (4) a provision of this Act shall take effect tional interoperability goals and standards lows through page 153, line 2. on any earlier date that the President speci- that— fies for such provision in an exercise of the (1) set short-term, mid-term, and long- SA 3828. Mr. STEVENS (for himself, authority provided in subsection (b). term means and minimum performance Mr. INOUYE, and Mr. WARNER) sub- standards for Federal agencies, States, and mitted an amendment intended to be SA 3830. Mr. STEVENS (for himself, local governments; proposed by him to the bill S. 2845, to Mr. WARNER, and Mr. INOUYE) sub- (2) recognize— reform the intelligence community and mitted an amendment intended to be (A) the value, life cycle, and technical ca- proposed by him to the bill S. 2845, to pabilities of existing communications infra- the intelligence and intelligence-re- structure; lated activities of the United States reform the intelligence community and (B) the need for cross-border interoper- Government, and for other purposes; the intelligence and intelligence-re- ability between States and nations; which was ordered to lie on the table; lated activities of the United States (C) the unique needs of small, rural com- as follows: Government, and for other purposes; munities; and On page 7, line 12, strike ‘‘unless’’ and all which was ordered to lie on the table; (D) the interoperability needs for daily op- that follows through line 15 and insert as follows: erations and catastrophic events. (c) NATIONAL INTEROPERABILITY IMPLEMEN- ‘‘which the National Intelligence Director On page 28, beginning on line 16, strike ‘‘of TATION PLAN.— and the head of the department, agency, and the National Intelligence Director’’. (1) DEVELOPMENT.—Not later 180 days of element concerned agree to; but’’. On page 43, beginning on line 1, strike ‘‘OF the completion of the development of goals On page 12, line 22, strike ‘‘consultation’’ THE NATIONAL INTELLIGENCE DIREC- and standards under subsection (b), the Sec- and insert ‘‘coordination’’. TOR’’. On page 13, line 6, insert before the semi- On page 43, beginning on line 5, strike ‘‘of retary of Homeland Security shall develop colon the following: ‘‘as agreed to in accord- the National Intelligence Director’’ and in- an implementation plan that— ance with section 2(6)(A)(iii)’’. sert ‘‘for the National Intelligence Director (A) outlines the responsibilities of the De- On page 13, beginning on line 9, strike ‘‘the and the Director of the Central Intelligence partment of Homeland Security; and military intelligence’’ and all that follows Agency’’. (B) focuses on providing technical and fi- through line 11 and insert ‘‘the Joint Mili- On page 43, beginning on line 17, strike ‘‘of nancial assistance to States and local gov- tary Intelligence Program and the Tactical the National Intelligence Director’’. ernments for interoperability planning and Intelligence and Related Activities pro- On page 141, between lines 16 and 17, insert implementation. grams;’’. the following: (2) EXECUTION.—The Secretary shall exe- On page 21, beginning on line 20, strike (H) the Director of the Central Intelligence cute the plan developed under this sub- ‘‘military intelligence’’ and all that follows Agency or his designee; section as soon as practicable. through line 22 and insert ‘‘the Joint Mili- On page 141, line 16, strike ‘‘(H)’’ and insert (3) REPORTS.— tary Intelligence Program and the Tactical ‘‘(I)’’. (A) INITIAL REPORT.—Upon the completion Intelligence and Related Activities pro- On page 141, line 18, strike ‘‘(I)’’ and insert of the plan under subsection (c), the Sec- grams;’’. ‘‘(J)’’. retary shall submit a report that describes On page 22, strike lines 1 and 2 and insert On page 141, line 21, strike ‘‘(J)’’ and insert such plan to— the following: ‘‘(K)’’. (i) the Committee on Governmental Affairs heads of departments that contain elements On page 179, beginning on line 21, strike of the Senate; of the intelligence community; and ‘‘and coordination of’’ and all that follows (ii) the Committee on Environment and On page 22, line 3, insert ‘‘, in coordination through ‘‘elements of’’ beginning on line 23 Public Works of the Senate; and with the heads of the departments con- and insert ‘‘, and coordinate outside the (iii) the Select Committee on Homeland cerned,’’ after ‘‘overseeing’’. United States, the collection of national in- Security of the House of Representatives. On page 23, line 13, insert before the period telligence through human sources by agen- (B) ANNUAL REPORT.—Not later than 1 year the following: ‘‘as agreed to in accordance cies and organizations within’’. after the submission of the report under sub- with section 2(6)(A)(iii)’’. On page 194, beginning on line 23, strike paragraph (A), and annually thereafter, the ‘‘of the National Intelligence Director’’. Secretary shall submit a report to the com- SA 3829. Mr. STEVENS (for himself, mittees referred to in subparagraph (A) that Mr. WARNER, and Mr. INOUYE) sub- SA 3831. Mr. LAUTENBERG sub- describes the progress made in implementing mitted an amendment intended to be mitted an amendment intended to be the plan developed under this subsection. proposed by him to the bill S. 2845, to (d) INTERNATIONAL INTEROPERABILITY.—Not proposed by him to the bill S. 2845, to later than 1 year after the date of enactment reform the intelligence community and reform the intelligence community and of this Act, the President shall establish a the intelligence and intelligence-re- the intelligence and intelligence-re- mechanism for coordinating cross-border lated activities of the United States lated activities of the United States interoperability issues between— Government, and for other purposes; Government, and for other purposes; (1) the United States and Canada; and which was ordered to lie on the table; which was ordered to lie on the table; (2) the United States and Mexico. as follows: as follows: (e) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated for On page 59, line 14, strike ‘‘shall’’ and in- On page 212, strike lines 3 through 6, and each of the fiscal years 2005 through 2009— sert ‘‘may’’. insert the following: (1) such sums as may be necessary to carry (a) IN GENERAL.—This Act and the amend- Mr. JEFFORDS submitted out subsection (b); ments made by this Act shall take effect one SA 3832. (2) such sums as may be necessary to carry year after the date of the enactment of this an amendment intended to be proposed out subsection (c); and Act, except that— by him to the bill S. 2845, to reform the (3) such sums as may be necessary to carry (1) subsections (a) and (b) of section 102 (re- intelligence community and the intel- out subsection (d). lating to the establishment of the position of ligence and intelligence-related activi- National Intelligence Director) shall take ef- ties of the United States Government, SA 3833. Mr. AKAKA submitted an fect 90 days after the date of the enactment and for other purposes; which was or- amendment intended to be proposed by of this Act, and the President shall prescribe him to the bill S. 2845, to reform the in- the duties of the position of National Intel- dered to lie on the table; as follows: ligence Director that are to apply before sub- At the appropriate place, insert the fol- telligence community and the intel- sections (d) and (e) of such section take ef- lowing: ligence and intelligence-related activi- fect; SEC. ll. COMMUNICATIONS INTEROPER- ties of the United States Government, (2) section 143 (relating to the establish- ABILITY. and for other purposes; which was or- ment and operation of the National (a) DEFINITION.—As used in this section, dered to lie on the table; as follows: Counterterrorism Center) shall take effect 90 the term ‘‘interoperability’’ means the abil- At the appropriate place in the bill insert days after the date of the enactment of this ity of public safety service and support pro- the following: Act, and the National Counterterrorism Cen- viders to talk with each other via voice and SEC.. ter shall be operated without reference to its data on demand, in real time, when needed, Reported by the Secretary of Defense on status under section 143(a) as an entity with- and when authorized. Implementation of Recommendations by the September 30, 2004 CONGRESSIONAL RECORD — SENATE S10097 Defense Science Board on Preventing and SA 3836. Mrs. BOXER submitted an (5) Capability to expand the program upon Defending Against Clandestine Nuclear At- amendment intended to be proposed by a determination by the Secretary that ex- tack. her to the bill S. 2845, to reform the in- pansion would be an appropriate and cost-ef- (A) FINDINGS.—A report of the Defense telligence community and the intel- fective means of improving border security. Science Board Task Force on Preventing and (b) COORDINATION WITH OTHER AGENCIES.— Defending Against Clandestine Nuclear At- ligence and intelligence-related activi- The Secretary of Homeland Security shall tack of June 2004— ties of the United States Government, ensure that the operation of the pilot pro- (1) found that ‘‘little has actually been and for other purposes; which was or- gram under this title— done against the threat of clandestine nu- dered to lie on the table; as follows: (1) is coordinated among United States, clear attack’’; At the appropriate place, insert the fol- State and local, and Canadian law enforce- (2) found that nuclear weapons ‘‘are lowing: ment and border security agencies; and spreading to places and regions where the (2) includes ongoing communication among SEC. ll. COMMUNICATION SYSTEM GRANTS. prospects for effective control to prevent such agencies. (a) IN GENERAL.—The Secretary of Home- their loss and stem their continued spread SEC. 403. ADMINISTRATIVE PROVISIONS. land Security may award grants, on a com- are highly uncertain’’; and (a) PROCUREMENT OF ADVANCED TECH- petitive basis, to States, local governments, (3) called for the Department of Defense to NOLOGY.—The Secretary of Homeland Secu- local law enforcement agencies, and local lead an interagency task force to ‘‘develop a rity may enter into contracts for the pro- fire departments to— multi-element, layered, global, civil/military curement or use of such advanced tech- (1) improve communication systems to system of systems and capabilities that nologies as the Secretary determines appro- allow for real time, interoperable commu- would greatly reduce the likelihood of a suc- priate for the pilot program under this title. nication between State and local first re- cessful clandestine nuclear attack.’’ (b) PROGRAM PARTNERSHIPS.—In carrying sponders; or (B) REPORT.—No later than 3 months fol- out the pilot program, the Secretary of (2) purchase communication systems that lowing the date of enactment of this act, the Homeland Security may provide for the es- allow for real time, interoperable commu- Secretary of Defense shall submit a report to tablishment of cooperative arrangements for nication between State and local first re- the Congress describing the steps it has participation in the pilot program by such sponders. taken to address the recommendations of the participants as the Armed Forces, law en- (b) APPLICATION.—Any State, local govern- Defense Science Board Task force on Pre- forcement and border security agencies re- ment, local law enforcement agency, or local venting and Defending Against Clandestine ferred to in section 402(b), institutions of fire department desiring a grant under this Nuclear Attack. higher education, and private sector entities. section shall submit an application to the SEC. 404. REPORT. SA 3834. Mrs. BOXER submitted an Secretary at such time, in such manner, and (a) REQUIREMENT FOR REPORT.—Not later containing such information as the Sec- than one year after the date of the enact- amendment intended to be proposed by retary may reasonably require. her to the bill S. 2845, to reform the in- ment of this Act, the Secretary of Homeland (c) AUTHORIZATION OF APPROPRIATIONS.— Security shall submit to Congress a report telligence community and the intel- There are authorized to be appropriated such on the pilot program under this title. ligence and intelligence-related activi- sums as necessary for each of the fiscal years (b) CONTENT.—The report under subsection ties of the United States Government, 2005 through 2009 to carry out the provisions (a) shall include the following matters: and for other purposes; which was or- of this section. (1) A discussion of the implementation of dered to lie on the table; as follows: the pilot program, including the experience SA 3837. Mr. CONRAD submitted an under the pilot program. At the appropriate place, insert the fol- amendment intended to be proposed by (2) A recommendation regarding expansion lowing: him to the bill S. 2845, to reform the in- of the pilot program along the entire north- SEC. ll. MANDATORY IMPRISONMENT FOR ern border of the United States and a FRAUD IN CONNECTION WITH telligence community and the intel- INTERNATIONAL TERRORISM. ligence and intelligence-related activi- timeline for the implementation of the ex- Section 1028(b)(4) of title 18, United States ties of the United States Government, pansion. Code, is amended by striking ‘‘or imprison- SEC. 405. AUTHORIZATION OF APPROPRIATIONS. and for other purposes; which was or- There is authorized to be appropriated ment for not more than 25 years, or both,’’ dered to lie on the table; as follows: and inserting ‘‘and imprisonment for not such sums as may be necessary to carry out At the end, add the following: more than 25 years’’. the pilot program under this title. TITLE IV—ADVANCED TECHNOLOGY SA 3838. Mr. CONRAD submitted an SA 3835. Mrs. BOXER submitted an NORTHERN BORDER SECURITY PILOT amendment intended to be proposed by amendment intended to be proposed by PROGRAM him to the bill S. 2845, to reform the inher to the bill S. 2845, to reform the in- SEC. 401. ESTABLISHMENT. telligence community and the intel- telligence community and the intel- The Secretary of Homeland Security shall ligence and intelligence-related activi- ligence and intelligence-related activi- carry out a pilot program to test various ad- ties of the United States Government, ties of the United States Government, vanced technologies that will improve border security between ports of entry along the and for other purposes; which was or- and for othr purposes; which was or- northern border of the United States. dered to lie on the table; as follows: dered to lie on the table; as follows: SEC. 402. PROGRAM REQUIREMENTS. At the appropriate place, insert the fol- At the appropriate place, insert the fol- (a) REQUIRED FEATURES.—The Secretary of lowing: lowing: Homeland Security shall design the pilot SEC. ll. NATIONAL EMERGENCY TELEMEDICAL SEC. ll. COMMUNICATION SYSTEM GRANTS. program under this title to have the fol- COMMUNICATIONS. (a) IN GENERAL.—The Secretary of Home- lowing features: (a) TELEHEALTH TASK FORCE.— land Security may award grants, on a com- (1) Use of advanced technological systems, (1) ESTABLISHMENT.—The Secretary of petitive basis, to States, local governments, including sensors, video, and unmanned aer- Commerce, in consultation with the Sec- local law enforcement agencies, and local ial vehicles, for border surveillance. retary of Homeland Security and the Sec- fire departments to— (2) Use of advanced computing and decision retary of Health and Human Services, shall (1) improve communication systems to integration software for— establish a task force to be known as the allow for real time, interoperable commu- (A) evaluation of data indicating border in- ‘‘National Emergency Telehealth Network nication between State and local first re- cursions; Task Force’’ (referred to in this subsection sponders; or (B) assessment of threat potential; and as the ‘‘Task Force’’) to advise the Secretary (2) purchase communication systems that (C) rapid real-time communication, moni- of Commerce on the use of telehealth tech- allow for real time, interoperable commu- toring, intelligence gathering, deployment, nologies to prepare for, monitor, respond to, nication between State and local first re- and response. and manage the events of a biological, chem- sponders. (3) Testing of advanced technology systems ical, or nuclear terrorist attack or other (b) APPLICATION.—Any State, local govern- and software to determine best and most public health emergencies. ment, local law enforcement agency, or local cost-effective uses of advanced technology to (2) FUNCTIONS.—The Task Force shall— fire department desiring a grant under this improve border security. (A) conduct an inventory of existing tele- section shall submit an application to the (4) Operation of the program in remote health initiatives, including— Secretary at such time, in such manner, and stretches of border lands with long distances (i) the specific location of network compo- containing such information as the Sec- between 24-hour ports of entry where the ter- nents; retary may reasonably require. rain is varied, the climatological and other (ii) the medical, technological, and com- (c) AUTHORIZATION OF APPROPRIATIONS.— environmental conditions vary over wide munications capabilities of such compo- There are authorized to be appropriated ranges between severe extremes, and the nents; and $300,000,000 for each of the fiscal years 2005 usual number of United States Border Patrol (iii) the functionality of such components; through 2009 to carry out the provisions of officers on regular patrol (as measured on (B) make recommendations for use by the this section. the basis of average number per mile) is low. Secretary of Commerce in establishing S10098 CONGRESSIONAL RECORD — SENATE September 30, 2004

standards for regional interoperating and (B) DURATION.—The Secretary of Com- (A) Rapid emergency response and coordi- overlapping information and operational ca- merce shall award grants under this sub- nation. pability response grids in order to achieve section for a period not to exceed 3 years. (B) Real-time data collection for informa- coordinated capabilities based on responses Such grants may be renewed. tion dissemination. among Federal, State, and local responders; (C) STATE CONSORTIUM PLANS.—Each re- (C) Environmental monitoring. (C) recommend any changes necessary to gional consortium of States desiring to re- (D) Early identification and monitoring of integrate technology and clinical practices; ceive a grant under subparagraph (A) shall biological, chemical, or nuclear exposures. (D) recommend to the Secretary of Com- submit to the Secretary of Commerce a plan (E) Situationally relevant expert consult- merce acceptable standard clinical informa- that describes how such consortium shall— ative services for patient care and front-line tion that could be uniformly applied and (i) interconnect existing telehealth sys- responders. available throughout a national telemedical tems in a functional and seamless fashion to (F) Training of responders. network and tested in the regional networks; enhance the ability of the States in the re- (G) Development of an advanced distribu- (E) research, develop, test, and evaluate gion to prepare for, monitor, respond to, and tive learning network. administrative, physical, and technical manage the events of a biological, chemical, (H) Distance learning for the purposes of guidelines for protecting the confidentiality, or nuclear terrorist attack or other public medical and clinical education, and simula- integrity, and availability of regional net- health emergencies; and tion scenarios for ongoing training. works and all associated information and ad- (ii) link to other participating States in (4) REQUIREMENTS.—In awarding a grant vise the Secretary of Commerce on issues of the region via a standard interoperable con- under paragraph (1), the Secretary of Com- patient data security, and compliance with nection using standard information. merce shall— all applicable regulations; (D) PRIORITY.—In making grants under this (A) require that each regional network (F) in consultation and coordination with subsection, the Secretary of Commerce shall adopt common administrative, physical, and the regional telehealth networks established give priority to regional consortia of States technical approaches for seamless interoper- under subsection (b), test such networks for that demonstrate— ability and to protect the network’s con- their ability to provide support for the exist- (i) the interest and participation of a broad fidentiality, integrity, and availability, taking and planned efforts of State and local cross section of relevant entities, including ing into consideration guidelines developed law enforcement, fire departments, health public health offices, emergency prepared- by the task force established under sub- care facilities, and Federal and State public ness offices, and health care providers; section (a); and health agencies to prepare for, monitor, re- (ii) the ability to connect major population (B) require that each regional network in- spond rapidly to, or manage the events of a centers as well as isolated border, rural, and ventory and report to the task force estab- biological, chemical, or nuclear terrorist at- frontier communities within the region to lished under subsection (a), the technology tack or other public health emergencies with provide medical, public health, and emer- and technical infrastructure available to respect to each of the functions listed in sub- gency services in response to a biological, such network. paragraphs (A) through (H) of subsection chemical, or nuclear terrorist attack or (c) AUTHORIZATION OF APPROPRIATIONS.— (b)(3); and other public health emergencies; (1) IN GENERAL.—There are authorized to be (G) facilitate the development of training (iii) an existing telehealth and tele- appropriated to carry out this section programs for responders and a mechanism communications infrastructure that con- $150,000,000 for fiscal years 2005, 2006, and for training via enhanced advanced distribu- nects relevant State agencies, health care 2007. Amounts made available under this tive learning. providers, universities, and relevant Federal paragraph shall remain available until ex- (3) MEMBERSHIP.—The Task Force shall in- agencies; and pended. clude representation from— (iv) the ability to quickly complete devel- (2) LIMIT ON ADMINISTRATIVE EXPENSES.— (A) relevant Federal agencies; opment of a region-wide interoperable emer- Not more than 5 percent of the amount made (B) relevant State and local government gency telemedical network to expand com- available for each fiscal year under para- agencies including public health officials; munications and service capabilities and fa- graph (1) shall be used for Task Force admin- (C) professional associations specializing in cilitate coordination among multiple med- istrative costs. health care; and ical, public health, and emergency response (D) other relevant private sector organiza- agencies, and the ability to test rec- SA 3839. Mr. STEVENS (for himself, tions, including public health and national ommendations of the task force established Mr. WARNER, and Mr. INOUYE) proposed telehealth organizations and representatives under subsection (a) within 3 years. an amendment to the bill S. 2845, to re- of academic and corporate information man- (2) REGIONAL NETWORKS.—A consortium of form the intelligence community and agement and information technology organi- States awarded a grant under paragraph (1) zations. the intelligence and intelligence-re- shall develop a regional telehealth network lated activities of the United States (4) MEETINGS AND REPORTS.— to support emergency response activities and (A) MEETINGS.—The Task Force shall meet provide medical services by linking estab- Government, and for other purposes; as as the Secretary of Commerce may direct. lished telehealth initiatives within the re- follows: (B) REPORT.— gion to and with the following: On page 115, strike line 13 and all that fol- (i) IN GENERAL.—Not later than 3 years (A) First responders, such as police, fire- lows through page 116, line 23. after the date of enactment of this Act the fighters, and emergency medical service pro- Task Force shall prepare and submit a report viders. SA 3840. Mr. STEVENS (for himself, to Congress regarding the activities of the (B) Front line health care providers, in- Task Force. Mr. WARNER, and Mr. INOUYE) sub- cluding hospitals, emergency medical cen- mitted an amendment intended to be (ii) CONTENTS.—The report described in ters, medical centers of the Department of clause (i) shall recommend, based on the in- Defense and the Department of Veterans Af- proposed by him to the bill S. 2845, to formation obtained from the regional tele- fairs, and public, private, community, rural, reform the intelligence community and health networks established under sub- and Indian Health Service clinics. the intelligence and intelligence-re- section (b), whether and how to build on ex- (C) State and local public health depart- lated activities of the United States isting telehealth networks to develop a Na- ments, offices of rural health, and relevant Government, and for other purposes; tional Emergency Telehealth Network. Federal agencies. which was ordered to lie on the table; (5) IMPLEMENTATION.—The Task Force may (D) Experts on public health, bioterrorism, as follows: carry out activities under this subsection in nuclear safety, chemical weapons and other cooperation with other entities, including relevant disciplines. On page 109, strike line 4 and all that fol- national telehealth organizations. (E) Other relevant entities as determined lows through page 113, line 3. (6) TERMINATION.—The Task Force shall appropriate by such consortium. On page 113, line 4, strike ‘‘163.’’ and insert ‘‘ ’’. terminate upon submission of the final re- (3) FUNCTIONS OF THE NETWORKS.—Once es- 162. port required under paragraph (4)(B). tablished, a regional telehealth network On page 114, line 1, strike ‘‘164.’’ and insert ‘‘ ’’. (b) ESTABLISHMENT OF STATE AND REGIONAL under this subsection shall test the feasi- 163. TELEHEALTH NETWORKS.— bility of recommendations (including rec- (1) PROGRAM AUTHORIZED.— ommendations relating to standard clinical SA 3841. Mr. NELSON of Florida sub- (A) IN GENERAL.—The Secretary of Com- information, operational capability, and as- mitted an amendment intended to be merce, in consultation with the Secretary of sociated technology and information stand- proposed by him to the bill S. 2845, to Homeland Security and the Secretary of ards) described in subparagraphs (B) through reform the intelligence community and Health and Human Services, is authorized to (E) of subsection (a)(2), and provide reports the intelligence and intelligence-re- award grants to 3 regional consortia of to the task force established under sub- lated activities of the United States States to carry out pilot programs for the section (a), on such network’s ability, in Government, and for other purposes; development of statewide and regional tele- preparation of and in response to a biologi- health network testbeds that build on, en- cal, chemical, or nuclear terrorist attack or which was ordered to lie on the table; hance, and securely link existing State and other public health emergencies, to support as follows: local telehealth programs. each of the following functions: At the end, insert the following new title: September 30, 2004 CONGRESSIONAL RECORD — SENATE S10099 TITLE IV—TRANSPORTATION SECURITY this Act, the Inspector General shall give grant funding in fiscal year 2005, and each SEC. 401. WATCHLISTS FOR PASSENGERS particular regard to the activities of the in- subsequent fiscal year, under the State ABOARD VESSELS. ternal audit, inspection, and investigative Homeland Security Grant Program, the (a) IN GENERAL.—As soon as practicable units of the Inspectors General of the ele- Urban Area Security Initiative, and the Law but not later than 180 days after the date of ments of the intelligence community with a Enforcement Terrorism Prevention Program the enactment of this Act, the Secretary of view toward avoiding duplication and ensur- that is not less than the amount received by Homeland Security shall— ing effective coordination and cooperation.’’ such State for such programs in fiscal year (1) implement a procedure under which the after the period. 2004. Department of Homeland Security compares information about passengers who are to be SA 3843. Mr. BAYH submitted an SA 3845. Mr. BYRD submitted an carried aboard a cruise ship with a com- amendment intended to be proposed by amendment intended to be proposed by prehensive, consolidated database containing him to the bill S. 2845, to reform the in- him to the bill S. 2845, to reform the in- information about known or suspected ter- telligence community and the intel- telligence community and the intel- rorists and their associates; and ligence and intelligence-related activi- ligence and intelligence-related activi- (2) use the information obtained by com- ties of the United States Government, ties of the United States Government, paring the passenger information with the and for other purposes; which was or- and for other purposes; which was or- information in the database to prevent dered to lie on the table; as follows: dered to lie on the table; as follows: known or suspected terrorists and their asso- At the appropriate place, insert the fol- On page 10, between lines 16 and 17, insert ciates from boarding such vessels or to sub- lowing: the following: ject them to specific additional security (d) REMOVAL.—The National Intelligence scrutiny, through the use of ‘‘no transport’’ SEC. ll. REFORM OF SENATE OVERSIGHT OF IN- TELLIGENCE AND HOMELAND SECU- Director may be removed from office by the and ‘‘automatic selectee’’ lists or other RITY. President. The President shall communicate means. (a) ESTABLISHING A PERMANENT COMMITTEE to each House of Congress the reasons for the (b) COOPERATION FROM OPERATORS OF PAS- ON INTELLIGENCE.— removal of a National Intelligence Director SENGER VESSELS.—The Secretary of Home- (1) IN GENERAL.—There is established in the from office. land Security shall by order require opera- Senate a Committee on Intelligence (referred On page 10, line 17, strike ‘‘(d)’’ and insert tors of cruise ships to provide the passenger to in this subsection as the ‘‘committee’’) ‘‘(e)’’. information necessary to implement the pro- with majority party’s representation on the On page 11, line 3, strike ‘‘(e)’’ and insert cedure required by subsection (a). committee never exceeding that of the mi- ‘‘(f)’’. (c) MAINTAINING THE ACCURACY AND INTEG- nority party by more than one. On page 11, line 5, strike ‘‘subsection (c)’’ RITY OF THE ‘‘NO TRANSPORT’’ AND ‘‘AUTO- (2) MEMBERSHIP.—Four of the members of and insert ‘‘subsection (e)’’. MATIC SELECTEE’’ LISTS.— the committee shall be members of one of On page 22, line 11, strike ‘‘(f) and (g)’’ and (1) WATCHLIST DATABASE.—The Secretary the following committees: Armed Services, insert ‘‘(e), (f), and (g)’’. of Homeland Security, in consultation with On page 24, beginning on line 1, strike ‘‘, Judiciary, Foreign Relations, and the De- the Director of the Federal Bureau of Inves- pursuant to subsection (e),’’. fense Appropriations Subcommittee on the tigations, shall design guidelines, policies, On page 24, strike line 8 and all that fol- Committee of Appropriations. and operating procedures for the collection, lows through age 25, line 20. (3) TERM LIMITS.—Members shall serve on removal, and updating of data maintained, On page 25, line 21, strike ‘‘(f)’’ and insert the committee without term limits. or to be maintained, in the watchlist data- ‘‘(e)’’. (4) SUBPOENA AUTHORITY.—The committee base described in subsection (a)(1) that are On page 27, strike line 1 and all that fol- shall have subpoena authority. designed to ensure the accuracy and integ- lows through page 30, line 22, and insert the (5) STAFF AND SUBCOMMITTEE.—The com- rity of the databases. following: mittee shall have— (f) ROLE OF NATIONAL INTELLIGENCE DIREC- (2) ACCURACY OF ENTRIES.—In developing (A) subcommittees with at least a one sub- TOR IN REPROGRAMMING.—(1) No funds made the ‘‘no transport’’ and ‘‘automatic selectee’’ committee with operational oversight of the available under the National Intelligence lists under subsection (a)(1), the Secretary of National Intelligence Program; Program may be transferred or repro- Homeland Security shall establish a simple (B) responsibilities other than budget de- grammed without the prior approval of the and timely method for correcting erroneous velopment; and National Intelligence Director, except in ac- entries, for clarifying information known to (C) staff appropriately sized to meet the cordance with procedures prescribed by the cause false hits or misidentification errors, mission of the committee. National Intelligence Director. and for updating relevant information that (6) JURISDICTION.—The committee shall (2) The Secretary of Defense shall consult is dispositive in the passenger screening have sole jurisdiction over the authorization with the National Intelligence Director be- process. The Secretary shall also establish a and appropriation for all programs in the Na- fore transferring or reprogramming funds process to provide an individual whose name tional Intelligence Program. made available under the Joint Military In- is confused with, or similar to, a name in the (b) ESTABLISHING A SINGLE POINT OF JURIS- telligence Program. watchlist database with a means of dem- DICTION FOR THE DEPARTMENT OF HOMELAND (g) TRANSFER OF FUNDS OR PERSONNEL onstrating that such individual is not the SECURITY.— WITHIN NATIONAL INTELLIGENCE PROGRAM.— person named in the database. (1) IN GENERAL.—There is established in the (1) In addition to any other authorities avail- (d) CRUISE SHIP DEFINED.—In this section, Senate a Committee on Homeland Security able under law for such purposes, the Na- the term ‘‘cruise ship’’— (referred to in this subsection as the ‘‘com- tional Intelligence Director, with the ap- (1) means any vessel (except one described mittee’’) with jurisdiction for the Depart- proval of the Director of the Office of Man- in paragraph (2)) that— ment of Homeland Security and its duties. agement and Budget— (A) weighs over 100 gross register tons; (A) may transfer funds appropriated for a (2) STAFF.—The committee shall be a per- (B) carries more than 200 passengers for manent standing committee with a non- program within the National Intelligence hire; partisan staff. Program to another such program; and (C) makes voyages lasting more than 24 (B) in accordance with procedures to be de- (3) OTHER COMMITTEES.—The jurisdiction of hours, of which any part is on the high seas; the committee shall supersede the jurisdic- veloped by the National Intelligence Direc- and tion of any other committee of the Senate. tor, the heads of the departments and agen- (D) carries passengers who embark and dis- (c) REPEAL.—S. Res. 400 (94th Congress) is cies concerned may transfer personnel au- embark in the United States or its terri- repealed. thorized for an element of the intelligence tories or possessions; and (d) EFFECTIVE DATE.—This section shall community to another such element for peri- (2) does not mean a ferry that— take effect on the convening of the 109th ods up to one year. (A) holds a Coast Guard Certificate of In- Congress. (2) The amounts available for transfer in spection endorsed for ‘‘Lakes, Bays, and the National Intelligence Program in any Sounds’’; and SA 3844. Mr. BAYH submitted an given fiscal year, and the terms and condi- (B) transits international waters for only amendment intended to be proposed by tions governing such transfers, are subject to short periods of time on frequent schedules. him to the bill S. 2845, to reform the in- the provisions of annual appropriations Acts telligence community and the intel- and this subsection. SA 3842. Mr. AKAKA submitted an (3)(A) A transfer of funds or personnel may ligence and intelligence-related activi- amendment intended to be proposed by be made under this subsection only if— ties of the United States Government, him to the bill S. 2845, to reform the in- (i) the funds or personnel are being trans- and for other purposes; which was or- telligence community and the intel- ferred to an activity that is a higher priority dered to lie on the table; as follows: ligence and intelligence-related activi- intelligence activity; (ii) the need for funds or personnel for such ties of the United States Government, At the appropriate place, insert the following: activity is based on unforeseen require- and for other purposes; which was or- SEC. ll. GUARANTEED HOMELAND SECURITY ments; dered to lie on the table; as follows: GRANT FUNDING. (iii) the transfer does not involve a trans- On page 69, line 12, insert ‘‘In carrying out The Secretary of Homeland Security shall fer of funds to the Reserve for Contingencies the duties and responsibilities specified in ensure that each State receives an amount of of the National Intelligence Director; S10100 CONGRESSIONAL RECORD — SENATE September 30, 2004 (iv) in the case of a transfer of funds, the ment Reform of the House of Representa- mate and the assumptions and judgments of transfer results in a cumulative transfer of tives’’. analysts with respect to such intelligence funds out of any department, agency, or ele- On page 140, strike lines 5 through 14 and and such estimate; ment, as appropriate, funded in the National insert the following: (B) describes the quality and reliability of Intelligence Program in a single fiscal year— (2) DEPUTY DIRECTOR OF MANAGEMENT AND the intelligence underlying such estimate; (I) that is less than $100,000,000; and BUDGET FOR INFORMATION SHARING.—There is (C) presents and explains alternative con- (II) that is less than 5 percent of amounts within the Office of Management and Budget clusions, if any, with respect to the intel- available to such department, agency, or ele- a Deputy Director of Management and Budg- ligence underlying such estimate and such ment; and et for Information Sharing who shall be ap- estimate; and (v) the transfer does not terminate a pro- pointed by the President, by and with the ad- (D) characterizes the uncertainties, if any, gram. vice and consent of the Senate. The Deputy and confidence in such estimate. (B) A transfer may be made without regard Director shall carry out the day-to-day du- (d) SERVICE AS SENIOR INTELLIGENCE ADVIS- to a limitation set forth in clause (iv) or (v) ties of the Director specified in this section. ERS.—Within their respective areas of exper- of subparagraph (A) if the transfer has the The Deputy Director shall report directly to tise and under the direction of the National concurrence of the head of the department, the Director of the Office of Management Intelligence Director, the members of the agency, or element concerned. The authority and Budget. The Deputy Director shall be National Intelligence Council shall con- to provide such concurrence may only be del- paid at stitute the senior intelligence advisers of the egated by the head of the department, agen- On page 174, strike lines 14 through 22. intelligence community for purposes of rep- cy, or element concerned to the deputy of resenting the views of the intelligence com- such officer. SA 3846. Mr. BYRD submitted an munity within the United States Govern- (4) Funds transferred under this subsection amendment intended to be proposed by ment. shall remain available for the same period as him to the bill S. 2845, to reform the in- (e) AUTHORITY TO CONTRACT.—Subject to the appropriations account to which trans- telligence community and the intel- the direction and control of the National In- ferred. ligence and intelligence-related activi- telligence Director, the National Intel- (5) Any transfer of funds under this sub- ligence Council may carry out its respon- section shall be carried out in accordance ties of the United States Government, and for other purposes; as follows: sibilities under this section by contract, in- with existing procedures applicable to re- cluding contracts for substantive experts programming notifications for the appro- On page 47, strike line 16 and all that fol- necessary to assist the Council with par- priate congressional committees. Any pro- lows through page 63, line 16, and insert the ticular assessments under this section. posed transfer for which notice is given to following: (f) STAFF.—The National Intelligence Di- the appropriate congressional committees (b) DEPUTY NATIONAL INTELLIGENCE DIREC- rector shall make available to the National shall be accompanied by a report explaining TORS.—(1) There may be not more than four Intelligence Council such staff as may be the nature of the proposed transfer and how Deputy National Intelligence Directors who necessary to permit the Council to carry out it satisfies the requirements of this sub- shall be appointed by the President, by and its responsibilities under this section. section. In addition, the congressional intel- with the advice and consent of the Senate. (g) AVAILABILITY OF COUNCIL AND STAFF.— ligence committees shall be promptly noti- (2) In the event of a vacancy in any posi- (1) The National Intelligence Director shall fied of any transfer of funds made pursuant tion of Deputy National Intelligence Direc- take appropriate measures to ensure that to this subsection in any case in which the tor established under this subsection, the the National Intelligence Council and its transfer would not have otherwise required National Intelligence Director shall rec- staff satisfy the needs of policymaking offi- reprogramming notification under proce- ommend to the President an individual for cials and other consumers of intelligence. dures in effect as of the date of the enact- appointment to such position. (2) The Council shall be readily accessible (3) Each Deputy National Intelligence Di- ment of this subsection. to policymaking officials and other appro- rector appointed under this subsection shall (6)(A) The National Intelligence Director priate individuals not otherwise associated have such duties, responsibilities, and au- shall promptly submit a report on any trans- with the intelligence community. thorities as the National Intelligence Direc- fer of personnel under this subsection to— (h) SUPPORT.—The heads of the elements of tor may assign or are specified by law. (i) the congressional intelligence commit- the intelligence community shall, as appro- tees; SEC. 123. NATIONAL INTELLIGENCE COUNCIL. priate, furnish such support to the National (ii) the Committee on Appropriations of (a) NATIONAL INTELLIGENCE COUNCIL.— Intelligence Council, including the prepara- the Senate and the Committee on Appropria- There is a National Intelligence Council. tion of intelligence analyses, as may be re- (b) COMPOSITION.—(1) The National Intel- tions of the House of Representatives; quired by the National Intelligence Director. (iii) in the case of the transfer of personnel ligence Council shall be composed of senior analysts within the intelligence community SEC. 124. GENERAL COUNSEL OF THE NATIONAL to or from the Department of Defense, the INTELLIGENCE AUTHORITY. and substantive experts from the public and Committee on Armed Services of the Senate (a) GENERAL COUNSEL OF NATIONAL INTEL- private sector, who shall be appointed by, re- and the Committee on Armed Services of the LIGENCE AUTHORITY.—There is a General port to, and serve at the pleasure of, the Na- House of Representatives; and Counsel of the National Intelligence Author- tional Intelligence Director. (iv) in the case of the transfer of personnel ity who shall be appointed from civilian life to or from the Department of Justice, to the (2) The Director shall prescribe appropriate security requirements for personnel ap- by the President, by and with the advice and Committees on the Judiciary of the Senate consent of the Senate. and the House of Representatives. pointed from the private sector as a condition of service on the Council, or as contrac- (b) PROHIBITION ON DUAL SERVICE AS GEN- (B) The Director shall include in any such ERAL COUNSEL OF ANOTHER AGENCY.—The in- report an explanation of the nature of the tors of the Council or employees of such contractors, to ensure the protection of intel- dividual serving in the position of General transfer and how it satisfies the require- Counsel of the National Intelligence Author- ments of this subsection. ligence sources and methods while avoiding, wherever possible, unduly intrusive require- ity may not, while so serving, also serve as On page 47, line 19, insert before the period the General Counsel of any other depart- the following ‘‘, by and with the advice and ments which the Director considers to be unnecessary for this purpose. ment, agency, or element of the United consent of the Senate’’. States Government. On page 53, line 2, insert before the period (c) DUTIES AND RESPONSIBILITIES.—(1) The (c) SCOPE OF POSITION.—The General Coun- the following ‘‘, by and with the advice and National Intelligence Council shall— (A) produce national intelligence estimates sel of the National Intelligence Authority is consent of the Senate’’. the chief legal officer of the National Intel- On page 55, beginning on line 5, strike ‘‘the for the United States Government, including ligence Authority. National Intelligence Director’’ and insert alternative views held by elements of the in- (d) FUNCTIONS.—The General Counsel of the ‘‘the President, by and with the advice and telligence community and other information National Intelligence Authority shall per- consent of the Senate’’. as specified in paragraph (2); form such functions as the National Intel- On page 60, beginning on line 14, strike (B) evaluate community-wide collection ligence Director may prescribe. ‘‘appropriately’’. and production of intelligence by the intel- On page 61, line 11, insert ‘‘and Congress’’ ligence community and the requirements SEC. 125. INTELLIGENCE COMPTROLLER. after ‘‘Director’’. and resources of such collection and produc- (a) INTELLIGENCE COMPTROLLER.—There is On page 61, line 21, strike ‘‘significant’’. tion; and an Intelligence Comptroller who shall be ap- On page 63, line 16, insert ‘‘and the congres- (C) otherwise assist the National Intel- pointed from civilian life by the National In- sional intelligence committees’’ after ‘‘Na- ligence Director in carrying out the respon- telligence Director. tional Intelligence Director’’. sibilities of the Director under section 111. (b) SUPERVISION.—The Intelligence Comp- On page 138, beginning on line 21, strike (2) The National Intelligence Director shall troller shall report directly to the National ‘‘and to Congress’’ and insert ‘‘, to the Select ensure that the Council satisfies the needs of Intelligence Director. Committee on Intelligence and the Commit- policymakers and other consumers of intel- (c) DUTIES.—The Intelligence Comptroller tees on Appropriations and Governmental ligence by ensuring that each national intel- shall— Affairs of the Senate, and to the Permanent ligence estimate under paragraph (1)— (1) assist the National Intelligence Direc- Select Committee on Intelligence and the (A) states separately, and distinguishes be- tor in the preparation and execution of the Committees on Appropriations and Govern- tween, the intelligence underlying such esti- budget of the elements of the intelligence September 30, 2004 CONGRESSIONAL RECORD — SENATE S10101 community within the National Intelligence of the National Intelligence Authority (inas are provided for an agency Chief Financial Program; cluding in the relationships among the ele- Officer by section 902 of title 31, United (2) assist the Director in participating in ments of the intelligence community within States Code, and other applicable provisions the development by the Secretary of Defense the National Intelligence Program and the of law. of the annual budget for military intel- relationships between the elements of the in- (d) COORDINATION WITH NIA COMP- ligence programs and activities outside the telligence community within the National TROLLER.—(1) The Chief Financial Officer of National Intelligence Program; Intelligence Program and the other elements the National Intelligence Authority shall co- (3) provide unfettered access to the Direc- of the intelligence community). ordinate with the Comptroller of the Na- tor to financial information under the Na- (2) In discharging the responsibility under tional Intelligence Authority in exercising tional Intelligence Program; paragraph (1), the Privacy Officer shall— the authorities and performing the functions (4) perform such other duties as may be (A) assure that the use of technologies sus- provided for the Chief Financial Officer prescribed by the Director or specified by tain, and do not erode, privacy protections under this section. law. relating to the use, collection, and disclosure (2) The National Intelligence Director shall SEC. 126. OFFICER FOR CIVIL RIGHTS AND CIVIL of personal information; take such actions as are necessary to pre- LIBERTIES OF THE NATIONAL IN- (B) assure that personal information con- vent duplication of effort by the Chief Finan- TELLIGENCE AUTHORITY. tained in Privacy Act systems of records is cial Officer of the National Intelligence Au- (a) OFFICER FOR CIVIL RIGHTS AND CIVIL handled in full compliance with fair informa- thority and the Comptroller of the National LIBERTIES OF NATIONAL INTELLIGENCE AU- tion practices as set out in the Privacy Act Intelligence Authority. THORITY.—There is an Officer for Civil Rights of 1974; (e) INTEGRATION OF FINANCIAL SYSTEMS.— and Civil Liberties of the National Intel- (C) conduct privacy impact assessments Subject to the supervision, direction, and ligence Authority who shall be appointed by when appropriate or as required by law; and control of the National Intelligence Direc- the President, by and with the advice and (D) coordinate with the Officer for Civil tor, the Chief Financial Officer of the Na- consent of the Senate. Rights and Civil Liberties of the National In- tional Intelligence Authority shall take ap- (b) SUPERVISION.—The Officer for Civil telligence Authority to ensure that pro- propriate actions to ensure the timely and Rights and Civil Liberties of the National In- grams, policies, and procedures involving effective integration of the financial systems telligence Authority shall report directly to civil rights, civil liberties, and privacy con- of the National Intelligence Authority (in- the National Intelligence Director. siderations are addressed in an integrated cluding any elements or components trans- (c) DUTIES.—The Officer for Civil Rights and comprehensive manner. ferred to the Authority by this Act), and of and Civil Liberties of the National Intel- the financial systems of the Authority with ligence Authority shall— SEC. 128. CHIEF INFORMATION OFFICER OF THE NATIONAL INTELLIGENCE AUTHOR- applicable portions of the financial systems (1) assist the National Intelligence Direc- ITY. of the other elements of the intelligence tor in ensuring that the protection of civil (a) CHIEF INFORMATION OFFICER OF NA- community, as soon as possible after the rights and civil liberties, as provided in the TIONAL INTELLIGENCE AUTHORITY.—There is a date of the enactment of this Act. Constitution, laws, regulations, and Execu- Chief Information Officer of the National In- (f) PROTECTION OF ANNUAL FINANCIAL tive orders of the United States, is appro- telligence Authority who shall be appointed STATEMENT FROM DISCLOSURE.—The annual priately incorporated in— by the National Intelligence Director. financial statement of the National Intel- (A) the policies and procedures developed (b) DUTIES.—The Chief Information Officer ligence Authority required under section 3515 for and implemented by the National Intel- of the National Intelligence Authority of title 31, United States Code— ligence Authority; shall— (1) shall be submitted in classified form; (B) the policies and procedures regarding (1) assist the National Intelligence Direc- and the relationships among the elements of the tor in implementing the responsibilities and (2) notwithstanding any other provision of intelligence community within the National executing the authorities related to informa- law, shall be withheld from public disclosure. Intelligence Program; and tion technology under paragraphs (15) and SEC. 131. NATIONAL COUNTERINTELLIGENCE EX- (C) the policies and procedures regarding (16) of section 112(a) and section 113(h); and ECUTIVE. the relationships between the elements of (2) perform such other duties as may be (a) NATIONAL COUNTERINTELLIGENCE EXECU- the intelligence community within the Na- prescribed by the Director or specified by TIVE.—The National Counterintelligence Ex- tional Intelligence Program and the other law. ecutive under section 902 of the Counter- elements of the intelligence community; SEC. 129. CHIEF HUMAN CAPITAL OFFICER OF intelligence Enhancement Act of 2002 (title (2) oversee compliance by the Authority, THE NATIONAL INTELLIGENCE AU- IX of Public Law 107–306; 50 U.S.C. 402b et and in the relationships described in para- THORITY. seq.), as amended by section 309 of this Act, graph (1), with requirements under the Con- (a) CHIEF HUMAN CAPITAL OFFICER OF NA- is a component of the Office of the National stitution and all laws, regulations, Executive TIONAL INTELLIGENCE AUTHORITY.—There is a Intelligence Director. orders, and implementing guidelines relating Chief Human Capital Officer of the National (b) DUTIES.—The National Counterintel- to civil rights and civil liberties; Intelligence Authority who shall be ap- ligence Executive shall perform the duties (3) review, investigate, and assess com- pointed by the National Intelligence Direc- provided in the Counterintelligence En- plaints and other information indicating pos- tor. hancement Act of 2002, as so amended, and (b) DUTIES.—The Chief Human Capital Offi- sible abuses of civil rights or civil liberties, such other duties as may be prescribed by cer of the National Intelligence Authority as provided in the Constitution, laws, regula- the National Intelligence Director or speci- shall— tions, and Executive orders of the United fied by law. States, in the administration of the pro- (1) have the functions and authorities programs and operations of the Authority, and vided for Chief Human Capital Officers under Subtitle D—Additional Elements of National in the relationships described in paragraph sections 1401 and 1402 of title 5, United States Intelligence Authority (1), unless, in the determination of the In- Code, with respect to the National Intel- SEC. 141. INSPECTOR GENERAL OF THE NA- spector General of the National Intelligence ligence Authority; and TIONAL INTELLIGENCE AUTHORITY. Authority, the review, investigation, or as- (2) advise and assist the National Intel- (a) OFFICE OF INSPECTOR GENERAL OF NA- sessment of a particular complaint or infor- ligence Director in exercising the authorities TIONAL INTELLIGENCE AUTHORITY.—There is mation can better be conducted by the In- and responsibilities of the Director with re- within the National Intelligence Authority spector General; spect to the workforce of the intelligence an Office of the Inspector General of the Na- (4) coordinate with the Privacy Officer of community as a whole. tional Intelligence Authority. the National Intelligence Authority to en- SEC. 130. CHIEF FINANCIAL OFFICER OF THE NA- (b) PURPOSE.—The purpose of the Office of sure that programs, policies, and procedures TIONAL INTELLIGENCE AUTHORITY. the Inspector General of the National Intel- involving civil rights, civil liberties, and pri- (a) CHIEF FINANCIAL OFFICER OF NATIONAL ligence Authority is to— vacy considerations are addressed in an inte- INTELLIGENCE AUTHORITY.—There is a Chief (1) create an objective and effective office, grated and comprehensive manner; and Financial Officer of the National Intel- accountable to Congress, to initiate and con- (5) perform such other duties as may be ligence Authority who shall be designated by duct independently investigations, inspec- prescribed by the Director or specified by the President, in consultation with the Na- tions, and audits relating to— law. tional Intelligence Director. (A) the programs and operations of the Na- SEC. 127. PRIVACY OFFICER OF THE NATIONAL (b) DESIGNATION REQUIREMENTS.—The des- tional Intelligence Authority; INTELLIGENCE AUTHORITY. ignation of an individual as Chief Financial (B) the relationships among the elements (a) PRIVACY OFFICER OF NATIONAL INTEL- Officer of the National Intelligence Author- of the intelligence community within the LIGENCE AUTHORITY.—There is a Privacy Offi- ity shall be subject to applicable provisions National Intelligence Program; and cer of the National Intelligence Authority of section 901(a) of title 31, United States (C) the relationships between the elements who shall be appointed by the President, by Code. of the intelligence community within the and with the advice and consent of the Sen- (c) AUTHORITIES AND FUNCTIONS.—The Chief National Intelligence Program and the other ate. Financial Officer of the National Intel- elements of the intelligence community; (b) DUTIES.—(1) The Privacy Officer of the ligence Authority shall have such authori- (2) recommend policies designed— National Intelligence Authority shall have ties, and carry out such functions, with re- (A) to promote economy, efficiency, and ef- primary responsibility for the privacy policy spect to the National Intelligence Authority fectiveness in the administration of such S10102 CONGRESSIONAL RECORD — SENATE September 30, 2004 programs and operations, and in such rela- (2) The Director shall manage and oversee (iv) in the case of a transfer of funds, the tionships; and the execution by each element of the intel- transfer results in a cumulative transfer of (B) to prevent and detect fraud and abuse ligence community of any amounts appro- funds out of any department, agency, or ele- in such programs, operations, and relation- priated or otherwise made available to such ment, as appropriate, funded in the National ships; element under the National Intelligence Pro- Intelligence Program in a single fiscal year— (3) provide a means for keeping the Na- gram. (I) that is less than $100,000,000; and tional Intelligence Director and Congress (e) ROLE IN REPROGRAMMING OR TRANSFER (II) that is less than 5 percent of amounts fully and currently informed about— OF NIP FUNDS BY ELEMENTS OF INTELLIGENCE available to such department, agency, or ele- (A) problems and deficiencies relating to COMMUNITY.—(1) No funds made available ment; and the administration of such programs and op- under the National Intelligence Program (v) the transfer does not terminate a pro- erations, and to such relationships; and may be reprogrammed or transferred by any gram. (B) the necessity for, and the progress of, agency or element of the intelligence com- (B) A transfer may be made without regard corrective actions; and munity without the prior approval of the Na- to a limitation set forth in clause (iv) or (v) (4) in the manner prescribed by this sec- tional Intelligence Director except in accord- of subparagraph (A) if the transfer has the tion, ensure that the congressional intel- ance with procedures issued by the Director. concurrence of the head of the department, ligence committees are kept similarly in- (2) The head of the department concerned agency, or element concerned. The authority formed of— shall consult with the Director before re- to provide such concurrence may only be del- (A) problems and deficiencies relating to programming or transferring funds appro- egated by the head of the department, agen- the administration of such programs and op- priated or otherwise made available to an cy, or element concerned to the deputy of erations, and to such relationships; and agency or element of the intelligence com- such officer. (B) the necessity for, and the progress of, munity that does not have any program, (4) Funds transferred under this subsection corrective actions. project, or activity within the National In- shall remain available for the same period as telligence Program. (c) INSPECTOR GENERAL OF NATIONAL INTEL- the appropriations account to which trans- (3) The Director shall, before reprogram- LIGENCE AUTHORITY.—(1) There is an Inspec- ferred. ming funds appropriated or otherwise made tor General of the National Intelligence Au- (5) Any transfer of funds under this sub- thority, who shall be the head of the Office available for an element of the intelligence community within the National Intelligence section shall be carried out in accordance of the Inspector General of the National In- with existing procedures applicable to re- telligence Authority, who shall be appointed Program, consult with the head of the de- programming notifications for the appro- by the President, by and with the advice and partment or agency having jurisdiction over priate congressional committees. Any pro- consent of the Senate. such element regarding such reprogramming. (2) The nomination of an individual for ap- (4)(A) The Director shall consult with the posed transfer for which notice is given to pointment as Inspector General shall be appropriate committees of Congress regard- the appropriate congressional committees made— ing modifications of existing procedures to shall be accompanied by a report explaining (A) without regard to political affiliation; expedite the reprogramming of funds within the nature of the proposed transfer and how (B) solely on the basis of integrity, compli- the National Intelligence Program. it satisfies the requirements of this sub- ance with the security standards of the Na- (B) Any modification of procedures under section. In addition, the congressional intel- tional Intelligence Authority, and prior ex- subparagraph (A) shall include procedures ligence committees shall be promptly noti- perience in the field of intelligence or na- for the notification of the appropriate com- fied of any transfer of funds made pursuant tional security; and mittees of Congress of any objection raised to this subsection in any case in which the (C) on the basis of demonstrated ability in by the head of a department or agency to a transfer would not have otherwise required accounting, financial analysis, law, manage- reprogramming proposed by the Director as reprogramming notification under proce- ment analysis, public administration, or au- a result of consultations under paragraph (3). dures in effect as of the date of the enact- diting. (f) ROLE OF NATIONAL INTELLIGENCE DIREC- ment of this subsection. (3) The Inspector General shall report di- TOR IN REPROGRAMMING.—(1) No funds made (6)(A) The National Intelligence Director rectly to and be under the general super- available under the National Intelligence shall promptly submit a report on any trans- vision of the National Intelligence Director. Program may be transferred or repro- fer of personnel under this subsection to— (4) The Inspector General may be removed grammed without the prior approval of the (i) the congressional intelligence commit- from office only by the President. The Presi- National Intelligence Director, except in ac- tees; dent shall immediately communicate in cordance with procedures prescribed by the (ii) the Committee on Appropriations of writing to the congressional intelligence National Intelligence Director. the Senate and the Committee on Appropria- committees the reasons for the removal of (2) The Secretary of Defense shall consult tions of the House of Representatives; any individual from the position of Inspector with the National Intelligence Director be- (iii) in the case of the transfer of personnel General. fore transferring or reprogramming funds to or from the Department of Defense, the (d) DUTIES AND RESPONSIBILITIES.—It shall made available under the Joint Military In- Committee on Armed Services of the Senate be the duty and responsibility of the Inspec- telligence Program. and the Committee on Armed Services of the tor General of the National Intelligence Au- (g) TRANSFER OF FUNDS OR PERSONNEL House of Representatives; and thority— WITHIN NATIONAL INTELLIGENCE PROGRAM.— (iv) in the case of the transfer of personnel (1) to provide policy direction for, and to (1) In addition to any other authorities avail- to or from the Department of Justice, to the plan, conduct, supervise, and coordinate able under law for such purposes, the Na- Committees on the Judiciary of the Senate independently, the investigations, inspec- tional Intelligence Director, with the ap- and the House of Representatives. tions, and audits relating to the programs proval of the Director of the Office of Man- (B) The Director shall include in any such and operations of the National Intelligence agement and Budget— report an explanation of the nature of the Authority, the relationships among the ele- (A) may transfer funds appropriated for a transfer and how it satisfies the requirements of the intelligence community within program within the National Intelligence ments of this subsection. the National Intelligence Program, and the Program to another such program; and relationships between the elements of the in- (B) in accordance with procedures to be de- SA 3848. Mr. BYRD submitted an veloped by the National Intelligence Direc- telligence community within the National amendment intended to be proposed by Intelligence Program and the other elements tor, the heads of the departments and agen- of the intelligence community to ensure cies concerned may transfer personnel au- him to the bill S. 2845, to reform the in- they are conducted efficiently and in accord- thorized for an element of the intelligence telligence community and the intel- ance with applicable law and regulations; community to another such element for peri- ligence and intelligence-related activi- (2) to keep the National Intelligence Direc- ods up to one year. ties of the United States Government, tor and the congressional intelligence com- (2) The amounts available for transfer in and for other purposes; which was or- mittees the National Intelligence Program in any dered to lie on the table; as follows: given fiscal year, and the terms and condi- SA 3847. Mr. BYRD submitted an tions governing such transfers, are subject to On page 153, strike line 5 and all that fol- amendment intended to be proposed by the provisions of annual appropriations Acts lows through page 164, line 15, and insert the him to the bill S. 2845, to reform the in- and this subsection. following: telligence community and the intel- (3)(A) A transfer of funds or personnel may SEC. 211. PRIVACY AND CIVIL LIBERTIES OVER- be made under this subsection only if— SIGHT BOARD. ligence and intelligence-related activi- (i) the funds or personnel are being trans- (a) IN GENERAL.—There is established as an ties of the United States Government, ferred to an activity that is a higher priority independent establishment within the execu- and for other purposes; as follows: intelligence activity; tive branch a Privacy and Civil Liberties On page 24, strike line 1 and all that fol- (ii) the need for funds or personnel for such Oversight Board (referred to in this subtitle lows through page 30, line 22, and insert the activity is based on unforeseen require- as the ‘‘Board’’). following: ments; (b) FINDINGS.—Consistent with the report appropriated to the National Intelligence (iii) the transfer does not involve a trans- of the National Commission on Terrorist At- Authority and under the direct jurisdiction fer of funds to the Reserve for Contingencies tacks Upon the United States, Congress of the National Intelligence Director. of the National Intelligence Director; makes the following findings: September 30, 2004 CONGRESSIONAL RECORD — SENATE S10103 (1) In conducting the war on terrorism, the (B) when appropriate, make recommenda- requiring such person to produce the evi- Government may need additional powers and tions to such privacy officers and civil lib- dence required by such subpoena. may need to enhance the use of its existing erties officers regarding their activities; and (3) AGENCY COOPERATION.—Whenever infor- powers. (C) when appropriate, coordinate the ac- mation or assistance requested under sub- (2) This shift of power and authority to the tivities of such privacy officers and civil lib- paragraph (A) or (B) of paragraph (1) is, in Government calls for an enhanced system of erties officers on relevant interagency mat- the judgment of the Board, unreasonably re- checks and balances to protect the precious ters. fused or not provided, the Board shall report liberties that are vital to our way of life and (4) TESTIMONY.—The Members of the Board the circumstances to the head of the depart- to ensure that the Government uses its pow- shall appear and testify before Congress upon ment, agency, or element concerned without ers for the purposes for which the powers request. delay. The head of the department, agency, (e) REPORTS.— were given. or element concerned shall ensure that the (1) IN GENERAL.—The Board shall— Board is given access to the information, as- (c) PURPOSE.—The Board shall— (A) receive and review reports from privacy sistance, material, or personnel the Board (1) analyze and review actions the execu- officers and civil liberties officers described tive branch takes to protect the Nation from in section 212; and determines to be necessary to carry out its terrorism; and (B) periodically submit, not less than semi- functions. (2) ensure that liberty concerns are appro- annually, reports— (h) MEMBERSHIP.— priately considered in the development and (i)(I) to the appropriate committees of (1) MEMBERS.—The Board shall be com- implementation of laws, regulations, and Congress, including the Committees on Ap- posed of a chair, a vice chair, and five addi- policies related to efforts to protect the Na- propriations of the Senate and the House of tional members, who shall be appointed by tion against terrorism. Representatives, the Committees on the Ju- the President, by and with the advice and diciary of the Senate and the House of Rep- (d) FUNCTIONS.— consent of the Senate. The President shall resentatives, the Committee on Govern- (1) ADVICE AND COUNSEL ON POLICY DEVELOP- designate the members of the Board who mental Affairs of the Senate, the Committee MENT AND IMPLEMENTATION.—The Board shall serve as the chair and vice chair of the on Government Reform of the House of Rep- shall— Board. The vice chair of the Board shall resentatives, the Select Committee on Intel- (A) review proposed legislation, regula- serve as the chair of the Board in the ab- ligence of the Senate, and the Permanent Se- tions, and policies related to efforts to pro- sence of the chair of the Board. lect Committee on Intelligence of the House tect the Nation from terrorism, including (2) QUALIFICATIONS.—Members of the Board of Representatives; and the development and adoption of informa- shall be selected solely on the basis of their (II) to the President; and professional qualifications, achievements, tion sharing guidelines under section 205(g); (ii) which shall be in unclassified form to (B) review the implementation of new and the greatest extent possible, with a classified public stature, expertise in civil liberties and existing legislation, regulations, and policies annex where necessary. privacy, and relevant experience, and with- related to efforts to protect the Nation from (2) CONTENTS.—Not less than 2 reports sub- out regard to political affiliation, but in no terrorism, including the implementation of mitted each year under paragraph (1)(B) event shall more than 3 members of the information sharing guidelines under section shall include— Board be members of the same political 205(g); (A) a description of the major activities of party. (C) advise the President, Congress, and the the Board during the preceding period; and (3) INCOMPATIBLE OFFICE.—An individual departments, agencies, and elements of the (B) information on the findings, conclu- appointed to the Board may not, while serv- executive branch to ensure that privacy and sions, and recommendations of the Board re- ing on the Board, be an elected official, offi- civil liberties are appropriately considered in sulting from its advice and oversight func- cer, or employee of the Federal Government, the development and implementation of such tions under subsection (d). other than in the capacity as a member of legislation, regulations, policies, and guide- (f) INFORMING THE PUBLIC.—The Board the Board. lines; and shall— (4) TERM.—Each member of the Board shall (D) in providing advice on proposals to re- (1) make its reports, including its reports serve a term of six years, except that— tain or enhance a particular governmental to Congress, available to the public to the (A) a member appointed to a term of office power, consider whether the department, greatest extent that is consistent with the after the commencement of such term may agency, or element of the executive branch protection of classified information and ap- serve under such appointment only for the has explained— plicable law; and remainder of such term; (i) that the power actually materially en- (2) hold public hearings and otherwise in- (B) upon the expiration of the term of of- hances security; form the public of its activities, as appro- fice of a member, the member shall continue (ii) that there is adequate supervision of priate and in a manner consistent with the to serve until the member’s successor has the use by the executive branch of the power protection of classified information and ap- been appointed and qualified, except that no to ensure protection of privacy and civil lib- plicable law. member may serve under this subpara- erties; and (g) ACCESS TO INFORMATION.— graph— (iii) that there are adequate guidelines and (1) AUTHORIZATION.—If determined by the (i) for more than 60 days when Congress is oversight to properly confine its use. Board to be necessary to carry out its rein session unless a nomination to fill the va- (2) OVERSIGHT.—The Board shall contin- sponsibilities under this section, the Board is cancy shall have been submitted to the Sen- ually review— authorized to— ate; or (A) the regulations, policies, and proce- (A) have access from any department, (ii) after the adjournment sine die of the dures, and the implementation of the regula- agency, or element of the executive branch, session of the Senate in which such nominations, policies, and procedures, of the depart- or any Federal officer or employee, to all rel- tion is submitted; and ments, agencies, and elements of the execu- evant records, reports, audits, reviews, docu- (C) of the members initially appointed tive branch to ensure that privacy and civil ments, papers, recommendations, or other under this subsection, two shall serve terms liberties are protected; relevant material, including classified infor- of two years, two shall serve terms of four (B) the information sharing practices of mation consistent with applicable law; years, and two shall serve terms of six years, the departments, agencies, and elements of (B) interview, take statements from, or with such terms to be allotted among such the executive branch to determine whether take public testimony from personnel of any members by the President. they appropriately protect privacy and civil department, agency, or element of the execu- (5) QUORUM AND MEETINGS.—After its ini- liberties and adhere to the information shar- tive branch, or any Federal officer or em- tial meeting, the Board shall meet upon the ing guidelines prescribed under section 205(g) ployee; call of the chairman or a majority of its and to other governing laws, regulations, (C) request information or assistance from members. Three members of the Board shall and policies regarding privacy and civil lib- any State, tribal, or local government; and constitute a quorum. erties; and (D) require, by subpoena issued at the di- (6) REMOVAL.—The President may remove a (C) other actions by the executive branch rection of a majority of the members of the member of the Board from service on the related to efforts to protect the Nation from Board, persons (other than departments, Board only for neglect of duty or malfea- terrorism to determine whether such ac- agencies, and elements of the executive sance. The President shall immediately com- tions— branch, the legislative branch, and the judi- municate to Congress notice of the removal (i) appropriately protect privacy and civil cial branch) to produce any relevant infor- of a member of the Board, together with a liberties; and mation, documents, reports, answers, justification for the removal of the member. (ii) are consistent with governing laws, records, accounts, papers, and other docu- regulations, and policies regarding privacy mentary or testimonial evidence. (i) COMPENSATION AND TRAVEL EXPENSES.— and civil liberties. (2) ENFORCEMENT OF SUBPOENA.—In the case (1) COMPENSATION.— (3) RELATIONSHIP WITH PRIVACY AND CIVIL of contumacy or failure to obey a subpoena (A) CHAIRMAN.—The chairman shall be LIBERTIES OFFICERS.—The Board shall— issued under paragraph (1)(D), the United compensated at the rate of pay payable for a (A) review and assess reports and other in- States district court for the judicial district position at level III of the Executive Sched- formation from privacy officers and civil lib- in which the subpoenaed person resides, is ule under section 5314 of title 5, United erties officers described in section 212; served, or may be found may issue an order States Code. S10104 CONGRESSIONAL RECORD — SENATE September 30, 2004

(B) MEMBERS.—Each member of the Board TITLE ll—CHEMICAL FACILITIES (iii) the protection of the perimeter of the shall be compensated at a rate of pay pay- SECURITY chemical source; able for a position at level IV of the Execu- SEC. ll01. SHORT TITLE. (iv) the installation and operation of intru- tive Schedule under section 5315 of title 5, This title may be cited as the ‘‘Chemical sion detection sensors; United States Code, for each day during Facilities Security Act of 2004’’. (v) the implementation of measures to in- which that member is engaged in the actual SEC. ll02. DEFINITIONS. crease computer or computer network secu- performance of the duties of the Board. In this title: rity; (2) TRAVEL EXPENSES.—Members of the (1) ALTERNATIVE APPROACHES.—The term (vi) the implementation of other security- Board shall be allowed travel expenses, in- ‘‘alternative approaches’’ means ways of re- related measures to protect against or re- cluding per diem in lieu of subsistence, at ducing the threat of a terrorist release and duce the threat of— rates authorized for persons employed inter- the consequences of a terrorist release from (I) a terrorist attack on the chemical mittently by the Government under section a chemical source by such means as— source; or 5703(b) of title 5, United States Code, while (A) the use of smaller quantities of sub- (II) the theft of a substance of concern for away from their homes or regular places of stances of concern; offsite release in furtherance of an act of ter- business in the performance of services for (B) replacement of a substance of concern rorism; the Board. with a less hazardous substance; or (vii) the installation of measures and con- (j) STAFF.— (C) the use of less hazardous processes. trols to protect against or reduce the con- (1) APPOINTMENT AND COMPENSATION.—The (2) CHEMICAL SOURCE.— sequences of a terrorist attack; and Chairman, in accordance with rules agreed (A) IN GENERAL.—The term ‘‘chemical (viii) the conduct of any similar security- upon by the Board, shall appoint and fix the source’’ means a stationary source (as de- related activity, as determined by the Sec- compensation of a full-time executive direc- fined in section 112(r)(2) of the Clean Air Act retary. tor and such other personnel as may be nec- (42 U.S.C. 7412(r)(2))) for which— (11) SUBSTANCE OF CONCERN.—The term essary to enable the Board to carry out its (i) the owner or operator is required to ‘‘substance of concern’’ means— functions, without regard to the provisions complete a risk management plan in accord- (A) a chemical substance present at a of title 5, United States Code, governing ap- ance with section 112(r)(7)(B)(ii) of the Clean chemical source in quantities equal to or ex- pointments in the competitive service, and Air Act (42 U.S.C. 7412(r)(7)(B)(ii)); and ceeding the threshold quantities for the without regard to the provisions of chapter (ii) the Secretary is required to promul- chemical substance, as defined in or estab- 51 and subchapter III of chapter 53 of such gate implementing regulations under section lished under paragraphs (3) and (5) of section title relating to classification and General ll03(a) of this title. 112(r) of the Clean Air Act (42 U.S.C. 7412(r)); Schedule pay rates, except that no rate of (B) EXCLUSIONS.—The term ‘‘chemical and pay fixed under this subsection may exceed source’’ does not include— (B) such other chemical substance as the the equivalent of that payable for a position (i) any facility owned and operated by the Secretary may designate under section at level V of the Executive Schedule under Department of Defense or the Department of ll03(g). section 5316 of title 5, United States Code. Energy; or (12) TERRORISM.—The term ‘‘terrorism’’ has (2) DETAILEES.—Any Federal employee may (ii) any facility that uses ammonia as fer- the meaning given the term in section 2 of be detailed to the Board without reimburse- tilizer as an end user or holds ammonia for the Homeland Security Act of 2002 (6 U.S.C. ment from the Board, and such detailee shall sale as a fertilizer at a retail facility, unless 101). retain the rights, status, and privileges of the Secretary determines that a terrorist re- (13) TERRORIST RELEASE.—The term ‘‘ter- the detailee’s regular employment without lease from the facility would pose potential rorist release’’ means— interruption. harm to more than 10,000 people. (A) a release from a chemical source into (3) CONSULTANT SERVICES.—The Board may (3) CONSIDERATION OF ALTERNATIVE AP- the environment of a substance of concern procure the temporary or intermittent serv- PROACHES.—The term ‘‘consideration of al- that is caused by an act of terrorism; and ices of experts and consultants in accordance ternative approaches’’ includes— (B) the theft of a substance of concern by with section 3109 of title 5, United States (A) an analysis of alternative approaches, a person for off-site release in furtherance of Code, at rates that do not exceed the daily including the benefits and risks of such ap- an act of terrorism. rate paid a person occupying a position at proaches; SEC. ll03. VULNERABILITY ASSESSMENTS AND level IV of the Executive Schedule under sec- (B) the potential of the alternative ap- SITE SECURITY PLANS. tion 5315 of such title. proaches to prevent or reduce the threat or (a) REQUIREMENT.— (k) SECURITY CLEARANCES.—The appro- consequences of a terrorist release; (1) IN GENERAL.—Not later than 1 year after priate departments, agencies, and elements (C) the cost and technical feasibility of al- the date of enactment of this Act, the Sec- of the executive branch shall cooperate with ternative approaches; and retary shall promulgate regulations that re- the Board to expeditiously provide the Board (D) the effect of alternative approaches on quire the owner or operator of each chemical members and staff with appropriate security product quality, product cost, and employee source included on the list described in sub- clearances to the extent possible under exist- safety. section (f)— ing procedures and requirements. (4) DEPARTMENT.—The term ‘‘Department’’ (A) to conduct an assessment of the vulner- (l) TRANSMITTAL OF CERTAIN MATTERS.— means the Department of Homeland Secu- ability of the chemical source to a terrorist (1) BUDGETS.—Whenever the Board submits rity. release, including identifying hazards that to the Director of the Office of Management (5) ENVIRONMENT.—The term ‘‘environ- may result from a terrorist release; and and Budget an estimate or request regarding ment’’ has the meaning given the term in (B) to prepare and implement a site secu- the budget of the Board, the Board shall con- section 101 of the Comprehensive Environ- rity plan that addresses the results of the currently submit such estimate or request to mental Response, Compensation, and Liabil- vulnerability assessment. Congress. ity Act of 1980 (42 U.S.C. 9601). (2) CONTENTS OF SITE SECURITY PLAN.—A (2) PROPOSALS OR COMMENTS ON LEGISLA- (6) OWNER OR OPERATOR.—The term ‘‘owner site security plan required under the regula- TION.— or operator’’ has the meaning given the term tions promulgated under paragraph (1) or (B) PROHIBITION ON INTERFERENCE.—No offi- in section 112(a) of the Clean Air Act (42 any other plan determined to be substan- cer of the executive branch may require the U.S.C. 7412(a)). tially equivalent by the Secretary under sub- Board to submit a proposal for legislation, or (7) PERSON.—The term ‘‘person’’ includes— section (c)— recommendations, comments, or testimony (A) the Federal Government; and (A) shall include security measures to sig- on a proposal for legislation, to such officer (B) a State or local government. nificantly reduce the vulnerability of the for the comment, review, or approval of such (8) RELEASE.—The term ‘‘release’’ has the chemical source covered by the plan to a ter- officer before its submittal to Congress meaning given the term in section 101 of the rorist release; under subparagraph (A). Comprehensive Environmental Response, (B) shall describe, at a minimum, par- (m) TREATMENT AS AGENCY, NOT AS ADVI- Compensation, and Liability Act of 1980 (42 ticular equipment, plans, and procedures SORY COMMITTEE.—The Board— U.S.C. 9601). that could be implemented or used by or at (9) SECRETARY.—The term ‘‘Secretary’’ the chemical source in the event of a ter- SA 3849. Mr. CORZINE (for himself means the Secretary of Homeland Security. rorist release; and and Mr. LAUTENBERG) submitted an (10) SECURITY MEASURE.— (C) shall include consideration of alter- amendment intended to be proposed by (A) IN GENERAL.—The term ‘‘security meas- native approaches and, where practicable in him to the bill S. 2845, to reform the in- ure’’ means an action carried out to ensure the judgment of the owner or operator of the telligence community and the intel- or enhance the security of a chemical source. chemical source, implementation of options ligence and intelligence-related activi- (B) INCLUSIONS.—The term ‘‘security meas- to reduce the threat of a terrorist release ties of the United States Government, ure’’, with respect to a chemical source, in- through the use of alternative approaches. cludes measures such as— (3) IMPLEMENTATION OF ALTERNATIVE AP- and for other purposes; which was or- (i) employee training and background and PROACHES AT HIGHEST RISK FACILITIES.— dered to lie on the table; as follows: identification authentication checks; (A) IN GENERAL.—A chemical source de- At the appropriate place, insert the fol- (ii) the limitation and prevention of access scribed in subparagraph (B) shall implement lowing: to controls of the chemical source; options to significantly reduce or eliminate September 30, 2004 CONGRESSIONAL RECORD — SENATE S10105 the threat or consequences of a terrorist re- submit assessments and response plans in (I) industry; lease through the use of alternative ap- each year following the submission deadline (II) State or local authorities; or proaches that would not create an equal or under paragraph (2); and (III) other applicable law; and greater risk to human health or the environ- (ii) complete the review and determination (ii) the requirements of which the Sec- ment. of compliance with this title for all such fa- retary determines to be— (B) APPLICABILITY.—This subparagraph ap- cilities not later than 5 years after the dead- (I) substantially equivalent to each of sub- plies to a chemical source if the chemical line. paragraphs (A) and (B) of subsection (a)(1) source is 1 of the 123 facilities that the Sec- (B) SUBSEQUENT REVIEW.—After conducting and subparagraphs (A), (B), and (C) of sub- retary determines would pose a risk of harm reviews and determining compliance under section (a)(2); and to the greatest number of people in the event this title for all chemical sources, the Sec- (II) in effect on or after the date of enact- of a terrorist release, unless the owner or op- retary may subsequently conduct a review ment of this Act; and erator of the chemical source can dem- and determine compliance under this title (B) require that a vulnerability assessment onstrate to the Secretary through an assess- for a chemical source. and site security plan address a particular ment of alternative approaches that avail- (C) REVIEW OF ADDED CHEMICAL SOURCES threat or type of threat. able alternative approaches— AND UPDATED ASSESSMENTS AND PLANS.—The (2) NOTIFICATION OF SUBSTANTIAL EQUIVA- (i) would not significantly reduce the num- Secretary shall review and determine com- LENCY.—If the Secretary endorses or recog- ber of people at risk of death, injury, or seri- pliance under this title not later than 3 nizes procedures, protocols, and standards ous adverse effects resulting from a terrorist years after the date of submission of assess- under paragraph (1)(A), the Secretary shall release; ments and response plans for chemical provide notice to the person that submitted (ii) cannot practicably be incorporated sources that— the petition. into the operation of the chemical source; or (i) update their vulnerability assessments (3) NO ACTION BY SECRETARY.—If the Sec- (iii) would significantly and demonstrably or response plans under this paragraph or retary does not endorse or recognize existing impair the ability of the owner or operator subsection (h); or procedures, protocols, and standards under of the chemical source to continue its busi- (ii) are added under subsection (f)(3). paragraph (1)(A), the Secretary shall provide ness. (5) CERTIFICATE.— to each person that submitted a petition (4) GUIDANCE TO CHEMICAL SOURCES.—Not (A) FACILITIES DETERMINED TO BE IN COM- under paragraph (1) a written notification later than 1 year after the date of enactment PLIANCE.—If the Secretary completes a re- that includes a clear explanation of the rea- of this Act, the Secretary shall publish guid- view under paragraph (3) and determines sons why the endorsement or recognition ance to assist owners and operators of chem- that the vulnerability assessment and site was not made. ical sources in complying with this title, insecurity plan of a chemical source are in (d) PREPARATION OF ASSESSMENTS AND cluding advice on aspects of compliance with compliance with the requirements of this PLANS.—As of the date of endorsement or this title that may be unique to small busi- title, the Secretary shall provide to the recognition by the Secretary of a particular nesses (including completion of analyses of chemical source and make available for pub- procedure, protocol, or standard under sub- alternative approaches). lic inspection a certificate of approval that section (c)(1)(A), any vulnerability assess- (5) THREAT INFORMATION.—To the max- contains the following statement (in which ment or site security plan that is prepared imum extent practicable under applicable the first bracketed space shall contain the by the owner or operator of a chemical authority and in the interests of national se- name of the chemical source and the second source before, on, or after the date of en- curity, the Secretary shall provide to an bracketed space shall contain the Public dorsement or recognition of, and in accord- owner or operator of a chemical source re- Law number assigned to this Act): quired to prepare a vulnerability assessment ance with, that procedure, protocol, or ‘‘The Secretary of Homeland Security cer- standard, shall, for the purposes of sub- and site security plan threat information tifies that the Department of Homeland Se- that is relevant to the chemical source. section (b)(3) and section ll04, be judged by curity has reviewed and approved the vulner- the Secretary against that procedure, pro- (6) COORDINATED ASSESSMENTS AND PLANS.— ability assessment and site security plan tocol, or standard rather than the relevant The regulations promulgated under para- submitted by [lll] under the Chemical Fa- regulations promulgated under subsection graph (1) shall permit the development and cilities Security Act of 2004 (Public Law (a)(1) (including such a vulnerability assess- implementation of coordinated vulnerability [lll]).’’. ment or site security plan prepared before, assessments and site security plans in any (B) FACILITIES AWAITING REVIEW.—If a per- on, or after the date of enactment of this case in which more than 1 chemical source is son requests a certificate of approval for a Act). operating at a single location or at contig- chemical source the vulnerability assess- uous locations, including cases in which a ment and site security plan of which have (e) REGULATORY CRITERIA.—In exercising chemical source is under the control of more not yet been reviewed for compliance with the authority under subsections (a) and (c) than 1 owner or operator. this title, the Secretary shall make available with respect to a chemical source, the Sec- (b) CERTIFICATION AND SUBMISSION.— for public inspection a certificate that con- retary shall consider— (1) IN GENERAL.—Each owner or operator of tains the following statement (in which the (1) the likelihood that a chemical source a chemical source shall certify in writing to first bracketed space shall contain the name will be the target of terrorism; the Secretary that the owner or operator has of the chemical source and the second brack- (2) the nature and quantity of the sub- completed a vulnerability assessment and eted space shall include the Public Law num- stances of concern present at a chemical has developed and implemented or is imple- ber assigned to this Act): source; menting a site security plan in accordance ‘‘The Secretary of Homeland Security’s re- (3) the potential extent of death, injury, or with this title, including— view of the vulnerability assessment and site serious adverse effects to human health or (A) regulations promulgated under sub- security plan submitted by [lll] under the the environment that would result from a section (a)(1); and Chemical Facilities Security Act of 2004 terrorist release; (B) any applicable procedures, protocols, or (Public Law [lll]) is pending.’’. (4) the potential harm to critical infra- standards endorsed or recognized by the Sec- (6) DETERMINATION OF NONCOMPLIANCE.—If structure and national security from a ter- retary under subsection (c)(1). the Secretary determines under paragraph rorist release; (2) SUBMISSION.—Not later than 18 months (3) that a chemical source is not in compli- (5) cost and technical feasibility; after the date of promulgation of regulations ance with the requirements of this title (in- (6) scale of operations; and under subsection (a)(1), an owner or operator cluding regulations promulgated under this (7) such other security-related factors as of a chemical source shall provide to the title) the Secretary shall exercise the au- the Secretary determines to be appropriate Secretary copies of the vulnerability assess- thority provided in section ll04. and necessary to protect the public health ment and site security plan of the chemical (7) SUBMISSION OF CHANGES.—The owner or and welfare, critical infrastructure, and na- source for review. operator of a chemical source shall— tional security. (3) REVIEW BY THE SECRETARY.—The Sec- (A) not later than 90 days after the date on (f) LIST OF CHEMICAL SOURCES.— retary shall review the assessments and which any significant change is made to the (1) IN GENERAL.—Not later than 180 days plans submitted by the owner or operator of vulnerability assessment or site security after the date of enactment of this Act, the a chemical source under paragraph (2) to de- plan required for the chemical source under Secretary shall develop a list of chemical termine whether the chemical source is in this section, provide to the Secretary a de- sources in existence as of that date. compliance with— scription of the change; and (2) CONSIDERATIONS.—In developing the list (A) this title (including regulations pro- (B) update the certification of the vulner- under paragraph (1), the Secretary shall con- mulgated under subsection (a)(1)); and ability assessment or site security plan. sider the criteria specified in subsection (e). (B) other applicable procedures, protocols, (c) SPECIFIED STANDARDS.— (3) FUTURE DETERMINATIONS.—Not later or standards endorsed or recognized by the (1) EXISTING PROCEDURES, PROTOCOLS, AND than 3 years after the date of promulgation Secretary under subsection (c)(1). STANDARDS.—On submission of a petition by of regulations under subsection (a)(1) and (4) TIMELINE.— any person to the Secretary, the Secretary every 3 years thereafter, the Secretary shall, (A) IN GENERAL.—The Secretary shall— may initiate a rulemaking to— after considering the criteria described in (i) conduct the review and determine com- (A) endorse or recognize procedures, proto- subsection (e)— pliance under this title for not fewer than 20 cols, and standards— (A) determine whether additional sta- percent of the chemical sources required to (i) that are established by— tionary sources (including, as of the date of S10106 CONGRESSIONAL RECORD — SENATE September 30, 2004

the determination, facilities that are oper- (A) a regulation promulgated under section (i) IN GENERAL.—An order issued by the ational and facilities that will become oper- ll03(a)(1); or Secretary under this paragraph shall be ef- ational in the future) shall be considered to (B) a procedure, protocol, or standard en- fective for the 60-day period beginning on the be chemical sources under this title; dorsed or recognized under section ll03(c); date of issuance of the order unless the Sec- (B) determine whether any chemical or retary brings a civil action under paragraph source identified on the most recent list (2) the site security plan, or the implemen- (2) before the expiration of that period. under paragraph (1) no longer presents a risk tation of the site security plan, is insuffi- (ii) EXTENSION OF EFFECTIVE PERIOD.—With sufficient to justify retention of classifica- cient to address— respect to an order issued under this para- tion as a chemical source under this title; (A) the results of a vulnerability assess- graph, the Secretary may bring a civil action and ment of a chemical source; or before the end of the 60-day period described (C) update the list as appropriate. (B) a threat or consequence of a terrorist in clause (i) to extend the effective period of (4) REGULATIONS.—The Secretary may release. the order for— make a determination under this subsection (c) COMPLIANCE.—If the Secretary dis- (I) 14 days; or in regulations promulgated under subsection approves a vulnerability assessment or site (II) such longer period as the court in (a)(1). security plan of a chemical source under sub- which the civil action is brought may au- (g) DESIGNATION, EXEMPTION, AND ADJUST- section (b), the Secretary shall— thorize. MENT OF THRESHOLD QUANTITIES OF SUB- (1) provide the owner or operator of the (e) PROTECTION OF INFORMATION.—Any determination of disapproval or order made or STANCES OF CONCERN.— chemical source a written notification of the issued under this section shall be exempt (1) IN GENERAL.—The Secretary may, by determination that includes a clear expla- from disclosure— regulation— nation of deficiencies in the vulnerability as- (1) under section 552 of title 5, United (A) designate certain chemical substances sessment, site security plan, or implementa- States Code; in particular threshold quantities as sub- tion of the assessment or plan; (2) under any State or local law providing stances of concern under this title; (2) consult with the owner or operator of for public access to information; and (B) exempt certain chemical substances the chemical source to identify appropriate (3) except as provided in section ll08(d), from designation as substances of concern steps to achieve compliance; and under this title; and in any Federal or State civil or administra- (3) if, following that consultation, the tive proceeding. (C) adjust the threshold quantity of a owner or operator of the chemical source chemical substance for purposes of this title. SEC. ll05. INTERAGENCY TECHNICAL SUPPORT does not achieve compliance by such date as AND COOPERATION. (2) CONSIDERATIONS.—In designating or ex- the Secretary determines to be appropriate The Secretary— empting a chemical substance or adjusting under the circumstances, issue an order re- the threshold quantity of a chemical sub- (1) may request other Federal agencies to quiring the owner or operator to correct provide technical and analytical support stance under paragraph (1), the Secretary specified deficiencies. shall consider the potential extent of death, (other than field work) in carrying out this (d) EMERGENCY POWERS.— title; injury, or serious adverse effects to human (1) DEFINITION OF EMERGENCY THREAT.—In (2) may provide reimbursement for such health or the environment that would result this subsection, the term ‘‘emergency technical and analytical support received as from a terrorist release of the chemical sub- threat’’ means a threat of a terrorist act the Secretary determines to be appropriate; stance. that could result in a terrorist release at a and (3) REGULATIONS.—The Secretary may chemical source— (3) shall, in consultation with other rel- make a designation, exemption, or adjust- (A) that is beyond the scope of the site se- evant Federal agencies, take steps to mini- ment in regulations promulgated under sub- curity plan as implemented at the chemical mize any duplicative administrative burdens section (a)(1). source; on, or requirements of, any owner or oper- (h) 5-YEAR REVIEW.—Not later than 5 years (B) the likelihood of the immediate occur- after the date of certification of a vulner- ator of a chemical facility that are imposed rence of which is high; ability assessment and a site security plan by this Act and— under subsection (b)(1), and not less often (C) the consequences of which would be se- (A) the Maritime Transportation Security than every 5 years thereafter (or on such a vere; and Act of 2002 (116 Stat. 2064) and the amend- schedule as the Secretary may establish by (D) based on the factors described in sub- ments made by that Act; regulation), the owner or operator of the paragraphs (A) through (C), would not be ap- (B) the Public Health Security Prepared- chemical source covered by the vulnerability propriately and reasonably addressed, or ad- ness and Bioterrorism and Response Act of assessment or site security plan shall— dressed in a timely manner, by the Secretary 2002 (116 Stat. 594) and the amendments made (1) review the adequacy of the vulner- under subsections (a) through (c). by that Act; or ability assessment and site security plan; (2) INITIATION OF ACTION.— (C) any other Federal law. and (A) IN GENERAL.—If the Secretary (in con- SEC. ll06. RECORDKEEPING; SITE INSPEC- (2)(A) certify to the Secretary that the sultation with State and local law enforce- TIONS; PRODUCTION OF INFORMA- TION. chemical source has completed the review ment officials) determines that an emergency threat exists, the Secretary may bring (a) RECORDKEEPING.—The owner or oper- and implemented any modifications to the ator of a chemical source that is required to site security plan; and a civil action on behalf of the United States in United States district court to imme- prepare a vulnerability assessment or site se- (B) submit to the Secretary a description curity plan under section ll03(a) shall of any changes to the vulnerability assess- diately require each chemical source potentially subject to the emergency threat to maintain a current copy of those documents. ment or site security plan. (b) RIGHT OF ENTRY.—In carrying out this take such actions as are necessary to re- (i) NO PRIVATE RIGHT OF ACTION.—Nothing title, the Secretary (or a designee), on pres- spond to the emergency threat. in this title— entation of credentials, shall have a right of (B) NOTICE AND PARTICIPATION.—The Sec- (1) confers on any private person a right of entry to, on, or through— retary shall provide to each chemical source action against an owner or operator of a (1) any premises of an owner or operator of that is the subject of a civil action under chemical source to enforce any provision of a chemical source described in subsection subparagraph (A)— this title; (a); and (i) notice of any injunctive relief to compel (2) creates any liability on the part of an (2) any premises on which any record re- compliance with this subsection that is owner or operator of a chemical source aris- quired to be maintained under subsection (a) being sought; and ing out of any event that could not reason- is located. ably have been foreseen by the owner or op- (ii) an opportunity to participate in any (c) REQUESTS FOR RECORDS.—In carrying erator; or proceedings relating to the civil action. out this title, the Secretary (or a designee) (3) affects any other remedies or defenses (3) EMERGENCY ORDERS.— may require the submission of, or, on presen- available under Federal or State law. (A) IN GENERAL.—If the Secretary deter- tation of credentials, may at reasonable SEC. ll04. ENFORCEMENT. mines that it is not practicable to ensure times seek access to and copy— (a) FAILURE TO COMPLY.—If an owner or op- prompt action to protect public safety from (1) any records, reports, or other informa- erator of a chemical source fails to certify or an emergency threat by bringing a civil action described in subsection (a); and submit a vulnerability assessment or site se- tion under paragraph (2), the Secretary may (2) any other documentation necessary curity plan in accordance with this title, the issue such orders as are necessary to ensure for— Secretary may issue an order requiring the public safety. (A) review or analysis of a vulnerability as- certification and submission of a vulner- (B) CONSULTATION.—Before issuing an order sessment or site security plan; or ability assessment or site security plan in under subparagraph (A), the Secretary (B) implementation of a site security plan. accordance with section ll03(b). shall— (d) COMPLIANCE.—If the Secretary deter- (b) DISAPPROVAL.—The Secretary may dis- (i) consult with State and local law en- mines that an owner or operator of a chem- approve a vulnerability assessment or site forcement officials; and ical source is not maintaining, producing, or security plan submitted under section (ii) attempt to confirm the accuracy of the permitting access to records as required by ll03(b) if the Secretary determines that— information on which the action proposed to this section, the Secretary may issue an (1) the vulnerability assessment or site se- be taken is based. order requiring compliance with the relevant curity plan does not comply with— (C) EFFECTIVENESS OF ORDERS.— provisions of this section. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10107 SEC. ll07. PENALTIES. graphs (1) and (5) of subsection (b) and sub- to public security or endanger the life or (a) ADMINISTRATIVE PENALTIES.— section (h)(2)(A) of section ll03, protected safety of a person if the information were (1) PENALTY ORDERS.—The Secretary may information shall be exempt from disclosure publicly disclosed; and impose an administrative penalty of not under— (II) shall consider imposing any prohibi- more than $250,000 for failure to comply with (1) section 552 of title 5, United States tions or restrictions on disclosure of the pro- an order issued by the Secretary under this Code; and tected information necessary to avert such title. (2) any State or local law providing for threat or danger. (B) NOTICE AND HEARING.—Before issuing an public access to information. (2) JUDICIAL PROCEEDINGS.— order under subparagraph (A), the Secretary (c) DEVELOPMENT OF PROTOCOLS.— (A) IN GENERAL.—In a judicial proceeding shall provide to the person against which the (1) IN GENERAL.—The Secretary, in con- in which a person seeks to compel the disclo- penalty is to be assessed— sultation with the Director of the Office of sure of protected information, or to offer (i) written notice of the proposed order; Management and Budget and appropriate protected information into evidence, the per- and Federal law enforcement and intelligence of- son to which the discovery request is di- (ii) the opportunity to request, not later ficials, and in a manner consistent with pro- rected, the person seeking to offer evidence, than 30 days after the date on which the per- tections for sensitive or classified informa- or the owner or operator of a chemical son receives the notice, a hearing on the pro- tion, shall by regulation establish confiden- source shall provide written notice of the re- posed order. tiality protocols for maintenance and use of quest to— (3) PROCEDURES.—The Secretary may pro- protected information. (i) the United States Attorney for the dis- mulgate regulations establishing procedures (2) REQUIREMENTS FOR PROTOCOLS.—A pro- trict in which the court conducting the pro- for administrative hearings and appropriate tocol established under paragraph (1) shall ceeding is located; review, including necessary deadlines. ensure that— (ii) the Secretary; and (b) CIVIL PENALTIES.—Any owner or oper- (A) protected information shall be main- (iii) the court of jurisdiction. ator of a chemical source that violates or tained in a secure location; and (B) CONTENTS.—A notice under subpara- fails to comply with any order issued by the (B) except as provided in subsection (e)(2), graph (A) shall include a brief description of Secretary under this title or site security or as necessary for enforcement of this title the protected information. plan submitted to the Secretary under this or any law, in either case consistent with (C) RESPONSE BY SECRETARY.— title may, in a civil action brought in United subsection (d), access to protected informa- (i) IN GENERAL.—Not later than 60 days States district court, be subject, for each day tion shall be limited to persons designated after the date on which the Secretary re- on which the violation occurs or the failure by the Secretary, including State or local ceives a notice under subparagraph (A), the to comply continues, to— law enforcement officers or other officials Secretary shall issue to each entity de- (1) an order for injunctive relief; or (including first responders) to the extent dis- scribed in that subparagraph a response to (2) a civil penalty of not more than $50,000. closure is needed to carry out the purposes of the notice. (c) CRIMINAL PENALTIES.—An owner or op- this title or to further the investigation of a (ii) DETERMINATION OF THREAT.—If the Sec- erator of a chemical source that knowingly potential violation of any law. retary determines that disclosure of pro- violates any order issued by the Secretary (d) TREATMENT OF PROTECTED INFORMATION tected information covered by a notice under under this title or knowingly fails to comply IN FEDERAL OR STATE ADMINISTRATIVE OR JU- subparagraph (A) would pose a threat to pub- with a site security plan submitted to the DICIAL PROCEEDINGS.— lic security or endanger the life or safety of Secretary under this title shall be fined not (1) ADMINISTRATIVE PROCEEDINGS.— any person, the Secretary shall have the au- more than $50,000 for each day of violation, (A) IN GENERAL.—In an administrative pro- thority to request from the court of jurisdic- imprisoned not more than 2 years, or both. ceeding in which a person seeks to compel tion any prohibitions or restrictions on dis- SEC. ll08. PROTECTION OF INFORMATION. the disclosure of protected information or to closure of the protected information nec- (a) DEFINITION OF PROTECTED INFORMA- offer protected information into evidence, essary to avert such threat or danger. TION.— the person to which the discovery request is (D) PROHIBITION.— (1) IN GENERAL.—In this section, the term directed, the person seeking to offer evi- (i) IN GENERAL.—No party to a judicial pro- ‘‘protected information’’ means— dence, or the owner or operator of a chemical ceeding may disclose protected information (A) a vulnerability assessment or site secu- source shall provide written notice of the re- except consistently with any restrictions es- rity plan required by subsection (a) or (b) of quest to— tablished by the judge regarding that infor- section ll03; (i) the United States Attorney for the dis- mation. (B) any study, analysis, or other document trict in which the administrative entity con- (ii) NO RESPONSE.—If a court of jurisdiction generated by the owner or operator of a ducting the proceeding is located; has not received a response from the Sec- chemical source primarily for the purpose of (ii) the Secretary; and retary by the date that is 60 days after the preparing a vulnerability assessment or site (iii) the administrative entity conducting date of receipt by the Secretary of a notice security plan (including any alternative ap- the proceeding. under subparagraph (A), the court— proach analysis); and (B) CONTENTS.—A notice under subpara- (I) shall determine whether the informa- (C) any other information provided to or graph (A) shall include a brief description of tion qualifies as protected information that obtained or obtainable by the Secretary sole- the protected information. would pose a threat to public security or en- ly for the purposes of this title from the (C) RESPONSE BY THE SECRETARY.— danger the life or safety of a person if the in- owner or operator of a chemical source that, (i) IN GENERAL.—Not later than 60 days formation were publicly disclosed; and if released, is reasonably likely to increase after the date on which the Secretary re- (II) shall consider imposing any prohibi- the probability or consequences of a terrorist ceives a notice under subparagraph (A), the tions or restrictions on disclosure of the pro- release. Secretary shall issue to each entity de- tected information necessary to avert such a (2) OTHER OBLIGATIONS UNAFFECTED.—Noth- scribed in that subparagraph a response to threat or danger. ing in this section affects— the notice. (e) PENALTIES FOR UNAUTHORIZED DISCLO- (A) the handling, treatment, or disclosure (ii) DETERMINATION OF THREAT.—If the Sec- SURE.— of information obtained from a chemical retary determines that disclosure of pro- (1) IN GENERAL.—Except as provided in source under any other law; tected information covered by a notice under paragraph (2), any person referred to in sub- (B) any obligation of the owner or operator subparagraph (A) would pose a threat to pub- section (c)(2)(B) that acquires any protected of a chemical source to submit or make lic security or endanger the life or safety of information, and that knowingly or reck- available information to a Federal, State, or any person, the Secretary shall have the au- lessly discloses the protected information, local government agency under, or otherwise thority to request from the administrative shall— to comply with, any other law; or entity any prohibitions or restrictions on (A) be imprisoned not more than 1 year, (C) the public disclosure of information de- disclosure of the protected information nec- fined under title 18, United States Code (ap- rived from protected information, so long as essary to avert such threat or danger. plicable to class A misdemeanors), or both; the information disclosed— (D) PROHIBITION.— and (i) would not divulge methods or processes (i) IN GENERAL.—No party to an adminis- (B) if the person is a Federal officer or em- entitled to protection as trade secrets in ac- trative proceeding may disclose protected in- ployee, be removed from Federal office or cordance with the purposes of section 1905 of formation except consistently with any re- employment. title 18, United States Code; strictions established by the administrative (2) EXCEPTIONS.— (ii) does not identify any particular chem- entity regarding that information. (A) IN GENERAL.—Paragraph (1) shall not ical source; and (ii) NO RESPONSE.—If an administrative en- apply to a person described in that subpara- (iii) is not reasonably likely to increase tity has not received a response from the graph that discloses protected information— the probability or consequences of a terrorist Secretary by the date that is 60 days after (i) to a person designated by the Secretary release, the date of receipt by the Secretary of a no- under subsection (c)(2)(B); even if the same information is also con- tice under subparagraph (A), an administra- (ii) for the purpose of section 6; or tained in a document referred to in para- tive entity— (iii) consistent with subsection (d), for use graph (1). (I) shall determine whether the informa- in any administrative or judicial proceeding (b) DISCLOSURE EXEMPTION.—Except with tion covered by the notice qualifies as pro- to enforce, or to impose a penalty for failure respect to certifications specified in para- tected information that would pose a threat to comply with, a requirement of this title. S10108 CONGRESSIONAL RECORD — SENATE September 30, 2004

(B) LAW ENFORCEMENT OFFICIALS AND FIRST site security plan under any another Federal described in paragraph (1) for any alien RESPONDERS.—Notwithstanding paragraph law may petition the Secretary to be subject whose visa was revoked prior to the date of (1), a person referred to in subsection to the other Federal law in lieu of this title. enactment of this Act. (c)(2)(B) that is an officer or employee of the (2) DETERMINATION OF SUBSTANTIAL EQUIVA- (b) AUTHORITY TO RECEIVE INFORMATION.— United States may disclose to a State or LENCE.—If the Secretary determines by rule- (1) IN GENERAL.—Section 534(a) of title 28, local law enforcement official or other offi- making that a Federal law covered by a peti- United States Code, is amended by adding at cial (including a first responder) the con- tion submitted by a chemical source under the end the following new paragraph: tents of a vulnerability assessment or site paragraph (1) is substantially equivalent to ‘‘(5) acquire, collect, classify, and preserve security plan, or other information described this title (including the requirements re- records of violations of the immigration laws in that subsection, to the extent disclosure garding alternative approaches under section of the United States.’’. is necessary to carry out this title. ll03(a))— (2) CONFORMING AMENDMENTS.—Such sec- (f) CONGRESSIONAL ACCESS TO INFORMA- (A) the Secretary may grant the petition; tion, as amended by paragraph (1), is further TION.—Nothing in this section authorizes the and amended— withholding of information from Congress. (B) the chemical source shall be subject to (A) in paragraph (3), by striking ‘‘and’’ at SEC. ll09. PROVISION OF TRAINING AND OTHER the other Federal law in lieu of this title. the end; and ASSISTANCE. SEC. ll12. AGRICULTURAL BUSINESS SECURITY (B) in paragraph (4), by striking the period (a) TRAINING.—The Secretary may provide GRANT PROGRAM. at the end and inserting a semicolon and training to State and local officials and own- (a) DEFINITION OF ELIGIBLE ENTITY.—In this ‘‘and’’. ers and operators in furtherance of the pur- section, the term ‘‘eligible entity’’ means a (c) EFFECTIVE DATE.—Notwithstanding sec- poses of this title. retail or production agricultural business tion 341 or any other provision of this Act, (b) OTHER ASSISTANCE.—The Secretary (including a business that is engaged in the this section and the amendments made by shall provide assistance to facilities exempt production or processing of seafood) that em- this section shall take effect on the date of from this Act under section ll02(B)(ii) to ploys not more than such number of individ- the enactment of this Act. help the facilities develop voluntary meas- uals at a chemical source included in the list ures to enhance the security of the facilities, described in section ll03(f) as shall be de- SA 3851. Mr. GRASSLEY (for him- including the prevention of theft. termined by the Secretary, in consultation self, Mr. CHAMBLISS, and Mr. KYL) sub- SEC. ll10. JUDICIAL REVIEW. with the Administrator of the Small Busi- mitted an amendment intended to be (a) REGULATIONS.—Not later than 60 days ness Administration and the Secretary of proposed by him to the bill S. 2845, to after the date of promulgation of a regula- Agriculture. reform the intelligence community and tion under this title, any person may file a (b) GRANTS.—The Secretary shall provide the intelligence and intelligence-re- petition for judicial review relating to the grants to an eligible entity that is a chemical source included in the list described in lated activities of the United States regulation with— Government, and for other purposes; (1) the United States Court of Appeals for section ll03(f) selected under this section the District of Columbia; or to enable the eligible entity at the chemical which was ordered to lie on the table; (2) with the United States circuit court— source— as follows: (A) having jurisdiction over the State in (1) to improve security measures; and On page 213, strike line 12 and insert the which the person resides; or (2) to protect against or reduce the con- following: (B) for the circuit in which the principal sequence of a terrorist attack. carry out this Act and the amendments RITERIA.—In establishing criteria for place of business of the person is located. (c) C made by this Act. (b) FINAL AGENCY ACTIONS OR ORDERS.— the selection of, or in otherwise selecting, el- TITLE IV—OTHER MATTERS Not later than 60 days after the date on igible entities to receive a grant under this which a chemical source receives notice of section, the Secretary shall— SEC. 401. VISA REVOCATION. an action or order of the Secretary under (1) consider on an individual, location-by- (a) LIMITATION ON REVIEW.—Section 221(i) this title with respect to the chemical location basis, each applicant for a grant; of the Immigration and Nationality Act (8 source, the chemical source may file a peti- and U.S.C. 1201(i)) is amended by adding at the tion for judicial review of the action or order (2) require each eligible entity that re- end the following: ‘‘There shall be no means with the United States district court for the ceives a grant to use funds from the grant of administrative or judicial review of a rev- district in which— only for the purposes described in subsection ocation under this subsection, and no court (1) the chemical source is located; or (b) in accordance with guidance of the Sec- or other person otherwise shall have jurisdic- (2) the owner or operator of the chemical retary. tion to consider any claim challenging the source has a principal place of business. (d) AUTHORIZATION OF APPROPRIATIONS.— validity of such a revocation.’’. (c) STANDARD OF REVIEW.— There are authorized to be appropriated such (b) CLASSES OF DEPORTABLE ALIENS.—Sec- (1) IN GENERAL.—On the filing of a petition sums as are necessary to carry out this section 237(a)(1)(B) of the Immigration and Na- under subsection (a) or (b), the court shall tion. tionality Act (8 U.S.C. 1227(a)(1)(B)) is review the regulation or other final action or amended by striking ‘‘United States is’’ and order that is the subject of the petition in SA 3850. Mr. GRASSLEY submitted inserting the following: ‘‘United States, or accordance with chapter 7 of title 5, United an amendment intended to be proposed whose visa (or other documentation author- States Code. by him to the bill S. 2845, to reform the izing admission into the United States) has (2) BASIS.— intelligence community and the intel- been revoked under section 221(i), is’’. (c) EFFECTIVE DATE.—The amendments (A) IN GENERAL.—Judicial review of a regu- ligence and intelligence-related activi- lation, or of a final agency action or order made by this section shall take effect on the ties of the United States Government, date of the enactment of this Act and shall described in paragraph (1) that is based on an and for other purposes; which was or- administrative hearing held on the record, apply to revocations under section 221(i) of shall be based on the record of the pro- dered to lie on the table; as follows: the Immigration and Nationality Act made ceedings, comments, and other information On page 213, after line 12 insert the fol- before, on, or after such date. that the Secretary considered in promul- lowing: gating the regulation, taking the action, or TITLE IV—OTHER MATTERS SA 3852. Mr. GRASSLEY submitted an amendment intended to be proposed issuing the order being reviewed. SEC. 401. INCLUSION OF VISA REVOCATIONS IN (B) OTHER ACTIONS AND ORDERS.—Judicial THE NATIONAL CRIME AND INFOR- by him to the bill S. 2845, to reform the review of a final agency action or order de- MATION CENTER DATABASE. intelligence community and the intel- scribed in paragraph (1) that is not described (a) PROVISION OF INFORMATION TO NCIC.— ligence and intelligence-related activi- in subparagraph (A) shall be based on any (1) IN GENERAL.—The Secretary of State, in ties of the United States Government, submissions to the Secretary relating to the consultation with the Secretary of Homeland and for other purposes; which was or- action or order and any other information Security, shall submit to the National Crime dered to lie on the table; as follows: that the Secretary considered in taking the Information Center of the Department of action or issuing the order. Justice information regarding the revoca- At the end, insert the following new title: SEC. ll11. NO EFFECT ON REQUIREMENTS tion of an alien’s visa and any other appro- TITLE IV—INTERVIEWS OF VISA UNDER OTHER LAW. priate information regarding such alien. APPLICANTS (a) IN GENERAL.—Except as provided in sec- Such information shall be submitted regard- SEC. 401. REQUIREMENT OF PERSONAL INTER- tion ll08, nothing in this title affects any less of whether the alien has been removed VIEWS OF VISA APPLICANTS. duty or other requirement imposed under from the United States. Section 222 of the Immigration and Nation- any other Federal or State law. (2) INITIAL SUBMISSION OF INFORMATION.— ality Act (8 U.S.C. 1202) is amended by add- (b) OTHER FEDERAL LAW.— Not later than 60 days after the date of ening at the end the following new subsection: (1) IN GENERAL.—Notwithstanding sub- actment of this Act, the Secretary of State, ‘‘(h) Notwithstanding any other provision section (a), an owner or operator of a chem- in consultation with the Secretary of Home- of this Act, each consular officer shall— ical source that is required to prepare a site land Security, shall submit to the National ‘‘(1) with respect to an alien who is at least vulnerability assessment and implement a Crime Information Center the information 16 years of age and not more than 60 years of September 30, 2004 CONGRESSIONAL RECORD — SENATE S10109 age and who is applying for a nonimmigrant ‘‘(B) mismanagement, a gross waste of (4) the senior officials, as designated by the visa, require the alien to submit to a per- funds, an abuse of authority, or a substantial Director, with responsibility for training and sonal interview in accordance with such reg- and specific danger to public health or safe- career development in the various security ulations as may be prescribed unless— ty; or disciplines; and ‘‘(A) such alien is within that class of non- ‘‘(2) any disclosure of information by the (5) such other senior officials for the intel- immigrants enumerated in section employee to the Special Counsel of informa- ligence community as the Director may des- 101(a)(15)(A) or 101(a)(15)(G) or is granted a tion that the employee reasonably believes ignate. diplomatic visa on a diplomatic passport or evidences— (c) CHAIRPERSON.—The Director of Security on the equivalent thereof; ‘‘(A) a violation of any law, rule, or regula- (or a representative of the Director of Secu- ‘‘(B) such alien is applying for a visa— tion; or rity) shall be the chairperson of the board. ‘‘(i) not more than 12 months after the date ‘‘(B) mismanagement, a gross waste of (d) SUBORDINATE BOARDS.—The Director of on which the alien’s prior visa expired; funds, an abuse of authority, or a substantial Security may establish a subordinate board ‘‘(ii) for the classification under section and specific danger to public health or safe- structure to which functions of the security 101(a)(15) for which such prior visa was ty, career program board may be delegated. issued; and if such disclosure is not specifically prohib- SEC. 425. DESIGNATION OF SECURITY POSITIONS. (a) DESIGNATION.—The Director shall des- ‘‘(iii) from the consular post located near ited by law and if such information is not ignate, by regulation, those positions in the the alien’s usual residence; or specifically required by Executive order to Federal Bureau of Investigation that are se- ‘‘(C) the consular officer determines that it be kept secret in the interest of national de- curity positions for purposes of this title. is in the national interest of the United fense or the conduct of foreign affairs. (b) REQUIRED POSITIONS.—In designating States to waive the personal interview of ‘‘(c) INDIVIDUAL RIGHT OF ACTION.—Chapter such alien and properly documents the jus- security positions under subsection (a), the 12 of this title shall apply to an employee of Director shall include, at a minimum, all se- tification for such waiver; the Federal Bureau of Investigation who ‘‘(2) with respect to an alien who is at least curity-related positions in the areas of— claims that a personnel action has been (1) personnel security and access control; 14 years of age and not more than 80 years of taken under this section against the em- age and who is applying for a nonimmigrant (2) information systems security and infor- ployee as a reprisal for any disclosure of in- mation assurance; visa, require the alien to appear in person for formation described in subsection (b)(2). the purpose of providing biometric data, in- (3) physical security and technical surveil- ‘‘(d) REGULATIONS.—The Attorney General lance countermeasures; cluding electronic fingerscans, in accordance shall prescribe regulations to ensure that a with such regulations as may be prescribed (4) operational, program, and industrial se- personnel action under this section shall not curity; and unless such alien is within that class of non- be taken against an employee of the Federal immigrants enumerated in section (5) information security and classification Bureau of Investigation as a reprisal for any management. 101(a)(15)(A) or 101(a)(15)(G); and disclosure of information described in sub- SEC. 426. CAREER DEVELOPMENT. ‘‘(3) with respect to an alien who is apply- section (b)(1), and shall provide for the en- (a) CAREER PATHS.—The Director shall ening for an immigrant or a nonimmigrant visa forcement of such regulations in a manner sure that appropriate career paths for per- who is a national of a country officially des- consistent with applicable provisions of sec- sonnel who wish to pursue careers in secu- ignated by the Secretary of State as a state tions 1214 and 1221, and in accordance with rity are identified in terms of the education, sponsor of terrorism, require the alien to the procedures set forth in sections 554 training, experience, and assignments nec- submit to a personal interview in accordance through 557 and 701 through 706.’’. with such regulations as may be pre- essary for career progression to the most Subtitle B—FBI Security Career Program scribed.’’. senior security positions and shall make SEC. 421. SECURITY MANAGEMENT POLICIES. available published information on those ca- SA 3853. Mr. GRASSLEY (for himself The Attorney General shall establish poli- reer paths. and Mr. LEAHY) submitted an amend- cies and procedures for the effective manage- (b) LIMITATION ON PREFERENCE FOR SPECIAL ment intended to be proposed by him ment (including accession, education, train- AGENTS.— ing, and career development) of persons serv- (1) IN GENERAL.—Except as provided in the to the bill S. 2845, to reform the intel- policy established under paragraph (2), the ligence community and the intel- ing in security positions in the Federal Bu- reau of Investigation. Attorney General shall ensure that no re- ligence and intelligence-related activi- SEC. 422. DIRECTOR OF THE FEDERAL BUREAU quirement or preference for a Special Agent ties of the United States Government, OF INVESTIGATION. of the Federal Bureau of Investigation (re- and for other purposes; which was or- (a) IN GENERAL.—Subject to the authority, ferred to in this title as a ‘‘Special Agent’’) dered to lie on the table; as follows: direction, and control of the Attorney Gen- is used in the consideration of persons for se- At the end of the bill, add the following eral, the Director of the Federal Bureau of curity positions. new title: Investigation (referred to in this title as the (2) POLICY.—The Attorney General shall es- TITLE IV—FEDERAL BUREAU OF ‘‘Director’’) shall carry out all powers, func- tablish a policy that permits a particular se- INVESTIGATION REFORM tions, and duties of the Attorney General curity position to be specified as available with respect to the security workforce in the only to Special Agents, if a determination is SEC. 401. SHORT TITLE. made, under criteria specified in the policy, This title may be cited as the ‘‘Federal Bu- Federal Bureau of Investigation. that a Special Agent— reau of Investigation Reform Act of 2004’’. (b) POLICY IMPLEMENTATION.—The Director shall ensure that the policies of the Attorney (A) is required for that position by law; Subtitle A—Whistleblower Protection General established in accordance with this (B) is essential for performance of the du- SEC. 411. INCREASING PROTECTIONS FOR FBI title are implemented throughout the Fed- ties of the position; or WHISTLEBLOWERS. eral Bureau of Investigation at both the (C) is necessary for another compelling Section 2303 of title 5, United States Code, headquarters and field office levels. reason. is amended to read as follows: (3) REPORT.—Not later than December 15 of SEC. 423. DIRECTOR OF SECURITY. ‘‘§ 2303. Prohibited personnel practices in the each year, the Director shall submit to the The Director shall appoint a Director of Federal Bureau of Investigation Attorney General a report that lists— Security, or such other title as the Director ‘‘(a) DEFINITION.—In this section, the term (A) each security position that is re- may determine, to assist the Director in the ‘personnel action’ means any action de- stricted to Special Agents under the policy performance of the duties of the Director scribed in clauses (i) through (x) of section established under paragraph (2); and under this title. 2302(a)(2)(A). (B) the recommendation of the Director as ‘‘(b) PROHIBITED PRACTICES.—Any em- SEC. 424. SECURITY CAREER PROGRAM BOARDS. to whether each restricted security position ployee of the Federal Bureau of Investiga- (a) ESTABLISHMENT.—The Director acting should remain restricted. tion who has the authority to take, direct through the Director of Security shall estab- (c) OPPORTUNITIES TO QUALIFY.—The Attor- others to take, recommend, or approve any lish a security career program board to ad- ney General shall ensure that all personnel, personnel action, shall not, with respect to vise the Director in managing the hiring, including Special Agents, are provided the such authority, take or fail to take a per- training, education, and career development opportunity to acquire the education, train- sonnel action with respect to any employee of personnel in the security workforce of the ing, and experience necessary to qualify for of the Bureau or because of— Federal Bureau of Investigation. senior security positions. ‘‘(1) any disclosure of information by the (b) COMPOSITION OF BOARD.—The security (d) BEST QUALIFIED.—The Attorney Gen- employee to the Attorney General (or an em- career program board shall include— eral shall ensure that the policies estab- ployee designated by the Attorney General (1) the Director of Security (or a represent- lished under this title are designed to pro- for such purpose), a supervisor of the em- ative of the Director of Security); vide for the selection of the best qualified in- ployee, the Inspector General for the Depart- (2) the senior officials, as designated by the dividual for a position, consistent with other ment of Justice, or a Member of Congress Director, with responsibility for personnel applicable law. that the employee reasonably believes evi- management; (e) ASSIGNMENTS POLICY.—The Attorney dences— (3) the senior officials, as designated by the General shall establish a policy for assigning ‘‘(A) a violation of any law, rule, or regula- Director, with responsibility for information Special Agents to security positions that tion; or management; provides for a balance between— S10110 CONGRESSIONAL RECORD — SENATE September 30, 2004

(1) the need for personnel to serve in career (1) POLYGRAPH PROGRAM.—The term ‘‘poly- Subtitle D—Reports enhancing positions; and graph program’’ means the counterintel- SEC. 441. REPORT ON LEGAL AUTHORITY FOR FBI (2) the need for requiring service in each ligence screening polygraph program estab- PROGRAMS AND ACTIVITIES. such position for sufficient time to provide lished under section 302. (a) IN GENERAL.—Not later than 9 months the stability necessary to carry out effec- (2) POLYGRAPH REVIEW.—The term ‘‘Poly- after the date of enactment of this Act, the tively the duties of the position and to allow graph Review’’ means the review of the sci- Attorney General shall submit to Congress a for the establishment of responsibility and entific validity of the polygraph for counter- report describing the statutory and other accountability for actions taken in the posi- intelligence screening purposes conducted by legal authority for all programs and activi- tion. the Committee to Review the Scientific Evi- ties of the Federal Bureau of Investigation. (f) LENGTH OF ASSIGNMENT.—In imple- dence on the Polygraph of the National (b) CONTENTS.—The report submitted under menting the policy established under sub- Academy of Sciences. subsection (a) shall describe— section (b)(2), the Director shall provide, as SEC. 432. ESTABLISHMENT OF PROGRAM. (1) the titles within the United States Code appropriate, for longer lengths of assign- and the statutes for which the Federal Bu- ments to security positions than assign- Not later than 6 months after the date of reau of Investigation exercises investigative ments to other positions. enactment of this Act, the Attorney General, responsibility; (g) PERFORMANCE APPRAISALS.—The Direc- in consultation with the Director of the Fed- (2) each program or activity of the Federal tor shall provide an opportunity for review eral Bureau of Investigation and the Direc- Bureau of Investigation that has express and inclusion of any comments on any ap- tor of Security of the Federal Bureau of In- statutory authority and the statute which praisal of the performance of a person serv- vestigation, shall establish a counterintel- provides that authority; and ing in a security position by a person serving ligence screening polygraph program for the (3) each program or activity of the Federal in a security position in the same security Federal Bureau of Investigation that con- Bureau of Investigation that does not have career field. sists of periodic polygraph examinations of express statutory authority, and the source (h) BALANCED WORKFORCE POLICY.—In the employees, or contractor employees of the of the legal authority for that program or development of security workforce policies Federal Bureau of Investigation who are in activity. under this title with respect to any employ- positions specified by the Director of the (c) RECOMMENDATIONS.—The report sub- ees or applicants for employment, the Attor- Federal Bureau of Investigation as excep- mitted under subsection (a) shall recommend ney General shall, consistent with the merit tionally sensitive in order to minimize the whether— system principles set out in paragraphs (1) potential for unauthorized release or disclo- (1) the Federal Bureau of Investigation and (2) of section 2301(b) of title 5, United sure of exceptionally sensitive information. should continue to have investigative re- States Code, take into consideration the SEC. 433. REGULATIONS. sponsibility for each statute for which the need to maintain a balanced workforce in Federal Bureau of Investigation currently which women and members of racial and eth- (a) IN GENERAL.—The Attorney General has investigative responsibility; nic minority groups are appropriately rep- shall prescribe regulations for the polygraph (2) the legal authority for any program or resented in Government service. program in accordance with subchapter II of activity of the Federal Bureau of Investiga- SEC. 427. GENERAL EDUCATION, TRAINING, AND chapter 5 of title 5, United States Code (com- tion should be modified or repealed; EXPERIENCE REQUIREMENTS. monly referred to as the Administrative Pro- (3) the Federal Bureau of Investigation (a) IN GENERAL.—The Director shall estab- cedures Act). should have express statutory authority for lish education, training, and experience re- (b) CONSIDERATIONS.—In prescribing regula- any program or activity of the Federal Bu- quirements for each security position, based tions under subsection (a), the Attorney reau of Investigation for which the Federal on the level of complexity of duties carried General shall— Bureau of Investigation does not currently out in the position. (1) take into account the results of the have express statutory authority; and (b) QUALIFICATION REQUIREMENTS.—Before Polygraph Review; and (4) the Federal Bureau of Investigation being assigned to a position as a program (2) include procedures for— should— manager or deputy program manager of a (A) identifying and addressing false posi- (A) have authority for any new program or significant security program, a person— tive results of polygraph examinations; activity; and (1) must have completed a security pro- (B) ensuring that adverse personnel actions (B) express statutory authority with re- gram management course that is accredited are not taken against an individual solely by spect to any new programs or activities. by the Intelligence Community-Department reason of the physiological reaction of the of Defense Joint Security Training Consor- Subtitle E—Ending the Double Standard individual to a question in a polygraph ex- tium or is determined to be comparable by SEC. 451. ALLOWING DISCIPLINARY SUSPEN- amination, unless— the Director; and SIONS OF MEMBERS OF THE SENIOR (i) reasonable efforts are first made inde- (2) must have not less than 6 years experi- EXECUTIVE SERVICE FOR 14 DAYS pendently to determine through alternative OR LESS. ence in security, of which not less than 2 means, the veracity of the response of the in- years were performed in a similar program Section 7542 of title 5, United States Code, dividual to the question; and office or organization. is amended by striking ‘‘for more than 14 (ii) the Director of the Federal Bureau of days’’. SEC. 428. EDUCATION AND TRAINING PROGRAMS. Investigation determines personally that the SEC. 452. SUBMITTING OFFICE OF PROFES- (a) IN GENERAL.—The Director, in consulta- personnel action is justified; SIONAL RESPONSIBILITY REPORTS tion with the Director of Central Intel- (C) ensuring quality assurance and quality TO CONGRESSIONAL COMMITTEES. ligence and the Secretary of Defense, shall control in accordance with any guidance pro- (a) IN GENERAL.—For each of the 5 years establish and implement education and vided by the Department of Defense Poly- following the date of enactment of this Act, training programs for persons serving in se- graph Institute and the Director of Central the Office of the Inspector General shall sub- curity positions in the Federal Bureau of In- Intelligence; and mit to the chairperson and ranking member vestigation. (D) allowing any employee or contractor of the Committees on the Judiciary of the (b) OTHER PROGRAMS.—The Director shall who is the subject of a counterintelligence Senate and the House of Representatives an ensure that programs established under sub- screening polygraph examination under the annual report to be completed by the Federal section (a) are established and implemented, polygraph program, upon written request, to Bureau of Investigation, Office of Profes- to the maximum extent practicable, uni- have prompt access to any unclassified re- sional Responsibility and provided to the In- formly with the programs of the Intelligence ports regarding an examination that relates spector General, which sets forth— Community and the Department of Defense. to any adverse personnel action taken with (1) basic information on each investigation SEC. 429. OFFICE OF PERSONNEL MANAGEMENT respect to the individual. completed by that Office; APPROVAL. (2) the findings and recommendations of (a) IN GENERAL.—The Attorney General SEC. 434. REPORT ON FURTHER ENHANCEMENT that Office for disciplinary action; and shall submit any requirement that is estab- OF FBI PERSONNEL SECURITY PRO- (3) what, if any, action was taken by the lished under section 207 to the Director of GRAM. Director of the Federal Bureau of Investiga- the Office of Personnel Management for ap- (a) IN GENERAL.—Not later than 9 months tion or the designee of the Director based on proval. after the date of enactment of this Act, the any such recommendation. (b) FINAL APPROVAL.—If the Director does Director of the Federal Bureau of Investiga- (b) CONTENTS.—In addition to all matters not disapprove the requirements established tion shall submit to Congress a report set- already included in the annual report de- under section 207 within 30 days after the ting forth recommendations for any legisla- scribed in subsection (a), the report shall date on which the Director receives the re- tive action that the Director considers ap- also include an analysis of— quirement, the requirement is deemed to be propriate in order to enhance the personnel (1) whether senior Federal Bureau of Inves- approved by the Director of the Office of Per- security program of the Federal Bureau of tigation employees and lower level Federal sonnel Management. Investigation. Bureau of Investigation personnel are being Subtitle C—FBI Counterintelligence (b) POLYGRAPH REVIEW RESULTS.—Any rec- disciplined and investigated similarly; and Polygraph Program ommendation under subsection (a) regarding (2) whether any double standard is being SEC. 431. DEFINITIONS. the use of polygraphs shall take into account employed to more senior employees with re- In this title: the results of the Polygraph Review. spect to allegations of misconduct. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10111

Subtitle F—Enhancing Security at the ‘‘(b) LIMITATION.—For each State, the the Attorney General. Violations of this sec- Department of Justice amount of funds reprogrammed under this tion involving offenses described in sub- SEC. 461. REPORT ON THE PROTECTION OF SECU- section shall not exceed 10 percent of the section (c)(7)(E) may be investigated by such RITY AND INFORMATION AT THE DE- total annual allocation for such State under components of the Department of Justice as PARTMENT OF JUSTICE. the State Homeland Security Grant Pro- the Attorney General may direct, and the Not later than 9 months after the date of gram; and National Enforcement Investigations Center enactment of this Act, the Attorney General ‘‘(c) CONSULTATION.—Before reprogram- of the Environmental Protection Agency.’’. shall submit to Congress a report on the ming funds under this section, a State offi- (B) PROPERTY FROM UNLAWFUL ACTIVITY.— manner in which the Security and Emer- cial described in subsection (a) shall consult Section 1957(e) of title 18, United States gency Planning Staff, the Office of Intel- with relevant local officials.’’. Code, is amended to read as follows: ligence Policy and Review, and the Chief In- ‘‘(e) Violations of this section may be information Officer of the Department of Jus- SA 3855. Mr. GRASSLEY submitted vestigated by such components of the De- tice plan to improve the protection of secu- an amendment intended to be proposed partment of Justice as the Attorney General rity and information at the Department of by him to the bill S. 2845, to reform the may direct, and by such components of the Department of the Treasury as the Secretary Justice, including a plan to establish secure intelligence community and the intel- electronic communications between the Fed- of the Treasury may direct, as appropriate, eral Bureau of Investigation and the Office of ligence and intelligence-related activi- and, with respect to offenses over which the Intelligence Policy and Review for proc- ties of the United States Government, Department of Homeland Security has juris- essing information related to the Foreign In- and for other purposes; which was or- diction, by such components of the Depart- telligence Surveillance Act of 1978 (50 U.S.C. dered to lie on the table; as follows: ment of Homeland Security as the Secretary 1801 et seq.). At the appropriate place, insert the fol- of Homeland Security may direct, and, with SEC. 462. AUTHORIZATION FOR INCREASED RE- lowing: respect to offenses over which the United States Postal Service has jurisdiction, by SOURCES TO PROTECT SECURITY SEC. ll. COMBATTING TERRORIST FINANCING. AND INFORMATION. the Postmaster General. The authority (a) SPECIFIED ACTIVITIES FOR MONEY LAUN- There are authorized to be appropriated to under this subsection of the Secretary of the DERING.— the Department of Justice for the activities Treasury, the Secretary of Homeland Secu- (1) RICO DEFINITIONS.—Section 1961(1) of of the Security and Emergency Planning rity, and the Postmaster General shall be ex- title 18, United States Code, is amended— Staff to meet the increased demands to pro- ercised in accordance with an agreement (A) in subparagraph (A), by inserting ‘‘bur- vide personnel, physical, information, tech- which shall be entered into by the Secretary glary, embezzlement,’’ after ‘‘robbery,’’; nical, and litigation security for the Depart- of the Treasury, the Secretary of Homeland (B) in subparagraph (B), by— ment of Justice, to prepare for terrorist Security, the Postmaster General, and the (i) inserting ‘‘section 1960 (relating to ille- threats and other emergencies, and to review Attorney General.’’. gal money transmitters),’’ before ‘‘sections security compliance by components of the (b) ILLEGAL MONEY TRANSMITTING BUSI- 2251’’; Department of Justice— NESSES.— (ii) striking ‘‘1588’’ and inserting ‘‘1592’’; (1) $13,000,000 for fiscal years 2005 and 2006; (1) TECHNICAL AMENDMENTS.—Section 1960 (iii) inserting ‘‘and 1470’’ after ‘‘1461–1465’’; (2) $17,000,000 for fiscal year 2007; and of title 18, United States Code, is amended— and (3) $22,000,000 for fiscal year 2008. (A) in the caption by striking ‘‘unlicensed’’ (iv) inserting ‘‘2252A,’’ after ‘‘2252,’’; and inserting ‘‘illegal’’; SEC. 463. AUTHORIZATION FOR INCREASED RE- (C) in subparagraph (D), by striking ‘‘fraud SOURCES TO FULFILL NATIONAL SE- (B) in subsection (a), by striking ‘‘unli- CURITY MISSION OF THE DEPART- in the sale of securities’’ and inserting censed’’ and inserting ‘‘illegal’’; MENT OF JUSTICE. ‘‘fraud in the purchase or sale of securities’’; (C) in subsection (b)(1), by striking ‘‘unli- There are authorized to be appropriated to and censed’’ and inserting ‘‘illegal’’; and the Department of Justice for the activities (D) in subparagraph (F), by inserting ‘‘and (D) in subsection (b)(1)(C), by striking ‘‘to of the Office of Intelligence Policy and Re- 274A’’ after ‘‘274’’. be used to be used’’ and inserting ‘‘to be view to help meet the increased personnel (2) MONETARY INVESTMENTS.—Section used’’. demands to combat terrorism, process appli- 1956(c)(7)(D) of title 18, United States Code, is (2) PROHIBITION ON UNLICENSED MONEY cations to the Foreign Intelligence Surveil- amended— TRANSMITTING BUSINESSES.—Section lance Court, participate effectively in coun- (A) by inserting ‘‘, or section 2339C (relat- 1960(b)(1)(B) of title 18, United States Code, is terespionage investigations, provide policy ing to financing of terrorism)’’ before ‘‘of amended by inserting the following before analysis and oversight on national security this title’’; and the semicolon: ‘‘, whether or not the defend- matters, and enhance secure computer and (B) by striking ‘‘or any felony violation of ant knew that the operation was required to telecommunications facilities— the Foreign Corrupt Practices Act’’ and in- comply with such registration require- (1) $7,000,000 for fiscal years 2005 and 2006; serting ‘‘any felony violation of the Foreign ments’’. (2) $7,500,000 for fiscal year 2007; and Corrupt Practices Act, or any violation of (3) AUTHORITY TO INVESTIGATE.—Section (3) $8,000,000 for fiscal year 2008. section 208 of the Social Security Act (42 1960 of title 18, United States Code, is amend- U.S.C. 408) (relating to obtaining funds ed by adding at the end the following: SA 3854. Mr. TALENT submitted an through misuse of a social security num- ‘‘(c) Investigations of violations of this sec- amendment intended to be proposed by ber)’’. tion shall be coordinated by the Secretary of him to the bill S. 2845, to reform the in- (3) CONFORMING AMENDMENTS.— the Treasury, and may be conducted by the telligence community and the intel- (A) MONETARY INSTRUMENTS.—Section Attorney General, the Secretary of the ligence and intelligence-related activi- 1956(e) of title 18, United States Code, is Treasury, and the Secretary of the Depart- amended to read as follows: ties of the United States Government, ment of Homeland Security.’’. ‘‘(e) Violations of this section may be in- (c) ASSETS OF PERSONS COMMITTING TER- and for other purposes; which was or- vestigated by such components of the De- RORIST ACTS AGAINST FOREIGN COUNTRIES OR dered to lie on the table; as follows: partment of Justice as the Attorney General INTERNATIONAL ORGANIZATIONS.—Section At the appropriate place, insert the fol- may direct, and by such components of the 981(a)(1)(G) of title 18, United States Code, is lowing: Department of the Treasury as the Secretary amended— SEC. ll. STATE REPROGRAMMING OF GRANT of the Treasury may direct, as appropriate, (1) by striking ‘‘or’’ at the end of clause FUNDS. and, with respect to offenses over which the (ii); Subtitle A of title VIII of the Homeland Department of Homeland Security has juris- (2) by striking the period at the end of Security Act of 2002 (6 U.S.C. 361 et seq.) is diction, by such components of the Depart- clause (iii) and inserting ‘‘; or’’; and amended by adding at the end the following: ment of Homeland Security as the Secretary (3) by inserting after clause (iii) the fol- ‘‘SEC. 802. STATE REPROGRAMMING OF GRANT of Homeland Security may direct, with re- lowing: FUNDS. spect to the offenses over which the Social ‘‘(iv) of any individual, entity, or organiza- ‘‘(a) AUTHORIZATION.—The Director of the Security Administration has jurisdiction, as tion engaged in planning or perpetrating any Office for State and Local Government Co- the Commissioner of Social Security may di- act of international terrorism (as defined in ordination and Preparedness may approve re- rect, and with respect to offenses over which section 2331) against any international orga- quests from the senior official responsible the United States Postal Service has juris- nization (as defined in section 209 of the for emergency preparedness and response in diction, as the Postmaster General may di- State Department Basic Authorities Act of each State to reprogram funds appropriated rect. The authority under this subsection of 1956 (22 U.S.C. 4309(b))) or against any foreign for the State Homeland Security Grant Pro- the Secretary of the Treasury, the Secretary government. Where the property sought for gram of the Office for State and Local Gov- of Homeland Security, the Commissioner of forfeiture is located beyond the territorial ernment Coordination and Preparedness to Social Security, and the Postmaster General boundaries of the United States, an act in address specific security requirements that shall be exercised in accordance with an furtherance of such planning or perpetration are based on credible threat assessments, agreement which shall be entered into by the must have occurred within the jurisdiction particularly threats that arise after the Secretary of the Treasury, the Secretary of of the United States.’’. State has submitted an application describ- Homeland Security, the Commissioner of So- (d) MONEY LAUNDERING THROUGH INFORMAL ing its intended use of such grant funds. cial Security, the Postmaster General, and VALUE TRANSFER SYSTEMS.—Section 1956(a) S10112 CONGRESSIONAL RECORD — SENATE September 30, 2004 of title 18, United States Code, is amended by ‘‘2007 ...... $15,000,000.’’. the intelligence and intelligence-re- adding at the end the following: SEC. ll. INCREASED PENALTIES FOR SMUG- lated activities of the United States ‘‘(4) A transaction described in paragraph GLING GOODS. Government, and for other purposes; (1) or a transportation, transmission, or (a) INCREASED PENALTY.—The third undes- transfer described in paragraph (2) shall be ignated paragraph of section 545, United which was ordered to lie on the table; deemed to involve the proceeds of specified States Code, is amended by striking ‘‘five as follows: unlawful activity, if the transaction, trans- years’’ and inserting ‘‘20 years’’. On page 10, strike lines 9 through 15, and portation, transmission, or transfer is part (b) ENHANCED PENALTY FOR CAUSING insert the following: of a single plan or arrangement whose pur- DEATH.— (II) by striking the period at the end and pose is described in either of those para- (1) AMENDMENT OF FEDERAL SENTENCING inserting a semicolon; and graphs and one part of such plan or arrange- GUIDELINES.—Pursuant to its authority (iii) by adding at the end the following: ment actually involves the proceeds of speci- under section 994 of title 28, United States ‘‘(9) managing the Homeland Security In- fied unlawful activity.’’. Code, the United States Sentencing Commis- formation Clearinghouse established under (e) TECHNICAL CORRECTIONS TO FINANCING sion shall amend the Federal sentencing section 801(d); and OF TERRORISM STATUTE.— guidelines to provide sentencing enhance- ‘‘(10) managing the Noble Training Center (1) CONCEALMENT.—Section 2339C(c)(2) of ments for an offense under section 545 of in Fort McClellan, Alabama, through the title 18, United States Code, is amended— title 18, United States Code, as amended by Center for Domestic Preparedness.’’; (A) by striking ‘‘resources, or funds’’ and this Act, that results in the death of a per- inserting ‘‘resources, or any funds or pro- son. SA 3858. Mr. SHELBY submitted an ceeds of such funds’’; (2) CONSISTENCY WITH OTHER GUIDELINES.— amendment intended to be proposed to (B) in subparagraph (A), by striking ‘‘were In carrying out this section, the United amendment SA 3705 proposed by Ms. provided’’ and inserting ‘‘are to be provided, States Sentencing Commission shall— COLLINS (for herself, Mr. CARPER, and or knowing that the support or resources (A) ensure that there is reasonable consist- Mr. LIEBERMAN) to the bill S. 2845, to were provided,’’; and ency with other Federal sentencing guide- reform the intelligence community and (C) in subparagraph (B)— lines; and (i) by striking ‘‘or any proceeds of such the intelligence and intelligence-re- (B) avoid duplicative punishments for sub- lated activities of the United States funds’’; and stantially the same offense. (ii) by striking ‘‘were provided or col- Government, and for other purposes; lected’’ and inserting ‘‘are to be provided or SA 3856. Mr. GRASSLEY submitted which was ordered to lie on the table; collected, or knowing that the funds were an amendment intended to be proposed as follows: provided or collected,’’. by him to the bill S. 2845, to reform the On page 10, strike line 20 and all that fol- (2) DEFINITIONS.—Section 2339C(e) of title intelligence community and the intel- lows through page 11, line 7, and insert the 18, United States Code, is amended— ligence and intelligence-related activi- following: (A) by striking ‘‘and’’ at the end of para- ‘‘(d) DESIGNATION.—The Center for Domes- graph (12); ties of the United States Government, tic Preparedness shall be designated as the (B) redesignating paragraph (13) as para- and for other purposes; which was or- National First Responder Training Center graph (14); and dered to lie on the table; as follows: within the Office for Domestic Prepared- (C) inserting after paragraph (12) the fol- At the appropriate place, insert the fol- ness.’’. lowing new paragraph: lowing: ‘‘(13) the term ‘material support or re- SEC. ll. UNITED STATES INTERDICTION COOR- SA 3859. Mr. DOMENICI submitted an sources’ has the same meaning as in section DINATOR. amendment intended to be proposed by 2339A(b) of this title; and’’. (a) IN GENERAL.—Section 704 of the Office him to the bill S. 2845, to reform the in- (3) INTERNATIONAL TERRORISM.—Section of National Drug Control Policy Reauthor- telligence community and the intel- 2332b(g)(5)(B) of title 18, United States Code, ization Act of 1998 (21 U.S.C. 1703), as en- ligence and intelligence-related activi- is amended by inserting ‘‘)’’ after ‘‘2339C (re- forced in law notwithstanding repeal, is ties of the United States Government, lating to financing of terrorism’’. amended by adding at the end the following: (f) MISCELLANEOUS AND TECHNICAL AMEND- ‘‘(i) UNITED STATES INTERDICTION COORDI- and for other purposes; which was or- MENTS.— NATOR.— dered to lie on the table; as follows: (1) CRIMINAL FORFEITURE.—Section 982(b) of ‘‘(1) IN GENERAL.—There shall be a United On page 94, between lines 14 and 15, insert title 18, United States Code, is amended in States Interdiction Coordinator, who shall the following: subsection (b)(2), by striking ‘‘The substi- be designated by the Director and who shall (3) There may be established under this tution’’ and inserting ‘‘With respect to a for- be responsible for the coordination of inter- subsection a separate national intelligence feiture under subsection (a)(1), the substi- diction operations among National Drug center having an area of intelligence respon- tution’’. Control Program Agencies to prevent and re- sibility for each of the following: (2) TECHNICAL AMENDMENTS TO SECTIONS 1956 duce the illegal importation of drugs into (A) The nuclear terrorism threats con- AND 1957.— the United States. fronting the United States. (A) UNLAWFUL ACTIVITY.—Section ‘‘(2) RESPONSIBILITIES.—The United States (B) The chemical terrorism threats con- 1956(c)(7)(F) of title 18, United States Code, is Interdiction Coordinator shall be responsible fronting the United States. amended by inserting ‘‘, as defined in section to the Director for— (C) The biological terrorism threats con- 24’’ before the period. ‘‘(A) coordinating the interdiction of the fronting the United States. (B) PROPERTY FROM UNLAWFUL ACTIVITY.— National Drug Control Program Agencies ac- On page 94, line 15, strike ‘‘(3)’’ and insert Section 1957 of title 18, United States Code, tivities to ensure consistency with the Na- ‘‘(4)’’. is amended— tional Drug Control Strategy; (i) in subsection (a), by striking ‘‘engages ‘‘(B) developing a National Drug Control SA 3860. Mr. DOMENICI submitted an or attempts to engage in’’ and inserting Interdiction plan to ensure consistency with amendment intended to be proposed by ‘‘conducts or attempts to conduct’’; and the National Drug Control Strategy; him to the bill S. 2845, to reform the in- (ii) in subsection (f), by inserting the fol- ‘‘(C) assessing the sufficiency of assets of telligence community and the intel- lowing after paragraph (3): the National Drug Control Program Agencies ligence and intelligence-related activi- ‘‘(4) the term ‘conducts’ has the same committed to illicit drug interdiction; and ties of the United States Government, meaning as it does for purposes of section ‘‘(D) advising the Director on the efforts of and for other purposes; which was or- 1956 of this title.’’. each National Drug Control Program Agency dered to lie on the table; as follows: (3) OBSTRUCTION OF JUSTICE.—Section to implement the National Drug Control 1510(b)(3)(B) of title 18, United States Code, is Interdiction plan.’’. At the appropriate place, insert the fol- amended by striking ‘‘or’’ the first time it (b) AMENDMENT TO HOMELAND SECURITY lowing: appears and inserting ‘‘, a subpoena issued ACT OF 2002.—Section 878 of the Homeland SEC. ll. INTELLIGENCE COMMUNITY USE OF pursuant to section 1782 of title 28, or’’. Security Act of 2002 (6 U.S.C. 458) is amended NISAC CAPABILITIES. (g) EXTENSION OF MONEY LAUNDERING AND by striking ‘‘shall—’’ through paragraph (2) The National Intelligence Director shall FINANCIAL CRIMES STRATEGY ACT OF 1998.— and inserting ‘‘shall ensure the adequacy of establish a formal relationship, including in- (1) TRANSMITTAL TO CONGRESS.—Section resources within the Department for illicit formation sharing, between the intelligence 5341(a)(2) of title 31, United States Code, is drug interdiction.’’. community and the National Infrastructure amended by striking ‘‘and 2003’’ and insert- Simulation and Analysis Center. Through ing ‘‘2003, 2005, 2006, and 2007’’. SA 3857. Mr. SHELBY submitted an this relationship, the intelligence commu- (2) AUTHORIZATION OF APPROPRIATIONS.— amendment intended to be proposed to nity shall take full advantage of the capabilities of the National Infrastructure Sim- Section 5355 of title 31, United States Code, amendment SA 3705 proposed by Ms. is amended by adding at the end the fol- ulation and Analysis Center, particularly lowing: COLLINS (for herself, Mr. CARPER, and vulnerability and consequence analysis, for ‘‘2005 ...... $15,000,000 Mr. LIEBERMAN) to the bill S. 2845, to real time response to reported threats and ‘‘2006 ...... $15,000,000 reform the intelligence community and long term planning for projected threats. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10113 SA 3861. Mr. DOMENICI submitted an ‘‘§ 30306. Requirement for information-based Mr. DORGAN) submitted an amendment amendment intended to be proposed by identity authentication intended to be proposed by him to the him to the bill S. 2845, to reform the in- ‘‘(a) IDENTIFICATION AUTHENTICATION bill S. 2845, to reform the intelligence telligence community and the intel- STANDARDS.—The Secretary of Transpor- community and the intelligence and ligence and intelligence-related activi- tation, in consultation with the Secretary of intelligence-related activities of the Homeland Security and the Administrator of ties of the United States Government, the Federal Motor Carrier Safety Adminis- United States Government, and for and for other purposes; which was or- tration, shall prescribe regulations that set other purposes; which was ordered to dered to lie on the table; as follows: forth minimum standards for the use by a lie on the table; as follows: At the appropriate place, insert the fol- State of a system of information-based iden- At the appropriate place, insert the following: tity authentication in determining the iden- lowing: tity of an applicant for a motor vehicle oper- SEC. ll. BORDER SURVEILLANCE. TITLE —RAIL SECURITY (a) IN GENERAL.—Not later than 6 months ator’s license prior to the issuance, renewal, SEC. —01. SHORT TITLE; TABLE OF CONTENTS. after the date of enactment of this Act, the transfer, or upgrading of a motor vehicle op- Secretary of Homeland Security shall sub- erator’s license. (a) SHORT TITLE.—This title may be cited mit to the President and the appropriate ‘‘(b) CONTENT OF REGULATIONS.—The regu- as the ‘‘Rail Security Act of 2004’’. committees of Congress a comprehensive lations required under subsection (a) shall (b) TABLE OF CONTENTS.—The table of con- plan for the systematic surveillance of the require a State to use a system of informa- tents for this title is as follows: Southwest border of the United States by re- tion-based identity authentication that— Sec. —01. Short title; table of contents. motely piloted aircraft. ‘‘(1) utilizes multiple sources of informa- Sec. —02. Rail transportation security risk (b) CONTENTS.—The plan submitted under tion related to the identity of the applicant assessment. subsection (a) shall include— for a motor vehicle operator’s license, in- Sec. —03. Rail security. (1) recommendations for establishing com- cluding government records and publicly Sec. —04. Study of foreign rail transport se- mand and control centers, operations sites, available information; curity programs. infrastructure, maintenance, and procure- ‘‘(2) enables the measurement of the accu- Sec. —05. Passenger, baggage, and cargo ment; racy of the determination of the identity of screening. (2) cost estimates for the implementation the applicant; Sec. —06. Certain personnel limitations not of the plan and ongoing operations; ‘‘(3) provides for the continuous auditing of to apply. (3) recommendations for the appropriate the compliance of such system with applica- Sec. —07. Fire and life-safety improvements. agent within the Department of Homeland ble laws, policies, and practices governing Sec. —08. Memorandum of agreement. Security to be the executive agency for re- the collection, use, and distribution of infor- Sec. —09. Amtrak plan to assist families of motely piloted aircraft operations; mation in the operation of the system; and passengers involved in rail pas- (4) the number of remotely piloted aircraft ‘‘(4) incorporates industry best practices in senger accidents. required for the plan; the protection of privacy interests related to Sec. —10. Systemwide Amtrak security up- (5) the types of missions the plan would un- such information and the safeguarding of the grades. dertake, including— storage of such information. Sec. —11. Freight and passenger rail secu- (A) protecting the lives of people seeking ‘‘(c) RULE OF CONSTRUCTION.—Nothing in rity upgrades. illegal entry into the United States; this section shall be construed to authorize Sec. —12. Oversight and grant procedures. (B) interdicting illegal movement of peo- the Secretary of Transportation or the head Sec. —13. Rail security research and devel- ple, weapons, and other contraband across of any other Federal agency to create a new opment. the border; database for States to use in connection with Sec. —14. Welded rail and tank car safety (C) providing investigative support to as- information-based identity authentication.’’. improvements. sist in the dismantling of smuggling and (3) INFORMATION-BASED IDENTITY AUTHEN- Sec. —15. Northern Border rail passenger re- criminal networks along the border; TICATION DEFINED.—Section 30301 of such title port. (D) using remotely piloted aircraft to serve is amended by adding at the end the fol- Sec. —16. Report regarding impact on secu- as platforms for the collection of intel- lowing new paragraph: rity of train travel in commu- ligence against smugglers and criminal net- ‘‘(9) ‘information-based identity authen- nities without grade separa- works along the border; and tication’ means the validation and tion. (E) further validating and testing of re- verification of the information provided by Sec. —17. Whistleblower protection pro- motely piloted aircraft for airspace security an individual for the purpose of determining gram. missions; and the identity of such individual through the Sec. —18. Effective date. (6) the equipment necessary to carry out use of other information pertaining to the SEC. —02. RAIL TRANSPORTATION SECURITY the plan. individual that is obtained from reliable RISK ASSESSMENT. (c) IMPLEMENTATION.—The Secretary of sources of information available in the pub- (a) IN GENERAL.— Homeland Security shall implement the plan lic and private sectors.’’. (1) VULNERABILITY ASSESSMENT.—The submitted under subsection (a) as soon as (4) CLERICAL AMENDMENT.—The table of Under Secretary of Homeland Security for sufficient funds are appropriated and avail- sections at the beginning of chapter 303 of Border and Transportation Security, in con- able for this purpose. title 49, United States Code, is amended by sultation with the Secretary of Transpor- (d) AUTHORIZATION OF APPROPRIATIONS.— striking the items relating to sections 30306, tation, shall complete a vulnerability assess- There are authorized to be appropriated such 30307, and 30308 and inserting the following ment of freight and passenger rail transpor- sums as may be necessary to carry out the items: tation (encompassing railroads, as that term provisions of this section. ‘‘30306. Requirement for information-based is defined in section 20102(1) of title 49, identity authentication. United States Code). The assessment shall SA 3862. Mr. INHOFE submitted an ‘‘30307. National Driver Registry Advisory include— amendment intended to be proposed by Committee. (A) identification and evaluation of crit- him to the bill S. 2845, to reform the in- ‘‘30308. Criminal penalties.’’. ical assets and infrastructures; telligence community and the intel- (b) FINAL REGULATIONS.—The Secretary of (B) identification of threats to those assets ligence and intelligence-related activi- Transportation shall issue final regulations and infrastructures; under section 30306(a) of title 49, United (C) identification of vulnerabilities that ties of the United States Government, States Code (as added by subsection (a)(2)), and for other purposes; which was or- are specific to the transportation of haz- not later than 180 days after the date of the ardous materials via railroad; and dered to lie on the table; as follows: enactment of this Act. (D) identification of security weaknesses At the end, add the following new title: (c) RULE OF CONSTRUCTION.—Nothing in in passenger and cargo security, transpor- TITLE IV—OTHER MATTERS. this section shall be construed to authorize tation infrastructure, protection systems, the Secretary of Transportation or the head procedural policies, communications sys- SEC. 401. INFORMATION-BASED IDENTITY AU- of any other Federal agency to create a new THENTICATION OF DRIVER’S LI- tems, employee training, emergency re- CENSES. database for States to use in connection with sponse planning, and any other area identi- (a) NEW REQUIREMENTS.— information-based identity authentication fied by the assessment. (1) REDESIGNATION.—Chapter 303 of title 49, (as that term is defined in section 30301(9) of (2) EXISTING PRIVATE AND PUBLIC SECTOR United States Code, is amended— title 49, United States Code (as added by sub- EFFORTS.—The assessment shall take into ac- (A) by striking section 30308; and section (a)(2)). count actions taken or planned by both pub- (B) by redesignating sections 30306 and lic and private entities to address identified Mr. MCCAIN (for himself, 30307 as sections 30307 and 30308, respectively. SA 3863. security issues and assess the effective inte- REAUX AUTENBERG (2) IDENTIFICATION REQUIREMENTS.—Chapter Mr. B , Mr. L , Mr. gration of such actions. 303 of such title is further amended by in- BIDEN, Mr. SCHUMER, Ms. SNOWE, Mr. (3) RECOMMENDATIONS.—Based on the asserting after section 30305 the following new HOLLINGS, Mr. CARPER, Mrs. BOXER, sessment conducted under paragraph (1), the section: Mrs. CLINTON, Mr. ROCKEFELLER, and Under Secretary, in consultation with the S10114 CONGRESSIONAL RECORD — SENATE September 30, 2004 Secretary of Transportation, shall develop Act, the Secretary of Transportation, in con- Administration of the Department of Trans- prioritized recommendations for improving sultation with the Under Secretary of Home- portation, before or after its transfer to the rail security, including any recommenda- land Security for Border and Transportation Department of Homeland Security, does not tions the Under Secretary has for— Security, shall review existing rail regula- apply to the extent that any such employees (A) improving the security of rail tunnels, tions of the Department of Transportation are responsible for implementing the provi- rail bridges, rail switching and car storage for the purpose of identifying areas in which sions of this title. areas, other rail infrastructure and facilities, those regulations need to be revised to im- SEC. —07. FIRE AND LIFE-SAFETY IMPROVE- information systems, and other areas identi- prove rail security. MENTS. fied by the Under Secretary as posing signifi- SEC. —04. STUDY OF FOREIGN RAIL TRANSPORT (a) LIFE-SAFETY NEEDS.—The Secretary of cant rail-related risks to public safety and SECURITY PROGRAMS. Transportation is authorized to make grants the movement of interstate commerce, tak- (a) REQUIREMENT FOR STUDY.—Within one to Amtrak for the purpose of making fire ing into account the impact that any pro- year after the date of enactment of the Rail and life-safety improvements to Amtrak posed security measure might have on the Security Act of 2004, the Comptroller Gen- tunnels on the Northeast Corridor in New provision of rail service; eral shall complete a study of the rail pas- York, NY, Baltimore, MD, and Washington, (B) deploying equipment to detect explo- senger transportation security programs DC. sives and hazardous chemical, biological, and that are carried out for rail transportation (b) AUTHORIZATION OF APPROPRIATIONS.— radioactive substances, and any appropriate systems in Japan, member nations of the Eu- There are authorized to be appropriated to the Secretary of Transportation for the pur- countermeasures; ropean Union, and other foreign countries. poses of carrying out subsection (a) the fol- (C) training employees in terrorism pre- (b) PURPOSE.—The purpose of the study vention, passenger evacuation, and response shall be to identify effective rail transpor- lowing amounts: activities; tation security measures that are in use in (1) For the 6 New York tunnels to provide (D) conducting public outreach campaigns foreign rail transportation systems, includ- ventilation, electrical, and fire safety tech- on passenger railroads; ing innovative measures and screening pro- nology upgrades, emergency communication (E) deploying surveillance equipment; and cedures determined effective. and lighting systems, and emergency access and egress for passengers— (F) identifying the immediate and long- (c) REPORT.—The Comptroller General term costs of measures that may be required shall submit a report on the results of the (A) $100,000,000 for fiscal year 2005; to address those risks. study to the Senate Committee on Com- (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (4) PLANS.—The report required by sub- merce, Science, and Transportation and the section (c) shall include— House of Representatives Committee on (D) $100,000,000 for fiscal year 2008; and (A) a plan, developed in consultation with Transportation and Infrastructure. The re- (E) $170,000,000 for fiscal year 2009. the freight and intercity passenger railroads, port shall include the Comptroller General’s (2) For the Baltimore & Potomac tunnel and State and local governments, for the assessment regarding whether it is feasible and the Union tunnel, together, to provide government to provide increased security to implement within the United States any adequate drainage, ventilation, communica- support at high or severe threat levels of of the same or similar security measures tion, lighting, and passenger egress up- alert; and that are determined effective under the grades— (B) a plan for coordinating rail security study. (A) $10,000,000 for fiscal year 2005; initiatives undertaken by the public and pri- (B) $10,000,000 for fiscal year 2006; SEC. —05. PASSENGER, BAGGAGE, AND CARGO (C) $10,000,000 for fiscal year 2007; vate sectors. SCREENING. (D) $10,000,000 for fiscal year 2008; and (b) CONSULTATION; USE OF EXISTING RE- (a) REQUIREMENT FOR STUDY AND REPORT.— (E) $17,000,000 for fiscal year 2009. SOURCES.—In carrying out the assessment re- The Under Secretary of Homeland Security (3) For the Washington, DC Union Station quired by subsection (a), the Under Sec- for Border and Transportation Security, in tunnels to improve ventilation, communica- retary of Homeland Security for Border and cooperation with the Secretary of Transpor- tion, lighting, and passenger egress up- Transportation Security shall consult with tation, shall— grades— rail management, rail labor, owners or les- (1) analyze the cost and feasibility of re- (A) $8,000,000 for fiscal year 2005; sors of rail cars used to transport hazardous quiring security screening for passengers, (B) $8,000,000 for fiscal year 2006; materials, first responders, shippers of haz- baggage, and cargo on passenger trains; and (C) $8,000,000 for fiscal year 2007; ardous materials, public safety officials (in- (2) report the results of the study, together (D) $8,000,000 for fiscal year 2008; and cluding those within other agencies and of- with any recommendations that the Under (E) $8,000,000 for fiscal year 2009. fices within the Department of Homeland Se- Secretary may have for implementing a rail (c) INFRASTRUCTURE UPGRADES.—There are curity), and other relevant parties. security screening program to the Senate (c) REPORT.— authorized to be appropriated to the Sec- Committee on Commerce, Science, and (1) CONTENTS.—Within 180 days after the retary of Transportation for fiscal year 2005 Transportation and the House of Representa- date of enactment of this Act, the Under $3,000,000 for the preliminary design of op- tives Committee on Transportation and In- Secretary shall transmit to the Senate Com- tions for a new tunnel on a different align- frastructure within 1 year after the date of mittee on Commerce, Science, and Transpor- ment to augment the capacity of the exist- enactment of this Act. tation and the House of Representatives ing Baltimore tunnels. (b) PILOT PROGRAM.—As part of the study Committee on Transportation and Infra- (d) AVAILABILITY OF APPROPRIATED under subsection (a), the Under Secretary structure a report containing the assessment FUNDS.—Amounts appropriated pursuant to shall complete a pilot program of random se- and prioritized recommendations required by this section shall remain available until ex- curity screening of passengers and baggage subsection (a) and an estimate of the cost to pended. at 5 passenger rail stations served by Am- implement such recommendations. (e) PLANS REQUIRED.—The Secretary may trak selected by the Under Secretary. In con- (2) FORMAT.—The Under Secretary may not make amounts available to Amtrak for ducting the pilot program, the Under Sec- submit the report in both classified and re- obligation or expenditure under subsection retary shall— dacted formats if the Under Secretary deter- (a)— (1) test a wide range of explosives detection mines that such action is appropriate or nec- (1) until Amtrak has submitted to the Sec- technologies, devices and methods; essary. retary, and the Secretary has approved, an (2) require that intercity rail passengers (d) 2-YEAR UPDATES.—The Under Sec- engineering and financial plan for such retary, in consultation with the Secretary of produce government-issued photographic projects; and Transportation, shall update the assessment identification which matches the name on (2) unless, for each project funded pursuant and recommendations every 2 years and the passenger’s tickets prior to boarding to this section, the Secretary has approved a transmit a report, which may be submitted trains; and project management plan prepared by Am- in both classified and redacted formats, to (3) attempt to give preference to locations trak addressing appropriate project budget, the Committees named in subsection (c)(1), at the highest risk of terrorist attack and construction schedule, recipient staff organi- containing the updated assessment and rec- achieve a distribution of participating train zation, document control and record keep- ommendations. stations in terms of geographic location, ing, change order procedure, quality control (e) AUTHORIZATION OF APPROPRIATIONS.— size, passenger volume, and whether the sta- and assurance, periodic plan updates, peri- There are authorized to be appropriated to tion is used by commuter rail passengers as odic status reports, and such other matters the Under Secretary of Homeland Security well as Amtrak passengers. the Secretary deems appropriate. for Border and Transportation Security (c) AUTHORIZATION OF APPROPRIATIONS.— (f) REVIEW OF PLANS.—The Secretary of $5,000,000 for fiscal year 2005 for the purpose There are authorized to be appropriated to Transportation shall complete the review of of carrying out this section. the Under Secretary of Homeland Security the plans required by paragraphs (1) and (2) SEC. —03. RAIL SECURITY. for Border and Transportation Security to of subsection (e) and approve or disapprove (a) RAIL POLICE OFFICERS.—Section 28101 of carry out this section $5,000,000 for fiscal the plans within 45 days after the date on title 49, United States Code, is amended by year 2005. which each such plan is submitted by Am- striking ‘‘the rail carrier’’ each place it ap- SEC. —06. CERTAIN PERSONNEL LIMITATIONS trak. If the Secretary determines that a plan pears and inserting ‘‘any rail carrier’’. NOT TO APPLY. is incomplete or deficient, the Secretary (b) REVIEW OF RAIL REGULATIONS.—Within Any statutory limitation on the number of shall notify Amtrak of the incomplete items 1 year after the date of enactment of this employees in the Transportation Security or deficiencies and Amtrak shall, within 30 September 30, 2004 CONGRESSIONAL RECORD — SENATE S10115 days after receiving the Secretary’s notifica- not holding reservations on other trains, for (2) to secure Amtrak trains; tion, submit a modified plan for the Sec- Amtrak to use reasonable efforts to ascer- (3) to secure Amtrak stations; retary’s review. Within 15 days after receiv- tain the number and names of passengers (4) to obtain a watch list identification ing additional information on items pre- aboard a train involved in an accident. system approved by the Under Secretary; viously included in the plan, and within 45 ‘‘(2) A plan for creating and publicizing a (5) to obtain train tracking and interoper- days after receiving items newly included in reliable, toll-free telephone number within 4 able communications systems that are co- a modified plan, the Secretary shall either hours after such an accident occurs, and for ordinated to the maximum extent possible; approve the modified plan, or, if the Sec- providing staff, to handle calls from the fam- (6) to hire additional police and security retary finds the plan is still incomplete or ilies of the passengers. officers, including canine units; and deficient, the Secretary shall identify in ‘‘(3) A process for notifying the families of (7) to expand emergency preparedness ef- writing to the Senate Committee on Com- the passengers, before providing any public forts. merce, Science, and Transportation and the notice of the names of the passengers, by (b) CONDITIONS.—The Secretary of Trans- House of Representatives Committee on suitably trained individuals. portation may not disburse funds to Amtrak Transportation and Infrastructure the por- ‘‘(4) A process for providing the notice de- under subsection (a) unless the projects are tions of the plan the Secretary finds incom- scribed in paragraph (2) to the family of a contained in a systemwide security plan ap- plete or deficient, approve all other portions passenger as soon as Amtrak has verified proved by the Under Secretary, in consulta- of the plan, obligate the funds associated that the passenger was aboard the train tion with the Secretary of Transportation, with those other portions, and execute an (whether or not the names of all of the pas- and, for capital projects, meet the require- agreement with Amtrak within 15 days sengers have been verified). ments of section —07(e)(2). The plan shall in- thereafter on a process for resolving the re- ‘‘(5) A process by which the family of each clude appropriate measures to address secu- maining portions of the plan. passenger will be consulted about the dis- rity awareness, emergency response, and pas- (g) FINANCIAL CONTRIBUTION FROM OTHER position of all remains and personal effects senger evacuation training. TUNNEL USERS.—The Secretary shall, taking of the passenger within Amtrak’s control; (c) EQUITABLE GEOGRAPHIC ALLOCATION.— into account the need for the timely comple- that any possession of the passenger within The Under Secretary shall ensure that, sub- tion of all portions of the tunnel projects de- Amtrak’s control will be returned to the ject to meeting the highest security needs on scribed in subsection (a)— family unless the possession is needed for the Amtrak’s entire system, stations and facili- (1) consider the extent to which rail car- accident investigation or any criminal inves- ties located outside of the Northeast Cor- riers other than Amtrak use the tunnels; tigation; and that any unclaimed possession ridor receive an equitable share of the secu- (2) consider the feasibility of seeking a fi- of a passenger within Amtrak’s control will rity funds authorized by this section. VAILABILITY OF FUNDS.—There are au- nancial contribution from those other rail be retained by the rail passenger carrier for (d) A thorized to be appropriated to the Under Sec- carriers toward the costs of the projects; and at least 18 months. retary of Homeland Security for Border and (3) obtain financial contributions or com- ‘‘(6) A process by which the treatment of Transportation Security $63,500,000 for fiscal mitments from such other rail carriers at the families of nonrevenue passengers will be year 2005 for the purposes of carrying out levels reflecting the extent of their use of the same as the treatment of the families of this section. Amounts appropriated pursuant the tunnels, if feasible. revenue passengers. to this subsection shall remain available SEC. —08. MEMORANDUM OF AGREEMENT. ‘‘(7) An assurance that Amtrak will provide adequate training to its employees and until expended. (a) MEMORANDUM OF AGREEMENT.—Within agents to meet the needs of survivors and SEC. —11. FREIGHT AND PASSENGER RAIL SECU- 60 days after the date of enactment of this RITY UPGRADES. Act, the Secretary of Transportation and the family members following an accident. ‘‘(c) USE OF INFORMATION.—The National (a) SECURITY IMPROVEMENT GRANTS.—The Secretary of Homeland Security shall exe- Transportation Safety Board, the Secretary Under Secretary of Homeland Security for cute a memorandum of agreement governing of Transportation, and Amtrak may not re- Border and Transportation Security is au- the roles and responsibilities of the Depart- lease to any person information on a list ob- thorized to make grants to freight railroads, ment of Transportation and the Department tained under subsection (b)(1) but may pro- the Alaska Railroad, hazardous materials of Homeland Security, respectively, in ad- vide information on the list about a pas- shippers, owners of rail cars used in the dressing railroad transportation security senger to the family of the passenger to the transportation of hazardous materials, uni- matters, including the processes the depart- extent that the Board or Amtrak considers versities, colleges and research centers, ments will follow to promote communica- appropriate. State and local governments (for passenger tions, efficiency, and nonduplication of ef- ‘‘(d) LIMITATION ON LIABILITY.—Amtrak facilities and infrastructure not owned by fort. shall not be liable for damages in any action Amtrak), and, through the Secretary of (b) RAIL SAFETY REGULATIONS.—Section brought in a Federal or State court arising Transportation, to Amtrak, for full or par- 20103(a) of title 49, United States Code, is out of the performance of Amtrak in pre- tial reimbursement of costs incurred in the amended by striking ‘‘safety’’ the first place paring or providing a passenger list, or in conduct of activities to prevent or respond to it appears, and inserting ‘‘safety, including providing information concerning a train acts of terrorism, sabotage, or other inter- security,’’. reservation, pursuant to a plan submitted by city passenger rail and freight rail security SEC. —09. AMTRAK PLAN TO ASSIST FAMILIES OF Amtrak under subsection (b), unless such li- threats, including— PASSENGERS INVOLVED IN RAIL ability was caused by Amtrak’s conduct. (1) security and redundancy for critical PASSENGER ACCIDENTS. ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- communications, computer, and train con- (a) IN GENERAL.—Chapter 243 of title 49, TION.—Nothing in this section may be control systems essential for secure rail oper- United States Code, is amended by adding at strued as limiting the actions that Amtrak ations; the end the following: may take, or the obligations that Amtrak (2) accommodation of cargo or passenger ‘‘§ 24316. Plans to address needs of families of may have, in providing assistance to the screening equipment at the United States- passengers involved in rail passenger acci- families of passengers involved in a rail pas- Mexico border or the United States-Canada senger accident. dents border; ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 There are authorized to be appropriated to (3) the security of hazardous material months after the date of the enactment of the Secretary of Transportation for the use transportation by rail; the Rail Security Act of 2004, Amtrak shall of Amtrak $500,000 for fiscal year 2005 to (4) secure intercity passenger rail stations, submit to the Chairman of the National carry out this section. Amounts appro- trains, and infrastructure; Transportation Safety Board and the Sec- priated pursuant to this subsection shall re- (5) structural modification or replacement retary of Transportation a plan for address- main available until expended.’’. of rail cars transporting high hazard mate- ing the needs of the families of passengers (b) CONFORMING AMENDMENT.—The chapter rials to improve their resistance to acts of involved in any rail passenger accident in- analysis for chapter 243 of title 49, United terrorism; volving an Amtrak intercity train and re- States Code, is amended by adding at the end (6) employee security awareness, prepared- sulting in a loss of life. the following: ness, passenger evacuation, and emergency ‘‘(b) CONTENTS OF PLANS.—The plan to be ‘‘Sec. response training; submitted by Amtrak under subsection (a) ‘‘24316. Plan to assist families of passengers (7) public security awareness campaigns for shall include, at a minimum, the following: involved in rail passenger acci- passenger train operations; ‘‘(1) A process by which Amtrak will main- dents’’. (8) the sharing of intelligence and informa- tain and provide to the National Transpor- SEC. —10. SYSTEMWIDE AMTRAK SECURITY UP- tion about security threats; tation Safety Board and the Secretary of GRADES. (9) to obtain train tracking and interoper- Transportation, immediately upon request, a (a) IN GENERAL—Subject to subsection (c), able communications systems that are co- list (which is based on the best available in- the Under Secretary of Homeland Security ordinated to the maximum extent possible; formation at the time of the request) of the for Border and Transportation Security is (10) to hire additional police and security names of the passengers aboard the train authorized to make grants, through the Sec- officers, including canine units; and (whether or not such names have been retary of Transportation, to Amtrak— (11) other improvements recommended by verified), and will periodically update the (1) to secure major tunnel access points the report required by section —02, including list. The plan shall include a procedure, with and ensure tunnel integrity in New York, infrastructure, facilities, and equipment up- respect to unreserved trains and passengers Baltimore, and Washington, DC; grades. S10116 CONGRESSIONAL RECORD — SENATE September 30, 2004

(b) ACCOUNTABILITY.—The Under Secretary (1) reduce the vulnerability of passenger tration determines that it is necessary or ap- shall adopt necessary procedures, including trains, stations, and equipment to explosives propriate, require railroads to increase the audits, to ensure that grants made under and hazardous chemical, biological, and ra- frequency or improve the methods of inspec- this section are expended in accordance with dioactive substances; tion of joint bars in continuous welded rail. the purposes of this title and the priorities (2) test new emergency response techniques (b) TANK CAR STANDARDS.—The Federal and other criteria developed by the Under and technologies; Railroad Administration shall— Secretary. (3) develop improved freight technologies, (1) within 1 year after the date of enact- (c) EQUITABLE ALLOCATION.—The Under including— Secretary shall equitably distribute the ment of this Act, validate the predictive (A) technologies for sealing rail cars; model it is developing to quantify the rel- funds authorized by this section, taking into (B) automatic inspection of rail cars; account geographic location, and shall en- evant dynamic forces acting on railroad tank (C) communication-based train controls; cars under accident conditions; and courage non-Federal financial participation and in awarding grants. With respect to grants (2) within 18 months after the date of en- (D) emergency response training; actment of this Act, initiate a rulemaking to for passenger rail security, the Under Sec- (4) test wayside detectors that can detect retary shall also take into account passenger develop and implement appropriate design tampering with railroad equipment; and standards for pressurized tank cars. volume and whether a station is used by (5) support enhanced security for the trans- commuter rail passengers as well as inter- portation of hazardous materials by rail, in- (c) OLDER TANK CAR IMPACT RESISTANCE city rail passengers. cluding— ANALYSIS AND REPORT.—Within 2 years after (d) CONDITIONS.—The Secretary of Trans- (A) technologies to detect a breach in a the date of enactment of this Act, the Fed- portation may not disburse funds to Amtrak tank car and transmit information about the eral Railroad Administration shall— under subsection (a) unless Amtrak meets integrity of tank cars to the train crew; (1) conduct a comprehensive analysis to de- the conditions set forth in section —10(b) of (B) research to improve tank car integrity, termine the impact resistance of the steels this title. with a focus on tank cars that carry high in the shells of pressure tank cars con- (e) ALLOCATION BETWEEN RAILROADS AND hazard materials (as defined in section structed before 1989; and OTHERS.—Unless as a result of the assess- —11(g) of this title; (2) transmit a report to the Senate Com- ment required by section —02 the Under Sec- (C) techniques to transfer hazardous mate- mittee on Commerce, Science, and Transpor- retary of Homeland Security for Border and rials from rail cars that are damaged or oth- tation and the House of Representatives Transportation Security determines that erwise represent an unreasonable risk to Committee on Transportation and Infra- critical rail transportation security needs re- human life or public safety; structure with recommendations for meas- quire reimbursement in greater amounts to (6) other projects recommended in the re- ures to eliminate or mitigate the risk of cat- any eligible entity, no grants under this sec- port required by section —02. astrophic failure. tion may be made— (b) COORDINATION WITH OTHER RESEARCH SEC. —15. NORTHERN BORDER RAIL PASSENGER (1) in excess of $65,000,000 to Amtrak; or INITIATIVES.—The Under Secretary of Home- REPORT. (2) in excess of $100,000,000 for the purposes land Security for Border and Transportation described in paragraphs (3) and (5) of sub- Security shall ensure that the research and Within 180 days after the date of enact- section (a). development program authorized by this sec- ment of this Act, the Under Secretary of (f) AUTHORIZATION OF APPROPRIATIONS.— tion is coordinated with other research and Homeland Security for Border and Transpor- There are authorized to be appropriated to development initiatives at the Department tation Security, in consultation with the the Under Secretary of Homeland Security and the Department of Transportation. The heads of other appropriate Federal depart- for Border and Transportation Security Under Secretary of Homeland Security for ments and agencies and the National Rail- $350,000,000 for fiscal year 2005 to carry out Border and Transportation Security shall road Passenger Corporation, shall transmit a the purposes of this section. Amounts appro- carry out any research and development report to the Senate Committee on Com- priated pursuant to this subsection shall re- project authorized by this section through a merce, Science, and Transportation and the main available until expended. reimbursable agreement with the Secretary House of Representatives Committee on (g) HIGH HAZARD MATERIALS DEFINED.—In of Transportation if the Secretary of Trans- Transportation and Infrastructure that con- this section, the term ‘‘high hazard mate- portation— tains— rials’’ means poison inhalation hazard mate- (1) is already sponsoring a research and de- (1) a description of the current system for rials, Class 2.3 gases, Class 6.1 materials, and velopment project in a similar area; or screening passengers and baggage on pas- anhydrous ammonia. (2) has a unique facility or capability the senger rail service between the United States SEC. —12. OVERSIGHT AND GRANT PROCEDURES. would be useful in carrying out the project. and Canada; (a) SECRETARIAL OVERSIGHT.—The Sec- (c) ACCOUNTABILITY.—The Under Secretary retary of Transportation may use up to 0.5 shall adopt necessary procedures, including (2) an assessment of the current program percent of amounts made available to Am- audits, to ensure that grants made under to provide preclearance of airline passengers trak for capital projects under the Rail Secu- this section are expended in accordance with between the United States and Canada as rity Act of 2004 to enter into contracts for the purposes of this title and the priorities outlined in ‘‘The Agreement on Air Trans- the review of proposed capital projects and and other criteria developed by the Under port Preclearance between the Government related program management plans and to Secretary. of Canada and the Government of the United oversee construction of such projects. (d) AUTHORIZATION OF APPROPRIATIONS.— States of America’’, dated January 18, 2001; (b) USE OF FUNDS.—The Secretary may use There are authorized to appropriated to the (3) an assessment of the current program amounts available under subsection (a) of Under Secretary of Homeland Security for to provide preclearance of freight railroad this subsection to make contracts for safety, Border and Transportation Security traffic between the United States and Can- procurement, management, and financial $50,000,000 in each of fiscal years 2005 and 2006 ada as outlined in the ‘‘Declaration of Prin- compliance reviews and audits of a recipient to carry out the purposes of this section. ciple for the Improved Security of Rail Ship- of amounts under subsection (a). Amounts appropriated pursuant to this sub- ments by Canadian National Railway and (c) PROCEDURES FOR GRANT AWARD.—The section shall remain available until ex- Canadian Pacific Railway from Canada to Under Secretary shall prescribe procedures pended. the United States’’, dated April 2, 2003; and schedules for the awarding of grants SEC. —14. WELDED RAIL AND TANK CAR SAFETY (4) information on progress by the Depart- under this title, including application and IMPROVEMENTS. ment of Homeland Security and other Fed- qualification procedures (including a re- (a) TRACK STANDARDS.—Within 90 days eral agencies towards finalizing a bilateral quirement that the applicant have a security after the date of enactment of this Act, the protocol with Canada that would provide for plan), and a record of decision on applicant Federal Railroad Administration shall— preclearance of passengers on trains oper- eligibility. The procedures shall include the (1) require each track owner using contin- ating between the United States and Canada; execution of a grant agreement between the uous welded rail track to include procedures (5) a description of legislative, regulatory, grant recipient and the Under Secretary. The (in its procedures filed with the Administra- budgetary, or policy barriers within the Under Secretary shall issue a final rule es- tion pursuant to section 213.119 of title 49, United States Government to providing pre- tablishing the procedures not later than 90 Code of Federal Regulations) to improve the screened passenger lists for rail passengers days after the date of enactment of this Act. identification of cracks in rail joint bars; travelling between the United States and SEC. —13. RAIL SECURITY RESEARCH AND DE- (2) instruct Administration track inspec- Canada to the Department of Homeland Se- VELOPMENT. tors to obtain copies of the most recent con- curity; (a) ESTABLISHMENT OF RESEARCH AND DE- tinuous welded rail programs of each rail- (6) a description of the position of the Gov- VELOPMENT PROGRAM.—The Under Secretary road within the inspectors’ areas of responsi- ernment of Canada and relevant Canadian of Homeland Security for Border and Trans- bility and require that inspectors use those agencies with respect to preclearance of such portation Security, in conjunction with the programs when conducting track inspec- passengers; and Secretary of Transportation, shall carry out tions; and (7) a draft of any changes in existing Fed- a research and development program for the (3) establish a program to periodically re- eral law necessary to provide for pre-screen- purpose of improving freight and intercity view continuous welded rail joint bar inspec- ing of such passengers and providing pre- passenger rail security that may include re- tion data from railroads and Administration screened passenger lists to the Department search and development projects to— track inspectors and, whenever the Adminis- of Homeland Security. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10117 SEC. —16. REPORT REGARDING IMPACT ON SECU- ployee of a railroad carrier who has provided religion, or national origin to an identified RITY OF TRAIN TRAVEL IN COMMU- information about an alleged violation of criminal incident or scheme. NITIES WITHOUT GRADE SEPARA- this section. (2) ROUTINE OR SPONTANEOUS INVESTIGA- TION. ‘‘(2) The Secretary shall disclose to the At- TORY ACTIVITIES.—The term ‘‘routine or (a) STUDY.—The Secretary of Homeland Se- torney General the name of an employee de- spontaneous investigatory activities’’ means curity shall, in consultation with State and scribed in paragraph (1) of this subsection if the following activities by law enforcement local government officials, conduct a study the matter is referred to the Attorney Gen- agents: on the impact of blocked highway-railroad eral for enforcement.’’. (A) Interviews. grade crossings on the ability of emergency (b) CONFORMING AMENDMENT.—The chapter (B) Traffic stops. responders, including ambulances and police, analysis for chapter 201 of title 49, United (C) Pedestrian stops. fire, and other emergency vehicles, to per- States Code, is amended by inserting after (D) Frisks and other types of body form public safety and security duties in the the item relating to section 20115 the fol- searches. event of a terrorist attack. lowing: (E) Consensual or nonconsensual searches (b) REPORT.—Not later than 1 year after of the persons or possessions (including vehi- the date of enactment of this Act, the Sec- ‘‘20116. Whistleblower protection for rail security matters’’. cles) of motorists or pedestrians. retary of Homeland Security shall submit a (F) Inspections and interviews of entrants report to the Committee on Transportation SEC. —18. EFFECTIVE DATE. into the United States that are more exten- and Infrastructure of the House of Rep- This title takes effect on the date of enact- sive than those customarily carried out. resentatives and the Committee on Com- ment of this Act. (G) Immigration related workplace inves- merce, Science, and Transportation of the tigations. Senate on the findings of the study con- SA 3864. Mr. FRIST submitted an (H) Other types of law enforcement en- ducted under subsection (a) and rec- amendment intended to be proposed by counters compiled by the Federal Bureau of ommendations for reducing the impact of him to the bill S. 2845, to reform the in- Investigations or the Bureau of Justice Sta- blocked crossings on emergency response. telligence community and the intel- tistics. SEC. —17. WHISTLEBLOWER PROTECTION PRO- ligence and intelligence-related activi- SEC. ll2. POLICIES TO ELIMINATE RACIAL GRAM. ties of the United States Government, PROFILING BY FEDERAL LAW EN- (a) IN GENERAL.—Subchapter A of chapter FORCEMENT. and for other purposes; which was or- (a) IN GENERAL.—Federal law enforcement 201 of title 49, United States Code, is amend- dered to lie on the table; as follows: ed by inserting after section 20115 the fol- agencies shall— lowing: At the appropriate place insert the fol- (1) maintain adequate policies and proce- lowing: dures designed to eliminate racial profiling; ‘‘§ 20116. Whistleblower protection for rail se- Section 145(c) of the Aviation and Trans- and curity matters portation Security Act (49 U.S.C. 40101 note) (2) cease existing practices that encourage ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.— is amended by striking ‘‘more than’’ and all racial profiling. No rail carrier engaged interstate or foreign that follows through ‘‘after’’ and inserting (b) POLICIES AND PROCEDURES.—The poli- commerce may discharge a railroad em- ‘‘more than 48 months after’’. cies and procedures maintained under sub- ployee or otherwise discriminate against a section (a)(1) shall include— railroad employee because the employee (or SA 3865. Mr. AKAKA submitted an (1) a prohibition on racial profiling; any person acting pursuant to a request of amendment intended to be proposed by (2) independent procedures for receiving, the employee)— him to the bill S. 2845, to reform the in- investigating, and responding meaningfully (1) provided, caused to be provided, or is to complaints alleging racial profiling by about to provide or cause to be provided, to telligence community and the intel- law enforcement agents of the agency; the employer or the Federal Government in- ligence and intelligence-related activi- (3) procedures to discipline law enforce- formation relating to a perceived threat to ties of the United States Government, ment agents who engage in racial profiling; security; or and for other purposes; which was or- and ‘‘(2) provided, caused to be provided, or is dered to lie on the table; as follows: (4) such other policies or procedures that about to provide or cause to be provided, tes- On page 77, insert between lines 18 and 19, the Attorney General, in consultation with timony before Congress or at any Federal or the following: the Secretary of Homeland Security, determines necessary to eliminate racial State proceeding regarding a perceived (j) SENSE OF CONGRESS RELATING TO ADOP- profiling. threat to security; or TION OF STANDARDS OF REVIEW.—It is the (c) INTENT.—Nothing in this title is in- ‘‘(3) refused to violate or assist in the vio- sense of Congress that the Inspector General tended to impede the ability of Federal law lation of any law, rule or regulation related of the National Intelligence Authority, in enforcement to protect the country and its to rail security. consultation with other inspectors general in ‘‘(b) DISPUTE RESOLUTION.—A dispute, people from any threat, be it foreign or do- the intelligence community and the Presi- mestic. grievance, or claim arising under this sec- dent’s Council on Integrity and Efficiency, SEC. ll03. REPORTS ON RACIAL PROFILING IN tion is subject to resolution under section 3 should adopt standards for review and re- of the Railway Labor Act (45 U.S.C. 153). In THE UNITED STATES. lated precedent that is generally used by the (a) ANNUAL REPORT.—Not later than 2 a proceeding by the National Railroad Ad- intelligence community for reviewing whis- justment Board, a division or delegate of the years after the date of enactment of this tleblower reprisal complaints made under Act, and each year thereafter, the Attorney Board, or another board of adjustment estab- this section. lished under section 3 to resolve the dispute, General, in consultation with the Secretary of Homeland Security, shall submit to Con- grievance, or claim the proceeding shall be SA 3866. Mr. SPECTER submitted an gress a report on efforts to combat racial expedited and the dispute, grievance, or amendment intended to be proposed by profiling in the United States. claim shall be resolved not later than 180 him to the bill S. 2845, to reform the in- (b) CONTENTS.—Each report under sub- days after it is filed. If the violation is a section (a) shall include, for the 1-year pe- form of discrimination that does not involve telligence community and the intelligence and intelligence-related activi- riod ending on the date of such report— discharge, suspension, or another action af- (1) the status of the adoption and imple- fecting pay, and no other remedy is available ties of the United States Government, mentation of policies and procedures by Fed- under this subsection, the Board, division, and for other purposes; which was or- eral law enforcement agencies pursuant to delegate, or other board of adjustment may dered to lie on the table; as follows: section ll02; and award the employee reasonable damages, in- At the appropriate place, insert the fol- (2) a description of any other policies and cluding punitive damages, of not more than lowing: procedures that the Attorney General, in $20,000. TITLEll—RACIAL PROFILING consultation with the Secretary of Homeland ‘‘(c) PROCEDURAL REQUIREMENTS.—Except Security, believes would facilitate the elimi- as provided in subsection (b), the procedure SEC. ll01. DEFINITIONS. nation of racial profiling, including best set forth in section 42121(b)(2)(B) of this title, As used in this section: practices utilized by Federal, State, or local including the burdens of proof, applies to any (1) RACIAL PROFILING.—The term ‘‘racial law enforcement agencies. complaint brought under this section. profiling’’ means the practice of a law en- ‘‘(d) ELECTION OF REMEDIES.—An employee forcement agent relying, to any degree, on SA 3867. Mr. LEVIN (for himself and of a railroad carrier may not seek protection race, ethnicity, religion, or national origin Mr. COLEMAN) submitted an amend- under both this section and another provi- in selecting which individuals to subject to ment intended to be proposed by him sion of law for the same allegedly unlawful routine or spontaneous investigatory activi- to the bill S. 2845, to reform the intel- act of the carrier. ties, or in deciding upon the scope and sub- ligence community and the intel- ‘‘(e) DISCLOSURE OF IDENTITY.— stance of law enforcement activity following ‘‘(1) Except as provided in paragraph (2) of the initial investigatory procedure, except ligence and intelligence-related activi- this subsection, or with the written consent when there is trustworthy information, rel- ties of the United States Government, of the employee, the Secretary of Transpor- evant to the locality and timeframe, that and for other purposes; which was or- tation may not disclose the name of an em- links persons of a particular race, ethnicity, dered to lie on the table; as follows: S10118 CONGRESSIONAL RECORD — SENATE September 30, 2004 At the appropriate place, insert the fol- ‘‘(B) the term ‘depository institution hold- duct of the affairs of any insured depository lowing: ing company’ includes any foreign bank or institution for a period of up to 5 years. SEC. ll. TERRORISM FINANCING. company described in section 8(a) of the ‘‘(B) SCOPE OF PROHIBITION ORDER.—Any (a) REPORT ON TERRORIST FINANCING.— International Banking Act of 1978. person subject to an order issued under this (1) IN GENERAL.—Not later than 180 days ‘‘(3) RULES OF CONSTRUCTION.—For purposes subsection shall be subject to paragraphs (6) after the date of the enactment of this Act, of this subsection, a foreign bank shall be and (7) of section 8(e) in the same manner the President, acting through the Secretary deemed to control any branch or agency of and to the same extent as a person subject to of the Treasury, shall submit to Congress a the foreign bank, and a person shall be an order issued under such section. report evaluating the current state of United deemed to act as a consultant for a deposi- ‘‘(C) ADDITIONAL CRIMINAL AND CIVIL PEN- States efforts to curtail the international fi- tory institution, depository institution hold- ALTIES.—In addition to the civil penalties nancing of terrorism. ing company, or other company, only if such provided for in this paragraph, any person person directly works on matters for, or on (2) CONTENTS.—The report required by who violates this subsection shall be pun- paragraph (1) shall evaluate and make rec- behalf of, such depository institution, depos- ished as provided in section 216 of title 18, ommendations on— itory institution holding company, or other United States Code. (A) the effectiveness and efficiency of cur- company. ‘‘(D) DEFINITIONS.—Solely for purposes of EGULATIONS.— rent United States governmental efforts and ‘‘(4) R this paragraph, the ‘appropriate Federal ‘‘(A) IN GENERAL.—Each Federal banking methods to detect, track, disrupt, and stop banking agency’ for a company that is not a agency shall prescribe rules or regulations to terrorist financing; depository institution or depository institu- administer and carry out this subsection, in- (B) the relationship between terrorist fi- tion holding company shall be the Federal cluding rules, regulations, or guidelines to nancing and money laundering, including banking agency on whose behalf the person define the scope of persons referred to in how the laundering of proceeds related to il- described in paragraph (1) performed the paragraph (1)(B). legal narcotics or foreign political corrup- functions described in paragraph (1)(B).’’. ‘‘(B) CONSULTATION REQUIRED.—The Federal tion may contribute to terrorism or terrorist (c) POSTEMPLOYMENT RESTRICTION FOR CER- banking agencies shall consult with each financing; TAIN CREDIT UNION EXAMINERS.—Section 206 other for the purpose of assuring that the (C) the nature, effectiveness, and efficiency of the Federal Credit Union Act (12 U.S.C. rules and regulations issued by the agencies 1786) is amended by adding at the end the fol- of current efforts to coordinate intelligence under subparagraph (A) are, to the extent lowing: and agency operations within the United possible, consistent and comparable and States Government to detect, track, disrupt, practicable, taking into account any dif- ‘‘(w) ONE-YEAR RESTRICTIONS ON FEDERAL and stop terrorist financing, including iden- ferences in the supervisory programs utilized EXAMINERS OF INSURED CREDIT UNIONS.— tifying who, if anyone, has primary responsi- by the agencies for the supervision of deposi- ‘‘(1) IN GENERAL.—In addition to other ap- bility for developing priorities, assigning tory institutions and depository institution plicable restrictions set forth in title 18, tasks to agencies, and monitoring the imple- holding companies. United States Code, the penalties set forth in mentation of policy and operations; and ‘‘(5) WAIVER.— paragraph (5) of this subsection shall apply (D) ways to improve the setting of prior- ‘‘(A) AGENCY AUTHORITY.—A Federal bank- to any person who— ities and coordination of United States ef- ing agency may grant a waiver, on a case by ‘‘(A) was an officer or employee (including forts to detect, track, disrupt, and stop ter- case basis, of the restriction imposed by this any special Government employee) of the rorist financing, including recommendations subsection to any officer or employee (in- Administration; for changes in executive branch organization cluding any special Government employee) ‘‘(B) served 2 or more months during the or procedures, legislative reforms, or use of of that agency, and the Board of Governors final 12 months of his or her employment appropriated funds. of the Federal Reserve System may grant a with the Administration as the senior exam- (b) POSTEMPLOYMENT RESTRICTION FOR CER- waiver of the restriction imposed by this iner (or a functionally equivalent position) TAIN BANK AND THRIFT EXAMINERS.—Section subsection to any officer or employee of a of an insured credit union with continuing, 10 of the Federal Deposit Insurance Act (12 Federal reserve bank, if the head of such broad responsibility for the examination (or U.S.C. 1820) is amended by adding at the end agency certifies in writing that granting the inspection) and supervision of that insured the following: waiver would not affect the integrity of the credit union on behalf of the Administration; ‘‘(k) ONE-YEAR RESTRICTIONS ON FEDERAL supervisory program of the relevant Federal and EXAMINERS OF FINANCIAL INSTITUTIONS.— banking agency. ‘‘(C) within 1 year after the termination ‘‘(1) IN GENERAL.—In addition to other ap- ‘‘(B) DEFINITION.—For purposes of this date of his or her service or employment plicable restrictions set forth in title 18, paragraph, the head of an agency is— with the Administration, knowingly accepts United States Code, the penalties set forth in ‘‘(i) the Comptroller of the Currency, in compensation as an employee, officer, direc- paragraph (6) of this subsection shall apply the case of the Office of the Comptroller of tor, or consultant from such insured credit to any person who— the Currency; union. ‘‘(A) was an officer or employee (including ‘‘(ii) the Chairman of the Board of Gov- ‘‘(2) RULE OF CONSTRUCTION.—For purposes any special Government employee) of a Fed- ernors of the Federal Reserve System, in the of this subsection, a person shall be deemed eral banking agency or a Federal reserve case of the Board of Governors of the Federal to act as a consultant for an insured credit bank; Reserve System; union only if such person directly works on ‘‘(B) served 2 or more months during the ‘‘(iii) the Chairperson of the Board of Di- matters for, or on behalf of, such insured final 12 months of his or her employment rectors, in the case of the Corporation; and credit union. with such agency or entity as the senior ex- ‘‘(iv) the Director of the Office of Thrift ‘‘(3) REGULATIONS.— aminer (or a functionally equivalent posi- Supervision, in the case of the Office of ‘‘(A) IN GENERAL.—The Board shall pre- tion) of a depository institution or deposi- Thrift Supervision. scribe rules or regulations to administer and tory institution holding company with con- ‘‘(6) PENALTIES.— carry out this subsection, including rules, tinuing, broad responsibility for the exam- ‘‘(A) VIOLATORS SUBJECT TO INDUSTRY-WIDE regulations, or guidelines to define the scope ination (or inspection) and supervision of PROHIBITION ORDER.—In addition to any other of persons referred to in paragraph (1)(B). that depository institution or depository in- penalty that may apply, whenever a Federal ‘‘(B) CONSULTATION.—In prescribing rules stitution holding company on behalf of the banking agency determines that a person or regulations under this paragraph, the relevant agency or Federal reserve bank; and subject to paragraph (1) has violated para- Board shall, to the extent it deems nec- ‘‘(C) within 1 year after the termination graph (1) by becoming associated, in the essary, consult with the Federal banking date of his or her service or employment manner described in paragraph (1)(C), with a agencies (as defined in section 3 of the Fed- with such agency or entity, knowingly ac- depository institution, depository institu- eral Deposit Insurance Act) on regulations cepts compensation as an employee, officer, tion holding company, or other company for issued by such agencies in carrying out sec- director, or consultant from— which such agency serves as the appropriate tion 10(k) of the Federal Deposit Insurance ‘‘(i) such depository institution, any depos- Federal banking agency, the agency shall Act. itory institution holding company that con- serve a written notice or order, in accord- ‘‘(4) WAIVER.— trols such depository institution, or any ance with and subject to the provisions of ‘‘(A) AGENCY AUTHORITY.—The Board may other company that controls such depository section 8(e)(4) for written notices or orders grant a waiver, on a case by case basis, of the institution; or under paragraphs (1) or (2) of section 8(e), restriction imposed by this subsection to any ‘‘(ii) such depository institution holding upon such person of the intention of the officer or employee (including any special company or any depository institution that agency— Government employee) of the Administra- is controlled by such depository institution ‘‘(i) to remove such person from office or to tion if the Chairman certifies in writing that holding company. prohibit such person from further participa- granting the waiver would not affect the in- ‘‘(2) DEFINITIONS.—For purposes of this sub- tion in the conduct of the affairs of the de- tegrity of the supervisory program of the Ad- section— pository institution, depository institution ministration. ‘‘(A) the term ‘depository institution’ in- holding company, or other company for a pe- ‘‘(5) PENALTIES.— cludes an uninsured branch or agency of a riod of up to 5 years; and ‘‘(A) VIOLATORS SUBJECT TO INDUSTRY-WIDE foreign bank, if such branch or agency is lo- ‘‘(ii) to prohibit any further participation PROHIBITION ORDER.—In addition to any other cated in any State; and by such person, in any manner, in the con- penalty that may apply, whenever the Board September 30, 2004 CONGRESSIONAL RECORD — SENATE S10119 determines that a person subject to para- technologies, and legislation, as necessary to (17) the Under Secretary of Defense for In- graph (1) has violated paragraph (1) by be- implement the such policy; telligence; coming associated, in the manner described (5) at the request of the head of any Fed- (18) the General Counsel of the Department in paragraph (1)(C), with an insured credit eral department or agency, unless the Chair of Defense; union, the Board shall serve written notice, of the Board, after consultation with the (19) the Legal Adviser, Department of in accordance with and subject to the provi- Vice Chair, declines the request, promptly State; sions of subsection (g)(4) for written notices review and provide advice on a policy or ac- (20) the Director, Terrorist Threat Integra- under paragraphs (1) or (2) of subsection (g), tion of that department or agency that im- tion Center; and upon such person of the intention of the plicates the policy set out in subsection (a); (21) such other officers of the United States Board— (6) obtain information and advice relating as the Deputy Attorney General may from ‘‘(i) to remove such person from office or to to such policy from representatives of enti- time to time designate. prohibit such person from further participa- ties or individuals outside the executive (f) DELEGATION.—A member of the Board tion in the conduct of the affairs of the in- branch of the Federal Government in a man- may designate, to perform the Board or sured credit union for a period of up to 5 ner that seeks their individual advice and Board subgroup functions of the member, years; and does not involve collective judgment or con- any person who is part of such member’s de- ‘‘(ii) to prohibit any further participation sensus advice or deliberation; partment or agency and who is either an offi- by such person, in any manner, in the con- (7) refer, consistent with section 535 of title cer of the United States appointed by the duct of the affairs of any insured credit 28, United States Code, credible information President, or a member of the Senior Execu- union for a period of up to 5 years. pertaining to possible violations of law relat- tive Service or the Senior Intelligence Serv- ‘‘(B) SCOPE OF PROHIBITION ORDER.—Any ing to the Policy by any Federal employee or ice. official to the appropriate office for prompt person subject to an order issued under this (g) ADMINISTRATIVE MATTERS.—The Chair, subsection shall be subject to paragraphs (5) investigation; (8) take steps to enhance cooperation and after consultation with the Vice Chair, shall and (7) of subsection (g) in the same manner convene and preside at meetings of the and to the same extent as a person subject to coordination among Federal departments and agencies in the implementation of the Board, determine its agenda, direct its work, an order issued under subsection (g). and, as appropriate to deal with particular ‘‘(C) ADDITIONAL CRIMINAL AND CIVIL PEN- Policy, including but not limited to working with the Director of the Office of Manage- subject matters, establish and direct sub- ALTIES.—In addition to the civil penalties groups of the Board that shall consist exclu- provided for in this paragraph, any person ment and Budget and other officers of the United States to review and assist in the co- sively of members of the Board. The Chair who violates this subsection shall be pun- may invite, in his discretion, officers or em- ished as provided in section 216 of title 18, ordination of guidelines and policies concerning national security and homeland se- ployees of other departments or agencies to United States Code.’’. participate in the work of the Board. The (d) EFFECTIVE DATE.—Notwithstanding sec- curity efforts, such as information collection Chair shall convene the first meeting of the tion 341, subsection (a) shall become effec- and sharing; and Board within 20 days after the date of the en- tive on the date of enactment of this Act, (9) undertake other efforts to protect the actment of this Act and shall thereafter con- and the amendments made by subsections (b) legal rights of all Americans, including free- vene meetings of the Board at such times as and (c) shall become effective at the end of doms, civil liberties, and information pri- the Chair, after consultation with the Vice the 12-month period beginning on the date of vacy guaranteed by Federal law, as the Chair, deems appropriate. The Deputy Attor- enactment of this Act, whether or not final President may direct; ney General shall designate an official of the regulations are issued in accordance with the (d) ADVISORY COMMITTEES.—Upon the rec- Department of Justice to serve as the Execu- amendments made by this section as of that ommendation of the Board, the Attorney tive Director of the Board. date of enactment. General or the Secretary of Homeland Secu- rity may establish one or more committees (h) COOPERATION.—To the extent permitted SA 3868. Mr. SESSIONS submitted an that include individuals from outside the ex- by law, all Federal departments and agencies amendment intended to be proposed by ecutive branch of the Federal Government, shall cooperate with the Board and provide him to the bill S. 2845, to reform the in- in accordance with applicable law, to advise the Board with such information, support, the Board on specific issues relating to the telligence community and the intel- and assistance as the Board, through the policy set out in subsection (a). Any such Chair, may request. ligence and intelligence-related activi- committee shall carry out its functions sepa- ties of the United States Government, rately from the Board. (i) ADMINISTRATION.— Consistent with ap- and for other purposes; which was or- (e) MEMBERSHIP AND OPERATION.—The plicable law and subject to the availability dered to lie on the table; as follows: Board shall consist exclusively of the fol- of appropriations, the Department of Justice lowing: shall provide the funding and administrative Beginning on page 52, strike line 21 and all (1) the Deputy Attorney General, who shall support for the Board necessary to imple- that follows through page 56, line 8. ment this section. Beginning on page 60, strike line 5 and all serve as Chair; that follows though page 81, line 14. (2) the Under Secretary for Border and (j) GENERAL PROVISIONS.— Beginning on page 153, strike line 5 and all Transportation Security, Department of (1) RELATIONSHIP TO OTHER AUTHORITY.— that follows through page 170, line 8 and in- Homeland Security, who shall serve as Vice The provisions of this section shall not be sert the following: Chair; construed to impair or otherwise affect the SEC. 211. BOARD ON SAFEGUARDING AMERICANS’ (3) the Assistant Attorney General, Civil authorities of any department, agency, in- CIVIL LIBERTIES. Rights Division; strumentality, officer, or employee of the (a) POLICY.—The United States Govern- (4) the Assistant Attorney General, Office United States under applicable law, includ- ment has a solemn obligation, and shall con- of Legal Policy; ing the functions of the Director of the Of- tinue fully, to protect the legal rights of all (5) the Counsel for Intelligence Policy, De- fice of Management and Budget relating to Americans, including freedoms, civil lib- partment of Justice; budget, administrative, or legislative pro- erties, and information privacy guaranteed (6) the Chair of the Privacy Council, Fed- posals. by Federal law, in the effective performance eral Bureau of Investigation; (2) RELATIONSHIP TO OTHER LAWS.—The proof national security and homeland security (7) the Assistant Secretary for Information visions of this section shall be implemented functions. Analysis, Department of Homeland Security; in a manner consistent with applicable laws (b) ESTABLISHMENT OF BOARD.—To advance (8) the Assistant Secretary, Policy, Direc- and Executive Orders concerning protection the policy set out in subsection (a), there is torate of Border and Transportation Secu- of information, including those for the pro- established the President’s Board on Safe- rity, Department of Homeland Security; tection of intelligence sources and methods, guarding Americans’ Civil Liberties (herein- (9) the Officer for Civil Rights and Civil law enforcement information, and classified after referred to as the ‘‘Board’’). The Board Liberties, Department of Homeland Secu- national security information, and the Pri- shall be part of the Department of Justice rity; vacy Act of 1974 (5 U.S.C. 552a). for administrative purposes. (10) the Privacy Officer, Department of (3) INTERNAL MANAGEMENT.—The provisions (c)FUNCTIONS.—The Board shall— Homeland Security; of this section are intended only to improve (1) advise the President on effective means (11) the Under Secretary for Enforcement, the internal management of the Federal to implement the policy set out in sub- Department of the Treasury; Government and is not intended to, and do section (a); (12) the Assistant Secretary (Terrorist Fi- not, create any right or benefit, substantive (2) keep the President informed of the im- nancing), Department of the Treasury; or procedural, enforceable at law or in eq- plementation of such policy; (13) the General Counsel, Office of Manage- uity, by a party against the United States, (3) periodically request reports from Fed- ment and Budget; or any of its departments, agencies, instru- eral departments and agencies relating to (14) the Deputy Director of Central Intel- mentalities, entities, officers, employees, or policies and procedures that ensure imple- ligence for Community Management; agents, or any other person. mentation of the policy set out in subsection (15) the General Counsel, Central Intel- (a); ligence Agency; (4) recommend to the President policies, (16) the General Counsel, National Security SA 3869. Mr. SESSIONS submitted an guidelines, and other administrative actions, Agency; amendment intended to be proposed by S10120 CONGRESSIONAL RECORD — SENATE September 30, 2004 him to the bill S. 2845, to reform the in- (B) all aliens who have signed a voluntary ‘‘(I) from the point of apprehension to the telligence community and the intel- departure agreement; and place of detention; and ligence and intelligence-related activi- (C) all aliens whose visas have been re- ‘‘(II) if the place of detention and place of ties of the United States Government, voked. custody are different, to the custody transfer (2) CIRCUMSTANCES.—The information de- point. and for other purposes; which was or- scribed in paragraph (1) shall be provided to ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— dered to lie on the table; as follows: the National Crime Information Center re- There are authorized to be appropriated such Beginning on page 52, strike line 21 and all gardless of whether— sums as may be necessary to carry out para- that follows through page 56, line 8. (A) the alien received notice of a final graph (2).’’. Beginning on page 60, strike line 5 and all order of removal; or that follows though page 81, line 14. (B) the alien has already been removed. SA 3872. Mr. SESSIONS (for himself Beginning on page 153, strike line 3 and all (b) INCLUSION OF INFORMATION IN NCIC and Mr. ENSIGN) submitted an amend- that follows through page 170, line 8. DATABASE.—Section 534(a) of title 28, United ment intended to be proposed by him SA 3870. Mr. SESSIONS submitted an States Code, is amended— to the bill S. 2845, to reform the intel- amendment intended to be proposed by (1) in paragraph (3), by striking ‘‘and’’ at ligence community and the intel- the end; him to the bill S. 2845, to reform the in- ligence and intelligence-related activi- (2) by redesignating paragraph (4) as para- ties of the United States Government, telligence community and the intel- graph (5); and ligence and intelligence-related activi- and for other purposes; which was or- (3) by inserting after paragraph (3) the fol- dered to lie on the table; as follows: ties of the United States Government, lowing: and for other purposes; which was or- ‘‘(4) acquire, collect, classify, and preserve At the appropriate place, insert the following: dered to lie on the table; as follows: records of violations of the immigration laws of the United States; and’’. SEC. ll. BIOMETRIC STANDARDS FOR PASS- At the appropriate place, insert the fol- PORTS. (c) PERMISSION TO DEPART VOLUNTARILY.— lowing: (a) FINDINGS.—Congress finds the fol- Section 240B(a)(2)(A) of the Immigration and SEC. ll. PERMANENT INFORMATION SHARING. lowing: Nationality Act (8 U.S.C. 1229c(a)(2)(A)) is Section 224 of the USA PATRIOT ACT (1) The 9/11 Commission Report made clear (Public Law 107–56) is amended by— amended by striking ‘‘120’’ and inserting that the incapacity to establish the authen- (1) striking ‘‘203(a), 203(c)’’ and inserting ‘‘30’’. ticity of United States passports through a ‘‘203’’; and SEC. 403. FEDERAL CUSTODY OF ILLEGAL ALIENS biometric identifier is a major gap in home- (2) inserting ‘‘218,’’ after ‘‘216,’’. APPREHENDED BY STATE OR LOCAL land security when it stated, ‘‘Americans LAW ENFORCEMENT. should not be exempt from carrying biomet- SA 3871. Mr. SESSIONS (for himself, (a) IN GENERAL.—Section 241 of the Immi- ric passports or otherwise enabling their Mr. CORNYN, Mr. MILLER, and Mr. EN- gration and Nationality Act (8 U.S.C. 1231) is identities to be securely verified when they SIGN) submitted an amendment in- amended by adding at the end the following: enter the United States; nor should Cana- tended to be proposed by him to the ‘‘(j) CUSTODY OF ILLEGAL ALIENS.— dians or Mexicans’’. ‘‘(1) IN GENERAL.—If the chief executive of- bill S. 2845, to reform the intelligence (2) The Enhanced Border Security and Visa ficer of a State or, if appropriate, a political Entry Reform Act of 2002 requires Visa Waiv- community and the intelligence and subdivision of the State, exercising author- er Program countries to conform to a bio- intelligence-related activities of the ity with respect to the apprehension of an il- metric standard negotiated through the United States Government, and for legal alien submits a request to the Sec- International Civil Aviation Organization, other purposes; which was ordered to retary of Homeland Security that the alien rather than requiring a specific type of bio- lie on the table; as follows: be taken into Federal custody, the Secretary metric identifier. The standard agreed upon On page 213, after line 12, add the fol- of Homeland Security— by the international community is facial lowing: ‘‘(A) shall— recognition, consisting of a picture with a ‘‘(i) not later than 48 hours after the con- TITLE IV—IMMIGRATION ENFORCEMENT computer chip embedded in the passport to clusion of the State charging process or dis- verify the picture. SEC. 401. FEDERAL AFFIRMATION OF STATE AND missal process, or if no State charging or dis- (3) Facial recognition biometric tech- LOCAL ASSISTANCE IN ENFORCE- missal process is required, not later than 48 MENT OF FEDERAL IMMIGRATION nology remains inferior to fingerprint bio- LAWS. hours after the illegal alien is apprehended, metric technology for the purpose of one-to- (a) IN GENERAL.—Notwithstanding any take the illegal alien into the custody of the many matches and is not consistent with the other provision of law and reaffirming the Federal Government and incarcerate the biometric information that the United existing inherent authority of States, law alien; or States collects from visa applicants through enforcement personnel of a State or a polit- ‘‘(ii) request that the relevant State or its visa issuance process. Consequently, indi- ical subdivision of a State have the inherent local law enforcement agency temporarily viduals from Visa Waiver Program countries authority of a sovereign entity to inves- incarcerate or transport the illegal alien for who do not go through visa applications and tigate, apprehend, arrest, detain, or transfer transfer to Federal custody; and interviews at the point of origin are admit- to Federal custody aliens in the United ‘‘(B) shall designate at least 1 Federal, ted into the United States with only a facial States (including the transportation of such State, or local prison or jail, or a private biometric identifier contained in their pass- aliens across State lines to detention cen- contracted prison or detention facility, with- port. ters), in the course of carrying out their rou- in each State as the central facility for that (4) In order to be eligible for the Visa Waiv- tine duties for the purpose of assisting in the State to transfer custody of the criminal or er Program, Visa Waiver Program countries enforcement of the immigration laws of the illegal alien to the Secretary of Homeland should issue visas and passports that con- United States. Security. form with the same biometric standard as (b) CONSTRUCTION.—Nothing in this section ‘‘(2) REIMBURSEMENT.— travel documents issued by the United shall be construed to require law enforce- ‘‘(A) IN GENERAL.—The Department of States. ment officers of a State or political subdivi- Homeland Security shall reimburse States (5) Because the United Sates must set an sion of a State to— and political subdivisions for all reasonable example in the establishment of an inter- (1) report the identity of victims of, or wit- expenses, as determined by the Secretary of national travel document biometric identi- nesses to, a criminal offense to the Secretary Homeland Security, incurred by a State or fication standard, and must ensure that of Homeland Security; or political subdivision in the incarceration and United States issued passports are not used (2) arrest such victims or witnesses for im- transportation of an illegal alien as de- by non-United States citizens to fraudu- migration violations. scribed in subparagraphs (A) and (B) of para- lently gain entrance into the United States, SEC. 402. LISTING OF IMMIGRATION VIOLATORS graph (1). the United States should not only comply IN THE NATIONAL CRIME INFORMA- ‘‘(B) COST COMPUTATION.—Compensation with the standards set by the International TION CENTER DATABASE. provided for costs incurred under subpara- Civil Aviation Organization, but should in- (a) PROVISION OF INFORMATION TO NCIC.— graphs (A) and (B) of paragraph (1) shall be clude fingerprints as a second additional bio- (1) IN GENERAL.—Not later than 180 days the sum of— metric identifier on the passports it issues to after the date of enactment of this Act, and ‘‘(i)(I) the average cost of incarceration of its citizens. continually thereafter, the Under Secretary a prisoner per day in the relevant State, as (b) FINGERPRINTS ON UNITED STATES PASS- for Border and Transportation Security of determined by the chief executive officer of PORTS.— the Department of Homeland Security shall a State, or, as appropriate, a political sub- (1) IN GENERAL.—The Secretary of State provide the National Crime Information Cen- division of the State; multiplied by shall ensure that each passport issued by the ter of the Department of Justice with such ‘‘(II) the number of days that the alien was United States after the effective date of this information as the Under Secretary may in the custody of the State or political sub- subsection— have on— division; and (A) contains the index fingerprints of the (A) all aliens against whom a final order of ‘‘(ii) the cost of transporting the criminal person to whom such passport was issued; removal has been issued; or illegal alien— and September 30, 2004 CONGRESSIONAL RECORD — SENATE S10121 (B) complies with the additional biometric erty of a railroad carrier, owner of a pas- ‘‘(3) the railroad on-track equipment, pas- standard established by the International senger vessel, or mass transportation pro- senger vessel, or mass transportation vehicle Civil Aviation Organization. vider; was carrying a hazardous material at the (2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) sets fire to, undermines, makes un- time of the offense that— (A) IN GENERAL.—There are authorized to workable, unusable, or hazardous to work on ‘‘(A) was required to be placarded under be appropriated a total of $1,000,000,000 for or use, or places any biological agent or subpart F of part 172 of title 49, Code of Fed- fiscal years 2005 and 2006 to carry out the toxin, destructive substance, or destructive eral Regulations; and provisions of paragraph (1). device in, upon, or near any— ‘‘(B) is identified as class number 3, 4, 5, (B) AVAILABILITY.—Any amounts appro- ‘‘(A) tunnel, bridge, viaduct, trestle, track, 6.1, or 8 and packing group I or packing priated pursuant to subparagraph (A) shall electromagnetic guideway, signal, station, group II, or class number 1, 2, or 7 under the remain available until expended. depot, warehouse, terminal, or any other hazardous materials table of section 172.101 (3) EFFECTIVE DATE.—This subsection shall way, structure, property, or appurtenance of title 49, Code of Federal Regulations; or take effect on the date which is 1 year after used in the operation of, or in support of the ‘‘(4) the offense results in the death of any the date of enactment of this Act. operation of, a railroad carrier, without pre- person; (c) BIOMETRIC STANDARD FOR PASSPORTS viously obtaining the permission of the rail- shall be fined under this title or imprisoned ISSUED BY VISA WAIVER PROGRAM COUN- road carrier, and with intent to, or knowing for any term of years or life, or both. In the TRIES.— or having reason to know such activity case of a violation described in paragraph (2), (1) IN GENERAL.—Section 217 of the Immi- would likely, derail, disable, or wreck rail- the term of imprisonment shall be not less gration and Nationality Act (8 U.S.C. 1187) is road on-track equipment; than 30 years; and, in the case of a violation amended— ‘‘(B) garage, terminal, structure, track, described in paragraph (4), the offender shall (A) in subsection (a)(3)(A), by striking electromagnetic guideway, supply, or facil- be fined under this title and imprisoned for ‘‘satisfies the internationally accepted ity used in the operation of, or in support of life and be subject to the death penalty. standard for machine readability.’’ and in- the operation of, a mass transportation vehi- ‘‘(c) CRIMES AGAINST PUBLIC SAFETY OFFI- serting the following: cle, without previously obtaining the permis- CER.—Whoever commits an offense under ‘‘(i) satisfies the internationally accepted sion of the mass transportation provider, and subsection (a) that results in death or seri- standard for machine readability; and with intent to, or knowing or having reason ous bodily injury to a public safety officer ‘‘(ii) contains fingerprint biometric identi- to know such activity would likely, derail, while the public safety officer was engaged fiers of the alien.’’; and disable, or wreck a mass transportation vehi- in the performance of official duties, or on (B) in subsection (c)(2)(B)(i), by striking cle used, operated, or employed by a mass account of the public safety officer’s per- ‘‘satisfy the internationally accepted stand- transportation provider; or formance of official duties, shall be impris- ard for machine readability.’’ and inserting ‘‘(C) structure, supply, or facility used in oned for a term of not less than 20 years and, the following: the operation of, or in the support of the op- if death results, shall be imprisoned for life ‘‘(i) satisfy the internationally accepted eration of, a passenger vessel, without pre- and be subject to the death penalty. ‘‘(d) CIRCUMSTANCES REQUIRED FOR OF- standard for machine readability; and viously obtaining the permission of the FENSE.—A circumstance referred to in sub- ‘‘(ii) contain fingerprint biometric identi- owner of the passenger vessel, and with in- section (a) is any of the following: fiers of such citizens.’’. tent to, or knowing or having reason to ‘‘(1) Any of the conduct required for the of- (2) EFFECTIVE DATE.—The amendments know that such activity would likely disable fense is, or, in the case of an attempt, threat, made by paragraph (1) shall take effect on or wreck a passenger vessel; or conspiracy to engage in conduct, the con- the date which is 1 year after the date on ‘‘(4) removes an appurtenance from, dam- duct required for the completed offense which the Secretary of State begins to issue ages, or otherwise impairs the operation of a would be, engaged in, on, against, or affect- passports in accordance with subsection railroad signal system or mass transpor- ing a mass transportation provider, owner of (b)(1). tation signal or dispatching system, includ- a passenger vessel, or railroad carrier ening a train control system, centralized dis- gaged in or affecting interstate or foreign SA 3873. Mr. SESSIONS submitted an patching system, or highway-railroad grade commerce. amendment intended to be proposed by crossing warning signal, without authoriza- ‘‘(2) Any person travels or communicates him to the bill S. 2845, to reform the in- tion from the rail carrier or mass transpor- across a State line in order to commit the of- telligence community and the intel- tation provider; fense, or transports materials across a State ligence and intelligence-related activi- ‘‘(5) with intent to endanger the safety of line in aid of the commission of the offense. any passenger or employee of a railroad car- ties of the United States Government, ‘‘(e) NONAPPLICABILITY.—Subsection (a) and for other purposes; which was or- rier, owner of a passenger vessel, or mass does not apply to the conduct with respect to dered to lie on the table; as follows: transportation provider or with a reckless a destructive substance or destructive device At the end of the bill, insert the following: disregard for the safety of human life, inter- that is also classified under chapter 51 of feres with, disables, or incapacitates any dis- SEC. ll. RAILROAD CARRIERS AND MASS title 49 as a hazardous material in commerce TRANSPORTATION PROTECTION ACT patcher, driver, captain, locomotive engi- if the conduct— OF 2004. neer, railroad conductor, or other person ‘‘(1) complies with chapter 51 of title 49 and (a) SHORT TITLE.—This section may be while the person is employed in dispatching, regulations, exemptions, approvals, and or- cited as the ‘‘Railroad Carriers and Mass operating, or maintaining railroad on-track ders issued under that chapter, or Transportation Protection Act of 2004’’. equipment, a passenger vessel, or a mass ‘‘(2) constitutes a violation, other than a (b) IN GENERAL.—Chapter 97 of title 18, transportation vehicle; criminal violation, of chapter 51 of title 49 or United States Code, is amended by striking ‘‘(6) engages in conduct, including the use a regulation or order issued under that chap- sections 1992 through 1993 and inserting the of a dangerous weapon, with the intent to ter. following: cause death or serious bodily injury to any ‘‘(f) DEFINITIONS.—In this section— ‘‘§ 1992. Terrorist attacks and other violence person who is on the property of a railroad ‘‘(1) the term ‘biological agent’ has the against railroad carriers, passenger vessels, carrier, owner of a passenger vessel, or mass meaning given to that term in section 178(1); and against mass transportation systems transportation provider that is used for rail- ‘‘(2) the term ‘dangerous weapon’ means a on land, on water, or through the air road or mass transportation purposes; weapon, device, instrument, material, or ‘‘(a) GENERAL PROHIBITIONS.—Whoever, in a ‘‘(7) conveys false information, knowing substance, animate or inanimate, that is circumstance described in subsection (c), the information to be false, concerning an used for, or is readily capable of, causing knowingly— attempt or alleged attempt that was made, death or serious bodily injury, including a ‘‘(1) wrecks, derails, sets fire to, or disables is being made, or is to be made, to engage in pocket knife with a blade of less than 21⁄2 railroad on-track equipment, a passenger a violation of this subsection; or inches in length and a box cutter; vessel, or a mass transportation vehicle; ‘‘(8) attempts, threatens, or conspires to ‘‘(3) the term ‘destructive device’ has the ‘‘(2) with intent to endanger the safety of engage in any violation of any of paragraphs meaning given to that term in section any passenger or employee of a railroad car- (1) through (7); 921(a)(4); rier, passenger vessel, or mass transpor- shall be fined under this title or imprisoned ‘‘(4) the term ‘destructive substance’ tation provider, or with a reckless disregard not more than 20 years, or both. means an explosive substance, flammable for the safety of human life, and without pre- ‘‘(b) AGGRAVATED OFFENSE.—Whoever com- material, infernal machine, or other chem- viously obtaining the permission of the rail- mits an offense under subsection (a) in a cir- ical, mechanical, or radioactive device or road carrier, mass transportation provider, cumstance in which— material, or matter of a combustible, con- or owner of the passenger vessel— ‘‘(1) the railroad on-track equipment, pas- taminative, corrosive, or explosive nature, ‘‘(A) places any biological agent or toxin, senger vessel, or mass transportation vehicle except that the term ‘radioactive device’ destructive substance, or destructive device was carrying a passenger or employee at the does not include any radioactive device or in, upon, or near railroad on-track equip- time of the offense; material used solely for medical, industrial, ment, a passenger vessel, or a mass transpor- ‘‘(2) the railroad on-track equipment, pas- research, or other peaceful purposes; tation vehicle; or senger vessel, or mass transportation vehicle ‘‘(5) the term ‘hazardous material’ has the ‘‘(B) releases a hazardous material or a bio- was carrying high-level radioactive waste or meaning given to that term in chapter 51 of logical agent or toxin on or near the prop- spent nuclear fuel at the time of the offense; title 49; S10122 CONGRESSIONAL RECORD — SENATE September 30, 2004 ‘‘(6) the term ‘high-level radioactive waste’ ‘‘1992 (relating to terrorist attacks and other (C) the authority of the Secretary of has the meaning given to that term in sec- acts of violence against railroad carriers and Homeland Security under section 102(a) of tion 2(12) of the Nuclear Waste Policy Act of against mass transportation systems on the Homeland Security Act of 2002 (6 U.S.C. 1982 (42 U.S.C. 10101(12)); land, on water, or through the air),’’. 112(a)); ‘‘(7) the term ‘mass transportation’ has the (D) the authority of the Secretary of De- meaning given to that term in section SA 3874. Mr. WARNER submitted an fense under sections 113(b) and 162(b) of title 5302(a)(7) of title 49, except that the term in- amendment intended to be proposed by 10, United States Code; cludes school bus, charter, and sightseeing him to the bill S. 2845, to reform the in- (E) the authority of the Secretary of the transportation; telligence community and the intel- Treasury under section 301(b) of title 31, ‘‘(8) the term ‘on-track equipment’ means ligence and intelligence-related activi- United States Code; a carriage or other contrivance that runs on ties of the United States Government, (F) the authority of the Attorney General rails or electromagnetic guideways; under section 503 of title 28, United States ‘‘(9) the term ‘public safety officer’ has the and for other purposes; which was or- Code; and meaning given such term in section 1204 of dered to lie on the table; as follows: (G) the authority of the heads of executive the Omnibus Crime Control and Safe Streets On page 211, after line 22, add the fol- departments under section 301 of title 5, Act of 1968 (42 U.S.C. 3796b); lowing: United States Code. ‘‘(10) the term ‘railroad on-track equip- SEC. 337. RETENTION OF CURRENT PROGRAMS, On page 213, line 9, strike ‘‘352.’’ and insert ment’ means a train, locomotive, tender, PROJECTS, AND ACTIVITIES WITHIN ‘‘353.’’. motor unit, freight or passenger car, or other JOINT MILITARY INTELLIGENCE PROGRAM AND TACTICAL INTEL- on-track equipment used, operated, or em- Mr. WARNER (for himself, ployed by a railroad carrier; LIGENCE AND RELATED ACTIVITIES SA 3877. ‘‘(11) the term ‘railroad’ has the meaning PROGRAMS PENDING REVIEW. Mr. STEVENS, and Mr. INOUYE) sub- given to that term in chapter 201 of title 49; (a) RETENTION WITHIN CURRENT PRO- mitted an amendment intended to be ‘‘(12) the term ‘railroad carrier’ has the GRAMS.—Notwithstanding any other provi- proposed by him to the bill S. 2845, to meaning given to that term in chapter 201 of sion of law, all programs, projects, and ac- reform the intelligence community and tivities contained within the Joint Military title 49; the intelligence and intelligence-re- ‘‘(13) the term ‘serious bodily injury’ has Intelligence Program and the Tactical Intel- ligence and Related Activities program as of lated activities of the United States the meaning given to that term in section Government, and for other purposes; 1365; the date of the enactment of this Act shall ‘‘(14) the term ‘spent nuclear fuel’ has the remain within such programs until a thor- which was ordered to lie on the table; meaning given to that term in section 2(23) ough review of such programs is completed. as follows: (b) REMOVAL FROM CURRENT PROGRAMS.—A of the Nuclear Waste Policy Act of 1982 (42 On page 40, strike line 18 and all that fol- program, project, or activity referred to in U.S.C. 10101(23)); lows through page 41, line 4, and insert the subsection (a) may be removed from the ‘‘(15) the term ‘State’ has the meaning following: Joint Military Intelligence Program or the given to that term in section 2266; (b) CONCURRENCE OF NID IN CERTAIN AP- ‘‘(16) the term ‘toxin’ has the meaning Tactical Intelligence and Related Activities programs only if agreed to by the National POINTMENTS RECOMMENDED BY SECRETARY OF given to that term in section 178(2); DEFENSE.—(1) In the event of a vacancy in a ‘‘(17) the term ‘vehicle’ means any carriage Intelligence Director and the Secretary of Defense. position referred to in paragraph (2), the Sec- or other contrivance used, or capable of retary of Defense shall obtain the concur- being used, as a means of transportation on rence of the National Intelligence Director land, on water, or through the air; and SA 3875. Mr. WARNER submitted an amendment intended to be proposed by before recommending to the President an in- ‘‘(18) the term ‘passenger vessel’ has the dividual for nomination to fill such vacancy. meaning given that term in section 2101(22) him to the bill S. 2845, to reform the in- If the Director does not concur in the rec- of title 46, United States Code, and includes telligence community and the intel- ommendation, the Secretary may make the a small passenger vessel, as that term is de- ligence and intelligence-related activi- recommendation to the President without fined under section 2101(35) of that title.’’. ties of the United States Government, the concurrence of the Director, but shall in- (c) CONFORMING AMENDMENTS.— and for other purposes; which was or- clude in the recommendation a statement (1) TABLE OF SECTIONS.—The table of sec- dered to lie on the table; as follows: that the Director does not concur in the rec- tions at the beginning of chapter 97 of title ommendation. 18, United States Code, is amended— On page 6, strike line 24 and all that fol- On page 41, line 12, strike ‘‘CONCURRENCE (A) by striking ‘‘RAILROADS’’ in the chap- lows through page 7, line 2, and insert the OF’’ and insert ‘‘CONSULTATION WITH’’. ter heading and inserting ‘‘RAILROAD CAR- following: On page 41, beginning on line 15, strike RIERS AND MASS TRANSPORTATION SYS- (ii) includes all programs, projects, and ac- ‘‘obtain the concurrence of’’ and insert ‘‘con- TEMS ON LAND, ON WATER, OR THROUGH tivities of the National Foreign Intelligence sult with’’. THE AIR’’; Program as of the date of the enactment of (B) by striking the items relating to sec- this Act, including the Central Intelligence tions 1992 and 1993; and Agency, the SA 3878. Mr. WARNER (for himself, (C) by inserting after the item relating to Mr. STEVENS, and Mr. INOUYE) subsection 1991 the following: SA 3876. Mr. WARNER (for himself, mitted an amendment intended to be Mr. STEVENS, and Mr. INOUYE) sub- ‘‘1992. Terrorist attacks and other violence proposed by him to the bill S. 2845, to against railroad carriers and mitted an amendment intended to be reform the intelligence community and against mass transportation proposed by him to the bill S. 2845, to the intelligence and intelligence-re- systems on land, on water, or reform the intelligence community and lated activities of the United States through the air.’’. the intelligence and intelligence-re- Government, and for other purposes; (2) TABLE OF CHAPTERS.—The table of chap- lated activities of the United States which was ordered to lie on the table; ters at the beginning of part I of title 18, Government, and for other purposes; as follows: United States Code, is amended by striking which was ordered to lie on the table; On page 7, line 21, insert after ‘‘Program’’ the item relating to chapter 97 and inserting as follows: the following: the following: ‘‘(other than the Directorate On page 213, insert after line 8, the fol- for Intelligence (J2) of the Joint Staff)’’. ‘‘97. Railroad carriers and mass trans- lowing: portation systems on land, on SEC. 352. PRESERVATION OF AUTHORITY AND AC- SA 3879. Mr. WARNER (for himself, water, or through the air ...... 1991’’. COUNTABILITY. TEVENS NOUYE (3) CONFORMING AMENDMENTS.—Title 18, Nothing in this Act, or the amendments Mr. S , and Mr. I ) sub- United States Code, is amended— made by this Act, shall be construed to im- mitted an amendment intended to be (A) in section 2332b(g)(5)(B)(i), by striking pair and otherwise affect the authority of— proposed by him to the bill S. 2845, to ‘‘1992 (relating to wrecking trains), 1993 (re- (1) the Director of the Office of Manage- reform the intelligence community and lating to terrorist attacks and other acts of ment and Budget; or the intelligence and intelligence-re- violence against mass transportation sys- (2) the principal officers of the executive lated activities of the United States tems),’’ and inserting ‘‘1992 (relating to ter- departments as heads of their respective de- Government, and for other purposes; rorist attacks and other acts of violence partments, including, but not limited to— which was ordered to lie on the table; against railroad carriers and against mass (A) the authority of the Secretary of State transportation systems on land, on water, or under section 199 of the Revised Statutes (22 as follows: through the air),’’; U.S.C. 2651) and the State Department Basic On page 8, between lines 6 and 7, insert the (B) in section 2339A, by striking ‘‘1993,’’; Authorities Act; following: and (B) the authority of the Secretary of En- (8) The term ‘‘personal’’, except as oth- (C) in section 2516(1)(c) by striking ‘‘1992 ergy under title II of the Department of En- erwise expressly provided, means civilian (relating to wrecking trains),’’ and inserting ergy Organization Act (42 U.S.C. 7131); personnel of the United States Government. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10123 SA 3880. Mr. WARNER (for himself, ‘‘(3) NOTICE.—Notice of release otherwise SEC. ll03. INCREASED RESOURCES FOR EN- FORCEMENT OF CRIME VICTIMS’ Mr. STEVENS, and Mr. INOUYE) sub- required pursuant to this chapter shall not RIGHTS. mitted an amendment intended to be be given if such notice may endanger the safety of any person. (a) CRIME VICTIMS LEGAL ASSISTANCE proposed by him to the bill S. 2845, to GRANTS.—The Victims of Crime Act of 1984 reform the intelligence community and ‘‘(d) ENFORCEMENT AND LIMITATIONS.— (42 U.S.C. 10601 et seq.) is amended by insert- ‘‘(1) RIGHTS.—The crime victim, the crime ing after section 1404C the following: the intelligence and intelligence-re- victim’s lawful representative, and the attor- ‘‘SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE lated activities of the United States ney for the Government may assert the Government, and for other purposes; GRANTS. rights established in this chapter. A person ‘‘(a) IN GENERAL.—The Director may make which was ordered to lie on the table; accused of the crime may not obtain any grants as provided in section 1404(c)(1)(A) to as follows: form of relief under this chapter. State, tribal, and local prosecutors’ offices, On page 15, line 5, strike ‘‘consultation’’ ‘‘(2) MULTIPLE CRIME VICTIMS.—In a case law enforcement agencies, courts, jails, and and insert ‘‘coordination’’. where the court finds that the number of correctional institutions, and to qualified crime victims makes it impracticable to ac- public and private entities, to develop, estab- SA 3881. Mr. KYL submitted an cord all of the crime victims the rights con- lish, and maintain programs for the enforce- amendment intended to be proposed by tained in this chapter, the court shall fash- ment of crime victims’ rights as provided in him to the bill S. 2845, to reform the in- ion a procedure to give effect to this chapter. law. telligence community and the intel- ‘‘(3) WRIT OF MANDAMUS.—If a Federal ‘‘(b) FALSE CLAIMS ACT.—Notwithstanding court denies any right of a crime victim any other provision of law, amounts col- ligence and intelligence-related activi- under this chapter or under the Federal lected pursuant to sections 3729 through 3731 ties of the United States Government, Rules of Criminal Procedure, the Govern- of title 31, United States Code (commonly and for other purposes; which was or- ment or the crime victim may apply for a known as the ‘False Claims Act’), may be dered to lie on the table; as follows: writ of mandamus to the appropriate court used for grants under this section, subject to At the end of the bill, insert the following: of appeals. The court of appeals shall take up appropriation.’’. and decide such application forthwith and (b) AUTHORIZATION OF APPROPRIATIONS.—In TITLE ll—SCOTT CAMPBELL, STEPH- addition to funds made available under sec- ANIE ROPER, WENDY PRESTON, LOARNA shall order such relief as may be necessary to protect the crime victim’s ability to exer- tion 1402(d) of the Victims of Crime Act of GILLIS, AND NILA LYNNE CRIME VIC- 1984, there are authorized to be appropriated TIMS’ RIGHTS ACT cise the rights. ‘‘(4) ERROR.—In any appeal in a criminal to carry out this Act— SEC. ll01. SHORT TITLE. case, the Government may assert as error (1) $2,000,000 for fiscal year 2005 and This title may be cited as the ‘‘Scott the district court’s denial of any crime vic- $5,000,000 for each of fiscal years 2006, 2007, Campbell, Stephanie Roper, Wendy Preston, tim’s right in the proceeding to which the 2008, and 2009 to United States Attorneys Of- Louarna Gillis, and Nila Lynn Crime Vic- appeal relates. fices for Victim/Witnesses Assistance Pro- tims’ Rights Act’’. ‘‘(5) NEW TRIAL.—In no case shall a failure grams; SEC. ll02. CRIME VICTIMS’ RIGHTS. to afford a right under this chapter provide (2) $2,000,000 for fiscal year 2005 and (a) AMENDMENT TO TITLE 18.—Part II of grounds for a new trial. $5,000,000 in each of the fiscal years 2006, 2007, title 18, United States Code, is amended by ‘‘(6) NO CAUSE OF ACTION.—Nothing in this 2008, and 2009, to the Office for Victims of adding at the end the following: chapter shall be construed to authorize a Crime of the Department of Justice for en- ‘‘CHAPTER 237—CRIME VICTIMS’ RIGHTS cause of action for damages. hancement of the Victim Notification Sys- tem; ‘‘Sec. ‘‘(e) CRIME VICTIM.—In this chapter, the (3) $300,000 in fiscal year 2005 and $500,000 ‘‘3771. Crime victims’ rights. term ‘crime victim’ means a person directly for each of the fiscal years 2006, 2007, 2008, ‘‘§ 3771. Crime victims’ rights and proximately harmed as a result of the and 2009, to the Office for Victims of Crime ‘‘(a) RIGHTS OF CRIME VICTIMS.—A crime commission of an offense listed in of the Department of Justice for staff to ad- victim has the following rights: 2332b(g)(5)(B) of this title. minister the appropriation for the support of ‘‘(1) The right to be reasonably protected ‘‘(f) PROCEDURES TO PROMOTE COMPLI- the National Crime Victim Law Institute or from the accused. ANCE.— other organizations as designated under ‘‘(2) The right to reasonable, accurate, and ‘‘(1) REGULATIONS.—Not later than 1 year paragraph (4); timely notice of any public proceeding in- after the date of enactment of this chapter, (4) $7,000,000 for fiscal year 2005 and volving the crime or of any release or escape the Attorney General of the United States $11,000,000 for each of the fiscal years 2006, of the accused. shall promulgate regulations to enforce the 2007, 2008, and 2009, to the Office for Victims ‘‘(3) The right not to be excluded from any rights of crime victims and to ensure compli- of Crime of the Department of Justice, for such public proceeding. ance by responsible officials with the obliga- the support of— ‘‘(4) The right to be reasonably heard at tions described in law respecting crime vic- (A) the National Crime Victim Law Insti- any public proceeding involving release, tims. tute and the establishment and operation of plea, or sentencing. ‘‘(2) CONTENTS.—The regulations promul- the Institute’s programs to provide counsel ‘‘(5) The right to confer with the attorney gated under paragraph (1) shall— for victims in criminal cases for the enforce- for the Government in the case. ‘‘(A) establish an administrative authority ment of crime victims’ rights in Federal ju- ‘‘(6) The right to full and timely restitu- within the Department of Justice to receive risdictions, and in States and tribal govern- tion as provided in law. and investigate complaints relating to the ments that have laws substantially equiva- ‘‘(7) The right to proceedings free from un- provision or violation of the rights of a lent to the provisions of chapter 237 of title reasonable delay. crime victim; 18, United States Code; or ‘‘(8) The right to be treated with fairness ‘‘(B) require a course of training for em- (B) other organizations substantially simi- and with respect for the victim’s dignity and ployees and offices of the Department of Jus- lar to that organization as determined by privacy. tice that fail to comply with provisions of the Director of the Office for Victims of ‘‘(b) RIGHTS AFFORDED.—In any court pro- Federal law pertaining to the treatment of Crime. ceeding involving an offense against a crime crime victims, and otherwise assist such em- (c) INCREASED RESOURCES TO DEVELOP victim, the court shall ensure that the crime ployees and offices in responding more effec- STATE-OF-THE-ART SYSTEMS FOR NOTIFYING victim is afforded the rights described in tively to the needs of crime victims; CRIME VICTIMS OF IMPORTANT DATES AND DE- subsection (a). The reasons for any decision ‘‘(C) contain disciplinary sanctions, includ- VELOPMENTS.—The Victims of Crime Act of denying relief under this chapter shall be ing suspension or termination from employ- 1984 (42 U.S.C. 10601 et seq.) is amended by in- clearly stated on the record. ment, for employees of the Department of serting after section 1404D the following: ‘‘(c) BEST EFFORTS TO ACCORD RIGHTS.— Justice who willfully or wantonly fail to ‘‘SEC. 1404E. CRIME VICTIMS NOTIFICATION ‘‘(1) GOVERNMENT.—Officers and employees comply with provisions of Federal law per- GRANTS. of the Department of Justice and other de- taining to the treatment of crime victims; ‘‘(a) IN GENERAL.—The Director may make partments and agencies of the United States and grants as provided in section 1404(c)(1)(A) to engaged in the detection, investigation, or ‘‘(D) provide that the Attorney General, or State, tribal, and local prosecutors’ offices, prosecution of crime shall make their best the designee of the Attorney General, shall law enforcement agencies, courts, jails, and efforts to see that crime victims are notified be the final arbiter of the complaint, and correctional institutions, and to qualified of, and accorded, the rights described in sub- that there shall be no judicial review of the public or private entities, to develop and im- section (a). final decision of the Attorney General by a plement state-of-the-art systems for noti- ‘‘(2) CONFLICT.—In the event of any mate- complainant.’’. fying victims of crime of important dates rial conflict of interest between the pros- and developments relating to the criminal (b) TABLE OF CHAPTERS.—The table of ecutor and the crime victim, the prosecutor proceedings at issue in a timely and efficient chapters for part II of title 18, United States shall advise the crime victim of the conflict manner, provided that the jurisdiction has Code, is amended by inserting at the end the and take reasonable steps to direct the crime laws substantially equivalent to the provi- following: victim to the appropriate legal referral, legal sions of chapter 237 of title 18, United States assistance, or legal aid agency. ‘‘237. Crime victims’ rights ...... 3771’’. Code. S10124 CONGRESSIONAL RECORD — SENATE September 30, 2004

‘‘(b) INTEGRATION OF SYSTEMS.—Systems (B) to prevent and detect fraud and abuse ‘‘SPECIAL PROVISIONS CONCERNING THE developed and implemented under this sec- in such programs, operations, and relation- NATIONAL INTELLIGENCE AUTHORITY tion may be integrated with existing case ships; ‘‘SEC. 8J. (a) Notwithstanding the last 2 management systems operated by the recipi- (3) provide a means for keeping the Na- sentences of section 3(a), the Inspector Gen- ent of the grant. tional Intelligence Director fully and cur- eral of the National Intelligence Authority ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— rently informed about— shall be under the authority, direction, and In addition to funds made available under (A) problems and deficiencies relating to control of the National Intelligence Director section 1402(d), there are authorized to be ap- the administration of such programs and op- with respect to audits or investigations, or propriated to carry out this section— erations, and to such relationships; and the issuance of subpoenas, which require ac- ‘‘(1) $5,000,000 for fiscal year 2005; and (B) the necessity for, and the progress of, cess to information concerning intelligence ‘‘(2) $5,000,000 for each of the fiscal years corrective actions; and or counterintelligence matters the disclo- 2006, 2007, 2008, and 2009. (4) in the manner prescribed by this sec- sure of which would constitute a serious ‘‘(d) FALSE CLAIMS ACT.—Notwithstanding tion, ensure that the congressional intel- threat to national security. With respect to any other provision of law, amounts col- ligence committees are kept similarly in- such information, the Director may prohibit lected pursuant to sections 3729 through 3731 formed of— the Inspector General from initiating, car- of title 31, United States Code (commonly (A) significant problems and deficiencies rying out, or completing any investigation, known as the ‘False Claims Act’), may be relating to the administration of such pro- inspection, or audit if the Director deter- used for grants under this section, subject to grams and operations, and to such relation- appropriation.’’. mines that such prohibition is necessary to ships; and preserve the vital national security interests SEC. ll04. REPORTS. (B) the necessity for, and the progress of, of the United States. (a) ADMINISTRATIVE OFFICE OF THE UNITED corrective actions. ‘‘(b) If the National Intelligence Director STATES COURTS.—Not later than 1 year after exercises the authority under subsection (a), the date of enactment of this Act and annu- (c) INSPECTOR GENERAL OF NATIONAL INTEL- the Director shall submit to the congres- ally thereafter, the Administrative Office of LIGENCE AUTHORITY.—(1) There is an Inspec- sional intelligence committees an appro- the United States Courts, for each Federal tor General of the National Intelligence Au- priately classified statement of the reasons court, shall report to Congress the number of thority, who shall be the head of the Office for the exercise of such authority within times that a right established in chapter 237 of the Inspector General of the National In- seven days. of title 18, United States Code, is asserted in telligence Authority, who shall be appointed ‘‘(c) The National Intelligence Director a criminal case and the relief requested is by the President, by and with the advice and shall advise the Inspector General of the Na- denied and, with respect to each such denial, consent of the Senate. tional Intelligence Authority at the time a the reason for such denial, as well as the (2) Any individual nominated for appoint- report under subsection (a) is submitted, number of times a mandamus action is ment as Inspector General of the National and, to the extent consistent with the pro- brought pursuant to chapter 237 of title 18, Intelligence Authority shall have significant tection of intelligence sources and methods, and the result reached. prior experience in the fields of intelligence provide the Inspector General with a copy of (b) GENERAL ACCOUNTING OFFICE.— and national security. such report. (1) STUDY.—The Comptroller General shall (d) DUTIES AND RESPONSIBILITIES.—(1) The ‘‘(d) The Inspector General of the National conduct a study that evaluates the effect and Inspector General of the National Intel- Intelligence Authority may submit to the efficacy of the implementation of the amend- ligence Authority shall have the duties and congressional intelligence committees any ments made by this Act on the treatment of responsibilities set forth in applicable provi- comments on a report of which the Inspector crime victims in the Federal system. sions of the Inspector General Act of 1978 (5 General has notice under subsection (c) that (2) REPORT.—Not later than 3 years after U.S.C. App.). the Inspector General considers appropriate. the date of enactment of this Act, the Comp- (2) In addition to the duties and respon- ‘‘(e) In this section, the term ‘congres- troller General shall prepare and submit to sibilities provided for in paragraph (1), the sional intelligence committees’ means— the appropriate committees a report con- Inspector General shall— ‘‘(1) the Select Committee on Intelligence taining the results of the study conducted (1) provide policy direction for, and plan, of the Senate; and under paragraph (1). conduct, supervise, and coordinate independ- ‘‘(2) the Permanent Select Committee on SA 3882. Mr. STEVENS submitted an ently, the investigations, inspections, and Intelligence of the House of Representa- amendment intended to be proposed by audits relating to the programs and oper- tives.’’. ations of the National Intelligence Author- (2) Section 8H(a)(1)(A) of that Act is him to the bill S. 2845, to reform the in- ity, the relationships among the elements of amended by inserting ‘‘National Intelligence telligence community and the intel- the intelligence community within the Na- Authority,’’ before ‘‘Defense Intelligence ligence and intelligence-related activi- tional Intelligence Program, and the rela- Agency’’. ties of the United States Government, tionships between the elements of the intel- (3) Section 11 of that Act is amended— and for other purposes; which was or- ligence community within the National In- (1) in paragraph (1), by inserting ‘‘the Na- dered to lie on the table; as follows: telligence Program and the other elements tional Intelligence Director;’’ after ‘‘the Of- fice of Personnel Management;’’; and On page 60, strike line 5 and all that fol- of the intelligence community to ensure (2) in paragraph (2), by inserting ‘‘the Na- lows through page 77, line 18, and insert the they are conducted efficiently and in accord- tional Intelligence Authority,’’ after ‘‘the following: ance with applicable law and regulations; (2) keep the National Intelligence Director Office of Personnel Management,’’. SEC. 141. INSPECTOR GENERAL OF THE NA- fully and currently informed concerning vio- TIONAL INTELLIGENCE AUTHORITY. SA 3883. Mr. SESSIONS submitted an (a) OFFICE OF INSPECTOR GENERAL OF NA- lations of law and regulations, violations of TIONAL INTELLIGENCE AUTHORITY.—There is civil liberties and privacy, and fraud and amendment intended to be proposed to within the National Intelligence Authority other serious problems, abuses, and defi- amendment SA 3705 by Ms. COLLINS (for an Office of the Inspector General of the Na- ciencies that may occur in such programs herself, Mr. CARPER, and Mr. tional Intelligence Authority. and operations, and in such relationships, LIEBERMAN) to the bill S. 2845, to re- (b) PURPOSE.—The purpose of the Office of and to report the progress made in imple- form the intelligence community and the Inspector General of the National Intel- menting corrective action; (3) take due regard for the protection of in- the intelligence and intelligence-re- ligence Authority is to— lated activities of the United States (1) create an objective and effective office, telligence sources and methods in the prepa- appropriately accountable to Congress, to ration of all reports issued by the Inspector Government, and for other purposes; initiate and conduct independently inves- General, and, to the extent consistent with which was ordered to lie on the table; tigations, inspections, and audits relating the purpose and objective of such reports, as follows: to— take such measures as may be appropriate to On page 10, strike line 20 and all that fol- (A) the programs and operations of the Na- minimize the disclosure of intelligence lows through page 11, line 7, and insert the tional Intelligence Authority; sources and methods described in such re- following: (B) the relationships among the elements ports; and ‘‘(d) TRAINING AND EXERCISES OFFICE WITH- of the intelligence community within the (4) in the execution of the duties and re- IN THE OFFICE OF STATE AND LOCAL GOVERN- National Intelligence Program; and sponsibilities under this section, comply MENT COORDINATION AND PREPAREDNESS.— (C) the relationships between the elements with generally accepted government audit- ‘‘(1) IN GENERAL.—The Secretary shall cre- of the intelligence community within the ing standards. ate within the Office for State and Local National Intelligence Program and the other (e) AMENDMENTS TO INSPECTOR GENERAL Government Coordination and Preparedness elements of the intelligence community; ACT OF 1978.—(1) The Inspector General Act an internal office that shall be the proponent (2) recommend policies designed— of 1978 (5 U.S.C. App.) is amended— for all national domestic preparedness, (A) to promote economy, efficiency, and ef- (A) by redesignating section 8J as section training, education, and exercises within the fectiveness in the administration of such 8K; and Office for Domestic Preparedness. programs and operations, and in such rela- (B) by inserting after section 8I the fol- ‘‘(2) OFFICE HEAD.—The Secretary shall se- tionships; and lowing new section: lect an individual with recognized expertise September 30, 2004 CONGRESSIONAL RECORD — SENATE S10125 in first-responder training and exercises to States to furnish the Broadcasting Board of SEC. ll. TERRORIST SCREENING CENTER. head the office, and such person shall report Governors with such assistance as may be (a) CRITERIA FOR WATCHLIST.—The Sec- directly to the Director of the Office for necessary to provide international broad- retary of Homeland Security, in consultation State and Local Government Coordination casting activities of the United States with a with the Director of the Federal Bureau of and Preparedness.’’. surge capacity to support United States for- Investigation, shall define and report to Con- eign policy objectives during a crisis abroad. gress the criteria for placing individuals on SA 3884. Mr. SESSIONS submitted an ‘‘(2) SUPERSEDES EXISTING LAW.—The au- the Terrorist Screening Center consolidated amendment intended to be proposed to thority of paragraph (1) supersedes any other screening watch list, including reliability amendment SA 3705 proposed by Ms. provision of law. thresholds, minimum standards for identi- COLLINS (for herself, Mr. CARPER, and ‘‘(3) SURGE CAPACITY DEFINED.—In this sub- fying information, specific designations of section, the term ‘surge capacity’ means the the certainty and level of threat the indi- Mr. LIEBERMAN) to the bill S. 2845, to financial and technical resources necessary vidual poses, and specific instructions about reform the intelligence community and to carry out broadcasting activities in a geo- the consequences that apply to the indi- the intelligence and intelligence-re- graphical area during a crisis. vidual if located. To the greatest extent con- lated activities of the United States ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— sistent with the protection of classified in- Government, and for other purposes; ‘‘(1) IN GENERAL.—Effective October 1, 2004, formation and applicable law, the report which was ordered to lie on the table; there are authorized to be appropriated to shall be in unclassified form and available to as follows: the President such amounts as may be nec- the public, with a classified annex where necessary for the President to carry out this On page 10, line 17, strike the semicolon essary. section, except that no such amount may be and all that follows through page 11, line 7, (b) SAFEGUARDS AGAINST ERRONEOUS LIST- appropriated which, when added to amounts and insert a period. INGS.—The Secretary of Homeland Security, previously appropriated for such purpose but in consultation with the Director of the Fed- SA 3885. Mr. BIDEN submitted an not yet obligated, would cause such amounts eral Bureau of Investigation, shall establish to exceed $25,000,000. amendment intended to be proposed by a process for individuals to challenge ‘‘Auto- ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap- matic Selectee’’ or ‘‘No Fly’’ designations on him to the bill S. 2845, to reform the in- propriated pursuant to the authorization of the consolidated screening watch list and telligence community and the intel- appropriations in this subsection are author- have their names removed from such lists, if ligence and intelligence-related activi- ized to remain available until expended. erroneously present. ties of the United States Government, ‘‘(3) DESIGNATION OF APPROPRIATIONS.— (c) REPORT.—Not later than 180 days after and for other purposes; which was or- Amounts appropriated pursuant to the au- the date of enactment of this Act, the Pri- dered to lie on the table; as follows: thorization of appropriations in this sub- vacy and Civil Liberties Oversight Board section may be referred to as the ‘United shall submit a report assessing the impact of At the end, insert the following new title: States International Broadcasting Surge Ca- the ‘‘No Fly’’ and ‘‘Automatic Selectee’’ lists TITLE IV—INTERNATIONAL pacity Fund’.’’. on privacy and civil liberties to the Com- BROADCASTING ACTIVITIES SEC. 404. REPORT. mittee on the Judiciary, the Committee on SEC. 401. SHORT TITLE. In each annual report submitted under sec- Governmental Affairs, and the Committee on This title may be cited as the ‘‘Initiative tion 305(a)(9) of the United States Inter- Commerce, Science, and Transportation of 911 Act’’. national Broadcasting Act of 1994 (22 U.S.C. the Senate, and the Committee on the Judi- SEC. 402. FINDINGS. 6204(a)(9)) after the date of enactment of this ciary, the Committee on Government Re- Congress makes the following findings: title, the Broadcasting Board of Governors form, and the Committee on Transportation (1) Open communication of information shall give special attention to reporting on and Infrastructure of the House of Rep- and ideas among peoples of the world con- the activities carried out under this title. resentatives. The report shall include any tributes to international peace and stability, SEC. 405. AUTHORIZATION OF APPROPRIATIONS. recommendations for practices, procedures, and that the promotion of such communica- (a) IN GENERAL.—In addition to amounts regulations, or legislation to eliminate or tion is important to the national security of otherwise available for such purposes, the minimize adverse effects of such lists on pri- the United States. following amounts are authorized to be ap- vacy, discrimination, due process and other (2) The United States needs to improve its propriated to carry out United States Gov- civil liberties, as well as the implications of communication of information and ideas to ernment broadcasting activities under the applying those lists to other modes of trans- people in foreign countries, particularly in United States Information and Educational portation. The Comptroller General of the countries with significant Muslim popu- Exchange Act of 1948 (22 U.S.C. 1431 et seq.), United States shall cooperate with the Pri- lations. the United States International Broad- vacy and Civil Liberties Board in the prepa- (3) A significant expansion of United casting Act of 1994 (22 U.S.C. 6201 et seq.), the ration of the report. To the greatest extent States international broadcasting would pro- Foreign Affairs Reform and Restructuring consistent with the protection of classified vide a cost-effective means of improving Act of 1998 (as enacted in division of G of the information and applicable law, the report communication with countries with signifi- Omnibus Consolidated and Emergency Sup- shall be in unclassified form and available to cant Muslim populations by providing news, plemental Appropriations Act, 1999; Public the public, with a classified annex where nec- information, and analysis, as well as cultural Law 107–277), and this title, and to carry out essary. programming, through both radio and tele- other authorities in law consistent with such (d) EFFECTIVE DATE.—Notwithstanding sec- vision broadcasts. purposes: tion 341 or any other provision of this Act, (4) The report of the National Commission (1) INTERNATIONAL BROADCASTING OPER- this section shall become effective on the on Terrorist Attacks Upon the United States ATIONS.—For ‘‘International Broadcasting date of enactment of this Act. stated that, ‘‘Recognizing that Arab and Operations’’, $497,000,000 for the fiscal year Muslim audiences rely on satellite television 2005. SA 3887. Mr. SCHUMER submitted an and radio, the government has begun some (2) BROADCASTING CAPITAL IMPROVEMENTS.— amendment intended to be proposed by promising initiatives in television and radio For ‘‘Broadcasting Capital Improvements’’, him to the bil1 S. 2845, to reform the broadcasting to the Arab world, Iran, and Af- $70,000,000 for the fiscal year 2005. intelligence community and the intel- ghanistan. These efforts are beginning to (b) AVAILABILITY OF FUNDS.—Amounts ap- ligence and intelligence-related activi- reach large audiences. The Broadcasting propriated pursuant to the authorization of ties of the United States Government, Board of Governors has asked for much larg- appropriations in this section are authorized er resources. It should get them.’’. to remain available until expended. and for other purposes; as follows: SEC. 403. SPECIAL AUTHORITY FOR SURGE CA- SEC. 406. EFFECTIVE DATE. At the appropriate place, insert the fol- PACITY. Notwithstanding section 341 or any other lowing: The United States International Broad- provision of this Act, this title shall become SEC. ll. AMENDMENTS TO FISA. casting Act of 1994 (22 U.S.C. 6201 et seq.) is effective on the date of enactment of this (a) TREATMENT OF NON-UNITED STATES PER- amended by adding at the end the following Act. SONS WHO ENGAGE IN INTERNATIONAL TER- new section: RORISM WITHOUT AFFILIATION WITH INTER- ‘‘SEC. 316. SPECIAL AUTHORITY FOR SURGE CA- SA 3886. Mr. FEINGOLD submitted NATIONAL TERRORIST GROUPS.— PACITY. an amendment intended to be proposed (1) IN GENERAL.—Section 101(b)(1) of the ‘‘(a) EMERGENCY AUTHORITY.— by him to the bill S. 2845, to reform the Foreign Intelligence Surveillance Act of 1978 ‘‘(1) IN GENERAL.—Whenever the President intelligence community and the intel- (50 U.S.C. 1801(b)(1)) is amended by adding at determines it to be important to the na- ligence and intelligence-related activi- the end the following new subparagraph: tional interests of the United States and so ‘‘(C) engages in international terrorism or certifies to the appropriate congressional ties of the United States Government, activities in preparation therefor; or’’. committees, the President, on such terms and for other purposes; which was or- (2) SUNSET.—The amendment made by and conditions as the President may deter- dered to lie on the table; as follows: paragraph (1) shall expire on the date that is mine, is authorized to direct any depart- At the appropriate place, insert the fol- 5 years after the date of enactment of this ment, agency, or other entity of the United lowing: section. S10126 CONGRESSIONAL RECORD — SENATE September 30, 2004 (b) ADDITIONAL ANNUAL REPORTING RE- ligence and intelligence-related activi- Police Department, and other appropriate QUIREMENTS UNDER THE FOREIGN INTEL- ties of the United States Government, Federal, State, regional, and local law en- LIGENCE SURVEILLANCE ACT OF 1978.— and for other purposes; as follows: forcement personnel in the metropolitan (1) ADDITIONAL REPORTING REQUIREMENTS.— Washington, D.C. area; At the appropriate place, insert the fol- The Foreign Intelligence Surveillance Act of ‘‘(E) identify the means of communication lowing: 1978 (50 U.S.C. 1801 et seq.) is amended— that work best in Washington, D.C.’s office (A) by redesignating— SEC. ll. U.S. HOMELAND SECURITY SIGNAL buildings, tunnels, and subway system to (i) title VI as title VII; and CORPS. maintain communications redundancy; and (ii) section 601 as section 701; and (a) SHORT TITLE.—This section may be ‘‘(F) serve as models for other major met- (B) by inserting after title V the following cited as the ‘‘U.S. Homeland Security Signal ropolitan areas across the Nation. Act of 2004’’. new title VI: ‘‘(3) TEAM CAPTAINS.—The mayor of New (b) HOMELAND SECURITY SIGNAL CORPS.— ‘‘TITLE VI—REPORTING REQUIREMENT York City and the District of Columbia shall (1) IN GENERAL.—Title V of the Homeland appoint team captains to command commu- ‘‘ANNUAL REPORT OF THE ATTORNEY GENERAL Security Act of 2002 (6 U.S.C. 311 et seq.) is nications companies drawn from the per- amended by adding at the end the following: ‘‘SEC. 601. (a) In addition to the reports re- sonnel described in paragraph (1). quired by sections 107, 108, 306, 406, and 502 in ‘‘SEC. 510. HOMELAND SECURITY SIGNAL CORPS. ‘‘(4) TECHNICAL ASSISTANCE.—The Signal April each year, the Attorney General shall ‘‘(a) ESTABLISHMENT.—There is established, Corps Headquarters, located in Fort Mon- submit to the appropriate committees of within the Directorate of Emergency Pre- mouth, New Jersey, shall provide technical Congress each year a report setting forth paredness and Response, a Homeland Secu- assistance to the New York City Demonstra- with respect to the one-year period ending rity Signal Corps (referred to in this section tion Signal Corps. as the ‘Signal Corps’). on the date of such report— ‘‘(f) REPORTING REQUIREMENT.—Not later ‘‘(b) PERSONNEL.—The Signal Corps shall ‘‘(1) the aggregate number of non-United than 1 year after the date of enactment of States persons targeted for orders issued be comprised of specially trained police officers, firefighters, emergency medical techni- this section, and annually thereafter, the under this Act, including a break-down of Secretary shall submit a report, to the Com- those targeted for— cians, and other emergency personnel. ‘‘(c) RESPONSIBILITIES.—The Signal Corps mittee on the Judiciary and the Select Com- ‘‘(A) electronic surveillance under section mittee on Intelligence of the Senate and the 105; shall— ‘‘(1) ensure that first responders can com- Committee on the Judiciary and the Perma- ‘‘(B) physical searches under section 304; nent Select Committee on Intelligence of the ‘‘(C) pen registers under section 402; and municate with one another, mobile com- House of Representatives, which outlines the ‘‘(D) access to records under section 501; mand centers, headquarters, and the public progress of the Signal Corps in the preceding ‘‘(2) the number of individuals covered by at disaster sites or in the event of a terrorist year and describes any problems, issues, or an order issued under this Act who were de- attack or a national crisis; other impediments to effective communica- termined pursuant to activities authorized ‘‘(2) provide sufficient training and equip- tion between first responders in the event of by this Act to have acted wholly alone in the ment for fire, police, and medical units to a terrorist attack or a national crisis. activities covered by such order; enable those units to deal with all threats ‘‘(3) the number of times that the Attorney and contingencies in any environment; and ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— General has authorized that information ob- ‘‘(3) secure joint-use equipment, such as ‘‘(1) DEMONSTRATION SIGNAL CORPS.—There telecommunications trucks, that can access tained under this Act may be used in a are authorized to be appropriated $50,000,000 surviving telephone land lines to supplement criminal proceeding or any information de- for fiscal year 2005 to carry out subsection communications access. rived therefrom may be used in a criminal (e). ‘‘(d) NATIONAL SIGNAL CORPS STANDARDS.— proceeding; and ‘‘(2) FISCAL YEARS 2006 THROUGH 2009.—There The Signal Corps shall establish a set of ‘‘(4) in a manner consistent with the pro- are authorized to be appropriated $100,000,000 standard operating procedures, to be fol- tection of the national security of the United for each of the fiscal years 2006 through lowed by signal corps throughout the United States— 2008— States, that will ensure that first responders ‘‘(A) the portions of the documents and ap- ‘‘(A) to create signal corps in high ter- from each Federal, State, and local agency plications filed with the courts established rorism threat areas throughout the United have the methods and means to commu- under section 103 that include significant States; and nicate with, or substitute for, first respond- ‘‘(B) to carry out the mission of the Signal construction or interpretation of the provi- ers from other agencies in the event of a sions of this Act, not including the facts of Corps to assist Federal, State, and local law multi-state terrorist attack or a national enforcement agencies to effectively commu- any particular matter, which may be re- crisis. dacted; nicate with each other during a terrorism ‘‘(e) DEMONSTRATION SIGNAL CORPS.— ‘‘(B) the portions of the opinions and or- event or a national crisis.’’. ‘‘(1) IN GENERAL.—The Secretary shall es- (2) TECHNICAL AMENDMENT.—Section 1(b) of ders of the courts established under section tablish demonstration signal corps in New the Homeland Security Act of 2002 (Public 103 that include significant construction or York City, and in the District of Columbia, Law 107–296) is amended by inserting after interpretation of the provisions of this Act, consisting of specially trained law enforce- the item relating to section 509 the fol- not including the facts of any particular ment and other personnel. The New York lowing: matter, which may be redacted. City Signal Demonstration Corps shall con- ‘‘(b) The first report under this section sist of personnel from the New York Police ‘‘Sec. 510. Homeland Security Signal shall be submitted not later than six months Department, the Fire Department of New Corps.’’. after the date of the enactment of this Act. York, the Port Authority of New York and Subsequent reports under this section shall New Jersey, and other appropriate Federal, be submitted annually thereafter. State, regional, or local personnel. The Dis- SA 3889. Mr. SCHUMER submitted an ‘‘(c) In this section, the term ‘appropriate trict of Columbia Signal Corps shall consist amendment intended to be proposed by committees of Congress’ means— of specially trained personnel from all appro- him to the bill S. 2845, to reform the in- ‘‘(1) the Select Committee on Intelligence priate Federal, State, regional, and local law telligence community and the intel- and the Committee on the Judiciary of the enforcement personnel in Washington, D.C., ligence and intelligence-related activi- Senate; and including from the Metropolitan Police De- ties of the United States Government, ‘‘(2) the Permanent Select Committee on partment. Intelligence and the Committee on the Judi- ‘‘(2) RESPONSIBILITIES.—The demonstration and for other purposes; as follows: ciary of the House of Representatives.’’. signal corps established under this sub- At the appropriate place, insert the fol- (2) CLERICAL AMENDMENT.—The table of section shall— lowing new section: contents for that Act is amended by striking ‘‘(A) ensure that ‘best of breed’ military the items relating to title VI and inserting communications technology is identified and SEC. ll. COMMISSION ON THE UNITED STATES- the following new items: secured for first responders; SAUDI ARABIA RELATIONSHIP. ‘‘(B) ensure communications connectivity (a) FINDINGS.—Congress makes the fol- ‘‘TITLE VI—REPORTING REQUIREMENT between the New York Police Department, lowing findings: ‘‘Sec. 601. Annual report of the Attorney the Fire Department of New York, and other (1) Despite improvements in General. appropriate Federal, State, regional, and counterterrorism cooperation between the ‘‘TITLE VII—EFFECTIVE DATE local law enforcement personnel in the met- Governments of the United States and Saudi ‘‘Sec. 701. Effective date.’’. ropolitan New York City area; Arabia following the terrorist attacks in Ri- ‘‘(C) identify the means of communication yadh, Saudi Arabia on May 12, 2003, the rela- that work best in New York’s tunnels, sky- tionship between the United States and SA 3888. Mr. SCHUMER submitted an scrapers, and subways to maintain commu- Saudi Arabia continues to be problematic in amendment intended to be proposed by nications redundancy; regard to combating Islamic extremism. him to the bill S. 2845, to reform the in- ‘‘(D) ensure communications connectivity (2) The Government of Saudi Arabia has telligence community and the intel- between the Capitol Police, the Metropolitan not always responded promptly and fully to September 30, 2004 CONGRESSIONAL RECORD — SENATE S10127 United States requests for assistance in the (4) Two members appointed by the major- ment of this Act, the Secretary of Homeland global war on Islamist terrorism. Examples ity leader of the Senate. Security shall require background checks of of this lack of cooperation have included an (5) Two members appointed by the minor- all truck drivers with certifications to trans- unwillingness to provide the United States ity leader of the Senate. port hazardous materials. Government with access to individuals want- (d) REPORT.—Not later that 270 days after (d) EFFECTIVE DATE.—Notwithstanding sec- ed for questioning in relation to terrorist the date of the enactment of this Act, the tion 341 or any other provision of this Act, acts and to assist in investigations of ter- Commission shall submit to the President this section shall take effect on the date of rorist activities. and Congress a report on the relationship be- enactment of this Act. (3) The state religion of Saudi Arabia, a tween the United States and Saudi Arabia. militant and exclusionary form of Islam The report shall include the recommenda- SA 3891. Mr. SCHUMER submitted an known as Wahhabism, preaches violence tions of the Commission to— amendment intended to be proposed by against nonbelievers or infidels and serves as (1) increase the transparency of diplomatic him to the bill S. 2845, to reform the in- the religious basis for Osama Bin Laden and relations between the Government of the telligence community and the intel- al Qaeda. Through support for madrassas, United States and the Government of Saudi ligence and intelligence-related activi- mosques, cultural centers, and other entities Arabia; Saudi Arabia has actively supported the (2) improve cooperation between Govern- ties of the United States Government, spread of this religious sect. ment of the United States and the Govern- and for other purposes; as follows: (4) The Secretary of State designated ment of Saudi Arabia in efforts to share in- At the end, add the following new title: Saudi Arabia a country of particular concern telligence information related to the war on TITLE IV—RAIL SECURITY under section 402(b)(1)(A) of the Inter- terror; SEC. 401. IMPROVEMENTS TO RAIL SECURITY. national Religious Freedom Act of 1998 (22 (3) curtail the support and dissemination of (a) PROTECTION OF PASSENGER AREAS IN U.S.C. 6442(b)(1)(A)) because the Government Wahabbism by the Government of Saudi Ara- RAIL STATIONS.—The Secretary of Homeland of Saudi Arabia has engaged in or tolerated bia; Security shall require that, not later than 2 systematic, ongoing, and egregious viola- (4) enhance the efforts of the Government years after the date of the enactment of this tions of religious freedom. of Saudi Arabia to combat terrorist financ- Act, each of the 30 rail stations in the United (5) The Department of State’s Inter- ing; States with the highest daily rate of pas- national Religious Freedom Report for 2004 (5) create a foreign policy strategy for the senger traffic be equipped with a sufficient concluded that religious freedom does not United States to improve cooperation with exist in Saudi Arabia. number of wall-mounted and ceiling-mount- the Government of Saudi Arabia in the war ed radiological, biological, chemical, and ex- (6) The Ambassador-at-large for Inter- on terror, including any recommendations national Religious Freedom expressed con- plosive detectors to provide coverage of the regarding the use of sanctions or other diplo- entire passenger area of such station. cern about Saudi Arabia’s export of religious matic measures; extremism and intolerance to other coun- (b) USE OF THREAT DETECTORS REQUIRED ON (6) curtail the support or toleration of vio- CERTAIN TRAINS.—The Secretary of Home- tries where religious freedom for Muslims is lations of religious freedom by the Govern- respected. land Security shall require that, not later ment of Saudi Arabia; and than 3 years after the date of the enactment (7) Historically, the Government of Saudi (7) encourage the Government of Saudi Arabia has allowed financiers of terrorism to of this Act, each train traveling through any Arabia to improve the human rights condi- of the 10 rail stations in the United States operate within its borders. tions in Saudi Arabia that have been identi- (8) The Government of Saudi Arabia stated with the highest daily rate of passenger traf- fied as poor by the Department of State. fic be equipped with a radiological, biologi- in February 2004 that it would establish a na- (e) EFFECTIVE DATE.—Notwithstanding sec- cal, chemical, and explosive detector. tional commission to combat terrorist fi- tion 341 or any other provision of this Act, (c) REPORT ON SAFETY OF PASSENGER RAIL nancing within Saudi Arabia, however, it has this section shall take effect on the date of TUNNELS.— not fulfilled that promise. the enactment of this Act. (9) There have been no reports of the Gov- (1) IN GENERAL.—Not later than 1 year after ernment of Saudi Arabia pursuing the arrest, SA 3890. Mr. SCHUMER submitted an the date of the enactment of this Act, the trial, or punishment of individuals who have amendment intended to be proposed by Secretary of Transportation shall— (A) review the safety and security of all provided financial support for terrorist ac- him to the bill S. 2845, to reform the in- tivities. The laws of Saudi Arabia to combat passenger rail tunnels, including in par- telligence community and the intel- ticular the access and egress points of such terrorist financing have not been fully im- ligence and intelligence-related activi- plemented. tunnels; and (b) COMMISSION ON THE UNITED STATES- ties of the United States Government, (B) submit to Congress a report on needs SAUDI ARABIA RELATIONSHIP.— and for other purposes; as follows: for improving the safety and security of pas- (1) ESTABLISHMENT.—There is established, At the end, add the following new title: senger rail tunnels. (2) CONTENT.—The report under paragraph within the legislative branch, the National TITLE IV—SECURITY OF TRUCKS (1) shall include recommendations regarding Commission on the United States-Saudi Ara- TRANSPORTING HAZARDOUS MATERIALS bia Relationship (in this section referred to the funding necessary to eliminate security SEC. 401. IMPROVEMENTS TO SECURITY OF HAZ- deficiencies at, and upgrade the safety of, as the ‘‘Commission’’). ARDOUS MATERIALS TRANSPORTED (2) PURPOSES.—The purposes of the Com- BY TRUCK. passenger rail tunnels. (d) EFFECTIVE DATE.—Notwithstanding sec- mission are to investigate, evaluate, and re- (a) PLAN FOR IMPROVING SECURITY OF HAZ- tion 341 or any other provision of this Act, port on— ARDOUS MATERIALS.— this section shall take effect on the date of (A) the current status and activities of dip- (1) IN GENERAL.—Not later than 1 year after lomatic relations between the Government the date of the enactment of this Act, the enactment of this Act. of the United States and the Government of Secretary of Homeland Security shall de- Mr. SCHUMER submitted an Saudi Arabia; velop a plan for improving the security of SA 3892. (B) the degree of cooperation exhibited by hazardous materials transported by truck. amendment intended to be proposed by the Government of Saudi Arabia toward the (2) CONTENT.—The plan under paragraph (1) him to the bill S. 2845, to reform the in- Government of the United States in relation shall include— telligence community and the intel- to intelligence, security cooperation, and the (A) a plan for tracking such hazardous ma- ligence and intelligence-related activi- fight against Islamist terrorism; terials; ties of the United States Government, (C) the status of the support provided by (B) a strategy for preventing hijackings of and for other purposes; as follows: the Government of Saudi Arabia to promote trucks carrying such materials; and At the end, add the following new title: the dissemination of Wahabbism; and (C) a proposed mechanism for recovering (D) the efforts of the Government of Saudi lost or stolen trucks carrying such mate- TITLE IV—STRENGTHENING BORDER Arabia to enact domestic measures to curtail rials. SECURITY terrorist financing. (b) INCREASED INSPECTION OF TRUCKS.— SEC. 401. TECHNOLOGY STANDARDS TO CONFIRM (3) AUTHORITY.—The Commission is author- (1) IN GENERAL.—The Secretary of Home- IDENTITY. ized to carry out purposes described in para- land Security shall require that the number Section 403(c)(1) of the USA PATRIOT ACT graph (2). of trucks entering the United States that are (8 U.S.C. 1379(1)) is amended to read as fol- (c) COMPOSITION OF COMMISSION.—The Com- manually searched and screened in fiscal lows: mission shall be composed of 10 members, as year 2005 is at least twice the number of ‘‘(1) IN GENERAL.—The Attorney General, follows: trucks manually searched and screened in the Secretary of State, and the Secretary of (1) Two members appointed by the Presi- fiscal year 2004. Homeland Security jointly, through the Na- dent, one of whom the President shall des- (2) WAIT TIMES AT INSPECTIONS.—In car- tional Institute of Standards and Technology ignate as the chairman of the Commission. rying out this section, the Secretary shall (NIST), and in consultation with the Sec- (2) Two members appointed by the Speaker ensure that the average wait time for trucks retary of the Treasury and other Federal law of the House of Representatives. entering the United States does not increase. enforcement and intelligence agencies that (3) Two members appointed by the minor- (c) BACKGROUND CHECKS.—Beginning not the Attorney General, Secretary of State, ity leader of the House of Representatives. later than 3 years after the date of the enact- and the Secretary of Homeland Security S10128 CONGRESSIONAL RECORD — SENATE September 30, 2004

deem appropriate and in consultation with At the end, add the following new title: ‘‘(c) RESPONSIBILITIES.—The responsibil- Congress, shall prior to October 26, 2005, de- TITLE IV—OTHER MATTERS ities of the Assistant Secretary shall include velop and certify a technology standard, in- SEC. 401. CARGO INSPECTION. the following: ‘‘(1) To establish and manage— cluding appropriate biometric identifier (a) MANUAL INSPECTION.—Not later than 2 standards for multiple immutable physical years after the date of enactment of this ‘‘(A) a national cybersecurity response sys- characteristics, such as fingerprints and eye Act, the Secretary of Homeland Security tem that includes the ability to— retinas, that can be used to verify the iden- shall require that the number of containers ‘‘(i) analyze the effect of cybersecurity tity of persons applying for a United States manually inspected at ports in the United threat information on national critical in- visa or such persons seeking to enter the States is not less than 10 percent of the total frastructure; and United States pursuant to a visa for the pur- number of containers off-loaded at such ‘‘(ii) aid in the detection and warning of at- poses of conducting background checks, con- ports. tacks on, and in the restoration of, firming identity, and ensuring that a person (b) INSPECTION FOR NUCLEAR MATERIALS.— cybersecurity infrastructure in the after- has not received a visa under a different Not later than 2 years after the date of en- math of such attacks; name.’’. actment of this Act, the Secretary of Home- ‘‘(B) a national cybersecurity threat and SEC. 402. REQUIREMENTS FOR ENTRY AND EXIT land Security shall require that the number vulnerability reduction program that identi- DOCUMENTS. of containers screened for nuclear or radio- fies cybersecurity vulnerabilities that would (a) IN GENERAL.—Paragraph (1) of section logical materials is not less than 100 percent have a national effect on critical infrastruc- 303(b) of the Enhanced Border Security and of the total number of containers off-loaded ture, performs vulnerability assessments on Visa Entry Reform Act of 2002 (8 U.S.C. at ports in the United States. information technologies, and coordinates 1732(b)) is amended to read as follows: (c) INSPECTION FOR CHEMICAL, BIOLOGICAL, the mitigation of such vulnerabilities; ‘‘(1) IN GENERAL.—Not later than October AND EXPLOSIVE MATERIALS.—Not later than 4 ‘‘(C) a national cybersecurity awareness 25, 2005, the Attorney General, the Secretary years after the date of enactment of this and training program that promotes of State, and the Secretary of Homeland Se- Act, the Secretary of Homeland Security cybersecurity awareness among the public curity shall issue to aliens only machine- shall require that the 10 ports in the United and the private sectors and promotes readable, tamper-resistant visas and other States that off-load the highest number of cybersecurity training and education pro- travel and entry documents that use biomet- containers have the capability to screen not grams; ric identifiers for multiple immutable char- less than 10 percent of the total number of ‘‘(D) a government cybersecurity program acteristics, such as fingerprints and eye ret- containers off-loaded at each such port for to coordinate and consult with Federal, inas. The Attorney General, the Secretary of chemical, biological, and explosive mate- State, and local governments to enhance State, and the Secretary of Homeland Secu- rials. their cybersecurity programs; and rity shall jointly establish biometric and (d) REPORT.—Not later than 180 days after ‘‘(E) a national security and international document identification standards for mul- the date of enactment of this Act, the Sec- cybersecurity cooperation program to help tiple immutable physical characteristics, retary of Homeland Security shall submit to foster Federal efforts to enhance inter- such as fingerprints and eye retinas, to be Congress a report on port security tech- national cybersecurity awareness and co- employed on such visas and other travel and nology. Such report shall include— operation. entry documents.’’. (1) a description of the progress made in ‘‘(2) To coordinate with the private sector (b) CONSULTATION REQUIREMENTS.—Such the research and development of port secu- on the program under paragraph (1) as appro- section is further amended— rity technologies; priate, and to promote cybersecurity infor- (1) in paragraph (2)(A), by striking ‘‘in con- (2) a comprehensive schedule detailing the mation sharing, vulnerability assessment, sultation with the Secretary of State’’ and amount of time necessary to test and install and threat warning regarding critical infra- inserting ‘‘in consultation with the Sec- appropriate port security technologies; and structure. retary of State and the Secretary of Home- (3) the total amount of funds necessary to ‘‘(3) To coordinate with other directorates land Security’’; and develop, produce, and install appropriate and offices within the Department on the (2) in paragraph (2)(B) in the matter pre- port security technologies. cybersecurity aspects of their missions. ceding clause (i), by striking ‘‘in consulta- (e) EFFECTIVE DATE.—Notwithstanding sec- ‘‘(4) To coordinate with the Under Sec- tion with the Secretary of State’’ and insert- tion 341 or any other provision of this Act, retary for Emergency Preparedness and Re- ing ‘‘in consultation with the Secretary of this section shall take effect on the date of sponse to ensure that the National Response State and the Secretary of Homeland Secu- enactment of this Act. Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002 (6 U.S.C. rity’’. (c) USE OF READERS AND SCANNERS.—Para- SA 3894. Mr. SCHUMER submitted an 312(6)) includes appropriate measures for the graph (2)(B) of such section, as amended by amendment intended to be proposed by recovery of the cybersecurity elements of subsection (b), is further amended— him to the bill S. 2845, to reform the in- critical infrastructure. ‘‘(5) To develop processes for information (1) by redesignating clauses (i), (ii), and telligence community and the intel- (iii) as (ii), (iii), and (iv), respectively; and sharing with the private sector, consistent ligence and intelligence-related activi- with section 214, that— (2) by inserting before clause (ii), as redes- ties of the United States Government, ignated by paragraph (1), the following: ‘‘(A) promote voluntary cybersecurity best practices, standards, and benchmarks that ‘‘(i) can authenticate biometric identifiers and for other purposes; as follows: are responsive to rapid technology changes of multiple immutable physical characteris- At the appropriate place, insert the fol- and to the security needs of critical infra- tics, as such fingerprints and eye retinas;’’. lowing: structure; and (d) CERTIFICATION REQUIREMENTS.—Sub- SEC. ll. ENHANCING CYBERSECURITY. section (c) of such section is amended to read (a) SHORT TITLE.—This section may be ‘‘(B) consider roles of Federal, State, local, as follows: cited as the ‘‘Department of Homeland Secu- and foreign governments and the private sector, including the insurance industry and ‘‘(1) IN GENERAL.—Not later than October rity Cybersecurity Enhancement Act of 26, 2005, the government of each country that 2004’’. auditors. is designated to participate in the visa waiv- (b) ASSISTANT SECRETARY FOR ‘‘(6) To coordinate with the Chief Informa- er program established under section 217 of CYBERSECURITY.— tion Officer of the Department in estab- the Immigration and Nationality Act (8 (1) IN GENERAL.—Subtitle A of title II of lishing a secure information sharing archi- U.S.C. 1187) shall certify, as a condition of the Homeland Security Act of 2002 (6 U.S.C. tecture and information sharing processes, designation or a continuation of that des- 121 et seq.) is amended by adding at the end including with respect to the Department’s ignation, that it has a program to issue to the following: operation centers. its nationals machine-readable passports ‘‘SEC. 203. ASSISTANT SECRETARY FOR ‘‘(7) To consult with the Electronic Crimes that are tamper-resistant and incorporate bi- CYBERSECURITY. Task Force of the United States Secret Serv- ometric and authentication identifiers of ‘‘(a) IN GENERAL.—There shall be in the Di- ice on private sector outreach and informa- multiple immutable physical characteristics, rectorate for Information Analysis and Infra- tion activities. such as fingerprints and eye retina scans. structure Protection a National ‘‘(8) To consult with the Office for Domes- This paragraph shall not be construed to re- Cybersecurity Office headed by an Assistant tic Preparedness to ensure that realistic scind the requirement of subsections (a)(3) Secretary for Cybersecurity (in this section cybersecurity scenarios are incorporated and (c)(2)(B)(i) of section 217 of the Immigra- referred to as the ‘Assistant Secretary’), who into tabletop and recovery exercises. tion and Nationality Act.’’. shall assist the Secretary in promoting ‘‘(9) To consult and coordinate, as appro- cybersecurity for the Nation. priate, with other Federal agencies on SA 3893. Mr. SCHUMER submitted an ‘‘(b) GENERAL AUTHORITY.—The Assistant cybersecurity-related programs, policies, and amendment intended to be proposed by Secretary, subject to the direction and con- operations. him to the bill S. 2845, to reform the in- trol of the Secretary, shall have primary au- ‘‘(10) To consult and coordinate within the thority within the Department for all Department and, where appropriate, with telligence community and the intel- cybersecurity-related critical infrastructure other relevant Federal agencies, on security ligence and intelligence-related activi- protection programs of the Department, in- of digital control systems, such as Super- ties of the United States Government, cluding with respect to policy formulation visory Control and Data Acquisition and for other purposes; as follows: and program management. (SCADA) systems. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10129

‘‘(d) AUTHORITY OVER THE NATIONAL COM- national security of the United States and the counterproliferation program rec- MUNICATIONS SYSTEM.—The Assistant Sec- matters relating to the proliferation of ommendations and budget proposals of the retary shall have primary authority within weapons of mass destruction, their delivery departments, agencies, and elements of the the Department over the National Commu- systems, and related materials and tech- United States Government conform to the nications System.’’. nologies that threaten the national security policies and priorities established by the (2) CLERICAL AMENDMENT.—The table of of the United States, its interests, and allies. President and the National Security Council; contents in section 1(b) of such Act is (3) The individual serving as the Director (4) in accordance with subsection (f), con- amended by adding at the end of the items of the National Counterproliferation Center cur in, or advise the President on, the selec- may not, while so serving, serve in any ca- relating to subtitle A of title II the fol- tions of personnel to head the nonmilitary pacity in any other element of the intel- lowing: operating entities of the United States Gov- ligence community, except to the extent ‘‘203. Assistant Secretary for that the individual serving as Director of the ernment with principal missions relating to Cybersecurity.’’. National Counterproliferation Center is counterproliferation; (c) CYBERSECURITY DEFINED.—Section 2 of doing so in an acting capacity. (5) serve as the principal representative of the Homeland Security Act of 2002 (6 U.S.C. (c) SUPERVISION.—(1) The Director of the the United States Government to multilat- 101) is amended by adding at the end the fol- National Counterproliferation Center shall eral and bilateral organizations, forums, lowing: report to the National Intelligence Director events, and activities related to counterpro- ‘‘(17)(A) The term ‘cybersecurity’ means on the budget, personnel, activities, and proliferation; the prevention of damage to, the protection grams of the National Counterproliferation (6) advise the President and the National of, and the restoration of computers, elec- Center. Intelligence Director on the science and tronic communications systems, electronic (2) The Director of the National technology research and development re- communication services, wire communica- Counterproliferation Center shall report to quirements and priorities of the counterpro- tion, and electronic communication, includ- the National Intelligence Director on the ac- liferation programs and activities of the ing information contained therein, to ensure tivities of the Directorate of Intelligence of United States Government; and its availability, integrity, authentication, the National Counterproliferation Center (7) perform such other duties as the Na- confidentiality, and nonrepudiation. under subsection (g). (3) The Director of the National tional Intelligence Director may prescribe or ‘‘(B) In this paragraph— Counterproliferation Center shall report to are prescribed by law; ‘‘(i) each of the terms ‘damage’ and ‘com- the President and the National Intelligence (f) ROLE OF DIRECTOR OF NATIONAL puter’ has the meaning that term has in sec- Director on the planning and progress of COUNTERPROLIFERATION CENTER IN CERTAIN tion 1030 of title 18, United States Code; and counterproliferation programs, operations, APPOINTMENTS.—(1) In the event of a vacancy ‘‘(ii) each of the terms ‘electronic commu- and activities. in the most senior position of such non- nications system’, ‘electronic communica- (d) PRIMARY MISSIONS.—The primary mis- military operating entities of the United tion service’, ‘wire communication’, and sions of the National Counterproliferation States Government having principal mis- ‘electronic communication’ has the meaning Center shall be as follows: sions relating to counterproliferation as the that term has in section 2510 of title 18, (1) To develop and unify strategy for the President may designate, the head of the de- United States Code.’’. counterproliferation efforts (including law partment or agency having jurisdiction over enforcement, economic, diplomatic, intel- the position shall obtain the concurrence of SA 3895. Mr. FRIST submitted an ligence, and military efforts) of the United the Director of the National Counterpro- amendment intended to be proposed by States Government. liferation Center before appointing an indi- him to the bill S. 2845, to reform the in- (2) To make recommendations to the Na- vidual to fill the vacancy or recommending telligence community and the intel- tional Intelligence Director with regard to to the President an individual for nomina- ligence and intelligence-related activi- the collection and analysis requirements and tion to fill the vacancy. If the Director does ties of the United States Government, priorities of the National Counterpro- not concur in the recommendation, the head liferation Center. and for other purposes; which was or- of the department or agency concerned may (3) To integrate counterproliferation intel- fill the vacancy or make the recommenda- dered to lie on the table; as follows: ligence activities of the United States Gov- tion to the President (as the case may be) On page 9, line 10, insert ‘‘, the National ernment, both inside and outside the United without the concurrence of the Director, but Counterproliferation Center,’’ after ‘‘Cen- States, and with other governments. shall notify the President that the Director ter’’. (4) To develop multilateral and United does not concur in the appointment or rec- On page 14, beginning on line 14, strike States Government counterproliferation ommendation (as the case may be). ‘‘and establish’’ and all that follows through plans, which plans shall— (2) The President shall notify Congress of line 16 and insert ‘‘manage and oversee the (A) involve more than one department, National Counterproliferation Center under the designation of an operating entity of the agency, or element of the executive branch United States Government under paragraph section 144, and establish, manage, and over- (unless otherwise directed by the President) see national intelligence centers under sec- (1) not later than 30 days after the date of of the United States Government; and such designation. tion 145;’’. (B) include the mission, objectives to be On page 15, beginning on line 12, strike ‘‘to (g) DIRECTORATE OF INTELLIGENCE.—(1) The achieved, courses of action, parameters for national intelligence centers under section Director of the National Counterpro- such courses of action, coordination of agen- 144,’’ and insert ‘‘to the National liferation Center shall establish and main- cy operational activities, recommendations Counterproliferation Center under section tain within the National 144, to national intelligence centers under for operational plans, and assignment of na- Counterproliferation Center a Directorate of section 145,’’. tional, departmental, or agency responsibil- Intelligence. ities. On page 94, strike line 5 and insert the fol- (2) The Directorate shall have primary re- (5) To ensure that the collection, analysis, lowing: sponsibility within the United States Gov- and utilization of counterproliferation intel- SEC. 144. NATIONAL COUNTERPROLIFERATION ernment for the collection and analysis of in- CENTER. ligence, and the conduct of counterpro- formation regarding proliferators (including (a) NATIONAL COUNTERPROLIFERATION CEN- liferation operations, by the United States individuals, entities, organizations, compa- TER.—(1) There is within the National Intel- Government are informed by the analysis of nies, and states) and their networks, from all ligence Authority a National all-source intelligence. sources of intelligence, whether collected in- (e) DUTIES AND RESPONSIBILITIES OF DIREC- Counterproliferation Center. side or outside the United States, or by for- TOR OF NATIONAL COUNTERPROLIFERATION (2) The purpose of the Center is to develop, eign governments. direct, and coordinate the efforts and activi- CENTER.—Notwithstanding any other provi- ties of the United States Government to sion of law, at the direction of the President, (3) The Directorate shall— deter, prevent, halt, and rollback the pur- the National Security Council, and the Na- (A) be the principal repository within the suit, acquisition, development, and traf- tional Intelligence Director, the Director of United States Government for all-source in- ficking of weapons of mass destruction, re- the National Counterproliferation Center formation on suspected proliferators, their lated materials and technologies, and their shall— networks, their activities, and their capa- delivery systems to terrorists, terrorist or- (1) serve as the principal adviser to the bilities; ganizations, other non-state actors of con- President and the National Intelligence Di- (B) propose intelligence collection and cern, and state actors of concern. rector on intelligence and operations relat- analysis requirements and priorities for ac- (b) DIRECTOR OF NATIONAL COUNTERPRO- ing to counterproliferation; tion by elements of the intelligence commu- LIFERATION CENTER.—(1) There is a Director (2) provide unified strategic direction for nity inside and outside the United States, of the National Counterproliferation Center, the counterproliferation efforts of the United and by friendly foreign governments; who shall be the head of the National States Government and for the effective in- (C) have primary responsibility within the Counterproliferation Center, and who shall tegration and deconfliction of counterpro- United States Government for net assess- be appointed by the President, by and with liferation intelligence collection, analysis, ments and warnings about weapons of mass the advice and consent of the Senate. and operations across agency boundaries, destruction proliferation threats, which as- (2) Any individual nominated for appoint- both inside and outside the United States, sessments and warnings shall be based on a ment as the Director of the National and with foreign governments; comparison of the intentions and capabili- Counterproliferation Center shall have sig- (3) advise the President and the National ties of proliferators with assessed national nificant expertise in matters relating to the Intelligence Director on the extent to which vulnerabilities and countermeasures; S10130 CONGRESSIONAL RECORD — SENATE September 30, 2004 (D) conduct through a separate, inde- (i) specify the transfers, assignments, and cy, or element through joint operations pendent office independent analyses (com- details of personnel funded within the Na- plans; and monly referred to as ‘‘red teaming’’) of intel- tional Intelligence Program to the National (D) the provision to the analysts of the Na- ligence collected and analyzed with respect Counterproliferation Center from any other tional Counterproliferation Center elec- to proliferation; and non-Department of Defense element of the tronic access in real time to information and (E) perform such other duties and func- intelligence community that the National intelligence collected by such department, tions as the Director of the National Intelligence Director considers appropriate; agency, or element that is relevant to the Counterproliferation Center may prescribe. and missions of the Center. (h) DIRECTORATE OF PLANNING.—(1) The Di- (ii) in the case of personnel from a depart- (3) In the event of a disagreement between rector of the National Counterproliferation ment, agency, or element of the United the National Intelligence Director and the Center shall establish and maintain within States Government and not funded within head of a department, agency, or element of the National Counterproliferation Center a the National Intelligence Program, request the United States Government on a plan de- Directorate of Planning. the transfer, assignment, or detail of such veloped or responsibility assigned by the Na- tional Counterproliferation Center under (2) The Directorate shall have primary re- personnel from the department, agency, or this subsection, the National Intelligence Di- sponsibility for developing counterpro- other element concerned. liferation plans, as described in subsection (B)(i) The head of an element of the intel- rector may either accede to the head of the department, agency, or element concerned or (d)(3). ligence community shall promptly effect any notify the President of the necessity of re- (3) The Directorate shall— transfer, assignment, or detail of personnel solving the disagreement. (A) provide guidance, and develop strategy specified by the National Intelligence Direc- and interagency plans, to counter prolifera- (k) DEFINITIONS.—In this section: tor under subparagraph (A)(i). (1) The term ‘‘counterproliferation’’ tion activities based on policy objectives and (ii) The head of a department, agency, or priorities established by the National Secu- means— element of the United States Government re- (A) activities, programs and measures for rity Council; ceiving a request for transfer, assignment, or (B) develop plans under subparagraph (A) interdicting (including deterring, pre- detail of personnel under subparagraph venting, halting, and rolling back) the trans- utilizing input from personnel in other de- (A)(ii) shall, to the extent practicable, ap- partments, agencies, and elements of the fer or transport (whether by air, land or sea) prove the request. of weapons of mass destruction, their deliv- United States Government who have exper- (6) Personnel employed in or assigned or ery systems, and related materials and tech- tise in the priorities, functions, assets, pro- detailed to the National Counterpro- nologies to and from states and non-state ac- grams, capabilities, and operations of such liferation Center under this subsection shall tors (especially terrorists and terrorist orga- departments, agencies, and elements with re- be under the authority, direction, and con- nizations) of proliferation concern; spect to counterproliferation; trol of the Director of the National (B) enhanced law enforcement activities (C) assign responsibilities for counterpro- Counterproliferation Center on all matters and cooperation to deter, prevent, halt, and liferation operations to the departments and for which the Center has been assigned re- rollback proliferation-related networks, ac- agencies of the United States Government sponsibility and for all matters related to tivities, organizations, and individuals, and (including the Department of Defense, the the accomplishment of the missions of the bring those involved to justice; and Department of State, the Central Intel- Center. (7) Performance evaluations of personnel (C) activities, programs, and measures for ligence Agency, the Federal Bureau of Inves- identifying, collecting, and analyzing infor- tigation, the Department of Homeland Secu- assigned or detailed to the National Counterproliferation Center under this sub- mation and intelligence related to the trans- rity, and other departments and agencies of fer or transport of weapons, systems, mate- the United States Government), consistent section shall be undertaken by the supervisors of such personnel at the Center. rials, and technologies as described in sub- with the authorities of such departments and paragraph (A). agencies; (8) The supervisors of the staff of the Na- tional Counterproliferation Center may, (2) The term ‘‘states and non-state actors (D) monitor the implementation of oper- of proliferation concern’’ refers to countries ations assigned under subparagraph (C) and with the approval of the National Intel- ligence Director, reward the staff of the Cen- or entities (including individuals, entities, update interagency plans for such operations organizations, companies, and networks) as necessary; ter for meritorious performance by the provision of such performance awards as the Na- that should be subject to counterpro- (E) report to the President and the Na- liferation activities because of their actions tional Intelligence Director on the perform- tional Intelligence Director shall prescribe. (9) The National Intelligence Director may or intent to engage in proliferation ance of the departments, agencies, and ele- delegate to the Director of the National through— ments of the United States with the plans Counterproliferation Center any responsi- (A) efforts to develop or acquire chemical, developed under subparagraph (A); and bility, power, or authority of the National biological, or nuclear weapons and associ- (F) perform such other duties and func- Intelligence Director under paragraphs (1) ated delivery systems; or tions as the Director of the National through (8). (B) transfers (either selling, receiving, or Counterproliferation Center may prescribe. (10) The National Intelligence Director facilitating) of weapons of mass destruction, (4) The Directorate may not direct the exe- shall ensure that the staff of the National their delivery systems, or related materials. cution of operations assigned under para- Counterproliferation Center has access to all SEC. 145. NATIONAL INTELLIGENCE CENTERS. graph (3). databases and information maintained by On page 207, strike line 16 and insert the (i) STAFF.—(1) The National Intelligence the elements of the intelligence community following: Director may appoint deputy directors of the that are relevant to the duties of the Center. Center. National Counterproliferation Center to (j) SUPPORT AND COOPERATION OF OTHER ‘‘Director of the National Counterpro- oversee such portions of the operations of AGENCIES.—(1) The elements of the intel- liferation Center.’’. the Center as the National Intelligence Di- ligence community and the other depart- rector considers appropriate. ments, agencies, and elements of the United SA 3896. Mr. FRIST submitted an (2) To assist the Director of the National States Government shall support, assist, and amendment intended to be proposed by Counterproliferation Center in fulfilling the cooperate with the National Counterpro- him to the bill S. 2845, to reform the in- duties and responsibilities of the Director of liferation Center in carrying out its missions telligence community and the intel- the National Counterproliferation Center under this section. under this section, the National Intelligence ligence and intelligence-related activi- (2) The support, assistance, and coopera- ties of the United States Government, Director shall employ in the National tion of a department, agency, or element of Counterproliferation Center a professional and for other purposes; which was or- the United States Government under this dered to lie on the table; as follows: staff having an expertise in matters relating subsection shall include, but not be limited On page 8, strike lines 3 and 4 and insert to such duties and responsibilities. to— (3) In providing for a professional staff for the following: (A) the implementation of interagency the National Counterproliferation Center (A) the Select Committee on Intelligence under paragraph (2), the National Intel- plans for operations, whether foreign or do- of the Senate; ligence Director may establish as positions mestic, that are developed by the National (B) the Permanent Select Committee on in the excepted service such positions in the Counterproliferation Center in a manner Intelligence of the House of Representatives; Center as the National Intelligence Director consistent with the laws and regulations of (C) the Speaker of the House of Represent- considers appropriate. the United States and consistent with the atives and the Majority Leader and the Mi- (4) The National Intelligence Director shall limitation in subsection (h)(4); nority Leader of the House of Representa- ensure that the analytical staff of the Na- (B) cooperative work with the Director of tives; and tional Counterproliferation Center is com- the National Counterproliferation Center to (D) the Majority Leader and the Minority prised primarily of experts from elements in ensure that ongoing operations of such de- Leader of the Senate. the intelligence community and from such partment, agency, or element do not conflict On page 172, beginning on line 24, strike other personnel in the United States Govern- with operations planned by the Center; ‘‘the Select Committee on Intelligence of the ment as the National Intelligence Director (C) reports, upon request, to the Director Senate, the Permanent Select Committee on considers appropriate. of the National Counterproliferation Center Intelligence of the House of Representa- (5)(A) In order to meet the requirements in on the performance of such department, tives,’’ and insert ‘‘the committees and paragraph (4), the National Intelligence Di- agency, or element in implementing respon- Members of Congress specified in subsection rector shall, from time to time— sibilities assigned to such department, agen- (c),’’. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10131 On page 173, beginning on line 17, strike ‘‘(B) the Permanent Select Committee on sional intelligence committees each year a ‘‘the Select Committee on Intelligence of the Intelligence and the Committee on Appro- report that sets forth— Senate, the Permanent Select Committee on priations of the House of Representatives; (1) a description of the actions taken dur- Intelligence of the House of Representa- ‘‘(C) the Speaker of the House of Rep- ing the preceding year to ensure the strict tives,’’ and insert ‘‘the committees and resentatives and the Majority Leader and adherence of covered officers and employees Members of Congress specified in subsection the Minority Leader of the House of Rep- of the intelligence community to the prohi- (c),’’. resentatives; and bitions set forth in subsection (a); and On page 174, beginning on line 7, strike ‘‘(D) the Majority Leader and the Minority (2) an assessment of the effectiveness of ‘‘Representatives’’ and all that follows Leader of the Senate;’’. such actions in ensuring the strict adherence through line 13 and insert ‘‘Representatives, On page 200, line 5, strike ‘‘307.’’ and insert of covered officers and employees of the in- the Speaker of the House of Representatives ‘‘308.’’. telligence community to such prohibitions. and the Majority Leader and the Minority On page 200, line 12, strike ‘‘308.’’ and in- (d) COVERED OFFICERS AND EMPLOYEES OF Leader of the House of Representatives, and sert ‘‘309.’’. THE INTELLIGENCE COMMUNITY DEFINED.—In the Majority Leader and the Minority Lead- On page 200, line 19, strike ‘‘309.’’ and in- this section, the term ‘‘covered officers and er of the Senate. Upon making a report cov- sert ‘‘310.’’. employees of the intelligence community’’ ered by this paragraph— On page 201, line 11, strike ‘‘310.’’ and in- means any officer or employee of an element ‘‘(A) the Chairman, Vice Chairman, or sert ‘‘311.’’. of the intelligence community, other than an Ranking Member, as the case may be, of On page 203, line 9, strike ‘‘311.’’ and insert officer serving in a position to which ap- such a committee shall notify the other of ‘‘312.’’. pointed by the President, by and with the ad- the Chairman, Vice Chairman, or Ranking On page 204, line 1, strike ‘‘312.’’ and insert vice and consent of the Senate. Member, as the case may be, of such com- ‘‘313.’’. On page 172, line 1, strike ‘‘223.’’ and insert mittee of such request; ‘‘224.’’. ‘‘(B) the Speaker of the House of Rep- SA 3897. Mr. FRIST submitted an On page 172, line 18, strike ‘‘224.’’ and in- resentatives and the Majority Leader of the amendment intended to be proposed by sert ‘‘225.’’. House of Representatives or the Minority him to the bill S. 2845, to reform the in- On page 174, line 23, strike ‘‘225.’’ and in- Leader of the House of Representatives shall telligence community and the intel- sert ‘‘226.’’. notify the other or others, as the case may ligence and intelligence-related activi- be, of such request; and ties of the United States Government, SA 3899. Mr. FRIST submitted an ‘‘(C) the Majority Leader and Minority amendment intended to be proposed by Leader of the Senate shall notify the other and for other purposes; which was ordered to lie on the table; as follows: him to the bill S. 2845, to reform the in- of such request. telligence community and the intel- On page 174, between lines 22 and 23, insert On page 78, line 18, strike ‘‘and’’ at the end. the following: On page 79, line 2, strike the period and in- ligence and intelligence-related activi- (c) COMMITTEES AND MEMBERS OF CON- sert ‘‘; and’’. ties of the United States Government, GRESS.—The committees and Members of On page 79, between lines 2 and 3, insert and for other purposes; which was or- Congress specified in this subsection are— the following: dered to lie on the table; as follows: (1) the Select Committee on Intelligence of (4) monitor the effectiveness of measures On page 153, between lines 2 and 3, insert the Senate; taken to prevent and prohibit the involve- the following: (2) the Permanent Select Committee on In- ment by intelligence community personnel SEC. 207. JOINT PROCEDURES FOR OPER- telligence of the House of Representatives; in policy matters, including the development ATIONAL COORDINATION BETWEEN (3) the Speaker of the House of Representa- or advancement of policy proposals, options, DEPARTMENT OF DEFENSE AND tives and the Majority Leader and the Mi- initiatives, or recommendations, or the of- CENTRAL INTELLIGENCE AGENCY. nority Leader of the House of Representa- fering of views or commentary thereon. (a) DEVELOPMENT OF PROCEDURES.—The Na- tives; and tional Intelligence Director, in consultation (4) the Majority Leader and the Minority SA 3898. Mr. FRIST submitted an with the Secretary of Defense and the Direc- Leader of the Senate. amendment intended to be proposed by tor of the Central Intelligence Agency, shall On page 176, between lines 3 and 4, insert him to the bill S. 2845, to reform the in- develop joint procedures to be used by the the following: telligence community and the intel- Department of Defense and the Central Intel- (iii) the Speaker of the House of Represent- ligence and intelligence-related activi- ligence Agency to improve the coordination atives and the Majority Leader and the Mi- ties of the United States Government, and deconfliction of operations that involve nority Leader of the House of Representa- elements of both the Armed Forces and the tives; and for other purposes; which was or- Central Intelligence Agency consistent with (iv) the Majority Leader and the Minority dered to lie on the table; as follows: national security and the protection of Leader of the Senate; On page 171, after line 21, add the fol- human intelligence sources and methods. On page 176, line 4, strike ‘‘(ii)’’ and insert lowing: Those procedures shall, at a minimum, pro- ‘‘(v)’’. SEC. 223. INDEPENDENCE OF POLICY FROM IN- vide the following: On page 176, line 7, strike ‘‘(iii)’’ and insert TELLIGENCE. (1) Methods by which the Director of the ‘‘(vi)’’. (a) PROHIBITIONS ON PARTICIPATION OF IN- Central Intelligence Agency and the Sec- On page 200, between lines 4 and 5, insert TELLIGENCE COMMUNITY PERSONNEL IN POLICY retary of Defense can improve communica- the following: MATTERS.—To further prevent the tion and coordination in the planning, execu- SEC. 307. MODIFICATION OF DEFINITION OF CON- politicization of intelligence, covered offi- tion, and sustainment of operations, includ- GRESSIONAL INTELLIGENCE COM- cers and employees of the intelligence coming, as a minimum— MITTEES UNDER NATIONAL SECU- munity shall not— (A) information exchange between senior RITY ACT OF 1947. (1) participate in policy matters, including officials of the Central Intelligence Agency (a) IN GENERAL.—Paragraph (7) of section 3 the development of policy, debating of policy and senior officers and officials of the De- of the National Security Act of 1947 (50 issues, offering and advancement of policy partment of Defense when planning for such U.S.C. 401a) is amended to read as follows: views and proposals, and voting in inter- an operation commences by either organiza- ‘‘(7) The term ‘congressional intelligence agency forums on policy issues; or tion; and committees’ means— (2) serve in a policy position in any branch (B) exchange of information between the ‘‘(A) the Select Committee on Intelligence of the United States Government, or in any Secretary and the Director to ensure that of the Senate; position in which the person assigned to such senior operational officials in both the De- ‘‘(B) the Permanent Select Committee on position may be asked or required to partici- partment of Defense and the Central Intel- Intelligence of the House of Representatives; pate in activities prohibited under paragraph ligence Agency have knowledge of the exist- ‘‘(C) the Speaker of the House of Rep- (1). ence of the ongoing operations of the other. resentatives and the Majority Leader and (b) IMPLEMENTATION OF PROHIBITIONS.—The (2) When appropriate, in cases where the the Minority Leader of the House of Rep- National Intelligence Director, the National Department of Defense and the Central Intel- resentatives; and Intelligence Council, the Inspector General ligence Agency are conducting separate mis- ‘‘(D) the Majority Leader and the Minority of the National Intelligence Authority, the sions in the same geographical area, mutual Leader of the Senate.’’. Director of the National Counterterrorism agreement on the tactical and strategic ob- (b) FUNDING OF INTELLIGENCE ACTIVITIES.— Center, and the Directors of the national in- jectives for the region and a clear delinea- Paragraph (2) of section 504(e) of that Act (50 telligence centers shall each take appro- tion of operational responsibilities to pre- U.S.C. 414(e)) is amended to read as follows: priate actions to ensure the strict adherence vent conflict and duplication of effort. ‘‘(2) the term ‘appropriate congressional of covered officers and employees of the in- (b) IMPLEMENTATION REPORT.—Not later committees’ means— telligence community to the prohibitions set than 180 days after the date of the enactment ‘‘(A) the Select Committee on Intelligence forth in subsection (a). of the Act, the National Intelligence Direc- and the Committee on Appropriations of the (c) ANNUAL REPORTS.—The National Intel- tor shall submit to the congressional defense Senate; ligence Director shall submit to the congres- committees (as defined in section 101 of title S10132 CONGRESSIONAL RECORD — SENATE September 30, 2004 10, United States Code) and the congres- Chairman and Vice Chairman of the Com- and act at times and places, take testimony, sional intelligence committees a report de- mission from among the members of the receive evidence, and administer oaths to scribing the procedures established pursuant Commission. the extent that the Commission or any panel to subsection (a) and the status of the imple- (e) PERIOD OF APPOINTMENT; VACANCIES.— or member considers advisable. mentation of those procedures. Members shall be appointed for the life of (b) INFORMATION.—The Commission may SEC. 208. SUPPORT OF MILITARY OPERATIONS TO the Commission. Any vacancy in the Com- secure directly from the Department of De- COMBAT TERRORISM. mission shall be filled in the same manner as fense, the Central Intelligence Agency, and (a) AUTHORITY.—The Secretary of Defense the original appointment. any other department, agency, or element of may expend up to $25,000,000 during any fis- (f) SECURITY CLEARANCES.—All members of the United States Government information cal year to provide support to foreign forces, the Commission shall hold appropriate secu- that the Commission considers necessary to irregular forces, groups, or individuals en- rity clearances. enable the Commission to carry out its re- gaged in supporting or facilitating ongoing (g) INITIAL ORGANIZATION REQUIREMENTS.— sponsibilities under this title. military operations by United States special (1) All appointments to the Commission shall (c) COOPERATION OF GOVERNMENT OFFI- operations forces to combat terrorism. be made not later than 45 days after the date CIALS.—For purposes of carrying out its du- (b) INTELLIGENCE ACTIVITIES.—This section of the enactment of this Act. ties, the Commission shall receive the full does not constitute authority to conduct a (2) The Commission shall convene its first and timely cooperation of the Secretary of covert action, as such term is defined in sec- meeting not later than 30 days after the date Defense, the Director of the Central Intel- tion 503(e) of the National Security Act of as of which all members of the Commission ligence Agency, the National Intelligence Di- 1947 (50 U.S.C. 413b(e)). have been appointed. rector, and any other official of the United (c) ANNUAL REPORT.—Not later than 30 SEC. 402. DUTIES. States Government that the Commission days after the end of each fiscal year, the (a) IN GENERAL.—The Commission shall as- considers appropriate. Secretary shall submit to the congressional sess the organization, structure, authorities, SEC. 404. PROCEDURES. defense committees a report on support pro- and capabilities of the operational (a) MEETINGS.—The Commission shall meet vided under this section during such fiscal counterterrorism capabilities of the Depart- at the call of the Chairman. year. Each such report shall describe the ment of Defense and the Central Intelligence (b) QUORUM.—(1) Five members of the Com- support provided, including a statement of Agency, including— mission shall constitute a quorum other the recipient of the support and the amount (1) the capability of each of the Depart- than for the purpose of holding hearings. obligated to provide the support. ment of Defense and the Central Intelligence (2) The Commission shall act by resolution (d) FISCAL YEAR 2005 LIMITATION.—Support Agency to deter, defend against, and defeat agreed to by a majority of the members of may be provided under subsection (a) during terrorists, terrorist organizations, and ter- the Commission. fiscal year 2005 only from funds made avail- rorist activities, both independently and in a (c) COMMISSION.—The Commission may es- able for the Department of Defense for oper- joint manner; and tablish panels composed of less than full ations and maintenance for that fiscal year. (2) the cooperation and coordination be- membership of the Commission for the pur- (e) NOTICE TO CONGRESS.—The Secretary tween the tactical, operational, and stra- pose of carrying out the duties of the Com- shall notify the congressional defense com- tegic counterterrorism elements and compo- mission. The actions of each such panel shall mittees of each exercise of the authority in nents of the Department of Defense and the be subject to the review and control of the subsection (a) not later than 30 days after Central Intelligence Agency. Commission. Any findings and determina- the exercise of such authority. (b) RECOMMENDATIONS.—(1) The Commis- tions made by such a panel shall not be con- (f) NOTICE TO CENTRAL INTELLIGENCE AGEN- sion shall— sidered the findings and determinations of CY.—Before each exercise of the authority in (A) identify problems and impediments to the Commission unless approved by the Com- subsection, or as soon thereafter as is prac- the improved effectiveness of the Depart- mission. ticable, the Secretary shall notify the Direc- ment of Defense and the Central Intelligence (d) AUTHORITY OF INDIVIDUALS TO ACT FOR tor of the Central Intelligence Agency of Agency in combating terrorism, when work- COMMISSION.—Any member or agent of the such exercise of such authority. ing both independently and jointly; and Commission may, if authorized by the Com- (B) make such recommendations, including mission, take any action which the Commis- SA 3900. Mr. FRIST submitted an recommendations for legislative and admin- sion is authorized to take under this title. amendment intended to be proposed by istrative action, as the Commission con- SEC. 405. PERSONNEL MATTERS. him to the bill S. 2845, to reform the in- siders appropriate to address the problems (a) PAY OF MEMBERS.—Members of the telligence community and the intel- and impediments identified under subpara- Commission shall serve without pay by rea- ligence and intelligence-related activi- graph (A) and to improve the effectiveness of son of their work on the Commission. each of the Department of Defense and the (b) TRAVEL EXPENSES.—The members of ties of the United States Government, Central Intelligence Agency in combatting and for other purposes; which was or- the Commission shall be allowed travel ex- terrorism when working both independently penses, including per diem in lieu of subsist- dered to lie on the table; as follows: and jointly. ence, at rates authorized for employees of On page 213, after line 12, add the fol- (2) The recommendations under paragraph agencies under subchapter I of chapter 57 of lowing: (1)(B) shall include recommendations on title 5, United States Code, while away from TITLE IV—COUNTERTERRORISM modifications in funding, authorities, orga- their homes or regular places of business in CAPABILITIES OF THE UNITED STATES nization, training, doctrine, resources to im- the performance of services for the Commis- SEC. 401. COMMISSION TO ASSESS THE OPER- prove the independent and joint effectiveness sion. ATIONAL COUNTERTERRORISM CA- of the operational elements and activities of (c) STAFF.—(1) The Chairman of the Com- PABILITIES OF THE UNITED STATES. the Department of Defense and of the Cen- mission may, without regard to the provi- (a) ESTABLISHMENT.—There is hereby es- tral Intelligence Agency regarding sions of title 5, United States Code, gov- tablished a commission to be known as the counterterrorism. erning appointments in the competitive ‘‘Commission to Assess the Operational (c) REPORTS.—(1) Not later than 12 months service, appoint a staff director and such ad- Counterterrorism Capabilities of the United after the date of the enactment of this Act, ditional personnel as may be necessary to States’’ (hereafter in this title referred to as the Commission shall submit to Congress an enable the Commission to perform its duties. the ‘‘Commission’’). interim report on the findings and conclu- The appointment of a staff director shall be (b) COMPOSITION.—The Commission shall be sions of the Commission as of the date of subject to the approval of the Commission. composed of 9 members appointed as follows: such report as a result of the assessment re- (2) The Chairman of the Commission may (1) The Speaker of the House of Represent- quired by subsection (a). fix the pay of the staff director and other atives shall appoint 2 members of the Com- (2) Not later than 18 months after the date personnel without regard to the provisions of mission. of the enactment of this Act, the Commis- chapter 51 and subchapter III of chapter 53 of (2) The majority leader of the Senate shall sion shall submit to Congress a final report title 5, United States Code, relating to clas- appoint 3 members of the Commission. containing a detailed statement of the find- sification of positions and General Schedule (3) The minority leader of the House of ings and conclusions of the Commission as a pay rates, except that the rate of pay fixed Representatives shall appoint 2 members of result of the assessment required by sub- under this paragraph for the staff director the Commission. section (a), together with the recommenda- may not exceed the rate payable for level V (4) The minority leader of the Senate shall tions of the Commission under subsection of the Executive Schedule under section 5316 appoint 2 members of the Commission. (b). of such title and the rate of pay for other (c) QUALIFICATIONS.—Members of the Com- (3) Each report under this subsection shall personnel may not exceed the maximum rate mission shall be appointed from among be submitted in unclassified form, but may payable for grade GS–15 of the General United States citizens with knowledge and include a classified annex. Schedule. expertise in the military, paramilitary, cov- SEC. 403. POWERS. (d) DETAIL OF GOVERNMENT EMPLOYEES.— ert, and clandestine aspects of (a) HEARINGS.—The Commission or, at its Upon request of the Chairman of the Com- counterterrorism operations. direction, any panel or member of the Com- mission, the head of any department, agen- (d) CHAIRMAN AND VICE CHAIRMAN.—The mission, may, for the purpose of carrying out cy, or element of the United States Govern- members of the Commission shall select a the provisions of this title, hold hearings, sit ment may detail, on a nonreimbursable September 30, 2004 CONGRESSIONAL RECORD — SENATE S10133 basis, any personnel of such department, by section 111 of the Maritime Transpor- Border and Transportation Security, in con- agency, or element to the Commission to as- tation Security Act of 2002 (46 U.S.C. 70116 sultation with the Secretary of Transpor- sist it in carrying out its duties. note). tation, shall complete a vulnerability assess- (e) PROCUREMENT OF TEMPORARY AND (b) OTHER REPORTS.—Within 90 days after ment of freight and passenger rail transpor- INTERMITTENT SERVICES.—The Chairman of the date of enactment of this Act— tation (encompassing railroads, as that term the Commission may procure temporary and (1) the Secretary of Homeland Security is defined in section 20102(1) of title 49, intermittent services under section 3109(b) of shall transmit to the Congress— United States Code). The assessment shall title 5, United States Code, at rates for indi- (A) a report on the establishment of the include— viduals which do not exceed the daily equiva- National Maritime Security Advisory Com- (A) identification and evaluation of crit- lent of the annual rate of basic pay payable mittee appointed under section 70112 of title ical assets and infrastructures; for level V of the Executive Schedule under 46, United States Code; and (B) identification of threats to those assets section 5316 of such title. (B) a report on the status of the program and infrastructures; SEC. 406. MISCELLANEOUS ADMINISTRATIVE established under section 70116 of title 46, (C) identification of vulnerabilities that PROVISIONS. United States Code, to evaluate and certify are specific to the transportation of haz- (a) POSTAL AND PRINTING SERVICES.—The secure systems of international intermodal ardous materials via railroad; and Commission may use the United States transportation; (D) identification of security weaknesses mails and obtain printing and binding serv- (2) the Secretary of Transportation shall in passenger and cargo security, transpor- ices in the same manner and under the same transmit to the Congress the annual report tation infrastructure, protection systems, conditions as other departments and agen- required by section 905 of the International procedural policies, communications sys- cies of the United States Government. Maritime and Port Security Act (46 U.S.C. tems, employee training, emergency re- (b) MISCELLANEOUS ADMINISTRATIVE AND App. 1802) that includes information that sponse planning, and any other area identi- SUPPORT SERVICES.—The Director of the Cen- should have been included in the last pre- fied by the assessment. tral Intelligence Agency shall furnish the ceding annual report that was due under that (2) EXISTING PRIVATE AND PUBLIC SECTOR Commission, on a reimbursable basis, any section; and EFFORTS.—The assessment shall take into ac- administrative and support services re- (3) the Commandant of the United States count actions taken or planned by both pub- quested by the Commission. Coast Guard shall transmit to Congress the lic and private entities to address identified SEC. 407. FUNDING. report required by section 110(b) of the Mari- security issues and assess the effective inte- (a) AVAILABILITY OF FUNDS.—Funds for the time Transportation Security Act of 2002 (46 gration of such actions. activities of the Commission shall be derived U.S.C. 70101 note). (3) RECOMMENDATIONS.—Based on the as- from amounts authorized to be appropriated (d) EFFECTIVE DATE.—Notwithstanding any sessment conducted under paragraph (1), the for the Department of Defense for operation other provision of this Act, this section Under Secretary, in consultation with the and maintenance for defense-wide activities takes effect on the date of enactment of this Secretary of Transportation, shall develop for fiscal year 2005. Act. prioritized recommendations for improving (b) DISBURSAL.—Upon receipt of a written rail security, including any recommenda- certification from the Chairman of the Com- SA 3902. Mr. CARPER submitted an tions the Under Secretary has for— mission specifying the funds required for the amendment intended to be proposed by (A) improving the security of rail tunnels, activities of the Commission, the Secretary him to the bill S. 2845, to reform the in- rail bridges, rail switching and car storage of Defense shall promptly disburse to the telligence community and the intel- areas, other rail infrastructure and facilities, Commission, from amounts referred to in ligence and intelligence-related activi- information systems, and other areas identi- subsection (a), the funds required by the ties of the United States Government, fied by the Under Secretary as posing signifi- Commission as stated in such certification. cant rail-related risks to public safety and and for other purposes; which was or- the movement of interstate commerce, tak- SEC. 408. TERMINATION. dered to lie on the table; as follows: The Commission shall terminate 60 days ing into account the impact that any pro- after the date of the submittal to Congress of At the end, insert the following new title: posed security measure might have on the its final report under section 402(c). TITLE IV—RAIL SECURITY provision of rail service; (B) deploying equipment to detect explo- SECTION 401. SHORT TITLE; TABLE OF CON- SA 3901. Mr. HOLLINGS submitted TENTS. sives and hazardous chemical, biological, and radioactive substances, and any appropriate an amendment intended to be proposed (a) SHORT TITLE.—This title may be cited by him to the bill S. 2845, to reform the as the ‘‘Rail Security Act of 2004’’. countermeasures; (C) training employees in terrorism pre- intelligence community and the intel- (b) TABLE OF CONTENTS.—The table of contents for this title is as follows: vention, passenger evacuation, and response ligence and intelligence-related activi- activities; ties of the United States Government, Sec. 401. Short title; table of contents. (D) conducting public outreach campaigns Sec. 402. Rail transportation security risk and for other purposes; which was or- on passenger railroads; assessment. (E) deploying surveillance equipment; and dered to lie on the table; as follows: Sec. 403. Rail security. (F) identifying the immediate and long- At the appropriate place, insert the fol- Sec. 404. Study of foreign rail transport se- term costs of measures that may be required lowing: curity programs. to address those risks. SEC. ———. DEADLINE FOR COMPLETION OF CER- Sec. 405. Passenger, baggage, and cargo (4) PLANS.—The report required by sub- TAIN PLANS, REPORTS, AND ASSESS- screening. section (c) shall include— MENTS. Sec. 406. Certain personnel limitations not (A) a plan, developed in consultation with (a) STRATEGIC PLAN REPORTS.—Within 90 to apply. days after the date of enactment of this Act, Sec. 407. Fire and life-safety improvements. the freight and intercity passenger railroads, the Secretary of Homeland Security shall Sec. 408. Memorandum of agreement. and State and local governments, for the transmit to the Congress— Sec. 409. Amtrak plan to assist families of government to provide increased security (1) a report on the status of the National passengers involved in rail pas- support at high or severe threat levels of Maritime Transportation Security Plan re- senger accidents. alert; and quired by section 70103(a) of title 46, United Sec. 410. Systemwide Amtrak security up- (B) a plan for coordinating rail security States Code, which may be submitted in grades. initiatives undertaken by the public and pri- classified and redacted format; Sec. 411. Freight and passenger rail security vate sectors. (2) a comprehensive program management upgrades. (b) CONSULTATION; USE OF EXISTING RE- plan that identifies specific tasks to be com- Sec. 412. Oversight and grant procedures. SOURCES.—In carrying out the assessment re- pleted and deadlines for completion for the Sec. 413. Rail security research and develop- quired by subsection (a), the Under Sec- transportation security card program under ment. retary of Homeland Security for Border and section 70105 of title 46, United States Code Sec. 414. Welded rail and tank car safety im- Transportation Security shall consult with that incorporates best practices for commu- provements. rail management, rail labor, owners or les- nicating, coordinating, and collaborating Sec. 415. Northern Border rail passenger re- sors of rail cars used to transport hazardous with the relevant stakeholders to resolve rel- port. materials, first responders, shippers of haz- evant issues, such as background checks; Sec. 416. Report regarding impact on secu- ardous materials, public safety officials (in- (3) a report on the status of negotiations rity of train travel in commu- cluding those within other agencies and of- under section 103 of the Maritime Transpor- nities without grade separa- fices within the Department of Homeland Se- tation Security Act of 2002 (46 U.S.C. 70111 tion. curity), and other relevant parties. note); Sec. 417. Whistleblower protection program. (c) REPORT.— (4) the report required by section 107(b) of SEC. 402. RAIL TRANSPORTATION SECURITY RISK (1) CONTENTS.—Within 180 days after the the Maritime Transportation Security Act of ASSESSMENT. date of enactment of this Act, the Under 2002 (33 U.S.C. 1226 note); and (a) IN GENERAL.— Secretary shall transmit to the Senate Com- (5) a report on the status of the develop- (1) VULNERABILITY ASSESSMENT.—The mittee on Commerce, Science, and Transpor- ment of the system and program mandated Under Secretary of Homeland Security for tation and the House of Representatives S10134 CONGRESSIONAL RECORD — SENATE September 30, 2004

Committee on Transportation and Infra- (b) PILOT PROGRAM.—As part of the study (d) AVAILABILITY OF APPROPRIATED structure a report containing the assessment under subsection (a), the Under Secretary FUNDS.—Amounts appropriated pursuant to and prioritized recommendations required by shall complete a pilot program of random se- this section shall remain available until ex- subsection (a) and an estimate of the cost to curity screening of passengers and baggage pended. implement such recommendations. at 5 passenger rail stations served by Am- (e) PLANS REQUIRED.—The Secretary may (2) FORMAT.—The Under Secretary may trak selected by the Under Secretary. In con- not make amounts available to Amtrak for submit the report in both classified and re- ducting the pilot program, the Under Sec- obligation or expenditure under subsection dacted formats if the Under Secretary deter- retary shall— (a)— mines that such action is appropriate or nec- (1) test a wide range of explosives detection (1) until Amtrak has submitted to the Sec- essary. technologies, devices and methods; retary, and the Secretary has approved, an (d) 2-YEAR UPDATES.—The Under Sec- (2) require that intercity rail passengers engineering and financial plan for such retary, in consultation with the Secretary of produce government-issued photographic projects; and Transportation, shall update the assessment identification which matches the name on (2) unless, for each project funded pursuant and recommendations every 2 years and the passenger’s tickets prior to boarding to this section, the Secretary has approved a transmit a report, which may be submitted trains; and project management plan prepared by Am- in both classified and redacted formats, to (3) attempt to give preference to locations trak addressing appropriate project budget, the Committees named in subsection (c)(1), at the highest risk of terrorist attack and construction schedule, recipient staff organi- containing the updated assessment and rec- achieve a distribution of participating train zation, document control and record keep- ommendations. stations in terms of geographic location, ing, change order procedure, quality control (e) AUTHORIZATION OF APPROPRIATIONS.— size, passenger volume, and whether the sta- and assurance, periodic plan updates, peri- There are authorized to be appropriated to tion is used by commuter rail passengers as odic status reports, and such other matters the Under Secretary of Homeland Security well as Amtrak passengers. the Secretary deems appropriate. for Border and Transportation Security (c) AUTHORIZATION OF APPROPRIATIONS.— (f) REVIEW OF PLANS.—The Secretary of There are authorized to be appropriated to $5,000,000 for fiscal year 2005 for the purpose Transportation shall complete the review of the Under Secretary of Homeland Security of carrying out this section. the plans required by paragraphs (1) and (2) SEC. 403. RAIL SECURITY. for Border and Transportation Security to carry out this section $5,000,000 for fiscal of subsection (e) and approve or disapprove (a) RAIL POLICE OFFICERS.—Section 28101 of year 2005. the plans within 45 days after the date on title 49, United States Code, is amended by which each such plan is submitted by Am- SEC. 406. CERTAIN PERSONNEL LIMITATIONS striking ‘‘the rail carrier’’ each place it ap- trak. If the Secretary determines that a plan pears and inserting ‘‘any rail carrier’’. NOT TO APPLY. Any statutory limitation on the number of is incomplete or deficient, the Secretary (b) REVIEW OF RAIL REGULATIONS.—Within employees in the Transportation Security shall notify Amtrak of the incomplete items 1 year after the date of enactment of this Administration of the Department of Trans- or deficiencies and Amtrak shall, within 30 Act, the Secretary of Transportation, in con- portation, before or after its transfer to the days after receiving the Secretary’s notifica- sultation with the Under Secretary of Home- Department of Homeland Security, does not tion, submit a modified plan for the Sec- land Security for Border and Transportation apply to the extent that any such employees retary’s review. Within 15 days after receiv- Security, shall review existing rail regula- are responsible for implementing the provi- ing additional information on items pre- tions of the Department of Transportation sions of this Act. viously included in the plan, and within 45 for the purpose of identifying areas in which days after receiving items newly included in those regulations need to be revised to im- SEC. 407. FIRE AND LIFE-SAFETY IMPROVE- MENTS. a modified plan, the Secretary shall either prove rail security. (a) LIFE-SAFETY NEEDS.—The Secretary of approve the modified plan, or, if the Sec- SEC. 404. STUDY OF FOREIGN RAIL TRANSPORT Transportation is authorized to make grants retary finds the plan is still incomplete or SECURITY PROGRAMS. to Amtrak for the purpose of making fire deficient, the Secretary shall identify in (a) REQUIREMENT FOR STUDY.—Within one and life-safety improvements to Amtrak writing to the Senate Committee on Com- year after the date of enactment of the Rail tunnels on the Northeast Corridor in New merce, Science, and Transportation and the Security Act of 2004, the Comptroller Gen- York, NY, Baltimore, MD, and Washington, House of Representatives Committee on eral shall complete a study of the rail pas- DC. Transportation and Infrastructure the por- senger transportation security programs (b) AUTHORIZATION OF APPROPRIATIONS.— tions of the plan the Secretary finds incom- that are carried out for rail transportation There are authorized to be appropriated to plete or deficient, approve all other portions systems in Japan, member nations of the Eu- the Secretary of Transportation for the pur- of the plan, obligate the funds associated ropean Union, and other foreign countries. poses of carrying out subsection (a) the fol- with those other portions, and execute an (b) PURPOSE.—The purpose of the study lowing amounts: agreement with Amtrak within 15 days shall be to identify effective rail transpor- (1) For the 6 New York tunnels to provide thereafter on a process for resolving the re- tation security measures that are in use in ventilation, electrical, and fire safety tech- maining portions of the plan. foreign rail transportation systems, includ- nology upgrades, emergency communication (g) FINANCIAL CONTRIBUTION FROM OTHER ing innovative measures and screening pro- and lighting systems, and emergency access TUNNEL USERS.—The Secretary shall, taking cedures determined effective. and egress for passengers— into account the need for the timely comple- (c) REPORT.—The Comptroller General (A) $100,000,000 for fiscal year 2005; tion of all portions of the tunnel projects de- shall submit a report on the results of the (B) $100,000,000 for fiscal year 2006; scribed in subsection (a)— study to the Senate Committee on Com- (C) $100,000,000 for fiscal year 2007; (1) consider the extent to which rail car- merce, Science, and Transportation and the (D) $100,000,000 for fiscal year 2008; and riers other than Amtrak use the tunnels; House of Representatives Committee on (E) $170,000,000 for fiscal year 2009. (2) consider the feasibility of seeking a fi- Transportation and Infrastructure. The re- (2) For the Baltimore & Potomac tunnel nancial contribution from those other rail port shall include the Comptroller General’s and the Union tunnel, together, to provide carriers toward the costs of the projects; and assessment regarding whether it is feasible adequate drainage, ventilation, communica- (3) obtain financial contributions or com- to implement within the United States any tion, lighting, and passenger egress up- mitments from such other rail carriers at of the same or similar security measures grades— levels reflecting the extent of their use of that are determined effective under the (A) $10,000,000 for fiscal year 2005; the tunnels, if feasible. study. (B) $10,000,000 for fiscal year 2006; SEC. 408. MEMORANDUM OF AGREEMENT. SEC. 405. PASSENGER, BAGGAGE, AND CARGO (C) $10,000,000 for fiscal year 2007; SCREENING. (D) $10,000,000 for fiscal year 2008; and (a) MEMORANDUM OF AGREEMENT.—Within (a) REQUIREMENT FOR STUDY AND REPORT.— (E) $17,000,000 for fiscal year 2009. 60 days after the date of enactment of this The Under Secretary of Homeland Security (3) For the Washington, DC Union Station Act, the Secretary of Transportation and the for Border and Transportation Security, in tunnels to improve ventilation, communica- Secretary of Homeland Security shall exe- cooperation with the Secretary of Transpor- tion, lighting, and passenger egress up- cute a memorandum of agreement governing tation, shall— grades— the roles and responsibilities of the Depart- (1) analyze the cost and feasibility of re- (A) $8,000,000 for fiscal year 2005; ment of Transportation and the Department quiring security screening for passengers, (B) $8,000,000 for fiscal year 2006; of Homeland Security, respectively, in ad- baggage, and cargo on passenger trains; and (C) $8,000,000 for fiscal year 2007; dressing railroad transportation security (2) report the results of the study, together (D) $8,000,000 for fiscal year 2008; and matters, including the processes the depart- with any recommendations that the Under (E) $8,000,000 for fiscal year 2009. ments will follow to promote communica- Secretary may have for implementing a rail (c) INFRASTRUCTURE UPGRADES.—There are tions, efficiency, and nonduplication of ef- security screening program to the Senate authorized to be appropriated to the Sec- fort. Committee on Commerce, Science, and retary of Transportation for fiscal year 2005 (b) RAIL SAFETY REGULATIONS.—Section Transportation and the House of Representa- $3,000,000 for the preliminary design of op- 20103(a) of title 49, United States Code, is tives Committee on Transportation and In- tions for a new tunnel on a different align- amended by striking ‘‘safety’’ the first place frastructure within 1 year after the date of ment to augment the capacity of the exist- it appears, and inserting ‘‘safety, including enactment of this Act. ing Baltimore tunnels. security,’’. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10135 SEC. 409. AMTRAK PLAN TO ASSIST FAMILIES OF reservation, pursuant to a plan submitted by acts of terrorism, sabotage, or other inter- PASSENGERS INVOLVED IN RAIL Amtrak under subsection (b), unless such li- city passenger rail and freight rail security PASSENGER ACCIDENTS. ability was caused by Amtrak’s conduct. threats, including— (a) IN GENERAL.—Chapter 243 of title 49, ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- (1) security and redundancy for critical United States Code, is amended by adding at TION.—Nothing in this section may be con- communications, computer, and train con- the end the following: strued as limiting the actions that Amtrak trol systems essential for secure rail oper- ‘‘§ 24316. Plans to address needs of families of may take, or the obligations that Amtrak ations; passengers involved in rail passenger acci- may have, in providing assistance to the (2) accommodation of cargo or passenger dents families of passengers involved in a rail pas- screening equipment at the United States- ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 senger accident. Mexico border or the United States-Canada months after the date of the enactment of ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— border; the Rail Security Act of 2004, Amtrak shall There are authorized to be appropriated to (3) the security of hazardous material submit to the Chairman of the National the Secretary of Transportation for the use transportation by rail; Transportation Safety Board and the Sec- of Amtrak $500,000 for fiscal year 2005 to (4) secure intercity passenger rail stations, retary of Transportation a plan for address- carry out this section. Amounts appro- trains, and infrastructure; ing the needs of the families of passengers priated pursuant to this subsection shall re- (5) structural modification or replacement involved in any rail passenger accident in- main available until expended.’’. of rail cars transporting high hazard mate- volving an Amtrak intercity train and re- (b) CONFORMING AMENDMENT.—The chapter rials to improve their resistance to acts of sulting in a loss of life. analysis for chapter 243 of title 49, United terrorism; ‘‘(b) CONTENTS OF PLANS.—The plan to be States Code, is amended by adding at the end (6) employee security awareness, prepared- submitted by Amtrak under subsection (a) the following: ness, passenger evacuation, and emergency shall include, at a minimum, the following: ‘‘24316. Plan to assist families of passengers response training; ‘‘(1) A process by which Amtrak will main- involved in rail passenger acci- (7) public security awareness campaigns for tain and provide to the National Transpor- dents.’’. passenger train operations; tation Safety Board and the Secretary of SEC. 410. SYSTEMWIDE AMTRAK SECURITY UP- (8) the sharing of intelligence and informa- Transportation, immediately upon request, a GRADES. tion about security threats; list (which is based on the best available in- (a) IN GENERAL—Subject to subsection (c), (9) to obtain train tracking and interoper- formation at the time of the request) of the the Under Secretary of Homeland Security able communications systems that are co- names of the passengers aboard the train for Border and Transportation Security is ordinated to the maximum extent possible; (whether or not such names have been authorized to make grants, through the Sec- (10) to hire additional police and security verified), and will periodically update the retary of Transportation, to Amtrak— officers, including canine units; and list. The plan shall include a procedure, with (1) to secure major tunnel access points (11) other improvements recommended by respect to unreserved trains and passengers and ensure tunnel integrity in New York, the report required by section 402, including not holding reservations on other trains, for Baltimore, and Washington, DC; infrastructure, facilities, and equipment up- Amtrak to use reasonable efforts to ascer- (2) to secure Amtrak trains; grades. tain the number and names of passengers (3) to secure Amtrak stations; (b) ACCOUNTABILITY.—The Under Secretary aboard a train involved in an accident. (4) to obtain a watch list identification shall adopt necessary procedures, including ‘‘(2) A plan for creating and publicizing a system approved by the Under Secretary; audits, to ensure that grants made under reliable, toll-free telephone number within 4 (5) to obtain train tracking and interoper- this section are expended in accordance with hours after such an accident occurs, and for able communications systems that are co- the purposes of this Act and the priorities providing staff, to handle calls from the fam- ordinated to the maximum extent possible; and other criteria developed by the Under ilies of the passengers. (6) to hire additional police and security Secretary. ‘‘(3) A process for notifying the families of officers, including canine units; and (c) EQUITABLE ALLOCATION.—The Under the passengers, before providing any public (7) to expand emergency preparedness ef- Secretary shall equitably distribute the notice of the names of the passengers, by forts. funds authorized by this section, taking into suitably trained individuals. (b) CONDITIONS.—The Secretary of Trans- account geographic location, and shall en- ‘‘(4) A process for providing the notice deportation may not disburse funds to Amtrak courage non-Federal financial participation scribed in paragraph (2) to the family of a under subsection (a) unless the projects are in awarding grants. With respect to grants passenger as soon as Amtrak has verified contained in a systemwide security plan ap- for passenger rail security, the Under Sec- that the passenger was aboard the train proved by the Under Secretary, in consulta- retary shall also take into account passenger (whether or not the names of all of the pas- tion with the Secretary of Transportation, volume and whether a station is used by sengers have been verified). and, for capital projects, meet the require- commuter rail passengers as well as inter- ‘‘(5) A process by which the family of each ments of section 407(e)(2). The plan shall in- city rail passengers. passenger will be consulted about the dis- clude appropriate measures to address secu- (d) CONDITIONS.—The Secretary of Trans- position of all remains and personal effects rity awareness, emergency response, and pas- portation may not disburse funds to Amtrak of the passenger within Amtrak’s control; senger evacuation training. under subsection (a) unless Amtrak meets that any possession of the passenger within (c) EQUITABLE GEOGRAPHIC ALLOCATION.— the conditions set forth in section 410(b) of Amtrak’s control will be returned to the The Under Secretary shall ensure that, sub- this Act. family unless the possession is needed for the ject to meeting the highest security needs on (e) ALLOCATION BETWEEN RAILROADS AND accident investigation or any criminal inves- Amtrak’s entire system, stations and facili- OTHERS.—Unless as a result of the assess- tigation; and that any unclaimed possession ties located outside of the Northeast Cor- ment required by section 402 the Under Sec- of a passenger within Amtrak’s control will ridor receive an equitable share of the secu- retary of Homeland Security for Border and be retained by the rail passenger carrier for rity funds authorized by this section. Transportation Security determines that at least 18 months. (d) AVAILABILITY OF FUNDS.—There are au- critical rail transportation security needs re- ‘‘(6) A process by which the treatment of thorized to be appropriated to the Under Sec- quire reimbursement in greater amounts to the families of nonrevenue passengers will be retary of Homeland Security for Border and any eligible entity, no grants under this sec- the same as the treatment of the families of Transportation Security $63,500,000 for fiscal tion may be made— revenue passengers. year 2005 for the purposes of carrying out (1) in excess of $65,000,000 to Amtrak; or ‘‘(7) An assurance that Amtrak will pro- this section. Amounts appropriated pursuant (2) in excess of $100,000,000 for the purposes vide adequate training to its employees and to this subsection shall remain available described in paragraphs (3) and (5) of sub- agents to meet the needs of survivors and until expended. section (a). family members following an accident. SEC. 411. FREIGHT AND PASSENGER RAIL SECU- (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(c) USE OF INFORMATION.—The National RITY UPGRADES. There are authorized to be appropriated to Transportation Safety Board, the Secretary (a) SECURITY IMPROVEMENT GRANTS.—The the Under Secretary of Homeland Security of Transportation, and Amtrak may not re- Under Secretary of Homeland Security for for Border and Transportation Security lease to any person information on a list ob- Border and Transportation Security is au- $350,000,000 for fiscal year 2005 to carry out tained under subsection (b)(1) but may pro- thorized to make grants to freight railroads, the purposes of this section. Amounts appro- vide information on the list about a pas- the Alaska Railroad, hazardous materials priated pursuant to this subsection shall re- senger to the family of the passenger to the shippers, owners of rail cars used in the main available until expended. extent that the Board or Amtrak considers transportation of hazardous materials, uni- (g) HIGH HAZARD MATERIALS DEFINED.—In appropriate. versities, colleges and research centers, this section, the term ‘‘high hazard mate- ‘‘(d) LIMITATION ON LIABILITY.—Amtrak State and local governments (for passenger rials’’ means poison inhalation hazard mate- shall not be liable for damages in any action facilities and infrastructure not owned by rials, Class 2.3 gases, Class 6.1 materials, and brought in a Federal or State court arising Amtrak), and, through the Secretary of anhydrous ammonia. out of the performance of Amtrak in pre- Transportation, to Amtrak, for full or par- SEC. 412. OVERSIGHT AND GRANT PROCEDURES. paring or providing a passenger list, or in tial reimbursement of costs incurred in the (a) SECRETARIAL OVERSIGHT.—The Sec- providing information concerning a train conduct of activities to prevent or respond to retary of Transportation may use up to 0.5 S10136 CONGRESSIONAL RECORD — SENATE September 30, 2004 percent of amounts made available to Am- audits, to ensure that grants made under outlined in ‘‘The Agreement on Air Trans- trak for capital projects under the Rail Secu- this section are expended in accordance with port Preclearance between the Government rity Act of 2004 to enter into contracts for the purposes of this Act and the priorities of Canada and the Government of the United the review of proposed capital projects and and other criteria developed by the Under States of America’’, dated January 18, 2001; related program management plans and to Secretary. (3) an assessment of the current program oversee construction of such projects. (d) AUTHORIZATION OF APPROPRIATIONS.— to provide preclearance of freight railroad (b) USE OF FUNDS.—The Secretary may use There are authorized to be appropriated to traffic between the United States and Can- amounts available under subsection (a) of the Under Secretary of Homeland Security ada as outlined in the ‘‘Declaration of Prin- this subsection to make contracts for safety, for Border and Transportation Security ciple for the Improved Security of Rail Ship- procurement, management, and financial $50,000,000 in each of fiscal years 2005 and 2006 ments by Canadian National Railway and compliance reviews and audits of a recipient to carry out the purposes of this section. Canadian Pacific Railway from Canada to of amounts under subsection (a). Amounts appropriated pursuant to this sub- the United States’’, dated April 2, 2003; (c) PROCEDURES FOR GRANT AWARD.—The section shall remain available until ex- (4) information on progress by the Depart- Under Secretary shall prescribe procedures pended. ment of Homeland Security and other Fed- and schedules for the awarding of grants eral agencies towards finalizing a bilateral under this Act, including application and SEC. 414. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS. protocol with Canada that would provide for qualification procedures (including a re- (a) TRACK STANDARDS.—Within 90 days preclearance of passengers on trains oper- quirement that the applicant have a security after the date of enactment of this Act, the ating between the United States and Canada; plan), and a record of decision on applicant Federal Railroad Administration shall— (5) a description of legislative, regulatory, eligibility. The procedures shall include the (1) require each track owner using contin- budgetary, or policy barriers within the execution of a grant agreement between the uous welded rail track to include procedures United States Government to providing pre- grant recipient and the Under Secretary. The screened passenger lists for rail passengers Under Secretary shall issue a final rule es- (in its procedures filed with the Administra- travelling between the United States and tablishing the procedures not later than 90 tion pursuant to section 213.119 of title 49, Canada to the Department of Homeland Se- days after the date of enactment of this Act. Code of Federal Regulations) to improve the identification of cracks in rail joint bars; curity; SEC. 413. RAIL SECURITY RESEARCH AND DEVEL- (6) a description of the position of the Gov- OPMENT. (2) instruct Administration track inspec- ernment of Canada and relevant Canadian (a) ESTABLISHMENT OF RESEARCH AND DE- tors to obtain copies of the most recent con- agencies with respect to preclearance of such VELOPMENT PROGRAM.—The Under Secretary tinuous welded rail programs of each rail- passengers; and of Homeland Security for Border and Trans- road within the inspectors’ areas of responsi- (7) a draft of any changes in existing Fed- portation Security, in conjunction with the bility and require that inspectors use those eral law necessary to provide for pre-screen- Secretary of Transportation, shall carry out programs when conducting track inspec- ing of such passengers and providing pre- a research and development program for the tions; and screened passenger lists to the Department purpose of improving freight and intercity (3) establish a program to periodically re- of Homeland Security. passenger rail security that may include review continuous welded rail joint bar inspec- search and development projects to— tion data from railroads and Administration SEC. 416. REPORT REGARDING IMPACT ON SECU- (1) reduce the vulnerability of passenger track inspectors and, whenever the Adminis- RITY OF TRAIN TRAVEL IN COMMU- trains, stations, and equipment to explosives tration determines that it is necessary or ap- NITIES WITHOUT GRADE SEPARA- TION. and hazardous chemical, biological, and ra- propriate, require railroads to increase the dioactive substances; frequency or improve the methods of inspec- (a) STUDY.—The Secretary of Homeland Se- (2) test new emergency response techniques tion of joint bars in continuous welded rail. curity shall, in consultation with State and and technologies; (b) TANK CAR STANDARDS.—The Federal local government officials, conduct a study (3) develop improved freight technologies, Railroad Administration shall— on the impact of blocked highway-railroad including— (1) within 1 year after the date of enact- grade crossings on the ability of emergency (A) technologies for sealing rail cars; ment of this Act, validate the predictive responders, including ambulances and police, (B) automatic inspection of rail cars; model it is developing to quantify the rel- fire, and other emergency vehicles, to per- (C) communication-based train controls; evant dynamic forces acting on railroad tank form public safety and security duties in the and cars under accident conditions; and event of a terrorist attack. (D) emergency response training; (2) within 18 months after the date of en- (b) REPORT.—Not later than 1 year after (4) test wayside detectors that can detect actment of this Act, initiate a rulemaking to the date of enactment of this Act, the Sec- tampering with railroad equipment; develop and implement appropriate design retary of Homeland Security shall submit a (5) support enhanced security for the trans- standards for pressurized tank cars. report to the Committee on Transportation portation of hazardous materials by rail, in- (c) OLDER TANK CAR IMPACT RESISTANCE and Infrastructure of the House of Rep- cluding— ANALYSIS AND REPORT.—Within 2 years after resentatives and the Committee on Com- (A) technologies to detect a breach in a the date of enactment of this Act, the Fed- merce, Science, and Transportation of the tank car and transmit information about the eral Railroad Administration shall— Senate on the findings of the study con- integrity of tank cars to the train crew; (1) conduct a comprehensive analysis to deducted under subsection (a) and rec- (B) research to improve tank car integrity, termine the impact resistance of the steels ommendations for reducing the impact of with a focus on tank cars that carry high in the shells of pressure tank cars con- blocked crossings on emergency response. hazard materials (as defined in section 411(g) structed before 1989; and SEC. 417. WHISTLEBLOWER PROTECTION PRO- of this Act; and (2) transmit a report to the Senate Com- GRAM. mittee on Commerce, Science, and Transpor- (C) techniques to transfer hazardous mate- (a) IN GENERAL.—Subchapter A of chapter rials from rail cars that are damaged or oth- tation and the House of Representatives 201 of title 49, United States Code, is amend- erwise represent an unreasonable risk to Committee on Transportation and Infra- ed by inserting after section 20115 the fol- human life or public safety; and structure with recommendations for meas- lowing: (6) other projects recommended in the re- ures to eliminate or mitigate the risk of cat- ‘‘§ 20116. Whistleblower protection for rail se- port required by section 402. astrophic failure. curity matters (b) COORDINATION WITH OTHER RESEARCH SEC. 415. NORTHERN BORDER RAIL PASSENGER INITIATIVES.—The Under Secretary of Home- REPORT. ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.— land Security for Border and Transportation Within 180 days after the date of enact- No rail carrier engaged in interstate or for- Security shall ensure that the research and ment of this Act, the Under Secretary of eign commerce may discharge a railroad em- development program authorized by this sec- Homeland Security for Border and Transpor- ployee or otherwise discriminate against a tion is coordinated with other research and tation Security, in consultation with the railroad employee because the employee (or development initiatives at the Department heads of other appropriate Federal depart- any person acting pursuant to a request of and the Department of Transportation. The ments and agencies and the National Rail- the employee)— Under Secretary of Homeland Security for road Passenger Corporation, shall transmit a (1) provided, caused to be provided, or is Border and Transportation Security shall report to the Senate Committee on Com- about to provide or cause to be provided, to carry out any research and development merce, Science, and Transportation and the the employer or the Federal Government in- project authorized by this section through a House of Representatives Committee on formation relating to a perceived threat to reimbursable agreement with the Secretary Transportation and Infrastructure that con- security; or of Transportation if the Secretary of Trans- tains— ‘‘(2) provided, caused to be provided, or is portation— (1) a description of the current system for about to provide or cause to be provided, tes- (1) is already sponsoring a research and de- screening passengers and baggage on pas- timony before Congress or at any Federal or velopment project in a similar area; or senger rail service between the United States State proceeding regarding a perceived (2) has a unique facility or capability that and Canada; threat to security; or would be useful in carrying out the project. (2) an assessment of the current program ‘‘(3) refused to violate or assist in the vio- (c) ACCOUNTABILITY.—The Under Secretary to provide preclearance of airline passengers lation of any law, rule or regulation related shall adopt necessary procedures, including between the United States and Canada as to rail security. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10137

‘‘(b) DISPUTE RESOLUTION.—A dispute, (c) PRINCIPAL DUTIES AND RESPONSIBIL- dent that the Director does not concur in the grievance, or claim arising under this sec- ITIES.—The National Intelligence Director appointment or recommendation (as the case tion is subject to resolution under section 3 shall be the head of the National may be). of the Railway Labor Act (45 U.S.C. 153). In Counterterrorism Center and the coordinator (2) Paragraph (1) applies to the following a proceeding by the National Railroad Ad- of counterterrorism activities for programs positions: justment Board, a division or delegate of the and projects within the National Foreign In- (A) The Director of the Counterterrorist Board, or another board of adjustment estab- telligence Program. Center of the Central Intelligence Agency. lished under section 3 to resolve the dispute, (d) SUPERVISION.—The National Intel- (B) The Assistant Director of the Federal grievance, or claim the proceeding shall be ligence Director shall report to the National Bureau of Investigation in charge of the expedited and the dispute, grievance, or Security Advisor on— Counterterrorism Division. claim shall be resolved not later than 180 (1) the budget and programs of the Na- (C) The Coordinator for Counterterrorism days after it is filed. If the violation is a tional Counterterrorism Center; of the Department of State. form of discrimination that does not involve (2) the activities of the Directorate of In- (h) DIRECTORATE OF INTELLIGENCE.—(1) The discharge, suspension, or another action af- telligence of the National Counterterrorism National Director of Intelligence shall estab- fecting pay, and no other remedy is available Center under subsection (e); lish and maintain within the National under this subsection, the Board, division, (3) the planning and progress of joint Counterterrorism Center a Directorate of In- delegate, or other board of adjustment may counter-terrorism operations; and telligence. award the employee reasonable damages, in- (4) the coordination of activities across the (2) The Directorate shall utilize the capa- cluding punitive damages, of not more than National Foreign Intelligence Program on bilities of the Terrorist Threat Integration $20,000. Counterterrorism activities. Center and such other capabilities as the he ‘‘(c) PROCEDURAL REQUIREMENTS.—Except (e) PRIMARY MISSIONS.—The primary mis- considers appropriate. as provided in subsection (b), the procedure sions of the National Counterterrorism Cen- (3) The Directorate shall have primary reset forth in section 42121(b)(2)(B) of this title, ter shall be as follows: sponsibility within the United States Gov- including the burdens of proof, applies to any (1) To develop and unify strategy for the ernment for analysis of terrorism and ter- complaint brought under this section. civilian and military counterterrorism ef- rorist organizations from all sources of intel- ‘‘(d) ELECTION OF REMEDIES.—An employee forts of the United States Government. ligence, whether collected inside or outside of a railroad carrier may not seek protection (2) To integrate counterterrorism intel- the United States. under both this section and another provi- ligence activities of the United States Gov- (4) The Directorate shall— sion of law for the same allegedly unlawful ernment, both inside and outside the United (A) be the principal repository within the act of the carrier. States. United States Government for all-source in- ‘‘(e) DISCLOSURE OF IDENTITY.— (3) To develop interagency formation on suspected terrorists, their or- ‘‘(1) Except as provided in paragraph (2) of counterterrorism plans, each of which ganizations, and their capabilities; this subsection, or with the written consent shall— (B) propose intelligence collection require- of the employee, the Secretary of Transpor- (A) involve more than one department, ments for action by elements of the intel- tation may not disclose the name of an em- agency, or element of the executive branch ligence community inside and outside the ployee of a railroad carrier who has provided (unless otherwise directed by the President); United States; information about an alleged violation of and (C) have primary responsibility within the this section. (B) include the mission, objectives to be United States Government for net assess- ‘‘(2) The Secretary shall disclose to the At- achieved, courses of action, parameters for ments and warnings about terrorist threats, torney General the name of an employee de- such courses of action, coordination of agen- which assessments and warnings shall be scribed in paragraph (1) of this subsection if cy strategic planning, recommendations for based on a comparison of terrorist intentions the matter is referred to the Attorney Gen- strategic planning, and assignment of de- and capabilities with assessed national eral for enforcement.’’. partmental or agency responsibilities. vulnerabilities and countermeasures; and (b) CONFORMING AMENDMENT.—The chapter (4) To ensure that the collection of (D) perform such other duties and func- analysis for chapter 201 of title 49, United counterterrorism intelligence, and the con- tions as the Director of the National States Code, is amended by inserting after duct of counterterrorism operations, by the Counterterrorism Center may prescribe. the item relating to section 20115 the fol- United States Government are informed by (i) DIRECTORATE OF PLANNING.—(1) The Na- lowing: the analysis of all-source intelligence. tional Intelligence Director shall establish and maintain within the National ‘‘20116. Whistleblower protection for rail se- (f) DUTIES AND RESPONSIBILITIES OF NA- Counterterrorism Center a Directorate of curity matters.’’. TIONAL INTELLIGENCE DIRECTOR.—Notwith- standing any other provision of law, at the Planning. SA 3903. Mr. STEVENS (for himself, direction of the President and the National (2) The Directorate shall have primary re- Security Council, the National Intelligence sponsibility for developing interagency Mr. INOUYE, and Mr. WARNER) sub- counterterrorism plans described in submitted an amendment intended to be Director shall— (1) provide unified strategic direction for section (e)(3). proposed by him to the bill S. 2845, to the civilian and military counterterrorism (3) The Directorate shall— reform the intelligence community and efforts of the United States Government and (A) provide guidance, and develop strategy the intelligence and intelligence-re- for the effective integration and and interagency plans, to counter terrorist lated activities of the United States deconfliction of counterterrorism intel- activities based on policy objectives and pri- Government, and for other purposes; ligence and operations across agency bound- orities established by the National Security which was ordered to lie on the table; aries, both inside and outside the United Council; (B) develop interagency plans under sub- as follows: States; (2) advise on the extent to which the paragraph (A) utilizing information and rec- On page 115, strike line 15 and all that fol- counterterrorism program recommendations ommendations obtained from personnel in lows through page 115, line 25. and budget proposals of the departments, other departments, agencies, and elements of the United States Government who have ex- SA 3904. Mr. STEVENS (for himself agencies, and elements of the United States Government conform to the priorities estab- pertise in the priorities, functions, assets, and Mr. INOUYE) submitted an amend- lished by the President and the National Se- programs, capabilities, and operations of ment intended to be proposed by him curity Council; and such departments, agencies, and elements to the bill S. 2845, to reform the intel- (3) perform such other duties as the Presi- with respect to counterterrorism; ligence community and the intel- dent or National Security Advisor may pre- (C) assign responsibilities for ligence and intelligence-related activi- scribe or are prescribed by law. counterterrorism operations to the Depart- ties of the United States Government, (g) ROLE OF DIRECTOR OF NATIONAL ment of Defense, the Central Intelligence Agency, the Federal Bureau of Investigation, and for other purposes; which was or- COUNTERTERRORISM CENTER IN CERTAIN AP- POINTMENTS.—(1) In the event of a vacancy in the Department of Homeland Security, and dered to lie on the table; as follows: a position referred to in paragraph (2), the other departments and agencies of the Strike all after the enacting clause, and in- head of the department or agency having ju- United States Government, consistent with sert the following: risdiction over the position shall consult the authorities of such departments and SECTION 1. NATIONAL INTELLIGENCE DIRECTOR. with the National Intelligence Director be- agencies; (a) INDEPENDENT ESTABLISHMENT.—There is fore appointing an individual to fill the va- (D) monitor the implementation of oper- a National Intelligence Director who shall be cancy or recommending to the President an ations assigned under subparagraph (C) and appointed by the President, by and with the individual for nomination to fill the va- update interagency plans for such operations advice and consent of the Senate. cancy. If the Director does not concur in the as necessary; (b) INDIVIDUALS ELIGIBLE FOR NOMINA- recommendation, the head of the department (E) report to the President and the Na- TION.—Any individual nominated for ap- or agency concerned may fill the vacancy or tional Intelligence Director on the compli- pointment as National Intelligence Director make the recommendation to the President ance of the departments, agencies, and ele- shall have extensive national security exper- (as the case may be) without the concurrence ments of the United States with the plans tise. of the Director, but shall notify the Presi- developed under subparagraph (A); and S10138 CONGRESSIONAL RECORD — SENATE September 30, 2004

(F) perform such other duties and func- (k) SUPPORT AND COOPERATION OF OTHER ligence matters with respect to the area of tions as the President or the National Secu- AGENCIES.—(1) The elements of the intel- intelligence responsibility assigned to the rity Advisor may prescribe. ligence community and the other depart- center. (4) The Directorate may not direct the exe- ments, agencies, and elements of the United (3) In carrying out duties under paragraph cution of operations assigned under para- States Government shall support, assist, and (2), the Director of a national intelligence graph (3). cooperate with the National center shall— (j) STAFF.—(1) The National Intelligence Counterterrorism Center in carrying out its (A) manage the operations of the center; Director may appoint deputy directors of the missions under this section. (B) coordinate the provision of administra- National Counterterrorism Center to oversee (2) The support, assistance, and cooperation and support by the element of the intel- such portions of the operations of the Center tion of a department, agency, or element of ligence community with lead responsibility as the National Intelligence Director con- the United States Government under this for the center under subsection (b)(1); siders appropriate. subsection shall include, but not be limited (C) submit budget and personnel requests (2) To assist in fulfilling the duties and re- to— for the center to the National Intelligence sponsibilities under this section, the Na- (A) the implementation of interagency Director; tional Intelligence Director shall employ in plans for operations, whether foreign or do- (D) seek such assistance from other depart- the National Counterterrorism Center a pro- mestic, that are developed by the National ments, agencies, and elements of the United fessional staff having an expertise in matters Counterterrorism Center in a manner con- States Government as is needed to fulfill the relating to such duties and responsibilities. sistent with the laws and regulations of the mission of the center; and (3) In providing for a professional staff for (E) advise the National Intelligence Direc- the National Counterterrorism Center under United States and consistent with the limi- tor of the information technology, personnel, paragraph (2), the National Intelligence Di- tation in subsection (i)(4); and other requirements of the center for the rector may establish as positions in the ex- (B) cooperative work with the National In- telligence Director of the National performance of its mission. cepted service such positions in the Center (4) The National Intelligence Director shall as the National Intelligence Director con- Counterterrorism Center to ensure that ongoing operations of such department, agen- ensure that the Director of a national intel- siders appropriate. ligence center has sufficient authority, di- (4) The National Intelligence Director shall cy, or element do not conflict with joint op- rection, and control to effectively accom- ensure that the analytical staff of the Na- erations planned by the Center; plish the mission of the center. tional Counterterrorism Center is composed (C) reports, upon request, to the National (d) MISSION OF CENTERS.—Pursuant to the primarily of experts from elements in the in- Intelligence Director on the progress of such direction of the National Intelligence Direc- telligence community and from such other department, agency, or element in imple- tor, the Director of a national intelligence personnel in the United States Government menting responsibilities assigned to such de- center shall, in the area of intelligence reas the National Intelligence Director con- partment, agency, or element through joint sponsibility assigned to the center by the Di- siders appropriate. operations plans; and (5)(A) In order to meet the requirements in (D) the provision to the analysts of the Na- rector pursuant to intelligence priorities es- paragraph (4), the National Intelligence Di- tional Counterterrorism Center of electronic tablished by the National Security Council— rector shall, from time to time— access in real time to information and intel- (1) have primary responsibility for pro- (i) specify the transfers, assignments, and ligence collected by such department, agen- viding all-source analysis of intelligence details of civilian personnel funded within cy, or element that is relevant to the mis- based upon foreign intelligence gathered the National Foreign Intelligence Program sions of the Center. both abroad and domestically; to the National Counterterrorism Center (3) In the event of a disagreement between (2) have primary responsibility for identi- from any other element of the intelligence the National Intelligence Director and the fying and proposing to the National Intel- community that the National Intelligence head of a department, agency, or element of ligence Director intelligence collection and Director considers appropriate; and the United States Government on a plan de- analysis requirements; (ii) in the case of civilian personnel from a veloped or responsibility assigned by the Na- (3) have primary responsibility for net as- department, agency, or element of the tional Counterterrorism Center under this sessments and warnings; United States Government and not funded subsection, the National Intelligence Direc- (4) ensure that appropriate officials of the within the National Foreign Intelligence tor may either accede to the head of the de- United States Government and other appro- Program, request the transfer, assignment, partment, agency, or element concerned or priate officials have access to a variety of in- or detail of such civilian personnel from the notify the National Security Advisor of the telligence assessments and analytical views; department, agency, or other element con- necessity of resolving the disagreement. and (5) perform such other duties as the Na- cerned. SEC. 2. NATIONAL INTELLIGENCE CENTERS. (B) The head of an element of the intel- tional Intelligence Director shall specify. (a) NATIONAL INTELLIGENCE CENTERS.—(1) (e) INFORMATION SHARING.—(1) The Na- ligence community shall promptly effectuate The National Intelligence Director may es- any transfer, assignment, or detail of civil- tional Intelligence Director shall ensure that tablish one or more centers, at the direction the Directors of the national intelligence ian personnel specified by the National Intel- of the President and with the concurrence of ligence Director under subparagraph (A)(i). centers and the other elements of the intel- the Congress to address intelligence prior- ligence community undertake appropriate (C) The head of a department, agency, or ities established by the National Security element of the United States Government re- sharing of intelligence analysis and plans for Council. Each such center shall be known as ceiving a request for transfer, assignment, or operations in order to facilitate the activi- a ‘‘national intelligence center’’. detail of civilian personnel under subpara- ties of the centers. (2) Each national intelligence center shall graph (A)(ii) shall, to the extent practicable, (2) In order to facilitate information shar- be assigned an area of intelligence responsi- approve the request. ing under paragraph (1), the Directors of the (6) Personnel employed in or assigned or bility. national intelligence centers shall report di- detailed to the National Counterterrorism (3) National intelligence centers shall be rectly to the National Intelligence Director Center under this subsection shall be under established at the direction of the President, regarding their activities under this section. the authority, direction, and control of the as prescribed by law, or upon the initiative (f) STAFF.—(1) In providing for a profes- National Intelligence Director on all matters of the National Intelligence Director. sional staff for a national intelligence cen- for which the Center has been assigned re- (b) ESTABLISHMENT OF CENTERS.—(1) In es- ter, the National Intelligence Director may sponsibility and for all matters related to tablishing a national intelligence center, the establish as positions in the excepted service the accomplishment of the missions of the National Intelligence Director shall assign such positions in the center as the National Center. lead responsibility for administrative sup- Intelligence Director considers appropriate. (7) Performance evaluations of personnel port for such center to an element of the in- (2)(A) The National Intelligence Director assigned or detailed to the National telligence community selected by the Direc- shall, from time to time— Counterterrorism Center under this sub- tor for that purpose. (i) specify the transfers, assignments, and section shall be undertaken by the super- (2) The Director shall determine the struc- details of civilian personnel funded within visors of such personnel at the Center. ture and size of each national intelligence the National Foreign Intelligence Program (8) The supervisors of the staff of the Na- center. to a national intelligence center from any tional Counterterrorism Center may, with (3) The Director shall notify Congress of other element of the intelligence community the approval of the National Intelligence Di- the establishment of each national intel- that the National Intelligence Director con- rector, reward the staff of the Center for ligence center before the date of the estab- siders appropriate; and meritorious performance by the provision of lishment of such center. (ii) in the case of civilian personnel from a such performance awards as the National In- (c) DIRECTORS OF CENTERS.—(1) Each na- department, agency, or element of the telligence Director shall prescribe. tional intelligence center shall have as its United States Government not funded within (9) The National Intelligence Director shall head a Director who shall be appointed by the National Foreign Intelligence Program, ensure that the staff of the National the National Intelligence Director for that request the transfer, assignment, or detail of Counterterrorism Center has access to all purpose. such civilian personnel from the department, databases maintained by the elements of the (2) The Director of a national intelligence agency, or other element concerned. intelligence community that are relevant to center shall serve as the principal adviser to (B)(i) The head of an element of the intel- the duties of the Center. the National Intelligence Director on intelligence community shall promptly effectuate September 30, 2004 CONGRESSIONAL RECORD — SENATE S10139 any transfer, assignment, or detail of civil- Sec. —01. Short title; table of contents ‘‘70118. Withholding of clearance ian personnel specified by the National Intel- Sec. —02. Enforcement; pier and wharf secu- ‘‘70119. Firearms, arrests, and seizure of ligence Director under subparagraph (A)(i). rity costs. property (ii) The head of a department, agency, or Sec. —03. Security at foreign ports. ‘‘70120. Enforcement by State and local element of the United States Government re- Sec. —04. Federal and State commercial officers ceiving a request for transfer, assignment, or maritime transportation train- ‘‘70121. Enforcement by injunction or detail of civilian personnel under subpara- ing. withholding of clearance graph (A)(ii) shall, to the extent practicable, Sec. —05. Transportation worker back- ‘‘70122. Security of piers and wharfs approve the request. ground investigation programs. ‘‘70123. Civil penalty’’. Sec. —06. Report on cruise ship security. (3) Civilian personnel employed in or as- (2) Section 70117(a) of title 46, United Sec. —07. Maritime transportation security signed or detailed to a national intelligence States Code, is amended by striking ‘‘section center under this subsection shall be under plan grants. Sec. —08. Report on design of maritime se- 70120’’ and inserting ‘‘section 70123’’. the authority, direction, and control of the (3) Section 70118(a) of such title is amended Director of the center on all matters for curity grant programs. Sec. —09. Effective date. by striking ‘‘under section 70120,’’ and insert- which the center has been assigned responsi- ing ‘‘under that section,’’. bility and for all matters related to the ac- SEC. —02. ENFORCEMENT; PIER AND WHARF SE- CURITY COSTS. SEC. —03. SECURITY AT FOREIGN PORTS. complishment of the mission of the center. (a) IN GENERAL.—Chapter 701 of title 46, (a) IN GENERAL.—Section 70109 of title 46, (4) Performance evaluations of personnel United States Code, is amended— United States Code, is amended— assigned or detailed to a national intel- (1) by redesignating the second section (1) by striking ‘‘The Secretary,’’ in sub- ligence center under this subsection shall be 70118 (relating to firearms, arrests, and sei- section (b) and inserting ‘‘The Administrator undertaken by the supervisors of such civil- zure of property), as added by section 801(a) of the Maritime Administration,’’; and ian personnel at the center. of the Coast Guard and Maritime Transpor- (2) by adding at the end the following: (5) The supervisors of the staff of a na- tation Act of 2004, as section 70119; ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.—The tional center may, with the approval of the (2) by redesignating the first section 70119 Administrator of the Maritime Administra- National Intelligence Director, reward the (relating to enforcement by State and local tion, in coordination with the Secretary of staff of the center for meritorious perform- officers), as added by section 801(a) of the State, shall identify foreign assistance pro- ance by the provision of such performance Coast Guard and Maritime Transportation grams that could facilitate implementation awards as the National Intelligence Director Act of 2004, as section 70120; of port security antiterrorism measures in shall prescribe. (3) by redesignating the second section foreign countries. The Administrator and the (6) The National Intelligence Director may 70119 (relating to civil penalty), as redesig- Secretary shall establish a program to uti- delegate to the Director of a national intel- nated by section 802(a)(1) of the Coast Guard lize those programs that are capable of im- ligence center any responsibility, power, or and Maritime Transportation Act of 2004, as plementing port security antiterrorism authority of the National Intelligence Direc- section 70123; and measures at ports in foreign countries that tor under paragraphs (1) through (5). (4) by inserting after section 70120 the fol- the Secretary finds, under section 70108, to (7) The Director of a national intelligence lowing: lack effective antiterrorism measures.’’. center may recommend to the National In- (b) REPORT ON SECURITY AT PORTS IN THE ‘‘§ 70121. Enforcement by injunction or with- telligence Director the reassignment to the CARIBBEAN BASIN.—Not later than 60 days holding of clearance home element concerned of any personnel after the date of enactment of this Act, the previously assigned or detailed to the center ‘‘(a) INJUNCTION.—The United States dis- Secretary of Homeland Security shall sub- from another element of the intelligence trict courts shall have jurisdiction to remit to the Committee on Commerce, community. strain violations of this chapter or of regula- Science, and Transportation of the Senate (g) TERMINATION.—The National Intel- tions issued hereunder, for cause shown. and Committee on Transportation and Infra- ‘‘(b) WITHHOLDING OF CLEARANCE.— ligence Director, in coordination with the structure of the House of Representatives a ‘‘(1) If any owner, agent, master, officer, or President and Congress, may terminate a na- report on the security of ports in the Carib- person in charge of a vessel is liable for a tional intelligence center if it is determined bean Basin. The report shall include the fol- penalty or fine under section 70119, or if rea- that the center is no longer required to meet lowing: sonable cause exists to believe that the an intelligence priority established by the (1) An assessment of the effectiveness of owner, agent, master, officer, or person in National Security Council. the measures employed to improve security charge may be subject to a penalty under SEC. 3. TRANSFER OF TERRORIST THREAT INTE- at ports in the Caribbean Basin and rec- section 70119, the Secretary may, with re- GRATION CENTER. ommendations for any additional measures spect to such vessel, refuse or revoke any The Terrorist Threat Integration Center is to improve such security. clearance required by section 4197 of the Re- transferred to the National (2) An estimate of the number of ports in vised Statutes of the United States (46 U.S.C. Counterterrorism Center. All functions and the Caribbean Basin that will not be secured App. 91). activities discharged by the Terrorist Threat by July 2004, and an estimate of the financial ‘‘(2) Clearance refused or revoked under Integration Center as of the date of the en- impact in the United States of any action this subsection may be granted upon filing of actment of this Act are transferred to the taken pursuant to section 70110 of title 46, a bond or other surety satisfactory to the National Counterterrorism Center. United States Code, that affects trade be- Secretary. SEC. 4. FUTURE ACTIVITIES. tween such ports and the United States. The President shall submit to the Con- ‘‘§ 70122. Security of piers and wharfs (3) An assessment of the additional re- gress, not later than 180 days after the date ‘‘(a) IN GENERAL.—Notwithstanding any sources and program changes that are nec- of the enactment of this Act, recommended other provision of law, the Secretary shall essary to maximize security at ports in the legislation for further reforming the intel- require imported merchandise, excluding Caribbean Basin. ligence community. The recommended legis- merchandise entered temporarily under SEC. —04. FEDERAL AND STATE COMMERCIAL lation may provide additional responsibil- bond, remaining on the wharf or pier onto MARITIME TRANSPORTATION TRAIN- ities for the National Intelligence Director. which it was unladen for more than 7 cal- ING. endar days without entry being made to be Section 109 of the Maritime Transportation SA 3905. Mr. LAUTENBERG sub- removed from the wharf or pier and depos- Security Act of 2002 (46 U.S.C. 70101 note) is mitted an amendment intended to be ited in the public stores, a general order amended— proposed by him to the bill S. 2845, to warehouse, or a centralized examination sta- (1) by redesignating subsections (c) tion where it shall be inspected for deter- reform the intelligence community and through (f) as subsections (d) through (g), re- mination of contents, and thereafter a per- spectively; and the intelligence and intelligence-remit for its delivery may be granted. (2) by inserting after subsection (b) the fol- lated activities of the United States ‘‘(b) PENALTY.—The Secretary may impose lowing: Government, and for other purposes; an administrative penalty of $5,000 on the ‘‘(c) FEDERAL AND STATE COMMERCIAL MAR- which was ordered to lie on the table; importer for each bill of lading for general ITIME TRANSPORTATION TRAINING.—The Sec- as follows: order merchandise remaining on a wharf or retary of Transportation shall establish a pier in violation of subsection (a), except At the appropriate place, insert the fol- curriculum, to be incorporated into the cur- that no penalty shall be imposed if the viola- lowing: riculum developed under subsection (a)(1), to tion was a result of force majeure.’’. educate and instruct Federal and State offi- TITLE —MARITIME TRANSPORTATION (b) CONFORMING AMENDMENTS.— cials on commercial maritime and inter- SECURITY (1) The chapter analysis for chapter 701 of modal transportation. The curriculum shall SEC. —01. SHORT TITLE; TABLE OF CONTENTS. title 46, United States Code, is amended by be designed to familiarize those officials (a) SHORT TITLE.—This title may be cited striking the items following the item relat- with commercial maritime transportation in as the ‘‘Maritime Transportation Security ing to section 70116 and inserting the fol- order to facilitate performance of their com- Act of 2004’’. lowing: mercial maritime and intermodal transpor- (b) TABLE OF CONTENTS.—The table of con- ‘‘70117. In rem liability for civil penalties tation security responsibilities. In devel- tents for this title is as follows: and certain costs oping the standards for the curriculum, the S10140 CONGRESSIONAL RECORD — SENATE September 30, 2004 Secretary shall consult with each agency in (6) A description of the need for and the mitted an amendment intended to be the Department of Homeland Security with feasibility of deploying explosive detection proposed by him to the bill S. 2845, to maritime security responsibilities to deter- systems and canine units at ports used by reform the intelligence community and mine areas of educational need. The Sec- cruise ships and an assessment of the cost of the intelligence and intelligence-re- retary shall also coordinate with the Federal such deployment. Law Enforcement Training Center in the de- (7) A summary of the fees paid by pas- lated activities of the United States velopment of the curriculum and the provi- sengers of cruise ships that are used for in- Government, and for other purposes; sion of training opportunities for Federal spections and the feasibility of creating a which was ordered to lie on the table; and State law enforcement officials at appro- dedicated passenger vessel security fund as follows: priate law enforcement training facilities.’’. from such fees. At the appropriate place, insert the fol- SEC. —05. TRANSPORTATION WORKER BACK- (8) The recommendations of the Secretary, lowing: GROUND INVESTIGATION PRO- if any, for measures that should be carried TITLE ll—THE ROLE OF DIPLOMACY, GRAMS. out to improve security of cruise ships that FOREIGN AID, AND THE MILITARY IN Within 120 days after the date of enact- originate at ports in foreign countries. ment of this Act, the Secretary of Homeland THE WAR ON TERRORISM (9) The recommendations of the Secretary, Security, after consultation with the Sec- if any, on the deployment of further meas- SEC. ll01. FINDINGS. retary of Transportation, shall transmit a ures to improve the security of cruise ships, Consistent with the report of the National report to the Senate Committee on Com- including explosive detection systems, ca- Commission on Terrorist Attacks Upon the merce, Science, and Transportation and the nine units, and the use of technology to im- United States, Congress makes the following House of Representatives Committee on findings: Transportation and Infrastructure— prove baggage screening, and an assessment of the cost of implementing such measures. (1) Long-term success in the war on ter- (1) making recommendations (including rorism demands the use of all elements of legislative recommendations, if appropriate SEC. —07. MARITIME TRANSPORTATION SECU- RITY PLAN GRANTS. national power, including diplomacy, mili- or necessary) for harmonizing, combining, or Section 70107(a) of title 46, United States tary action, intelligence, covert action, law coordinating requirements, procedures, and Code, is amended to read as follows: enforcement, economic policy, foreign aid, programs for conducting background checks ‘‘(a) IN GENERAL.—The Under Secretary of public diplomacy, and homeland defense. under section 70105 of title 46, United States Homeland Security for Border and Transpor- (2) To win the war on terrorism, the United Code, section 5103a(c) of title 49, United tation Security shall establish a grant pro- States must assign to economic and diplo- States Code, section 44936 of title 49, United gram for making a fair and equitable alloca- matic capabilities the same strategic pri- States Code, and other provisions of Federal tion of funds to implement Area Maritime ority that is assigned to military capabili- law or regulations requiring background Transportation Security Plans and to help ties. checks for individuals engaged in transpor- fund compliance with Federal security plans (3) The legislative and executive branches tation or transportation-related activities; among port authorities, facility operators, of the Government of the United States must (2) setting forth a detailed timeline for im- and State and local agencies required to pro- commit to robust, long-term investments in plementation of such harmonization, com- vide security services. Grants shall be made all of the tools necessary for the foreign pol- bination, or coordination; on the basis of threat-based risk assess- icy of the United States to successfully ac- (3) setting forth a plan with a detailed ments, consistent with the national strategy complish the goals of the United States. timeline for the implementation of the for transportation security, subject to re- (4) The investments referred to in para- Transportation Worker Identification Cre- view and comment by the appropriate Fed- graph (3) will require increased funding to dential in seaports; eral Maritime Security Coordinators and the United States foreign affairs programs in (4) making recommendations for a waiver Maritime Administration. The grant pro- general, and to priority areas as described in and appeals process for issuing a transpor- gram shall take into account national eco- this title in particular. tation security card to an individual found nomic and strategic defense concerns and otherwise ineligible for such a card under shall be coordinated with the Director of the SEC. ll02. TERRORIST SANCTUARIES. section 70105(c)(2) and (3) of title 46, United Office of Domestic Preparedness to ensure (a) FINDINGS.—Consistent with the report States Code, along with recommendations on that the grant process is consistent with of the National Commission on Terrorist At- the appropriate level of funding for such a other Department of Homeland Security tacks Upon the United States, Congress process; and grant programs.’’. makes the following findings: (5) making recommendations for how infor- SEC. —08. REPORT ON DESIGN OF MARITIME SE- (1) Complex terrorist operations require lo- mation collected through the Transportation CURITY GRANT PROGRAMS. cations that provide such operations sanc- Worker Identification Credential program Within 90 days after the date of enactment tuary from interference by government or may be shared with port officials, terminal of this Act, the Secretary of Homeland Secu- law enforcement personnel. operators, and other officials responsible for rity shall transmit a report to the Senate (2) A terrorist sanctuary existed in Afghan- maintaining access control while also pro- Committee on Commerce, Science, and istan before September 11, 2001. tecting workers’ privacy. Transportation and the House of Representa- (3) The terrorist sanctuary in Afghanistan SEC. —06. REPORT ON CRUISE SHIP SECURITY. tives Committee on Transportation and In- provided direct and indirect value to mem- (a) IN GENERAL.—Not later than 120 days frastructure on the design of maritime secu- bers of al Qaeda who participated in the ter- after the date of enactment of this Act, the rity grant programs that includes rec- rorist attacks on the United States on Sep- Secretary of Homeland Security shall sub- ommendations on— tember 11, 2001, and in other terrorist oper- mit to the Senate Committee on Commerce, (1) whether the grant programs should be ations. Science, and Transportation and the House discretionary or formula based and why; (4) Terrorist organizations have fled to of Representatives Committee on Transpor- (2) requirements for ensuring that Federal some of the least governed and most lawless tation and Infrastructure a report on the se- funds will not be substituted for grantee places in the world to find sanctuary. curity of ships and facilities used in the funds; (5) During the 21st century, terrorists are cruise line industry. (3) targeting requirements to ensure that focusing on remote regions and failing states (b) CONTENT.—The report required by sub- funding is directed in a manner that reflects as locations to seek sanctuary. section (a) shall include an assessment of se- a national, risk-based perspective on priority (b) SENSE OF CONGRESS.—It is the sense of curity measures employed by the cruise line needs, the fiscal capacity of recipients to Congress that— industry, including the following: fund the improvements without grant funds, (1) the United States Government should (1) An assessment of the security of cruise and an explicit analysis of the impact of identify and prioritize locations that are or ships that originate at ports in foreign coun- minimum funding to small ports that could that could be used as terrorist sanctuaries; tries. affect funding available for the most stra- (2) the United States Government should (2) An assessment of the security of ports tegic or economically important ports; have a realistic strategy that includes the utilized for cruise ship docking. (4) matching requirements to ensure that use of all elements of national power to keep (3) The costs incurred by the cruise line in- Federal funds provide an incentive to grant- possible terrorists from using a location as a dustry to carry out the measures required by ees for the investment of their own funds in sanctuary; and the Maritime Transportation Security Act of the improvements financed in part by Fed- (3) the United States Government should 2002 (Public Law 107–295; 116 Stat. 2064) and eral funds; and reach out, listen to, and work with countries the amendments made by that Act. (5) the need for multiple year funding to in bilateral and multilateral fora to prevent (4) The costs of employing canine units and provide funds for multiple year grant agree- locations from becoming sanctuaries and to hand-held explosive detection wands at ments. prevent terrorists from using locations as ports, including the costs of screening pas- SEC. —09. EFFECTIVE DATE. sanctuaries. sengers and baggage with such methods. Notwithstanding any other provision of SEC. ll03. ROLE OF PAKISTAN IN COUNTERING (5) An assessment of security measures this Act, this title takes effect on the date of TERRORISM. taken by the Secretary of Homeland Secu- enactment of this Act. (a) FINDINGS.—Consistent with the report rity to increase the security of the cruise of the National Commission on Terrorist At- line industry and the costs incurred to carry SA 3906. Mr. McCAIN (for himself, tacks Upon the United States, Congress out such security measures. Mr. LIEBERMAN, and Mr. BAYH) sub- makes the following findings: September 30, 2004 CONGRESSIONAL RECORD — SENATE S10141 (1) The Government of Pakistan has a crit- (3) The United States and the international published by the Government of Afghani- ical role to perform in the struggle against community must make a long-term commit- stan. Islamist terrorism. ment to addressing the deteriorating secu- (2) The endemic poverty, widespread cor- rity situation in Afghanistan and the bur- SEC. ll05. THE UNITED STATES-SAUDI ARABIA RELATIONSHIP. ruption, and frequent ineffectiveness of gov- geoning narcotics trade, endemic poverty, ernment in Pakistan create opportunities for and other serious problems in Afghanistan in (a) FINDINGS.—Consistent with the report Islamist recruitment. order to prevent that country from relapsing of the National Commission on Terrorist At- (3) The poor quality of education in Paki- into a sanctuary for international terrorism. tacks Upon the United States, Congress stan is particularly worrying, as millions of (b) SENSE OF CONGRESS.— makes the following findings: (1) ACTIONS FOR AFGHANISTAN.—It is the families send their children to madrassahs, (1) Despite a long history of friendly rela- sense of Congress that the Government of some of which have been used as incubators tions with the United States, Saudi Arabia the United States should take, with respect for violent extremism. has been a problematic ally in combating (4) The vast unpoliced regions in Pakistan to Afghanistan, the following actions: Islamist extremism. make the country attractive to extremists (A) Working with other nations to obtain (2) Cooperation between the Governments seeking refuge and recruits and also provide long-term security, political, and financial of the United States and Saudi Arabia has a base for operations against coalition forces commitments and fulfillment of pledges to traditionally been carried out in private. in Afghanistan. the Government of Afghanistan to accom- (3) Counterterrorism cooperation between (5) A stable Pakistan, with a moderate, re- plish the objectives of the Afghanistan Free- sponsible government that serves as a voice dom Support Act of 2002 (22 U.S.C. 7501 et the Governments of the United States and of tolerance in the Muslim world, is critical seq.), especially to ensure a secure, demo- Saudi Arabia has improved significantly to stability in the region. cratic, and prosperous Afghanistan that re- since the terrorist bombing attacks in Ri- (6) There is a widespread belief among the spects the rights of its citizens and is free of yadh, Saudi Arabia, on May 12, 2003, espe- people of Pakistan that the United States international terrorist organizations. cially cooperation to combat terror groups has long treated them as allies of conven- (B) Using the voice and vote of the United operating inside Saudi Arabia. ience. States in relevant international organiza- (4) The Government of Saudi Arabia is now (b) SENSE OF CONGRESS.—It is the sense of tions, including the North Atlantic Treaty pursuing al Qaeda within Saudi Arabia and Congress that— Organization and the United Nations Secu- has begun to take some modest steps toward (1) the United States should make a long- rity Council, to strengthen international internal reform. term commitment to fostering a stable and commitments to assist the Government of (5) Nonetheless, the Government of Saudi secure future in Pakistan, as long as its lead- Afghanistan in enhancing security, building Arabia has been at times unresponsive to ers remain committed to combatting ex- national police and military forces, increas- United States requests for assistance in the tremists and extremism, ending the pro- ing counter-narcotics efforts, and expanding global war on Islamist terrorism. liferation of weapons of mass destruction, se- infrastructure and public services through- (6) The Government of Saudi Arabia has curing its borders, and gaining internal con- out the country. not done all it can to prevent nationals of trol of all its territory while pursuing poli- (C) Taking appropriate steps to increase Saudi Arabia from funding and supporting cies that strengthen civil society, promote the assistance provided under programs of extremist organizations in Saudi Arabia and moderation and advance socio-economic the Department of State and the United other countries. progress; States Agency for International Develop- (b) SENSE OF CONGRESS.—It is the sense of (2) Pakistan should make sincere efforts to ment throughout Afghanistan and to in- transition to democracy, enhanced rule of crease the number of personnel of those Congress that— law, and robust civil institutions, and United agencies in Afghanistan as necessary to sup- (1) the problems in the relationship be- States policy toward Pakistan should pro- port the increased assistance. tween the United States and Saudi Arabia mote such a transition; (2) REVISION OF AFGHANISTAN FREEDOM SUP- must be confronted openly, and the opportu- (3) the United States assistance to Paki- PORT ACT OF 2002.—It is the sense of Congress nities for cooperation between the countries stan should be maintained at the overall lev- that Congress should, in consultation with must be pursued openly by those govern- els requested by the President for fiscal year the President, update and revise, as appro- ments; 2005; priate, the Afghanistan Freedom Support (2) both governments must build a rela- (4) the United States should support the Act of 2002. tionship that they can publicly defend and Government of Pakistan with a comprehen- (c) AUTHORIZATION OF APPROPRIATIONS.— that is based on other national interests in sive effort that extends from military aid to (1) IN GENERAL.—There are authorized to be addition to their national interests in oil; support for better education; appropriated to the President for each of the (3) this relationship should include a (5) the United States Government should fiscal years 2005 through 2009 such sums as shared commitment to political and eco- devote particular attention and resources to may be necessary to provide assistance for nomic reform in Saudi Arabia; assisting in the improvement of the quality Afghanistan, unless otherwise authorized by (4) this relationship should also include a of education in Pakistan; and Congress, for the following purposes: shared interest in greater tolerance and re- (6) the Government of Pakistan should de- (A) For development assistance under sec- spect for other cultures in Saudi Arabia and vote additional resources of such Govern- tions 103, 105, and 106 of the Foreign Assist- a commitment to fight the violent extrem- ment to expanding and improving modern ance Act of 1961 (22 U.S.C. 2151a, 2151c, and ists who foment hatred in the Middle East; public education in Pakistan. 2151d). and SEC. ll04. AID TO AFGHANISTAN. (B) For children’s health programs under (5) the Government of Saudi Arabia must (a) FINDINGS.—Consistent with the report the Child Survival and Health Program Fund do all it can to prevent nationals of Saudi of the National Commission on Terrorist At- under section 104 of the Foreign Assistance Arabia from funding and supporting extrem- tacks Upon the United States, Congress Act of 1961 (22 U.S.C. 2151b). ist organizations in Saudi Arabia and other makes the following findings: (C) For economic assistance under the Eco- countries. (1) The United States and its allies in the nomic Support Fund under chapter 4 of part international community have made II of the Foreign Assistance Act of 1961 (22 SEC. ll06. EFFORTS TO COMBAT ISLAMIST TER- progress in promoting economic and polit- U.S.C. 2346 et seq.). RORISM. ical reform within Afghanistan, including (D) For international narcotics and law en- (a) FINDINGS.—Consistent with the report the establishment of a central government forcement under section 481 of the Foreign of the National Commission on Terrorist At- with a democratic constitution, a new cur- Assistance Act of 1961 (22 U.S.C. 2291). tacks Upon the United States, Congress rency, and a new army, the increase of per- (E) For nonproliferation, anti-terrorism, makes the following findings: sonal freedom, and the elevation of the demining, and related programs. (1) While support for the United States has standard of living of many Afghans. (F) For international military education plummeted in the Islamic world, many nega- (2) A number of significant obstacles must and training under section 541 of the Foreign tive views are uninformed, at best, and, at be overcome if Afghanistan is to become a Assistance Act of 1961 (22 U.S.C. 2347). worst, are informed by coarse stereotypes secure and prosperous democracy, and such a (G) For Foreign Military Financing Pro- and caricatures. transition depends in particular upon— gram grants under section 23 of the Arms Ex- (2) Local newspapers in Islamic countries (A) improving security throughout the port Control Act (22 U.S.C. 2763). and influential broadcasters who reach Is- country; (H) For peacekeeping operations under sec- lamic audiences through satellite television (B) disarming and demobilizing militias; tion 551 of the Foreign Assistance Act of 1961 often reinforce the idea that the people and (C) curtailing the rule of the warlords; (22 U.S.C. 2348). Government of the United States are anti- (D) promoting equitable economic develop- (2) CONDITIONS FOR ASSISTANCE.—Assistance Muslim. ment; provided by the President under this sub- (E) protecting the human rights of the peo- section— (b) SENSE OF CONGRESS.—It is the sense of ple of Afghanistan; (A) shall be consistent with the Afghani- Congress that— (F) holding elections for public office; and stan Freedom Support Act of 2002; and (1) the Government of the United States (G) ending the cultivation and trafficking (B) shall be provided with reference to the should offer an example of moral leadership of narcotics. ‘‘Securing Afghanistan’s Future’’ document in the world that includes a commitment to S10142 CONGRESSIONAL RECORD — SENATE September 30, 2004 treat all people humanely, abide by the rule values reach large audiences in the Islamic late more of the world’s knowledge into local of law, and be generous to the people and world and should be robustly supported; languages and local libraries to house such governments of other countries; (3) the United States Government could materials; and (2) the United States should cooperate with and should do more to engage the Muslim (B) more vocational education in trades governments of Islamic countries to foster world in the struggle of ideas; and and business skills. agreement on respect for human dignity and (4) the United States Government should (6) The Middle East can benefit from some opportunity, and to offer a vision of a better more intensively employ existing broadcast of the same programs to bridge the digital future that includes stressing life over death, media in the Islamic world as part of this en- divide that already have been developed for individual educational and economic oppor- gagement. other regions of the world. tunity, widespread political participation, (c) AUTHORIZATIONS OF APPROPRIATIONS.— (b) INTERNATIONAL YOUTH OPPORTUNITY contempt for indiscriminate violence, re- There are authorized to be appropriated to FUND.— spect for the rule of law, openness in dis- the President for each of the fiscal years 2005 (1) ESTABLISHMENT.—The President shall cussing differences, and tolerance for oppos- through 2009 such sums as may be necessary establish an International Youth Oppor- ing points of view; to carry out United States Government tunity Fund to provide financial assistance (3) the United States should encourage re- broadcasting activities under the United for the improvement of public education in form, freedom, democracy, and opportunity States Information and Educational Ex- the Middle East. for Arabs and Muslims and promote modera- change Act of 1948 (22 U.S.C. 1431 et seq.), the (2) INTERNATIONAL PARTICIPATION.—The tion in the Islamic world; and United States International Broadcasting President shall seek the cooperation of the (4) the United States should work to defeat Act of 1994 (22 U.S.C. 6201 et seq.), and the international community in establishing and extremist ideology in the Islamic world by Foreign Affairs Reform and Restructuring generously supporting the Fund. providing assistance to moderate Arabs and Act of 1998 (22 U.S.C. 6501 et seq.), and to Muslims to combat extremist ideas. carry out other activities under this section (c) AUTHORIZATION OF APPROPRIATIONS.— SEC. ll07. UNITED STATES POLICY TOWARD consistent with the purposes of such Acts, There are authorized to be appropriated to DICTATORSHIPS. unless otherwise authorized by Congress. the President for the establishment of the (a) FINDING.—Consistent with the report of SEC. ll09. EXPANSION OF UNITED STATES International Youth Opportunity Fund, in the National Commission on Terrorist At- SCHOLARSHIP AND EXCHANGE PRO- addition to any amounts otherwise available GRAMS IN THE ISLAMIC WORLD. tacks Upon the United States, Congress finds (a) FINDINGS.—Consistent with the report for such purpose, such sums as may be nec- that short-term gains enjoyed by the United of the National Commission on Terrorist At- essary for each of the fiscal years 2005 States through cooperation with repressive tacks Upon the United States, Congress through 2009, unless otherwise authorized by dictatorships have often been outweighed by makes the following findings: Congress. long-term setbacks for the stature and inter- (1) Exchange, scholarship, and library pro- ests of the United States. ll grams are effective ways for the United SEC. 11. THE USE OF ECONOMIC POLICIES TO (b) SENSE OF CONGRESS.—It is the sense of COMBAT TERRORISM. States Government to promote internation- Congress that— ally the values and ideals of the United (a) FINDINGS.—Consistent with the report (1) United States foreign policy should pro- States. of the National Commission on Terrorist At- mote the value of life and the importance of (2) Exchange, scholarship, and library pro- tacks Upon the United States, Congress individual educational and economic oppor- grams can expose young people from other tunity, encourage widespread political par- makes the following findings: countries to United States values and offer ticipation, condemn indiscriminate violence, (1) While terrorism is not caused by pov- them knowledge and hope. and promote respect for the rule of law, erty, breeding grounds for terrorism are cre- (b) SENSE OF CONGRESS.—It is the sense of openness in discussing differences among ated by backward economic policies and re- Congress that the United States should ex- pressive political regimes. people, and tolerance for opposing points of pand its exchange, scholarship, and library view; and (2) Policies that support economic develop- programs, especially those that benefit peo- ment and reform also have political implica- (2) the United States Government must ple in the Arab and Muslim worlds. prevail upon the governments of all predomi- tions, as economic and political liberties are (c) AUTHORITY TO EXPAND EDUCATIONAL often linked. nantly Muslim countries, including those AND CULTURAL EXCHANGES.—The President is that are friends and allies of the United (3) The United States is working toward authorized to substantially expand the ex- creating a Middle East Free Trade Area by States, to condemn indiscriminate violence, change, scholarship, and library programs of promote the value of life, respect and pro- 2013 and implementing a free trade agree- the United States, especially such programs ment with Bahrain, and free trade agree- mote the principles of individual education that benefit people in the Arab and Muslim and economic opportunity, encourage wide- ments exist between the United States and worlds. Israel and the United States and Jordan. spread political participation, and promote (d) AVAILABILITY OF FUNDS.—Of the (4) Existing and proposed free trade agree- the rule of law, openness in discussing dif- amounts authorized to be appropriated for ments between the United States and Is- ferences among people, and tolerance for op- educational and cultural exchange programs lamic countries are drawing interest from posing points of view. in each of the fiscal years 2005 through 2009, other countries in the Middle East region, SEC. ll08. PROMOTION OF UNITED STATES VAL- there is authorized to be made available to and Islamic countries can become full par- UES THROUGH BROADCAST MEDIA. the Secretary of State such sums as may be ticipants in the rules-based global trading (a) FINDINGS.—Consistent with the report necessary to carry out programs under this system, as the United States considers low- of the National Commission on Terrorist At- section, unless otherwise authorized by Con- ering its barriers to trade with the poorest tacks Upon the United States, Congress gress. Arab countries. makes the following findings: SEC. ll10. INTERNATIONAL YOUTH OPPOR- (1) Although the United States has dem- TUNITY FUND. (b) SENSE OF CONGRESS.—It is the sense of onstrated and promoted its values in defend- (a) FINDINGS.—Consistent with the report Congress that— ing Muslims against tyrants and criminals in of the National Commission on Terrorist At- (1) a comprehensive United States strategy Somalia, Bosnia, Kosovo, Afghanistan, and tacks Upon the United States, Congress to counter terrorism should include eco- Iraq, this message is not always clearly pre- makes the following findings: nomic policies that encourage development, sented and understood in the Islamic world. (1) Education that teaches tolerance, the open societies, and opportunities for people (2) If the United States does not act to vig- dignity and value of each individual, and re- to improve the lives of their families and to orously define its message in the Islamic spect for different beliefs is a key element in enhance prospects for their children’s future; world, the image of the United States will be any global strategy to eliminate Islamist (2) one element of such a strategy should defined by Islamic extremists who seek to terrorism. encompass the lowering of trade barriers demonize the United States. (2) Education in the Middle East about the with the poorest countries that have a sig- (3) Recognizing that many Arab and Mus- world outside that region is weak. nificant population of Arab or Muslim indi- lim audiences rely on satellite television and (3) The United Nations has rightly equated viduals; radio, the United States Government has literacy with freedom. (3) another element of such a strategy launched promising initiatives in television (4) The international community is moving should encompass United States efforts to and radio broadcasting to the Arab world, toward setting a concrete goal of reducing by promote economic reform in countries that Iran, and Afghanistan. half the illiteracy rate in the Middle East by have a significant population of Arab or (b) SENSE OF CONGRESS.—It is the sense of 2010, through the implementation of edu- Muslim individuals, including efforts to inte- Congress that— cation programs targeting women and girls grate such countries into the global trading (1) the United States must do more to de- and programs for adult literacy, and by system; and fend and promote its values and ideals to the other means. (4) given the importance of the rule of law broadest possible audience in the Islamic (5) To be effective, efforts to improve edu- in promoting economic development and at- world; cation in the Middle East must also in- tracting investment, the United States (2) United States efforts to defend and pro- clude— should devote an increased proportion of its mote these values and ideals are beginning (A) support for the provision of basic edu- assistance to countries in the Middle East to to ensure that accurate expressions of these cation tools, such as textbooks that trans- the promotion of the rule of law. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10143

SEC. ll12. MIDDLE EAST PARTNERSHIP INITIA- (2) Article 3 of the Convention Relative to (2) RELATIONSHIP TO GENEVA CONVEN- TIVE. the Treatment of Prisoners of War, done at TIONS.—Nothing in this section shall affect (a) AUTHORIZATION OF APPROPRIATIONS.— Geneva August 12, 1949 (6 UST 3316) was spe- the status of any person under the Geneva There is authorized to be appropriated for cifically designed for cases in which the Conventions or whether any person is enti- each of the fiscal years 2005 through 2009 usual rules of war do not apply, and the min- tled to the protections of the Geneva Con- such sums as may be necessary for the Mid- imum standards of treatment pursuant to ventions. dle East Partnership Initiative, unless other- such Article are generally accepted through- (f) RULES, REGULATIONS, AND GUIDELINES.— wise authorized by Congress. out the world as customary international (1) REQUIREMENT.—Not later than 180 days (b) SENSE OF CONGRESS.—It is the sense of law. after the date of the enactment of this Act, Congress that, given the importance of the (b) POLICY.—The policy of the United the Secretary and the Director shall pre- rule of law and economic reform to develop- States is as follows: ment in the Middle East, a significant por- scribe the rules, regulations, or guidelines (1) It is the policy of the United States to necessary to ensure compliance with the pro- tion of the funds authorized to be appro- treat all foreign persons captured, detained, priated under subsection (a) should be made hibition in subsection (e)(1) by all personnel interned or otherwise held in the custody of available to promote the rule of law in the of the United States Government and by any the United States (hereinafter ‘‘prisoners’’) Middle East. person providing services to the United humanely and in accordance with standards States Government on a contract basis. SEC. ll13. COMPREHENSIVE COALITION STRAT- that the United States would consider legal EGY FOR FIGHTING TERRORISM. (2) REPORT TO CONGRESS.—The Secretary if perpetrated by the enemy against an (a) FINDINGS.—Consistent with the report and the Director shall submit to Congress of the National Commission on Terrorist At- American prisoner. the rules, regulations, or guidelines pre- tacks Upon the United States, Congress (2) It is the policy of the United States scribed under paragraph (1), and any modi- makes the following findings: that all officials of the United States are fications to such rules, regulations, or guide- (1) Almost every aspect of the bound both in wartime and in peacetime by lines— counterterrorism strategy of the United the legal prohibition against torture, cruel, (A) not later than 30 days after the effec- States relies on international cooperation. inhuman or degrading treatment. tive date of such rules, regulations, guide- (2) Since September 11, 2001, the number (3) If there is any doubt as to whether pris- lines, or modifications; and and scope of United States Government con- oners are entitled to the protections afforded (B) in a manner and form that will protect tacts with foreign governments concerning by the Geneva Conventions, such prisoners the national security interests of the United counterterrorism have expanded signifi- shall enjoy the protections of the Geneva States. cantly, but such contacts have often been ad Conventions until such time as their status (g) REPORTS ON POSSIBLE VIOLATIONS.— hoc and not integrated as a comprehensive can be determined pursuant to the proce- (1) REQUIREMENT.—The Secretary and the and unified approach. dures authorized by Army Regulation 190–8, Director shall each submit, on a timely basis (b) INTERNATIONAL CONTACT GROUP ON Section 1–6. and not less than twice each year, a report to COUNTERTERRORISM.— (4) It is the policy of the United States to Congress on the circumstances surrounding (1) SENSE OF CONGRESS.—It is the sense of expeditiously prosecute cases of terrorism or any investigation of a possible violation of Congress that the President— other criminal acts alleged to have been the prohibition in subsection (e)(1) by United (A) should seek to engage the leaders of committed by prisoners in the custody of the States Government personnel or by a person the governments of other countries in a United States Armed Forces at Guantanamo providing services to the United States Gov- process of advancing beyond separate and Bay, Cuba, in order to avoid the indefinite ernment on a contract basis. uncoordinated national counterterrorism detention of prisoners, which is contrary to (2) FORM OF REPORT.—A report required strategies to develop with those other gov- the legal principles and security interests of under paragraph (1) shall be submitted in a ernments a comprehensive coalition strategy the United States. manner and form that— to fight Islamist terrorism; and (c) REPORTING.—The Department of De- (A) will protect the national security in- (B) to that end, should seek to establish an fense shall submit to the appropriate con- terests of the United States; and international counterterrorism policy congressional committees: (B) will not prejudice any prosecution of an tact group with the leaders of governments (1) A quarterly report providing the num- individual involved in, or responsible for, a providing leadership in global ber of prisoners who were denied Prisoner of violation of the prohibition in subsection counterterrorism efforts and governments of War (POW) status under the Geneva Conven- (e)(1). countries with sizable Muslim populations, tions and the basis for denying POW status (h) REPORT ON A COALITION APPROACH TO- to be used as a ready and flexible inter- to each such prisoner. WARD THE DETENTION AND HUMANE TREAT- national means for discussing and coordi- (2) A report setting forth— MENT OF CAPTURED TERRORISTS.—Not later nating the development of important (A) the proposed schedule for military than 180 days after the date of the enactment counterterrorism policies by the partici- commissions to be held at Guantanamo Bay, of this Act, the President shall submit to pating governments. Cuba; and Congress a report describing the efforts of (2) AUTHORITY.—The President is author- (B) the number of individuals currently the United States Government to develop an ized to establish an international held at Guantanamo Bay, Cuba, the number approach toward the detention and humane counterterrorism policy contact group with of such individuals who are unlikely to face treatment of captured international terror- the leaders of governments referred to in a military commission in the next six ists that will be adhered to by all countries paragraph (1) for purposes as follows: months, and each reason for not bringing that are members of the coalition against (A) To develop in common with such other such individuals before a military commis- terrorism. countries important policies and a strategy sion. (i) DEFINITIONS.—In this section: that address the various components of (3) All International Committee of the Red (1) CRUEL, INHUMANE, OR DEGRADING TREAT- international prosecution of the war on ter- Cross reports, completed prior to the enact- MENT OR PUNISHMENT.—The term ‘‘cruel, in- rorism, including policies and a strategy ment of this Act, concerning the treatment humane, or degrading treatment or punish- that address military issues, law enforce- of prisoners in United States custody at ment’’ means the cruel, unusual, and inhu- ment, the collection, analysis, and dissemi- Guantanamo Bay, Cuba, Iraq, and Afghani- mane treatment or punishment prohibited nation of intelligence, issues relating to stan. Such ICRC reports should be provided, by the fifth amendment, eighth amendment, interdiction of travel by terrorists, in classified form, not later than 15 days or fourteenth amendment to the Constitu- counterterrorism-related customs issues, fi- after enactment of this Act. tion. nancial issues, and issues relating to ter- (4) A report setting forth all prisoner inter- (2) DIRECTOR.—The term ‘‘Director’’ means rorist sanctuaries. rogation techniques approved by officials of the National Intelligence Director. (B) To address, to the extent (if any) that the United States. the President and leaders of other partici- (d) ANNUAL TRAINING REQUIREMENT.—The (3) GENEVA CONVENTIONS.—The term ‘‘Gene- pating governments determine appropriate, Department of Defense shall certify that all va Conventions’’ means— such long-term issues as economic and polit- Federal employees and civilian contractors (A) the Convention for the Amelioration of ical reforms that can contribute to strength- engaged in the handling or interrogating of the Condition of the Wounded and Sick in ening stability and security in the Middle prisoners have fulfilled an annual training Armed Forces in the Field, done at Geneva East. requirement on the laws of war, the Geneva August 12, 1949 (6 UST 3114); SEC. ll14. TREATMENT OF FOREIGN PRIS- Conventions and the obligations of the (B) the Convention for the Amelioration of ONERS. United States under international humani- the Condition of the Wounded, Sick, and (a) FINDINGS.—Consistent with the report tarian law. Shipwrecked Members of Armed Forces at of the National Commission on Terrorist At- (e) PROHIBITION ON TORTURE OR CRUEL, IN- Sea, done at Geneva August 12, 1949 (6 UST tacks Upon the United States, Congress HUMANE, OR DEGRADING TREATMENT OR PUN- 3217); makes the following findings: ISHMENT.— (C) the Convention Relative to the Treat- (1) Carrying out the global war on ter- (1) IN GENERAL.—No prisoner shall be sub- ment of Prisoners of War, done at Geneva rorism requires the development of policies ject to torture or cruel, inhumane, or de- August 12, 1949 (6 UST 3316); and with respect to the detention and treatment grading treatment or punishment that is (D) the Convention Relative to the Protec- of captured international terrorists that are prohibited by the Constitution, laws, or trea- tion of Civilian Persons in Time of War, done adhered to by all coalition forces. ties of the United States. at Geneva August 12, 1949 (6 UST 3516). S10144 CONGRESSIONAL RECORD — SENATE September 30, 2004

(4) SECRETARY.—The term ‘‘Secretary’’ (2) the activities for which appropriations (A) the effectiveness of efforts and methods means the Secretary of Defense. are authorized by section 3101(a)(2) of the Na- to the identification and tracking of ter- (5) TORTURE.—The term ‘‘torture’’ has the tional Defense Authorization Act for Fiscal rorist financing; meaning given that term in section 2340 of Year 2004 (Public Law 108–136; 117 Stat. 1742); (B) ways to improve multinational and title 18, United States Code. (3) the Department of State program of as- international governmental cooperation in SEC. ll15. PROLIFERATION OF WEAPONS OF sistance to science centers; this effort; MASS DESTRUCTION. (4) the Global Threat Reduction Initiative (C) ways to improve the effectiveness of fi- (a) FINDINGS.—Consistent with the report of the Department of Energy; and nancial institutions in this effort; of the National Commission on Terrorist At- (5) a program of any agency of the Federal (D) the adequacy of agency coordination, tacks Upon the United States, Congress Government having the purpose of assisting nationally and internationally, including makes the following findings: any foreign government in preventing nu- international treaties and compacts, in this (1) Al Qaeda and other terror groups have clear weapons, plutonium, highly enriched effort and ways to improve that coordina- tried to acquire or make weapons of mass de- uranium, or other materials capable of sus- tion; and struction since 1994 or earlier. taining an explosive nuclear chain reaction, (E) recommendations for changes in law (2) The United States doubtless would be a or nuclear weapons technology from becom- and additional resources required to improve prime target for use of any such weapon by ing available to terrorist organizations. this effort. al Qaeda. (d) STRATEGY AND PLAN.— SEC. ll17. REPORT TO CONGRESS. (3) Although the United States Govern- (1) STRATEGY.—Not later than 180 days (a) REQUIREMENT FOR REPORT.—Not later ment has supported the Cooperative Threat after the date of the enactment of this Act, than 180 days after the date of the enactment Reduction, Global Threat Reduction Initia- the President shall submit to Congress— of this Act, the President shall submit to tive, and other nonproliferation assistance (A) a comprehensive strategy for expand- Congress a report on the activities of the Government of the United States to carry programs, nonproliferation experts continue ing and strengthening the Cooperative out the provisions of this title. to express deep concern about the adequacy Threat Reduction, Global Threat Reduction Initiative, and other nonproliferation assist- (b) CONTENT.—The report required under of such efforts to secure weapons of mass de- this section shall include the following: struction and related materials that still ance programs; and (1) TERRORIST SANCTUARIES.—A description exist in Russia other countries of the former (B) an estimate of the funding necessary to execute such strategy. of the strategy of the United States to ad- Soviet Union, and around the world. dress and, where possible, eliminate terrorist (4) The cost of increased investment in the (2) PLAN.—The strategy required by paragraph (1) shall include a plan for securing the sanctuaries, including— prevention of proliferation of weapons of (A) a description of actual and potential nuclear weapons and related materials that mass destruction and related materials is terrorist sanctuaries, together with an as- are the most likely to be acquired or sought greatly outweighed by the potentially cata- sessment of the priorities of addressing and by, and susceptible to becoming available to, strophic cost to the United States of the use eliminating such sanctuaries; terrorist organizations, including— of such weapons by terrorists. (B) an outline of strategies for disrupting (A) a prioritized list of the most dangerous (5) The Cooperative Threat Reduction, or eliminating the security provided to ter- and vulnerable sites; Global Threat Reduction Initiative, and rorists by such sanctuaries; (B) measurable milestones for improving other nonproliferation assistance programs (C) a description of efforts by the United United States nonproliferation assistance are the United States primary method of States Government to work with other coun- preventing the proliferation of weapons of programs; tries in bilateral and multilateral fora to ad- mass destruction and related materials from (C) a schedule for achieving such mile- dress or eliminate actual or potential ter- Russia and the states of the former Soviet stones; and rorist sanctuaries and disrupt or eliminate Union, but require further expansion, im- (D) initial estimates of the resources nec- the security provided to terrorists by such provement, and resources. essary to achieve such milestones under such sanctuaries; and (6) Better coordination is needed within schedule. (D) a description of long-term goals and ac- the executive branch of government for the SEC. ll16. FINANCING OF TERRORISM. tions designed to reduce the conditions that budget development, oversight, and imple- (a) FINDINGS.—Consistent with the report allow the formation of terrorist sanctuaries, mentation of the Cooperative Threat Reduc- of the National Commission on Terrorist At- such as supporting and strengthening host tion, Global Threat Reduction Initiative, and tacks Upon the United States, Congress governments, reducing poverty, increasing other nonproliferation assistance programs, makes the following findings: economic development, strengthening civil and critical elements of such programs are (1) While efforts to designate and freeze the society, securing borders, strengthening in- operated by the Departments of Defense, En- assets of terrorist financiers have been rel- ternal security forces, and disrupting logis- ergy, and State. atively unsuccessful, efforts to target the tics and communications networks of ter- (7) The effective implementation of the Co- relatively small number of al Qaeda finan- rorist groups. operative Threat Reduction, Global Threat cial facilitators have been valuable and suc- (2) SUPPORT FOR PAKISTAN.—A description Reduction Initiative, and other nonprolifera- cessful. of the efforts of the United States Govern- tion assistance programs in the countries of (2) The death or capture of several impor- ment to support Pakistan and encourage the former Soviet Union is hampered by Rus- tant financial facilitators has decreased the moderation in that country, including— sian behavior and conditions on the provi- amount of money available to al Qaeda, and (A) an examination of the desirability of sion of assistance under such programs that has made it more difficult for al Qaeda to establishing a Pakistan Education Fund to are unrelated to bilateral cooperation on raise and move money. direct resources toward improving the qual- weapons dismantlement. (3) The capture of al Qaeda financial ity of secondary schools in Pakistan, and an (b) SENSE OF CONGRESS.—It is the sense of facilitators has provided a windfall of intel- examination of the efforts of the Govern- Congress that— ligence that can be used to continue the ment of Pakistan to fund modern public edu- (1) maximum effort to prevent the pro- cycle of disruption. cation; liferation of weapons of mass destruction (4) The United States Government has (B) recommendations on the funding nec- and related materials, wherever such pro- rightly recognized that information about essary to provide various levels of edu- liferation may occur, is warranted; terrorist money helps in understanding ter- cational support; (2) the Cooperative Threat Reduction, ror networks, searching them out, and dis- (C) an examination of the current composi- Global Threat Reduction Initiative, and rupting their operations. tion and levels of United States military aid other nonproliferation assistance programs (b) SENSE OF CONGRESS.—It is the sense of to Pakistan, together with any recommenda- should be expanded, improved, accelerated, Congress that— tions for changes in such levels and composi- and better funded to address the global di- (1) a critical weapon in the effort to stop tion that the President considers appro- mensions of the proliferation threat; and terrorist financing should be the targeting of priate; and (3) the Proliferation Security Initiative is terrorist financial facilitators by intel- (D) an examination of other major types of an important counterproliferation program ligence and law enforcement agencies; and United States financial support to Pakistan, that should be expanded to include addi- (2) efforts to track terrorist financing must together with any recommendations for tional partners. be paramount in United States counter-ter- changes in the levels and composition of (c) COOPERATIVE THREAT REDUCTION, GLOB- rorism efforts. such support that the President considers AL THREAT REDUCTION INITIATIVE, AND OTHER (c) REPORT ON TERRORIST FINANCING.— appropriate. NONPROLIFERATION ASSISTANCE PROGRAMS.— (1) IN GENERAL.—Not later than 180 days (3) SUPPORT FOR AFGHANISTAN.— In this section, the term ‘‘Cooperative after the date of the enactment of this Act, (A) SPECIFIC OBJECTIVES.—A description of Threat Reduction, Global Threat Reduction the President shall submit to Congress a re- the strategy of the United States to provide Initiative, and other nonproliferation assist- port evaluating the effectiveness of United aid to Afghanistan during the 5-year period ance programs’’ includes— States efforts to curtail the international fi- beginning on the date of enactment of this (1) the programs specified in section 1501(b) nancing of terrorism. Act, including a description of the resources of the National Defense Authorization Act (2) CONTENTS.—The report required by necessary during the next 5 years to achieve for Fiscal Year 1997 (Public Law 104–201; 50 paragraph (1) shall evaluate and make rec- specific objectives in Afghanistan in the fol- U.S.C. 2362 note); ommendations on— lowing areas: September 30, 2004 CONGRESSIONAL RECORD — SENATE S10145 (i) Fostering economic development. reach to foreign Muslim audiences through (F) A description of activities carried out (ii) Curtailing the cultivation of opium. broadcast media, including the following: as part of the International Youth Oppor- (iii) Achieving internal security and sta- (A) The initiatives of the Broadcasting tunity Fund to help close the digital divide bility. Board of Governors with respect to outreach and expand vocational and business skills in (iv) Eliminating terrorist sanctuaries. to foreign Muslim audiences. such countries. (v) Increasing governmental capabilities. (B) An outline of recommended actions (G) An estimate of the funds needed to (vi) Improving essential infrastructure and that the United States Government should achieve free universal basic education by public services. take to more regularly and comprehensively 2015 in each country described in subpara- (vii) Improving public health services. present a United States point of view graph (D), and an estimate of the amount (viii) Establishing a broad-based edu- through indigenous broadcast media in coun- that has been expended by the United States cational system. tries with sizable Muslim populations, in- and by each such country during the pre- (ix) Promoting democracy and the rule of cluding increasing appearances by United vious fiscal year. law. States Government officials, experts, and (H) A description of the United States (x) Building national police and military citizens. strategy for garnering programmatic and fi- forces. (C) An assessment of potential incentives nancial support from countries in the Middle (B) PROGRESS.—A description of— for, and costs associated with, encouraging East and other countries with significant (i) the progress made toward achieving the United States broadcasters to dub or subtitle Muslim populations designated by the Presi- objectives described in clauses (i) through (x) into Arabic and other relevant languages dent, international organizations, and other of subparagraph (A); and their news and public affairs programs countries that share the objectives of the (ii) any shortfalls in meeting such objec- broadcast in the Muslim world in order to International Youth and Opportunity Fund. tives and the resources needed to fully present those programs to a much broader (9) ECONOMIC REFORM.—A description of the achieve such objectives. Muslim audience than is currently reached. efforts of the United States Government to (4) COLLABORATION WITH SAUDI ARABIA.—A (D) Any recommendations the President encourage development and promote eco- description of the strategy of the United may have for additional funding and legisla- nomic reform in countries that have a sig- States for expanding collaboration with the tion necessary to achieve the objectives of nificant population of Arab or Muslim indi- Government of Saudi Arabia on subjects of the strategy. viduals, including a description of— mutual interest and of importance to the (7) VISAS FOR PARTICIPANTS IN UNITED (A) efforts to integrate countries with sig- United States, including a description of— STATES PROGRAMS.—A description of— nificant populations of Arab or Muslim indi- (A) the utility of the President under- (A) any recommendations for expediting viduals into the global trading system; and taking a periodic, formal, and visible high- the issuance of visas to individuals who are (B) actions that the United States Govern- level dialogue between senior United States entering the United States for the purpose of ment, acting alone and in partnership with Government officials of cabinet level or participating in a scholarship, exchange, or governments in the Middle East, can take to higher rank and their counterparts in the visitor program described in subsection (c) of promote intraregional trade and the rule of Government of Saudi Arabia to address chal- section ll09 without compromising the se- law in the region. lenges in the relationship between the two curity of the United States; and SEC. ll18. EFFECTIVE DATE. governments and to identify areas and mech- (B) a proposed schedule for implementing Notwithstanding section 341 or any other anisms for cooperation; any recommendations described in subpara- provision of this Act, this title shall take ef- (B) intelligence and security cooperation graph (A). fect on the date of the enactment of this Act. between the United States and Saudi Arabia (8) BASIC EDUCATION IN MUSLIM COUNTRIES.— in the fight against Islamist terrorism; A description of a strategy, that was devel- (C) ways to advance Saudi Arabia’s con- oped after consultation with nongovern- SA 3907. Mr. REID (for Mr. LAUTEN- tribution to the Middle East peace process; mental organizations and individuals in- BERG) submitted an amendment in- (D) political and economic reform in Saudi volved in education assistance programs in tended to be proposed by Mr. REID to Arabia and throughout the Middle East; developing countries, to promote free uni- the bill S. 2845, to reform the intel- (E) ways to promote greater tolerance and versal basic education in the countries of the ligence community and the intel- respect for cultural and religious diversity in Middle East and in other countries with sig- ligence and intelligence-related activi- Saudi Arabia and throughout the Middle nificant Muslim populations designated by East; and the President. The strategy shall include the ties of the United States Government, (F) ways to assist the Government of Saudi following elements: and for other purposes; which was or- Arabia in preventing nationals of Saudi Ara- (A) A description of the manner in which dered to lie on the table; as follows: bia from funding and supporting extremist the resources of the United States and the At the appropriate place, insert the fol- groups in Saudi Arabia and other countries. international community shall be used to lowing: (5) STRUGGLE OF IDEAS IN THE ISLAMIC help achieve free universal basic education SEC. ll. TERRORIST FINANCING. WORLD.—A description of a cohesive, long- in such countries, including— term strategy of the United States to help (i) efforts of the United states to coordi- (a) CLARIFICATION OF CERTAIN ACTIONS win the struggle of ideas in the Islamic nate an international effort; UNDER IEEPA.—In any case in which the world, including the following: (ii) activities of the United States to lever- President takes action under the Inter- (A) A description of specific goals related age contributions from members of the national Emergency Economic Powers Act to winning this struggle of ideas. Group of Eight or other donors; and (50 U.S.C. 1701 et seq.) to prohibit a United (B) A description of the range of tools (iii) assistance provided by the United States person from engaging in transactions available to the United States Government States to leverage contributions from the with a foreign country, where a determina- to accomplish such goals and the manner in private sector and civil society organization has been made by the Secretary of State which such tools will be employed. tions. that the government of that country has re- (C) A list of benchmarks for measuring (B) A description of the efforts of the peatedly provided support for acts of inter- success and a plan for linking resources to United States to coordinate with other do- national terrorism, such action shall apply the accomplishment of such goals. nors to reduce duplication and waste at the to any foreign subsidiaries or affiliate, in- (D) A description of any additional re- global and country levels and to ensure effi- cluding any permanent foreign establish- sources that may be necessary to help win cient coordination among all relevant de- ment of that United States person, that is this struggle of ideas. partments and agencies of the Government controlled in fact by that United States per- (E) Any recommendations for the creation of the United States. son. of, and United States participation in, inter- (C) A description of the strategy of the (b) DEFINITIONS.—In this section: national institutions for the promotion of United States to assist efforts to overcome (1) CONTROLLED IN FACT.—The term ‘‘is con- democracy and economic diversification in challenges to achieving free universal basic trolled in fact’’ includes— the Islamic world, and intraregional trade in education in such countries, including strat- (A) in the case of a corporation, holds at the Middle East. egies to target hard to reach populations to least 50 percent (by vote or value) of the cap- (F) An estimate of the level of United promote education. ital structure of the corporation; and States financial assistance that would be (D) A listing of countries that the Presi- (B) in the case of any other kind of legal sufficient to convince United States allies dent determines are eligible for assistance entity, holds interests representing at least and people in the Islamic world that engag- under the International Youth Opportunity 50 percent of the capital structure of the ening in the struggle of ideas in the Islamic Fund described in section ll10 and related tity. world is a top priority of the United States programs. (2) UNITED STATES PERSON.—The term and that the United States intends to make (E) A description of the efforts of the ‘‘United States person’’ includes any United a substantial and sustained commitment to- United States to encourage countries in the States citizen, permanent resident alien, en- ward winning this struggle. Middle East and other countries with signifi- tity organized under the law of the United (6) OUTREACH THROUGH BROADCAST MEDIA.— cant Muslim populations designated by the States (including foreign branches), wher- A description of a cohesive, long-term strat- President to develop and implement a na- ever located, or any other person in the egy of the United States to expand its out- tional education plan. United States. S10146 CONGRESSIONAL RECORD — SENATE September 30, 2004

(c) APPLICABILITY.— protect public transportation systems in the (1) to establish the process for developing (1) IN GENERAL.—In any case in which the United States; security guidelines for public transportation President has taken action under the Inter- (8) the Federal Government has invested security; national Emergency Economic Powers Act $9.16 in aviation security improvements per (2) to design a security improvement strat- and such action is in effect on the date of en- passenger, but only $0.006 in public transpor- egy that minimizes terrorist threats to pub- actment of this Act, the provisions of sub- tation security improvements per passenger; lic transportation systems; and section (a) shall not apply to a United States (9) the General Accounting Office, the Mi- (3) to design a security improvement strat- person (or other person) if such person di- neta Institute for Surface Transportation egy that maximizes the efforts of public vests or terminates its business with the Policy Studies, the American Public Trans- transportation systems to mitigate damage government or person identified by such ac- portation Association, and other experts from terrorist attacks. tion within 100 days after the date of enact- have reported an urgent need for significant (c) BUS PUBLIC TRANSPORTATION SYS- ment of this Act. investment in transit security improve- TEMS.—The Secretary of Homeland Security (2) ACTIONS AFTER DATE OF ENACTMENT.—In ments; and shall conduct assessments of local bus-only any case in which the President takes action (10) the Federal Government has a duty to public transportation systems to determine under the International Emergency Eco- deter and mitigate, to the greatest extent the specific needs of this form of public nomic Powers Act on or after the date of en- practicable, threats against the Nation’s transportation that are appropriate to the actment of this Act, the provisions of sub- public transportation systems. size and nature of the bus system. section (a) shall not apply to a United States SEC. 403. MEMORANDUM OF UNDERSTANDING. (d) RURAL PUBLIC TRANSPORTATION SYS- person (or other person) if such person di- (a) IN GENERAL.—Not later than 45 days TEMS.—The Secretary of Homeland Security vests or terminates its business with the after the date of enactment of this Act, the shall conduct assessments of selected public government or person identified by such ac- Secretary of Transportation shall enter into transportation systems that receive funds tion within 90 days after the date of such ac- a memorandum of understanding with the under section 5311 of title 49, United States tion. Secretary of Homeland Security to define Code, to determine the specific needs of this and clarify the respective public transpor- form of public transportation that are appro- ll SEC. . NOTIFICATION OF CONGRESS OF TER- priate to the size and nature of the system. MINATION OF INVESTIGATION BY tation security roles and responsibilities of OFFICE OF FOREIGN ASSETS CON- the Department of Transportation and the SEC. 405. SECURITY ASSISTANCE GRANTS. TROL. Department of Homeland Security. (a) CAPITAL SECURITY ASSISTANCE PRO- (a) NOTIFICATION REQUIREMENT.—The Office (b) CONTENTS.—The memorandum of under- GRAM.— of Federal Procurement Policy Act (41 U.S.C. standing described in subsection (a) shall— (1) IN GENERAL.—The Secretary of Home- 403 et seq.) is amended by adding at the end (1) establish a process to develop security land Security shall award grants directly to the following new section: standards for public transportation agencies; public transportation agencies for allowable (2) establish funding priorities for grants ‘‘Sec. 42. Notification of Congress of termi- capital security improvements based on the from the Department of Homeland Security priorities established under section 404(a)(4). nation of investigation by Of- to public transportation agencies; fice of Foreign Assets Con- (2) ALLOWABLE USE OF FUNDS.—Grants (3) create a method of direct coordination awarded under paragraph (1) may be used trol.’’. with public transportation agencies on secu- ‘‘The Director of the Office of Foreign As- for— rity matters; (A) tunnel protection systems; sets Control shall notify Congress upon the (4) address any other issues determined to termination of any investigation by the Of- (B) perimeter protection systems; be appropriate by the Secretary of Transpor- (C) redundant critical operations control fice of Foreign Assets Control of the Depart- tation and the Secretary of Homeland Secu- ment of the Treasury if any sanction is im- systems; rity; and (D) chemical, biological, radiological, or posed by the Director of such office as a re- (5) include a formal and permanent mecha- sult of the investigation.’’. explosive detection systems; nism to ensure coordination and involve- (E) surveillance equipment; ment by the Department of Transportation, SA 3908. Mr. REED (for himself, Mr. (F) communications equipment; as appropriate, in public transportation se- (G) emergency response equipment; SARBANES, Mr. SCHUMER, Mrs. BOXER, curity. (H) fire suppression and decontamination and Mr. CORZINE) submitted an amend- SEC. 404. SECURITY ASSESSMENTS. equipment; ment intended to be proposed by him (a) PUBLIC TRANSPORTATION SECURITY AS- (I) global positioning or automated vehicle to the bill S. 2845, to reform the intel- SESSMENTS.— locator type system equipment; ligence community and the intel- (1) SUBMISSION.—Not later than 30 days (J) evacuation improvements; and ligence and intelligence-related activi- after the date of enactment of this Act, the (K) other capital security improvements. ties of the United States Government, Federal Transit Administration of the De- (b) OPERATIONAL SECURITY ASSISTANCE partment of Transportation shall submit all and for other purposes; which was or- PROGRAM.— public transportation security assessments (1) IN GENERAL.—The Secretary of Home- dered to lie on the table; as follows: and all other relevant information to the De- land Security shall award grants directly to On page 213, after line 12, add the fol- partment of Homeland Security. public transportation agencies for allowable lowing: (2) REVIEW.—The Secretary of Homeland operational security improvements based on TITLE IV—PUBLIC TRANSPORTATION Security shall review and augment the secu- the priorities established under section TERRORISM PREVENTION rity assessments received under paragraph 404(a)(4). (1). (2) ALLOWABLE USE OF FUNDS.—Grants SEC. 401. SHORT TITLE. (3) ALLOCATIONS.—The assessments de- awarded under paragraph (1) may be used This title may be cited as the ‘‘Public scribed in paragraph (1) shall be used as the for— Transportation Terrorism Prevention Act of basis for allocating grant funds under sec- (A) security training for transit employees, 2004’’. tion 405, unless the Secretary of Homeland including bus and rail operators, mechanics, SEC. 402. FINDINGS AND PURPOSE. Security determines that an adjustment is customer service, maintenance employees, (a) FINDINGS.—Congress finds that— necessary to respond to an urgent threat or transit police, and security personnel; (1) throughout the world, public transpor- other significant factors, after notification (B) live or simulated drills; tation systems have been a primary target of to the Committee on Banking, Housing, and (C) public awareness campaigns for en- terrorist attacks, causing countless death Urban Affairs of the Senate. hanced public transportation security; and injuries; (4) SECURITY IMPROVEMENT PRIORITIES.— (D) canine patrols for chemical, biological, (2) 6,000 public transportation agencies op- The Secretary of Homeland Security shall or explosives detection; erate in the United States; establish security improvement priorities, in (E) overtime reimbursement for enhanced (3) 14,000,000 people in the United States consultation with the management and em- security personnel during significant na- ride public transportation each work day; ployee representatives of each public trans- tional and international public events, con- (4) safe and secure public transportation portation system receiving an assessment sistent with the priorities established under systems are essential to the Nation’s econ- that will be used by public transportation section 404(a)(4); and omy and for significant national and inter- agencies for any funding provided under sec- (F) other appropriate security improve- national public events; tion 405. ments identified under section 404(a)(4), ex- (5) the Federal Transit Administration has (5) UPDATES.—The Secretary of Homeland cluding routine, ongoing personnel costs. invested $68,700,000,000 since 1992 for con- Security shall annually update the assess- (c) CONGRESSIONAL NOTIFICATION.—Not struction and improvements to the Nation’s ments referred to in this subsection and con- later than 3 days before any grant is awarded public transportation systems; duct assessments of all transit agencies con- under this section, the Secretary of Home- (6) the Federal Government appropriately sidered to be at greatest risk of a terrorist land Security shall notify the Committee on invested $11,000,000,000 in fiscal years 2002 attack. Banking, Housing, and Urban Affairs of the and 2003 to protect our Nation’s aviation sys- (b) USE OF ASSESSMENT INFORMATION.—The Senate of the intent to award such grant. tem and its 1,800,000 daily passengers; Secretary of Homeland Security shall use (d) TRANSIT AGENCY RESPONSIBILITIES.— (7) the Federal Government invested the information collected under subsection Each public transportation agency that re- $115,000,000 in fiscal years 2003 and 2004 to (a)— ceives a grant under this section shall— September 30, 2004 CONGRESSIONAL RECORD — SENATE S10147 (1) identify a security coordinator to co- of sections 404 through 407, and the state of thority’’ and insert ‘, or any employee of a ordinate security improvements; public transportation security in the United contractor, of any element of the intel- (2) develop a comprehensive plan that dem- States, to— ligence community’’. onstrates the agency’s capacity for operating (1) the Committee on Banking, Housing, On page 66, line 4, strike ‘‘Director’’ and in- and maintaining the equipment purchased and Urban Affairs of the Senate; sert ‘‘National Intelligence Director or other under this subsection; and (2) the Committee on Governmental Af- appropriate official of the intelligence com- (3) report annually to the Department of fairs of the Senate; and munity’’. Homeland Security on the use of grant funds (3) the Committee on Appropriations of the On page 68, between lines 7 and 8, insert received under this section. Senate. the following: (e) RETURN OF MISSPENT GRANT FUNDS.—If (b) ANNUAL REPORT TO GOVERNORS.—Not (g) COORDINATION AMONG INSPECTORS GEN- the Secretary of Homeland Security deter- later than March 31 of each year, the Sec- ERAL WITHIN NATIONAL INTELLIGENCE PRO- mines that a grantee used any portion of the retary of Homeland Security shall submit a GRAM.—(1) In the event of a matter within grant funds received under this section for a report to the governor of each State in which the jurisdiction of the Inspector General of purpose other than the allowable uses speci- a transit agency that has received a grant the National Intelligence Authority that fied for that grant under this section, the under this title is operating that specifies may be subject to an investigation, inspec- grantee shall return any amount so used to the amount of grant funds distributed to tion, or audit by both the Inspector General the Treasury of the United States. each such transit agency and the use of such of the National Intelligence Authority and SEC. 406. INTELLIGENCE SHARING. grant funds. an Inspector General, whether statutory or (a) INTELLIGENCE SHARING.—The Secretary SEC. 409. AUTHORIZATION OF APPROPRIATIONS. administrative, with oversight responsibility of Homeland Security shall ensure that the (a) CAPITAL SECURITY ASSISTANCE PRO- for an element or elements of the intel- Department of Transportation receives ap- GRAM.—There are authorized to be appro- ligence community, the Inspector General of propriate and timely notification of all cred- priated $2,370,000,000 for fiscal year 2005 to the National Intelligence Authority and such ible terrorist threats against public trans- carry out the provisions of section 405(a), other Inspector or Inspectors General shall portation assets in the United States. which shall remain available until expended. expeditiously resolve which Inspector Gen- (b) INFORMATION SHARING ANALYSIS CEN- (b) OPERATIONAL SECURITY ASSISTANCE eral shall conduct such investigation, inspec- TER.— PROGRAM.—There are authorized to be appro- tion, or audit. The Inspector General of the (1) ESTABLISHMENT.—The Department of priated to carry out the provisions of section National Intelligence Authority shall make Homeland Security shall fund the reasonable 405(b)— the final decision on the resolution of such costs of the Information Sharing and Anal- (1) $534,000,000 for fiscal year 2005; jurisdiction. ysis Center for Public Transportation (re- (2) $333,000,000 for fiscal year 2006; and (2) The Inspector General conducting an in- ferred to in this subsection as the ‘‘ISAC’’) (3) $133,000,000 for fiscal year 2007. vestigation, inspection, or audit covered by established pursuant to Presidential Direc- (c) INTELLIGENCE.—There are authorized to paragraph (1) shall submit the results of such tive 63 to protect critical infrastructure. be appropriated such sums as may be nec- investigation, inspection, or audit to any (2) PUBLIC TRANSPORTATION AGENCY PAR- essary to carry out the provisions of section other Inspector General with jurisdiction to TICIPATION.—The Secretary of Homeland Se- 406. conduct such investigation, inspection, or curity— (d) RESEARCH.—There are authorized to be audit who did not conduct such investiga- (A) shall require those public transpor- appropriated $130,000,000 for fiscal year 2005 tion, inspection, or audit. tation agencies that the Secretary deter- to carry out the provisions of section 407, (3) If an investigation, inspection, or audit mines to be at significant risk of terrorist which shall remain available until expended. covered by paragraph (1) is conducted by an Inspector General other than the Inspector attack to participate in the ISAC; SEC. 410. EFFECTIVE DATE; SUNSET PROVISION. General of the National Intelligence Author- (B) shall encourage all other public trans- (a) EFFECTIVE DATE.—Notwithstanding sec- ity, the Inspector General of the National In- portation agencies to participate in the tion 341, this title, and the amendments telligence Authority may, upon completion ISAC; and made by this title, shall take effect on the of such investigation, inspection, or audit by (C) shall not charge any public transpor- date of enactment of this Act. such Inspector General, conduct a separate tation agency a fee for participation in the (b) SUNSET PROVISION.—This title is re- ISAC. pealed on October 1, 2007. investigation, inspection, or audit of the matter concerned under this section. SEC. 407. RESEARCH, DEVELOPMENT, AND DEM- On page 68, line 8, strike ‘‘(g)’’ and insert ONSTRATION GRANTS. SA 3909. Ms. SNOWE (for herself, Mr. ‘‘(h)’’. (a) GRANTS AUTHORIZED.—The Secretary of ROBERTS, Ms. MIKULSKI, and Mrs. FEIN- On page 69, between lines 20 and 21, insert Homeland Security, in consultation with the STEIN) submitted an amendment in- the following: Federal Transit Administration, shall award tended to be proposed by her to the bill (C) Each Inspector General of an element grants to public or private entities to con- S. 2845, to reform the intelligence com- of the intelligence community shall comply duct research into, and demonstration of, fully with a request for information or as- technologies and methods to reduce and munity and the intelligence and intel- sistance from the Inspector General of the deter terrorist threats or mitigate damages ligence-related activities of the United States Government, and for other pur- National Intelligence Authority. resulting from terrorist attacks against pub- (D) The Inspector General of the National lic transportation systems. poses; which was ordered to lie on the Intelligence Authority may, upon reasonable (b) USE OF FUNDS.—Grants awarded under table; as follows: notice to the head of any element of the in- subsection (a) may be used for— On page 60, line 20, strike ‘‘the relation- telligence community, conduct, as author- (1) researching chemical, biological, radio- ships among’’. ized by this section, an investigation, inspec- logical, or explosive detection systems that On page 63, line 8, strike ‘‘the relationships tion, or audit of such element and may enter do not significantly impede passenger access; among’’. into any place occupied by such element for (2) researching imaging technologies; On page 64, line 5, strike ‘‘and’’ at the end. purposes of the performance of the duties of (3) conducting product evaluations and On page 64, between lines 5 and 6, insert the Inspector General. testing; and the following: On page 69, line 21, strike ‘‘(h)’’ and insert (4) researching other technologies or meth- (4) to evaluate the compliance of the Na- ‘‘(i)’’. ods for reducing or deterring terrorist at- tional Intelligence Authority and the Na- On page 70, line 13, strike ‘‘Authority’’ and tacks against public transportation systems, tional Intelligence Program with any appli- insert ‘‘Program’’. or mitigating damage from such attacks. cable United States law or regulation, in- On page 71, line 1, strike ‘‘An assessment’’ (c) REPORTING REQUIREMENT.—Each entity cluding any applicable regulation, policy, or and insert ‘‘In consultation with the Officer that receives a grant under this section shall procedure issued under section 206, or with for Civil Rights and Civil Liberties of the Na- report annually to the Department of Home- any regulation, policy, or procedure of the tional Intelligence Authority and the Pri- land Security on the use of grant funds re- Director governing the sharing or dissemina- vacy Officer of the National Intelligence Au- ceived under this section. tion of, or access to, intelligence informa- thority, an assessment’’. (d) RETURN OF MISSPENT GRANT FUNDS.—If tion or products; and On page 71, beginning on line 16, strike the Secretary of Homeland Security deter- On page 64, line 6, strike ‘‘(4)’’ and insert ‘‘Authority’’ and insert ‘‘Authority or the mines that a grantee used any portion of the ‘‘(5)’’. National Intelligence Program, or in the re- grant funds received under this section for a On page 65, strike lines 11 through 16 and lationships between the elements of the in- purpose other than the allowable uses speci- insert the following: telligence community within the National fied under subsection (b), the grantee shall (2)(A) The Inspector General shall have ac- Intelligence Program and the other elements return any amount so used to the Treasury cess to any employee, or any employee of a of the intelligence community,’’. of the United States. contractor, of any element of the intel- On page 72, beginning on line 3, strike ‘‘a SEC. 408. REPORTING REQUIREMENTS. ligence community whose testimony is need- relationship between’’. (a) ANNUAL REPORT TO CONGRESS.—Not ed for the performance of the duties of the On page 72, strike lines 19 through 25 and later than March 31 of each year, the Sec- Inspector General. insert the following: retary of Homeland Security shall submit a On page 66, beginning on line 1, strike ‘‘or (B) an investigation, inspection, review, or report, which describes the implementation contractor of the National Intelligence Au- audit carried out by the Inspector General S10148 CONGRESSIONAL RECORD — SENATE September 30, 2004 focuses on any current or former official of telligence community and the intel- On page 159, strike lines 19 through 25 and the intelligence community who— ligence and intelligence-related activi- insert the following: (i) holds or held a position in an element of ties of the United States Government, ‘‘(2) ENFORCEMENT OF SUBPOENA.—In the the intelligence community that is subject and for other purposes; which was or- case of contumacy or failure to obey a sub- to appointment by the President, by and poena issued under paragraph (1)(D), either with the advice and consent of the Senate, dered to lie on the table; as follows: the Board or the Attorney General of the including an appointment held on an acting On page 210, between lines 22 and 23, insert United States may seek an order to require basis; or the following: such person to produce the evidence required (ii) holds or held a position in an element SEC. 336. NATIONAL INTELLIGENCE COUNCIL RE- by such subpoena from the United States dis- of the intelligence community, including a PORT ON METHODOLOGIES UTI- trict court for the judicial district in which position held on an acting basis, that is ap- LIZED FOR NATIONAL INTEL- the subpoenaed person resides, is served, or LIGENCE ESTIMATES. pointed by the National Intelligence Direc- may be found.’’. (a) REPORT.—Not later than 180 days after tor; the date of the enactment of this Act, the On page 73, strike line 24 and all that fol- National Intelligence Council shall submit SA 3914. Mr. LEAHY submitted an lows through page 74, line 5, and insert the to Congress a report that includes the fol- amendment intended to be proposed by following: lowing: him to the bill S. 2845, to reform the in- (5)(A) An employee of an element of the in- (1) The methodologies utilized for the initi- telligence community and the intel- telligence community, an employee assigned ation, drafting, publication, coordination, ligence and intelligence-related activi- or detailed to an element of the intelligence and dissemination of the results of National ties of the United States Government, community, or an employee of a contractor Intelligence Estimates (NIEs). of an element of the intelligence community and for other purposes; which was or- (2) Such recommendations as the Council dered to lie on the table; as follows: who intends to report to Congress a com- considers appropriate regarding improve- plaint or information with respect to an ur- ments of the methodologies utilized for Na- At the appropriate place, insert the fol- gent concern may report such a complaint or tional Intelligence Estimates in order to en- lowing: information to the Inspector General. sure the timeliness of such Estimates and SEC. ll. PRIVACY AND PASSENGER IDENTIFICA- On page 77, line 8, strike ‘‘the Authority’’ ensure that such Estimates address the na- TION VERIFICATION TECH- and insert ‘‘an element of the intelligence tional security and intelligence priorities NOLOGIES. community’’. and objectives of the President and the Na- (a) IN GENERAL.—The Secretary of Home- On page 77, between lines 11 and 12, insert tional Intelligence Director. land Security shall consult with the Privacy the following: (b) FORM.—The report under subsection (a) and Civil Liberties Oversight Board in the (j) CONSTRUCTION OF DUTIES REGARDING shall be submitted in an unclassified form, development of any program to use pas- ELEMENTS OF INTELLIGENCE COMMUNITY.—Ex- but may include a classified annex. senger identification verification tech- cept as resolved pursuant to subsection (g), On page 210, line 23, strike ‘‘336.’’ and in- nologies. the performance by the Inspector General of sert ‘‘337.’’. (b) REPORT REQUIREMENT.— the National Intelligence Authority of any (1) IN GENERAL.—Notwithstanding any duty, responsibility, or function regarding SA 3912. Mr. SNOWE submitted an other provision of law, no Federal program an element of the intelligence community amendment intended to be proposed by for passenger verification identification shall not be construed to modify or effect the her to the bill S. 2845, to reform the in- technologies shall begin until after the Sec- duties and responsibilities of any other In- telligence community and the intel- retary of Homeland Security has submitted a spector General having duties or responsibil- ligence and intelligence-related activi- report to Congress and to the Privacy and ities relating to such element. ties of the United States Government, Civil Liberties Oversight Board about the On page 77, line 12, strike ‘‘(i)’’ and insert program. ‘‘(k)’’. and for other purposes; which was or- (2) REPORT CONTENTS.—The report shall ad- dered to lie on the table; as follows: dress the privacy and civil liberty implica- SA 3910. Ms. SNOWE submitted an On page 210, between lines 22 and 23, insert tions of the program, including the accuracy amendment intended to be proposed by the following: and reliability of the technologies used, and her to the bill S. 2845, to reform the in- SEC. 336. NATIONAL INTELLIGENCE DIRECTOR whether the program incorporates the nec- telligence community and the intel- REPORT ON NATIONAL essary architectural, operational, techno- COUNTERTERRORISM CENTER. ligence and intelligence-related activi- logical, and procedural safeguards to protect (a) REPORT.—Not later than one year after privacy and civil liberties. ties of the United States Government, the date of the establishment of the National and for other purposes; which was or- Counterterrorism Center under section 143, SA 3915. Mr. LEAHY submitted an dered to lie on the table; as follows: the National Intelligence Director shall sub- amendment intended to be proposed by At the appropriate place, insert the fol- mit to Congress a report evaluating the ef- him to the bill S. 2845, to reform the in- lowing: fectiveness of the Center in achieving its primary missions under subsection (d) of that telligence community and the intel- SEC. ll. REPORT ON INTERNATIONAL AIR ligence and intelligence-related activi- CARGO THREATS. section. (b) ELEMENTS.—The report under sub- ties of the United States Government, (a) REPORT.—Within 180 days after the date of enactment of this Act, the Secretary of section (a) shall include the following: and for other purposes; which was or- Homeland Security, in coordination with the (1) An assessment of the effectiveness of dered to lie on the table; as follows: the National Counterterrorism Center in Secretary of Defense and the Administrator At the appropriate place, insert the fol- achieving its primary missions. of the Federal Aviation Administration, lowing: shall submit a report to the Committee on (2) An assessment of the effectiveness of the authorities of the Center in contributing SEC. ll. TERRORIST SCREENING CENTER. Commerce, Science, and Transportation of (a) CRITERIA FOR WATCH LIST.—The Sec- the Senate and the Committee on Transpor- to the achievement of its primary missions, including authorities relating to personnel retary of Homeland Security shall report to tation and Infrastructure of the House of Congress the criteria for placing individuals Representatives that contains the following: and staffing, funding, information sharing, and technology. on the Terrorist Screening Center consoli- (1) A description of the current procedures dated screening watch list, including min- in place to address the threat of an inbound (3) An assessment of the relationships between the Center and the other elements and imum standards for reliability and accuracy all-cargo aircraft from outside the United of identifying information, the certainty and States that intelligence sources indicate components of the intelligence community. (4) An assessment of the extent to which level of threat that the individual poses, and could carry explosive, incendiary, chemical, the consequences that apply to the person if biological or nuclear devices. the Center provides an appropriate model for the establishment of national intelligence located. To the greatest extent consistent (2) An analysis of the potential for estab- with the protection of classified information lishing secure facilities along established centers under section 144. (c) FORM.—The report under subsection (a) and applicable law, the report shall be in un- international aviation routes for the pur- shall be submitted in an unclassified form, classified form and available to the public, poses of diverting and securing aircraft de- but may include a classified annex. with a classified annex where necessary. scribed in paragraph (1). (b) SAFEGUARDS AGAINST ERRONEOUS LIST- (b) REPORT FORMAT.—The Secretary may SA 3913. Mr. LEAHY submitted an INGS.—The Secretary of Homeland Security submit all, or part, of the report required by amendment intended to be proposed by shall establish a process for individuals to this section in classified and redacted form if challenge ‘‘Automatic Selectee’’ or ‘‘No Fly’’ the Secretary determines that it is appro- him to the bill S. 2845, to reform the intelligence community and the intel- designations on the consolidated screening priate or necessary. watch list and have their names removed ligence and intelligence-related activi- from such lists, if erroneously present. SA 3911. Ms. SNOWE submitted an ties of the United States Government, (c) REPORT.—Not later than 180 days after amendment intended to be proposed by and for other purposes; which was or- the date of enactment of this Act, the Pri- her to the bill S. 2845, to reform the in- dered to lie on the table; as follows: vacy and Civil Liberties Oversight Board September 30, 2004 CONGRESSIONAL RECORD — SENATE S10149 shall submit a report assessing the impact of thereafter, the Attorney General of the cause they use freedom to strengthen Amer- the ‘‘No Fly’’ and ‘‘Automatic Selectee’’ lists United States shall submit a report to the ica’s security. on privacy and civil liberties to the Com- Committee on the Judiciary of the Senate (6) Whistleblowers exercising the freedom mittee on the Judiciary, the Committee on and the Committee on the Judiciary of the to warn are indispensable for ‘‘an enhanced Governmental Affairs, and the Committee on House of Representatives, that contains, system of checks and balances to protect the Commerce, Science and Transportation of with respect to each preceding 12-month pe- precious liberties that are vital to our way of the Senate, and the Committee on the Judi- riod— life’’ by acting as sentinels who defend the ciary, the Committee on Government Re- ‘‘(1) the number of translators employed, principle that ‘‘if our liberties are curtailed, form, and the Committee on Transportation or contracted for, by the Federal Bureau of we lose the values that we are struggling to and Infrastructure of the House of Rep- Investigation or other components of the De- defend’’. resentatives. The report shall include any partment of Justice; (7) Effective whistleblower protection is a recommendations for practices, procedures, ‘‘(2) any legal or practical impediments to cornerstone principle necessary for the Com- regulations, or legislation to eliminate or using translators employed by other Federal, mission’s institutional goal that ‘‘[g]ood peo- minimize adverse effects of such lists on pri- State, or local agencies on a full, part-time, ple’’ should not have to ‘‘overcome bad vacy, discrimination, due process and other or shared basis; structures’’. civil liberties, as well as the implications of ‘‘(3) the needs of the Federal Bureau of In- (8) Effectively protecting the individual applying those lists to other modes of trans- vestigation for the specific translation serv- employee’s freedom to warn is a prerequisite portation. The Comptroller General of the ices in certain languages, and recommenda- to strengthen national security by replacing United States shall cooperate with the Pri- tions for meeting those needs; the ‘‘need to know’’ culture of excessive vacy and Civil Liberties Board in the prepa- ‘‘(4) the status of any automated statis- agency compartmentalization with a ‘‘need ration of the report. To the greatest extent tical reporting system, including implemen- to share’’ culture promoting a ‘‘duty to the consistent with the protection of classified tation and future viability; information’’ and the American taxpayers. information and applicable law, the report ‘‘(5) the storage capabilities of the digital (9) Creating a safe channel to effectively shall be in unclassified form and available to collection system or systems utilized; exercise the freedom to warn implements the the public, with a classified annex where nec- ‘‘(6) a description of the establishment and 9–11 Commission’s goal for policies ‘‘that si- essary. compliance with audio retention policies multaneously empower and constrain offi- (d) EFFECTIVE DATE.—Notwithstanding sec- that satisfy the investigative and intel- cials, telling them clearly what is and what tion 341 or any other provision of this Act, ligence goals of the Federal Bureau of Inves- is not permitted’’. this section shall become effective on the tigation; (10) Creating a safe channel to effectively date of enactment of this Act. ‘‘(7) a description of the implementation of exercise the freedom to warn of breaches in quality control procedures and mechanisms professional security standards serves the 9– SA 3916. Mr. LEAHY submitted an for monitoring compliance with quality con- 11 Commission’s premise that professional amendment intended to be proposed by trol procedures; and expertise should have priority over institu- him to the bill S. 2845, to reform the in- ‘‘(8) the current counterterrorism and tional concerns. telligence community and the intel- counterintelligence audio backlog and rec- (c) JURISDICTION.—This section shall apply ommendations for alleviating any backlog.’’. to any Federal employee, including the Fed- ligence and intelligence-related activi- eral Bureau of Investigation, the Central In- ties of the United States Government, SA 3918. Mr. LEAHY submitted an telligence Agency, the Defense Intelligence and for other purposes; which was or- amendment intended to be proposed by Agency, the National Imagery and Mapping dered to lie on the table; as follows: him to the bill S. 2845, to reform the in- Agency, the National Security Agency, the On page 132, line 23, strike ‘‘and’’. Department of Homeland Security, the telligence community and the intel- Transportation Security Administration, or On page 133, line 3, strike the period and ligence and intelligence-related activi- insert ‘‘; and’’. any other employee of the United States, as On page 133, between lines 3 and 4, insert ties of the United States Government, defined by section 2105 of title 5, United the following: and for other purposes; which was or- States Code, and to any employee or agent of (L) utilizing privacy-enhancing tech- dered to lie on the table; as follows: an entity subject to liability under sections 3729 et. seq. of title 5, United States Code, nologies that minimize the dissemination At the appropriate place, insert the fol- the False Claims Act. and disclosure of personally identifiable in- lowing: (d) PROHIBITED DISCRIMINATION.—No person formation. SEC. ll. WHISTLEBLOWER PROTECTION. covered by subsection (c) may be discharged, On page 153, between lines 2 and 3, insert (a) SHORT TITLE.—This section may be demoted, suspended, threatened, harassed, the following: cited as the ‘‘Congressional Right to Know investigated other than any ministerial or (o) LIMITATION ON FUNDS.—Notwith- Act’’. nondiscretionary fact finding activities nec- standing any other provision of this section, (b) FINDINGS.—Congress adopts herein spec- essary for the agency to perform its mission, none of the funds provided pursuant to sub- ified findings of the National Commission on or in any other manner discriminated section (n) may be obligated for deployment Terrorist Attacks Upon the United States against, including denial, suspension, rev- or implementation of the Network under (‘‘9–11 Commission’’) contained in the ‘‘9–11 ocation, or other determination relating to a subsection (f) unless— Commission Report’’ issued on July 22, 2004, security clearance or any other access deter- (1) the guidelines and requirements under and makes further findings as follows: mination because the person— subsection (e) are submitted to Congress; and (1) Prior to September 11, 2001, there were (1) is about to or provides information, (2) the Privacy and Civil Liberties Over- warnings of whistleblowers at the Federal causes information to be provided, or other- sight Board submits to Congress an assess- Bureau of Investigation, and other national wise communicates with any Member of Con- ment of whether those guidelines and re- security professionals about security break- gress or any committee of Congress as pro- quirements incorporate the necessary archi- downs in air security, border control and vided by section 7211 of title 5, United States tectural, operational, technological, and pro- emergency planning. Code, the Lloyd LaFollette Act of 1912, in- cedural safeguards to protect privacy and (2) Whistleblowers throughout the Execu- cluding disclosure of protected information civil liberties. tive branch who lawfully exercised the free- under Public Law 105–272, the Intelligence dom to warn were subjected to retaliation Community Whistleblower Protection Act; SA 3917. Mr. LEAHY (for himself and without effective legal defense. (2)(A) is about to, or communicates or pro- Mr. GRASSLEY) submitted an amend- (3) Safe communications channels that ef- vides information whose disclosure is not ment intended to be proposed by him fectively protect the freedom to warn serve specifically prohibited by law and if such in- to the bill S. 2845, to reform the intel- Congress’ right to know and are the lifeline formation is not specifically required by Ex- ligence community and the intel- for the Commission’s ‘‘most difficult and im- ecutive order to be kept secret in the inter- ligence and intelligence-related activi- portant’’ goal of ‘‘strengthening congres- est of national defense or the conduct of for- ties of the United States Government, sional oversight to improve quality and ac- eign affairs, cause such information to be countability’’. communicated or provided, or otherwise as- and for other purposes; which was or- (4) Effectively protecting whistleblowers’ sists in any lawful investigation of other ac- dered to lie on the table; as follows: freedom to warn is the necessary foundation tion to carry out the government’s respon- At the appropriate place, insert the fol- to implement and enforce 9–11 Commission sibilities regarding any conduct which the lowing: reforms over entrenched institutional resist- person reasonably believes is evidence of any SEC. ll. FBI TRANSLATOR REPORTING RE- ance, so that the pattern of announced re- violation of any law, rule or regulation, QUIREMENT. forms not effecting the necessary institu- gross waste, gross mismanagement, abuse of Section 205(c) of Public Law 107-56 (28 tional and cultural changes does not happen authority, or a substantial and specific dan- U.S.C. 532 note, 115 Stat. 282) is amended to again. ger to public health or safety when the infor- read as follows: (5) Whistleblowers lawfully exercising the mation or assistance is provided to or the in- ‘‘(c) REPORT.—Not later than 30 days after freedom to warn personify the 9–11 Commis- vestigation is conducted by— the date of enactment of the National Intel- sion’s conclusion that the ‘‘choice between (i) the President or the President’s author- ligence Reform Act of 2004, and annually security and liberty is a false choice’’ be- ized representative; S10150 CONGRESSIONAL RECORD — SENATE September 30, 2004

(ii) a Federal regulatory or law enforce- (h) DETERMINATIONS.—For purposes of sub- Subtitle A—Whistleblower Protection ment agency; section (d)(2), a determination as to whether SEC. 411. INCREASING PROTECTIONS FOR FBI (iii) any Member of Congress or any com- an employee or applicant reasonably believes WHISTLEBLOWERS. mittee of Congress; or that they have provided or otherwise com- Section 2303 of title 5, United States Code, (iv) a witness, coworker, or person with su- municated information that evidences any is amended to read as follows: pervisory authority over the person (or such violation of law, rule, regulation, gross mis- ‘‘§ 2303. Prohibited personnel practices in the other person who has the authority to inves- management, a gross waste of funds, an Federal Bureau of Investigation tigate, discover, or terminate misconduct); abuse of authority, or a substantial and spe- ‘‘(a) DEFINITION.—In this section, the term or cific danger to public health or safety shall ‘personnel action’ means any action de- (B) if communication of otherwise-covered be made by determining whether a disin- scribed in clauses (i) through (x) of section information is specifically prohibited by law terested observer with knowledge of the es- 2302(a)(2)(A). and if such information is required by Execu- sential facts known to and readily ascertain- ‘‘(b) PROHIBITED PRACTICES.—Any em- tive Order to be kept secret in the interest of able by the employee would reasonably con- ployee of the Federal Bureau of Investiga- national defense or the conduct of foreign af- clude that the actions evidence such violation who has the authority to take, direct fairs, it may be communicated to Congress tions, mismanagement, waste, abuse, or dan- others to take, recommend, or approve any pursuant to paragraph (1), the Special Coun- ger. personnel action, shall not, with respect to sel, the Inspector General of an agency, or (i) ENFORCEMENT ACTION.— such authority, take or fail to take a per- another employee designated by the head of (1) IN GENERAL.—A person who alleges dis- sonnel action with respect to any employee the agency to receive such disclosures; charge or other discrimination by any person of the Bureau or because of— (3) is about to or files, causes to be filed, in violation of this section may seek relief ‘‘(1) any disclosure of information by the testify, participate in, or otherwise assist in under this subsection, by— employee to the Attorney General (or an em- a proceeding or action filed or about to be (A) filing a complaint with the Merit Sys- ployee designated by the Attorney General filed relating to a violation of any law, rule, tems Protection Board for a violation of sec- for such purpose), a supervisor of the em- or regulation, or take any other lawful actions 2302(b)(8), 2302(b)(9), or 2302(b)(11) of ployee, the Inspector General for the Depart- tion to assist in carrying out the purposes of title 5, United States Code; or ment of Justice, or a Member of Congress the law, rule, or regulation; (B) if the Board has not issued a final deci- that the employee reasonably believes evi- (4) is about to or refuses to violate or as- sion within 180 days of the filing of the com- dences— sist in the violation of any law, rule, or regu- plaint and there is no showing that such ‘‘(A) a violation of any law, rule, or regula- lation; delay is due to the bad faith of the claimant, tion; or (5) is about to or communicates or provides bringing an action at law or equity for de ‘‘(B) mismanagement, a gross waste of information protected by this subsection or novo review in the appropriate district court funds, an abuse of authority, or a substantial cause such information to be provided or of the United States, which shall have juris- and specific danger to public health or safe- otherwise communicated, notwithstanding diction over such an action without regard ty; or any nondisclosure policy, form, or agree- to the amount in controversy. ‘‘(2) any disclosure of information by the ment, if such policy, form, or agreement does (2) PROCEDURE.— employee to the Special Counsel of informa- not contain the following statement, with an (A) BURDENS OF PROOF.—An action brought tion that the employee reasonably believes additional reference to this Act: ‘‘These pro- under this section shall be governed by the evidences— visions are consistent with and do not super- legal burdens of proof set forth in sections ‘‘(A) a violation of any law, rule, or regula- sede, conflict with, or otherwise alter the 1214 and 1221 of title 5, United States Code. tion; or employee obligations, rights, or liabilities (B) STATUTE OF LIMITATIONS.—An action ‘‘(B) mismanagement, a gross waste of created by Executive order No. 12958, section under paragraph (1) shall be commenced not funds, an abuse of authority, or a substantial 7211 of title 5, United States Code, United later than 1 year after the date on which the and specific danger to public health or safe- States Code (governing disclosures to Con- violation occurs. ty, gress), section 1034 of title 10, United States (j) RIGHTS RETAINED BY PERSON.—Nothing if such disclosure is not specifically prohib- Code (governing disclosure to Congress by in this section shall be deemed to diminish ited by law and if such information is not members of the military), section 2302(b)(8) the rights, privileges, or remedies of any per- specifically required by Executive order to of title 5, United States Code (governing dis- son under any Federal or State law, or under be kept secret in the interest of national de- closures of illegality, waste, fraud, abuse, or any collective bargaining agreement. fense or the conduct of foreign affairs. public health or safety threats), the Intel- ‘‘(c) INDIVIDUAL RIGHT OF ACTION.—Chapter (k) REMEDIES.— ligence Identities Protection Act of 1982 (50 12 of this title shall apply to an employee of (1) IN GENERAL.—A person prevailing in any U.S.C. 421 et seq.) (governing disclosures that the Federal Bureau of Investigation who action under subsection (i) shall be entitled could expose confidential Government claims that a personnel action has been agents), and the statutes which protect to all relief necessary to make the person taken under this section against the em- against disclosures that could compromise whole. ployee as a reprisal for any disclosure of in- national security, including sections 641, 793, (2) DAMAGES.—Relief for any action under formation described in subsection (b)(2). 794, 798, and 952 of title 18, United States paragraph (1) shall include— ‘‘(d) REGULATIONS.—The Attorney General Code, and section 4(b) of the Subversive Ac- (A) reinstatement or transfer to the first shall prescribe regulations to ensure that a tivities Control Act of 1950 (50 U.S.C. 783(b)). available position for which the person is personnel action under this section shall not The definitions, requirements, obligations, qualified with the same seniority status that be taken against an employee of the Federal rights, sanctions, and liabilities created by the person would have had, but for the dis- Bureau of Investigation as a reprisal for any such Executive order and such statutory pro- crimination; disclosure of information described in sub- visions are incorporated into this agreement (B) the amount of any back pay, with in- section (b)(1), and shall provide for the en- and are controlling.’’; terest; and forcement of such regulations in a manner (e) CLARIFICATION OF WHISTLEBLOWER (C) compensation for any compensatory, consistent with applicable provisions of sec- RIGHTS FOR CRITICAL INFRASTRUCTURE INFOR- consequential or special damages sustained tions 1214 and 1221, and in accordance with MATION.—Section 214(c) of the Homeland Se- as a result of the discrimination, including the procedures set forth in sections 554 curity Act of 2002 (Public Law 107–296) is litigation costs, expert witness fees, and rea- through 557 and 701 through 706.’’. sonable attorney fees. amended by adding at the end the following: Subtitle B—FBI Security Career Program ‘‘For purposes of this section a permissible SEC. 421. SECURITY MANAGEMENT POLICIES. use of independently obtained information SA 3919. Mr. LEAHY (for himself and The Attorney General shall establish poli- includes the disclosure of such information Mr. GRASSLEY) submitted an amend- cies and procedures for the effective manage- under section 7211 of title 5, United States ment intended to be proposed by him ment (including accession, education, train- Code, and section 2302(b)(8) of title 5, United ing, and career development) of persons serv- States Code and the provisions of this Act.’’. to the bill S. 2845, to reform the intelligence community and the intel- ing in security positions in the Federal Bu- (f) PROTECTED ACTIVITIES.—Activities pro- reau of Investigation. ligence and intelligence-related activi- tected by this section is covered without re- SEC. 422. DIRECTOR OF THE FEDERAL BUREAU striction to time, place, form, motive, con- ties of the United States Government, OF INVESTIGATION. text, policy or prior disclosure made to any and for other purposes; which was or- (a) IN GENERAL.—Subject to the authority, person by an employee or applicant, includ- dered to lie on the table; as follows: direction, and control of the Attorney Gen- ing a disclosure made in the ordinary course eral, the Director of the Federal Bureau of Add at the end the following: of an employee’s duties; Investigation (referred to in this subtitle as (g) PRESUMPTIONS.—For purposes of this TITLE IV—REFORM OF FEDERAL BUREAU the ‘‘Director’’) shall carry out all powers, section, any presumption relating to the per- OF INVESTIGATION functions, and duties of the Attorney Gen- formance of a duty by an employee who has eral with respect to the security workforce authority to take, direct others to take, rec- SEC. 401. SHORT TITLE. in the Federal Bureau of Investigation. ommend, or approve any personnel action This title may be cited as the ‘‘Federal Bu- (b) POLICY IMPLEMENTATION.—The Director may be rebutted by substantial evidence. reau of Investigation Reform Act of 2004’’. shall ensure that the policies of the Attorney September 30, 2004 CONGRESSIONAL RECORD — SENATE S10151 General established in accordance with this (B) is essential for performance of the du- ligence and the Secretary of Defense, shall title are implemented throughout the Fed- ties of the position; or establish and implement education and eral Bureau of Investigation at both the (C) is necessary for another compelling training programs for persons serving in se- headquarters and field office levels. reason. curity positions in the Federal Bureau of In- SEC. 423. DIRECTOR OF SECURITY. (3) REPORT.—Not later than December 15 of vestigation. The Director shall appoint a Director of each year, the Director shall submit to the (b) OTHER PROGRAMS.—The Director shall Security, or such other title as the Director Attorney General a report that lists— ensure that programs established under sub- may determine, to assist the Director in the (A) each security position that is re- section (a) are established and implemented, performance of the duties of the Director stricted to Special Agents under the policy to the maximum extent practicable, uni- under this title. established under paragraph (2); and formly with the programs of the Intelligence SEC. 424. SECURITY CAREER PROGRAM BOARDS. (B) the recommendation of the Director as Community and the Department of Defense. to whether each restricted security position (a) ESTABLISHMENT.—The Director acting SEC. 429. OFFICE OF PERSONNEL MANAGEMENT through the Director of Security shall estab- should remain restricted. APPROVAL. lish a security career program board to ad- (c) OPPORTUNITIES TO QUALIFY.—The Attor- (a) IN GENERAL.—The Attorney General vise the Director in managing the hiring, ney General shall ensure that all personnel, including Special Agents, are provided the shall submit any requirement that is estab- training, education, and career development lished under section 427 to the Director of of personnel in the security workforce of the opportunity to acquire the education, training, and experience necessary to qualify for the Office of Personnel Management for ap- Federal Bureau of Investigation. proval. (b) COMPOSITION OF BOARD.—The security senior security positions. career program board shall include— (d) BEST QUALIFIED.—The Attorney Gen- (b) FINAL APPROVAL.—If the Director does (1) the Director of Security (or a represent- eral shall ensure that the policies estab- not disapprove the requirements established ative of the Director of Security); lished under this title are designed to pro- under section 427 within 30 days after the (2) the senior officials, as designated by the vide for the selection of the best qualified in- date on which the Director receives the re- Director, with responsibility for personnel dividual for a position, consistent with other quirement, the requirement is deemed to be management; applicable law. approved by the Director of the Office of Per- (3) the senior officials, as designated by the (e) ASSIGNMENTS POLICY.—The Attorney sonnel Management. Director, with responsibility for information General shall establish a policy for assigning Subtitle C—FBI Counterintelligence management; Special Agents to security positions that Polygraph Program (4) the senior officials, as designated by the provides for a balance between— SEC. 431. DEFINITIONS. Director, with responsibility for training and (1) the need for personnel to serve in career career development in the various security enhancing positions; and In this subtitle: disciplines; and (2) the need for requiring service in each (1) POLYGRAPH PROGRAM.—The term ‘‘poly- (5) such other senior officials for the intel- such position for sufficient time to provide graph program’’ means the counterintelligence community as the Director may des- the stability necessary to carry out effec- ligence screening polygraph program estab- ignate. tively the duties of the position and to allow lished under section 432. (c) CHAIRPERSON.—The Director of Security for the establishment of responsibility and (2) POLYGRAPH REVIEW.—The term ‘‘Poly- (or a representative of the Director of Secu- accountability for actions taken in the posi- graph Review’’ means the review of the sci- rity) shall be the chairperson of the board. tion. entific validity of the polygraph for counter- (d) SUBORDINATE BOARDS.—The Director of (f) LENGTH OF ASSIGNMENT.—In imple- intelligence screening purposes conducted by Security may establish a subordinate board menting the policy established under sub- the Committee to Review the Scientific Evi- structure to which functions of the security section (b)(2), the Director shall provide, as dence on the Polygraph of the National career program board may be delegated. appropriate, for longer lengths of assign- Academy of Sciences. SEC. 425. DESIGNATION OF SECURITY POSITIONS. ments to security positions than assign- SEC. 432. ESTABLISHMENT OF PROGRAM. ments to other positions. (a) DESIGNATION.—The Director shall des- Not later than 6 months after the date of (g) PERFORMANCE APPRAISALS.—The Direc- ignate, by regulation, those positions in the enactment of this Act, the Attorney General, Federal Bureau of Investigation that are se- tor shall provide an opportunity for review and inclusion of any comments on any ap- in consultation with the Director of the Fed- curity positions for purposes of this title. eral Bureau of Investigation and the Direc- (b) REQUIRED POSITIONS.—In designating praisal of the performance of a person serving in a security position by a person serving tor of Security of the Federal Bureau of In- security positions under subsection (a), the vestigation, shall establish a counterintel- Director shall include, at a minimum, all sein a security position in the same security career field. ligence screening polygraph program for the curity-related positions in the areas of— Federal Bureau of Investigation that con- (1) personnel security and access control; (h) BALANCED WORKFORCE POLICY.—In the development of security workforce policies sists of periodic polygraph examinations of (2) information systems security and infor- employees, or contractor employees of the mation assurance; under this Act with respect to any employees or applicants for employment, the Attor- Federal Bureau of Investigation who are in (3) physical security and technical surveil- positions specified by the Director of the lance countermeasures; ney General shall, consistent with the merit system principles set out in paragraphs (1) Federal Bureau of Investigation as excep- (4) operational, program, and industrial se- tionally sensitive in order to minimize the curity; and and (2) of section 2301(b) of title 5, United States Code, take into consideration the potential for unauthorized release or disclo- (5) information security and classification sure of exceptionally sensitive information. management. need to maintain a balanced workforce in SEC. 433. REGULATIONS. SEC. 426. CAREER DEVELOPMENT. which women and members of racial and eth- nic minority groups are appropriately rep- (a) CAREER PATHS.—The Director shall en- (a) IN GENERAL.—The Attorney General sure that appropriate career paths for per- resented in Government service. shall prescribe regulations for the polygraph sonnel who wish to pursue careers in secu- SEC. 427. GENERAL EDUCATION, TRAINING, AND program in accordance with subchapter II of rity are identified in terms of the education, EXPERIENCE REQUIREMENTS. chapter 5 of title 5, United States Code (com- training, experience, and assignments nec- (a) IN GENERAL.—The Director shall estab- monly referred to as the Administrative Pro- essary for career progression to the most lish education, training, and experience re- cedures Act). senior security positions and shall make quirements for each security position, based (b) CONSIDERATIONS.—In prescribing regula- available published information on those ca- on the level of complexity of duties carried tions under subsection (a), the Attorney reer paths. out in the position. General shall— (b) LIMITATION ON PREFERENCE FOR SPECIAL (b) QUALIFICATION REQUIREMENTS.—Before (1) take into account the results of the AGENTS.— being assigned to a position as a program Polygraph Review; and (1) IN GENERAL.—Except as provided in the manager or deputy program manager of a (2) include procedures for— policy established under paragraph (2), the significant security program, a person— (A) identifying and addressing false posi- Attorney General shall ensure that no re- (1) must have completed a security pro- tive results of polygraph examinations; quirement or preference for a Special Agent gram management course that is accredited (B) ensuring that adverse personnel actions of the Federal Bureau of Investigation (re- by the Intelligence Community-Department are not taken against an individual solely by ferred to in this subtitle as a ‘‘Special of Defense Joint Security Training Consor- reason of the physiological reaction of the Agent’’) is used in the consideration of per- tium or is determined to be comparable by individual to a question in a polygraph ex- sons for security positions. the Director; and amination, unless— (2) POLICY.—The Attorney General shall es- (2) must have not less than 6 years experi- (i) reasonable efforts are first made inde- tablish a policy that permits a particular se- ence in security, of which not less than 2 pendently to determine through alternative curity position to be specified as available years were performed in a similar program means, the veracity of the response of the in- only to Special Agents, if a determination is office or organization. dividual to the question; and made, under criteria specified in the policy, SEC. 428. EDUCATION AND TRAINING PROGRAMS. (ii) the Director of the Federal Bureau of that a Special Agent— (a) IN GENERAL.—The Director, in consulta- Investigation determines personally that the (A) is required for that position by law; tion with the Director of Central Intel- personnel action is justified; S10152 CONGRESSIONAL RECORD — SENATE September 30, 2004 (C) ensuring quality assurance and quality the Office of the Inspector General shall sub- ligence community and the intel- control in accordance with any guidance pro- mit to the chairperson and ranking member ligence and intelligence-related activi- vided by the Department of Defense Poly- of the Committees on the Judiciary of the ties of the United States Government, graph Institute and the Director of Central Senate and the House of Representatives an and for other purposes; which was or- Intelligence; and annual report to be completed by the Federal (D) allowing any employee or contractor Bureau of Investigation, Office of Profes- dered to lie on the table; as follows: who is the subject of a counterintelligence sional Responsibility and provided to the In- On page 177, after line 17, add the fol- screening polygraph examination under the spector General, which sets forth— lowing: polygraph program, upon written request, to (1) basic information on each investigation Subtitle D—Foreign Intelligence Surveillance have prompt access to any unclassified re- completed by that Office; SEC. 231. SHORT TITLE. ports regarding an examination that relates (2) the findings and recommendations of This subtitle may be cited as the ‘‘Domes- to any adverse personnel action taken with that Office for disciplinary action; and tic Surveillance Oversight Act of 2004’’. respect to the individual. (3) what, if any, action was taken by the SEC. 232. IMPROVEMENTS TO FOREIGN INTEL- SEC. 434. REPORT ON FURTHER ENHANCEMENT Director of the Federal Bureau of Investiga- LIGENCE SURVEILLANCE ACT OF OF FBI PERSONNEL SECURITY PRO- tion or the designee of the Director based on 1978. GRAM. any such recommendation. (a) RULES AND PROCEDURES FOR FISA (a) IN GENERAL.—Not later than 9 months (b) CONTENTS.—In addition to all matters COURTS.—Section 103 of the Foreign Intel- after the date of enactment of this Act, the already included in the annual report de- ligence Surveillance Act of 1978 (50 U.S.C. Director of the Federal Bureau of Investiga- scribed in subsection (a), the report shall 1803) is amended by adding at the end the fol- tion shall submit to Congress a report set- also include an analysis of— lowing new subsection: ting forth recommendations for any legisla- (1) whether senior Federal Bureau of Inves- ‘‘(e)(1) The courts established pursuant to tive action that the Director considers ap- tigation employees and lower level Federal subsections (a) and (b) may establish such propriate in order to enhance the personnel Bureau of Investigation personnel are being rules and procedures, and take such actions, security program of the Federal Bureau of disciplined and investigated similarly; and as are reasonably necessary to administer Investigation. (2) whether any double standard is being their responsibilities under this Act. (b) POLYGRAPH REVIEW RESULTS.—Any rec- ‘‘(2) The rules and procedures established ommendation under subsection (a) regarding employed to more senior employees with re- under paragraph (1), and any modifications the use of polygraphs shall take into account spect to allegations of misconduct. of such rules and procedures, shall be re- the results of the Polygraph Review. Subtitle F—Enhancing Security at the Department of Justice corded, and shall be transmitted to the fol- Subtitle D—Reports lowing: SEC. 441. REPORT ON LEGAL AUTHORITY FOR FBI SEC. 461. REPORT ON THE PROTECTION OF SECU- ‘‘(A) All of the judges on the court estab- PROGRAMS AND ACTIVITIES. RITY AND INFORMATION AT THE DE- PARTMENT OF JUSTICE. lished pursuant to subsection (a). (a) IN GENERAL.—Not later than 9 months ‘‘(B) All of the judges on the court of re- after the date of enactment of this Act, the Not later than 9 months after the date of enactment of this Act, the Attorney General view established pursuant to subsection (b). Attorney General shall submit to Congress a ‘‘(C) The Chief Justice of the United report describing the statutory and other shall submit to Congress a report on the States. legal authority for all programs and activi- manner in which the Security and Emer- ‘‘(D) The Committee on the Judiciary of ties of the Federal Bureau of Investigation. gency Planning Staff, the Office of Intel- the Senate. (b) CONTENTS.—The report submitted under ligence Policy and Review, and the Chief In- subsection (a) shall describe— formation Officer of the Department of Jus- ‘‘(E) The Select Committee on Intelligence (1) the titles within the United States Code tice plan to improve the protection of secu- of the Senate. and the statutes for which the Federal Bu- rity and information at the Department of ‘‘(F) The Committee on the Judiciary of reau of Investigation exercises investigative Justice, including a plan to establish secure the House of Representatives. responsibility; electronic communications between the Fed- ‘‘(G) The Permanent Select Committee on (2) each program or activity of the Federal eral Bureau of Investigation and the Office of Intelligence of the House of Representa- Bureau of Investigation that has express Intelligence Policy and Review for proc- tives.’’. (b) REPORTING REQUIREMENTS.—(1) The statutory authority and the statute which essing information related to the Foreign In- Foreign Intelligence Surveillance Act of 1978 provides that authority; and telligence Surveillance Act of 1978 (50 U.S.C. (50 U.S.C. 1801 et seq.) is further amended— (3) each program or activity of the Federal 1801 et seq.). Bureau of Investigation that does not have (A) by redesignating title VI as title VII, SEC. 462. AUTHORIZATION FOR INCREASED RE- and section 601 as section 701, respectively; express statutory authority, and the source SOURCES TO PROTECT SECURITY of the legal authority for that program or AND INFORMATION. and activity. There are authorized to be appropriated to (B) by inserting after title V the following (c) RECOMMENDATIONS.—The report sub- the Department of Justice for the activities new title: mitted under subsection (a) shall recommend of the Security and Emergency Planning ‘‘TITLE VI—PUBLIC REPORTING whether— Staff to meet the increased demands to pro- REQUIREMENT (1) the Federal Bureau of Investigation vide personnel, physical, information, tech- ‘‘PUBLIC REPORT OF THE ATTORNEY GENERAL should continue to have investigative re- nical, and litigation security for the Depart- ‘‘SEC. 601. In addition to the reports responsibility for each statute for which the ment of Justice, to prepare for terrorist quired by sections 107, 108, 306, 406, and 502, Federal Bureau of Investigation currently threats and other emergencies, and to review in April of each year, the Attorney General has investigative responsibility; security compliance by components of the shall issue a public report setting forth with (2) the legal authority for any program or Department of Justice— respect to the preceding calendar year— activity of the Federal Bureau of Investiga- (1) $13,000,000 for fiscal years 2004 and 2005; ‘‘(1) the aggregate number of United States tion should be modified or repealed; (2) $17,000,000 for fiscal year 2006; and persons targeted for orders issued under this (3) the Federal Bureau of Investigation (3) $22,000,000 for fiscal year 2007. Act, including those targeted for— should have express statutory authority for SEC. 463. AUTHORIZATION FOR INCREASED RE- ‘‘(A) electronic surveillance under section any program or activity of the Federal Bu- SOURCES TO FULFILL NATIONAL SE- 105; reau of Investigation for which the Federal CURITY MISSION OF THE DEPART- ‘‘(B) physical searches under section 304; Bureau of Investigation does not currently MENT OF JUSTICE. ‘‘(C) pen registers under section 402; and have express statutory authority; and There are authorized to be appropriated to ‘‘(D) access to records under section 501; (4) the Federal Bureau of Investigation the Department of Justice for the activities should— ‘‘(2) the number of times that the Attorney of the Office of Intelligence Policy and Re- General has authorized that information ob- (A) have authority for any new program or view to help meet the increased personnel activity; and tained under such sections or any informa- demands to combat terrorism, process appli- tion derived therefrom may be used in a (B) express statutory authority with re- cations to the Foreign Intelligence Surveil- spect to any new programs or activities. criminal proceeding; lance Court, participate effectively in coun- ‘‘(3) the number of times that a statement Subtitle E—Ending the Double Standard terespionage investigations, provide policy was completed pursuant to section 106(b), SEC. 451. ALLOWING DISCIPLINARY SUSPEN- analysis and oversight on national security 305(c), or 405(b) to accompany a disclosure of SIONS OF MEMBERS OF THE SENIOR matters, and enhance secure computer and information acquired under this Act for law EXECUTIVE SERVICE FOR 14 DAYS telecommunications facilities— enforcement purposes; and OR LESS. (1) $7,000,000 for fiscal years 2004 and 2005; Section 7542 of title 5, United States Code, ‘‘(4) in a manner consistent with the pro- (2) $7,500,000 for fiscal year 2006; and tection of the national security of the United is amended by striking ‘‘for more than 14 (3) $8,000,000 for fiscal year 2007. days’’. States— ‘‘(A) the portions of the documents and ap- SEC. 452. SUBMITTING OFFICE OF PROFES- SA 3920. Mr. LEAHY (for himself and SIONAL RESPONSIBILITY REPORTS plications filed with the courts established TO CONGRESSIONAL COMMITTEES. Mr. GRASSLEY) submitted an amend- under section 103 that include significant (a) IN GENERAL.—For each of the 5 years ment intended to be proposed by him construction or interpretation of the provi- following the date of enactment of this Act, to the bill S. 2845, to reform the intel- sions of this Act or any provision of the September 30, 2004 CONGRESSIONAL RECORD — SENATE S10153 United States Constitution, not including and for other purposes; which was or- through November 30, 2001. The preceding the facts of any particular matter, which dered to lie on the table; as follows: sentence does not apply to a civil action to may be redacted; At the appropriate place, insert the fol- recover any collateral source obligation ‘‘(B) the portions of the opinions and or- lowing: based on contract, or to a civil action ders of the courts established under section against any person who is a knowing partici- SEC. ll. ANTHRAX VICTIMS FUND. 103 that include significant construction or pant in any conspiracy to commit any ter- (a) REFERENCES.—Except as otherwise ex- rorist act. interpretation of the provisions of this Act pressly provided, wherever in this Act an ‘‘(ii) PENDING ACTIONS.—In the case of an or any provision of the United States Con- amendment or repeal is expressed in terms of individual who is a party to a civil action de- stitution, not including the facts of any par- an amendment to, or repeal of, a section or scribed in clause (i), such individual may not ticular matter, which may be redacted; and other provision, the reference shall be con- submit a claim under this title unless such ‘‘(C) in the first report submitted under sidered a reference to the September 11th individual withdraws from such action by this section, the matters specified in sub- Victim Compensation Fund of 2001 (Public the date that is 90 days after the date on paragraphs (A) and (B) for all documents and Law 107–42; 49 U.S.C. 40101 note). which regulations are promulgated under applications filed with the courts established (b) COMPENSATION FOR VICTIMS OF TER- section 4 of the Anthrax Victims Fund Fair- under section 103, and all otherwise unpub- RORIST ACTS.— ness Act of 2003. lished opinions and orders of that court, for (1) DEFINITIONS.—Section 402(6) is amended ‘‘(D) INDIVIDUALS WITH PRIOR COMPENSA- the 4 years before the preceding calendar by inserting ‘‘or related to a terrorist-re- TION.— year in addition to that year.’’. lated laboratory-confirmed anthrax infection ‘‘(i) IN GENERAL.—Subject to clause (ii), an (2) The table of contents for that Act is in the United States during the period begin- individual is not an eligible individual for amended by striking the items for title VI ning on September 13, 2001, through Novem- purposes of this subsection if that individual, and inserting the following new items: ber 30, 2001’’ before the period. or the estate of that individual, has received ‘‘TITLE VI—PUBLIC REPORTING (2) PURPOSE.—Section 403 is amended by in- any compensation from a civil action or set- REQUIREMENT serting ‘‘or as a result of a terrorist-related tlement based on tort related to a terrorist- laboratory-confirmed anthrax infection in ‘‘Sec. 601. Public report of the Attorney related laboratory-confirmed anthrax infec- the United States during the period begin- General. tion in the United States during the period ning on September 13, 2001, through Novem- ‘‘TITLE VII—EFFECTIVE DATE beginning on September 13, 2001, through No- ber 30, 2001’’ before the period. ‘‘Sec. 701. Effective date.’’. vember 30, 2001. (3) DETERMINATION OF ELIGIBILITY FOR COM- ‘‘(ii) EXCEPTION.—Clause (i) shall not apply SEC. 233. ADDITIONAL IMPROVEMENTS OF CON- PENSATION.— GRESSIONAL OVERSIGHT OF SUR- to compensation received from a civil action (A) CLAIM FORM CONTENTS.—Section VEILLANCE ACTIVITIES. against any person who is a knowing partici- 405(a)(2)(B) is amended— (a) TITLE 18, UNITED STATES CODE.—Sec- pant in any conspiracy to commit any ter- (i) in clause (i), by inserting ‘‘or as a result tion 2709(e) of title 18, United States Code, is rorist act.’’. of a terrorist-related laboratory-confirmed amended by adding at the end the following (iii) INELIGIBILITY OF PARTICIPANTS AND anthrax infection in the United States dur- new sentence: ‘‘The information shall in- CONSPIRATORS.—Section 405(c) is amended by ing the period beginning on September 13, clude a separate statement of all such re- adding at the end the following: 2001, through November 30, 2001’’ before the quests made of institutions operating as pub- ‘‘(4) INELIGIBILITY OF PARTICIPANTS AND semicolon; lic libraries or serving as libraries of sec- CONSPIRATORS.—An individual, or a rep- (ii) in clause (ii), by inserting ‘‘or terrorist- ondary schools or institutions of higher edu- resentative of that individual, shall not be related laboratory-confirmed anthrax infec- cation.’’. eligible to receive compensation under this tion’’ before the semicolon; and (b) RIGHT TO FINANCIAL PRIVACY ACT OF title if that individual is identified by the (iii) in clause (iii), by inserting ‘‘or ter- 1978.—Section 1114(a)(5)(C) of the Right to Fi- Attorney General to have been a participant rorist-related laboratory-confirmed anthrax nancial Privacy Act of 1978 (12 U.S.C. or conspirator in a terrorist-related labora- infection’’ before the period. 3414(a)(5)(C)) is amended to read as follows: tory-confirmed anthrax infection in the (B) LIMITATION.—Section 405(a)(3) is ‘‘(C)(i) On a semiannual basis the Attorney United States during the period beginning on amended by striking ‘‘2 years’’ and inserting General shall fully inform the congressional September 13, 2001, through November 30, ‘‘3 years’’. intelligence committees, the Committee on 2001.’’. (C) COLLATERAL COMPENSATION.—Section the Judiciary of the House of Representa- (c) REGULATIONS.—Not later than 90 days 405(b)(6) is amended by inserting ‘‘or as a re- tives, and the Committee on the Judiciary of after the date of enactment of this section, sult of a terrorist-related laboratory-con- the Senate concerning all requests made pur- the Attorney General, in consultation with firmed anthrax infection in the United suant to this paragraph. the Special Master, shall promulgate regula- ‘‘(ii) In the case of the semiannual reports States during the period beginning on Sep- tions to carry out the amendments made by required to be submitted under clause (i) to tember 13, 2001, through November 30, 2001’’ this section, including regulations with re- the congressional intelligence committees, before the period. spect to— the submittal dates for such reports shall be (D) ELIGIBILITY.— (1) forms to be used in submitting claims as provided in section 507 of the National Se- (i) INDIVIDUALS.—Section 405(c)(2) is under this Act; curity Act of 1947. amended— (2) the information to be included in such ‘‘(iii) In this subparagraph, the term ‘con- (I) in subparagraph (B), by striking ‘‘or’’ forms; gressional intelligence committees’ has the after the semicolon; (3) procedures for hearing and the presen- meaning given that term in section 3 of the (II) in subparagraph (C)— tation of evidence; National Security Act of 1947 (50 U.S.C. (aa) by striking ‘‘or (B)’’ and inserting ‘‘, (4) procedures to assist an individual in fil- 401a).’’. (B), or (C)’’; and ing and pursuing claims under this section; (bb) striking ‘‘(C)’’ and inserting ‘‘(D)’’; (c) FAIR CREDIT REPORTING ACT.—Section and 625(h)(1) of the Fair Credit Reporting Act (15 and (5) other matters determined appropriate U.S.C. 1681u(h)(1)), as amended by section (III) by inserting after subparagraph (B) by the Attorney General. 811(b)(8)(B) of the Intelligence Authorization the following: Act for Fiscal Year 2003 (Public Law 107–306), ‘‘(C) an individual who suffered physical SA 3922. Mr. DURBIN submitted an is further amended— harm or death as a result of a terrorist-re- amendment intended to be proposed by (1) by striking ‘‘and the Committee on lated laboratory-confirmed anthrax infection him to the bill S. 2845, to reform the in- Banking, Finance and Urban Affairs of the in the United States during the period begin- telligence community and the intel- House of Representatives’’ and inserting ‘‘, ning on September 13, 2001, through Novem- ber 30, 2001; or ’’. ligence and intelligence-related activi- the Committee on Financial Services, and ties of the United States Government, the Committee on the Judiciary of the House (ii) REQUIREMENTS.—Section 405(c)(3) is amended— and for other purposes; which was or- of Representatives’’; and dered to lie on the table; as follows: (2) by striking ‘‘and the Committee on (I) in the heading for subparagraph (B) by Banking, Housing, and Urban Affairs of the inserting ‘‘RELATING TO SEPTEMBER 11TH TER- At the appropriate place, insert the fol- Senate’’ and inserting ‘‘, the Committee on RORIST ACTS’’ before the period; and lowing: Banking, Housing, and Urban Affairs, and (II) by adding at the end the following: TITLE ll—SAFE ACT the Committee on the Judiciary of the Sen- ‘‘(C) LIMITATION ON CIVIL ACTION RELATING SEC. ll01. SHORT TITLE. ate’’. TO OTHER TERRORIST ACTS.— This title may be cited as the ‘‘Security ‘‘(i) IN GENERAL.—Upon the submission of a and Freedom Ensured Act of 2004’’ or the SA 3921. Mr. LEAHY submitted an claim under this title, the claimant waives ‘‘SAFE Act’’. amendment intended to be proposed by the right to file a civil action (or to be a SEC. ll02. LIMITATION ON ROVING WIRETAPS party to an action) in any Federal or State him to the bill S. 2845, to reform the in- UNDER FOREIGN INTELLIGENCE court for damages sustained as a result of a SURVEILLANCE ACT OF 1978. telligence community and the intel- terrorist-related laboratory-confirmed an- Section 105(c) of the Foreign Intelligence ligence and intelligence-related activi- thrax infection in the United States during Surveillance Act of 1978 (50 U.S.C. 1805(c)) is ties of the United States Government, the period beginning on September 13, 2001, amended— S10154 CONGRESSIONAL RECORD — SENATE September 30, 2004 (1) in paragraph (1), by striking subpara- shall cease to have effect on December 31, (2) by inserting ‘‘and section 505’’ after ‘‘by graphs (A) and (B) and inserting the fol- 2005. those sections)’’. lowing: (2) EXCEPTION.—With respect to any par- ‘‘(A)(i) the identity of the target of elec- ticular foreign intelligence investigation tronic surveillance, if known; or that began before the date on which the pro- SA 3923. Mr. DURBIN (for himself, ‘‘(ii) if the identity of the target is not visions referred to in paragraph (1) cease to Mr. LEAHY, and Mr. SARBANES) sub- known, a description of the target and the have effect, or with respect to any particular mitted an amendment intended to be nature and location of the facilities and offense or potential offense that began or oc- proposed by him to the bill S. 2845, to places at which the electronic surveillance curred before the date on which the provi- reform the intelligence community and will be directed; sions referred to in paragraph (1) cease to ‘‘(B)(i) the nature and location of each of have effect, such provisions shall continue in the intelligence and intelligence-re- the facilities or places at which the elec- effect. lated activities of the United States tronic surveillance will be directed, if SEC. ll04. PRIVACY PROTECTIONS FOR LI- Government, and for other purposes; known; and BRARY, BOOKSELLER, AND OTHER which was ordered to lie on the table; ‘‘(ii) if any of the facilities or places are PERSONAL RECORDS UNDER FOR- as follows: unknown, the identity of the target;’’; and EIGN INTELLIGENCE SURVEILLANCE (2) in paragraph (2)— ACT OF 1978. On page 154, strike lines 1 through 3 and in- (A) by redesignating subparagraphs (B) (a) APPLICATIONS FOR ORDERS.—Section sert the following: through (D) as subparagraphs (C) through 501(b)(2) of the Foreign Intelligence Surveil- (1) analyze and review actions the execu- (E), respectively; and lance Act of 1978 (50 U.S.C. 1861(b)(2)) is tive branch takes to protect the Nation from (B) by inserting after subparagraph (A), amended— terrorism, ensuring that the need for such the following: (1) by striking ‘‘shall specify that the actions is balanced with the need to protect ‘‘(B) in cases where the facility or place at records’’ and inserting ‘‘shall specify that— privacy and civil liberties; and which the surveillance will be directed is not ‘‘(A) the records’’; and On page 155, line 6 strike beginning with known at the time the order is issued, that (2) by striking the period at the end and in- ‘‘has’’ through line 9 and insert the fol- the surveillance be conducted only when the serting the following: ‘‘; and presence of the target at a particular facility ‘‘(B) there are specific and articulable facts lowing: ‘‘has established— or place is ascertained by the person con- giving reason to believe that the person to ‘‘(i) that the need for the power is balanced ducting the surveillance;’’. whom the records pertain is a foreign power with the need to protect privacy and civil or an agent of a foreign power.’’. liberties;’’. ll SEC. 03. LIMITATION ON AUTHORITY TO (b) ORDERS.—Section 501(c)(1) of the For- DELAY NOTICE OF SEARCH WAR- eign Intelligence Surveillance Act of 1978 (50 On page 166, strike lines 4 through 6 and in- RANTS. U.S.C. 1861(c)(1)) is amended by striking sert the following: ‘‘element has estab- (a) IN GENERAL.—Section 3103a of title 18, ‘‘finds that’’ and all that follows and insert- lished— United States Code, is amended— ing ‘‘finds that— ‘‘(i) that the need for the power is balanced (1) in subsection (b)— ‘‘(A) there are specific and articulable with the need to protect privacy and civil (A) in paragraph (1), by striking ‘‘may have facts giving reason to believe that the person liberties;’’. an adverse result (as defined in section 2705)’’ to whom the records pertain is a foreign and inserting ‘‘will— power or an agent of a foreign power; and ‘‘(A) endanger the life or physical safety of ‘‘(B) the application meets the other re- SA 3924. Mr. ROBERTS (for himself an individual; quirements of this section.’’. and Mr. DEWINE) submitted an amend- ‘‘(B) result in flight from prosecution; or (c) OVERSIGHT OF REQUESTS FOR PRODUC- ment intended to be proposed by him ‘‘(C) result in the destruction of, or tam- TION OF RECORDS.—Section 502(a) of the For- to the bill S. 2845, to reform the intel- pering with, the evidence sought under the eign Intelligence Surveillance Act of 1978 (50 ligence community and the intel- warrant’’; and U.S.C. 1862) is amended to read as follows: (B) in paragraph (3), by striking ‘‘within a ligence and intelligence-related activi- ‘‘(a) On a semiannual basis, the Attorney ties of the United States Government, reasonable period’’ and all that follows and General shall, with respect to all requests for inserting ‘‘not later than 7 days after the the production of tangible things under sec- and for other purposes; which was or- execution of the warrant, which period may tion 501, fully inform— dered to lie on the table; as follows: be extended by the court for an additional ‘‘(1) the Select Committee on Intelligence On page 124, after line 12, insert the fol- period of not more than 7 days each time the of the Senate; lowing: court finds reasonable cause to believe, pur- ‘‘(2) the Committee on the Judiciary of the suant to a request by the Attorney General, Senate; (g) ENTERPRISE ARCHITECTURE.—(1) The Di- the Deputy Attorney General, or an Asso- ‘‘(3) the Permanent Select Committee on rector of the Federal Bureau of Investigation ciate Attorney General, that notice of the Intelligence of the House of Representatives; shall— execution of the warrant will— and (A) maintain an up to date enterprise ar- ‘‘(A) endanger the life or physical safety of ‘‘(4) the Committee on the Judiciary of the chitecture or computer needs blueprint; and an individual; House of Representatives.’’. (B) report annually to Congress on this en- ‘‘(B) result in flight from prosecution; or SEC. ll05. PRIVACY PROTECTIONS FOR COM- terprise architecture and whether the Fed- ‘‘(C) result in the destruction of, or tam- PUTER USERS AT LIBRARIES UNDER eral Bureau of Investigation is complying pering with, the evidence sought under the NATIONAL SECURITY AUTHORITY. with the architecture. warrant.’’; and Section 2709 of title 18, United States Code, (2) If the Director of the Federal Bureau of (2) by adding at the end the following: is amended— Investigation determines that the Federal ‘‘(c) REPORTS.— (1) in subsection (a)— Bureau of Investigation will not be able to ‘‘(1) IN GENERAL.—Every 6 months, the At- (A) by striking ‘‘A wire’’ and inserting the comply with the architecture within any 3- torney General shall submit a report to Con- following: month period— gress summarizing, with respect to warrants ‘‘(1) IN GENERAL.—A wire’’; and (A) the Director shall make an interim re- under subsection (b), the requests made by (B) by adding at the end the following: port to Congress on why there was a failure the Department of Justice for delays of no- ‘‘(2) EXCEPTION.—A library shall not be to comply; and tice and extensions of delays of notice during treated as a wire or electronic communica- (B) if the reason is substantially related to the previous 6-month period. tion service provider for purposes of this sec- resources, the Director shall submit with the ‘‘(2) CONTENTS.—Each report submitted tion.’’; and interim notice a request for additional fund- under paragraph (1) shall include, for the (2) by adding at the end the following: ing that would resolve the problem or a re- preceding 6-month period— ‘‘(f) DEFINED TERM.—In this section, the quest to reprogram funds that would resolve ‘‘(A) the number of requests for delays of term ‘library’ means a library (as that term the problem. notice with respect to warrants under sub- is defined in section 213(2) of the Library section (b), categorized as granted, denied, or Services and Technology Act (20 U.S.C. pending; and 9122(2)) whose services include access to the SA 3925. Mr. KYL submitted an ‘‘(B) for each request for delayed notice Internet, books, journals, magazines, news- amendment intended to be proposed by that was granted, the number of requests for papers, or other similar forms of commu- extensions of the delay of notice, categorized nication in print or digitally to patrons for him to the bill S. 2845, to reform the inas granted, denied, or pending. their use, review, examination, or circula- telligence community and the intel- ‘‘(3) PUBLIC AVAILABILITY.—The Attorney tion.’’. ligence and intelligence-related activi- General shall make the report submitted SEC. ll06. EXTENSION OF PATRIOT SUNSET ties of the United States Government, under paragraph (1) available to the public.’’. PROVISION. and for other purposes; which was or- (b) SUNSET PROVISION.— Section 224(a) of the USA PATRIOT ACT dered to lie on the table; as follows: (1) IN GENERAL.—Subsections (b) and (c) of (18 U.S.C. 2510 note) is amended— section 3103a of title 18, United States Code, (1) by striking ‘‘213, 216, 219,’’; and At the end of the bill, insert the following: September 30, 2004 CONGRESSIONAL RECORD — SENATE S10155 TITLE ll—SOCIAL SECURITY SEC. ll02. EMPLOYMENT ELIGIBILITY DATA- verification shall be made in accordance PROTECTION BASE. with procedures prescribed by the Secretary (a) IN GENERAL.—The Secretary of Home- SEC. ll01. AMENDMENTS TO THE SOCIAL SECU- for the purposes of ensuring against fraudu- RITY ACT RELATING TO IDENTIFICA- land Security (hereinafter in this title re- lent use of the card and accurate and prompt TION OF INDIVIDUALS. ferred to as ‘‘the Secretary’’) shall establish verification of the authorization of such in- (a) ANTIFRAUD MEASURES FOR SOCIAL SECU- and maintain an Employment Eligibility dividual to work in the United States in such RITY CARDS.—Section 205(c)(2)(G) of the So- Database. The Database shall include data capacity. cial Security Act (42 U.S.C. 405(c)(2)(G)) is comprised of the citizenship status of indi- (2) VERIFICATION PROCEDURES.—Such proce- amended— viduals and the work and residency eligi- dures shall include use of a card-reader de- (1) by inserting ‘‘(i)’’ after ‘‘(G)’’; bility information (including expiration vice approved by the Secretary that is capa- (2) by striking ‘‘banknote paper’’ and in- dates) with respect to individuals who are ble of reading the electronic identification serting ‘‘durable plastic or similar mate- not citizens or nationals of the United States strip borne by the card and the biometric in- rial’’; and but are authorized to work in the United formation included on the card so as to (3) by adding at the end the following new States. Such data shall include all such data verify the identity of the card holder and the clauses: maintained by the Department of Homeland card holder’s authorization to work. ‘‘(ii) Each Social security card issued Security as of the date of the establishment (3) ACCESS TO DATABASE.—The Secretary under this subparagraph shall include an of such database and information obtained shall ensure that— encrypted electronic identification strip from the Commissioner of Social Security (A) by means of such procedures, the em- which shall be unique to the individual to pursuant to section 205(c)(2)(I) of the Social ployer will have such access to the Employ- whom the card is issued and such biometric Security Act. The Secretary shall maintain ment Eligibility Database maintained by the information as is determined by the Com- ongoing consultations with the Commis- Secretary so as to enable the employer to ob- missioner and the Secretary of Homeland Se- sioner to ensure efficient and effective oper- tain information, relating to the identifica- curity to be necessary for identifying the ation of the Database. tion, citizenship, residency, and work eligi- person to whom to the card is issued. The (b) INCORPORATION OF ONGOING PILOT PRO- bility of the individual seeking employment Commissioner shall develop such electronic GRAMS.—To the extent that the Secretary de- by the employer in any capacity, which is identification strip in consultation with the termines appropriate in furthering the pur- necessary to inform the employer as to Secretary of Homeland Security, so as to en- poses of subsection (a), the Secretary may whether the individual is authorized to work able employers to use such strip in accord- incorporate the information, processes, and for the employer in the United States in ance with section ll03(b) of the National procedures employed in connection with the such capacity, and Intelligence Reform Act of 2004 to obtain ac- Citizen Attestation Verification Pilot Pro- (B) the procedures described in paragraph cess to the Employment Eligibility Database gram and the Basic Pilot Program into the (2) impose a minimal financial burden on the established by such Secretary pursuant to operation and maintenance of the Database employer. section ll02 of such Act with respect to the under subsection (a). (c) EFFECTIVE DATE.—The requirements of individual to whom the card is issued. (c) CONFIDENTIALITY.—No officer or em- this section shall apply with respect to the ‘‘(iii) The Commissioner shall provide for ployee of the Department of Homeland Secu- employment of any individual in any capac- the issuance (or reissuance) to each indi- rity shall have access to any information ity commencing after 2 years after the date vidual who— contained in the Database for any purpose of the enactment of this Act. ‘‘(I) has been assigned a Social Security ac- other than the establishment of a system of SEC. ll04. ENFORCEMENT. count number under subparagraph (B), records necessary for the effective adminis- (a) CIVIL PENALTIES.—The Secretary may ‘‘(II) has attained the minimum age appli- tration of this title or for national security assess a penalty, payable to the Secretary, cable, in the jurisdiction in which such indi- related purposes (as determined by the Com- against any employer who— vidual engages in employment, for legally missioner of Social Security in consultation (1) continues to employ an individual in engaging in such employment, and with the Secretary of State and the Sec- the United States in any capacity who is ‘‘(III) files application for such card under retary of Homeland Security). The Secretary known by the employer not to be authorized this clause in such form and manner as shall shall restrict access to such information to to work in the United States in such capac- be prescribed by the Commissioner, officers and employees of the United States ity, or a social security card which meets the pre- whose duties or responsibilities require ac- (2) fails to comply with the procedures preceding requirements of this subparagraph. cess for the administration or enforcement scribed by the Secretary pursuant to section ‘‘(iv) The Commissioner shall maintain an of the provisions of this title or for national ll03 in connection with the employment of ongoing effort to develop measures in rela- security related purposes (as determined any individual. tion to the social security card and the under the preceding sentence). The Secretary Such penalty shall not exceed $50,000 for issuance thereof to preclude fraudulent use shall provide such other safeguards as the each occurrence of a violation described in thereof.’’. Secretary determines to be necessary or ap- paragraph (1) or (2) with respect to the indi- (b) SHARING OF INFORMATION WITH THE SEC- propriate to protect the confidentiality of vidual, plus, in the event of the removal or RETARY OF HOMELAND SECURITY.—Section information contained in the Database. deportation of such individual from the 205(c)(2) of such Act is amended by adding at (d) DEADLINE FOR MEETING REQUIRE- United States based on findings developed in the end the following new subparagraph: MENTS.—The Secretary shall complete the connection with the assessment or collection ‘‘(I) Upon the issuance of a Social Security establishment of the Database and provide of such penalty, the costs incurred by the account number under subparagraph (B) to for the efficient and effective operation of Federal Government in connection with such any individual or the issuance of a social se- the Database in accordance with this section removal or deportation. curity card under subparagraph (G) to any not later than 2 years after the date of the (b) ACTIONS BY THE SECRETARY.—If any per- individual, the Commissioner of Social Secu- enactment of this Act. son is assessed under subsection (a) and fails rity shall transmit to the Secretary of SEC. ll03. REQUIREMENTS RELATING TO INDI- to pay the assessment when due, or any per- Homeland Security such information re- VIDUALS COMMENCING WORK IN son otherwise fails to meet any requirement ceived by the Commissioner in the individ- THE UNITED STATES. of this title, the Secretary may bring a civil ual’s application for such number or such (a) REQUIREMENTS FOR EMPLOYEES.—No inaction in any district court of the United card as such Secretary determines necessary dividual may commence employment with States within the jurisdiction of which such and appropriate for administration of the an employer in the United States unless such person’s assets are located or in which such National Intelligence Reform Act of 2004.’’. individual has— person resides or is found for the recovery of (c) PROGRAM TO ENSURE VERACITY OF AP- (1) obtained a social security card issued the amount of the assessment or for appro- PLICATION INFORMATION.—The Commissioner by the Commissioner of Social Security priate equitable relief to redress the viola- of Social Security, in consultation with the meeting the requirements of section tion or enforce the provisions of this section, Secretary of Homeland Security, shall de- 205(c)(2)(G)(iii) of the Social Security Act, and process may be served in any other dis- velop a program to ensure the accuracy and and trict. The district courts of the United veracity of the information and evidence (2) displayed such card to the employer States shall have jurisdiction over actions supplied to the Commissioner under section pursuant to the employer’s request for pur- brought under this section by the Secretary 205(c)(2)(B)(ii) of the Social Security Act (42 poses of the verification required under sub- without regard to the amount in con- U.S.C. 405(c)(2)(B)(ii)) in connection with an section (b). troversy. application for a social security number. (b) REQUIREMENTS FOR EMPLOYERS.— (c) CRIMINAL PENALTY.—Any person who— (d) EFFECTIVE DATES.—The amendment (1) IN GENERAL.—No employer may employ (1) continues to employ an individual in made by subsection (a) shall apply with re- an individual in the United States in any ca- the United States in any capacity who such spect to social security cards issued after 2 pacity if, as soon as practical after such indi- person knows not to be authorized to work in years after the date of the enactment of this vidual has been hired, such individual has the United States in such capacity, or Act. The amendment made by subsection (b) not been verified by the employer to have a (2) hires for employment any individual in shall apply with respect to the issuance of social security card issued to such individual the United States and fails to comply with Social Security account numbers and social pursuant to section 205(c)(2)(G) of the Social the procedures prescribed by the Secretary security cards after 2 years after the date of Security Act and to be authorized to work in pursuant to section ll03(b) in connection the enactment of this Act. the United States in such capacity. Such with the hiring of such individual, S10156 CONGRESSIONAL RECORD — SENATE September 30, 2004 shall upon conviction be fined in accordance approve nonimmigrant visa applications ‘‘(C) by the Secretary of State if the Sec- with title 18, United States Code, or impris- that were incomplete, and without con- retary determines that such waiver is— oned for not more than 5 years, or both. ducting face-to-face interviews of many ap- ‘‘(i) in the national interest of the United SEC. ll05. AUTHORIZATIONS OF APPROPRIA- plicants. States; or TIONS. (6) Each of the 15 individuals from Saudi ‘‘(ii) necessary as a result of unusual cir- (a) DEPARTMENT OF HOMELAND SECURITY.— Arabia who participated in the aircraft hi- cumstances; and There are authorized to be appropriated to jackings on September 11, 2001, filed a visa ‘‘(2) notwithstanding paragraph (1), to sub- the Department of Homeland Security for application that contained inaccuracies and mit to an in person interview with a con- each fiscal year beginning on or after Octo- omissions that should have prevented such sular officer if such alien— ber 1, 2004, such sums as are necessary to individual from obtaining a visa. ‘‘(A) is not a national of the country in carry out the provisions of this title. (7) Only one of the hijackers listed an ac- which the alien is applying for a visa; (b) SOCIAL SECURITY ADMINISTRATION.— tual address on his visa application. The ‘‘(B) was previously refused a visa, unless There are authorized to be appropriated to other hijackers simply wrote answers such such refusal was overcome or a waiver of in- the Social Security Administration for each as ‘‘California’’, ‘‘New York’’, or ‘‘Hotel’’ eligibility has been obtained; fiscal year beginning on or after October 1, when asked to provide a destination inside ‘‘(C) is listed in the Consular Lookout and 2004, such sums as are necessary to carry out the United States on the visa application. Support System (or successor system at the the amendments made by section ll01. (8) Only 3 of the individuals from Saudi Department of State); SEC. ll06. INTEGRATION OF FINGERPRINTING Arabia who participated in the aircraft hi- ‘‘(D) may not obtain a visa until a security DATABASES. jackings on September 11, 2001, provided any advisory opinion or other Department of The Secretary of Homeland Security and information in the section of the visa appli- State clearance is issued unless such alien the Attorney General of the United States cation that requests the name and address of is— shall jointly undertake to integrate the bor- an employer or school in the United States. ‘‘(i) within that class of nonimmigrants der-patrol fingerprinting identification sys- (9) The 2002 General Accounting Office re- enumerated in section 101(a)(15)(A) or tem maintained by the Department of Home- port entitled ‘‘Border Security: Visa Process 101(a)(15)(G); and land Security with the fingerprint database Should Be Strengthened as Antiterrorism maintained by the Federal Bureau of Inves- ‘‘(ii) not a national of a country that is of- Tool’’ outlined the written guidelines and ficially designated by the Secretary of State tigation. The integration of databases pursu- practices of the Department of State related ant to this section shall be completed not as a state sponsor of terrorism; or to visa issuance and stated that the Depart- ‘‘(E) is identified as a member of a group or later than 2 years after the date of the enactment of State allowed for widespread discre- ment of this Act. sector that the Secretary of State deter- tion among consular officers in adhering to mines— SEC. ll07. USE OF CARD; RULE OF CONSTRUC- the burden of proof requirements under sec- TION. ‘‘(i) poses a substantial risk of submitting tion 214(b) of the Immigration and Nation- inaccurate information in order to obtain a Nothing in this title or the amendments ality Act. made by this title shall be construed to es- visa; (10) The General Accounting Office report ‘‘(ii) has historically had visa applications tablish a national identification card, and it further stated that the ‘‘Consular Best Prac- is the policy of the United States that the denied at a rate that is higher than the aver- tices Handbook’’ of the Department of State age rate of such denials; or social security card shall not be used as a na- gave consular managers and staff the discre- tional identification card and shall only be ‘‘(iii) poses a security threat to the United tion to ‘‘waive personal appearance and States.’’. used for verification of an individual’s em- interviews for certain nonimmigrant visa ap- (b) CONDUCT DURING INTERVIEWS.—Section ployment status after an offer of employ- plicants’’. 222 of the Immigration and Nationality Act ment has been made and for national secu- (11) Only 2 of the 15 individuals from Saudi (8 U.S.C. 1202), as amended by subsection (a), rity related purposes of the United States (as Arabia who participated in the aircraft hi- is further amended by adding at the end the determined by the Commissioner of Social jackings on September 11, 2001, were inter- following new subsection: Security in consultation with the Secretary viewed by Department of State consular offi- ‘‘(i) A consular officer who is conducting of State and the Secretary of Homeland Se- cers. curity). an in person interview with an alien apply- (12) If the Department of State had re- ing for a visa or other documentation shall— quired all consular officers to implement SA 3926. Mr. KYL submitted an ‘‘(1) make every effort to conduct such section 214(b) of the Immigration and Na- amendment intended to be proposed by interview fairly; tionality Act, conduct face-to-face inter- ‘‘(2) employ high professional standards him to the bill S. 2845, to reform the in- views, and require that visa applications be during such interview; telligence community and the intel- completely and accurately filled out, those ‘‘(3) use best interviewing techniques to ligence and intelligence-related activi- who participated in the aircraft hijackings elicit pertinent information to assess the ties of the United States Government, on September 11, 2001, may have been denied alien’s qualifications, including techniques and for other purposes; which was or- nonimmigrant visas and the tragedy of Sep- to identify any potential security concerns tember 11, 2001, could have been prevented. dered to lie on the table; as follows: posed by the alien; At the end, add the following new title: SEC. 402. IN PERSON INTERVIEWS OF VISA APPLI- CANTS. ‘‘(4) provide the alien with an adequate op- TITLE IV—VISA REQUIREMENTS (a) REQUIREMENT FOR INTERVIEWS.—Section portunity to present evidence establishing SEC. 401. FINDINGS. 222 of the Immigration and Nationality Act the accuracy of the information in the Congress makes the following findings: (8 U.S.C. 1202) is amended by adding at the alien’s application; and (1) Section 214 of the Immigration and Na- end the following new subsection: ‘‘(5) make a careful record of the interview tionality Act (8 U.S.C. 1184) governs the ad- ‘‘(h) Notwithstanding any other provision to document the basis for the final action on mission of nonimmigrants to the United of this Act, the Secretary of State shall re- the alien’s application, if appropriate.’’. States and sets forth the process for that ad- quire every alien applying for a non- SEC. 403. VISA APPLICATION REQUIREMENTS. mission. immigrant visa— Section 222(c) of the Immigration and Na- (2) Section 214(b) of the Immigration and ‘‘(1) who is at least 12 years of age and not tionality Act (8 U.S.C. 1202(c)) is amended by Nationality Act places the burden of proof more than 65 years of age to submit to an in inserting ‘‘The alien shall provide complete on a visa applicant to establish ‘‘to the satis- person interview with a consular officer un- and accurate information in response to any faction of the consular officer, at the time of less the requirement for such interview is request for information contained in the ap- the application for a visa...that he is enti- waived— plication.’’ after the second sentence. tled to a nonimmigrant status’’. ‘‘(A) by a consular official and such alien is SEC. 404. EFFECTIVE DATE. (3) The report of the National Commission within that class of nonimmigrants enumer- on Terrorist Attacks Upon the United States ated in section 101(a)(15)(A) or 101(a)(15)(G) Notwithstanding section 341 or any other included a recommendation that the United or is granted a diplomatic visa on a diplo- provision of this Act, this title shall take ef- States ‘‘combine terrorist travel intel- matic passport or on the equivalent thereof; fect 90 days after date of the enactment of ligence, operations, and law enforcement in ‘‘(B) by a consular official and such alien is this Act. a strategy to intercept terrorists...and con- applying for a visa— strain terrorist mobility’’. ‘‘(i) not more than 12 months after the date SA 3927. Mr. INHOFE submitted an (4) Fifteen of the 19 individuals who par- on which the alien’s prior visa expired; amendment intended to be proposed by ticipated in the aircraft hijackings on Sep- ‘‘(ii) for the classification under section him to the bill S. 2845, to reform the in- tember 11, 2001, were nationals of Saudi Ara- 101(a)(15) for which such prior visa was telligence community and the intel- bia who legally entered the United States issued; ligence and intelligence-related activi- after securing nonimmigrant visas despite ‘‘(iii) from the consular post located in the ties of the United States Government, the fact that they did not adequately meet country in which the alien is a national; and the burden of proof required by section 214(b) ‘‘(iv) the consular officer has no indication and for other purposes; which was or- of the Immigration and Nationality Act. that the alien has not complied with the im- dered to lie on the table; as follows: (5) Prior to September 11, 2001, the Depart- migration laws and regulations of the United Insert the following in the appropriate ment of State allowed consular officers to States; or place: September 30, 2004 CONGRESSIONAL RECORD — SENATE S10157 TITLE ll—CHEMICAL FACILITIES (vii) the installation of measures and con- graphs (1) and (3) shall permit the develop- SECURITY trols to protect against or reduce the con- ment and implementation of coordinated SEC. ll0. 1. SHORT TITLE. sequences of a terrorist attack; and vulnerability assessments and site security This title may be cited as the ‘‘Chemical (viii) the conduct of any similar security- plans in any case in which more than 1 Facilities Security Act of 2004’’. related activity, as determined by the Sec- chemical source is operating at a single loca- SEC. ll02. DEFINITIONS. retary. tion or at contiguous locations, including In this title: (10) SUBSTANCE OF CONCERN.—The term cases in which a chemical source is under the (1) ALTERNATIVE APPROACHES.—The term ‘‘substance of concern’’ means— control of more than 1 owner or operator. ‘‘alternative approaches’’ means ways of re- (A) a chemical substance present at a (b) CERTIFICATION AND SUBMISSION.— ducing the threat of a terrorist release, as chemical source in quantities equal to or ex- (1) IN GENERAL.—Each owner or operator of well as reducing the consequences of a ter- ceeding the threshold quantities for the a chemical source shall certify in writing to rorist release from a chemical source, in- chemical substance, as defined in or estab- the Secretary that the owner or operator has cluding approaches that— lished under paragraphs (3) and (5) of section completed a vulnerability assessment and (A) use smaller quantities of substances of 112(r) of the Clean Air Act (42 U.S.C. 7412(r)); has developed and implemented or is imple- concern; and menting a site security plan in accordance (B) replace a substance of concern with a (B) such other chemical substance as the with this title, including— less hazardous substance; or Secretary may designate under section (A) regulations promulgated under para- (C) use less hazardous processes. ll03(g). graphs (1) and (3) of subsection (a); and (2) CHEMICAL SOURCE.—The term ‘‘chemical (11) TERRORISM.—The term ‘‘terrorism’’ has (B) any applicable procedures, protocols, or source’’ means a non-Federal stationary the meaning given the term in section 2 of standards endorsed or recognized by the Sec- source (as defined in section 112(r)(2) of the the Homeland Security Act of 2002 (6 U.S.C. retary under subsection (c)(1). Clean Air Act (42 U.S.C. 7412(r)(2))) for 101). (2) SUBMISSION.—Not later than 18 months which— (12) TERRORIST RELEASE.—The term ‘‘ter- after the date of promulgation of regulations (A) the owner or operator is required to rorist release’’ means— under paragraphs (1) and (3) of subsection (a), complete a risk management plan in accord- (A) a release from a chemical source into an owner or operator of a chemical source ance with section 112(r)(7)(B)(ii) of the Clean the environment of a substance of concern shall provide to the Secretary copies of the Air Act (42 U.S.C. 7412(r)(7)(B)(ii)); and that is caused by an act of terrorism; and vulnerability assessment and site security (B) the Secretary is required to promulgate (B) the theft of a substance of concern by plan of the chemical source for review. implementing regulations under section a person for off-site release in furtherance of (3) OVERSIGHT.—The Secretary shall, at ll03(a) of this title. an act of terrorism. such times and places as the Secretary deter- (3) CONSIDERATION.—The term ‘‘consider- SEC. ll03. VULNERABILITY ASSESSMENTS AND mines to be appropriate, conduct or require ation’’ includes— SITE SECURITY PLANS. the conduct of vulnerability assessments and (A) an analysis of alternative approaches, (a) REQUIREMENT.— other activities (including third-party au- including the benefits and risks of such ap- (1) IN GENERAL.—Not later than 1 year after dits) to ensure and evaluate compliance proaches; the date of enactment of this Act, the Sec- with— (B) the potential of the alternative ap- retary shall promulgate regulations that re- (A) this title (including regulations pro- proaches to prevent or reduce the threat or quire the owner or operator of each chemical mulgated under paragraphs (1) and (3) of sub- consequences of a terrorist release; source included on the list described in subsection (a)); and (C) the cost and technical feasibility of al- section (f)(1)— (B) other applicable procedures, protocols, ternative approaches; and (A) to conduct an assessment of the vulner- or standards endorsed or recognized by the (D) the effect of alternative approaches on ability of the chemical source to a terrorist Secretary under subsection (c)(1). product quality, product cost, and employee release, including identifying hazards that (4) SUBMISSION OF CHANGES.—The owner or safety. may result from a terrorist release; and operator of a chemical source shall— (4) DEPARTMENT.—The term ‘‘Department’’ (B) to prepare and implement a site secu- (A) provide to the Secretary a description means the Department of Homeland Secu- rity plan that addresses the results of the of any significant change that is made to the rity. vulnerability assessment. vulnerability assessment or site security (5) ENVIRONMENT.—The term ‘‘environ- (2) CONTENTS OF SITE SECURITY PLAN.—A plan required for the chemical source under ment’’ has the meaning given the term in site security plan required under the regula- this section, not later than 90 days after the section 101 of the Comprehensive Environ- tions promulgated under paragraph (1) or date the change is made; and mental Response, Compensation, and Liabil- any other plan determined to be substan- (B) update the certification of the vulner- ity Act of 1980 (42 U.S.C. 9601). tially equivalent by the Secretary under sub- ability assessment or site security plan. (c) SPECIFIED STANDARDS.— (6) OWNER OR OPERATOR.—The term ‘‘owner section (c)— or operator’’ has the meaning given the term (A) shall include security measures to sig- (1) EXISTING PROCEDURES, PROTOCOLS, AND in section 112(a) of the Clean Air Act (42 nificantly reduce the vulnerability of the STANDARDS.—Upon submission of a petition U.S.C. 7412(a)). chemical source covered by the plan to a ter- by any person to the Secretary, and after re- (7) RELEASE.—The term ‘‘release’’ has the rorist release; ceipt by that person of a written response meaning given the term in section 101 of the (B) shall describe, at a minimum, par- from the Secretary, any procedures, proto- Comprehensive Environmental Response, ticular equipment, plans, and procedures cols, and standards established by the Sec- Compensation, and Liability Act of 1980 (42 that could be implemented or used by or at retary under regulations promulgated under U.S.C. 9601). the chemical source in the event of a ter- subsection (a)(3) may— (8) SECRETARY.—The term ‘‘Secretary’’ rorist release; and (A) endorse or recognize procedures, proto- means the Secretary of Homeland Security. (C) shall include consideration and, where cols, regulations, and standards— (9) SECURITY MEASURE.— practicable in the judgment of the owner or (i) that are established by— (A) IN GENERAL.—The term ‘‘security meas- operator of the chemical source, implemen- (I) industry; ure’’ means an action carried out to ensure tation of options to reduce the threat of a (II) State or local authorities; or or enhance the security of a chemical source. terrorist release through the use of alter- (III) other applicable law; and (B) INCLUSIONS.—The term ‘‘security meas- native approaches. (ii) the requirements of which the Sec- ure’’, with respect to a chemical source, in- (3) PROMULGATION.—Not later than 1 year retary determines to be— cludes measures such as— after the date of enactment of this Act, the (I) substantially equivalent to the require- (i) an employee training and background Secretary shall promulgate regulations es- ments under subsections (a)(1), (a)(2), and check; tablishing procedures, protocols, regulations, (a)(3); and (ii) the limitation and prevention of access and standards for vulnerability assessments (II) in effect on or after the date of enact- to controls of the chemical source; and site security plans. ment of this Act; and (iii) the protection of the perimeter of the (4) GUIDANCE TO SMALL ENTITIES.—Not later (B) require that a vulnerability assessment chemical source; than 1 year after the date of enactment of and site security plan address a particular (iv) the installation and operation of intru- this Act, the Secretary shall publish guid- threat or type of threat. sion detection sensors; ance to assist small entities in complying (2) NOTIFICATION OF SUBSTANTIAL EQUIVA- (v) the implementation of measures to in- with paragraph (2)(C). LENCY.—If the Secretary endorses or recog- crease computer or computer network secu- (5) THREAT INFORMATION.—To the max- nizes existing procedures, protocols, regula- rity; imum extent practicable under applicable tions, and standards described in paragraph (vi) the implementation of other security- authority and in the interests of national se- (1)(A), the Secretary shall provide to the per- related measures to protect against or re- curity, the Secretary shall provide to an son that submitted the petition a notice that duce the threat of— owner or operator of a chemical source re- the procedures, protocols, regulations, and (I) a terrorist attack on the chemical quired to prepare a vulnerability assessment standards are substantially equivalent to the source; or and site security plan threat information requirements of paragraph (1) and para- (II) the theft of a substance of concern for that is relevant to the chemical source. graphs (1) and (3) of subsection (a). offsite release in furtherance of an act of ter- (6) COORDINATED ASSESSMENTS AND PLANS.— (3) NO ACTION BY SECRETARY.—If the Sec- rorism; The regulations promulgated under para- retary does not endorse or recognize existing S10158 CONGRESSIONAL RECORD — SENATE September 30, 2004 procedures, protocols, and standards de- (A) designate certain chemical substances tained under section ll06, shall be limited scribed in paragraph (1)(A), the Secretary in particular threshold quantities as sub- to persons designated by the Secretary. shall provide to each person that submitted stances of concerns under this title; (4) DISCLOSURE IN CIVIL PROCEEDINGS.—In a petition under paragraph (1) a written noti- (B) exempt certain chemical substances any Federal or State civil or administrative fication that includes a clear explanation of from designation as substances of concern proceeding in which a person seeks to com- the reasons why the endorsement or recogni- under this title; and pel the disclosure or the submission as evi- tion was not made. (C) adjust the threshold quantity of a dence of sensitive information contained in a chemical substance. (d) PREPARATION OF ASSESSMENTS AND vulnerability assessment or security plan re- (2) CONSIDERATIONS.—In designating or ex- PLANS.—As of the date of endorsement or quired by subsection (a) or (b) and is not oth- recognition by the Secretary of a particular empting a chemical substance or adjusting erwise subject to disclosure under other pro- the threshold quantity of a chemical sub- procedure, protocol, or standard under sub- visions of law— stance under paragraph (1), the Secretary section (c)(1)(A), any vulnerability assess- (A) the information sought may be sub- shall consider the potential extent of death, ment or site security plan that is prepared mitted to the court under seal; and injury, or serious adverse effects to human by a chemical source before, on, or after the (B) the court, or any other person, shall health or the environment that would result date of endorsement or recognition of, and in not disclose the information to any person from a terrorist release of the chemical sub- accordance with, that procedure, protocol, or until the court, in consultation with the Sec- stance. standard, shall, for the purposes of sub- retary, determines that the disclosure of the (3) REGULATIONS.—The Secretary may section (b)(3) and section 04, be judged by information does not pose a threat to public ll make a designation, exemption, or adjust- the Secretary against that procedure, pro- security or endanger the life or safety of any ment under paragraph (1) in regulations pro- person. tocol, or standard rather than the relevant mulgated under paragraphs (1) and (3) of sub- regulations promulgated under subsection (5) PENALTIES FOR UNAUTHORIZED DISCLO- section (a). SURE.— (c) and paragraphs (1) and (3) of subsection EAR EVIEW (h) 5-Y R .—Not later than 5 years (A) IN GENERAL.—Except as provided in (a) (including such a vulnerability assess- after the date of certification of a vulner- ment or site security plan prepared before, subparagraph (B), any individual referred to ability assessment and a site security plan in paragraph (3)(B)(ii) who acquires any in- on, or after the date of enactment of this under subsection (b)(1), and not less often formation described in paragraph (3)(A) (in- Act). than every 5 years thereafter (or on such a cluding any reproduction of that information schedule as the Secretary may establish by (e) REGULATORY CRITERIA.—In exercising or any information derived from that infor- regulation), the owner or operator of the the authority under subsections (a) and (c) mation), and who knowingly or recklessly chemical source covered by the vulnerability with respect to a chemical source, the Sec- discloses the information, shall— retary shall consider— assessment or site security plan shall— (1) review the adequacy of the vulner- (i) be imprisoned not more than 1 year, (1) the likelihood that a chemical source fined in accordance with chapter 227 of title will be the target of terrorism; ability assessment and site security plan; and 18, United States Code (applicable to class A (2) the nature and quantity of the sub- misdemeanors), or both; and stances of concern present at a chemical (2)(A) certify to the Secretary that the chemical source has completed the review (ii) be removed from Federal office or em- source; ployment. (3) the potential extent of death, injury, or and implemented any modifications to the (B) EXCEPTIONS.— serious adverse effects to human health or site security plan; and (i) IN GENERAL.—Subparagraph (A) shall the environment that would result from a (B) submit to the Secretary a description of any changes to the vulnerability assess- not apply to a person described in that sub- terrorist release; paragraph that discloses information de- (4) the potential harm to critical infra- ment or site security plan. (i) PROTECTION OF INFORMATION.— scribed in paragraph (3)(A)— structure and national security from a ter- (I) to an individual designated by the Sec- rorist release; (1) DISCLOSURE EXEMPTION.—Except with respect to certifications specified in sub- retary under paragraph (3)(B)(ii); (5) cost and technical feasibility; (II) for the purpose of section ll06; or (6) scale of operations; and sections (b)(1)(A) and (h)(2)(A), vulnerability assessments and site security plans obtained (III) for use in any administrative or judi- (7) such other security-related factors as cial proceeding to impose a penalty for fail- the Secretary determines to be appropriate in accordance with this title, and materials developed or produced exclusively in prepa- ure to comply with a requirement of this and necessary to protect the public health title. and welfare, critical infrastructure, and na- ration of those documents (including infor- (ii) LAW ENFORCEMENT OFFICIALS AND FIRST tional security. mation shared with Federal, State, and local government entities under paragraphs (3) RESPONDERS.—Notwithstanding subpara- (f) LIST OF CHEMICAL SOURCES.— through (5)), shall be exempt from disclosure graph (A), an individual referred to in para- (1) IN GENERAL.—Not later than 180 days under— graph (3)(B)(ii) who is an officer or employee after the date of enactment of this Act, the (A) section 552 of title 5, United States of the United States may share with a State Secretary shall develop a list of chemical Code; or or local law enforcement or other official sources in existence as of that date. (B) any State or local law providing for (including a first responder) the contents of (2) CONSIDERATIONS.—In developing the list public access to information. a vulnerability assessment or site security under paragraph (1), the Secretary shall con- (2) NO EFFECT ON OTHER DISCLOSURE.—Noth- plan, or other information described in that sider the criteria specified in subsection (e). ing in this title affects the handling, treat- paragraph, to the extent disclosure is nec- (3) FUTURE DETERMINATIONS.—Not later ment, or disclosure of information obtained essary to carry out this title. than 3 years after the date of promulgation from chemical sources under any other law. SEC. ll04. ENFORCEMENT. of regulations under subsection (c) and para- (3) DEVELOPMENT OF PROTOCOLS.— (a) FAILURE TO COMPLY.—If an owner or op- graphs (1) and (3) of subsection (a), and every (A) IN GENERAL.—The Secretary, in con- erator of a chemical source fails to certify or 3 years thereafter, the Secretary shall, after sultation with the Director of the Office of submit a vulnerability assessment or site se- considering the criteria described in sub- Management and Budget and appropriate curity plan in accordance with this title, the section (e)— Federal law enforcement and intelligence of- Secretary may issue an order requiring the (A) determine whether additional facilities ficials, and in a manner consistent with ex- certification and submission of a vulner- (including, as of the date of the determina- isting protections for sensitive or classified ability assessment or site security plan in tion, facilities that are operational and fa- information, shall, by regulation, establish accordance with section ll03(b). cilities that will become operational in the confidentiality protocols for maintenance (b) DISAPPROVAL.—The Secretary may dis- future) shall be considered to be a chemical and use of information that is obtained from approve under subsection (a) a vulnerability source under this title; owners or operators of chemical sources and assessment or site security plan submitted (B) determine whether any chemical provided to the Secretary under this title. under section ll03(b) if the Secretary de- source identified on the most recent list (B) REQUIREMENTS FOR PROTOCOLS.—A pro- termines that— under paragraph (1) no longer presents a risk tocol established under subparagraph (A) (1) the vulnerability assessment or site se- sufficient to justify retention of classifica- shall ensure that— curity plan does not comply with regulations tion as a chemical source under this title; (i) each copy of a vulnerability assessment promulgated under paragraph (1) and (3) of and or site security plan submitted to the Sec- subsection (a) or the procedure, protocol, or (C) update the list as appropriate. retary, all information contained in or de- standard endorsed or recognized under sec- (4) REGULATIONS.—The Secretary may rived from that assessment or plan, and tion ll03(c); or make a determination under this subsection other information obtained under section (2) the site security plan, or the implemen- in regulations promulgated under paragraphs ll06, is maintained in a secure location; tation of the site security plan, is insuffi- (1) and (3) of subsection (a). and cient to address— (g) DESIGNATION, EXEMPTION, AND ADJUST- (ii) except as provided in paragraph (5)(B), (A) the results of a vulnerability assess- MENT OF THRESHOLD QUANTITIES OF SUB- or as necessary for judicial enforcement, ac- ment of a chemical source; or STANCES OF CONCERN.— cess to the copies of the vulnerability assess- (B) a threat of a terrorist release. (1) IN GENERAL.—The Secretary may, by ments and site security plans submitted to (c) COMPLIANCE.—If the Secretary dis- regulation— the Secretary, and other information ob- approves a vulnerability assessment or site September 30, 2004 CONGRESSIONAL RECORD — SENATE S10159

security plan of a chemical source under sub- (e) PROTECTION OF INFORMATION.—Any de- son receives the notice, a hearing on the pro- section (b), the Secretary shall— termination of disapproval or order made or posed order. (1) provide the owner or operator of the issued under this section shall be exempt (3) PROCEDURES.—The Secretary may pro- chemical source a written notification of the from disclosure— mulgate regulations outlining the proce- determination that includes a clear expla- (1) under section 552 of title 5, United dures for administrative hearings and appro- nation of deficiencies in the vulnerability as- States Code; priate review, including necessary deadlines. sessment, site security plan, or implementa- (2) under any State or local law providing (c) TREATMENT OF INFORMATION IN JUDICIAL tion of the assessment or plan; for public access to information; and PROCEEDINGS.—Information submitted or ob- (2) consult with the owner or operator of (3) except as provided in section tained by the Secretary, information derived the chemical source to identify appropriate ll03(i)(4), in any Federal or State civil or from that information, and information sub- steps to achieve compliance; and administrative proceeding. mitted by the Secretary under this title (ex- (3) if, following that consultation, the SEC. ll05. INTERAGENCY TECHNICAL SUPPORT cept under section ll011) shall be treated in owner or operator of the chemical source AND COOPERATION. any judicial or administrative action as if does not achieve compliance in accordance The Secretary— the information were classified material. by such date as the Secretary determines to (1) may request other Federal agencies to SEC. ll08. PROVISION OF TRAINING. be appropriate under the circumstances, provide technical and analytical support The Secretary may provide training to issue an order requiring the owner or oper- (other than field work) in implementing this State and local officials and owners and op- ator to correct specified deficiencies. title; and erators in furtherance of the purposes of this title. (d) EMERGENCY POWERS.— (2) may provide reimbursement for such SEC. ll09. JUDICIAL REVIEW. (1) DEFINITION OF EMERGENCY THREAT.—The technical and analytical support received as (a) REGULATIONS.—Not later than 60 days term ‘‘emergency threat’’ means a threat of the Secretary determines to be appropriate. after the date of promulgation of a regula- a terrorist act that could result in a terrorist SEC. ll06. RECORDKEEPING; SITE INSPEC- tion under this title, any person may file a release at a chemical source— TIONS; PRODUCTION OF INFORMA- TION. petition for judicial review relating to the (A) that is beyond the scope of the site se- (a) RECORDKEEPING.—The owner or oper- regulation with— curity plan as implemented at the chemical ator of a chemical source that is required to (1) the United States Court of Appeals for source; prepare a vulnerability assessment or site se- the District of Columbia; or (B) the likelihood of the immediate occur- curity plan under section ll03(a) shall (2) with the United States circuit court— rence of which is high; maintain a current copy of those documents. (A) having jurisdiction over the State in (C) the consequences of which would be se- (b) RIGHT OF ENTRY.—In carrying out this which the person resides; or vere; and title, the Secretary (or a designee), on pres- (B) for the circuit in which the principal (D) based on the factors described in sub- entation of credentials, shall have a right of place of business of the person is located. paragraphs (A) through (C), would not be ap- entry to, on, or through— (b) FINAL AGENCY ACTIONS OR ORDERS.— propriately and reasonably addressed, or ad- (1) any premises of an owner or operator of Not later than 60 days after the date on dressed in a timely manner, by the Secretary a chemical source described in subsection which a covered source receives notice of an under subsections (a) through (c). (a); and action or order of the Secretary under this (2) INITIATION OF ACTION.— (2) any premises on which any record re- title with respect to the chemical source, the (A) IN GENERAL.—If the Secretary (in con- quired to be maintained under subsection (a) chemical source may file a petition for judi- sultation with State and local law enforce- is located. cial review of the action or order with the ment officials) determines that an emer- (c) REQUESTS FOR RECORDS.—In carrying United States district court for the district gency threat exists, the Secretary may bring out this title, the Secretary (or a designee) in which— a civil action on behalf of the United States may require the submission of, or, on presen- (1) the chemical source is located; or in United States district court to imme- tation of credentials, may at reasonable (2) the owner or operator of the chemical diately require each covered source poten- times seek access to and copy— source has a principal place of business. tially subject to the emergency threat to (1) any records, reports, or other informa- (c) STANDARD OF REVIEW.— take such actions as are necessary to re- tion described in subsection (a); and (1) IN GENERAL.—On the filing of a petition spond to the emergency threat. (2) any other documentation necessary under subsection (a) or (b), the court of juris- (B) NOTICE AND PARTICIPATION.—The Sec- for— diction shall review the regulation or other retary shall provide to each covered source (A) review or analysis of a vulnerability as- final action or order that is the subject of that is the subject of a civil action under sessment or site security plan; or the petition in accordance with chapter 7 of subparagraph (A)— (B) implementation of a site security plan. title 5, United States Code. (i) notice of any injunctive relief to compel (d) COMPLIANCE.—If the Secretary deter- (2) BASIS.— compliance with this subsection that is mines that an owner or operator of a chem- (A) IN GENERAL.—Judicial review of a regu- being sought; and ical source is not maintaining, producing, or lation, or of a final agency action or order (ii) an opportunity to participate in any permitting access to records as required by described in paragraph (1) that is based on an proceedings relating to the civil action. this section, the Secretary may issue an administrative hearing held on the record, (3) EMERGENCY ORDERS.— order requiring compliance with the relevant shall be based on the record of the pro- (A) IN GENERAL.—If the Secretary deter- provisions of this section. ceedings, comments, and other information mines that it is not practicable to ensure SEC. ll0 7. PENALTIES. that the Secretary considered in promul- prompt action to protect public safety from (a) JUDICIAL RELIEF.—Any owner or oper- gating the regulation, taking the action, or an emergency threat by commencing a civil ator of a chemical source that violates or issuing the order being reviewed. action under paragraph (2), the Secretary fails to comply with any order issued by the (B) OTHER ACTIONS AND ORDERS.—Judicial may issue such orders as are necessary to en- Secretary under this title or a site security review of a final agency action or order de- sure public safety. plan submitted to the Secretary under this scribed in paragraph (1) that is not described (B) CONSULTATION.—Before issuing an order title (or, in the case of an exemption de- in subparagraph (A) shall be based on any under subparagraph (A), the Secretary scribed in section ll03(d), a procedure, pro- submissions to the Secretary relating to the shall— tocol, or standard endorsed or recognized by action or order, and any other information, (i) consult with State and local law en- the Secretary under section ll03(c)) may, that the Secretary considered in taking the forcement officials; and in a civil action brought in United States action or issuing the order. (ii) attempt to confirm the accuracy of the district court, be subject, for each day on SEC. ll10. NO EFFECT ON REQUIREMENTS information on which the action proposed to which the violation occurs or the failure to UNDER OTHER LAW. be taken is based. comply continues, to— (a) IN GENERAL.—Except as provided in sec- (C) EFFECTIVENESS OF ORDERS.— (1) an order for injunctive relief; or tion ll03(i), nothing in this title affects (i) IN GENERAL.—An order issued by the (2) a civil penalty of not more than $50,000. any duty or other requirement imposed Secretary under this paragraph shall be ef- (b) ADMINISTRATIVE PENALTIES.— under any other Federal or State law. fective for the 60-day period beginning on the (1) PENALTY ORDERS.—The Secretary may (b) OTHER FEDERAL LAW.— date of issuance of the order unless the Sec- issue an administrative penalty of not more (1) IN GENERAL.—Notwithstanding sub- retary files a civil action under paragraph (2) than $250,000 for failure to comply with an section (a), a chemical source that is re- before the expiration of that period. order issued by the Secretary under this quired to prepare a facility vulnerability as- (ii) EXTENSION OF EFFECTIVE PERIOD.—With title. sessment and implement a facility security respect to an order issued under this para- (2) NOTICE AND HEARING.—Before issuing an plan under any another Federal law may pe- graph, the Secretary may file a civil action order described in paragraph (1), the Sec- tition the Secretary to be subject to the before the end of the 60-day period described retary shall provide to the person against other Federal law in lieu of this title. in clause (i) to extend the effective period of which the penalty is to be assessed— (2) DETERMINATION OF SUBSTANTIAL EQUIVA- the order for— (A) written notice of the proposed order; LENCE.—If the Secretary determines that a (I) 14 days; or and Federal law covered by a petition submitted (II) such longer period as the court in (B) the opportunity to request, not later by a chemical source under paragraph (1) is which the civil action is filed may authorize. than 30 days after the date on which the per- substantially equivalent to this title— S10160 CONGRESSIONAL RECORD — SENATE September 30, 2004 (A) the Secretary may grant the petition; ‘‘(B) provided fraudulent information in ‘‘(A) Federal or State Government, includ- and order to obtain a visa.’’. ing any political subdivision or agency (B) the chemical source shall be subject to thereof; and the other Federal law in lieu of this title. SA 3929. Mr. CORNYN submitted an ‘‘(B) a federally-established or funded cit- SEC. ll11. AGRICULTURAL BUSINESS SECURITY amendment intended to be proposed by izen volunteer program, including those co- GRANT PROGRAM. him to the bill S. 2845, to reform the in- ordinated by the USA Freedom Corps estab- (a) DEFINITION OF ELIGIBLE ENTITY.—In this telligence community and the intel- lished by Executive order 13254 (February 1, section, the term ‘‘eligible entity’’ means a ligence and intelligence-related activi- 2002), and the program’s components and retail or production agricultural business ties of the United States Government, State and local affiliates. (including a business that is engaged in the and for other purposes; which was or- production or processing of seafood) that em- SA 3931. Mr. MCCONNELL (for him- dered to lie on the table; follows: ploys not more than such number of individ- self, Mr. SANTORUM, and Mr. CORNYN) uals at a chemical source included in the list At the appropriate place, insert the fol- submitted an amendment intended to lowing: described in section ll03(f)(1) as shall be be proposed by him to the bill S. 2845, determined by the Secretary, in consultation SEC. ll. RESTRICTION ON ISSUANCE OF MUL- with the Administrator of the Small Busi- TIPLE REPLACEMENT SOCIAL SECU- to reform the intelligence community ness Administration and the Secretary of RITY CARDS. and the intelligence and intelligence- Agriculture. (a) IN GENERAL.—Section 205(c)(2)(G) of the related activities of the United States (b) GRANTS.—The Secretary shall provide Social Security Act (42 U.S.C. 405(c)(2)(G)) is Government, and for other purposes; grants to an eligible entity that is a chem- amended by adding at the end the following: which was ordered to lie on the table; ‘‘The Commissioner shall restrict the ical source included in the list described in as follows: section ll03(f)(1) selected under this sec- issuance of multiple replacement social secu- tion to enable the eligible entity at the rity cards to any individual to not more than At the appropriate place, insert the fol- chemical source— 3 per year and not more than 10 for the life lowing: (1) to improve security measures; and of the individual, except in any case in which TITLE ll. VOLUNTEER FIREFIGHTER (2) to protect against or reduce the con- the Commissioner determines there is mini- ASSISTANCE mal opportunity for fraud.’’. sequence of a terrorist attack. SEC. ll01. SHORT TITLE. (b) RULEMAKING.—The Commissioner of So- (c) CRITERIA.—In establishing criteria for This title may be cited as the ‘‘Good Sa- cial Security shall issue regulations to carry the selection of, or in otherwise selecting, el- maritan Volunteer Firefighter Assistance igible entities to receive a grant under this out the amendment made by subsection (a) not later than 1 year after the date of enact- Act of 2004’’. section, the Secretary shall— SEC. ll02. REMOVAL OF CIVIL LIABILITY BAR- (1) consider on an individual, location-by- ment of this Act. (c) EFFECTIVE DATE.—Systems controls de- RIERS THAT DISCOURAGE THE DO- location basis, each applicant for a grant; veloped by the Commissioner of Social Secu- NATION OF FIRE EQUIPMENT TO and VOLUNTEER FIRE COMPANIES. rity pursuant to the amendment made by (2) require each eligible entity that re- subsection (a) shall take effect upon the ear- (a) LIABILITY PROTECTION.—A person who ceives a grant to use funds from the grant lier of— donates fire control or fire rescue equipment only for the purposes described in subsection (1) the date of issuance of regulations to a volunteer fire company shall not be lia- (b) in accordance with guidance of the Sec- under subsection (b); or ble for civil damages under any State or Fed- retary. (2) the end of the 1-year period beginning eral law for personal injuries, property dam- (d) AUTHORIZATION OF APPROPRIATIONS.— on the date of enactment of this Act. age or loss, or death proximately caused by There are authorized to be appropriated such the equipment after the donation. sums as are necessary to carry out this sec- SA 3930. Mr. MCCONNELL (for him- (b) EXCEPTIONS.—Subsection (a) shall not tion. self and Mr. CORNYN) submitted an apply to a person if— amendment intended to be proposed by (1) the person’s act or omission proxi- SA 3928. Mr. SESSIONS submitted an mately causing the injury, damage, loss, or amendment intended to be proposed by him to the bill S. 2845, to reform the in- death constitutes gross negligence or inten- him to the bill S. 2845, to reform the intelligence community and the intel- tional misconduct; or telligence community and the intelligence and intelligence-related activi- (2) the person is the manufacturer of the ligence and intelligence-related activities of the United States Government, fire control or fire rescue equipment. ties of the United States Government, and for other purposes; which was or- (c) PREEMPTION.—This title preempts the and for other purposes; which was ordered to lie on the table; as follows: laws of any State to the extent that such laws are inconsistent with this Act, except dered to lie on the table; as follows: At the appropriate place, insert the following: that this title shall not preempt any State At the end add the following new title: SEC. ll. FIRST RESPONDER CITIZEN VOLUN- law that provides additional protection from TITLE IV—OTHER MATTERS TEER PROTECTION ACT. liability for a person who donates fire con- SEC. 401. VISA REQUIREMENTS. (a) SHORT TITLE.—This section may be trol or fire rescue equipment to a volunteer Section 222 of the Immigration and Nation- cited as the ‘‘First Responder Citizen Volun- fire company. ality Act (22 U.S.C. 1202) is amended by add- teer Protection Act’’. (d) DEFINITIONS.—In this section: ing at the end the following new subsection: (b) IMPORTANCE OF VOLUNTEERS.—Section (1) PERSON.—The term ‘‘person’’ includes ‘‘(h) Every alien applying for a non- 2(a) of the Volunteer Protection Act of 1997 any governmental or other entity. immigrant visa shall, prior to obtaining such (42 U.S.C. 14501(a)) is amended— (2) FIRE CONTROL OR RESCUE EQUIPMENT.— visa, swear or affirm an oath stating that— (1) in paragraph (6), by striking ‘‘and’’ The term ‘‘fire control or fire rescue equip- ‘‘(1) while in the United States, the alien after the semicolon; ment’’ includes any fire vehicle, fire fighting shall, adhere to the laws and to the Constitu- (2) by redesignating paragraph (7) as para- tool, communications equipment, protective tion of the United States; graph (8); and gear, fire hose, or breathing apparatus. ‘‘(2) while in the United States, the alien (3) by inserting after paragraph (6) the fol- (3) STATE.—The term ‘‘State’’ includes the will not attempt to develop information for lowing: several States of the United States, the Dis- the purpose of threatening the national secu- ‘‘(7) since the attacks of September 11, trict of Columbia, the Commonwealth of rity of the United States or to bring harm to 2001, the Federal Government has encour- Puerto Rico, the Commonwealth of the any citizen of the United States; aged Americans to serve their country as cit- Northern Mariana Islands, American Samoa, ‘‘(3) the alien is not associated with a ter- izen volunteers for programs such as the Vol- Guam, the Virgin Islands, any other terri- rorist organization; unteers in Police Service (VIPS), Medical tory or possession of the United States, and ‘‘(4) the alien has not and will not receive Reserve Corps (MRC), Community Emer- any political subdivision of any such State, any funds or other support to visit the gency Response Team (CERT), Neighborhood territory, or possession. United States from a terrorist organization; Watch, and Fire Corps, which help increase (4) VOLUNTEER FIRE COMPANY.—The term ‘‘(5) all documents submitted to support our homeland security preparedness and re- ‘‘volunteer fire company’’ means an associa- the alien’s application are valid and contain sponse, and which provide assistance to our tion of individuals who provide fire protec- truthful information; fire, police, health, and medical personnel, tion and other emergency services, where at ‘‘(6) while in the United States, the alien and fellow citizens in the event of a natural least 30 percent of the individuals receive lit- will inform the appropriate authorities if the or manmade disaster, terrorist attack, or act tle or no compensation compared with an alien is approached or contacted by a mem- of war; and’’. entry level full-time paid individual in that ber of a terrorist organization; and (c) CITIZEN VOLUNTEER PROGRAM.—Section association or in the nearest such associa- ‘‘(7) the alien understands that the alien’s 6 of the Volunteer Protection Act of 1997 (42 tion with an entry level full-time paid indi- visa shall be revoked and the alien shall be U.S.C. 14505) is amended by adding at the end vidual. removed from the United States if the alien the following: (e) EFFECTIVE DATE.—This title applies is found— ‘‘(7) GOVERNMENTAL ENTITY.—The term only to liability for injury, damage, loss, or ‘‘(A) to have acted in a manner that is in- ‘government entity’ means for purposes of death caused by equipment that, for pur- consistent with this oath; or this Act— poses of subsection (a), is donated on or after September 30, 2004 CONGRESSIONAL RECORD — SENATE S10161

the date that is 30 days after the date of en- ‘‘(1) IN GENERAL.—Not later than October ‘‘(b) Not later than 180 days after the date actment of this Act. 26, 2005, the government of each country that of the enactment of this Act, the National SEC. 3. STATE-BY-STATE REVIEW OF DONATION is designated to participate in the visa waiv- Intelligence Director, in consultation with OF FIREFIGHTER EQUIPMENT. er program established under section 217 of heads of departments containing elements of (a) REVIEW.—The Attorney General of the the Immigration and Nationality Act (8 the intelligence community, shall submit to United States shall conduct a State-by-State U.S.C. 1187) shall certify, as a condition for Congress an Implementation Plan for Intel- review of the donation of firefighter equip- designation or continuation of that designa- ligence Community Reform. The Implemen- ment to volunteer firefighter companies dur- tion, that the country has a program to issue tation Plan shall include the following: ing the 5-year period ending on the date of to individuals seeking to enter that country ‘‘(1) A detailed plan for how the authorities enactment of this Act. pursuant to a visa issued by that country, a set forth in Title I Section 113 of this Act for (b) REPORT.— machine readable visa document that is tam- the National Intelligence Program Budget (1) IN GENERAL.—Not later than 6 months per-resistant and incorporates biometric and resources will be implemented, including after the date of enactment of this Act, the identification information that is verifiable but not limited to (a) the process for devel- Attorney General of the United States shall at its port of entry, and compatible with the opment of budgets, allocation of resources, publish and submit to Congress a report on biometric identifiers collected by the United transfer of personnel and reprogramming; (b) the results of the review conducted under States Visitor and Immigrant Status Indi- specific lines of authority and reporting that subsection (a). cator Technology Program (US-VISIT). will be used in these processes; and (c) iden- (2) CONTENTS.—The report published and ‘‘(2) SAVINGS CLAUSE.—This subsection tification of potential obstacles or legal submitted under paragraph (1) shall include, shall not be construed to rescind the require- issues with implementation; for each State— ment of section 217(a)(3) of the Immigration ‘‘(2) A detailed description of how the Na- (A) the most effective way to fund fire- and Nationality Act (8 U.S.C. 1187(a)(3)).’’. tional Intelligence Director and the National fighter companies; Intelligence Authority will interact with the (B) whether first responder funding is suffi- SA 3934. Mr. GREGG submitted an Secretary of Defense and Department of De- cient to respond to the Nation’s needs; and amendment intended to be proposed by fense on intelligence issues. In particular (C) the best method to ensure that the him to the bill S. 2845, to reform the in- this shall describe what elements of the DoD equipment donated to volunteer firefighter telligence community and the intel- will be subject to the authority that this Act companies is in usable condition. ligence and intelligence-related activi- provides the National Intelligence Director, how that authority will be exercised, and SA 3932. Ms. SNOWE submitted an ties of the United States Government, how disagreements about the exercise of that amendment intended to be proposed by and for other purposes; which was or- authority will be resolved. In addition, this her to the bill S. 2845, to reform the in- dered to lie on the table; as follows: shall describe how the National Intelligence telligence community and the intel- On page 7, line 25, strike the period and in- Director will assure that combat forces will ligence and intelligence-related activi- sert ‘‘; and’’. continue to receive optimal intelligence sup- On page 7, after line 25, add the following: ties of the United States Government, port under the new structure established by (C) does not refer to the Office of Intel- this Act. and for other purposes; which was or- ligence Policy and Review of the Department ‘‘(3) A detailed description of how the Na- dered to lie on the table; as follows: of Justice or to any program, project, or actional Intelligence Director and the National On page 153, between lines 2 and 3, insert tivity of the Federal Bureau of Investigation Intelligence Authority will interact with the the following: that is not under the direct control of the Attorney General, the Director of the FBI, SEC. 207. ALTERNATIVE ANALYSES OF INTEL- Executive Assistant Director for Intelligence and the FBI on intelligence issues. In par- LIGENCE BY THE INTELLIGENCE of the Federal Bureau of Investigation. ticular this shall describe what elements of COMMUNITY. On page 41, line 12, strike ‘‘CONCURRENCE the FBI will be subject to the authority that (a) SENSE OF CONGRESS.—It is the sense of OF’’ and insert ‘‘CONSULTATION WITH’’. this Act provides the National Intelligence Congress that the National Intelligence Di- On page 41, beginning on line 15, strike Director, how that authority will be exer- rector should consider the advisability of es- ‘‘obtain the concurrence of’’ and insert ‘‘con- cised, and how disagreements about the exer- tablishing for each element of the intel- sult with’’. cise of that authority will be resolved. In ad- ligence community an element, office, or On page 41, beginning on line 19, strike ‘‘If dition, this shall describe how the authority component whose purpose is the alternative the Director’’ and all that follows through that this Act provides the National Intel- analysis (commonly referred to as a ‘‘red- line 25. ligence Director will be exercised consistent On page 42, strike line 10 and all that fol- team analysis’’) of the information and con- with the responsibility of the Attorney Gen- clusions in the intelligence products of such lows through line 25. On page 85, beginning on line 10, strike eral to oversee activities of the FBI. element of the intelligence community. ‘‘(4) A detailed description of precisely how ‘‘obtain the concurrence of’’ and insert ‘‘con- (b) REPORT.—(1) Not later than one year the authorities and responsibilities of the after the date of the enactment of this Act, sult with’’. On page 85, beginning on line 14, strike ‘‘If new National Counterterrorism Center es- the National Intelligence Director shall sub- tablished by this Act are being implemented, mit to Congress a report on the actions the Director’’ and all that follows through line 20. including mechanisms for merging domestic taken to establish for each element of the in- and foreign information and authorities for telligence community an element, office, or On page 120, beginning on line 17, strike ‘‘, subject to the direction and control of the tasking or direction of intelligence collec- component described in subsection (a). tion and how those mechanisms protect the (2) The report shall be submitted in an un- President,’’. On page 121, line 13, strike ‘‘and analysts’’ civil liberties of U.S. Persons. classified form, but may include a classified ‘‘(5) A detailed description of steps the Na- annex. and insert ‘‘, analysts, and related personnel’’. tional Intelligence Director will take to address the quality and independence of anal- SA 3933. Ms. CANTWELL (for herself, On page 121, line 17, strike ‘‘and analysts’’ and insert ‘‘, analysts, and related per- ysis within the new structure established by Mr. SESSIONS, Mr. SCHUMER, and Mr. sonnel’’. this Act. KYL) submitted an amendment in- On page 121, line 19, strike ‘‘and analysts’’ ‘‘(6) A detailed description of the roles of tended to be proposed by her to the bill and insert ‘‘, analysts, and related per- the National Intelligence Authority staff of- S. 2845, to reform the intelligence com- sonnel’’. ficers created in Title I Sections 124–131 of munity and the intelligence and intel- On page 123, beginning on line 8, strike ‘‘, this Act and how those officers interact with ligence-related activities of the United in consultation with the Director of the Of- each other and other government departments and agencies. States Government, and for other pur- fice of Management and Budget, modify the’’ and insert ‘‘establish a’’. ‘‘The National Intelligence Director shall poses; which was ordered to lie on the On page 123, line 11, strike ‘‘in order to or- submit the Implementation Plan to the Con- table; as follows: ganize the budget according to’’ and insert gress.’’. At the appropriate place, insert the fol- ‘‘to reflect’’. ‘‘(b) Insert ‘‘(a)’’ before ‘‘Not later’’ in line lowing: On page 123, strike line 4 through line 8. 7 of page 209. SEC. ll. BIOMETRIC STANDARD FOR VISA AP- PLICATIONS. SA 3935. Mr. WARNER submitted an SA 3936. Mr. HATCH submitted an (a) SHORT TITLE.—This section may be amendment intended to be proposed by amendment intended to be proposed by cited as the ‘‘Biometric Visa Standard Dis- him to the bill S. 2845, to reform the in- him to the bill S. 2845, to reform the in- tant Borders Act’’. telligence community and the intel- telligence community and the intel- (b) TECHNOLOGY STANDARD FOR VISA WAIV- ligence and intelligence-related activi- ligence and intelligence-related activi- ER PARTICIPANTS.—Section 303(c) of the En- ties of the United States Government, ties of the United States Government, hanced Border Security and Visa Entry Re- form Act of 2002 (8 U.S.C. 1732(c)) is amended and for other purposes; which was or- and for other purposes; which was or- to read as follows: dered to lie on the table; as follows: dered to lie on the table; as follows: ‘‘(c) TECHNOLOGY STANDARD FOR VISA WAIV- ‘‘(a) On page 209, after line 14, insert the On page 125, between lines 13 and 14, insert ER PARTICIPANTS.— following: the following: S10162 CONGRESSIONAL RECORD — SENATE September 30, 2004

(c) ESTABLISHMENT OF SENIOR INTELLIGENCE pus provision, and sections 1361 and 1651 of (2) in paragraph (2)— SERVICE.— title 28, United States Code, a petition for re- (A) by striking ‘‘Attorney General’’ each (1) IN GENERAL.—The Director of the Fed- view by the circuit courts of appeals filed in place such term appears and inserting ‘‘Sec- eral Bureau of Investigation, in consultation accordance with this section is the sole and retary of Homeland Security’’; with the Director of the Office of Personnel exclusive means of judicial review of claims (B) by amending subparagraph (D) to read Management, may— arising under the United Nations Convention as follows: (A) establish a Senior Intelligence Service Against Torture and Other Forms of Cruel, ‘‘(D) ALTERNATIVE COUNTRIES.—If the alien within the Federal Bureau of Investigation Inhuman, or Degrading Treatment or Pun- is not removed to a country designated in order to meet the intelligence obligations ishment. under subparagraph (A)(i), the Secretary of of the Federal Bureau of Investigation; and ‘‘(5) EXCLUSIVE MEANS OF REVIEW.—The ju- Homeland Security shall remove the alien to (B) appoint individuals to positions in the dicial review specified in this subsection a country of which the alien is a subject, na- Senior Intelligence Service. shall be the sole and exclusive means for re- tional, or citizen, where the alien was born, (2) REGULATIONS.—The Director of the Fed- view by any court of an order of removal en- or where the alien has a residence, unless— eral Bureau of Investigation shall prescribe tered or issued under any provision of this ‘‘(i) such country physically prevents the regulations for purposes of paragraph (1), Act. For purposes of this title, in every pro- alien from entering the country upon the which regulations shall be consistent with vision that limits or eliminates judicial re- alien’s removal there; or personnel authorities and practices estab- view or jurisdiction to review, the terms ‘ju- ‘‘(ii) in the opinion of the Secretary of lished pursuant to section 3151 of title 5, dicial review’ and ‘jurisdiction to review’ in- Homeland Security, removing the alien to United States Code. clude habeas corpus review pursuant to sec- the country would be prejudicial to the (d) ESTABLISHMENT OF INTELLIGENCE SEN- tion 2241 of title 28, United States Code, or United States.’’; and IOR LEVEL POSITIONS.—The Director of the any other habeas corpus provision, sections (C) by amending subparagraph (E)(vii) to Federal Bureau of Investigation, in consulta- 1361 and 1651 of title 28, United States Code, read as follows: tion with the Director of the Office of Per- and review pursuant to any other provision ‘‘(vii) Any country whose government will sonnel Management, may— of law.’’; accept the alien into that country.’’. (1) establish Intelligence Senior Level posi- (2) in subsection (b)— (b) APPLICABILITY.—The amendments made tions within the Federal Bureau of Investiga- (A) in paragraph (3)(B), by inserting ‘‘pur- by subsection (a) shall apply only to a case tion in order to meet the intelligence obliga- suant to subsection (f)’’ after ‘‘unless’’; and involving an alien who has been convicted of tions of the Federal Bureau of Investigation, (B) in paragraph (9), by adding at the end an offense that is related to terrorism and which positions may be classified to rates of the following: ‘‘Except as otherwise provided that is described in section 2332b(g)(5)(B) of pay payable for grades above grade GS–15 of in this subsection, no court shall have juris- title 18, United States Code. the General Schedule; and diction, by habeas corpus under section 2241 (c) EFFECTIVE DATE.—Notwithstanding sec- (2) appoint individuals to such Intelligence of title 28, United States Code, or any other tion 341 or any other provision of this Act, Senior Level positions. habeas corpus provision, by section 1361 or the amendments made by subsection (a) On page 125, line 14, strike ‘‘(c)’’ and insert 1651 of title 28, United States Code, or by any shall take effect on the date of the enact- ‘‘(e)’’. other provision of law (statutory or non- ment of this Act and shall apply to any de- On page 126, line 5, strike ‘‘(d)’’ and insert statutory), to hear any cause or claim sub- portation, exclusion, or removal on or after ‘‘(f)’’. ject to these consolidation provisions.’’; such date pursuant to any deportation, ex- (3) in subsection (f)(2), by inserting ‘‘or clusion, or removal order, regardless of SA 3937. Mr. HATCH submitted an stay, by temporary or permanent order, in- whether such order is administratively final amendment intended to be proposed by cluding stays pending judicial review,’’ after before, on, or after such date. him to the bill S. 2845, to reform the in- ‘‘no court shall enjoin’’; and SEC. 403. EFFECTIVE DATE. telligence community and the intel- (4) in subsection (g), by inserting ‘‘(statu- This title and the amendments made by tory and nonstatutory), including section ligence and intelligence-related activi- this title shall take effect on the date of the 2241 of title 28, United States Code, or any enactment of this Act. ties of the United States Government, other habeas corpus provision, and sections and for other purposes; which was or- 1361 and 1651 of title 28, United States Code’’ SA 3938. Mr. HATCH (for himself and dered to lie on the table; as follows: after ‘‘notwithstanding any other provision Mr. KYL) submitted an amendment in- At the end, insert the following new title: of law’’. (b) APPLICABILITY.—The amendments made tended to be proposed by him to the TITLE IV—IMMIGRATION by subsection (a) shall apply only to an alien bill S. 2845, to reform the intelligence SEC. 401. JUDICIAL REVIEW OF ORDERS OF RE- who has been convicted of an offense that is community and the intelligence and MOVAL. related to terrorism and that is described in intelligence-related activities of the (a) IN GENERAL.—Section 242 of the Immi- section 2332b(g)(5)(B) of title 18, United gration and Nationality Act (8 U.S.C. 1252) is United States Government, and for States Code. other purposes; which was ordered to amended— (c) EFFECTIVE DATE.—Notwithstanding sec- (1) in subsection (a)— tion 341 or any other provision of this Act, lie on the table; as follows: (A) in paragraph (2)— this section and the amendments made by At the appropriate place, insert the fol- (i) in subparagraphs (A), (B), and (C), by in- this section shall take effect on the date of lowing: serting ‘‘(statutory and nonstatutory), in- the enactment of this Act and shall apply to SEC. ll. FEDERAL COLLATERAL REVIEW OF cluding section 2241 of title 28, United States cases in which the final administrative re- CONVICTIONS FOR KILLING PUBLIC Code, or any other habeas corpus provision, moval order was issued before, on, or after SAFETY OFFICER. and sections 1361 and 1651 of title 28, United the date of enactment of this Act. (a) SHORT TITLE.—This section may be States Code’’ after ‘‘Notwithstanding any SEC. 402. ADDITIONAL REMOVAL AUTHORITIES. cited as the ‘‘Public Safety Officers’ Defense other provision of law’’; and (a) IN GENERAL.—Section 241(b) of the Im- Act’’. (ii) by adding at the end the following: migration and Nationality Act (8 U.S.C. (b) SUBSTANTIVE LIMITS.—Section 2254 of ‘‘(D) JUDICIAL REVIEW OF CERTAIN LEGAL 1231(b)) is amended— title 28, United States Code, is amended by CLAIMS.—Nothing in this paragraph shall be (1) in paragraph (1)— adding at the end the following: construed as precluding consideration by the (A) in each of subparagraphs (A) and (B), ‘‘(j) CRIMES AGAINST PUBLIC SAFETY OFFI- circuit courts of appeals of constitutional by striking the period at the end and insert- CER.— claims or pure questions of law raised upon ing ‘‘unless, in the opinion of the Secretary ‘‘(1) DEFINITION OF PUBLIC SAFETY OFFI- petitions for review filed in accordance with of Homeland Security, removing the alien to CER.—In this subsection, the term ‘public this section. Notwithstanding any other pro- such country would be prejudicial to the safety officer’ has the meaning given such vision of law (statutory and nonstatutory), United States.’’; and term in section 1204 of the Omnibus Crime including section 2241 of title 28, United (B) by amending subparagraph (C) to read Control and Safe Streets Act of 1968 (42 States Code, or, except as provided in sub- as follows: U.S.C. 3796b). section (e), any other habeas corpus provi- ‘‘(C) ALTERNATIVE COUNTRIES.—If the alien ‘‘(2) IN GENERAL.—A court, justice, or judge sion, and sections 1361 and 1651 of title 28, is not removed to a country designated in shall not have jurisdiction to consider any United States Code, such petitions for review subparagraph (A) or (B), the Secretary of claim relating to the judgment or sentence shall be the sole and exclusive means of rais- Homeland Security shall remove the alien in an application described under paragraph ing any and all claims with respect to orders to— (3), unless the applicant shows that the of removal entered or issued under any pro- ‘‘(i) the country of which the alien is a cit- claim qualifies for consideration on the vision of this Act.’’; and izen, subject, or national, where the alien grounds described in subsection (e)(2). Any (B) by adding at the end the following: was born, or where the alien has a residence, such application that is presented to a court, ‘‘(4) CLAIMS UNDER THE UNITED NATIONS unless the country physically prevents the justice, or judge other than a district court CONVENTION.—Notwithstanding any other alien from entering the country upon the shall be transferred to the appropriate dis- provision of law (statutory and nonstatu- alien’s removal there; or trict court for consideration or dismissal in tory), including section 2241 of title 28, ‘‘(ii) any country whose government will conformity with this subsection, except that United States Code, or any other habeas cor- accept the alien into that country.’’; and a court of appeals panel must authorize any September 30, 2004 CONGRESSIONAL RECORD — SENATE S10163 second or successive application in con- ‘‘(ii) If rehearing en banc is granted, the and for other purposes; which was or- formity with section 2244 prior to any con- court of appeals shall make a final deter- dered to lie on the table; as follows: sideration by the district court. mination of the appeal not later than 120 At the appropriate place, insert the fol- ‘‘(3) APPLICATION OF SUBSECTION.—This sub- days after the date on which the order grant- lowing: section shall apply to an application for a ing rehearing en banc is entered. writ of habeas corpus on behalf of a person in ‘‘(D) If the court of appeals fails to comply SEC. ll. PENALTIES FOR STOWAWAYS. custody pursuant to the judgment of a State with the requirements of this paragraph, the Section 2199 of title 18, United States Code, court for a crime that involved the killing of State may petition the Supreme Court or a is amended by striking ‘‘Shall be fined under a public safety officer while the public safety justice thereof for a writ of mandamus to en- this title or imprisoned not more than one officer was engaged in the performance of of- force the requirements. year or both.’’ and inserting the following: ‘‘Shall be fined under this title or impris- ficial duties, or on account of the public safe- ‘‘(6) APPLICATION OF TIME LIMITS.— oned not more than 5 years or both; ty officer’s performance of official duties.’’. ‘‘(A) IN GENERAL.—The time limitations (c) TIME LIMITS.—Section 2254(j) of title 28, under paragraphs (4) and (5) shall apply to an ‘‘If serious bodily injury occurs (as defined United States Code, as added by subsection initial application described under paragraph in section 1365 of this title, including any (b), is amended by adding at the end the fol- (3), any second or successive application de- conduct that, if the conduct occurred in the lowing: scribed under paragraph (3), and any redeter- special maritime and territorial jurisdiction ‘‘(4) TIME LIMITS IN DISTRICT COURT.—For mination of an application described under of the United States, would violate section any application described under paragraph paragraph (3) or related appeal following a 2241 or 2242 of this title) to any person other (3), in the district court the following shall remand by the court of appeals or the Su- than a participant as a result of a violation apply: preme Court for further proceedings. of this section, be fined under this title or ‘‘(A) Any motion by either party for an imprisoned not more than 20 years, or both; ‘‘(B) REMAND IN DISTRICT COURT.—In pro- evidentiary hearing shall be filed and served ceedings following remand in the district and ‘‘If death to any person other than a par- not later than 90 days after the State files its court, time limits running from the time the ticipant occurs as a result of a violation of answer or, if no timely answer is filed, the State files its answer under paragraph (4) this section, be fined under this title or im- date on which such answer is due. shall run from the date the remand is or- prisoned for any number of years up to life, ‘‘(B) Any motion for an evidentiary hear- dered if further briefing is not required in ing shall be granted or denied not later than or both.’’. the district court. If there is further briefing 30 days after the date on which the party op- following remand in the district court, such posing such motion files a pleading in oppo- time limits shall run from the date on which SA 3941. Mr. GRAHAM of Florida sition to such motion or, if no timely plead- a responsive brief is filed or, if no timely re- submitted an amendment intended to ing in opposition is filed, the date on which sponsive brief is filed, the date on which such be proposed by him to the bill S. 2845, such pleading in opposition is due. brief is due. to reform the intelligence community ‘‘(C) Any evidentiary hearing shall be— ‘‘(C) REMAND IN COURT OF APPEALS.—In pro- ‘‘(i) convened not less than 60 days after and the intelligence and intelligence- ceedings following remand in the court of ap- the order granting such hearing; and related activities of the United States peals, the time limit specified in paragraph ‘‘(ii) completed not more than 150 days Government, and for other purposes; after the order granting such hearing. (5)(B) shall run from the date the remand is which was ordered to lie on the table; ordered if further briefing is not required in ‘‘(D) A district court shall enter a final as follows: order, granting or denying the application the court of appeals. If there is further briefing in the court of appeals, the time limit 28 U.S.C. § 1605(A). A foreign state shall not for a writ of habeas corpus, not later than 15 be immune from the jurisdiction of courts of months after the date on which the State specified in paragraph (5)(B) shall run from the date on which a responsive brief is filed the United States or of the States in any files its answer or, if no timely answer is case— filed, the date on which such answer is due, or, if no timely responsive brief is filed, from the date on which such brief is due. 2. * * * or not later than 60 days after the case is (7) not otherwise covered by paragraph (2), submitted for decision, whichever is earlier. ‘‘(7) FAILURE TO COMPLY.—The failure of a in which money damages are sought against ‘‘(E) If the district court fails to comply court to meet or comply with a time limita- a foreign state for personal injury or death, with the requirements of this paragraph, the tion under this subsection shall not be a or damage to or loss of property, that was State may petition the court of appeals for a ground for granting relief from a judgment caused by an act of torture, extrajudicial writ of mandamus to enforce the require- of conviction or sentence, nor shall the time killing, aircraft sabotage, hostage taking, or ments. The court of appeals shall grant or limitations under this subsection be con- the provision of material support or re- deny the petition for a writ of mandamus not strued to entitle a capital applicant to a stay sources (as defined in section 2339A of title later than 30 days after such petition is filed of execution, to which the applicant would 18) for such an act if such act or provision of with the court. otherwise not be entitled, for the purpose of material support is engaged in by an official, ‘‘(5) TIME LIMITS IN COURT OF APPEALS.—For litigating any application or appeal.’’. employee, or agent of such foreign state any application described under paragraph (d) APPLICATION TO PENDING CASES.— while acting within the scope of his or her (3), in the court of appeals the following (1) IN GENERAL.—The amendments made by office, employment, or agency, except that shall apply: this section shall apply to cases pending on the court shall decline to hear a claim under ‘‘(A) A timely filed notice of appeal from or after the date of enactment of this Act. this paragraph— an order issuing a writ of habeas corpus shall (2) TIME LIMITS.—In a case pending on the (A) if the foreign state was not designated operate as a stay of that order pending final date of enactment of this Act, if the amend- as a state sponsor of terrorism under section disposition of the appeal. ments made by this section provide that a 6(j) of the Export Administration Act of 1979 ‘‘(B) The court of appeals shall decide the time limit runs from an event or time that (50 U.S.C. App. 2405(j)) or section 620A of the appeal from an order granting or denying a has occurred prior to such date of enact- Foreign Assistance Act of 1961 (22 U.S.C. writ of habeas corpus— ment, the time limit shall run instead from 2371) at the time the act occurred, unless ‘‘(i) not later than 120 days after the date such date of enactment. later so designated as a result of such act or on which the brief of the appellee is filed or, Mr. HARKIN submitted an the act is related to Case Number if no timely brief is filed, the date on which SA 3939. 1:00CV03110(EGS) in the United States Dis- such brief is due; or amendment intended to be proposed by trict Court for the District of Columbia or to ‘‘(ii) if a cross-appeal is filed, not later him to the bill S. 2845, to reform the in- the September 11, 2001 terrorist attacks than 120 days after the date on which the ap- telligence community and the intel- against the World Trade Center, the Pen- pellant files a brief in response to the issues ligence and intelligence-related activi- tagon and other targets in the United States; presented by the cross-appeal or, if no timely ties of the United States Government, *** brief is filed, the date on which such brief is and for other purposes; which was or- 18 U.S.C. § 2332f(e). As used in this section, due. dered to lie on the table; as follows: the term— ‘‘(C)(i) Following a decision by a panel of (2) ‘‘national of the United States’’ (i) has the court of appeals under subparagraph (B), At the appropriate place in the bill, add: It is the Sense of the Senate that the the meaning given that term in section a petition for panel rehearing is not allowed, United States should support and uphold the 101(a)(22) of the Immigration and Nationality but rehearing by the court of appeals en banc Convention Against Torture and Other Act (8 U.S.C. 1101(a)(22)) and (ii) means an or- may be requested. The court of appeals shall Cruel, Inhuman, or Degrading Treatment or ganization which is incorporated or char- decide whether to grant a petition for re- Punishment. tered or has its principal place of business in hearing en banc not later than 30 days after the United States; the date on which the petition is filed, unless SA 3940. Mr. HATCH submitted an a response is required, in which case the amendment intended to be proposed by Mr. LIEBERMAN (for Mr. court shall decide whether to grant the peti- SA 3942. tion not later than 30 days after the date on him to the bill S. 2845, to reform the in- MCCAIN (for himself, and Mr. which the response is filed or, if no timely telligence community and the intel- LIEBERMAN, and Mr. BAYH,) proposed an response is filed, the date on which the re- ligence and intelligence-related activi- amendment to the bill S. 2845, to response is due. ties of the United States Government, form the intelligence community and S10164 CONGRESSIONAL RECORD — SENATE September 30, 2004 the intelligence and intelligence-re- ernment in Pakistan create opportunities for geoning narcotics trade, endemic poverty, lated activities of the United States Islamist recruitment. and other serious problems in Afghanistan in Government, and for other purposes; as (3) The poor quality of education in Paki- order to prevent that country from relapsing follows: stan is particularly worrying, as millions of into a sanctuary for international terrorism. families send their children to madrassahs, (b) SENSE OF CONGRESS.— At the appropriate place, insert the fol- some of which have been used as incubators (1) ACTIONS FOR AFGHANISTAN.—It is the lowing: for violent extremism. sense of Congress that the Government of TITLE ll—THE ROLE OF DIPLOMACY, (4) The vast unpoliced regions in Pakistan the United States should take, with respect FOREIGN AID, AND THE MILITARY IN make the country attractive to extremists to Afghanistan, the following actions: THE WAR ON TERRORISM seeking refuge and recruits and also provide (A) Working with other nations to obtain a base for operations against coalition forces SEC. ll01. FINDINGS. long-term security, political, and financial in Afghanistan. Consistent with the report of the National commitments and fulfillment of pledges to (5) A stable Pakistan, with a moderate, re- Commission on Terrorist Attacks Upon the the Government of Afghanistan to accom- sponsible government that serves as a voice United States, Congress makes the following plish the objectives of the Afghanistan Free- findings: of tolerance in the Muslim world, is critical dom Support Act of 2002 (22 U.S.C. 7501 et (1) Long-term success in the war on ter- to stability in the region. seq.), especially to ensure a secure, demo- rorism demands the use of all elements of (6) There is a widespread belief among the cratic, and prosperous Afghanistan that re- national power, including diplomacy, mili- people of Pakistan that the United States spects the rights of its citizens and is free of tary action, intelligence, covert action, law has long treated them as allies of conven- international terrorist organizations. enforcement, economic policy, foreign aid, ience. (B) Using the voice and vote of the United public diplomacy, and homeland defense. (b) SENSE OF CONGRESS.—It is the sense of States in relevant international organiza- (2) To win the war on terrorism, the United Congress that— tions, including the North Atlantic Treaty States must assign to economic and diplo- (1) the United States should make a long- Organization and the United Nations Secu- matic capabilities the same strategic pri- term commitment to fostering a stable and rity Council, to strengthen international ority that is assigned to military capabili- secure future in Pakistan, as long as its lead- commitments to assist the Government of ties. ers remain committed to combatting ex- (3) The legislative and executive branches tremists and extremism, ending the pro- Afghanistan in enhancing security, building of the Government of the United States must liferation of weapons of mass destruction, se- national police and military forces, increas- commit to robust, long-term investments in curing its borders, and gaining internal con- ing counter-narcotics efforts, and expanding all of the tools necessary for the foreign pol- trol of all its territory while pursuing poli- infrastructure and public services through- icy of the United States to successfully ac- cies that strengthen civil society, promote out the country. complish the goals of the United States. moderation and advance socio-economic (C) Taking appropriate steps to increase (4) The investments referred to in para- progress; the assistance provided under programs of graph (3) will require increased funding to (2) Pakistan should make sincere efforts to the Department of State and the United United States foreign affairs programs in transition to democracy, enhanced rule of States Agency for International Develop- general, and to priority areas as described in law, and robust civil institutions, and United ment throughout Afghanistan and to in- this title in particular. States policy toward Pakistan should pro- crease the number of personnel of those agencies in Afghanistan as necessary to sup- SEC. ll02. TERRORIST SANCTUARIES. mote such a transition; port the increased assistance. (a) FINDINGS.—Consistent with the report (3) the United States assistance to Paki- of the National Commission on Terrorist At- stan should be maintained at the overall lev- (2) REVISION OF AFGHANISTAN FREEDOM SUP- tacks Upon the United States, Congress els requested by the President for fiscal year PORT ACT OF 2002.—It is the sense of Congress makes the following findings: 2005; that Congress should, in consultation with (1) Complex terrorist operations require lo- (4) the United States should support the the President, update and revise, as appro- cations that provide such operations sanc- Government of Pakistan with a comprehen- priate, the Afghanistan Freedom Support tuary from interference by government or sive effort that extends from military aid to Act of 2002. law enforcement personnel. support for better education; (c) AUTHORIZATION OF APPROPRIATIONS.— (2) A terrorist sanctuary existed in Afghan- (5) the United States Government should (1) IN GENERAL.—There are authorized to be istan before September 11, 2001. devote particular attention and resources to appropriated to the President for each of the (3) The terrorist sanctuary in Afghanistan assisting in the improvement of the quality fiscal years 2005 through 2009 such sums as provided direct and indirect value to mem- of education in Pakistan; and may be necessary to provide assistance for bers of al Qaeda who participated in the ter- (6) the Government of Pakistan should de- Afghanistan, unless otherwise authorized by rorist attacks on the United States on Sep- vote additional resources of such Govern- Congress, for the following purposes: tember 11, 2001, and in other terrorist oper- ment to expanding and improving modern (A) For development assistance under sec- ations. public education in Pakistan. tions 103, 105, and 106 of the Foreign Assist- (4) Terrorist organizations have fled to SEC. ll04. AID TO AFGHANISTAN. ance Act of 1961 (22 U.S.C. 2151a, 2151c, and some of the least governed and most lawless (a) FINDINGS.—Consistent with the report 2151d). places in the world to find sanctuary. of the National Commission on Terrorist At- (B) For children’s health programs under (5) During the 21st century, terrorists are tacks Upon the United States, Congress the Child Survival and Health Program Fund focusing on remote regions and failing states makes the following findings: under section 104 of the Foreign Assistance as locations to seek sanctuary. (1) The United States and its allies in the Act of 1961 (22 U.S.C. 2151b). (b) SENSE OF CONGRESS.—It is the sense of international community have made (C) For economic assistance under the Eco- Congress that— progress in promoting economic and polit- nomic Support Fund under chapter 4 of part (1) the United States Government should ical reform within Afghanistan, including II of the Foreign Assistance Act of 1961 (22 identify and prioritize locations that are or the establishment of a central government U.S.C. 2346 et seq.). that could be used as terrorist sanctuaries; with a democratic constitution, a new cur- (D) For international narcotics and law en- (2) the United States Government should rency, and a new army, the increase of per- forcement under section 481 of the Foreign have a realistic strategy that includes the sonal freedom, and the elevation of the Assistance Act of 1961 (22 U.S.C. 2291). use of all elements of national power to keep standard of living of many Afghans. (E) For nonproliferation, anti-terrorism, possible terrorists from using a location as a (2) A number of significant obstacles must demining, and related programs. sanctuary; and be overcome if Afghanistan is to become a (F) For international military education (3) the United States Government should secure and prosperous democracy, and such a and training under section 541 of the Foreign reach out, listen to, and work with countries transition depends in particular upon— Assistance Act of 1961 (22 U.S.C. 2347). in bilateral and multilateral fora to prevent (A) improving security throughout the (G) For Foreign Military Financing Pro- locations from becoming sanctuaries and to country; gram grants under section 23 of the Arms Ex- prevent terrorists from using locations as (B) disarming and demobilizing militias; port Control Act (22 U.S.C. 2763). sanctuaries. (C) curtailing the rule of the warlords; (H) For peacekeeping operations under sec- SEC. ll03. ROLE OF PAKISTAN IN COUNTERING (D) promoting equitable economic develop- tion 551 of the Foreign Assistance Act of 1961 TERRORISM. ment; (22 U.S.C. 2348). (a) FINDINGS.—Consistent with the report (E) protecting the human rights of the peo- (2) CONDITIONS FOR ASSISTANCE.—Assistance of the National Commission on Terrorist At- ple of Afghanistan; provided by the President under this sub- tacks Upon the United States, Congress (F) holding elections for public office; and section— makes the following findings: (G) ending the cultivation and trafficking (A) shall be consistent with the Afghani- (1) The Government of Pakistan has a crit- of narcotics. stan Freedom Support Act of 2002; and ical role to perform in the struggle against (3) The United States and the international (B) shall be provided with reference to the Islamist terrorism. community must make a long-term commit- ‘‘Securing Afghanistan’s Future’’ document (2) The endemic poverty, widespread cor- ment to addressing the deteriorating secu- published by the Government of Afghani- ruption, and frequent ineffectiveness of gov- rity situation in Afghanistan and the bur- stan. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10165 SEC. ll05. THE UNITED STATES-SAUDI ARABIA future that includes stressing life over death, media in the Islamic world as part of this en- RELATIONSHIP. individual educational and economic oppor- gagement. (a) FINDINGS.—Consistent with the report tunity, widespread political participation, (c) AUTHORIZATIONS OF APPROPRIATIONS.— of the National Commission on Terrorist At- contempt for indiscriminate violence, re- There are authorized to be appropriated to tacks Upon the United States, Congress spect for the rule of law, openness in dis- the President for each of the fiscal years 2005 makes the following findings: cussing differences, and tolerance for oppos- through 2009 such sums as may be necessary (1) Despite a long history of friendly rela- ing points of view; to carry out United States Government tions with the United States, Saudi Arabia (3) the United States should encourage re- broadcasting activities under the United has been a problematic ally in combating form, freedom, democracy, and opportunity States Information and Educational Ex- Islamist extremism. for Arabs and Muslims and promote modera- change Act of 1948 (22 U.S.C. 1431 et seq.), the (2) Cooperation between the Governments tion in the Islamic world; and United States International Broadcasting of the United States and Saudi Arabia has (4) the United States should work to defeat Act of 1994 (22 U.S.C. 6201 et seq.), and the traditionally been carried out in private. extremist ideology in the Islamic world by Foreign Affairs Reform and Restructuring (3) Counterterrorism cooperation between providing assistance to moderate Arabs and Act of 1998 (22 U.S.C. 6501 et seq.), and to the Governments of the United States and Muslims to combat extremist ideas. carry out other activities under this section Saudi Arabia has improved significantly SEC. ll07. UNITED STATES POLICY TOWARD consistent with the purposes of such Acts, since the terrorist bombing attacks in Ri- DICTATORSHIPS. unless otherwise authorized by Congress. yadh, Saudi Arabia, on May 12, 2003, espe- (a) FINDING.—Consistent with the report of SEC. ll09. EXPANSION OF UNITED STATES cially cooperation to combat terror groups the National Commission on Terrorist At- SCHOLARSHIP AND EXCHANGE PRO- operating inside Saudi Arabia. GRAMS IN THE ISLAMIC WORLD. tacks Upon the United States, Congress finds (4) The Government of Saudi Arabia is now (a) FINDINGS.—Consistent with the report that short-term gains enjoyed by the United pursuing al Qaeda within Saudi Arabia and of the National Commission on Terrorist At- States through cooperation with repressive has begun to take some modest steps toward tacks Upon the United States, Congress dictatorships have often been outweighed by internal reform. makes the following findings: long-term setbacks for the stature and inter- (5) Nonetheless, the Government of Saudi (1) Exchange, scholarship, and library pro- ests of the United States. Arabia has been at times unresponsive to grams are effective ways for the United (b) SENSE OF CONGRESS.—It is the sense of United States requests for assistance in the States Government to promote internation- Congress that— global war on Islamist terrorism. ally the values and ideals of the United (1) United States foreign policy should pro- (6) The Government of Saudi Arabia has States. mote the value of life and the importance of not done all it can to prevent nationals of (2) Exchange, scholarship, and library pro- individual educational and economic oppor- Saudi Arabia from funding and supporting grams can expose young people from other tunity, encourage widespread political par- extremist organizations in Saudi Arabia and countries to United States values and offer ticipation, condemn indiscriminate violence, other countries. them knowledge and hope. and promote respect for the rule of law, (b) SENSE OF CONGRESS.—It is the sense of (b) SENSE OF CONGRESS.—It is the sense of Congress that— openness in discussing differences among Congress that the United States should ex- (1) the problems in the relationship be- people, and tolerance for opposing points of pand its exchange, scholarship, and library tween the United States and Saudi Arabia view; and programs, especially those that benefit peo- must be confronted openly, and the opportu- (2) the United States Government must ple in the Arab and Muslim worlds. nities for cooperation between the countries prevail upon the governments of all predomi- (c) AUTHORITY TO EXPAND EDUCATIONAL must be pursued openly by those govern- nantly Muslim countries, including those AND CULTURAL EXCHANGES.—The President is ments; that are friends and allies of the United authorized to substantially expand the ex- (2) both governments must build a rela- States, to condemn indiscriminate violence, change, scholarship, and library programs of tionship that they can publicly defend and promote the value of life, respect and pro- the United States, especially such programs that is based on other national interests in mote the principles of individual education that benefit people in the Arab and Muslim addition to their national interests in oil; and economic opportunity, encourage wide- worlds. (3) this relationship should include a spread political participation, and promote (d) AVAILABILITY OF FUNDS.—Of the shared commitment to political and eco- the rule of law, openness in discussing dif- amounts authorized to be appropriated for nomic reform in Saudi Arabia; ferences among people, and tolerance for op- educational and cultural exchange programs (4) this relationship should also include a posing points of view. in each of the fiscal years 2005 through 2009, shared interest in greater tolerance and re- SEC. ll08. PROMOTION OF UNITED STATES VAL- there is authorized to be made available to spect for other cultures in Saudi Arabia and UES THROUGH BROADCAST MEDIA. the Secretary of State such sums as may be a commitment to fight the violent extrem- (a) FINDINGS.—Consistent with the report necessary to carry out programs under this ists who foment hatred in the Middle East; of the National Commission on Terrorist At- section, unless otherwise authorized by Con- and tacks Upon the United States, Congress gress. (5) the Government of Saudi Arabia must makes the following findings: SEC. ll10. INTERNATIONAL YOUTH OPPOR- do all it can to prevent nationals of Saudi (1) Although the United States has dem- TUNITY FUND. Arabia from funding and supporting extrem- onstrated and promoted its values in defend- (a) FINDINGS.—Consistent with the report ist organizations in Saudi Arabia and other ing Muslims against tyrants and criminals in of the National Commission on Terrorist At- countries. Somalia, Bosnia, Kosovo, Afghanistan, and tacks Upon the United States, Congress SEC. ll06. EFFORTS TO COMBAT ISLAMIST TER- Iraq, this message is not always clearly pre- makes the following findings: RORISM. sented and understood in the Islamic world. (1) Education that teaches tolerance, the (a) FINDINGS.—Consistent with the report (2) If the United States does not act to vig- dignity and value of each individual, and re- of the National Commission on Terrorist At- orously define its message in the Islamic spect for different beliefs is a key element in tacks Upon the United States, Congress world, the image of the United States will be any global strategy to eliminate Islamist makes the following findings: defined by Islamic extremists who seek to terrorism. (1) While support for the United States has demonize the United States. (2) Education in the Middle East about the plummeted in the Islamic world, many nega- (3) Recognizing that many Arab and Mus- world outside that region is weak. tive views are uninformed, at best, and, at lim audiences rely on satellite television and (3) The United Nations has rightly equated worst, are informed by coarse stereotypes radio, the United States Government has literacy with freedom. and caricatures. launched promising initiatives in television (4) The international community is moving (2) Local newspapers in Islamic countries and radio broadcasting to the Arab world, toward setting a concrete goal of reducing by and influential broadcasters who reach Is- Iran, and Afghanistan. half the illiteracy rate in the Middle East by lamic audiences through satellite television (b) SENSE OF CONGRESS.—It is the sense of 2010, through the implementation of edu- often reinforce the idea that the people and Congress that— cation programs targeting women and girls Government of the United States are anti- (1) the United States must do more to de- and programs for adult literacy, and by Muslim. fend and promote its values and ideals to the other means. (b) SENSE OF CONGRESS.—It is the sense of broadest possible audience in the Islamic (5) To be effective, efforts to improve edu- Congress that— world; cation in the Middle East must also in- (1) the Government of the United States (2) United States efforts to defend and pro- clude— should offer an example of moral leadership mote these values and ideals are beginning (A) support for the provision of basic edu- in the world that includes a commitment to to ensure that accurate expressions of these cation tools, such as textbooks that trans- treat all people humanely, abide by the rule values reach large audiences in the Islamic late more of the world’s knowledge into local of law, and be generous to the people and world and should be robustly supported; languages and local libraries to house such governments of other countries; (3) the United States Government could materials; and (2) the United States should cooperate with and should do more to engage the Muslim (B) more vocational education in trades governments of Islamic countries to foster world in the struggle of ideas; and and business skills. agreement on respect for human dignity and (4) the United States Government should (6) The Middle East can benefit from some opportunity, and to offer a vision of a better more intensively employ existing broadcast of the same programs to bridge the digital S10166 CONGRESSIONAL RECORD — SENATE September 30, 2004

divide that already have been developed for rule of law and economic reform to develop- (b) POLICY.—The policy of the United other regions of the world. ment in the Middle East, a significant por- States is as follows: (b) INTERNATIONAL YOUTH OPPORTUNITY tion of the funds authorized to be appro- (1) It is the policy of the United States to FUND.— priated under subsection (a) should be made treat all foreign persons captured, detained, (1) ESTABLISHMENT.—The President shall available to promote the rule of law in the interned or otherwise held in the custody of establish an International Youth Oppor- Middle East. the United States (hereinafter ‘‘prisoners’’) tunity Fund to provide financial assistance SEC. ll13. COMPREHENSIVE COALITION STRAT- humanely and in accordance with standards for the improvement of public education in EGY FOR FIGHTING TERRORISM. that the United States would consider legal the Middle East. (a) FINDINGS.—Consistent with the report if perpetrated by the enemy against an (2) INTERNATIONAL PARTICIPATION.—The of the National Commission on Terrorist At- American prisoner. President shall seek the cooperation of the tacks Upon the United States, Congress (2) It is the policy of the United States international community in establishing and makes the following findings: that all officials of the United States are generously supporting the Fund. (1) Almost every aspect of the bound both in wartime and in peacetime by (c) AUTHORIZATION OF APPROPRIATIONS.— counterterrorism strategy of the United the legal prohibition against torture, cruel, There are authorized to be appropriated to States relies on international cooperation. inhuman or degrading treatment. the President for the establishment of the (2) Since September 11, 2001, the number (3) If there is any doubt as to whether pris- International Youth Opportunity Fund, in and scope of United States Government con- oners are entitled to the protections afforded addition to any amounts otherwise available tacts with foreign governments concerning by the Geneva Conventions, such prisoners for such purpose, such sums as may be nec- counterterrorism have expanded signifi- shall enjoy the protections of the Geneva essary for each of the fiscal years 2005 cantly, but such contacts have often been ad Conventions until such time as their status through 2009, unless otherwise authorized by hoc and not integrated as a comprehensive can be determined pursuant to the proce- Congress. and unified approach. dures authorized by Army Regulation 190–8, (b) INTERNATIONAL CONTACT GROUP ON Section 1–6. SEC. ll11. THE USE OF ECONOMIC POLICIES TO COUNTERTERRORISM.— COMBAT TERRORISM. (4) It is the policy of the United States to (1) SENSE OF CONGRESS.—It is the sense of expeditiously prosecute cases of terrorism or (a) FINDINGS.—Consistent with the report Congress that the President— other criminal acts alleged to have been of the National Commission on Terrorist At- (A) should seek to engage the leaders of committed by prisoners in the custody of the tacks Upon the United States, Congress the governments of other countries in a United States Armed Forces at Guantanamo makes the following findings: process of advancing beyond separate and Bay, Cuba, in order to avoid the indefinite (1) While terrorism is not caused by pov- uncoordinated national counterterrorism detention of prisoners, which is contrary to erty, breeding grounds for terrorism are cre- strategies to develop with those other gov- the legal principles and security interests of ated by backward economic policies and re- ernments a comprehensive coalition strategy the United States. pressive political regimes. to fight Islamist terrorism; and (2) Policies that support economic develop- (c) REPORTING.—The Department of De- (B) to that end, should seek to establish an fense shall submit to the appropriate con- ment and reform also have political implica- international counterterrorism policy con- tions, as economic and political liberties are gressional committees: tact group with the leaders of governments (1) A quarterly report providing the num- often linked. providing leadership in global (3) The United States is working toward ber of prisoners who were denied Prisoner of counterterrorism efforts and governments of War (POW) status under the Geneva Conven- creating a Middle East Free Trade Area by countries with sizable Muslim populations, 2013 and implementing a free trade agree- tions and the basis for denying POW status to be used as a ready and flexible inter- to each such prisoner. ment with Bahrain, and free trade agree- national means for discussing and coordi- ments exist between the United States and (2) A report setting forth— nating the development of important (A) the proposed schedule for military Israel and the United States and Jordan. counterterrorism policies by the partici- (4) Existing and proposed free trade agree- commissions to be held at Guantanamo Bay, pating governments. Cuba; and ments between the United States and Is- (2) AUTHORITY.—The President is author- lamic countries are drawing interest from (B) the number of individuals currently ized to establish an international held at Guantanamo Bay, Cuba, the number other countries in the Middle East region, counterterrorism policy contact group with and Islamic countries can become full par- of such individuals who are unlikely to face the leaders of governments referred to in a military commission in the next six ticipants in the rules-based global trading paragraph (1) for purposes as follows: system, as the United States considers low- months, and each reason for not bringing (A) To develop in common with such other such individuals before a military commis- ering its barriers to trade with the poorest countries important policies and a strategy Arab countries. sion. that address the various components of (3) All International Committee of the Red (b) SENSE OF CONGRESS.—It is the sense of international prosecution of the war on ter- Congress that— Cross reports, completed prior to the enact- rorism, including policies and a strategy ment of this Act, concerning the treatment (1) a comprehensive United States strategy that address military issues, law enforce- to counter terrorism should include eco- of prisoners in United States custody at ment, the collection, analysis, and dissemi- Guantanamo Bay, Cuba, Iraq, and Afghani- nomic policies that encourage development, nation of intelligence, issues relating to open societies, and opportunities for people stan. Such ICRC reports should be provided, interdiction of travel by terrorists, in classified form, not later than 15 days to improve the lives of their families and to counterterrorism-related customs issues, fi- enhance prospects for their children’s future; after enactment of this Act. nancial issues, and issues relating to ter- (4) A report setting forth all prisoner inter- (2) one element of such a strategy should rorist sanctuaries. encompass the lowering of trade barriers rogation techniques approved by officials of (B) To address, to the extent (if any) that the United States. with the poorest countries that have a sig- the President and leaders of other partici- nificant population of Arab or Muslim indi- (d) ANNUAL TRAINING REQUIREMENT.—The pating governments determine appropriate, Department of Defense shall certify that all viduals; such long-term issues as economic and polit- Federal employees and civilian contractors (3) another element of such a strategy ical reforms that can contribute to strength- engaged in the handling or interrogating of should encompass United States efforts to ening stability and security in the Middle prisoners have fulfilled an annual training promote economic reform in countries that East. requirement on the laws of war, the Geneva have a significant population of Arab or SEC. ll14. TREATMENT OF FOREIGN PRIS- Conventions and the obligations of the Muslim individuals, including efforts to inte- ONERS. United States under international humani- grate such countries into the global trading (a) FINDINGS.—Consistent with the report tarian law. system; and of the National Commission on Terrorist At- (e) PROHIBITION ON TORTURE OR CRUEL, IN- (4) given the importance of the rule of law tacks Upon the United States, Congress HUMANE, OR DEGRADING TREATMENT OR PUN- in promoting economic development and at- makes the following findings: ISHMENT.— tracting investment, the United States (1) Carrying out the global war on ter- (1) IN GENERAL.—No prisoner shall be sub- should devote an increased proportion of its rorism requires the development of policies ject to torture or cruel, inhumane, or de- assistance to countries in the Middle East to with respect to the detention and treatment grading treatment or punishment that is the promotion of the rule of law. of captured international terrorists that are prohibited by the Constitution, laws, or trea- SEC. ll12. MIDDLE EAST PARTNERSHIP INITIA- adhered to by all coalition forces. ties of the United States. TIVE. (2) Article 3 of the Convention Relative to (2) RELATIONSHIP TO GENEVA CONVEN- (a) AUTHORIZATION OF APPROPRIATIONS.— the Treatment of Prisoners of War, done at TIONS.—Nothing in this section shall affect There is authorized to be appropriated for Geneva August 12, 1949 (6 UST 3316) was spe- the status of any person under the Geneva each of the fiscal years 2005 through 2009 cifically designed for cases in which the Conventions or whether any person is enti- such sums as may be necessary for the Mid- usual rules of war do not apply, and the min- tled to the protections of the Geneva Con- dle East Partnership Initiative, unless other- imum standards of treatment pursuant to ventions. wise authorized by Congress. such Article are generally accepted through- (f) RULES, REGULATIONS, AND GUIDELINES.— (b) SENSE OF CONGRESS.—It is the sense of out the world as customary international (1) REQUIREMENT.—Not later than 180 days Congress that, given the importance of the law. after the date of the enactment of this Act, September 30, 2004 CONGRESSIONAL RECORD — SENATE S10167 the Secretary and the Director shall pre- tacks Upon the United States, Congress any foreign government in preventing nu- scribe the rules, regulations, or guidelines makes the following findings: clear weapons, plutonium, highly enriched necessary to ensure compliance with the pro- (1) Al Qaeda and other terror groups have uranium, or other materials capable of sus- hibition in subsection (e)(1) by all personnel tried to acquire or make weapons of mass de- taining an explosive nuclear chain reaction, of the United States Government and by any struction since 1994 or earlier. or nuclear weapons technology from becom- person providing services to the United (2) The United States doubtless would be a ing available to terrorist organizations. States Government on a contract basis. prime target for use of any such weapon by (d) STRATEGY AND PLAN.— (2) REPORT TO CONGRESS.—The Secretary al Qaeda. (1) STRATEGY.—Not later than 180 days and the Director shall submit to Congress (3) Although the United States Govern- after the date of the enactment of this Act, the rules, regulations, or guidelines pre- ment has supported the Cooperative Threat the President shall submit to Congress— scribed under paragraph (1), and any modi- Reduction, Global Threat Reduction Initia- (A) a comprehensive strategy for expand- fications to such rules, regulations, or guide- tive, and other nonproliferation assistance ing and strengthening the Cooperative lines— programs, nonproliferation experts continue Threat Reduction, Global Threat Reduction (A) not later than 30 days after the effec- to express deep concern about the adequacy Initiative, and other nonproliferation assist- tive date of such rules, regulations, guide- of such efforts to secure weapons of mass de- ance programs; and lines, or modifications; and struction and related materials that still (B) an estimate of the funding necessary to (B) in a manner and form that will protect exist in Russia other countries of the former execute such strategy. the national security interests of the United Soviet Union, and around the world. (2) PLAN.—The strategy required by para- States. (4) The cost of increased investment in the graph (1) shall include a plan for securing the (g) REPORTS ON POSSIBLE VIOLATIONS.— prevention of proliferation of weapons of nuclear weapons and related materials that (1) REQUIREMENT.—The Secretary and the mass destruction and related materials is are the most likely to be acquired or sought Director shall each submit, on a timely basis greatly outweighed by the potentially cata- by, and susceptible to becoming available to, and not less than twice each year, a report to strophic cost to the United States of the use terrorist organizations, including— Congress on the circumstances surrounding of such weapons by terrorists. (A) a prioritized list of the most dangerous any investigation of a possible violation of (5) The Cooperative Threat Reduction, and vulnerable sites; the prohibition in subsection (e)(1) by United Global Threat Reduction Initiative, and (B) measurable milestones for improving States Government personnel or by a person other nonproliferation assistance programs United States nonproliferation assistance providing services to the United States Gov- are the United States primary method of programs; ernment on a contract basis. preventing the proliferation of weapons of (C) a schedule for achieving such mile- mass destruction and related materials from (2) FORM OF REPORT.—A report required stones; and under paragraph (1) shall be submitted in a Russia and the states of the former Soviet (D) initial estimates of the resources nec- manner and form that— Union, but require further expansion, im- essary to achieve such milestones under such (A) will protect the national security in- provement, and resources. schedule. terests of the United States; and (6) Better coordination is needed within the executive branch of government for the SEC. ll16. FINANCING OF TERRORISM. (B) will not prejudice any prosecution of an (a) FINDINGS.—Consistent with the report individual involved in, or responsible for, a budget development, oversight, and implementation of the Cooperative Threat Reduc- of the National Commission on Terrorist At- violation of the prohibition in subsection tacks Upon the United States, Congress (e)(1). tion, Global Threat Reduction Initiative, and other nonproliferation assistance programs, makes the following findings: (h) REPORT ON A COALITION APPROACH TO- and critical elements of such programs are (1) While efforts to designate and freeze the WARD THE DETENTION AND HUMANE TREAT- operated by the Departments of Defense, En- assets of terrorist financiers have been rel- MENT OF CAPTURED TERRORISTS.—Not later atively unsuccessful, efforts to target the than 180 days after the date of the enactment ergy, and State. (7) The effective implementation of the Co- relatively small number of al Qaeda finan- of this Act, the President shall submit to cial facilitators have been valuable and suc- Congress a report describing the efforts of operative Threat Reduction, Global Threat Reduction Initiative, and other nonprolifera- cessful. the United States Government to develop an (2) The death or capture of several impor- approach toward the detention and humane tion assistance programs in the countries of the former Soviet Union is hampered by Rus- tant financial facilitators has decreased the treatment of captured international terror- amount of money available to al Qaeda, and ists that will be adhered to by all countries sian behavior and conditions on the provision of assistance under such programs that has made it more difficult for al Qaeda to that are members of the coalition against raise and move money. terrorism. are unrelated to bilateral cooperation on weapons dismantlement. (3) The capture of al Qaeda financial (i) DEFINITIONS.—In this section: (b) SENSE OF CONGRESS.—It is the sense of facilitators has provided a windfall of intel- (1) CRUEL, INHUMANE, OR DEGRADING TREAT- Congress that— ligence that can be used to continue the MENT OR PUNISHMENT.—The term ‘‘cruel, in- (1) maximum effort to prevent the pro- cycle of disruption. humane, or degrading treatment or punish- liferation of weapons of mass destruction (4) The United States Government has ment’’ means the cruel, unusual, and inhu- and related materials, wherever such pro- rightly recognized that information about mane treatment or punishment prohibited liferation may occur, is warranted; terrorist money helps in understanding ter- by the fifth amendment, eighth amendment, (2) the Cooperative Threat Reduction, ror networks, searching them out, and dis- or fourteenth amendment to the Constitu- Global Threat Reduction Initiative, and rupting their operations. tion. other nonproliferation assistance programs (b) SENSE OF CONGRESS.—It is the sense of (2) DIRECTOR.—The term ‘‘Director’’ means should be expanded, improved, accelerated, Congress that— the National Intelligence Director. and better funded to address the global di- (1) a critical weapon in the effort to stop (3) GENEVA CONVENTIONS.—The term ‘‘Gene- mensions of the proliferation threat; and terrorist financing should be the targeting of va Conventions’’ means— (3) the Proliferation Security Initiative is terrorist financial facilitators by intel- (A) the Convention for the Amelioration of an important counterproliferation program ligence and law enforcement agencies; and the Condition of the Wounded and Sick in that should be expanded to include addi- (2) efforts to track terrorist financing must Armed Forces in the Field, done at Geneva tional partners. be paramount in United States counter-ter- August 12, 1949 (6 UST 3114); (c) COOPERATIVE THREAT REDUCTION, GLOB- rorism efforts. (B) the Convention for the Amelioration of AL THREAT REDUCTION INITIATIVE, AND OTHER (c) REPORT ON TERRORIST FINANCING.— the Condition of the Wounded, Sick, and NONPROLIFERATION ASSISTANCE PROGRAMS.— (1) IN GENERAL.—Not later than 180 days Shipwrecked Members of Armed Forces at In this section, the term ‘‘Cooperative after the date of the enactment of this Act, Sea, done at Geneva August 12, 1949 (6 UST Threat Reduction, Global Threat Reduction the President shall submit to Congress a re- 3217); Initiative, and other nonproliferation assist- port evaluating the effectiveness of United (C) the Convention Relative to the Treat- ance programs’’ includes— States efforts to curtail the international fi- ment of Prisoners of War, done at Geneva (1) the programs specified in section 1501(b) nancing of terrorism. August 12, 1949 (6 UST 3316); and of the National Defense Authorization Act (2) CONTENTS.—The report required by (D) the Convention Relative to the Protec- for Fiscal Year 1997 (Public Law 104–201; 50 paragraph (1) shall evaluate and make rection of Civilian Persons in Time of War, done U.S.C. 2362 note); ommendations on— at Geneva August 12, 1949 (6 UST 3516). (2) the activities for which appropriations (A) the effectiveness of efforts and methods (4) SECRETARY.—The term ‘‘Secretary’’ are authorized by section 3101(a)(2) of the Na- to the identification and tracking of ter- means the Secretary of Defense. tional Defense Authorization Act for Fiscal rorist financing; (5) TORTURE.—The term ‘‘torture’’ has the Year 2004 (Public Law 108–136; 117 Stat. 1742); (B) ways to improve multinational and meaning given that term in section 2340 of (3) the Department of State program of as- international governmental cooperation in title 18, United States Code. sistance to science centers; this effort; SEC. ll15. PROLIFERATION OF WEAPONS OF (4) the Global Threat Reduction Initiative (C) ways to improve the effectiveness of fi- MASS DESTRUCTION. of the Department of Energy; and nancial institutions in this effort; (a) FINDINGS.—Consistent with the report (5) a program of any agency of the Federal (D) the adequacy of agency coordination, of the National Commission on Terrorist At- Government having the purpose of assisting nationally and internationally, including S10168 CONGRESSIONAL RECORD — SENATE September 30, 2004 international treaties and compacts, in this (viii) Establishing a broad-based edu- tries with sizable Muslim populations, in- effort and ways to improve that coordina- cational system. cluding increasing appearances by United tion; and (ix) Promoting democracy and the rule of States Government officials, experts, and (E) recommendations for changes in law law. citizens. and additional resources required to improve (x) Building national police and military (C) An assessment of potential incentives this effort. forces. for, and costs associated with, encouraging SEC. ll17. REPORT TO CONGRESS. (B) PROGRESS.—A description of— United States broadcasters to dub or subtitle (a) REQUIREMENT FOR REPORT.—Not later (i) the progress made toward achieving the into Arabic and other relevant languages than 180 days after the date of the enactment objectives described in clauses (i) through (x) their news and public affairs programs of this Act, the President shall submit to of subparagraph (A); and broadcast in the Muslim world in order to Congress a report on the activities of the (ii) any shortfalls in meeting such objec- present those programs to a much broader Government of the United States to carry tives and the resources needed to fully Muslim audience than is currently reached. out the provisions of this title. achieve such objectives. (D) Any recommendations the President (4) COLLABORATION WITH SAUDI ARABIA.—A (b) CONTENT.—The report required under may have for additional funding and legisla- this section shall include the following: description of the strategy of the United tion necessary to achieve the objectives of States for expanding collaboration with the (1) TERRORIST SANCTUARIES.—A description the strategy. Government of Saudi Arabia on subjects of of the strategy of the United States to ad- (7) VISAS FOR PARTICIPANTS IN UNITED mutual interest and of importance to the dress and, where possible, eliminate terrorist STATES PROGRAMS.—A description of— United States, including a description of— sanctuaries, including— (A) any recommendations for expediting (A) the utility of the President under- (A) a description of actual and potential the issuance of visas to individuals who are taking a periodic, formal, and visible high- terrorist sanctuaries, together with an as- entering the United States for the purpose of level dialogue between senior United States sessment of the priorities of addressing and participating in a scholarship, exchange, or Government officials of cabinet level or eliminating such sanctuaries; visitor program described in subsection (c) of higher rank and their counterparts in the (B) an outline of strategies for disrupting section 09 without compromising the se- Government of Saudi Arabia to address chal- ll curity of the United States; and or eliminating the security provided to ter- lenges in the relationship between the two rorists by such sanctuaries; governments and to identify areas and mech- (B) a proposed schedule for implementing (C) a description of efforts by the United anisms for cooperation; any recommendations described in subpara- States Government to work with other coun- (B) intelligence and security cooperation graph (A). tries in bilateral and multilateral fora to ad- between the United States and Saudi Arabia (8) BASIC EDUCATION IN MUSLIM COUNTRIES.— dress or eliminate actual or potential ter- in the fight against Islamist terrorism; A description of a strategy, that was devel- rorist sanctuaries and disrupt or eliminate (C) ways to advance Saudi Arabia’s con- oped after consultation with nongovern- the security provided to terrorists by such tribution to the Middle East peace process; mental organizations and individuals in- sanctuaries; and (D) political and economic reform in Saudi volved in education assistance programs in (D) a description of long-term goals and ac- Arabia and throughout the Middle East; developing countries, to promote free uni- tions designed to reduce the conditions that (E) ways to promote greater tolerance and versal basic education in the countries of the allow the formation of terrorist sanctuaries, respect for cultural and religious diversity in Middle East and in other countries with sig- such as supporting and strengthening host Saudi Arabia and throughout the Middle nificant Muslim populations designated by governments, reducing poverty, increasing East; and the President. The strategy shall include the economic development, strengthening civil (F) ways to assist the Government of Saudi following elements: society, securing borders, strengthening in- Arabia in preventing nationals of Saudi Ara- (A) A description of the manner in which ternal security forces, and disrupting logis- bia from funding and supporting extremist the resources of the United States and the tics and communications networks of ter- groups in Saudi Arabia and other countries. international community shall be used to rorist groups. (5) STRUGGLE OF IDEAS IN THE ISLAMIC help achieve free universal basic education (2) SUPPORT FOR PAKISTAN.—A description WORLD.—A description of a cohesive, long- in such countries, including— of the efforts of the United States Govern- term strategy of the United States to help (i) efforts of the United states to coordi- ment to support Pakistan and encourage win the struggle of ideas in the Islamic nate an international effort; moderation in that country, including— world, including the following: (ii) activities of the United States to lever- (A) an examination of the desirability of (A) A description of specific goals related age contributions from members of the establishing a Pakistan Education Fund to to winning this struggle of ideas. Group of Eight or other donors; and direct resources toward improving the qual- (B) A description of the range of tools (iii) assistance provided by the United ity of secondary schools in Pakistan, and an available to the United States Government States to leverage contributions from the examination of the efforts of the Govern- to accomplish such goals and the manner in private sector and civil society organiza- ment of Pakistan to fund modern public edu- which such tools will be employed. tions. cation; (C) A list of benchmarks for measuring (B) A description of the efforts of the (B) recommendations on the funding nec- success and a plan for linking resources to United States to coordinate with other do- essary to provide various levels of edu- the accomplishment of such goals. nors to reduce duplication and waste at the cational support; (D) A description of any additional re- global and country levels and to ensure effi- (C) an examination of the current composi- sources that may be necessary to help win cient coordination among all relevant de- tion and levels of United States military aid this struggle of ideas. partments and agencies of the Government to Pakistan, together with any recommenda- (E) Any recommendations for the creation of the United States. tions for changes in such levels and composi- of, and United States participation in, inter- (C) A description of the strategy of the tion that the President considers appro- national institutions for the promotion of United States to assist efforts to overcome priate; and democracy and economic diversification in challenges to achieving free universal basic (D) an examination of other major types of the Islamic world, and intraregional trade in education in such countries, including strat- United States financial support to Pakistan, the Middle East. egies to target hard to reach populations to together with any recommendations for (F) An estimate of the level of United promote education. changes in the levels and composition of States financial assistance that would be (D) A listing of countries that the Presi- such support that the President considers sufficient to convince United States allies dent determines are eligible for assistance appropriate. and people in the Islamic world that engag- under the International Youth Opportunity (3) SUPPORT FOR AFGHANISTAN.— ing in the struggle of ideas in the Islamic Fund described in section ll10 and related (A) SPECIFIC OBJECTIVES.—A description of world is a top priority of the United States programs. the strategy of the United States to provide and that the United States intends to make (E) A description of the efforts of the aid to Afghanistan during the 5-year period a substantial and sustained commitment to- United States to encourage countries in the beginning on the date of enactment of this ward winning this struggle. Middle East and other countries with signifi- Act, including a description of the resources (6) OUTREACH THROUGH BROADCAST MEDIA.— cant Muslim populations designated by the necessary during the next 5 years to achieve A description of a cohesive, long-term strat- President to develop and implement a na- specific objectives in Afghanistan in the fol- egy of the United States to expand its out- tional education plan. lowing areas: reach to foreign Muslim audiences through (F) A description of activities carried out (i) Fostering economic development. broadcast media, including the following: as part of the International Youth Oppor- (ii) Curtailing the cultivation of opium. (A) The initiatives of the Broadcasting tunity Fund to help close the digital divide (iii) Achieving internal security and sta- Board of Governors with respect to outreach and expand vocational and business skills in bility. to foreign Muslim audiences. such countries. (iv) Eliminating terrorist sanctuaries. (B) An outline of recommended actions (G) An estimate of the funds needed to (v) Increasing governmental capabilities. that the United States Government should achieve free universal basic education by (vi) Improving essential infrastructure and take to more regularly and comprehensively 2015 in each country described in subpara- public services. present a United States point of view graph (D), and an estimate of the amount (vii) Improving public health services. through indigenous broadcast media in coun- that has been expended by the United States September 30, 2004 CONGRESSIONAL RECORD — SENATE S10169 and by each such country during the pre- ‘‘(D) pursue meaningful careers; and and participate fully in life in their commu- vious fiscal year. ‘‘(E) enjoy full inclusion and integration in nities. (H) A description of the United States the economic, political, social, cultural, and ‘‘(b) PURPOSES.—The purposes of this Act strategy for garnering programmatic and fi- educational mainstream of society in the are— nancial support from countries in the Middle United States. ‘‘(1) to support State efforts to improve the East and other countries with significant ‘‘(3) Technology is one of the primary en- provision of assistive technology to individ- Muslim populations designated by the Presi- gines for economic activity, education, and uals with disabilities through comprehensive dent, international organizations, and other innovation in the Nation, and throughout statewide programs of technology-related as- countries that share the objectives of the the world. The commitment of the United sistance, for individuals with disabilities of International Youth and Opportunity Fund. States to the development and utilization of all ages, that are designed to— (9) ECONOMIC REFORM.—A description of the technology is one of the main factors under- ‘‘(A) increase the availability of, funding efforts of the United States Government to lying the strength and vibrancy of the econ- for, access to, provision of, and training encourage development and promote eco- omy of the United States. about assistive technology devices and as- nomic reform in countries that have a sig- ‘‘(4) As technology has come to play an in- sistive technology services; nificant population of Arab or Muslim indi- creasingly important role in the lives of all ‘‘(B) increase the ability of individuals viduals, including a description of— persons in the United States, in the conduct with disabilities of all ages to secure and (A) efforts to integrate countries with sig- of business, in the functioning of govern- maintain possession of assistive technology nificant populations of Arab or Muslim indi- ment, in the fostering of communication, in devices as such individuals make the transi- viduals into the global trading system; and the conduct of commerce, and in the provi- tion between services offered by educational (B) actions that the United States Govern- sion of education, its impact upon the lives or human service agencies or between set- ment, acting alone and in partnership with of individuals with disabilities in the United tings of daily living (for example, between governments in the Middle East, can take to States has been comparable to its impact home and work); promote intraregional trade and the rule of upon the remainder of the citizens of the ‘‘(C) increase the capacity of public agen- law in the region. United States. Any development in main- cies and private entities to provide and pay SEC. ll18. EFFECTIVE DATE. stream technology will have profound impli- for assistive technology devices and assistive Notwithstanding section 341 or any other cations for individuals with disabilities in technology services on a statewide basis for provision of this Act, this title shall take ef- the United States. individuals with disabilities of all ages; fect on the date of the enactment of this Act. ‘‘(5) Substantial progress has been made in ‘‘(D) increase the involvement of individ- the development of assistive technology de- uals with disabilities and, if appropriate, SA 3943. Mr. INOFE (for Mr. GREGG vices, including adaptations to existing de- their family members, guardians, advocates, (for himself, Mr. HARKIN, Mr. KENNEDY, vices that facilitate activities of daily living and authorized representatives, in decisions Mr. ENZI, Mr. REED, Mr. DEWINE, Mrs. that significantly benefit individuals with related to the provision of assistive technology devices and assistive technology serv- CLINTON, MR. ROBERTS, Mr. BINGAMAN, disabilities of all ages. These devices, includ- ices; Mrs. MURRAY, Mr. DASCHLE, and Mr. ing adaptations, increase involvement in, and reduce expenditures associated with, ‘‘(E) increase and promote coordination DODD)) submitted an amendment in- programs and activities that facilitate com- among State agencies, between State and tended to be proposed by Mr. INHOFE to munication, ensure independent functioning, local agencies, among local agencies, and be- the bill H.R. 4278, to amend the Assist- enable early childhood development, support tween State and local agencies and private ive Technology Act of 1998 to support educational achievement, provide and en- entities (such as managed care providers), programs of grants to States to address hance employment options, and enable full that are involved or are eligible to be in- the assistive technology needs of indi- participation in community living for indi- volved in carrying out activities under this viduals with disabilities, and for other viduals with disabilities. Access to such de- Act; ‘‘(F) increase the awareness and facilitate purposes; as follows: vices can also reduce expenditures associated with early childhood intervention, edu- the change of laws, regulations, policies, Strike all after the enacting clause and in- cation, rehabilitation and training, health practices, procedures, and organizational sert the following: care, employment, residential living, inde- structures, that facilitate the availability or SECTION 1. SHORT TITLE. pendent living, recreation opportunities, and provision of assistive technology devices and This Act may be cited as the ‘‘Assistive other aspects of daily living. assistive technology services; and Technology Act of 2004’’. ‘‘(6) Over the last 15 years, the Federal ‘‘(G) increase awareness and knowledge of SEC. 2. AMENDMENT TO THE ASSISTIVE TECH- Government has invested in the development the benefits of assistive technology devices NOLOGY ACT OF 1998. of comprehensive statewide programs of and assistive technology services among tar- The Assistive Technology Act of 1998 (29 technology-related assistance, which have geted individuals and entities and the gen- U.S.C. 3001 et seq.) is amended to read as fol- proven effective in assisting individuals with eral population; and lows: disabilities in accessing assistive technology ‘‘(2) to provide States with financial assist- ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. devices and assistive technology services. ance that supports programs designed to ‘‘(a) SHORT TITLE.—This Act may be cited This partnership between the Federal Gov- maximize the ability of individuals with dis- as the ‘Assistive Technology Act of 1998’. ernment and the States provided an impor- abilities and their family members, guard- ‘‘(b) TABLE OF CONTENTS.—The table of tant service to individuals with disabilities ians, advocates, and authorized representa- contents of this Act is as follows: by strengthening the capacity of each State tives to obtain assistive technology devices ‘‘Sec. 1. Short title; table of contents. to assist individuals with disabilities of all and assistive technology services. ‘‘Sec. 2. Findings and purposes. ages meet their assistive technology needs. ‘‘SEC. 3. DEFINITIONS. ‘‘Sec. 3. Definitions. ‘‘(7) Despite the success of the Federal- ‘‘In this Act: ‘‘Sec. 4. State grants for assistive tech- State partnership in providing access to as- ‘‘(1) ADULT SERVICE PROGRAM.—The term nology. sistive technology devices and assistive tech- ‘adult service program’ means a program ‘‘Sec. 5. State grants for protection and nology services, there is a continued need to that provides services to, or is otherwise sub- advocacy services related to as- provide information about the availability of stantially involved with the major life func- sistive technology. assistive technology, advances in improving tions of, individuals with disabilities. Such ‘‘Sec. 6. National activities. accessibility and functionality of assistive term includes— ‘‘Sec. 7. Administrative provisions. technology, and appropriate methods to se- ‘‘(A) a program providing residential, sup- ‘‘Sec. 8. Authorization of appropria- cure and utilize assistive technology in order portive, or employment services, or employ- tions. to maximize the independence and participa- ment-related services, to individuals with ‘‘SEC. 2. FINDINGS AND PURPOSES. tion of individuals with disabilities in soci- disabilities; ‘‘(a) FINDINGS.—Congress finds the fol- ety. ‘‘(B) a program carried out by a center for lowing: ‘‘(8) The combination of significant recent independent living, such as a center de- ‘‘(1) Over 54,000,000 individuals in the changes in Federal policy (including changes scribed in part C of title VII of the Rehabili- United States have disabilities, with almost to section 508 of the Rehabilitation Act of tation Act of 1973 (29 U.S.C. 796f et seq.); half experiencing severe disabilities that af- 1973 (29 U.S.C. 794d), accessibility provisions ‘‘(C) a program carried out by an employ- fect their ability to see, hear, communicate, of the Help America Vote Act of 2002 (42 ment support agency connected to adult vo- reason, walk, or perform other basic life U.S.C. 15301 et seq.), and the amendments cational rehabilitation, such as a one-stop functions. made to the Elementary and Secondary Edu- partner, as defined in section 101 of the ‘‘(2) Disability is a natural part of the cation Act of 1965 (20 U.S.C. 6301 et seq.) by Workforce Investment Act of 1998 (29 U.S.C. human experience and in no way diminishes the No Child Left Behind Act of 2001) and the 2801); and the right of individuals to— rapid and unending evolution of technology ‘‘(D) a program carried out by another or- ‘‘(A) live independently; require a Federal-State investment in State ganization or vender licensed or registered ‘‘(B) enjoy self-determination and make assistive technology systems to continue to by the designated State agency, as defined in choices; ensure that individuals with disabilities reap section 7 of the Rehabilitation Act of 1973 (29 ‘‘(C) benefit from an education; the benefits of the technological revolution U.S.C. 705). S10170 CONGRESSIONAL RECORD — SENATE September 30, 2004

‘‘(2) AMERICAN INDIAN CONSORTIUM.—The ities, implemented by a State, and equally and Bill of Rights Act of 2000 (42 U.S.C. 15041 term ‘American Indian consortium’ means available to all individuals with disabilities et seq.), the Protection and Advocacy for In- an entity that is an American Indian Consor- residing in the State, regardless of their type dividuals with Mental Illness Act (42 U.S.C. tium (as defined in section 102 of Develop- of disability, age, income level, or location 10801 et seq.), or section 509 of the Rehabili- mental Disabilities Assistance and Bill of of residence in the State, or the type of as- tation Act of 1973 (29 U.S.C. 794e); and Rights Act of 2000 (42 U.S.C. 15002)), and that sistive technology device or assistive tech- ‘‘(B) assist individuals with disabilities is established to provide protection and ad- nology service required. with respect to assistive technology devices vocacy services for purposes of receiving ‘‘(8) CONSUMER-RESPONSIVE.—The term and assistive technology services. funding under subtitle C of title I of such Act ‘consumer-responsive’— ‘‘(13) SECRETARY.—The term ‘Secretary’ (42 U.S.C. 15041 et seq.). ‘‘(A) with regard to policies, means that means the Secretary of Education. ‘‘(3) ASSISTIVE TECHNOLOGY.—The term ‘as- the policies are consistent with the prin- ‘‘(14) STATE.— sistive technology’ means technology de- ciples of— ‘‘(A) IN GENERAL.—Except as provided in signed to be utilized in an assistive tech- ‘‘(i) respect for individual dignity, personal subparagraph (B), the term ‘State’ means nology device or assistive technology serv- responsibility, self-determination, and pur- each of the 50 States of the United States, ice. suit of meaningful careers, based on in- the District of Columbia, the Commonwealth ‘‘(4) ASSISTIVE TECHNOLOGY DEVICE.—The formed choice, of individuals with disabil- of Puerto Rico, the United States Virgin Is- term ‘assistive technology device’ means any ities; lands, Guam, American Samoa, and the Com- item, piece of equipment, or product system, ‘‘(ii) respect for the privacy, rights, and monwealth of the Northern Mariana Islands. whether acquired commercially, modified, or equal access (including the use of accessible ‘‘(B) OUTLYING AREAS.—In section 4(b): customized, that is used to increase, main- formats) of such individuals; ‘‘(i) OUTLYING AREA.—The term ‘outlying tain, or improve functional capabilities of ‘‘(iii) inclusion, integration, and full par- area’ means the United States Virgin Is- individuals with disabilities. ticipation of such individuals in society; lands, Guam, American Samoa, and the Com- ‘‘(5) ASSISTIVE TECHNOLOGY SERVICE.—The ‘‘(iv) support for the involvement in deci- monwealth of the Northern Mariana Islands. term ‘assistive technology service’ means sions of a family member, a guardian, an ad- ‘‘(ii) STATE.—The term ‘State’ does not in- any service that directly assists an indi- vocate, or an authorized representative, if an clude the United States Virgin Islands, vidual with a disability in the selection, ac- individual with a disability requests, desires, quisition, or use of an assistive technology or needs such involvement; and Guam, American Samoa, and the Common- device. Such term includes— ‘‘(v) support for individual and systems ad- wealth of the Northern Mariana Islands. ‘‘(A) the evaluation of the assistive tech- vocacy and community involvement; and ‘‘(15) STATE ASSISTIVE TECHNOLOGY PRO- nology needs of an individual with a dis- ‘‘(B) with respect to an entity, program, or GRAM.—The term ‘State assistive technology ability, including a functional evaluation of activity, means that the entity, program, or program’ means a program authorized under the impact of the provision of appropriate activity— section 4. assistive technology and appropriate serv- ‘‘(i) is easily accessible to, and usable by, ‘‘(16) TARGETED INDIVIDUALS AND ENTI- ices to the individual in the customary envi- individuals with disabilities and, when ap- TIES.—The term ‘targeted individuals and en- ronment of the individual; propriate, their family members, guardians, tities’ means— ‘‘(B) a service consisting of purchasing, advocates, or authorized representatives; ‘‘(A) individuals with disabilities of all leasing, or otherwise providing for the acqui- ‘‘(ii) responds to the needs of individuals ages and their family members, guardians, sition of assistive technology devices by in- with disabilities in a timely and appropriate advocates, and authorized representatives; dividuals with disabilities; manner; and ‘‘(B) underrepresented populations, includ- ‘‘(C) a service consisting of selecting, de- ‘‘(iii) facilitates the full and meaningful ing the aging workforce; signing, fitting, customizing, adapting, ap- participation of individuals with disabilities ‘‘(C) individuals who work for public or pri- plying, maintaining, repairing, replacing, or (including individuals from underrepresented vate entities (including centers for inde- donating assistive technology devices; populations and rural populations) and their pendent living described in part C of title VII ‘‘(D) coordination and use of necessary family members, guardians, advocates, and of the Rehabilitation Act of 1973 (29 U.S.C. therapies, interventions, or services with as- authorized representatives, in— 796f et seq.), insurers, or managed care pro- sistive technology devices, such as therapies, ‘‘(I) decisions relating to the provision of viders) that have contact, or provide services interventions, or services associated with assistive technology devices and assistive to, with individuals with disabilities; education and rehabilitation plans and pro- technology services to such individuals; and ‘‘(D) educators at all levels (including programs; ‘‘(II) decisions related to the maintenance, viders of early intervention services, elemen- ‘‘(E) training or technical assistance for an improvement, and evaluation of the com- tary schools, secondary schools, community individual with a disability or, where appro- prehensive statewide program of technology- colleges, and vocational and other institu- priate, the family members, guardians, advo- related assistance, including decisions that tions of higher education) and related serv- cates, or authorized representatives of such affect capacity building and advocacy activi- ices personnel; an individual; ties. ‘‘(E) technology experts (including web de- ‘‘(F) training or technical assistance for ‘‘(9) DISABILITY.—The term ‘disability’ signers and procurement officials); professionals (including individuals pro- means a condition of an individual that is ‘‘(F) health, allied health, and rehabilita- viding education and rehabilitation services considered to be a disability or handicap for tion professionals and hospital employees and entities that manufacture or sell assist- the purposes of any Federal law other than (including discharge planners); ive technology devices), employers, providers this Act or for the purposes of the law of the ‘‘(G) employers, especially small business of employment and training services, or State in which the individual resides. employers, and providers of employment and other individuals who provide services to, ‘‘(10) INDIVIDUAL WITH A DISABILITY; INDIVID- training services; employ, or are otherwise substantially in- UALS WITH DISABILITIES.— ‘‘(H) entities that manufacture or sell as- volved in the major life functions of individ- ‘‘(A) INDIVIDUAL WITH A DISABILITY.—The sistive technology devices; uals with disabilities; and term ‘individual with a disability’ means any ‘‘(I) entities that carry out community ‘‘(G) a service consisting of expanding the individual of any age, race, or ethnicity— programs designed to develop essential com- availability of access to technology, includ- ‘‘(i) who has a disability; and munity services in rural and urban areas; ing electronic and information technology, ‘‘(ii) who is or would be enabled by an as- and to individuals with disabilities. sistive technology device or an assistive ‘‘(J) other appropriate individuals and en- ‘‘(6) CAPACITY BUILDING AND ADVOCACY AC- technology service to minimize deterioration tities, as determined for a State by the TIVITIES.—The term ‘capacity building and in functioning, to maintain a level of func- State. advocacy activities’ means efforts that— tioning, or to achieve a greater level of func- ‘‘(17) TECHNOLOGY-RELATED ASSISTANCE.— ‘‘(A) result in laws, regulations, policies, tioning in any major life activity. The term ‘technology-related assistance’ practices, procedures, or organizational ‘‘(B) INDIVIDUALS WITH DISABILITIES.—The means assistance provided through capacity structures that promote consumer-respon- term ‘individuals with disabilities’ means building and advocacy activities that accom- sive programs or entities; and more than 1 individual with a disability. plish the purposes described in section 2(b). ‘‘(B) facilitate and increase access to, pro- ‘‘(11) INSTITUTION OF HIGHER EDUCATION.— ‘‘(18) UNDERREPRESENTED POPULATION.— vision of, and funding for, assistive tech- The term ‘institution of higher education’ The term ‘underrepresented population’ nology devices and assistive technology serv- has the meaning given such term in section means a population that is typically under- ices, in order to empower individuals with 101(a) of the Higher Education Act of 1965 (20 represented in service provision, and in- disabilities to achieve greater independence, U.S.C. 1001(a)), and includes a community cludes populations such as persons who have productivity, and integration and inclusion college receiving funding under the Tribally low-incidence disabilities, persons who are within the community and the workforce. Controlled College or University Assistance minorities, poor persons, persons with lim- ‘‘(7) COMPREHENSIVE STATEWIDE PROGRAM Act of 1978 (25 U.S.C. 1801 et seq.). ited English proficiency, older individuals, OF TECHNOLOGY-RELATED ASSISTANCE.—The ‘‘(12) PROTECTION AND ADVOCACY SERV- or persons from rural areas. term ‘comprehensive statewide program of ICES.—The term ‘protection and advocacy ‘‘(19) UNIVERSAL DESIGN.—The term ‘uni- technology-related assistance’ means a con- services’ means services that— versal design’ means a concept or philosophy sumer-responsive program of technology-re- ‘‘(A) are described in subtitle C of title I of for designing and delivering products and lated assistance for individuals with disabil- the Developmental Disabilities Assistance services that are usable by people with the September 30, 2004 CONGRESSIONAL RECORD — SENATE S10171

widest possible range of functional capabili- ‘‘(D) SPECIAL RULE FOR FISCAL YEAR 2005.— sumer-responsive, consumer-driven advice to ties, which include products and services Notwithstanding subparagraph (C), if the the State for, planning of, implementation that are directly accessible (without requir- amount of funds made available to carry out of, and evaluation of the activities carried ing assistive technologies) and products and this section for fiscal year 2005 is greater out through the grant, including setting the services that are interoperable with assistive than the base year amount, the Secretary measurable goals described in subsection technologies. may award grants on a competitive basis for (d)(3). ‘‘SEC. 4. STATE GRANTS FOR ASSISTIVE TECH- periods of 1 year to States or outlying areas ‘‘(B) COMPOSITION AND REPRESENTATION.— NOLOGY. in accordance with the requirements of title ‘‘(i) COMPOSITION.—The advisory council ‘‘(a) GRANTS TO STATES.—The Secretary III of this Act (as in effect on the day before shall be composed of— shall award grants under subsection (b) to the date of enactment of the Assistive Tech- ‘‘(I) individuals with disabilities that use States to maintain comprehensive statewide nology Act of 2004) to develop, support, ex- assistive technology or the family members programs of technology-related assistance to pand, or administer an alternative financing or guardians of the individuals; support programs that are designed to maxi- program. ‘‘(II) a representative of the designated mize the ability of individuals with disabil- ‘‘(E) BASE YEAR AMOUNT.—In this para- State agency, as defined in section 7 of the ities across the human lifespan and across graph, the term ‘base year amount’ means Rehabilitation Act of 1973 (29 U.S.C. 705) and the wide array of disabilities, and their fam- the total amount received by all States and the State agency for individuals who are ily members, guardians, advocates, and au- outlying areas under the grants described in blind (within the meaning of section 101 of thorized representatives, to obtain assistive subparagraph (A) for fiscal year 2004. that Act (29 U.S.C. 721)), if such agency is ‘‘(c) LEAD AGENCY, IMPLEMENTING ENTITY, separate; technology, and that are designed to in- AND ADVISORY COUNCIL.— ‘‘(III) a representative of a State center for crease access to assistive technology. ‘‘(1) LEAD AGENCY AND IMPLEMENTING ENTI- independent living described in part C of ‘‘(b) AMOUNT OF FINANCIAL ASSISTANCE.— TY.— title VII of the Rehabilitation Act of 1973 (29 ‘‘(1) IN GENERAL.—From funds made avail- ‘‘(A) LEAD AGENCY.— U.S.C. 796f et seq.); able to carry out this section, the Secretary ‘‘(i) IN GENERAL.—The Governor of a State ‘‘(IV) a representative of the State work- shall award a grant to each eligible State shall designate a public agency as a lead force investment board established under and eligible outlying area from an allotment agency— section 111 of the Workforce Investment Act determined in accordance with paragraph (2). ‘‘(I) to control and administer the funds of 1998 (29 U.S.C. 2821); ‘‘(2) CALCULATION OF STATE GRANTS.— made available through the grant awarded to ‘‘(V) a representative of the State edu- ‘‘(A) BASE YEAR.—Except as provided in the State under this section; and cational agency, as defined in section 9101 of subparagraphs (B) and (C), the Secretary ‘‘(II) to submit the application described in the Elementary and Secondary Education shall allot to each State and outlying area subsection (d) on behalf of the State, to en- Act of 1965 (20 U.S.C. 7801); and for a fiscal year an amount that is not less sure conformance with Federal and State ac- ‘‘(VI) representatives of other State agen- than the amount the State or outlying area counting requirements. cies, public agencies, or private organiza- received under the grants provided under ‘‘(ii) DUTIES.—The duties of the lead agen- tions, as determined by the State. section 101 of this Act (as in effect on the cy shall include— ‘‘(ii) MAJORITY.— day before the date of enactment of the As- ‘‘(I) preparing the application described in ‘‘(I) IN GENERAL.—A majority, not less than sistive Technology Act of 2004) for fiscal year subsection (d) and carrying out State activi- 51 percent, of the members of the advisory 2004. ties described in that application, including council, shall be members appointed under ‘‘(B) RATABLE REDUCTION.— making programmatic and resource alloca- clause (i)(I). ‘‘(i) IN GENERAL.—If funds made available tion decisions necessary to implement the ‘‘(II) REPRESENTATIVES OF AGENCIES.— to carry out this section for any fiscal year comprehensive statewide program of tech- Members appointed under subclauses (II) are insufficient to make the allotments re- nology-related assistance; through (VI) of clause (i) shall not count to- quired for each State and outlying area ‘‘(II) coordinating the activities of the ward the majority membership requirement under subparagraph (A) for such fiscal year, comprehensive statewide program of tech- established in subclause (I). the Secretary shall ratably reduce the allot- nology-related assistance among public and ‘‘(iii) REPRESENTATION.—The advisory ments for such fiscal year. private entities, including coordinating ef- council shall be geographically representa- ‘‘(ii) ADDITIONAL FUNDS.—If, after the Sec- forts related to entering into interagency tive of the State and reflect the diversity of retary makes the reductions described in agreements, and maintaining and evaluating the State with respect to race, ethnicity, clause (i), additional funds become available the program; and types of disabilities across the age span, and to carry out this section for the fiscal year, ‘‘(III) coordinating efforts related to the users of types of services that an individual the Secretary shall ratably increase the al- active, timely, and meaningful participation with a disability may receive. lotments, until the Secretary has allotted by individuals with disabilities and their ‘‘(C) EXPENSES.—The members of the advi- the entire base year amount. family members, guardians, advocates, or sory council shall receive no compensation ‘‘(C) HIGHER APPROPRIATION YEARS.—Except authorized representatives, and other appro- for their service on the advisory council, but as provided in subparagraph (D), for a fiscal priate individuals, with respect to activities shall be reimbursed for reasonable and nec- year for which the amount of funds made carried out through the grant. essary expenses actually incurred in the per- available to carry out this section is greater ‘‘(B) IMPLEMENTING ENTITY.—The Governor formance of official duties for the advisory than the base year amount, the Secretary may designate an agency, office, or other en- council. shall— tity to carry out State activities under this ‘‘(D) PERIOD.—The members of the State ‘‘(i) make the allotments described in subsection (referred to in this section as the advisory council shall be appointed not later paragraph (A); ‘implementing entity’), if such implementing than 120 days after the date of enactment of ‘‘(ii) from a portion of the remainder of the entity is different from the lead agency. The the Assistive Technology Act of 2004. funds after the Secretary makes the allot- implementing agency shall carry out respon- ‘‘(E) IMPACT ON EXISTING STATUTES, RULES, ments described in clause (i), the Secretary sibilities under this Act through a sub- OR POLICIES.—Nothing in this paragraph shall shall— contract or another administrative agree- be construed to affect State statutes, rules, ‘‘(I) from 50 percent of the portion, allot to ment with the lead agency. or official policies relating to advisory bod- each State or outlying area an equal ‘‘(C) CHANGE IN AGENCY OR ENTITY.— ies for State assistive technology programs amount; and ‘‘(i) IN GENERAL.—On obtaining the ap- or require changes to governing bodies of in- ‘‘(II) from 50 percent of the portion, allot proval of the Secretary, the Governor may corporated agencies who carry out State as- to each State or outlying area an amount redesignate the lead agency, or the imple- sistive technology programs. that bears the same relationship to such 50 menting entity, if the Governor shows to the ‘‘(d) APPLICATION.— percent as the population of the State or Secretary good cause why the entity des- ‘‘(1) IN GENERAL.—Any State that desires outlying area bears to the population of all ignated as the lead agency, or the imple- to receive a grant under this section shall States and outlying areas, menting entity, respectively, should not submit an application to the Secretary, at until each State has received an allotment of serve as that agency or entity, respectively. such time, in such manner, and containing not less than $410,000 and each outlying area The Governor shall make the showing in the such information as the Secretary may re- has received an allotment of $125,000 under application described in subsection (d). quire. clause (i) and this clause; ‘‘(ii) CONSTRUCTION.—Nothing in this para- ‘‘(2) LEAD AGENCY AND IMPLEMENTING ENTI- ‘‘(iii) from the remainder of the funds after graph shall be construed to require the Gov- TY.—The application shall contain informa- the Secretary makes the allotments de- ernor of a State to change the lead agency or tion identifying and describing the lead scribed in clause (ii), the Secretary shall— implementing entity of the State to an agen- agency referred to in subsection (c)(1)(A). ‘‘(I) from 80 percent of the remainder allot cy other than the lead agency or imple- The application shall contain information to each State an amount that bears the same menting entity of such State as of the date identifying and describing the implementing relationship to such 80 percent as the popu- of enactment of the Assistive Technology entity referred to in subsection (c)(1)(B), if lation of the State bears to the population of Act of 2004. the Governor of the State designates such an all States; and ‘‘(2) ADVISORY COUNCIL.— entity. ‘‘(II) from 20 percent of the remainder, ‘‘(A) IN GENERAL.—There shall be estab- ‘‘(3) MEASURABLE GOALS.—The application allot to each State an equal amount. lished an advisory council to provide con- shall include— S10172 CONGRESSIONAL RECORD — SENATE September 30, 2004

‘‘(A) measurable goals, and a timeline for tion 508 of the Rehabilitation Act of 1973 (20 ‘‘(C) DEVICE LOAN PROGRAMS.—The State meeting the goals, that the State has set for U.S.C. 794d); and shall directly, or in collaboration with pub- addressing the assistive technology needs of ‘‘(H) the State will— lic or private entities, carry out device loan individuals with disabilities in the State re- ‘‘(i) prepare reports to the Secretary in programs that provide short-term loans of lated to— such form and containing such information assistive technology devices to individuals, ‘‘(i) education, including goals involving as the Secretary may require to carry out employers, public agencies, or others seeking the provision of assistive technology to indi- the Secretary’s functions under this Act; and to meet the needs of targeted individuals and viduals with disabilities who receive services ‘‘(ii) keep such records and allow access to entities, including others seeking to comply under the Individuals with Disabilities Edu- such records as the Secretary may require to with the Individuals with Disabilities Edu- cation Act (20 U.S.C. 1400 et seq.); ensure the correctness and verification of in- cation Act (20 U.S.C. 1400 et seq.), the Ameri- ‘‘(ii) employment, including goals involv- formation provided to the Secretary under cans with Disabilities Act of 1990 (42 U.S.C. ing the State vocational rehabilitation pro- this subparagraph. 12101 et seq.), and section 504 of the Rehabili- gram carried out under title I of the Reha- ‘‘(7) STATE SUPPORT.—The application shall tation Act of 1973 (29 U.S.C. 794). bilitation Act of 1973 (29 U.S.C. 720 et seq.); include a description of the activities de- ‘‘(D) DEVICE DEMONSTRATIONS.— ‘‘(iii) telecommunication and information scribed in paragraphs (2) and (3) of sub- ‘‘(i) IN GENERAL.—The State shall directly, technology; and section (e) that the State will support with or in collaboration with public and private ‘‘(iv) community living; and State funds. entities, such as one-stop partners, as de- ‘‘(e) USE OF FUNDS.— ‘‘(B) information describing how the State fined in section 101 of the Workforce Invest- ‘‘(1) IN GENERAL.— will quantifiably measure the goals to deter- ment Act of 1998 (29 U.S.C. 2801), demonstrate ‘‘(A) REQUIRED ACTIVITIES.—Except as pro- mine whether the goals have been achieved. vided in subparagraph (B) and paragraph (6), a variety of assistive technology devices and ‘‘(4) INVOLVEMENT OF PUBLIC AND PRIVATE any State that receives a grant under this assistive technology services (including as- ENTITIES.—The application shall describe section shall use a portion of the funds made sisting individuals in making informed how various public and private entities were available through the grant to carry out ac- choices regarding, and providing experiences involved in the development of the applica- tivities described in paragraphs (2) and (3). with, the devices and services), using per- tion and will be involved in the implementa- ‘‘(B) STATE OR NON-FEDERAL FINANCIAL SUP- sonnel who are familiar with such devices tion of the activities to be carried out PORT.—A State shall not be required to use a and services and their applications. through the grant, including— portion of the funds made available through ‘‘(ii) COMPREHENSIVE INFORMATION.—The ‘‘(A) in cases determined to be appropriate the grant to carry out the category of activi- State shall directly, or through referrals, by the State, a description of the nature and ties described in subparagraph (A), (B), (C), provide to individuals, to the extent prac- extent of resources that will be committed or (D) of paragraph (2) if, in that State— ticable, comprehensive information about by public and private collaborators to assist ‘‘(i) financial support is provided from State and local assistive technology venders, in accomplishing identified goals; and State or other non-Federal resources or enti- providers, and repair services. ‘‘(B) a description of the mechanisms es- ties for that category of activities; and ‘‘(3) STATE LEADERSHIP ACTIVITIES.— tablished to ensure coordination of activities ‘‘(ii) the amount of the financial support is ‘‘(A) IN GENERAL.—A State that receives a and collaboration between the implementing comparable to, or greater than, the amount grant under this section shall use a portion entity, if any, and the State. of the portion of the funds made available of not more than 40 percent of the funds ‘‘(5) IMPLEMENTATION.—The application through the grant that the State would have made available through the grant to carry shall include a description of— expended for that category of activities, in out the activities described in subparagraph ‘‘(A) how the State will implement each of the absence of this subparagraph. (B). From that portion, the State shall use the required activities described in sub- ‘‘(2) STATE-LEVEL ACTIVITIES.— at least 5 percent of the portion for activities section (e), except as provided in subsection ‘‘(A) STATE FINANCING ACTIVITIES.—The described in subparagraph (B)(i)(III). (e)(6)(A); and State shall support State financing activi- ‘‘(B) REQUIRED ACTIVITIES.— ‘‘(B) how the State will allocate and utilize ties to increase access to, and funding for, ‘‘(i) TRAINING AND TECHNICAL ASSISTANCE.— grant funds to implement the activities, in- assistive technology devices and assistive ‘‘(I) IN GENERAL.—The State shall directly, cluding describing proposed budget alloca- technology services (which shall not include or provide support to public or private enti- tions and planned procedures for tracking direct payment for such a device or service ties with demonstrated expertise in collabo- expenditures for activities described in para- for an individual with a disability but may rating with public or private agencies that graphs (2) and (3) of subsection (e). include support and administration of a pro- serve individuals with disabilities, to develop ‘‘(6) ASSURANCES.—The application shall gram to provide such payment), including and disseminate training materials, conduct include assurances that— development of systems to provide and pay training, and provide technical assistance, ‘‘(A) the State will annually collect data for such devices and services, for targeted infor individuals from local settings statewide, related to the required activities imple- dividuals and entities described in section including representatives of State and local mented by the State under this section in 3(16)(A), including— educational agencies, other State and local order to prepare the progress reports re- ‘‘(i) support for the development of sys- agencies, early intervention programs, adult quired under subsection (f); tems for the purchase, lease, or other acqui- service programs, hospitals and other health ‘‘(B) funds received through the grant— sition of, or payment for, assistive tech- care facilities, institutions of higher edu- ‘‘(i) will be expended in accordance with nology devices and assistive technology serv- cation, and businesses. this section; and ices; or ‘‘(II) AUTHORIZED ACTIVITIES.—In carrying ‘‘(ii) will be used to supplement, and not ‘‘(ii) support for the development of State- out activities under subclause (I), the State supplant, funds available from other sources financed or privately financed alternative fi- shall carry out activities that enhance the for technology-related assistance, including nancing systems of subsidies (which may in- knowledge, skills, and competencies of indi- the provision of assistive technology devices clude conducting an initial 1-year feasibility viduals from local settings described in sub- and assistive technology services; study of, improving, administering, oper- clause (I), which may include— ‘‘(C) the lead agency will control and ad- ating, providing capital for, or collaborating ‘‘(aa) general awareness training on the minister the funds received through the with an entity with respect to, such a sys- benefits of assistive technology and the Fed- grant; tem) for the provision of assistive tech- eral, State, and private funding sources ‘‘(D) the State will adopt such fiscal con- nology devices, such as— available to assist targeted individuals and trol and accounting procedures as may be ‘‘(I) a low-interest loan fund; entities in acquiring assistive technology; necessary to ensure proper disbursement of ‘‘(II) an interest buy-down program; ‘‘(bb) skills-development training in as- and accounting for the funds received ‘‘(III) a revolving loan fund; sessing the need for assistive technology de- through the grant; ‘‘(IV) a loan guarantee or insurance pro- vices and assistive technology services; ‘‘(E) the physical facility of the lead agen- gram; ‘‘(cc) training to ensure the appropriate ap- cy and implementing entity, if any, meets ‘‘(V) a program providing for the purchase, plication and use of assistive technology de- the requirements of the Americans with Dis- lease, or other acquisition of assistive tech- vices, assistive technology services, and ac- abilities Act of 1990 (42 U.S.C. 12101 et seq.) nology devices or assistive technology serv- cessible technology for e-government func- regarding accessibility for individuals with ices; or tions; disabilities; ‘‘(VI) another mechanism that is approved ‘‘(dd) training in the importance of mul- ‘‘(F) a public agency or an individual with by the Secretary. tiple approaches to assessment and imple- a disability holds title to any property pur- ‘‘(B) DEVICE REUTILIZATION PROGRAMS.— mentation necessary to meet the individual- chased with funds received under the grant The State shall directly, or in collaboration ized needs of individuals with disabilities; and administers that property; with public or private entities, carry out as- and ‘‘(G) activities carried out in the State sistive technology device reutilization pro- ‘‘(ee) technical training on integrating as- that are authorized under this Act, and sup- grams that provide for the exchange, repair, sistive technology into the development and ported by Federal funds received under this recycling, or other reutilization of assistive implementation of service plans, including Act, will comply with the standards estab- technology devices, which may include redis- any education, health, discharge, Olmstead, lished by the Architectural and Transpor- tribution through device sales, loans, rent- employment, or other plan required under tation Barriers Compliance Board under sec- als, or donations. Federal or State law. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10173

‘‘(III) TRANSITION ASSISTANCE TO INDIVID- ‘‘(5) PROHIBITION.—Funds made available cators, employers, providers of employment UALS WITH DISABILITIES.—The State shall di- through a grant to a State under this section services, health care workers, counselors, rectly, or provide support to public or pri- shall not be used for direct payment for an other service providers, or vendors) and the vate entities to, develop and disseminate assistive technology device for an individual topics of such training; and training materials, conduct training, facili- with a disability. ‘‘(II) to the extent practicable, the geo- tate access to assistive technology, and pro- ‘‘(6) STATE FLEXIBILITY.— graphic distribution of individuals who par- vide technical assistance, to assist— ‘‘(A) IN GENERAL.—Notwithstanding para- ticipated in the training; ‘‘(aa) students with disabilities, within the graph (1)(A) and subject to subparagraph (B), ‘‘(vii) the frequency of provision and na- meaning of the Individuals with Disabilities a State may use funds that the State re- ture of technical assistance provided to Education Act (20 U.S.C. 1400 et seq.), that ceives under a grant awarded under this sec- State and local agencies and other entities; receive transition services; and tion to carry out any 2 or more of the activi- ‘‘(viii) the number of individuals assisted ‘‘(bb) adults who are individuals with dis- ties described in paragraph (2). through the public-awareness activities and abilities maintaining or transitioning to ‘‘(B) SPECIAL RULE.—Notwithstanding para- statewide information and referral system community living. graph (3)(A), any State that exercises its au- described in subsection (e)(3)(B)(ii); ‘‘(ii) PUBLIC-AWARENESS ACTIVITIES.— thority under subparagraph (A)— ‘‘(ix) the outcomes of any improvement ‘‘(I) IN GENERAL.—The State shall conduct ‘‘(i) shall carry out each of the required ac- initiatives carried out by the State as a republic-awareness activities designed to pro- tivities described in paragraph (3)(B); and sult of activities funded under this section, vide information to targeted individuals and ‘‘(ii) shall use not more than 30 percent of including a description of any written poli- entities relating to the availability, benefits, the funds made available through the grant cies, practices, and procedures that the State appropriateness, and costs of assistive tech- to carry out the activities described in para- has developed and implemented regarding nology devices and assistive technology serv- graph (3)(B). access to, provision of, and funding for, as- ices, including— ‘‘(f) ANNUAL PROGRESS REPORTS.— sistive technology devices, and assistive ‘‘(aa) the development of procedures for ‘‘(1) DATA COLLECTION.—States shall par- technology services, in the contexts of edu- providing direct communication between ticipate in data collection as required by cation, health care, employment, commu- providers of assistive technology and tar- law, including data collection required for nity living, and information technology and geted individuals and entities, which may in- preparation of the reports described in para- telecommunications, including e-govern- clude partnerships with entities in the state- graph (2). ment; wide and local workforce investment sys- ‘‘(2) REPORTS.— ‘‘(x) the source of leveraged funding or ‘‘(A) IN GENERAL.—Each State shall prepare tems established under the Workforce In- other contributed resources, including re- and submit to the Secretary an annual vestment Act of 1998 (29 U.S.C. 2801 et seq.), sources provided through subcontracts or progress report on the activities funded State vocational rehabilitation centers, pub- other collaborative resource-sharing agree- under this Act, at such time, and in such lic and private employers, or elementary and ments, from and with public and private en- manner, as the Secretary may require. secondary public schools; tities to carry out State activities described ‘‘(B) CONTENTS.—The report shall include ‘‘(bb) the development and dissemination, in subsection (e)(3)(B)(iii), the number of in- data collected pursuant to this section. The to targeted individuals and entities, of infor- dividuals served with the contributed re- mation about State efforts related to assist- report shall document, with respect to ac- sources for which information is not re- ive technology; and tivities carried out under this section in the ported under clauses (i) through (ix) or ‘‘(cc) the distribution of materials to ap- State— clause (xi) or (xii), and other outcomes ac- propriate public and private agencies that ‘‘(i) the type of State financing activities complished as a result of such activities car- provide social, medical, educational, employ- described in subsection (e)(2)(A) used by the ried out with the contributed resources; and ment, and transportation services to individ- State; ‘‘(xi) the level of customer satisfaction uals with disabilities. ‘‘(ii) the amount and type of assistance with the services provided. ‘‘(II) COLLABORATION.—The State shall col- given to consumers of the State financing laborate with entities that receive awards activities described in subsection (e)(2)(A) ‘‘SEC. 5. STATE GRANTS FOR PROTECTION AND under paragraphs (1) and (3) of section 6(b) to (who shall be classified by type of assistive ADVOCACY SERVICES RELATED TO carry out public-awareness activities focus- technology device or assistive technology ASSISTIVE TECHNOLOGY. ing on infants, toddlers, children, transition- service financed through the State financing ‘‘(a) GRANTS.— age youth, employment-age adults, seniors, activities, and geographic distribution with- ‘‘(1) IN GENERAL.—The Secretary shall and employers. in the State), including— make grants under subsection (b) to protec- ‘‘(III) STATEWIDE INFORMATION AND REFER- ‘‘(I) the number of applications for assist- tion and advocacy systems in each State for RAL SYSTEM.— ance received; the purpose of enabling such systems to as- ‘‘(aa) IN GENERAL.—The State shall di- ‘‘(II) the number of applications approved sist in the acquisition, utilization, or main- rectly, or in collaboration with public or pri- and rejected; tenance of assistive technology devices or vate (such as nonprofit) entities, provide for ‘‘(III) the default rate for the financing ac- assistive technology services for individuals the continuation and enhancement of a tivities; with disabilities. statewide information and referral system ‘‘(IV) the range and average interest rate ‘‘(2) GENERAL AUTHORITIES.—In providing designed to meet the needs of targeted indi- for the financing activities; such assistance, protection and advocacy viduals and entities. ‘‘(V) the range and average income of ap- systems shall have the same general authori- ‘‘(bb) CONTENT.—The system shall deliver proved applicants for the financing activities as the systems are afforded under sub- information on assistive technology devices, ties; and title C of title I of the Developmental Dis- assistive technology services (with specific ‘‘(VI) the types and dollar amounts of as- abilities Assistance and Bill of Rights Act of data regarding provider availability within sistive technology financed; 2000 (42 U.S.C. 15041 et seq.), as determined by the State), and the availability of resources, ‘‘(iii) the number, type, and length of time the Secretary. including funding through public and private of loans of assistive technology devices pro- ‘‘(b) GRANTS.— sources, to obtain assistive technology de- vided to individuals with disabilities, em- ‘‘(1) RESERVATION.—For each fiscal year, vices and assistive technology services. The ployers, public agencies, or public accom- the Secretary shall reserve such sums as system shall also deliver information on the modations through the device loan program may be necessary to carry out paragraph (4). benefits of assistive technology devices and described in subsection (e)(2)(C), and an anal- ‘‘(2) POPULATION BASIS.—From the funds assistive technology services with respect to ysis of the individuals with disabilities who appropriated under section 8(b) for a fiscal enhancing the capacity of individuals with have benefited from the device loan program; year and remaining after the reservation re- disabilities of all ages to perform activities ‘‘(iv) the number, type, estimated value, quired by paragraph (1) has been made, the of daily living. and scope of assistive technology devices ex- Secretary shall make a grant to a protection ‘‘(iii) COORDINATION AND COLLABORATION.— changed, repaired, recycled, or reutilized (in- and advocacy system within each State in an The State shall coordinate activities de- cluding redistributed through device sales, amount bearing the same ratio to the re- scribed in paragraph (2) and this paragraph, loans, rentals, or donations) through the de- maining funds as the population of the State among public and private entities that are vice reutilization program described in sub- bears to the population of all States. responsible for policies, procedures, or fund- section (e)(2)(B), and an analysis of the indi- ‘‘(3) MINIMUMS.—Subject to the availability ing for the provision of assistive technology viduals with disabilities that have benefited of appropriations, the amount of a grant to a devices and assistive technology services to from the device reutilization program; protection and advocacy system under para- individuals with disabilities, service pro- ‘‘(v) the number and type of device dem- graph (2) for a fiscal year shall— viders, and others to improve access to as- onstrations and referrals provided under sub- ‘‘(A) in the case of a protection and advo- sistive technology devices and assistive tech- section (e)(2)(D), and an analysis of individ- cacy system located in American Samoa, nology services for individuals with disabil- uals with disabilities who have benefited Guam, the United States Virgin Islands, or ities of all ages in the State. from the demonstrations and referrals; the Commonwealth of the Northern Mariana ‘‘(4) INDIRECT COSTS.—Not more than 10 ‘‘(vi)(I) the number and general character- Islands, not be less than $30,000; and percent of the funds made available through istics of individuals who participated in ‘‘(B) in the case of a protection and advo- a grant to a State under this section may be training under subsection (e)(3)(B)(i) (such as cacy system located in a State not described used for indirect costs. individuals with disabilities, parents, edu- in subparagraph (A), not be less than $50,000. S10174 CONGRESSIONAL RECORD — SENATE September 30, 2004

‘‘(4) PAYMENT TO THE SYSTEM SERVING THE ‘‘(4) developing and implementing strate- ‘‘(IV) a private employer or an organiza- AMERICAN INDIAN CONSORTIUM.— gies to enhance the long-term abilities of in- tion or association that represents private ‘‘(A) IN GENERAL.—The Secretary shall dividuals with disabilities and their family employers; make grants to the protection and advocacy members, guardians, advocates, and author- ‘‘(ii) may include other entities determined system serving the American Indian Consor- ized representatives to advocate the provi- by the Secretary to be necessary; and tium to provide services in accordance with sion of assistive technology devices and as- ‘‘(iii) may include other entities deter- this section. sistive technology services to which the indi- mined by the applicant to be appropriate. ‘‘(B) AMOUNT OF GRANTS.—The amount of viduals with disabilities are entitled under ‘‘(2) RESEARCH AND DEVELOPMENT.— such grants shall be the same as the amount law other than this Act; ‘‘(A) IN GENERAL.—The Secretary may provided under paragraph (3)(A). ‘‘(5) coordinating activities with protec- award grants, contracts, or cooperative ‘‘(c) DIRECT PAYMENT.—Notwithstanding tion and advocacy services funded through agreements to eligible entities to carry out any other provision of law, the Secretary sources other than this Act, and coordi- research and development of assistive tech- shall pay directly to any protection and ad- nating activities with the capacity building nology that consists of— vocacy system that complies with this sec- and advocacy activities carried out by the ‘‘(i) developing standards for reliability tion, the total amount of the grant made for lead agency; and and accessibility of assistive technology, and such system under this section, unless the ‘‘(6) effectively allocating funds made standards for interoperability (including system provides otherwise for payment of available under this section to improve the open standards) of assistive technology with the grant amount. awareness of individuals with disabilities ‘‘(d) CERTAIN STATES.— information technology, telecommuni- about the accessibility of assistive tech- ‘‘(1) GRANT TO LEAD AGENCY.—Notwith- cations products, and other assistive technology and assist such individuals in the ac- standing any other provision of this section, nology; or quisition, utilization, or maintenance of as- with respect to a State that, on November 12, ‘‘(ii) developing assistive technology that sistive technology devices or assistive tech- 1998, was described in section 102(f)(1) of the benefits individuals with disabilities or de- nology services. Technology-Related Assistance for Individ- veloping technologies or practices that re- EPORTS AND UPDATES TO STATE AGEN- uals With Disabilities Act of 1988, the Sec- ‘‘(g) R sult in the adaptation, maintenance, serv- retary shall pay the amount of the grant de- CIES.—An entity that receives a grant under icing, or improvement of assistive tech- scribed in subsection (a), and made under this section shall prepare and submit to the nology devices. subsection (b), to the lead agency designated lead agency of the State designated under ‘‘(B) ELIGIBLE ENTITIES.—Entities eligible under section 4(c)(1) for the State. section 4(c)(1) the report described in sub- to receive a grant, contract, or cooperative section (f) and quarterly updates concerning ‘‘(2) DISTRIBUTION OF FUNDS.—A lead agen- agreement under this paragraph shall in- cy to which a grant amount is paid under the activities described in subsection (f). clude— paragraph (1) shall determine the manner in ‘‘(h) COORDINATION.—On making a grant ‘‘(i) providers of assistive technology serv- which funds made available through the under this section to an entity in a State, ices and assistive technology devices; grant will be allocated among the entities the Secretary shall solicit and consider the ‘‘(ii) institutions of higher education, in- that were providing protection and advocacy opinions of the lead agency of the State with cluding University Centers for Excellence in services in that State on the date described respect to efforts at coordination of activi- Developmental Disabilities Education, Re- in such paragraph, and shall distribute funds ties, collaboration, and promoting outcomes search, and Service authorized under subtitle to such entities. In distributing such funds, between the lead agency and the entity that D of title I of the Developmental Disabilities the lead agency shall not establish any addi- receives the grant under this section. Assistance and Bill of Rights Act of 2000 (42 tional eligibility or procedural requirements ‘‘SEC. 6. NATIONAL ACTIVITIES. U.S.C. 15061 et seq.), or such institutions of- for an entity in the State that supports pro- ‘‘(a) IN GENERAL.—In order to support ac- fering rehabilitation engineering programs, tection and advocacy services through a pro- tivities designed to improve the administra- computer science programs, or information tection and advocacy system. Such an entity tion of this Act, the Secretary, under sub- technology programs; shall comply with the same requirements section (b)— ‘‘(iii) manufacturers of assistive tech- (including reporting and enforcement re- ‘‘(1) may award, on a competitive basis, nology devices; and quirements) as any other entity that re- grants, contracts, and cooperative agree- ‘‘(iv) professionals, individuals, organiza- ceives funding under this section. ments to entities to support activities de- tions, and agencies providing services or em- ‘‘(3) APPLICATION OF PROVISIONS.—Except as scribed in paragraphs (1) and (2) of sub- ployment to individuals with disabilities. provided in this subsection, the provisions of section (b); and ‘‘(C) COLLABORATION.—An entity that re- this section shall apply to the grant in the ‘‘(2) shall award, on a competitive basis, ceives a grant, contract, or cooperative same manner, and to the same extent, as the grants, contracts, and cooperative agree- agreement under this paragraph shall, in de- provisions apply to a grant to a system. ments to entities to support activities developing and implementing the project car- ‘‘(e) CARRYOVER.—Any amount paid to an scribed in paragraphs (3), (4), and (5) of sub- ried out through the grant, contract, or co- eligible system for a fiscal year under this section (b). operative agreement coordinate activities section that remains unobligated at the end ‘‘(b) AUTHORIZED ACTIVITIES.— with the lead agency for the State assistive of such fiscal year shall remain available to ‘‘(1) NATIONAL PUBLIC-AWARENESS TOOL- technology program (or a national organiza- such system for obligation during the subse- KIT.— tion that represents such programs) and the quent fiscal year. Program income generated ‘‘(A) NATIONAL PUBLIC-AWARENESS TOOL- State advisory council described in section from such amount shall remain available for KIT.—The Secretary may award a 1-time 4(c)(2) (or a national organization that rep- 2 additional fiscal years after the year in grant, contract, or cooperative agreement to resents such councils). which such amount was paid to an eligible an eligible entity to support a training and ‘‘(3) STATE TRAINING AND TECHNICAL ASSIST- system and may only be used to improve the technical assistance program that— ANCE.— awareness of individuals with disabilities ‘‘(i) expands public-awareness efforts to ‘‘(A) TRAINING AND TECHNICAL ASSISTANCE about the accessibility of assistive tech- reach targeted individuals and entities; EFFORTS.—The Secretary shall award a nology and assist such individuals in the acquisition, utilization, or maintenance of as- ‘‘(ii) contains appropriate accessible multi- grant, contract, or cooperative agreement to sistive technology devices or assistive tech- media materials to reach targeted individ- an entity to support a training and technical nology services. uals and entities, for dissemination to State assistance program that— ‘‘(f) REPORT TO SECRETARY.—An entity that assistive technology programs; and ‘‘(i) addresses State-specific information receives a grant under this section shall an- ‘‘(iii) in coordination with State assistive requests concerning assistive technology nually prepare and submit to the Secretary a technology programs, provides meaningful from entities funded under this Act and pub- report that contains such information as the and up-to-date information to targeted indi- lic entities not funded under this Act, in- Secretary may require, including docu- viduals and entities about the availability of cluding— mentation of the progress of the entity in— assistive technology devices and assistive ‘‘(I) requests for information on effective ‘‘(1) conducting consumer-responsive ac- technology services. approaches to Federal-State coordination of tivities, including activities that will lead to ‘‘(B) ELIGIBLE ENTITY.—To be eligible to re- programs for individuals with disabilities, increased access, for individuals with disabil- ceive the grant, contract, or cooperative related to improving funding for or access to ities, to funding for assistive technology de- agreement, an entity shall develop a partner- assistive technology devices and assistive vices and assistive technology services; ship that— technology services for individuals with dis- ‘‘(2) engaging in informal advocacy to as- ‘‘(i) shall consist of— abilities of all ages; sist in securing assistive technology devices ‘‘(I) a lead agency or implementing entity ‘‘(II) requests for state-of-the-art, or and assistive technology services for individ- for a State assistive technology program or model, Federal, State, and local laws, regu- uals with disabilities; an organization or association that rep- lations, policies, practices, procedures, and ‘‘(3) engaging in formal representation for resents implementing entities for State as- organizational structures, that facilitate, individuals with disabilities to secure sys- sistive technology programs; and overcome barriers to, funding for, and tems change, and in advocacy activities to ‘‘(II) a private or public entity from the access to, assistive technology devices and secure assistive technology devices and as- media industry; assistive technology services; sistive technology services for individuals ‘‘(III) a private entity from the assistive ‘‘(III) requests for information on effective with disabilities; technology industry; and approaches to developing, implementing, September 30, 2004 CONGRESSIONAL RECORD — SENATE S10175 evaluating, and sustaining activities de- ‘‘(iv) includes such other activities as the ‘‘(v) LINKS TO PUBLIC-SECTOR RESOURCES scribed in sections 4 and 5 and related to im- Secretary may require. AND INFORMATION.—To the extent feasible, proving funding for or access to assistive ‘‘(B) ELIGIBLE ENTITIES.—To be eligible to the site shall be linked to relevant public- technology devices and assistive technology receive a grant, contract, or cooperative sector resources and information, such as services for individuals with disabilities of agreement under this paragraph, an entity the Internet sites of the Office of Special all ages, and requests for assistance in devel- shall have (directly or through grant or con- Education and Rehabilitation Services of the oping corrective action plans; tract)— Department of Education, the Office of Dis- ‘‘(IV) requests for examples of policies, ‘‘(i) experience and expertise in admin- ability Employment Policy of the Depart- practices, procedures, regulations, or judi- istering programs, including developing, im- ment of Labor, the Small Business Adminis- cial decisions that have enhanced or may en- plementing, and administering the required tration, the Architectural and Transpor- hance access to funding for assistive tech- and discretionary activities described in sec- tation Barriers Compliance Board, the Tech- nology devices and assistive technology serv- tions 4 and 5, and providing technical assist- nology Administration of the Department of ices for individuals with disabilities; ance; and Commerce, the Jobs Accommodation Net- ‘‘(V) requests for information on effective ‘‘(ii) documented experience in and knowl- work funded by the Office of Disability Em- approaches to the development of consumer- edge about banking, finance, and micro- ployment Policy of the Department of Labor, controlled systems that increase access to, lending. and other relevant sites. funding for, and awareness of, assistive tech- ‘‘(C) COLLABORATION.—In developing and ‘‘(vi) MINIMUM LIBRARY COMPONENTS.—At a nology devices and assistive technology serv- providing training and technical assistance minimum, the site shall maintain updated ices; and under this paragraph, including activities information on— ‘‘(VI) other requests for training and tech- identified as priorities, a recipient of a ‘‘(I) State assistive technology program nical assistance from entities funded under grant, contract, or cooperative agreement demonstration sites where individuals may this Act and public and private entities not under this paragraph shall collaborate with try out assistive technology devices; funded under this Act; other organizations, in particular— ‘‘(II) State assistive technology program ‘‘(ii) assists targeted individuals and enti- ‘‘(i) organizations representing individuals device loan program sites where individuals ties by disseminating information about— with disabilities; may borrow assistive technology devices; ‘‘(I) Federal, State, and local laws, regulations, policies, practices, procedures, and or- ‘‘(ii) national organizations representing ‘‘(III) State assistive technology program ganizational structures, that facilitate, and State assistive technology programs; device reutilization program sites; overcome barriers to, funding for, and access ‘‘(iii) organizations representing State offi- ‘‘(IV) alternative financing programs or to, assistive technology devices and assistive cials and agencies engaged in the delivery of State financing systems operated through, technology services, to promote fuller inde- assistive technology; or independently of, State assistive tech- pendence, productivity, and inclusion in so- ‘‘(iv) the data-collection and reporting pro- nology programs, and other sources of fund- ciety for individuals with disabilities of all viders described in paragraph (5); and ing for assistive technology devices; and ages; and ‘‘(v) other providers of national programs ‘‘(V) various programs, including programs ‘‘(II) technical assistance activities under- or programs of national significance funded with tax credits, available to employers for taken under clause (i); under this Act. hiring or accommodating employees who are ‘‘(iii) provides State-specific, regional, and ‘‘(4) NATIONAL INFORMATION INTERNET SYS- individuals with disabilities. national training and technical assistance TEM.— ‘‘(C) ELIGIBLE ENTITY.—To be eligible to re- concerning assistive technology to entities ‘‘(A) IN GENERAL.—The Secretary shall ceive a grant, contract, or cooperative agree- funded under this Act, other entities funded award a grant, contract, or cooperative ment under this paragraph, an entity shall under this Act, and public and private enti- agreement to an entity to renovate, update, be a nonprofit organization, for-profit orga- ties not funded under this Act, including— and maintain the National Public Internet nization, or institution of higher education, ‘‘(I) annually providing a forum for ex- Site established under this Act (as in effect that— changing information concerning, and pro- on the day before the date of enactment of ‘‘(i) emphasizes research and engineering; moting program and policy improvements the Assistive Technology Act of 2004). ‘‘(ii) has a multidisciplinary research cen- in, required activities of the State assistive ‘‘(B) FEATURES OF INTERNET SITE.—The Na- ter; and technology programs; tional Public Internet Site shall contain the ‘‘(iii) has demonstrated expertise in— ‘‘(II) facilitating onsite and electronic in- following features: ‘‘(I) working with assistive technology and formation sharing using state-of-the-art ‘‘(i) AVAILABILITY OF INFORMATION AT ANY intelligent agent interactive information Internet technologies such as real-time on- TIME.—The site shall be designed so that any dissemination systems; line discussions, multipoint video confer- member of the public may obtain informa- ‘‘(II) managing libraries of assistive tech- encing, and web-based audio/video broad- tion posted on the site at any time. nology and disability-related resources; casts, on emerging topics that affect State ‘‘(ii) INNOVATIVE AUTOMATED INTELLIGENT ‘‘(III) delivering to individuals with dis- assistive technology programs; AGENT.—The site shall be constructed with abilities education, information, and referral ‘‘(III) convening experts from State assist- an innovative automated intelligent agent services, including technology-based cur- ive technology programs to discuss and that is a diagnostic tool for assisting users riculum-development services for adults make recommendations with regard to na- in problem definition and the selection of ap- with low-level reading skills; tional emerging issues of importance to indi- propriate assistive technology devices and ‘‘(IV) developing cooperative partnerships viduals with assistive technology needs; assistive technology services resources. with the private sector, particularly with ‘‘(IV) sharing best practice and evidence- ‘‘(iii) RESOURCES.— private-sector computer software, hardware, based practices among State assistive tech- ‘‘(I) LIBRARY ON ASSISTIVE TECHNOLOGY.— and Internet services entities; and nology programs; The site shall include access to a comprehen- ‘‘(V) developing and designing advanced ‘‘(V) maintaining an accessible website sive working library on assistive technology Internet sites. that includes a link to State assistive tech- for all environments, including home, work- ‘‘(5) DATA-COLLECTION AND REPORTING AS- nology programs, appropriate Federal de- place, transportation, and other environ- SISTANCE.— partments and agencies, and private associa- ments. ‘‘(A) IN GENERAL.—The Secretary shall tions and developing a national toll-free ‘‘(II) INFORMATION ON ACCOMMODATING INDI- award grants, contracts, and cooperative number that links callers from a State with VIDUALS WITH DISABILITIES.—The site shall agreements to entities to assist the entities the State assistive technology program in include access to evidence-based research in carrying out State assistive technology their State; and best practices concerning how assistive programs in developing and implementing ef- ‘‘(VI) developing or utilizing existing (as of technology can be used to accommodate in- fective data-collection and reporting sys- the date of the award involved) model coop- dividuals with disabilities in the areas of tems that— erative volume-purchasing mechanisms de- education, employment, health care, com- ‘‘(i) focus on quantitative and qualitative signed to reduce the financial costs of pur- munity living, and telecommunications and data elements; chasing assistive technology for required and information technology. ‘‘(ii) measure the outcomes of the required discretionary activities identified in section ‘‘(III) RESOURCES FOR A NUMBER OF DISABIL- activities described in section 4 that are im- 4, and reducing duplication of activities ITIES.—The site shall include resources relat- plemented by the States and the progress of among State assistive technology programs; ing to the largest possible number of disabil- the States toward achieving the measurable and ities, including resources relating to low- goals described in section 4(d)(3); ‘‘(VII) providing access to experts in the level reading skills. ‘‘(iii) provide States with the necessary in- areas of banking, microlending, and finance, ‘‘(iv) LINKS TO PRIVATE-SECTOR RESOURCES formation required under this Act or by the for entities funded under this Act, through AND INFORMATION.—To the extent feasible, Secretary for reports described in section site visits, teleconferences, and other means, the site shall be linked to relevant private- 4(f)(2); and to ensure access to information for entities sector resources and information, under ‘‘(iv) help measure the accrued benefits of that are carrying out new programs or pro- agreements developed between the recipient the activities to individuals who need assist- grams that are not making progress in of the grant, contract, or cooperative agree- ive technology. achieving the objectives of the programs; ment and cooperating private-sector enti- ‘‘(B) ELIGIBLE ENTITIES.—To be eligible to and ties. receive a grant, contract, or cooperative S10176 CONGRESSIONAL RECORD — SENATE September 30, 2004 agreement under this paragraph, an entity date that is 6 months after the date of enact- ‘‘(B) a summary of the State applications shall have personnel with— ment of the Assistive Technology Act of 2004. described in section 4(d) and an analysis of ‘‘(i) documented experience and expertise ‘‘(b) REVIEW OF PARTICIPATING ENTITIES.— the progress of the States in meeting the in administering State assistive technology ‘‘(1) IN GENERAL.—The Secretary shall as- measurable goals established in State appli- programs; sess the extent to which entities that receive cations under section 4(d)(3). ‘‘(ii) experience in collecting and analyzing grants under this Act are complying with ‘‘(e) CONSTRUCTION.—Nothing in this sec- data associated with implementing required the applicable requirements of this Act and tion shall be construed to affect the enforce- and discretionary activities; achieving measurable goals that are con- ment authority of the Secretary, another ‘‘(iii) expertise necessary to identify addi- sistent with the requirements of the grant Federal officer, or a court under part D of tional data elements needed to provide com- programs under which the entities received the General Education Provisions Act (20 prehensive reporting of State activities and the grants. U.S.C. 1234 et seq.) or other applicable law. outcomes; and ‘‘(2) PROVISION OF INFORMATION.—To assist ‘‘(f) EFFECT ON OTHER ASSISTANCE.—This ‘‘(iv) experience in utilizing data to pro- the Secretary in carrying out the respon- Act may not be construed as authorizing a vide annual reports to State policymakers. sibilities of the Secretary under this section, Federal or State agency to reduce medical or ‘‘(c) APPLICATION.—To be eligible to receive the Secretary may require States to provide other assistance available, or to alter eligi- a grant, contract, or cooperative agreement relevant information, including the informa- bility for a benefit or service, under any under this section, an entity shall submit an tion required under subsection (d). other Federal law. application to the Secretary at such time, in ‘‘(c) CORRECTIVE ACTION AND SANCTIONS.— ‘‘(g) RULE.—The Assistive Technology Act such manner, and containing such informa- ‘‘(1) CORRECTIVE ACTION.—If the Secretary of 1998 (as in effect on the day before the tion as the Secretary may require. determines that an entity that receives a date of enactment of the Assistive Tech- ‘‘(d) INPUT.—With respect to the activities grant under this Act fails to substantially nology Act of 2004) shall apply to funds ap- described in subsection (b) to be funded comply with the applicable requirements of propriated under the Assistive Technology under this section, including the national this Act, or to make substantial progress to- Act of 1998 for fiscal year 2004. and regionally based training and technical ward achieving the measurable goals de- ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS. assistance efforts carried out through the ac- scribed in subsection (b)(1) with respect to ‘‘(a) STATE GRANTS FOR ASSISTIVE TECH- tivities, in designing the activities the Sec- the grant program, the Secretary shall assist NOLOGY AND NATIONAL ACTIVITIES.— retary shall consider, and in providing the the entity, through technical assistance ‘‘(1) IN GENERAL.—There are authorized to activities providers shall include, input of funded under section 6 or other means, with- be appropriated to carry out sections 4 and 6 the directors of comprehensive statewide in 90 days after such determination, to de- such sums as may be necessary for each of programs of technology-related assistance, velop a corrective action plan. fiscal years 2005 through 2010. directors of alternative financing programs, ‘‘(2) SANCTIONS.—If the entity fails to de- ‘‘(2) RESERVATION.— and other individuals the Secretary deter- velop and comply with a corrective action ‘‘(A) DEFINITION.—In this paragraph, the mines to be appropriate, especially— plan described in paragraph (1) during a fis- term ‘higher appropriation year’ means a fis- ‘‘(1) individuals with disabilities who use cal year, the entity shall be subject to 1 of cal year for which the amount appropriated assistive technology and understand the bar- the following corrective actions selected by under paragraph (1) and made available to riers to the acquisition of such technology the Secretary: carry out section 4 is at least $665,000 greater and assistive technology services; ‘‘(A) Partial or complete termination of than the amount that— ‘‘(2) family members, guardians, advocates, funding under the grant program, until the ‘‘(i) was appropriated under section 105 of and authorized representatives of such indi- entity develops and complies with such a this Act (as in effect on October 1, 2003) for viduals; plan. fiscal year 2004; and ‘‘(3) individuals employed by protection ‘‘(B) Ineligibility to participate in the ‘‘(ii) was not reserved for grants under sec- and advocacy systems funded under section grant program in the following year. tion 102 or 104 of this Act (as in effect on 5; ‘‘(C) Reduction in the amount of funding such date) for fiscal year 2004. ‘‘(4) relevant employees from Federal de- that may be used for indirect costs under ‘‘(B) AMOUNT RESERVED FOR NATIONAL AC- partments and agencies, other than the De- section 4 for the following year. TIVITIES.—Of the amount appropriated under partment of Education; ‘‘(D) Required redesignation of the lead paragraph (1) for a fiscal year— ‘‘(5) representatives of businesses; and agency designated under section 4(c)(1) or an ‘‘(i) not more than $1,235,000 may be re- ‘‘(6) venders and public and private re- entity responsible for administering the served to carry out section 6, except as pro- searchers and developers. grant program. vided in clause (ii); and ‘‘SEC. 7. ADMINISTRATIVE PROVISIONS. ‘‘(3) APPEALS PROCEDURES.—The Secretary ‘‘(ii) for a higher appropriation year— ‘‘(a) GENERAL ADMINISTRATION.— shall establish appeals procedures for enti- ‘‘(I) not more than $1,900,000 may be re- ‘‘(1) IN GENERAL.—Notwithstanding any ties that are determined to be in noncompli- served to carry out section 6; and other provision of law, the Assistant Sec- ance with the applicable requirements of ‘‘(II) of the amount so reserved, the portion retary for Special Education and Rehabilita- this Act, or have not made substantial exceeding $1,235,000 shall be used to carry out tive Services of the Department of Edu- progress toward achieving the measurable paragraphs (1) and (2) of section 6(b). cation, acting through the Rehabilitation goals described in subsection (b)(1). ‘‘(b) STATE GRANTS FOR PROTECTION AND Services Administration, shall be responsible ‘‘(4) SECRETARIAL ACTION.—As part of the ADVOCACY SERVICES RELATED TO ASSISTIVE for the administration of this Act. annual report required under subsection (d), TECHNOLOGY.—There are authorized to be ap- ‘‘(2) COLLABORATION.—The Assistant Sec- the Secretary shall describe each such action propriated to carry out section 5 $4,419,000 retary for Special Education and Rehabilita- taken under paragraph (1) or (2) and the out- for fiscal year 2005 and such sums as may be tive Services shall consult with the Office of comes of each such action. necessary for each of fiscal years 2006 Special Education Programs, the Rehabilita- ‘‘(5) PUBLIC NOTIFICATION.—The Secretary through 2010.’’. tion Services Administration, and the Na- shall notify the public, by posting on the SEC. 3. CONFORMING AMENDMENTS. tional Institute on Disability and Rehabili- Internet website of the Department of Edu- (a) DEVELOPMENTAL DISABILITIES ASSIST- tation Research in the Office of Special Edu- cation, of each action taken by the Sec- ANCE AND BILL OF RIGHTS ACT OF 2000.—The cation and Rehabilitative Services, and ap- retary under paragraph (1) or (2). As a part of Developmental Disabilities Assistance and propriate Federal entities in the administra- such notification, the Secretary shall de- Bill of Rights Act of 2000 (42 U.S.C. 15001 et tion of this Act. scribe each such action taken under para- seq.) is amended— ‘‘(3) ADMINISTRATION.—In administering graph (1) or (2) and the outcomes of each (1) in section 124(c)(3)(B), by striking ‘‘sec- this Act, the Rehabilitation Services Admin- such action. tion 101 or 102 of the Assistive Technology istration shall ensure that programs funded ‘‘(d) ANNUAL REPORT TO CONGRESS.— Act of 1998 (29 U.S.C. 3011, 3012)’’ and insert- under this Act will address the needs of indi- ‘‘(1) IN GENERAL.—Not later than December ing ‘‘section 4 or 5 of the Assistive Tech- viduals with disabilities of all ages, whether 31 of each year, the Secretary shall prepare, nology Act of 1998’’; the individuals will use the assistive tech- and submit to the President and to the Com- (2) in section 125(c)(5)(G)(i), by striking nology to obtain or maintain employment, mittee on Education and the Workforce of ‘‘section 101 or 102 of the Assistive Tech- to obtain education, or for other reasons. the House of Representatives and the Com- nology Act of 1998 (29 U.S.C. 3011, 3012)’’ and ‘‘(4) ORDERLY TRANSITION.— mittee on Health, Education, Labor, and inserting ‘‘section 4 or 5 of the Assistive ‘‘(A) IN GENERAL.—The Secretary shall Pensions of the Senate, a report on the ac- Technology Act of 1998’’; take such steps as the Secretary determines tivities funded under this Act to improve the (3) in section 143(a)(2)(D)(ii), by striking to be appropriate to provide for the orderly access of individuals with disabilities to as- ‘‘section 101 or 102 of the Assistive Tech- transition to, and implementation of, pro- sistive technology devices and assistive technology Act of 1998 (29 U.S.C. 3011, 3012)’’ and grams authorized by this Act, from programs nology services. inserting ‘‘section 4 or 5 of the Assistive authorized by the Assistive Technology Act ‘‘(2) CONTENTS.—Such report shall in- Technology Act of 1998’’; and of 1998, as in effect on the day before the date clude— (4) in section 154(a)(3)(E)(ii)(VI), by strik- of enactment of the Assistive Technology ‘‘(A) a compilation and summary of the in- ing ‘‘section 101 or 102 of the Assistive Tech- Act of 2004. formation provided by the States in annual nology Act of 1998 (29 U.S.C. 3011, 3012)’’ and ‘‘(B) CESSATION OF EFFECTIVENESS.—Sub- progress reports submitted under section inserting ‘‘section 4 or 5 of the Assistive paragraph (A) ceases to be effective on the 4(f); and Technology Act of 1998’’. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10177 (b) REHABILITATION ACT OF 1973.—The Re- Southern District of Georgia for the S. 1042, Private Bill; A bill for the rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) term of four years; Ricardo H. lief of Tchisou Tho Act of 2003, Cole- is amended— Hinojosa, to be Chair of the United man; (1) in section 203, by striking subsection (e) States Sentencing Commission; Mi- S. 2314, A bill for the relief of Nabil and inserting the following: ‘‘(e) In this section— chael O’Neill, to be a Member of the Raja Dandan, Ketty Dandan, Souzi ‘‘(1) the terms ‘assistive technology’ and United States Sentencing Commission; Dandan, Raja Nabil Dandan, and San- ‘universal design’ have the meanings given Ruben Castillo, to be a Member of the dra Dandan Act of 2004, Durbin; the terms in section 3 of the Assistive Tech- United States Sentencing Commission; S. 353, Private Bill; A bill for the re- nology Act of 1998; and Beryl Alaine Howell, to be a Member of lief of Denes and Gyorgyi Fulop Act of ‘‘(2) the term ‘targeted individuals’ has the the United States Sentencing Commis- 2003, Feinstein; meaning given the term ‘targeted individ- sion; and William Sanchez, to be Spe- H.R. 867, Private Bill; For the relief uals and entities’ in section 3 of the Assist- cial Counsel for Immigration-Related of Durreshahwar Durreshahwar, Nida ive Technology Act of 1998.’’; (2) in section 401(c)(2), by striking ‘‘tar- Unfair Employment Practice. Hasan, Asna Hasan, Anum Hasan, and Iqra Hasan Act of 2003, Holt–NJ; geted individuals’’ and inserting ‘‘targeted II. Legislation individuals and entities’’; and S. 989, A bill to provide death and dis- (3) in section 502(d), by striking ‘‘targeted S. 1635, L–1 Visa (Intracompany ability benefits for aerial firefighters individuals’’ and inserting ‘‘targeted individ- Transferee) Reform Act of 2003, who work on a contract basis for a pub- uals and entities’’. Chambliss; lic agency and suffer death or dis- S. 2396, Federal Courts Improvement ability in the line of duty, and for Mr. INHOFE (for Mr. LEAHY SA 3944. Act of 2004, Hatch, Leahy, Chambliss, other purposes Act of 2003, Enzi, Reid; (for himself and Mr. HATCH) proposed Durbin, Schumer; S. 1728, Terrorism Victim Compensa- an amendment to the bill H.R. 2714, to S. 2204, A bill to provide criminal tion Equity Act of 2003, Specter, reauthorize the State Justice Institute; penalties for false information and Leahy, Schumer; as follows: hoaxes relating to terrorism Act of S. 549, A bill to amend the September On page 3, after line 5, add the following: 2004, Hatch, Schumer, Cornyn, Fein- 11th Victim Compensation Fund of 2001 SEC. 4. LAW ENFORCEMENT ARMOR VESTS. stein, DeWine; (49 U.S.C. 40101 note; Public Law 107–42) Section 1001(a)(23) of title I of the Omnibus S. 1860, A bill to reauthorize the Of- to provide compensation for victims Crime Control and Safe Streets Act of 1968 fice of National Drug Control Policy killed in the bombing of the World (42 U.S.C. 3793(a)(23)) is amended by striking Act of 2003, Hatch, Biden, Grassley; ‘‘2004’’ and inserting ‘‘2007’’. Trade Center in 1993, and for other pur- S. 2195, A bill to amend the Con- poses Act of 2003, Schumer; f trolled Substances Act to clarify the S. 1740, Anthrax Victims Fund Fair- AUTHORITY FOR COMMITTEES TO definition of anabolic steroids and to ness Act of 2003, Leahy, Feingold; and MEET provide for research and education ac- S. Res. 424, A resolution designating tivities relating to steroids and steroid COMMITTEE ON ENERGY AND NATURAL October 2004 as ‘‘Protecting Older RESOURCES precursors Act of 2004, Biden, Hatch, Americans From Fraud Month’’ Act of Ms. COLLINS. Mr. President, I ask Grassely, Feinstein; 2004, Craig, DeWine, Feinstein, Kohl, unanimous consent that the Com- S. 2560, A bill to amend chapter 5 of Sessions, Hatch. mittee on Energy and Natural Re- title 17, United States Code, relating to The PRESIDING OFFICER. Without sources be authorized to meet during inducement of copyright infringement, objection, it is so ordered. and for other purposes Act of 2004, the session of the Senate on Thursday, COMMITTEE ON VETERANS’ AFFAIRS Hatch, Leahy, Graham; September 30 at 10:30 a.m. to receive Ms. COLLINS. Mr. President, I ask S.J. Res. 23, A joint resolution pro- testimony regarding issues relating to unanimous consent that the Com- posing an amendment to the Constitu- low level radioactive waste. mittee on Veterans’ Affairs be author- tion of the United States providing for THE PRESIDING OFFICER. Without ized to meet during the session of the the event that one-fourth of the mem- objection, it is so ordered. Senate on Thursday, September 30, bers of either the House of Representa- COMMITTEE ON THE JUDICIARY 2004, to consider the nominations of tives or the Senate are killed or inca- Mary J. Schoelen and William A. Ms. COLLINS. Mr. President, I ask pacitated Act of 2003, Cornyn, Moorman to be Judges, U.S. Court of unanimous consent that the Com- Chambliss; Appeals for Veterans’ Claims, and Rob- mittee on the Judiciary be authorized S. 2373, A bill to modify the prohibi- ert Allen Pittman to be Assistant Sec- to meet to continue its markup on tion on recognition by United States retary of Human Resources and Admin- Thursday, September 30, 2004 at 9:30 courts of certain rights relating to cer- istration, Department of Veterans Af- a.m. in Dirksen Senate Office Building tain marks, trade names, or commer- fairs. The hearing will take place in Room 226. cial names, Domenici, Graham, Ses- room 418 of the Russell Senate Office Agenda sions; S. 1784, A bill to eliminate the safe- Building at 2:00 p.m. I. Nominations harbor exception for certain packaged The PRESIDING OFFICER. Without Claude A. Allen, to be U.S. Circuit pseudoephedrine products used in the objection, it is so ordered. Judge for the Fourth Circuit; Susan B. manufacture of methamphetamine Act SUBCOMMITTEE ON COMMUNICATIONS Neilson, to be United States Circuit of 2003, Feinstein, Grassley, Kohl, Ms. COLLINS. Mr. President, I ask Judge for the Sixth Circuit; Micaela Biden, Kyl, Schumer; unanimous consent that the Sub- Alvarez, to be United States District S. ll, A bill to reauthorize the De- committee on Communications be au- Judge for the Southern District of partment of Justice, Hatch; thorized to meet on September 30, 2004, Texas; Keith Starrett, to be United H.R. 2391, To amend title 35, United at 2:30 pm. on ICANN Oversight/Secu- States District Judge for the Southern States Code, to promote cooperative rity of Internet Root Servers and the District of Mississippi; Christopher research involving universities, the Domain Name System (DNS). Boyko, to be United States District public sector, and private enterprises The PRESIDING OFFICER. Without Judge for the Northern District of Act of 2003, Smith–TX; objection, it is so ordered. Ohio; Raymond L. Finch, to be Judge S. 2760, A bill to limit and expedite SUBCOMMITTEE ON FINANCIAL MANAGEMENT, for the District Court of the Virgin Is- Federal collateral review of convic- THE BUDGET, AND INTERNATIONAL SECURITY lands for a term of ten years, re- tions for killing a public safety officer Ms. COLLINS. Mr. President, I ask appointment; David E. Nahmias, to be Act of 2004, Kyl, Hatch, Craig, Cornyn, unanimous consent that the Com- United States Attorney for the North- Sessions, Chambliss; mittee on Governmental Affairs’ Sub- ern District of Georgia; Richard B. S. 115, Private Bill; A bill for the re- committee on Financial Management, Roper, to be United States Attorney lief of Richi James Lesley Act of 2004, the Budget, and International Security for the Northern District of Texas for Cochran; be authorized to meet on Thursday, the term of four years; Lisa Wood, to S. 2331, A bill for the relief of September 30, 2004 at 10:30 a.m. for a be United States Attorney for the Fereshteh Sani Act of 2004, Allen; hearing entitled, ‘‘Oversight Hearing S10178 CONGRESSIONAL RECORD — SENATE September 30, 2004 on Section 529 College Savings Plans: of importance and responsibility under title The following named officer for appoint- High Fees, Inadequate Disclosure, Dis- 10, U.S.C., section 601: ment in the Reserve of the Army to the parate State Tax Treatment and Ques- To be lieutenant general grades indicated under title 10, U.S.C., sec- tionable Broker Sales Practices.’’ Maj. Gen. Stephen G. Wood tion 12203: The PRESIDING OFFICER. Without The following Air National Guard of the To be major general objection, it is so ordered. United States officers for appointment in the Brig. Gen. James E. Archer Reserve of the Air Force to the grades indi- Brig. Gen. Steven P. Best f cated under title 10, U.S.C., section 12203: Brig. Gen. Jack C. Stultz PRIVILEGE OF THE FLOOR To be brigadier general To be brigadier general Mr. LIEBERMAN. Mr. President, I Colonel Robert A. Knauff Col. Edward L. Arntson, II ask unanimous consent that Dr. Jona- The following named officer for appoint- Col. Gregory A. Schumacher Col. Maynard J. Sanders than Epstein, who is a legislative fel- ment to the grade indicated in the United States Air Force under title 10, United Col. Jack F. Nevin low in Senator BINGAMAN’s office, be States Code, section 9335: Col. Adolph McQueen, Jr. granted the privilege of the floor dur- To be brigadier general Col. Glenn J. Lesniak ing the pendency of S. 2845 and any Col. Margrit M. Farmer votes thereon. Col. Dana H. Born Col. Norman H. Andersson The following named officer for appoint- The PRESIDING OFFICER. Without To be major general ment in the United States Air Force to the objection, it is so ordered. grade indicated under title 10, U.S.C., section Brig. Gen. Peter S. Cooke f 624: The following named officer for appointment in the United States Army to the grade EXECUTIVE SESSION To be brigadier general Col. Marshall K. Sabol indicated under title 10, U.S.C., section 624: To be brigadier general IN THE ARMY Col. Karl R. Horst EXECUTIVE CALENDAR The following named officer for appointment in the United States Army to the grade The following Army National Guard of the Mr. INHOFE. Mr. President, I ask United States officer for appointment in the unanimous consent that the Senate indicated while assigned to a position of importance and responsibility under title 10, Reserve of the Army to the grade indicated proceed to executive session to con- U.S.C., section 601: under title 10, U.S.C., section 12203: sider the following nominations on the To be general To be brigadier general Executive Calendar, and for the infor- Lt. Gen. Benjamin S. Griffin Col. Dana D. Batey mation of Members, these are uni- The following named officer for appoint- The following named officer for appoint- formed military promotions that were ment as The Surgeon General, United States ment to the grade indicated in the United reported today by the Armed Services Army, and appointment to the grade indi- States Army Veterinary Corps under title 10, Committee: 867 through 900, and all cated while assigned to a position of impor- U.S.C., sections 3064 and 3084: nominations on the Secretary’s desk in tance and responsibility under title 10, To be brigadier general the Air Force, Army, Marine Corps, U.S.C., sections 601 and 3036: Col. Michael B. Cates To be lieutenant general and Navy. IN THE MARINE CORPS I further ask unanimous consent that Maj. Gen. Kevin C. Kiley The following named officer for appoint- the nominations be confirmed, the mo- The following named officer for appointment in the United States Marine Corps to tions to reconsider be laid upon the ment in the United States Army to the grade the grade indicated while assigned to a posi- table, the President be immediately indicated while assigned to a position of im- tion of importance and responsibility under notified of the Senate’s action, and the portance and responsibility under title 10, title 10, U.S.C., section 601: U.S.C., section 601: Senate then resume legislative session. To be lieutenant general To be lieutenant general The PRESIDING OFFICER. Without Maj. Gen. James N. Mattis Lt. Gen. James J. Lovelace, Jr. objection, it is so ordered. The following named officer for appoint- The nominations were considered and The following named officer for appointment in the United States Marine Corps to confirmed, as follows: ment in the United States Army to the grade the grade indicated while assigned to a posi- indicated while assigned to a position of im- IN THE AIR FORCE tion of importance and responsibility under portance and responsibility under title 10, title 10, U.S.C., section 601: The following named officer for appoint- U.S.C., section 601: To be lieutenant general ment in the United States Air Force to the To be lieutenant general grade indicated while assigned to a position Lt. Gen. Edward Hanlon, Jr. of importance and responsibility under title Maj. Gen. James M. Dubik IN THE NAVY 10, U.S.C., section 601: The following named officer for appointment in the United States Army to the grade The following named officer for appoint- To be general indicated while assigned to a position of im- ment to the grade of Admiral in the United Lt. Gen. Bruce A. Carlson portance and responsibility under title 10, States Navy while assigned to a position of The following named officer for appoint- U.S.C., section 601: importance and responsibility under title 10, ment in the United States Air Force to the To be lieutenant general U.S.C., section 601 and title 50, U.S.C., sec- grade indicated while assigned to a position Maj. Gen. Robert T. Dail tion 2406: of importance and responsibility under title To be admiral 10, U.S.C., section 601: The following named officer for appointment in the United States Army to the grade Vice Adm. Kirkland H. Donald To be lieutenant general indicated while assigned to a position of im- The following named officer for appoint- Maj. Gen. Dennis R. Larsen portance and responsibility under title 10, ment in the United States Navy to the grade The following named officer for appoint- U.S.C., section 601: indicated while assigned to a position of im- ment in the United States Air Force to the To be lieutenant general portance and responsibility under title 10, grade indicated while assigned to a position Maj. Gen. David F. Melcher U.S.C., section 601: of importance and responsibility under title The following named officer for appoint- To be vice admiral 10, U.S.C., section 601: ment in the United States Army to the grade Rear Adm. Charles L. Munns To be lieutenant general indicated while assigned to a position of im- The following named officer for appoint- Maj. Gen. William M. Fraser, III portance and responsibility under title 10, ment in the United States Navy to the grade The following named officer for appoint- U.S.C., section 601: indicated while assigned to a position of im- ment in the United States Air Force to the To be lieutenant general portance and responsibility under title 10, grade indicated while assigned to a position Maj. Gen. R. Steven Whitcomb U.S.C., section 601: of importance and responsibility under title The following named officer for appoint- To be vice admiral 10, U.S.C., section 601: ment in the United States Army to the grade Rear Adm. James K. Moran To be lieutenant general indicated while assigned to a position of im- The following named officer for appoint- Lt. Gen. Carrol H. Chandler portance and responsibility under title 10, ment in the United States Navy to the grade The following named officer for appoint- U.S.C., section 601: indicated while assigned to a position of im- ment in the United States Air Force to the To be lieutenant general portance and responsibility under title 10, grade indicated while assigned to a position Lt. Gen. David D. McKiernan U.S.C., section 601:

VerDate Sep 11 2014 08:48 Jul 17, 2019 Jkt 000000 PO 00000 Frm 00184 Fmt 4624 Sfmt 0634 C:\ERIC\CONGRESSIONAL RECORD SSN FILES_2\S30SE4.REC S30SE4 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 30, 2004 CONGRESSIONAL RECORD — SENATE S10179 To be vice admiral Senate and appeared in the Congressional WALTER, which nominations were received Rear Adm. Joseph A. Sestak, Jr. Record of July 22, 2004. by the Senate and appeared in the Congres- PN1850 AIR FORCE nomination of Robert sional Record of September 10, 2004. The following named officer for appoint- L. Munson, which was received by the Senate PN1929 ARMY nominations (6) beginning ment in the United States Navy to the grade and appeared in the Congressional Record of MARK A. COSGROVE, and ending RONNIE indicated while assigned to a position of im- July 22, 2004. J. WESTMAN, which nominations were re- portance and responsibility under title 10, PN1882 AIR FORCE nomination of James ceived by the Senate and appeared in the U.S.C., section 601: Miller, which was received by the Senate and Congressional Record of September 10, 2004. To be vice admiral appeared in the Congressional Record of Sep- PN1930 ARMY nominations (11) beginning Rear Adm. Mark P. Fitzgerald tember 8, 2004. STEVEN H. BULLOCK, and ending JOHN M. The following named officer for appoint- PN1883 AIR FORCE nomination (9) begin- STANG, which nominations were received by the Senate and appeared in the Congres- ment in the United States Navy to the grade ning MICHAEL M. HARTING, and ending sional Record of September 10, 2004. indicated while assigned to a position of im- JOEL C. WRIGHT, which was received by the PN1931 ARMY nominations (119) beginning portance and responsibility under title 10, Senate and appeared in the Congressional Record of September 8, 2004. MICHAEL N. ALBERTSON, and ending WIL- U.S.C., section 601: LIAM S. WOESSNER, which nominations To be vice admiral PN1884 AIR FORCE nomination of Dana J. Nelson, which was received by the Senate were received by the Senate and appeared in Vice Adm. Gary Roughead and appeared in the Congressional Record of the Congressional Record of September 10, 2004. The following named officer for appoint- September 8, 2004. PN1932 ARMY nominations (91) beginning ment in the United States Navy to the grade PN1885 AIR FORCE nomination of William JOHN W. AMBERG II, and ending RICHARD indicated while assigned to a position of im- E. Lindsey, which was received by the Sen- G. ZOLLER, which nominations were re- portance and responsibility under title 10, ate and appeared in the Congressional U.S.C., section 601: ceived by the Senate and appeared in the Record of September 8, 2004. Congressional Record of September 10, 2004. To be vice admiral PN1886 AIR FORCE nomination of Martin PN1933 ARMY nominations (176) beginning Rear Adm. Lewis W. Crenshaw, Jr. S. Fass, which was received by the Senate GILBERT ADAMS, and ending SCOTT W. and appeared in the Congressional Record of The following named officer for appoint- ZURSCHMIT, which nominations were re- September 8, 2004. ment as Deputy Judge Advocate General of ceived by the Senate and appeared in the PN1923 AIR FORCE nomination of Frank Congressional Record of September 10, 2004. the Navy in the grade indicated under title A. Posey, which was received by the Senate 10, U.S.C., section 5149: PN1934 ARMY nominations (75) beginning and appeared in the Congressional Record of CELETHIA M. ABNER, and ending CHERUB To be rear admiral September 10, 2004. I. * WILLIAMSON, which nominations were Capt. Bruce E. MacDonald PN1924 AIR FORCE nomination of Tracey received by the Senate and appeared in the The following named officer for appoint- R.* Rockenbach, which was received by the Congressional Record of September 10, 2004. ment as Judge Advocate General of the Navy Senate and appeared in the Congressional PN1936 ARMY nominations (292) beginning in the grade indicated under title 10, U.S.C., Record of September 10, 2004. THOMAS L. * ADAMS JR., and ending section 5149: PN1925 AIR FORCE nominations (2) begin- KATHRYN M. * ZAMBONICUTTER, which ning SHANNON D.* HAILES, and ending MI- To be rear admiral nominations were received by the Senate and CHAEL F. LAMB, which was received by the appeared in the Congressional Record of Sep- Rear Adm. James E. McPherson Senate and appeared in the Congressional tember 10, 2004. The following named officer for appoint- Record of September 10, 2004. PN1955 ARMY nomination of Raymond L. ment in the United States Naval Reserve to PN1926 AIR FORCE nominations (4) begin- Naworol, which was received by the Senate the grade indicated under title 10, U.S.C., ning TOMMY D.* BOUIE, and ending JEN- and appeared in the Congressional Record of section 12203: NIFER L.* LUCE, which was received by the September 13, 2004. To be rear admiral (lower half) Senate and appeared in the Congressional PN1956 ARMY nomination of Keith A. George, which was received by the Senate Capt. Norton C. Joerg Record of September 10, 2004. PN1954 AIR FORCE nominations (3) begin- and appeared in the Congressional Record of The following named officers for appoint- ning NOEL D. MONTGOMERY and ending September 13, 2004. ment in the United States Navy to the grade ALEXANDER V.* SERVINO, which was re- PN1957 ARMY nomination of Curtis L. indicated under title 10, U.S.C., section 624: ceived by the Senate and appeared in the Beck, which was received by the Senate and To be rear admiral (lower half) Congressional Record of September 13, 2004. appeared in the Congressional Record of Sep- Captain Gerald R. Beaman PN1981 AIR FORCE nominations (2) begin- tember 13, 2004. Captain Mark S. Boensel ning KATHLEEN HARRINGTON, and ending PN1958 ARMY nomination of Rex A. Har- Captain John H. Bowling, II PAUL E. PIROG, which was received by the rison, which was received by the Senate and Captain Mark H. Buzby Senate and appeared in the Congressional appeared in the Congressional Record of Sep- Captain Dan W. Davenport Record of September 21, 2004. tember 13, 2004. PN1959 ARMY nominations (2) beginning Captain William E. Gortney PN1982 AIR FORCE nomination of George KEVIN HAMMOND, and ending MICHAEL Captain Michael R. Groothousen J. Krakie, which was received by the Senate KNIPPEL, which nominations were received Captain Victor Guillory and appeared in the Congressional Record of by the Senate and appeared in the Congres- Captain Cecil E. Haney September 21, 2004. PN1983 AIR FORCE nominations (2) begin- sional Record of September 13, 2004. Captain Harry B. Harris, Jr. PN1960 ARMY nominations (14) beginning ning DAVID A. LUJAN, and ending MI- Captain James M. Hart JAIME B. * ANDERSON, and ending JO- CHAEL C. SCHRAMM, which was received Captain Ronald H. Henderson, Jr. SEPH G. * WILLIAMSON, which nomina- by the Senate and appeared in the Congres- Captain Joseph D. Kernan tions were received by the Senate and ap- sional Record of September 21, 2004. Captain Raymond M. Klein peared in the Congressional Record of Sep- PN1984 AIR FORCE nominations (5) begin- Captain Charles J. Leidig, Jr. tember 13, 2004. Captain Archer M. Macy, Jr. ning DOUGLAS A. HABERMAN, and ending PN1961 ARMY nominations (102) beginning Captain Michael K. Mahon MATTHEW S. WARNER, which nominations JAMES R. ANDREWS, and ending SHANDA Captain Chalres W. Martoglio were received by the Senate and appeared in M. ZUGNER, which nominations were re- Captain Walter M. Skinner the Congressional Record of September 21, ceived by the Senate and appeared in the Captain Scott R. Vanbuskirk 2004. Congressional Record of September 13, 2004. Captain Michael C. Vitale PN1985 AIR FORCE nomination of Martin PN1962 ARMY nominations (880) beginning Captain Richard B. Wren J. Towey, which was received by the Senate MICHAEL C. AARON, and ending X4130, The following named officer for appoint- and appeared in the Congressional Record of which nominations were received by the Sen- ment in the United States Navy to the grade September 21, 2004. ate and appeared in the Congressional indicated under title 10, U.S.C., section 624: IN THE ARMY Record of September 13, 2004. To be read admiral (lower half) PN1887 ARMY nominations (34) beginning PN1963 ARMY nominations (1830) beginning CHRISTOPHER W. * ABBOTT, and end- Capt. Christine S. Hunter JUAN H. BANKS, and ending LISA N. YARBROUGH, which nominations were re- ing X3181, which nominations were received NOMINATIONS PLACED ON THE SECRETARY’S ceived by the Senate and appeared in the by the Senate and appeared in the Congres- DESK Congressional Record of September 8, 2004. sional Record of September 13, 2004. IN THE AIR FORCE PN1927 ARMY nominations (9) beginning PN1986 ARMY nomination of John R. PN1848 AIR FORCE nomination of Mar- MICHAEL J. BLACHURA, and ending RON- Peloquin, which was received by the Senate jorie B. Medina, which was received by the ALD P. WELCH, which nominations were re- and appeared in the Congressional Record of Senate and appeared in the Congressional ceived by the Senate and appeared in the September 21, 2004. Record of July 22, 2004. Congressional Record of September 10, 2004. IN THE MARINE CORPS PN1849 AIR FORCE nomination of Henry PN1928 ARMY nominations (6) beginning PN1361 MARINE CORPS nomination of Lee Einsel Jr., which was received by the SCOTT A. AYRES, and ending GERALD I. John T. Brower, which was received by the

VerDate Sep 11 2014 08:48 Jul 17, 2019 Jkt 000000 PO 00000 Frm 00185 Fmt 4624 Sfmt 0634 C:\ERIC\CONGRESSIONAL RECORD SSN FILES_2\S30SE4.REC S30SE4 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE S10180 CONGRESSIONAL RECORD — SENATE September 30, 2004 Senate and appeared in the Congressional ceived by the Senate and appeared in the in unspent 2002 state allotments are Record of February 11, 2004. Congressional Record of September 10, 2004. available to Secretary Thompson to re- PN1888 MARINE CORPS nomination of PN1946 NAVY nominations (21) beginning distribute to states that have spent John M. Sessoms, which was received by the MARIANIE O BALOLONG, and ending their 2002 allotments. Senate and appeared in the Congressional KAREN M WINGEART, which nominations I want to go on the record to say that Record of September 8, 2004. were received by the Senate and appeared in PN1987 MARINE CORPS nomination of the Congressional Record of September 10, I am absolutely committed to finding a Randy O. Carter, which was received by the 2004. bipartisan solution that will keep the Senate and appeared in the Congressional PN1947 NAVY nominations (239) beginning $1.1 billion in the SCHIP program. Con- Record of September 21, 2004. THOMAS G ALFORD, and ending KENDAL gress can, and should, address this IN THE NAVY T ZAMZOW, which nominations were re- issue before recessing in October, but if PN1889 NAVY nominations (146) beginning ceived by the Senate and appeared in the not, certainly before the close of the ANDREW M ARCHILA, and ending RICH- Congressional Record of September 10, 2004. session. I want to work together with ARD G ZEBER, which nominations were re- PN1948 NAVY nominations (809) beginning my colleagues in both parties toward a RYAN D AARON, and ending DAVID G ceived by the Senate and appeared in the productive approach. The SCHIP pro- Congressional Record of September 8, 2004. ZOOK, which nominations were received by the Senate and appeared in the Congres- gram was created when people reached PN1890 NAVY nominations (22) beginning across the aisle and joined together to RAY A BAILEY, and ending DAVID A sional Record of September 10, 2004. STROUD, which nominations were received PN1964 NAVY nominations (5) beginning do the right thing to get kids health by the Senate and appeared in the Congres- GLENN A. JETT, and ending MATTHEW coverage. Today we need to move for- sional Record of September 8, 2004. WILLIAMS, which nominations were reward with this same spirit of coopera- PN1891 NAVY nominations (87) beginning ceived by the Senate and appeared in the tion and commitment. RAYMOND ALEXANDER, and ending MARK Congressional Record of September 13, 2004. We can also improve the SCHIP pro- PN1965 NAVY nominations (65) beginning A ZIEGLER, which nominations were re- gram to get more kids covered. In 2003, ceived by the Senate and appeared in the RICHARD S ADCOOK, and ending JEFFREY G ZELLER, which nominations were re- SCHIP covered 5.8 million targeted Congressional Record of September 8, 2004. low-income individuals. However, a PN1892 NAVY nominations (52) beginning ceived by the Senate and appeared in the STEVEN W ASHTON, and ending JASON D Congressional Record of September 13, 2004 substantial number of children who are ZEDA, which nominations were received by PN1966 NAVY nomination of Daniel C. eligible for health coverage through the Senate and appeared in the Congres- Ritenburg, which was received by the Senate SCHIP are not enrolled. This is a seri- sional Record of September 8, 2004. and appeared in the Congressional Record of ous issue that deserves our thoughtful PN1893 NAVY nominations (140) beginning September 13, 2004. attention. We can do better. TAMMERA L ACKISS, and ending KATH- PN1988 NAVY nomination of Dwayne The Federal Government should com- Banks, which was received by the Senate and LEEN L YUHAS, which nominations were mit itself to getting more of these kids received by the Senate and appeared in the appeared in the Congressional Record of Sep- tember 21, 2004. enrolled. They are entitled to health Congressional Record of September 8, 2004. coverage under this vitally important PN1894 NAVY nominations (243) beginning PN1989 NAVY nominations (8) beginning IK J AHN, and ending SARA B ZIMMER, BILLY R. DAVIS, and ending WILLIAM H. program, yet billions of SCHIP dollars which nominations were received by the Sen- SPEAKS, which nominations were received lie unspent. These unspent dollars are ate and appeared in the Congressional by the Senate and appeared in the Congres- not helping any children today. I would Record of September 8, 2004. sional Record of September 21, 2004. hope that we can work out a plan to PN1895 NAVY nominations (40) beginning f target a portion of the $1.1 billion in KERRY L ABRAMSON, and ending ANDRUE LEGISLATIVE SESSION expiring SCHIP funding towards a co- E WALL, which nominations were received ordinated SCHIP outreach plan so that by the Senate and appeared in the Congres- The PRESIDING OFFICER. Under as many eligible children as possible sional Record of September 8, 2004. the previous order, the Senate will now receive the coverage they deserve. PN1937 NAVY nomination of Arthur B. return to legislative session. Short, which was received by the Senate and Of course, I am aware that there are appeared in the Congressional Record of Sep- f fiscal concerns from states that can impede their ability to use State dol- tember 10, 2004. WELFARE REFORM EXTENSION PN1938 NAVY nomination of Scott lars to match Federal SCHIP dollars. ACT, PART VIII Drayton, which was received by the Senate Some are also concerned that increased and appeared in the Congressional Record of Mr. FRIST. Mr. President, I ask enrollment will place a burden on September 10, 2004. unanimous consent that the Senate states already struggling with the ris- PN1939 NAVY nomination of Cipriano now proceed to consideration of H.R. Pineda Jr., which was received received by ing cost of health care. I really believe, the Senate and appeared in the Congres- 5149, which is at the desk. however, that we can find a way to get sional Record of September 10, 2004. The PRESIDING OFFICER. The more kids covered and provide states PN1940 NAVY nominations (25) beginning clerk will report the bill by title. incentives to do so. MICHAEL P AMSTUTZ JR, and ending The assistant legislative clerk read The fact that these funds are expir- JAMES J WOJTOWICZ, which nominations as follows: ing does not mean that the SCHIP pro- were received by the Senate and appeared in A bill (H.R. 5149) to reauthorize the Tem- gram is in danger of imminent col- the Congressional Record of September 10, porary Assistance for Needy Families block lapse. That is not the case. While I am 2004. grant program through March 31, 2005, and informed by CMS that six States face PN1941 NAVY nominations (31) beginning for other purposes. JERRY L ALEXANDER, and ending LORI C potential SCHIP shortfalls in FY05, WORKS, which nominations were received There being no objection, the Senate Secretary Thompson has indicated by the Senate and appeared in the Congres- proceeded to consider the bill. that, unless Congress passes legislation sional Record of September 10, 2004. Mr. GRASSLEY. Mr. President, the to address these shortfalls, he will re- PN1942 NAVY nominations (41) beginning state of children’s health insurance distribute the approximately $660 mil- PATRICK L BENNETT, and ending ERNEST program, or SCHIP, is one of the larg- lion in 2002 allotments, which is more C WOODWARD, which nominations were re- est and most successful expansion of than enough to make up for these ceived by the Senate and appeared in the public health insurance for children shortfalls in 2005. Congressional Record of September 10, 2004. PN1943 NAVY nominations (19) beginning since the creation of Medicaid. This vi- Working together, Congress can re- CLAUDE W ARNOLD JR, and ending STE- tally important program was created allocate the expiring $1.1 billion after VEN M WENDELIN, which nominations were through a bipartisan commitment to tomorrow with no impact on the received by the Senate and appeared in the expanding health coverage for children. SCHIP program. In fact, in the past, Congressional Record of September 10, 2004. Because today is the last day of the fis- Congress has acted months later to re- PN1944 NAVY nominations (31) beginning cal year for the Federal Government, allocate expired SCHIP funds back into CHRISTOPHER L BOWEN, and ending WIL- $1.1 billion in unspent SCHIP funds are the program. So it is not the case that LIAM L WOOD, which nominations were reset to expire. These are funds that have September 30th is the ‘‘drop dead date’’ ceived by the Senate and appeared in the Congressional Record of September 10, 2004. been reallocated and then subsequently for action. In fact, when the FY1998 and PN1945 NAVY nominations (63) beginning have had their availability extended FY1999 reallocations expired at the JULIE M ALFIERI, and ending DONNA I several times over the past few years. close of FY2002, Congress acted in 2003 YACOVONI, which nominations were re- In addition approximately $660 million to ‘‘reinstate’’ these funds through September 30, 2004 CONGRESSIONAL RECORD — SENATE S10181 September 30, 2004. So, even if Congress year 2002 funds is contained in S. 2759, working to bridge the gap between leg- acts in November to reallocate these authored by Senators ROCKEFELLER, islation introduced by Senators ROCKE- funds, this is how Congress has dealt CHAFEE, KENNEDY and SNOWE, is that it FELLER and CHAFEE that would pre- with the issue in the past and it can be does not directly help enroll the mil- serve and reallocate the $1.1 billion in done again. lions of uninsured children who are eli- SCHIP funds and the administration’s We can work together to get the job gible for CHIP program. I have re- stated position to preserve the funding done. I am committed to working with viewed the Rockefeller-Kennedy bill but take those dollars currently dedi- members on both sides of the aisle to and I am not convinced that it does cated to health insurance coverage and reach a bipartisan agreement so that anything to increase CHIP enrollment. use them instead ‘‘to enroll more chil- we can keep the $1.1 billion in the Providing health insurance coverage dren who remain uninsured despite SCHIP program, address the projected under CHIP to uninsured children being eligible for coverage.’’ 6-state shortfall and get as many kids should be our top priority, not redis- In light of the chairman’s dedication as possible the health care coverage for tributing CHIP funding to states. Con- to the issue and commitment to a bi- which they are entitled. I believe we gress has redistributed leftover CHIP partisan solution, I am hopeful that we can do it if we all commit ourselves to funds to states more than once and I will get this resolved, and I urge all putting kids first and moving ahead to- am sure that the legislation has made parties to work toward a compromise gether. a significant difference in increasing as soon as possible. Mr. HATCH. Mr. President, as one of CHIP enrollment of uninsured, CHIP- What is at stake here? According to the original authors of the CHIP pro- eligible children. data from a Kaiser Commission on gram, I rise to share my strong support That is why I am advocating a dif- Medicaid and the Uninsured report for the Children’s Health Insurance ferent approach and placing a higher that was released on Monday, there Program, CHIP. Many are very worried priority on outreach to these uninsured were over 9.1 million children who were about unspent CHIP dollars for fiscal children. I strongly support the Presi- uninsured in our country in 2003. There year 2002 going back to the Treasury dent’s goal to have a broad outreach ef- have been important strides made in after today. I share those concerns. I fort through community-based entities reducing the number of uninsured chil- want that $1.1 billion to remain avail- such as hospitals, schools, Indian dren since the passage of SCHIP, as the able so it can be used to pay for health Health Service hospitals and clinics, number of uninsured has dropped from coverage for children. So does the tribes and tribal organizations, non- 9.4 million uninsured in 2000 to the 9.1 President. So do my colleagues in both profit community organizations, and million in 2003. The uninsured rate the Senate and the House of Represent- Federally-qualified health centers. I would have increased dramatically if atives. There is no disagreement on also support performance-based grants not for SCHIP. In fact, the uninsured that issue. Let me assure you that this for states that are successful in enroll- rate for adults during this same time- will be resolved. ing and covering children. These states Regardless of what happens on Octo- period increased from 30.2 million to should be rewarded for their successes ber 1, every State will receive its new 35.5 million. Regardless of the improvement in CHIP money for fiscal year 2005. Sim- in covering more children, instead of children’s health, the fact that over 9 ply put, all States will be given the facing higher state costs. While today marks the end of the fis- funds to cover their CHIP expenses million children remain uninsured is cal year, it does not mark the end of while Congress continues to work on absolutely unacceptable for a nation the CHIP program. It does not mean ways to use the unspent CHIP money such as ours. that the CHIP program is going to lose In fact, if every single child living in from fiscal year 2002. It is important to money. It does not mean that states the 21 States of Alaska, Arkansas, remember that Congress has the power are going to run out of CHIP funds to- Delaware, Hawaii, Idaho, Iowa, Kansas, to restore these unspent CHIP funds to states once the new fiscal year has morrow. We all agree that these funds Maine, Mississippi, Montana, Ne- begun. In fact, just last year, Congress should remain in the CHIP program— braska, Nevada, New Hampshire, New acted to restore unspent CHIP funds we just have different ideas on how Mexico, North Dakota, Rhode Island, from fiscal years 1998 and 1999 to states that money should be spent. Regard- South Dakota, Utah, Vermont, West several months after these funds went less, I am convinced that we will be Virginia, Wyoming, and the District of back to the Treasury. And, let me em- able to work together on a solution re- Columbia were uninsured, that would phasize, once again, the fiscal year 2002 garding this important issue. I urge all still be less than 9 million children. In CHIP funds are not needed by any of my colleagues to work to ensure other words, the number of children State for its 2005 CHIP program. No that all eligible children are covered without health insurance in our nation child is in danger of losing his or her under the Children’s Health Insurance exceeds the number of all children liv- CHIP coverage. Program. ing in 21 states and the District of Co- CHIP has been, for the most part, a Mr. BINGAMAN. Mr. President, I lumbia combined. great success. Today, there are 5.8 mil- come to the floor today to express my That is not something anybody in lion children enrolled in the CHIP pro- dismay that the administration and the administration or this chamber gram. We have made good progress in the Congress have failed to prevent al- should find acceptable. We should be providing health insurance to unin- most $1.1 billion in money that has doing everything in our power to, at sured children. We have had great suc- been previous allocated to the State the very least, preclude the loss of over cesses with the CHIP program since Children’s Health Insurance Program, $1 billion that could be used to reduce 1997, when it was first created. or SCHIP, from expiring. Families USA that uninsured rate. However, important issues con- points out that the loss of these funds In New Mexico, the loss of this cerning the program still must be ad- approximate the annual cost of pro- money is coupled with the loss of an dressed. I believe that the No. 1 issue is viding health coverage to almost expiring provision that is very impor- reaching out to CHIP-eligible children 750,000 children. That failure is unac- tant to our State and 10 others. The who currently are not covered by the ceptable for a nation such as ours. Center on Budget and Policy Priorities program. While many States have been However, I am pleased to report that estimates that New Mexico will lose at successful with their outreach efforts, both Finance Committee Chairman least $20 million over the next few that is not the case in all States. I am GRASSLEY and Senator BAUCUS are years in money for children’s health if particularly troubled by the difficul- moving quickly to pull together a bi- the administration and Congress fails ties faced by Native American chil- partisan group together to resolve this to act. dren. Outreach must be addressed by problem as soon as possible. Consid- Moreover, there was a very impor- Congress—my primary goal when we ering that the chairman is the author tant provision that was included in the were drafting the original CHIP legis- of important pieces of legislation, such last redistribution effort that allows lation in 1997 was to ensure that CHIP as the Family Opportunity Act, to im- the 11 States, including New Mexico, was available for all eligible children. prove the health of our Nation’s chil- Connecticut, Hawaii, Maryland, Min- My biggest concern with one ap- dren with special health care needs, it nesota, New Hampshire, Rhode Island, proach for spending the unspent fiscal should come as no surprise that he is Tennessee, Vermont, Washington, and S10182 CONGRESSIONAL RECORD — SENATE September 30, 2004 Wisconsin, to use up to 20 percent of al- and enrollment is both necessary to majority leader on providing outreach lotted and retained funds by our States reach a compromise and would also re- and enrollment funding for children’s on children who are enrolled in Med- sult in better health coverage for chil- health. icaid with income above 150 percent of dren. And finally, I am also hopeful that poverty. This provision was included to In fact, of the 9.1 million uninsured, the Senate will consider legislation by recognize that our 11 States had en- according to data from the Kaiser Com- Senator LUGAR and me that would acted health care expansions for chil- mission on Medicaid and the Unin- streamline enrollment of children in dren prior to the enactment of SCHIP sured, 6.8 million live in households either Medicaid or SCHIP. Just as we and were being effectively penalized fi- that have incomes below 200 percent of know that low-income senior citizens nancially for having done the right poverty, which is the level at which and the disabled enrolled in Medicare thing for children prior to 1997. The most States provide a combination of Savings Programs are clearly income reason is that children in the other 39 coverage for children through either eligible for the new Medicare prescrip- States are able to receive an enhanced their Medicaid or State Children’s tion drug card and its $600 annual sub- matching rate for children as low as 100 Health Insurance Programs. While sidy, I had introduced legislation with percent of poverty while children in some of these children would not be eli- Senator LINCOLN to auto-enroll those states such as Washington cannot re- gible for either Medicaid or SCHIP due Medicare beneficiaries into the drug ceive an enhanced matching rate until to their immigration status, it is clear card to get the $600 subsidy. a child lives in a family with income from a variety of studies that some- Dr. Mark McClellan, Administrator above 200 percent of poverty. where between 60 to 85 percent of unin- of the Centers for Medicare and Med- This important compromise, which sured children are eligible for but not icaid Services, or CMS, worked hard significantly reduces the inequity enrolled in either Medicaid or SCHIP. and has agreed that those beneficiaries among the States, was achieved in Princeton University’s publication should be presumed income-eligible large part due to the hard and dedi- entitled The Future of Children dedi- and sent the card for them to activate. cated work of Senators MURRAY, CANT- cated much of one issue to looking at Over 1 million low-income senior citi- WELL, JEFFORDS, LEAHY, CHAFEE, REED successful efforts to improve outreach zens and people with disabilities will now be getting access to the drug card of Rhode Island, DOMENICI, and FRIST. and enrollment. As one of its articles Unfortunately, that critically impor- notes, ‘‘Most important to reducing the subsidy that would not have otherwise tant provision will also effectively ex- uninsurance problem facing children is received those funds. pire tonight. This will have a detri- raising participation in Medicaid and The same type of mechanism should mental impact on the health and well- SCHIP, as 76 percent of uninsured chil- be applied to children’ health. The being of the children in these States, as dren are already eligible for coverage Children’s Partnership and the Kaiser this has been funding that our states under SCHIP and Medicaid, but are not Family Foundation recently released a report on what they call ‘‘Express Lane have counted on for the delivery of enrolled. A continued focus on simple Eligibility.’’ This concept is encom- children’s health services in both Med- and convenient enrollment and renewal passed in Senator LUGAR’s legislation icaid and SCHIP for fiscal year 2005. systems, as well as proactive outreach by employing ‘‘two common-sense In Secretary THOMPSON’s letter to and educational efforts, will be key to strategies to find and enroll these near- Senator GRASSLEY on Tuesday and the reaching these children. Special efforts ly seven million ‘eligible but unin- majority Leader’s letter to Senator will be needed to enroll Latino and sured’ children in health insurance cov- CHAFEE on September 24, 2004, they other minority children, children in both failed to recognize this issue. It is erage. . . .’’ immigrant families (families in which Those common-sense strategies are: for that reason I raise it here again in at least one member is an immigrant), No. 1, it targets large numbers of eligi- the Senate to remind my colleagues and adolescents. Children in these ble children where they can be found: and the administration that it is an groups are all over-represented in the in other public benefit programs like important issue to our 11 States, in- ranks of the eligible, but uninsured.’’ school lunch and food stamps. More cluding that of the Majority Leader, In New Mexico, we have our own spe- than 70 percent of low-income unin- and that, just as we must find a solu- cial program along the U.S.-Mexico sured children are already receiving tion to restoring the $1.1 billion in ex- border that has been funded by the Bu- other public assistance benefits of piring funding for SCHIP, we must also reau of Primary Health Care called some kind; and No. 2 it expedites chil- get this other issue resolved as soon as Border VISION Fornteriza. The pro- dren’s enrollment in health coverage possible. gram funds the recruitment and train- by using information already sub- I strongly urge the administration to ing of community health workers or mitted by parents when they enrolled reconsider its position that the $1.1 bil- promotoras that have over the years their children in other benefit pro- lion should be completely diverted successfully assisted in the enrollment grams. from health coverage to outreach and of thousands of children into health Again, I urge the Congress to also enrollment. If implemented as pro- coverage through Medicaid and SCHIP. closely look at this successful model to posed, it would result in over 20 per- The program was honored as a model improve enrollment of children into cent of SCHIP dollars in 2005 going to program by the U.S.-Mexico Border health insurance coverage. outreach and enrollment. While I am a Commission and it is precisely this I am terribly disappointed that the strong supporter of outreach and en- type of program that should be encour- expiring SCHIP funds were not re- rollment in SCHIP, this proposal is aged in whatever agreement is reached. tained in a timely manner, but am both extreme and excessive. In fact, it As a point of comparison, when Con- hopeful that under the leadership of should be noted that beginning in fiscal gress passed the Medicare prescription both Senators GRASSLEY and BAUCUS year 2002 that expenditures of federal drug bill last year, hundreds of mil- that we will quickly come to a resolu- SCHIP funds have begun to exceed fed- lions of dollars was dedicated to doing tion of this issue in which all the $1.1 eral SCHIP allotments. Therefore, outreach and enrollment to senior citi- billion in restored and retained for keeping as much funding in actual zens and people with disabilities about children’s health. Furthermore, I am health coverage is critically important the prescription drug cards and the hopeful that a portion of that funding to continue to reduce the number of pending drug coverage. In contrast, will be allocated to outreach and en- uninsured children in our nation. while States can spend some of their rollment of children and for stream- On the other hand, as the sponsor of administrative dollars in SCHIP on lining enrollment mechanisms into the legislation with the Congressional His- outreach and enrollment, there are no program. panic Caucus that authorizes the use of federal funds exclusively dedicated to Mr. SMITH. Mr. President, as we ap- $50 million of SCHIP funding for out- conduct outreach and enrollment ef- proach the end of the fiscal year, there reach and enrollment that was subse- forts in either Medicaid or SCHIP. are many important issues that require quently picked up by the majority That should change, and I hope my our attention. Not the least among leader in legislation he introduced, I colleagues will closely review the lan- them is the extension of $1.1 billion in firmly believe setting aside a limited guage introduced by me as part of S. unspent S-CHIP funding that will re- portion of the $1.1 billion for outreach 1159 and in S. 2091 introduced by the vert to the Treasury if Congress does September 30, 2004 CONGRESSIONAL RECORD — SENATE S10183 not take action. This is a vitally im- TO PROVIDE AN EXTENSION OF ability for Congress to pass important portant program to the State of Or- HIGHWAY, HIGHWAY SAFETY, legislation. And this case is no excep- egon, and to America’s children. We MOTOR CARRIER SAFETY, TRAN- tion. Over the last year, I have heard must take action to protect this fund- SIT, AND OTHER PROGRAMS the excuses from the legislative and executive branches of government, both ing. FUNDED OUT OF THE HIGHWAY TRUST FUND PENDING ENACT- Republicans and Democrats. Some The State Children’s Health Insur- MENT OF A LAW REAUTHOR- argue the transportation funding pro- ance Program, created in 1997, has al- IZING THE TRANSPORTATION EQ- posals being debated cost too much; ways had bi-partisan support. Shortly UITY ACT FOR THE 21ST CEN- others say they don’t provide enough after being elected to the United States TURY funding to States; still others say the formulas being used to distribute the Senate in 1996, I strongly supported the Mr. FRIST. I ask unanimous consent money are inherently flawed and do creation of this program. I knew that that the Senate now proceed to consid- not return as much of the Highway Congress had an opportunity to reach eration of H.R. 5183, which is at the Trust Fund proceeds as their State out to millions of low-income children desk. contributes. All of these excuses have The PRESIDING OFFICER. The and provide health care coverage. merit and need to be worked out to the Working with my colleagues and clerk will report the bill by title. satisfaction of lawmakers prior to en- The assistant legislative clerk read friends, including Senators ORRIN actment, but it is rational for a person as follows: HATCH and EDWARD KENNEDY, in the de- to believe, as I do, that given the high A bill (H.R. 5183) to provide an extension of velopment of the bipartisan proposal priority transportation funding plays highway, highway safety, motor carrier safe- in each and every State, Congress was a pleasure. ty, transit, and other programs funded out of should have reached a compromise by Since 1997, we have all continued to the Highway Trust Fund pending enactment of a law reauthorizing the Transportation now two years after work on this reau- work together, members from both Equity Act for the 21st Century. thorization initially began. sides of the aisle, to extend funding and As I travel throughout Utah, meeting There being no objection, the Senate with the good citizens of my home make improvements to the program. proceeded with the consideration of the State, the most frequently-requested This year should be no different. I bill. issue I am asked to address is the issue know it is an election year, a presi- f dential election year in fact, and that of transportation. Every week, Utahns remind me of the constant need we often creates a dynamic where politics TRANSPORTATION REAUTHORIZATION BILL have to maintain our roadways, in- can overwhelm policy. However, I am Mr. HATCH. Mr. President, today is a crease our transit capacity, and pro- hopeful that we can once again tri- vide alternative routes along main ar- disappointing day in the history of umph over partisanship and pass legis- teries in the cities. I certainly under- Congress. Exactly one year ago, Con- lation that will intervene and prevent stand why this issue is so important to gress missed the deadline for passing a my constituents. Over the last ten the expiration of $1.1 billion in unspent full transportation reauthorization bill years, Utah has seen a dramatic in- S-CHIP funding. I am confident that if that would fund the Federal portion of crease in the number of residents who both sides are reasonable and willing to highway, transit, and safety projects call ‘‘The Beehive State’’ home. In work together we can accomplish this around the country for the next six- fact, there are only three states in the goal by the time Congress recesses on years. The fact that we missed this United States who have had larger pro- October 8. self-imposed, legislative deadline will portional increases in their populations As we prepare to take action on a come as no surprise to those who fol- over the past ten years and all of them low progress on Capitol Hill, but it is bill, we need to consider that no one border the State of Utah. There is tre- deeply troubling. member or group of members have all mendous population growth all over Because of the unwillingness of sev- the West, underscoring the critical of the answers; that nobody has a mo- eral of my colleagues, Congress is once nopoly on protecting America’s chil- need we have for a steady increase in again forced to use a temporary exten- transportation funding right now. dren. We all work every day to protect sion of last year’s funding as an inad- The State of Utah receives over $200 our Nation’s children and ensure that equate short-term fix to a very real million per year in highway funding those who come from low-income fami- problem. This is an unacceptable out- which goes toward the planning and lies receive the nutritional, housing, come and I hope my colleagues will execution of highway expansion education and health care assistance agree we need to pass a fully-funded 6- projects. Under the Senate-proposed that they need. This time should be no year bill immediately. version of this bill, that number would Just as national defense and judicial different. go to nearly $300 million per year. That review are core functions performed by increase goes a long way, not all the I look forward to working with Sen- the United States Government to en- way, but a long way toward making ators HATCH and KENNEDY, the creators sure security and fairness for all citi- several important transportation of this remarkable program; President zens, transportation infrastructure projects a reality. Projects that other- Bush, a strong advocate for our na- funding is one of the primary respon- wise might not come to fruition with- tion’s children; Leader FRIST, Chair- sibilities of the Federal Government. out a federal commitment. man GRASSLEY and others to extend Adequate transportation infrastructure In stating the amount of funding funding for this important program. that is safe and affordable helps facili- Utah receives, I do not want to give the tate intrastate and interstate trade impression that this Federal funding Mr. FRIST. I ask unanimous consent and provides the physical backbone of comes to States without them having that the bill be read a third time and our economy. This is certainly a bur- to do their part. All of the Federal passed, the motion to reconsider be den that the Federal Government needs funds in this bill have a State match- laid upon the table, and any state- to bear on behalf of its citizens. While ing component as well. States spend ments relating to the bill be printed in it was extremely disappointing that millions, even billions, of State dollars the RECORD. Congress allowed the September 30, on transportation every year. Demand 2003 deadline to pass without a resolu- for more and better transportation al- The PRESIDING OFFICER. Without tion to this problem, it is simply inex- ternatives in the State of Utah have objection, it is so ordered. cusable for us to have not successfully become so severe that State lawmakers The bill (H.R. 5149) was read the third addressed this critical need for over a are now seriously considering raising time and passed. year. I ask my colleagues to commit to the State fuel tax in order to pay for coming together before this year’s end their portion of these projects. Al- to pass a six-year reauthorization bill. though I hate to see any tax increases, I am not naive, I understand that I applaud the efforts of local law- there are always reasons behind the in- makers to deal with our transportation S10184 CONGRESSIONAL RECORD — SENATE September 30, 2004 problems with real solutions and ade- and secure their funding. This leaves man INHOFE have been extraordinary. quate funding. transit projects in an eternal holding He has worked tirelessly to find com- The Utah Department of Transpor- pattern, waiting for someone to compromise with leaders who appear tation—UDOT—has several aggressive mit to their future. This is unaccept- unyielding in their particular criti- highway projects around the State able and a terrible way to address the cisms of the bill. He has shown his will- which have been planned for years, ever growing commuting needs of citi- ingness to compromise on his own bill budgeted in the State’s annual budg- zens. and work with others. I know he does eting process, and now only require a One aspect of this bill that is ex- not want to pass a bill with lower fund- federal commitment to help them pro- tremely important to citizens around ing amounts than the Senate bill, but ceed. I refer to projects like the ongo- the State of Utah is the fact that much despite that belief, I applaud him for ing reconstruction of I–15 which con- of the funding for transportation safety his willingness to compromise and nects some of the most populous por- and bike path projects comes from Fed- work toward a productive solution. tions of the State from North to South. eral sources. The State of Utah com- As Chairman INHOFE, I have indi- New I–15 interchanges in Ogden, bines several million dollars a year cated my willingness to compromise on Layton, and Provo are desperately with the Federal money provided by many points in order to get a bill mov- needed to catch up with the large this bill to build safer crosswalks, ing. I have made calls to colleagues, I growth these cities are experiencing. walking bridges, bike paths, and rail- have asked those who have indicated Also, highway projects in Emery Coun- road crossings throughout the State. their unwillingness to move to please ty on US–6, a railroad replacement These projects save lives and make enjoin the effort and move a bill forward. bridge on US–89 in Pleasant Grove, joying the outdoors a safer activity. I have done my part for the citizens of widening of State road 92 in Lehi, and Without a Federal commitment to Utah and will continue to do all I can. the building of the Northern Corridor safety and outdoor recreation, these More contentious bills than this get in St. George are all projects which projects would certainly be lost in the negotiated and passed by both houses suffer terrible setbacks each time Con- difficult budgetary times States are every year. I know money is tight right gress cannot come together and pass a facing. now. I know we would all like to see transportation reauthorization bill. This past February, when the Senate the funding formulas be more favorable And there are many, many more Finance Committee was considering for our home States. I know each of us projects throughout the State I don’t the ‘‘pay for’’ sections of this bill, we would like to have more funding for have time to name here, but that are faced a daunting task. How do you pro- our home States than we currently do. equally as important. vide a substantial increase in transpor- But I call on each of my colleagues on On the transit side, with the recent tation funding in the face of shrinking both sides of the aisle to please put addition of light rail and rapid bus fuel tax revenues, without raising down your arguments and get back to service to several sections of downtown taxes or increasing the deficit? This is the negotiating table and finish the Salt Lake City, the citizens of Utah a difficult question and one the mem- transportation reauthorization bill be- have grown to rely heavily on transit bers of the Finance Committee had to fore year’s end. Time is short and I reas a primary means of transportation. deal with in very short order. However, alize we must pass a temporary exten- The Utah Transit Authority—UTA— to Senator GRASSLEY’s credit, we found sion bill in order to keep some Federal has aggressive plans for projects in the a way to provide the substantial in- highway funds flowing. However, I en- pipeline that will greatly benefit the crease. It was not easy. There were a courage my colleagues to take advan- entire population of Utah. The recent lot of tough decisions we had to make. tage of the remaining days left in the announcement of the Utah Regional Many ingenious methods were used to 108th Congress and come together to Commuter Rail project, which would increase revenues coming into the pass one of the most important bills bring rapid commuter rail service from Highway Trust Fund, like cracking before Congress this year. Successful as far away as Ogden all the way down down on fraud and covering the cost of passage of the transportation reauthor- to Provo, is encouraging and has many fuel tax credits currently in the tax ization bill will have positive, long- residents excited for the future of tran- code. But when all was said and done, lasting effects on each and every State sit service around the state. As well, we did it. We provided a 20 percent in- and I implore my colleagues not to let the expansions of the light rail lines crease to transportation funding and this opportunity pass. from downtown Salt Lake to the air- we didn’t raise fuel taxes or create a Frankly, I am disappointed that we port and South Jordan are highly sup- large deficit that future generations have failed to produce a six-year transported by commuters. will have to pay off. Was it a sustain- portation reauthorization bill which UTA receives $70 million to $80 mil- able fix that we will be able to deploy fully funds the highway, transit, and lion per year from Federal transit every six-years to keep the highway safety programs for our States. As I funding projects which not only pro- trust fund afloat? No, only a fuel tax mentioned earlier, the temporary ex- vide financing for large portions of the increase or a large upswing in the de- tensions we have been using do not light rail and commuter rail projects, mand for fuel will do that. But, was it adequately address the transportation but also provide statewide bus service a good six-year fix for a difficult prob- needs or our citizens. Temporary ex- and improvements to a majority of the lem that was already months overdue? tensions frustrate the planning of these State’s population. Intermodal hubs, Yes, I believe it was a good short-term large projects, significantly delay the intelligent transportation systems, and fix. In short, the bill was paid for. delivery, and make it impossible for other advances have forever improved As I stated before, the work to reau- States to raise the money necessary to the ease and convenience of com- thorize Federal transportation funding fund their portions of the projects. muting in the State of Utah and these began some two-years ago when aides Capital markets turn a deaf ear to programs depend heavily on the trans- met to discuss the general structure of project specific financing when there is portation reauthorization bill stalled a bill. I cannot believe that the State no long-term Federal commitment. in Congress. Extensions of current law, of Utah is the only State which de- Only we can rectify this problem and I which have been going on for over a pends heavily on Federal transpor- know we will find the solution. Let’s do year now, get us nowhere closer to tation funding to keep up with the de- it sooner rather than later. Let’s not funding these important projects. The mands of maintaining an adequate in- wait for this problem to get even more size and scope of these projects are so frastructure. out of hand. Let’s do the right thing large that they require a long term Therefore, it simply puzzles me as to and come together with an adequately commitment from the Federal Transit why we have not been able to negotiate funded compromise. I pledge my efforts Administration—FTA—in order to get an acceptable bill in a two-year period. in this cause and hope my colleagues started. However, in the absence of As a conferee appointed to negotiate a will do the same. congressional approval of a full six- final bill, I can tell you first hand, that Mr. SARBANES. Mr. President, the year bill, the FTA is unable to make some Congressional leaders have tried Transportation Equity Act for the 21st the long-term commitments required very hard to come to agreement on the Century, which authorized the Federal for local transit authorities to go out specifics of a bill. The efforts of Chair- highway, transit, and safety programs, September 30, 2004 CONGRESSIONAL RECORD — SENATE S10185 expired 1 year ago today. Although move forward in the conference proc- The legislative clerk read as follows: both the Senate and the House have ess. A bill (S. 2866) to amend the Farm Security passed comprehensive, multiyear legis- Until that process is completed, it is and Rural Investment Act of 2002 to clarify lation to reauthorize those programs, a essential that our States and local the authority of the Secretary of Agriculture conference agreement still has not communities be able to continue to op- and the Commodity Credit Corporation to been worked out. As a result, today the erate and maintain our Nation’s roads, enter into memorandums of understanding with a State regarding the collection of ap- Senate is passing an 8-month exten- bridges, and transit systems. The legis- proved State commodity assessments on be- sion, the sixth short-term extension lation considered by the Senate today half of the State from the proceeds of mar- since TEA–21 expired. The inherent un- would allow Federal assistance to con- keting assistance loans. certainty of short-term extensions has tinue through May 31, 2005, and pro- Mr. INHOFE. In order to place the made it difficult for State and local vides that once a multiyear reauthor- bill on the calendar under the provi- governments and transit agencies to ization bill is completed, the budgetary sions of rule XIV, I object to further make decisions regarding construction, firewalls protecting highway and tran- proceedings. maintenance, and operations. sit spending will be extended around The PRESIDING OFFICER. The ob- I want to speak for a moment about the total amounts authorized for fiscal jection having been heard, the bill will the transit program, which falls under year 2005 in that multiyear bill. I hope be placed on the calendar. the jurisdiction of the Senate Banking that in the next 8 months the Adminis- f Committee. In the Banking Commit- tration will work cooperatively with tee’s reauthorization hearings, we the Congress to produce a comprehen- AMENDMENT TO SAFE DRINKING heard extensive testimony on the crit- sive reauthorization bill that will pro- WATER ACT ical role of transit in reducing conges- vide the needed resources to address Mr. INHOFE. Mr. President, I ask tion, strengthening our national econ- the Nation’s urgent transportation unanimous consent that the Senate omy, and improving our quality of life. needs. proceed to the immediate consider- Transit ridership is at record levels, a Mr. FRIST. I ask unanimous consent ation of Calendar No. 502, H.R. 2771. testament to Americans’ growing need that the bill be read a third time and The PRESIDING OFFICER. The for safe, reliable transportation passed, the motion to reconsider be clerk will report the bill by title. choices. The same can be said for the laid upon the table, and any state- The legislative clerk read as follows: other modes as well: demand is increas- ments be printed in the RECORD. A bill (H.R. 2771) to amend the Safe Drink- ing along our entire transportation Mr. REID. Mr. President, this could ing Water Act to reauthorize the New York network. not have been done without Senator City Watershed Protection Program. Increased investment is essential if BYRD and Senator STEVENS. I have no There being no objection, the Senate we are to keep up with this demand. objection. proceeded to consider the bill. The U.S. Department of Transpor- The PRESIDING OFFICER. Without Mr. INHOFE. I ask unanimous con- tation has estimated that an average of objection, it is so ordered. sent that the bill be read the third $127 billion per year is needed over the The bill (H.R. 5183) was read the third time and passed; that the motion to re- next two decades to maintain and im- time and passed. consider be laid upon the table; and that any statements relating thereto prove the condition of our highways, f bridges, and transit systems. Other es- be printed in the RECORD, without fur- MEASURES READ THE FIRST timates show an even greater need. I ther intervening or action or debate. TIME—H.R. 4596 AND H.R. 4606 The PRESIDING OFFICER. Without believe that failure to make the needed objection, it is so ordered. investment will result in the continued Mr. INHOFE. Mr. President, I under- The bill (H.R. 2771) was read the third deterioration of our existing infra- stand there are two bills at the desk, time and passed. structure, threatening our future mo- and I ask for their first reading, en bility and economic strength. Such in- bloc. f vestment would also have a positive The PRESIDING OFFICER. The LIMITATIONS AND EXTENSION impact in the near term: according to clerk will report the bills by title. FOR CERTAIN COASTAL WET- the U.S. Chamber of Commerce, each $1 The legislative clerk read as follows: LAND CONSERVATION PROJECTS billion invested in transportation in- A bill (H.R. 4596) to amend Public Law 97– 435 to extend the authorization for the Sec- Mr. INHOFE. Mr. President, I ask frastructure creates 47,500 jobs. retary of the Interior to release certain con- unanimous consent that the Senate In an effort to begin addressing these ditions contained in a patent concerning cer- proceed to the immediate consider- needs, the Banking Committee passed a tain land conveyed by the United States to ation of Calendar No. 670, S. 2495. reauthorization of the Federal transit the Eastern Washington University until De- The PRESIDING OFFICER. The program in February of this year. That cember 31, 2009. clerk will report the bill by title. bill authorized $56.5 billion over 6 years A bill (H.R. 4606) to authorize the Sec- The legislative clerk read as follows: retary of the Interior, acting through the for transit, a substantial increase over A bill (S. 2495) to strike limitations on Bureau of Reclamation and in coordination TEA–21. As a result of Banking Com- funding and extend the period of authoriza- with other Federal, State, and local govern- mittee Chairman SHELBY’s leadership tion for certain coastal wetland conservation ment agencies, to participate in the funding projects. in developing that piece of legislation, and implementation of a balanced, long-term the Federal Public Transportation Act groundwater remediation program in Cali- There being no objection, the Senate of 2004 was reported out of the Banking fornia, and for other purposes. proceeded to consider the bill. Committee unanimously. The Banking Mr. INHOFE. Mr. President, I ask for Mr. INHOFE. I ask unanimous con- Committee bill was incorporated into its second reading and, in order to sent that the bill be read a third time S. 1072, the Safe, Accountable, Flexible, place the bills on the calendar under and passed; the motion to reconsider be and Efficient Transportation Equity the provisions of rule XIV, I object to laid upon the table; and that any state- Act, a 6-year multimodal reauthoriza- my own request, en bloc. ments relating to the bill be printed in tion bill, which passed through the The PRESIDING OFFICER. The bills the RECORD. Senate with overwhelming bipartisan will have their second reading on the The PRESIDING OFFICER. Without support. next legislative day. objection, it is so ordered. Notwithstanding the passage in both The bill (S. 2495) was read the third f the Senate and the House of reauthor- time and passed, as follows: ization bills calling for substantially MEASURE PLACED ON THE S. 2495 increased investment, the administra- CALENDAR—S. 2866 Be it enacted by the Senate and House of Rep- tion has not been willing to support Mr. INHOFE. Mr. President, I under- resentatives of the United States of America in the kind of investment needed to meet stand that there is a bill at the desk Congress assembled, SECTION 1. COASTAL WETLAND CONSERVATION our pressing transit and highway and due for its second reading. PROJECT FUNDING. needs. Without a serious commitment The PRESIDING OFFICER. The (a) FUNDING.—Section 306 of the Coastal from the administration to make such clerk will read the bill by title for the Wetlands Planning, Protection, and Restora- investments, it has been impossible to second time. tion Act (16 U.S.C. 3955) is amended— S10186 CONGRESSIONAL RECORD — SENATE September 30, 2004 (1) in subsection (a), by striking ‘‘, not to have successfully crafted a bipartisan according to several Federal agencies, exceed $70,000,000,’’; and bicameral bill that we are all an individual with a disability may be (2) in subsection (b), by striking ‘‘, not to proud of. This bill follows the adminis- considered eligible for, and could ben- exceed $15,000,000’’; and tration’s lead, and the goals that Presi- efit from, more than 20 Federal pro- (3) in subsection (c), by striking ‘‘, not to exceed $15,000,000,’’. dent Bush set forth in the New Free- grams that directly or indirectly pro- (b) PERIOD OF AUTHORIZATION.—Section 4(a) dom Initiative. We are confident that vide assistive technology. Addition- of the Dingell-Johnson Sport Fish Restora- the bill will be overwhelmingly sup- ally, there are over 25 Federal laws on tion Act (16 U.S.C. 777c(a)) is amended in the ported by the President and increase the financing of assistive technology, second sentence by striking ‘‘2009’’ and in- access to assistive technologies for all of which impacts local access to serting ‘‘2019’’. thousands of individuals with disabil- such technology. f ities. I am also submitting several let- Considering the number of Federal ters of support for the bill, from var- and State laws that a person has to AMENDING FISH AND WILDLIFE ious groups, for the RECORD navigate in order to access services, ACT OF 1956 . On February 1, 2001, President Bush how long will it take for systems Mr. INHOFE. Mr. President, I ask announced the New Freedom Initia- change efforts to remove barriers for unanimous consent that the Senate tive—a comprehensive program to pro- accessing assistive technologies for a proceed to the immediate consider- mote the full participation of people person with a disability living in Lin- ation of Calendar No. 673, H.R. 2408. with disabilities in all areas of society coln, NH? Systems change efforts, The PRESIDING OFFICER. The by expanding education and employ- while worthwhile, do not immediately clerk will report the bill by title. ment opportunities, promoting in- impact and help a person with a dis- The legislative clerk read as follows: creased access into daily community ability obtain assistive technology A bill (H.R. 2408) to amend the Fish and life, and increasing access to assistive that he or she may need today. There- Wildlife Act of 1956 to reauthorize volunteer and universally designed technologies. fore, this bill modifies the current list programs and community partnerships for By the Senate finally naming conferees of authorized activities by expanding national wildlife refuges, and for other pur- for the Individuals with Disabilities the authority of the State Assistive poses. Education Act earlier this month, and Technology Act projects to increase There being no objection, the Senate by seeking passage of the Assistive the ability of persons with disabilities proceeded to consider the bill. Technology Act of 2004 today, we are to experience or obtain assistive tech- Mr. INHOFE. I ask unanimous con- helping the President fulfill America’s nology. Our bill provides the State sent that the bill be read a third time promise of ‘‘tearing down the barriers projects with a tangible set of activi- and passed; the motion to reconsider be to equality that face many of the 54 ties, yet at the same time provides laid upon the table; and that any state- million Americans with disabilities.’’ State flexibility to address emerging ments relating to the bill be printed in One quarter of the President’s New State needs. the RECORD. Freedom Initiative focuses on tech- Under this bill, States will provide The PRESIDING OFFICER. Without nology, and the technology objective is citizens with access to device loan, re- objection, it is so ordered. comprised of two key components. utilization, and financing programs, The bill (H.R. 2408) was read the third The first is to expand Federal invest- and equipment demonstration centers time and passed. ment in assistive technology research by developing such programs, or col- f and development by increasing the laborating with other entities in the budgets of the Rehabilitative Engineer- State currently operating such pro- IMPROVING ACCESS TO ASSISTIVE ing Research Centers’ for assistive grams. In public forums that were held TECHNOLOGY FOR INDIVIDUALS technologies, creating a new fund to with the disability community, we con- WITH DISABILITIES ACT OF 2004 help bring assistive technologies to sistently heard about the abandonment Mr. INHOFE. Mr. President, I ask market, and better coordinate the Fed- of equipment by persons with disabil- unanimous consent that the HELP eral effort in prioritizing immediate ities simply because the purchaser did Committee be discharged from further assistive and universally designed tech- not have an opportunity to try it out consideration of H.R. 4278, the assistive nology needs in the disability commu- or see it demonstrated prior to pur- technology bill, and the Senate proceed nity. chasing the devise. The purpose of de- to its immediate consideration. The second is to enhance access to vice loan and reutilization programs, The PRESIDING OFFICER. Without assistive technology by reducing costs and equipment demonstration centers objection, it is so ordered. The clerk associated with purchasing assistive is to provide individuals with disabil- will report the bill by title. technology and funding for low-inter- ities the opportunity to receive proper The legislative clerk read as follows: est loan programs to purchase assistive assessments and evaluations for assist- A bill (H.R. 4278) to amend the Assistive technologies. ive technology, test and obtain infor- Technology Act of 1998 to support programs The Assistive Technology Act of 2004 mation about various devices, and bor- of grants to States to address the assistive before us today is designed to strength- row devices and equipment before it is technology needs of individuals with disabil- en and build upon these two compo- purchased. The financing programs ities, and for other purposes. nents. Our efforts focus on enhancing provide access to low interest loans al- There being no objection, the Senate access to technology, reducing the lowing an individual to purchase the proceeded to consider the bill. costs associated with purchasing such device for him or herself or a family Mr. GREGG. Mr. President, today, I devices, and increasing technical as- member, without having to wait for, join my colleague, the Senator from sistance to entities that serve students rely on, or navigate through the red Iowa, Mr. HARKINS, and other Members, with disabilities that receive transition tape created by our bureaucratic Gov- in seeking final passage of the Assist- services, adults with disabilities main- ernment systems. Each of these new re- ive Technology Act of 2004. taining or transitioning to community quirements will help make the most of Senator HARKIN and I were deter- living and to employers. Specifically, limited public resources in an environ- mined to make the reauthorization of we accomplish these goals by: reducing ment that emphasizes consumer choice this piece of legislation a bipartisan bureaucracy; fostering private/public in and control of assistive technology process from the beginning. We have sector relationships; and coordinating services and funding. worked closely with the House of Rep- Federal initiatives. Another major theme of this reau- resentatives, Departments of Edu- Current law focuses on system thorization is the reduction of costs as- cation, Labor, and Commerce, and the change activities, and providing infor- sociated with assistive technologies Small Business Administration as well mation and referral services to people and to enhance research and develop- as the, business, and research and de- with disabilities and their families. ment opportunities in this area. In De- velopment communities, the Assistive Systems change efforts and informa- cember of 2003, we began meeting with Technology Act Projects, the Alter- tion and referral services are impor- individuals within the disability com- native Financing Programs, and the tant, as people are being born with or munity, the State Assistive Tech- disability community. Together we acquiring disabilities daily. However, nology Act projects, large and small September 30, 2004 CONGRESSIONAL RECORD — SENATE S10187 technology companies, trade associa- cially available assistive technologies assistance that meets the needs of tions, and research, development and that are quick to reach the consumer aging workers that are acquiring dis- marketing entities to learn about costs market and easier for individuals with abilities and who may need assistive associated with developing assistive disabilities to learn to use, customize, technology to maintain their current technology, and what could be done fix or update. The second is to encour- level of productivity. within this reauthorization to assist age the development of innovative and In developing this bill, we have with this issue. We learned that many efficient technical practices and strate- learned from the progressive thinking companies, most of which are small gies for assistive technology products of the President and the resourceful- businesses, that produce assistive tech- so that they will more reliably interact ness of our Federal agencies and have nologies develop products that benefit with the latest and future mainstream taken measures to complement their people that have a specific disability, information technology, telecommuni- actions. During the Bush administra- or a low incidence disability, such as a cations products, and other assistive tion, funding for special education has visual impairment, a hearing loss, or a technology such as computer software increased by more than $3.7 billion for significant cognitive impairment. Be- and hardware. the Part B State Grants program. In cause of the limited number of people The final major theme of this reau- fiscal year 2004, nearly $10.1 billion is that can benefit from these valuable thorization is providing technical as- available for this program, which rep- and life-altering devices, the cost of sistance to entities that serve students resents an increase of 59 percent since the product remains high. Further- with disabilities that receive transition 2001. Additionally, the Senate version of the Individuals with Disabilities more, the costs associated with cre- services, adults with disabilities main- Education Act promotes the involve- ating a device are high. On the other taining or transitioning to community ment of the State vocational rehabili- side, prices for such devices are so ex- living, and to employers. We do not tation system with students with dis- pensive that people that need them want, nor expect States to duplicate programs by creating additional finan- abilities while still in secondary cannot afford to buy them, and often school. Title IV of the Workforce In- go without, therefore creating a vi- cial loan, equipment loan, reutilization programs and demonstration centers vestment Act, the ‘‘Rehabilitation cious cycle. Act,’’ which passed the Senate in No- We also learned that numerous com- for these populations. That would be a vember of last year contains similar panies have product ideas that are ‘‘on foolish use of federal dollars and would be in violation of a duplication clause conforming language. the drawing board,’’ but the company In 1999, the Supreme Court handed in the bill. Our intent is for the State does not have the funds necessary to down the Olmstead decision, which af- assistive technology projects to inform develop products and send them to firmed the right of individuals with these specific groups about the bene- market in a timely fashion. Addition- disabilities to live in the community, ally, we learned that industry has not ficial aspects of assistive technology. rather than in institutions. However, it The bill accomplishes this task by created their own standards to which was not until President Bush was strengthening relationships between assistive technology should be de- sworn into office that that decision federally funded programs, such as the signed. As an example, companies cre- was implemented on the Federal level. ate products that have their own oper- Assistive Technology Act projects, and President Bush realized that making ating systems and/or ports. This is a private-sector employers by directing the promise of full integration a re- benefit for the proprietor, as no one the Office of Special Education and Re- ality for people with disabilities does else knows exactly what is in the oper- habilitation Services at the Depart- not only mean changing existing prac- ating system code, no one else can ment of Education to make a grant tices that favor institutionalization modify it, and people have to purchase available to for-profit and nonprofit over community-based treatment. It the proprietors cord or other item to entities to enhance public/private part- also means providing the affordable go with the device. The downside is nerships. This grant opportunity sup- housing, transportation, and access to that an individual with multiple pieces ports the development of public service assistive technology and State and of technology cannot be assured that announcements, which can be modified local government programs and activi- the various products he or she has can for regional use, to reach out to small ties that make community life pos- or will work together. Using a Braille businesses, the aging population, and sible. On July 18, 2001, President Bush Notetaker, for example, the notetaker people with disabilities about the bene- issued Executive Order 13217, requiring does not use standard software, and fits of assistive technology. coordination among numerous Federal therefore cannot be connected to a On July 23 of this year, the U.S. Ac- agencies that administer programs af- computer using an ordinary, over-the- cess Board issued its first comprehen- fecting access to the community for counter cable. Instead, the user must sive revision of the Americans with people with disabilities of all ages. buy the cord separately or purchase ad- Disabilities Act Accessibility Guide- The Executive Order has prompted ditional software, often leaving people lines, ADAAG, since publishing the various branches of the Federal Gov- unable to work using versions of soft- original ADAAG in 1991. Among other ernment to make disability issues a ware that their colleagues use; all of things, the new ADAAG contains priority. In the fiscal year 2001 Depart- which increases the number of dollars changes to the requirements for em- ment of Labor appropriation, Congress the consumer must spend in order to ployee work areas that will affect approved an Office of Disability Em- function in today’s society. many employers once these require- ployment Policy, ODEP, to be headed To address these concerns, the bill ments are issued as regulations by the by an Assistant Secretary. ODEP’s strengthens relationships between fed- Department of Justice. Many employ- mission is to provide leadership to in- erally funded programs, the disability ers are not aware of the extent to crease employment opportunities for community, private-sector employers, which the Americans with Disabilities adults and youth with disabilities. The and assistive technology vendors and Act may require them to make their Secretary of Health and Human Serv- researchers. It encourages market- workplaces accessible. The newly ices created the Office of Disability in based solutions and approaches to de- issued ADA Accessibility Guidelines October 2002. The Director of the Office veloping standards and increasing the have toughened these requirements, reports to the Secretary and serves as number of products and the speed in making it more important than ever an advisor on HHS activities relating which products go to market. This will, for employers to know what their obli- to disabilities. The Office on Disability in-turn, make assistive technologies gations are, and to plan accordingly. oversees the implementation and co- more affordable. The bill authorizes This bill aggressively engages busi- ordination of disability programs, poli- the Office of Special Education and Re- nesses, especially small businesses, by cies and special initiatives for 54 mil- habilitation Services at the Depart- providing them with greater access to lion persons with disabilities. In July ment of Education to make grants technical assistance and technology so of 2003, the Department of Commerce available to for-profit and nonprofit that they can accommodate employees unveiled an initiative to support the entities resulting in two specific re- with disabilities and adhere to ADAAG. development of assistive technologies sults. The first grant promotes the de- Additionally, we place an emphasis on and to promote the U.S. assistive tech- velopment of new or improved commer- the State projects to provide technical nology industry. S10188 CONGRESSIONAL RECORD — SENATE September 30, 2004 Moreover, in December of 2003, lead- with disabilities. To ensure that the Labor: W. Roy Grizzard, Jr., Ed.D., As- ers from the Department of Labor, Federal commitment to independent sistant Secretary of the Office for Dis- DOL, and the Small Business Adminis- living and the full participation of inability Employment Policy at the De- tration, SBA, signed a Strategic Alli- dividuals with disabilities in society partment of Labor, his chief of staff, J. ance Memo. This document formalized guaranteed through the President’s Kim Cook, Brian Parsons, supervisory an agreement between the two entities New Freedom Initiative is upheld, the policy advisor, and Blake Hanlon, Of- to implement a coordinated, inter- bill removes the sunset provision in the fice of Congressional and Intergovern- agency initiative to improve opportu- 1998 Act, therefore creating a typical mental Affairs. Finally, I thank the nities for people with disabilities to be reauthorization cycle. The bill also fine team at the Small Business Ad- employed by small businesses, for peo- sets a minimum State allotment of ministration: Porter Montgomery, as- ple acquiring disabilities due to the $410,000 per year in order to offset the sociate administrator for policy and aging process and wanting to maintain costs for the additional requirements planning, Geoff Green, senior analyst, employment, or for people with disabil- placed on States to maintain the com- and Michael Berkholtz, assistant ad- ities to become small business owners. prehensive Statewide programs of tech- ministrator for congressional affairs. Finally, a little over 6 weeks ago, the nology-related assistance for individ- Finally, I thank the State Assistive Rehabilitation Services Administra- uals with disabilities of all ages. How- Technology Act projects, and espe- tion at the Department of Education ever, Congress expects States to take cially the New Hampshire Technology hosted a National Employment Con- ownership of and expand upon the com- Partnership Project, for providing us ference. The conference focused on prehensive Statewide programs of tech- with information as we developed this State vocational rehabilitation staff nology-related assistance. bill. Additionally, I thank the research creating and maintaining employer de- I thank Senator HARKIN, and his and development industry, businesses velopment, business relations, large- staff, particularly Mary Giliberti, for and employers, service providers, and scale job placement, and developing of their hard work and dedication in put- the various and multiple members of vocational rehabilitation’s national ting together a bipartisan bill that will the disability community that worked network that provides qualified job assist thousands of individuals with tirelessly, helping us develop an excel- candidates and employment services to disabilities access services and devices lent piece of legislation. business. that they so desperately need. Next, I Mr. President, I look forward to the Individuals with disabilities were not would also like to thank my staff, final passage of this bill. a priority in a Presidential administra- Denzel McGuire and Aaron Bishop, for I ask unanimous consent letters of tion’s domestic policy goals and ob- their hard work in helping put together support for the bill be printed in the jects since 1993. This changed when a bipartisan and bicameral bill. I also RECORD. President Bush became President of thank Senators ROBERTS, DEWINE, There being no objection, the mate- the United States in 2001, and he signed WARNER, ENSIGN, ENZI, KENNEDY, REED, rial was ordered to be printed in the the Olmstead Executive Order and an- MCCAIN, and SPECTER, and their staff RECORD, as follows: nounced the New Freedom Initiative. members, Jennifer Swenson, Mary SEPTEMBER 30, 2004. Beth Luna, John Robinson, Lindsay The current administration recognizes Hon. JUDD GREGG, and believes in the full participation of Lovlien, Scott Fleming, Michelle Dirst, Chairman, Senate Committee on Health, Edu- people with disabilities in all areas of Connie Garner, Kent Mitchell, Elyse cation, Labor and Pensions, Dirksen Senate society. This belief has been put into Wasch, Seth Gerson, Ken Lasala, Mark Office Building, Washington, DC. action in numerous ways that I have Laisch, and Jennifer Castagna for their DEAR CHAIRMAN GREGG: On behalf of Micro- previously explained. Through this bill, tireless effort through this bipartisan soft Corporation, I am writing in strong sup- Congress is continuing and enhancing process. Next, I would like to thank port of legislation at the desk, H.R. 4278, which would reauthorize the Assistive Tech- Congressmen BOEHNER, and KILDEE, the administration’s efforts by increas- nology (AT) Act of 1998. The bill would pro- ing access to assistive and universally and their respective staff, David Cleary vide critical federal funding for state grant designed technologies, expanding edu- and Alex Nock for their willingness programs that increase access to assistive cational and employment opportuni- ability to negotiate a bipartisan and and accessible technology and related serv- ties, promoting increased access into bicameral bill that will affect the lives ices. The AT Act expires today and without daily community life, and helping of thousands of individuals with dis- enactment of the reauthorization bill, access members of this misunderstood and un- abilities. to assistive technology for Americans with derutilized group of citizens achieve Additionally, I thank the various en- disabilities could be severely compromised. Attached is an op-ed piece that appeared in and succeed. tities that provided Senate staff with invaluable technical assistance. This The Hill on July 6, 2004 that discusses the Although this reauthorization fo- importance of the reauthorization legisla- cuses on three major objectives, the includes: Liz King, assistant council tion. We urge Congress to act today. bill takes an important step forward by for the Senate’s Office of Legislative Sincerely, establishing a grant to the American Counsel for working with our staff and LAURA RUBY, Indian Consortium for a Protection and drafting this legislation, and the re- Regulatory & Industry Affairs, Advocacy for Assistive Technology pro- search of Sidath Panangala, policy an- Microsoft—Accessible Technology Group. gram, PAAT. The Native American alyst for Congressional Record Service. Attachment. Protection & Advocacy Project was es- I also thank members of various Fed- GIVE AMERICA’S DISABLED THE TECHNOLOGY tablished in 1994 to carry out protec- eral Departments that were instru- THEY NEED tion and advocacy system programs. mental in providing us technical assist- (By Laura Ruby) The Consortium encompasses 25,351 ance while putting this bill together. Will America keep its promise to provide square miles in Arizona, New Mexico, From the Department of Education: equal access to information, education and and Utah and it provides legal rep- Dr. Troy Justesen, the Assistant Sec- employment to millions of people with dis- resentation to Native Americans with retary of the Office of Special Edu- abilities? If so, then Congress must act cation and Rehabilitative Services, quickly to reauthorize the Assistive Tech- disabilities and serves the Navajo Na- nology (AT) Act, which provides federal tion, the Hopi Nation and five smaller OSERS, at the Department of Edu- funding for state grant programs that in- tribes. We were pleased to make some cation, and Carol Cichoswski, and crease access to assistive and accessible modifications to the PAAT program as Wava Gregory staff of the Budget Of- technology and related services. it is a major force in ensuring that fice, and Eric Shulz in Office of Legis- Ensuring accessibility for people with dis- children and adults with disabilities lation and Congressional Affairs. From abilities is not just a matter of curb cuts, can get access to critically needed as- the Department of Commerce: Phillip ramps and elevators to eliminate architec- sistive technology in a variety of set- J. Bond, Under Secretary of Commerce tural barriers to public buildings and places for Technology, Ben Wu, Deputy Under of employment. Today, it is just as impor- tings—school, home, and at work. tant to provide technology that enables peo- Additionally, we stabilized funding Secretary of Commerce for Tech- ple with disabilities to use personal com- for the State programs by supporting nology, and Angela Ewell-Madison, Di- puters and the Internet, such as devices that State efforts to improve the provision rector of the Office of Congressional read computer text aloud to people who are of assistive technology for individuals Affairs. From the Department of blind or enable people who can’t move their September 30, 2004 CONGRESSIONAL RECORD — SENATE S10189 arms to type and issue computer commands SOCIETY FOR ability community choices in determining using only their breath or eye movements. HUMAN RESOURCE MANAGEMENT, which AT device is most effective for their Assistive and accessible technology (AT) Alexandria, VA, September 30, 2004. needs. These programs are crucial tools for can help people of all abilities realize their Hon. JUDD GREGG, human resource professionals in meeting the full potential, but for people with disabilities U.S. Senate, Chairman, Senate Health, Edu- needs of employees with disabilities in the there is no middle ground. According to the cation, Labor, and Pensions Committee, workforce. National Council on Disability, ‘‘For Ameri- Russell Senate Office Building, Washington, HR professionals will continue to play a cans without disabilities, technology makes DC. critical role in the development and execu- things easier. For Americans with disabil- DEAR CHAIRMAN GREGG: On behalf of the tion of workplace policies and procedures in ities, technology makes things possible.’’ more than 190,000 human resource profes- our nation’s workplaces. It is vitally impor- The goal of the AT Act is to ensure that peo- sionals of the Society for Human Resource tant that the federal government enact legis- ple have access to the technology they need. Management (SHRM), I am writing to ex- lative proposals such as H.R. 4278 that con- On June 23, the Senate, led by Sens. Judd press our support and enthusiastic endorse- tribute to and promote the successful em- Gregg (R–N.H.) and Tom Harkin (D–Iowa), ment of H.R. 4278, the Improving Access to ployment of people with disabilities. Once introduced its bill S. 2595 to reauthorize the Assistive Technology (AT) for Individuals again, I would like to underscore our strong AT Act. Earlier this year, Reps. Howard with Disabilities Act of 2004. SHRM implores support for H.R. 4278 and urge quick action McKeon (R–Calif.), John Boehner (R–Ohio) the U.S. Senate to swiftly pass this legisla- by this body on this important measure. and Dale Kildee (D–Mich.) shepherded the tion which will re-authorize this vitally im- Sincerely, House bill for AT Act reauthorization (H.R. portant program. KATHRON COMPTON, 4278) through floor passage. The Senate and The human resource professional is the ar- Chief External Affairs Officer. House must now work together to ensure re- chitect of fair policies and practices ensuring authorization of the act before the end of the a fair and equitable employment process and THE ARC OF THE UNITED STATES, current session. workplace. Human resource professionals Washington, DC, September 30, 2004. Both bills would strengthen state AT pro- also play a critical role in responding to re- Hon. JUDD GREGG, grams. These programs and services are crit- quests for workplace accommodations for Chairman, Senate HELP Committee, ical, because they ensure technology will be employees with disabilities. If enacted, H.R. U.S. Senate, Washington, DC. available where people need it—in schools, 4278 will help human resource professionals Hon. EDWARD KENNEDY, on the job and in their communities. The AT and their organizations seek sound solutions Ranking Member, Senate HELP Committee, Act also funds research and development in accommodating prospective and current U.S. Senate, Washington, DC. projects, information-system improvements, employees with assistive technology devices. DEAR CHAIRMAN GREGG AND SENATOR KEN- loan and reutilization programs, and dem- Programs such as these support the creation NEDY: The Arc of the United States, the na- onstrations that teach people what kind of and promotion of workplace diversity and tion’s largest national organization rep- AT devices are available and how to use represent a win-win situation for employers resenting children and adults with cognitive them. and employees alike. SHRM values diversity and other developmental disabilities, would Critics may argue that after 15 years of as an investment in business excellence. We like to thank you for your remarkable bi- federal investment in this program, people believe that the workplace environment pro- partisan work on HR 4278, the reauthoriza- who need assistive technology products and motes the inclusion of individual similarities tion of the Assistive Technology Act. The services—along with service providers, and differences that enhance efficiency and bill before you today makes important school personnel, and employers should al- success. strides forward for the AT Act and, ulti- ready be aware of them. The population that Employment rates of persons with disabil- mately, for the people with cognitive and needs AT is not static, however, and it is ities have always been lower than those of other disabilities who will be able to go to growing. individuals without disabilities. H.R. 4278 au- work, to school and out into their commu- A 2003 research study commissioned by thorizes federal funds to provide states, and nities. Their increased access to assistive Microsoft and conducted by Forrester Data their respective AT programs, with federal technologies will make it possible for them found that 57 percent of working-age com- block grants that support activities that to participate more fully in every aspect of puter users could benefit from accessible provide assistive technology devices to em- daily life. technology. As the U.S. work force continues The Arc appreciates the hard work that ployees with disabilities. SHRM believes to age, the need for AT as a mainstream has gone into every phase of the process of that reauthorization of the AT programs rep- business resource will increase even more. developing and negotiating this vital legisla- resents an important continued commitment By 2010, more than half the U.S. population tion. We are especially pleased that the bill to ensure that people with disabilities have will be 45 or older, age-related impairments clearly delineates the authorization of ap- access to technology that assists them in will affect more people, and employers will propriations so that state grants will have seeking and gaining full employment, par- need resources to help workers maintain defined and equitable minimum allotment ticipation, and accommodation in the work- peak performance. levels. We also appreciate the fact that the As the need for AT increases, it will be place. bill provides flexibility to states to design In addition, H.R. 4278 makes several pro- vital to establish a seamless network of re- locally responsive programs while still as- gram improvements that build upon current sources and training that can meet people’s suring a focus on activities that will get as- state activities. For example, the legislation evolving needs at every stage of life and en- sistive technology into the hands of the peo- would create a competitive grant for devel- sure that all Americans have the help they ple that need it. We are pleased, as well, that need with education, employment and inde- opment of a national public awareness tool- the bill establishes a grant to the American pendent living. The AT Act helps to do just kit. The goal of the national toolkit is to Indian Consortium for a Protection and Ad- that by aligning its priorities and provisions provide a resource for each state project to vocacy for Assistive Technology (PAAT) pro- with those set forth in other federal legisla- expand public awareness of the AT program gram and has enhanced provisions for Re- tion, including the Individuals with Disabil- to targeted individuals and entities such as search and Development efforts. ities Education Act, the Workforce Invest- local media representatives, employer We urge you to pass HR 4278 now, and we ment Act and the Americans with Disabil- groups, and employee organizations. SHRM look forward to working with you as you ities integration mandate in Olmstead. believes this provision of H.R. 4278 is of vital continue to work to ensure that the future The AT Act will expire on Sept. 30. With- importance because it will serve as a tool to holds nothing but enhancements of the pro- out enactment of a reauthorization bill, ac- reach across broader communities to provide grams and services authorized by this legis- cess to assistive technology for Americans information and resources on how to access lation. with disabilities could be severely com- the state programs and their various bene- Thank you for your support of people with promised. fits. disabilities and their families who will now Congress now has a chance to remedy this H.R. 4278 also establishes grants for re- see increased benefits from the vast techno- situation, so that Americans with disabil- search, development and evaluation, as well logical advances the 21st century will bring. ities will know that the services they need as alternative financing systems. The first Thank you again for your bipartisan work will continue to support them in their efforts program provides federal and state govern- and your leadership. to work, learn and participate in their comments the opportunity to gain access to cut- Sincerely, munities. ting edge research that analyzes the effec- STEVE EIDELMAN, The Senate and House should quickly ne- tiveness of assistive technology devices and Executive Director. gotiate a compromise bill and send it to the the state projects that administer related president for signature. As we approach the AT programs. The development of alter- EASTER SEALS, 14th anniversary of the Americans with Dis- native financing systems would give states OFFICE OF PUBLIC AFFAIRS, abilities Act—signed into law by the first flexibility in offering competitive device Washington, DC, September 30, 2004. President Bush—Americans need to know loan programs, such as: revolving loan funds; Hon. JUDD GREGG, our representatives in Congress will not turn loan guarantees or insurance programs; pur- Chairman, Committee on Health, Education, their backs on citizens with disabilities. By chase, lease, or acquisition programs; and Labor and Pensions, U.S. Senate, Wash- putting this issue above politics, and re-au- low interest loan funds. This allows the state ington, DC. thorizing the AT Act this year, Congress can AT projects to offer different avenues to gain DEAR SENATOR GREGG: On behalf of Easter deliver on America’s promise. access to AT devices, which affords the dis- Seals, I am writing to express our support S10190 CONGRESSIONAL RECORD — SENATE September 30, 2004 for passage of the Assistive Technology Act device demonstrations, equipment BOEHNER, GEORGE MILLER and BUCK of 2004. We are pleased that we have reached loans, and device refurbishment, and to MCKEON for their excellent bipartisan this bipartisan solution to supporting the as- provide financing systems such as low- work on this legislation. I also com- sistive technology needs of individuals with cost loan programs. mend Senator JACK REED, Senator disabilities. In addition to these important activi- In order for this bill to reach its main ob- JOHN WARNER, Senator PAT ROBERTS jective, truly increasing access to assistive ties, it asks State projects to continue and all of my colleagues on the Health, technology for people with disabilities, we their work of educating people with Education, Labor and Pensions Com- will be working to make sure that adequate disabilities, agencies that serve them, mittee for their excellent work. Sen- funding is provided to support all aspects of and employers, about the doors of op- ator REED deserves special credit for the bill, the state projects, existing strong portunity that technology can open. It his focus on improving training of local alternative financing programs, protection asks them to train personnel who work personnel and expanding research and and advocacy services, projects of national with people with disabilities to assess development on new technologies. significance on research and development. whether technology is needed and then Several staff members deserve par- We look forward to working with you to how to obtain it. It asks them to inte- achieve this goal. ticular thanks—Aaron Bishop with Thank you for your efforts to support as- grate technology into education, em- Senator GREGG, Mary Giliberti with sistive technology. ployment and other service plans, and Senator HARKIN, Elyse Wasch and Sincerely, it improves coordination between agen- Erica Swanson with Senator REED, JENNIFER DEXTER, cies that serve people with disabilities. David Cleary with Representative Senior Government Relations Specialist. In particular, it asks State projects BOEHNER and Alex Nock with Rep- Mr. KENNEDY. Mr. President, I am to focus on a population that needs resentative MILLER. Without their hard proud to join my colleagues in support technology, but often does not get it— work and the hard work of the dis- of final passage of this important bill. students under the Individuals with ability advocates and project directors The Assistive Technology Act of 2004 Disabilities Education Act in transi- and staffs in the states, this legislation will continue and expand the Nation’s tion from school to work or continuing would not have been possible. effort to improve access to assistive education. For these students, assistive Mr. HARKIN. Mr. President, today technology for all who need it. technology is vitally important. It can the Senate will pass legislation that is Technology is one of the great equal- mean the difference between living critically important to individuals izing forces in our society. A computer independent and productive lives when with disabilities and elderly Ameri- can provide a child with insight and ac- they leave school, and being left out of cans: the Assistive Technology Act of cess to a world of information they their community and unable to con- 2004. would otherwise never have, and make tribute. The legislation asks State I am delighted that we are com- the ideal of the American dream a re- projects to better facilitate access to pleting this bill, which will also short- ality for many more. technology for this population. It’s a ly be passed in the House. I want to For people with disabilities of all big task, but one I know the projects thank Senators GREGG, KENNEDY, ROB- ages, technology is especially impor- are able to handle, and it will make a ERTS, REED, and DEWINE, and Rep- tant. It can mean the difference be- world of difference for thousands of resentatives BOEHNER and MILLER, tween being immobile in the home and students who make the transition among others, for their excellent bipar- becoming a mobile and contributing every year from the schoolhouse to tisan work to get this accomplished. member of their community. It can home, college, or the workplace. Assistive technology is absolutely In addition to focusing the projects mean the difference between being par- critical to the lives of people with dis- on new activities, we take steps to pro- alyzed by an inability to communicate abilities. According to an NOD/Harris vide resources to make it happen. The and communicating at a level pre- poll earlier this year, 35 percent of in- act sets a minimum allotment of dividuals with disabilities say that viously thought impossible. Tech- $410,000 for each State project. This they would not be able to live inde- nology breaks down barriers to edu- higher minimum will give many small- pendently or take care of themselves at cation, employment, health care, com- er States the resources they need to ex- home without assistive technology. munity living, civic participation and pand and create quality programs. For Assistive technology also opens up countless other activities of daily life larger States, any resources above this opportunities in education, employ- that we so often take for granted. It al- level will be largely dedicated to help- ment and civic participation that lows people with disabilities to reach ing them meet the increased need they would not otherwise be available to their full potential. face. We in Congress must do every- many individuals with disabilities. Since 1988, the Assistive Technology thing we can to see that this legisla- As the National Council on Disability Act has funded projects in every State tion receives the funding we know is puts it: ‘‘For Americans without dis- and territory to raise awareness about necessary to implement quality and ef- abilities, technology makes things the enormous potential of such tech- fective programs State-wide. easier. For Americans with disabilities, nology, give individuals an opportunity This legislation also shifts the au- technology makes things possible.’’ to test products, and offer low-cost op- thority for administering, monitoring The bill that we are reauthorizing tions for purchasing them. Each and reporting on the program to the today builds on the successes of the As- project has a different focus, but all are Republican Services Administration. sistive Technology Act dating back to providing these core services, and pro- The projects focus on people with dis- 1988. The State Assistive Technology viding them well. abilities of all ages and on their school, programs have been highly effective in In Massachusetts, the Assistive Tech- work and basic health and living needs. providing information, training, and nology Project trains individuals with The RSA is well-equipped to provide technical assistance to a wide array of disabilities to be self-advocates. They the kind of leadership that will allow individuals, including people with dis- monitor implementation of State and us to effectively assess their accom- abilities, their families, educators, Federal laws, and operate an Equip- plishments, and is required to partner health care professionals and others. ment Exchange Trading Post for indi- with the Office of Special Education Let me give you an example from my viduals to exchange or sell assistive Programs, the National Institute on own State of Iowa. Ben Moore, owner technology products. They deserve Disability Research and Rehabilitation of Moore Construction in Iowa City, great credit, and so do the other and other Federal agencies. I am con- learned about universal design—the projects across the Nation. fident the projects will receive the at- practice of building homes so that peo- The Assistive Technology Act of 2004 tention and focus they deserve. ple with and without disabilities can makes a commitment to continue In this legislation, we also continue get around in them—because of the these projects, in recognition of all the and expand the work of the protection work of the Iowa Program for Assistive effective work they have done so far. It and advocacy systems that have done Technology. He went on to build a uni- also asks them to refocus their efforts so much over the years to make good versally designed home for two Iowans on the core objective of getting tech- on the promise of assistive technology. with disabilities. Now he is encour- nology into the hands of people with I commend Senators JUDD GREGG and aging other contractors to use uni- disabilities. It asks them to perform TOM HARKIN and Representatives JOHN versal design to build beautiful homes September 30, 2004 CONGRESSIONAL RECORD — SENATE S10191 that Iowans can remain in as they grow mentation of the ADA and the Assistive Technology Reauthorization old. Given Iowa’s aging population, Olmstead decision. This effort aligns Act of 2004. this is very important work. the Assistive Technology Act with This important legislation, the prod- Joy Crimmins from Dubuque, IA, has these other initiatives. uct of bipartisan and bicameral nego- benefited from the advocacy services Because individuals with disabilities tiations, reauthorizes the Assistive funded through the act. She has a still are afforded significantly fewer Technology Act of 1998 and provides in- newly accessible bedroom and bath- employment opportunities than indi- dividuals with disabilities increased ac- room in her home because the assistive viduals without disabilities, the bill cess to critical assistive technology de- technology program provided legal ad- places an emphasis on educating em- vices and services, focusing on where vocacy to her family to get their home ployers and employees. One of the they are needed most—in schools, on modified. projects of national significance au- the job, and in the community. These This wonderful work is not hap- thorized in the bill includes develop- devices and services afford individuals pening just in Iowa. The most recent ment of public service announcements with disabilities a greater opportunity data available, for Fiscal Year 2002, in- and other means of reaching out to em- to participate in educational programs, dicates that these programs are mak- ployers, giving them information re- employment prospects, and community ing a substantial difference nationally. garding assistive technology. activities and thereby, assist them in In 2002, 92,000 equipment demonstra- The other project of national signifi- leading more full, productive, and inde- tions were provided; 38,000 AT devices cance promotes research and develop- pendent lives. were loaned to individuals with disabil- ment so we can have come up with as- As an original cosponsor of the Sen- ities; and more than 6,000 devices were sistive technologies that can open up ate version of this bill, I am pleased exchanged or recycled. Also, more than more doors for individuals with disabil- that some of its provisions on training 6 million dollars was loaned to individ- ities. and research and development which I uals with disabilities so they could pur- This reauthorization recognizes the authored have been included in the chase assistive technology, ranging ongoing contribution of protection and final version of the bill before us today. from a hearing device to an accessible advocacy services in making assistive The bill requires states to carry out van. The AT programs also provided technology available to individuals training activities to enhance the timely information to Americans, an- with disabilities. And it adds the Na- knowledge, skills, and competencies of swering 151,000 requests for assistance, tive American Protection and Advo- individuals in local settings statewide, and training more than 172,000 people. cacy System to those receiving funds including educators, early interven- Despite all of these successes, we rec- under the act. Iowa’s successful advo- tion, adult service, and health care pro- ognize that there is much more to be cacy program will also be continued viders, and others who work with indi- done. The NOD/Harris poll indicates under this bill. viduals with disabilities. These provi- These are just a few of the many sig- that 17 percent of individuals with dis- sions ensure that local communities nificant issues addressed in this bill. It abilities still do not have the assistive will have trained personnel available is a very comprehensive effort, made technology device or equipment that to meet the specific assistive tech- possible by the hard work of the many they need. And the biggest barrier is nology needs of individuals with dis- stakeholders that participated. abilities. cost. In this reauthorization, we em- I want to thank my colleague, Sen- The bill also establishes a new au- phasize programs that will improve ac- ator GREGG, and his staff, particularly thority for competitive grants for recess to assistive technology devices by Aaron Bishop and Denzel McGuire, for search and development of new assist- providing loans, leases or other financ- their excellent work on this bipartisan ive technology devices and for the ad- ing programs as well as recycled equip- initiative. I also want to recognize the aptation, maintenance, servicing and ment. work of Senators KENNEDY, ROBERTS, improvement of those assistive tech- While there are many important ini- REED and DEWINE and their staff mem- nology devices already in existence, an tiatives in this bill, I will highlight a bers, Kent Mitchell, Connie Garner, issue of great interest to colleges in my few of the most significant. Jennifer Swenson, Elyse Wasch, Erica State. As such, among the eligible re- First, the bill for the first time au- Swanson, and MaryBeth Luna. And I’d thorizes a $410,000 State minimum for like to recognize Congressman cipients for this research and development funding are institutions of higher each of the State projects to ensure BOEHNER and MILLER and their staff that each state has the funds necessary members, David Cleary and Alex Nock, education, including the nationally to carry out the requirements of the for working on this bipartisan, bi- recognized University Centers for Ex- act. cameral bill. cellence in Developmental Disabilities The bill also provides that the major- As part of this reauthorization proc- Education, Research, and Service and ity of the Federal funds will be spent ess, committee staff have had exten- the engineering programs of such insti- on activities designed to provide direct sive bipartisan briefings and met with tutions. Regrettably, the compromise access to assistive technology, includ- a very wide array of stakeholders. restricts the potential funding of this ing equipment loan, device reutiliza- Stakeholders also participated in work program to a small level that is not tion, device demonstration, and financ- groups designed to forge consensus on sufficient to solve the large and growing systems. many of the issues addressed in this ing need for assistive technology de- States will continue their successful bill. As a result, I believe we are pass- vices, particularly as our population public awareness and coordination ac- ing a very strong bill. I want to thank ages. This is a good start, but we must tivities. States will also continue to the many individuals with disabilities, do more to help individuals with dis- provide technical assistance, with a family members, assistive technology abilities forge ahead and reach their new focus on individuals with disabil- programs, vendors, members of the in- ultimate potential, and so I hope we ities who are going through transition formation technology industry, the fi- can grow this funding in the future. periods and need assistive technology nancial and business community, serv- There are other highlights as well. to be successful. This is particularly ice providers, advocates, educators and The bill increases the minimum allot- important for students with disabil- others who gave generously of their ment for each State assistive tech- ities who are receiving IDEA services time and worked so hard on this bill. nology program to $410,000 which could and transitioning to higher education, This bill continues the tradition of mean an increase of nearly $110,000 in employment and independent living. It bipartisan cooperation that has funding for Rhode Island as appropria- is also critical to adults with disabil- marked every significant disability bill tions rise, and it repeals the sunset ities and older Americans who need that has been passed by Congress. Just provision included in the Assistive help maintaining independent living or as the ADA, IDEA and other bills have Technology Act of 1998 so that States transitioning from a nursing home or been bipartisan, so is this Assistive can continue to be eligible for funding. institution to the community. Technology Act of 2004, We can all be The bill also shifts emphasis toward The Senate recently passed the Indi- proud to see it enacted into law. getting assistive technology directly viduals with Disabilities Act, and we Mr. REED. Mr. President, I strongly into the hands of individuals with dis- continue to be concerned about imple- support final passage of H.R. 4278, the abilities through programs to provide S10192 CONGRESSIONAL RECORD — SENATE September 30, 2004 device demonstration, equipment loan, The concurrent resolution (H. Con. gram has provided law enforcement of- device reutilization/recycling and fi- Res. 501) was agreed to. ficers in 16,000 jurisdictions Nationwide nancing systems such as low-interest f with nearly 350,000 new bulletproof loans for the purchase or lease of as- vests. In Vermont, 60 municipalities STATE JUSTICE INSTITUTE sistive technology equipment. have been fortunate to receive to re- I thank my colleagues, in particular, REAUTHORIZATION ACT OF 2004 ceive funding for the purchase of 1,905 Chairman GREGG, Senator KENNEDY, Mr. INHOFE. Mr. President, I ask vests. Senator HARKIN, and their staffs, for unanimous consent that the Judiciary The Bulletproof Vest Partnership their hard work in producing a bipar- Committee be discharged from further Grant Act of 2003 will further the suc- tisan piece of legislation and moving it consideration of H.R. 2714 and the Sen- cess of the Bulletproof Vest Partner- toward final passage. ate proceed to its immediate consider- ship Grant Program by re-authorizing A special thanks is also due to Re- ation. the program through fiscal year 2007. gina Connor, the Project Director of The PRESIDING OFFICER. Without Our legislation would continue the the Rhode Island Assistive Technology objection, it is so ordered. The clerk Federal-State partnership by author- Access Partnership, ATAP, which is will report the bill by title. izing up to $50 million per year for Rhode Island’s Assistive Technology The assistant legislative clerk read matching grants to State and local law Act Project, and Tony Antosh, Direc- as follows: enforcement agencies and Indian tribes tor of the Paul V. Sherlock Center on A bill (H.R. 2714) to reauthorize the State at the Department of Justice to buy Disabilities, for their input and rec- Justice Institute. body armor. ommendations throughout the legisla- There being no objection, the Senate We know that body armor saves tive process and ensuring that the act proceeded to consider the bill. lives, but the cost has put these vests contained provisions important to Mr. LEAHY. Mr. President, I am out of the reach of many of the officers Rhode Island assistive technology pleased the Senate will take up the who need them. This program makes it users, providers, and advocates. Leahy-Hatch amendment to reauthor- more affordable for police departments This is significant legislation for peo- ize the highly successful Department of of all sizes. Few things mean more to ple in Rhode Island and across the Na- Justice Bulletproof Vest Partnership me than when I meet Vermont police tion, and I am pleased to support it. I Grant Program. I thank the Chairman officers and they tell me that the pro- look forward to the President quickly of the Senate Judiciary Committee, tective vests they wear were made pos- signing this bill into law which will Senator HATCH, for joining me on this sible because of this program. This is hopefully signal a turnaround in his amendment. the least we should do for the officers support for assistive technology fund- This amendment contains the same on the front lines who put themselves ing to provide individuals with disabil- legislative language as the Campbell- in danger for us every day. I want to ities the increased support they need Leahy-Hatch Bulletproof Vest Partner- make sure that every police officer and deserve. ship Grant Act of 2003, S. 764. The Bul- who needs a bulletproof vest gets one. Mr. INHOFE. I ask unanimous con- letproof Vest Partnership Grant Act Mr. INHOFE. I ask unanimous consent that the substitute amendment at passed the Senate by unanimous consent that the Leahy-Hatch amendment, the desk be agreed to, the bill, as sent on July 15, 2003, and has been which is at the desk, be agreed to, the amended, be read a third time and awaiting consideration by the House of bill as amended be read a third time passed, the motions to reconsider be Representatives since then. and passed, the motions to reconsider laid upon the table en bloc, and any This measure marks the third time be laid upon the table with no inter- statements relating to the bill be that I have had the privilege of vening action or debate, and any state- printed in the RECORD. teaming with my friend and colleague ments relating to the bill be printed in The PRESIDING OFFICER. Without Senator CAMPBELL to work on the Bul- the RECORD. objection, it is so ordered. letproof Vest Partnership Grant Pro- The PRESIDING OFFICER. Without The amendment (No. 3943) was agreed gram. We authored the Bulletproof objection, it is so ordered. to. Vest Grant Partnership Act of 1998, The amendment (No. 3944) was agreed (The amendment is printed in today’s which responded to the tragic Carl to, as follows: RECORD under ‘‘Text of Amendments.’’) Drega shootout in 1997 on the Vermont- (Purpose: To extend the authorization of the The bill (H.R. 4278), as amended, was New Hampshire border, in which two Bulletproof Vest Partnership Grant Pro- read the third time and passed. state troopers who did not have bullet- gram) f proof vests were killed. The Federal of- On page 3, after line 5, add the following: ficers who responded to the scenes of SEC. 4. LAW ENFORCEMENT ARMOR VESTS. HONORING THE LIFE AND WORK Section 1001(a)(23) of title I of the Omnibus OF DUKE ELLINGTON the shooting spree were equipped with Crime Control and Safe Streets Act of 1968 life-saving body armor, but the state Mr. INHOFE. Mr. President, I ask (42 U.S.C. 3793(a)(23)) is amended by striking and local law enforcement officers unanimous consent that the Senate ‘‘2004’’ and inserting ‘‘2007’’. lacked protective vests because of the proceed to the immediate consider- The amendment was ordered to be cost. engrossed and the bill was read the ation of H. Con. Res. 501. Two years later, we successfully The PRESIDING OFFICER. The third time and passed. passed the Bulletproof Vest Partner- clerk will report the concurrent resolu- ship Grant Act of 2000, and I hope we f tion by title. will go 3-for-3 this time around. Sen- ORDERS FOR FRIDAY, OCTOBER 1, The legislative clerk read as follows: ator CAMPBELL brings to our effort in- 2004 A concurrent resolution (H. Con. Res. 501) honoring the life and work of Duke Elling- valuable experience in this area and Mr. INHOFE. Mr. President, I ask ton, recognizing the 30th anniversary of the during his time in the Senate he has unanimous consent that when the Sen- Duke Ellington School of the Arts, and sup- been a leader in the area of law en- ate completes its business today, it ad- porting the annual Duke Ellington Jazz Fes- forcement. As a former deputy sheriff, journ until 9:30 a.m. on Friday, October tival. he knows the dangers law enforcement 1. I further ask unanimous consent There being no objection, the Senate officers face when out on patrol. I am that following the prayer and the proceeded to the consideration of the pleased that we have been joined in pledge, the morning hour be deemed concurrent resolution. this effort by 12 other Senate cospon- expired, the Journal of proceedings be Mr. INHOFE. I ask unanimous con- sors, including Senator HATCH. approved to date, the time for the two sent that the concurrent resolution be Our bipartisan legislation will save leaders be reserved, and the Senate agreed to, the motion to reconsider be the lives of law enforcement officers then resume consideration of S. 2845, laid upon the table, and any statement across the country by providing more the intelligence reform bill. relating to the matter be printed in the help to State and local law enforce- The PRESIDING OFFICER. Without RECORD. ment agencies to purchase body armor. objection, it is so ordered. The PRESIDING OFFICER. Without Since its inception in 1999, this highly Mr. REID. Mr. President, I suggest objection, it is so ordered. successful Department of Justice pro- the absence of a quorum. September 30, 2004 CONGRESSIONAL RECORD — SENATE S10193 The PRESIDING OFFICER. The CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COL. EDWARD L. ARNTSON II AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COL. MARGRIT M. FARMER clerk will call the roll. 601: COL. GLENN J. LESNIAK COL. ADOLPH MCQUEEN, JR. The legislative clerk proceeded to To be lieutenant general COL. JACK F. NEVIN call the roll. LT. GEN. CARROL H. CHANDLER COL. MAYNARD J. SANDERS Mr. INHOFE. Mr. President, I ask COL. GREGORY A. SCHUMACHER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT unanimous consent that the order for IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES ARMY TO THE GRADE INDICATED CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE UNDER TITLE 10, U.S.C., SECTION 624: the quorum call be vitiated. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION The PRESIDING OFFICER. Without 601: To be brigadier general objection, it is so ordered. To be lieutenant general COLONEL KARL R. HORST f MAJ. GEN. STEPHEN G. WOOD THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- MEASURE PLACED ON THE THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED SERVE OF THE ARMY TO THE GRADE INDICATED UNDER STATES OFFICERS FOR APPOINTMENT IN THE RESERVE TITLE 10, U.S.C., SECTION 12203: CALENDER—S. RES. 360 OF THE AIR FORCE TO THE GRADES INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: To be brigadier general Mr. INHOFE. I ask unanimous con- To be brigadier general COL. DANA D. BATEY sent the Rules Committee be dis- COLONEL ROBERT A KNAUFF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT charged from further consideration of TO THE GRADE INDICATED IN THE UNITED STATES ARMY S. Res. 360, and it be placed directly on THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS TO THE GRADE INDICATED IN THE UNITED STATES AIR 3064 AND 3084: the calendar. FORCE UNDER TITLE 10, UNITED STATES CODE, SECTION To be brigadier general The PRESIDING OFFICER. Without 9335: objection, it is so ordered. To be brigadier general COL. MICHAEL B. CATES IN THE MARINE CORPS f COL. DANA H. BORN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PROGRAM IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES MARINE CORPS TO THE GRADE CATED UNDER TITLE 10, U.S.C., SECTION 624: INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., Mr. INHOFE. Mr. President, for the To be brigadier general information of all Senators, tomorrow SECTION 601: the Senate will resume consideration COL. MARSHALL K. SABOL To be lieutenant general IN THE ARMY of the intelligence reform bill. As an- MAJ. GEN. JAMES N. MATTIS nounced earlier, there will be no roll- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS TO THE GRADE call votes tomorrow. Senators will be WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- here to offer and debate amendments, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: and any votes ordered on the amend- To be general To be lieutenant general ments will be stacked to occur Monday LT. GEN. BENJAMIN S. GRIFFIN afternoon. It is the intention of the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. EDWARD HANLON, JR. AS THE SURGEON GENERAL, UNITED STATES ARMY, AND IN THE NAVY leader to begin those rollcall votes on APPOINTMENT TO THE GRADE INDICATED WHILE AS- amendments as early as 3 p.m. on Mon- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 3036: TO THE GRADE OF ADMIRAL IN THE UNITED STATES day, and Senators should make the ap- NAVY WHILE ASSIGNED TO A POSITION OF IMPORTANCE To be lieutenant general propriate scheduling considerations. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION MAJ. GEN. KEVIN C. KILEY 601 AND TITLE 50, U.S.C., SECTION 2406: The majority leader will have more To be director, naval nuclear propulsion to say on this week’s schedule tomor- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED program row. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be admiral f RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be lieutenant general VICE ADM. KIRKLAND H. DONALD ADJOURNMENT UNTIL 9:30 A.M. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. JAMES J. LOVELACE, JR. TOMORROW IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Mr. INHOFE. Mr. President, if there IN THE UNITED STATES ARMY TO THE GRADE INDICATED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be vice admiral is no further business to come before RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the Senate, I ask unanimous consent To be lieutenant general REAR ADM. CHARLES L. MUNNS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT that the Senate stand in adjournment MAJ. GEN. JAMES M. DUBIK under the previous order. IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND There being no objection, the Senate, IN THE UNITED STATES ARMY TO THE GRADE INDICATED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: at 7:33 p.m., adjourned until Friday, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be vice admiral RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: October 1, 2004, at 9:30 a.m. To be lieutenant general REAR ADM. JAMES K. MORAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f MAJ. GEN. ROBERT T. DAIL IN THE UNITED STATES NAVY TO THE GRADE INDICATED CONFIRMATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES ARMY TO THE GRADE INDICATED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Executive nominations confirmed by WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be vice admiral the Senate September 30, 2004: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be lieutenant general REAR ADM. JOSEPH A. SESTAK, JR. IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJ. GEN. DAVID F. MELCHER IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE IN THE UNITED STATES ARMY TO THE GRADE INDICATED AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be vice admiral RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 601: REAR ADM. MARK P. FITZGERALD To be lieutenant general To be general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. BRUCE A. CARLSON MAJ. GEN. R. STEVEN WHITCOMB IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES ARMY TO THE GRADE INDICATED CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be vice admiral RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION VICE ADM. GARY ROUGHEAD 601: To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general LT. GEN. DAVID D. MCKIERNAN IN THE UNITED STATES NAVY TO THE GRADE INDICATED MAJ. GEN. DENNIS R. LARSEN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE RESERVE OF THE ARMY TO THE GRADES INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATED UNDER TITLE 10, U.S.C., SECTION 12203: To be vice admiral IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE To be major general REAR ADM. LEWIS W. CRENSHAW, JR. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BRIG. GEN. JAMES E. ARCHER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. STEVEN P. BEST AS DEPUTY JUDGE ADVOCATE GENERAL OF THE NAVY To be lieutenant general BRIG. GEN. PETER S. COOKE IN THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- BRIG. GEN. JACK C. STULTZ TION 5149: MAJ. GEN. WILLIAM M. FRASER III To be brigadier general To be rear admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COL. NORMAN H. ANDERSSON CAPT. BRUCE E. MACDONALD S10194 CONGRESSIONAL RECORD — SENATE September 30, 2004

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING DOUGLAS A. RECEIVED BY THE SENATE AND APPEARED IN THE CON- AS JUDGE ADVOCATE GENERAL OF THE NAVY IN THE HABERMAN AND ENDING MATTHEW S. WARNER, WHICH GRESSIONAL RECORD ON SEPTEMBER 8, 2004. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 5149: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING RAYMOND ALEX- To be rear admiral PEARED IN THE CONGRESSIONAL RECORD ON SEP- ANDER AND ENDING MARK A ZIEGLER, WHICH NOMINA- TEMBER 21, 2004. TIONS WERE RECEIVED BY THE SENATE AND APPEARED REAR ADM. JAMES E. MCPHERSON AIR FORCE NOMINATION OF MARTIN J. TOWEY. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 8, 2004. ARMY NOMINATIONS BEGINNING JUAN H. BANKS AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ENDING LISA N. YARBROUGH, WHICH NOMINATIONS IN THE UNITED STATES NAVAL RESERVE TO THE GRADE NAVY NOMINATIONS BEGINNING STEVEN W ASHTON WERE RECEIVED BY THE SENATE AND APPEARED IN THE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: AND ENDING JASON D ZEDA, WHICH NOMINATIONS WERE CONGRESSIONAL RECORD ON SEPTEMBER 8, 2004. RECEIVED BY THE SENATE AND APPEARED IN THE CON- ARMY NOMINATIONS BEGINNING MICHAEL J. To be rear admiral (lower half) GRESSIONAL RECORD ON SEPTEMBER 8, 2004. BLACHURA AND ENDING RONALD P. WELCH, WHICH NOMI- NAVY NOMINATIONS BEGINNING TAMMERA L ACKISS CAPT. NORTON C. JOERG NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND ENDING KATHLEEN L YUHAS, WHICH NOMINATIONS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TEMBER 10, 2004. WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING SCOTT A. AYRES AND CONGRESSIONAL RECORD ON SEPTEMBER 8, 2004. UNDER TITLE 10, U.S.C., SECTION 624: ENDING GERALD I. WALTER, WHICH NOMINATIONS WERE NAVY NOMINATIONS BEGINNING IK J AHN AND ENDING To be rear admiral (lower half) RECEIVED BY THE SENATE AND APPEARED IN THE CON- SARA B ZIMMER, WHICH NOMINATIONS WERE RECEIVED GRESSIONAL RECORD ON SEPTEMBER 10, 2004. BY THE SENATE AND APPEARED IN THE CONGRESSIONAL CAPTAIN GERALD R. BEAMAN ARMY NOMINATIONS BEGINNING MARK A. COSGROVE RECORD ON SEPTEMBER 8, 2004. CAPTAIN MARK S. BOENSEL AND ENDING RONNIE J. WESTMAN, WHICH NOMINATIONS NAVY NOMINATIONS BEGINNING KERRY L ABRAMSON CAPTAIN JOHN H. BOWLING III WERE RECEIVED BY THE SENATE AND APPEARED IN THE AND ENDING ANDRU E WALL, WHICH NOMINATIONS WERE CAPTAIN MARK H. BUZBY CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. RECEIVED BY THE SENATE AND APPEARED IN THE CON- CAPTAIN DAN W. DAVENPORT ARMY NOMINATIONS BEGINNING STEVEN H. BULLOCK GRESSIONAL RECORD ON SEPTEMBER 8, 2004. CAPTAIN WILLIAM E. GORTNEY AND ENDING JOHN M. STANG, WHICH NOMINATIONS NAVY NOMINATION OF ARTHUR B. SHORT. CAPTAIN MICHAEL R. GROOTHOUSEN WERE RECEIVED BY THE SENATE AND APPEARED IN THE NAVY NOMINATION OF SCOTT DRAYTON. CAPTAIN VICTOR GUILLORY CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. NAVY NOMINATION OF CIPRIANO PINEDA, JR. CAPTAIN CECIL E. HANEY ARMY NOMINATIONS BEGINNING MICHAEL N. ALBERT- NAVY NOMINATIONS BEGINNING MICHAEL P AMSTUTZ, CAPTAIN HARRY B. HARRIS, JR. SON AND ENDING WILLIAM S. WOESSNER, WHICH NOMI- JR. AND ENDING JAMES J WOJTOWICZ, WHICH NOMINA- CAPTAIN JAMES M. HART NATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED CAPTAIN RONALD H. HENDERSON, JR. PEARED IN THE CONGRESSIONAL RECORD ON SEP- IN THE CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. CAPTAIN JOSEPH D. KERNAN TEMBER 10, 2004. CAPTAIN RAYMOND M. KLEIN ARMY NOMINATIONS BEGINNING JOHN W. AMBERG II CAPTAIN CHARLES J. LEIDIG, JR. AND ENDING RICHARD G. ZOLLER, WHICH NOMINATIONS NAVY NOMINATIONS BEGINNING JERRY L ALEXANDER CAPTAIN ARCHER M. MACY, JR. WERE RECEIVED BY THE SENATE AND APPEARED IN THE AND ENDING LORI C WORKS, WHICH NOMINATIONS WERE CAPTAIN MICHAEL K. MAHON CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. RECEIVED BY THE SENATE AND APPEARED IN THE CON- CAPTAIN CHARLES W. MARTOGLIO ARMY NOMINATIONS BEGINNING GILBERT ADAMS AND GRESSIONAL RECORD ON SEPTEMBER 10, 2004. CAPTAIN WALTER M. SKINNER ENDING SCOTT W. ZURSCHMIT, WHICH NOMINATIONS NAVY NOMINATIONS BEGINNING PATRICK L BENNETT CAPTAIN SCOTT R. VANBUSKIRK WERE RECEIVED BY THE SENATE AND APPEARED IN THE AND ENDING ERNEST C WOODWARD, JR., WHICH NOMINA- CAPTAIN MICHAEL C. VITALE CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. TIONS WERE RECEIVED BY THE SENATE AND APPEARED CAPTAIN RICHARD B. WREN ARMY NOMINATIONS BEGINNING CELETHIA M. ABNER IN THE CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. AND ENDING CHERUB I. * WILLIAMSON, WHICH NOMINA- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING CLAUDE W ARNOLD, IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. JR. AND ENDING STEVEN M WENDELIN, WHICH NOMINA- UNDER TITLE 10, U.S.C., SECTION 624: TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be rear admiral (lower half) ARMY NOMINATIONS BEGINNING THOMAS L. * ADAMS, IN THE CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. JR. AND ENDING KATHRYN M. * ZAMBONICUTTER, WHICH CAPT. CHRISTINE S. HUNTER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING CHRISTOPHER L PEARED IN THE CONGRESSIONAL RECORD ON SEP- BOWEN AND ENDING WILLIAM L WOOD, WHICH NOMINA- AIR FORCE NOMINATION OF MARJORIE B. MEDINA. TEMBER 10, 2004. TIONS WERE RECEIVED BY THE SENATE AND APPEARED AIR FORCE NOMINATION OF HENRY LEE EINSEL, JR. ARMY NOMINATION OF RAYMOND L. NAWOROL. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. AIR FORCE NOMINATION OF ROBERT L. MUNSON. ARMY NOMINATION OF KEITH A. GEORGE. AIR FORCE NOMINATION OF JAMES MILLER. ARMY NOMINATION OF CURITS L. BECK. NAVY NOMINATIONS BEGINNING JULIE M ALFIERI AND AIR FORCE NOMINATIONS BEGINNING MICHAEL M. ARMY NOMINATION OF REX A. HARRISON. ENDING DONNA I YACOVONI, WHICH NOMINATIONS WERE HARTING AND ENDING JOEL C. WRIGHT, WHICH NOMINA- ARMY NOMINATIONS BEGINNING KEVIN HAMMOND AND RECEIVED BY THE SENATE AND APPEARED IN THE CON- TIONS WERE RECEIVED BY THE SENATE AND APPEARED ENDING MICHAEL KNIPPEL, WHICH NOMINATIONS WERE GRESSIONAL RECORD ON SEPTEMBER 10, 2004. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 8, 2004. RECEIVED BY THE SENATE AND APPEARED IN THE CON- NAVY NOMINATIONS BEGINNING MARIANIE O AIR FORCE NOMINATION OF DANA J. NELSON. GRESSIONAL RECORD ON SEPTEMBER 13, 2004. BALOLONG AND ENDING KAREN M WINGEART, WHICH AIR FORCE NOMINATION OF WILLIAM E. LINDSEY. ARMY NOMINATIONS BEGINNING JAIME B. * ANDERSON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AIR FORCE NOMINATION OF MARTIN S. FASS. AND ENDING JOSEPH G. * WILLIAMSON, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON SEP- AIR FORCE NOMINATION OF FRANK A. POSEY. TIONS WERE RECEIVED BY THE SENATE AND APPEARED TEMBER 10, 2004. AIR FORCE NOMINATION OF TRACEY R. * ROCKENBACH. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 13, 2004. NAVY NOMINATIONS BEGINNING THOMAS G ALFORD AIR FORCE NOMINATIONS BEGINNING SHANNON D. * ARMY NOMINATIONS BEGINNING JAMES R. ANDREWS HAILES AND ENDING MICHAEL F. LAMB, WHICH NOMINA- AND ENDING SHANDA M. ZUGNER, WHICH NOMINATIONS AND ENDING KENDAL T ZAMZOW, WHICH NOMINATIONS TIONS WERE RECEIVED BY THE SENATE AND APPEARED WERE RECEIVED BY THE SENATE AND APPEARED IN THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. CONGRESSIONAL RECORD ON SEPTEMBER 13, 2004. CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. AIR FORCE NOMINATIONS BEGINNING TOMMY D. * ARMY NOMINATIONS BEGINNING MICHAEL C. AARON NAVY NOMINATIONS BEGINNING RYAN D AARON AND BOUIE AND ENDING JENNIFER L. * LUCE, WHICH NOMINA- AND ENDING X4130, WHICH NOMINATIONS WERE RE- ENDING DAVID G ZOOK, WHICH NOMINATIONS WERE RE- TIONS WERE RECEIVED BY THE SENATE AND APPEARED CEIVED BY THE SENATE AND APPEARED IN THE CON- CEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE CONGRESSIONAL RECORD ON SEPTEMBER 10, 2004. GRESSIONAL RECORD ON SEPTEMBER 13, 2004. GRESSIONAL RECORD ON SEPTEMBER 10, 2004. AIR FORCE NOMINATIONS BEGINNING NOEL D. MONT- ARMY NOMINATIONS BEGINNING CHRISTOPHER W. * NAVY NOMINATIONS BEGINNING GLENN A. JETT AND GOMERY AND ENDING ALEXANDER V. * SERVINO, WHICH ABBOTT AND ENDING X3181, WHICH NOMINATIONS WERE ENDING MATTHEW WILLIAMS, WHICH NOMINATIONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RECEIVED BY THE SENATE AND APPEARED IN THE CON- WERE RECEIVED BY THE SENATE AND APPEARED IN THE PEARED IN THE CONGRESSIONAL RECORD ON SEP- GRESSIONAL RECORD ON SEPTEMBER 13, 2004. CONGRESSIONAL RECORD ON SEPTEMBER 13, 2004. TEMBER 13, 2004. ARMY NOMINATION OF JOHN R. PELOQUIN. NAVY NOMINATIONS BEGINNING RICHARD S ADCOOK AIR FORCE NOMINATIONS BEGINNING KATHLEEN HAR- MARINE CORPS NOMINATION OF JOHN T. BROWER. AND ENDING JEFFREY G ZELLER, WHICH NOMINATIONS RINGTON AND ENDING PAUL E. PIROG, WHICH NOMINA- MARINE CORPS NOMINATION OF JOHN M. SESSOMS. WERE RECEIVED BY THE SENATE AND APPEARED IN THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED MARINE CORPS NOMINATION OF RANDY O. CARTER. CONGRESSIONAL RECORD ON SEPTEMBER 13, 2004. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 21, 2004. NAVY NOMINATIONS BEGINNING ANDREW M ARCHILA NAVY NOMINATION OF DANIEL C. RITENBURG. AIR FORCE NOMINATION OF GEORGE J. KRAKIE. AND ENDING RICHARD G ZEBER, WHICH NOMINATIONS NAVY NOMINATION OF DWAYNE BANKS. AIR FORCE NOMINATIONS BEGINNING DAVID A. LUJAN WERE RECEIVED BY THE SENATE AND APPEARED IN THE NAVY NOMINATIONS BEGINNING BILLY R. DAVIS AND AND ENDING MICHAEL C. SCHRAMM, WHICH NOMINA- CONGRESSIONAL RECORD ON SEPTEMBER 8, 2004. ENDING WILLIAM H. SPEAKS, WHICH NOMINATIONS WERE TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING RAY A BAILEY AND RECEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE CONGRESSIONAL RECORD ON SEPTEMBER 21, 2004. ENDING DAVID A STROUD, WHICH NOMINATIONS WERE GRESSIONAL RECORD ON SEPTEMBER 21, 2004. September 30, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1741 EXTENSIONS OF REMARKS

CONGRATULATING THE MOSCONE am an original cosponsor. I too commend the 9/11, and to reflect on the impact of those FAMILY gentleman from Arizona (Mr. FLAKE) and the events on their life today. gentleman from American Samoa (Mr. One of the speakers that day was Mata HON. SANDER M. LEVIN FALEOMAVAEGA) for introducing this measure Burke, an eleventh grade student at the Donoho School in Anniston. In honor of Mata’s OF MICHIGAN to bring appropriate Congressional recognition words and in recognition of her gift for writing, IN THE HOUSE OF REPRESENTATIVES to the 60h Anniversary of the Battle of Peleliu. The Battle of Peleliu was one of the fiercest I am placing her entire speech in the CON- Wednesday, September 29, 2004 fought in the Pacific theater during the great- GRESSIONAL RECORD so that others may have Mr. LEVIN. Mr. Speaker, I rise to congratu- est war of the last century. The fall of Japan’s the opportunity to hear her thoughts about that late the Moscone family, as they receive the first line of defense in New Guinea, the Mar- fateful day. 2004 Donna Greco Issa ‘‘Family of the Year’’ shalls and the Marianas in 1944 precipitated The text of her speech is as follows. Award from the March of Dimes. The the Allied advance to the strongholds in Ja- Thank you, Mr. Speaker, for the Moscone Family continues the distinguished pan’s second defense line. Located within this House’s attention to this important tradition of strong and passionate enthusiasm line was the Palau island chain. U.S. Army matter on this important day. for family, friends, and community that has General Douglas MacArthur, wanting to free ‘‘WHO DID THIS TO US?’’ been a hallmark of this award. Palau from enemy control before beginning (By Mata Burke) Serafino Moscone was born in 1930; operations in the Philippines, convinced Presi- ‘‘Now, as we are looking back and remem- Iolanda Vitelli in 1934, both from the little town dent Franklin Roosevelt to approve his strat- bering the events of that day, it’s hard to be- of Casalvieri, Italy. The two met as children egy to win the war in the Pacific. What fol- lieve that three years have already gone by since it happened. The memory is still fresh and were married in 1949. Surrounded by lowed would be a ferocious battle on the is- in our minds, and perhaps, that is due to the family in Detroit, they began their new life to- land of Peleliu and Angaur in the Palau island fact that it’s changed our everyday lives gether. Being blessed with two children; Anto- chain lasting more than two months and cost- even now; whether it be by new security nio and Onorio, the young couple realized the ing thousands of lives. measures, constant bomb threats, or rising value of family. Serafino worked three jobs to Earlier this month, we marked the 60th An- terror alerts. However, there is one thing help provide a better life for his wife and sons. niversary of D-Day on Peleliu, on September that many people do tend to forget when re- In the 1960s, he started a construction com- 15th. On that day in 1944, the Marines of the membering that day . . . and that is, ‘‘why pany that helped to instill a strong and de- 1st Marine Division landed on the western did it happen?’’ ‘‘What were the motives?’’ and ‘‘who exactly was involved?’’ voted work ethic in their children. Today, due beaches of Peleliu to free the Palauan people Most everyone knows that the September largely to the virtues of discipline and hard- from control by the Axis powers and to ad- 11th attacks were directly linked to Al work passed along to them by their parents, vance the cause of freedom against tyranny. Qa’ida and Osama bin Laden. But many may they have become one of Macomb County’s The costs of the battle were high, the conflict not know what exactly Al Qai’da is and who leading developers and builders. Antonio and intense. The Army’s 81st Infantry Division was Osama bin Laden is. his wife Iolanda have three children. Sam, 25, later called upon to relieve the 1st Marine Divi- There are many people who think that the graduated from Michigan State University with sion. Of the nineteen Medals of Honor award- terrorists who attacked on September 11th were simply evil people who hated every- a Bachelor’s degree in Finance. Michelle, 23, ed to Marines of the 1st Division in the Pacific, thing America and freedom stand for. But graduated from Wayne State with her Bach- eight were won on Peleliu. U.S. Forces en- this is a generalization that overlooks many elor’s degree in Science of Dance and Chris- dured over 10,000 casualties; over 12,000 of the true motives behind the attacks. To tina, 20, is on the Dean’s List at Wayne State Japanese soldiers were killed in action; and really understand why these attacks hap- with plans of pursuing an Education degree. many innocent Palauan lives were caught and pened, we must look into the past at the be- Onorio and his wife Carla have two children. lost in the conflict. ginnings of Al Qai’da and at previous ter- Nino, 13, has started at De La Salle this fall Today, the Battle of Peleliu is recognized as rorist attacks across the world. Al Qa’ida is an international terrorist net- and Michael, 10, is currently attending St. one of World War II’s most important cam- work that was founded and led by Osama bin Lawrence School. paigns. The Republic of Palau today is an Laden. Al-Qa’ida first began to take shape The families continually support numerous independent nation that maintains a special after the 1979 Soviet invasion of Afghanistan. charities and foundations such as St. Joseph’s relationship with the United States, embodied It was at that time that bin Laden and a Pal- Mercy of Macomb Hospital, Italian American in a Compact of Free Association that is a tes- estinian religious scholar, Abdullah Azzam, Delegates, Children’s Charities at Adios, and tament to the shared principles of freedom began recruiting, training, and financing the Italian Chamber of Commerce. The and peace. This resolution is a strong and thousands of mujahedeen, or holy warriors, Moscone’s devotion to their community has a timely tribute to the veterans of the Battle of from more than 50 different countries. Al- though they were originally fighting to rid broad impact on individuals and organizations Peleliu. Passage of this resolution will bring Afghanistan of the Soviet invaders, bin throughout the County. appropriate Congressional recognition to the Laden urged these holy warriors to continue Mr. Speaker, I ask my colleagues to join me friendship between the Republic of Palau and their fight beyond Afghanistan. And thus, in in recognizing the Moscone family for their ex- the United States, and serve as an expression 1988, he officially founded the terrorist group traordinary commitment to their family, their of support for the Department of the Interior’s known as Al-Qa’ida, a name that is now fa- friends, and their community. They are well cooperative work with the people of Palau to miliar to people across the world. deserving of the Donna Greco Issa Family of protect the historic sites of the Peleliu Battle- Currently, there is not a specific place from which Al-Qai’da operates. Previous the Year Award. field. headquarters, such as Sudan and Afghani- f f stan were removed by force, and now, it is RECOGNIZING 60TH ANNIVERSARY thought that leaders are trying to regroup IN RECOGNITION OF MATA BURKE inside Pakistan, near the Afghan border. OF BATTLE OF PELELIU Still, it is important to realize that Al- HON. MIKE ROGERS Qa’ida operatives are not just located in the SPEECH OF Middle East. They are spread throughout OF ALABAMA many countries across the world; including HON. MADELEINE Z. BORDALLO IN THE HOUSE OF REPRESENTATIVES Italy, France, Spain, Germany, the United OF GUAM Wednesday, September 29, 2004 Kingdom and the United States. Despite the IN THE HOUSE OF REPRESENTATIVES distances that separate them, all of the Mr. ROGERS of Alabama. Mr. Speaker, on Tuesday, September 28, 2004 members of this terrorist organization share Sept. 11, 2004, teens from around the Third one major thing in common: Sunni Muslim Ms. BORDALLO. Mr. Speaker, I am pleased District gathered the campus of Jacksonville fundamentalist views. In essence, there are to rise in support of this resolution, of which I State University to remember the events of three main objectives of the Al-Qa’ida Jihad,

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

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A29SE8.016 E30PT1 E1742 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2004 or holy war based on these fundamentalist have discussed with you the probable mo- by passing this bill, and I urge the House to views. The first is to establish the complete tives of the terrorists, there can never be approve it. rule of God on Earth. Second is to attain justification for the events that occurred on f martyrdom in the cause of God, meaning to 9/11.’’ suffer and/or die in the hopes of doing God’s f HONORING DR. MILTON J. BOYD will. And lastly is to purify Islam and get rid of what they see as moral corruption within TRAIL RESPONSIBILITY AND AC- their religion’s followers. By doing this, they COUNTABILITY FOR THE IM- HON. MIKE THOMPSON OF CALIFORNIA hope to unite all pure Muslims to live under PROVEMENT OF LANDS ACT one government. It is important to note that IN THE HOUSE OF REPRESENTATIVES their goal is not to convert all non-believers SPEECH OF Wednesday, September 29, 2004 to Islam, but rather they will not let the non-believers dominate, meaning they won’t HON. MARK UDALL Mr. THOMPSON of California. Mr. Speaker, let non-Muslims push Muslim heritage out. I rise today to recognize Milton J. Boyd, Ph.D., Even though Al-Qa’ida was originally OF COLORADO Chair and Professor of Zoology in the Depart- formed to be a religious fundamentalist IN THE HOUSE OF REPRESENTATIVES ment of Biological Sciences at Humboldt State group wishing to protect and purify Islam, Tuesday, September 28, 2004 University, Arcata, California who is being the motives for the terrorist attacks are not honored for his contribution to one of our na- solely religious. Although religion is a major Mr. UDALL of Colorado. Mr. Speaker, I rise tion’s most precious rights—participation in the part of it, and indeed, has aided in the rein support of this bill, and congratulate my Col- political system. The Humboldt County Demo- cruitment of terrorist group members, other orado colleague, Mr. TANCREDO, for his leader- cratic Central Committee is recognizing Milt motives lie deep within the history of U.S. ship in introducing it. Boyd as ‘‘Democrat of the Year, 2004.’’ His involvement in the Middle East. In fact, I joined as a cosponsor of this bill because Osama bin Laden, along with other Al-Qa’ida commitment to the preservation of our political leaders have made direct statements explain- I also want to improve the ability of the land- liberty is worthy of appreciation and recogni- ing why they targeted the United States. managing agencies to adequately enforce the tion. Most of these statements refer to U.S. for- rules that apply to uses of the Federal lands. Professor Boyd, who received his Bach- eign policy in the Middle East; such as the That is also why I also introduced a related elor’s Degree from the University of California stationing of U.S. troops in and around holy bill—H.R. 751, the Responsible Off-road Vehi- at Berkeley in 1964 and his doctorate from the sites, and especially the American support of cle Enforcement and Response Act, or University of California at Davis in 1972, has Israel. In October of 2001, Osama bin Laden ‘‘ROVER.’’ My bill is narrow. It deals only with made the following statement: ‘‘We swore taught over 3000 students during his 30 years that America wouldn’t live in security until enforcement of the regulations for use of vehi- at Humboldt State University. He has served we live it truly in Palestine. This showed the cles on National Forest lands and public lands as Faculty Advisor to student clubs for under- reality of America, which puts Israel’s inter- managed by BLM. This bill goes much further. graduates and graduate students, including est above its own people’s interest. America In addition to the forests and BLM lands, it the Democrats of Humboldt State. He has won’t get out of this crisis until it gets out also applies to lands managed by the National been Faculty Advisor since 1992 to the Vet- of the Arabian Peninsula, and until it stops Park Service and the refuges managed by the eran’s Office at the university and has as- its support of Israel.’’ A few years earlier, Fish and Wildlife Service. And it addresses the sisted veterans in the Upward Bound program bin Laden had made another statement de- enforcement of all regulations, not just those and the Math and Science Center, one of only scribing the oppression he saw of Muslims in Palestine: ‘‘For over half a century, Muslims related to use of vehicles. two such programs funded in the United in Palestine have been slaughtered and as- In the Resources Committee, Mr. TANCREDO States. saulted and robbed of their honor and of and I worked with Chairman POMBO, Ranking During his tenure at Humboldt State Univer- their property. Their houses have been blast- Member RAHALL, and other Members, to de- sity, Dr. Boyd has conducted numerous reed, their crops destroyed. And the strange velop a substitute that included a number of search projects involving the marine ecological thing is that any act on their part to avenge improvements in the bill. resources of Northwestern California. The themselves or to lift the injustice befalling After the Resources Committee completed projects have broadly influenced marine re- them causes great agitation in the United its work, the measure was reviewed by the Ju- source management practices in Humboldt Nations which hastens to call for an emer- Bay and beyond. gency meeting only to convict the victim diciary Committee, and the bill now before the House reflects changes made in that com- Dr. Boyd has served two terms as HSU and to censure the wronged and the Chapter President of the California Faculty As- tyrannized whose children have been killed mittee. It also includes the provisions of H.R. and whose crops have been destroyed and 1038, the Public Lands Fire Regulations En- sociation, has a statewide service role on the whose farms have been pulverized.’’ In these forcement Act of 2003—also approved by the CFA Board of Directors and is a member of statements, bin Laden is clearly describing Resources and Judiciary Committees last the CFA Political Action and Legislation Com- how he feels Israeli attacks in Palestine have year—which would increase the maximum fine mittee. He is a faculty representative on nu- caused great oppression of the Muslims liv- for violations of regulations related to camp- merous University committees including the ing there. Thus, he sees the United States’ Academic Senate, the President’s Advisory fires. I also cosponsored that measure. support of Israel as a direct threat to Mus- Search Committee and the Strategic Plan As I said, I do support the legislation before lims and something he must retaliate Steering Committee. against. us. I hope the House will approve it, because Milton Boyd served our nation in the United Although the United States is being tar- legislation for better and more consistent en- States Army. He was Commissioned 2nd Lieu- geted by Al-Qa’ida, it is only one of many forcement of regulations is needed. However, different countries that the terrorists have tenant, Field Artillery, May 1964 and was as- we need to recognize that it is only one part signed to Battery ‘‘B’’ 1st Battalion, 6th Artil- attacked to further their cause. Osama bin of a bigger picture. Laden, maintains a strong grudge against lery Regiment, 1st Armored Division and Bat- Muslim countries in the Middle East that Even more than new legislation, it seems to talion Staff, 1964–1965. He served as Officer have allowed western infiltration and have me, the land-managing agencies need more Instructor, U.S. Army Artillery School, Ft. Sill, begun buying into westernization. Countries resources—more money and more people—if Oklahoma, 1965–1966, and instructor for Field such as Saudi Arabia, Egypt, Jordan, and we want them to do a better job. Artillery Officer Basic Course and Officer Can- Malaysia are seen as traitorous and aban- As approved by the Resources Committee, didate School. He was promoted to 1st Lieu- doning their Muslim heritage. H.R. 3247 would have helped with that, too, The September 11th attacks were not the tenant in 1965 and completed his service in first terrorist acts against the United States. by allowing the agencies to use money from 1970. There have been many, many attacks fines to help pay for some of the restoration He has served the community since 1983 against Americans in countries all around work caused by violations of regulations, as on the Board of Directors of the Arcata Com- the world. There was an explosion in Riyadh, well as for offsetting the administrative costs munity Recycling Center. He has been a Saudi Arabia in 1995 that killed four Ameri- involved in enforcement of those regulations. member of the Humboldt County Democratic cans. There was an explosion in Al-Khobar Unfortunately, the Judiciary Committee evi- Central Committee since 1994 and has dem- that killed 19 Americans and wounded more dently had some concerns about that part of onstrated a special commitment to college age than 400. There were attacks in east Africa, the legislation, and so the bill now before us the destruction of the U.S.S. Cole, previous students by engaging their interest in the attempted World Trade Center bombings, does not include those provisions. democratic process. and many more. Still, the September 11th at- This is something that I think should be ad- Mr. Speaker, it is appropriate at this time tacks set a new standard. Never before had dressed in the future, and I will seek to work that we recognize Milton J. Boyd for his con- there been such a large scale terrorist attack with other Members to do that. Today, how- tributions and service to the people of our on civilians on U.S. land. And although I ever, we can take an important step forward country.

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.019 E30PT1 September 30, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1743 IN HONOR AND IN MEMORY OF TRIBUTE TO PANAGIOTIS TAKIS grounded and possessed a clear sense of SERGEANT FOSTER L. HAR- DADIOTIS what mattered. RINGTON OF MOBILE, ALABAMA Taki Dadiotis loved his family, his friends his HON. DIANA DeGETTE country, his faith and lived a life that is rich in HON. JO BONNER OF COLORADO consequence. Truly, we are all diminished by IN THE HOUSE OF REPRESENTATIVES the passing of this remarkable person. There OF ALABAMA is an old Greek saying that ‘‘the passion for Wednesday, September 29, 2004 IN THE HOUSE OF REPRESENTATIVES freedom never dies.’’ And while Taki has left Ms. DEGETTE. Mr. Speaker, I rise to honor our ranks, his passion for the American ideal Wednesday, September 29, 2004 the extraordinary life and notable accomplish- endures in us. Please join me in paying tribute ments of Panagiotis Takis Dadiotis. This re- Mr. BONNER. Mr. Speaker, just over one to the life of Panagiotis Takis Dadiotis, a dis- markable gentleman merits both our recogni- week ago, the First Congressional District of tinguished citizen. It is the values, leadership tion and esteem as his community leadership Alabama and indeed, our entire State and Na- and commitment he exhibited during his life and invaluable service have unproved the tion, said goodbye to another casualty of the that serves to build a better future for all lives of our people. war in Iraq. Americans. Taki Dadiotis was born in Greece in the f Marine Sergeant Foster L. Harrington, a na- town of Aegion where, in his early years, he tive of New York and longtime resident of Fort worked with his father, a fruit vendor. His story APPOINTMENT OF CONFEREES ON Worth, Texas, moved to Mobile, Alabama 18 is not unlike those of other Greek Americans H.R. 4200, NATIONAL DEFENSE months ago. Twelve years ago, he had joined who came to this country with little more than AUTHORIZATION ACT FOR FIS- the Marine Corps Reserve and was most re- their optimism and a desire to build a better CAL YEAR 2005 cently assigned to an elite reserve unit, the life. Taki arrived in the United States in 1966 3rd Force Reconnaissance Company, based and first lived in Pensacola, Florida, where he SPEECH OF in Mobile. sold toothbrushes door-to-door to raise the HON. CLIFF STEARNS In June of this year, Sergeant Harrington’s fare to travel to Denver. When he arrived, he OF FLORIDA unit was activated and, following a pre-deploy- worked three jobs at the same time—at Sam- IN THE HOUSE OF REPRESENTATIVES ment stop in Camp Lejeune, North Carolina, sonite making suitcases, at King Soopers bag- was sent to Iraq. His company was stationed ging groceries and tending bar at the Picadilly Tuesday, September 28, 2004 in the Al Anbar Province of Iraq and it was in Restaurant—to build the nest egg needed to Mr. STEARNS. Mr. Speaker, I rise today in that region that, on September 20, 2004, the open his first restaurant with his brothers Sam opposition to the Motion to Instruct Conferees unit came into contact with members of the and Pete. He became a proud family man, on the FY05 National Defense Authorization Iraqi insurgency. During an exchange of fire and he and his wife Vasiliki, raised two won- Act. between the company and the insurgents, derful children, Jim and Theoni. There are many reasons to oppose this Mo- Sergeant Harrington was killed. More restaurants followed including the well- tion. During his career in the Marine Corps Re- known Greek Town Cafe on East Colfax. But First, the argument could certainly be made serve, Sergeant Harrington set a standard of Taki had a passion for politics and always that ‘‘hate crimes’’ do not belong on a National excellence and displayed the qualities of dis- found time to be involved in public life. His Defense Authorization bill. This is incredibly cipline, devotion, and dedication to country restaurant became a gathering place for elect- important legislation, and it does not deserve that are the hallmarks of men and women ed officials and influential politicos as well as to get bogged down over such a controversial throughout the long and distinguished history the site for countless State, local and national and non-germane provision. of the American military. fundraising events. Taki had an irrepressible I also oppose the notion of ‘‘hate crimes’’ in Sergeant Harrington also displayed an ac- zest for life and no one was a stranger. He general, especially at the federal level. The tive and deep concern for his neighbors in the was open and genuine and possessed a re- fact of the matter is that a crime is a crime no Mobile area, serving as a firefighter and medic freshing lack of artifice. When people would matter what motivates it. If two men are bru- with the Seven Hills Volunteer Fire Depart- try to put one over on him, he would simply tally murdered, one for his race and the other ment prior to his deployment to Iraq. A telling mention that although he lacked a formal high- for his money, are we telling the latter’s family story of his concern for others came just days er education, he did, in fact, graduate from the that their father’s death, or their husband’s before he died. Even with the difficult situation ‘‘University of Colfax’’ and they all got the drift. death, or their son’s death, is somehow worth he and his comrades were facing in Iraq, Ser- Taki was immensely proud of his Greek her- less in the eyes of the law? geant Harrington’s first concern was for his itage and preserving the ideals and traditions I would also contend that the very concept many friends and colleagues in the Mobile of Hellenism had great meaning for him. He of ‘‘hate crimes’’ is divisive and tends to Bal- area who were awaiting the arrival of Hurri- understood that his native Hellas and his kanize America. During the Civil Rights move- cane Ivan. For several days prior to his death, adopted homeland shared common values ment, black Americans strove to be treated including the Sunday before the attack which and that the greatness of America flowed from the same as white Americans. Theirs was a claimed his life, Sergeant Harrington tele- our fidelity to the Hellenic precept that govern- noble cause. Yet ‘‘hate crimes’’ betray the phoned his fiance´e to check on her and her ment derives its authority from the people. Be- cause of those who fought against segregation family and made sure they were out of harm’s coming a citizen of the United States was one by emphasizing our differences, rather than way. of the greatest honors of Taki’s life. His son our common concerns. Jim recalled how he instilled in his children a I am also concerned that if we have laws It is appropriate for us to pause and give sense of civic responsibility and the funda- which punish more severely offenders who are thanks to God that there are still young men mental importance of voting. Taki once re- motivated by certain beliefs, it increases the like Foster L. Harrington. His life and actions marked that America stands for the fair treat- risk that we will try to criminalize the actual personified the very best America has to offer. ment of all people, and that providing the op- beliefs themselves. Mr. Speaker, as you can imagine, south portunity to be successful makes our country There is no need for ‘‘hate crime’’ legisla- Alabama is truly mourning the loss of this fine better and stronger. Taki loved this country tion. Federal ‘‘hate crimes’’ prosecute property young man. I urge my colleagues to take a and he wanted to participate in the American crimes, assault and battery and murder moment and pay tribute to Sergeant Foster L. experience. He wanted to help make our against the special victims. Yet all of these un- Harrington and his selfless devotion to not country better because it gave him the oppor- derlying offenses are already illegal in all 50 only our country and the freedom we enjoy, tunity to live the American Dream. states and they are already prosecuted by the but to a people who are but now in the infant But Taki never forgot who he was or where states with great effectiveness. I am not aware stages of a new life—a new freedom—in their he came from. And although he achieved fi- of any of these types of offenses being inad- own land. nancial success, he always wanted to help, equately investigated or negligently pros- We should also remember his fiance´e, Fran not only Greek immigrants, but all those who ecuted. And let’s face it: few criminals are like- Poston, and his many friends and colleagues were disadvantaged. He didn’t want people ly to be deterred by an additional penalty for in Mobile, Alabama. Our prayer is that God that were somehow limited or didn’t have ac- a crime that is already unlawful. will give them all the strength and courage cess to civic leaders and community resources Another reason why I oppose federal hate that only He can provide to sustain them dur- to be forgotten, left out or lost in the shuffle. crimes in general and this Motion specifically ing the difficult days ahead. Taki not only had a big heart, but he was well- is because the prosecution of crimes has

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.023 E30PT1 E1744 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2004 largely always been an issue left to the states. complishments with the Boy Scouts of Amer- BROWN TREE SNAKE CONTROL The continued federalization of criminal law re- ica and for his efforts put forth in achieving the AND ERADICATION ACT OF 2004 quires a tremendous expansion in the size highest distinction of Eagle Scout. and scope of Federal law enforcement, Fed- SPEECH OF eral prosecutors, and frankly, Federal power. f HON. MADELEINE Z. BORDALLO For too long, Congress has used the Constitu- OF GUAM tion’s Commerce Clause to expand the Fed- CONGRATULATING BOB MILEWSKI IN THE HOUSE OF REPRESENTATIVES eral government’s reach in what was tradition- Tuesday, September 28, 2004 ally the jurisdiction of the states. However, the U.S. Supreme Court recently struck down two HON. SANDER M. LEVIN Ms. BORDALLO. Mr. Speaker, H.R. 3479 federal statutes in U.S. v. Lopez (1995) and was introduced to provide a more coordinated OF MICHIGAN U.S. v. Morrison (2000) because they violated and consistent approach in dealing with the our traditional constitutional divisions of au- IN THE HOUSE OF REPRESENTATIVES brown tree snake, which has decimated native thority. I would not be surprised if the Court bird populations in Guam since its accidental one day declared unconstitutional other far- Wednesday, September 29, 2004 introduction following World War II. Today, the reaching Federal crime measures, including brown tree snake poses a direct threat to the Mr. LEVIN. Mr. Speaker, I rise to congratu- environment and economies of the Mariana Is- Federal ‘‘hate crimes.’’ late Mr. Bob Milewski, as he receives the There is another constitutional problem with lands and the Hawaiian Islands, and to a less- 2004 Alexander Macomb ‘‘Man of the Year’’ giving ‘‘sexual orientation’’ special treatment. er extent, Coastal California, the Gulf States, Current characteristics which are classified as Award from the March of Dimes. and the Caribbean. If not effectively contained hate crimes under federal law include race, Bob Milewski’s business card reads: Presi- in Guam, the brown tree snake could prove to ethnicity, sex, national origin, religion, and dis- dent and CEO, Mount Clemens General Hos- be devastating should it make its way further ability. All of these characteristics—except reli- pital. Yet his influence stretches even further outside its native and historic range. The gion—are what the Supreme Court has called beyond the hospital campus, and his title brown tree snake, whose scientific name is Boiga irregularis, is especially prone to tropical ‘‘immutable.’’ That is, if a person is black, or doesn’t capture his devotion to Macomb Coun- climate and with no natural predators can vir- a woman, or from Pakistan, or paralyzed from ty and its citizens. For Bob Milewski, his voca- the waist down, it is not of their choice. It is tually destroy an ecosystem. This invasive tion is an opportunity to serve the community species has already irrevocably harmed beyond their control, they cannot change. he loves. Therefore, if their characteristic is immutable it Guam’s environment. cannot, for lack of a better description, be held Bob Milewski was born and raised in Center With the level of military and commercial air against them. Line, Michigan. He married his high school and sea traffic between Guam and points in Now, good people can disagree about this sweetheart, Nancy, and they have been mar- the Pacific Region, including Saipan and Hon- issue, but the fact remains that homosexuality ried for 33 years. All three of their children, olulu, increasing on an almost daily basis, the is not necessarily a trait with which someone Amy, Jeff and Amanda, were born at Mount need for effective control of the brown tree is born. In other words, this type of ‘‘sexual Clemens General. They are the proud grand- snake correspondingly rises. For over a decade, a Federal partnership has existed with orientation’’ is not immutable, but to a large parents of Gavin, Garrett, and Grant. degree it is chosen. The Supreme Court has the Government of Guam and the State of Ha- certainly never considered ‘‘sexual orientation’’ Bob Milewski has worked at both Children’s waii in preventing the brown tree snake’s to be an immutable characteristic. Why should Hospital of Michigan and Beaumont Hospital transport off Guam. This partnership emerged we? in Royal Oak. He came to Mount Clemens following the introduction of the first legislation Mr. Speaker, I believe that violent crimes General as Chief Operating Office (COO) in in Congress dealing with the brown tree against any American are despicable. They September, 1993 and was promoted to Chief snake. That measure was H.R. 4804 in the should be punished swiftly and severely, to Executive Officer (CEO) in September, 1997. 101st Congress, introduced by former Con- gresswoman Patricia Saiki (Hawaii) and the fullest extent of the law. But we should not Since 1997, Bob Milewski has strongly and give special treatment to certain victims, we former Congressman Ben Blaz (Guam), enthusiastically led Mount Clemens General, whose purpose was eventually incorporated should not penalize citizens for their beliefs, which has seen a 50 percent growth in inpa- and we should not federalize ‘‘hate crimes.’’ into and enacted as part of the Nonindigenous tient admissions and 300 percent growth in I urge my colleagues to vote against this Aquatic Nuisance Prevention and Control Act Motion. outpatient activity during his tenure. Of course, of 1990. H.R. 3479 builds upon this law by Mr. Milewski would say that those numbers f providing more programmatic authorization only have meaning if you know the people be- and direction for the Federal elements of the RECOGNIZING QUENTIN hind the statistics: his neighbors, church mem- overall partnership to combat the brown tree TEMPLETON FOR ACHIEVING bers, professionals, associates, friends and snake. THE RANK OF EAGLE SCOUT family who have long trusted Mount Clemens The legislation provides funding authority for General for their healthcare. eleven specific authorized activities relating to control, interdiction, research and eradication. HON. SAM GRAVES Community linkage is of the utmost impor- It authorizes appropriations for five offices and OF MISSOURI tance to Bob Milewski. Not only does he be- IN THE HOUSE OF REPRESENTATIVES agencies under the Department of Agriculture lieve the hospital should offer outstanding and the Department of the Interior to support Wednesday, September 29, 2004 healthcare to its residents, but that it should and coordinate the different elements of this Mr. GRAVES. Mr. Speaker, I proudly pause support the community by having its staff in- overall work. Apart from these two cabinet to recognize Quentin Templeton of Kearney, volved in community organizations. Mr. level agencies, it is expected that strong sup- Missouri, a very special young man who has Milewski himself is heavily involved in many port and cooperation will continue to come exemplified the finest qualities of citizenship local organizations, including Leadership from the Department of Defense, who has a and leadership by taking an active part in the Macomb, Mount Clemens Lions Club, major stake in reducing brown tree snake pop- Boy Scouts of America, Troop 397, and in Rockpointe Community Church, Selfridge Air ulations on military installations in Guam and earning the most prestigious award of Eagle National Guard Base Council, Greater Detroit in preventing the accidental or incidental trans- Scout. A recognition ceremony will be held in Area Health Council, Michigan Healthcare Ex- port of the brown tree snake off Guam. honor of Quentin on October 9th at Commu- ecutive Group and Associates, Michigan The Animal and Plant Health Inspection nity Coventry Church in Kearney. Health and Hospital Association, American Service (APHIS) has been at the center of this Quentin has been very active with his troop, College of Healthcare Executives, and the partnership, with its Wildlife Services operating participating in many scout activities. Over the American Osteopathic Association. a program to screen outbound cargo at the many years Quentin has been involved with airport and seaport for brown tree snakes. scouting, he has not only earned numerous Mr. Speaker, I ask my colleagues to join me This partnership has proven effective at inter- merit badges, but the respect of his family, in recognizing a terrific individual, an out- dicting snakes, although stands to gain much peers, and community. standing leader, and a worthy recipient of this more Federal backing and resources in order Mr. Speaker, I proudly ask you to join me in annual Macomb County recognition by the to ultimately succeed in its mission. In recent commending Quentin Templeton for his ac- March of Dimes. years the program has struggled to keep up

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.026 E30PT1 September 30, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1745 with the pace of outbound flights and surface IN RECOGNITION OF SABRINA came key leaders throughout the school and cargo. H.R. 3479 would provide for specific USSERY community in both deed and speech. authorization levels to maintain strong and Now, not only do they hold their heads higher and walk with a prouder step, the consistent Federal funding for this program. HON. MIKE ROGERS Panther Battalion as a whole has taken it From this perspective, I believe H.R. 3479 is OF ALABAMA upon itself to become more involved in the a cost-saving measure for the Federal Gov- IN THE HOUSE OF REPRESENTATIVES community. We are now co-volunteers with ernment in the long run. If our guard is let Wednesday, September 29, 2004 current Junior Achievement participants in down, and the program becomes inevitably teaching elementary students the impor- unable to keep up with the demand of in- Mr. ROGERS of Alabama. Mr. Speaker, on tance of their family, community, country, creased inspections, the value of all the in- September 11, 2004, teens from around the and world. In addition, the JROTC program spections conducted to date and the value of Third District gathered on the campus of Jack- at Lanett High has had the School Board of all Federal resources invested to date lessens sonville State University to remember the Education for Chambers County pass a man- events of 9/11, and to reflect on the impact of datory requirement for incoming freshmen and becomes jeopardized in its entirety. to complete and pass a minimum of one se- Should the snake ever become established in those events on their life today. One of the speakers that day was Sabrina mester of the class. This has and will con- Hawaii, the responsibility and need to control tinue to aid in the raising up of well infor it in yet another location would ensue, Ussery, a twelfth grade student at Lanett High formed, active citizens in tomorrow’s Amer- causing the expenditure of additional Federal School in Lanett, Alabama. In honor of her ica. funds. The costs of the adverse impact to the words and in recognition of her gift for writing, THE CADET CREED: economy of any local community hit by the in- I am placing her entire speech in the CON- I am an Army Junior ROTC cadet. troduction of the brown tree snake would be GRESSIONAL RECORD so that others may have I will always conduct myself to bring cred- beyond estimating and difficult to bear. the opportunity to hear her thoughts about that it to my family, country, school, and the Apart from the concern over consistent and fateful day. corps of cadets. The text of her speech is as follows. Thank I am loyal and patriotic. I am the future of adequate year-to-year Federal funding for the United States of America. interdiction, is the larger, more long-term con- you, Mr. Speaker, for the House’s attention to this important matter on this important day. I do not lie, cheat, or steal and will always cern about controlling for the snake to restore be held accountable for my actions and and protect Guam’s environment. To date, ef- ARMY JUNIOR ROTC: MOTIVATING YOUNG deeds. forts have largely focused, with limited and in- PEOPLE TO BE BETTER CITIZENS I will always practice good citizenship and consistent resources, on interdiction. I believe As freshmen, we entered Lanett’s JROTC patriotism. program without knowledge of how to serve I will work hard to improve my mind and more can and should be devoted towards pro- ourselves, let alone our country. Also, being strengthen my body. tecting Guam’s environment and native spe- fourteen at the time of the 9/11 occurrences, I will seek the mantle of leadership and cies. I believe brown tree snake control work fear, above all other responses, was the pri- stand prepared to uphold the Constitution carried out on Guam should be tied to, con- mary expression brought forth by the an- and the American way of life. sistent with, and made an integral component nouncement made over our intercom that May God grant me the strength to always of species recovery efforts. In this regard, I am morning. Terrified as we were, we looked to live by this creed.’’ pleased H.R. 3479 provides a specific author- our Army Instructors for answers. This is f ization of appropriations for the Fish and Wild- where our lives and experiences as well- rounded cadets began. MONTANA WATER CONTRACTS life Service to participate in this partnership. I The core curriculum of the Army JROTC EXTENSION ACT OF 2004 would also note that this legislation provides program at Lanett High School emphasizes for research authorization with the long-term the importance of a citizen’s involvement in SPEECH OF goal of eradication and with the near-term today’s world at the local, state, and na- focus on large-scale reduction. tional levels. This curriculum teaches ado- HON. DENNIS R. REHBERG H.R. 3479 also provides important direction lescents the responsibilities of being a cit- OF MONTANA and purpose for the Brown Tree Snake Tech- izen and offers opportunities for them to ex- IN THE HOUSE OF REPRESENTATIVES nical Working Group that has convened over perience, first handedly, the reward of being Tuesday, September 28, 2004 informed. In an attempt to keep us up to the years to provide a forum for the partners date with our current events, classroom de- Mr. REHBERG. Mr. Speaker, today the across the levels of government to coordinate bates and/or discussions were held both in House will consider H.R. 5009, legislation to their efforts. The legislation outlines specific and out of class. These discussions sparked extend water service contracts between the duties and activities for the working group, in- interests and opinions in our young minds as United States and specific water users in Mon- cluding the evaluation of Federal activity and we began to ponder the idea of being, for the tana. funding. It is hoped that the working group’s first time, independent minded individuals. The bill is non-controversial and the House evaluation and reporting would provide Con- Our Army Instructors also encouraged us on a daily basis to volunteer and take part in Resources Committee unanimously passed gress with authoritative and useful information community events: Color guard presen- H.R. 5009 on September 22, 2004. to consider in the appropriations process. Fur- tations, dedications of the flag, memorial My legislation affects 5 water entities in cen- thermore, I believe the five-year authorization services, etc. At this point, the instructors tral and southwest Montana, including the City period contained within the legislation can understood something we didn’t. In our of Helena and 4 specific irrigation contractors. yield a process by which we are able to evalu- minds, the ideals and practices of patriotism It permits the Bureau of Reclamation and ate the progress of the work. Without the di- and participation were nothing more than these local water entities to extend their exist- rection and authorization embodied in this leg- routines. It wasn’t until the morning of 9/11 ing long-term water service contracts for up to islation, I am concerned that the Federal Gov- that we began to realize the purpose, mean- another 2 years, so that the parties may nego- ing, and emotion behind being a cadet. ernment will forever be engaged in an effort to It was 9:52 A.M. when the intercom came tiate new long-term contracts. prevent the brown tree snake from leaving on, and we expected a fellow cadet to recite This bill is a legislative fix to a bureaucratic Guam, and will likely prove unsuccessful in the pledge as a part of our daily routine. To situation. Most of the contracts addressed in the long run. Without this legislation, I am also our surprise, it was our librarian reporting my legislation are due to expire on December concerned that future efforts will be focused to the school the events of the morning. Out 31, 2004. Contract renewal negotiations be- on interdiction and interdiction alone at the ex- of confusion, our eyes fell upon Major tween these local water districts and the Bu- pense of Guam’s environmental and economic McQueen, our Senior Army Instructor. Be- reau of Reclamation have been delayed by hind his common readjustment of his glass- interests. es, we saw tears beginning to roll down his Missouri River Endangered Species Act stud- Although, not all provisions of the bill as in- cheeks. He then turned towards our class- ies and other issues. Without this legislation, troduced have been retained in the version room flag and saluted. the water service contracts would expire at the before the House today, I am pleased that we The temperature seemed to suddenly drop, end of the year and the local entities would have been able to craft a product that I be- and we were all frightened. As we stood and lose significant water service. The contract ex- lieve will encourage more direction, coordina- watched our hero, our teacher, our friend cry tensions will maintain the current water supply tion and consistency in year-to-year funding over such an announcement, we realized the for the specified areas under the current terms for brown tree snake interdiction, control, re- importance and devastation behind the oc- and conditions during the renegotiation proc- currences of the morning. We knew some- search, and eradication efforts. I look forward thing wasn’t right. It was then that matu- ess. to continuing to work with the leadership of the rity fell upon our shoulders. I urge my colleagues to support this impor- committees with jurisdiction to enact this legis- As time passed, those students who were tant measure and vote in favor of maintaining lation. cadets during the time of 9/11 attacks be- water supply in Montana.

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.030 E30PT1 E1746 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2004 HONORING THE LIFE OF PETTY final two decorations but they speak directly to Although it is now 20 years since the dis- OFFICER 3RD CLASS NATHAN his characteristics of selflessness, leadership aster, approximately 10–30 people continue to BRUCKENTHAL and sacrifice. For his heroic intercept of the die every month in Bhopal from toxic exposure suicide vessel, P03 Bruckenthal was post- and 150,000 people continue to suffer long- HON. STEVE ISRAEL humously awarded the Bronze Star with Valor term health consequences from the disaster. OF NEW YORK and the Purple Heart. The effects of the toxic gases also appear to IN THE HOUSE OF REPRESENTATIVES Words do not easily capture the greatness be harming the next generation, as more over- of a young man like Nathan Bruckenthal nor whelming evidence is surfacing that points to Wednesday, September 29, 2004 can they do justice to his sacrifice or to the higher incidence of health effects and birth-de- Mr. ISRAEL. Mr. Speaker, I rise today to deep loss of his family. However, it is our duty fects among children born to gas-affected peo- honor the life of Nathan B. Bruckenthal, a life to ensure that the legacy of this great Amer- ple. that he gave for his country. P03 Bruckenthal, ican, like that of many who have fallen with A host of international organizations and U.S. Coast Guard, was killed in action at the him, is known and honored. Tom Brokaw independent investigators have concluded that Khawr Al Amay Oil Terminal off the coast of wrote not so long ago about what he termed Union Carbide’s inadequate technology, dou- Iraq on 24 April 2004 in a terrorist-suicide ‘‘The Greatest Generation.’’ He illustrated that ble standards in safety and emergency-pre- bombing. DC3 Bruckenthal became the first they were people who knew there was a need paredness compounded by a reckless cost- Coast Guardsman to lose his life in combat for service and then quietly answered that call. cutting drive at the plant were the principal since Vietnam. They were people who sacrificed so much but causes of the disaster. Based on these inves- P03 Bruckenthal was born on July 17, 1979. complained very little. They were people who tigations and other evidence, the authorities in Growing up in Stony Brook, Long Island, he labored far away while penning letters to loved India brought criminal charges against Union had a strong sense of service from his earliest ones at home speaking only of happiness, Carbide, its Indian subsidiary as well as local years. A member of the Junior ROTC while in their love and their future. Nathan Bruckenthal managers in 1987 for criminal negligence and high school and later a volunteer firefighter in may not have served with the men and reckless indifference leading to death. Ridgefield, Connecticut, Bruckenthal later re- women who are part of that WWII generation, In 1989, Union Carbide negotiated a settle- turned home to Long Island where he joined but I can tell you he would be right at home ment of $470 million with the Indian govern- the Coast Guard. with them. ment that was based on inaccurate statistics Bruckenthal went on to serve at Coast f about the scale and magnitude of the disaster Guard stations in Montauk, New York; York- in addition to being widely condemned by the town, Pennsylvania; and Neah Bay, Wash- PERSONAL EXPLANATION media and responsible jurists in India as insuf- ington. Having volunteered to become a dam- ficient, even when compared to compensation age control officer, Bruckenthal made an even HON. CHRISTOPHER SHAYS awards provided for under Indian law. The Su- greater commitment to continued service by OF CONNECTICUT preme Court of India in its judicial review of reenlisting, a decision he made with his new IN THE HOUSE OF REPRESENTATIVES the settlement in October 1991 held that the wife Pattie whom he had met while serving in criminal charges could not be overturned or Washington. Bruckenthal was subsequently Wednesday, September 29, 2004 dismissed based on the civil settlement and selected for the elite Coast Guard tactical law Mr. SHAYS. Mr. Speaker, on September 28, directed that the criminal prosecution against enforcement program and assigned to inclement weather delayed the train I was Union Carbide and the Indian accused must TACLET South, housed at the Coast Guard’s riding back to Washington and, therefore, I proceed in the courts of India. Miami Air Station. missed three recorded votes. When Union Carbide was served with a Lauded for his leadership by his com- I take my voting responsibility very seriously summons in the criminal case by the Bhopal manding officers and continually decorated for and would like the CONGRESSIONAL RECORD to District Court in 1992, and a notice to appear his achievements, P03 Bruckenthal was se- reflect that, had I been present, I would have for trial was published in the Washington Post, lected for deployment to Iraq where he would voted ‘‘yes’’ on recorded vote number 473, Union Carbide’s spokesmen responded with a work not only with the Coast Guard but with ‘‘yes’’ on recorded vote 474, and ‘‘yes’’ on republic statement that the company was not the Navy and numerous foreign services. His corded vote 475. subject to the jurisdiction of India’s courts in dedication to service was needed in what f disregard of universally accepted international would soon be a war zone; his leadership was law regarding criminal jurisdiction acknowl- needed to make working with so many dis- BHOPAL RESOLUTION edged by both the United States and India. parate services a success. P03 Bruckenthal Based on its refusal to appear to face criminal went on to work in and around the critical Iraqi HON. FRANK PALLONE, JR. charges against it, the Bhopal District Court port of Um Qasar before being redeployed to OF NEW JERSEY issued non-bailable arrest warrants for Union the United States. But one tour of duty was IN THE HOUSE OF REPRESENTATIVES Carbide, ordered that its remaining properties not enough for a man who always sought in India be attached to secure its appearance Wednesday, September 29, 2004 greater service. He volunteered to go back to and declared that the company was a ‘‘pro- Iraq. Mr. PALLONE. Mr. Speaker, I introduced a claimed absconder’’ or fugitive from justice. While serving on his second tour, resolution today in recognition of the 20th an- Union Carbide has recently become a whol- Bruckenthal learned his wife was carrying his niversary of the Union Carbide Corporation ly-owned subsidiary of The Dow Chemical unborn child. Still he soldiered on. While pa- gas leak that took place in Bhopal, India, in Corporation, which made the decision to ac- trolling in the Persian Gulf and training two December 2004. This 1984 Bhopal Gas Leak quire the company with full knowledge, ac- Navy seamen on intercept operations, P03 Disaster is widely regarded as the worst cording to its own public statements, of the Bruckenthal noticed a suspicious vessel. peacetime environmental catastrophe in world criminal charges pending against it and Union When the vessel would not heed his com- history, and this important resolution ex- Carbide’s status as an absconder or fugitive mands, Bruckenthal moved with his crew to presses the commitment of the United States from justice. Despite repeated public requests intercept the vessel. The vessel exploded and Congress to work with the Government of and protests around the world, Dow Chemical P03 Bruckenthal and his two crewmates were India and others to ensure that Union Carbide has refused to make its new subsidiary appear killed. Their selfless action saved the U.S.S. provides environmental and medical rehabilita- before the Bhopal District Court to face the Firebolt and its sailors as well as the off shore tion in Bhopal and is held responsible for its criminal charges pending against it for the dis- oil platform and terminal at Khawr Al Amaya. actions. aster. P03 Nathan Bruckenthal had now made the On the night of December 2, 1984, 27 tons Like Union Carbide before it, Dow Chemical ultimate sacrifice for his country: he gave his of poisonous gas including methyl isocyanate has, to date, continued to refuse to release all life. leaked from a storage tank at the Union Car- scientific research on the leaked gas, claiming P03 Bruckenthal had been well decorated bide Corporation’s pesticide plant in Bhopal that this information constitutes a commercial during his career, earning the USCG Marks- and quickly spread to the surrounding residen- ‘‘trade secret’’. Like Union Carbide before it, manship Ribbon, the Unit Commendation tial areas. Official estimates indicate a death Dow Chemical has also continued to refuse to Award, the Coast Guard Sea Service Ribbon, toll of 3,000 lives in the aftermath of the dis- release all of its own medical research on the National Defense Service Medal, the Coast aster, with unofficial estimates putting the toll toxicology of the leaked chemicals and gases Guard Merit Team Commendation and the much higher at 8,000. To date, the death toll to date. The lack of information on the gas Combat Action Medal. He will not know of his has climbed to more than 20,000 lives. has not only hindered the study of the long-

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.034 E30PT1 September 30, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1747 term health and medical effects of exposure, and as a result, our countries should come to- piece of Chicago’s grand new Millennium Park but has left doctors with few options besides gether to recognize the gravity of the Bhopal is the Joan W. and Irving B. Harris Music and symptomatic treatment of the hundreds of disaster and the ongoing environmental prob- Dance Theater, which was made possible by thousands of gas-affected individuals and chil- lems in Bhopal caused by Union Carbide’s Irving’s tremendous donation of $39 million to- dren. The devastating health effects of the policies and practices. ward the $52 million cost. gas, the birth defects of their children and in- I encourage my colleagues in the U.S. Con- Mr. Speaker, on behalf of the people of Chi- ability to work because of illness have forced gress to support this resolution and commit to many Bhopali families in desperate need of working together with the Indian government, cago, I am privileged to honor the memory of medical help into insurmountable debt. Dow Chemical Corporation, and the victims to Irving B. Harris, one of Chicago’s greatest hu- Since 1999, at least three independent envi- ensure that Union Carbide provides complete manitarians. My family and I would like to ex- ronmental surveys, including one conducted medical, social, and economic rehabilitation to press our deepest condolences to Irving’s wife by state authorities in India, have shown that the victims of the disaster. In addition, we Joan, his sister, June Barrows, his 6 children, the former Union Carbide plant has badly pol- should work together to ensure that Union 10 grandchildren, and 26 great grandchildren. luted the soil and groundwater aquifer beneath Carbide undertakes a complete environmental it resulting in severe contamination of the remediation that restores the badly polluted f drinking water supply of as many as 20,000 plant site affected by this disaster to a habit- people living in residential colonies near the able condition and fully remediates the drink- FOURTH ANNIVERSARY OF THE plant. One study found the presence of a large ing water supply of affected residential com- PALESTINIAN INTIFADA number of highly toxic pollutants in drinking munities. Lastly, we need to ensure that Union water samples tested by the University of Exe- Carbide appears before the Bhopal District ter in the U.K. that were matched with chemi- Court for prosecution on the criminal charges HON. JOSEPH CROWLEY pending against it there, in accordance with cals found in soil samples from the Bhopal OF NEW YORK plant, including one carcinogenic chemical principles of international law regarding crimi- whose presence in the drinking water exceed- nal jurisdiction accepted by the world commu- IN THE HOUSE OF REPRESENTATIVES nity including India and the United States. ed by 1,705 times the maximum limit allowed Wednesday, September 29, 2004 by the World Health Organization. f Another environmental survey was able to HONORING IRVING B. HARRIS Mr. CROWLEY. Mr. Speaker, on the fourth trace chemicals from the former Union Car- anniversary of the Palestinian Intifada, I would bide plant in the breast milk of mothers living like to send my condolences to all the families in the residential areas in the vicinity of the HON. RAHM EMANUEL OF ILLINOIS that have lost a loved one or suffered from a badly polluted site, which continues to leach terrorist attack. pollutants into the groundwater aquifer to date. IN THE HOUSE OF REPRESENTATIVES The land for the plant was leased from the Wednesday, September 29, 2004 These have been a long four years of vio- State of Madhya Pradesh in India which stipu- Mr. EMANUEL. Mr. Speaker, I rise today to lence since the Palestinian Intifada began on lated that, upon termination, the land would be mark the passing of one of Chicago’s greatest September 28, 2000. Today, on the fourth an- returned to the State in the condition that it philanthropists and most successful business- niversary of this terrorist war waged against was first leased and suitable for the use pre- men, Irving B. Harris. Since the creation of his our ally Israel, I believe it is important for us scribed by the zoning regulations. The State first nonprofit foundation, Irving Harris’ gen- all to reflect on these past 4 years. discovered that clean-up of the site until 1998 erosity touched the lives of the people, and What has this terrorist war achieved—the had been insufficient leaving thousands of particularly the children, of Chicago for nearly answer to that question is only blood shed. metric tons of toxic wastes, chemical by-prod- 60 years. Since the start of the Intifada, 940 innocent ucts, effluents, and other hazardous materials As co-owners of Toni Home Permanent both above-ground on the premises of the fac- Company, Irving Harris and his brother Neison Israelis have been murdered and thousands tory and below ground in burial pits and land- were pioneers in the at-home hair wave craze more injured by terrorist attacks. Even with all fills, all of which posed a grave threat to the of the mid–20th century. By 1948, the Harris’ the blood on the hands of these terrorists, surrounding population. company had become so successful as to sell they have been unable to come close to At least 10 residential areas in the vicinity of it to Gillette for $20 million. Irving went on to achieving their goal of destroying the state of the former Union Carbide plant were found to become the chairman of Pittway Corporation, Israel or creating a Palestinian state. The only have severely polluted drinking water accord- a multi-billion dollar corporation his family ran thing these terrorists have achieved is the ing to these environmental studies and no until 2000. murder of so many and causing pain to their substantive effort has been undertaken for en- But as Irving’s wife Joan said ‘‘He liked own people. vironmental remediation of the area leaving business, and he was good at it. But I think in A state for the Palestinian people will never water that has high levels of mercury, the end, what really yanked his chain was his be achieved while terrorists continue to strike dichlorobenzenes, chloroform, carbon tetra- work with the not-for-profits.’’ Chicago’s cul- Israel. Whether they come from territory con- chloride, and other pollutants, toxins, and tural and education scene was forever trolled by the Palestinian Authority, through heavy metals. Soil samples from the area changed by this love. Lebanon, Syria, or Iran peace can never be have found abnormal amounts of lead, nickel, During Irving Harris’ lifetime, his foundations achieved while extremists wage this terrorist copper, chromium, hexachlorocyclohexane, and generosity led to the creation and devel- and chlorobenzenes. Tainted water and the opment of several noteworthy Chicago institu- war on Israel. generally toxic living environments have lead tions charged with early childhood develop- It is time for the governments of the Middle to premature cancer, deformities, chromo- ment. These include the Erikson Institute for East to step up and work with the Palestinian somal aberrations, and other disorders for Advanced Study in Child Development, the leadership to end all support for terrorism and Bhopali children. Ounce of Prevention Fund, Illinois’ first public- assist a Palestinian government that can pro- There is a ‘‘polluter pays’’ principle en- private partnership to develop and monitor vide the security that is needed to realize their shrined in the domestic laws of both India and programs aimed at preventing family dysfunc- dream of a state. The first step toward achiev- the United States as well as both domestic tion, and the Beethoven project, which pro- ing this goal is for Palestinian Prime Minister and international law which states that the pol- vides assistance and help to at-risk families in Ahmed Qurie to crack down on terrorists who luter rather than the public agencies or tax- Chicago’s most disadvantaged neighborhoods. continue to strike Israel. To do this Yassir payers should be held responsible for its envi- Irving Harris was also very committed during Arafat must be removed from any position of ronmental pollution in its entirety. International his lifetime to higher education. The University power and control of the security forces must trade and ethical practices compel Dow of Chicago opened the doors on the Irving B. be centralized. Chemical to treat this matter very seriously Harris School of Public Policy in 1988, com- and ensure that equitable treatment be af- mitted to shaping and understanding public life Mr. Speaker, this anniversary is something I forded to the victims and their progeny. by conducting policy relevant research and hope we do not have to recognize at this time Mr. Speaker, India is the largest democratic preparing talented individuals to become lead- next year. I hope that peace can be achieved country in the world and enjoys a close and ers and agents of social change. but until then we must continue our support of mutual friendship with the United States based Right until the end of his life, Irving Harris Israel and her fight against these extremist on common values and common interests, left his mark on the city he loved. A Center- elements.

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.038 E30PT1 E1748 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2004 A TRIBUTE TO THE LIFE OF To his mother Marion, wife Jane and their Mr. Speaker, one of the greatest tributes to JAMES O. PAGE four children, I would like to say thanks for al- Mr. Nixon, who is lovingly referred to as ‘‘Doc lowing Jim the liberty and opportunity to share Nixon’’ by the many people who he served HON. CURT WELDON his talents and passion with the fire and emer- over the years, is the success of his four chil- OF PENNSYLVANIA gency services. He has left an indelible mark dren who are all Ivy-League educated and IN THE HOUSE OF REPRESENTATIVES on public safety. When those who knew Jim successful as businessmen and women. Mark, best describe him, they say that he was a bril- his eldest son, is a marketing executive, Wednesday, September 29, 2004 liant leader, and then they invariably add that Tracy, his oldest daughter is an entrepreneur, Mr. WELDON of Pennsylvania. Mr. Speaker, he was always a gentleman and a genuinely Jennifer is an obstetrician and gynecologist on behalf of the Congressional Fire Services nice person. We will miss him, yet never for- and Alison is a conference coordinator. Mark, Caucus and the Congressional Fire Services get the legacy he leaves behind to the fire and Tracy and Allison are married with families of Institute, I would like to take this opportunity to emergency services and to this great Nation. their own. celebrate the life of James O. Page, a dear f Mr. Nixon was born and raised in Smithfield, friend of mine who suddenly passed away on North Carolina in 1934. He earned his Bach- September 4, 2004. The founder of JEMS PERSONAL EXPLANATION elor Degree in Science and Pharmacy at Communication, Chief Jim Page was highly Texas University. Drafted to serve his country regarded as the father of modern emergency HON. HAROLD ROGERS in 1959, he served two years at Ft. Gordon in medical services (EMS). OF KENTUCKY Augusta, Georgia. In 1957, Jim began his fire service career IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Mr. Nixon had an old fash- with the Los Angeles County Fire Department. Wednesday, September 29, 2004 ioned country pharmacist approach to helping He served in numerous locations and roles people. When his children asked him what he while working his way through the ranks and Mr. ROGERS of Kentucky. Mr. Speaker, on Tuesday, September 28, I had prior commit- liked most about being a pharmacist on St. completing undergraduate and law degrees at Croix, he said he liked meeting and helping night. In 1971, he was assigned by his departments and was not present for rollcall votes Nos. 473, 474 and 475. The votes were on a people and being a part of the health care ment to coordinate the countywide implemen- team for the island. His children remember tation of paramedic rescue services. At the Pelosi motion to instruct conferees on H.R. 4200, a motion to close portions of the con- that after St. Croix was devastated by Hurri- same time, he served as technical consultant cane Hugo in 1989, how Charles Nixon and writer for the hit television series ‘‘Emer- ference on H.R. 4200, and S. 2363. Had I been present, I would have voted ‘‘nay’’ on worked long hours to provide as many people gency.’’ Jim later served as Chief of EMS for as possible with their much needed medica- the State of North Carolina and Fire Chief for rollcall No. 473, and ‘‘yea’’ on rollcall Nos. 474 and 475. tion and in some instances, he personally de- the City of Monterey Park, CA. livered the medication to their homes after In 1979, Jim launched JEMS and turned it f work. into one of the world’s most respected sources CONGRESSIONAL BIRTHDAY TRIB- His children remember that after their moth- of information for emergency services. In addi- UTE TO PHARMACIST CHARLES er’s death, the local newspaper mentioned the tion, he oversaw the launch of FireRescue NIXON ON OCCASION OF HIS 70TH urgent need for a substitute pharmacist since Magazine, for which he wrote the highly re- BIRTHDAY its only pharmacist, their dad, was out on be- garded Burning Issues column. In 2001, he re- reavement leave. This ‘‘mention’’ illustrated for tired from JEMS Communication and was HON. DONNA M. CHRISTENSEN them just how many lives a pharmacist touch- named Publisher Emeritus. A prolific writer, OF THE VIRGIN ISLANDS es and how many people depend on them al- Jim published five books, wrote more than 400 IN THE HOUSE OF REPRESENTATIVES ways being there. magazine articles and editorials, and pre- Mr. Speaker, on the eve of his 70th birth- sented more than 800 public speeches. Wednesday, September 29, 2004 day, Mr. Nixon continues his work as a phar- In recent years, Jim has been traveling the Mrs. CHRISTENSEN. Mr. Speaker, I rise macist on St. Croix at the Kmart Pharmacy in country visiting the 100 ‘‘best small towns’’ in today to recognize the contributions of a quiet, Frederiksted. I never go there without stopping America to profile each town’s fire department. family man who served the community of my to visit with him and catch up on old times and To date, his journey had taken him to 30 de- home island of St. Croix, U.S. Virgin Islands the latest accomplishments of his children. He partments. At the conclusion of his travels, I for over 30 years and who will celebrate his has re-married to the former Lucille Jacobs was hoping to have him testify on Capitol Hill. 70th birthday on October 2nd. Mr. Speaker, and spends his free time playing golf, traveling I looked forward to hearing him share his ex- Charles Elvis Nixon came to St. Croix with his and visiting with his three granddaughters. I perience—lessons learned and lessons that family in 1970 and has contributed to its am proud and honored to be able to call could be applied to how the Federal Govern- health and well being as a pharmacist, small Charles Nixon my friend. ment could better address the needs of local businessman and good friend and neighbor. Charles Nixon’s friendliness, willingness to first responders. Mr. Speaker, from 1970 through 1985, listen and help, his professionalism, his dedi- In 1987, I formed the Congressional Fire Charles Nixon owned and managed a small cation to his work, his integrity and success as Services Caucus to bring a greater awareness chain of drugstores, namely the Center Phar- a father and husband, his success as an en- of the fire and emergency services to Capitol macy, Island Pharmacy and Corner Drugs, trepreneur, his adoption of St. Croix as home Hill. Since day one, Chief Page was a believer which were the main centers that met pharma- and his belief in the power of God’s love in the Caucus and helped to form the Con- ceutical as well as other needs for the people makes him eminently worthy of this recogni- gressional Fire Services Institute. The success of St. Croix. His Corner Drug Store was right tion on behalf of the people of St. Croix, the of both the Caucus and Institute was achieved down the hall from my family practice. More entire Virgin Islands and our Nation. through the wisdom and knowledge of those than just professional neighbors, we became f individuals beholden to the missions of these friends and he was a sounding board for my organizations. Jim was with us since day one early political ideas. We raised our children to- IN HONOR OF ARMY RESERVE PRI- and was always willing to offer his support to gether. VATE FIRST CLASS NATHAN strengthen our missions. During that time, Mr. Nixon also co-owned STAHL Jim strived for a better fire and emergency the Caribbean Medical Supply Company with services. A fitness advocate, he challenged his late wife, Laura and the St. Croix Surgical HON. PETER J. VISCLOSKY the fire and emergency services to take better Center, the island’s first privately owned am- OF INDIANA care of their own. He earned many accolades bulatory surgical service. IN THE HOUSE OF REPRESENTATIVES along the way, all of which were well de- Since 1985, he has served the people of St. served. In 1995, the International Association Croix as a pharmacist at various locations in- Wednesday, September 29, 2004 of Fire Chiefs created an annual award in his cluding Gore Pharmacy in Gallows Bay, D&D Mr. VISCLOSKY. Mr. Speaker, it is with name, the James O. Page Award of Excel- Apothecary in Frederiksted and Drug World great pride and respect that I wish to com- lence. In 2000, Fire Chief Magazine recog- Pharmacy in Sion Farm. He also worked for mend Army Reserve Private First Class Na- nized him as one of the 20 most influential fire the Virgin Islands Department of Health from than Stahl for his bravery in the field of battle chiefs of the 20th century. In 2002, JEMS 1993 to 2000 as the pharmacist for the Med- and his willingness to fight for his country. In Communication created the annual ‘‘James O. ical Assistance Program at the Frederiksted January 2004 Private Stahl was assigned to Page’’ EMS Award. Health Center. the 2nd Battalion, 75th Ranger Regiment from

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.042 E30PT1 September 30, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1749 Fort Lewis, Washington. Private First Class part of the U.S. House of Representatives. He employer in Oakland County Michigan Circuit Stahl lost his life on Tuesday, September 21, was a great champion for the causes that con- Court, charging that their employer had hidden 2004 in central Iraq when his vehicle was cerned so many Michiganders. He worked a camera in a locker-room exit sign. A worker struck by an explosive device. His sacrifice will every day of his life to be the champion of the at a state college was shocked to discover be remembered at funeral services on Friday, working poor and the middle class. that her employer had secretly videotaped her October 1, 2004 by a community that has Bill Ford was a Member of the House from changing her clothes in her office after work. been struck hard by the devastating loss of 1965 to 1995 representing Michigan’s 15th A waitress at a restaurant was spied on in the one of its own. and 13th Congressional Districts. During his employee changing room when she got A native of Highland, Indiana, Private Na- thirty-year tenure, he served as Chairman of dressed for work. than E. Stahl graduated from Highland High the House Committee on Post Office and Civil Mr. Speaker, these are just a few examples School. Private Stahl loved documentary-style Service and as Chairman of the House Com- of the conduct that the legislation Congress- war movies and dreamed of becoming a mittee on Education and Labor. man ANDREWS and I are introducing today is United States Army Ranger. As a teen, he He was the oldest child of immigrant Scot- intended to prevent. The Employee Freedom joined the Civil Air Patrol Air Force Academy. tish parents and the first member of his family from Invasion of Privacy Act would help en- Private Stahl enlisted in the army before his to attend college. Following his service in the sure that workers can go to work without won- high school graduation, and the experience he U.S. Navy, he attended the University of Den- dering whether their employer has hidden a gained from the Civil Air Patrol immediately ver on the GI Bill. video camera in the bathroom or a micro- earned him the rank of Private First Class out He was the author of the Middle Income phone in the office ceiling. of basic training. Student Assistance Act, the Plant Closing Act Under the Employee Freedom from Invasion It came as no surprise to those who knew and orchestrated the passage of the Family of Privacy Act, an employer who violates the Private Stahl that he would serve his country. Medical Leave Act, the first law signed by prohibition against video or audio monitoring A true patriot, his love for his country was evi- President Bill Clinton in 1993. In 1994 The of any area on an employer’s premises where dent from the time that he was a child. He Federal Direct Student Loan program was workers change clothing would be liable to the wanted to help make a difference in the world. named for him in recognition of his efforts to United States Government for a civil penalty of At the age of 13 he insisted he and his mother expand educational opportunities for students up to $10,000 for each violation. talk with Army recruiters. He left for basic and lower the cost of education for them. The bill also authorizes the Secretary of training at 19. Private Stahl wanted to be a A champion of federal compensatory edu- Labor to seek injunctive relief against an em- hero. Despite the danger, Private Stahl’s cation programs to serve educationally dis- ployer so as to stop future violations of the mother signed her son’s release papers be- advantaged children; he was an original spon- prohibitions contained in the legislation. cause she knew it was what he wanted. He sor of the Elementary and Secondary Edu- Enactment of the Employee Freedom from was initially sent to the airborne infantry for cation Act of 1965. He had a special interest Invasion of Privacy Act would strengthen the training but they found an opening for him in in programs serving students from migrant right to privacy at a time when the growing the United States Army Rangers and he was farm worker families. use of surveillance technologies at the work- ecstatic. Private Stahl felt tremendous pride His father’s death in a factory accident led place has endangered this most fundamental for his country, and he was willing to endanger to a lifelong commitment to protect the health of American values. and safety of employees in the workplace. his own life to protect the lives of his fellow f citizens. His courage and heroism will always Prior to serving in Congress, he was a dele- be remembered, and his sacrifice will forever gate to the Michigan Constitutional Convention BENNETT FREEZE live in the hearts and minds of those for whom and a member of the Michigan State Senate. REHABILITATION ACT OF 2004 he battled. He gave his life so that the free- He also served as city attorney of Melvindale, doms and values that he treasured could be Michigan; as attorney and as justice of the HON. RICK RENZI peace of Taylor Township, Michigan. enjoyed by those around the world. OF ARIZONA He is survived by three children, William D, Although he loved his unit and his country, IN THE HOUSE OF REPRESENTATIVES Ford Jr., Margaret Ford VanVleet and John Private Stahl treasured his family above all Wednesday, September 29, 2004 else. He is survived by his mother and step- Ford; three grandchildren, a sister, Janet Ford, father, Towina and Rodney Nightingale, his fa- and a brother, Robert Ford. A memorial serv- Mr. RENZI. Mr. Speaker, I rise today to in- ther and stepmother, Max and Virginia Stahl, ice will be held tomorrow here in Washington. troduce the Bennett Freeze Rehabilitation Act Michigan is a better place because of the and two sisters, Nicole and Abigail. Private of 2004. work and dedication of William D. Ford. His Stahl will also be deeply missed by his fiance´e The Navajo Nation is the largest Native life left its mark on our state, his death is a Tiffany Metzler, who is currently serving in the American reservation in the United States with tremendous loss. Our sympathies go out to his United States Army. These individuals were some of the poorest living conditions in the loved ones, many friends and his dedicated the heroes to a man that we will forever call world. Currently, more than 8,000 people are former staffers in Washington and Michigan. a hero, and we should honor them in this tu- living in an area called the Bennett Freeze. multuous moment as well. f Only 10 percent of those living in the Bennett Mr. Speaker, at this time I ask that you and INTRODUCTION OF THE EMPLOYEE Freeze have running water and only 3 percent my other distinguished colleagues join me in FREEDOM FROM INVASION OF have electricity. honoring a fallen hero, United States Army PRIVACY ACT In 1966, former Bureau of Indian Affairs Reserve Private First Class Nathan E. Stahl. Commissioner Robert Bennett administratively He will forever remain a hero in the eyes of HON. THOMAS E. PETRI issued the Bennett Freeze to restrict the Nav- his family, his community, and his country. Let ajo Nation from constructing and repairing OF WISCONSIN their dwellings on land that was subject to a us never forget the sacrifice he made to pre- IN THE HOUSE OF REPRESENTATIVES serve the ideals of freedom and democracy. land dispute with the Hopi Tribe. Wednesday, September 29, 2004 In 1992, the Bennett Freeze was temporarily f Mr. PETRI. Mr. Speaker, today, with my col- lifted. At this time, more than $20 million was ON THE DEATH OF FORMER league, Congressman ROB ANDREWS, I am in- proposed to rehabilitate the Bennett Freeze CONGRESSMAN BILL FORD troducing the Employee Freedom from Inva- area. Shortly after the Bennett Freeze was lift- sion of Privacy Act. ed, however, a Federal judge reinstated the HON. JOHN D. DINGELL This legislation would prohibit the video or Freeze. OF MICHIGAN audio monitoring of an employee in any area In the last few years, the Navajo Nation and IN THE HOUSE OF REPRESENTATIVES on an employer’s premises where an em- the Hopi Tribe have been involved in exten- ployee changes clothing. sive settlement negotiations. I am hopeful that Wednesday, September 29, 2004 Unfortunately, there have been a number of the hard work by both the Navajo Nation and Mr. DINGELL. Mr. Speaker, I rise with great cases where employers have been caught en- the Hopi Tribe will result in an end to the Ben- sadness this evening to announce the death gaging in secret surveillance via video or nett Freeze. I commend the work of President of our former colleague, Congressman William audio equipment of their employees in these Joe Shirley and Hopi Chairman Wayne Taylor D. Ford. Mr. Ford died August 14th while the situations on the job site. for their leadership on this issue. House was adjourned. Congressman Ford For example, the Wall Street Journal re- Mr. Speaker, the Bennett Freeze Rehabilita- spent three decades serving the Nation as ported that 19 locomotive engineers sued their tion Act of 2004 will repeal the Bennett Freeze

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.047 E30PT1 E1750 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2004 and ensure that a source of funding is avail- chairman of the Committee of 100 of the I would also like to thank Natalie Carlise for able to assist the families living in the Bennett Greater Tampa Chamber of Commerce and providing the enthusiasm at the relatively new Freeze area. chairman of the Board of Fellows of the Uni- Boys and Girls Clubs of Sparta. Terry, Natalie, The Bennett Freeze Rehabilitation Act of versity of Tampa. He was president and chair- and their staff provide a safe and nurturing at- 2004 creates a program to provide reconstruc- man of the MacDonald Training Center Foun- mosphere for the children of western Wis- tion and rehabilitation money for the Bennett dation and president and campaign manager consin. Their commitment to the Boys and Freeze area. This includes housing construc- of the United Way of Greater Tampa. Girls Clubs is greatly appreciated by volun- tion and renovation, infrastructure improve- Pierce served as director of the Tampa Mu- teers, parents, and especially the children at ments and economic development initiatives. seum of Art and the Tampa Philharmonic, first the Clubs. I cannot thank them enough for Mr. Speaker, I urge my colleagues to sup- chairman of the capital cabinet of the new their selfless giving of time, and love for our port the Bennett Freeze Rehabilitation Act of Lowry Park Zoo, president of the Gold Tri- children. 2004. It is time that Congress corrects a true angle and a member of the event advisory Mr. Speaker, I am pleased to support this injustice to the Navajo people living in the committee of the Tampa Sports Authority and legislation on the floor today, to extend the au- Bennett Freeze area. many other civic and charitable organizations. thorization of this important program for our f All the while, he was active in the Rotary Club children who represent the future of our coun- of Tampa, the Sertoma Club and St. Andrew’s try. PERSONAL EXPLANATION Episcopal Church. f Those who knew Pierce well remember him HON. LINDA T. SA´ NCHEZ as ‘‘a true Southern gentleman’’ and ‘‘a giant PERSONAL EXPLANATION among men.’’ On behalf of the Tampa Bay OF CALIFORNIA community, I would like to honor G. Pierce IN THE HOUSE OF REPRESENTATIVES HON. SUE WILKINS MYRICK Wood, Jr. for his dedication to serving others OF NORTH CAROLINA Wednesday, September 29, 2004 and extend my deepest sympathies to his IN THE HOUSE OF REPRESENTATIVES Ms. LINDA T. SA´ NCHEZ of California. Mr. many loved ones. Wednesday, September 29, 2004 Speaker, yesterday I was unavoidably de- f Mrs. MYRICK. Mr. Speaker, I was unable to tained and missed rollcall votes Nos. 473, REVISING AND EXTENDING BOYS participate in the following votes due to a per- 474, and 475. Had I been present, I would AND GIRLS CLUBS OF AMERICA have voted: ‘‘Aye’’ on rollcall No. 473, the mo- sonal matter. If I had been present, I would tion instructs conferees on H.R. 4200 to adopt SPEECH OF have voted as follows: the bipartisan Senate-passed provisions on September 23, 2004: Rollcall vote 469, on hate crimes, ‘‘aye’’ on rollcall No. 474, the mo- HON. RON KIND H. Res. 785, on ordering the Previous Ques- OF WISCONSIN tion to close portions of the Department of De- tions, I would have voted ‘‘yes.’’ Rollcall vote IN THE HOUSE OF REPRESENTATIVES fense Conference Report, and ‘‘aye’’ on rollcall 470, on H. Res. 794, on ordering the Previous No. 475 for S. 2363, to revise and extend the Tuesday, September 28, 2004 Question, I would have voted ‘‘yes.’’ Rollcall Boys and Girls Club of America. Mr. KIND. Mr. Speaker, I rise today in sup- vote 471, on H. Res. 794, on Agreeing to the f port of S. 2363, legislation to further the sup- Resolution, I would have voted ‘‘yes.’’ Rollcall port of the Boys and Girls Clubs of America. vote 472, on agreeing to the conference report PERSONAL EXPLANATION As a former participant of the Boys and Girls for the Relief for Working Families Tax Act of Clubs, I know first hand how successful it is in 2003, I would have voted ‘‘yes.’’ HON. TODD TIAHRT giving young people a sense of usefulness, f OF KANSAS belonging, and influence. Today, my two little PIRACY DETERRENCE AND boys, Johnny and Matthew, participate in this IN THE HOUSE OF REPRESENTATIVES EDUCATION ACT OF 2004 organization’s flag football, baseball, and bas- Wednesday, September 29, 2004 ketball leagues. I have seen that it provides SPEECH OF Mr. TIAHRT. Mr. Speaker, on September young people with a safe place to learn, es- 28th, I was unavoidably detained and missed tablish strong relationships, and build good HON. BOB GOODLATTE rollcall vote No. 473. Rollcall vote No. 473 was character. OF VIRGINIA Representative PELOSI’s Motion to Instruct The Boys and Girls Clubs of America has IN THE HOUSE OF REPRESENTATIVES Conferees on the DOD Authorization Act. Had been ranked number one among youth organi- Tuesday, September 28, 2004 I been present, I would have voted ‘‘no’’ on zations for the tenth straight year, and has the motion to instruct. I would ask that my been listed as 15th among all nonprofit organi- Mr. GOODLATTE. Mr. Speaker, I rise today statement appear in the appropriate location in zations. It is the nation’s fastest-growing youth to urge my colleagues to support legislation I the CONGRESSIONAL RECORD. development organization with a primary focus introduced to designate the oak as America’s f on young people from disadvantaged back- national tree. grounds. During a four-month-long online election, HONORING G. PIERCE WOOD, JR. It serves more than 4 million boys and girls with almost a half million votes logged, the through 3,400 club locations, which are lo- American people chose the oak tree as Amer- HON. JIM DAVIS cated in all 50 states, Puerto Rico, the Virgin ica’s national tree. To make official what the OF FLORIDA Islands, and both domestic and international American people have already chosen, I intro- IN THE HOUSE OF REPRESENTATIVES military bases. Sixty-five percent of the chil- duced H.R. 1775 last April, which will officially dren that participate in the Boys and Girls designate the oak as America’s national tree. Wednesday, September 29, 2004 Clubs are from minority backgrounds. The As a member of Congress representing a Mr. DAVIS of Florida. Mr. Speaker, I rise in wide reach of this organization helps all types heavily forested district in Virginia, I know first- honor of G. Pierce Wood, Jr., who through his of children develop creativity through the arts, hand how trees add to our quality of life. As countless contributions to the Tampa Bay a healthy lifestyle through fitness activities, Chairman of the House Agriculture Committee, community has served as a role model for us and a career through educational, character, I appreciate how trees and forests enhance all. and leadership programs. the environment, add recreational opportuni- A fifth generation Floridian, Pierce never Having served on the Board of Directors for ties and provide for the livelihoods of millions shied from service. After attending the U.S. the La Crosse Boys and Girls Clubs, I know of individuals in the forest industry. Whether Naval Academy, he served a tour of duty in the amount of time and hard work that goes enjoying a product generated from a forest, or the Korean War. Pierce went on to serve into operating this organization. I would like to the simple satisfaction of lying under a shaded TECO Energy for 34 years, retiring as Senior thank Terry Erickson, the current director of giant, trees contribute to all Americans. Vice President in 1988 to form his own gov- the La Crosse Boys and Girls Clubs, who has The strong and stately oak tree is of par- ernment relations consulting firm. served since I was a participant. Terry has ticular importance in America’s history and cul- Pierce, however, will be best remembered taken the La Crosse Club to heights never be- ture. Not only is this majestic tree an aesthetic for his many community activities and tireless fore imaginable. He has become synonymous beauty that characterizes the landscape of support for a host of charitable causes. with the Club and a role model to everyone in- much of our great Nation, it also provides us Throughout his lifetime of service, Pierce was volved. with wood products in our homes, our offices

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.050 E30PT1 September 30, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1751 and our places of gathering. Present in all 50 FREEDOM FOR OMAR MOISE´ S RUIZ 1960s. The cities of Pasco, Kennewick and states, the oak has played a huge role in HERNA´ NDEZ Richland grew and developed around the Han- America’s history as a valuable resource. It ford Nuclear site following World War II, and helped our founding fathers establish a new HON. LINCOLN DIAZ-BALART Sam moved to the area in the late 1940s. His Nation, supplying building materials for the OF FLORIDA business interests led to his involvement in local economic development efforts, and in ever-expanding 13 original colonies. It served IN THE HOUSE OF REPRESENTATIVES 1960 he began to lead the area’s efforts to ex- as a familiar sight to pioneers as they forged Wednesday, September 29, 2004 pand its energy-related work for the federal across the new republic to the west coast. Mr. LINCOLN DIAZ-BALART of Florida. Mr. government and to diversify the regional econ- And to this day it has remained an enduring, Speaker, I rise today to speak about Omar omy. My earliest recollections of Sam were valuable, and highly-prized raw material from Moise´s Ruiz Hernańdez, a political prisoner in when I served on Senator Warren Magnuson’s which beautifully crafted furniture, sturdy door totalitarian Cuba. staff. Sam and the publisher of the local and window framing, ornate flooring and pan- Mr. Ruiz Hernańdez is a peaceful pro-de- paper, Glenn Lee, would meet with the Sen- eling, and the like, are made. This enduring mocracy activist in totalitarian Cuba. He is an ator, setting him in motion on another project, and mighty tree, which has long been a part independent journalist for the Decoro Working another building, another highway—always of our national heritage and strength, fully Group and was vice delegate of the Demo- something that meant bringing more jobs to merits the distinction as America’s national cratic Solidarity Party. The son of a reverend, the area and always helping to make the Tri- tree. his religious conviction and belief in freedom Cities community economically stronger. There has made him a target of the dictatorship’s was the work on the N-Reactor, the FFTF— The oak tree has also played a key role in thugs. According to Amnesty International, Mr. The Fast Flux Test Facility—and the FMEF— many specific historic moments in our Nation’s Ruiz Hernańdez was arrested in January and the Fuels and Materials Examination Facility. history. Abraham Lincoln found his way across March 1996, interrogated in October 1997, When I was elected to Congress from the 6th a river near Homer, Illinois, using the Salt and subject to ongoing harassment as he car- District, I was obviously enlisted in the cause, River Ford Oak as a marker. When King ried out his activities. and since then have worked with all of the James II attempted to revoke Connecticut’s As an independent journalist, Mr. Ruiz Congressmen from the 4th Congressional Dis- charter, the ‘‘Charter White Oak’’ is said to Hernańdez has written about the nightmare trict—including Doc Hastings today—on impor- have been the hiding place for the historic that is the Castro regime. His articles have ap- tant national security and energy research activities. We have worked on the cleanup of nu- document. Andrew Jackson took shelter under peared on the CubaNet website. According to clear waste and on new missions for DOE- Louisiana’s Sunnybrook Oaks on his way to Reporters Without Borders, Mr. Ruiz Hernańdez has been harassed for his report- Hanford, on EMSL and, of course, the the Battle of New Orleans. And ‘‘Old Iron- ing on the malfunctioning of Cuban society Volpentest Hazardous Materials and Emer- sides,’’ the USS Constitution, earned its nick- under the totalitarian regime as far back as gency Response Training Center, named in name from the strength of its live oak hull, fa- 1992. honor of Sam. Along the way, Sam and I had mous for easily repelling British cannonballs. In March, 2003, as part of the dictator’s con- countless discussions about dozens and doz- Chosen by the people in a broad-based demnable crackdown on peaceful pro democ- ens of other ideas he had over the years to di- election, the oak tree represents the funda- racy activists, Mr. Ruiz Hernańdez was ar- versity the region’s economy and to keep the standard of living in the Tri-Cities as remark- mental characteristics of the great nation: rested because of his belief in truth and liberty ably high as it is today. strength, endurance, and beauty. I urge each over propaganda and repression. In a sham trial, he was ‘‘sentenced’’ to 18 years in the in- Sam is truly a remarkable man who con- of my colleagues to make official what we tinues today—beyond his 100th birthday—to have known for many years . . . that the oak human, totalitarian gulag. Mr. Ruiz Hernańdez is suffering from ex- work on behalf of TRIDEC, the economic de- tree is America’s national tree. treme abuse in the gulag. According to Re- velopment authority in the Tri-Cities commu- porters Without Borders, he has been held in nity. I would like my colleagues to read the f ‘‘maximum harshness’’ including isolation in a tribute that was published on his birthday in 1.9 by 4 meter cell, as well as transferred to the local newspaper. Following is an article IN HONOR OF ST. MARY, STAR OF that was published in the Tri-City Herald. THE SEA SCHOOL a cell with common prisoners. Mr. Ruiz Hernańdez is also ailing from diseases caused [From the Tri-City Herald] by the heinous conditions of the gulag. CELEBRATING A CENTURY OF SAM Mr. Speaker, Mr. Ruiz Hernańdez is suf- (By John Trumbo, Herald staff writer) HON. ROBERT MENENDEZ fering in a grotesque gulag because he be- The Tri-Cities’ most celebrated birthday OF NEW JERSEY lieves in truth and freedom. My Colleagues, it boy is having a party tonight at the Pasco is absolutely unacceptable that peaceful pro- Red Lion. The event includes just his family IN THE HOUSE OF REPRESENTATIVES and a few friends, about 700 of them at last democracy activists are languishing in the de- count. Wednesday, September 29, 2004 praved prisons of tyrants. We must demand Volpentest is pleased. immediate freedom for Omar Moise´s Ruiz ‘‘I’d like to see everybody happy and have Mr. MENENDEZ. Mr. Speaker, I rise today Hernańdez and every prisoner of conscience a good time,’’ he said earlier this week from to honor St. Mary, Star of the Sea School, in totalitarian Cuba. his office at the Tri-Cities Industrial Devel- which will be celebrating its 125th Anniversary opment Council in Kennewick. f Volpentest is looking forward to seeing on October 2, 2004, in Bayonne, New Jersey. CENTENNIAL SAM VOLPENTEST some of his old friends, such as former Gov. Throughout the years, St. Mary’s School, Albert D. Rosellini, 94. with the help of the Sisters of St. Joseph of Volpentest and Rosellini go back more HON. NORMAN D. DICKS than three-quarters of a century when they Chestnut Hill, has provided the children of its OF WASHINGTON were both members of an athletic club called parish with an excellent education and a IN THE HOUSE OF REPRESENTATIVES the Italian Club in Seattle. strong spiritual foundation. More than 300 stu- ‘‘I joined in 1933 at the age of 29. He was dents from pre-school through eighth grade Wednesday, September 29, 2004 23,’’ recalled Volpentest. A quarter of a century later, Rosellini was thrive at St. Mary’s, and an additional 350 chil- Mr. DICKS. Mr. Speaker, last Friday night in elected governor of Washington, and dren participate in its Sunday school religious Pasco, Washington several members of the Volpentest was cutting political deals in the program. The long-standing tradition of quality Washington State Congressional Delegation Tri-Cities for national lawmakers rep- at the school is mirrored by St. Mary’s parish, attended an unusual event: the celebration of resenting the Evergreen State. In which has diligently served the Bayonne com- the 100th Birthday of a man who may be the Volpentest’s world, friendships count a lot. These days, Volpentest, who insists he is munity for 143 years. world’s oldest active lobbyist and one of the most successful and accomplished economic not retired despite doctor’s orders to take it easier, comes into his office Monday through Today, I ask my colleagues to join me in development leaders in the United States. honoring St. Mary, Star of the Sea School for Friday. He continues to keep his hand in the Sam Volpentest, who was born on September game at TRIDEC on behalf of the Tri-Cities, its outstanding spiritual leadership and 125 24, 1904 has been a real leader of the busi- calling in favors and calling on politicians in years of excellence in education in Bayonne, ness community in the Tri-Cities community of Washington, D.C., just like he has for nearly New Jersey. central Washington state since the early half a century.

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A29SE8.056 E30PT1 E1752 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2004 Volpentest’s track record for bringing Tarik has been very active with his troop, SUPPORT OF THE AMERICAN home the bacon is legendary, and perhaps participating in many Scout activities. Over the ISRAEL PUBLIC AFFAIRS COM- the main reason his birthday parties attract course of the years Tarik has been involved MITTEE so many grateful well-wishers. Just this week he received the 2004 Edward with Scouting, he has earned 33 merit badges DeLuca lifetime achievement award from and has held numerous leadership positions, HON. ROBERT E. ANDREWS the International Economic Development serving as Patrol Leader, Den Chief, Quarter- OF NEW JERSEY Council in Washington, D.C., recognizing master, Senior Patrol Leader, Troop Guide, IN THE HOUSE OF REPRESENTATIVES ‘‘his unfailing commitment and endless ac- and OA Troop Representative. He has earned complishments,’’ said Steven Budd, council the 12 Month Camper Award, 100 Nights Wednesday, September 29, 2004 chairman. Camper Award, BSA 50 miler, the Interpreter Mr. ANDREWS. Mr. Speaker, I rise today in Volpentest accepted the accolade with well-rehearsed ado. Dozens of awards, Strip, and is BSA Lifeguard certified. Tarik is strong support of the American Israel Public plaques and commendations have come his a Warrior in the Tribe of Mic-O-Say and is an Affairs Committee AIPAC. For over fifty years, way in the past four decades. Those not dis- Ordeal Member of The Order of the Arrow. AIPAC, acknowledging that the security inter- played on his office walls are in his home or Tarik’s Eagle Scout project consisted of de- ests of Israel and the United States are inter- stored in his garage, he said. signing and leading a group of Boy Scouts to twined, has worked diligently to strengthen the Reaching the century mark is remarkable, build shelving for hand bell boxes, a shelf/ relationship between Israel and the United but for Volpentest, it is a good deal more. moveable cart for the hand bell table with ac- States. They have educated members of Con- ‘‘The doctor gave me a month to live in 1957,’’ he says, recalling those frightening cessories, and also a cart for the sound equip- gress and the public alike on the issues that days when cancer of the jaw nearly took his ment and miscellaneous items for church serv- Israel faces in its quest to remain a stable, life. ices. This was done for his church, Liberty democratic ally to the United States in a part A lot has happened since then. Volpentest Christian Church. of the world where such nations are scarce. helped found what is now TRIDEC, got deep Mr. Speaker, I proudly ask you to join me in Even in the face of the ongoing unrest in into state and national politics, and along commending Tarik Yameen for his accom- Israel, AIPAC continues to work tirelessly to- the way helped bring millions of dollars of plishments with the Boy Scouts of America wards an end to terrorism, and an achieve- development and infrastructure to the Tri- Cities. and for his efforts put forth in achieving the ment of peace and security in the region. Buildings, freeways, research laboratories, highest distinction of Eagle Scout. In recent weeks, our friends at AIPAC have bridges, a hotel and a training center for been the subject of allegations that question emergency response teams all have the touch f their dedication to the preservation of national of Volpentest on them to some degree. security within the United States. Accusations And he says he’s not done yet. HONORING MILFORD PUBLIC LIBRARY such as these, which lack substantial credible ‘‘We need more money for the HAMMER proof behind them, have no positive effect. training facility. It’s proven itself as a world class facility. We need more classrooms out HON. THADDEUS G. McCOTTER These baseless claims make it impossible for there,’’ he said. AIPAC to defend themselves, and uphold the Volpentest also is fully aware that Han- OF MICHIGAN favorable reputation that they have earned ford’s budget hasn’t been approved by Con- IN THE HOUSE OF REPRESENTATIVES through their efforts. In this case, such gress, and that Battelle needs to have sup- Wednesday, September 29, 2004 charges also threaten to intensify the plague port for the new campus in north Richland. of anti-Semitism that AIPAC has tried to fight ‘‘They (Battelle) are the foundation for the Mr. MCCOTTER. Mr. Speaker, I rise today throughout its history. It has been my experi- growth of this area,’’ Volpentest said. to acknowledge and honor the Milford Public ence that AIPAC and its members care deeply The centenarian says he’s seen so much Library, which is celebrating 75 years of serv- about the collective security interests of the growth in the Tri-Cities that he’s concerned ice to the Milford, Michigan community. the region might grow too fast. United States and Israel, and I continue to On April 1, 1929, by a vote of 326 to 174, ‘‘We can have steady growth, but not too stand by them in their noble efforts. many people too fast,’’ he said. citizens approved the establishment of a free f His birthday wish for the Tri-Cities is that public library by levying a half-mill tax. How- the communities would start working to- ever, the real beginnings of the Milford Library PERSONAL EXPLANATION gether. ‘‘Teamwork is the most important can be traced back to the 1890s. In March of word to me,’’ he said, adding that politics 1895, the Milford Times reported about the be- HON. DENISE L. MAJETTE today seems to be more unfriendly than it ginnings of a new organization, the ‘‘Ladies’ used to be. OF MISSISSIPPI Library Association.’’ The goal of this fledgling Volpentest’s birthday wish for himself is IN THE HOUSE OF REPRESENTATIVES ‘‘to have a few more years.’’ group was to ‘‘establish a library of high-class He has no secrets to share about how to literature, sufficiently varied to suit the different Wednesday, September 29, 2004 reach the century milestone. tastes,’’ and to which the members will have Ms. MAJETTE. Mr. Speaker, I was unavoid- ‘‘How would I know? Got good genes, I access. Later that month, the Times reported ably detained for a number of rollcall votes. guess. Just work hard and stay active,’’ on the success of the organization, which had Volpentest said. Had I been present I would have cast my Tonight’s party isn’t all there is for the already attracted 52 members. votes as follows: ‘‘Yes’’ on rollcall No. 457, birthday boy. The Seattle Seahawks have in- The members felt ‘‘the need of something in ‘‘Yes’’ on rollcall No. 458, ‘‘No’’ on rollcall No. vited him to bring out the game ball for Sun- the way of a public library has long been felt, 459, ‘‘Yes’’ on rollcall No. 460, and ‘‘No’’ on day’s home game with the San Francisco and many hail with delight this project where- rollcall No. 470. 49ers. by at a small cost they can have access to the f ‘‘I just hope they don’t expect me to run best of current literature.’’ The Association im- with it,’’ he said with a gleam in his eye. posed a $1.00 fee on members, which allowed HEALTH PROTECTIONS FOR OUR f them to draw one book from the collection SERVICE PERSONNEL RECOGNIZING TARIK YAMEEN FOR each week. ACHIEVING THE RANK OF EAGLE Between the dissolution of the Association HON. EDOLPHUS TOWNS SCOUT and the beginnings of the Public Library, the OF NEW YORK Milford Monday Literary Club sponsored a IN THE HOUSE OF REPRESENTATIVES HON. SAM GRAVES reading room for 15 years. The Club’s collection of material was transferred to the new Wednesday, September 29, 2004 OF MISSOURI public library. Mr. TOWNS. Mr. Speaker, today the gen- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, for over 75 years the citizens tleman from Connecticut, Mr. SHAYS and I Wednesday, September 29, 2004 of Milford, Michigan have continued to support have joined to introduce H.R. 5166, The Mr. GRAVES. Mr. Speaker, I proudly pause the vision of the Ladies’ Library Association Armed Forces Voluntary Immunization and to recognize Tarik Yameen, a very special and the Milford Public Library. I hope my col- Health Justice Act of 2004. young man who has exemplified the finest leagues will join me in thanking the citizens of In the 104th Congress, Mr. SHAYS and I qualities of citizenship and leadership by tak- Milford, Library Board Members and employ- joined in holding several oversight hearings on ing an active part in the Boy Scouts of Amer- ees of the Milford Public Library for their out- the cases of Persian Gulf Syndrome that were ica, Troop 376, and in earning the most pres- standing service to the people of Michigan, affecting our military men and women return- tigious award of Eagle Scout. and wish them well in the next 75 years. ing from the first Persian Gulf War. Those

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.060 E30PT1 September 30, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1753 hearings served as the impetus for causing a special ceremony at the National Fire Acad- The Senate approved a $318 billion pack- the Department of Defense to seriously re-ex- emy. age. The House originally came in at $284 bil- amine and re-vamp its system of diagnosis, Today, let us take a moment and reflect lion, and recently the two chambers united upon Tom Kistler and many like him that serve around a figure of $284 billion in guaranteed treatment and compensation for Persian Gulf contracts plus another $15 billion in con- War veterans. I know that the work we did on our communities and our Nation, the folks that tracts that have yet to be carried out. that issue made a difference in the lives of make the personal sacrifices every day, not But politicians are playing election-year those service members who agreed to risk because they have to but because they politics, and, of course, nothing of substance their lives for us. choose to. They are the volunteers that make is getting done. However, our concerns about the health of our Nation strong, the people that make our As we pointed out a few days ago, no one veterans and active duty military members did communities special. can accuse this Congress of overwork—it’s not end with those hearings. We have worked America is still the land of the free and the only been in session roughly one day out of home of the brave—Tom Kistler helped make every three. together to craft a bi-partisan solution to pro- Sadly, lawmakers sent to the president vide members of the military with the ability to it so. only a fraction of the 13 spending bills nec- make informed decisions about immunization f essary to fund the government for the fiscal for anthrax and smallpox. The right to in- year that starts Friday. That includes the formed consent is enjoyed by every citizen, EDITORIAL FROM THE BECKLEY transportation bill to fund highway and except those in the military. If enacted, this bill REGISTER-HERALD transit projects for the next six years—vi- would prohibit the Department of Defense tally important to southern West Virginia. from mandating immunization against anthrax HON. NICK J. RAHALL, II The Mountain State faces unique chal- OF WEST VIRGINIA lenges when it comes to building highways. and/or smallpox if a soldier believes that the It can cost up to $20 million to build one IN THE HOUSE OF REPRESENTATIVES risk to his or her health status outweighs the mile of a highway here. benefit of immunization. Wednesday, September 29, 2004 This state relies heavily on the federal pro- Service members have experienced adverse Mr. RAHALL. Mr. Speaker, Congress was gram to build highways. A total of $2.2 bil- health effects from these vaccines including lion was secured for West Virginia in the supposed to reauthorize the major surface heart, respiratory, and skin problems. In one House version of the bill, $2 billion of which transportation and jobs bill, the successor to well-known case, a soldier died from the ad- are projects in southern West Virginia. TEA 21, a year ago. verse effects of a vaccine. Despite the known Interstate links developed here in recent Now, because of the indifference of the years have brought new jobs and the poten- risks, many soldiers have been required to Bush Administration and the Republican Lead- tial for attracting new businesses. These take these vaccines. As a result, many have ership in Congress, we are about to embark roads provide modern access and position decided to leave the service rather than run on the sixth extension of TEA 21, rather than West Virginia as a crossroads for business the risk of vaccination. Unfortunately, many completing work on a bill that would address developers looking for locations in the East. honorable soldiers have been punished solely They provide our families a safer means of our current and future infrastructure needs as for refusing to accept these vaccines. Our leg- getting to and from school and work. well as providing sorely needed jobs and eco- islation would assure that soldiers who want to Ordinary West Virginians can’t afford to nomic stimulus. see these opportunities go by the wayside, or serve are not faced with this agonizing choice. The House and Senate versions of transpor- Mr. Speaker, I urge my colleagues to co- even delayed. We suffer while Congress entation and jobs bill passed both houses by gages in gridlock. sponsor this bill and join us in assuring that margins larger than is required in Congress for Enough is enough. Congress and the Bush members of our military have the ability to de- amendments to the Constitution. But the bill is administration need to get in gear and termine whether or not to take these vaccines. on a road to nowhere because the Cheney- produce a highway spending package that’s adequately financed. f Bush reelection bunch wants to make up for RECOGNIZING TOM KISTLER their Medicare debacle by trying to appear f tough on spending. Meanwhile, we have the SERGEANT RIAYAN A. TEJEDA HON. DARLENE HOOLEY votes in both the House and the Senate to POST OFFICE OF OREGON override a threatened presidential veto and IN THE HOUSE OF REPRESENTATIVES pass a meaningful bill, but the Republican SPEECH OF House and Senate leadership are just caving Wednesday, September 29, 2004 into the Bush Administration’s reelection ef- HON. CHARLES B. RANGEL Ms. HOOLEY of Oregon. Mr. Speaker, forts. In so doing, they’re failing to uphold the OF NEW YORK today I want to recognize and remember the Constitutional obligation of Congress. IN THE HOUSE OF REPRESENTATIVES life of a local hero: Tom Kistler. Although Americans are crying out loud and Tuesday, September 28, 2004 Although it has been over a year, it is still clear for the need to reinvest in our country, Mr. RANGEL. Mr. Speaker, I rise to speak hard for those affected by this humble, quiet the Bush Administration and the Republican man to believe he’s gone. The residents of in support of H.R. 4046, calling for the United leadership don’t bother to listen. As an exam- States Postal Service located at 555 West Polk County, Oregon, know their neighbors— ple of what I’m talking about, I have an edi- and they look up to the firefighters who serve 180th Street in New York, New York, to be torial from a widely-read newspaper in my dis- hereby named the ‘‘Sergeant Riayan A. them. trict, the Beckley Register-Herald, which I Killed on his way to drill on March 29, 2003, Tejeda Post Office.’’ would like to submit for the record to accom- Staff Sergeant Riayan A. Tejeda of the 3rd Tom Kistler died in the same way he lived— pany my remarks. Yesterday, in response to in the service of others. Battalion, 5th Marine Regiment was killed dur- Congressional inaction on the transportation ing combat operations in northeast Baghdad Captain Kistler was a volunteer firefighter for and jobs bill, the Register-Herald ran the edi- twenty-five years. He was proud of his time on April 11, 2003; he was 26 years of age. A torial appearing below: New York City resident, he lived in my district with the Independence (Oregon) Fire Depart- [From the Beckley Register-Herald] ment and Polk County Fire District #1. of Washington Heights on 180th Street until HIGHWAY BILL It was Tom that led the effort in fielding a graduation from Fashion Industries High water rescue/recovery team; it was Tom that While politicians play election-year poli- School in the Garment District, thereafter join- tics, W.Va. suffers. ing the Marine Corps at the age of 18. I intro- brought his peers together to raise funds for Heard the latest? A multiyear highway the annual Firefighter’s Christmas program for spending bill, crucial to progress here in duced this legislation because Sgt. Tejeda the local children; and it was Tom that was al- southern West Virginia, appears to be off was a hero in every sense of the word, a man ways ‘‘there’’ keeping his community safe. until after the election. born in the Dominican Republic who made the As if his service in the fire department The existing six-year highway and mass ultimate sacrifice for the United States. wasn’t enough—and it would have been—Tom transit spending bill, funded at $218 billion, After spending formative teen years meeting was also a thirty-year veteran of the Oregon ran out a year ago and has had to be pro- the challenge of growing up in the tough National Guard. longed by several short-term extensions be- streets of Washington Heights, Sergeant cause of differences over spending levels be- Tejeda joined the military with his hopes and For Tom Kistler, being a citizen meant ac- tween Congress and the White House. tion. It meant doing things. Citizenship was a The White House, citing the need for fiscal dreams of the future on the horizon. He joined verb. restraint, recommended $256 billion and the military to better himself and to serve our This week, brothers and sisters in service threatened to veto any bill that would add to country, later reenlisting after his initial term of will remember his life and his sacrifice during the deficit. duty had elapsed.

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.066 E30PT1 E1754 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2004 Sergeant Tejeda was the first Dominican equate in terms of funding levels for various vote No. 474 (motion to close portions of the killed in Iraq, a fact that history will rightfully transportation agencies and programs includ- conference on H.R. 4200, the Defense Author- record but in itself will not and cannot appre- ing the Federal Highway Administration, the ization bill); and ‘‘no’’ on rollcall vote No. 475 ciate the pain of his loss to his two young Federal Motor Carrier Safety Administration, (S. 2363 to revise and extend the Boys and daughters and mourning family. the National Highway Traffic Safety Adminis- Girls Club of America). At the time of his death, while the fatality tration, Amtrak, the Federal Transit Adminis- count was still in its early stages, minorities tration and the Surface Transportation Board. f constituted as high as 35 percent of the fatali- However, I am going to vote for the bill ties in the line of duty. Latinos, who comprise based on the assurances of the Chairman and HONORING OLYMPIC GOLD 8 percent of the total fighting force in Iraq, Ranking Member of the Transportation, Treas- MEDALIST OTIS HARRIS, JR. have incurred 16 percent of all intensive fight- ury and Independent Agencies Appropriations ing deaths and 12 percent of the total fatalities Subcommittee that funding for these critical HON. BENNIE G. THOMPSON during Operation Iraqi Freedom. These num- accounts will be reinstated in conference. I OF MISSISSIPPI bers are clear evidence of the disproportionate hope that by furthering this bill, we can ensure IN THE HOUSE OF REPRESENTATIVES sacrifice being made in Iraq by Latinos and that funding for North Dakota’s significant point out the level of their loyalty to their cho- transportation needs is secured. Wednesday, September 29, 2004 sen country. I rise as well to express my opposition to Mr. THOMPSON of Mississippi. Mr. Speak- Riayan Tejeda was an outstanding young the authorization of an automatic cost-of-living er, I would like to recognize Edwards, Mis- man with limitless potential, known for his stu- (COLA) pay increase for Members of Con- sissippi native, Olympic gold and silver med- dious nature and gentlemanly demeanor. He gress contained within H.R. 5025. A fiscally alist, Otis Harris, Jr. At this year’s 2004 Olym- was a brave, selfless man of great conviction responsible Congress should have the oppor- pic Games held in Athens, Greece, the track who fought and died for a nation of immigrants tunity to consider a pay raise independently of and field standout showcased his world class that today does not always appreciate the funding for important transportation projects in speed on the world’s biggest stage. contributions and sacrifices made by new gen- their districts. That is why I voted against the Edwards, Mississippi’s hometown hero, the erations of outsiders pursuing better lives. Ser- previous question on the rule to allow consid- son of Otis, Sr. and Cheryl Harris, began his geant Tejeda, who had served in the Marine eration of H.R. 5025 separate from this provi- track career at high school track powerhouse, Corps for 8 years, was awarded U.S. citizen- sion. It is my hope that Congress will take Hinds Agricultural High School in Raymond, ship only after his death and received the Sil- steps to ensure separate consideration for any Mississippi. As Harris helped lead his high ver Star for his valor in the line of fire. He increases in the future. school team to three consecutive Class 2A proudly served our Nation in Thailand, South f State Championships, and in 1999 winning the Korea, the Philippines, Australia, East Timor PERSONAL EXPLANATION 100m, 200m, and 400m State Championships and Iraq. Sergeant Tejeda was the finest respectively, he accumulated dozens of indi- marksman in his regiment. vidual accolades leading to his acceptance of The naming of the U.S. Post Office in HON. MICHAEL M. HONDA a track scholarship from the University of Washington Heights for Sergeant Tejeda will OF CALIFORNIA South Carolina. be received by the community with great pride IN THE HOUSE OF REPRESENTATIVES Running his way through both the Game- and satisfaction. It is the least our country can cock and Southeastern Conference (SEC) do to honor the memory of Sergeant Tejeda’s Wednesday, September 29, 2004 record books in 2003, Otis took claim of SEC short and heroic life. Mr. HONDA. Mr. Speaker, on Tuesday, I extend my appreciation and sympathies to September 28, I was unavoidably detained for track titles in the 400m dash, as well as the his parents Julio Cesar Tejeda and Carmen rollcall votes that day. 4 X 400m relay team, making these his signa- Rafaela Lora, his daughters Loriana and Mi- Had I been present I would have voted the ture events. Harris was deemed academically randa and his brothers Angel and Andre. I following: ineligible to participate in athletics during the thank my colleagues for their support on this Rollcall 473, on the Motion to Instruct Con- 2004 collegiate season, causing him to briefly legislation. ferees on H.R. 4200—Defense Authorization disappear from the Olympic track radar screen. f Act for fiscal year 2005, instructing conferees to adopt the bipartisan Senate-passed provi- As Harris stunned many by qualifying for the TRANSPORTATION, TREASURY, sions on hate crimes, I would have voted Olympics in July 2004 in the 400m dash, he AND INDEPENDENT AGENCIES ‘‘yea’’; remained unfaltering as his dreams became APPROPRIATIONS ACT, 2005 Rollcall 474, on the Motion to close portions realistic. On Monday, August 23, 2004, Otis of the Defense Authorization Act Conference settled into his familiar stance, only this time SPEECH OF from the public for national security reasons, I Olympic medals were up for grabs. Running HON. EARL POMEROY would have voted ‘‘yea’’; and on the fastest time of his life (44.16), Otis gar- OF NORTH DAKOTA Rollcall 475, on S. 2363, to revise and ex- nered the Olympic silver medal in the 400m IN THE HOUSE OF REPRESENTATIVES tend the Boys and Girls Clubs of America, I dash. While still overwhelmed with the excitement Wednesday, September 29, 2004 would have voted ‘‘yea.’’ f of his first Olympic feat, Harris took the stage The House in Committee of the Whole again five days later. This time Harris was House on the State of the Union had under PERSONAL EXPLANATION starring in his other signature event, the 4 X consideration the bill (H.R. 5025) making ap- 400m relay team which was favored to win the propriations for the Departments of Trans- portation and Treasury, and independent HON. J. GRESHAM BARRETT gold. Harris teamed with Derrick Brew (400m agencies for the fiscal year ending Sep- OF SOUTH CAROLINA bronze), Jeremy Wariner (400m gold) and tember 30, 2005, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Darold Williamson. Harris ran the fastest leg of Mr. POMEROY. Mr. Chairman, I rise today the four Americans, turning in a time of 43.28; to say that I will be voting for H.R. 5025, the Wednesday, September 29, 2004 the team ran 2:55.91, the best time in the Fiscal Year 2005 Transportation, Treasury, Mr. BARRETT of South Carolina. Mr. world this year, bringing home the gold med- and Independent Agencies Appropriations Bill Speaker, I was delayed in my district yester- als. in the hopes that this bill’s serious problems day in order to attend services for Staff Ser- I commend Mr. Otis Harris, Jr. for his valiant can be fixed in conference negotiations with geant Tony B. Oleas, a soldier from West- triumphs at this year’s Olympic Games. His ef- the Senate. minster, South Carolina who was killed while forts are buttressed by his resiliency through Unfortunately, the House and Senate Trans- fighting for our country in Afghanistan on Sep- the seemingly unsteady foreign relations cli- portation Conferees have been unable to tember 20th, and I unfortunately missed 3 re- mate leading into the Games. Harris, as well reach a deal on a transportation reauthoriza- corded votes on the House floor. as all of our Olympic athletes, showed true tion bill. As a result, appropriated funds for un- I ask that the RECORD reflect that had I not professionalism in serving as ambassadors authorized programs were struck from the pro- been detained in my district, I would have and representing our nation on the global posed Fiscal Year 2005 Transportation, Treas- voted ‘‘no’’ on rollcall vote No. 473 (Pelosi mo- stage. May Otis continue to represent our na- ury, and Independent Agencies Appropriations tion to instruct conferees to H.R. 4200, the tion with professionalism and may he continue bill. Doing so made this bill woefully inad- Defense Authorization bill); ‘‘yes’’ on rollcall to excel in his career.

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.070 E30PT1 September 30, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1755 REVISING AND EXTENDING BOYS For many young people, mentors set an ex- President Gerald Ford was sworn in as Presi- AND GIRLS CLUBS OF AMERICA ample of civility and stability. Mentors promote dent. That year’s number one television show, education and community respect. Mentors ‘‘All in the Family,’’ was a controversial reflec- SPEECH OF teach young people that there are benefits to tion of the social struggles of the time. Title IX, HON. ANDER CRENSHAW contributing to selfless efforts such as charity the federal law aimed at providing equal edu- OF FLORIDA drives, neighborhood cleanups, and serving in cational opportunities, was in its infancy. IN THE HOUSE OF REPRESENTATIVES soup kitchens. Local women in the Tri-Valley area, such as Dorris Lee, Denise Gordon and Jean Felton Tuesday, September 28, 2004 As a mentor, I personally know the satisfaction it brings to offer advice and guidance to could not sit on the sidelines during this stage Mr. CRENSHAW. Mr. Speaker, I rise today a young person. I have known my mentee, of change. They took action and, with encour- to pay tribute to the Boys and Girls Club of Derek Williams for many years. Over that pe- agement from Contra Costa NOW, they America and to support extending their Char- riod we have become good friends. Today I planned the Tri-Valley NOW’s first meeting in ter to meet future goals. As the saying goes, am proud to say that he is in college, fur- 1974, which featured guest speakers from to the world you may be one person. But to thering his education, and building a strong East Bay NOW. one person, you may be their entire world. I foundation for his future. Since that first meeting of a handful of like- think this applies especially to all of the good There are numerous studies documenting minded feminists in a Livermore, California of- people involved with the Boys and Girls Club that mentors help young people to augment fice, NOW’s Tri-Valley chapter has grown to of America. social skills, enhance emotional well-being, im- more than 150 members, both women and To me and to millions of children, Boys and prove cognitive skills, and to plan for the fu- men. Girls Clubs are not just buildings. These clubs ture. It also recognizes that for some children, For 30 years, Tri-Valley NOW has taken ac- are not just places where kids meet other kids. having a caring adult mentor to turn to for tion to achieve equality for women. Its mem- These clubs are the bedrock foundation for a guidance and encouragement can make the bers have actively supported women can- number of young people who face an other- crucial difference between success and failure didates for public office, battled for equal wise rapidly changing, and sometimes unsta- in life. rights and opportunities in the workplace and ble, world. So it is incumbent on each and every one classroom, written hundreds of letters to edi- These clubs are a point of stability, an area of us to offer our time and energy and love to tors and legislators, endured the struggle to where young people learn responsibility. children to provide positive role models and in- pass the Equal Rights Amendment and staged These clubs are places where boys and girls fluences to young people to give them guid- countless demonstrations for positive social learn about teamwork, leadership, and values. ance and hope. change. Back in 1860, several women in Hartford, Currently, 17.6 million young people, nearly Tri-Valley NOW looks back on the last 30 Connecticut believed that boys roaming the half the youth population, want or need men- years with great pride in their achievements street should have a positive alternative. They tors to help them reach their full potential. and deep appreciation for their founding moth- formed what would become the first Boys Only two-and-a-half million youth are in formal ers. We agree with their statement that ‘‘there Club. In 1906, Boys Clubs started to affiliate mentoring relationships, leaving 15 million is much work to be done and we will continue and by 1956, the Boys Club of America re- young people still in need of mentors. to strive for NOW’s goal of equality for all ceived a Congressional Charter. Reflecting the Earlier this year I asked Congress to adopt women.’’ NOW has our full support to help times, Girls were added to the official name of a resolution designating January 2004 as Na- achieve this goal. the organization and its Charter in 1990. tional Mentoring Month. My hope was that this But Boys and Girls Clubs are more than f month-long celebration of mentoring would en- their history; these clubs are their volunteers, INTRODUCTION OF H.R. 5162, THE courage more adults to volunteer their time as the people who operate these clubs, and the LAW ENFORCEMENT EXPLOSIVE mentors for young people and enlist the in- club sponsors. Each individual’s contribution is STORAGE ENHANCEMENT ACT reflected in the success and longevity of this volvement of nonprofit organizations, schools, organization. One of the issues I follow close- businesses, faith communities, and govern- HON. TOM LANTOS ly, support, and promote every chance I get is ment agencies in the mentoring movement. I think that effort was successful, but we have OF CALIFORNIA mentoring. I think this falls directly in line with IN THE HOUSE OF REPRESENTATIVES what the Boys and Girls Club is all about. more to do. Some of my friends might remember a dis- The Boys and Girls Clubs are to be con- Wednesday, September 29, 2004 cussion I began several years ago concerning gratulated for working to make a positive dif- Mr. LANTOS. Mr. Speaker, sometimes it ‘‘problems of the soul.’’ My focus was the ero- ference in our society. takes a barely averted catastrophe awaken us sion of moral values in our country and what f to potential dangers. Recently, more than 140 we might do on a personal level, a community HONORING THE 30TH ANNIVER- pounds of explosive materials were stolen level, and even on a governmental level, to re- SARY OF TRI-VALLEY NOW from a law enforcement storage facility in San verse the decline. Mateo, California. This is enough to destroy a Much has occurred in the years since I HON. FORTNEY PETE STARK small office building or to blow a hole in the began talking about problems of the soul. Golden Gate Bridge. OF CALIFORNIA Much of what has happened is positive. Our Thankfully, police quickly caught the sus- IN THE HOUSE OF REPRESENTATIVES nation places high value and respect on the pects and recovered all of the explosives. family. We are a nation that rushes to the aid Wednesday, September 29, 2004 However, we cannot and should not be forced of those in need. The people of this country Mr. STARK. Mr. Speaker, Ms. TAUSCHER to rely on capturing criminals after a theft to hold in reverence those who sacrifice their and I rise today to pay tribute to the 30th An- keep our communities safe. After learning work, time with family, even their life for their niversary of the Tri-Valley Chapter of the Na- what happened I immediately contacted my country. tional Organization for Women (NOW). The good friend, and Chairman of the House Gov- Despite the best of efforts, long-established Tri-Valley Chapter represents the cities of ernment Reform Committee Subcommittee on vices continue to claw at our society. Plus, our Pleasanton, Dublin, and Livermore, California. National Security, Emerging Threats and Inter- world faces an even deeper evil, one rooted in Attendees at the Third National Conference national Relations, CHRIS SHAYS, to hold a radical extremism, one that finds its way to our of the Commission on the Status of Women hearing in San Mateo. Chairman SHAYS recog- society through terrorism. So clearly, there is established the National Organization for nized right away the seriousness of this prob- still a need to focus on problems of the soul, Women on June 30, 1966 in Washington, DC. lem and graciously agreed to hold a Sub- and a need to find role models willing to give The Commission on the Status of Women re- committee field hearing on August 2, 2004. of their time and resources so that our young ported in 1963, that despite having won the During the course of the hearing, we heard people have the opportunity to grow, learn, right to vote, women in the United States were from representatives of law enforcement at the and accept responsibility. still discriminated against in virtually every as- federal, state and local levels, as well as Mentoring is a very worthwhile and much pect of life. In 1974, eight years following the members of the explosives industry. Mr. needed cause. Mentors serve as a guiding Commission’s report, Tri-Valley NOW was Speaker, I can honestly say that in the 20-plus light, a benchmark, and a valuable asset for founded during a national surge in women’s years I have been a member of the House of the many young people in America who might activism. Representatives, this hearing was clearly one not otherwise have access to such a role The year 1974 was a time of upheaval and of the most informative that I had ever been model. change. President Nixon resigned and Vice a part of.

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.076 E30PT1 E1756 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2004 However, I was shocked at the abysmal cers. That is why we included a matching Since its beautiful building opened in Lincoln performance by the Bureau of Alcohol, To- grant program to assist law enforcement agen- Park in 1999, the Notebaert Museum has bacco and Firearms (ATF), which is tasked cies cover the costs associated with improving served as a cornerstone for innovative sci- with the responsibility of regulating the sale of their security at their explosive storage sites. entific learning and environmental programs, explosives in our country. During the hearing, However much the cost of improving security and allowed thousands of visitors to come and it became quite clear that ATF had absolutely at these facilities may be, I can assure you see exhibits on the wonders of nature and our no idea of how many explosive storage sites that it is less than the cost of allowing these environment. And with the opening of ‘‘Mys- there are in this country. Given the fact that types of explosive materials to fall into the teries of the Marsh,’’ ‘‘Istock Family Look-in our country uses about 2.5 million metric tons hands of terrorists. Animal Lab,’’ ‘‘RiverWorks,’’ and ‘‘Rooftop of explosives every year, the idea of any of it Mr. Speaker, after listening to the testimony Stop and the Nature Museum Greening being unaccounted for should concern all of from all of the witnesses, it became increas- Project,’’ the numerous educational opportuni- us. Equally troubling was the revelation that ingly apparent that it would make no sense for ties the museum provides will be greatly en- there is minimal regulation—and zero enforce- the federal government to require law enforce- hanced. ment—of the storage of equally, or even more ment agencies to have licenses to store high The Peggy Notebaert Nature Museum grew hazardous explosive material by law enforce- explosives, as private-sector entities are re- out of the Chicago Academy of Sciences, ment agencies, which means that communities quired to do. When private-sector entities that founded by Robert Kennicott in 1857 as Chi- across this country face a menace that we sells high explosives are told to improve stor- cago’s first museum. The Great Chicago Fire need to address right away: large caches of age security or face the prospect of losing destroyed many of the original collections, but high explosives are being kept in countless lo- their licenses, they will shape up—or else they by 1893 the Matthew Laflin building was con- cations, with nobody held accountable for their lose access to the explosives. But law en- structed which housed the museum’s collec- safe-keeping. forcement agencies have no such economic tions for over 100 years. The museum’s new Mr. Speaker, this is a September 10th incentives; we’re not going to take these mate- building located along the northern Chicago standard for a September 12th world, and it is rials away from them. So some other form of lakefront is an architectural masterpiece wor- simply unacceptable. We need uniform federal financial incentive, under federal government thy of the treasures located within. standards that will be uniformly enforced control, is called for. Today the Notebaert Museum continues the across the country. I am pleased to report to The H.R. 5162 ensures compliance from same tradition of education and enjoyment of my colleagues that the Shays-Lantos legisla- local jurisdictions by using the enormous the environment that was its original mission. tion that we are introducing today creates power of the Congressional purse. This legis- The opening of these new exhibits will, no such standards. lation tasks the Attorney General with inspect- doubt, be a tremendous success. There are obvious and logical reasons for ing law enforcement storage facilities, and if a Mr. Speaker, I join with the people of the local law enforcement agencies to have explo- facility is found to be in non-compliance with 5th district, indeed all of Chicago, in congratu- sive materials. For example, a police agency federal regulations, our bill requires the Attor- lating the Peggy Notebaert Nature Museum on that maintains a bomb squad unit, as many ney General to reduce that law enforcement its continued importance to Chicago and the larger departments do, needs a ready supply agency’s Department of Justice grants by environmental community. I thank the staff of material for training purposes. Other legiti- 10%. and trustees of the museum for their diligent mate uses include training bomb-sniffing dogs Mr. Speaker, Chairman SHAYS and I are in- work and dedication toward making the mu- or holding confiscated contraband for evi- troducing this legislation because we want to seum one of the elite learning institutions in dentiary purposes. No one doubts the legiti- ensure the safety of this country. The tragedy the country. of September 11, 2001 destroyed the inno- mate need for local law enforcement agencies f to maintain storage facilities, but the lack of cence of our nation and opened our eyes to BETHUNE-COOKMAN COLLEGE any clear guidelines on the manner of storage the true threat of terrorism. That awful day re- CENTENNIAL is very troubling. vealed that the United States was confronting At a time when explosives are the preferred a ‘‘Guns of Singapore’’ phenomenon. As our weapon of choice of international terrorists, it colleagues undoubtedly know, during the Sec- HON. JOHN L. MICA was alarming to learn of a facility, located just ond World War, the guns of Singapore, a OF FLORIDA a few miles from the heart of a major metro- mighty array of armaments, were fixed in IN THE HOUSE OF REPRESENTATIVES politan area, that was as undefended and un- place aiming out to the ocean, defending the Wednesday, September 29, 2004 island from the expected threat. Instead, the protected as the facility in San Mateo. The Mr. MICA. Mr. Speaker, I rise today on the stolen materials could have been sold to the true threat, the actual invasion and the even- tual occupation of Singapore, came from the 100th anniversary of the founding of the Be- highest bidder and used against any target, thune-Cookman College in Daytona Beach, near or far away. And the same can be said land—and the massive guns were never fired in battle. Likewise, prior to September 11, the Florida. for storage locations nationwide. On October 4 , 1904, Dr. Mary McLeod Be- United States had not directed its enormous To address this shortcoming the Shays-Lan- thune opened the Daytona Literary and Indus- tos legislation, H.R. 5162, the Law Enforce- power in the proper direction. Mr. Speaker, there are many fronts in the trial School for Training Negro Girls in Day- ment Explosive Storage Enhancement Act, re- tona Beach with 5 pupils, $1.50 in capital and quires every state to submit a list to the Attor- international struggle against terrorism. Pas- sage of the H.R. 5162, the Law Enforcement an unwavering faith in God. ney General reporting how many locations are Today, that initial investment has grown into in their respective states. The legislation fur- Explosive Storage Enhancement Act, will be a crucial step in this battle, as it will prevent po- a diverse student body of nearly 3,000, an an- ther requires an inventory to be kept so that nual budget of $50 million and an endowment the Attorney General is aware of how much tential terrorists from easily accessing explosive materials stored throughout the country. I of $26 million. explosive material is being stored at these fa- Today, the Bethune-Cookman College urge all of my colleagues to join me in calling cilities around the country. These changes will Board of Trustees is comprised of national for its immediate passage. allow better monitoring of these dangerous corporate leaders, educators and religious materials. f leaders. In addition the Shays-Legislation to create HONORING THE PEGGY In 1923 the school begun by Dr. Bethune uniform federal regulations to ensure that all NOTEBAERT NATURE MUSEUM merged with the Cookman Institute of Jack- local law enforcement agencies are storing sonville, Florida and 1 year later it became af- their explosives in a safe and secure manner. filiated with the United Methodist Church. This includes requiring law enforcement facili- HON. RAHM EMANUEL OF ILLINOIS Today Bethune-Cookman College enjoys and ties to have a security system that, at a min- IN THE HOUSE OF REPRESENTATIVES flourishes in its relationship with the Board of imum, will include either a video surveillance Higher Education and Ministry of the United Wednesday, September 29, 2004 camera or an alarm system capable of noti- Methodist Church. fying the agency of an unauthorized entry. Mr. Mr. EMANUEL. Mr. Speaker, I rise to ac- In 1931 the school evolved into a junior col- Speaker, Chairman SHAYS and I are cognizant knowledge the tremendous work being done lege and became known as it is today, Be- of the fact that many of our local police chiefs at one of Chicago’s greatest institutions, the thune-Cookman College. are facing the tightest budgets they have ever Peggy Notebaert Nature Museum, on the oc- In its 100-year history the College has had dealt with, and that this requirement could casion of the opening of several exciting new only four presidents: Dr. Mary McLeod Be- produce a major burden for many local offi- exhibits. thune; Dr. James E. Colston; Dr. Richard V.

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K29SE8.001 E30PT1 September 30, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1757 Moore, Sr.; and Dr. Oswald P. Bronson, Sr. In still uncertain whether or not the two bul- 150,000 American workers, including about this 100th year since its founding, Dr. Trudie lets were fired from a single gun or from two 54,000 in the civil aircraft industry. Last year Kibbe Reed has been appointed by the Board guns with the same make of barrel. it purchased about $24 billion in supplies and The analysis Lee presented in New York of Trustees to lead Bethune-Cookman College yesterday was the final report following four services from more than 26,000 U.S. compa- into its second century as the fifth overall and months of advanced scientific examinations nies located in all 50 States. It is one of the the second female to serve as president. carried out by him and his colleagues. largest employers in the country and our Na- During this century of service Bethune- According to Lee, his analysis of the evi- tion’s largest single exporter of manufactured Cookman College has earned and maintained dence had helped him to reach a more precise goods by value. institutional and programmatic accreditation. conclusion regarding the location of the ‘‘hot But you may not be as familiar with the Such adherence to high standards has earned zone’’ area from which the shots were fired. background of Airbus. Over 30 years ago, Air- Bethune-Cookman College a world-wide rep- He acknowledged that on his trip to Tai- bus was founded by a European consortium of wan earlier this year he had had difficulty French, German, and later Spanish and British utation for academic excellence and compas- solving the case because of the shooter’s use sionate service. of a homemade handgun. The chance of companies to compete in the large commercial Bethune-Cookman College now matriculates clearing the case would be improved once aircraft industry with U.S. companies. Unable students in 37 major areas through six aca- criminal investigation agents could find the to secure commercial funding for the venture, demic schools: business, education, human- gun, Lee said at the time. European governments stepped up to provide ities, nursing, science and mathematics, and Lee made a three-day trip to Taiwan in about $1 billion in loans and aid to establish social sciences. In its 63-year service as a 4- April at the invitation of State Public Pros- the company. year baccalaureate-degree-granting liberal arts ecutor General Lu Ren-fa, who had hoped to More than 20 years later, in 1992, Airbus solve the case before his retirement in Sep- had grown to take about one-fifth of the com- college, more than 12,000 students have grad- tember. uated to assume leadership roles in their com- Speaking with reporters in New York, Lee mercial airplane market. But despite its signifi- munities and in the global workplace. stressed that his investigation was free of cant growth and share of the market, Euro- Mr. Speaker, as a member of the U.S. any political influence. ‘‘We’ll let the evi- pean governments continued to provide enor- House of Representatives representing Flor- dence speak (for itself),’’ he said. ‘‘The report mous subsidies to the company to ensure it ida’s 7th Congressional District, I am pleased is presented according to evidence and has had an edge against the remaining U.S. com- to honor Bethune-Cookman College on the oc- nothing to do with political disputes or (the petitors, Boeing and McDonnell Douglas. casion of Centennial Founder’s Day. Today, I shooter’s) motive, neither is it involved with In an attempt to address these subsidies, an the ongoing criminal investigation,’’ he said. agreement was signed in 1992 between the join many others in congratulating Bethune- He further noted that it would be better if Cookman College on its 100th year since the the details of his analysis were published by United States and the European Union on founding of Dr. Mary McLeod Bethune’s vision Lu or by the Taiwan criminal investigative trade in large civil aircraft. This agreement lim- that has become a great legacy for all of us authorities. its direct government support of new aircraft to to share. Lee sealed the report before presenting it no more than one-third of the total develop- to Hsia, who is responsible for delivering it ment costs, with the further agreement that f to Taipei. Prosecutor General Lu is antici- these subsidies would be reduced over time. LEE RULES OUT ASSASSINATION pating that he would receive the document Yet over the last 12 years, the European IN SHOOTING INVESTIGATION today. Union has used this one-third limit as its base Commenting on the ‘‘truth commission’’ figure for determining how much of a subsidy proposed by the opposition parties in Taiwan HON. EDOLPHUS TOWNS to conduct an independent probe into the in- to provide rather than to reduce the amount of the subsidy they provide. OF NEW YORK cident, Lee said that he hopes ‘‘the committee will examine the truth (found by fo- As a result, Airbus has grown to dominate IN THE HOUSE OF REPRESENTATIVES rensic evidence) and give the criminal inves- the large commercial aircraft industry, Wednesday, September 29, 2004 tigators more room to solve the case.’’ outdelivering Boeing for the first time in history Mr. TOWNS. Mr. Speaker, I submit the fol- f in 2003. As recently as 1999, Boeing delivered 67 percent of new planes; in 2003, that figure lowing article for the RECORD: DEFENDING BOEING [From the Taiwan News, Aug. 30, 2004] dropped to 47.5 percent. And the comparative value of the planes ordered has dwindled LEE RULES OUT ASSASSINATION IN SHOOTING INVESTIGATION HON. NORMAN D. DICKS even more significantly. In 2003, the value of OF WASHINGTON Airbus’s orders was more than twice as much U.S.-based forensic expert Dr. Henry Lee who was investigating the March 19 shooting IN THE HOUSE OF REPRESENTATIVES as Boeing’s. The effect has been disastrous on U.S. of President Chen Shui-bian has concluded Wednesday, September 29, 2004 that the incident was not an assassination workers and the American economy. More attempt. Mr. DICKS. Mr. Speaker, among the many than 60,000 jobs have been lost in the com- Lee, who handed his analysis to a Taiwan economic challenges our Nation faces at this mercial aviation industry in the United States government official in the U.S. early yester- time is the impact of unfair foreign trading since 1999. Many thousands of these jobs day, said that he was unable to issue a con- practices, and I would like to speak today were lost in the Pacific Northwest, but the ef- clusive report, but advised that his findings about the direct and substantial subsidies that fects have been felt by suppliers and facilities in examining the forensic evidence could continue to be provided to the European con- help criminal investigators in their own throughout the country. probe. sortium, Airbus Industrie, costing more and What has been responsible for the meteoric ‘‘An important finding on the bullets, one more American manufacturing jobs every year. rise of Airbus? Their ability to provide a good made of copper and the other of lead, is that The time has come for the American gov- product at below-market prices because of the they both have clear barrel marks,’’ Lee said ernment to recognize the damage that has oc- generous subsidies they continue to receive to reporters in New York after he submitted curred to our economy, and to take firm action from European governments. his 130-page report and a CD containing 150 to curtail what I believe is both unfair and ille- These subsidies take several forms. One is photos to Andrew Hsia, director general of gal foreign competition. through direct capital injections from European Taipei Economic and Cultural Office in New These subsidies from four European gov- governments. Between 1987 and 1994, for ex- York, Saturday morning local time. ‘‘This means a chance for clearing up the ernments, which include aircraft launch assist- ample, the French government provided $4.5 case, as long as (criminal investigators) can ance, capital injections, and debt forgiveness, billion in fresh capital to Aerospatiale, a mem- find out the right (gun) barrel,’’ Lee said. have enabled Airbus to develop and market a ber of EADS which owns 80 percent of Airbus, ‘‘This case was not a political assassination range of commercial airliners at well below to offset continuing losses. As recently as because (in such a case) a more powerful cost. Unless this practice is checked, I am 1998, the French government transferred its weapon than a homemade pistol would have afraid that it will drive the Boeing Company, 46 percent share of Dassault Aviation, worth been used,’’ he told reporters. Airbus’ only remaining worldwide competitor approximately 880 million euros, to He further advised that criminal investiga- and our largest net-exporter, out of the com- Aerospatiale. tors in Taiwan should crackdown on illegal firearms and ‘‘check (the barrel marks) of all mercial airline manufacturing business alto- My colleagues, can you imagine the U.S. seized firearms to find the gun.’’ gether. Congress giving the Boeing Company $4.5 bil- His findings could also help in locating the Most Americans are familiar with the Boeing lion outright to offset commercial failures? factory at which the illegal gun was made, Company, but I would like to remind my col- Boeing has never received this kind of cash the forensic expert said, adding that he was leagues that Boeing employs more than payout from our government.

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.080 E30PT1 E1758 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2004 Another form of subsidy commonly used by in launch aid, the Europeans have used it as which is charged against the sale of a product. European governments is to forgive the debt a justification to provide exactly 33 percent of As we know, launch aid provided to Airbus is on loans provided by member governments. the funding to all new aircraft designs over the an upfront loan the company receives before Between 1987 and 1989, the German govern- past 12 years. the pencil is even put to paper; conversely, ment settled more than two-thirds of Deutsche Contrarily, Boeing has not received even this tax benefit only comes when a plane is Airbus’s state-guaranteed loans, worth ap- one dollar in aid from the U.S. government to actually sold and payment received. In no way proximately 3 billion deutschmarks at the time. design and produce a new model of aircraft. can this tax benefit be considered the equiva- Between 1997 and 1998, the German govern- When Boeing wants to launch a new plane, it lent of launch aid. ment completely forgave 7.4 billion must either come up with its own cash or bor- Further, this tax benefit is not specific to any deutschmarks in outstanding launch aid and row the money from a commercial lender. company or product, unlike the loans and in- other debt granted to Airbus. That is more Airbus’s newest project, the A380, is an ex- frastructure improvements funded by the Euro- than 4 billion U.S. dollars in debt the German cellent example of how their system works. peans. Suppliers to both Boeing and Airbus government forgave. The A380 is one of the riskiest ventures in the will qualify for some for the tax cuts provided What venture could possibly fail when so history of civil aviation. Scheduled for comple- by the Washington State Legislature. Airbus, much debt is just written off? Boeing has tion in 2006, the A380 will carry up to 555 itself, could qualify for the tax cut should it never received such outrageously generous people and have a range of 8,000 nautical place a facility in Washington State. I do not treatment by its creditors, nor do I expect that miles. But significant questions surround how think Boeing would receive the same sub- it ever will. well this super-jumbo aircraft will be accepted sidized loans, debt forgiveness, or capital infu- Although these two kinds of subsidies I by the airlines. Some analysts have ques- sions should it put a plant in France, Spain, or have described are very serious, they pale in tioned whether the A380 will fit into a market- Germany. comparison to the launch aid that Airbus replace that is trending away from the traditional The final myth I wish to dispel is Airbus’ ceived to design and produce new aircraft hub-and-spoke model, which relies on large claim that it has a major industrial presence in products. During the past 30 years, European aircraft, to more point-to-point flights, which the United States. Last year, Airbus produced governments have provided more than $15 bil- utilize smaller, longer-ranged planes. a brochure that claimed that more than 40 lion in the form of low- and no-cost loans to Regardless of the risk, European govern- percent of the content of its planes was from Airbus for the specific purpose of developing ments have committed $3.7 billion in launch the U.S. and that it had more than 800 U.S. new aircraft lines. If you applied a commercial aid to the A380. So, should Airbus’s assump- suppliers and sustained 100,000 jobs. rate of interest over time to these ‘‘loans’’, the tions about the market prove to be off the This brochure was nothing more than a commercial value would be some $40 billion. mark, it will not be required to pay back the piece of marketing fiction. The U.S. Depart- Airbus’ parent companies do carry $5 billion in money. ment of Commerce analyzed this brochure debt on their books. The ‘‘missing’’ $35 billion Further, Airbus will also receive more than and other data and found that the number of is the value of the government subsidy. $1.7 billion in A380–infrastructure-related pro- U.S. suppliers is likely closer to 250, and fur- Public documents from the French Senate duction support. France, Germany, Spain, and ther found that the number of jobs claimed provide the best explanation that I have seen the United Kingdom are funding major up- was impossible to justify. In fact, Commerce of what is particularly nefarious about launch grades of existing facilities or new construction found that the only concrete number that it aid: projects at almost all of these sites. For exam- could verify was the number of Airbus employ- Launch aid is only repaid if development ple, the City of Hamburg drained part of the ees in the U.S.: less than 500. and production lead to commercial success. river Elbe so that Airbus could expand its ex- Conversely, Boeing really is an American If the project fails, agreement provides that isting facilities to accommodate A380 assem- company. No one argues that it employs no reimbursement is owed. Indeed the gov- bly and production. In Toulouse, the govern- 150,000 American workers and has thousands ernment lender assumes the opportunity ment financed the construction of a huge, new of suppliers and vendors from every State in costs of launch aid for a period of time that varies, but depends mainly on the project’s assembly site. There are several other exam- the Union. And Boeing assembles most of its commercial success and timetable. ples, but I think it is enough to say that the components and all of its aircraft here in the federal and local governments in Europe are United States. The same cannot be said for The bottom line is that Airbus only has to offering significant benefits to the A380 Airbus. pay back these multi-billion dollar loans if their project. European Commissioners have already ex- product turns a profit. Should an airplane de- My colleagues may be aware of Airbus’s on- pressed their intent to continue to provide sign fail to gain support in the marketplace, going media blitz, which is spreading consider- enormous subsidies to Airbus for the foresee- which has happened often in the past, Airbus able disinformation about the level of their able future, driving down prices and taking doesn’t have to pay back one euro that it has subsidization and calling into question whether more and more market share from Boeing. We borrowed. Boeing profits from the same sort of program. cannot let this continue. The future of the Had Airbus been forced to seek these funds The first red herring I would like to address commercial aircraft industry is at stake, as are from commercial lenders, as Boeing does is Airbus’s faulty claim that Boeing’s commer- the jobs of 54,000 Boeing commercial aircraft when it seeks to design and produce a new cial aviation division benefits unfairly from re- employees and 26,000 suppliers. model, it would have cost them $35 billion search and development contracts it receives This week, United States Trade Representa- more. from the Department of Defense. I have tive Robert Zoellick is meeting here in Wash- The Europeans do not even try to hide just served on the Defense Appropriations Sub- ington with European Trade Commissioner how critical this launch aid subsidy is to Air- committee for 26 years, and I can tell you that Pascal Lamy. A key issue on the table will be bus. In 2003, British Prime Minister Tony Blair the amount of R&D benefits transferred from launch aid and the other subsidies that Airbus told the House of Commons, ‘‘As a result of defense research to the commercial side is receives from European governments. launch aid, Airbus is today in a position where minimal. Indeed, in my experience the benefits Should the EU not agree to proceed with it can take over the leadership of the large air- travel in the other direction. discussions to end these subsidies, I believe craft market from Boeing in the United And even if there were benefits accrued, that the United States should file a trade case States.’’ Airbus and its parent companies—EADS and with the World Trade Organization to end In 1999, the European Commission noted BAE Systems—get just as much as Boeing. them. Airbus and the Europeans claim that the just how heavily Airbus relies on launch aid, Last year, Boeing received defense R&D con- U.S. and the State of Washington provide stating: tracts worth about $4.6 billion. Comparatively, similar subsidies—let them file their case. In Aerospatiale could not finance the costs connected with the development of the Air- Airbus, EADS, and BAE systems received my judgment, the law is clear, and we will win bus A340–500/600 by itself or with the help of $4.3 billion from U.S. and European govern- in the WTO. bank loans . . . Accordingly, if it were to fi- ments for defense R&D, a negligible dif- Regardless of the outcome of this meeting nance the development costs of the A340–500/ ference. between Ambassador Zoellick and Commis- 600 solely from its own capital (or through Airbus also likes to claim that my home sioner Lamy, I believe the United States bank loans), it would seriously weaken the State of Washington is providing ‘‘launch aid’’ should immediately withdraw from the 1992 financial structure of the company. in the form of a $3.2 billion tax program for the Agreement on Trade in Large Civil Aircraft. The 1992 agreement limits the amount of Boeing Company’s newest project, the 7E7. This agreement was designed to allow Airbus launch aid to 33 percent of the total costs of This claim couldn’t be further from the truth. to compete with larger and more establish design and production. But although the The tax break is in the form of a reduction in U.S. companies; now that Airbus is the top agreement was intended to lead to a reduction the State’s business and occupation tax, dog, this agreement has run its course. It

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.084 E30PT1 September 30, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1759 should no longer be allowed to serve as a APPOINTMENT OF CONFEREES ON we are proposing today retains traditional legal justification for European launch aid. H.R. 4200, NATIONAL DEFENSE state authority over non-commercial driver’s li- AUTHORIZATION ACT FOR FIS- censes, but recognizes that disparate stand- I urge my colleagues to help me defend one CAL YEAR 2005 ards, outmoded technologies and inadequate of the largest employers in the United States security features create risks that are national and the largest exporter in the Nation from SPEECH OF in scope and therefore justify Federal re- what I believe to be Airbus’ true agenda—the HON. SILVESTRE REYES sources and technical assistance. elimination of commercial aircraft production in OF TEXAS A driver’s license is a dangerous tool in the the United States. We must not allow this to hands of a criminal. It allows them to easily IN THE HOUSE OF REPRESENTATIVES happen. travel on our roads, open bank accounts, rent Tuesday, September 28, 2004 vehicles, and take domestic flights. The driv- f Mr. REYES. Mr. Speaker, I submit for the er’s license has come to represent more than RECORD the text of the Ortiz amendment as authorization to operate a motor vehicle; it im- HONORING THE APPOINTMENT OF agreed to by the House Armed Services Com- parts a stamp of legitimacy and is often taken JIM MORGO AS SUFFOLK COUN- mittee on May 12, 2004 and as was to be as unquestionable proof of identity. Posses- TY COMMISSIONER OF ECONOMIC printed in the House record as agreed to by a sion of a driver’s license allows criminals to DEVELOPMENT colloquy between Representative HUNTER and easily travel and blend into the population. myself on May 20, 2004. The text of the Ortiz Problems in our identification system were amendment follows: evident before 9/11. A thriving criminal enter- HON. STEVE ISRAEL The committee understands that the Sec- prise learned to exploit the lack of standard- retary of Defense purchases ‘bio-chem pro- ization, the hodgepodge of loosely enforced OF NEW YORK tective suits’ from the National Center for rules, and antiquated security features, to IN THE HOUSE OF REPRESENTATIVES Employment of the Disabled. It is also the serve a growing demand for fake licenses. committee’s understanding that the NCED is The black market in fake licenses was, and re- Wednesday, September 29, 2004 an entity recognized under the Javits-Wag- mains, quite lucrative, commonly yielding ner-O’Day Act (41 U.S.C. 46–48c), as an entity that creates jobs and training opportunities $2,000 for a single fake license. Mr. ISRAEL. Mr. Speaker, I rise today to Many of the 9/11 hijackers used black mar- honor Jim Morgo, who has exceptionally for people who are blind or who have other severe disabilities. ket ‘‘brokers’’ to illegally obtain driver’s li- served the people of Long Island, as an af- f censes. 13 of the 19 hijackers were able to fordable housing advocate. I also wish to con- obtain driver’s licenses or non-driver ID cards. gratulate him on his appointment as the Com- IN SUPPORT OF THE DRIVER’S LI- Like illegal gun dealers, those who profit from missioner of Economic Development for Suf- CENSE IMPROVEMENT AND SE- this illicit racket ask few questions and care lit- folk County. Jim has served as the President CURITY ACT OF 2004 tle about the consequences of their actions. of the Long Island Housing Partnership for Since we first introduced legislation to rem- over 17 years. During this time, he has be- HON. JAMES P. MORAN edy this problem, two reputable commissions have called for Federal government action. come Long Island’s leading voice in support of OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES The Markle Foundation Task Force on Na- both the preservation and production of hous- tional Security in the Information Age and the ing for our region’s working families. Wednesday, September 29, 2004 9/11 Commission recommended that the Fed- The Long Island Housing Partnership LIHP Mr. MORAN of Virginia. Mr. Speaker, today eral government should take action to stand- is a private, not-for-profit organization created we are pleased to introduce the Driver’s Li- ardize and improve the integrity of our driver’s by Long Island’s business, religious, edu- cense Improvement and Security Act of 2004, license and ID card system. Since the 9/11 cational and professional leaders to address or DLISA, which will create a six state pilot commission’s report was released, other legis- the region’s growing housing crisis. This part- project to standardize and modernize state- lative proposals have been unveiled, but none issued driver’s licenses and identification of them would fully implement the biometric nership is dedicated to providing housing op- cards. Two years ago I joined my colleague, and smart card technologies recommended by portunities for those who could not otherwise TOM DAVIS, in sponsoring legislation to create the Markle Task force and 9/11 Commission. afford decent and safe housing. The LIHP re- nationwide standards for driver’s licenses and Our bill takes full advantage of available tech- alizes its purpose through mortgage coun- identification cards. nologies and addresses specific logistical, seling, housing development, and promotion of Our previous attempt to address funda- interoperability and policy concerns revealed affordable ownership and rental units for low mental flaws in the driver’s license system by countless studies and reports on the sub- and moderate income Long Islanders. Created may have been rather ambitious, but existing ject over a number of years. DLISA draws in 1988, Jim Morgo was it’s first President and vulnerabilities in our identification system upon these findings and balances some out- he played a critical role in placing the LIHP at present a clear threat to our Nation’s security standing concerns about privacy, states’ rights the forefront of all of the area’s debates affect- and allow criminals to subvert our laws. A pilot and the need for greater uniformity. ing affordable housing and community devel- project will allow the Secretary of Transpor- The technology embraced in our bill is far tation and participants in the program to work from nascent. Private companies and govern- opment. out interoperability and logistical concerns on ment agencies currently utilize smart card and It is impossible to measure the number of a smaller and more manageable scale. biometric technologies in their ID cards. Smart families Jim Morgo has helped and lives he Today’s legislation is the product of several cards have been in use for years in the mili- has touched as he worked to develop afford- years of hard work, input and research by tary with the Common Access Card, or CAC. able homes, and create new and innovative state motor vehicle authorities, policy, tech- Congress sanctioned the use of smart card bi- ways to enable working families to achieve the nology, and identification security experts. As ometric technology in the USVISIT visa pro- dream of homeownership. my colleagues prepare to consider com- gram. prehensive legislation to overhaul our national DLISA will not create a national ID card. In- I am sure that in his new role, Commis- intelligence institutions, I strongly urge them to stead, it preserves state authority and takes sioner Morgo will continue to find creative consider the following question: Why has it advantage of the existing state motor vehicle means to help low-income families achieve the taken so long for us to repair a gaping hole in infrastructure and system of linked networks. dream of homeownership, help our young our identification system that leaves us vulner- In fact, DLISA is a step back from earlier con- families purchase their first home in the neigh- able to criminals and terrorists? Reform should gressional legislation. Congress created uni- borhood where they grew up, and expand begin with the obvious—basic vulnerability form standards for commercial licenses when community development opportunities for the issues. it passed the Commercial Motor Vehicle Safe- entire Suffolk County Community. I congratu- I agree with the 9/11 Commission’s conclu- ty Act of 1986, paving the way for the Com- late him on his appointment, thank him for his sion that institutional national intelligence re- mercial Driver’s License Information System, form is necessary, but I am dismayed by the or CDLIS. Congress has also recognized the service, and look forward to working with him lack of attention being paid to chronic and cor- need to assist state licensing authorities in a in the years to come. rectable shortcomings in our driver’s license non-commercial context when it created the and ID card system. The legislative solution National Driver Register; which, like this bill,

VerDate Aug 04 2004 02:27 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.088 E30PT1 E1760 CONGRESSIONAL RECORD — Extensions of Remarks September 30, 2004 was implemented first as a pilot program. the efficiency of that system, which will in turn we do away with all forms of identification. But DLISA is entirely voluntary, only states that make it harder for illegal aliens to get jobs with this legislation will not create invasion of pri- wish to participate in the pilot project must ad- honest employers. Many people consider this vacy risks that do not already exist today. It here to the guidelines. In setting the authoriza- an undesirable side effect of improving the will, however, significantly reduce the risk of tion amount, we relied on the states own cost driver’s licensing system; after all, the vast identity theft, and correct current widespread projections. States will not incur any expense majority of immigrants are hard-working peo- abuses in the system. As an added benefit, under DLISA. ple trying to make better lives for their fami- the technology will make it easier for law en- Of course there are many out there who lies. The solution, however, is to change the forcement officials to do their job by elimi- fear change. Civil libertarians, conspiracy rules governing immigration, not to preserve nating wasted time filling out tickets and pa- theorists and absolutists will attempt to char- the fraud in the ID system. perwork, but it will not magically transform acterize DLISA as a threat to individual pri- Finally, DLISA does not allow the govern- every law enforcement officer or civil servant vacy. In fact the opposite is true. By reducing ment to track people’s movements. Smart into a voyeur or jackbooted thug bent on identity theft (clearly a privacy concern), con- cards do not work with satellites to track your harassing you at every turn. trolling access to personal data through movements. The best government could do in Taken as a whole, the potential benefits of encryption and proper regulations, and making tracking your movements is maintain records smart licenses far outweigh the potential risks. it easier to create a digital paper trail on gov- of where and when you are asked to show The vast majority of Americans understand ernment employees who access your data, your license, something it already does by that privacy is a tradeoff rather than an abso- smart cards will actually reduce privacy viola- writing down your driver’s license number. For lute, and will accept the risks in exchange for tions. example, when you enter a government build- the benefit—added security. Nor will my bill adversely harm immigrants. ing for a meeting, the security guard may I urge my colleagues to cosponsor this bill, Congress has long been trying to improve the record your information in a log. and give this issue the urgent attention re- system to verify worker eligibility, and smart It is difficult to completely allay the concerns quired to correct serious flaws in our driver’s driver’s licenses will make a quantum leap in of civil libertarians and privacy advocates, lest licensing and ID card system.

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HIGHLIGHTS House Committees ordered reported 18 sundry measures. Senate funding and extend the period of authorization for Chamber Action certain coastal wetland conservation projects. Routine Proceedings, pages S9995–S10194 Pages S10185–86 Measures Introduced: Thirteen bills and one reso- National Wildlife Refuge Volunteer Act: Senate lution were introduced, as follows: S. 2867–2879, passed H.R. 2408, to amend the Fish and Wildlife and S. Con. Res. 139. Page S10061 Act of 1956 to reauthorize volunteer programs and Measures Reported: community partnerships for national wildlife refuges, S. Res. 424, designating October 2004 as ‘‘Pro- clearing the measure for the President. Page S10186 tecting Older Americans From Fraud Month’’. Improving Access to Assistive Technology for In- S. 2195, to amend the Controlled Substances Act dividuals with Disabilities Act: Committee on to clarify the definition of anabolic steroids and to Health, Education, Labor, and Pensions was dis- provide for research and education activities relating charged from further consideration of H.R. 4278, to to steroids and steroid precursors, with an amend- amend the Assistive Technology Act of 1998 to sup- ment in the nature of a substitute. port programs of grants to States to address the as- S. 2843, to make technical corrections to laws re- sistive technology needs of individuals with disabil- lating to Native Americans, with amendments. ities, and the bill was then passed, after agreeing to the following amendment proposed thereto: Page S10059 Pages S10186–92 Measures Passed: Inhofe (for Gregg) Amendment No. 3943, in the Welfare Reform Extension Act: Senate passed nature of a substitute. Page S10192 H.R. 5149, to reauthorize the Temporary Assistance Honoring Duke Ellington: Senate agreed to H. for Needy Families block grant program through Con. Res. 501, honoring the life and work of Duke March 31, 2005, clearing the measure for the Presi- Ellington, recognizing the 30th anniversary of the dent. Pages S10180–83 Duke Ellington School of the Arts, and supporting Highway Trust Fund Extension: Senate passed the annual Duke Ellington Jazz Festival. Page S10192 H.R. 5183, to provide an extension of highway, State Justice Institute Reauthorization Act: highway safety, motor carrier safety, transit, and Committee on the Judiciary was discharged from other programs funded out of the Highway Trust further consideration of H.R. 2714, to reauthorize Fund pending enactment of a law reauthorizing the the State Justice Institute, and the bill was then Transportation Equity Act for the 21st Century, passed, after agreeing to the following amendment clearing the measure for the President. proposed thereto: Page S10192 Pages S10183–85 Inhofe (for Leahy/Hatch) Amendment No. 3944, to extend the authorization of the Bulletproof Vest Safe Water Drinking Act Amendment: Senate Partnership Grant Program. Page S10192 passed H.R. 2771, to amend the Safe Drinking Water Act to reauthorize the New York City Water- National Intelligence Reform Act: Senate contin- shed Protection Program, clearing the measure for ued consideration of S. 2845, to reform the intel- the President. Page S10185 ligence community and the intelligence and intelligence-related activities of the United States Gov- Coastal Wetland Conservation Projects Exten- ernment, taking action on the following amend- sion: Senate passed S. 2495, to strike limitations on ments proposed thereto: Pages S9997, S10000 D977

VerDate Aug 04 2004 07:00 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D30SE4.REC D30SE4 D978 CONGRESSIONAL RECORD — DAILY DIGEST September 30, 2004 Adopted: Reid (for Schumer) Amendment No. 3887, to Graham (FL) Amendment No. 3797, to improve amend the Foreign Intelligence Surveillance Act of the authorities with respect to the national intel- 1978 to cover individuals, other than United States ligence centers. Pages S10000–04 persons, who engage in international terrorism with- McCain Amendment No. 3806, to improve the out affiliation with an international terrorist group. transition between Presidential administrations. Pages S10044–47 Pages S10007–09 Reid (for Schumer) Amendment No. 3888, to es- Collins (for Voinovich) Amendment No. 3823, to tablish the United States Homeland Security Signal improve the financial disclosure process under the Corps to ensure proper communications between law Ethics in Government Act of 1978. Pages S10025–26 enforcement agencies. Pages S10044–47 Rockefeller/Hutchison Amendment No. 3815, to Reid (for Schumer) Amendment No. 3889, to es- improve and provide for the review of intelligence tablish a National Commission on the United States- estimate and products. Pages S10038–40 Saudi Arabia Relationship. Pages S10045–47 Lieberman (for McCain) Amendment No. 3942, to Reid (for Schumer) Amendment No. 3890, to im- provide provisions related to the role of diplomacy, prove the security of hazardous materials transported foreign aid, and the military in the war on terrorism. by truck. Pages S10046–47 Pages S10040–41 Reid (for Schumer) Amendment No. 3891, to im- Warner/Stevens Modified Amendment No. 3781, prove rail security. Pages S10046–47 to modify the requirements and authorities of the Reid (for Schumer) Amendment No. 3892, to Joint Intelligence Community Council. strengthen border security. Pages S10046–47 Pages S10041–44 Reid (for Schumer) Amendment No. 3893, to re- Rejected: quire inspection of cargo at ports in the United Hollings Amendment No. 3795, in the nature of States. Pages S10046–47 a substitute. (By 82 yeas to 7 nays (Vote No. 193), Reid (for Schumer) Amendment No. 3894, to Senate tabled the amendment.) Pages S10033–38 amend the Homeland Security Act of 2002 to en- Lautenberg Amendment No. 3802, to stop cor- hance cybersecurity. Pages S10047 porations from financing terrorism, (By 47 yeas to A unanimous-consent agreement was reached pro- 41 nays (Vote No. 194), Senate tabled the amend- viding for further consideration of the bill at 9:30 ment.) Pages S10016–25, S10026–29, S10038 a.m., on Friday, October 1, 2004. Pages S10192–93 Pending: Legislative Information Availability—Agreement: Collins Amendment No. 3705, to provide for A unanimous-consent agreement was reached pro- homeland security grant coordination and simplifica- viding that the Committee on Rules and Adminis- tion. Page S9997 tration be discharged from further consideration of S. Lautenberg Amendment No. 3767, to specify that Res. 360, expressing the sense of the Senate that leg- the National Intelligence Director shall serve for one islative information shall be publicly available or more terms of up to 5 years each. Page S9997 through the Internet, and the resolution be placed Kyl Amendment No. 3801, to modify the privacy on the Senate calendar. Page S10193 and civil liberties oversight. Pages S10004–07 Nominations Confirmed: Senate confirmed the fol- McCain/Lieberman Amendment No. 3807, to de- lowing nominations: velop a strategy for combining terrorist travel intel- 8 Air Force nominations in the rank of general. ligence, operations, and law enforcement. 23 Army nominations in the rank of general. Pages S10009–11 2 Marine Corps nominations in the rank of gen- Feinstein Amendment No. 3718, to improve the eral. intelligence functions of the Federal Bureau of Inves- 33 Navy nominations in the rank of admiral. tigation. Pages S10011–16 Routine lists in the Air Force, Army, Marine Stevens Amendment No. 3839, to strike section Corps, Navy. Pages S10193–94 201, relating to public disclosure of intelligence Messages From the House: Pages S10058–59 funding. Pages S10029–33 Ensign Amendment No. 3819, to require the Sec- Measures Placed on Calendar: Page S10059 retary of State to increase the number of consular of- Measures Read First Time: Page S10059 ficers, clarify the responsibilities and functions of Executive Reports of Committees: Pages S10059–61 consular officers, and require the Secretary of Home- land Security to increase the number of border patrol Additional Cosponsors: Pages S10061–63 agents and customs enforcement investigators. Statements on Introduced Bills/Resolutions: Page S10038 Pages S10063–75

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Additional Statements: Pages S10057–58 McGinnis, Director, Office of Global Radiological Amendments Submitted: Pages S10075–S10177 Threat Reduction, National Nuclear Security Ad- ministration, both of the Department of Energy; Authority for Committees to Meet: Robin M. Nazzaro, Director, Natural Resources and Pages S10177–78 Environment, Government Accountability Office; Privilege of the Floor: Page S10178 and Alan Pasternak, California Radioactive Materials Record Votes: Two record votes were taken today. Management Forum, Lafayette. (Total–194) Pages S10037–38 NOMINATIONS Adjournment: Senate convened at 9:30 a.m., and Committee on Foreign Relations: on September 29, adjourned at 7:33 p.m., until 9:30 a.m., on Friday, 2004, Committee concluded a hearing to examine October 1, 2004. (For Senate’s program, see the re- the nominations of Ryan C. Crocker, of Washington, marks of the Acting Majority Leader in today’s to be Ambassador to the Islamic Republic of Paki- Record on page S10193.) stan, Marcie B. Ries, of the District of Columbia, to be Ambassador to the Republic of Albania, Cath- Committee Meetings erine Todd Bailey, of Kentucky, to be Ambassador to the Republic of Latvia, who was introduced by (Committees not listed did not meet) Senators McConnell and Bunning, and Douglas NOMINATIONS Menarchik, of Texas, to be an Assistant Adminis- trator of the United States Agency for International Committee on Armed Services: Committee ordered favor- Development, after each nominee testified and an- ably reported the nominations of Peter Cyril Wyche swered questions in their own behalf. Flory, of Virginia, to be an Assistant Secretary of Defense for International Security Policy, and 5,851 COLLEGE SAVINGS PLANS nominations in the Army, Navy, Air Force, and Ma- Committee on Governmental Affairs: Subcommittee on rine Corps. Financial Management, the Budget, and Inter- INTERNET GOVERNANCE AND SECURITY national Security concluded an oversight hearing to Committee on Commerce, Science, and Transportation: Sub- examine Section 529 College Savings Plans, focusing committee on Communications concluded an over- on levels of fees, quality of plan disclosure, state tax sight hearing to examine the Internet Corporation treatment and broker sales practices, after receiving for Assigned Names and Numbers, focusing on secu- testimony from Steven T. Miller, Commissioner, Tax rity of Internet Root Servers and the Domain Name Exempt and Government Entities Division, Internal System (DNS), after receiving testimony from David Revenue Service, Department of the Treasury; A. Gross, U.S. Coordinator for International Com- Ernesto A. Lanza, Senior Associate General Counsel, munications and Information Policy, Bureau of Eco- Municipal Securities Rulemaking Board; Michael A. nomic and Business Affairs, Department of State; Ablowich, New Hampshire State Treasurer, Concord, John M.R. Kneuer, Deputy Assistant Secretary of on behalf of the National Association of State Treas- Commerce for Communications and Information; Pat urers; Jacqueline T. Williams, Ohio Tuition Trust Morrisse, Security Director, Law Enforcement Intel- Authority, Columbus, on behalf of the College Sav- ligence, U.S. Secret Service, Department of Home- ings Plan Network; Martin M. Noven, Office of the land Security; Paul Twomey, Internet Corporation Illinois State Treasurer, Springfield; Richard O. for Assigned Names and Numbers, and Bill Man- Davis, Utah Higher Education Assistance Authority, ning, University of Southern California Information Salt Lake City; Mary L. Schapiro, NASD, New York, Service Institute, both of Marina del Rey, California; New York; Daniel McNeela, Morningstar, Inc., Chi- and Aristotle Balogh, VeriSign, Inc., Washington, cago, Illinois; and Mercer E. Bullard, Fund Democ- D.C. racy, Inc., Oxford, Mississippi. LOW-LEVEL RADIOACTIVE WASTE BUSINESS MEETING Committee on Energy and Natural Resources: Committee Committee on the Judiciary: Committee ordered favor- concluded an oversight hearing to examine issues re- ably reported the following business items: lated to the disposal availability of low-level radio- S. 1635, to amend the Immigration and Nation- active waste, focusing on the requirements of the ality Act to ensure the integrity of the L–1 visa for Low-Level Radioactive Waste Policy Act (P.L. intracompany transferees; 96–573), and commercial disposal sites, after receiv- S. 2195, to amend the Controlled Substances Act ing testimony from Christine Gelles, Director, Office to clarify the definition of anabolic steroids and to of Commercial Disposition Options, and Edward G. provide for research and education activities relating

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to steroids and steroid precursors, with an amend- be a Member, all of the United States Sentencing ment in the nature of a substitute; Commission, and William Sanchez , of Florida, to be S. Res. 424, designating October 2004 as ‘‘Pro- Special Counsel for Immigration-Related Unfair Em- tecting Older Americans From Fraud Month’’; and ployment Practices, Department of Justice. The nominations of Micaela Alvarez, to be United States District Judge for the Southern District of NOMINATIONS Texas, Keith Starrett, to be United States District Committee on Veterans Affairs: Committee concluded a Judge for the Southern District of Mississippi, Ray- hearing to examine the nominations of Mary J. mond L. Finch, to be Judge for the District Court Schoelen, of the District of Columbia, who was in- of the Virgin Islands, David E. Nahmias, to be troduced by Senator Rockefeller, and William A. United States Attorney for the Northern District of Moorman, of Virginia, who was introduced by Sen- Georgia, Richard B. Roper III, to be United States ator Graham (SC), each to be a Judge of the United Attorney for the Northern District of Texas, Lisa States Court of Appeals for Veterans Claims, and Godbey Wood, to be United States Attorney for the Robert Allen Pittman, of Florida, to be an Assistant Southern District of Georgia, Ricardo H. Hinojosa, Secretary of Veterans Affairs for Human Resources of Texas, to be Chair, Michael O’Neill, of Maryland, and Administration, after the nominees testified and to be a Member, and Ruben Castillo, of Illinois, to answered questions in their own behalf. h House of Representatives cerning Air Quality Control on the Southern Ute In- Chamber Action dian Reservation (H. Rept. 108–712, Pt. 1); Measures Introduced: 16 public bills, H.R. H.R. 1630, to revise the boundary of the Petrified 5185–5200; and; 5 resolutions, H. Con. Res. Forest National Park in the State of Arizona, amend- 506–507, and H. Res. 810, 812–813 were intro- ed (H. Rept. 108–713); duced. Pages H7944–45 H.R. 4817, to facilitate the resolution of a minor Additional Cosponsors: Page H7945 boundary encroachment on lands of the Union Pa- Reports Filed: Reports were filed today as follows: cific Railroad Company in Tipton, California, which H. Res. 811, providing for the consideration of were originally conveyed by the United States as H.R. 5183, to provide an extension of highway, part of the right-of-way granted for the construction highway safety, motor carrier safety, transit, and of transcontinental railroads, amended (H. Rept. other programs funded out of the Highway Trust 108–714); and Fund pending enactment of a law reauthorizing the H.R. 3982, to direct the Secretary of Interior to Transportation Equity Act for the 21st Century (H. convey certain land held in trust for the Paiute In- Rept. 108–710); dian Tribe of Utah to the City of Richfield, Utah H.R. 5107, to protect crime victims’ rights, to (H. Rept. 108–715). Pages H7943–44 eliminate the substantial backlog of DNA samples Speaker: Read a letter from the Speaker wherein he collected from crime scenes and convicted offenders, appointed Representative Miller of Florida to act as to improve and expand the DNA testing capacity of Speaker Pro Tempore for today. Page H7865 Federal, State, and local crime laboratories, to in- Chaplain: The prayer was offered today by Rev. crease research and development of new DNA test- William G. Alvey, Pastor, Park United Methodist ing technologies, to develop new training programs Church in Madison, Ohio. Page H7865 regarding the collection and use of DNA evidence, to provide post-conviction testing of DNA evidence Surface Transportation Extension Act, Part V: to exonerate the innocent, to improve the perform- The House passed H.R. 5183, to provide an exten- ance of counsel in State capital cases (H. Rept. sion of highway, highway safety, motor carrier safety, 108–711); transit, and other programs funded out of the High- S. 551, to provide for the implementation of air way Trust Fund pending enactment of a law reau- quality programs developed in accordance with an thorizing the Transportation Equity Act for the 21st Intergovernmental Agreement between the Southern Century, by a recorded vote of 409 ayes to 8 noes, Ute Indian Tribe and the State of Colorado con- Roll No. 481. Pages H7868, H7874–87

VerDate Aug 04 2004 07:00 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D30SE4.REC D30SE4 September 30, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D981 Agreed to make a technical correction to the bill. Meeting Hour: Agreed that when the House ad- Page H7898 journs today, it adjourn to meet at 12:30 p.m. on Rejected the DeFazio motion to recommit the bill Monday, October 4 for Morning Hour debate and 2 to the Committee on Transportation & Infrastructure p.m. for legislative business. Page H7938 with instructions to report the bill back to the Calendar Wednesday: Agreed to dispense with the House promptly with an amendment, by a yea-and- Calendar Wednesday business of Wednesday, Octo- nay vote of 199 yeas to 218 nays, Roll No. 480. ber 6. Page H7938 Pages H7884–86 H. Res. 807, waiving a requirement of clause 6(a) Discharge Petition: Representative Edwards moved of rule XIII with respect to the same day consider- to discharge the Committee on Rules from consideration of certain resolutions reported by the Rules ation of H. Res. 773, providing for the consideration Committee, was agreed to by voice vote. of H.R. 4628, to protect consumers in managed care plans and other health coverage (Discharge Petition Pages H7868–69 H. Res. 811, providing for consideration of the No. 13). bill was agreed to by voice vote. Pages H7869–74 Senate Message: Messages received from the Senate Marriage Protection Amendment: The House today appear on pages H7865, H7868, H7939. failed to pass H.J. Res. 106, proposing an amend- Senate Referrals: S. 1601 was referred to the Com- ment to the Constitution of the United States relat- mittees on Resources and the Judiciary; S. 2639 and ing to marriage, by a 2⁄3 yea-and-nay vote of 227 S. 2436 were referred to the Committee on Edu- yeas to 186 nays, Roll No. 484. Pages H7895–H7934 cation & the Workforce; and S. Con. Res. 110 was H. Res. 801, the rule providing for consideration referred to the Committee on International Rela- of the resolution was agreed to by voice vote. tions. Page H7942 Pages H7888–95 Quorum Calls—Votes: Six yea-and-nay votes and Suspensions—Proceedings Postponed: The House one recorded vote developed during the proceedings agreed to suspend the rules and pass the following of today. There were no quorum calls. Pages H7886, measures which were debated yesterday, September H7886–87, H7887, H7888, H7933–34, H7934, H7935 29: Adjournment: The House met at 10 a.m. and ad- Reauthorizing the Temporary Assistance for journed at 6:42 p.m. Needy Families block grant program: H.R. 5149, to reauthorize the Temporary Assistance for Needy Committee Meetings Families block grant program through March 31, SPECIALTY CROPS COMPETITIVENESS ACT; 2005, by a 2⁄3 yea-and-nay vote of 416 yeas with U.S. NATIONAL ARBORETUM none voting ‘‘nay’’, Roll No. 482; Page H7887 APPRECIATION ACT Department of Veterans Affairs Nurse Recruit- Committee on Agriculture: Ordered reported, as amendment and Retention Act of 2004: H.R. 4231, ed, the following bills: H.R. 3242, Specialty Crops amended, to provide for a pilot program in the De- Competitiveness Act of 2003; and H.R. 5120, U.S. partment of Veterans Affairs to improve recruitment National Arboretum Appreciation Act of 2004. and retention of nurses, by a 2⁄3 yea-and-nay vote of 411 yeas to 1 nay, Roll No. 483; Pages H7887–88 SECRET BALLOT PROTECTION ACT Honoring the life and work of Duke Ellington: Committee on Education and the Workforce: Sub- H. Con. Res. 501, honoring the life and work of committee on Employer-Employee Relations held a Duke Ellington, recognizing the 30th anniversary of hearing on H.R. 4343, Secret Ballot Protection Act the Duke Ellington School of the Arts, congratu- of 2004. Testimony was heard from public witnesses. lating Blue Note records on its 65th anniversary and MISCELLANEOUS MEASURES Down Beat Magazine on its 70th anniversary, and Committee on Energy and Commerce: Ordered reported supporting the annual Duke Ellington Jazz Festival, the following measures: S. 551, Southern Ute and by a 2⁄3 yea-and-nay vote of 391 yeas with none vot- Colorado Intergovernmental Agreement Implementa- ing ‘‘nay’’, Roll No. 485; and Page H7934 tion Act of 2003; H.R. 4667, Tapoco Project Licens- Honoring the United Negro College Fund on the ing Act of 2004; H.R. 918, amended, Patient Navi- occasion of the Fund’s 60th anniversary: H. Res. gator, Outreach, and Chronic Disease Prevention Act 792, honoring the United Negro College Fund on of 2003; H.R. 3051, amended, National All Sched- the occasion of the Fund’s 60th anniversary, by a 2⁄3 ules Prescription Electronic Reporting Act of 2003; yea-and-nay vote of 386 yeas with none voting H.R. 3858, Pancreatic Islet Cell Transplantation Act ‘‘nay’’, Roll No. 486. Pages H7934–35 of 2004; H. Res. 567, Congratulating the American

VerDate Aug 04 2004 07:00 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D30SE4.REC D30SE4 D982 CONGRESSIONAL RECORD — DAILY DIGEST September 30, 2004 Dental Association for sponsoring the second annual agement at the Department of Health and Human ‘‘Give Kids a Smile’’ program which emphasizes the Services.’’ Testimony was heard from the following need to improve access to dental care for children, officials of the GAO: Jeffrey C. Steinhoff, Managing and thanking dentists for volunteering their time to Director, Financial Management and Assurance; and help provide needed dental care; H. Con. Res. 250, Keith A. Rhodes, Chief Technologist, Center for Recognizing community organization of public ac- Technology and Engineering; and Kerry N. Weems, cess defibrillation programs; H.R. 2699, amended, Acting Assistant Secretary, Budget, Information, and National Uniformity for Food Act of 2003; and H. Finance, Department of Health and Human Services. Con. Res. 34, Expressing the sense of the Congress that private health insurance companies should take COMPREHENSIVE PEACE IN SUDAN ACT a proactive role in promoting healthy lifestyles. Committee on International Relations: Subcommittee on The Committee also reported adversely H. Res. Africa approved for full Committee action, as 776, Of inquiry requesting the President and direct- amended, H.R. 5061, Comprehensive Peace in Sudan ing the Secretary of Health and Human Services pro- Act. vide certain documents to the House of Representa- tives relating to estimates and analyses of the cost of the Medicare prescription drug legislation. MISCELLANEOUS MEASURES Committee on the Judiciary: Ordered reported the fol- CONTROLLING BIOTERROR lowing measures: H.R. 4306, amended, To amend Committee on Energy and Commerce: Subcommittee on section 274A of the Immigration and Nationality Environment and Hazardous Materials held a hearing Act to improve the process for verifying an individ- entitled ‘‘Controlling Bioterror: Assessing Our Na- ual’s eligibility for employment; S. 1194, amended, tion’s Drinking Water Security.’’ Testimony was Mentally Ill Offender Treatment and Crime Reduc- heard from Benjamin Grumbles, Acting Assistant tion Act of 2003; H.R. 3143, amended, Inter- Administrator, Water, EPA; and John B. Stephen- national Consumer Protection Act of 2003; H.R. son, Director, Natural Resources and Environment, 4264, amended, Animal Fighting Prohibition En- GAO. forcement Act of 2004; H.R. 775, Security and Fair- COMBATING INTERNATIONAL TERRORIST ness Enhancement for America Act of 2003; and FINANCING H.R. 4453, amended, Access to Rural Physicians Improvement Act of 2004. Committee on Financial Services: Subcommittee on Do- mestic and International Monetary Policy, Trade, and Technology and the Subcommittee on Oversight WEATHER AND OCEANS RESOURCES and Investigations held a joint hearing entitled REALIGNMENT ACT ‘‘Combating International Terrorist Financing.’’ Tes- Committee on Resources: Subcommittee on Fisheries timony was heard from John Zarate, Assistant Sec- Conservation, Wildlife and Oceans held a hearing on retary, Terrorist Financing, Department of the Treas- H.R. 4368, To transfer the National Oceanic and ury; and E. Anthony Wayne, Assistant Secretary, Atmospheric Administration to the Department of Economic and Business Affairs, Department of State. the Interior. Testimony was heard from Timothy R. ‘‘HOW CAN WE MAXIMIZE PRIVATE E. Keeney, Deputy Assistant Secretary, Oceans and SECTOR PARTICIPATION IN Atmosphere, NOAA, Department of Commerce; An- TRANSPORTATION?’’ drew A. Rosenberg, member, U.S. Commission on Ocean Policy; and public witnesses. Committee on Government Reform: Subcommittee on Energy Policy, Natural Resources and Regulatory SURFACE TRANSPORTATION EXTENSION Affairs held a hearing entitled ‘‘How Can We Maxi- ACT OF 2004, PART V mize Private Sector Participation in Transpor- tation?—Part II’’ Testimony was heard from Jennifer Committee on Rules: Granted, by voice vote, a closed L. Dorn, Administrator, FTA, Department of Trans- rule providing 1 hour of debate in the House on portation; Dan Tangherlini, Director, Department of H.R. 5183, Surface Transportation Extension Act of Transportation, District of Columbia; and public 2004, Part V, equally divided and controlled by the witnesses. chairman and ranking minority member of the Com- mittee on Transportation and Infrastructure. The HHS FINANCIAL MANAGEMENT rule waives all points of order against consideration Committee on Government Reform: Subcommittee on of the bill. Finally, the rule provides one motion to Government Efficiency and Financial Management recommit. Testimony was heard from Representative held an oversight hearing entitled ‘‘Financial Man- Petri.

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CLEAN WATER ACT—CITIZEN SUIT Verdery, Jr., Assistant Secretary, Border and Trans- PROVISIONS BEING MISUSED portation Security Policy and Planning; and a public Committee on Transportation and Infrastructure: Sub- witness. committee on Water Resources and Environment, oversight hearing entitled ‘‘Are Citizen Suit Provi- Joint Meetings sions of the Clean Water Act Being Misused?’’ Tes- timony was heard from public witnesses. NATIONAL DEFENSE AUTHORIZATION IMPROVE DISABILITY PROCESS—SOCIAL ACT SECURITY PROPOSAL Conferees on Wednesday, September 29, 2004, met to Committee on Ways and Means: Subcommittee on So- resolve the differences between the Senate and House cial Security and the Subcommittee on Human Re- passed versions of H.R. 4200, to authorize appro- source held a joint hearing on the Commissioner of priations for fiscal year 2005 for military activities Social Security’s Proposal to Improve the Disability of the Department of Defense, for military construc- Process. Testimony was heard from Representative tion, and for defense activities of the Department of McIntyre; Jo Anne B. Barnhart, Commissioner, SSA; Energy, to prescribe personnel strengths for such fis- Hal Daub, Chairman, Social Security Advisory cal year for the Armed Forces, but did not complete Board; and public witnesses. action thereon, and recessed subject to the call. DISRUPTING TERRORIST TRAVEL f Select Committee on Homeland Security: Subcommittee COMMITTEE MEETINGS FOR FRIDAY, on Infrastructure and Border Security and the Sub- OCTOBER 1, 2004 committee on Intelligence and Counterterrorism held (Committee meetings are open unless otherwise indicated) a joint hearing entitled ‘‘Disrupting Terrorist Travel: Safeguarding America’s Borders Through Informa- Senate tion Sharing. Testimony was heard from the fol- No meetings/hearings scheduled. lowing officials of the Department of Homeland Se- curity: LTG Patrick Hughes, USAF (Ret.), Assistant House Secretary, Information Analysis; and C. Stewart No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, October 1 12:30 p.m., Monday, October 4

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: To be announced. of S. 2845, National Intelligence Reform Act.

Extensions of Remarks, as inserted in this issue

HOUSE Honda, Michael M., Calif., E1754 Rehberg, Dennis R., Mont., E1745 Hooley, Darlene, Ore., E1753 Renzi, Rick, Ariz., E1749 Andrews, Robert E., N.J., E1752 Israel, Steve, N.Y., E1746, E1759 Reyes, Silvestre, Tex., E1759 Barrett, J. Gresham, S.C. E1754 Kind, Ron, Wisc., E1750 Rogers, Harold, Ky., E1748 Bonner, Jo, Ala., E1743 Lantos, Tom, Calif., E1755 Rogers, Mike, Ala., E1741, E1745 Bordallo, Madeleine Z., Guam, E1741, E1744 Levin, Sander M., Mich., E1741, E1744 Sa´ nchez, Linda T., Calif., E1750 Christensen, Donna M., The Virgin Islands, E1748 McCotter, Thaddeus G., Mich., E1752 Shays, Christopher, Conn., E1746 Crenshaw, Ander, Fla., E1755 Majette, Denise L., Ga., E1752 Stark, Fortney Pete, Calif., E1755 Crowley, Joseph, N.Y., E1747 Menendez, Robert, N.J., E1751 Davis, Jim, Fla., E1750 Mica, John L., Fla., E1756 Stearns, Cliff, Fla., E1743 DeGette, Diana, Colo., E1743 Moran, James P., Va., E1759 Thompson, Bennie G., Miss., E1754 Diaz-Balart, Lincoln, Fla., E1751 Myrick, Sue Wilkins, N.C., E1750 Thompson, Mike, Calif., E1742 Dicks, Norman D., Wash., E1751, E1757 Pallone, Frank, Jr., N.J., E1746 Tiahrt, Todd, Kans., E1750 Dingell, John D., Mich., E1749 Petri, Thomas E., Wisc., E1749 Towns, Edolphus, N.Y., E1752, E1757 Emanuel, Rahm, Ill., E1747, E1756 Pomeroy, Earl, N.D., E1754 Udall, Mark, Colo., E1742 Goodlatte, Bob, Va., E1750 Rahall, Nick J., II, W.Va., E1753 Visclosky, Peter J., Ind., E1748 Graves, Sam, Mo., E1744, E1752 Rangel, Charles B., N.Y., E1753 Weldon, Curt, Pa., E1748

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