Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST 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 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, APRIL 14, 2005 No. 44 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, rights of individual Senators who feel called to order by the Honorable JOHN PRESIDENT PRO TEMPORE, they absolutely must address specific E. SUNUNU, a Senator from the State of Washington, DC, April 14, 2005. issues, but I continue to encourage New Hampshire. To the Senate: those who want to address immigration Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby in a comprehensive way to do so at a PRAYER appoint the Honorable JOHN E. SUNUNU, a more appropriate time. The Chaplain, Dr. Barry C. Black, of- Senator from the State of New Hampshire, I know we can work out a process to fered the following prayer: to perform the duties of the Chair. keep moving forward on the emergency Let us pray. TED STEVENS, supplemental bill, but we have to ad- O God, who can test our thoughts and President pro tempore. dress specifically the range of immi- examine our hearts, look within our Mr. SUNUNU thereupon assumed the gration issues that have been brought leaders today and remove anything Chair as Acting President pro tempore. forth to the managers. The managers will continue to con- that will hinder Your Providence. Re- f sider the amendments that are brought place destructive criticism with kind- RECOGNITION OF THE MAJORITY forward. Amendments that are brought ness and humility. Give to our Sen- LEADER forward, I encourage they relate to the ators a wisdom that will bring unity supplemental emergency spending bill and respect. Help them to commit the The ACTING PRESIDENT pro tem- as much as possible. We expect votes labors of this day to You, knowing they pore. The majority leader is recog- over the course of today, and we will can trust You to provide help when nized. have, I expect, a very busy schedule they need it most. f over the course of the day. Be merciful and bless each of us. May SCHEDULE Mr. President, I have a few other re- Your face shine with favor upon those marks to make, but I will be happy to who love You, as You unleash Your Mr. FRIST. Mr. President, once again today, the Senate will be in a period turn to the Democratic leader. saving power in our world. Mr. REID. Mr. President, I thank the for morning business for 60 minutes. Help us to do with our might that leader. I say through the Chair to the Following that time, the Senate will which lies to our hands so that we may majority leader, we have worked—even resume debate on the emergency sup- fight the good fight and at the end re- started working last week—on the im- plemental appropriations bill. We have ceive the crown which You will award migration amendments. We have a fi- several amendments pending from yes- to those who have been faithful. nite list now. We have 12 amendments. terday that are currently under review, This we ask in Your holy Name. I think that can be whittled down, for and Members may want to speak to Amen. lack of a better word, to even less than those amendments. that, considerably less than that. f Much of the day yesterday we spent— What we should do is lock in these both on the floor and off the floor—dis- amendments as a finite list. Within a PLEDGE OF ALLEGIANCE cussing the immigration issue. The very short period of time, we can find The Honorable JOHN E. SUNUNU led issues surrounding immigration are out how many really have to be of- the Pledge of Allegiance, as follows: critically important to our economy, fered. I pledge allegiance to the Flag of the to equity, and to security and fairness. The pending amendment, the one United States of America, and to the Repub- They are all vital to this country. The Senator MIKULSKI offered, will have lic for which it stands, one nation under God, leadership has encouraged those who nearly—in fact, it may have—60 votes. indivisible, with liberty and justice for all. want to participate in a comprehensive So that will be adopted with ease. debate on immigration to postpone I hope we do not have to file cloture f consideration of their amendments on this bill. I acknowledge this is im- from this standpoint because this is an portant legislation. The money for the APPOINTMENT OF ACTING emergency supplemental spending bill funding of the troops is absolutely nec- PRESIDENT PRO TEMPORE to support our troops in Iraq and Af- essary. All one has to do is read the The PRESIDING OFFICER. The ghanistan and to have appropriate paper every morning to understand clerk will please read a communication funding for tsunami relief. how badly our troops need it. I was just to the Senate from the President pro There will be a time later, before the there, and they need all the resources tempore (Mr. STEVENS). end of the year, when we will address they can get. We want to make sure The legislative clerk read the fol- immigration in a comprehensive way. they do not have to wait a second for lowing letter: In spite of that, we have respected the what they need.

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

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VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3610 CONGRESSIONAL RECORD — SENATE April 14, 2005 I will work with the leader through know no geography. There are no bar- RESERVATION OF LEADER TIME the morning and early afternoon, and riers. The ACTING PRESIDENT pro tem- see if we can get this number whittled On Monday, 3 days ago, I spoke of the pore. Under the previous order, leader- down. Also, the majority leader has a need to bolster State preparedness and ship time is reserved. few on his side. Federal preparedness in this arena. I f I hope we can limit the immigration mentioned that exotic and deadly vi- amendments to very few—I would say, ruses, such as the Marburg virus that MORNING BUSINESS at the most, three on each side, or four at this very moment is racking all of Mr. FRIST. Mr. President, under the at most, and have the others set aside northern Angola—the Marburg virus previous order, there will now be a pe- until a time the majority leader has in- being a virus which is an Ebola-like riod for the transaction of morning dicated he will give, sometime before virus, a hemorrhagic-fever-type virus— business for up to 60 minutes, with the we finish work this year, so there can those viruses that are racking that first half of the time under the control be a full debate on those immigration country which we do not understand, of the Democratic leader or his des- matters. for which we have no cure, for which ignee and the second half of the time As the leader knows, the problem— we have no vaccine, are literally just a under the control of the majority lead- and he had nothing to do with it—is in plane ride away from this room or from er or his designee. this bill. There is immigration mate- whoever is listening to me now through The Senator from North Dakota. rial in this bill. They have so-called the media around the country. It is REAL ID which came about as a result just a plane ride away. f of our trying to get other legislation Avian flu has already killed 50 peo- IMPORTANT ISSUES TO BE FACED done last year. An arrangement was ple. Some say, 50 people, that is not made by the House leadership that Mr. DORGAN. Mr. President, I wish thousands of people. But it is 50 people they would allow, on the first moving to make a couple of comments today from a virus that not too long ago we vehicle to come along, the chairman of on some very important issues we will did not know anything about, that the Judiciary Committee to put his face in the days ahead. began to be harbored in birds, and now legislation in the bill. It is in this bill. We have the supplemental appropria- is being harbored in other animals and That is the problem we have. tions bill on the floor of the Senate now has killed and jumped to kill 50 The Republican leader did not want asking for just over $80 billion for the people; with just a tiny drift and ulti- it in this bill, I did not want it in this cost of the war in Iraq and Afghani- mately a shift in a mutation, it be- bill, but it is in the bill. As a result, we stan. comes transmissible. do not have the normal objection that Most of it is to replenish military ac- is available when we legislate on an ap- Once again, we have no vaccine for counts. A number of amendments have propriations bill. avian flu. It is something for which we been offered. Immigration amendments I will work with the leader. We will have no cure. We only have to look are now pending. I intend to offer a get staff working on this, as they have, back to 1917, another type of avian flu, couple of amendments as well. to see if we can narrow this consider- but very similar, which killed a half a I will describe one of those amend- ably. The amendments that deal with million Americans, 50 million people ments this morning. It deals with the the subject matter at hand, the funding around the world. establishment of a special committee of this bill, are just a few in number. Meanwhile, as all this goes on, there of the Senate, modeled after the Tru- We dealt with some of the most impor- are only five major vaccine manufac- man Commission, to investigate the tant ones yesterday. turers worldwide that have production waste, fraud, and abuse that is hap- I hope we can finish this bill in a rea- facilities in the United States. That is pening with respect to contracting in sonably good period of time, and for all vaccines. Only two of those are Iraq. maybe, if we are fortunate, we can get actually United States companies. Our I also wish to address another amend- something such as the highway bill or manufacturing base for vaccines is ment I will offer, that would shut down something such as that before we finish woefully inadequate for any of the the investigation that has been going our work period—maybe the TANF bill, threats I have just mentioned. on now 10 years by Mr. Barrett, an whatever is out there for us to do. Over the past 2 decades, the number independent counsel. He started in 1995 I understand the problems the leader of manufacturers who make vaccines to investigate allegations against has, and I will be happy to work with for children has dwindled from 12 down Henry Cisneros, who was a Cabinet him to alleviate his load as much as to now just 4, and only 2 of the 4 manu- Secretary, allegations that he had possible. facturers that make lifesaving vaccines given payments to a former mistress Mr. FRIST. Mr. President, I have a for children are here in the United and then lied about it. few other comments. States. That independent counsel investiga- f tion started in 1995 and has been going I spoke, as I mentioned, on this topic on ever since. But Mr. Cisneros pled H2N2 FLU VIRUS on Monday. I spoke on Monday because guilty in 1999. And he was pardoned in Mr. FRIST. Mr. President, there is it was the 50th anniversary of the polio 2001 by a Presidential pardon. Yet here one issue I talked about initially Mon- vaccine. Yesterday’s news about the it is 2005 and the independent counsel day and want to bring forth once again. H2N2 virus is just one more reason why is still spending money, $1.3 million, I Nothing is more important than the we need to take action. It is imperative believe, for the previous 6 months. I be- safety of the American people, and we we strengthen our domestic vaccine lieve it is time for this Congress to say have a lot of work to do in a particular supply, we offer appropriate legal pro- stop, enough is enough. Stop wasting area. Yesterday we learned that sam- tections, and we encourage and the taxpayers money. What on Earth ples of the deadly H2N2 flu virus were incentivize collaboration between pub- could you be thinking about? Four accidentally shipped to 5,000 labora- lic and private sectors. We need to ad- years after the person was pardoned tories all over the world. Thankfully, vance research and development. We and 7 years after the person pled nearly all of the samples have been de- need to put all these initiatives to- guilty, the independent counsel is still stroyed. gether to protect us from a deadly viral spending money? If ever there were an The H2N2 virus is lethal. It is fatal. outbreak that scientific experts warn example of Government waste and lack Back in 1957, it killed over 70,000 people could come to our shores any day. of common sense, this is it. just here in the United States and as America has been the engine of I also wish to mention briefly this many as 1 million to 4 million people countless lifesaving discoveries and country’s trade deficit. I wanted to around the world. global health efforts. Once again, we come to the floor the day before yester- This latest news underscores, once are called upon to lead for the safety of day, but I was not able to do that. again, just how vulnerable we are as an our fellow citizens and, indeed, citizens There was a small announcement the American people, as a world people, be- around the world. day before yesterday that in February cause viruses know no borders, they Mr. President, I yield the floor. our trade deficit was $61 billion in 1

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3611 month. This is an example of what is trade agreements that we brought to So here is the first delivery of $2 mil- happening to this country’s trade defi- the Senate floor, almost all of which I lion in cash in a bag to a company that cits: We are choking on red ink. This is have voted against, because I believe is now widely accused of fraud. serious. It is a crisis, and nobody seems they pull the rug out from under the Now, here are some of the stories of to care. The White House is snoring its interests of this country. They pull the waste that I mentioned, involving Hal- way through this issue. The Congress is rug out from under our workers and liburton. I will read some of these sleeping through it. Nobody gives a rip our businesses. So I hope very much headlines. This was a former Halli- about this at all. Nearly $2 billion a that we can finally get someone’s at- burton employee who testified before day is the amount we purchase from tention. If $61 billion a month in trade our committee: ‘‘Halliburton Manipu- abroad from other countries in goods deficits is not a wake-up call that gets lated Purchase Orders to Avoid Over- and services in excess of the amount we someone’s attention, my guess is they sight’’—that is a newspaper headline. sell to them. That means every single are permanently asleep. For purchase orders under $2,500 buyers day foreign countries and foreign in- Now, I wish to speak about the issue only needed to solicit one quote from a vestors own $2 billion more of our of contracting in Iraq. There is massive vendor. To avoid competitive bidding, country, claims against our country, waste, fraud, and abuse going on in requisitions were quoted individually stocks, bonds, assets, or real estate. contracting in Iraq, as is the case in and later combined into the $2,500 and This is a crisis that will have a pro- many circumstances where a lot of more. They were told to do that in found impact on future economic money is being poured out to prosecute order to cheat. growth in this country. It will have a a war. If one does not watch carefully, In fact, this particular guy held up a profound impact, and does, on the people are going to fleece the tax- towel, and he said: This was a towel we wholesale export of American jobs all payers, and that is what is happening. were supposed to order because we were across the world. Nobody seems to care about that, ei- buying towels for U.S. soldiers. Yesterday, I read a piece that Gen- ther. They paid nearly double the price for eral Motors called in its subcontractors We cannot get aggressive hearings in the towels because instead of ordering and said: You need to start moving the Congress about oversight. Why is the towel that was the plain towel, your jobs to China to be more competi- that? I do not know. So as chairman of they ordered one embroidered with tive. the Democratic Policy Committee, we their company’s logo on it so the Evidence is all around us that this have held four hearings on these American taxpayer could pay nearly trade strategy we have is unsound. It abuses. double. does not work. It injures our country. ‘‘Halliburton Discouraged Full Dis- In a moment, I will read a few news- It is hollowing out our manufacturing closure to Auditors.’’ ‘‘Halliburton paper headlines about this waste, and sector, and it is moving American jobs Overcharged for Oil.’’ This is from the yes, these headlines mention the word overseas. This country had better take fellow who used to run the portion of Halliburton, and I know that when the notice. This Congress had better sit up the Defense Department that would word Halliburton is mentioned people and start caring about this, and this purchase oil, yes, even in areas where think, okay, now this is political, it is President had better start parking Air we were at war, and he said: During my partisan, now we are going after Vice Force One and providing some leader- tenure at the Defense Department, we President CHENEY because he used to ship on things that are a crisis. were occasionally forced to pay sole- No, Social Security is not in crisis. head that corporation. This has noth- source prices in some locations, but Social Security will be fully solvent ing to do with Vice President CHENEY. not even in remote central Asia did we until George Bush is 106 years old. That He has been long gone from Halli- pay close to a gallon for jet fuel of is hardly a crisis. But the announce- burton. This has nothing to do with the what Halliburton was charging in Iraq. ment that in February of this year we Vice President, nothing to do with par- He said that overcharging for oil was had a $61 billion 1-month trade deficit tisan politics. It has everything to do simply out of control. This is a former ought to provoke this White House and with the American taxpayers being Defense Department official. this Congress, Republicans and Demo- cheated. By the way, Halliburton ordered 25 crats, to take action in support of this So to the extent that Halliburton is tons of nails—that is 50,000 pounds of country’s economic interests for a in these headlines, it is because they nails. Do my colleagues know where change. were given very large sole-source con- they are today? They are laying in the What do we hear about trade? We do tracts without any competitive bid- sand of Iraq because they came in the not hear anybody wanting to do any- ding. Billions of dollars have gone into wrong size. Somebody made a mistake thing about this, and I will speak later the pockets of Halliburton and here is on the order. If someone wants 50,000 on about what we should do in some de- the result, with a substantial lack of pounds of nails, they are laying in the tail. What we hear is we want another oversight. sands of Iraq someplace. The American trade agreement to be passed by the First, let me describe this picture. taxpayer paid for them, and Halli- Congress called the Central American This does not deal with Halliburton, by burton got reimbursed for it. Free Trade Agreement, CAFTA. To me, the way. This deals with a company We had testimony of people driving it is an acronym that means careless called Custer Battles, two guys named $85,000 trucks in Iraq, and those trucks and foolish trade agreement. Custer and Battles. This picture shows were abandoned just because they had Along with my colleague from Geor- $2 million in cash wrapped in Saran a flat tire or because they had a gia, Senator LINDSEY GRAHAM, we are wrap. This fellow, incidentally, was the clogged fuel pump. They were aban- going to lead the opposition, and I hope guy who was turning over the $2 mil- doned and torched, and they went and we can round up the votes in this Con- lion because the company that was bought new trucks. So much for over- gress to defeat this trade agreement. owed the $2 million showed up with a sight. Nobody cares because it is a war The message ought to be to those folks bag. Why did they show up with a bag and because there are sole-source con- who are negotiating these agreements to collect cash wrapped in Saran wrap? tracts. These are pieces of testimony and then sending them to Congress Because they were told in Iraq: When from whistleblowers, from former em- under fast track, please fix some of the you are contracting, bring a bag, you ployees, who said: Here is what is going problems that have been created in are going to get cash, by the bagful. on. The truck piece was from a truck- past trade agreements before negoti- Now, these people got a lot of cash. driver in Iraq who worked for Halli- ating new ones and before asking the This is their first $2 million. They have burton. Congress to approve new ones. Fix a been accused of substantial fraud. It is just unbelievable when one lis- few of the problems that have been cre- Doing security at airports, they alleg- tens to what is happening: Bags of ated. edly confiscated the forklift trucks, cash, billions of dollars. We say we are Do my colleagues think this is not a took them off the airport property, re- going to put air-conditioning in a problem? This comes from NAFTA. painted them, and then sold them back building near Baghdad, and so our con- This comes from GATT. This comes to the Coalition Provisional Authority, tractor hires a subcontractor, who from all of the distant cousins of the which was the U.S. taxpayer. hires a couple of workers, and we get

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3612 CONGRESSIONAL RECORD — SENATE April 14, 2005 charged for air-conditioning and they consent we have established 30 minutes what no Senate minority has ever had put in a ceiling fan that does not work. on our side followed by 30 minutes on in 200 years—the requirement of a Does anybody care? Can we get any- the other side. At this point, I will re- supermajority for confirmation—they body in this Congress, any committee, linquish the floor if I could ask that we threaten to shut the Government down. to hold oversight hearings to care would reserve the remaining time for The American people by now must about the massive fraud, waste, and Senator LIEBERMAN from Connecticut rightly be asking, ‘‘How did we get in abuse? Not on one’s life, not a chance. because he is not here. If the other side such a mess?’’ God forbid that we should be critical of would like to continue to take some of It was not by accident. The Demo- anything that is going on around here, their time and then provided that when crats did not stumble into this posi- despite the fact that the American tax- Senator LIEBERMAN comes, he would tion. It was carefully conceived. payer is getting fleeced wholesale. have reserved the additional 151⁄2 min- Four years ago, in May of 2001, the I offered an amendment in the Appro- utes? I will make that a unanimous New York Times reported that 42 of the priations Committee that would have consent request and see if the Senator Senate’s then-50 Democrats attended a set up a Truman-style investigating from Kentucky would agree to that. private weekend retreat in Farm- committee. Senator Harry Truman The PRESIDING OFFICER. Is there ington, PA, to discuss a plan of attack from Missouri, at a time when there objection? against the President’s judicial nomi- was a Democrat in the White House, Without objection, it is so ordered. nees. decided there was substantial abuse by The majority whip. According to this article, the unprec- contractors at the start of World War f edented obstruction by the other side II, and he persuaded a Democratic Con- FILIBUSTERING OF JUDICIAL is not based on checks and balances, or gress to set up an investigative com- NOMINEES the rights of the minority. It is about mittee. Yes, a Democratic Congress ideology. The Democrats invited Mr. MCCONNELL. Mr. President, we and a Democrat in the White House set speakers to their retreat who warned as senators have an enormous amount up an investigative committee, and them that President Bush was planning of work to do for the American people. they saved a massive amount of money to, ‘‘pack the courts with staunch con- For example, while our economy is by uncovering a dramatic amount of servatives.’’ strong, unfortunately gas prices are fraud and waste. Now, here’s the clincher. According way too high. People are feeling those Now we have one party control, and to the New York Times, one partici- costs every time they fill up at the nobody wants to embarrass anyone pant said: else, so they do not look at anything. pump. This Senate needs to seriously It is see no evil, hear no evil, speak no address a long-term energy policy for It was important for the Senate to change this country, and reduce our depend- the ground rules, and there was no obliga- evil. Meanwhile, the American tax- tion to confirm someone just because they payers are completely getting fleeced ence on foreign oil. are scholarly or erudite. by massive waste, fraud, and abuse. We have serious work to do to reform Let me make sure that last part We have done four hearings. I men- America’s tax code, so it is fairer for came through loud and clear. The tioned Halliburton, but I also can men- all Americans, and leads to a more ro- Democrats are accusing the Repub- tion Custer Battles. I can mention bust economy. licans, who merely want to restore the other companies. Obviously, Halli- We have undertaken a debate on how 200-year-tradition of giving judicial burton is the poster child because they to reform Social Security so it is nominees with majority support an up- received giant contracts without bid- stronger and more secure for future or-down vote, of some kind of power ding, and then we see that they are generations, as it has served millions grab. Yet here is a 4-year-old admission charging the American taxpayer to so well already over the last 70 years. that it is the Democrats who are clear- feed 42,000 soldiers a day when, in fact, Our road system needs improving. ly out to ‘‘change the ground rules.’’ they are only feeding 14,000 soldiers a Millions of Americans take to the They knew what they were doing. This day. So they are charging us for 28,000 roads everyday to get to work and keep was thoroughly premeditated. meals that are not served. Fraud? I this country moving. It’s critical the would think so. But what happens Senate pass a highway bill. In short, That quote says it all. If a minority these days? First, it does not even get we have a formidable agenda before us. of the Senate does not get its way in investigated. If it does get inves- We welcome that challenge. I think obstructing judges from serving on our tigated, they get a slap on the wrist that our constituents sent us here to Nation’s Federal courts, they will and a pat on the back with another get things done, not just to sit in these ‘‘change the ground rules.’’ They will contract. fancy chairs. But the Nation’s business shut down the Government. I say to my This Congress needs to start facing may soon come to an abrupt halt. friends, I wouldn’t take the extreme up to these issues and getting tough. In the face of so much important step of shutting the government down. No, this is not partisan. If we are going work to be done, sadly, my Democratic I ask unanimous consent to have this to shove $81 billion out the door in a friends on the other side of the aisle New York Times article of May 1, 2001 supplemental defense funding bill, are promising to pull the plug on this printed in the RECORD. should we not, along with it, provide chamber, and thus shut down the Gov- There being no objection, the mate- the appropriate approach to inves- ernment. Just because a majority of rial was ordered to be printed in the tigate these? That is what my amend- Senators want to restore the 200-year- RECORD, as follows: ment will do. old norms and traditions of the Senate, [From the New York Times, May 1, 2001] I offered my amendment in the Ap- by granting a President’s judicial DEMOCRATS READYING FOR JUDICIAL FIGHT propriations Committee. It was turned nominees who have majority support (By Neil A. Lewis) down on a partisan vote, regrettably. the simple courtesy of an up-or-down President Bush has yet to make his first This is not a partisan amendment. My vote, my colleagues on the other side nominee to a federal court and no one knows hope is that perhaps I will see a dif- of the aisle are threatening to stop this whether anyone will retire from the Supreme ferent result on the Senate floor. Senate dead in its tracks. Court this summer, an event that would lead How much time remains on our 30 An energy bill to begin to address the to a high-stakes confirmation battle. minutes? high cost of gasoline and reduce our de- Nonetheless, the Senate’s Democrats and The PRESIDING OFFICER (Mr. pendence on foreign oil? They would Republicans are already engaged in close- COLEMAN). There is 151⁄2 minutes re- say: Forget it. quarters combat over how to deal with the maining. A highway bill, to begin desperately eventual nominees from the Bush White Mr. DORGAN. Mr. President, I be- needed repairs on bridges and roads House. Democrats in particular are trying to show some muscle as they insist that they lieve the Senator from Connecticut is across the country? They would say: will not simply stand aside and confirm any going to be coming over to claim parts Not a chance. nominees they deem right-wing ideologues. of our 30 minutes, but the time is run- These and other priorities will not ‘‘What we’re trying to do is set the stage ning. I see the Senator from Kentucky happen if the Democrats shut down the and make sure that both the White House is on the floor. I know that by previous Government. Because they cannot have and the Senate Republicans know that we

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3613 expect to have significant input in the proc- staunch conservatives as well as some well that justice delayed means justice ess,’’ Senator Charles E. Schumer, New women and members of minorities, adminis- denied. York’s senior Democrat, said in an inter- tration officials have said. Among those Mr. The Democrats have changed other view. ‘‘We’re simply not going to roll over.’’ Bush may put forward to important Federal ground rules in the confirmation proc- Forty-two of the Senate’s 50 Democrats at- appeals court positions are such conserv- ess. But all these changes were just tended a private retreat this weekend in atives as Jeffrey S. Sutton, Peter D. Keisler, Farmington, Pa., where a principal topic was Representative Christopher Cox of California precursors to what happened in the last forging a unified party strategy to combat and Miguel Estrada. Congress. In 2003, Democrats instituted the White House on judicial nominees. The first group of nominees, which may the ultimate change in the Senate’s The senators listened to a panel composed number more than two dozen, is part of an ground rules: they began to obstruct, of Prof. Laurence H. Tribe of Harvard Law effort to fill the 94 vacancies on the Federal via the filibuster, on a systematic and School, Prof. Cass M. Sunstein of the Univer- bench while the Republicans still control the partisan basis, well-qualified nominees sity of Chicago Law School and Marcia R. Senate. who commanded majority support. Greenberger, the co-director of the National But it remains unclear if there will be a That is unprecedented in over 200 years Women’s Law Center, on the need to scruti- Supreme Court vacancy at the end of the nize judicial nominees more closely than court’s term in July. Speculation on possible of Senate history. ever. The panelists argued, said some people retirements has focused on Chief Justice Republicans did not filibuster judi- who were present, that the nation’s courts William H. Rehnquist and Justices Sandra cial nominees, even though it would were at a historic juncture because, they Day O’Connor and John Paul Stevens. But in have been easy for us to do so. Let me said, a band of conservative lawyers around recent days, associates of Justice O’Connor give you the names of some very con- Mr. Bush was planning to pack the courts have signaled that she wants it known that troversial Democratic judicial nomi- with staunch conservatives. she will not retire after this term. nees whom we could have easily fili- ‘‘They said it was important for the Senate Mr. MCCONNELL. the record about bustered, during the Clinton and Carter to change the ground rules and there was no years: Richard Paez, William Fletcher, obligation to confirm someone just because who is out to change what is not mere- they are scholarly or erudite,’’ a person who ly confined to the statements from this Susan Oki Molloway, Abner Mikva. attended said. article. No, we have 4 years of behavior None of these nominees had 60 votes for Senator Tom Daschle of South Dakota, the to corroborate these statements. confirmation. Democratic leader, then exhorted his col- Soon after that Democrat retreat, Other controversial Democratic leagues behind closed doors on Saturday and continuing to this day, we have nominees, like Marsha Berzon, barely morning to refrain from providing snap en- seen our Democratic friends make had 60 votes for confirmation, but we dorsements of any Bush nominee. One senior major changes in the Senate’s ground did not whip our caucus to try to fili- Democratic Senate staff aide who spoke on buster them either. Indeed, just the op- the condition of anonymity said that was be- rules for confirming qualified judicial posite occurred: Senators LOTT and cause some people still remembered with an- nominees. noyance the fact that two Democratic sen- For example, almost immediately HATCH, to their great credit, argued ators offered early words of praise for the the Democrats began to litmus-test that we ought not to set such a prece- nomination of Senator John Ashcroft to be judges in order to strain out the ones dent, no matter ow strongly we oppose attorney general. they considered too conservative. When the nominee. I remember voting for Senators Robert G. Torricelli of New Jer- they controlled the Judiciary Com- cloture myself, voting to shut off de- sey and Joseph R. Biden Jr. of Delaware ini- bate on Paez and Berzon both, and then tially praised the Ashcroft selection, imped- mittee in the 107th Congress, they even held hearings on using ideology in the voting against them when they got ing the early campaign against the nomina- their up-or-down vote, which they were tion. Both eventually acceded to pressure confirmation process in an effort to le- and voted against the nomination. gitimize their practice of litmus-test- entitled to get. The current partisan battle is over a par- ing judges. Our friends, the Democrats, are driv- liamentary custom that Republicans are The Democrats have widely-applied ing a double standard: The nominees of considering changing, which governs wheth- their litmus tests. They have filibus- a Democratic President only had to er a senator may block or delay a nominee tered almost 1 circuit court nominee garner majority support, as had every from his home State. Democrats and Repub- for every 3 they have confirmed. As a other judicial nominee in history until licans on the Judiciary Committee have not Democrats sought to change the resolved their dispute over the ‘‘blue-slip result, in his first term, President George W. Bush had only 69 percent of ground rules. But nominees of a Repub- policy’’ that allows senators to block a lican President have to get a much nominee by filing a blue slip with the com- his circuit-court nominees confirmed. higher level of support. That is the ul- mittee. That is the lowest confirmation per- timate in hypocrisy. On Friday, Senator Patrick J. Leahy of centage of any President since World Vermont, the ranking Democrat on the Judi- Because the majority may seek to re- War II. store the norms and traditions of the ciary Committee, and Mr. Schumer sent a In addition, the Democrats began to letter to the White House signed by all com- Senate—norms and traditions that my mittee Democrats insisting on a greater role demand that they in effect get to co- Democratic friends have upset—the in selecting judges, especially given that the nominate judges along with the Presi- Democrats are now threatening to shut Senate is divided 50–50 and that the Repub- dent. The Constitution clearly provides down the Government. That is not licans are the majority only because Vice in Article II, Section 2, that the Presi- right. President Dick Cheney is able to break any dent, and the President alone, nomi- We need to recommit ourselves to the tie. nates judges. The Senate is empowered 200 year principle that in a democracy Senator Trent Lott of Mississippi, the Re- to give ‘‘advice’’ and ‘‘consent.’’ The publican leader, told reporters today that he an up-or-down vote should be given to believed ‘‘some consideration will be given Democrats, however, have sought to re- a President’s judicial nominees. It is to Democratic input, but I don’t think they define ‘‘advice and consent’’ to mean simple. It is fair. It has been that way should expect to name judges from their ‘‘co-nominate.’’ for over 2 centuries. And it’s served us State.’’ President Bush, rightly so, has not well. Mr. Lott said he expected that Democrats acceded to this attempt to upset our I yield the floor. might slow the process but, in the end, would Constitution’s separation of powers. Mr. COCHRAN, Mr. President, the not block any significant number of nomi- Unfortunately, the administration of nees. continual controversy over Senate con- Behind all the small-bore politics is the justice is suffering. In the case of the firmation of Federal judges needs to be sweeping issue of the direction of the federal Sixth Circuit, for example, Democratic resolved. It promises to hang as a cloud courts, especially the 13 circuit courts that Senators are willing to let one-fourth over the Senate unless we reach an un- increasingly have the final word on some of of the circuit seats sit empty in order derstanding of the appropriate role of the most contentious social issues. How the to enforce their demands. As a result, the Senate. federal bench is shaped in the next 4 or 8 the Sixth Circuit—which includes Ten- I had been hopeful that the Senate years, scholars say, could have a profound ef- nessee, Kentucky, Ohio and Michigan— leadership would be able to resolve this fect on issues like affirmative action, abor- is far and away the slowest circuit in issue by reaching an agreement that tion rights and the lengths to which the government may go in aiding parochial schools. the Nation. My constituents and the would be acceptable to both sides. How- Mr. Bush is expected to announce his first other residents of the Sixth Circuit are ever, that does not now appear likely. batch of judicial nominees in the next sev- the victims. Thanks to the other side’s Therefore, I have advised the distin- eral days, and it is likely to include several obstruction, Kentuckians know too guished majority leader, Mr. FRIST,

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3614 CONGRESSIONAL RECORD — SENATE April 14, 2005 that I will support him in his effort to one day, will wonder what on Earth did have not gotten that peace of mind, bring this confrontation over judicial we do, to eliminate the unlimited de- and indeed not the respect they de- filibusters to an end. bate provision in the United States serve. There should be no question in any- Senate that George Washington and Senator SESSIONS and I have worked one’s mind about my intentions. I will Thomas Jefferson said represents the together for some time as members of work in concert with our leader, and cooling of the passions in this country, the Senate Armed Services Committee with the distinguished majority whip, represents the one location of reasoned to investigate and then to react to this Mr. MCCONNELL, to end filibusters of debate in this Government of ours. wrong. We began looking at the ques- judicial nominations in the Senate. I hear all these discussions about tion of what survivor benefits were in The PRESIDING OFFICER (Mr. how this is about traditions and norms. place for our men and women in uni- COLEMAN). The Senator from North Da- Nothing could be further from the form as we were concerned that the kota. truth. What the majority is trying to benefits being provided to families of Mr. DORGAN. Mr. President, how do is change the rules of the Senate be- those who lose their lives in the service much time remains? cause the minority didn’t approve 10 of this country lagged behind benefits The PRESIDING OFFICER. There re- out of 215 judges. What an arrogant at- provided for public service employees mains 14 minutes 20 seconds. titude and what damage they will do to in high-risk occupations, namely po- Mr. DORGAN. My colleague from this institution if they employ a tactic licemen and firefighters. The families Connecticut is here. Let me take a cou- to change the rules at this point and of fallen policemen and firefighters de- ple of minutes and then yield to my turn this Senate into another House of serve those higher benefits. But so, too, colleague for the remaining time. Representatives. They will have done of course, do the families of fallen military personnel. I must confess, it is hard sometimes damage for the long term and damage When Senator SESSIONS and I began to listen on the floor of the Senate I believe they themselves will regret without a big broad smile at the irony this review, the death benefit paid to because one day they, too, will be in the families of service men and women of this debate. Restoring the normal the minority. Then they will again un- traditions of the Senate? There is a de- who were killed in action was $6,000, an derstand what this Constitution pro- embarrassing sum. A small step for- bate going on in the Senate, but that is vides with respect to minority rights. not what it is about. This is about ward was taken last year when the I yield the floor. death benefit was increased to $12,000, changing the rules in the middle of a The PRESIDING OFFICER. The Sen- but obviously that was still woefully game because one party in control ator from Connecticut. doesn’t get everything they want on inadequate. f Two studies, one done by the Depart- every issue all the time. ment of Defense and the other done by We have confirmed 205 judges for this DEATH BENEFITS IN THE SUPPLE- the Government Accountability Office, President and opposed the confirma- MENTAL APPROPRIATIONS BILL documented that survivor benefits pro- tion of only 10 of them. Because of Mr. LIEBERMAN. Mr. President, I vided to some of the public employee that, the other side has an apoplectic rise to speak in morning business groups I have mentioned in high-risk seizure and decides they want to turn about the provision of this supple- positions were greater than those pro- mental appropriations bill before us this Senate into the House, where vided for our soldiers killed in combat. that rights a wrong done with regard to there is no unlimited debate and one That was evidently unfair, and that is death benefits of those who served the party can treat the other party like a why our legislation, the HEROES bill, piece of furniture they can sit on. United States in uniform. I begin my was worked on for over 2 years with the The Framers of this Constitution did remarks by thanking my friend and Pentagon’s service member group and not consider the Senate should be a colleague from Alabama, Senator SES- veterans groups which resulted in a bill compliant body during one-party rule. SIONS, and acknowledge his leadership to correct that imbalance by adjusting The minority has rights. One of those on this very important humanitarian military survivor benefits to more eq- rights is unlimited debate. reform. I also thank the Senate Appro- uitably reflect today’s world. I think it is very interesting to hear priations Committee, under the leader- I am very gratified that idea has on the floor of the Senate how gener- ship of Senator COCHRAN and Senator taken hold, and it is reflected in the ously the Republicans treated nomi- BYRD, for bringing forward this emer- emergency supplemental before the nees under the Presidency of President gency supplemental in a way that in- Congress today. Clinton, when they—in 50 cases of peo- cludes an important provision to im- With the changes adopted, if soldiers ple who were notified by the President prove the financial benefits for families buy the servicemen’s group life insur- they were nominated for a lifetime ap- of our fallen soldiers. ance, their families will receive pointment on the Federal court—did I am grateful that this supplemental $250,000, for which the soldier pays, and not even have the courtesy of giving uses the so-called HEROES bill, S. 77, then an additional $150,000 of insurance them 1 day of hearings. Not even a day which Senator SESSIONS and I cospon- the U.S. Government will pay for. In of hearings. They didn’t get to see the sored and introduced in January as the addition to that will be the $100,000 light of day in this Congress, let alone basis for the reforms to enhance the death benefit. That is half a million a filibuster. death benefit and the level of coverage dollars, which in these times is not a What a shameful thing to do to some- under the Servicemen’s Group Life In- lot when we consider families left be- one to whom the President says, I am surance Program. hind, a parent or a spouse and children going to nominate you for a lifetime Yesterday, the Senate amended this who will need to go to college and all appointment on the court. They didn’t provision and voted to increase eligi- the expenses related to it. These fami- give them 1 day of hearings. bility for the expanded death benefit to lies who have lost a family member Now they complain because we ap- $100,000, which was in our HEROES bill, have a terrible void. All of us who have proved 204 and didn’t approve 10. Now to include all active-duty service men visited with them in our respective they complain the President didn’t get and women. States or elsewhere have felt that void every single judgeship he wanted. Have These reforms honor the brave men and have tried to the extent we could they ever heard of the words ‘‘checks and women wearing America’s uniform to let them know we share it with and balances’’? Did they take a course who have made the ultimate sacrifice them. But, of course, it is uniquely and at least in high school to understand to defend our liberty by giving them singularly theirs as they go through what it means? and their families what we the Amer- their life. Nothing can fill that void. No. If this nuclear option, as it is ican people owe them. Obviously, noth- But the least we can do is what we do called in this town, is employed by the ing can replace the loss of life. But a in this bill—give them some sense of fi- majority party, with an arrogance that decent death benefit and adequate life nancial security as they go forward, I have never seen in the years I have insurance can provide our service with a kind of security in a much more served in the Congress—if they do that, members and their loved ones with a fundamental sense that their loved they will rue the day because they, one sense of security about their future one’s service has given each and every day, will be in the minority and they, which they deserve. For too long, they American.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3615 Theodore Roosevelt once said: of Defense which understands exactly mental and what Senator LIEBERMAN A man who was good enough to shed blood how and what we should do to better and I put in S. 77, the HEROES bill. for his country is good enough to be given a support those who lose their lives in This report and the death benefits en- square deal afterward. the service to their country. We did a hancements offered are based on a Of course, in our time we say a man number of things. sound analysis of this highly important and a woman. Two years ago, as part of the Defense and emotional issue. We can never do T.R. was right, and the men and bill I asked that we put in language to enough to thank these brave Ameri- women who are shedding blood for our study this. Senator LIEBERMAN and I cans. Each and every one of them who Nation today in the cause of liberty talked about it. And they put that lan- serves us in our military today is a na- and doing so in a way that has fun- guage in. We have gotten some studies tional treasure. back. We began to figure and think damentally improved the security of I am thankful and grateful that the the American people here at home about what we could do to make families more secure in the case of the loss Senate has included the HEROES pro- should know their families will be vision in this report, and I look for- taken care of no matter what happens of a loved one. Last year, they completed the study and we began to look ward to voting on this bill and seeing it to them. enacted into law. I can’t think of a piece of legislation at it. The President and the Secretary which I have been involved in my over of Defense responded to our request I note that not too many months ago 17 years in the Senate that I have felt promptly and, I believe, honestly and I flew from Baghdad to Kuwait in a C– better about. This is one of those occa- objectively. 130 late at night, and there were two sions that doesn’t get celebrated quite The Senate report that is before us flag-draped coffins of soldiers who had enough where we forget the party la- today recommended increasing the given their lives in service to our coun- bels, Republican and Democrat, and act death gratuity benefit from $12,420 to try. Yesterday, I talked with the in a higher calling, which is our status $100,000 for our service members who daughter, 25 years old, of Sergeant as Americans which unites us all. I am die on active duty in a combat theater, Major Banks. Her mother, a sergeant and then we amended the bill to in- glad to see we are about to put these major in the Army, was one of the sol- clude those who serve on active duty reforms in place. diers who died in the tragic helicopter We all recognize we have to keep who lose their lives. It also allows, as I crash in Afghanistan recently. I talked faith with our service men and women. have proposed, for every member of the to her about her mother, and how much We have to give them a square deal. military to raise the level of coverage she admired her mother, and to think under the servicemen’s group life in- They are doing their duty to protect how she had risen through the ranks to surance which is capped out at $250,000 us, and it is our duty to protect their become a sergeant major, growing up to $400,000. I believe that is a more le- families, should they give their lives in in a poor area of Alabama, African gitimate sum for a family suffering defense of our liberty. That is what the American, who inspired her daughter, this kind of loss. Shante Banks, as she described her provisions in the supplemental do. I am Additionally, for those serving in the proud to have been a part of it. I am mother’s influence on her life. She combat zone or a designated contin- gave her life serving our country, as grateful to my colleagues for sup- gency, the Department of Defense will porting it. I urge its adoption. many have. pay the member’s premium for the first I believe we have done the right I thank the Chair. I yield the floor. $150,000 of insurance to guarantee they The PRESIDING OFFICER. The Sen- thing here. I think it is going to be a are participants in that program. good step forward. I have enjoyed the ator from Alabama is recognized. The report before us also makes Mr. SESSIONS. Mr. President, I asso- these changes retroactive to cover opportunity to work with Senator LIE- ciate myself with the comments of those who lost their lives since the be- BERMAN as we have moved this legisla- Senator LIEBERMAN and say how he ex- ginning of the global war on terrorism tion forward. pressed my feelings about this impor- which began October 7, 2001. Families I thank the President and yield the tant legislation. It has been a pleasure of our service members who have died floor. to work with him in a bipartisan way. since October 7, 2001, will receive a one- The PRESIDING OFFICER (Mr. VIT- He has demonstrated time and again time cash payment of $238,000 which is TER). The Senator from South Dakota his interest in matters of national de- a sum of the added coverage of life in- is recognized. fense and national security and his surance, $150,000 more life insurance, Mr. THUNE. I thank the Senator commitment to those who serve us. I, coupled with proposed increase of the too, believe, as was discussed not too from Alabama and the Senator from death gratuity of $88,000. Connecticut for the great work they long ago at one of the hearings, there Finally, the report will place lan- is a bond between the American people have done in recognizing the sacrifice guage in the law to require service of our men and women who are fighting and those we send out to defend our in- members to inform their spouses of the terests in dangerous areas of the world. for freedom’s cause in Iraq and Afghan- level of coverage that may be enacted. istan and other places around the We as American people need to honor As I conclude my remarks, let me be world. This is important legislation. I that bond. clear on this issue. There is no amount am pleased to be able to support their One of the commitments I think we of compensation that can replace the efforts and to see it becomes a matter must make as a people is to say to loss of a loved one. Not for a soldier, those who go in harm’s way to execute not for a police officer, not for a teach- of law. the just policies of the United States er, or a fireman. However, our military (The remarks of Mr. THUNE per- that if something happens to you, we service members volunteer to leave taining to the introduction of S.J. Res. are going to try to take care of your their families and engage in a very dif- 12 are located in today’s RECORD under family. That is one thing you don’t ficult and dangerous campaign to de- ‘‘Statements on Introduced Bills and need to worry about. feat terrorists and secure peace and Joint Resolutions.’’) I believe the HEROES bill, as we prosperity not only for America but for I yield the floor and suggest the ab- named it, honoring every requirement countless millions around the world. sence of a quorum. of exemplary service, is the legislation The training and operations conducted The PRESIDING OFFICER. The that moves us a long way in that re- to ready them for combat are also dan- clerk will call the roll. gard. I couldn’t be more excited. I gerous and will also be included in the The assistant legislative clerk pro- thank the Appropriations Committee death gratuity section of the report. ceeded to call the roll. Chairman, Senator COCHRAN, and the The enhancements of the death gra- ranking member, Senator BYRD, for tuity and SGLI outlined in this bill re- Mr. CORZINE. Mr. President, I ask their support of making this a part of flect the risks and dangers faced by our unanimous consent that the order for the supplemental. service men and women as they serve the quorum call be rescinded. We certainly have worked hard in us around the world. The PRESIDING OFFICER (Mr. EN- trying to gain support from the mili- The language stays true to what our SIGN). Without objection, it is so or- tary community and the Department President requested in the supple- dered.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3616 CONGRESSIONAL RECORD — SENATE April 14, 2005 CONCLUSION OF MORNING words and deeds into a match. They excuse for their passivity bordering on indif- BUSINESS need to be congruent. This amendment ference. Those who, like you my friends, try is intended to deal with the emergency, to break the walls of their apathy deserve The PRESIDING OFFICER. Morning everyone’s support and everyone’s solidarity. business is closed. the urgently needed response to this This gathering was organized by several ongoing genocide taking place in f important bodies. The U.S. Holocaust Memo- Darfur as I stand here, a place where rial Museum’s Committee on Conscience EMERGENCY SUPPLEMENTAL there have been killings of up to 10,000 (Jerry Fowler), the Graduate Center of the APPROPRIATIONS ACT, 2005 people every month, 300 to 350 human City University of New York, the American beings almost every day. Jewish World Service (Ruth Messinger) and The PRESIDING OFFICER. Under several other humanitarian organizations. the previous order, the Senate will re- Never have we been so aware of man- kind’s horrible history, and yet so re- As for myself, I have been involved in the sume consideration of H.R. 1268, which efforts to help Sudanese victims for some the clerk will report. luctant to act on its lessons as it ap- years. It was a direct or indirect consequence The assistant legislative clerk read plies to this situation in Darfur. This of a millennium lecture I had given in the as follows: month we are commemorating the 11th White House on the subject, ‘‘The Perils of anniversary of the Rwandan genocide. Indifference’’. After I concluded, a woman in A bill (H.R. 1268) making emergency sup- the audience rose and said: ‘‘I am from plemental appropriations for the fiscal year ‘‘Hotel Rwanda,’’ the movie, is showing Rwanda.’’ She asked me how I could explain ending September 30, 2005, to establish and on thousands of screens in homes the international community’s indifference rapidly implement regulations for State across the country, and we continue to to the Rwandan massacres. I turned to the driver’s license and identification document recall our shameful failure to prevent President who sat at my right and said: ‘‘Mr. security standards, to prevent terrorists the slaughter of 800,000 people. Do we President, you better answer this question. from abusing the asylum laws of the United need to have a play 5 years from now or You know as well as we do that the Rwanda States, to unify terrorism-related grounds 10 years from now called ‘‘Hotel tragedy, which cost from 600,000 to 800,000 for inadmissibility and removal, to ensure Darfur’’? victims, innocent men, women and children, expeditious construction of the San Diego April 17 marks the 30th anniversary could have been averted. Why wasn’t it?’’ His border fence, and for other purposes. of the Khmer Rouge takeover in Cam- answer was honest and sincere: ‘‘It is true, Pending: bodia, the beginning of a genocide that that tragedy could have been averted. That’s Mikulski Amendment No. 387, to revise killed between 1 and 2 million people. why I went there to apologize in my personal certain requirements for H–2B employers and name and in the name of the American peo- Do we need to revisit the killing fields? ple. But I promise you: it will not happen require submission of information regarding In January, the liberation of Auschwitz H–2B nonimmigrants. again.’’ Feinstein Amendment No. 395, to express was commemorated by the Congress The next day I received a delegation from the sense of the Senate that the text of the and by a special session of the United Sudan and friends of Sudan, headed by a Su- REAL ID Act of 2005 should not be included Nations General Assembly. Throughout danese refugee bishop. They informed me in the conference report. all of these commemorations and re- that two million Sudanese had already died. Bayh Amendment No. 406, to protect the fi- membrances, we hear the same words: They said, ‘‘You are now the custodian of the nancial condition of members of the reserve Never again. Never again will we ac- President’s pledge. Let him keep it by help- components of the Armed Forces who are oring stop the genocide in Sudan.’’ cept the slaughter of our fellow human That brutal tragedy is still continuing, dered to long-term active duty in support of beings. Never again will we stand by a contingency operation. now in Sudan’s Darfur region. Now its hor- and let this happen. rors are shown on television screens and on The PRESIDING OFFICER. The Sen- As Vice President CHENEY said elo- front pages of influential publications. Con- ator from New Jersey. quently at the Holocaust commemora- gressional delegations, special envoys and Mr. CORZINE. Mr. President, I was tions in Poland: humanitarian agencies send back or bring back horror-filled reports from the scene. A about to call up amendment No. 366, [We] look to the future with hope—that He million human beings, young and old, have which I am going to pull back from at may grant us the wisdom to recognize evil in been uprooted, deported. Scores of women this point. We are working with a num- all its forms . . . and give us courage to pre- are being raped every day, children are dying ber of subcommittees to get exact lan- vent it from ever rising again. of disease hunger and violence. guage, but I would like to go ahead and There is perhaps no more powerful How can a citizen of a free country not pay frame the debate. Senator BROWNBACK moral voice over the last half century attention? How can anyone, anywhere not will be joining me. than author and Holocaust survivor feel outraged? How can a person, whether re- This is actually the Darfur Account- Elie Wiesel. Last year he spoke to the ligious or secular, not be moved by compas- ability Act which we had introduced on Darfur issue. sion? And above all, how can anyone who re- the floor at an earlier point. We have 30 He said: members remain silent? cosponsors of the amendment. We will As a Jew who does not compare any event How can a citizen of a free country not pay to the Holocaust, I feel concerned and chal- continue to work with the appropriate attention? How can anyone, anywhere not lenged by the Sudanese tragedy. We must be subcommittees and others to refine the feel outraged? How can a person, whether re- involved. How can we reproach the indiffer- language before we bring it back. ligious or secular, not be moved by compas- ence of non-Jews to Jewish suffering if we re- This amendment we will be offering sion? And above all, how can anyone who remain indifferent to another people’s plight? is one that parallels the importance members remain silent? That is what the It happened in Cambodia, then in former which is now being placed on moving issue in Darfur, Sudan, is about. That is why Yugoslavia, and in Rwanda, now in Sudan. this Darfur Accountability Act—this amend- Asia, Europe, Africa: Three continents have this supplemental, which is absolutely ment that we are speaking to today—is so essential to support our men and become prisons, killing fields and cemeteries important. for countless innocent, defenseless popu- women in uniform. They deserve our I ask unanimous consent that the lations. Will the plague be allowed to spread? support. We all know that. It is most full remarks by Mr. Wiesel on Darfur ‘‘Lo taamod al dam re´akha’’ is a Biblical certain that I will be voting positively commandment. ‘‘Thou shall not stand idly be printed in the RECORD. with regard to making sure that our There being no objection, the mate- by the shedding of the blood of thy fellow man.’’ The word is not ‘‘akhikha,’’ thy Jew- deeds and words match in our support rial was ordered to be printed in the of the troops and that we allocate our ish brother, but ‘‘re´akha,’’ thy fellow human RECORD, as follows: resources accordingly. That is what the being, be he or she Jewish or not. All are entitled to live with dignity and hope. All are debate on the supplemental is about. I [Remarks delivered at the Darfur Emergency Summit, New York, July 14, 2004] entitled to live without fear and pain. look forward to working on that. Not to assist Sudan’s victims today would ON THE ATROCITIES IN SUDAN But so, too, there are those the Con- for me be unworthy of what I have learned gress and the administration have al- (By Elie Wiesel) from my teachers, my ancestors and my ready acknowledged are being sub- Sudan has become today’s world, capital of friends, namely that God alone is alone: His jected to acts of genocide, the Black human pain, suffering and agony. There, one creatures must not be. Muslim villagers of Darfur, Sudan. part of the population has been—and still What pains and hurts me most now is the is—subjected by another part, the domi- simultaneity of events. While we sit here and This genocide is being committed by nating part, to humiliation, hunger and discuss how to behave morally, both individ- their own countrymen with the support death. For a while, the so-called civilized ually and collectively, over there, in Darfur of their Government. It is time for ac- world knew about it and preferred to look and elsewhere in Sudan, human beings kill tion. Here, too, we need to put our away. Now people know. And so they have no and die.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3617 Should the Sudanese victims feel aban- [From UN News Service, Apr. 8, 2005] the Bush administration nor our NATO doned and neglected, it would be our fault— UN, AFRICAN UNION CONDEMN ‘‘SAVAGE AT- allies have addressed this critical and perhaps our guilt. TACK’’ ON DARFUR VILLAGE BY ARMED MILI- issue. We need to act so that the kinds That’s why we must intervene. TIA of tragedies we see in this picture to If we do, they and their children will be United Nations and African Union rep- my right are no longer permitted. grateful for us. As will be, through them, our resentatives today condemned a ‘‘senseless This amendment calls for accelerated own. and pre-meditated savage attack’’ Thursday assistance to the African Union. A re- Mr. CORZINE. Tragically, since that on a town in the western Darfur area of tired Marine colonel, Brian Steidle, speech by Mr. Wiesel, we have seen pre- Sudan by more than 350 armed militia while who worked alongside the AU, has de- the Government dragged its heels in desig- cious little actionable courage in prescribed the AU’s effectiveness where it venting the genocide that rages in nating land for the AU monitoring force meant to deter such incidents. has been deployed. But there are cur- Darfur. Last July, the Congress recog- Having learnt ‘‘with utter shock and dis- rently only 2,200 African Union troops nized that genocide is taking place and belief’’ of the relentless daylong attack on on the ground. Over 3,400 are author- voted on it here on the floor of the Sen- Khor Abeche by armed militia of the ized, and we hope it can grow to over ate. In September, the Bush adminis- Miseriyya tribe of Niteaga, ‘‘we condemn 6,000 in the next year. We need to in- tration did the same. Yet, since then, this senseless, and pre-meditated savage at- crease their numbers and provide what- the situation has only deteriorated. tack,’’ Jan Pronk, the Special Representa- ever assistance they need. Therefore, I tive of UN Secretary-General Kofi Annan, Estimates of the death toll in Darfur am offering a second amendment later now range from between 250,000 to over and AU Ambassador Baba Gana Kingibe said in a joint statement. in the debate on this underlying sup- 300,000 human beings. Killings, torture, Nasir Al Tijani Adel Kaadir was identified plemental with Senators DEWINE, destruction of villages, rape and other as having commanded the initial force of BROWNBACK, and others. It is a money forms of sexual violence all continue. over 200 on horses and camels and they were appropriation or allocation for the AU More than 1.8 million persons have later reinforced by a further 150, also from to accelerate the deployment of boots been forced from their homes, and un- Niteaga, they said in a statement. on the ground. less the attacks subside and access by His name and those of his collaborators But money alone will not bring secu- humanitarian organizations improves, would be sent to the UN Security Council rity to Darfur. The Darfur Account- sanctions committee to be brought to justice as many as 3 million Sudanese people and they expected the Sudanese Government ability Act calls for an expansion of could be displaced by the end of the to take appropriate action, the two said. the AU’s mandate to include the pro- year. The attackers ‘‘rampaged through the vil- tection of civilians. Ultimately, we will Let me say that these displaced indi- lage, killing, burning and destroying every- have to be realistic about what it takes viduals are going into camps strategi- thing in their paths and leaving in their to police an area the size of Texas. It cally. We need to understand that this wake total destruction with only the mosque will take many thousands of troops, is not breeding a community of good and the school spared,’’ their statement said. more than the AU will be able to field. ‘‘This attack, the savagery of which has will to the rest of the world. These are not been seen since the sacking of Hamada in The 10,000 new U.N. troops authorized people who are disenfranchised, dis- January 2005, was apparently in retaliation by the Security Council are therefore a located, and will pose a strategic for the alleged theft of 150 cattle whose welcome development. But, again, threat, potentially, as a breeding tracks were supposedly traced to Khor their role in Darfur is virtually unde- ground of terrorism for the future. Abeche village,’’ Mr. Pronk and Mr. Kingibe fined, certainly vague and uncertain as This tragedy is that the Government said. to whether they can be involved in of Sudan remains deeply complicit in They noted that since 3 April the AU had this. prepared to deploy troops in Niteaga and Mr. President, the people of Darfur this genocide, supporting jingaweit mi- Khor Abeche to deter precisely this kind of litias and participating in attacks on will not be saved unless stopping geno- attack, ‘‘but was prevented from acting by cide becomes a priority. Words and civilians. Helicopter gunships strafe what can only be inferred as deliberate offi- villages, spraying nail-like flachettes cial procrastination over the allocation of deeds need to match. This amendment unsuitable for anything other than land for the troops’ accommodation.’’ will call on the administration to raise killing. Mr. CORZINE. Mr. President, how Darfur in all relevant bilateral and International monitors of all kinds has the international community re- multilateral meetings. I hope we can have been attacked, including members sponded to these issues? In recent get it raised. I am pleased that Deputy Secretary of the African Union force deployed to weeks, the U.N. Security Council of State Zoellick is going to Sudan this Darfur to try to bring about a moni- passed three resolutions. To be sure, to week. But unless we mobilize an inter- toring of the peace agreements that give them credit, there has been some have been set forth. Government- national effort, this engagement will progress. One resolution referred the be insufficient. We have already seen a backed militias have threatened for- situation in Darfur to the Inter- lot of lost opportunities. I will leave eigners and U.N. convoys. national Criminal Court. Another es- that for the record where President In recent weeks, an American aid of- tablished a U.N. committee to rec- Bush, Secretary of Defense Rumsfeld, ficial was shot and wounded, and the ommend targeted sanctions against and the Secretary of State have been in U.N. was forced to withdraw its inter- those responsible for human rights international areas where we can mobi- national staff in west Darfur to the abuses. lize that kind of support. We simply provincial capital. Other NGOs are un- But much has not been done. There cannot just keep calling it genocide easy about their people and are talking have been no efforts to impose, or even and labeling it and talking about it; we about withdrawal. seriously threaten, sanctions against need to do something about it. Stop- Even today, we get reports of a new the Government of Sudan. In fact, the ping this evil is an urgent and highly rampage—an attack on a village in Security Council promised significant moral issue for all of us to take on. Darfur by 350 armed militia. The report assistance as a reward for the wel- That is why there is so much bipar- by the UN and the AU called it a comed implementation of the January tisan focus on this issue. ‘‘senseless and premeditated savage at- peace agreement, the north-sought We want to evoke the culture of life. tack.’’ The militia ‘‘rampaged through agreement between Khartoum and the We ought to be protecting those 10,000 the village, killing, burning and de- south, without any conditions related people a month who are dying. How can stroying everything in their paths and to Darfur. Our amendment, which Sen- we claim to be learning the lessons of leaving in their wake total destruction, ator BROWNBACK and I will be pro- history when we fail to act? How can with only the mosque and the school posing, supports the peace agreement we do that? We cannot continue to talk spared.’’ and allows assistance to implement about moral responsibilities and then I have a U.N. report, and I ask unani- that agreement. But we should not be not act on them. mous consent that it be printed in the rewarding the Government of Khar- In his remarks in the piece that I put RECORD. toum while thousands upon thousands in the RECORD, Elie Wiesel put this There being no objection, the mate- of civilians in Darfur are dying. clearly: rial was ordered to be printed in the This amendment will call for mili- What pains and hurts most now is the si- RECORD, as follows: tary no-fly zones over Darfur. Neither multaneity of events. While we sit here and

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3618 CONGRESSIONAL RECORD — SENATE April 14, 2005 discuss how to behave morally, both individ- This is a gentleman who was killed mented and the help does come, so ually and collectively, over there, in Darfur and burned. when Secretary Zoellick returns from and elsewhere in Sudan, human beings kill This is a village that is on fire. the region, he will have this level of re- and die. Someone in a helicopter took this pic- sources to work with, he will have this Mr. President, we must act. The ture, supported by the African Union. commitment from the Congress to United States must lead a coalition of These are all current pictures. work with, and we will be able to move conscience to stop the genocide. That This one I believe my colleague forward. is what this amendment calls for. I showed as well. It is of a gentleman If the U.N. fails to act—and I am ter- urge my colleagues to support it. We who was tied up, killed, and probably ribly disappointed in what the U.N. is will be back with the exact details. I brutalized in Darfur. doing in this situation; they are not am very appreciative of the leadership These are the faces, and this is the doing anything at all—the United of Senator BROWNBACK, Senator picture of genocide. It is continuing to States must press forward with those DEWINE, and a number of individuals occur, and it is occurring now. I en- willing to act so the genocide can stop, on both sides of the aisle. We need to courage my colleagues to vote for the so the killing will stop, so we can move make that coalition of conscience real. passage of the amendment Senator forward with peace and people can go It is time to act. I believe this is an ap- CORZINE and I and others are putting back to their lives. propriate amendment on the supple- forward. It is an amended version of I hope people can start to feel and see mental. the Darfur Accountability Act. It has some of that pain in front of our very I yield the floor. the wide bipartisan support of 30 mem- The PRESIDING OFFICER. The Sen- eyes that we can stop. We can stop bers. The amendment calls for several ator from Kansas is recognized. this. I plead with my colleagues to steps to be taken, which my colleague Mr. BROWNBACK. Mr. President, I please stop it and support this amend- am delighted to join my colleague from outlined: a new U.N. Security Council ment. New Jersey on this amendment. I think resolution with sanctions against the I do believe we will get this passed. by definition a supplemental is about Government of Sudan; an extension of We need to pass it. I hope it is kept in emergency needs and emergency spend- the current arms embargo to cover the the bill through the entire process. ing. I don’t know of a bigger one taking Government of Sudan; military no-fly I yield the floor, and I suggest the ab- place right now in the world than in zone over Darfur; expansion of the U.N. sence of a quorum. Darfur. So it is my hope that within mission in the Sudan; and a mandate The PRESIDING OFFICER. The this supplemental we will be able to to protect civilians in all of Sudan, clerk will call the roll. deal with this issue of Darfur, both in which includes Darfur. It calls on the The legislative clerk proceeded to funding and in some language to be United States to appoint a Presidential call the roll. able to stop this. This is a completely envoy to Sudan and to raise this issue Mr. BROWNBACK. Mr. President, I manmade genocide; it is a completely at the highest diplomatic levels in bi- ask unanimous consent that the order manmade disaster. It is one that can be lateral relations with Sudan, the Chi- for the quorum call be rescinded. stopped with a reasonable number of nese, and other governments that can The PRESIDING OFFICER. Without troops on the ground, with a reason- be of assistance. This calls for acceler- objection, it is so ordered. able engagement strategy. ated assistance to the African Union Mr. BROWNBACK. Mr. President, I This can stop. Instead of the 300,000 mission in Darfur and an expansion of add one postscript on this Darfur Ac- deaths going on up, this can and will the size and mandate of the mission countability Act. The House has lan- stop. They need food aid, and they need necessary to protect civilians. guage dealing with Darfur. We did not allocation of funds for African Union In addition, I hope the administra- have as much of it in here. It is two forces. We will have Assistant Sec- tion will push for a coalition of con- parts: food and military assistance. We retary Zoellick on the ground in Khar- science. My colleagues mentioned a co- are working closely with the com- toum. He is going to go to the south, alition of willing nations to join the ef- mittee to try to get this worked and then to the western part of Sudan forts and demand an end to the geno- through. It will not go over the amount after that, to look and to press the sit- cide by making a declaration of con- that is in it. It will be offset in other uation. The administration is engaged science and backing it by actions if the places within the budget. I want to and is pushing. We need to do this in U.N. Security Council fails to do so. make sure that is clear to my col- the supplemental. It is important for it Last week was the 11th-year anniver- leagues who are interested in this. to take place. sary of the genocide in Rwanda, when They are supportive, but they do not Lest people think this was last year’s we declared and the world declared want to bust the supplemental caps. disaster that we are just putting for- ‘‘never again.’’ We are now seeing it This will be taken from other places we ward more now and saying wasn’t that take place yet again. Can we learn are working on right now. terrible then, we should have acted, I from that? This is stoppable, and it is Senator MCCONNELL, Senator COCH- want to show you pictures from this not by a huge commitment. We are not RAN, and other of our colleagues are year. Senator CORZINE showed pictures asking for 100,000 U.S. troops to go working diligently with us. It is in two earlier. This is of a village; it was there. We are not asking for any U.S. places as far as food aid and its assist- taken by African Union monitors. It is troops. We are asking for financial sup- ance to peacekeepers. These will be Af- completely burned out, razed. You can port for the African Union and food aid rican Union peacekeepers. So I want to still see the smoke smoldering. This to be able to maintain the villagers get the practicalities of it out. was taken by monitors, and they got who have been run out of their village. I also admonish my colleagues that there just after the village was burned. With that, we believe firmly that this where we sit as the most powerful Na- I have some very graphic pictures I can and will stop and that people will tion on the face of the Earth, we are am going to be showing. If people don’t be able to return to their villages. called on to remember those who are in want to see them, please turn away. It Time is of the essence. Every day in bondage as if we were in bondage our- is the face of genocide. Genocide, by this harsh climate in this region is a selves. That may seem a strange con- definition, involves the killing of one day that more people die. There simply cept, but when others are free, we are group of people by another. That is are not the resources in the area to be free. If others are in bondage, we are taking place and is taking place now. able to support the individuals who are going to feel those chains and it will This is a young child who was shot in involved. constantly rub against our souls. This the upper right portion of the torso, My colleague covered most of the is something that is important and it and it exits here. You can see the gash points. I plead with my colleagues to is also historic for us. here. We don’t know if this child lived pass this amendment in the supple- When we fought against slavery in or died. He probably died given the mental. It is an emergency need. It is this country, the issue was that the state of health care there. This hap- an emergency that is taking place. bondage of others was our bondage and pened after a raid that took place. This With this, we will be able to save lives. people felt it, they fought against it. It is a child shot in a raid because he was Keep it in the conference report so it is in the great heritage of this country an African child. gets to the President, it gets imple- to fight for freedom for other people, so

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3619 that when they are in bondage we feel Sudan to fill the role Ambassador Dan- Mr. COCHRAN. I ask unanimous con- that, but when we can help break that, forth played so well. As in many sent the reading of the amendment be we will also break bondages on our- things, Pope John Paul II was ahead of dispensed with. selves and make us use the greatness of this. He sent a special envoy last year The PRESIDING OFFICER. Without America for the goodness of the world. so that voices of the people of Darfur objection, it is so ordered. It is that goodness that keeps us mov- might be heard. The amendment is as follows: ing toward greatness. The Bible tells us: Blessed be the (Purpose: To provide assistance to promote This is not a large sum of money we peacemaker. We need to be peace- democracy in Lebanon) are talking about, but it is critically makers today. Let us hold the Govern- On page 175, on line 24, strike important. ment of Sudan accountable for its ‘‘$1,631,300,000’’ and insert ‘‘$1,636,300,000’’. On I yield the floor. crimes and for these atrocities. Let us page 176, line 12 after the colon insert the The PRESIDING OFFICER. The Sen- help the people of Darfur, and in doing following: ‘‘Provided further, That of the ator from Illinois. so let us help to end this genocide. funds appropriated under this heading, not Mr. DURBIN. Mr. President, I salute I yield the floor, and I suggest the ab- less than $5,000,000 shall be made available the Senator from Kansas. I know he sence of a quorum. for programs and activities to promote de- and the Senator from New Jersey have The PRESIDING OFFICER. The mocracy, including political party develop- demonstrated extraordinary leadership clerk will call the roll. ment, in Lebanon and such amount shall be managed by the Bureau of Democracy, on many issues that have come before The bill clerk proceeded to call the Human Rights, and Labor of the Department this Senate, but certainly on the roll. of State:’’. Darfur Accountability Act. I am an Mr. COCHRAN. Mr. President, I ask On page 179, line 24, strike ‘‘$30,500,000’’ and original cosponsor of that bipartisan unanimous consent the order for the insert ‘‘$25,500,000’’. measure and a strong supporter. quorum call be rescinded. The PRESIDING OFFICER. If there The latest estimates tell us more The PRESIDING OFFICER (Mr. is no further debate, the question is on than 300,000 people have died in Darfur. THUNE). Without objection, it is so or- agreeing to the amendment. The world has let this happen. In spite dered. The amendment (No. 370), as modi- of all of our anguished promises after Mr. COCHRAN. Mr. President, I have fied, was agreed to. Rwanda that this would never happen requests to make on behalf of the man- Mr. COCHRAN. I move to reconsider again, it is happening again. Reports agers of the bill with respect to amend- the vote by which the amendment was from aid workers back from Sudan ments that have been cleared on both agreed to, and I move to lay that mo- state that attacks on the ground are sides of the aisle. tion on the table. still taking place. Villages are still The PRESIDING OFFICER. The Sen- being burned. Much of Darfur is still in ator is recognized. The motion to lay on the table was agreed to. a climate of terror. People are still AMENDMENT NO. 422 afraid to go out for basics, to venture Mr. COCHRAN. I send an amendment AMENDMENT NO. 423 out for water, for wood, or the neces- to the desk, on behalf of Mr. LEAHY and Mr. COCHRAN. Mr. President, I now sities of life. Mr. OBAMA, and ask for its immediate send an amendment to the desk, on be- Early this week, Human Rights consideration. half of Mr. LEAHY, providing re- Watch released a new report that Suda- The PRESIDING OFFICER. Without programming authority for certain nese security forces, including police objection, the pending amendments are State Department accounts. I ask for deployed to protect displaced persons, set aside. The clerk will report. its immediate consideration. and allied jingaweit militias continue The legislative clerk read as follows: The PRESIDING OFFICER. The to commit rape and sexual violence on The Senator from Mississippi [Mr. COCH- clerk will report. a daily basis. Refugee camps are no ref- RAN], for Mr. LEAHY and Mr. OBAMA, proposes The legislative clerk read as follows: uge. Women who fled Darfur to refugee an amendment numbered 422. The Senator from Mississippi [Mr. COCH- camps in Chad have been imprisoned by Mr. COCHRAN. I ask unanimous con- RAN], for Mr. LEAHY, proposes an amendment Chadian authorities for trying to col- sent the reading of the amendment be numbered 423. lect firewood outside their camps. dispensed with. Mr. COCHRAN. I ask unanimous con- Many of them were raped while in jail. The PRESIDING OFFICER. Without sent the reading of the amendment be This has become a charnel house. objection, it is so ordered. dispensed with. This is an inferno. This is one of the The amendment is as follows: The PRESIDING OFFICER. Without rings of hell, and it is happening on our On page 194, line 14, delete ‘‘should’’ and objection, it is so ordered. watch. insert in lieu thereof ‘‘shall’’. The amendment is as follows: In some areas of Sudan, women who On page 194, line 16, delete ‘‘Avian flu’’ and are raped by the jingaweit militia are insert in lieu thereof ‘‘avian influenza virus, (Purpose: To provide reprogramming author- now being threatened with prosecution. to be administered by the United States ity for certain accounts in the Depart- Agency for International Development’’. ments of Commerce, Justice, State, the Ju- In short, Darfur still cries out for ac- diciary, and Related Agencies Appropria- tion. If these conditions do not con- The PRESIDING OFFICER. If there tions Act, 2005) stitute an emergency, I do not know is no further debate, the question is on On page 183, after line 23, insert the fol- what does. agreeing to the amendment. lowing new general provision: Do we want to return to the Senate 6 The amendment (No. 422) was agreed SEC. —. The amounts set forth in the months from now and lament the fact to. eighth proviso in the Diplomatic and Con- that another 300,000 victims have been Mr. COCHRAN. I move to reconsider sular Programs appropriation in the FY 2005 added to the death tolls in this area? the vote by which the amendment was Departments of Commerce, Justice, State, The amendment which will be offered agreed to, and I move to lay that mo- the Judiciary, and Related Agencies Appro- later seeks a new U.N. Security Coun- tion on the table. priations Act (P.L. 108–447, Div. B) may be cil resolution with sanctions, concerted The motion to lay on the table was subject to reprogramming pursuant to section 605 of that Act. United States diplomacy, an extension agreed to. of the current arms embargo to cover AMENDMENT NO. 370, AS MODIFIED The PRESIDING OFFICER. If there the Government of Sudan, the freezing Mr. COCHRAN. Mr. President, I call is no further debate, the question is on of assets and denial of visas to those up amendment No. 370, as modified, on agreeing to the amendment. responsible for genocide, crimes behalf of Mr. SALAZAR, concerning de- The amendment (No. 423) was agreed against humanity and war crimes, ac- mocracy assistance for Lebanon. to. celerated assistance of the African The PRESIDING OFFICER. The Mr. COCHRAN. Mr. President, I move Union Mission, and a military no-fly clerk will report. to reconsider the vote by which the zone in Darfur. The legislative clerk read as follows: amendment was agreed to and move to One of the other components of this The Senator from Mississippi [Mr. COCH- lay that motion on the table. amendment is the appointment of a RAN], for Mr. SALAZAR, proposes an amend- The motion to lay on the table was new special envoy to seek peace in ment numbered 370, as modified. agreed to.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3620 CONGRESSIONAL RECORD — SENATE April 14, 2005 AMENDMENT NO. 361 nate the 10-year phase-in period for the EXHIBIT 1 Mr. COCHRAN. Mr. President, I now most severely disabled veterans—those OFFICE OF THE send an amendment to the desk, on be- who were 100 percent disabled. A 10- UNDER SECRETARY OF DEFENSE, half of Mr. REID and Mr. LEVIN, regard- year waiting period was particularly Washington, DC, Dec. 21, 2004. ing retired pay and veterans disability harsh for these veterans, some of whom Dr. KATHLEEN PEROFF, compensation, and ask for its imme- would not live to see their full benefits Deputy Associate Director for National Security, Office of Management and Budget, Wash- diate consideration. restored over the 10-year period, and ington, DC. The PRESIDING OFFICER. The others who could not work a second job DEAR MS. PEROFF: This letter is to advise clerk will report. and were in fact considered ‘‘unemploy- your office of how the Department intends to The legislative clerk read as follows: able.’’ So we passed legislation to end compensate members for full concurrent The Senator from Mississippi [Mr. COCH- the waiting period and provide some re- payment of military retired pay in addition RAN], for Mr. REID, for himself, and Mr. lief to these deserving, totally disabled to their Veterans’ Affairs (VA) disability LEVIN, proposes an amendment numbered veterans. compensation under the provisions of section 361. Unfortunately, the administration’s 1414 of title 10, United States Code, as amended by section 642 of the Ronald Reagan Mr. COCHRAN. I ask unanimous con- implementation of this legislation has created a new inequity by discrimi- National Defense Authorization Act for Fis- sent the reading of the amendment be cal Year 2005 (Public Law 108–375). Section dispensed with. nating between two categories of to- 642 eliminated the phase-in period for those The PRESIDING OFFICER. Without tally disabled retirees. retirees/veterans determined by the Depart- objection, it is so ordered. There are those veterans who have ment of Veterans Affairs to have a disability The amendment is as follows: been awarded a 100 percent disability or combination of disabilities rated as 100 rating by the VA and those whom the percent disabled. (Purpose: To express the sense of the Senate An issue has arisen as to whether this that veterans with a service-connected dis- VA has rated ‘‘totally disabled’’. The veterans considered totally disabled change in the law includes those who are ability rated as total by virtue of rated as less than 100 percent disabled, but unemployability should be treated as cov- are paid at the 100 percent disabled rate. This is because the VA has cer- for whom a rating of 100 percent (total) dis- ered by the repeal of the phase-in of con- ability is assigned by the VA because the in- current receipt of retired pay and veterans tified that their service-connected dis- dividual is deemed unemployable. Based on a disability compensation for military retir- abilities have left them unemployable. legal review of the relevant statutory au- ees) I ask unanimous consent to have thority and legislative intent language (10 On page 169, between lines 8 and 9, insert printed in the RECORD a letter sent by U.S.C. 1414; H. Rept. 108–767), we intend to the following: the Defense Department to the Office consider these unemployable retirees/vet- SENSE OF SENATE ON TREATMENT OF CERTAIN of Management and Budget on this erans covered by the exemption to the phase- VETERANS UNDER REPEAL OF PHASE-IN OF issue last December. in period and grant them full concurrent CONCURRENT RECEIPT OF RETIRED PAY AND The PRESIDING OFFICER. Without payments beginning January 1, 2005. VETERANS DISABILITY COMPENSATION objection, it is so ordered. The determination to include these unemployable retirees/veterans will result in an SEC. 1122. It is the sense of the Senate that (See exhibit 1.) any veteran with a service-connected dis- Mr. REID. The letter indicates clear- added cost of about $1.3 billion in Military ability rated as total by virtue of having Retirement Fund (MRF) outlays over the ly the Defense Department General course of the phase-in period. It will not af- been deemed unemployable who otherwise Counsel’s opinion that both of these qualifies for treatment as a qualified retiree fect costs after the phase-in period or carry groups should be paid their full retired any added increase in accrual costs. Further, for purposes of section 1414 of title 10, United pay and disability compensation under States Code, should be entitled to treatment all the added cost of full concurrent receipt as qualified retiree receiving veterans dis- the law Congress passed last year, and is passed directly to the Treasury for pay- ability compensation for a disability rated it requested permission from OMB to ments to the MRF. While verbal communica- as 100 percent for purposes of the final clause execute the payments to unemploy- tion with relevant congressional committee of subsection (a)(1) of such section, as ables. staff suggests that Congress may not have amended by section 642 of the Ronald W. That permission apparently was not intended to exempt from the phase-in period those unemployable retirees/veterans com- Reagan National Defense Authorization Act forthcoming, since the Pentagon is for Fiscal Year 2005 (Public Law 108–375; 118 pensated for 100 percent disability, neither still withholding payments for the ‘‘un- the amended stature nor legislative intent Stat. 1957), and thus entitled to payment of employable’’ group after all these both retired pay and veterans’ disability language support this position. months—contrary to its own General We plan to issue guidance to the Defense compensation under such section 1414 com- Finance and Accounting System and the mencing as of January 1, 2005. Counsel’s legal review. For all other purposes, both the VA Services on the matter as quickly as pos- Mr. REID. Mr. President, I rise today and the Defense Department treat un- sible. Please advise us if the Administration to speak on the issue of concurrent re- employables exactly the same as those has any differing views. ceipt and the Bush administration’s with 100 percent disability ratings. Sincerely, CHARLES S. ABELL. unfair attempt to continue to restrict In fact, these unemployables must some of our Nation’s veterans from re- meet a criterion that not even the 100 The PRESIDING OFFICER. If there ceiving the full pay and benefits they percent-rated disability retirees have is no further debate, the question is on have earned. to meet. They are certified as unable to agreeing to the amendment. We have debated the ban on concur- work because of their service-con- The amendment (No. 361) was agreed rent receipt for many years. It is an nected disability. The administration to. unfair and outdated policy that I and pays equal combat-related special com- Mr. COCHRAN. Mr. President, I move many others in this Chamber have pensation to both categories. Yet the to reconsider the vote by which the worked hard to end. administration is discriminating un- amendment was agreed to, and I move Over the years, we have made some employables and 100 percent disabled to lay that motion on the table. progress. retirees with noncombat disabilities in The motion to lay on the table was In 2003, the Congress passed my legis- flagrant disregard for the letter of the agreed to. lation which allowed disabled retired law as interpreted by its own legal AMENDMENT NO. 424 veterans with at least a 50-percent dis- counsel. Mr. COCHRAN. Mr. President, I now ability rating to become eligible for The time to act is now. send an amendment to the desk, on my full Concurrent Receipt benefits over a As we stated last year, these vet- own behalf, to make a technical correc- 10-year period. This was a significant erans do not have 10 years to wait for tion to the bill. I ask it be reported. victory, and as a result of the legisla- the full phase-in of their benefits. The The PRESIDING OFFICER. The tion, hundreds of thousands of veterans administration needs to act quickly. clerk will report. today are on the road to receiving both Hopefully, the expression of the Sen- The legislative clerk read as follows: their retirement and disability bene- ate contained in this bill will clarify The Senator from Mississippi [Mr. COCH- fits. the intent of the Congress so those RAN] proposes an amendment numbered 424. And we made further progress last most severely disabled veterans will Mr. COCHRAN. I ask unanimous con- year, with the help of Senator LEVIN begin to reap the benefits of last year’s sent the reading of the amendment be and others, when we were able to elimi- legislation. dispensed with.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3621 The PRESIDING OFFICER. Without You have a wide range of industries Mr. DURBIN. Mr. President, I ask objection, it is so ordered. that use these visas. This is not a paro- unanimous consent that the order for The amendment is as follows: chial issue. It is not just Vermont. I the quorum call be rescinded. On page 219 of the bill, line 16, strike ‘‘or’’ suspect the same argument, one way or The PRESIDING OFFICER. Without and insert ‘‘and’’; the other, could be made in virtually objection, it is so ordered. On page 219 of the bill, line 17, after ‘‘and’’ every State. I would be surprised if AMENDMENT NO. 427 insert ‘‘seismic-related’’. there is any Senator who has not heard Mr. DURBIN. Mr. President, those The PRESIDING OFFICER. If there from a constituent who has been following the debate on the floor un- is no further debate, the question is on harmed by the sudden shortage of H–2B derstand we are considering the supple- agreeing to the amendment visas. Many of them fear they are mental appropriations bill that deals The amendment (No. 424) was agreed going to go out of business altogether with the war in Iraq and Afghanistan, to. if Congress does not make these visas the tsunami relief, and some other very Mr. COCHRAN. I move to reconsider available. important elements. I understand there the vote by which the amendment was Now, the amendment would not raise are pending amendments and also an agreed to, and I move to lay that mo- the cap on the program but would effort to reach an agreement about how tion on the table. allow those who had entered the United future amendments will be offered. So The motion to lay on the table was States in previous years through the even though I will not be offering an agreed to. H–2B program to return. It seems to be amendment at this time, I would like Mr. COCHRAN. Mr. President, I sug- a very fair, very reasonable com- to say a few words about an amend- gest the absence of a quorum. promise. After all, these are people, by ment which I plan to offer as soon as The PRESIDING OFFICER. The definition, who came to the United an agreement is reached and to alert clerk will call the roll. States legally. Then, after coming to my colleagues and those following the The legislative clerk proceeded to the United States legally, they re- debate what we are seeking to achieve. call the roll. turned to their own countries legally, This amendment, which I am proud Mr. LEAHY. Mr. President, I ask as they are required to do. The amend- to cosponsor with Senator KENNEDY unanimous consent that the order for ment also addresses those concerns and Senator LEVIN, relates to troop the quorum call be rescinded. some Members have expressed about training in Iraq. I thank the chairman The PRESIDING OFFICER. Without fraud. and ranking member for their hard objection, it is so ordered. I have been working to solve this cri- work on the bill. I believe it is impera- AMENDMENT NO. 387 sis for more than a year. I joined, last tive we continue to support our troops year, with a very substantial coalition Mr. LEAHY. Mr. President, I notice and address other emergencies in the of both Republican and Democratic we have been in a quorum call and real- world, including the devastating tsu- Senators in introducing S. 2252, the ize I am not taking time from others. I nami that swept across the Pacific Save Summer Act of 2004. This was thought this might be a good time to right after Christmas. note that I am a cosponsor of the Mi- going to increase the cap on the H–2B We fully support our troops. We also kulski amendment. program. Unfortunately, there was a want to see them come home. Training small number of Republican Senators We all know, from the discussion we Iraqi troops to take the lead in Iraq is who opposed it, so they put a hold on had yesterday with the distinguished critical to our success in that country it. It was never allowed to have a vote. Senator from Maryland and others, and to getting our service men and Our constituents suffered the con- that the amendment makes additional women back where they belong—with visas available for aliens who wish to sequences. This year, I have urged the Mikulski- their families at home. Therefore, we perform seasonal work in the United are offering an amendment today to States. We are well aware of that in my Gregg bill, on which this amendment is based, S. 352, be considered by the Judi- measure our progress toward that goal. State of Vermont. We are also aware of In this bill, the Senate is appro- the fact that for the second year in a ciary Committee without delay. It is a bipartisan bill. It deserves to win a priating $5.7 billion for the Iraqi Secu- row the statutory cap on so-called H– rity Forces Fund. The accompanying 2B visas was met before businesses that broad majority in this body. But this is not one of these things we can talk committee report states: needed additional summer employees The funds shall be available to train, were even eligible to apply for visas. about and delay and delay and delay on throughout the spring and summer. equip, and deploy Iraqi security forces as This is kind of a catch-22. They are well as provide increased counterinsurgency told they have to wait for a period of Many of these businesses, if they are capabilities. even going to open their doors, if they time to be eligible to apply for the That is certainly very good. Our are going to stay in business this year, visas, and then when the time comes, troops cannot come home until Iraqi need the relief today. the visas are already used. It has hurt Most of them are small businesses. forces can hold their own. businesses across the country. This An awful lot of them—I know the own- When I was in Iraq just a few weeks amendment would provide needed re- ers in my State; I suspect Senator ago, General Petraeus took us from the lief. Baghdad airport to a training field GREGG from New Hampshire knows In Vermont, many hotels and inns them in his State—are people who nearby, where we saw about 12 Iraqi and resorts that have a busy summer work very hard, with 80- and 90-hour soldiers who were masked to hide their season use these visas. I have heard weeks. They are sort of mom-and-pop identity for fear of retribution from from dozens of these businesses in operations. They own their businesses, their fellow Iraqis as they went Vermont over the past year. They have and they need this seasonal help or through training drills. struggled mightily to manage without they go out of business. If they go out I have not been in the military. I temporary foreign labor. I know the of business, the other people they hire can’t grade these troops as to their Lake Champlain Chamber of Com- year-round are out of a job, and the progress. It certainly appeared that merce, the Vermont Lodging & Res- local community has lost a significant they were learning important skills. taurant Association, and many small place. How many troops in Iraq are reaching businesses in Vermont are vitally con- We should move forward. These are that level of competence, I can’t say. cerned, and I expect similar associa- people relying on us. I do not know the That is the purpose of the amendment. tions and businesses in the other politics of any of these people. I do not Iraqi forces and police must be able States are as well. care. They are relying on us to help to take the lead in conducting counter- It is interesting, one of the places I keep their businesses afloat. insurgency operations. They must be have heard from is a summer business Mr. President, I yield the floor and able to protect their own borders, safe- where I worked when I was working my suggest the absence of a quorum. guard civilian populations, uphold and way through college. I know even then, The PRESIDING OFFICER. The enforce the rule of law. When I met in our little State, to keep it open, to clerk will call the roll. with General Petraeus, he said he be- go forward, they needed those foreign The bill clerk proceeded to call the lieved he was making progress toward workers. roll. that goal, but I think

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3622 CONGRESSIONAL RECORD — SENATE April 14, 2005 we need to have a better metric to Mr. KENNEDY. Mr. President, will there to finish the job, to stabilize evaluate. We have received mixed mes- the Senator from Illinois yield for a their country, and come home. As we sages and mixed information and sta- question? start moving down the line on this tistics from the administration about Mr. DURBIN. Yes, I am happy to. amendment, which the Senator from how many Iraqis are trained and what Mr. KENNEDY. The Senator points Massachusetts and Senator LEVIN have their training really means. out the part of the amendment which cosponsored, we are going to be moving Recent figures we received from the is asking for an estimate of the number toward that goal and delivering the Department of Defense tell us that of troops. I am a member of the Armed right message. 136,000 Iraqis have been officially Services Committee. This issue has Mr. KENNEDY. I thank the Senator. trained and equipped, but it is still not come up in a number of different con- I agree with his conclusions. Many of clear what that means. Does it mean texts. We are talking about an esti- us believe this will be enormously help- that 136,000 Iraqi police, military, and mate. We are looking for an estimate ful in trying to establish the inde- border personnel are ready to defend in 6 months and 12 months and 18 pendent Iraq that all of us would like their country, to protect its citizens months. I am just wondering whether to see. But I thank the Senator for and borders? Are they ready to take on the Senator from Illinois saw the New bringing up this matter. and defeat the serious insurgent threat York Times on April 11 where General This follows other evidence that we against American troops and Iraqis? Casey, top commander in Iraq, told have had at other times in Defense ap- A March GAO study was very skep- CNN a week ago that if all went well, propriations legislation, basically to tical about the numbers. Joseph ‘‘we should be able to take some fairly provide this kind of information to the Christoff, Director of the GAO, testi- substantial reductions in the size of parents, to the military. We are look- fied before the House Government Re- our forces.’’ And another senior mili- ing for a best judgment, best estimate. form Committee that: tary official said American forces in Clearly, today the military is thinking Iraq could drop to around 105,000 by in those terms. I believe we ought to Data on the status of Iraqi security forces is unreliable and provides limited informa- early next year from 142,000 now. have some opportunity to share that tion on their capabilities. Clearly, there are estimates that are information. being considered. It seems that the I thank the Senator from Illinois for That was a result of a GAO report of American people would like to know offering this amendment. the progress being made by our Depart- what these numbers are rather than Mr. DURBIN. Mr. President, I send ment of Defense. We need answers to reading them in the paper. I believe the amendment to the desk. basic questions. That is why we are of- that is what the purpose of the amend- The PRESIDING OFFICER (Mr. MAR- fering the amendment—Senator KEN- ment is—to try to communicate to the TINEZ). Is there objection to setting NEDY, Senator LEVIN, and I—requiring American people what the best judg- aside the pending amendment? the Department of Defense to assess ment is in terms of the troops. Esti- Without objection, it is so ordered. unit readiness of Iraqi forces and evalu- mates can vary. As authors of the The clerk will report. ate the effectiveness and status of amendment, we understand that. But I The bill clerk read as follows: training of police forces. do thank the Senator for referring to The Senator from Illinois [Mr. DURBIN], for himself, Mr. LEVIN, Mr. KENNEDY, Mr. BYRD, Our amendment is straightforward. the GAO report, the fact that the GAO It is a reporting requirement asking for and Mr. LEAHY, proposes an amendment report of March 14 said that U.S. Gov- numbered 427. regular assessments of both the mili- ernment agencies do not report reliable tary forces and the police who are Mr. DURBIN. I ask unanimous con- data on the extent to which the secu- sent that reading of the amendment be being trained with our tax dollars. This rity forces are trained and equipped. is simply accountability. As American dispensed with. The number of Iraqi police is unreli- The PRESIDING OFFICER. Without tax dollars go into Iraq for the training able, and the data does not exclude po- of forces, American taxpayers have the objection, it is so ordered. lice absent from duty. The amendment is as follows: right to know whether we are making All we are trying to do is to get esti- progress. Are we meeting our goals? (Purpose: To require reports on Iraqi mates for the American people. Am I security services) The GAO report indicated, for example, correct? substantial desertions from the ranks On page 169, between lines 8 and 9, insert Mr. DURBIN. The Senator from Mas- the following: of police in Iraq, the number in perhaps sachusetts is correct. He makes a valu- REPORTS ON IRAQI SECURITY FORCES the tens of thousands. That is some- able point. When we in Congress ask thing we need to know if it continues. SEC. 1122. Not later than 60 days after the the Department of Defense, how are we date of enactment of this Act, and every 90 We need to know how many battalions doing in terms of training troops for days thereafter, the President shall submit of soldiers are trained, how effectively the Iraqi side, what are your guesses an unclassified report to Congress, which they can operate. They face a fierce in- and best estimates in terms of when may include a classified annex, that includes surgency. Are they ready for battle? American troops can come home, many a description of the following: We want to give them the tools to suc- times they tell us, we can’t share that (1) The extent to which funding appro- cessfully confront it. information. They give us widely dif- priated by this Act will be used to train and Finally, we also ask for an assess- equip capable and effectively led Iraqi secu- ferent numbers. rity services and promote stability and secu- ment of how many American forces The Senator from Massachusetts rity in Iraq. will be needed in 6, 12, and 18 months. makes the point that spokesmen for (2) The estimated strength of the Iraqi in- We are not imposing a deadline. What the U.S. military apparently speak to surgency and the extent to which it is com- we are doing is saying to the adminis- the media frequently, volunteering in- posed of non-Iraqi fighters, and any changes tration: Tell us on the one hand the formation about how quickly troops over the previous 90-day period. level of success which you are experi- can come home to the United States. If (3) A description of all militias operating encing in training Iraqis to defend it is good enough for CNN, should it in Iraq, including their number, size, their own country and tell us what it strength, military effectiveness, leadership, not be good enough for the USA; should sources of external support, sources of inter- means in terms of American forces. not American taxpayers be given this nal support, estimated types and numbers of When can we expect troops to start re- information? I think we want to know equipment and armaments in their posses- turning if this Iraqi training is success- that. sion, legal status, and the status of efforts to ful? I understand that we have to stay the disarm, demobilize, and reintegrate each mi- As Iraqi troop training expands and course and finish our job. I am com- litia. improves, we certainly hope American mitted to that, even though I shared (4) The extent to which recruiting, train- troops will come home. We all want to Senator KENNEDY’s sentiments about ing, and equipping goals and standards for see progress in Iraq. I want to be able the initiation of the invasion. One of Iraqi security forces are being met, including the number of Iraqis recruited and trained to measure it in a way that everyone in the problems with the insurgency is for the army, air force, navy, and other Min- Congress—and certainly everyone the question of whether we are a per- istry of Defense forces, police, and highway across the country—knows we are manent occupying force. I hope we patrol of Iraq, and all other Ministry of Inte- making meaningful progress. make it clear to the Iraqis that we are rior forces, and the extent to which personal

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3623 and unit equipment requirements have been (16) A list of foreign countries that have viously making progress, but it is far met. withdrawn troops from the Multinational Se- from clear how much. The American (5) A description of the criteria for assess- curity Coalition in Iraq during the previous people deserve an honest assessment ing the capabilities and readiness of Iraqi se- 90 days and the number of troops withdrawn. that provides the basic facts. (17) A list of foreign countries that have curity forces. But that is not what we’re being (6) An evaluation of the operational readi- added troops to the Coalition in Iraq during ness status of Iraqi military forces and spe- the previous 90 days and the number of given. According to a GAO report in cial police, including the type, number, size, troops added. March: unit designation and organizational struc- (18) For offers to provide forces for training U.S. government agencies do not report re- ture of Iraqi battalions that are— that have been accepted by the Iraqi govern- liable data on the extent to which Iraqi secu- (A) capable of conducting counterinsur- ment, a report on the status of such training rity forces are trained and equipped. gency operations independently; efforts, including the number of troops in- It goes on to say: volved by country and the number of Iraqi (B) capable of conducting counterinsur- The Departments of State and Defense no security forces trained. gency operations with United States or Coa- longer report on the extent to which Iraqi se- (19) An assessment of the progress of the lition mentors and enablers; or curity forces are equipped with their re- National Assembly of Iraq in drafting and (C) not ready to conduct counterinsur- quired weapons, vehicles, communications, ratifying the permanent constitution of Iraq, gency operations. equipment, and body armor. (7) The extent to which funding appro- and the performance of the new Iraqi Gov- priated by this Act will be used to train ca- ernment in its protection of the rights of mi- It is clear from the administration’s pable, well-equipped, and effectively led Iraqi norities and individual human rights, and its own statements that they are using the police forces, and an evaluation of Iraqi po- adherence to common democratic practices. notorious ‘‘fuzzy math’’ tactic to avoid lice forces, including— (20) The estimated number of United an honest appraisal. (A) the number of police recruits that have States military forces who will be needed in On February 4, 2004, Secretary Don- received classroom instruction and the dura- Iraq 6, 12, and 18 months from the date of the ald Rumsfeld said: report. tion of such instruction; We have accelerated the training of Iraqi (B) the number of veteran police officers Mr. DURBIN. I thank the Chair. The PRESIDING OFFICER. The Sen- security forces, now more than 200,000 who have received classroom instruction and strong. the duration of such instruction; ator from Massachusetts. (C) the number of Iraqi police forces who Mr. KENNEDY. Mr. President, I Then, a year later, on January 19, have received field training by international thank Senator DURBIN for bringing up 2005, Secretary Condoleezza Rice said police trainers and the duration of such in- this matter on the supplemental. I wel- that: struction; come the opportunity to join with him We think the number right now is some- (D) a description of the field training pro- and our colleague from Michigan, Sen- where over 120,000. gram, including the number, the planned On February 3, 2005, in response to number, and nationality of international ator LEVIN, and others who support the questions from Senator LEVIN at a Sen- field trainers; amendment. As we have outlined, this (E) the number of police present for duty; amendment basically requires periodic ate Armed Services Hearing, General (F) data related to attrition rates; and reports on the progress we are making Richard Myers, chairman of the Joint (G) a description of the training that Iraqi in training Iraqi security forces. Chiefs of Staff, conceded that only police have received regarding human rights The Senate is currently debating an 40,000 Iraqi security forces are really and the rule of law. appropriations bill that would provide capable. He said: (8) The estimated total number of Iraqi $81 billion, primarily for our ongoing 48 deployable (battalions) around the coun- battalions needed for the Iraqi security war effort in Iraq. This funding will try, equals about 40,000, which is the number forces to perform duties now being under- that can go anywhere and do anything. taken by the Coalition Forces, including de- bring the total U.S. bill for the war in fending Iraq’s borders, defeating the insur- Iraq to $192 billion—and still counting. Obviously, we need a better account- gency, and providing law and order. All of us support our troops. We obvi- ing of how much progress is being made (9) The extent to which funding appro- ously want to do all that we can to see to train and equip effective and capable priated by this Act will be used to train Iraqi that they have proper equipment, vehi- Iraqi Security forces. security forces in counterinsurgency oper- cles, and everything else they need to I am encouraged by reports from our ations and the estimated total number of protect their lives as they carry out commanders in Iraq that we are mak- Iraqi security force personnel expected to be their mission. It is scandalous that the ing enough progress in fighting the in- trained, equipped, and capable of partici- surgents and training the Iraqi secu- pating in counterinsurgency operations by administration has kept sending them the end of 2005 and of 2006. into battle in Iraq without proper rity forces to enable the Pentagon to (10) The estimated total number of ade- equipment. No soldier should be sent plan for significant troop reductions by quately trained, equipped, and led Iraqi bat- into battle unprotected. No parents early next year. talions expected to be capable of conducting should have to go in desperation to the On March 27, General Casey, our top counterinsurgency operations independently local Wal-Mart to buy armored plates commander in Iraq, said, if things go and the estimated total number expected to and mail them to their sons and daugh- well in Iraq, ‘‘by this time next year be capable of conducting counterinsurgency ters serving in Iraq. . . . we should be able to take some operations with United States or Coalition Our military is performing bril- fairly substantial reductions in the size mentors and enablers by the end of 2005 and of 2006. liantly under enormously difficult cir- of our forces.’’ (11) An assessment of the effectiveness of cumstances. But they don’t want—and According to the New York Times, on the chain of command of the Iraqi military. the American people don’t want—an Monday, senior military officials are (12) The number and nationality of Coali- open-ended commitment. After all the saying American troop levels in Iraq tion mentors and advisers working with blunders that took us into war, we need could ‘‘drop to around 105,000’’ by early Iraqi security forces as of the date of the re- to be certain that the President has a in 2006. port, plans for decreasing or increasing the strategy for success. These reports are welcome news after number of such mentors and advisers, and a The $5.7 billion in this bill for train- 2 years of war in Iraq. description of their activities. ing Iraqi security forces is a key ele- April 9 marked the second anniver- (13) A list of countries of the North Atlan- tic Treaty Organisation (‘‘NATO’’) partici- ment of a successful strategy to sta- sary of the fall of Baghdad, and in pating in the NATO mission for training of bilize Iraq and withdraw American these last 2 years we have paid a high Iraqi security forces and the number of military forces. price for the invasion of Iraq. troops from each country dedicated to the The administration has spoken fre- America went to war in Iraq because mission. quently about the need for these funds. President Bush insisted that Iraq had (14) A list of countries participating in But there has been no accountability. strong ties to al-Qaida. It did not. We training Iraqi security forces outside the It is time to put some facts behind our went to war because President Bush in- NATO training mission and the number of policy, and that is what this amend- sisted that Saddam Hussein was on the troops from each country dedicated to the verge of acquiring a nuclear capability. mission. ment does. (15) For any country, which made an offer The administration has never really He was not. Long after the invasion of to provide forces for training that has not given us a straight answer about how Iraq began, our teams were scouring been accepted, an explanation of the reasons many Iraqi security forces are ade- possible sites for weapons of mass de- why the offer was not accepted. quately trained and equipped. We’re obstruction. Finally, last January, 21

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3624 CONGRESSIONAL RECORD — SENATE April 14, 2005 months after the invasion, the search elections in January we have still lost Our men and women in uniform, and was called off all together. more than one soldier a day. the American people deserve to know As Hans Blix, the former chief U.N. We need to train the Iraqis for the that the President has a strategy for weapons inspector, said in a lecture stability of Iraq. But we also need to success. They want to know how long last month, the United States preferred train them because our current level of it will take to train the Iraqi security ‘‘to believe in faith based intelligence.’’ deployment is not sustainable. Our forces to ably defend their own country Today, American forces continue to military has been stretched to the so American men and women will no serve bravely and with great honor in breaking point, with threats in other longer have to die in Iraq. They want Iraq. But the war in Iraq has made it parts of the world ever-present. to know when we will have achieved more likely—not less likely—that we As the Defense Science Board told our mission, and when our soldiers will will face terrorist attacks in American Secretary Rumsfeld last September, be able to come home with dignity and cities, and not just on the streets of ‘‘Current and projected force structure honor. Baghdad. The war has clearly made us will not sustain our current and pro- At a March 1 hearing in the Senate less safe and less secure. It has made jected global stabilization commit- Armed Services Committee, General the war against al-Qaida harder to win. ments.’’ Abizaid, the leader of the Central Com- LTG John Riggs said it clearly: ‘‘I As CIA Director Porter Goss told the mand, gave the clearest indication so have been in the Army 39 years, and Senate Intelligence Committee on Feb- far about when our mission might end. I’ve never seen the Army as stretched ruary 16, we have created a breeding General Abizaid said, ‘‘I believe that in that 39 years as I have today.’’ A full ground for terrorists in Iraq and a in 2005, the most important statement worldwide cause for the continuing re- 32 percent of our military has already served two or more tours of duty in that we should be able to make is that cruitment of anti-American extrem- Iraq or Afghanistan. That fact makes in the majority of the country, Iraqi ists. security forces will take the lead in He said: it harder for us to respond to threats elsewhere in the world. fighting the counterinsurgency. That is The Iraq conflict, while not a cause of ex- The war has also undermined the our goal.’’ tremism, has become a cause for extremists Speaking about the capabilities of . . . Islamic extremists are exploiting the Guard and Reserve. Forty percent of the troops in Iraq are Guard or Reserv- the Iraqi security forces, General Iraqi conflict to recruit new anti-U.S. Abizaid said, ‘‘I think in 2005 they’ll jihadists . . . These jihadists who survive ists, and we are rapidly running out of will leave Iraq experienced in and focused on available soldiers who can be deployed. take on the majority of the tasks nec- acts of urban terrorism. They represent a po- The average tour for reservists re- essary to be done.’’ That’s this year. tential pool of contacts to build called to active duty is now 320 days, On March 27, General Casey, com- transnational terrorist cells, groups, and close to a year. In the first Gulf War, it manding General of the Multi-National networks in Saudi Arabia, Jordan and other was 156 days; in Bosnia and Kosovo, 200 Force in Iraq said, ‘‘By this time next countries. days. In December, General James year . . . assuming that the political Three and a half years after the 9/11 Helmley, the head of the Army Re- process continues to go positively . . . attacks, al-Qaida is still the gravest serves warned that the Reserve ‘‘is rap- and the Iraqi army continues to threat to our national security, and idly degenerating into a ‘broken’ progress and develop as we think it the war in Iraq has ominously given al- force’’ and ‘‘is in grave danger of being will, we should be able to take some Qaida new incentives, new recruits, and unable to meet other operational re- fairly substantial reductions in the size new opportunities to attack us. quirements.’’ of our forces.’’ According to CIA Director Goss, ‘‘al- The families of our military, Guard Our troops are clearly still needed to Qaida is intent on finding ways to cir- and Reserves are also suffering. Troops deal with the insurgency. Just as clear- cumvent U.S. security enhancements in Iraq are under an order that pre- ly, we need an effective training pro- to strike Americans and the home- vents them ever from leaving active gram to enable the Iraqis to be self-re- land.’’ duty when their term of service is over. liant. Admiral James Loy, Deputy Sec- A survey by the Defense Department But there is wide agreement that the retary of Homeland Security, also last May found that reservists, their presence of American troops fuels the warned the Intelligence Committee spouses, their families, and their em- insurgency. If the Iraqis make signifi- about the threat from al-Qaida. He ployers are less supportive now of their cant progress this year, it is perfectly said, ‘‘We believe that attacking the remaining in the military than they logical to expect that more American homeland remains at the top of al- were a year ago. troops will be able to return home. Qaida’s operational priority list . . . The war has clearly undermined the Shortly after the elections in Iraq in We believe that their intent remains Pentagon’s ability to attract new re- January, the administration an- strong for attempting another major cruits and retain those already serving. nounced that 15,000 American troops In March, the active duty Army fell operation here.’’ that were added to provide security for short of its recruiting goal by a full 32 The danger was also emphasized by the elections would return. Robert Mueller, the FBI Director, who percent. Every month this year, the Additional reductions in our military Marines have missed their recruiting told the Intelligence Committee, ‘‘The presence, as Iraqis are trained to take goal. The last time that happened was threat posed by international ter- over those functions, would clearly July 1995. rorism, and in particular from al-Qaida The Army Reserves are being hit es- help take the American face off the oc- and related groups, continues to be the pecially hard. In March, it missed a re- cupation and send a clearer signal to gravest we face.’’ He said, ‘‘al-Qaida cruiting goal by almost half, falling the Iraqi people that we have no long- continues to adapt and move forward short by 46 percent. term designs on their country. with its desire to attack the United To deal with its recruiting problems, In US News and World Report in Feb- States using any means at its disposal. the Army National Guard has in- ruary, General Abizaid emphasized this Their intent to attack us at home re- creased retention bonuses from $5,000 basic point. He said ‘‘An overbearing mains—and their resolve to destroy to $15,000 and first-time signing bo- presence, or a larger than acceptable America has never faltered.’’ nuses from $6000 to $10,000. The Pen- footprint in the region, works against In addition to taking the focus off tagon has raised the maximum age for you . . . The first thing you say to the real war on terror—the war against Army National Guard recruits from 34 yourself is that you have to have the al-Qaida—the war in Iraq has cost us to 39. Without these changes, according local people help themselves.’’ greatly in human terms. to General Steven Blum, Chief of the Deputy Secretary Wolfowitz stated in Since the invasion began, we have Army National Guard, ‘‘The Guard will a hearing at the Senate Armed Serv- lost more than 1500 servicemen and be broken and not ready the next time ices Committee on February 3, ‘‘I have women. More than 11,500 have been it’s needed, either here at home or for talked to some of our commanders in wounded. That’s the equivalent of a war.’’ the area. They believe that over the full Army division, and we only have 10 We all hope for the best in Iraq. We course of the next six months you will active divisions in the entire army. De- all want democracy to take root firmly see whole areas of Iraq successfully spite recent progress, since the Iraqi and irrevocably. handed over to the Iraqi army and

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3625 Iraqi police.’’ Today 2 of those 6 lent aftermath. All of us, those of us equipped Iraqi soldiers, there were still months have passed, and all of us hope who were critics and those of us who but 30,000 personnel in Iraq who were that we are on track to meet his goal. were supporters, now have a common deployable. Before the election in Iraq in Janu- interest in Iraq and have had, once the This is what General Myers said in ary, the administration repeatedly decision was made to go into Iraq, and February: That there are about 40,000 stated that 14 of the 18 provinces in that is that we succeed in Iraq. Iraqis in the police and military bat- Iraq are safe. We heard a similar view Success in Iraq requires that the talions, 40,000 that can ‘‘go anywhere in in a briefing from Ambassador Iraqis take over their own defense and the country and take on almost any Negroponte earlier this year. their own security. This amendment threat.’’ If some areas can soon be turned over will help give us a roadmap toward un- That is a very different impression to the Iraqis, as Secretary Wolfowitz derstanding how long it will take, what than is given by the weekly status re- indicated, it should be done. It would is necessary, what the cost will be for ports we get from the administration. be a powerful signal to the Iraqi people the Iraqis to take over their own secu- This is the State Department’s most that the United States is not planning rity, the key to our exit, first reduc- recent weekly status report as to what a permanent occupation of their coun- tions in our American forces, and then they call trained-and-equipped Iraqi try. If entire areas are being turned to our ultimate departure from Iraq, forces—152,000 this week. over to the Iraqis, we should be able to and the key to it is how quickly we can There are not 152,000 Iraqi forces ca- bring more American troops home. turn over to Iraq their own security. pable of taking on insurgents. If we are We know the road ahead will be dif- This amendment sets forth a number lucky, the number is about one-third of ficult, because the violence is far from of reporting requirements, which will that. But we have to know two num- ended. help us to make a judgment as to how bers, not just one, not just the weekly The President’s commitment to quickly that can be done, which will State Department number as to how keeping American troops in Iraq as help the American people to under- many people are trained and equipped, long as it takes and not a day longer is stand there is a strategy here, there but how many of those people are suffi- not enough for our soldiers and their are markers along the road we are on ciently trained and equipped so they loved ones. They deserve a clearer indi- which will tell us whether we are can take on the insurgency. That is the cation of what lies ahead, and so do the achieving that essential security and, critical number—how many are capable American people. more importantly, whether the Iraqis militarily of taking on insurgents. President Bush should be able to tell are achieving that essential security I will give one other example of the us how much progress—how much real for themselves. discrepancy of the characterization of progress—we are making in training Two things are going to be necessary the capability of Iraqi forces. the Iraqi security forces. Our amend- here for success to be achieved. One is When this supplemental in front of us ment asks for specific information on to secure the area and the other is a was provided to us in February, this is that progress, if it’s happening. political accommodation between the what the supplemental represented to President Bush should be able to tell people in Iraq—people who have dif- us: That 89 of the 90 battalions of Iraqi us how many American soldiers he ex- ferent religious beliefs, different ethnic security forces that have been fielded— pects will still be in Iraq 6 months from backgrounds, people who are now going 89 of 90—are ‘‘lightly equipped and now, 12 months from now, 18 months to have to put themselves together to armed and have very limited mobility from now. form a nation. and sustainment capabilities.’’ That is General Abizaid and other military In terms of the training of Iraqi about 95 percent plus of the Iraqi secu- officials have begun to provide clari- troops, we have very different esti- rity forces today, according to the sup- fication of that very important issue, mates over the months, and it is very plemental request; 95 percent are light- and I hope the President will as well. difficult for us in Congress and for the ly equipped and armed and have lim- Our amendment contributes signifi- American people to make a judgment ited mobility and sustainment. How cantly to that goal, and I urge my col- as to how quickly we are going to be different that is from the most recent leagues to support it. able to reduce our presence in Iraq—a weekly report we just received of The PRESIDING OFFICER. The Sen- presence which has fueled the insur- 152,000 troops. ator from Michigan is recognized. gency against us, which is used as a It is essential, it is critically impor- Mr. LEVIN. Mr. President, I rise to propaganda tool against us, because we tant, no matter what one’s views of the support the amendment Senator KEN- are characterized as Western occupiers war are—the wisdom of going in, how NEDY has addressed, which was intro- in a Muslim nation. The longer we stay well run it has been since we went in— duced by Senator DURBIN. It represents there, the more troops we have there, no matter how pessimistic or opti- an effort to obtain information that is the more we play into the hands of mistic one is, no matter how critical or critically important to the American those who want to destroy us and de- positive one is, in terms of the oper- people in reaching a judgment, criti- stroy the hopes of Iraqis for a nation. ations and the way they were planned cally important to the Congress in I want to give a few examples of the or not planned and the decision to go reaching a judgment, critically impor- discrepancies in the characterization of in as we did, we must have numbers, we tant, I believe, to our military leaders, the ability of the Iraqis to protect and must have estimates, which this first and foremost, in reaching a judg- defend themselves. Back in September amendment would require in regular ment as to how quickly we can remove of last year, President Bush said the reports, as to what the capabilities are forces from Iraq. following: of the Iraqi forces. It is in everybody’s interest that we Nearly 100,000 fully trained— We need two numbers. We need that succeed in Iraq. Some of us who were I emphasize fully trained. total number, 152,000, but we need the highly critical of the way we went into —and equipped Iraqi soldiers, police officers, number of Iraqi forces that are capable Iraq—more unilaterally than we should and other security personnel are working of taking on the insurgents: How many have, without the support of any Mus- today. are deployable? how many have real lim nations, making our presence a But then George Casey, our com- mobility and sustainment capabilities? Western occupation of a Muslim na- mander of the multinational force in How many are well trained and tion, with all of the problems that Iraq, in January said the following: equipped so they can take on the insur- unleashes, and many of us who have When Prime Minister Allawi took office in gents? been critical of the way in which the June of 2004, he had one deployable bat- That number is critical to Iraq. It is Iraqi army was disbanded unilaterally, talion. Today, he has 40. When you multiply critical to Americans. Americans have without much thought, and the way in 40 battalions that are deployable with the the right to know the information this which we did not have a plan for a vio- number of people in each battalion, it comes amendment requires be provided in lent aftermath when we went in, the out to approximately 30,000 personnel. regular reports. way in which we didn’t listen to our So when General Casey spoke in Jan- I have one other comment before I military leaders in terms of the need to uary, months after President Bush told yield the floor. In addition to the secu- prepare for the possibility of the vio- us there were 100,000 fully trained and rity requirements that must be met so

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3626 CONGRESSIONAL RECORD — SENATE April 14, 2005 we can say that our involvement in this administration. I hope this has rely on seasonal workers are clearly Iraq has been a success, there must be broad support and the Senate adopts put at a disadvantage. a political accommodation. That polit- the Durbin amendment. I have heard from these employers. ical accommodation, in many ways, is I thank the Chair, and I yield the One of our most important jobs that I more complicated than the military floor. have as a Senator is to listen to people situation. We need people who now dis- The PRESIDING OFFICER. The Sen- out there in the real world, to see what trust each other, people who have at- ator from Virginia. are the effects of certain laws and see tacked each other over the decades, to AMENDMENT NO. 387 if there are ways to allow those in the now come together politically and to Mr. ALLEN. Mr. President, I rise free enterprise system, particularly work out a new constitution which will today to speak in support of an amend- small businesses, to continue to oper- protect the rights of minorities in Iraq. ment that my good friend from Mary- ate. I do listen to my constituents. My We have a major group in Iraq, the land, Senator MIKULSKI, and I and a constituents have clearly voiced their Shi’a, who feel, and properly so, that a number of other Senators have offered concerns about the H–2B program and small minority of Sunni Baathists, par- and which does have bipartisan sup- have asked for help. I think it is impor- ticularly in the leadership of the port. It has to do with the H–2B visa tant that we respond. Baathist political movement, attacked program. I will give some examples of what is the Shi’as with gas and with other Small businesses all over our Nation going on. There is a company called means. These are Iraqis who were de- count on the H–2B visa program to WEMOW. WEMOW is a landscaping destroyed by Iraqis, by Saddam Hussein keep their businesses operating. Many sign and lawn maintenance company in and the henchmen who were around use this program year after year be- Blacksburg, VA. This company relies Saddam Hussein. So the Shi’a commu- cause it is the only way they can le- heavily on the H–2B program, and nity needs to accommodate themselves gally hire temporary or seasonal posi- sadly they have had to cut back on to a significant protection for a Sunni tions when no American workers are services they can provide because of minority, and that Sunni minority available. These companies hire all the the lack of a workforce to meet that must get used to the fact, the reality, American workers they can find, and demand. Christopher Via, who is the the Shi’as are the majority of Iraqis, they do look for American workers. president of WEMOW, wrote me. I will and they have elected a majority of But if they cannot find them, they quote from his letter. He said: members who are going to be present need to get additional seasonal help, While my company spends considerable in the Iraqi Assembly. Of course, there they need to find workers to meet the time and money to recruit U.S. workers, the is the yearning of the Kurds for signifi- demands of their businesses and, in- positions we need to fill are hot, labor inten- cant autonomy. All that needs to be deed, to stay in business. These busi- sive, physically exhausting low- and semi- put together. nesses are in construction, seafood, skilled jobs that many Americans do not It is a very complicated equation for yard services, tourism and other season want to fill. Therefore, our ability to meet seasonal demand and stay in business relies that to happen. As we hopefully enterprises. Congress has capped the H–2B visa on finding temporary workers. H–2B workers achieve some success on the security have proven critical in filling this need. side, we must keep a very wary eye program at 66,000 visas per year. That has not been adjusted since this visa Of course, they are late in the season, open as to what is happening or not so therefore they do not get the work- happening on the political side of the category was initially capped in 1990. So since 1990 the visa cap has been ers they could to meet those needs. challenge in Iraq. Another letter I received is from a The constitution will be written by a 66,000. However, during those years, company in Yorktown. Yorktown is a commission which will be selected by and here we are 15 years later, there very famous tourism area. Stephen C. an assembly which is now in place. are a variety of factors that have ham- Barrs, the president of C.A. Barrs Con- That assembly will have its Prime Min- pered U.S. employers from having the tractor, Inc., wrote: ister within the next few days and will ability to find and hire more willing then be able to select a constitutional American workers for short-term posi- While our company recruits U.S. workers, tions. The shortages occur for a variety our company and our industry as a whole commission which will write a con- have been unable to find American workers. stitution. That commission needs to of reasons. It is actually getting much We have presented evidence to the Depart- reflect the Iraqi people, not the make- worse because Americans are unwilling ment of Labor that there are no U.S. workers up of the assembly which has much too to engage in low-skilled, semi-skilled available to fill our vacant positions. Our small a percentage of Sunnis, given the short-term employment. In most in- company employs approximately 100 people, fact they did not vote. But the Shi’a stances, Americans are unwilling to re- and we specialize in road construction. The majority needs to be wise enough, in locate to a new location for several H–2B program provides foreign employees selecting the commission that will months out of a year, a move that who have proven tremendous employees. We many of these short-term jobs require. have relied on the H–2B program for 6 years write the constitution, to have a broad- and find this program invaluable. Once our ly representative commission that will That is logical. People aren’t going to season ends, our H–2B workers return home. write a constitution that is protective want to move for 3 or 4 months and This is more a small business issue than an of the minorities in Iraq, that will then move back to another place. immigration issue. We fear this program is guarantee majority rights, of course, According to the Department of in jeopardy, and if it is cut in any way, our but that in any decent nation will pro- Homeland Security, the H–2B cap of small businesses will sustain a very dam- tect the minority as well. 66,000 was reached a few months into aging loss. That is the challenge they face. They the fiscal year. This is the second year These are two of hundreds of letters are supposed to meet that challenge by in a row the cap has been reached this I have received from small businesses August. They will not do that, obvi- early. You may wonder why we are all across Virginia, asking for our im- ously. They have a 6-month extension reaching the cap at such an early mediate help. Our amendment does beyond that where they must write a stage. What is the problem? Under cur- that. It provides an immediate legisla- constitution. Getting that constitution rent law employers cannot file an H–2B tive remedy that helps these businesses written is a major challenge, and any- application until 120 days before they get part-time seasonal workers. thing we can do to facilitate that, it need the employee. Therefore, the H–2B Before I get into the details of what seems to me, would be very wise, in- program puts businesses whose peaks this amendment does, I want to clearly deed. are in the summer and in the autumn outline what this amendment does not We have two challenges, one of which at a disadvantage because the Citizen- do. I first want to stress that this is addressed in the amendment before ship and Immigration Services cannot amendment in no way changes the ex- us relative to Iraqi security and the process their applications until at least isting requirements for applying for an progress they are hopefully making, to January or February, since these jobs H–2B visa. U.S. employers must dem- give us the information that is impor- generally start around Memorial Day. onstrate to State and Federal depart- tant for a judgment to which the Therefore, if the cap is reached in Jan- ments of labor that there are no avail- American people, the Congress, and our uary and February, as it was in the last able U.S. workers to fill vacant sea- uniformed military are entitled from several years, these employers who sonal positions. Subsequently, they

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3627 must obtain an approved labor certifi- The PRESIDING OFFICER. The Sen- Mr. SALAZAR. Mr. President, before cation from the U.S. Department of ator from Colorado is recognized. commenting on this amendment, I wish Labor, file a visa petition application Mr. SALAZAR. Mr. President, I ask to take a minute to thank the chair- with the Citizenship and Immigration unanimous consent that the pending man and ranking member, Senators Service for H–2B workers, and obtain amendments be set aside. COCHRAN and BYRD, for all their hard approved H–2B visas for workers in The PRESIDING OFFICER. Without work on this important bill. I am espe- their home countries. objection, it is so ordered. cially appreciative of the help and sup- With that understanding, I would AMENDMENT NO. 351 port they have offered this Senator on like to outline what this amendment Mr. SALAZAR. Mr. President, I send two amendments. does effectuate. Specifically, our an amendment to the desk. They and their staffs have been help- amendment would exempt temporary The PRESIDING OFFICER. The ful as we try to ensure that the brave seasonal workers who have partici- clerk will report. Lebanese people who stood up to their pated in the H–2B visa program, and The legislative clerk read as follows: Syrian occupiers know we are here to have completely followed the law dur- The Senator from Colorado [Mr. SALAZAR] support them. Earlier today we made a ing the past 3 fiscal years from count- proposes an amendment numbered 351. down payment on a commitment to ing toward the statutory cap of 66,000. Mr. SALAZAR. Mr. President, I ask help ensure they have the free and fair Second, this amendment has a num- unanimous consent that reading of the elections and strong and vibrant de- ber of new antifraud provisions. One amendment be dispensed with. mocracy they have earned. I want espe- such provision requires employers to The PRESIDING OFFICER. Without cially to thank the staffs of Senators objection, it is so ordered. pay an additional fee of $150 on each H– MCCONNELL and LEAHY for the help on The amendment is as follows: 2B petition, and those fees are placed the Lebanon amendment. into the fraud and prevention detection (Purpose: To express the sense of the Senate that the earned income tax credit provides I am also hopeful that we will be able account of the U.S. Treasury. to fix something that I have considered Third, this amendment creates new critical support to many military and civilian families) an injustice since I came to the Senate sanctions for those who misrepresent At the appropriate place, insert the fol- earlier this year. The assistance we facts on a petition of an H–2B visa. lowing: provide to military families in the This provision is designed to further SEC. l. SENSE OF THE SENATE ON THE EARNED event of a loss of their family member strengthen the Department of Home- INCOME TAX CREDIT. is referred to as the ‘‘death gratuity.’’ land Security’s enforcement power to (a) FINDINGS.—The Senate makes the fol- That is a misnomer, and I am hopeful sanction those who violate our Na- lowing findings: (1) In an effort to provide support to mili- that we will be able to correct that by tion’s immigration laws. If an em- renaming this assistance as something ployer violates this section, the De- tary families, this Act includes an important increase in the maximum payable benefit more fitting, namely, ‘‘Fallen Hero partment of Homeland Security will under Servicemembers’ Group Life Insurance Compensation.’’ have the power to fine the individual from $150,000 to $400,000. Regarding the amendment I have just employer and/or not approve, of course, (2) In an effort to provide support to mili- sent to the desk, it is quite simple. It their H–2B petitions. tary families, this Act includes an important clearly states our support for the Fourth, moreover, the amendment increase in the death gratuity from $12,000 to earned income tax credit, especially $100,000. divides the cap more equitably, giving because this program benefits working half of the visas to fall and winter busi- (3) In an effort to provide support to military families, this Act includes an important families and a large amount of our ac- nesses and half to spring and summer tive duty military personnel. businesses. So you do not get into this increase in the maximum Reserve Affiliation bonus to $10,000. Given that we are considering a bill whole gaming situation of when do the (4) The Federal earned income tax credit that provides critical support to our applications get in, and end up with a (EITC) under section 32 of the Internal Rev- troops and their families and that later frustrating disruption at the end of the enue Code of 1986 provides critical tax relief this week many millions of Americans year. and support to military as well as civilian will be filing their taxes, I believe this Finally, this amendment adds some families. In 2003, approximately 21,000,000 amendment needed to be heard on this simple, commonsense reporting re- families benefitted from the EITC. bill this week. quirements that will allow Congress to (5) Nearly 160,000 active duty members of get more information on the H–2B pro- the armed forces, 11 percent of all active The EITC was first enacted in 1975 to duty members, currently are eligible for the gram users as we in Congress move to- aid the working poor. According to an EITC, based on analyses of data from the De- analysis released just this week by a ward a more comprehensive, long-term partment of Defense and the Government Ac- solution to this problem. highly respected, non-partisan insti- countability Office. tute in Denver, the Bell Policy Center, Our amendment provides the needed (6) Congress acted in 2001 and 2004 to ex- temporary addressing and the fix that pand EITC eligibility to more military per- in the past year, more than 150,000 ac- is needed to a problem that, if left un- sonnel, recognizing that military families tive military personnel nationwide resolved, will ultimately harm our and their finances are intensely affected by qualified for the EITC. In my State of economy. Jobs will be lost, whether war. Colorado alone, over 3,000 members of (7) With over 300,000 National Guard and re- the military qualified for the EITC. they are in landscaping, whether they servists called to active duty since Sep- are in seafood, whether they are in con- The EITC has long enjoyed bipartisan tember 11, 2001, the need for tax assistance is support because the credit is extended tracting, whether they are in tourism. greater than ever. These are all small businesses. They (8) Census data shows that the EITC lifted only to families that have work in- are good, law-abiding citizens. They 4,900,000 people out of poverty in 2002, includ- come. Most recently, under the leader- are trying to use and will use this pro- ing 2,700,000 children. The EITC lifts more ship of Senator MARK PRYOR, this body gram lawfully, but we need to bring children out of poverty than any other single overwhelmingly approved the expan- some common sense into this program. program or category of programs. sion of the EITC to more military fam- (b) SENSE OF THE SENATE.—It is the sense We need to act as soon as possible. ilies. of the Senate that— That is as it should be . . . given all Many of these businesses are family (1) Congress should take steps necessary to businesses, and they need to stay in op- support our troops and their families; that these families give for our coun- eration. They provide services which (2) it is not in the interests of our troops try, it is the least the country can do their customers and the people in their and their families to reduce the earned infor them. communities desire. come tax credit under section 32 of the Inter- Now, however, it appears that this ef- I strongly and respectfully urge my nal Revenue Code of 1986; and fective program that has lifted over 2.7 colleagues to vote in favor of this (3) the conference committee for H. Con. million children above the poverty Res. 96, the concurrent resolution on the level is coming under attack. amendment. It is not solely an immi- budget for fiscal year 2006, should not as- gration issue. As my friend and con- sume any reduction in the earned income tax Recently the House of Representa- stituent from Yorktown said, this is a credit in the budget process this year, as pro- tives indicated that it is considering small business issue as well. vided in such resolution as passed by the cutting the EITC in its budget rec- I thank the Chair. I yield the floor. House of Representatives. onciliation. Such cuts, if enacted by

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3628 CONGRESSIONAL RECORD — SENATE April 14, 2005 the full Congress, could lead to higher poorly funded since it collected little with the terrorists. We look to the Pal- taxes for many of our military fami- money. Mr. Fayyad forced all the in- estinian Authority to do that. lies. coming funds to be put into the general Why in the world would we keep our This is not fair and this is not right. treasury and disbursed by the Finance President from making the decision At a time when many of our military Minister. that would give the money to the Pal- personnel are overseas and when our The next thing he did was direct de- estinian Authority, which is the group national guard reserves have been posits for Palestinian security forces. we are counting on to provide security called up at historic rates, we should Previously, money was given in plastic and to provide the social safety net? be providing for our men and women in bags to commanders for them to dis- Nongovernment agriculture organiza- uniform. We should not be taking away tribute. Obviously, this led to what tions can provide valuable help in sup- from them and placing them at a great- might generously be called a lot of port of what the Palestinian Authority er financial disadvantage. mismanagement of those funds. Now is doing. If we are going to do business I hope the Senate will be heard loud- soldiers are much happier because they with the Palestinian Authority, and ly and clearly that this is not the right get their pay on time, and the govern- are going to expect them to be ac- thing to do. Our troops and their fami- ment is sure the money is going where countable for keeping things safe and lies deserve no less. it should. The soldiers and the govern- providing a basic level of social serv- I urge my Senate colleagues to reject ment both know the money is not ices so people are able to eat, we should any cuts to the EITC. going to somebody who didn’t earn it. deal directly with them. At the very I yield the floor. Public budgeting: He issued the first least we should give the President of The PRESIDING OFFICER. The Sen- publicly detailed budget for the Au- the United States the authority, as the ator from Tennessee. thority, which totaled about $1.28 bil- Senate bill does, to deal directly with Mr. ALEXANDER. Mr. President, I lion. The Ministry now issues public the Palestinian Authority. thank the Senator from Colorado. In monthly reports of the government’s I am happy with what our Committee fact, I rise to discuss an individual who financial status. on Appropriations has done. I disagree the Senator from Colorado and I met Eliminating graft: Due to his efforts, with what the House of Representa- when we were part of a bipartisan dele- revenue of the Palestinian Authority is tives has done, and I suppose the mat- gation led by the Democratic leader, up from $45 million to $75 million, ter will go to conference. I hope in the HARRY REID, a couple of weeks ago. On largely because money that was conference the Senators will insist on that trip, we visited a number of coun- skimmed off the top in the past is the Senate provision, and I hope our tries—Kuwait, Iraq, Israel, France, going into the treasury where it be- House Members will see the wisdom of Georgia, Ukraine, and the Palestinian longs. I am not just saying this today giving our President the discretion to territory. We saw a number of emerg- because I want to give a pat on the give the money to the Government ing democracies. It made me think of back to Mr. Fayyad, who, in taking that we are going to hold accountable. what our own country might have been these steps, has shown a great deal of I suggest the absence of a quorum. The PRESIDING OFFICER (Mr. like more than 200 years ago. We vis- courage. I am sure there are a good ALEXANDER). The clerk will call the ited with two men who were named number of people in the Palestinian roll. Prime Minister and Speaker of the territory who were skimming money The legislative clerk proceeded to Iraqi Parliament a week later. In Geor- off the top before who are not going to call the roll. gia, we saw the young government. be happy with him now. I am bringing Mrs. CLINTON. Mr. President, I ask Many of them were educated here in this up today because it has to do with unanimous consent that the order for the United States as students. When we a vote we are about to take here in the the quorum call be rescinded. went to Ukraine, we met Mr. Senate. The PRESIDING OFFICER. Without Yuschenko and some of the students The bill before us, the supplemental objection, it is so ordered. who had been part of this revolution. appropriations bill, provides $200 mil- Mrs. CLINTON. Mr. President, my What we saw was very impressive, as lion of the President’s request for aid colleague from South Carolina, Sen- were those people we were introduced to the Palestinian territories. There is ator LINDSEY GRAHAM, and I come to to. another $150 million in the normal the floor this afternoon to speak about But from my way of thinking, there budgeting process. Unlike the House the necessity of expanding TRICARE was no one more impressive than the version of this supplemental appropria- for National Guard members and re- Finance Minister of the Palestinian tions bill, our version—the Senate servists. I especially thank Senator Authority, Salam Fayyad, who insti- version as it is coming to us—preserves GRAHAM for his hard work and advo- tuted a number of reforms to fight cor- the President’s waiver authority that cacy on behalf of this legislation. ruption and bring transparency to the would allow him to designate a portion Almost 2 years ago exactly, in the finances of that Authority. of those funds as he sees fit by the use spring of 2003, Senator GRAHAM and I This remarkable individual was born of the Palestinian Authority. I believe joined at the Reserve Officers Associa- Palestinian, and his family fled the that policy—the Senate policy—is the tion building to announce the first West Bank for Jordan in 1968. He stud- right policy. In other words, our policy version of this legislation. In the inter- ied at the American University in Bei- would permit our President, President vening years, we have made a great rut. He later received a Ph.D. in eco- Bush, to decide that Mr. Fayyad and deal of progress in expanding access to nomics from the University of Texas at the government of the Palestinian Au- TRICARE, the military health pro- Austin. He worked for the Federal Re- thority could properly spend this gram. But we agree there is still a long serve in St. Louis and the Inter- money. Some people are saying they way to go. national Monetary Fund in Wash- stole money over there before. Yes We recently discovered our proposed ington, DC. He became the IMF rep- they did. Yasser Arafat is dead and legislation to ensure that National resentative to the Palestinian Author- buried. It is time to make a new start. Guard and Reserve members have ac- ity and moved to Jerusalem in 1995. The Finance Minister has made great cess to the military health program Then, in 2002, he was named Finance strides to ensure that funds are pub- known as TRICARE does not have a Minister of the Palestinian Authority. licly accountable. We will be able to cost this year, so it was not appro- What is remarkable is that all of us keep track of where our taxpayer priate for us to attempt to attach this either know or suspect that when money goes. The Palestinian Authority to the supplemental appropriations bill Arafat was in power, there was gross needs some money. There is no poorer that is currently on the floor. But we corruption with the moneys that came part of the world than the Gaza Strip. are extremely hopeful we will be able into Palestine. Mr. Fayyad has done Someone has to provide security in the to include legislation in this year’s De- the following things: He centralized Gaza Strip. We look to the Palestinian partment of Defense authorization bill. control of the Palestinian Authority’s Authority to do that if the Israelis pull Because Senator GRAHAM and I serve finances. Previously, agencies had col- out. Someone has to provide a social on the Armed Services Committee, we lected the money and kept it. That services safety net for these poor peo- have heard firsthand, as have many of meant, for example, that education was ple so they are not tempted to join my colleagues, about the extraordinary

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3629 strain being placed on our Guard and do; this is part of our military readi- identification or affiliation or their po- Reserve Forces. We are well aware that ness necessity. litical background when they went off a major part of our military success in The legislation addresses these crit- to serve our Nation. Iraq and Afghanistan has been because ical issues. I am very grateful for Sen- The least we can do as a body is of the role played by reservists and ator GRAHAM’s leadership and the sup- stand behind them and their families Guard members who heeded the call to port of so many in this body. He and I to provide a benefit they need. serve their country—for some, not will be working with Chairman WAR- We had a hearing yesterday, to build once, not twice, but three times in Iraq NER and Ranking Member LEVIN and upon what Senator CLINTON said. We and/or Afghanistan. the rest of the Armed Services Com- had the chief of the Army, Air Force, Since September 11, our reservists mittee to get our TRICARE legislation Marine Corps, Reserve components, and National Guard members have authorized in this year’s Department of and the Naval Reserve, and we talked been called upon with increasing fre- Defense authorization bill. about the stress on the force in terms quency. From homeland security mis- Finally, I know there are questions of the Reserve community. We have sions where they were absolutely es- of cost that obviously have to be ad- 175,000 people today who have experi- sential in New York after 9/11, National dressed. I don’t think you can put a enced duty in this war from the Guard Guard men and women patrolled and price on the military service these men and Reserve. Forty percent of the peo- guarded our subways, the Amtrak lines and women have given our country. ple in Iraq and Afghanistan are guards- in Penn Station, other places of impor- When I was in Iraq a couple of weeks men and reservists. We could not fight tance. We have seen in so many other ago, I was struck by how many men I without them. instances where they were called to saw with white hair. I think I was sur- This is the biggest utilization of the duty here in our own homeland. We prised there were so many people in Guard and Reserve since World War II. also know they have paid the ultimate their fifties, late fifties, who had been The skill set they bring to the fight is sacrifice, losing their lives in serving called back to active duty, members of indispensable. There are civil affairs the missions they were called to fulfill the Individual Readiness Reserve. The people helping Afghan and Iraqi offi- in Iraq and Afghanistan or being griev- men I spoke with had flown combat cials set up a democracy. We have med- ously wounded and returning home, missions in Vietnam. There they were ical personnel and many others who having given their all to our country. again, having left their families, left are indispensable. The military police In New York we have over 30,000 their employment, their homes, and are predominantly guardsmen and re- members of the Guard and Reserves, doing their duty in Baghdad or servists, and they are indispensable in and over 4,000 are currently deployed in Fallujah or Kirkuk and so many other Iraq and Afghanistan. They have done support of Operation Iraqi Freedom. places of danger. a terrific job. When I have visited with our activated We have an all-volunteer military. The reason we are involved in this reservists and National Guard in New That all-volunteer military has to be legislation and we have so much bipar- York, I have been greatly impressed by given not only the respect it so de- tisan support for what we are trying to their willingness and even eagerness, in serves but the support and the re- do is the Guard and Reserve is the only some cases, to serve. But I have also sources it has earned. group of part-time Federal employees— heard about the strains they face, that I am hopeful we will have unanimous and as a guardsman or reservist, you their families have borne, that their support in the Armed Services Com- work for the Federal Government. You businesses have endured. It is abun- mittee to add this legislation, that we also work for the State government, dantly clear we are having some dif- will have support from the administra- but you have a dual status. Reservists ficulty in recruitment and retention of tion and, in an overwhelming vote in are part of the Federal military, the the Guard and Reserve because of the both Houses of Congress, not give lip- DOD. They are the only group in the extraordinary stresses being placed on service and rhetorical pats on the back whole Federal Government that is not these very dedicated individuals. Now to our Guard and Reserve members but eligible for some form of health care more than ever, we need to address the show them in a tangible way that we from the Federal Government. needs of our Guard and Reserve mem- appreciate and respect their service A temporary employee in your office bers. The general of the Army Re- and we understand the strains they are or my office, somebody working in a serves, General Helmly, has expressed living under and often their families temporary capacity, is able to sign up concern about whether we are going to are suffering under. One small way to for Federal health care benefits that be able to meet our needs for the Re- show our appreciation as a nation is to we enjoy. They have to pay a premium. serve component. make sure once and for all they and A part-time worker is able to sign up The legislation Senator GRAHAM and their families have access to health for Federal health care benefits. The I have been working on for 2 years is care. only group that works part time and bipartisan. It is not a party issue. It is It is a great pleasure to be working doesn’t get any benefits is the Guard a core American issue. Our TRICARE with Senator GRAHAM, and I look for- and Reserve. The one thing we found legislation allows Guard and Reserve ward to successfully ensuring that this from the hearing is that is a mistake. members the option of enrolling full legislation is once and for all enacted, At least 10 percent of the people being time in TRICARE, getting the family first in the Armed Services Committee called to active duty from the Guard health insurance coverage that is of- and then on the floor of the Senate. and Reserve are unable to be deployed fered to active-duty military per- I yield the floor. because of health care problems. About sonnel. The change would offer health The PRESIDING OFFICER. The Sen- 30 percent of the people in the Guard care stability to families who lose cov- ator from South Carolina. and Reserve have no private health erage under their employers’ plans Mr. GRAHAM. Mr. President, I will care insurance. So from a ratings point when a family member is called to ac- take up where my colleague left off. of view, about 10 percent of the force is tive duty. In fact, one of the most Before she leaves the floor, I acknowl- taken out of the fight without a shot shocking statistics was that about 25 edge what a pleasure it has been to being fired. That makes no readiness percent of our active-duty Guard and work with her and other members of sense. The health care network for the Reserve had some medical problems, the Democratic Party and the Repub- Guard and Reserve today is not doing but the numbers were particularly high lican Party to do something for our the job in terms of making the force fit for the Guard and Reserve because so Guard and Reserve Forces. She has and ready to serve. many of these—primarily but not ex- outlined very well what we are trying When a person is deployed from the clusively—young people either had jobs to do. It shows what can happen when Guard and Reserve, they leave behind a which didn’t offer health insurance or the body will come together on an family more times than not. Half of the worked for themselves and could not issue that should never divide us. people going into the fight from the afford health insurance. So when they Whether you are Republican or Demo- Guard and Reserve suffer a pay reduc- were activated and reported, they were crat or independent, this war affects us tion, having no continuity of health not medically ready to be deployed. all. No one asked the young men and care or predictability of what the bene- This is not simply the right thing to women fighting the war their party fits will be in a continuous fashion.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3630 CONGRESSIONAL RECORD — SENATE April 14, 2005 How long you will be gone and when program to be offered to the entire The last fact I will leave with you is you are coming home matters in terms force. this: We talked to the Reserve com- of recruiting and retention. Sixty-eight Here is what we did last year. I will mander yesterday about the utilization percent of the Army Reserve’s goal is end on this note. The body reached a of the Air Reserves. Fifty percent of being met in recruiting. The Guard and compromise last year. Last year, we the people flying airplanes in terms of Active Forces are suffering in recruit- came up with a program that for every transport into the theater of operation ing because this war has taken a toll. person in the Guard and Reserve who and servicing the theater of operation The more attractive the benefit pack- was mobilized for 90 days or more, from with a C–130 are Reserve or Guard age is, the more we can appreciate the September 11, 2001, forward to today, crews. I have been to Iraq 3 times now, service, the more likely we are to get for every 90 days they served on active and I have flown about 16 or 17 flights the good people and recruit patriotic duty, they would get a year of on a C–130 from Kuwait into Iraq and Americans. TRICARE for themselves and their Afghanistan. Every crew except one What this legislation is designed to families. That program goes into effect has been a Reserve or Guard crew. do is fill in that gap and solve the prob- April 26 of this year, a few days from There is a rule in the military that a lem that faces the Guard and Reserve now. I have the brochure called Guard or Reserve member cannot be families, and that is lack of health TRICARE Reserve Select. About a deployed involuntarily for more than care. Every Reserve component chief third of the force would be eligible. It 24 months. That rule has served the says that when they talk to the troops, will cover the Selective Reserve, drill- force well because it takes stress off the one thing that means the most to ing reservists. That is one change we the force, it keeps people gainfully em- them, on top of every other request, is made. ployed because if you are gone all the continuity of health care. So we are I am still in the Reserves, but I am in time, it is hard to keep a civilian job. an inactive status. I do my duty over proposing a benefit for the Guard and So we put a cap of 24 months of invol- at Bolling Air Force Base. I am not Reserve that they will have to pay for, untary service into the theater of oper- subject to deployment, so I will not be but we will allow, for the first time, ations, into the war zone. Guard and Reserve members to sign up included. The bill we are designing cov- What astonished me was that two- for TRICARE, the military health care ers people subject to being deployed thirds of the pilots and the aircrews in and being sent to the site. The com- system, like their Active-Duty coun- the Guard and Reserve have already promise of last year will allow a year terparts have, with one major dif- reached that mark. Two-thirds of those of TRICARE for every 90 days you are ference: they will have to pay a pre- who serve in the Guard and Reserve mium, unless they are called to active being called to active duty. There are thousands of reservists have already met their 2-year involun- duty, similar to what we pay as Fed- who will be eligible for this program, tary commitment. eral employees. One fact that keeps this war afloat is I believe that is a fair compromise. It and this brochure called TRICARE Re- serve Select will be available to your that they are volunteering to go back. will allow uninsured guardsmen and re- unit, and you need to inquire as to Legally we cannot make them go back, servists to have health care at an af- whether you and your family would be but they are volunteering to keep fly- fordable price. It will allow people who eligible to join TRICARE because of ing. And God bless them because two- have uneven health care in the private your 90-day-plus deployment. The goal thirds of 50 percent statutorily do not sector to get constant health care. We this year is to build upon what we did have to go to this fight. They choose to will have a system where people, when last year by offering the program to go to this fight. This benefit package is they are called to active duty, will the entire drilling force. a recognition of that commitment. have the same set of doctors and hos- The other two-thirds of the Select I am very optimistic—to all those pitals that service the family as when Reserves who are subject to being de- Guard and Reserve families who may they are in the Guard and Reserve sta- ployed, who drill and prepare for com- be listening today—that help is on the tus. We think it desperately will help bat-related duties so that when they way, that this body is going to rise to recruiting and retention and readiness, get called, if they do, they will be the occasion, and we are going to im- and it will make people ready for the ready to go to the fight, it will be a prove your health care benefits because fight. benefit for their families that I think you earned it. We have worked on the costs. We are most Americans would be glad to pro- I yield the floor. looking at cutting the cost of the provide. The PRESIDING OFFICER. The Sen- gram in half by requiring a slightly So we have a program in place for ator from West Virginia. higher premium from the force and of- those who have been called to active AMENDMENT NO. 430 fering TRICARE standard versus duty for 90 days or more since Sep- Mr. BYRD. Mr. President, in every TRICARE prime. I believe it fiscally tember 11, 2001. It goes into effect in a year since 1951, Congress has included a makes sense but still achieves the goal week. It will make you and your family provision in the General Government of the original legislation of providing eligible for TRICARE a year for every Appropriations Act which states the continuity of health care. 90 days you serve. So if you serve a following: The reason we are not offering the year in Iraq, you get 4 years. The goal No part of any appropriation contained in amendment on the supplemental is this year is expanded to total drilling this or in any other act shall be used for pub- that because of the cost saving we have Selected Reserve force. We cut the pro- licity or propaganda purposes within the achieved in redesigning the program, gram in half by increasing the benefit United States not heretofore authorized by there is no cost to be incurred in 2005. payment required of the Guard and Re- Congress. We are working in a bipartisan manner serve member and reshaping the ben- I am quoting from section 624 of Pub- with the chairman of the Armed Serv- efit package. I think it is more afford- lic Law 108–447. ices Committee to go ahead and offer a able than ever, but the cost of having This is the law of the land, and yet full-time military health care benefit 10 percent of the force unable to go to despite the law, the Congress and the to guardsmen and reservists that they the fight is financially and militarily American people continue to hear can sign up for, to give them con- very large. The cost of lack of con- about propaganda efforts by executive tinuity of care at a fair premium. It is tinuity of health care for Guard and branch agencies. On more than one oc- a good deal for all concerned. The rea- Reserve families is emotionally dev- casion, this administration has pro- son we are doing this is obvious: We are astating. vided tax dollars to well-known con- utilizing the Guard and Reserve in a With about two-tenths of 1 percent of servative talk show hosts to promote historic fashion. If we don’t change the the military budget, we can fix this its agenda. One was paid a hefty fee to benefit structure, we are going to drive problem and reward Americans who are promote the No Child Left Behind Act. the men and women away from want- doing a great job for their country. The Another talk show host was paid to ing to serve. After a while, it gets to be likelihood of the Guard and Reserve promote the administration’s welfare too onerous. I hope we will be able to being involved in a deep and serious and family policies. produce a product in committee in the way in the war on terror is probably If those examples are not bad enough, authorization bill that will allow this unlimited. in an effort to blur the line between

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3631 independent media and administration called President Bush ‘‘the best envoy approved a public notice that directs— propaganda, some agencies have pro- in the world.’’ that directs, hear me—that directs tel- duced prepackaged news stories de- I am not here to argue whether evision broadcasters to disclose to signed to be indistinguishable from George W. Bush is America’s best viewers the origin of video news re- news stories produced by free market envoy to the world, but I would rather leases produced by the Government or news outlets. leave that discussion to independent corporations when the material runs According to the Government Ac- analysts, not to administration em- on the public airwaves. The Commis- countability Office, the GAO, which is ployees or on-the-payroll journalists sion acknowledged the critical role an arm of the Congress, in an opinion pushing the White House line. that broadcast licensees and cable op- dated February 17, 2005, the adminis- Yes, the administration should ex- erators play in providing information tration has violated the prohibition on plain its ideas and positions to the to the audiences they serve. This infor- publicity and propaganda. In a memo- American people. No one argues that mation is an important component of a randum sent to executive branch agen- fact. Educating the public about issues well-functioning democracy. Along cies, the GAO stated: affecting their lives is an essential role with this role comes a responsibility, During the past year, we found that several of the Government. But the adminis- the responsibility that licensees and prepackaged news stories produced and dis- tration should not engage in a blatant operators make the sponsorship an- tributed by certain Government agencies manipulation of the news media. Leave nouncements required by the foregoing violated this provision. the work of manipulation to the Rush rule and obtain the information from So very simply, according to the Limbaughs of the world. Keep the job all pertinent individuals necessary for GAO, the administration broke the of Government focused on the people. them to do so. The public notice goes law. The GAO specifically cited the Of- Manufacturing propaganda is a blatant on to stress that the Commission may fice of National Drug Control Policy misuse of taxpayer dollars, and it is impose sanctions, including fines, in- and the Department of Health and your money, your money, Mr. and Mrs. cluding imprisonment, for failure to Human Services for violating the Taxpayer. comply with the ruling. You better antipropaganda law. But these are not The administration has disputed watch out. So the FCC, by a unanimous the only agencies pretending to be a GAO’s views. The administration takes vote, I say, made clear, crystal clear, credible news outlet. the view that it is OK to mask the as clear as the noonday Sun in a cloud- On March 13, 2005, the New York source as long as the ads are ‘‘purely less sky, what their rules are. They Times wrote about the administra- informational.’’ made clear to the broadcasters what tion’s approach in an article entitled The White House Office of Manage- their rules are. ‘‘Under Bush a New Age of Pre- ment and Budget, with the support of Now Congress should make clear packaged TV News.’’ the Justice Department, went so far as what the rules are for Federal agencies. I ask unanimous consent that the en- to issue a memorandum to agency Just yesterday, the Federal Commu- tire article be printed in the RECORD heads dated March 11, 2005, specifically nications Commission, on a unanimous following my remarks. contradicting the conclusions of the vote, 4 to 0, approved this public no- The PRESIDING OFFICER. Without Government Accountability Office. The tice, I am saying it again, that directs objection, it is so ordered. Justice Department concluded that the television broadcasters to disclose to (See exhibit 1.) Government Accountability Office’s: viewers the origin of video news re- Mr. BYRD. The Times article . . . conclusion fails to recognize the dis- leases produced by the Government or spotlighted three new segments that tinction between covert propaganda and corporations—I will say this a third each looked the same as any other 90- purely informational Video News Reports, time—when the material runs on the second segment on the local news. But which do not constitute propaganda within public airwaves. these are not new. The Federal Govern- the common meaning of the term and there- So this is a warning. We, in the Con- ment produced all three of these. The fore are not subject to the appropriations re- gress, ought to do our best in support striction. Times told of a news segment produced of the ruling and to enforce it. by the State Department featuring a If paying national columnists and Let me say now that my amendment jubilant Iraqi American telling a news talk show hosts, faking news segments, prevents any agency from using tax- crew in Kansas City: ‘‘Thank you, hiring actors to pretend to be reporters payer dollars to produce or distribute Bush. Thank you, USA.’’ ‘‘do not constitute propaganda,’’ what prepackaged news stories intended to The Department of Homeland Secu- does? What does constitute propa- be viewed, intended to be heard, in- rity apparently produced a so-called ganda? It is time for the administra- tended to be read, which do not clearly news report on the creation of the tion to back off. identify the so-called news was created Transportation Security Administra- We, the American people, trust the by a Federal agency or funded with tion. The reporter called the establish- media to provide us with independent taxpayer dollars. That is plain common ment of TSA ‘‘one of the most remark- sources of information, not biased news sense. able campaigns in aviation history.’’ stories produced by the administration I urge Senators to back the law that But what the American people, the at the taxpayers’ expense. It is time for we, Congress, have passed each year viewers, did not know was that the so- the White House to be upfront with the since 1951: called reporter was actually a public American people: no propaganda, no No part of any appropriation contained in relations professional working under a manipulation of the press. The admin- this or any other Act shall be used for pub- false name for the Transportation Se- istration should tell the people its posi- licity or propaganda purposes within the curity Administration. How about tion on issues, yes, but should do so United States not heretofore authorized by that? honorably and without such deliberate Congress. A third segment broadcast in Janu- manipulation of the free press. Propa- Back it up. My amendment simply ary was based on a news report pro- ganda efforts such as these are not the makes it clear, I say again, that Con- duced by the Department of Agri- stuff for a Republic such as ours. The gress does mean what Congress says. I culture. The Agriculture Department American people must be able to rely urge adoption of the amendment. I will apparently employs two full-time peo- on the independence of the news media. yield the floor, but I want to send my ple to act—listen now—to act as re- The constitutionally guaranteed free- amendment to the desk. porters. They travel the country and dom of the press is not for sale. The EXHIBIT 1 create their own so-called news, dis- country must know that reporters— [From the New York Times, Mar. 13, 2005] tributing their work via satellite and real reporters—are presenting facts UNDER BUSH, A NEW AGE OF PREPACKAGED TV mail, always pushing the White House honestly, presenting facts fairly, pre- NEWS line. senting facts without bias. Democracy (By David Barstow and Robin Stein) What are things coming to? should not be built on deception. It is the kind of TV news coverage every In the January report, these U.S. De- Just yesterday, the Federal Commu- president covets. partment of Agriculture employees, nications Commission, on a unanimous ‘‘Thank you, Bush. Thank you, U.S.A.,’’ a claiming to be independent journalists, vote—on a unanimous vote of 4 to 0— jubilant Iraqi-American told a camera crew

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3632 CONGRESSIONAL RECORD — SENATE April 14, 2005 in Kansas City for a segment about reaction a world where government-produced reports So in a recent segment produced by the to the fall of Baghdad. A second report told disappear into a maze of satellite trans- Agriculture Department, the agency’s nar- of ‘‘another success’’ in the Bush administra- missions, Web portals, syndicated news pro- rator ended the report by saying ‘‘In Prin- tion’s ‘‘drive to strengthen aviation secu- grams and network feeds, only to emerge cess Anne, Maryland, I’m Pat O’Leary re- rity’’; the reporter called it ‘‘one of the most cleansed on the other side as ‘‘independent’’ porting for the U.S. Department of Agri- remarkable campaigns in aviation history.’’ journalism. culture.’’ Yet AgDay, a syndicated farm A third segment, broadcast in January, de- It is also a world where all participants news program that is shown on some 160 sta- scribed the administration’s determination benefit. tions, simply introduced the segment as to open markets for American farmers. Local affiliates are spared the expense of being by ‘‘AgDay’s Pat O’Leary.’’ The final To a viewer, each report looked like any digging up original material. Public rela- sentence was then trimmed to ‘‘In Princess other 90-second segment on the local news. tions firms secure government contracts Anne, Maryland, I’m Pat O’Leary report- In fact, the federal government produced all worth millions of dollars. The major net- ing.’’ three. The report from Kansas City was works, which help distribute the releases, Brian Conrady, executive producer of made by the State Department. The ‘‘re- collect fees from the government agencies AgDay, defended the changes. ‘‘We can clip porter’’ covering airport safety was actually that produce segments and the affiliates that ‘Department of Agriculture’ at our choos- a public relations professional working show them. The administration, meanwhile, ing,’’ he said. ‘‘The material we get from the under a false name for the Transportation gets out an unfiltered message, delivered in U.S.D.A., if we choose to air it and how we Security Administration. The farming seg- the guise of traditional reporting. choose to air it is our choice.’’ The practice, which also occurred in the ment was done by the Agriculture Depart- SPREADING THE WORD: GOVERNMENT EFFORTS Clinton administration, is continuing de- ment’s office of communications. AND ONE WOMAN’S ROLE spite President Bush’s recent call for a clear- Under the Bush administration, the federal Karen Ryan cringes at the phrase ‘‘covert government has aggressively used a well-es- er demarcation between journalism and government publicity efforts. ‘‘There needs to be propaganda.’’ These are words for dictators tablished tool of public relations: the pre- and spies, and yet they have attached them- packaged, ready-to-serve news report that a nice independent relationship between the White House and the press,’’ Mr. Bush told selves to her like a pair of handcuffs. major corporations have long distributed to Not long ago, Ms. Ryan was a much TV stations to pitch everything from head- reporters in January, explaining why his administration would no longer pay pundits to sought-after ‘‘reporter’’ for news segments ache remedies to auto insurance. In all, at support his policies. produced by the federal government. A jour- least 20 federal agencies, including the De- In interviews, though, press officers for nalist at ABC and PBS who became a public fense Department and the Census Bureau, several federal agencies said the president’s relations consultant, Ms. Ryan worked on have made and distributed hundreds of tele- prohibition did not apply to government- about a dozen reports for seven federal agen- vision news segments in the past four years, made television news segments, also known cies in 2003 and early 2004. Her segments for records and interviews show. Many were sub- as video news releases. They described the the Department of Health and Human Serv- sequently broadcast on local stations across segments as factual, politically neutral and ices and the Office of National Drug Control the country without any acknowledgement useful to viewers. They insisted that there Policy were a subject of the accountability of the government’s role in their production. was no similarity to the case of Armstrong office’s recent inquiries. This winter, Washington has been roiled by Williams, a conservative columnist who pro- The G.A.O. concluded that the two agen- revelations that a handful of columnists moted the administration’s chief education cies ‘‘designed and executed’’ their segments wrote in support of administration policies initiative, the No Child Left Behind Act, ‘‘to be indistinguishable from news stories without disclosing they had accepted pay- without disclosing $240,000 in payments from produced by private sector television news ments from the government. But the admin- the Education Department. organizations.’’ A significant part of that istration’s efforts to generate positive news What is more, these officials argued, it is execution, the office found, was Ms. Ryan’s coverage have been considerably more perva- the responsibility of television news direc- expert narration, including her typical sign- sive than previously known. At the same tors to inform viewers that a segment about off—‘‘In Washington, I’m Karen Ryan report- time, records and interviews suggest wide- the government was in fact written by the ing’’—delivered in a tone and cadence famil- spread complicity or negligence by television government. ‘‘Talk to the television stations iar to television reporters everywhere. stations, given industry ethics standards that ran it without attribution,’’ said Wil- Last March, when The New York Times that discourage the broadcast of pre- liam A. Pierce, spokesman for the Depart- first described her role in a segment about packaged news segments from any outside ment of Health and Human Services. ‘‘This is new prescription drug benefits for Medicare group without revealing the source. not our problem. We can’t be held respon- patients, reaction was harsh. In Cleveland, Federal agencies are forthright with broad- sible for their actions.’’ The Plain Dealer ran an editorial under the casters about the origin of the news seg- Yet in three separate opinions in the past headline ‘‘Karen Ryan, You’re a Phony,’’ and ments they distribute. The reports them- year, the Government Accountability Office, she was the object of late-night jokes by Jon selves, though, are designed to fit seamlessly an investigative arm of Congress that stud- Stewart and received hate mail. into the typical local news broadcast. In ies the federal government and its expendi- ‘‘I’m like the Marlboro man,’’ she said in a most cases, the ‘‘reporters’’ are careful not tures, has held that government made news recent interview. to state in the segment that they work for segments may constitute improper ‘‘covert In fact, Ms. Ryan was a bit player who the government. Their reports generally propaganda’’ even if their origin is made made less than $5,000 for her work on govern- avoid overt ideological appeals. Instead, the clear to the television stations. The point, ment reports. She was also playing an ac- government’s news-making apparatus has the office said, is whether viewers know the cepted role in a lucrative art form, the video produced a quiet drumbeat of broadcasts de- origin. Last month, in its most recent find- news release. ‘‘I just don’t feel I did anything scribing a vigilant and compassionate ad- ing, the G.A.O. said federal agencies may not wrong,’’ she said. ‘‘I just did what everyone ministration. produce prepackaged news reports ‘‘that con- else in the industry was doing.’’ Some reports were produced to support the ceal or do not clearly identify for the tele- It is a sizable industry. One of its largest administration’s most cherished policy ob- vision viewing audience that the agency was players, Medialink Worldwide Inc., has about jectives, like regime change in Iraq or Medi- the source of those materials.’’ 200 employees, with offices in New York and care reform. Others focused on less promi- It is not certain, though, whether the of- London. It produces and distributes about nent matters, like the administration’s ef- fice’s pronouncements will have much prac- 1,000 video news releases a year, most com- forts to offer free after-school tutoring, its tical effect. Although a few federal agencies missioned by major corporations. The Public campaign to curb childhood obesity, its ini- have stopped making television news seg- Relations Society of America even gives an tiatives to preserve forests and wetlands, its ments, others continue. And on Friday, the award, the Bronze Anvil, for the year’s best plans to fight computer viruses, even its at- Justice Department and the Office of Man- video news release. tempts to fight holiday drunken driving. agement and Budget circulated a memo- Several major television networks play They often feature ‘‘interviews’’ with senior randum instructing all executive branch crucial intermediary roles in the business. administration officials in which questions agencies to ignore the G.A.O. findings. The Fox, for example, has an arrangement with are scripted and answers rehearsed. Critics, memorandum said the G.A.O. failed to dis- Medialink to distribute video news releases though, are excluded, as are any hints of tinguish between covert propaganda and to 130 affiliates through its video feed serv- mismanagement, waste or controversy. ‘‘purely informational’’ news segments made ice, Fox News Edge. CNN distributes releases Some of the segments were broadcast in by the government. Such informational seg- to 750 stations in the United States and Can- some of nation’s largest television markets, ments are legal, the memorandum said, ada through a similar feed service, CNN including New York, Los Angeles, Chicago, whether or not an agency’s role in producing Newsource. Associated Press Television Dallas and Atlanta. them is disclosed to viewers. News does the same thing worldwide with its An examination of government-produced Even if agencies do disclose their role, Global Video Wire. news reports offers a look inside a world those efforts can easily be undone in a broad- ‘‘We look at them and determine whether where the traditional lines between public caster’s editing room. Some news organiza- we want them to be on the feed,’’ David M. relations and journalism have become tan- tions, for example, simply identify the gov- Winstrom, director of Fox News Edge, said of gled, where local anchors introduce pre- ernment’s ‘‘reporter’’ as one of their own and video news releases. ‘‘If got one that said to- packaged segments with ‘‘suggested’’ lead- then edit out any phrase suggesting the seg- bacco cures cancer or something like that, I ins written by public relations experts. It is ment was not of their making. would kill it.’’

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3633 In essence, video news releases seek to ex- vorable report’’ about a controversial pro- tion, most reacted with indignation. Their ploit a growing vulnerability of television gram. stations, they insisted, would never allow news: Even as news staffs at the major net- And yet this news segment, like several their news programs to be co-opted by seg- works are shrinking, many local stations are others narrated by Ms. Ryan, reached an au- ments fed from any outside party, let alone expanding their hours of news coverage with- dience of millions. According to the account- the government. out adding reporters. ability office, at least 40 stations ran some ‘‘They’re inherently one-sided, and they ‘‘No TV news organization has the re- part of the Medicare report. Video news re- don’t offer the possibility for follow-up ques- sources in labor, time or funds to cover every leases distributed by the Office of National tions—or any questions at all,’’ said Kathy worthy story,’’ one video news release com- Drug Control Policy, including one narrated Lehmann Francis, until recently the news pany, TVA Productions, said in a sales pitch by Ms. Ryan, were shown on 300 stations and director at WDRB, the Fox affiliate in Louis- to potential clients, adding that ‘‘90 percent reached 22 million households. According to ville, Ky. of TV newsrooms now rely on video news re- Video Monitoring Services of America, a Yet records from Video Monitoring Serv- leases.’’ company that tracks news programs in ices of America indicate that WDRB has Federal agencies have been commissioning major cities, Ms. Ryan’s segments on behalf broadcast at least seven Karen Ryan seg- video news releases since at least the first of the government were broadcast a total of ments, including one for the government, Clinton administration. An increasing num- at least 64 times in the 40 largest television without disclosing their origin to viewers. ber of state agencies are producing television markets. Mike Stutz, news director at KGTV, the news reports, too; the Texas Parks and Wild- Even these measures, though, do not fully ABC affiliate in San Diego, was equally op- life Department alone has produced some 500 capture the reach of her work. Consider the posed to putting government news segments video news releases since 1993. case of News 10 Now, a cable station in Syra- on the air. Under the Bush administration, federal cuse owned by Time Warner. In February ‘‘It amounts to propaganda, doesn’t it?’’ he agencies appear to be producing more re- 2004, days after the government distributed said. leases, and on a broader array of topics. its Medicare segment, News 10 Now broad- Again, though, records from Video Moni- A definitive accounting is nearly impos- cast a virtually identical report, including toring Services of America show that from sible. There is no comprehensive archive of the suggested anchor lead-in. The News 10 2001 to 2004 KGTV ran at least one govern- local television news reports, as there is in Now segment, however, was not narrated by ment-made segment featuring Ms. Ryan, 5 print journalism, so there is no easy way to Ms. Ryan. Instead, the station edited out the others featuring her work on behalf of cor- determine what has been broadcast, and original narration and had one of its report- porations, and 19 produced by corporations when and where. ers repeat the script almost word for word. and other outside organizations. It does not Still, several large agencies, including the The station’s news director, Sean McNa- appear that KGTV viewers were told the ori- Defense Department, the State Department mara, wrote in an e-mail message, ‘‘Our pol- gin of these 25 segments. ‘‘I thought we were pretty solid,’’ Mr. and the Department of Health and Human icy on provided video is to clearly identify Stutz said, adding that they intend to take Services, acknowledge expanded efforts to the source of that video.’’ In the case of the more precautions. produce news segments. Many members of Medicare report, he said, the station believed Confronted with such evidence, most news Mr. Bush’s first-term cabinet appeared in it was produced and distributed by a major directors were at a loss to explain how the such segments. network and did not know that it had origi- segments made it on the air. Some said they A recent study by Congressional Demo- nally come from the government. were unable to find archive tapes that would crats offers another rough indicator: the Ms. Ryan said she was surprised by the help answer the qustion. Others promised to Bush administration spent $254 million in its number of stations willing to run her govern- look into it, then stopped returning tele- first term on public relations contracts, ment segments without any editing or ac- phone messages. A few removed the seg- nearly double what the last Clinton adminis- knowledgement of origin. As proud as she ments from their Web sites, promised greater tration spent. says she is of her work, she did not hesitate, vigilance in the future or pleaded ignorance. Karen Ryan was part of this push—a ‘‘paid even for a second, when asked if she would shill for the Bush administration,’’ as she have broadcast one of her government re- AFGHANISTAN TO MEMPHIS: AN AGENCY’S self-mockingly puts it. It is, she acknowl- ports if she were a local news director. REPORT ENDS UP ON THE AIR edges, an uncomfortable title. ‘‘Absolutely not.’’ On Sept. 11, 2002, WHBQ, the Fox affiliate Ms. Ryan, 48, describes herself as not espe- in Memphis, marked the anniversary of the LITTLE OVERSIGHT: TV’S CODE OF ETHICS, WITH cially political, and certainly no Bush die- 9/11 attacks with an uplifting report on how UNCERTAIN WEIGHT hard. She had hoped for a long career in jour- assistance from the United States was help- nalism. But over time, she said, she grew dis- ‘‘Clearly disclose the origin of information ing to liberate the women of Afghanistan. mayed by what she saw as the decline of tel- and label all material provided by out- Tish Clark, a reporter for WHBQ, described evision news—too many cut corners, too siders.’’ how Afghan women, once barred from many ratings stunts. Those words are from the code of ethics of schools and jobs, were at last emerging from In the end, she said, the jump to video the Radio-Television News Directors Asso- their burkas, taking up jobs as seamstresses news releases from journalism was not as far ciation, the main professional society for and bakers, sending daughters off to new as one might expect. ‘‘It’s almost the same broadcast news directors in the United schools, receiving decent medical care for thing,’’ she said. States. Some stations go further, all but for- the first time and even participating in a There are differences, though. When she bidding the use of any outside material, es- fledgling democracy. Her segment included went to interview Tommy G. Thompson, pecially entire reports. And spurred by em- an interview with an Afghan teacher who re- then the health and human services sec- barrassing publicity last year about Karen counted how the Taliban only allowed boys retary, about the new Medicare drug benefit, Ryan, the news directors association is close to attend school. An Afghan doctor described it was not the usual reporter-source ex- to proposing a stricter rule, said its execu- how the Taliban refused to let male physi- change. First, she said, he already knew the tive director, Barbara Cochran. cians treat women. questions, and she was there mostly to help Whether a stricter ethics code will have In short, Ms. Clark’s report seemed to cor- him give better, snappier answers. And sec- much effect is unclear; it is not hard to find roborate, however modestly, a central argu- ond, she said, everyone involved is aware of broadcasters who are not adhering to the ex- ment of the Bush foreign policy, that force- a segment’s potential political benefits. isting code, and the association has no en- ful American intervention abroad was Her Medicare report, for example, was dis- forcement powers. spreading freedom, improving lives and win- tributed in January 2004, not long before Mr. The Federal Communications Commission ning friends. Bush hit the campaign trail and cited the does, but it has never disciplined a station What the people of Memphis were not told, drug benefit as one of his major accomplish- for showing government-made news seg- though, was that the interviews used by ments. ments without disclosing their origin, a WHBQ were actually conducted by State De- The script suggested that local anchors spokesman said. partment contractors. The contractors also lead into the report with this line: ‘‘In De- Could it? Several lawyers experienced with selected the quotes used from those inter- cember, President Bush signed into law the F.C.C. rules say yes. They point to a 2000 de- views and shot the video that went with the first-ever prescription drug benefit for people cision by the agency, which stated, ‘‘Lis- narration. They also wrote the narration, with Medicare.’’ In the segment, Mr. Bush is teners and viewers are entitled to know by much of which Ms. Clark repeated with only shown signing the legislation as Ms. Ryan whom they are being persuaded.’’ minor changes. describes the new benefits and reports that In interviews, more than a dozen station As it happens, the viewers of WHBQ were ‘‘all people with Medicare will be able to get news directors endorsed this view without not the only ones in the dark. coverage that will lower their prescription hesitation. Several expressed disdain for the Ms. Clark, now Tish Clark Dunning, said in drug spending.’’ prepackaged segments they received daily an interview that she, too, had no idea the The segment made no mention of the many from government agencies, corporations and report originated at the State Department. critics who decry the law as an expensive special interest groups who wanted to use ‘‘If that’s true, I’m very shocked that anyone gift to the pharmaceutical industry. The their airtime and credibility to sell or influ- would false report on anything like that,’’ G.A.O. found that the segment was ‘‘not ence. she said. strictly factual,’’ that it contained ‘‘notable But when told that their stations showed How a television reporter in Memphis un- omissions’’ and that it amounted to ‘‘a fa- government-made reports without attribu- wittingly came to narrate a segment by the

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3634 CONGRESSIONAL RECORD — SENATE April 14, 2005 State Department reveals much about the potential for confusion. Indeed, in response ported, ‘‘He called Bush the best envoy in extent to which government-produced news to questions from The Times, Associated the world.’’ accounts have seeped into the broader news Press Television News acknowledged that WCIA, based in Champaign, has run 26 seg- media landscape. they might have distributed at least one segments made by the Agriculture Department The explanation begins inside the White ment about Afghanistan to the major United over the past three months alone. Or put an- House, where the president’s communica- States networks without identifying it as other way, WCIA has run 26 reports that did tions advisers devised a strategy after Sept. the product of the State Department. A not cost it anything to produce. 11, 2001, to encourage supportive news cov- spokesman said it could have ‘‘slipped Mr. Gee, the news director, readily ac- erage of the fight against terrorism. The through our net because of a sourcing error.’’ idea, they explained to reporters at the time, Kenneth W. Jobe, vice president for news knowledges that these accounts are not ex- was to counter charges of American impe- at WHBQ in Memphis, said he could not exactly independent, tough-minded journalism. rialism by generating accounts that empha- plain how his station came to broadcast the But, he added: ‘‘We don’t think they’re prop- sized American efforts to liberate and re- State Department’s segment on Afghan aganda. They meet our journalistic stand- build Afghanistan and Iraq. women. ‘‘It’s the same piece, there’s no mis- ards. They’re informative. They’re bal- An important instrument of this strategy taking it,’’ he said in an interview, insisting anced.’’ was the Office of Broadcasting Services, a that it would not happen again. More than a year ago, WCIA asked the Ag- State Department unit of 30 or so editors and Mr. Jobe, who was not with WHBQ in 2002, riculture Department to record a special technicians whose typical duties include dis- said the station’s script for the segment has sign-off that implies the segments are the tributing video from news conferences. But no notes explaining its origin. But Tish work of WCIA reporters. So, for example, in- in early 2002, with close editorial direction Clark Dunning said it was her impression at stead of closing his report with ‘‘I’m Bob from the White House, the unit began pro- the time that the Afghan segment was her Ellison, reporting for the U.S.D.A.,’’ Mr. ducing narrated feature reports, many of station’s version of one done first by net- Ellison says, ‘‘With the U.S.D.A., I’m Bob them promoting American achievements in work correspondents at either Fox News or Ellison, reporting for ‘The Morning Show.’ ’’ Afghanistan and Iraq and reinforcing the ad- CNN. It is not unusual, she said, for a local Mr. Gee said the customized sign-off helped ministration’s rationales for the invasions. station to take network reports and then raise ‘‘awareness of the name of our sta- These reports were then widely distributed give them a hometown look. tion.’’ Could it give viewers the idea that Mr. in the United States and around the world ‘‘I didn’t actually go to Afghanistan,’’ she Ellison is reporting on location with the for use by local television stations. In all, said. ‘‘I took that story and reworked it. I U.S.D.A. for WCIA? ‘‘We think viewers can the State Department has produced 59 such had to do some research on my own. I re- make up their own minds,’’ Mr. Gee said. segments. member looking on the Internet and finding United States law contains provisions in- out how it all started as far as women cov- Ms. Harrison, the Agriculture Department tended to prevent the domestic dissemina- ering their faces and everything.’’ press secretary, said the WCIA sign-off was tion of government propaganda. The 1948 At the State Department, Mr. Tappan said an exception. The general policy, she said, is Smith-Mundt Act, for example, allows Voice the broadcasting office is moving away from to make clear in each segment that the re- of America to broadcast progovernment news producing narrated feature segments. In- porter works for the department. In any to foreign audiences, but not at home. Yet stead, the department is increasingly sup- event, she added, she did not think there was State Department officials said that law plying only the ingredients for reports— much potential for viewer confusion. ‘‘It’s does not apply to the Office of Broadcasting sound bites and raw video. Since the shift, he pretty clear to me,’’ she said. Services. In any event, said Richard A. Bou- said, even more State Department material THE ‘GOOD NEWS’ PEOPLE: A MENU OF REPORTS cher, a State Department spokesman: ‘‘Our is making its way into news broadcasts. FROM MILITARY HOT SPOTS goal is to put out facts and the truth. We’re MEETING A NEED: RISING BUDGET PRESSURES, The Defense Department is working hard not a propaganda agency.’’ READY-TO-RUN SEGMENTS to produce and distribute its own news seg- Even so, as a senior department official, WCIA is a small station with a big job in ments for television audiences in the United Patricia Harrison, told Congress last year, central Illinois. the Bush administration has come to regard Each weekday, WCIA’s news department States. such ‘‘good news’’ segments as ‘‘powerful produces a three-hour morning program, a The Pentagon Channel, available only in- strategic tools’’ for influencing public opin- noon broadcast and three evening programs. side the Defense Department last year, is ion. And a review of the department’s seg- There are plans to add a 9 p.m. broadcast. now being offered to every cable and sat- ments reveals a body of work in sync with The staff, though, has been cut to 37 from 39. ellite operator in the United States. Army the political objectives set forth by the ‘‘We are doing more with the same,’’ said public affairs specialists, equipped with port- White House communications team after 9/ Jim P. Gee, the news director. able satellite transmitters, are roaming war 11. Farming is crucial in Mr. Gee’s market, zones in Afghanistan and Iraq, beaming news In June 2003, for example, the unit pro- yet with so many demands, he said, ‘‘It is reports, raw video and interviews to TV sta- duced a segment that depicted American ef- hard for us to justify having a reporter just tions in the United States. All a local news forts to distribute food and water to the peo- focusing on agriculture.’’ director has to do is log on to a military- ple of southern Iraq. ‘‘After living for dec- To fill the gap, WCIA turned to the Agri- financed Web site, www.dvidshub.net., ades in fear, they are now receiving assist- culture Department, which has assembled browse a menu of segments and request a ance—and building trust—with their coali- one of the most effective public relations op- free satellite feed. tion liberators,’’ the unidentified narrator erations inside the federal government. The Then there is the Army and Air Force concluded. department has a Broadcast Media and Tech- Several segments focused on the liberation Hometown News Service, a unit of 40 report- nology Center with an annual budget of $3.2 ers and producers set up to send local sta- of Afghan women, which a White House million that each year produces some 90 memo from January 2003 singled out as a tions news segments highlighting the accom- ‘‘mission messages’’ for local stations—most- plishments of military members. ‘‘prime example’’ of how ‘‘White House-led ly feature segments about the good works of ‘‘We’re the ‘good news’ people,’’ said Larry efforts could facilitate strategic, proactive the Agriculture Department. communications in the war on terror.’’ ‘‘I don’t want to use the word ‘filler,’ per W. Gilliam, the unit’s deputy director. Tracking precisely how a ‘‘good news’’ re- se, but they meet a need we have,’’ Mr. Gee Each year, the unit films thousands of sol- port on Afghanistan could have migrated to said. diers sending holiday greetings to their Memphis from the State Department is far The Agriculture Department’s two full- hometowns. Increasingly, the unit also pro- from easy. The State Department typically time reporters, Bob Ellison and Pat O’Leary, duces news reports that reach large audi- distributes its segments via satellite to travel the country filing reports, which are ences. The 50 stories it filed last year were international news organizations like Reu- vetted by the department’s office of commu- broadcast 236 times in all, reaching 41 mil- ters and Associated Press Television News, nications before they are distributed via sat- lion households in the United States. which in turn distribute them to the major ellite and mail. Alisa Harrison, who oversees The news service makes it easy for local United States networks, which then trans- the communications office, said Mr. Ellison stations to run its segments unedited. Re- mit them to local affiliates. and Mr. O’Leary provide unbiased, balanced ‘‘Once these products leave our hands, we porters, for example, are never identified by and accurate coverage. their military titles. ‘‘We know if we put a have no control,’’ Robert A. Tappan, the ‘‘They cover the secretary just like any State Department’s deputy assistant sec- rank on there they’re not going to put it on other reporter,’’ she said. their air,’’ Mr. Gilliam said. retary for public affairs, said in an interview. Invariably, though, their segments offer The department, he said, never intended its critic-free accounts of the department’s poli- Each account is also specially tailored for segments to be shown unedited and without cies and programs. In one report, Mr. Ellison local broadcast. A segment sent to a station attribution by local news programs. ‘‘We do told of the agency’s efforts to help Florida in Topeka, Kan., would include an interview our utmost to identify them as State Depart- clean up after several hurricanes. with a service member from there. If the ment-produced products.’’ ‘‘They’ve done a fantastic job,’’ a grateful same report is sent to Oklahoma City, the Representatives for the networks insist local official said in the segment. soldier is switched out for one from Okla- that government-produced reports are clear- More recently, Mr. Ellison reported that homa City. ‘‘We try to make the individual ly labeled when they are distributed to affili- Mike Johanns, the new agriculture sec- soldier a star in their hometown,’’ Mr. ates. Yet with segments bouncing from sat- retary, and the White House were deter- Gilliam said, adding that segments were dis- ellite to satellite, passing from one news or- mined to reopen Japan to American beef tributed only to towns and cities selected by ganization to another, it is easy to see the products. Of his new boss, Mr. Ellison re- the service members interviewed.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3635 Few stations acknowledge the military’s ministration’s script on prescription The PRESIDING OFFICER. The Sen- role in the segments. ‘‘Just tune in and drugs and the No Child Left Behind ator from Maryland. you’ll see a minute-and-a-half news piece education program. Even more re- Ms. MIKULSKI. Mr. President, I ask and it looks just like they went out and did cently, we have found out that a num- for the regular order with respect to the story,’’ Mr. Gilliam said. The unit, ber of actual real-life journalists have my amendment. though, makes no attempt to advance any The PRESIDING OFFICER. That particular political or policy agenda, he said. been secretly paid by the Bush admin- ‘‘We don’t editorialize at all,’’ he said. istration to promote its political agen- amendment is now pending. Yet sometimes the ‘‘good news’’ approach da. This is dangerous to our democ- CLOTURE MOTION carries political meaning, intended or not. racy. It’s an unethical misuse of tax- Ms. MIKULSKI. Mr. President, I send Such was the case after the Abu Ghraib pris- payer funds. a cloture motion to the desk. on scandal surfaced last spring. Although Senator LAUTENBERG and I have gen- The PRESIDING OFFICER. The clo- White House officials depicted the abuse of erated a series of investigations by the ture motion having been presented Iraqi detainees as the work of a few rogue Government Accountability Office crit- under rule XXII, the Chair directs the soldiers, the case raised serious questions ical of the Bush administration’s prop- clerk to read the motion. about the training of military police officers. aganda efforts. We have introduced leg- The assistant legislative clerk read A short while later, Mr. Gilliam’s unit disas follows: tributed a news segment, sent to 34 stations, islation, the Stop Government Propa- that examined the training of prison guards ganda Act, that the Byrd amendment CLOTURE MOTION at Fort Leonard Wood in Missouri, where complements. Our legislation, like the We, the undersigned Senators, in accord- some of the military police officers impli- Byrd amendment, specifically prevents ance with the provisions of rule XXII of the cated at Abu Ghraib had been trained. the administration—any administra- Standing Rules of the Senate, hereby move to bring to a close the debate on the Mikul- ‘‘One of the most important lessons they tion, Democratic or Republican—from learn is to treat prisoners strictly but fair- ski amendment No. 387 to H.R. 1268. paying actors to pose as legitimate B.A. Mikulski, J. Lieberman, J. Corzine, ly,’’ the reporter said in the segment, which journalists in order to push for a polit- depicted a regimen emphasizing respect for Jeff Bingaman, Byron Dorgan, Ron detainees. A trainer told the reporter that ical agenda. Wyden, Ken Salazar, Hillary Clinton, military police officers were taught to I urge my colleagues to support the Mark Pryor, Dick Durbin, Bill Nelson, ‘‘treat others as they would want to be treat- Byrd amendment. Congress cannot sit Chuck Schumer, Barack Obama, Frank ed.’’ The account made no mention of Abu still while the administration corrupts Lautenberg, Patrick Leahy, Debbie Ghraib or how the scandal had prompted the first amendment and freedom of Stabenow, Chris Dodd. changes in training at Fort Leonard Wood. the press. Ms. MIKULSKI. Mr. President, I un- According to Mr. Gilliam, the report was Mr. GREGG. Mr. President, I am in- derstand that negotiations are ongoing unrelated to any effort by the Defense De- trigued by the amendment of the Sen- on all of the immigration provisions. I partment to rebut suggestions of a broad ator from West Virginia. I do not be- am sorry I have to do this, and I will be command failure. lieve taxpayers should be funding prop- very glad to withdraw this cloture mo- ‘‘Are you saying that the Pentagon called aganda. I think it is totally inappro- tion if we are able to come to an under- down and said, ‘We need some good pub- standing. licity?’ ’’ he asked. ‘‘No, not at all.’’ priate, other than in an attempt to AMENDMENT NO. 430 The PRESIDING OFFICER. Without promote American policy overseas, for example, where we should be funding I now ask unanimous consent that objection, the pending amendment is the Senate resume consideration of the laid aside. The clerk will report the communication with other people around the Earth, as we do through Byrd amendment. amendment. The PRESIDING OFFICER (Mr. EN- The bill clerk read as follows: Radio Free America, Radio Liberty, and other radio stations that have been SIGN). Is there objection? The Senator from West Virginia [Mr. Without objection, it is so ordered. developed over the years for the pur- BYRD] for himself, Mrs. CLINTON, Mr. LAU- The Senator from Missouri. TENBERG, Mr. KERRY, Mr. WYDEN, Mr. DOR- poses of presenting the American posi- Mr. BOND. Mr. President, I appre- GAN, Mr. HARKIN, and Mr. KENNEDY, proposes tion in regions of the world where our ciate the comments raised by the Sen- an amendment numbered 430. access is limited. ator from New Hampshire. Mr. COCHRAN. I ask unanimous con- But here in the United States, clear- As chairman of the new Appropria- sent the reading of the amendment be ly, if the Government wishes to make a tions Subcommittee on Transpor- dispensed with. point, that should be disclosed. If tax- tation, Treasury, Judiciary, and HUD, I Mr. BYRD. I have no objection to payers’ dollars are being used to make understand this measure would fall that. a point, that should be disclosed. I within the general government provi- The PRESIDING OFFICER. Without agree with the basic concept of the sions of this bill. While I think all of us objection, it is so ordered. theme of the Senator’s amendment. So share concerns that have been ex- The amendment is as follows: I expect that this amendment must pressed by the distinguished Senator apply to National Public Radio. Na- from West Virginia, I urge my col- (Purpose: To prohibit the use of funds by any tional Public Radio, of course, receives Federal agency to produce a prepackaged leagues to oppose this amendment. We news story without including in such story a large amount of tax subsidy. It pre- appreciate what the Senator is trying a clear notification for the audience that sents views which one could argue are to do, but I don’t believe his amend- the story was prepared or funded by a Fed- propaganda, in many instances. If I ment provides the appropriate remedy eral agency) read this amendment correctly, I be- to the problems he has described. At the appropriate place, insert the fol- lieve, and I would hope the record Using Federal funds for the purpose lowing: would reflect, this amendment will of propaganda is already unlawful SEC. ll. None of the funds provided in apply to National Public Radio so that under section 1913 of title 18 of the this Act or any other Act may be used by a when they put out a newscast it will United States Code, and the govern- Federal agency to produce any prepackaged have to be announced that this news- mentwide general provisions title of news story unless the story includes a clear cast is put out at the expense of the the Transportation, Treasury Appro- notification to the audience that the story American taxpayer and that the Amer- was prepared or funded by that Federal agen- priations Act includes further restric- cy. ican taxpayer has paid for this report. tions from using appropriated funds for I yield the floor. propaganda. Mr. KENNEDY. Mr. President, I ap- The PRESIDING OFFICER. The Sen- Section 624 of the 2005 Transpor- plaud the Senator from West Virginia ator from Missouri. tation, Treasury Appropriations Act for his amendment. We have to put a Mr. BOND. Mr. President, I see my states: stop to all of the taxpayer-financed colleague from Maryland is also seek- No part of any appropriations contained in propaganda put out by our government ing the floor. We both have important this or any other Act shall be used for pub- to influence the American people. meetings at 3 o’clock. I wondered how licity or propaganda purposes within the Over the last year, we have found out long the Senator from Maryland will United States not heretofore authorized by that the Bush administration has used take? the Congress. taxpayer funds to finance ‘‘fake news Ms. MIKULSKI. Less than a minute. The distinction between educating reports’’ by actors posing as reporters, Mr. BOND. I am happy to yield to my the public about an issue and advo- not actual journalists, who read the ad- colleague from Maryland. cating a policy is not always obvious.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3636 CONGRESSIONAL RECORD — SENATE April 14, 2005 If the Senator’s amendment better de- Surgeon General’s Osteoporosis and important. It is offered at an impor- fined appropriate communications by Bone Health Report; educating the tant time, and it is offered during a pe- Federal agencies from publicity or public health officials on how to recog- riod when we have seen so many exam- propaganda, I would join with the Sen- nize anthrax; CDC in post 9/11, edu- ples of fake news, or propaganda, to use ator in support. The Senator’s amend- cating the public on CDC’s capabilities; another word. ment, however, does not add any clar- healthy baby news releases, which I I don’t think this is partisan. I think ity to the murky waters of advocacy have been very interested in. The it would apply to a Republican or and does not make the line between Health Resource Services Administra- Democratic administration. education and advocacy any brighter, tion put out a video news release edu- The question is, Should the Federal and in fact may have some untoward cating parents and parents-to-be on the Government be involved in propa- consequences that I feel are sufficient health care of their newborns. ganda? Should we be observant of fake to kill the amendment. There have been efforts to educate news and do nothing about it? The uniform practice of the Federal women of childbearing age about the The Senator from West Virginia of- Government is and has been to provide absolute necessity of including 400 fers an amendment that is filled with full disclosure that video news releases micrograms of the appropriate vita- common sense. Let me describe a fake or other matters are prepared or fund- mins in their diets to prevent tooth de- news program. A report narrated by a ed by a Federal agency. The sponsoring fects. woman who speaks in glowing terms Government agency identifies itself at The CDC has educated public and about an administration’s plan and the beginning of a video news release. health communities about the proper concludes by saying: ‘‘In Washington, Just as newspaper reporters and edi- use of antibiotics and the potential this is Karen Ryan reporting.’’ tors parse through their press releases problems of overuse of antibiotics. The Department of Health and issued by Federal agencies, television The IRS has produced VNRs on two Human Services spent $44,000 in tax- news rooms make editorial and content topics: how to file electronically, and payer dollars on this type of propa- decisions about how to use video news the earned income tax credit. The goal ganda. Is this what we want to pass for releases. It is, in fact, an editorial deci- was to generate coverage of the e-filing news? sion of the broadcast station to air or to help Americans understand quali- I have talked often in the Senate on not to air the agency identification. fications for claiming the EITC. a subject very important to me, the The Senator’s amendment, however, These news releases were produced by concentration of broadcasting in this would begin the practice of allowing an advertising agency, and pitched in country. Fewer and fewer people own- the Federal Government to make edi- the media outlets by our IRS media ing more and more broadcast prop- torial decisions and dictating broad- specialists who provided full disclosure erties, controlling what people see, cast content of news reports. to the media outlets if they were from hear, and think by what is presented to Alternatively, it would require that the IRS. them. As more and more companies are any use of material supplied by the This amendment goes further, how- bought, they hollow out the news- Federal Government must be disclosed ever, and says the entity using this in- rooms, get rid of the newsroom staff, in a manner that I believe would have formation must include a clear notice and just have a shell left. Then they a chilling impact on the freedom of that it was prepared or funded by a are interested in filling that shell with speech and on the freedom of press. Federal agency. That is a requirement cheap media feeds. Such mandate on the broadcast media on not only broadcasters but on news- If you read the discussion about what may in fact be unconstitutional. papers, which I think steps over the has prompted these television stations If this amendment were adopted, it line. to run these prepackaged fake news may have the unintended consequence As the distinguished Senator from items, they are looking for fillers for a of reducing the use of this important West Virginia pointed out, the FCC news script because they got rid of tool, thereby undermining the ability yesterday unanimously clarified the their news people. So this, now, passes of the Federal Government to meet its rules applying to broadcasters, saying as news when, in fact, it is fake news. obligation to inform the public of im- they must disclose to the viewer the In my judgment, it ought to be la- portant information. origin of video news releases, though beled exactly what it is. That is what I believe the impact would be felt in the agency does not specify what form the Senator is offering with respect to rural areas, especially as broadcasters that disclosure must take. this amendment. This is not an amend- in small and medium markets rely on Commissioner Adelstein, a Democrat, ment that is in any way radical. It is video news releases more than their said: an amendment that is filled with com- big-city colleagues. mon sense. We have a responsibility to tell broad- If we go back and look at the history, casters that they have to let people know A few minutes ago my colleague who we see that video news releases have where the material is coming from. Viewers talked about Public Broadcasting or been used by Government agencies would think it was a real news story when it National Public Radio was clever and since the beginning of video. The USDA might be from government or a big corpora- funny—and good for him—but this has produced some of the first footage of tion trying to influence how they think. This nothing to do with the issue at hand. the Wright brothers’ early flight tests would be put them in a better position to de- Winning debates that we are not hav- in the early 1919s, as well as the highly cide for themselves what to make of it. ing is hardly a blue ribbon activity in acclaimed Dust Bowl documentary, The FCC has already acted in this this Chamber. This debate is not about ‘‘The Plow That Broke the Plains,’’ area. National Public Radio or anything of 1935. I am very much concerned that the the sort. It is about the specific subject In the 1980s, to respond to a changing amendment proposed by the distin- that my colleague from West Virginia broadcast environment, USDA estab- guished Senator from West Virginia brings to the Senate. lished a weekly satellite feed of mate- would go even further in attempting to The subject, incidentally, has more rial for news and farm broadcasters. dictate by congressional action what tentacles attached to it. We learned in This included ready-to-air feature sto- should be reported, not only in video or January a syndicated columnist, Arm- ries, sometimes called video news re- electronic news stories but in print strong Williams, had been paid a quar- leases. The information includes where media stories as well. That is objec- ter of a million dollars, actually there are signups for commodity or dis- tionable. That would cause many prob- $240,000, to promote the No Child Left aster programs; promoting producer lems for media of all types. Behind Program on his television show participation in county committee I urge my colleagues to oppose this and to urge other African-American elections; new farming practices or amendment. journalists to do the same. That con- technologies; or important crop reports I yield the floor. tract was not disclosed to the public. It and surveys. The PRESIDING OFFICER. The Sen- was taxpayers’ dollars offered to a From the Department of Health and ator from North Dakota. journalist, commentator, television Human Services, there has been a long Mr. DORGAN. I rise in support of the personality, and we only learned about list of video news releases such as the Byrd amendment. This amendment is it because USA Today obtained the

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3637 document through a Freedom of Infor- sel’s office that is still spending time, even though, according to the mation request. money. rules, I am a freshman or just above a That, incidentally, was part of a $1 We ought to shut off that money. I freshman, maybe a sophomore—I don’t million deal with the Ketchum public will offer an amendment to do that, think so—but whenever Senator ROB- relations firm which was contracted to telling that independent counsel the ERT C. BYRD speaks, it is always worth produce video news releases designed to money dries up on June 1. Finish your listening. And I find more often than appear like real news reports. report and leave town—at least if your not it is very much worth following the So there is more to do on this issue home is elsewhere—but finish up the idea that the Senator from West Vir- than just the Byrd amendment. That is report and get off the public payroll ginia puts forward. why I say this amendment is modest in after 10 years, 4 years after the subject So I am pleased to support the Byrd itself. It is not, as some would suggest, in question received a Presidential par- amendment on propaganda. It is an a big deal. It is a modest amendment don, 6 years after the subject in ques- issue that has disturbed me over time that addresses a problem in a very spe- tion pled guilty in court. and something I have worked on. The cific way. We really do have more to do Some things need addressing on an Byrd amendment is an important step dealing with some of the other tenta- urgent basis. This one does. I under- toward preventing the Government cles—the hiring of public relations stand it, too, will not be, perhaps, ger- from delivering messages that are, if I firms to the tune of tens of millions of mane to this bill, but it is one that I can call them, kind of incognito. They dollars. hope every Senator would understand are hidden from identifying as to what We found out in late January the De- we ought to shut down. they really are. It is a step toward ac- partment of Health and Human Serv- With that, I appreciate the amend- complishing a goal that is not clearly ices paid $21,500 to another syndicated ment offered by Senator BYRD. I am defined as being presented as a neutral columnist to advocate a $300 million pleased to come over in support of that observer. So we want to stop the spread Presidential proposal encouraging mar- amendment this afternoon. of covert Government propaganda. riage. That contract was not disclosed The PRESIDING OFFICER. The Sen- By the way, I want it to be under- either. ator from West Virginia. stood that this is not brand new. This The list goes on. Fake news. We dis- Mr. BYRD. I thank the very distin- is not something that has only hap- covered a while back the White House guished Senator for his support and for pened since this administration took had allowed a fake journalist, using a his statement. It is a very pertinent over; it happened in years past. fake name, to get a daily clearance to statement. In the FCC Public Notice I was asked the question at a hearing come into the Presidential news con- 05–84, dated April 13, 2005, on page 2, it this morning: Well, then why didn’t we ference and daily news briefings and to says: talk about it in years past? Because ask questions. Another part of fake This Public Notice is confined to the dis- there has been a proliferation of these news, I guess, a different tentacle and a closure obligations required under Section things. As a consequence, I think for different description. 317 and our rules thereunder, and does not all parties but particularly for the The Byrd amendment is simple on its address the recent controversy over when or American people, it is a good idea to face. The question is, Do we want fake whether the government is permitted to use this opportunity to clear up the sponsor VNRs, which is an issue beyond the news being produced with taxpayers’ Commission’s jurisdiction. situation. dollars with no disclosure at all; that it As a result of a request I made with My amendment is simple and clear. is, in fact, propaganda, not news? Senator KENNEDY, the Government Ac- Here is what it says: I support the Byrd amendment. I countability Office ruled that fake tel- hope we will address other parts of this None of the funds provided in this Act or evision news stories, produced by the any other Act may be used by a Federal administration, or produced, period, issue at some future time. This amend- agency to produce any prepackaged news ment is modest enough, and my hope is story unless the story includes a clear notifi- were illegal propaganda. The fake news to engage a majority of the Senate to cation to the audience that the story was accounts that were produced, known as be supportive of it. prepared or funded by that Federal agency. ‘‘prepackaged news stories,’’ featured a While I have the floor, I might indi- Mr. President, it does not create con- report by Karen Ryan. The news story cate a second time that I intend to fusion, as a Senator said a moment extolled the benefits of the new Medi- offer an amendment that would cease ago. It creates clarity. care law and ended with a statement: or discontinue funding for the inde- Mr. BYRD. Mr. President, I yield the This is Karen Ryan, reporting from Wash- pendent counsel who is still active, an floor. ington. independent counsel who was The PRESIDING OFFICER. The Sen- But Karen Ryan is not a reporter. impaneled to investigate the payment ator from Mississippi. She is a public relations consultant of money to a mistress by a former Mr. COCHRAN. Mr. President, I no- working for a firm hired by the Gov- Cabinet official, Mr. Cisneros. That tice that the distinguished Senator ernment. So it is designed to fool peo- independent counsel has spent now $21 from New Jersey is on the floor. He is ple into believing that this news re- million over 10 years. The particular a cosponsor of this amendment. I as- porter had come on to something really Cabinet official admitted the indiscre- sume he is here to talk on the amend- great and wanted to add her view of the tion. He pled guilty in Federal court ment. I was going to try to bring the efficacy of the program. and he since left office and has since discussion to a close so we could vote Now, that fake news story made its been pardoned by a President in 2001. on the amendment or vote in relation way onto local news shows on 40 tele- Yet the independent counsel inves- to the amendment, but I am happy to vision stations across the country. tigating this is still investigating it, withhold because I do not want to cut Once again, people thought they were still spending money. off anyone who wants to talk on this watching news. Americans watched The most recent report showed this subject. Karen Ryan’s report and thought they independent counsel spent $1.26 million Mr. LAUTENBERG. Mr. President, I were hearing the real deal, but what in Federal funds over the previous 6 am not sure I heard precisely what the they were watching was Government- months, which brings it to $21 million manager was asking. I would help bring produced propaganda. by an independent counsel’s office that this to a close by giving my remarks Think about that for a second. Our was launched nearly 10 years ago to in- very quickly. I appreciate the oppor- Government is sending out news re- vestigate a Cabinet official who left tunity and thank the Senator from ports to television stations across the the Government very soon thereafter, Mississippi. country by satellite. Many of these who then pled guilty, who then was The PRESIDING OFFICER. The Sen- news stations had no way of knowing pardoned. In 1995, the independent ator from New Jersey. that the reports were Government counsel was named. That was 10 years Mr. LAUTENBERG. Mr. President, I propaganda. News stations across the ago. In 1999, the Cabinet official pled salute my colleague and friend, the country have run Government news guilty. In 2001, 4 years ago, the Cabinet Senator from West Virginia. Senator stories without realizing what they official was given a Presidential par- BYRD is someone I greatly respect and had. This is not aimed at the broad- don. Yet we have an independent coun- admire. I have now been here a long casters; it is aimed at clarifying the

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3638 CONGRESSIONAL RECORD — SENATE April 14, 2005 fact that we do not think the Govern- that be the product of the United ish. Congress must act and must act ment should be doing this. The stations States Government when talking to now. The companies I have heard from that had this story and did not realize the people across the country. are proud of the work their staffs have it was not fresh news included a sta- I hope we will be able to pass this. I done under these circumstances. Yet tion in Memphis, TN, WHBQ; KGTV in commend the Senator from West Vir- they believe their businesses and their San Diego; WDRB in Louisville, KY. ginia for offering it. I hope our col- personnel will suffer if they are not The list goes on and on about pro- leagues will support it. able to employ seasonal foreign work- ducers who were fooled by the fact that I yield the floor. ers again this year. Many foresee a dev- they were getting a propaganda piece Mr. BYRD. Mr. President, I thank astating effect on their businesses if and did not recognize that it was not the distinguished Senator from New they are not able to bring in foreign news. Jersey for his comments and support. I workers soon. If the news stations did not know the thank him profusely. I have also heard from Vermont busi- story was produced by the Govern- The PRESIDING OFFICER. The Sen- nesses that they had to lay off or not ment, how would the viewer ever know ator from Vermont. hire American workers because they that? How would a family, let’s say, in Mr. JEFFORDS. Mr. President, I ask could not find enough employees to Covington, TN, watching WHBQ, know unanimous consent to speak on the round out their crews. Without having that Karen Ryan, the person in this pending Mikulski amendment. the sufficient number of workers to case, is not a reporter? How would they Mr. COCHRAN. Reserving the right complete projects, they could not hire know the news story they just watched to object—I, of course, will not object— or maintain their year-round staff. was concocted to sell something, actu- it is my hope that we can continue to They also could not bid on projects and ally Government propaganda? The re- deal with the Byrd amendment and dis- many had to scale back their oper- ality is, they would not know. pose of the Byrd amendment. Then the ations. In these instances, the lack of We had a situation of similar char- Senator can talk about the Mikulski seasonal workers had a detrimental ef- acter with a reporter named Armstrong amendment or any other amendment fect on our economy and on the em- Williams. Mr. Williams had a program, he wants to talk about. ployment of American workers. a news program, and he was paid a cou- I do not have an objection. As many may know, I strongly be- ple hundred thousand dollars, as I re- The PRESIDING OFFICER. Without lieve American workers must be given member the number, to take this story objection, it is so ordered. the opportunity to fill jobs and that and talk about it as news when, in fact, AMENDMENT NO. 387 this Nation’s strength is in its own it was a paid-for story designed to de- Mr. JEFFORDS. Mr. President, I workforce. However, the companies ceive, very frankly. So we have seen it. would like to take a moment to talk that have contacted me did their ut- The GAO said that this practice is about the amendment offered by the most to find Americans for positions not only wrong but illegal. The GAO Senator from Maryland. As a cosponsor available. Efforts to find American said the fake news stories were illegal of that amendment, I rise in support of workers included working closely with because they did not disclose the fact this amendment to the supplemental the State of Vermont’s Employment that the Government was behind it. appropriations bill. and Training Office, increasing wages GAO is right. We cannot allow covert The Save Our Small and Seasonal and benefits, and implementing aggres- propaganda to be done by our Govern- Business Act, on which this amend- sive, year-round recruiting. ment, continued by a practice that has ment is based, is very important to my We are lucky in Vermont to count been condemned by GAO. State of Vermont. This amendment tourism among our chief industries, The Byrd amendment will give Fed- will ensure the seasonal businesses in and we have our beautiful rural land- eral agencies clear direction on this our country have the workers they scape to thank for the visitors who issue. It is a simple proposition: The need to support their company, our flock to our small State each year. Government needs to disclose its role. I local economics, and to help the U.S. While many Vermont businesses were do not think that is a lot to ask; other- economy flourish. Action on this crit- able to survive last year, thanks to wise, every ad that goes on the air has ical issue is long overdue. that old Yankee ingenuity, I am not a disclosure on it. It identifies the In March of last year, the United optimistic about this year. It is imper- product, uses a trademark, all kinds of States Citizenship and Immigration ative we immediately address this things. But they make sure people Services announced they had received problem in order to prevent further know it is being done for a mission. enough petitions to meet the cap on harm to this Nation’s small businesses For whatever reason, the administra- the H–2B visas. As a result, they and the economy. tion has refused to go along with the stopped accepting petitions for these I urge my colleagues to support this GAO ruling. They have said so: Yes, we temporary work visas halfway through amendment by Senator MIKULSKI. know it. But so what? The Office of the Federal fiscal year. This announce- I yield the floor. Management and Budget recently sent ment was a shock to many businesses AMENDMENT NO. 430 out a memo saying that agencies could throughout the country that depend on The PRESIDING OFFICER. The as- continue to produce fake news stories foreign workers to fill their temporary sistant Democratic leader. and hide the Government’s role. and seasonal positions. Mr. DURBIN. Mr. President, I rise in That is their opinion, but I don’t Tourism is the largest sector of support of the Byrd-Lautenberg amend- agree with it. Certainly, the Byrd Vermont’s economy and, as a result, ment. I would like to say a few words. amendment challenges that view. We many Vermont businesses hire sea- I know we may be moving close to a need to be straight with the American sonal staff during their summer, win- vote, and the chairman of the com- people. When we are running ads, it has ter, or fall seasons. Last year, I heard mittee has been patiently awaiting to say, ad run by the United States from many Vermont businesses that that possibility. Government. We need to reject covert were unable to employ foreign workers Tonight you are going to turn on government propaganda. We can do it for their summer and fall seasons be- your nightly news and try to get some today with this amendment. The Byrd cause the cap had been reached. Not information. People do it all the time. amendment will make the rules on this only was this unexpected, but many of You expect when you turn on your tele- matter crystal clear. I hope we can get the individuals were people who had vision and turn on a newscast, the in- the support to do this, to say to the been returning to the same employer formation being given to you is objec- American people, when you see a piece year after year. These employers lost tive, at least as objective as people can of news, don’t let it be biased by Gov- essential staff and, in many cases, well- make it. It isn’t a paid advertisement; ernment ads that pay for it. Why would trained, experienced employees. it is the news. If you are running a paid the Government pay for it? Once again, While I am proud to say that advertisement, you would know it. It when an ad is run, it is to sell someone Vermont businesses have risen to this would have laundry detergent on it or a bill of goods. That doesn’t mean it is challenge with hard work and cre- some new pharmaceutical drug or a po- a bad piece of goods, but it is designed ativity in the past, the need for these litical ad with a disclaimer at the bot- to sell something. We ought not let workers has not, and will not, dimin- tom.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3639 When you turn on your newscast, you separate report, the GAO found that So what Senator BYRD said is simple. don’t expect to get hit by an ad that the Centers for Medicare and Medicaid If you want to put out something as a doesn’t look like an ad. That is what Services violated publicity and propa- Federal Government agency, trust the the Byrd amendment is all about. The ganda prohibition by sending out more American people. Tell them who you General Accounting Office took a look fake news stories about the benefits of are. Let them decide whether it is at some of the ads that were being sent the new prescription drug law for sen- worth believing. Don’t pull the wool out by the Bush administration for iors. I was on the Senate floor when over their eyes. America is entitled to their policies and programs and said that was debated. There are pros and hear both sides of the story. We are en- they went too far. They didn’t identify cons—people who are against it and titled to know what is fact, what is fic- the videos they were sending to these who are for it. There are two sides to tion, what is basically news, and what television stations were actually pro- the story. Here came the official Gov- is opinion. I think we can trust the duced by the Bush administration, by ernment press release suggesting: Here American people to make that judg- these agencies, to promote a particular are the facts for you, Mr. and Mrs. ment. If Members of the Senate cannot point of view. They basically said these America. It turns out they didn’t iden- trust the American people to make a ads deceived the American people. tify that that official news release judgment, how do they submit their They were propaganda from the Gov- came from an agency of the Bush ad- own names for election? That is what ernment. ministration. we do regularly in an election year. I They used phony reporters, phony We decided a long time ago you trust their judgment. I trust Senator news stories, and they told the viewers couldn’t do that. If you were going to BYRD’s amendment. certain things they hoped they would put that kind of information up to try I yield the floor. believe. It turns out they were deceiv- to convince the American people, one The PRESIDING OFFICER. The Sen- ing the American people. way or the other, you have an obliga- Remember the case of Armstrong ator from Mississippi is recognized. Mr. COCHRAN. Mr. President, I ap- tion to tell them so. The basic rule in Williams? Interesting fellow. He was this country is people want to hear hired by the Federal Department of preciate very much the Senator from both sides of the story, then make up Education to promote the new No Child West Virginia offering the amendment their own minds. They want to know Left Behind law on his nationally syn- and bringing this issue to the attention what is a fact and what is an opinion. dicated television show and urged of the Senate and making the sugges- Make up your own mind. You can’t do other journalists to do the same. We tion that is included in this amend- it when there is a deception involved. paid him taxpayer dollars of $240,000 to ment, which would ‘‘prohibit the use of It is that deception that Senator go on his talk show and say nice things funds by any Federal agency to BYRD is addressing. The Byrd amend- about the Bush administration’s No produce a prepackaged news story ment is so brief and to the point, it is Child Left Behind law. Well, is that without including in such a story noti- worth repeating: fair? Is that where you want to spend fication for the audience that the story None of the funds provided in this Act or your tax dollars? Would it not have was prepared or funded by a Federal any other Act may be used by a Federal been worth a few bucks to put the agency.’’ agency to produce any prepackaged news money into the classroom for children, That is what the amendment says story unless the story includes a clear notifi- instead of putting on contract this man the purpose is, and that looks totally cation to the audience that the story was OK to me—harmless, no reason we prepared or funded by that Federal agency. who never disclosed his conflict of interest and went about talking on his should not support it. Then if you read That is pretty simple. Tell us who syndicated TV show as if he were an down in the body of the amendment prepared it. If it was prepared at tax- objective judge? He was so embarrassed itself as to what it actually would pro- payer expense by the Senate, it should by this that the Department stopped vide in law, it says: disclose that. If it was prepared by an paying him and he issued something of None of the funds provided in this act or agency of the Bush administration, dis- an apology. The fact is, he used our any other act may be used by a Federal close it. Then the American people de- Federal taxpayer dollars as an incen- agency to produce any prepackaged news cide. They watch the show. They say: tive to promote a point of view and story, unless the story includes a clear noti- That is a pretty interesting point of fication to the audience that the story was didn’t tell the American people, deceiv- prepared or funded by that Federal agency. view. That happens to be what the offi- ing them in the process. cial Government point of view is. I The Social Security Administration This creates a new obligation—not wonder what the other side of the story has gone through the same thing when one that is enforced now by the FCC, is. it comes to the President’s privatiza- not one that is embraced by Members You have a right to ask that question plan. They will be producing these of Congress or Senators when they send tion. But what if it wasn’t disclosed? fake news stories and video press re- news releases out to news organiza- What if what you thought was a news leases that mislead people about the tions about their activities or their story turned out to be an ad, propa- nature of the challenge of the problem. views on a subject, it includes an obli- ganda? That is a deception. It is a de- I have an example. One of the things gation on anyone sending such a news ception Senator BYRD is trying to end. that went out in the Social Security story or statement or video release to We sent the General Accounting Of- Administration’s phony news story was communicate to the audience—the per- fice out and we said: Take a look at the following statement: ‘‘In 2041, the son looking at the television show or two or three Government agencies in Social Security trust funds will be ex- listening to the radio or reading the the Bush administration. See how they hausted.’’ That was put out as an offi- newspaper—that it is prepared by a are using these videotapes. According cial Government statement—not iden- Federal agency, or it uses funds to pre- to the GAO, the Office of National tified but sent out. It turns out it is pare it that are given to a Federal Drug Control Policy violated the pub- not true. In 2041, the Social Security agency. It creates a new requirement, licity and propaganda prohibition in trust fund will not be exhausted. If we one that is almost impossible to meet. our law when it produced and distrib- don’t touch the Social Security trust Think about it. When we send a news uted fake news stories called video fund, it will make every single pay- release to a newspaper back home, we news releases as part of its National ment to every single retiree, every sin- don’t send it to all of the readers or Youth Anti-Drug Media Campaign. gle month of every single year until subscribers of that newspaper. We send There is nothing wrong with fighting 2041. Then if we do nothing to change it it to the newspaper, the address, the drugs. after 36 years, it will continue to pay name of the newspaper in the town We want to protect our children from up to 75 to 80 percent. The trust fund is where it does business. So that is the that possibility. We want to end the not going to be exhausted. That is a defect in the amendment. That is why scourge of drug abuse in America. But misstatement put out by this adminis- Senator BOND, speaking as chairman of be honest about it. If it is a Govern- tration without identifying the fact the subcommittee that has jurisdiction ment-produced program, then identify that they are trying to promote a point over the funding and the laws under it. That is all Senators BYRD and LAU- of view which, sadly, is not correct and the jurisdiction of the subcommittee TENBERG say in their amendment. In a not honest. that would be involved and affected by

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3640 CONGRESSIONAL RECORD — SENATE April 14, 2005 this, spoke against the amendment. was trying to see whether there was lengthy newspaper article disclosing That is why the Senate should not some language that could be changed that an independent counsel who had adopt the amendment. so this amendment would be accept- been appointed 10 years ago in 1995, a We all agree you need to include a able. I have an amendment I had pre- Mr. David Barrett, was still in business disclaimer. We have to do that and we viously announced I would like to and was involved in an investigation do that. Federal agencies do that. We offer. It is an amendment dealing with that has now cost the American tax- cannot make the news editor or the the independent counsel expenditure of payers $21 million. producer of the news show include the $21 million. I twice before mentioned That was an investigation dealing disclaimer in the broadcast though. this. with a Cabinet Secretary who was al- Nor should we be held responsible per- I ask the Senator from Mississippi leged to have lied, I believe, to the FBI, sonally or criticized if that news agen- whether it would be appropriate at this to authorities, about a payment he cy didn’t disclaim or print or announce point to offer an amendment. My un- gave to a mistress. So an independent where they got the news story. That is derstanding is we would have to set counsel was impaneled and began in- an entirely different obligation and one aside the Byrd amendment to do so. I vestigating that charge. that the FCC will enforce now and that ask the chairman and also Senator That independent counsel has been we all support. BYRD whether that is possible at this working for some 10 years, in fact. But So what I am suggesting is that these moment. the Cabinet officer who was the subject are great speeches. This is a good polit- Mr. COCHRAN. Mr. President, I have of the investigation pled guilty in 1999. ical issue—to accuse the administra- no objection. That was 6 years ago. That Cabinet of- tion of trying to fool the American Mr. BYRD. Mr. President, I have no ficer was also subsequently pardoned in people by creating the impression that objection. We can reach an under- the year 2001. some of their news stories that are pro- standing if I am unable to come up In the most recent 6-month report, duced for the news media are produced with language that is capable of being the independent counsel who was ap- by them and not the radio station or a workable and effective compromise pointed for investigating this trans- the television station or the newspaper that we might go ahead and have a gression is still in business, and had that published it or broadcasted it. vote on the Byrd amendment. Might we spent $1.26 million in just that period. That is nothing new. But it is not up to have a time limit on the Senator’s pro- And the costs are trending upward, 10 the agency or the person who writes posal? years after he started, 6 years after the the story to communicate it to the au- Mr. DORGAN. I will be mercifully subject pled guilty, and 4 years after dience. brief. This is not an amendment that the subject was pardoned. It is unbe- That is the problem. We cannot sup- will take a long time to explain, and I lievable. port it. So it would be my intention to do not intend to delay the proceedings I do not know anything about the move to table the amendment because of the Senate at all. case. I do not really know the Cabinet official in question. I guess I met him of that—not because it is not moti- AMENDMENT NO. 399 vated by the right reasons or doesn’t some years ago. But this is not about Mr. DORGAN. Mr. President, with that official any longer. He has pled carry with it the sentiment that is ap- that in mind and with the cooperation propriate. Of course, it does. But the guilty, been pardoned, and here we are of the Senator from Mississippi, the years later with an independent coun- wording of the amendment itself—not chairman of the committee, and my just the purpose of the amendment—is sel’s office still spending money. colleague Senator BYRD, as well, I offer I quote Judge Stanley Sporkin, the defective in that it imposes an obliga- an amendment on behalf of myself and presiding judge over Mr. Cisneros’ tion that should not be imposed on Senator DURBIN has asked to be a co- trial: Federal agencies, the Government, or sponsor as well. I send the amendment individual Members of Congress. The problem with this case is that it took to the desk and ask for its immediate too long to develop and much too long to I am hopeful that—and I am sure the consideration. bring to judgment day . . . [the matter] Senator from West Virginia will, if he The PRESIDING OFFICER. Without should have been resolved a long time ago, can—the Senator will modify his objection, the pending amendment is perhaps even years ago. amendment so it can be accepted. But set aside. That was a quote from 1999. It is now if that cannot be done, I am prepared The clerk will report. 2005. The independent counsel is still to move to table the amendment. I will The legislative clerk read as follows: spending money. not do that and cut off the right of any The Senator from North Dakota [Mr. DOR- David Barrett, the independent coun- other person to talk about the subject. GAN], for himself and Mr. DURBIN, proposes sel, said in 1999: The PRESIDING OFFICER. The Sen- an amendment numbered 399. We are just glad to have this over and done ator from West Virginia is recognized. Mr. DORGAN. Mr. President, I ask with. That was following the plea agreement Mr. BYRD. Mr. President, I thank unanimous consent that the reading of of Mr. Cisneros. Here it is 6 years later and the distinguished Senator for his will- the amendment be dispensed with. the independent counsel is still in business. ingness to not move to table at this The PRESIDING OFFICER. Without Mr. Barrett said in July 2001: point. I hope we can take a little time objection, it is so ordered. I want to conclude this investigation as and see if we might reach a meeting of The amendment is as follows: soon as possible. the minds on language that might ac- (Purpose: To prohibit the continuation of the It is now 4 years later, with the coun- complish the purposes that we hoped to independent counsel investigation of Henry sel spending $1.26 million in the last 6 accomplish. Cisneros past June 1, 2005 and request an months. For that reason, I suggest the ab- accounting of costs from GAO) The three-judge panel that is pro- sence of a quorum. At the end of the bill, add the following: viding oversight to the independent The PRESIDING OFFICER. The SEC. ll. (a) None of the funds appro- counsel said: clerk will call the roll. priated or made available in this Act or any Whether a cost-benefit analysis at this The legislative clerk proceeded to other Act may be used to fund the inde- point would support Mr. Barrett’s effort is a call the roll. pendent counsel investigation of Henry question to which I have no answer. Mr. DORGAN. Mr. President, I ask Cisneros after June 1, 2005. (b) Not later than July 1, 2005, the Govern- Judge Cudahy, a member of the unanimous consent that the order for ment Accountability Office shall provide the three-judge oversight panel said: the quorum call be rescinded. Committee on Appropriations of each House Mr. Barrett can go on forever. A great deal The PRESIDING OFFICER. Without with a detailed accounting of the costs asso- of time has elapsed and a lot of money spent objection, it is so ordered. ciated with the independent counsel inves- in pursuing charges that on their face do not Mr. DORGAN. Mr. President, I won- tigation of Henry Cisneros. seem of overwhelming complexity. der if I might ask my colleague, the Mr. DORGAN. Mr. President, this Again, this is someone who is ac- chairman of the committee, my under- matter deals with something I was cused of lying to the FBI about paying standing is the pending amendment is quite surprised to read about, frankly, money to a mistress. In the year 1995, the Byrd amendment. But I heard my in the newspaper, and I have since done the investigation began with Mr. Bar- colleague Senator BYRD indicate he some research about it. It was a rather rett and the independent counsel. In

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3641 1999, the individual pled guilty. In the Without objection, the amendment is that Senator MURRAY did not sign the year 2001, the individual was pardoned. so modified. cloture motion on amendment No. 387, And the independent counsel is still in Mr. BYRD. Mr. President, I am pre- and Senator LEAHY did sign that mo- business spending money. What on pared now to go to a vote, if the distin- tion. Earth is going on? guished chairman is also prepared. And Mr. COCHRAN. Mr. President, what A former Federal prosecutor fol- I ask for the yeas and nays. is the regular order? lowing the plea agreement, Lawrence The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Barcella, said this: sufficient second? pending amendment is amendment No. This is a classic example of why this inde- There appears to be a sufficient sec- 399 by Senator DORGAN. There are other pendent counsel statute was a problem. You ond. amendments which are, however, the give this person all the resources to go after The yeas and nays were ordered. regular order with respect to that one person, and the first thing that is lost is Mr. BYRD. Mr. President, may I just amendment. perspective. be sure that we are clear on this lan- Mr. COCHRAN. The Dorgan amend- Joseph DiGenova, a Republican law- guage. ment is the pending amendment. yer and former independent counsel I understand that the language as The PRESIDING OFFICER. That is himself, said in the April 1, 2005, Wash- read by the clerk is agreed to on both correct. ington Post: sides. Mr. COCHRAN. I thank the Chair. If this does not prove [the independent Mr. COCHRAN. Mr. President, we Mr. President, for the information of counsel’s] worthlessness as a governmental Senators, I have been asked and others entity, I don’t know what does. have no objection to the modification. The PRESIDING OFFICER. The have been asking the leadership about I do not come here as a partisan, a amendment has been so modified. The the intention of the Senate to proceed member of a political party. I come question is on agreeing to the amend- to votes on other amendments tonight. here as someone outraged to wake up ment, as modified. The yeas and nays That is certainly up to the Senate. We in the morning and read a report about have been ordered. The clerk will call are here open for business. We have an an independent counsel impaneled 10 the roll. emergency supplemental appropria- years ago to investigate a subject who The assistant legislative clerk called tions bill pending before the Senate, pled guilty 6 years ago and was par- the roll. and we need to move with dispatch to doned 4 years ago, and the independent Mr. MCCONNELL. The following Sen- complete action on this bill to get the counsel is still spending the taxpayers’ ator was necessarily absent: the Sen- money to the Departments of Defense money, $1.26 million over the last 6 ator from Oklahoma (Mr. INHOFE). and State for accounts that have been months. depleted and that we need in the war My amendment is painfully simple. I Mr. DURBIN. I announce that the on terror, that we need for our troops propose we stop the spending on June 1 Senator from Maryland (Mr. SARBANES) in Iraq and Afghanistan. So I hope we and tell this independent counsel: Fin- is necessarily absent. can proceed to further consideration of ish your report, finish up, move on, and The PRESIDING OFFICER (Mr. COR- give the taxpayers a break. NYN). Are there any other Senators in amendments that are pending. There That is what the amendment is. It is the Chamber desiring to vote? are amendments pending. I hope Sen- very simple. I hope it might be consid- The result was announced—yeas 98, ators can cooperate with the managers ered and supported by my colleagues. nays 0, as follows: and the leadership in moving this bill Mr. President, I yield the floor, and I [Rollcall Vote No. 95 Leg.] ahead. suggest the absence of a quorum. YEAS—98 I thank all Senators. I suggest the absence of a quorum. The PRESIDING OFFICER. The Akaka Dodd Martinez clerk will call the roll. Alexander Dole McCain The PRESIDING OFFICER. The The assistant bill clerk proceeded to Allard Domenici McConnell clerk will call the roll. call the roll. Allen Dorgan Mikulski The assistant legislative clerk pro- Baucus Durbin Murkowski ceeded to call the roll. Mr. BYRD. Mr. President, I ask unan- Bayh Ensign Murray Mr. OBAMA. Mr. President, I ask imous consent that the order for the Bennett Enzi Nelson (FL) quorum call be rescinded. Biden Feingold Nelson (NE) that the quorum call be dispensed with. The PRESIDING OFFICER (Mr. Bingaman Feinstein Obama The PRESIDING OFFICER. Without Bond Frist CHAFEE). Without objection, it is so or- Pryor objection, it is so ordered. Boxer Graham Reed dered. Brownback Grassley AMENDMENT NO. 390 Reid Bunning Gregg AMENDMENT NO. 430, AS MODIFIED Roberts Mr. OBAMA. Mr. President, I call up Burns Hagel Mr. BYRD. Mr. President, I have a Rockefeller amendment No. 390 and ask for its im- Burr Harkin Salazar proposed modification to the amend- Byrd Hatch mediate consideration. Santorum ment which I have discussed with the Cantwell Hutchison The PRESIDING OFFICER. Is there Schumer distinguished manager of the bill, the Carper Inouye objection to setting aside the pending Chafee Isakson Sessions chairman of the committee, Mr. COCH- Chambliss Jeffords Shelby amendments? Without objection, it is RAN. Clinton Johnson Smith so ordered. The clerk will report. I send the modification to the desk Coburn Kennedy Snowe The assistant legislative clerk read Cochran Kerry Specter and ask that it be stated by the clerk. Stabenow as follows: The PRESIDING OFFICER. The Coleman Kohl Collins Kyl Stevens The Senator from Illinois [Mr. OBAMA], for clerk will report. Conrad Landrieu Sununu himself, Mr. GRAHAM, Mr. BINGAMAN and Mr. The assistant legislative clerk read Cornyn Lautenberg Talent CORZINE, proposes an amendment numbered as follows: Corzine Leahy Thomas 390. Thune The Senator from West Virginia [Mr. Craig Levin Crapo Lieberman Vitter The amendment is as follows: BYRD] proposes an amendment numbered 430, Dayton Lincoln Voinovich (Purpose: To provide meal and telephone as modified: DeMint Lott Warner benefits for members of the Armed Forces At the appropriate place, insert the fol- DeWine Lugar Wyden who are recuperating from injuries in- lowing: curred on active duty in Operation Iraqi SEC. ll. Unless otherwise authorized by NOT VOTING—2 Freedom or Operation Enduring Freedom) existing law, none of the funds provided in Inhofe Sarbanes At the appropriate place, insert the fol- this Act or any other Act may be used by a The amendment (No. 430), as modi- Federal agency to produce any prepackaged lowing: news story unless the story includes a clear fied, was agreed to. SEC. ll. BENEFITS FOR MEMBERS OF THE notification within the text or audio of the Mr. COCHRAN. I move to reconsider ARMED FORCES RECUPERATING prepackaged news that the prepackaged news the vote, and I move to lay that mo- FROM INJURIES INCURRED IN OPER- story was prepared or funded by that Federal tion on the table. ATION IRAQI FREEDOM OR OPER- ATION ENDURING FREEDOM. agency. The motion to lay on the table was (a) PROHIBITION ON CHARGES FOR MEALS.— The PRESIDING OFFICER. Is there agreed to. (1) PROHIBITION.—A member of the Armed objection to the modification of the The PRESIDING OFFICER. The Forces entitled to a basic allowance for sub- amendment at this time? Chair wishes to clarify for the record sistence under section 402 of title 37, United

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3642 CONGRESSIONAL RECORD — SENATE April 14, 2005 States Code, who is undergoing medical re- The other day I had the opportunity to fix it. The amendment I am offering cuperation or therapy, or is otherwise in the to visit some of our wounded heroes at today will do this. status of ‘‘medical hold’’, in a military treat- Walter Reed Army Medical Center. I The amendment will expand the ment facility for an injury, illness, or disease know many of you have made the same group of hospitalized soldiers who can- incurred or aggravated while on active duty not be charged for their meals to in- in the Armed Forces in Operation Iraqi Free- trip. I heard about their visits, but dom or Operation Enduring Freedom shall there is nothing that can fully prepare clude those service members under- not, during any month in which so entitled, you for what you see when you take going medical recuperation, therapy, be required to pay any charge for meals pro- that first step into the physical ther- or otherwise on ‘‘medical hold.’’ The vided such member by the military treat- apy room. number of people affected by this ment facility. These are kids in there, our kids, the amendment will be small. Only about (2) EFFECTIVE DATE.—The limitation in ones we watched grow up, the ones we 4,000 service members are estimated to paragraph (1) shall take effect on January 1, hoped would live lives that were happy, fall under the category of non-hospital- 2005, and shall apply with respect to meals healthy, and safe. These kids left their ized. The amendment is retroactive to provided members of the Armed Forces as January 1, 2005, in an effort to provide described in that paragraph on or after that homes and families for a dangerous date. place halfway around the world. After those injured service members who (b) TELEPHONE BENEFITS.— years of being protected by their par- may have already received bills for (1) PROVISION OF ACCESS TO TELEPHONE ents, these kids risk their lives to pro- their meals with some relief from these SERVICE.—The Secretary of Defense shall tect us. Now some of them have come costs. provide each member of the Armed Forces home from that war with scars that The amendment will also extend free who is undergoing in any month medical re- may change their lives forever, scars phone service to those injured service cuperation or therapy, or is otherwise in the that may never heal. Yet they sit there members who are hospitalized or other- status of ‘‘medical hold’’, in a military treat- in the hospital so full of hope and still wise undergoing medical recuperation ment facility for an injury, illness, or disease or therapy. I am very proud this incurred or aggravated while on active duty so proud of their country. They are the in the Armed Forces in Operation Iraqi Free- best that America has to offer, and amendment is supported by the Amer- dom or Operation Enduring Freedom access they deserve our highest respect, and ican Legion, and I hope my colleagues to telephone service at or through such mili- they deserve our help. will join them in that support. I ask all tary treatment facility in an amount for Recently, I learned that some of our of my colleagues to join me in sup- such month equivalent to the amount speci- most severely wounded soldiers are porting this amendment. It should be fied in paragraph (2). being forced to pay for their own meals something that is very simple for us to (2) MONTHLY AMOUNT OF ACCESS.—The do. These are our children and they amount of access to telephone service pro- and their own phone calls while being treated in medical hospitals. Up until risked their lives for us. When they vided a member of the Armed Forces under come home with injuries, we should be paragraph (1) in a month shall be the number last year, there was a law on the books of calling minutes having a value equivalent that prohibited soldiers from receiving expected to provide them the best pos- to $40. both their basic subsistence allowance sible service and the best possible sup- (3) ELIGIBILITY AT ANY TIME DURING and free meals from the military. Basi- port. This is a small price to pay for MONTH.—A member of the Armed Forces who cally, this law allowed the Government those who have sacrificed so much for is eligible for the provision of telephone to charge our wounded heroes for food their country. service under this subsection at any time while they were recovering from their I want to mention and extend my during a month shall be provided access to thanks to the senior Senator from such service during such month in accord- war injuries. Thankfully, this body acted to change this law in 2003 so that Alaska and my colleague from Mis- ance with that paragraph, regardless of the sissippi for working with me on this wounded soldiers would not have to date of the month on which the member first issue. I am hoping that we can reach an becomes eligible for the provision of tele- pay for their meals. But we are dealing agreement on this bill. phone service under this subsection. with a bureaucracy here and, as we (4) USE OF EXISTING RESOURCES.—In car- The PRESIDING OFFICER. The Sen- know, nothing is ever simple in a bu- ator from Mississippi. rying out this subsection, the Secretary reaucracy. So now, because the Depart- shall maximize the use of existing Depart- Mr. COCHRAN. Mr. President, I ment of Defense telecommunications pro- ment of Defense does not consider get- thank the Senator for the explanation grams and capabilities, private organiza- ting physical rehabilitation or therapy of his amendment. There is one thing, tions, or other private entities offering free services in a medical hospital as being in looking at the amendment, that I or reduced-cost telecommunications serv- hospitalized, there are wounded vet- am not sure of, and I am wondering if ices. erans who still do not qualify for the he could advise the Senate. Does the (5) COMMENCEMENT.— free meals other veterans receive. Senator have an estimate from anyone (A) IN GENERAL.—This subsection shall After 90 days, even those classified as at the Department of Defense or in the take effect on the first day of the first hospitalized on an outpatient status month beginning on or after the date of the Hospital Services Agency of the De- enactment of this Act. lose their free meals as well. partment of Defense as to what the Also, while our soldiers in the field (B) EXPEDITED PROVISION OF ACCESS.—The costs of the amendment would be dur- Secretary shall commence the provision of qualify for free phone service, injured ing the balance of this fiscal year? access to telephone service under this sub- service men and women who may be Mr. OBAMA. Yes, I do. DOD cur- section as soon as practicable after the date hospitalized hundreds or thousands of rently charges soldiers $8.30 per day for of the enactment of this Act. miles from home do not receive this meals at the nondiscounted rate. So if (6) TERMINATION.—The Secretary shall same benefit. For soldiers whose fam- all the eligible soldiers ate all of their cease the provision of access to telephone ily members are not able to take off meals at military facilities through service under this subsection on the date work and travel to a military hospital, this is 60 days after the later of— the end of this fiscal year, the amend- (A) the date, as determined by the Sec- hearing the familiar voice of mom or ment would cost about $10.2 million. retary, on which Operation Enduring Free- dad or husband or wife on the other Now, that is probably a high estimate dom terminates; or side of the phone can make all the dif- because my expectation would be these (B) the date, as so determined, on which ference in the world. Yet right now our wounded soldiers would not be eating Operation Iraqi Freedom terminates. Government will not help pay for these all of their meals at the hospital. So it Mr. OBAMA. Mr. President, today I calls, and it will not help pay for these would probably end up being lower, but am offering an amendment to the fiscal meals. the upper threshold would be $10.2 mil- year 2005 emergency supplemental Now, think about the sacrifices these lion. which I am pleased to announce is young people have made for their coun- Mr. COCHRAN. I thank the Senator. being cosponsored by Senators try, many of them literally sacrificing I think the Senator certainly hits upon CORZINE, BINGAMAN, and GRAHAM. This life and in some cases limb. Now, at a subject that we are very sensitive amendment would meet certain needs $8.30 a meal, they could end up with a about at this time. We are following of our injured service members in rec- $250 bill from the Government that very closely the situation of the serv- ognition of the tremendous sacrifice sent them to war, and they could get icemen who are participating in the they have made in defense of our coun- that bill every single month. This is war against terror in Iraq, Afghani- try. wrong, and we have a moral obligation stan, and elsewhere. We are proud of

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3643 them. We are sorry that any of them SEC. 1113. RENAMING OF DEATH GRATUITY PAY- The PRESIDING OFFICER. The ABLE FOR DEATHS OF MEMBERS OF have to be in the hospital or have to THE ARMED FORCES AS FALLEN question is on agreeing to the amend- have access to services that are pro- HERO COMPENSATION. ment. vided under the terms of this amend- (a) IN GENERAL.—Subchapter II of chapter The amendment (No. 438) was agreed ment. I would be happy to take the 75 of title 10, United States Code, is amended to. suggestion that is embodied in this as follows: Mr. COCHRAN. Mr. President, I move amendment to the conference com- (1) In section 1475(a), by striking ‘‘have a to reconsider the vote, and I move to death gratuity paid’’ and inserting ‘‘have mittee and try to work out an accept- fallen hero compensation paid’’. lay that motion on the table. able provision to be included in the (2) In section 1476(a)— The motion to lay on the table was final conference report and bring it (A) in paragraph (1), by striking ‘‘a death agreed to. back to the Senate. gratuity’’ and inserting ‘‘fallen hero com- AMENDMENT NO. 354 So I recommend the Senate accept pensation’’; and Mr. COCHRAN. Mr. President, I call the amendment. (B) in paragraph (2), by striking ‘‘A death up amendment No. 354 on behalf of Mr. gratuity’’ and inserting ‘‘Fallen hero com- GRAHAM regarding functions of the gen- The PRESIDING OFFICER. Is there pensation’’. further debate? (3) In section 1477(a), by striking ‘‘A death eral counsel and judge advocate gen- The Senator from Illinois. gratuity’’ and inserting ‘‘Fallen hero com- eral of the Air Force. Mr. OBAMA. I thank my colleague, pensation’’. The PRESIDING OFFICER. The the Senator from Mississippi, for that (4) In section 1478(a), by striking ‘‘The clerk will report. offer, and I believe all of us feel the death gratuity’’ and inserting ‘‘The amount The assistant legislative clerk read of fallen hero compensation’’. as follows: same way. These are the soldiers that (5) In section 1479(1), by striking ‘‘the The Senator from Mississippi [Mr. COCH- are most severely wounded. We want to death gratuity’’ and inserting ‘‘fallen hero take the very best care of them, and I RAN], for Mr. GRAHAM, proposes an amend- compensation’’. ment numbered 354. very much appreciate the consider- (6) In section 1489— ation of the Senator from Mississippi. (A) in subsection (a), by striking ‘‘a gra- Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. If there tuity’’ in the matter preceding paragraph (1) unanimous consent that the reading of is no further debate, the question is on and inserting ‘‘fallen hero compensation’’; the amendment be dispensed with. and The PRESIDING OFFICER. Without agreeing to the amendment. (B) in subsection (b)(2), by inserting ‘‘or objection, it is so ordered. The amendment (No. 390) was agreed other assistance’’ after ‘‘lesser death gra- The amendment is as follows: to. tuity’’. (b) CLERICAL AMENDMENTS.—(1) Such sub- (Purpose: To prohibit the implementation of Mr. COCHRAN. Mr. President, I move certain orders and guidance on the func- to reconsider the vote, and I move to chapter is further amended by striking ‘‘Death gratuity:’’ each place it appears in the tions and duties of the General Counsel lay that motion on the table. heading of sections 1475 through 1480 and 1489 and Judge Advocate General of the Air The motion to lay on the table was and inserting ‘‘Fallen hero compensation:’’. Force) agreed to. (2) The table of sections at the beginning of On page 169, between lines 8 and 9, insert Mr. COCHRAN. I thank the Senator such subchapter is amended by striking the following: ‘‘Death gratuity:’’ in the items relating to PROHIBITION ON IMPLEMENTATION OF CERTAIN and thank the Chair. sections 1474 through 1480 and 1489 and in- ORDERS AND GUIDANCE ON FUNCTIONS AND I suggest the absence of a quorum. serting ‘‘Fallen hero compensation:’’. DUTIES OF GENERAL COUNSEL AND JUDGE AD- (c) GENERAL REFERENCES.—Any reference The PRESIDING OFFICER. The VOCATE GENERAL OF THE AIR FORCE clerk will call the roll. to a death gratuity payable under subchapter II of chapter 75 of title 10, United SEC. 1122. No funds appropriated or other- The assistant legislative clerk pro- States Code, in any law, regulation, docu- wise made available by this Act, or any ceeded to call the roll. ment, paper, or other record of the United other Act, may be obligated or expended to Mr. COCHRAN. Mr. President, I ask States shall be deemed to be a reference to implement or enforce either of the following: unanimous consent that the order for fallen hero compensation payable under such (1) The order of the Secretary of the Air the quorum call be rescinded. subchapter, as amended by this section. Force dated May 15, 2003, and entitled The PRESIDING OFFICER. The ‘‘Functions and Duties of the General Coun- The PRESIDING OFFICER. Without question is on agreeing to the amend- sel and the Judge Advocate General’’. objection, it is so ordered. ment. (2) Any internal operating instruction or Mr. COCHRAN. Mr. President, I have The amendment (No. 352) was agreed memorandum issued by the General Counsel requests to make, on behalf of the to. of the Air Force in reliance upon the order managers of the bill, with respect to Mr. COCHRAN. Mr. President, I move referred to in paragraph (1). amendments that have been cleared on to reconsider the vote, and I move to The PRESIDING OFFICER. The both sides of the aisle. lay that motion on the table. question is on agreeing to the amendment. AMENDMENT NO. 352 The motion to lay on the table was The amendment (No. 354) was agreed I now call up amendment No. 352, on agreed to. AMENDMENT NO. 438 to. behalf of Mr. SALAZAR, regarding the Mr. COCHRAN. Mr. President, I move renaming of the death gratuity. Mr. COCHRAN. I send to the desk an amendment on behalf of Mr. SPECTER to reconsider the vote, and I move to The PRESIDING OFFICER. The that is technical in nature and ask for lay that motion on the table. clerk will report. its immediate consideration. The motion to lay on the table was The assistant legislative clerk read The PRESIDING OFFICER. The agreed to. as follows: clerk will report. AMENDMENT NO. 393 The Senator from Mississippi [Mr. COCH- The assistant legislative clerk read Mr. COCHRAN. Mr. President, I now RAN], for Mr. SALAZAR, for himself and Mr. as follows: call up amendment No. 393, on behalf of ALLARD, proposes an amendment numbered The Senator from Mississippi [Mr. COCH- Mr. KENNEDY, regarding the Veterans 352. RAN], for Mr. SPECTER, proposes an amend- Health Administration facilities. Mr. COCHRAN. Mr. President, I ask ment numbered 438. The PRESIDING OFFICER. The unanimous consent that the reading of Mr. COCHRAN. Mr. President, I ask clerk will report. the amendment be dispensed with. unanimous consent that the reading of The assistant legislative clerk read The PRESIDING OFFICER. Without the amendment be dispensed with. as follows: The PRESIDING OFFICER. Without objection, it is so ordered. The Senator from Mississippi [Mr. COCH- objection, it is so ordered. The amendment is as follows: RAN], for Mr. KENNEDY, proposes an amend- The amendment is as follows: ment numbered 393. (Purpose: To rename the death gratuity pay- (Purpose: To make a technical correction to able for deaths of members of the Armed cite the proper section intended to repeal Mr. COCHRAN. Mr. President, I ask Forces as fallen hero compensation, and the Department of Labor’s transfer author- unanimous consent that the reading of for other purposes) ity) the amendment be dispensed with. On page 162, between lines 22 and 23, insert On page 220, line 12, strike ‘‘Section 101’’ The PRESIDING OFFICER. Without the following: and insert ‘‘Section 102’’ in lieu thereof. objection, it is so ordered.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3644 CONGRESSIONAL RECORD — SENATE April 14, 2005 The amendment is as follows: (3) a catalogue of community assistance (1) The United States Armed Forces have (Purpose: To clarify the limitation on the programs that are provided by the Federal borne the largest share of the burden for se- implementation of mission changes for Government related to the re-use and rede- curing and stabilizing Iraq. Since the war’s specified Veterans Health Administration velopment of closed or realigned military in- start, more than 500,000 United States mili- Facilities) stallations; tary personnel have served in Iraq and, as of At the appropriate place, insert the fol- (4) a description of the services, policies, the date of the enactment of this Act, more lowing: and resources of the Department of Defense than 130,000 such personnel are stationed in that are available to assist communities af- Iraq. Though the Department of Defense has SEC. ll. IMPLEMENTATION OF MISSION CHANGES AT SPECIFIC VETERANS fected by the closing or realignment of mili- kept statistics related to international troop HEALTH ADMINISTRATION FACILI- tary installations as a result of the 2005 contributions classified, it is estimated that TIES. round of base closure and realignment; all of the coalition partners combined have (a) IN GENERAL.—Section 414 of the Vet- (5) guidance to local communities on the maintained a total force level in Iraq of only erans Health Programs Improvement Act of establishment of local redevelopment au- 25,000 troops since early 2003. 2004, is amended by adding at the end the fol- thorities and the implementation of a base (2) United States taxpayers have borne the lowing: redevelopment plan; and vast majority of the financial costs of secur- ‘‘(h) DEFINITION.—In this section, the term (6) a description of the policies and respon- ing and reconstructing Iraq. Prior to the ‘medical center’ includes any outpatient sibilities of the Department of Defense re- date of the enactment of this Act, the United clinic.’’. lated to environmental clean-up and restora- States appropriated more than (b) EFFECTIVE DATE.—The amendment tion of property disposed by the Federal Gov- $175,000,000,000 for military and reconstruc- made by subsection (a) shall take effect as if ernment. tion efforts in Iraq and, including the funds included in the Veterans Health Programs The PRESIDING OFFICER. The appropriated in this Act, the amount appro- Improvement Act of 2004 (Public Law 108– question is on agreeing to the amend- priated for such purposes increases to a total 422). ment. of more than $250,000,000,000. The PRESIDING OFFICER. The The amendment (No. 394) was agreed (3) Of such total, Congress appropriated question is on agreeing to the amend- $2,475,000,000 in the Emergency Wartime Sup- to. ment. plemental Appropriations Act, 2003 (Public The amendment (No. 393) was agreed Mr. COCHRAN. Mr. President, I move Law 108–11; 117 Stat. 559) (referred to in this to. to reconsider the vote, and I move to section as ‘‘Public Law 108–11’’) and Mr. COCHRAN. Mr. President, I move lay that motion on the table. $18,439,000,000 in the Emergency Supple- to reconsider the vote, and I move to The motion to lay on the table was mental Appropriations Act for Defense and agreed to. for the Reconstruction of Iraq and Afghani- lay that motion on the table. stan, 2004 (Public Law 108–106; 117 Stat. 1209) The motion to lay on the table was Mr. COCHRAN. I suggest the absence of a quorum. (referred to in this section as ‘‘Public Law agreed to. 108–106’’) under the heading ‘‘IRAQ RELIEF AND AMENDMENT NO. 394 The PRESIDING OFFICER. The RECONSTRUCTION FUND’’ for humanitarian as- Mr. COCHRAN. Mr. President, I now clerk will call the roll. sistance and to carry out reconstruction and call up amendment No. 394, on behalf of The legislative clerk proceeded to rehabilitation in Iraq. Mr. WARNER, regarding a reporting recall the roll. (4) The Sixth Quarterly Report required by quirement. Mr. REID. Madam President, I ask section 2207 of Public Law 108–106 (22 U.S.C. The PRESIDING OFFICER. The unanimous consent that the order for 2151 note), submitted by the Secretary of the quorum call be rescinded. State in April 2005, stated that $12,038,000,000 clerk will report. of the $18,439,000,000 appropriated by Public The PRESIDING OFFICER (Ms. MUR- The assistant legislative clerk read Law 108–106 under the heading ‘‘IRAQ RELIEF KOWSKI as follows: ). Without objection, it is so or- AND RECONSTRUCTION FUND’’ had been obli- The Senator from Mississippi [Mr. COCH- dered. gated and that only $4,209,000,000, less than 25 RAN], for Mr. WARNER, proposes an amend- Mr. REID. Is there a pending amend- percent of the total amount appropriated, ment numbered 394. ment? had actually been spent. Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. There (5) According to such report, the inter- unanimous consent that the reading of are amendments pending. national community pledged more than the amendment be dispensed with. Mr. REID. I ask unanimous consent $13,500,000,000 in foreign assistance to Iraq in The PRESIDING OFFICER. Without that the amendments be set aside and the form of grants, loans, credits, and other assistance. While the report did not specify objection, it is so ordered. I be allowed to offer an amendment. how much of the assistance is intended to be The amendment is as follows: The PRESIDING OFFICER. Without provided as loans, it is estimated that loans (Purpose: To require a report on the re-use objection, it is so ordered. constitute as much as 80 percent of contribu- and redevelopment of military installa- AMENDMENT NO. 445 tions pledged by other nations. The report tions closed or realigned as part of the 2005 Mr. REID. I send an amendment to further notes that, as of the date of the en- round of base closure and realignment) the desk. actment of this Act, the international com- On page 169, between lines 8 and 9, insert munity has contributed only $2,700,000,000 the following: The PRESIDING OFFICER. The out of the total pledged amount, falling far clerk will report. RE-USE AND REDEVELOPMENT OF CLOSED OR short of its commitments. REALIGNED MILITARY INSTALLATIONS The assistant legislative clerk read (6) Iraq has the second largest endowment SEC. 1122 (a) In order to assist communities as follows: of oil in the world and experts believe Iraq with preparations for the results of the 2005 The Senator from Nevada [Mr. REID] pro- has the capacity to generate $30,000,000,000 to round of defense base closure and realign- poses an amendment numbered 445. $40,000,000,000 per year in revenues from its oil industry. Prior to the launch of United ment, and consistent with assistance pro- Mr. REID. Madam President, I ask vided to communities by the Department of States operations in Iraq, members of the unanimous consent that the reading of Administration stated that profits from Defense in previous rounds of base closure the amendment be dispensed with. and realignment, the Secretary of Defense Iraq’s oil industry would provide a substan- shall, not later than July 15, 2005, submit to The PRESIDING OFFICER. Without tial portion of the funds needed for the re- the congressional defense committees a re- objection, it is so ordered. construction and relief of Iraq and United port on the processes and policies of the Fed- The amendment is as follows: Nations Security Council Resolution 1483 (2003) permitted the coalition to use oil re- eral Government for disposal of property at (Purpose: To achieve an acceleration and ex- serves to finance long-term reconstruction military installations proposed to be closed pansion of efforts to reconstruct and reha- projects in Iraq. or realigned as part of the 2005 round of base bilitate Iraq and to reduce the future risks (7) Securing and rebuilding Iraq benefits closure and realignment, and the assistance to United States Armed Forces personnel the people of Iraq, the United States, and the available to affected local communities for and future costs to United States tax- world and all nations should do their fair re-use and redevelopment decisions. payers, by ensuring that the people of Iraq share to achieve that outcome. (b) The report under subsection (a) shall and other nations to do their fair share to include— secure and rebuild Iraq) (b) Notwithstanding any other provision of (1) a description of the processes of the law, not more than 50 percent of the pre- On page 183, after line 23, add the following Federal Government for disposal of property viously appropriated Iraqi reconstruction new section: at military installations proposed to be funds that have not been obligated or ex- closed or realigned; INTERNATIONAL EFFORTS FOR RECONSTRUCTION pended prior to the date of the enactment of (2) a description of Federal Government IN IRAQ this Act may be obligated or expended, as policies for providing re-use and redevelop- SEC. 2105. (a) Congress makes the following the case may be, for Iraq reconstruction pro- ment assistance; findings: grams unless—

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3645 (1) the President certifies to Congress that Those of us who value states rights I am dismayed that both China and all countries that pledged financial assist- side with the National Governors Asso- India reportedly objected to an ‘‘unbal- ance at the Madrid International Conference ciation, the National Conference of anced approach’’ in the Commission’s on Reconstruction in Iraq or in other fora State Legislatures, and the Council of action against Burma. since March 2003, for the relief and recon- In my view, India can—and should— struction of Iraq, including grant aid, cred- State Governments in opposing the im- its, and in-kind contributions, have fulfilled position of unworkable Federal man- play a catalytic role in fostering their commitments; or dates on State drivers license policies. change in Burma. I would remind India (2) the President— Those of us who value the environment that such objections serve only to tar- (A) certifies to Congress that the President and the rule of law object to requiring nish its image as the world’s largest or his representatives have made credible the DHS Secretary to waive all laws, democracy, and send the wrong mes- and good faith efforts to persuade other environmental or otherwise, that may sage to Daw Aung San Suu Kyi, Nobel countries that made pledges of financial as- get in the way of the construction of Peace Laureate and recipient of India’s sistance at the Madrid International Con- border fences, and forbidding judicial Jawaharlal Nehru Award for Inter- ference on Reconstruction in Iraq or in other national Understanding. India should, fora to fulfill their commitments; review of the Secretary’s actions. (B) determines that, notwithstanding the To include the REAL ID Act in the as it did in the past, stand firmly with efforts by United States troops and tax- conference report for this supplemental Burma’s democrats and work to foster payers on behalf of the people of Iraq and the would also deprive the Judiciary Com- reconciliation between the National failure of other countries to fulfill their mittee and the Senate as a whole of the League for Democracy, ethnic nation- commitments, revenues generated from the opportunity to consider and review alities and the illegal military junta. sale of Iraqi oil or other sources of revenue these wide-ranging provisions. On a separate matter, I want to rec- under the control of the Government of Iraq The majority leader has indicated in ognize Ms. Cindy Chang in the State may not be used to reimburse the Govern- Department’s Bureau of Legislative Af- ment of the United States for the obligation recent days that the Senate will be considering immigration reform this fairs. Cindy works closely with the and expenditure of a significant portion of State/Foreign Operations Sub- the remaining previously appropriated Iraqi year. The provisions in the REAL ID reconstruction funds; Act should be considered at that time committee, which I chair, and I want (C) determines that, notwithstanding the and in conjunction with a broader de- the Secretary of State to know how failure of other countries to fulfill their bate about immigration. They should ably Cindy represents that Depart- commitments as described in subparagraph not be forced upon the Senate by the ment’s—and the President’s—interests (A) and that revenues generated from the leadership of the other body. on the Hill. She is a star in that Bu- sale of Iraqi oil or other sources of revenue reau. under the control of the government of Iraq I urge my colleagues to vote in favor f shall not be used to reimburse the United of this resolution, which I am proud to States government as described in subpara- cosponsor with Senators FEINSTEIN, NATIONAL ASSOCIATED ALUMNAE graph (B), the obligation and expenditure of BROWNBACK, ALEXANDER, and many AND ALUMNI OF THE SACRED remaining previously appropriated Iraqi re- others. HEART construction funds is in the national secu- Mr. REID. I suggest the absence of a rity interests of the United States; and Mr. DURBIN. Madam President, I quorum. rise today to recognize the National (D) submits to Congress a written notifica- The PRESIDING OFFICER. The tion of the determinations made under this Associated Alumnae and Alumni of the paragraph, including a detailed justification clerk will call the roll. Sacred Heart during their 35th biennial for such determinations, and a description of The assistant legislative clerk pro- conference. the actions undertaken by the President or ceeded to call the roll. The theme of the conference is ‘‘St. other official of the United States to con- Mr. FRIST. Mr. President, I ask Madeleine Sophie’s vision of service— vince other countries to fulfill their commit- unanimous consent that the order for living our legacy,’’ and a panel discus- ments described in subparagraph (A). the quorum call be rescinded. (c) This section may not be superseded, sion will be hosted by Barat College. The PRESIDING OFFICER. Without St. Madeleine Sophie Barat was the modified, or repealed except pursuant to a objection, it is so ordered. provision of law that makes specific ref- foundress of the Society of the Sacred erence to this section. f Heart, and she still is a true inspira- (d) In this section: MORNING BUSINESS tion to all who seek to follow the call (1) The term ‘‘previously appropriated of service. Iraqi reconstruction funds’’ means the aggre- Mr. FRIST. I ask unanimous consent The late Senator Paul Simon was my gate amount appropriated or otherwise made that there now be a period of morning mentor when I began my political ca- available in chapter 2 of title II of Public business with Senators permitted to reer in downstate Illinois. His wife, Law 108–106 under the heading ‘‘IRAQ RELIEF speak for up to 10 minutes each. Jean Hurley Simon, graduated from AND RECONSTRUCTION FUND’’ or under title I The PRESIDING OFFICER. Without of Public Law 108–11 under the heading ‘‘IRAQ Barat College in 1944. Since I first met objection, it is so ordered. RELIEF AND RECONSTRUCTION FUND’’. Jean, I have had a special admiration (2)(A) The term ‘‘Iraq reconstruction pro- f for those educated in the Sacred Heart grams’’ means programs to address the infra- BURMA tradition. structure needs of Iraq, including infrastruc- The Associated Alumnae and Alumni ture relating to electricity, oil production, Mr. MCCONNELL. Madam President, of the Sacred Heart includes over 51,000 public works, water resources, transpor- the United Nations Human Rights women and men educated in the Sacred tation and telecommunications, housing and Commission adopted a resolution ex- Heart schools. Recently, Sacred Heart construction, health care, and private sector pressing concern with the ‘‘ongoing alumni have led efforts to provide redevelopment. systematic violation of human rights’’ lief for people in Indonesia effected by (B) The term does not include programs to of the Burmese people. These viola- fund military activities (including the estab- the devastating tsunami. Funds raised lishment of national security forces or the tions include: extrajudicial killings, by Sacred Heart alumni have allowed Commanders’ Emergency Response Pro- rape and other forms of violence per- for much-needed health and education grams), public safety (including border en- sistently carried out by members of the programs in the region, including forcement, police, fire, and customs), and armed forces, the continued use of tor- interfaith projects to house and lead justice and civil society development. ture, political arrests, forced and child activities for orphaned children. AMENDMENT NO. 395 labor, and systematic use of child sol- Like Senator Simon before me, I Mr. LEAHY. Mr. President, I rise in diers. have strongly supported higher edu- support of amendment 395. There are While the Commission’s action is cation initiatives and access to profes- many Members on both sides of the welcomed, it is not enough. The United sional development training for our el- aisle with strong objections to the Nations Security Council must discuss ementary and secondary teachers. REAL ID Act. Those of us who value and debate the immediate regional After all, teachers have the ability to our Nation’s historic commitment to threats that country poses to its neigh- influence, impact, and shape the citi- asylum do not want to see severe re- bors—whether from illicit narcotics, zens of tomorrow. strictions placed on the ability of asy- HIV/AIDS, trafficked and internally I know that my fellow Senators will lum seekers to obtain refuge here. displaced persons, or refugees. join me in commending the Sacred

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3646 CONGRESSIONAL RECORD — SENATE April 14, 2005 Heart alumni for their legacy of serv- torial titled ‘‘Remember Gun Control?’’ Hilleman, a renowned microbiologist ice. I am confident that this proud his- be printed in the CONGRESSIONAL and native son of Montana. tory and tradition will continue in the RECORD. Dr. Maurice R. Hilleman dedicated spirit of St. Madeleine Sophie for years There being no objection, the mate- his life to developing vaccines for to come. rial was ordered to be printed in the mumps, measles, chickenpox, pneu- f RECORD, as follows: monia, meningitis and other diseases, PROTECT OUR COMMUNITIES, NOT [From the Los Angeles Times, Apr. 11, 2005] saving tens of millions of lives. He died THE GUN INDUSTRY REMEMBER GUN CONTROL? on Monday at a hospital in Philadel- phia at the age of 85. Mr. LEVIN. Madam President, it has After four years of George W. Bush, the no- Raised on a farm in Montana, Dr. been reported that the Senate may tions that some people might be too dan- Hilleman credited much of his success consider the misnamed Protection of gerous or unstable to trust with a firearm or that assault weapons do not belong in civ- to his boyhood work with chickens, Lawful Commerce in Arms Act in the ilized society are deader than a wild turkey whose eggs form the foundation of so near future. I was pleased that this leg- in hunting season. many vaccines. Much of modern pre- islation was defeated during the 108th During Bush’s first campaign, a National ventive medicine is based on Dr. Congress, and I continue to oppose its Rifle Assn. leader quipped, ‘‘If we win, we’ll Hilleman’s work, though he never re- passage. have a president where we work out of their This bill would rewrite well-accepted office.’’ How right he was. ceived the public recognition of Salk, principles of liability law, providing Over the last four years, the president and Sabin or Pasteur. He is credited with the gun industry legal protections not his congressional allies have repudiated or having developed more human and ani- enjoyed by other industries. It would quietly eviscerated key gun laws and regula- mal vaccines than any other scientist, tions. Now they are poised to shield firearms helping to extend human life expect- grant broad immunity from liability makers and sellers from nearly all damage even in cases where gross negligence or ancy and improving the economies of claims when their products kill or maim. many countries. recklessness led to someone being in- Not only is this a gift no other industry en- jured or killed. Enactment of this spe- joys, it’s a truly bad idea that even gun own- According to two medical leaders, Dr. cial interest legislation for the gun in- ers have reason to oppose. Anthony S. Fauci, director of the Na- dustry would also lead to the termi- Last year, Republican congressional lead- tional Institute of Allergy and Infec- nation of a wide range of pending and ers simply ran out the clock on the 10-year- tious Diseases, and Dr. Paul A. Offit, prospective civil cases, depriving gun old federal assault gun ban, refusing to even chief of infectious diseases at Chil- violence victims with legitimate cases call a vote on renewing it despite steady pop- dren’s Hospital in Philadelphia, Dr. ular support for the law. Bush, who once Hilleman probably saved more lives of their day in court. claimed that he supported the ban, refused It would be all the more irresponsible to make so much as a phone call to his than any other scientist in the 20th for the Senate to pass the gun industry House or Senate allies to keep it alive. With century. ‘‘The scientific quality and immunity legislation while also con- it died the ban on domestically made ammu- quantity of what he did was amazing,’’ tinuing to ignore many gun safety nition clips with more than 10 rounds, a boon Dr. Fauci is quoted as saying. ‘‘Just issues that are critically important to for any disgruntled employee, terrorist or one of his accomplishments would be the law enforcement community. Re- high school student who wants to mow down enough to have made for a great sci- cent editorials in major newspapers a crowd. The president also signed a bill that entific career. One can say without hy- around the country have highlighted requires the destruction within 24 hours of perbole that Maurice changed the all records from background checks of gun Congress’ inability to enact common buyers. And Congress required the Bureau of world with his extraordinary contribu- sense gun safety legislation. An edi- Alcohol, Tobacco, Firearms and Explosives tions in so many disciplines: virology, torial from Monday’s edition of the Los to keep secret the data that tracks weapons epidemiology, immunology, cancer re- Angeles Times stated: Over the last used in crimes. search and vaccinology.’’ four years, the president and his con- Meanwhile, a Government Accountability Dr. Hilleman developed 8 of the 14 gressional allies have repudiated or Office study examining FBI and state back- vaccines routinely recommended: mea- quietly eviscerated key gun laws and ground-check records found that 35 people sles, mumps, hepatitis A, hepatitis B, whose names appeared on terrorism watch regulations. Now they are poised to chickenpox, meningitis, pneumonia shield firearms makers and sellers lists were able to buy a gun. Incredibly, a would-be buyer’s presence on a watch list and Haemophilus influenzae bacteria. from nearly all damage claims when does not disqualify him or her from buying a He also developed the first generation their products kill or maim. firearm. Because background-check data of a vaccine against rubella, also Thus far, Congress has failed to act now must be promptly destroyed, it is impos- known as German measles. The vac- to reauthorize the assault weapons ban sible to know how many more terrorism sus- cines have virtually vanquished many that expired on September 13, 2004. pects might be lawfully armed. of the once common childhood diseases This inaction allowed criminals and The immunity bill, introduced by Sen. in developed countries. terrorists potential easy access to Larry E. Craig (R-Idaho) and Rep. Cliff Stearns (R-Fla.), would protect gun manu- In addition, Dr. Hilleman overcame many of the most powerful and deadly immunological obstacles to combine firearms manufactured. In addition, facturers and sellers from damage suits by vaccines so that one shot could protect Congress has failed to close a loophole victims of gun violence. It would even block injury suits from gun owners. That means against several diseases, like the MMR that allows individuals on terrorist gun owners can’t sue if poorly made hand- vaccine for measles, mumps and rubel- watch lists to buy these weapons and guns explode in their hands or fire uninten- la. He developed about 40 experimental has failed to pass legislation that tionally. In many instances, the bill would and licensed animal and human vac- would, at the very least, require a shield gun dealers who allow criminals to cines, mostly with his team from background check for individuals at- buy a firearm, by severely weakening the Merck of Whitehouse Station, NJ His tempting to buy the previously banned ATF’s ability to shut down unscrupulous role in their development included lab assault weapons at gun shows. dealers. Rather than considering a bill to pro- This reckless measure, long on the NRA’s work as well as scientific and adminis- tect members of the gun industry from wish list, has come before Congress before, trative leadership. but enough lawmakers balked. This time, And as a sign of his humility, Dr. liability, we should help protect our emboldened by last November’s GOP vic- families and communities by address- Hilleman routinely credited others for tories, there looks to be less resistance. Sen- their roles in advances, according to ing the loopholes that potentially ate Majority Leader Bill Frist (R-Tenn.) says allow known and suspected terrorists he’s ready to call for a floor vote any time. his colleagues. to legally purchase military style fire- Unless voters speak up. Vaccine development is complex, re- arms within our own borders. I again f quiring an artistry to safely produce urge my colleagues to take up and pass large amounts of weakened live or dead TRIBUTE TO DR. MAURICE common sense gun safety legislation microorganisms. Dr. Offit once said, that will address these loopholes and HILLEMAN ‘‘Maurice was that artist: no one had the threats they pose. Mr. BAUCUS. Madam President, I the green thumb of mass production I ask unanimous consent that the rise today to memorialize the life and that he had.’’ The hepatitis B vaccine, April 11, 2005 Los Angeles Times edi- accomplishments of Dr. Maurice licensed in 1981, is credited as the first

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3647 to prevent a human cancer: a liver can- At one of many meetings with this lives of our fellow citizens in many cer, known as a hepatoma, that can de- physician-reporter, a Thanksgiving ways. They have never failed to answer velop as a complication of infection Day dinner during a conference at the the call. from the hepatitis B virus. World Health Organization in Geneva The District has had a significant im- One of Dr. Hilleman’s goals was to in the 1980s, Dr. Hilleman said he was pact on the ability of our servicemen develop the first licensed vaccine driven by a goal to get rid of disease and women to fight the global war on against any viral cancer. He achieved and by a belief that scientists had to terror; it has bolstered the region’s it in the early 1970s, developing a vac- serve society. economy and worked to enhance the cine to prevent Marek’s disease, a Maurice Ralph Hilleman was born on safety of communities in and about wa- lymphoma cancer of chickens caused Aug. 30, 1919, in Miles City, MT. His terways and the functionability of the by a member of the herpes virus fam- mother and twin sister died during his many major harbors in my home State ily. Preventing the disease helped revo- birth. In 1937, he went to work in the of Hawaii. In everything they do they lutionize the economics of the poultry local J. C. Penney’s store where he safeguard the environment. industry. Dr. Hilleman’s vaccines have helped cowpokes, as he described his From civil works projects naviga- also prevented deafness, blindness and customers, pick out chenille bathrobes tion, flood control and shore protection other permanent disabilities among for their girlfriends, and he was well on to building and maintaining the infra- millions of people, a point made in 1988 the way to a career in retailing until structure for our military personnel, when President Ronald Reagan pre- his oldest brother suggested that he go the Honolulu District is proud of its sented him with the National Medal of to college. After graduating from Mon- service. Science, the Nation’s highest scientific tana State University in 1941, he re- The U.S. Army Corps of Engineers’ honor. ceived his Ph.D. in microbiology from missions in the Pacific region have ex- Because scientific knowledge about the University of Chicago and then panded exponentially since the unit’s viruses was so limited when he began joined E. R. Squibb & Sons. There, he conception in 1905 when LT John Slat- his career, Dr. Hilleman said that trial developed a vaccine against Japanese B tery was designated as Honolulu Dis- and error, sound judgment and luck encephalitis to protect American trict Engineer on the Island of Oahu. drove much of his research. Luck troops in the World War II Pacific of- The mission of the Twelfth Light- played a major role in the discovery of fensive. In 1948, he moved to the Walter house District was to design and con- adenoviruses. Dr. Hilleman flew a team Reed Army Medical Center and stayed struct lighthouses for navigation, ac- to Missouri to collect specimens from until 1957, when Vannevar Bush, then quire land for military fortifications, troops suffering from influenza. But by chairman of Merck and a former direc- improve the harbors and expand the the time his team arrived, influenza tor of the Federal Office of Scientific Corps’ services to other Pacific islands. had died out. Fearing that he would be Research and Development in World In its first 100 years, the Honolulu fired for an expensive useless exercise, War II, persuaded him to direct a virus District has supported the military in Dr. Hilleman seized on his observation research program for the drug com- peace and in war, helped protect the is- of the occurrence of a fresh outbreak of pany. land from enemies and forces of nature, a different disease. His team discovered After retiring as senior vice president protected the environment and wet- three new types of adenoviruses among for Merck research laboratories in 1984, lands, and added to Hawaii’s economic the troops. Dr. Hilleman continued to work on growth. In the early 1950s, he made a dis- vaccines, saying they were needed for HED’s legacy includes: the creation covery that helps prevent influenza. He at least 20 diseases, including AIDS. of Sand Island; the acquisition of Fort detected a pattern of genetic changes Dr. Hilleman is survived by his wife, DeRussy area in Waikiki; the expan- that the influenza virus undergoes as it Lorraine, a retired nurse; two daugh- sion of Honolulu Harbor; the repair of mutates. The phenomenon is known as ters, Jeryl Lynn of Palo Alto, CA., and Hickam, Wheeler and Pearl Harbor air- drift—minor changes—and shift—- Kirsten J. of New York City; two fields after the December 1941 attack; major changes. Vaccine manufacturers brothers, Victor, of Fontana, CA., and the construction of the National Me- take account of drift in choosing the Norman, of Santa Barbara, CA.; and morial Cemetery of the Pacific at strains of influenza virus included in five grandchildren. His daughter Jeryl Punchbowl, the Tripler Army Medical the vaccines that are freshly made Lynn is at least in part responsible for Center, the Hale Koa Hotel and numer- each influenza season. Shifts can her- the mumps vaccine. In 1963, when her ous military and federal construction ald a large outbreak or pandemic of in- salivary glands started to swell with projects; and the creation of the fluenza, and Dr. Hilleman was the first the disease, Dr. Hilleman swabbed her Kaneohe-Kailua Dam, as well as a host to detect the shift that caused the 1957 throat and went on to isolate the virus. of disaster mitigation and assistance Asian influenza pandemic. He read an He then weakened it and within 4 years measures. article in the New York Times on April had produced the now-standard mumps At the beginning of the 20th century, 17, 1957, about influenza among infants vaccine. The weakened strain bears her HED constructed six deep-draft harbors in Hong Kong—cases that had escaped name. on the five major Hawaiian Islands and detection from the worldwide influenza Mr. President, it is an honor for me three crucial lighthouses for naviga- surveillance systems. At the time, he to pay my respects to such a great and tion. directed the central laboratory for accomplished man as Dr. Maurice Under Slattery’s command, the Dis- worldwide military influenza surveil- Hilleman. And it is an honor for me to trict began transforming the swampy lance and was sure that the cases rep- call him a fellow Montanan. coral reef used as a quarantine station resented the advent of an influenza in Honolulu Harbor into what is now f pandemic. So he immediately sent for known as Sand Island. Lt. Slattery’s specimens from Hong Kong and helped ADDITIONAL STATEMENTS contributions are honored today with isolate a new strain of influenza virus. the Lt. John R. Slattery Bridge which He also demanded that breeders keep connects Sand Island with the City of roosters that would otherwise have 100 YEARS OF EXEMPLARY Honolulu. been slaughtered so they could fertilize SERVICE He later purchased the 74-acre Fort enough eggs to prepare 40 million doses ∑ Mr. INOUYE. Mr. President, on April DeRussy area in Waikiki for just $2,700 of influenza to protect Americans 15, the U.S. Army Corps of Engineers, an acre for use as a military fortifica- against the 1957 influenza strain. Honolulu Engineer District, HED, will tion. At the time, the land was little Standing tall at six-foot-one and celebrate 100 years of exemplary serv- more than a swampy parcel. Today the wearing reading glasses that rested on ice to Hawaii, the Pacific region, the area provides a valuable green oasis in the tip of his nose, Dr. Hilleman de- U.S. military and the Nation. the heart of Waikiki. scribed himself as a renegade. He often For an entire century, the District Throughout the 20th century, HED participated in scientific meetings, has served with pride and distinction. I supported Oahu’s defense by building a where he could be irascible while amus- have personally witnessed their hard multitude of coastal fortifications in- ing his colleagues with profane asides. work and dedication to improve the cluding Pearl Harbor, Forts Ruger,

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3648 CONGRESSIONAL RECORD — SENATE April 14, 2005 Armstrong, Weaver, Barrette and Ka- tional Memorial Cemetery of the Pa- power to Florida, Louisiana, Alabama mehameha as well as Batteries Ran- cific at Punchbowl, and flood control and South Carolina in response to the dolph, Williston, Hatch, and Harlow. and shore protection projects critical devastation by Hurricanes Ivan, Char- Changes in technology and the ap- to the safety and future enjoyment of ley, and Frances. proach of World War I changed HED’s many communities. HED today continues to serve a vari- missions. Batteries and forts were sup- Tripler Army Medical Center, com- ety of missions in a region of 12 million plemented with artillery fire control monly known as the ‘‘Pink Lady,’’ was square miles from Hawaii to Micro- and submarine mine defense systems. completed in 1948 at a cost of $40 mil- nesia an area of operations spanning As cars began replacing horse-drawn lion. The 14-story, 1,500-bed hospital five time zones, the equator and the was an extensive project featuring 12 wagons, HED built new roads and tun- international dateline. This they have separate buildings—each constructed nels to transport equipment and done with the utmost of profes- separately to make the Medical Center troops. The District enlarged Honolulu sionalism, integrity and an unwavering earthquake-resistant. Today, Tripler Harbor to 1,000 feet long and 800 feet commitment to service. wide—a critical project because the continues serving military members newly-created Panama Canal had and their families from around the Pa- I am truly honored to have the Hono- transformed Honolulu into a major cific, as well as Hawaii’s veterans and lulu Engineer District in my home port-of-call for ships needing coal and military retirees. State. They serve as ‘‘America’s Engi- supplies. During the 1960s and 1970s, new Fed- neers in the Pacific.’’ I have no doubt The District’s role in the Pacific in- eral policies further expanded HED’s that they will continue their service creased dramatically during World War duties. The National Environmental and legacy with pride and aloha for the II. At the height of the war, HED em- Policy Act of 1969 required the Corps to next hundred years and beyond. Happy ployed more than 26,000 people. Not prepare environmental impact state- Birthday. Congratulations on a job only was the District creating the new ments, EIS, on all proposed federal ac- well done. On behalf of a grateful Na- airfield ferry routes and repairing the tions affecting the environment. The tion, thank you for your service.∑ damaged airfields at Hickam, Wheeler Clean Water Act of 1977 brought and Pearl Harbor, but the District was changes to the Corps’ regulatory mis- f also tasked with additional responsibil- sion and required the Corps to issue ities beyond its normal realm. permits for all dredged or fill material. MR. RALPH DREES The District was suddenly respon- The Corps was now responsible for all sible for determining shipping prior- the nation’s water and wetlands—a ∑ Mr. BUNNING. Mr. President, I pay ities in the harbor; converting sugar- scope that now stretches far beyond tribute and congratulate Mr. Ralph cane and pineapple plantations to vege- navigable waters. This began the Drees of Northern KY, who was re- table farms; organizing a rationing pro- Corps’ mission as ‘‘Stewards of the En- cently honored with one of the ‘‘Mov- gram for oil and other consumer goods; vironment.’’ ers and Shakers’’ awards for the Great- camouflaging equipment and land- The 1970s were also a time of internal er Cincinnati area. Mr. Drees’ life ac- marks; building trenches and air raid change for the District. In 1973, the complishments and dedication to Com- shelters; erecting radar stations and functions of the Pacific Ocean Division monwealth of Kentucky have given me excavating extensive underground and the Honolulu Engineer District reason to be proud. rooms and tunnels for ammunition were merged to form a single operating Mr. Drees was born in 1934 and grew division. The Division moved from Fort storage. up in Wilder, KY. After graduating Before war was declared, the District Armstrong to its present location at from Newport Catholic High School in Fort Shafter on Oahu. had been creating a new Airfield Ferry 1952, he was drafted and went on to Civil works and capital improvement Route System. The original route from serve in the Army Corps of Engineers. programs expanded to Guam, American the Philippines, Marianas, Wake Is- Samoa, Kwajalein and the Common- At the age of 23 he returned home to land, Midway, Hawaii to California was wealth of the Northern Mariana Is- Kentucky to join his father and broth- considered vulnerable to Japanese at- lands. Main projects on Oahu included er in the family business. This busi- tack. New air ferry routes to the east building military housing and improv- ness, the Drees Company, has grown to and south were necessary to the war ef- ing facilities at Hickam AFB, Wheeler, become the largest privately held comfort and the military buildup in Aus- Schofield, Aliamanu and Fort Shafter. pany within the greater Cincinnati tralia. In 1973, HED began construction of area. Building seven runways and support the Hale Koa Military Rest and Rec- Throughout his life, Mr. Drees has al- facilities on small, remote islands pre- reational Hotel at Fort DeRussy in ways been active in civic affairs in sented a number of challenges involv- Waikiki. The original highrise hotel Northern Kentucky. He’s served as an ing materials, manpower and water tower has 416 rooms, 15 floors and was Erlanger councilman, president of shortages, communication, transpor- built for $15.7 million. Home Builders Association of Northern tation and geographical topography. Nearby Battery Randolph was trans- Kentucky and member of the Northern The southern route, from California, formed into the U.S. Army Museum. Kentucky Area Planning Commission. Hawaii, Christmas, Canton, Fiji, New The second floor of the museum today In 1990, he was named the Northern Caledonia to Australia and the eastern houses the U.S. Army Corps of Engi- Kentucky Chamber of Commerce’s route, from Christmas, Penrhyn, neers Pacific Regional Visitors Center. Business Person of the year. Aitutaki, Tongatabu, Norfolk to Syd- The Corps’ responsibilities were fur- The ‘‘Movers and Shakers’’ award of ney, were finished by the 1-year anni- ther expanded in 1980 with the addition Northern Kentucky is an annual award versary of the attack on Pearl Har- of an Emergency Management Divi- presented to honor those within the bor—an impressive accomplishment by sion. In July 2002, HED disaster recov- any standard. ery specialists provided support in the Greater Cincinnati region who stand as When the war ended, HED had con- wake of Typhoon Chataan. Just 6 an example for all. It is presented by structed 69 miles of runways and months later, HED responded swiftly in the Kentucky Enquirer, the Sales and taxiways, and 2,700,000 square yards of December 2002 when Pacific Ocean Di- Marketing Council of Northern Ken- aircraft parking area. vision disaster recovery specialists tucky, The Home Builders Association Although the District’s workload di- were called upon and arrived 2 days of Northern Kentucky and The Ken- minished after the war, the post-war after Super Typhoon Pongsona dev- tucky Post. years were anything but quiet as HED astated Guam with 184-mph winds. As a U.S. Senator from Kentucky, I continued to supply engineering troops Within 2 weeks, more than 100 mem- appreciate the devotion Mr. Drees has overseas and to dispose of real estate bers from all eight Corps of Engineers shown over the years to the citizens of on the islands. divisions were on the ground to execute Kentucky. I commend his efforts and The Corps was also busy with major a $20 million in disaster cleanup. hope his example of dedication and endeavors including construction of In the fall of 2004, HED sent emer- hard work will serve as an inspiration Tripler Army Medical Center, the Na- gency management teams and man- to the entire State.∑

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3649 HONORING DR. PATRICK J. for Civic Education, the We the People ernmental cooperation from my home SCHLOSS program is funded by the U.S. Depart- State of Colorado: the Denver Regional ∑ Mr. JOHNSON. Mr. President, I rise ment of Education by act of Congress. Council of Governments, known as I am proud to announce that the today to publicly recognize the inau- DRCOG. class from Spearfish High School will guration of Dr. Patrick J. Schloss as DRCOG is a nonprofit, cooperative ef- represent the state of South Dakota in the 15th President of Northern State fort of the 51 county and municipal this national event. These young schol- University in Aberdeen, SD. governments in the Denver metropoli- ars have worked conscientiously to A dedicated scholar, diligent educa- tan area, representing two and a half reach the national finals by partici- million residents, with another million tor and attentive family man, Dr. pating at local and statewide competi- Schloss certainly deserves this great expected by 2030, across eight counties: tions. As a result of their experience, Adams, Arapahoe, Boulder, Broomfield, honor and responsibility. After obtain- they have gained a deep knowledge and ing both his bachelors degree in special Clear Creek, Denver, Douglas, Gilpin understanding of the fundamental prin- and Jefferson. It was founded 50 years education and his masters degree in ciples and values of our constitutional counseling from Illinois State Univer- ago as the Inter-County Regional Plan- democracy. ning Association, conceived as a place sity, Patrick went on to earn his doc- The 3-day We the People national torate in rehabilitation psychology where local officials could work coop- competition is modeled after hearings eratively to solve the region’s prob- from the University of Wisconsin. in the U.S. Congress. The hearings con- Dr. Schloss is a man of great scholar- lems. And it is a voluntary organiza- sist of oral presentations by high tion—the members are choosing to ship and knowledge. A prolific writer school students before a panel of adult and frequent contributor to profes- work together for mutual benefit. judges on constitutional topics. The DRCOG champions efforts in a num- sional literature, his writings about students are given an opportunity to special education methods relating to ber of areas, including services for sen- demonstrate their knowledge while iors, transportation and commuter so- vocational education and community they evaluate, develop, and defend po- integration are studied in colleges and lutions, public safety training and test- sitions on relevant historical and con- ing, where it has repeatedly benefited universities throughout the Nation. temporary issues. Their testimony is from the highly successful COPS Pro- Prior to joining the faculty of followed by a period of questioning by gram, as well as regional growth and Bloomsburg University in Pennsyl- the judges, who probe the students’ water quality plans. It has focused on vania, Dr. Schloss held numerous ad- depth of understanding and ability to long-term plans to solve these issues, ministrative and academic positions at apply their constitutional knowledge. the University of Missouri and Penn- The We the People program provides including developing understandable, sylvania State University. While at curricular materials at upper elemen- fair and objective project selection Bloomsburg, he served as assistant vice tary, middle, and high school levels. processes for regional projects eligible president and dean of graduate studies The curriculum not only enhances stu- for Federal, State and local funds and a from 1994 until 2000, when he was ap- dents’ understanding of the institu- long-term regional growth plan. Last night was DRCOG’s Annual pointed provost and vice president for tions of American constitutional de- Awards Dinner, where it will hand out academic affairs. Under Patrick’s di- mocracy, it also helps them identify a number of awards, including the John rection, Bloomsburg’s enrollment not the contemporary relevance of the Con- V. Christensen Memorial Award. only increased 12 percent, but the uni- stitution and Bill of Rights. Critical Named after one of DRCOG’s co- versity launched its undergraduate en- thinking exercises, problem-solving ac- founders, the late John Christensen gineering and doctoral programs, as tivities, and cooperative learning tech- was a county commissioner for well. niques help develop participatory skills Arapahoe County and one of the Den- In addition to his passion for edu- necessary for students to become ac- ver area’s biggest proponents of cooper- cation, Dr. Schloss served as president tive, responsible citizens. ative problem solving for the metro of the Pennsylvania Association of The class from Spearfish High School area. The Christensen award will go to- Graduate Schools, and also held board, is currently preparing for their partici- night to a regionalist who has dis- committee, and task force appoint- pation in the national competition in played outstanding commitment to ments on behalf of the Council for Ex- Washington, DC. It is inspiring to see working for the region’s common good. ceptional Children and the Association these young people advocate the funda- Past award recipients have included for Retarded Citizens. mental ideals and principles of our Colorado State legislators, mayors, It is an honor for me to share Dr. Government, ideas that identify us as a county commissioners, as well as coun- Schloss’s accomplishments with my people and bind us together as a na- ty planners, regional leaders, and oth- colleagues and to publicly commend tion. It is important for future genera- ers during the award’s 32-year history. him for his extraordinary academic ca- tions to understand these values and DRCOG has strived to speak, as its reer. Serving as president of Northern principles that we hold as standards in motto says, ‘‘With One Voice.’’ Its State University is an honor he richly our endeavor to preserve and realize members have eschewed partisanship deserves, and I am certain he will prove the promise of our constitutional de- and ideological bickering to focus on a to be a tremendous asset to the univer- mocracy. Congratulations to Bethany single goal: Cooperative problem solv- sity and the entire Aberdeen commu- Baker, Brandon Bentley, Hannah ing that benefits all of the people of nity. On behalf of all South Dakotans, Bucher, Meghan Byrum, Joe Cooch, the Denver metro area. By coming to I would like to congratulate Dr. Jenna Eddy, Elise Foltz, Amber Ginter, Meggan Joachim, Frankelly Martinez the table with the commitment to Schloss and wish him all the best.∑ Garcia, Lauren Meyers, Jason Nies, work towards a common solution, f Emily Oldekamp, Aly Oswald, Jessica DRCOG has exemplified what we seek HONORING THE SPEARFISH HIGH Richey, Lauren Schempf, Lindsay in our leaders: Thoughtful consider- SCHOOL PARTICIPANTS IN THE Senden, Janette Sigle, Nick Smith, ation and deliberate action. DRCOG is exactly the kind of effort ‘‘WE THE PEOPLE’’ COMPETITION Brent Swisher, Calli Tetrault, Kaysie Tope, and their teacher, Patrick to which we all aspire, a place for ideas ∑ Mr. JOHNSON. Mr. President, on Gainey. I wish these young constitu- and insight, for working in a non- April 30–May 2, 2005, more than 1,200 tional scholars the very best at the We partisan fashion across jurisdictional students from across the United States the People national finals.∑ lines. I applaud the accomplishments will visit Washington, DC, to compete f and efforts of the Denver Regional in the national finals of We the People: Council of Governments and look for- The Citizen and the Constitution Pro- RECOGNIZING THE 50TH ANNIVER- ward to its continued success.∑ SARY OF THE DENVER RE- gram. This is the most extensive edu- f cational program in the country devel- GIONAL COUNCIL OF GOVERN- oped specifically to educate young peo- MENTS (DRCOG) MESSAGES FROM THE PRESIDENT ple about the Constitution and the Bill ∑ Mr. SALAZAR. Mr. President, I rise Messages from the President of the of Rights. Administered by the Center today to recognize a model of intergov- United States were communicated to

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3650 CONGRESSIONAL RECORD — SENATE April 14, 2005 the Senate by Ms. Evans, one of his H.R. 483. An act to designate a United mitting, pursuant to law, the report of a rule secretaries. States courthouse in Brownsville, Texas, as entitled ‘‘Establishment of Class E2 Air- the ‘‘Reynaldo G. Garza and Filemon B. Vela space; Lawrence, KS’’ ((RIN2120–AA66) (2005– f United States Courthouse’’; to the Com- 0052)) received on April 4, 2005; to the Com- EXECUTIVE MESSAGES REFERRED mittee on Environment and Public Works. mittee on Commerce, Science, and Transpor- H.R. 1463. An act to designate a portion of tation. As in executive session the Presiding the Federal building located at 2100 EC–1705. A communication from the Pro- Officer laid before the Senate messages Jamieson Avenue, in Alexandria, Virginia, as gram Analyst, Federal Aviation Administra- from the President of the United the ‘‘Justin W. Williams United States At- tion, Department of Transportation, trans- States submitting sundry nominations torney’s Building’’; to the Committee on En- mitting, pursuant to law, the report of a rule which were referred to the appropriate vironment and Public Works. entitled ‘‘Establishment of Class E2 Air- committees. f space; and Modification of Class E5 Airspace; (The nominations received today are Newton, IA ‘‘ ((RIN2120–AA66) (2005–0067)) re- EXECUTIVE AND OTHER ceived on April 4, 2005; to the Committee on printed at the end of the Senate pro- COMMUNICATIONS Commerce, Science, and Transportation. ceedings.) EC–1706. A communication from the Pro- The following communications were f gram Analyst, Federal Aviation Administra- laid before the Senate, together with tion, Department of Transportation, trans- MESSAGES FROM THE HOUSE accompanying papers, reports, and doc- mitting, pursuant to law, the report of a rule At 2:10 p.m., a message from the uments, and were referred as indicated: entitled ‘‘Establishment of Class E2 Air- House of Representatives, delivered by EC–1697. A communication from the Pro- space; and Modification of Class E5 Airspace; Ms. Niland, one of its reading clerks, gram Analyst, Federal Aviation Administra- Newton, KS’’ ((RIN2120–AA66) (2005–0073)) received on April 4, 2005; to the Committee on announced that the House has passed tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. the following bills, in which it requests entitled ‘‘CORRECTION: Modification of Re- EC–1707. A communication from the Pro- the concurrence of the Senate: stricted Areas 5103A, 5103B, and 5103C, and gram Analyst, Federal Aviation Administra- H.R. 8. An act to make the repeal of the es- Revocation of Restricted Area 5103D; tion, Department of Transportation, trans- tate tax permanent. McGregor, NM’’ ((RIN2120–AA66) (2005–0054)) mitting, pursuant to law, the report of a rule H.R. 483. An act to designate a United received on April 4, 2005; to the Committee entitled ‘‘Revision of Class E Airspace; Point States courthouse in Brownsville, Texas, as on Commerce, Science, and Transportation. Lay, AK’’ ((RIN2120–AA66) (2005–0063)) re- the ‘‘Reynaldo G. Garza and Filemon B. Vela EC–1698. A communication from the Pro- ceived on April 4, 2005; to the Committee on United States Courthouse’’. gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. H.R. 787. An act to designate the United tion, Department of Transportation, trans- EC–1708. A communication from the Pro- States courthouse located at 501 I Street in mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Sacramento, California, as the ‘‘Robert T. entitled ‘‘Revision of Colored Federal Air- tion, Department of Transportation, trans- Matsui United States Courthouse’’. way; AK’’ ((RIN2120–AA66) (2005–0045)) re- mitting, pursuant to law, the report of a rule H.R. 1463. An act to designate a portion of ceived on April 4, 2005; to the Committee on entitled ‘‘Establishment of Class E2 Air- the Federal building located at 2100 Commerce, Science, and Transportation. space; and Modification of Class E5 Airspace; Jamieson Avenue, in Alexandria, Virginia, as EC–1699. A communication from the Pro- Ames, IA’’ ((RIN2120–AA66) (2005–0072)) re- the ‘‘Justin W. Williams United States At- gram Analyst, Federal Aviation Administra- ceived on April 4, 2005; to the Committee on torney’s Building’’. tion, Department of Transportation, trans- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–1709. A communication from the Pro- At 3:41 p.m., a message from the entitled ‘‘Establishment of VOR Federal Air- gram Analyst, Federal Aviation Administra- House of Representatives, delivered by way 623’’ ((RIN2120–AA66) (2005–0044)) re- tion, Department of Transportation, trans- Mr. Hays, one of its reading clerks, an- ceived on April 4, 2005; to the Committee on mitting, pursuant to law, the report of a rule nounced that the House has passed the Commerce, Science, and Transportation. entitled ‘‘Establishment of Class E2 Air- space; and Modification of Class E5 Airspace; following bill, without amendment: EC–1700. A communication from the Pro- gram Analyst, Federal Aviation Administra- Ankeny, IA’’ ((RIN2120–AA66) (2005–0071)) re- S. 256. An act to amend title 11 of the tion, Department of Transportation, trans- ceived on April 4, 2005; to the Committee on United States Code, and for other purposes. mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. EC–1710. A communication from the Pro- f entitled ‘‘Establishment of Class D and E Airspace; Olive Branch, MS and Amendment gram Analyst, Federal Aviation Administra- ENROLLED BILLS SIGNED of Class E Airspace; Memphis TN’’ ((RIN2120– tion, Department of Transportation, transmitting, pursuant to law, the report of a rule At 4:27 p.m., a message from the AA66) (2005–0043)) received on April 4, 2005; to the Committee on Commerce, Science, and entitled ‘‘Amendment of Class E, E2, and E4 House of Representatives, delivered by Transportation. Airspace; Columbus Lawson AAF, GA, and Mr. Hays, one of its reading clerks, an- EC–1701. A communication from the Pro- Class E5 Airspace; Columbus, GA: CORREC- nounced that the Speaker of the House gram Analyst, Federal Aviation Administra- TION’’ ((RIN2120–AA66) (2005–0074)) received of Representatives has signed the fol- tion, Department of Transportation, trans- on April 4, 2005; to the Committee on Com- lowing enrolled bill: mitting, pursuant to law, the report of a rule merce, Science, and Transportation. EC–1711. A communication from the Pro- S. 256. An act to amend title 11 of the entitled ‘‘Revocation of Class D Airspace; gram Analyst, Federal Aviation Administra- United States Code, and for other purposes. South Lake Tahoe, CA’’ ((RIN2120–AA66) tion, Department of Transportation, trans- The enrolled bill was signed subse- (2005–0042)) received on April 4, 2005; to the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule quently by the President pro tempore Transportation. entitled ‘‘Revision of Class E Airspace; (Mr. STEVENS). EC–1702. A communication from the Pro- Ketchikan, AK’’ ((RIN2120–AA66) (2005–0062)) gram Analyst, Federal Aviation Administra- received on April 4, 2005; to the Committee At 5:25 p.m., a message from the tion, Department of Transportation, trans- on Commerce, Science, and Transportation. House of Representatives, delivered by mitting, pursuant to law, the report of a rule EC–1712. A communication from the Pro- one of its clerks, announced that the entitled ‘‘Establishment of Class E2 Air- gram Analyst, Federal Aviation Administra- Speaker has signed the following en- space; Wichita Colonel James Jabara Air- tion, Department of Transportation, trans- rolled bill: port, KS’’ ((RIN2120–AA66) (2005–0050)) re- mitting, pursuant to law, the report of a rule ceived on April 4, 2005; to the Committee on entitled ‘‘Amendment to Class E Airspace; H.R. 1134. An act to amend the Internal Commerce, Science, and Transportation. Presque Isle, ME’’ ((RIN2120–AA66) (2005– Revenue Code of 1986 to provide for the prop- EC–1703. A communication from the Pro- 0079)) received on April 4, 2005; to the Com- er tax treatment of certain disaster mitiga- gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- tion payments. tion, Department of Transportation, trans- tation. The enrolled bill was signed subse- mitting, pursuant to law, the report of a rule EC–1713. A communication from the Pro- quently by the President pro tempore entitled ‘‘Establishment of Class E2 Air- gram Analyst, Federal Aviation Administra- (Mr. STEVENS). space; and Modification of Class E5 Airspace; tion, Department of Transportation, trans- Independence, KS’’ ((RIN2120–AA66) (2005– mitting, pursuant to law, the report of a rule f 0051)) received on April 4, 2005; to the Com- entitled ‘‘Airworthiness Directives: The MEASURES REFERRED mittee on Commerce, Science, and Transpor- Cessna Aircraft Company Models C208 and tation. C208B Airplanes; REQUEST FOR COM- The following bills were read the first EC–1704. A communication from the Pro- MENTS’’ ((RIN2120–AA64) (2005–0172)) re- and the second times by unanimous gram Analyst, Federal Aviation Administra- ceived on April 4, 2005; to the Committee on consent, and referred as indicated: tion, Department of Transportation, trans- Commerce, Science, and Transportation.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3651 EC–1714. A communication from the Pro- a rule entitled ‘‘Steel Import Monitoring and EC–1732. A communication from the Acting gram Analyst, Federal Aviation Administra- Analysis System’’ (RIN0625–AA64) received Director, Office of Sustainable Fisheries, Na- tion, Department of Transportation, trans- on April 4, 2005; to the Committee on Com- tional Marine Fisheries Service, Department mitting, pursuant to law, the report of a rule merce, Science, and Transportation. of Commerce, transmitting, pursuant to law, entitled ‘‘Aging Aircraft Safety; DISPOSI- EC–1724. A communication from the Acting the report of a rule entitled ‘‘Closure of TION OF COMMENTS’’ ((RIN2120–AE42) Director, Office of Sustainable Fisheries, Na- Groundfish by Vessels Using Non-Pelagic (2005–0001)) received on April 4, 2005; to the tional Marine Fisheries Service, Department Trawl Gear in the Red King Crab Savings Committee on Commerce, Science, and of Commerce, transmitting, pursuant to law, Subarea’’ received on April 7, 2005; to the Transportation. the report of a rule entitled ‘‘NMFS is Pro- Committee on Commerce, Science, and EC–1715. A communication from the Pro- hibiting Directed Fishing for Pollock in Sta- Transportation. gram Analyst, Federal Aviation Administra- tistical Area 610 of the Gulf of Alaska EC–1733. A communication from the Acting tion, Department of Transportation, trans- (GOA)’’ received on April 7, 2005; to the Com- Director, Office of Sustainable Fisheries, Na- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- tional Marine Fisheries Service, Department entitled ‘‘Noise Limitations for Aircraft Op- tation. of Commerce, transmitting, pursuant to law, erations in the Vicinity of Grand Canyon Na- EC–1725. A communication from the Acting the report of a rule entitled ‘‘NMFS is Pro- tional Park’’ (RIN2120–AG34) received on Director, Office of Sustainable Fisheries, Na- hibiting Directed Fishing for Pacific Cod by April 7, 2005; to the Committee on Com- tional Marine Fisheries Service, Department Catcher Vessels 60 Feet (18.3 Meters (m)) merce, Science, and Transportation. of Commerce, transmitting, pursuant to law, Length Overall and Longer Using Hook–and– EC–1716. A communication from the Pro- the report of a rule entitled ‘‘Closure of Di- Line Gear in the Bering Sea and Aleutian Is- gram Analyst, Federal Aviation Administra- rected Fishing for Yellowfin Sole by Vessels lands Management Area (BSAI)’’ received on tion, Department of Transportation, trans- Using Trawl Gear in Bycatch Limitation April 7, 2005; to the Committee on Com- mitting, pursuant to law, the report of a rule Zone 1 of the Bering Sea and Aleutian Is- merce, Science, and Transportation. entitled ‘‘Repair Stations; DELAY OF EF- lands Management Area’’ received on April 7, EC–1734. A communication from the Assist- FECTIVE DATE’’ (RIN2120–AI60) received on 2005; to the Committee on Commerce, ant Administrator, National Marine Fish- April 7, 2005; to the Committee on Com- Science, and Transportation. eries Service, Department of Commerce, merce, Science, and Transportation. EC–1726. A communication from the Acting transmitting, pursuant to law, the report of EC–1717. A communication from the Pro- Director, Office of Sustainable Fisheries, Na- a rule entitled ‘‘Atlantic Highly Migratory gram Analyst, Federal Aviation Administra- tional Marine Fisheries Service, Department Species; Atlantic Bluefin Tuna Quota Speci- tion, Department of Transportation, trans- of Commerce, transmitting, pursuant to law, fications, General Category Effort Controls, mitting, pursuant to law, the report of a rule the report of a rule entitled ‘‘Closure of Pa- and Catch-and-Release Provision’’ ((RIN0648) entitled ‘‘Passenger Facility Charge Pro- cific Cod to Catcher/Processors Using Trawl (I.D. No. 072304B)) received on April 7, 2005; to gram, Non–Hub Pilot Program and Related Gear in Bering Sea and Aleutian Islands the Committee on Commerce, Science, and Changes’’ (RIN2120–AI15) received on April 7, Management Area’’ received on April 7, 2005; Transportation. 2005; to the Committee on Commerce, to the Committee on Commerce, Science, EC–1735. A communication from the Sec- Science, and Transportation. and Transportation. retary, Federal Maritime Commission, trans- EC–1718. A communication from the Pro- EC–1727. A communication from the Acting mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Director, Office of Sustainable Fisheries, Na- entitled ‘‘Update of Existing and Addition of tion, Department of Transportation, trans- tional Marine Fisheries Service, Department New Filing Fees (Docket No. 04–11) received mitting, pursuant to law, the report of a rule of Commerce, transmitting, pursuant to law, on April 7, 2005; to the Committee on Com- entitled ‘‘Rules of Practice in FAA Civil the report of a rule entitled ‘‘Closure of Pa- merce, Science, and Transportation. Penalty Actions; technical amendment’’ cific Cod to Catcher Vessels Using Trawl EC–1736. A communication from the Direc- (RIN2120–ZZ72) received on April 7, 2005; to Gear in Bering Sea and Aleutian Islands tor, Office of Sustainable Fisheries, National the Committee on Commerce, Science, and Management Area’’ received on April 7, 2005; Marine Fisheries Service, Department of Transportation. to the Committee on Commerce, Science, Commerce, transmitting, pursuant to law, EC–1719. A communication from the Pro- and Transportation. the report of a rule entitled ‘‘Atlantic Highly gram Analyst, Federal Aviation Administra- EC–1728. A communication from the Acting Migratory Species; Bluefin Tuna Fisheries; tion, Department of Transportation, trans- Director, Office of Sustainable Fisheries, Na- Angling Category Closure’’ (I.D. No. 030405B) mitting, pursuant to law, the report of a rule tional Marine Fisheries Service, Department received on April 7, 2005; to the Committee entitled ‘‘Emergency Medical Equipment’’ of Commerce, transmitting, pursuant to law, on Commerce, Science, and Transportation. (RIN2120–AI55) received on April 7, 2005; to the report of a rule entitled ‘‘Closure of Di- EC–1737. A communication from the Sec- the Committee on Commerce, Science, and rected Fishing for Pacific Cod by Specified retary of the Commission , Bureau of Com- Transportation. Sectors in the Western and Central Regu- petition, Federal Trade Commission, trans- EC–1720. A communication from the Pro- latory Areas of the Gulf of Alaska (GOA)’’ mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- received on April 7, 2005; to the Committee entitled ‘‘16 CFR Parts 801, 802 and 803 tion, Department of Transportation, trans- on Commerce, Science, and Transportation. Premerger Notification: Reporting and Wait- mitting, pursuant to law, the report of a rule EC–1729. A communication from the Acting ing Period Requirements; Final Rule and entitled ‘‘Rules of Practice in FAA Civil Director, Office of Sustainable Fisheries, Na- Confirming Changes to HSR Formal Inter- Penalty Actions; technical amendment’’ tional Marine Fisheries Service, Department pretations (Issuance of Formal Interpreta- ((RIN2120–ZZ72) (2005–0002)) received on April of Commerce, transmitting, pursuant to law, tion 18 and Repeal of Formal Interpretation 7, 2005 ; to the Committee on Commerce, the report of a rule entitled ‘‘Closure of Pa- 15)’’ (RIN3084–AA91) received on April 7, 2005; Science, and Transportation. cific Cod by Catcher/Processor Vessels Using to the Committee on Commerce, Science, EC–1721. A communication from the Execu- Hook-and-Line Gear in the Bering Sea and and Transportation. tive Director, Air Transportation Stabiliza- Aleutian Islands Management Area’’ re- EC–1738. A communication from the Legal tion Board, transmitting, pursuant to law , ceived on April 7, 2005; to the Committee on Advisor to the Bureau Chief, Media Bureau, the report of a rule entitled ‘‘14 CFR Chapter Commerce, Science, and Transportation. Federal Communications Commission, trans- VI, Subchapter B, Air Transportation Sta- EC–1730. A communication from the Acting mitting, pursuant to law, the report of a rule bilization Board, PART 1310, Air Carrier Director, Office of Sustainable Fisheries, Na- entitled ‘‘Amendment of Section 73.202(b), Guarantee Loan Program Administrative tional Marine Fisheries Service, Department Table of Allotments, FM Broadcast Stations Regulations and Amendment or Waiver of a of Commerce, transmitting, pursuant to law, (Evergreen, Alabama, and Shalimar, Flor- Term or Condition of a Guaranteed Loan’’ the report of a rule entitled ‘‘Notice of Fish- ida’’ (MB Docket No. 04–219) received on (RIN1505–AA98) received March 28, 2005; to ing Season Dates for the Sablefish Fixed April 7, 2005; to the Committee on Com- the Committee on Commerce, Science, and Gear Individual Fishing Quota (IFQ) Pro- merce, Science, and Transportation. Transportation. gram’’ received on April 7, 2005; to the Com- EC–1739. A communication from the Legal EC–1722. A communication from the Dep- mittee on Commerce, Science, and Transpor- Advisor to the Bureau Chief, Media Bureau, uty Assistant Secretary for Export Adminis- tation. Federal Communications Commission, trans- tration, Bureau of Industry and Security, EC–1731. A communication from the Acting mitting, pursuant to law, the report of a rule Department of Commerce, transmitting, pur- Director, Office of Sustainable Fisheries, Na- entitled ‘‘Amendment of Section 73.202(b), suant to law, the report of a rule entitled tional Marine Fisheries Service, Department Table of Allotments, FM Broadcast Stations ‘‘Amendments Affecting the Country Scope of Commerce, transmitting, pursuant to law, (Chillicothe, Dublin, Hillsboro, and Marion, of the End-User/End-Use Controls in Section the report of a rule entitled ‘‘NMFS is Pro- Ohio)’’ (MB Docket No. 02–266, RM–10557) re- 744.4 of the Export Administration Regula- hibiting Directed Fishing for Pacific Cod by ceived on April 7, 2005 ; to the Committee on tions (EAR)’’ (RIN0694–AD15) received on Catcher Vessels Less than 60 ft (18.3 meters Commerce, Science, and Transportation. April 11, 2005; to the Committee on Com- (m)) length overall (LOA) Using Jig or Hook- EC–1740. A communication from the Acting merce, Science, and Transportation. and-Line Gear in the Bogoslof Pacific Cod Chief, Consumer and Governmental Affairs EC–1723. A communication from the Direc- Exemption Area of the Bering Sea and Aleu- Bureau, Federal Communications Commis- tor, Industry Programs , International Trade tian Islands Management Area’’ received on sion, transmitting, pursuant to law, the re- Administration, Department of Commerce, April 7, 2005; to the Committee on Com- port of a rule entitled ‘‘Rules and Regula- transmitting, pursuant to law, the report of merce, Science, and Transportation. tions Implementing the Telephone Consumer

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3652 CONGRESSIONAL RECORD — SENATE April 14, 2005 Protection Act of 1991, CG Docket No. 02–278 Andrew Kunicki and ending with Lindsey M. S. 785. A bill to amend the Internal Rev- Second Order on Reconsideration’’ (FCC 05– Vandenberg, which nominations were re- enue Code of 1986 to modify the small refiner 28) received on April 7, 2005; to the Com- ceived by the Senate and appeared in the exception to the oil depletion deduction; to mittee on Commerce, Science, and Transpor- Congressional Record on April 4, 2005. the Committee on Finance. tation. By Mr. SPECTER for the Committee on By Mr. SANTORUM: EC–1741. A communication from the Acting the Judiciary. S. 786. A bill to clarify the duties and re- Chief, Consumer and Governmental Affairs Thomas B. Griffith, of Utah, to be United sponsibilities of the National Weather Serv- Bureau, Federal Communications Commis- States Circuit Judge for the District of Co- ice, and for other purposes; to the Com- sion, transmitting, pursuant to law, the re- lumbia Circuit. mittee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Provision of Im- James C. Dever III, of North Carolina, to tation. proved Telecommunications Relay Services be United States District Judge for the East- By Mr. SCHUMER (for himself, Mr. and Speech-to-Speech Services for Individ- ern District of North Carolina. KENNEDY, Mrs. CLINTON, Mr. LEVIN, uals with Hearing and Speech Disabilities, Robert J. Conrad, Jr., of North Carolina, to Mr. DURBIN, Mr. SARBANES, Mr. Order on Reconsideration’’ (FCC 05–48) re- be United States District Judge for the West- KERRY, Mr. CARPER, Mrs. FEINSTEIN, ceived on April 7, 2005; to the Committee on ern District of North Carolina. Ms. MIKULSKI, Mr. LAUTENBERG, and Commerce, Science, and Transportation. By Mr. ROBERTS for the Select Com- Mr. SALAZAR): EC–1742. A communication from the Legal mittee on Intelligence. S. 787. A bill to amend the Internal Rev- Advisor to the Bureau Chief, Media Bureau, *John D. Negroponte, of New York, to be enue Code of 1986 to equalize the exclusion Federal Communications Commission, trans- Director of National Intelligence. from gross income of parking and transpor- mitting, pursuant to law, the report of a rule *Lieutenant General Michael V. Hayden, tation fringe benefits and to provide for a entitled ‘‘Amendment of Section 73.202(b), United States Air Force, to be Principal Dep- common cost-of-living adjustment, and for Table of Allotments, FM Broadcast Stations uty Director of National Intelligence. other purposes; to the Committee on Fi- (Gunnison, Crawford, and Olathe, *Nomination was reported with rec- nance. Breckenridge, Eagle, Fort Morgan, Green- By Mr. SANTORUM: ommendation that it be confirmed sub- S. 788. A bill to suspend temporarily the wood Village, Loveland, and Stasburg, CO, ject to the nominee’s commitment to and Laramie, WY’’ (MB Docket No. 03–144) duty on Liquid Crystal Device panel assem- received on April 7, 2005; to the Committee respond to requests to appear and tes- blies for use in Liquid Crystal Device direct on Commerce, Science, and Transportation. tify before any duly constituted com- view televisions; to the Committee on Fi- EC–1743. A communication from the Sec- mittee of the Senate. nance. retary of Commerce, transmitting, a report (Nominations without an asterisk By Mr. SANTORUM: of proposed legislation relative to the U .S. were reported with the recommenda- S. 789. A bill to suspend temporarily the Ocean Action Plan; to the Committee on tion that they be confirmed.) duty on Liquid Crystal Device panel assem- Commerce, Science, and Transportation. blies for use in Liquid Crystal Device projec- f EC–1744. A communication from the Assist- tion type televisions; to the Committee on ant Administrator for Fisheries, National INTRODUCTION OF BILLS AND Finance. Oceanic and Atmospheric Administration, JOINT RESOLUTIONS By Mr. SANTORUM: Department of Commerce, transmitting, pur- S. 790. A bill to suspend temporarily the suant to law, the Administration’s 2005 an- The following bills and joint resolu- duty on electron guns for high definition nual report entitled ‘‘Atlantic Highly Migra- tions were introduced, read the first cathode ray tubes; to the Committee on Fi- tory Species’’; to the Committee on Com- and second times by unanimous con- nance. merce, Science, and Transportation. sent, and referred as indicated: By Mr. SANTORUM: S. 791. A bill to suspend temporarily the f By Mr. ENSIGN (for himself, Mr. duty on flat panel screen assemblies for use AKAKA, and Mr. VOINOVICH): in televisions; to the Committee on Finance. REPORTS OF COMMITTEES S. 780. A bill to amend title 10, United By Mr. DORGAN (for himself, Mr. The following reports of committees States Code, to establish the position of Dep- SPECTER, Mr. DAYTON, Mr. COLEMAN, uty Secretary of Defense for Management, were submitted: Mr. CONRAD, Mr. JOHNSON, Mr. and for other purposes; to the Committee on By Mr. SPECTER, from the Committee on LUGAR, and Mr. DURBIN): Armed Services. S. 792. A bill to establish a National sex of- the Judiciary, with an amendment: By Mr. CRAPO: fender registration database, and for other S. 119. A bill to provide for the protection S. 781. A bill to preserve the use and access purposes; to the Committee on the Judici- of unaccompanied alien children, and for of pack and saddle stock animals on land ad- ary. other purposes. ministered by the National Park Service, the By Mr. DURBIN: By Mr. SPECTER, from the Committee on Bureau of Land Management, the United S. 793. A bill to establish national stand- the Judiciary, without amendment: States Fish and Wildlife Service, or the For- ards for discharges from cruise vessels into S. 555. A bill to amend the Sherman Act to est Service on which there is a historical tra- the waters of the United States, and for make oil-producing and exporting cartels il- dition of the use of pack and saddle stock other purposes; to the Committee on Com- legal. animals, and for other purposes; to the Com- merce, Science, and Transportation. f mittee on Energy and Natural Resources. By Mr. HARKIN: By Mr. FEINGOLD: S. 794. A bill to amend title 23, United EXECUTIVE REPORTS OF S. 782. A bill to amend title 37, United States Code, to improve the safety of non- COMMITTEES States Code, to authorize travel and trans- motorized transportation, including bicycle portation for family members of members of The following executive reports of and pedestrian safety; to the Committee on the Armed Forces hospitalized in the United Commerce, Science, and Transportation. committees were submitted: States in connection with non-serious ill- By Mr. DODD (for himself and Mr. Mr. STEVENS. Mr. President, for the Com- nesses or injuries incurred or aggravated in a WARNER): mittee on Commerce, Science, and Transpor- contingency operation, and for other pur- S. 795. A bill to provide driver safety tation I report favorably the following nomi- poses; to the Committee on Armed Services. grants to States with graduated driver li- nation lists which were printed in the By Mr. KYL (for himself, Mr. CORNYN, censing laws that meet certain minimum re- Records on the dates indicated, and ask and Mr. COBURN): quirements; to the Committee on Environ- unanimous consent, to save the expense of S. 783. A bill to repeal the sunset on the ment and Public Works. reprinting on the Executive Calendar that 2004 material-support enhancements, to in- By Ms. MURKOWSKI: these nominations lie at the Secretary’s crease penalties for providing material sup- S. 796. A bill to amend the National Aqua- desk for the information of Senators. port to terrorist groups, to bar from the culture Act of 1980 to prohibit the issuance The PRESIDING OFFICER. Without objec- United States aliens who have received ter- of permits for marine aquaculture facilities tion, it is so ordered. rorist training, and for other purposes; to the until requirements for such permits are en- Coast Guard nominations beginning with Committee on the Judiciary. acted into law; to the Committee on Agri- Curtis L. Sumrok and ending with Jed R. By Mr. THOMAS (for himself and Mrs. culture, Nutrition, and Forestry. Boba, which nominations were received by LINCOLN): By Ms. MURKOWSKI (for herself and the Senate and appeared in the Congres- S. 784. A bill to amend title XVIII of the Mr. STEVENS): sional Record on March 14, 2005. Social Security Act to provide for the cov- S. 797. A bill to amend the Magnuson-Ste- Coast Guard nominations beginning with erage of marriage and family therapist serv- vens Fishery Conservation and Management Michael T. Cunningham and ending with ices and mental health counselor services Act to clarify the status of certain commu- David K. Young, which nominations were re- under part B of the medicare program, and nities in the western Alaska community deceived by the Senate and appeared in the for other purposes; to the Committee on Fi- velopment quota program; to the Committee Congressional Record on March 14, 2005. nance. on Commerce, Science, and Transportation. National Oceanic and Atmospheric Admin- By Mr. LOTT (for himself and Mrs. LIN- By Mr. FEINGOLD (for himself, Mr. istration nominations beginning with Paul COLN): CORZINE, Mr. DAYTON, Mr. DURBIN,

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Mr. LAUTENBERG, Ms. MIKULSKI, and vide owners of non-Federal lands with a reli- and continued service to the Nation during Mrs. MURRAY): able method of receiving compensation for Public Service Recognition Week, May 2 S. 798. A bill to amend the Family and damages resulting from the spread of wild- through 8, 2005; to the Committee on Home- Medical Leave Act of 1993 and title 5, United fire from nearby forested National Forest land Security and Governmental Affairs. States Code, to provide entitlement to leave System lands or Bureau of Land Manage- By Mr. INHOFE (for himself and Mr. to eligible employees whose spouse, son, ment lands, when those forested Federal COBURN): daughter, or parent is a member of the lands are not maintained in the forest health S. Res. 109. A resolution commending the Armed Forces who is serving on active duty status known as condition class 1; to the University of Oklahoma Sooners men’s gym- in support of a contingency operation or who Committee on Energy and Natural Re- nastics team for winning the National Colle- is notified of an impending call or order to sources. giate Athletic Association Division I Mens’ active duty in support of a contingency oper- By Mr. DURBIN (for himself and Ms. Gymnastics Championship; considered and ation, and for other purposes; to the Com- COLLINS): agreed to. mittee on Health, Education, Labor, and S. 808. A bill to encourage energy conserva- By Mr. INHOFE (for himself and Mr. Pensions. tion through bicycling; to the Committee on COBURN): By Mr. KENNEDY: Commerce, Science, and Transportation. S. Res. 110. A resolution commending Okla- S. 799. A bill to amend the Public Health By Mr. LAUTENBERG (for himself, homa State University’s wrestling team for Service Act to provide for the coordination Mr. CORZINE, and Mrs. BOXER): winning the 2005 National Collegiate Ath- of Federal Government policies and activi- S. 809. A bill to establish certain duties for ties to prevent obesity in childhood, to pro- letic Association Division I Wrestling Cham- pharmacies when pharmacists employed by pionship; considered and agreed to. vide for State childhood obesity prevention the pharmacies refuse to fill valid prescrip- and control, and to establish grant programs By Mr. KENNEDY (for himself, Mr. tions for drugs or devices on the basis of per- FRIST, Mr. LEVIN, Mr. KERRY, Ms. MI- to prevent childhood obesity within homes, sonal beliefs, and for other purposes; to the schools, and communities; to the Committee KULSKI, Mr. BOND, Mr. BAYH, Mr. Committee on Health, Education, Labor, and on Health, Education, Labor, and Pensions. AKAKA, Mr. REID, Mr. JOHNSON, Mrs. Pensions. By Ms. COLLINS (for herself, Mr. MURRAY, and Mrs. DOLE): By Mrs. CLINTON: LIEBERMAN, Mr. VOINOVICH, Mr. S. Con. Res. 27. A concurrent resolution S. 810. A bill to regulate the transmission AKAKA, Ms. LANDRIEU, and Mr. DUR- honoring military children during ‘‘National of personally identifiable information to for- BIN): Month of the Military Child’’; considered and S. 800. A bill to amend the District of Co- eign affiliates and subcontractors; to the agreed to. lumbia Home Rule Act to provide the Dis- Committee on the Judiciary. By Mr. HATCH (for himself, Mrs. FEIN- trict of Columbia with autonomy over its f budgets, and for other purposes; to the Com- STEIN, Mr. THUNE, Mr. TALENT, Mr. mittee on Homeland Security and Govern- ALEXANDER, Mr. ALLARD, Mr. ALLEN, mental Affairs. Mr. BAUCUS, Mr. BROWNBACK, Mr. ADDITIONAL COSPONSORS BURNS, Mr. BURR, Mr. CHAMBLISS, Mr. By Mr. NELSON of Florida: S. 7 S. 801. A bill to designate the United COBURN, Mr. COLEMAN, Ms. COLLINS, States courthouse located at 300 North Mr. CORNYN, Mr. CRAIG, Mr. CRAPO, At the request of Mr. KYL, the name Hogan Street, Jacksonville, Florida, as the Mr. DEWINE, Mr. DOMENICI, Mr. EN- of the Senator from Kansas (Mr. ROB- ‘‘John Milton Bryan Simpson United States SIGN, Mr. ENZI, Mr. FRIST, Mr. ERTS) was added as a cosponsor of S. 7, Courthouse’’; to the Committee on Environ- GRAHAM, Mr. GRASSLEY, Mr. INHOFE, a bill to increase American jobs and Mr. KYL, Mrs. LINCOLN, Mr. LOTT, Mr. ment and Public Works. economic growth by making perma- LUGAR, Mr. MCCAIN, Mr. ROBERTS, By Mr. DOMENICI (for himself, Mr. nent the individual income tax rate re- BAUCUS, Mr. BURNS, Mr. JOHNSON, Mr. Mr. SANTORUM, Mr. SESSIONS, Mr. ductions, the reduction in the capital ROBERTS, Mr. BINGAMAN, Mr. ALLARD, SHELBY, Mr. THOMAS, Mr. VITTER, Mr. Mr. WYDEN, Mr. SMITH, Mr. HAGEL, WARNER, Mr. BOND, Mr. BUNNING, Mr. gains and dividend tax rates, and the and Mr. BROWNBACK): DEMINT, Mrs. DOLE, Mr. GREGG, Mr. repeal of the estate, gift, and genera- S. 802. A bill to establish a National HAGEL, Mrs. HUTCHISON, Mr. JOHN- tion-skipping transfer taxes. Drought Council within the Department of SON, Mr. MARTINEZ, Mr. NELSON of S. 78 Agriculture, to improve national drought Nebraska, Ms. SNOWE, Mr. SPECTER, preparedness, mitigation, and response ef- and Mr. STEVENS): At the request of Mrs. HUTCHISON, the forts, and for other purposes; to the Com- S.J. Res. 12. A joint resolution proposing name of the Senator from Georgia (Mr. mittee on Agriculture, Nutrition, and For- an amendment to the Constitution of the CHAMBLISS) was added as a cosponsor of estry . United States authorizing Congress to pro- S. 78, a bill to make permanent mar- By Mr. COLEMAN (for himself and hibit the physical desecration of the flag of riage penalty relief. Mrs. CLINTON): the United States; to the Committee on the S. 803. A bill to amend the Employee Re- Judiciary. S. 172 tirement Income Security Act of 1974, the By Mr. BROWNBACK (for himself and At the request of Mr. DEWINE, the Public Health Service Act, and the Internal Mr. INHOFE): name of the Senator from Kentucky Revenue Code of 1986 to provide parity with S.J. Res. 13. A joint resolution proposing (Mr. BUNNING) was added as a cosponsor respect to substance abuse treatment bene- an amendment to the Constitution of the of S. 172, a bill to amend the Federal fits under group health plans and health in- United States relative to marriage; to the Food, Drug, and Cosmetic Act to pro- surance coverage; to the Committee on Committee on the Judiciary. Health, Education, Labor, and Pensions. vide for the regulation of all contact By Mr. VITTER: f lenses as medical devices, and for other S. 804. A bill to amend the Internal Rev- SUBMISSION OF CONCURRENT AND purposes. enue Code of 1986 to allow certain coins to be SENATE RESOLUTIONS S. 185 acquired by individual retirement accounts and other individually directed pension plan The following concurrent resolutions At the request of Mr. NELSON of Flor- accounts, and for other purposes; to the and Senate resolutions were read, and ida, the names of the Senator from Or- Committee on Finance. referred (or acted upon), as indicated: egon (Mr. SMITH) and the Senator from By Mr. VITTER: By Ms. COLLINS (for herself, Mr. DUR- Arkansas (Mr. PRYOR) were added as S. 805. A bill to amend the Robert T. Staf- cosponsors of S. 185, a bill to amend ford Disaster Relief and Emergency Assist- BIN, Mr. LIEBERMAN, Mr. STEVENS, ance Act to allow the area of a Presi- Mr. VOINOVICH, Mr. AKAKA, Mr. COLE- title 10, United States Code, to repeal dentially declared disaster to include the MAN, Mr. LEVIN, Mr. COBURN, Mr. the requirement for the reduction of outer Continental Shelf; to the Committee DEWINE, Ms. LANDRIEU, and Mr. LAU- certain Survivor Benefit Plan annu- on Homeland Security and Governmental Af- TENBERG): ities by the amount of dependency and fairs. S. Res. 107. A resolution commending indemnity compensation and to modify By Mr. CRAIG (for himself and Mr. Annice M. Wagner, Chief Judge of the Dis- trict of Columbia Court of Appeals, for her the effective date for paid-up coverage AKAKA): under the Survivor Benefit Plan. S. 806. A bil to amend title 38, United public service; to the Committee on Home- States Code, to provide a traumatic injury land Security and Governmental Affairs. S. 267 protection rider to servicemembers insured By Mr. AKAKA (for himself, Mr. At the request of Ms. MURKOWSKI, her under section 1967(a)(1) of such title; to the VOINOVICH, Ms. COLLINS, Mr. name was added as a cosponsor of S. LIEBERMAN, Mr. COLEMAN, Mr. LEVIN, Committee on Veterans’ Affairs. 267, a bill to reauthorize the Secure By Mr. CRAIG (for himself, Mr. CRAPO, Mr. COBURN, and Mr. CARPER): and Mr. SMITH): S. Res. 108. A resolution expressing the Rural Schools and Community Self-De- S. 807. A bill to amend the Federal Land sense of the Senate that public servants termination Act of 2000, and for other Policy and Management Act of 1976 to pro- should be commended for their dedication purposes.

VerDate Aug 31 2005 06:02 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S14AP5.REC S14AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3654 CONGRESSIONAL RECORD — SENATE April 14, 2005 S. 268 ices who is wounded or otherwise in- S. 593 At the request of Mr. HARKIN, the jured while serving in a combat zone At the request of Ms. COLLINS, the name of the Senator from South Caro- continue to be paid monthly military names of the Senator from New Mexico lina (Mr. GRAHAM) was added as a co- pay and allowances, while the member (Mr. BINGAMAN), the Senator from sponsor of S. 268, a bill to provide com- recovers from the wound or injury, at Maine (Ms. SNOWE) and the Senator petitive grants for training court re- least equal to the monthly military from Michigan (Ms. STABENOW) were porters and closed captioners to meet pay and allowances the member re- added as cosponsors of S. 593, a bill to requirements for realtime writers ceived immediately before receiving amend title VII of the Tariff Act of 1930 under the Telecommunications Act of the wound or injury, to continue the to provide that the provisions relating 1996, and for other purposes. combat zone tax exclusion for the to countervailing duties apply to non- S. 285 member during the recovery period, market economy countries. At the request of Mr. BOND, the name and for other purposes. S. 602 of the Senator from Arkansas (Mrs. S. 473 At the request of Ms. MIKULSKI, the LINCOLN) was added as a cosponsor of S. At the request of Ms. CANTWELL, the name of the Senator from South Caro- 285, a bill to reauthorize the Children’s names of the Senator from Arkansas lina (Mr. GRAHAM) was added as a co- Hospitals Graduate Medical Education (Mrs. LINCOLN) and the Senator from sponsor of S. 602, a bill to amend the Program. Washington (Mrs. MURRAY) were added Public Health Service Act to fund as cosponsors of S. 473, a bill to amend S. 300 breakthroughs in Alzheimer’s disease the Public Health Service Act to pro- At the request of Ms. COLLINS, the research while providing more help to mote and improve the allied health name of the Senator from Minnesota caregivers and increasing public edu- professions. (Mr. DAYTON) was added as a cosponsor cation about prevention. S. 484 of S. 300, a bill to extend the temporary S. 614 At the request of Mr. WARNER, the increase in payments under the medi- At the request of Mr. SPECTER, the name of the Senator from Arkansas care program for home health services name of the Senator from South Da- (Mrs. LINCOLN) was added as a cospon- furnished in a rural area. kota (Mr. THUNE) was added as a co- sor of S. 484, a bill to amend the Inter- sponsor of S. 614, a bill to amend title S. 352 nal Revenue Code of 1986 to allow Fed- 38, United States Code, to permit medi- At the request of Ms. MIKULSKI, the eral civilian and military retirees to care-eligible veterans to receive an name of the Senator from Ohio (Mr. pay health insurance premiums on a out-patient medication benefit, to pro- DEWINE) was added as a cosponsor of S. pretax basis and to allow a deduction 352, a bill to revise certain require- for TRICARE supplemental premiums. vide that certain veterans who receive such benefit are not otherwise eligible ments for H–2B employers and require S. 495 for medical care and services from the submission of information regarding H– At the request of Mr. BROWNBACK, the Department of Veterans Affairs, and 2B non-immigrants, and for other pur- name of the Senator from North Caro- for other purposes. poses. lina (Mr. BURR) was added as a cospon- S. 359 sor of S. 495, a bill to impose sanctions S. 619 At the request of Mr. CRAIG, the against perpetrators of crimes against At the request of Mrs. FEINSTEIN, the name of the Senator from Maine (Ms. humanity in Darfur, Sudan, and for name of the Senator from Maine (Ms. SNOWE) was added as a cosponsor of S. other purposes. SNOWE) was added as a cosponsor of S. 359, a bill to provide for the adjustment At the request of Mr. CORZINE, the 619, a bill to amend title II of the So- of status of certain foreign agricultural name of the Senator from California cial Security Act to repeal the Govern- workers, to amend the Immigration (Mrs. FEINSTEIN) was added as a co- ment pension offset and windfall elimi- and Nationality Act to reform the H– sponsor of S. 495, supra. nation provisions. 2A worker program under that Act, to S. 548 S. 638 provide a stable, legal agricultural At the request of Mr. CONRAD, the At the request of Mrs. MURRAY, the workforce, to extend basic legal protec- names of the Senator from Nebraska name of the Senator from North Caro- tions and better working conditions to (Mr. NELSON), the Senator from Iowa lina (Mrs. DOLE) was added as a cospon- more workers, and for other purposes. (Mr. HARKIN) and the Senator from Ne- sor of S. 638, a bill to extend the au- S. 408 braska (Mr. HAGEL) were added as co- thorization for the ferry boat discre- At the request of Mr. DEWINE, the sponsors of S. 548, a bill to amend the tionary program, and for other pur- name of the Senator from Utah (Mr. Food Security Act of 1985 to encourage poses. HATCH) was added as a cosponsor of S. owners and operators of privately-held S. 642 408, a bill to provide for programs and farm, ranch, and forest land to volun- At the request of Mr. FRIST, the activities with respect to the preven- tarily make their land available for ac- name of the Senator from Texas (Mrs. tion of underage drinking. cess by the public under programs ad- HUTCHISON) was added as a cosponsor of ministered by States and tribal govern- S. 420 S. 642, a bill to support certain na- ments. At the request of Mr. KYL, the names tional youth organizations, including S. 555 of the Senator from Florida (Mr. MAR- the Boy Scouts of America, and for At the request of Mr. DEWINE, the other purposes. TINEZ) and the Senator from Mis- name of the Senator from Oklahoma sissippi (Mr. LOTT) were added as co- S. 662 (Mr. COBURN) was added as a cosponsor sponsors of S. 420, a bill to make the of S. 555, a bill to amend the Sherman At the request of Ms. COLLINS, the repeal of the estate tax permanent. Act to make oil-producing and export- name of the Senator from Alaska (Mr. S. 432 ing cartels illegal. STEVENS) was added as a cosponsor of S. 662, a bill to reform the postal laws At the request of Mr. ALLEN, the S. 579 of the United States. name of the Senator from New Jersey At the request of Mr. LIEBERMAN, the (Mr. LAUTENBERG) was added as a co- names of the Senator from South Da- S. 666 sponsor of S. 432, a bill to establish a kota (Mr. JOHNSON) and the Senator At the request of Mr. DEWINE, the digital and wireless network tech- from Arkansas (Mrs. LINCOLN) were name of the Senator from California nology program, and for other pur- added as cosponsors of S. 579, a bill to (Mrs. FEINSTEIN) was added as a co- poses. amend the Public Health Service Act sponsor of S. 666, a bill to protect the S. 461 to authorize funding for the establish- public health by providing the Food At the request of Mr. ROCKEFELLER, ment of a program on children and the and Drug Administration with certain the name of the Senator from Wash- media within the National Institute of authority to regulate tobacco products. ington (Mrs. MURRAY) was added as a Child Health and Human Development S. 772 cosponsor of S. 461, a bill to amend to study the role and impact of elec- At the request of Mr. CORNYN, the title 37, United States Code, to require tronic media in the development of name of the Senator from Illinois (Mr. that a member of the uniformed serv- children. DURBIN) was added as a cosponsor of S.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3655 772, a bill to amend the Internal Rev- AMENDMENT NO. 387 of amendment No. 409 intended to be enue Code of 1986 to expand workplace At the request of Ms. MIKULSKI, the proposed to H.R. 1268, making emer- health incentives by equalizing the tax names of the Senator from South Da- gency supplemental appropriations for consequences of employee athletic fa- kota (Mr. THUNE) and the Senator from the fiscal year ending September 30, cility use. South Dakota (Mr. JOHNSON) were 2005, to establish and rapidly imple- S. CON. RES. 4 added as cosponsors of amendment No. ment regulations for State driver’s li- 387 proposed to H.R. 1268, making emer- cense and identification document se- At the request of Mr. NELSON of Flor- ida, the name of the Senator from gency supplemental appropriations for curity standards, to prevent terrorists the fiscal year ending September 30, from abusing the asylum laws of the North Carolina (Mrs. DOLE) was added as a cosponsor of S. Con. Res. 4, a con- 2005, to establish and rapidly imple- United States, to unify terrorism-re- current resolution expressing the sense ment regulations for State driver’s li- lated grounds for inadmissibility and of the Congress that the Department of cense and identification document se- removal, to ensure expeditious con- Defense should continue to exercise its curity standards, to prevent terrorists struction of the San Diego border statutory authority to support the ac- from abusing the asylum laws of the fence, and for other purposes. tivities of the Boy Scouts of America, United States, to unify terrorism-re- f lated grounds for inadmissibility and in particular the periodic national and STATEMENTS ON INTRODUCED world Boy Scout Jamborees. removal, to ensure expeditious construction of the San Diego border BILLS AND JOINT RESOLUTIONS AMENDMENT NO. 316 fence, and for other purposes. By Mr. KYL (for himself, Mr. At the request of Mr. NELSON of Flor- AMENDMENT NO. 393 CORNYN, and Mr. COBURN): ida, the name of the Senator from Col- At the request of Mr. KENNEDY, the S. 783. A bill to repeal the sunset on orado (Mr. SALAZAR) was added as a co- name of the Senator from Massachu- the 2004 material-support enhance- sponsor of amendment No. 316 intended setts (Mr. KERRY) was added as a co- ments, to increase penalties for pro- to be proposed to H.R. 1268, making sponsor of amendment No. 393 proposed viding material support to terrorist emergency supplemental appropria- to H.R. 1268, making emergency supple- groups, to bar from the United States tions for the fiscal year ending Sep- mental appropriations for the fiscal aliens who have received terrorist tember 30, 2005, to establish and rapidly year ending September 30, 2005, to es- training, and for other purposes; to the implement regulations for State driv- tablish and rapidly implement regula- Committee on the Judiciary. er’s license and identification docu- tions for State driver’s license and Mr. KYL. Mr. President, I rise today ment security standards, to prevent identification document security to introduce the Material Support to terrorists from abusing the asylum standards, to prevent terrorists from Terrorism Prohibition Improvements laws of the United States, to unify ter- abusing the asylum laws of the United Act of 2005. Mr. Barry Sabin, the Chief of the rorism-related grounds for inadmis- States, to unify terrorism-related Counterterrorism Section of the Jus- sibility and removal, to ensure expedi- grounds for inadmissibility and re- tice Department’s Criminal Division, tious construction of the San Diego moval, to ensure expeditious construc- testified as to the importance of the border fence, and for other purposes. tion of the San Diego border fence, and material support statute at a Sep- AMENDMENT NO. 338 for other purposes. tember 13 hearing before the Terrorism At the request of Ms. SNOWE, the AMENDMENT NO. 399 Subcommittee last year. He empha- names of the Senator from Wyoming At the request of Mr. DORGAN, the sized that: (Mr. ENZI), the Senator from Maine name of the Senator from Illinois (Mr. a key element of the [Justice] Department’s (Ms. COLLINS) and the Senator from DURBIN) was added as a cosponsor of strategy for winning the war against ter- Missouri (Mr. TALENT) were added as amendment No. 399 proposed to H.R. rorism has been to use the material support cosponsors of amendment No. 338 in- 1268, making emergency supplemental statutes to prosecute aggressively those intended to be proposed to H.R. 1268, appropriations for the fiscal year end- dividuals who supply terrorists with the sup- making emergency supplemental ap- ing September 30, 2005, to establish and port and resources they need to survive. The propriations for the fiscal year ending rapidly implement regulations for Department seeks to identify and apprehend September 30, 2005, to establish and State driver’s license and identifica- terrorists before they can carry out their rapidly implement regulations for tion document security standards, to plans, and the material support statutes are a valuable tool for prosecutors seeking to State driver’s license and identifica- prevent terrorists from abusing the bring charges against and incapacitate ter- tion document security standards, to asylum laws of the United States, to rorists before they are able to cause death prevent terrorists from abusing the unify terrorism-related grounds for in- and destruction. asylum laws of the United States, to admissibility and removal, to ensure The bill that I introduce today ex- unify terrorism-related grounds for in- expeditious construction of the San pands current law’s exclusion from the admissibility and removal, to ensure Diego border fence, and for other pur- United States of persons who give ma- expeditious construction of the San poses. terial support to terrorism by training Diego border fence, and for other pur- AMENDMENT NO. 400 at a terrorist camp. The bill makes poses. At the request of Mr. JEFFORDS, the such persons inadmissible to the AMENDMENT NO. 342 name of the Senator from Vermont United States, they now only are de- At the request of Mr. DEWINE, the (Mr. LEAHY) was added as a cosponsor portable, and applies these exclusions names of the Senator from Illinois (Mr. of amendment No. 400 intended to be to pre-enactment terrorist training. OBAMA) and the Senator from Con- proposed to H.R. 1268, making emer- Mr. Sabin described at last year’s hear- necticut (Mr. LIEBERMAN) were added gency supplemental appropriations for ing the threat posed by persons who as cosponsors of amendment No. 342 in- the fiscal year ending September 30, have receive training at a terrorist tended to be proposed to H.R. 1268, 2005, to establish and rapidly imple- camp: making emergency supplemental ap- ment regulations for State driver’s li- A danger is posed to the vital foreign pol- propriations for the fiscal year ending cense and identification document se- icy interests and national security of the September 30, 2005, to establish and curity standards, to prevent terrorists United States whenever a person knowingly rapidly implement regulations for from abusing the asylum laws of the receives military-type training from a designated terrorist organization or persons State driver’s license and identifica- United States, to unify terrorism-related grounds for inadmissibility and acting on its behalf. Such an individual tion document security standards, to stands ready to further the malicious intent prevent terrorists from abusing the removal, to ensure expeditious con- of the terrorist organization through ter- asylum laws of the United States, to struction of the San Diego border rorist activity that threatens the security of unify terrorism-related grounds for in- fence, and for other purposes. United States nationals or the national secu- admissibility and removal, to ensure AMENDMENT NO. 409 rity of the United States. expeditious construction of the San At the request of Mr. JEFFORDS, the My bill would ensure that such per- Diego border fence, and for other pur- name of the Senator from Vermont sons not only are removed from the poses. (Mr. LEAHY) was added as a cosponsor United States once they are found

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3656 CONGRESSIONAL RECORD — SENATE April 14, 2005 here, but also are prevented from en- any organization that, at the time the train- group—thus overruling the Ninth Circuit’s tering this country in the first place. ing was received, was a terrorist organiza- conclusion that the United States also must Today’s bill also repeals a 2006 sunset tion,’’; and show that the defendant knew of the par- on several recent clarifications that (2) in clause (vi), by striking ‘‘clause ticular terrorist activity that caused an or- (i)(VI)’’ and inserting ‘‘subclauses (VI) and ganization to be designated as a terror were made to the material-support (VIII) of clause (i)’’. group. All of these changes are set to expire statute in order to address vagueness SEC. 4. EXPANDED REMOVAL FROM THE UNITED on December 31, 2006, pursuant to subsection concerns expressed by some courts. At STATES OF ALIENS WHO HAVE RE- 6603(g) of the 9/11 Commission Act. This sec- the September 13 Terrorism Sub- CEIVED MILITARY-TYPE TRAINING tion of this Act repeals subsection (g), mak- committee hearing, George Wash- FROM TERRORIST GROUPS. ing the 2004 material-support enhancements ington University law professor Jona- Section 237(a)(4)(E) of the Immigration and permanent. than Turley said of the original legisla- Nationality Act (8 U.S.C. 1227(a)(4)(E)) is Section 3. Barring Entry to the United amended to read as follows: tive proposal to clarify the statute: States for Representatives and Members of ‘‘(E) RECIPIENT OF MILITARY-TYPE TRAIN- Terrorist Groups and Aliens Who Have Re- ‘‘[t]his proposal would actually im- ING.—Any alien who has received military- ceived Military-Type Training from Ter- prove the current federal law by cor- type training (as defined in section rorist Groups. This section bars entry to the recting gaps and ambiguities that have 2339D(c)(1) of title 18, United States Code) United States for any alien who has received led to recent judicial reversals. In that from or on behalf of any organization that, military-type training from a either a ter- sense, the proposal can be viewed as a at the time the training was received, was a rorist group that is designated as such by the slight benefit to civil liberties by re- terrorist organization (as defined in section Secretary of State, or from an undesignated moving a dangerous level of ambiguity 212(a)(3)(B)(vi)), is deportable.’’. terrorist group. (These groups are defined in in the law.’’ SEC. 5. BARRING ENTRY TO AND REMOVING TER- 8 U.S.C. § 1182(a)(3)(B)(vi). An undesignated RORIST ALIENS FROM THE UNITED There is no reason why this impor- terrorist group is a group that commits or STATES BASED ON PRE-ENACTMENT incites terrorist activity with the intent to tant provision, and other improve- TERRORIST CONDUCT. cause serious bodily injury, prepares or plans ments to the material-support statute The amendments made by sections 3 and 4 terrorist activity, or gathers information on made in last year’s 9/11 Commission of this Act shall apply to— potential targets for terrorist activity.) This bill, should be allowed to expire at the (1) all aliens subject to removal, deporta- section would correct a deficiency in current end of this Congress. This bill would tion, or exclusion at any time; and law, which makes aliens who receive mili- (2) acts and conditions constituting a make these improvements permanent. tary-type terror training deportable but does ground for inadmissibility, excludability, de- not make them inadmissible. Aliens who re- I ask unanimous consent that the portation, or removal occurring or existing text of the bill and a section by section ceive training in violent activity from a ter- before, on, or after the date of enactment of rorist group are not allowed to remain in the analysis be printed in the RECORD. this Act. United States—they should not be permitted There being no objection, the mate- SEC. 6. INCREASED PENALTIES FOR PROVIDING to enter the United States in the first place. rial was ordered to be printed in the MATERIAL SUPPORT TO TERRORIST This section also bars entry to the United RECORD, as follows: GROUPS. States for aliens who are representatives or (a) PROVIDING MATERIAL SUPPORT TO TER- S. 783 members of either designated or undesig- RORISTS.—Section 2339A(a) of title 18, United nated terrorist organizations, though mem- Be it enacted by the Senate and House of Rep- States Code, is amended by striking ‘‘, im- bers of undesignated terror groups may avoid resentatives of the United States of America in prisoned not more than 15 years,’’ and all exclusion if they can show by clear and con- Congress assembled, that follows through ‘‘life.’’ and inserting vincing evidence that they did not know, and SECTION 1. SHORT TITLE. ‘‘and imprisoned for not less than 5 years and should not reasonably have known, that the This Act may be cited as the ‘‘Material not more than 25 years, and, if the death of organization to which they belonged was a Support to Terrorism Prohibition Improve- any person results, shall be imprisoned for terrorist organization. ments Act of 2005’’. not less than 15 years or for life.’’. Section 4. Expanded Removal from the SEC. 2. REPEAL OF SUNSET ON 2004 MATERIAL- (b) PROVIDING MATERIAL SUPPORT OR RE- United States of Aliens Who Have Received SUPPORT ENHANCEMENTS. SOURCES TO DESIGNATED FOREIGN TERRORIST Military-Type Training from Terrorist Section 6603(g) of the Intelligence Reform ORGANIZATIONS.—Section 2339B(a) of title 18, Groups. Under current law, an alien is de- and Terrorism Prevention Act of 2004 (18 United States Code, is amended by striking portable if he has received military-type U.S.C. 2332b note) is repealed. ‘‘or imprisoned not more than 15 years,’’ and training from a terrorist group that is des- SEC. 3. BARRING ENTRY TO THE UNITED STATES all that follows through ‘‘life.’’ and inserting ignated as such by the Secretary of State. FOR REPRESENTATIVES AND MEM- ‘‘and imprisoned for not less than 5 years and See 8 U.S.C. § 1227(a)(4)(E). This section also BERS OF TERRORIST GROUPS AND not more than 25 years, and, if the death of makes deportable an alien who has received ALIENS WHO HAVE RECEIVED MILI- any person results, shall be imprisoned for military-type training from an undesignated TARY-TYPE TRAINING FROM TER- not less than 15 years or for life.’’. RORIST GROUPS. terrorist group. (See Section 3 above for defi- (c) RECEIVING MILITARY-TYPE TRAINING Section 212(a)(3)(B) of the Immigration and nition of undesignated terror group.) FROM A FOREIGN TERRORIST ORGANIZATION.— Nationality Act (8 U.S.C. 1182(a)(3)(B)) is Section 5. Barring Entry to and Removing Section 2339D of title 18, United States Code, amended— Terrorist Aliens from the United States is amended by striking ‘‘or imprisoned for (1) in clause (i)— Based on Pre-Enactment Terrorist Conduct. ten years, or both.’’ and inserting ‘‘and im- (A) in subclause (IV), by amending item This section makes clear that the terrorist- prisoned for not less than 3 years and not (aa) to read as follows: alien deportation and exclusion provisions in more than 15 years.’’. ‘‘(aa) a terrorist organization as defined in sections 3 and 4 of this Act apply to terrorist clause (vi), or’’. activity that the alien engaged in before the (B) by striking subclause (V) and inserting Section 1. Bill Title. ‘‘Material Support to enactment of this Act. Congress indisputably the following: Terrorism Prohibition Improvements Act of has the authority to bar and remove aliens ‘‘(V) is a member of a terrorist organiza- 2005.’’ from the United States based on past ter- tion— Section 2. Repeal of Sunset on 2004 Mate- rorist conduct. See Lehmann v. U.S. ex rel. ‘‘(aa) described in subclause (I) or (II) of rial-Support Enhancements. Section 6603 of Carson, 353 U.S. 685, 690 (1957) (‘‘It seems to clause (vi); or the Intelligence Reform and Terrorism Pre- us indisputable, therefore, that Congress was ‘‘(bb) described in clause (vi)(III), unless vention Act of 2004 (the 9/11 Commission Act) legislating retrospectively, as it may do, to the alien can demonstrate by clear and con- includes important provisions that expand cover offenses of the kind here involved.’’ vincing evidence that the alien did not know, and clarify the material-support statutes (18 (emphasis added; citations omitted)). Under and should not reasonably have known, that U.S.C. §§ 2339A & 2339B). These provisions this section, an alien who received military- the organization was a terrorist organiza- clarify the definitions of the terms ‘‘per- type training from a terrorist group in Af- tion,’’. sonnel’’, ‘‘training’’, and ‘‘expert advice or ghanistan in 2001 would be barred from en- (C) in subclause (VI), by striking ‘‘or’’ at assistance,’’ in order to correct void-for- tering or remaining in the United States. the end; vagueness problems identified by the Ninth Section 6. Increased Penalties for Pro- (D) in subclause (VII), by inserting ‘‘or’’ at Circuit; expand the jurisdictional bases for viding Material Support to Terrorist Groups. the end; and material-support offenses; clarify the defini- Under current law, providing material sup- (E) by inserting after subclause (VII) the tion of ‘‘material support;’’ and clarify that port to a terrorist group is a criminal offense following: the United States need only show that a de- that is punishable by zero to 15 years’ im- ‘‘(VIII) has received military-type training fendant knew that the organization to which prisonment, or zero to life if death results. (as defined in section 2339D(c)(1) of title 18, he gave material support either engaged in Receiving military-type training from a ter- United States Code) from, or on behalf of, terrorism or was designated as a terror rorist group is punishable by zero to 10

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3657 years in prison. Under the Supreme Court’s located in rural areas and one-fifth of thorized to perform under State law (or the recent decision in United States v. Booker, all rural counties have no mental State regulatory mechanism provided by 125 S.Ct. 738 (January 12, 2005), the federal health services of any kind. Frontier State law) of the State in which such serv- sentencing guidelines’ prescriptions no counties have even more drastic num- ices are performed, as would otherwise be longer are mandatory—district judges now covered if furnished by a physician or as an have discretion to impose little or no jail bers as 95 percent do not have a psy- incident to a physician’s professional serv- time for material-support offenses. Booker/ chiatrist, 68 percent do not have a psy- ice, but only if no facility or other provider Fanfan also limits the appellate courts’ abil- chologist and 78 percent do not have a charges or is paid any amounts with respect ity to correct a district judge’s failure to im- social worker. It is quite obvious we to the furnishing of such services. pose jail time for a material-support offense. have an enormous task ahead of us to ‘‘(2) The term ‘marriage and family thera- This section increases the penalties for ma- reduce these staggering statistics. Pro- pist’ means an individual who— terial-support offenses to 5–25 years’ impris- viding mental health counselors and ‘‘(A) possesses a master’s or doctoral de- onment, with 15 years to life if death results, gree which qualifies for licensure or certifi- and raises the military-type-training penalty marriage and family therapists the ability to bill Medicare for their serv- cation as a marriage and family therapist to 3–15 years’ imprisonment. These enhanced pursuant to State law; penalties reflect both the gravity of the of- ices is a key part of the solution. ‘‘(B) after obtaining such degree has per- fense of providing material support to a ter- Virtually all of Wyoming is des- formed at least 2 years of clinical supervised rorist group, and the heightened importance, ignated a mental health professional experience in marriage and family therapy; since the terrorist attacks of September 11, shortage area and will greatly benefit and 2001, of deterring individuals from providing from this legislation. Wyoming has 174 ‘‘(C) in the case of an individual per- aid and comfort to terrorist organizations. psychologists, 37 psychiatrists and 263 forming services in a State that provides for licensure or certification of marriage and By Mr. THOMAS (for himself and clinical social workers for a total of 474 Medicare eligible mental health pro- family therapists, is licensed or certified as Mrs. LINCOLN): a marriage and family therapist in such S. 784. A bill to amend title XVIII of viders. Enactment of the ‘‘Seniors State. the Social Security Act to provide for Mental Health Access Improvement ‘‘(3) The term ‘mental health counselor the coverage of marriage and family Act of 2005’’ will more than double the services’ means services performed by a men- therapist services and mental health number of mental health providers tal health counselor (as defined in paragraph counselor services under part B of the available to seniors in my State with (4)) for the diagnosis and treatment of men- medicare program, and for other pur- the addition of 528 mental health coun- tal illnesses which the mental health coun- poses; to the Committee on Finance. selors and 61 marriage and family selor is legally authorized to perform under Mr. THOMAS. Mr. President, I am therapists currently licensed in the State law (or the State regulatory mecha- pleased to rise today to introduce the State. nism provided by the State law) of the State in which such services are performed, as ‘‘Seniors Mental Health Access Im- I believe this legislation is critically would otherwise be covered if furnished by a provement Act of 2005’’ with my distin- important to the health and well-being physician or as incident to a physician’s pro- guished colleague from Arkansas, Mrs. of our Nation’s seniors and I strongly fessional service, but only if no facility or LINCOLN. Specifically, the ‘‘Seniors urge all my colleagues to become a co- other provider charges or is paid any Mental Health Access Improvement sponsor. amounts with respect to the furnishing of Act of 2005’’ permits mental health I ask unanimous consent that the such services. counselors and marriage and family text of the bill be printed in the ‘‘(4) The term ‘mental health counselor’ therapists to bill Medicare for services RECORD. means an individual who— provided to seniors. This will result in There being no objection, the bill was ‘‘(A) possesses a master’s or doctor’s degree in mental health counseling or a related ordered to be printed in the RECORD, as an increased choice of mental health field; providers for seniors and enhance their follows: ‘‘(B) after obtaining such a degree has per- ability to access mental health serv- S. 784 formed at least 2 years of supervised mental ices in their communities. Be it enacted by the Senate and House of Rep- health counselor practice; and This legislation is especially crucial resentatives of the United States of America in ‘‘(C) in the case of an individual per- to rural seniors who are often forced to Congress assembled, forming services in a State that provides for travel long distances to utilize the SECTION 1. SHORT TITLE. licensure or certification of mental health services of mental health providers This Act may be cited as the ‘‘Seniors counselors or professional counselors, is li- currently recognized by the Medicare Mental Health Access Improvement Act of censed or certified as a mental health coun- 2005’’. selor or professional counselor in such program. Rural communities have dif- SEC. 2. COVERAGE OF MARRIAGE AND FAMILY State.’’. ficulty recruiting and retaining pro- THERAPIST SERVICES AND MENTAL (3) PROVISION FOR PAYMENT UNDER PART viders, especially mental health pro- HEALTH COUNSELOR SERVICES B.—Section 1832(a)(2)(B) of the Social Secu- viders. In many small towns, a mental UNDER PART B OF THE MEDICARE rity Act (42 U.S.C. 1395k(a)(2)(B)) is amended health counselor or a marriage and PROGRAM. by adding at the end the following new (a) COVERAGE OF SERVICES.— family therapist is the only mental clause: (1) IN GENERAL.—Section 1861(s)(2) of the health care provider in the area. Medi- ‘‘(v) marriage and family therapist services Social Security Act (42 U.S.C. 1395x(s)(2)) is and mental health counselor services;’’. care law—as it exists today—com- amended— (4) AMOUNT OF PAYMENT.—Section 1833(a)(1) pounds the situation because only psy- (A) in subparagraph (Y), by striking ‘‘and’’ of the Social Security Act (42 U.S.C. chiatrists, clinical psychologists, clin- after the semicolon at the end; 1395l(a)(1)) is amended— ical social workers and clinical nurse (B) in subparagraph (Z), by inserting ‘‘and’’ (A) by striking ‘‘and (V)’’ and inserting specialists are able to bill Medicare for after the semicolon at the end; and ‘‘(V)’’; and their services. (C) by adding at the end the following new (B) by inserting before the semicolon at It is time the Medicare program rec- subparagraph: the end the following: ‘‘, and (W) with re- ‘‘(AA) marriage and family therapist serv- ognized the qualifications of mental spect to marriage and family therapist services (as defined in subsection (bbb)(1)) and ices and mental health counselor services health counselors and marriage and mental health counselor services (as defined family therapists as well as the critical under section 1861(s)(2)(AA), the amounts in subsection (bbb)(3));’’. paid shall be 80 percent of the lesser of the role they play in the mental health (2) DEFINITIONS.—Section 1861 of the Social actual charge for the services or 75 percent care infrastructure. These providers go Security Act (42 U.S.C. 1395x) is amended by of the amount determined for payment of a through rigorous training, similar to adding at the end the following new sub- psychologist under subparagraph (L)’’. section: the curriculum of masters level social (5) EXCLUSION OF MARRIAGE AND FAMILY workers, and yet are excluded from the ‘‘Marriage and Family Therapist Services; THERAPIST SERVICES AND MENTAL HEALTH Medicare program. Marriage and Family Therapist; Mental COUNSELOR SERVICES FROM SKILLED NURSING Particularly troubling to me is the Health Counselor Services; Mental Health FACILITY PROSPECTIVE PAYMENT SYSTEM.— Counselor fact that seniors have Section 1888(e)(2)(A)(ii) of the Social Secu- disproportionally higher rates of de- ‘‘(bbb)(1) The term ‘marriage and family rity Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is therapist services’ means services performed amended by inserting ‘‘marriage and family pression and suicide than other popu- by a marriage and family therapist (as de- therapist services (as defined in section lations. Additionally, 75 percent of the fined in paragraph (2)) for the diagnosis and 1861(bbb)(1)), mental health counselor serv- 518 nationally designated Mental treatment of mental illnesses, which the ices (as defined in section 1861(bbb)(3)),’’ Health Professional Shortage Areas are marriage and family therapist is legally au- after ‘‘qualified psychologist services,’’.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3658 CONGRESSIONAL RECORD — SENATE April 14, 2005 (6) INCLUSION OF MARRIAGE AND FAMILY provided by the commercial weather businesses to secure an advantage over THERAPISTS AND MENTAL HEALTH COUNSELORS industry. This longstanding non-com- their competitors. The best way to ad- AS PRACTITIONERS FOR ASSIGNMENT OF petition and non-duplication policy has dress this problem is to require that CLAIMS.—Section 1842(b)(18)(C) of the Social had the effect of facilitating the NWS data, information, guidance, fore- Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following growth of the industry into a billion casts and warnings be issued in real new clauses: dollar sector and of strengthening and time and simultaneously to all mem- ‘‘(vii) A marriage and family therapist (as extending the national weather enter- bers of the public, the media and the defined in section 1861(bbb)(2)). prise, now the best in the world. commercial weather industry. This bill ‘‘(viii) A mental health counselor (as de- Regrettably, the parent agency of the imposes just such a requirement, which fined in section 1861(bbb)(4)).’’. NWS, NOAA, repealed the 1991 non- is common to other Federal agencies. (b) COVERAGE OF CERTAIN MENTAL HEALTH competition and non-duplication policy The responsibilities of the commercial SERVICES PROVIDED IN CERTAIN SETTINGS.— in December 2004. Its new policy only weather industry as the only private (1) RURAL HEALTH CLINICS AND FEDERALLY promises to ‘‘give due consideration’’ QUALIFIED HEALTH CENTERS.—Section sector producer of weather informa- 1861(aa)(1)(B) of the Social Security Act (42 to the abilities of private sector enti- tion, services and systems deserve this U.S.C. 1395x(aa)(1)(B)) is amended by striking ties. The new policy appears to signal definition to ensure continued growth ‘‘or by a clinical social worker (as defined in the intention of NOAA and the NWS to and investment in the private sector subsection (hh)(1)),’’ and inserting ‘‘, by a expand their activities into areas that and to properly focus the government’s clinical social worker (as defined in sub- are already well served by the commer- activities. section (hh)(1)), by a marriage and family cial weather industry. This detracts We have every right to expect these therapist (as defined in subsection (bbb)(2)), from NWS’s core missions of maintain- agencies to minimize unnecessary, or by a mental health counselor (as defined ing a modem and effective meteorolog- in subsection (bbb)(4)),’’. competitive, and commercial-type ac- ical infrastructure, collecting com- (2) HOSPICE PROGRAMS.—Section tivities, and to do the best possible job 1861(dd)(2)(B)(i)(III) of the Social Security prehensive observational data, and of warning the public about impending Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is issuing warnings and forecasts of se- flash floods, hurricanes, tornadoes, amended by inserting ‘‘or one marriage and vere weather that imperils life and tsunamis, and other potentially cata- family therapist (as defined in subsection property. strophic events. I encourage my col- (bbb)(2))’’ after ‘‘social worker’’. Additionally, NOAA’s action threat- leagues to support this important piece (c) AUTHORIZATION OF MARRIAGE AND FAM- ens the continued success of the com- of legislation. ILY THERAPISTS TO DEVELOP DISCHARGE mercial weather industry. It is not an PLANS FOR POST-HOSPITAL SERVICES.—Sec- tion 1861(ee)(2)(G) of the Social Security Act easy prospect for a business to attract By Mr. DURBIN: (42 U.S.C. 1395x(ee)(2)(G)) is amended by in- advertisers, subscribers, or investors S. 793. A bill to establish national serting ‘‘marriage and family therapist (as when the government is providing standards for discharges from cruise defined in subsection (bbb)(2)),’’ after ‘‘social similar products and services for free. vessels into the waters of the United worker,’’. This bill restores the NWS non-com- States, and for other purposes; to the (d) EFFECTIVE DATE.—The amendments petition policy. However, the legisla- Committee on Commerce, Science, and made by this section shall apply with respect tion leaves NWS with complete and un- Transportation. to services furnished on or after January 1, fettered freedom to carry out its crit- 2006. Mr. DURBIN. Mr. President, I ask ical role of preparing and issuing se- unanimous consent that the text of the By Mr. SANTORUM: vere weather warnings and forecasts bill be printed in the RECORD. S. 786. A bill to clarify the duties and designed for the protection of life and There being no objection, the bill was responsibilities of the National Weath- property of the general public. I believe ordered to be printed in the RECORD, as er Service, and for other purposes; to it is in the best interest of both the follows: the Committee on Commerce, Science, government and NWS to concentrate S. 793 and Transportation. on this critical role and its other core Be it enacted by the Senate and House of Rep- Mr. SANTORUM. Mr. President, I missions. The beauty of a highly com- resentatives of the United States of America in rise to introduce the National Weather petent private sector is that services Congress assembled, Services Duties Act of 2005 to clarify that are not inherently involved in SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the responsibilities of the National public safety and security can be car- (a) SHORT TITLE.—This Act may be cited as Weather Service (NWS) within the Na- ried out with little or no expenditure of the ‘‘Clean Cruise Ship Act of 2005’’. tional Oceanic and Atmospheric Asso- taxpayer dollars. At a time of tight (b) TABLE OF CONTENTS.—The table of con- ciation, NOAA. This legislation mod- agency budgets, the commercial weath- tents of this Act is as follows: ernizes the statutory description of er industry’s increasing capabilities Sec. 1. Short title; table of contents. NWS roles in the national weather en- offer the Federal Government the op- Sec. 2. Findings and purposes. terprise so that it reflects today’s re- portunity to focus its resources on the Sec. 3. Definitions. ality in which the NWS and the com- governmental functions of collecring Sec. 4. Prohibitions and conditions regarding the discharge of sewage, mercial weather industry both play im- and distributing weather data, research graywater, or bilge water. portant parts in providing weather and development of atmospheric mod- Sec. 5. Effluent limits for discharges of sew- products and services to the Nation. els and core forecasts, and on ensuring age and graywater. Back in 1890 when the current NWS that NWS meteorologists provide the Sec. 6. Inspection and sampling. organic statute was enacted, and all most timely and accurate warnings and Sec. 7. Employee protection. the way through World War II, the pub- forecasts of life-threatening weather. Sec. 8. Judicial review. lic received its weather forecasts and The National Weather Service Duties Sec. 9. Enforcement. warnings almost exclusively from the Act also addresses the potential misuse Sec. 10. Citizen suits. Weather Bureau, the NWS’s prede- of insider information. Currently, Sec. 11. Alaskan cruise vessels. Sec. 12. Ballast water. cessor. In the late 1940s, a fledging NOAA and the NWS are doing little to Sec. 13. Funding. weather service industry began to de- safeguard the NWS information that Sec. 14. Effect on other law. velop. From then until December 2004, could be used by opportunistic inves- SEC. 2. FINDINGS AND PURPOSES. the NWS has had policies sensitive to tors to gain unfair profits in the weath- (a) FINDINGS.—Congress finds that— the importance of fostering the indus- er futures markets, in the agriculture (1) cruise vessels carry millions of pas- try’s expansion, and since 1948 has had and energy markets, and in other busi- sengers each year, and in 2001, carried formal policies discouraging its com- ness segments influenced by govern- 8,400,000 passengers in North America; petition with industry. Fourteen years ment weather outlooks, forecasts, and (2) cruise vessels carry passengers to and ago the NWS took the extra step of warnings. No one knows who may be through the most beautiful ocean areas in carefully delineating the respective taking advantage of this information. the United States and provide many people in the United States ample opportunities to roles of the NWS and the commercial In recent years there have been various relax and learn about oceans and marine eco- weather industry, in addition to pledg- examples of NWS personnel providing systems; ing its intention not to provide prod- such information to specific TV sta- (3) ocean pollution threatens the beautiful ucts or services that were or could be tions and others that enable those and inspiring oceans and marine wildlife

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3659 that many cruise vessels intend to present to (C) Lake Michigan; entering a port of the United States may dis- travelers; (D) Lake Ontario; and charge sewage, graywater, or bilge water (4) cruise vessels generate tremendous (E) Lake Superior. into the waters of the United States. quantities of pollution, including— (7) CRUISE VESSEL.—The term ‘‘cruise ves- (2) EXCEPTION.—A cruise vessel described in (A) sewage (including sewage sludge); sel’’— paragraph (1) may not discharge sewage, (B) graywater from showers, sinks, laun- (A) means a passenger vessel (as defined in graywater, or bilge water into the exclusive dries, baths, and galleys; section 2101(22) of title 46, United States economic zone but outside the territorial (C) oily water; Code), that— sea, or, in the case of the Great Lakes, be- (D) toxic chemicals from photo processing, (i) is authorized to carry at least 250 pas- yond any point that is 12 miles from the dry cleaning, and paints; sengers; and shore unless— (E) ballast water; (ii) has onboard sleeping facilities for each (A)(i) in the case of a discharge of sewage (F) solid wastes; and passenger; and or graywater, the discharge meets all appli- (G) emissions of air pollutants; (B) does not include— cable effluent limits established under this (5) some of the pollution generated by (i) a vessel of the United States operated Act and is in accordance with all other appli- cruise ships, particularly sewage discharge, by the Federal Government; or cable laws; or can lead to high levels of nutrients that are (ii) a vessel owned and operated by the gov- (ii) in the case of a discharge of bilge known to harm and kill coral reefs and ernment of a State. water, the discharge is in accordance with which can increase the quantity of patho- (8) PASSENGER.—The term ‘‘passenger’’— all applicable laws; gens in the water and heighten the suscepti- (A) means any person on board a cruise (B) the cruise vessel meets all applicable bility of many coral species to scarring and vessel for the purpose of travel; and management standards established under disease; (B) includes— this Act; and (6) laws in effect as of the date of enact- (i) a paying passenger; and (C) the cruise vessel is not discharging in ment of this Act do not provide adequate (ii) a staffperson, such as a crew member, an area in which the discharge is otherwise controls, monitoring, or enforcement of cer- captain, or officer. prohibited. tain discharges from cruise vessels into the (9) PERSON.—The term ‘‘person’’ means— (b) SAFETY EXCEPTION.— waters of the United States; and (A) an individual; (1) SCOPE OF EXCEPTION.—Subsection (a) (7) to protect coastal and ocean areas of (B) a corporation; (C) a partnership; shall not apply in any case in which— the United States from pollution generated (A) a discharge is made solely for the pur- by cruise vessels, new Federal legislation is (D) a limited liability company; (E) an association; pose of securing the safety of the cruise ves- needed to reduce and better regulate dis- sel or saving a human life at sea; and charges from cruise vessels, and to improve (F) a State; (G) a municipality; (B) all reasonable precautions have been monitoring, reporting, and enforcement of taken for the purpose of preventing or mini- discharges. (H) a commission or political subdivision of a State; and mizing the discharge. (b) PURPOSES.—The purposes of this Act (2) NOTIFICATION OF COMMANDANT.— are— (I) an Indian tribe. ITIZEN.—The term ‘‘citizen’’ means a (A) IN GENERAL.—If the owner, operator, or (1) to prevent the discharge of any un- (10) C person that has an interest that is or may be master, or other individual in charge, of a treated sewage or graywater from a cruise adversely affected by any provision of this cruise vessel authorizes a discharge de- vessel entering ports of the United States Act. scribed in paragraph (1), the individual shall into the waters of the United States; (11) DISCHARGE.—The term ‘‘discharge’’— notify the Commandant of the decision to (2) to prevent the discharge of any treated (A) means a release of any substance, how- authorize the discharge as soon as prac- sewage, sewage sludge, graywater, or bilge ever caused, from a cruise vessel; and ticable, but not later than 24 hours, after au- water from cruise vessels entering ports of (B) includes any escape, disposal, spilling, thorizing the discharge. the United States into the territorial sea; leaking, pumping, emitting or emptying of (B) REPORT.—Not later than 7 days after (3) to establish new national effluent lim- any substance. the date on which an individual described in its and management standards for the dis- (12) SEWAGE.—The term ‘‘sewage’’ means— subparagraph (A) notifies the Commandant charge of treated sewage or graywater from (A) human body wastes; of an authorization of a discharge under the cruise vessels entering ports of the United (B) the wastes from toilets and other re- safety exception under this paragraph, the States into the exclusive economic zone of ceptacles intended to receive or retain individual shall submit to the Commandant the United States in any case in which the human body wastes; and a report that includes— discharge is not within an area in which dis- (C) sewage sludge. (i) the quantity and composition of each charges are prohibited; and (13) GRAYWATER.—The term ‘‘graywater’’ discharge made under the safety exception; (4) to ensure that cruise vessels entering means galley, dishwasher, bath, and laundry (ii) the reason for authorizing each dis- ports of the United States comply with all waste water. charge; applicable environmental laws. (14) BILGE WATER.—The term ‘‘bilge water’’ (iii) the location of the vessel during the SEC. 3. DEFINITIONS. means wastewater that includes lubrication course of each discharge; and In this Act: oils, transmission oils, oil sludge or slops, (iv) such other supporting information and (1) COMMANDANT.—The term ‘‘Com- fuel or oil sludge, used oil, used fuel or fuel data as are requested by the Commandant. mandant’’ means the Commandant of the filters, or oily waste. SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF Coast Guard. EWAGE SLUDGE (15) S .—The term ‘‘sewage SEWAGE AND GRAYWATER. (2) ADMINISTRATOR.—The term ‘‘Adminis- sludge’’— trator’’ means the Administrator of the En- (A) means any solid, semi-solid, or liquid (a) EFFLUENT LIMITS.— vironmental Protection Agency. residue removed during the treatment of mu- (1) IN GENERAL.—Not later than 3 years (3) TERRITORIAL SEA.—The term ‘‘terri- nicipal waste water or domestic sewage; after the date of enactment of this Act, the torial sea’’— (B) includes— Commandant and the Administrator shall (A) means the belt of the sea measured (i) solids removed during primary, sec- jointly promulgate effluent limits for sewage from the baseline of the United States deter- ondary, or advanced waste water treatment; and graywater discharges from cruise vessels mined in accordance with international law, (ii) scum; entering ports of the United States. as set forth in Presidential Proclamation (iii) septage; (2) REQUIREMENTS.—The effluent limits number 5928, dated December 27, 1988; and (iv) portable toilet pumpings; shall— (B) includes the waters lying seaward of (v) type III marine sanitation device (A) require the application of the best the line of ordinary low water and extending pumpings (as defined in part 159 of title 33, available technology that will result in the to the baseline of the United States, as de- Code of Federal Regulations); and greatest level of effluent reduction achiev- termined under subparagraph (A). (vi) sewage sludge products; and able, recognizing that the national goal is (4) EXCLUSIVE ECONOMIC ZONE.—The term (C) does not include— the elimination of the discharge of all pol- ‘‘exclusive economic zone’’ means the Exclu- (i) grit or screenings; or lutants in sewage and graywater by cruise sive Economic Zone of the United States es- (ii) ash generated during the incineration vessels into the waters of the United States tablished by Presidential Proclamation num- of sewage sludge. by 2015; and ber 5030, dated March 10, 1983. (16) INDIAN TRIBE.—The term ‘‘Indian (B) require compliance with all relevant (5) WATERS OF THE UNITED STATES.—The tribe’’ has the meaning given in section 4 of water quality criteria standards. term ‘‘waters of the United States’’ means the Indian Self-Determination and Edu- (b) MINIMUM LIMITS.—The effluent limits the waters of the territorial sea, the exclu- cation Assistance Act (25 U.S.C. 450b). under subsection (a) shall require, at a min- sive economic zone, and the Great Lakes. SEC. 4. PROHIBITIONS AND CONDITIONS RE- imum, that treated sewage and graywater ef- (6) GREAT LAKE.—The term ‘‘Great Lake’’ GARDING THE DISCHARGE OF SEW- means— AGE, GRAYWATER, OR BILGE WATER. fluent discharges from cruise vessels shall, (A) Lake Erie; (a) PROHIBITION.— not later than 3 years after the date of enact- (B) Lake Huron (including Lake Saint (1) IN GENERAL.—Except as provided in ment of this Act, meet the following stand- Clair); paragraph (2) and section 11, no cruise vessel ards:

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(1) IN GENERAL.—The discharge satisfies cluding regulations promulgated under this purpose of monitoring and inspecting cruise the minimum level of effluent quality speci- Act) to immediately report that discharge to vessel operations, equipment, and discharges fied in section 133.102 of title 40, Code of Reg- the Commandant (who shall provide notifica- to ensure compliance with— ulations (or a successor regulation). tion of the discharge to the Administrator); (A) this Act (including regulations promul- (2) FECAL COLIFORM.—With respect to the and gated under this Act); and samples from the discharge during any 30- (5) require the owner, operator, or master, (B) all other relevant Federal laws and day period— or other individual in charge, of a cruise ves- international agreements. (A) the geometric mean of the samples sel to provide to the Commandant and Ad- (2) RESPONSIBILITIES.—An observer de- shall not exceed 20 fecal coliform per 100 mil- ministrator a blueprint of each cruise vessel scribed in paragraph (1) shall— liliters; and that includes the location of every discharge (A) observe and inspect— (B) not more than 10 percent of the sam- pipe and valve. (i) onboard environmental treatment sys- ples shall exceed 40 fecal coliform per 100 (c) EVIDENCE OF COMPLIANCE.— tems; milliliters. (1) VESSEL OF THE UNITED STATES.— (ii) use of shore-based treatment and stor- (3) RESIDUAL CHLORINE.—Concentrations of (A) IN GENERAL.—A cruise vessel registered age facilities; total residual chlorine in samples shall not in the United States to which this Act ap- (iii) discharges and discharge practices; exceed 10 milligrams per liter. plies shall have a certificate of inspection and (c) REVIEW AND REVISION OF EFFLUENT LIM- issued by the Commandant. (iv) blueprints, logbooks, and other rel- ITS.—The Commandant and the Adminis- (B) ISSUANCE OF CERTIFICATE.—The Com- evant information; trator shall jointly— mandant may issue a certificate described in (B) have the authority to interview and (1) review the effluent limits required by subparagraph (A) only after the cruise vessel otherwise query any crew member with subsection (a) at least once every 3 years; has been examined and found to be in com- knowledge of vessel operations; and pliance with this Act, including prohibitions (C) have access to all data and information (2) revise the effluent limits as necessary on discharges and requirements for effluent made available to government officials under to incorporate technology available at the limits, as determined by the Commandant. this section; and time of the review in accordance with sub- (C) VALIDITY OF CERTIFICATE.—A certificate (D) immediately report any known or sus- section (a)(2). issued under this paragraph— pected violation of this Act or any other ap- (i) shall be valid for a period of not more plicable Federal law or international agree- SEC. 6. INSPECTION AND SAMPLING. than 5 years, beginning on the date of ment to— (a) DEVELOPMENT AND IMPLEMENTATION OF issuance of the certificate; (i) the Coast Guard; and INSPECTION PROGRAM.— (ii) may be renewed as specified by the (ii) the Environmental Protection Agency. (1) IN GENERAL.—The Commandant, in con- Commandant; and (3) REPORT.—Not later than January 31, sultation with the Administrator, shall pro- (iii) shall be suspended or revoked if the 2008, the Commandant shall submit to Con- mulgate regulations to implement an inspec- Commandant determines that the cruise ves- gress a report describing the results, and rection, sampling, and testing program suffi- sel for which the certificate was issued is not ommendations for continuance, of the pro- cient to verify that cruise vessels calling on in compliance with the conditions under gram under this subsection. ports of the United States are in compliance which the certificate was issued. (e) ONBOARD MONITORING SYSTEM PILOT with— (D) SPECIAL CERTIFICATES.—The Com- PROGRAM.— (A) this Act (including regulations promul- mandant may issue special certificates to (1) IN GENERAL.—Not later than 1 year after gated under this Act); certain vessels that exhibit compliance with the date of enactment of this Act, the Ad- (B) the Federal Water Pollution Control this Act and other best practices, as deter- ministrator of the National Oceanic and At- Act (33 U.S.C. 1251 et seq.) (including regula- mined by the Commandant. mospheric Administration, in consultation tions promulgated under that Act); (2) FOREIGN VESSEL.— with the Administrator and the Com- (C) other applicable Federal laws and regu- (A) IN GENERAL.—A cruise vessel registered mandant, shall establish, and for each of fis- lations; and in a country other than the United States to cal years 2006 through 2011, shall carry out, (D) all applicable requirements of inter- which this Act applies may operate in the with industry partners as necessary, a pilot national agreements. waters of the United States, or visit a port or program to develop and promote commer- (2) INSPECTIONS.—The program shall replace under the jurisdiction of the United cialization of technologies to provide real- quire that— States, only if the cruise vessel has been time data to Federal agencies regarding— (A) regular announced and unannounced issued a certificate of compliance by the (A) graywater and sewage discharges from inspections be conducted of any relevant as- Commandant. cruise vessels; and pect of cruise vessel operations, equipment, (B) ISSUANCE OF CERTIFICATE.—The Com- (B) functioning of cruise vessel compo- or discharges, including sampling and test- mandant may issue a certificate described in nents relating to pollution control. ing of cruise vessel discharges; and subparagraph (A) to a cruise vessel only (2) TECHNOLOGY REQUIREMENTS.—Tech- (B) each cruise vessel that calls on a port after the cruise vessel has been examined nologies developed under the program under of the United States shall be subject to an and found to be in compliance with this Act, this subsection— unannounced inspection at least annually. including prohibitions on discharges and re- (A) shall have the ability to record— (b) REGULATIONS.—Not later than 1 year quirements for effluent limits, as determined (i) the location and time of discharges after the date of enactment of this Act, the by the Commandant. from cruise vessels; Commandant, in consultation with the Ad- (C) ACCEPTANCE OF FOREIGN DOCUMENTA- (ii) the source, content, and volume of ministrator, shall promulgate regulations TION.—The Commandant may consider a cer- those discharges; and that, at a minimum— tificate, endorsement, or document issued by (iii) the state of components relating to (1) require the owner, operator, or master, the government of a foreign country under a pollution control at the time of the dis- or other individual in charge, of a cruise ves- treaty, convention, or other international charges, including whether the components sel to maintain and produce a logbook de- agreement to which the United States is a are operating correctly; and tailing the times, types, volumes, and flow party, in issuing a certificate of compliance (B) shall be tested on not less than 10 per- rates, origins, and locations of any dis- under this paragraph. Such a certificate, en- cent of all cruise vessels operating in the ter- charges from the cruise vessel; dorsement, or document shall not serve as a ritorial sea of the United States, including (2) provide for routine announced and un- proxy for certification of compliance with large and small vessels. announced inspections of— this Act. (3) PARTICIPATION OF INDUSTRY.— (A) cruise vessel environmental compli- (D) VALIDITY OF CERTIFICATE.—A certifi- (A) COMPETITIVE SELECTION PROCESS.—In- ance records and procedures; and cate issued under this section— dustry partners willing to participate in the (B) the functionality and proper operation (i) shall be valid for a period of not more program may do so through a competitive of installed equipment for abatement and than 24 months, beginning on the date of selection process conducted by the Adminis- control of any cruise vessel discharge (which issuance of the certificate; trator of the National Oceanic and Atmos- equipment shall include equipment intended (ii) may be renewed as specified by the pheric Administration. to treat sewage, graywater, or bilge water); Commandant; and (B) CONTRIBUTION.—A selected industry (3) require the sampling and testing of (iii) shall be suspended or revoked if the partner shall contribute not less than 20 per- cruise vessel discharges that require the Commandant determines that the cruise ves- cent of the cost of the project in which the owner, operator, or master, or other indi- sel for which the certificate was issued is not industry partner participates. vidual in charge, of a cruise vessel— in compliance with the conditions under (4) REPORT.—Not later than January 31, (A) to conduct that sampling or testing; which the certificate was issued. 2008, the Administrator of the National Oce- and (d) CRUISE OBSERVER PILOT PROGRAM.— anic and Atmospheric Administration shall (B) to produce any records of the sampling (1) IN GENERAL.—Not later than 1 year after submit to Congress a report describing the or testing; the date of enactment of this Act, the Com- results, and recommendations for continu- (4) require any owner, operator, or master, mandant shall establish, and for each of fis- ance, of the program under this subsection. or other individual in charge, of a cruise ves- cal years 2006 through 2008, shall carry out, a SEC. 7. EMPLOYEE PROTECTION. sel who has knowledge of a discharge from program for the placement of 2 or more inde- (a) PROHIBITION OF DISCRIMINATION AGAINST the cruise vessel in violation of this Act (in- pendent observers on cruise vessels for the PERSONS FILING, INSTITUTING, OR TESTIFYING

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IN PROCEEDINGS UNDER THIS ACT.—No person the employer), deliberately violates any pro- (A) $10,000 per violation; or shall terminate the employment of, or in any vision of this Act. (B) $25,000 in the aggregate, in the case of other way discriminate against (or cause the SEC. 8. JUDICIAL REVIEW. multiple violations. termination of employment of or discrimina- (a) REVIEW OF ACTIONS BY ADMINISTRATOR (2) CLASS II.—The amount of a class II civil tion against), any employee or any author- OR COMMANDANT; SELECTION OF COURT; penalty under subsection (a)(1) may not ex- ized representative of employees by reason of FEES.— ceed— the fact that the employee or representa- (1) REVIEW OF ACTIONS.— (A) $10,000 per day for each day during tive— (A) IN GENERAL.—Any interested person which the violation continues; or (1) has filed, instituted, or caused to be may petition for a review, in the United (B) $125,000 in the aggregate, in the case of filed or instituted any proceeding under this States circuit court for the circuit in which multiple violations. Act; or the person resides or transacts business di- (3) SEPARATE VIOLATIONS.—Each day on (2) has testified or is about to testify in rectly affected by the action of which review which a violation continues shall constitute any proceeding resulting from the adminis- is requested— a separate violation. tration or enforcement of the provisions of (i) of an action of the Commandant in pro- (4) DETERMINATION OF AMOUNT.—In deter- this Act. mulgating any effluent limit under section 5; mining the amount of a civil penalty under (b) APPLICATION FOR REVIEW; INVESTIGA- or subsection (a)(1), the Commandant or the TION; HEARINGS; REVIEW.— (ii) of an action of the Commandant in car- court, as appropriate, shall consider— (1) IN GENERAL.—An employee or a rep- rying out an inspection, sampling, or testing (A) the seriousness of the violation; resentative of employees who believes that under section 6. (B) any economic benefit resulting from the termination of the employment of the (B) DEADLINE FOR REVIEW.—A petition for the violation; employee has occurred, or that the employee review under subparagraph (A) shall be (C) any history of violations; has been discriminated against, as a result of made— (D) any good-faith efforts to comply with the actions of any person in violation of sub- (i) not later than 120 days after the date of the applicable requirements; section (a) may, not later than 30 days after promulgation of the limit or standard relat- (E) the economic impact of the penalty on the date on which the alleged violation oc- ing to the review sought; or the violator; and curred, apply to the Secretary of Labor for a (ii) if the petition for review is based solely (F) such other matters as justice may re- review of the alleged termination of employ- on grounds that arose after the date de- quire. ment or discrimination. scribed in clause (i), as soon as practicable (5) PROCEDURE FOR CLASS I PENALTY.— (2) APPLICATION.—A copy of an application after that date. (A) IN GENERAL.—Before assessing a civil for review filed under paragraph (1) shall be (2) CIVIL AND CRIMINAL ENFORCEMENT PRO- penalty under this subsection, the Com- sent to the respondent. CEEDINGS.—An action of the Commandant or mandant shall provide to the person to be as- (3) INVESTIGATION.— Administrator with respect to which review sessed the penalty— (A) IN GENERAL.—On receipt of an applica- could have been obtained under paragraph (1) (i) written notice of the proposal of the tion for review under paragraph (1), the Sec- shall not be subject to judicial review in any Commandant to assess the penalty; and retary of Labor shall carry out an investiga- civil or criminal proceeding for enforcement. (ii) the opportunity to request, not later tion of the complaint. (3) AWARD OF FEES.—In any judicial pro- than 30 days after the date on which the no- (B) REQUIREMENTS.—In carrying out this ceeding under this subsection, a court may tice is received by the person, a hearing on subsection, the Secretary of Labor shall— award costs of litigation (including reason- the proposed penalty. (i) provide an opportunity for a public able attorney and expert witness fees) to any (B) HEARING.—A hearing described in sub- hearing at the request of any party to the re- prevailing or substantially prevailing party paragraph (A)(ii)— view to enable the parties to present infor- in any case in which the court determines (i) shall not be subject to section 554 or 556 mation relating to the alleged violation; such an award to be appropriate. of title 5, United States Code; but (ii) ensure that, at least 5 days before the (b) ADDITIONAL EVIDENCE.— (ii) shall provide a reasonable opportunity date of the hearing, each party to the hear- (1) IN GENERAL.—In any judicial proceeding to be heard and to present evidence. ing is provided written notice of the time instituted under subsection (a) in which re- (6) PROCEDURE FOR CLASS II PENALTY.— and place of the hearing; and view is sought of a determination under this (A) IN GENERAL.—Except as otherwise pro- (iii) ensure that the hearing is on the Act required to be made on the record after vided in this subsection, a class II civil pen- record and subject to section 554 of title 5, notice and opportunity for hearing, if any alty shall be assessed and collected in the United States Code. party applies to the court for leave to adduce same manner, and subject to the same provi- (C) FINDINGS OF COMMANDANT.—On comple- additional evidence, and demonstrates to the sions, as in the case of civil penalties as- tion of an investigation under this para- satisfaction of the court that the additional sessed and collected after notice and an op- graph, the Secretary of Labor shall— evidence is material and that there were rea- portunity for a hearing on the record in ac- (i) make findings of fact; sonable grounds for the failure to adduce the cordance with section 554 of title 5, United (ii) if the Secretary of Labor determines evidence in the proceeding before the Com- States Code. that a violation did occur, issue a decision, mandant or Administrator, the court may (B) RULES.—The Commandant may pro- incorporating an order and the findings, re- order the additional evidence (and evidence mulgate rules for discovery procedures for quiring the person that committed the viola- in rebuttal of the additional evidence) to be hearings under this subsection. tion to take such action as is necessary to taken before the Commandant or Adminis- (7) RIGHTS OF INTERESTED PERSONS.— abate the violation, including the rehiring or trator, in such manner and on such terms (A) PUBLIC NOTICE.—Before issuing an order reinstatement, with compensation, of an em- and conditions as the court determines to be assessing a class II civil penalty under this ployee or representative of employees to the appropriate. subsection, the Commandant shall provide former position of the employee or rep- (2) MODIFICATION OF FINDINGS.—On admis- public notice of and reasonable opportunity resentative; and sion of additional evidence under paragraph to comment on the proposed issuance of each (iii) if the Secretary of Labor determines (1), the Commandant or Administrator— order. that there was no violation, issue an order (A) may modify findings of fact of the (B) PRESENTATION OF EVIDENCE.— denying the application. Commandant or Administrator, as the case (i) IN GENERAL.—Any person that com- (D) ORDER.—An order issued by the Sec- may be, relating to a judicial proceeding, or ments on a proposed assessment of a class II retary of Labor under subparagraph (C) shall make new findings of fact, by reason of the civil penalty under this subsection shall be be subject to judicial review in the same additional evidence so admitted; and given notice of— manner as orders and decisions of the Ad- (B) shall file with the return of the addi- (I) any hearing held under this subsection; ministrator are subject to judicial review tional evidence any modified or new find- and under this Act. ings, and any related recommendations, for (c) COSTS AND EXPENSES.—In any case in (II) any order assessing the penalty. the modification or setting aside of any which an order is issued under this section to (ii) HEARING.—In any hearing described in abate a violation, at the request of the appli- original determinations of the Commandant clause (i)(I), a person described in clause (i) cant, a sum equal to the aggregate amount or Administrator. shall have a reasonable opportunity to be of all costs and expenses (including attor- SEC. 9. ENFORCEMENT. heard and to present evidence. ney’s fees), as determined by the Secretary (a) IN GENERAL.—Any person that violates (C) RIGHTS OF INTERESTED PERSONS TO A of Labor, to have been reasonably incurred section 4 or any regulation promulgated HEARING.— by the applicant for, or in connection with, under this Act may be assessed— (i) IN GENERAL.—If no hearing is held under the institution and prosecution of the pro- (1) a class I or class II penalty described in subparagraph (B) before the date of issuance ceedings, shall be assessed against the person subsection (b); or of an order assessing a class II civil penalty committing the violation. (2) a civil penalty in a civil action under under this subsection, any person that com- (d) DELIBERATE VIOLATIONS BY EMPLOYEE subsection (c). mented on the proposed assessment may, not ACTING WITHOUT DIRECTION FROM EMPLOYER (b) AMOUNT OF ADMINISTRATIVE PENALTY.— later than 30 days after the date of issuance OR AGENT.—This section shall not apply to (1) CLASS I.—The amount of a class I civil of the order, petition the Commandant— any employee that, without direction from penalty under subsection (a)(1) may not ex- (I) to set aside the order; and the employer of the employee (or agent of ceed— (II) to provide a hearing on the penalty.

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(ii) NEW EVIDENCE.—If any evidence pre- (A) IN GENERAL.—If any person fails to pay collected under this section, of an amount sented by a petitioner in support of the peti- an assessment of a civil penalty after the as- not to exceed 1⁄2 of the civil penalty or fine, tion under clause (i) is material and was not sessment has become final, or after a court to any individual who furnishes information considered in the issuance of the order, as in a proceeding under paragraph (10) has en- that leads to the payment of the civil pen- determined by the Commandant, the Com- tered a final judgment in favor of the Com- alty or criminal fine. mandant shall immediately— mandant, the Commandant shall request the (B) MULTIPLE INDIVIDUALS.—If 2 or more in- (I) set aside the order; and Attorney General to bring a civil action in dividuals provide information described in (II) provide a hearing in accordance with an appropriate district court to recover— subparagraph (A), the amount available for subparagraph (B)(ii). (i) the amount assessed; and payment as a reward shall be divided equi- (iii) DENIAL OF HEARING.—If the Com- (ii) interest that has accrued on the tably among the individuals. mandant denies a hearing under this sub- amount assessed, as calculated at currently (C) INELIGIBLE INDIVIDUALS.—No officer or paragraph, the Commandant shall provide to prevailing rates beginning on the date of the employee of the United States, a State, or an the petitioner, and publish in the Federal final order or the date of the final judgment, Indian tribe who furnishes information or Register, notice of and the reasons for the as the case may be. renders service in the performance of the of- denial. (B) NONREVIEWABILITY.—In an action to re- ficial duties of the officer or employee shall (8) FINALITY OF ORDER.— cover an assessed civil penalty under sub- be eligible for a reward payment under this (A) IN GENERAL.—An order assessing a class paragraph (A), the validity, amount, and ap- subsection. II civil penalty under this subsection shall propriateness of the civil penalty shall not (2) PAYMENTS TO STATES OR INDIAN become final on the date that is 30 days after be subject to judicial review. TRIBES.—The Commandant or the court, as the date of issuance of the order unless, be- (C) FAILURE TO PAY PENALTY.—Any person the case may be, may order payment, from a fore that date— that fails to pay, on a timely basis, the civil penalty or criminal fine collected under (i) a petition for judicial review is filed amount of an assessment of a civil penalty this section, to a State or Indian tribe pro- under paragraph (10); or under subparagraph (A) shall be required to viding information or investigative assist- (ii) a hearing is requested under paragraph pay, in addition to the amount of the civil ance that leads to payment of the penalty or (7)(C). penalty and accrued interest— fine, of an amount that reflects the level of (B) DENIAL OF HEARING.—If a hearing is re- (i) attorney’s fees and other costs for col- information or investigative assistance pro- quested under paragraph (7)(C) and subse- lection proceedings; and vided. quently denied, an order assessing a class II (ii) for each quarter during which the fail- (3) PAYMENTS DIVIDED AMONG STATES, IN- civil penalty under this subsection shall be- ure to pay persists, a quarterly nonpayment DIAN TRIBES, AND INDIVIDUALS.—In a case in come final on the date that is 30 days after penalty in an amount equal to 20 percent of which a State or Indian tribe and an indi- the date of the denial. the aggregate amount of the assessed civil vidual under paragraph (1) are eligible to re- (9) EFFECT OF ACTION ON COMPLIANCE.—No penalties and nonpayment penalties of the ceive a reward payment under this sub- action by the Commandant under this sub- person that are unpaid as of the beginning of section, the Commandant or the court shall section shall affect the obligation of any per- the quarter. divide the amount available for the reward son to comply with any provision of this Act. (12) SUBPOENAS.— equitably among those recipients. (10) JUDICIAL REVIEW.— (A) IN GENERAL.—The Commandant may (f) LIABILITY IN REM.—A cruise vessel oper- (A) IN GENERAL.—Any person against which issue subpoenas for the attendance and testi- ated in violation of this Act or any regula- a civil penalty is assessed under this sub- mony of witnesses and the production of rel- tion promulgated under this Act— section, or that commented on the proposed evant papers, books, or documents in connec- (1) shall be liable in rem for any civil pen- assessment of such a penalty in accordance tion with hearings under this subsection. alty or criminal fine imposed under this sec- with paragraph (7), may obtain review of the (B) REFUSAL TO OBEY.—In case of contu- tion; and assessment in a court described in subpara- macy or refusal to obey a subpoena issued (2) may be subject to a proceeding insti- graph (B) by— under this paragraph and served on any per- tuted in the United States district court for (i) filing a notice of appeal with the court son— any district in which the cruise vessel may within the 30-day period beginning on the (i) the United States district court for any be found. date on which the civil penalty order is district in which the person is found, resides, (g) COMPLIANCE ORDERS.— issued; and or transacts business, on application by the (1) IN GENERAL.—If the Commandant deter- (ii) simultaneously sending a copy of the United States and after notice to the person, mines that any person is in violation of sec- notice by certified mail to the Commandant shall have jurisdiction to issue an order re- tion 4 or any regulation promulgated under and the Attorney General. quiring the person to appear and give testi- this Act, the Commandant shall— (B) COURTS OF JURISDICTION.—Review of an mony before the Commandant or to appear (A) issue an order requiring the person to assessment under subparagraph (A) may be and produce documents before the Com- comply with the section or requirement; or obtained by a person— mandant; and (B) bring a civil action in accordance with (i) in the case of assessment of a class I (ii) any failure to obey such an order of the subsection (b). civil penalty, in— court may be punished by the court as a con- (2) COPIES OF ORDER, SERVICE.— (I) the United States District Court for the tempt of the court. (A) CORPORATE ORDERS.—In any case in District of Columbia; or (c) CIVIL ACTION.—The Commandant may which an order under this subsection is (II) the United States district court for the commence, in the United States district issued to a corporation, a copy of the order district in which the violation occurred; or court for the district in which the defendant shall be served on any appropriate corporate (ii) in the case of assessment of a class II is located, resides, or transacts business, a officer. civil penalty, in— civil action to impose a civil penalty under (B) METHOD OF SERVICE; SPECIFICATIONS.— (I) the United States Court of Appeals for this subsection in an amount not to exceed An order issued under this subsection shall— the District of Columbia Circuit; or $25,000 for each day of violation. (i) be by personal service; (II) the United States circuit court for any (d) CRIMINAL PENALTIES.— (ii) state with reasonable specificity the other circuit in which the person resides or (1) NEGLIGENT VIOLATIONS.—A person that nature of the violation for which the order transacts business. negligently violates section 4 or any regula- was issued; and (C) COPY OF RECORD.—On receipt of notice tion promulgated under this Act commits a (iii) specify a deadline for compliance that under subparagraph (A)(ii), the Com- Class A misdemeanor. is not later than— mandant, shall promptly file with the appro- (2) KNOWING VIOLATIONS.—Any person that (I) 30 days after the date of issuance of the priate court a certified copy of the record on knowingly violates section 4 or any regula- order, in the case of a violation of an interim which the order assessing a civil penalty tion promulgated under this Act commits a compliance schedule or operation and main- that is the subject of the review was issued. Class D felony. tenance requirement; and (D) SUBSTANTIAL EVIDENCE.—A court with (3) FALSE STATEMENTS.—Any person that (II) such date as the Commandant, taking jurisdiction over a review under this para- knowingly makes any false statement, rep- into account the seriousness of the violation graph— resentation, or certification in any record, and any good faith efforts to comply with ap- (i) shall not set aside or remand an order report, or other document filed or required plicable requirements, determines to be rea- described in subparagraph (C) unless— to be maintained under this Act or any regu- sonable, in the case of a violation of a final (I) there is not substantial evidence in the lation promulgated under this Act, or that deadline. record, taken as a whole, to support the find- falsifies, tampers with, or knowingly renders (h) CIVIL ACTIONS.— ing of a violation; or inaccurate any testing or monitoring device (1) IN GENERAL.—The Commandant may (II) the assessment by the Commandant of or method required to be maintained under commence a civil action for appropriate re- the civil penalty constitutes an abuse of dis- this Act or any regulation promulgated lief, including a permanent or temporary in- cretion; and under this Act, commits a Class D felony. junction, for any violation for which the (ii) shall not impose additional civil pen- (e) REWARDS.— Commandant is authorized to issue a compli- alties for the same violation unless the as- (1) PAYMENTS TO INDIVIDUALS.— ance order under this subsection. sessment by the Commandant of the civil (A) IN GENERAL.—The Commandant or the (2) COURT OF JURISDICTION.— penalty constitutes an abuse of discretion. court, as the case may be, may order pay- (A) IN GENERAL.—A civil action under this (11) COLLECTION.— ment, from a civil penalty or criminal fine subsection may be brought in the United

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States district court for the district in which (1) IN GENERAL.—A court of jurisdiction, in (1) ESTABLISHMENT.—There is established the defendant is located, resides, or is doing issuing any final order in any civil action in the general fund of the Treasury a sepa- business. brought in accordance with this section, may rate account to be known as the ‘‘Cruise Ves- (B) JURISDICTION.—A court described in award costs of litigation (including reason- sel Pollution Control Fund’’ (referred to in subparagraph (A) shall have jurisdiction to able attorney’s and expert witness fees) to this section as the ‘‘Fund’’). grant injunctive relief to address a violation, any prevailing or substantially prevailing (2) APPROPRIATION OF AMOUNTS.—There are and require compliance, by the defendant. party, in any case in which the court deter- appropriated to the Fund such amounts as SEC. 10. CITIZEN SUITS. mines that such an award is appropriate. are deposited in the Fund under subsection (a) AUTHORIZATION.—Except as provided in (2) SECURITY.—In any civil action under (c)(5). subsection (c), any citizen may commence a this section, the court of jurisdiction may, if (3) USE OF AMOUNTS IN FUND.—The Adminis- civil action on his or her own behalf— a temporary restraining order or preliminary trator and the Commandant may use (1) against any person (including the injunction is sought, require the filing of a amounts in the fund, without further appro- United States and any other governmental bond or equivalent security in accordance priation, to carry out this Act. instrumentality or agency to the extent per- with the Federal Rules of Civil Procedure. (c) FEES ON CRUISE VESSELS.— mitted by the eleventh amendment of the (f) STATUTORY OR COMMON LAW RIGHTS NOT (1) IN GENERAL.—The Commandant shall es- Constitution) that is alleged to be in viola- RESTRICTED.—Nothing in this section re- tablish and collect from each cruise vessel a tion of— stricts the rights of any person (or class of reasonable and appropriate fee, in an amount (A) the conditions imposed by section 4; persons) under any statute or common law not to exceed $10 for each paying passenger to seek enforcement or other relief (includ- (B) an effluent limit or management stand- on a cruise vessel voyage, for use in carrying ing relief against the Administrator or Com- ard under this Act; or out this Act. mandant). (C) an order issued by the Administrator or (2) ADJUSTMENT OF FEE.— (g) CIVIL ACTION BY STATE GOVERNORS.—A Commandant with respect to such a condi- Governor of a State may commence a civil (A) IN GENERAL.—The Commandant shall tion, effluent limit, or performance stand- action under subsection (a) of this section, biennially adjust the amount of the fee es- ard; or without regard to the limitation under sub- tablished under paragraph (1) to reflect (2) against the Administrator or Com- section (c), against the Administrator or changes in the Consumer Price Index for All mandant, in a case in which there is alleged Commandant in any case in which there is Urban Consumers published by the Depart- a failure by the Administrator or Com- alleged a failure of the Administrator or ment of Labor during each 2-year period. mandant to perform any nondiscretionary Commandant to enforce an effluent limit or (B) ROUNDING.—The Commandant may act or duty under this Act. performance standard under this Act, the round the adjustment in subparagraph (A) to (b) JURISDICTION.—The United States dis- violation of which is causing— the nearest 1⁄10 of a dollar. trict courts shall have jurisdiction, without (1) an adverse effect on the public health or (3) FACTORS IN ESTABLISHING FEES.— regard to the amount in controversy or the welfare in the State; or (A) IN GENERAL.—In establishing fees under citizenship of the parties— (2) a violation of any water quality re- paragraph (1), the Commandant may estab- (1) to enforce a condition, effluent limit, quirement in the State. lish lower levels of fees and the maximum performance standard, or order described in SEC. 11. ALASKAN CRUISE VESSELS. amount of fees for certain classes of cruise subsection (a)(1); (a) DEFINITION OF ALASKAN CRUISE VES- vessels based on— (2) to order the Administrator or Com- SEL.—In this section, the term ‘‘Alaskan (i) size; mandant to perform a nondiscretionary act cruise vessel’’ means a cruise vessel— (ii) economic share; and or duty described in subsection (a)(2); and (1) that seasonally operates in water of or (iii) such other factors as are determined (3) to apply any appropriate civil penalties surrounding the State of Alaska; to be appropriate by the Commandant and under section 9(b). (2) in which is installed, not later than the Administrator. (c) NOTICE.—No action may be commenced date of enactment of this Act (or, at the op- (B) FEE SCHEDULES.—Any fee schedule es- under this section— tion of the Commandant, not later than Sep- tablished under paragraph (1), including the (1) before the date that is 60 days after the tember 30 of the fiscal year in which this Act level of fees and the maximum amount of date on which the plaintiff gives notice of is enacted), and certified by the State of fees, shall take into account— the alleged violation— Alaska for continuous discharge and oper- (i) cruise vessel routes; (A) to the Administrator or Commandant; ation in accordance with all applicable Fed- (ii) the frequency of stops at ports of call and eral and State law (including regulations), by cruise vessels; and (B) to any alleged violator of the condi- an advanced treatment system for the treat- (iii) other relevant considerations. tion, limit, standard, or order; or ment and discharge of graywater and sewage; (4) COLLECTION OF FEES.—A fee established (2) if the Administrator or Commandant and under paragraph (1) shall be collected by the has commenced and is diligently prosecuting (3) that enters a port of the United States. Commandant from the owner or operator of a civil or criminal action on the same matter (b) APPLICABILITY.— each cruise vessel to which this Act applies. in a court of the United States (but in any (1) IN GENERAL.—Except as provided in (5) DEPOSITS TO FUND.—Notwithstanding such action, a citizen may intervene as a paragraph (2), an Alaskan cruise vessel shall any other provision of law, all fees collected matter of right). not be subject to this Act (including regula- under this subsection, and all penalties and (d) VENUE.— tions promulgated under this Act) until the payments collected for violations of this Act, (1) IN GENERAL.—Any civil action under date that is 15 years after the date of enact- shall be deposited into the Fund. this section shall be brought in— ment of this Act. SEC. 14. EFFECT ON OTHER LAW. (A) the United States District Court for (2) EXCEPTIONS.—An Alaskan cruise ves- the District of Columbia; or sel— (a) UNITED STATES.—Nothing in this Act (B) any other United States district court (A) shall not be subject to the minimum ef- restricts, affects, or amends any other law or for any judicial district in which a cruise fluent limits prescribed under section 5(b) the authority of any department, instrumen- vessel or the owner or operator of a cruise until the date that is 3 years after the date tality, or agency of the United States. vessel are located. of enactment of this Act; (b) STATES AND INTERSTATE AGENCIES.— (2) INTERVENTION.—In a civil action under (B) shall not be subject to effluent limits (1) IN GENERAL.—Except as provided in this section, the Administrator or the Com- promulgated under section 5(a) or 5(c) until paragraph (2), nothing in this Act precludes mandant, if not a party, may intervene as a the date that is 6 years after the date of en- or denies the right of any State (including a matter of right. actment of this Act; and political subdivision of a State) or interstate (3) PROCEDURES.— (C) shall be prohibited from discharging agency to adopt or enforce— (A) SERVICE.—In any case in which a civil sewage, graywater, and bilge water in the (A) any standard or limit relating to the action is brought under this section in a territorial sea, in accordance with this Act, discharge of pollutants by cruise ships; or court of the United States, the plaintiff shall as of the date of enactment of this Act. (B) any requirement relating to the control serve a copy of the complaint on— SEC. 12. BALLAST WATER. or abatement of pollution. (i) the Attorney General; It is the sense of Congress that action (2) EXCEPTION.—If an effluent limit, per- (ii) the Administrator; and should be taken to enact legislation requir- formance standard, water quality standard, (iii) the Commandant. ing strong, mandatory standards for ballast or any other prohibition or limitation is in (B) CONSENT JUDGMENTS.—No consent judg- water to reduce the threat of aquatic effect under Federal law, a State (including ment shall be entered in a civil action under invasive species. a political subdivision of a State) or inter- this section to which the United States is SEC. 13. FUNDING. state agency described in paragraph (1) may not a party before the date that is 45 days (a) AUTHORIZATION OF APPROPRIATIONS.— not adopt or enforce any effluent limit, per- after the date of receipt of a copy of the pro- There are authorized to be appropriated to formance standard, water quality standard, posed consent judgment by— the Commandant and the Administrator or any other prohibition that— (i) the Attorney General; such sums as are necessary to carry out this (A) is less stringent than the effluent (ii) the Administrator; and Act for each of fiscal years 2006 through 2010. limit, performance standard, water quality (iii) the Commandant. (b) CRUISE VESSEL POLLUTION CONTROL standard, or other prohibition or limitation (e) LITIGATION COSTS.— FUND.— under this Act; or

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3664 CONGRESSIONAL RECORD — SENATE April 14, 2005 (B) impairs or in any manner affects any already includes key provisions to help licensing laws that meet certain min- right or jurisdiction of the State with re- us make further progress on the safety imum requirements; to the Committee spect to the waters of the State. needs of nonmotorized travelers. The on Environment and Public Works. Mr. DODD. Mr. President, I rise with By Mr. HARKIN: ‘‘Safe and Complete Streets Act of S. 794. A bill to amend title 23, 2005’’ is specifically designed and devel- my colleague from Virginia, Senator United States Code, to improve the oped to complement the efforts in the WARNER, to introduce the Safe Teen safety of nonmotorized transportation, committee passed measure. Only in and Novice Driver Uniform Protection including bicycle and pedestrian safe- two areas, pertaining to the Safe (STAND UP) Act of 2005—an important ty; to the Committee on Commerce, Routes to School initiative and a small piece of legislation that seeks to pro- Science, and Transportation. nonmotorized pilot program, does this tect and ensure the lives of the 20 mil- By Mr. HARKIN. Mr. President, I am legislation propose any additional lion teenage drivers in our country. pleased to introduce the ‘‘Safe and funding commitments. All other as- We all know that the teenage years Complete Streets Act of 2005.’’ pects of the legislation before you represent an important formative stage This legislation helps put this Nation today build upon existing commit- in a person’s life. They are a bridge be- on the path to a safer and, impor- ments and existing features of current tween childhood and adulthood—the tantly, healthier America, by making law. transitional and often challenging pe- some very modest adjustments in how Let me speak briefly to the issues of riod during which a person will first State transportation departments and the Safe Routes to School program spe- gain an inner awareness of his or her regional and local transportation agen- cifically. This legislation proposes to identity. The teenage years encompass cies address the safety needs of pedes- raise the Senate’s commitment to in- a time for discovery, a time for growth, trians and bicyclists. creased safety for our school age kids and a time for gaining independence— This proposal is being introduced by slightly more than $100 million an- all of which ultimately help boys and today to ensure greater attention to nually over the level in the surface girls transition successfully into young the ‘‘SAFETEA’’ elements of the sur- transportation bill that the Senate will men and women. face transportation renewal bill that soon consider. As we also know, the teenage years will come before the Senate in the I am proposing this modest increase also encompass a time for risk-taking. coming weeks. With some selected, but in spending because there is a crtical A groundbreaking study to be pub- modest, adjustments to this surface need for us to accelerate what we are lished soon by the National Institutes transportation legislation, we can im- doing to protect our most exposed citi- of Health concludes that the frontal prove the safety of pedestrians and zens, our school age children. This Na- lobe region of the brain which inhibits bicyclists. And with that improved tion has spent the last two generations risky behavior is not fully formed until safety, we make it easier for Ameri- getting kids into cars and buses, rather the age of 25. In my view, this impor- cans to walk and use bicycles to meet than on foot or bicycles. tant report implies that we approach their transportation needs, whether to Now, we are reaping the harvest. Bil- teenagers’ behavior with a new sensi- work, for errands or for simple exercise lions more in added transportation tivity. It also implies that we have a and enjoyment. societal obligation to steer teenagers Currently, safety concerns reduce the costs for our schools districts to bus towards positive risk-taking that fos- comfort of many people to move by our kids to schools. Added congestion ters further growth and development foot and bicycle. Many roadways simon our roadways as families transport and away from negative risk-taking ply do not have sidewalks. And it is a their kids to school by I private auto- that has an adverse effect on their particular problem for our growing el- mobile, clogging traffic at the worst derly population. In many cases, the time possible, during the morning com- well-being and the well-being of others. Unfortunately, we see all too often timing of lights makes it difficult for mute. In Marin County, CA, a pilot this negative risk-taking in teenagers the elderly and those with a disability program has demonstrated substantial to simply get from one side of a busy success in reducing congestion by shift- when they are behind the wheel of a intersection to another. ing children to walking and riding motor vehicle. We see all too often how There is clearly a need for further their bikes to school. this risk-taking needlessly endangers progress in this area. Consider that In addition, we see rising obesity in the life of a teenage driver, his or her nearly 52,000 pedestrians and more than our children and looming public health passengers, and other drivers on the 7,400 bicyclists were killed in the most challenges over the next several gen- road. And we see all too often the trag- recent 10-year period, ending 2003. And, erations, and even shortened life ex- ic results of this risk-taking when irre- we know that many of these deaths, pectancy. We need to promote walking sponsible and reckless behavior behind and thousands of more injuries, are for both health and transportation pur- the wheel of a motor vehicle causes se- avoidable, if we commit ourselves to poses. vere harm and death. doing those things that make a dif- The ‘‘Safe and Complete Streets Act According to the National Transpor- ference. of 2005’’ will not only promote the safe- tation Safety Board, motor vehicle This bill proposes three important ty of pedestrians and bicyclists, it also crashes are the leading cause of death changes to current law. First, it insists will provide benefits to society from for Americans between 15 and 20 years that Federal, State and local agencies smarter use of tax dollars, and by fo- of age. In 2002, teenage drivers, who receiving billions of dollars in federal cusing on safety first. I urge my Senate constituted only 6.4 percent of all driv- transportation funds modernize their colleagues to join with me in sup- ers, were involved in 14.3 percent of all processes—how they plan, what they porting this important legislation. fatal motor vehicle crashes. In 2003, study and how they lead—so that the I am pleased to announce that it has 5,691 teenage drivers were killed in safety of pedestrians and bicyclists are the support of the following eleven na- motor vehicle crashes and 300,000 teen- more fully considered. Second, it en- tional organizations: AARP, American age drivers suffered injuries in motor sures that investments we make today Bikes, American Heart Association, vehicle crashes. don’t add to the problems we already American Public Health Association, The National Highway Traffic Safety have, which is the burden of retro- American Society of Landscape Archi- Administration reports that teenage fitting and reengineering existing tects, American Planning Association, drivers have a fatality rate that is four transportation networks because we League of American Bicyclists, Na- times higher than the average fatality forgot about pedestrians and bicyclists. tional Center for Bicycling & Walking, rate for drivers between 25 and 70 years Finally, it commits additional re- Paralyzed Veterans of America, Rail- of age. Furthermore, teenage drivers sources to a national priority need— to-Trails Conservancy and the Surface who are 16 years of age have a motor getting our children to schools safely Transportation Policy Project. vehicle crash rate that is almost ten on foot and bicycles through a stronger times the crash rate for drivers be- funding commitment to Safe Routes to By Mr. DODD (for himself and tween the ages of 30 and 60. School. Mr. WARNER): Finally, the Insurance Institute for The Senate will soon take up a sur- S. 795, A bill to provide driver safety Highway Safety concludes that the face transportation renewal plan that grants to States with graduated driver chance of a crash by a driver either 16

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3665 or 17 years of age is doubled if there are place that promote safe teenage driv- non-compliance, three percent after two peers in the motor vehicle and ing while others have very weak initia- the second fiscal year, and six percent quadrupled with three or more peers in tives in place. Given how many teen- after the third fiscal year. The bill does the vehicle. agers are killed or injured in motor ve- allow a State to reclaim any withheld Crashes involving teenage injuries or hicle crashes each year, and given how funds if that State comes into compli- fatalities are often highprofile trage- many other motorists and passengers ance within two fiscal years after the dies in the area where they occur. How- are killed or injured in motor vehicle first fiscal year of non-compliance. ever, when taken together, these indi- crashes involving teenage drivers each There are those who will say that the vidual tragedies speak to a national year, Senator Warner and I believe STAND UP Act infringes on States’ problem clearly illustrated by the stag- that the time has come for an initia- rights. I respectfully disagree. I believe gering statistics I just mentioned. It is tive that sets a national minimum that working to protect and ensure the a problem that adversely affects teen- safety standard for teen driving laws lives and safety of the millions of teenage drivers, their passengers, and lit- while giving each State the flexibility age drivers, their passengers, and other erally everyone else who operates or to set additional standards that meet motorists in this country is national in rides in a motor vehicle. Clearly, more the more specific needs of its teenage scope and a job that is rightly suited work must be done to design and im- driver population. The bill that Sen- for Congress. I also believe that the plement innovative methods that edu- ator Warner and I are introducing number of motor vehicle deaths and in- cate our young drivers on the awesome today—the STANDUP Act—is such an juries associated with teenage drivers responsibilities that are associated initiative. There are four principal each year compels us to address this with operating a motor vehicle safely. components of this legislation about important national issue today and not One such method involves imple- which I would like to discuss. tomorrow. menting and enforcing a graduated First, The STANDUP Act mandates The teenage driving provisions with- driver’s license system, or a GDL sys- that all States implement a national in the STANDUP Act are both well- tem. Under a typical GDL system, a minimum safety standard for teenage known and popular with the American teenage driver passes through several drivers that contains three core republic. A Harris Poll conducted in 2001 sequential learning stages before earn- quirements recommended by the Na- found that 95 percent of Americans ing the full privileges associated with tional Transportation Safety Board. support a requirement of 30 to 50 hours an unrestricted driver’s license. Each These requirements include imple- of practice driving within an adult, 92 learning stage is designed to teach a menting a three-stage GDL system, im- percent of Americans support a six- teenage driver fundamental lessons on plementing at least some prohibition month learner’s permit stage, 74 per- driver operations, responsibilities, and on nighttime driving, and placing a recent of Americans support limiting the safety. Each stage also imposes certain striction on the number of passengers number of teen passengers in a motor restrictions, such as curfews on night- without adult supervision. vehicle with a teen driver, and 74 per- time driving and limitations on pas- Second, the STANDUP Act directs cent of Americans also support super- sengers, that further ensure the safety the Secretary of Transportation to vised or restricted driving during high- of the teenage driver, his or her pas- issue voluntary guidelines beyond the risk periods such as nighttime. Clearly, sengers, and other motorists. three core requirements that encour- these numbers show that teen driving First implemented over ten years age States to adopt additional stand- safety is an issue that transcends party ago, three-stage GDL systems now ards that improve the safety of teenage politics and is strongly embraced by a exist in 38 States. Furthermore, every driving. These additional standards solid majority of Americans. There- State in the country has adopted at may include requiring that the learn- fore, I ask my colleagues today to join least one driving restriction for new er’s permit and intermediate stages be Senator Warner and myself in pro- teenage drivers. Several studies have six months each, requiring at least 30 tecting the lives of our teenagers and concluded that GDL systems and other hours of behind-the-wheel driving for a in supporting this important legisla- license restriction measures have been novice driver in the learner’s permit tion. linked to an overall reduction on the stage in the company of a licensed I ask unanimous consent that the number of teenage driver crashes and driver who is over 21 years of age, re- text of this legislation be printed in fatalities. In 1997, in the first full year quiring a novice driver in the learner’s the RECORD. that its GDL system was in effect, permit stage to be accompanied and su- There being no objection, the bill was Florida experienced a 9 percent reduc- pervised by a licensed driver 21 years of ordered to be printed in the RECORD, as tion in fatal and injurious motor vehi- age or older at all times when the nov- follows: cle crashes among teenage drivers be- ice driver is operating a motor vehicle, S. 795 tween 15 and 18 years of age. After GDL and requiring that the granting of an Be it enacted by the Senate and House of Rep- systems were implemented in Michigan unrestricted driver’s license be delayed resentatives of the United States of America in and North Carolina in 1997, the number automatically to any novice driver in Congress assembled, of motor vehicle crashes involving the learner’s permit or intermediate SECTION 1. SHORT TITLE. teenage drivers 16 years in age de- This Act may be cited as the ‘‘Safe Teen stages who commits a motor vehicle and Novice Driver Uniform Protection Act of creased in each State by 25 percent and offense, such as driving while intoxi- 2005’’ or the ‘‘STANDUP Act’’. 27 percent, respectively. And in Cali- cated, misrepresenting his or her true SEC. 2. FINDINGS. fornia, the numbers of teenage pas- age, reckless driving, speeding, or driv- Congress finds the following: senger deaths and injuries in crashes ing without a fastened seatbelt. (1) The National Transportation Safety involving teenage drivers 16 years in Third, the STANDUP Act provides Board has reported that— age decreased by 40 percent between incentive grants to States that come (A) in 2002, teen drivers, which constituted 1998 and 2000, the first three years that into compliance within three fiscal only 6.4 percent of all drivers, were involved California’s GDL system was in effect. years. Calculated on a State’s annual in 14.3 percent of all fatal motor vehicle crashes; The number of ‘‘at-fault’’ crashes in- share of the Highway Trust Fund, these (B) motor vehicle crashes are the leading volving teenage drivers decreased by 24 incentive grants could be used for ac- cause of death for Americans between 15 and percent during the same period. tivities such as training law enforce- 20 years of age; These statistics are promising and ment and relevant State agency per- (C) between 1994 and 2003, almost 64,000 clearly show that many States are tak- sonnel in the GDL law or publishing Americans between 15 and 20 years of age ing an important first step towards ad- relevant educational materials on the died in motor vehicle crashes, an average of dressing this enormous problem con- GDL law. 122 per week; and cerning teenage driver safety. However, Finally, the STANDUP Act calls for (D) in 2003— there is currently no uniformity be- sanctions to be imposed on States that (i) 3,657 American drivers between 15 and 20 years of age were killed in motor vehicle tween States with regards to GDL sys- do not come into compliance after crashes; tem requirements and other novice three fiscal years. The bill withholds (ii) 300,000 Americans between 15 and 20 driver license restrictions. Some 1.5 percent of a State’s Federal high- years of age were injured in motor vehicle States have very strong initiatives in way share after the first fiscal year of crashes; and

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3666 CONGRESSIONAL RECORD — SENATE April 14, 2005 (iii) 7,884 American drivers between 15 and (4) any other requirement that the Sec- United States Code, if that State is not in 20 years of age were involved in fatal crash- retary of Transportation (referred to in this compliance with section 3(a) of this Act on es, resulting in 9,088 total fatalities, a 5 per- Act as the ‘‘Secretary’’) may require, includ- October 1, 2009. cent increase since 1993. ing— (2) FISCAL YEAR 2011.—The Secretary shall (2) Though only 20 percent of driving by (A) a learner’s permit stage of at least 6 withhold 3 percent of the amount otherwise young drivers occurs at night, over 50 per- months; required to be apportioned to any State for cent of the motor vehicle crash fatalities in- (B) an intermediate stage of at least 6 fiscal year 2011 under each of the paragraphs volving young drivers occur at night. months; (1), (3), and (4) of section 104(b) of title 23, (3) The National Highway Traffic Safety (C) for novice drivers in the learner’s per- United States Code, if that State is not in Administration has reported that— mit stage— compliance with section 3(a) of this Act on (A) 6,300,000 motor vehicle crashes claimed (i) a requirement of at least 30 hours of be- October 1, 2010. the lives of nearly 43,000 Americans in 2003 hind-the-wheel training with a licensed driv- (3) FISCAL YEAR 2012 AND THEREAFTER.—The and injured almost 3,000,000 more Americans; er who is over 21 years of age; and Secretary shall withhold 6 percent of the (B) teen drivers between 16 and 20 years of (ii) a requirement that any such driver be amount otherwise required to be apportioned age have a fatality rate that is 4 times the accompanied and supervised by a licensed to any State for each fiscal year beginning rate for drivers between 25 and 70 years of driver 21 years of age or older at all times with fiscal year 2012 under each of the para- age; and when such driver is operating a motor vehi- graphs (1), (3), and (4) of section 104(b) of title (C) drivers who are 16 years of age have a cle; and 23, United States Code, if that State is not in motor vehicle crash rate that is almost ten (D) a requirement that the grant of full li- compliance with section 3(a) of this Act on times the crash rate for drivers aged between censure be automatically delayed, in addi- the first day of such fiscal year. 30 and 60 years of age. tion to any other penalties imposed by State (b) PERIOD OF AVAILABILITY OF WITHHELD (4) According to the Insurance Institute for law for any individual who, while holding a FUNDS.— Highway Safety, the chance of a crash by a provisional license, convicted of an offense, (1) FUNDS WITHHELD ON OR BEFORE SEP- 16- or 17-year-old driver is doubled if there such as driving while intoxicated, misrepre- TEMBER 30, 2011.—Any amount withheld from are 2 peers in the vehicle and quadrupled sentation of their true age, reckless driving, any State under subsection (a) on or before with 3 or more peers in the vehicle. unbelted driving, speeding, or other viola- September 30, 2011, shall remain available for (5) In 1997, the first full year of its grad- tions, as determined by the Secretary. distribution to the State under subsection uated driver licensing system, Florida expe- (b) RULEMAKING.—After public notice and (c) until the end of the third fiscal year fol- rienced a 9 percent reduction in fatal and in- comment rulemaking the Secretary shall lowing the fiscal year for which such amount jurious crashes among young drivers be- issue regulations necessary to implement is appropriated. tween the ages of 15 and 18, compared with this section. (2) FUNDS WITHHELD AFTER SEPTEMBER 30, 1995, according the Insurance Institute for SEC. 4. INCENTIVE GRANTS. 2011.—Any amount withheld under subsection Highway Safety. (a)(2) from any State after September 30, (6) The Journal of the American Medical (a) IN GENERAL.—For each of the first 3 fis- 2011, may not be distributed to the State. Association reports that crashes involving cal years following the date of enactment of 16-year-old drivers decreased between 1995 this Act, the Secretary shall award a grant (c) APPORTIONMENT OF WITHHELD FUNDS and 1999 by 25 percent in Michigan and 27 to any State in compliance with section 3(a) AFTER COMPLIANCE.— percent in North Carolina. Comprehensive on or before the first day of that fiscal year (1) IN GENERAL.—If, before the last day of graduated driver licensing systems were im- that submits an application under subsection the period for which funds withheld under plemented in 1997 in these States. (b). subsection (a) are to remain available to a (7) In California, according to the Auto- (b) APPLICATION.—Any State desiring a State under subsection (b), the State comes mobile Club of Southern California, teenage grant under this section shall submit an ap- into compliance with section 3(a), the Sec- passenger deaths and injuries resulting from plication to the Secretary at such time, in retary shall, on the first day on which the crashes involving 16-year-old drivers de- such manner, and containing such informa- State comes into compliance, distribute to clined by 40 percent from 1998 to 2000, the tion as the Secretary may require, including the State any amounts withheld under sub- first 3 years of California’s graduated driver a certification by the governor of the State section (a) that remains available for appor- licensing program. The number of at-fault that the State is in compliance with section tionment to the State. collisions involving 16-year-old drivers de- 3(a). (2) PERIOD OF AVAILABILITY OF SUBSE- creased by 24 percent during the same period. (c) GRANTS.—For each fiscal year described QUENTLY APPORTIONED FUNDS.—Any amount (8) The National Transportation Safety in subsection (a), amounts appropriated to distributed under paragraph (1) shall remain Board reports that 39 States and the District carry out this section shall be apportioned to available for expenditure by the State until of Columbia have implemented 3-stage grad- each State in compliance with section 3(a) in the end of the third fiscal year for which the uated driver licensing systems. Many States an amount determined by multiplying— funds are so apportioned. Any amount not have not yet implemented these and other (1) the amount appropriated to carry out expended by the State by the end of such pe- basic safety features of graduated driver li- this section for such fiscal year; by riod shall revert back to the Treasury of the censing laws to protect the lives of teenage (2) the ratio that the amount of funds ap- United States. and novice drivers. portioned to each such State for such fiscal (3) EFFECT OF NON-COMPLIANCE.—If a State (9) A 2001 Harris Poll indicates that— year under section 402 of title 23, United is not in compliance with section 3(a) at the (A) 95 percent of Americans support a re- States Code, bears to the total amount of end of the period for which any amount with- quirement of 30 to 50 hours of practice driv- funds apportioned to all such States for such held under subsection (a) remains available ing with an adult; fiscal year under such section 402. for distribution to the State under sub- (B) 92 percent of Americans support a 6- (d) USE OF FUNDS.—Amounts received section (b), such amount shall revert back to month learner’s permit period; and under a grant under this section shall be the Treasury of the United States. (C) 74 percent of Americans support lim- used for— iting the number of teen passengers in a car (1) enforcement and providing training re- By Ms. MURKOWSKI: with a teen driver and supervised driving garding the State graduated driver licensing S. 796. A bill to amend the National during high-risk driving periods, such as law to law enforcement personnel and other relevant State agency personnel; Aquaculture Act of 1980 to prohibit the night. issuance of permits for marine aqua- SEC. 3. STATE GRADUATED DRIVER LICENSING (2) publishing relevant educational mate- LAWS. rials that pertain directly or indirectly to culture facilities until requirements (a) MINIMUM REQUIREMENTS.—A State is in the State graduated driver licensing law; and for such permits are enacted into law; compliance with this section if the State has (3) other administrative activities that the to the Committee on Agriculture, Nu- a graduated driver licensing law that in- Secretary considers relevant to the State trition, and Forestry. cludes, for novice drivers under the age of graduated driver licensing law. Ms. MURKOWSKI. Mr. President. I (e) AUTHORIZATION OF APPROPRIATIONS.— 21— am today reintroducing a very impor- (1) a 3-stage licensing process, including a There are authorized to be appropriated out learner’s permit stage and an intermediate of the Highway Trust Fund (other than the tant bill on a subject that was not re- stage before granting an unrestricted driv- Mass Transit Account) to carry out this sec- solved last year, and which continues er’s license; tion $25,000,000 for each of the fiscal years to be an outstanding issue for those of (2) a prohibition on nighttime driving dur- 2005 through 2009. us who are dependent on healthy and ing the learner’s permit and intermediate SEC. 5. WITHHOLDING OF FUNDS FOR NON-COM- productive natural populations of stages; PLIANCE. ocean fish and shellfish. (3) a prohibition, during the learner’s per- (a) IN GENERAL.— Simply put, this bill prohibits fur- mit intermediate stages, from operating a (1) FISCAL YEAR 2010.—The Secretary shall motor vehicle with more than 1 non-familial withhold 1.5 percent of the amount otherwise ther movement toward the develop- passenger under the age of 21 if there is no li- required to be apportioned to any State for ment of aquaculture facilities in fed- censed driver 21 years of age or older present fiscal year 2010 under each of the paragraphs eral waters until Congress has had an in the motor vehicle; and (1), (3), and (4) of section 104(b) of title 23, opportunity to review all of the very

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3667 serious implications, and make deci- for legislation that would encourage (2) by inserting after section 9 the fol- sions on how such development should the development of huge new fish farms lowing new section: proceed. off our coasts. PROHIBITION ON PERMITS FOR AQUACULTURE Some people are calling for a morato- Not only do the proponents want to ‘‘SEC. 10. (a) IN GENERAL.—The head of an rium on offshore aquaculture. Frankly, encourage such development, but re- agency with jurisdiction to regulate aqua- Mr. President, we need more than a ports indicate they may also want to culture may not issue a permit or license to delay—we need a very comprehensive change the way decisions are made so permit an aquaculture facility located in the exclusive economic zone to operate until discussion of this issue and a serious that all the authority rests in the after the date on which a bill is enacted into debate on what the ground-rules should hands of just one federal agency. I be- law that— be. lieve that would be a serious mistake. ‘‘(1) sets out the type and specificity of the For years, some members of the fed- There are simply too many factors that analyses that the head of an agency with ju- eral bureaucracy have advocated going should be evaluated—from hydraulic risdiction to regulate aquaculture shall forward with offshore aquaculture de- engineering, to environmental impacts, carry out prior to issuing any such permit or velopment without that debate. Doing to fish biology, to the management of license, including analyses related to— ‘‘(A) disease control; so, would be an extraordinarily bad disease, to the nutritional character of ‘‘(B) structural engineering; idea. farmed fish, and so on—for any existing ‘‘(C) pollution; We are now being told that the Ad- agency. ‘‘(D) biological and genetic impacts; ministration is in the final stages of We cannot afford a rush to judgment ‘‘(E) access and transportation; preparing a draft bill to allow offshore on this issue—it is far too dangerous if ‘‘(F) food safety; and ‘‘(G) social and economic impacts of such aquaculture development to occur, and we make a mistake. In my view, such a facility on other marine activities, including that it plans to send a draft to the Hill serious matter deserves the same level commercial and recreational fishing; and in the very near future. The problem is, of scrutiny by Congress as the rec- ‘‘(2) requires that a decision to issue such that draft has been prepared in deep se- ommendations of the U.S. Commission a permit or license be— crecy. We have only rumors about what on Ocean Policy for other sweeping ‘‘(A) made only after the head of the agen- may be in that draft bill. The adminis- changes in ocean governance. cy that issues such license or permit tration has had meetings on the gen- The ‘‘Natural Stock Conservation consults with the Governor of each State located within a 200-mile radius of the aqua- eral topic of aquaculture, but has done Act’’ I am introducing today lays down culture facility; and little to nothing to work with those of a marker for where the debate on off- ‘‘(B) approved by the regional fishery man- us who represent constituents whose shore aquaculture needs to go. It would agement council that is granted authority livelihoods might be imperiled and prohibit the development of new off- under title III of the Magnuson-Stevens states with resources that might be en- shore aquaculture operations until Fishery Conservation and Management Act dangered if the administration gets it Congress has acted to ensure that (16 U.S.C. 1851 et seq.) over a fishery in the wrong. every federal agency involved does the region where the aquaculture facility will be Scientists, the media and the public located. necessary analyses in areas such as dis- ‘‘(b) DEFINITIONS.—In this section: are awakening to the serious disadvan- ease control, engineering, pollution ‘‘(1) AGENCY WITH JURISDICTION TO REGU- tages of fish raised in fish farming op- prevention, biological and genetic im- LATE AQUACULTURE.—The term ‘agency with erations compared to naturally healthy pacts, economic and social effects, and jurisdiction to regulate aquaculture’ means wild fish species such as Alaska salm- other critical issues, none of which are each agency and department of the United on, halibut, sablefish, crab and many specifically required under existing States, as follows: other species. ‘‘(A) The Department of Agriculture. law. ‘‘(B) The Coast Guard. It has become common to see news I strongly urge my colleagues to un- ‘‘( C) The Department of Commerce. reports that cite not only the general derstand that this is not a parochial ‘‘(D) The Environmental Protection Agen- health advantages of eating fish at issue, but a very real threat to the lit- cy. least once or twice a week, but the spe- eral viability of natural fish and shell- ‘‘(E) The Department of the Interior. cific advantages of fish such as wild fish stocks as well as the economic via- ‘‘(F) The U.S. Army Corps of Engineers. ‘‘(2) EXCLUSIVE ECONOMIC ZONE.—The term salmon, which contains essential bility of many coastal communities. ‘exclusive ecoriomic zone’ has the meaning Omega-3 fatty acids that may help re- I sincerely hope that this issue is given that term in section 3 of the of the duce the risk of heart disease and pos- taken up seriously in the context of re- Magnuson-Stevens Fishery Conservation and sibly have similar beneficial effects on authorizing the Magnuson-Stevens Act, Management Act (16 U.S.C. 1802). other diseases. which governs fishery management, ‘‘(3) Regional fishery management coun- Educated and watchful consumers and responding to the recommenda- cil.—The term ‘regional fishery management have also seen recent stories citing re- tions of the U.S. Oceans Commission council’ means a regional fishery manage- search that not only demonstrates that and the Pew Oceans Commission. ment council established under section 302(a) of the Magnuson-Stevens Fishery Conserva- farmed salmon fed vegetable-based food We all want to make sure we enjoy tion and Management Act (16 U.S.C. does not have the same beneficial im- abundant supplies of healthy foods in 1852(a)).’’. pact on cardio-vascular health, but the future, but not if it means unneces- also that the demand for other fish to sary and avoidable damage to wild spe- By Ms. MURKOWSKI (for herself grind up and use as feed in those fish cies, to the environment generally, and and Mr. STEVENS): farms may lead to the decimation of to the economies of America’s coastal S. 797. A bill to amend the Magnuson- those stocks. fishing communities. Stevens Fishery Conservation and Those same alert consumers may I ask unanimous consent that the Management Act to clarify the status also have seen stories indicating that text of my bill be printed in the of certain communities in the western fish farms may create serious pollution RECORD. Alaska community development quota problems from the concentration of There being no objection, the bill was program; to the Committee on Com- fish feces and uneaten food, that fish ordered to be printed in the RECORD, as merce, Science, and Transportation. farms may harbor diseases that can be follows: Ms. MURKOWSKI. Mr. President, I transmitted to previously healthy wild S. 796 am today reintroducing legislation to fish stocks, and that fish farming has Be it enacted by the Senate and House of Rep- clarify the status of villages partici- had a devastating effect on commu- resentatives of the United States of America in pating in the federally established nities that depend on traditional fish- Congress assembled, Community Development Quota (CDQ) eries. SECTION 1. SHORT TITLE. program created to assist economically It is by no means certain that all This Act may be cited as the ‘‘Natural disadvantaged communities around the those problems would be duplicated if Stock Conservation Act of 2005’’. edge of the Bering Sea. we begin to develop fish farms that are SEC. 2. PROHIBITION ON PERMITS FOR AQUA- The CDQ program is one of the CULTURE. farther offshore, but neither is there The National Aquaculture Act of 1980 (16 youngest but most successful of a vari- any evidence that they would not be. D.S.C. 2801 et seq.) is amended— ety of programs intended to improve Yet despite the uncertainties, pro- (1) by redesignating sections 10 and 11 as economic opportunities in some of my ponents have continued to push hard sections 11 and 12 respectively; and S.L.C. State’s most challenged communities.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3668 CONGRESSIONAL RECORD — SENATE April 14, 2005 The CDQ Community Preservation ican fishermen simply did not have ei- DURBIN, LAUTENBERG, MIKULSKI, and Act is intended to maintain the par- ther the vessels or the expertise to par- MURRAY, that would bring a small ticipation of all currently eligible com- ticipate. measure of relief to the families of our munities along the shore of the Bering The Magnuson-Stevens Act changed brave military personnel who are being Sea in Alaska’s Community Develop- all that. It led to the adoption of what deployed for the ongoing fight against ment Quota program. It is necessary we called a ‘‘fish and chips’’ policy that terrorism, the war in Iraq, and other because inconsistencies in statutory provided for an exchange of fish alloca- missions in this country and around and regulatory provisions may require tions for technological and practical the world. It is legislation that the a reassessment of eligibility and the expertise. Within the next few years, Senate adopted unanimously when I of- exclusion of some communities from harvesting fell almost exclusively to fered it as an amendment to the fiscal the program. This was not the intent of American vessels. Within a few years year 2004 Iraq supplemental spending the original program, nor of any subse- after that, processing also became bill and I think it would be very fitting quent changes to it. In order to clarify Americanized. Today, there are no for- for my colleagues to join me in sup- that fact, a legislative remedy is need- eign fishing or processing vessels oper- porting this measure again during this, ed. ating in the 200-mile zone off Alaska, the National Month of the Military Senator STEVENS joined me in intro- and the industry is worth billions of Child. ducing just such a remedy last year, dollars each year. The men and women of our Armed but work on it was not completed and The CDQ program helps bring some Forces undertake enormous sacrifices we were forced to settle for only tem- of the benefits of that great industry to in their service to our country. They porary relief. It is time we dealt with local residents in one of the most im- spend time away from home and from this matter more appropriately. poverished areas of the entire country. their families in different parts of the Alaska has been generously blessed It is a vital element in the effort to country and different parts of the with natural resources, but due to its create and maintain a lasting eco- world and are placed into harm’s way location and limited transportation in- nomic base for the region’s many poor in order to protect the American peo- frastructure it continues to have pock- communities, and truly deserves the ple and our way of life. We owe them a ets of severe poverty. Nowhere is this support of this body. huge debt of gratitude for their dedi- more evident than in the villages I ask unanimous consent that the cated service. around the rim of the Bering Sea. text of my bill be printed in the The ongoing deployments for the The Community Development Quota RECORD. fight against terrorism and for the Program began in 1992, at the rec- There being no objection, the bill was campaign in Iraq are turning upside ommendation of the North Pacific ordered to be printed in the RECORD, as down the lives of thousands of active Fishery Management Council, one of follows: duty, National Guard, and Reserve per- the regional councils formed under the S. 797 sonnel and their families as they seek Magnuson-Stevens Fishery Conserva- Be it enacted by the Senate and House of Rep- to do their duty to their country and tion and Management Act. Congress resentatives of the United States of America in honor their commitments to their fam- gave the program permanent status in Congress assembled, ilies, and, in the case of the reserve the 1996 reauthorization of the Act. The SECTION 1. SHORT TITLE. components, to their employers as program presently includes 65 commu- This Act may be cited as the ‘‘CDQ Com- well. Today, there are more than nities within a 50 nautical-mile radius munity Preservation Act’’. 180,000 National Guard and Reserve per- of the Bering Sea, which have formed SEC. 2. WESTERN ALASKA COMMUNITY DEVELOP- sonnel on active duty. six regional non-profit associations to MENT QUOTA PROGRAM. Some of my constituents are facing participate in the program. The re- (a) ELIGIBLE COMMUNITIES.—Section the latest in a series of activations and gional associations range in size from 305(i)(1) of the Magnuson-Stevens Fishery deployments for family members who one to 20 communities. Under the pro- Conservation and Management Act (16 U.S.C. serve our country in the military. Oth- gram, a portion of the regulated annual 1855(i)) is amended adding at the end the fol- ers are seeing their loved ones off on lowing: harvests of pollock, halibut, sablefish, ‘‘(E) A community shall be eligible to par- their first deployment. All of these Atka mackerel, Pacific cod, and crab is ticipate in the western Alaska community families share in the worry and con- assigned to each of the associations, development quota program under subpara- cern about what awaits their relatives which operate under combined Federal graph (A) if the community was— and hope, as we do, for their swift and and State agency oversight. Almost all ‘‘(i) listed in table 7 to part 679 of title 50, safe return. of an association’s earnings must be in- Code of Federal Regulations, as in effect on Many of those deployed in Iraq have vested in fishing-related projects in January 1, 2004; or had their tours extended beyond the order to encourage a sustainable eco- ‘‘(ii) approved by the National Marine time they had expected to stay. This Fisheries Service on April 19, 1999.’’. extension has played havoc with the nomic base for the region. (b) CONFORMING AMENDMENT.—Such section Typically, each association sells its is further amended, in paragraph (B), by lives of those deployed and their fami- share of the annual harvest quotas to striking ‘‘To’’ and inserting, ‘‘Except as pro- lies. Worried mothers, fathers, spouses, established fishing companies in return vided in subparagraph (E), to’’. and children expecting their loved ones for cash and agreements to provide job home after more than a year of service training and employment opportunities By Mr. FEINGOLD (for himself, have been forced to wait another three for residents of the region. The pro- Mr. CORZINE, Mr. DAYTON, Mr. or four months before their loved ones’ gram has been remarkably successful. DURBIN, Mr. LAUTENBERG, Ms. much-anticipated homecoming. The Since 1992, approximately 9,000 jobs MIKULSKI, and Mrs. MURRAY): emotional toll is huge. So is the impact have been created for western Alaska S. 798. A bill to amend the Family on a family’s daily functioning as bills residents with wages totaling more and Medical Leave Act of 1993 and title still need to be paid, children need to than $60 million. The CDQ program has 5, United States Code, to provide enti- get to school events, and sick family also contributed to fisheries infrastruc- tlement to leave to eligible employees members must still be cared for. ture development in western Alaska, as whose spouse, son, daughter, or parent Our men and women in uniform face well as providing vessel loan programs; is a member of the Armed Forces who these challenges without complaint. education, training and other CDQ-re- is serving on active duty in support of But we should do more to help them lated benefits. a contingency operation or who is noti- and their families with the many The CDQ program has its roots in the fied of an impending call or order to things that preparing to be deployed amazing success story of how our off- active duty in support of a contingency requires. shore fishery resources were American- operation, and for other purposes; to During the first round of mobiliza- ized after the passage of the original the Committee on Health, Education, tions for operations in Afghanistan and Magnuson Act in 1976. At the time, Labor, and Pensions. Iraq, military personnel and their fam- vast foreign fishing fleets were almost Mr. FEINGOLD. Mr. President, today ilies were given only a couple of days’ the only ones operating in the U.S. 200- I introduce legislation on behalf of my- notice that their units would be de- mile Exclusive Economic Zone. Amer- self and Senators CORZINE, DAYTON, ployed. As a result, these dedicated

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3669 men and women had only a very lim- mark Family and Medical Leave Act SEC. 2. LEAVE FOR MILITARY FAMILIES UNDER ited amount of time to get their lives (FMLA) during the early days of my THE FAMILY AND MEDICAL LEAVE ACT OF 1993. in order. For members of the National service to the people of Wisconsin as a (a) ENTITLEMENT TO LEAVE.—Section Guard and Reserve, this included in- member of this body. This important 102(a)(1) of the Family and Medical Leave forming their employers of the deploy- legislation allows eligible workers to Act of 1993 (29 U.S.C. 2612(a)(1)) is amended ment. I want to commend the many take up to 12 weeks of unpaid leave per by adding at the end the following new sub- employers around the country for their year for the birth or adoption of child, paragraph: understanding and support when their the placement of a foster child, to care ‘‘(E) Because of any qualifying exigency employees were called to active duty. for a newborn or newly adopted child (as the Secretary may by regulation determine) arising out of the fact that the spouse, In preparation for a deployment, or newly placed foster child, or to care military families often have to scram- or a son, daughter, or parent of the employee for their own serious health condition is on active duty (or has been notified of an ble to arrange for child care, to pay or that of a spouse, a parent, or a child. impending call or order to active duty) in bills, to contact their landlords or Some employers offer a portion of this the Armed Forces in support of a contin- mortgage companies, and to take care time as paid leave in addition to other gency operation.’’. of other things that we deal with on a accrued leave, while others allow work- (b) INTERMITTENT OR REDUCED LEAVE daily basis. ers to use accrued vacation or sick SCHEDULE.—Section 102(b)(1) of such Act (29 The legislation I introduce today U.S.C. 2612(b)(1)) is amended by inserting leave for this purpose prior to going on would allow eligible employees whose after the second sentence the following new unpaid leave. spouses, parents, sons, or daughters are sentence: ‘‘Subject to subsection (e)(3) and military personnel who are serving on Since its enactment in 1993, the section 103(f), leave under subsection FMLA has helped more than 35 million (a)(1)(E) may be taken intermittently or on a or called to active duty in support of a reduced leave schedule.’’. contingency operation to use their American workers to balance responsibilities to their families and their (c) SUBSTITUTION OF PAID LEAVE.—Section Family and Medical Leave Act (FMLA) 102(d)(2)(A) of such Act (29 U.S.C. benefits for issues directly relating to jobs. According to the Congressional 2612(d)(2)(A)) is amended by striking ‘‘or (C)’’ or resulting from that deployment. Research Service, between 2.2 million and inserting ‘‘(C), or (E)’’. These instances could include prepara- and 6.1 million people took advantage (d) NOTICE.—Section 102(e) of such Act (29 tion for deployment or additional re- of these benefits in 1999-2000. U.S.C. 2612(e)) is amended by adding at the sponsibilities that family members Our military families sacrifice a end the following new paragraph: great deal. Active duty families often ‘‘(3) NOTICE FOR LEAVE DUE TO ACTIVE DUTY take on as a result of a loved one’s de- OF FAMILY MEMBER.—In any case in which ployment, such as child care. move every couple of years due to the necessity for leave under subsection But don’t just take my word for it. transfers and new assignments. The (a)(1)(E) is foreseeable based on notification Here is what the National Military twelve years since FMLA’ s enactment of an impending call or order to active duty Family Association has to say in a let- has also been a time where we as a in support of a contingency operation, the ter of support: country have relied more heavily on employee shall provide such notice to the (The National Military Family Associa- National Guard and Reserve personnel employer as is reasonable and practicable.’’. tion) has heard from many families about for more and more deployments of (e) CERTIFICATION.—Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the the difficulty of balancing family obligations longer and longer duration. The grow- with job requirements when a close family end the following new subsection: ing burden on these service members’ ‘‘(f) CERTIFICATION FOR LEAVE DUE TO AC- member is deployed. Suddenly, they are sin- TIVE DUTY OF FAMILY MEMBER.—An employer gle parents or, in the case of grandparents, families must be addressed, and this may require that a request for leave under assuming the new responsibility of caring for legislation is one way to do so. section 102(a)(1)(E) be supported by a certifi- grandchildren. The days leading up to a de- This legislation has the support of a cation issued at such time and in such man- ployment can be filled with pre-deployment number of organizations, including the ner as the Secretary shall by regulation pre- briefings and putting legal affairs in order. Wisconsin National Guard, the Mili- scribe. If the Secretary issues a regulation In that same letter, the National tary Officers Association of America, requiring such certification, the employee Military Family Association states the Enlisted Association of the Na- shall provide, in a timely manner, a copy of that, ‘‘Military families, especially tional Guard of the United States, the such certification to the employer.’’. those of deployed service members, are Reserve Enlisted Association, the Re- (f) DEFINITION.—Section 101 of such Act (29 called upon to make extraordinary sac- serve Officers Association, the Na- U.S.C. 2611) is amended by adding at the end rifices. (The Military Families Leave tional Military Family Association, the following new paragraph: ‘‘(14) CONTINGENCY OPERATION.—The term Act) offers families some breathing the National Council on Family Rela- ‘contingency operation’ has the same mean- room as they adjust to this time of sep- tions, and the National Partnership for ing given such term in section 101(a)(13) of aration.’’ Women and Families. The Military Co- title 10, United States Code.’’. On July 21, 2004, then-Governor Jo- alition, an umbrella organization of 31 SEC. 3. LEAVE FOR MILITARY FAMILIES UNDER seph Kernan of Indiana testified before prominent military organizations, TITLE 5, UNITED STATES CODE. a joint hearing of the Senate Health, specified this legislation as one of five (a) ENTITLEMENT TO LEAVE.—Section Labor, Education, and Pensions and meriting special consideration during 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following Armed Services committees that Con- the fiscal year 2004 Iraq supplemental gress should revise FMLA to include new subparagraph: debate. ‘‘(E) Because of any qualifying exigency activated National Guard families, as We owe it to our military personnel (as defined under section 6387) arising out of recommended by the National Gov- and their families to do all we can to the fact that the spouse, or a son, daughter, ernors’ Association. The legislation I support them in this difficult time. I or parent, of the employee is on active duty introduce today would give many mili- hope that this legislation will bring a (or has been notified of an impending call or tary families some of the assistance small measure of relief to our military order to active duty) in the Armed Forces in support of a contingency operation.’’. Governor Kernan spoke of. families and I urge my colleagues to Let me make sure there is no confu- (b) INTERMITTENT OR REDUCED LEAVE support it. sion about what this legislation does SCHEDULE.—Section 6382(b)(1) of such title is and does not do. This legislation does I ask unanimous consent that the amended by inserting after the second sen- text of my bill be printed in the tence the following new sentence: ‘‘Subject not expand eligibility for FMLA to em- to subsection (e)(3) and section 6383(f), leave ployees not already covered by FMLA. RECORD. There being no objection, the bill was under subsection (a)(1)(E) may be taken It does not expand FMLA eligibility to intermittently or on a reduced leave sched- active duty military personnel. It sim- ordered to be printed in the RECORD, as ule.’’. ply allows those already covered by follows: (c) SUBSTITUTION OF PAID LEAVE.—Section FMLA to use those benefits in one ad- S. 798 6382(d) of such title is amended by striking ‘‘or (D)’’ and inserting ‘‘(D), or (E)’’. ditional set of circumstances—to deal Be it enacted by the Senate and House of Rep- (d) NOTICE.—Section 6382(e) of such title is with issues directly related to or re- resentatives of the United States of America in amended by adding at the end the following sulting from the deployment of a fam- Congress assembled, new paragraph: ily member. SECTION 1. SHORT TITLE. ‘‘(3) In any case in which the necessity for I was proud to cosponsor and vote for This Act may be cited as the ‘‘Military leave under subsection (a)(1)(E) is foresee- the legislation that created the land- Families Leave Act of 2005’’. able based on notification of an impending

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3670 CONGRESSIONAL RECORD — SENATE April 14, 2005 call or order to active duty in support of a the safety of their children in outside adults resulted in approximately contingency operation, the employee shall play, encourage them to sit and watch $11,000,000,000 in medical expenditures. provide such notice to the employing agency television. Fast food stores are nearby, (5) Childhood overweight and obesity is as is reasonable and practicable.’’. grocery stores and farmers markets preventable but will require changes across (e) CERTIFICATION.—Section 6383 of such the multiple environments to which our chil- title is amended by adding at the end the fol- with fresh fruits and vegetables are dren are exposed. This includes homes, lowing new subsection: not. schools, communities, and society at large. ‘‘(f) An employing agency may require that According to the Institute of Medi- (6) Overweight and obesity in children are a request for leave under section 6382(a)(1)(E) cine, prevention of obesity in children caused by unhealthy eating habits and insuf- be supported by a certification issued at such and youth requires public health action ficient physical activity. time and in such manner as the employing at its broadest and most inclusive (7) Only 2 percent of school children meet agency may require.’’. all of the recommendations of the Food (f) DEFINITION.—Section 6381 of such title is level, with coordination between federal and state governments, within Guide Pyramid. Sixty percent of young peo- amended— ple eat too much fat and less than 20 percent (1) in paragraph (5)(B), by striking ‘‘and’’ schools and communities, and involv- eat the recommended 5 or more servings of at the end; ing industry and media, so that chil- fruits and vegetables each day. (2) in paragraph (6)(B), by striking the pe- dren can make food and activity (8) More than one third of young people do riod at the end and inserting ‘‘; and’’; and choices that lead to healthy weights. not meet recommended guidelines for phys- (3) by adding at the end the following new The Prevention of Childhood Obesity ical activity. Daily participation in high paragraph: Act makes the current epidemic a na- school physical education classes dropped ‘‘(6) the term ‘contingency operation’ has from 42 percent in 1991 to 28 percent in 2003. the same meaning given such term in section tional public health priority. It ap- (9) Children spend an average of 51⁄2 hours 101(a)(13) of title 10.’’. points a federal commission on food policies to promote good nutrition. per day using media, more time than they spend doing anything besides sleeping. By Mr. KENNEDY: Guidelines for food and physical activ- (10) Children are exposed to an average of S. 799. A bill to amend the Public ity advertisements will be established 40,000 television advertisements each year Health Service Act to provide for the by a summit conference of representa- for candy, high sugar cereals, and fast food. coordination of Federal Government tives from education, industry, and Fast food outlets alone spend $3,000,000,000 in policies and activities to prevent obe- health care. Grants are provided to advertisements targeting children. Children sity in childhood, to provide for State states to implement anti-obesity plans, are exposed to 1 food commercial every 5 childhood obesity prevention and con- including curricula and training for minutes. trol, and to establish grant programs educators, for obesity prevention ac- (11) A coordinated effort involving evidence-based approaches is needed to ensure to prevent childhood obesity within tivities in preschool, school and after- children develop in a society in which homes, schools, and communities; to school programs, and for sidewalks, healthy lifestyle choices are available and the Committee on Health, Education, bike trails, and parks where children encouraged. Labor, and Pensions. can play and be both healthy and safe. TITLE I—FEDERAL OBESITY PREVENTION Mr. KENNEDY. Mr. President, Amer- Prevention is the cornerstone of good SEC. 101. FEDERAL LEADERSHIP COMMISSION TO ica is facing a major public health health and long, productive lives for all PREVENT CHILDHOOD OBESITY. problem because of the epidemic of Americans. Childhood obesity is pre- Part Q of title III of the Public Health obesity in the nation’s children. Nine ventable, but we have to work together Service Act (42 U.S.C. 280h et seq.) is amend- million children today are obese. Over to stop this worsening epidemic and ed by inserting after section 399W, the following: the past three decades, the rate of obe- protect our children’s future. Congress ‘‘SEC. 399W–1. FEDERAL LEADERSHIP COMMIS- sity has more than doubled in pre- must to do its part and I urge my col- SION TO PREVENT CHILDHOOD OBE- school children and adolescents, and leagues to support this legislation. SITY. tripled among all school-age children. I ask unanimous consent that the ‘‘(a) IN GENERAL.—The Secretary shall en- The health risks are immense. If the text of the bill be printed in the sure that the Federal Government coordi- current rates do not decrease, 30 per- RECORD. nates efforts to develop, implement, and en- cent of boys and 40 percent of girls There being no objection, the bill was force policies that promote messages and activities designed to prevent obesity among born in 2000 will develop diabetes, ordered to be printed in the RECORD, as children and youth. which can lead to kidney failure, blind- follows: ‘‘(b) ESTABLISHMENT OF LEADERSHIP COM- ness, heart disease and stroke. S. 799 MISSION.—The Secretary, acting through the Obese children are 80 percent likely Be it enacted by the Senate and House of Rep- Director of the Centers for Disease Control to become obese adults, with signifi- resentatives of the United States of America in and Prevention, shall establish within the cantly greater risk for not only diabe- Congress assembled, Centers for Disease Control and Prevention a Federal Leadership Commission to Prevent SECTION 1. SHORT TITLE. tes, but heart disease, arthritis and Childhood Obesity (referred to in this section This Act may be cited as the ‘‘Prevention certain types of cancer. The economic as the ‘Commission’) to assess and make rec- impact of obesity-related health ex- of Childhood Obesity Act’’. ommendations for Federal departmental penditures in 2004 reached $129 billion, SEC. 2. FINDINGS. policies, programs, and messages relating to a clear sign of the lower quality of life Congress makes the following findings: the prevention of childhood obesity. The Di- likely to be faced by the growing num- (1) Childhood overweight and obesity is a rector shall serve as the chairperson of the major public health threat to the United Commission. ber of the nation’s youth. States. The rates of obesity have doubled in Childhood obesity is the obvious re- ‘‘(c) MEMBERSHIP.—The Commission shall preschool children and tripled in adolescents include representatives of offices and agen- sult of too much food and too little ex- in the past 25 years. About 9,000,000 young cies within— ercise. Children are especially suscep- people are considered overweight. ‘‘(1) the Department of Health and Human tible because of the dramatic social (2) Overweight and obesity is more preva- Services; changes that have been taking place lent in Mexican American and African Amer- ‘‘(2) the Department of Agriculture; for many years. Children are exposed ican youth. Among Mexican Americans, 24 ‘‘(3) the Department of Commerce; to 40,000 food advertisements a year percent of children (6 to 11 years) and adoles- ‘‘(4) the Department of Education; one food commercial every minute— cents (12 to 19 years) are obese and another ‘‘(5) the Department of Housing and Urban 40 percent of children and 44 percent of ado- urging them to eat candy, snacks, and Development; lescents are overweight. Among African ‘‘(6) the Department of the Interior; fast food. Vending machines are now in Americans, 20 percent of children and 24 per- ‘‘(7) the Department of Labor; 43 percent of elementary schools and 97 cent of adolescents are obese and another 36 ‘‘(8) the Department of Transportation; percent of high schools, offering young percent of children and 41 percent of adoles- ‘‘(9) the Federal Trade Commission; and students easy access to soft drinks and cents are overweight. ‘‘(10) other Federal entities as determined snacks that can double their risk of (3) Childhood overweight and obesity is re- appropriate by the Secretary. obesity. Many schools have eliminated lated to the development of a number of pre- ‘‘(d) DUTIES.—The Commission shall— physical education classes, leaving ventable chronic diseases in childhood and ‘‘(1) serve as a centralized mechanism to adulthood, such as type 2 diabetes and hyper- coordinate activities related to obesity pre- children less active throughout the tension. vention across all Federal departments and school day. More communities are (4) Overweight adolescents have up to an 80 agencies; built without sidewalks, safe parks, or percent chance of becoming obese adults. In ‘‘(2) establish specific goals for obesity pre- bike trails. Parents, who worry about 2003, obesity-related health conditions in vention, and determine accountability for

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reaching these goals, within and across Fed- ‘‘(C) ACTIVITIES.—The participants in the ‘‘(c) USE OF FUNDS.—An eligible entity eral departments and agencies; Summit shall develop a 5-year plan for im- shall use amounts received under a grant ‘‘(3) review evaluation and economic data plementing the national guidelines rec- under this section to conduct, in a manner relating to the impact of Federal interven- ommended by the Institute of Medicine in consistent with the children’s obesity pre- tions on the prevention of childhood obesity; the report submitted under paragraph (2)(B). vention and control plan under subsection ‘‘(4) provide a description of evidence-based ‘‘(D) EVALUATION AND REPORTS.—Not later (b)(2)— best practices, model programs, effective than 1 year after the date of enactment of ‘‘(1) an assessment of the prevalence and guidelines, and other strategies for pre- this section, and biannually thereafter, the incidence of obesity in children; venting childhood obesity; Commission shall evaluate and submit a re- ‘‘(2) an identification of evidence-based and ‘‘(5) make recommendations to improve port to Congress on the efforts of the Federal cost-effective best practices for preventing Federal efforts relating to obesity preven- Government to implement the recommenda- childhood obesity; tion and to ensure Federal efforts are con- tions made by the Institute of Medicine in ‘‘(3) innovative multi-level behavioral or sistent with available standards and evi- the report under paragraph (2)(B) that shall environmental interventions to prevent dence; and include a detailed description of the plan of childhood obesity; ‘‘(6) monitor Federal progress in meeting the Secretary to implement such rec- ‘‘(4) demonstration projects for the preven- specific obesity prevention goals. ommendations. tion of obesity in children and youth ‘‘(e) STUDY; SUMMIT; GUIDELINES.— ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— through partnerships between private indus- ‘‘(1) STUDY.—The Government Account- There are authorized to be appropriated to try organizations, community-based organi- ability Office shall— carry out this section, such sums as may be zations, academic institutions, schools, hos- ‘‘(A) conduct a study to assess the effect of necessary for each of fiscal years 2006 pitals, health insurers, researchers, health Federal nutrition assistance programs and through 2010. professionals, or other health entities deter- agricultural policies on the prevention of ‘‘(g) DEFINITIONS.—For purposes of this sec- mined appropriate by the Secretary; childhood obesity, and prepare a report on tion, the definitions contained in section 401 ‘‘(5) ongoing coordination of efforts be- the results of such study that shall include a of the Prevention of Childhood Obesity Act tween governmental and nonprofit entities description and evaluation of the content shall apply.’’. pursuing obesity prevention and control ef- and impact of Federal agriculture subsidy SEC. 102. FEDERAL TRADE COMMISSION AND forts, including those entities involved in re- and commodity programs and policies as MARKETING TO CHILDREN AND lated areas that may inform or overlap with YOUTH. such relate to Federal nutrition programs; childhood obesity prevention and control ef- ‘‘(B) make recommendations to guide or (a) IN GENERAL.—Notwithstanding section forts, such as activities to promote school revise Federal policies for ensuring access to 18 of the Federal Trade Commission Act (15 nutrition and physical activity; and nutritional foods in Federal nutrition assist- U.S.C. 57a), the Federal Trade Commission is ‘‘(6) evaluations of State and local policies ance programs; and authorized to promulgate regulations and and programs related to obesity prevention ‘‘(C) complete the activities provided for monitor compliance with the guidelines for in children. under this section not later than 18 months advertising and marketing of nutritional ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— after the date of enactment of this section. foods and physical activity directed at children and youth, as recommended by the Na- There are authorized to be appropriated to ‘‘(2) INSTITUTE OF MEDICINE STUDY.— carry out this section, such sums as may be ‘‘(A) IN GENERAL.—Not later than 6 months tional Summit to Implement Food and Phys- ical Activity Advertising and Marketing necessary for each of fiscal years 2006 after the date of enactment of this section, through 2010. the Secretary shall request that the Insti- Guidelines to Prevent Childhood Obesity (as ‘‘SEC. 399AA–1. COMPREHENSIVE OBESITY PRE- tute of Medicine (or similar organization) established under section 399W–1(e)(3) of the Public Health Service Act). VENTION ACTION GRANTS. conduct a study and make recommendations ‘‘(a) IN GENERAL.—The Secretary shall on guidelines for nutritional food and phys- (b) FINES.—Notwithstanding section 18 of the Federal Trade Commission Act (15 U.S.C. award grants on a competitive basis to eligi- ical activity advertising and marketing to ble entities to enable such entities to imple- prevent childhood obesity. In conducting 57a), the Federal Trade Commission may assess fines on advertisers or network and ment activities related to obesity prevention such study the Institute of Medicine shall— and control. ‘‘(i) evaluate children’s advertising and media groups that fail to comply with the guidelines described in subsection (a). ‘‘(b) ELIGIBILITY.—To be eligible to receive marketing guidelines and evidence-based lit- a grant under this section, an entity shall— erature relating to the impact of advertising TITLE II—STATE CHILDREN AND YOUTH ‘‘(1) be a public or private nonprofit entity; on nutritional foods and physical activity in OBESITY PREVENTION AND CONTROL and children and youth; and SEC. 201. AMENDMENT TO THE PUBLIC HEALTH ‘‘(2) submit to the Secretary an application ‘‘(ii) make recommendations on national SERVICE ACT. at such time, in such manner, and con- guidelines for advertising and marketing Title III of the Public Health Service Act taining such agreements, assurances, and in- practices relating to children and youth (42 U.S.C. 241 et seq.) is amended by adding formation as the Secretary may require, in- that— at the end the following: cluding a description of how funds received ‘‘(I) reduce the exposure of children and ‘‘PART R—OBESITY PREVENTION AND under a grant awarded under this section youth to advertising and marketing of foods CONTROL will be used to— of poor or minimal nutritional value and ‘‘SEC. 399AA. STATE CHILDHOOD OBESITY PRE- ‘‘(A) supplement or fulfill unmet needs practices that promote sedentary behavior; VENTION AND CONTROL PROGRAMS. identified in the children’s obesity preven- and ‘‘(a) IN GENERAL.—The Secretary, acting tion and control plan of a State, Indian ‘‘(II) increase the number of media mes- through the Director of the Centers for Dis- tribe, or territory (as prepared under this sages that promote physical activity and ease Control and Prevention, shall award part); and sound nutrition. competitive grants to eligible entities to ‘‘(B) otherwise help achieve the goals of ‘‘(B) GUIDELINES.—Not later than 2 years support activities that implement the chil- obesity prevention as established by the Sec- after the date of enactment of this section, dren’s obesity prevention and control plans retary or the Commission. the Institute of Medicine shall submit to the contained in the applications submitted ‘‘(c) PRIORITY.—In awarding grants under Commission the final report concerning the under subsection (b)(2). this section, the Secretary shall give pri- results of the study, and making the rec- ‘‘(b) ELIGIBILITY.—To be eligible to receive ority to eligible entities submitting applica- ommendations, required under this para- a grant under this section, an entity shall— tions proposing to carry out programs for graph. ‘‘(1) be a State, territory, or an Indian preventing obesity in children and youth ‘‘(3) NATIONAL SUMMIT.— tribe; and from at-risk populations or reducing health ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(2) submit to the Secretary an application disparities in underserved populations. after the date on which the report under at such time, in such manner, and con- ‘‘(d) USE OF FUNDS.—An eligible entity paragraph (2)(B) is submitted, the Commis- taining such agreements, assurances, and in- shall use amounts received under a grant sion shall convene a National Summit to Im- formation as the Secretary may require, in- awarded under subsection (a) to implement plement Food and Physical Activity Adver- cluding a children’s obesity prevention and and evaluate behavioral and environmental tising and Marketing Guidelines to Prevent control plan that— change programs for childhood obesity pre- Childhood Obesity (referred to in this section ‘‘(A) is developed with the advice of stake- vention. as the ‘Summit’). holders from the public, private, and non- ‘‘(e) EVALUATION.—An eligible entity that ‘‘(B) COLLABORATIVE EFFORT.—The Summit profit sectors that have expertise relating to receives a grant under this section shall sub- shall be a collaborative effort and include obesity prevention and control; mit to the Secretary an evaluation of the op- representatives from— ‘‘(B) targets prevention and control of erations and activities carried out under ‘‘(i) education and child development childhood obesity; such grant that includes an analysis of the groups; ‘‘(C) describes the obesity-related services utilization and benefit of public health pro- ‘‘(ii) public health and behavioral science and activities to be undertaken or supported grams relevant to the activities described in groups; by the applicant; and subsection (d). ‘‘(iii) child advocacy and health care pro- ‘‘(D) describes plans or methods to evalu- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— vider groups; and ate the services and activities to be carried There are authorized to be appropriated to ‘‘(iv) advertising and marketing industry. out under the grant. carry out this section, such sums as may be

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DISCOVERY TO PRACTICE CEN- behavior change curricula to be incorporated ‘‘(b) SCHOOLS.—The Secretary, in consulta- TERS OF EXCELLENCE WITHIN THE into early childhood home visitation pro- tion with the Secretary of Education, shall HEALTH PROMOTION AND DISEASE grams. require that each local educational agency PREVENTION RESEARCH CENTERS ‘‘(b) ELIGIBILITY.—To be eligible to receive that receives Federal funds establish policies OF THE CENTERS FOR DISEASE CON- a grant under this section, an entity shall— TROL AND PREVENTION. to ban vending machines that sell foods of ‘‘(1) be an academic center collaborating poor or minimal nutritional value in schools. ‘‘(a) IN GENERAL.—The Secretary, acting with a public or private nonprofit organiza- through the Director of the Centers for Dis- ‘‘(c) SCHOOL DISTRICTS.— tion that has the capability of testing behav- ‘‘(1) IN GENERAL.—The Secretary shall ease Control and Prevention, shall award ior change curricula in service delivery set- grants to eligible entities for the establish- award grants to local educational agencies tings and disseminating results to home vis- to enable elementary and secondary schools ment of Centers of Excellence for Discovery iting programs nationally, except that an or- to Practice (referred to in this section as the to promote good nutrition and physical ac- ganization testing the behavior change cur- tivity among children. ‘Centers’) implemented through the Health ricula developed under the grant shall imple- Promotion and Disease Prevention Research ‘‘(2) CAROL M. WHITE PHYSICAL EDUCATION ment a model of home visitation that— PROGRAM.—The Secretary of Education, in Centers of the Centers for Disease Control ‘‘(A) focuses on parental education and and Prevention. Such eligible entities shall collaboration with the Secretary, may give care of children who are prenatal through 5 priority in awarding grants under the Carol use grant funds to disseminate childhood years of age; obesity prevention evidence-based practices M. White Physical Education Program under ‘‘(B) promotes the overall health and well- subpart 10 of part D of title V of the Elemen- to individuals, families, schools, organiza- being of young children; and tions, and communities. tary and Secondary Education Act of 1965 to ‘‘(C) adheres to established quality stand- local educational agencies and other eligible ‘‘(b) ELIGIBILITY.—To be eligible to receive ards; and a grant under this section, an entity shall— entities that have a plan to— ‘‘(2) submit to the Secretary an application ‘‘(A) implement behavior change curricula ‘‘(1) be a Health Promotion and Disease at such time, in such manner, and con- Prevention Research Center of the Centers that promotes the concepts of energy bal- taining such agreements, assurances, and in- ance, good nutrition, and physical activity; for Disease Control and Prevention; formation as the Secretary may require. ‘‘(2) demonstrate a history of service to ‘‘(B) implement policies that encourage ‘‘(c) PRIORITY.—In awarding grants under and collaboration with populations with a the appropriate portion sizes and limit ac- this section, the Secretary shall give pri- cess to soft drinks or other foods of poor or high incidence of childhood obesity; and ority to eligible entities submitting applica- ‘‘(3) submit to the Secretary an application minimal nutritional value on school cam- tions that propose to develop and implement puses, and at school events; at such time, in such manner, and con- programs for preventing childhood obesity taining such agreements, assurances, and in- ‘‘(C) provide age-appropriate daily physical and reducing health disparities in under- activity that helps students to adopt, main- formation as the Secretary may require. served populations. ‘‘(c) PRIORITY.—In awarding grants under tain, and enjoy a physically active lifestyle; ‘‘(d) USE OF FUNDS.—An eligible entity ‘‘(D) maintain a minimum number of func- this section, the Secretary shall give pri- shall use amounts received under a grant ority to applications targeting childhood tioning water fountains (based on the num- under this section to develop, implement, ber of individuals) in school buildings; obesity prevention activities in underserved and evaluate the impact of behavior change populations. ‘‘(E) prohibit advertisements and mar- curricula for early childhood home visitation keting in schools and on school grounds for ‘‘(d) USE OF FUNDS.—An eligible entity programs that— shall use amounts received under a grant foods of poor or minimal nutritional value ‘‘(1) encourage breast-feeding of infants; such as fast foods, soft drinks, and candy; under this section to disseminate childhood ‘‘(2) promote age-appropriate portion sizes obesity prevention evidence-based practices and for a variety of nutritious foods; ‘‘(F) develop and implement policies to through activities that— ‘‘(3) promote consumption of fruits and ‘‘(1) expand the availability of evidence- conduct an annual assessment of each stu- vegetables and low-energy dense foods; and dent’s body mass index and provide such as- based nutrition and physical activity pro- ‘‘(4) encourage education around parental grams designed specifically for the preven- sessment to the student and the parents of modeling of physical activity and reduction that student with appropriate referral mech- tion of childhood obesity; and in television viewing and other sedentary ac- ‘‘(2) train lay and professional individuals anisms to address concerns with respect to tivities by toddlers and young children. the results of such assessments. on determinants of and methods for pre- ‘‘(e) EVALUATION.—Not later than 3 years ‘‘(3) GRANTS FOR ADDITIONAL ACTIVITIES.— venting childhood obesity. after the date on which a grant is awarded ‘‘(e) EVALUATION.—An eligible entity that The Director of the Centers for Disease Con- under this section, the grantee shall submit trol and Prevention, in collaboration with receives a grant under this section shall sub- to the Secretary a report that describes the mit to the Secretary an evaluation of the op- the Secretary, the Secretary of Agriculture, activities carried out with funds received and the Secretary of Education, shall award erations and activities carried out under under the grant and the effectiveness of such such a grant that includes an analysis of in- grants for the implementation and evalua- activities in preventing obesity by improv- tion of activities that— creased utilization and benefit of programs ing nutrition and increasing physical activ- relevant to the activities described in sub- ‘‘(A) educate students about the health ity. benefits of good nutrition and moderate or section (d). ‘‘(f) INCORPORATION INTO EVIDENCE-BASED UTHORIZATION OF PPROPRIATIONS vigorous physical activity by integrating it ‘‘(f) A A .— PROGRAMS.—The Secretary, in consultation into other subject areas and curriculum; There are authorized to be appropriated to with the heads of other Federal departments ‘‘(B) provide food options that are low in carry out this section, $50,000,000 for each of and agencies, shall ensure that policies that fat, calories, and added sugars such as fruit, fiscal years 2006 through 2010. prevent childhood obesity are incorporated vegetables, whole grains, and dairy products; ‘‘SEC. 399AA–3. DEFINITIONS. into evidence-based early childhood home ‘‘(C) develop and implement guidelines for ‘‘For purposes of this part, the definitions visitation programs in a manner that pro- healthful snacks and foods for sale in vend- contained in section 401 of the Prevention of vides for measurable outcomes. ing machines, school stores, and other Childhood Obesity Act shall apply.’’. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— venues within the school’s control; There is authorized to be appropriated to TITLE III—FEDERAL PROGRAMS TO ‘‘(D) restrict student access to vending ma- carry out this section, $25,000,000 for each of PREVENT CHILDHOOD OBESITY chines, school stores, and other venues that fiscal years 2006 through 2010.’’. Subtitle A—Preventing Obesity at Home contain foods of poor or minimal nutritional SEC. 301. DEVELOPMENT OF OBESITY PREVEN- Subtitle B—Preventing Childhood Obesity in value; TION BEHAVIOR CHANGE CUR- Schools ‘‘(E) encourage adherence to single-portion RICULA FOR EARLY CHILDHOOD SEC. 311. PREVENTING CHILDHOOD OBESITY IN sizes, as defined by the Food and Drug Ad- HOME VISITATION PROGRAMS. SCHOOLS. ministration, in foods offered in the school Title III of the Public Health Service Act (a) IN GENERAL.—Part S of title III of the environment; (42 U.S.C. 241 et seq.), as amended by section Public Health Service Act (as added by sec- ‘‘(F) provide daily physical education for 201, is further amended by adding at the end tion 301) is amended by adding at the end the students in prekindergarten through grade 12 the following: following: through programs that are consistent with ‘‘PART S—PREVENTING CHILDHOOD ‘‘SEC. 399BB–1. PREVENTING CHILDHOOD OBE- the Guidelines for Physical Activity as re- OBESITY SITY IN SCHOOLS. ported by Centers for Disease Control and ‘‘SEC. 399BB. DEVELOPMENT OF OBESITY PRE- ‘‘(a) IN GENERAL.—The Secretary, in col- Prevention and the American College of VENTION BEHAVIOR CHANGE CUR- laboration with the Director of the Centers Sports Medicine and National Physical Edu- RICULA FOR EARLY CHILDHOOD for Disease Control and Prevention, the Sec- cation Standards; HOME VISITATION PROGRAMS. retary of Education, the Secretary of Agri- ‘‘(G) encourage the use of school facilities ‘‘(a) IN GENERAL.—The Secretary, in col- culture, and the Secretary of the Interior for physical activity programs offered by the laboration with the Director of the Centers shall establish and implement activities to school or community-based organizations for Disease Control and Prevention and the prevent obesity by encouraging healthy nu- outside of school hours;

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‘‘(H) promote walking or bicycling to and under this section to develop, implement, ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— from school using such programs as Walking and evaluate, and disseminate the results of There is authorized to be appropriated to School Bus and Bike Train; such evaluations, the impact of curricula for carry out this section, $10,000,000 for each of ‘‘(I) train school personnel in a manner afterschool programs that promote— fiscal years 2006 through 2010.’’. that provides such personnel with the knowl- ‘‘(1) age-appropriate portion sizes; Subtitle E—Preventing Childhood Obesity in edge and skills needed to effectively teach ‘‘(2) consumption of fruits and vegetables Communities lifelong healthy eating and physical activ- and low-energy dense foods; SEC. 341. PREVENTING CHILDHOOD OBESITY IN ity; and ‘‘(3) physical activity; and COMMUNITIES. ‘‘(J) evaluate the impact of school nutri- ‘‘(4) reduction in television viewing and Part S of title III of the Public Health tion and physical education programs and fa- other passive activities. Service Act (as amended by section 331) is cilities on body mass index and related fit- ‘‘(e) EVALUATION.—Not later than 3 years further amended by adding at the end the ness criteria at annual intervals to deter- after the date on which a grant is awarded following: mine the extent to which national guidelines under this section, the grantee shall submit ‘‘SEC. 399BB–4. PREVENTING CHILDHOOD OBE- are met. to the Secretary a report that described the SITY IN COMMUNITIES. ‘‘(d) EVALUATION.—Not later than 3 years activities carried out with funds received ‘‘(a) IN GENERAL.—The Director of the Cen- after the date on which a grant is awarded under the grant and the effectiveness of such ters for Disease Control and Prevention, in under this section, the grantee shall submit activities in preventing obesity, improving collaboration with the Secretary, the Sec- to the Director of the Centers for Disease nutrition, and increasing physical activity. retary of Transportation, and Secretary of Control and Prevention a report that de- ‘‘(f) INCORPORATION OF POLICIES INTO FED- the Interior, shall award grants and imple- scribes the activities carried out with funds ERAL PROGRAMS.—The Secretary, in con- ment activities to encourage healthy nutri- received under the grant and the effective- sultation with the heads of other Federal de- tion and physical activity by children in ness of such activities in improving nutri- partments and agencies, shall ensure that communities. tion and increasing physical activity. policies that prevent childhood obesity are ‘‘(b) ELIGIBILITY.—To be eligible to receive ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— incorporated into evidence-based afterschool a grant under this section, an entity shall— There is authorized to be appropriated to programs in a manner that provides for ‘‘(1) be a public or private nonprofit organi- carry out this section, $50,000,000 for each of measurable outcomes. zation or community-based organizations fiscal years 2006 through 2010.’’. ‘‘(g) DEFINITION.—In this section, the term that conduct initiatives that— (b) CAROL M. WHITE PHYSICAL EDUCATION ‘afterschool programs’ means programs pro- ‘‘(A) focus on parental education and care PROGRAM.—Subpart 10 of part D of title V of viding structured activities for children dur- of children; the Elementary and Secondary Education ing out-of-school time, including before ‘‘(B) promote the overall health and well- Act of 1965 (20 U.S.C. 7261 et seq.) is amended school, after school, and during the summer being of children; by adding at the end the following: months. ‘‘(C) adhere to established quality stand- ‘‘SEC. 5508. AUTHORIZATION OF APPROPRIA- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ards; and TIONS. There is authorized to be appropriated to ‘‘(D) have the capability to provide train- ‘‘There are authorized to be appropriated carry out this section, $25,000,000 for each of ing on a nationwide basis; and to carry out this subpart, $150,000,000 for fiscal years 2006 through 2010.’’. ‘‘(2) submit to the Secretary an application each of fiscal years 2006 through 2010.’’. Subtitle D—Training Early Childhood and at such time, in such manner, and con- Subtitle C—Preventing Childhood Obesity in Afterschool Professionals to Prevent Child- taining such agreements, assurances, and in- Afterschool Programs hood Obesity formation as the Secretary may require. SEC. 321. CHILDHOOD OBESITY PREVENTION SEC. 331. TRAINING EARLY CHILDHOOD AND ‘‘(c) COMMUNITIES.— GRANTS TO AFTERSCHOOL PRO- AFTERSCHOOL PROFESSIONALS TO ‘‘(1) IN GENERAL.—The Director of the Cen- GRAMS. PREVENT CHILDHOOD OBESITY. ters for Disease Control and Prevention, in Part S of title III of the Public Health Part S of title III of the Public Health collaboration with the Secretary, the Sec- Service Act (as amended by section 311) is Service Act (as amended by section 321) is retary of Transportation, and Secretary of further amended by adding at the end the further amended by adding at the end the the Interior, shall award grants to eligible following: following: entities to develop broad partnerships be- ‘‘SEC. 399BB–2. CHILDHOOD OBESITY PREVEN- ‘‘SEC. 399BB–3. TRAINING EARLY CHILDHOOD tween private and public and nonprofit enti- TION GRANTS TO AFTERSCHOOL AND AFTERSCHOOL PROFES- ties to promote healthy nutrition and phys- PROGRAMS. SIONALS TO PREVENT CHILDHOOD ical activity for children by assessing, modi- ‘‘(a) IN GENERAL.—The Secretary, in col- OBESITY. fying, and improving community planning laboration with the Director of the Centers ‘‘(a) IN GENERAL.—The Secretary, acting and design. for Disease Control and Prevention and the through the Administrator of the Health Re- ‘‘(2) ACTIVITIES.—Amounts awarded under a Secretary of Education, shall award grants sources and Services Administration, shall grant under paragraph (1) shall be used for for the development of obesity prevention award grants to support the training of early the implementation and evaluation of activi- behavior change curricula for afterschool childhood professionals (such as parent edu- ties— programs for children. cators and child care providers) about obe- ‘‘(A) to create neighborhoods that encour- ‘‘(b) ELIGIBILITY.—To be eligible to receive sity prevention, with emphasis on nationally age healthy nutrition and physical activity; a grant under this section, an entity shall— accepted standards. ‘‘(B) to promote safe walking and biking ‘‘(1) be an academic center collaborating ‘‘(b) ELIGIBILITY.—To be eligible to receive routes to schools; with a public or private nonprofit organiza- a grant under this section, an entity shall— ‘‘(C) to design pedestrian zones and con- tion that has the capability of testing behav- ‘‘(1) be a public or private nonprofit organi- struct safe walkways, cycling paths, and ior change curricula in service delivery set- zation that conducts or supports early child- playgrounds; tings and disseminating results to after- hood and afterschool programs, home visita- ‘‘(D) to implement campaigns, in commu- school programs on a nationwide basis, ex- tion, or other initiatives that— nities at risk for sedentary activity, de- cept that an organization testing the behav- ‘‘(A) focus on parental education and care signed to increase levels of physical activity, ior change curricula developed under the of children; which should be evidence-based, and may in- grant shall implement a model of afterschool ‘‘(B) promote the overall health and well- corporate informational, behavioral, and so- programming that shall— being of children; cial, or environmental and policy change ‘‘(A) focus on afterschool programs for ‘‘(C) adhere to established quality stand- interventions; children up to the age of 13 years; ards; and ‘‘(E) to implement campaigns, in commu- ‘‘(B) promote the overall health and well- ‘‘(D) have the capability to provide or dis- nities at risk for poor nutrition, that are de- being of children and youth; and tribute training on a nationwide basis; and signed to promote intake of foods by chil- ‘‘(C) adhere to established quality stand- ‘‘(2) submit to the Secretary an application dren consistent with established dietary ards; and at such time, in such manner, and con- guidelines through the use of different types ‘‘(2) submit to the Secretary an application taining such agreements, assurances, and in- of media including television, radio, news- at such time, in such manner, and con- formation as the Secretary may require. papers, movie theaters, billboards, and mail- taining such agreements, assurances, and in- ‘‘(c) EVALUATION.—Not later than 3 years ings; and formation as the Secretary may require. after the date on which a grant is awarded ‘‘(F) to implement campaigns, in commu- ‘‘(c) PRIORITY.—In awarding grants under under this section, the grantee shall submit nities at risk for poor nutrition, that pro- this section, the Secretary shall give pri- to the Administrator of the Health Re- mote water as the main daily drink of choice ority to eligible entities submitting applica- sources and Services Administration a report for children through the use of different tions proposing to develop, implement, and that describes the activities carried out with types of media including television, radio, evaluate programs for preventing and con- funds received under the grant and the effec- newspapers, movie theaters, billboards, and trolling childhood obesity or reducing health tiveness of such activities in improving the mailings. disparities in underserved populations. practice of child care and afterschool profes- ‘‘(d) EVALUATION.—Not later than 3 years ‘‘(d) USE OF FUNDS.—An eligible entity sionals with respect to the prevention of obe- after the date on which a grant is awarded shall use amounts received under a grant sity. under this section, the grantee shall submit

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to the Director of the Centers for Disease SEC. 344. RESEARCH ON THE RELATIONSHIP BE- (5) OBESITY CONTROL.—The term ‘‘obesity Control and Prevention a report that de- TWEEN THE PHYSICAL ACTIVITY OF control’’ means programs or activities for scribes the activities carried out with funds CHILDREN AND THE BUILT ENVI- the prevention of excessive weight gain. RONMENT. received under the grant and the effective- (6) OBESITY PREVENTION.—The term ‘‘obe- ness of such activities in increasing physical Part S of title III of the Public Health sity prevention’’ means prevention of obesity activity and improving dietary intake. Service Act (as amended by section 341) is or overweight. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— further amended by adding at the end the There is authorized to be appropriated to following: By Ms. COLLINS (for herself, Mr. carry out this section, $50,000,000 for each of ‘‘SEC. 399BB–5. RESEARCH ON THE RELATION- LIEBERMAN, Mr. VOINOVICH, Mr. fiscal years 2006 through 2010.’’. SHIP BETWEEN THE PHYSICAL AC- TIVITY OF CHILDREN AND THE AKAKA, Ms. LANDRIEU, and Mr. SEC. 342. GRANTS AND CONTRACTS FOR A NA- BUILT ENVIRONMENT. DURBIN): TIONAL CAMPAIGN TO CHANGE CHILDREN’S HEALTH BEHAVIORS. ‘‘(a) IN GENERAL.—The Secretary shall sup- S. 800. A bill to amend the District of Section 399Y of the Public Health Service port research efforts to promote physical ac- Columbia Home Rule Act to provide Act (42 U.S.C. 280h–2) is amended by striking tivity in children through enhancement of the District of Columbia with auton- subsection (b) and inserting the following: the built environment. omy over its budgets, and for other ‘‘(b) GRANTS.— ‘‘(b) ELIGIBILITY.—In this section, the term purposes; to the Committee on Home- ‘‘(1) IN GENERAL.—The Secretary, acting ‘eligible institution’ means a public or pri- land Security and Governmental Af- vate nonprofit institution that submits to through the Director of the Centers for Dis- fairs. ease Control and Prevention, shall award the Secretary an application at such time, in such manner, and containing such agree- Ms. Collins. Mr. President, today I grants or contracts to eligible entities to de- am introducing legislation that in- sign and implement culturally and linguis- ments, assurances, and information as the tically appropriate and competent cam- Secretary may require. cludes the District of Columbia Budget paigns to change children’s health behaviors. ‘‘(c) GRANT PROGRAMS.— Autonomy Act of 2005 and the District ‘‘(2) ELIGIBLE ENTITY.—In this subsection, ‘‘(1) RESEARCH.—The Secretary, in collabo- of Columbia Independence of the Chief the term ‘eligible entity’ means a mar- ration with the Transportation Research Financial Officer Act of 2005. Last Con- keting, public relations, advertising, or Board of the National Research Council, gress, I introduced this legislation, other appropriate entity. shall award grants to eligible institutions to which passed the Senate unanimously. ‘‘(3) CONTENT.—An eligible entity that re- expand, intensify, and coordinate research that will— This legislation would provide the Dis- ceives a grant under this subsection shall use trict of Columbia with more autonomy funds received through such grant or con- ‘‘(A) investigate and define causal links be- tract to utilize marketing and communica- tween the built environment and levels of over its local budget and make perma- tion strategies to— physical activity in children; nent the authority of the D.C. Chief Fi- ‘‘(A) communicate messages to help young ‘‘(B) include focus on a variety of geo- nancial Officer. people develop habits that will foster good graphic scales, with particular focus given to Providing the District of Columbia health over a lifetime; smaller geographic units of analysis such as with more autonomy over its local ‘‘(B) provide young people with motivation neighborhoods and areas around elementary budget will help the Mayor and the to engage in sports and other physical activi- schools and secondary schools; Council of the District of Columbia ‘‘(C) identify or develop effective interven- ties; better manage and run the city. Cur- ‘‘(C) influence youth to develop good tion strategies to promote physical activity health habits such as regular physical activ- among children with focus on behavioral rently, the District of Columbia must ity and good nutrition; interventions and enhancements of the built submit its budget through the normal ‘‘(D) educate parents of young people on environment that promote increased use by Federal appropriations process. Unfor- the importance of physical activity and im- children; and tunately, this process is often riddled proving nutrition, how to maintain healthy ‘‘(D) assure the generalizability of inter- with delays. For example, the average behaviors for the entire family, and how to vention strategies to high-risk populations delay for enactment of an appropria- encourage children to develop good nutrition and high-risk communities, including low-in- tions bill for the District of Columbia come urban and rural communities. and physical activity habits; and has been 3 months. The result of this ‘‘(E) discourage stigmatization and dis- ‘‘(2) INTERVENTION PILOT PROGRAMS.—The crimination based on body size or shape. Secretary, in collaboration with the Trans- delay is clear. For a local community ‘‘(4) REPORT.—The Secretary shall evaluate portation Research Board of the National these delays affect programs, planning the effectiveness of the campaign described Research Council and with appropriate Fed- and management initiatives important in paragraph (1) in changing children’s be- eral agencies, shall award grants to pilot to the everyday lives of the residents of haviors and report such results to the Com- test the intervention strategies identified or the city. mittee on Health, Education, Labor, and developed through research activities de- The ability of D.C., like any other Pensions of the Senate and the Committee scribed in paragraph (1) relating to increas- city in the Nation, to operate effi- on Energy and Commerce of the House of ing use of the built environment by children. ciently and address the needs of its ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Representatives. citizens is of utmost importance. Un- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to There is authorized to be appropriated to carry out this section such sums as may be like other budgets that are approved by carry out this section, $125,000,000 for fiscal necessary for each of fiscal years 2006 Congress, the local D.C. budget has a year 2006, and such sums as may be necessary through 2010. direct effect on local services and pro- for each of fiscal years 2007 through 2011.’’. ‘‘SEC. 399BB–6. DEFINITIONS. grams and affects the quality oflife for SEC. 343. PREVENTION OF CHILDHOOD OBESITY ‘‘For purposes of this part, the definitions the residents of D.C. Congress has rec- RESEARCH THROUGH THE NA- contained in section 401 of the Prevention of ognized the practical issues associated TIONAL INSTITUTES OF HEALTH. Childhood Obesity Act shall apply.’’. with running a city. As a result, in the (a) IN GENERAL.—The Director of the Na- TITLE IV—MISCELLANEOUS PROVISIONS tional Institutes of Health, in accordance 1970s, Congress passed the D.C. Home with the National Institutes of Health’s SEC. 401. DEFINITIONS. Rule Act which established the current Strategic Plan for Obesity Research, shall In this Act: form of local government. Congress expand and intensify research that addresses (1) CHILDHOOD.—The term ‘‘childhood’’ also empowered D.C. to enact local the prevention of childhood obesity. means children and youth from birth to 18 laws that affect the everyday lives of (b) PLAN.—The Director of the National In- years of age. District residents. And, now, I believe (2) CHILDREN.—The term ‘‘children’’ means stitutes of Health shall— it is time for Congress to do the same (1) conduct or support research programs children and youth from birth through 18 and research training concerning the preven- years of age. with regard to the local budget. tion of obesity in children; and (3) FOOD OF POOR OR MINIMAL NUTRITIONAL The District of Columbia Budget Au- (2) develop and periodically review, and re- VALUE.—The term ‘‘food of poor or minimal tonomy Act of 2005 would address these vise as appropriate, the Strategic Plan for nutritional value’’ has the meaning given problems by authorizing the local gov- Obesity Research. the term ‘‘food of minimal nutritional ernment to pass its own budget each (c) AUTHORIZATION OF APPROPRIATIONS.— value’’ for purposes of the Richard B. Russell year. This bill would only affect that There is authorized to be appropriated to National School Lunch Act (42 U.S.C. 1751 et portion of the D.C. budget that in- carry out this section, such sums as may be seq.) and part 210 of title 7, Code of Federal cludes the use oflocal funds, not Fed- necessary for each of fiscal years 2006 Regulations. through 2011. Amounts appropriated under (4) OBESITY AND OVERWEIGHT.—The terms eral funds. In addition, the bill still this section shall be in addition to other ‘‘obesity’’ and ‘‘overweight’’ have the mean- provides for congressional oversight. amounts available for carrying out activities ings given such terms by the Centers for Dis- Prior to a local budget becoming effec- of the type described in this section. ease Control and Prevention. tive, Congress will have a 30-day period

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The bill that those providing the funds that are the tional hero. we are introducing today is the next subject of the budget process decide on step in implementing a national, cohe- By Mr. DOMENICI (for himself, how those funds should be spent is a sive drought policy. The bill recognizes Mr. BAUCUS, Mr. BURNS, Mr. matter of simple fairness. There are that drought is a recurring phe- JOHNSON, Mr. ROBERTS, Mr. also the practical difficulties that the nomenon that causes serious economic current system causes when the local BINGAMAN, Mr. ALLARD, Mr. and environmental loss and that a na- budget is not approved until well into WYDEN, Mr. SMITH, Mr. HAGEL, tional drought policy is needed to en- the fiscal year. By enacting this bill, and Mr. BROWNBACK): sure an integrated, coordinated strat- S. 802. A bill to establish a National Congress would be appropriately car- egy. rying out its constitutional duties with Drought Council within the Depart- The National Drought Preparedness respect to the District by improving ment of Agriculture, to improve na- Act of 2005 does the following: It cre- the city’s ability to better plan, man- tional drought preparedness, mitiga- age and run its local programs and tion, and response efforts, and for other ates national policy for drought. This services. This is what the taxpayers of purposes; to the Committee on Agri- will hopefully move the country away the District of Columbia have elected culture, Nutrition, and Forestry. from the costly, ad hoc, response-ori- their local officials to do. Mr. DOMENICI1. Mr. President, I rise ented approach to drought, and move The legislation also includes the Dis- today to introduce The National us toward a pro-active, preparedness trict of Columbia Independence of the Drought Preparedness Act of 2005. First approach. The new national policy Chief Financial Officer Act of 2005 off, I would like to thank Senator BAU- would provide the tools and focus, which would make permanent the au- CUS. As the lead cosponsor, his strong similar to the Stafford Act, for Fed- thority of the District of Columbia leadership and hard work on this bill eral, State, tribal and local govern- Chief Financial Officer. The current has been a tremendous help. ments to address the diverse impacts Chief Financial Officer for the District Drought is a unique emergency situa- and costs caused by drought. of Columbia is operating under author- tion; it creeps in unlike other abrupt The Bill would improve delivery of ity it derived from the D.C. Control weather disasters. Without a national federal drought programs. This would Board, which is currently dormant due drought policy we constantly live not ensure improved program delivery, in- to the city’s improved financial situa- knowing what the next year will bring. tegration and leadership. To achieve tion. That authority was set to sunset Unfortunately, when we find ourselves this intended purpose, the bill estab- when the D.C. Control Board was facing a drought, towns often scramble lishes the National Drought Council, phased out; however, the CFO’s author- to drill new water wells, fires often designating USDA as the lead federal ity continues to be extended through sweep across bone dry forests and farm- agency. The Council and USDA would the appropriations process, until such ers and ranchers are forced to watch provide the coordinating and inte- time as permanent legislation is en- their way of life blow away with the grating function for federal drought acted. dust. programs, much like FEMA provides Ensuring continued financial ac- We must be vigilant and prepare our- that function for other natural disas- countability of the D.C. government is selves for quick action when the next ters under the Stafford Act. crucial for the fiscal stability of the drought cycle begins. Better planning The Act will provide new tools for city. The CFO has played a significant on our part could limit some of the drought preparedness planning. Build- role in maintaining this stability. damage felt by drought. I submit that ing on existing policy and planning While providing the District with more this bill is the exact tool needed for fa- processes, the bill would assist states, autonomy over its budgets, it is also cilitating better planning. local governments, tribes, and other important that the CFO’s authority is This Act establishes a National entities in the development and imple- made permanent and that its role is Drought Council within the Depart- mentation of drought preparedness clear. ment of Agriculture to improve na- plans. The bill does not mandate state I urge my colleagues to support this tional drought preparedness, mitiga- and local planning, but is intended to important piece of legislation. tion and response efforts. The National facilitate plan development and imple- Drought Council will formulate strate- By Mr. NELSON of Florida: mentation through establishment of S. 801. A bill to designate the United gies to alleviate the effects of drought the Drought Assistance Fund. States courthouse located at 300 North by fostering a greater understanding of The bill would improve forecasting & Hogan Street, Jacksonville, Florida, as what triggers wide-spread drought con- monitoring by facilitating the develop- the ‘‘John Milton Bryan Simpson ditions. By educating the public in ment of the National Drought Moni- United States Courthouse’’; to the water conservation and proper land toring Network in order to improve the Committee on Environment and Public stewardship, we can ensure a better characterization of current drought Works. preparedness when future drought conditions and the forecasting of fu- Mr. NELSON. Mr. President, today I plagues our country. ture droughts. Ultimately, this would rise to introduce a bill designating a The impacts of drought are also very provide a better basis to ‘‘trigger’’ fed- Jacksonville courthouse as the John costly. According to NOAA, there have eral drought assistance. been 12 different drought events since Milton Bryan Simpson United States Finally, the bill would authorize the 1980 that resulted in damages and costs Courthouse. USDA to provide reimbursement to exceeding $1 billion each. In 2000, se- John Milton Bryan Simpson was born states for reasonable staging and pre- vere drought in the South-Central and in Kissimmee, FL, in 1903. He was nom- positioning costs when there is a Southeastern states caused losses to inated to the Southern District Court threat of a wildfire. of Florida by President Truman in 1950 agriculture and related industries of over $4 billion. Western wildfires that I ask unanimous consent that the and to the Federal court of appeals by text of the bill be printed in the President Johnson in 1966. year totaled over $2 billion in damages. Designating this courthouse after the The Eastern drought in 1999 led to $1 RECORD. late Judge Simpson is a fitting tribute billion in losses. These are just a few of There being no objection, the bill was to a man whose judicial decisions were the statistics. ordered to be printed in the RECORD, as instrumental in desegregating public While drought affects the economic follows: facilities in Jacksonville, Orlando, and and environmental well being of the S. 802 Daytona Beach. entire nation, the United States has Be it enacted by the Senate and House of Rep- It is important that we remember lacked a cohesive strategy for dealing resentatives of the United States of America in not only his name but also his legacy with serious drought emergencies. As Congress assembled,

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ance, and assistance in developing a com- (16) UNITED STATES.—The term ‘‘United (a) SHORT TITLE.—This Act may be cited as prehensive drought preparedness system. States’’, when used in a geographical sense, the ‘‘National Drought Preparedness Act of SEC. 3. DEFINITIONS. means all of the States. 2005’’. In this Act: (17) WATERSHED.— (b) TABLE OF CONTENTS.—The table of con- (1) COUNCIL.—The term ‘‘Council’’ means (A) IN GENERAL.—The term ‘‘watershed’’ tents of this Act is as follows: the National Drought Council established by means— Sec. 1. Short title; table of contents section 101(a). (i) a region or area with common hydrol- Sec. 2. Findings (2) CRITICAL SERVICE PROVIDER.—The term ogy; Sec. 3. Definitions ‘‘critical service provider’’ means an entity (ii) an area drained by a waterway that Sec. 4. Effect of Act that provides power, water (including water drains into a lake or reservoir; TITLE I—DROUGHT PREPAREDNESS provided by an irrigation organization or fa- (iii) the total area above a designated point on a stream that contributes water to SUBTITLE A—NATIONAL DROUGHT COUNCIL cility), sewer services, or wastewater treatment. the flow at the designated point; or Sec. 101. Membership and voting (3) DIRECTOR.—The term ‘‘Director’’ means (iv) the topographic dividing line from Sec. 102. Duties of the Council the Director of the Office appointed under which surface streams flow in 2 different di- Sec. 103. Powers of the Council section 112(a). rections. Sec. 104. Council personnel matters (4) DROUGHT.—The term ‘‘drought’’ means (B) EXCLUSION.—The term ‘‘watershed’’ Sec. 105. Authorization of appropriations a natural disaster that is caused by a defi- does not include a region or area described in Sec. 106. Termination of Council ciency in precipitation— subparagraph (A) that is larger than a river SUBTITLE B—NATIONAL OFFICE OF DROUGHT (A) that may lead to a deficiency in surface basin. PREPAREDNESS and subsurface water supplies (including riv- (18) WATERSHED GROUP.—The term ‘‘water- Sec. 111. Establishment ers, streams, wetlands, ground water, soil shed group’’ means a group of individuals Sec. 112. Director of the Office moisture, reservoir supplies, lake levels, and that— Sec. 113. Office staff snow pack); and (A) represents the broad scope of relevant interests in a watershed; and SUBTITLE C—DROUGHT PREPAREDNESS PLANS (B) that causes or may cause— (B) works in a collaborative manner to Sec. 121. Drought Assistance Fund (i) substantial economic or social impacts; or jointly plan the management of the natural Sec. 122. Drought preparedness plans resources in the watershed; and Sec. 123. Federal plans (ii) physical damage or injury to individuals, property, or the environment. (C) is formally recognized by each of the Sec. 124. State and tribal plans States in which the watershed lies. Sec. 125. Regional and local plans (5) FUND.—The term ‘‘Fund’’ means the Sec. 126. Plan elements Drought Assistance Fund established by sec- SEC. 4. EFFECT OF ACT. tion 121(a). This Act does not affect— TITLE II—WILDFIRE SUPPRESSION (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (1) the authority of a State to allocate Sec. 201. Grants for prepositioning wildfire has the meaning given the term in section 4 quantities of water under the jurisdiction of suppression resources of the Indian Self-Determination and Edu- the State; or SEC. 2. FINDINGS. cation Assistance Act (25 U.S.C. 450b). (2) any State water rights established as of Congress finds that— (7) INTERSTATE WATERSHED.—The term the date of enactment of this Act. (1) drought is a natural disaster; ‘‘interstate watershed’’ means a watershed TITLE I—DROUGHT PREPAREDNESS (2) regional drought disasters in the United that crosses a State or tribal boundary. Subtitle A—National Drought Council States cause serious economic and environ- (8) MITIGATION.—The term ‘‘mitigation’’ mental losses, yet there is no national policy means a short- or long-term action, program, SEC. 101. MEMBERSHIP AND VOTING. to ensure an integrated and coordinated Fed- or policy that is implemented in advance of (a) IN GENERAL.—There is established in eral strategy to prepare for, mitigate, or re- or during a drought to minimize any risks the Office of the Secretary a council to be spond to such losses; and impacts of drought. known as the ‘‘National Drought Council’’. (3) drought has an adverse effect on re- (9) NATIONAL INTEGRATED DROUGHT INFOR- (b) MEMBERSHIP.— source-dependent businesses and industries MATION SYSTEM.—The term ‘‘National Inte- (1) COMPOSITION.—The Council shall be (including the recreation and tourism indus- grated Drought Information System’’ means composed of— tries); a comprehensive system that collects and in- (A) the Secretary; (4) State, tribal, and local governments tegrates information on the key indicators (B) the Secretary of Commerce; have to increase coordinated efforts with of drought, including stream flow, ground (C) the Secretary of the Army; each Federal agency involved in drought water levels, reservoir levels, soil moisture, (D) the Secretary of the Interior; monitoring, planning, mitigation, and re- snow pack, and climate (including precipita- (E) the Director of the Federal Emergency sponse; tion and temperature), in order to make usa- Management Agency; (5) effective drought monitoring— ble, reliable, and timely assessments of (F) the Administrator of the Environ- (A) is a critical component of drought pre- drought, including the severity of drought mental Protection Agency; paredness and mitigation; and and drought forecasts. (G) 4 members appointed by the Secretary, (B) requires a comprehensive, integrated (10) NEIGHBORING COUNTRY.—The term in coordination with the National Governors national program that is capable of pro- ‘‘neighboring country’’ means Canada and Association— viding reliable, accessible, and timely infor- Mexico. (i) who shall each be a Governor of a State; mation to persons involved in drought plan- (11) OFFICE.—The term ‘‘Office’’ means the and ning, mitigation, and response activities; National Office of Drought Preparedness es- (ii) who shall collectively represent the ge- (6) the National Drought Policy Commis- tablished under section 111. ographic diversity of the United States; sion was established in 1998 to provide advice (12) SECRETARY.—The term ‘‘Secretary’’ (H) 1 member appointed by the Secretary, and recommendations on the creation of an means the Secretary of Agriculture. in coordination with the National Associa- integrated, coordinated Federal policy de- (13) STATE.—The term ‘‘State’’ means— tion of Counties; signed to prepare for and respond to serious (A) each of the several States of the United (I) 1 member appointed by the Secretary, drought emergencies; States; in coordination with the United States Con- (7) according to the report issued by the (B) the District of Columbia; ference of Mayors; National Drought Policy Commission in May (C) the Commonwealth of Puerto Rico; (J) 1 member appointed by the Secretary of 2000, the guiding principles of national (D) Guam; the Interior, in coordination with Indian drought policy should be— (E) American Samoa; tribes, to represent the interests of tribal (A) to favor preparedness over insurance, (F) the Commonwealth of the Northern governments; and insurance over relief, and incentives over Mariana Islands; (K) 1 member appointed by the Secretary, regulation; (G) the Federated States of Micronesia; in coordination with the National Associa- (B) to establish research priorities based (H) the Republic of the Marshall Islands; tion of Conservation Districts, to represent on the potential of the research to reduce (I) the Republic of Palau; and local soil and water conservation districts. drought impacts; (J) the United States Virgin Islands. (2) DATE OF APPOINTMENT.—The appoint- (C) to coordinate the delivery of Federal (14) TRIGGER.—The term ‘‘trigger’’ means ment of each member of the Council shall be services through collaboration with State the thresholds or criteria that must be satis- made not later than 120 days after the date and local governments and other non-Fed- fied before mitigation or emergency assist- of enactment of this Act. eral entities; and ance may be provided to an area— (c) TERM; VACANCIES.— (D) to improve collaboration among sci- (A) in which drought is emerging; or (1) TERM.— entists and managers; and (B) that is experiencing a drought. (A) IN GENERAL.—Except as provided in (8) the National Drought Council, in co- (15) UNDER SECRETARY.—The term ‘‘Under subparagraph (B), a member of the Council ordination with Federal agencies and State, Secretary’’ means the Under Secretary of shall serve for the life of the Council. tribal, and local governments, should provide Agriculture for Natural Resources and Envi- (B) EXCEPTION.—A member of the Council the necessary direction, coordination, guid- ronment. appointed under subparagraphs (G) through

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3677 (K) of subsection (b)(1) shall be appointed for (B) improving the consistency and fairness (i) paragraphs (5) and (6) of section sub- a term of 2 years. of assistance among Federal drought relief section (a); and (2) VACANCIES.— programs; (ii) section 122. (A) IN GENERAL.—A vacancy on the Coun- (4) in conjunction with the Secretary of (C) DEPARTMENT OF AGRICULTURE.—The De- cil— Commerce, coordinate and prioritize specific partment of Agriculture, in cooperation with (i) shall not affect the powers of the Coun- activities to establish and improve the Na- the lead agencies designated under subpara- cil; and tional Integrated Drought Information Sys- graphs (A) and (B), shall be the lead agency (ii) shall be filled in the same manner as tem by— for purposes of implementing section 121. the original appointment was made. (A) taking into consideration the limited (2) COOPERATION FROM OTHER FEDERAL (B) DURATION OF APPOINTMENT.—A member resources for— AGENCIES.—The head of each Federal agency appointed to fill a vacancy occurring before (i) drought monitoring, prediction, and re- shall cooperate as appropriate with the lead the expiration of the term for which the search activities; and agencies in carrying out any duties under predecessor was appointed shall be appointed (ii) water supply forecasting; and this Act. only for the remainder of the term. (B) providing for the development of an ef- (d) REPORTS TO CONGRESS.— (d) MEETINGS.— fective drought early warning system that— (1) ANNUAL REPORT.— (1) IN GENERAL.—The Council shall meet at (i) communicates drought conditions and (A) IN GENERAL.—Not later than 1 year the call of the co-chairs. impacts to— after the date of the first meeting of the (2) FREQUENCY.—The Council shall meet at (I) decisionmakers at the Federal, re- Council, and annually thereafter, the Coun- least semiannually. gional, State, tribal, and local levels of gov- cil shall submit to Congress a report on the (e) QUORUM.—A majority of the members of ernment; activities carried out under this title. the Council, including a designee of a mem- (II) the private sector; and (B) INCLUSIONS.— ber, shall constitute a quorum, but a lesser (III) the public; and (i) IN GENERAL.—The annual report shall number may hold hearings or conduct other (ii) includes near-real-time data, informa- include a summary of drought preparedness business. tion, and products developed at the Federal, plans completed under sections 123 through (f) CO-CHAIRS.— regional, State, tribal, and local levels of 125. (1) IN GENERAL.—There shall be a Federal government that reflect regional and State (ii) INITIAL REPORT.—The initial report sub- co-chair and non-Federal co-chair of the differences in drought conditions; mitted under subparagraph (A) shall include Council. (5) in conjunction with the Secretary of any recommendations of the Council under (2) APPOINTMENT.— the Army and the Secretary of the Interior— paragraph (2) or (3) of subsection (a). (A) FEDERAL CO-CHAIR.—The Secretary (A) encourage and facilitate the develop- (2) FINAL REPORT.—Not later than 7 years shall be Federal co-chair. ment of drought preparedness plans under after the date of enactment of this Act, the subtitle C, including establishing the guide- (B) NON-FEDERAL CO-CHAIR.—Every 2 years, Council shall submit to Congress a report the Council members appointed under sub- lines under sections 121(c) and 122(a); and that recommends— paragraphs (G) through (K) of subsection (B) based on a review of drought prepared- (A) amendments to this Act; and (b)(1) shall select a non-Federal co-chair ness plans, develop and make available to (B) whether the Council should continue. from among the members appointed under the public drought planning models to reduce water resource conflicts relating to SEC. 103. POWERS OF THE COUNCIL. those subparagraphs. water conservation and droughts; (a) HEARINGS.—The Council may hold hear- (g) DIRECTOR.— (6) develop and coordinate public aware- ings, meet and act at any time and place, (1) IN GENERAL.—The Director shall serve ness activities to provide the public with ac- take any testimony and receive any evidence as Director of the Council. cess to understandable, and informative ma- that the Council considers advisable to carry (2) DUTIES.—The Director shall serve the terials on drought, including— out this title. interests of all members of the Council. (A) explanations of the causes of drought, (b) INFORMATION FROM FEDERAL AGEN- SEC. 102. DUTIES OF THE COUNCIL. the impacts of drought, and the damages CIES.— (a) IN GENERAL.—The Council shall— from drought; (1) IN GENERAL.—The Council may obtain (1) not later than 1 year after the date of (B) descriptions of the value and benefits of directly from any Federal agency any infor- the first meeting of the Council, develop a land stewardship to reduce the impacts of mation that the Council considers necessary comprehensive National Drought Policy Ac- drought and to protect the environment; to carry out this title. tion Plan that— (C) clear instructions for appropriate re- (2) PROVISION OF INFORMATION.— (A)(i) delineates and integrates responsibil- sponses to drought, including water con- (A) IN GENERAL.—Except as provided in ities for activities relating to drought (in- servation, water reuse, and detection and subparagraph (B), on request of the Sec- cluding drought preparedness, mitigation, elimination of water leaks; retary or the non-Federal co-chair, the head research, risk management, training, and (D) information on State and local laws ap- of a Federal agency may provide information emergency relief) among Federal agencies; plicable to drought; and to the Council. and (E) information on the assistance available (B) LIMITATION.—The head of a Federal (ii) ensures that those activities are co- to resource-dependent businesses and indus- agency shall not provide any information to ordinated with the activities of the States, tries during a drought; and the Council that the Federal agency head de- local governments, Indian tribes, and neigh- (7) establish operating procedures for the termines the disclosure of which may cause boring countries; Council. harm to national security interests. (B) is consistent with— (b) CONSULTATION.—In carrying out this (c) POSTAL SERVICES.—The Council may (i) this Act and other applicable Federal section, the Council shall consult with use the United States mail in the same man- laws; and groups affected by drought emergencies, inner and under the same conditions as other (ii) the laws and policies of the States for cluding groups that represent— agencies of the Federal Government. water management; (1) agricultural production, wildlife, and (d) GIFTS.—The Council may accept, use, (C) is integrated with drought management fishery interests; and dispose of gifts or donations of services programs of the States, Indian tribes, local (2) forestry and fire management interests; or property. governments, watershed groups, and private (3) the credit community; (e) FEDERAL FACILITIES.—If the Council entities; and (4) rural and urban water associations; proposes the use of a Federal facility for the (D) avoids duplicating Federal, State, trib- (5) environmental interests; purposes of carrying out this title, the Coun- al, local, watershed, and private drought pre- (6) engineering and construction interests; cil shall solicit and consider the input of the paredness and monitoring programs in exist- (7) the portion of the science community Federal agency with jurisdiction over the fa- ence on the date of enactment of this Act; that is concerned with drought and clima- cility. (2) evaluate Federal drought-related pro- tology; SEC. 104. COUNCIL PERSONNEL MATTERS. grams in existence on the date of enactment (8) resource-dependent businesses and (a) COMPENSATION OF MEMBERS.— of this Act and make recommendations to other private entities (including the recre- (1) NON-FEDERAL EMPLOYEES.—A member of Congress and the President on means of ation and tourism industries); and the Council who is not an officer or employee eliminating— (9) watershed groups. of the Federal Government shall serve with- (A) discrepancies between the goals of the (c) AGENCY ROLES AND RESPONSIBILITIES.— out compensation. programs and actual service delivery; (1) DESIGNATION OF LEAD AGENCIES.— (2) FEDERAL EMPLOYEES.—A member of the (B) duplication among programs; and (A) DEPARTMENT OF COMMERCE.—The De- Council who is an officer or employee of the (C) any other circumstances that interfere partment of Commerce shall be the lead United States shall serve without compensa- with the effective operation of the programs; agency for purposes of implementing sub- tion in addition to the compensation re- (3) make recommendations to the Presi- section (a)(4). ceived for services of the member as an offi- dent, Congress, and appropriate Federal (B) DEPARTMENTS OF THE ARMY AND THE IN- cer or employee of the Federal Government. Agencies on— TERIOR.—The Department of the Army and (b) TRAVEL EXPENSES.—A member of the (A) the establishment of common inter- the Department of the Interior shall jointly Council shall be allowed travel expenses at agency triggers for authorizing Federal be the lead agency for purposes of imple- rates authorized for an employee of an agen- drought mitigation programs; and menting— cy under subchapter I of chapter 57 of title 5,

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3678 CONGRESSIONAL RECORD — SENATE April 14, 2005 United States Code, while away from the implementation of drought preparedness (II) ensure that the plan is consistent and home or regular place of business of the plans under sections 123 through 125; coordinated with any interstate stream com- member in the performance of the duties of (2) providing to States, Indian tribes, local pacts; the Council. governments, watershed groups, and critical (III) include the participation of any ap- SEC. 105. AUTHORIZATION OF APPROPRIATIONS. service providers the Federal share, as deter- propriate watershed groups; and There is authorized to be appropriated to mined by the Secretary, in consultation with (IV) recognize that while implementation carry out this title $2,000,000 for each of the the other members of the Council, of the cost of the plan will involve further coordination 7 fiscal years after the date of enactment of of mitigating the overall risk and impacts of among the appropriate States and Indian this Act. droughts; tribes, each State and Indian tribe has sole (3) assisting States, Indian tribes, local jurisdiction over implementation of the por- SEC. 106. TERMINATION OF COUNCIL. governments, watershed groups, and critical tion of the watershed within the State or The Council shall terminate 8 years after service providers in the development of miti- tribal boundaries. the date of enactment of this Act. gation measures to address environmental, (B) IMPLEMENTATION OF DROUGHT PRE- Subtitle B—National Office of Drought economic, and human health and safety PAREDNESS PLANS.—The guidelines promul- Preparedness issues relating to drought; gated under paragraph (1) shall require that, SEC. 111. ESTABLISHMENT. (4) expanding the technology transfer of to receive financial assistance under sub- The Secretary shall establish an office to drought and water conservation strategies section (b)(1) for the implementation of be known as the ‘‘National Office of Drought and innovative water supply techniques; drought preparedness plans for interstate Preparedness’’, which shall be under the ju- (5) developing post-drought evaluations watersheds, the States or Indian tribes in risdiction of the Under Secretary, to provide and recommendations; and which the interstate watershed is located assistance to the Council in carrying out (6) supplementing, if necessary, the costs shall, to the maximum extent practicable— this title. of implementing actions under section (i) cooperate in implementing the plan; SEC. 112. DIRECTOR OF THE OFFICE. 102(a)(4). (ii) in implementing the plan— (I) provide that the distribution of funds to (a) APPOINTMENT.— (c) GUIDELINES.— all States and Indian tribes in which the wa- (1) IN GENERAL.—The Under Secretary shall (1) IN GENERAL.—The Secretary, in con- appoint a Director of the Office under sec- sultation with the non-Federal co-chair and tershed is located is not required; and tions 3371 through 3375 of title 5, United with the concurrence of the Council, shall (II) consider the level of impact within the States Code. promulgate guidelines to implement this watershed on the affected States or Indian tribes; and (2) QUALIFICATIONS.—The Director shall be section. a person who has experience in— (2) GENERAL REQUIREMENTS.—The guide- (iii) ensure that implementation of the (A) public administration; and lines shall— plan does not interfere with State water (B) drought mitigation or drought manage- (A) ensure the distribution of amounts rights in existence on the date of enactment ment. from the Fund within a reasonable period of of this Act. (d) AUTHORIZATION OF APPROPRIATIONS.— (b) POWERS.—The Director may hire such time; There are authorized to be appropriated to other additional personnel or contract for (B) take into consideration regional dif- the Fund such sums as are necessary to services with other entities as necessary to ferences; carry out subsection (b). carry out the duties of the Office. (C) take into consideration all impacts of SEC. 122. DROUGHT PREPAREDNESS PLANS. SEC. 113. OFFICE STAFF. drought in a balanced manner; (D) prohibit the use of amounts from the (a) IN GENERAL.—The Secretary of the In- (a) IN GENERAL.—The Office shall have at terior and the Secretary of the Army shall, least 5 full-time staff, including the detailees Fund for Federal salaries that are not di- with the concurrence of the Council, jointly detailed under subsection (b)(1). rectly related to the provision of drought assistance; promulgate guidelines for administering a (b) DETAILEES.— (E) require that amounts from the Fund national program to provide technical and fi- (1) REQUIRED DETAILEES.—There shall be nancial assistance to States, Indian tribes, detailed to the Office, on a nonreimbursable provided to States, local governments, wa- local governments, watershed groups, and basis— tershed groups, and critical service providers critical service providers for the develop- (A) by the Director of the Federal Emer- under subsection (b)(1) be coordinated with ment, maintenance, and implementation of gency Management Agency, 1 employee of and managed by the State in which the local drought preparedness plans. the Federal Emergency Management Agency governments, watershed groups, or critical service providers are located, consistent with (b) REQUIREMENTS.—To build on the experi- with expertise in emergency planning; ence and avoid duplication of efforts of Fed- (B) by the Secretary of Commerce, 1 em- the drought preparedness priorities and relevant water management plans in the State; eral, State, local, tribal, and regional ployee of the Department of Commerce with drought plans in existence on the date of en- experience in drought monitoring; (F) require that amounts from the Fund provided to Indian tribes under subsection actment of this Act, the guidelines may rec- (C) by the Secretary of the Interior, 1 em- ognize and incorporate those plans. ployee of the Bureau of Reclamation with ex- (b)(1) be used to implement plans that are, to SEC. 123. FEDERAL PLANS. perience in water planning; and the maximum extent practicable— (a) IN GENERAL.—The Secretary, the Sec- (D) by the Secretary of the Army, 1 em- (i) coordinated with any State in which retary of the Interior, the Secretary of the ployee of the Army Corps of Engineers with land of the Indian tribe is located; and Army, and other appropriate Federal agency experience in water planning. (ii) consistent with existing drought preparedness and water management plans of heads shall develop and implement Federal (2) ADDITIONAL DETAILEES.— the State; and drought preparedness plans for agencies (A) IN GENERAL.—In addition to any em- under the jurisdiction of the appropriate ployees detailed under paragraph (1), any (G) require that a State, Indian tribe, local Federal agency head. other employees of the Federal Government government, watershed group, or critical (b) REQUIREMENTS.—The Federal plans— may be detailed to the Office. service provider that receives Federal funds under paragraph (2) or (3) of subsection (b) (1) shall be integrated with each other; (B) REIMBURSEMENT.—An employee de- (2) may be included as components of other tailed under subparagraph (A) shall be de- pay, using amounts made available through Federal planning requirements; tailed without reimbursement, unless the non-Federal grants, cash donations made by (3) shall be integrated with drought pre- Secretary, on the recommendation of the Di- non-Federal persons or entities, or any other paredness plans of State, tribal, and local rector, determines that reimbursement is ap- non-Federal funds, not less than 25 percent governments that are affected by Federal propriate. of the total cost of carrying out a project for which Federal funds are provided under this projects and programs; and (3) CIVIL SERVICE STATUS.—The detail of an (4) shall be completed not later than 2 employee under paragraph (1) or (2) shall be Act. years after the date of enactment of this without interruption or loss of civil service (3) SPECIAL REQUIREMENTS APPLICABLE TO Act. status or privilege. INTERSTATE WATERSHEDS.— (A) DEVELOPMENT OF DROUGHT PREPARED- SEC. 124. STATE AND TRIBAL PLANS. Subtitle C—Drought Preparedness Plans NESS PLANS.—The guidelines promulgated States and Indian tribes may develop and SEC. 121. DROUGHT ASSISTANCE FUND. under paragraph (1) shall require that, to re- implement State and tribal drought pre- (a) ESTABLISHMENT.—There is established ceive financial assistance under subsection paredness plans that— in the Treasury of the United States a fund (b)(1) for the development of drought pre- (1) address monitoring of resource condi- to be known as the ‘‘Drought Assistance paredness plans for interstate watersheds, tions that are related to drought; Fund’’. the States or Indian tribes in which the (2) identify areas that are at a high risk for (b) PURPOSE.—The Fund shall be used to interstate watershed is located shall— drought; pay the costs of— (i) cooperate in the development of the (3) describes mitigation strategies to ad- (1) providing technical and financial assist- plan; and dress and reduce the vulnerability of an area ance (including grants and cooperative as- (ii) in developing the plan— to drought; and sistance) to States, Indian tribes, local gov- (I) ensure that the plan is consistent with (4) are integrated with State, tribal, and ernments, watershed groups, and critical any applicable State and tribal water laws, local water plans in existence on the date of service providers for the development and policies, and agreements; enactment of this Act.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3679 SEC. 125. REGIONAL AND LOCAL PLANS. suppress such catastrophic wildfires to pro- I was hopeful that the drought meas- Local governments, watershed groups, and tect human life and property; ures I have helped pass in the last 5 regional water providers may develop and ‘‘(C) not taking into account State, local, years would assist producers in weath- implement drought preparedness plans and private wildfire suppression costs, dur- ering the current drought. With my that— ing the period of 2000 through 2004, the Fed- (1) address monitoring of resource condi- eral Government expended more than support, the Senate, and ultimately tions that are related to drought; $5,800,000,000 for wildfire suppression costs, Congress, agreed to legislation pro- (2) identify areas that are at a high risk for at an average annual cost of almost viding either or agriculture disaster as- drought; $1,200,000,000; sistance packages for 2001–2002 and (3) describe mitigation strategies to ad- ‘‘(D) since 1980, 2.8 percent of Federal 2003–2004. While this assistance is dress and reduce the vulnerability of an area wildfires have been responsible for an aver- greatly appreciated by those suffering to drought; and age annual cost to the Forest Service of (4) are integrated with corresponding State from this natural disaster, I am con- more than $350,000,000; cerned for our future prospects for plans. ‘‘(E) the Forest Service estimates that an- SEC. 126. PLAN ELEMENTS. nual national mobilization costs are between drought aid. Given the President’s re- The drought preparedness plans developed $40,000,000 and $50,000,000; luctance to fund crucial USDA farm under sections 123 through 125— ‘‘(F) saving 10 percent of annual national bill programs in his proposed fiscal (1) shall be consistent with Federal and mobilization costs through more effective year 2006 budget, his insistence on State laws, contracts, and policies; use of local resources would reduce costs by cannibalizing $3 billion from the Con- (2) shall allow each State to continue to $4,000,000 to $5,000,000 each year; servation Security Program, CSP to manage water and wildlife in the State; ‘‘(G) it is more cost-effective to prevent (3) shall address the health, safety, and fund the 2003–2004 package, which wildfires by prepositioning wildfire fighting should in fact be recognized as an un- economic interests of those persons directly resources to catch flare-ups than to commit affected by drought; millions of dollars to respond to large uncon- capped entitlement provision, and a (4) shall address the economic impact on trollable fires; and historically high budgetary deficit, I resource-dependent businesses and indus- ‘‘(H) it is in the best interest of the United am concerned at our prospects of secur- tries, including regional tourism; States to invest in catastrophic wildfire pre- ing substantive monies for future dis- (5) may include— vention and mitigation by easing the finan- asters. I will continue to work with my (A) provisions for water management cial burden of prepositioning wildfire sup- Senate colleagues to ensure adequate strategies to be used during various drought pression resources. or water shortage thresholds, consistent dollars for South Dakota, but we must ‘‘(2) PURPOSE.—The purpose of this section with State water law; examine more comprehensive measures is to encourage the mitigation and preven- (B) provisions to address key issues relat- tion of wildfires by providing financial as- for addressing drought. ing to drought (including public health, safe- sistance to States for prepositioning of wild- That National Drought Preparedness ty, economic factors, and environmental fire suppression resources. Act will help us better prepare for fu- issues such as water quality, water quantity, ‘‘(b) AUTHORIZATION.—Subject to the avail- ture droughts and reduce the need for protection of threatened and endangered spe- ability of funds, the Director of the Federal large ad hoc disaster programs that cies, and fire management); Emergency Management Agency (referred to (C) provisions that allow for public partici- may cannibalize funds from other agri- in this section as the ‘Director’) shall reim- cultural programs. I am fully prepared pation in the development, adoption, and im- burse a State for the cost of prepositioning plementation of drought plans; wildfire suppression resources on potential to support special disaster assistance (D) provisions for periodic drought exer- multiple and large fire complexes when the when it is necessary, but with this act cises, revisions, and updates; Director determines, in accordance with the made law, producers, tribes, States, (E) a hydrologic characterization study to national and regional severity indices con- and Federal agencies will be much bet- determine how water is being used during tained in the Forest Service handbook enti- ter prepared for future droughts. times of normal water supply availability to tled ‘Interagency Standards for Fire and Fire This act will do several things that anticipate the types of drought mitigation Aviation Operations’, that a wildfire event actions that would most effectively improve will significantly increase our ability poses a threat to life and property in the water management during a drought; to deal with drought conditions. The area. (F) drought triggers; bill establishes, in the office of the Sec- ‘‘(c) ELIGIBILITY.—Wildfire suppression re- (G) specific implementation actions for sources of the Federal Government, neigh- retary of Agriculture, a National droughts; boring countries, and any State other than Drought Council to oversee the devel- (H) a water shortage allocation plan, con- the State requesting assistance are eligible opment of a national drought policy sistent with State water law; and for reimbursement under this section. action plan. This plan will be the blue- (I) comprehensive insurance and financial ‘‘(d) REIMBURSEMENT.— strategies to manage the risks and financial print for dealing with and preparing for ‘‘(1) IN GENERAL.—The Director may reim- drought. The Federal government has impacts of droughts; and burse a State for the costs of prepositioning (6) shall take into consideration— of wildfire suppression resources of the enti- plans for dealing with floods and hurri- (A) the financial impact of the plan on the ties specified in subsection (c), including mo- canes, and we need the same kind of ability of the utilities to ensure rate stabilization to, and demobilization from, the plan for the slow, dry disaster that is bility and revenue stream; and staging or prepositioning area. drought. This bill recognizes drought (B) economic impacts from water short- ‘‘(2) REQUIREMENTS.—For a State to receive as the natural disaster it is. ages. reimbursement under paragraph (1)— The act also creates the National Of- TITLE II—WILDFIRE SUPPRESSION ‘‘(A) any resource provided by an entity fice of Drought Preparedness. This SEC. 201. GRANTS FOR PREPOSITIONING WILD- specified in subsection (c) shall have been would be the permanent body that as- FIRE SUPPRESSION RESOURCES. specifically requested by the State seeking sists the National Drought Council in Title II of the Robert T. Stafford Disaster reimbursement; and Relief and Emergency Assistance Act (42 ‘‘(B) staging or prepositioning costs— the formulation and carrying out of U.S.C. 5131 et seq.) is amended by adding at ‘‘(i) shall be expended during the approved the national drought policy action the end the following: prepositioning period; and plan. ‘‘SEC. 205. GRANTS FOR PREPOSITIONING WILD- ‘‘(ii) shall be reasonable. A drought assistance fund will be es- FIRE SUPPRESSION RESOURCES. ‘‘(3) LIMITATION.—The amount of all reim- tablished by this act, to assist State ‘‘(a) FINDINGS AND PURPOSE.— bursements made under this subsection dur- and local governments in their devel- ‘‘(1) FINDINGS.—Congress finds that— ing any year shall not exceed $50,000,000.’’. ‘‘(A) droughts increase the risk of cata- opment and implementation of drought strophic wildfires that— Mr. JOHNSON. Mr. President, I rise preparedness plans. The act will also ‘‘(i) drastically alter and otherwise ad- today in support of bipartisan National provide assistance for the rapid re- versely affect the landscape for communities Drought Preparedness Act of 2005. For sponse to wildfires, which is critical to and the environment; the last 5 years a devastating drought mitigating the effects of a prolonged ‘‘(ii) because of the potential of such has forced many families across South drought in forested areas, like we have wildfires to overwhelm State wildfire sup- Dakota and the United States to make in western South Dakota. pression resources, require a coordinated re- difficult life-changing decisions about Lastly, the act provides for the devel- sponse among States, Federal agencies, and their future in agriculture. Many of opment of a national drought fore- neighboring countries; and ‘‘(iii) result in billions of dollars in losses our Nation’s hard-working producers casting and monitoring network, that each year; have had to abandon their farms, and will help forecast the onset of droughts ‘‘(B) the Federal Government must, to the the family farm life has been threat- better and improve reporting on cur- maximum extent practicable, prevent and ened for too many people. rent droughts.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3680 CONGRESSIONAL RECORD — SENATE April 14, 2005 I am encouraged by what the Na- parity to substance abuse treatment pro- 2 or more benefit package options under the tional Drought Preparedness Act of vided by faith-based treatment providers. plan, the requirements of this section shall 2005 has to offer to the farmers and SEC. 3. PARITY IN SUBSTANCE ABUSE TREAT- be applied separately with respect to each ranchers of our great country. We must MENT BENEFITS. such option. (a) GROUP HEALTH PLANS.— ‘‘(e) DEFINITIONS.—For purposes of this sec- treat drought like all other disasters (1) PUBLIC HEALTH SERVICE ACT AMEND- tion: are treated, and take an aggressive MENTS.— ‘‘(1) TREATMENT LIMITATION.—The term stance toward minimizing its effect on (A) IN GENERAL.—Subpart 2 of part A of ‘treatment limitation’ means, with respect communities across America. That is title XXVII of the Public Health Service Act to benefits under a group health plan or why I am pleased to be an original co- (42 U.S.C. 300gg–4 et seq.) is amended by add- health insurance coverage, any day or visit sponsor of this important bipartisan ing at the end the following new section: limits imposed on coverage of benefits under piece of legislation. ‘‘SEC. 2707. PARITY IN THE APPLICATION OF the plan or coverage during a period of time. TREATMENT LIMITATIONS AND FI- ‘‘(2) FINANCIAL REQUIREMENT.—The term NANCIAL REQUIREMENTS TO SUB- By Mr. COLEMAN (for himself ‘financial requirement’ means, with respect STANCE ABUSE TREATMENT BENE- to benefits under a group health plan or and Mrs. CLINTON): FITS. health insurance coverage, any deductible, S. 803. A bill to amend the Employee ‘‘(a) IN GENERAL.—In the case of a group coinsurance, or cost-sharing or an annual or Retirement Income Security Act of health plan (or health insurance coverage of- lifetime dollar limit imposed with respect to 1974, the Public Health Service Act, fered in connection with such a plan) that the benefits under the plan or coverage. provides both medical and surgical benefits and the Internal Revenue Code of 1986 ‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The and substance abuse treatment benefits, the to provide parity with respect to sub- term ‘medical or surgical benefits’ means plan or coverage shall not impose treatment benefits with respect to medical or surgical stance abuse treatment benefits under limitations or financial requirements on the group health plans and health insur- services, as defined under the terms of the substance abuse treatment benefits unless plan or coverage (as the case may be), but ance coverage; to the Committee on similar limitations or requirements are im- does not include substance abuse treatment Health, Education, Labor, and Pen- posed for medical and surgical benefits. benefits. ‘‘(b) CONSTRUCTION.—Nothing in this sec- sions. ‘‘(4) SUBSTANCE ABUSE TREATMENT BENE- tion shall be construed— Mr. COLEMAN. Mr. President, I am FITS.—The term ‘substance abuse treatment ‘‘(1) as requiring a group health plan (or pleased to introduce the Help Expand benefits’ means benefits with respect to sub- health insurance coverage offered in connec- stance abuse treatment services. Access to Recovery and Treatment tion with such a plan) to provide any sub- ‘‘(5) SUBSTANCE ABUSE TREATMENT SERV- (HEART) Act of 2005 with my friend stance abuse treatment benefits; or ICES.—The term ‘substance abuse treatment and colleague, Senator CLINTON of New ‘‘(2) to prevent a group health plan or a services’ means any of the following items York. health insurance issuer offering group health and services provided for the treatment of insurance coverage from negotiating the By passing this life-saving legisla- substance abuse: level and type of reimbursement with a pro- tion, Congress would provide equitable ‘‘(A) Inpatient treatment, including detoxi- vider for care provided in accordance with access to substance abuse treatment fication. this section. services for 23 million adults and chil- ‘‘(B) Nonhospital residential treatment. ‘‘(c) EXEMPTIONS.— ‘‘(C) Outpatient treatment, including dren who need treatment for the dis- ‘‘(1) SMALL EMPLOYER EXEMPTION.— screening and assessment, medication man- ease of alcoholism and other drug de- ‘‘(A) IN GENERAL.—This section shall not pendencies. apply to any group health plan (and group agement, individual, group, and family coun- HEART would put the decision of health insurance coverage offered in connec- seling, and relapse prevention. ‘‘(D) Prevention services, including health whether or not consumers are granted tion with a group health plan) for any plan year of a small employer. education and individual and group coun- substance abuse treatment services in seling to encourage the reduction of risk fac- the hands of doctors and trained addic- ‘‘(B) SMALL EMPLOYER.—For purposes of subparagraph (A), the term ‘small employer’ tors for substance abuse. tion professionals, and patients. At UBSTANCE ABUSE.—The term ‘sub- means, in connection with a group health ‘‘(6) S stance abuse’ includes chemical dependency. least 75 percent of individuals who suf- plan with respect to a calendar year and a ‘‘(f) NOTICE.—A group health plan under fer from alcoholism have access to pri- plan year, an employer who employed an av- this part shall comply with the notice re- vate health insurance. However, fewer erage of at least 2 but not more than 50 em- quirement under section 714(f) of the Em- ployees on business days during the pre- than 70 percent of employer-provided ployee Retirement Income Security Act of ceding calendar year and who employs at health plans cover alcoholism and drug 1974 with respect to the requirements of this least 2 employees on the first day of the plan treatment at the same level as other section as if such section applied to such year. medical conditions. plan.’’. ‘‘(C) APPLICATION OF CERTAIN RULES IN DE- Our bill eliminates this inequitable (B) CONFORMING AMENDMENT.—Section TERMINATION OF EMPLOYER SIZE.—For pur- 2723(c) of such Act (42 U.S.C. 300gg–23(c)) is coverage of medical conditions so those poses of this paragraph— amended by striking ‘‘section 2704’’ and in- who need treatment receive it. ‘‘(i) APPLICATION OF AGGREGATION RULE FOR serting ‘‘sections 2704 and 2707’’. I look forward to working with my EMPLOYERS.—Rules similar to the rules (2) ERISA AMENDMENTS.— colleagues to pass this legislation that under subsections (b), (c), (m), and (o) of sec- (A) IN GENERAL.—Subpart B of part 7 of tion 414 of the Internal Revenue Code of 1986 is not just important to our nation’s subtitle B of title I of the Employee Retire- shall apply for purposes of treating persons economy and the health of our work- ment Income Security Act of 1974 (29 U.S.C. as a single employer. force but to the quality of life for mil- 1185 et seq.) is amended by adding at the end ‘‘(ii) EMPLOYERS NOT IN EXISTENCE IN PRE- lions of Americans and their families. the following new section: CEDING YEAR.—In the case of an employer I ask unanimous consent that the ‘‘SEC. 714. PARITY IN THE APPLICATION OF which was not in existence throughout the text of the bill be printed in the TREATMENT LIMITATIONS AND FI- preceding calendar year, the determination NANCIAL REQUIREMENTS TO SUB- RECORD. of whether such employer is a small em- STANCE ABUSE TREATMENT BENE- There being no objection, the bill was ployer shall be based on the average number FITS. ordered to be printed in the RECORD, as of employees that it is reasonably expected ‘‘(a) IN GENERAL.—In the case of a group follows: such employer will employ on business days health plan (or health insurance coverage of- S. 803 in the current calendar year. fered in connection with such a plan) that ‘‘(iii) PREDECESSORS.—Any reference in provides both medical and surgical benefits Be it enacted by the Senate and House of Rep- this paragraph to an employer shall include and substance abuse treatment benefits, the resentatives of the United States of America in a reference to any predecessor of such em- plan or coverage shall not impose treatment Congress assembled, ployer. limitations or financial requirements on the SECTION 1. SHORT TITLE. ‘‘(2) INCREASED COST EXEMPTION.—This sec- substance abuse treatment benefits unless This Act may be cited as the ‘‘Help Expand tion shall not apply with respect to a group similar limitations or requirements are im- Access to Recovery and Treatment Act of health plan (or health insurance coverage of- posed for medical and surgical benefits. 2005’’ or the ‘‘HEART Act’’. fered in connection with a group health plan) ‘‘(b) CONSTRUCTION.—Nothing in this sec- SEC. 2. FINDINGS. if the application of this section to such plan tion shall be construed— Congress finds the following: (or to such coverage) results in an increase ‘‘(1) as requiring a group health plan (or (1) Substance abuse, if left untreated, is a in the cost under the plan (or for such cov- health insurance coverage offered in connec- medical emergency and a private and public erage) of at least 1 percent. tion with such a plan) to provide any sub- health crisis. ‘‘(d) SEPARATE APPLICATION TO EACH OP- stance abuse treatment benefits; or (2) Nothing in this Act should be construed TION OFFERED.—In the case of a group health ‘‘(2) to prevent a group health plan or a as prohibiting application of the concept of plan that offers a participant or beneficiary health insurance issuer offering group health

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3681

insurance coverage from negotiating the and services provided for the treatment of ‘‘(i) APPLICATION OF AGGREGATION RULE FOR level and type of reimbursement with a pro- substance abuse: EMPLOYERS.—Rules similar to the rules vider for care provided in accordance with ‘‘(A) Inpatient treatment, including detoxi- under subsections (b), (c), (m), and (o) of sec- this section. fication. tion 414 shall apply for purposes of treating ‘‘(c) EXEMPTIONS.— ‘‘(B) Nonhospital residential treatment. persons as a single employer. ‘‘(1) SMALL EMPLOYER EXEMPTION.— ‘‘(C) Outpatient treatment, including ‘‘(ii) EMPLOYERS NOT IN EXISTENCE IN PRE- ‘‘(A) IN GENERAL.—This section shall not screening and assessment, medication man- CEDING YEAR.—In the case of an employer apply to any group health plan (and group agement, individual, group, and family coun- which was not in existence throughout the health insurance coverage offered in connec- seling, and relapse prevention. preceding calendar year, the determination tion with a group health plan) for any plan ‘‘(D) Prevention services, including health of whether such employer is a small em- year of a small employer. education and individual and group coun- ployer shall be based on the average number ‘‘(B) SMALL EMPLOYER.—For purposes of seling to encourage the reduction of risk fac- of employees that it is reasonably expected subparagraph (A), the term ‘small employer’ tors for substance abuse. such employer will employ on business days means, in connection with a group health ‘‘(6) SUBSTANCE ABUSE.—The term ‘sub- in the current calendar year. plan with respect to a calendar year and a stance abuse’ includes chemical dependency. ‘‘(iii) PREDECESSORS.—Any reference in plan year, an employer who employed an av- ‘‘(f) NOTICE UNDER GROUP HEALTH PLAN.— this paragraph to an employer shall include erage of at least 2 but not more than 50 em- The imposition of the requirements of this a reference to any predecessor of such employees on business days during the pre- section shall be treated as a material modi- ployer. ceding calendar year and who employs at fication in the terms of the plan described in ‘‘(2) INCREASED COST EXEMPTION.—This sec- least 2 employees on the first day of the plan section 102(a), for purposes of assuring notice tion shall not apply with respect to a group year. of such requirements under the plan; except health plan if the application of this section ‘‘(C) APPLICATION OF CERTAIN RULES IN DE- that the summary description required to be to such plan results in an increase in the TERMINATION OF EMPLOYER SIZE.—For pur- provided under section 104(b)(1) with respect cost under the plan of at least 1 percent. poses of this paragraph— to such modification shall be provided by not ‘‘(d) SEPARATE APPLICATION TO EACH OP- later than 60 days after the first day of the ‘‘(i) APPLICATION OF AGGREGATION RULE FOR TION OFFERED.—In the case of a group health first plan year in which such requirements EMPLOYERS.—Rules similar to the rules plan that offers a participant or beneficiary apply.’’. under subsections (b), (c), (m), and (o) of sec- 2 or more benefit package options under the (B) CONFORMING AMENDMENTS.— tion 414 of the Internal Revenue Code of 1986 plan, the requirements of this section shall (i) Section 731(c) of such Act (29 U.S.C. shall apply for purposes of treating persons be applied separately with respect to each 1191(c)) is amended by striking ‘‘section 711’’ as a single employer. such option. and inserting ‘‘sections 711 and 714’’. ‘‘(ii) EMPLOYERS NOT IN EXISTENCE IN PRE- ‘‘(e) DEFINITIONS.—For purposes of this sec- (ii) Section 732(a) of such Act (29 U.S.C. CEDING YEAR.—In the case of an employer tion: 1191a(a)) is amended by striking ‘‘section which was not in existence throughout the ‘‘(1) TREATMENT LIMITATION.—The term 711’’ and inserting ‘‘sections 711 and 714’’. preceding calendar year, the determination ‘treatment limitation’ means, with respect (iii) The table of contents in section 1 of of whether such employer is a small em- to benefits under a group health plan, any such Act is amended by inserting after the ployer shall be based on the average number day or visit limits imposed on coverage of item relating to section 713 the following of employees that it is reasonably expected benefits under the plan during a period of new item: such employer will employ on business days time. in the current calendar year. ‘‘714. Parity in the application of treatment ‘‘(2) FINANCIAL REQUIREMENT.—The term ‘‘(iii) PREDECESSORS.—Any reference in limitations and financial re- ‘financial requirement’ means, with respect this paragraph to an employer shall include quirements to substance abuse to benefits under a group health plan, any a reference to any predecessor of such em- treatment benefits’’. deductible, coinsurance, or cost-sharing or ployer. (3) INTERNAL REVENUE CODE AMENDMENTS.— an annual or lifetime dollar limit imposed ‘‘(2) INCREASED COST EXEMPTION.—This sec- (A) IN GENERAL.—Subchapter B of chapter with respect to the benefits under the plan. tion shall not apply with respect to a group 100 of the Internal Revenue Code of 1986 (re- ‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The health plan (or health insurance coverage of- lating to other requirements) is amended by term ‘medical or surgical benefits’ means fered in connection with a group health plan) adding at the end the following new section: benefits with respect to medical or surgical if the application of this section to such plan ‘‘SEC. 9813. PARITY IN THE APPLICATION OF services, as defined under the terms of the (or to such coverage) results in an increase TREATMENT LIMITATIONS AND FI- plan, but does not include substance abuse in the cost under the plan (or for such cov- NANCIAL REQUIREMENTS TO SUB- treatment benefits. erage) of at least 1 percent. STANCE ABUSE TREATMENT BENE- ‘‘(4) SUBSTANCE ABUSE TREATMENT BENE- FITS. ‘‘(d) SEPARATE APPLICATION TO EACH OP- FITS.—The term ‘substance abuse treatment ‘‘(a) IN GENERAL.—In the case of a group benefits’ means benefits with respect to sub- TION OFFERED.—In the case of a group health health plan that provides both medical and plan that offers a participant or beneficiary stance abuse treatment services. surgical benefits and substance abuse treat- ‘‘(5) SUBSTANCE ABUSE TREATMENT SERV- 2 or more benefit package options under the ment benefits, the plan shall not impose plan, the requirements of this section shall ICES.—The term ‘substance abuse treatment treatment limitations or financial require- services’ means any of the following items be applied separately with respect to each ments on the substance abuse treatment such option. and services provided for the treatment of benefits unless similar limitations or re- substance abuse: ‘‘(e) DEFINITIONS.—For purposes of this sec- quirements are imposed for medical and sur- tion: ‘‘(A) Inpatient treatment, including detoxi- gical benefits. fication. ‘‘(1) TREATMENT LIMITATION.—The term ‘‘(b) CONSTRUCTION.—Nothing in this sec- ‘‘(B) Nonhospital residential treatment. ‘treatment limitation’ means, with respect tion shall be construed— ‘‘(C) Outpatient treatment, including to benefits under a group health plan or ‘‘(1) as requiring a group health plan to screening and assessment, medication man- health insurance coverage, any day or visit provide any substance abuse treatment bene- agement, individual, group, and family coun- limits imposed on coverage of benefits under fits; or seling, and relapse prevention. the plan or coverage during a period of time. ‘‘(2) to prevent a group health plan from ‘‘(D) Prevention services, including health ‘‘(2) FINANCIAL REQUIREMENT.—The term negotiating the level and type of reimburse- education and individual and group coun- ‘financial requirement’ means, with respect ment with a provider for care provided in ac- seling to encourage the reduction of risk fac- to benefits under a group health plan or cordance with this section. tors for substance abuse. health insurance coverage, any deductible, ‘‘(c) EXEMPTIONS.— ‘‘(6) SUBSTANCE ABUSE.—The term ‘sub- coinsurance, or cost-sharing or an annual or ‘‘(1) SMALL EMPLOYER EXEMPTION.— stance abuse’ includes chemical depend- lifetime dollar limit imposed with respect to ‘‘(A) IN GENERAL.—This section shall not the benefits under the plan or coverage. apply to any group health plan for any plan ency.’’. (B) CONFORMING AMENDMENTS.— ‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The year of a small employer. (i) Section 4980D(d)(1) of such Code is term ‘medical or surgical benefits’ means ‘‘(B) SMALL EMPLOYER.—For purposes of benefits with respect to medical or surgical subparagraph (A), the term ‘small employer’ amended by striking ‘‘section 9811’’ and in- services, as defined under the terms of the means, in connection with a group health serting ‘‘sections 9811 and 9813’’. plan or coverage (as the case may be), but plan with respect to a calendar year and a (ii) The table of sections of subchapter B of does not include substance abuse treatment plan year, an employer who employed an av- chapter 100 of such Code is amended by add- benefits. erage of at least 2 but not more than 50 em- ing at the end the following new item: ‘‘(4) SUBSTANCE ABUSE TREATMENT BENE- ployees on business days during the pre- ‘‘9813. Parity in the application of treatment FITS.—The term ‘substance abuse treatment ceding calendar year and who employs at limitations and financial re- benefits’ means benefits with respect to sub- least 2 employees on the first day of the plan quirements to substance abuse stance abuse treatment services. year. treatment benefits’’. ‘‘(5) SUBSTANCE ABUSE TREATMENT SERV- ‘‘(C) APPLICATION OF CERTAIN RULES IN DE- (b) INDIVIDUAL HEALTH INSURANCE.— ICES.—The term ‘substance abuse treatment TERMINATION OF EMPLOYER SIZE.—For pur- (1) AMENDMENT TO THE PUBLIC HEALTH services’ means any of the following items poses of this paragraph— SERVICE ACT.—Part B of title XXVII of the

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3682 CONGRESSIONAL RECORD — SENATE April 14, 2005 Public Health Service Act (42 U.S.C. 300gg–41 Mr. CRAIG. Mr. President, I rise on ‘‘(C) illness, whether the loss results di- et seq.) is amended by inserting after section behalf of myself and the distinguished rectly or indirectly; 2752 the following new section: ranking member of the Veterans Com- ‘‘(D) medical or surgical treatment of illness, whether the loss results directly or in- ‘‘SEC. 2753. PARITY IN THE APPLICATION OF mittee, Senator AKAKA, to introduce TREATMENT LIMITATIONS AND FI- legislation providing a traumatic indirectly; NANCIAL REQUIREMENTS TO SUB- ‘‘(E) any infection other than— STANCE ABUSE BENEFITS. jury protection rider for ‘‘(i) a pyogenic infection resulting from a ‘‘(a) IN GENERAL.—The provisions of sec- servicemembers. I urge all my col- cut or wound; or tion 2707 (other than subsection (e)) shall leagues to review this important legis- ‘‘(ii) a bacterial infection resulting from apply to health insurance coverage offered lation and support its enactment, and I ingestion of a contaminated substance; by a health insurance issuer in the indi- ask unanimous consent that the text of ‘‘(F) the commission of or attempt to com- vidual market in the same manner as it ap- the bill be printed in the RECORD. mit a felony; plies to health insurance coverage offered by There being no objection, the bill was ‘‘(G) being legally intoxicated or under the a health insurance issuer in connection with ordered to be printed in the RECORD, as influence of any narcotic unless adminis- a group health plan in the small or large follows: tered or consumed on the advice of a physi- group market. cian; or S. 806 ‘‘(b) NOTICE.—A health insurance issuer ‘‘(H) willful misconduct as determined by a under this part shall comply with the notice Be it enacted by the Senate and House of Rep- military court, civilian court, or administra- requirement under section 714(f) of the Em- resentatives of the United States of America in tive body. ployee Retirement Income Security Act of Congress assembled, ‘‘(c) A payment under this section may be 1974 with respect to the requirements re- SECTION 1. TRAUMATIC INJURY PROTECTION. made only if— ferred to in subsection (a) as if such section (a) IN GENERAL.—Subchapter III of chapter ‘‘(1) the member is insured under applied to such issuer and such issuer were a 19 of title 38, United States Code, is amend- Servicemembers’ Group Life Insurance when group health plan.’’. ed— the traumatic injury is sustained; (2) CONFORMING AMENDMENT.—Section (1) in section 1965, by adding at the end the ‘‘(2) the loss results directly from that 2762(b)(2) of such Act (42 U.S.C. 300gg–62(b)(2)) following: traumatic injury and from no other cause; is amended by striking ‘‘section 2751’’ and in- ‘‘(11) The term ‘activities of daily living’ and serting ‘‘sections 2751 and 2753’’. means the inability to independently per- ‘‘(3) the member suffers the loss not later (c) EFFECTIVE DATES.— form 2 of the 6 following functions: than 90 days after sustaining the traumatic (1) GROUP HEALTH PLANS.—Subject to para- ‘‘(A) Bathing. injury, except, if the loss is quadriplegia, graph (3), the amendments made by sub- ‘‘(B) Continence. paraplegia, or hemiplegia, the member suf- section (a) apply with respect to group ‘‘(C) Dressing. fers the loss not later than 365 days after sus- health plans for plan years beginning on or ‘‘(D) Eating. taining the traumatic injury. after January 1, 2006. ‘‘(E) Toileting. ‘‘(d) Payments under this section for losses (2) INDIVIDUAL HEALTH INSURANCE.—The ‘‘(F) Transferring.’’; and described in subsection (b)(1) will be made in amendments made by subsection (b) apply (2) by adding at the end the following: accordance with the following schedule: with respect to health insurance coverage of- ‘‘§ 1980A. Traumatic injury protection ‘‘(1) Loss of both hands, $100,000. fered, sold, issued, renewed, in effect, or op- ‘‘(a) A member who is insured under sub- ‘‘(2) Loss of both feet, $100,000. erated in the individual market on or after paragraph (A)(i), (B), or (C)(i) of section ‘‘(3) Inability to carry out activities of January 1, 2006. 1967(a)(1) shall automatically be issued a daily living resulting from traumatic brain (3) SPECIAL RULE.—In the case of a group traumatic injury protection rider that will injury, $100,000. health plan maintained pursuant to 1 or provide for a payment not to exceed $100,000 ‘‘(4) Burns greater than second degree, cov- more collective bargaining agreements be- if the member, while so insured, sustains a ering 30 percent of the body or 30 percent of tween employee representatives and 1 or traumatic injury that results in a loss de- the face, $100,000. more employers ratified before the date of scribed in subsection (b)(1). The maximum ‘‘(5) Loss of sight in both eyes, $100,000. enactment of this Act, the amendments amount payable for all injuries resulting ‘‘(6) Loss of 1 hand and 1 foot, $100,000. made by subsection (a) shall not apply to from the same traumatic event shall be lim- ‘‘(7) Loss of 1 hand and sight of 1 eye, plan years beginning before the later of— ited to $100,000. If a member suffers more $100,000. (A) the date on which the last collective than 1 such loss as a result of traumatic in- ‘‘(8) Loss of 1 foot and sight of 1 eye, bargaining agreements relating to the plan jury, payment will be made in accordance $100,000. terminates (determined without regard to with the schedule in subsection (d) for the ‘‘(9) Loss of speech and hearing in 1 ear, any extension thereof agreed to after the single loss providing the highest payment. $100,000. date of enactment of this Act), or ‘‘(b)(1) A member who is issued a traumatic ‘‘(10) Total and permanent loss of hearing (B) January 1, 2006. injury protection rider under subsection (a) in both ears, $100,000. For purposes of subparagraph (A), any plan is insured against— ‘‘(11) Quadriplegia, $100,000. amendment made pursuant to a collective ‘‘(A) total and permanent loss of sight; ‘‘(12) Paraplegia, $75,000. bargaining agreement relating to the plan ‘‘(B) loss of a hand or foot by severance at ‘‘(13) Loss of 1 hand, $50,000. which amends the plan solely to conform to or above the wrist or ankle; ‘‘(14) Loss of 1 foot, $50,000. any requirement added by subsection (a) ‘‘(C) total and permanent loss of speech; ‘‘(15) Loss of sight one eye, $50,000. shall not be treated as a termination of such ‘‘(D) total and permanent loss of hearing in ‘‘(16) Total and permanent loss of speech, collective bargaining agreement. both ears; $50,000. (d) COORDINATED REGULATIONS.—Section ‘‘(E) loss of thumb and index finger of the ‘‘(17) Loss of hearing in 1 ear, $50,000. 104(1) of the Health Insurance Portability same hand by severance at or above the ‘‘(18) Hemiplegia, $50,000. and Accountability Act of 1996 is amended by metacarpophalangeal joints; ‘‘(19) Loss of thumb and index finger of the striking ‘‘this subtitle (and the amendments ‘‘(F) quadriplegia, paraplegia, or hemi- same hand, $25,000. made by this subtitle and section 401)’’ and plegia; ‘‘(20) Coma resulting from traumatic brain inserting ‘‘the provisions of part 7 of subtitle ‘‘(G) burns greater than second degree, cov- injury, $50,000 at time of claim and $50,000 at B of title I of the Employee Retirement In- ering 30 percent of the body or 30 percent of end of 6-month period. come Security Act of 1974, and the provisions the face; and ‘‘(e)(1) During any period in which a mem- of parts A and C of title XXVII of the Public ‘‘(H) coma or the inability to carry out the ber is insured under this section and the Health Service Act, and chapter 100 of the activities of daily living resulting from trau- member is on active duty, there shall be de- Internal Revenue Code of 1986’’. matic injury to the brain. ducted each month from the member’s basic (e) PREEMPTION.—Nothing in the amend- ‘‘(2) For purposes of this subsection— or other pay until separation or release from ments made by this section shall be con- ‘‘(A) the term ‘quadriplegia’ means the active duty an amount determined by the strued to preempt any provision of State law complete and irreversible paralysis of all 4 Secretary of Veterans Affairs as the pre- that provides protections to individuals that limbs; mium allocable to the pay period for pro- are greater than the protections provided ‘‘(B) the term ‘paraplegia’ means the com- viding traumatic injury protection under under such amendments. plete and irreversible paralysis of both lower this section (which shall be the same for all limbs; and such members) as the share of the cost at- By Mr. CRAIG (for himself and ‘‘(C) the term ‘hemiplegia’ means the com- tributable to provided coverage under this Mr. AKAKA): plete and irreversible paralysis of the upper section, less any costs traceable to the extra S. 806. A bill to amend title 38, and lower limbs on 1 side of the body. hazards of such duty in the uniformed serv- United States Code, to provide a trau- ‘‘(3) In no case will a member be covered ices. against loss resulting from— ‘‘(2) During any month in which a member matic injury protection rider to ‘‘(A) attempted suicide, while sane or in- is assigned to the Ready Reserve of a uni- servicemembers insured under section sane; formed service under conditions which meet 1967(a)(1) of such title; to the Com- ‘‘(B) an intentionally self-inflicted injury the qualifications set forth in section mittee on Veterans’ Affairs. or any attempt to inflict such an injury; 1965(5)(B) of this title and is insured under a

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3683 policy of insurance purchased by the Sec- By Mr. CRAIG (for himself, Mr. come to expect that our neighbors take retary of Veterans Affairs under section 1966 CRAPO, and Mr. SMITH): responsibility for their actions and I of this title, there shall be contributed from S. 807. A bill to amend the Federal feel the federal land management agen- the appropriation made for active duty pay Land Policy and Management Act of cies should not escape this responsi- of the uniformed service concerned an amount determined by the Secretary of Vet- 1976 to provide owners of non-Federal bility either. erans Affairs (which shall be the same for all lands with a reliable method of receiv- In the next few weeks, the weather such members) as the share of the cost ating compensation for damages result- will heat up, the drought ridden West tributable to provided coverage under this ing from the spread of wildfire from will become drier, wildfire danger will section, less any costs traceable to the extra nearby forested National Forest Sys- rise, and I fear we will once again hear hazards of such duty in the uniformed serv- tem lands or Bureau of Land Manage- reports regarding the loss of property. ices. Any amounts so contributed on behalf ment lands, when those forested Fed- I know this legislation may not be of any member shall be collected by the Sec- eral lands are not maintained in the the answer to solving our Federal land retary of the concerned service from such management problems and I am willing member (by deduction from pay or other- forest health status known as condition class 1; to the Committee on En- to discuss other options, but I know wise) and shall be credited to the appropria- that until we address the heart of this tion from which such contribution was made ergy and Natural Resources. in advance on a monthly basis. Mr. CRAIG. Mr. President, I rise issue, homes, private land, and commu- ‘‘(3) The Secretary of Veterans Affairs today to introduce the Enhanced Safe- nities will continue to be at risk be- shall determine the premium amounts to be ty from Wildfire Act of 2005. I am cause of poor Federal land manage- charged for traumatic injury protection cov- joined by my colleagues Mr. CRAPO and ment. Being a good neighbor means erage provided under this section. being responsible for your actions. ‘‘(4) The premium amounts shall be deter- Mr. SMITH. The legislation we are introducing mined on the basis of sound actuarial prin- By Mr. DURBIN (for himself and would amend the Federal Land Policy ciples and shall include an amount necessary Ms. COLLINS): to cover the administrative costs to the in- and Management Act of 1976 to make it S. 808. A bill to encourage energy surer or insurers providing such insurance. possible for non-federal land owners to conservation through bicycling; to the ‘‘(5) Each premium rate for the first policy receive compensation for a loss of prop- year shall be continued for subsequent policy Committee on Commerce, Science, and erty as a result of wildfire spreading Transportation. years, except that the rate may be adjusted from Federal land that has not been for any such subsequent policy year on the Mr. DURBIN. Madam President, I basis of the experience under the policy, as managed as Condition Class 1. rise today to introduce the Conserve by determined by the Secretary of Veterans Af- As we all know, in recent years, Bike Act to promote energy conserva- fairs in advance of that policy year. there has been a significant amount of tion and improve public health. I am ‘‘(6) The cost attributable to insuring such injury and loss of property resulting pleased to be joined by my colleague member under this section, less the pre- from the spread of wildfire from Fed- from Maine, Senator SUSAN COLLINS, in miums deducted from the pay of the mem- eral forested lands to non-Federal ber’s uniformed service, shall be paid by the introducing this measure. This legisla- lands. Recent wildfires on federal for- tion addresses one part of our Nation’s Secretary of Defense to the Secretary of Vet- ested lands have shown that lands erans Affairs. This amount shall be paid on a energy challenges. Although there is monthly basis, and shall be due within 10 managed under approved forest health no single solution to solve our energy days of the notice provided by the Secretary management practices are less suscep- problems, I believe that every possible of Veterans Affairs to the Secretary of the tible to wildfire, or are subjected to approach must be considered. concerned uniformed service. less severe wildfire, than similarly for- Our Nation would realize several ben- ‘‘(7) The Secretary of Defense shall provide ested lands that are not actively man- efits from the increased use of bicycle the amount of appropriations required to pay aged. transportation, including lessened de- expected claims in a policy year, as deter- There is a continuing and growing pendence on foreign oil and prevention mined according to sound actuarial prin- threat to the safety of communities, ciples by the Secretary of Veterans Affairs. of harmful air emissions. Currently, ‘‘(8) The Secretary of Defense shall forward individuals, homes and other property, less than one trip in one hundred, .88 an amount to the Secretary of Veterans Af- and timber on non-Federal lands that percent, is by bicycle. If we can in- fairs that is equivalent to half the antici- adjoin Federal forested lands because crease cycling use to one and a half pated cost of claims for the current fiscal of the unnatural accumulation of for- trips per hundred, which is less than year, upon the effective date of this legisla- est fuels on these Federal lands and the one bike trip every two weeks for the tion. lack of active Federal management of ‘‘(f) The Secretary of Defense shall certify average person, we will save more than whether any member claiming the benefit these lands. 462 million gallons of gasoline in a under this section is eligible. The use of approved forest health year, worth more than $721 million. ‘‘(g) Payment for a loss resulting from management practices to create forest That is the equivalent of one full day traumatic injury will not be made if the fire ‘‘buffer zones’’ between forested per year in which the U.S. will not member dies not more than 7 days after the Federal lands and adjacent non-Federal need to import any foreign oil. date of the injury. If the member dies before lands would reduce the occurrence of In addition to fostering greater en- payment to the member can be made, the wildfires on forested federal lands or, ergy security, this bill will help miti- payment will be made according to the mem- at least, limit their spread to non-Fed- gate air quality challenges, which can ber’s most current beneficiary designation under Servicemembers’ Group Life Insur- eral lands and the severity of the re- be harmful to public health and the en- ance, or a by law designation, if applicable. sulting damage. vironment. Unlike automotive trans- ‘‘(h) Coverage for loss resulting from trau- This legislation requires the agencies portation, bicycling is emission-free. matic injury provided under this section to manage a ‘‘buffer zone’’ on Federal The Conserve by Bike Act encourages shall cease at midnight on the date of the land, greater than 6,400 acres, that is bicycling through two key components: member’s separation from the uniformed adjacent to non-Federal land. When a pilot program and a research project. service. Payment will not be made for any forested Federal lands adjacent to non- The Conserve by Bike Pilot Program loss resulting from injury incurred after the Federal lands are not adequately man- established by this legislation would be date a member is separated from the uniformed services. aged with a ‘‘buffer zone’’ and wildfire implemented by the U.S. Department ‘‘(i) Insurance coverage provided under this occurs, the legislation states the own- of Transportation. The Department section is not convertible to Veterans’ Group ers of the non-Federal lands are eligi- would fund up to ten pilot projects Life Insurance.’’. ble for compensation for damages re- throughout the country that would uti- (b) CLERICAL AMENDMENT.—The table of sulting from the spread of wildfire to lize education and marketing tools to sections for chapter 19 of title 38, United their lands. The legislation sets min- encourage people to convert some of States Code, is amended by adding after the their car trips to bike trips. Each of item relating to section 1980 the following: imum criteria for non-Federal land to be eligible for compensation. these pilot projects must: (1) document ‘‘1980A. Traumatic injury protection. ’’. Our federal land management agen- project results and energy conserved; SEC. 2. EFFECTIVE DATE. The amendments made by section 1 shall cies need to take responsibility for the (2) facilitate partnerships among take effect on the first day of the first impacts that occur on non-Federal land stakeholders in two or more of the fol- month beginning more than 180 days after as a result of a lack of management on lowing fields: transportation, law en- the date of enactment of this Act. federal land. As a society, we have forcement, education, public health,

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3684 CONGRESSIONAL RECORD — SENATE April 14, 2005 and the environment; (3) maximize cur- (A) dispersed geographically throughout cation and marketing tools to convert rent bicycle facility investments; (4) the United States; and car trips into bike trips. Right now, demonstrate methods that can be rep- (B) designed to conserve energy resources fewer than 1 trip in 100 nationwide is licated in other locations; and (5) by encouraging the use of bicycles in place of motor vehicles. by bicycle. If we could increase this produce ongoing programs that are sus- 1 (2) REQUIREMENTS.—A pilot project de- statistic to 1 ⁄2 trips per 100, we could tained by local resources. scribed in paragraph (1) shall— save over 462 million gallons of gaso- This legislation also directs the (A) use education and marketing to con- line per year, worth nearly $1 billion. Transportation Research Board of the vert motor vehicle trips to bicycle trips; While more bike trips would benefit National Academy of Sciences to con- (B) document project results and energy our energy conservation efforts, addi- duct a research project on converting savings (in estimated units of energy con- tional bicycling activity would also car trips to bike trips. The study will served); help improve the Nation’s public consider: (1) what car trips Americans (C) facilitate partnerships among interested parties in at least 2 of the fields of— health. According to the U.S. Surgeon can reasonably be expected to make by General, fewer than one-third of Amer- bike, given such factors as weather, (i) transportation; (ii) law enforcement; icans meet Federal recommendations land use, and traffic patterns, carrying (iii) education; to engage in at least 30 minutes of capacity of bicycles, and bicycle infra- (iv) public health; moderate physical activity 5 days a structure; (2) what energy savings (v) environment; and week. Even more disturbing is the fact would result, or how much energy (vi) energy; that approximately 300,000 American could be conserved, if these trips were (D) maximize bicycle facility investments; deaths a year are associated with obe- (E) demonstrate methods that may be used converted from car to bike, (3) the sity. By promoting biking, we are cost-benefit analysis of bicycle infra- in other regions of the United States; and (F) facilitate the continuation of ongoing working to ensure that Americans, structure investments; and (4) what young and old, will increase their phys- factors could encourage more car trips programs that are sustained by local re- ical activity. to be replaced with bike trips. The sources. (3) COST SHARING.—At least 20 percent of In my home State of Maine, citizen study also will identify lessons we can the cost of each pilot project described in activists have led the way in encour- learn from the documented results of paragraph (1) shall be provided from State or aging their fellow Mainers to use bicy- the pilot programs. local sources. cling as an alternative mode of trans- The Conserve by Bike Program is a (d) ENERGY AND BICYCLING RESEARCH portation. Founded in 1992, the Bicycle small investment that has the poten- STUDY.— tial to produce significant returns: (1) IN GENERAL.—Not later than 2 years Coalition of Maine, BCM, has grown greater independence from foreign oil after the date of enactment of this Act, the substantially in its first decade plus of and a healthier environment and popu- Secretary shall enter into a contract with operation. In 1996, when BCM hired its lation. The Conserve by Bike Act au- the National Academy of Sciences for, and current executive director, Jeffrey Mil- the National Academy of Sciences shall con- ler, the organization had 200 individual thorizes a total of $6.2 million to carry duct and submit to Congress a report on, a out the pilot programs and research. A and family memberships. Today, it has study on the feasibility of converting motor over 1,700. For a State of less than 1.3 total of $5,150,000 will be used to imple- vehicle trips to bicycle trips. million residents—many of them elder- ment the pilot projects; $300,000 will be (2) COMPONENTS.—The study shall— used by the Department of Transpor- (A) document the results or progress of the ly—BCM’s broad membership is espe- tation to coordinate, publicize, and dis- pilot projects under subsection (b); cially impressive. seminate the results of the program; (B) determine the type and duration of Over the years, this group has advo- and $750,000 will be utilized for the re- motor vehicle trips that people in the United cated increased bicycle access to search study. States may feasibly make by bicycle, taking Maine’s roads and bridges, organized The provisions in this bill enjoy into consideration factors such as— the first ‘‘Bike to Work Day’’ in our (i) weather; strong, bipartisan support and have State, initiated bicycle safety edu- (ii) land use and traffic patterns; cation in our classrooms—teaching passed by unanimous consent as an (iii) the carrying capacity of bicycles; and amendment to a previous Senate en- (iv) bicycle infrastructure; more than 60,000 schoolchildren in over ergy package. The measure is endorsed (C) determine any energy savings that 500 Maine schools—and produced by the League of American Bicyclists, would result from the conversion of motor ‘‘Share the Road’’ public service an- which has over 300,000 affiliates, as well vehicle trips to bicycle trips; nouncements for television stations as the Association of Pedestrian and (D) include a cost-benefit analysis of bicy- statewide, among numerous other ac- Bicycle Professionals, Rails to Trails cle infrastructure investments; and complishments. Conservancy, Thunderhead Alliance, (E) include a description of any factors No matter how energetic, committed, that would encourage more motor vehicle Bikes Belong Coalition, Adventure Cy- and organized BCM and other bicycle trips to be replaced with bicycle trips. activists are, however, these groups cling, International Mountain Bicy- (e) AUTHORIZATION OF APPROPRIATIONS.— cling Association, Chicagoland Bicycle There is authorized to be appropriated to cannot accomplish their mission alone. Federation, and the League of Illinois carry out this section $6,200,000, to remain There is an important role for Govern- Bicyclists. available until expended, of which— ment to play in encouraging more indi- I ask that the text of the legislation (1) $5,150,000 shall be used to carry out pilot viduals to make bicycling their alter- be printed in the RECORD. projects described in subsection (c); native mode of transportation. In There being no objection, the bill was (2) $300,000 shall be used by the Secretary Maine, BCM has built strong, active to coordinate, publicize, and disseminate the ordered to be printed in the RECORD, as results of the program; and partnerships with local governments follows: (3) $750,000 shall be used to carry out sub- and the State’s Department of Trans- S. 808 section (d). portation. These key relationships Be it enacted by the Senate and House of Rep- Ms. COLLINS. Mr. President, I am have benefitted bicyclists throughout resentatives of the United States of America in pleased to join with my colleague from Maine and, in doing so, have encour- Congress assembled, Illinois in reintroducing the Conserve aged more Mainers to ride their bikes SECTION 1. CONSERVE BY BICYCLING PROGRAM. by Bike Act to recognize and promote on a regular basis. Indeed, more than 4 (a) DEFINITIONS.—In this section: percent of Maine’s commuters cur- (1) PROGRAM.—The term ‘‘program’’ means bicycling’s important impact on energy the Conserve by Bicycling Program estab- savings and public health. rently bike or walk, ranking the State lished by subsection (b). With America’s dependence on for- 14th in that category nationwide. I be- (2) SECRETARY.—The term ‘‘Secretary’’ eign oil, it is vital that we look to the lieve the Federal Government needs to means the Secretary of Transportation. contribution that bike travel can make become more engaged in encouraging (b) ESTABLISHMENT.—There is established toward solving our Nation’s energy bicycling as a means of alternative within the Department of Transportation a challenges. The legislation we are re- transportation, and the Conserve by program to be known as the ‘‘Conserve by introducing today would establish a Bike Act would contribute to the wor- Bicycling Program’’. (c) PROJECTS.— Conserve by Bike pilot program that thy goal of convincing more Americans (1) IN GENERAL.—In carrying out the pro- would oversee pilot projects through- to travel by bicycle. gram, the Secretary shall establish not more out the country designed to conserve The Senate is already on record in than 10 pilot projects that are— energy resources by providing edu- support of this bill. In the previous

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3685 Congress, during consideration of the Well, they do have a right. They have ‘‘(2) Subject to subsection (b), if a product Energy bill, identical legislation was a right to get a new job if they don’t is not in stock and a pharmacist employed accepted by voice vote as an amend- want to fill legal prescriptions. by the pharmacy refuses on the basis of a ment. I urge my colleagues to maintain But nobody has a right to come be- personal belief or on the basis of pharmacy policy to order or to offer to order the prod- their support for the Conserve by Bike tween any person and their doctor. Not uct when presented a valid prescription for Act. the government . . . not an insurance the product— company . . . and not a pharmacist. ‘‘(A) the pharmacy ensures that the indi- By Mr. LAUTENBERG (for him- The American Pharmaceutical Asso- vidual presenting the prescription is imme- self, Mr. CORZINE, and Mrs. ciation has adopted an ‘‘Oath of Phar- diately informed that the product is not in BOXER): macists.’’ The last part of the oath stock but can be ordered by the pharmacy; S. 809. A bill to establish certain du- states: I take these vows voluntarily and ‘‘(B) the pharmacy ensures, subject to the ties for pharmacies when pharmacists with the full realization of the respon- employed by the pharmacies refuse to consent of the individual, that the product sibility with which I am entrusted by fill valid prescriptions for drugs or de- is, without delay, ordered by another phar- the public. vices on the basis of personal beliefs, macist employed by the pharmacy. People trust pharmacists to fill the ‘‘(3) The pharmacy does not employ any and for other purposes; to the Com- prescriptions that are written by their pharmacist who engages in any conduct with mittee on Health, Education, Labor, doctors. If pharmacists are allowed to the intent to prevent or deter an individual and Pensions. from filling a valid prescription for a product Mr. LAUTENBERG. Mr. President, pick and choose which prescriptions get filled, everyone’s health will be at or from ordering the product (other than the today I am introducing the Access to specific conduct described in paragraph (1) or Legal Pharmaceuticals Act (ALPhA). I risk. Today they might not fill pre- (2)), including— want to thank Senators CORZINE and scriptions for birth control pills. To- ‘‘(A) the refusal to return a prescription BOXER for cosponsoring this important morrow it could be painkillers for a form to the individual after refusing to fill piece of legislation. cancer patient. Next year it could be the prescription or order the product, if the This bill is simple. It ensures timely medicine that prolongs the life of a individual requests the return of such form; access to contraception and is crucial person with AIDS or some other ter- ‘‘(B) the refusal to transfer prescription in- to protecting a woman’s health and au- minal disease. formation to another pharmacy for refill dis- I’m going to fight to protect all pensing when such a transfer is lawful, if the tonomy, and to keeping pharmacists individual requests such transfer; and politicians out of personal, private Americans against this radical assault ‘‘(C) subjecting the individual to humilia- matters. on our rights. tion or otherwise harassing the individual; This bill would protect an individ- I’m proud to introduce a bill that or ual’s access to legal contraception by will require pharmacists to do one sim- ‘‘(D) breaching medical confidentiality requiring that if a pharmacist has a ple thing: their job. with respect to the prescription or threat- personal objection to filling a legal I ask unanimous consent that the ening to breach such confidentiality. prescription for a drug or device, the text of the bill be printed in the ‘‘(b) PRODUCTS NOT ORDINARILY STOCKED.— pharmacy would be required to ensure Subsection (a)(2) applies only with respect to RECORD. a pharmacy ordering a particular product for that the prescription is filled by an- There being no objection, the bill was an individual presenting a valid prescription other pharmacist employed by the ordered to be printed in the RECORD, as for the product, and does not require the pharmacy who does not have a personal follows: pharmacy to keep such product in stock, ex- objection. S. 809 cept that such subsection has no applica- I came to the Senate 22 years ago. bility with respect to a product for a health Be it enacted by the Senate and House of Rep- condition if the pharmacy does not keep in We’ve made a lot of progress, in wom- resentatives of the United States of America in stock any product for such condition. en’s health and women’s rights since Congress assembled, then. But today it seems like we’re ‘‘(c) ENFORCEMENT.— SECTION 1. SHORT TITLE. ‘‘(1) CIVIL PENALTY.—A pharmacy that vio- fighting to keep from sliding backward This Act may be cited as the ‘‘Access to lates a requirement of subsection (a) is liable in some areas. Legal Pharmaceuticals Act’’. to the United States for a civil penalty in an An individual’s fundamental right of SEC. 2. FINDINGS. amount not exceeding $5,000 per day of viola- access to birth control is being at- The Congress finds as follows: tion, and not to exceed $500,000 for all viola- tacked. Reports of some pharmacists (1) An individual’s right to religious belief tions adjudicated in a single proceeding. refusing to fill prescriptions have been and worship is a protected, fundamental ‘‘(2) PRIVATE CAUSE OF ACTION.—Any person documented in twelve states. right in the United States. aggrieved as a result of a violation of a re- The women that were denied were (2) An individual’s right to access legal quirement of subsection (a) may, in any young and old; married and single; contraception is a protected, fundamental court of competent jurisdiction, commence a with children and without. Even right in the United States. civil action against the pharmacy involved women who were using birth control (3) An individual’s right to religious belief to obtain appropriate relief, including actual for other medical reasons aside from and worship cannot impede an individual’s and punitive damages, injunctive relief, and access to legal prescriptions, including con- a reasonable attorney’s fee and cost. preventing conception have been de- traception. ‘‘(3) LIMITATIONS.—A civil action under nied access to the birth control pill. SEC. 3. DUTIES OF PHARMACIES WITH RESPECT paragraph (1) or (2) may not be commenced If you told me 10 years ago that a TO REFUSAL OF PHARMACISTS TO against a pharmacy after the expiration of woman’s right to use contraception FILL VALID PRESCRIPTIONS. the five-year period beginning on the date on would be in jeopardy, I probably (a) IN GENERAL.—Part B of title II of the which the pharmacy allegedly engaged in the wouldn’t have believed it. Today I have Public Health Service Act (42 U.S.C. 238 et violation involved. to believe it—because it’s happening. seq.) is amended by adding at the end the fol- ‘‘(d) DEFINITIONS.—For purposes of this sec- In Texas last year, a pharmacist re- lowing section: tion: fused to fill a legal prescription for the ‘‘SEC. 249. DUTIES OF PHARMACIES WITH RE- ‘‘(1) The term ‘employ’, with respect to the services of a pharmacist, includes entering ‘‘morning after’’ contraceptive for a SPECT TO REFUSAL OF PHAR- MACISTS TO FILL VALID PRESCRIP- into a contract for the provision of such woman who had been raped. First she TIONS. services. was assaulted and violated—then her ‘‘(a) IN GENERAL.—A pharmacy that re- ‘‘(2) The term ‘pharmacist’ means a person rights were violated by a self-righteous ceives prescription drugs or prescription de- authorized by a State to practice pharmacy, pharmacist who didn’t want to do his vices in interstate commerce shall maintain including the dispensing and selling of pre- job. compliance with the following conditions: scription drugs. In Milwaukee, a married woman in ‘‘(1) If a product is in stock and a phar- ‘‘(3) The term ‘pharmacy’ means a person her mid–40s with four children got a macist employed by the pharmacy refuses on who— prescription from her doctor for a the basis of a personal belief to fill a valid ‘‘(A) is authorized by a State to engage in morning-after pill. A pharmacist re- prescription for the product, the pharmacy the business of selling prescription drugs at ensures, subject to the consent of the indi- retail; and fused to do his job. He wouldn’t fill the vidual presenting the prescription in any ‘‘(B) employs one or more pharmacists. prescription. case in which the individual has reason to ‘‘(4) The term ‘prescription device’ means a A handful of pharmacists are saying know of the refusal, that the prescription is, device whose sale at retail is restricted they have a ‘‘right’’ to ignore prescrip- without delay, filled by another pharmacist under section 520(e)(1) of the Federal Food, tions written by medical doctors. employed by the pharmacy. Drug, and Cosmetic Act.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3686 CONGRESSIONAL RECORD — SENATE April 14, 2005 ‘‘(5) The term ‘prescription drug’ means a of this resolution. And, nearly two- nifies the ideas that characterize the society drug that is subject to section 503(b)(1) of the thirds of the Members of this body that has chosen that emblem as well as the Federal Food, Drug, and Cosmetic Act. have indicated their support. Those special history that has animated the growth ‘‘(6) The term ‘product’ means a prescrip- numbers seem to grow with each pass- and power of those ideas . . . So it is with tion drug or a prescription device. the American flag. It is more than a proud ‘‘(7) The term ‘valid’, with respect to a pre- ing year. symbol of the courage, the determination, scription, means— No doubt, some will still argue that and the gifts of a nation that transformed 13 ‘‘(A) in the case of a drug, a prescription this amendment is unnecessary. Fortu- fledgling colonies into a world power. It is a within the meaning of section 503(b)(1) of the nately, that refrain is gradually losing symbol of freedom, of equal opportunity, of Federal Food, Drug, and Cosmetic Act that its punch. religious tolerance, and of goodwill for other is in compliance with applicable law, includ- When this amendment eventually peoples who share our aspirations. ing, in the case of a prescription for a drug passes the Senate, as I believe that it There is a certain wisdom to Justice that is a controlled substance, compliance will, our victory will not be attributed Stevens’ statement that our constitu- with part 1306 of title 21, Code of Federal to the passions of the moment. Rather, ents immediately grasp. Some polls Regulations, or successor regulations; and it will be due to the tireless efforts of show that over 80 percent of the Amer- ‘‘(B) in the case of a device, an authoriza- citizens committed to convincing their tion of a practitioner within the meaning of ican people support an amendment to section 520(e)(1) of such Act that is in com- elected representatives that this protect the flag. pliance with applicable law. amendment matters. Its unique character is represented in ‘‘(8) The term ‘without delay’, with respect I have heard from some Utahans who the diversity of the groups that have to a pharmacy filling a prescription for a love our country’s flag but are opposed worked over the years to bring this product or ordering the product, means with- to amending the Constitution. To them amendment to fruition. Veterans, po- in the usual and customary timeframe at the I would say, amending the Constitution lice, African Americans, Polish Ameri- pharmacy for filling prescriptions for prod- should never be taken lightly. Yet cans, farmers, and so many more di- ucts for the health condition involved or for after serious study of the issue, I have verse groups see in the flag a symbol of ordering such products, respectively.’’. concluded there is no other way to (b) EFFECTIVE DATE.—The amendment our Nation; they understand that it is made by subsection (a) takes effect upon the guarantee that our flag is protected, as perfectly consistent with our constitu- expiration of 30 days after the date of the en- I will discuss in a few minutes. tional traditions for us to protect it. actment of this Act, without regard to And, indeed, guaranteeing the phys- Unfortunately, in 1989 the Supreme whether the Secretary of Health and Human ical integrity of the flag is a cause Court intervened and ovrrode every Services has issued any guidance or final worth fighting for. The American peo- State law barring desecration of the rule regarding such amendment. ple seem to understand what the oppo- American flag. nents of this amendment fail to grasp. None of these States has restricted By Mr. HATCH (for himself, Mrs. This amendment is a necessary state- first amendment political speech in FEINSTEIN, Mr. THUNE, Mr. TAL- ment that citizens still have some con- any way. ENT, Mr. ALEXANDER, Mr. trol over the destiny of this Nation and Their laws did not lead us down some ALLARD, Mr. ALLEN, Mr. BAU- in maintaining the traditions and sym- slippery slope that would result in re- CUS, Mr. BROWNBACK, Mr. bols that have helped to bind us to- straints on political opinions. BURNS, Mr. BURR, Mr. CHAM- gether in all our diversity for over 200 These States drew reasonable distinc- BLISS, Mr. COBURN, Mr. COLE- years. tions between political speech and in- MAN, Ms. COLLINS, Mr. CORNYN, Those who oppose protecting the flag flammatory and frequently violent Mr. CRAIG, Mr. CRAPO, Mr. through a constitutional amendment acts. DEWINE, Mr. DOMENICI, Mr. EN- are probably not aware of our constitu- Yet in Texas v. Johnson, the Su- SIGN, Mr. ENZI, Mr. FRIST, Mr. tional history. Indeed, for most of preme Court held that a Texas statute, GRAHAM, Mr. GRASSLEY, Mr. America’s history, our Nation’s laws and others like it, that barred desecra- INHOFE, Mr. KYL, Mrs. LINCOLN, guaranteed the physical integrity of tion of the American flag, violated core Mr. LOTT, Mr. LUGAR, Mr. the American flag. first amendment principles. That cer- MCCAIN, Mr. ROBERTS, Mr. These were laws no one questioned. tainly would have been news to those SANTORUM, Mr. SESSIONS, Mr. No one every questioned that the sim- who wrote the Constitution and our SHELBY, Mr. THOMAS, Mr. VIT- ple act of providing legal protection for Bill of Rights. TER, Mr. WARNER, Mr. BOND, the flag, a unique symbol of our ties as It was news, bad news, to the Amer- Mr. BUNNING, Mr. DEMINT, Mrs. a Nation, could somehow violate the ican people as well. DOLE, Mr. GREGG, Mr. HAGEL, Constitution. So in response to this imprudent de- Mrs. HUTCHISON, Mr. JOHNSON, We should take a moment and recall cision, the Senate acted quickly and Mr. MARTINEZ, Mr. NELSON of what we were taught about the flag as passed The Flag Protection Act. It be- Nebraska, Ms. SNOWE, Mr. schoolchildren. Our flag’s 13 stripes came law on October 28, 1989. SPECTER, and Mr. STEVENS): show our origins. We started as 13 sepa- Then, in 1990, the Court struck down S.J. Res. 12. A joint resolution pro- rate colonies that first became sepa- even this legislation in United States posing an amendment to the Constitu- rate States and then one Nation v. Eichman. tion of the United States authorizing through the Declaration of Independ- And that is why a constitutional Congress to prohibit the physical dese- ence and the American Revolution. The amendment has become necessary. cration of the flag of the United States; 50 stars on the field of blue represent With due respect to our courts, and to the Committee on the Judiciary. what we have become: a Nation unified. to my colleagues who continue to sup- Mr. HATCH. Mr. President, it is with And over the past 230 years, we have port these decisions, these legal argu- a sense of honor that my friend and become ever more united in our comments against flag protection just do colleague, Senator FEINSTEIN, and I mitment to the extension of liberty not hold water. rise to introduce a bipartisan constitu- and equality. Detractors of our amendment con- tional amendment that would allow Among all of our differences, dif- tend that the first amendment guaran- Congress to prohibit the physical dese- ferences frequently reflected in this tees the right to burn the American cration of the American flag. body, we do remain one Nation undi- flag. It does no such thing. I am proud and privileged to be work- vided and indivisible, and our flag is a They contend it would carve out an ing again with my California colleague simple but profound statement of that exception to the first amendment as on this important proposal. Among our union. That is why we open the Senate some say. It would not. Rather, it principal cosponsors are our colleagues each day by pledging our allegiance to would reaffirm what was understood Senator THUNE and Senator TALENT. It the flag. It is a reminder of all that we not only by those who ratified the Con- is heartening to us to see some of the have in common. stitution but also by citizens of today: Senate’s newest Members come to this Supreme Court Justice John Paul that the first amendment never guar- issue with the same passion that its Stevens understood the significance of anteed such expressive conduct. Wheth- original supporters still feel. the flag’s status when he wrote: er one is an originalist or whether one This amendment is truly bipartisan. A country’s flag is a symbol of more than believes in a living Constitution, this Today, we count 51 original cosponsors nationhood and national unity. It also sig- argument falls short.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3687 The American people have long dis- It is my hope that the Judiciary com- year in Iraq. Likewise, the 452nd ordi- tinguished between the first amend- mittee will move the resolution to the nance company of the United States ment’s guarantee of an individual’s floor. Army Reserve is preparing to depart right to speak his or her mind and the And, in turn, I ask that our leader- for Iraq in September. repulsive expression of desecrating the ship ensure this resolution gets a vote My father, like many other veterans flag. For many years, the people’s on the floor. of World War II, understands the im- elected representatives in Congress and Mr. THUNE. Mr. President, today, it portance of taking this step. Veterans 49 State legislatures passed statutes is my distinct honor and privilege to from across South Dakota have asked prohibiting physical desecration of the rise and speak on behalf of Senator me to step up and defend the flag of flag, and our political speech thrived. HATCH, Senator FEINSTEIN, Senator this great Nation and today I am an- It was just as robust as it is today. TALENT, myself, and 47 other senators, swering that call. Yet in 1989, the Supreme Court’s as we introduce bipartisan legislation Today, members of both political novel interpretation of the first amend- we believe to be long overdue. It is not parties will introduce a proposed con- ment concluded that the people, their reform legislation. It does not author- stitutional amendment that would give elected legislators, and the courts are ize new government programs, create back to the American people the power no longer capable of making these rea- new sources of tax revenue, or provide to prevent the desecration of the Amer- sonable distinctions, distinctions that incentives to stimulate our economy. ican flag. We know the gravity of this we frequently make in this body such It is none of those things, but it is a legislation. There is nothing complex as when we prohibit speeches or dem- matter of great importance. The events about this amendment, nor are there onstrations of any kind, even in the si- of 9/11 have reminded us all of that. It any hidden consequences. This amend- lent display of signs or banners, in the is, instead, legislation that speaks to ment provides Congress with the power public galleries. the core of our beliefs and hopes as a to outlaw desecration of the American The American people created the Nation, and as a people. It is about a flag, a right that is widely recognized Constitution, and they reserved to national treasure and a symbol of our by Madison, Jefferson, and Supreme themselves the right to amend the Con- country that the vast majority of Court Justice Hugo Black, one of the stitution when they saw fit. Is it wrong Americans—and the majority of this foremost advocates of first amendment to give the American people the oppor- great body, I might add—believe is freedoms. tunity to review whether the Supreme worth special status and worthy of pro- Most states officially advocate Con- Court got it right in this case? I think tection. It is about the American flag. gress passing legislation to protect the not. Our American flag is more than mere flag. Frankly, I do not see this as a The fact is, a Senator does not take cloth and ink. It is a symbol of the lib- first amendment issue. an oath to support and defend the hold- erty and freedom that we enjoy today It is an attempt to restore the tradi- ings of the Supreme Court. We take an thanks to the immeasurable sacrifices tional protections to the symbol cher- oath to support the Constitution. And, of generations of Americans who came ished so dearly by our Government and it is entirely appropriate that when we before us. the people of the United States. Some think the Court gets it wrong, we cor- It represents the fiber and strength acts are not accepted as ‘‘free speech’’ rect it through proper constitutional of our values and it has been sanctified even in societies like ours where we devices, devices set out in the Con- by the blood of those who died defend- consider free speech a cherished right. stitution itself . . . Though it has been ing it. For example, an attempt to burn down forgotten over the years, this is hardly I rise today to call upon all members this Capitol building as a political a radical idea. It was one supported by of this body to support a constitutional statement would never be viewed as the founders of both the Republican amendment that would give Congress someone’s right of free speech. Our and Democratic parties, Thomas Jef- the power to prohibit the physical laws would not tolerate the causing of ferson and Abraham Lincoln. desecration of the American flag. It harm to other’s property or life as an As some in this body have noted, our would simply authorize, but not react of ‘‘free speech.’’ This flag happens courts are now frequently attempting quire, Congress to pass a law pro- to be the property of the American peo- to identify a national consensus to jus- tecting the American flag. ple, in my opinion, and this question tify contemporary interpretations of This amendment does not affect any- should be put before the States and our constitutional guarantees. The one’s right to express their political be- their people to decide how and if to progress of this amendment to protect liefs. protect it. I think the answer will come the flag demonstrates to me at least It would only allow Congress to pre- back as a resounding ‘‘yes’’. just how such a consensus is supposed vent our flag from being used as a prop, There is little doubt that the debate to develop. Through argument, through to be desecrated in some ways simply over state ratification will trigger a give and take, through debate—over not appropriate to even mention in tremendous discussion over our values, time the American people, as reflected these halls. beliefs and whether we will ultimately in the actions of their representatives, This resolution and similar legisla- bestow a lasting honor on our tradi- have become more sure than ever that tion have been the subject of debate be- tions. Importantly, it will be an indica- they should have the opportunity to fore this body before. There is, in fact, tion of how we recognize our service- protect their flag through moderate a quite lengthy legislative history re- men and women who are sacrificing— and reasonable legislation. garding efforts to protect the American right now—in Iraq and Afghanistan, to After September 11, citizens proudly flag from desecration. In 1989, the Su- protect those traditions and values for flew the flag, defying the terrorist preme Court declared essentially that us. Will we honor them, and all the vet- challenge to our core values of liberty burning the American flag is ‘‘free erans who served and died in wars for and equality, and confirming its unique speech.’’ That is a decision the Amer- this country and our flag over the last status as a symbol of our nation’s ican people should make, particularly 200 years? That’s not a question which strength and purpose. In the struggle when this country finds itself fighting a court should hold the final answer. that has followed, our flag stands as a for democracy and expending American I believe the time has finally come. I reminder of the many personal sac- lives for that cause, on battlefields believe our country wants this debate. rifices made to protect and strengthen overseas. The majority of this Senate, I believe, our nation. South Dakota veterans and members wants this amendment. We begin it And so, to protect this symbol, I am of the armed forces from my State here, and we begin it now. Let the de- today introducing this amendment. know exactly what I’m talking about, bate begin. I thank my colleagues, Senators as I’m sure they do from every state Mr. BURNS. Mr. President, I come to FEINSTEIN, THUNE, and TALENT for represented in the Senate. In recent the floor today to voice my support for their work on this. I urge those who months, units of the 147th field artil- the flag amendment. are not cosponsors of this amendment lery and 153rd engineer battalions of The flag of the United States of to keep an open mind as we debate this the South Dakota National Guard re- America is a symbol of freedom. The resolution. turned home after spending a difficult flag of the United States of America

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3688 CONGRESSIONAL RECORD — SENATE April 14, 2005 has been sanctified by the blood of mittee and the Sentencing Guidelines Com- and she has served as Interim President of thousands of U.S. soldiers who have mission; the Organization’s Board of Trustees; fought across the world, and it must be Whereas, as an Associate Judge of the Su- Whereas, since 1986, Annice M. Wagner has protected from desecration. This pro- perior Court, Annice M. Wagner served as participated as a member of a teaching team chairperson of the Court’s Advisory Com- for the Trial Advocacy Workshop at Harvard posed constitutional amendment would mittee on Probate and Fiduciary Rules and Law School; overturn the 1989 U.S. Supreme Court’s was largely responsible for the implementa- Whereas Annice M. Wagner, Chief Judge of 5–4 ruling which held that laws banning tion of new rules intended to streamline and the District of Columbia Court of Appeals, desecration of the U.S. flag were un- clarify procedures regarding missing, pro- was born in the District of Columbia and at- constitutional infringements on free tected, and incapacitated individuals; tended District of Columbia Public Schools speech and therefore a violation of the Whereas, as an Associate Judge of the Su- and received her Bachelor’s and law degrees first amendment. perior Court, the Honorable Annice M. Wag- from Wayne State University in Detroit, ner served as chairperson of the Task Force I am proud of the first amendment Michigan; and on Gender Bias in the Courts, which con- Whereas Annice M. Wagner’s dedication to right to free speech and will always en- ducted a comprehensive study of bias in the public service and the citizens of the District sure all Americans maintain that courts; of Columbia has contributed to the improve- right. I am also proud of the American Whereas, under Annice M. Wagner’s leader- ment of the judicial system, increased equal flag and the values behind it. The ship, the District of Columbia courts estab- access to justice, and advanced public con- American flag flies over this great lished the Standing Committee on Fairness fidence in the court system: Now, therefore, country as a symbol of liberty and pa- and Access to the Courts to ensure racial, be it gender, and ethnic fairness; triotism. Desecration of the flag would Resolved, That the Senate commends the Whereas Annice M. Wagner was appointed Honorable Annice M. Wagner for her com- be destruction of the core principles on by President George H.W. Bush and con- mitment and dedication to public service, which this great Nation was founded. I firmed by the Senate in 1990 to be an Asso- the judicial system, equal access to justice, will continue to be an advocate on be- ciate Judge of the District of Columbia and the community. half of the American flag and the val- Court of Appeals; Ms. COLLINS. Mr. President, today I Whereas Annice M. Wagner was appointed ues the flag represents. am submitting a Senate resolution to I encourage my colleagues to support in 1994 to serve as Chief Judge of the District Court of Appeals; commend Chief Judge Annice M. Wag- this measure and join me in ensuring Whereas, while Chief Judge of the District ner of the District of Columbia Court the everlasting integrity of the Amer- of Columbia Court of Appeals, Annice M. of Appeals for more than 32 years of ican flag. Wagner served as Chair of the Joint Com- public service. As the Chairman of the f mittee on Judicial Administration in the Committee on Homeland Security and District of Columbia; SUBMITTED RESOLUTIONS Governmental Affairs, which has over- Whereas, under Annice M. Wagner’s leader- sight jurisdiction of the District of Co- ship, the District of Columbia courts initiated the renovation of the Old District of Co- lumbia courts, I believe that it is im- SENATE RESOLUTION 107—COM- lumbia Courthouse (Old City Hall) in Judici- portant to recognize the contributions MENDING ANNICE M. WAGNER, ary Square, a National Historic Landmark, of Chief Judge Wagner who will be re- CHIEF JUDGE OF THE DISTRICT for future use by the District of Columbia tiring this year. As chief judge of the OF COLUMBIA COURT OF AP- Court of Appeals; D.C. Court of Appeals, she has worked PEALS, FOR HER PUBLIC SERV- Whereas, under Annice M. Wagner’s leader- closely with the Committee on Home- ship, the District of Columbia courts initi- ICE land Security and Governmental Af- ated the master planning process for the ren- fairs on various issues related to the Ms. COLLINS (for herself, Mr. DUR- ovation and use of unused or underutilized D.C. courts and the justice system in BIN, Mr. LIEBERMAN, Mr. STEVENS, Mr. court properties, which will lead to the revi- the District. VOINOVICH, Mr. AKAKA, Mr. COLEMAN, talization of the Judiciary Square area in the Nation’s Capital; Chief Judge Wagner entered Federal Mr. LEVIN, Mr. COBURN, Mr. DEWINE, Whereas, under Annice M. Wagner’s leader- Government service in 1973 as the first Ms. LANDRIEU, and Mr. LAUTENBERG) ship, the Court of Appeals, along with the woman to be appointed General Coun- submitted the following resolution; District of Columbia Bar, the District of Co- sel of the National Capital Housing Au- which was referred to the Committee lumbia Bar Foundation, and the District of thority, then a Federal agency. Subse- on Homeland Security and Govern- Columbia Consortium of Legal Service Pro- quently, she served as People’s Counsel mental Affairs: viders, established the District of Columbia for the District of Columbia, an office Access to Justice Commission, a commission S. RES. 107 that will propose ways to make lawyers and created by Congress to represent the Whereas Annice M. Wagner, Chief Judge of the legal system more available for poor in- interests of utility consumers before the District of Columbia Court of Appeals, dividuals in the District of Columbia; the District of Columbia Public Service entered Federal Government service in 1973 Whereas Annice M. Wagner served as Presi- Commission and the District of Colum- as the first woman to be appointed General dent of the Conference of Chief Justices, an bia Court of Appeals. Counsel of the National Capital Housing Au- organization of Chief Justices and Chief Chief Judge Wagner was twice con- thority, then a Federal agency; Judges of the highest court of each of the 50 firmed by the Senate. First, in 1977, Whereas, from 1975 to 1977, the Honorable States, the District of Columbia, and the ter- when she was nominated by President Annice M. Wagner served as People’s Counsel ritories; Jimmy Carter to serve as an Associate for the District of Columbia, an office cre- Whereas Annice M. Wagner served as ated by Congress to represent the interests Chairperson of the Board of Directors of the Judge of the Superior Court for the of utility consumers before the District of National Center for State Courts; District of Columbia and again when Columbia Public Service Commission and Whereas the Honorable Annice M. Wagner she was nominated by President the District of Columbia Court of Appeals; commands wide respect within the legal pro- George H. W. Bush, in 1990, to serve as Whereas, in 1977, the Honorable Annice M. fession nationally, having been selected to an Associate Judge of the D.C. Court of Wagner was appointed by President Carter serve as one of 11 members of the American Appeals. She was later appointed, in and confirmed by the Senate to serve as an Bar Association’s Section on Dispute Resolu- 1994, to serve as chief judge. During her Associate Judge of the Superior Court for tion’s Drafting Committee on the Uniform 28 years of service in the D.C. courts, the District of Columbia; Mediation Act, which collaborated with the she served in every division of the D.C. Whereas, while serving as an Associate National Conference of Commissioners on Judge of the Superior Court, the Honorable Uniform State Laws in promulgating the Superior Court, and served for two Annice M. Wagner served in the civil, crimi- Uniform Mediation Act, which, in 2001, was years as presiding judge of the Probate nal, family, probate, and tax divisions and approved and recommended for enactment in and Tax divisions. She also served on served for 2 years as presiding judge of the all of the States, to foster prompt, economi- various commissions and committees, probate and tax divisions; cal, and amicable resolution of disputes including serving as chairperson of the Whereas, while serving as an Associate through mediation processes which promote Committee on Selection and Tenure of Judge of the Superior Court, Annice M. Wag- public confidence and uniformity across Hearing Commissioners, Chair of the ner served on various commissions and com- state lines; Joint Committee on Judicial Adminis- mittees to improve the District of Columbia Whereas, since 1979, Annice M. Wagner has judicial system, including serving as chair- been involved with the United Planning Or- tration in the District of Columbia, person of the Committee on Selection and ganization, which was established in 1962 to and as a member of the Superior Court Tenure of Hearing Commissioners, and as a conduct initiatives designed to provide Rules Committee and the Sentencing member of the Superior Court Rules Com- human services in the District of Columbia Guidelines Commission.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3689 Chief Judge Wagner has also dem- olution of disputes through mediation other countries and cultures in order to bet- onstrated a commitment to improving processes which promote public con- ter represent America’s interests and pro- access to justice. To this end, she fidence and uniformity across state mote American ideals; served as chairperson of the Court’s lines. Whereas Federal, State, and local govern- Chief Judge Wagner’s dedication and ment employees have risen to the occasion Advisory Committee on Probate and and demonstrated professionalism, dedica- Fiduciary Rules and was largely re- service to the District of Columbia and tion, and courage while fighting the war sponsible for the implementation of to the judicial system are highly com- against terrorism; new rules intended to streamline and mendable and warrant our recognition. Whereas public servants alert Congress and clarify procedures regarding the affairs I urge my colleagues to support this the public to government waste, fraud, of missing, protected, and incapaci- resolution. abuse, and dangers to public health; tated individuals. She also served as f Whereas the men and women serving in the chairperson of the Task Force on Gen- Armed Forces of the United States, as well SENATE RESOLUTION 108—EX- as those skilled trade and craft Federal em- der Bias in the Courts, which con- PRESSING THE SENSE OF THE ployees who provide support to their efforts, ducted a comprehensive study of bias SENATE THAT PUBLIC SERV- contribute greatly to the security of the Na- in the courts and, under her leadership, ANTS SHOULD BE COMMENDED tion and the world; the District of Columbia courts estab- FOR THEIR DEDICATION AND Whereas government workers have much lished the Standing Committee on to offer, as demonstrated by their expertise CONTINUED SERVICE TO THE NA- and innovative ideas, and serve as examples Fairness and Access to the Courts to TION DURING PUBLIC SERVICE ensure racial, gender, and ethnic fair- by passing on institutional knowledge to RECOGNITION WEEK, MAY 2 train the next generation of public servants; ness. THROUGH 8, 2005 Whereas May 2 through 8, 2005, has been More recently, under her leadership, Mr. AKAKA (for himself, Mr. designated Public Service Recognition Week the Court of Appeals, along with the to honor America’s Federal, State, and local VOINOVICH, Ms. COLLINS, Mr. District of Columbia Bar, the District government employees; of Columbia Bar Foundation, and the LIEBERMAN, Mr. COLEMAN, Mr. LEVIN, Whereas the theme for Public Service Rec- District of Columbia Consortium of Mr. COBURN, and Mr. CARPER) sub- ognition Week 2005 is Celebrating Govern- Legal Service Providers, established mitted the following resolution; which ment Workers Nationwide to highlight the the D.C. Access to Justice Commission, was referred to the Committee on important work civil servants perform a commission that will propose ways to Homeland Security and Governmental throughout the Nation; and Whereas Public Service Recognition Week make lawyers and access to justice Affairs: S. RES. 108 is celebrating its 21st anniversary through more available for poor individuals in job fairs, student activities, and agency ex- Whereas Public Service Recognition Week the District of Columbia. hibits: Now, therefore, be it Chief Judge Wagner’s work at the provides an opportunity to honor and cele- Resolved, That the Senate— D.C. courts also extends beyond legal brate the commitment of men and women (1) commends public servants for their out- who meet the needs of the Nation through issues. As the space needs of the Dis- standing contributions to this great Nation; work at all levels of government; (2) salutes their unyielding dedication and trict of Columbia courts continued to Whereas over 18,000,000 individuals work in grow beyond their current building, spirit for public service; government service in every city, county, (3) honors those government employees Chief Judge Wagner led the effort to and State across America and in hundreds of who have given their lives in service to their examine solutions to resolve the courts cities abroad; country; continued space problems. Her efforts Whereas Federal, State, and local officials (4) calls upon a new generation of workers led the D.C. courts to plan and initiate perform essential services the Nation relies to consider a career in public service as an the renovation of the Old Courthouse/ upon every day; honorable profession; and Whereas the United States of America is a City Hall in Judiciary Square, a Na- (5) encourages efforts to promote public great and prosperous nation, and public serv- service careers at all levels of government. tional Historic Landmark, for the fu- ice employees contribute significantly to ture use by the D.C. Court of Appeals. that greatness and prosperity; Mr. AKAKA. Mr. President, today I In addition, as Congress enacted new Whereas the Nation benefits daily from the rise to pay tribute to America’s public legislative mandates on the courts knowledge and skills of these highly trained servants. Whether it is at the Federal, which further increased their space individuals; State, or local level, the men and needs, under her leadership, the Dis- Whereas public servants— women who choose public service pro- trict of Columbia courts initiated the (1) help the Nation recover from natural vide essential services that we rely on disasters and terrorist attacks; every day. As the ranking member of master planning process for the ren- (2) provide vital strategic support func- ovation and use of all court properties the Senate Homeland Security and tions to our military and serve in the Na- Governmental Affairs Subcommittee in Judiciary Square. This effort will re- tional Guard and Reserves; sult not only in the improvement of (3) fight crime and fire; on Oversight of Government Manage- court operations, but is expected to (4) deliver the United States mail; ment, the Federal Workforce, and the lead to the revitalization of the Judici- (5) deliver social security and medicare District of Columbia, I am pleased to submit a resolution honoring these em- ary Square area in the Nation’s Cap- benefits; ployees and celebrating Public Service ital. (6) fight disease and promote better health; Chief Judge Wagner’s service also ex- (7) protect the environment and the Na- Recognition Week. I am delighted to be tion’s parks; tends beyond the boundaries of the Dis- joined by the leadership of the Senate (8) defend and secure critical infrastruc- Homeland Security and Governmental trict. She has served as President of ture; Affairs Committee, Senators the Conference of Chief Justices, an or- (9) teach and work in our schools and li- VOINOVICH, COLLINS, LIEBERMAN, COLE- ganization of chief justices and chief braries; (10) improve and secure our transportation MAN, LEVIN, COBURN, and CARPER. judges of the highest court of each of The 21st anniversary of Public Serv- the fifty states, the District of Colum- systems; (11) keep the Nation’s economy stable; and ice Recognition Week, which takes bia, and the territories, as chairperson place the week of May 2, 2005, show- of the Board of Directors of the Na- (12) defend our freedom and advance United States interests around the world; cases the talented individuals who tional Center for State Courts, and as Whereas public servants at every level of serve their country as Federal, State one of eleven members of the American government are hard-working men and and local government employees, both Bar Association’s Section on Dispute women, committed to doing their jobs re- civilian and military. From Hawaii to Resolution’s Drafting Committee on gardless of the circumstances; Maine, throughout the Nation, and the Uniform Mediation Act which col- Whereas members of the uniformed serv- around the world, public employees use laborated with the National Conference ices and civilian employees at all levels of the week to educate their fellow citi- government make significant contributions of Commissioners on Uniform State zens on Government services make life Laws in promulgating the Uniform Me- to the general welfare of the United States, and are on the front lines in the fight better for all of us and the exciting diation Act, which, in 2001, was ap- against terrorism and in maintaining home- challenges of a career in public service. proved and recommended for enact- land security; Public servants are teachers, mem- ment in all the States, to foster Whereas public servants work in a profes- bers of the Armed Forces, civilian de- prompt, economical, and amicable res- sional manner to build relationships with fense workers, postal employees, food

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They de- Buckeyes, which was made possible by a he- of victory that was the second-highest in Na- liver essential Government services; roic final performance on the vault by fresh- tional Collegiate Athletic Association wres- man Jonathan Horton; tling history; defend our freedom; go above and be- Whereas the Sooners’ winning score of Whereas the Cowboys crowned a school- yond the call of duty to notify the pub- 225.675 set a school record and dramatically record 5 individual national champions, lic of Government waste, fraud, abuse; surpassed second-place Ohio State’s score of tying a national tournament record; and respond with professionalism and 225.450; Whereas the Cowboys’ outstanding 2005 honor during emergencies. They de- Whereas 6 members of the University of season contributed to an already rich and serve our respect and gratitude for Oklahoma men’s gymnastics team, including proud tradition of wrestling excellence at their dedication and service to this Taqiy Abdullah-Simmons, Josh Gore, David Oklahoma State University; country. Henderson, Jamie Henderson, Jonathan Hor- Whereas the amazing accomplishments of As the conflict in Iraq continues, as ton, and Jacob Messina, also garnered a the past year reflect the dedication, commit- school-record 13 All-America honors in the ment, and tireless effort of the entire school, well as the global war on terrorism, I individual event finals; from the president to the athletic directors, would like to take this opportunity to Whereas senior David Henderson’s 2005 coaches, athletes, managers, and staff mem- thank the brave men and women who NCAA title on the still rings gave the Uni- bers; and have given their lives for their coun- versity of Oklahoma its 18th all-time indi- Whereas the student athletes of the Okla- try. Over 1,500 Americans have lost vidual national champion and capped off an homa State University wrestling team, their lives in defense of freedom since exceptional 4 years; through their exceptional athletic achieve- the beginning of Operation Iraqi Free- Whereas Head Coach Mark Williams was ments, have not only brought credit to dom. Members of the Federal civilian named the 2005 NCAA Coach of the Year, themselves but to their fellow students, making it the third time in his distinguished their university, and their community: Now, workforce work side-by-side with mem- career that Head Coach Williams has re- therefore be it bers of the Armed Services and are cru- ceived that honor; Resolved, That the Senate— cial to our Nation’s defense, security, Whereas the tremendous success of the 2005 (1) commends the Oklahoma State Cow- and general welfare. Like those who Sooners adds to the outstanding legacy of boys for their third straight National Colle- came before them and those who are men’s gymnastics at the University of Okla- giate Athletic Association Division I Wres- yet to come, our military and civilian homa and is a reflection of the heart and tling Championship; support staff show courage in the face dedication of the entire school, from the (2) recognizes the players, coaches, staff, of adversity and deserve our admira- president to the athletic directors, coaches, and all who have made the historic successes athletes, managers, and staff members; of the 2005 season possible; and tion and respect. Whereas the teamwork, grit, and sports- (3) directs the Secretary of the Senate to Public Service Recognition Week manship demonstrated by the University of transmit an enrolled copy of this resolution provides an opportunity to honor and Oklahoma Sooners men’s gymnastics team is to Oklahoma State University President Dr. celebrate the commitment of individ- a proud tribute to the university and the David J. Schmidly and Coach John Smith for uals who serve the needs of the Nation communities from which the team members appropriate display. as Government and municipal employ- hail: Now, therefore, be it f ees. It is also a time to call on a new Resolved, That the Senate— generation of Americans to consider (1) congratulates the University of Okla- SENATE CONCURRENT RESOLU- public service. Through job fairs, spe- homa Sooners for their sixth National Colle- TION 27—HONORING MILITARY giate Athletic Association Division I Men’s CHILDREN DURING ‘‘NATIONAL cial exhibits, and agency sponsored Gymnastics Championship; education programs, Public Service MONTH OF THE MILITARY (2) recognizes all who have contributed CHILD’’ Recognition Week provides an oppor- their hard work and support to making the tunity for individuals to gain a deeper 2005 season a historic success; and Mr. KENNEDY (for himself, Mr. understanding of the exciting and chal- (3) directs the Secretary of the Senate to FRIST, Mr. LEVIN, Mr. KERRY, Ms. MI- lenging work in the Federal Govern- transmit a copy of this resolution to Univer- KULSKI, Mr. BOND, Mr. BAYH, Mr. ment. sity of Oklahoma President David L. Boren AKAKA, Mr. REID, Mr. JOHNSON, Mrs. and Head Coach Mark Williams for appro- I encourage my colleagues to recog- MURRAY, and Mrs. DOLE) submitted the priate display. nize Federal employees in their States, following concurrent resolution; which as well as State and local government f was considered and agreed to: employees, and to let them know how SENATE RESOLUTION 110—COM- S. CON. RES. 27 much their work is appreciated. I in- MENDING OKLAHOMA STATE Whereas more than a million Americans vite my colleagues to join in the an- UNIVERSITY’S WRESTLING TEAM are demonstrating their courage and com- nual celebration. FOR WINNING THE 2005 NA- mitment to freedom by serving in the Armed f TIONAL COLLEGIATE ATHLETIC Forces of the United States; Whereas nearly 40 percent of the members SENATE RESOLUTION 109—COM- ASSOCIATION DIVISION I WRES- TLING CHAMPIONSHIP of the Armed Forces, when deployed away MENDING THE UNIVERSITY OF from their permanent duty stations, have OKLAHOMA SOONERS MEN’S Mr. INHOFE (for himself and Mr. left families with children behind; GYMNASTICS TEAM FOR WIN- COBURN) submitted the following reso- Whereas no one feels the effect of those de- NING THE NATIONAL COLLE- lution; which was considered and ployments more than the children of de- GIATE ATHLETIC ASSOCIATION agreed to: ployed service members; DIVISION I MEN’S GYMNASTICS Whereas as of March 31, 2005, approxi- S. RES. 110 mately 1,000 of these children have lost a CHAMPIONSHIP Whereas on March 19, 2005, the Oklahoma parent serving in the Armed Forces during Mr. INHOFE (for himself and Mr. State University Cowboys claimed their 33rd the preceding 5 years; COBURN) submitted the following reso- National Collegiate Athletic Association Whereas the daily struggles and personal lution; which was considered and Wrestling Championship in St. Louis, Mis- sacrifices of children of members of the agreed to: souri; Armed Forces too often go unnoticed; Whereas the 33 wrestling championships Whereas the children of members of the S. RES. 109 won by the Cowboys is more than have been Armed Forces are a source of pride and Whereas on April 8, 2005, the University of won by any other school in the history of Na- honor to all Americans and it is fitting that Oklahoma Sooners won their sixth National tional Collegiate Athletic Association Divi- the Nation recognize their contributions and Collegiate Athletic Association (NCAA) Divi- sion I wrestling; celebrate their spirit; sion I Men’s Gymnastics Championship, at Whereas the Cowboys now have won 3 con- Whereas the ‘‘National Month of the Mili- West Point, New York; secutive wrestling championships, a feat not tary Child’’, observed in April each year, rec- Whereas the 2005 NCAA Championship is accomplished since they won the national ognizes military children for their sacrifices the Sooners’ third championship in the past wrestling championship in 1954, 1955, and and contributes to demonstrating the Na- 4 years; 1956; tion’s unconditional support to members of Whereas the championship title crowned a Whereas the Cowboys’ 2005 championship the Armed Forces; remarkable season for the Sooners in which topped off an impressive season in which Whereas in addition to Department of De- the team achieved an impressive record of 21 they were undefeated in the regular season fense programs to support military families wins and only 2 losses; and also had a perfect record in the finals; and military children, a variety of programs

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and campaigns have been established in the SA 423. Mr. COCHRAN (for Mr. LEAHY) pro- tended to be proposed by her to the bill H.R. private sector to honor, support, and thank posed an amendment to the bill H.R. 1268, 1268, supra; which was ordered to lie on the military children by fostering awareness and supra. table. appreciation for the sacrifices and the chal- SA 424. Mr. COCHRAN proposed an amend- SA 445. Mr. REID proposed an amendment lenges they face; ment to the bill H.R. 1268, supra. to the bill H.R. 1268, supra. Whereas a month-long salute to military SA 425. Mr. BENNETT submitted an SA 446. Mr. CHAMBLISS submitted an children will encourage support for those or- amendment intended to be proposed by him amendment intended to be proposed by him ganizations and campaigns established to to the bill H.R. 1268, supra; which was or- to the bill H.R. 1268, supra; which was or- provide direct support for military children dered to lie on the table. dered to lie on the table. and families SA 426. Mr. SANTORUM (for himself and Resolved by the Senate (the House of Rep- Ms. MIKULSKI) submitted an amendment in- f resentatives concurring), That the Senate— tended to be proposed by him to the bill H.R. (1) joins the Secretary of Defense in hon- 1268, supra; which was ordered to lie on the TEXT OF AMENDMENTS oring the children of members of the Armed table. SA 412. Ms. LANDRIEU submitted an Forces and recognizes that they too share in SA 427. Mr. DURBIN (for himself, Mr. amendment intended to be proposed by LEVIN, Mr. KENNEDY, Mr. BYRD, Mr. LEAHY, the burden of protecting the Nation; her to the bill H.R. 1268, making emer- Mr. FEINGOLD, Mr. LAUTENBERG, and Mr. (2) urges Americans to join with the mili- gency supplemental appropriations for tary community in observing the ‘‘National BINGAMAN) proposed an amendment to the Month of the Military Child’’ with appro- bill H.R. 1268, supra. the fiscal year ending September 30, priate ceremonies and activities that honor, SA 428. Mr. FEINGOLD submitted an 2005, to establish and rapidly imple- support, and thank military children; and amendment intended to be proposed by him ment regulations for State driver’s li- (3) recognizes with great appreciation the to the bill H.R. 1268, supra; which was or- cense and identification document se- contributions made by private-sector organi- dered to lie on the table. curity standards, to prevent terrorists zations that provide resources and assistance SA 429. Mr. ISAKSON submitted an amendment intended to be proposed by him to the from abusing the asylum laws of the to military families and the communities United States, to unify terrorism-re- that support them. bill H.R. 1268, supra; which was ordered to lie on the table. lated grounds for inadmissibility and f SA 430. Mr. BYRD (for himself, Mrs. CLIN- removal, to ensure expeditious con- AMENDMENTS SUBMITTED AND TON, Mr. LAUTENBERG, Mr. KERRY, Mr. struction of the San Diego border PROPOSED WYDEN, Mr. DORGAN, Mr. HARKIN, and Mr. fence, and for other purposes; which KENNEDY) proposed an amendment to the bill was ordered to lie on the table; as fol- SA 412. Ms. LANDRIEU submitted an H.R. 1268, supra. amendment intended to be proposed by her SA 431. Ms. SNOWE submitted an amend- lows: to the bill H.R. 1268, Making emergency sup- ment intended to be proposed by her to the On page 231, between lines 3 and 4, and in- plemental appropriations for the fiscal year bill H.R. 1268, supra; which was ordered to lie sert the following: ending September 30, 2005, to establish and on the table. SENSE OF CONGRESS ON A STUDY OF THE ROLE rapidly implement regulations for State SA 432. Mr. CHAMBLISS (for himself and OF NATURAL BARRIERS driver’s license and identification document Mr. KYL) submitted an amendment intended (a) Congress makes the following findings: security standards, to prevent terrorists to be proposed by him to the bill H.R. 1268, (1) The tsunami that struck in the Indian from abusing the asylum laws of the United supra; which was ordered to lie on the table. Ocean on December 26, 2004 not only killed States, to unify terrorism-related grounds SA 433. Mr. CHAMBLISS submitted an approximately 250,000 people, it also obliter- for inadmissibility and removal, to ensure amendment intended to be proposed by him ated the natural coastal barriers in the re- expeditious construction of the San Diego to the bill H.R. 1268, supra; which was or- gion affected by the tsunami. border fence, and for other purposes; which dered to lie on the table. (2) More than 3,000 miles of coastline were was ordered to lie on the table. SA 434. Mr. CHAMBLISS submitted an affected by the tsunami, a distance that is SA 413. Ms. LANDRIEU submitted an amendment intended to be proposed by him equal to the distance of the United States amendment intended to be proposed by her to the bill H.R. 1268, supra; which was or- shoreline from Galveston, Texas to Bangor, to the bill H.R. 1268, supra; which was ordered to lie on the table. Maine. dered to lie on the table. SA 435. Mrs. FEINSTEIN submitted an SA 414. Ms. LANDRIEU submitted an amendment intended to be proposed to (3) The United Nations Environmental Pro- amendment intended to be proposed by her amendment SA 375 submitted by Mr. CRAIG gram estimates that the damage to the envi- to the bill H.R. 1268, supra; which was or- (for himself and Mr. KENNEDY) and intended ronment could total $675,000,000 in loss of dered to lie on the table. to be proposed to the bill H.R. 1268, supra; natural habitats and important ecosystem SA 415. Ms. LANDRIEU submitted an which was ordered to lie on the table. function. amendment intended to be proposed by her SA 436. Mrs. FEINSTEIN submitted an (4) Without the barriers that act as na- to the bill H.R. 1268, supra; which was or- amendment intended to be proposed by her ture’s own line of defense against flooding, dered to lie on the table. to the bill H.R. 1268, supra; which was or- storm surge, hurricanes, and even tsunamis, SA 416. Mr. FEINGOLD submitted an dered to lie on the table. human lives are at greater risk. amendment intended to be proposed by him SA 437. Mr. ROCKEFELLER submitted an (5) Restoring the reefs, barrier islands, and to the bill H.R. 1268, supra; which was or- amendment intended to be proposed by him shorelines of these areas will help in long- dered to lie on the table. to the bill H.R. 1268, supra; which was or- term disaster risk reduction. SA 417. Mr. GRASSLEY (for himself, Mr. dered to lie on the table. (6) While the Atlantic and Gulf of Mexico BAUCUS, and Mr. BINGAMAN) submitted an SA 438. Mr. COCHRAN (for Mr. SPECTER) coasts are at some risk for a tsunami, the amendment intended to be proposed by him proposed an amendment to the bill H.R. 1268, major threat each year comes from hurri- to the bill H.R. 1268, supra; which was or- supra. canes. In 2004, multiple hurricanes in rapid dered to lie on the table. SA 439. Mr. CRAIG (for himself and Mr. succession decimated the people and natural SA 418. Mr. CHAMBLISS (for himself, Mr. AKAKA) submitted an amendment intended barriers of Florida, the southeast Atlantic ISAKSON, Mr. PRYOR, Mr. INHOFE, Mr. LUGAR, to be proposed by him to the bill H.R. 1268, seaboard, and most of the Gulf south. These Mrs. DOLE, Mrs. LINCOLN, Mr. BAYH, Mr. supra; which was ordered to lie on the table. annual extremes of mother nature make REED, Mr. CHAFEE, Mr. BYRD, Mr. BURR, Mr. SA 440. Mr. BIDEN (for himself, Mr. BINGA- critical the need to reinvest in the natural LOTT, and Mr. MARTINEZ) submitted an MAN, and Mr. CARPER) submitted an amend- barriers of the United States. amendment intended to be proposed by him ment intended to be proposed by him to the (b) It is the sense of Congress that the head to the bill H.R. 1268, supra; which was or- bill H.R. 1268, supra; which was ordered to lie of the United States Geological Survey dered to lie on the table. on the table. should study the role of natural barriers in SA 419. Ms. LANDRIEU submitted an SA 441. Mr. SANTORUM submitted an the coastal areas of the United States to as- amendment intended to be proposed by her amendment intended to be proposed by him sess the vulnerabilities of such areas to ex- to the bill H.R. 1268, supra; which was or- to the bill H.R. 1268, supra; which was or- treme conditions, the possible effects such dered to lie on the table. dered to lie on the table. conditions could have on coastal popu- SA 420. Mr. BURNS submitted an amend- SA 442. Mr. REED (for himself, Ms. SNOWE, lations, and the means, mechanisms, and fea- ment intended to be proposed by him to the Mr. KENNEDY, Mr. CHAFEE, and Mr. KERRY) sibility of restoring already deteriorated bill H.R. 1268, supra; which was ordered to lie submitted an amendment intended to be pro- natural barriers along the coast lines of the on the table. posed by him to the bill H.R. 1268, supra; United States. SA 421. Mr. KENNEDY (for himself and Mr. which was ordered to lie on the table. KOHL) submitted an amendment intended to SA 443. Mr. DURBIN submitted an amend- SA 413. Ms. LANDRIEU submitted an ment intended to be proposed by him to the be proposed by him to the bill H.R. 1268, amendment intended to be proposed by supra; which was ordered to lie on the table. bill H.R. 1268, supra; which was ordered to lie SA 422. Mr. COCHRAN (for Mr. LEAHY (for on the table. her to the bill H.R. 1268, making emer- himself and Mr. OBAMA)) proposed an amend- SA 444. Mrs. BOXER (for herself and Mr. gency supplemental appropriations for ment to the bill H.R. 1268, supra. BINGAMAN) submitted an amendment in- the fiscal year ending September 30,

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3692 CONGRESSIONAL RECORD — SENATE April 14, 2005 2005, to establish and rapidly imple- the fiscal year ending September 30, (1) HEADING FOR AMENDED SECTION.—The ment regulations for State driver’s li- 2005, to establish and rapidly imple- heading for section 411h of such title is cense and identification document se- ment regulations for State driver’s li- amended to read as follows: curity standards, to prevent terrorists cense and identification document se- ‘‘§ 411h. Travel and transportation allow- from abusing the asylum laws of the curity standards, to prevent terrorists ances: transportation of family members incident to illness or injury of members’’. United States, to unify terrorism-re- from abusing the asylum laws of the lated grounds for inadmissibility and United States, to unify terrorism-re- (2) CLERICAL AMENDMENT.—The item relating to such section in the table of sections at removal, to ensure expeditious con- lated grounds for inadmissibility and the beginning of chapter 7 of such title is struction of the San Diego border removal, to ensure expeditious con- amended to read as follows: fence, and for other purposes; which struction of the San Diego border ‘‘411h. Travel and transportation allowances: was ordered to lie on the table; as fol- fence, and for other purposes; which transportation of family mem- lows: was ordered to lie on the table; as fol- bers incident to illness or in- On page 231, between lines 3 and 4, and in- lows: jury of members.’’. sert the following: On page 174, line 2, after ‘‘programs:’’ in- (c) FUNDING.—Funds for the provision of SENSE OF CONGRESS ON A COMPREHENSIVE sert ‘‘Provided further, That of the funds ap- transportation in fiscal year 2005 under sec- EVACUATION PLAN propriated under this heading, not less than tion 411h of title 37, United States Code, by (a) Congress makes the following findings: $5,000,000 should be made available to sup- reason of the amendments made by this sec- (1) In the United States, 122,000,000 people, port initiatives that focus on the immediate tion shall be derived as follows: approximately 53 percent of the population, and long-term needs of children, including (1) In the case of transportation provided live in coastal countries or parishes. the registration of unaccompanied children, by the Department of the Army, from (2) In the annual occurrence of massive and the reunification of children with their im- amounts appropriated for fiscal year 2005 by deadly hurricanes that affect coastal areas mediate or extended families, the promotion this Act and the Department of Defense Ap- in the United States, the lack of adequate of domestic and international adoption for propriations Act, 2005 (Public Law 108–287) highways, planning, and communication orphaned children, the protection of women for the Military Personnel, Army account. sends many people scrambling into grid- and children from violence and exploitation, (2) In the case of transportation provided locked traffic jams where they are vulner- and activities designed to prevent the cap- by the Department of the Navy, from able to injury and unable to evacuate to safe ture of children by armed forces and the re- amounts appropriated for fiscal year 2005 by areas in a reasonable amount of time. integration of war affected youth:’’. the Acts referred to in paragraph (1) for the (3) Federal interstate and other highways Operation and Maintenance, Navy account. may be used in an efficient and safe manner SA 416. Mr. FEINGOLD submitted an (3) In the case of transportation provided by the Department of the Air Force, from to quickly evacuate large populations to amendment intended to be proposed by safer areas in the event of natural disasters amounts appropriated for fiscal year 2005 by him to the bill H.R. 1268, making emer- the Acts referred to in paragraph (1) for the that occur and affect low-lying coastal com- gency supplemental appropriations for munities. Operation and Maintenance, Air Force ac- (b) It is the sense of Congress that the head the fiscal year ending September 30, count. of the Federal Highway Administration 2005, to establish and rapidly imple- (d) REPORT ON TRANSPORTATION IN EXCESS should develop a comprehensive plan for ment regulations for State driver’s li- OF CERTAIN LIMIT.—If in any fiscal year the evacuation of the coastal areas of the United cense and identification document se- amount of transportation provided in such fiscal year under section 411h of title 37, States during any of the variety of natural curity standards, to prevent terrorists disasters that affect coastal populations. The United States Code, by reason of the amend- from abusing the asylum laws of the ments made by this section exceeds plan should include plans for evacuation in United States, to unify terrorism-re- the event of a hurricane, flash flooding, tsu- $20,000,000, the Secretary of Defense shall nami, or other natural or man-made disaster lated grounds for inadmissibility and submit to the congressional defense commit- that require mass evacuation. removal, to ensure expeditious con- tees a report on that fact, including the total struction of the San Diego border amount of transportation provided in such SA 414. Ms. LANDRIEU submitted an fence, and for other purposes; which fiscal year under such section 411h by reason amendment intended to be proposed by was ordered to lie on the table; as fol- of the amendments made by this section. her to the bill H.R. 1268, making emer- lows: SA 417. Mr. GRASSLEY (for himself, gency supplemental appropriations for On page 169, between lines 8 and 9, insert Mr. BAUCUS, and Mr. BINGAMAN) sub- the fiscal year ending September 30, the following: mitted an amendment intended to be 2005, to establish and rapidly imple- TRAVEL AND TRANSPORTATION FOR FAMILY OF proposed by him to the bill H.R. 1268, ment regulations for State driver’s li- MEMBERS OF THE ARMED FORCES HOSPITAL- making emergency supplemental ap- cense and identification document se- IZED IN UNITED STATES IN CONNECTION WITH propriations for the fiscal year ending curity standards, to prevent terrorists NON-SERIOUS ILLNESSES OR INJURIES IN- September 30, 2005, to establish and from abusing the asylum laws of the CURRED OR AGGRAVATED IN A CONTINGENCY rapidly implement regulations for OPERATION United States, to unify terrorism-re- State driver’s license and identifica- lated grounds for inadmissibility and SEC. 1122. (a) AUTHORITY.—Subsection (a) of tion document security standards, to removal, to ensure expeditious con- section 411h of title 37, United States Code, is amended— prevent terrorists from abusing the struction of the San Diego border asylum laws of the United States, to fence, and for other purposes; which (1) in paragraph (2)— (A) by inserting ‘‘and’’ at the end of sub- unify terrorism-related grounds for in- was ordered to lie on the table; as fol- paragraph (A); and admissibility and removal, to ensure lows: (B) by striking subparagraphs (B) and (C) expeditious construction of the San On page 194, line 13, after ‘‘tsunami:’’ in- and inserting the following new subpara- Diego border fence, and for other pur- sert ‘‘Provided further, That of the funds ap- graph: poses; which was ordered to lie on the propriated under this heading, not less than ‘‘(B) either— table; as follows: $25,000,000 should be made available to sup- ‘‘(i) is seriously ill, seriously injured, or in port initiatives that focus on the immediate a situation of imminent death (whether or On page 200, between lines 13 and 14, insert and long-term needs of children, including not electrical brain activity still exists or the following: the registration of unaccompanied children, brain death is declared), and is hospitalized OFFICE OF THE UNITED STATES TRADE the reunification of children with their im- in a medical facility in or outside the United REPRESENTATIVE mediate or extended families, the facilita- States; or For an additional amount for necessary ex- tion and promotion of domestic and inter- ‘‘(ii) is not described in clause (i), but has penses of the Office of the United States national adoption for orphaned children, the an illness or injury incurred or aggravated in Trade Representative, $2,000,000, to remain protection of women and children from vio- a contingency operation and is hospitalized available until expended: Provided, That the lence and exploitation, and activities de- in a medical facility in the United States for entire amount is designated as an emergency signed to prevent the capture of children by treatment of that condition.’’; and requirement pursuant to section 402 of the armed forces and promote the integration of (2) by adding at the end the following new conference report to accompany S. Con. Res. war affected youth:’’. paragraph: 95 (108th Congress). ‘‘(3) Not more than one roundtrip may be SA 415. Ms. LANDRIEU submitted an provided to a family member under para- SA 418. Mr. CHAMBLISS (for himself, amendment intended to be proposed by graph (1) on the basis of clause (ii) of para- Mr. ISAKSON, Mr. PRYOR, Mr. INHOFE, her to the bill H.R. 1268, making emer- graph (2)(B).’’. Mr. LUGAR, Mrs. DOLE, Mrs. LINCOLN, gency supplemental appropriations for (b) CONFORMING AMENDMENTS.— Mr. BAYH, Mr. REED, Mr. CHAFEE, Mr.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3693 BYRD, Mr. BURR, Mr. LOTT, and Mr. mission of HIV/AIDS to parents and their trust fund, to be established within the MARTINEZ) submitted an amendment children, and connect orphaned children with Treasury. intended to be proposed by him to the permanent families through adoption; and (B) Amounts deposited in the Fund under subparagraph (A)— bill H.R. 1268, making emergency sup- (3) humanitarian assistance programs funded with amounts appropriated in this (i) shall be used by the Secretary, in co- plemental appropriations for the fiscal Act should be required to promote the per- ordination with the Administrator, for the year ending September 30, 2005, to es- manent placement of orphaned children, costs of surveys, plans, expert assistance, tablish and rapidly implement regula- rather than long-term foster care or institu- and acquisition relating to the development tions for State driver’s license and tionalization, as the best means of caring for of additional areas within the National Cap- identification document security such children. ital Region for chancery and diplomatic pur- standards, to prevent terrorists from poses; abusing the asylum laws of the United SA 420. Mr. BURNS submitted an (ii) may be used to pay the administrative expenses of the Secretary and the Adminis- States, to unify terrorism-related amendment intended to be proposed by him to the bill H.R. 1268, making emer- trator in carrying out this section; grounds for inadmissibility and re- (iii) may be invested in public debt obliga- moval, to ensure expeditious construc- gency supplemental appropriations for tions; and tion of the San Diego border fence, and the fiscal year ending September 30, (iv) shall remain available until expended. for other purposes; which was ordered 2005, to establish and rapidly imple- (d) The conveyance of the Federal land and to lie on the table; as follows: ment regulations for State driver’s li- Parks land under subsection (b) shall be sub- cense and identification document se- ject to the terms and conditions described in On page 169, between lines 8 and 9, insert this section and any other terms and condi- the following: curity standards, to prevent terrorists from abusing the asylum laws of the tions agreed to by the Secretary and the suc- PROHIBITION ON TERMINATION OF EXISTING cessor entity, which shall be included in the JOINT-SERVICE MULTIYEAR PROCUREMENT United States, to unify terrorism-re- quitclaim deed referred to in subsection (b). CONTRACT FOR C/KC–130J AIRCRAFT lated grounds for inadmissibility and (e)(1) The conveyance of the Federal land SEC. 1122. No funds appropriated or other- removal, to ensure expeditious con- and Parks land under subsection (b) shall be wise made available by this Act, or any struction of the San Diego border subject to restrictions on the use, develop- other Act, may be obligated or expended to fence, and for other purposes; which ment, or occupancy of the Federal land and terminate the joint service multiyear pro- was ordered to lie on the table; as fol- Parks land (including restrictions on leasing and subleasing) that provide that the Sec- curement contract for C/KC–130J aircraft lows: that is in effect on the date of the enactment retary may prohibit any use, development, On page 231, between lines 3 and 4, insert of this Act. occupancy, lease, or sublease that the Sec- the following: retary determines could— SA 419. Ms. LANDRIEU submitted an SEC. 6047.(a) In this section: (A) impair the safety or security of the (1) The term ‘‘Administrator’’ means the amendment intended to be proposed by International Center; Administrator of General Services. (B) impair the continued operation of the her to the bill H.R. 1268, making emer- (2) The term ‘‘Federal land’’ means the ap- International Center; and gency supplemental appropriations for proximately 508,582.70 square feet of land on (C) be contrary to the character of com- the fiscal year ending September 30, the easternmost lot depicted on the plat en- mercially acceptable occupants or uses in 2005, to establish and rapidly imple- titled ‘‘Plat of Computation on a Tract of the surrounding area. ment regulations for State driver’s li- Land ‘Taxed as Square 2055’’’, recorded in the (2) A determination under paragraph (1) cense and identification document se- Office of the Surveyor of the District of Co- that is based on safety or security consider- curity standards, to prevent terrorists lumbia on page 81 of Survey Book 199, which ations shall— is also taxed as part of Lot 800 in Square (A) only be made by the Secretary; and from abusing the asylum laws of the 2055. (B) be final and conclusive as a matter of United States, to unify terrorism-re- (3) The term ‘‘Fund’’ means the State De- law. lated grounds for inadmissibility and partment trust fund established under sub- (3) A determination under paragraph (1) removal, to ensure expeditious con- section (c)(4)(A). that is based on damage to the continued op- struction of the San Diego border (4) The term ‘‘lease’’ means the lease be- eration of the International Center or incom- fence, and for other purposes; which tween the United States and the Inter- patibility with the character of commer- national Telecommunications Satellite Or- cially acceptable occupants or uses in the was ordered to lie on the table; as fol- surrounding area shall be subject to judicial lows: ganization, dated June 8, 1982. (5) The term ‘‘Parks land’’ means the par- review. On page 231, between lines 3 and 4, and in- cels of land designated in the lease as Park (4) If the successor entity fails to submit sert the following: I and Park II. any use, development, or occupancy of the SENSE OF CONGRESS ON ORPHANS (6) The term ‘‘Secretary’’ means the Sec- Federal land or Parks land to the Secretary for prior approval or violates any restriction (a) Congress makes the following findings: retary of State. imposed by the Secretary, the Secretary (1) It is estimated that, by the end of 2003, (7) The term ‘‘successor entity’’ means the may— there were 143,000,000 orphans under the age successor entity of the International Tele- (A) bring a civil action in any appropriate of 18 years in 93 countries in sub-Sahara Af- communications Satellite Organization or district court of the United States to enjoin rica, Asia, Latin American, and the Carib- an assignee of the successor entity. the use, development, or occupancy; and bean. (b) Notwithstanding Public Law 90–553 (82 (B) obtain any appropriate legal or equi- (2) Millions of children have been orphaned Stat. 958), on request of the successor entity, table remedies to require full and immediate or made vulnerable by HIV/AIDS. The region the Secretary, in coordination with the Ad- ministrator, shall convey to the successor compliance with the covenant. most affected by HIV/AIDS is sub-Sahara Af- (5) Any transfer (including a sale, lease, or entity, by quitclaim deed, all right, title, rica, where an estimated 12,300,000 millions sublease) of any interest in the Federal land and interest of the United States in and to— orphans of HIV/AIDS live. or Parks land in violation of the restrictions (3) To survive and thrive, children need to (1) the Federal land; and included in the quitclaim deed or otherwise be raised in a family that is prepared to pro- (2) the Parks land. imposed by the Secretary shall be null and vide for their physical and emotional well (c)(1) The amount of consideration for the void. being. conveyance of Federal land under subsection (f) On conveyance to the successor entity, (4) The institutionalization of a child, espe- (b)(1) shall be determined in accordance with the Federal land and Parks land shall not be cially during the first few years of life, has Article 10–1 of the lease. subject to Public Law 90–553 (82 Stat. 958) or been proven to inhibit the physical and emo- (2) The amount of consideration for the the lease. tional development of the child. conveyance of the Parks land under sub- (g) The authority of the Secretary under (5) Large numbers of orphans present dire section (b)(2) shall be— this section shall not be subject to— challenges to the economic and social struc- (A) determined in accordance with the (1) sections 521 through 529 and sections 541 tures of affected countries, and such coun- terms of the lease; or through 559 of title 40, United States Code; tries that ignore such challenges at their (B) in an amount agreed to by the Sec- (2) any other provision of Federal law that peril. retary and the successor entity. is inconsistent with this section; or (b) It is the sense of Congress that— (3) On the conveyance of the Federal land (3) any other provision of Federal law re- (1) the United States Agency for Inter- and the Parks land under subsection (b), the lating to environmental protection or his- national Development should develop and successor entity shall pay to the United toric preservation. fund a comprehensive, long-term agenda for States the full amount of consideration (as (h) The Federal land and Parks land shall reducing the number of orphans; determined under paragraph (1) or (2)). not be considered to be unutilized or under- (2) the strategy under paragraph (1) should (4)(A) Amounts received by the United utilized for purposes of section 501 of the include policies and programs designed to States as consideration under paragraph (3) McKinney-Vento Homeless Assistance Act prevent abandonment, reduce the trans- shall be deposited in a State Department (42 U.S.C. 11411).

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3694 CONGRESSIONAL RECORD — SENATE April 14, 2005 SA 421. Mr. KENNEDY (for himself SEC. . The amounts set forth in the eighth the causes of freedom and friendship with and Mr. KOHL) submitted an amend- proviso in the Diplomatic and Consular Pro- the United States, exemplified by the brave ment intended to be proposed by him grams appropriation in the FY 2005 Depart- actions of Polish patriots such as Casimir to the bill H.R. 1268, making emer- ment of Commerce, Justice, State, the Judi- Pulaski and Tadeusz Kosciuszko during the ciary, and Related Agencies Appropriations American Revolution. gency supplemental appropriations for Act (P.L. 108–447, Div. B) may be subject to (2) Polish history provides pioneering ex- the fiscal year ending September 30, reprogramming pursuant to section 605 of amples of constitutional democracy and reli- 2005, to establish and rapidly imple- that Act. gious tolerance. ment regulations for State driver’s li- (3) The United States is home to nearly cense and identification document se- SA 424. Mr. COCHRAN proposed an 9,000,000 people of Polish ancestry. curity standards, to prevent terrorists amendment to the bill H.R. 1268, mak- (4) Polish immigrants have contributed from abusing the asylum laws of the ing emergency supplemental appropria- greatly to the success of industry and agri- United States, to unify terrorism-re- culture in the United States. tions for the fiscal year ending Sep- (5) Since the demise of communism, Po- lated grounds for inadmissibility and tember 30, 2005, to establish and rapidly land has become a stable, democratic nation. removal, to ensure expeditious con- implement regulations for State driv- (6) Poland has adopted economic policies struction of the San Diego border er’s license and identification docu- that promote free markets and rapid eco- fence, and for other purposes; which ment security standards, to prevent nomic growth. was ordered to lie on the table; as fol- terrorists from abusing the asylum (7) On March 12, 1999, Poland demonstrated lows: laws of the United States, to unify ter- its commitment to global security by becom- On page 169, between lines 8 and 9, insert rorism-related grounds for inadmis- ing a member of the North Atlantic Treaty the following: Organization. sibility and removal, to ensure expedi- (8) On May 1, 2004, Poland became a mem- PERMANENT MAGNET MOTOR FOR NEXT tious construction of the San Diego ber state of the European Union. GENERATION DESTROYER PROGRAM border fence, and for other purposes; as (9) Poland was a staunch ally to the United SEC. 1122. (a) ADDITIONAL AMOUNT FOR RE- follows: States during Operation Iraqi Freedom. SEARCH, DEVELOPMENT, TEST, AND EVALUA- On page 219 of the bill, line 16, strike ‘‘or’’ (10) Poland has committed 2,300 soldiers to TION, NAVY.—The amount appropriated by and insert ‘‘and’’; help with ongoing peacekeeping efforts in this chapter under the heading ‘‘RESEARCH, On page 219 of the bill, line 17, after ‘‘and’’ Iraq. DEVELOPMENT, TEST, AND EVALUATION, insert ‘‘seismic-related’’. (11) The Secretary of Homeland Security NAVY’’ is hereby increased by $15,000,000, and Secretary of State administer the visa with the amount of such increase designated SA 425. Mr. BENNETT submitted an waiver program, which allows citizens from as an emergency requirement pursuant to 27 countries, including France and Germany, section 402 of the conference report to ac- amendment intended to be proposed by to visit the United States as tourists without company S. Con. Res. 95 (108th Congress). him to the bill H.R. 1268, making emer- visas. (b) AVAILABILITY OF FUNDS.—Of the gency supplemental appropriations for (12) On April 15, 1991, Poland unilaterally amount appropriated or otherwise made the fiscal year ending September 30, repealed the visa requirement for United available by this Act under the heading ‘‘RE- 2005, to establish and rapidly imple- States citizens traveling to Poland for 90 SEARCH, DEVELOPMENT, TEST, AND EVALUA- days or less. TION, NAVY’’, as increased by subsection (a), ment regulations for State driver’s license and identification document se- (13) More than 100,000 Polish citizens visit $15,000,000 shall be available for continued the United States each year. development and testing of the Permanent curity standards, to prevent terrorists (b) Effective on the date of the enactment Magnet Motor for the next generation de- from abusing the asylum laws of the of this Act, and notwithstanding section stroyer (DD(X)) program. United States, to unify terrorism-re- 217(c) of the Immigration and Nationality lated grounds for inadmissibility and Act (8 U.S.C. 1187(c)), Poland shall be deemed SA 422. Mr. COCHRAN (for Mr. LEAHY removal, to ensure expeditious con- a designated program country for purposes of (for himself and Mr. OBAMA)) proposed struction of the San Diego border the visa waiver program established under an amendment to the bill H.R. 1268, fence, and for other purposes; which section 217 of such Act. making emergency supplemental appropriations for the fiscal year ending was ordered to lie on the table; as fol- SA 427. Mr. DURBIN (for himself, Mr. September 30, 2005, to establish and lows: LEVIN, Mr. KENNEDY, Mr. BYRD, Mr. rapidly implement regulations for On page 194, line 13, after ‘‘tsunami:’’ in- LEAHY, Mr. FEINGOLD, Mr. LAUTEN- State driver’s license and identifica- sert ‘‘Provided further, That of the funds ap- BERG, and Mr. BINGAMAN) proposed an propriated under this heading, not less that tion document security standards, to amendment to the bill H.R. 1268, mak- $20,000,000 shall be made available for micro- ing emergency supplemental appropria- prevent terrorist from abusing the asy- credit programs in countries affected by the lum laws of the United States, to unify tions for the fiscal year ending Sep- tsunami, to be administered by the United tember 30, 2005, to establish and rapidly terrorism-related grounds for inadmis- States Agency for International Develop- sibility and removal, to ensure expedi- ment:’’. implement regulations for State driv- tious construction of the San Diego er’s license and identification docu- border fence, and for other purposes; as SA 426. Mr. SANTORUM (for himself ment security standards, to prevent follows: and Ms. MIKULSKI) submitted an terrorists from abusing the asylum laws of the United States, to unify ter- On page 194, line 14, delete ‘‘should’’ and amendment intended to be proposed by insert in lieu thereof ‘‘shall’’. him to the bill H.R. 1268, making emer- rorism-related grounds for inadmis- On page 194, line 16, delete ‘‘Avian flu’’ and gency supplemental appropriations for sibility and removal, to ensure expedi- insert in lieu thereof ‘‘avian influenza virus, the fiscal year ending September 30, tious construction of the San Diego to be administered by the United States 2005, to establish and rapidly imple- border fence, and for other purposes; Agency for International Development’’. ment regulations for State driver’s li- which was ordered to lie on the table; as follows: SA 423. Mr. COCHRAN (for Mr. cense and identification document security standards, to prevent terrorists On page 169, between lines 8 and 9, insert LEAHY) proposed an amendment to the the following: bill H.R. 1268, making emergency sup- from abusing the asylum laws of the REPORTS ON IRAQI SECURITY FORCES plemental appropriations for the fiscal United States, to unify terrorism-related grounds for inadmissibility and SEC. 1122. Not later than 60 days after the year ending September 30, 2005, to es- date of enactment of this Act, and every 90 tablish and rapidly implement regula- removal, to ensure expeditious con- days thereafter, the President shall submit tions for State driver’s license and struction of the San Diego border an unclassified report to Congress, which identification document security fence, and for other purposes; which may include a classified annex, that includes standards, to prevent terrorists from was ordered to lie on the table; as fol- a description of the following: abusing the asylum laws of the United lows: (1) The extent to which funding appropriated by this Act will be used to train and States, to unify terrorism-related On page 231, between lines 3 and 4, insert equip capable and effectively led Iraqi secu- grounds for inadmissibility and re- the following: rity services and promote stability and secu- moval, to ensure expeditious construc- VISA WAIVER COUNTRY rity in Iraq. tion of the San Diego border fence, and SEC. 6047. (a) Congress makes the following (2) The estimated strength of the Iraqi infor other purposes; as follows: findings: surgency and the extent to which it is com- On page 183, after line 23, insert the fol- (1) Since the founding of the United States, posed of non-Iraqi fighters, and any changes lowing new general provision: Poland has proven its steadfast dedication to over the previous 90-day period.

VerDate Aug 31 2005 06:02 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S14AP5.REC S14AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 14, 2005 CONGRESSIONAL RECORD — SENATE S3695 (3) A description of all militias operating number of such mentors and advisers, and a (c) There is appropriated $50,000,000 to in Iraq, including their number, size, description of their activities. carry out section 3001 of the Emergency Sup- strength, military effectiveness, leadership, (13) A list of countries of the North Atlan- plemental Appropriations Act for Defense sources of external support, sources of inter- tic Treaty Organisation (‘‘NATO’’) partici- and for the Reconstruction of Iraq and Af- nal support, estimated types and numbers of pating in the NATO mission for training of ghanistan, 2004 (Public Law 108–106; 117 Stat. equipment and armaments in their posses- Iraqi security forces and the number of 1234). Such amount shall be in addition to sion, legal status, and the status of efforts to troops from each country dedicated to the any other amount available for such purpose disarm, demobilize, and reintegrate each mi- mission. and available until the date of the termi- litia. (14) A list of countries participating in nation of the Office of the Special Inspector (4) The extent to which recruiting, train- training Iraqi security forces outside the General for Iraq Reconstruction. ing, and equipping goals and standards for NATO training mission and the number of Iraqi security forces are being met, including troops from each country dedicated to the SA 429. Mr. ISAKSON submitted an the number of Iraqis recruited and trained mission. amendment intended to be proposed by for the army, air force, navy, and other Min- (15) For any country, which made an offer him to the bill H.R. 1268, making emer- istry of Defense forces, police, and highway to provide forces for training that has not gency supplemental appropriations for patrol of Iraq, and all other Ministry of Inte- been accepted, an explanation of the reasons the fiscal year ending September 30, rior forces, and the extent to which personal why the offer was not accepted. 2005, to establish and rapidly imple- and unit equipment requirements have been (16) A list of foreign countries that have ment regulations for State driver’s li- met. withdrawn troops from the Multinational Se- cense and identification document se- (5) A description of the criteria for assess- curity Coalition in Iraq during the previous 90 days and the number of troops withdrawn. curity standards, to prevent terrorists ing the capabilities and readiness of Iraqi se- from abusing the asylum laws of the curity forces. (17) A list of foreign countries that have (6) An evaluation of the operational readi- added troops to the Coalition in Iraq during United States, to unify terrorism-re- ness status of Iraqi military forces and spe- the previous 90 days and the number of lated grounds for inadmissibility and cial police, including the type, number, size, troops added. removal, to ensure expeditious con- unit designation and organizational struc- (18) For offers to provide forces for training struction of the San Diego border ture of Iraqi battalions that are— that have been accepted by the Iraqi govern- fence, and for other purposes; which (A) capable of conducting counterinsur- ment, a report on the status of such training was ordered to lie on the table; as fol- efforts, including the number of troops in- gency operations independently; lows: (B) capable of conducting counterinsur- volved by country and the number of Iraqi On page 231, after line 6, insert the fol- gency operations with United States or Coa- security forces trained. lowing: lition mentors and enablers; or (19) An assessment of the progress of the (C) not ready to conduct counterinsur- National Assembly of Iraq in drafting and TITLE VII—REAL ID ACT OF 2005 gency operations. ratifying the permanent constitution of Iraq, SEC. 701. SHORT TITLE. (7) The extent to which funding appro- and the performance of the new Iraqi Gov- This title may be cited as the ‘‘REAL ID priated by this Act will be used to train ca- ernment in its protection of the rights of mi- Act of 2005’’. pable, well-equipped, and effectively led Iraqi norities and individual human rights, and its Subtitle A—Amendments to Federal Laws to police forces, and an evaluation of Iraqi po- adherence to common democratic practices. Protect Against Terrorist Entry lice forces, including— (20) The estimated number of United SEC. 711. PREVENTING TERRORISTS FROM OB- (A) the number of police recruits that have States military forces who will be needed in TAINING RELIEF FROM REMOVAL. received classroom instruction and the dura- Iraq 6, 12, and 18 months from the date of the (a) CONDITIONS FOR GRANTING ASYLUM.— tion of such instruction; report. Section 208(b)(1) of the Immigration and Na- (B) the number of veteran police officers tionality Act (8 U.S.C. 1158(b)(1)) is amend- who have received classroom instruction and SA 428. Mr. FEINGOLD submitted an ed— the duration of such instruction; amendment intended to be proposed by (1) by striking ‘‘The Attorney General’’ the (C) the number of Iraqi police forces who him to the bill H.R. 1268, Making emer- first place such term appears and inserting have received field training by international gency supplemental appropriations for the following: police trainers and the duration of such in- the fiscal year ending September 30, ‘‘(A) ELIGIBILITY.—The Secretary of Home- struction; 2005, to establish and rapidly imple- land Security or the Attorney General’’; (D) a description of the field training pro- ment regulations for State driver’s li- (2) by striking ‘‘the Attorney General’’ the gram, including the number, the planned cense and identification document se- second and third places such term appears number, and nationality of international curity standards, to prevent terrorists and inserting ‘‘the Secretary of Homeland field trainers; Security or the Attorney General’’; and (E) the number of police present for duty; from abusing the asylum laws of the (3) by adding at the end the following: (F) data related to attrition rates; and United States, to unify terrorism-re- ‘‘(B) BURDEN OF PROOF.— (G) a description of the training that Iraqi lated grounds for inadmissibility and ‘‘(i) IN GENERAL.—The burden of proof is on police have received regarding human rights removal, to ensure expeditious con- the applicant to establish that the applicant and the rule of law. struction of the San Diego border is a refugee, within the meaning of section (8) The estimated total number of Iraqi fence, and for other purposes; which 101(a)(42)(A). To establish that the applicant battalions needed for the Iraqi security was ordered to lie on the table; as fol- is a refugee within the meaning of such sec- forces to perform duties now being under- lows: tion, the applicant must establish that race, taken by the Coalition Forces, including de- religion, nationality, membership in a par- fending Iraq’s borders, defeating the insur- On page 169, between lines 8 and 9, insert ticular social group, or political opinion was gency, and providing law and order. the following: or will be a central reason for persecuting (9) The extent to which funding appro- OFFICE OF THE SPECIAL INSPECTOR GENERAL the applicant. priated by this Act will be used to train Iraqi FOR IRAQ RECONSTRUCTION ‘‘(ii) SUSTAINING BURDEN.—The testimony security forces in counterinsurgency oper- (INCLUDING RESCISSIONS OF FUNDS) of the applicant may be sufficient to sustain ations and the estimated total number of SEC. 1122. (a) Subsection (o) of section 3001 the applicant’s burden without corrobora- Iraqi security force personnel expected to be of the Emergency Supplemental Appropria- tion, but only if the applicant satisfies the trained, equipped, and capable of partici- tions Act for Defense and for the Reconstruc- trier of fact that the applicant’s testimony is pating in counterinsurgency operations by tion of Iraq and Afghanistan, 2004 (Public credible, is persuasive, and refers to specific the end of 2005 and of 2006. Law 108–106; 117 Stat. 1234; 5 U.S.C. App. 3 facts sufficient to demonstrate that the ap- (10) The estimated total number of ade- section 8G note), as amended by section plicant is a refugee. In determining whether quately trained, equipped, and led Iraqi bat- 1203(j) of the Ronald W. Reagan National De- the applicant has met the applicant’s bur- talions expected to be capable of conducting fense Authorization Act for Fiscal Year 2005 den, the trier of fact may weigh the credible counterinsurgency operations independently (Public Law 108–375; 118 Stat. 2081) is amend- testimony along with other evidence of and the estimated total number expected to ed by striking ‘‘obligated’’ and inserting ‘‘ex- record. Where the trier of fact determines, in be capable of conducting counterinsurgency pended’’. the trier of fact’s discretion, that the appli- operations with United States or Coalition (b) Of the amount appropriated in chapter cant should provide evidence which corrobo- mentors and enablers by the end of 2005 and 2 of title II of the Emergency Supplemental rates otherwise credible testimony, such evi- of 2006. Appropriations Act for Defense and for the dence must be provided unless the applicant (11) An assessment of the effectiveness of Reconstruction of Iraq and Afghanistan, 2004 does not have the evidence and cannot rea- the chain of command of the Iraqi military. (Public Law 108–106; 117 Stat. 1224) under the sonably obtain the evidence without depart- (12) The number and nationality of Coali- heading ‘‘OTHER BILATERAL ECONOMIC ing the United States. The inability to ob- tion mentors and advisers working with ASSISTANCE’’ and under the subheading tain corroborating evidence does not excuse Iraqi security forces as of the date of the re- ‘‘IRAQ RELIEF AND RECONSTRUCTION FUND’’, the applicant from meeting the applicant’s port, plans for decreasing or increasing the $50,000,000 is hereby rescinded. burden of proof.

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‘‘(iii) CREDIBILITY DETERMINATION.—The candor, or responsiveness of the applicant or (5) The amendments made by subsection (f) trier of fact should consider all relevant fac- witness, the inherent plausibility of the ap- shall take effect on the date of the enact- tors and may, in the trier of fact’s discre- plicant’s or witness’s account, the consist- ment of this title. tion, base the trier of fact’s credibility deter- ency between the applicant’s or witness’s (h) REPEAL.—Section 5403 of the Intel- mination on any such factor, including the written and oral statements (whenever made ligence Reform and Terrorism Prevention demeanor, candor, or responsiveness of the and whether or not made under oath), the in- Act of 2004 (Public Law 108–458) is repealed. applicant or witness, the inherent plausi- ternal consistency of each such statement, SEC. 712. WAIVER OF LAWS NECESSARY FOR IM- bility of the applicant’s or witness’s account, the consistency of such statements with PROVEMENT OF BARRIERS AT BOR- the consistency between the applicant’s or other evidence of record (including the re- DERS. witness’s written and oral statements (when- ports of the Department of State on country Section 102(c) of the Illegal Immigration ever made and whether or not made under conditions), and any inaccuracies or false- Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as oath), the internal consistency of each such hoods in such statements, without regard to follows: statement, the consistency of such state- whether an inconsistency, inaccuracy, or ‘‘(c) WAIVER.— ments with other evidence of record (includ- falsehood goes to the heart of the applicant’s ‘‘(1) IN GENERAL.—Notwithstanding any ing the reports of the Department of State claim. There is no presumption of credi- on country conditions), and any inaccuracies other provision of law, the Secretary of bility.’’. Homeland Security shall have the authority or falsehoods in such statements, without re- (d) STANDARD OF REVIEW FOR ORDERS OF to waive, and shall waive, all laws such Sec- gard to whether an inconsistency, inaccu- REMOVAL.—Section 242(b)(4) of the Immigra- retary, in such Secretary’s sole discretion, racy, or falsehood goes to the heart of the tion and Nationality Act (8 U.S.C. 1252(b)(4)) determines necessary to ensure expeditious applicant’s claim. There is no presumption of is amended by adding at the end, after sub- construction of the barriers and roads under credibility.’’. paragraph (D), the following: ‘‘No court shall this section. (b) WITHHOLDING OF REMOVAL.—Section reverse a determination made by a trier of O JUDICIAL REVIEW.—Notwithstanding 241(b)(3) of the Immigration and Nationality fact with respect to the availability of cor- ‘‘(2) N Act (8 U.S.C. 1231(b)(3)) is amended by adding roborating evidence, as described in section any other provision of law (statutory or non- at the end the following: 208(b)(1)(B), 240(c)(4)(B), or 241(b)(3)(C), unless statutory), no court, administrative agency, ‘‘(C) SUSTAINING BURDEN OF PROOF; CREDI- the court finds that a reasonable trier of fact or other entity shall have jurisdiction— BILITY DETERMINATIONS.—In determining is compelled to conclude that such corrobo- ‘‘(A) to hear any cause or claim arising whether an alien has demonstrated that the rating evidence is unavailable.’’. from any action undertaken, or any decision alien’s life or freedom would be threatened (e) CLARIFICATION OF DISCRETION.—Section made, by the Secretary of Homeland Secu- for a reason described in subparagraph (A), 242(a)(2)(B) of the Immigration and Nation- rity pursuant to paragraph (1); or the trier of fact shall determine whether the ality Act (8 U.S.C. 1252(a)(2)(B)) is amended— ‘‘(B) to order compensatory, declaratory, alien has sustained the alien’s burden of (1) by inserting ‘‘or the Secretary of Home- injunctive, equitable, or any other relief for proof, and shall make credibility determina- land Security’’ after ‘‘Attorney General’’ damage alleged to arise from any such action tions, in the manner described in clauses (ii) each place such term appears; and or decision.’’. and (iii) of section 208(b)(1)(B).’’. (2) in the matter preceding clause (i), by SEC. 713. INADMISSIBILITY DUE TO TERRORIST (c) OTHER REQUESTS FOR RELIEF FROM RE- inserting ‘‘and regardless of whether the AND TERRORIST-RELATED ACTIVI- TIES. MOVAL.—Section 240(c) of the Immigration judgment, decision, or action is made in re- (a) IN GENERAL.—So much of section and Nationality Act (8 U.S.C. 1230(c)) is moval proceedings,’’ after ‘‘other provision amended— 212(a)(3)(B)(i) of the Immigration and Na- of law,’’. tionality Act (8 U.S.C. 1182(a)(3)(B)(i)) as pre- (1) by redesignating paragraphs (4), (5), and (f) REMOVAL OF CAPS.—Section 209 of the cedes the final sentence is amended to read (6) as paragraphs (5), (6), and (7), respec- Immigration and Nationality Act (8 U.S.C. as follows: tively; and 1159) is amended— ‘‘(i) IN GENERAL.—Any alien who— (2) by inserting after paragraph (3) the fol- (1) in subsection (a)(1)— ‘‘(I) has engaged in a terrorist activity; lowing: (A) by striking ‘‘Service’’ and inserting ‘‘(II) a consular officer, the Attorney Gen- ‘‘(4) APPLICATIONS FOR RELIEF FROM RE- ‘‘Department of Homeland Security’’; and eral, or the Secretary of Homeland Security MOVAL.— (B) by striking ‘‘Attorney General’’ each knows, or has reasonable ground to believe, ‘‘(A) IN GENERAL.—An alien applying for replace such term appears and inserting ‘‘Sec- is engaged in or is likely to engage after lief or protection from removal has the bur- retary of Homeland Security or the Attorney entry in any terrorist activity (as defined in den of proof to establish that the alien— General’’; clause (iv)); ‘‘(i) satisfies the applicable eligibility re- (2) in subsection (b)— ‘‘(III) has, under circumstances indicating quirements; and (A) by striking ‘‘Not more’’ and all that an intention to cause death or serious bodily ‘‘(ii) with respect to any form of relief that follows through ‘‘asylum who—’’ and insert- harm, incited terrorist activity; is granted in the exercise of discretion, that ing ‘‘The Secretary of Homeland Security or ‘‘(IV) is a representative (as defined in the alien merits a favorable exercise of dis- the Attorney General, in the Secretary’s or clause (v)) of— cretion. the Attorney General’s discretion and under ‘‘(aa) a terrorist organization (as defined in ‘‘(B) SUSTAINING BURDEN.—The applicant such regulations as the Secretary or the At- clause (vi)); or must comply with the applicable require- torney General may prescribe, may adjust to ‘‘(bb) a political, social, or other group ments to submit information or documenta- the status of an alien lawfully admitted for that endorses or espouses terrorist activity; tion in support of the applicant’s application permanent residence the status of any alien ‘‘(V) is a member of a terrorist organiza- for relief or protection as provided by law or granted asylum who—’’; and tion described in subclause (I) or (II) of by regulation or in the instructions for the (B) in the matter following paragraph (5), clause (vi); application form. In evaluating the testi- by striking ‘‘Attorney General’’ and insert- ‘‘(VI) is a member of a terrorist organiza- mony of the applicant or other witness in ing ‘‘Secretary of Homeland Security or the tion described in clause (vi)(III), unless the support of the application, the immigration Attorney General’’; and alien can demonstrate by clear and con- judge will determine whether or not the tes- (3) in subsection (c), by striking ‘‘Attorney vincing evidence that the alien did not know, timony is credible, is persuasive, and refers General’’ and inserting ‘‘Secretary of Home- and should not reasonably have known, that to specific facts sufficient to demonstrate land Security or the Attorney General’’. the organization was a terrorist organiza- that the applicant has satisfied the appli- (g) EFFECTIVE DATES.— tion; cant’s burden of proof. In determining (1) The amendments made by paragraphs ‘‘(VII) endorses or espouses terrorist activ- whether the applicant has met such burden, (1) and (2) of subsection (a) shall take effect ity or persuades others to endorse or espouse the immigration judge shall weigh the cred- as if enacted on March 1, 2003. terrorist activity or support a terrorist orga- ible testimony along with other evidence of (2) The amendments made by subsections nization; record. Where the immigration judge deter- (a)(3), (b), and (c) shall take effect on the ‘‘(VIII) has received military-type training mines in the judge’s discretion that the ap- date of the enactment of this title and shall (as defined in section 2339D(c)(1) of title 18, plicant should provide evidence which cor- apply to applications for asylum, with- United States Code) from or on behalf of any roborates otherwise credible testimony, such holding, or other removal made on or after organization that, at the time the training evidence must be provided unless the appli- such date. was received, was a terrorist organization (as cant demonstrates that the applicant does (3) The amendment made by subsection (d) defined in clause (vi)); or not have the evidence and cannot reasonably shall take effect on the date of the enact- ‘‘(IX) is the spouse or child of an alien who obtain the evidence without departing from ment of this title and shall apply to all cases is inadmissible under this subparagraph, if the United States. The inability to obtain in which the final administrative removal the activity causing the alien to be found in- corroborating evidence does not excuse the order is or was issued before, on, or after admissible occurred within the last 5 years, applicant from meeting the burden of proof. such date. is inadmissible.’’. ‘‘(C) CREDIBILITY DETERMINATION.—The im- (4) The amendments made by subsection (b) ENGAGE IN TERRORIST ACTIVITY DE- migration judge should consider all relevant (e) shall take effect on the date of the enact- FINED.—Section 212(a)(3)(B)(iv) of the Immi- factors and may, in the judge’s discretion, ment of this title and shall apply to all cases gration and Nationality Act (8 U.S.C. base the judge’s credibility determination on pending before any court on or after such 1182(a)(3)(B)(iv)) is amended to read as fol- any such factor, including the demeanor, date. lows:

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‘‘(iv) ENGAGE IN TERRORIST ACTIVITY DE- ‘‘(III) that is a group of two or more indi- court of appeals in accordance with this sec- FINED.—As used in this Act, the term ‘engage viduals, whether organized or not, which en- tion shall be the sole and exclusive means for in terrorist activity’ means, in an individual gages in, or has a subgroup which engages in, judicial review of any cause or claim under capacity or as a member of an organization— the activities described in subclauses (I) the United Nations Convention Against Tor- ‘‘(I) to commit or to incite to commit, through (VI) of clause (iv).’’. ture and Other Forms of Cruel, Inhuman, or under circumstances indicating an intention (d) EFFECTIVE DATE.—The amendments Degrading Treatment or Punishment, except to cause death or serious bodily injury, a ter- made by this section shall take effect on the as provided in subsection (e). rorist activity; date of the enactment of this title, and these ‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Not- ‘‘(II) to prepare or plan a terrorist activity; amendments, and section 212(a)(3)(B) of the withstanding any other provision of law ‘‘(III) to gather information on potential Immigration and Nationality Act (8 U.S.C. (statutory or nonstatutory), including sec- targets for terrorist activity; 1182(a)(3)(B)), as amended by this section, tion 2241 of title 28, United States Code, or ‘‘(IV) to solicit funds or other things of shall apply to— any other habeas corpus provision, and sec- value for— (1) removal proceedings instituted before, tions 1361 and 1651 of such title, a petition for ‘‘(aa) a terrorist activity; on, or after the date of the enactment of this review filed with an appropriate court of ap- ‘‘(bb) a terrorist organization described in title; and peals in accordance with this section shall be clause (vi)(I) or (vi)(II); or (2) acts and conditions constituting a the sole and exclusive means for judicial re- ‘‘(cc) a terrorist organization described in ground for inadmissibility, excludability, de- view of an order of removal entered or issued clause (vi)(III), unless the solicitor can dem- portation, or removal occurring or existing under any provision of this Act, except as onstrate by clear and convincing evidence before, on, or after such date. provided in subsection (e). For purposes of that he did not know, and should not reason- SEC. 714. REMOVAL OF TERRORISTS. this Act, in every provision that limits or ably have known, that the organization was (a) IN GENERAL.— eliminates judicial review or jurisdiction to a terrorist organization; (1) IN GENERAL.—Section 237(a)(4)(B) of the review, the terms ‘judicial review’ and ‘juris- ‘‘(V) to solicit any individual— Immigration and Nationality Act (8 U.S.C. diction to review’ include habeas corpus re- ‘‘(aa) to engage in conduct otherwise de- 1227(a)(4)(B)) is amended to read as follows: view pursuant to section 2241 of title 28, scribed in this subsection; ‘‘(B) TERRORIST ACTIVITIES.—Any alien who United States Code, or any other habeas cor- ‘‘(bb) for membership in a terrorist organi- is described in subparagraph (B) or (F) of sec- pus provision, sections 1361 and 1651 of such zation described in clause (vi)(I) or (vi)(II); or tion 212(a)(3) is deportable.’’. title, and review pursuant to any other pro- ‘‘(cc) for membership in a terrorist organi- (2) EFFECTIVE DATE.—The amendment vision of law (statutory or nonstatutory).’’; zation described in clause (vi)(III) unless the made by paragraph (1) shall take effect on (2) in subsection (b)— solicitor can demonstrate by clear and con- the date of the enactment of this title, and (A) in paragraph (3)(B), by inserting ‘‘pur- vincing evidence that he did not know, and the amendment, and section 237(a)(4)(B) of suant to subsection (f)’’ after ‘‘unless’’; and should not reasonably have known, that the the Immigration and Nationality Act (8 (B) in paragraph (9), by adding at the end organization was a terrorist organization; or U.S.C. 1227(a)(4)(B)), as amended by such the following: ‘‘Except as otherwise provided ‘‘(VI) to commit an act that the actor paragraph, shall apply to— in this section, no court shall have jurisdic- knows, or reasonably should know, affords (A) removal proceedings instituted before, tion, by habeas corpus under section 2241 of material support, including a safe house, on, or after the date of the enactment of this title 28, United States Code, or any other ha- transportation, communications, funds, title; and beas corpus provision, by section 1361 or 1651 transfer of funds or other material financial (B) acts and conditions constituting a of such title, or by any other provision of law benefit, false documentation or identifica- ground for inadmissibility, excludability, de- (statutory or nonstatutory), to review such tion, weapons (including chemical, biologi- portation, or removal occurring or existing an order or such questions of law or fact.’’; cal, or radiological weapons), explosives, or before, on, or after such date. and training— (b) REPEAL.—Effective as of the date of the (3) in subsection (g), by inserting ‘‘(statu- ‘‘(aa) for the commission of a terrorist ac- enactment of the Intelligence Reform and tory or nonstatutory), including section 2241 tivity; Terrorism Prevention Act of 2004 (Public of title 28, United States Code, or any other ‘‘(bb) to any individual who the actor Law 108–458), section 5402 of such Act is re- habeas corpus provision, and sections 1361 knows, or reasonably should know, has com- pealed, and the Immigration and Nationality and 1651 of such title’’ after ‘‘notwith- mitted or plans to commit a terrorist activ- Act shall be applied as if such section had standing any other provision of law’’. ity; not been enacted. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect upon ‘‘(cc) to a terrorist organization described SEC. 715. JUDICIAL REVIEW OF ORDERS OF RE- in subclause (I) or (II) of clause (vi) or to any MOVAL. the date of the enactment of this title and shall apply to cases in which the final ad- member of such an organization; or (a) IN GENERAL.—Section 242 of the Immi- ‘‘(dd) to a terrorist organization described gration and Nationality Act (8 U.S.C. 1252) is ministrative order of removal, deportation, in clause (vi)(III), or to any member of such amended— or exclusion was issued before, on, or after an organization, unless the actor can dem- (1) in subsection (a)— the date of the enactment of this title. (c) TRANSFER OF CASES.—If an alien’s case, onstrate by clear and convincing evidence (A) in paragraph (2)— brought under section 2241 of title 28, United that the actor did not know, and should not (i) in subparagraph (A), by inserting ‘‘(stat- States Code, and challenging a final adminis- reasonably have known, that the organiza- utory or nonstatutory), including section tion was a terrorist organization. trative order of removal, deportation, or ex- 2241 of title 28, United States Code, or any clusion, is pending in a district court on the This clause shall not apply to any material other habeas corpus provision, and sections date of the enactment of this title, then the support the alien afforded to an organization 1361 and 1651 of such title’’ after ‘‘Notwith- district court shall transfer the case (or the or individual that has committed terrorist standing any other provision of law’’; part of the case that challenges the order of activity, if the Secretary of State, after con- (ii) in each of subparagraphs (B) and (C), by removal, deportation, or exclusion) to the sultation with the Attorney General and the inserting ‘‘(statutory or nonstatutory), in- court of appeals for the circuit in which a pe- Secretary of Homeland Security, or the At- cluding section 2241 of title 28, United States tition for review could have been properly torney General, after consultation with the Code, or any other habeas corpus provision, filed under section 242(b)(2) of the Immigra- Secretary of State and the Secretary of and sections 1361 and 1651 of such title, and tion and Nationality Act (8 U.S.C. 1252), as Homeland Security, concludes in his sole except as provided in subparagraph (D)’’ amended by this section, or under section unreviewable discretion, that this clause after ‘‘Notwithstanding any other provision 309(c)(4)(D) of the Illegal Immigration Re- should not apply.’’. of law’’; and form and Immigrant Responsibility Act of (c) TERRORIST ORGANIZATION DEFINED.— (iii) by adding at the end the following: 1996 (8 U.S.C. 1101 note). The court of appeals Section 212(a)(3)(B)(vi) of the Immigration ‘‘(D) JUDICIAL REVIEW OF CERTAIN LEGAL shall treat the transferred case as if it had and Nationality Act (8 U.S.C. CLAIMS.—Nothing in subparagraph (B) or (C), been filed pursuant to a petition for review 1182(a)(3)(B)(vi)) is amended to read as fol- or in any other provision of this Act which under such section 242, except that sub- lows: limits or eliminates judicial review, shall be section (b)(1) of such section shall not apply. ‘‘(vi) TERRORIST ORGANIZATION DEFINED.— construed as precluding review of constitu- (d) TRANSITIONAL RULE CASES.—A petition As used in this section, the term ‘terrorist tional claims or pure questions of law raised for review filed under former section 106(a) of organization’ means an organization— upon a petition for review filed with an ap- the Immigration and Nationality Act (as in ‘‘(I) designated under section 219; propriate court of appeals in accordance with effect before its repeal by section 306(b) of ‘‘(II) otherwise designated, upon publica- this section.’’; and the Illegal Immigration Reform and Immi- tion in the Federal Register, by the Sec- (B) by adding at the end the following: grant Responsibility Act of 1996 (8 U.S.C. 1252 retary of State in consultation with or upon ‘‘(4) CLAIMS UNDER THE UNITED NATIONS CON- note)) shall be treated as if it had been filed the request of the Attorney General or the VENTION.—Notwithstanding any other provi- as a petition for review under section 242 of Secretary of Homeland Security, as a ter- sion of law (statutory or nonstatutory), in- the Immigration and Nationality Act (8 rorist organization, after finding that the or- cluding section 2241 of title 28, United States U.S.C. 1252), as amended by this section. Not- ganization engages in the activities de- Code, or any other habeas corpus provision, withstanding any other provision of law scribed in subclauses (I) through (VI) of and sections 1361 and 1651 of such title, a pe- (statutory or nonstatutory), including sec- clause (iv); or tition for review filed with an appropriate tion 2241 of title 28, United States Code, or

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3698 CONGRESSIONAL RECORD — SENATE April 14, 2005 any other habeas corpus provision, and sec- (C) immediately upon nonpayment of the tody and issue a written certificate of sur- tions 1361 and 1651 of such title, such petition renewal premium. render; and for review shall be the sole and exclusive (4) RENEWAL.—Delivery bonds may be re- (ii) the Secretary of Homeland Security means for judicial review of an order of de- newed annually, with payment of proper pre- shall immediately exonerate the surety from portation or exclusion. mium to the surety, if there has been no any further liability on the bond. SEC. 716. DELIVERY BONDS. breach of conditions, default, claim, or for- (8) FORM OF BOND.—Delivery bonds shall in (a) DEFINITIONS.—For purposes of this sec- feiture of the bond. Notwithstanding any re- all cases state the following and be secured tion: newal, when the alien is surrendered to the by a corporate surety that is certified as an (1) DELIVERY BOND.—The term ‘‘delivery Secretary of Homeland Security for removal, acceptable surety on Federal bonds and bond’’ means a written suretyship under- the Secretary shall cause the bond to be can- whose name appears on the current Treasury taking for the surrender of an individual celed. Department Circular 570: against whom the Department of Homeland (5) CANCELLATION.—Delivery bonds shall be ‘‘(A) BREACH OF BOND; PROCEDURE, FOR- Security has issued an order to show cause canceled and the surety exonerated— FEITURE, NOTICE.— or a notice to appear, the performance of (A) for nonrenewal after the alien has been ‘‘(i) If a principal violates any conditions which is guaranteed by an acceptable surety surrendered to the Department of Homeland of the delivery bond, or the principal is or on Federal bonds. Security for removal; becomes subject to a final administrative (2) PRINCIPAL.—The term ‘‘principal’’ (B) if the surety or bonding agent provides order of deportation or removal, the Sec- means an individual who is the subject of a reasonable evidence that there was misrepre- retary of Homeland Security shall— bond. sentation or fraud in the application for the ‘‘(I) immediately issue a warrant for the (3) SURETYSHIP UNDERTAKING.—The term bond; principal’s arrest and enter that arrest war- ‘‘suretyship undertaking’’ means a written (C) upon the death or incarceration of the rant into the National Crime Information agreement, executed by a bonding agent on principal, or the inability of the surety to Center (NCIC) computerized information behalf of a surety, which binds all parties to produce the principal for medical reasons; database; its certain terms and conditions and which (D) if the principal is detained by any law ‘‘(II) order the bonding agent and surety to provides obligations for the principal and the enforcement agency of any State, county, take the principal into custody and sur- surety while under the bond and penalties city, or any political subdivision thereof; render the principal to any one of 10 des- for forfeiture to ensure the obligations of the (E) if it can be established that the alien ignated Department of Homeland Security principal and the surety under the agree- departed the United States of America for ‘turn-in’ centers located nationwide in the ment. any reason without permission of the Sec- areas of greatest need, at any time of day (4) BONDING AGENT.—The term ‘‘bonding retary of Homeland Security, the surety, or during 15 months after mailing the arrest agent’’ means any individual properly li- the bonding agent; warrant and the order to the bonding agent censed, approved, and appointed by power of (F) if the foreign state of which the prin- and the surety as required by subclause (III), attorney to execute or countersign surety cipal is a national is designated pursuant to and immediately enter that order into the bonds in connection with any matter gov- section 244 of the Act (8 U.S.C. 1254a) after National Crime Information Center (NCIC) erned by the Immigration and Nationality the bond is posted; or computerized information database; and Act as amended (8 U.S.C. 1101, et seq.), and (G) if the principal is surrendered to the ‘‘(III) mail 2 certified copies each of the ar- who receives a premium for executing or Department of Homeland Security, removal rest warrant issued pursuant to subclause (I) countersigning such surety bonds. by the surety or the bonding agent. and 2 certified copies each of the order issued (5) SURETY.—The term ‘‘surety’’ means an (6) SURRENDER OF PRINCIPAL; FORFEITURE pursuant to subclause (II) to only the bond- entity, as defined by, and that is in compli- OF BOND PREMIUM.— ing agent and surety via certified mail re- ance with, sections 9304 through 9308 of title (A) SURRENDER.—At any time, before a turn receipt to their last known addresses. 31, United States Code, that agrees— breach of any of the bond conditions, if in ‘‘(ii) Bonding agents and sureties shall im- (A) to guarantee the performance, where the opinion of the surety or bonding agent, mediately notify the Secretary of Homeland appropriate, of the principal under a bond; the principal becomes a flight risk, the prin- Security of their changes of address and/or (B) to perform the bond as required; and cipal may be surrendered to the Department telephone numbers. (C) to pay the face amount of the bond as of Homeland Security for removal. ‘‘(iii) The Secretary of Homeland Security a penalty for failure to perform. (B) FORFEITURE OF BOND PREMIUM.—A prin- shall establish, disseminate to bonding (b) VALIDITY, AGENT NOT CO-OBLIGOR, EXPI- cipal may be surrendered without the return agents and sureties, and maintain on a cur- RATION, RENEWAL, AND CANCELLATION OF of any bond premium if the principal— rent basis a secure nationwide toll-free list BONDS.— (i) changes address without notifying the of telephone numbers of Department of (1) VALIDITY.—Delivery bond undertakings surety, the bonding agent, and the Secretary Homeland Security officials, including the are valid if such bonds— of Homeland Security in writing prior to names of such officials, that bonding agents, (A) state the full, correct, and proper name such change; sureties, and their employees may imme- of the alien principal; (ii) hides or is concealed from a surety, a diately contact at any time to discuss and (B) state the amount of the bond; bonding agent, or the Secretary; resolve any issue regarding any principal or (C) are guaranteed by a surety and (iii) fails to report to the Secretary as re- bond, to be known as ‘Points of Contact’. countersigned by an agent who is properly quired at least annually; or ‘‘(iv) A bonding agent or surety shall have appointed; (iv) violates the contract with the bonding full and complete access, free of charge, to (D) bond documents are properly executed; agent or surety, commits any act that may any and all information, electronic or other- and lead to a breach of the bond, or otherwise wise, in the care, custody, and control of the (E) relevant bond documents are properly violates any other obligation or condition of United States Government or any State or filed with the Secretary of Homeland Secu- the bond established by the Secretary. local government or any subsidiary or police rity. (7) CERTIFIED COPY OF BOND AND ARREST agency thereof regarding the principal that (2) BONDING AGENT NOT CO-OBLIGOR, PARTY, WARRANT TO ACCOMPANY SURRENDER.— may be helpful in complying with section 715 OR GUARANTOR IN INDIVIDUAL CAPACITY, AND (A) IN GENERAL.—A bonding agent or sur- of the REAL ID Act of 2005 that the Sec- NO REFUSAL IF ACCEPTABLE SURETY.—Section ety desiring to surrender the principal— retary of Homeland Security, by regulations 9304(b) of title 31, United States Code, is (i) shall have the right to petition the Sec- subject to approval by Congress, determines amended by adding at the end the following: retary of Homeland Security or any Federal may be helpful in locating or surrendering ‘‘Notwithstanding any other provision of court, without having to pay any fees or the principal. Beyond the principal, a bond- law, no bonding agent of a corporate surety court costs, for an arrest warrant for the ar- ing agent or surety shall not be required to shall be required to execute bonds as a co-ob- rest of the principal; disclose any information, including but not ligor, party, or guarantor in an individual (ii) shall forthwith be provided 2 certified limited to the arrest warrant and order, re- capacity on bonds provided by the corporate copies each of the arrest warrant and the ceived from any governmental source, any surety, nor shall a corporate surety bond be bond undertaking, without having to pay person, firm, corporation, or other entity. refused if the corporate surety appears on any fees or courts costs; and ‘‘(v) If the principal is later arrested, de- the current Treasury Department Circular (iii) shall have the right to pursue, appre- tained, or otherwise located outside the 570 as a company holding a certificate of au- hend, detain, and surrender the principal, to- United States and the outlying possessions thority as an acceptable surety on Federal gether with certified copies of the arrest of the United States (as defined in section bonds and attached to the bond is a cur- warrant and the bond undertaking, to any 101(a) of the Immigration and Nationality rently valid instrument showing the author- Department of Homeland Security detention Act), the Secretary of Homeland Security ity of the bonding agent of the surety com- official or Department detention facility or shall— pany to execute the bond.’’. any detention facility authorized to hold ‘‘(I) immediately order that the surety is (3) EXPIRATION.—A delivery bond under- Federal detainees. completely exonerated, and the bond can- taking shall expire at the earliest of— (B) EFFECTS OF DELIVERY.—Upon surrender celed; and (A) 1 year from the date of issue; of a principal under subparagraph (A)(iii)— ‘‘(II) if the Secretary of Homeland Security (B) at the cancellation of the bond or sur- (i) the official to whom the principal is sur- has issued an order under clause (i), the surrender of the principal; or rendered shall detain the principal in cus- ety may request, by written, properly filed

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3699 motion, reinstatement of the bond. This sub- who violates any of the terms and conditions Columbia, Puerto Rico, the Virgin Islands, clause may not be construed to prevent the of his or her bond. Guam, American Samoa, the Northern Mar- Secretary of Homeland Security from revok- ‘‘(ii) EXONERATION.—Upon satisfying any of iana Islands, the Trust Territory of the Pa- ing or resetting a bond at a higher amount. the requirements of the bond, the surety cific Islands, and any other territory or pos- ‘‘(vi) The bonding agent or surety must— shall be completely exonerated. session of the United States. ‘‘(I) during the 15 months after the date the ‘‘(iii) LIMITATION OF LIABILITY.—Notwith- SEC. 722. MINIMUM DOCUMENT REQUIREMENTS arrest warrant and order were mailed pursu- standing any other provision of law, the AND ISSUANCE STANDARDS FOR ant to clause (i)(III) surrender the principal total liability on any surety undertaking FEDERAL RECOGNITION. one time; or shall not exceed the face amount of the (a) MINIMUM STANDARDS FOR FEDERAL ‘‘(II)(aa) provide reasonable evidence that bond.’’. USE.— producing the principal was prevented— (c) EFFECTIVE DATE.—The provisions of (1) IN GENERAL.—Beginning 3 years after ‘‘(AA) by the principal’s illness or death; this section shall take effect on the date of the date of the enactment of this title, a ‘‘(BB) because the principal is detained in the enactment of this title and shall apply to Federal agency may not accept, for any offi- custody in any city, State, country, or any bonds and surety undertakings executed be- cial purpose, a driver’s license or identifica- political subdivision thereof; fore, on, or after the date of the enactment tion card issued by a State to any person un- ‘‘(CC) because the principal has left the of this title. less the State is meeting the requirements of United States or its outlying possessions (as SEC. 717. RELEASE OF ALIENS IN REMOVAL PRO- this section. defined in section 101(a) of the Immigration CEEDINGS. (2) STATE CERTIFICATIONS.—The Secretary and Nationality Act (8 U.S.C. 1101(a)); or (a) IN GENERAL.—Section 236(a)(2) of the shall determine whether a State is meeting ‘‘(DD) because required notice was not Immigration and Nationality Act (8 U.S.C. the requirements of this section based on given to the bonding agent or surety; and 1226(a)(2)) is amended to read as follows: certifications made by the State to the Sec- ‘‘(bb) establish by affidavit that the inabil- ‘‘(2) subject to such reasonable regulations retary of Transportation. Such certifications ity to produce the principal was not with the as the Secretary of Homeland Security may shall be made at such times and in such consent or connivance of the bonding agent prescribe, shall permit agents, servants, and manner as the Secretary of Transportation, or surety. employees of corporate sureties to visit in in consultation with the Secretary of Home- ‘‘(vii) If compliance occurs more than 15 person with individuals detained by the Sec- land Security, may prescribe by regulation. months but no more than 18 months after retary of and, subject to section 241(a)(8), (b) MINIMUM DOCUMENT REQUIREMENTS.—To the mailing of the arrest warrant and order may release the alien on a delivery bond of meet the requirements of this section, a to the bonding agent and the surety required at least $10,000, with security approved by State shall include, at a minimum, the fol- under clause (i)(III), an amount equal to 25 the Secretary, and containing conditions and lowing information and features on each percent of the face amount of the bond shall procedures prescribed by section 715 of the driver’s license and identification card be assessed as a penalty against the surety. REAL ID Act of 2005 and by the Secretary, issued to a person by the State: ‘‘(viii) If compliance occurs more than 18 but the Secretary shall not release the alien (1) The person’s full legal name. months but no more than 21 months after on or to his own recognizance unless an (2) The person’s date of birth. the mailing of the arrest warrant and order order of an immigration judge expressly (3) The person’s gender. to the bonding agent and the surety required finds and states in a signed order to release (4) The person’s driver’s license or identi- under clause (i)(III), an amount equal to 50 the alien to his own recognizance that the fication card number. percent of the face amount of the bond shall alien is not a flight risk and is not a threat (5) A digital photograph of the person. be assessed as a penalty against the surety. to the United States’’. (6) The person’s address of principle resi- ‘‘(ix) If compliance occurs more than 21 (b) REPEAL.—Section 286(r) of the Immigra- dence. months but no more than 24 months after tion and Nationality Act (8 U.S.C. 1356(r)) is (7) The person’s signature. the mailing of the arrest warrant and order repealed. (8) Physical security features designed to to the bonding agent and the surety required (c) EFFECTIVE DATE.—The amendment prevent tampering, counterfeiting, or dupli- under clause (i)(III), an amount equal to 75 made by subsection (a) shall take effect on cation of the document for fraudulent pur- percent of the face amount of the bond shall the date of the enactment of this title. poses. be assessed as a penalty against the surety. SEC. 718. DETENTION OF ALIENS DELIVERED BY (9) A common machine-readable tech- ‘‘(x) If compliance occurs 24 months or BONDSMEN. nology, with defined minimum data ele- more after the mailing of the arrest warrant (a) IN GENERAL.—Section 241(a) of the Im- ments. and order to the bonding agent and the sur- migration and Nationality Act (8 U.S.C. (c) MINIMUM ISSUANCE STANDARDS.— ety required under clause (i)(III), an amount 1231(a)) is amended by adding at the end the (1) IN GENERAL.—To meet the requirements equal to 100 percent of the face amount of following: of this section, a State shall require, at a the bond shall be assessed as a penalty ‘‘(8) EFFECT OF PRODUCTION OF ALIEN BY minimum, presentation and verification of against the surety. BONDSMAN.—Notwithstanding any other pro- the following information before issuing a ‘‘(xi) If any surety surrenders any principal vision of law, the Secretary of Homeland Se- driver’s license or identification card to a to the Secretary of Homeland Security at curity shall take into custody any alien sub- person: any time and place after the period for com- ject to a final order of removal, and cancel (A) A photo identity document, except that pliance has passed, the Secretary of Home- any bond previously posted for the alien, if a non-photo identity document is acceptable land Security shall cause to be issued to that the alien is produced within the prescribed if it includes both the person’s full legal surety an amount equal to 50 percent of the time limit by the obligor on the bond wheth- name and date of birth. face amount of the bond: Provided, however, er or not the Department of Homeland Secu- (B) Documentation showing the person’s That if that surety owes any penalties on rity accepts custody of the alien. The obligor date of birth. bonds to the United States, the amount that on the bond shall be deemed to have substan- (C) Proof of the person’s social security ac- surety would otherwise receive shall be off- tially performed all conditions imposed by count number or verification that the person set by and applied as a credit against the the terms of the bond, and shall be released is not eligible for a social security account amount of penalties on bonds it owes the from liability on the bond, if the alien is pro- number. United States, and then that surety shall reduced within such time limit.’’. (D) Documentation showing the person’s ceive the remainder of the amount to which (b) EFFECTIVE DATE.—The amendment name and address of principal residence. it is entitled under this subparagraph, if any. made by subsection (a) shall take effect on (2) SPECIAL REQUIREMENTS.— ‘‘(xii) All penalties assessed against a sur- the date of the enactment of this title and (A) IN GENERAL.—To meet the require- ety on a bond, if any, shall be paid by the shall apply to all immigration bonds posted ments of this section, a State shall comply surety no more than 27 months after the before, on, or after such date. with the minimum standards of this para- mailing of the arrest warrant and order to Subtitle B—Improved Security for Drivers’ graph. the bonding agent and the surety required Licenses and Personal Identification Cards (B) EVIDENCE OF LAWFUL STATUS.—A State under clause (i)(III). SEC. 721. DEFINITIONS. shall require, before issuing a driver’s license ‘‘(B) The Secretary of Homeland Security In this subtitle, the following definitions or identification card to a person, valid docu- may waive penalties or extend the period for apply: mentary evidence that the person— payment or both, if— (1) DRIVER’S LICENSE.—The term ‘‘driver’s (i) is a citizen of the United States; ‘‘(i) a written request is filed with the Sec- license’’ means a motor vehicle operator’s li- (ii) is an alien lawfully admitted for per- retary of Homeland Security; and cense, as defined in section 30301 of title 49, manent or temporary residence in the United ‘‘(ii) the bonding agent or surety provides United States Code. States; an affidavit that diligent efforts were made (2) IDENTIFICATION CARD.—The term ‘‘iden- (iii) has conditional permanent resident to effect compliance of the principal. tification card’’ means a personal identifica- status in the United States; ‘‘(C) COMPLIANCE; EXONERATION; LIMITATION tion card, as defined in section 1028(d) of title (iv) has an approved application for asylum OF LIABILITY.— 18, United States Code, issued by a State. in the United States or has entered into the ‘‘(i) COMPLIANCE.—A bonding agent or sur- (3) SECRETARY.—The term ‘‘Secretary’’ United States in refugee status; ety shall have the absolute right to locate, means the Secretary of Homeland Security. (v) has a valid, unexpired nonimmigrant apprehend, arrest, detain, and surrender any (4) STATE.—The term ‘‘State’’ means a visa or nonimmigrant visa status for entry principal, wherever he or she may be found, State of the United States, the District of into the United States;

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(vi) has a pending application for asylum that a social security account number is al- (b) COMPLIANCE WITH STANDARDS.—All au- in the United States; ready registered to or associated with an- thority to certify compliance with standards (vii) has a pending or approved application other person to which any State has issued a under this subtitle shall be carried out by for temporary protected status in the United driver’s license or identification card, the the Secretary of Transportation, in consulta- States; State shall resolve the discrepancy and take tion with the Secretary of Homeland Secu- (viii) has approved deferred action status; appropriate action. rity and the States. or (6) Refuse to issue a driver’s license or (c) EXTENSIONS OF DEADLINES.—The Sec- (ix) has a pending application for adjust- identification card to a person holding a retary may grant to a State an extension of ment of status to that of an alien lawfully driver’s license issued by another State with- time to meet the requirements of section admitted for permanent residence in the out confirmation that the person is termi- 722(a)(1) if the State provides adequate jus- United States or conditional permanent resi- nating or has terminated the driver’s license. tification for noncompliance. dent status in the United States. (7) Ensure the physical security of loca- SEC. 727. REPEAL. (C) TEMPORARY DRIVERS’ LICENSES AND tions where drivers’ licenses and identifica- Section 7212 of the Intelligence Reform and IDENTIFICATION CARDS.— tion cards are produced and the security of Terrorism Prevention Act of 2004 (Public (i) IN GENERAL.—If a person presents evi- document materials and papers from which Law 108–458) is repealed. dence under any of clauses (v) through (ix) of drivers’ licenses and identification cards are SEC. 728. LIMITATION ON STATUTORY CON- subparagraph (B), the State may only issue a produced. STRUCTION. temporary driver’s license or temporary (8) Subject all persons authorized to manu- Nothing in this subtitle shall be construed identification card to the person. facture or produce drivers’ licenses and iden- to affect the authorities or responsibilities (ii) EXPIRATION DATE.—A temporary driv- tification cards to appropriate security of the Secretary of Transportation or the er’s license or temporary identification card clearance requirements. States under chapter 303 of title 49, United issued pursuant to this subparagraph shall (9) Establish fraudulent document recogni- States Code. be valid only during the period of time of the tion training programs for appropriate em- applicant’s authorized stay in the United Subtitle C—Border Infrastructure and ployees engaged in the issuance of drivers’ li- Technology Integration States or, if there is no definite end to the censes and identification cards. period of authorized stay, a period of one SEC. 731. VULNERABILITY AND THREAT ASSESS- (10) Limit the period of validity of all driv- MENT. year. er’s licenses and identification cards that are (iii) DISPLAY OF EXPIRATION DATE.—A tem- (a) STUDY.—The Under Secretary of Home- not temporary to a period that does not ex- land Security for Border and Transportation porary driver’s license or temporary identi- ceed 8 years. fication card issued pursuant to this sub- Security, in consultation with the Under SEC. 723. LINKING OF DATABASES. paragraph shall clearly indicate that it is Secretary of Homeland Security for Science (a) IN GENERAL.—To be eligible to receive temporary and shall state the date on which and Technology and the Under Secretary of any grant or other type of financial assist- it expires. Homeland Security for Information Analysis ance made available under this title, a State (iv) RENEWAL.—A temporary driver’s li- and Infrastructure Protection, shall study cense or temporary identification card shall participate in the interstate compact the technology, equipment, and personnel issued pursuant to this subparagraph may be regarding sharing of driver license data, needed to address security vulnerabilities renewed only upon presentation of valid doc- known as the ‘‘Driver License Agreement’’, within the United States for each field office umentary evidence that the status by which in order to provide electronic access by a of the Bureau of Customs and Border Protec- the applicant qualified for the temporary State to information contained in the motor tion that has responsibility for any portion driver’s license or temporary identification vehicle databases of all other States. of the United States borders with Canada card has been extended by the Secretary of (b) REQUIREMENTS FOR INFORMATION.—A and Mexico. The Under Secretary shall con- Homeland Security. State motor vehicle database shall contain, duct follow-up studies at least once every 5 at a minimum, the following information: (3) VERIFICATION OF DOCUMENTS.—To meet years. the requirements of this section, a State (1) All data fields printed on drivers’ li- (b) REPORT TO CONGRESS.—The Under Sec- shall implement the following procedures: censes and identification cards issued by the retary shall submit a report to Congress on (A) Before issuing a driver’s license or State. the Under Secretary’s findings and conclu- identification card to a person, the State (2) Motor vehicle drivers’ histories, includ- sions from each study conducted under sub- shall verify, with the issuing agency, the ing motor vehicle violations, suspensions, section (a) together with legislative rec- issuance, validity, and completeness of each and points on licenses. ommendations, as appropriate, for address- document required to be presented by the SEC. 724. TRAFFICKING IN AUTHENTICATION ing any security vulnerabilities found by the person under paragraph (1) or (2). FEATURES FOR USE IN FALSE IDEN- study. (B) The State shall not accept any foreign TIFICATION DOCUMENTS. (c) AUTHORIZATION OF APPROPRIATIONS.— document, other than an official passport, to (a) CRIMINAL PENALTY.—Section 1028(a)(8) There are authorized to be appropriated to satisfy a requirement of paragraph (1) or (2). of title 18, United States Code, is amended by the Department of Homeland Security Direc- (C) Not later than September 11, 2005, the striking ‘‘false authentication features’’ and torate of Border and Transportation Secu- State shall enter into a memorandum of un- inserting ‘‘false or actual authentication fea- rity such sums as may be necessary for fiscal derstanding with the Secretary of Homeland tures’’. years 2006 through 2011 to carry out any such (b) USE OF FALSE DRIVER’S LICENSE AT AIR- Security to routinely utilize the automated recommendations from the first study con- PORTS.— system known as Systematic Alien ducted under subsection (a). (1) IN GENERAL.—The Secretary shall enter, Verification for Entitlements, as provided SEC. 732. USE OF GROUND SURVEILLANCE TECH- into the appropriate aviation security for by section 404 of the Illegal Immigration NOLOGIES FOR BORDER SECURITY. screening database, appropriate information Reform and Immigrant Responsibility Act of (a) PILOT PROGRAM.—Not later than 180 regarding any person convicted of using a 1996 (110 Stat. 3009–664), to verify the legal days after the date of the enactment of this false driver’s license at an airport (as such presence status of a person, other than a title, the Under Secretary of Homeland Secu- term is defined in section 40102 of title 49, United States citizen, applying for a driver’s rity for Science and Technology, in consulta- United States Code). license or identification card. tion with the Under Secretary of Homeland (2) FALSE DEFINED.—In this subsection, the (d) OTHER REQUIREMENTS.—To meet the re- Security for Border and Transportation Se- quirements of this section, a State shall term ‘‘false’’ has the same meaning such curity, the Under Secretary of Homeland Se- adopt the following practices in the issuance term has under section 1028(d) of title 18, curity for Information Analysis and Infra- of drivers’ licenses and identification cards: United States Code. structure Protection, and the Secretary of (1) Employ technology to capture digital SEC. 725. GRANTS TO STATES. Defense, shall develop a pilot program to uti- images of identity source documents so that (a) IN GENERAL.—The Secretary may make lize, or increase the utilization of, ground the images can be retained in electronic grants to a State to assist the State in con- surveillance technologies to enhance the storage in a transferable format. forming to the minimum standards set forth border security of the United States. In de- (2) Retain paper copies of source docu- in this subtitle. veloping the program, the Under Secretary ments for a minimum of 7 years or images of (b) AUTHORIZATION OF APPROPRIATIONS.— shall— source documents presented for a minimum There are authorized to be appropriated to (1) consider various current and proposed of 10 years. the Secretary for each of the fiscal years 2005 ground surveillance technologies that could (3) Subject each person applying for a driv- through 2009 such sums as may be necessary be utilized to enhance the border security of er’s license or identification card to manda- to carry out this subtitle. the United States; tory facial image capture. SEC. 726. AUTHORITY. (2) assess the threats to the border security (4) Establish an effective procedure to con- (a) PARTICIPATION OF SECRETARY OF TRANS- of the United States that could be addressed firm or verify a renewing applicant’s infor- PORTATION AND STATES.—All authority to by the utilization of such technologies; and mation. issue regulations, set standards, and issue (3) assess the feasibility and advisability of (5) Confirm with the Social Security Ad- grants under this subtitle shall be carried utilizing such technologies to address such ministration a social security account num- out by the Secretary, in consultation with threats, including an assessment of the tech- ber presented by a person using the full so- the Secretary of Transportation and the nologies considered best suited to address cial security account number. In the event States. such threats.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3701 (b) ADDITIONAL REQUIREMENTS.— SA 430. Mr. BYRD (for himself, Mrs. TITLE VII—TEMPORARY AGRICULTURAL (1) IN GENERAL.—The pilot program shall CLINTON, Mr. LAUTENBERG, Mr. KERRY, WORKERS include the utilization of a variety of ground Mr. WYDEN, Mr. DORGAN, Mr. HARKIN, SEC. 701. SHORT TITLE. surveillance technologies in a variety of and Mr. KENNEDY) proposed an amend- This title may be cited as the ‘‘Temporary topographies and areas (including both popu- ment to the bill H.R. 1268, Making Agricultural Work Reform Act of 2005’’. lated and unpopulated areas) on both the Subtitle A—Temporary H–2A Workers northern and southern borders of the United emergency supplemental appropriations for the fiscal year ending Sep- SEC. 711. ADMISSION OF TEMPORARY H–2A States in order to evaluate, for a range of WORKERS. circumstances— tember 30, 2005, to establish and rapidly Section 218 of the Immigration and Nation- (A) the significance of previous experiences implement regulations for State driv- ality Act (8 U.S.C. 1188) is amended to read with such technologies in homeland security er’s license and identification docu- as follows: or critical infrastructure protection for the ment security standards, to prevent ‘‘ADMISSION OF TEMPORARY H–2A WORKERS utilization of such technologies for border terrorists from abusing the asylum security; ‘‘SEC. 218. (a) APPLICATION.—An alien may not be admitted as an H–2A worker unless (B) the cost, utility, and effectiveness of laws of the United States, to unify ter- the employer has filed with the Secretary of such technologies for border security; and rorism-related grounds for inadmis- Homeland Security a petition attesting to (C) liability, safety, and privacy concerns sibility and removal, to ensure expedi- the following: relating to the utilization of such tech- tious construction of the San Diego ‘‘(1) TEMPORARY OR SEASONAL WORK OR nologies for border security. border fence, and for other purposes; as SERVICES.— (2) TECHNOLOGIES.—The ground surveil- follows: ‘‘(A) IN GENERAL.—The agricultural em- lance technologies utilized in the pilot pro- At the appropriate place, insert the fol- ployment for which the H–2A worker or gram shall include the following: workers is or are sought is temporary or sea- (A) Video camera technology. lowing: SEC. ll. None of the funds provided in sonal, the number of workers sought, and the (B) Sensor technology. wage rate and conditions under which they (C) Motion detection technology. this Act or any other Act may be used by a Federal agency to produce any prepackaged will be employed. (c) IMPLEMENTATION.—The Under Secretary ‘‘(B) TEMPORARY OR SEASONAL WORK.—For of Homeland Security for Border and Trans- news story unless the story includes a clear notification to the audience that the story purposes of subparagraph (A), a worker is portation Security shall implement the pilot employed on a ‘temporary’ or ‘seasonal’ program developed under this section. was prepared or funded by that Federal agency. basis if the employment is intended not to (d) REPORT.—Not later than 1 year after exceed 10 months. implementing the pilot program under sub- ‘‘(2) BENEFITS, WAGE, AND WORKING CONDI- Ms. SNOWE submitted an section (a), the Under Secretary shall submit SA 431. TIONS.—The employer will provide, at a min- a report on the program to the Senate Com- amendment intended to be proposed by imum, the benefits, wages, and working con- mittee on Commerce, Science, and Transpor- her to the bill H.R. 1268, making emer- ditions required by subsection (m) to all tation, the House of Representatives Com- gency supplemental appropriations for workers employed in the jobs for which the mittee on Science, the House of Representa- the fiscal year ending September 30, H–2A worker or workers is or are sought and tives Committee on Homeland Security, and 2005, to establish and rapidly imple- to all other temporary workers in the same the House of Representatives Committee on ment regulations for State driver’s li- occupation at the place of employment. the Judiciary. The Under Secretary shall in- cense and identification document se- ‘‘(3) NONDISPLACEMENT OF UNITED STATES clude in the report a description of the pro- WORKERS.—The employer did not displace gram together with such recommendations curity standards, to prevent terrorists and will not displace a United States worker as the Under Secretary finds appropriate, in- from abusing the asylum laws of the employed by the employer during the period cluding recommendations for terminating United States, to unify terrorism-re- of employment and during a period of 30 days the program, making the program perma- lated grounds for inadmissibility and preceding the period of employment in the nent, or enhancing the program. removal, to ensure expeditious con- occupation at the place of employment for SEC. 733. ENHANCEMENT OF COMMUNICATIONS struction of the San Diego border which the employer seeks approval to em- INTEGRATION AND INFORMATION fence, and for other purposes; which ploy H–2A workers. SHARING ON BORDER SECURITY. was ordered to lie on the table; as fol- ‘‘(4) RECRUITMENT.— (a) IN GENERAL.—Not later than 180 days ‘‘(A) IN GENERAL.—The employer shall at- after the date of the enactment of this title, lows: test that the employer— the Secretary of Homeland Security, acting On page 169, between lines 8 and 9, insert ‘‘(i) conducted adequate recruitment in the through the Under Secretary of Homeland the following: metropolitan statistical area of intended em- Security for Border and Transportation Se- FULL UTILIZATION OF INDUSTRIAL CAPACITY ployment before filing the attestation; and curity, in consultation with the Under Sec- FOR REFURBISHMENT AND REPLACEMENT OF ‘‘(ii) was unsuccessful in locating qualified retary of Homeland Security for Science and TACTICAL WHEELED VEHICLES United States workers for the job oppor- Technology, the Under Secretary of Home- tunity for which the certification is sought. SEC. 1122. The Secretary of the Army shall land Security for Information Analysis and ‘‘(B) RECRUITMENT.—The adequate recruit- Infrastructure Protection, the Assistant Sec- use funds in the Other Procurement, Army ment requirement under subparagraph (A) is retary of Commerce for Communications and account to utilize fully the industrial capac- satisfied if the employer— Information, and other appropriate Federal, ity of the United States, including the capac- ‘‘(i) places a job order with America’s Job State, local, and tribal agencies, shall de- ity of Maine Military Authority, to meet re- Bank Program of the Department of Labor; velop and implement a plan— quirements for the refurbishment and re- and (1) to improve the communications sys- placement of tactical wheeled vehicles in ‘‘(ii) places a Sunday advertisement in a tems of the departments and agencies of the order to facilitate the delivery of up armored newspaper of general circulation or an adver- Federal Government in order to facilitate tactical vehicles to deployed units of the tisement in an appropriate trade journal or the integration of communications among Armed Forces. ethnic publication that is likely to be pa- the departments and agencies of the Federal tronized by a potential worker in the area of Government and State, local government SA 432. Mr. CHAMBLISS (for himself, intended employment. agencies, and Indian tribal agencies on mat- and Mr. KYL) submitted an amendment ‘‘(C) ADVERTISEMENT CRITERIA.—The adver- ters relating to border security; and intended to be proposed to the bill H.R. tisement requirement under subparagraph (2) to enhance information sharing among 1268, Making emergency supplemental (B)(ii) is satisfied if the advertisement— the departments and agencies of the Federal appropriations for the fiscal year end- ‘‘(i) names the employer; Government, State and local government ing September 30, 2005, to establish and ‘‘(ii) directs applicants to report or send re- agencies, and Indian tribal agencies on such sumes, as appropriate for the occupation, to matters. rapidly implement regulations for the employer; (b) REPORT.—Not later than 1 year after State driver’s license and identifica- ‘‘(iii) provides a description of the vacancy implementing the plan under subsection (a), tion document security standards, to that is specific enough to apprise United the Secretary shall submit a copy of the plan prevent terrorists from abusing the States workers of the job opportunity for and a report on the plan, including any rec- asylum laws of the United States, to which certification is sought; ommendations the Secretary finds appro- unify terrorism-related grounds for in- ‘‘(iv) describes the geographic area with priate, to the Senate Committee on Com- admissibility and removal, to ensure enough specificity to apprise applicants of merce, Science, and Transportation, the expeditious construction of the San any travel requirements and where appli- House of Representatives Committee on cants will likely have to reside to perform Science, the House of Representatives Com- Diego border fence, and for other pur- the job; mittee on Homeland Security, and the House poses; as follows: ‘‘(v) states the rate of pay, which must of Representatives Committee on the Judici- On page 231, between lines 3 and 4, insert equal or exceed the wage paid for the occupa- ary. the following: tion in the area of intended employment; and

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3702 CONGRESSIONAL RECORD — SENATE April 14, 2005 ‘‘(vi) offers wages, terms, and conditions of another H–2A employer if the other employer certification, each employer-member receiv- employment, which are at least as favorable displaces a United States worker in violation ing such certification shall pay a fee equal to as those offered to the alien. of the condition described in subsection $100 plus $10 for each job opportunity for H– ‘‘(5) OFFERS TO UNITED STATES WORKERS.— (a)(7). 2A workers certified, provided that the fee to The employer has offered or will offer the job ‘‘(4) TREATMENT OF VIOLATIONS.— an employer for each temporary alien agri- for which the nonimmigrant is, or the non- ‘‘(A) MEMBER’S VIOLATION DOES NOT NEC- cultural labor certification received shall immigrants are, sought to any eligible ESSARILY DISQUALIFY ASSOCIATION OR OTHER not exceed $1,000. The joint employer asso- United States worker who applies and is MEMBERS.—If an individual producer member ciation shall not be charged a separate fee. equally or better qualified for the job and of a joint employer association is determined ‘‘(C) PAYMENTS.—The fees collected under who will be available at the time and place to have committed an act that is in violation this paragraph shall be paid by check or of need. of the conditions for approval with respect to money order made payable to the ‘Depart- ‘‘(6) PROVISION OF INSURANCE.—If the job the member’s petition, the denial shall apply ment of Homeland Security’. In the case of for which the nonimmigrant is, or the non- only to that member of the association un- employers of H–2A workers that are mem- immigrants are, sought is not covered by less the Secretary of Labor determines that bers of a joint employer association applying State workers’ compensation law, the em- the association or other member partici- on their behalf, the aggregate fees for all employer will provide, at no cost to the worker, pated in, had knowledge of, or had reason to ployers of H–2A workers under the petition insurance covering injury and disease arising know of the violation. may be paid by 1 check or money order. out of, and in the course of, the worker’s em- ‘‘(B) ASSOCIATION’S VIOLATION DOES NOT ‘‘(D) INFLATION ADJUSTMENT.—In the case ployment which will provide benefits at least NECESSARILY DISQUALIFY MEMBERS.— of any calendar year beginning after 2005, equal to those provided under the State ‘‘(i) JOINT EMPLOYER.—If an association each dollar amount in subparagraph (B) may workers’ compensation law for comparable representing agricultural producers as a be increased by an amount equal to— employment. joint employer is determined to have com- ‘‘(i) such dollar amount; multiplied by ‘‘(7) STRIKE OR LOCKOUT.—The specific job mitted an act that is in violation of the con- ‘‘(ii) the percentage (if any) by which the opportunity for which the employer is re- ditions for approval with respect to the asso- average of the Consumer Price Index for all questing an H–2A worker is not vacant be- ciation’s petition, the denial shall apply only urban consumers (United States city aver- cause the former occupant is on strike or to the association and does not apply to any age) for the 12-month period ending with Au- being locked out in the course of a labor dis- individual producer member of the associa- gust of the preceding calendar year exceeds pute. tion, unless the Secretary of Labor deter- such average for the 12-month period ending ‘‘(8) PREVIOUS VIOLATIONS.—The employer mines that the member participated in, had with August 2004. has not, during the previous 5-year period, knowledge of, or had reason to know of the ‘‘(h) FAILURE TO MEET CONDITIONS.—If the employed H–2A workers and knowingly vio- violation. Secretary of Labor finds, after notice and op- lated a material term or condition of ap- ‘‘(ii) SOLE EMPLOYER.—If an association of portunity for a hearing, a failure to meet a proval with respect to the employment of do- agricultural producers approved as a sole condition of subsection (a), or a material mestic or nonimmigrant workers, as deter- employer is determined to have committed misrepresentation of fact in a petition under mined by the Secretary of Labor after notice an act that is in violation of the conditions subsection (a)— and opportunity for a hearing. for approval with respect to the association’s ‘‘(1) the Secretary of Labor shall notify the ‘‘(b) PUBLICATION.—The employer shall petition, no individual producer member of Secretary of Homeland Security of such find- make available for public examination, with- such association may be the beneficiary of ing and may, in addition, impose such other in 1 working day after the date on which a the services of temporary alien agricultural administrative remedies (including civil petition under this section is filed, at the workers admitted under this section in the money penalties in an amount not to exceed employer’s principal place of business or commodity and occupation in which such $1,000 per violation) as the Secretary of worksite, a copy of each such petition (and aliens were employed by the association Labor determines to be appropriate; and such accompanying documents as are nec- which was denied approval during the period ‘‘(2) the Secretary of Homeland Security essary). such denial is in force, unless such producer may disqualify the employer from the em- ‘‘(c) LIST.—The Secretary of Labor shall member employs such aliens in the com- ployment of H–2A workers for a period of 1 compile, on a current basis, a list (by em- modity and occupation in question directly year. ployer) of the petitions filed under sub- or through an association which is a joint ‘‘(i) WILLFUL FAILURES AND WILLFUL MIS- section (a). Such list shall include the wage employer of such workers with the producer REPRESENTATIONS.—If the Secretary of Labor rate, number of aliens sought, period of in- member. finds, after notice and opportunity for a tended employment, and date of need. The ‘‘(f) EXPEDITED ADMINISTRATIVE APPEALS hearing, a willful failure to meet a material Secretary of Labor shall make such list OF CERTAIN DETERMINATIONS.—Regulations condition of subsection (a) or a willful mis- available for public examination in Wash- shall provide for an expedited procedure for representation of a material fact in a peti- ington, District of Columbia. the review of a denial of approval under this tion under subsection (a)— ‘‘(d) SPECIAL RULES FOR CONSIDERATION OF section, or at the applicant’s request, for a ‘‘(1) the Secretary of Labor shall notify the PETITIONS.—The following rules shall apply de novo administrative hearing respecting Secretary of Homeland Security of such find- in the case of the filing and consideration of the denial. ing and may, in addition, impose such other a petition under subsection (a): ‘‘(g) MISCELLANEOUS PROVISIONS.— administrative remedies (including civil ‘‘(1) DEADLINE FOR FILING APPLICATIONS.— ‘‘(1) ENDORSEMENT OF DOCUMENTS.—The money penalties in an amount not to exceed The Secretary of Homeland Security may Secretary of Homeland Security shall pro- $5,000 per violation) as the Secretary of not require that the petition be filed more vide for the endorsement of entry and exit Labor determines to be appropriate; than 28 days before the first date the em- documents of nonimmigrants described in ‘‘(2) the Secretary of Homeland Security ployer requires the labor or services of the section 101(a)(15)(H)(ii)(a) as may be nec- may disqualify the employer from the em- H–2A worker or workers. essary to carry out this section and to pro- ployment of H–2A workers for a period of 2 ‘‘(2) ISSUANCE OF APPROVAL.—Unless the vide notice for purposes of section 274A. years; Secretary of Homeland Security finds that ‘‘(2) PREEMPTION OF STATE LAWS.—The pro- ‘‘(3) for a second violation, the Secretary of the petition is incomplete or obviously inac- visions of subsections (a) and (c) of section Homeland Security may disqualify the em- curate, the Secretary of Homeland Security 214 and the provisions of this section pre- ployer from the employment of H-2A workers shall provide a decision within 7 days of the empt any State or local law regulating ad- for a period of 5 years; and date of the filing of the petition. missibility of nonimmigrant workers. ‘‘(4) for a third violation, the Secretary of ‘‘(e) ROLES OF AGRICULTURAL ASSOCIA- ‘‘(3) FEES.— Homeland Security may permanently dis- TIONS.— ‘‘(A) IN GENERAL.—The Secretary of Home- qualify the employer from the employment ‘‘(1) PERMITTING FILING BY AGRICULTURAL land Security may require, as a condition of of H-2A workers. ASSOCIATIONS.—A petition to hire an alien as approving the petition, the payment of a fee ‘‘(j) DISPLACEMENT OF UNITED STATES a temporary agricultural worker may be in accordance with subparagraph (B) to re- WORKERS.—If the Secretary of Labor finds, filed by an association of agricultural pro- cover the reasonable costs of processing peti- after notice and opportunity for a hearing, a ducers which use agricultural services. tions. willful failure to meet a material condition ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS ‘‘(B) AMOUNTS.— of subsection (a) or a willful misrepresenta- EMPLOYERS.—If an association is a joint or ‘‘(i) EMPLOYER.—The fee for each employer tion of a material fact in a petition under sole employer of temporary agricultural that receives a temporary alien agricultural subsection (a), in the course of which failure workers, such workers may be transferred labor certification shall be equal to $100 plus or misrepresentation the employer displaced among its producer members to perform ag- $10 for each job opportunity for H–2A work- a United States worker employed by the em- ricultural services of a temporary or sea- ers certified, provided that the fee to an employer during the period of employment on sonal nature for which the petition was ap- ployer for each temporary alien agricultural the employer’s petition under subsection (a) proved. labor certification received shall not exceed or during the period of 30 days preceding ‘‘(3) STATEMENT OF LIABILITY.—The applica- $1,000. such period of employment— tion form shall include a clear statement ex- ‘‘(ii) JOINT EMPLOYER ASSOCIATION.—In the ‘‘(1) the Secretary of Labor shall notify the plaining the liability under this section of an case of a joint employer association that re- Secretary of Homeland Security of such find- employer who places an H–2A worker with ceives a temporary alien agricultural labor ing and may, in addition, impose such other

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3703 administrative remedies (including civil cupation in the area of intended employment the area of intended employment for mi- money penalties in an amount not to exceed that has been conducted or funded by the grant farm workers, and H–2A workers, who $15,000 per violation) as the Secretary of employer or a group of employers, that are seeking temporary housing while em- Labor determines to be appropriate; meets criteria specified by the Secretary of ployed at farm work. Such certification shall ‘‘(2) the Secretary of Homeland Security Labor in regulations. expire after 3 years unless renewed by the may disqualify the employer from the em- ‘‘(D) An employer who obtains such pre- Governor of the State. ployment of H–2A workers for a period of 5 vailing wage determination, or who relies on ‘‘(vi) AMOUNT OF ALLOWANCE.— years; and a qualifying survey of prevailing wages, and ‘‘(I) NONMETROPOLITAN COUNTIES.—If the ‘‘(3) for a second violation, the Secretary of who pays the wage determined to be pre- place of employment of the workers provided Homeland Security may permanently dis- vailing, shall be considered to have complied an allowance under this subparagraph is a qualify the employer from the employment with the requirement of subparagraph (A). nonmetropolitan county, the amount of the of H–2A workers. ‘‘(E) No worker shall be paid less than the housing allowance under this subparagraph greater of the prevailing wage or the applica- ‘‘(k) LIMITATIONS ON CIVIL MONEY PEN- shall be equal to the statewide average fair ALTIES.—The Secretary of Labor shall not ble State minimum wage. market rental for existing housing for non- impose total civil money penalties with re- ‘‘(3) REQUIREMENT TO PROVIDE HOUSING OR A metropolitan counties for the State, as es- spect to a petition under subsection (a) in ex- HOUSING ALLOWANCE.— tablished by the Secretary of Housing and cess of $90,000. ‘‘(A) IN GENERAL.—An employer applying ‘‘(l) FAILURES TO PAY WAGES OR REQUIRED for workers under subsection (a) shall offer Urban Development pursuant to section 8(c) BENEFITS.—If the Secretary of Labor finds, to provide housing at no cost to all workers of the United States Housing Act of 1937 (42 after notice and opportunity for a hearing, in job opportunities for which the employer U.S.C. 1437f(c)), based on a 2-bedroom dwell- that the employer has failed to pay the has applied under that section and to all ing unit and an assumption of 2 persons per wages, or provide the housing allowance, other workers in the same occupation at the bedroom. transportation, subsistence reimbursement, place of employment, whose place of resi- ‘‘(II) METROPOLITAN COUNTIES.—If the place or guarantee of employment required under dence is beyond normal commuting distance. of employment of the workers provided an subsection (a)(2), the Secretary of Labor ‘‘(B) TYPE OF HOUSING.—In complying with allowance under this paragraph is in a met- shall assess payment of back wages, or other subparagraph (A), an employer may, at the ropolitan county, the amount of the housing required benefits, due any United States employer’s election, provide housing that allowance under this subparagraph shall be worker or H–2A worker employed by the em- meets applicable Federal standards for tem- equal to the statewide average fair market ployer in the specific employment in ques- porary labor camps or secure housing that rental for existing housing for metropolitan tion. The back wages or other required bene- meets applicable local standards for rental counties for the State, as established by the fits under subsection (a)(2) shall be equal to or public accommodation housing, or other Secretary of Housing and Urban Develop- the difference between the amount that substantially similar class of habitation, or ment pursuant to section 8(c) of the United should have been paid and the amount that in the absence of applicable local standards, States Housing Act of 1937 (42 U.S.C. actually was paid to such worker. State standards for rental or public accom- 1437f(c)), based on a 2-bedroom dwelling unit ‘‘(m) MINIMUM BENEFITS, WAGES, AND modation housing or other substantially and an assumption of 2 persons per bedroom. ORKING ONDITIONS W C .— similar class of habitation. In the absence of ‘‘(G) EXEMPTION.—An employer applying ‘‘(1) PREFERENTIAL TREATMENT OF ALIENS applicable State or local standards, Federal for workers under subsection (a) whose pri- PROHIBITED.— temporary labor camp standards shall apply. mary job site is located 150 miles or less ‘‘(A) IN GENERAL.—Employers seeking to ‘‘(C) CERTIFICATE OF INSPECTION.—Prior to from the United States border shall not be hire United States workers shall offer the any occupation by a worker in housing de- required to provide housing or a housing al- United States workers not less than the scribed in subparagraph (B), the employer lowance. same benefits, wages, and working condi- shall submit a certificate of inspection by an ‘‘(4) REIMBURSEMENT OF TRANSPORTATION.— tions that the employer is offering, intends approved Federal or State agency to the Sec- ‘‘(A) TO PLACE OF EMPLOYMENT.— to offer, or will provide to H–2A workers. retary of Labor. ‘‘(i) IN GENERAL.—A worker who completes Conversely, no job offer may impose on ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- 50 percent of the period of employment of the United States workers any restrictions or DUCTION OF LIVESTOCK.—The Secretary of job opportunity for which the worker was obligations which will not be imposed on the Labor shall issue regulations that address hired, measured from the worker’s first day employer’s H–2A workers. the specific requirements for the provision of of work in such employment, shall be reim- ‘‘(B) INTERPRETATIONS AND DETERMINA- housing to workers engaged in the range pro- bursed by the employer for the cost of the TIONS.—While benefits, wages, and other duction of livestock. worker’s transportation and subsistence terms and conditions of employment speci- ‘‘(E) LIMITATION.—Nothing in this para- from the place from which the worker was fied in this subsection are required to be pro- graph shall be construed to require an em- approved to enter the United States to work vided in connection with employment under ployer to provide or secure housing for per- for the employer (or place of last employ- this section, every interpretation and deter- sons who were not entitled to such housing ment, if the worker traveled from such mination made under this Act or under any under the temporary labor certification reg- place) to the place of employment by the em- other law, regulation, or interpretative pro- ulations in effect on June 1, 1986. ployer. vision regarding the nature, scope, and tim- ‘‘(F) HOUSING ALLOWANCE AS ALTER- ‘‘(ii) OTHER FEES.—The employer shall not ing of the provision of these and any other NATIVE.— be required to reimburse visa, passport, con- benefits, wages, and other terms and condi- ‘‘(i) IN GENERAL.—The employer may pro- tions of employment shall be made in con- vide a reasonable housing allowance in lieu sular, or international border-crossing fees formance with the governing principles that of offering housing under subparagraph (A) if or any other fees associated with the work- the services of workers to their employers the requirement under clause (v) is satisfied. er’s lawful admission into the United States and the employment opportunities afforded ‘‘(ii) ASSISTANCE TO LOCATE HOUSING.—Upon to perform employment that may be in- to workers by their employers, including the request of a worker seeking assistance in curred by the worker. those employment opportunities that require locating housing, the employer shall make a ‘‘(iii) TIMELY REIMBURSEMENT.—Reimburse- United States workers or H–2A workers to good-faith effort to assist the worker in lo- ment to the worker of expenses for the cost travel or relocate in order to accept or per- cating housing in the area of intended em- of the worker’s transportation and subsist- form employment, mutually benefit such ployment. ence to the place of employment shall be workers, as well as their families, and em- ‘‘(iii) LIMITATION.—A housing allowance considered timely if such reimbursement is ployers, principally benefitting neither, and may not be used for housing which is owned made not later than the worker’s first reg- that employment opportunities within the or controlled by the employer. An employer ular payday after the worker completes 50 United States further benefit the United who offers a housing allowance to a worker, percent of the period of employment of the States economy as a whole and should be en- or assists a worker in locating housing which job opportunity as provided under this para- couraged. the worker occupies, pursuant to this clause graph. ‘‘(2) REQUIRED WAGES.— shall not be deemed a housing provider under ‘‘(B) FROM PLACE OF EMPLOYMENT.—A ‘‘(A) An employer applying for workers section 203 of the Migrant and Seasonal Agri- worker who completes the period of employ- under subsection (a) shall offer to pay, and cultural Worker Protection Act (29 U.S.C. ment for the job opportunity involved shall shall pay, all workers in the occupation for 1823) solely by virtue of providing such hous- be reimbursed by the employer for the cost which the employer has applied for workers, ing allowance. of the worker’s transportation and subsist- not less than the prevailing wage. ‘‘(iv) REPORTING REQUIREMENT.—The em- ence from the place from which the worker ‘‘(B) In complying with subparagraph (A), ployer must provide the Secretary of Labor was approved to enter the United States to an employer may request and obtain a pre- with a list of the names of all workers as- work for the employer. vailing wage determination from the State sisted under this subparagraph and the local ‘‘(C) LIMITATION.— employment security agency. address of each such worker. ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except ‘‘(C) In lieu of the procedure described in ‘‘(v) CERTIFICATION.—The requirement of as provided in clause (ii), the amount of re- subparagraph (B), an employer may rely on this clause is satisfied if the Governor of the imbursement provided under subparagraph other wage information, including a survey State certifies to the Secretary of Labor (A) or (B) to a worker or alien shall not ex- of the prevailing wages of workers in the oc- that there is adequate housing available in ceed the lesser of—

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3704 CONGRESSIONAL RECORD — SENATE April 14, 2005 ‘‘(I) the actual cost to the worker or alien to the termination of employment. In such rity required by subsection (q)(2), the Sec- of the transportation and subsistence in- cases, the employer will make efforts to retary of State shall promptly issue a visa volved; or transfer the United States worker to other to, and the Secretary of Homeland Security ‘‘(II) the most economical and reasonable comparable employment acceptable to the shall admit into the United States, an eligi- common carrier transportation charges and worker. ble alien designated by the employer to re- subsistence costs for the distance involved. ‘‘(n) PETITIONING FOR ADMISSION.—An em- place an H–2A worker who abandons or pre- ‘‘(ii) DISTANCE TRAVELED.—No reimburse- ployer, or an association acting as an agent maturely terminates employment. ment under subparagraph (A) or (B) shall be or joint employer for its members, that ‘‘(2) CONSTRUCTION.—Nothing in this sub- required if the distance traveled is 100 miles seeks the admission into the United States section shall limit any preference required or less or if the worker is not residing in em- of an H–2A worker must file a petition with to be accorded United States workers under ployer-provided housing or housing secured the Secretary of Homeland Security. The pe- any other provision of this Act. through an allowance as provided in para- tition shall include the attestations for the ‘‘(s) IDENTIFICATION DOCUMENT.— graph (3). certification described in section ‘‘(1) IN GENERAL.—The Department of ‘‘(D) EARLY TERMINATION.—If the worker is 101(a)(15)(H)(ii)(a). Homeland Security shall provide each alien laid off or employment is terminated for ‘‘(o) EXPEDITED ADJUDICATION BY THE SEC- authorized to be admitted under section contract impossibility (as described in para- RETARY.—The Secretary of Homeland Secu- 101(a)(15)(H)(ii)(a) with a single machine- graph (5)(D)) before the anticipated ending rity— readable, tamper-resistant, and counterfeit- date of employment, the employer shall pro- ‘‘(1) shall establish a procedure for expe- resistant document that— vide the transportation and subsistence re- dited adjudication of petitions filed under ‘‘(A) authorizes the alien’s entry into the quired by subparagraph (B) and, notwith- subsection (n); and United States; and standing whether the worker has completed ‘‘(2) not later than 7 working days after ‘‘(B) serves, for the appropriate period, as 50 percent of the period of employment, shall such filing shall, by fax, cable, or other an employment eligibility document. provide the transportation reimbursement means assuring expedited delivery transmit ‘‘(2) REQUIREMENTS.—No identification and required by subparagraph (A). a copy of notice of action on the petition— employment eligibility document may be ‘‘(E) TRANSPORTATION BETWEEN LIVING ‘‘(A) to the petitioner; and issued which does not meet the following re- QUARTERS AND WORKSITE.—The employer ‘‘(B) in the case of approved petitions, to quirements: shall provide transportation between the the appropriate immigration officer at the ‘‘(A) The document shall be capable of reli- worker’s living quarters (such as housing port of entry or United States consulate ably determining whether— provided by the employer pursuant to para- where the petitioner has indicated that the ‘‘(i) the individual with the identification graph (3), including housing provided alien beneficiary or beneficiaries will apply and employment eligibility document whose through a housing allowance) and the em- for a visa or admission to the United States. eligibility is being verified is in fact eligible ployer’s worksite without cost to the work- ‘‘(p) DISQUALIFICATION.— for employment; er, and such transportation will be in accord- ‘‘(1) Subject to paragraph (2), an alien shall ‘‘(ii) the individual whose eligibility is ance with applicable laws and regulations. be considered inadmissible to the United being verified is claiming the identity of an- ‘‘(5) GUARANTEE OF EMPLOYMENT.— States and ineligible for nonimmigrant sta- other person; and ‘‘(A) OFFER TO WORKER.—The employer tus under section 101(a)(15)(H)(ii)(a) if the ‘‘(iii) the individual whose eligibility is shall guarantee to offer the worker employ- alien has, at any time during the past 5 being verified is authorized to be admitted ment for the hourly equivalent of at least 75 years, violated a term or condition of admis- into, and employed in, the United States as percent of the work days of the total period sion into the United States as a non- an H–2A worker. of employment, beginning with the first immigrant, including overstaying the period ‘‘(B) The document shall— work day after the arrival of the worker at of authorized admission. ‘‘(i) be compatible with other databases of the place of employment and ending on the ‘‘(2) WAIVERS.— the Secretary of Homeland Security for the expiration date specified in the job offer. For ‘‘(A) IN GENERAL.—An alien outside the purpose of excluding aliens from benefits for purposes of this subparagraph, the hourly United States, and seeking admission under which they are not eligible and determining equivalent means the number of hours in the section 101(a)(15)(H)(ii)(a), shall not be whether the alien is unlawfully present in work days as stated in the job offer and shall deemed inadmissible under such section by the United States; and exclude the worker’s Sabbath and Federal reason of paragraph (1) or section 212(a)(9)(B) ‘‘(ii) be compatible with law enforcement holidays. If the employer affords the United if the previous violation occurred on or be- databases to determine if the alien has been States or H–2A worker less employment than fore April 1, 2005. convicted of criminal offenses. that required under this subparagraph, the ‘‘(B) LIMITATION.—In any case in which an ‘‘(t) EXTENSION OF STAY OF H–2A WORKERS employer shall pay such worker the amount alien is admitted to the United States upon IN THE UNITED STATES.— which the worker would have earned had the having a ground of inadmissibility waived ‘‘(1) EXTENSION OF STAY.— worker, in fact, worked for the guaranteed under subparagraph (A), such waiver shall be ‘‘(A) IN GENERAL.—An employer may seek number of hours. considered to remain in effect unless the up to 2 10-month extensions under this sub- ‘‘(B) FAILURE TO WORK.—Any hours which alien again violates a material provision of section. the worker fails to work, up to a maximum this section or otherwise violates a term or ‘‘(B) PETITION.—If an employer seeks to of the number of hours specified in the job condition of admission into the United employ an H–2A worker who is lawfully offer for a work day, when the worker has States as a nonimmigrant, in which case present in the United States, the petition been offered an opportunity to do so, and all such waiver shall terminate. filed by the employer or an association pur- hours of work actually performed (including ‘‘(q) ABANDONMENT OF EMPLOYMENT.— suant to subsection (n) shall request an ex- voluntary work in excess of the number of ‘‘(1) IN GENERAL.—An alien admitted or tension of the alien’s stay. hours specified in the job offer in a work day, provided status under section ‘‘(C) COMMENCEMENT; MAXIMUM PERIOD.—An on the worker’s Sabbath, or on Federal holi- 101(a)(15)(H)(ii)(a) who abandons the employ- extension of stay under this subsection— days) may be counted by the employer in ment which was the basis for such admission ‘‘(i) may only commence upon the termi- calculating whether the period of guaranteed or status shall be considered to have failed nation of the H–2A worker’s contract with an employment has been met. to maintain nonimmigrant status as an H–2A employer; and ‘‘(C) ABANDONMENT OF EMPLOYMENT; TERMI- worker and shall depart the United States or ‘‘(ii) may not exceed 10 months unless the NATION FOR CAUSE.—If the worker voluntarily be subject to removal under section employer files a written request for up to an abandons employment before the end of the 237(a)(1)(C)(i). additional 30 days accompanied by justifica- contract period, or is terminated for cause, ‘‘(2) REPORT BY EMPLOYER.—The employer tion that the need for such additional time is the worker is not entitled to the 75 percent (or association acting as agent for the em- necessitated by adverse weather conditions, guarantee described in subparagraph (A). ployer) shall notify the Secretary of Home- acts of God, or economic hardship beyond ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before land Security within 7 days of an H–2A work- the control of the employer. the expiration of the period of employment er’s having prematurely abandoned employ- ‘‘(D) FUTURE ELIGIBILITY.—At the conclu- specified in the job offer, the services of the ment. sion of 3 10-month employment periods au- worker are no longer required for reasons be- ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- thorized under this section, the alien so em- yond the control of the employer due to any retary of Homeland Security shall promptly ployed may not be employed in the United form of natural disaster (including a flood, remove from the United States any H–2A States as an H–2A worker until the alien has hurricane, freeze, earthquake, fire, or worker who violates any term or condition returned to the alien’s country of nation- drought), plant or animal disease, pest infes- of the worker’s nonimmigrant status. ality or country of last residence for not less tation, or regulatory action, before the em- ‘‘(4) VOLUNTARY TERMINATION.—Notwith- than 6 months. ployment guarantee in subparagraph (A) is standing paragraph (1), an alien may volun- ‘‘(2) WORK AUTHORIZATION UPON FILING PETI- fulfilled, the employer may terminate the tarily terminate his or her employment if TION FOR EXTENSION OF STAY.— worker’s employment. In the event of such the alien promptly departs the United States ‘‘(A) IN GENERAL.—An alien who is lawfully termination, the employer shall fulfill the upon termination of such employment. present in the United States may commence employment guarantee in subparagraph (A) ‘‘(r) REPLACEMENT OF ALIEN.— or continue the employment described in a for the work days that have elapsed from the ‘‘(1) IN GENERAL.—Upon presentation of the petition under paragraph (1) on the date on first work day after the arrival of the worker notice to the Secretary of Homeland Secu- which the petition is filed. The employer

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shall provide a copy of the employer’s peti- ‘‘(B) CONSTRUCTION.—Nothing in this para- ‘‘(2) the term ‘blue card status’ means the tion to the alien, who shall keep the petition graph is intended to limit an employee’s status of an alien who has been— with the alien’s identification and employ- rights under a collective bargaining agree- ‘‘(A) lawfully admitted for a temporary pe- ment eligibility document, as evidence that ment or other employment contract. riod under subsection (b); and the petition has been filed and that the alien ‘‘(6) PREVAILING WAGE.—The term ‘pre- ‘‘(B) issued a tamper-resistant, machine- is authorized to work in the United States. vailing wage’ means, with respect to an agri- readable document that serves as the alien’s ‘‘(B) APPROVAL.—Upon approval of a peti- cultural occupation in an area of intended visa, employment authorization, and travel tion for an extension of stay or change in the employment, the rate of wages that includes documentation and contains such biometrics alien’s authorized employment, the Sec- the 51st percentile of employees with similar as are required by the Secretary; retary of Homeland Security shall provide a experience and qualifications in the agricul- ‘‘(3) the term ‘employer’ means any person new or updated employment eligibility docu- tural occupation in the area of intended em- or entity, including any farm labor con- ment to the alien indicating the new validity ployment, expressed in terms of the pre- tractor and any agricultural association, date, after which the alien is not required to vailing method of pay for the occupation in that employs workers in agricultural em- retain a copy of the petition. the area of intended employment. ployment; ‘‘(C) DEFINITION.—In this paragraph, the ‘‘(7) UNITED STATES WORKER.—The term ‘‘(4) the term ‘Secretary’ means the Sec- term ‘file’ means sending the petition by cer- ‘United States worker’ means any worker, retary of Homeland Security; tified mail via the United States Postal whether a United States citizen or national, ‘‘(5) the term ‘small employer’ means an Service, return receipt requested, or deliv- a lawfully admitted permanent resident employer employing fewer than 500 employ- ered by guaranteed commercial delivery alien, or any other alien authorized to work ees based upon the average number of em- which will provide the employer with a docu- in the relevant job opportunity within the ployees for each of the pay periods for the mented acknowledgment of the date of re- United States, except— preceding 10 calendar months, including the ceipt of the petition. ‘‘(A) an alien admitted or otherwise pro- period in which the employer employed H–2A ‘‘(u) SPECIAL RULE FOR ALIENS EMPLOYED vided status under section 101(a)(15)(H)(ii)(a); workers; and AS SHEEPHERDERS, GOATHERDERS, OR DAIRY and ‘‘(6) the term ‘United States worker’ means WORKERS.—Notwithstanding any other provi- ‘‘(B) an alien provided status under section any worker, whether a United States citizen sion of this section, an alien admitted under 220.’’. or national, a lawfully admitted permanent section 101(a)(15)(H)(ii)(a) for employment as resident alien, or any other alien authorized a sheepherder, goatherder, or dairy worker SEC. 712. LEGAL ASSISTANCE PROVIDED BY THE LEGAL SERVICES CORPORATION. to work in the relevant job opportunity may be admitted for a period of up to 2 Section 305 of the Immigrant Reform and within the United States, except— years. Control Act of 1986 (8 U.S.C. 1101 note) is ‘‘(v) DEFINITIONS.—For purposes of this sec- ‘‘(A) an alien admitted or otherwise pro- tion: amended— vided status under section 101(a)(15)(H)(ii)(a); (1) by striking ‘‘A nonimmigrant’’ and in- ‘‘(1) AREA OF EMPLOYMENT.—The term ‘area and of employment’ means the area within nor- serting the following: ‘‘(B) an alien provided status under this ‘‘(a) IN GENERAL.—A nonimmigrant’’; and mal commuting distance of the worksite or section. (2) by adding at the end the following: physical location where the work of the H– ‘‘(b) BLUE CARD PROGRAM.— ‘‘(b) LEGAL ASSISTANCE.—The Legal Serv- 2A worker is or will be performed. If such ‘‘(1) BLUE CARD PROGRAM.—Notwith- ices Corporation may not provide legal as- worksite or location is within a Metropoli- standing any other provision of law, the Sec- sistance for or on behalf of any alien, and tan Statistical Area, any place within such retary shall confer blue card status upon an may not provide financial assistance to any area is deemed to be within the area of em- alien who qualifies under this subsection if person or entity that provides legal assist- ployment. the Secretary determines that the alien— ance for or on behalf of any alien, unless the ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligi- ‘‘(A) has been in the United States con- alien— ble individual’ means, with respect to em- tinuously as of April 1, 2005; ‘‘(1) is present in the United States at the ployment, an individual who is not an unau- ‘‘(B) has performed more than 50 percent of time the legal assistance is provided; and thorized alien (as defined in section total annual weeks worked in agricultural ‘‘(2) is an alien to whom subsection (a) ap- 274A(h)(3)) with respect to that employment. employment in the United States (except in plies.’’ ‘‘(3) DISPLACE.—In the case of a petition the case of a child provided derivative status ‘‘(c) REQUIRED MEDIATION.—No party may with respect to 1 or more H–2A workers by bring a civil action for damages on behalf of as of April 1, 2005); an employer, the employer is considered to a nonimmigrant described in section ‘‘(C) is otherwise admissible to the United ‘displace’ a United States worker from a job 101(a)(15)(H)(ii)(a) of the Immigration and States under section 212, except as otherwise if the employer lays off the worker from a Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) provided under paragraph (2); and job that is essentially the equivalent of the or pursuant to those in the Blue Card Pro- ‘‘(D) is the beneficiary of a petition filed by job for which the H–2A worker or workers is gram established under section 220 of such an employer, as described in paragraph (3). or are sought. A job shall not be considered Act, unless at least 90 days before bringing ‘‘(2) WAIVER OF CERTAIN GROUNDS FOR INAD- to be essentially equivalent of another job the action a request has been made to the MISSIBILITY.—In determining an alien’s eligi- unless it involves essentially the same re- Federal Mediation and Conciliation Service bility for blue card status under paragraph sponsibilities, was held by a United States to assist the parties in reaching a satisfac- (1)(C)— worker with substantially equivalent quali- tory resolution of all issues involving all ‘‘(A) the provisions of paragraphs (5), fications and experience, and is located in parties to the dispute and mediation has (6)(A), (7)(A), and (9)(B) of section 212(a) shall the same area of employment as the other been attempted.’’. not apply; job. ‘‘(B) the provisions of section 212(a)(6)(C) Subtitle B—Blue Card Status ‘‘(4) H–2A WORKER.—The term ‘H–2A work- shall not apply with respect to prior or cur- er’ means a nonimmigrant described in sec- SEC. 721. BLUE CARD PROGRAM. rent agricultural employment; and tion 101(a)(15)(H)(ii)(a). (a) IN GENERAL.—Chapter 2 of title II of the ‘‘(C) the Secretary may not waive para- ‘‘(5) LAYS OFF.— Immigration and Nationality Act (8 U.S.C. graph (1), (2), or (3) of section 212(a) unless ‘‘(A) IN GENERAL.—The term ‘lays off’, with 1181 et seq.) is amended by adding at the end such waiver is permitted under another pro- respect to a worker— the following: vision of law. ‘‘(i) means to cause the worker’s loss of ‘‘BLUE CARD PROGRAM ‘‘(3) PETITIONS.— employment, other than through a discharge ‘‘SEC. 220. (a) DEFINITIONS.—As used in this ‘‘(A) IN GENERAL.—An employer seeking for inadequate performance, violation of section— blue card status under this section for an workplace rules, cause, voluntary departure, ‘‘(1) the term ‘agricultural employment’— alien employee shall file a petition for blue voluntary retirement, or the expiration of a ‘‘(A) means any service or activity that is card status with the Secretary. grant or contract (other than a temporary considered to be agricultural under section ‘‘(B) EMPLOYER PETITION.—An employer fil- employment contract entered into in order 3(f) of the Fair Labor Standards Act of 1938 ing a petition under subparagraph (A) shall— to evade a condition described in paragraph (29 U.S.C. 203(f)) or agricultural labor under ‘‘(i) pay a registration fee of— (3) or (7) of subsection (a); but section 3121(g) of the Internal Revenue Code ‘‘(I) $1,000, if the employer employs more ‘‘(ii) does not include any situation in of 1986; and than 500 employees; or which the worker is offered, as an alter- ‘‘(B) includes any service or activity de- ‘‘(II) $500, if the employer is a small em- native to such loss of employment, a similar scribed in— ployer employing 500 or fewer employees; employment opportunity with the same em- ‘‘(i) title 37, 37–3011, or 37–3012 (relating to ‘‘(ii) pay a processing fee to cover the ac- ployer (or, in the case of a placement of a landscaping) of the Department of Labor tual costs incurred in adjudicating the peti- worker with another employer under sub- 2004–2005 Occupational Information Network tion; and section (a)(7), with either employer described Handbook; ‘‘(iii) attest that the employer conducted in such subsection) at equivalent or higher ‘‘(ii) title 45 (relating to farming fishing, adequate recruitment in the metropolitan compensation and benefits than the position and forestry) of such handbook; or statistical area of intended employment be- from which the employee was discharged, re- ‘‘(iii) title 51, 51–3022, or 51–3023 (relating to fore filing the attestation and was unsuc- gardless of whether or not the employee ac- meat, poultry, fish processors and packers) cessful in locating qualified United States cepts the offer. of such handbook. workers for the job opportunity for which

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3706 CONGRESSIONAL RECORD — SENATE April 14, 2005 the certification is sought, which attestation ‘‘(II) claiming the identify of another per- ditional attestation to such an employment shall be valid for a period of 60 days. son; and classification with the filing of a petition. ‘‘(C) RECRUITMENT.— ‘‘(III) authorized to be admitted; and ‘‘(C) REPORTING REQUIREMENT.—If an alien ‘‘(i) The adequate recruitment requirement ‘‘(ii) compatible with— with blue card status ceases to be employed under subparagraph (B)(iii) is satisfied if the ‘‘(I) other databases maintained by the by an employer, such employer shall imme- employer— Secretary for the purpose of excluding aliens diately notify the Secretary of such ces- ‘‘(I) places a job order with America’s Job from benefits for which they are not eligible sation of employment. The Secretary shall Bank Program of the Department of Labor; and determining whether the alien is unlaw- provide electronic means for making such and fully present in the United States; and notification. ‘‘(II) places a Sunday advertisement in a ‘‘(II) law enforcement databases to deter- ‘‘(D) LOSS OF EMPLOYMENT.— newspaper of general circulation or an adver- mine if the alien has been convicted of crimi- ‘‘(i) An alien’s blue card status shall termi- tisement in an appropriate trade journal or nal offenses. nate if the alien is unemployed for 60 or ethnic publication that is likely to be pa- ‘‘(C) AUTHORIZED TRAVEL.—During the pe- more consecutive days. tronized by a potential worker in the metro- riod an alien is in blue card status granted ‘‘(ii) An alien whose period of authorized politan statistical area of intended employ- under this section and pursuant to regula- admission terminates under clause (i) shall ment. tions established by the Secretary, the alien be required to return to the country of the ‘‘(ii) An advertisement under clause (i)(II) may make brief visits outside the United alien’s nationality or last residence. shall— States. An alien may be readmitted to the ‘‘(6) GROUNDS FOR INELIGIBILITY.— United States after such a visit without hav- ‘‘(I) name the employer; ‘‘(A) BAR TO FUTURE VISAS FOR CONDITION ing to obtain a visa if the alien presents the ‘‘(II) direct applicants to report or send re- VIOLATIONS.—Any alien having blue card sta- alien’s blue card document. Such periods of sumes, as appropriate for the occupation, to tus shall not again be eligible for the same time spent outside the United States shall the employer; blue card status if the alien violates any not cause the period of blue card status in ‘‘(III) provide a description of the vacancy term or condition of such status. the United States to be extended. that is specific enough to apprise United ‘‘(B) ALIENS UNLAWFULLY PRESENT.—Any ‘‘(D) PORTABILITY.— States workers of the job opportunity for alien who enters the United States after ‘‘(i) During the period in which an alien is April 1, 2005, without being admitted or pa- which certification is sought; in blue card status, the alien issued a blue ‘‘(IV) describe the geographic area with roled shall be ineligible for blue card status. card may accept new employment upon the ‘‘(C) ALIENS IN H–2A STATUS.—Any alien in enough specificity to apprise applicants of Secretary’s receipt of a petition filed by an any travel requirements and where appli- lawful H–2A status as of April 1, 2005, shall be employer on behalf of the alien. Employment ineligible for blue card status. cants will likely have to reside to perform authorization shall continue for such alien ‘‘(7) BAR ON CHANGE OR ADJUSTMENT OF STA- the job; until such petition is adjudicated. TUS.— ‘‘(V) state the rate of pay, which must ‘‘(ii) If a petition filed under clause (i) is equal or exceed the wage paid for the occupa- ‘‘(A) IN GENERAL.—An alien having blue denied and the alien has ceased employment card status shall not be eligible to change or tion in the area of intended employment; and with the previous employer, the authoriza- ‘‘(VI) offer wages, terms, and conditions of adjust status in the United States or obtain tion under clause (i) shall terminate and the a different nonimmigrant or immigrant visa employment, which are at least as favorable alien shall be required to return to the coun- from a United States Embassy or consulate. as those offered to the alien. try of the alien’s nationality or last resi- ‘‘(B) LOSS OF ELIGIBILITY.—An alien having ‘‘(D) NOTIFICATION OF DENIAL.—The Sec- dence. blue card status shall lose eligibility for such retary shall provide notification of a denial ‘‘(iii) A fee may be required by the Sec- status if the alien— of a petition filed for an alien to the alien retary to cover the actual costs incurred in ‘‘(i) files a petition to adjust status to legal and the employer who filed such petition. adjudicating a petition under this subpara- permanent residence in the United States; or ‘‘(E) EFFECT OF DENIAL.—If the Secretary graph. No other fee may be required under ‘‘(ii) requests a consular processing for an denies a petition filed for an alien, such alien this subparagraph. immigrant visa outside the United States. shall return to the country of the alien’s na- ‘‘(iv) A petition by an employer under this ‘‘(C) EXCEPTION.—An alien having blue card tionality or last residence outside the United subparagraph may not be accepted within 90 States. days after the adjudication of a previous pe- status may not adjust status to legal perma- ‘‘(4) BLUE CARD STATUS.— tition on behalf of an alien. nent resident status or obtain another nonimmigrant or immigrant status unless— ‘‘(A) BLUE CARD.— ‘‘(E) ANNUAL CHECK IN.—The employer of ‘‘(i) ALL-IN-ONE CARD.—The Secretary, in an alien in blue card status who has been ‘‘(i)(I) the alien renounces his or her blue conjunction with the Secretary of State, employed for 1 year in blue card status shall card status by providing written notification shall develop a single machine-readable, confirm the alien’s continued employment to the Secretary of Homeland Security or tamper-resistant document that— status with the Secretary electronically or the Secretary of State; or ‘‘(I) authorizes the alien’s entry into the in writing. Such confirmation will not re- ‘‘(II) the alien’s blue card status otherwise United States; quire a further labor attestation. expires; and ‘‘(II) serves, during the period an alien is in ‘‘(F) TERMINATION OF BLUE CARD STATUS.— ‘‘(ii) the alien has resided and been phys- blue card status, as an employment author- ‘‘(i) During the period of blue card status ically present in the alien’s country of na- ized endorsement or other appropriate work granted an alien, the Secretary may termi- tionality or last residence for not less than 1 permit for agricultural employment only; nate such status upon a determination by year after leaving the United States and the and the Secretary that the alien is deportable or renouncement or expiration of blue card sta- ‘‘(III) serves as an entry and exit document has become inadmissible. tus. to be used in conjunction with a proper visa ‘‘(ii) The Secretary may terminate blue ‘‘(8) JUDICIAL REVIEW.—There shall be no or as a visa and as other appropriate travel card status granted to an alien if— judicial review of a denial of blue card sta- and entry documentation using biometric ‘‘(I) the Secretary determines that, with- tus. identifiers that meet the biometric identifier out the appropriate waiver, the granting of ‘‘(c) SAFE HARBOR.— standards jointly established by the Sec- blue card status was the result of fraud or ‘‘(1) SAFE HARBOR OF ALIEN.—An alien for retary of State and the Secretary. willful misrepresentation (as described in whom a nonfrivolous petition is filed under ‘‘(ii) BIOMETRICS.— section 212(a)(6)(C)(i)); this section— ‘‘(I) After a petition is filed by an employer ‘‘(II) the alien is convicted of a felony or a ‘‘(A) shall be granted employment author- and receipt of such petition is confirmed by misdemeanor committed in the United ization pending final adjudication of the pe- the Secretary, the alien, in order to further States; or tition; adjudicate the petition, shall submit 2 bio- ‘‘(III) the Secretary determines that the ‘‘(B) may not be detained, determined in- metric identifiers, as required by the Sec- alien is deportable or inadmissible under any admissible or deportable, or removed pend- retary, at an Application Support Center. other provision of this Act. ing final adjudication of the petition for ‘‘(II) The Secretary shall prescribe a proc- ‘‘(5) PERIOD OF AUTHORIZED ADMISSION.— change in status, unless the alien commits ess for the submission of a biometric identi- ‘‘(A) IN GENERAL.—The initial period of au- an act which renders the alien ineligible for fier to be incorporated electronically into an thorized admission for an alien with blue such change of status; and employer’s prior electronic filing of a peti- card status shall be not more than 3 years. ‘‘(C) may not be considered an unauthor- tion. The Secretary shall prescribe an alter- The employer of such alien may petition for ized alien as defined in section 274A(h)(3) native process for employers to file a peti- extensions of such authorized admission for 2 until such time as the petition for status is tion in a manner other than electronic filing, additional periods of not more than 3 years adjudicated. as needed. each. ‘‘(2) SAFE HARBOR FOR EMPLOYER.—An em- ‘‘(B) DOCUMENT REQUIREMENTS.—The Sec- ‘‘(B) EXCEPTION.—The limit on renewals ployer that files a petition for blue card sta- retary shall issue a blue card that is— shall not apply to a nonimmigrant in a posi- tus for an alien shall not be subject to civil ‘‘(i) capable of reliably determining if the tion of full-time, non-temporary employ- and criminal tax liability relating directly individual with the blue card whose eligi- ment who has managerial or supervisory re- to the employment of such alien. An em- bility is being verified is— sponsibilities. The employer of such non- ployer that provides unauthorized aliens ‘‘(I) eligible for employment; immigrant shall be required to make an ad- with copies of employment records or other

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3707 evidence of employment pursuant to the pe- compensation of any unresolved claim of any H.R. 1268, making emergency supple- tition shall not be subject to civil and crimi- United States national who was victimized mental appropriations for the fiscal nal liability pursuant to section 274A for em- by acts of terrorism committed by the year ending September 30, 2005, to es- ploying such unauthorized aliens. former Iraqi regime, including hostage-tak- tablish and rapidly implement regula- ‘‘(d) TREATMENT OF SPOUSES AND CHIL- ing and torture committed during the period tions for State driver’s license and DREN.— between the Iraqi invasion of Kuwait on Au- ‘‘(1) SPOUSES.—A spouse of an alien having gust 2, 1990 and the conclusion of the First identification document security blue card status shall not be eligible for de- Persian Gulf War on February 25, 1991; and standards, to prevent terrorists from rivative status by accompanying or fol- (b) seek compensation from responsible abusing the asylum laws of the United lowing to join the alien. Such a spouse may parties for any United States civilian who States, to unify terrorism-related obtain status based only on an independent has been victimized by acts of terror com- grounds for inadmissibility and re- petition filed by an employer petitioning mittee in response to U.S. foreign and mili- moval, to ensure expeditious construc- tary policy in Iraq since March 21, 2003. under subsection (b)(3) with respect to the tion of the San Diego border fence, and employment of the spouse. for other purposes; which was ordered ‘‘(2) CHILDREN.—A child of an alien having SA 434. Mr. CHAMBLISS submitted blue card status shall not be eligible for the an amendment intended to be proposed to lie on the table; as follows: same temporary status unless— by him to the bill H.R. 1268, making On page 6, line 12, strike ‘‘(e)(2)’’ and all ‘‘(A) the child is accompanying or fol- emergency supplemental appropria- that follows through line 18, and insert the lowing to join the alien; and tions for the fiscal year ending Sep- following: ‘‘(e)(2); or ‘‘(B) the alien is the sole custodial parent tember 30, 2005, to establish and rapidly ‘‘(II) is convicted of a felony or mis- of the child or both custodial parents of the demeanor committed in the United States.’’. implement regulations for State driv- On page 16, line 2, strike ‘‘(e)(2)’’ and all child have obtained such status.’’. er’s license and identification docu- (b) CLERICAL AMENDMENT.—The table of that follows through line 8, and insert the contents of the Immigration and Nationality ment security standards, to prevent following: ‘‘(e)(2); or Act is amended by inserting after the item terrorists from abusing the asylum ‘‘(II) is convicted of a felony or mis- relating to section 219 the following: laws of the United States, to unify ter- demeanor committed in the United States.’’. On page 18, line 16, strike ‘‘(e)(2)’’ and all ‘‘Sec. 220. Blue card program.’’. rorism-related grounds for inadmissibility and removal, to ensure expedi- that follows through line 22, and insert the SEC. 722. PENALTIES FOR FALSE STATEMENTS. following: ‘‘(e)(2); or Section 1546 of title 18, United States Code, tious construction of the San Diego ‘‘(ii) is convicted of a felony or mis- is amended— border fence, and for other purposes; demeanor committed in the United States.’’. (1) by redesignating subsection (c) as sub- which was ordered to lie on the table; section (d); and as follows: SA 436. Mrs. FEINSTEIN submitted (2) by inserting after subsection (b) the fol- On page 231, between lines 3 and 4, insert an amendment intended to be proposed lowing: the following: by her to the bill H.R. 1268, making ‘‘(c) Any person, including the alien who is DIVERSITY LOTTERY VISAS emergency supplemental appropria- the beneficiary of a petition, who— ‘‘(1) files a petition under section 220(b)(3) SEC. 6047. (a) Section 204(a)(1)(I)(ii) of the tions for the fiscal year ending Sep- of the Immigration and Nationality Act; and Immigration and Nationality Act (8 U.S.C. tember 30, 2005, to establish and rapidly ‘‘(2)(A) knowingly and willfully falsifies, 1154(a)(1)(I)(ii)) is amended by striking sub- implement regulations for State driv- conceals, or covers up a material fact related clause (II) and inserting the following: er’s license and identification docu- to such a petition; ‘‘(II) An alien who qualifies, through ran- ment security standards, to prevent ‘‘(B) makes any false, fictitious, or fraudu- dom selection, for a visa under section 203(c) terrorists from abusing the asylum lent statements or representations, or makes or adjustment of status under section 245(a) shall remain eligible to receive such visa be- laws of the United States, to unify ter- or uses any false writing or document know- rorism-related grounds for inadmis- ing the same to contain any false, fictitious, yond the end of the specific fiscal year for or fraudulent statement or entry related to which the alien was selected if the alien— sibility and removal, to ensure expedi- such a petition; or ‘‘(aa) properly applied for such visa or ad- tious construction of the San Diego ‘‘(C) creates or supplies a false writing or justment of status during the fiscal year for border fence, and for other purposes; document for use in making such a petition, which alien was selected; and which was ordered to lie on the table; shall be fined in accordance with this title, ‘‘(bb) was notified by the Secretary of as follows: State, through the publication of the Visa imprisoned not more than 5 years, or both.’’. On page 13, strike line 5 and all that fol- Bulletin, that the application was author- SEC. 723. SECURING THE BORDERS. lows through page 14, line 23, and insert the ized.’’. Not later than 6 months after the date of (b)(1) Notwithstanding any other provision following: enactment of this Act, the Secretary of of law, a visa shall be available under section (i) QUALIFYING EMPLOYMENT.—The alien Homeland Security shall submit to Congress 203(c) of the Immigration and Nationality has performed at least 5 years of agricultural a comprehensive plan for securing the bor- Act (8 U.S.C. 1153(c)) if— employment in the United States, for at ders of the United States. (A) such alien was eligible for and properly least 575 hours or 100 work days per year, SEC. 724. EFFECTIVE DATE. applied for an adjustment of status during a during the 6-year period beginning on the This subtitle shall take effect on the date fiscal year between 1998 and 2004; date of enactment of this Act. that is 6 months after the date of enactment (B) the application submitted by such alien (ii) APPLICATION PERIOD.—The alien applies of this Act. was denied because personnel of the Depart- for adjustment of status not later than 7 ment of Homeland Security or the Immigra- years after the date of enactment of this SA 433. Mr. CHAMBLISS submitted tion and Naturalization Service failed to ad- Act. an amendment intended to be proposed judicate such application during the fiscal (iii) PROOF.—In meeting the requirements under clause (i), an alien may submit the by him to the bill H.R. 1268, making year in which such application was filed; (C) such alien moves to reopen such adjust- record of employment described in sub- emergency supplemental appropria- section (a)(5) or such documentation as may tions for the fiscal year ending Sep- ment of status applications pursuant to procedures or instructions provided by the Sec- be submitted under subsection (d)(3). tember 30, 2005, to establish and rapidly retary of Homeland Security or the Sec- (iv) DISABILITY.—In determining whether implement regulations for State driv- retary of State; and an alien has met the requirements under er’s license and identification docu- (D) such alien has continuously resided in clause (i), the Secretary shall credit the ment security standards, to prevent the United States since the date of submit- alien with any work days lost because the terrorists from abusing the asylum ting such application. alien was unable to work in agricultural employment due to injury or disease arising out laws of the United States, to unify ter- (2) A visa made available under paragraph (1) may not be counted toward the numerical of and in the course of the alien’s agricul- rorism-related grounds for inadmis- tural employment, if the alien can establish sibility and removal, to ensure expedi- maximum for the worldwide level of set out in section 201(e) of the Immigration and Na- such disabling injury or disease through tious construction of the San Diego tionality Act (8 U.S.C. 1151(e)). medical records. border fence, and for other purposes; (c) The amendment made by subsection (a) which was ordered to lie on the table; shall take effect on October 1, 2005. SA 437. Mr. ROCKEFELLER sub- as follows: mitted an amendment intended to be SA 435. Mrs. FEINSTEIN submitted proposed by him to the bill H.R. 1268, SEC.. SETTLEMENT OF CLAIMS.—It is the sense of the Congress that the United States an amendment intended to be proposed making emergency supplemental ap- should— to amendment SA 375 submitted by Mr. propriations for the fiscal year ending (a) reach a settlement agreement with the CRAIG) for himself and Mr. KENNEDY) September 30, 2005, to establish and Republic of Iraq providing for fair and full and intended to be proposed to the bill rapidly implement regulations for

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3708 CONGRESSIONAL RECORD — SENATE April 14, 2005 State driver’s license and identification and interrogation methods of any for- At the appropriate place, insert the fol- tion document security standards, to eign government or entity to which persons lowing: prevent terrorists from abusing the detained by the departments, agencies, or SEC. ll. TRAUMATIC INJURY PROTECTION. asylum laws of the United States, to other entities of the United States Govern- (a) IN GENERAL.—Subchapter III of chapter unify terrorism-related grounds for in- ment have been rendered; 19, Title 38, United States Code, is amended— (H) case studies and evaluations of the de- (1) in section 1965, by adding at the end the admissibility and removal, to ensure tention, interrogation, or rendition of per- following: expeditious construction of the San sons, including any methods used and the re- ‘‘(11) The term ‘activities of daily living’ Diego border fence, and for other pur- liability of the information obtained; means the inability to independently per- poses; which was ordered to lie on the (I) all rules, practices, plans, and actual ex- form 2 of the 6 following functions: table; as follows: periences on the use of classified information ‘‘(A) Bathing. On page 231, after line 6, add the following: in military tribunals, commissions, or other ‘‘(B) Continence. SEC. 6047. SENSE OF SENATE ON SELECT COM- proceedings on the detention, continued de- ‘‘(C) Dressing. MITTEE ON INTELLIGENCE OF THE tention, or military trials of detainees; ‘‘(D) Eating. SENATE INVESTIGATION INTO PRIS- (J) all plans for the long-term detention, or ‘‘(E) Toileting. ONER DETENTION, INTERROGATION, for prosecution by civilian courts or military ‘‘(F) Transferring.’’; and AND RENDITION POLICIES AND tribunals or commissions, of persons de- (2) by adding at the end the following: PRACTICES OF THE UNITED STATES tained by any department, agency, or other GOVERNMENT. ‘‘§ 1980A. Traumatic injury protection entity of the United States Government or of (a) SENSE OF SENATE.— ‘‘(a) A member who is insured under sub- persons who have been rendered by the (1) IN GENERAL.—It is the sense of the Sen- paragraph (A)(i), (B), or (C)(i) of section ate that the Select Committee on Intel- United States Government to any foreign 1967(a)(1) shall automatically be issued a ligence of the Senate should conduct an in- government or entity; and traumatic injury protection rider that will vestigation into, and study of, all matters (K) any other matters that the Select Com- provide for a payment not to exceed $100,000 relating to the authorities, policies, and mittee on Intelligence of the Senate con- if the member, while so insured, sustains a practices of the departments, agencies, and siders appropriate for the investigation and traumatic injury that results in a loss de- other entities of the United States Govern- study. scribed in subsection (b)(1). The maximum ment on the detention, interrogation, or ren- (b) REPORT.— amount payable for all injuries resulting dition of prisoners for intelligence purposes (1) IN GENERAL.—The Select Committee on from the same traumatic event shall be lim- (other than for purely domestic law enforce- Intelligence of the Senate should submit to ited to $100,000. If a member suffers more ment purposes), whether by such depart- the Senate, not later than six months after than 1 such loss as a result of traumatic in- ments, agencies, or entities themselves or in the date of the enactment of this Act, a re- jury, payment will be made in accordance conjunction with any foreign government or port on the investigation and study under with the schedule in subsection (d) for the single loss providing the highest payment. entity. subsection (b). ‘‘(b)(1) A member who is issued a traumatic (2) ELEMENTS.—The investigation and (2) ELEMENTS.—The report under paragraph (1) should include— injury protection rider under subsection (a) study under paragraph (1) should address and is insured against— consider— (A) such findings as the Select Committee on Intelligence considers appropriate in light ‘‘(A) total and permanent loss of sight; (A) the history of the authorities, policies, ‘‘(B) loss of a hand or foot by severance at and practices of the United States Govern- of the investigation and study under that paragraph; and or above the wrist or ankle; ment on the detention, interrogation, or ren- ‘‘(C) total and permanent loss of speech; dition of prisoners for intelligence purposes (B) such recommendations, including recommendations for legislative or administra- ‘‘(D) total and permanent loss of hearing in before September 11, 2001, including— both ears; tive action, as the Select Committee on In- (i) a review of any presidential or other au- ‘‘(E) loss of thumb and index finger of the telligence considers appropriate in light of thorities, and other written guidance, before same hand by severance at or above the the investigation and study. that date on the detention, interrogation, or metacarpophalangeal joints; (3) FORM.—The report under paragraph (1) rendition of prisoners; ‘‘(F) quadriplegia, paraplegia, or hemi- should be submitted in unclassified form, but (ii) a review of any experience before that plegia; may include a classified annex. date with the detention, interrogation, or ‘‘(G) burns greater than second degree, cov- rendition of prisoners; and ering 30 percent of the body or 30 percent of (iii) an assessment of the legality and effi- SA. 438. Mr. COCHRAN (for Mr. SPEC- the face; and cacy of the practices before that date with TER) proposed an amendment to the ‘‘(H) coma or the inability to carry out the respect to the detention, interrogation, and bill H.R. 1268, making emergency sup- activities of daily living resulting from trau- rendition of prisoners; plemental appropriations for the fiscal matic injury to the brain. (B) all presidential and other authorities year ending September 30, 2005, to es- ‘‘(2) For purposes of this subsection— since September 11, 2001, on the detention, tablish and rapidly implement regula- ‘‘(A) the term ‘quadriplegia’ means the interrogation, or rendition of prisoners for tions for State driver’s license and complete and irreversible paralysis of all 4 intelligence purposes; limbs; (C) all legal opinions and memoranda of identification document security ‘‘(B) the term ‘paraplegia’ means the com- any official or component of the Department standards, to prevent terrorists from plete and irreversible paralysis of both lower of Justice since September 11, 2001 on the au- abusing the asylum laws of the United limbs; and thorities, polices, or practices of the United States, to unify terrorism-related ‘‘(C) the term ‘hemiplegia’ means the com- States Government with respect to the de- grounds for inadmissibility and re- plete and irreversible paralysis of the upper tention, interrogation, or rendition of pris- moval, to ensure expeditious construc- and lower limbs on 1 side of the body. oners for intelligence purposes; tion of the San Diego border fence, and ‘‘(3) In no case will a member be covered (D) all legal opinions and memoranda of against loss resulting from— any official or component of any other de- for other purposes; as follows: ‘‘(A) attempted suicide, while sane or in- partment, agency, or entity of the United On page 220, line 12, strike ‘‘Section 101’’ sane; States Government since September 11, 2001 and insert ‘‘Section 102’’ in lieu thereof. ‘‘(B) an intentionally self-inflicted injury on authorities, policies, or practices with re- or any attempt to inflict such an injury; spect to the detention, interrogation, or ren- SA 439. Mr. CRAIG (for himself and ‘‘(C) illness, whether the loss results di- dition of prisoners for intelligence purposes; Mr. AKAKA) submitted an amendment rectly or indirectly; (E) all investigations and reviews con- intended to be proposed by him to the ‘‘(D) medical or surgical treatment of ill- ducted since September 11, 2001 by any de- bill H.R. 1268, making emergency sup- ness, whether the loss results directly or in- partment, agency, or entity of the United plemental appropriations for the fiscal directly; States Government, or by any nongovern- ‘‘(E) any infection other than— mental organization, on the authorities, year ending September 30, 2005, to es- ‘‘(i) a pyogenic infection resulting from a policies, and practices of the United States tablish and rapidly implement regula- cut or wound; or Government with respect to the detention, tions for State driver’s license and ‘‘(ii) a bacterial infection resulting from interrogation, or rendition of prisoners for identification document security ingestion of a contaminated substance; intelligence purposes; standards, to prevent terrorists from ‘‘(F) the commission of or attempt to com- (F) all facts concerning the actual deten- abusing the asylum laws of the United mit a felony; tion, interrogation, or rendition of prisoners States, to unify terrorism-related ‘‘(G) being legally intoxicated or under the for intelligence purposes by any department, grounds for inadmissibility and re- influence of any narcotic unless adminis- agency, or other entity of the United States tered or consumed on the advice of a physi- Government since September 11, 2001; moval, to ensure expeditious construc- cian; or (G) all facts concerning the knowledge of tion of the San Diego border fence, and ‘‘(H) willful misconduct as determined by a any department, agency, or other entity of for other purposes; which was ordered military court, civilian court, or administra- the United States Government of the deten- to lie on the table; as follows: tive body.

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3709 ‘‘(c) A payment under this section may be charged for traumatic injury protection cov- On page 169, between lines 8 and 9, insert made only if— erage provided under this section. the following: ‘‘(1) the member is insured under ‘‘(4) The premium amounts shall be deter- FORCE PROTECTION WORK AND MEDICAL CARE Servicemembers’ Group Life Insurance when mined on the basis of sound actuarial prin- AT VACCINE HEALTH CARE CENTERS the traumatic injury is sustained; ciples and shall include an amount necessary SEC. 1122. (a) INCREASE IN AMOUNT FOR DE- ‘‘(2) the loss results directly from that to cover the administrative costs to the in- FENSE HEALTH PROGRAM.—The amount ap- traumatic injury and from no other cause; surer or insurers providing such insurance. propriated by this chapter under the heading and ‘‘(5) Each premium rate for the first policy ‘‘DEFENSE HEALTH PROGRAM’’ is hereby in- ‘‘(3) the member suffers the loss not later year shall be continued for subsequent policy than 90 days after sustaining the traumatic years, except that the rate may be adjusted creased by $6,000,000. injury, except, if the loss is quadriplegia, for any such subsequent policy year on the (b) AVAILABILITY OF AMOUNT.—Of the paraplegia, or hemiplegia, the member suf- basis of the experience under the policy, as amount appropriated or otherwise made fers the loss not later than 365 days after sus- determined by the Secretary of Veterans Af- available by this chapter under the heading taining the traumatic injury. fairs in advance of that policy year. ‘‘DEFENSE HEALTH PROGRAM’’, as increased ‘‘(d) Payments under this section for losses ‘‘(6) The cost attributable to insuring such by subsection (a), $6,000,000 shall be available described in subsection (b)(1) will be made in member under this section, less the pre- for force protection work and medical care accordance with the following schedule: miums deducted from the pay of the mem- at the Vaccine Health Care Centers. ‘‘(1) Loss of both hands, $100,000. ber’s uniformed service, shall be paid by the (c) OFFSET.—The amount appropriated by ‘‘(2) Loss of both feet, $100,000. Secretary of Defense to the Secretary of Vet- chapter 2 of this title under the heading ‘‘(3) Inability to carry out activities of erans Affairs. This amount shall be paid on a ‘‘GLOBAL WAR ON TERROR PARTNERS FUND’’ is daily living resulting from traumatic brain monthly basis, and shall be due within 10 hereby reduced by $6,000,000. injury, $100,000. days of the notice provided by the Secretary ‘‘(4) Burns greater than second degree, cov- of Veterans Affairs to the Secretary of the SA 441. Mr. SANTORUM submitted ering 30 percent of the body or 30 percent of concerned uniformed service. an amendment intended to be proposed the face, $100,000. ‘‘(7) The Secretary of Defense shall provide by him to the bill H.R. 1268, making ‘‘(5) Loss of sight in both eyes, $100,000. the amount of appropriations required to pay emergency supplemental appropria- expected claims in a policy year, as deter- ‘‘(6) Loss of 1 hand and 1 foot, $100,000. tions for the fiscal year ending Sep- ‘‘(7) Loss of 1 hand and sight of 1 eye, mined according to sound actuarial prin- $100,000. ciples by the Secretary of Veterans Affairs. tember 30, 2005, to establish and rapidly ‘‘(8) Loss of 1 foot and sight of 1 eye, ‘‘(8) The Secretary of Defense shall forward implement regulations for State driv- $100,000. an amount to the Secretary of Veterans Af- er’s license and identification docu- ‘‘(9) Loss of speech and hearing in 1 ear, fairs that is equivalent to half the antici- ment security standards, to prevent $100,000. pated cost of claims for the current fiscal terrorists from abusing the asylum ‘‘(10) Total and permanent loss of hearing year, upon the effective date of this legislation. laws of the United States, to unify ter- in both ears, $100,000. rorism-related grounds for inadmis- ‘‘(11) Quadriplegia, $100,000. ‘‘(f) The Secretary of Defense shall certify whether any member claiming the benefit sibility and removal, to ensure expedi- ‘‘(12) Paraplegia, $75,000. under this section is eligible. ‘‘(13) Loss of 1 hand, $50,000. tious construction of the San Diego ‘‘(g) Payment for a loss resulting from ‘‘(14) Loss of 1 foot, $50,000. border fence, and for other purposes; traumatic injury will not be made if the which was ordered to lie on the table; ‘‘(15) Loss of sight one eye, $50,000. member dies not more than 7 days after the ‘‘(16) Total and permanent loss of speech, date of the injury. If the member dies before as follows: $50,000. payment to the member can be made, the On page 231, between lines 3 and 4, insert ‘‘(17) Loss of hearing in 1 ear, $50,000. payment will be made according to the mem- the following: ‘‘(18) Hemiplegia, $50,000. ber’s most current beneficiary designation SEC. 6047. Notwithstanding any other pro- ‘‘(19) Loss of thumb and index finger of the under Servicemembers’ Group Life Insur- vision of law, funds that have been appro- same hand, $25,000. ance, or a by law designation, if applicable. priated to and awarded by the Secretary of ‘‘(20) Coma resulting from traumatic brain ‘‘(h) Coverage for loss resulting from trau- Energy under the Clean Coal Power Initia- injury, $50,000 at time of claim and $50,000 at matic injury provided under this section tive in accordance with financial assistance end of 6-month period. shall cease at midnight on the date of the solicitation number DE-PS26-02NT41428 (as ‘‘(e)(1) During any period in which a mem- member’s separation from the uniformed described in 67 Fed. Reg. 575) to construct a ber is insured under this section and the service. Payment will not be made for any Fischer-Tropsch coal-to-oil project may be member is on active duty, there shall be de- loss resulting from injury incurred after the used by the Secretary to provide a loan guar- ducted each month from the member’s basic date a member is separated from the uni- antee for the project. or other pay until separation or release from formed services. active duty an amount determined by the ‘‘(i) Insurance coverage provided under this SA 442. Mr. REED (for himself, Ms. Secretary of Veterans Affairs as the pre- section is not convertible to Veterans’ Group SNOWE, Mr. KENNEDY, Mr. CHAFEE, and mium allocable to the pay period for pro- Life Insurance.’’. Mr. KERRY) submitted an amendment viding traumatic injury protection under (b) CLERICAL AMENDMENT.—The table of this section (which shall be the same for all sections for chapter 19 of title 38, United intended to be proposed by him to the such members) as the share of the cost at- States Code, is amended by adding after the bill H.R. 1268, making emergency sup- tributable to provided coverage under this item relating to section 1980 the following: plemental appropriations for the fiscal section, less any costs traceable to the extra ‘‘1980A. Traumatic injury protection. ’’. year ending September 30, 2005, to es- hazards of such duty in the uniformed serv- (c) EFFECTIVE DATE.—The amendments tablish and rapidly implement regula- ices. made by this section shall take effect on the ‘‘(2) During any month in which a member tions for State driver’s license and first day of the first month beginning more is assigned to the Ready Reserve of a uni- identification document security than 120 days after the date of enactment of formed service under conditions which meet this Act. standards, to prevent terrorists from the qualifications set forth in section abusing the asylum laws of the United 1965(5)(B) of this title and is insured under a SA 440. Mr. BIDEN (for himself, Mr. States, to unify terrorism-related policy of insurance purchased by the Sec- retary of Veterans Affairs under section 1966 BINGAMAN, and Mr. CARPER) submitted grounds for inadmissibility and re- of this title, there shall be contributed from an amendment intended to be proposed moval, to ensure expeditious construc- the appropriation made for active duty pay by him to the bill H.R. 1268, making tion of the San Diego border fence, and of the uniformed service concerned an emergency supplemental appropria- for other purposes; which was ordered amount determined by the Secretary of Vet- tions for the fiscal year ending Sep- to lie on the table; as follows: erans Affairs (which shall be the same for all tember 30, 2005, to establish and rapidly On page 204, between lines 4 and 5, insert such members) as the share of the cost at- implement regulations for State driv- the following: tributable to provided coverage under this section, less any costs traceable to the extra er’s license and identification docu- CHAPTER 5 hazards of such duty in the uniformed serv- ment security standards, to prevent DEPARTMENT OF COMMERCE terrorists from abusing the asylum ices. Any amounts so contributed on behalf NATIONAL OCEANIC AND ATMOSPHERIC of any member shall be collected by the Sec- laws of the United States, to unify ter- ADMINISTRATION retary of the concerned service from such rorism-related grounds for inadmis- OPERATIONS, RESEARCH, AND FACILITIES member (by deduction from pay or other- sibility and removal, to ensure expedi- For an additional amount for ‘‘Operations, wise) and shall be credited to the appropria- tious construction of the San Diego tion from which such contribution was made Research and Facilities’’, $1,000,000, to re- in advance on a monthly basis. border fence, and for other purposes; main available until expended, for the Na- ‘‘(3) The Secretary of Veterans Affairs which was ordered to lie on the table; tional Marine Fisheries Service to establish shall determine the premium amounts to be as follows: a cooperative research program to study the

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3710 CONGRESSIONAL RECORD — SENATE April 14, 2005 causes of lobster disease and the decline in ference report to accompany S. Con. Res. 95 how much of the assistance is intended to be the lobster fishery in New England waters: (108th Congress). provided as loans, it is estimated that loans Provided, That the amount provided under (b) AVAILABILITY OF FUNDS.—Of the constitute as much as 80 percent of contribu- this heading is designated as an emergency amount appropriated or otherwise made tions pledged by other nations. The report requirement pursuant to section 402 of the available by this chapter under the heading further notes that, as of the date of the en- conference report to accompany S. Con. Res. ‘‘OTHER PROCUREMENT, ARMY’’, as increased actment of this Act, the international com- 95 (108th Congress). by subsection (a), $60,000,000 shall be avail- munity has contributed only $2,700,000,000 able under the Tactical Intelligence and Re- out of the total pledged amount, falling far SA 443. Mr. DURBIN submitted an lated Activities (TIARA) program to facili- short of its commitments. amendment intended to be proposed by tate the rapid deployment of Warlock sys- (6) Iraq has the second largest endowment him to the bill H.R. 1268, making emer- tems and other field jamming systems. of oil in the world and experts believe Iraq gency supplemental appropriations for has the capacity to generate $30,000,000,000 to SA 445. Mr. REID proposed an amend- $40,000,000,000 per year in revenues from its the fiscal year ending September 30, ment to the bill H.R. 1268, making oil industry. Prior to the launch of United 2005, to establish and rapidly imple- emergency supplemental appropria- States operations in Iraq, members of the ment regulations for State driver’s li- tions for the fiscal year ending Sep- Administration stated that profits from cense and identification document se- Iraq’s oil industry would provide a substan- tember 30, 2005, to establish and rapidly curity standards, to prevent terrorists tial portion of the funds needed for the re- implement regulations for State driv- from abusing the asylum laws of the construction and relief of Iraq and United er’s license and identification docu- United States, to unify terrorism-re- Nations Security Council Resolution 1483 ment security standards, to prevent (2003) permitted the coalition to use oil related grounds for inadmissibility and terrorists from abusing the asylum serves to finance long-term reconstruction removal, to ensure expeditious con- laws of the United States, to unify ter- projects in Iraq. struction of the San Diego border rorism-related grounds for inadmis- (7) Securing and rebuilding Iraq benefits fence, and for other purposes; which sibility and removal, to ensure expedi- the people of Iraq, the United States, and the was ordered to lie on the table; as fol- world and all nations should do their fair tious construction of the San Diego lows: share to achieve that outcome. border fence, and for other purposes; as (b) Notwithstanding any other provision of On page 231, after line 3, insert the fol- follows: law, not more than 50 percent of the pre- lowing: On page 183, after line 23, add the following viously appropriated Iraqi reconstruction AFFIRMING THE PROHIBITION ON TORTURE AND new section: funds that have not been obligated or ex- CRUEL, INHUMAN, OR DEGRADING TREATMENT pended prior to the date of the enactment of INTERNATIONAL EFFORTS FOR RECONSTRUCTION SEC. 6047. (a)(1) None of the funds appro- this Act may be obligated or expended, as IN IRAQ priated or otherwise made available by this the case may be, for Iraq reconstruction pro- Act shall be obligated or expended to subject SEC. 2105. (a) Congress makes the following grams unless— any person in the custody or under the phys- findings: (1) the President certifies to Congress that ical control of the United States to torture (1) The United States Armed Forces have all countries that pledged financial assist- or cruel, inhuman, or degrading treatment or borne the largest share of the burden for se- ance at the Madrid International Conference punishment that is prohibited by the Con- curing and stabilizing Iraq. Since the war’s on Reconstruction in Iraq or in other fora stitution, laws, or treaties of the United start, more than 500,000 United States mili- since March 2003, for the relief and recon- States. tary personnel have served in Iraq and, as of struction of Iraq, including grant aid, cred- (2) Nothing in this section shall affect the the date of the enactment of this Act, more its, and in-kind contributions, have fulfilled status of any person under the Geneva Con- than 130,000 such personnel are stationed in their commitments; or ventions or whether any person is entitled to Iraq. Though the Department of Defense has (2) the President— the protections of the Geneva Conventions. kept statistics related to international troop (A) certifies to Congress that the President (b) As used in this section— contributions classified, it is estimated that or his representatives have made credible (1) the term ‘‘torture’’ has the meaning all of the coalition partners combined have and good faith efforts to persuade other given that term in section 2340(1) of title 18, maintained a total force level in Iraq of only countries that made pledges of financial as- United States Code; and 25,000 troops since early 2003. sistance at the Madrid International Con- (2) the term ‘‘cruel, inhuman, or degrading (2) United States taxpayers have borne the ference on Reconstruction in Iraq or in other treatment or punishment’’ means the cruel, vast majority of the financial costs of secur- fora to fulfill their commitments; unusual, and inhumane treatment or punish- ing and reconstructing Iraq. Prior to the (B) determines that, notwithstanding the ment prohibited by the fifth amendment, date of the enactment of this Act, the United efforts by United States troops and tax- eighth amendment, or fourteenth amend- States appropriated more than payers on behalf of the people of Iraq and the ment to the Constitution of the United $175,000,000,000 for military and reconstruc- failure of other countries to fulfill their States. tion efforts in Iraq and, including the funds commitments, revenues generated from the appropriated in this Act, the amount appro- sale of Iraqi oil or other sources of revenue SA 444. Mrs. BOXER (for herself and priated for such purposes increases to a total under the control of the Government of Iraq of more than $250,000,000,000. Mr. BINGAMAN) submitted an amend- may not be used to reimburse the Govern- (3) Of such total, Congress appropriated ment of the United States for the obligation ment intended to be proposed by her to $2,475,000,000 in the Emergency Wartime Sup- the bill H.R. 1268, making emergency and expenditure of a significant portion of plemental Appropriations Act, 2003 (Public the remaining previously appropriated Iraqi supplemental appropriations for the Law 108–11; 117 Stat. 559) (referred to in this reconstruction funds; fiscal year ending September 30, 2005, section as ‘‘Public Law 108–11’’) and (C) determines that, notwithstanding the to establish and rapidly implement $18,439,000,000 in the Emergency Supple- failure of other countries to fulfill their regulations for State driver’s license mental Appropriations Act for Defense and commitments as described in subparagraph and identification document security for the Reconstruction of Iraq and Afghani- (A) and that revenues generated from the standards, to prevent terrorists from stan, 2004 (Public Law 108–106; 117 Stat. 1209) sale of Iraqi oil or other sources of revenue (referred to in this section as ‘‘Public Law abusing the asylum laws of the United under the control of the government of Iraq 108–106’’) under the heading ‘‘IRAQ RELIEF AND States, to unify terrorism-related shall not be used to reimburse the United RECONSTRUCTION FUND’’ for humanitarian as- States government as described in subpara- grounds for inadmissibility and resistance and to carry out reconstruction and graph (B), the obligation and expenditure of moval, to ensure expeditious construc- rehabilitation in Iraq. remaining previously appropriated Iraqi re- tion of the San Diego border fence, and (4) The Sixth Quarterly Report required by construction funds is in the national secu- for other purposes; which was ordered section 2207 of Public Law 108–106 (22 U.S.C. rity interests of the United States; and to lie on the table; as follows: 2151 note), submitted by the Secretary of (D) submits to Congress a written notifica- State in April 2005, stated that $12,038,000,000 At the appropriate place, insert the fol- tion of the determinations made under this of the $18,439,000,000 appropriated by Public lowing: paragraph, including a detailed justification Law 108–106 under the heading ‘‘IRAQ RELIEF for such determinations, and a description of DEPLOYMENT OF WARLOCK SYSTEMS AND OTHER AND RECONSTRUCTION FUND’’ had been obli- the actions undertaken by the President or FIELD JAMMING SYSTEMS gated and that only $4,209,000,000, less than 25 other official of the United States to con- SEC. 1122. (a) ADDITIONAL AMOUNT FOR percent of the total amount appropriated, vince other countries to fulfill their commit- OTHER PROCUREMENT, ARMY.—The amount had actually been spent. ments described in subparagraph (A). appropriated by this chapter under the head- (5) According to such report, the inter- (c) This section may not be superseded, ing ‘‘OTHER PROCUREMENT, ARMY’’ is hereby national community pledged more than modified, or repealed except pursuant to a increased by $35,000,000, with the amount of $13,500,000,000 in foreign assistance to Iraq in provision of law that makes specific ref- such increase designated as an emergency re- the form of grants, loans, credits, and other erence to this section. quirement pursuant to section 402 of the con- assistance. While the report did not specify (d) In this section:

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 14, 2005 CONGRESSIONAL RECORD — SENATE S3711 (1) The term ‘‘previously appropriated For further information regarding mittee on the Judiciary be authorized Iraqi reconstruction funds’’ means the aggre- this hearing, please contact Susan to meet to conduct a markup on Thurs- gate amount appropriated or otherwise made Wells at the Rules and Administration day, April 14, 2005 at 9:30 a.m. in Senate available in chapter 2 of title II of Public Committee on 224–6352. Dirksen Office Building Room 226. Law 108–106 under the heading ‘‘IRAQ RELIEF AND RECONSTRUCTION FUND’’ or under title I f AGENDA: of Public Law 108–11 under the heading ‘‘IRAQ AUTHORITY FOR COMMITTEES TO I. Nominations: Thomas B. Griffith RELIEF AND RECONSTRUCTION FUND’’. MEET (2)(A) The term ‘‘Iraq reconstruction pro- to be U.S. Circuit Judge for the Dis- grams’’ means programs to address the infra- COMMITTEE ON ARMED SERVICES trict of Columbia Circuit; Terrence W. structure needs of Iraq, including infrastruc- Mr. COCHRAN. Mr. President, I ask Boyle, II to be U.S. Circuit Judge for ture relating to electricity, oil production, unanimous consent that the Com- the Fourth Circuit; Priscilla R. Owen public works, water resources, transpor- mittee on Armed Services be author- to be U.S. Circuit Judge for the Fifth tation and telecommunications, housing and ized to meet during the session of the Circuit; Janice Rogers Brown to be construction, health care, and private sector Senate on April 14, 2005, at 9:30 a.m., in U.S. Circuit Judge for the District of development. Columbia Circuit; Robert J. Conrad, Jr. (B) The term does not include programs to open session to receive testimony on fund military activities (including the estab- implementation by the Department of to be U.S. District Judge for the West- lishment of national security forces or the Defense of the National Security Per- ern District of North Carolina; and Commanders’ Emergency Response Pro- sonnel System. James C. Dever, III to be U.S. Circuit grams), public safety (including border en- The PRESIDING OFFICER. Without Judge for the Eastern District of North forcement, police, fire, and customs), and objection, it is so ordered. Carolina. justice and civil society development. COMMITTEE ON BANKING, HOUSING, AND URBAN II. Bills: S. 378, Reducing Crime and Terrorism at America’s Seaports Act of Mr. CHAMBLISS submitted AFFAIRS SA 446. 2005: BIDEN, SPECTER, FEINSTEIN, KYL, an amendment intended to be proposed Mr. COCHRAN. Mr. President, I ask CORNYN; S. 119, Unaccompanied Alien by him to the bill H.R. 1268, making unanimous consent that the Com- Child Protection Act of 2005: FEIN- emergency supplemental appropria- mittee on Banking, Housing, and STEIN, SCHUMER, DURBIN, DEWINE, tions for the fiscal year ending Sep- Urban Affairs be authorized to meet FEINGOLD, KENNEDY, BROWNBACK, SPEC- tember 30, 2005, to establish and rapidly during the session of the Senate on April 14, 2005, at 10 a.m., to conduct a TER, LEAHY; S. 629, Railroad Carriers implement regulations for State driv- and Mass Transportation Act of 2005: er’s license and identification docu- hearing on ‘‘The Terrorism Risk Insur- SESSIONS, KYL; and S. 555, No oil Pro- ment security standards, to prevent ance Program.’’ The PRESIDING OFFICER. Without ducing and Exporting Cartels Act of terrorists from abusing the asylum objection, it is so ordered. 2005: DEWINE, KOHL, LEAHY, GRASSLEY, laws of the United States, to unify ter- FEINGOLD, SCHUMER, DURBIN. rorism-related grounds for inadmis- COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION III. Matters: Asbestos sibility and removal, to ensure expedi- Mr. COCHRAN. Mr. President, I ask THE PRESIDING OFFICER. Without tious construction of the San Diego unanimous consent that the Com- objection, it is so ordered. border fence, and for other purposes; mittee on Commerce, Science, and SELECT COMMITTEE ON INTELLIGENCE which was ordered to lie on the table; Transportation be authorized to meet Mr. COCHRAN. Mr. President, I ask as follows: on pending Committee business, on unanimous consent that the Select On page 231, between lines 3 and 4, insert Thursday, April 14, 2005, at 10 a.m. Committee on Intelligence be author- the following: The PRESIDING OFFICER. Without ized to meet during the session of the SEC. 6047. Section 908(b)(1)(A) of the Trade Sanctions Reform and Export Enhancement objection, it is so ordered. Senate on April 14, 2005, a 10 a.m. to Act of 2000 (22 U.S.C. 7207(b)(1)(A)) is amend- COMMITTEE ON FINANCE hold a hearing. ed by inserting before the period at the end Mr. COCHRAN. Mr. President, I ask THE PRESIDING OFFICER. Without the following: ‘‘, which in this subsection unanimous consent that the Com- objection, it is so ordered. means the payment by the purchaser of an mittee on Finance be authorized to SELECT COMMITTEE ON INTELLIGENCE agricultural commodity or product and the meet during the session on Thursday, Mr. COCHRAN. Mr. President, I ask receipt of the payment by the seller prior to— April 14, 2005, at 10 a.m., to hear testi- unanimous consent that the Select ‘‘(i) the transfer of title of the commodity mony on ‘‘The $350 Billion Question: Committee on Intelligence be author- or product to the purchaser; and How To Solve the Tax Gap.’’ ized to meet during the session of the ‘‘(ii) the release of control of the com- The PRESIDING OFFICER. Without Senate on April 14, 2005, at 2 p.m. to modity or product to the purchaser.’’. objection, it is so ordered. hold a closed briefing. f COMMITTEE ON HEALTH, EDUCATION, LABOR, THE PRESIDING OFFICER. Without AND PENSIONS objection, it is so ordered. NOTICES OF HEARINGS/MEETINGS Mr. COCHRAN. Mr. President, I ask SUBCOMMITTEE ON AIRLAND COMMITTEE ON AGRICULTURE, NUTRITION, AND unanimous consent that the Com- Mr. COCHRAN, Mr. President, I ask FORESTRY mittee on Health, Education, Labor, unanimous consent that the sub- Mr. CHAMBLISS. Mr. President, I and Pensions be authorized to hold a committee on Airland be authorized to would like to announce that the Com- hearing during the session of the Sen- meet during the session of the Senate mittee on Agriculture, Nutrition, and ate on Thursday, April 14, 2005, at 10 on April 14, 2005, at 2:30 p.m., in open Forestry will hold a hearing to con- a.m., in SD–430. session to receive testimony on Air sider the nomination of Thomas Dorr The PRESIDING OFFICER. Without Force Acquisition oversight in review to be Under Secretary of Agriculture objection, it is so ordered. of the defense authorization request for for Rural Development and to be a COMMITTEE ON HOMELAND SECURITY AND fiscal year 2006. Member of the Board of Directors of GOVERNMENTAL AFFAIRS The PRESIDING OFFICER. Without the Commodity Credit Corporation. Mr. COCHRAN. Mr. President, I ask objection, it is so ordered. The hearing will be held on Wednesday, unanimous consent that the Com- SUBCOMMITTEE ON IMMIGRATION, BORDER SECU- April 27, 2005, at 10:30 a.m. in SR–328A mittee on Homeland Security and Gov- RITY AND CITIZENSHIP SUBCOMMITTEE ON Russell Senate Office Building. Senator ernmental Affairs be authorized to TERRORISM, TECHNOLOGY AND HOMELAND SE- SAXBY CHAMBLISS will preside. meet on Thursday, April 14, 2005, at 2 CURITY For further information, please con- p.m., for a hearing title: ‘‘U.S. Postal Mr. COCHRAN. Mr. President, I ask tact the Committee at 224–2035. Service: What Is Needed To Ensure Its unanimous consent that the Com- COMMITTEE ON RULES AND ADMINISTRATION Future Viability?’’ mittee on the Judiciary and the Com- Mr. LOTT. Mr. President, I wish to The PRESIDING OFFICER. Without mittee Subcommittee on Immigration, announce that the Joint Committee on objection, it is so ordered. Border Security and Citizenship and Printing will meet on Thursday, April COMMITTEE ON THE JUDICIARY the Subcommittee on Terrorism, Tech- 21, 2005, at 2 p.m. to conduct its organi- Mr. COCHRAN. Mr. President, I ask nology and Homeland Security be au- zation meeting for the 109th Congress. unanimous consent that the Com- thorized to meet to conduct a joint

VerDate Mar 15 2010 20:42 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2005SENATE\S14AP5.REC S14AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3712 CONGRESSIONAL RECORD — SENATE April 14, 2005 hearing on ‘‘Strengthening Interior En- COMMENDING THE UNIVERSITY OF Moreover, senior David Henderson’s forcement: Deportation and Related OKLAHOMA SOONERS MEN’S 2005 NCAA title on the still rings, gave Issues’’ on Thursday, April 14, 2005 in GYMNASTICS TEAM OU its 18th all-time individual national Dirksen room 226 at 2:30 p.m. champion, capping off a brilliant 4 Panel I: Jonathan Cohn, Deputy As- years for this extraordinary young COMMENDING OKLAHOMA STATE sistant Attorney General for the Civil man. UNIVERSITY’S WRESTLING TEAM Division, U.S. Department of Justice, The Sooners’ victory is a product of Washington, DC and Victor Cerda, Act- Mr. FRIST. Madam President, I ask the heart, determination, and team- ing Director of Detention and Removal, unanimous consent that the Senate work of these exceptional student athletes, and I extend my heart-felt con- U.S. Department of Homeland Secu- now proceed to the en bloc consider- gratulations to the entire team for a rity, Washington, DC. ation of S. Res. 109 and S. Res. 110, which were submitted earlier today. job truly well done and well deserved. Panel II: David Venturella, U.S. In- The PRESIDING OFFICER. Without S. RES. 110 vestigations Service, Washington, DC objection, it is so ordered. The clerk Mr. INHOFE. Madam. President, I and Lee Gelernt, Senior Staff Counsel, will report the resolutions by title en also rise today to extend my congratu- Immigrant’s Rights Project, American bloc. lations to the Oklahoma State Univer- Civil Liberties Union, Washington, DC. The assistant legislative clerk read sity’s wrestling team for winning the The PRESIDING OFFICER. Without as follows: 2005 National Collegiate Athletic Asso- objection, it is so ordered. A resolution (S. Res. 109) commending the ciation’s Division I Wrestling Cham- pionship on March 19, 2005, at St. SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT University of Oklahoma Sooners men’s gym- MANAGEMENT, THE FEDERAL WORKFORCE AND nastics team for winning the National Colle- Louis, MO. THE DISTRICT OF COLUMBIA giate Athletic Association Division I Men’s The Cowboys’ historic victory this Gymnastics Championship. year contributes to an already excep- Mr. COCHRAN. Mr. President, I ask A resolution (S. Res. 110) commending tional legacy of achievement that unanimous consent that the sub- Oklahoma State University’s wrestling team makes the OSU wrestling program a committee on Oversight of Government for winning the 2005 National Collegiate Ath- touchstone for all others. In fact, the Management, the Federal Workforce, letic Association Division I Wrestling Cham- Collegiate Wrestling Hall of Fame is at and the District of Columbia be author- pionship. OSU. ized to meet on Thursday, April 14, at There being no objection, the Senate The 2005 Championship title is the 10 a.m. for a hearing entitled, ‘‘Passing proceeded to consider the resolutions 33rd overall title in the storied history the Buck: A Review of the Unfunded en bloc. of wrestling at OSU, and also rep- Mandates Reform Act.’’ S. RES. 109 resents the most possessed by any The PRESIDING OFFICER. Without Mr. INHOFE. Madam President, I rise school in the history of Division I wres- objection, it is so ordered. today to recognize the University of tling. Moreover, this year’s win marks Oklahoma Sooners men’s gymnastics the Cowboys’ third consecutive cham- f team for winning the 2005 NCAA Divi- pionship under the dynasty of Coach sion I men’s gymnastics championship John Smith, an accomplishment that had not occurred at OSU since the 1954 PRIVILEGE OF THE FLOOR on April 8, 2005 at West Point, NY. This historic achievement is an enormous to 1956 seasons. Mr. BROWNBACK. Mr. President, I source of pride for the university that Indeed, the Cowboys’ dominance was ask unanimous consent Jennifer they represent as well as for the people in full display not only during the sea- Pollom, a detailee on the Senate Budg- of my entire State. son in which they went undefeated but et Committee staff, be granted the This championship achieved by the also in the finals where they continued privilege of the floor during consider- Sooners, under the outstanding leader- to remain perfect. The Cowboys swept ation of H.R. 1268. ship of NCAA Coach of the Year Mark all five of its matches and clinched the national championship, getting titles The PRESIDING OFFICER. Without Williams, is OU’s sixth overall national from Steve Mocco, Zack Esposito, objection, it is so ordered. title and their third in the past 4 years. It was undoubtedly an accomplishment Johny Hendricks, Chris Pendleton, and Jake Rosholt and tying the record of f that they earned and grittily sweated out. five championships set by Iowa in 1997. The Sooners’ dramatic victory over In all, OSU finished with an all-time ROBERT T. MATSUI UNITED second-place Ohio State came down to high of 153 points and far surpassed sec- STATES COURTHOUSE the wire with the competition nar- ond-place Michigan by 70 points, which was the second highest winning margin Mr. FRIST. I ask unanimous consent rowly being determined by the final ro- tation on the vault. Freshman Jona- in NCAA wrestling history. that the Senate proceed to the imme- Much credit for this amazing than Horton delivered a heroic per- diate consideration of H.R. 787 which achievement undoubtedly goes to formance, which secured OU’s winning was received from the House. coach John Smith, who was named Big score of 225.675 over the Buckeyes’ The PRESIDING OFFICER. The 12 Wrestling Coach of the Year for the 225.450. clerk will report the bill by title. sixth time in his career. Finally I The tremendous success of the 2005 would be remiss, if I did not recognize The assistant legislative clerk read Sooners gives support to the Sports Il- the extraordinary effort, commitment, as follows: lustrated cover’s designation of Okla- and grit of these student athletes. homa as ‘‘America’s Gymnastics Hot- A bill (H.R. 787) to designate the United They are a tremendous source of pride States courthouse located at 501 I Street, bed’’ that notably included the Inter- for their university and community, Sacramento, California, as the ‘‘Robert T. national Gymnastics Hall of Fame, the and I offer them my sincere congratu- Matsui United States Courthouse’’. Bart Conner Gymnastics Academy, lations for all that they have achieved. There being no objection, the Senate Nadia Comaneci, Shannon Miller, and Mr. FRIST. Madam President, I ask proceeded to consider the bill. the world’s largest gymnastics maga- unanimous consent that the resolu- zine, International Gymnast. Mr. FRIST. I ask unanimous consent tions be agreed to, the preambles be In addition to the national cham- the bill be read a third time and agreed to, and the motions to recon- pionship, the Sooners boasted six team passed, the motion to reconsider be sider be laid upon the table, all en bloc. members who attained a total of 13 All- laid upon the table, and any state- The PRESIDING OFFICER. Without America honors for OU at the indi- ments be printed in the RECORD. objection, it is so ordered. vidual event finals. The 13 honors of The resolution (S. Res. 109) was The PRESIDING OFFICER. Without 2005 added to an already substantial agreed to. objection, it is so ordered. collection of 141 honors garnered by the The preamble was agreed to. The bill (H.R. 787) was read the third university over the 39 years of the The resolution, with its preamble, time and passed. men’s gymnastics program’s existence. reads as follows:

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S. RES. 109 Whereas the Cowboys’ 2005 championship Whereas nearly 40 percent of the members Whereas on April 8, 2005, the University of topped off an impressive season in which of the Armed Forces, when deployed away Oklahoma Sooners won their sixth National they were undefeated in the regular season from their permanent duty stations, have Collegiate Athletic Association (NCAA) Divi- and also had a perfect record in the finals; left families with children behind; sion I Men’s Gymnastics Championship, at Whereas the Cowboys outscored second Whereas no one feels the effect of those de- West Point, New York; place Michigan, 153 to 83, achieving a margin ployments more than the children of de- Whereas the 2005 NCAA Championship is of victory that was the second-highest in Na- ployed service members; the Sooners’ third championship in the past tional Collegiate Athletic Association wres- Whereas as of March 31, 2005, approxi- 4 years; tling history; mately 1,000 of these children have lost a Whereas the championship title crowned a Whereas the Cowboys crowned a school- parent serving in the Armed Forces during remarkable season for the Sooners in which record 5 individual national champions, the preceding 5 years; the team achieved an impressive record of 21 tying a national tournament record; Whereas the daily struggles and personal wins and only 2 losses; Whereas the Cowboys’ outstanding 2005 sacrifices of children of members of the Whereas the Sooners clinched a spectac- season contributed to an already rich and Armed Forces too often go unnoticed; ular, nail-biting victory over the Ohio State proud tradition of wrestling excellence at Whereas the children of members of the Buckeyes, which was made possible by a he- Oklahoma State University; Armed Forces are a source of pride and honor to all Americans and it is fitting that roic final performance on the vault by fresh- Whereas the amazing accomplishments of the Nation recognize their contributions and man Jonathan Horton; the past year reflect the dedication, commit- celebrate their spirit; Whereas the Sooners’ winning score of ment, and tireless effort of the entire school, Whereas the ‘‘National Month of the Mili- 225.675 set a school record and dramatically from the president to the athletic directors, tary Child’’, observed in April each year, rec- surpassed second-place Ohio State’s score of coaches, athletes, managers, and staff mem- ognizes military children for their sacrifices 225.450; bers; and and contributes to demonstrating the Na- Whereas 6 members of the University of Whereas the student athletes of the Okla- tion’s unconditional support to members of Oklahoma men’s gymnastics team, including homa State University wrestling team, the Armed Forces; Taqiy Abdullah-Simmons, Josh Gore, David through their exceptional athletic achievements, have not only brought credit to Whereas in addition to Department of De- Henderson, Jamie Henderson, Jonathan Hor- fense programs to support military families ton, and Jacob Messina, also garnered a themselves but to their fellow students, their university, and their community: Now, and military children, a variety of programs school-record 13 All-America honors in the and campaigns have been established in the individual event finals; therefore be it Resolved, That the Senate— private sector to honor, support, and thank Whereas senior David Henderson’s 2005 military children by fostering awareness and NCAA title on the still rings gave the Uni- (1) commends the Oklahoma State Cow- boys for their third straight National Colle- appreciation for the sacrifices and the chal- versity of Oklahoma its 18th all-time indi- lenges they face; vidual national champion and capped off an giate Athletic Association Division I Wres- tling Championship; Whereas a month-long salute to military exceptional 4 years; children will encourage support for those or- Whereas Head Coach Mark Williams was (2) recognizes the players, coaches, staff, and all who have made the historic successes ganizations and campaigns established to named the 2005 NCAA Coach of the Year, provide direct support for military children making it the third time in his distinguished of the 2005 season possible; and (3) directs the Secretary of the Senate to and families career that Head Coach Williams has re- Resolved by the Senate (the House of Rep- transmit an enrolled copy of this resolution ceived that honor; resentatives concurring), That the Senate— to Oklahoma State University President Dr. Whereas the tremendous success of the 2005 (1) joins the Secretary of Defense in hon- David J. Schmidly and Coach John Smith for Sooners adds to the outstanding legacy of oring the children of members of the Armed appropriate display. men’s gymnastics at the University of Okla- Forces and recognizes that they too share in homa and is a reflection of the heart and f the burden of protecting the Nation; dedication of the entire school, from the (2) urges Americans to join with the mili- president to the athletic directors, coaches, NATIONAL MONTH OF THE tary community in observing the ‘‘National athletes, managers, and staff members; MILITARY CHILD Month of the Military Child’’ with appro- Whereas the teamwork, grit, and sports- priate ceremonies and activities that honor, manship demonstrated by the University of Mr. FRIST. Madam President, I ask unanimous consent that the Senate support, and thank military children; and Oklahoma Sooners men’s gymnastics team is (3) recognizes with great appreciation the a proud tribute to the university and the proceed to the immediate consider- contributions made by private-sector organi- communities from which the team members ation of S. Con. Res. 27, submitted ear- zations that provide resources and assistance hail: Now, therefore, be it lier today. to military families and the communities Resolved, That the Senate— The PRESIDING OFFICER. The that support them. (1) congratulates the University of Okla- clerk will report the concurrent resolu- homa Sooners for their sixth National Colle- f tion by title. giate Athletic Association Division I Men’s ORDERS FOR FRIDAY, APRIL 15, The assistant legislative clerk read Gymnastics Championship; 2005 (2) recognizes all who have contributed as follows: their hard work and support to making the A concurrent resolution (S. Con. Res. 27) Mr. FRIST. Madam President, I ask 2005 season a historic success; and honoring military children during ‘‘National unanimous consent that when the Sen- (3) directs the Secretary of the Senate to Month of the Military Child.’’ ate completes its business today, it transmit a copy of this resolution to Univer- There being no objection, the Senate stand in adjournment until 9:30 a.m. on sity of Oklahoma President David L. Boren Friday, April 15. I further ask consent and Head Coach Mark Williams for appro- proceeded to consider the concurrent resolution. that following the prayer and pledge, priate display. the morning hour be deemed expired, Mr. FRIST. Madam President, I ask The resolution (S. Res. 110) was the Journal of proceedings be approved unanimous consent that the concur- agreed to. to date, the time for the two leaders be rent resolution and preamble be agreed The preamble was agreed to. reserved, and the Senate then resume to en bloc, the motion to reconsider be The resolution, with its preamble, consideration of H.R. 1268, the Iraq-Af- reads as follows: laid upon the table, and that any state- ghanistan supplemental appropriations ments relating thereto be printed in S. RES. 110 bill. the RECORD, without intervening ac- Whereas on March 19, 2005, the Oklahoma The PRESIDING OFFICER. Without State University Cowboys claimed their 33rd tion or debate. objection, it is so ordered. The PRESIDING OFFICER. Without National Collegiate Athletic Association f Wrestling Championship in St. Louis, Mis- objection, it is so ordered. souri; The concurrent resolution (S. Con. PROGRAM Whereas the 33 wrestling championships Res. 27) was agreed to. Mr. FRIST. Madam President, tomor- won by the Cowboys is more than have been The preamble was agreed to. row, the Senate will resume consider- won by any other school in the history of Na- The concurrent resolution, with its ation of the Iraq-Afghanistan supple- tional Collegiate Athletic Association Divi- preamble, reads as follows: mental. Although no rollcall votes will sion I wrestling; Whereas the Cowboys now have won 3 con- S. CON. RES. 27 occur tomorrow, we hope to make addi- secutive wrestling championships, a feat not Whereas more than a million Americans tional progress on the bill. We expect accomplished since they won the national are demonstrating their courage and com- to lock in some of the pending amend- wrestling championship in 1954, 1955, and mitment to freedom by serving in the Armed ments for votes on Monday, and there- 1956; Forces of the United States; fore Senators can expect a series of

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JENNIFER J. BECK, 0000 JONATHAN L. * GOODE, 0000 votes to occur Monday evening. It is KELLY C. BROOKS, 0000 JOHN B. GOODRICH, 0000 my intention to complete action on AMMON W. BROWN, 0000 RICHARD E. * GREMILLION, 0000 PATTY H. CHEN, 0000 TARA L. HALL, 0000 this bill early next week, and Members WILLIAM CULP, 0000 CINTHYA A. * HAMMER, 0000 should not wait until the last minute CHRISTINE A. EGE, 0000 KEVIN A. * HANNAH, 0000 REBECCA I. EVANS, 0000 ALFONSO A. * HARO III, 0000 to offer their amendments. SARAH B. HINDS, 0000 BRIAN A. HAUG, 0000 f JENNIFER M. KISHIMORI, 0000 CLAUDIA L. * HENEMYREHARRIS, 0000 THOMAS KOHLER, 0000 SAMANTHA S. * HINCHMAN, 0000 WENDY E. MEY, 0000 JIMMY D. HUMPHRIES, 0000 ADJOURNMENT UNTIL 9:30 A.M. KRINON D. MOCCIA, 0000 GREGORY A. * HUTCHESON, 0000 TOMORROW MARY A. PARHAM, 0000 MARION A. JEFFERSON, 0000 SANDI K. PARRIOTT, 0000 KENNETH D. JONES II, 0000 Mr. FRIST. Madam President, if GERALD R. SARGENT, 0000 SHELLEY C. * JORGENSEN, 0000 LARRY J. SHELTON, JR., 0000 MARK D. * KELLOGG, 0000 there is no further business to come be- CHAD A. WEDDELL, 0000 ERIC J. * KELLY, 0000 fore the Senate, I ask unanimous con- WILLIAM L. WILKINS, 0000 VEDA F. * KENNEDY, 0000 SAMUEL L. YINGST, 0000 WILLIAM D. * KILLGORE, 0000 sent that the Senate stand in adjourn- PHILIP C. * KNIGHTSHEEN, 0000 ment under the previous order. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH M. KOYLE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY KRIS E. * KRATZ, 0000 There being no objection, the Senate, MEDICAL SPECIALIST CORPS AND FOR REGULAR AP- JON R. LASELL, 0000 at 7:20 p.m., adjourned until Friday, POINTMENT (IDENTIFIED BY AN ASTERISK(*)) UNDER MICHAEL D. * LAWSON, 0000 TITLE 10, U.S.C., SECTIONS 624, 531, AND 3064: LEE J. * LEFKOWITZ, 0000 April 15, 2005, at 9:30 a.m. To be major WALTER G. * LEKITES IV, 0000 STEPHEN J. * LETTRICH, 0000 f STEVEN B. * ANDERSON, 0000 EDWARD F. MANDRIL, 0000 BRUCE J. BEECHER, 0000 MONIQUE G. * MCCOY, 0000 NOMINATIONS RICHARD E. * BETT, 0000 MICHAEL S. MCFADDEN, 0000 JANETTA R. * BLACKMORE, 0000 DARREN D. MCWHIRT, 0000 Executive nominations received by MICHAEL E. * BOOTH, 0000 ANTHONY A. * MEADOR, 0000 SEAN F. * BRAY, 0000 VICTOR * MELENDEZ, JR., 0000 the Senate April 14, 2005: KENNETH S. * BROOKS, 0000 ERIC G. * MIDBOE, 0000 DEPARTMENT OF TRANSPORTATION ASMA S. * BUKHARI, 0000 CHRISTOPHER J. MOORE, 0000 STUART M. * CAMPBELL, 0000 DANIEL J. MOORE, 0000 PHYLLIS F. SCHEINBERG, OF VIRGINIA, TO BE AN AS- STACIE M. CASWELL, 0000 MARK K. * MORRIS, 0000 SISTANT SECRETARY OF TRANSPORTATION, VICE LINDA SHON D. * COMPTON, 0000 DAVID J. * MULLER, 0000 MORRISON COMBS. GAIL A. * DREITZLER, 0000 NEIL I. NELSON, 0000 DOUGLAS I. * DUSENBERRY, 0000 SCOTT J. * NEWBERG, 0000 DEPARTMENT OF ENERGY MICHAEL D. * DYCHES, 0000 MICHAEL T. OLEARY, 0000 DAVID R. HILL, OF MISSOURI, TO BE GENERAL COUN- KERRY W. * EBERHARD, 0000 CHARLES H. * ONEAL, 0000 SEL OF THE DEPARTMENT OF ENERGY, VICE LEE SARAH FREDERICK E. * FOLTZ, 0000 SEAN S. * ONEIL, 0000 LIBERMAN OTIS, RESIGNED. STEVEN S. GAY, 0000 DAVID E. * PARKER, 0000 MARK J. * GESLAK, 0000 STEVEN L. * PATTERSON, 0000 DEPARTMENT OF STATE DONALD L. * GOSS, 0000 CHRISTOPHER G. * PETERSON, 0000 LEONARD Q. * GRUPPO, JR., 0000 DAVID J. PHILLIPS, 0000 CRAIG ROBERTS STAPLETON, OF CONNECTICUT, TO BE PAUL V. * JACOBSON, 0000 CHRISTOPHER D. * PITCHER, 0000 AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY JERRY L. * JOHNSTON, 0000 STEPHAN C. * PORTER, 0000 OF THE UNITED STATES OF AMERICA TO FRANCE. BRIAN W. * JOVAG, 0000 THOMAS W. * PORTER, 0000 EDUARDO AGUIRRE, JR., OF TEXAS, TO BE AMBAS- CHAD A. * KOENIG, 0000 MARK A. * POTTER, 0000 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF KOHJI K. * KURE, 0000 BRYAN K. * PREER, 0000 THE UNITED STATES OF AMERICA TO SPAIN, AND TO CHRISTOPHER M. * LECCESE, 0000 SUEANN O. * RAMSEY, 0000 SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- BETH E. * MASON, 0000 MARTIN B. * ROBINETTE, 0000 PENSATION AS AMBASSADOR EXTRAORDINARY AND DOUGLAS J. * MCKNIGHT, 0000 SCOTT D. * ROLLSTON, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ELIZABETH L. * NORTH, 0000 FRANCISCO A. ROMERO III, 0000 TO ANDORRA. JESSE K. * ORTEL, 0000 BARRY W. * RYLE, 0000 EMIL A. SKODON, OF ILLINOIS, A CAREER MEMBER OF CORDES L. * PRYOR, 0000 WENDY L. * SAMMONS, 0000 THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- MICHAEL A. * ROBERTSON, 0000 ANTHONY L. * SCHUSTER, 0000 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PAMELA A. * ROOF, 0000 JASON D. * SCHWARTZ, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA PAUL * SANDERS, 0000 ANDREW L. * SCOTT, 0000 TO BRUNEI DARUSSALAM. JAMES T. * SCHUMACHER, JR., 0000 JASON R. SEPANIC, 0000 IN THE AIR FORCE PATRICK A. * SHERMAN, 0000 ROBERT W. * SHARPES, 0000 DONALD G. SHIPMAN, 0000 LUKE J. * SHATTUCK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RANDALL R. * SITZ, 0000 STEPHEN W. * SMITH, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TERRY L. * SMITH, 0000 GARY * STAPOLSKY, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DALE A. * SPENCE, 0000 SUSANNA J. * STEGGLES, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION RANDY B. THOMAS, 0000 MELBA * STETZ, 0000 601: ROBERT M. * TOMSETT, 0000 DOUGLAS L. STRATTON, 0000 COLIN S. * TURNNIDGE, 0000 KEITH E. * STRETCHKO, 0000 To be general THOMAS E. * STROHMEYER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LT. GEN. MICHAEL V. HAYDEN JEFFREY L. * THOMAS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY LEONA R. TOLLE, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED MEDICAL SERVICE CORPS AND FOR REGULAR APPOINT- EVANS D. * TRAMMEL, JR., 0000 STATES OFFICER FOR APPOINTMENT IN THE RESERVE MENT (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, CLIFTON B. * TROUT, 0000 OF THE AIR FORCE TO THE GRADE INDICATED UNDER U.S.C., SECTIONS 624, 531, AND 3064 KELLY L. * TURNER, 0000 TITLE 10, U.S.C., SECTION 12203: To be major WILLIAM N. * UPTERGROVE, 0000 RAYMOND * VAZQUEZ, 0000 To be brigadier general CHRISTOPHER B. * ACKERMAN, 0000 ROY L. VERNON, JR., 0000 COL. JOHN C. INGLIS, 0000 GINA E. * ADAM, 0000 ERIC T. WALLIS, 0000 KAYS * ALALI, 0000 MICHAEL J. * WALTER, 0000 IN THE ARMY MATTHEW J. * ALLEN, 0000 CHARLENE L. * WARRENDAVIS, 0000 DWIGHT A. * ARMBRUST, 0000 KIRK W. WEBB, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT HUGH H. BAILEY, 0000 EDWARD J. WEINBERG, 0000 IN THE RESERVE OF THE ARMY TO THE GRADES INDI- MARIA Y. * BATES, 0000 KENNEY H. * WELLS, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: BRADLEY M. BEAUVAIS, 0000 LILLIAN A. WESTFIELD, 0000 To be major general BRENDON * BLUESTEIN, 0000 RONALD J. * WHALEN, 0000 DAVID M. * BOWEN, 0000 VERNON W. * WHEELER, 0000 BRIG. GEN. MICHAEL R. EYRE, 0000 DEVVON L. * BRADLEY, 0000 DUVEL W. WHITE, 0000 EDWARD L. * BRYAN, JR., 0000 DAVID J. * ZAJAC, 0000 To be brigadier general DAVID S. * BRYANT, 0000 CHARLES D. ZIMMERMAN, JR., 0000 GABRIELLE N. * BRYEN, 0000 COL. JIMMY E. FOWLER, 0000 CRAIG W. * BUKOWSKI, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. SANFORD E. HOLMAN, 0000 MARC BUSTAMANTE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY COL. DAVID A. MORRIS, 0000 DAVID E. * CABRERA, 0000 NURSE CORPS AND FOR REGULAR APPOINTMENT (IDEN- COL. WILLIAM D. WAFF, 0000 TIMOTHY K. * CARROLL, 0000 TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SEC- TIONS 624, 531, AND 3064: IN THE NAVY YVONNE * CEPERO, 0000 CHARLES D. * CLARK, 0000 To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES D. CLAY, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED CARLOS E. CORREDOR, 0000 HERMAN A. ALLISON, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND SCOTT A. * CRAIL, 0000 ROBERT R. * ARNOLD, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JOSEPHINE E. * CREEL, 0000 PACITA G. * ATKINSON, 0000 JUSTIN C. * CURRY, 0000 ERIKA J. * AYERS, 0000 To be admiral LUCCA J. * DALLE, 0000 JENNIFER M. * BANNON, 0000 VICE ADM. HENRY G. ULRICH III, 0000 RUSSELL A. DEVRIES, 0000 DENISE M. BEAUMONT, 0000 JACOB J. * DLUGOSZ, 0000 KIRK C. * BIEBER, 0000 IN THE ARMY JOHN R. DOELLER, 0000 AVA M. BIVENS, 0000 MICHAEL J. * DOLAN, 0000 CHRISTIE L. BROWN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RANDY D. * DORSEY, 0000 PEGGY A. * BRYANT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY JACQUELINE L. * DURANT, 0000 JAMES D. * BURK, 0000 VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS JOSEPH P. EDGER, 0000 KATE E. * CARR, 0000 624 AND 3064: JONATHAN A. EDWARDS, 0000 SHEILA D. * CASTEEL, 0000 To be major MARVIN A. * EMERSON, 0000 EUGENE J. CHRISTEN III, 0000 ROBERT A. ERICKSON, 0000 MELINDA L. * CHURCH, 0000 LISA M. AMOROSO, 0000 BRIAN P. * EVANS, 0000 SHERMAN D. CLAGG, 0000 JANICE L. BAKER, 0000 ARTHUR * FINCH III, 0000 GILBERT A. * CLAPPER, 0000 STEVEN A. BATY, 0000 CRAIG D. GEHRELS, 0000 MARY L. * CONDELUCI, 0000

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AMY L. * COOPERSMITH, 0000 JR R. * KENT, 0000 SONYA I. ROWE, 0000 JENNIFER L. * COYNER, 0000 STEVEN A. * KINDLE, 0000 EDITHA D. RUIZ, 0000 WARREN T. CUSICK, 0000 ROBERT N. LADD, 0000 EDWARD RUIZ, JR., 0000 JULIE A. * DARGIS, 0000 ELAINE M. * LADICH, 0000 JAY C. * SCHUSTER, 0000 ROBERT S. DAVIS, 0000 BRIAN M. * LENZMEIER, 0000 TOMAS * SERNA, 0000 JUANITA * DEJESUSMARTINEZ, 0000 ANTHONY G. * LEONARD, 0000 BROCK M. * SMITH, 0000 DANNY R. DENKINS, 0000 JEFF L. LOGAN, 0000 TARA O. * SPEARS, 0000 LAURIE D. * DESANTIS, 0000 CHERYL D. * LOVE, 0000 ANN M. * STARR, 0000 CHRISTOPHER B. * DOMER, 0000 EDWIN S. * MANIULIT, 0000 JOHN C. STICH, 0000 DAVID G. * DOTY, 0000 CHERYLL A. * MARCHALK, 0000 ROBERT D. SWINFORD, 0000 COREY L. * EICHELBERGER, 0000 FRED D. * MARCUM, 0000 KELLY L. * TAYLOR, 0000 AARON R. ELLIOTT, 0000 DANIEL R. * MATTSON, 0000 JAMIE S. THOMAS, 0000 MICHAEL T. ENDRES, 0000 TAMMY K. MAYER, 0000 MICHAEL K. * THOMAS, 0000 DAVID S. FARLEY, 0000 ALAN E. * MEEKINS, 0000 DAVID C. * FAZEKAS, 0000 JOHN J. * MELVIN, 0000 TROY R. THOMPSON, 0000 MONNICA D. * FELIX, 0000 ZENON * MERCADO III, 0000 CHARLES E. TRUDO, 0000 JESUS FLORES, 0000 VINCENT R. * MILLER, 0000 CYBIL A. * TRUE, 0000 JULIE J. * FREEMAN, 0000 CHERYL R. * MONTGOMERY, 0000 JESSICA T. * TRUEBLOOD, 0000 KATHERINE E. FROST, 0000 ANGELO D. MOORE, 0000 CHRISTIANE H. TURLINGTON, 0000 JANA N. GAINOK, 0000 RICHARD T. * MORTON, JR., 0000 DENNIS R. * TURNER, 0000 SUSAN R. * GARTUNG, 0000 JANA L. NOHRENBERG, 0000 ADAM W. * VANEK, 0000 SUSAN E. * GILBERT, 0000 JOSE M. * NUNEZ, 0000 MARY J. * VERNON, 0000 JANET A. * GLENN, 0000 RONALD R. * OLIVER, 0000 JOHN W. * VINING, 0000 JOHN D. * GORDON, 0000 OMER * OZGUC, 0000 ELIZABETH P. VINSON, 0000 STEVEN L. * GRAHAM, 0000 KEITH C. * PALM, 0000 KRISTEN L. * VONDRUSKA, 0000 PASCALE L. * GUIRAND, 0000 BRENT J. PERSONS, 0000 MARVETTA WALKER, 0000 TYKISE L. * HAIRSTON, 0000 UN Y. * RAINEY, 0000 MIKO Y. * WATKINS, 0000 GREGORY W. * HANN, 0000 VINA A. RAJSKI, 0000 THOMAS K. WEICHART, 0000 ANTHONY J. * HARKIN, 0000 JANE E. * RALPH, 0000 CHRISTOPHER P. * WEIDLICH, 0000 PATRICK C. * HARTLEY, 0000 TARA C. * REAVEY, 0000 BRIAN K. * WEISGRAM, 0000 SHELLEY A. * HASKINS, 0000 BARBARA A. * REILLY, 0000 RHONDA G. * WHITFIELD, 0000 ROBERT L. * HERROLD, 0000 JAMES E. * RIGOT, 0000 RYAN J. WILCOX, 0000 WILFRED D. * HINZE, 0000 CHRISTOPHER M. RIVERA, 0000 JENNIFER L. WILEY, 0000 JAMES R. HUNLEY, JR., 0000 FELECIA M. RIVERS, 0000 VAUGHN C. * WILHITE, 0000 BRADLEY G. HUTTON, 0000 ANDREA L. ROBERTS, 0000 ANGELA R. WILLIAMS, 0000 MICHELLE J. JARRELL, 0000 RICCI R. * ROBISON, 0000 FAYE H. * WILSON, 0000 CONSTANCE L. JENKINS, 0000 DOUGLAS W. ROGERS, 0000 JOE C. WILSON, 0000 CHERYL L. * JONES, 0000 ERICSON B. * ROSCA, 0000 MERYIA D. WINDISCH, 0000 BARBARA W. * KANE, 0000 MARGUERITE A. ROSSIELLO, 0000 HEATHER L. ZUNIGA, 0000

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